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

Vol. 146 WASHINGTON, THURSDAY, SEPTEMBER 14, 2000 No. 108 House of Representatives The House met at 9 a.m. The point of no quorum is considered WELCOME TO PRIEST VENKATACH- Priest Venkatachalapathi Samul- withdrawn. ALAPATHI SAMULDRALA drala, Shiva Hindu Temple, Parma, f (Mr. BROWN of Ohio asked and was Ohio, offered the following prayer: given permission to address the House O God, You are Omnipresent, PLEDGE OF ALLEGIANCE for 1 minute and to revise and extend Omnipotent, and Omniscient. You are The SPEAKER. Will the gentleman his remarks.) in everything and nothing is beyond from Ohio (Mr. BROWN) come forward Mr. BROWN of Ohio. Mr. Speaker, You. You are our Mother and Father and lead the House in the Pledge of Al- today is a great day for Indian-Amer- and we are all Your children. Whatever legiance. ican relations. For the first time, a You do is for our good. You are the Mr. BROWN of Ohio led the Pledge of Hindu priest has given the opening ocean of mercy and You forgive our er- Allegiance as follows: prayer at a session of Congress, and the rors. You are our teacher and You I pledge allegiance to the Flag of the Prime Minister of India later this guide us into righteousness. United States of America, and to the Repub- Today, in this great Hall, are assem- lic for which it stands, one nation under God, morning will address a joint session of bled the elected Representatives of the indivisible, with liberty and justice for all. Congress. people of this Nation. They are ready f India and the United States share the to perform their duties. God, please bonds of history and culture. Our two MESSAGE FROM THE SENATE guide them in their thoughts and ac- great nations share a commitment to tions so they can achieve the greatest A message from the Senate by Mr. both the ideals and the practice of de- good for all. Lundregan, one of its clerks, an- mocracy. The close ties between the We end this invocation with a prayer nounced that the Senate has passed world’s oldest democracy and the from the ancient scriptures of India: without amendment bills and a concur- world’s largest democracy are invalu- May all be happy rent resolution of the House of the fol- able to encourage free and fair elec- May all be free from disease lowing titles: tions throughout the world. May all realize what is good H.R. 1729. An act to designate the Federal The United States is also home to an May none be subject to misery facility located at 1301 Emmet Street in Indian-American community of 1.4 mil- Peace, peace, peace be unto all. Charlottesville, Virginia, as the ‘‘Pamela B. lion people. I requested the House f Gwin Hall’’. Chaplain and Speaker to invite Mr. H.R. 1901. An act to designate the United Samuldrala to give today’s prayer as a THE JOURNAL States border station located in Pharr, Texas, as the ‘‘Kika de la Garza United testimony to the religious diversity The SPEAKER. The Chair has exam- that is the hallmark of our great Na- ined the Journal of the last day’s pro- States Border Station’’. H.R. 1959. An act to designate the Federal tion. ceedings and announces to the House building located at 643 East Durango Boule- I want to thank Mr. Samuldrala for his approval thereof. vard in San Antonio, Texas, as the ‘‘Adrian his thoughtful prayer that reminds us Pursuant to clause 1, rule I, the Jour- A. Spears Judicial Training Center’’. that, while we may differ in culture nal stands approved. H.R. 4608. An act to designate the United and traditions, we are all alike in the Mr. BALLENGER. Mr. Speaker, pur- States courthouse located at 220 West Depot suant to clause 1, rule I, I demand a Street in Greeneville, Tennessee, as the most basic aspiration of peace and vote on agreeing to the Speaker’s ap- ‘‘James H. Quillen United States Court- righteousness. proval of the Journal. house’’. I thank the House Chaplain for invit- The SPEAKER. The question is on H. Con. Res. 394. Concurrent resolution di- ing Mr. Samuldrala and look forward the Chair’s approval of the Journal. recting the Secretary of the Senate to make to future efforts to strengthen the The question was taken; and the technical corrections in the enrollment of S. bonds between our two great nations. Speaker announced that the ayes ap- 1374. f The message also announced that, peared to have it. ANNOUNCEMENT BY THE SPEAKER Mr. BALLENGER. Mr. Speaker, I ob- pursuant to sections 276h–276k of title ject to the vote on the ground that a 22, United States Code, as amended, the The SPEAKER. After consultation quorum is not present and make the Chair, on behalf of the Vice President, with the majority and minority leaders point of order that a quorum is not appoints the Senator from Texas (Mrs. and with their consent and approval, present. HUTCHISON) as Chair of the Senate Del- the Chair announces that during the The SPEAKER. Pursuant to clause 8, egation to the Mexico-United States joint meeting to hear an address by His rule XX, further proceedings on this Interparliamentary Union during the Excellency Atal Bihari Vajpayee, only question will be postponed. One Hundred Sixth Congress. the doors immediately opposite the

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.

H7579

.

VerDate 11-MAY-2000 02:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.000 pfrm04 PsN: H14PT1 H7580 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Speaker and those on his right and left The gentleman from New Jersey (Mr. dent Clinton and to me, as we work to- will be open. No one will be allowed on HOLT). gether to infuse a new quality in our the floor of the House who does not The PRESIDENT pro tempore. The ties. I thank you for the near-unique have the privilege of the floor of the President pro tempore of the Senate, at approach that you have adopted to- House. the direction of that body, appoints the wards my country. Due to the large attendance which is following Senators as a committee on Those of you who saw the warm re- anticipated, the Chair feels that the the part of the Senate to escort His Ex- sponse to President Clinton’s speech to rule regarding the privileges of the cellency Atal Bihari Vajpayee, the our Parliament in March this year will floor must be strictly adhered to. Chil- Prime Minister of India, into the House recognize that similar cross-party sup- dren of Members will not be permitted Chamber: port exists in India as well for deeper on the floor. The cooperation of all The Senator from Mississippi (Mr. engagement with the United States of Members is required. LOTT); America. f The Senator from Indiana (Mr. I am also deeply touched by the reso- LUGAR); lution adopted in the House 2 days ago RECESS The Senator from Wyoming (Mr. welcoming my visit and the prospect of The SPEAKER. Pursuant to the THOMAS); close Indo-U.S. understanding. I am order of the House of Thursday, Sep- The Senator from Kansas (Mr. equally encouraged by the resolution tember 7, 2000, the House stands in re- BROWNBACK); adopted by the Senate yesterday. cess subject to the call of the Chair. The Senator from Nebraska (Mr. Mr. Speaker, American people have Accordingly (at 9 o’clock and 7 min- HAGEL); shown that democracy and individual utes a.m.), the House stood in recess The Senator from Rhode Island (Mr. liberty provide the conditions in which subject to the call of the Chair. CHAFEE); knowledge progresses, science dis- During the recess, beginning at about The Senator from Illinois (Mr. DUR- covers, innovation occurs, enterprise 9:52 a.m., the following proceedings BIN); thrives, and, ultimately, people ad- were had: The Senator from Delaware (Mr. vance. f BIDEN); To more than a million and a half b 0945 The Senator from Nevada (Mr. REID); from my country, America is now The Senator from Massachusetts (Mr. home. In turn, their industry, enter- JOINT MEETING OF THE HOUSE KERRY); and prise and skills are contributing to the AND SENATE TO HEAR AN AD- The Senator from New York (Mr. advancement of American society. DRESS BY HIS EXCELLENCY MOYNIHAN). I see in the outstanding success of ATAL BIHARI VAJPAYEE, PRIME The Assistant to the Sergeant at the Indian community in America a MINISTER OF INDIA Arms announced the Acting Dean of metaphor of the vast potential that ex- The Speaker of the House presided. the Diplomatic Corps, His Excellency ists in Indo-U.S. relations, of what we The Assistant to the Sergeant at Kingsley Layne, Ambassador of St. can achieve together. Just as American Arms, Richard Wilson, announced the Vincent and the Grenadines. experience has been a lesson in what President pro tempore and Members of b 1007 people can achieve in a democratic the U.S. Senate who entered the Hall of framework, India has been the labora- the House of Representatives, the At 10 o’clock and 7 minutes a.m., the tory of a democratic process rising to President pro tempore of the Senate Assistant to the Sergeant at Arms an- meet the strongest challenges that can taking the chair at the right of the nounced the Prime Minister of India, be flung at it. Speaker, and the Members of the Sen- His Excellency Atal Bihari Vajpayee. In the half century of our inde- ate the seats reserved for them. The Prime Minister of India, escorted pendent existence, we have woven an The SPEAKER. The Chair appoints by the committee of Senators and Rep- equisite tapestry. Out of diversity we as members of the committee on the resentatives, entered the Hall of the have brought unity. The several lan- part of the House to escort His Excel- House of Representatives, and stood at guages of India speak with one voice lency Atal Bihari Vajpayee, the Prime the Clerk’s desk. under the roof of our Parliament. Minister of India, into the Chamber: [Applause, the Members rising.] In your remarkable experiment as a The gentleman from Texas (Mr. The SPEAKER. Members of the Con- Nation state, you have proven the ARMEY); gress, it is my great privilege and I same truth. Out of the huddled masses The gentleman from Texas (Mr. deem it a high honor and a personal that you welcomed to your shores, you DELAY); pleasure to present to you the Prime have created a great Nation. The gentleman from Oklahoma (Mr. Minister of India, His Excellency, Atal For me, the most gratifying of the WATTS); Bihari Vajpayee. many achievements of Indian democ- The gentleman from California (Mr. [Applause, the Members rising.] racy has been the change it has COX); f brought to the lives of the weak and The gentleman from New York (Mr. ADDRESS BY HIS EXCELLENCY, the vulnerable. To give just one figure, GILMAN); ATAL BIHARI VAJPAYEE, PRIME in recent years it has enabled more The gentleman from Nebraska (Mr. MINISTER OF INDIA than a million women in small towns BEREUTER); and distant villages to enter local The gentleman from California (Mr. Prime Minister VAJPAYEE. Mr. elected councils and to decide on issues ROYCE); Speaker, Mr. President pro tem, honor- that touch upon their lives. The gentleman from Pennsylvania able Members of the United States b 1015 (Mr. GREENWOOD); Congress, it is with a deep sense of The gentleman from Missouri (Mr. honor that I speak to you today. I Two years ago, while much of Asia GEPHARDT); would like to thank you, Mr. Speaker, was convulsed by economic crises, The gentleman from New Jersey (Mr. and the Members of the Congress, for India held its course. In the last 10 MENENDEZ); giving me this opportunity. years, we have grown at 6.5 percent per The gentleman from Connecticut In November 1999, a remarkable year. That puts India among the 10 (Mr. GEJDENSON); event took place in the House of Rep- fastest growing economies of the world. The gentleman from California (Mr. resentatives. By a vote 396 to 4, the Economic activity gets more and LANTOS); House adopted a resolution congratu- more diversified by the year. President The gentleman from New York (Mr. lating India and my government on the Clinton and many among the friends ACKERMAN); successful elections completed in Octo- gathered here have had occasion to The gentleman from New Jersey (Mr. ber 1999. This display of broad-based bi- glimpse our advances in information PALLONE); partisan support for strengthening re- technology. The gentleman from Ohio (Mr. lations with India is heartening. It is a We are determined to sustain the mo- BROWN); and source of encouragement to both Presi- mentum of our economy. Our aim is to

VerDate 11-MAY-2000 02:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.002 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7581 double our per capita income in 10 Mr. Speaker, ladies and gentlemen, ken to each other more often than we years, and that means we must grow at we believe that India and America can, have ever done in the past. I thank 9 percent a year. and should, march hand in hand to- President Clinton for his leadership To achieve this order of growth, we wards a world in which economic con- and vision in steering this dialogue. I have ushered in comprehensive re- ditions improve for all. A situation sincerely thank Members of this Con- forms. We are committed to releasing that provides comfortable living stand- gress for supporting and encouraging the creative genius of our people, the ards to one-third of the world’s popu- this process. entrepreneurial skills of the men and lation, but condemns the remaining As we talk with candor, we open the women of the country, of its scientists two-thirds to poverty and want is doors to new possibilities and new and craftsmen. At the same time, we in unsustainable. areas of cooperation, in advancing de- India remain committed to the pri- The foremost responsibility that the mocracy, in combating terrorism, in macy of the State in fulfilling its so- 21st century has cast on all of us is to energy and environment, science and cial obligations to the deprived, the change this unacceptable legacy of the technology, and in international peace- weak, and the poor. past. It should be our common endeav- keeping. And we are discovering that Important sectors of the country’s or to overcome this legacy. I, there- our shared values and common inter- infrastructure, power, insurance, bank- fore, propose a comprehensive global ests are leading us to seek a natural ing, telecom, are being opened to pri- dialogue on development. We would be partnership of shared endeavors. vate initiative, domestic and foreign. happy to offer New Delhi as the venue India and the United States have Trade barriers are being lowered. for this dialogue. taken a decisive step away from the Mr. Speaker, ladies and gentlemen, In this Congress, you have often ex- past. The dawn of the new century has there are forces outside our country pressed concern about the future con- marked a new beginning in our rela- that believe that they can use terror to tours of Asia. Will it be an Asia that tions. unravel the territorial integrity of will be at peace with itself? Or will it Let us work to fulfill this promise India. They wish to show that a multi- be a continent where countries seek to and the hope of today. religious society cannot exist. They redraw boundaries and settle claims, Let us remove the shadow of hesi- pursue a task in which they are historical or imaginary, through force? tation that lies between us and our doomed to fail. We seek an Asia where power does joint vision. No country has faced as ferocious an not threaten stability and security. We Let us use the strength of all that we attack of terrorist violence as India do not want the domination of some to have in common to build together a fu- has over the past 2 decades. Twenty- crowd out the space for others. We ture that we wish for ourselves and for one thousand were killed by foreign must create an Asia where cooperative the world that we live in. sponsored terrorists in Punjab alone, rather than aggressive assertion of na- Thank you. and 16,000 have been killed in Jammu tional self-interests defines behavior (Applause, the Members rising.) and Kashmir. among nations. At 10 o’clock and 28 minutes a.m., As many of you here in the Congress If we want an Asia fashioned on such the Prime Minister of India, accom- have in recent hearings recognized a ideals, a democratic, prosperous, toler- panied by the committee of escort, re- stark fact: no region is a greater source ant, pluralistic, stable Asia, if we want tired from the Hall of the House of of terrorism than our neighborhood. In- an Asia where our vital interests are Representatives. deed, in our neighborhood, in this, the secure, then it is necessary for us to re- The Assistant to the Sergeant at 21st century, religious war has not just examine old assumptions. Arms escorted the invited guests from been fashioned into, it has been pro- It is imperative for India and the the Chamber in the following order: claimed to be, an instrument of State United States to work together more The Acting Dean of the Diplomatic policy. closely in pursuit of these goals. In the Corps. Distance offers no insulation. It years ahead, a strong, democratic and f should not cause complacence. You economically prosperous India stand- b 1030 know and I know such evil cannot suc- ing at the crossroads of all of the major ceed. But even in failing, it could in- cultural and economic zones of Asia JOINT MEETING DISSOLVED flict untold suffering. That is why the will be an indispensable factor of sta- The SPEAKER. The purpose of the United States and India have begun to bility in the region. joint meeting having been completed, deepen their cooperation for combating Our cooperation for peace and sta- the Chair declares the joint meeting of terrorism. We must redouble these ef- bility requires us to also define the the two Houses now dissolved. forts. principles of our own engagement. We Accordingly, at 10 o’clock and 30 Mr. Speaker, ladies and gentlemen, must be prepared to accommodate our minutes a.m., the joint meeting of the there was a time when we were on the respective concerns. We must have mu- two Houses was dissolved. other side of each other’s globes. tual confidence to acknowledge our re- The Members of the Senate retired to Today, on every digital map, India and spective roles and complementary re- their Chamber. the United States are neighbors and sponsibilities in areas of vital impor- f partners. tance to each of us. ANNOUNCEMENT BY THE SPEAKER India and the United States have Security issues have cast a shadow taken the lead in shaping the informa- on our relationship. I believe this is un- The SPEAKER. The House will con- tion age. Over the last decade, this new necessary. We have much in common tinue in recess until approximately 11 technology has sustained American and no clash of interests. a.m. prosperity in a way that has challenged We both share a commitment to ulti- f conventional wisdom on economic mately eliminating nuclear weapons. b 1104 growth. We are two nations blessed We have both declared voluntary mora- with extraordinary resources and tal- toriums on testing. AFTER RECESS ent. Measured in terms of the indus- India understands your concerns. We The recess having expired, the House tries of tomorrow, we are together de- do not wish to unravel your non- was called to order by the Speaker pro fining the partnerships of the future. proliferation efforts. We wish you to tempore (Mr. BARRETT of Nebraska) at But our two countries have the po- understand our security concerns. 11 o’clock and 4 minutes a.m. tential to do more to shape the char- We are at a historic moment in our f acter of the global economy in this ties. As we embark on our common en- century. We should turn the example of deavor to build a new relationship, we PRINTING OF PROCEEDINGS HAD our own cooperation into a partnership must give practical shape to our shared DURING RECESS that uses the possibilities of the new belief that democracies can be friends, Mr. GIBBONS. Mr. Speaker, I ask technologies for defining new ways of partners, and allies. unanimous consent that the pro- fighting poverty, illiteracy, hunger, In recent years, through all of the ceedings had during the recess be print- disease, and pollution. good and difficult times, we have spo- ed in the RECORD.

VerDate 11-MAY-2000 01:38 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.005 pfrm04 PsN: H14PT1 H7582 CONGRESSIONAL RECORD — HOUSE September 14, 2000 The SPEAKER pro tempore. Is there The progress in medical research in Banner sets forth the religious lan- objection to the request of the gen- childhood cancer should be celebrated, guage of our national motto years be- tleman from Nevada? but much more work needs to be done fore it was officially adopted. Recalling There was no objection. in pediatric cancer research. the language of that fourth verse: f Unfortunately, Mr. Speaker, child- ‘‘Blest with vict’ry and peace may hood cancer still remains an underrec- the Heaven rescued land ANNOUNCEMENT BY THE SPEAKER ognized and underserved need. ‘‘Praise the Power that hath made PRO TEMPORE The time to change is now. Our chil- and preserved us a nation! The SPEAKER pro tempore. The dren are our future. ‘‘Then conquer we must, when our Chair will entertain up to 15 one- f cause it is just, minute speeches. ‘‘And this be our motto, ‘In God is DISPUTE OVER KASHMIR f our trust.’ (Mr. PITTS asked and was given per- ‘‘And the star-spangled banner in tri- CALL TO PAY OFF OUR DEBT mission to address the House for 1 umph shall wave. (Mr. GIBBONS asked and was given minute and to revise and extend his re- ‘‘O’er the land of the free and the permission to address the House for 1 marks.) home of the brave.’’ minute and to revise and extend his re- Mr. PITTS. Madam Speaker, I rise ‘‘In God is Our Trust’’ was penned by marks.) today to speak about the refugees and Francis Scott Key as our national Mr. GIBBONS. Mr. Speaker, a call to others who suffer as a result of the dis- motto on this day in 1814; and the truth action has been given. The Clinton- pute over Kashmir between India and of that motto is as real today as it was Gore administration has been called Pakistan. 186 years ago. upon to join this Republican Congress We heard earlier in joint session f about the suffering on the Indian side. in protecting the future of the younger NFL HOUSTON TEXANS generations of Americans. Well, earlier this year I visited a camp The Republican leadership has called on the Pakistani side that was filled (Mr. GREEN of Texas asked and was upon the President to make a real com- with Kashmiris who were wounded or given permission to address the House mitment by joining our effort to use up who had relatives who were wounded or for 1 minute and to revise and extend to 90 percent of the surplus to pay off dead from fighting. Several had their his remarks.) Mr. GREEN of Texas. Madam Speak- the national debt. limbs cut off by their Indian adver- er, it has been 3 long years and Hous- Yet, what has been the President’s saries. ton once again has a professional foot- response to this call to action? Well, so These Kashmiris pleaded with me to ball team, an NFL team. That name far it has been ambivalence. He has urge the U.N. to get involved and some- last week was decided to be the Hous- said, well, that depends on ‘‘what the how bring an end to the bloodshed and ton Texans. various spending commitments are.’’ suffering of the Kashmiri people and Since 1997, when the Oilers left Hous- Well, Mr. President, that simply is relief to the refugees. They are called ton to go on to Tennessee, football fans not good enough. It is time to stop displaced persons, not refugees, so they have hoped and dreamed for this mo- wasteful Washington spending and pay are ineligible for relief. Some reports suggest that over a ment. In Houston it was a long and off our national debt. million people have become refugees hard road. Even though it is only 3 This fiscally responsible Republican since 1947 as a result of the conflict. years, it seems like many more. Congress is protecting the Social Secu- Madam Speaker, I urge Secretary I want to thank the owner who rity and Medicare Trust Funds; and General Kofi Annan to appoint a spe- brought the NFL back to Houston, Bob now it is time to pay off the public cial enjoy to help bring an end to this McNair. Without his hard work, dedica- debt so that our children will not be conflict to get the two sides to the ne- tion and effort, we would not have this burdened by it in the future. gotiating table. I urge the governments possible, but also to the people of Hous- Mr. Speaker, I call upon the adminis- of Pakistan and India to dialogue with ton and Harris County who voted to tration to join with us and my col- each other, find a solution to this long, build the new stadium right next to the leagues on this fair, middle ground to drawn out conflict. eighth wonder of the world, the Astro- pay off our national debt and to pro- And why not allow the Kashmiris to dome. tect the future of our Nation and of our hold a referendum for self-determina- As any Texan can tell us, football is children. tion? India is the world’s largest de- more than just a sport or game, it is a f mocracy. What is wrong with letting religion in Texas. Texans are crazy CHILDHOOD CANCER MONTH people in Kashmir vote on their future? about football, and Houstonians are In the meantime, forces should pull now crazy about the Houston Texans. (Mrs. MORELLA asked and was given back from the line of conflict and relief Professional football has a long his- permission to address the House for 1 should be provided to the suffering ref- tory in my hometown. In the early minute and to revise and extend her re- ugees of Kashmir. days of the AFL, the Houston Oilers marks.) f were a powerhouse, winning the cham- Mrs. MORELLA. Mr. Speaker, Sep- pionships in 1961 and 1962; and when ‘‘IN GOD IS OUR TRUST’’ tember is Childhood Cancer Month. they merged the AFL and NFL, Hous- Unfortunately, today cancer is the (Mr. SCHAFFER asked and was given ton was competitive each year. number one disease killer of children. permission to address the House for 1 Such great players as Dan Pastorini, This devastation knows no boundaries. minute and to revise and extend his re- Earl Campbell, and Billy ‘‘White It cuts across all social, economic and marks.) Shoes’’ Johnson led our team to the ethnic groups. Mr. SCHAFFER. Madam Speaker, on brink of the Super Bowl. This year alone, an estimated 12,400 this day, 186 years ago in 1814, Francis Houstonians continue to stand by children will be diagnosed with cancer Scott Key penned the Star-Spangled their team in good times and in bad, and 2,300 will die from the disease. Banner. Key was both a prominent at- and now we are ready for the profes- Despite the advances in early detec- torney and a man of strong Christian sional Houston Texans. tion and treatment, only two-thirds of faith and convictions. In fact, he was Madam Speaker, I look forward to children diagnosed with cancer survive. one of the early leaders of the Amer- the on-field debut of the Houston Tex- And data shows that the incidence of ican Sunday School movement. And ans in 2002. I am eager to resume our cancer among children has increased 20 while a U.S. Attorney under President annual Governor’s Cup with a victory percent over the past 20 years. Andrew Jackson, Key carried on sig- over the Dallas Cowboys. So this must stop. nificant discourses about faith with f Even though the majority of chil- leading Members of the United States dren’s leukemia are now curable, mor- Congress. CHILDHOOD CANCER MONTH tality is still substantial among chil- It is no surprise, then, that the (Ms. ROS-LEHTINEN asked and was dren with solid tumors. fourth version of Key’s Star-Spangled given permission to address the House

VerDate 11-MAY-2000 01:38 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.008 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7583 for 1 minute and to revise and extend will never forget the great contribution So my amendment addressed the no- her remarks.) he made to our office and what a great tion that the mayor should be allowed Ms. ROS-LEHTINEN. Madam Speak- and dedicated American he was to want to pocket veto and we should respect er, when we think of a day in the life of to serve his country. his word that a pocket veto would take a child, we may immediately think of Our thoughts and our prayers go out place. That pocket veto has taken toys, playgrounds, and laughter. Rare- to his family, and we will all be pray- place. ly, if ever, do chemotherapy, hos- ing for them in their time of grief. The chairman knows that he had pitalization, and blood transfusions f written language that was otherwise come to mind. acceptable to me. It is perhaps not the Yet, the harsh reality is that they b 1115 exact language I would have written with respect to contraception, but I will become just a routine part of the GENERAL LEAVE day for the well over 12,000 children had discussions with him concerning who will become victims of cancer this Mr. ISTOOK. Madam Speaker, I ask his language. I understand his concern year. unanimous consent that all Members on his side of the aisle. I have asked Cancer is the number one killer of may have 5 legislative days within my own Members on this side of the children, and its incidence has been ris- which to revise and extend their re- aisle to consider that what we are try- ing every year for the past 20 years. marks, and that I may include tabular ing to do is to get some kind of under- Alexander Zimmerman, the 4-year- and extraneous material during further standing that we can all live with to old son of my district director, is cur- consideration of H.R. 4942. get this bill passed. I am not prepared rently fighting a rare form of a brain The SPEAKER pro tempore (Mrs. to ask for anything further now that tumor. BIGGERT). Is there objection to the re- the bill has been vetoed, except that I And we cannot forget Caroline, the quest of the gentleman from Okla- would like to ask the chairman if that daughter of our colleague the gentle- homa? is satisfactory to him and, if so, if he woman from Ohio (Ms. PRYCE), who re- There was no objection. would accept my amendment. cently passed away from her battle f Mr. ISTOOK. Mr. Chairman, I yield with neuroblastoma. myself such time as I may consume. Pediatric oncology remains underrec- DISTRICT OF COLUMBIA Mr. Chairman, as the gentlewoman ognized and underserved, which is why APPROPRIATIONS ACT, 2001 from the District of Columbia (Ms. Congress should fund what could be the The SPEAKER pro tempore (Mrs. NORTON) correctly states, we were in a largest children’s oncology facility in BIGGERT). Pursuant to House Resolu- situation where her amendment was the Nation, the University of Miami’s tion 563 and rule XVIII, the Chair de- simply trying to strike language from Batchelor Children’s Center. clares the House in the Committee of the bill which would disapprove pend- We believe that if Congress does its the Whole House on the State of the ing legislation in the District of Co- part, things like playgrounds, toys, and Union for the further consideration of lumbia. That legislation, since we were laughter will once again become the the bill, H.R. 4942. here last on this bill, has been pocket daily routine. vetoed by the mayor of the District of We should also fund graduate medical b 1116 Columbia. Therefore, there is no need education for pediatric hospitals, such IN THE COMMITTEE OF THE WHOLE to have the language in the bill where- as Miami Children’s Hospital, which Accordingly, the House resolved by Congress disapproves that local leg- trains our Nation’s leading pediatric itself into the Committee of the Whole islation because, indeed, it has already oncologists. House on the State of the Union for the been disapproved by the action of the This September, as we commemorate further consideration of the bill (H.R. mayor. Therefore, there is no need for Childhood Cancer Month, I urge my 4942) making appropriations for the the language in the bill and certainly I colleagues to fund efforts toward pedi- government of the District of Columbia am ready to accept, and I believe our atric cancer research because every and other activities chargeable in side is ready to accept, the amendment child’s life is precious. whole or in part against revenues of from the gentlewoman. For clarification, for anyone, lest f said District for the fiscal year ending there be any confusion, the amendment September 30, 2001, and for other pur- TRAGIC PASSING OF ENSIGN that is under consideration right now poses, with Mr. BARRETT of Nebraska KRISTOPHER KROHNE offered by the gentlewoman from the (Chairman pro tempore) in the chair. (Mr. BILBRAY asked and was given District of Columbia (Ms. NORTON) sim- The Clerk read the title of the bill. permission to address the House for 1 ply says that Congress is not taking minute.) The CHAIRMAN pro tempore. When action to disapprove this legislation by Mr. BILBRAY. Madam Speaker, I the Committee of the Whole rose on the District. However, there remains come to the well of the House floor to Wednesday, July 26, 2000, pending was intact, it is not affected by the amend- talk about a very sad case, the tragic amendment number 23 printed in the ment, the congressional instructions to death of a former intern of mine, Kris CONGRESSIONAL RECORD by the gentle- the District that any legislation re- Krohne. woman from the District of Columbia garding mandatory coverage of contra- Kris was an honorable and ambitious (Ms. NORTON). ceptives and insurance must include a young man who died pursuing his The gentlewoman from the District conscience clause. The amendment of dream of serving this country as a of Columbia (Ms. NORTON) has 9 min- the gentlewoman from the District of Naval aviator. Last Wednesday, Navy utes remaining in debate and the gen- Columbia (Ms. NORTON) does not touch Ensign Kris Krohne was performing his tleman from Oklahoma (Mr. ISTOOK) that language in the bill. That lan- second solo flight at Vance Air Force has 111⁄2 minutes remaining in debate. guage remains. Base when his plane crashed. Kris was The gentlewoman from the District I think that is what she is referring only 24 years old. of Columbia (Ms. NORTON) is recog- to as far as the good faith concerns of As a parent who has lost a son, my nized. a great many Members. Since the item heart goes out to his parents, both re- Ms. NORTON. Mr. Chairman, I yield in the bill is moot, there is no need for tired Naval officers, Theodore and Kay, myself such time as I may consume. the language in subsection (a) and I and his brother Karl. I extend my sym- Mr. Chairman, Members will recall certainly agree to accept the amend- pathies from those of us in the entire that the matter involving contracep- ment of the gentlewoman from the Dis- San Diego community to them. tion turned on when a veto would take trict of Columbia (Ms. NORTON), and if I remember Kris as a bright and per- place. The mayor had promised a veto. the gentlewoman from the District of sonable student who worked hard while He believed that a pocket veto was the Columbia (Ms. NORTON) is agreeable, I interning in my office in D.C. in the appropriate way to proceed because, as would like to ask that we both yield spring of 1998. I was saddened to hear of this body well knows, if a veto is back the remainder of our time so we his sudden death. straight out that is a declaration of may be done with this item. Kris’ spirit will live on in the hearts war. There may be a compromise there- Ms. WOOLSEY. Mr. Chairman, I rise in and minds of everyone he touched. We after, but it is a little more difficult. strong support of the Norton amendment.

VerDate 11-MAY-2000 01:38 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.010 pfrm04 PsN: H14PT1 H7584 CONGRESSIONAL RECORD — HOUSE September 14, 2000 I am appalled that this House is trying to (3) a payment for counsel authorized under Mr. BILBRAY. Mr. Chairman, I yield stop the D.C. City Council from implementing section 21–2060, DC Code (relating to rep- myself such time as I may consume. a measure they've already approved! resentation provided under the District of (Mr. BILBRAY asked and was given This is a true sign that some of my col- Columbia Guardianship, Protective Pro- permission to revise and extend his re- ceedings, and Durable Power of Attorney Act leagues want to trample the rights of the city of 1986). marks.) council and people of this district. (c) STANDARDS FOR SUBMISSION OF COM- Mr. BILBRAY. Mr. Chairman, I am I know that the people of our districts PLETED VOUCHERS.—The chief judges of the sorry that we have to be discussing this wouldn't stand for this! Superior Court of the District of Columbia item again this year. It is an item that The language in this bill that prohibits health and the District of Columbia Court of Ap- I had brought before this body two pre- care coverage for contraceptives discriminates peals shall establish standards and criteria vious years. Last year, I agreed, after a against the women of D.C.Ðjust because they for determining whether vouchers submitted request by the legislative body of the live here. for claims for payments described in sub- City of Washington, D.C., and the We must stand up for the rights of all section (b) are complete, and shall publish and make such standards and criteria avail- mayor, that they be allowed to address women to have access to contraceptive cov- able to attorneys who practice before such this issue. I withdrew it last year, as a erage, by voting to allow access to contracep- Courts. courtesy to the local city council and tives here in the District of Columbia. (d) RULE OF CONSTRUCTION.—Nothing in the mayor, on the possibility that they Contraceptive care gives our mothers and this section shall be construed to require the could address a gap in the law that families the ability to make important choices assessment of interest against any claim (or governs our Federal District. that affect their lives. And, we know that un- portion of any claim) which is denied by the Sadly to say, Mr. Chairman, the ac- wanted pregnancy and abortion rates drop Court involved. tion after 12 months has not been when women have access to preventive repro- (e) EFFECTIVE DATE.—This section shall apply with respect to claims received by the forthcoming as indicated at that time. ductive health care. Superior Court of the District of Columbia or All my bill does, Mr. Chairman, is Let's let women make decisions about their the District of Columbia Court of Appeals point out the fact that when we talk reproductive health with their doctors. after the expiration of the 90-day period about tobacco possession use and abuse I urge my colleagues to support the Norton which begins on the date of the enactment of by minors, we need to do everything amendment to make contraceptive coverage this Act. that we can to avoid the problem be- accessible to the women of D.C. This Act may be cited as the ‘‘District of fore it starts. Ms. NORTON. Mr. Chairman, I yield Columbia Appropriations Act, 2001.’’ Now I think that we all agree that back the balance of my time. AMENDMENT NO. 3 OFFERED BY MR. BILBRAY the most critical thing we can do in Mr. ISTOOK. Mr. Chairman, I ask Mr. BILBRAY. Mr. Chairman, I offer the United States to avoid the hideous that the amendment be accepted, and I an amendment. deaths related to tobacco consumption yield back the balance of my time. The CHAIRMAN pro tempore. The is to keep our young people from get- The CHAIRMAN pro tempore. The Clerk will designate the amendment. ting involved at an early age. The question is on the amendment offered The text of the amendment is as fol- strategies in many States across the by the gentlewoman from the District lows: country, including my own State of of Columbia (Ms. NORTON). Amendment No. 3 offered by Mr. BILBRAY: California, has been to address the pur- The amendment was agreed to. At the end of the bill, insert after the last chase and use issue, among minors and The CHAIRMAN pro tempore. With- section (preceding the short title) the fol- lowing new section: adults. The use in public is very out objection, the remainder of the bill strongly restricted in California, but is considered as read, printed in the BANNING POSSESSION OF TOBACCO PRODUCTS BY MINORS then California and many States have RECORD, and open to amendment at realized that there was a gaping hole in SEC. ll. (a) IN GENERAL.—It shall be un- any point. the tobacco approach. The anti-tobacco There was no objection. lawful for any individual under 18 years of approach had a gaping hole that sent The text of the remainder of the bill age to possess any cigarette or other tobacco the wrong message to our young peo- is as follows: product in the District of Columbia. (b) EXCEPTIONS.— ple, and that wrong message was, well, SEC. 169. (a) Chapter 23 of title 11, District (1) POSSESSION IN COURSE OF EMPLOYMENT.— one cannot legally buy it but once they of Columbia, is hereby repealed. Subsection (a) shall not apply with respect (b) The table of chapters for title 11, Dis- have possession they can smoke it all to an individual making a delivery of ciga- they want; they can possess it all they trict of Columbia, is amended by striking the rettes or tobacco products in pursuance of item relating to chapter 23. employment. want. (c) The amendments made by this section (2) PARTICIPATION IN LAW ENFORCEMENT OP- Mr. Chairman, I would just like to shall take effect on the date on which legis- ERATION.—Subsection (a) shall not apply point out how inconsistent that mes- lation enacted by the Council of the District with respect to an individual possessing sage is to our young people. I am a par- of Columbia to establish the Office of the products in the course of a valid, supervised ent of five children. My children have Chief Medical Examiner in the executive law enforcement operation. spent a lot of time here in the Federal branch of the government of the District of (c) PENALTIES.—Any individual who vio- Columbia takes effect. District and, frankly, I think all of us lates subsection (a) shall be subject to the should be concerned about the message PROMPT PAYMENT OF APPOINTED COUNSEL following penalties: that we send to young people about the SEC. 170. (a) ASSESSMENT OF INTEREST FOR (1) For any violation, the individual may DELAYED PAYMENTS.—If the Superior Court be required to perform community service or possession and use of tobacco. of the District of Columbia or the District of attend a tobacco cessation program. I do not think any reasonable parent Columbia Court of Appeals does not make a (2) Upon the first violation, the individual would want the United States Govern- payment described in subsection (b) prior to shall be subject to a civil penalty not to ex- ment to send a message that underage the expiration of the 45-day period which be- ceed $50. use and possession of tobacco is okay, gins on the date the Court receives a com- (3) Upon the second and each subsequent but we also would not want to send the pleted voucher for a claim for the payment, violation, the individual shall be subject to a same message about alcohol consump- interest shall be assessed against the amount civil penalty not to exceed $100. tion. (4) Upon the third and each subsequent vio- of the payment which would otherwise be Now, I cannot fathom how we have made to take into account the period which lation, the individual may have his or her begins on the day after the expiration of driving privileges in the District of Columbia overlooked this issue for so long. We such 45-day period and which ends on the day suspended for a period of 90 consecutive days. would not do it with alcohol. If young the Court makes the payment. (d) EFFECTIVE DATE.—This section shall people were walking down the street (b) PAYMENTS DESCRIBED.—A payment de- apply during fiscal year 2001 and each suc- with a six pack of beer, we would ex- scribed in this subsection is— ceeding fiscal year. pect the law to address the item. (1) a payment authorized under section 11– The CHAIRMAN pro tempore. Pursu- Sadly, here in Washington, D.C., the 2604 and section 11–2605, DC Code (relating to ant to House Resolution 563, the gen- law does not address children walking representation provided under the District of tleman from California (Mr. BILBRAY) Columbia Criminal Justice Act); down the street with a pack of ciga- (2) a payment for counsel appointed in pro- and a Member opposed each will con- rettes. ceedings in the Family Division of the Supe- trol 5 minutes. This mixed message needs to be cor- rior Court of the District of Columbia under The Chair recognizes the gentleman rected, and I know there are those that chapter 23 of title 16, DC Code; or from California (Mr. BILBRAY). like us, as the Congress, to look the

VerDate 11-MAY-2000 01:38 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.039 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7585 other way, not get involved with this ing privileges in the District suspended for a District of Columbia from ever starting the issue, but I think for all of us, espe- period of 1 year. deadly habit of smoking in the first place. cially somebody like myself who not Sincerely, BRIAN P. BILBRAY, only have children but serve on the CONGRESS OF THE UNITED STATES, Member of Congress. Subcommittee on Health and Environ- HOUSE OF REPRESENTATIVES, Washington, DC, May 23, 2000. ment, to say that Washington will set CONGRESS OF THE UNITED STATES, Hon. ANTHONY WILLIAMS, the example that underage purchase, Mayor, District of Columbia HOUSE OF REPRESENTATIVES, possession, and use of tobacco is not Washington, DC. Washington, DC, April 10, 2000. acceptable and it is not something we Hon. ANTHONY WILLIAMS, DEAR MAYOR WILLIAMS: Thank you for Mayor, District of Columbia, will stand by and ignore for any longer. your correspondence regarding the recent Mr. Chairman, all my bill proposes to Washington, DC. hearing by the City Council of the District of DEAR MAYOR WILLIAMS: I am writing to do is to apply the same regulation Columbia on legislation related to the prohi- make you aware of my intentions to intro- technique here in Washington, D.C., as bition of tobacco product sales to minors. duce an amendment to the Fiscal Year 2001 is applied in Virginia and in Maryland. I appreciate your response to my letter D.C. Appropriations Act that will prohibit We have both States surrounding this dated April 10, 2000 and I am encouraged that individuals under the age of 18 years old Federal District that have said that the City Council is addressing the issue of from possessing and consuming tobacco minors’ possession and use of tobacco tobacco use by minors. As mentioned in my products in the District of Columbia. previous letter, the amendment that I have As you remember, we discussed this issue is not acceptable and should be out- last year during the debate on the FY 2000 lawed. All I am asking is, as Congress, introduced each of the last two years, and which we personally discussed last year, fo- D.C. Appropriation Act (H.R. 2587). At that under our responsibility under the Con- cuses on minor possession and use of to- time I had introduced the same amendment, stitution, as the legislative body that bacco. but withdrew it after receiving direct con- firmation from you that this issue would be would serve very parallel to what the Virginia, Maryland, and over twenty other State legislature in Maryland and Vir- addressed on the local level. However, I have states have enacted youth possession and been informed that local action on this ini- ginia have done and that is to say that consumption laws. It is my belief that we tiative has not, to date. I understand that minor possession is no longer accept- can crack down on the possession of youth legislation was sent to the Judiciary Com- able within our jurisdiction. tobacco by passing a common sense law simi- mittee of the D.C. Council, but was recently All we are saying is that we will no lar to what I have introduced in the past and withdrawn. As a former mayor myself, I ap- longer stand by while Washington, at the same time continue to increase efforts preciate your hard work on this issue and D.C., remains an oasis, a sanctuary, for at the point of sales to hold negligent mer- the inherent challenges of leadership on such chants accountable for their illegal actions underage consumption of tobacco and issues of controversy. However, as we get when they sell tobacco products illegally to deeper into the appropriations process in the that we will support the surrounding minors. second session of the 106th Congress, I be- communities in this strategy of eradi- I would like to see parity between youth lieve the time has come to act. cating as much of minor consumption possession of tobacco and youth possession I think it is important that all levels of as possible, starting by setting the ex- of alcohol. In all cities across the country, government work together to help stop chil- ample that possession and use of to- alcohol consumption and possession by mi- dren from smoking. I also believe we should bacco by minors is not only inappro- nors is prohibited. This is because alcohol is send the right message to our children, and priate it is wrong and it should be ille- an adult product, tobacco needs to receive the first step in this process would be for the District of Columbia to join Virginia, Mary- gal. the same type of recognition and enforce- ment. land, and the twenty other states who have DISTRICT OF COLUMBIA CODE passed youth possession and consumption If we want to be serious about combating §§ 25–130. Purchase, possession or consump- laws. I would appreciate knowing of your in- the use of tobacco by minors we need to ap- tion by persons under 21; misrepresenta- tentions, and to work with you and Members proach this issue on several fronts. As a tion of age; penalties. on both sides of the aisle in 2000 to make former mayor myself, I appreciate your hard sure this important piece of legislation be- (a) No person who is under 21 years of age work on this issue, the progress being made shall purchase, attempt to purchase, possess, comes law. and the inherent challenges of leadership on To give you some background on this or drink any alcoholic beverage in the Dis- such issues of controversy. However, as we issue. I first introduced this amendment dur- trict, except that a person who is under 21 get deeper into the appropriations process in ing the 105th Congress, where it received years of age may temporarily possess an al- this second session of the 106th Congress, I strong bipartisan support and passed through coholic beverage if the temporary possession want to inform you of my intention to re- the House by a 238–138 vote on August 6, 1998; is necessary to perform lawful employment introduce my amendment. however it was not included in the final con- responsibilities. ference report. At the time I initially intro- (b) No person shall falsely represent his or As mentioned previously, my amendment duced this amendment only 21 states in the her age, or possess or present as proof of age is very straightforward. It contains a pen- nation had minor possession laws outlawing an identification document which is in any alty section, which was modeled after the state of Virginia’s penalty section for minors tobacco, and my amendment would have way fraudulent, for the purpose of procuring added the District of Columbia to this grow- an alcoholic beverage in the District. found in violation of tobacco possession. For the first violation, the minor would, at the ing list of states. (b–1) Any person under 21 years of age who My amendment is very straight forward falsely represents his or her age for the pur- discretion of the judge, be subject to a civil penalty not to exceed $50. For the second and easy to understand. It contains a provi- pose of procuring alcoholic any beverage sion to exempt from this prohibition a minor shall be deemed guilty of a misdemeanor and violation, the minor would be subject to a civil penalty not to exceed $100. For a third individual ‘‘making a delivery of cigarettes be fined for each offense not more than $300, or tobacco products in his or her employ- and in default in the payment of the fine or subsequent violation, the minor would have his or her driver’s license suspended for ment’’ while on the job. My amendment also shall be imprisoned not exceeding 30 days. contains a penalty section, which was modi- (b–2) A civil fine may be imposed as an al- a period of 90 consecutive days. The 90 day suspension is consistent with penalties for fied after the state of Virginia’s penalty sec- ternative sanction for any infraction of this tion for minors found in violation of tobacco section, or any rules or regulations issued minor possession of alcohol in the District of Columbia. Any minor found to be in posses- possession. For the first violation, the minor under the authority of this chapter, pursuant would, at the discretion of the judge, be sub- sion of tobacco may also be required to per- to §§ 6–2701 to 6–2723 (‘‘Civil Infractions ject to a civil penalty not to exceed $50. For form community service or attend a tobacco Act’’). Adjudication of any infraction of this the second violation, the minor would be cessation program. Each of these penalties section shall be pursuant to § 6–2723. subject to a civil penalty not to exceed $100. are at the judge’s discretion. it contains a (c) In addition to the penalties provided in For a third or subsequent violation, the provision to exempt from this prohibition a subsections (b–1) and (b–2) of this section, minor would have his or her driver’s license minor individual ‘‘making a delivery of ciga- any person who violates any provision of this suspended for a period of 90 consecutive days. rettes or tobacco products in his or her em- section shall be subject to the following ad- The 90 day suspension is consistent with pen- ployment’’ while on the job. ditional penalties: alties for minor possession of alcohol in the (1) Upon the first violation, shall have his As an original cosponsor of the strongest District of Columbia. Any minor found to be or her driving privileges in the District sus- anti-tobacco bill in the 105th Congress, the in possession of tobacco may also be required pended for a period of 90 consecutive days; Bipartisan NO Tobacco for Kids Act (H.R. to perform community service or attend a (2) Upon the second violation, shall have 3868), the intentions of my amendment is to tobacco cessation program. Each of these his or her driving privileges in the District encourage youth to take responsibility for penalties are at the judge’s discretion. suspended for a period of 180 days; and their actions. Mayor Williams, I look for- I understand that the District of Columbia (3) Upon the third violation and each sub- ward to working with you on this issue and already has tough laws on the books to ad- sequent violation, shall have his or her driv- on legislation that will deter youth in the dress the issue of sales of tobacco to minors.

VerDate 11-MAY-2000 03:23 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.016 pfrm04 PsN: H14PT1 H7586 CONGRESSIONAL RECORD — HOUSE September 14, 2000 My amendment focuses specifically on the partment of Health supports the efforts of is recognized for 5 minutes in opposi- possession of tobacco products by minors in local and community-based initiatives like tion. ‘‘Ad-Up, Word-Up and Speak-Out,’’ which en- order to put minor possession of tobacco Mr. MORAN of Virginia. Mr. Chair- with minor possession of alcohol. All three courages school age children to perform cities in my district have passed anti-posses- their own research on the effects of adver- man, I yield myself such time as I may sion laws, so I am not asking the District to tising directed at children. consume. do anything my own communities have not Finally, the school system recently ele- Mr. Chairman, I want to respond on already done. vated possession of tobacco to a ‘‘level one’’ this amendment. Mr. Chairman, I want infraction—which means violators could As an original cosponsor of the strongest to put into the RECORD the fact that anti-tobacco bill in the 105th Congress, the incur the most severe disciplinary measures, Bipartisan NO Tobacco for Kids Act (H.R. including possible suspension. To assess our the American Lung Association op- 3638), the intentions of my amendment is to progress, the District is tracking youth poses the Bilbray amendment because encourage youth to take responsibility for smoking related data through grants pro- it penalizes kids for the possession of their actions. Mayor Williams, I look for- vided by the Center for Disease Control. tobacco products. I want to assure you that I share your con- ward to your response on this issue and to Mr. Chairman, the American Lung working together on legislation that will cerns about teenage smokers. Sandra Allen, Chairperson of the City Council’s Committee Association opposes this because it is deter youth in the District of Columbia from not an effective technique to reduce ever starting the deadly habit of smoking in on Human Services, and I are working dili- the first place. gently to strengthen enforcement which underage tobacco usage. The reality is Sincerely, should, in combination with the other initia- that the compliance checks that are tives, result in a real reduction in teenage BRIAN P. BILBRAY, currently going on would be made ille- smoking. We believe that the cumulative ef- Member of Congress. gal by this amendment. fect of these initiatives will have marked im- provement on the incidence of teen smoking. The Synar amendment on marketing AMERICAN LUNG ASSOCIATION, Again thank you for bringing this issue to tobacco to children could not be en- New York, NY, July 26, 2000. the forefront of my attention. I agree that DEAR REPRESENTATIVE: The American forced because it would be illegal for discouraging our youth from engaging in Lung Association opposes the Bilbray supervised teens to attempt to pur- this terrible habit of smoking is very impor- amendment to the District of Columbia Ap- chase tobacco. This an attempt to put tant in the fight to curtail tobacco’s tragic propriations bill that penalizes kids for the and inevitable long-term effects. the blame on our children, the pawns of possession of tobacco products. Sincerely, decades of sophisticated marketing by Penalizing children has not been proven to the tobacco industry, instead of manu- be an effective technique to reduce underage ANTHONY A. WILLIAMS, tobacco usage. In fact, penalties may ad- Mayor. facturers and retailers. It shifts the versely affect existing programs that are blame inappropriately. proven to work and are required, such as DISTRICT OF COLUMBIA, May 16, 2000. A study by the Maryland Department compliance checks utilizing young people. Hon. BRIAN P. BILBRAY, of Health and Mental Hygiene discov- The Bilbray amendment would make these House of Representatives, Washington, DC. ered that 480 minors were penalized for checks illegal. The Synar Amendment on possessing tobacco and no merchants marketing tobacco to children could not be DEAR CONGRESSMAN BILBRAY: Thank you enforced because it would be illegal for su- for contacting me regarding legislation to were penalized. pervised teens to attempt to purchase to- prohibit minors from the possession and con- On July 16 and 21 of 1998, the Amer- sumption of tobacco products. bacco. I am committed to working with the City ican Lung Association conducted an Attempts to put the blame on our children, undercover sting operation to deter- the pawns of decades of sophisticated mar- Council of the District of Columbia to pro- tect our children from harmful tobacco prod- mine whether teens could purchase to- keting by the tobacco industry, instead of bacco in the U.S. Capitol complex. Five the manufacturers and retailers, is just an- ucts. As part of my commitment to limiting other smokescreen by big tobacco. The to- tobacco use, my Fiscal Year 2001 Budget di- out of nine attempts were successful, bacco industry favors shifting both the rects the use of Tobacco Settlement Fund and in the House office buildings all at- blame and the attention away from their dollars for tobacco control, prevention ef- tempts were successful in the House of- forts, health promotion and education. marketing efforts onto the shoulders of The Council’s Committee on Consumer and fice buildings. This is clear proof that young persons. Regulatory Affairs will consider legislation existing laws regarding selling to teens For example, a 1995 study by the Maryland to prohibit youth consumption of tobacco are not being enforced. They need to be Department of Health and Mental Hygiene products, Bill 13–60, the ‘‘Enforcement of the discovered that 480 minors were penalized for enforced first. Let us not criminalize Prohibition of Tobacco Product Sales to Mi- possessing tobacco but no merchants were our kids. nors Act.’’ The bill prohibits the sale of to- fined for selling tobacco to minors. On July Mr. Chairman, I yield the balance of bacco to minors, increases fines for the sale 16 and 21, 1998, the American Lung Associa- of tobacco to minors, and prohibits self-serv- my time to the gentlewoman from the tion conducted an undercover ‘‘sting’’ oper- ice displays, certain advertisements and District of Columbia (Ms. NORTON). ation to determine whether teens could pur- vending machine sales of tobacco products. chase tobacco in the U.S. Capitol complex. (Ms. NORTON asked and was given Under the legislation, the Department of Five out of nine attempts were successful, permission to revise and extend her re- Health would also be authorized to conduct and in the House office buildings, all at- marks.) random inspections of retail establishments tempts were successful. Here is clear proof that sell tobacco products. On Wednesday, Ms. NORTON. Mr. Chairman, I thank that existing laws regarding selling to teens May 10, 2000, the Committee on Consumer the gentleman from Virginia (Mr. are not being enforced. Existing laws and and Regulatory Affairs held a public hearing MORAN) for yielding me this time. regulations need to be enforced. The tobacco industry favors criminalizing on this bill. Given your concern on this Mr. Chairman, I would like to put the our kids. This alone should be adequate rea- issue, I have asked the Chair, Councilwoman American Lung Association letter in Sharon Ambrose to allow your amendment son to reject the Bilbray amendment to the the RECORD and the Tobacco Free Kids D.C. appropriations bill. to be debated during the hearing. Clearly, restricting access of tobacco sales letter in the RECORD opposing the Sincerely, and penalizing any business that targets or Bilbray amendment. JOHN R. GARRISON, sells to youth is a priority of our local lead- Chief Executive Officer. I am outraged at the amendment of ers. Therefore, I respectfully request that the gentleman from California (Mr. you withhold introducing your proposed leg- DISTRICT OF COLUMBIA, May 21, 1999. islation so that we can move forward our BILBRAY). He brings forward this Hon. BRIAN BILBRAY, local proposal. As a former City Mayor, I am amendment when the city council is in House of Representatives, certain that you understand the importance the midst of considering the Bilbray Washington, DC. of local government in these public policy amendment. This amendment went DEAR CONGRESSMAN BILBRAY: Thank you issues. through the House in 1999, the first for your letter sharing your concern about Thank you for your concern for the health teenage smoking in the District and your year of Mayor Williams’ term, despite and safety of children in the District of Co- a personal plea from Mayor Williams congratulations on my November election to lumbia. the Office of Mayor. Sincerely, that he would like to try another ap- In response to your inquiry, the District of ANTHONY A. WILLIAMS, proach in the District. Columbia is addressing the issue of teen Mayor. That provision, the Bilbray provi- smoking through a variety of methods. DC Public Schools has two programs—The Great Mr. Chairman, I reserve the balance sion, was one reason why the bill was American Smoke-out and ‘‘2 Smart 2 of my time. vetoed in 1999. The provision was re- Smoke’’—to raise children’s awareness of the The CHAIRMAN pro tempore. The moved and sent back here and here dangers of smoking. Additionally, the De- gentleman from Virginia (Mr. MORAN) comes the Bilbray amendment again.

VerDate 11-MAY-2000 03:25 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.012 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7587 Mayor Williams knows his city. The We do not impose smoking codes on the District of Columbia penalizes retailers gentleman from California (Mr. cities. We allow cities to decide what is for selling to kids, this law is not being en- BILBRAY) does not know Mayor Wil- best for themselves. forced adequately. According to Department of Health and Human Services, compliance liams’ city. AMERICAN LUNG ASSOCIATION, checks showed that 46.8 percent of retailers The mayor again wrote the gen- Washington, DC, July 25, 2000. DEAR REPRESENTATIVE: The American in D.C. sell tobacco products to minors. tleman from California (Mr. BILBRAY) Additionally, this amendment does not ad- in May, after another threat by the Lung Association opposes the Bilbray amendment to the District of Columbia Ap- dress the fact that the tobacco industry gentleman from California (Mr. propriations bill that penalizes kids for the spends more than $6.8 billion a year mar- BILBRAY) to intrude in local affairs was possession of tobacco products. keting its products. Kids in D.C. continually received. Mayor Williams had already Penalizing children has not been proven to see tobacco ads on storefronts and in maga- partially responded to the gentleman be an effective technique to reduce underage zines. The tobacco industry’s marketing tac- tics work: 85 percent of kids who smoke use from California (Mr. BILBRAY). His tobacco usage. In fact, penalties may ad- the three most heavily advertised brands budget that we are considering now versely effect existing programs that are proven to work and are required, such as (Marlboro, Camel and Newport). In addition, funds a smoking prevention program the success of the tobacco industry targeted for minors. compliance checks utilizing young people. The Bilbray amendment would make these marketing efforts is evidenced by the fact b 1130 checks illegal. The Synar Amendment on that 75 percent of young African Americans marketing tobacco to children could not be smoke Newport, a brand heavily marketed to This in addition to the bill that is in enforced because it would be illegal for su- this group. the council, the mayor wrote to the pervised teens to attempt to purchase to- Any discussion of holding children respon- gentleman from California (Mr. bacco. sible for their addiction to tobacco should BILBRAY). And I am quoting, ‘‘I re- Attempts to put the blame on our children, only come after or as part of a comprehen- spectfully request that you withhold the pawns of decades of sophisticated mar- sive approach, which insures that adults are being held responsible for marketing and introducing your proposed legislation.’’ keting by the tobacco industry, instead of the manufactures and retailers, is just an- selling to children. Therefore, we ask that I thank the gentleman for his respect you oppose this amendment. Thank you. of our mayor. other smokescreen by big tobacco. The to- bacco industry favors shifting both the Sincerely, He continued, ‘‘so that we can move blame and the attention away from their MATTHEW L. MYERS, forward to consider your proposal marketing efforts onto the shoulders of President. along with our own local proposal.’’ young persons. Mr. BILBRAY. Mr. Chairman, I yield And he said, ‘‘as a former city mayor, For example, a 1995 study by the Maryland myself such time as I may consume. I am certain that you understand the Department of Health and Mental Hygiene Mr. Chairman, the Lung Associa- importance of local government in discovered that 480 minors were penalized for tion’s concern about the sting oper- these public policy issues.’’ possessing tobacco but no merchants were ations, have been clarified by the legis- The gentleman apparently under- fined for selling tobacco to minors. On July 16 and 21, 1998, the American Lung Associa- lative council. My bill does not ob- stands how important local knowledge tion conducted an undercover ‘‘sting’’ oper- struct sting operations or conflict with and local prerogatives are as applied to ation to determine whether teens could pur- provisions in the Synar amendment. his city of Imperial Beach, California, chase tobacco in the U.S. Capitol complex. These objections are misplaced. All I and he understands it in all the gen- Five out of nine attempts were successful, have to say to the gentlewoman from tleman speeches about devolution, but and in the House office buildings, all at- Washington, D.C. (Ms. NORTON), the like an authoritarian rule, the gen- tempts were successful. Here is clear proof City of Alexandria, the City of Balti- tleman is trying to impose legislation that existing laws regarding selling to teens more had their legislature require on a city that is already going strong are not being enforced. Existing laws and regulations need to be enforced. them to treat tobacco possession and on a tough issue and in the midst of The tobacco industry favors criminalizing use by minors as a law. They were not considering the gentleman’s approach our kids. This alone should be adequate rea- violated by that. among others. son to reject the Bilbray amendment to the Cities have certain responsibilities, In the District, elevation of posses- D.C. appropriations bill. as a mayor I know that, but so do legis- sion of tobacco to a level 1 infraction Sincerely, latures. We serve as that legislature, in the D.C. public schools has to be JOHN R. GARRISON, like it or not. It is a constitutional ob- very carefully considered. Shall we do Chief Executive Officer. ligation and for those of us who have that or not when the measure imposes spent a lot of time fighting the tobacco suspension on a city with one of the JULY 25, 2000. Hon. HENRY A. WAXMAN, industry and fighting consumption for highest dropout rates in the country, is House of Representatives, tobacco, for us to walk away from this that the best thing for my city? I do Washington, DC. opportunity for another year, it shows not think so. DEAR REPRESENTATIVE WAXMAN: The Cam- the hypocrisy of an institution that I do not even think I know, but I do paign for Tobacco-Free Kids opposes the cannot do its fair share of fighting un- think that the mayor of this city amendment that may be offered tomorrow derage consumption. knows. He asked the gentleman not to by Representative Bilbray to the District of Mr. WAXMAN. Mr. Chairman, I rise in oppo- Columbia appropriations bill. This amend- introduce it, and I am asking this Con- sition to the Bilbray amendment. gress not to move forward with it. The ment would penalize youth for possession of tobacco products without creating a For decades the tobacco companies have mayor and the council have done the thoughtful, comprehensive plan to reduce to- acted more recklessly and caused more harm gentleman from California (Mr. bacco use among children and without first than any other industry in America. They lied BILBRAY) a courtesy. ensuring that adults who illegally sell to- to the American public. They manipulated nic- The gentleman has refused to do bacco to kids are held responsible. otine in order to addict. And they deliberately them that today. They are considering There is no silver bullet to reducing to- targeted our children. the gentleman’s approach. Hearings bacco use among kids, but this amendment, Yet this Congress has failed to act. have been held. I am sorry we do not in the absence of other effective policies, will Earlier this year, when the Supreme Court move at the pace the gentleman would do little to end tobacco’s grip on the children of D.C. There is little evidence to indicate ruled that the Congress has not given the like. There are other matters that have that in the absence of a concerted, com- Food and Drug Administration explicit authority to be considered, like our own appro- prehensive program, penalizing kids will to regulate tobacco, the Court recognized that priations that are here, like the fact work to reduce tobacco use rates. A com- tobacco use ``poses perhaps the single most that our city is just out of insolvency. prehensive, effective program should include significant threat to public health in the United But we have said that we will con- not only vigorous enforcement of laws States.'' The Court decision placed responsi- sider the gentleman’s approach. We are against selling tobacco to kids, but also pub- bility to deal with this crisis squarely in Con- considering the gentleman’s approach. lic education efforts, community and school- gress' lap. This debate is not about inaction. Our based programs, and help for smokers who But since that decision in March, this Con- want to quit. city has moved to put before the entire The narrow focus of this amendment will gress has done nothing. The Republican lead- city council Mr. BILBRAY’s approach. further divert resources away from effective ership has not held a single hearing on the He wants his action. This is a free enforcement of the current laws that pro- problem nor brought any tobacco reform legis- country I say to the gentleman. hibit retailers from selling to kids. Although lation to the floor.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.057 pfrm04 PsN: H14PT1 H7588 CONGRESSIONAL RECORD — HOUSE September 14, 2000 In fact, the only tobacco legislation we con- tion of any illegal drug in any area of the staff found a piece of a needle, across sidered was a rider to block the tobacco law- District of Columbia which is within 1000 the street from Eastern Senior High suit and deny veterans their day in court. feet of a public or private day care center, el- School, just a few feet away from This Congress should pass meaningful to- ementary school, vocational school, sec- where three little girls were jumping ondary school, college, junior college, or uni- bacco legislation. We should grant the FDA versity, or any public housing project, public rope. I worry that contaminated nee- explicit authority to regulate tobacco. We swimming pool, park, playground, video ar- dles, discarded needles from the needle should pass performance standards to give cade, or youth center, or an event sponsored exchange site may infect children just the industry meaningful economic incentives to by any such entity. like these three girls. It is an unneces- reduce the number of children that smoke. We (b) Whoever violates subsection (a) shall be sary risk for children. should pass a national policy on environ- fined not more than $500 for each needle or This amendment is designed to pro- mental tobacco smoke and put in place a na- syringe distributed in violation of such sub- tect these girls and all children in the section. tionwide public education campaign. Together (c) Notwithstanding any other provision of District of Columbia. This is a clear these measures will succeed in reducing the law, any amount collected by the District of choice, Mr. Chairman. My colleagues number of children who smoke and will save Columbia pursuant to subsection (b) shall be can either choose to protect the chil- million of lives for generations to come. deposited in a separate account of the Gen- dren or protect the drug addicts. I hope The amendment before us today may not eral Fund of the District of Columbia and the House will choose to protect the do any harmÐbut there is little evidence it will used exclusively to carry out (either directly children. do any significant good. Public health organi- or by contract) drug prevention or treatment Mr. Chairman, I reserve the balance zations oppose it. The Campaign for Tobacco- programs. For purposes of this subsection, of my time. no program of distributing sterile needles or Mr. MORAN of Virginia. Mr. Chair- Free Kids says that this amendment will ``do syringes for the hypodermic injection of any little to end tobacco's grip on the children of illegal drug may be considered a drug pre- man, I rise to claim the time in opposi- D.C.'' The American Lung Association states vention or treatment program. tion. that penalizing children ``may adversely effect The CHAIRMAN pro tempore. Pursu- The CHAIRMAN pro tempore. The existing programs that are proven to work.'' ant to House Resolution 563, the gen- gentleman from Virginia (Mr. MORAN) is recognized for 5 minutes in opposi- This Congress has abandoned any mean- tleman from Kansas (Mr. TIAHRT) and a ingful national effort to regulate tobacco and to Member opposed each will control 5 tion. reduce tobacco use among our children. In- minutes. Mr. MORAN of Virginia. Mr. Chair- stead, it is now proposing to legislate ques- The Chair recognizes the gentleman man, I yield myself such time as I may tionable policy for just one city. from Kansas (Mr. TIAHRT). consume. The Mayor and the City Council of D.C. Mr. TIAHRT. Mr. Chairman, I yield Mr. Chairman, we are adamantly op- should be given the opportunity to decide what myself such time as I may consume. posed to this. On the face of it, it looks comprehensive tobacco control policies work The amendment that I am offering like it might be reasonable, but it is a best for the children of this city. Just this past gives us a clear choice between pro- thousand feet away from every place, May, the City Council held a public hearing on tecting the children of the District of every activity where children may be the Bilbray amendment and other measures to Columbia or protecting the drug ad- involved, parks, recreation, schools, prohibit youth consumption of tobacco prod- dicts. The District of Columbia City video arcades. This is a small city. If ucts. They expect to take up the issue when Council has designated drug free school we take a 1,000 feet around the perim- they meet again this fall. We should allow zones in hopes of protecting the chil- eter of all of these activities, the only D.C. to continue with its process and decide dren from drug pushers. Hopefully, it place left to conduct this program that what tobacco control policies work best for the will keep kids from being pressured to has been so effective, has been the cityÐjust like thousands of other city councils take illegal drugs that would cheat most effective way of combatting a in the rest of the country. them from a bright future. scourge that is worse than in any other In considering this amendment, don't delude What this amendment does is take city in the country, particularly affect- yourself and believe that this approach will re- the very same language the District of ing women and children, and that is duce tobacco use among our children. The re- Columbia City Council has used to pro- HIV infection. This is the program that ality is that we need to pass comprehensive tect the children and to extend it to works, but we cannot conduct this pro- tobacco control legislation. We bear the re- the needle exchange program. We gram under the Tiahrt amendment, ex- sponsibility to protect our children and to hold would then have needle-free school cept in the Potomac River, on the the tobacco companies accountable for their zones around the areas where children White House lawn, at Bolling Air Force actions. attend school and play. Base or at the Old Soldier’s Home, Mr. BILBRAY. Mr. Chairman, I yield Mr. Chairman, now, this is not new there may be a couple other places, but back the balance of my time. language or a new concept. It simply there are very few, probably the Wash- The CHAIRMAN pro tempore (Mr. clarifies that the exchange of needles ington Mall, but there are very, very BARRETT of Nebraska). The question is to drug addicts should be kept out of few places under this amendment that on the amendment offered by the gen- the reach of our children, the same as could ever conduct a program. tleman from California (Mr. BILBRAY). we have tried to keep drugs out of their Effectively what it does is to say, The question was taken; and the reach. you cannot conduct this program. It is Chairman pro tempore announced that Currently, Prevention Works, a drug an allegedly clever way to kill a pro- the ayes appeared to have it. needle exchange program here in Wash- gram that works. We are adamantly Mr. BILBRAY. Mr. Chairman, I de- ington runs 10 needle exchange sites. Of opposed to it. If this stays in, I will tell mand a recorded vote. those sites, six needle exchange sites my colleagues this bill will be vetoed, The CHAIRMAN pro tempore. Pursu- are located within 1,000 feet of at least because we have a program that works ant to the rule, further proceedings on one public school. These sites pose a for people who desperately need it to the amendment offered by the gen- very real threat to our children. work. tleman from California (Mr. BILBRAY) I have a map, Mr. Chairman, that Mr. Chairman, I yield 2 minutes to will be postponed. was given to me by the police depart- the gentlewoman from the District of AMENDMENT NO. 4 OFFERED BY MR. TIAHRT ment here in the District of Columbia, Columbia (Ms. NORTON). Mr. TIAHRT. Mr. Chairman, I offer showing the locations of where the Ms. NORTON. Mr. Chairman, here is an amendment. drug free school zone applies. Those more veto bait. This is an attempt by The CHAIRMAN pro tempore. The areas are designated in gray, green and the gentleman from Kansas (Mr. Clerk will designate the amendment. pink. The pins that are pointed out TIAHRT) to do what he could not do last The text of the amendment is as fol- here show the 10 needle exchange sites year and to do what he was not even lows: with the four that would currently not able to do in the Committee on Appro- Amendment No. 4 offered by Mr. TIAHRT: be affected by this amendment, and the priations, and that is to kill the pro- At the end of the bill, insert after the last section (preceding the short title) the fol- six that would be affected by this gram. It is a poison bill. It is designed lowing new section: amendment. to kill a program that is saving the SEC. ll. (a) No person may distribute any At the corner of 15th and A Street, lives of children, innocent children in needle or syringe for the hypodermic injec- Northeast location, a member of my the District of Columbia.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.038 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7589 Children do find needles, but the gen- because it would interfere with the Dis- exchange programs do when they invite tleman has no evidence that those nee- trict’s ability to save lives, put very drug pushers and addicts into places dles come from the needle exchange simply, by operating needle exchange where children should be safe. program. They come from addicts programs which have been proven to I also worry the needle exchange pro- where there are not, in fact, programs. reduce new HIV infections in this coun- gram will send the wrong message The gentleman is not expert on how try, especially among children. about drug use to our children. We try needles infect school children in the Three quarters of new HIV infection to send children an unequivocal mes- District, but the D.C. Police Chief in children are a result of injection sage that drugs are wrong and that Charles Ramsey does, and I am now drug use by a parent. Why would we they can kill you. I worry that if these quoting him from a letter he wrote the pass up an opportunity to save a child’s drug addicts receive needles, rather House, ‘‘the current needle exchange life by shutting down programs that than condemnation, they will not un- program is well managed and has an work? HIV/AIDS remains the leading derstand that drugs are wrong. exemplary return rate. I have no re- cause of death among African Ameri- As our drug czar, Barry McCaffrey, ports that indicate that the program cans ages 25 to 44 in the District. stated: ‘‘Above all, we have a responsi- has been abused in any way or created In spite of these statistics, this bility to protect our children from ever serious public policy problems in the amendment attempts to shut down the falling victim to the false allure of District.’’ very program that the local commu- drugs. We do this, first and foremost, I ask Members to listen to our police nity has established to reduce new HIV by making sure that we send one clear, chief and not the gentleman from Kan- infections. This Congress should be straightforward message about drugs: sas about what should happen in this supporting decisions that local commu- they are wrong, and they can kill you.’’ city. This is a disease that has become nities make about their healthcare, not This amendment is about the safety a black and brown disease. It is killing limiting their control. of our children. It is not about the ef- African Americans. It is killing mi- Mr. Chairman, I would just like to fectiveness of a needle exchange pro- norities. It has moved from gays to mention a number of organizations, the gram. It is a very simple choice. Those people of color. American Medical Association, the who oppose my amendment will argue People of color see this directed American Public Health Association that the Tiahrt amendment, if adopted, against them. They know what saves have concluded that needle exchange would shut down a needle exchange lives, and those who vote for this programs are effective. program in the District of Columbia. amendment are voting to kill men, The Surgeon General’s Report has This is not true. There still are plenty women, and children in my district. I said that it found conclusively that of sites in the District of Columbia to am asking Members to oppose this needle exchange programs reduce HIV conduct a needle exchange program. amendment and go back to what we transmission and do not increase drug Mr. Chairman, I ask the House to have reluctantly accepted, and that is use. Support local control and oppose pass this amendment and protect the an amendment that is before this the Tiahrt amendment. children of the District of Columbia, House that would leave us with no Mr. TIAHRT. Mr. Chairman, I yield and I hope we will give them a higher local funds, no Federal funds, and only myself the balance of the time. priority than we do those who inject il- a very modest and hardly standing pri- Mr. Chairman, this is a clear choice. legal drugs into their veins. It is a very vate program that must fish for money This is not about the needle exchange simple choice. It is not about the nee- wherever it can. program. This is about protecting chil- dle exchange program; it is about chil- Mr. MORAN of Virginia. Mr. Chair- dren. One of the comments that was dren. You can choose between pro- man, I ask unanimous consent that made by the gentleman from Virginia tecting the children, or protecting the both sides be granted an additional (Mr. MORAN) was that this will keep drug addicts. minute. the needle exchange program 1,000 feet (Mrs. MORELLA asked and was given The CHAIRMAN pro tempore. Is away from the children from where permission to revise and extend her re- there objection to the request of the they are playing; that is exactly the marks.) gentleman from Virginia? point. We want to protect the children. Mrs. MORELLA. Mr. Chairman, I rise There was no objection. The gentlewoman from the District to speak against the Tiahrt amend- Mr. MORAN of Virginia. Mr. Chair- of Columbia (Ms. NORTON) said there is ment because I think it is not sound man, I yield 1 minute to the gentleman no evidence that these needles come public health policy. from Massachusetts (Mr. DELAHUNT). from the needle exchange program. Yet Mr. DELAHUNT. Mr. Chairman, Calvin Fay, the director of the Inter- Mr. Chairman, I rise in strong opposition to there are plenty of needles within 1000 national Scientific and Medical Forum the Tiahrt amendment which would prevent feet of schools, housing projects and on Drug Abuse says, and I quote, ‘‘first, the exchange of needles within 1000 feet of playgrounds. Unfortunately, they are most needle exchange programs are not schools, day care centers, playgrounds, public dirty needles and their use is spreading exchanges at all, but are needle give- housing and other areas which are gathering AIDS and promoting drug abuse, but aways, since participants rarely ex- places for children. This amendment, is noth- this amendment will do nothing, noth- change a dirty needle for a clean one, ing more than a backdoor approach to prohibit ing to change that tragic reality. We which means that the dirty needles re- the District of Columbia from using even its are really kidding ourselves if we be- main on the streets.’’ own funds for needle exchange programs. The Tiahrt amendment severely limits the physical lieve we can stop drug abuse by ban- b ning one of the few public health meas- 1145 space in which a needle exchange could oper- ures that actually makes a difference The only way we can protect the ate and is written so broadly that virtually no in the real world. children is to keep these needle ex- area in the District of Columbia would be eligi- When I was prosecuting and putting change programs away from the kids. ble to have a needle exchange program. people in jail for drug use, for drug Mr. Chairman, my concern is that if Mr. Chairman, a July report found that one trafficking, I supported local needle ex- this is not passed, and since there is no in twenty adults in the District of Columbia is change efforts because they work. They accounting for needles that are passed currently living with HIV or AIDS. The District do not encourage drug abuse, and they out to drug addicts, that they will be of Columbia has the highest rate of new HIV do save lives by halting AIDS and available for children to become in- infections of any jurisdiction in the country. other serious diseases transmitted by fected by. While members may disagree From July 1998 to June of 1999, the rate of dirty needles. Serious problems de- on the effectiveness of the needle ex- AIDS cases reported in women was more than mand serious solutions. Reject this change program, I think we can all nine times the national rate. HIV transmission amendment. agree we do not want these infected in the District via intravenous drug use dis- Mr. MORAN of Virginia. Mr. Chair- needles in our children’s midst, near proportionately affects women and African- man, I yield 1 minute to the gentle- public playgrounds or public pools. Americans. For women, IV drug use is the woman from California (Ms. PELOSI). Besides the immediate danger of nee- most prevalent mode of transmission. Ninety- Ms. PELOSI. Mr. Chairman, I rise in dles themselves, I worry about the six percent of those infected in D.C., due to IV opposition to the Tiahrt amendment, threat to children’s safety that needle drug use, are African-Americans.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.061 pfrm04 PsN: H14PT1 H7590 CONGRESSIONAL RECORD — HOUSE September 14, 2000 There are currently more than 113 needle by voting for this amendment we are helping ranking member of the full Committee exchange programs operating in 30 states, in- to ensure that our children are not exposed to on Appropriations, to put this bill in cluding my State of Maryland. In 1994, the drugs, drug paraphernalia, or unnecessary context. Could I ask how much time is Baltimore City Health Department established health risks. Children should not have to face remaining? a needle exchange program. The program ex- the risk of coming into contact with contami- Mr. OBEY. Mr. Chairman, I thought changes sterile for contaminated syringes, as nated needles in the places they learn, live or that at least on this bill we would well as provides public health services includ- play. reach a compromise between the two ing referrals to drug abuse treatment, HIV test- Simply put, this amendment is about keep- parties. The gentleman from Virginia ing and counseling, and tuberculosis screen- ing children safe. I voted ``yes'' on the Tiahrt (Mr. MORAN) has described the com- ing, testing and treatment. Two years after the amendment because ``yes'' is a vote for the promise which he offered the majority program began, 4,756 injection drug users health and safety of our children. party. Once again, it is my under- had been enrolled, 603,968 needles had been The CHAIRMAN pro tempore (Mr. standing that that compromise was distributed and 252,293 needles had been re- BARRETT of Nebraska). The question is turned down by the majority whip, or moved from circulation. An evaluation of this on the amendment offered by the gen- those in his office, who evidently prefer program has been conducted and no evidence tleman from Kansas (Mr. TIAHRT). to try to pass a bill totally in the Re- The amendment was agreed to. has been found that the program increases publican image. I find that unfortu- Mr. MORAN of Virginia. Mr. Chair- crime or encourages drug use among youth. nate. Two and one-half weeks before man, I move to strike the last word. I the end of the fiscal year, we ought to In fact, a June 2000 study published in the believe that the gentleman from Okla- American Journal of Public Health indicates be looking for ways that we can agree. homa (Mr. ISTOOK) and I will each take Instead, apparently, people are finding that the needle exchange program did not in- 5 minutes to summarize the vote on crease the number or distribution of discarded new ways to rehash old arguments. the underlying bill before us. Surely this fits the pattern which has needles. Mr. Chairman, we are going to urge been going on all year, where the Com- Mr. Chairman, the prohibition on the Dis- those who believe in home rule for the mittee on Appropriations explores a trict's needle exchange program is not based District and recognize the kind of eco- compromise, but then the majority on sound public health policies backed up by nomic and social progress that has leadership says no, and gives orders to scientific evidence, but on politics. been achieved in the District of Colum- Exhaustive studies funded by the NIH, the bia to vote no on this appropriations pass the bill on the Republican side CDC as well as the U.S. Surgeon General bill. alone. That results in presidential ve- have all concluded that needle exchange pro- We had an opportunity to have a bill toes; it gets no one anywhere near a grams, as part of a comprehensive HIV pre- that would have sailed through con- closure. vention strategy are an effective public heath ference with the Senate and would With less than 3 weeks to go, this is intervention that reduces the transmission of have been signed by the President. It not the way we ought to be going. I am HIV and does not encourage the use of illegal would have been taken care of. We have sorry that the majority prefers to go drugs. got 11 appropriations bills, most of this way, in light of the compromise The District's Chief of Police, Charles which, if not all of which, are likely to offer of the gentleman from Virginia Ramsey, who has been tough on illegal drug get vetoed now. Only defense and mili- (Mr. MORAN). We could have taken ei- use, supports a needle exchange program for tary construction have been signed. ther the package of the gentleman the District as a way to reduce the spread of This is one that should be signed. The from Virginia (Mr. MORAN) or the Sen- HIV. Additionally, the needle exchange pro- District of Columbia needs its money, ate bill and had a perfectly reasonable grams are supported by the American Medical it needs it now, and all we would do if compromise, but evidently we are not Association, the National Academy of we had the opportunity is to ask, let us going to do that. So I very regrettably Sciences, the American Academy of Pediat- pass the Senate bill. am going to urge a no vote on the bill. rics, the American Bar Association, the Amer- Now, what is the difference? In the Mr. MORAN of Virginia. Mr. Chair- ican Nurses Association, the American Public Senate bill we restore $17 million to man, reclaiming my time, we have the Health Association, the Association of State New York Avenue Metro station. They opportunity to do the right thing. Vote and Territorial Health Officials, the National cannot begin that Metro station, which no on this bill. Then we can get a bill Black Caucus of State Legislators, the U.S. is a desperately needed economic devel- that is acceptable to the Senate, to the Conference of Mayors and the U.S. Depart- opment initiative, unless they have the White House, and, most importantly, ment of Health and Human Services. full $25 million. All the money has to to the citizens of the District of Colum- Mr. Chairman, when the District's needle ex- be identified. The private sector says bia. We owe them that. change program began in 1997, by using its they will put up $25 million, the city The citizens have elected a good own funds, through 1999, the number of new will put up $25 million, they budgeted mayor, they have got a good D.C. City HIV/AIDS cases due to intravenous drug uses for it, all we have to put up is our own Council, they are making progress, eco- has fallen more than 65 percent. This rep- $25 million and then we can go forward. nomic and social progress. They are resents the most significant decline in new This does not do that. This short- not asking for much. They are asking AIDS cases, across all transmission cat- changes economic development. that their kids have a chance to go to egories, over this time period. We need $3 million for those seniors college and make it affordable. They Why reverse this trend? Why accept this in high school in D.C. to make the Col- are asking that we put up one-third of amendment which will only continue to spread lege Tuition Access Program available the cost of a Metro station that is des- HIV and intravenous drug users will lose an to everyone in a fair manner. The perately needed on the New York Ave- important gateway to drug treatment pro- Mayor has asked for this money. $3 nue corridor. They are asking to clean grams? million should be included. up some of their brownfield sites. We Vote against the Tiahrt amendment. We need $3 million for Poplar Point have the money to do it. Let us do it. Mr. MALONEY of Connecticut. Mr. Chair- remediation, a brownfield site. There is Do the right thing; vote no on the bill. man, our children should be protected from $10 million in the budget, the city Mr. ISTOOK. Mr. Chairman, I move exposure to drug use and be kept safe from needs $10 million, we only ask for $3 to strike the last word. the threat of contaminated needles. For that million. Those are the kinds of things Mr. Chairman, in closing debate on reason, I supported the Tiahrt amendment to we ask for, plus the Tiahrt amendment, this bill, first I want to take the oppor- the Fiscal Year 2001 District of Columbia Ap- which negates a program which is tunity to thank the staff who have propriations Act. This amendment is simply a working and is desperately needed in worked so hard on this: John Albaugh logical extension of the ``Drug Free School the city. of my personal staff and the Com- Zone'' legislation, and I urge all of you to sup- We are not asking for much. We mittee on Appropriations; Chris Stan- port it as well. ought to get it, get the bill signed. Why ley, a Congressional Fellow who has The Tiahrt amendment prevents Needle Ex- we have to go through all these mo- been assisting in our office from the change Programs from existing within 1,000 tions that are so destructive and such a U.S. Secret Service; Mary Porter, who feet of schools, playgrounds, day care centers, waste of time is beyond me. is detailed to us from the District Gov- public swimming pools, and other places Mr. Chairman, I yield to the gen- ernment, and I will say more about her where children generally play. My colleagues, tleman from Wisconsin (Mr. OBEY), the in a moment; the committee staff for

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.032 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7591 the majority, Migo Miconi; the com- government. I'm sure she could tell us first The House receives from its Budget mittee staff for the minority, Tom hand which form of government was the most Committee an allocation for the Dis- Forhan; and from the personal staff of efficient and effective in delivering services, trict, the Senate receives from its the gentleman from Virginia (Mr. but we will not ask her. Budget Committee an allocation. MORAN), Tim Aiken. Mr. Chairman, there is only one Member of There is a difference. Each of them has put in untold hours this House who was here when Mary first I think what the gentleman is refer- of hard work and effort to help bring started working for the District government ring to is that the Senate Sub- this bill to the floor, and regardless of back in July 1960, and he is the Dean of the committee on the District of Columbia where we may stand on different House. She has assisted the Committee under has been granted $30 million more by issues, I want to express my apprecia- seven Committee Chairmen: Chairman Clar- the Senate Budget Committee than the tion to all of them. ence Cannon of Missouri, Chairman Mahon, House Subcommittee has received from In regard to Mary Porter, this Fall Chairman Whitten, Chairman Natcher, Chair- its Budget Committee, and the gen- she is retiring after 40 years of dedi- man OBEY, Chairman Livingston, and now tleman wants that additional money. cated service to the District govern- Chairman YOUNG. On the District of Columbia Maybe when we get to conference, ment and to our Committee. She came Subcommittee, she has served under Chair- some of that additional money will be to the Washington area from Ten- man Rabaut, Chairman Natcher, Chairman added and we will have the ability to nessee, worked for an insurance com- WILSON, Chairman DIXON, Chairman WALSH, do some things the gentleman wants to pany until 1960 when she went to work Chairman TAYLOR, and now during my tenure. do. for the District Government, and, for Mr. Chairman, I can attest to the fact that she But the whole tenor of comments, the last 40 years has been assisting is a ``professional'' in every sense of the word Mr. Chairman, to say, ‘‘oh, you are not through the Mayor’s office and then on and has served chairmen and members of our doing this for the District and you are loan to Congress to follow the budget subcommittee of both parties equally, pro- not doing that for the District,’’ my through with the city council, with the viding them with her best advice and technical goodness, what is the District not Congress, the House, the Senate, and is support. doing for itself? the undisputed expert of so many Mr. Chairman, Mary is not one dimensional. This bill has $414 million in direct things. Although she has been employed for the last Federal appropriations for the Govern- So, Mary, on behalf of all the sub- 46 years, she and her husband Al have man- ment of the District of Columbia, and committee and the Members, we appre- aged to raise a wonderful family. Their four that is on top of the $1.5 billion they ciate your many years of hard effort. I children, Harvey, Lorne, Vance, and Vera are receive from all the Federal programs do not know how we could tackle the successful in their own right. in which they already participate that technical problems we have to face, Mary, I know that I speak for the entire sub- other communities around the country were it not for your efforts. We appre- committee and for this entire House in wishing are able to participate in. This $414 ciate you and we want to thank you. you well in your retirement. Your 40 years with million is on top of that $1.5 billion and Mr. Chairman, as I stated earlier, Mary Por- the District of Columbia government and your it’s given to the city to run their pris- ter has provided more than 40 years of dedi- professionalism are a credit to our sub- ons, to run their court system, to run cated service to the District of Columbia gov- committee, to the Committee and to the Con- their probation and parole system. ernment and to our Committee. That is an ab- gress. You are truly a remarkable person. On top of that, we have these other solutely remarkable achievementÐin fact, it is We all thank you very much. things, but they say it is not enough, it almost unbelievable. For all of those years, Mr. MORAN of Virginia. Mr. Chair- is not enough, it is not enough. Why? Mary has been with the Mayor's office where man, will the gentleman yield? Because they say ‘‘well, we want an- the budget is prepared. She follows the budg- Mr. ISTOOK. I yield to the gen- other $17 million for the subway et to the Council, and then she comes to Con- tleman from Virginia. project, we want another $3 million for gress and follows it through the House, the Mr. MORAN of Virginia. Mr. Chair- Poplar Point, we want another $3 mil- Senate and finally the House/Senate con- man, that was very gracious of you to lion for education.’’ ference. She is the technical expert and with- recognize the personnel that make this Let me suggest, Mr. Chairman, that out question the single most knowledgeable bill work. I should have done it. I ap- if the District were more diligent in person at any level when it comes to all as- preciate the fact that you did it on conducting its duties, they would not pects of the District's budget. In every organi- both sides of the aisle. have these problems. We have the D.C. zation or office there is one person who keeps I do not know what Migo Miconi is General Hospital that this Congress everything together and running smoothly and going to do without Mary Porter, but has been telling the District for years who knows not only what needs to be done she is going to be able to spend more you have got to get on top of that. but also what it takes to get it done. Mary Por- time in my congressional district, I They give a $45 million a year annual ter is that person when it comes to the District trust. She has been wonderful, invalu- subsidy to it, and, on top of that, they government's budget. Her technical expertise, able, and, more importantly than what have been running a deficit of $35 mil- knowledge and temperament in putting the bill Migo is going to do without her, I do lion a year for the last 3 years. and report together cannot be matched. Many not know what the Congress is going to If they want to have that money, times Mary has worked 18-hour days and do without her and what the citizens of then the District ought to stop the weekends but she was always back on the job the District of Columbia are going to feather bedding, the cronyism and the bright and early. Mary has always set high do without her. She is a great public mismanagement at D.C. General Hos- standards that others find difficult to attain. servant and we thank her for the great pital. It is long overdue. Some people Mary came to the District of Columbia from job she has done and wish her many are trying to do it now, and I applaud a little town called Deer Lodge in Tennessee years of health and happiness in her re- them for it, but some others in the Dis- in May 1954 just out of high school and found tirement. I appreciate the fact that the trict are saying slow down, do not do her first job with the Equitable Life Insurance gentleman recognized her. it. Company. She worked there until the birth of Mr. ISTOOK. MR. Chairman, to ad- If the District wants money for these her first child in 1960 when she went to work dress the bill, I ask unanimous consent projects, why do they not get serious in the District government's budget office. that I be granted an additional 2 min- about internal reform? Why do they Back then the District's total budget was $196 utes. not take a look at the $20 million that million; today 40 years later it is $3.3 billion, The CHAIRMAN pro tempore. Is was spent on a payroll system that a 1,584 percent increase over what it was there objection to the request of the they have said they now have to scrap when she started. I don't believe we can gentleman from Oklahoma? because of their incompetence in try- blame Mary for that phenomenal increase. There was no objection. ing to get things done right? There is Mary also witnessed the evolution of the gov- Mr. ISTOOK. Mr. Chairman, it is im- money, if you want to have it, for some ernmental structure of the District of Columbia portant that we address the bill itself. other use. from a three-member Presidentially-appointed I heard the gentleman from Virginia Why do they not take the $32 million commission to a single appointed mayor-com- (Mr. MORAN) say ‘‘Let’s pass the Senate in other reform efforts that are now in missioner with appointed city council members bill.’’ Well, there is no Senate bill. The jeopardy? Why do they not look at to an elected mayor and city council form of Senate is just beginning their work. these things, at this waste, rather than

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.065 pfrm04 PsN: H14PT1 H7592 CONGRESSIONAL RECORD — HOUSE September 14, 2000 just saying whatever you are doing less drain by D.C. General Hospital formance in the operating room. Dr. Richard Congress, it is never enough, it is never that if left unchecked will take the Holt, the hospital’s chief of surgery, would enough. city back into insolvency. It requires not comment on the case. Smalls declined to discuss the surgery But the money they say they want strengthening of the charter schools other than to say, ‘‘I am a physician and cit- for that New York Avenue Metro sta- which education bureaucrats are trying izen of high ethical standards,’’ and that the tion, which is attracting private devel- to strangle right now, even as parents JCAHO, the hospital accrediting body, was opment money too, that money is in are saying, ‘‘I want my kids in this satisfied with the hospital’s review process. the bill. The $25 million they want for charter school because it is a public ‘‘I have reams of documentation to show how it is in the bill. Their objection is say- school that gives them an opportunity well that was done,’’ she says. ing, ‘‘oh, wait a minute, but $18 million instead of being trapped in a dead end, Nonetheless, the story of Smalls’ surgical is coming out of this interest-bearing mistake spread through the hospital like a nonperforming, dangerous school,’’ as staph infection, raising eyebrows among account held by the Control Board that many of them are now stuck in. nurses and other technical staff members is under the direction of Congress, and Mr. Chairman, this bill is a bill to who had heard constant rumors about her we want you to get it from some other take care of the needs of the District of competency, according to several hospital account instead.’’ Why? Because the Columbia, to move along reform in the sources. But that didn’t stop the physicians Control Board in its last year of oper- District of Columbia, and to promote from later electing Smalls as president of ation wants to double its own budget responsibility and futures of hope, the D.C. General medical/dental staff. And and wants to give golden parachutes to growth and opportunity. today, she is head of quality assurance for Mr. Chairman, I would like to include in the the hospital’s department of surgery. its people, instead of having that Smalls and some of her colleagues on the money go to the Metro station at New RECORD an article on mismanagement and D.C. General medical staff have been among York Avenue. other serious problems, including what some the loudest voices complaining about the Do not put the bug on Congress for might consider medical malpractice, at DC many problems ailing the District’s only mismanagement by the District of Co- General Hospital. The article was the cover public hospital. They have taken their com- lumbia. There are many people work- story in the August 18, 2000 edition of the plaints about the hospital administration to ing hard to correct that mismanage- Washington City Paper. the mayor, to the D.C. Council, and directly ment and abuse, and I applaud those of- [From the Washington City Paper, Aug. 18– to Congress. They have demanded the ouster 24, 2000] of former CEO John Fairman and even sum- ficials, but accept responsibility for moned various investigative agencies to FIRST, DO NO HARM the problems that the District brings scrutinize the hospital, which has run up $109 upon itself, and do not try to shift the (By Stephanie Mencimer) million in budget overruns and is at risk of blame and say it is because Congress When some D.C. General Hospital doctors being closed down completely. has failed to do enough. talk about putting patients first, they’re not Patients themselves are deserting the hos- being Hippocratic. They’re being hypo- pital in droves: More than 90 percent of Med- b 1200 critical. icaid patients and 97 percent of Medicare pa- Yet, we do have funds in here for the About a year and a half ago, an inmate tients now go to other, private D.C. hos- unique program that started last year from the D.C. Department of Corrections pitals, as do two-thirds of the city’s 80,000 to enable kids from the District of Co- came to D.C. General Hospital for hernia sur- uninsured residents, according to D.C. De- gery. He hadn’t seen his surgeon, Dr. Norma partment of Health figures. lumbia to go to college since the Dis- Smalls, in at least a month. But when the Yet during all the recent debate over the trict does not have a State system of man arrived for his procedure, Smalls didn’t future of the city’s ailing public health sys- colleges. We have the money in here for do a fresh pre-op physical exam—a step that tem, few people have ever stopped to ask that program. We have every penny most surgeons regard as routine. Instead, ac- whether Smalls and some of her medical col- that all estimates say are needed for cording to former Chief Medical Officer Ron- leagues might themselves be part of the the program and then some. But they ald David and three other hospital sources, problem. still say, we want more, no matter Smalls just had the man put under anes- For years, the medical staff has eluded the demands for accountability that have slowly what it is, we want more, we want thesia and then cut him open—on the wrong side of his body. started to take hold in other parts of D.C. more. Finding no hernia, David says, Smalls government. Instead, the doctors have suc- We have the money in here for the walked out of the operating room, wrote cessfully portrayed themselves as the lone program of drug testing and drug treat- some notes in the charges, and then looked champions of health care for the poor, which ment to a greater extent than anyplace over the medical records. Realizing her mis- is the one thing that D.C. General inarguably else in the Nation, and yet, they say it take, Smalls had her patient anesthetized dispenses. is not enough. That program is Feder- once more and cut him open again. Yet internal memos from the D.C. Health ally funded. We have not done that for Fortunately, the patient recovered. Still, and Hospitals Public Benefit Corp. (PBC), such a ‘‘sentinel event,’’ as a blunder like the body that oversees the public hospital Detroit, we have not done it for Cin- wrong-side surgery is known in the hospital and its clinics, show that far from improving cinnati, we have not done it for Min- business, is a very big deal, as serious a hos- patient care, Smalls and some of the elected neapolis or Phoenix or many other cit- pital disaster as an abducted baby or a rape leadership of the medical staff have fought ies that say, we would like to have by a staff members. The reason, of course, is to overturn disciplinary actions against some help too. It is about time that that the kind of mistakes that lead to poorly performing physicians and defend some people in the District recognize wrong-side hernia operations can lead to am- doctors’ shoddy work habits. Even as they what this Congress has done to fulfill putating the wrong leg or removing a have complained about the quality of the its responsibility toward the Nation’s healthy kidney. nursing staff and hospital administrators, If D.C. General were a normal hospital, many of the physicians have fought off re- Capital, what the people in America Smalls’ blunder would have come under in- quirements to update their own skills, see have supported for the Nation’s Cap- tense scrutiny. The Joint Commission on the more patients, and otherwise raise the stand- ital, and start working together in- Accreditation of Healthcare Organizations ards of D.C. public health care. Moreover, stead of constantly just griping that it (JCAHO) requires hospital medical staff to past and present hospital administrators say is never enough, no matter what we do. conduct a ‘‘root-cause analysis’’ of any that a vocal minority of those same doctors We have gone above and beyond, and wrong-side surgery and to implement an ac- have played a key role in obstructing the when we get to conference we may find tion plan to prevent such incidents from re- very reforms that might put the PBC on bet- curring. A hospital’s accreditation is partly ter financial footing. that we have the ability to get a little based on how its medical staff handles sen- Deairich Hunter is the PBC’s former chief more money to do even more. But for tinel events. of staff and a former staff member for Ward goodness sakes, to hear people say Initially, though, the medical staff wasn’t 8 Councilmember Sandy Allen, chair of the ‘‘vote against this bill because we are even planning to investigate Smalls’ wrong- Health and Human Services Committee, not doing enough for the District of Co- side surgery, according to David. When which oversees the PBC. When he worked for lumbia’’ is nonsense. It is spin, and it pressed by the administration, a committee the council, Hunter spent much of his time is about time people got called on that made up of the chief of surgery, the chief of trying to save D.C. General. When he came spin. anesthesiology, and the head of the nursing to work for the PBC last year, though, he staff eventually did review each depart- says, ‘‘I started to wonder what it was that Mr. Chairman, this is a good, solid, ment’s role in the case. The nursing adminis- I was saving.’’ responsible bill. It moves reform in the tration promptly fired a nurse who was To be sure, many of the 170 doctors who District of Columbia, it requires ac- found to be partially culpable. The doctors, work for the PBC are devoted professionals countability, it puts a stop to this end- however, found no problem with Smalls’ per- who have a real commitment to public

VerDate 11-MAY-2000 02:33 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.066 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7593 health care and labor under difficult cir- have as hospital employees. After the Office who had treated Hunter in the emergency cumstances. But then there are the others: of the D.C. Auditor criticized the contract room, had flunked his surgical board exams the twice-bankrupt, many-times-sued OB– for various improprieties, the hospital can- three times and was not certified as a sur- GYN and the former chief of trauma who al- celed it in 1997. geon. legedly saw only eight patients in a month, D.C. General provided most of the group’s In fact, out of the eight attending physi- despite being paid for full-time work. clients, so when it canceled the contract, the cians in the trauma unit at the time, five The city’s doctors are emboldened by the practice shut down. During that last year, were not board-certified, including the unit’s same civil-service protections that make all when Haidara’s baby was born, the Medical acting chief, Dr. Paul Oriaifo. (Two of those D.C. government employees nearly impos- Services Group doctors were carrying no noncertified doctors still work at the hos- sible to fire, and they are largely immune malpractice insurance. They blamed the pital.) In 1998, a jury awarded Margie Hunter from outside accreditation investigators, city, which they claimed was supposed to $2.3 million, and the city last week settled who evaluate hospital procedures, not physi- pay for the insurance. (The doctors are cur- the case for $1.75 million. cian competency. Duly insulated, the PBC’s rently suing the District over the issue.) Silber says he was astonished at the poor doctors have successfully chased out reform- According to his deposition in the Haidara qualifications of some of the trauma sur- minded administrators who have attempted case, Selden remained unemployed for about geons at D.C. General. ‘‘There are terrific to rein them in. ‘‘Using a good offense as a year after his practice collapsed, and he public hospitals in this country. Just be- their best defense, the medical staff has eventually filed for bankruptcy protection. cause they are public doesn’t mean they avoided accountability for years,’’ says one Later, he went to work for Planned Parent- have to have incompetent care,’’ he notes. hospital administrator, who wishes to re- hood for about six months before D.C. Gen- It’s 8:30 a.m. on Wednesday, July 5, and al- main anonymous. eral rehired him in March of last year. ready the D.C. General orthopedic clinic is The bureaucrats’ attack on reformers is a Selden could not be reached for comment. full of people on crutches or in wheelchairs, time-honored D.C. government tradition. Given Selden’s history, it might seem or sporting casts, slings, or metal staples in Such behavior has made city agencies like strange that D.C. General would be eager to their knees. A man in a wheelchair with a the Department of Motor Vehicles merely in- have him back. But thanks to city pay-scale full head rack and pins keeping his neck furiating, but in a hospital, the consequences restrictions, the hospital is fairly desperate straight closes his eyes and exhales slowly. can be deadly. It’s no surprise that even as for specialists like OB–GYNs, whom it needs Almost 50 people have arrived in the base- D.C. councilmembers go to bat for the jobs of to maintain its accreditation. D.C. law bars ment of the hospital. Kenneth Reid, here for city doctors, the poorest city residents are city employees from making more than the his broken knee, knows he’s in for a long taking their business elsewhere. mayor’s salary, which for most of the 1990s wait. Last August, D.C. General OB–GYN John was about $90,000. The going salary for an ‘‘Last time I was here, I had a 9 a.m. ap- S. Selden III featured prominently in a front- OB–GYN in the private sector is nearly pointment, and I didn’t get done until 4,’’ page story in the New York Times about ra- $300,000. (The mayor’s salary has since gone Reid says. cial disparities among women who die in up, to about $120,000, but doctors’ salaries The clinic is open only on Mondays and childbirth. ‘‘Most obstetricians are afraid to have remained capped at $99,000.) Wednesdays, and the staff schedules patients talk about losing patients,’’ the story read. Lawrence Johnson, the medical director at for appointments between 8 a.m. and 10:30 ‘‘But the doctors at D.C. General are surpris- D.C. General for 15 years until 1997, says the a.m. Even then, it’s first come, first served. ingly direct. Dr. John S. Selden, who has salary cap has always been problematic in So people line up early and then hunker worked at the hospital on and off for the last keeping the hospital staffed up. ‘‘We couldn’t down in front of the TV. With luck, they’ll 13 years, told of a death that occurred just a keep a full-time specialist in some cases,’’ he get their blood pressure taken by the time few months ago.’’ The woman Selden de- says, adding that the hospital has always re- Bob Barker wraps up The Price Is Right. If scribed died on the operating table, moments lied on a patchwork quilt of coverage. ‘‘It’s you feel really bad, Reid says, you can go to after a Caesarean section at D.C. General. not the kind of arrangement that lends itself the emergency room. Selden was something of an odd choice for to building stability.’’ Or you can employ Monica Parker’s strat- the hospital to offer up as a national expert. The PBC’s poor pay—among the worst in egy; the fake faint. Parker, who recently Had the Times interviewed some of his the nation—combined with difficult working broke both her legs, says she once got so former patients, the paper might have dis- conditions and old-fashioned crony politics tired of waiting that she staged a collapse on covered that Selden has a somewhat blem- has helped make D.C. General a virtual the way to the ladies’ room. ‘‘I got right in,’’ ished record as a physician. But his story dumping ground for troubled doctors. Along- she says with a laugh. ‘‘You got to fall out helps illustrate why some doctors at D.C. side doctors like Selden, the hospital em- right where everyone can see.’’ General are often so militant about pro- ploys physicians who have left other trou- An elderly man who gives his name only as tecting their jobs. bled city facilities, like the D.C. Jail and the Oscar, who has been waiting almost a year In the past 20 years, Selden has been sued old city-run nursing home, D.C. Village, for surgery on his hip, knows the system at least six times, racking up some huge set- which was closed after a suit by the Justice pretty well. ‘‘The whole thing is not to have tlements. In 1984, Selden treated a pregnant Department, following the deaths of more the doctors waiting to see the patients,’’ he woman named Vanessa Black who had come than 30 residents from poor medical care. explains. to Greater Southeast Community Hospital Another of the hospital’s former medical There’s no chance any doctors will be wait- suffering from vaginal bleeding. Selden dis- directors is Dr. William Hall, former Mayor ing today. Medical residents doing training charged her the next day with instructions Marion S. Barry Jr.’s longtime eye doctor, as part of the Howard University Medical for strict bed rest, without determining who was the medical director of the D.C. De- School do most of the work here, but they whether it was safe for her to move. Black partment of Corrections when the jail med- haven’t arrived yet. That’s because on was still spotting, and a day later, she went ical services landed in receivership for abys- Wednesday mornings, the residents have to into labor, had a emergency C-section be- mal treatment of inmates in 1995. A federal attend a meeting at Howard University Hos- cause of hemorrhaging, and delivered a judge seized control of the services shortly pital. They usually don’t show up at the clin- brain-damaged baby. In 1993, Greater South- after an inmate with AIDS died while tied to ic until 10 a.m., even though patients have east settled a suit filed by Black’s family for a wheelchair, where he has sat in his own been sitting here for two hours by then. And $1.3 million. feces, neglected, for several days. Hall went as for the staff doctors, well, none of the pa- Another case is currently pending, filed by on to do a brief stint as D.C. General’s med- tients seem to know when they get in. Cherif Abraham Haidara, alleging that dur- ical director and is still employed at the hos- Oscar says the attending physicians alter- ing a 1997 delivery at D.C. General, Selden pital as an ophthalmologist. nate covering the clinic because most of caused traumatic nerve injury to her baby’s Conventional wisdom holds that the trau- them also work somewhere else. Elaborating arm, rendering the arm useless. In this case, ma surgeons at D.C. General are among the some common hospital folklore, Oscar ex- the family isn’t likely to get a dime if it pre- hospital’s best doctors, because of their expe- plains confidently, ‘‘The hospital can’t afford vails in court, because Selden has no assets rience in handling life-threatening gunshot to pay doctors for 40 hours a week.’’ The hos- to speak of, having filed for bankruptcy pro- wounds and other medical crises. Despite pital does in fact pay the clinic’s attending tection twice in the past 15 years. And at the their reputation, though, no data exist to physicians almost $100,000 annually for full- time of Haidara’s delivery, he had no mal- prove whether D.C. General trauma surgeons time work, but conversations with other pa- practice insurance. are any better than, say, Washington Hos- tients make it easy to see how Oscar came to Ordinarily, as a city employee, Selden pital center’s. And there’s some evidence to that conclusion. wouldn’t have needed malpractice insurance, suggest that they might be worse. While dozens of patients watch Maury because he would have been insured by the In 1995, an ambulance transported a Povich berating moms for dressing so sexy District. But Selden was working at D.C. transgendered man, Tyrone Michael (aka that they embarrass their children, a woman General on a contract with the Medical Serv- Tyra) Hunter, to the emergency room at D.C. in a bright-red dress and heels storms out of ices Group, a private practice consisting of General, where he later died after doctors the clinic door, cursing the people behind several OB–GYNs who had retired from D.C failed to drain blood that had pooled near his Booth 2. She comes back later and throws General in 1995 and had immediately gotten heart, according to a lawsuit filed by Hunt- herself into a chair. ‘‘I had three appoint- a $2.9 million emergency contract from the er’s mother, Margie Hunter. Her lawyer, ments. They made me come in. The doctor hospital. The contract allowed the doctors to Richard Silber, learned during the litigation wasn’t here,’’ fumes Mary E. Muschette. earn significantly more than they would that Joseph Bastien, the trauma surgeon ‘‘This is the fourth appointment. One day I

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.019 pfrm04 PsN: H14PT1 H7594 CONGRESSIONAL RECORD — HOUSE September 14, 2000 was here at 7:30 and left at 3 after I found out For years, the PBC doctors have gotten letter to the City Paper. In fact, in 1995, two that they had discharged me without seeing away with such poor performance because years after Burton’s surgery, D.C. General me. I’ve made this appointment since April they could count on their patients to keep almost lost its Medicaid accreditation for, for a jammed finger. Every time I’ve been quiet. Parker, for example, says that even among other things, allowing residents to here, no doctor.’’ Muschette says she is sup- though she usually plans to wait between operate unsupervised, according to reports in posed to see a specialist, but adds, ‘‘He’s five and 12 hours whenever she comes to the the Washington Post. And David says, ‘‘If he never here. If I had a job and did that, I’d be clinic, it would never occur to her to com- is the attending of record, he was supposed in trouble.’’ plain to hospital officials. ‘‘I’m not going to to be there.’’ Nevertheless, the board of med- Muschette’s furious tirade is more enter- cuss you out about not getting what I pay icine dismissed the complaint without any taining than Povich, and it sets off a round for when I’m not paying anything,’’ she says. further investigation. of complaints and affirmations from the Besides, she adds, ‘‘Nobody else will take When she discovered that Manderson had other patients. ‘‘I never see the doctor who me.’’ billed Medicaid for part of the procedure, signs the prescriptions,’’ Parker says, ‘‘I’ve When she broke her legs—she tripped in Burton filed a compliant with the city. Doc- only seen him once, and that was at Howard. the grass while walking in high heels— tors at D.C. General are salaried employees He is on all my paperwork, though.’’ Parker says she was taken to Howard. But and may not bill Medicaid individually for Dr. Easton Manderson, the chief of ortho- when the hospital discovered she didn’t have services they provide there; Medicaid pays pedics, is himself the subject of patient com- insurance, it sent her by ambulance to D.C. the hospital directly. But Manderson and an- plaints about scheduling. An inmate at General. ‘‘If I could go somewhere else, I other doctor whom Burton claims she never Lorton, David Spencer, is currently suing would,’’ she says. saw both billed and were paid for services re- Manderson in federal court for allegedly For years, D.C. General patients have told lated to her surgery. In 1998, according to a bumping him off the surgical schedule for horror stories about being unwittingly oper- letter sent to Burton in response to her com- more than a year, delaying a bone graft on ated on by what they call ‘‘ghost doctors’’— plaint, the Medicaid office sought to recoup his arm and, he says, causing partial paral- unsupervised residents who have not yet the money for what it called ‘‘erroneous bill- ysis. Spencer filed the suit pro se, but a fed- completed their medical training. In a place ing.’’ No investigation was ever launched. eral judge believed Spencer had a strong where such legends are as common as bed- PBC officials declined any comment on enough complaint that he took the unusual pans, most malpractice lawyers and others Manderson’s practice at D.C. General. step of appointing a lawyer to represent who regularly heard the stories never quite On Jan. 15, 1998, 93-year-old Ernest Higgins Spencer. believed them. But Debra Burton says that, ran a stop sign at 10th and Constitution NE But Manderson is a busy man. Along with in her case at least, not only is the legend and was hit by a truck. He was admitted to his full-time job at D.C. General, he also has true, she can prove it. D.C. General by trauma surgeon Dr. Chinwe two private practices. On Tuesdays, Wednes- In November 1992, Burton saw Manderson, Agugua suffering from some swelling on the day, Fridays, and some Saturdays, he works the orthopedic surgeon, at Providence Hos- side of his neck, but otherwise, he didn’t at his Providence Hospital office. Then, on pital on a referral from a doctor at Howard have any other obvious injuries. The hospital Tuesdays after 5 p.m., he works at his East- University Hospital, who believed she needed kept him overnight for observation, and the ern Avenue office in Maryland. Yet surgery to have a bone spur removed from next morning a nurse called Higgins’ son, Manderson managed to collect $23,866 in her foot. Burton says she saw Manderson for Daniel Higgins, and told him to come to take overtime at D.C. General last year, accord- ‘‘about five minutes.’’ She says he agreed to his father home. ing to documents provided by the PBC. do the surgery but told her she had to have The lifelong Washingtonian and former Manderson disputes this figure, and in a it done at D.C. General. So on Jan. 21, 1993, auto-parts store owner had been active for letter to the Washington City Paper, he said Burton checked into D.C. General, gave her his advanced age, and his medical records he spends only 12 of the 72 hours he works even noted that he lived alone in a two-story each week at his private office. Medicaid information, and was headed for ‘‘I perform more surgery and see more pa- the operating room when, she says, residents house at 18th and Franklin Streets NE and tients than any other surgeon at D.C. Gen- told her that Manderson wasn’t at the hos- was fully able to care for himself. But before eral,’’ Manderson said in his letter. pital but was on his way. Ernest Higgins was discharged, a nurse had Moonlighting by full-time PBC doctors is a Burton had the surgery, but she never did to carry him to the bathroom. common practice, which the doctors justify see Manderson. A few months later, she was ‘‘I thought this was odd, since the day be- because of their low salaries, and there’s no still in excruciating pain. After several more fore, he had been driving,’’ says Daniel Hig- rule against it. But the doctors are still ex- visits to other doctors. Burton learned sev- gins. As it turned out, his father couldn’t pected to fulfill their duties for the PBC. It’s eral startling facts: A nerve had been cut in walk, but no one at the hospital seemed to clear from the stories at the orthopedic clin- her foot, but the bone spur was still here. think this was unusual, so Higgins took him ic, however, that the hospital is not getting And, most troubling, Burton says, she home. ‘‘I checked on him after [The Tonight its money’s worth from some of its physi- learned that Manderson hadn’t actually per- Show], and he was sleeping. The next morn- cians. formed—or supervised—the surgery as prom- ing when I got up, he had passed away,’’ he The experience of the orthopedic patients ised. Instead, she had been operated on by a says. An autopsy revealed that the elder Hig- was backed up in a recent review by Cambio couple of residents—doctors in training. gins had suffered two broken vertebrae in his Health Solutions, a consulting firm brought Burton has been disabled by the pain and neck and had died from a major spinal-cord in by the PBC to analyze the hospital’s man- unable to work ever since. She had hoped to injury. agement problems. Cambio found that doc- file a malpractice suit, but she says her law- The Higgins family decided to pursue legal tors’ overtime billing was based on the honor yer botched the case, and she eventually re- action against the hospital. They went to system and that the PBC had no system to ported him to legal disciplinary authorities. three different lawyers before the last one document how much time doctors actually She didn’t give up, though. Burton has been told them—wrongly—that they would never worked on behalf of the PBC. ‘‘Productivity on a mission ever since to find some justice, be able to collect any money from the broke standards are not existent,’’ the consultants and she has collected an assortment of docu- D.C. government, and in any event, because wrote. An operational review found that mentation about her case. Ernest Higgins had been so old, there clinics failed to start on time because most Among her papers is a 1997 letter wouldn’t be much in the way of damages to of the physicians had practices in other parts Manderson wrote to the D.C. Board of Medi- recover. Before they had a chance to pursue of the District. cine in response to a complaint Burton filed the case further, the statute of limitations Absentee doctors are problematic for a va- against him. In the letter, Manderson claims for filing a suit ran out. Still, Higgins’ riety of reasons. Medical residents, because he never told Burton he would take her as a granddaughter continued to demand that the of their junior status, can’t sign any of the private patient, but that ‘‘I would arrange to PBC investigate the handling of the case, but paperwork needed for billing, so patients have her surgery done at D.C. General.’’ she never got an answer. Dr. Richard Holt, routinely leave their charts with a physi- However, Manderson’s name appears on all who had been Higgins’ attending physician, cian’s assistant whose job it is to track down Burton’s D.C. General records as the admit- said last month in an interview that he did the attending doctors for their signatures. ting and attending physician, and her admis- not remember Higgins. As the paperwork stacks up, patients are sion and consent form states that she agreed Doctors who work for the PBC are pro- often left waiting for weeks to get disability to surgery that would either performed or tected by civil service rules and the hos- claims filed, for instance. Or, as happened in supervised by Easton Manderson. pital’s peer review committees. As the Hig- Oscar’s case, the signature problem can Ronald David, the hospital’s former chief gins case demonstrates, they are also largely delay treatment. medical officer, says that at D.C. general, at- insulated from scrutiny by the most effec- Oscar says that every time he comes in to tending physicians of record are expected to tive, if de facto, medical regulators: mal- the clinic, staffers treat him like a new pa- be responsible for their patients before, dur- practice attorneys. tient and repeat the same tests, because they ing, and after surgery—guidelines also speci- Higgins’ claim was one of 17 notices sent to can’t find his medical records. The doctors’ fied by the American College of Surgeons. the District government since January 1998 failure to keep up on the paperwork also In his letter to the medical board, declaring intentions to sue the hospital for takes a financial toll on the hospital itself, Manderson maintains that even if he had wrongful deaths. Of those, 12 cases never because it can’t bill for services unless physi- agreed to do the surgery, he was not required went to court, including the Higgins case. cians document them—a problem high- to be in the operating room when residents Some were denied because the potential lighted by consultants from Cambio. were operating. He repeated this claim in his plaintiff failed to adhere to the strict filing

VerDate 11-MAY-2000 02:33 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.022 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7595 timetable required under D.C. law. Anyone Robert P. Casey. An African-American Leading the charge against David was intending to sue D.C. General must notify neonatologist and pediatrician who grew up Oriaifo, then the acting head of trauma and the city within six months of the alleged in a mean South Bronx neighborhood, David later president of the medical/dental staff. A malpractice. A lawsuit in a wrongful-death was an idealist who believed passionately in charismatic Nigerian who went to medical case must then be filed within a year; other the public service aspect of medicine. school in the former Soviet Union, Oriaifo malpractice cases must be filed within three But David quickly discovered that D.C. had been active in the doctors’ union at the years. General was like no place he had ever experi- hospital, where he has worked for the past 16 Diane Littlepage, a malpractice attorney enced. To be sure, it had the usual problems years. David and Oriaifo first butted heads in Baltimore who has successfully sued D.C. of any public hospital: too little money, in- when David removed Oriaifo as acting chief General, says that very few people are able sufficient equipment and supplies, and an of trauma and placed the trauma unit under to make the six-month deadline, which aging building that was suffering from dis- the supervision of Dr. Howard Freed, the new doesn’t exist for private hospitals. In addi- repair. But that wasn’t what he found most director of emergency medicine. tion, attorneys generally don’t regard D.C. troubling about the place. The demotion prompted Oriaifo to call an General patients as attractive clients. That’s When David arrived at D.C. General, he re- emergency meeting of the medical/dental because wrongful-death awards are based on counts in an interview, as patients waited staff, alleging that he had been persecuted the value of a person’s life, which a civil suit hours upon hours in the emergency room, for speaking out about the administration’s reduces to a cold calculus of economic activ- doctors were not coming to work on time, failure to support clinicians. In a memo to ity and life expectancy. If a patient was poor they were leaving early, and they were often the PBC board, Oriaifo claimed that Freed or unemployed, or had any kind of lifestyle sleeping on the job, in part because they was not qualified to supervise him because issues that might shorten life span, such as were working full-time jobs elsewhere. The Freed wasn’t a surgeon. criminal activity or drug abuse—all common celebrated trauma surgeons refused to see In fact, Freed was the first person ever to issues with many D.C. General patients— other, ‘‘ordinary’’ emergency room patients run D.C. General’s emergency department that patient’s life doesn’t add up to much in who weren’t suffering from major injuries who had been both trained and board-cer- a lawsuit. such as gunshot wounds, even when those tified in emergency medicine. He had more Malpractice cases are also extremely cost- surgeons weren’t busy with other patients. than 20 years of experience working in trau- ly to litigate, so lawyers who do take them After interviewing patients, David also dis- ma centers and fixing troubled emergency pick up only clients whose potential awards covered that some of the OB–GYNs were rooms. will more than cover the costs of trying the skimming off patients with insurance and Oriaifo, on the other hand, is not board- case. Bill Lightfoot, a prominent mal- Medicaid, sending them to their private- certified in surgery or any other specialty. practice attorney and former D.C. practice offices and delivering their babies at Furthermore, under his leadership, the hos- councilmember, says be routinely spends other hospitals, where doctors could bill the pital’s trauma unit has lost its Level 1 trau- $50,000 to $100,000 to litigate a wrongful-death insurers or Medicaid for their services. ‘‘In ma designation from the American College case. some instances, doctors would actively dis- of Surgeons—a designation that qualifies a Because of the lawyers’ informal vetting suade patients from going to D.C. General,’’ trauma center to treat the most severe system, when malpractice suits do go for- says David. ‘‘We had patients tell us that cases. (Oriaifo blames this loss on a lack of ward against doctors at D.C. General, they doctors had told them not to come back.’’ institutional support from the PBC, not any are fairly serious. Here are a few recent ex- He also found that doctors weren’t showing shortcomings of his leadership.) Nonetheless, up on time for clinics and were occasionally amples: Oriaifo soon got his job back after Mayor working in their private practices when they Tammara Kilgore, 22, arrived at D.C. Gen- Barry intervened on his behalf. eral on April 26, 1998, suffering from nausea, were expected to be at D.C. General. About Undaunted, David continued to discipline fever, and highly abnormal liver functions. six months after David took over as chief wayward doctors. He suspended and later Doctors allegedly diagnosed Kilgore with a medical officer, someone in the emergency fired a doctor for failing to complete medical urinary-tract infection—without performing room paged Manderson, who was supposed to records; he demoted a podiatrist who had re- a urinalysis—gave her some antibiotics, and be on duty. The page was returned by a nurse fused to treat inmates and who the nursing sent her home, according to the suit filed by at Providence Hospital, who said Manderson staff had complained wasn’t starting clinics wasn’t available because he was in surgery. her family. Kilgore died a few days later on time. After he discovered what outside The event was one of a long line of prob- from liver failure stemming from hepatitis. consultants would later confirm—that the lems that prompted David to draw up a Darryl Kelley, 19, arrived at D.C. General memo in which he told the medical/dental hospital had too many managers—David also suffering from a gunshot wound to the face staff that he would be giving them a one- demoted a physician who had been getting in February 1997. The bullet had broken his month amnesty period in which to clean up extra pay as the administrator of the ‘‘Neu- jaw, but he could talk, swallow, and breathe. their act. After that, he told the doctors, rology Department,’’ which had only two Dr. Norma Smalls did exploratory surgery on they would be disciplined severely for a num- doctors in it. his neck and put a tube in his windpipe so he David really angered the medical staff ber of practices that had long been tolerated could be hooked up to a ventilator after oral when he started showing up early at hospital at the hospital. surgeons wired his teeth together. Two days In the amnesty memo, David told doctors clinics to see whether the doctors were at later, Kelly was dead—but not from the bul- that he expected them to work the hours work on time. Nurses had complained that let wound. An autopsy later showed that he that they were scheduled and paid for and one particular doctor’s tardiness was push- had suffocated to death from a blockage in that they were recording on their time ing a clinic to stay open later in the after- the tracheotomy tube. On April 11 of this sheets. He barred them from doing union noon, requiring the hospital to pay the year, the city settled a wrongful-death suit work or private-practice work during regular nurses overtime. David caught the doctor brought by Kelley’s family for $175,000. hours and then working for the PBC after- red-handed, contacting her on her cell phone. In November 1998, Gloria Porter, 50, was ward to collect overtime. She was dropping her kids off at school an admitted to D.C. General to have a benign He required the full-time community hour and a half after she was supposed to be polyp removed from her duodenum. Instead health center staff to show up five days a at the clinic. of just removing the polyp, Dr. Paramjeet week. He demanded that surgeons be in the The personal investigators prompted Sabharwal and two residents allegedly per- operating room to supervise surgeries and Oriaifo to stand up at a PBC board meeting formed a risky surgery designed for excising that they be available to the patients imme- one day and protest that David was ‘‘spying’’ advanced cancer, removing her gall bladder, diately before and after surgery for follow- on the doctors, which he said the staff con- part of her duodenum, and part of her pan- up. He barred doctors from ordering supplies sidered highly inappropriate for the chief creas. A week later, Porter, who didn’t have and equipment for use in their private of- medical officer. David says Oriaifo didn’t get cancer, died from a massive hemorrhage—a fices. And he asked that they fill out medical much sympathy from the board. complication of the surgery—according to a records on time. Oriaifo and the elected medical leadership suit filed by her daughter last August. Finally, David warned that if he caught defended the disciplined doctors, claiming Bruce Klores, one of the city’s leading mal- any physicians collecting insurance informa- that they had been singled out for criticizing practice attorneys, who has won several tion from PBC clients for the purpose of the PBC. The medical staff believes itself to large verdicts against D.C. General, says sending paying patients to their private of- be an independent governing body under city that the hospital has ‘‘probably the most fices, they would be in serious trouble. In his law, and it often argues that only staff doc- underreported malpractice of any hospital in memo, David wrote, ‘‘Please know that my tors can discipline other doctors, even for ad- the city.’’ intent is to hold us to high standards of per- ministrative rather than clinical matters. As When David accepted the position of chief formance and integrity despite the pre- a result, the group has tried to overturn medical officer for the PBC in 1997, he was vailing political and economic forces that many disciplinary actions imposed by the looking forward to having a hand in patient serve to undermine the PBC. I will not allow hospital administration. care once again. For the previous six years, us to assume the role of victims.’’ In a 1998 memo to the PBC board com- he had been teaching health policy at Har- Although David’s demands seem rather plaining about David, Oriaifo wrote: ‘‘Dr. vard University’s Kennedy School of Govern- basic—things one would expect from com- David has done nothing to support the prac- ment. Before that, he had served as deputy petent doctors who care about patients—the titioners as we struggle to render care to our secretary of health, and then acting sec- D.C. General medical staff was outraged. The patients.... For all intents and purposes, retary of health, under Pennsylvania Gov. doctors declared war on David. and based on all available credible evidence,

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.025 pfrm04 PsN: H14PT1 H7596 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Dr. Ronald David appears to be a clueless en- After David left as chief medical officer, down of the hospital entirely. Services to the forcer and not a leader. WHERE DO WE GO Dr. Robin Newton, a popular doctor who had poor will likely be severely curtailed. Trau- FROM HERE?’’ A month later, Oriaifo recently been the president of the medical/ ma surgeons are in all likelihood going to be helped organize the first of two votes of no dental staff, took over. She continued to pur- phased out altogether. Their special designa- confidence against David. The votes were sue David’s quality objectives, and in Feb- tion as an independent unit within the emer- largely symbolic, but they constituted a di- ruary of this year, the hospital fired Oriaifo. gency department—which has other surgeons rect demand by the doctors to the PBC to For many years, Oriaifo had also held a job on which to draw—was always an anomaly, oust David. at Providence Hospital, and the PBC admin- and outside consultants found them to be In an interview, Oriaifo contended that istration believed he wasn’t putting in the vastly inefficient. David was a failure as an administrator be- time he was being paid for at D.C. General. And in the end, the people who are going to cause he was an outsider: ‘‘Ron David just An audit concluded that Oriaifo had seen suffer the most are the city’s poor and unin- blew out of Harvard. What does he know only eight patients while working 24 hours a sured—the very people the medical staff has about D.C. General?’’ week from Oct. 15 to Nov. 15 of last year. claimed to be standing up for all along. Nevertheless, David held on to his job. Oriaifo disputed the veracity of the audit, When PBC board member Victor Freeman, and the medical staff organized a vote of sup- Mr. Chairman, I urge my colleagues to vote the medical director for quality for INOVA port for him. Then the doctors called in the aye on this bill. Health Care, voiced his support for David’s JCAHO, which sent surprise inspectors into Mr. MOORE. Mr. Chairman, I rise today in actions, the medical staff attacked Freeman, the hospital in early March, prompting yet opposition to H.R. 4942, the District of Colum- too. In a letter dated Feb. 3, 1999, Oriaifo another crisis for the beleaguered institu- bia appropriations bill. wrote to Bette Catoe, the chair of the PBC tion. board, complaining about Freeman. ‘‘How Oriaifo has since filed a $1 million whistle- As reported by the Appropriations Com- many more victims will be claimed by this blower suit against the PBC, contending that mittee, this bill contains an appropriation that scorched-earth, slash-and-burn, take-no-pris- he was fired for criticizing the hospital man- is $22 million below last year's funding level. oner tactics before someone acts to stop the agement, which he alleges retaliated against Additionally, this bill provides 7 percent less madness??’’ Oriaifo wrote. ‘‘WE ARE him, even going so far as to revoke his re- funding than the District requested. But Mr. FRIGHTENED. . . . We are UNDER SIEGE. served-parking privileges. ‘‘When you give your whole life to a service and you end it Speaker, what bothers me the most about this We are at the brink of cataclysm.... bill is its inherently undemocratic nature. H.R. PLEASE HEAR MY CRY, PLEASE HEED with a kick in the pants, it hurts,’’ he says. MY CRY!’’ Oriaifo says he was only looking out for 4942 contains dozens of general provisions David says his critics were mostly inter- patient care, calling attention to the admin- that preempt local decision-making power from ested in covering up their malfeasance and istration’s failure to respond to doctors’ the District and redistribute it to the Federal laziness. ‘‘They threw up smoke screens,’’ he complaints about a CT scanner that broke Government. Through these unnecessary and says, noting that they went after anyone down twice a week, defibrillators that mal- burdensome provisions, this legislation under- who tried to discipline them. For example, functioned regularly, and incompetent nurses in the trauma center. He says the hos- mines local control and intrudes into the inter- David says, as Freed put pressure on the nal affairs of the District of Columbia. emergency-room doctors to be more produc- pital has seen its patient count dwindle by tive and see more patients, they responded 20,000 since 1995 because the emergency room H.R. 4942 contains numerous underfunded by calling in the D.C. Office of the Inspector has been closed down repeatedly for lack of priorities, including the following cuts from last General, filing sexual harassment and dis- beds. ‘‘Is it your fault when people say you’re year's levels and the administration's requests: crimination charges against him with the not productive? The problem is not the em- A $3 million reduction in the fiscal year 2000 Equal Employment Opportunity Commis- ployees. The problem is leadership and man- agement,’’ Oriaifo contends. funding level for the program that assists Dis- sion. trict of Columbia students who must pay out- Despite the doctors’ resistance—and the To make his points, he has charts he sent dire warnings from the medical staff that the to the PBC board outlining a proposed reor- of-state college tuition costs. This funding cut ganization of the emergency department and hospital was on the brink of disaster—David is particularly insidious because the District is memos with long lists of complaints about says Freed managed to reduce waiting times not a state, and therefore local high school poor management. In the course of an inter- in the emergency room by better than 50 per- graduates do not have the access to a state view in which Oriaifo talks almost nonstop cent. system of higher education offered to students Finally, David attempted to put to rest the for three hours, it becomes clear that he be- lieves that he personally should be running in the rest of the country. Education must be constant rumors about the surgical com- one of our highest priorities as a nation, and petency of Smalls. In March 1999, the JCAHO the hospital. ‘‘I, Paul Oriaifo, was one of the had approved the hospital’s procedures for doctors who received [Capitol shooter] Rus- this bill neglects that goal. sell Weston! I was running the service of ex- reviewing Smalls’ wrong-side surgery. But No funds for adoption incentives for children cellence!’’ he says, gesticulating wildly. ‘‘We the agency evaluated only the process, not in the District of Columbia foster care system. [staff doctors] are the main engine of the the outcome, with which David was still dis- The administration requested $5 million for PBC. We revolutionized that hospital. We are satisfied. So he consulted Freeman, the PBC victims here.’’ this priority, which helps remove children from board’s quality-assurance expert, and they Since Oriaifo’s departure, the PBC’s med- the foster care system while seeking to place decided to send the case to an impartial ical staff has directed its attacks at Newton. them with a loving and stable family. committee of physicians from the D.C. Med- On July 3, Dr. Michal Young, the new presi- In addition to the concerns about funding ical Society. dent of the medical/dental staff, wrote to the Late last summer, the medical society levels, H.R. 4942 includes a number of legisla- PBC board complaining that Newton had, found significant problems with the surgery, among other wrongdoings, ignored Oriaifo’s tive riders, several of which have been at- which David used as justification to review request to volunteer in the trauma unit. tached to the bill in prior years. I support the some of Smalls’ past cases. He also ordered (Oriaifo has offered to volunteer 20 hours a amendments offered by Delegate ELEANOR the doctors to create an action plan that week in the trauma unit because of his ‘‘deep HOLMES NORTON from the District that would would prevent such mistakes in the future. commitment’’ to the hospital. He also ad- strike approximately 70 general legislative pro- In the end, though, David says, his effort to mits that by doing so, he would be able to compel the doctors to discipline themselves visions in the bill. These provisions contain keep his leadership job with the elected med- regulations and restrictions related to the man- amounted to very little. Forcing them to put ical staff.) the patients’ interests before their own, says Perhaps Newton’s biggest offense in the agement and finances of the District Govern- David, was a monumental fight. eyes of the doctors, however, was her support ment, as well as a rider that would ban the When he first came to D.C. General, David for legislation in the D.C. Council that would use of funds for activities intended to secure says, he sustained faith in the miracles per- have designated the doctors ‘‘at-will’’ em- voting representation in Congress for the Dis- formed at the hospital, where he found that ployees—which would have made them much trict of Columbia. most doctors managed to do good work easier to fire. (The legislation was with- under very difficult conditions. For a while, Mr. Chairman, the residents of the District drawn after a flurry of lobbying by the med- deserve to be represented in the Congress of he had even felt comfortable bringing his ical staff.) Late last month, the medical staff wife there for treatment for sickle-sell ane- staged a vote of no confidence against New- the United States, just like the residents of the mia. But when the medical staff failed to in- ton. Third District of Kansas deserve to be rep- stitute an effective peer-review system, Meanwhile, all the complaining by the resented. District residents deserve the right to David decided that he couldn’t maintain medical staff has had an effect in one re- advocate the support or defeat of pending leg- high standards at the hospital. He resigned spect, at least: Former CEO John Fairman islation before Congress, a right currently en- last September. In a few weeks, he will be has been removed, and now everyone from joyed by residents in all 50 states. The found- entering a seminary, where he hopes to learn the General Accounting Office to Congress is some language of healing to bring to the scrutinizing the PBC. But the end result may ing Fathers fought the Revolutionary War to practice of medicine. ‘‘It was just so not be exactly what the doctors had in mind. protest taxation without representation, and all dispiriting,’’ David says of his time at D.C. The PBC is preparing to lay off hundreds of that the District's residents are requesting is General. workers, including doctors, to avert a shut- full access to this inherent American right.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\A14SE7.029 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7597 Mr. Chairman, I have supported and will Hayworth McKinney Sensenbrenner Sawyer Stark Velazquez Hefley McNulty Sessions Schakowsky Strickland Wamp continue to support both the theory and prac- Herger Menendez Shadegg Scott Stupak Watt (NC) tice of ``home rule'' for the District of Colum- Hill (MT) Metcalf Shaw Serrano Tanner Waxman bia. The District's nearly 600,000 residents de- Hilleary Mica Shays Sherman Tauscher Weiner serve the same right to self-government that Hobson Miller (FL) Sherwood Shows Thompson (CA) Wexler Hoekstra Miller, Gary Shimkus Sisisky Thompson (MS) Weygand the rest of America enjoys. I urge my col- Holden Moore Shuster Slaughter Thurman Woolsey leagues to stand up today for the principle of Holt Moran (KS) Simpson Smith (WA) Tierney Wynn local government and the belief that all Ameri- Hooley Myrick Skeen Snyder Towns Young (AK) Horn Nethercutt Skelton cans have the inherent right to govern them- Hostettler Ney Smith (MI) NOT VOTING—13 selves without unnecessary Federal interven- Houghton Northup Smith (NJ) Becerra Klink Vento tion. Hulshof Norwood Smith (TX) Campbell Lazio Waters Mr. ISTOOK. Mr. Chairman, I urge Hunter Nussle Souder Clayton McCollum Wise Hyde Ortiz Spence Eshoo McIntosh adoption of the bill. Inslee Ose Spratt Gutierrez Neal SEQUENTIAL VOTES POSTPONED IN COMMITTEE Isakson Oxley Stabenow OF THE WHOLE Istook Packard Stearns b 1226 Jackson-Lee Pallone Stenholm The CHAIRMAN pro tempore (Mr. (TX) Pastor Stump Mrs. JONES of Ohio, Mrs. BARRETT of Nebraska). Pursuant to John Payne Sununu NAPOLITANO, and Messrs. WAMP, Sweeney House Resolution 563, proceedings will Johnson (CT) Pease HUTCHINSON, and EVANS changed now resume on those amendments on Johnson, Sam Peterson (MN) Talent Jones (NC) Peterson (PA) Tancredo their vote from ‘‘aye’’ to ‘‘no.’’ which further proceedings were post- Kasich Petri Tauzin Mrs. NAPOLITANO, Ms. DEGETTE, poned in the following order: Amend- Kelly Phelps Taylor (MS) and Messrs. EVANS, DEUTSCH, PRICE ment No. 3 in House Report 106–790 of- King (NY) Pickering Taylor (NC) Kingston Pitts Terry of North Carolina, ROTHMAN, and fered by Mr. BILBRAY of California, fol- Kleczka Pombo Thomas PAYNE changed their vote from ‘‘no’’ lowed by Amendment No. 2 in House Knollenberg Porter Thornberry to ‘‘aye.’’ Thune Report 106–790 offered by Mr. SOUDER of Kolbe Portman So the amendment was agreed to. Indiana. Kuykendall Price (NC) Tiahrt LaHood Pryce (OH) Toomey The result of the vote was announced The Chair will reduce to 5 minutes Largent Quinn Traficant as above recorded. the time for the electronic vote after Latham Radanovich Turner Stated for: the first vote in this series. LaTourette Ramstad Udall (CO) Leach Regula Udall (NM) Mr. DUNCAN. Mr. Chairman, on rollcall No. AMENDMENT NO. 3 OFFERED BY MR. BILBRAY Lewis (CA) Reyes Upton 472 I inadvertently pressed the ``nay'' button. The CHAIRMAN pro tempore. The Lewis (KY) Reynolds Visclosky I meant to vote ``aye.'' pending business is the demand for a Linder Riley Vitter Lipinski Rodriguez Walden ANNOUNCEMENT BY THE CHAIRMAN recorded vote on Amendment No. 3 of- LoBiondo Roemer Walsh The CHAIRMAN. Pursuant to House fered by the gentleman from California Lofgren Rogan Watkins Resolution 563, the Chair announces (Mr. BILBRAY) on which further pro- Lucas (KY) Rogers Watts (OK) Lucas (OK) Ros-Lehtinen Weldon (FL) that he will reduce to a minimum of 5 ceedings were postponed and on which Luther Rothman Weldon (PA) minutes the period of time within the ayes prevailed by a voice vote. Manzullo Roukema Weller which a vote by electronic device will Whitfield The Clerk will redesignate the Martinez Royce be taken on the remaining amendment amendment. Mascara Ryan (WI) Wicker McCrery Ryun (KS) Wilson on which the Chair has postponed fur- The Clerk redesignated the amend- McHugh Salmon Wolf ther proceedings. ment. McInnis Saxton Wu McIntyre Scarborough Young (FL) AMENDMENT NO. 2 OFFERED BY MR. SOUDER RECORDED VOTE McKeon Schaffer The CHAIRMAN. The pending busi- The CHAIRMAN pro tempore. A re- ness is the demand for a recorded vote corded vote has been demanded. NOES—155 on amendment No. 2 offered by the gen- A recorded vote was ordered. Abercrombie Doyle Maloney (NY) tleman from Indiana (Mr. SOUDER) on The vote was taken by electronic de- Ackerman Duncan Markey which further proceedings were post- vice, and there were—ayes 265, noes 155, Allen Engel Matsui Andrews Evans McCarthy (MO) poned and on which the noes prevailed not voting 13, as follows: Baird Farr McCarthy (NY) by voice vote. [Roll No. 472] Baldwin Fattah McDermott The Clerk will redesignate the Ballenger Filner McGovern AYES—265 Barrett (WI) Ford Meehan amendment. Aderholt Capps English Berkley Frank (MA) Meek (FL) The text of the amendment is as fol- Archer Castle Etheridge Berman Frost Meeks (NY) lows: Armey Chabot Everett Berry Gejdenson Millender- Baca Chambliss Ewing Blagojevich Gonzalez McDonald Amendment No. 2 offered by Mr. SOUDER: Bachus Chenoweth-Hage Fletcher Blumenauer Hall (OH) Miller, George In section 150, strike ‘‘Federal’’. Baker Clay Foley Boehner Hastings (FL) Minge RECORDED VOTE Baldacci Clement Forbes Bonilla Hill (IN) Mink Barcia Coble Fossella Bonior Hilliard Moakley The CHAIRMAN. A recorded vote has Barr Coburn Fowler Borski Hinchey Mollohan been demanded. Barrett (NE) Collins Franks (NJ) Boucher Hinojosa Moran (VA) A recorded vote was ordered. Bartlett Combest Frelinghuysen Boyd Hoeffel Morella Barton Cook Gallegly Brady (PA) Hoyer Murtha The CHAIRMAN. This is a 5-minute Bass Costello Ganske Brown (FL) Hutchinson Nadler vote. Bentsen Cox Gekas Brown (OH) Jackson (IL) Napolitano The vote was taken by electronic de- Bereuter Cramer Gephardt Capuano Jefferson Oberstar vice, and there were—ayes 239, noes 181, Biggert Crane Gibbons Cardin Jenkins Obey Bilbray Cubin Gilchrest Carson Johnson, E. B. Olver not voting 14, as follows: Bilirakis Cunningham Gillmor Clyburn Jones (OH) Owens [Roll No. 473] Bishop Danner Gilman Condit Kanjorski Pascrell Bliley Davis (VA) Goode Conyers Kaptur Paul AYES—239 Blunt Deal Goodlatte Cooksey Kennedy Pelosi Aderholt Biggert Callahan Boehlert DeGette Goodling Coyne Kildee Pickett Archer Bilbray Calvert Bono DeLay Gordon Crowley Kilpatrick Pomeroy Armey Bilirakis Camp Boswell DeMint Goss Cummings Kind (WI) Rahall Baca Blagojevich Canady Brady (TX) Deutsch Graham Davis (FL) Kucinich Rangel Bachus Bliley Cannon Bryant Diaz-Balart Granger Davis (IL) LaFalce Rivers Baker Blunt Chabot Burr Dickey Green (TX) DeFazio Lampson Rohrabacher Ballenger Boehner Chambliss Burton Doolittle Green (WI) Delahunt Lantos Roybal-Allard Barcia Bono Clement Buyer Dreier Greenwood DeLauro Larson Rush Barr Boswell Coble Callahan Dunn Gutknecht Dicks Lee Sabo Barrett (NE) Brady (TX) Coburn Calvert Edwards Hall (TX) Dingell Levin Sanchez Bartlett Bryant Collins Camp Ehlers Hansen Dixon Lewis (GA) Sanders Barton Burr Combest Canady Ehrlich Hastings (WA) Doggett Lowey Sandlin Bass Burton Cook Cannon Emerson Hayes Dooley Maloney (CT) Sanford Bereuter Buyer Costello

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.037 pfrm04 PsN: H14PT1 H7598 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Cox Johnson, Sam Rogers Kolbe Moakley Schakowsky [Roll No. 474] Cramer Jones (NC) Rohrabacher Kucinich Mollohan Scott Crane Kasich Ros-Lehtinen LaFalce Moore Serrano YEAS—217 Cubin Kelly Roukema Lampson Moran (VA) Shays Aderholt Goodlatte Petri Cunningham King (NY) Royce Lantos Morella Sherman Archer Goodling Pickering Danner Kingston Ryan (WI) Larson Murtha Sisisky Armey Goss Pitts Davis (VA) Knollenberg Ryun (KS) Lee Nadler Slaughter Bachus Graham Pombo Deal Kuykendall Salmon Levin Napolitano Smith (WA) Baker Granger Porter DeLay LaHood Sandlin Lewis (GA) Oberstar Snyder Ballenger Green (WI) Portman DeMint Largent Sanford Lofgren Obey Stabenow Barrett (NE) Greenwood Pryce (OH) Diaz-Balart Latham Saxton Lowey Olver Stark Bartlett Gutknecht Quinn Dickey LaTourette Scarborough Maloney (CT) Owens Stupak Barton Hansen Radanovich Doolittle Leach Schaffer Maloney (NY) Pallone Tauscher Bass Hastert Ramstad Dreier Lewis (CA) Sensenbrenner Markey Pastor Thomas Bereuter Hastings (WA) Regula Duncan Lewis (KY) Sessions Matsui Payne Thompson (CA) Biggert Hayes Reynolds Dunn Linder Shadegg McCarthy (MO) Pelosi Thompson (MS) Bilbray Hayworth Riley Ehrlich Lipinski Shaw McCarthy (NY) Pickett Thurman Bilirakis Hefley Rogan Emerson LoBiondo Sherwood McDermott Porter Tierney Bliley Herger Rogers English Lucas (KY) Shimkus McGovern Price (NC) Towns Blunt Hill (MT) Rohrabacher Etheridge Lucas (OK) Shows McKinney Rahall Udall (CO) Boehlert Hilleary Ros-Lehtinen Evans Luther Shuster Meehan Rangel Udall (NM) Boehner Hobson Roukema Everett Manzullo Simpson Meek (FL) Reyes Upton Bonilla Hoekstra Royce Ewing Martinez Skeen Meeks (NY) Rivers Watt (NC) Bono Horn Ryan (WI) Fletcher Mascara Skelton Menendez Rothman Waxman Brady (TX) Hostettler Ryun (KS) Forbes McCrery Smith (MI) Millender- Roybal-Allard Weiner Bryant Houghton Salmon Fossella McHugh Smith (NJ) McDonald Rush Wexler Burr Hulshof Sanford Fowler McInnis Smith (TX) Miller (FL) Sabo Weygand Burton Hunter Saxton Franks (NJ) McIntyre Souder Miller, George Sanchez Woolsey Buyer Hutchinson Scarborough Gallegly McKeon Spence Minge Sanders Wu Callahan Hyde Schaffer Gekas McNulty Spratt Mink Sawyer Wynn Calvert Isakson Sessions Gibbons Metcalf Stearns Camp Istook Shadegg Gilchrest Mica Stenholm NOT VOTING—14 Canady Jenkins Shaw Gilman Miller, Gary Strickland Becerra Klink Taylor (NC) Cannon Johnson (CT) Shays Goode Moran (KS) Stump Campbell Lazio Vento Castle Johnson, Sam Sherwood Goodlatte Myrick Sununu Chenoweth-Hage McCollum Waters Chabot Jones (NC) Shimkus Goodling Nethercutt Sweeney Eshoo McIntosh Wise Chambliss Kasich Shuster Goss Ney Talent Gutierrez Neal Chenoweth-Hage Kelly Simpson Graham Northup Tancredo Coble King (NY) Skeen Granger Norwood Tanner Coburn Kingston Smith (MI) Green (TX) Nussle Tauzin b 1235 Collins Knollenberg Smith (NJ) Green (WI) Ortiz Taylor (MS) Combest Kolbe Smith (TX) Gutknecht Ose Terry So the amendment was agreed to. Cook Kuykendall Souder Thornberry Hall (OH) Oxley The result of the vote was announced Cooksey LaHood Spence Hall (TX) Packard Thune Cox Largent Stearns Hansen Pascrell Tiahrt as above recorded. Crane Latham Stump Hastert Paul Toomey The CHAIRMAN pro tempore (Mr. Cubin LaTourette Sununu Hastings (WA) Pease Traficant BARRETT of Nebraska). Under the rule, Cunningham Leach Sweeney Hayes Peterson (MN) Turner Davis (VA) Lewis (CA) Talent Hayworth Peterson (PA) Velazquez the Committee rises. Deal Lewis (KY) Tancredo Hefley Petri Visclosky Accordingly, the Committee rose; DeLay Linder Tauzin Herger Phelps Vitter DeMint LoBiondo Taylor (NC) Hill (IN) Pickering Walden and the Speaker pro tempore (Mr. Diaz-Balart Lucas (KY) Terry Hill (MT) Pitts Walsh LAHOOD) having assumed the chair, Mr. Dickey Lucas (OK) Thomas Hilleary Pombo Wamp BARRETT of Nebraska, Chairman pro Doolittle Manzullo Thornberry Watkins Hobson Pomeroy tempore of the Committee of the Whole Dreier Martinez Thune Hoekstra Portman Watts (OK) Dunn McCrery Tiahrt Holden Pryce (OH) Weldon (FL) House on the State of the Union, re- Ehlers McHugh Toomey Hostettler Quinn Weldon (PA) ported that that Committee, having Ehrlich McInnis Traficant Hulshof Radanovich Weller had under consideration the bill (H.R. Emerson McIntyre Upton Hunter Ramstad Whitfield English McKeon Vitter Hutchinson Regula Wicker 4942) making appropriations for the Everett Metcalf Walden Hyde Reynolds Wilson government of the District of Columbia Ewing Mica Walsh Isakson Riley Wolf and other activities chargeable in Fletcher Miller (FL) Wamp Young (AK) Istook Rodriguez whole or in part against revenues of Foley Miller, Gary Watkins Jenkins Roemer Young (FL) Fossella Moran (KS) Watts (OK) John Rogan said District for the fiscal year ending Fowler Myrick Weldon (FL) September 30, 2000, and for other pur- Franks (NJ) Nethercutt Weldon (PA) NOES—181 poses, pursuant to House Resolution Frelinghuysen Ney Weller Abercrombie Condit Gejdenson Gallegly Northup Whitfield 563, he reported the bill back to the Ganske Norwood Wicker Ackerman Conyers Gephardt House with sundry amendments adopt- Allen Cooksey Gillmor Gekas Nussle Wilson Andrews Coyne Gonzalez ed by the Committee of the Whole. Gibbons Ose Wolf Baird Crowley Gordon Gilchrest Oxley Young (AK) The SPEAKER pro tempore (Mr. Gillmor Packard Young (FL) Baldacci Cummings Greenwood LAHOOD). Under the rule, the previous Baldwin Davis (FL) Hastings (FL) Gilman Pease Barrett (WI) Davis (IL) Hilliard question is ordered. Goode Peterson (PA) Bentsen DeFazio Hinchey Is a separate vote demanded on any NAYS—207 Berkley DeGette Hinojosa amendment? If not, the Chair will put Berman Delahunt Hoeffel Abercrombie Boucher Davis (FL) Berry DeLauro Holt them en gros. Ackerman Boyd Davis (IL) Bishop Deutsch Hooley The amendments were agreed to. Allen Brady (PA) DeFazio Blumenauer Dicks Horn Andrews Brown (FL) DeGette Boehlert Dingell Houghton The SPEAKER pro tempore. The Baca Brown (OH) Delahunt Bonilla Dixon Hoyer question is on the engrossment and Baird Capps DeLauro Bonior Doggett Inslee third reading of the bill. Baldacci Capuano Deutsch Borski Dooley Jackson (IL) Baldwin Cardin Dicks Boucher Doyle Jackson-Lee The bill was ordered to be engrossed Barcia Carson Dingell Boyd Edwards (TX) and read a third time, and was read the Barr Clay Dixon Brady (PA) Ehlers Jefferson third time. Barrett (WI) Clayton Doggett Brown (FL) Engel Johnson (CT) Bentsen Clement Dooley Brown (OH) Farr Johnson, E. B. The SPEAKER pro tempore. The Berkley Clyburn Doyle Capps Fattah Jones (OH) question is on the passage of the bill. Berman Condit Duncan Capuano Filner Kanjorski Berry Conyers Edwards Cardin Foley Kaptur Under clause 10 of rule XX, the yeas Bishop Costello Engel Carson Ford Kennedy and nays are ordered. Blagojevich Coyne Etheridge Castle Frank (MA) Kildee The vote was taken by electronic de- Blumenauer Cramer Evans Clay Frelinghuysen Kilpatrick Bonior Crowley Farr Clayton Frost Kind (WI) vice, and there were—yeas 217, nays Borski Cummings Fattah Clyburn Ganske Kleczka 207, not voting 10, as follows: Boswell Danner Filner

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.005 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7599 Forbes Maloney (NY) Roemer (H.R. 1654) to authorize appropriations for dangerous sunlight sensitivity, NASA Ford Markey Rothman the National Aeronautics and Space Admin- Frank (MA) Mascara Roybal-Allard spacesuit technology allowed him to istration for fiscal years 2000, 2001, and 2002, play outdoors for the first time in his Frost Matsui Rush and for other purposes. All points of order Gejdenson McCarthy (MO) Sabo against the conference report and against its young life. Gephardt McCarthy (NY) Sanchez More than 1,300 documented NASA Gonzalez McDermott Sanders consideration are waived. The conference re- Gordon McGovern Sandlin port shall be considered as read. technologies have benefited U.S. indus- Green (TX) McKinney Sawyer The SPEAKER pro tempore. The gen- try, improved our quality of life, and Hall (OH) McNulty Schakowsky tleman from New York (Mr. REYNOLDS) created jobs for Americans. Hall (TX) Meehan Scott The Space Shuttle program alone has Hastings (FL) Meek (FL) Sensenbrenner is recognized for 1 hour. Hill (IN) Meeks (NY) Serrano Mr. REYNOLDS. Mr. Speaker, for the generated more than 100 technology Hilliard Menendez Sherman purpose of debate only, I yield the cus- spin-offs, including a tiny 2-inch by 1- Hinchey Millender- Shows inch, 4-ounce artificial heart pump Hinojosa McDonald Sisisky tomary 30 minutes to the gentleman Hoeffel Miller, George Skelton from Texas (Mr. FROST) pending which whose technology was first used to Holden Minge Slaughter I yield myself such time as I may con- drive fuel through the Space Shuttle. Holt Mink Smith (WA) sume. Mr. Speaker, during consider- Mr. Speaker, the underlying legisla- Hooley Moakley Snyder tion will allow NASA to continue to Hoyer Mollohan Spratt ation of this resolution, all time is Inslee Moore Stabenow yielded for the purpose of debate only. ensure this Nation’s leadership role in Jackson (IL) Moran (VA) Stark (Mr. REYNOLDS asked and was space exploration and applied science. Jackson-Lee Morella Stenholm given permission to revise and extend The underlying legislation authorizes (TX) Murtha Strickland Jefferson Nadler Stupak his remarks.) funding for the Space Shuttle, Inter- John Napolitano Tanner Mr. REYNOLDS. Mr. Speaker, House national Space Station, scientific re- Johnson, E.B. Neal Tauscher Resolution 574 is a standard rule pro- search, Payload/ELV support and in- Jones (OH) Oberstar Taylor (MS) viding for consideration of the con- vestments in support at the level of the Kanjorski Obey Thompson (CA) Kaptur Olver Thompson (MS) ference report to accompany the Na- administration’s request. Kennedy Ortiz Thurman tional Aeronautics and Space Adminis- Mr. Speaker, the U.S. space pro- Kildee Owens Tierney tration Authorization Act, known as gram’s new technologies, break- Kilpatrick Pallone Towns NASA. Kind (WI) Pascrell Turner throughs in medical research and other Kleczka Pastor Udall (CO) The rule waives all points of order scientific discoveries have quite lit- Kucinich Paul Udall (NM) against the conference report and erally changed the lives of people LaFalce Payne Velazquez against its consideration. Additionally, across the globe. Lampson Pelosi Visclosky the rule provides that the conference Lantos Peterson (MN) Waters Recognizing NASA’s development of Larson Phelps Watt (NC) report shall be considered as read. noninvasive diagnostic capabilities in Lee Pickett Waxman Mr. Speaker, this House could not the life sciences, the underlying legis- Levin Pomeroy Weiner have picked a more appropriate time lation includes the House language set- Lewis (GA) Price (NC) Wexler for consideration of this conference re- Lipinski Rahall Weygand ting aside $2 million for early detection Lofgren Rangel Woolsey port. systems for breast and ovarian cancer. Lowey Reyes Wu Earlier this week, the crew of mis- Luther Rivers Wynn sion STS–106 entered the International b 1300 Maloney (CT) Rodriguez Space Station to prepare for the ar- The legislation reflects Congress’ NOT VOTING—10 rival of its first permanent crew. continued endorsement of NASA’s fast- Becerra Klink Vento Those crew members became the first er, better, cheaper concept and belief Campbell Lazio Wise humans to enter the service module that a greater number of small mis- Eshoo McCollum which will serve as a living quarters Gutierrez McIntosh sions will do more to advance certain and command and control center for scientific goals than large missions b 1252 the space station complex, an historic, launched just once every decade. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE multinational effort that is expected to Additionally, NASA has made strides create more than 75,000 jobs here at The SPEAKER pro tempore (Mr. to reduce institutional costs including home. management restructuring, facility LAHOOD) (during the vote). The chair With their scheduled return to Earth notes a disturbance in the gallery in consolidation and procurement reform. on Wednesday, I know that this House Under this legislation, they will be en- contravention of the law and rules of and this Nation wishes Commander the House. couraged to continue to pursue these Terry Wilcutt and the crew of Atlantis actions. With Congress’ commitment The Sergeant-at-Arms will remove Godspeed. to move our space program forward, those persons responsible for the dis- Since the dawn of man, the human young Americans will continue to be turbance and restore order to the gal- race has been ingrained with a fascina- lery. tion and a need to slip beyond its attracted to fields and job markets like science and engineering, areas that are b 1253 boundaries and explore the unknown. From across the continents to the key to making American industry So the bill was passed. depths of the oceans and to the far more competitive across the globe. The result of the vote was announced reaches of space, that pioneer spirit I would like to commend the gen- as above recorded. continues to this day. And its contribu- tleman from Wisconsin (Mr. SENSEN- A motion to reconsider was laid on tions and discoveries have had a sig- BRENNER) and the gentleman from the table. nificant impact on our society and our Texas (Mr. HALL) for their hard work f way of life. on this legislation. I urge my col- When Neil Armstrong took that leagues to support both the rule and CONFERENCE REPORT ON H.R. 1654, the underlying bill. NATIONAL AERONAUTICS AND giant leap for mankind on July 20, 1969, perhaps he did not realize that the Mr. Speaker, I reserve the balance of SPACE ADMINISTRATION AU- my time. THORIZATION ACT OF 2000 same technology that protected him from the harsh elements and atmos- Mr. FROST. Mr. Speaker, I yield my- Mr. REYNOLDS. Mr. Speaker, by di- phere of the Moon would one day allow self such time as I may consume. rection of the Committee on Rules, I a 6-year-old boy from Virginia Beach to Mr. Speaker, I rise in support of this call up House Resolution 574 and ask walk in the sunlight of the Earth. rule, which provides for the consider- for its immediate consideration. Just a couple years ago, Mikie Walk- ation of the conference report to ac- The Clerk read the resolution, as fol- er became the first American child to company H.R. 1654, the National Aero- lows: receive a modified space suit that pro- nautics and Space Administration Act H. RES. 574 tects him from the sun’s ultraviolet of 2000. It is especially fitting that we Resolved, That upon adoption of this reso- rays and other light sources. should consider this conference report lution it shall be in order to consider the Suffering from a genetic disorder today since our shuttle astronauts conference report to accompany the bill that causes extreme and potentially have been this week working in space

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.008 pfrm04 PsN: H14PT1 H7600 CONGRESSIONAL RECORD — HOUSE September 14, 2000 to outfit and activate the International pleased to stand in support of this rule Mr. REYNOLDS. Mr. Speaker, I yield Space Station in preparation for the and this legislation. back the balance of my time, and I first full-time crew’s arrival in early Mr. FROST. Mr. Speaker, I reserve move the previous question on the res- November. NASA has scheduled a long the balance of my time. olution. list of flights to the space station to in- Mr. REYNOLDS. Mr. Speaker, I yield The previous question was ordered. stall modules which will aid in the 2 minutes to the gentleman from New The resolution was agreed to. long-term mission of research that has York (Mr. SWEENEY). A motion to reconsider was laid on been designed specifically for this Mr. SWEENEY. Mr. Speaker, I want the table. weightlessness scientific laboratory. to thank the gentleman from New Mr. SENSENBRENNER. Mr. Speak- To fulfill these important missions of York (Mr. REYNOLDS) for yielding me er, pursuant to House Resolution 574, I the space agency, this conference this time. call up the conference report on the agreement authorizes a total of $14.2 Mr. Speaker, I rise today in support bill (H.R. 1654) to authorize appropria- billion for NASA in fiscal year 2001 and of the rule and the conference report, tions for the National Aeronautics and $14.6 billion in fiscal year 2002. the NASA Reauthorization Act. I be- Space Administration for fiscal years Mr. Speaker, this is the usual rule lieve it is a good bill and will continue 2000, 2001 and 2002, and for other pur- providing for the consideration of con- to support NASA in its science explo- poses. ference reports, and I urge its adoption. ration endeavors while maintaining the The Clerk read the title of the bill. Mr. Speaker, I reserve the balance of balance and cost effectiveness within The SPEAKER pro tempore (Mr. my time. its priorities. I want to specifically BARRETT of Nebraska). Pursuant to Mr. REYNOLDS. Mr. Speaker, I yield thank the chairman of the committee House Resolution 574, the conference 2 minutes to the gentleman from and the ranking member for their con- report is considered as having been Michigan (Mr. SMITH). tinued support of an amendment that I read. Mr. SMITH of Michigan. Mr. Speak- have had included in the legislation. (For conference report and state- er, I thank the gentleman from New There have been two major occur- ment, see proceedings of the House of York (Mr. REYNOLDS) for yielding me rences within the past 10 years that September 12, 2000, at page H7404.) this time. have proven to be a striking blow to The SPEAKER pro tempore. The gen- Mr. Speaker, I rise in support of this national security interests of our Na- tleman from Wisconsin (Mr. SENSEN- conference report and in support of the tion. First, the People’s Republic of BRENNER) and the gentleman from rule. I want to commend the gentleman China, the PRC, used information it Texas (Mr. HALL) each will control 30 from California (Mr. ROHRABACHER), obtained as a result of our cooperation minutes. chairman and also the ranking member on satellite technology to upgrade its The Chair recognizes the gentleman of the Subcommittee on Space and Aer- ballistic missile system and thereby from Wisconsin (Mr. SENSENBRENNER). onautics. I also commend the gen- improving its range and accuracy of its GENERAL LEAVE tleman from Wisconsin (Mr. booster systems. It also used informa- Mr. SENSENBRENNER. Mr. Speak- SENSENBRENNER) and the ranking mem- tion obtained as a result of deliberate er, I ask unanimous consent that all ber, the gentleman from Texas (Mr. and successful espionage efforts at our Members may have 5 legislative days HALL), for navigating this important nuclear laboratories at the Department within which to revise and extend their authorization through all the nec- of Energy in order to improve their nu- remarks on the conference report to essary hurdles and coming to the floor clear warhead arsenal. accompany H.R. 1654. today with a good bill. While I recognize the value of inter- The SPEAKER pro tempore. Is there I am pleased that an amendment as- national cooperation on our space pro- objection to the request of the gen- sisting our farmers and our ranchers I gram, it is vital that such cooperation tleman from Wisconsin? offered during the original consider- not result in the transfer of inappro- There was no objection. ation of this legislation remains in this priate technology or otherwise increase Mr. SENSENBRENNER. Mr. Speak- final package. The amendment directs the threat to U.S. national security er, I yield myself such time as I may the Administrator of NASA to discover and international peace. I believe my consume. and catalog the kind of remote sensing amendment accomplishes this by re- (Mr. SENSENBRENNER asked and information, commercial and other- quiring the Inspector General of NASA was given permission to revise and ex- wise, that might help farmers and to assess, on an annual basis, in con- tend his remarks.) ranchers determine potential crop sultation with the intelligence commu- Mr. SENSENBRENNER. Mr. Speak- shortages and surpluses and ultimately nity, NASA’s compliance with export er, I rise in support of H.R. 1654 and make decisions about how they might control laws and the exchange of tech- urge my colleagues to vote for the con- best use their land. nology and information that could be ference report so that we can send this Our ability to anticipate crop produc- used to enhance the military capacities bipartisan bill to the President and tion around the world by using remote of foreign entities. have it signed into law. sensing technologies has advanced tre- This amendment reestablishes that it This bill is endorsed by all the con- mendously over the last 30 years. We is the policy of the United States to ferees, regardless of party, in both the are now able to estimate yields of some make certain our good faith efforts to House and the Senate. I wish to express of the major crops, within plus or share our technological advances with my appreciation for the hard work of minus 10 percent 60 days before har- world partners are not turned against the gentleman from Texas (Mr. HALL), vest. That means often within 30 days us in the form of advanced military the gentleman from Tennessee (Mr. after planting, in southern climates we threat. GORDON), the gentleman from Florida can predict expected over- and under- Mr. Speaker, NASA is one of the (Mr. WELDON), and the gentleman from production before planting starts in most respected governmental institu- California (Mr. ROHRABACHER) and offer some northern areas. By keeping track tions in the world and its contributions my thanks for their services on the of what is happening on the ground, to the technological development in conference committee and their sug- with planting date, mosture, etc. we the United States are enormous. This gestions for compromise without which can predict what is happening to that amendment ensures that the reputa- we would not be on the House floor crop. Other farmers can adjust their tion so painstakingly earned is never today. plantings. We can help stop shortages tarnished again. I want to praise the In passing this bill, Congress will and excess and maximize profit. We can bill’s sponsors, especially the chairman help determine the priority invest- make sure that there is not hunger be- of the committee, for standing with us ments in science and technology need- cause of the lack of knowledge on the on this amendment and urge passage of ed to fulfill America’s future in space. part of farmers to plant the kind of this rule and this important legisla- H.R. 1654, the NASA Authorization acreage necessary to accommodate tion. Act of 2000, authorizes the activity of shortages in other parts of the world. Mr. FROST. Mr. Speaker, I would our civilian space program for fiscal Once again, I am pleased that this urge adoption of the rule, and I yield years 2001 and 2002. The bill authorizes provision has been retained. I am back the balance of my time. $14,184,400,000 for NASA in fiscal year

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.043 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7601 2001, which is about $149 million more surance activities. NASA plans to consin (Mr. SENSENBRENNER), has said than the President requested. It also spend about $1.2 billion directly mak- in support of the conference report. authorizes $14,465,400,000 for NASA in ing up for Russia’s failures. Some of The report, of course, provides a 3-year fiscal year 2002, which is $160 million this funding will result in a more capa- authorization for the National Aero- above the President’s request. ble station so it makes sense to reduce nautics and Space Administration. The bill fully funds the request for our outyear costs vis-a-vis the other Specifically, it provides a total author- human space flight, including the partners as compensation for per- ization of $42.4 billion over the period Space Shuttle and the International forming above and beyond the call of starting in fiscal year 2000 through fis- Space Station. More importantly, it duty. cal year 2002, including the authoriza- contains key policy provisions to con- In addition to the policy provisions tion of $14.184 billion for fiscal year trol cost growth and maintain the intended to improve our human space 2001 and $14.62 billion for fiscal year schedule of the International Space flight program, we have increased fund- 2002. Station. ing for the critical area of science aero- While I feel like I may be as conserv- The bill caps station costs at $25 bil- nautics and technology. These critical ative maybe as some of the other guys lion. We have slightly increased the investments are needed to build a bet- around here in the House, I still believe program reserves that a blue ribbon ter future and have produced such past and I think we are on solid ground task force argued were needed to avoid scientific and technological break- when we invest in NASA. I think it is future costs growth. Additionally, we throughs as the Topex-Poseidon space- the right thing to do, and I think espe- have added a contingency authoriza- cially it is the right thing to do now craft, which has vastly˜ improved our tion of 20 percent to address the worst knowledge of the El Nino effect and its that we finally balanced the Federal case scenarios, such as a partner’s impact on the global environment. budget, and that we are in for some withdrawal from the program or the NASA’s activities in space science years of surplus years. loss of an element during launch. We have brought us the amazing discov- Within those overall spending levels, have also protected the space station eries of distant planets and black holes the conference report fully funds design, which will remove a source of by the Hubble Space Telescope and the NASA’s major programs in both fiscal future cost growth and scheduled Chandra X-ray Observatory. Aero- year 2001 and fiscal year 2002, including delays. nautics research has improved the per- the International Space Station and By moving NASA in the direction of formance and efficiency of our military the Space Shuttle. As part of the Space a commercial Transhab structure, we and civilian aircraft, while life and Shuttle authorization, funding is pro- transfer the risks and costs of develop- microgravity research is helping chart vided for needed safety and reliability ment to any private sector entre- the growth of cancer cells. upgrades to the Shuttle. All of the preneur willing to take them. We have other accounts are also funded at or b 1315 also developed three new provisions to above the levels requested by the ad- address the Russian situation. For These additional funds will accel- ministration, including the Space years, the Russian Government has erate NASA’s Near Earth Object Sur- Launch Initiative, an initiative that is failed to provide the resources needed vey to detect asteroids and comets that intended to dramatically reduce the for the Russian Space Agency to meet may threaten Earth, to enable NASA cost of getting payloads into orbit. its obligations to the International to conduct an Earth Science Data Pur- An area of research that I am person- Space Station partnership. These fail- chase program that leverages billions ally interested in is life science and ures have cost the United States some in private investments for scientific microgravity research. I am very $5 billion and delayed the program’s purposes, to allow NASA to fund addi- pleased that the conference report in- completion by over 4 years. tional life and microgravity research- creased funding for this important re- The Russian Government recently di- ers so that the International Space search, research that has already bene- verted two progress vehicles and a Station is fully utilized for scientific fited our citizens here on Earth in Soyuz spacecraft to Mir, despite pre- benefit, and to accelerate NASA’s ef- many ways, and I am convinced that vious promises to use them to meet forts to leverage its scientific efforts to we will see even more significant ven- Russia’s obligation to the Inter- improve math and science education in tures and more safe returns on our in- national Space Station. This bill would the United States. vestment in that research once the seek to prevent recurrences by direct- Members may be pleased to hear that space station is operational. ing the highest levels of the U.S. Gov- we have authorized funding for space Among the areas receiving increases ernment to raise this issue with their grant colleges and universities, which are NASA’s educational programs. In counterparts in Russia. Hopefully, by many Members from both sides of the particular, funding for the Space Grant bringing higher level political atten- aisle have sought. program have been increased to $28 tion to the problem, we can solve it. There have been no NASA authoriza- million in both fiscal year 2001 and fis- The bill also directs the NASA ad- tion bills sent to the President since cal year 2002. That is an increase of al- ministrator to seek and renegotiate 1992. This is the first time in 8 years most $9 million over what the Presi- the appropriate international agree- that the House and the Senate have dent had requested for fiscal year 2001. ments to bring the benefits each part- managed to build a consensus about In addition to other very good fea- ner receives from its involvement in the policies and priorities that affect tures of this bill, in addition to the au- the International Space Station into the future of our space program. By thorization levels, the conference re- line with the partner’s actual contribu- passing this bill, we hope to give the port for H.R. 1654 includes a number of tions. This provision will help us re- appropriators additional tools and policy provisions. One of the policy turn the International Space Station guidance to use in their annual delib- provisions, namely section 313 on ‘‘In- partnership to the equitable foundation erations. We will provide congressional novative Technologies for Human required by the Intergovernmental guidance on a variety of space issues Space Flight,’’ was proposed by our Agreement. Simply put, the adminis- facing NASA and again demonstrate former chairman and my good friend trator would have to seek to reduce our commitment to the future of the late George Brown. Ever the vision- Russia’s utilization rights while in- science and technology in the United ary, George wished to push NASA to creasing our own and those of our other States. I urge my colleagues to adopt apply the lessons of faster, better, and partners until such time as Russia this conference report. cheaper to human space flight, so that meets all of its obligations to the Mr. Speaker, I reserve the balance of human exploration behind Earth’s International Space Station. my time. orbit could become affordable for this Last but not least, the bill directs Mr. HALL of Texas. Mr. Speaker, I Nation in the not-too-distant future. the administrator to seek to reduce yield myself such time as I may con- I will not take up a lot more time de- America’s share of the operating costs sume. tailing all the provisions included in as compensation for any additional ca- Mr. Speaker, I would like to say a H.R. 1654; the gentleman from Wis- pabilities we provide to our partners few words, add a few words to what our consin (Mr. SENSENBRENNER), the chair- through NASA’s Russian Program As- chairman, the gentleman from Wis- man, has done a very good job of that.

VerDate 11-MAY-2000 02:56 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.062 pfrm04 PsN: H14PT1 H7602 CONGRESSIONAL RECORD — HOUSE September 14, 2000 My colleagues have copies of the con- who is the chairman of this sub- science are 13 percent higher than the ference report and accompanying committee. He has provided me per- President’s request for the same year. statement of managers available to sonal guidance in this job as chairman Further, Earth science, aerospace tech- them. Instead, I would like to close by of the Subcommittee on Space and Aer- nology, and academic programs for fis- expressing my appreciation to fellow onautics and helped us be successful in cal year 2001 and 2002 have seen sub- conferees for all their hard work, in- our mission. stantial increases over the President’s cluding the gentleman from Wisconsin The bill before us now, H.R. 1654, the request. And finally, I am pleased to (Chairman SENSENBRENNER), who is not NASA authorization bill, offers the note that H.R. 1654 includes provisions only a good guy, he is very knowledge- taxpayer a true choice in advancing to ensure that cooperative agreements able. He is good to work with, and we America’s leadership role in space. I between NASA and the People’s Repub- appreciate him; the gentleman from rise in support of this bill, not because lic of China do not result in China im- California (Chairman ROHRABACHER), it is my role as chairman of the Sub- proving its space launch assets and its who worked steadily with us; the gen- committee on Space and Aeronautics ballistic missile capabilities. tleman from Tennessee (Mr. GORDON); and as a member of the team that H.R. 1654 contains a title regarding the gentleman from Florida (Mr. helped draft the legislation, but be- the International Space Station, in- WELDON); Chairman MCCAIN; Chairman cause it offers the right approach in cluding sections dealing with Russia’s FRIST; Chairman STEVENS; Senator supporting the Nation’s space explo- difficulty in meeting its obligations in HOLLINGS; and Senator BREAUX. ration requirements at a time when we the completion of the International In particular, I again want to com- find ourselves on the verge of a techno- Space Station. This issue was ad- mend the chairman for his leadership; logical and scientific epiphany. dressed by the chairman, and let me as chairman of the conference, it was a H.R. 1654 reflects a bipartisan effort, say the chairman has provided leader- difficult conference at times, but I as I said, to craft legislation enabling ship in making sure that we do have think all the conferees made a good- NASA to continue its work for the cooperation with Russia, but to be faith effort to achieve a constructive good of the Nation. Moreover, House done so in a way that is cost effective piece of legislation. and Senate conferees on both sides of for our country. Mr. Speaker, if H.R. 1654 is enacted the aisle labored for many months to We also have provisions to ensure into law, it will become the first NASA ensure that this bill strikes the right that the space station is used for the Authorization Act enacted since 1992. I balance between setting budget prior- scientific purposes that it was intended think this is quite an accomplishment. ities and meeting NASA mission needs, for and not just an engineering project, I believe that it is important for both as well as meeting the needs of our although, as an engineering project, it NASA and for the Congress that we do country to remain a leader in space ex- is certainly a fantastic and laudable enact H.R. 1654. Furthermore, I believe ploration and utilization. achievement. NASA’s Space Launch Initiative of- that the conference report for H.R. 1654 H.R. 1654 addresses the full array of fers the American people the oppor- represents a reasonable compromise elements that support NASA’s respon- tunity to change how government has that will help ensure the continued sibility for space exploration and near- conducted the launch vehicle tech- strength of the Nation’s civil space Earth space transportation missions. nology development, and through H.R. program. I urge my colleagues to sup- In the Human Space Flight section of 1654, Congress essentially codifies the port the conference report. H.R. 1654, funding for international long-standing view that government Mr. Speaker, I reserve the balance of Space Station, the Space Shuttle, Pay- launch needs can be supported by a my time. load/Expendable Launch Vehicle Sup- market-competitive space industry. Mr. SENSENBRENNER. Mr. Speak- port and Investments and support for So we have, and it is not enough, er, I yield 6 minutes to the gentleman these things, and support matches the however, to proclaim a national space from California (Mr. ROHRABACHER), President’s request for fiscal year 2001 policy. NASA must stay the course by the chairman of the Subcommittee on and fiscal year 2002. funding technology and other risk-re- Within the science and aeronautics Space and Aeronautics. duction activities that gives the broad- Mr. ROHRABACHER. Mr. Speaker, section and the technology section, the est possible applications of new space first as the chairman of the Sub- bill either matches or exceeds the technologies. committee on Space Aeronautics, I President’s request for fiscal year 2001 And so I urge my colleagues to join would like to personally thank the gen- and 2002. And even in the face of major me in supporting this regulation legis- tleman from Tennessee (Mr. GORDON), failures involving both Mars missions, lation, the first NASA authorization my ranking minority member on the we saw fit to authorize increases for bill that we have been able to get committee, for the great spirit of bi- space science by the tune of $19 million through this body in about 10 years. partisan spirit that we have shown in for fiscal year 2001 and $24 million for Mr. HALL of Texas. Mr. Speaker, I working together. fiscal year 2002, and that was above the yield 4 minutes to the gentleman from As the gentleman from Texas (Mr. President’s requested level. Tennessee (Mr. GORDON), the ranking HALL) just stated, this would be the That is, again, working together, we member of the Subcommittee on Space first authorization bill that we will realized that if we are going to be a and Aeronautics of the Committee on pass, the first NASA authorization bill successful player in space, we have got Science. that we passed since 1992, and let us all to expect that that success will come Mr. GORDON. Mr. Speaker, I rise in hope that we do this and get this with some failures, and we should build support of the conference report on through the system. But it has only upon our failures in order to have a H.R. 1654, the NASA Authorization Act been possible because of the goodwill success. of 2000. I was a conferee on H.R. 1654, and the spirit of compromise and hon- Failures do not precipitate in this and I know the work that went into est disagreement, but also honest spirit committee, bipartisan or should I say coming up with an agreement. While it of compromise that we have had work- partisan, bickering that would in some is not a perfect piece of legislation, I ing with the Members of the other way set back America’s space program. believe that it is a constructive agree- party. Instead, we see failures as a means to ment that contains a number of useful Let me thank especially the gen- learn and to move forward. It is impor- policy provisions. tleman from Texas (Mr. HALL). He is tant to note that space solar power It also establishes funding targets for sort of a treasure in this institution, a benefits from those increases that I the next 2 years, which can provide im- bipartisan treasure, let me add, in that have been talking about today, and portant direction and stability for the he has an institutional memory that this space solar power and ability to Nation’s civil space program. has served us well on this sub- relay system for energy and space solar The Statement of Managers that ac- committee and in our full committee, power development is a technology companies the conference report lays Committee on Science, and his good that I believe will help address the en- out the major funding authorizations. sense has helped guide us along here. ergy needs of our country in the future. It also describes some of the policy pro- And also, of course, the gentleman Similarly, increases have been au- visions included in H.R. 1654. As a re- from Wisconsin (Mr. SENSENBRENNER), thorized for life and microgravity sult, I will not spend a great deal of

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.047 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7603 time discussing the details of H.R. 1654; willingness to work together to try to express my continued concerns about instead, I would just like to make the get a bill through. I would also like to Section 127. Section 127 in its current following points: acknowledge the staff that worked form retains subsection (a), Replace- First, this bipartisan conference re- very hard on this, Eric Sterner on the ment Structure, which is a general pro- port endorses, and in some cases, aug- majority side and Dick Obermann. hibition against NASA’s use of funds ments, the administration’s funding I believe we have before us a good authorized for the definition, design, priorities for NASA. I am pleased that piece of legislation that the President procurement or development of an in- we can get a bipartisan agreement that should be pleased to sign into law. flatable space structure to replace any the administration’s vision for NASA It has been said several times that International Space Station compo- should be supported. this is the first NASA bill in 8 years. It nents scheduled for launch under the Second, the conference report adds may also be the first NASA bill to June 1999 Assembly Sequence. Sub- funding in several important areas. come to the floor of the House while section (b) has been revised to reflect One of these areas is in education. I astronauts are orbiting above us as we an exception to permit NASA to lease know firsthand in my district how im- speak. The Shuttle Atlantis was or otherwise use a commercially pro- portant it is that we do all we can to launched a week ago Friday, and they vided inflatable habitation module support science and math education, are completing the initial preparations under certain specified conditions. especially at some of our smaller col- for making the Space Station ready for As currently included in the June 29 leges and universities. Therefore, we a permanent crew, or a crew that will House draft, Section 128 would effec- have included increased funding for stay on orbit for 4 months that will be tively prevent NASA from jointly de- NASA’s teacher faculty preparation en- launched in November. They are cur- veloping an inflatable habitation mod- hancement programs in this bill. rently working on a lot of electrical ule with a commercial partner, even if Mr. Speaker, in addition, many Mem- work, on getting the station ready and NASA’s contribution to such joint de- bers recognize the value of the national putting a lot of supplies up there. velopment were to be constrained to space grant college and fellowship pro- I think it is a tremendous milestone NASA’s planned investment and re- gram, and the bill increases funding for that we have reached to be able to see lated costs. that worthy program. the Space Station finally coming to- NASA is currently evaluating a very We also have provided funding above gether, it has been very hotly debated serious commercial proposal. Negotia- on the floor of this body, and as well the President’s request for minority tions to date have been based on the for us to be moving ahead with impor- university research education, and we principle that NASA would agree to de- tant legislative priorities for how we have increased the funding for the ex- velop an inflatable space structure in are going to manage the Space Station. conjunction with the commercial par- perimental program to stimulate coop- One of the features in this bill that I ticipant only if NASA does not assume erative research. am quite pleased with, and I would just Another area where the conference like to echo the comments made by the costs or risk greater than those associ- has added funding is in the area of aer- ated with the baseline non-inflatable gentleman from Tennessee (Mr. GOR- onautics. We have seen the stresses habitation module. DON) about some of the educational pri- I will be introducing legislation that the air traffic transportation sys- orities in the bill, I think they are very today that will modify Section 127(b) tem is facing these days, and we all are good. I am particularly pleased about concerned about the impacts on our the feature in this bill establishing a to include an exception for joint devel- quality of life. new approach to how we handle com- opment, and a clarification that the cost restriction would apply to NASA’s b 1330 mercial space. I believe if space is ever going to be utilized the way I think planned remaining cost for the baseline That is why this conference report habitation module. significantly increases the amount of many of us would like to see it utilized, we have to really see a flourishing of That being said, I again want to com- funding for research on aircraft noise mend my colleagues on bringing this reduction, and for the development of commercial operations in space. What we are trying to do in this leg- conference report to the floor. It funds cleaner, more energy efficient aircraft islation is take a new approach as to all of NASA’s accounts, Space Station, engines. The bill also makes a signifi- how we do commercial space. I think it Space Shuttle, Space Launch Initia- cant investment of $70 million in has a tremendous potential to be suc- tive, science programs and academic NASA’s Aviation Safety Research Pro- cessful. The proof of the pudding is, of programs, at or above the President’s gram for both fiscal years 2001 and 2002. course, always in the eating, so time request. We appreciate that. I encour- Mr. Speaker, I will not take any will tell, but I was very pleased to be age a yes vote. more time to review the conference re- able to work with the minority in Mr. SENSENBRENNER. Mr. Speak- port, as I know there are others who crafting this bill, and I think it is a er, I yield such time as he may con- would like to speak. Instead, I would good future direction for NASA. sume to the gentleman from Michigan just like to close by expressing my ap- NASA is about the future, and I (Mr. KNOLLENBERG) for the purposes of preciation to my fellow conferees in think we have a lot of reasons to be a colloquy. both the House and Senate for their ef- very pleased with this bill. I encourage Mr. KNOLLENBERG. Mr. Speaker, I forts to make this a productive con- all my colleagues to support it. rise to engage the distinguished chair- ference. I am pleased that we were able Mr. HALL of Texas. Mr. Speaker, I man of the Committee on Science (Mr. to reach an agreement, and hope the yield 3 minutes to the gentleman from SENSENBRENNER) in a colloquy. House will support this conference re- Texas (Mr. LAMPSON) whose district en- Mr. Speaker, as we grapple with in- port. circles Johnson Space Center. creasing oil and natural gas prices, we Mr. SENSENBRENNER. Mr. Speak- Mr. LAMPSON. Mr. Speaker, I want must realize that the administration’s er, I yield 4 minutes to the gentleman to commend not only the ranking flawed 1997 Kyoto Protocol, if imple- from Florida (Mr. WELDON), a member member and the chairman for the sig- mented, would effectively double our of the conference. nificant work that has been done to energy costs and sacrifice millions of Mr. WELDON of Florida. Mr. Speak- bring this report to us, but all of our American jobs. As the gentleman is er, I thank the chairman for yielding colleagues on the conference com- aware, many people are deeply con- me time, and I rise in strong support of mittee for bringing the first conference cerned over administration efforts to this legislation. report for our NASA authorization bill implement the protocol prior to Senate I, too, would like to commend the in 8 years. I know the amount of time ratification as mandated by the Con- chairman and the ranking member of and hard work that each put into this stitution. the full committee and as well the bill, as well as the tremendous work of Section 315 of the NASA reauthoriza- chairman of the subcommittee, the the committee staff, especially on our tion legislation would provide $5 mil- gentleman from California (Mr. ROHR- side, Dick Obermann, and I appreciate lion for research on the carbon cycle ABACHER), and the ranking minority every bit of it. and carbon sequestration. Sound sci- member, the gentleman from Ten- I look forward to lending my support entific research on the mapping and nessee (Mr. GORDON), for the bipartisan to this conference report, but I want to monitoring of vegetation and its role

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.049 pfrm04 PsN: H14PT1 H7604 CONGRESSIONAL RECORD — HOUSE September 14, 2000 in the carbon cycle is to be com- ica’s students are falling behind their request by $19 million in fiscal year mended. However, modeling and re- counterparts around the world in areas 2001 and $24 million the subsequent search should not cross the line and of math and science education. It is no year. For Earth science programs, the delve into carbon trading. longer a luxury to demand excellence conference report increases the Presi- Mr. SENSENBRENNER. Mr. Speak- in science and mathematics; it is an dent’s budget request by $25 million in er, will the gentleman yield? absolute necessity. fiscal year 2001 and $25 million in the Mr. KNOLLENBERG. I yield to the The 100th Anniversary of Flight Edu- subsequent year 2002. gentleman from Wisconsin. cation Initiative will use the history of So, by authorizing these NASA fund- Mr. SENSENBRENNER. Mr. Speak- flight and the benefits of flight on ing levels, the research at Goddard will er, I share the concerns of the gen- science and mathematics and scientific advance our understanding of our glob- tleman from Michigan, and as the principles that are underlying the al environment system. It will also de- chairman of the Committee on Science, flight to generate interest among stu- termine how the Earth has evolved, I want to assure the gentleman that dents in math and science education. and observe how we interact with other there was no intent to and indeed this This initiative provides an excellent planets. bill does not authorize modeling or re- opportunity to recapture our young Mr. Speaker, I support the funding search into carbon trading. people’s interests in the wonders of levels and the provisions in this con- Mr. KNOLLENBERG. Mr. Speaker, flight and space exploration and rekin- ference report, and I urge my col- reclaiming my time, I thank the gen- dle their interests in math and science. leagues to support this conference re- tleman from Wisconsin for his atten- Mr. Speaker, I commend the commit- port as well. tion to this matter. tee’s leaders for including this impor- b 1345 Mr. HALL of Texas. Mr. Speaker, I tant provision in the bill, and encour- Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman from age my colleagues to support this con- yield 4 minutes to the gentlewoman North Carolina (Mr. ETHERIDGE), a ference report. from Texas (Ms. JACKSON-LEE), a sup- member of the committee. Mr. SENSENBRENNER. Mr. Speak- porter of NASA and the space station. Mr. ETHERIDGE. Mr. Speaker, I er, I yield 3 minutes to the gentle- (Ms. JACKSON-LEE of Texas asked thank the gentleman for yielding me woman from Maryland (Mrs. MORELLA). and was given permission to revise and time. Mrs. MORELLA. Mr. Speaker, I want extend her remarks.) Mr. Speaker, I rise today in support to thank the gentleman for yielding me Ms. JACKSON-LEE of Texas. Mr. of this conference report and to discuss time. Speaker, let me congratulate the one of the important initiatives which Mr. Speaker, I rise in support of the chairman of the committee and the it contains. As has been said, this is conference report for H.R. 1654, the ranking member, along with the sub- the first NASA reauthorization to pass NASA Authorization Act of 2000. I want committee Chair and ranking member. Congress since 1992, and I want to con- to certainly commend the chairman of I believe this is a day of great celebra- gratulate the chairman and ranking the Committee on Science, the gen- tion and commemoration. For we hope, Democratic members on the Com- tleman from Wisconsin (Mr. SENSEN- as this bill is supported by our col- mittee on Science and the subcommit- BRENNER); and the committee ranking leagues, as I ask for their support, that tees, on which I have the pleasure of member, the gentleman from Texas this may be the first NASA space au- serving, for the accomplishment of (Mr. HALL); as well as the chairman of thorization bill that gets to the Presi- have gotten this bill here. the Subcommittee on Space and Aero- dent since 1992. This is not a perfect bill, but I think, nautics, the gentleman from California Mr. Speaker, I rise in support of this on balance, it represents significant (Mr. ROHRABACHER); and the sub- legislation in particular because of the progress. This bill increases funding for committee ranking member, the gen- work that has been done by the con- many important priorities, including tleman from Tennessee (Mr. GORDON), ference committee, particularly noting space science, Earth science, aerospace for their dedication and their efforts in that the conference report includes a technology, science grants, Histori- bringing this bill to the floor. $6.3 billion amount for the Inter- cally Black Colleges and Universities In my home State of Maryland, we national Space Station, and $9.45 bil- and other vital initiatives. are proud to have the Goddard Space lion for the Space Shuttle. As the former superintendent of Flight Center, the centerpiece of Now, there needs to be some sub- North Carolina’s schools, I am particu- NASA’s Earth science enterprise. The stance behind these numbers. Many of larly pleased by the improvements in space science research that is per- my colleagues from Texas, and I appre- the educational provisions of this bill, formed at Goddard is vital, not just for ciate very much the steadfastness of and I am proud to discuss an important NASA, but for our country. From the the ranking member on behalf of the education initiative that I rec- Hubble Space Telescope to the Earth various space centers throughout our ommended and the committee accepted Observing System’s Mission to Planet country, which include, of course, Mar- that is a part of this bill. Earth to the Tracking and Data Relay shall and Kennedy and, of course, This bill directs NASA to develop an Satellite System, which is NASA’s pri- Johnson Space Center, that deal par- education initiative for our Nation’s mary satellite communications sys- ticularly with our Space Shuttle and, schools in recognition of the 100th an- tem, Goddard’s capabilities and func- as well, our International Space Sta- niversary of the first powered flight tions are entirely unique to all of tion. which will take place on December 17, NASA’s 10 space centers. Mr. Speaker, I am gratified for the 2003. On this date in 1903, Orville and The work at Goddard allows us to an- investment, because my concern has Wilbur Wright took their dreams of swer the unexplained questions of our always been that we need to build lead- powered flight from the drawing boards universe and help predict the future of ers for space and science in the future; of their bicycle shop to the Crystal our planet. So I am pleased that the and out of this funding for the NASA Coast of North Carolina. On that day, funding levels in this conference report space effort comes the recognition that our world was changed forever. The an- allow Goddard to continue fulfilling its we must support, historically sup- niversary of this historic accomplish- vital scientific research mission. porting Asian, Hispanic and African ment provides an excellent opportunity H.R. 1654 provides a healthy 2-year American colleges. There is $54 million for our Nation’s schools to promote the authorization of appropriations for to provide for the research and edu- importance of math and science and NASA at $14.184 billion for fiscal year cation of young people at these institu- education. 2001, and $14.625 billion for fiscal year tions. I am very gratified that institu- Mr. Speaker, America’s future will 2002. These funding levels represent an tions like Texas Southern University, depend on our ability to adapt to increase over the amount requested by Oakwood College in Huntsville, Texas change in technology that will domi- the President of almost $150 million in Southern University being in Houston, nate life in the 21st century. Our Na- fiscal year 2001 and $160 million in fis- Texas, will be able to access these dol- tion’s record economic growth is being cal year 2002. Specifically, for NASA’s lars to provide opportunities for young fueled by gains in the technology sec- space science programs, the conference students to come in and actually con- tor, but recent studies show that Amer- report increases the President’s budget front the issues of space.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.052 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7605 I am gratified, likewise, that we have hearing with much concern. The Johnson simply wish to add some general com- the dollars to begin to assess the needs Space Center in Houston, Texas has been ments about it. of training our young people in the pri- designated the lead center for management of First of all, I want to congratulate mary and secondary schools in math the Space Station program. the chairman of the Committee on and science. The health of America's space program is of Science for successfully, for the first Mr. Speaker, just an hour or so ago I vital concern to all of the Members of the time in almost a decade, getting a con- was listening to a technology con- House Science Committee. This concern is ference report on NASA authorization ference that spoke about the need of strongly felt by those of us on the Sub- with the Senate’s cooperation. I believe improving the scores of our young peo- committee on Space Aeronautics because we this is a good omen for the future, and ple in primary and secondary education are charged with the heavy responsibility of I certainly congratulate the chairman in math and science. The only way we recommendation and oversight of the United for his hard work and his success. can do it is if we focus on it; and I am States involvement in space exploration. Over the past half century, America very delighted that NASA funding in The last time a NASA reauthorization bill has led the world in science. Also dur- an educational component mentioned reached the president was in 1992. Since ing that half century, space science has by my colleague will include the oppor- then, funding and policy decisions for NASA captured the imagination of the Amer- tunity for us to make it interesting to have been made in the VA±HUD appropria- ican public to a greater extent than study math and science. tions bill. any other scientific work that we have I do want to note the Johnson Space This agreement authorizes $42.4 billion for performed. Taking a trip to the Moon Center and many of the sort of com- FY 2000 through FY 2002 for the National was a momentous event, not only for plementary efforts that it has made Aeronautics and Space Administration our Nation, but for our entire planet; with our school districts, and I look (NASA)Ðincluding $13.6 billion in FY 2000, and we continue to bask in that accom- forward to that work being done even $14.2 billion in FY 2001 and $14.6 billion in plishment today. more. FY 2002. The FY 2001 authorization is ap- However, now we are down to the I do want to note as well that the proximately $149 million more than the admin- hard work of not only exploring space, conference report does not include a istration's request, $430 million more than the but learning more about our universe prohibition on the use of funds for the House-passed bill and $220 million more than through experimentation in space. This Triana satellite program, and I believe the Senate version. The agreement provides is grinding hard work, perhaps not as that was a prudent decision by the con- approximately $160 million more than the glorious as going to the Moon, but ex- ferees. We must keep our resource president requested in FY 2002, $780 million tremely important; and I am very choices open in the area of space explo- more than in the House-passed bill and $410 pleased that this bill will increase our ration, especially in light of the recent million more than the Senate-passed measure. ability to perform space science as the discoveries on the surfaces of Mars and FY 2000 authorizations, reflecting the FY United States, with the cooperation of the Moon. There was a vigorous debate 2000 appropriations, include $5.5 billion for other nations, during the next half cen- about that, and I am delighted that we Human Space Flight, $5.6 billion for Science, tury. It will be a long time before we have been able to secure the funding Aeronautics and Technology, $2.5 billion for engage in interplanetary travel, so we for the Triana program. I think it is Mission Support and $20 million for the NASA will not have that spectacular show for vital and necessary. Inspector General. some time; but we will get a lot accom- I am, however, concerned that the The authorization total of $2.1 billion is pro- plished in space thanks to this bill, and agreement still retains a House provi- vided for the international space station in FY it will provide a great deal of knowl- sion prohibiting the use of funds for 2001 and $1.9 billion in FY 2002. The agree- edge that will be very useful to our Na- the development of Trans-Hab, an in- ment includes a cost cap of $25.0 billion for tion and to the people of our planet in flatable space structure to replace any development of the international space station. the future as we continue to expand baseline module on the space station. I Space shuttle launch costs connected with as- the boundaries of our knowledge and think that there is some light at the sembly of the space station are capped by the find uses for the results that we find. end of the tunnel, because there is the agreement at $17.7 billion. Mr. HALL of Texas. Mr. Speaker, I opportunity to produce this privately; Unlike the House-passed bill, the agreement yield 2 minutes to the gentleman from but I hope to join the gentleman from does not include a prohibition on the use of Connecticut (Mr. LARSON). Texas (Mr. LAMPSON) in hoping that we funds for the Triana satellite program, which I (Mr. LARSON asked and was given can also engage with public funds to do believe to be a prudent decision by the con- permission to revise and extend his re- this important work. ferees. We must keep our research choices marks.) Finally, I would say that many peo- open in the area of space exploration espe- Mr. LARSON. Mr. Speaker, I rise in ple question what we do with monies cially in light of the recent discoveries on the strong support of the conference report when we give it to the space station surface of Mars and the Moon. and add to the chorus of extending my and the Space Shuttle. I am reminded The agreement retains the House provision personal gratitude for the outstanding of the great strides we have made in di- prohibiting the use of funds for the develop- leadership performed by the gentleman abetes research, heart research, HIV/ ment of Trans-Hab, an inflatable space struc- from Wisconsin (Mr. SENSENBRENNER), AIDS research, cancer research; but ture, to replace any baseline module on the the chairman of the Committee on the most important aspect of what we space station. The agreement, however, does Science, and the gentleman from Texas do is to keep America in front of the permit NASA to lease a privately developed (Mr. HALL), the ranking member, and technological curve and to work with Trans-Hab. the other distinguished members of the our partners to develop opportunities I believe that the reauthorization of NASA is conference committee and the Com- in enhancing environment, better fuel long overdue, but that it is better that the mittee on Science in general for their resources, and training our young peo- 106th Congress took its time to act than to hard work. ple for the work of the 21st century. I have not acted at all in this vital area of our I also would like to commend di- congratulate our committee, and I nation's interest. rectly the men and women of NASA hope the President will sign this bill. I thank the conferees for their dedication in and their visionary leader, Adminis- Mr. Speaker, I rise in strong support of the completing the work on this legislation and trator Dan Goldin. His vision of aero- passage of H.R. 1654, the Conference Report would urge all of my colleagues to vote in space as a commercial industry, and as on NASA Reauthorization. When the House favor of its passage. continued space exploration, the con- passed the bill by a vote of 259±168 on May Mr. SENSENBRENNER. Mr. Speak- fluence in coming together of bio- 19, 1999 and the Senate amended the bill and er, I yield 2 minutes to the gentleman technology, information technology, passed it by unanimous consent on Nov. 5, from Michigan (Mr. EHLERS), the vice and the nanosciences is what places 1999 it became obvious that this is a bipar- chairman of the Committee on Science. this country on the cutting edge of tisan measure in the truest sense. Mr. EHLERS. Mr. Speaker, I thank technology. Because of the strategic location of the con- the chairman for yielding me this I have had the opportunity to bring stituents of the 18th Congressional District of time. our astronauts to our schools. These Houston, Texas, both physically and passion- We have heard a great deal of discus- heroes of space exploration indeed are ately to America's space effort, I approach this sion about the specifics of this bill. I an inspiration to all of our children.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.069 pfrm04 PsN: H14PT1 H7606 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Now, this is just a small portion of the Earth for distribution on the Internet, but Doolittle Kleczka Rangel Doyle Knollenberg Regula what NASA does for the continuing will also include instruments to study solar in- Dreier Kolbe Reyes education of our children, especially in fluences on climate, ultraviolet radiation, space Duncan Kucinich Reynolds the critical areas of math and science. weather, and the microphysical properties of Dunn Kuykendall Riley I would also like to thank very much clouds. I thank my colleagues in the Senate Edwards LaFalce Rivers Ehlers LaHood Rodriguez the conference committee for including for taking the partisanship out of this important Ehrlich Lampson Rogan the ultra-efficient engine technology. program. Emerson Lantos Rogers As Administrator Goldin has pointed This conference report also authorizes sig- Engel Largent Rohrabacher out, when it comes to engine tech- nificant funding for the Science, Aeronautics, English Larson Ros-Lehtinen Etheridge Latham Rothman nology, there is no greater core science and Technology Account. The $2.3 billion for Evans LaTourette Roukema that goes into the creation of machine Space Science will insure that the Hubble Everett Leach Roybal-Allard than that science, math and engineer- Space Telescope Program continues to pro- Ewing Levin Royce ing capability that goes into the mak- Farr Lewis (CA) Rush vide us with phenomenal data over the next Fattah Lewis (GA) Ryan (WI) ing of aircraft. ten years. It is crucial that Hubble's successor, Filner Lewis (KY) Ryun (KS) Again, I commend the chairman and the Next Generation Space Telescope, receive Fletcher Lipinski Sabo the entire committee. the necessary support to match and surpass Foley LoBiondo Salmon Mr. HALL of Texas. Mr. Speaker, I Forbes Lofgren Sanchez Hubble's success. In addition, the $1.5 billion Fossella Lowey Sandlin yield back the balance of my time. for NASA's Earth Science programs will insure Fowler Lucas (KY) Sawyer Mr. SENSENBRENNER. Mr. Chair- that programs like the Landsat, a cornerstone Franks (NJ) Lucas (OK) Saxton man, I yield myself the balance of the of NASA's Earth Science Enterprise, can con- Frelinghuysen Luther Scarborough time, just to say that this is a good Frost Maloney (CT) Schakowsky tinue to study the Earth's global environment, Gallegly Maloney (NY) Scott bill, it is an excellent compromise, it is and that the Terra Satellite, which has been Ganske Manzullo Sensenbrenner something that has been done for the vital in the past week in fighting wild fires in Gejdenson Markey Serrano first time in 8 years. I urge the mem- the west, receives the funding necessary for Gekas Mascara Sessions bership to support it. Gephardt Matsui Shadegg continuing operations. Gibbons McCarthy (MO) Shaw Mr. COOK. Mr. Speaker, H.R. 1654, the Na- I urge my colleagues to support this con- Gilchrest McCarthy (NY) Shays tional Aeronautics and Space Administration ference report and support NASA as we con- Gillmor McCrery Sherman Authorization Act is a fiscally responsible Gilman McDermott Sherwood tinue to explore our last frontier. Gonzalez McGovern Shimkus space bill that not only authorizes appropria- Mr. SENSENBRENNER. Mr. Speak- Goode McHugh Shows tions for NASA, but also imposes rules and re- er, I yield back the balance of my time, Goodlatte McIntyre Shuster strictions on the space agency to ensure ap- and I move the previous question on Goodling McKeon Simpson propriate spending of federal funds. Gordon McKinney Sisisky the conference report. Goss McNulty Skeen As a member of the House Committee on The previous question was ordered. Graham Meehan Skelton Science, and as a member of the Space and The SPEAKER pro tempore (Mr. Granger Meek (FL) Slaughter Aeronautics Subcommittee, I am very con- LATOURETTE). The question is on the Green (TX) Meeks (NY) Smith (MI) cerned that NASA receives adequate funding. Green (WI) Menendez Smith (NJ) conference report. Gutknecht Metcalf Smith (TX) Citizens of the United States benefit economi- The question was taken; and the Hall (OH) Mica Smith (WA) cally from the many technologies learned Speaker pro tempore announced that Hall (TX) Millender- Snyder through space exploration. Much of today's the ayes appeared to have it. Hansen McDonald Souder technology came from the space program, and Hastings (FL) Miller (FL) Spence Mr. KOLBE. Mr. Speaker, I object to Hastings (WA) Miller, Gary Spratt much of tomorrow's technology will come from the vote on the ground that a quorum Hayes Minge Stabenow research taking place today. These new tech- is not present and make the point of Hayworth Mink Stearns nologies will not only make our lives better but Hefley Moakley Stenholm order that a quorum is not present. Herger Mollohan Strickland also will increase health and medical ad- The SPEAKER pro tempore. Evi- Hill (IN) Moore Stump vances, labor and time saving devices, trans- dently a quorum is not present. Hill (MT) Moran (KS) Stupak portation and improve communication devices. The Sergeant at Arms will notify ab- Hilleary Moran (VA) Sununu Clearly, the new technologies generated from Hilliard Morella Sweeney sent Members. Hinchey Murtha Talent our space program greatly impact our eco- The vote was taken by electronic de- Hinojosa Myrick Tanner nomic growth and our ability to remain com- vice, and there were—yeas 399, nays 17, Hobson Nadler Tauscher Hoeffel Napolitano Tauzin petitive in the world marketplace. not voting 17, as follows: Additionally, the bill will set a spending cap Hoekstra Neal Taylor (MS) [Roll No. 475] Holden Nethercutt Taylor (NC) on Space Station development thereby forcing Holt Ney Terry YEAS—399 our foreign partners to live up to their commit- Hooley Northup Thomas ments. Abercrombie Boehner Collins Horn Norwood Thompson (CA) Aderholt Bonilla Combest Hostettler Nussle Thompson (MS) Mr. Speaker, it is vital for the U.S. to remain Allen Bonior Condit Houghton Oberstar Thornberry on the cutting edge of scientific discoveries Andrews Bono Cook Hoyer Obey Thune and technological advances, and H.R. 1654 Archer Borski Cooksey Hulshof Olver Thurman provides the funding to ensure that NASA Baca Boswell Costello Hunter Ortiz Tiahrt Bachus Boucher Cox Hutchinson Ose Tierney spearheads both of these efforts. I urge my Baird Boyd Coyne Hyde Owens Toomey colleagues to support this Act and safeguard Baker Brady (PA) Cramer Inslee Oxley Towns the future of generations to come. Baldacci Brady (TX) Crane Isakson Packard Traficant Baldwin Brown (FL) Crowley Istook Pallone Turner Mr. HOYER. Mr. Speaker, I rise today in Ballenger Brown (OH) Cubin Jackson (IL) Pascrell Udall (CO) support of H.R. 1654, the NASA Reauthoriza- Barcia Bryant Cummings Jackson-Lee Pastor Udall (NM) tion bill. This is an exciting week to bring this Barr Burr Cunningham (TX) Payne Upton legislation to the floor as the crew of the Barrett (NE) Burton Danner Jefferson Pease Velazquez Bartlett Buyer Davis (FL) Jenkins Pelosi Visclosky Space Shuttle Atlantis prepares the Inter- Barton Callahan Davis (IL) John Peterson (MN) Vitter national Space Station for full-time service. In Bass Calvert Davis (VA) Johnson (CT) Peterson (PA) Walden addition to the Space Station, this bill provides Bentsen Camp Deal Johnson, E. B. Petri Walsh Bereuter Canady DeGette Johnson, Sam Phelps Wamp funding for NASA's other priorities including Berkley Cannon Delahunt Jones (NC) Pickering Waters the Space Shuttle Program and for the Earth Berman Capps DeLauro Jones (OH) Pickett Watkins and Space Science program. Berry Capuano DeLay Kanjorski Pitts Watt (NC) I opposed this legislation when the House Biggert Cardin DeMint Kaptur Pombo Watts (OK) Bilbray Carson Deutsch Kasich Pomeroy Waxman first took it up because of efforts to kill the Bilirakis Castle Diaz-Balart Kelly Porter Weiner Triana Satellite Mission. Triana, a project di- Bishop Chabot Dickey Kennedy Portman Weldon (FL) rected by the Scripps Institution of Oceanog- Blagojevich Chambliss Dicks Kildee Price (NC) Weldon (PA) raphy in La Jolla, California in conjunction with Bliley Clayton Dingell Kilpatrick Pryce (OH) Weller Blumenauer Clement Dixon Kind (WI) Quinn Wexler the Goddard Space Flight Center in my Dis- Blunt Clyburn Doggett King (NY) Radanovich Weygand trict, would provide not only a real-time view of Boehlert Coburn Dooley Kingston Rahall Whitfield

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.072 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7607 Wicker Woolsey Young (AK) On the other hand, I want my col- Ron served both sides of the aisle in Wilson Wu Young (FL) Wolf Wynn leagues to know and I want everybody an appropriate manner. He was not to know that those of us on this side of only a time keeper, a controller of NAYS—17 the aisle who happened to be on the emotions in the back of the room, but Barrett (WI) Lee Sanders gentleman’s side of the aisle and need- he was a good advisor. Chenoweth-Hage McInnis Sanford ed a question answered felt very com- I had the opportunity of having Ron Coble Miller, George Schaffer Conyers Paul Stark fortable talking to Ron Lasch. Because join us on several of our CODELs where DeFazio Ramstad Tancredo Ron Lasch, although he served in a he added a great deal and was able to Frank (MA) Roemer partisan role, clearly felt himself an exchange thinking with parliamentar- NOT VOTING—17 institutional person who wanted to fa- ians overseas. Ackerman Ford Martinez cilitate the workings of this institu- So I thank the gentleman for raising Armey Greenwood McCollum tion on behalf of the American people. this. We wish Ron good health and hap- Becerra Gutierrez McIntosh I want to join the gentleman from piness in his retirement. Campbell Klink Vento California (Mr. THOMAS), the chairman Mr. THOMAS. Mr. Speaker, I yield to Clay Lazio Wise Eshoo Linder of the Committee on House Adminis- the gentleman from Arizona (Mr. tration in saying that we share his con- KOLBE). b 1424 gratulations and appreciation for all Mr. KOLBE. Mr. Speaker, I thank the Mr. HASTINGS of Florida changed the work that Ron Lasch has done and gentleman for yielding. his vote from ‘‘nay’’ to ‘‘yea’’. the service that he has performed for Mr. Speaker, I say I can say without So the conference report was agreed everybody on the floor of the House fear of contradiction that I probably to. and for the American public. have known Ron Lasch longer than any The result of the vote was announced Mr. KASICH. Mr. Speaker, will the other person in this Chamber because as above recorded. gentleman yield? Ron Lasch and I came to Congress to- A motion to reconsider was laid on Mr. THOMAS. I yield to the gen- gether as pages just a few months the table. tleman from Ohio. apart when we were at the age of 16 f Mr. KASICH. Mr. Speaker, I happen years. to know Mr. Lasch is, in fact, seeing Earlier this summer we did some CONGRATULATING RON LASCH ON this telecast, and he ought to come to tributes to Ron Lasch but, of course, he HIS RETIREMENT the floor if he can. But I think that chose, as he has today, to not be here (Mr. THOMAS asked and was given what is most important about Ron on the floor. permission to address the House for 1 Lasch is that, as he sat in the back, he Mr. THOMAS. Mr. Speaker, reclaim- minute.) was always kind of a governor on some- ing my time, we almost got him. Mr. KOLBE. Mr. Speaker, if the gen- Mr. THOMAS. Mr. Speaker, I have times the crazy emotions that this tleman will continue to yield, we al- asked to speak out of order for 1 House gets itself whipped up into. most got him today. The gentleman is minute because there is a situation What Ron Lasch is always able to do is to really, he has been around so long, absolutely right. here on the floor that may not recur So I would simply repeat what I said again. There are many new Members is to be so grounded and to imme- diately translate a sense of responsi- in that tribute, and that is that this here who are beginning to learn that body is poorer for his absence; and we this institution could not run without bility and a sense of self-control and a sense of humility to every Member. If have been richer as an institution for the staffs that sometimes are never ac- what he brought to this body, the sense knowledged or recognized but go about Ron looked one in the eye and called one on something, one listened to him. of calm, the sense of history, the sense their work very quietly and efficiently. of understanding of where this place is Unfortunately, someone who had Because he had seen so much, and he had such a great sense of this place. and where it is going. been of great assistance to our side of I think that he has elevated and has the aisle for more than 42 years decided Many times, Members of Congress get, as we all do in life, get full of our- leavened this body I think substan- to leave just as quietly and efficiently tially. I believe that the House of Rep- as he had carried out his job over the selves. Ron Lasch is one guy that al- ways said, Wait a minute. Remember, resentatives will miss him tremen- years. I am not able to deal with the ef- dously. I know all of us individually ficiency of his leaving, but I do think you came in here. It is a privilege to serve, and you are going to leave this will. I wish him well. we can deal with the quietness. Mr. THOMAS. Mr. Speaker, just let place. And trust me, when you go out Somewhere back there is the gen- me say that, as we move into this pe- the door, you are only what you are tleman by the name of Ron Lasch. I riod in which demands are going to be when you came in the door, just an- would ask Ron Lasch to come to the made that are actually inhumane and other human being trying to do a job. floor. Mr. Speaker, as usual, Ron Lasch we expect materials to be prepared in is not to be found. But for 42 years, he b 1430 absolute time frames, for those staff provided this House with good counsel And he is a great, great guy, I think who are here and continue to carry on and assistance in doing our jobs. one of the best that we have ever had the work, I just think that they also There are a number of people who in this House; and the House will very need to get recognition, credit, and a make our jobs possible who do not get much miss him. But I have a suspicion ‘‘thank you’’ ahead of time. All too the desired or needed or worthy rec- that he will move in and out. often we fail to say, it is not just us. ognition. I just thought it would be To the younger Members, they Because, without them, it would not be nice, since he may not be able to be should avail themselves of Ron Lasch us. here again or he will not be here again in these last couple weeks that he will Mr. Speaker, I yield to the gentleman after this particular occasion, to say to be around this floor. from California (Mr. HORN). one of our long-time employees, thank Speaking for many of the Members Mr. HORN. Mr. Speaker, I commend you very much, Ron Lasch. who have been here for a long time, I Ron Lasch. He is a real loss to our Mr. HOYER. Mr. Speaker, will the think it would be fair for me to say, Chamber. We all know him as an insti- gentleman yield? Ron Lasch, thank you, God bless you, tutional citizen dedicated to the House Mr. THOMAS. I yield to the gen- and Godspeed. of Representatives and dedicated to tleman from Maryland. Mr. THOMAS. Mr. Speaker, I yield to legislative government. Mr. HOYER. Mr. Speaker, I am sorry the gentleman from New York (Mr. On a trip to Australia and New Zea- that Ron is not on the floor, but I want GILMAN). land where we met with cabinet min- to rise on behalf of all of us on this side Mr. GILMAN. Mr. Speaker, I thank isters and members of their parliament of the aisle. The gentleman from Cali- the gentleman for bringing Ron’s name who had made their governments more fornia indicated that Ron Lasch has before us once again. He left us so sud- effective and efficient, Ron was a great been helpful to his side. That is of denly, none of us really had an oppor- asset to us given his knowledge about course very true. He is, after all, as- tunity to wish him well or to say a comparisons he had seen in other parts signed that responsibility. proper goodbye. of the world.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.035 pfrm04 PsN: H14PT1 H7608 CONGRESSIONAL RECORD — HOUSE September 14, 2000 He knew the great history of the There was no objection. report includes three bills that have al- House of Representatives. He was dedi- f ready been passed by the House. cated. He is a very humble person, who As my colleagues know, Mr. Speaker, CONFERENCE REPORT ON H.R. 4516, helped many of us when as newcomers the House has passed all 13 of our ap- LEGISLATIVE BRANCH APPRO- we sought this advice. And anyone that propriations bills. We also passed the PRIATIONS ACT, 2001 did not ask his advice should have be- major supplemental that was requested cause they would then have learned Mr. YOUNG of Florida. Mr. Speaker, by the President this year. We have al- what kind of fine institution is the pursuant to House Resolution 565, I call ready considered the conference report House of Representatives. He provided up the conference report on the bill on that supplemental and on the De- good advice to those who wanted to be- (H.R. 4516) making appropriations for fense appropriations bill and the Mili- come effective legislators. the legislative branch for the fiscal tary Construction appropriations bill. It is good to see Ron back. I hope that he year ending September 30, 2001, and for And so, we are on the move here. will take these various encomiums with the re- other purposes. I am happy to report that this con- spect and affection of his elected friends as he The Clerk read the title of the bill. ference report includes the Legislative retires from the House that was his home for The SPEAKER pro tempore. Pursu- Branch appropriations bill and also the so long. ant to the rule, the conference report is Treasury Postal bill, which funds in Mr. THOMAS. Mr. Speaker, reclaim- considered as having been read. part the executive offices of the Execu- ing my time, I thank the gentleman for (For conference report and state- tive Branch of Government, including his comments. ment, see proceedings of the House of the White House. Mr. Speaker, I want to thank the legislative day of July 26, 2000 at page Chair of the Committee on Appropria- H7095.) It also includes a bill that was passed tions and the ranking member for al- The SPEAKER pro tempore. The gen- in the House by a vote of 420–2 on re- peal of the Spanish-American War tax lowing us to disrupt the proceedings. tleman from Florida (Mr. YOUNG) and on telephone services. f the gentleman from Wisconsin (Mr. OBEY) each will control 30 minutes. And so, we have those three bills that GENERAL LEAVE The Chair recognizes the gentleman passed the House with substantial Mr. YOUNG of Florida. Mr. Speaker, from Florida (Mr. YOUNG). votes included in this conference re- I ask unanimous consent that all Mem- (Mr. YOUNG of Florida asked and port. Even the Treasury Postal bill bers may have 5 legislative days within was given permission to revise and ex- passed the House by a vote that could which to revise and extend their re- tend his remarks.) be considered a landslide relative to marks regarding consideration of the Mr. YOUNG of Florida. Mr. Speaker, previous votes. We passed that bill by a conference report to accompany H.R. I yield myself such time as I may con- vote of 216–202. That is a lot better vote 4516 and that the gentleman from sume. than we usually get on that bill. Never- North Carolina (Mr. TAYLOR) and the Mr. Speaker, I am very happy to theless, we have worked hard with our gentleman from Arizona (Mr. KOLBE) bring this conference report to the counterparts in the other body, and we may include tabular and extraneous House. It was ready for consideration bring this conference report today. material. by the House before we recessed for our Mr. Speaker, I include for the The SPEAKER pro tempore (Mr. respective political conventions. But RECORD the following table for the LATOURETTE). Is there objection to the because of the schedule, we are just Treasury and General Government Ap- request of the gentleman from Florida? now getting to it today. The conference propriations Bill, 2001:

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.078 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7609

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.080 pfrm04 PsN: H14PT1 H7610 CONGRESSIONAL RECORD — HOUSE September 14, 2000

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.080 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7611

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.080 pfrm04 PsN: H14PT1 H7612 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of chitect’s construction projects. With- my time. my time. out the ability to hold contractors to Mr. OBEY. Mr. Speaker, I yield my- Mr. YOUNG of Florida. Mr. Speaker, schedules and funding limitations, we self 2 minutes. I yield 5 minutes to the gentleman are totally vulnerable to mismanage- Mr. Speaker, as of this point, we have from North Carolina (Mr. TAYLOR), who ment and lax supervision. This provi- 2 of the 13 appropriation bills which chairs the Subcommittee on Legisla- sion is aimed at improving the Archi- must pass by October 1 actually tive Branch Appropriations, which is tect’s control over his construction re- through the system. Both of those bills the primary vehicle for this conference sponsibilities. fund the same department. Other than report. The conference report does not in- that, we have a lot of bills that are Mr. TAYLOR of North Carolina. Mr. clude merger of the Capitol, Library, still caught midstream at various Speaker, first I would like to thank and GPO police, nor does the report in- points between the two Houses. again our staff and ranking members clude the human resources legislation This bill is, unfortunately, part of an for the cooperation in the Legislative for GAO. unfortunate process under which deci- Branch bill. The GAO matter may surface again sions have evidently been made to send The conference agreement appro- at a later date. A few matters need to yet more bills down to the President priates $2.53 billion for fiscal year 2001. be worked out, and I am confident we which will be veto bait rather than Compared to FY 2000, including can accomplish that in the future. We bills that will be likely to become law. supplementals, the conference report is have asked the Comptroller General to That does nothing to put us any clos- an increase of $40 million, about 1.6 concentrate on that. er to getting our work done by the end percent. The agreement includes an emer- of the fiscal year. And I regret that. In personnel, the conference report gency FY2000 supplemental appropria- The legislative appropriations bill cuts 47 equivalent jobs. There are no tion of $2.1 million for congressional started out as a bill which every single layoffs or RIFs, and all COLAs are and Library of Congress security and $9 Member of the minority side was will- funded. million for urgent repairs at the Can- ing to sign and send on to the other Since 1994, we have cut 4,222 jobs non garage. body and the President. Unfortunately, throughout the legislative branch. it was been packaged with a number of That is a reduction of 15.2 percent. No In summary, Mr. Speaker, the bill other unrelated items, other appropria- other branch of the Federal Govern- provides $2.53 billion. It is 7.3 percent tions bills, as well as tax provisions ment comes close to that amount of below the request of the President’s which have no business in the bill. downsizing undergone by the legisla- budget. And FTE levels have been re- In essence, at this point, this dog has tive branch. duced by 47. three tails and no legs. It is not going The conference report includes funds The bill maintains a smaller legisla- anywhere. And the sooner we dispose of for the further development of the Na- tive branch as established by the poli- it, the sooner we can get back to re- tional Digital Library program with cies set in the 104th Congress, and it ality. the Library of Congress. This project is provides stability to those operations I do not expect, unfortunately, that laying the foundation for integration that must support our legislative we are going to see many Members on of the Internet and our educational needs. this side voting for this bill because it, system. I include for the RECORD the fol- unfortunately, is another exercise in There is also a provision requiring lowing table that tabulates the funding futility at this point. penalty clauses to be placed in the Ar- agreement:

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.081 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7613

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.084 pfrm04 PsN: H14PT1 H7614 CONGRESSIONAL RECORD — HOUSE September 14, 2000

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.084 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7615

VerDate 11-MAY-2000 01:55 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.084 pfrm04 PsN: H14PT1 H7616 CONGRESSIONAL RECORD — HOUSE September 14, 2000

VerDate 11-MAY-2000 03:01 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.084 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7617 Mr. Speaker, I urge the adoption of from Arizona (Mr. KOLBE), the distin- implement regulations clarifying what the conference report. guished chairman of the Subcommittee constitutes a satisfactory record of in- Mr. HOYER. Mr. Speaker, on behalf on Treasury, Postal Service, and Gen- tegrity and business ethics for Federal of the gentleman from Wisconsin (Mr. eral Government and the bill that contractors, also known as the black OBEY), I yield 5 minutes to the distin- funds the White House, the President’s listing provision. It does not include guished gentleman from Arizona (Mr. activities. the provision prohibiting the use of PASTOR), the ranking member of the Mr. KOLBE. Mr. Speaker, I thank the funds to provide preferential treatment Subcommittee on Legislative Appro- gentleman from Florida (Mr. YOUNG) for the acquisition of firearms or am- priations. for yielding me this time. munition. It does not include any pro- Mr. PASTOR. Mr. Speaker, I thank Mr. Speaker, I am very pleased this visions relating to reforms of the Fed- my colleague for being so kind in yield- afternoon to rise to talk about that eral Elections Commission, including ing to me. part of this conference report that cov- the provision on the use of government Mr. Speaker, first of all, let me ers the 2001 Treasury Postal Service aircraft by House and Senate can- thank the gentleman from North Caro- and General Government appropria- didates. lina (Mr. TAYLOR), the chairman, for tions bill. This is a bill that is strong Conversely, this agreement does in- the manner in which he conducted on law enforcement. It is tough on clude current law from both the prohi- business with the ranking member on guns and it supports a policy of zero bition and use of funds for abortion as the minority side of the subcommittee. tolerance on drugs. well as a requirement that health ben- He was very inclusive, and we were Now, the President has said that he efit plans provide contraceptive cov- able to work out the differences as we will sign all reasonable appropriation erage. It does include a 1-year exten- proceeded with this bill and at con- bills this Republican Congress sends to sion of the pilot project for child care ference had a very good bill. him. and it does include current law as en- I also want to thank Ed Lombard, Mr. Speaker, this is exactly what he acted in 1999 for the Kyoto protocol. who was assisted by Kit Winter and asked for. It is reasonable in every Mr. Speaker, I know that some of my Tom Martin, for the professionalism sense of the word, as I will attempt to colleagues on the other side of the aisle that was displayed in developing this describe here. Our part of this con- are going to cry foul about this bill. bill. ference report is fiscally responsible They are going to claim the conference On the minority side, I would like to and it is completely free of any and all agreement was put together in the thank Mark Murray, who worked with controversial legislative riders. dead of night without their participa- my assistant, Eve Young. They pro- Let me just take a moment to de- tion. Well, we did work long hours and in- vided countless hours of guidance and scribe a little bit of the nuts and bolts deed some of those hours were in the assistance to the minority. of the measure. First of all, overall it middle of the night in order to put to- Mr. Speaker, when this bill started, has $15.6 billion in support of the agen- gether this responsible bill, but the it had a very bad allocation. There was cies that are covered by our appropria- truth is, and my colleagues know this, a concern about the security, the safe- tions subcommittee. It is $1.9 billion, or 13.8 percent above the 2000 enacted that they were invited to participate at ty of the House, of the Capitol. As we every step of the way. For every meet- proceeded with this bill, it got better. level. It is 5.4 percent or $900 million below the President’s request but it is ing that was scheduled with the Sen- At conference, we had restored many ate, they and their staffs were invited of the cuts that were initially in the also $1.228 billion above what we first initially passed in the House. to attend. bill. We were able to maintain security The fact is, they declined to partici- Some of the increases over the 2000 by providing enough money to have the pate. They declined our invitation to enacted levels include these: $449 mil- required two policemen at every door. participate. lion for U.S. Customs Service, includ- b 1445 Now, I also suspect my colleagues ing not less than $258 million for the will claim, as they already have, this We were able to fund CRS to the level badly needed Customs automation pro- bill is headed for a veto because it fails in which it would not have layoffs. We gram, particularly the new one called to fund must-have items requested in were able to give to the Members’ ac- ACE or Automated Customs Environ- the President’s budget. The fact is, we counts enough money so they could ment; $204.9 million for the Bureau of do not know if the President will veto provide cost of living raises for their Alcohol Tobacco and Firearms; $423 this measure. Through the grapevine staff. We worked it out with the Sen- million for IRS to support ongoing ef- we have heard several variations of the ate, and the conference report was a forts for organizational modernization; position of the White House. very good one. $15.2 million for the HIDTA, the High First, they thought this was a rea- As we were leaving the conference re- Intensity Drug Trafficking Area pro- sonable bill, albeit somewhat short port, we asked the chairman what was gram, a total of $206.5 million for that; when it came to funding new employ- going to happen to the bill and he, in a $10 million increase for the Drug Free ees in the IRS. We were led to believe his wisdom, said we do not know how Communities Act; $142 million for the the administration wanted to add back many flies are going to be on this dog. Secret Service to support their ongoing or add an additional $100 million. Then That is how we left the conference. protective operations as well as the we heard the White House wanted $300 Well, Mr. Speaker, the conference is work that they do with school vio- million, some for IRS, some for Ar- that today we are here and could have lence; a total of $276 million as an ad- chives, some for Treasury law enforce- passed a legislative branch bill that vance appropriation for fiscal year 2002 ment. Finally, we heard the White would have served this House very for four new courthouses for a total of House does not really have a specific well, but the leadership has decided to $472 million in fiscal year 2001 for four list of must-have programs they be- add the Treasury Postal bill and also new courthouse projects, two new bor- lieve are underfunded but rather there the telephone excise tax bill. It will be der stations, the continuation of FDA is a general list of must-have items with great reluctance that the minor- consolidation and the construction of that now totals between $729 million ity side will probably not support this ATF headquarters. and $783 million, more than half of conference bill because of the manner Lastly, let me just mention that which would go to courthouse con- in which the Treasury Postal bill was there is $88 million to begin the work struction. developed. So I will ask my colleagues and restoration of the National Ar- Regardless of courthouses, this con- on our side of the aisle that even chives headquarters and protection of ference agreement funds 8 projects, one though we have a very good legislative our charters of freedom. more than the President requested. branch bill, the concerns of the Treas- In terms of legislative items as com- Now, some will say that we are playing ury Postal bill that has been tacked on pared to the House-passed bill, this games with the numbers because we to this bill gives enough concern in agreement does not include any provi- forward funded four projects. The fact which we may not want to support it. sions related to the Cuban sanctions. It is of those four projects, one of them, Mr. YOUNG of Florida. Mr. Speaker, does not include provisions related to the largest one, in Miami at $122 mil- I yield 6 minutes to the gentleman the prohibition on the use of funds to lion, has a lot of controversy about it

VerDate 11-MAY-2000 03:01 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.085 pfrm04 PsN: H14PT1 H7618 CONGRESSIONAL RECORD — HOUSE September 14, 2000 and it has a difficult time in the au- That was the majority’s observation, Mr. Rossotti. I know I do. Further- thorization process. It made sense to not mine. But they brought a bill to more, the gentleman from Texas (Mr. actually forward fund this one. the floor which was $464 million low on ARCHER) does, and Mr. ROTH does. They Let us be honest about who is playing IRS. I am going to talk about that in a believe he is doing the kind of job that games and using gimmicks. It is not second. It ended up being more than they expected to be done if we were the Committee on Appropriations. that because we cut $25 million on the going to meet our responsibilities There is one fact and one fact only that floor to add to HIDTAs. So it was $491 under the Reform and Restructuring has kept us from passing this bill soon- million low on IRS when it left this Act and have an IRS that was taxpayer er. The White House will not give us a House. friendly; that is to say that answered position on the bill. They will not Now, we did not have convened a con- questions in a timely fashion, re- specify what items which might cause ference in the sense that we had two sponded to taxpayers and were able to them to veto this measure. They will bills. There were meetings. That is cor- go personally over tax returns with not sit down and negotiate with us. In rect. There were invitations to come to taxpayers who had a particular prob- all my years on appropriations, I have meetings, some of which were at- lem. not seen a time when the White House tended. The final conference or what- b 1500 outright refused to give a position on ever conference occurred, I was not at. the bill, but this is apparently the year The perception of the gentleman from After the conference was brought where they simply refuse to come to Arizona (Mr. KOLBE) is that is by back to the floor and I expressed my the table and negotiate in good faith choice. I think that is from his stand- concern that I had not seen the con- on this appropriation bill. I urge my point. I understand that perception. ference, had not talked about the con- colleagues to support this conference But it was also a choice that was made ference, I asked Mr. Rossotti, I said report so we can get on with the busi- in the context that we really did not does this allow you to do what we ex- ness of Congress. know what was going on, and there pect you to do? Here was his comment Mr. OBEY. Mr. Speaker, I yield 12 were no discussions with us as to ex- in a letter to me of September 8, 2000: minutes to the distinguished gen- actly what was to be added. The gen- ‘‘Please recognize that this level of tleman from Maryland (Mr. HOYER). tleman from Arizona (Mr. KOLBE) rep- funding, that is the funding level, that Mr. HOYER. Mr. Speaker, the gen- resents there were discussions with the is provided for in this conference re- tleman from Arizona (Mr. KOLBE) and I White House. The White House is not port, would lead to a further decline in are not managing this conference re- for these numbers in this bill, still the already low levels of compliance port, as was noted. In fact, it is being thinks they are substantially low, as I activity.’’ managed by the gentleman from Wis- think the gentleman from Arizona (Mr. I have an article which indicates that consin (Mr. OBEY) and the gentleman KOLBE) knows. some people are saying that there is from Florida (Mr. YOUNG). That is a Now, the legislation bill comes back $300 billion in uncollected but due reve- testimony to the process, the con- to us $1.2 billion over what the House nues. Why is that? Because compliance voluted process, that has brought us to passed, mostly Republicans but some levels are so low and audit levels are this floor today. shamefully low. I think the chairman The gentleman from Arizona (Mr. Democrats as well. That $1.2 billion was added essen- knows that. PASTOR) rose and said that this was tially without participation of a full Mr. Rossotti, who is a Republican, never considered in the legislative bill hired as a manager, a business manager to be added. As far as I know, it was conference. That should not happen. There were an additional $18.8 million to carry out reform and restructuring never considered in the legislative con- and taxes modernization, says without ference, not the conference that I par- that included projects and priorities of various Members, none of whom were funding for the Staffing Tax Adminis- ticipated in. At no time did the legisla- tration for Balance and Equity Initia- tive conference meet and add this as a Democrats on this side of the aisle. That should not happen. tive, otherwise known as STABLE, the part of its bill. IRS effort to provide increased service I am on the legislative committee, at Let us deal now with the IRS within to taxpayers and reduce the decline in least as far as I was invited to. I do not the time frame that we have, because audit coverage are at risk. know whether the gentleman from Wis- that is really the most important issue Substantively, the administration consin (Mr. OBEY) was invited to a con- that we deal with in this bill. It is, has a problem with this bill unrelated ference of the legislative committee or after all, the agency that collects all to politics. I share that view. So that the gentleman from Arizona (Mr. PAS- the revenue that allows all of us who in sum on the IRS title of this bill, we TOR), but I think the answer to that is support a ready and appropriate na- no. tional defense to fund it. Education, are dangerously low in providing serv- Notwithstanding that, I and the gen- health services, law enforcement, all ices to the American taxpayer, and I tleman from Arizona (Mr. KOLBE) have the other items for which government had a discussion with the gentleman tried to work together to try to bring is responsible, IRS has to collect the from Texas (Mr. ARCHER) on this. I this bill to a point where we could all money. think he shares my view that it is in- support it. Very frankly, I think that Now, we adopted a vision of a new sufficient to carry out their duties. that is possible. I think it is still pos- IRS and the gentleman from Ohio (Mr. Mr. Speaker, courthouses, the chair- sible. PORTMAN) and others, the gentleman man mentioned the courthouses. The I talked to the Speaker about it just from Maryland (Mr. CARDIN), a lot of administration asks for seven court- an hour and a half ago. I am sorry that others, brought this to the floor. We houses to be funded. The conference re- we are here today in a mode of not had a bill. We passed that bill. port, frankly without discussion as to being in agreement on this bill. The budget recommendations of the what courthouses we were talking So, first of all, the process has been Portman report were, and I quote, the about, came back and funded four very convoluted. The Senate, of course, commission recommends that Congress courthouses. Now, that courthouse list has not considered this bill on the floor provide the IRS certainty in its oper- is an interesting list: California, Wash- and there was no real conference on a ational budget. We recommend the IRS ington, Virginia and ends with Mis- Senate bill and a House bill and the dif- budget for tax law enforcement and sissippi; the next, D.C., Buffalo, Spring- ferences. processing assistance and management field, Miami. There is a list of 19 court- This process, from the very begin- be maintained at current levels. houses that are in the mix and deemed ning, has been a difficult one, if not in- Why? Because they said in order to not by any politicians for pork pur- correct one. In the committee’s report carry out our responsibilities in pass- poses, but by the GSA and by the court when we came to the floor on this bill, ing this reform and restructuring bill, administration as being priority needs. the committee said we needed $1.3 bil- we need to have consistent and appro- We are not going to do all of those, lion more, I think they were correct, at priate budget levels. but the conference, the so-called con- least $1.3 billion more, to meet the re- Now, around that time we hired a ference, again, without any discussion sponsibilities of our committee and of gentleman named Rossotti, Charles with me or other members on our side the agencies that we fund. Rossotti. I think the chairman respects of the aisle, decided that we were going

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.088 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7619 to fund four and forward fund for oth- this bill to conference and sit down and and that is why I think we need to ers. Now, forward funding adopts the discuss it and come up with a bill on work with Mr. Rossotti and managers premise that these are necessary, but which we could all agree or, in the al- at the IRS to get a better handle on ex- we are going to fund them next year. ternative, defeat this conference re- actly how this money they are asking So, in effect, we are using next year’s port. for, this STABLE, for this new large money this year. That is what forward Mr. YOUNG of Florida. Mr. Speaker, number of 2,500 new employees would funding means. I yield such time as he may consume to actually be used, and what they would That is somewhat of a gimmick, a the distinguished gentleman from Ari- actually do. We have not been able to budget gimmick; and I know many of zona (Mr. KOLBE), the chairman of the really get a clear understanding of the conservative action team has de- Subcommittee on Treasury, Postal what this would be all about. cried budget gimmicks. But now guess Service and General Government. On construction, the gentleman from what, and I hope that my conservative Mr. KOLBE. Mr. Speaker, I want to Maryland talked about forward funding action team friends are listening, in respond to a few of the things said by and what a gimmick this is. Mr. Speak- addition to that, we have now moved my colleague, the gentleman from er, the President had in his request $477 the dates for paying veterans com- Maryland (Mr. HOYER), my friend, who million of forward funding requested pensation, SSI, and other pensions I have a great deal of respect for. We for the FDA consolidation mostly, but from one year to another. just happen to disagree about this bill for some other GSA projects. So please, The problem with doing that is we and the way it has come to the body. I do not tell us that forward funding is a changed it in the supplemental the wished we could be in more complete gimmick. It is a commitment by this other way just a few months ago. Now, agreement about it. body that we are going to do the next I do not know how many people know First, with regard to the funding for set of four courthouses. that that is in this bill. It surely was IRS. Let us be clear. We have an agen- And as I suggested, the one that is not in the bill when it left here. It was cy that has 95,000, that is 95,000, em- the largest by far in there is one that never discussed in any conference in ployees. It is not a small agency. It is has not been authorized, has not been which I participated, and it was never also one in which I think most of us approved by the authorizing com- informed to me that this was hap- have recognized over the years, that is mittee, and so it is not really in a posi- pening. why we passed the modernization legis- tion to go forward during the coming Mr. Speaker, I do not think there is lation, it has been one that has been year anyhow. probably a Member on the floor that too bureaucratic, too hard to move Lastly, with regard to counterter- knows that that has happened; maybe around, to difficult in order to get a rorism, in the emergency supplemental the chairman does, it has not been dis- handle on it. So I do not think that the bill, we had $55 million for cussed. issue really is adding more employees. counterterrorism. There is a request In addition, we shift $2 billion in this It is making better use of the dollars, now for some additional amounts of bill out of defense into nondefense do- better use of technology, better use of money, but I do not think that this mestic discretionary spending so that management techniques more than Congress has failed to step up to the we can solve a firewall problem in the anything else. plate, has failed to understand the need United States Senate. I cannot believe Mr. Speaker, I would also note with to have a strong effort in counter- that the Contract With America that regard to the employees that were sug- terrorism. Once again, we need to have wanted to have a pristine process open gested to be added, that the President a better idea of how this money is and cleared to all without gimmicks originally asked for this in the emer- being used. We need to see where it is that, of course, Democrats were alleged gency supplemental. Now, they were going before we just simply give a to perpetrate on the Congress, would not in there. He signed that bill. They blank check to this administration or support these provisions in this bill. were not in there, so all of this plan any other administration. That is our Mr. Speaker, obviously, one could go that is being asked for, the so-called job as appropriators to do that. on for a long time and talk about the program of STABLE, was going to be I believe that this bill is a very re- necessity of these bills; but one of the for annualizing these employees. sponsible one. I believe it is one that items that is not in this bill that the Since they were not there to begin Members of this body can and should administration feels very strongly with, we cannot be talking about ana- support. And I urge my colleagues to about and may well veto this bill on lyzing them; but we cannot get a han- support it. alone is the absence of the response to dle on what it is we really need. They Mr. OBEY. Mr. Speaker, how much the counterterrorism initiative in- will not tell us how much it is we real- time do I have remaining? cluded in the administration’s request. ly have to have. So we know that the The SPEAKER pro tempore (Mr. There was some response in the con- amount that is requested for this pro- LATOURETTE). The gentleman has 121⁄2 ference report, but we left out the larg- gram is wrong. It is not the correct minutes remaining. est part of the administration’s amount, because it was to annualize a Mr. OBEY. Mr. Speaker, I yield my- counterterrorism request. We think program that has not even begun. self 3 minutes. that is a problem. We cannot start off with everybody Mr. Chairman, let me simply say The last thing I would indicate again on board in the first day. again the record is clear the adminis- in a process that is supposed to be an Let me just talk about IRS accounts tration wants additional money for the appropriations process, we have added overall, and I think one of the things IRS. This bill provides and wants addi- a tax provision to this bill that was that I have learned as Chair of this tional money to deal with the Puerto never discussed in the legislative con- committee, it is the biggest agency Rican elections, and it wants addi- ference. It was never discussed in any that we have. It is one of the hardest tional money to deal with Treasury Postal conference, and any- agencies to get your hands around and antiterrorism. body who gets on this floor and says your arms around in terms of under- This bill makes a substantial reduc- that was a conferenced item that was standing it. tion in our antiterrorism appropria- agreed to by any conferees on the Mr. Speaker, now I think we have tions. We had a lot of talk last year Democratic side in an open way is sim- done a pretty good job in the informa- around New Year’s about whether or ply incorrect. It was never, ever dis- tion technology. We have had some bad not we expected terrorists activities. cussed. times in the past, but we have been Those, in fact, did not occur. It is no I would hope that my chairman able to get a pretty good handle on the accident that they did not occur. would not make such a representation, information technology account. But I We cannot talk in public about some because he knows that would be not do not think we are there yet with the of the things that the administration is true. I do not know how that provision personnel account, those that fund trying to deal with in this category, became an emaculate conception on things such as processing and manage- but it would seem to me that before this bill, but it is now on this bill. ment and the enforcement. anyone considers reducing this ac- So for all of those reasons, I would We do not have a real good handle. count, they ought to have the briefing hope that we would either recommit We need to do better in that regard, that the administration is asking to

VerDate 11-MAY-2000 02:56 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.091 pfrm04 PsN: H14PT1 H7620 CONGRESSIONAL RECORD — HOUSE September 14, 2000 provide, because I think it will bring People like the Wildensteins of New York held in trust.’’ He continues to operate the into substantial question the decision City. That would be Alec and his former wife private, secretive art business started by his made in this bill to cut that account. Jocelyne, who became a staple of the New grandfather in the nineteenth century, with Mr. Speaker, I would also simply say, York tabloids during an unseemly divorce galleries in New York, Beverly Hills, Tokyo, the gentleman from Maryland (Mr. that raged from the fall of 1997 until the and Buenos Aires, catering to private collec- spring of 1999. tors, museums, and galleries. And while he HOYER) has already referred to this, I Alec, born in 1940, is an heir to his family’s spends a lot of his time in Paris, a good want to insert in the RECORD at this century-old, intensely-private, multibillion- chunk of his money resides in secret Swiss time an article entitled ‘‘Taxfree Mil- dollar international art business. Jocelyne, bank accounts. lionaires by Donald Bartlett and James four years his junior, is best known for hav- Tucked away in family storerooms, nota- B. Steel.’’ ing undergone countless plastic surgery pro- bly in New York, is reportedly the world’s [From the Washington Monthly, Sept. 2000] cedures that make her look more feline, per- largest private collection of the works of the manently, than any member of the cast of masters—valued at $6 billion to $10 billion. TAX FREE MILLIONAIRES—HOW THE SUPER Cats. Her bizarre appearance inspired the The inventory includes thousands of paint- RICH GET AWAY WITHOUT PAYING ANY TAXES tabloids to dub her ‘‘The Bride of ings and drawings by Renoir, Van Gogh, (By Donald L. Barlett and James B. Steele) Wildenstein.’’ Cezanne, Gauguin, Rembrandt, Rubens, El Tax fraud is exploding in the United For the Wildensteins, the once impen- Greco, Caravaggio, da Vinci, Picasso, Manet, States. In ways large and small, Americans etrable curtain that had protected the fam- Bonnard, Fragonard, Monet, and others. are cheating like never before. One of every ily from prying eyes for generations was un- Many have never been displayed publicly. three people, perhaps as many as one of expectedly pierced on the night of September In 1990, Daniel’s sons Alec and Guy took every two, is doing it. It’s one of Washing- 3, 1997, when Jocelyne returned to the cou- over management of the New York gallery. ton’s dirty little secrets, a ticking time ple’s opulent Manhattan home after a visit Their families maintained separate living bomb with the potential to destroy the coun- to the family’s 66,000-acre ranch in Kenya. quarters in the East 64th Street townhouse. try’s tax system and to undermine essential Walking into the six-story townhouse on They shared the swimming pool in the base- government programs like Social Security. East 64th Street, next door to the ment, the informal and formal dining rooms, Disguised by a robust economy and record Wildenstein gallery, a few minutes after the foyer, elevator, and the entrance to the tax collections, fraud is growing at an expo- midnight, she found her husband in bed with townhouse. Alec and Jocelyne lived on the nential pace among all groups, with more a nineteen-year-old, long-legged blonde. third floor, their two children had bedrooms and more income concealed from the IRS Alec hastily wrapped himself in a towel, on the fifth floor, and Jocelyne used the each year. grabbed a 9mm handgun and pointed it at his sixth floor as an office. In addition to the How bad is it? No one can put a precise wife and her two bodyguards. ‘‘I wasn’t ex- Manhattan townhouse, they maintained a number on lost tax revenue. But it’s bad, and pecting anyone,’’ he screamed with a touch castle, the chateau Marienthal, outside getting worse. Even the IRS, which doesn’t of understatement. ‘‘You’re trespassing. You Paris, an apartment in Switzerland, and the like to acknowledge this problem for fear it don’t belong here.’’ The bodyguards sum- Kenya ranch. will only encourage more taxpayers to cheat, moned the police, who arrested Alec and Wherever they happened to be, the admitted in 1999 that the ‘‘tax gap,’’ its eu- charged him with three counts of second-de- Wildensteins pursued a lifestyle that was phemism for fraud and error, is now up to gree menacing. lavish even by the standards of the rich and $195 billion a year. But that is based on data So it was that the French-born, aristo- famous. The details, as they poured from from the 1980s. A more reasonable count of cratic Alex Nathan Wildenstein, having trad- Jocelyne’s lips in the divorce proceeding, the revenue lost every year is $300 billion. ed his towel for an Armani suit and a mono- told the story of a family of seemingly un- If Tax Dodging Inc. were a business, it grammed shirt, spent the night in the Tombs limited wealth and no hesitation about would be the nation’s largest corporation, prison with some of New York’s low life. If spending it. According to her, she and Alec eclipsing General Motors, which sits atop the nothing else, the incarceration gave him ‘‘routinely wrote checks and made with- Fortune 500 with revenue of $189 billion. time to plot his revenge. When he got out drawals’’ from their Chase Manhattan Bank How do people escape paying the taxes the next day, he moved quickly. He canceled checking account ‘‘for $200,000 to $250,000 a they owe? They inflate their itemized deduc- his wife’s credit cards. He cut off her tele- month.’’ Jocelyne said that over the last 20 tions for everything from medical bills to phone lines, locked all the rooms in the years they did ‘‘millions of dollars worth of charitable contributions. They manufacture townhouse except for her bedroom and sit- renovations on the Paris castle and Kenya deductions to cover expenses never incurred. ting room, shut off her access to bank ac- ranch,’’ and she directed the management, They understate their income. Or they do counts, directed the chauffeur to stop driv- hiring, and staffs of those properties. The both. They ship their money to foreign tax ing her around, fired her accountant, and, in routine operating costs of the ranch alone havens. They claim illegal refunds. They one final act of retribution, ordered the ran $150,000 a month. speculate in the stock market and don’t re- household chefs to stop cooking for her, In New York, Jocelyne’s staff payroll at port their gains. They charge off their per- which proved a major inconvenience because the 64th street townhouse included $48,000 a sonal living costs as business expenses. And she had never learned how to operate the year for a chambermaid; $48,000 for a maid many don’t even bother to file tax returns at stove. who tended the dogs; $60,000 each for a butler all. Jocelyne responded by turning up the tem- and chauffeur; $84,000 for a chef; $102,000 for How many nonfilers are there today? The perature a few hundred degrees on what had an assistant with an MBA; and $102,000 for a IRS doesn’t have a clue. In part, that’s be- been one of the quietest divorce proceedings secretary. cause Congress has slashed the agency’s ever among the rich and discreet. As a re- In Kenya, their vast Ol Jogi ranch, with its budget, halting the kind of audit that would sult, life among the Wildensteins—a family two hundred buildings spread over an area make even crude projections possible. Infor- that for more than a century had guarded its five times the size of Manhattan, required mally, government tax authorities say there privacy with a pathological obsession—went nearly four hundred employees to look after are 10 million nonfilers. In truth, there are on public display. the grounds and the animals. many more, and here’s why: Jocelyne demanded a $200,000 monthly liv- In France, the resident staff at the cha- The IRS identifies a nonfiler as a person ing allowance, payment of her personal teau, ‘‘the largest private home of its type who fails to submit a tax return even though staff’s salary and expenses, and a $50 million within a fifteen-minute drive of Paris,’’ in- a third party has filed an earnings statement security deposit pending distribution of the cluded five gardeners, three concierges, and (W–2) or information return reporting inter- marital property. Alec pleaded poverty. He three maids. est or dividends (Form 1099) that shows the insisted he had no money of his own and that Talk did not come cheap for the person received income during the year. This the millions they spent came form his fa- Wildensteins. The annual telephone bill in narrow definition ignores all those who leave ther. Manhattan alone sometimes ran as high as no paper trail. These are the people for The Wildenstein Family Circus that fol- $60,000. And then there were all the other ne- whom there are no W–2s, or 1099s, no record lowed established conclusively, one or more cessities, like $547,000 for food and wine; of wages, annuities, gambling winnings, pen- time, that the rich are very different from $36,000 for laundry and dry cleaning; $60,000 sions, interest, dividends, or money flowing the rest of us, beyond the fact that they for flowers; $42,000 for massages; pedicures, in from foreign trusts and bank accounts. often pay comparatively little or no taxes. manicures, and electrolysis; $82,000 to insure In addition to these people who deal only But first, some background on this intrigu- here jewelry and furs, and $60,000 to cover in cash, there is another larger group whose ing family. the veterinarian bills, medication, pet food, numbers have soared. They are wealthy Alec is the son of Daniel Wildenstein, the beds, leashes, and coats for their dogs, As for Americans and foreign citizens who live and patriarch of the enormously rich French miscellaneous professional services, $24,000 work in the United States and in other coun- clan. Daniel, born in 1918, controls the went for a dermatologist, $12,000 for the den- tries—multinational wheeler-dealers, inde- Wildenstein billions through a web of secret tist, and $36,000 for pharmaceuticals. Her pendent businesspeople, entertainers, fashion trusts and intertwined corporations. The American Express and Visa card bills for one moguls and models. They have multiple Manhattan townhouses, for example, are year totaled $494,000. passports or global residences and therefore owned in the name of the Nineteen East Some of these bills were paid out of the insist they are exempt from the U.S. income Sixty-Fourth Street Corporation, which in couple’s Chase Manhattan account. Some tax. turn is controlled by ‘‘intermediate entities were paid out of ‘‘other bank accounts in

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.093 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7621 New York, Paris, and Switzerland.’’ And only earnings are approximately $175,000 per cases, IRS would need additional staff.’’ some bills, Alec confirmed, were paid from year.’’ On a net-worth statement, Alec listed Which, of course, is precisely what Congress ‘‘the Wildenstein & Co.’’ account, ‘‘the his occupation as ‘‘unpaid personal assistant refuses to provide. Wildenstein & Co. Special Account, and fam- to father Daniel Wildenstein.’’ That stirred But things have changed since the critical ily businesses.’’ Sort of like having your em- the ire of State Supreme Court Judge 1991 audit that tried to prod the IRS to act, ployer pick up the cost of your clothing, Marilyn G. Diamond, who presided over the right? Indeed they have. With each passing pets, and vacations. hostilities. ‘‘He fails to explain why he is un- year, the number of affluent nonfilers has And then there were Jocelyne’s personal paid,’’ said Diamond, adding that ‘‘this con- gone up while Congress has slashed the serv- expenditures. Over the years, she accumu- tention insults the intelligence of the court ice’s auditing capabilities. There is no better lated jewelry valued at $10 million, including and is an affront to common sense.’’ evidence of the agency’s breakdown than the a thirty-carat diamond ring and custom Judge Diamond was also angered that Alec fact the Wildensteins went two decades with- pieces from Cartier. She attended fashion never bothered to attend the divorce hear- out filing a tax return, and the IRS knew shows in Paris. Her annual spending on ings. Shortly after Jocelyne began unveiling nothing about it. clothing and accessories ran to more than intimate details of the couple’s private life, Mr. OBEY. Mr. Speaker, the article $800,000. She once spent $350,000 for a Chanel he fled the country. He ignored repeated outfit that she helped to design. Al told, ac- court dates, failing to appear to answer ei- points out that tax fraud is a ticking cording to papers filed in the divorce case, ther the gun charges or his wife’s allega- time bomb in this country, probably the couple’s personal and household expendi- tions. At one hearing, an irritated Diamond approaching up to $300 billion in lost tures added up to well over $25 million in excoriated Wildenstein in absentia for his re- revenue. It tells the story of one family 1995 and 1996 alone. fusal to obey court orders and to attend worth billions of dollars, one family With all those tens of millions of dollars depositions. His attorney, Raoul L. Felder, that holds, in art collections alone, flowing out over the years to maintain a life- the New York celebrity divorce lawyer, of- over $6 billion in assets. They have a style beyond comprehension to most peo- fered an explanation for his client’s behav- town house, a swimming pool. They ple—$60,000 in dog bills exceeds the annual ior: income of three-fourths of all working Amer- ‘‘It may not be his disinclination to appear have property in Kenya and France. icans who pay taxes—you might think that before the court. You are aware there are They spend tens of millions of dollars Alec and Jocelyne also forked over millions substantial tax problems we believe created each year. of dollars to the Internal Revenue Service. by the plaintiff.’’ They spend $65,000 just in dog bills. But you would be wrong. Judge Diamond agreed. ‘‘There are going They have not even filed a tax return They didn’t pay a penny in U.S. income to be more substantial tax problems,’’ she for the last 20 years, and the IRS did tax. said. ‘‘There are more substantial potential not even know about it. That is the In fact, they never filed a federal tax re- tax problems by people continuing to take turn. certain positions. Make no mistake about kind of tax avoidance which the IRS These admissions by a family accountant it.’’ ought to be able to track, and so as are spelled out in records of the acrimonious If this conjures up visions of battalions of long as they do not have adequate re- divorce and also entered into court opinions. vigilant IRS agents engaged in a relentless sources, will not be able to track. They lived the tax-free life even though, by search to identify tax scofflaws and, when If you are some taxpayer paying Jocelyne’s account, they resided in the Man- they do so, dun them for the taxes they owe, hattan townhouse for nineteen years, from $30,000 a year and they caught you, you assess interest and penalties, seize their would get womped with a bill in a shortly after their Las Vegas marriage in bank accounts and cars, freeze their assets, 1978 until the rancorous divorce proceedings and auction off their possessions, well, that’s hurry. But here is an example of a fam- began in 1997. Their children were born in what they are, visions—at least when it ily that has lived like kings, inter- New York and went to school in New York. comes to the very rich. For the double stand- national multinational kings, for Alec conducted the family art business ard is to tax-law enforcement what rock is to years, in full view; and they have paid through Wildenstein & Co., Inc., a New York roll. not one dime in taxes and never even corporation, from the gallery next door. He Suppose you earn $40,000 a year and don’t bothered to file. had a U.S. pilot’s license. He sued and was file a return. When the IRS catches up with sued in the courts of New York and other you it prepares a substitute return, esti- b 1515 states. He signed documents moving millions mates your income, calculates the tax you of dollars between Wildenstein companies, This is no laughing matter, when the owe, tacks on interest and penalties, and administration is asking for more some located in the tax havens of the world. sends you the bill. If you don’t like their He transacted business in New York and numbers, you must prove that the IRS is in- money to fund the IRS. So I would sug- other states. He was vice-president of Nine- correct. What’s more, the agency may seize gest that for those two reasons alone, teen East Sixty-Fourth Street Corporation, your bank accounts, your car, and whatever this bill still falls far short of where it which owns the townhouse, gallery, and else you have of value. ought to be. other properties. His New York pistol license Not so with the truly prosperous. First, the I also do not see why we should con- identified him as an officer of Wildenstein & agency mails out a computer-generated let- tinue to play a flip-flop game with SSI. Co. And following his arrest for pointing the ter asking the nonfiler to submit a return. Last year we decided, the Congress de- weapon at Jocelyne and her bodyguards, he When the reluctant recipient fails to re- insisted that he should be released on his spond, a second letter goes out. And then an- cided, it was going to move the date for own recognizance because of his substantial other. And another. If the silence persists, the payment of SSI checks into one fis- ties to the community. IRS resorts to another tactic: The telephone. cal year. The Congress moved it back Nonetheless, he filed no federal tax re- It tries to find the number of the missing to a different fiscal year in the supple- turns. And no one in Washington or New nonfiler and place a series of calls. When all mental this year. Now it is trying to York noticed. Or cared. Under ordinary cir- that proves futile—it generally does nothing. flip it back again, moving it to a dif- cumstances, even the complex tax returns of Nothing? ferent fiscal year again, not for sub- the very wealthy that are filed go un- That was a finding of a 1991 study by the checked. That’s due to a deliberate decision General Accounting Office (GAO), the inves- stance purposes, but for political pur- by Congress to starve the IRS, both in oper- tigative arm of Congress, that examined IRS’ poses. All that does is create confusion ating funds and in manpower and expertise handling of affluent nonfilers: and bring into question whether or not to conduct such audits. So forget about fer- ‘‘The IRS does not fully investigate high- those SSI checks are going to be able reting out serious nonfilers among the rich income nonfilers, which creates an ironic im- to be cut. We ought not do that. That and prominent. That task doesn’t even reg- balance. Unlike lower income nonfilers in is another reason why this bill ought ister on the tax fraud radar screen. Not sur- the Substitute for Returns program, high-in- not to be considered in this fashion. come nonfilers who do not respond to IRS’ prisingly, representatives of Alec Mr. YOUNG of Florida. Mr. Speaker, Wildenstein declined to discuss his tax af- notices are not investigated or assessed fairs. Jocelyne’s lawyer said she doesn’t taxes. Even if high-income nonfilers eventu- I yield 2 minutes to the gentleman know anything about taxes, since Alec con- ally file tax returns, their returns receive from Arizona (Mr. KOLBE). trolled the money. And the IRS can’t com- less scrutiny than those who file returns on Mr. KOLBE. Mr. Speaker, I just want ment on the tax matters of private citizens. time.’’ to respond to a couple things that the Or in this case, the non-tax matters. What’s the IRS’s explanation for the dou- distinguished ranking member of the In the divorce case, Alec argued that he ble standard? Incredibly, it told GAO that it Committee on Appropriations said. He was not a resident of the United States, that does not prepare a substitute return for rich used the word ‘‘cutting,’’ that this bill he had a Swiss passport and visited this nonfilers, as it does for middle-income peo- country on a tourist visa, and that he did not ple, because it fears that it might ‘‘under- is cutting. But I think we should be have a green card permitting him to work. state taxes owed.’’ In other words, no loaf is clear that we may not be adding as Furthermore, he contended that he had ‘‘less better than half-a-loaf. So do nothing. Sec- much as he would like in terms of new than $75,000 in bank accounts’’ and that ‘‘my ond, GAO said, ‘‘to pursue more high-income spending, but at 13.8 percent over last

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.061 pfrm04 PsN: H14PT1 H7622 CONGRESSIONAL RECORD — HOUSE September 14, 2000 year’s spending, it is hardly a cut. Let me say something about the where we are on court houses, with There are not cuts in this in virtually chairman’s comment about the level of some additional discussion the chair- every account, there are additions, and employees of IRS. Let me remind you, man and I have had. most of them are very much needed, he said there were 95,000 IRS employ- But I would urge my colleagues, this and we acknowledge that. But this is ees. In 1992 there were 116,000 IRS em- is not the bill we ought to pass. In my not cuts. ployees. What has happened since 1992? opinion, and the President has not told The second point, with regard to the Obviously, as the gentleman points me this, it is not going to be signed. matter of IRS law enforcement or en- out, they have been reduced 20 percent And why do we continue in the 7th or forcement that the gentleman from in the level of employees. That hap- 8th inning, or the 10th or 11th inning, Wisconsin talked about, the Presi- pened. wherever we are in this inning process, dent’s proposal would have transferred Number two, we have millions of ad- Mr. Chairman, I do not know where we $43 million out of law enforcement into ditional taxpayers. are, but wherever we are, we should other areas. We did not permit him to Number three, the complexity of the bring it to closure through agreement, do that. So if there is inadequate law returns has increased as a result, very and we are prepared to do that. We enforcement, I think the problem is to frankly, of some of the tax bills offered want to do it, I think we can do it, I be found in the White House and in the by the Republican majority which have would hope we would do it. I would administration and their plans to try become law. hope we would send this bill back to a to reduce the enforcement part of the Fourthly, we adopted a Restruc- conference, that is a strange con- Internal Revenue Service. turing and Reform Act which said we ference, because the Senate has never The third point, with regard to want you to be more customer friendly; considered this bill. To that extent counter-terrorism, the additional mon- that is to say, we want you to give there was really nothing in the con- ies, as I mentioned, we have $55 million more services, we want you to answer ference other than our bill, and in fact in this bill that is emergency spending questions more quickly, we want you we did not conference our bill, it was so it can be spent immediately, above to be more available for taxpayers to added to the Legislative bill, which is and beyond the budget caps. We offered come in to regional offices, all of which why it is there. in our discussions with the minority as were positive things. But then we turn So, my colleagues, I ask you to reject we were trying to get agreement on around and we say, guess what though? this. We can do better, and we will do this, we offered to put an additional You do not have any people to do it. better, and, when we do better, this bill $37.2 million, which is more than two- That is a shell game. It is dishonest. will be whole, all of it. thirds of what the President thought That is why I voted against the Reform Mr. YOUNG of Florida. Mr. Speaker, was additionally required in this area. and Restructuring Act the first time I yield 31⁄2 minutes to the gentleman That offer was rejected. around, and it is one of the best speech- from Arizona (Mr. KOLBE). Again, we have not heard, other than es I ever gave, and it was a very short Mr. KOLBE. Mr. Speaker, I hope this that just absolutely everything is need- speech. I got up and I said if you want may conclude my part of the debate, ed, there is no negotiation to be done to be for taxpayer IRS reform, you but I do feel I need to respond to a few except to give us 100 percent, that has need to be for IRS reform at tax writ- of the things that have just been said been the bottom line of everything we ing time and at budget time. in this debate. have had in the discussions here, and That is what this report ultimately A few moments ago we had the gen- that is not what I would call a serious said. In this bill, we are $305 million tleman from Wisconsin (Mr. OBEY) pointing out that the counter-ter- negotiation. under what Mr. Rossotti, not the ad- rorism dollars were not in here, that So I think we have been very, very ministration, asked for. Frankly, Mr. we are not voting on something hypo- generous, and certainly are going to be Rossotti asked for more money than thetical, we have to be voting on the prepared to look at additional amounts this to do his job. So do not go home substance of this. In the next moment as we go forward from here. But cer- and tell your taxpayers, boy, we are the gentleman from Maryland (Mr. tainly this conference report deserves providing the kind of service that you HOYER) is talking about how the proc- support. need, because we are on your side, we Mr. OBEY. Mr. Speaker, I yield my- ess was not good. So we are talking are taxpayer friendly, and then pretend self 30 seconds. about the process, not the substance of that you can go from 116,000 IRS em- Mr. Speaker, the gentleman indi- it. We are kind of getting whipsawed on cated that they offered to put back ad- ployees to serve 270 million Americans, both sides of this thing here. ditional money. They may have of- and, sure, it sounds like a big number, Mr. HOYER. Mr. Speaker, will the fered, but the fact is they have not put until you decide that there are 270 mil- gentleman yield? it back. So we are not voting on some lion Americans that are covered. They Mr. KOLBE. I yield to the gentleman ethereal offer; we are voting on the leg- do not all pay taxes, some are kids, from Maryland. islation before us at this time. some do not make enough money, but Mr. HOYER. Mr. Speaker, we have Mr. Speaker, I yield 41⁄2 minutes to they are all in the mix. And you go concerns about both the process and the gentleman from Maryland (Mr. down to 95,000, and then expect to say, the substance, which is why we men- HOYER). oh, well, you can do it. tioned both. Mr. HOYER. Mr. Speaker, I thank I agree with my chairman, and he Mr. KOLBE. Mr. Speaker, reclaiming the gentleman for yielding. and I are good friends and respect one my time, the bottom line is is this a re- Mr. Speaker, first of all let me say to another, and I respect the big chair- sponsible bill? The question that we my colleagues, I really think had we man, the chairman of the full com- should ask is not does this bill have ex- had the opportunity to work on this mittee. I think we can work this out. I actly everything in it that I want, be- bill a little longer, I know we have think we can get pretty close, and I cause that is not the way the legisla- been working on it for 10 days, but, think we can get the administration on tive process works; it is is this a re- very frankly, we could have done this 8 board. We did not participate in most sponsible bill? And nobody can look at months earlier had we had real num- of this. Yes, we discussed it, yes, I this bill and say that this is not a re- bers at the start and not been told this know the chairman is frustrated by the sponsible bill. It does not do everything is the 1st inning and there are 8 innings fact that we have not reached agree- that I would like, because in the proc- left to go. I do not know whether it is ment. But you should not have brought ess of being chairman, I have to give on the 6th or 7th inning, but, very frankly, this bill forward today, because it some things. It does not do everything this is premature consideration, if you would have served the process and our that the gentleman from Maryland will, because we could work this out. I committee if in fact we had worked (Mr. HOYER) would like, it does not do think we are pretty close to working this bill out and come to the floor to- everything that the White House would this out, but we are certainly not close, gether and said we have done what we like, but it is a responsible bill. It as the ranking member indicated, with should have done on IRS, we have done funds in an adequate way the agencies not having added what has been offered what we should on counter-terrorism, that we are responsible for. by your side to add. That is not added we have done what we should on court The gentleman from Maryland has here. We are not close to funding IRS. houses, and very frankly, we may stay told us that this bill will not be signed

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.096 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7623 by the President. That is somewhat wish him well in his future career as he re- They are adding 1.2 back. So there is news to us, because we have never been turns this fall to the Secret Service. I would still $100 million under what the com- able to get a definitive statement from also wish him especially the best as Doug, the mittee report said they thought, the the White House about that. I do not father of three, prepares with his wife Sarah to Republicans thought, was necessary to want to be in the business of passing bring a new Burke into the world next year. adequately fund this bill. legislation, these appropriations bills, Mr. OBEY. Mr. Speaker, I yield my- I repeat again to the chairman, for and going through this process of hav- self 2 minutes to simply say it is sim- whom I have great respect, as everyone ing them vetoed. I want to get bills ply not true that the White House has on this floor knows, we work together that can be signed. But, as I said at the not indicated what they want to see closely, I think we can work this thing outset, our problem is the White House with this bill. They have indicated out; and I know he is frustrated that will not tell us. They have said in no they want to see more funds for the we have been at it for 8 or 9 days and uncertain terms, they will not tell us IRS, they have indicated they want to have not been able to work it out. what it is that they need in order to see more funds for counterterrorism, There are a lot of interests here. The pass this, other than, of course, give us they have indicated they want addi- tax provision that was added to this everything in the request. tional funds in order to deal with the bill, totally extraneous to our bill, has So we have to at some point pass a Puerto Rican election. caused us a problem. That is not of the bill so we can get in writing from the They have indicated that they also making of the gentleman from Arizona White House some kind of a definitive do not want to have a non-germane (Mr. KOLBE) or my making or the mak- statement about what it is. Perhaps we separate tax provision which has no ing of the gentleman from Wisconsin can do that before we send it to the business in this bill being considered in (Mr. OBEY) or the making of the gen- White House. After we pass it and send this kind of a three-headed package. tleman from Florida (Mr. YOUNG); but it to the White House, perhaps we can They have suggested that if indeed it is causing us a problem, and that work that out, because there are going that tax package is going to be consid- needs to be worked out. But we ought to be other appropriations bills and ered, then it ought to be considered not to go up the hill just to be shot other parts of this could be worked out along with other tax items, including down and have to go back up it again. in supplemental or omnibus bills at the some of the tax items that the admin- Mr. Speaker, I think we can reach an end, other appropriation bills and con- istration is interested in several other agreement that is almost $600 million ference reports. appropriation bills. So they made it under the President’s request, and I Mr. Speaker, I believe we have a bill very clear what they regard to be the would urge us to do that. Reject this that is responsible. I believe we have a deficiencies in this bill, and I do not conference report and approve the mo- conference report that should be sup- think it ought to be asserted other- tion to recommit to conference. Let us ported. I believe that the White House, wise. sit down at the table, reason together and I hope the minority, would join us Secondly, I would simply say I think and come up with a reasonable, posi- in passing this, so we can move forward the gentleman from Arizona has nego- tive, productive bill. and get this legislation enacted into tiated in absolute good faith, but I Mr. YOUNG of Florida. Mr. Speaker, law. think he has had the rug pulled out I yield myself the balance of the time. Mr. Speaker, I would like to recognize the from under him, just as we have on this Mr. Speaker, this conference report work of the staff of my subcommittee: Michelle side of the aisle, by the decision of his included, as I said in my opening re- Mrdeza, the clerk; Kurt Dodd, Jeff Ashford, leadership to proceed in partisan fash- marks, three different sections. One is and Tammy Hughes, and Patricia Schlueter of ion to pass this bill with votes on that the repeal of the Spanish-American the minority staff. I would also like to thank side of the aisle alone. I regret that, War excise tax on telephone costs Kevin Messner of my personal staff, and Scott but that, nonetheless, is apparently which passed this House by a vote of Nance, on the staff of Mr. HOYER. what has happened today, and until the 420 to 2. So I take it that the substance In addition to acknowledging the work of substance of the bill is fixed, we do not of this portion of this legislation is not staff who have contributed to getting this Con- intend to participate. an issue. The Legislative Branch appro- ference Report before the House today, let me Mr. HOYER. Mr. Speaker, will the priations part of this package passed give a special thanks to Doug Burke, a special gentleman yield? the House 373 to 50. Agent with U.S. Secret Service who is detailed Mr. OBEY. I yield to the gentleman Mr. OBEY. Mr. Speaker, will the gen- to the Subcommittee as a congressional fel- from Maryland. tleman yield? low. Doug came to this assignment after serv- Mr. HOYER. Mr. Speaker, let me say, Mr. YOUNG of Florida. I yield to the ing for a year as a fellow in the office of my so the Members understand where we gentleman from Wisconsin. distinguished ranking member, Mr. HOYER. He are going to be I think at the end Mr. OBEY. Mr. Speaker, let me make has brought considerable skill and energy to game, if we had continued our discus- clear, that is an issue, because the ad- bear on our legislative work, to include pre- sions about how to resolve this, and so ministration indicates that if that tax paring for hearings, conducting detailed over- the public understands as well, our is to be considered, and it ought to be sight analysis, and coordinating two important constituents understand, I believe we considered in conjunction with other Committee oversight trips to Miami and the can agree, I believe the White House changes in the tax law which the ad- West Coast, where his secret skills as a jazz can agree, on a number for this bill ministration also wants, not unilater- pianist were exposed. In addition to serving as that will still be more than one-half ally in a privileged position, without a full working staff member for the sub- billion dollars under the President’s re- any of the administration’s tax pref- committee, Mr. Burke did extra duty in doing quest. erences being taken into account. I Secret Service advance duty for the Repub- thank the gentleman for yielding. b 1530 lican National Convention in Philadelphia dur- Mr. YOUNG of Florida. Mr. Speaker, ing the last recess. I hope my colleagues heard that. I be- I thank my friend for his comments, Mr. Burke, who grew up in the Washington lieve the White House is prepared to but I think a vote of 420 to 2 is a pretty Virginia suburbs as the son of a former Secret sign a bill that is half a billion, almost good indication of how the Members of Service Assistant Director, began his govern- $600 million under what they submitted this House feel about repealing that ment service in the U.S. Navy, and went on to this Congress. So it is not that they Spanish-American War tax. from there to graduate from Penn State Uni- are asking, gee, we ought to include all Most of the debate has centered versity. His subsequent career in the Secret of these additional dollars. around the other bill that I indicated Service has included investigative field work in It was, and I want to repeat, in the earlier passed by a landslide, relatively Miami, protective service on the Presidential committee report issued by the major- speaking, because it had 14 more votes Detail, and teaching assignments at the Secret ity in the Congress, the Republican for it than it had against it. Now, on Service's Rowley Training Center in Beltsville, majority. It says that their allocation this Treasury Postal, General Govern- Maryland and the Federal Law Enforcement was $1.3 billion too little to meet the ment bill, that is almost a landslide, Training Center in Georgia. priorities. Now, that was still, we un- based on previous votes procedural I would like to thank Mr. Burke for his con- derstand, $800 million less than the problems were mentioned because of tributions to the work of the Subcommittee and President asked for, which was 2.2. the adding of the Treasury Postal bill

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.100 pfrm04 PsN: H14PT1 H7624 CONGRESSIONAL RECORD — HOUSE September 14, 2000 to the Legislative Branch conference issues that were important to Members has adequate time to consider them be- report. That is probably not the best and had those conversations before we fore the fiscal year expires at the end procedure, but we are a bicameral leg- did the subcommittee markup. of September. islature. We have to work with the Again, prior to the time that we took So I ask all of my colleagues to vote other body at the other end of the Cap- the subcommittee markup to the full for this bill. itol, as well as working with the Presi- committee, the joint leadership, the Mr. HOYER. Mr. Speaker, will the dent when we complete our conference gentleman from Illinois (Mr. HASTERT), gentleman yield? reports. the Speaker; the gentleman from Texas Mr. YOUNG of Florida. I yield to the The Senate was of the opinion that (Mr. ARMEY), the majority leader; the gentleman from Maryland. they needed to add the Treasury Postal gentleman from Missouri (Mr. GEP- Mr. HOYER. Mr. Speaker, the gen- bill into the Legislative Branch con- HARDT), the minority leader; the gen- tleman from Wisconsin and I have had ference report, so that is what we did. tleman from Wisconsin (Mr. OBEY) and suggestions and in the interest of time, I would not have done that if the House myself, and the gentleman from Mary- I think we will not, in light of the fact had not passed the Treasury Postal land (Mr. HOYER) and the gentleman that the motion to recommit is prob- bill. I would not agree to taking any from Arizona (Mr. KOLBE) and some of ably redundant in terms of the vote on bill and putting in another conference the other leaders sat down together in passage, we will not offer the motion to if the House had not already passed it, the Speaker’s Office, and we talked recommit so that we do not take the except under the most unusual cir- about some of the issues in this bill. additional time of Members. cumstances. I just believe I owe that to And we talked for a long time, and we Mr. YOUNG of Florida. Mr. Speaker, the Members of the House to give them decided to proceed with marking up I thank my friend for that, and I think that protection. So I would not do that. that bill in the full committee. We that helps us expedite the business However, if that is what has to be done have done that. We have brought it to which needs to be expedited. on the part of the other body to get a the floor and we passed it. We have So with that, Mr. Speaker, I just ask bill through the process, then that is done a lot of talking. It is now time to the Members to seriously consider this what we will do. take some action. package, and let us vote it out of the It had been suggested that the IRS This is a bill that I think meets the House, get it through the Senate, and issue is a big issue, but I want the requirements, as we see them today. send it down to the White House and Members to know that we spent quite a Should there be some adjustments? let the President make his decision bit of time talking about that. The The gentleman from Illinois (Mr. once he sees the bill in its final form. gentleman from Maryland (Mr. HOYER), HASTERT) had made a firm commit- Mrs. MALONEY of New York. Mr. Speaker, who is my dear friend and I have tre- ment to the gentleman from Maryland while there are still areas of this bill that need mendous respect for him and his abili- (Mr. HOYER), and I know the Speaker of to be revised, I would like to commend the ties, he is great; and the gentleman the House to be an honorable man, a Conference Committee Members for including from Wisconsin (Mr. OBEY), who is also man whose word can be taken as truth. in this report $5 million for the Nazi War my friend and has great ability and tal- If he gives his word, he keeps his word. Crimes Disclosure Act's Interagency Working ent; and I know a lot of people that He made a commitment to the gen- Group. This funding is vital to the work of the watch these debates might wonder, tleman from Maryland of what he Interagency Working Group responsible for well, how do these guys ever get along would be willing to do on a subsequent diligently reviewing documents regarding the together? Just because we have dif- bill to make this bill more attractive atrocities of World War II and making those ferent opinions does not mean that we to the minority party. records available to the public. I applaud Sen- do not respect each other, because I re- So I would hope, Mr. Speaker, that ator DEWINE for successfully securing this spect both of those gentlemen. We we would reject the motion to recom- funding in the Senate version of the bill and work together. mit, and I am told it will be a clean then working with the Conference Committee In fact, we sat down with the Speak- motion to recommit; there will be no to retain this funding. er of the House before we brought this instructions. I would say to the gen- In 1994, I introduced the Nazi War Crimes conference report to the floor and one tleman from Maryland I appreciate and Disclosure Act with Chairman STEVE of the issues we discussed was the issue that, because I believe that that does HORN in the House and with the leadership of of the additional money for the Inter- save us some time here today, and we Senator DEWINE in the Senate. After several nal Revenue Service. The gentleman do have some other appropriations hearings held by the Government Reform from Illinois (Mr. HASTERT), the Speak- issues to deal with, such as appointing Committee and wide community support, this er of the House, gave his word to the conferees on other bills that we can get bill became law in 1998. gentleman from Wisconsin (Mr. OBEY) into conference and bring back to the Recently the Government Reform Com- and the gentleman from Maryland (Mr. House. But reject the motion to recom- mittee, under the leadership of Chairman HOYER) that if we pass this bill, that he mit the bill, and then let us pass the HORN, held a hearing to announce some of would be willing to guarantee that the bill. the findings from the Interagency Working additional money for the Internal Rev- Now, if it goes to the White House Group's efforts. At this hearing, we heard first- enue Service would be added to a subse- and the President decides he wants to hand how critical funding is to the future ef- quent appropriations bill. veto it, so be it. We will deal with that. forts of the Interagency Working Group as Now, we talked a lot about that; and But as of today, the President and no they begin reviewing classified documents re- we were unable to come to a conclu- one in the White House has been will- garding Japanese War Crimes. sion, so we made the determination to ing to tell the subcommittee chairman The Interagency Working Group has suc- move ahead with this bill. We have of this bill that he would veto the bill. cessfully released more than 1.5 million docu- talked a lot, and I know it was men- Neither the President nor any of his ments to the public. While this is an impres- tioned that maybe we should keep on staff has told the chairman of the full sive accomplishment, the IWG has succeeded talking. Well, unless the plan is just to committee, this Member, that he would without the support of Congress. This has led delay the legislation and delay it and veto this bill. Just this morning, the to inadequate staff support and the inability to delay it, eventually we get to the point Speaker of the House communicated preserve and protect the deteriorating and that it is time to end the talking, and with the White House. He was not told crumbling documents. it is time to take some action, and we that the President would veto this bill. This conference report before us will be the think we are at that point. So we are proceeding in good faith. We first time Congress has stepped up to fully When we went to the subcommittee think that we have worked out a bill support the work of the Interagency Working on the Treasury Postal bill back in here that meets our responsibilities Group. Already, significant new information July, 2 months ago, the gentleman and does it in a very effective way. about the Holocaust has been revealed in the from Wisconsin (Mr. OBEY) and myself, So, Mr. Speaker, I hope that we can more than 400,000 Office of Strategic Serv- the gentleman from Maryland (Mr. get on to passage of this bill, and then ices records released by the Interagency HOYER), and the gentleman from Ari- get to work on the other conference re- Working Group at the National Archives this zona (Mr. KOLBE) sat down and we ports that have to be considered and past June, but that is only the beginning. With- talked with each other about several get them to the President so that he out the support of historians and trained staff,

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.104 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7625 we only have a small glimpse of the informa- In recent years, the GAO has experienced fallen through the cracks and have become tion contained in those documents. severe budget cuts even as the demand for exempt from undergoing a criminal history It is essential that the Archivist use all of the their services has grown. Since 1992, the check. This amendment corrects this situation. earmarked $5 million dollars which is author- GAO has been forced to reduce its workforce Accordingly, I urge my colleagues to support ized in this legislation for the explicit purpose by 40%. Nonetheless, the quality of their work this conference report. of supporting the efforts of the Interagency has never wavered. As a Member of the Gov- Mr. MOORE. Mr. Speaker, I rise today in Working Group so that they may restore de- ernment Reform Committee, I have frequently opposition to H.R. 4516, the FY 2001 Legisla- caying documents, afford historians and had the opportunity to see the GAO in action tive Branch/Treasury-Postal Conference Re- trained staff, and to help the Archives make and have been constantly impressed by the port. these documents available to the public. The quality and professionalism of their reports This mini-omnibus appropriations bill is busi- report before us contains $14 million more for and testimony. Recently, the GAO's oversight ness as usual and I did not come to Congress the National Archives than the previously of the decennial census has reminded me to engage in business as usual. The people of passed House version. It is my understanding again of the fantastic, impartial work that the Kansas' third district expect and deserve more that this increase was included to provide ade- GAO consistently provides. I commend them of us. As Congress has done for too many quate funding for this expenditure. for their work. years, today it will be voting on a bill that vio- I therefore urge my colleagues to preserve I strongly believe that this agency is one of lates both the rules of the House and the Sen- this provision in the bill and support the vital our best resources in the quest to make gov- ate in the name of political expediency. work of the Interagency Working Group. ernment run more efficiently. In fact, for every Under these rules, Congress is supposed to While there is still a lot of debate sur- dollar invested in the GAO, taxpayers save consider 13 appropriations bills for each fiscal rounding the Legislative Branch/Treasury more than $57. year. Under normal procedures, those bills Postal Appropriations conference report before The funding included in this legislation will should come before the House and the Sen- us today, and there are many issues that must guarantee that the GAO will be able to hire ate individually, with opportunities for amend- still be resolved, I rise to highlight two specific necessary personnel to meet ever-increasing ment and debate. After a conference report is provisions in this bill that I strongly support. Congressional demands and continue to pro- negotiated, the House should then have the First, I am proud that this conference report vide the services we have come to expect. opportunity to vote on each bill, standing contains a provision I authored which requires I applaud the inclusion of these resources alone. Unfortunately, Congress has refused to the Office of Personnel and Management to and hope that next year we can find the re- follow its own rules. The majority party has study the positive impact of providing federal sources for the GAO without hurting the fund- combined two appropriations bills in this so- employees with paid paternal leave. ing of the other agencies we rely on every called conference reportÐone of which has This study means progress! day. yet to be considered by the full Senate. In May, I, along with Mr. DAVIS of Virginia, Mr. Speaker, I strongly support these provi- I have only been a Member of this body for Mr. HOYER of Maryland, and Mr. GILMAN of sions included in the Conference Report. Even 18 months, but I understand that these rules New York, introduced H.R. 4567, the Federal though other measures in this particular report Employees Paid Parental Leave Act of 2000. and procedures were put in place to protect will prevent me from supporting this bill, I look the rights of all Members to represent fully the This bipartisan bill would give federal employ- forward to working with my colleagues to re- ees 6 weeks of paid parental leave for the interests and concerns of our constituents. We tain these provisions and work toward a con- cannot do so when we are confronted with an birth or adoption of a childÐa benefit that the ference report that will have full support. omnibus conference report which rolls to- majority of private sector employers already Mr. GILMAN. Mr. Speaker, I rise today in gether a number of provisions, that one of our give their employees. support of the conference report which con- Since we introduced the bill in May, I have tains language that seeks to close a loophole two deliberative bodies has not had the oppor- heard from men and women across the coun- regarding the safety of child care in Federal tunity to fully consider. While the process under which this bill has try who have relayed their stories to me about facilities throughout this country. I would like to been considered is unacceptable, it does con- the great impact this legislation would have on thank Mrs. MALONEY and Mrs. MORELLA for tain many programs which I have fought for their families. They have told me that they will their support of this issue and their dedication and for which I would vote under normal cir- no longer be forced to make a choice: whether to improving the quality of child care for all to stay home with an ill newborn or to put food children. cumstances. I am pleased that this bill con- on the table. Congress passed the Crime Control Act in tains provisions that strongly support law en- In response to this overwhelming support, 1990 which included a provision calling for forcement efforts in this country. Fully funding we have asked OPM to conduct a study to un- mandatory background checks of employees the administration's gun-law-enforcement ini- derstand the important of providing paid pa- hired by a Federal agency. However, some tiatives, including a proposal to add 600 em- rental leave to federal employees. This study agencies have interpreted the law in such a ployees to the agency to more fully enforce will help us understand and quantify why H.R. way that many child care employees are not existing gun laws, suggests that this Congress 4567 is so important. It will also likely reveal subjected to these background checks. is finally getting serious about stopping the that the federal government will become more Currently, Federal employees across the scourge of gun crimes that have crippled this competitive with the private sector by offering country undergo, at the bare minimum, a com- nation. paid parental leave. It may also show that the puter check of their background which in- This bill also contains a provision that I government's recruitment efforts will be boost- cludes FBI, Interpol and State police records. strongly support which would roll back the 0.5 ed and that the costs related to turnover and However, some child care workers who enter percent surcharge on Federal employee retire- replacement will be greatly reduced. Finally, these same buildings on a daily basis do not. ment contributions. This increase was man- this study will conclude that the federal work- Federal employees who use federally provided dated by the 1997 balanced budget law and force can win back dedicated and qualified child care should feel confident that these has disproportionately affected Federal em- workers to the government if we offer a benefit child care providers have backgrounds free of ployees by taxing more of their gross income that is already being offered by the majority of abusive and violent behavior that would pre- for retirement than their private sector counter- private sector companies. vent them from working with children. parts contribute. Mr. Speaker, the budget is Everyone always says that the federal gov- Moreover, this amendment helps to ensure balanced: it is time to stop funding surpluses ernment should be run more like a business. the overall safety of our Federal buildings. at the expense of our hard working Federal This study will lay the foundation for the fed- Child care workers step into Federal buildings employees. eral government to do just that. each day and look after children of Federal Finally, I strongly support the provision in Let's keep this provision in the bill and show employees. Without performing background this bill that would repeal the 3 percent tele- our federal employees that we care about checks, the children in day care, as well as phone excise tax that was levied as a luxury them and support their families. the employees in Federal facilities, are expos- tax over 100 years ago to fund the Spanish I am also extremely pleased that we were ing themselves to possible violent attacks in American War. Mr. Speaker, the war is over able to find additional resources for this con- the workplace. A child care worker with a his- and, with over 94 percent telephone owner- ference report to adequately fund the activities tory of violent criminal behavior has the oppor- ship, this service is no longer a luxury. It is of the General Accounting Office. The funding tunity to create a terrorist situation the likes of past time to repeal this tax and I voted to do included in this appropriation will guarantee which have not been seen since the tragedy so back in May when the House first consid- that the GAO will be able to continue to in Oklahoma City. ered this issue. I am disappointed that the ma- produce the high quality, objective reports that Child care providers working in Federal fa- jority party chose to hold this important issue we have come to expect. cilities throughout the country have somehow hostage by marrying it with this controversial

VerDate 11-MAY-2000 03:05 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\A14SE7.052 pfrm04 PsN: H14PT1 H7626 CONGRESSIONAL RECORD — HOUSE September 14, 2000 measure. While I support many of the prior- Since the telephone is a necessity I am de- NAYS—209 ities in this bill, I remain concerned about one lighted the House is acting to remove this re- Abercrombie Goode Obey provision in this bill that suggest this Congress gressive tax that disproportionately affects Ackerman Gordon Olver Aderholt Green (TX) Ortiz is not serious about holding the line on spend- lower income Americans. Allen Hall (OH) Owens ing. Mr. YOUNG of Florida. Mr. Speaker, Andrews Hall (TX) Pallone Mr. Speaker, about a decade ago, through I yield back the balance of my time. Baca Hastings (FL) Pastor legislative slight of hand, Congress passed a Baird Hayes Paul The SPEAKER pro tempore (Mr. Baldwin Hill (IN) Payne law to allow for the automatic annual increase Barcia Hilliard Pelosi in Members' salaries. This was a politically LATOURETTE). Without objection, the Barr Hinchey Phelps motivated move to shield Congress from cast- previous question is ordered. Barrett (WI) Hinojosa Pickett Bentsen Hoeffel Pomeroy ing embarrassing votes to increase their own There was no objection. Berkley Holt Price (NC) pay. While we were technically afforded the The SPEAKER pro tempore. The Berman Hooley Rangel opportunity to vote against an increase by question is on the conference report. Berry Hoyer Reyes casting a no vote on a procedural issue, the Bishop Inslee Rivers Pursuant to clause 10 of rule XX, the Blagojevich Jackson (IL) Rodriguez fact remains that by voting in support of this Blumenauer Jackson-Lee Roemer legislation, we will be voting for our own pay yeas and nays are ordered. Bonior (TX) Rogan raises. The vote was taken by electronic de- Borski Jefferson Rothman This will be a vote that comes at the ex- Boswell John Roybal-Allard vice, and there were—yeas 212, nays Boucher Johnson, E. B. Rush pense of other mandates an earlier Congress 209, not voting 13, as follows: Boyd Jones (NC) Sabo created: Two years ago the House voted over- Brown (FL) Jones (OH) Sanchez whelmingly for the IRS Reform and Restruc- [Roll No. 476] Brown (OH) Kanjorski Sanders Capps Kaptur Sandlin turing Act which followed recommendations of YEAS—212 Capuano Kennedy Sanford a commission that studied the IRS and stated Archer Goss Pease Cardin Kildee Sawyer that IRS budgets ``should receive stable fund- Armey Graham Peterson (MN) Carson Kilpatrick Schaffer ing for the next three years so that the leaders Bachus Granger Peterson (PA) Chabot Kind (WI) Schakowsky Baker Green (WI) Petri Chenoweth-Hage Kleczka Scott can . . . improve taxpayer service and compli- Baldacci Greenwood Pickering Clayton Kucinich Sensenbrenner ance.'' Ballenger Gutknecht Pitts Clement LaFalce Serrano Mr. Speaker, this bill, contrary to the rec- Barrett (NE) Hansen Pombo Clyburn Lampson Sherman ommendations of a bipartisan commission and Bartlett Hastert Porter Coburn Lantos Shows Barton Hastings (WA) Portman Condit Largent Sisisky contrary to the will of this House, cuts $465 Bass Hayworth Pryce (OH) Conyers Lee Skelton million from the administration's request. If this Bereuter Hefley Quinn Cook Levin Slaughter Congress is serious about holding the line on Biggert Herger Radanovich Costello Lewis (GA) Smith (WA) spending, we would not hold our other prior- Bilbray Hill (MT) Rahall Coyne Lipinski Snyder Bilirakis Hilleary Ramstad Cramer Lofgren Spratt ities hostage to our desires of a larger pay- Bliley Hobson Regula Crowley Lowey Stabenow check. Blunt Hoekstra Reynolds Cummings Lucas (KY) Stark I will be voting against this bill and I will be Boehlert Holden Riley Danner Luther Stenholm Boehner Horn Rogers Davis (FL) Maloney (CT) Strickland voting against a pay increaseÐI urge my col- Bonilla Hostettler Rohrabacher Davis (IL) Maloney (NY) Stupak leagues to put their money where their mouth Bono Houghton Ros-Lehtinen DeFazio Manzullo Tanner is and reject final passage of this legislation. Brady (PA) Hulshof Roukema DeGette Markey Tauscher Mrs. MCCARTHY of New York. Mr. Speak- Brady (TX) Hunter Royce Delahunt Matsui Taylor (MS) Bryant Hutchinson Ryan (WI) DeLauro McCarthy (MO) Thompson (CA) er, I rise in strong support of the conference Burr Hyde Ryun (KS) Deutsch McDermott Thompson (MS) report of the Legislative Branch Appropriations Burton Isakson Salmon Dingell McGovern Thurman Bill, the Treasury-Postal Service-General Gov- Buyer Istook Saxton Dixon McIntyre Tierney ernment Appropriations Bill and repeal of the Callahan Jenkins Scarborough Doggett McKinney Toomey Calvert Johnson (CT) Sessions Dooley McNulty Towns telephone excise tax, H.R. 4516. The Appro- Camp Johnson, Sam Shadegg Duncan Meehan Turner priations Committee has agreed to hire 600 Canady Kasich Shaw Edwards Meek (FL) Udall (CO) ATF agents and to fund DNA ballistics tech- Cannon Kelly Shays Engel Meeks (NY) Udall (NM) Castle King (NY) Sherwood Etheridge Menendez Velazquez nology that will assist law enforcement in ar- Chambliss Kingston Shimkus Evans Millender- Visclosky resting criminals. The conference report ex- Coble Knollenberg Shuster Farr McDonald Waters tends the Youth Crime Gun Interdiction Initia- Collins Kolbe Simpson Fattah Miller, George Watt (NC) tive to 12 additional cities. My ENFORCE bill Combest Kuykendall Skeen Filner Minge Waxman Cooksey LaHood Smith (MI) Fletcher Mink Weiner authorizes the same programs. The funding Cox Larson Smith (NJ) Ford Moakley Wexler levels of this legislation are a victory for gun Crane Latham Smith (TX) Frank (MA) Moore Weygand enforcement. Cubin LaTourette Souder Frost Nadler Woolsey Cunningham Leach Spence Ganske Napolitano Wu It is the first time gun safety and pro-gun Davis (VA) Lewis (CA) Stearns Gejdenson Neal Wynn Members have decided to give law enforce- Deal Lewis (KY) Stump Gephardt Northup ment the tools necessary to enforce existing DeLay Linder Sununu Gonzalez Oberstar gun laws. Now we all agree gun enforcement DeMint LoBiondo Sweeney Diaz-Balart Lucas (OK) Talent NOT VOTING—13 equals more ATF agents and funding for bal- Dickey Martinez Tancredo Becerra Gutierrez Vento listics technology. It is particularly gratifying Dicks Mascara Tauzin Campbell Klink Weldon (PA) that the conferees dropped the language that Doolittle McCarthy (NY) Taylor (NC) Clay Lazio Wise Doyle McCrery Terry Eshoo McCollum would have prohibited local law enforcement Dreier McHugh Thomas Forbes McIntosh agencies from giving a buying preference to Dunn McInnis Thornberry Ehlers McKeon Thune gun manufacturers which have agreed to b make safer guns and to sell only to distribu- Ehrlich Metcalf Tiahrt 1614 Emerson Mica Traficant tors that conduct background checks. English Miller (FL) Upton Messrs. ROEMER, DELAHUNT, Now, communities from Long Island to Ha- Everett Miller, Gary Vitter STENHOLM, TURNER, ROGAN and waii will be able to purchase guns for their po- Ewing Mollohan Walden Ms. KILPATRICK and Mrs. NORTHUP lice officers that are safe and marketed Foley Moran (KS) Walsh changed their vote from ‘‘yea’’ to Fossella Moran (VA) Wamp through responsible dealers. This legislation Fowler Morella Watkins ‘‘nay’’. contains the repeal of the Federal telephone Franks (NJ) Murtha Watts (OK) Messrs. RAHALL, METCALF, MAS- tax. As a life-long resident of Nassau County, Frelinghuysen Myrick Weldon (FL) CARA, CRANE and HILL of Montana Gallegly Nethercutt Weller I know first-hand that our taxes are too high. Gekas Ney Whitfield changed their vote from ‘‘nay’’ to I am grateful that the House of Representa- Gibbons Norwood Wicker ‘‘yea’’. tives has recognized that the time has come Gilchrest Nussle Wilson So the conference report was agreed to put an end to this unnecessary tax, which Gillmor Ose Wolf to. Gilman Oxley Young (AK) was originally imposed as a temporary luxury Goodlatte Packard Young (FL) The result of the vote was announced tax to help finance the Spanish-American War. Goodling Pascrell as above recorded.

VerDate 11-MAY-2000 03:05 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.056 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7627 A motion to reconsider was laid on The SPEAKER pro tempore. Is there This accident tragically killed a the table. objection to the request of the gen- total of 12 people, including five chil- f tleman from Virginia? dren camped near the site of the explo- There was no objection. sion. Examination of the broken pipe b 1615 MOTION TO INSTRUCT OFFERED BY MR. SABO determined that corrosion had eaten REMOVAL OF NAME OF MEMBER Mr. SABO. Mr. Speaker, I offer a mo- away one-half of the 50-year-old pipe- AS COSPONSOR OF H.R. 654 tion to instruct conferees. line’s wall in places. Mr. Speaker, in order for Americans Mr. LAFALCE. Mr. Speaker, I ask The Clerk read as follows: to be assured that the oil and gas pipe- unanimous consent to withdraw my Mr. SABO moves that the managers on the part of the House at the conference on the line industry is properly regulated and name as a cosponsor of H.R. 654. disagreeing votes of the two Houses on the the communities have the opportunity The SPEAKER pro tempore (Mr. bill, H.R. 4475, be instructed to insist on no to oversee these operations, we must LATOURETTE). Is there objection to the less than $43,144,000, the amount provided in fully fund the Office of Pipeline Safety. request of the gentleman from New the Senate amendment, for the pipeline safe- Fully funding of the Office of Pipeline York? ty program. Safety is a proper start to regulating There was no objection. The SPEAKER pro tempore. Under an industry that has gone too far and f the rule, the gentleman from Min- too long without proper oversight. nesota (Mr. SABO) and the gentleman RE-REFERRAL OF H.R. 4975, FRANK The bill I have cosponsored with the from Virginia (Mr. WOLF) each will be R. LAUTENBERG POST OFFICE gentleman from Washington (Mr. INS- recognized for 30 minutes. LEE), H.R. 4792, the Comprehensive AND COURTHOUSE, TO COM- The Chair recognizes the gentleman MITTEE ON GOVERNMENT RE- Pipeline Safety Improvement Act of from Minnesota (Mr. SABO). FORM 2000, emphasizes increased pipeline in- (Mr. SABO asked and was given per- spections and public notification of Mr. LATOURETTE. Mr. Speaker, I mission to revise and extend his re- where pipelines are located. It also ask unanimous consent that the Com- marks.) would require stricter certification for mittee on Transportation and Infra- Mr. SABO. Mr. Speaker, I yield my- pipeline operators and employees. structure be discharged from further self such time as I may consume. This issue is a matter of community consideration of H.R. 4975, and that Mr. Speaker, this motion to instruct and worker safety. We must be at the H.R. 4975 be re-referred to the Com- conferees is very straightforward. It is forefront of this topic by providing full mittee on Government Reform. a motion to help make our commu- funding for the Office of Pipeline Safe- The SPEAKER pro tempore (Mr. nities safer and cleaner by providing ty so that we can better protect our WALDEN of Oregon). Is there objection increased resources to protect them citizens from natural gas catastrophes. to the request of the gentleman from from the dangers of and damage from I urge all Members to support the Ohio? pipeline explosions, failures, and leaks. motion to instruct. There was no objection. As the conference on the differences Mr. SABO. Mr. Speaker, I yield 2 f between the House and Senate versions minutes to the gentleman from Wash- of the fiscal 2001 transportation appro- APPOINTMENT OF CONFEREES ON ington (Mr. INSLEE). priations bill begins, we now have an Mr. INSLEE. Mr. Speaker, I stand H.R. 4733, ENERGY AND WATER opportunity to provide these additional here to say that our national oil and DEVELOPMENT APPROPRIATIONS resources to the Office of Pipeline Safe- gas pipeline safety standards are a na- ACT, 2001 ty that the Office of Pipeline Safety tional disgrace. They are more like Mr. PACKARD. Mr. Speaker, I ask needs. Swiss cheese than safety standards. unanimous consent to take from the For fiscal year 2001, the Secretary of And as a result of those wholesale fail- Speaker’s table the bill (H.R. 4733) Transportation has requested $47 mil- ures to inspect pipelines, we had three making appropriations for energy and lion for pipeline safety activities, an young people die in Bellingham, Wash- water development for the fiscal year increase of $10 million more than last ington, and we have entire families ending September 30, 2001, and for year. And while neither the House nor being incinerated in New Mexico. And other purposes, with a Senate amend- the Senate transportation appropria- while these tragedies occur, indeed ment thereto, disagree to the Senate tions bills provide the full increase re- Congress fiddles. amendment, and agree to the con- quested, we ought to get as close to For every one safety inspector in this ference asked by the Senate. that mark as we possibly can in the country, we have almost 50,000 miles of The SPEAKER pro tempore. Is there final conference agreement. pipeline. We have a wholesale failure to objection to the request of the gen- This motion to instruct directs the do these inspections. And this will take tleman from California? The Chair House conferees to agree to no less one step forward to increase probably hears none and, without objection, ap- than $43 million that is included in the 30 inspectors so we can move on with points the following conferees: Messrs. Senate amendment for the Office of these inspections. PACKARD, ROGERS, KNOLLENBERG, Pipeline Safety. The Senate level Let me say that giving resources to FRELINGHUYSEN, CALLAHAN, LATHAM, would provide $3 million more than the the Office of Pipeline Safety is not WICKER, YOUNG of Florida, VISCLOSKY, House level of $40 million and $6 mil- enough. It is not simply a matter of re- EDWARDS, PASTOR, FORBES, and OBEY. lion more than last year. This is the sources. It is a matter of will and stat- There was no objection. minimum amount that we should pro- ute. We have wholesale failure of hav- f vide. ing an adequate statute, as well. Mr. Speaker, I yield 2 minutes to the We are calling upon this House in APPOINTMENT OF CONFEREES ON gentleman from New Mexico (Mr. this Congress to adopt meaningful, ag- H.R. 4475, DEPARTMENT OF UDALL). gressive, comprehensive revisions of TRANSPORTATION AND RELATED (Mr. UDALL of New Mexico asked our oil and gas pipeline standards. We AGENCIES APPROPRIATIONS and was given permission to revise and have several bills pending in the House. ACT, 2001 extend his remarks.) We are calling for the leaders of the Mr. WOLF. Mr. Speaker, I ask unani- Mr. UDALL of New Mexico. Mr. House of both parties in this Chamber mous consent to take from the Speak- Speaker, on a warm summer, predawn to adopt a comprehensive inspection er’s table the bill (H.R. 4475) making day on August 19 of this year, several standard. appropriations for the Department of families were sleeping at a campsite 20 Let me advise the House there is a Transportation and related agencies miles south of Carlsbad, New Mexico. bill that has come from the other for the fiscal year ending September 30, Without notice, a 30-inch diameter nat- Chamber. It is woefully inadequate. It 2001, and for other purposes, with a ural gas pipeline blasted through the does not require inspections by statute. Senate amendment thereto, disagree to earth, sprouting a 350-foot high fireball It again goes down that rose-colored the Senate amendment, and agree to and causing a 20-foot-deep, 86-foot-long path of giving discretion to the Office the conference asked by the Senate. and 46-foot-wide blast crater. of Pipeline Safety. That is the path of

VerDate 11-MAY-2000 03:05 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.107 pfrm04 PsN: H14PT1 H7628 CONGRESSIONAL RECORD — HOUSE September 14, 2000 failure. We have to adopt a standard The SPEAKER pro tempore (Mr. Most significantly, the bill unneces- that cannot give any wiggle room to WALDEN of Oregon). Is there objection sarily caps at 5,000 per year the number the industry or to the bureaucrats. to the request of the gentleman from of victims who can receive a non- Let us pass a strong comprehensive Pennsylvania? immigrant visa and caps at 5,000 per bill this year out of this Chamber. There was no objection. year the number of victims who can be- America deserves no less. MOTION TO INSTRUCT OFFERED BY MR. WATT OF come permanent residents. Mr. SABO. Mr. Speaker, I reserve the NORTH CAROLINA Because estimates of the number of balance of my time. Mr. WATT of North Carolina. Mr. trafficking victims entering the United Mr. WOLF. Mr. Speaker, I yield my- Speaker, I offer a motion to instruct States are greater than 5,000 per year, self such time as I may consume. conferees. I see no reason not to provide protec- Mr. Speaker, I accept the instruction The Clerk read as follows: tion to the 5,001 and the 5,025 victim and pledge to work with the gentleman Mr. WATT of North Carolina moves that who have been the subject of such ter- from Minnesota (Mr. SABO) and our the managers on the part of the House at the rible acts. As a result, my motion to staff with his staff to get this number conference on the disagreeing votes of the instruct instructs the conferees to re- two Houses on the Senate amendment to the to the highest possible that we can. So, bill H.R. 3244 be instructed to recede to the cede to the Senate provision which publicly, I think it is a good instruc- Senate on provisions contained in section 7 contains no such cap. tion. Let us just not do an instruction of the Senate amendment (relating to ob- We have no arbitrary limit on the and walk away and nothing ever hap- taining visas for victims of trafficking with- number of refugees who can enter this pen. Let us get the number up. out numerical limitation) in order to ensure country. We have no arbitrary limit on So I will work with the gentleman that any victim of trafficking in the United the number of asylees who can enter States who has been forced, coerced, or de- from Minnesota (Mr. SABO), and I com- this country and, in my judgment, it is frauded into sexual slavery, involuntary ser- beneath our dignity as a nation to use pletely agree and we accept. vitude, or other relevant conditions and who Mr. Speaker, I reserve the balance of has escaped such bondage may obtain a visa an arbitrary cap to shut our doors to my time. and remain in the United States and to en- victims of slavery and sex trafficking. Mr. SABO. Mr. Speaker, I yield my- courage such victims to assist United States The Members should know that this self such time as I may consume. law enforcement authorities to break up motion is supported by the Catholic Mr. Speaker, I thank the chairman trafficking rings and end the terrible prac- Conference, the National Organization for his generous comments. My friend, tice of trafficking in human beings. for Women, Legal Defense and Edu- the gentleman from Virginia (Mr. The SPEAKER pro tempore. Pursu- cational Fund and the National Immi- WOLF), has always been someone high- ant to the rule, the gentleman from gration Law Center. I urge the Mem- ly committed to safety in the various North Carolina (Mr. WATT) and the bers to support this common sense and transportation modes, and I congratu- gentleman from Florida (Mr. CANADY) compassionate motion to instruct. late him for his continued effort. each will be recognized for 30 minutes. Mr. Speaker, I reserve the balance of Mr. Speaker, I yield back the balance The Chair recognizes the gentleman my time. of my time. from North Carolina (Mr. WATT). Mr. CANADY of Florida. Mr. Speak- Mr. WOLF. Mr. Speaker, I yield back Mr. WATT of North Carolina. Mr. er, I yield myself such time as I may the balance of my time. Speaker, I yield myself such time as I consume. Mr. Speaker, I rise in opposition to The SPEAKER pro tempore. Without may consume. the motion to instruct, and I would objection, the previous question is or- Mr. Speaker, I am offering this mo- like to briefly address the motion. I dered on the motion. tion to instruct conferees at the re- need to point out to the Members that There was no objection. quest of the gentleman from Michigan The SPEAKER pro tempore. The (Mr. CONYERS), who may show up here the bill that passed the House was a carefully crafted compromise that took question is on the motion to instruct at any moment and participate in this into account all the input that we had offered by the gentleman from Min- discussion, but in the interim I am try- ing to carry his water for him. received in the committee process on nesota (Mr. SABO). Of all the human rights violations this legislation. It is my understanding The motion was agreed to. currently occurring in our world, the A motion to reconsider was laid on that of all the estimates that have trafficking of human beings, predomi- the table. been made concerning the number of nately women and children, has to be The SPEAKER pro tempore. Without potential beneficiaries under this legis- one of the most horrific practices of objection, the Chair appoints the fol- lation, who would be eligible to obtain our time. At its core, the international lowing conferees: visas, none of those estimates have ex- trade in women and children is about ceeded the 5,000 cap. Messrs. WOLF, DELAY, REGULA, ROG- abduction, coercion, violence and ex- The original estimates were substan- ERS, PACKARD, CALLAHAN, TIAHRT, ploitation in the most reprehensible tially below the 5,000 cap that is in- ADERHOLT, Ms. GRANGER, and Messrs. ways. H.R. 3244 is a modest effort to cluded in the bill, so I believe that it is YOUNG of Florida, SABO, OLVER, PAS- eradicate forcible and/or fraudulent unlikely, extremely unlikely, that this TOR, Ms. KILPATRICK, and Messrs. trafficking of persons into prostitution cap would have any practical impact. SERRANO, FORBES, and OBEY. or involuntary servitude. There was no objecton. The cap is there, however, to make cer- Among other things, the bill in- tain that this bill does not result in ad- f creases penalties and provides some missions that are beyond what was an- b 1630 protection for victims who would oth- ticipated when the legislation was con- erwise be deportable if identified by APPOINTMENT OF CONFEREES ON sidered. law enforcement, by creating a new H.R. 3244, TRAFFICKING VICTIMS The chairman of the subcommittee of ‘‘T’’ visa category for eligible victims. PROTECTION ACT OF 2000 jurisdiction, the gentleman from Texas Unfortunately, the bill reported out of (Mr. SMITH), is on his way to further Mr. GOODLING. Mr. Speaker, I ask the Committee on the Judiciary and discuss the motion to instruct and to unanimous consent to take from the approved by the House is much more express his opposition so I would just Speaker’s table the bill (H.R. 3244) to restrictive than the bill originally in- make that general observation that I combat trafficking of persons, espe- troduced by the gentleman from New have made. cially into the sex trade, slavery, and Jersey (Mr. SMITH) and the gentleman Mr. Speaker, I reserve the balance of slavery-like conditions, in the United from Connecticut (Mr. GEJDENSON). In- my time. States and countries around the world stead, a much narrower bill was sub- Mr. WATT of North Carolina. Mr. through prevention, through prosecu- stituted by the Committee on the Judi- Speaker, I yield such time as she may tion and enforcement against traf- ciary markup to satisfy unrealistic consume to the gentlewoman from fickers, and through protection and as- concerns that the bill would somehow California (Ms. LOFGREN). sistance to victims of trafficking, with enable persons to fraudulently obtain a Ms. LOFGREN. Mr. Speaker, I a Senate amendment thereto, disagree lawful status by claiming that they strongly object to the 5,000 per year to the Senate amendment, and agree to were a victim of sex trafficking or in- cap on trafficking of victim visas im- the conference asked by the Senate. voluntary servitude. posed by the majority. The majority

VerDate 11-MAY-2000 03:05 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.110 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7629 has not been able to cite a single bit of for yielding me his time and for speak- viduals will be admitted and be able to evidence in the hearing or in the mark- ing in opposition to this motion. I, too, avail themselves of this new category. up to support a cap of 5,000. We under- oppose this motion. There is no reason to remove this cap, stand from the prior speaker that there Mr. Speaker, I oppose this motion to and I strongly urge my colleagues to is opinion that this may be sufficient, strike the cap on the number of visas oppose it. and if that is the case there is cer- and green cards given to trafficking The bipartisan authors of the bill, I tainly no harm in not having an arbi- victims. The bipartisan authors of this want to repeat again, gave us the num- trary cap. If it is less than 5,000, then bill gave us this number of 5,000 when ber of 5,000 because they thought that there will be no issue but if, if, one estimating the size of the victim group. was more than adequate to satisfy the year there is more than 5,000 we would In fact, at one point, the estimated size needs of all legitimate victims, and we find this cap to be morally wrong. of victims was 1,500, so 5,000 is a very, should stand by that number. Having a It is an unfortunate fact of life that very generous level. cap in place prevents fraud, and I urge we can never predict how many people We ought to stand by their estimate all of those who are concerned about will be the victim of trafficking and and respect the desires of the bipar- fraud, as we seen so often in our immi- how serious their plight will be; how tisan authors of this bill. Also, Mr. gration system, to oppose this motion. many of them will seek refuge in our Speaker, imposing a cap obviously Mr. Speaker, I reserve the balance of wonderful country, a bastion of free- safeguards against fraud. Rather than my time. dom. Congress has granted similar dis- having an unlimited number of visas Mr. WATT of North Carolina. Mr. cretion to increase refugee caps and available that might be taken advan- Speaker, I yield myself such time as I there are no caps for asylum can- tage of by individuals wanting to get may consume. didates. So it is my view that we have into the system, we need to have that My colleague from Texas (Mr. SMITH) room in this vast, wonderful, pros- cap to avoid people being tempted to would have us believe that this is perous country for victims of sex traf- take advantage of the system and about fraud. It is not. Regardless of ficking and slavery, and I do not want abuse the privilege. how many people come in having been to be an American who says to the 5,001 This bill is a merging of both Repub- imported into our country as slaves or victim, they are out of luck. lican and Democratic trafficking bills. as sex objects, there still has to be an In fact, the evidence is that the cap The authors of this bill estimated the application to stay, and that applica- of 5,000, in fact, may be too low. There number of trafficking victims in the tion has to be evaluated, so the fraud is was recently an exhaustive report by United States to be no more than 5,000. taken out in that context. the Central Intelligence Agency titled, Both Democrats and Republicans It may be that if the gentleman is the International Trafficking in agreed on this cap at the Committee on worried about fraud, it would be 4,000 Women to the United States, a Con- the Judiciary because it was the num- in the first 5,000 who have engaged in temporary Manifestation of Slavery. ber given to us by the authors of the some fraudulent activity. That is not That is the name of the report. It out- bill. Now some want to eliminate the the issue here. The issue is would we lines women who are brought to the cap altogether. send a woman or child who has been United States to work as prostitutes Whenever a new form of immigration sexually abused and put into slavery in who are abused as laborers or servants, relief is created, many aliens apply for this country back into another country and even if this report overestimates that relief. Too often, those applica- where that kind of activity was going the number of trafficking victims by a tions do not contain bona fide claims of on, so whether the victim is the 499th large factor, the limit of 5,000 would relief. We need tools to prevent this or the 4,099th, or the 515th or the still be too low and it would deny thou- form of relief from being abused and 5,015th should not be the issue. The sands of victims of trafficking any jeopardizing relief for valid and legiti- issue is what should our policy be, and right to remain in this country. mate claimants. One of those tools is a we should open our arms to these peo- So I think we ought to put this into cap. ple. context. We have already in this coun- When a group of people needs protec- Mr. Speaker, I keep hearing these es- try women who have been brought here tions or relief from deportation, it is timates and the statement that there and really held in virtual slavery, important to know the size of that was some bipartisan agreement. Let sometimes as victims of sexual oppres- group to understand the size of the me be clear that there was no bipar- sion. When those women break free, we problem. If the group size is known or tisan agreement about this number. want to make sure that they have estimated, no harm is done in creating The bill came out of the committee, found refuge in this country of free- a cap that correlates to that group’s but there was substantial disagree- dom. We do not want to then turn them size. The size of trafficking victims has ment. There was an effort to revise the away back to their abusers. been estimated. The authors of the bill number in the committee, and I am So, Mr. Speaker, I would urge my have told us the group size is 5,000 peo- looking at a report here from the Cen- colleagues on both sides of the aisle to ple so no harm comes from imposing a tral Intelligence Agency briefing in lift up their hearts, remember that cap of 5,000 and, in fact, much good April of 1999 that estimated that the America stands for freedom, to under- comes from having a cap to stop the number of women and children who are stand that we have room for the 5,001 fraud and abuse. trafficked annually into the United victim of slavery who is held here and This cap will prevent large numbers States primarily by small crime rings seeks freedom and to support the mo- of aliens from falsely claiming to be and loosely connected criminal net- tion to instruct conferees. trafficking victims. It safeguards works is between 45,000 and 50,000. Mr. CANADY of Florida. Mr. Speak- against fraud, which everyone should Now, the estimate, the guess, about er, I yield the balance of my time to be concerned about. how many of those people will come the gentleman from Texas (Mr. SMITH), Finally, the caps in this bill are on forward and present themselves is no the Chair of the Subcommittee on Im- the victims only. They are not on the more than conjecture. One-tenth of migration and Claims, and I ask unani- victims’ family members. So spouses, them might come forward, in which mous consent that he be permitted to sons and daughters, children of the vic- case we would have a number between control the remainder of the time. tim and even parents of the victim, if 4,500 and 5,000; but if 20 percent of them The SPEAKER pro tempore. Is there the victim is under 21, may all receive came forward, you would have a num- objection to the request of the gen- a visa and a green card free from this ber at 10,000, and would it be in our own tleman from Florida? cap. conscience as a Nation to deprive that There was no objection. extra 5,000 or that extra 100 by some ar- b Mr. SMITH of Texas. Mr. Speaker, I 1645 bitrary cap that really is just an arbi- yield myself such time as I may con- The same is true for the green cards trary figure? sume. themselves. The green card cap of 5,000 Our policy is to welcome people in, Mr. Speaker, first of all, I would like is again just for the victims only. It is who have been abused, into other coun- to thank my colleague and friend, the not on the victims’ family members, so tries, and that should continue to be gentleman from Florida (Mr. CANADY), obviously many more than 5,000 indi- our policy.

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.115 pfrm04 PsN: H14PT1 H7630 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Mr. Speaker, I yield as much time as forward and seek to stay here once the arbitrary 5,000 annual cap so we he may consume to the gentleman they have been trafficked in? If the fig- can provide these as to all victims who from Michigan (Mr. CONYERS). ure is wrong, it is because the report is have been forced into involuntary ser- (Mr. CONYERS asked and was given wrong; it is not because I have mis- vitude and sexual trafficking. permission to revise and extend his re- stated the record. I am stating it in Mr. Speaker, needless to say, we can marks.) good conscience. I cannot verify it. I document today with stories that re- Mr. CONYERS. Mr. Speaker, I thank was reading from a report. Maybe the count for us that sexual trafficking or the gentleman from North Carolina gentlewoman from California (Ms. trafficking of human beings for sexual (Mr. WATT) for yielding me the time. LOFGREN) will have some clarification. activities continues today. When we This is a human rights issue of great Ms. LOFGREN. Mr. Speaker, will the traveled to Southeast Asia and Ban- moment to me. One of the worst prac- gentleman yield? gladesh and India and Pakistan, there tices that has come to the Congress’ Mr. WATT of North Carolina. I yield were women there who told us they attention is this trafficking of women to the gentlewoman from California. were victims of it. and children and the coercion and ex- Ms. LOFGREN. Mr. Speaker, I just It has happened to us, there were ploitation and violence that accom- wanted to ask the gentleman his judg- children who were able to relay the panies it. ment. It is my understanding from law story of what happens, and sometimes We are disappointed that the bill in- enforcement that the ability to actu- these people are able to make their troduced formally by our colleagues ally prosecute these traffickers and to way to a refuge in the United States, the gentleman from Texas (Mr. SMITH) put an end and decrease the number of and that is why the Catholic Con- and the gentleman from Connecticut people who are brought in and abused ference, the National Organization for (Mr. GEJDENSON) has been narrowed in is really very much dependent on the Women Legal Defense and Education the Committee on the Judiciary, and ability of these women to escape and to Fund, and The National Immigration we have put caps at 5,000 per year on understand that they will be given ref- Law Center see the merit in this mo- the number of victims. uge; and if you cannot escape and be As the gentleman from North Caro- tion to instruct, that the cap is dan- given refuge, then you really cannot lina has pointed out, this is arbitrary gerous, the cap is devastating, and in cooperate with the police, and we will and beneath our dignity as a Nation. I some sense, Mr. Speaker, it is inhu- never be successful in eliminating and am happy to say that many of the im- man. prosecuting and ending this trafficking migration and human rights organiza- It is extremely important that we in human beings as sex slaves. tions support us, and so I urge that this begin to look at this problem as a real- Mr. Speaker, I would ask the gen- motion to instruct be given very care- life, 21st century problem; and the act tleman from North Carolina if that is ful attention by our colleagues. itself combats trafficking with a three- Mr. Speaker, I think the cap is arbi- his understanding as well. tier approach. It has prevention, pros- trary and does frankly a good dis- Mr. WATT of North Carolina. Re- ecution, and enforcement against the service to our international image as a claiming my time, I think the gentle- traffickers, but we must find a way to country concerned with human rights. woman from California makes an ex- protect the victims. Mr. SMITH of Texas. Mr. Speaker, I ceptionally good point that in addition This motion to instruct says the vic- yield myself such time as I may con- to the human rights argument, there tims are important. The capping is sume. are actually public safety and criminal wrong. Let us remove the arbitrary Mr. Speaker, I just want to say to my law administrative reasons that we cap. Let us make sure that we provide friend from North Carolina (Mr. WATT), should not have this cap, because we visas to all of those in need. This is because I know him well enough to want to have in place an incentive for reasonable, Mr. Speaker. It addresses know that he would never inten- these women and children to be able to the current problem. I hope my col- tionally mislead anyone, but I would come forward and break out of this sex leagues will see the good sense of it, like to clarify a figure that he used, ring and slave ring and come forward. and that they will vote for it. 45,000, and emphasize that is a world- The primary incentive they have is to Mr. Speaker, trafficking in human beings is wide figure of possible victims. That is seek to be able to stay in the United a form of modern-day slavery. At its core, the not the number expected, I understand, States, and if they cannot do that, then international trade in women and children is to come to the United States. we provide no protection to them as a about abduction, coercion, violence, and ex- I would repeat the point that the au- Nation. ploitation in the most reprehensible ways. thors of the bill who represented Re- Mr. Speaker, I yield 3 minutes to the Trafficking victims suffer extreme physical publicans and Democrats are very com- gentlewoman from Texas (Ms. JACK- and mental abuses, including rape, torture, fortable with this cap of 5,000. It does SON-LEE). starvation, imprisonment, death threats, and guard against fraud. In fact, going back Ms. JACKSON-LEE of Texas. Mr. physical brutality. Women and children traf- to the cap, we think it is more than Speaker, I thank the gentleman from ficked into the sex industry and exposed to generous, and I urge my colleagues to North Carolina (Mr. WATT) for yielding deadly diseases, including HIV and AIDS. Vic- oppose this motion, one, because we the 3 minutes to me. tims trafficked into domestic servitude, bonded need to prevent fraud; and, two, be- Let me thank the gentleman from sweatshop labor and other industries are sub- cause the bipartisan authors of the bill Michigan (Mr. CONYERS) for this mo- ject to violence and sometimes literally worked are happy with that cap. tion to instruct and the leadership of to death. Mr. Speaker, I reserve the balance of the Members on this floor. I hope that The Trafficking Victims Protection Act of my time. our colleagues are listening to us. The 1999 combats trafficking with a three-tier ap- Mr. WATT of North Carolina. Mr. gentlewoman from Illinois (Ms. proach. It provides for prevention, prosecution Speaker, I yield myself such time as I SCHAKOWSKY) and myself offered an and enforcement against the traffickers, and may consume. amendment, or legislation, dealing assistance to the victims of trafficking. We can Mr. Speaker, I want to comment on with battered immigrant women, and should provide assistance to the victims the point that my colleague from which is not a directly pointed point, of trafficking. Texas (Mr. SMITH) has raised. I am but it does deal with the abuse of However, the bill unnecessarily caps at reading a report from the Center for women. 5,000 per year the number of victims who can the Study of Intelligence, and I am So we know that overall in these receive a nonimmigrant visa and caps at reading verbatim from that report. It issues dealing with sexual abuse or 5,000 per year the number of victims which says, and I quote: ‘‘An estimated 45,000 physical abuse, it is most necessary to can become permanent residents. to 50,000 women and children are traf- have some kind of relief. The capping This is unfortunate because estimates of ficked annually to the United States.’’ that is going on with respect to the victims entering the United States are greater Now, that might be worldwide being victims of trafficking is egregious, and than 5,000, and we should not cut off protec- trafficked into the United States, but it is important that we should not cap tion. that is what this bill is about. the numbers to avoid helping people. This Motion To Instruct is supported by the How many of them are we going to What happens is with this motion, it Catholic Conference and the National Organi- allow? How many are going to come answers the need, because it eliminates zation for Women Legal Conference and the

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.117 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7631 National Organization for Women's Legal De- Mrs. FOWLER, Florida; ADJOURNMENT TO MONDAY, fense And Education Fund. I urge Members to Mr. MCKEON, California; SEPTEMBER 18, 2000 support this Motion to Instruct. Mr. EHLERS, Michigan; Mr. WELDON of Pennsylvania. Mr. Mr. WATT of North Carolina. Mr. Mr. HOSTETTLER, Indiana; Speaker, I ask unanimous consent that Speaker, I yield back the balance of Mr. LAHOOD, Illinois; when the House adjourns today, it ad- my time. Mr. LATHAM, Iowa; journ to meet at 12:30 p.m. on Monday, Mr. SMITH of Texas. Mr. Speaker, I Mr. GIBBONS, Nevada; September 18, 2000, for morning hour yield myself such time as I may con- Mr. RILEY, Alabama; and debates. sume. Mr. SHERWOOD, Pennsylvania. The SPEAKER pro tempore. Is there Mr. Speaker, I hope Members will re- f member to vote against this motion be- objection to the request of the gen- cause it will prevent fraud, and the cap LEGISLATIVE PROGRAM tleman from Pennsylvania? There was no objection. has been agreed to by the authors. Mr. ARMEY. Mr. Speaker, I am pleased to f Mr. Speaker, I yield back the balance announce that the House has completed its of my time. legislative business for the week. There will be DISPENSING WITH CALENDAR The SPEAKER pro tempore (Mr. no votes in the House tomorrow in honor of WEDNESDAY BUSINESS ON WALDEN of Oregon). Without objection, our late friend and colleague, the gentleman WEDNESDAY NEXT the previous question is ordered on the from Virginia, Herb Bateman. Mr. WELDON of Pennsylvania. Mr. motion. The House will next meet on Monday, Sep- There was no objection. Speaker, I ask unanimous consent that tember 18 at 12:30 p.m. for morning hour and the business in order under the Cal- The SPEAKER pro tempore. The 2 o'clock p.m. for legislative business. We will question is on the motion to instruct endar Wednesday rule be dispensed consider a number of bills under suspension with on Wednesday next. offered by the gentleman from North of the rules, a list of which will be distributed Carolina (Mr. WATT). The SPEAKER pro tempore. Is there to Members' offices tomorrow. objection to the request of the gen- The motion was agreed to. On Monday, no recorded votes are ex- A motion to reconsider was laid on tleman from Pennsylvania? pected before 6 o'clock p.m. There was no objection. the table. On Tuesday, September 19 and the balance f The SPEAKER pro tempore. Without of the week, the House will consider the fol- objection, the Chair appoints the fol- lowing measures: SPECIAL ORDERS lowing conferees: Messrs. GILMAN, The Debt Relief Lockbox Reconciliation Act The SPEAKER pro tempore. Under GOODLING, SMITH of New Jersey, HYDE, for FY 2001; SMITH of Texas, Mrs. JOHNSON of Con- the Speaker’s announced policy of Jan- H.R. 2909, the Inter-country Adoption Act; uary 6, 1999, and under a previous order necticut; and Messrs. GEJDENSON, LAN- H.R. 4205, the Floyd D. Spence National TOS, CONYERS, and CARDIN. of the House, the following Members Defense Authorization Act for Fiscal Year will be recognized for 5 minutes each. There was no objection. 2001 Conference Report; and f H.R. 3244, the Trafficking Victims Protection f APPOINTMENT OF MEMBERS TO Act Conference Report. The SPEAKER pro tempore. Under a ATTEND THE FUNERAL OF THE Mr. Speaker, we also expect that appropri- previous order of the House, the gen- LATE HONORABLE HERBERT H. ators will be working hard to complete con- tleman from California (Mr. RADANO- BATEMAN ference reports for consideration in the House VICH) is recognized for 5 minutes. next week. (Mr. RADANOVICH addressed the The SPEAKER pro tempore. Pursu- f House. His remarks will appear here- ant to House Resolution 573, the Chair after in the Extensions of Remarks.) announces the Speaker’s appointment b 1700 f of the following Members of the House to the committee to attend the funeral THE JOURNAL The SPEAKER pro tempore. Under a previous order of the House, the gen- of the late Herbert H. Bateman: The SPEAKER pro tempore (Mr. tleman from Indiana (Mr. BURTON) is Mr. BLILEY, Virginia; WALDEN of Oregon). Pursuant to clause recognized for 5 minutes. Mr. HASTERT, Illinois; 8, rule XX, the pending business is the (Mr. BURTON of Indiana addressed Mr. ARMEY, Texas; question of the Speaker’s approval of the House. His remarks will appear Mr. BONIOR, Michigan; the Journal of the last day’s pro- hereafter in the Extensions of Re- Mr. WOLF, Virginia; ceedings. marks.) Mr. BOUCHER, Virginia; Pursuant to clause 1, rule I, the Jour- Mr. SISISKY, Virginia; nal stands approved. f Mr. PICKETT, Virginia; f AMERICA’S NATIONAL SECURITY Mr. MORAN, Virginia; Mr. GOODLATTE, Virginia; EIGHTH BIENNIAL REPORT OF The SPEAKER pro tempore. Under Mr. SCOTT, Virginia; INTERAGENCY ARCTIC RE- the Speaker’s announced policy of Jan- Mr. DAVIS, Virginia; SEARCH POLICY COMMITTEE— uary 6, 1999, the gentleman from Penn- Mr. GOODE, Virginia; MESSAGE FROM THE PRESIDENT sylvania (Mr. WELDON) is recognized for Mr. SPENCE, South Carolina; OF THE UNITED STATES 60 minutes as the designee of the ma- Mr. SHUSTER, Pennsylvania; jority leader. Mr. SKELTON, Missouri; The SPEAKER pro tempore laid be- Mr. WELDON of Pennsylvania. Mr. Mr. STUMP, Arizona; fore the House the following message Speaker, I rise today to discuss an Mr. BEREUTER, Nebraska; from the President of the United issue that is not getting the attention Mr. HUNTER, California; States; which was read and, together I feel it deserves in the current na- Mr. SKEEN, New Mexico; with the accompanying papers, without tional debate between the major presi- Mr. BILIRAKIS, Florida; objection, referred to the Committee dential candidates and Members from Mr. BURTON, Indiana; on Science: both parties running for Congress, the Mr. ORTIZ, Texas; To the Congress of the United States: House and the Senate, and that is the Mr. PACKARD, California; As required by section 108(b) of Pub- issue of America’s national security. Mr. HOUGHTON, New York; lic Law 98–373 (15 U.S.C. 4107(b)), I I want to start, Mr. Speaker, by fo- Mrs. MORELLA, Maryland; transmit herewith the Eighth Biennial cusing on the speech that President Mr. GOSS, Florida; Report of the Interagency Arctic Re- Clinton gave at Georgetown University Mr. MCNULTY, New York; search Policy Committee (February 1, just 2 weeks ago on the issue of na- Mr. TANNER, Tennessee; 1998, to January 31, 2000). tional missile defense. The President Mr. BARTLETT, Maryland; WILLIAM J. CLINTON. gave the speech because when he signed Mr. BUYER, Indiana; THE WHITE HOUSE, September 14, 2000. my national missile defense bill into

VerDate 11-MAY-2000 03:21 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.064 pfrm04 PsN: H14PT1 H7632 CONGRESSIONAL RECORD — HOUSE September 14, 2000 law over 1 year ago, the President said Congress to change the minds of Bill What are these guidance systems that he would sign into law, agree to Clinton and AL GORE in terms of mis- used for? They are used to make those move forward, on national defense, but sile defense. missiles that killed our young people then make a decision to go forward at Now, let me state for the record, Mr. more accurate. They are used to make some point in time in the future. Speaker, that President Clinton and the missiles that killed Jews in Israel Mr. Speaker, let me go back and re- Vice President GORE categorically op- more accurate. The Washington Post state for our colleagues the facts in posed missile defense through the first said that we had caught the Russians this area, the actions by the President, 7 years of their administration. Now, giving this technology to Iraq, on the and then go through the President’s the President and the Vice President front page of their newspaper. speech in detail and attempt to give can spin this any way they want, but So I was in Moscow, and I was in the what I would consider to be our re- the facts are that for 7 years they op- office of Ambassador Tom Pickering, sponse to the President’s speech. posed missile defense. They opposed who is currently the third ranking First of all, Mr. Speaker, 5 years ago the Congress when we said the threat leader in our State Department. I said, the CIA produced an intelligence esti- was emerging. They opposed the Con- ‘‘Ambassador Pickering, what was the mate that told the Congress and the gress when Democrats and Republicans Russian response when you asked them American people we would not expect put more money into missile defense about the fact that we caught them to see a threat emerge that could hurt systems. They opposed the Congress transferring these devices to Iraq, the U.S. directly from a long-range when we said that the ABM treaty was which is a violation of the missile tech- missile for at least 15 years. not flexible enough to allow us to de- nology control regime, an arms control Many of us on both sides of the aisle fend our homeland and our people. For agreement?’’ felt that that estimate was incorrect. 7 years, President Clinton and Vice He said, ‘‘Congressman WELDON, I In fact when we pressed the CIA, and I President GORE said we do not have to didn’t ask the Russians yet.’’ was the one who got the first classified worry about missile defense, we rely on I said, ‘‘Mr. Ambassador, why briefing on that report because I was arms control agreements. wouldn’t you ask the Russians? The one of the requesters of it, the CIA Let me say this, Mr. Speaker. I am Washington Post reported it on the eventually changed its mind and came not against arms control agreements. front page. They said it happened back to a conclusion that we all agreed to In fact, I support most of the arms con- in June. Why would we not demand the with Donald Rumsfeld and the Rums- trol agreements that America is a Russians stop this process and demand feld Commission that in fact the threat party to. But there is an interesting action on the part of sanctioning those was not 15 years away, but that in fact point about arms control, Mr. Speaker, Russian companies?’’ the threat was here today and growing and that is that if you do not enforce He said, ‘‘That effort has got to come dynamically with every passing day. those agreements, if you do not abide from the White House. It has got to That major change caused a bipartisan by the requirements to penalize those come from Washington. I can’t take group in the Congress to want to prod entities that violate those agreements, that action as the ambassador here.’’ this administration to move forward in they mean nothing, they are worthless So I came back to Washington and defending America, its people, and its pieces of paper. wrote to President Clinton a letter in troops. That has been the record of this ad- January of that year, which he re- Some would say, why would you want ministration. Two years ago, Mr. sponded to in March of that year, and to do that? There has never been an at- Speaker, I did a speech on the House in that letter he said, ‘‘Dear Congress- tack on America. No country is going floor. I documented in that speech 37 man WELDON, I agree with you. We are to attack us because we have such tre- violations of arms control agreements very concerned that Russia may have mendous clout, we could wipe them by China and Russia. Thirty-seven transferred technology to Iraq that out, and if they really want to harm us, times we caught Russia and China could harm Israel and could harm they would use a truck bomb or use a sending technology away from their America, and if we find that that took car bomb or an explosive device. country, which is illegal under the place, we will impose the required Mr. Speaker, the facts just do not arms control agreements that we are sanctions under the treaty, we will support that contention. In fact, Mr. party to with those nations. take aggressive action. But, Congress- Speaker, in 1991, 28 young Americans Where did they send that technology? man WELDON, we have no evidence.’’ came home in body bags from Saudi They sent it to a few countries: Iran, Mr. Speaker, over in my office at 2452 Arabia because our country let those Iraq, Syria, Libya, North Korea, Paki- Rayburn, I have two devices. I have an young men and women down. Twenty- stan and India. Thirty-seven times we accelerometer and a gyroscope, the eight young Americans came home in caught the Russians and the Chinese heart of Soviet guidance systems that body bags because we could not defend sending technology abroad. That is a were taken off of Soviet missiles that against a low complexity scud missile. violation of arms control agreements, we caught being transferred to Iraq, The scud missile was launched into our and 37 times we should have imposed not once, not twice, but three times. military barracks in Saudi Arabia, just sanctions on those countries and on Every time I travel around the coun- as Saddam had launched missile after those companies in those countries try, and I have spoken to 10 or 15 missile into Israel, raining terror on that we caught violating those arms AIPAC meetings, I have spoken to hun- the Israeli families who were injured control acts. dreds of defense organizations, I take and killed by those attacks. Out of those 37 times that we caught my guidance systems. Mr. Speaker, that attack by Saddam the Russians and the Chinese transfer- I cannot tell you where I got them, on our soldiers, and they were both ring arms, we opposed the required but I can tell you it was through one of young women and young men, they sanctions two times; once when we our agencies in this country. And I were young wives and young fathers, caught the Chinese transferring M–11 hold them up, and I say, ‘‘Mr. Presi- because they were largely from reserve missiles to Pakistan, and the second dent, here is the evidence that you said units, half of them from my State, time when we caught the Chinese we didn’t have.’’ In fact, Mr. Speaker, showed the vulnerability of America to transferring ring magnets to Pakistan we have over 100 sets of those guidance the emerging threat that missiles pro- for the nuclear program. The other 35 systems that we captured that were vide. times we pretended the transfers never being transferred from Russia to Iraq In 1991, this Congress vowed that that occurred. We denied that we had evi- on those three occasions, and we expect would never happen again, that we as dence. that Russia probably transferred hun- Republicans and Democrats would In fact, Mr. Speaker, it is so bad that dreds of other systems to Iraq for the never allow America’s sons and daugh- in one case I was in Moscow January of same purpose. ters to be wiped out by a terrorist like 1996, one month after the Washington The point is this, Mr. Speaker: If we Saddam or a Nation like Iran or North Post reported that we had caught, ac- do not enforce arms control agree- Korea that would use missiles to kill tually with the help of our allies in ments, the arms control agreements our people. So, as a result, Mr. Speak- that area, we had caught the Russians mean nothing. This administration has er, we began to work the process in the transferring guidance systems to Iraq. the worst record in the history of arms

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.127 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7633 control agreements in lack of enforce- Two days later, in spite of that per- after lobbying us and saying that we ment. sonal lobbying by Vice President GORE did not need it. How about a second situation? The and personal lobbying by President Mr. Speaker, that is why we have a President of Israel at the time, Mr. Clinton, this House passed the Iran problem. That is why we have nations Netanyahu, came out publicly and said missile sanctions bill with not just Re- that are now threatening Israel and our Israel had evidence that Russia was co- publican votes. Mr. Speaker, 396 Mem- friends in the Middle East that we can- operating with Iran in building a new bers of Congress, 396 Members of Con- not defend against. Because this ad- missile system that could directly hit gress out of 435 voted to slap the Presi- ministration has allowed the tech- Israel from anyplace in Iran called the dent across the face because he was not nology to flow like running water down Shahab-3 and Shahab-4. Israel came enforcing the very arms control agree- a riverbed. This administration, while out with this publicly. It was a sensa- ment he talks about so frequently. not enforcing arms control agreements, tional story. All the Jews in America We broke for the Christmas and reli- has opposed us every step of the way on were upset, all Americans were upset, gious holidays and came back in Feb- missile defense. because here was a respected ally of ruary of the next year. The Senate was Now, the President gave us a great America saying publicly that they had going to take up the same bill, the Iran speech at Georgetown. He bit his lip, he evidence that there were violations of missile sanctions bill. tweaked his eye and did all of those arms control agreements by Russia I get another call in my office, an un- things that make him so appealing on giving technology to Iran that could usual call, again from the White House national television. But he did not tell threaten our friends and threaten inviting me back to the Old Executive the truth, Mr. Speaker; and that is the Americans. Office Building. So I again went down. most important thing. He said, we are Well, the Congress was livid. Demo- The same people were there, the same for missile defense. crats and Republicans joined together. leaders of the House and the Senate Let us look at the facts, Mr. Speaker. In fact, the gentleman from New York from both parties. We sat around the Four years ago the President went be- (Mr. GILMAN) joined with Democrats in table. Again, it was Vice President fore the AIPAC national convention. a bipartisan bill called the Iran missile GORE, it was Leon Fuerth, and this AIPAC is the group that represents the sanctions bill. That bill was designed time, a member of the National Secu- Jews in America who are concerned to force the administration to impose rity Council, Jack Caravelli. For 1 hour about issues affecting Israel’s security. sanctions on Russia. That is required and 30 minutes they lobbied us against President Clinton stood on the podium by the treaty. the Iran missile sanctions bill. They in front of 2,000 Jews at an AIPAC con- But the Congress was so incensed said, you cannot pass this in the Sen- vention, and he pounded his fist on the that Democrats and Republicans said ate. You have passed it in the House; it dais and he said this: I will never let they do not get it, we are going to is embarrassing to us. If you pass it in the Jews in Israel feel like they are un- force them. Two hundred fifty Members the Senate, it will cause further harm protected from the missiles that Iran of Congress in a bipartisan manner en- to our relationship with Russia. and Iraq are now acquiring. I will sup- dorsed the Iran missile sanctions bill. When the Vice President finished, we port the Arrow program that Israel is The bill was scheduled for a vote on said, Mr. Vice President, you do not trying to build. the House floor. Three days before the get it. You have not stopped the pro- Well, let us look at the facts, Mr. bill was scheduled for a vote, my office liferation. You are not enforcing the Speaker. That same year, the adminis- got a call from the White House. We do arms control agreements. The tech- tration had requested no dollars for the not get many calls from the White nology is still going to our enemies, Arrow program, which comes under my House, Mr. Speaker, for obvious rea- and you are sitting on your hands. We subcommittee. In fact, Mr. Speaker, sons. In this case it was Vice President do not want to cause conflict with Rus- because I formed a relationship with GORE calling me to invite me to come sia, but you have armed control agree- the Israelis and with the Israeli to the Old Executive Office Building so ments to stop proliferation, and if you Knesset on a cooperative bilateral pro- that he could convince me that the bill are not going to enforce them, then tection capability, we went to the was a bad idea. these agreements are worthless pieces Israelis and to AIPAC and said, how Well, I respect the Vice President, so of paper. much money should we put in the de- I said, sure, I will come down. So I With that, we left the Vice Presi- fense budget for AIPAC? The number traveled down to the Old Executive Of- dent’s office. A week later the Senate for the Arrow program that year did fice Building and went into a room voted the bill. Again, Mr. Speaker, the not come from the White House, it did where there were Members of the vote was 96 to 4. Mr. Speaker, 94 sen- not come from the Pentagon, it came House and Senate from both parties ators to 4, slapping the President and from an inquiry that I made to AIPAC; sitting around a table. Let me see now, the Vice President across the face, be- yet the President said he was sup- if memory is corrected, CARL LEVIN cause they did not get it. Arms control porting the protection of the people in was there, JOHN MCCAIN was there, BOB agreements are no good unless we en- Israel. He also said he was supporting a KERRY was there, Lee Hamilton was force them, and an administration that program called THEL, Theater High there, the gentleman from New York basis its strategic relationships on Energy Laser, one of the most prom- (Mr. GILMAN) was there, Jane Harman arms control, but does not enforce ising technologies to take out missiles was there, JOHN KYL was there. those agreements, has no international like those being developed by the Ira- security ability, and has no foreign pol- nians and the Iraqis. What the Presi- b 1715 icy. We passed that bill overwhelm- dent did not tell the folks at AIPAC About 14 Democrats and Republicans ingly, and the President had the audac- that year was that he had zeroed out from the House and the Senate with ity to veto it. funding for the THEL program for 3 Vice President GORE and Leon Fuerth, Mr. Speaker, we could not override straight years. his National Security Adviser. For one the veto that year, there was not Mr. Speaker, one cannot continue to hour, they lobbied us not to support enough time, so we came back in this say one thing and do something else. the Iran missile sanctions bill. They session of Congress; and we passed the When the President talked about de- said, if you bring this bill up on the bill again in the House and in the Sen- laying the deployment of missile de- floor of the House and if you pass it, it ate. And guess what the President did fense at Georgetown last week, he will undermine our relationship with this time, Mr. Speaker, because he does failed to mention a few things. He said Russia and Boris Yeltsin. When the this so well? He must have went like he was supported. Well, let us look at Vice President finished, we said, Mr. this, let us see, which way is the wind the facts, Mr. Speaker. I was very care- Vice President, with all due respect, blowing today. Oh, the polls are show- ful over the past 6 years in building a and we do respect you as a person, ing that I better sign this, or I am case for missile defense to base our there is no longer a confidence in the going to be embarrassed and they are case on facts, not rhetoric. I did not Congress that you are enforcing arms going to override my veto. So the agree with the approach that was control agreements and stopping pro- President signed our Iran missile sanc- taken under the Reagan years, when I liferation. tions bill into law, after opposing it, was not here, of a massive umbrella

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.128 pfrm04 PsN: H14PT1 H7634 CONGRESSIONAL RECORD — HOUSE September 14, 2000 that would protect all America. I did overwhelming. Mr. Speaker, 317 Mem- that it is going to take 5 years before not think it could work. That is not bers of Congress said once again to Bill we can put a system into place that what we proposed. We proposed a sys- Clinton, you just do not get it, Presi- will meet the challenges of the threats tem that would provide a thin layer of dent Clinton. We are going to force you that we see emerging. protection against those rogue threats to do something that you have been op- Mr. Speaker, the President said, and that we know are there today, and that posed to. The Senate passed a similar I quote: ‘‘The technology is not ready.’’ was our basis. We had over 150 classi- bill with 98 votes. Now, that was an absolute distortion. fied and public briefings and hearings So guess what the President did, Mr. Either he was misinformed, or he lied. for our colleagues in this Chamber to Speaker? He did what he did on the Now, why do I say that? Because, Mr. learn the facts about the growing Iran missile sanctions bill. He read the Speaker, over the summer we held threats, to learn the facts about the polls. Well, the Congress is overwhelm- hearings in my committee on the Com- technology, to learn the facts about ingly in favor, and the American people mittee on Armed Services where we what our allies would say. say do it. I better find a way to support had the President’s experts on missile After all of those briefings and all of that bill, sign it into law, but to politi- defense testify. Jack Gansler is one of those hearings, Mr. Speaker, I worked cally leave myself an out so I can get the highest ranking officials in the with my colleagues on the other side to out from under this right before the President’s Defense Department at the put into place a bipartisan bill. In fact, election next year, and that is when he Pentagon. He is in charge of acquisi- the gentleman from South Carolina did. He signed the bill into law and un- tion and technology, I think number three in the Pentagon. (Mr. SPRATT) was my cosponsor. That like Bill Clinton, there was no Rose bill had bipartisan support. It simply Garden signing ceremony; and if you b 1730 said, we will deploy a missile defense know this White House, they do that Jack Ganzler said in questioning in system. Simple phrasing. One sentence. more than we eat meals. There was no our committee, and I will provide a It is the policy of the United States to Rose Garden event where people came copy of it for the RECORD, that when I deploy a national missile defense sys- down and stood behind the President. asked him, ‘‘Is the technology to hit to tem. The bill was scheduled for a vote Very quietly, with no one around, the kill a missile with a missile or a bullet a year ago in March. On the day the President signed the bill into law, H.R. with a bullet, is that technology bill was coming up for a vote, Presi- 4, because he knew he could not oppose achievable,’’ his answer was, ‘‘In my dent Clinton sent a letter, along with it. We would overwhelmingly override opinion, the technology is here. We AL GORE, to every Member of this his veto. have achieved the technology.’’ body, 435 Members. And the President So the President said when he signed General Kadish is a three-star gen- said this: I oppose CURT WELDON’s bill the bill into law, I will make my deci- eral, a very capable leader. He is paid on missile defense. I urge you, Demo- sion next year about whether or not we to represent our military in running crats and Republicans, to vote no on should deploy a system. He said, I am the program. He is not Democrat, he is H.R. 4. going to make it based on some fac- not a Republican, he is a paid military I knew the President was against tors, whether or not the threat is real, expert. He is respected by leaders in missile defense all along. I knew AL what our allied response is, and wheth- both parties. GORE was against missile defense all er or not it is cost justified, and wheth- General Kadish testified before our along, so it did not surprise me. In fact, er or not the technology is there. And committee. We asked him, ‘‘General, is it was exactly what I wanted. that was the basis of his speech at the technology achievable to do this? So we convened that day. I had al- Georgetown. Can we hit a bullet with a bullet?’’ ready gone to Moscow with Don Rums- So, Mr. Speaker, let me analyze some General Kadish said, ‘‘In my opinion, feld and Jim Woolsey, who was Bill of the facts in that speech. First of all, the technology is here. We have done Clinton’s CIA director. We had already Mr. Speaker, the President himself ac- it. It is no longer a technology prob- briefed the Russians on what we were knowledged in his speech, the threat is lem, it is an engineering challenge to doing; we had already closed the House here. He said, for the first time, the put the systems together.’’ down for 2 hours and had a classified threat to America is here and it is The Welsh report. General Welsh is a briefing on this floor where NINE mem- growing. In 7 years and 10 months, or 8 retired Air Force general that the Clin- bers of the Rumsfeld Commission pre- months of Clinton-Gore administra- ton administration hired to survey our sented factual information. Mr. Speak- tion, never once did they admit that progress on missile defense. The Welsh er, 250 Members of Congress sat in the threat was here and growing. In the report said unequivocally that the these chairs with no staff here and Georgetown speech 2 weeks ago, Presi- technology is here. So we had Jack Ganzler, General heard the briefing that outlined the dent Clinton acknowledged what we Kadish, and General Welsh in the fact that the threat is here today to have said for 7 years: the threat is real Welsh report all saying publicly, there America and that we better do some- and it is growing. is not a technology problem. What does The second issue the President raised thing about it. All of that took place. President Clinton say at Georgetown? On the day of the vote, I said this to was, but I am not sure that technology ‘‘We have a technology problem.’’ Ei- my colleagues: it is a clear choice is ready. We need more testing. Now, ther President Clinton does not listen today, folks. If you support President that was a great statement by the well, he does not pay attention, or else Clinton and AL GORE, then vote against President: we need more testing. For 6 he lies well, because his three top ex- my bill. Oppose it. I will respect you, years, Mr. Speaker, this body has been perts on this issue totally refuted what because I will respect you for your con- plussing up funds for more testing of he said to the American people when he victions of thinking we do not need missile defense systems each year; in said that the technology was not at this system. So vote against it, and we fact, has spent $1 billion each year hand. will still be friends. But if you agree more than what the President asked Now, there are challenges. There are with me, if you agree with the CIA and for. Now, you know what the President engineering challenges. There are chal- the revised threat assessment; if you and Vice President did each year? They lenges to sort out decoys from the real agree with Donald Rumsfeld and Jim criticized the Congress when we put bomb that may be coming in. But those Woolsey, if you agree with those people more money in for testing. Yet, in the challenges are achievable. In fact, the who say the threat is here today, then Georgetown speech, the President said, head scientist for the National Missile vote for my bill, and vote against the we need more testing. Defense Program, Dr. Peller, when he President. Now, he cannot have it both ways, testified before our committee, I asked Mr. Speaker, we had a lot of debate Mr. Speaker. He cannot go to George- him, I said, ‘‘Dr. Peller, how hard is it that day. When the vote came, the town and say I am for missile defense, to build a system that can shoot down President lost. Mr. Speaker, 103 Demo- I want more testing, even though for a missile with another missile?’’ crats voted with me, 102 Democrats the past 6 years, I have opposed the He said, ‘‘Congressman, when I voted with Bill Clinton and AL GORE, funding for more testing. The Presi- worked at Boeing, before I ran this pro- and all but two Republicans voted with dent said, the technology is not ready gram I ran their Space Station pro- me. The vote was veto-proof; it was yet. Well, Mr. Speaker, we all know gram. The challenge to build a Space

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.130 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7635 Station is much harder and greater said ‘‘I challenge America to work to- the discussions between our two coun- than the challenge I face on national gether with Russia on developing a tries, in 1996 they cancelled the only missile defense.’’ missile defense system that could pro- cooperative program with America. So all of the experts, Mr. Speaker, re- tect both people.’’ What do Members think they are fute the comments the President made George Bush was president back thinking? They are thinking that for at Georgetown, yet the President got then. What was George Bush’s re- some reason Clinton has some effort to away with this grand national speech. sponse? George Bush says, ‘‘I accept not want Russia involved in missile de- He also said, ‘‘I am making a decision your challenge, President Yeltsin. Let fense. to delay deployment today because I us work together.’’ So our State De- Then came 1996 and 1997. What hap- want to do more testing. I want to partment and the Russian Foreign pened then? President Clinton decided make sure it will work.’’ The irony is, Ministry began high-level discussions. that since he is a big arms control fan Mr. Speaker, the only thing that he did They were called the Ross-Mamedov along with AL GORE, that instead of by delaying the decision with the talks, named after the Russian deputy working to amend the ABM treaty, Georgetown speech was the contract to foreign minister and our deputy sec- they are going to tighten the ABM begin to build a radar system on an is- retary of state. treaty. land in Alaska. They met repeatedly. They were What is the ABM treaty? The ABM That is the only thing we can do building confidence. They were having treaty is a relic of the Cold War. It was right now. The system will not be success in working together. Then important at a time where we had two ready for 5 years. But by delaying the things happened. The elections hap- superpowers, the Soviet Union and contract to build the radar in Alaska, pened. Bush lost, and Clinton came in America, each able to annihilate the we cannot do the additional testing in 1993. other with their missiles, attacking that we need. That radar would have Within the first 3 months, what did each other. The theory behind it, which helped us better test the system that Bill Clinton do, this man who believes is where it got its name MYAD, was President Clinton told the American that security is obtainable through mutually-assured destruction. You at- people he wanted more testing of. arms control agreements alone? He tack us with your missile and we will Mr. Speaker, sometimes the state- canceled the discussions with the Rus- wipe you out, if we attack you with our ments coming out really disgust me be- sians. Without giving the Russians any missile, we will wipe you out, neither cause they are not being challenged, reason, he canceled the Ross-Mamedov side being able to build more than one because the President can use the bully talks. defensive system around one city. That pulpit to say whatever he wants any The Russians said, ‘‘Wait a minute. has been the basis of our relationship. time he wants without the benefit of You said you wanted to work with us, That treaty worked in the 1970s and someone else standing up and saying, America. Now you are saying you do 1980s when only two nations had that ‘‘Wait a minute, Mr. President. Let us not want to work with us.’’ That was capability, the Soviet Union and Amer- look at the facts,’’ because facts are the first bad signal sent by America to ica. How do we justify that treaty in difficult things to refute. the Russians that we do not want their the 1990s and the year 2000, when China Now, the President also mentioned cooperation, that we do not want to now has at least 24 long-range ICBMs, that he was delaying the decision on work with them. when North Korea has at least two missile defense because our allies and A second event happened in 1995, 1996, long-range ICBMs, when Iran will have other countries were being offended by and 1997. We had one cooperative pro- within 5 years long-range ICBMs? How what we were about to do. He cited gram with Russia on missile defense do we justify a theory of mutually-as- Russia. He said that Russia was against called the RAMOS project. The RAMOS sured deterrence when those nations missile defense. Russia will use this project is being done by the Utah-Rus- did not even sign the treaty? against us. China will use it. The Euro- sian Institute in Utah and the What the President did, instead of pean nations are against it. Komyeta Institute in Moscow. They working to defend our country, was he Let us look at that also, Mr. Speak- have been working together for months sent our negotiators to Geneva. They er, and let us look at the facts. Do the and years in developing confidence on a started meeting in Geneva to make the Russians trust us? No. Do I understand joint system of using two satellites ABM treaty tighter as opposed to more why the Russians do not trust us? Yes. with identical capability, to build con- flexible, a stupid decision on the face of Mr. Speaker, one of the other things I fidence that both countries will know it, but that is what they did. do in the Congress, as Members know, when a rocket is launched. Many of us in the Congress said, what is I work Russia issues. My under- The Russians were very enthusiastic in the world is the President doing? He graduate degree is in Russian studies. I about this program. It had strong bi- and AL GORE have a negotiator in Ge- have been in that country 21 times. I partisan congressional support. What neva meeting with the Russians talk- co-chair the Interactive Caucus be- about the Clinton-Gore team? Without ing about making tighter changes to tween their Duma and our Congress, so any advance notice to the Russians or the ABM treaty. So Mr. Speaker, I did I am with Russians all the time. In to Congress, they announced they were what none of our colleagues did, I went fact, I was with the chairman of the canceling the funding for the RAMOS to Geneva. I flew over with a Navy es- International Affairs Committee just 1 program. cort. I got permission of the State De- hour ago, Mr. Ragosin from the Duma. The Russians started calling me fran- partment. I said, I want to sit across I was with six other Russians earlier tically. The former ambassador to from the Russians. I want to talk about this morning. I meet with them every America, Vladimir Lukhin, who chairs what is going on here. day. the Yablakov faction, wrote me a let- They let me, so we flew to Geneva Let us analyze why the Russians are ter. The chairman of the ministry of and we went to the site where the upset with what we are doing with mis- atomic energy, Mikaelov, wrote me a meetings were taking place. I met the sile defense, and let us see if missile de- letter. They said, ‘‘You cannot let this chief Russian negotiator, General fense is the problem or if Bill Clinton happen. This is terrible. It undermines Klotunov. I sat down across from him is the problem and AL GORE is the our relationship.’’ at a table for 21⁄2 hours. I said, ‘‘General problem. Only because Members of Congress Klotunov, I am a Member of Congress. Why would the Russians not trust joined together, and in this case, the I really have some questions about America? Do they think we are going gentleman from Michigan (Mr. LEVIN), these negotiations between your side to try to take them over? Some do. joined by myself and Members of both and our side over the ABM treaty, so Why would they think that? Are they parties, said to the White House, ‘‘Oh, can I ask a couple of questions? confused? Yes. Why would they think no, you don’t. You are not canceling ‘‘There are two issues evidently you that? this program. It is too important for are working on. One is you want to Let us go back to 1992, Mr. Speaker. the confidence between America and multilateralize the treaty; that is, to Boris Yeltsin was elected president of Russia.’’ make a complicated story simple, you Russia, a new democratic free market What do Members think the Russians want to take a treaty between two Nation. In one of his first speeches he thought? Here in 1993 they cancelled countries, us and the former Soviet

VerDate 11-MAY-2000 03:05 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.132 pfrm04 PsN: H14PT1 H7636 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Union, and you want to now include newspapers around the world, as I usu- two changes through the Senate, he did three other former Soviet States, ally do, involving emerging threats to not bring them out for the Senate to Belarus, Ukraine, and Kazakhstan. So our security. Lo and behold, in a Tel consider for 3 years, for 3 years, after my question to you is, why would Rus- Aviv newspaper I see a story with a he convinced the Russians that those sia want to include Belarus and headline, ‘‘Moscow offers to sell Israel two changes were acceptable to Amer- Kazakhstan on a treaty when they newest missile defense system.’’ ica, the multilateralization and the de- don’t have missiles? They gave all I read the story. It talks about a sys- marcation. He left the Russians believ- their missiles up? Why would you want tem I had not heard of called the ing that America would support them. them to be a player on a treaty where ANTEI 2500, supposedly the best sys- So when the Russians passed START only us and Russia have these missiles, tem in the world. I called the CIA, II just a couple of months ago, the unless you want to expand it to include George Tenet. He is a very capable Clinton administration had urged them China or North Korea or these other leader. I have a lot of respect for him. to include both of those changes to em- nations?’’ I said, ‘‘Mr. Director, do you know barrass the Senate. So that what they General Klotunov looked me in the what the system is?’’ He said, ‘‘Con- would not submit to the Senate 3 years eye, and in front of our negotiators and gressman WELDON, I don’t, but we have ago they included as a part of START with a recorder taking all this down, experts in the agency. Let me get II so the Senate would have to vote said this publicly: ‘‘Congressman someone to come over and brief you.’’ down START II because those two WELDON, you are asking that question About a week later, an analyst from changes were never submitted sepa- of the wrong person. We didn’t propose the CIA comes over to my office to talk rately as required by the Constitution. multilateralizing the treaty, your side about the ANTEI 2500. Well, the Senate is not going to do did.’’ I say to him, ‘‘Can you tell me about that. How in the world and why in the this system? I know most of the Rus- So for a third time, Bill Clinton con- world would America want to make it sian systems. I know about the S300, vinces the Russians that we cannot be more difficult to amend a treaty to let S400, the system they are building, the trusted. us protect our people? That is exactly SA10, the SA12. What is the ANTEI Now, why would the President do what we did, Mr. Speaker. And Belarus, 2500?’’ He says, ‘‘It is a brand new sys- this? Why would not he call the Rus- with a leader like Lukashenko, who is tem.’’ I said, ‘‘Do we know about it?’’ sians when there are companies trans- a crazy man, Belarus could object to a He said, ‘‘Yes, we know about it.’’ He ferring technology? Why would he not change in the treaty which would ben- pulled out a brochure in English with be honest with the Russians? efit us, and Russia could say, ‘‘we beautiful color pictures: ‘‘Here, this is Mr. Speaker, our policy for the past 8 agree, but Belarus objects,’’ and we for you.’’ years, under Bill Clinton, with Russia, could not deal with that issue. I said, ‘‘What is this?’’ He said it was has been based on the Clinton to I didn’t understand what the Presi- a marketing brochure in English that Yeltsin personal friendship. That dent’s reasoning was, and therefore I the Russians gave out at the Abu Dhabi worked for the first 4 years. came back and told my colleagues, ‘‘I air show offering to sell the system to As someone who has spent a lot of think this issue is a stupid issue and any Nation that wanted to buy it. I time in Russia, I supported the ap- something we should not be doing with said, ‘‘How good is it?’’ He said, ‘‘If it proach of helping Yeltsin succeed. I the Russians.’’ But we agreed to it with does what they say it will do, it is the had the same hopes and dreams that all the Russians. Bill Clinton agreed to it, best system in the world. On the back of us had and that Bill Clinton had. and so did AL GORE. page of the brochure are all the criteria But here is where we fell down. In- The second issue I raised to Klotunov for this system.’’ stead of supporting the institution of was demarcation. That is a long word, As I read through it and looked at the Presidency in Russia, the institu- and very tough for somebody like me the range, the speed, something clicks tion of a parliament in Russia, we sup- who is just a schoolteacher to under- in my head. I say, ‘‘Now, wait a ported a person. When that person be- stand what it meant. I had to get some minute.’’ I looked at the analyst sit- came a drunken fool surrounded by people over to brief me. Demarcation ting across from me in my office. corrupt oligarchs and bankers stealing was trying to decide what is a theater b money from the Russian people, we missile defense system versus national 1745 were still supporting him, the only peo- missile defense. For some reason, we The range and the speed of the sys- ple supporting him in the world. picked a speed and a range that made a tem are right below the threshold of When Boris Yeltsin’s cronies were difference when one was theater and the demarcation. stealing billions of dollars of IMF one was national. He starts shaking his head. He said, If I live in Israel, a small country, a ‘‘Yes, Congressman, you are right.’’ money, $18 billion that the Russian theater missile defense system is a na- I said, ‘‘Are you kidding me?’’ I said, people were going to think helped them tional system, because it protects the ‘‘What that means is, then, that we let build roads and schools and bridges and whole country. For the State of Penn- ourselves get sucked into a negotiation community centers, Boris Yeltsin’s sylvania, a theater missile defense sys- by the Russians where they were build- friends and cronies stole that money tem really is a broader national missile ing a system that we did not know and put it in Swiss bank accounts and defense system. about that they could market to our U.S. real estate investments, and we I could not understand how this dif- friends and our allies, yet we would went like this and like this. ference was created. I asked General limit our own ability to go beyond Why would Bill Clinton do that? Be- Klotunov, ‘‘How did you arrive at the that.’’ cause he did not want to embarrass his numbers that we and you agreed to on He said, ‘‘Yes, that is exactly right.’’ friend, Boris Yeltsin. When we caught demarcation between these systems?’’ What a way to negotiate treaties, Mr. the Russians doing stupid things like He said, ‘‘Congressman, that was some Speaker. No wonder this Congress and allowing transfers of technology to go very serious discussion between your the other body said we will never sup- abroad, we did not want to embarrass State Department and our ministry of port those two changes to the treaty. Yeltsin. When we caught them working foreign affairs.’’ But to get back to my original point with the Iranians, we did not want to I said, ‘‘Well, can you share with me of the confidence of the Russians. Bill embarrass Boris Yeltsin. When we the basis of it?’’ He said, ‘‘No, it is too Clinton, as our representative said to caught them with the guidance sys- complicated.’’ I was not satisfied. I the Russians, we support these two tems to go to Iraq, it was the year came back to our country and asked changes. He knew he had to take them Yeltsin was running for reelection. the military to explain it. They did not back, according to our Constitution, In fact, we now have a secret cable have any good answers, or did not want and have the Senate give their advice that Bill Clinton sent to Boris Yeltsin to give them to me, so I did not get a and their consent. That is a require- which our colleagues and the American satisfactory answer on that issue until ment that even Bill Clinton cannot get people can get if they buy the book about a year later. around. ‘‘Betrayal’’ by Bill Gertz. In the back I am sitting in my office, Mr. Speak- Well, do you know what he did. Be- of that book is an appendix. In that ap- er, and reading press accounts from cause he knew he could not get those pendix is a secret cable now released

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.133 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7637 that President Clinton sent to Boris when we are done, we are going to find The irony of this President’s admin- Yeltsin in 1996 saying, ‘‘Dear Boris, I massive graves. There are going to be istration relative to our foreign would- will make sure nothing happens to hundreds of thousands of people who be adversaries, China and Russia, is upset your election campaign.’’ were killed by Milosevic and buried that, in 1992, Boris Yeltsin announced a As a result, Mr. Speaker, the Russian throughout Serbia because of what he new strategic partnership, Moscow and people lost confidence in America. has done to people. Well, that is what Washington together working as one. They thought our only purpose was to the President says. In 1999, Boris Yeltsin, as he is leaving steal their money, embarrass them, Let us look at what happened, Mr. office, and President Putin as he went and not be candid with them. Speaker. Here we are, the Kosovo con- into office in 2000, made different As a result, when Boris Yeltsin was flict is over. The CIA came in and testi- speeches. They announced a new rela- about to leave office this time last fall, fied before Congress just 3 months ago, tionship, Moscow and Beijing against his popularity in every poll in Russia and I asked the question, ‘‘How many America. That is the legacy of Clinton was less than 2 percent. Nobody in Rus- mass graves did we find because the and GORE on international security sia trusted Boris Yeltsin. Bill Clinton President said there would be 100,000?’’ issues. did. Bill Clinton was still his best The CIA said, ‘‘We would never say The President talks about Russia’s friend. that.’’ response to our missile defense. Cut me Imagine this, Mr. Speaker, and pic- I said, ‘‘Well, I know you are not the a break, Mr. Speaker. The President is ture this visually, imagine the eupho- White House, but how many did you just not being honest with the Amer- ria in America, in 1992, you have got find?’’ ican people. Boris Yeltsin standing on a tank out- He said, ‘‘I think we found one Should the Russians worry about side the Russian White House in Mos- grave.’’ what we were doing with missile de- cow, waiving a Russian flag with Amer- ‘‘Well, how many were in there?’’ fense? No way. They have the best mis- ican flags all around him as thousands ‘‘Well, we do not know, maybe 1,000, sile defense in the world. If the Rus- of Russians are chanting singing. Now maybe more. We do not know whether sians really believed that missile de- they have overturned communism, and they were mass graves or just people fense was not important or we could their newest ally and their friend is buried together.’’ rely on deterrence, why would they America. That was 1992. So I said, ‘‘Well, the basic justifica- have the only operational AB instru- Shift to 1999, last year in the fall. tion of the Kosovo war by our Presi- ment in the world, and they have it What is the picture out of Moscow, Mr. dent was massive atrocities. Are you today. The Russians have the world’s Speaker? I remember one picture last telling me they did not occur?’’ only operational antiballistic missile fall: 5,000 Russians standing outside of He said, ‘‘Well, we do not have any system. They have one, and we do not. our embassy in Moscow, throwing evidence of mass graves.’’ Theirs surrounds Moscow, which is paint at the American embassy, firing It turns out, Mr. Speaker, the allies where 80 percent of their people live. weapons in our embassy, and burning probably killed more innocent people So with one system, they protect the the American flag. It was so bad that than Milosevic did up until the war bulk of their population. Certainly all our embassy had to tell Americans started. When the war started, he be- the people that matter to them are traveling in Moscow, do not speak came more of a madman and killed around Moscow. They protect all of English on the street. more people. The bottom line is, Mr. them. That just did not happen, Mr. Speak- Speaker, after it put America’s sons Their system has been upgraded er. It happened because the Russians and daughters in harm’s way, after three times. So if the Russians really no longer trusted who we are and what spending billions of dollars, after Presi- believe in deterence, why do not we tell we were about. That was because this dent Clinton going on national TV with them to take down their system and be President had a foreign policy that was Tony Blair, why is Milosevic still in as vulnerable as we are. We in America more like a roller coaster. Things were power? who could build one system would done to suit the political expediency of What did we do, Mr. Speaker? Did we never choose to protect one city over both President Clinton and President fail? Has President Clinton come before another. So we have no system. Yeltsin. That is why the Russians did the American people and said, I am So the irony is, Mr. Speaker, that the not trust our movement on missile de- sorry I failed. Our policy was a dis- President said he did not go forward fense. aster. because Russia is concerned. Our allies In fact, I have friends in Russia. One What about the billions of dollars we are concerned, when the very reason senior policy analyst who was doing an spent? What did we accomplish with they are concerned is because of the op ed with me entitled, ‘‘From Mutu- Kosovo. We killed innocent people. We lack of a vision and the lack of states- ally Assured Destruction to Mutually did not remove Milosevic. Now, it has manship on the part of our White Assured Protection.’’ The Russians just turned itself around. Is the ethnic House, including our President and want to work with us. But they have cleansing still going on? Yes. But in- Vice President. no confidence in who we are as a people stead of the Serbs beating up the Where does this all come down to, because of the policies of this adminis- Kosovars, the Kosovars are beating up Mr. Speaker? Well, what the President tration. the Serbs. did by announcing his decision in The President worried about Russian President Clinton does not want to Georgetown in his speech is going to response on the issue of missile de- talk about that now because the NATO cost us more money. The estimates are fense. What about Kosovo, Mr. Speak- anniversary celebration is over. They another $1 billion with a 1-year delay er? Let us talk about Kosovo for a mo- had the parades through Washington. in missile defense, $1 billion that we ment. President Clinton and Tony The President and Tony Blair gave are going to have to fork over. But Blair went before the American and their speeches, so we have gone on to more importantly, we are unprotected. British people, interestingly enough, 30 other issues. Now, some say, well, it is not going days before a big NATO anniversary So what was accomplished in to happen. Let me remind my constitu- conference here in Washington a year Kosovo? I can think of two things. We ents and colleagues here in the Cham- ago in the spring. managed to alienate the Russians. It is ber. In 1991, 28 young Americans, half Tony Blair and Bill Clinton said we the number one issue on the mind of of them from Pennsylvania, came are going to move NATO in a new di- every Russian how America did not home in body bags because we let them rection. We are going to go in to Ser- bring Russia in to help solve the down. We could not defend against a bia. We are going to defeat Milosevic Kosovo problem. low complexity scud missile. Will that who is evil; who is corrupt. We are The second, we alienated China, be- happen again? Well, I can tell my col- going to show that NATO has a new cause the Chinese are still convinced leagues, in 1995, in January, because of role in the world. We are going to bring we hit their embassy deliberately in Russia’s problems in their military, Milosevic to his knees. downtown Belgrade. When the Presi- when the Norwegians launched the President Clinton said in justifying dent repeatedly said we did not, they weather rocket, a three-stage rocket the use of our young people in Kosovo, still believed that we did. for atmospheric sampling, the Russian

VerDate 11-MAY-2000 01:42 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.135 pfrm04 PsN: H14PT1 H7638 CONGRESSIONAL RECORD — HOUSE September 14, 2000 system is in such bad shape, they mis- b 1800 tleman from Illinois (Mr. SHIMKUS) is read the Norwegian rocket launch. It was not stolen. It was a wholesale recognized for 5 minutes. They thought it was an attack from an auctioning off of America’s technology. Mr. SHIMKUS. Mr. Speaker, I would American nuclear submarine. What did they get in return? They like for my 5 minutes to be joined by What did they do? The Russians have got campaign dollars. The same man my colleague, the gentleman from Illi- acknowledged that, for one of the first going around the country championing nois (Mr. DAVIS), to talk about one of times ever, they put their full ICBM campaign finance reform obtained mil- the real health care crises that we have. system on alert. Well, what does that lions of dollars, hundreds of millions of mean? That meant Russia had 15 min- We are going to hear a lot about dollars for his campaign committee. health care in the next 8 weeks, issues utes, 15 minutes to decide whether to This is not the Republican gentleman that we hope to address, the Patients’ launch a missile against the U.S. or from Pennsylvania (Mr. WELDON) talk- Bill of Rights, prescription drug cov- call it off. ing, Mr. Speaker. I would offer to my Boris Yeltsin has publicly acknowl- erage. But there is really a more press- colleagues a letter that Louis Freeh, edged, and I will put in the RECORD, ing issue out there, and that is the ef- one of the people in this administra- there was 7 minutes left, he overruled fect of the Balanced Budget Act of 1997 tion with integrity, the head of the his Defense Minister Pavel Grachev on health care providers. FBI, hand picked by Bill Clinton and and the general in charge of his com- My colleague, the gentleman from Janet Reno, Louis Freeh wrote a 90- mand staff and called off the response. Chicago, Illinois (Mr. DAVIS), and I had Imagine that, Mr. Speaker, in Janu- page memorandum based on a factual a hearing in Chicago on August 28 in ary of 1995, we almost had Russia investigation by his investigator, which we had providers come testify launch an ICBM at America because of Charles Labella. about the impact of the Balanced a Norwegian rocket launch that they That 90-page memorandum went to Budget Act. And they are serious and had been told about. What would we Janet Reno. It is now available. I will they are important. have done if that launch would have give it to anybody that wants it, and They are so important that we have occurred? We could not defend it be- they can read it for themselves, in come down to the floor to just start cause we have no system. Well, we do. Louis Freeh’s own words. What did it the drumbeat of noise so that before we We probably sent up a radio signal to say? It said: ‘‘As the FBI Director of end this legislative session we have wherever the trajectory was of that America, I have reason to believe that some assistance and aid to our health city and tell them over the radio, you further investigation is warranted be- care providers who are really working have 25 minutes to vacate your homes, cause four people may have committed in the field to address some of the fund- because that is how long it takes for an felonies in campaign contributions ing shortfalls. ICBM leaving Russia to hit America. being received with technology being The Balanced Budget Act was passed in order to reduce the deficit and bal- Twenty-five minutes to move, that is left out of our country to go to a for- ance our Nation’s budget and control the only protection that we could pro- eign nation.’’ health care entitlement spending. I am vide to the American people. And Louis Freeh named the four peo- What are we going to do if that hap- ple. Who were they? In Louis Freeh’s proud to say that that goal was accom- pens? If an accident occurs, what do we own words: Bill Clinton, Hillary Clin- plished but with some unintended con- do, have Putin apologize to us, say, ton, AL GORE, and Harold Ickes, who is sequences, as so happens in legislation. According to the Congressional Budg- ‘‘Oh, we are sorry. We are sorry you running Hillary’s campaign in New et Office, the actual reductions brought lost 200,000 people in L.A. We are sorry York State. about by the Balanced Budget Act, in- that Atlanta, Georgia got bombed. We The scandal of this administration was not Monica Lewinsky. The scandal cluding the adjustment in the Balanced did not mean it. It was an accident.’’ Budget Reconciliation Act that we What do we do if North Korea says, of this administration was the whole- passed last year, 1999, are $124 billion, ‘‘We are going to test you, America. We sale auctioning off of America’s tech- that is ‘‘billion’’ with a ‘‘b,’’ more than are going to invade South Korea. If you nology so that Clinton and GORE could Congress voted for when we passed the interfere, L.A. is out the door.’’ What get reelected. And now we have the President giv- Balanced Budget Act. do we do then, go in and bomb North We heard a lot of testimony. I would ing a speech at Georgetown about how Korea in advance, or do we wait until like to quote Allan Gaffner of Utlaut he is making the right decision for us they launch their missile and then Memorial Hospital in my Congres- on protecting our people. wonder whether we are going to attack sional district: ‘‘The Balanced Budget The White House should be ashamed. North Korea later. What about the peo- Act will cause Utlaut Extended Care America should be ashamed. And all of ple in L.A.? Who is going to protect Unit to lose revenue totaling $185,000 in us had better look to the facts as op- them? 2000. Last year the unit lost an average posed to the wink and the nod and the Mr. Speaker, this President should of $190,000. From 1999 through 2003, the not be allowed to get away with what smile. Extended Care Unit is projected to op- he did. He lied to the American people. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE erate with $1 million less revenue than Our security is at risk. The same way The SPEAKER pro tempore (Mr. before the Balanced Budget Act was in- he lied to the American people in the VITTER). The Chair would remind Mem- stituted. The total Medicare operating China technology transfer scandal. bers that remarks in debate should not margin of Utlaut last year was a nega- In closing, Mr. Speaker, I was a Mem- include charges against the President tive 10.8 percent.’’ ber of the Cox committee. For 7 or Vice President. Let me rephrase that. months, we sat through testimony and f The total Medicare operating margin, meeting after meeting with the CIA that is our promise to our seniors, we PRINTING IN THE RECORD FOR and the FBI. I saw all the evidence or paid our providers 10.8 percent below THE WEEK OF SEPTEMBER 18, 2000 most of it that the CIA and the FBI the cost of providing that service. have relative to how the Chinese got Mr. SHIMKUS. Mr. Speaker, I ask I do not see how they survive. technology from America. unanimous consent that the schedule Mr. Speaker, I yield to my colleague, Mr. Speaker, through all of that evi- for the week of September 18 be in- the gentleman from Chicago, Illinois dence that we saw, nine of us, four serted in the RECORD immediately after (Mr. DAVIS). Democrats and five Republicans, nine the end of legislative business. Mr. DAVIS of Illinois. Mr. Speaker, I decent people voted unanimously, nine The SPEAKER pro tempore. Is there want to thank the gentleman for yield- to zero that America’s security was objection to the request of the gen- ing. Mr. Speaker, I am pleased to be harmed because of technology that was tleman from Illinois? here to share in this Special Order with transferred to China. There was no objection. my colleague from Illinois. Now, the administration would have f Mr. Speaker, I was pleased on August us believe it was stolen. Wen Ho Lee, 28 to cosponsor a statewide hearing on the poor man, just got released after 9 BALANCED BUDGET ACT the impact of the Balanced Budget Act months. They said it was stolen. It was The SPEAKER pro tempore. Under a on hospitals in the State of Illinois. not stolen. previous order of the House, the gen- And they came from all over the State:

VerDate 11-MAY-2000 03:05 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.137 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7639 from down state, central Illinois, from Approximately 30 percent of the North- cy indicated they were issuing a rule against Chicago, the northern part of the western Memorial Hospital’s patient volume IGTs. State, the University of Illinois Hos- are Medicare beneficiaries, and they account If the rule is enacted as proposed it would pital, Rush Presbyterian, St. Lukes for 37 percent of its patient days due to their slash up to $500 million in health care funding longer length of stay. As a result, the BBA Medical Center, Cook County Hospital, cuts in Medicare reimbursement will mean a for low income residents of Illinois. This makes Northwestern University Hospital, total loss to NMH of an estimated $65 million no sense, especially as the number of unin- Bethany Hospital, the Illinois Home over the course of the five-year schedule of sured Americans continues to skyrocket. Health Association, the Illinois Nurs- reductions. . . . The total negative Medicare After talking to hospital leaders back home, ing Home Association, Community margin will double from 1999 to negative 11.6 I am convinced that the Administration should Health Centers, the University of Chi- percent for the year 2000.’’ not proceed with a rule that threatens the al- cago, Home Health Agencies, the Na- John Buckley, Jr. from Southern Illinois ready fragile health care safety net across the tional Hospice Association. Healthcare: country. All of them saying essentially the [The] outpatient reimbursement situation Ann Patla, Director of the Illinois Depart- same thing and that is, while they rec- isn’t much brighter. Since the BBA was im- ment of Public Aid: ognize and appreciate the fact that we plemented three years ago, the reimburse- If this federal regulation is adopted, the need to reduce waste and fraud and ment has fallen steadily, from 97% of costs loss of funding will devastate the largest abuse in the Medicare program, in all in FY 1997 to 89% of costs in FY 2000. . . health care system in Illinois, operated by of our health programs, in the Med- Without additional BBA relief, out out- Cook County, and will severely impair the icaid program, the one thing that they patient losses will exceed $1 million. State’s ability to serve Medicaid partici- also understood is that we have gone BBA spending reductions are forcing hos- pants in all other counties. The State may too far with the Balanced Budget Act pitals to lay off staff, cancel much-needed up- be forced to: (1) seek repeal of recent health care expansions for the elderly and disabled; and we have actually cut services in in- grades of facilities and equipment, and shut down critical services like home health care (2) retreat from rate reforms that encourage stitutions that we cannot afford to cut. access to preventive and lower cost health We have thrown out in many instances and other needed programs that cannot be care; (3) reduce outreach programs to en- the baby with the bath water. maintained without compromising quality. courage the use of Medicaid and SCHIP; and And so I join with the gentleman Allan Gaffner of Edward Utlaut Memorial (4) substantially cut rates to FQHCs, hos- from Illinois (Mr. SHIMKUS) and others Hospital testified: pitals, physicians, and other providers who in calling for another look at the im- As a result of the Balanced Budget Act serve Medicaid and SCHIP participants, as pact of the Balanced Budget Act. We cuts, the Utlaut Rehabilitation Department, well as almost two million uninsured Illi- must find a way to save these institu- which provides therapy services to the Ex- noisans. tions which are teetering. tended Care Unit patients, was reduced to 54 If some states are abusing IGTsÐby using I am pleased to join with the gen- percent. The Utlaut Rehabilitation Depart- them to pay for highway repairs or tax cuts, ment, which previously consisted of 13 staff tleman tonight. members, now has only six staff members. for exampleÐthen regulatory changes should Mr. SHIMKUS. Mr. Speaker, reclaim- The limit on therapy services as covered by be targeted at curbing those abuses. ing my time, I would also like to high- the Medicare Skilled Nursing Facility rules HCFA's current proposal, however, penal- light another issue that was raised, is delaying a return to health and greater izes states like Illinois which use IGTs to which was the intergovernmental independence. Rather than receiving as maintain a health care safety net for low in- transfer issue, which HCFA is going to many as two hours of physical occupational come residents. oppose on States. and speech therapy services per day, Medi- A rule change, if one is needed, should pre- HCFA has approved the Illinois pro- care patients are limited to a maximum of 75 serve the legitimate and appropriate use of gram 22 times over the years without minutes a day. IGTs to provide health care for low-income any indication there was a problem. John Buckley, Jr. from Southern Illinois persons. Now they are going to promulgate a Health Care: INPATIENT SERVICE REIMBURSEMENTS (H.R. 3580) rule, and it is going to take an addi- Access to home health care is suffering in BBA reduces Medicare payments for hos- tional, and this is an additional more the communities Southern Illinois pital services. Medicare provides payment up- Healthcare serves. Because of the BBA than what has been affected in the Bal- dates below the marketbasket index. anced Budget Act, $500 million from spending cuts, we are serving 1,000 fewer pa- tients and providing 86,000 fewer home health Over 1998, 1999, and 2000 hospital inflation the health care delivery system in the visits than we did three years ago. On top of rates rose 8.2 percent, while the payment up- State of Illinois. that, we’ve had to lay off 150 staff members. dates totaled 1.6 percent. Ann Patla, who testified before our Even with those dramatic cutbacks, we still Below inflation updates coupled with rising hearing, said this would be cata- lost nearly $1.2 million on home health serv- costs associated with wage increases, prices strophic and it is a critical issue we ices in FY 2000. per prescription for new drugs, new blood need to be concerned of. Dean Harrison from the Northwestern Me- screening techniques, and mandated changes I would like to thank my colleague morial Hospital: for compliance with administrative simplifica- for coming down to the floor. Time is Continuation and expansion of cost control tion and privacy are additional costs for hos- running shy. But we will be back to efforts and the elimination of some services pitals. talk about real health care problems in have allowed NMH to endure the cutbacks in How do we expect hospitals to maintain America, and that is the Balanced Medicare thus far. In recognition of the ef- quality services when their reimbursement Budget Act’s impact on health care and fect the BBA would have on NMH, the hos- rates are so low? also the intergovernmental transfer pital’s skilled nursing facility was closed in early 1998 due to losses the unit was already We should pass a reform package that in- issue. cludes legislation to repeal Medicare inpatient The Balanced Budget Act was passed in incurring and a negative prognosis for its survival under the BBA. update reductions of 1.1 percent scheduled for order to reduce the deficit and balance our na- According to HCFA: 933,687 Medicare FY 2001 and FY 2002. To this end, I have co- tion's budget. sponsored H.R. 3580, the ``Hospital Preserva- I am proud to say that our goal was accom- beneficiaries will lose health maintenance or- ganization coverage in January. Many of these tion and Equity Act.'' plished and we are now working with a budget Northwestern Memorial Hospital testified: surplus. people are left with no other Medicare options. [H.R. 3580] recognizes that Medicare reim- INTERGOVERNMENTAL TRANSFERS (IGTS) However, the BBA resulted in unintended bursement to hospitals does not keep pace consequences, cutting much more funding out Illinois hospitals are also very concerned with the costs of caring for patients and of the Medicare system than was originally in- about a rule HCFA is threatening to issue that would repeal the BBA’s payment to hospitals tended. would restrict intergovernmental transfers by for Medicare inpatient services for FYs 2001 According to the Congressional Budget Of- limiting the amount that can be paid to county and 2002. fice (CBO), the actual reductions brought hospitals and nursing homes under the Med- Illinois Hospital and HealthSystems Associa- about by the BBAÐincluding the adjustment in icaid ``upper limit'' rule. tion testified: the BBRA of 1999Ðare $124 billion more than HCFA has approved the Illinois program 22 Recently the Medicare Payment Assess- Congress voted for when passing the 1997 times over the years without any indication ment recommended that Congress address BBA. that there was a problem. the inpatient PPS update. MedPAC is the Dean Harrison from the Northwestern Me- The first time state officials were notified independent body that advises Congress on morial Hospital: that HCFA had concerns was when the agen- Medicare payment rates. It’s data analysis

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.140 pfrm04 PsN: H14PT1 H7640 CONGRESSIONAL RECORD — HOUSE September 14, 2000 show that nearly 35% of the nation’s hos- stroyed and 56,000 homes damaged. We from Federal agencies to local leaders, pitals are operating in the red. can see from this photograph taken the assistance North Carolina received f only a couple days after the rains as provided absolutely critical help to our The SPEAKER pro tempore. Under a the flood waters had risen a whole people. town underwater. More than 500,000 previous order of the House, the gen- b 1815 people suffered without power for tleman from Ohio (Mr. BROWN) is rec- weeks on end. Damage estimates in my One year later, my State is still re- ognized for 5 minutes. State range anywhere from $4.5 billion building, and we will be rebuilding for (Mr. BROWN of Ohio addressed the to over $6 billion. months, if not years, to come. House. His remarks will appear here- Many people lost everything that It is the assistance provided by my after in the Extensions of Remarks.) they own. They lost their possessions, fellow Americans that made this pos- f their homes, their farms, their cars, sible, and as we reconstruct our State The SPEAKER pro tempore. Under a their clothing, their sentimental items we are taking the necessary steps to previous order of the House, the gen- that we rarely think about until they provide for future disasters. By making our towns and cities more disaster re- tleman from New Jersey (Mr. PALLONE) are gone: wedding photographs, mili- is recognized for 5 minutes. tary awards, the children’s first report sistant, we can reduce the loss of lives (Mr. PALLONE addressed the House. cards, love letters, those kind of things and property and lessen the dev- His remarks will appear hereafter in we cannot replace. astating impact of future storms. If the Extensions of Remarks.) Jobs were lost because businesses this storm did anything it proved de- termination and resolve of the indomi- f were too flooded to reopen, making it that much harder for families to re- table spirit of the people of North Caro- The SPEAKER pro tempore. Under a build. And worst of all, Mr. Speaker, lina. Our people come by the name previous order of the House, the gentle- 506 people lost their lives, most of them Terrell honestly because we stand firm woman from Michigan (Ms. STABENOW) due to drowning in fresh water. in the face of adversity. If anything is recognized for 5 minutes. I remember driving back to North knocks us down, we get right back up (Ms. STABENOW addressed the Carolina that night and running into and fight another day. House. Her remarks will appear here- the storm on my way home. I remem- Floyd dealt my State a crippling after in the Extensions of Remarks.) ber touring the regions in the days that blow; but we are working to put our f followed and seeing schools, homes, lives, our homes, our communities and businesses, churches, entire towns ourselves back together. The people of HURRICANE FLOYD DISASTER flooded, as we see here. North Carolina will never forget what The SPEAKER pro tempore. Under At the peak of the emergency, 235 happened in those days in September the Speaker’s announced policy of Jan- public shelters housed people. Almost and the months that followed. Floyd uary 6, 1999, the gentleman from North 50,000 people were in shelters. I remem- has become part of our history, our Carolina is recognized for 60 minutes as ber visiting them looking into their culture, and our common experience. the designee of the minority leader. eyes and seeing the fear, the despera- As Americans do when looking back GENERAL LEAVE tion, the hopelessness that those peo- upon a tragedy of this proportion, we were continually praying for our lost Mr. ETHERIDGE. Mr. Speaker, I ask ple felt. These were the images that no souls, comforting the anguished and unanimous consent that all Members amount of time will ever replace. distraught, honoring our heroes, re- may have 5 legislative days within In the face of so much destruction, so building our homes and communities which to revise and extend their re- much suffering, it was inspiring to wit- and looking toward the future. marks and to include therein extra- ness the people and the communities neous material on the subject of my coming together and responding to dis- THE IMPORTANCE OF EDUCATION Mr. ETHERIDGE. Mr. Speaker, I am Special Order this evening. aster with the spirit of generosity and joined this evening by a number of my The SPEAKER pro tempore. Is there cooperation. People from all over North Carolina provided the victims of colleagues to talk about an issue of objection to the request of the gen- Floyd not only tangible items, like equal importance to this Congress and tleman from North Carolina? money, food, and supplies, but also to our Nation and, yes, to our leader- There was no objection. equally important intangible things, ship in the world: Education. Mr. ETHERIDGE. Mr. Speaker, this their thoughts, their prayers, and their Mr. Speaker, I rise today to talk evening for the first portion of my spe- letters of support. about the critical needs of school con- cial order I want to take about 5 min- Another precious commodity donated struction, the shortage of teachers, the utes to raise an issue. was the time and effort countless thou- need to honor our teachers in a way On the eve of 1 year ago, on almost sands of North Carolinians gave. Vol- that we have not done before. The crit- the same date, one of the most destruc- unteers aided in evacuation and rescue ical need for construction in our com- tive storms ever to hit my State came efforts and cleanups that affected munities across this country is at a upon the shores. On September 15, 1999, towns and the care and treatment of crisis proportion. Hurricane Floyd made landfall at the families that were forced to live in I will be joined this evening by a mouth of the Cape Fear River in North shelters. number of my colleagues whom I will Carolina. In addition, those volunteers pro- recognize in just a moment, who will Floyd moved into the interior of my vided valuable assistance and support discuss with me and with my col- State and over the next couple of days to State emergency management per- leagues the specific needs and plans proceeded to dump anywhere from 10 to sonnel who worked untold hours. They that we have to help address these 20 inches of rain in towns and commu- led a valiant effort to respond to the problems. nities and farm areas in parts of east- needs of these victims, saving count- First, let me take just a moment to ern North Carolina. These rains came less lives of people from all across this talk about some of the conditions in only 12 days after the region was hit country and also donated to the cause my congressional district. with pounding rains by Hurricane Den- of recovery. Mr. Speaker, I have in my hand this nis. I am so grateful for the many acts of evening a report prepared by the mi- To call the results devastating would generosity by my fellow Americans nority staff of the Committee on Gov- be an understatement. Our citizens suf- who saw people were hurting and de- ernment Reform’s special investigative fered a full-blown catastrophe of monu- cided to help. Yes, they sent money; committee which is entitled K–3 Class mental proportions. but they sent a lot of other things. We Sizes in the North Carolina Research Floyd produced the worst flooding in even had schoolbooks delivered from as Triangle Region. The gentleman from North Carolina history, with water ex- far away as Hawaii by my friend and North Carolina (Mr. PRICE) and I asked ceeding what has been called the 500- colleague, the gentleman from Hawaii that this be done for our congressional year flood plain. (Mr. ABERCROMBIE), here in this body. districts, and this report has some In North Carolina alone, Floyd was From the governor to our own startling numbers. It shocked the peo- responsible for 7,000 homes being de- State’s delegation here in Congress, ple in our congressional districts and it

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.070 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7641 should shock all Americans that care worse. It is not going to get better. We I would say that is right, but the last about children and care about the fu- have to deal with it, and local schools 41⁄2 years they have called me Mr. ture of America, and we want to talk need help and they need us in Wash- President. Well, I am pleased to be a about that this evening. ington to get together and help. We Congressman and still be involved and Although there is much debate and have an opportunity to do it. engaged in education, and I am cur- an awful lot of rhetoric in this town I have a son who taught the second rently co-chair of the House Education about education, I believe we need to grade, then the fourth grade. Now he is Caucus with the gentleman from Mis- stick to the facts, and here are some of a special teacher. Brian is a great souri (Mr. BLUNT), who is also a former the facts. Fact number one, last year teacher, but one cannot be a good or a college president. in one of our countries, Wake County, great teacher when they are in over- I know firsthand the importance of a portion of my district, another por- crowded classrooms, poorly lighted, public schools and the value of a good tion of the gentleman from North Caro- poorly ventilated and all the problems education. Our children from Ten- lina (Mr. PRICE), over 95 percent, let me that are associated with it, because in nessee and all across the country are repeat that again, over 95 percent of this country we have teachers teaching back in school again learning. I think the young children in K–3 were taught in converted bathrooms. We have them it is appropriate for us in Congress to in classrooms that exceeded the na- teaching in closets, in basements and a pledge to these students that we will tional goal for classroom size. Across lot of trailers. I will go into that later do everything possible to ensure that this 13-county region, 91 percent of the this evening, but we have to reach out they receive a quality education in children in kindergarten through the and use the resources that we have to quality schools by quality teachers. We third grade were taught in classes that make a difference for our children. cannot expect our children to reach exceeded the 18-person goal. It is hard to tell a child education is their potential if school facilities, as I went into a classroom in Lee Coun- the most important thing they are the gentleman mentioned, are inad- ty where a teacher had 29 children in about and we send them to an old run- equate; if they do not have access to the kindergarten classroom with no down school as they ride by some nice computers and the Internet or if their help. Five of those children spoke no prison or a nice other building. Chil- teacher is trying to teach in an over- crowded classroom. English and their parents spoke no dren do not have to be told. They know I am pleased to join with many of my English. Three only had limited what is important. Mr. Speaker, I would be happy now to colleagues on both sides of the aisle in English. cosponsoring H.R. 4094, America’s Bet- Now, my wife and I, we are fortunate. yield to my colleague, the gentleman ter Classrooms Act, which will provide We have three great children. I would from Tennessee (Mr. CLEMENT), who much needed school construction not want 29 children that I had to deal has joined us this evening, because he funds. A report issued by the National with at any one time in our house. I has some important things to say. He Education Association found that up- would have a difficult time. And to has been involved in this educational wards of $254 billion is needed to ac- deal with young children in kinder- issue all of his career, and we are glad commodate growing school enroll- garten by yourself with those numbers, to have him in Congress. Mr. Speaker, I will now yield to the ments, fix deteriorating buildings and one cannot do it; one absolutely cannot gentleman from Tennessee (Mr. CLEM- wire schools to be on the Internet. teach. They are keeping school. There ENT). The average public school today is is a difference between keeping school Mr. CLEMENT. Mr. Speaker, I thank over 42 years old. School enrollment is and teaching school, and that is just the gentleman from North Carolina already at a record level and expected not acceptable. (Mr. ETHERIDGE) for yielding. to continue to grow, which will lead to More troubling is the fact that a Mr. Speaker, I might say to the gen- further overcrowding and a greater whopping 42.5 percent of K–3 students tleman from North Carolina (Mr. need for modernization. Research in Wake County are in large class- ETHERIDGE), I am glad he commented shows what parents already know. Stu- rooms of 25 students or more, and I can on Hurricane Floyd, the flooding in dents learn best when they are in a say that is repeated in a lot of places North Carolina. As the gentleman safe, modern school with small classes, across this country. Not surprisingly, knows, once upon a time the State of with 21st century technology. The Fed- small class sizes lead to greater aca- Tennessee was part of the great State eral Government has a responsibility demic achievement. If the class size is of North Carolina, and North Caro- to provide States and localities with fi- reduced, academic achievement fol- linians did rise to the occasion, and I nancial assistance for education. H.R. lows. How do we get there? We are would like to say for the Members of 4094 will provide tax incentives to going to talk about that this evening, the U.S. House of Representatives, ev- State and local governments to build not only in K–3 but all across America. eryone wanted to help and assist, state-of-the-art classrooms that will The report demonstrates that class knowing that this was a time of emer- make all neighborhood public schools a size reduction in the early grades is gency; that we needed to come to the better place for our children. one of the most direct and effective rescue of these wonderful people that In addition, I am pleased to join with ways to improve educational perform- were having such a difficult time. my colleagues in calling for adequate ance. I really did not need the study to I know we are all here tonight, and I funding to be provided in the appro- tell me that. I have known that for a am pleased to be here with the gen- priation bills for school construction long time. Having served as a super- tleman, because I know the gentleman and smaller class size initiatives. I sin- intendent for my State schools for 8 is such a leader in education and in so cerely hope that we can find a way to years, I knew that before I came to many other areas, but also our other fund these important priorities. If we Congress. Sometimes we need a report colleagues, the gentleman from North are to continue to prosper economi- to verify it, to reinforce it so people Carolina (Mr. PRICE), who I have cally, America must have an education will understand it and it gives credi- worked with in the past very closely, policy that provides the best school fa- bility. also the gentlewoman from California cilities and smaller classes for all of Last month, the U.S. Department of (Mrs. CAPPS), and I might say she had our children. Modern schools and small Education reported that my State’s a wonderful husband who was a Mem- class sizes lay the foundation for suc- high school enrollment will skyrocket ber of Congress that served so well and cess, but in today’s world of technology by 26 percent over the next decade. We ably here, and the gentleman from New and the global economy an education will be the fourth fastest growing State Jersey (Mr. HOLT). It is a pleasure to be that ends with a high school diploma is in America. I think California is first; with all of them to talk about some- simply not enough. A 4-year college de- Texas and several others. But it is just thing that is near and dear to my gree is increasingly considered the tremendous. We are growing rapidly in heart, and that is education. minimum education for a large propor- this country. We have to meet those I am a former college president, and tion of high school skills and jobs that demands. We now have more children I will never forget my first day in Con- people want. An annual income for a in public schools, 53 million, than at gress. People would come up to me and person with a college degree is nearly any time in the history of America. We say, boy, you are a Congressman now. twice that of someone with just a high know the problem is only going to get That is really something. school diploma.

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.145 pfrm04 PsN: H14PT1 H7642 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Unfortunately, the cost of higher on the floor of the U.S. House of Rep- the passage of H.R. 4094, the America’s education has been a deterrent to resentatives. Better Classrooms Act before this ses- many who wish to continue their edu- Mr. ETHERIDGE. Mr. Speaker, I sion of Congress comes to a close. thank the gentleman from Tennessee cation. However, this should not be the This letter is signed by over 300 stu- (Mr. CLEMENT) for his comments, but, case. Assistance must be available to dents from Peabody School. I have the make college possible for every student more importantly, for his commitment letter here. I have two signatures along if they want to pursue an education, to education and his hard work. with mine, and then I have a collection whether it is a college degree or some As we continue in this special order, of pages with signatures, second grad- other form of education. We cannot af- I am pleased to be joined by the gentle- ers, third graders, fourth graders, fifth ford to let higher education be out of woman from California (Mrs. CAPPS), grade, sixth grade, 300 students in this reach of those students who wish and my friend and fellow colleague, who desire to further their education. No has really been a leader in education. school. They asked me if I would bring student, regardless of socioeconomic She understands the needs of students. this letter with their signatures; and I background, should be deprived of She came to this body with her hus- told them that I would not only bring something as priceless as an education. band. She is a nurse by training. She it to Congress with me, but that I The gentleman from North Carolina understands what the need is, and she would carry it with me to the floor and (Mr. ETHERIDGE) knows and I know fought for children to have a decent stand here in the well and give their that the cost of education is going up classroom in California, which is an- testimony to this House and to the and up and up. In 1997, 1998, tuition other one of those States that is bust- Senate so that we can meet their ex- room and board, $8,000 at the 4-year ing at the seams. pectations. public colleges and universities. For I yield to her for her comments. These students were very excited to the private counterpart, it is over Mrs. CAPPS. Mr. Speaker, I thank take part in this process, since over- $24,000. I know that as a parent having the gentleman from North Carolina crowded schools is something they children in college today. During the (Mr. ETHERIDGE), my colleague, for know all about. It is an issue that af- 1999/2000 academic year, students re- yielding to me. We are going to make fects their lives on a daily basis. In ceived more than $65 billion in finan- this an across-the-country discussion signing this letter, Peabody students cial aid. Often the financial aid process this evening of this issue of such great are really making a statement about importance. can be confusing and overwhelming to their educational environment and Mr. Speaker, I am here this after- parents, students and those involved in helping to improve the lives of future noon to discuss an issue of such great higher education and yet financial aid Peabody students. And they are actu- is often the key, not only to higher importance in my district and across this country: school construction and ally speaking for students in their situ- education but a successful future. ations across this country. I will tell all of my colleagues what I modernization. Last week, I visited did last weekend and it really worked. Peabody Charter School in Santa Bar- The America’s Better Classrooms Act I joined with the Sallie Mae Trust for bara, California. At Peabody School, has bipartisan support and 225 cospon- Education, and I encourage all to do students receive a top-notch education. sors. It would provide approximately the same thing, in hosting an event in Unfortunately, these students also feel $25 billion in interest-free funds to Nashville, Tennessee, on paying for col- the disturbing effects of overcrowding State and local governments, for local lege. This seminar brought together and inadequate school facilities. school construction, and modernization representatives from Sallie Mae, the This is a school built for 200 students. projects. The funding would help Tennessee Student Assistance Corpora- Today it has an enrollment of way over schools like Peabody make improve- tion and representatives from area col- 600 students. In an attempt to accom- ments to classrooms and playgrounds leges and universities to discuss with modate, portable classrooms take up and would help to reduce class size. precious playground space which parents and students the availability of Here in Congress, we must set our should be used so that students can financial aid. With over 280 partici- standards high to ensure that all chil- take part in physical activity, an im- pants, the forum was a wonderful op- dren have a healthy start. All children portant part of their education. Pea- portunity to share information on fi- deserve to have safe, clean and modern body School is one school in my dis- nancial aid with parents and students. schools to attend each day. And, Mr. trict, which I am using this afternoon I think parents came away with a bet- Speaker, my friends at Peabody Char- as an example to represent the dozens ter understanding of exactly what ter School ask us that we bring H.R. kinds of assistance is available through of overcrowded schools in my district. There are dozens of schools like this 4094 to the floor for a vote before this the local, State, and Federal govern- session of Congress comes to a close. I ment, private lending institutions and school, overcrowded and antiquated, in California and across this country. thank the students, my friends, for individual schools and how to apply for sharing and asking, along with me, for it. It seems rather amazing to me that as we begin this new century in this this vote. We owe them the best we can b 1830 country, with unparalleled prosperity offer them. This kind of assistance is critical in before us, relatively at peace in the The business world, which has helped helping our children attend college; world, that we are allowing our most to bring our economy to the fast pace however, we in Congress have an obli- precious resource, our children, to face that it enjoys today, knows the impor- gation as well. If we expect to continue their future preparing for it in cir- tance of investing in infrastructure, American dominance in the 21st cen- cumstances that are far from ideal, and here our most precious resource, tury, we must fund such critical finan- that in many instances are totally un- the key to the future and for future cial aide programs as Pell grants, Per- satisfactory. economic development, our children, kins loans and Federal work study pro- Mr. Speaker, yes, public education in ask nothing less that we pay attention grams. These initiatives allow millions this country, one of our most impor- to their surroundings and their learn- of students to attend college who oth- tant hallmarks, is a matter for local ing environment. In doing that, we will erwise never would. control; but I believe these issues are assist them in becoming the best that These are investments whose returns so pressing that there is a role for all America can be for the rest of this cen- far exceed the outlay. America has al- of us to play. In my opinion and in my tury and on into the future. ways been the land of opportunity for belief, the Federal Government can I thank my friends at Peabody everyone. We simply cannot allow our help to free up needed funds so that schools to decay, our classes to spill local districts can make the decisions School. I thank my colleague, the gen- out into hallways and our colleges to they know best for the children in tleman from North Carolina (Mr. become a privilege enjoyed by a select their communities. ETHERIDGE), the former super- few. I thank the gentleman from North And I have here today a letter to our intendent. Carolina (Mr. ETHERIDGE) for giving me bipartisan House and Senate leadership Mr. Speaker, I include for the the opportunity to fight for education asking that they allow and encourage RECORD the following:

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.147 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7643 CONGRESS OF THE UNITED STATES, My friend, the gentleman from New are expensive to install, expensive to HOUSE OF REPRESENTATIVES, Jersey (Mr. HOLT), has been a real lead- maintain. And what I am struck by is September 11, 2000. er. He came here as a teacher. He still that their long and narrow floor plan Hon. DENNIS HASTERT, is teaching us about the importance of makes them really totally unsuitable House Speaker, U.S. Capitol, Washington, DC. education. I am glad to have him join for instruction. Hon. RICHARD GEPHARDT, us this evening in this Special Order, I asked a teacher, well, what do you House Minority Leader, and I yield to him. do when you need to write on the U.S. Capitol, Washington, DC. Mr. HOLT. Mr. Speaker, I thank the blackboard, because the students on ei- Hon. TRENT LOTT, gentleman from North Carolina (Mr. ther wing cannot see the blackboard, Senate Majority Leader, ETHERIDGE), for yielding to me. I am and he said, well, he has to talk about U.S. Capitol, Washington, DC. pleased to be here with the gentleman word by word or number by number Hon. TOM DASCHLE, on his Special Order this evening to Senate Minority Leader, what he is writing on the blackboard U.S. Capitol, Washington, DC. talk and focus on school construction and hope they can take it down. That DEAR CONGRESSIONAL LEADERS: We are and talk about the implications that is no way to teach children. writing to ask for your help with a long that has for education overall. Mr. ETHERIDGE. On that point, re- standing problem in our schools here on the I do thank the gentleman for setting claiming my time, if I may, I would Central Coast—overcrowding. Before the up these Special Orders. The gentleman ask my colleague, the gentleman from 106th Congress comes to a close, we ask that has been a leader in education, starting North Carolina (Mr. PRICE) to join us. you pass H.R. 4094—the America’s Better with his school board back home and Classrooms Act—an important piece of legis- The gentleman and I visited a number lation that would help improve Central going through his time as State super- of schools, and let me say I appreciate Coast students’ learning environments. intendent of schools in North Carolina him joining us this evening. Not only At Peabody Charter School, students re- and then preceding me here in the has he been a leader in this, but a lead- ceive a top-notch education, but also feel the House of Representatives. The gen- er in trying to find us teachers we are effects of overcrowding. Imagine how hard it tleman has been a true leader. going to need to fill those extra class- would be for members of Congress to con- Mr. Speaker, I visited nearly 100 centrate and work in conditions similar to rooms we are going to build, because he those found at Peabody. Unfortunately, over- schools in my district; and everywhere has a piece of legislation on it, and he crowding problems exist in schools across I go across the five counties that I rep- was kind enough to let me join him and the country, and we know this can have an resent, I hear from parents and teach- be a part of it; and I think the gen- impact on students education. ers and administrators and students tleman from New Jersey (Mr. HOLT) is H.R. 4094, which has bi-partisan support about the problems of overcrowding. It on it also. He has seen this, and he has and 225 co-sponsors, would provide approxi- is no wonder the number of school chil- mately $25 billion in interest-free funds to been a fighter. Not only is he a teacher, State and local governments for school con- dren, certainly in my part of the coun- but he has taught a lot of us here how struction and modernization projects. This try and in many other parts of the important it is for education. country, is setting record levels. funding would help schools like Peabody Mr. Speaker, I yield to the gentleman make improvements to classrooms, play- We are experiencing what is some- from North Carolina (Mr. PRICE). grounds and would help reduce class sizes. times called the echo of the baby boom, We must set our standards high to ensure and there are schools where the stu- Mr. PRICE of North Carolina. Mr. that all children have a healthy start. All dent population has doubled in the past Speaker, I thank my colleague for call- children deserve to have safe, clean, modern ing this Special Order and for helping schools to attend each day. And so, my 10 years. I can show my colleagues school districts where the kindergarten us focus our attention here in this crit- friends at Peabody Charter School and I ask ical closing period of the 106th Con- that you bring H.R. 4094 to the floor for a is twice the size of the 12th grade. We gress on our education needs. vote before this session of Congress comes to do not have to have higher mathe- a close. The congressional session is coming matics to understand the implications My colleague, the gentleman from to an end, but Peabody students have a life- of that for school construction. North Carolina (Mr. ETHERIDGE), re- time of learning ahead and need your help. The classrooms are overcrowded. To ferred earlier to this study, which the Sincerely, alleviate this, many schools are turn- minority staff of the Committee of LOIS CAPPS, Government Reform and Oversight has Member of Congress. ing to trailers. Trailers may be a tem- porary solution. In one place in my dis- carried out, showing that 90-plus per- NICK HILL, trict, in one school district, in fact, at cent of our students in our part of MILAGROS MACIAS, North Carolina are in classrooms of Peabody Charter one school, there are 18 temporary School Students. trailers out back, and another three in larger than the recommended size. This is children grades K through three, Mr. ETHERIDGE. Mr. Speaker, I the school next door and others that when we know class size matters most. thank my colleague from California will be moved in in coming weeks. The gentleman and I took a tour a (Mrs. CAPPS) for her remarks, and I Mr. ETHERIDGE. Reclaiming my thank the children. We tend to forget time, this gives me an opportunity to few days ago to unveil this report. We here sometimes that it really is about really talk about the heart of the issue. went to an elementary school in Cary, them. We get to dealing with a lot of We have the gentleman from North North Carolina, in my district, and weighty issues, and they are impor- Carolina (Mr. PRICE), and if he will join then in Raleigh and then in Wake For- tant. But in the end, most of us, if we us here we can get into it. When we est; and as he has already said, we wit- are honest with ourselves, it is really talk about that, what many people who nessed the situation there. I must say about our children, our other children. are not in the school fail to see is we that the teachers and the students are And all the issues of security, safety, have those extra students in trailers or making the best of the situation. They et cetera is about that, and that is why in closets or wherever, and most cases have made these trailers attractive, I introduced the bill early on for school we do not increase the size of the cafe- and they have made the best of it. construction. teria where children eat or the media But in some of these schools, the I am glad to see the kind of struc- center or the libraries, as many of us children are eating lunch at 10:15, 10:30 tures taken, and I would say to my col- would think of years ago, nor the bath- in the morning, and as late as 1 o’clock leagues that in addition to those 200- room where children need to go, all of and 1:30 in the afternoon simply be- some people that signed, the leadership those extra facilities that teachers cause the central facilities had not in this body has still refused to bring it need to take. And if they are out in a caught up with all the additional popu- up. We have now drafted a letter, and trailer outside when it rains, what hap- lation of the school occupying these we have over 150 of our colleagues hav- pens to the children? They get wet. trailers. And the same is true of the ing signed it to go to the President. I Mr. HOLT. If the gentleman would bathrooms; the same is true of the ath- hope all the rest of them will sign it by yield, the students tell me that they letic facilities. It is unjust in a country next week, encouraging them not to get teased because they get wet going as wealthy and as prosperous as ours give in on any issue until we get some back to the classes that they have in when we know, when we know beyond a school construction money for children the other building, and these trailers shadow of a doubt that children’s abil- across this country. are not a cheap solution either. They ity to learn and teacher’s ability to

VerDate 11-MAY-2000 03:05 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.071 pfrm04 PsN: H14PT1 H7644 CONGRESSIONAL RECORD — HOUSE September 14, 2000 teach is linked to a decent class size. I score something the gentleman said eight. It is growing that rapidly. The just think it is unconscionable that we just a moment ago about the way this students have to walk through rain to are not addressing that situation. legislation would work and the fact get there. I remember what Nell Fer- b 1845 that decisions about when and if to guson said. She said we do the best we build would remain under local control. can. We nurture all we can. I think local and state authorities We are not suggesting, and this is the But we get back to the problem that often are doing the best they can. On genius, I think, of the Etheridge pro- the gentleman from North Carolina this tour with us, we had the county posal and that of the gentleman from (Mr. PRICE) talked about, which is this superintendent of schools, we had New York (Mr. RANGEL), the President whole issue of children starting lunch school board members, we had county has made similar proposals targeting early. If you are a little fellow, I just commissioners. There is no question we low-income schools and high growth wonder how many Members of Con- are in this together, and nobody is schools. The genuineness of that pro- gress, and, now, we sometimes do not blaming the other. It is a matter of posal I think is that it would leave the get to eat lunch and I understand that, working together at all levels of gov- decision in local hands, it would leave but every day if you had to go eat ernment and making the Federal Gov- the responsibility about issuing the lunch at 10, 10:15 or 10:30, and you are ernment and especially the Federal bonds and raising the funds in local in a controlled situation and do not get Tax Code a partner in what we need to hands, but it would say that through a snack until you are home at 3:30 or 4, achieve. It is that kind of partnership the use of the Federal Tax Code, if you are on a bus, I wonder how many we are looking for. through giving tax credits to the hold- adults would like that around here? If we can get this legislation on the ers of those bonds in lieu of interest, Mr. HOLT. Yes, I can imagine. Some floor in these closing weeks, I believe we are going to let those local authori- days I know what that is like. we can do great things to bring 100,000 ties stretch those dollars a great deal I would like to turn our attention to new teachers into the classrooms of further. That is a non-intrusive ap- your school construction legislation, America and to expand our schools and proach that leaves the decision where because I would like to believe that if to modernize those schools. it should be, but makes the Federal my colleagues here understood it, and Mr. HOLT. If the gentleman will Tax Code the friend of those who would if the leadership really understood the yield. Of course the real purpose of our invest in our children and invest in our legislation that the gentleman has put being here this evening is to call atten- school infrastructure. forward, they would not stand in the tion to the action that we have yet to Mr. ETHERIDGE. I think the gen- hallways, they would not block this. It take here in the House of Representa- tleman is right. We never hear those makes such good sense. tives, to call on the leadership to act complaints when it comes to building I would like to ask my colleague to on these bills. other things that we allow the Tax explain for us why this is not taking The school construction bill is a won- Code to be used for. I think that is the away local initiative, the local control derful partnership between the Federal secret here. I think the leadership in of schools? As my colleague, the gen- Government and the local school dis- this House has an obligation to the tleman from North Carolina (Mr. trict, and it is applicable not just in American people to say we are either PRICE), said, part of the genius of this schools that are overcrowded because for children or we are against them. If is it allows the local school districts to of a booming population, such as in my they do not bring it up, we know where decide when and what needs to be con- district. It is also applicable to the they stand. structed. school districts where the schools are When you have over 225 Members Mr. ETHERIDGE. The gentleman is aging. sign a piece of legislation and you can- absolutely correct, because the way it Across the country the average age not get it on the floor of this House, it is drafted, the locals only pay the prin- of a school now is well beyond what a is obvious that they have decided in cipal back. They determine it. The in- business or industry would consider their great wisdom that there is not terest is paid by all of us as citizens in satisfactory for use. It is well into the that need. I think that is absolutely this country. It is not unique, because 40 years for an average school. In New wrong. we do it on other kinds of projects in Jersey it is actually closer to 50 years As the gentleman from North Caro- this country. For some to say it has for the average age of schools. We have lina (Mr. PRICE) and I know, and you not been done, it was really done in all heard stories of ceiling collapses, of mentioned in your district, we were at education right after World War II, teachers who put cheesecloth over the Joyner Elementary School, and they some money was appropriated because vents to stop the lead paint flecks from had a little trailer park out back, lit- of the growth. coming in to the classroom. erally, and the children were having to We are at a time now where we are Estimates by the civil engineering go back and forth. They were doing a seeing phenomenal growth, a tremen- societies say that school construction good job. I remember what Kathleen dous economy, none like we have ever is the number one infrastructure need Marynak, the principal, said. ‘‘We call seen before in this country, and we not of the United States of America, and to these our cottages in the woods,’’ I be- only have an obligation, we have a put America’s classrooms reasonably lieve she said, trying to help the stu- great opportunity to make a difference up-to-date would have a price tag of dents, but literally they had to walk up and propel this economy at a whole several hundreds of billions of dollars. a hill, and when it rained they got in new level. The school construction legislation trouble. As we move forward and as we talk that the gentleman from North Caro- We went to Wake Forest Elementary about construction, as important as lina (Mr. ETHERIDGE) has presented to and talked to the principal, he was that is, and that is a critical part, we us as a companion piece to that that is standing there, and he said we have 829 need people to go in those classrooms, sponsored by Representatives JOHNSON students in a school originally built for the 100,000 teachers, the next install- and RANGEL that would be a great boon 361 students. They added to it, but they ment we are talking about this year. to school districts that have aging had an awful lot of portable facilities That is going to be a fight before we schools and to school districts where there. adjourn, count on it. They want to the population is booming and they It is just not right at this time. The block grant it. cannot keep up the construction, have gentleman from North Carolina (Mr. Well, having been State super- enough construction to keep up with PRICE) is well aware of this and the intendent, I will share with you what a the population, and in the school dis- gentleman touched about growth com- block grant means, and to my other tricts who need to build so that they munities. In Johnston County, a coun- colleagues. I want Members to under- can have enough classrooms to have ty south of Wake, and it is true of stand what we are talking about. It the smaller class sizes that are ideal every county around because we are means you use it for whatever you for education. growing, they built a new school and want to use it for. Mr. PRICE of North Carolina. Mr. had something like 18 trailers. They As a Member of this Congress, if I Speaker, if the gentleman will yield moved those off and opened a new want it spend it for teachers, and I just for a moment. I want to under- school, and they are now back up to think the people out there would tell

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.150 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7645 you it goes for class sizes, put it on There is a second feature to this, and and I hope we can have a good bipar- teachers, I guarantee you parents will this is something that I think is some- tisan effort on that. There is no reason say the same thing. They do not want thing new, although in North Carolina before we go home that we should not it diluted. we are making a start with our North have the next sizable installment of As we do that, one of the critical Carolina model teaching consortium. those 100,000 new teachers on the way pieces we are going to be facing over The idea here is to reach into our 2- into classrooms in those early grades the next 10 years is replacing all the year schools, reach into our commu- across this country, and there is no teachers that have the ability to retire. nity colleges and take paraprofes- reason that we should not have this I think that is a great challenge, one of sionals, people who may be training as school construction program in place the challenges. While we are on this, teacher’s assistants, and give them the so that local school authorities, who the gentleman from North Carolina wherewithal and the incentive to go on know firsthand what the needs are, can (Mr. PRICE) introduced some legisla- for that full 4 years, because I think take advantage of this and get those tion, and I hope he will share his that is an excellent source of teachers. facilities on line. thoughts on that as we look between These people are rooted in the commu- There has been a lot of talk about the two of you at this whole issue, be- nity, they are already serving children, whether this Congress is going to go cause having taught, you understand and, with an additional incentive and down in history as a high achiever or a it. with some work at the institutional low achiever. Right now it is looking Mr. PRICE of North Carolina. I level to make sure there is a seamless more on the low side. What could thank my colleague for referring to transition from that 2-year to 4-year change that would be for us to catch on this, because it clearly is part of this program, I think we will have a whole fire here in these remaining weeks and solution. As we build additional class- new resource there for our teaching do a job for public education. rooms, as we get children into lower force out of our community colleges. class sizes, especially in the early So those are the two main compo- b 1900 grades, we are going to need quality nents, the Teaching Fellows Program Mr. HOLT. Mr. Speaker, if the gen- teachers to teach those children. for high school seniors and then the tleman will yield, I would also, before As a matter of fact, we are con- Teaching Fellows Partnership Program we finish this, just commend the gen- fronting a teacher shortage in this for students in community colleges. We tleman from North Carolina (Mr. country, and it is going to get a great have a number of cosponsors, a number ETHERIDGE) for his very attractive tax deal worse before it gets better. The es- of people who have indicated an inter- credit school bond proposal. It would timates are we will need to hire 2 mil- est in this. be of great benefit to districts like lion new teachers in the United States I just think the quality and quantity mine. New Jersey would be able to get over the next 10 years; and in North of our teaching force is probably going on with building a couple hundred mil- Carolina, we are going to need to find to be the dominant public education lion dollars worth of school construc- 80,000 new teachers. Believe me, that is issue over the next decade, and I be- tion, just in my State, if this legisla- a great deal more than we are pro- lieve this legislation could help us pre- tion goes through. I certainly am doing ducing at the present time. pare for it. all I can to advance this legislation, That is a lot of manpower and woman Mr. HOLT. If the gentleman would and I thank the gentleman from North power we are going to need to bring yield, I would like to underscore a cou- Carolina for bringing it forward and for into the classroom. This 100,000 new ple of points that he has made about pushing it. There are only a few pre- teachers proposal of the Presidents is these numbers. The latest numbers I cious weeks of legislative time left this an important down payment on that, have from the Department of Edu- year, and this is surely one of the most and, goodness knows, we should not go cation say that in the next 10 years we important things that is remaining on home before we do that. I cannot imag- will need somewhat more than 2 mil- our agenda. ine we could do any less than bring on lion, probably 2.2 million new teachers, Mr. PRICE of North Carolina. Mr. an additional installment of those just to stay even. This is not to have Speaker, if the gentleman will yield, 100,000 new teachers in the classroom. smaller class sizes, to reach this opti- But, as my colleague said, we have a let me chime in and also thank my col- mum of 18 students in the early grades, league from the neighboring district in piece of legislation that I think is very but this is just to stay even with the promising for the long haul, and I North Carolina. We have worked to- attrition, the retirement of the teach- gether cooperatively on so many would like to commend it to col- ers and the students that are now in leagues. These colleagues here tonight things, and there is nothing more im- the pipeline. portant than this. I thank the gen- have very generously cosponsored this Where are we going to get these tleman for calling this Special Order bill, it is H.R. 4143, the Teaching Fel- teachers? This raises questions of and for focusing all of our attention on lows Act. where we will recruit them, how we This is legislation, just briefly, that will encourage them and mentor them, the unfinished business in the days would build on some successful State train them and see that they are treat- ahead. Mr. ETHERIDGE. Mr. Speaker, let experiences in recruiting and training ed as the professionals that they are, teachers. We have in North Carolina and how they will get ongoing profes- me thank my colleagues who are still the North Carolina Fellows Program sional development. I think the gentle- on the floor and others who have left which takes high school seniors and man’s proposal is a very good one, and this evening, because we really are se- gives them a scholarship to take them that will help in this. rious about this issue. It is an issue through the 4 years of training to be We must at the same time work for that is critical to America’s future as teachers. But it is so much more than smaller class sizes. The President’s we talk in this Special Order about cre- just money, it is not just a scholarship. proposal, he has made this a personal ative solutions to these problems. Cer- This cohort of students goes through cause, is to get smaller class sizes in tainly school construction is part of it college with an extracurricular pro- the early few years, and I hope we can as we invest in a national commitment gram that solidifies their professional do that. to educational excellence where identity and trains them in what it Once again we are coming to the end schools are accountable to our tax- means to be a professional, what it of the appropriations cycle and the payers for raising standards and every means to serve the community. The re- money is not there. In the past 2 years child has an opportunity to learn. One tention rate for these teachers, the the President has been able to succeed cannot learn when one is not in the people who stay with the program after in the negotiations with his masterful right kind of conditions. Improving they have done their obligation, is negotiation skills to get the install- education in this country is about cre- very, very high. This is a State-based ments on these 100,000 new teachers. I ating a classroom environment where program that has worked very, very just hope we will be able, before we go children can learn and teachers can well, and we would like to take this na- out of session this year, to get the next teach. tionwide. We would like to build on it installment on that. Mr. Speaker, I was in Sampson Coun- in North Carolina and see States across Mr. PRICE of North Carolina. I think ty on Sunday and dedicated a new the country do this. we all have to push toward that end, school. It was amazing how important

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.152 pfrm04 PsN: H14PT1 H7646 CONGRESSIONAL RECORD — HOUSE September 14, 2000 that school, on the outskirts of a small try, the flood of student enrollments school renovation. Personally, I couldn't be- community, identifies a community. keep coming, and at the public school lieve this motion to instruct failed. I say this Our schools do identify communities. level, there will not be and cannot be a because as parents all across America know, We need to foster a greater connection sign on the door that says, no vacancy. our nation's schools are overcrowded. between students, teachers, and par- We can do that in a lot of other Children in Texas returned to school in Au- ents. Our schools can do better; and schools. Private schools can say, we gust, and I can tell you that over the past sev- with our help, they will do better, and cannot take anyone else. Colleges and eral weeks I have heard again and again from we have to quit pointing fingers and universities can find a way not to ac- parents talking about the need to address the start joining hands. cept, but when school opens in Sep- challenge of overcrowded schools. Mr. Speaker, it is amazing what a tember and August and they keep com- Total public and private elementary and sec- hand is about when we give a helping ing as they transfer, they take them, ondary school enrollment has continued to hand instead of pointing fingers. We and classes get overcrowded. We must rise, from 52.8 million in 1999 to a projected are good at pointing fingers around continue to take them and help them. all-time record of 53.0 million this fall. These here. One of the best ways we can im- We have to help our schools meet this numbers are projected to rise for most of the prove education, as we have talked challenge. century. about this evening, is to help provide This Congress must take action to The point I simply want to make today is for smaller class size, help provide for help these communities cope with this that as the United States embraces these new more teachers, where we can have or- urgent problem, and we must act this generations and new arrivals to our schools, derly and disciplined classrooms, where year. We cannot wait another year. For we must be prepared to be able to provide a children get the additional attention many of these children who will be quality education to all students. We must help that is so badly needed. stuck in trailers, shoved in closets, communities nationwide modernize their We have children coming to our pub- crammed in the bathrooms and in con- schools and we must support class size re- lic schools to start from a variety of verted other rooms, gymnasiums, sub- duction so that America's children are in an backgrounds, children who are loved; standard facilities, that is not accept- environment where they can realize their full unfortunately, some who are not loved able in a country that has the re- potential. These are smart investmentsÐin- like they should be. Some who are well sources we have. This country needs to vestments that merit broad bipartisan support. advanced and others who are not. But help schools where better order and f teachers try not to differentiate; they discipline can foster better learning for INTEREST AMERICANS PAY FOR love and care for all of them and try to all of our children. CURRENCY ignite that flame of learning in each Mr. Speaker, I urge this Congress to child. They can only do it if we give stop playing partisan games, to lay The SPEAKER pro tempore (Mr. them the help and support they need. down our swords and pick up the lan- VITTER). Under the Speaker’s an- We do need a national commitment guage of working together and put our nounced policy of January 6, 1999, the to the notion that parents in America Nation’s children first. Pass school gentleman from Washington (Mr. have the right to expect that their construction legislation without fur- METCALF) is recognized for 60 minutes children will have the best teacher in ther delay. as the designee of the majority leader. the world in that classroom. There are Mr. Speaker, I have written a letter Mr. METCALF. Mr. Speaker, I would places in this country where they abso- to the President with the gentleman like to speak on the topic, Interested lutely do not have the money; they do from New York (Mr. RANGEL) and a in the Interest that Americans Pay for not have the resources to do it. They number of my colleagues insisting that Their Own Currency, and I hope we are. cannot build the buildings, and they school construction, in any final budg- I think we should be. cannot hire the teachers. Dagburnit, et compromise with the congressional The interest owed on our national we ought to be about helping them. Republicans, be the highest priority. debt to the Federal Reserve System is That is what America is about. We More than 150 of my colleagues have a disgrace. One day it will be the single need to provide support for teachers as joined me; and I trust before early next largest budget item in our national they do this difficult, difficult task. week, we will have over 200 names, as budget. It ranks number two presently, It is a critically important job. It is we have on the bill. but not by much. And Americans pay the most important job we are about in The American people consider this interest also on their currency. I will rearing children early. We have had their highest priority. They want to repeat that. Americans pay interest enough teacher-bashing in this body improve education by building new also on their currency; indirectly, of the last few years; and an awful lot of schools, hiring new teachers, reducing course, but it is still true. it, I am sorry to say, has come from class sizes and improving order and dis- Currency is borrowed into circula- my Republican colleagues on the other cipline in the classrooms so that our tion. Actually, we pay interest on the side of the aisle, and that must end and children can get the attention they bonds that needlessly back our cur- it must end now. We have to come to- need and learn as they should learn. rency. The U.S. Treasury could issue gether and help. We are in this thing Mr. Speaker, again, I want to thank our cash without debt or interest as we together. Our children deserve no less. my Democratic colleagues for joining issue our coins today. Member banks We must make every neighborhood me this evening in this very important must put up collateral, U.S. interest- school in this country work, and work Special Order. There are a lot of things bearing bonds, when they place each as they should. we deal with in this body that are im- request for Federal Reserve notes, ac- That is why we are working to help portant, no question about it. This is cording to the Federal Reserve Act, pass H.R. 4094, and that is a bipartisan the people’s House, one of the greatest section 16, paragraph 2, in the amount piece of legislation. I am thankful that Nations in the world. But I am here to equal to that request. The cost to each we have finally gotten there. It does tell my colleagues that there is no American is about $100 each year to provide $25 billion for school construc- issue that we face on the threshold of pay interest on these bonds, or really tion money across the country. A lot of the 21st century that is more impor- the cost of renting our cash from the money? Yes. Not nearly enough to get tant to the security of this Nation, to Federal Reserve. So we actually pay a the job done, but enough to get started the prosperity that we hope to have in tax on, or a rental fee, to use the Fed- and say we do have a commitment at the 21st century, than that we have the eral Reserve’s money. To repeat, our the national level; and yes, we are resolve and the commitment to do Treasury could issue our currency going to be a partner. Unfortunately, what needs to be done for the children debt- and interest-free just like we this Congress has failed to act, and the of America. issue our coins debt- and interest-free. leadership has not brought it to the Mr. HINOJOSA. Mr. Speaker, back in July We understand all of this, I think, in floor to provide our local communities this body unfortunately rejected a motion to in- that we use Federal Reserve notes to with the assistance they need. struct conferees on the FY 2001 Labor/HHS/ pay most of our bills and taxes. In the Mr. Speaker, our schools are bursting Education appropriations billÐa motion that in- Federal Reserve Act, it originally stat- at the seams. In communities through- sisted on more education funding and dedi- ed in section 16 that these Federal Re- out my district and across this coun- cated funding for class size reduction and serve notes shall be redeemed in lawful

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.154 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7647 money on demand at the Treasury De- price stability, presumably, although Most was pure speculation on mar- partment of the United States, or at one may argue that this would be good gin; that is, much of it by folks who any Federal Reserve Bank. I am for everyone, including consumers; but today believe there is no risk any quoting from the act itself. An inter- price stability as the goal only informs longer in investing in the stock mar- esting question is, What is the lawful us of what the Fed seeks, not how it in- ket. This was the real cause for our money mentioned in the original Fed- tends to achieve it. much acclaimed boom in the market eral Reserve Act that we will get when b 1915 run-up prior to the year end 1999. we redeem the Federal Reserve notes? Many market participants under- That question is never answered. If not money supply aggregates, M–1 stood that this was a false boom, an But here is where the ‘‘money mud- and M–2, then what are the new indica- anomaly created out of thin air by dle,’’ as James Warburg once called it, tors? It was announced several years Chairman Greenspan’s governors. They begins to get really muddy. When we ago in the business journals mostly, immediately took their winnings, the redeem Federal Reserve notes, we get that the one new indicator, of the profits on the run-up. They paid dearly Federal Reserve notes in exchange. many used, is today what is called in capital gains taxes levied, about $70 wage inflation. I shall return to that That is interesting. When we borrow billion in capital gains taxes. from our bank, any bank, we do not get momentarily, but first we must look at Curiously, that windfall for the ad- Federal Reserve notes in hand; we do the quantity of money again, not the ministration matches pristinely with not get cash. We open an account at price of money. the acclaimed surplus President Clin- Businessmen, for example, and con- the bank we are borrowing from and re- ton immediately took credit for in his sumers as well, consider the price of ceive a bank draft to deposit in the new wise oversight of the economy. money when they borrow. If interest account that we were made to open But if this surplus was real, why did rates are 7 percent rather than 6, the when we borrowed the money. Well, the national debt continue to rise? businessman will make the deal, rather not money, per se, but the notes. There is no surplus, is the answer. than wait. Consumers often buy at the Today, this is all done through ETF, or There was just a sudden windfall in higher rates, rather than waiting for electronic funds transfer. capital gains taxes some argue was or- Here is the point to all of this. There the price to go down some. But even with interest rates on the chestrated by Chairman Greenspan. are no Federal Reserve notes on hand I would ask the chairman if I were for us to borrow. According to the Fed- rise, even if with just quarter point in- creases, the money supply used to given more time, what did he think eral Reserve Bank of Chicago, in their would happen when he expanded the publication, Modern Money Mechanics, shrink. Yet, that is not the case any adjusted monetary base upwards in they state, and I quote: ‘‘Changes in longer. The Fed now places money in such a dramatic fashion? Does he no the quantity of money may originate the hands of member banks in what are longer believe Milton Friedman’s with the actions of the Federal Reserve called repurchase agreements, or repos. axiom regarding the reckless increase System, the Central Bank, the com- It may be placed with the banks over- in the supply of money? Is it not sup- mercial banks, or the public, but the night, or for 7 days, or for whatever posed to cause dislocations any longer major control rests with the Central time the board wants. They can roll it because of this new economy? Bank. The actual process of money cre- over at will. They can reclaim it at If that is true, then what of the ac- ation takes place in the commercial will. tions of the Fed the week after Y2K? banks. As noted earlier, demand liabil- The member banks do not have the Within 7 days, the Fed policy reversed ities of commercial banks are money. option to take or not take the funds itself just as dramatically downwards. These liabilities are customers’ ac- and they pay interest on these new The Fed repurchased the funds by near- counts. They increase when the cus- funds, but as a noted financial adviser ly the same amount over the next sev- tomers deposit currency and checks, stated, the banks only have the right and when the proceeds of loans made to say, ‘‘Thank you very much, sir;’’ in eral months, beginning with the year by the banks are credited to borrowers’ other words, they have no choice in the 2000. The dramatic decline in the adjusted accounts. Banks can build up deposits matter. monetary base corresponds directly by increasing loans and investments, Where does this new money go? That so long as they keep enough currency is the real point, here. The new money with the violent corrections in the on hand to redeem whatever amounts goes almost immediately into the fi- stock market, and especially NASDAQ. the holders of deposits want to convert nancial markets; the stock market, Those with less savvy, like so many into currency.’’ primarily. It depends on the quantity speculators, gamblers, really, were The Federal Reserve Board of Gov- the Fed pumps into the banks’ hands. wiped out. This is no coincidence, but ernors sets our interest rates, which Here is a fine example. During the 6- correspondence. This is not just con- then determine the price of money; not months period just prior to year end, voluted, but consequences. What did the quantity or the amount of money, that is, Y2K, Chairman Greenspan ex- Chairman Greenspan think was going but the price of money. The quantity of panded the adjusted monetary base to happen? money I will discuss presently. The dramatically. It is a spike almost Let me quote the chairman from a money aggregates, or the money sup- vertical on the chart supplied by the speech this July 12, 2000, the year 2000, ply indicators, like M–1 and M–2 used St. Louis Federal Reserve Bank. at the appropriately titled ‘‘Financial to be utilized in that determination. At certain points, the annual growth Crisis Conference at the Council on Interest rates went up; the money sup- rate for a given month was as high as Foreign Relations.’’ ply shrank. Interest rates were low- 50 percent. During the entire 6 months ‘‘Despite the increased sophistication ered, more money or credit really was it was running at about 25 percent an- and complexity of financial instru- released to the banks to lend. The nual growth. This was far outstripping ments, it is not possible to take ac- money supply went up. growth in productivity. Billions of dol- count in today’s market transactions The Federal Reserve Board and its lars were pumped into the banking sys- of all possible future outcomes. Mar- chairman have repeatedly stated that tem, some $70 billion. kets operate under uncertainty. It is the M–1 and M–2 indicators are out of Where did the money go? It had to go therefore crucial to market perform- control and are no longer used in deter- into the financial markets. No other ance that participants manage their mining Fed policy. What is Fed policy, area of the economy could absorb such risks properly. It is no doubt more ef- in capital letters. Well, Fed policy has an enormous increase so suddenly. fective to have mechanisms that allow always been to fight inflation and keep The banks called upon everyone, losses to show through regularly and the overall economy going, pros- from brokerage houses to money man- predictably than to have them allo- perously going. But inflation, while agers. They were having to give the cated by some official entity in the still a minor concern of the Fed, new money away at ridiculously low wake of default.’’ though I do not agree, is of less con- rates of return. Most of the new money If that statement were not sufficient cern. was loaned into the financial markets, to rile a risk-taker as market partici- Price stability is the clarion call for the stock market, and most in the pant Greenspan goes on to dryly add, Fed policy today. The corporation’s high-tech industry. ‘‘Private market processes have served

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.156 pfrm04 PsN: H14PT1 H7648 CONGRESSIONAL RECORD — HOUSE September 14, 2000 this country and the world economy rency, otherwise called money, issued This reduces the national debt by well to date, and we should rely on by the Federal Reserve in response to over $500 billion, and reduces interest them as much as possible as we go for- interest-bearing debt instruments, usu- payments by over $25 billion annually, ward.’’ ally the United States bonds. I already with no real loss to anyone. This is how the Fed managed price pointed out above that member banks Let me repeat that. If we did this, stability? Now, let me return to wage must put out an equal amount of col- merely declared that the money we use inflation. Is wage inflation inflation in- lateral when they request any amount is officially United States Treasury flation? As I pointed out above, wage of Federal reserve notes. They pay in- currency, then the Fed could return inflation is the newest indicator the terest on this amount, too. That is to the $500 billion in bonds that they hold Fed looks at in determining fed policy say, we indirectly pay interest on our and reduce the national debt by $500 on interest rates. paper money in circulation. Whether billion, reduce our annual payments by Members will read in the business bonds, loans, et cetera, we pay interest. about $25 billion, with no real loss to pages that the Fed determined that The total cost of the interest is anyone. We do this while protecting there was no real wage inflation con- roughly $25 billion annually, or about the member banks’ collateral they cern, so interest rates remained as $100 per person in the United States. each put up when they requested the they are. Or should there be some indi- Over $500 billion in just United States notes originally. This is not a com- cator that wage inflation is a factor, bonds are held by the Federal Reserve plicated proposal, and the rationale be- interest rates may have to be in- as backing for the notes. The Federal hind it is seen by many financial minds creased. Reserve collects interest on these of note as logical and doable. If Members can understand the rela- bonds from the U.S. Government, re- tionships, they should be as outraged turning most of it to the U.S. Treas- b 1930 as I am. Everybody knows that labor is ury. Then the Fed officials that have de- almost always, and everywhere in in- The Federal Reserve is paid suffi- vised the monetary indicator called dustry, the number one and always at ciently well for all of the services it wage inflation should reconsider just least number two cost of operations provides: regulatory, check-clearing, exactly who is paying the real price for Fedwire, automation, compliance, and figure for every company, especially price stability and report to the Bank- so forth. There is no rational, logical the largest monopoly multinationals, ing Committees of both Houses what reason why Americans must pay inter- and it is the largest multinationals’ indicators they might utilize rather est on their circulating medium of ex- bottom line that the Fed protects when than this horrendous approach, an ap- it talks about price stability. That is a change. Why are we paying interest to the proach that even Adam Smith de- frightening thought. nounced over 200 years ago. Price stability is achieved by keeping Fed for renting the Federal Reserve notes that we use? Why do we not issue Finally, the Fed must restrain the wage inflation under control. This drastic monetary expansions and re- means nothing short of this: If wages of United States Treasury currency that can be issued like our coins are issued, tractions using the methods described workers begin to rise, should workers above. For whatever reasoning the Ad- begin to see the benefits of this boom- debt-free and without interest? Donald F. Kettle in his book, one of justed Monetary Base was inflated, ing economy, the Fed will raise inter- the better books on the Fed, actually, causing the wild speculation in the fi- est rates, slowing the economy and ‘‘Leadership at the Fed,’’ stated, nancial markets just prior to Y2K and driving wages down. More workers will ‘‘Members of Congress were far more the subsequent disaster for so many lose their jobs, thus driving down likely to tell Federal officials what when the base was suddenly deflated wages. they disliked than what policy ap- like a child’s balloon, this should be We do this for the corporations’ sta- proaches they approved.’’ subject to the most minute scrutiny. bility in pricing the goods these work- As an understatement of all time, My intent here was not just to dem- ers help to produce. And we call this given wage inflation as indicator, John onstrate my dislike for some of the free enterprise, the hidden hand work- M. Berry in the journal Central Bank- Fed’s policies. I could write a discourse ing through our free system? ing stated that FED officials are not on the area that the Fed has done well. Let me quote Adam Smith, father of all that forthcoming in their policy an- But so many of my colleagues prefer the so-called free enterprise: ‘‘Masters nouncements because they ‘‘prefer to that course, I should seem redundant. are always and everywhere in a sort of be seen as acting essentially as con- In any case, the Federal Reserve Board tacit, but constant and uniform, com- trollers of inflation, not employment has more than enough congratulatory bination, not to raise the wages of maximizers.’’ praise from various corners that my labor above their actual rate. To vio- I do not wish to be seen as one of praise would fall upon deaf ears. late this combination is everywhere a those Members of Congress that only I hope my unapologetic approach most unpopular action, and a sort of expresses his displeasure at the Fed may serve to give some pause to these reproach to a master among his neigh- policies. I shall therefore propose some most important issues for all Ameri- bors and equals. We seldom, indeed, solutions as a starting point. It is but cans, investors, owners, and workers hear of this combination because it is one place to begin. alike. Clearly the Fed Board and the usual, and one may say the natural Congress must pass a law declaring Fed Chairman especially are the single state of things....Masters, too, Federal Reserve notes to be official most powerful individuals ever grant- sometimes enter into particular com- U.S. Treasury currency, which would ed, delegated the most important enu- binations to sink wages of labor even continue to circulate as it does today. merated powers guaranteed to this below this rate. These are always con- The Federal Reserve system, then freed Congress by the Constitution. It should ducted with the utmost silence and se- of the $500 billion in liabilities, which be little to ask that they take heed in crecy, ’til the moment of execution.’’ the Federal Reserve notes are now con- how they wield that power. If they are There shall be no more silence on sidered to be liabilities, but if we freed going to act like Masters, Fed Masters, these efforts by our masters. It may be, them from that liability, they would then I strongly urge those individuals but it was never intended to be, ‘‘the then simply return the U.S. Treasury to rethink some of the policies they natural state of things’’ to sink wages bonds which backed the Federal Re- put forward and rethink in whose in- of labor below their actual rate, not in serve notes to the U.S. Treasury. terests they serve. the United States of America; not That is, if they are holding the notes where the people, mostly wage-earners, to back our currency and we declare f are the sovereigns. This statement is they are United States Treasury cur- surely a reproach to a master, the Fed rency, no longer Federal Reserve cur- LEAVE OF ABSENCE master, among his equals, if not his rency, then they no longer need the By unanimous consent, leave of ab- neighbors. backing, and could return some $500 sence was granted to: But there is more, much more. Con- billion in liabilities or in U.S. Treasury Mr. BECERRA (at the request of Mr. gress has found that Federal reserve bonds back to the Federal Reserve, GEPHARDT) for today on account of notes circulate as our legitimate cur- back to the U.S. Treasury. business in the district.

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.158 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7649 SPECIAL ORDERS GRANTED culture, transmitting the Department’s final 10030. A letter from the Assistant Sec- rule—Asian Longhorned Beetle Regulations; retary for Fish and Wildlife and Parks, U.S. By unanimous consent, permission to Addition to Regulated Area [Docket No. 00– Fish and Wildlife Service, Department of the address the House, following the legis- 077–1] received September 7, 2000; to the Com- Interior, transmitting the Department’s lative program and any special orders mittee on Agriculture. final rule—2000–2001 Refuge-Specific Hunting heretofore entered, was granted to: 10020. A letter from the Secretary, Depart- and Sport Fishing Regulations (RIN: 1018– (The following Members (at the re- ment of Defense, transmitting the approved AG01) received September 8, 2000, pursuant retirement and advancement to the grade of quest of Mr. ETHERIDGE) to revise and to 5 U.S.C. 801(a)(1)(A); to the Committee on lieutenant general of Lieutenant General extend their remarks and include ex- Resources. David W. McIlvoy, United States Air Force; 10031. A letter from the Program Analyst, traneous material:) to the Committee on Armed Services. FAA, Department of the Transportation, Mr. BROWN of Ohio, for 5 minutes, 10021. A letter from the Director, Office of transmitting the Department’s final rule— today. Management and Budget, transmitting Con- Standard Instrument Approach Procedures; Mr. PALLONE, for 5 minutes, today. gressional Budget Office and Office of Man- Miscellaneous Amendments [Docket No. Ms. STABENOW, for 5 minutes, today. agement and Budget estimates under the 30150; Amdt. No. 2005] received September 11, (The following Members (at the re- Balanced Budget and Emergency Deficit 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Control Act of 1985, as amended, for P.L. 106– quest of Mr. WELDON of Pennsylvania) Committee on Transportation and Infra- 246, pursuant to Public Law 105–33 section structure. to revise and extend their remarks and 10205(2) (111 Stat. 703); to the Committee on 10032. A letter from the Program Assistant, include extraneous material:) the Budget. FAA, Department of Transportation, trans- Mr. RADANOVICH, for 5 minutes, 10022. A letter from the Deputy Associate mitting the Department’s final rule—Air- today. Administrator, Environmental Protection worthiness Directives; Allison Engine Com- Agency, transmitting the Agency’s Final Mr. BURTON of Indiana, for 5 minutes, pany AE 3007A and 3007C Series Turbofan En- rule—Revisions to the California State Im- gines [Docket No. 2000–NE–33–AD; Amend- today. plementation Plan, Sacramento Mr. SHIMKUS, for 5 minutes, today. ment 39–11891; AD 2000–18–06] (RIN: 2120– Metropolitant Air Quality Management Dis- AA64) received Spetember 11, 2000, pursuant f trict—received August 31, 2000; to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Commerce. Transportation and Infrastructure. ENROLLED BILLS SIGNED 10023. A letter from the Deputy Associate 10033. A letter from the Program Assistant, Administrator, Environmental Protection Mr. THOMAS, from the Committee FAA, Department of Transportation, trans- Agency, transmitting the Agency’s final on House Administration, reported mitting the Department’s final rule—IFR Al- rule—Establishment of Alternative Compli- titudes; Miscellaneous Amendments [Docket that that committee had examined and ance Periods under the Anti-Dumping Pro- No. 30177; Amdt. No. 424] received September found truly enrolled bills of the House gram—received August 31, 2000, pursuant to 5 11, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to of the following titles, which were U.S.C. 801(a)(1)(A); to the Committee on the Committee on Transportation and Infra- thereupon signed by the Speaker: Commerce. 10024. A letter from the Duputy Associate structure. H.R. 1729. An act to designate the Federal 10034. A letter from the Program Analyst, Administrator, Environmental Protection facility located at 1301 Emmet Street in Agency, transmitting the Agency’s Final FAA, Department of Transportation, trans- Charlottesville, Virginia, as the ‘‘Pamela B. Rule—Hazardous Air Pollutants: Amend- mitting the Department’s final rule—Stand- Gwin Hall’’. ments to the Approval of State Programs ard Instrument Approach Procedures; Mis- H.R. 1901. An act to designate the United ans Delegation of Federal Authorities—re- cellaneous Amendment [Docket No. 30148; States border station located in Pharr, ceived August 31, 2000, pursuant to 5 U.S.C. Amdt. No. 2003] received September 11, 2000, Texas, as the ‘‘Kika de la Garza United 801(a)(1)(A); to the Committee on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- States Border Station’’. 10025. A letter from the Chief, Policy and mittee on Transportation and Infrastruc- H.R. 1959. An act to designate the Federal Program Planning, Federal Communications ture. building located at 643 East Durango Boule- Commission, transmitting the Commission’s 10035. A letter from the Program Analyst, vard in San Antonio, Texas, as the ‘‘Adrian final rule—Deployment of Wireline Services FAA, Department of Transportation, trans- A. Spears Judicial Training Center’’. Offering Advanced Telecommunications Ca- mitting the Department’s final rule—Stand- H.R. 4608. An act to designate the United pability, CC Docket No. 98–147, Order on Re- ard Instrument Approach Procedures; Mis- States courthouse located at 220 West Depot consideration and Second Further Notice of cellaneous Amendments [Docket No. 30174; Street in Greenville, Tennessee, as the Proposed Rulemaking, and Fifth Further No- Amdt. No. 2006] received September 11, 2000, ‘‘James H. Quillen United States tice of Proposed Rulemaking in CC Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Courtouse’’. No. 96–98—received August 22, 2000, pursuant mittee on Transportation and Infrastruc- f to 5 U.S.C. 801(a)(1)(A); to the Committee on ture. Commerce. 10036. A letter from the Program Analyst, SENATE ENROLLED BILL SIGNED 10026. A letter from the Chairman, Federal FAA, Department of Transportation, trans- mitting the Department’s final rule—Stand- The SPEAKER announced his signa- Communications Commission, transmitting reports on designs and tests of combinatorial ard Instrument Approach Procedures; Mis- ture to an enrolled bill of the Senate of bidding, pursuant to FCC Contracts; to the cellaneous Amendments [Docket No. 30176; the following title: Committee on Commerce. Amdt. No. 2008] received September 11, 2000, S. 1374. An act to authorize the develop- 10027. A letter from the Associate Chief, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment and maintenance of a multi-agency Wirelesss Telecommunications, Federal mittee on Transportation and Infrastruc- campus project in the town of Jackson, Wyo- Communications Commission, transmitting ture. ming. the Commission’s final rule—Amendment of 10037. A letter from the Program Assistant, FAA, Department of Transportation, trans- f part I of the Commission’s Rules—Competive Bidding Procedures [Docket No. 97–82] re- mitting the Department’s final rule—Air- ADJOURNMENT ceived September 8, 2000, pursuant to 5 worthiness Directive; Aerospatiale Model U.S.C. 801(a)(1)(A); to the Committee on ATR42–300, –300, and –320 Series Airplanes Mr. METCALF. Mr. Speaker, I move Commerce. [Docket No. 97–NM–270–AD; Amendment 39– that the House do now adjourn. 10028. A letter from the Director, Inter- 11883; AD 2000–17–0–09] (RIN: 2120–AA64) re- The motion was agreed to; accord- national Cooperation, Acquistion and Tech- ceived September 11, 2000, pursuant to 5 ingly (at 7 o’clock and 32 minutes nology, Department of Defense, transmitting U.S.C. 801(a)(1)(A); to the Committee on p.m.), under its previous order, the a copy of Transmittal No. 17–00 which con- Transportation and Infrastructure. House adjourned until Monday, Sep- stitutes a Request for Final Approval for a 10038. A letter from the Program Assistant, Project Agreement with Sweden Concerning FAA, Department of Transportation, trans- tember 18, 2000, at 12:30 p.m., for morn- Cooperative Research and Development in mitting the Department’s final rule—Air- ing hour debates. Trajectory Correctable Munitions., pursuant worthiness Directives; Airbus Model A300, f to 22 U.S.C. 2767(f); to the Committee on A300–600, and A310 Series Airplanes [Docket International Relations. No. 2000–NM–54–AD; Amendment 39–11892; AD EXECUTIVE COMMUNICATIONS, 10029. A letter from the Assistant Sec- 2000–18–07] (RIN: 2120–AA64) received Sep- ETC. retary for Legislative Affairs, Department of tember 11, 2000, pursuant to 5 U.S.C. Under clause 8 of rule XII, executive State, transmitting certification of a pro- 801(a)(1)(A); to the Committee on Transpor- posed license for the export of defense arti- tation and Infrastructure. communications were taken from the cles or defense services sold commercially 10039. A letter from the Program Assistant, Speaker’s table and referred as follows: under a contract to Singapore [Transmittal FAA, Department of Transportation, trans- 10019. A letter from the Congressional Re- No. DTC 89–00], pursuant to 22 U.S.C. 2776(d); mitting the Department’s final rule—Air- view Coordinator, Animal and Plant Health to the Committee on International Rela- worthiness Directives; Kaman Model K–1200 Inspection Service, Department of Agri- tions. Helicopters [Docket No. 2000–SW–32–AD;

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.162 pfrm04 PsN: H14PT1 H7650 CONGRESSIONAL RECORD — HOUSE September 14, 2000 Amendment 39–11895; AD 2000–18–10] (RIN: the Service’s final rule—2000 National Pool States citizenship automatically and retro- 2120–AA64) received September 11, 2000, pur- [Rev. Proc. 2000–36] received September 11, actively on certain foreign-born children suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the adopted by citizens of the United States; mittee on Transportation and Infrastruc- Committee on Ways and Means. with amendments (Rept. 106–852). Referred to ture. 10050. A letter from the Secretary of the Committee of the Whole House on the 10040. A letter from the Program Assistant, Health and Human Services, transmitting State of the Union. Department of Transportation, transmitting the third annual report on the Temporary Mr. HYDE: Committee on the Judiciary. the Department’s final rule—Airworthiness Assistance to Needy Families (TANF) pro- H.R. 4870. A bill to make technical correc- Directives; Rolls-Royce plc RB211–524D4 Se- gram; to the Committee on Ways and Means. tions in patent, copyright, and trademark ries Turbofan Engines [Docket No. 2000–NE– 10051. A letter from the Secretary, Depart- laws; with an amendment (Rept. 106–853). Re- 23–AD; Amendment 39–11888; AD 2000–18–03] ment of Energy, transmitting a report that ferred to the Committee of the Whole House received September 11, 2000, pursuant to 5 the Department of Energy will require an ad- on the State of the Union. U.S.C. 801(a)(1)(A); to the Committee on ditional 45 days to transmit the implementa- Mr. YOUNG of Alaska: Committee on Re- Transportation and Infrastructure. tion plan for addressing the issues raised in sources. H.R. 4404. A bill to permit the pay- 10041. A letter from the Program Assistant, the Defense Nuclear Facilities Safety ment of medical expenses incurred by the FAA, Department of Transportation, trans- Board’s Recommendation; jointly to the United States Park Police in the perform- mitting the Department’s final rule—Air- Committees on Armed Services and Com- ance of duty to be made directly by the Na- worthiness Directives; Aerospatiale Model merce. tional Park Service, to allow for waiver and indemnification in mutual law enforcement ATR42 and ATR72 Series Airplanes [Docket f No. 99–NM–183–AD; Amendment 39–11890; AD agreements between the National Park Serv- 2000–18–05] (RIN: 2120–AA64) received Sep- REPORTS OF COMMITTEES ON ice and a State or political subdivision when required by State law, and for other pur- tember 11, 2000, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Transpor- poses: with an amendment (Rept. 106–854 Pt. tation and Infrastructure. Under clause 2 of rule XIII, reports of 1). 10042. A letter from the Program Assistant, committees were delivered to the Clerk DISCHARGE OF COMMITTEE Department of Transportation, transmitting for printing and reference to the proper Pursuant to clause 5 of rule X the the Department’s final rule—Amendment of calendar, as follows: Committee on Government Reform dis- Class D Airspace; Cocoa Patrick AFB, FL, Mr. YOUNG of Alaska: Committee on Re- charged. H.R. 4404 referred to the Com- and Class E5 Airspace: Melbourne, FL [Dock- sources. H.R. 2267. A bill to amend the Na- mittee of the Whole House on the State et No. 00–ASO–32] received September 11, tional Trails System Act to clarify Federal of the Union and ordered to be printed. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the authority relating to land acquisition from Committee on Transportation and Infra- f willing sellers for the majority of the trails, structure. and for other purposes; with an amendment TIME LIMITATION OF REFERRED 10043. A letter from the Program Analyst, (Rept. 106–846). Referred to the Committee of FAA, Department of Transportation, trans- BILL the Whole House on the State of the Union. mitting the Department’s final rule—Air- Pursuant to clause 5 of rule X the fol- Mr. YOUNG of Alaska: Committee on Re- worthiness Directives; Boeing Model 727 Se- lowing action was taken by the Speak- sources. H.R. 2752. A bill to give Lincoln ries Airplanes [Docket No. 99–NM–75–AD; County, Nevada, the right to purchase at fair er: Amendment 39–11816; AD 2000–14–07] (RIN: market value certain public land located H.R. 4404. Referral to the Committee on 2120–AA64) received September 11, 2000, pur- within that county, and for other purposes; Government Reform extended for a period suant to 5 U.S.C. 801(a)(1)(A); to the Com- with amendments (Rept. 106–847). Referred to ending not later than September 14, 2000. mittee on Transportation and Infrastruc- the Committee of the Whole House on the f ture. State of the Union. 10044. A letter from the Program Assistant, PUBLIC BILLS AND RESOLUTIONS FAA, Department of Transportation, trans- Mr. YOUNG of Alaska: Committee on Re- mitting the Department’s final rule—Air- sources. H.R. 4521. A bill to direct the Sec- Under clause 2 of rule XII, public worthiness Directives; Raytheon Aircraft retary of the Interior to authorize and pro- bills and resolutions were introduced Company Models A65, A65–8200, 65–B80, 70, 95– vide funding for rehabilitation of the Going- and severally referred, as follows: to-the-Sun Road in Glacier National Park, to A55, 95–B55, 95–C55, D55, E55, 56TC, A56TC, 58, By Mr. FLETCHER (for himself, Mr. authorize funds for maintenance of utilities 58P, 58TC, and 95–B55B (T42A) Airplanes HERGER, Mr. ARCHER, Mr. SHAW, Mr. related to the Park, and for other purposes; [Docket No. 2000–CE–53–AD; Amendment 39– NUSSLE, Mr. CRANE, Mr. GARY MILLER with an amendment (Rept. 106–848). Referred 11887; AD 2000–18–02] (RIN: 2120–AA64) re- of California, Mr. LEWIS of Kentucky, to the Committee of the Whole House on the ceived September 11, 2000, pursuant to 5 Mr. KUYKENDALL, Mr. TANCREDO, Mr. State of the Union. U.S.C. 801(a)(1)(A); to the Committee on CAMP, Ms. DUNN, Mr. HAYWORTH, Mr. Mr. LEACH: Committee on Banking and Transportation and Infrastructure. ENGLISH, Mr. SAM JOHNSON of Texas, Financial Services. H.R. 4096. A bill to au- 10045. A letter from the Director, Office of Mr. PORTMAN, Mr. RAMSTAD, and Mr. thorize the Secretary of the Treasury to Regulations Management, Veterans Benefits GREEN of Wisconsin): Administration, Department of Veterans Af- produce currency, postage stamps, and other H.R. 5173. A bill to provide for reconcili- fairs, transmitting the Department’s final security documents at the request of foreign ation pursuant to sections 103(b)(2) and rule—Increase in Rates Payable Under the governments, and security documents at the 213(b)(2)(C) of the concurrent resolution on Montgomery GI Bill—Active Duty (RIN: request of the individual States or any polit- the budget for fiscal year 2001 to reduce the 2900–AJ89) received September 8, 2000, pursu- ical subdivision thereof, on a reimbursable public debt and to decrease the statutory ant to 5 U.S.C. 801(a)(1)(A); to the Committee basis, and for other purposes (Rept. 106–849). limit on the public debt; to the Committee on Veterans’ Affairs. Referred to the Committee of the Whole on Ways and Means, and in addition to the 10046. A letter from the Chief, Regulations House on the State of the Union. Committees on the Budget, and Rules, for a Unit, Department of Treasury, transmitting Mr. SMITH of Texas: Committee on the Ju- period to be subsequently determined by the the Department’s final rule—Special Rules diciary. H.R. 238. A bill to amend section 274 Speaker, in each case for consideration of Reguarding Optional Forms of Benefit Under of the Immigration and Nationality Act to such provisions as fall within the jurisdic- Qualified Retirement Plans [Doc. TD8900] impose mandatory minimum sentences, and tion of the committee concerned. (RIN: 1545–AW27) received September 5, 2000, increase certain sentences, for bringing in By Mr. THOMAS (for himself, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and harboring certain aliens and to amend BOEHNER, Mr. EHLERS, Mr. NEY, Mr. mittee on Ways and Means. title 18, United States Code, to provide en- MICA, Mr. EWING, Mr. LINDER, Mr. 10047. A letter from the Chief, Regulations hanced penalties for persons committing STUMP, Mr. BUYER, and Mr. HOYER): Unit, Internal Revenue Service, transmitting such offenses while armed; with an amend- H.R. 5174. A bill to amend titles 10 and 18, the Service’s final rule—Qualified Lessee ment (Rept. 106–850). Referred to the Com- United States Code, and the Revised Stat- Construction Allowances for Short-term mittee of the Whole House on the State of utes to remove the uncertainty regarding Leases [Doc. TD 8901] (RIN: 1545–AW16) re- the Union. the authority of the Department of Defense ceived September 5, 2000, pursuant to 5 Mr. MCCOLLUM: Committee on the Judici- to permit buildings located on military in- U.S.C. 801(a)(1)(A); to the Committee on ary. H.R. 1349. A bill to amend title 18, stallations and reserve component facilities Ways and Means. United States Code, to combat the over-utili- to be used as polling places in Federal, State, 10048. A letter from the Chief, Regulations zation of prison health care services and con- and local elections for public office; to the Unit, Internal Revenue Service, transmitting trol rising prisoner health care costs; with Committee on Armed Services, and in addi- the Service’s final rule—Weighted Average an amendment (Rept. 106–851). Referred to tion to the Committees on the Judiciary, Interest [Notice 2000–46] received September the Committee of the Whole House on the and House Administration, for a period to be 11, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to State of the Union. subsequently determined by the Speaker, in the Committee on Ways and Means. Mr. SMITH of Texas: Committee on the Ju- each case for consideration of such provi- 10049. A letter from the Chief, Regulations diciary. H.R. 2883. A bill to amend the Immi- sions as fall within the jurisdiction of the Unit, Internal Revenue Service, transmitting gration and Nationality Act to confer United committee concerned.

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\L14SE7.000 pfrm04 PsN: H14PT1 September 14, 2000 CONGRESSIONAL RECORD — HOUSE H7651

By Mr. OXLEY (for himself, Mr. BOEH- MINGE, Mr. SANDLIN, Mr. PHELPS, and for other purposes; to the Committee on LERT, Mr. HOLDEN, Mr. CRAMER, Mr. Mrs. TAUSCHER, Mr. SISISKY, Mr. Commerce, and in addition to the Committee BLILEY, Mr. STENHOLM, Mr. SHIMKUS, HOLDEN, Mr. TAYLOR of Mississippi, on the Judiciary, for a period to be subse- Mr. LIPINSKI, Mr. GREENWOOD, Mr. Ms. DANNER, Ms. SANCHEZ, Mr. quently determined by the Speaker, in each CONDIT, Mr. SHERWOOD, Mr. BARCIA, THOMPSON of California, Mr. BOYD, case for consideration of such provisions as and Mr. UPTON): and Mr. LUCAS of Kentucky): fall within the jurisdiction of the committee H.R. 5175. A bill to provide relief to small H.R. 5184. A bill to amend the Internal Rev- concerned. businesses from liability under the Com- enue Code of 1986 to provide tax incentives to By Mr. WEYGAND: prehensive Environmental Response, Com- encourage small business health plans, and H.R. 5191. A bill to provide for the con- pensation, and Liability Act of 1980; to the for other purposes; to the Committee on vening of a White House Conference on Committee on Commerce, and in addition to Ways and Means, and in addition to the Com- United States Energy Policy to develop a na- the Committee on Transportation and Infra- mittee on Commerce, for a period to be sub- tional energy policy; to the Committee on structure, for a period to be subsequently de- sequently determined by the Speaker, in Commerce. termined by the Speaker, in each case for each case for consideration of such provi- By Mr. WEYGAND: consideration of such provisions as fall with- sions as fall within the jurisdiction of the in the jurisdiction of the committee con- committee concerned. H.R. 5192. A bill to amend titles XIX and cerned. By Mr. PETERSON of Minnesota (for XXI of the Social Security Act to improve By Mr. BILBRAY: himself, Mr. QUINN, Mr. PHELPS, Mr. the coverage of needy children under the H.R. 5176. A bill to amend the Internal Rev- HOUGHTON, Mr. CROWLEY, Mr. UPTON, State Children’s Health Insurance Program enue Code of 1986 to provide incentives to in- Mr. BOEHLERT, Mr. ABERCROMBIE, Mr. (SCHIP) and the Medicaid Program; to the troduce new technologies to reduce energy WU, Mr. LARSON, Mr. SHERMAN, Mr. Committee on Commerce. consumption in buildings; to the Committee LAFALCE, Mr. CAPUANO, and Mr. By Mr. ISTOOK (for himself and Mr. on Ways and Means. LAMPSON): PALLONE): By Mr. GEKAS: H.R. 5185. A bill to amend the National H.R. 5177. A bill to establish the Adminis- H. Con. Res. 400. Concurrent resolution Labor Relations Act to give employers and congratulating the Republic of Hungary on trative Law Judge Conference of the United performers in the live performing arts, rights States, and for other purposes; to the Com- the millennium of its foundation as a state; given by section 8(e) of such Act to employ- mittee on the Judiciary. to the Committee on International Rela- ers and employees in similarly situated in- By Mr. BALLENGER (for himself and tions. dustries, to give such employers and per- Mr. OWENS): By Mr. GEJDENSON (for himself, Mr. H.R. 5178. A bill to require changes in the formers the same rights given by section 8(f) GILMAN, Mr. ROHRABACHER, Mr. LAN- bloodborne pathogens standard in effect of such Act to employers and employees in TOS, Mr. BROWN of Ohio, Mr. BERMAN, under the Occupational Safety and Health the construction industry, and for other pur- Mr. HOLDEN, Mr. DEUTSCH, Mr. SES- Act of 1970; to the Committee on Education poses; to the Committee on Education and SIONS, Mr. MCNULTY, Mr. SHERMAN, and the Workforce. the Workforce. Mr. DIAZ-BALART, Mr. ANDREWS, Mr. By Mr. LANTOS (for himself, Mr. By Mr. PICKERING (for himself and BLILEY, Mr. SOUDER, Mrs. LOWEY, Mr. MCGOVERN, Mr. BRADY of Pennsyl- Mr. JOHN): WEXLER, Mr. SCHAFFER, Mr. WU, Mr. H.R. 5186. A bill to amend the Public vania, Mr. FRANK of Massachusetts, CAMPBELL, Mr. DOOLITTLE, Ms. Health Service Act to establish scholarship Mr. MOAKLEY, Mrs. NAPOLITANO, Mr. PELOSI, and Mr. BILIRAKIS): and loan repayment programs regarding the FILNER, Mr. GUTIERREZ, and Ms. provision of veterinary services in veteri- H. Con. Res. 401. Concurrent resolution ex- MILLENDER-MCDONALD): pressing the sense of the Congress regarding H.R. 5179. A bill to amend the Fair Labor narian shortage areas; to the Committee on Commerce, and in addition to the Committee high-level visits by Taiwanese officials to Standards Act of 1938 to limit the number of the United States; to the Committee on overtime hours of licensed health care em- on Agriculture, for a period to be subse- quently determined by the Speaker, in each International Relations. ployees; to the Committee on Education and By Mr. KUYKENDALL (for himself, the Workforce. case for consideration of such provisions as Mr. CUNNINGHAM, Mr. HANSEN, Mr. By Mr. BASS (for himself, Mr. FRANKS fall within the jurisdiction of the committee ABERCROMBIE, Mr. MURTHA, Mr. of New Jersey, Mr. HORN, Mrs. concerned. DOYLE, Mr. LARSON, Mr. BALDACCI, MORELLA, and Mr. BEREUTER): By Mr. POMEROY: Mr. CROWLEY, Mr. GREEN of Texas, H.R. 5180. A bill to amend the Individuals H.R. 5187. A bill to amend the Federal In- Mr. FOSSELLA, Mr. NORWOOD, Mr. with Disabilities Education Act to provide secticide, Fungicide, and Rodenticide Act to WATKINS, Mr. THOMAS, Mr. OSE, Mr. full funding for assistance for education of permit a State to register a Canadian pes- all children with disabilities; to the Com- ticide for distribution and use within that CONDIT, Mr. TAYLOR of Mississippi, mittee on Education and the Workforce. State; to the Committee on Agriculture. Mr. SISISKY, and Mr. SKELTON): By Mr. BOSWELL: By Mrs. THURMAN: H. Con. Res. 402. Concurrent resolution rec- H.R. 5181. A bill to amend the Internal Rev- H.R. 5188. A bill to amend the Missing Chil- ognizing the importance of the Selective enue Code of 1986 to allow individuals a re- dren’s Assistance Act to extend the applica- Service System on the occasion of the 60th fundable credit against income tax for the bility of such Act to individuals determined anniversary of the United States’ first peace- purchase of computer software that filters to have a mental capacity less than 18 years time military registration effort and the child pornography and material that is vio- of age; to the Committee on Education and continued need for American men to register lent, obscene, or harmful to minors; to the the Workforce. for possible service in the Armed Forces; to Committee on Ways and Means. By Mr. UDALL of Colorado (for him- the Committee on Armed Services. By Mr. GUTIERREZ (for himself, Ms. self, Mr. WHITFIELD, Mr. STRICKLAND, By Mr. HALL of Ohio (for himself, Mr. MCKINNEY, Mr. JACKSON of Illinois, Mr. GIBBONS, Mr. KANJORSKI, Mr. GILMAN, Mr. GEJDENSON, Mr. SMITH of Mr. PAYNE, Mr. COSTELLO, Mr. DUNCAN, Ms. KAPTUR, Mr. WAMP, Mr. New Jersey, and Mr. LANTOS): KLINK, Mr. JENKINS, Ms. BERKLEY, PHELPS, Mr. GONZALEZ, Mr. OWENS, H. Res. 577. A resolution to honor the Mr. GORDON, Mr. CLEMENT, Mr. HALL Mr. RUSH, Mr. DAVIS of Illinois, Mr. United Nations High Commissioner for Refu- of Ohio, Mr. LUCAS of Kentucky, Mr. MARTINEZ, Mr. LIPINSKI, Mr. FILNER, gees (UNHCR) for its role as a protector of Mrs. CHRISTENSEN, Ms. MILLENDER- PHELPS, and Mr. BROWN of Ohio): H.R. 5189. A bill to provide for the payment the world’s refugees, to celebrate UNHCR’s MCDONALD, Mr. HILLIARD, Ms. JACK- 50th anniversary, and to praise the High SON-LEE of Texas, Mr. NADLER, Mr. of compensation for certain individuals em- ployed in connection with Federal nuclear Commissioner Sadako Ogata for her work MEEKS of New York, Ms. CARSON, Mr. with UNHCR for the past ten years; to the BROWN of Ohio, Ms. LEE, Mr. weapons programs who sustained occupa- tional illness in the line of duty, and for Committee on International Relations. KUCINICH, Mr. ABERCROMBIE, and Mr. By Mr. SCHAFFER (for himself, Mr. BLAGOJEVICH): other purposes; to the Committee on the Ju- BARR of Georgia, Mr. DEMINT, Mr. H.R. 5182. A bill to protect day laborers diciary, and in addition to the Committees GREEN of Wisconsin, Mr. GARY MIL- from unfair labor practices; to the Com- on Education and the Workforce, and Ways LER of California, Mr. PAUL, Mr. mittee on Education and the Workforce. and Means, for a period to be subsequently TANCREDO, Mr. RYUN of Kansas, Mr. By Mr. LAMPSON (for himself, Ms. determined by the Speaker, in each case for MCINTYRE, Mr. BUYER, Mr. LARGENT, JACKSON-LEE of Texas, and Mr. consideration of such provisions as fall with- Mr. SOUDER, and Mrs. WILSON): CRAMER): in the jurisdiction of the committee con- H.R. 5183. A bill to authorize the National cerned. H. Res. 578. A resolution congratulating Aeronautics and Space Administration to By Mr. WEXLER: home educators and home schooled students lease, jointly-develop, or otherwise use a H.R. 5190. A bill to amend title 18, United across the Nation for their ongoing contribu- commercially provided inflatable habitation States Code, to impose criminal and civil tions to education and for the role they play module for the International Space Station; penalties for false statements and failure to in promoting and ensuring a brighter, to the Committee on Science. file reports concerning defects in foreign stronger future for this Nation, and for other By Mr. MOORE (for himself, Mr. STEN- motor vehicle products, and to require the purposes; to the Committee on Education HOLM, Mr. BERRY, Mr. TANNER, Mr. timely provision of notice of such defects, and the Workforce.

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\L14SE7.100 pfrm04 PsN: H14PT1 H7652 CONGRESSIONAL RECORD — HOUSE September 14, 2000 ADDITIONAL SPONSORS Mr. BONIOR, Mr. SANDLIN, Mr. MCINTYRE, Mr. KAPTUR, Mr. KENNEDY of Rhode Island, Mr. EDWARDS, Ms. ROYBAL-ALLARD, Mr. SKELTON, KIND, Ms. LEE, Mr. LEWIS of California, Ms. Under clause 7 of rule XII, sponsors Mr. GUTIERREZ, Ms. BROWN of Florida, and LOFGREN, Mr. MATSUI, Mrs. MEEK of Florida, were added to public bills and resolu- Mr. INSLEE. Mr. MENENDEZ, Ms. MILLENDER-MCDONALD, tions as follows: H.R. 4025: Mr. GILCHREST, Mr. STUMP, and Mr. GEORGE MILLER of California, Mrs. H.R. 284: Mr. CONDIT, Mr. GUTKNECHT, Mr. Mr. SOUDER. NAPOLITANO, Mr. ORTIZ, Mr. OXLEY, Mr. PAS- MCCOLLUM, Mr. HOUGHTON, Mr. STUPAK, and H.R. 4041: Mr. HOLT. TOR, Ms. PELOSI, Mr. PETERSON of Minnesota, Mr. ABERCROMBIE. H.R. 4042: Mr. HOLT. Mr. REYES, Ms. ROYBAL-ALLARD, Mr. SABO, H.R. 303: Mr. BOEHLERT. H.R. 4046: Mr. GILMAN, Ms. LOFGREN, and Mr. ´ SHERMAN, Mr. SHOWS, and Ms. H.R. 453: Mr. NEY and Mr. DELAHUNT. Mr. WEINER. VELAZQUEZ. H.R. 531: Ms. BALDWIN. H.R. 4144: Ms. CARSON. H.R. 4927: Ms. BERKLEY. H.R. 568: Ms. VELAZQUEZ. H.R. 4215: Mr. BACHUS. H.R. 4935: Mr. SANDERS and Mr. STUPAK. H.R. 583: Mr. RYUN of Kansas. H.R. 4219: Mr. FRANKS of New Jersey, Mr. H.R. 4949: Ms. DELAURO and Mr. BONIOR. H.R. 776: Mr. FRANK of Massachusetts. SMITH of New Jersey, and Mr. MCINNIS. H.R. 4966: Mr. HOEFFEL, Mr. MORAN of Vir- H.R. 804: Mr. HOBSON. H.R. 4257: Mr. ENGLISH, Mr. SANDLIN, and ginia, and Mr. ANDREWS. H.R. 827: Mr. BORSKI. Mr. MCINNIS. H.R. 4972: Mr. BOEHNER. H.R. 842: Mr. BUYER. H.R. 4277: Mr. ALLEN, Mr. UPTON, Mr. JEN- H.R. 4976: Mr. KNOLLENBERG, Mr. SWEENEY, H.R. 1032: Mr. BOEHLERT. KINS, Mr. DIAZ-BALART, Mr. DEAL of Georgia, Mr. TIAHRT, Mr. KOLBE, Ms. DELAURO, Ms. H.R. 1044: Mr. SANDLIN. Mr. KIND, Mr. INSLEE, and Mr. SHERWOOD. BALDWIN, Mr. BILIRAKIS, Mr. GONZALEZ, Mr. H.R. 1168: Mr. CHAMBLISS. H.R. 4278: Mr. BOYD. KASICH, Mr. MCCRERY, and Mr. LARSON. H.R. 1300: Mr. BARR of Georgia. H.R. 4302: Mrs. LOWEY. H.R. 5035: Mr. LIPINSKI. H.R. 1577: Mr. GOODLATTE. H.R. 4324: Mr. SIMPSON and Mr. HILL of H.R. 5051: Mr. MINGE. H.R. 1592: Mr. LAMPSON. Montana. H.R. 5074: Mr. FORBES and Mr. WELDON of H.R. 1671: Mr. BOEHLERT, Mr. LOBIONDO, H.R. 4328: Mr. BACA, Ms. BALDWIN, and Mr. Pennsylvania. Mr. BARRETT of Nebraska, and Ms. LOFGREN. HORN. H.R. 5109: Mr. HILLEARY, Mr. ISAKSON, Mr. H.R. 1841: Mr. DAVIS of Florida. H.R. 4330: Mr. BEREUTER, Mr. SMITH of New GALLEGLY, and Mr. RODRIGUEZ. H.R. 2003: Mr. SHAYS. Jersey, and Mr. MCNULTY. H.R. 5118: Mr. LOBIONDO. H.R. 2066: Mr. BENTSEN. H.R. 4375: Mrs. LOWEY. H.R. 5153: Mr. RAMSTAD. H.R. 2166: Mr. SABO, Mr. FLETCHER, Mr. H.R. 4393: Ms. GRANGER, Mr. GREEN of Wis- H.R. 5163: Mr. BARTON of Texas, Mrs. LARSON, Mr. LATOURETTE, Mr. KUCINICH, Mr. consin, and Mr. BARTON of Texas. MYRICK, Mr. SANDLIN, Mr. MCNULTY, Mr. BE- GONZALEZ, Mr. KOLBE, Mr. BRADY of Pennsyl- H.R. 4395: Mr. MALONEY of Connecticut. REUTER, Mr. LEWIS of Kentucky, and Mr. vania, Mr. BLUMENAUER, Mr. PASTOR, Ms. H.R. 4428: Mr. MCGOVERN and Mr. GREEN of PHELPS. CARSON, Mr. KILDEE, Mr. MASCARA, and Ms. Texas. H.R. 5164: Mr. DINGELL. MCCARTHY of Missouri. H.R. 4495: Mr. STUMP, Mr. PASCRELL, Ms. H.J. Res. 47: Mr. EDWARDS. H.R. 2308: Mr. LEVIN and Mr. CAMP. DANNER, Mr. PRICE of North Carolina, and H.J. Res. 60: Mr. BILBRAY. H.R. 2341: Mr. HILLEARY, Mr. BORSKI, Mr. Ms. HOOLEY of Oregon. H.J. Res. 64: Mr. SHAYS. MOORE, Mr. SIMPSON, Mr. MCCOLLUM, Mr. BE- H.R. 4543: Mr. WAMP and Mr. SPRATT. H.J. Res. 100: Mr. STUPAK and Mr. KIND. REUTER, Mr. WAMP, Mr. WICKER, Ms. ROS- H.R. 4547: Mr. EHLERS, Mr. MILLER of Flor- H. Con. Res. 58: Mr. MEEHAN. LEHTINEN, Mr. SKEEN, Mr. BOSWELL, and Mr. ida, and Mr. SANDLIN. H. Con. Res. 271: Mr. TIERNEY. BACHUS. H.R. 4548: Mr. JENKINS, Mr. OSE, and Mr. H. Con. Res. 273: Mr. MCHUGH. H.R. 2420: Mr. ACKERMAN, Mr. LEWIS of GARY MILLER of California. H. Con. Res. 306: Mr. SABO, Mr. DAVIS of California, Mr. CROWLEY, Mr. BERRY, and Mr. H.R. 4552: Mr. GREEN of Wisconsin. Florida, Mr. SERRANO, Ms. BALDWIN, Mr. TANCREDO. H.R. 4624: Mr. BISHOP, Mrs. MALONEY of LEVIN, Ms. LOFGREN, and Mr. SCARBOROUGH. H.R. 2492: Mr. QUINN. New York, Mr. NADLER, Mr. TOWNS, and Mr. H. Con. Res. 311: Mr. HOSTETTLER. H.R. 2631: Ms. BERKLEY. SERRANO. H. Con. Res. 337: Mr. INSLEE. H.R. 2706: Mrs. MALONEY of New York. H.R. 4649: Mr. NADLER, Mr. MALONEY of H. Con. Res. 346: Ms. EDDIE BERNICE JOHN- H.R. 2710: Ms. PRYCE of Ohio, Mr. OXLEY, Connecticut, and Ms. DANNER. SON of Texas. Mr. MCGOVERN, Mr. NETHERCUTT, and Mr. H.R. 4723: Mrs. JOHNSON of Connecticut and H. Con. Res. 364: Mr. WOLF, Mr. GORDON, SHAYS. Mr. FOSSELLA. Ms. PRYCE of Ohio, Mr. NORWOOD, Mr. H.R. 2720: Mr. FRELINGHUYSEN. H.R. 4728: Mr. BARTLETT of Maryland, Mrs. DEFAZIO, Mr. FORBES, Mr. BLUMENAUER, Mr. H.R. 2780: Mr. BILBRAY and Mr. HAYWORTH. CLAYTON, Mr. CUNNINGHAM, Mr. PETERSON of TERRY, Mr. STENHOLM, Mr. LEWIS of Ken- H.R. 2867: Mr. HALL of Texas. Pennsylvania, Ms. DUNN, Mr. THOMPSON of tucky, Mr. CAMP, Mrs. MINK of Hawaii, Mr. H.R. 2870: Mr. BISHOP, Mr. SERRANO, and Mississippi, Mr. RODRIGUEZ, and Mr. GON- SANFORD, and Mr. HOSTETTLER. Ms. RIVERS. ZALEZ. H. Con. Res. 382: Mr. WOLF. H.R. 2907: Ms. PELOSI. H.R. 4773: Mr. PICKETT. H. Con. Res. 390: Mr. CAMPBELL, Mr. BRADY H.R. 3161: Mr. OLVER and Mr. MORAN of Vir- H.R. 4780: Mr. PRICE of North Carolina, Mr. of Texas, Mr. HUTCHINSON, Mr. BARTON of ginia. ETHERIDGE, Mr. CANADY of Florida, and Mr. Texas, Mr. SANDLIN, Mr. FROST, Mr. FRANK H.R. 3219: Mr. BARR of Georgia. HUTCHINSON. of Massachusetts, and Mr. SISISKY. H.R. 3327: Mr. WU. H.R. 4792: Mr. TIERNEY. H. Res. 213: Mr. LUCAS of Oklahoma. H.R. 3408: Mr. MCCRERY, Mr. LAHOOD, and H.R. 4794: Mr. HOEFFEL. H. Res. 347: Mr. FRANKS of New Jersey, Mr. Mr. HOSTETTLER. H.R. 4825: Mr. CAMP, Mrs. LOWEY, Mr. BOS- MCGOVERN, and Mr. HOLT. H.R. 3633: Mr. PETERSON of Pennsylvania WELL, Mr. RYUN of Kansas, Mr. MCHUGH, Mr. H. Res. 537: Mr. KLECZKA, Mr. BOYD, Mr. and Ms. MCKINNEY. BEREUTER, Mr. COSTELLO, and Mr. SHIMKUS. EVANS, and Mr. MENENDEZ. H.R. 3700: Mrs. THURMAN. H.R. 4841: Mr. BEREUTER. H.R. 3710: Mrs. JOHNSON of Connecticut, H.R. 4898: Mr. MATSUI, Mr. FROST, and Mr. f Mr. BORSKI, Mr. LIPINSKI, and Mr. DAVIS of SANDLIN. Florida. H.R. 4902: Mr. HALL of Texas. DELETIONS OF SPONSORS FROM H.R. 3766: Mr. REYES, Mr. RANGEL, and Mr. H.R. 4926: Mr. BARCIA, Mr. BECERRA, Mr. PUBLIC BILLS AND RESOLUTIONS MCINTYRE. BISHOP, Mr. BONIOR, Mr. CLEMENT, Mr. CROW- Under clause 7 of rule XII, sponsors H.R. 3842: Mr. GEORGE MILLER of Cali- LEY, Mr. FORBES, Mr. GONZALEZ, Mr. GUTIER- fornia, Mr. CLYBURN, Mr. SMITH of New Jer- REZ, Mr. HILL of Indiana, Mr. HINOJOSA, Mr. were deleted from public bills and reso- sey, Ms. RIVERS, Ms. PELOSI, Mr. METCALF, HOYER, Mr. JACKSON of Illinois, Ms. JACKSON- lutions as follows: Mr. BASS, Mr. NETHERCUTT, Ms. DELAURO, LEE of Texas, Mr. JEFFERSON, Mr. JOHN, Ms. H.R. 654: Mr. LAFALCE.

VerDate 11-MAY-2000 01:47 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.044 pfrm04 PsN: H14PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, THURSDAY, SEPTEMBER 14, 2000 No. 108 Senate The Senate met at 11 a.m. and was RECOGNITION OF THE ACTING making the trek to Washington. Under called to order by the President pro MAJORITY LEADER the able tutelage of our resident Chap- tempore [Mr. THURMOND]. The PRESIDING OFFICER (Mr. lain, Dr. Lloyd Ogilvie, I know he has The PRESIDENT pro tempore. To- ALLARD). The Senator from Nebraska. learned much this morning. day’s prayer will be offered by our Mr. HAGEL. I thank the Chair. Mr. REID. Mr. President, will my guest Chaplain, Father Damian f friend from Nebraska yield for a mo- Zuerlein, Our Lady of Guadalupe, ment? FATHER DAMIAN ZUERLEIN Omaha, NE. Mr. HAGEL. Yes. Mr. HAGEL. Mr. President, first, be- PRAYER fore we get on to today’s schedule, I Mr. REID. I think it is appropriate to wish to commend my friend, the guest say in front of the good priest that peo- The guest Chaplain, Father Damian ple in Nebraska are well served by the Zuerlein, offered the following prayer: Chaplain, this morning. Father Damian is extended best wishes and thanks two Senators who come from Nebraska. In the presence of the God who called from this body. Father Damian and I I am sure he is very proud of the work the universe into being we pray: share a few things in common. One is Senator HAGEL and Senator KERREY God of infinite wisdom and constant we graduated from the same high perform for Nebraska in the Senate. compassion, we call on Your Spirit to school just a few years apart—actually, Mr. HAGEL. I thank the Senator. As open our hearts to hear You. We know Mr. President, many years apart. Fa- a matter of fact, as the Senator knows, that You always accompany us no mat- ther Damian had the unenviable task there was a little reception and party ter where our journeys lead. For You of trying to redefine the standards that for my distinguished senior colleague, are the God not only of this moment; my brothers and I debased at St. Senator KERREY of Nebraska, last You are the God of forever. Today may Bonaventure High School and Scotus night. Father Damian was able to par- Your love grace the Members of the High School in Columbus, NE—not an ticipate and extend his long arm of jus- United States Senate, their staffs, and easy task but one that he achieved tice and spiritual guidance over that all who work with them. with great dignity and success. gathering, even in the midst of some O God, may they help complete the We are very proud of Father Damian bandits who attended. The real coup de work You have begun in our country. for many reasons. He is pastor of two grace of last night’s event was the dis- May a spirit of mercy, wisdom, and Catholic parishes in Omaha—St. Agnes tinguished senior Senator from New gentleness flow through them that will and Our Lady of Guadalupe in south York toasting our colleague, Senator bring healing where there is hurt, Omaha. KERREY—an old Navy toast. I observed peace where there is violence, justice Mr. President, you know a little bit that I never believed that serving in where there is alienation, hope where about ethnic areas, coming from Colo- the Navy was a particular virtue, but there is despair, and beginnings where rado. Father Damian has done as much nonetheless he was toasted with the there are dead ends. to bring the Hispanic community of Senator’s eloquent remarks. Waken in them, O God, gratitude for Nebraska—indeed, middle America—to- Your gifts, mystery in the mundane, gether as any one individual I have I thank the Senator. welcome for strangers, love for every known in the last few years, and he has living thing, praise for You. May they done it with remarkable ability, with f always walk with God, live in God, and common sense and truth. People re- remain with God this day and forever. spect him not just because he wears SCHEDULE Amen. the Lord’s uniform but because he has done it the right way; he brings respect Mr. HAGEL. Mr. President, today the and dignity to all whom he touches; he Senate will resume consideration of f conveys that as he deals with people. H.R. 4444, the China PNTR legislation. We are very proud of what he has been Under a previous agreement, there are PLEDGE OF ALLEGIANCE able to accomplish in our community 10 amendments remaining for debate. The Honorable WAYNE ALLARD, a and across the Midwest, aside from Those Senators who have amendments Senator from the State of Colorado, led being nationally recognized for his on the list are encouraged to work with the Pledge of Allegiance as follows: achievements with many recognitions the bill managers on a time to com- I pledge allegiance to the Flag of the and honors. We are very proud to have plete debate on their amendments. United States of America, and to the Repub- him among us this morning. Senators can expect votes on amend- lic for which it stands, one nation under God, And again, on a personal note, it is ments to occur throughout today’s ses- indivisible, with liberty and justice for all. wonderful to see Father Damian after sion. Also, under the agreement, there

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

S8535

.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8536 CONGRESSIONAL RECORD — SENATE September 14, 2000 are up to 6 hours of general debate re- leges during the consideration of H.R. body by bringing some deeper focus on maining on the bill. It is hoped that ac- 4444. an issue which affects, in the most inti- tion can be completed on this impor- The PRESIDING OFFICER. Without mate way, tens of millions of our citi- tant trade bill by late this week or objection, it is so ordered. zens. I hope I can contribute to this by early next week. Mr. REID. Mr. President, I further a series of floor statements on different I thank my colleagues for their at- ask unanimous consent that 30 minutes aspects of this important national tention. of the time controlled by the Demo- issue of prescription medication, espe- f cratic leader, Senator DASCHLE, with cially for older Americans. respect to this legislation be under the Older Americans often must take RESERVATION OF LEADER TIME control of the Senator from Iowa, Mr. their medicine on a daily basis. It is The PRESIDING OFFICER (Mr. HARKIN; further, that the additional 10 important that the Senate also get a ALLARD). Under the previous order, the minutes of morning business time be daily dose of reality of life for those leadership time is reserved. designated to be controlled by the Sen- older Americans. I invite my col- ator from Florida, Mr. GRAHAM, that leagues with similar or differing per- f that be done this morning; and fol- spectives to join me so we can have a TO AUTHORIZE EXTENSION OF lowing Senator GRAHAM, Senator KEN- daily discussion on this important NONDISCRIMINATORY TREAT- NEDY be recognized for up to 10 min- issue. I am pleased today to be joined MENT TO THE PEOPLE’S REPUB- utes. by my colleague, Senator KENNEDY, LIC OF CHINA The PRESIDING OFFICER. Is there and invite others to join. The PRESIDING OFFICER. Under objection? We have before the Senate the oppor- the previous order, the Senate will now The Chair hears none, and it is so or- tunity to achieve a broadly shared ob- resume consideration of H.R. 4444, dered. jective—reforming Medicare. Many of which the clerk will report. Mr. HAGEL addressed the Chair. my colleagues have discussed Medicare The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- reform in the context of administrative ator from Nebraska. changes and organizational restruc- A bill (H.R. 4444) to authorize the exten- sion of nondiscriminatory treatment (nor- Mr. HAGEL. May I ask unanimous turing. While there is certainly merit mal trade relations treatment) to the Peo- consent that after Senator KENNEDY, to that discussion, I believe the most ple’s Republic of China, and to establish a Senator CRAIG would be allowed to fundamental reform that must be made framework for relations between the United speak for up to 10 minutes. to the Medicare program is changing States and the People’s Republic of China. The PRESIDING OFFICER. Is there Medicare from a program that is based Pending: objection? on acute care, illness, treatment after Wellstone amendment No. 4118, to require Mr. HOLLINGS. Wait a minute, Mr. the fact, and to move it to a program that the President certify to Congress that President. I was told to be here at 11 that emphasizes prevention, wellness, the People’s Republic of China has taken cer- o’clock. We have these amendments. and the maintenance of the quality of tain actions with respect to ensuring human We are trying to give everybody 10 life. That is the fundamental reform we rights protection. minutes here or there, so I am starting, must make in Medicare. Wellstone amendment No. 4121, to instead of 11 o’clock, I guess we are To accomplish this shift we must strengthen the rights of workers to asso- going to 11:30, quarter to 12, and we are first recognize that the face of health ciate, organize and strike. trying to get through these amend- care has changed dramatically since Smith (of N.H.) amendment No. 4129, to re- quire that the Congressional-Executive Com- ments. I am trying to move to the the inception of Medicare in 1965. Thir- mission monitor the cooperation of the Peo- State-Justice-Commerce appropria- ty-five years ago, America’s health ple’s Republic of China with respect to POW/ tions bill. care system was almost wholly react- MIA issues, improvement in the areas of So what is the disposition here? What ing. Patients sought help from chronic forced abortions, slave labor, and organ har- do the managers of the bill wish? conditions that flared up, or waited to vesting (divisions 1 thru 5). The PRESIDING OFFICER. There see a doctor when acute conditions hit Hollings amendment No. 4134, to direct the was an order that each leader have 10 or if they had a serious accident. Their Securities and Exchange Commission to re- minutes for morning business. That care was typically delivered in hos- quire corporations to disclose foreign invest- ment-related information in 10–K reports. was ordered from last night. pitals. Medicare responded to this Hollings amendment No. 4135, to authorize Mr. HOLLINGS. Very well. acute care, hospital-based health care and request the President to report to the Mr. REID. Mr. President, if I could system. Congress annually beginning in January, say to my friend from South Carolina, The fundamental reason the program 2001, on the balance of trade with China for the schedule has been delayed this was structured as such was based on cereals (wheat, corn, and rice) and soybeans, morning, of course, because of the the fact that most Americans lived and to direct the President to eliminate any speech by the Prime Minister of India, only a few years after they reached re- deficit. and we got started much later than we tirement. As we know from our col- Hollings amendment No. 4136, to authorize league, Senator MOYNIHAN, the original and request the President to report to the anticipated. Senator GRAHAM has been Congress annually, beginning in January, seeking an opportunity for quite some rationale for 65 as the basis of retire- 2001, on the balance of trade with China for time to be able to speak on an issue ment was the fact that date was set in advanced technology products, and direct that is very important to him, as has Europe at the end of the 19th century the President to eliminate any deficit. Senator KENNEDY. So the time agree- when the average life expectancy of a Hollings amendment No. 4137, to condition ments will just have to start when we European male was only 62. There was eligibility for risk insurance provided by te finish the morning business. a high degree of cynicism in the selec- Export-Import Bank or the Overseas Private The PRESIDING OFFICER. The Sen- tion of that date. That date has contin- Investment Corporation on certain certifi- ued to be an important part of our cul- cations. ator from Florida. Mr. GRAHAM. I thank the Chair. ture. Only a few decades ago the aver- Mr. REID addressed the Chair. f age American could only expect 7 years The PRESIDING OFFICER. The Sen- of life expectancy after they reached ator from Nevada. PRESCRIPTION MEDICATION 65. Today the average American has al- AMENDMENTS NOS. 4118 AND 4121, WITHDRAWN Mr. GRAHAM. Mr. President, pre- most 20 years of life expectancy after Mr. REID. In an effort to expedite scription medication is one of the most they reach the age of 65, and by the end this legislation, I ask unanimous con- significant issues before the family of of this century an American can expect sent that amendments Nos. 4118 and America. Unfortunately, the family is almost 30 years of life expectancy after 4121 be withdrawn. hearing most of this through 30-second attaining the age of 65. The PRESIDING OFFICER. Without television ads. These ads tend to be We must reform Medicare to assure objection, it is so ordered. long on rhetoric and short on sub- that today’s seniors can spend that gift Mr. REID. Mr. President, I ask unan- stance. of years living healthy, productive imous consent that Russ Holland, a fel- I hope the Senate can serve its na- lives. This can be done if we make an low in my office, be granted floor privi- tional purpose as a great deliberative investment in prevention care, which

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8537 includes screening, early intervention, Sadly, this is not a joke. The list of lies of this country, and they make and the management of the conditions diseases that were once fatal and are sound economic sense. I certainly agree which are detected through those early now preventable is long and growing. with the Senator that along with pre- interventions. Years ago, people with high cholesterol ventive care, we ought to understand The Medicare program should treat could almost count on developing heart the importance of prescription drugs. I illness before it happens. New preven- disease. Today, cholesterol levels can think what he has outlined today is tive screening and counseling benefits be kept in check with a number of enormously important for us to con- of the Medicare program give us that drugs. One of those is Lipitor, a widely sider. opportunity. The U.S. Preventive Serv- prescribed drug for high cholesterol. I will take a few moments to move ices Task Force and the Institute of This drug has an average yearly cost of beyond this very excellent presentation Medicine have recommended to the nearly $700. As with many other near- into what the challenge is for all of us Congress that we add new preventive miracle drugs, Lipitor is too expensive in the Congress over these next 5 screening and benefits to the Medicare for many seniors. Yet Medicare, the weeks. There is time, I believe, to take program. These benefits will address Nation’s commitment to take care of action on a good prescription drug pro- some of the most prominent underlying its elderly and disabled, does not cover gram. We have, now, two different sys- risk factors for illness that face all Lipitor or most other outpatient drugs. tems which have been offered to the Medicare benificiaries. These include Medicare will, however, pay for the American people. The first is the pro- coverage for medical nutrition therapy surgery after the heart attack which posal that was advanced initially by for seniors with diabetes, cardio- that man is likely to have because he President Clinton and is now enhanced vascular disease or renal disease, was unable to treat his condition while by Vice President GORE. The proposal screening for hypertension, counseling it was still subject to management. has been changed—not really dramati- for tobacco cessation, screening for That policy may have made sense in cally—but I think it has been more glaucoma, counseling for hormone re- 1965 when the man would only live a carefully attuned to the needs of Medi- placement therapy, screening for vision few years after retirement. Are we pre- care enrollees than the alternative and hearing, expanded screening and pared in the year 2000 to tell an Amer- which has been presented by Governor counseling for osteoporosis, and screen- ican who reaches 65 and has an average Bush. I hope even in the short time that re- ing for cholesterol. of almost 20 years of life expectancy mains—when we conclude the action on In addition to adding to our current that we are going to treat them only trade issues we still have more than 3 relatively short list of preventive ef- after they have a heart attack; that is weeks of Senate time—I hope we can forts within Medicare, we need to the point when we are going to provide still take action on a minimum wage. change the basic structure of how access to the means of managing a Every Member of this body knows that Medicare goes about determining when health condition? issue well. We know what is before us. a new preventive methodology is both I will soon address the critical link We ought to take action on the Pa- medically appropriate and cost effec- between prescription medications and tients’ Bill of Rights. We have a bipar- tive. Today we rely upon the conven- preventive medicine. Prevention and tisan effort to try to do that. There tional congressional process to add new prescription drugs are a key to a mod- have been some suggestions and rec- prevention methodologies. What I be- ern health care system for our Nation’s ommendations in order to accommo- lieve we should do is to establish a sci- seniors. This Senate should contribute entific nonpartisan basis to arrive at date some of those who voted against to delivering that key, and do it now. this previously. We now, hopefully, will these determinations. I suggest we as- f sign this responsibility to the Institute gain support for those proposals. Finally, and very importantly, the of Medicine and direct that institute SENATE AGENDA other remaining issue which is of vital conduct ongoing studies of prevention Mr. KENNEDY. Mr. President, I yield importance to seniors is a prescription methodologies to assess their scientific myself 8 minutes. drug program. Let me mention quickly validity and economic cost effective- First of all, I commend my friend and some of the concerns I have about this ness. When they make such a deter- colleague from Florida on an excellent program and some of the advantages presentation and one that commends mination, they should submit it to that I believe are in the Vice Presi- itself to the common sense of all of us Congress, and Congress, using a fast- dent’s program. track process, as we typically do in in the Senate. The Vice President’s program is built trade matters, would make a deter- The fact is the Medicare program was upon Medicare. We have heard on the mination either to accept or reject but built upon the existing programs in floor of the Senate the Medicare sys- not to modify those recommendations 1965. Since that time, we have discov- tem is a one-size-fits-all program. The made by a scientific panel. I believe ered the importance of preventive fact is that seniors understand Medi- that approach would assure us that we health care—how important it is in care. They support Medicare. They un- would be providing to our older citizens keeping people healthy and how impor- derstand there have to be some changes the most modern scientifically tested tant it is for actually saving Medicare in the Medicare program but, nonethe- means of maintaining a high standard funds over a long period of time. The less, it is a tried, tested process and it of living. Senator from Florida has indicated a is one which offers the necessary flexi- It is critical that we assure Medicare pathway we might follow to deal seri- bility. beneficiaries, both present and future, ously with these issues. We should not What has been proposed by the Vice those most appropriate health care have to explain to this body that for President is a prescription drug pro- possibilities. By making preventive every $1 we spend for immunizations, gram that goes into effect a year from care the cornerstone of Medicare re- we save $8 to $9 by preventing disease. now, and is gradually phased in over a form, we can do just that. I admire and am a strong supporter period of time. The seniors of this This discussion of a new Medicare, a of the administration’s series of rec- country would have a benefit for pre- Medicare focused on wellness, reminds ommendations for preventive care. The scription drugs a year from now. I me of an anecdote. A man walks into Senator from Florida has outlined a think that is very important and one of the doctor’s office and the doctor says: process and system where we can fi- the most compelling parts of the Vice I have both good news and bad news. nally take action on these rec- President’s program. The good news is that because we have ommendations. The alternative is the proposal of- done a screening process we have de- The bottom line is the Budget Com- fered by Governor Bush. I read here tected your disease early and we have mittee doesn’t take into consideration from the Governor’s own proposal. It the opportunity to prescribe the medi- the savings from preventive care so says in his proposal that effectively it cines and other medical treatments to this body has been extremely slow in will be a block grant program that will stop its spread and reverse its adverse enacting these programs. But these in effect ensure low-income seniors do effect on your health. The bad news is preventive measures make a great deal not have to wait for overall reform. you cannot afford the medicine to do of sense. They make sense for ensuring Our seniors ought to have some this. good quality health care for the fami- pause, because he is talking about

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8538 CONGRESSIONAL RECORD — SENATE September 14, 2000 overall reform of the Medicare system. that there is not going to be a sizable marketplace. That is the kind of pro- That ought to bring some pause. We do deductible in that program. The size of gram we are talking about offering not really know what overall reform is. the deductible is a mystery. them. I think most seniors would say: We Under the Vice President’s program, I cannot imagine we would want an- have confidence in the Medicare sys- we can give assurance today that when other federalized health care program tem. We want a program that will get the program goes into effect, as part of where the Government tells the senior the benefits to us quickly. the Medicare program, whatever that community of our country what kind He says that low-income people will senior citizen needs, if the doctor pre- of prescription drug they will get and not have to wait for the overall reform. scribes it, that senior citizen will get where they will get it. We are not sure what that really it. Those are very real differences that I means. To have your prescription drugs Those who are opposed to Vice Presi- am afraid were avoided in the com- covered, Governor Bush will establish dent GORE’s program, who support the ments this morning. the immediate helping hand which will Governor’s proposal, cannot make that f provide $48 billion to States for 4 years claim. They cannot tell us what the FALN CLEMENCY to deal with low income seniors. So it premiums are going to be over a period will be 4 years before 27 million seniors of time because they are not spelled Mr. CRAIG. Mr. President, I came to will be able to participate because out, at least in the papers that have the floor to talk about a significant there are 27 million seniors who do not been made available. date in this Nation’s fight against ter- fall within Governor Bush’s definition The only thing that we know—which rorism. This week marks the Clinton- of those who need an immediate help- causes many of us a great deal of con- Gore administration’s decision to jeop- ing hand. Those 27 million seniors will cern—is that after 4 years, after overall ardize American lives by surrendering wait 4 years—and then wait for the reform of the Medicare system, then to one of the most violent terrorist overall Medicare reform. The Vice there will be a program for prescription groups ever to operate on this coun- President’s plan goes into effect 1 year drugs. That is a long time to wait. try’s soil. from now. That is a very long time to wait. What One year ago this week, President Second—and I think enormously im- I have found in my State is that people Clinton opened the jailhouse doors for portant—is what we call the guaran- want a prescription drug program and 11 members of a terrorist group known teed benefit. This is very simple. A they need it now. as the FALN, which is dedicated to the guaranteed benefit means the doctor The PRESIDING OFFICER. The Sen- violent pursuit of Puerto Rican inde- will make the decision on your pre- ator’s 8 minutes have expired. pendence. The FALN has claimed re- scription drug needs. When seniors go Mr. KENNEDY. Mr. President, the sponsibility for some 130 bombings at in—whatever their condition, whatever final points I want to make are that 70 civilian, political, and military sites in their disease, whatever their problem— percent of Medicare beneficiaries, more the United States. In all, the group the doctor makes the recommendation than 27 million seniors, will not even murdered six Americans and maimed, as to what prescription drug is needed. be eligible for Governor Bush’s imme- often permanently, 84 others, including That is fundamental. That is the guar- diate helping hand program. law enforcement officers. anteed benefit. Finally, the nation’s Governors have On one occasion, members attacked a That is not true with regard to the already rejected the block grant ap- Navy bus in Puerto Rico killing two Governor’s proposal. It will be the proach. Republican and Democratic sailors and wounding nine others. As a HMO that the individual is enrolled in Governors have said: This will be a result, 16 members of this violent ter- that will decide. We will find that the massive administrative nightmare for rorist group were convicted of dozens HMO will make the decision about our States; we do not want the respon- of felonies against the United States, what prescription drugs are covered— sibility even if it is going to be funded. and as soon as these 16 were in prison, whether it will be the only drug on the We can understand that. the bombings stopped. HMO’s formulary, or whether other We have an important opportunity to I note that these violent terrorists kinds of prescription drugs will be per- make a difference for our seniors with were convicted of at least 36 counts of mitted to be used. a good prescription drug program. violating Federal firearms control That is interesting, is it not, Mr. Let’s reach across the aisle. Let’s join laws. So at the same time the Clinton- President? Most seniors want the doc- forces. Let’s try to get the job done be- Gore administration was demanding tor to make the recommendation. This fore we recess. The opportunity is more gun control—and we have heard underlies the basic difference between there. We are willing to do that, but we it for hours and hours on end on the our two parties on the prescription need to have a response from the other floor of the Senate and certainly the drug issue. side and a willingness of the Repub- White House has spoken openly for gun We are for the Patients’ Bill of lican leadership to try to get the job control over the last number of years— Rights so doctors are allowed to make done. not only were they failing to enforce health care decisions. We want to make I yield the floor. current gun laws already on the books, sure that doctors are going to make de- The PRESIDING OFFICER. The Sen- but when those laws are enforced, they cisions about prescription drugs rather ator’s time has expired. The Senator brush aside felony convictions as a po- than turning this right over to the from Idaho has 10 minutes. litical favor to their friends. HMO. Mr. CRAIG. Mr. President, while I Mr. INHOFE. Mr. President, will the Finally, what is being established came to the floor to speak on another Senator yield? under the Gore proposal is very clear. issue, before I do that, I want to re- Mr. CRAIG. Mr. President, I yield to The government and the Medicare ben- spond to the remarks of the Senator the Senator from Oklahoma for a mo- eficiary will have a shared responsi- from Massachusetts. ment to speak specifically about how bility in paying for prescription drugs. There is a very real difference be- this administration has mishandled the There will not be any deductibles. tween what Vice President GORE is gun control laws of our Nation. There will be a premium, and half of talking about and Gov. George Bush is Mr. INHOFE. Mr. President, I will the premium will be paid for by the talking about. Senator KENNEDY has ef- add to my friend’s thoughtful analysis. Federal Government. fectively outlined it today. Senator This is yet another example of the Under the Bush proposal, we do not KENNEDY said let the Government run President’s apparent lack of concern know what the HMO is going to charge. your health care; let the Government for the rule of law. All year long, the There is no prohibition against a de- make your choices; let the Government administration has berated the Repub- ductible and we do not know what the control the process. lican majority for not doing enough on copayments will be. We have no idea The seniors of America do want controlling gun violence. Yet at the what the premium will be. The Gov- choice. They want the same kind of same time, by releasing these terror- ernor says the government will pay 25 health program Senator KENNEDY has ists, he has set aside 36 specific Federal percent of whatever the premium is, and this Senator has. They want firearms convictions pertaining to: but there is no assurance to seniors choice, and they want flexibility in the Possessing an unregistered firearm;

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8539 Possession of firearms during the One year later, what do we have? Mr. President, may I ask how much commission of seditious conspiracy; Eleven violent terrorists at large on time I have remaining? Transport of firearms with intent to our streets; two more to be released The PRESIDING OFFICER. The Sen- commit seditious conspiracy; this coming year. True, there have not ator’s time has expired. Possession of firearm without a se- been any killings that we can link to Mr. CRAIG. Mr. President, I yield the rial number; the terrorists since that time, but they floor. Conspiracy to make destructive de- are loose on the streets of America f vices. demonstrating at least that this Presi- TO AUTHORIZE EXTENSION OF Let there be no mistake, these were dent has violated a cardinal rule in our NONDISCRIMINATORY TREAT- not people merely exercising their first country: the United States does not MENT TO THE PEOPLE’S REPUB- amendment right of freedom of speech. make concessions to terrorists. LIC OF CHINA—Continued They are responsible for the deaths of For that action, one year ago today, six Americans and the injury of at Democrats and Republicans stood on The PRESIDING OFFICER. The Sen- least 84 others. this floor and condemned this deplor- ate is on H.R. 4444. The time is under One has to wonder why the adminis- able act. Interestingly, when I began to control. tration will not simply enforce existing look into this, I saw that AL GORE’s Who yields time? law. The record shows the Clinton-Gore running mate Senator JOE LIEBERMAN Mr. HOLLINGS. Controlled time? administration has not enforced Fed- stood up to the President and con- The PRESIDING OFFICER. Six hours eral gun laws, and more disturbing, demned his actions. Even the First evenly divided. they have conveniently forgotten the Lady stood up to the President and AMENDMENT NO. 4134 law if it suits their political ends. I be- condemned his actions. Just about the Mr. HOLLINGS. Mr. President, I call lieve the President’s efforts for these only politician in Washington who has up amendment No. 4134. terrorists were just that. yet to stand up to Bill Clinton is Vice The PRESIDING OFFICER. There is Mr. CRAIG. Mr. President, I thank President AL GORE. 1 hour on this amendment equally di- my colleague from Oklahoma. He so As Vice President of the United vided. clearly spells out the frustration Amer- States, AL GORE could have intervened. Mr. HOLLINGS. Mr. President, I icans have when we are going to be He could have talked to the President, have tried, in my feeble ability here tough against terrorism and then see a said that this is madness to let terror- over the years, to get the Senate to President offering clemency. ists loose after they have been con- pay attention to the lack of a competi- In 1982, the FALN detonated four victed, to shred gun control laws. But tive trade policy. I had hoped on this powerful bombs in New York’s finan- AL GORE did not lift a finger to protect PNTR, permanent normal trade rela- cial district and demanded better the FALN’s next victims. All he said tions, with China that we might have a treatment for 11 of their jailed com- was, quote: good debate with respect to our trade rades and members. One year ago this I’m not going to stand in judgment of his policy—whether or not the American week, President Clinton freed 8 of decision. people approve of it and whether there those 11, shredding the longstanding Not going to stand in judgment? are some adjustments that should be policy of the United States of not When a madman killed 168 people in a made. Meanwhile our trade deficit goes granting concessions to terrorists. single bombing in Oklahoma City, AL up, up, and away. Any reasonable American has to ask, GORE said, and I quote: I was a Senator here in the early Why would the President do it? What is [T]o those of you who doubt our resolve in 1980s when we had a positive balance of he doing setting violent terrorists free America, listen closely. If you plot terror or trade. I remember when it reached a to once again roam the streets of act on those designs, within our borders or $100 billion deficit in the balance of America? None of these terrorists con- without, against American citizens, we will trade; and there were all kinds of head- tested the evidence brought against hunt you down and stop you cold. line articles back in the 1980s, that— them at trial. None of these terrorists I guess what he is saying is: Bomb in- Chicken Little—the sky was going to apologized to their victims. In fact, at nocent Americans, and AL GORE will fall, and everything else like that. least one of the freed terrorists stated stop you cold. But if you use small Now we have been numbed. It has that he felt no remorse whatsoever for bombs, and you only kill a few Ameri- gone to $100, $200, $300 billion, and it his crimes. None of these terrorists cans, and you fit our political needs, approximates to a $400 billion deficit in were ever asked to be let out of prison. then we will release you. the balance of trade. They don’t even The FBI asked the President not to do Mr. Vice President, maybe it is time discuss it in the Presidential campaign. it. The Federal Bureau of Prisons you stand up and clarify for America And they absolutely refuse to discuss it asked the President not to do it. what you really believe. in the world’s most deliberative body. Had he bothered to ask the victims of Mr. Vice President, how hard is it to They refuse to deliberate. the FALN and their families, they say: ‘‘Violent terrorists belong in jail’’? They bring a fixed bill to the floor. would have begged him not to do it. He How hard is it to say: ‘‘I will not re- And it is terribly tough to talk to a did it anyway, and we are not quite ward terrorism’’? How hard is it to tell fixed jury. But that is the way it is. sure why. the American people: ‘‘I will not re- The jury is fixed. The legislation is Internal White House documents tell lease violent terrorists from prison for fixed. There are no amendments. We us, ‘‘The Vice President’s Puerto Rican political gain’’? send this to the President. position would be helped,’’ clearly dem- AL GORE is going to be in Manhattan The National Chamber of Commerce, onstrating an impulse to jeopardize today. I hope he will visit the corner of the Business Roundtable, the Con- public safety for political gain. Polit- Pearl and Broad Streets where Bill ference Board and the National Asso- ical gain by setting terrorists loose. Newhall was maimed, and where Frank ciation of Manufacturers are con- A former political adviser to Presi- Connor, Alex Berger, Harold tinuing their export of the industrial dent Clinton put it this way: Sherburne, and Jim Gezork lost their backbone of this Nation. Obviously, Anyone who doesn’t believe the timing, lives to an FALN bomb. Perhaps that they make a bigger profit. They could and the likely substance of [President Clin- will help AL GORE make up his mind. care less about the country. ton’s] decision was linked to the [First Or perhaps AL GORE should ask his In fact, years back, the chairman of Lady’s] courtship of New York’s large Puerto running mate, Senator JOE LIEBERMAN, the board of Caterpillar said: We are Rican [community] is too naive for politics. how to stand up to Bill Clinton. Maybe not an American company, we are If there is one thing this administra- Senator LIEBERMAN could convince his international. tion has accomplished in its 8 years, it running mate to stand up for the rights Not long ago, earlier this year, the is to shatter my naivete or my trust of innocent Americans against those head of Boeing said: Oh no, we are not that when the President stands up and who perpetrate violence. Maybe then a United States company, we are an speaks, that there is not some political AL GORE can prevent the President international company. or clandestine motive behind his very from putting more American lives in And the best of the best, Jack Welch actions. jeopardy. of GE says: We are not going to buy

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8540 CONGRESSIONAL RECORD — SENATE September 14, 2000 from our suppliers unless they send He was lecturing the Third World, the quired, and they have the audacity to those jobs down to Mexico. emerging nations, and said for them to stand in the well and say NAFTA There is a good, wonderful Business become a nation-state, they had to de- worked. Week article about that—we are lim- velop a manufacturing capacity. Some- They told us at the time of the ited in time or I would read it—but what afterward, pointing at me, he NAFTA vote it was going to create that is exactly what he said. Unless his said: By the way, Senator, that world jobs; 200,000 is the figure they used. The subcontractors went to Mexico, he was power that loses its manufacturing ca- Chamber of Commerce, the NAM, Busi- going to do business with those who pacity will cease to be a world power. ness Roundtable, the Secretary of Com- had gone. So we are in one heck of a The security of the United States is merce, the President of the United fix. like a three-legged stool. The one leg, States: We are going to create 200,000 They do not understand trade. Free of course, is our values. We are re- jobs. trade is, of course, an oxymoron. Trade spected the world around for our com- We have lost 440,000 textile jobs alone is an exchange for something. It is not mitment to freedom and human rights. since NAFTA. I don’t know how many to give something for nothing. It is not The second leg, obviously, is the mili- jobs they have lost up in New Hamp- aid. But we have been treating foreign tary, the superpower. But the third shire, but I am confident I can go over trade—free trade—as foreign aid. economic leg has been fractured over to the Department of Labor and find They just ipso facto in those polls: the past 50 years, as we have made a out. Jobs are our greatest export. Ex- Are you for free trade? very successful attempt to conquer port, export, from those who have Oh, I am for free trade, obviously. communism with capitalism. We sent Obviously, they are trying to say: I never really been in trade—I practiced over the Marshall Plan. We sent over am for trade without restrictions and customs law—they keep hollering, ex- the technology. We sent over the exper- barriers. port, export. The biggest export we But mind you me, we are all for tise. But we rolled over with respect to have is our jobs. world peace, but we do not disband the actually enforcing any kind of trade I am not against China. I am against Pentagon. As the father of the country policy. us. That is who I am trying to awaken said: The best way to preserve the I testified, some 40 years ago, before with these amendments, trying to en- peace is to prepare for war. the old International Tariff Commis- gage in a debate so we can learn from The best way to obtain free trade is sion. Tom Dewey ran me around the a country with a $350- to $400 billion not to roll over, as we have for the past room. The argument was: Governor, trade deficit, costing 1 percent of our 50 years, and plead and cry and moan what do you expect these emerging GNP. They keep saying: Watch out, and groan: fair, fair, fair, fair. countries, coming out of the ruins of that dollar is going to have to be de- Whoever heard of anybody in busi- the war, what do you expect them to valued. You watch it, when that hap- ness being fair? In America, business, make? Let them and the Third World pens, interest rates go up. Then they unfortunately, is solely for profit. Do countries, let them make the shoes and will all be whining around here. not give us any of these ‘‘fairness doc- the clothing, and we will make the air- I remember the little $5 billion we trines’’ of the board of directors of cor- planes and the computers. put in some 25 years ago—we were try- porate America. You have to be able to Now I stand on the floor, and our ing to create jobs—$5 billion for the raise a barrier in order to remove a global competition, they make the highways, just to advance highway barrier. You have to compete. All we shoes. They make the clothing. They construction, just to create jobs. Five need is a competitive trade policy. make the airplanes. They make the billion? We have lost billions of dollars In that light, let me say at the out- computers. They make it all. And we just this last month, way more than $5 set, I am not against China. All of are going out of business. billion in jobs; I can tell you that. these amendments have been very good And as we go out of business, they The idea is, as President Lincoln ones with respect to the human rights say this particular initiative, PNTR, is said, and there is no quote more appro- in China, with respect to weapons of good for business. It is good for their priate: mass destruction, with China not keep- profit, but not, in the long run, good The dogmas of the quiet past are inad- ing its commitments, and so forth. for business, no. They have to have em- equate to the stormy present. The occasion Why should they keep their commit- ployees. And don’t worry about the is piled high with difficulty, and we must ments? Japan never has. Come on. productivity of the U.S. industrial rise with the occasion. As our case is new, so Korea knows that. China learns. Mon- worker. We have been for 30-some years we must think anew and act anew. We must key see, monkey do. They said: All you now rated not only by the Bureau of disenthrall ourselves, and then we shall save have to do is puff and blow. We’ll get Labor Statistics but by the inter- our country. together. And America—the United national economic section of the That was in his annual message to States—will roll over. United Nations as having the most pro- the Congress back in December of 1862. So don’t come around here berating ductive industrial worker in the entire We must disenthrall ourselves. We China. Buy yourself a mirror and look world. must act anew, think anew, disenthrall in it. It is the Senate. Article 1, section They are working harder and harder ourselves, and try to save us, the great 8, of the Constitution says: The Con- and longer hours and are getting paid Yankee trader from New Hampshire, gress shall regulate foreign com- less than they are in Germany, paid and all of those other Northeastern merce—not the President, not the Su- less than they are in Japan and several States. We had all this agriculture preme Court, not the Special Trade other countries. The U.S. industrial down South, and we believed in all that Representative, but the Congress of the worker is not overpaid, and he is not international trade. That was the Civil United States. And although the Trade underworked. He works more hours War. That famous Yankee trader has Representative is running around try- than any other industrial worker. rolled over now, and he has gone over- ing to forge new agreements that con- Here we are, in the Senate, blabbing, seas. tradict our laws, even those, if they are be fair, whining, be fair, be fair. We We are definitely not against China. I to take the force and effect of law, continue to heap on the cost of doing could talk at length about their human have to be in the form of a treaty rati- business—Social Security, Medicare, rights policy. Their first human right fied by this Senate. Medicaid, minimum wage, safe working is to feed 1.3 billion. The second is to So we are way out of kilter and act- place, safe machinery, plant closing house 1.3 billion. The third is to edu- ing with total disregard. We have gone, notice, parental leave. You can go cate 1.3 billion. The fourth is one man, from the end of World War II, from 41 right on down the list of all of these one vote. But, of course, the politicians percent of our workforce in manufac- things we think up, and we, on a bipar- are running around on the floor of the turing down to 12 percent. The Depart- tisan basis, support them all. That goes Congress: We want one man, one vote. ment of Commerce just reported this into the cost of doing business. So You travel there. I was there in 1976 last month of August, we lost 69,000 since NAFTA, 38,700 jobs have left the and 1986 and 1996. You go there and you manufacturing jobs. little State of South Carolina and gone see the progress towards capitalism. I will never forget the exchange with down to Mexico where none of those I am for continued trade. I have of- the former head of Sony up in Chicago. conditions I just mentioned are re- fered to cut out the ‘‘permanent’’ so I

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8541 could continue this dialog with my col- As another centrist Democrat, the late goods export growth to the world. Exports to leagues on the floor to try to get some- Senator Paul Tsongas, said in his speech at Mexico alone increased by 30 percent during thing going of a competitive nature. the 1992 Democratic Convention, ‘‘You can- the first six months of 2000, and have ac- We certainly don’t go along with not redistribute wealth you never created. counted for nearly one-third of total U.S. Tiananmen Square and everything else You can’t be pro-jobs and anti-business at manufactured goods export growth so far the same time. You cannot love employment this year. such as that, but it works for the Chi- and hate employers.’’ Imports from NAFTA have contributed 28 nese. Suppose you were the head of This year’s Democratic ticket would do percent of manufactures import growth thus China. If you let one demonstration get well to heed these wise words. far this year. The majority was from Canada; out of hand, another one gets out of Mr. HOLLINGS. These workers, he Mexico accounted for only 13 percent. Asia contributed 26 percent of U.S. manu- hand. You have total chaos, with a pop- says, have been duly rewarded. Not at ulation of 1.3 billion. Then nothing gets factured goods export growth in the first half all. He talks about the manufacturing of the year. Two-thirds came from exports to done. So there has to be some kind of pay is less than their competition, that traumatic control; let’s be realistic. the Asian Newly Industrialized Economies they are working long hours. They (NIEs—Hong Kong, South Korea, Singapore Don’t berate them about their environ- haven’t been duly rewarded. What is and Taiwan). Asia, however, supplied 43 per- ment right now. It took us 200 years, the unease, the anxiety that they are cent of U.S. manufactured goods import and we still don’t have these waste talking about? The anxiety they are growth for the first half of the year. dumps cleaned up. We still don’t have talking about is having the job. The Although the European Union (EU) nor- clean air in certain States. Workers’ mally accounts for about 22 percent of U.S. great success of business in creating manufactured goods exports, exports of man- rights, we haven’t gotten all of our good jobs seems to be lost. He should workers’ rights. They don’t have a ufactures to the EU are up only 4 percent so have read the release put out the day right to a job because they are fast dis- far this year, and the EU accounted for an before. anemic 8 percent of U.S. manufactures ex- appearing. That is what it is all about. I ask unanimous consent to have this port growth during the first half of 2000. And it is not against business. NAM report on manufacturing trade Manufactures imports from the EU, on the Jerry Jasinowski, the distinguished ECORD. other hand, were up 16 percent in the first head of the National Association of printed in the R There being no objection, the mate- half of the year, with Germany and the Manufacturers, put an article in yes- United Kingdom accounting for about half. rial was ordered to be printed in the terday’s New York Times, entitled INDUSTRIAL COMPOSITION RECORD, as follows: ‘‘Gore’s War on Business.’’ I ask unani- Durable goods contributed 69 percent of NEW NAM REPORT ON MANUFACTURING TRADE mous consent to print the article in manufactures export growth so far this year. FINDS NAFTA RESPONSIBLE FOR HALF OF the RECORD. The bulk was composed of computers and U.S. EXPORT GROWTH IN 2000 There being no objection, the article electronic products, which have grown by 17 was ordered to be printed in the Washington, D.C., August 29, 2000—The Na- percent through June and alone have been tional Association of Manufacturers today RECORD, as follows: responsible for a third of U.S. manufactures released the first in a new series of quarterly export growth. Forty percent of these ex- [From the New York Times, September 13, reports on manufactured goods exports and 2000] ports went to four markets (Canada, Mexico, imports based on Commerce Department Japan, and South Korea.) GORE’S WAR ON BUSINESS data. Manufactured goods dominate U.S. Durable goods imports constituted 68 per- (By Jerry J. Jasinowski) trade, comprising 90 percent of U.S. mer- cent of manufactures import growth in the I’ve known Al Gore and Joseph Lieberman chandise exports and 85 percent of merchan- first half of 2000. Reflecting strong domestic for years. They are smart, capable men who dise imports. demand for information processing equip- have a pretty good handle on what makes The new data, which analyze detailed U.S. ment (which now makes up 47 percent of our economy tick. But judging from their manufacturing trade by both industry and nonresidential fixed investment), computer comments in recent days, I’m a bit bewil- geographic region, show that NAFTA mem- and electronic product imports rose by 25 dered. In his speeches, Mr. Gore attacked ber countries accounted for an astonishing 54 percent through June and have contributed ‘‘big oil,’’ ‘‘the pharmaceutical companies,’’ percent of total manufactured goods export to 28 percent to the growth in overall manu- ‘‘big polluters’’—in short, corporate America growth for the first half of the year. factured goods imports this year. in general. ‘‘The fact that exports to Canada and Mex- Non-durable manufactures contributed 31 He seems quite willing to play the populist ico are contributing more to export growth percent of export growth through June. Half card even if it distorts the record of corpora- than exports to Asia, Europe and the rest of of non-durable export growth has been in tions, fosters antagonism between company the world combined clearly shows NAFTA is chemicals. About 44 percent of these prod- leadership and workers and encourages the a big plus to U.S. manufacturers, and under- ucts were shipped to the top four export mar- very stereotyping that, on other fronts, the scores the importance of further trade liber- kets (Canada, Mexico, Japan and Belgium). Democratic Party claims to be against. alization to the future vitality of American Non-durables accounted for a third of im- Suddenly business is the enemy. Why, I’m industry’’ said NAM President Jerry port growth through June. The largest prod- not sure, since the Clinton-Gore team takes Jasinowski. uct groups were chemicals, apparel, and pe- such great pains to boast about the economic Manufacturers’ exports to and imports troleum and coal products. achievements of the past eight years, includ- from NAFTA both were up 18 percent over Mr. HOLLINGS. You have to read ing the 22 million new jobs generated by the the first half of 1999, Jasinowski said, noting free enterprise system. Consider the words of that Mexico accounted for most of the U.S. this one line, quoting Jasinowski: Mr. Lieberman in his recent book, ‘‘In Praise export growth, and Canada for the bulk of Of the total $228 billion U.S. merchandise of Public Life’’: ‘‘We New Democrats believe the import growth from NAFTA. trade deficit, so far this year 77 percent has that the booming economy of the 1990’s re- For the first half of 2000, US manufactured been in manufacturing. sulted more from private sector innovation, exports overall are up 12 percent compared That is a deficit in manufacturing. investment and hard work than from govern- to the first six months of 1999, Jasinowski Can you imagine that, Mr. President? ment action.’’ said. ‘‘This is a significant turnaround. This Mr. Lieberman got it right. The men and So the leaders of business and the head time last year, U.S. exports were down by 2 of manufacturing say get rid of the women who make things in America, from percent. At the same time, strong domestic skilled workers on the factory floor to demand is pulling in imports at a rate of manufacturing. He seems to be proud innovators in the company lab, have fueled around 20 percent. This is more than double of it. If I had found that statistic in my these achievements. the pace of last year.’’ research, I would have secured it and And these workers have been duly re- Of the total $228 billion U.S. merchandise stuck it, or deep-sixed it, or whatever warded. Today’s manufacturing jobs provide trade deficit so far this year, 77 percent has an average yearly compensation of $49,000 you call it because you didn’t really been in manufacturing. While the expanding per worker, nearly 17 percent higher than in want to publicize the fact that you are trade deficits in recent years have been due, the private sector overall. losing the manufacturing jobs. But great success of business in creating in part, to a slowdown in economic growth With respect to understanding the good jobs seems to be lost in this campaign. abroad, the trade imbalance in 2000 is fueled primarily by a very robust domestic econ- need to have a competitive trade pol- Mr. Gore and Mr. Lieberman are creating an icy, the President of the United States atmosphere of division between employers omy and a strong dollar. Manufactured goods trade highlights for was up in New York just last week, and and employees at a time when workers and the first half of 2000 include: he had his counterpart from London their employers are partners as never before. The newfound angry populism of the Gore- GEOGRAPHIC TRADE there, Tony Blair. They were talking. Lieberman ticket distorts the true picture of Manufactured goods exports to NAFTA The news reports said Tony Blair was the American economy and fosters resent- rose 18 percent in first half of 2000, account- worried about 1,000 cashmere jobs. ment rather than cooperation. ing for more than half of manufactured Why? Because we were going to put

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8542 CONGRESSIONAL RECORD — SENATE September 14, 2000 some heavy duty tariff on cashmere. the way it does business here. Equally, the ple’s Republic of China. So mark you For what? For bananas. We don’t even FBI and other law enforcement agencies are me, this is not going to do it whatso- produce bananas. Good Lord, have empowered to examine mergers and ensure ever. So my amendment, which ought mercy. That is how far out the leader- that their phone-tapping powers are not to be read simply so we can find out compromised. The privacy issue is addressed ship of this country has gone. We don’t by existing law, which protects phone users who is telling the truth and find out even produce bananas. But Europe is no matte who owns the phone network. The what the imports and exports are and not taking some other country’s ba- Hollings legislation is therefore unnecessary. what the jobs are and where they are nanas, so we go and say we are going to In an ideal world, all phone companies going. Here it is: start a trade war. would be privatized: This would eliminate The Securities and Exchange Commission The Prime Minister is worried about the danger of anti-competitive subsidies shall amend its regulations to require the in- 1,000 jobs, and here I am worried about completely. But existing policy grapples sen- clusion of the following information in 10–K sibly with the real world in which state- at least 800,000 jobs. Tell Tom Donohue reports required to be filed with the commis- owned firms remain part of the landscape: It sion. of the Chamber of Commerce—he says builds in safeguards against abuses while not he is going to create 800,000 jobs. I bet depriving U.S. consumers of the benefits of This is just information. you we will lose that number of jobs foreign investment. VoiceStream, the wire- The number of employees employed by the with this PNTR. He knows it and I less firm that Deutsche Telekom hopes to reporting entity outside the United States know it. They are all begging for jobs, purchase, is itself an illustration of those directly, indirectly, or through a joint ven- benefits. With the help of $2.2 billion from ture or other business arrangement listed by and the President is worried and every- country; the annual dollar volume of exports thing else of that kind, and even the partners in Hong Kong and Finland, it has expanded rapidly, creating more than 8,000 of goods manufactured or produced in the media don’t know what protectionism jobs for American workers and bringing United States by the reporting entity to is. That is what you will soon listen wireless phone and messaging services to 2.5 each country to which it exports; the annual to—protectionism. I hold up my hand million consumers. To preserve that kind of dollar volume of imports of goods manufac- to preserve, protect, and defend the gain, the administration promises to veto tured or produced outside the United States Constitution of the United States. any spending bill containing the Hollings by the reporting entity with each country. I ask unanimous consent that an ar- language. It would be right to do so. So we will find out with these reports ticle entitled, ‘‘Beware Plausible Pro- Mr. HOLLINGS. They said, ‘‘Hol- just exactly where we are and what the tectionists’’ be printed in the RECORD. lings’ crude defense of protectionism.’’ competition is, whether they are in- There being no objection, the article They don’t know what protectionism creasing jobs in the U.S. rather than was ordered to be printed in the is. When you get the Government out decreasing. The opposition to this RERCORD, as follows: of the competition, you do get free cap- amendment is telling everybody to for- [From The Washington Post, Sept. 12, 2000] italistic activity, as Adam Smith said. get about it, it is another one of those BEWARE PLAUSIBLE PROTECTIONISTS Followed on by David Ricardo and his Hollings amendments and we have to Sen. Ernest Hollings of South Carolina is so-called comparative advantage, send it to the President and we have known for his crude defense of textile protec- which said when you put the Govern- other more important business—there tionism, which impoverishes bone-poor ment in, the Government has the right is no more important business than workers in developing countries. But his cur- to print money. The Government cer- what is going on on the floor of the rent efforts at telecom protectionism are tainly is not going to let the industry Senate—10–K reports. more subtle. He has backed a measure that fail. I don’t want to belabor or compound would block government-owned telephone Deutsche Telekom had a bond issued the record itself, but I have in my hand companies from buying American ones, and earlier this year and got $14 billion. the Boeing 10–K report. For example, inserted it into the Commerce, Justice and State Department spending bill. The provi- Their stock has gone from 100 down to Boeing, on its 10–K report, says ‘‘the lo- sion would torpedo the proposed takeover of 40. The fellow brags in the newspaper: I cation and floor areas of the company’s VoiceStream, a fast-growing wireless com- have $100 billion in my back pocket. I principal operating properties as of pany, by Deutsche Telekom, which is 58 per- am going to buy AT&T, MCI, Sprint, or January 1, 2000.’’ I wish you or some- cent owned by the German government. any of them—they are all subject—and body who is really interested could Mr. Hollings points out that U.S. local I want total control. look at that 10–K report. They have phone companies have been restricted from So what he has told you in plain, every little item about the square foot- entering the long distance market until they bold language is that the German Gov- age. opened their own networks to competitors. ernment, which owns Deutsche They know how many employees. He then suggests that government-owned foreign phone companies, which he says Telekom, says: Heads up, I’m coming They know generally how many em- enjoy monopolistic profits in their domestic in to buy your companies and get total ployees they have, but they do not say markets, should likewise be forced to open control. where and what country. up their home territory before being allowed That is a distortion of the free mar- That is all we are asking for—the into the United States. On top of that, the ket. That would be protectionism. I am number of employees; then, the dollar senator suggests that foreign government trying to avoid that and keep the Gov- volume of imports and exports, and ownership of American telephone firms ernment out of the market. I was one from whence. That is all. raises concerns of privacy and national secu- of the leaders in the 1996 act deregu- That is all we are asking for in this rity. Phone companies can eavesdrop on sub- particular amendment so we can get scribers, and (in the case of mobile callers) lating telecommunications. So we got monitor their whereabouts. Should a foreign the U.S. Government out, but certainly that to the Department of Commerce government be allowed to do that? not to put the German Government in. and finally find out. Mr. Hollings has assembled a powerful coa- But here they go writing these edi- Back in the 1970s when we were de- lition in Congress that shudders at this pros- torials about I’m a protectionist. They bating trade, the Department of Com- pect. But the outrage is unwarranted. The have no idea what’s going on. That is merce gave me this figure: 41 percent of automatic link that Mr. Hollings imples be- how far off we have gotten with respect American consumption of manufac- tween government ownership and monopo- to trade. tured goods was from imports. That listic profits is too simple: In Germany, So let’s get to the point. What we do was 20-some years ago. I know that Telekom’s Deutsche rivals have captured two-fifths of the market for long distance is that we trade more. We export more over half of what you and I consume is voice calls and nearly half of the market for to Belgium. We export more to the imported. We are going out of business. international calls. Under pressure from city-state of Singapore than we do to We don’t have a strong nation. High- World Trade Organizations rules and U.S. ne- the People’s Republic of China. We’ve tech is not strengthening whatsoever— gotiators, Germany’s government has been got a good, viable trade partner there. temporary employees and software peo- encouraging telephone competition as well We don’t have any exports. I will get to ple and Internet billionaires, as News- as gradually reducing its stake in Deutsche the technology on another amendment. week wrote about the other day. But Telekom. They said that high-tech is going to do they are not really the automobile Moreover, if Deutsche Telekom or any other firm can be shown to have ‘‘dominant- it. The truth is, high tech doesn’t cre- workers and parts workers or industry carrier benefits’’ in its home market, the ate the jobs. I will put it in one line: workers. We have the so-called ‘‘rust Federal Communications Commission is al- We have a deficit and a balance of belt’’ in the United States. Talk how ready empowered to impose conditions on trade in high technology with the Peo- exports—that is the parts they are still

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8543 making up there and sending down to markets and form a bulwark against at the expense of other foreign compa- Mexico to come back into finished misrepresentations that might mislead nies exporting to the United States. automobiles. The most productive or defraud U.S. investors. They are, in The International Trade Commission’s automobile plant in the world is not fact, one of the bulwarks that make report on China’s accession reflects Detroit. It is down in Mexico at the American capital markets function that fact. Now, it is important to re- Ford plant, according to J.D. Powers. precisely because of their focus on in- member that the ITC’s report on the I have the Bell South 10–K report. As formation that is relevant to a pub- quantitative impact of China’s acces- of December 31, 1999, they employed ap- licly-held company’s predictions of its sion was restricted to the effects of tar- proximately 96,200 individuals; 64,000 economic conditions. iff changes under the bilateral market were employees of the telephone oper- The information that the amendment access agreement with China. It did ation, and 55,000 represented the com- of my friend would require U.S. pub- not even purport to address the quan- munications workers. They have a lot licly-held companies to provide at titative effects of China’s removal of of detailed information. But all we some additional cost is largely irrele- non-tariff barriers on trade in manu- want is the number and which country. vant. For example, what difference factured goods or agricultural prod- That is all we are asking for with re- does it make to the potential purchaser ucts, much less the dramatic opening spect to those employees—their im- of IBM’s stock precisely how many for- of China’s services markets. ports and exports. eign employees it has and where they Nonetheless, what the ITC found was Why did the Boeing machinists lead are employed? Would a single error in that the accession package would lead the parade last December up in Seattle IBM’s 10–K report regarding the num- to an overall improvement in the U.S. at the World Trade Organization? The ber of employees in Botswana affect balance of trade and, where China did premium showcase export industry of the investor’s decision to hold IBM export more to the United States, the United States was leading the pa- stock? How would it benefit the U.S. those gains would come at the expense rade against WTO because their jobs investor to know the precise dollar vol- of other foreign exporters. Given that have gone to China. ume of U.S. Steel’s exports and imports we already know the affect of China’s All you have to do is continue to read of manufactured products listed by accession, is there any real reason to the different articles. product and importing country? Would collect the date required by my friend’s We have one with respect to our the misstatement of U.S. Steel’s im- amendment? And, if we are debating friend Bill Greider, who put out a very ports of semi-finished steel products on the economic impact of China’s acces- interesting article. He wrote when its 10–K report actually mislead inves- sion to the WTO, would there be any President Clinton promoted Boeing air- tors as to the economic condition of reason to collect this date with respect craft sales abroad—boy, that was won- U.S. steel or allow the investor to bet- to every country in which an American derful. He had gotten Boeing. For in- ter evaluate U.S. steel’s economic pros- company either buys components or stance, he did not mention that in ef- pects relative to other issuers of secu- sells its wares? The answer is no. The fect he was championing Mitsubishi, rities on American exchanges? amendment serves no practical pur- Kawasaki, and Fuji, the Japanese Furthermore, SEC rules already re- pose, particularly in the context of this heavies that manufacture a substantial quire IBM or U.S. Steel to provide that debate. Therefore, I oppose the amend- portion of Boeing’ planes; or that Boe- information when relevant to the in- ment and urge my colleagues to do so ing was offloading jobs from Seattle vestor—in other words, where such in- as well. and Wichita to China as part of the formation would affect the bottom I yield the floor to my distinguished deal. line. My point is that my friend’s colleague. There it is. We are exporting our amendment would not materially ad- The PRESIDING OFFICER. The Sen- jobs. vance the interests of U.S. investors, ator from New York. This book is nearly 6 years of age. but would add a potentially costly new Mr. MOYNIHAN. Mr. President, I But let me retain the remainder of reporting requirement on U.S. issuers. have a simple proposition to make, my time. I yield the floor. More fundamentally, to the extent that after discussions with the Treasury De- The PRESIDING OFFICER. The Sen- my friend’s amendment succeeds and partment, which is simply to say the ator from Delaware. we are unable to pass PNTR as a result, amendment is burdensome in the ex- Mr. ROTH. Mr. President, I yield 10 the damage done to the economic pros- treme and would discourage U.S. list- minutes to my distinguished colleague pects of American publicly-held compa- ings. The amendment would place an from Pennsylvania. nies and to the interests of U.S. inves- enormous, costly, and pointless regu- Mr. SPECTER. Mr. President, I tors vastly outweighs any hypothetical latory burden on publicly traded com- thank the distinguished chairman. benefit to investors that would accrue panies in the United States. Firms (The remarks of Mr. SPECTER are lo- from collecting this information on an would be required to list every single cated in today’s RECORD under ‘‘Morn- annual basis. In my view, the number one of their overseas employees as well ing Business.’’) that U.S. investors are most likely to as every single employee of any foreign Mr. ROTH. Mr. President, I yield 10 be interested in is the $13 billion in new company with which they do business. minutes to the Senator from Ten- U.S. exports that are likely to flow They would also be required to cal- nessee. from the ground-breaking agreement culate the total value of all their ex- The PRESIDING OFFICER (Mr. FITZ- negotiated by Ambassador Barshefsky. ports and imports. GERALD). The Senator from Tennessee. That is the number that is likely to af- Such a regulatory burden would be a (The remarks of Mr. FRIST are lo- fect the bottom line in which American nightmare for both such firms planning cated in today’s RECORD under ‘‘Morn- investors are interested. Furthermore, to go public—for most firms planning ing Business.’’) to the extent my friend wants to col- to go public. On the other hand, it The PRESIDING OFFICER. The Sen- lect the date to illustrate that Amer- would not discourage foreign firms ator from Delaware. ican companies are investing abroad from listing in the United States. This Mr. ROTH. Mr. President, I yield my- simply to export back to the United is not a regulation we want to impose self such time as I may use. States, that information is likely al- on American business—startup busi- Mr. ROTH. Mr. President, I rise in ready to be reflected in the investment nesses, small cap businesses. I hope we opposition to the amendment of my and import data that the U.S. Com- will not approve this. distinguished colleague. The 10–K re- merce Department already collects. I yield the floor. ports filed annually with the SEC are But, it is also worth questioning The PRESIDING OFFICER. The Sen- designed to inform investors about the what those numbers are likely to re- ator from South Carolina. operating conditions of publicly-held veal if we do pass PNTR and China does Mr. HOLLINGS. Mr. President, I had corporations offering their securities join the WTO. I have no doubt that the privilege and experience of running for sale on American exchanges. The what they will show is an increase in a corporation myself. In fact, it was be- 10–K reports are expressly designed to U.S. exports to China and, to the ex- fore Manny Cohen was the Commis- inform investors about the prospects of tent that we see an increase in imports sioner of the Securities and Exchange companies turning to U.S. securities from China, that those imports come Commission. At that time, I set a

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8544 CONGRESSIONAL RECORD — SENATE September 14, 2000 record getting approval in 13 days. I Moynihan Roth Specter The PRESIDING OFFICER. Without Murkowski Santorum Stevens know how it works. I know how de- Murray Sarbanes Thomas objection, it is so ordered. tailed it is. That is why I brought up Nickles Schumer Thompson AMENDMENT NO. 4129, DIVISION I Boeing. They even have the square Reed Sessions Thurmond Mr. SMITH of New Hampshire. Mr. footage in different countries. They do Reid Shelby Torricelli President, at this time I now call up di- Robb Smith (NH) Voinovich have the total amount and the number Roberts Smith (OR) Warner vision I of my amendment. of employees. They just break it down Rockefeller Snowe Wyden Mr. President, I ask for the yeas and nays on the amendment. by country. NOT VOTING—4 Exporters and importers have to keep The PRESIDING OFFICER. Is there a Akaka Kerrey sufficient second? books. They have to have the value. Feinstein Lieberman They want to know themselves. I want There appears to be a sufficient sec- The amendment (No. 4134) was re- it reported in their 10–K. It is not at ond. jected. the Department of Commerce. The yeas and nays were ordered. Mr. MOYNIHAN. Mr. President, I The PRESIDING OFFICER. The vote By the way, they say the information move to reconsider the vote. will occur by a rollcall vote. does not affect the bottom line. It most Mr. BENNETT. I move to lay that Mr. SMITH of New Hampshire. Yes. A positively does. You can get your labor motion on the table. rollcall vote on division I and division production costs and manufacture for The motion to lay on the table was IV. 10 percent of the United States cost. agreed to. Mr. President, as you know, last I am not here for stockholders or The PRESIDING OFFICER. The Sen- Thursday, I offered an amendment that against them. I am for stockholders, ator from Utah is recognized. would require the Congressional-Exec- nonstockholders, for the people of the Mr. BENNETT. Mr. President, I was utive Commission, which is created United States, for the Senate, and for wondering if I could make about 5 to 10 under the permanent normal trade re- the Constitution in conducting trade. minutes’ worth of statements on other lations bill on China, to monitor the The PRESIDING OFFICER. The Sen- issues relating to my home State. level of Chinese cooperation on the ator’s time has expired. Mr. MOYNIHAN. Mr. President, we POW/MIA issue and to pass this infor- Mr. HOLLINGS. I thank the distin- would be honored if the distinguished mation to the American people as part guished Chair. Senator from Utah would proceed, as of an annual report that the commis- Mr. ROTH. Mr. President, I yield he will do, and at what length he sion will issue. back the remainder of our time and ask chooses. I have long been an advocate of the for the yeas and nays. Mr. BENNETT. I thank the Senator POW/MIA issue. I believe the U.S. Gov- ernment should make every effort to The PRESIDING OFFICER. Is there a for his courtesy and friendship and the account for any missing American sufficient second? scholarship with which he addresses all servicemen from any of our Nation’s There appears to be a sufficient sec- of these issues. conflicts. I am sure you all agree that ond. I understand the President pro tem- we have a solemn obligation to these The question is on agreeing to pore wishes to make a statement on brave Americans and their families. amendment No. 4134. The clerk will the Boy Scouts first. I ask unanimous There are over 10,000 unaccounted-for call the roll. consent that following his statement I American soldiers, sailors, airmen, and The assistant legislative clerk called be recognized as in morning business marines from Korea, Vietnam, and the the roll. for up to 10 minutes. cold war, not to mention many from Mr. REID. I announce that the Sen- The PRESIDING OFFICER. Without ator from Hawaii (Mr. AKAKA), the Sen- World War II. objection, it is so ordered. The fate of many of these unac- ator from California (Mrs. FEINSTEIN), The PRESIDING OFFICER. The Sen- the Senator from Nebraska (Mr. counted-for Americans, especially from ator from South Carolina is recognized. the Korean war, could be easily clari- KERREY), and the Senator from Con- (The remarks of Mr. THURMOND are fied by the People’s Republic of China. necticut (Mr. LIEBERMAN) are nec- located in today’s RECORD under essarily absent. This is an undisputed fact, that the ‘‘Morning Business.’’) Chinese continue to deny that they I further announce that, if present The PRESIDING OFFICER. The Sen- and voting, the Senator from Cali- have any information that could help ator from Utah is recognized. us account for our missing. fornia (Mrs. FEINSTEIN) would vote Mr. BENNETT. Thank you, Mr. I have been to North Korea and have ‘‘no.’’ President. talked to the North Koreans on this The PRESIDING OFFICER. Are there (The remarks of Mr. BENNETT are lo- issue. I have talked to the Russians. any other Senators in the Chamber de- cated in today’s RECORD under ‘‘Morn- Both the Russians and the North Kore- siring to vote? ing Business.’’) ans indicated to me, in private discus- The result was announced—yeas 6, Mr. MOYNIHAN. Mr. President, see- sions, that the Chinese had volumes of nays 90, as follows: ing no other Senator seeking recogni- information on American servicemen, [Rollcall Vote No. 247 Leg.] tion, I suggest the absence of a especially during the Korean war be- YEAS—6 quorum. cause, as we know, the Chinese were Byrd Helms Mikulski The PRESIDING OFFICER. The heavily involved. They maintained the Feingold Hollings Wellstone clerk will call the roll. camps in Korea during the war. NAYS—90 The legislative clerk proceeded to So all I am asking for in this amend- call the roll. Abraham Craig Hutchinson ment is that we can include this lan- Allard Crapo Hutchison Mr. SMITH of New Hampshire. Mr. guage so the commission can monitor Ashcroft Daschle Inhofe President, I ask unanimous consent and put some pressure on the Chinese Baucus DeWine Inouye that the order for the quorum call be to provide information. It is humani- Bayh Dodd Jeffords Bennett Domenici Johnson rescinded. tarian. It is basic humanitarian infor- Biden Dorgan Kennedy The PRESIDING OFFICER (Mr. mation about our missing service men Bingaman Durbin Kerry VOINOVICH). Without objection, it is so and women. Bond Edwards Kohl ordered. Boxer Enzi Kyl I do not think this is unreasonable. I Breaux Fitzgerald Landrieu Mr. SMITH of New Hampshire. Mr. do not think it is going to delay any- Brownback Frist Lautenberg President, I ask unanimous consent thing. It would simply go back to the Bryan Gorton Leahy that the Senate now consider, in the House. The House would add the Bunning Graham Levin Burns Gramm Lincoln following order, division I of my amendment, and off it goes: We have Campbell Grams Lott amendment, to be followed by division now made a statement to the Chinese Chafee, L. Grassley Lugar IV, and following the use or yielding Communists that we care about our Cleland Gregg Mack back of the time, the amendments be Cochran Hagel McCain American POWs and MIAs. Collins Harkin McConnell laid aside with votes to occur at a time I would be astounded if anyone would Conrad Hatch Miller to be determined by the leader. even consider voting against this

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8545 amendment, drawing the conclusion Why would we not want to say to the Another report, September 1951, title: that somehow it is going to mess up Chinese: Look, here is our own intel- American Prisoners of War, Com- the permanent normal trade relations ligence. We know you held our pris- munist China, CIA. On and on and on. deal. oners in the war. All we want you to do All I am asking my colleagues is to It would take about 5 minutes to get is help us provide answers for their say that that is not acceptable, that we it approved in the House, another 5 loved ones. will give permanent normal trade rela- minutes for the President to take a Yet I regret, sincerely regret, to say tions to China and not ask them to at look at it and sign the bill, and we are that people are going to come down to least help us account for our missing. I moving on and now have some atten- this Senate floor shortly, before the say to those of you who might be skep- tion on it. We have now said to the Chi- end of the afternoon, and they are tical, if you want me to provide you nese Government: Not only do we care going to vote no on this amendment. I these documents in detail, I will pro- about our missing, we want you to help believe so many will vote no that it vide the documents in detail. I can us find some of our MIAs and POWs will fail. The reason they are going to send you to the proper locations in the from those conflicts. give for that vote—and that is what U.S. Government where the classified I would like to share with my col- they are going to tell their constitu- documents, which are far more specific leagues just a small fraction of the in- ents—is: Of course we would like to get than this, will give you even more spe- formation that I have—and, believe me, information on our POWs and MIAs. Of cific information. it is a small fraction. I pored through course we would like to have the Chi- I went to North Korea. I sat down in many intelligence files, and I am only nese cooperate. But we are not willing Pyongyang with the North Korean offi- giving you a smattering of these files. to put it in the permanent normal cials several years ago, the first Amer- But I can tell you, the Chinese deny trade relations because—you know ican Senator to visit North Korea. I any information, when, in fact, our what?—we might make them angry, talked to the North Koreans about own intelligence community has vol- and we will not be able to sell them those camps that were run during the umes of information to the contrary, corn and wheat. war. They showed me photographs of that they could answer about what That is what we are saying. Maybe the Communist Chinese guards who happened to our POWs and MIAs, espe- we can look our veterans in the eye guarded those troops, our troops, our cially from the camps in North Korea, and the families of these people in the prisoners, American prisoners, during at the end of the war. But it is pre- eye and say: That’s all right. But it is the war. They know what happened to cisely the type of information I am not all right with me. My conscience those people. They can provide us in- going to share with you that makes it will be clear. I know how I am voting formation. Why is that asking so all the more important that we say to on this amendment. I would appreciate much—to say we want to monitor this the Chinese: You have to cooperate the consideration of my colleagues. It to say to the Chinese, every time is not asking very much to send this with us on this humanitarian issue. PNTR comes up for discussion, we For example, there are numerous de- back to the House with this one want you to help us find answers? amendment that says we care. classified CIA intelligence reports from I wrote a letter to the Chinese Gov- It is interesting; there are many ernment on this and got a blunt re- the 1950s that indicate the Chinese groups who oppose permanent normal sponse: We don’t have any information. have knowledge about American POWs trade relations with China. But I will We are not going to share any informa- from that war—numerous, numerous tell you, the veterans groups oppose it. tion with you. declassified intelligence reports, and What does that tell you? The American We know that is not true. Yet why many classified that we cannot talk Legion opposes it. Many veterans should they give us information if we about here. groups oppose it. They are the ones say to them, you don’t have to give us I did this the other day when I of- who made the sacrifice. I guarantee information because we are going to fered the amendment. I believe I put you, the families of these individuals these in the RECORD yesterday. I will who are missing would sure love to see give you what you want, which is trade check that. If I did not, I will enter this language put in this bill. and credibility and recognition on the them. But I believe they are in the I could go on and on. I will not cite international plain? RECORD. many, but here is another one: ‘‘U.S. This is just basic human rights— Here is a good example of one. This is Prisoners of War in Communist China, basic. Senator HELMS and others, Sen- a Central Intelligence Agency Informa- 11 Aug. 1951.’’ It is a CIA report. This is ator WELLSTONE and others, have of- tion report dated in May of 1951. So we one of just thousands that we have fered amendments, over and over were at the height of the Korean war in had—classified and unclassified—just again, about human rights violations— May of 1951. The subject matter is: like this. all defeated, including mine. We talked ‘‘American Prisoners of War in Can- On 2 August fifty-two US prisoners of war about abuse in orphanages. We talked ton,’’ China. Some of the information from Korea, who had been held in the Baptist about forced abortions, women forced is blacked out because of sources and church . . . to have abortions at 9 months—all ig- methods. Even today, 40 years later, it And they name the location— nored, all voted down—all in the name is still blacked out. But, again, it is a left Canton by train for [another location] of profit, all in the name of saying we reference to prisoners of war held by under guard.... don’t want to risk antagonizing the the Chinese in the Korean war. This is very detailed stuff. This is not Chinese. We don’t want to take a few If the Chinese held prisoners, clearly just somebody who makes a general minutes to have this on the other side, they would know what happened to the statement. These are specific eye- to go back over to the House where prisoners or at least could share some witness sightings of prisoners being they might have to add an amendment information on the records they main- moved around in China during the war to send it to the President. That is the tained in the camps. and who never returned. reason for this. Here is another one: 27 June 1951, an- I am not maintaining that these peo- As you can imagine, it is difficult to other intelligence report right here, en- ple are alive. It would be nice if they investigate reports that are 50 years titled, ‘‘Subject: American Prisoners of were, but I am not maintaining that. old. That is exactly why we need the War in South China.’’ I will just cite a But clearly, the Chinese, if they would Chinese to cooperate. You look at a re- couple of paragraphs from it: sit down with us with these documents, port such as this; it goes back 50 years. A staff member of the State Security Bu- we could talk to them, and we could We need the people on the ground. We reau in Seoul [Korea] on 12 February stated trace this information. We could talk need the Communist Chinese ar- that all American prisoners of war were sent to the people in these provinces, and chives—not classified top secret Chi- to camps . . . maybe we could get some information. nese secrets, that is not what we want. And then they list several cities in Perhaps where were these prisoners We want basic humanitarian informa- Manchuria where they were put to hard buried? How were they killed? What tion. They could give it to us, a lot of labor in mines and factories. kinds of information do we have on it. And probably we could clarify the So that is another CIA intelligence them? Are there personal effects, any- fate of hundreds, perhaps even thou- report. thing like that? sands, of American POWs and MIAs.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8546 CONGRESSIONAL RECORD — SENATE September 14, 2000 I will give one example. On my last war to the Vietnam war, it seems to this amendment asks is that we mon- trip to Russia, we were able to access me highly likely that many of these itor these regulations so we can find some archives. The Russians were very Chinese troops would be knowledgeable out what kind of progress is being cooperative. They provided 10,000 docu- about the fate of some 2,000 Americans made on these issues. ments that helped us to identify flyers, still unaccounted for from the Vietnam Over the past 30 years, we have heard American pilots, who were lost in the war. It also impacts the Vietnam war. a steady stream of arguments that Korean conflict because the Russians— It also impacts the cold war. strong environmental protections are Soviets then—flew aircraft; they actu- I am personally opposed to PNTR. I necessary, and that punitive sanctions ally saw the shootdowns. They made will vote against it. But it certainly are indispensable, because corporations notations about the tail number of the would be nice if those who are going to will sacrifice the long-term public in- aircraft, how many pilots, did the pilot vote for it, since I know it is going to terest in preserving the environment parachute out, did the plane go down in pass, would be willing to at least have for the sake of short-term profits. flames—very personal, firsthand ac- this basic noncontroversial amendment For the past 8 years, the Clinton ad- counts, very helpful; 10,000 documents. which would help to account for miss- ministration has added its voice to These documents will help us to be ing Americans. that stream. The administration has able to go to the families of these men Let me tell you what else it would consistently told us that the American and be able to say to them, this is what do. It would provide a lot of solace to business community cannot be trusted happened to your husband or your fa- American families who for 50 years to deal with the environment in a re- ther, your brother, whomever, as best have waited for some word about their sponsible manner unless two conditions we know based on the testimony of the loved ones. Yet Senators don’t want to are met: First, we must have strong en- Russians. vote for this amendment because to vironmental laws on the books. Sec- The Russians, to their credit, are vote for it means it might have to go ond, we must ensure that those laws being cooperative. Why can’t we ask to conference. They don’t want to are vigorously enforced—that indi- the Chinese to do this? Why is that short-circuit the legislative process. vidual firms can and will be aggres- asking too much? This is the thing Did anybody ask these folks before sively sanctioned whenever they stray that disturbs me so much, that just they went off to war whether they from what those laws allow. basic humanitarian issues are thrown cared about short-circuiting the legis- To be sure, the Clinton administra- aside in the name of somehow taking a lative process? They went. They tion has told us that economic progress little more time. What is another day, served. They were lost. They deserve can neatly coexist with environmental if we are going to give the Chinese per- this amendment. They earned this protection—that swords can be turned manent trade status? What is another amendment. into plowshares without ruining the day to include this kind of language? My amendment would merely expand land to be tilled. But the administra- Secretary Cohen, to his credit, at my the scope of the commission in the per- tion has not suggested that we should request raised this issue with the Chi- manent normal trade relations bill to exempt any business or State from nese during his recent visit to China include the monitoring of Chinese co- compliance with Federal law. this last summer. Once again, the Chi- operation on the POW/MIA issue. It is Today, we have chance to implement nese simply brushed it aside. They about as noncontroversial as anything those principles. I offer today an said: we don’t have any information— we could do. Not only should we vote amendment to H.R. 4444 that would re- when in fact our intelligence files and for this amendment, we have an obliga- quire the Commission established by our own information flat out knows tion to vote for this amendment. Any- the bill to report on the progress of and says the opposite. thing less than that is wrong. You can China in the implementation of laws But let’s not forget what the real rest assured that the 10,000 missing designed to protect human health, and issue is here. The Chinese stand to Americans from the Vietnam and Ko- to protect, restore, and preserve the make billions from trade with the rean wars didn’t fight so that the Sen- environment. United States. Shame on us if we fail ate could short-circuit the legislative Let me tell you why we need that to demand that in return for those bil- process. That is not what they fought amendment: lions, we ask for basic humanitarian for. Ask the families what they fought China’s environmental record to date information on our servicemen. Shame for. I have a father who died in the Sec- is grim: on us. ond World War. I know what my family It has been said that China is home All we can do is call this to the at- suffered. to half of the world’s 10 most polluted tention of our colleagues. I can’t make I know what it is like to grow up cities.—See www.SpeakOut.com, 5/17/ colleagues vote the way I want them to without a father. I knew what hap- 00, Pages 1–2; Friends of the Earth— vote, nor should I. It is up to them to pened to my father. He was killed serv- World Trade, www.Foe.org/inter- make that decision. But I urge them to ing his country. Many sons and daugh- national/wto/china.html, Page 1. make the decision to ask for this basic ters out there have no idea what hap- One source, however, says that the information. pened to their loved ones. Wouldn’t it situation has worsened since 1995 and I have worked on this issue for 16 be nice if the Senate said we would like that China now has 8 of the 10 most years, as a Senator and a Congressman. to try to find out and that we are will- polluted cities in the world.—See For- I know what I am talking about. I have ing to attach this to PNTR? This is the eign Broadcast Information Service been to China. I have been to Cam- least we should do. (FBIS), July 30, 2000, ‘‘China Expert bodia. I have been to Laos. I have flown AMENDMENT NO. 4129, DIVISION IV Chen Qingtai Warns of Deteriorating a helicopter over the Plain of Jars. I Mr. SMITH of New Hampshire. Mr. Eco-System,’’ Document ID landed in the Plain of Jars. I went into President, I know Senator HOLLINGS is CPP20000730000042, Page 2. caves looking for American POWs. I waiting. I just have one more amend- Yet another source now puts the scoured the hillsides and countrysides ment, the so-called division IV. I call number at 9 out of 10.—See China of Cambodia and Laos and Vietnam and up division IV at this time and ask for Focus, May 2000: China’s Environment, Russia. They have all been relatively the yeas and nays on my amendment, www.virtualchina.com/focus/environ- cooperative, some more than others, division IV. ment/index.html. not cooperative enough. But the Chi- This amendment deals with the envi- ‘‘By the Chinese government’s own nese have done nothing—no access, ronment. Again, this is commission standards, two-thirds of the 338 Chinese zero, zippo. Yet here we are, giving language that simply calls for the com- cities for which air quality data are them permanent status. It is wrong. mission to report on the progress, or available are polluted. Two-thirds of My concern extends beyond Chinese lack thereof, that companies and the those are rated ‘moderately’—though knowledge of Americans missing from Chinese Government are making in still seriously—or heavily polluted.’’— the Korean war. We know approxi- China regarding environmental laws. See Michael Dorgan, ‘‘China gets seri- mately 320,000 Chinese military per- Our companies in America are under ous about cleaning up its air,’’ Knight sonnel served in Vietnam from 1965 to strict environmental regulations, yet Ridder/Tribune News Service, August 1, 1970. So moving now from the Korean there are no regulations in China. All 2000.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8547 The Chinese capital of Beijing is one China already consumes more coal in China now has 20 percent of the of the those top 10 cities with the energy production than any other na- world’s population, so what China does world’s worst air quality. In Beijing, tion. Energy planners expect that Chi- environmentally greatly affects every- the annual sulfur dioxide levels are na’s coal consumption will double, if one else. All that this amendment does twice the maximum set by the World not triple, by the year 2020. If China’s it to require the Commission created Health Organization, and the particu- coal use increases as expected over the by this legislation to monitor and re- lates are four times the maximum next two decades, that growth alone port on China’s efforts to protect the WHO level.—See House Republican Pol- will increase global greenhouse gas environment. icy Committee 2 (July 6, 1998). emissions by 17 percent—all but Former U.N. Ambassador Jeanne In 1999, ‘‘on one day out of four—Bei- dooming efforts by the rest of the Kirkpatrick once criticized my col- jing’s air quality—reached Level 4—out world to reduce a 50–70-percent reduc- leagues across the aisle for their tend- of 5—when even nonsmokers feel they tion in greenhouse gas emissions. See ency to ‘‘Blame America First’’—that have the lungs of the Marlboro Man, or Mark Hertsgaard (July 19, 2000). is, for their belief that there must be Level 5, when it’s so toxic that a few By 2020, China will become the something wrong with this great Na- breaths can leave a person dizzy and world’s largest emitter of greenhouse tion that causes the world’s ills. Keep nearby buildings seem lost in a filthy gases.—See www.SpeakOut.com, 5/17/00, that in mind when you consider this fog.’’—See Michael Dorgan, ‘‘China Page 3. amendment. If laws such as the Clean gets serious about cleaning up its air,’’ Why is the environmental such a dis- Air Act and the Clean Water Act are Knight Ridder/Tribune News Service, aster in China today? The answer is necessary for the environmental health August 1, 2000. simple—the people of China do not of this Nation, then those laws—or An estimated 2 million people die enjoy political and economic freedom. something analogous—are necessary each year in China from air and water Per capita emissions in China are 75 for China, too. That is, they are nec- pollution.—See Friends of the Earth— percent higher than in Brazil, which essary unless you believe in a policy of World Trade, has an economy of similar size. The dif- ‘‘Restrict America First, Always, and www.Foe.org.international/wto/ ference is that the autocratic, Com- Only.’’ There is no good reason for us china.html, Page 1. munist government in China robs the to give up our opportunity to ensure Water pollution in China is wide- people of that nation of the ability to that annually we can encourage, ca- spread and toxic. IN fact, 80 percent of seek both a prosperous economy and a jole, or prod China into improving its China’s rivers are so polluted that fish healthy environment. environment, for its sake and for ev- A free people will not consent to the cannot live in them.—See eryone’s, until we are sure that China type of environmental degradation www.SpeakOut.com, 5/17/00, Page 2. no longer will be the world’s superpol- ‘‘[T]he 25 billion tons of unfiltered in- seen today in China. Since 1970, in this luter. dustrial pollutants that the Chinese nation we have been unwilling to put You might ask why China is such an sent into their waterways in 1991 gave up with a far less dangerous state of af- environmental disaster. The same rea- Communist China ‘more toxic water fairs than China has today. We have son the Soviet Union was. The answer pollution in that one country than in enacted and enforced strong environ- is, the people of China, as in the Soviet the whole of the Western world.’ ’’—See mental protection laws, and we have Union, don’t enjoy political and eco- House Republican Policy Committee 2 supported environmental preservation nomic freedom. Per capita emissions in (July 6, 1998), quoting Gregg in our decisions as consumers and as China are 75 percent higher than in Easterbrook. contributors to charitable causes. Brazil, which has an economy of simi- A recent report from the Ministry of Moreover, prosperity not only is lar size. They don’t have a choice. They Water Resources of the Chinese Gov- compatible with a clean environment, don’t care. The Government doesn’t ernment states that the water supply prosperity also is a precondition for it. care. They don’t have a choice to clean to as many as 300 million people in A rich people will have the ability to it up. We could make a difference if we China fails the Chinese Government’s recognize the long-term benefits of monitored this, talked about this to health standard. preservation. Mature free market the world, brought this out each year In addition, according to the China economies make increasingly efficient in the commission report on PNTR. A Economic Times, Chinese Ministry of uses of resources, while leaving a free people would not consent to this Water Resources report said that 46 smaller footprint on the air, the water, kind of stuff, as we haven’t—to this percent of China’s more than 700 rivers and the land. type of environmental degradation. Under our current law, we can urge were polluted, meaning that they fell Moreover, prosperity is not only com- China gradually to improve its envi- within Grade 4 or 5 of the Chinese Gov- patible with a clean air environment, ronmental performance as a condition ernment’s 5-Grade water quality rating but a precondition for it. to being granted normal trading privi- system. Under that rating system, So I hope we can move forward on leges. We lose that option if we pass Grade 1 is deemed clean and suitable this amendment and allow for the com- H.R. 4444. For that reason, this bill is for consumption, while Grade 5 is con- mission to monitor these environ- our only, and last best, chance to exer- sidered undrinkable. Ministry experts mental disasters, where we apply one cise leverage in order to influence Chi- explained that industrial pollution was standard to our Government and no na’s decision in the environmental the main source of contamination. standard to a government making huge field. profits as a result of our trade. Those experts estimated that factories We believe that laws such as the produced about 60 billion tons of waste Again, this is a very noncontrover- Clean Air Act are necessary for the sial amendment but one I think all of and sewage each year and that 80 per- health of this nation. Why should we my colleagues who say they are pro-en- cent of that waste and sewage was dis- expect less for anyone else—particu- vironment ought to support. I guess I charged into rivers without treatment. larly China? We believe that enforce- am going to draw the conclusion that if Ninety percent of the water sources ment is necessary for law to be mean- in China’s urban areas are severely pol- you can’t vote for this, you are pro-en- ingful in this nation? Why should we vironment for America but not the rest luted. expect anything different across the Acid rain degrades forest and farm of the world—especially China. That is Pacific? We believe that a sound econ- land, and imposes an annual cost of an kind of sad. I hope I will have support omy and a healthy environment can on this amendment, as well as the estimated $1.8 billion in economic and should be attained from the Atlan- losses.—See other amendment. tic to the Pacific? Why should we ex- I ask for the yeas and nays. www.greenpeace-china.org.hk/ press/ pect less from Pacific to the South The PRESIDING OFFICER. Is there a 19991101lprl00.html. China Sea? sufficient second? China is the world’s largest producer There also is no good reason why, in There is a sufficient second. of chlorofluorocarbons, the chemicals the name of environmentalism, we The yeas and nays were ordered. that are said to be responsible for de- should impose a greater burden on Mr. SMITH of New Hampshire. That stroying the ozone layer.—See American citizens than we expect other completes any discussion I have on the www.SpeakOut.com, 5/17/00, Page 2. countries to impose on themselves. amendments.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8548 CONGRESSIONAL RECORD — SENATE September 14, 2000 At this time I yield the floor. a profit yet. But there has been a foot- that. We are attracting Hoffman- The PRESIDING OFFICER. The Sen- race on the New York Stock Exchange LaRoche, Hitachi, Honda—go right on ator from South Carolina is recognized. to get market share and invest in those down the list—Michelin, and all the AMENDMENT NO. 4136 who are winners. That is understand- rest of the fine industries from afar. We Mr. HOLLINGS. Mr. President, I call able. That is fine. That is the American are proud of it. We are proud of these up my amendment No. 4136, and I ask way. We applaud it. However, when you foreign investors. At the same time, we for the yeas and nays on the amend- look at the number of jobs, you can go have to compete and maintain the ment. to Oracle, you can go to America On- strength of our economy. The PRESIDING OFFICER. Is there a line. They now have their employees in Look at the People’s Republic of sufficient second? the Philippines. Microsoft has several China and the comparison of exports to There is a sufficient second. thousand of its employees offshore. imports in advanced technology. The The yeas and nays were ordered. In 1992, a suit was brought by the so- parts of advanced machinery deficit is Mr. HOLLINGS. Mr. President, right called ‘‘part-time temporary’’ employ- $18.23 billion; parts and accessories of to the point here, there are two sur- ees claiming they ought to share in machinery not incorporating, $7.74 bil- prising features with respect to the these stock options, other health bene- lion; parts of turbojet or turbo-pro- globalization, global competition, fits, and otherwise. They are really peller engines $4.01 billion; turbojet international trade. I continue to try working full time. They won the suit. aircraft engines, $3.74 billion. to get the Senate and the Congress Now they have changed them to tem- These are all deficits with the Peo- itself, charged under the Constitution, porary employees so they are not al- ple’s Republic of China. Parts for printers, $3.52 billion; cel- article I, section 8, to fulfill its respon- lowed to work over 364 days a year to lular radio telephones, $3.2 billion; vid- sibility. comply with the law. eocassette cartridge recorders, $2.32 The eye-opener has to do with agri- This is an article from around the be- billion; display units, $1.64 billion; opti- culture, and the eye-opener has to do ginning of the year. In Santa Clara, the cal disk players, $1.64 billion; medical with technology. This particular heart of Silicon Valley, the number of and surgical instruments and appli- amendment deals with the techno- temporary workers has jumped to 42 ances, $1.22 billion; transistors, $740 logical argument that we hear about percent of the workforce this year, million; facsimile machines, $670 mil- the wonderful opportunity we have from 19 percent in the 1980s. With re- lion; television receivers, $57 million; that ‘‘you just don’t understand, Sen- spect to Microsoft, temporary workers laser printers, $480 million. ator.’’ That is what we hear—that we have accounted for as much as one- I could keep going down the list. The have gone from the smokestack to third of its roughly 20,000-person work- point is that we have had a great rela- post-industrial to high-tech. Everybody force in the Puget Sound area. In May, tionship with the People’s Republic of is running around talking about high- it stood at 5,300. China. But in the required transfers of tech and the wonderful economy. Well, I know the industrial workers at technology, that plus balance of trade I wish high-tech did contribute that BMW, for example, have benefits and has now resulted in a deficit in the bal- much to the economy. But the fact of earn $21 to $22 an hour in Spartanburg, ance of trade. the matter is there are not that many SC. We enjoy that. We appreciate it. It Advanced technology products rep- jobs, and the few jobs that are there doesn’t call for necessarily a computer resent a rare consistent source of earn- just don’t pay. expert or college graduate. There are ings for the United States. During the Let me summarize this amendment. I many college graduates, of course, in last decade alone, the surplus in global ask, as a result, that the balance of the workforce. But these are jobs for sales was $278 billion. But during the trade with China in advanced tech- high school graduates—the majority of same period, U.S. trade deficits with nology projects be reported by the our working population. China totaled $342 billion. It is wors- President to the Congress each year. These are the jobs for the seniors in ening every year. That is in advanced technology prod- the middle class of our democracy. Ev- That has occurred in spite of the nu- ucts in an amount in excess of $5 bil- erybody is running around as if there is merous agreements with China to end lion. We now have a deficit in the bal- joy in the world on money. But they the obligatory transfer of technology ance of trade with the People’s Repub- are not thinking of the strength of the from U.S. companies to their Chinese lic of China of $3.2 billion, as of the end democracy economically and the counterparts to protect intellectual of 1999. strength the middle class brings to our property and to ensure regulatory Now I have heard from the best of democracy, with jobs for high school transparency and the rule of law. Fail- sources that that deficit could become graduates and not just high-tech col- ure to implement these agreements an approximate $5 billion. So I am ask- lege degrees. Of course, it is said that goes a long way in explaining why the ing the President that if it exceeds $5 the technology industry now has a total U.S. deficit with China has dou- billion, we not only report it, but re- shortage. There is no shortage. If they bled from $338 billion in 1995, to $68.7 quest a negotiation with the People’s only gave them full-time work, they billion by the end of 1999. Republic of China to see if we can would be there. What they are really The United States also lost its tech- eliminate that imbalance. That is all applying for are the college graduates nological trade surplus with China in the amendment calls for. It is all per- out of India and other countries to 1995 and has suffered deficits in this missive requests, asking the President come in under the immigration laws. area every year since then. Last year, U.S. technology exports to to do it. There is no burden whatso- They don’t want to have to pay the China failed by 17 percent while the im- ever, but it is certainly in the context temporary workers even around $35,000 ports soared by 34 percent. The record of global competition that we talk a year when they can get Indian work- $3.2 billion technology trade deficit in ers for $25,000 a year—any way they can about it. 1999 may reach $5 billion. This year, Let’s start acting as if we know cut costs. Even Chinese-trained work- technology imports now cost twice as something about the competition. I say ers and others come in. They would much as the falling U.S. exports. that the jobs don’t pay and there are like to change the immigration laws to Quite simply, China is developing its not that many of them. Right to the cut back the permanent high-paid own export-driven, high-tech industry, point, by comparison, for example, in workforce and put in this low-paid and with U.S. assistance. Redmond, WA, Microsoft has 21,000 jobs temporary work practice. That is an A recent Department of Commerce when Boeing down the road has 100,000. eye opener to me because I just study found that transferring impor- There are many more jobs at General couldn’t understand why they couldn’t tant technology and next generation Motors, Ford, the auto parts industry, find skilled workers. scientific research to Chinese compa- and otherwise, than there are in high- The truth is, I have proof. The proof nies is required for any access to the tech. of the pudding is in the eating. It is not Chinese cheap labor force or its mar- There is a lot of money in software, just bragging. It is true, as they say. ket. and therein you find these Internet bil- We have the best in technical training Three of the most critical technology lionaires trying to get market share— in South Carolina, and we are for high areas are computers, telecommuni- not profit. They haven’t come out with tech. There isn’t any question about cations, and aerospace. The United

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8549 States lost its surplus in computers last November with Chinese companies we are just not going to continue this and components to China in 1990, and providing 70 percent of local contents. one-sided deal and we are not going to now pays seven times as much for im- That is a Chinese airline, and they continue to import their articles. We ports as it earns from exports. wonder why the Boeing workers led the will just stop them as they have Compaq: Another foreign computer strike in Seattle last December. stopped us, and with the growth they company that once dominated the Chi- More troubling, with the help of Boe- have to have, they will come to the nese market a decade ago has now been ing, Airbus, and others, China has de- table and talk turkey. There is no displaced by a local company. veloped its own increasingly competi- chance in the world with these children After 20 years of normal trade rela- tive civilian and military aerospace here who are in charge of our trade pol- tions with China, no mobile telephones production within 10 massive state- icy. They keep going up there to talk are exported from the United States to owned conglomerates. and talk. China is a valuable U.S. partner in China. Indeed, the United States trade Again, Ambassador Barshefsky testi- many matters, but it is also a signifi- with China in mobile phones involves fied at the hearings: ‘‘The rules put an cant competitor. Experiences in the only the payment for rapidly rising im- absolute end to forced technology United States with deficits worsening ports that now cost $100 million a year. transfers.’’ That was after the WTO China has total control of its telephone after tariff cuts and other agreements show this is not the time to abandon agreement with the People’s Republic networks. It recently abrogated a big of China. ‘‘The rules put an absolute contract with Qualcom, Motorola, strong U.S. trade laws, but rather to begin to apply them fairly and firmly, end to forced technology transfers’’— Ericsson, and Nokia and sold 85 percent since 42 percent of China’s worldwide but fast forward a few months. This is of China’s mobile phone handsets until exports go to the United States. what they had in the Wall Street Jour- recently. Last November, China’s Min- The Chinese know how to compete. nal, from Wednesday, June 7 of this istry of Information imposed import In 1990, we passed in the United Na- year: ‘‘Qualcom Learns from its Mis- and production quotas on mobile tions General Assembly a resolution to takes in China, U.S. Mobile Phone phones, producers, and substantial sup- have hearings with respect to human Maker Listens to Beijing’s Call for port for nine Chinese companies. rights in the People’s Republic of Local Production.’’ Now, this agreement doesn’t disturb China. I will never forget, they fanned They report that after losing a lucra- those quotas. It does not open up that out over the Pacific down into Aus- tive deal to supply off-the-shelf cel- market. The People’s Republic of tralia, Africa, India and everywhere lular phones to China, Qualcom is map- China expects the nine companies to else, and of course they are very com- ping a new strategy to sell next-gen- raise their market share from the cur- petitive. What do they do? The Chinese eration products in the world’s fastest rent 5 percent to 50 percent within 5 focus their diplomatic efforts on sepa- growing mobile phone market. years. rating West European governments In other words, to send over their The United States now has a large from the United States by offering technology. and rapidly growing deficit with China them token political concessions and in advanced radar and navigational de- They talk about these agreements, hinting they would retaliate economi- but as John Mitchell, the former Attor- vices. Nearly half of all U.S. tech- cally against any country that sup- nology exports to China during the ney General said: Watch what we do, ported the resolution in Geneva. not what we say. 1980s were Boeing aircraft and 59 per- A vote after 7 years, each year, and cent were in aerospace. But according the 7th year it was turned down again Look at what they actually do and it to the SEC filings, Boeing’s gross sales by a vote of 27–17. They know how to is a disaster. to and in China have generally fallen use their valuable, mammoth 1.3 bil- Mr. President, I have a few pages of since 1993. lion population market. But we, with the deficits and balance of advanced Incidentally, that is easy to report. the richest market in the world, don’t technology trade with the People’s Re- It is being reported by Boeing and we want to use it. Be fair, we whine; we public of China. I ask unanimous con- just asked all of the companies to do continue to be fair and whine. sent this be printed in the RECORD. what Boeing is doing. Now, with that $68 to $70 billion def- There being no objection, the mate- Boeing MD 90–30 was certified by the icit in the balance of trade, that is rial was ordered to be printed in the U.S. Federal Aviation Administration their 8-percent growth. We could say RECORD, as follows: US ADVANCED TECHNOLOGY TRADE LOSSES WITH CHINA [Even In Advance Technology Products: The US Now Imports 65% More Than It Exports]

HS Code (1999: Dollars) US Export US Import 1999 Balance

ADVANCED TECHNOLOGY PRODUCTS* TOTALS ...... $5,007,198,994 $8,216,991,682 ($3,209,792,688) 0000305000 PTS & ACCESSORIES OF MACH OF HEADING OF 8471, NESOI ...... 0 1,540,659,071 (1,540,659,071) 0000301000 PRTS OF ADP MCH, NOT INCRPRTNG CRT, PRT CRCT ASSEM...... 0 1,235,882,818 (1,235,882,818) 0000990045 OPTICAL DISC (INCLUDING COMPACT DISC) PLAYERS ...... 0 567,322,116 (567,322,116) 0000704065 HARD DISK DRIVE UNT, NESOI, W/OUT EXTNL POWR SUPLY ...... 29,987,116 391,325,747 (361,338,631) 0000408020 CAMCORDERS, 8MM...... 58,716 176,379,994 (176,321,278) 0000704035 FLOPPY DISK DRIVE UNT, NESOI, W/OUT EXTRNL POW SPY ...... 0000209070 CELLULAR RADIOTELEPHONES FOR PCRS, 1 KG AND UNDER ...... 0000900000 VIDEO RECORDING OR REPRODUCING APPARATUS EXC TAPE ...... 0000200020 URANIUM FLUORIDE ENRICHED IN U235 ...... 0000100080 SEMICONDUCTOR DIODES NOT PHOTOSENSITIVE >0.5 A ...... 0000210000 FACSIMILE MACHINES...... 0000404000 DIGITAL STILL IMAGE VIDEO CAMERAS ...... 0000408085 STILL IMAGE VIDEO CAMERA, VDEO CAMERA RECORDR, NESOI ...... 0000400095 HYBRID INTEGRATED CIRCUITS, NESOI ...... 0000309060 TELEVISION CAMERAS, EXCEPT COLOR ...... 0000124000 TURBOJET AIRCRAFT ENGINES, THRUST EXCEEDING 25 KN ...... REC TV, COLOR, FLAT PANEL SCREEN, NESOI, DIS N/O 34.29 ...... REC TV, COLOR, FLAT PANEL SCREEN, NESOI, DIS N/O 33.02 ...... PHOTOSENSITIVE DIODES, ...... SEMICONDUCTOR DIODES NOT PHOTOSENSIVE=<0.5 A ...... 0000224000 TURBOPROPELLER AIRCRAFT ENGINES, POWER EXC 1100 KW ...... 0000408050 CAMCORDERS (OTHER THAN 8 MM), NESOI ...... 0000198001 CHIPS & WAFERS ON SILICON, DGTL MNLTHC IC, BIMOS ......

Mr. HOLLINGS. I reserve the remain- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without der of my time, and I suggest the ab- clerk will call the roll. objection, it is so ordered. The assistant legislative clerk pro- sence of a quorum. Mr. HOLLINGS. Mr. President, how ceeded to call the roll. The PRESIDING OFFICER. Whose Mr. HOLLINGS. Mr. President, I ask much time do I have remaining? time is used under the quorum? unanimous consent that the order for The PRESIDING OFFICER. The Sen- Mr. HOLLINGS. The other side. the quorum call be rescinded. ator has 91⁄2 minutes.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8550 CONGRESSIONAL RECORD — SENATE September 14, 2000 Mr. HOLLINGS. Mr. President, the In addition, U.S. high technology ers in the People’s Republic of China. fact of the matter is, I know the man- firms will gain the right to import into They are not only now producing to agers of the bill have very important China, and to engage in distribution the extent where they have a glut— business to engage them, but what we services, including wholesaling, retail- mind you me, I said that advisedly—a are seeing here is really not just an in- ing, transporting, and repairing. This glut in agriculture, they will continue sult to the issue at hand and this par- will allow our businesses to export to to expand upon their agricultural pro- ticular Senator, but what we are seeing China from here at home, and to have duction once they solve the transpor- is an insult to the Senate as the most their own distribution networks in tation and distribution problem, and deliberative body in the world. What China. Without these commitments, start feeding the entire world. they do, with respect, rather than en- U.S. companies would be forced to set It is very difficult to understand how gaging in debate, is go into the morn- up factories there to sell products any of my farm friends here—who are ing hour and talk about prescription through Chinese partners. always calling us protectionists when medicine and Wen Ho Lee or anybody There is nothing about the grant of we have never asked for any kind of else they want to talk about—anything PNTR that will alter China’s access to subsidies or protection whatsoever— except trade. They know they have the our market. To the contrary, China has but if people lose their jobs, 38,700 who vote fixed. specifically agreed to allow us to put in have lost their textile jobs, they are We have had the requirement, under special safeguard mechanisms aimed at supposed to be retrained, you know, the Pastore rule, that you address your addressing disruptive market surges and get ready for high tech and the comments to the subject at hand. I from China. We will also be maintain- global economy. They are supposed to never have wanted to call that rule on ing special methodologies under our understand it. the colleagues, but I will be forced to if unfair trade laws that will help domes- Agriculturally, if a few thousand we are going to come back and just tic industries in antidumping cases. farms lose out here with the bad have morning hours. Ironically, this amendment is not weather, be it a storm or be it a I was in a caucus earlier here at aimed at eliminating any trade bar- drought, we immediately appropriate lunch. People are trying to get out of riers or unfair trade practices. It sim- the money to take care of it. I will town tomorrow. I am trying to cooper- ply dictates that if the balance of trade never forget this so-called Freedom to ate with respect to having early votes. in certain products is not in surplus, Farm measure that was put in here 3 I am willing to yield back the remain- then the President has to use his au- years ago. Each year, now, we have der of my time on this one. If I can thority to work with the Chinese to in- gone up and increased—rather than the hear any disputed evidence or testi- tervene in the market to achieve a cer- freedom, the subsidies: Some $7 to $8 mony from the other side, I will be tain outcome. I’m not sure how my col- billion. glad, then, to debate it. But if that is league from South Carolina would en- In contrast now, with the People’s what they want to do, I will move on to vision this happening. Would the Chi- Republic of China, we have a deficit in the next amendment. I hope they get nese government begin to void con- a lot of items. The total agricultural the message so we get somebody to the tracts that were freely entered into by trade balance is $218 million for the floor and move the amendments just as U.S. importers, until the balance of year 1999. expeditiously as we can. trade moves into surplus? Would our I suggest the absence of a quorum government have to do this? I don’t Fish and crustaceans, $266 million; dairy products, $14 million—$266 million. and charge the other side because they know what the answer is to that ques- Dairy produce; Birds’ Eggs, Honey; Edi- don’t care. I mean they are not even tion and, frankly, I would hope that we ble—$14.8 million. using the time. never have to find out. The PRESIDING OFFICER. Without As my colleagues well know, I have This is how they list it and that is objection, it is so ordered. The clerk opposed all amendments that have why I read it this way. will call the roll. been offered to PNTR. I have done so Products Of Animal Origin, Nesoi—$93.7 The assistant legislative clerk pro- because of my concern about how million. ceeded to call the roll. amendments would affect the chances Live Trees And Other Plants; Bulbs, Mr. HOLLINGS. Mr. President, I ask of passage of this legislation. I want to Roots—$3.7 million; unanimous consent that the order for repeat my concerns now. A vote for Edible Vegetables And Certain Roots, Tu- the quorum call be rescinded. this amendment will do nothing to in- bers—$55.8 million; The PRESIDING OFFICER. Without Edible Fruit And Nuts; Peel Of Citrus crease opportunities for our workers Fruit—$30.6 million; objection, it is so ordered. and farmers. Indeed, it will have the Coffee, Tea, Mate And Spices—a deficit of Mr. ROTH. Mr. President, I rise in opposite effect. As such, I urge my col- $43.1 million; opposition to Senator HOLLINGS’ leagues to vote against this amend- Lac; Gums; Resins And Other Vegetable amendment. This amendment would ment. Saps—$44.9 million; authorize the President to initiate ne- Mr. HOLLINGS. Mr. President, I un- Edible Preparations Of Meat, Fish, Crusta- gotiations with the Chinese to elimi- derstand from the other side, now I can ceans—$69.9 million; nate the trade deficit in advanced tech- yield back our time; they would yield Sugars And Sugar Confectionary—$7.8 mil- nological products if the balance of their time, and move to the next lion; trade does not shift to surplus in these amendment. Cocoa And Cocoa Preparations—$15.2 mil- products. To be frank, I am not sure That being the case, I yield back my lion; why this amendment is being offered to time and I understand the other side Preparations of Cereals, Flour, Starch Or the China PNTR legislation. yields back its time. Milk—$23.1 million; After all, by passing PNTR, we will The PRESIDING OFFICER. All time Miscellaneous Edible Preparations—$17.1 increase our access dramatically to the is yielded. million. Chinese market once that country en- AMENDMENT NO. 4135 Listen to this one: Cotton. ters the WTO. The commitments that Mr. HOLLINGS. Mr. President, I call Here I am struggling in South Caro- China has made as a part of its WTO up amendment No. 4135. Mr. President, lina, the South, cotton—I am import- accession negotiations with regard to the other eye opener in international ing cotton from the People’s Republic high technology products are truly sig- trade is the matter of agriculture. I of China. I have a $12.3 million surplus nificant. For example, China has com- have always had a strong agricultural in cotton, not carded but combed. mitted to eliminate quotas on informa- interest, support, in my years in public It would be unfair to talk, with this tion technology products at the date of office. I willingly support price sup- particular amendment, about the def- its accession to the WTO and to elimi- ports and quotas on agricultural prod- icit and all of these things because we nate tariffs for these products by Janu- ucts. America’s agriculture is allegedly already have a deficit. We do have a ary 1, 2005. Moreover, China has agreed the finest in the world. We produce plus balance of trade in wheat, corn, to open its telecommunications and enough to feed ourselves and 15 other and rice. It is listed under cereals, is internet to United States investments countries. But we only have 3.5 million the way they list it at the Department and services. farmers and there are 800 million farm- of Agriculture. We have a plus balance

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8551 of trade in wheat, corn, and rice, and a The United States will provide opportuni- the world. They are like us in the plus balance of trade in soybeans. ties for young Chinese leaders to visit the South. We are still hungry. That is why That is why I made this amendment U.S. farms, ranches, and universities to the BMW plants not only produce more to read ‘‘wheat, corn, rice, and soy- study management systems and production but they produce better quality. That technologies. beans.’’ I wanted to start off, as in soy- The United States will arrange opportuni- is why we are doubling the size of the beans, I have a plus balance of trade of ties for the Chinese officials and business BMW plant from Munich, Germany, $288.1 million. So we are happy. leaders to study U.S. marketing and dis- and we will continue to compete. We have a plus balance of trade of tribution of agricultural products in China Generally speaking, the rest of the wheat, corn, and rice of $39.6 million. and the United States. country, up in your neck of the woods, I am looking at that particular cat- As a means to implement the principle of I say to the Presiding Officer, they egory and whereby 4 years ago we had technological cooperation and exchange, have gotten spoiled. a plus balance of $440.7 million, it is China and the United States will implement specific projects listed below. We started the globalization in down to $39.6 million. It promises The U.S. livestock industry will provide Rhode Island. We started 50 years ago maybe next year to go to a deficit. free registration and enrollment for select trying to move every industry that was I have all the farm boys saying: Wait Chinese officials, and Cattlemen College in Rhode Island because you had them a minute, wait a minute, we have to classes during the NCBA convention and and we did not have them. We moved export. We have to export agriculture, summer conferences. them down to South Carolina. Now export agriculture. We are not export- The U.S. livestock industry will provide they have been moved from South ing agriculture, on balance, to the Peo- free registration and enrollment for select Chinese officials and producers at the world Carolina to Malaysia, Mexico, and now ples’ Republic of China. We have a def- pork symposium; strengthening cooperation to China under this particular agree- icit. We are importing it now. If this and conservation of genetic resources for ment. That is what is really happening. continues, we will definitely have a livestock, poultry, and forage grass; We know how to get the industry, and deficit, in the sense—let me tell you strengthening cooperation in selection and we know how to lose the industry. We what this agreement calls for. We are utilization of new breeds and varieties; tech- have experienced it. We are talking trying to really improve the compet- nical assistance on quick testing, moni- from a brute measure of experience. itor. These are the kind of agreements toring, and management of major animal This ought to be understood in the we make when we send Barshefsky and diseases; technical assistance on environ- mentally sound production practices; waste Senate. that crowd abroad. disposal techniques. I reserve the remainder of my time. I read: The United States will provide technical Mr. ROTH. Mr. President, I suggest China and the United States agree to ac- assistance in water conservation and man- the absence of a quorum. tively promote comprehensive cooperation agement for China to further its work in The PRESIDING OFFICER. The in agriculture, in the field of high tech- identifying and conserving key water re- clerk will call the roll. nology, and encourage research institutes sources. The legislative clerk proceeded to and agricultural enterprises to collaborate in It goes on and on. This is an agree- call the roll. high-tech research and development. ment to put ourselves out of business. Mr. ROTH. Mr. President, I ask unan- Do not for a minute think the Chi- They come to the floor and say: Oh, we imous consent that the order for the nese are not coming. They are going to have so much more fertile, arable land quorum call be dispensed with. come for those high-tech items, go to than they have, so many millions of The PRESIDING OFFICER. Without our agricultural colleges, go to our ex- acres. They have more land under irri- objection, it is so ordered. perimental development stations, and gation than the United States. It is an Mr. ROTH. Mr. President, I rise in they are going to collaborate on all the offset now, but they will be getting opposition to Senator HOLLINGS’ high-tech research and development. more irrigation, in addition to the ad- amendment. Mostly, they will be taking; they are vanced productivity we already have. As my colleagues well know, I have not giving any. But we politicians in Congress say: You opposed all amendments because of the Reading further: don’t understand; global competition, impact that they could have on passage China and the United States agree enter- globalization; you are just resisting of PNTR. I want to restate that con- prises should be urged to make investment globalization; that is yesteryear’s poli- cern now. Any amendment that is in each country to produce and do business adopted could doom PNTR and end our in high-tech agricultural products. tician; you have to modernize; we are for change; we are global. ability to gain access to the Chinese They will have to make investments We are globally going out of business. market once that country joins the in that country to produce and do busi- That is why I have this amendment. WTO. ness in high-tech agricultural products. That is, if this exceeds $5 billion in Let’s not forget, we are not voting on They agree with the content provision those four categories, it is only $3.5 bil- whether China will enter the WTO. in agriculture, and yet my colleagues lion now, but if we start losing on China will get in, regardless of what say: Whoopee, this is a wonderful wheat, corn, and soybeans, we are gon- occurs in the Senate with regard to agreement. ers in agriculture. this legislation. What we are voting on I think I will be around here long This amendment provides that if this is whether we will give our workers enough for these farmers to go out of occurs and this was misrepresented to and farmers the same access to the business. Watch them. That wheat, as I us—the Senate is charged under the Chinese market as every other WTO said, is going from 440 million in a 4- Constitution, article I, section 8, to member will get once China accedes. year period down to just 40 million regulate foreign commerce—if we were The decision before us is that stark and bushels. misled, we can say: Please renegotiate that simple. Reading further: and see how we can right this situa- That is why I support PNTR so Review and technical assistance—the tion. strongly, and that is why I have op- United States will review its technical as- We do not have this in advanced posed all amendments, including some sistance programs in China to consider ways to increase the efficacy of these programs. technology. We do not have this in that I thought had great merit. The United States will create special edu- electronics and manufactured products. That is also why virtually every cational symposiums specific to China’s We do not have a plus balance of trade major agricultural organization has needs in cooperation with the U.S. land in agricultural products. But the little supported PNTR and supported my op- grant universities for Chinese officials and bit we have left, my farmers realize if position to all amendments. producers. you are voting against this amend- Mr. President, I have with me today Ambassador Barshefsky is a wonder- ment, you vote against America’s most a letter that I would like to enter into ful negotiator for the Chinese. She is productive farmer. the RECORD from over 65 agricultural agreeing to have special symposiums We are agreeing to make the Chinese organizations. I ask unanimous con- when we already have a deficit in agri- more productive. If you think an Amer- sent it be printed in the RECORD. cultural trade. We have to set up a ican farmer can outwork a Chinese There being no objection, the mate- symposium to increase the deficit. farmer, you are whistling ‘‘Dixie.’’ rial was ordered to be printed in the Continuing: They are the hardest working people in RECORD, as follows:

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8552 CONGRESSIONAL RECORD — SENATE September 14, 2000 SEPTEMBER 12, 2000. passage of PNTR is vital. It is vital to That is why I oppose this amendment The Honorable our farmers and our agriculture sector. and urge my colleagues to vote against U.S. Senate, Washington, DC. These include the National Chicken it. There is too much at stake to do DEAR SENATOR: It is critical to American Council and the USA Poultry and Egg otherwise. agriculture that H.R. 4444, the China Perma- nent Normal Trade Relations (PNTR) legis- Export Council, both of which rep- Mr. President, I am ready to yield lation, moves forward without amendment. resent farmers from my home State of back the remainder of my time. Any amendments would require another vote Delaware. Mr. HOLLINGS. Mr. President, I am in the House of Representatives and send But it also includes national organi- ready, if I may, to just respond, if you China and our competitors the message that zations and companies such as the don’t mind, for a couple minutes. the United States is not serious about open- American Farm Bureau Federation, How much time do I have? ing the Chinese market to U.S. products. National Grange, Cargill, Farmland In- The PRESIDING OFFICER. Fifteen The Thompson amendment would require dustries, the National Cattlemen’s Beef and a half minutes. the President to implement sanctions under Mr. HOLLINGS. I will not take that various circumstances. Unilateral sanctions Association, and many others. have the effect of giving U.S. markets to our Importantly, this list also includes long. competitors. While there are efforts to ex- groups that this amendment is osten- My distinguished colleague, the empt food, medicine and agriculture from sibly intended to help, including the chairman of our Finance Committee is the existing language, American agricultural National Corn Growers Association, really is one of our outstanding Mem- producers, regardless of exemptions, would the National Oilseed Processors Asso- bers. I have every respect for his lead- be put at risk. If the United States sanctions ciation, the American Soybean Asso- ership—but on this particular score, he or even threatens sanctions for any products, ciation, the U.S. Rice Producers Group, talks about the great market we have agriculture is often first on the other coun- and that this amendment would re- try’s retaliation list. the U.S. Wheat Associate, and the Additionally, further consideration of the Wheat Export Trade Education Com- quire the President to intervene to ob- China Nonproliferation bill should not delay mission. tain a certain balance of trade. Not at action on a vote for PNTR. The U.S. agri- This is a long list, but it is worth em- all. What I am trying to do is avoid a culture industry continues to face depressed phasizing for all my colleagues to real- deficit in the balance. prices. Agricultural producers and food man- ize how much is at stake and how much As they say, they are a great market. ufacturers should not face burdens erected will be lost if this or any other amend- As long as the soybean association is by their own government such as unilateral ment were to be adopted. right, as long as the wheat association sanctions or failure to pass PNTR. is right, and the other 63-some-odd as- We urgently request your help in achieving After all, China is already our eighth a positive vote on PNTR without amend- largest market for agricultural ex- sociations are right, you will never ment. ports. In fiscal year 1999, U.S. farm ex- hear any more about this amendment. Thank you for your help and we look for- ports to China were about $1 billion, It will be dead on the books because ward to working with you on these impor- with an addition $1.3 billion of exports nothing will have to be triggered. I am tant issues. going to Hong Kong. taking their word for it. Sincerely, While China is already a huge agri- I know otherwise. I have been in the AgriBank, Agricultural Retailers Associa- cultural export market, the potential agricultural business. When you men- tion, Alabama Farmers Association, Amer- tion the American Farm Bureau, I al- ican Crop Protection Association, American for the future is even greater with WTO Farm Bureau Federation, American Feed In- accession. China has agreed to slash most have to laugh. They have to do dustry Association, American Meat Insti- tariffs for virtually every agricultural with everything but with farming. It is tute, American Seed Trade Association, product, and to establish very high tar- an insurance company. They have American Soybean Association, American iff rate quotas for key products, includ- many times come out against the in- Health Institute, Archer Daniels Midland ing those covered by my colleague’s terests of the farmer. Company, Biotechnology Industry Organiza- amendment. I have taken an agriculture case, on tion, Bunge Corporation, Cargill, Inc. Cenex As importantly, China has agreed to the dairy score, all the way to the Su- Harvest States, Central Soya Company, Inc., abide by the terms of the WTO SPS preme Court. I learned that my dairy Cerestar USA, CF Industries, Inc., Chocolate farmers put their milk out on the Manufacturers Association, and CoBank. Agreement, which requires that ani- Distilled Spirits Council of the United mal, plant, and human health import stoop, that on the first of the month it States, DuPont, Farmland Industries, Inc., requirements be based on science and is picked up, and they don’t learn for 30 Grocery Manufacturers of America, IMC risk assessment. days—or sometimes 2 months—whether Global Inc., Independent Community Bank- It would be particularly ironic if that is going to be classed grade A, ers of America, International Dairy Foods PNTR were to fail because of the class I grade A, or whether it is going Association, Land O’Lakes, Louis Dreyfus amendment before us now. This amend- to be class III grade C. There is a tre- Corporation, National Association of State ment, at best, is unnecessary. After all, mendous difference in price. It is up to Departments of Agriculture, National Asso- ciation of Wheat Growers, National Barley the President is authorized to nego- the processor to determine whether it Growers Association, National Cattlemen’s tiate with any country about any issue is going to go into processing ice Beef Association, National Chicken Council, at any time. cream, cottage cheese, or whether it is National Confectioners Association, Na- Such negotiations would be entirely going to be pasteurized and put on the tional Corn Growers Association, National appropriate and necessary if there were stoop as class I grade A. Council of Farmer Cooperatives, National concerns about market access or unfair So the poor farmer keeps his mouth Food Processors Association, National Grain trade practices that needed to be ad- shut because he has to get along. In and Feed Association, and National Grange. dressed. But this amendment would short, the farmer is in the hands of the National Milk Producers Federation, Na- tional Oilseed Processors Association, Na- urge the President to work with the processor and the distributor in most tional Pork Producers Council, National Po- Chinese to intervene in the agriculture instances. That is why you have these tato Council, National Renderers Associa- market to achieve a certain balance of organizations and Archer-Daniels-Mid- tion, National Sunflower Association, North trade. land, Cargill, everybody else. They can American Export Grain Association, North It is because we have rejected these run around and easily get these resolu- American Millers’ Association, Pet Food In- types of statist economic policies that tions. stitute, Pioneer Hi-Bred International, Rice our economy is as strong as it is today. But the hard, cold fact is, I am here Millers’ Association, Snack Food Associa- Going back down the road of having for the wheat farmer, for the soybean tion, Sunkist Growers, The Fertilizer Insti- the Government meddle unnecessarily farmer, for the corn farmer. All I am tute, United Egg Association, United Egg Producers, USA Poultry and Egg Export in the market is simply not the an- saying is, you are telling me I am Council, U.S. Canola Association, U.S. Dairy swer. going to be able to expand this wonder- Export Federation, U.S. Rice Producers As- In the end this amendment would do ful market. Well, I am looking, and sociation, U.S. Rice Producers’ Group, U.S. nothing to enhance our access to the seeing it has contracted, and overall we Wheat Associates, Wheat Export Trade Edu- Chinese market for our farmers. It have a deficit right now. cation Committee, and Zeeland Farm Soya. would, in fact, threaten the potential I know 31⁄2 million cannot outproduce Mr. ROTH. Just let me point out, gains that will become available to us 800 million. I know I am obligated these organizations know, as I do, that with the passage of PNTR. under the agreement to bring the 800

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8553

million up to snuff with the 31⁄2 million. transferred advanced technology to the members to Capitol Hill on Apr. 12 to lobby So I am saying: Wait a minute here. People’s Republic of China or, two, has against granting Normal Trade Relations Let’s not go pell-mell down the road not moved any production facilities Status to China. Environmental and human- rights protesters planned to disrupt meet- and ruin the one great thing we have, until after January 1, 2001, from the ings of the World Bank and the International and that is America’s agriculture. You United States to the People’s Republic. Monetary Fund (IMF) four days later. ruined the manufacturing. Now you I want to cut out the ‘‘P’’ from The outpouring once again raises the ques- want to ruin its agriculture. So that is PNTR. I can see the lack of knowledge tion: Why are so many people so angry about why my amendment is here. and certainly maybe sometimes the globalization—a term that has come to en- Oh, yes, there is one other point. disregard, but to actually come in here compass everything from expanded trade and China will gain access to the WTO. The and raise taxes to finance the factories shifting work around the world to distinguished Senator and I agree on the international bodies that set the rules Eximbank and OPIC to, in turn, fi- for the global economy? Political and busi- that. But he thinks that, ipso facto, it nance the export of these jobs or the ness leaders across the spectrum were caught opens the market. Japan, for 5 years elimination of over 800,000 jobs, we off guard by the strong feelings expressed in has been a member of the WTO. Try to have lost over a million manufacturing Seattle last fall. Although they’re better get some of these things into Japan. jobs in the last decade. There is no prepared this time, they remain perplexed. For those who are solely unknowing, question about it. We are just going After all, the U.S. economy is in the midst for those who have not studied the out of manufacturing entirely. We are of a heady boom that’s being fueled in no case, if you think being a member of small part by globalization. Open borders going into making hamburgers and have allowed new ideas and technology to the WTO opens markets, you are handling the laundry, and there are a flow freely around the globe, fueling produc- wrong. Japan is the best example, and few software folks buying the stock, tivity growth and helping U.S. companies to China is going the same way. Since making themselves some money, but become more competitive than they have they have signed this agreement, and even the software employee is part been in decades. Expanded trade has helped since Ambassador Barshefsky said we time. The construction worker today to keep a tight lid on U.S. consumer prices, did not have to have any more tech- now has been put off as an independent too. As a result, many U.S. families are nology transfers in order to do busi- contractor. He is not under health doing better than ever. What’s more, polls ness, Qualcom and many others have have shown for years that a solid majority of care. The department store workers are Americans believe that open borders and free learned otherwise since that testimony also either independent contractors or trade are good for the economy. before the Finance Committee. part time workers. We have taken and So it the hostility aired in Seattle and now AMENDMENT NO. 4137 decimated the workforce. And they are in Washington just the raving of fringe Mr. HOLLINGS. Mr. President, I wondering why there is malaise or anx- groups? Or does it express a more widespread yield back the remainder of my time iety. anxiety that decision-makers have ignored on amendment No. 4135, and I call up Here is the President back in May: until now? Fringe groups do play a role, but there is mounting evidence for the second amendment No. 4137 on the Export-Im- Clinton asked rhetorically: ‘‘So why are we conclusion, as well. The protesters have port Bank and the Overseas Private In- having this debate, because people are anx- tapped into growing fears that U.S. policies vestment Corporation. iety ridden about the forces of benefit big companies instead of average The PRESIDING OFFICER. The Sen- globalization.’’ citizens—of America or any other country. ator from South Carolina is recognized. They tell us we just don’t understand Environmentalists argue that elitist trade Mr. HOLLINGS. Mr. President, this the forces of globalization. and economic bodies make undemocratic de- is the dilemma we are in. We not only After that one, I have a cover article, cisions that undermine national sovereignty don’t know what we are doing, we are I ask unanimous consent to print this on environmental regulation. Unions charge causing great damage to the workers in article. It is very interesting, ‘‘The that unfettered trade allows unfair competi- America. We are all running around Backlash Behind the Anxiety of Over tion from countries that lack labor stand- ards. Human rights and student groups say America saying: I am fighting for Globalization,’’ in Business Week, the IMF and the World Bank prop up regimes working families. Well, we are elimi- dated April 24. that condone sweatshops and pursue policies nating working families here on the There being no objection, the article that bail out foreign leaders at the expense floor of the Congress. was ordered to be printed in the of local economies. ‘‘Are you allowed to Over the past 6 years, Congress ap- RECORD, as follows: make your own rules, or is someone else propriated $5 billion to run the Export- [From Business Week, Apr. 24, 2000] going to do it? Those are fighting words to a lot of people,’’ says Robert C. Feenstra, a Import Bank of the United States. It BACKLASH: BEHIND THE ANXIETY OF OVER trade economist at the University of Cali- subsidizes companies that sell goods GLOBALIZATION fornia at Davis. DIVIDED. A BUSINESS abroad. James A. Harmon, President (By Aaron Bernstein) WEEK/Harris poll released on Apr. 12 finds and Chairman put it this way: Ask David K. Hayes about the impact of that while Americans agree in principle that American workers have higher quality, globalization on his life and you’ll hear the globalization is good, they disagree with better paying jobs, thanks to the story of a painful roller-coaster ride. The policies for carrying it out. Just 10% de- Eximbank’s financing. Goodyear Tire & Rubber Co. factory in Gads- scribe themselves as free traders, while 51% But the numbers at the bank’s five den, Ala., where he has worked for 24 years, say they are fair traders. Some 75% to 80% biggest beneficiaries—AT&T, Bechtel, decided to shift most of its tiremaking to say their priorities are to prevent unfair Boeing, General Electric, and McDon- low-wage Mexico and Brazil early last year. competition, environmental damage, and job The plant slashed its workforce from 1,850 to nell Douglas, which is now a part of loss. The goals of the Clinton and prior Ad- 628. The 44-year-old father of two was lucky ministrations, including boosting exports Boeing—tell another story. At these and landed a job paying the same $36,000 sal- and keeping consumer prices low, rank lower companies, which have accounted for ary at another Goodyear plant 300 miles (page 44). about 40 percent of all loans, grants, away. Hayes’s wife didn’t want to quit her At the same time, 68% of Americans be- and long-term guarantees in this dec- $30,000-a-year nursing job, so Hayes rented a lieve globalization drags down U.S. wages. ade, overall employment has fallen 38 small apartment in Union City, Tenn., seeing Respondents split fairly evenly on whether percent. Almost 800,000 jobs have dis- his family on weekends. Then in October, global integration is good for creating jobs appeared. We are taxing the American Goodyear reversed course and rehired nearly and the environment. The result: a gnawing 700 people in Gadsden, including Hayes. It’s sense of unfairness and frustration that public to pay for the elimination of good to be home, he says, but he is con- could boil over in the future. ‘‘A strong ma- these fine jobs. stantly fearful that the company will switch jority [of the U.S. public] feels that trade What does my amendment say: It again. ‘‘It has been nerve-wracking,’’ he policies haven’t adequately addressed the says, notwithstanding any other provi- says. ‘‘We try to be cautious on spending, be- concerns of American workers, international sion of law, in addition to the require- cause I don’t know if I’ll have a job in six labor standards, or the environment,’’ says ments—and there are all kinds of re- months.’’ Steven Kull, director of the University of quirements at Exim and OPIC—neither Such stories of anxiety are part of what’s Maryland’s Center on Policy Attitudes, the Export-Import Bank or the Over- fueling a second wave of protests against which on Mar. 28 released an extensive poll globalization that kicked off in Washington, entitled ‘‘Americans on Globalization.’’ seas Private Investment Corporation D.C., on Apr. 9. Echoing the demonstrations Americans’ divided views have broad impli- can provide risk insurance after De- that erupted late last year at the World cations for U.S. policies and companies. Ever cember 31 of this year unless the appli- Trade Organization (WTO) meeting in Se- since the North American Free Trade Agree- cant certifies that it has one, not attle, the AFL–CIO brought some 15,000 ment (NAFTA) squeaked through Congress

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8554 CONGRESSIONAL RECORD — SENATE September 14, 2000 in 1993, its opponents have blocked most help those who lose out. ‘‘You want to make the mid-1980s. Then in 1995, management said major trade initiatives, including President sure that the benefits of trade are fairly the 300 remaining jobs could stay if employ- Clinton’s request for fast-track authority to shared,’’ says William R. Cline, a trade ex- ees slashed costs. So Spaulding and his col- negotiate new trade pacts. Now protesters pert at the Institute of International Fi- leagues swallowed a $2-an-hour cut, to $12.50, hope to thwart the Administration’s pledge nance Inc. where his pay remains today. ‘‘We’ve had to to extend Normal Trade Relations to China Of course, with jobs plentiful today, losing cut back on our lifestyle—forgo some vaca- as part of its entry into the WTO. Some 79% one is less disastrous than it was back in tions and going out to dinner,’’ he says. of Americans don’t want to give China nor- 1992. But it’s still a traumatic experience. Demands like Trico’s have lowered pay mal trading privileges, according to the About 25% of all job-losers still aren’t work- across the auto-parts industry. One-third of BUSINESS WEEK/Harris poll. After the Apr. ing three years afterward, according to U.S. auto-part employment migrated south 12 rally, the AFL–CIO plans to mount a Princeton University economist Henry S. to Mexico between 1978 and 1999, according to grass-roots effort to defeat the measure Farber, who analyzed government survey Stephen A. Herzenberg, an economist at the when Congress takes it up in late May. data through 1997, the latest year available. Keystone Research Center in Harriburg, Pa. And there’s more to come. College students Some simply retire early. The 75% who do The result: Wages in the U.S. auto-parts in- around the country are holding weekly sit- get another job still face that 6% gap, plus dustry plunged by 9% after inflation, he ins to pressure companies to agree to sweat- the income lost if they’re unemployed until found. shop monitoring, and they’re scoring sur- they find new work. Some companies use the mere threat of prising victories with Reebok, Nike, and What was once seen as a blue-collar phe- overseas job shifts against workers who try other apparel makers. Unions plan to keep nomenon is now spreading to the service sec- to unionize to raise their pay. In February, pressing for labor standards that can be in- tor. U.S. data-processing companies are Yvonne Edinger and some colleagues tried to corporated into the world trading system—a using high-speed data lines to ship document form a union at a Parma (Mich.) factory battle that could drag on for years. Mean- images to low-wage countries such as India owned by Michigan Automotive Compressor while, the Washington demonstrations are and Mexico. Some 45,000 people work in these Inc., a joint venture of Japan’s Denso Corp. likely to spur reform at the World Bank and and other service jobs in maquiladoras, twice and Toyoda Automatic Loom Works Ltd. the IMF (page 46). Of course, global integra- the number in 1994, when NAFTA took effect. The 425 workers at the plant, which makes tion is a juggernaut that’s not easily They do everything from processing used car air conditioners, earn $12 to $14 an hour— stopped, but all the political turbulence tickets for America West Airlines Inc. to vs. $16 to $18 for parts makers in the United could make the free-trade agenda more dif- screening U.S. credit-card applications for Auto Workers. But when the organizing ficult to achieve. fraud. And the work is getting more ad- drive began, ‘‘Japanese coordinators sent Finding common ground among competing vanced. As U.S. companies tap bilingual over to troubleshoot the line told people that constituents will be a nightmare for policy- Mexicans, ‘‘we have people getting on the the plant would be moved if they voted in makers and politicians. While it may be pos- phone and calling customers’’ in the U.S., the UAW,’’ says Edinger. That scared so sible to redesign procedures at the lending says Ray Chiarello, CFO of 2,800-employee many workers that the organizing drive has agencies, for example, it’s far more complex Electronic Data Management International been put on hold. A company spokeswoman and controversial to set labor and other in Cuidad Juarez. SWEATSHOPS? Global says it has heard no allegations of threats by standards worldwide. Already, China’s WTO competition is also battering the theory of its coordinators. Yet such threats are rou- entry has become a flash point for Vice- comparative advantage, which holds that tine. According to a 1996 study by Cornell President Al Gore, who’s depending heavily free trade will prompt the U.S. to import University labor researcher Kate on union support in his Presidential quest. goods made by low-wage, low-skilled labor Bronfenbrenner: 62% of manufacturers Somehow, the Administration must balance and export those made by the highly skilled. threaten to close plants during union re- all this while maintaining friendly relations But companies are undermining that con- cruitment drives. with trading partners around the globe. The struct by shifting even the most skilled jobs For nearly a decade, political and business task is all the more difficult because to some and technologies to low-wage countries. leaders have struggled to persuade the Amer- degree, helping U.S. workers could hurt At General Electric Co., for example, CEO ican public of the virtues of globalization. those in low-wage countries, since shifting John F. Welch has for years been pushing his But if trade truly brings a net gain to the U.S. factories and technology abroad helps operating units to drive down costs by U.S. economy, why not use some of the extra to lift living standards there. globalizing production. At first that meant GDP to compensate the losers and diminish It’s a paradox that while globalization moving appliance factories to low-wage the opposition? True, this wouldn’t address brings big gains at the macroeconomic level, countries such as Mexico, where GE now em- wage cuts and threats of moving offshore, those pluses are often eclipsed in the public ployees 30,000. Then last year, GE’s Aircraft much less qualms about the environment eye by all the personal stories of pain felt by Engines (AE) unit set up a global engineer- and the supranational role of global trade, the losers. But that pain remains mostly hid- ing project that already has increased the and finance bodies. Still, if the decision den, as economists and politicians emphasize number of engineers abroad tenfold, to 300, makers don’t start taking Americans’ objec- the upside while downplaying or omitting al- with sites in Brazil, India, Mexico, and Tur- tions seriously, the cause of free trade could together the drawbacks (table). The Eco- key. ‘‘We just can’t compete globally with a be jeopardized. nomic Report of the President, for example, primarily domestic cost base,’’ says AE com- THE PROS AND CONS OF GLOBALIZATION released in February, barely mentions trade- mercial engines General Manager Chuck related job losses, yet Commerce Dept. sta- Chadwell in a recent AE internal newsletter. PLUSES tistics imply that something like 1 million An AE spokesman agrees that GE is shifting —Productivity grows more quickly when workers lose their jobs every year as a result low-end engineering jobs offshore but says countries produce goods and services in of imports or job shifts abroad. THREATS. high-end design work is staying in the U.S. which they have a comparative advantage. Indeed, there are millions like David Hayes Brian and Mary Best are on the losing end Living standards can go up faster. who live in fear of a layoff and whose fami- of GE’s globalization drive. Both have —Global competition and cheap imports lies share the emotional and financial dis- worked for 25 years as planners at GE’s jet- keep a lid on prices, so inflation is less likely ruption. Even in today’s red-hot job market, engine plant in Lynn, Mass. But the unit has to derail economic growth. workers who lose a job earn 6% less on aver- been shedding planners, who design and help —An open economy spurs innovation with age in the new one they land. Others face build tools used to make engines, leaving 140 fresh ideas from abroad. pressure to take skimpy raises or pay cuts in Lynn, down from 350 a decade ago and 200 —Export jobs often pay more than other from employers that threaten to move off- in 1999. In February, Brian was laid off from jobs. shore. his $50,000-a-year job, and Mary hopes she’s —Unfettered capital flows give the U.S. ac- Even service and white-collar workers are not next. ‘‘Our jobs are going to places like cess to foreign investment and keep interest no longer exempt. True, many professionals Mexico and Poland, where labor is cheaper,’’ rates low. are hitting it big on the Internet and thriv- says Mary, who has a BA in business admin- MINUSES ing in export-oriented companies. But as istration. Says Brian: ‘‘GE’s only allegiance —Millions of Americans have lost jobs due global integration advances, engineers, soft- is to its shareholders.’’ to imports or production shifts abroad. Most ware writers, and other white-collar employ- Globalization also helps push down U.S. find new jobs—that pay less. ees are seeing jobs migrate overseas. ‘‘Work- wages. Trade accounts for roughly one-quar- —Millions of others fear losing their jobs, ers used to feel safe when the economy was ter of the rise in U.S. income inequality especially at those companies operating doing well, but today they always feel they since the 1970s, studies show. Imports shift under competitive pressure. can be laid off, and globalization is part and demand from low-skilled workers to edu- —Workers face pay-cut demands from em- parcel of that,’’ says Allan I. Mendelowitz, cated ones. Yet economists have never found ployers, which often threaten to export jobs. executive director of the U.S. Trade Deficit a way to measure direct wage pressures from —Service and white-collar jobs are increas- Review Commission, set up by Congress in globalization. ingly vulnerable to operations moving off- 1998. Mike Spaulding knows about that pres- shore. The point isn’t that globalization creates sure. Spaulding, 55, works at Buffalo’s Trico —U.S. employees can lose their compara- more losers than winners. After all, free Products Corp., a maker of windshield wip- tive advantage when companies build ad- trade is a net gain for the country. What ers, purchased by Tomkins PLC in 1998. vanced factories in low-wage countries, mak- worries many is that the U.S. does little to Trico began shifting 2,200 jobs to Mexico in ing them as productive as those at home.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8555 Mr. HOLLINGS. That anxiety over did their manufacturers census and ev- have. That is the biggest campaign fi- globalization is real. The average erything else and gave it to the Busi- nance abuse—using the Government American working in manufacturing is ness Roundtable. The poor Secretary and the budget. We call something a not part of this wonderful economy. On didn’t even have control of his own of- surplus when we have a deficit, and we the contrary, they are on the edge of fice so he ran them out. And we had to promise so much in tax cuts and spend- losing completely. Just look at the fact referee that fight and get some of them ing and everything else. Then when it that 28,700 manufacturing jobs in the back in, but at least put the secretary comes to this important subject, either State of South Carolina have been lost in charge of his own office. But CEO’s we say nothing or we don’t even debate since NAFTA. are arrogant. I know them. They are it. Let me tell you what happens. They arrogantly greedy, and they could care I reserve the remainder of my time say: Reeducate. I go right to Onieta, less about the country. Jack Welch, on the amendment. simple plant, making T-shirts. We the best of the best, says I am not The PRESIDING OFFICER. The Sen- brought it to Andrews, South Carolina going to add a supplier unless that sup- ator from Delaware is recognized. some 30-some years ago. At the time it plier moves to Mexico. Read the Busi- Mr. ROTH. Mr. President, I rise in closed, last year and re-located to Mex- ness Week. The head of Boeing said, opposition to the amendment of my ico, they had 487 employees, and the ‘‘I’m not an American company, I’m an friend. The amendment is not only ir- average age was 47 years of age—all international company.’’ Caterpillar is relevant to the underlying bill normal- loyal, wonderful, productive, every- saying it too. They take pride that izing trade with China, it would unnec- thing. So let’s do it Washington’s way, they don’t have a country. essarily limit the support Congress has reeducate. They sound like Mao Well, I happen to represent a coun- directed Ex-Im and OPIC to provide to Zedong—reeducate, get ready for global try, and I am not going to take it sit- U.S. exporters worldwide. First, and most importantly, I want competition. So tomorrow morning we ting down. They ought to be embar- to remind my colleagues that the point have the 487 workers out of a job. They rassed. I appreciate the distinguished of this bill is to ensure that American are now reeducated and they are expert chairman of the Finance Committee workers, American farmers, and Amer- computer operators. being here now, but the way they have Are you going to hire a 47-year-old treated this debate in violation of the ican businesses reap the benefits of an computer operator or a 21-year-old Pastore rule, and they bring on morn- agreement that it took 3 Presidents of computer operator? You are not taking ing business and talk about every other both parties 13 years to squeeze out of the Chinese. Those benefits would be on the pension, the retirement cost. subject, they could care less about this forfeit if this amendment were to pass You are not taking on the health care debate. The vote is fixed. So we don’t and thereby hinder our ability to see cost of the 47-year-old. You are going learn anything. I can learn from my fellow Senators if I am mistaken or in H.R. 4444 enacted into law. to hire the 21-year-old. So even Wash- Thus, the amendment would not only error. Fine, let’s learn and understand ington’s way, they are high and dry. limit the actual assistance that Con- what the situation really is. My figures Deadline, go to the town of Andrews gress directed Ex-Im and OPIC to pro- are the Government’s figures—the De- and some other places such as that vide our exporters, the amendment partment of Commerce, the Depart- where they have closed down these could have the effect of denying them ment of Labor figures, Department of plants. We have high employment in real export opportunities that are like- Agriculture statistics. Greenville, Spartanburg, but go to Wil- ly to equal $13 billion annually. We are not doing well at all in our liamsburg, go to Marlboro, go to Barn- Second, the bill ignores the realities well and you will see what has been oc- deficit balance of trade. I can tell you of how our exporters do business—pur- curring. here and now, Strom and I are going to sue markets abroad. Generally, export- So we traveled the State. We have get by. We are not paying our bills. The ing does require you to invest abroad worked for jobs. And don’t let the Tom distinguished Chair is going to have to in some form even if only in the form Donahue and the Chamber of Com- pick up my bills because I am spending of a representative office, and the merce, come up here and start telling money the government does not have. available economic analysis suggests me about jobs. I have to sort of make Mr. President, it is wonderful and since that American investment abroad en- a record. He has gone from rep- we have a little time you might in- hances our exports. resenting Main Street and jobs in dulge me. They ought to understand The so-called ‘‘benchmark studies’’ of America to the multinationals, money that the Department of Treasury, the Emergency Committee for Amer- makers, who can make far more by under the law—I know they would like ican Trade or ECAT have amply de- transferring their production outside of to avoid this discussion. The Fed tailed that effect. This past year, as the United States. hasn’t paid the large August payment part of the Finance Committee’s re- I have gotten every Chamber of Com- on the interest cost. It is going to run view of U.S. trade policy, we heard merce award. Bobby Kennedy and I around $70 billion. As of 9/12/2000, the from the Cornell professor who com- were the tin men back in 1954. I have national debt is $5,684,118,446,519.63. At pleted the study for ECAT. His testi- gotten it from every county Chamber the beginning of the fiscal year, it was mony was compelling, he found that of Commerce, the National Chamber of $5,656,270,901,615.43. So in round figures, U.S. investment abroad increased U.S. Commerce, any Chamber of Commerce. the debt has increased around $28 bil- exports and, pointedly, did not find any But on account of this trade debate, lion. The debt has gone up already. We substance to the argument that trade Donahue had them endorse and finance spent $28 billion more than we took in. represented a highway for run-away my opponent the year before last. Then We had wonderful receipts on personal American plants, as some claim. do you know what he did, January of income on April 15, and again in June The obvious reason for that phe- last year, after I came back from re- for corporate. But even with those, we nomena is that our market is already election? He gave me the award. He now have spent $28 billion more than open with very few exceptions. If sent me some good government award we took in. We have a deficit and we American firms were interested in or American leadership in commerce. I have had a deficit since Lyndon John- moving production to China simply to told him to stick it. Come on. What is son balanced the budget in 1968–1969. export back to the United States, they going on around here? The unmitigated Yet they all talk surplus. could already have done so for many gall. That crowd has left. We don’t have a federal surplus. We years. One thing this lengthy debate I know the Business Roundtable. I don’t have a surplus in trade. We don’t has made clear is that our market has refereed the fight between Secretary of have a surplus in agricultural trade. remained open to the Chinese, while Commerce Luther Hodges and Roger We don’t have a surplus in technology the Chinese market, until the agree- Blough, President of U.S. Steel and trade. Where are the surpluses? We ment of this past November goes into head of the Business Roundtable. Be- have a surplus in campaign contribu- effect, remains largely closed to U.S. cause when Secretary Hodges was ap- tions. Maybe that is the name of the exporters. Firms that simply wanted pointed by President Jack Kennedy, game. Forget about the country. Use an export platform to the United there were 12 on both sides. It was all the Government to reelect ourselves States could have been exporting to about the Business Roundtable. They and promise those things that we don’t the U.S. for the past 20 years.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8556 CONGRESSIONAL RECORD — SENATE September 14, 2000 In fact, what passage of PNTR prom- amendment regarding the Commission and Citicorp, started making most of ises is that U.S. companies will no be withdrawn from the list of eligible their money, as of 1973, outside the longer have to move to China simply to amendments. United States. They saw their oppor- produce for the Chinese market. Under Finally, I ask unanimous consent tunity for expansion in financial trade the November agreement, our export- there be 2 minutes of debate, equally and obviously sponsored all these for- ers can produce in the United States, divided in the usual form, prior to each eign policy associations—the Trilateral export to China, and for the first time of the votes. Commission and everything else. So sell directly to the Chinese consumer The PRESIDING OFFICER. Without the best and the brightest crowded in without the interference of some state- objection, it is so ordered. from the Ivy League into these par- owned trading company. In other Mr. ROTH. I yield the floor. ticular entities. They started talking words, passage of PNTR is the best way The PRESIDING OFFICER. The dis- about free trade, free trade, the doc- to halt any alleged erosion of our man- tinguished Senator from South Caro- trine of comparative advantage—and it ufacturing base because you can make lina is recognized. is 50 years later, all power to them— the goods here and sell them in China. Mr. HOLLINGS. Mr. President, of free trade when there is no such thing. Third, this amendment would have a course, our chairman, in opposition to The competition is not for profit. It is chilling effect on normal business prac- the amendment, has said three Presi- not free. It is controlled trade and the tices that yield export sales. The dents have worked 13 years and found competition is for market share and, in amendment does not, for example, de- the best way to stop the erosion of our essence, jobs. fine what it means by a production fa- manufacturing base was this particular The next thing you know, they start- cility or what constitutes ‘‘moving’’ PNTR agreement. If that is the case, I ed actually investing. I will never for- such a facility to the People’s Republic am a happy man. I have my grave get it. These countries, starting with of China. doubts because I have been around here Japan, began to invest in the United Thus, for example, would the Ex-Im and, as John Mitchell said years ago: States. Back in the 1980s, we had the Bank be required to deny any support Watch what we do, not what we say. independent study about the Japanese to a U.S. exporter if it closed any facil- So I put in amendments with respect contributions to Harvard University. ity in the United States or even re- to the matter of jobs. They say it is The Japanese-financed academics had duced production in such a facility going to create jobs. I say there is tremendous influence over the business while it opened a sales office in China? going to be a loss of jobs. On this par- model being taught in leading business Would OPIC be required to oppose any ticular score, since we lost 69,000 manu- schools. So they began to take over, form of risk insurance for a U.S. com- facturing jobs just last month, and the and with their investments and con- pany establishing a facility in China NAM, the group in charge of manufac- tributions to the outstanding campuses manufacturing goods for the Chinese turing, the private entity, says we have of America—the next thing you know, market if the company had closed or a $228 billion deficit in the balance of we had everyone in America making merely reduced production in a U.S. fa- manufacturing trade, then I think profits from their investments, buying cility manufacturing a completely dif- what we ought to do is look at this into the principle of lean manufac- ferent product? thing very closely; certainly not fi- turing and lower costs. We had influ- Those are just a few of the complica- nance it. ence in the banks, we had the Tri- tions that would arise for the Ex-Im Companies say it is too much of a lateral Commission, we had the cam- Bank, OPIC, and most importantly for burden to report. Not at all. They have puses, and before long we had the re- American exporters for whom Congress to just make a statement that they tailers who made a profit, a bigger created those programs if this amend- have not used the monies of exports to profit out of the imported articles than ment were to pass. adulterate the cause; namely, instead what they did on the American-pro- Congress certainly did not intend of creating jobs in America, to lose the duced article. that the Ex-Im Bank and OPIC be ham- jobs. The same with the Overseas Pri- Then you had the retailers, the Tri- strung in providing support to our ex- vate Investment Corporation. lateral Commission, the banks, the porters. To the contrary, the explicit Obviously, people looking at the campuses, the consultants, and finally intent of Congress in creating those record wonder why we have gotten our- the lawyers. Ten years ago Pat Choate programs was to enhance our exporters selves in such a situation. I have wrote in ‘‘Agents of Influence,’’ that competitiveness, not to hobble it. watched it over the years and partici- Japan had 110 lawyers, paid way more I oppose this amendment for all of pated, obviously, in it, again and again. than we were paying them here—the the foregoing reasons and ask my col- What really has happened is much like consummate salary of the House and leagues to do so as well. in the early days before World War II, Senate by way of pay. Japan was better Mr. GRAMM. Mr. President, I ask the Spanish war, where they had the represented in the United States than unanimous consent to speak in morn- fifth column. We have, in international the people of America by their Con- ing business. trade, the fifth column in the United gress. The PRESIDING OFFICER. Without States. Let me tell you how it is com- You get all these lawyers who come objection, it is so ordered. prised. in and move into the Business Round- (The remarks of Mr. GRAMM and Mr. Yes, after World War II the United table and the Chamber of Commerce— MOYNIHAN are located in today’s States had the only industry. We had the Main Street merchant is forgotten. RECORD under Morning Business.) the Marshall Plan. We sent over our As the distinguished farmers have to The PRESIDING OFFICER. The Sen- technology, our expertise and, bless ev- realize, the U.S. Farm Bureau is now ator from Delaware. erybody, it has worked. Capitalism has an insurance company. They have lost Mr. ROTH. Mr. President, I have a defeated communism. And the tax is the American farmer. We have a deficit unanimous consent request. I ask still to favor the investment overseas. in the balance of agriculture with the unanimous consent that at 4:45 today The Senator from North Dakota, Mr. People’s Republic of China. the Senate proceed to a series of roll- DORGAN, was voted down earlier this With respect to wheat, corn, and soy- call votes in relation to the following year on an amendment to stop financ- beans, if we lose the positive balance of amendments in the order mentioned: ing it. That is exactly what this trade that we have now, and start to Division I of Senator SMITH’s amend- amendment says: Just don’t—Export- get a deficit, let the President simply ment No. 4129; Import Bank, OPIC—finance your de- report it to the Congress and renego- Division IV of Senator SMITH’s mise. tiate and see if we can get better amendment No. 4129; But at that particular time the man- terms. That is what is called for. Oth- Hollings amendment No. 4136; ufacturers in America had all kinds of erwise we are going to sell out agri- Hollings amendment No. 4135; trouble traveling to the Far East and culture. Hollings amendment No. 4137. elsewhere. They didn’t like it. Air trav- Overall, the Department of Agri- I further ask unanimous consent that el was a burden. Now it is a pleasure. culture shows a deficit in the balance any remaining divisions of amendment What happened is that the banks who of trade, particularly in cotton. We ac- No. 4129 be withdrawn and the Feingold were financing, like Chase Manhattan tually import more cotton from the

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8557 People’s Republic of China than we ex- ready to vote. We are going to vote at NOT VOTING—2 port. We have a deficit in the balance 4:45 p.m., within the half hour. I want Akaka Lieberman of trade with the People’s Republic of to be able to answer my colleagues, so The amendment (No. 4129, division I) China in cotton. I retain the remainder of my time. was rejected. I can see it happening, going from 440 I suggest the absence of a quorum. million dollars down to 39 million dol- The PRESIDING OFFICER. Without Mr. ROTH. Mr. President, I move to lars in the last 4 years. It is dimin- objection, it is so ordered. The clerk reconsider the vote. ishing rapidly. Obviously, 800 million will call the roll. Mr. CRAIG. I move to lay that mo- farmers can do better than 3.5 million The senior assistant bill clerk pro- tion on the table. in America. We are committed under ceeded to call the roll. The motion to lay on the table was this agreement to make the 800 million Mr. HOLLINGS. Mr. President, I ask agreed to. just as productive as the 3.5 million. unanimous consent that the order for Mr. ROTH. Mr. President, can I have We have to bring them over here, put the quorum call be rescinded. order, please? on the seminars, carry them through The PRESIDING OFFICER. Without The PRESIDING OFFICER. The dis- our experimental stations, show them objection, it is so ordered. tinguished Senator will suspend. Will our technology under this agreement. Mr. HOLLINGS. Mr. President, I ask Senators please cease audible conversa- Once they have a glut in agriculture, for the yeas and nays on the remaining tion. once they solve their transportation Hollings amendments. I think they Mr. ROTH. Mr. President, I ask unan- and distribution problems, we are may have been ordered on one. I ask imous consent that the next votes in going to be in the soup in this country. unanimous consent that it be in order the series be limited to 10 minutes We do have the greatest agriculture in to ask for the yeas and nays on the each. the entire world, but trying to main- other two. tain it with the Export-Import Bank, The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without the financing of our sales overseas, the objection to it being in order to seek objection, it is so ordered. research—we have the fifth column the yeas and nays on both amend- AMENDMENT NO. 4129, DIVISION IV working against us. We are financing ments? Mr. ROTH. Mr. President, I yield my our own demise. Without objection, it is so ordered. minute. My understanding is that the The fix is in on all of these votes. Is there a sufficient second? author of the amendment yields back They will not even debate them. The There is a sufficient second. his time as well. legacy of President William Jefferson The yeas and nays were ordered. Clinton is one of fear. I just finished The PRESIDING OFFICER. In ac- reading a book by David Kennedy, VOTE ON AMENDMENT NO. 4129, DIVISION I cordance with the unanimous consent ‘‘Freedom from Fear,’’ about Roo- Mr. HOLLINGS. The question is on agreement, the question is on agreeing sevelt, about his leadership. It was true agreeing to amendment No. 4129 of the to amendment No. 4129, division IV. leadership. It was not taking the pop- Senator from New Hampshire. The yeas The yeas and nays have been ordered. ular side of a public poll. On the con- and nays have been ordered. The clerk will call the roll. trary, he was always climbing uphill, The clerk will call the roll. The assistant legislative clerk called all during the thirties and early part of The senior assistant bill clerk called the roll. the forties at the beginning of the war. the roll. Mr. REID. I announce that the Sen- He was fighting to get his policies and Mr. REID. I announce that the Sen- ator from Hawaii (Mr. AKAKA) and the programs through. They were not pop- ator from Hawaii (Mr. AKAKA) and the Senator from Connecticut (Mr. LIEBER- ular ones at all. He led. He said: The Senator from Connecticut (Mr. LIEBER- MAN) are necessarily absent. only thing we have to fear is fear itself. MAN) are necessarily absent. The PRESIDING OFFICER. Are there That was his legacy, freedom from fear. The PRESIDING OFFICER. Are there any other Senators in the Chamber Now we have global anxiety that any other Senators in the Chamber de- who desire to vote? siring to vote? President Clinton talked about—the The result was announced—yeas 24, The result was announced—yeas 30, fear of the worker and the farmer in nays 74, as follows: America. They do not know how long nays 68, as follows: they will be able to continue to [Rollcall Vote No. 248 Leg.] [Rollcall Vote No. 249 Leg.] produce, how long they will have a job, YEAS—30 YEAS—24 how long they will have a family, how Ashcroft Hollings Sessions Ashcroft Helms Reed long they will have financial security. Bunning Hutchinson Shelby Byrd Hollings Sarbanes My amendments are not against Campbell Inhofe Smith (NH) Campbell Inhofe Smith (NH) Collins Jeffords Snowe China. They are against the United Collins Jeffords Snowe Conrad Kennedy Specter DeWine Kennedy Specter States and its failure to compete in DeWine Kohl Thompson Edwards Kohl Thompson international trade. Congress has the Dorgan Leahy Thurmond Feingold Lautenberg Torricelli fundamental responsibility—article I, Feingold Mikulski Voinovich Harkin Mikulski Wellstone Hatch Santorum Warner section 8 of the Constitution—the Con- Helms Sarbanes Wellstone NAYS—74 gress, not the President, not the Spe- Abraham Enzi Mack NAYS—68 cial Trade Representative, but the Con- Allard Feinstein McCain gress shall regulate foreign commerce. Abraham Edwards Lott Baucus Fitzgerald McConnell But we have been abandoning this re- Allard Enzi Lugar Bayh Frist Miller Baucus Feinstein Mack Bennett Gorton Moynihan sponsibility. We do not debate it in the Bayh Fitzgerald McCain Biden Graham Murkowski elections. We are now up to a $350 bil- Bennett Frist McConnell Bingaman Gramm Murray lion, almost a $400 billion deficit, cost- Biden Gorton Miller Bond Grams Nickles Bingaman Graham Boxer Grassley ing us 1 percent of our GNP. Moynihan Reid Bond Gramm Murkowski Breaux Gregg Robb Boxer Grams Brownback Hagel We are in bad shape, but nobody Murray Roberts Breaux Grassley Bryan Hatch wants to talk about it. They just want Nickles Rockefeller Brownback Gregg Bunning Hutchinson Reed Roth to vote and get out of here. If my col- Bryan Hagel Burns Hutchison leagues debate my amendments, I will Burns Harkin Reid Chafee, L. Inouye Santorum be glad to show them the statistics I Byrd Hutchison Robb Cleland Johnson Schumer Roberts Sessions have corralled. Chafee, L. Inouye Cochran Kerrey Cleland Johnson Rockefeller Conrad Kerry Shelby Mr. President, how much time do I Cochran Kerrey Roth Craig Kyl Smith (OR) have remaining? Craig Kerry Schumer Crapo Landrieu Stevens The PRESIDING OFFICER. The Sen- Crapo Kyl Smith (OR) Daschle Leahy Thomas ator has 5 minutes 20 seconds. Daschle Landrieu Stevens Dodd Levin Thurmond Dodd Lautenberg Thomas Domenici Lincoln Voinovich Mr. HOLLINGS. I will be glad to re- Domenici Levin Torricelli Dorgan Lott Warner linquish that time if the other side is Durbin Lincoln Wyden Durbin Lugar Wyden

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8558 CONGRESSIONAL RECORD — SENATE September 14, 2000 NOT VOTING—2 adopted. Let’s not forget what is at The Senator is recognized. Akaka Lieberman stake here. With China joining the Mr. ROTH. I thank the distinguished The amendment (No. 4129, division WTO, the passage of PNTR will en- Senator from West Virginia for his IV) was rejected. hance dramatically the access of Amer- courtesy. Mr. ROTH. I move to reconsider the ican products—including high tech- The amendment is unnecessary be- vote. nology products—to the Chinese mar- cause the President already has the au- Mr. REID. I move to lay that motion ket. That is why I urge my colleagues thority to negotiate with any country on the table. to vote against this amendment. about any issue at any time. The pro- The motion to lay on the table was Mr. President, I yield the floor. posal is misguided because it seems to agreed to. The PRESIDING OFFICER. All time urge the President to take actions to The PRESIDING OFFICER. The Sen- has expired on the amendment. eliminate a deficit in certain products, ator from Nevada is recognized The yeas and nays have been ordered. even if the balance of trade is not the Mr. KERRY addressed the Chair. Mr. REID. I have a suggestion. result of any market barriers or unfair The PRESIDING OFFICER. The Sen- Maybe we should lower the amount of trade practices. What does this mean ator from Massachusetts. time on a vote to 5 minutes because as a practical matter? Will the Presi- Mr. KERRY. Mr. President, I ask then we could do it in 15 or 20. If we are dent urge the Chinese to void existing unanimous consent the yeas and nays going to have 10-minute votes, I re- contracts until the balance of trade is be vitiated and this be a voice vote. spectfully suggest we do that. People in surplus? We just don’t know. In the The PRESIDING OFFICER. Is there end, this type of intervention in the are coming up to everybody saying: We objection? have places to go, things to do, and market is unwise and, ultimately, Without objection, it is so ordered. counter to our own interests. these votes are taking too long. The question is on agreeing to I will not take any more time be- I would also note that many of the amendment No. 4136. agriculture groups that this amend- cause we have an order in effect that The amendment (No. 4136) was re- the votes are supposed to be 10 min- ment is intended to help support my jected. decision to oppose all amendments. utes, but I hope we could get people Mr. ROTH. I move to reconsider the here to do that. This includes groups representing rice, vote. corn, wheat, and soybean farmers. For AMENDMENT NO. 4136 Mr. L. CHAFEE. I move to lay that these reasons, I urge my colleagues to The PRESIDING OFFICER. In ac- motion on the table. vote against this amendment. cordance with the unanimous consent The motion to lay on the table was I yield the floor. agreement, the question now occurs on agreed to. The PRESIDING OFFICER. The time the Hollings amendment No. 4136. AMENDMENT NO. 4135 allotted to the Senator has expired. Who yields time? The PRESIDING OFFICER. The All time has expired. The PRESIDING OFFICER. The Sen- question now occurs on Hollings The question now occurs on agreeing ator from South Carolina is recognized amendment No. 4135. There are 2 min- to Hollings amendment No. 4135. The for 1 minute. utes equally divided. yeas and nays have been ordered. The Mr. HOLLINGS. Mr. President, at the Who seeks time? clerk will call the roll. present moment we have a $350 billion Mr. HOLLINGS. Mr. President, I The legislative clerk called the roll. deficit in the balance of trade with the want a rollcall on this one because it Mr. NICKLES. I announce that the People’s Republic of China, and it deals with agriculture. At the present Senator from Utah (Mr. HATCH) is nec- promises to increase. But proponents of time, surprisingly, we have a deficit in essarily absent. the bill say: No, this is going to open the balance of trade overall in agri- I further announce that, if present the market in China for advanced tech- culture with the People’s Republic of and voting, the Senator from Utah (Mr. nology. China. We do have a plus balance of HATCH) would vote ‘‘no.’’ At the moment, we do have a deficit trade in wheat, corn, rice, and soy- Mr. REID. I announce that the Sen- in the balance of trade in advanced beans. We want to maintain that trade. ator from Hawaii (Mr. AKAKA) and the technology, according to the Depart- We want to help that wheat farmer in Senator from Connecticut (Mr. LIEBER- ment of Commerce, of $3.5 billion. So Montana. MAN) are necessarily absent. this amendment says, after January 1, So this amendment simply says, if we The PRESIDING OFFICER. Are there from thereafter, if it exceeds $5 billion, get to a deficit in the balance of trade any other Senators in the Chamber de- that the President try to renegotiate for America’s farmers in wheat, corn, siring to vote? and get better terms. This is only a re- rice, or soybeans, that the President is The result was announced—yeas 16, quest on behalf of the President. requested to see if he can negotiate a nays 81, as follows: This amendment ought to be adopt- better term. That is all the amendment [Rollcall Vote No. 250 Leg.] ed, really, by a voice vote. We can do calls for. away with the rollcall, if you want to. I am sure the farmers want a re- YEAS—16 The PRESIDING OFFICER. The Sen- corded vote on this one. They want us Byrd Hollings Shelby ator from Delaware is recognized. Campbell Hutchison Smith (NH) to show we are supporting America’s Dorgan Inhofe Specter Mr. ROTH. Mr. President, I rise in agriculture. Feingold Mikulski Wellstone opposition to the Hollings amendment. The PRESIDING OFFICER. The Sen- Harkin Sarbanes What this amendment would do is to ator from Delaware is recognized. Helms Sessions urge the President to negotiate with Mr. ROTH. Mr. President, I rise in NAYS—81 the Chinese whenever there is a deficit opposition to this amendment. This Abraham Craig Inouye in advanced technology products, even amendment is both unnecessary and, Allard Crapo Jeffords when there are no allegations of unfair Ashcroft Daschle Johnson with all due respect to my good friend, Baucus DeWine Kennedy trade practices. It is unclear what the misguided. Bayh Dodd Kerrey result of these negotiations would be. The amendment is unnecessary be- Bennett Domenici Kerry Will the President urge the Chinese to cause the President already has—— Biden Durbin Kohl Bingaman Edwards Kyl prevent U.S. companies from Mr. BYRD. Mr. President, may we Bond Enzi Landrieu transacting business in China until the have order. Boxer Feinstein Lautenberg balance of trade in these products The PRESIDING OFFICER. The Sen- Breaux Fitzgerald Leahy moves into surplus? Or will the Presi- ator from West Virginia is absolutely Brownback Frist Levin Bryan Gorton Lincoln dent raise barriers to imports into our correct. The Senate will be in order. Bunning Graham Lott own market, until the desired balance We will suspend until the Senate is in Burns Gramm Lugar is achieved? order. Chafee, L. Grams Mack Cleland Grassley McCain Whatever the intended result, the Will the Senators to the Chair’s right Cochran Gregg McConnell price to our farmers and workers would please take their conversations off the Collins Hagel Miller be too high if this amendment were floor. Conrad Hutchinson Moynihan

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8559 Murkowski Rockefeller Thomas This is an exceptionally difficult de- We should use the annual review as it Murray Roth Thompson Nickles Santorum Thurmond cision for me. was intended—to actively debate and Reed Schumer Torricelli I have studied the issue for many question whether China deserves con- Reid Smith (OR) Voinovich months. tinued access to the U.S. market. Robb Snowe Warner I have weighed the pros and cons of If we had ever used the annual review Roberts Stevens Wyden granting China PNTR, and I acknowl- to deny China access to our market, it NOT VOTING—3 edge that there are strong arguments could have exerted pressure on China Akaka Hatch Lieberman on both sides. to improve its behavior. I will oppose PNTR for China. The amendment (No. 4135) was re- It could even have worked to exert I believe we should engage China— jected. but not embrace China. pressure if China had ever believed that Mr. ROTH. Mr. President, I move to We all want to increase trade with its access to our market was in jeop- reconsider the vote. China. ardy. Mr. MOYNIHAN. I move to lay that I want to see the United States not I believe we should retain and motion on the table. only win Nobel Prizes but also win new strengthen our annual review because The motion to lay on the table was markets. it is a practical and prudent tool. agreed to. I want the United States to reap the Otherwise, it will be much more dif- AMENDMENT NO. 4137 rewards of great new American ideas ficult to raise the numerous concerns The PRESIDING OFFICER. The Sen- by developing new American products we have about China. ator from South Carolina is recognized. and exporting those products around There are at least 6 key factors that Mr. HOLLINGS. This amendment the world. lead me to oppose PNTR for China. deals with the Export-Import Bank. I want U.S. industries which can ben- U.S. NATIONAL SECURITY WILL BE JEOPARDIZED James Harmon, president, stated that efit from lower trade barriers in the principal beneficiaries under the China—such as high tech companies I am worried that by transferring our Export-Import Bank had a 700,000 job and agricultural producers—to reap the wealth and technology to China it will loss or more during the past 10 years. rewards from this agreement. enable Beijing to build its war machine What we are doing, in essence, is fi- Ambassador Barshefsky and the ad- with more smart weapons and techno- nancing our own demise. So the amend- ministration did a great job in negoti- logical developments. ment simply states that when you ating a trade agreement to bring down Media reports indicate that China apply for this particular subsidy, you China’s trade barriers to the United uses U.S. computers to develop its nu- must certify that you haven’t moved States. clear arms—such as illegally using U.S. your manufacture overseas or that you Although China’s trade barriers to supercomputers to simulate warhead haven’t sent your advanced technology the United States still remain much detonations without actual under- abroad. higher than U.S. trade barriers to ground tests. Many of my colleagues have been China, this agreement is a big step for- This and other practices lead me to trying to catch a plane. I wish they ward. believe that China’s use of U.S. tech- would take me with them. As a result, Yet I cannot ignore so many other nology to build its war machine will I ask unanimous consent to vitiate the factors in making this crucial and far- only increase if we grant it PNTR sta- order for a rollcall vote. reaching decision. tus. The PRESIDING OFFICER. Without I believe that the downside of this Taiwan already lives in fear that ef- objection, it is so ordered. agreement has been significantly dis- forts to declare independence from The question is on agreeing to the missed and the benefits have been China will result in military action Hollings amendment No. 4137. greatly exaggerated. from Beijing. So even though I believe and support The amendment (No. 4137) was re- This fear will only increase if China’s trade, I do not believe we should grant jected. military might is strengthened and it permanent trade privileges to coun- Mr. ROTH. Mr. President, I move to continues to break every nuclear non- reconsider the vote. tries—such as China—at any price. Instead, we should trade with China proliferation agreement it claims it Mr. MOYNIHAN. I move to lay that but not grant it PNTR status. will respect. motion on the table. We should continue to review our I cannot ignore China’s continued The motion to lay on the table was trade relationship with China on an an- blatant disregard for international nu- agreed to. nual basis. clear non-proliferation agreements. Ms. MIKULSKI. Mr. President, to- Since 1980, Congress has had the legal Despite its repeated commitments to day’s vote will set the course for Amer- right to review the President’s annual such agreements, China remains one of ica’s relationship with China into the decision to grant China Most Favored the key suppliers of nuclear technology future. Nation, MFN Status. and expertise to several rogue coun- The debate is about whether the Unfortunately, we have rarely taken tries. United States should grant China Per- advantage of this right. Who are they? manent Normal Trading Relations, For the most part, Congress has rub- Pakistan, Iran, North Korea and PNTR status or continue the annual ber stamped the President’s decision to Libya. review of China’s trade status. give China full trading rights and ac- As recently as July of this year, the It is not a debate on whether we cess to the U.S. market without asking should trade with China. United States learned that China con- for concessions. tinues to assist Pakistan in building Granting PNTR to China will estab- I voted against granting China MFN lish China as a full partner—not just in long-range missiles that could carry after the Chinese Government mas- nuclear weapons. trade, but in every aspect of inter- sacred thousands of Chinese citizens at This dangerous irresponsible behav- national relations. Tiananmen Square in 1989. ior cannot be ignored especially be- It will end our ability to review and The majority of my colleagues also cause Kashmir remains such a volatile challenge China’s trade status on an voted to deny China MFN and together area. annual basis. we took a firm stand against China’s Denying PNTR to China will main- brutal massacre. China continuously avoids its inter- tain our national sovereignty in our I wish President Bush had not vetoed national obligations. dealings with China. our decision. It flagrantly jeopardizes inter- It will retain our right to annually If he had upheld our vote, China national security at a time when its review America’s trade relationship would have learned that its behavior trade relationship with the United with China. could jeopardize its access to the U.S. States is still undecided. It will retain our right to exert pres- market. So the American people can be sure sure on China to improve on various Instead, President Bush taught the it will take even more egregious steps fronts—from human rights to nuclear Chinese Government that it could lit- if its trade relationship with the proliferation. erally get away with murder. United States becomes permanent.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8560 CONGRESSIONAL RECORD — SENATE September 14, 2000 CHINA’S POOR RECORD OF COMPLIANCE WITH Their fear stems, in part, from the It’s not just a jobs issue—it’s a na- EXISTING INTERNATIONAL AGREEMENTS fact that U.S. industries trying to com- tional security issue. How do we have fair trade with a pete with dumped products from other During times of war, we cannot rely country that has not fairly lived up to countries often reduce workers wages on foreign steel. its previous international agreements? or cut the workforce to reduce costs. Steel won’t be the only industry that China has made efforts at the na- Some estimates indicate that China’s suffers if China continues to enjoy its tional level to improve its compliance continued dumping of cheap imports current access to our markets. record. into the United States will eliminate If we grant China PNTR, other vital Yet these efforts mean little in prac- over one million jobs by 2010. U.S. industries will be harmed by Chi- tice, because they are so often ignored I share their concern and the facts na’s dumping of cheap products. at the local and provincial levels. back it up. China’s continued dumping of cheap For example, Beijing repeatedly There is also the legitimate fear that goods has contributed to our inflated promises to comply with intellectual American jobs will be lost because U.S. trade deficit with China. property agreements. companies will move their production The United States is already too de- But factories throughout China con- to China. pendent on Chinese imports—which is tinue to turn out pirate videos and Why would not the U.S. companies the main reason for our extraordinarily CDs—with a wink and a nod from the move to China when they can pay their high trade deficit with China. local government. workers $10 a day—rather than $10 an Continued dumping of cheap products The effect is a failure to protect hour? by China will further increase this def- against infringement of U.S. copy- Why wouldn’t they move to China icit which today is over $68 billion and rights, trademarks and patents. when they can take advantage of Chi- by 2010 is estimated to increase to $131 Will China improve its record of com- na’s exploited workers who are used to billion if we grant China PNTR status. pliance once it joins the WTO? poor working conditions, long hours CHINA’S ABYSMAL TREATMENT OF ITS OWN Unfortunately, there’s no reason to and poor pay? PEOPLE think it will. Why wouldn’t U.S. companies move Even ardent supporters of granting The WTO simply doesn’t have strong to China where they don’t need to com- China PNTR agree that China has a enforcement mechanisms. ply with America’s stringent labor and horrendous human rights record. The WTO is a multilateral, bureau- environmental regulations. In fact, the State Department has cratic institution. Corporate profits would soar, but recognized China as one of the worst We cannot expect it to adequately re- American production would plummet. offenders of human rights in the world. solve our battles with China. How can we claim that American Over the last 50 years, China has per- If we grant China PNTR status and it workers won’t suffer if these fears are secuted 80 million people. joins the WTO, we will still have to realized? The government continues to arrest It is likely that many will either lose fight our own trade battles with China. political activists, suppress ethnic mi- their jobs or see lower pay checks. THE POTENTIAL BENEFITS OF THIS AGREEMENT norities and prohibit freedom of speech HAVE BEEN SIGNIFICANTLY OVERSTATED The minimum wage here is already too spartan. and religion. We’re told that when China opens its The same leaders who negotiated this markets, we will increase our exports I can only envision what it will be- come if we grant China PNTR. It could trade agreement, will not allow Chi- and decrease our staggering trade def- nese Catholics, Christians or Tibetan icit with China. be reduced to an even lower global min- imum wage that is tied to the Chinese Monks the freedom of worship. But open markets does not mean Even as we debate this agreement, that China will actually buy our goods. yen rather than the U.S. dollar. How can we turn our backs on Amer- China has plans to ‘‘settle’’ over 58,000 Evidence indicates that China will ican workers simply for short-term people in Tibet in an effort to further resist abiding by its agreement with corporate gain? weaken the religion and culture of the United States by maintaining bar- In addition, continued dumping by Tibet. riers to U.S. products and investment. China will lead to irreparable damage I agree with a statement that was re- Chinese leaders have stated that the to important U.S. industries. cently brought to my attention by Car- concessions they made are just expres- For example, China will dump even dinal William H. Keeler, the Arch- sions and theoretical opportunities more cheap steel into the U.S. market bishop of Baltimore. rather than binding commitments. and further harm the U.S. steel indus- He informed me that the United They have also indicated that they try. States Commission on International will look to trade remedies to limit China is the largest producer of crude Religious Freedom in their assessment U.S. goods from entering into China. steel. Its already huge industry con- of China PNTR stated the following: CHINA NOW DUMPS ITS CHEAP PRODUCTS INTO tinues to grow at nine to ten percent a While many Commissioners support free OUR MARKETS AND WILL INCREASINGLY DUMP year. trade, the Commission believes that the U.S. MORE To be profitable, it will have to sell Congress should grant China permanent nor- China’s persistent practice of preda- this steel to markets outside of its bor- mal trade relations only after China makes tory dumping jeopardizes U.S. jobs and ders. substantial improvement in respect to reli- threatens to reduce wages of hard- So if we grant China PNTR status, gious freedom. working Americans. we can expect that much more Chinese I believe that China must also make I have spent my entire life trying to steel will be dumped into the U.S. mar- substantial improvements to respect save jobs, save communities and help ket. other fundamental human rights, people who are trying to help them- Despite the fact that the U.S. steel whether it is gender equality or labor selves. industry has won many anti-dumping rights. I am a blue collar Senator. disputes, steel imports are up 23 per- The evidence indicates that it has a My heart and soul lies with blue-col- cent this year from last year. long way to go on these fronts as well. lar America. Why? It is well known that China treats My career in public service is one of Because the Administration fails to women as property rather than as indi- deep commitment to working-class apply antidumping duties to the extent viduals with fundamental human people. it should to protect this vital U.S. in- rights. I have fought and continue to fight dustry. Family planning officials impose for economic growth, jobs and opportu- This will lead to continued suffering forced abortions or sterilizations on nities in America, in particular in my for the U.S. steel industry, which has women to limit China’s population own State of Maryland. already been forced to reduce salaries growth. I have heard from the working people and cut its workforce in order to re- China also fails to apply its domestic of Maryland. Most fear for their jobs main competitive. laws to protect women and children and security if we grant China PNTR We cannot lose the American steel from being sold within China or to pre- status. industry. vent them from being trafficked to

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8561 other countries, such as Thailand, Tai- nomic status and gender equality of haps more importantly, American wan, Japan, Canada and even the women in China. ideas and ideals. United States. How can we consider granting China The approach of merely wielding the It is also common knowledge that PNTR status and argue that it will stick has not proven effective and, China exploits its workers. help improve the human rights situa- therefore, it is time to engage with Chinese workers are prohibited from tion in China when we refuse to sup- China on a different level. A level that forming or joining labor unions. port efforts to protect and promote the will allow us new opportunities to im- They cannot bargain collectively to fundamental human rights of women in prove not merely the bottom-line of improve their wages or their working China? American farmers and entrepreneurs, conditions. Mr. President, I believe in free trade but the rights and freedoms of the Chi- They are prohibited from advocating as long as it’s fair trade. nese citizens as well. In the end, I be- for workers’ rights for themselves or I’ve supported trade agreements that lieve strongly that this will be the en- on behalf of others. represents our national interest and during legacy of this new relationship. Those Chinese workers who attempt our national values. In all honesty, I do not enter this de- to exercise any of these rights are But this agreement does not meet bate armed solely with high-minded often beaten and/or thrown in political these criteria. objectives for improved relations and prisons. Trade in itself does not yield democ- greater freedoms for the Chinese. No, I My colleagues in the House worked racy, human rights or stability. am blessed to be a U.S. Senator solely hard to create a Human Rights Com- These goals would best be achieved because the citizens of Kentucky have mission in this legislation to maintain by a robust annual review. allowed me to hold this office, and, pressure on China to improve its In fact, access to the freedom of ideas thus, I confess that it is also for paro- human rights record. on the Internet will do more to achieve chial reasons that I am enthusiastic Although this Commission could be these goals than a trade agreement about our improving trade relationship useful in monitoring China’s human ever could. with China. rights record, it lacks enforcement I will oppose granting China PNTR Kentucky is home to more than power to ensure that China’s record ac- status. 125,000 jobs that are supported by ex- tually improves. I cannot support trade at any price— ports. That number has increased by So long as China has permanent especially when the price is American 15,000 since the implementation of the trade privileges with the United States security, American jobs and American North American Free Trade Agree- it will lack any incentive to improve values. ment. I might add as an aside, Mr. its human rights record. Mr. MCCONNELL. Mr. President, it is President, that during debate of that We would have much more leverage an honor to rise today in support of historic agreement we heard many of over China if it sincerely believed that H.R. 4444, a bill granting permanent the same sky-is-falling arguments its trading privileges with the United normal trade relations to China. While which are being used during this de- States could be jeopardized each year there is considerable and legitimate de- bate. Well, they were wrong then, and because of its appalling human rights bate on this measure, for this Senator they are wrong today. violations against its own citizens. it is a simple choice. Those 125,000 Kentucky workers were At its base, this is a common sense GRANTING CHINA PNTR STATUS WILL RESULT IN responsible for more than $9.6 billion in UNITED STATES ADOPTING AN INDEFENSIBLE issue—does the United States want its exported goods in 1999, a figure that DOUBLE STANDARD BOTH IN OUR RELATION- businesses, its farmers, its manufactur- has grown by $6 billion since 1993. SHIP WITH OTHER COUNTRIES AS WELL AS IN ers to have the same advantages that Yet, despite those impressive statis- OUR OTHER DEALINGS WITH CHINA every other member of the Word Trade tics, there is incredible room for I’ve heard many of my colleagues say Organization will enjoy? Or, because of growth in Kentucky’s export economy. that trade will lead to democracy. our desire to score political points, do The latest available statistics show If this is true in China, why isn’t it we wish to shut out American interests that Kentucky exported a mere $69 mil- true in Cuba? and bar them from beneficial inter- lion worth of goods and services to Many of the same people who support action with this enormous market? China in 1999. By way of contrast, Ken- granting China PNTR status oppose As has been pointed out several times tucky export totals were more than every effort to increase trade with during the course of this debate, China $336 million to the Netherlands, $295 Cuba, even the sale of food and medi- already has full access to American million to Belgium and $137 million to cine. markets. However, U.S. businesses do Honduras. It is astonishing that three Another serious inconsistency is in not have reciprocal access to Chinese countries whose total population is our treatment of family planning in markets. It’s a one way street. A vote just over 30 million purchase more China. against H.R. 4444 would serve not to than 11 times the amount of goods On the one hand, supporters of PNTR punish China for behavior we find dis- from Kentucky than do China’s 1.3 bil- argue that granting China PNTR sta- tasteful but, rather, would forbid lion citizens. In short, a country with tus will help improve China’s human American industry and farmers from 124 times the population of Belgium rights record. taking advantage of the agreements should not be purchasing $200 million But on the other hand, we deny fund- our Government worked for 13 years to less in Kentucky products. Clearly, the ing for vital programs to improve the secure. Let me repeat that. United States must aggressively alter human rights situation in China for Defeating PNTR would in no way our relationship with China in order to women. force China to alter its behavior, it reverse this perverse trend, and that is For example, since 1979 we have ei- would however single out U.S. interests exactly what we propose to accomplish. ther denied or limited our contribution as ineligible from benefitting from Kentuckians are calling for these to the United Nations Population hard-won concessions. That is an unac- changes and they have been outspoken Fund, UNFPA because it works with ceptable alternative. in their support and clear in their un- China. We all agree that our relationship derstanding of what is at stake. I want We rightly criticize China’s one child with China is complex and evolving. to share with the Senate some of the policy which results in forced abortion The United States must remain strong persuasive arguments they have offered or sterilization to limit women to hav- and active in its pursuit of increased in support of action I hope we will ing only one child. security and improved human rights in shortly take. But we refuse to contribute to valu- China. But, we will not be able to ac- I have heard from countless Kentuck- able efforts aimed to combat these bar- complish any of our goals if we decide ians describing how normalizing our baric practices. to erect our own Great Wall, and refuse trade relations with China will improve We actively choose not to fund to interact with the Chinese people. their businesses. I heard from folks UNFPA programs that provide repro- Rather, by taking advantage of hard- like Alan Dumbris. Alan is the plant ductive health and family planning won access we will be able to export manager of PPG Industries which man- education as well as improve the eco- not only American products, but, per- ufactures coatings, glass chemicals and

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8562 CONGRESSIONAL RECORD — SENATE September 14, 2000 fiber glass products. Here is how he music to the ears of my farming fami- cussed PNTR and the possibility of framed the debate: lies who have been caught in the cross- selling American tobacco, particularly Here at the Berea, Kentucky facility, 140 hairs of an unprecedented legal and po- Kentucky burley tobacco, to China. We associates work together to satisfy our cus- litical assault for the past seven years. are working through tough issues and tomers while contributing over $6 million to The importance of tobacco to Ken- the Chinese have now agreed to buy the local economy. We believe that PNTR is tucky’s economy cannot be overstated. American tobacco. Through my rela- good for PPG and good for our facility.... I have been on this floor defending my tionship with Ambassador Li, I was Without PNTR, PPG Industry’s competitors tobacco farmers every year since I first able to arrange a meeting on June 16 will have preferential access to Chinese mar- came to the Senate 16 years ago. And, kets. between the Chinese Trade Minister/ let me tell you, I long for those times Counselor here in Washington, D.C. and It is clear to me that Alan Dumbris when tobacco was not the pariah it has representatives of the Burley Tobacco understands this issue, and he’s right been shaped into over the past few Grower’s Cooperative Association, the on the mark. He sums it up clearly and years by an Administration bound and Council for Burley Tobacco, the Ken- concisely; if we refuse to grant PNTR determined to put these farmers out of tucky Farm Bureau Federation and my to China, Americans will be forced to business. staff. operate at a severe disadvantage from And, as we all know, there is a lot of I have encouraged the Burley To- their international competitors. That debate about the legacy of President bacco Growers Cooperative and the is common sense, and that is why Alan Clinton and Vice President Gore. But, I other Kentucky representative tobacco agrees that we should send this bill to think it is clear that their national organizations to strongly pursue the the President. war on tobacco has achieved dev- Chinese market by meeting with rep- I also heard from Ronald D. Smith, astating results. Just ask my tobacco resentatives of China’s tobacco inter- President of Gamco Products Company farmers in Kentucky. In fact, for the ests. In fact, earlier this month, I in Henderson, KY. Gamco employs very first time tobacco will not be Ken- joined the Burley Tobacco Grower’s Co- nearly 400 people in Henderson which is tucky’s largest agricultural money operative and Kentucky’s Farm Bureau a small town on the banks of the Ohio maker. in a meeting with members of China’s River in western Kentucky. The em- The past 7 years have been dev- Inspection and Quarantine Office who ployees at Gamco produce zinc die astating to Kentucky’s tobacco econ- were in Kentucky to look over our to- casting, which is used on faucets and omy and farm families. The cold polit- bacco crop. other products. Here is how Ronald ical calculations which went into de- Finally, I intend to help our Burley Smith of Henderson stated his support: monizing tobacco during the previous Tobacco Growers Cooperative arrange U.S. manufacturers, like us, deserve a fair Presidential campaign made clear that a trip to China for later this year. I chance at securing a portion of this business. this Administration was not interested plan to arrange meetings with govern- The current business structures impede our in what might happen to the impacted ment officials and tobacco buyers in success. China’s accession to the WTO would farmers. As a result of their efforts, China to establish the business rela- have very positive benefits to our organiza- quota has been cut so much that Ken- tionships necessary for us to sell our tion in the years ahead. tucky’s farm families are only growing product to China down the road. Again, I say that Kentuckians under- one-third of what they produced just Mr. President, if I might, I would like stand the issue clearly. What is at three years ago. This translates into to quote one more Kentuckian. Donald stake here is fundamental fairness and real loss of income—not just low prices Mitchell is a 38-year old, lifelong to- opportunity for Kentucky and Amer- that will bounce back—quota cuts bacco farmer from Midway, Kentucky ican businesses. mean many Kentucky farmers won’t be whose family has been in the tobacco But it is not merely manufacturers able to pay their bills. business for generations. He accurately that contacted me with their unequivo- That’s why you saw me down here in sums up the potential of the Chinese cal support for PNTR. The agriculture 1999 and again this year, fighting to market when he says: sector has been consistently enthusi- make sure tobacco farmers were, for I think voting for PNTR for China is an ex- astic in calling for improved access to the first time in history, included in cellent chance to market our burley tobacco Chinese markets for their products. our most recent agriculture economic to the world’s largest tobacco consumer. And, as anyone who has followed the assistance packages. Tobacco farmers And, today we need every opportunity—and difficulties our farmers have faced over are just farmers—it’s not their fault this is a major one. the last several years knows, the clear- that this Administration decided that Is Donald Mitchell suggesting that est opportunity for improving agri- they were politically dispensable and exporting tobacco to China is a guaran- culture’s bottom-line lies in expanding that their crop was now politically in- teed solution for Kentucky’s farmers? our exports. correct. Thanks to the Clinton-Gore No. But, he is correct in recognizing Here, I would like to quote another Administration and their trial lawyer that this is an incredibly important Kentuckian. Steve Bolinger is the friends, 15,000 Kentucky tobacco farm- first step. And I predict that once the President of the Christian County ers are now out of business. Again, that Chinese get a shot at American to- Farm Bureau Federation, and he hits has had a real impact on Kentucky’s bacco, they are going to want more. the nail on the head when he states: rural communities. No money to buy This is the best new market in the world, and we’re going to be in this for This could be an excellent opportunity for tractors. No money to buy fertilizer. Christian County considering we raise over No money to buy seed. And even more the long haul. We must work each 17,000 head of beef cattle. These farmers will devastating, in many cases, no money year, first to begin, and then to in- surely benefit from the trade agreement as to pay the rent or buy the food or put crease, our sales there. China has agreed to cut tariff rates from 45 shoes on a child’s feet for school. Yet, So, Mr. President, I close where I to 25 percent on chilled beef.... Granting despite this harsh reality, during the began. I recognize that there is room PNTR for China will not just benefit farmers past seven years there has not been one for legitimate debate on the subject of in Christian County, it will benefit all of request in any of the Clinton/Gore granting China Permanent Normal America and China. budgets for one dime to aid tobacco Trading Relations—but to this Sen- I cannot improve on Steve’s assess- farmers. Regardless of one’s opinion on ator—the issue is clear. I am going to ment. tobacco, that fact is disgraceful. support passage of this measure, be- There is a final, but vitally impor- But Kentuckians are optimistic by cause I am convinced it will provide tant issue relating to U.S.-China trade nature, and we haven’t lost hope. We Americans a level playing field that that I would like to take a few minutes are looking for ways to move forward. they have not yet enjoyed. Further, I to discuss. Kentucky’s tobacco farmers We’re looking east—we’re looking Far am going to do everything in my power are in desperate need of new markets East. China is one market that has the to take advantage of this improved re- for their product. I think its clear that potential to buy our crop—and lots of lationship to assist Kentucky’s tobacco China provides such a market—in fact, it. And I’m doing all I can to get that farmers as they work to gain access to one might say there are 1.3 billion rea- market open and keep it open. China’s market. sons for this Kentucky Senator to sup- On June 6th of this year I met with Mrs. LINCOLN. Mr. President, I came port PNTR. This potential market is Chinese Ambassador Li, and we dis- to the floor earlier this week to express

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8563 my strong support for passage of the has a value system and history that are tion from disruptive imports for our permanent normal trade relations leg- so unlike our own. domestic producers three years beyond islation currently before the Senate. Despite the fact that China is a coun- the expiration of all textile quotas in During the course of debate on this try old enough that its history is 2005 under the WTO Agreement on Tex- issue we have heard several points of counted by centuries rather than by tile and Clothing. I would also point view and have considered several decades, I believe that there is still out that, were we not to pass PNTR for amendments to the underlying legisla- much that we do not understand about China, our existing import quotas on tion. that nation—and that lack of under- Chinese textiles will expire at the end I would like to be abundantly clear standing appears to run both ways. For of the year with no hope of renewal for the RECORD that I am joining sev- instance, I simply cannot understand through future negotiations with eral of my colleagues that support pas- the attitude of the Chinese leaders on China. sage of PNTR by voting against all issues that we consider to be basic Those on both sides of this issue have amendments to this vital legislation. human rights—like religious freedom. published reports that attempt to This does not mean that I do not sup- Nor can I understand their previous re- project the impact on jobs of granting port some of the amendments and ini- luctance to comply with the terms of China PNTR. Given the vast and com- tiatives that have been presented be- international trade agreements. pletely conflicting findings, it was par- fore this body. It is unfortunate that As a result, I have found the decision ticularly difficult to judge the validity our time in the Senate has not been on whether to vote to establish perma- of these reports. An Economic Policy managed in a way that provides us nent normal trade relations with China Institute analysis suggests that Maine with the adequate time to appro- to be one of the more difficult deci- would lose 20,687 jobs by 2010 were Con- priately debate and amend a vital piece sions I have made as a Senator. Ulti- gress to approve PNTR for China. Clos- er inspection of the EPI projections for of legislation without running the risk mately, after much deliberation, I have Maine, however, reveal fatal flaws in of its complete demise. decided that the opportunities afforded I, along with many others, have been our nation by expanding the global the analysis, as the University of calling for Congress to take up and marketplace and by supporting China’s Southern Maine’s respected economist pass PNTR legislation since February membership in the World Trade Orga- Charles Colgan has pointed out. For ex- of this year. We are nearing the end of nization make PNTR in the best inter- ample, the EPI numbers for Maine, when broken down by industry, project this legislative session and, unfortu- ests of our nation. For the first time, that Maine will lose 18,091 jobs in the nately, time is a precious commodity. this agreement will help ensure that shoe industry over the next ten years. We have a backlog of appropriations China reduces trade barriers, opens its Yet, according to Maine Department of bills that must be completed prior to markets to American goods and serv- Labor figures, Maine has only 5,800 jobs October 1st and any successful amend- ices, and follows the rules of inter- in the entire industry. This one dis- ments to this bill could force a con- national trade. crepancy alone reduces by more than ference committee that would further Nevertheless, this is a close call. I re- 12,000 the projected number of Maine stall and likely doom passage of this main deeply concerned about China’s jobs affected, an inaccuracy that calls essential legislation. record on human rights and its involve- Several of my colleagues have sub- ment in creating instability in the into question the validity of the entire mitted a letter from over 60 agricul- world through the proliferation of EPI analysis. Conversely, the administration and tural related associations and corpora- weapons technology. Consequently, I industry groups have suggested that tions. I, too, received this letter and supported numerous amendments such substantial export and job growth op- the same sentiment has been expressed as Senator WELLSTONE’s amendment on portunities will accompany passage of to me by countless companies and asso- religious freedom and Senator HELMS’ PNTR. While these projections may be ciations, including Federal Express, amendment relating to human rights. I overly generous, I believe that PNTR Wal-Mart, United Parcel Service, was also proud to be a cosponsor and represents, on balance, a net gain for Microsoft, the U.S. Chamber of Com- debate on behalf of Senator THOMP- my State. According to the Inter- merce, and many, many more indus- SON’s nonproliferation amendment. Re- national Trade Administration, tries concerned with expanding our grettably, the Senate did not adopt Maine’s exports to China increased by market opportunities. In addition, I these amendments, but I hope that the 58 percent from 1993 to 1998. Moreover, have heard from many of my constitu- lengthy and impassioned debate sent a small and medium-sized businesses ac- ents in Arkansas including rice farm- message to China that we have not for- count for 63 percent of all firms export- ers, wheat farmers, pork producers, gotten its record on human rights and ing from Maine to China. soybean growers, and various other in- nuclear proliferation. Maine Governor Angus King put it dustries from across my State. All of I have also been concerned about the well when he said, ‘‘The potential for them have urged the Senate to pass impact that granting PNTR would increasing Maine’s already dynamic ex- PNTR as soon as possible. have on American jobs, particularly port growth—and creating more and Many of us have worked to keep this those in my home state of Maine. I better jobs here at home—will only in- bill clean in order to guarantee its pas- have considered very carefully the con- crease if we can gain greater access to sage and expedite its signature by the cerns of those who have suggested that the Chinese market.’’ President. I am proud that we have granting PNTR for China would have Maine’s best known export may be achieved this goal, and I am proud that an adverse effect on some of our domes- our world-renowned lobster, but the we are now positioned to take advan- tic manufacturers. In fact, I wrote to lobster industry is but one of many tage of China’s continually growing U.S. Trade Representative Charlene natural resource-based industries that markets. I have no illusions about the Barshefsky to express these concerns will benefit from China’s agreement to rigid, Communist regime of China and and to inquire about the import surge lower tariffs and reduce non-tariff bar- I, along with others, want nothing less protections included in the U.S.-China riers to its market. The paper industry, than to improve the quality of life for bilateral agreement. Ambassador which employs thousands of people in citizens of China. I know, however, Barshefsky’s reply, which I will enter my State, supports PNTR because the that the surest way to encourage inter- into the RECORD, discusses the meas- agreement would result in a reduction nal reforms is to open this country to ures in the bilateral agreement that in the current average Chinese tariffs western influence, private enterprise, will provide vulnerable U.S. industries on paper and paper products from 14.2 and the opportunities that come with with protection from surges in Chinese percent to 5.5 percent. The concessions good old American capitalism. imports. Were it not for these protec- made by China regarding trading rights Ms. COLLINS. Mr. President, inter- tions, which are stronger than those in and distribution also will provide new national treaties and trade agreements place with other WTO members, I market access to products manufac- are among the most complex issues to would likely have opposed passage of tured in the paper mills of Maine. come before this body. Their com- this legislation. The potato industry, a mainstay of plexity is increased by an order of mag- The agreement contains a textile- the northern Maine economy, is an- nitude when the country in question specific safeguard that provides protec- other example of a natural resource-

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8564 CONGRESSIONAL RECORD — SENATE September 14, 2000 based industry that stands to gain from concerns of the U.S. shoe and textile indus- The more general product-specific safe- improved access to China’s market. try and Maine’s workers. guard is also available and will allow us to More and more, the potato farmers of We believe that a number of provisions of impose restraints focused directly on China our bilateral agreement and WTO accession in case of an import surge based on a stand- Maine are delivering their products not generally will increase market access for ard that is easier to meet than that applied only to grocery stores, but also to Maine’s exports to China and likely benefit to other WTO Members. This protection re- processing plants that produce items Maine’s farmers, workers, and industries. In mains available for a full 12 years after Chi- such as french fries and potato chips. the agricultural sector, U.S. farmers no na’s WTO accession. A more detailed descrip- Tariffs on these products are now a longer will have to compete with China’s tion of these two safeguard measures is at- prohibitive 25 percent, but will be re- subsidized exports to other markets. China tached to this letter. has also agreed to eliminate sanitary and duced under the agreement by about 10 In addition to these two safeguard mecha- phytosanitary barriers that are not based on nisms, we believe that existing U.S. trade percent. The Maine Potato Board has sound scientific evidence. In addition, ex- laws, as augmented by the provisions of the endorsed PNTR and expects to see a porters will benefit from obtaining the right November 1999 bilateral agreement (includ- significant expansion in the global to import and distribute imported products ing the provisions of H.R. 4444), provide ade- french fry market as a result of these such as fish, fishery products, and lobsters in quate means to address the shoe and textile tariff reductions. China and from tariff cuts on potatoes, po- industries’ concerns about imports from The opening of China’s markets also tato products, and dairy products. Maine’s China. In particular, we would note that the will benefit many of Maine’s manufac- key export sectors will benefit from reduced agreement allows the United States to con- tariffs in China, strong intellectual property turers. Companies such as National tinue to use existing NME provisions with protection and improved trade rules pro- respect to China for 15 years after China’s Semiconductor and Fairchild Semicon- tecting U.S. industries against unfair trade entry into the WTO. Lastly, when China be- ductor will benefit from the elimi- practices including: comes a member of the WTO, the United nation of tariffs on information tech- Tariff elimination for information tech- States will be able to ensure that China nology products and agreements to re- nology products; abides by its commitments under the Agree- move non-tariff barriers to the Chinese Major tariff reductions for paper, wood ment on Subsidies and Countervailing Meas- products, construction equipment, heating ures which are clarified in our bilateral market. Pratt and Whitney, which equipment, leather products, footwear ma- manufactures jet engines in North Ber- agreement. When we determine that an in- chinery, footwear and parts; dustry is market oriented or that China is no wick, ME, is already a major exporter Low tariffs for most chemicals at WTO longer a non-market economy, U.S. counter- to China and considers PNTR a critical harmonization rates; vailing duty law will apply. component for the future growth of its Elimination of import restrictions for con- When China accedes to the WTO, the bilat- business. Moreover, enactment of struction equipment and footwear machin- eral quotas currently in force with China ery. will be incorporated into the WTO Agree- PNTR will ensure that Pratt and Whit- The agreement will also open the Chinese ment on Textiles and Clothing (ATC). As of ney can compete on equal footing with market to a wide range of services, including January 1, 2005, in accordance with the its European competitors to supply en- telecommunications, banking, insurance, fi- agreements reached as part of the Uruguay nancial, professional, hotel, restaurant, tour- gines and parts for the 1000 commercial Round, all textile quotas will be eliminated, ism, motion pictures, video distribution, aircraft China will purchase by 2017. however, additional protections have been software entertainment distribution, peri- My support for PNTR reflects my be- incorporated into the agreement for the ben- odicals distribution, business, computer, en- lief that Maine workers will excel in an efit of the U.S. industry. For example, in ad- vironmental, and distribution and related dition to the two safeguard mechanisms, the increasingly global economy. In Ban- services. More detailed information on im- gor, for instance, the community is de- proved market access for specific sectors can U.S. established low annual quota growth veloping the Maine Business Enterprise be found at the USTR website www.ustr.gov. rates, which will be the base for quota Park. The park is projected to create The bilateral WTO accession agreement growth during the ATC phase-out period. also provides for substantial improvements China’s weighted average annual growth rate 2,500 new jobs in technology-intensive is presently 0.9722 percent, compared to a fig- industries by providing new and ex- in access for our shoe and textile products to the Chinese market. In addition to phasing ure for WTO Members of 9.1231 percent. Addi- panding companies with the space and in import rights for our companies, China tionally, it is anticipated that any increase trained workforce needed for success will permit them to distribute imports di- in imports from China would come primarily and growth. Undoubtedly, the Chinese rectly to customers in China. The Agreement at the expense of other restricted suppliers. market will be a destination for some also will reduce China’s tariffs on textiles Finally, China’s undertakings to prevent il- of the technology products and will and apparel products from its current aver- legal textile transshipment, and our strong help support Maine’s transition into age tariff of 25.4% to 11.7%—which will be remedies should transshipment occur, in- cluding the ‘‘triple charge’’ penalty, will the new economy. lower than the U.S. average tariff at the time reductions are completed by January 1, continue to apply under the ATC regime. Extending PNTR to China advances With regard to the Economic Policy Insti- the cause of free trade, opens China 2005. For shoes and shoe components, China’s current average tariff of 25% will be reduced tute’s (EPI) study, a policy brief written by and its market to international scru- to 21% by January 1, 2004. U.S. producers be- the Institute for International Economics, tiny, and binds it economically to the lieve that there are significant opportunities ‘‘American Access to China’s Market: The rules governing international trade. for US exports of textile products such as Congressional Vote on PNTR,’’ clearly re- Ultimately, I believe we need to take high volume, high quality cotton and man- futes the methodology and conclusions of the advantage of the economic opportuni- made fiber yarns and fabrics, knit fabrics, study, especially its questionable correlation of a bilateral deficit with unemployment. In ties that PNTR represents for our Na- printed fabrics; branded apparel, sportswear and advanced speciality textiles used in con- addition, the EPI study purports to be based tion. Therefore, I will vote to grant on the U.S. International Trade Commis- PNTR to China. struction of buildings, highways and filtra- tion products to China. sion’s (ITC) China report that actually sug- At this point, Mr. President, I ask In addition to increased market opportuni- gests substantial benefits for American unanimous consent that a letter from ties for Maine’s workers and industries, Chi- workers, farmers and companies, despite un- Ambassador Barshefsky expounding na’s accession to the WTO will include meas- derestimating the benefits of granting upon the protections contained in the ures to address imports that injure U.S. in- PNTR. For example, the ITC’s calculations bilateral agreement be printed in the dustries, including the textile and footwear did not factor in the effects of vital reduc- tions in restrictions on the right to import RECORD. I yield the floor. industries. Among these measures are two and distribute, reductions in restrictions on There being no objection, the letter ‘‘special safeguards,’’ one of which is specifi- cally for textiles. The textile and apparel in- trade in services, or reductions in Chinese was ordered to be printed in the dustries have recourse to both the special non-tariff barriers. Nor did the ITC’s calcula- RECORD, as follows: textile safeguard and the product specific tions factor in China’s anticipated economic EXECUTIVE OFFICE OF THE PRESI- safeguard. The special textile safeguard is growth and ongoing economic reforms. De- DENT, THE UNITED STATES TRADE available until the end of 2008—four years spite underestimating the benefits of China’s REPRESENTATIVE, after quotas otherwise expire under the WTO accession to the WTO, the ITC’s limited Washington, DC, September 7, 2000. Agreement on Textiles and Clothing. This model nonetheless finds that China’s entry Hon. SUSAN M. COLLINS, can be used by the textile industry to pro- into the WTO will lead to higher incomes in U.S. Senate, tect the market from disruptive imports in the United States and a decrease in our over- Washington, DC. the same manner as under our longstanding all global trade deficit. In simulations of the DEAR SENATOR COLLINS: Thank you for bilateral agreements; there has been no effects of China’s April 1999 tariff offer, the your letter requesting information about our change in the criteria for using this safe- ITC reports that U.S. GDP rises by $1.7 tril- agreement with China on World Trade orga- guard and it is a known quantity for the in- lion and our overall trade deficit decreases nization (WTO) accession relevant to the dustry. by $800 million. Finally, in a letter to EPI,

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8565 the Director of Operations of the ITC stated of our Country about the importance of stering its dominant business and limiting that the EPI study in several ways misrepre- doing one’s duty to God, of serving oth- the inroads of its small competitor. Do we sents the work and the findings of the ITC’s ers, and of being a responsible citizen, really want that kind of conduct to be ille- gal? analysis. and has in turn provided this Nation I hope that this reply addresses your con- Or consider Boeing. Assume Boeing is sell- cerns. If you have any further questions, we with countless distinguished leaders. ing 90 percent of U.S. airliners, always on a would be happy to address them. I find it disappointing that at a time one-price basis despite the continuous addi- Sincerely, when the United States is in critical tion of better features to the planes. Do we CHARLENE BARSHEFSKY. need of organizations that teach our really want Boeing to stop trying to make its competitive position stronger—as it also The PRESIDING OFFICER. The Sen- youth character and integrity, some would choose to attack the Boy Scouts helps travelers and improves safety by add- ator from Delaware is recognized. ing these desirable features—just because Mr. ROTH. Mr. President, there are of America. Few fail to recognize the some of these features were first marketed no further amendments in order to hurdles today’s adolescents face. Con- by other manufacturers? H.R. 4444. Therefore, the 6 hours of de- fronted by obstacles that were un- The questions posed by the Microsoft case bate time remain. It is my under- imaginable in my day, Boy Scouts pro- are (1) What constitutes the impermissible and illegal practice of ‘‘tying’’ a separate standing that the debate time will be vides young people with the knowledge, self confidence and willpower to do new product to a dominant old product and consumed tomorrow and Monday. (2) what constitutes the permissible and Therefore, there are no further votes what is right in difficult situations. legal practice of improving an existing one- this evening. The next vote will be on I commend the Boys Scouts of Amer- price product that is dominant in the mar- Tuesday at 2:15 p.m. on passage of H.R. ica for its dedication to our youth, and ket. 4444. reaffirm my commitment to its preser- The solution, to avoid ridiculous results I ask unanimous consent that all de- vation. and arguments, is easy. We need a simple, improvement-friendly rule that a new fea- f bate time allotted in the previous con- ture is always a permissible improvement if sent agreement be consumed or consid- MICROSOFT LITIGATION there is any plausible argument whatever ered used when the Senate convenes on Mr. BENNETT. Mr. President, I wish that product users are in some way better Tuesday, with the exception of 90 min- off. to call to the attention of my col- utes for each leader to be used prior to It is the nature of the modern era that the leagues an article that appeared on 12:30 p.m. highest standards of living usually come September 1 in the Washington Post, where we find many super-successful cor- The PRESIDING OFFICER. Is there written by Charles Munger, who is the porations that keep their high market shares objection? vice chairman of Berkshire Hathaway, mostly through a fanatical devotion to im- Without objection, it is so ordered. on the issue of the Microsoft litigation proving one-price products. Mr. ROTH. Mr. President, I yield the In recent years, one microeconomic trend and the impact that will have in the floor. has been crucial in helping the United States marketplace. Mr. GRAMS. Mr. President, I suggest play catch-up against foreign manufacturers As I have considered this particular the absence of a quorum. that had developed better and cheaper prod- issue, as I pointed out to my col- ucts: Our manufacturers learned to buy ever- The PRESIDING OFFICER. The leagues, I come to the Senate unbur- larger, one-price packages of features from clerk will call the roll. dened with a legal education but with a fewer and more-trusted suppliers. This essen- The legislative clerk proceeded to background in business. Here is a busi- tial modern trend is now threatened by the call the roll. Justice Department. nessman commenting on the implica- Mr. DORGAN. Mr. President, I ask Microsoft may have some peculiarities of tions of this litigation in a way that I unanimous consent that the order for culture that many people don’t like, but it think others might find interesting. could well be that good software is now best the quorum call be rescinded. I ask unanimous consent that it be developed within such a culture. Microsoft The PRESIDING OFFICER. Without printed in the RECORD. may have been unwise to deny that it paid objection, it is so ordered. There being no objection, the mate- attention to the competitive effects of its ac- f rial was ordered to be printed in the tions. But this is the course legal advisers often recommend in a case such as this one, MORNING BUSINESS RECORD, as follows: where motives within individuals at Micro- [From the Washington Post, Sept. 1, 2000] Mr. THOMPSON. Mr. President, I ask soft were mixed and differed from person to A PERVERSE USE OF ANTITRUST LAW person. A proper antitrust policy should not unanimous consent that there be a pe- (By Charles T. Munger) materially penalize defendants who make riod for the transaction of morning the government prove its case. The incum- As best I can judge from the Microsoft business with Senators permitted to bent rulers of the Justice Department are antitrust case, the Justice Department be- speak for up to 10 minutes each. not fit to hold in trust the guidance of anti- lieves the following: that any seller of an trust policy if they allow such consider- The PRESIDING OFFICER. Without ever-evolving, many-featured product—a ations of litigation style to govern the devel- objection, it is so ordered. product that is constantly being improved by opment of antitrust law, a serious business adding new features to every new model— f with serious consequences outside the case will automatically violate antitrust law if: BOY SCOUTS OF AMERICA in question. (1) it regularly sells its product at one all- While I have never owned a share of Micro- Mr. THURMOND. Mr. President, yes- features-included price; (2) it has a dominant soft, I have long watched the improvement of market share and (3) the seller plays ‘‘catch- terday, the House of Representatives its software from two vantage points. First, up’’ by adding an obviously essential feature I am an officer and part owner of Berkshire voted on a bill which would have re- that has the same function as a product first pealed the Federal charter of the Boy Hathaway Inc., publisher of the World Book marketed by someone else. Encyclopedia, a product I must admire be- Scouts of America. Fortunately, the If appellate courts are foolish enough to go cause I know how hard it was to create and bill received a mere twelve votes. How- along with the trial court ruling in the because I grew up with it and found that it ever, even the consideration of such an Microsoft case, virtually every dominant helped me throughout a long life. absurd proposal concerns me tremen- high-tech business in the United States will But despite our careful stewardship of dously. be forced to retreat from what is standard World Book, the value of its encyclopedia competitive practice for firms all over the business was grossly and permanently im- I recognize that traditional values world when they are threatened by better and institutions which uphold those paired when Microsoft started including a technology first marketed elsewhere. whole encyclopedia, at virtually no addition values are under attack and considered No other country so ties the hands of its in price, in its software package. Moreover, I out of date by some elements of our so- strongest businesses. We can see why by tak- believe Microsoft did this hoping to improve ciety. Unfortunately, the Boy Scouts of ing a look at America’s own history. Con- its strong business and knowing it would America is one of many fine organiza- sider the Ford Motor Co. When it was the hurt ours. tions being challenged. dominant U.S. automaker in 1912, a small Even so, and despite the huge damage to The Boy Scouts embody the beliefs firm—a predecessor of General Motors—in- World Book, I believe Microsoft was entitled vented a self-starter that the driver could to improve its software as it did, and that on which the very foundation of this use from inside the car instead of getting out our society gains greatly—despite some dam- country was built. Since its inception to crank the engine. What Ford did in re- age to some companies—when its strong in the early 1900s, this fine American sponse was to add a self-starter of its own to businesses are able to improve their products institution has taught the young men its cars (its ‘‘one-price’’ package)—thus bol- enough to stay strong.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8566 CONGRESSIONAL RECORD — SENATE September 14, 2000 Second, I am chairman and part owner of training experience for pilots to always fied. Up to $8 billion, or maybe even as Daily Journal Corp., publisher of many small have to fly over water. much as $9 billion, has been spent on newspapers much read by lawyers and The Utah Test and Training Range preparing that location as a permanent judges. Long ago, this corporation was in has a long history of service to our Na- storage site for America’s nuclear thrall to IBM for its highly computerized op- eration. Then it was in thrall to DEC for an tion’s military. It was there that the waste. We are no closer politically to even more computerized operation. Now it pilots trained for the flights over being ready for that. We perhaps are a uses, on a virtually 100 percent basis, amaz- Tokyo in the Second World War. In- good bit closer in terms of the site. ingly cheap Microsoft software in personal deed, it was there that the crew of the I am referring, of course, to the pro- computers, in a still more highly computer- plane that dropped the atomic bomb on posed waste repository at Yucca Moun- ized operation including Internet access that Hiroshima was trained. tain in Nevada, on the ground that was makes use of Microsoft’s browser. The proposal for the storage site at originally set aside and used as the Ne- Given this history of vanished once-domi- the Goshute Indian Reservation is in a vada Test Site. Many times people for- nant suppliers to Daily Journal Corp., Microsoft’s business position looks precar- location that will affect the flight pat- get that. The Nevada Test Site is ious to me. Yet, for a while at least, the per- tern of Air Force pilots flying over the where we tested the bombs that were vasiveness of Microsoft products in our busi- Utah Test and Training Range. I have dropped elsewhere, and the bombs went ness and elsewhere helps us—as well as the flown that pattern myself in a heli- into our nuclear stockpile. So the courts that make use of our publications—in copter provided by the military, and I ground at the Nevada Test Site has al- a huge way. have seen firsthand how close it is to ready been subjected to nuclear expo- But Microsoft software would be a lousy the proposed nuclear waste repository. sure. The seismic studies have been product for us and the courts if the company There are people at the Pentagon were not always improving it by adding fea- done, and Yucca Mountain has been tures such as Explorer, the Internet browser who have said the flight path will not found to be the most logical place to Microsoft was forced to add to Windows on a be affected; everything is fine. I have put this material on a long-term basis. catch-up basis if it didn’t want to start mov- learned during the debate over the base Twice while I have been in the Con- ing backward instead of forward. realignment and closure activity that gress we have voted to move ahead on The Justice Department could hardly have sometimes what is said out of the Pen- that, and twice the President has ve- come up with a more harmful set of demands tagon is more politically correct than toed the bills. than those it now makes. It it wins, our it is substantively correct. I have Against that background comes this country will end up hobbling its best-per- talked to the pilots at Hill Air Force proposal to build an interim storage forming high-tech businesses. And this will be done in an attempt to get public benefits Base who fly that pattern, and they site in the State of Utah on the res- that no one can rationally predict. have told me, free of any handlers from ervation of the Goshute Indians adja- Andy Grove of Intel, a company that not the Pentagon, that they are very nerv- cent to the Utah Test and Training long ago was forced out of a silicon chip ous about having a nuclear waste re- Range. business in which it was once dominant, has pository below military airspace that This is my reason for opposing that been widely quoted as describing his business will require them to maneuver in a way so-called interim site: I do not believe as one in which ‘‘only the paranoid survive.’’ that might cause danger, and could that it will be interim. I do not believe If this is so, as seems likely, then Microsoft that. If we start shipping nuclear mate- should get a medal, not an antitrust prosecu- certainly erode the level of the train- tion, for being so fearful of being left behind ing that they can obtain at the Utah rial to the Goshute Reservation in and so passionate about improving its prod- Test and Training Range. Utah, that gives the administration ucts. I do not think we should move ahead and other politicians the opportunity f with certifying this particular location to continue to delay moving ahead on until there has been a complete and Yucca Mountain. NUCLEAR WASTE STORAGE thorough study of the impact of this Now, how much Federal money has Mr. BENNETT. Mr. President, I rise proposal on the Utah Test and Training been spent preparing the Goshute In- to address an issue that is of great con- Range and upon the Air Force’s ability dian Reservation to receive this? Vir- cern to the people of my State, and, I to test its pilots. tually none, compared to the between think beyond the parochial issue, the That, as I say, is the first reason I $8 and $9 billion that has been spent on people of the country as a whole. rise to oppose this. But it is a reason Yucca Mountain. Private Fuels Storage is in the proc- that is subject to study, analysis, and There will be one delay after another ess of seeking a license to store nuclear examination, and may not be a perma- if this thing starts in Utah. People will waste on the Goshute Indian Reserva- nent reason. say: We don’t need to move ahead on tion in the State of Utah. Their appli- The second reason I rise to oppose Yucca Mountain; we have a place we cation seeks a 20-year license with the this is more important, in my view, can put it in the interim. The interim option of extending it for an additional than the first one. I want to deal with will become a century, or two cen- 20 years. This is being described as an that at greater length. turies, while the Government con- ‘‘interim storage’’ place for nuclear Let us look at the history of nuclear tinues to dither on the issue of Yucca waste. I have been silent on this issue waste storage in the United States. Mountain. up until now. But I have decided to The United States decided 18 years be- I am in favor of nuclear power. I be- take the floor and announce my opposi- fore a deadline in 1998 that the Depart- lieve it is safe. I believe it is essential tion to this storage for two reasons, ment of Energy would, in 1998, take re- to our overall energy policy. I am in which I will outline. One is something sponsibility for the storage of nuclear favor of the Energy Department’s ful- that requires further study and might waste. That means that through a filling the commitment that was made be dealt with, but the second and more number of administrations—Repub- in 1980 that said by 1998 the Depart- powerful reason for my opposition is a lican and Democrat—the Department ment of Energy will have a permanent permanent policy issue. of Energy has had 18 years to get ready storage facility. I believe we have iden- Let me address the perhaps less im- to deal with this problem. Current esti- tified that facility through sound portant issue first. But it is an impor- mates are that the Department of En- science, through expenditure of Fed- tant issue that requires consideration; ergy is between 12 and 15 years away eral funds, through every kind of re- that is, the location of this particular from having a permanent solution to search that can be done, and we are ig- site with respect to the Utah Test and this problem. I do not think that is an noring, for whatever political reason, Training Range. admirable record—to have had 18 years’ the opportunity to solve this problem One of the things most Americans notice, miss the deadline, and still be at Yucca Mountain while we are talk- don’t realize is that we require the Air as much as 15 years away from it. ing about an interim solution at the Force to train over land. There are The deadline is now 2 years past, and Goshute Reservation. very few training ranges that will we are no closer to getting an intel- It is simply not a wise public policy allow aircraft to train over land. Much ligent long-term solution to this prob- to say that since we cannot solve the of the training that takes place in the lem than we were. Perhaps that is not permanent problem, we will find a Armed Forces takes place over the true. Perhaps we are closer in this backdoor way for a stopgap interim so- water, but it is not the right kind of sense: That a location has been identi- lution. The stopgap interim solution

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8567 will become a permanent solution Those are among the many questions There are very significant questions for without the plan, without the analysis, to be answered in an oversight hearing the Department of Justice to answer as and without the expenditures that have which our subcommittee is attempting to why the warrant was not issued already gone into the permanent solu- to schedule now for the week of Sep- under the Foreign Intelligence Surveil- tion that is available. tember 25. lance Act, why the investigation was Therefore, for these two reasons, I The inquiries which we have already not made by the FBI from August of announce my opposition to the deposi- made have suggested that there was 1997 to December of 1998, why Dr. Lee tory on the Goshute Reservation in significant reason for the FBI to con- was kept on the job in the face of Utah. I am sending a letter to the Nu- duct the investigation. Dr. Wen Ho Lee downloading very substantial classified clear Regulatory Commission asking is entitled to the presumption of inno- matters. that they extend the time for another cence like every American. And on this The issues about his retention re- 120 days for public comment on their date of the report, he is presumed inno- quire very serious oversight. There are proposal to proceed with this license. I cent, and he is, in fact, innocent. But all the appearances that the FBI’s fail- think the first reason that I have cited on this date of the record, the Depart- ure to handle the matter properly, the alone justifies that extension of time ment of Justice has convicted itself of Department of Justice’s failure to han- because there has not been sufficient absolute incompetence. Let me be very dle the matter properly, through the analysis of the impact of this proposed specific about why. disclosure by the Cox committee in facility on the Utah Test and Training Director Louis Freeh sent his top January of 1999, and the ultimate fir- Range. I hope in that 120-day period we deputy, John Lewis, to talk to Attor- ing, the ultimate search warrant, sug- can get that kind of analysis. ney General Janet Reno in August of gest that the Department of Justice The second more serious reason will 1997 to request a warrant for Dr. Lee really threw the book at Dr. Lee to still remain. I hope in that 120-day pe- under the Foreign Intelligence Surveil- make up for their own failings. But riod we can begin to approach that, as lance Act. There was a statement of there needs to be a determination on well. probable cause which was very substan- oversight as to the justification for I thank the Senators for their cour- tial which justified the issuance of that keeping Dr. Lee in solitary confine- tesy in allowing me to proceed on this warrant to gather further evidence. At- ment. When the judge finally suggested issue. It relates directly to the State of torney General Reno referred that mat- that he was going to release Dr. Lee to Utah, but I think in terms of the im- ter to a man named Daniel Seikaly in house arrest, the Federal Government pact on nuclear power as a whole, it is her department, a person who had put out an objection to his having any an issue about which the entire Nation never handled a warrant under the For- contact with his wife, which was really should be concerned. eign Intelligence Surveillance Act. extraordinary. I yield the floor. The wrong standard was applied, and Then suddenly, on a plea agreement, f the FBI was turned down notwith- on one of 59 counts under the indict- DR. WEN HO LEE standing the top deputy, John Lewis, ment, according to the Department of Mr. SPECTER. Mr. President, I have having been sent there by Director Justice, it is OK to release Dr. Lee on sought recognition to comment briefly Freeh. Then, inexplicably, for the next the plea bargain. There was no fine, no on the extraordinary case of Dr. Wen 16 months, the FBI did not conduct any jail time on the conviction, only a de- Ho Lee who was released from custody investigations. Some memoranda were briefing. There is a real question as to yesterday by the Federal judge saying transmitted between Washington, DC, how meaningful that is since those ma- that Dr. Lee was owed an apology be- and Albuquerque, NM, but the case lay terials are customarily offered on a cause of major mistakes made by rank- dormant. tender by Dr. Lee’s counsel before the It is really hard to understand why ing officials at the Department of Jus- plea bargain is entered into. the case would lie dormant when the tice and the Department of Energy. These are some of the issues which FBI had been so arduous in asking for This matter has been the subject of our Judiciary subcommittee will be the warrant under the Foreign Intel- oversight inquiry by the Judiciary sub- looking into on oversight, both as to ligence Surveillance Act. But then, in committee, which I chair. Our inquiry the Department of Justice and the De- late December of 1998, it was known began last October and ended in early partment of Energy. When a Federal that the Cox committee was about to December at the request of the Direc- judge says that America owes Dr. Lee publish its report and was said to be tor of the FBI so that it would not an apology, the details have to be de- highly critical of the way the Depart- interfere with the pending prosecution termined. When the FBI makes rep- ment of Justice and the Department of of Dr. Lee. resentations that Dr. Lee poses a There are many questions which Energy handled the Wen Ho Lee case. threat to the security of the United arise from what has happened since— Then the Department of Energy initi- States, and that the information he especially the dramatic comments of ated a polygraph of Dr. Lee on Decem- has downloaded could lead to the de- Judge Parker yesterday that Wen Ho ber 23, 1998, conducted by an outside feat of our military forces worldwide, Lee was owed an apology, and that agency—not by the FBI but by those assertions need to be inves- blame lay at the doorsteps of the top Wackenhut. The Wackenhut contrac- tigated as a matter of oversight. How officials in Justice and Energy. tors told the FBI that Dr. Lee passed did the Department of Justice move The questions which need to be ex- the polygraph but did not give the FBI from those very serious allegations to plored are: agents the polygraph charts or the vid- a statement, in effect, that let the What evidence or what factors were eotape of the interview. matter go, without a fine, without a there which led to Dr. Lee’s detention On January 17 of 1999, the FBI con- jail sentence, with only probation on a and solitary confinement for some 9 ducted an interview with Dr. Lee to single one of 59 counts. months? close out the case. But then, on Janu- The handling of these espionage mat- What did the Department of Justice ary 22, 5 days later, the FBI finally re- ters is of great import. The sub- and the Department of Energy do by ceived the complete record of the De- committee is nearing completion of a way of their investigation? cember 23 polygraph and began to ques- report on Dr. Peter Lee, who confessed What were the specifics where the tion the Wackenhut interpretation of to providing information to the Peo- key FBI witness changed his testimony the results. ple’s Republic of China on nuclear se- from an earlier hearing where he said Without going into more of the de- crets and submarine detection. These Dr. Lee was deceptive, to a later hear- tails in the limited time I have at the are matters which require congres- ing where he omitted that very impor- moment—there will be more time to sional oversight. Our Judiciary sub- tant fact which led to Wen Ho Lee’s de- amplify this statement later in the committee will undertake just that. tention? subcommittee hearings—Dr. Lee was I yield the floor. Was there any racial profiling in this not terminated until March 8. The Mr. GRAMM. Mr. President, like case? search warrant was not issued until most people this morning, I read the How did the Department of Justice April 9 in the context of substantial headline ‘‘Physicist Lee Freed With focus on Dr. Lee? evidence of deletions and downloading. Apology.’’ I want to comment on this.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8568 CONGRESSIONAL RECORD — SENATE September 14, 2000 I want to be careful about what I say deemed a public enemy, and vilified, it measure of the extent of the KGB oper- because I am angered and embarrassed seems to me, at least, based on every- ation in this country? As our crypto about what has happened to one of our thing we know—and it seems if the analyst worked along, an Army cor- fellow Americans. Justice Department had any facts, poral cipher clerk handing him pencils, For the last few months I have been they would have presented them to this coffee, whatever, an Army corporal ci- troubled by the case of Wen Ho Lee. I court and to this judge—because of his pher clerk, a KGB spy. In very short have been troubled because I have had race. I think it is an outrage. And I order, the KGB knew we were breaking the deep suspicion that Dr. Lee was a think an apology is due from the Presi- their code. victim of scapegoatism by the Justice dent of the United States. Then, of course, Kim Philby was at Department and by the Energy Depart- I think this is a terrible wrong and the British Embassy and we shared ment. But I tried to follow the old an outrage. I have for months been sus- some of these findings with the Brit- adage we all learn from our mamas— picious that this was happening, but I ish—we probably still do. Then he de- that when you do not have the facts, didn’t want to say anything until we fected. In no time at all, they knew wait until you get the facts before you had the facts. that we knew, and we knew that they have something to say. Today we have I hope my language hasn’t offended knew that we knew. the facts. The facts are that the Fed- anybody. But I just do not understand People might be interested to learn, eral judge in this case said—talking people who, to get political cover for who was the one person in the U.S. about Janet Reno, the Attorney Gen- their own failings, don’t seem to care Government who did not know? The eral of the United States of America, that we are talking about the life of a President of the United States. On and Bill Richardson, the Secretary of real person. Our system is not based on whose orders was this the case? Omar Energy—and I quote the Federal judge: my rights, or Bill Clinton’s rights, it is Bradley, Chairman of the Joint Chiefs They did not embarrass me alone. They based on the rights of each individual of Staff. This is Army property. I guess have embarrassed our entire nation and each citizen. he had a sense that if he said, ‘‘Give ev- of us who is a citizen of it. The idea that this man has had his Let me say they certainly embar- erything to the White House,’’ it gets good name and his family so attacked out. rassed me. It seems to me that what and has been in solitary confinement happened was we had a terrible breach President Truman never knew any of when the only thing the Justice De- these things. of security. Our Energy Department partment ended up getting him to plea With the exceptions of the Rosen- was asleep at the switch when the nu- bargain on was that he took material bergs, none of these persons were ever clear secrets of this country were sto- out of a secure setting to a nonsecure prosecuted. One of them, the most im- len. That was raised to a level of public setting when another official of this portant, Hall, teaches physics at Cam- awareness. Rather than going out and Government, by his own admission, did bridge University in England, and finding the person who was guilty of exactly the same thing and was never comes back and forth to this country. stealing these secrets, it now appears prosecuted—this is a terrible outrage. He had been part of that tremendous that what the Justice Department did, I just didn’t feel comfortable not say- effort. He was from an immigrant fam- to its great shame and our embarrass- ing something about it. I just wanted ily living in Manhattan, went to ment, is engage in racial profiling to to go on RECORD as saying that there is Queens College. They spotted him at identify an Asian American of Chinese something very wrong in America. This Queens College, and they sent him up ancestry, Dr. Lee, and to use him as a is not the America I grew up in when to Harvard. Then he was sent to Los scapegoat for the failure of this admin- this kind of thing happens. Somebody Alamos. He was never prosecuted be- istration to protect American national in the Senate needed to say something cause to prosecute, it must be stated security. about it. I decided that was me. This individual citizen ended up where we got the information and so I yield the floor. month after month in solitary confine- The PRESIDING OFFICER. The Sen- forth. ment, having been charged in a 59 ator from New York. Secrecy can be so destructive to the count indictment, and then when it Mr. MOYNIHAN. Mr. President, flow of information that is needed. It was clear that there was no case, they could I respond in the most emphati- will continue long after there is any plea bargained to release him on a cally sympathetic and supportive way conceivable need for secrecy. We esti- minor offense. I say ‘‘minor’’ only as to the statement of the Senator from mated recently that the classified doc- compared to the selling of nuclear se- Texas. uments we have in place now would be crets of the United States to the Chi- In 1993, this Congress passed legisla- 441 times stacked up the height of the nese, or giving such information to tion to create the Commission on Pro- Washington Monument. them. Dr. Lee transferred secure data tecting and Reducing Government Se- A trivial example, but a char- to a nonsecure source, a charge for crecy in the United States. We had a acteristic example, President Ford at which John Deutch, in a much higher fine commission. Senator HELMS and I one point had in mind that I might be position of government in this adminis- represented the Senate, and in the Librarian of Congress. I was in India, tration, was never prosecuted. House, LARRY COMBEST and Lee Ham- leaving the post as Ambassador and In return for admitting guilt to this had a cable exchange with the head of charge, this man, who was denied his ilton, and John Deutch of the CIA. The commission came up with a unanimous personnel in the White House. I was freedom and who was on the verge of going back through Peking, staying having his life ruined, is now exoner- finding. We began with the proposition—and I with the Bushes, stopped at Pearl Har- ated by a Federal judge. I would like to bor, and then would be here. An histo- say this: can say to a fellow academic; he will rian writing about the Library of Con- First of all, I don’t understand an ad- recognize it—Max Weber set forth that gress—an interesting post; there have ministration that stands up and damns secrecy is the natural weapon of a bu- racial profiling and yet engages in it reaucracy against the parliament and only been seven or eight in our his- when it suits their political agenda. against the other agencies of the polit- tory—picked this up and went to the I don’t understand scapegoating ical system. We found the most ex- Ford Library. Yes, there is informa- when you are talking about a man’s traordinary things. I later wrote about tion; but no, she couldn’t see it, it was freedom and when you are talking this. classified. It took months to get the about a man’s life. In December 1946, a brilliant crypto cable to Washington declassified. I think if our Attorney General, analyst at Arlington Hall Girl’s One could argue that there was good Janet Reno, had any honor and any School, not far from the Pentagon, and reason to keep that classified for seven shame, and I think if Bill Richardson broke the first of the Soviet KGB days, but 30 years later? That is a pat- had any honor and any shame, they codes. These are one-time pads. You tern. It is a pattern that the people would resign as a result of this outrage ‘‘can’t break them’’ but they got a lit- who deal with these things as classified to the American people. tle careless, used once or twice. There don’t know the material, the subject The idea that this man was in soli- were the names of all the physicists at matter; they don’t know the physics tary confinement month after month, Los Alamos, the principal ones. A taught to first-year graduate students

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8569 at MIT, but information is still classi- I also want to say on this floor that we have heard talked about in the fied ‘‘top secret, no form,’’ in some bu- I have not known a more patriotic man press today are the Bush Medicare plan reaucracy in Washington. The absolute than John Deutch; absolutely com- and the Gore prescription drug plan standard operating procedure is to mitted to this country’s security. Pro- that have been contrasted on the floor classify something ‘‘Top secret’’ and vost at MIT, a physical chemist, a man earlier today by a colleague from the then send it to the President in the of great science, who made the error of other side of the aisle. hopes that it will get on his desk if it working after supper at home. Nothing I want to comment on those. It is looks really enormous. was ever transferred to anybody. He useful for this body because, in essence, There are endless examples of clip- was working. What do I do in the morn- Governor Bush’s proposal looks at two pings from Newsweek magazine ing? That kind of thing. And the very bills on this floor. One is Chairman stamped ‘‘Confidential.’’ Just a bureau- idea we would try to punish him for ROTH’s bill, which gives an immediate cratic mode. that is to put, I say, in jeopardy the helping hand to those seniors who need The idea that Dr. Lee was imprisoned whole reputation of American classi- it today, working predominantly is hard to understand. Solitary confine- fied science and clandestine service. We through the States; the second compo- ment, worse. But leg irons? There were do that at a great cost, which you will nent of the Bush proposal is modeled leg irons so one could not run off to not recognize for half a century, per- on the same concept as Breaux-Frist, Mexico. Obviously, much needs to be haps. But it will come. the bipartisan plan that is based on the explained. I thank the Senator from Texas for way we get our health care as Senators I say also for Dr. Deutch, this is a what he has said. I appreciate his in- today. man of utmost patriotism. What was dulgence in what I have joined him On the Gore side—and that is why his offense? I don’t think it is a crime saying. this contrast is useful —is the Clinton- at all. He took work home with him. I see my colleague seeks recognition. Gore proposal, which is also on this After dinner he would sit down and I yield the floor. floor in terms of prescription drugs. Al- work. There is a penalty for that, and f though we use Governor Bush and Vice he accepted it. He has had all his clear- President GORE, they both represent ances removed, which is a heavy price PRESCRIPTION DRUGS bills that are currently on the floor of for a scientist, but he has accepted Mr. FRIST. Mr. President, I rise to the Senate. that. The idea that he has done any- speak briefly on an issue which has Looking at Governor Bush’s Medi- thing wrong beyond that is to say to been talked about on the floor of the care plan, it has two parts. One is over- people: Don’t go near the clandestine Senate this morning, and that is pre- all modernization, long-term strength- services of the United States, don’t go scription drugs. ening of the overall Medicare plan, the near the atomic laboratories. We all hear the critical cry—I say health care plan for our seniors and in- I have no standing as a scientist, but ‘‘cry’’ because it is almost that—as we dividuals with disabilities. The second I was a member of the President’s talk to seniors across this country who part offers immediately, right now, the Science Advisory Committee, and I am say: We need some help; these drugs help that seniors are crying out for a fellow of the American Association cost too much; they are out of our today. You simply cannot ignore those for the Advancement of Science, and reach; we need help. low-income and middle-income individ- having been a member of the board and What is interesting is this is not uals who can’t afford the drugs, who vice president at one point, I can say I heard from everybody. It is principally really are choosing between putting know a fair number of scientists. Their from a group of people who don’t have food on the table and buying those pre- postdoctorate students don’t want any- access to affordable prescription drugs, scription drugs. thing to do with the Federal labora- and now we are charged as a body to The two-part plan has its overall goal tories. develop a policy to ensure, to guar- to strengthen Medicare and to get that If you want to do something to the antee that coverage and getting it as prescription drug coverage to all sen- national security of the United States, quickly as we can to those people who iors. It is based on this bipartisan plan, keep the best minds out of the weapons need it, who are crying out now. this Breaux-Frist type principle. labs. That will do it faster than any This past year I received over 3,000 The primary focus of Governor transfer of information, which has a letters or e-mails from seniors in Ten- Bush’s proposal is a universal prescrip- half-life of nine months before others nessee on this very topic. What did I tion drug proposal that includes this catch up or they think it up on their hear? One elderly couple from Kings- comprehensive modernization. It does own. port, TN, wrote: several things. No. 1, it lets seniors I can speak to this. For example, We are requesting that you do not support choose. Beneficiaries can stay in tradi- with atomic secrets, we have a wonder- any big government drug scheme. Govern- tional Medicare, what they have today, ful person, a great man, Hans Bethe, ment does not do things better than individ- or they can choose a plan such as Sen- who was standing alongside uals. Please protect seniors’ choice of private ator BILL FRIST or Senator ROTH or Oppenheimer at Los Alamos. A man of coverage. One size does not fit all. We do not President Clinton has, a model called luminous intelligence. There is nothing want the bureaucrats interfering with our the Federal Employees Health Benefits that he is more skeptical about than doctor-patient prescription drug choices. Plan. Under Governor Bush’s proposal the idea of keeping physical science se- A widow from Tennessee who had a and under the Breaux-Frist proposal, cret. He tells the story that after the liver transplant writes: all current Medicare benefits are pre- atomic bomb was detonated, he and the I’m against the big government plan. I served. other physicists involved said: All have certain medications I must take and The real advantage is that seniors for right, but no hydrogen bomb. No, that want to be able to get whatever medicines I the first time are given a real option to is too much. need. choose among plans that might better And there was the further advantage: These letters speak volumes. They, be able to meet their individual needs. And thank God, nobody knew how. It was first of all, point out the importance of One plan might have more preventive not possible to make one. It can’t be done. health care security for our seniors care. Another plan might have vision The physics just won’t work. that prescription drugs do provide but care—not in Medicare today. Another And then he said: Stanislaw Ulam also the importance of having a right plan might have dental care—not in and Edward Teller figured out how it to choose what is best for one’s indi- Medicare today. could be done. vidual needs. No. 2, Governor Bush’s proposal, and And we said: Oh, Lord, if Ulam can I mention these letters because I do the Breaux-Frist proposal in the Sen- think of it, Sakharov will think of it. believe this body should respond as ate, provides all seniors some prescrip- So we had better go through with it. government should, in the broader tion drug coverage access. Yes, there is He and Oppenheimer said: sense, with a health care proposal, pre- a 25-percent subsidy of the cost of You have to go through to a hydrogen scription drug plan, that gives afford- those premiums for everybody with a bomb because science is not in a box that able access to all seniors, making it a 100-percent subsidy for those people you can put in a closet. part of health care security. The plans under 150 percent of poverty.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8570 CONGRESSIONAL RECORD — SENATE September 14, 2000 All seniors under Governor Bush’s that choice between putting food on Charlie D. Duff, 18, Chicago, IL; Alfredo proposal have a limit, a cap on how the table, buying those groceries, or Fernandez, 50, Houston, TX; Toi much is spent out of pocket, not only buying prescription drugs. Let’s help Goodnight, 41, Pittsburgh, PA; Stevie for prescription drugs but for all health them in 6 months, not 10 years from Gray, 33, Washington, DC; Jessie Har- care—visits to the physician, visits to now, not 5 years from now. That is per, 39, Houston, TX; Michael L. Harris, the hospital, prescription drug cov- where the Roth bill moves right in. 41, Chicago, IL; Lee Sun Heung, 43, Bal- erage. Once your out-of-pocket expend- Let me point out that 22 States al- timore, MD; John Homilton, 82, Oak- itures get above $6,000, it is covered by ready have taken action. Remember, land, CA; Stephen Hornbaker, 35, Pitts- the Government all 50 States right now are admin- burgh, PA; Kerne Lerouge, 43, Boston, Fourth, this proposal is based on the istering prescription drug programs. MA; Nigel D. Reese, 17, Chicago, IL; Federal Employees Health Benefits That mechanism is there right now. It Herman Ridley, 24, Baltimore, MD; Plan. I think that is very important is not in HCFA, it is not in the Federal Frank Rizzo, Houston, TX; Charles because seniors understand if that care Government now, and that is why, Waldon, 62, Houston, TX. is really good enough for President under Chairman ROTH’s leadership, we One of the victims of gun violence I Clinton or Senator FRIST, health care can get that aid to the people who need mentioned, 41-year-old Toi Goodnight will be good enough for me. it most. of Pittsburgh, was shot and killed one No. 5, Governor Bush has said yes, I will talk more about the Clinton- year ago today in a carjacking inci- this is going to take more money. It is Gore plan later, but let me just close dent. The man who killed Toi shot her going to take about $110 billion in more by saying all I said sharply contrasts in the mouth and left her on the high- money. Why? Because that moderniza- it. way as he drove away in her car. tion in bringing things up to date, that No. 1, the Gore plan forces seniors to We cannot sit back and allow such better coordination of services, is going wait 10 years before it is fully imple- senseless gun violence to continue. The to require an investment. That is in mented. It doesn’t even start offering deaths of Toi Goodnight and the others real contrast to the Clinton-Gore pro- any drugs or drug coverage for at least I named are a reminder to all of us that posal which, when we first heard about 2 years. we need to enact sensible gun legisla- it, was going to cost $167 billion; that is No. 2, it doesn’t give seniors any tion now. when it was introduced last year. Right choice. They can choose one time, at f now, the figure touted by the Gore 641⁄2 years. They choose one time, and OLYMPIC AMBUSH MARKETING campaign is $250 billion. The Congres- that is it. Contrast that with the Mr. STEVENS. Mr. President, at the sional Budget Office says no, it is not Breaux-Frist plan or Governor Bush’s end of this week the men and women of plan, which allows choice at any point $167, it is not $250 billion, but in truth the United States Olympic Team will in time. it is about a $337 billion plan. march into the Olympic Stadium in So, taxpayers, watch out. Seniors, No. 3, the Clinton-Gore plan does Sydney, Australia for the XXVII Olym- watch out. This plan has already dou- nothing to strengthen Medicare. It is a pic games. These athletes who inspire bled in size, in how much it costs, in 50-percent copayments for drugs. It all of us to set high goals and reach the last 12 months, the plan of the does nothing to modernize or strength- those goals deserve our congratula- en Medicare long term. Clinton-Gore team. No. 6, and most im- tions and support. The American peo- No. 4, it does nothing to benefit, to portant, I think, in the short term, is ple also deserve praise and thanks for improve that underlying benefit pack- seniors deserve this coverage now, not their individual contributions to our age in terms of preventive drugs, pre- 2 years from now, not under the Clin- athletes and to the United States ventive care, in terms of vision care, in ton-Gore plan which phases in over an- Olympic Committee. Without those terms of dental care. The flexibility is other 8 years—actually they don’t fully contributions, most of our athletes implement it until the year 2010. Our simply not there in the Gore plan. would never have the chance to com- I close by saying our debate about seniors need health care now. pete. I would like to briefly turn at this the various plans is an exciting one for American companies have also finan- point to S. 3016 and S. 3017, introduced me. Our goal must be health care secu- cially supported the United States by Senator ROTH. What this bill says— rity for seniors. Governor Bush and our Olympic Committee and the Olympic which complements, supplements, and plans, through Breaux-Frist and the games through official sponsorships. parallels very much what Governor Roth proposal, do just that. Unfortunately, Mr. President, that Bush has said, and Governor Bush did I reserve the remainder of my time. Olympic sponsorship is being eroded by it through his helping hand—since we f an insidious practice known as ‘‘am- have a problem now, let’s reach out VICTIMS OF GUN VIOLENCE bush marketing’’—advertising that right now and get the money to the falsely implies an official association Ms. MIKULSKI. Mr. President, it has neediest people, the low- and moderate- with a particular event or organiza- been more than a year since the Col- income people who need it right now; tion. In no context is ambush mar- umbine tragedy, but still this Repub- not to be phased in later. keting more prevalent or more dam- lican Congress refuses to act on sen- What this Roth bill does is it makes aging than with the Olympic games sible gun legislation. grants immediately available to those which, because of the reliance on pri- Since Columbine, thousands of Amer- people who need it the most. It will ex- vate and corporate funding, are in- icans have been killed by gunfire. Until tend prescription drug coverage imme- creasingly threatened by a decline in we act, Democrats in the Senate will diately, recognizing it is a transition sponsorship interest. program, until we modernize Medicare read the names of some of those who Internationally, it is fair to say that through the Breaux-Frist or Governor have lost their lives to gun violence in corporate sponsorship saved the Olym- Bush approach. It immediately extends the past year, and we will continue to pic movement. In 1976, Montreal was prescription drug coverage to about 85 do so every day that the Senate is in left with a debt of nearly one billion percent of Medicare beneficiaries. session. dollars following the summer Olympic It serves as a bridge to overall Medi- In the name of those who died, we games in that city. Los Angeles, how- care modernization, overall reform. will continue this fight. Following are ever, managed to capitalize on cor- This is not the answer. This is the the names of some of the people who porate sponsorship, turning a profit short-term answer to plug that hole were killed by gunfire one year ago and revitalizing international interest that everybody agrees is there, wheth- today. in the games. er Democrat or Republican. That hole SEPTEMBER 14, 1999 American companies have long been is created because true modernization Charles Caldwell, 18, Minneapolis, proud to be official sponsors of the is going to take 12 months or 24 months MN; Penny Calhoun, 32, Salt Lake Olympic games because of the humani- or 36 months. So let’s start that mod- City, UT; Henry J. Calhoun, 32, Salt tarian and inspirational values the ernization program now, but, in the Lake City, UT; Jovan Coleman, 19, Chi- games present. These companies also meantime, let’s get help to the people cago, IL; Orlando Cortezq, 24, Dallas, recognize the valuable marketing po- who need it, who are out there making TX; Israel Cuervas, 26, Dallas, TX; tential of the Olympics, enhancing

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8571 their presence and business reputation VIOLENCE AGAINST WOMEN those women the battering will be reg- in an increasingly global marketplace. PROTECTION ACT ular and on-going. Additionally, the By encouraging corporate involvement, Mr. SARBANES. Mr. President, I rise NCADV reports that between 50 and 70 Olympic organizers have ensured that today to express my strong support for percent of men who abuse their female such companies continue to devote tre- S. 2787, the Violence Against Women partners also abuse their children. mendous financial and human re- Protection Act of 2000. It is critically Even though strides have been made, sources to be identified as official important that the Congress soon pass we still have a long way to go before Olympic sponsors. This sponsorship is this legislation to reauthorize the Vio- domestic violence is evicted from our particularly important in the United lence Against Women Act, and to con- homes and communities. It is critically States, because there is no direct gov- tinue the progress made since the Act important that we not allow VAWA to ernment support of our athletes. was first passed in 1994. expire, and that we take this oppor- Congress has recognized the value of I am proud to have been a cosponsor tunity to reauthorize VAWA and build corporate sponsorship by adopting the of both the original Violence Against upon its success. The Violence Against Olympic and Amateur Sports Act, Women Act, VAWA as well as S. 2787 Women Protection Act of 2000 will au- which I authored, to authorize the and other legislation introduced in the thorize more than $3 billion over five International Olympic Committee to 106th Congress to reauthorize VAWA. years for VAWA grant program and grant worldwide sponsors of the Olym- Through a $1.6 billion grants program, make important improvements to the pic games exclusive rights to use cer- VAWA has provided hundreds of thou- original statute. For example, S. 2787 tain emblems, trademarks, and des- sands of women with shelter to protect will authorize a new temporary hous- ignations in the advertising, promotion their families, established a national ing program to help move women out and sale of products in designated prod- toll-free hotline which has responded of shelters and into more stable living uct categories. The act also provides to innumerable calls for help, and fund- accommodations. S. 2787 will also make enhanced trademark protections to ed domestic violence prevention pro- it easier for battered immigrant prevent deceptive practices specifically grams across the Nation. Most impor- women to leave their abusers without involving the use of Olympic trade- tantly, VAWA has provided a new em- fear of deportation, and target addi- marks or trade names. As a con- phasis on domestic violence as a crit- tional funds to combatting domestic sequence, numerous major corpora- ical problem that cannot be tolerated violence on college campuses. Finally, tions have become Olympic sponsors or ignored. the legislation will improve procedures and have contributed millions of dol- In my own State of Maryland, the to allow states to enforce protection lars to the games and to U.S. athletes. funding provided by VAWA is essential orders across jurisdictional boundaries. As the popularity of the Olympics to the continued operation of facilities VAWA has made real strides against has grown, so have the incentives to be like Heartly House in Frederick, Mary- domestic violence, and the Violence associated with the games. Unfortu- land, which provides shelter to bat- Against Women Protection Act will nately, it is too easy for companies to tered women, accompanies rape vic- continue the important work begun in imply an affiliation with the olympics, tims on hospital visits, and assists 1994. I am proud to report of the valu- without becoming official sponsors. women in crisis in numerous other able programs all across Maryland Such ambush or parasite marketing is ways. In Baltimore City, VAWA funds combatting domestic violence thanks often subtle—frequently depicting have helped create a dedicated docket olmypic sports, athletes, medals, the to VAWA, and I urge Senate leaders to in the District Court which has effec- host city, a burning torch, or other bring S. 2787 to the floor for consider- tively increased the number of domes- olympic games indicia—but its effect is ation as soon as possible. We have an tic violence cases prosecuted. In Mont- proven. Studies have concluded that invaluable opportunity to make a gomery County, Maryland, VAWA ambush marketers have been quite suc- statement that domestic violence will cessful in their efforts to mislead the funds provide victims with legal rep- not be tolerated, and that all women American public. resentation in civil protective order and children should be able to live As companies begin to perceive only hearings. Importantly, the staff for without fear in their own homes. negligible goodwill or favorable pub- this program is located inside the f Courthouse, making it easy and safe licity resulting from their Olympic FEDERAL LAW ENFORCEMENT sponsor status, their willingness to for victims to get the help that they need. VAWA funds are being used cre- PROBLEMS DUE TO THE MCDADE support the Olympic games and our LAW athletes may wane. That is why I am atively in Garrett County, where the considering legislation to further clar- Sheriff’s Department purchased a four Mr. LEAHY. Mr. President, I came to ify the types of unauthorized use of wheel drive vehicle so that their do- the floor on May 25 to speak about the Olympic games imagery and indicia mestic violence team can travel to re- pressing criminal justice problems that are actionable under the Amateur mote areas of the county—overcoming arising out of the so-called McDade Sports Act. Australia, which will host the feelings of isolation many victims law, which was enacted at the end of the Olympic games in the next few feel, particularly in the winter months. the last Congress as part of the omni- weeks, has in place an ‘‘Olympic Insig- Programs like these are working in bus appropriations law. At that time, I nia Protection Act’’ to protect against Maryland and all across the country to described some examples of how this ambush marketing, and we may need reduce the incidence of domestic vio- law has impeded important criminal additional protection in the U.S. Un- lence. And, according to the Bureau of prosecutions, chilled the use of feder- fortunately, that legislation cannot be Justice Statistics, VAWA is working. ally-authorized investigative tech- addressed this year. Intimate partners committed fewer niques and posed multiple hurdles for There is a vast difference between murders in 1996, 1997, and 1998 than in federal prosecutors. In particular, I freedom of speech and deceptive adver- any other year since 1976. Likewise, the drew attention to the problems that tising. I will ask the congress to au- number of female victims of intimate this law has posed in cases related to thorize private suits, similar to private partner violence declined from 1993 to public safety—among them, the inves- antitrust legislation, to allow those in- 1998; in 1998, women experienced an es- tigation of the maintenance and safety jured by ‘‘ambush marketing’’ to re- timated 876,340 violent offenses at the practices of Alaska Airlines. The Legal cover their losses and financially pun- hands of a partner, down from 1.1 mil- Times and the Los Angeles Times re- ish those who try to mislead our peo- lion in 1993. cently reported on the situation re- ple. But despite these successes, clearly garding the Alaska Airlines investiga- The USOC has been aggressive in pro- the incidence of violence against tion, and I ask unanimous consent to tecting its trademark interests. These women and families remains too high. include these reports in the RECORD additional tools may be needed, how- According to the National Coalition following my remarks. ever, to ensure the value of Olympic Against Domestic Violence (NCADV), Since I spoke in May, the McDade sponsorships and encourage corporate over 50 percent of all women will expe- law has continued to stymie Federal participation in the Olympic move- rience physical violence in an intimate law enforcement efforts in a number of ment. relationship, and for 24–30 percent of States. I am especially troubled by

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8572 CONGRESSIONAL RECORD — SENATE September 14, 2000 what is happening in Oregon, where the lem in Oregon. With that finally ac- When I last spoke about the Talao interplay of the McDade law and a re- complished, and with the investigative case, the Ninth Circuit was reviewing cent attorney ethics decision by the infrastructure in place, the U.S. Attor- the district court’s decision. The Ninth Oregon Supreme Court is severely ham- ney refused to send the necessary con- Circuit has now spoken, and although pering Federal efforts to combat child curring letter to the FBI for Portland’s it found no ethical violation, it did so pornography and drug trafficking. six-month franchise renewal. Since the on the narrow ground that the book- I refer to the case of In re Gatti, 330 U.S. Attorney’s concurrence is nec- keeper had initiated the meeting, and Or. 517 (2000). In Gatti, the court held essary for renewal of the undercover that the AUSA had advised the book- that a private attorney had acted operation, it now appears that Port- keeper of her right to contact sub- unethically by intentionally misrepre- land’s Innocent Images operation will stitute counsel. Thus, the court sent a senting his identity to the employees be shut down. message that AUSAs and investigating of a medical records review company Gatti has also had an immediate and agents may not approach employees in called Comprehensive Medical Review harmful impact on Oregon’s war on situations where there is a possible (‘‘CMR’’). The attorney, who rep- drugs. Last winter, there was a multi- conflict of interest between the em- resented a client who had filed a claim agency wiretap investigation into the ployee and the corporation for whom with an insurance company, believed activities of an Oregon-based drug or- the employee works, and corporate that the insurance company was using ganization. To date, the investigation counsel is purporting to represent all CMR to generate fraudulent medical has produced numerous federal and employees and demanding to be present reports that the insurer then used to state indictments. Recently, the post- during interviews. Let me put that an- deny or limit claims. The attorney wiretap phase brought to the surface a other way. If a corporate whistleblower called CMR and falsely represented cooperating witness. During the initial in California told an FBI agent that himself to be a chiropractor seeking briefing, the cooperating witness indi- the agent should speak to a particular employment with the company. The at- cated he had information about other employee who had important informa- torney was hoping to obtain informa- drug organizations in Oregon and an- tion, and the AUSA assigned to the tion from CMR that he could use in a other State. In an effort to widen the case knew that the corporation was subsequent lawsuit against CMR and investigation, the FBI sought the represented by counsel in that matter, the insurance company. AUSA’s concurrence in the coopera- the AUSA arguably would have to nix The Oregon Supreme Court upheld tor’s use of an electronic device to the interview. the State Bar’s view that the attor- record conversations with other traf- The need to modify the McDade law ney’s conduct violated two Oregon fickers. Citing the Gatti decision, the is real, and our time is running out. I State Bar disciplinary rules and an Or- assigned AUSA refused to provide con- introduced legislation last year that egon statute—specifically, a discipli- currence. Since AUSA concurrence is addressed the most serious problems nary rule prohibiting conduct involv- required for such consensual moni- caused by the McDade law, and I worked with the Chairman of the Judi- ing dishonesty, fraud, deceit or mis- toring, the FBI cannot make use of ciary Committee to refine and improve representation; a disciplinary rule pro- this basic investigative technique. it. I described our approach when I hibiting knowingly making a false Thus, a critical phase of the investiga- spoke on this issue in May. Congress statement of law or fact; and a statute tion languishes because of the inter- should take up and pass corrective leg- prohibiting willful deceit or mis- play of Gatti and the McDade law. conduct in the legal profession. In so These examples show how the islation before the end of the session. I ask unanimous consent to have sev- doing, the court rejected the attorney’s McDade law is severely hampering fed- eral articles printed in the RECORD. defense that his misrepresentations eral law enforcement in Oregon. But as There being no objection, the mate- were justifiable because he was en- I made clear in my prior remarks, this rial was ordered to be printed in the gaged in an investigation to seek evi- ill-conceived law is having dangerous RECORD, as follows: dence of fraud and other wrongful con- effects on federal law enforcement na- [From the Los Angeles Times, Tues., July 18, duct. The court expressly ruled that tionwide. Let me update my colleagues 2000] there was no ‘‘prosecutorial exception’’ on the Talao case, which I discussed at JUSTICE DEPT. FACES UNEXPECTED to either the State Bar disciplinary some length in May. ROADBLOCKS DUE TO ETHICS RULES rules or the Oregon statute. As a re- In Talao, a company and its prin- (By Robert L. Jackson) sult, it would appear that prosecutors cipals were under investigation for fail- WASHINGTON.—Consider it further proof of in Oregon may not concur or partici- ing to pay the prevailing wage on fed- the law of unintended consequences. pate in undercover and other deceptive erally funded contracts, falsifying pay- Aiming to prevent unethical conduct, Con- law enforcement techniques, even if roll records, and demanding illegal gress last year passed a law requiring federal the law enforcement technique at issue kickbacks. The company’s bookkeeper, prosecutors to abide by the ethics rules of is lawful under Federal law. who had been subpoenaed to testify be- the state bar where they are conducting in- vestigations. Gatti has had a swift and devastating fore the grand jury, initiated a meeting Instead, the Justice Department says, the effect on FBI operations in Oregon. with the AUSA in which she asserted move has hampered law enforcement in cases Soon after the decision was announced, that her employers were pressing her related to public safety—among them the in- the U.S. Attorney’s Office informed the to lie before the grand jury, and that vestigation of the maintenance and safety FBI Field Office that it would not con- she did not want the company’s lawyer practices of Alaska Airlines. cur or participate in the use of long- to be present before or during her In documents submitted to the Senate Ju- diciary Committee by James Robinson, chief used and highly productive techniques, grand jury testimony. The grand jury of Justice’s criminal division, and Assistant such as undercover operations and con- later indicted the employers for con- Atty. Gen. Robert Raben, the department sensual monitoring of telephone calls, spiracy, false statements, and illegal has argued that probes like this were that could be deemed deceptive by the kickbacks. ‘‘stalled for many months’’ by the McDade State Bar. Several important inves- The district court held that the law. tigations were immediately terminated AUSA had acted unethically because The law blocked FBI agents and Justice or severely impeded. the company had a right to have its at- Department lawyers from interviewing air- Because of the Gatti decision, Or- torney present during any interview of line mechanics in a timely fashion for a grand jury investigation of whether Alaska’s egon’s U.S. Attorney refused to certify any employee, regardless of the em- maintenance records were falsified in North- the six-month renewal of Portland’s In- ployee’s wishes, the status of the cor- ern California, the department says. And it nocent Images undercover operation, porate managers, or the possibility reportedly is causing problems for prosecu- which targets child pornography and that the attorney may have a conflict tors looking into complaints from corporate exploitation. Portland sought and ob- of interest in representing the book- whistle-blowers elsewhere. tained permission to establish an Inno- keeper. The court declared that if the While the law seems harmless on its face, California—like many other states—has an cent Images operation after the work case went to trial, it would inform the ethics provision prohibiting lawyers or gov- of another task force over the past two jury of the AUSA’s misconduct and in- ernment investigators from directly con- years revealed that child pornography struct them to take it into account in tacting a person who is represented by coun- and exploitation is a significant prob- assessing the bookkeeper’s credibility. sel.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8573 Federal officials say FBI agents who tried Seattle-based Alaska Airlines has been the les’ O’Melveny & Myers to represent it in the to interview workers at the airline’s Oakland target of a federal grand jury in San Fran- criminal investigation. maintenance facility were blocked by com- cisco since early 1999, when a mechanic CHANGE OF POLICY pany lawyers who claimed to represent all claimed that workers at the airline had fal- airline personnel. sified repair records for Alaska passenger For years, as a matter of Justice Depart- When mechanics then were served with jets. ment policy, federal prosecutors were told grand jury subpoenas, attorneys lined up by Earlier this year, after Alaska Airlines that they didn’t have to follow state ethics the airline were able to delay their appear- Flight 261 plunged into the Pacific Ocean, rules—particularly ones related to bypassing ances by insisting on grants of immunity killing all aboard, the Justice Department, lawyers and contacting potential witnesses from prosecution, which slowed the inquiry along with the Federal Aviation Administra- directly. by months. tion, widened its inquiry into the company’s The policy was intended to aid prosecu- The federal investigation widened after the safety operations. tions of organized crime in the 1980s and was Jan. 31 crash of an Alaska Airlines jet in the Department officials, as well as lawyers in first detailed in a memo by then-Attorney Pacific Ocean that killed all 88 people on the U.S. attorney’s office in San Francisco, General Richard Thornburgh in 1989. The de- board. But FBI agents were similarly im- declined to discuss the grand jury’s inves- partment’s rule was clarified under Janet peded from questioning ground mechanics, tigation, which has yet to produce a single Reno in 1994. according to the Justice Department. indictment. In October 1998, Congress passed a law that ‘‘Those interviews that are most often suc- But in a report prepared for the Senate Ju- made federal prosecutors subject to state cessful—simultaneous interviews of numer- diciary Committee, the DOJ says the grand ethics codes. The law was named for former ous employees—could not be conducted sim- jury’s work was ‘‘stalled for many months’’ Rep. Joseph McDade (R–Pa.), who was the ply because of fear that an ethical rule . . . because of the so-called McDade Amend- subject of an eight-year federal bribery in- might result in proceedings against the pros- ment, a law implemented last year that vestigation. McDade was eventually acquit- ecutor,’’ said Sen. Patrick J. Leahy (D-Vt.), forces federal prosecutors to follow state ted. a Judiciary Committee member who is try- ethics codes. The law went into effect last year, over ing to amend the law. California, like most states, has an ethics strenuous Justice Department objections. Alaska Airlines insists it has cooperated provision that prohibits lawyers from di- Since then, the department hasn’t given up with the FBI and denies wrongdoing in its rectly contacting a party who is represented the fight to overturn it. And its efforts have maintenance practices. No criminal charges by counsel. The Justice Department claims support in the Senate Judiciary Committee, have been brought. The Federal Aviation Ad- that lawyers for Alaska Airlines used the where bills offered by the committee’s chair- ministration recently said it had uncovered rule to prevent the Federal Bureau of Inves- man, Sen. Orrin Hatch (R-Utah), and Sen. ‘‘serious breakdowns in record-keeping, doc- tigation and other investigators from speak- Patrick Leahy (D–Vt.) would establish sepa- umentation and quality assurance’’ but that ing with mechanics and other airline em- rate ethical proscriptions for prosecutors. the airline has devised an acceptable plan to ployees. correct them. In the early stages of the Alaska investiga- The Hatch bill would repeal McDade. The Leahy said the airline case is only one ex- tion, the department’s report says, attempts Leahy bill would specifically allow prosecu- ample of the hurdles erected by the McDade by the FBI to seize documents and interview tors to contact witnesses regardless of law, which was sponsored by Rep. John M. workers at Alaska Airlines’ hangar facility whether they were represented by counsel. McDade (R-Pa.), who retired from the House in Oakland, Calif., were blocked by lawyers Neither bill has made it out of the judiciary last year. McDade had been the target of an for the company who ‘‘interceded, claimed to committee. eight-year federal investigation into allega- represent all airline personnel, and halted ‘‘This law has resulted in significant tions that he accepted $100,000 in gifts and the interviews.’’ delays in important criminal prosecutions, other items from defense contractors and Because of the California ethics law, the chilled the use of federally authorized inves- lobbyists. report says, the federal prosecutor was tigative techniques and posed multiple hur- Cleared by a jury after a 1996 trial, McDade forced to end the interviews and recall the dles for federal prosecutors,’’ Leahy said on maintained he was the victim of an inves- agents. the floor of the Senate last month. tigation run amok. The report explains that prosecutors then Both the American Bar Association and His sponsorship of the Citizens Protection attempted to subpoena the workers to the the National Association for Criminal De- Act was supported by both the American Bar grand jury. Again, the request was met with fense Lawyers lobbied Congress hard for the Assn. and the National Assn. of Criminal De- a response by company lawyers, who lined up McDade law. Kevin Driscoll, a senior legisla- fense Lawyers. attorneys separate from the company to rep- tive counsel for the ABA, said that his orga- It was approved by Congress without any resent each worker before they testified be- nization is reviewing the Justice Depart- hearings. fore the grand jury. ment’s complaints about the law’s imple- Leahy, in a bipartisan effort with Sen. ‘‘Because the attorney for each witness in- mentation. But, he added, the ABA’s support Orrin G. Hatch (R-Utah), the committee sisted on a grant of immunity, and because of McDade has not changed. chairman, is trying to amend the McDade of scheduling conflicts with the various at- William Moffitt, a D.C. criminal defense law. torneys, the investigation was stalled for lawyer who is president of the NACDL, says Justice officials say the statute has made many months,’’ the report says. ‘‘When the them ‘‘reluctant to authorize consensual that the Justice Department is ‘‘looking for witnesses finally appeared before the grand reasons to complain’’ about McDade. monitoring’’—a body mike worn by an in- jury, they had trouble remembering any- formant, for example—in California and ‘‘They don’t have the unfettered ability to thing significant to the investigation.’’ intimidate and they don’t like that,’’ Moffitt other states for fear that state ethics rules The Justice Department report also men- could be interpreted to prohibit this conduct said. ‘‘People ought to be able to go to the tions the Jan. 31 crash of Alaska Airlines general counsel (of a corporation) if they are and lead to disciplinary action against de- Flight 261, which crashed into the Pacific partment prosecutors. subpoenaed and they ought to be able to be Ocean, killing 88 people aboard. The National told to get a lawyer.’’ The law also is making officials reluctant Transportation Safety Board’s investigation Few details of the grand jury’s investiga- to speak with corporate whistle-blowers has focused on defects in the plane’s jack- tion of Alaska Airlines have come to light. without a company lawyer present. screw assembly and horizontal stabilizer, Hatch would add a provisio to McDade say- The airline says that it has received three which controls the up-and-down movement ing federal prosecutors should follow state subpoenas for information related to 12 spe- of the aircraft. standards unless they are inconsistent with In the wake of the crash, the report says, cific aircraft. In a filing with the Securities traditional federal policy, a qualification the FBI received information that the plane and Exchange Commission last month, the that would effectively gut the law. It is had experienced mechanical problems on the airline’s parent company, Alaska Air Group doubtful whether Congress will amend first leg of its flight from Puerto Vallarta, Inc., said one subpoena asked for the repair McDade this year. Mexico, to Seattle. records for the MD–83 craft that crashed in But agents could not interview the air- January. [From the Legal Times, June 26, 2000] line’s employees after the crash because of Matt Jacobs, a spokesman for the U.S. at- ETHICS LAW HURTS PROBE, DOJ SAYS the ethics law, the report says. torney’s office in San Francisco, declined (By Jim Oliphant) ‘‘Those interviews that are most often suc- comment on the status of the investigation, The Justice Department says its criminal cessful—simultaneous interviews of numer- as did the press office for Justice Depart- probe of safety problems at Alaska Airlines ous employees—could not be conducted be- ment in Washington. has been severely hampered by a controver- cause of fear that they might result in ethics The FAA conducted a separate probe of the sial federal ethics law enacted last year. proceedings against the prosecutor,’’ the re- Alaska Airline’s maintenance procedures In documents provided to a Senate com- port says. and proposed a $44,000 fine, which the airline mittee, the department says that a measure Alaska Airlines maintains that it has fully is contesting. The agency recently threat- that forces federal prosecutors to adhere to cooperated with FBI and FAA investigators ened to shut down the airline’s repair facili- state ethics rules has stymied the long-run- during the government’s investigation. It ties in Oakland and Seattle if it did not pro- ning investigation into the airline’s safety has denied any wrongdoing at its Oakland fa- vide a sound plan for improving its safety and maintenance practices. cility. The company has retained Los Ange- protocols.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8574 CONGRESSIONAL RECORD — SENATE September 14, 2000 THE VERY BAD DEBT BOXSCORE of us and this includes making every TRIBUTE TO DR. MILO FRITZ Mr. HELMS. Mr. President, at the effort to account for those patriots who ∑ Mr. STEVENS. Mr. President, Alaska close of business yesterday, Wednes- are missing in action. Our Nation must lost one of its true pioneers when Dr. day, September 13, 2000, the Federal bring them home to their loved ones. Milo Fritz died at his home in Anchor debt stood at $5,685,088,778,465.03 (five To those who paid the ultimate sac- Point at the age of 91. trillion, six hundred eighty-five billion, rifice by giving their lives for our coun- One of America’s pre-eminent eye, eighty-eight million, seven hundred try, we must always be thankful. We ear, nose, and throat surgeons, Milo seventy-eight thousand, four hundred must never take for granted the free- treated patients throughout Alaska. sixty-five dollars and three cents). doms we have due to the men and Dr. Fritz came to Alaska 60 years ago. One year ago, September 13, 1999, the women who have faithfully served our With his wife Betsy, a nurse by his Federal debt stood at $5,654,838,000,000 country in times of war and peace. side, he began a practice that took him (five trillion, six hundred fifty-four bil- May God bless all these American he- into almost every remote community lion, eight hundred thirty-eight mil- roes and their families on this and ev- of our State—to areas where there were lion). eryday.∑ no doctors, no clinics, no health care facilities of any kind. Five years ago, September 13, 1995, f the Federal debt stood at The area he served covered almost a $4,967,411,000,000 (four trillion, nine TEENS FAVOR SENSIBLE GUN quarter of our State’s 586,000 square hundred sixty-seven billion, four hun- LAWS miles, from Anchorage northeast to the Canadian border near Fort Yukon, west dred eleven million). ∑ Mr. LEVIN. Mr. President, a new to Bettles and Huslia, south to Anvik Ten years ago, September 13, 1990, study conducted by researchers at the Federal debt stood at and Shageluk, and east again over the Hamilton College reveals that students Chugach Mountains to Anchorage. $3,234,805,000,000 (three trillion, two across the country are strongly in hundred thirty-four billion, eight hun- Dozens of villages in that vast ex- favor of sensible gun laws. According panse would never have seen a doctor if dred five million). to the report, approximately ninety Fifteen years ago, September 13, 1985, Milo Fritz had not traveled by dog sled percent of high school students sur- or small boat, or piloted his own sin- the Federal debt stood at veyed support proposals such as the $1,823,101,000,000 (one trillion, eight gle-engine airplane, because in that re- registration of handguns and licensing gion there were no health-care facili- hundred twenty-three billion, one hun- of handgun owners, criminal back- dred one million) which reflects a debt ties. ground checks for prospective gun pur- A command surgeon for the 11th Air increase of almost $4 trillion— chasers, and five-day ‘‘cooling off peri- force in World War II, Milo spent much $3,861,987,778,465.03 (three trillion, eight ods.’’ In addition, eighty to ninety per- of his service time in Alaska. After the hundred sixty-one billion, nine hundred cent of the teens surveyed in the poll war, and a brief sojourn in New York, eighty-seven million, seven hundred support laws that would require all he and Betsy returned to Alaska at the seventy-eight thousand, four hundred guns to be sold with trigger locks, re- request of our then-territory’s commis- sixty-five dollars and three cents) dur- quire all gun buyers to pass a safety sioner of health to investigate prob- ing the past 15 years. course, and hold adults criminally re- lems of blindness and deafness among f sponsible for keeping a loaded firearm children in Alaska Native commu- ADDITIONAL STATEMENTS where it could be reasonably accessed nities. by a child and that child harms himself Sterilizing his surgical instruments or others. in boiling water heated on a portable POW–MIA DAY Here are some of the other findings stove he carried with him, Dr. Fritz ∑ Mr. BURNS. Mr. President, I rise from the report: ‘‘High school students performed tonsillectomies and some- today to pay my respects and to ac- back handgun regulation at higher lev- times, in the absence of a dentist, even knowledge our prisoners of war (POW) els than respondents in recent adult had to extract infected teeth. and those still missing in action (MIA). surveys; High school students believe He specialized in treating otitis- In the year 2000, fewer and fewer that the Constitution protects the media, a terrible and common disease Americans understand the meaning of right of citizens to own guns. But they among Alaskan rural children. He wrote this brief account of one of POW/MIA Day, Memorial Day, or Vet- reject the idea that government regula- his typical visits, this one in the vil- erans Day. I feel it is important that I tion of the sale and use of handguns lage of Allakaket, which rests on the and my fellow veterans help our Nation violates this right; Almost half of high Arctic Circle in the foothills of the understand that freedom is not free. It school students say it would be easy Brooks Range: is paid for by the service and sacrifices for a teenager to obtain a handgun in of those who served our country. their neighborhood. A third report that In Allakaket, we operated in a log commu- nity hall and slept in the schoolteacher’s The United States of America has they know of someone at their school quarters. In this village we did 22 T and A’s been honored and blessed with the serv- who has been threatened with a gun or (combined removal of tonsils and adenoids), ice and sacrifice of our men and women shot at.’’ five tonsillectomies, extracted a few teeth, in uniform. Our Nation has been kept The Hamilton College researchers and prescribed two pairs of glasses. strong and safe by these great Ameri- were the first to nationally survey high We took one night off and in my airplane cans and for this we owe a debt we can school students about their feelings to- went into the wilderness into a heavenly ward gun issues. I am not surprised spot called Selby Lake, where we fished for never fully repay. Nobody knows this grayling and lake trout amid majestic sur- more than the friends and families of that the results show overwhelming roundings that were as simple and beautiful those souls who became prisoners of support for the gun safety proposals and unspoiled as they must have been on the war or are still listed as missing in ac- that many of us in Congress have been seventh day (a reference to the biblical ac- tion. Their anguish and pain is un- trying to enact into law. Students are count of creation). imaginable. I believe it is important to well-versed on the dangers of guns in After our territory of Alaska became acknowledge those friends and family their homes and schools. In this sur- the 49th State, Dr. Fritz took advan- members on this day as well. vey, more than twenty-five percent of tage of an opportunity to bring the On September 15, 2000, we acknowl- students reported that they or someone health problems he encountered to the edge with upmost respect and gratitude close to them has been ‘‘shot by a attention of State government, and ran those who have given their freedom to gun.’’ successfully for the Alaska State legis- preserve ours. Those who have been Mr. President, with just a few weeks lature. in the 1960s and early in the prisoners of war have demonstrated remaining until the Senate’s target ad- 1970s he represented Anchorage in our steadfastly the beliefs of duty, honor, journment date, it’s long past time to State house. In 1982 he represented the and country. They never gave up on act. Let’s listen to our young people Kenai Peninsula. I had the privilege to these beliefs and the United States and enact the sensible gun laws they serve with him from 1966 to 1968. must never give up on them. We must want and need to keep American Just as he was a perfectionist in the take care of those who have taken care schools safer from gun violence.∑ practice of medicine, Dr. Fritz was a

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8575 stickler for fair and thorough legisla- in Fritz’s memory. The governor’s office re- No memorial service is planned in accord- tive practices. I remember Milo came counted Fritz’s career in detail: ance with his wishes. to the Alaska House of Representatives He was born in Pittsfield, Mass., on Aug. 5, Born in Pittsfield, Mass., on Aug. 25, 1909, 1909, and came to Alaska in 1940 to set up a at 5:30 a.m.—so he could read and ana- Fritz studied medicine and became a spe- practice in Ketchikan. He was soon drawn cialist in eyes, ears, nose and throat medi- lyze each bill before the regular session away by World War II, serving in the Army cine. He came to Alaska in 1940 to set up a started. Milo had a commitment to the Air Corps beginning in 1941. practice in Ketchikan, but was soon drawn processes of democracy that few people When asked where he wanted to serve, away by the war. He served in the Army Air share or understand. Fritz replied Alaska and was sent back to Corps beginning in 1941 and rose to the rank At the time of his death, a family the state where he’d already set up a prac- of command surgeon for the 11th Air Force. member said: tice. He went across the state, helping sol- He spent many of his war years in Alaska, diers. He rose to the rank of command sur- He was a skilled practitioner of the healing including service in Anchorage and Adak, geon for the 11th Air force. and received commendations for rescuing a arts; a patron of the arts; humanitarian; According to the governor’s office, Fritz solon; diligent inquirer into the mysteries of pilot from a plane crash on Mount Redoubt won commendations for rescuing a pilot and another pilot from a burning plane at El- jurisprudence and its philosophy; a student from a plane crash on Mount Redoubt and of the legislative process; stern foe or hypoc- mendorf Air Base. another pilot from a burning plane at Elmen- After the war, Fritz set up a practice in risy and deceit; physician in the true tradi- dorf Air Base. tion of Hippocrates and Saint Luke; and New York, but in 1947 he was called back by After the war; Fritz went to New York, but the then-Alaska Commissioner of Health to friend. Milo would want people to know that in 1947 he was called back by the then Alaska he tried. investigate blindness among Alaska Native commissioner of health to investigate blind- children. Fritz again made Alaska his home, Mr. President, Milo Fritz’s contribu- ness among Alaska Native children. and his desire to address health problems in tions to Alaska and Alaskans over al- Fritz was elected to the Legislature in 1966 Alaska eventually drew him to the Alaska most three generations are far more and again in 1972 to represent Anchorage in Legislature. Fritz was elected in 1966 and than those of a man who just ‘‘tried.’’ the state House. After moving to Anchor again in 1972 to represent Anchorage in the He left a legacy of caring and hard Point, he was elected to a third term in 1982. state House, and, after moving to Anchor Janet Helen Gamble, has long-time recep- Point, he was elected to a third term in 1982, work and love of people and of his pro- tionist, described Fritz as a missionary. fession that will be hard to match. representing the Kenai Peninsula. ‘‘Sometimes he got paid, sometimes he ‘‘(He was) a skilled practitioner of the He gave his all, over and over again, didn’t, because he really was not interested healing arts; patron of the arts; humani- whether in a distant village or in his in money. He was interested in people’s tarian; solon; diligent inquirer into the mys- office in Anchorage, and Juneau and health, how he could make people see bet- teries of jurisprudence and its philosophy; a Anchor Point. I was not only fortunate ter.’’ student of the legislative process; stern foe to serve with him in our legislature, I Fritz and his wife retired to the house they of hypocrisy and deceit; physician in the bought in 1949, where the scenery hasn’t was also one of his patients. so I know true tradition of Hippocrates and St. Luke; changed much over the decades. ‘‘We see and friend,’’ his family said. ‘‘Milo would first had of the excellence with which nothing man-made from our windows in the he accomplished whatever task was be- want people to know that he tried.’’ summer unless a ship goes by,’’ Elizabeth He was preceded in death by his son, fore him. Fritz said. ‘‘It was the perfect place to end Pieter, in 1977. Flags in Alaska flew at half staff last our lives and do things we’d put aside all Fritz is survived by his wife of 63 years, week to honor the memory of Dr. Milo these years.’’ Elizabeth, and son, Jonathan, both of Anchor Fritz, a great Alaska physician, legis- He is remembered by his family as, ‘‘a Point. lator, and pioneer. A great man. skilled practitioner of the healing arts’’ as In recognition of his services to the people well as a humanitarian and a ‘‘diligent in- To Betsy, his wife of 63 years, and his of Alaska, Gov. Tony Knowles has ordered quirer into the mysteries of jurisprudence state flags lowered through the end of the son Jonathan, we extend our deepest and its philosophy’’ and a ‘‘stern foe of hy- sympathy. I, too, Mr. President, have workday today in memory of the former leg- pocrisy and deceit.’’ islator and pioneer.∑ lost a friend. In addition to his wife of 63 years, Fritz is Mr. President, I ask that the articles survived by his son Jonathan, also of Anchor f about Dr. Fritz’s life and death which Point. No memorial service is planned, in ac- HONORING DR. JOHN DIBIAGGIO, appeared in the Kenai Peninsula Clar- cordance with his wishes. PRESIDENT OF TUFTS UNIVER- ion, and the Anchorage Daily News on [From the Voice of the Times, Anchorage, SITY September 8th and 9th respectively, AK, Sept. 10, 2000] ∑ Mr. KERRY. Mr. President, I would and editor Bill Tobin’s tribute in the PASSING PARADE like to take a few minutes to pay trib- ‘‘voice of the times’’ column on Sep- (By Bill Tobin) ute to someone who has been a good tember 10th, be printed in the RECORD. The death of Dr. Milo Fritz at his Anchor friend to those of us in Massachusetts The material follows: Point home a week ago Thursday took from who are committed to quality higher [From the Anchorage Daily News, Sept. 8, the Alaska scene a pioneer eye doctor and education, Dr. John DiBiaggio, for his 2000] bush pilot who was part of another era—a service, his vision, and the academic DOCTOR, 91, A PIONEER time in Alaska when the Legislature was leadership the he has shown—not just populated by people who had lives outside of FRITZ WORKED WITH DEAF, BLIND IN ALASKA’S in Massachusetts, but nationwide. Dr. BUSH politics. Service in Juneau, back in those DiBiaggio has been the president of (By Jon Little) days, was a part-time affair. Fishermen served and went back to their boats. Physi- Tufts University, in Medford, Massa- SOLDOTNA.—Milo Fritz, a former state cians served, and went back to practices. chusetts, since 1993. Yesterday he an- legislator and pioneering physician who Druggists served, and went back to their nounced that he will be retiring in dedicated much of his life to healing deaf stores. Real estate agents served and went and blind children in the Alaska Bush, died June 2002 and I know that he will be back to the job of selling houses. Dr. Fritz, Aug. 31 at his home in Anchor Point. He was sorely missed. a long-time Anchorage eye surgeon who was 91. I think anyone who has spent time at 91 at the time of his death, was a Republican Gracious, direct and with a razor wit, Fritz member of both the House and the Senate Tufts in the last several years has seen was an institution on the Southern Kenai during his years in politics. He won inter- Dr. DiBiaggio, or his wife, Nancy, Peninsula. national fame for the many years of service walking their dogs on campus. When He was an eye, ear and throat specialist he provided as a medical circuit rider on the DiBiaggio’s moved to Medford in who treated thousands of Alaskans over the countless trips to remote villages through- years, among them Sen. Ted Stevens, friends 1993, they moved into Gifford House, an out rural Alaska. He learned to fly on the and family say. He briefly set up practices on on-campus residence. I think that that G.I. Bill, after service as a major in World Park Avenue in New York, said Elizabeth decision to live on campus, just like an War II, and piloted his own plane on his med- Fritz, has wife of 63 years. incoming freshman, to have an sincere ical missionary work. But Fritz’s career path took a more mean- open-door policy, and to create a real ing route, following his heart to villages [From the Kenai Peninsula Clarion, Sept. 8, sense of community, is an enormous across Alaska. 2000] testimony to his dedication to service. ‘‘So many of the Native children were going blind and deaf for lack of medical MILO H. FRITZ, M.D. Dr. DiBiaggio’s tenure at Tufts has care,’’ she said. Dr. Milo H. Fritz died at his home in An- been an extremely successful one. Gov. Tony Knowles ordered state flags low- chor Point on Thursday, Aug. 31, 2000, after Since Dr. DiBiaggio arrived at Tufts, ered through the end of the workday today a brief illness. He was 91. the university has shored up its fiscal

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8576 CONGRESSIONAL RECORD — SENATE September 14, 2000 condition by tripling the size of its en- endeavors. In 1949, Josh joined me and ner it has not moved an inch, for on dowment. The University has built six a childhood friend to form Automatic January 14, 1997, the club moved back new buildings at its Grafton campus Data Processing (ADP), a small payroll to the foot of Pine Street, into a state and a new fieldhouse. The school’s stu- services company. Thanks to the tire- of the art, multi-million dollar facility. dent-faculty ratio has dropped to 8:1, less efforts of many and Josh’s leader- The boat club has come to play a one of the best of any major college or ship as Chairman, ADP is now the lead- very large role in the lives of Wyan- university. Since Dr. DiBiaggio became ing provider of payroll services world- dotte citizens. Its more than 700 mem- president, the University has estab- wide. bers assist in the coaching, mainte- lished study abroad programs in Chile, When I first heard that Josh was nance and administration of the club’s Moscow, Japan and Ghana. being honored, I was not surprised. activities and regattas. They teach Most recently, he announced the cre- Josh has always been an active partici- rowing programs to individuals of all ation of a new school of public service. pant of worthy causes. Josh and his ages. Furthermore, in the mid 1940’s, In my judgment, The University Col- wife, Judy, formed the Weston Science the club began to sponsor a program of- lege of Citizenship and Public Service Scholars Program, an innovative fering rowing to area high school stu- will be one of Dr. DiBiaggio’s most en- science program that affords selected dents. In its 50 plus years, the program during legacies at Tufts. Despite the ninth- and tenth-grade students from has now expanded to include elemen- large increase in volunteer rates Montclair High School the opportunity tary and middle school students as well among Tufts students, Massachusetts to work with Ph.D. scientists at as high school students. The school residents and citizens nationwide, Montclair State University. programs are open to all students and voter apathy and cynicism are at all- While Josh knows the educational there is no charge to the student or the time highs. This new school will be a value of a good math and science pro- school for participation. Many of the ‘‘virtual college,’’ which aims to incor- gram, he also recognizes the need for high school oarsmen who have partici- porate the goals of public service into American Jewish students to form a pated in the program have become the school’s curriculum. In April, the bond with Israel. For more than five known both nationally and inter- College of Citizenship and Public Serv- years, Josh has underwritten the costs nationally as top competitors in the ice received a $10 million donation of a United Jewish Federation program rowing arena. from Pierre and Pam Omidyar, the in which a college student attends a se- Mr. President, I applaud the members founders of the person-to-person online mester abroad in Israel. of the Wyandotte Boat Club for the trading website, eBay. This gift al- In addition to Josh’s philanthropic many beneficial things they do for the lowed the College of Citizenship and contributions, he sits on many com- citizens of Wyandotte on a daily basis. Public Service to grant twenty-one mittees. Josh is the president of the In particular, to sponsor rowing for scholarships to undergraduates to par- Josh and Judy Weston Family Founda- children of all ages, which not only ticipate in programs geared to develop tion of Montclair. He serves on the gov- provides these children with a lifelong values and skills of active citizenship erning boards of the International Res- hobby, but also helps to teach them and covers the financial aid needs of cue Committee, the New Jersey Sym- some of life’s most basic and important students who are eligible for scholar- phony, the New Jersey Business Part- lessons. On behalf of the entire United ship assistance. nership, the Liberty Science Center, States Senate, I congratulate the Wy- Tufts is no longer one of Massachu- Mountainside Hospital, Boys Town of andotte Boat Club on 125 successful setts’ best kept secrets. Under Dr. Jerusalem and Yeshiva University years, and wish the group continued DiBiaggio’s guidance, Tufts’ under- Business School, among others. He is success in the future.∑ graduate, medical, dental, nutrition, the recipient of many awards, includ- f international relations, and veterinary ing an honorary degree from Montclair THE 25TH ANNIVERSARY OF THE schools have grown in stature and are State University. ANTIQUE AND CLASSIC BOATING consistently ranked among the na- Mr. President, I am pleased to honor SOCIETY tion’s elite. The number of applicants my good friend Joshua Weston on this increased by more than 70 percent in acclaimed occasion. We are indebted to ∑ Mr. ABRAHAM. Mr. President, I rise just the past five years. The test him for his service. He has dem- today to recognize the 25th Anniver- scores, grades and class rank of the in- onstrated to his family, his friends, and sary of The Antique and Classic Boat coming freshmen continues to break his community that this honor is well- Society (ACBS), which will be cele- school records. The University is now deserved. I salute him on yet another brated from September 21–24, 2000, at standard on U.S. News and World Re- great achievement.∑ the Grand Hotel on Mackinac Island, port’s annual list of top colleges and f Michigan. For 25 years, the ACBS has universities, rubbing elbows with Har- united individuals with an interest in 125TH ANNIVERSARY OF THE historic, antique and classic boats, al- vard, MIT and Boston College. WYANDOTTE BOAT CLUB I again commend Dr. DiBiaggio on a lowing them to share fellowship, infor- successful term as President of Tufts ∑ Mr. ABRAHAM. Mr. President, I rise mation, and experiences. University. All of us in Massachusetts today to recognize the 125th Anniver- The ACBS is an international organi- know the tremendous vision and schol- sary of the Wyandotte, Michigan, Boat zation headquartered on the St. Law- arship that will be the legacy of Dr. Club, which will be celebrated on Sep- rence River in the Thousand Islands re- DiBiaggo’s service at Tufts. I know tember 23, 2000. Established in 1875, the gion of Clayton, New York. It cur- that he will be missed by students, par- club is revered in the annals of rowing, rently has 44 chapters worldwide, and a ents and alumni alike, but I thank him and for 125 years it has been a staple of membership of over 6,500 individuals. for his service, and I am genuinely the Wyandotte community, encour- The organization was founded not only happy for him and for Nancy. I wish aging the citizens of Southeastern to unite individuals with an interest in them the best of luck in their future Wayne County to flourish physically, antique and classic boats, but also to endeavors.∑ mentally and morally. protect and promote the heritage of The Wyandotte Boat Club is located f boating. It does this through the pres- on the Detroit River, approximately 15 ervation and restoration of historic TRIBUTE TO JOSHUA S. WESTON miles ‘‘downriver’’ of Detroit. It was boats, as well as by encouraging mem- ∑ Mr. LAUTENBERG. Mr. President, I formed in 1875 when a group of Wyan- bers to share their love and enjoyment rise today to pay tribute to Joshua S. dotte men, led by Mr. John McKnight, of all aspects of historic, antique and Weston, a longtime friend, and one of officially organized and together pur- classic boating with both other mem- New Jersey’s most actively involved chased a ten-oar barge. The first home bers and the general public. citizens, on the occasion of his receiv- of the club was at the foot of Pine I think it is important to note here ing the ‘‘Distinguished Achievement Street in a shed behind the summer the large role that the State of Michi- Award’’ by B’nai B’rith International. home of a resident of Wyandotte. And gan has played in the growth and de- Mr. President, over the years Josh though the club has come a very long velopment of the recreational boating and I have worked together on many way since this time, in a literal man- industry. Beginning as early as the

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8577 1920’s, and continuing through the Mr. President, I applaud Mrs. Apartments has enabled the Escanaba 1970’s, the four most recognized Amer- Jankowski for the wonderful work that Housing Commission, in coalition with ican boat builders were headquartered she has done for the Ladies Auxiliary the Department of Housing and Urban in Michigan: Chris Craft in Algonac; to the VFW. Her supreme dedication to Development, to provide low-income Gar Wood in Marysville; Hacker Craft that cause and her unending desire to housing to members of the Escanaba in Mount Clemens; and Century in help our Nation’s veterans is both ad- community. Manistee. Thus, I think that it is only mirable and inspirational. On behalf of Harbor Tower, an 18 floor, 175 apart- right that the 25th Anniversary of the the entire United States Senate, I con- ment building, was built in 1970. The Antique and Classic Boat Society be gratulate Mrs. Jankowski on taking of- official dedication of the building took celebrated in the Water Wonderland fice as National President of the Ladies place on July 13th of that same year, State of Michigan. Auxiliary to the Veterans of Foreign and was attended by Miss America Mr. President, I applaud the ACBS Wars of the United States, and wish for having grown into the world’s larg- her great success as she leads this out- Pamela Anne Eldred. The Harbor est organization dedicated to the pres- standing organization.∑ Tower Apartments are managed by the Escanaba Housing Commission, a group ervation and enjoyment of historic, an- f tique and classic boats, a fact which comprised of five full-time employees pays tribute to the many people who DEPUTY CHIEF CHARLES L. and a five member Board of Commis- have devoted themselves not only to BIDWELL CELEBRATES 50 YEARS sioners appointed by the City Council promoting the heritage of boating, but OF SERVICE of Escanaba. also to promoting the ACBS and the ∑ Mr. ABRAHAM. Mr. President, I rise To qualify to live in Harbor Tower many wonderful things it does to pre- today to recognize Deputy Chief Apartments, individuals must meet the serve this heritage. On behalf of the en- Charles L. Bidwell of the Brighton, income guidelines set out by HUD. If tire United States Senate, I congratu- Michigan, Area Fire Department, who they qualify under these guidelines, late the Antique and Classic Boat Soci- will be honored for 50 years of fire serv- their rent is determined by their in- ety on its 25th Anniversary, and wish ice to the City of Brighton at a dinner come, with HUD providing subsidy the organization continued success in on September 19, 2000. funds. Harbor Tower Apartments is the future.∑ Deputy Chief Bidwell has been an ac- considered a high performer by HUD’s f tive or on-call firefighter since Sep- PHMAP scoring system. The PHMAP is tember 14, 1950. He spent his entire ca- a grade given to the management and A TRIBUTE TO MRS. PATRICIA reer with the City of Brighton Fire De- JANKOWSKI staff on their performance and upkeep partment until July 1, 1998, when the of the building. ∑ Mr. ABRAHAM. Mr. President, on City of Brighton Fire Department and August 25, 2000, Mrs. Patricia the Brighton Township Fire Depart- Perhaps the most important element Jankowski of Garden City, Michigan, ment merged to form the Brighton of Harbor Tower Apartments, at least took office as National President of the Area Fire Department. to the Escanaba Housing Commission, Ladies Auxiliary to the Veterans of Deputy Chief Bidwell is retired from is to make residents feel as if they are Foreign Wars at the organization’s 87th the General Motors Proving Grounds in a part of a community. They can par- National Convention. On September 23, Milford, Michigan. He has held the po- ticipate in a variety of activities, in- 2000, there will be a Homecoming cele- sition of Deputy Chief since 1988, and cluding a weekly Rosary, monthly bration in her honor at the Marriott remains one of the most active mem- church services, a monthly club meet- Hotel in the Detroit Renaissance Cen- bers of the Brighton Area Fire Depart- ing, a summer picnic, and other special ter, and I rise today to offer my con- ment. For the past decade, he has led dinners. In addition, membership in the gratulations to Mrs. Jankowski as she the department in alarm response. Harbor Tower Club is available to any returns to Michigan. From June 27, 1994 until January 15, resident for only $6 per year. The club’s Mrs. Jankowski is a Life Member of 1995, Mr. Bidwell acted as interim Chief activities include a monthly catered Northville Auxiliary #4012. Since be- of the City of Brighton Fire Depart- dinner and dance, an annual Christmas coming a member of the Ladies Auxil- ment. He was named the City of Brigh- Bazaar, and special holiday parties. iary to the VFW, she has been actively ton’s Firefighter of the Year in 1987, Mr. President, I congratulate all of involved on all levels of the organiza- and, at the annual conference of the the people whose hard work over the tion. She has served served as Auxil- Michigan State Firemen’s Association years has made this 30th birthday pos- iary President, District #4 President, in Ludington earlier this year, he was sible. It is because of their dedication and in 1990–91 was selected the Out- selected as Michigan’s Firefighter of that quality housing remains an option standing President of the Year in her the Year in honor of this remarkable to Escanaba citizens of all income lev- membership group when she served as achievement. els. On behalf of the entire United State President. Mr. President, I applaud Deputy States Senate, I wish the Harbor Tower On the national level, Mrs. Chief Bidwell on his extensive fire- Apartments continued success in the Jankowski has served as National Flag fighting career and his dedication to future.∑ Bearer, National Cancer Aid and Re- the City of Brighton. He is one of the search Director, and National Director State of Michigan’s true role models, f for the VFW National Home program. and I am glad that the City of Brighton As a member of Blazzette Color Guard and the Brighton Area Fire Depart- for five years, she holds two Bronze and ment have taken this opportunity to MESSAGES FROM THE PRESIDENT one Silver Medal for competition at recognize his many contributions. On Messages from the President of the National VFW Convention. In 1989, she behalf of the entire United States Sen- United States were communicated to earned National Aide-de-Camp status ate, I congratulate Deputy Chief the Senate by Ms. Evans, one of his for recruiting members. And just last Charles L. Bidwell on 50 years of serv- secretaries. year, as National Senior Vice-Presi- ice, and wish him continued success in dent, she represented the Auxiliary on the future.∑ EXECUTIVE MESSAGES REFERRED a tour of Europe. f Mrs. Jankowski’s election to this na- As in executive session the Presiding tional office is the highlight of a career 30TH BIRTHDAY OF HARBOR Officer laid before the Senate messages dedicated to public service. During her TOWER APARTMENTS from the President of the United term in office, she will encourage fel- ∑ Mr. ABRAHAM. Mr. President, I rise States submitting sundry nominations low members to raise $3 million for the today to recognize the 30th birthday of which were referred to the appropriate Auxiliary Cancer Aid and Research Harbor Tower Apartments in Escanaba, committees. Fund for the 13th consecutive year, Michigan, which was officially cele- (The nominations received today are with her ultimate goal being to top all brated on July 13, 2000. For thirty printed at the end of the Senate pro- previous program records. years, the presence of Harbor Tower ceedings.)

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8578 CONGRESSIONAL RECORD — SENATE September 14, 2000 REPORT OF THE INTERAGENCY the U.S. Arctic Research Plan as required in The following recommendations are from ARCTIC RESEARCH POLICY COM- Section 108(a)(10). the Arctic Research Commission report MITTEE—MESSAGE FROM THE Continued to maintain the Arctic Environ- ‘‘Goals and Opportunities for United States mental Data Directory (AEDD), which now Arctic Research’’ (1999). PRESIDENT—PM 127 contains information on over 400 Arctic data RECOMMENDATIONS FOR AGENCIES The PRESIDING OFFICER laid be- sets. AEDD is available on the World Wide At the request of the IARPC agencies we fore the Senate the following message Web. are including specific recommendations for from the President of the United Continued the activities of an Interagency these agencies and interagency groups in Social Sciences Task Force. Of special con- States, together with an accompanying order to make clear to them our view of the cern is research on the health of indigenous opportunities. report; which was referred to the Com- peoples and research on the Arctic as a mittee on Governmental Affairs. unique environment for studying human en- National Science Foundation The National Science Foundation Arctic To the Congress of the United States: vironmental adaptation and sociocultural change. Science Section in the Office of Polar Pro- As required by section 108(b) of Pub- Continued to support an Alaska regional grams has made great strides in recent years lic Law 98–373 (15 U.S.C. 4107(b)), I office of the Smithsonian’s Arctic Studies in their interest in and efforts on behalf of transmit herewith the Eighth Biennial Center in cooperation with the Anchorage research in the Arctic. We are pleased with Report of the Interagency Arctic Re- Historical Museum to facilitate education several developments in recent years, includ- search Policy Committee (February 1, and cultural access programs for Alaska resi- ing the partnership with the Commission in support of the ARCUS Logistics Study, the 1998, to January 31, 2000). dents. Supported continued U.S. participation in participation of the Section’s staff on the WILLIAM J. CLINTON. the non-governmental International Arctic Commission’s field trips to Greenland and THE WHITE HOUSE, September 14, 2000. Science Committee, via the National Re- Arctic Canada, and the Foundation’s support EIGHTH BIENNIAL REPORT OF THE INTER- search Council. for the swath bathymetric mapping system AGENCY ARCTIC RESEARCH POLICY COM- Participated in the continuing National deployed in 1998 as part of the SCICEX Pro- MITTEE TO THE CONGRESS—FEBRUARY 1, 1998 Security Council/U.S. Department of State gram. Nevertheless, there still remains a TO JANUARY 31, 2000 implementation of U.S. policy for the Arctic. substantial disparity between support for re- (Prepared by the National Science Founda- U.S. policy for the Arctic now includes an search in the Antarctic and in the Arctic. A tion for the Interagency Arctic Research expanded focus on science and environ- new era is about to dawn in Arctic research Policy Committee) mental protection and on the valued input of because of the arrival in 2000 of the new Coast Guard icebreaker Healy. Healy has the BACKGROUND Arctic residents in research and environ- potential to become the most important ship Section 108(b) of Public Law 98–373, as mental management issues. Participated in policy formulation for the for Arctic research ever launched. On the amended by Public Law 101–609, the Arctic other hand, it may languish at the dock Research and Policy Act, directs the Inter- ongoing development of the Arctic Council. This Council incorporates a set of principles making only occasional forays into the Arc- agency Arctic Research Policy Committee tic. The National Science Foundation has (IARPC) to submit to Congress, through the and objectives for the protection of the Arc- tic environment and for promoting sustain- committed to Healy by ending its support for President, a biennial report containing a the ARV design activity conducted by the statement of the activities and accomplish- able development. IARPC supports the con- tributions being made to projects under the University National Oceanographic Labora- ments of the IARPC. The IARPC was author- tory System. Healy will be the principal U.S. ized by the Act and was established by Exec- Council’s Arctic Monitoring and Assessment Program (AMAP) by a number of Federal resource for surface studies of the Arctic utive Order 12501, dated January 28, 1985. Ocean. Having committed philosophically to and State of Alaska agencies. IARPC’s Arc- Section 108(b)(2) of Public Law 98–373, as Healy it is essential that NSF find the re- tic Monitoring Working Group serves as a amended by Public Law 101–609, directs the sources to operate Healy as a research vessel IARPC to submit to Congress, through the U.S. focal point for AMAP. Approved four coordinated Federal agency with a minimum operating schedule of ap- President, as part of its biennial report, a proximately 200 days per year. Without suffi- statement ‘‘detailing with particularity the research initiatives on Arctic Environmental Change, Arctic Monitoring and Assessment, cient operating support, the NSF commit- recommendations of the Arctic Research ment to Healy will be a hollow one. The FY Assessment of Risks to Environments and Commission with respect to Federal inter- 99 budget for the Foundation contains a sub- People in the Arctic, and Marine Science in agency activities in Arctic research and the stantial increase in funding for Arctic Logis- the Arctic. These initiatives are designed to disposition and responses to those rec- tics needs. ommendations.’’ In response to this require- augment individual agency mission-related NSF appreciates the Commission’s com- ment, the IARPC has examined all rec- programs and expertise and to promote the ments on the great strides in recent years by ommendations of the Arctic Research Com- resolution of key unanswered questions in the Arctic Science Section, Office of Polar mission since February 1998. The required Arctic research and environmental protec- Programs, on behalf of research in the Arc- statement appears in Appendix A. tion. The initiatives are intended to help tic. NSF’s commitment to supporting Arctic guide internal agency research planning and ACTIVITIES AND ACCOMPLISHMENTS research in all areas remains strong, but priority setting. It is expected that funding NSF is to the sole Federal sponsor for Arctic During the period February 1, 1998, to Jan- for the initiatives will be included in agency uary 31, 2000, the IARPC has: studies. As the Commission is aware, both budget submissions, as the objectives and po- NSF and the Office of Polar Programs must Prepared and published the fifth biennial tential value are of high relevance to the revision to the United States Arctic Re- continually find the appropriate balance of mission and responsibilities of IARPC agen- support for a wide variety of disciplines and search Plan, as required by Section 108(a)(4) cies. of the Act. The Plan was sent to the Presi- activities. In the specific case of supporting Convened formal meetings of the Com- research that requires the use of the Healy, dent on July 7, 1999. mittee and its working groups, staff commit- Published and distributed four issues of the NSF’s FY 00 budget request included funding tees, and task forces to accomplish the for initial testing for scientific applications journal Arctic Research of the United above. States. These issues reviewed all Federal of the Healy. In FY 00 the Foundation also Appendix A: Interagency Arctic Research Policy agency Arctic research accomplishments for hopes to support limited research on the Committee Responses to Recommendations of FY 96 and 97 and included summaries of the Healy during the science system testing the Arctic Research Commission IARPC and Arctic Research Commission cruises. Long-term planning (FY 01 and beyond) in- meetings and activities. The Fall/Winger 1999 Section 108(b)(2) of Public Law 98–373, as cludes continued support for research on the issue contained the full text of the sixth bi- amended by Public Law 101–609, directs the Healy. Support for up to 100 operating days is ennial revision of the U.S. Arctic Research IARPC to submit to Congress, through the planned, although it is unclear whether the Plan. President, as part of its biennial report, a Consulted with the Arctic Research Com- statement ‘‘dealing with particularity the amount required to fully fund 200 operating mission on policy and program matters de- recommendations of the Arctic Research days, including science costs, would be avail- scribed in Section 108(a)(3), was represented Commission with respect to Federal inter- able for this purpose from NSF. NSF will work with other user agencies to develop at meetings of the Commission, and re- agency activities in Arctic research and the mechanisms for science support for the sponded to Commission reports and Rec- disposition and responses to those rec- Healy. ommendations (Appendix A). ommendations.’’ In response to this require- Continued the processes of interagency co- ment, the IARPC has examined all rec- Department of Defense operation required under Section 108(a)(6)(7), ommendations of the Arctic Research Com- A number of activities fall under the De- (8) and (9). mission since January 1998. The previous partment of Defense. Chief among these is Provided input to an integrated budget IARPC report, submitted in January 1998, re- the SCICEX Program of the Department of analysis for Arctic research, which esti- sponded to Commission recommendations the Navy. The 109th Airlift Wing of the New mated $185.7 million in Federal support for through 1997. Many of these recommenda- York Air National Guard provides LC–130 FY 98 and $221.5 million in FY 99. tions deal with priorities in basic and applied support for both Arctic and Antarctic re- Arranged for public participation in the de- Arctic research that ongoing agency pro- search operations. In addition, DOD is con- velopment of the fifth biennial revision to grams continue to address. ducting a program entitled Arctic Military

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8579 Environmental Cooperation (AMEC) jointly operation of the Navy in the declassification tiative beginning in 1996 at a funding level of with the Norwegian and Russian ministries of bathymetric and ice profile data collected approximately one million dollars. The Com- of defense. The Commission encourages the by Navy nuclear submarines in the Arctic. mission supports this initiative and rec- Department of Defense to continue to pro- The value of these data is indicated by the ommends that it continue in the coming fis- vide support for Arctic research and environ- importance attached to the bathymetric cal year and eventually becomes an ongoing mental studies and to communicate with the data by the international community in con- part of the NOAA program. Commission on any new programs. nection with the update of the GEBCO chart NOAA appreciates the recognition by the The level of interest in Arctic research of Arctic Ocean bathymetry. Navy data will Commission of its role as U.S. lead agency continues to wane at the Office of Naval Re- at least double the data base available for for the Arctic Monitoring and Assessment search. The fact that the Arctic Ocean is no this update. Program (AMAP). It is NOAA’s intention to longer considered an area of strategic threat Finally, the Commission recommends that continue its participation in AMAP, to co- is due to the decrease in tensions with Rus- the Navy cooperate fully in a study of the ordinate interagency AMAP projects in a sia. The result has been a precipitous decline costs and benefits of retaining a Sturgeon partnership effort, to increase outreach to in funding for Arctic studies at the Office of Class submarine as an auxiliary research impacted Alaskan communities, and to pro- Naval Research. The Commission believes platform for worldwide use by the civilian mote greater involvement in AMAP activi- that the decrease in Arctic operations is a science community as discussed above. ties by Alaskan people and organizations at reason for maintaining research levels in the The Army Cold Regions Research and En- both local and statewide levels. Arctic in order to maintain the national ca- gineering Laboratory (CRREL) in Hanover is NOAA also appreciates the Commission’s pability in the region. Research is generally a national treasure. In the current climate of support of the Arctic Research Initiative much less expensive than operations and the budget stringency the pressure on Army labs (ARI), a peer-reviewed research effort that knowledge base created and maintained by is growing. The Commission wishes to be on we have administered jointly with the Coop- research in the region may be of vital na- record in support of the vital national re- erative Institute for Arctic Research at the tional interest in the future, particularly as source that exists at CRREL. Serious reduc- University of Alaska Fairbanks. After a access to the Arctic Ocean improves, a fact tions at CRREL might be helpful in the start at the $1.0 million level in FY 97, the made likely through the observed thinning short term but a detriment to the national ARI received $1.5 million in FY 98 and $1.65 of Arctic sea ice. Reduced military activities welfare over the long term. The Commission million in FY 99. NOAA intends to continue in the region do not justify reduced research encourages continued support for CRREL. this program, and the President included efforts and may be an excellent justification The Commission has recently discussed support for the ARI as part of NOAA’s base for maintaining and even increasing re- with CRREL the importance of under- budget request for FY 00. NOAA completed a search. standing the effects of global climate change report on the first three years of the ARI and With this mind, the Commission com- on the permafrost regime. The Commission provided copies of the report to the Commis- mends the efforts of the Navy in carrying looks forward to CRREL’s plans for further sion. out the SCICEX cruises. The Commission study of climate change and permafrost, sup- As the Commission is doubtless aware, in notes the substantial effort made by the ports the concept and encourages support for FY 00 NOAA is combining ARI funds with Navy to support this program in the face of these studies by all of the IARPC agencies. International Arctic Science Center funds in shrinking resources and facilities. These ex- The Department of Defense invests in R&D a joint announcement of opportunity. This peditions into the Arctic Ocean aboard oper- priorities consistent with mission require- announcement was released to the Arctic ational fast attack nuclear submarines show ments and resources. First and foremost, the science community on August 18, 1999. It in- an extraordinary interest in the support of Science and Technology investments within vites proposals on global change and its ef- science by the Navy. The question of the DoD are undertaken to ensure that fects on the Arctic, including detection; continuation of these cruises after 1999 and warfighters today and tomorrow have supe- interactions and feedback; paleoclimates, the retirement of the last of the Sturgeon rior and affordable technology to support Arctic haze, ozone and UV; contaminants; Class submarines is of great concern to the their missions and to give them revolu- and impacts and consequences of change. Commission, and the Commission rec- tionary war-winning capabilities. Thus, the The announcement is available on the IARC ommends that the Navy explore with the sci- DoD S&T investment is directly linked to web page at http://www.iarc.uaf.edu and on entific community the means to continue the assessment of current and future secu- the CIFAR web page at http:// this invaluable access to the Arctic Ocean. rity threats. While the interest of the De- www.cifar.uaf.edu. The SCICEX Program began in 1998 to col- partment of Defense and the Office of Naval In order to focus our Arctic research ef- lect swath bathymetric data in the Arctic Research in Arctic research and environ- forts more sharply, we have established an for the first time from a submarine. This in- mental studies remains strong, the Arctic Research Office within NOAA’s Office strument, known as the Seafloor Character- prioritization of S&T funding is subject to of Oceanic and Atmospheric Research. ization And Mapping Pods (SCANP), has the fiscal realities and must consider present The National Undersea Research Program been made possible by the enthusiastic sup- strategic and operational requirements. The (NURP) has had a long and perilous history. port of the National Science Foundation’s Department remains committed to funding Only occasionally has it appeared in the Office of Polar Programs. These data col- Arctic research at a level commensurate President’s budget. The Commission believes lected by SCAMP will be of great value for with the mission requirements. Contrary to that NOAA-NURP can be a valuable asset to students of the region from many disciplines. the Commission’s assertion, the decrease in the research community. In particular, the The region surveyed in 1998 and 1999 will military operations in the Arctic is not a ra- Commission takes note of the report of the comprise only a moderate fraction of the tionale for maintaining or expanding depart- ‘‘Blue Ribbon Panel,’’ which spelled out a area of the deep water portion of the Arctic mental S&T efforts in the region. new paradigm for NURP. The Commission’s Ocean. The means to continue gathering From an S&T perspective, the Department interests in NURP’s activities in the Arctic swath bathymetry with the SCAMP system of Defense supports the Navy’s ongoing ex- include the use of unmanned and autono- should be developed for the future, pref- amination of the feasibility of continued mous underwater vehicles in the Arctic as erably using Navy nuclear submarines. This Arctic research using Navy submarines. well as the employment of the Navy’s nu- recent development in submarines capability Such analysis is taking into account DoD’s clear submarine assets under the SCICEX is a reinforcing reason to continue the national security mission, the national secu- Program noted above. The Commission be- SCICEX Program. A corollary issue is the rity requirements for submarine operations, lieves that the time has come for an organic declassification of achieved bathymetry data downsizing of the operational fleet, and the act for NURP that will establish it as an on- collected on previous operations. These data life-cycle costs of implementation of an ex- going activity with a structure based largely are a valuable resource for the research com- tension of the SCICEX research program. on the recommendations of the ‘‘Blue Ribbon munity. A continuing program should be es- Further, the Navy is cooperating with NSF Panel.’’ As part of their mission NURP tablished to bring these data out from the and its contractors in an ongoing study of should undertake to fulfill the commitment classified realm respecting the security con- the costs and benefits of retaining a Stur- made in the SCICEX MOA to support the re- cerns, which may surround the collection of geon Class submarine as an auxiliary re- search infrastructure costs of the SCICEX these data. The construction of the new U.S.- search platform for civilian science applica- Program. Russian Arctic Ocean Atlas CD shows that Following the reinvention of the National tions operated on a reimbursable basis. these difficulties may be overcome. Undersea Research Program (NURP), which As a further indication of the utility of National Oceanic and Atmospheric Administra- began in 1997, the program has been included Navy nuclear submarines for research in the tion in the President’s budget each year at in- Arctic Ocean, the Commission also notes the NOAA has been the leading U.S. agency for creasing levels. The Blue Ribbon Panel re- cooperation of the Navy in attempting to AMAP. In this role, NOAA has supplied both port was taken into account in the restruc- carry out a test of the submarine as a receiv- staff efforts and funding to the AMAP. These turing of the program, and an organic act ing ship for seismic refraction measure- efforts have been largely conducted on a supporting the reinvention is under review ments. This test, when completed, will indi- goodwill basis without organized programs by the Administration. cate the suitability of the submarine for or a satisfactory funding base. NOAA de- Regarding the SCICEX program, the Direc- such experiments, and the Commission en- serves great credit for these efforts and the tor of NURP serves on the National Science courages further investigation of this con- Commission commends and supports their Foundation’s Study Steering Committee to cept. The Commission also notes the co- efforts. NOAA has conducted an Arctic Ini- examine and analyze the costs and benefits

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8580 CONGRESSIONAL RECORD — SENATE September 14, 2000 of employing a U.S. Navy nuclear submarine has been involved in extensive Russian and sessment paradigm. This paradigm has led to dedicated to global oceanographic science. former Soviet Union data rescue activities. the conclusion that the U.S. Arctic popu- This would be a follow-on to the SCICEX The NOAA/NESDIS Environmental Services lation is not of high priority because of its program. Based on the results of this study Data and Information Management program small size. This ignores the closeness of the and future budget levels, NURP will deter- has funded most of these activities. A list of relationship of these people to their environ- mine its contributions to support infrastruc- rescued data sets at NSIDC is available to ment (roughly 50 percent of their annual ca- ture and research costs in any follow-on to the Commission. Many more data sets are in loric intake comes from native plant and the SCICEX program. need of rescue and publication. These include animal species), the environmental stresses NOAA operates a suite of National Data ice station seismic refraction stations, bore- on village life (almost 50 percent of Alaskan Centers including the National Snow and Ice hole temperature measurements, and addi- villages use the ‘‘honey bucket’’ system for Data Center, the National Oceanographic tional years of sea ice data. human waste disposal), and their vast and Data Center, the National Geophysical Data Since 1989 the National Climatic Data Cen- ancient store of traditional knowledge of the Center and the National Climate Data Cen- ter has been exchanging meteorological and Arctic environment. ter. These data centers are charged with the climate data on an annual basis with the All- There are important efforts in the Arctic responsibility for data rescue in the former Russian Research Institute for sponsored by the EPA’s Office of Inter- Soviet Union. The Commission recommends Hydrometeorological Information (RIHMI) national Programs. EPA’s Office of Inter- that the national data centers communicate under the ‘‘U.S.-Russia Agreement on the national Activities (OIA) has supported the the nature of their data rescue activities to Cooperation in the Field of Protection of the study of contaminants in umbilical cord the Commission and expand them as nec- Environment and Natural Resources.’’ Data blood samples from Arctic residents. This essary to collect data vital to our under- exchanged include three- and six-hourly syn- AMAP-sponsored program was ignored dur- standing of the Arctic, especially the dis- optic weather reports (since 1966), daily tem- ing the AMAP initial assessment activities persal of contaminants in the region. perature and precipitation (since 1884), daily but has been resurrected with the assistance The NOAA National Data Centers (NNDC) snow (since 1874), daily snow in heavily and support of EPA-OIA. EPA-OIA has pro- continue their long history of cooperative wooded areas (since 1996), monthly total pre- posed other activities in the Arctic including data exchange with counterpart institutions cipitation (since 1890), and upper air data projects to assess and reduce sources of mer- in the former Soviet Union (FSU). The fol- (since 1960). cury and PCBs. The Commission commends lowing summary highlights some of the In 1996 a project was initiated with RIHMI EPA-OIA for their efforts and urges support oceanographic, meteorological, and geo- to rescue synoptic weather observations con- for their activation and expansion. physical data sets recovered and made public tained on 10,000 magnetic tapes at risk of The Arctic Research Commission expressed in the past few years as a result of this co- being lost due to age and deterioration. The appreciation for ongoing research sponsored operation. While these data are significant data from approximately 80 observing sites by the Office of International Activities contributions to our knowledge of Arctic re- from 1891 to 1935, 700 stations from 1936 to (OIA) on contaminants in cord blood of Na- gions, our FSU colleagues indicate there are 1965, 1300 sites from 1966 to 1984, and 2000 tive infants, and strong concerns about the enormous holdings still in manuscript form sites from 1985 to the present were copied to lack of investment by the Office of Research or on outdated magnetic tapes. Reasonable new media. In addition, daily precipitation and Development (ORD). Below are responses estimates to acquire these additional data data were extracted from the observations to these concerns, and a brief outline of and make them available far exceed the re- and provided to the National Climatic Data EPA’s relevant activities. sources available to NNDC. Center for the preparation of a U.S.-Russian Support of AMAP The National Oceanographic Data Center precipitation data set for research. EPA’s decision to withdraw from the (NODC) has an active, proposal-driven pro- During 1999 a cooperative project was initi- AMAP process in 1994 was based on issues gram of ‘‘data archaeology and rescue’’ for ated to make available to NCDC the upper other than recognition of the importance of oceanographic and ancillary meteorological air data from the Russian Arctic drifting this activity. EPA has re-engaged with data for the world ocean. These activities are stations (data beginning during the 1950s). AMAP by directly supporting the Heavy funded by NOAA’s Office of Global Programs Environmental Protection Agency Metals workgroup and conducting other and by the NOAA/NESDIS Environmental work relevant to contaminant issues in the Services Data and Information Management The Environmental Protection Agency’s Office of Research and Development (ORD) Arctic. program. As a result of this project, substan- In March 1999 the Office of Research and tial amounts of data for the sub-Arctic and has shown little interest in the study of the special environmental concerns in the Arc- Development (ORD) agreed to chair the Arctic have been made available internation- Heavy Metals Team during AMAP Phase II. ally without restriction on CD–ROM as part tic. Although the EPA–ORD was closely en- gaged in the Arctic and a principal support To that end, EPA organized and sponsored a of ‘‘World Ocean Database 1998’’ (WOD98) and workshop ‘‘Heavy Metals in the Arctic’’ in the ‘‘Climatic Atlas of the Barents Sea 1998: for the activities of the Arctic Environ- mental Protection Strategy up until 1994, September 1999 to produce a final AMAP Temperature, Salinity, Oxygen’’ products. Phase II heavy metals research plan and to The majority of these rescued data are from subsequent involvement has been minimal. This has left the United States committed to establish an international heavy metals Russian institutions. There are an estimated team. ORD has committed to producing a 500,000 Russian Nansen casts from the programs under the Arctic Environmental Protection Strategy, particularly in AMAP, Phase II report in 2003 that includes unre- Barents Sea and surrounding areas still not ported U.S. data from Phase I and new data available, many of these data being in manu- for which the appropriate agency (Environ- mental Protection) refrained from providing from Phase II. The eco-system-level risk as- script form. sessment process will serve as the conceptual The Ocean Climate Laboratory of NODC support. The Commission considers this to framework for organizing research results. also is working with the Murmansk Marine have been a short-sighted decision and rec- EPA’s ability to launch major new research Biological Laboratory to construct and pub- ommends strongly that the EPA–ORD make programs to fulfill AMAP research plans is lish a ‘‘Plankton Atlas of the Barents Sea.’’ a substantial effort in the study of contami- problematic. Available funds will have to be A second atlas on the physical properties of nants in the Arctic. The U.S. has been judged used strategically to focus on the most es- the Barents Sea will be expanded to include an underachiever by the international com- sential portions of the AMAP Phase II plan. the Kara and White Seas. Russian institu- munity involved in the AEPS and the cur- For success, efforts will be made to find tions have expressed interest in developing rent discussion on the future of AMAP under matching funds through partnerships and co- atlases, databases, and joint research the Arctic Council has become very difficult given that there are no plans for EPA–ORD ordination. projects, mainly for the sub-Arctic. For ex- AMAP is targeting ‘‘effects’’ and plans a to directly support AMAP efforts. ample the Arctic and Antarctic Research In- special workgroup on combined effects dur- stitute (AARI) of St. Petersburg is proposing The Commission notes the workshop held in Fairbanks in the summer of 1996. The ing Phase II. The ORD has also targeted this to prepare such products for the Greenland- as an issue and is planning a combined sym- Norwegian Sea region. If funding becomes Commission also notes that the intention, announced at the 1996 Meeting by the Head posium and workshop for multiple stressors available, AARI and the Ocean Climate Lab- and combine effects on the Arctic Bering Sea oratory will co-develop this database and of the Office of Research and Development, to establish an Arctic baseline study station during FY 00. Workshop results will be analyses. framed by the risk assessment process and Recently, Arctic and sub-Arctic oceano- at Denali National Park fails to understand offered to AMAP as an alternative approach graphic data from Sweden, Poland, the U.S., that the Park is not in the Arctic, that ex- for addressing this scientific challenge. and Canada were added to WOD98, and more perimental opportunities in a National Park data are being processed for future updates. are extremely limited, and that there are a Arctic Research The National Geophysical Data Center number of superior sites in Alaska, notably The Denali National Park Demonstration (NGDC) has several ongoing data rescue and Toolik Lake and the Barrow Environmental Intensive Site Project under the Environ- exchange programs with Russian counter- Observatory, which would provide a superior mental Monitoring and Assessment Program parts to rescue, digitize, and render available site where EPA could take advantage of on- was designed to establish an air quality sta- geophysical data from Russia. Most of these going studies by many scientists. tion with UV-B monitoring capability. Data are part of larger data exchange programs. The ability of EPA to interact with the collected there can and do provide very use- Likewise, the National Snow and Ice Data Native residents of the Arctic is com- ful information about changes in UV-B radi- Center (NSIDC), in collaboration with NGDC, promised by the application of their risk as- ation in northern regions as well as long-

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8581 range transport of airborne contaminants and problem formulation to help make sense 1996 to January 1, 1998. The incident that from parts of the world very remote from of the enormous amount of available data they highlight as an example of an ‘‘inter- Alaska. However, EPA agrees that the and to give direction to future research in agency disconnect’’ that resulted in ‘‘com- Denali National Park research station is the Bering Sea. The Traditional Knowledge plete failure’’ of the United States to partici- outside of the Arctic and recognizes the need and Radionuclides Project sponsored by Re- pate in an Arctic Council program occurred for additional Arctic research. To further de- gion 10 is helping redefine the risk manage- in 1996 and involved a Federal agency outside velopment of an Arctic research program, ment process with tribes and may offer new of the control of the State Department. ORD established an Arctic Program office in ways to re-frame how risk assessment is used From the perspective of the Department, it Anchorage, Alaska. Program staffs are di- in the Arctic. In a similar vein, ORD has appears that the Arctic Research Commis- rectly involved in AMAP and the Bering Sea begun planning and problem formulation for sion has not seen our response to this same Regional Geographic Initiative (see ‘‘Risk the Pribilof Islands in partnership with the evaluation last year. In that initial response, Assessment’’ below). people of St. Paul to develop a demonstra- we explained in detail what the State De- The Office of International Activities tion case study of the process within a Na- partment’s role is with regard to facilitating (OIA) has been a lead in supporting basic re- tive community. Risk assessment will also U.S. research in the Arctic and the formula- search with international implications char- provide the conceptual framework for re- tion of U.S. Arctic policy. It appears that the acteristics of Arctic environmental con- porting on heavy metals for AMAP Phase II. Arctic Research Commission has failed to cerns. OIA, in partnership with the ORD Na- These activities will provide significant take this into consideration. With regard to tional Effects Research Laboratory and in lessons within the Arctic about how to es- the additional language that the Commission coordination wit NOAA and DOE, installed a tablish management direction, identify data has submitted this year, the Department new state-of-the-art mercury Tekran specia- gaps and research opportunities, link re- would like to emphasize that all queried tion monitoring unit at the NOAA research search to management concerns, and provide Federal agencies, with the exception of one, station in Barrow, Alaska. The equipment a legitimized use of traditional knowledge. offered general support for the U.S. chair- became operational in January 1999 and con- Department of State manship of the Arctic Council. While we are firmed the ‘‘Arctic Sunrise’’ phenomenon The Department of State is responsible for not in a position to comment on the con- this spring. In addition, OIA has continued the negotiation and operation of our inter- tents of the budgets of other agencies with its support of the Alaska Native Cord Blood national agreements in the Arctic. The De- regard to support for the U.S. chairmanship, Monitoring Program. The program is de- partment seeks input from the IARPC agen- we note that the Department received finan- signed to monitor the levels of selected cies and others through the Arctic Policy cial support in the amount of $250,000 for its heavy metals (including mercury) and per- Working Group, which meets monthly with Arctic Council chairmanship in FY 99 and sistent organic pollutants (including PCB the Polar Affairs Section at State. Over the has requested financial support for the Arc- congeners) in umbilical cord and maternal years a disconnect has occurred between the tic Council in its FY 00 budget request. We blood of indigenous groups of the Arctic. The Department and the officials in other agen- also note that a number of other agencies, study will generate 180 infant-mother speci- cies making the vital decisions affecting our among them the Departments of Commerce/ men pairs and will include two groups of in- participation and performance in inter- National Oceanic and Atmospheric Adminis- fants from the Faroe Islands, Greenland, and national programs. This stems principally tration, Energy, Interior/Fish and Wildlife Canada) and infants recruited from the Alas- from the lack of coordination between what Service, and Environmental Protection ka native American populations. Other OIA the agencies will actually do and the policies Agency, have committed both financial re- activities include the Multilateral Coopera- expressed in these programs. The most obvi- sources and staff time to assist with chairing tive Pilot Project for Phase-Out of PCB Use, ous case was the failure of the United States the Arctic Council. We also note that the De- and Management of PCB-Contaminated to participate in the AMAP health study of partment of State has been generally pleased Wastes in the Russian Federation. contaminants in umbilical cord blood. While with the level of participation and leadership REPA Region 10 continues to support con- endorsing this program and its goals on the from the aforementioned U.S. agencies and taminants research through a new partner- one hand, no samples were actually sent for others within the Arctic Council’s working ship with the Sea Otter Commission to ex- analysis even though samples existed. The groups. pand efforts in monitoring persistent, bio- result is that the United States has been U.S. Coast Guard accumulative, and toxic pollutants (PBTs) in viewed with a certain amount of scorn in The U.S. Coast Guard is the principal pro- subsistence foods in Alaska. The Traditional AMAP meetings (the Commission notes that vider of research time on icebreakers for Knowledge and Radionuclides Project, con- this program has finally begun under the U.S. scientists not collaborating with other ducted in partnership with the Alaska Na- auspices of the EPA Office of International nations. In the past, the lack of an open sys- tive Science Commission, is ongoing Activities). The cure for this is certainly not tem for soliciting participants and planning Risk Assessment simple. The most important step, however, is cruises has produced friction and disagree- Risk assessment has a varied history of de- that the Department of State must, in the ment as well as some important successes. velopment and use in EPA. Within the last 10 future, meet with Agency policy officials to With the advent of Healy, the new Coast years, the process and its application have review their recommendations, spell out the Guard icebreaker, a new system must broadened dramatically from single-stressor- equivalent commitments to action by agen- emerge. The dialog between the scientific driven assessments to complex integrated cies, and modify their positions accordingly. community which will be using Healy, Coast ecosystem assessments for multiple stressors These meetings must be carefully prepared Guard designers, and ship builders has been and combined effects. While it is true that so that the issues to be discussed are clearly substantially improved. The formation of the EPA tends to target most resources toward spelled out and that the nature of the com- Arctic Icebreaker Coordinating Committee environmental issues impacting areas of mitment required from the agencies is un- has been successful and has led to substan- greater population density, this is a priority derstood well beforehand so that the agen- tial improvements in the design of research facilities aboard Healy. In the near future setting exercise rather than an application cies can come to the table prepared to make the need for liaison and coordination will of the risk assessment process. commitments. change from the construction team to oper- EPA has found the broadened risk assess- The complexity of this problem can be seen ations. The Commission anticipates that the ment approach to be very effective in bring- in the state of affairs in October 1998. In Oc- Coast Guard will work closely with the AICC ing together scientific research and manage- tober the United States took over the chair drawing upon the U.S. academic commu- ment strategies. Specifically it allows com- of the Arctic Council. At the same time, nity’s substantial level of experience in munities to use available scientific informa- agency budget appropriations were passed oceanographic operations generally and in tion (and, particularly in the Arctic, tradi- for FY 99 but virtually no specific budget Arctic studies in particular. tional knowledge) to better understand what commitments were identified as supporting The AICC and the closer cooperation in complement of stressors may be causing un- investigations relevant to Arctic Council which it is participating will not help to desirable change in important values, key needs. Many relevant activities occur in produce the potential for a new era of U.S. scientific questions that need to be inves- agency programs which could demonstrate Arctic research unless a commitment to op- tigated, and alternative problem solving U.S. commitment to the Arctic Council but erating funds for icebreaker utilization is strategies designed to achieve environmental there is no system to collect results and re- forthcoming. The Commission has rec- results. port on relevant U.S. activities to the Coun- ommended to the National Science Founda- It is within this broader frame of reference cil and no financial support for these activi- tion that it provide funds for full utilization that EPA is focusing resources and time in ties. This problem needs to be addressed im- of Coast Guard icebreakers at up to 200 oper- the Arctic. The risk assessment process in- mediately for FY 00 and beyond. ating days per year as appropriate depending volves multiple steps, including planning (es- The Department of State is puzzled by the on funding. The Coast Guard should support tablishing shared goals), problem formula- Arctic Research Commission’s recommenda- NSF in its efforts to provide these funds. tion (using available knowledge to develop tions for the Department with regard to fa- The Coast Guard will depend heavily on conceptual models), analysis (exposure and cilitation of U.S. Arctic Research. The entire the Arctic research community to partici- effects data), and risk characterization (es- first paragraph is, verbatim, what was re- pate in determining scheduling priorities for tablishing relationships). The Bering Sea Re- ported in their ‘‘Seventh Biennial Report to Healy. The UNOLS Ship Time Request Sys- gional Geographic Initiative, sponsored by Congress,’’ which was submitted last year tem will be the primary mechanism for field- Region 10 and ORD, is focused on planning and which covered the period of February 1, ing and sorting requests for ship access.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8582 CONGRESSIONAL RECORD — SENATE September 14, 2000 There is a clear need for subsequent sched- needs. The Commission believes that by ment activities of the Council. To this end uling meetings to occur. A specific plan for broadening the participation of the research NIH should provide secretariat support for arbitrating competing scheduling demands community in their programs, NASA can U.S. Arctic Council health-related activities has yet to be defined. A discussion of how benefit from the resulting community sup- and take on the responsibility to see that this process should work is an agenda item port. the myriad relevant efforts at NIH and else- for the January 2000 Arctic Icebreaker Co- The Commission also notes that NASA is a where are collected and reported to the Arc- ordinating Committee meeting. The Coast participating agency in the International tic Council as the U.S. contribution. This ac- Guard envisions a process where it provides Arctic Research Center and supports the tivity should also include a program, in col- information on ship availability and oper- Alaska Synthetic Aperture Radar Facility at laboration with relevant State of Alaska ational access to specific areas and where the University of Alaska. The Commission agencies and institutions, to synthesize the science community takes responsibility supports these efforts and looks forward to these results and return them to the Arctic for prioritizing research goals that will re- their continuation and expansion. community in understandable language sult in actual ship access for investigators. NASA welcomes the support of the Arctic along with their implications for life in the Input from the Arctic Research Commission, Research Commission for its Arctic research Arctic. the National Research Council, and the Na- program. NASA is sympathetic to the need The Arctic Research Commission observed tional Science Foundation will be key to de- for outreach of its programs within the that, despite the agreement that the United veloping an equitable system that meets the broader scientific community. NASA has es- States participate in the Arctic Environ- national research requirements. tablished procedures by which it seeks to in- mental Protection Strategy (AEPS) and sub- Interagency Task Force on Oil Spills form the broader community of its goals and sequently the Arctic Council, no new monies were requested or appropriated. U.S. efforts There is a substantial dearth of knowledge vision. in AMAP (Arctic Monitoring and Assessment about oil spills in Arctic conditions. The NASA publishes a Science Implementation Program) were considered paltry. The ARC Commission has long recommended a sub- Plan for the Earth Science Enterprise, which recommended that the National Institutes of stantial research program on the behavior of includes Arctic research. This document is Health (NIH), particularly its component, oil in ice-infested oceans based in part on the reviewed outside NASA and provides an op- the National Institute of Environmental research agenda spelled out in Appendix I. In portunity for scientists to understand the Health Sciences (NIEHS), organize an Arctic addition, the Commission has had substan- scope of planned activities and their rela- Environmental Health Study, focused on tial discussions with the Oil Spill Recovery tionship to overarching science goals. NASA has invested in the development of effective AMAP measurements. A study of the major Institute. The Commission in collaboration causes of morbidity and morality was sug- with the Alaska Clean Seas Association and user interfaces at its Data Active Archive Centers, realizing how important these are gested to be included in Arctic Council ac- others has recommended test burns in the tivities (but perhaps as part of Sustainable Arctic Ocean to study the variety of ques- to the productive use of mission data. In con- tinued recognition of this, NASA initiated a Development), and the NIH should become a tions associated with this highly effective focal point for reporting health studies to method of disposing of oil on the sea. The National Research Council Polar Research Board review of its polar geophysical prod- the Arctic Council, including informing the Commission recommends that the Inter- Arctic community of implications for life in agency Task Force commence such a pro- ucts during 1999, with a view to obtaining independent and science-driven advice on the Arctic. gram soon, before the question is made im- The NIH, and its sister agencies within the how best to provide data sets for Arctic re- perative by an accident in the Arctic. Public Health Service (PHS), namely the searchers. Furthermore, through this review, The Coast Guard supports the ARC in its Centers for Disease Control and Prevention NASA seeks to develop a strategy for broad- recommendation to commence a research (CDC) and the Indian Health Service (IHS), er use of its polar data sets by the research program on the behavior of oil in ice-covered are pleased to note considerable progress in waters, although no funds are currently community. supporting several programs under the Arc- In recognition of the important role that available to support such a program. The tic Council, including both AMAP/Human the Arctic plays in global climate, NASA Coast Guard continues to endorse the pre- Health and Sustainable Development. paredness and response efforts of the Emer- will continue to support Arctic research. The AMAP Monitoring Program gency Preparedness Prevention and Response Alaska SAR Facility and the International Working Group of the Arctic Council, as well Arctic Research Center each have important Although the initial focus of AMAP was on as individual national research. roles to play in encouraging innovative and the exposures to, and effects of, anthropo- The task force was established as the Co- collaborative Arctic research. genic pollution, there has been a broadening ordinating Committee on Oil Pollution Re- National Institutes of Health of its sphere of interest, especially among the Human Health expertroup, to include an- search (CCOPR) under Title VII of Public law Under the Arctic Environmental Protec- 101–380, otherwise known as the Oil Pollution cillary aspects that are related to the cen- tion Strategy the United States has become tral focus. Act of 1990. The Committee has not been involved in programs concerning the health funded since FY 95. As a result the Coordi- The Alaska Native Tribal Health Consor- of Arctic residents, particularly the indige- tium, which derived from, and closely affili- nating Committee has focused on ensuring nous people of the region. In particular, the ates with, the Indian Health Service, is spon- that the research and development projects AMAP health study has been focused on en- soring the Alaska Native Cord Blood Moni- of its member agencies are discussed and the vironmental effects on health in the region. toring Program, with the additional finan- results of that research and development are When the United States undertook to sign cial and moral support of many other Fed- shared with Federal, state, local, and private the AEPS Declaration (and subsequently the eral, state, and local organizations. Such a sector researchers. The Coordinating Com- Arctic Council Declaration) the message to monitoring program comprised a ‘‘core ac- mittee has been unable to initiate any re- agencies was that there would be no new tivity’’ of AMAP in its first phase, during search not already approved by an agency as money requested or appropriated for these which the U.S. was not able to participate. part of the agency’s mission-specific activi- activities. As a result, the U.S. effort in the Now, however, during the second phase of ties. Thus, a proposal for the Committee to AMAP health program has been paltry. It is AMAP, the U.S. is a full partner in the Arc- initiate and manage a research and develop- clear that the responsibility for the national tic region monitoring efforts. ment program to study methods of disposing effort in this regard falls to the National In- AMAP Biomarkers Conference of oil in Arctic waters is not viable at this stitutes of Health, particularly the National time. The Arctic Research Commission may Institute for Environmental Health Studies. It is evident that there would be tremen- wish to propose meeting with the Coordi- Unfortunately, the NIH–NIEHS effort has dous value in utilizing more sensitive indica- nating Committee to discuss proper research been virtually nonexistent. The Commission tors of exposure to, and of the possible ad- foci with attendant partnership funds to the recommends that NIH immediately organize verse effects of, the various anthropogenic individual agencies that comprise the Co- an Arctic Environmental Health Study fo- pollutants found in the Arctic environment. ordinating Committee. cused primarily on the measurement pro- Applicability of very sensitive ‘‘biomarkers’’ National Aeronautics and Space Administration gram outlined by the Arctic Monitoring and based on genetic or biochemical tests could The Commission has been briefed on the Assessment Program. In addition, the study be expected to advance the research agenda programs undertaken by NASA in the Arctic of incidences and trends in the major causes considerably if properly understood and ap- or having a substantial component in the of morbidity and mortality in the Arctic plied. With this in mind the National Insti- Arctic. These programs are clearly of a high should be included in Arctic Council activi- tute of Environmental Health Sciences, NIH, caliber. The Commission notes, however, ties, perhaps as an initiative is sustainable is sponsoring the International AMAP–2 Bio- that these programs are poorly publicized development. The effects of both commu- markers Conference, in Anchorage, Alaska, outside of the community of NASA Principal nicable diseases such as tuberculosis, sys- in early May 2000. The conference will bring Investigators. The Commission recommends temic diseases such as diabetes and cancer, together Arctic health researchers and ex- that NASA carry out a program of outreach and external causes of illness and death such perts on the use of biomarkers, with the pur- to the Arctic Research Community to pub- as alcoholism and accident have profound ef- pose of achieving cross fertilization of ideas licize these programs and to encourage fects in the Arctic. and identifying opportunities. broader participation. NASA is always at The NIH should undertake to become the Emerging and Re-emerging Infectious Diseases risk for the engineering side of their pro- focal point for Arctic Council health studies The Arctic Investigations Program of the grams to overwhelm scientific uses and in both AMAP and the sustainable develop- Centers for Disease Control and Prevention

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8583 is contributing to the Human Health re- rebuild a strong program of Arctic hydro- The Department of Energy has been an im- search agenda through its program to study logic measurements. portant source of technology transfer to the emerging and reemerging infectious diseases The measurement of Arctic rivers and Russian nuclear power reactor program. Un- in the Arctic. This is especially apropos be- streams has never enjoyed sufficient funding, fortunately, budget reductions threaten this cause of the suspected relationship of the ad- so there are just two rivers that flow di- vital activity. The Commission is concerned verse health effects of pollution on an indi- rectly into the Arctic that have stream that the future of U.S. participation is in vidual’s resistance to infections (e.g. due to gages in operation. The cost of maintaining jeopardy and that in the future nuclear en- an impaired immune response), especially in a stream gage on an Arctic river that re- ergy production particularly in the Russian newborns, infants, and youth. quires helicopter access is prohibitive. Con- Arctic may proceed without the support of Arctic Environmental/Health Database sequently, unless the budget picture im- the Department of Energy. The budget for proves significantly, it is unlikely that the interaction with Russia on nuclear power Under consideration is a proposed comput- U.S. Geological Survey can increase the den- systems should be supported and reinforced. erized database that would incorporate tradi- sity of gages in the Arctic. However, the The concerns of the Commission are noted. tional environmental/health knowledge from USGS will continue to gather as much infor- The Department agrees that nuclear safety indigenous Arctic populations as well as mation as possible and also promote co- in the Russian Federation remains an impor- available data entries in the National Li- operation with other interested parties tant focus of international concern. brary of Medicine (NLM, NIH) Medline data- whenever possible. The Commission fully supports the activi- base. The challenge is how to acquire and Members and staff of the Commission have ties in the Arctic under the Agency’s Atmos- codify such traditional knowledge in a ma- visited the National Park Service research pheric Radiation Measurement (ARM) Pro- chine-readable format. If the project can be logistics housing facility at Nome, Alaska. gram. The ARM Program is an important re- implemented, it would include education and The Park Service is to be commended for search effort and is also an outstanding ex- training of Arctic populations on the access this effort and other agencies should con- ample of close cooperation between research- to, and use of, the database, which would sider the Park Service’s example as a model ers and Native communities and stands as an also provide a means of disseminating the to follow. example for other research programs. activities of the Arctic Council AMAP, Sus- The Department thanks the Commission The Department thanks the Commission tainable Development, and other working for its continuing endorsement of the Na- for its continuing endorsement of the ARM groups. tional Park Service program. Program. Arctic Telemedicine The Fish and Wildlife Service of the De- Interagency Arctic Research Policy Committee In support of the Sustainable Development partment has been a stalwart in the work of (IARPC) the Arctic Council’s working group on the initiative proposed by the State of Alaska, Unfortunately, the current budget strin- Conservation of Arctic Flora and Fauna. The the PHS, which chairs the White House Joint gency has caused the IARPC agencies to be- Commission recommends that other divi- Working Group on Telemedicine, is pro- come hesitant about Arctic research in the sions of the Department follow the example viding input to the Telemedicine Initiative. face of the many other demands on their of the Fish and Wildlife Service in their sup- NIH components that will be involved in- scarce resources. At the same time, however, port of Arctic Council Activities. clude the National Library of Medicine (ex- the national commitment to activities in the The Department thanks the Commission tramural grants support program) and the Arctic has grown. This is particularly true in for its continuing support for the Fish and NIH Clinical Center (intramural telemedi- the case of the Arctic Council. The Commis- Wildlife Service’s Arctic Council activities. cine project). sion recommends that the NSE, in its role as Department of the Interior Department of Energy lead agency for Arctic research, call to- The U.S. Geological Survey has led the ef- The energy needs of Arctic villages in gether the IARPC Seniors to agree on a plan fort by IARPC agencies in the assembly of a Alaska are extreme. Poor transportation to of research to support U.S. participation in data structure for Arctic research. Unfortu- remote villages, small communities unable the Arctic Council which goes beyond the nately, there has never been a satisfactory to take advantage of the economies of scale current rhetoric and demonstrates the na- funding base for this program. In the past, usually associated with municipal energy tional commitment to carry on the goals of many IARPC agencies have contributed to systems, a mixed economy with only modest the U.S Arctic Policy expressed by the Presi- this effort but these contributions have cash flow, and the lack of a sophisticated dent on 29 September 1994. Since the appro- faded. Only NSF continues to provide sup- technical infrastructure all make the provi- priation of new money to meet these com- port. The Commission recommends that the sion of adequate energy resources in the Arc- mitments depends on timely consideration of USGS and the Department of the Interior ac- tic difficult. The Commission has no specific the nation’s participation in the Arctic cept that this program belongs to them and programs to recommend but will undertake a Council, which we currently chair, and the should be fully supported. The USGS should review of DOE’s village energy programs in submission of budget requests to allow agen- have the full support of the other IARPC FY 99. This study will lead to a Commission cies to meet their responsibilities as member agencies. It is particularly important that Special Report with specific recommenda- and chair to the Council, it is imperative an effort be staged to save important earth tions for research and development of appro- that the IARPC agencies come to the table science data from the former Soviet Union. priate technology for the Arctic. with the intention to request and redirect re- Much useful data is collected in old paper The State of Alaska faces many unique sources to carry out this task. records which are even more vulnerable now challenges in helping to ensure that its citi- The biennial revision to the U.S. Arctic that fuel has become scarce in many places. zens have access to affordable and reliable Research Plan for 2000–2004, as approved by The Commission has recommended that the electric power. These challenges are particu- the IARPC, includes a multiagency focused NOAA National Data Centers undertake a larly evident in rural areas of the state, initiative that is intended to support U.S. data rescue project coordinated with the where electricity is primarily produced by participation in the Arctic Council. The De- USGS. small, expensive, and difficult to operate and partment of State is the lead agency for the The Commission is correct in stating that maintain diesel power plants. At present the Arctic Council. The Department of State has the data collection effort by the U.S. Geo- cost of electricity for rural customers is assigned personnel and resources to support logical Survey is not a funded effort. Con- eased somewhat by the availability of the the Arctic Council secretariat, although no sequently the U.S. Geological Survey is able Power cost Equalization (PCE), an electric separate resources were requested to support to continue this work only as a collateral ef- rate subsidy program administered by the the research program. Several agencies are fort. The latest budget information indicates Alaska Department of Community and Re- conducting research that supports Arctic that this picture will not improve in the gional Affairs (DCRA). However, funds for Council priorities. foreseeable future. However, the USGS in- the PCE are derived from the sale of oil from On another front, the United States agen- tends to continue this work as best it can Prudhoe Bay and are projected to be ex- cies need to update the IARPC plan for a and will continue to seek partners to help hausted in 2000 or 2001, and when that occurs, comprehensive study of the Arctic Ocean. support the program. electricity rates in rural areas could rise While current experiments are important The USGS Water Resources Branch has re- substantially. Faced with higher electricity and of high quality, there is no current plan cently reduced the number of hydrologic costs, and the potential danger of environ- for the study of the Arctic Ocean which pro- monitoring stations in the Arctic. Data from mental damages related to the use of petro- vides context for these studies. The National these stations are urgently needed for test- leum energy in a fragile Arctic ecosystem, Science Foundation has commissioned the ing and improving the predictions of large- various Alaskan entities are now exploring formulation of a strategy for the study of scale of freshwater runoff in the Arctic. In ways in which renewable sources of energy the Arctic Ocean. The other IARPC agencies addition, fresh-water runoff affects the strat- can aid in the production of electric power. with responsibilities for research in the Arc- ification of the Arctic Ocean and the dis- To better understand the role that renewable tic Ocean include Navy, NOAA, USGS, tribution of nutrients, traces, and contami- energy can play, the DOE’s Wind energy Pro- USCG, EPA, NASA and parts of several oth- nants brought to the Arctic Ocean from the gram is engaged in collaborative efforts with ers. IARPC should organize an interagency land. The World Climate Research program— a number of Alaskan organizations at the meeting of the principal agencies responsible Arctic Climate System Study maintains an state and local levels to explore ways in for Arctic Ocean research. The Commission Arctic Runoff Data Base for these purposes. which wind can make a greater contribution has recommended such a plan in the past and The Commission recommends that the USGS in the production of electric power. feels even more strongly that an organized

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8584 CONGRESSIONAL RECORD — SENATE September 14, 2000 effort is needed given the increasing evi- At 6:08 p.m., a message from the Street in Greeneville, Tennessee, as the dence for rapid and substantial change in the House of Representatives, delivered by ‘‘James H. Quillen United States Court- Arctic Ocean. The Commission recommends Ms. Niland, one of its reading clerks, house.’’ that IARPC update the 1990 IARPC report announced that the House disagrees to f ‘‘Arctic Oceans Research: Strategy for an FY 1991 U.S. Program’’ on a multi-agency basis the amendment of the Senate to the MEASURES REFERRED and that this program be submitted to the bill (H.R. 4733) making appropriations for energy and water development for The following bill was read the first Office of Management and Budget and the and second times by unanimous con- Office of Science and Technology Policy for the fiscal year ending September 30, consideration on a budget-wide basis. 2001, and for other purposes, and agrees sent, and referred as indicated: The biennial revision to the U.S. Arctic to the conference asked by the Senate H.R. 4986. An act to amend the Internal Research Plan for 2000–2004, as approved by on the disagreeing votes of the two Revenue Code of 1986 to repeal the provisions the IARPC, includes a multiagency focused relating to foreign sales corporations (FSCs) Houses thereon. That Mr. PACKARD, initiative on Arctic Marine Sciences. This is and to exclude extraterritorial income from IARPC’s update of the 1990 IARPC report Mr. ROGERS, Mr. KNOLLENBERG, Mr. gross income; to the Committee on Finance. ‘‘Arctic Oceans Research: Strategy for an FY FRELINGHUYSEN, Mr. CALLAHAN, Mr. The following concurrent resolution 1991 U.S. Program.’’ LATHAM, Mr. WICKER, Mr. YOUNG of was read, and referred as indicated: The Commission also notes their rec- Florida, Mr. VISCLOSKY, Mr. EDWARDS, H. Con. Res. 327. Concurrent resolution ommendation above the IARPC publish an Mr. PASTOR, Mr. FORBES, and Mr. OBEY, annual report on Bering Sea research. honoring the service and sacrifice during pe- be the managers of the conference on riods of war by members of the United States The IARPC biennial report of agency ac- part of the House. complishments, to be published in the merchant marine; to the Committee on the IARPC journal Arctic Research of the United The message also announced that the Judiciary. States (Spring/Summer 2000), will highlight House disagrees to the amendment of f Bering Sea research. the Senate to the bill (H.R. 4475) mak- MEASURES PLACED ON THE f ing appropriations for the Department of Transportation and related agencies CALENDAR MESSAGES FROM THE HOUSE for the fiscal year ending September 30, The following bill was read the first At 12:29 p.m., a message from the 2001, and for other purposes, and agrees and second times by unanimous con- House of Representatives, delivered by to the conference asked by the Senate sent, and placed on the calendar: Ms. Niland, one of its reading clerks, on the disagreeing votes of the two H.R. 4942. An act making appropriations announced that the House has passed Houses thereon. That Mr. WOLF, Mr. for the government of the District of Colum- the following bill, in which it requests DELAY, Mr. REGULA, Mr. ROGERS, Mr. bia and other activities chargeable in whole the concurrence of the Senate: PACKARD, Mr. CALLAHAN, Mr. TIAHRT, or in part against the revenues of said Dis- H.R. 4986. An act to amend the Internal Mr. ADERHOLT, Ms. GRANGER, Mr. trict for the fiscal year ending September 30, 2001, and for other purposes. Revenue Code of 1986 to repeal the provisions YOUNG of Florida, Mr. SABO, Mr. relating to foreign sales corporations (FSCs) OLVER, Ms. KILPATRICK, Mr. SERRANO, The following bill was read the sec- and to exclude extraterritorial income from Mr. FORBES, and Mr. OBEY, be the man- ond time, and placed on the calendar: gross income. agers of the conference on the part of H.R. 2090. An act to direct the Secretary of The message also announced that the the House. Commerce to contract with the National Academy of Sciences to establish the Coordi- House has agreed to the following con- ENROLLED BILLS SIGNED nated Oceanographic Program Advisory current resolution, in which it requests The following enrolled bills, pre- the concurrence of the Senate: Panel to report to the Congress on the feasi- viously signed by the Speaker of the bility and social value of a coordinate ocean- H. Con. Res. 327. Concurrent resolution House, were signed today, September ography program. honoring the service and sacrifice during pe- 14, 2000, by the President pro tempore riods of war by members of the United States f (Mr. THURMOND): merchant marine. ENROLLED BILLS PRESENTED S. 1027. An act to reauthorize the partici- At 3:19 p.m., a message from the pation of the Bureau of Reclamation in the The Secretary of the Senate reported House of Representatives, delivered by Deschutes Resources Conservancy, and for that on today, September 14, 2000, he Mr. Hays, one of its reading clerks, an- other purposes. had presented to the President of the S. 1117. An act to establish the Corinth United States the following enrolled nounced that the House has agreed to Unit of Shiloh National Military Park, in the report of the committee of con- the vicinity of the city of Corinth, Mis- bills: ference on the disagreeing votes of the sissippi, and in the State of Tennessee, and S. 1027. An act to reauthorize the partici- two Houses on the amendment of the for other purposes. pation of the Bureau of Reclamation in the Senate to the bill (H.R. 1654) to author- S. 1937. An act to amend the Pacific North- Deschutes Resources Conservancy, and for ize appropriations for the National west Electric Power Planning and Conserva- other purposes. tion Act to provide for sales of electricity by S. 1117. An act to establish the Corinth Aeronautics and Space Administration Unit of Shiloh National Military Park, in for fiscal years 2000, 2001, and 2002, and the Bonneville Power Administration to joint operating entities. the vicinity of the city of Corinth, Mis- for other purposes. sissippi, and in the State of Tennessee, and The message also announced that the At 6:08 p.m., a message from the for other purposes. House has passed the following bill, in House of Representatives, delivered by S. 1937. An act to amend the Pacific North- which it requests the concurrence of Ms. Niland, one of its reading clerks, west Electric Power Planning and Conserva- the Senate: announced that the Speaker has signed tion Act to provide for sales of electricity by the Bonneville Power Administration to H.R. 4942. An act making appropriations the following enrolled bills: joint operating entities. for the government of the District of Colum- S. 1374. An act to authorize the develop- f bia and other activities chargeable in whole ment and maintenance of a multi-agency or in part against the revenues of said Dis- campus project in town of Jackson, Wyo- REPORTS OF COMMITTEES trict for the fiscal year ending September 30, ming. 2001, and for other purposes. H.R. 1729. An act to designate the Federal The following reports of committees facility located at 1301 Emmet Street in were submitted: At 4:31 p.m., a message from the Charlottesville, Virginia, as the ‘‘Pamela B. By Mr. MCCAIN, from the Committee on House of Representatives, delivered by Gwin Hall.’’ Commerce, Science, and Transportation, Mr. Hays, one of its reading clerks, an- H.R. 1901. An act to designate the United with an amendment in the nature of a sub- nounced that the House has agreed to States border station located in Pharr, stitute: the report of the committee of con- Texas, as the ‘‘Kika de la Garza United S. 1534: A bill to reauthorize the Coastal ference on the disagreeing votes of the States Border Station.’’ Zone Management Act, and for other pur- two Houses on the amendments of the H.R. 1959. An act to designate the Federal poses (Rept. No. 106–412). building located at 643 East Durango Boule- By Mr. MURKOWSKI, from the Committee Senate to the bill (H.R. 4516) making vard in San Antonio, Texas, as the ‘‘Adrian on Energy and Natural Resources, with an appropriations for the Legislative A. Spears Judicial Training Center.’’ amendment in the nature of a substitute: Branch for the fiscal year ending Sep- H.R. 4608. An act to designate the United H.R. 701: A bill to provide Outer Conti- tember 30, 2001, and for other purposes. States courthouse located at 220 West Depot nental Shelf Impact Assistance to State and

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8585 local governments, to amend the Land and tion area in the vicinity of Steens Mountain February by the Bureau of Justice Sta- Water Conservation Fund Act of 1965, the in Harney County, Oregon, and for other pur- tistics, as of December 1997, 69 percent Urban Park and Recreation Recovery Act of poses; to the Committee on Energy and Nat- of state crime labs reported DNA back- 1978, and the Federal Aid in Wildlife Restora- ural Resources. logs in 6,800 cases and 287,000 convicted tion Act (commonly referred to as the Pitt- By Mr. THOMAS: offender samples. The backlogs are man-Robertson Act) to establish a fund to S. 3053. A bill to prohibit commercial air meet the outdoor conservation and recre- tour operations over national parks within having a crippling effect on the fair ation needs of the American people, and for the geographical area of the greater Yellow- and speedy administration of justice. other purposes (Rept. No. 106–413). stone ecosystem; to the Committee on En- For example, the Seattle Times re- ergy and Natural Resources. ported on April 23 of this year that po- f By Mr. LUGAR (for himself, Mr. HAR- lice are being forced to pay private labs INTRODUCTION OF BILLS AND KIN, Mr. CRAIG, Mr. LEAHY, Mr. to do critical forensics work so that JOINT RESOLUTIONS MCCONNELL, Mr. KERREY, and Mr. their active investigations do not have GRASSLEY): The following bills and joint resolu- to wait for tests to be completed. ‘‘As S. 3054. A bill to amend the Richard B. Rus- Spokane authorities closed in on a sus- tions were introduced, read the first sell National School Lunch Act to reauthor- and second times by unanimous con- ize the Secretary of Agriculture to carry out pected serial killer, they were eager to sent, and referred as indicated: pilot projects to increase the number of chil- nail enough evidence to make their dren participating in the summer food serv- case stick. So they skipped over the By Mr. SESSIONS (for himself, Mr. backlogged Washington State Patrol CLELAND, Mr. THURMOND, Mr. MIL- ice program for children; to the Committee crime lab and shipped some evidence to LER, Mr. DODD, Mr. FRIST, Mr. HATCH, on Agriculture, Nutrition, and Forestry. Mr. LOTT, Mr. L. CHAFEE, Mr. MACK, By Mr. JOHNSON (for himself and Mr. a private laboratory, paying a premium Mr. HELMS, Mr. SPECTER, Mr. HUTCHINSON): for quicker results. [A] chronic backlog S. 3055. A bill to amend title XVIII of the SANTORUM, Mr. NICKLES, Mr. STE- at the State Patrol’s seven crime labs, Social Security Act to revise the payments VENS, Mr. DURBIN, Mr. COCHRAN, Mr. which analyze criminal evidence from for certain physician pathology services HUTCHINSON, Mr. WELLSTONE, Mr. under the medicare program; to the Com- police throughout Washington state, JEFFORDS, Mr. ABRAHAM, Mr. THOM- mittee on Finance. has grown so acute that Spokane inves- AS, Mr. SHELBY, Mr. KYL, Mr. tigators feared their manhunt would be f ASHCROFT, Mr. HARKIN, Mr. MCCON- stalled.’’ NELL, Mr. BENNETT, Mr. GRAMS, and STATEMENTS ON INTRODUCED As a former prosecutor, I know how Mr. BUNNING): S. 3045. A bill to improve the quality, time- BILLS AND JOINT RESOLUTIONS dependent the criminal justice system liness, and credibility of forensic science By Mr. SESSIONS (for himself, is on fast, accurate, dependable services for criminal justice purposes; to the Mr. CLELAND, Mr. THURMOND, forensics testing. With backlogs in the Committee on the Judiciary. Mr. MILLER, Mr. DODD, Mr. labs, district attorneys are forced to By Mr. LOTT (for himself, Mr. FRIST, Mr. HATCH, Mr. LOTT, wait months and years to pursue cases. SANTORUM, Mr. NICKLES, Mr. STE- Mr. L. CHAFEE, Mr. MACK, Mr. This is not simply a matter of expe- VENS, Mr. DURBIN, Mr. COCHRAN, Mr. diting convictions of the guilty. Sus- HUTCHINSON, Mr. WELLSTONE, Mr. HELMS, Mr. SPECTER, Mr. SANTORUM, Mr. NICKLES, Mr. pects are held in jail for months before JEFFORDS, Mr. ABRAHAM, Mr. THOM- trial, waiting for the forensic evidence AS, Mr. SHELBY, Mr. KYL, and Mr. STEVENS, Mr. DURBIN, Mr. COCH- to be completed. Thus, potentially in- ASHCROFT): RAN, Mr. HUTCHINSON, Mr. nocent persons stay in jail, potentially S. 3046. A bill to amend title II of the WELLSTONE, Mr. JEFFORDS, Mr. guilty persons stay out of jail, and vic- United States Code, and for other purposes; ABRAHAM, Mr. THOMAS, Mr. read the first time. tims of crime do not receive closure. SHELBY, Mr. KYL, Mr. By Mr. BIDEN: As an Alabama newspaper, the Deca- ASHCROFT, Mr. HARKIN, Mr. S. 3047. A bill to amend the Internal Rev- tur Daily, reported on November 28, MCCONNELL, Mr. BUNNING, and enue Code of 1986 to expand the Lifetime 1999, ‘‘[The] backlog of cases is so bad Mr. GRAMS): Learning credit and provide an optional de- that final autopsy results and other fo- S. 3045. A bill to improve the quality, duction for qualified tuition and related ex- rensic testing sometimes take up to a penses; to the Committee on Finance. timeliness, and credibility of forensic year to complete. It’s a frustrating By Mr. FEINGOLD (for himself, Mr. science services for criminal justice wait for police, prosecutors, defense at- WELLSTONE, and Mrs. BOXER): purposes; to the Committee on the Ju- torneys, judges and even suspects. It S. 3048. A bill to institute a moratorium on diciary. the imposition of the death penalty at the means delayed justice for the families Federal level until a Commission on the Fed- PAUL COVERDELL NATIONAL FORENSIC SCIENCES of crime victims.’’ Justice delayed is eral Death Penalty studies its use and poli- IMPROVEMENT ACT OF 2000 justice denied for prosecutors, defend- cies ensuring justice, fairness, and due proc- Mr. SESSIONS. Mr. President, on ants, judges, police, and, most impor- ess are implemented; to the Committee on June 9, 1999, the late Senator Paul tantly, for victims. This is unaccept- the Judiciary. Coverdell introduced legislation aimed able. By Mr. FITZGERALD (for himself, Mr. at addressing one of the most pressing Given the tremendous amount of EDWARDS, Mr. ASHCROFT, and Mr. problems facing law enforcement work to be done by crime labs, sci- DURBIN): today: the critical backlogs in our S. 3049. A bill to increase the maximum entists and technicians must sacrifice amount of marketing loan gains and loan de- state crime labs. Senator Coverdell’s accuracy, reliability, or time in order ficiency payments that an agricultural pro- National Forensic Sciences Improve- to complete their work. Sacrificing ac- ducer may receive during the 2000 crop year; ment Act of 1999 (S. 1196) attracted curacy or reliability would destroy the to the Committee on Agriculture, Nutrition, broad bipartisan support in Congress, justice system, so it is time that is sac- and Forestry. as well as the enforcement of national rificed. But with the tremendous pres- By Mr. HATCH (for himself and Mr. law enforcement groups. Unfortu- sures to complete lab work, it is per- DOMENICI): nately, before Senator Coverdell’s bill haps inevitable that there will be prob- S. 3050. A bill to amend title XVIII of the could move through Congress, he Social Security Act to make improvements lems other than delays. Everyone from to the prospective payment system for passed away. police to detectives to evidence techni- skilled nursing facility services; to the Com- As a fitting, substantive tribute to cians to lab technicians to forensic sci- mittee on Finance. Senator Coverdell, I am today intro- entists to prosecutors must be well- By Mr. SCHUMER (for himself, Mr. ducing the Paul Coverdell National Fo- trained in the preservation, collection, MCCAIN, and Mr. JOHNSON): rensic Sciences Improvement Act of and preparation of forensic evidence. S. 3051. A bill to amend the Federal Food, 2000 to eliminate the crisis in forensics The JonBenet Ramsey case is per- Drug, and Cosmetic Act to provide greater labs across the country. This was an haps the most well-known example of a access to affordable pharmaceuticals; to the issue he cared a great deal about, and case where forensics work is critical to Committee on Health, Education, Labor, and I am honored to have the opportunity Pensions. convicting the perpetrator of a crime. By Mr. SMITH of Oregon (for himself to carry on his efforts to address this As the Rocky Mountain News reported and Mr. WYDEN): problem. on February 2, 1997, ‘‘To solve the slay- S. 3052. A bill to designate wilderness areas The crisis in our forensics labs is ing of JonBenet Ramsey, Boulder po- and a cooperative management and protec- acute. According to a report issued in lice must rely to a great extent on the

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8586 CONGRESSIONAL RECORD — SENATE September 14, 2000 results of forensic tests being con- crime is not political. Our labs need SESSIONS in his efforts to enact that ducted in crime laboratories. [T]he help, and after 15 years as a prosecutor, this important legislation. looming problem for police and pros- I am convinced that there is nothing ecutors, according to forensics experts, that the Congress can do to help the Mr. BIDEN: is whether the evidence is in good con- criminal justice system more than to S. 3047. A bill to amend the Internal dition. Or whether lax procedures . . . pass this bill and fund our crime labs. Revenue Code of 1986 to expand the life- resulted in key evidence being hope- To properly complete tests for DNA, time Learning credit and provide an lessly contaminated.’’ blood, and ballistic samples, our crime optional deduction for qualified tuition We need to help our labs train inves- labs need better equipment, training, and related expenses; to the Committee tigators and police. We need to help staffing, and accreditation. This bill on Finance. our labs reduce the backlog so that the will help clear the crippling backlogs COLLEGE TUITION TAX DEDUCTIONS innocent may be exonerated and the in the forensics labs. This, in turn, will Mr. BIDEN. Mr. President, it has be- guilty convicted. We need to help our help exonerate the innocent, convict come increasingly apparent in today’s labs give closure to victims of crime. the guilty, and restore confidence in society that a college education is no The bill I am introducing today is es- our criminal justice system. I hope my longer a luxury. In order for one to suc- sentially a reintroduction of Senator colleagues will join me in passing the ceed in an ever-changing, high-tech Coverdell’s National Forensic Sciences Paul Coverdell National Forensic world, a college education has become Improvement Act of 1999 (S. 1196). The Sciences Improvement Act of 2000 in a near necessity. bill expands permitted uses of Byrne the short time we have remaining in However, just as a college degree be- grants to include improving the qual- this Session. comes increasingly vital in today’s ity, timeliness, and credibility of fo- Mr. HUTCHINSON. Mr. President, I global economy, the costs associated rensic science services, including DNA, rise today in support of the Paul Cover- with obtaining this degree continue to blood and ballistics tests. It requires dell National Forensic Sciences Im- soar out of control. At the same time, States to develop a plan outlining the provement Act of 2000. I am proud to be the annual income of the average manner in which the grants will be an original cosponsor of this important American family is not keeping pace used to improve forensic science serv- and necessary legislation and commend with these soaring costs. Since 1980, ices and requires States to use these my friends, Senator SESSIONS and the college costs have been rising at an av- funds only to improve forensic late Senator Coverdell, for all of their erage of 2 to 3 times the Consumer sciences, and limits administrative ex- hard work and leadership they have Price Index. Now, in the most pros- penditures to 10 percent of the grant shown in this matter. perous time in our history, it is simply amount. To justify the need for this legisla- unacceptable that the key to our chil- This new bill adds a reporting re- tion, I point to the situation that the dren’s future success has become a quirement so that the backlog reduc- Arkansas State Crime Lab is experi- crippling burden for middle-class fami- tion can be documented and tracked. encing as a direct result of the expo- lies. Additionally, the funding is adjusted to nential increase in the production, use, According to the United States De- begin authorizations in Fiscal Year and distribution of methamphetamine. partment of Education, National Cen- 2001, rather than FY 2000, as S. 1196 did. Simply put, with 16,000 test requests ter for Education Statistics, the aver- Otherwise, this is the exact same bill this year—resulting in a backlog of age annual costs associated with at- Senator Coverdell introduced and that over 6,000 cases—the Arkansas State tending a public 4-year college during I and many of my colleagues supported. Crime Lab is at the breaking point. Ac- the 1998–1999 school year, including tui- This bill has the support of many of cordingly, it now takes five to six tion, fees, room, and board, were $8,018. my colleagues from both sides of the months from the receipt of a sample to For a private 4-year school these costs aisle, including Senators CLELAND and complete the analysis necessary for rose to an astonishing $19,970. and MILLER from Georgia, Senators LOTT, prosecution. I commend and thank these are only the average costs, Mr. NICKLES, HATCH, STEVENS, THURMOND, Senator GREGG for his assistance in the President. The price tag for just one SHELBY, COCHRAN, KYL, WELLSTONE, procurement of funding to hire three year at some of the nations most pres- DODD, GRAMS, DURBIN, FRIST, HELMS, additional chemists. However, I recog- tigious universities is fast approaching SPECTER, SANTORUM, JEFFORDS, ABRA- nize that Arkansas is not alone in its the $35,000 range. HAM, L. CHAFEE, MACK, BUNNING, great need and that Congress must au- In 1996, and again in 1997, I intro- ASHCROFT, HARKIN, and others. I also thorize more federal funding to fight duced the ‘‘GET AHEAD’’ Act (Growing appreciate the strong support of Rep- the ever-increasing proliferation in the the Economy for Tomorrow: Assuring resentative SANFORD BISHOP of Geor- production, use, and distribution of il- Higher Education is Affordable and De- gia, the primary sponsor of Senator licit substances in our nation. pendable). My main goal in introducing Coverdell’s bill in the House. The Act would provide an additional this legislation was to help the average I spoke with Attorney General Reno $768 million over the next six years in American family afford to send their last night, and she told me that she the form of block grants by the Attor- children to college. Although this leg- ‘‘supports our efforts to improve foren- ney General to states to improve the islation never came before the full Sen- sic science capabilities.’’ She also told quality, timeliness, and credibility of ate for a vote, I was extremely pleased me that this bill ‘‘is consistent with forensic science services to the law en- that a number of the provisions of the the Department of Justice’s approach forcement community. It would do this GET AHEAD Act—including the stu- to helping State and local law enforce- by allowing states the flexibility to use dent loan interest deduction and the ment.’’ these monies for facilities, personnel, establishment of education savings ac- Moreover, numerous law enforcement computerization, equipment, supplies, counts—were included as part of the organizations, including the American accreditation and certification, edu- 1997 tax bill. Additionally, two other Society of Crime Laboratory Directors, cation, and training. The Act’s merit is provisions of that bill—the Hope Schol- American Academy of Forensic further made manifest by the fact that arship and the Lifetime Learning Cred- Sciences, Southern Association of Fo- it is supported by such groups as the it—were based upon the core proposal rensic Sciences, the National Associa- American Academy of Forensic of my GET AHEAD ACT—a $10,000 tui- tion of Medical Examiners, the Inter- Sciences, the National Association of tion deduction. national Association of Police Chiefs, Medical Examiners, the American So- The $10,000 tuition deduction is a pro- the Fraternal Order of Police, the Na- ciety of Crime Laboratory Directors, posal I have been advocating since I tional Organization of Black Law En- the Southern Association of Forensic first announced my candidacy for the forcement Executives, Georgia Bureau Sciences, the International Association Senate 28 years ago. Today, I am build- of Investigation, the National Associa- of Chiefs of Police, the National Asso- ing upon a proposal the President made tion of Attorneys General, and the Na- ciation of Counties, and the National in his State of the Union address ear- tional Association of Counties. Organization of Black Law Enforce- lier this year and am introducing legis- These Members of Congress and these ment Executives. Thus, I ask my col- lation which would finally fully enact organizations understand, as I do, that leagues to join me in helping Senator this proposal.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8587 The legislation I am introducing But while Congress demands account- were African American, Hispanic American today will provide America’s middle ability from these companies, as well or members of other minority groups; class families with up to $2,800 in an- as the Transportation Department, United States attorneys in 5 of the 94 fed- eral districts—1 each in Virginia, Maryland, nual tax relief for the costs associated Congress should also demand account- Puerto Rico and 2 in New York—submit 40 with a higher education. This plan will ability from the Justice Department. percent of all cases in which the death pen- give families the option of taking ei- As the Senate Commerce Committee alty is considered; ther an expanded Lifetime Learning held hearings on the Firestone tire United States attorneys who have fre- Credit or a tax education of up to problem the other day, a few blocks quently recommended seeking the death pen- $10,000. down the road the Justice Department alty are often from states with a high num- Thanks to the 1997 tax bill, current ber of executions, including Texas, Virginia released a report that seriously calls and Missouri; and law allows many American families to into question the fairness of the federal White defendants are more likely than claim the Lifetime Learning Credit, death penalty system. The report docu- black defendants to negotiate plea bargains, currently a tax credit of up to 20 per- ments apparent racial and geographic saving them from the death penalty in fed- cent on the first $5,000 of higher edu- disparities in the administration of the eral cases. cation expenses—meaning a tax credit federal death penalty. In other words, What do these findings tell us? I of up to $1,000 per family per year. For who lives and who dies, and who is think we can all agree that the report 2003 and after, this will increase to a charged, tried, convicted and sentenced is deeply disturbing. There is a glaring credit of up to 20 percent of the first to death in the federal system appears lack of uniformity in the application of $10,000 of higher education expenses— to relate arbitrarily to the color of the federal death penalty. Whether you meaning a credit of up to $2,000 per one’s skin or where one lives. The re- live or die appears to relate arbitrarily family per year. port can be read as a chilling indict- to the color of your skin or where you The bill I am introducing today will ment of our federal criminal justice live. Why do these disparities exist? expand this important tax credit to 28 system. How can they be addressed? The Jus- percent on the first $5,000 of higher I introduced legislation earlier this tice Department report doesn’t have education expenses through 2002— year calling for a national moratorium answers to these and other questions. I amounting to a credit of up to $1,400. on executions and the creation of a am pleased that the Attorney General For the year 2003 and after, this will in- commission to review the fairness of has requested additional internal re- views. But with all respect to the At- crease to a credit of up to 28 percent on the administration of the death pen- the first $10,000 of higher education ex- torney General, that’s simply not alty at the state and federal levels. It penses—amounting to a credit of up to enough. The American people deserve is much-needed legislation that will $2,000 per family per year. To give fam- more. Indeed, American ideals of jus- begin to address the growing concerns ilies the flexibility to choose the best tice demand much more. of the American people with the fair- approach for their own circumstances, With the first federal execution since ness and accuracy of our nation’s death my plan will give families the option of the Kennedy Administration only three penalty system. I am pleased that that deducting these higher education ex- months away, Congress should call for bill, the National Death Penalty Mora- penses instead of taking the tax credit. an independent review. Mr. President, My legislation will continue to en- torium Act, has the support of some of if the Attorney General and the Presi- sure that these important educational my colleagues, including Senators dent won’t act, then it is our solemn tax breaks help support middle class LEVIN, WELLSTONE, DURBIN, and BOXER. responsibility, as members of Congress, families while increasing the income But now, with the first federal execu- to protect the American people and en- thresholds to $60,000 per year for indi- tion in almost 40 years scheduled to sure fairness and justice for all Ameri- viduals and $120,000 for couples. take place in December, I urge my col- cans. Congress should demand an an- Mr. President, the dream of every leagues to take action in the remaining swer to the troubling questions raised American is to provide for their child a weeks of this session to restore justice by the Justice Department report. And better life than they themselves had. A and fairness to our federal criminal I believe we have a duty do so. After key component in attaining that justice system. I rise today to intro- all, it was Congress that, beginning in dream is ensuring that their children duce the Federal Death Penalty Mora- 1988, enacted the laws providing for the have the education necessary to suc- torium Act. Like my earlier bill, this death penalty for certain federal cessfully complete in the expanding bill would suspend executions of fed- crimes. global economy. It is my hope that this eral death row inmates while an inde- And I might add, the Justice Depart- legislation will help many American pendent, blue ribbon commission thor- ment has had more than enough time families move a step closer in achiev- oughly reviews the flaws in the federal to right the wrong. As some of my col- ing this dream and being able to better death penalty system. The first federal leagues may recall, concerns about ra- afford to send their children to college. execution in almost 40 years is sched- cial disparities in the administration uled to take place after this Congress of the federal death penalty were hotly Mr. FEINGOLD (for himself, Mr. has adjourned. But before we adjourn, debated in 1994 during debate on the WELLSTONE, and Mrs. BOXER): we have an obligation—indeed, a sol- Racial Justice Act as the Congress de- S. 3048. A bill to institute a morato- emn responsibility—to the American cided whether to expand the federal rium on the imposition of the death people to ensure that the federal crimi- death penalty. At that time, a House penalty at the Federal level until a nal justice system is a fair one, par- Judiciary Subcommittee report found Commission on the Federal Death Pen- ticularly when it involves the ultimate that 89 percent of defendants against alty studies its use and policies ensur- punishment, death. whom the federal government sought ing justice, fairness, and due process Mr. President, some have argued that the death penalty under the 1988 Drug are implemented; to the Committee on the flaws in the administration of the Kingpin Statute were African Amer- the Judiciary. death penalty at the state level do not ican or Hispanic Americans. In re- FEDERAL DEATH PENALTY MORATORIUM ACT OF exist at the federal level. But now, sponse to these concerns, the Attorney 2000 with the release of the Justice Depart- General centralized the process for U.S. Mr. FEINGOLD. Mr. President, in re- ment report earlier this week, our sus- attorneys requesting the Attorney cent days, Congress has held hearings picions have been heightened. We now General’s authorization to seek the and considered legislation on the ter- know that the federal death penalty death penalty. rible tragedy involving potentially de- system has attributes of inequity and The Attorney General’s centralized fective tires manufactured by unfairness. review process has now been in oper- Bridgestone/Firestone and placed on The Justice Department report ation for nearly 6 years. But we have certain vehicles sold by the Ford Motor makes a number of troubling findings: not seen anything approaching rough Company. It has captured the nation’s Roughly 80 percent of defendants who were consistency, let alone uniformity in and the media’s attention. And rightly charged with death-eligible offenses under the federal death penalty system. We so. I hope we are able to get to the bot- Federal law and whose cases were submitted are continuing to see egregious dispari- tom of who knew what, when, why and by U.S. Attorneys under the Department’s ties. One of the greatest needs for addi- how. death penalty decision-making procedures tional data and analysis involves the

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8588 CONGRESSIONAL RECORD — SENATE September 14, 2000 question of how line prosecutors and riculture the pride of the nation. But tisan support. I appreciate my col- U.S. attorneys are making decisions to farmers today face serious challenges. leagues—Senators EDWARDS, ASHCROFT, take cases at the federal level and Record low commodity prices continue and DURBIN—who join me as sponsors charge defendants with death-eligible to besiege family throughout our great of this legislation, and I encourage offenses. But Congress and the Amer- nation. For the past 3 years, American other Senators to co-sponsor this sore- ican people should not wait for another farmers have faced the lowest prices in ly-needed change in farm policy. report that fails to ask and answer this recent memory. Prices have plum- Agriculture is critical to the econ- and other tough questions. Indeed, an meted for almost every agricultural omy of America, and is the Nation’s agency that tries to review itself can’t commodity—corn, soybeans, wheat and largest employer. For farmers to pros- always be expected to be fully forth- the list goes on. The bottom line is per, our Nation must have economic coming or fully equipped to identify its that many farmers throughout this Na- policies that promote investment and own failings. That’s why an inde- tion are having trouble making ends growth in agricultural communities pendent, blue ribbon commission is the meet. and agricultural States like my home only appropriate response to the Jus- Appropriately, Congress has re- State of Illinois. A healthy agricul- tice Department report. sponded with economic assistance to tural economy has ripple effects And time is of the essence. It’s not offset these hard times. However, while through many industries and is critical too late for Congress to act. We should last year’s assistance package included for the economic prosperity of both Il- demand full accountability. In fact, the a much needed provision to expand linois and America. American people are demanding ac- limits on marketing loan gains and By Mr. HATCH (for himself and countability and fairness. In a poll re- loan deficiency payments, this year’s Mr. DOMENICI): leased today by The Justice Project, 64 assistance package did not include S. 3050. A bill to amend title XVIII of percent of registered voters support a such a provision. the Social Security Act to make im- suspension of executions while fairness As we move into harvest time, prices provements to the prospective payment questions are addressed, based on infor- have trended downward, and many now system for skilled nursing facility mation that in several instances, realize that loan deficiency payments services; to the Committee on Finance. criminals sentenced to be executed per bushel may be quite large for many THE SKILLED NURSING FACILITY CARE ACT OF have been released based on new evi- agricultural commodities. With the 2000 dence or DNA testing. And this is not combination of high yields and high Mr. HATCH. Mr. President, I am just a partisan issue, or shouldn’t be. per bushel marketing gains, many pleased to join my colleague, Senator The poll, conducted by Democratic and farmers now realize that they could DOMENICI, in introducing today legisla- Republican polling firms, found that 73 easily bump up against these payment tion to increase Medicare reimburse- percent of Independents and 50 percent limitations. Recognizing this impend- ments for skilled nursing facilities, of Republicans, including 65 percent of ing problem, farm groups, including SNFs, which care for Medicare bene- non-conservative Republicans, support the American Farm Bureau Federa- ficiaries. a suspension of executions. The Amer- tion, have asked that these payment As my colleagues recall, last year the ican people get it. Something is ter- limitations be eased, but not removed. Congress passed a measure to restore ribly amiss in our administration of According to industry experts, a 700- nearly $2.7 billion for the care of nurs- the ultimate punishment, death. And acre corn farmer will exceed the $75,000 ing home patients. This action pro- this is just as true at the federal level. cap. For farmers who exceed this cap, vided much needed relief to an industry So, as we approach the close of this their only recourse is to forego the that was facing extraordinary financial 106th Congress, I urge my colleagues to much-needed income or use the bu- difficulties as a result of the spending support a moratorium on federal execu- reaucracy-ridden commodity certifi- reductions provided under the Balanced tions while we study the glaring flaws cates program. Estimates project that Budget Act of 1997 (BBA) as well as its in the federal death penalty system the additional drying, shrinkage and implementation by the Health Care Fi- through an independent, blue ribbon storage costs that a accompany the nancing Administration (HCFA). commission. It is disturbing enough commodity certificate program will Unfortunately, the problem is not fixed, and more needs to be done. That that the ultimate punishment may be cost farmers an additional $33.46 per is why Senator DOMENICI and I are in- meted out unfairly at the state level. acre of grain. Farmers can ill-afford troducing the ‘‘Skilled Nursing Facil- But it should be even more troubling this lost income during these hard eco- ity Care Act of 2000’’ to ensure that pa- for my colleagues when the federal nomic times. tient care will not be compromised and government, which should be leading Today, I am introducing legislation to solve this dilemma. The bill simply so that seniors can rest assured that the states on matters of equality, jus- they will have access to this important tice and fairness, has a system that is doubles the LDP limit from $75,000 to $150,000 for this crop year. This legisla- Medicare benefit. unjust. We are at a defining moment in As I have talked to my constituents tion is consistent with a provision that the history of our nation’s administra- in Utah about nursing home care, it is was included in last year’s farm eco- tion of the death penalty. The time to clear to me as I am sure it is to every- nomic assistance package. do something is now. one that no one ever expects—or cer- Surprisingly, this provision may ac- tainly wants—to be in a nursing home. tually provide cost-savings to the fed- Mr. FITZGERALD (for himself, Yet, it is an important Medicare ben- eral government through staff time re- Mr. EDWARDS, Mr. ASHCROFT, efit for many seniors who have been and Mr. DURBIN): duction. Anecdotally, Illinois Farm hospitalized and are, in fact, the sick- S. 3049. A bill to increase the max- Service Agency employees report that est residents in a nursing home. imum amount of marketing loan gains it takes about two hours of staff time In Utah, there are currently 93 nurs- and loan deficiency payments that an to complete a loan forfeiture using the ing homes serving nearly 5,800 resi- agricultural producer may receive dur- commodity certificate process, while dents. I understand that seven of these ing the 2000 crop year; to the Com- the loan deficiency payment process 93 facilities, which are operated by mittee on Agriculture, Nutrition, and requires only 15 minutes. Vencor, have filed for Chapter 11 pro- Forestry. When the 1996 farm bill was written, tection. These seven facilities care for INCREASING THE AUTHORIZED AMOUNT OF MAR- no one could have foreseen our current approximately 800 residents. Clearly, KETING LOAN GAINS AND LOAN DEFICIENCY situation of extremely low prices, and we need to be concerned about the PAYMENTS the $75,000 limit seemed appropriate. prospect of these nursing homes going Mr. FITZGERALD. Mr. President, I However, with the Asian market crash, out of business, and the consequences rise today to introduce legislation to unusually good weather, and excep- that such action would have on all resi- double the limit on loan deficiency tional crop yields, commodity prices dents—no matter who pays the bill. payments (LDP) and marketing loan have been driven to unforeseen lows, The ‘‘Skilled Nursing Facility Care gains. making a re-evaluation of the LDP cap Act of 2000’’ has been developed to ad- The hard work and ingenuity of appropriate and timely. This bill is dress this problem. Medicare bene- America’s farmers have made U.S. ag- good public policy and enjoys bipar- ficiaries who need care in nursing

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8589 homes are those who have been hos- creases for 37 types of clinical, admin- I simply do not know how we can pitalized and then need comparable istrative, and support positions. The stand by in the face of this crisis and medical attention in the nursing home difference between HCFA’s 8.2 percent watch our seniors continue to lose ac- setting. In other words, they have had inflation adjustment and these salary cess to nursing home care. My belief is a stroke, cancer, complex surgery, seri- increases over the same period of time only buttressed in light of the fact that ous infection or other serious health equal 13.7 percent. Again, it is clear as the baby boomers grow older we will problem. These seniors are often the that skilled nursing facilities are not be needing more nursing homes, not sickest and most frail. receiving adequate payment from the less. Medicare’s skilled nursing benefit Medicare program. With such funding We must have a strong system of provides life enhancing care following shortfalls, skilled employees cannot be nursing home care not only now but, in a hospitalization to nearly two million hired and patient care will be im- the future. With time having already of these seniors annually. Unless Con- pacted. run out on many nursing home opera- gress and the Health Care Financing Mr. President, it is my hope that the tors and quickly running out on others, Administration take the necessary ‘‘Skilled Nursing Facility Care Act of I believe Congress must act imme- steps to ensure proper payments, elder- 2000’’ will provide immediate relief to diately. ly patients will be at risk, especially in skilled nursing facilities and the sen- In New Mexico, there are currently 81 rural, underserved and economically iors they serve, while attempting to nursing homes serving almost 7,000 pa- disadvantaged areas. address a fundamental payment short- tients, and as the bankruptcies have Moreover, in an economy of near full coming for the long-term. We cannot proven, the current Medicare payment employment, nursing homes face the forget our commitment to our nation’s system, as implemented by HCFA, sim- added difficulty of recruiting and re- elderly. ply does not provide enough funds to taining high quality nursing staff. The Senator DOMENICI and I are working cover the costs being incurred by these ability to retain high quality skilled with the Chairman of the Finance facilities to care for our senior citi- nursing staff ensures access to life- Committee, Senator ROTH, who is also zens. saving medical services for our nation’s concerned about the impact that the For rural States like New Mexico, most vulnerable seniors. BBA Medicare reimbursement levels corrective action is critically impor- Flaws in the new Medicare payment are having on skilled nursing facilities tant. Many communities in my State system have clearly underestimated and who is currently developing a are served by a single facility that is the actual cost of caring for medically package of Medicare restorations for the only provider for many miles. If complex patients. Subsequent adjust- health care providers. Over the next such a facility were to close, patients ments have led to critical under- fund- several weeks, we will work with him in that home would be forced to move ing. Patient care is being adversely af- and with members of the Finance Com- to facilities much farther away from fected. Unfortunately, HCFA maintains mittee in an effort to restore funding their families. Moreover, nursing for SNFs and for other health care pro- that it needs statutory authority to fix homes in smaller, rural communities viders who are facing similar reim- the problem. The provisions in the often operate on a razor thin bottom Hatch/Domenici bill are designed to ad- bursement reductions. Once again, I want to thank the dis- line and for them, the reductions in dress this issue. tinguished Chairman of the Budget Medicare reimbursements have been Our legislation provides that author- especially devastating. Committee, Senator DOMENICI, and his ity. In addition, the bill requires HCFA The legislation we are introducing to examine actual data and actual staff for working with me in developing this important bill and preserving today would go a long way to build Medicare skilled nursing facility cost Medicare’s commitment to our nation’s upon the steps we took last year with increases. Studies have indicated that elderly. the Balanced Budget Refinement Act the initial HCFA adjustment has been Mr. DOMENICI. Mr. President, I rise in restoring stability in the nursing understated by approximately 13.5 per- today to join Senator HATCH in intro- home industry. The Hatch-Domenici cent. Pursuant to the Hatch/Domenici ducing the ‘‘Skilled Nursing Facility Care Act of 2000 would increase reim- bill, HCFA would be required to make Care Act of 2000.’’ bursement rates through two provi- the necessary adjustments in the SNF We can all take a certain amount of sions. market basket index to better account pride in the bipartisan Balanced Budg- First, for a 2-year period, the bill for annual cost increases in providing et Act of 1997. However, it should come eliminates the one percentage point re- skilled nursing care to medically com- as no surprise that legislation as com- duction in the annual inflation update plex patients. plex as the Balanced Budget Act (BBA), for all skilled nursing facility reim- Since HCFA’s review and adjust- as well as its implementation by the bursement rates and raises that same ments as provided under our bill will Health Care Financing Administration, update by four percent. I believe this not be immediate, our legislation has produced some unintended con- provision is a matter of simple fairness would also increase the inflation ad- sequences that must be corrected. because we are merely attempting to justment by four percent for fiscal year Heeding this advice, Congress made a accurately keep reimbursements in 2001 and fiscal year 2002, respectively. down payment last year on the contin- line with the actual cost of providing This immediate funding increase is ued health of the skilled nursing facil- care. necessary to ensure continuity of qual- ity benefit by passing the Balanced Second, the bill directs the Secretary ity patient care in the interim. It will Budget Refinement Act of 1999. While I of Health and Human Services to reex- provide some assurance that quality believe this was a very good first step, amine the annual inflation update, the skilled nursing facility services for our I am convinced the bill we are intro- so-called market basket index, using nation’s seniors will continue, while ducing today is urgently needed to as- actual data to determine the necessary HCFA examines actual cost data and sure our senior citizens continue to level of update. As a result of the reex- develops a more accurate market bas- have access to quality nursing home amination, the Secretary may adjust ket index. care through the Medicare program. the inflation update accordingly. Skilled nursing facilities are being The transition to the Prospective I look forward to again working with underpaid and most of the payment is Payment System (PPS) for Skilled Senator HATCH to pass this critical leg- for nurses’ aides and therapists. Ac- Nursing Facilities (SNFs) contained in islation. cording to a study conducted by Buck the BBA is seriously threatening ac- Consultants that surveyed managerial, cess to needed care for seniors all By Mr. SCHUMER (for himself, supervisory, and staff positions in across the country. For instance, al- Mr. MCCAIN, and Mr. JOHNSON): nursing homes, actual wages for these most 11 percent of nursing facilities in S. 3051. A bill to amend the Federal valued employees increased, on aver- the United States are in bankruptcy. Food, Drug, and Cosmetic Act to pro- age, 21.9 percent between 1995 and 1998. In my home State of New Mexico the vide greater access to affordable phar- Buck Consultants examined data number is nothing short of alarming, maceuticals; to the Committee on gathered from a voluntary nursing nearly 50 percent of the nursing facili- Health, Education, Labor, and Pen- home survey by looking at salary in- ties are in bankruptcy. sions.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8590 CONGRESSIONAL RECORD — SENATE September 14, 2000

GREATER ACCESS TO AFFORDABLE filed pursuant to section 10.30 of title 21, SEC. 7. CONFORMING AMENDMENTS. PHARMACEUTICALS ACT Code of Federal Regulations, with respect to (a) APPLICATIONS.—Section 505 of the Fed- Mr. MCCAIN. Mr. President, I ask an application submitted under paragraph eral Food, Drug, and Cosmetic Act (21 U.S.C. unanimous consent that the text of the (2)(A), shall not cause the Secretary to delay 355) is amended— (1) in subsection (b)(3), in subparagraphs bill be printed in the RECORD. review and approval of such application, un- There being no objection, the bill was less such petition demonstrates through sub- (A) and (C), by striking ‘‘paragraph stantial scientific proof that approval of (2)(A)(iv)’’ and inserting ‘‘paragraph (2)’’; ordered to be printed in the RECORD, as such application would pose a threat to pub- (2) in subsection (c)(3)— follows: lic health and safety.’’. (A) in subparagraph (A), by striking S. 3051 ‘‘clause (i) or (ii) of subsection (b)(2)(A)’’ and SEC. 4. BIOEQUIVALENCE TESTING METHODS. Be it enacted by the Senate and House of Rep- inserting ‘‘subparagraph (A) or (B) of sub- resentatives of the United States of America in Section 505(j)(8)(B) of the Federal Food, section (b)(2)’’; Congress assembled, Drug, and Cosmetic Act (21 U.S.C. (B) in subparagraph (B), by striking SECTION 1. SHORT TITLE. 355(j)(8)(B)) is amended— ‘‘clause (iii) of subsection (b)(2)(A)’’ and all This Act may be cited as the ‘‘Greater Ac- (1) in clause (i), by striking ‘‘or’’ at the that follows through the period and inserting cess to Affordable Pharmaceuticals Act’’ or end; ‘‘subparagraph (C) of subsection (b)(2), the the ‘‘GAAP Act of 2000’’. (2) in clause (ii), by striking the period and approval may be made effective on the date SEC. 2. NEW DRUG APPLICATIONS. inserting ‘‘; or’’; and certified under subparagraph (C).’’; (a) LIMITATIONS ON THE USE OF PATENTS TO (3) by adding at the end the following: (C) in subparagraph (C), by striking PREVENT APPROVAL OF ABBREVIATED NEW ‘‘(iii) the effects of the drug and the listed ‘‘clause (iv) of subsection (b)(2)(A)’’ and in- DRUG APPLICATIONS.—Section 505(b)(2) of the drug do not show a significant difference serting ‘‘subparagraph (D) of subsection Federal Food, Drug, and Cosmetic Act (21 based on tests (other than tests that assess (b)(2)’’; and U.S.C. 355(b)(2)) is amended— rate and extent of absorption), including (D) in subparagraph (D)(ii), by striking (1) in subparagraph (A)— comparative pharmacodynamic studies, lim- ‘‘clause (iv) of subsection (b)(2)(A)’’ and in- (A) in the matter preceding clause (i), by ited confirmation studies, or in vitro meth- serting ‘‘subparagraph (D) of subsection striking ‘‘the drug for which such investiga- ods, that demonstrate that no significant (b)(2)’’; and tions were conducted or which claims a use differences in therapeutic effects of active or (3) in subsection (j), in paragraph (2)(A), in for such drug for which the applicant is seek- inactive ingredients are expected.’’. the matter following clause (vii)(IV), by ing approval under this subsection’’ and in- SEC. 5. ACCELERATED GENERIC DRUG COMPETI- striking ‘‘clauses (i) through (viii)’’ and in- serting ‘‘an active ingredient of the drug for TION. serting ‘‘clauses (i) through (vii)’’. which such investigations were conducted, (b) PEDIATRIC STUDIES OF DRUGS.—Section (a) IN GENERAL.—Section 505(j)(5) of the alone or in combination with another active Federal Food, Drug, and Cosmetic Act (21 505A of the Federal Food, Drug, and Cos- ingredient or which claims the first approved U.S.C. 355(j)(5)) is amended— metic Act (21 U.S.C. 355a) is amended— use for such drug for which the applicant is (1) in subparagraph (B)(iv), by striking sub- (1) in subsection (a)(2)— seeking approval under this subsection’’; and clause (II) and inserting the following: (A) in clause (i) of subparagraph (A), by (B) in clause (iv), by striking ‘‘; and’’ and ‘‘(II) the date of a final decision of a court striking ‘‘(b)(2)(A)(ii)’’ and inserting ‘‘(b)(2)’’; inserting a period; in an action described in clause (ii) from (B) in clause (ii) of subparagraph (A), by (2) in the matter preceding subparagraph which no appeal can or has been taken, or striking ‘‘(b)(2)(A)(iii)’’ and inserting (A), by striking ‘‘shall also include—’’ and the date of a settlement order or consent de- ‘‘(b)(2)’’; and all that follows through ‘‘a certification’’ cree signed by a Federal judge, that enters a (C) in subparagraph (B), by striking ‘‘sub- and inserting ‘‘shall also include a certifi- final judgement, and includes a finding that section (b)(2)(A)(iv)’’ and inserting ‘‘sub- cation’’; the relevant patents that are the subject of section (b)(2)’’; and (3) by striking subparagraph (B); and the certification involved are invalid or not (2) in subsection (c)(2)— (4) by redesignating clauses (i) through (iv) infringed, whichever is earlier,’’; (A) in clause (i) of subparagraph (A), by as subparagraphs (A) through (D), respec- (2) by redesignating subparagraphs (C) and striking ‘‘(b)(2)(A)(ii)’’ and inserting ‘‘(b)(2)’’; tively, and aligning the margins of the sub- (D) as subparagraphs (D) and (E), respec- (B) in clause (ii) of subparagraph (A), by paragraphs with the margins of subpara- tively; and striking ‘‘(b)(2)(A)(iii)’’ and inserting graph (A) of section 505(c)(1) of that Act (21 (3) by inserting after subparagraph (B), the ‘‘(b)(2)’’; and U.S.C. 355(c)(1)). following: (C) in subparagraph (B), by striking ‘‘sub- (b) ABBREVIATED NEW DRUG APPLICA- section (b)(2)(A)(iv)’’ and inserting ‘‘sub- TIONS.—Section 505(j)(2)(A) of the Federal ‘‘(C) The one-hundred and eighty day pe- section (b)(2)’’. Food, Drug, and Cosmetic Act (21 U.S.C. riod described in subparagraph (B)(iv) shall (c) DEFINITION.—Section 201 of the Federal 355(j)(2)(A)) is amended— become available to the next applicant sub- Food, Drug, and Cosmetic Act (21 U.S.C. 321) (1) in clause (vi), by striking the semicolon mitting an application containing a certifi- is amended by adding at the end the fol- and inserting ‘‘; and’’; and cation described in paragraph (2)(A)(vii)(IV) lowing: (2) in clause (vii)— if the previous applicant fails to commence ‘‘(kk) For purposes of the references to (A) in the matter preceding subclause (I), commercial marketing of its drug product court decisions in clauses (i) and (iii) of sec- by striking ‘‘the listed drug referred to in once its application is made effective, with- tion 505(c)(3)(C) and clauses (iii)(I), (iii)(III) clause (i) or which claims a use for such list- draws its application, or amends the certifi- of section 505(j)(5)(B), the term ‘the court’ ed drug for which the applicant is seeking cation from a certification under subclause means the court that enters final judgment approval under this subsection’’ and insert- (IV) to a certification under subclause (III) from which no appeal (not including a writ of ing ‘‘an active ingredient of the listed drug of such paragraph, either voluntarily or as a certiorari) can or has been taken.’’. referred to in clause (i), alone or in combina- result of a settlement or defeat in patent tion with another active ingredient or which litigation.’’. By Mr. SMITH of Oregon (for claims the first approved use for such drug (b) EFFECTIVE DATE.—The amendments himself and Mr. WYDEN): for which the applicant is seeking approval made by this section shall only be effective S. 3052. A bill to designate wilderness under this subsection’’; with respect to an application filed under areas and a cooperative management (B) in subclause (IV), by striking ‘‘; and’’ section 505(j) of the Federal Food, Drug, Cos- and protection area in the vicinity of and inserting a period; and metic Act for a listed drug for which no cer- (C) by striking clause (viii). tification pursuant to 505(j)(2)(A)(vii)(IV) of Steens Mountain in Harney County, (c) EFFECTIVE DATE.—The amendments such Act was made prior to the date of en- Oregon, and for other purposes; to the made by this section shall only be effective actment of this Act. Committee on Energy and Natural Re- with respect to a listed drug for which no sources. SEC. 6. SENSE OF CONGRESS. certification pursuant to section STEENS MOUNTAIN WILDERNESS ACT OF 2000 It is the sense of Congress that measures 505(j)(2)(A)(vii)(IV) of the Federal Food, Mr. WYDEN. Mr. President, today I Drug, Cosmetic Act was made prior to the should be taken to effectuate the purpose of date of enactment of this Act. the Drug Price Competition and Patent join my friend from Oregon, Senator SEC. 3. CITIZEN PETITION REVIEW. Term Restoration Act of 1984 (referred to in SMITH, in the introduction of the Section 505(j)(5) of the Federal Food, Drug, this section as the ‘‘Hatch-Waxman Act’’) to Steens Mountain Wilderness Act of and Cosmetic Act (21 U.S.C. 355(j)(5)) is make generic drugs more available and ac- 2000. Located in southeastern Oregon, amended— cessible, and thereby reduce health care Steens Mountain is, in the words of Or- (1) by redesignating subparagraphs (C) and costs, including measures that require manu- egon environmentalist, Andy Kerr, ‘‘an (D) as subparagraphs (D) and (E), respec- facturers of a drug for which an application ecological island in the sky.’’ Rising a is approved under section 505(c) of the Fed- tively; and mile above the desert floor, Steens (2) by inserting after subparagraph (B) the eral Food, Drug, and Cosmetic Act (21 U.S.C. following: 255(c)) desiring to extend a patent of such Mountain actually creates its own ‘‘(C) Notwithstanding any other provision drug to utilize the patent extension proce- weather patterns. Though we from Or- of law, the submission of a citizen’s petition dure provided under the Hatch-Waxman Act. egon are blessed to have it located

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8591 within our state boundary, it is truly a THE YELLOWSTONE AND TETON SCENIC On an average school day in 1999, National natural treasure. OVERFLIGHT EXCLUSION ACT OF 2000 nearly 27 million children received Some have wondered why any legisla- Mr. THOMAS. Mr. President, I rise lunches supported by the national tive action at all is needed to protect today to introduce legislation to pro- school lunch program. Of that total, the Steens. They say the Steens has tect two crown jewels of the National over 15 million of these children were been there a long time and is doing just Park Service, Yellowstone and Grand poor. Over 7 million children partici- fine. Why not just leave it alone? Teton National Parks. pated in the school breakfast program There are three reasons why inaction Specifically, the ‘‘Yellowstone and and more than 6 million of these chil- at this time is an unacceptable choice. Teton Scenic Overflight Exclusion Act dren were poor. These statistics clearly First, there are many landowners of 2000’’ would prohibit all scenic show that the American people are today in the Steens with a commit- flights—both fixed wing and heli- generous and compassionate regarding ment to protect this ecological treas- copter—over these two parks. A recent the nutritional status of our children, ure. There is no assurance that this proposal for scenic helicopter tours especially poor children who may not will always be the case. near Grand Teton Park has many in have access to enough food at home. Second, our federal land agencies are this area of Wyoming concerned about However, most of these poor children now committed to protecting the nat- the tranquility of Yellowstone and lose access to school lunches and ural ecology of the Steens. There is no Teton parks. In fact, the proposal has breakfasts once the school year is over. assurance that this will always be the evoked strong opposition by citizens in The Federal Government does have case. the area and over 4,500 people have programs to provide summer meals, Third, the Steens includes many wil- signed a petition in support of banning but only about 22 percent of the poor derness study areas. We now have the these tours. children who get a school lunch also We need to protect the resources and opportunity to begin resolving the sta- get a summer meal. Common sense values of these parks in the interest of tus of these lands that have been in tells us that children’s hunger does not all who visit and enjoy these national limbo for twenty years. There is no as- go on vacation at the end of the school treasures—today and for future genera- surance that Oregon’s future elected year. tions. Every visitor should have the op- officials, working with all concerned Basically, children can receive feder- portunity to enjoy the tranquil sounds parties, will ever again have such a ally subsidized summer meals in 2 of nature unimpaired in these parks. unique opportunity to address this con- I don’t take the idea of legislation ways: through the summer food service tentious issue. lightly. I am aware that the recently program; or, if they are in summer The fact of the matter is that pro- passed National Parks Air Tour man- school or year-round school, through tecting the ecological health of the agement Act provides a process that the regular national school lunch and Steens isn’t going to happen by osmo- attempts to address scenic overflight school breakfast programs. Summer school and year-round sis. It has taken the hard work of the operations. But this area of the coun- Oregon Congressional delegation, Gov- try is unique and therefore requires school students can get the regular ernor Kitzhaber, Secretary Babbitt and quick and decisive action. For exam- school lunch and breakfast programs. numerous staff and private citizens of ple, the proposed commercial air tour Just as in the regular school year, stu- Oregon to get this legislation where it operations originate from the Jackson dents can receive free, reduced price or is today. It will take a bit more hard Hole Airport, the only airport in the full price meals, depending upon their work to get a Senate-passed bill. continental United States that is en- families’ income. In July 1999, 1.1 mil- It is my task, as a United States Sen- tirely within a national park. Con- lion children received free or reduced ator, to move this legislation forward sequently, every time a commercial air price meals this way. through the committee hearing and tour operation takes off or lands, it is The summer food service program Senate floor processes. In that context, flying through Grand Teton National was created to provide summer meals this bill will most likely have to be Park. Further, commercial air tour op- for children who are not in summer fine-tuned to accommodate additional erations by their nature fly passengers school or year-round school. The estab- concerns. I look forward to working purposefully over the parks, at low al- lishment of a summer food service pro- with all my colleagues to see that this titudes, at frequent intervals and often gram site depends upon a local entity bill is passed before the lights go down to the very locations and attractions agreeing to operate a site. At the local on the 106th Congress. But one major favored by ground-based visitors. These level, the summer food service program aspect of this bill can never change: threats to the enjoyment of these two (SFSP) is run by approved sponsors, in- the protections for the ecological parks require banning commercial air cluding school districts, local govern- treasure that is the Steens will be put tour operations in the area. ment agencies, camps, private non- in place while we also preserve the im- It is my hope that this legislation profit organizations or post-secondary portant historical ranching culture can be enacted quickly to ensure the schools sponsoring NCAA National that thrives there. preservation of natural quiet and pro- Youth Sports Programs. Sponsors pro- There have been issues raised about vide the assurance that visitors can vide free meals to a group of children the valuation of the land exchanges enjoy the sounds of nature at Grand at a central site, such as a school or a that make the adoption of over 170,000 Teton and Yellowstone national parks. community center or at satellite sites, acres of wilderness possible in this bill. such as playgrounds. Sponsors receive Let me make it perfectly clear that By Mr. LUGAR (for himself, Mr. payments from USDA, through their this bill should stand or fall on wheth- HARKIN, Mr. CRAIG, Mr. LEAHY, State agencies, for the documented er there is significant public value at Mr. MCCONNELL, Mr. KERREY, food costs of the meals they serve and the end of the day. I believe the Senate and Mr. GRASSLEY): for their documented operating costs. will find that the expenditures author- S. 3054. A bill to amend the Richard The program is targeted toward serv- ized by this legislation purchase the B. Russell National School Lunch Act ing poor children. States approve SFSP sum of a greater public value than can to reauthorize the Secretary of Agri- meal sites as open, enrolled, or camp be accounted for by its individual culture to carry out pilot projects to sites. Open sites operate in low-income parts. I will continue to work to assure increase the number of children par- area where at least half of the children that this legislation achieves the ticipating in the summer food service come from families with incomes at or greatest environmental good possible. program for children; to the Com- below 185 percent of the Federal pov- mittee on Agriculture, Nutrition, and erty level, making them eligible for By Mr. THOMAS: Forestry. free and reduced-price meals. Meals S. 3053. A bill to prohibit commercial SUMMER MEALS FOR POOR CHILDREN and snacks are served free to any child air tour operations over national parks Mr. LUGAR. Mr. President, I rise at the open site. within the geographical area of the today to introduce legislation to im- Enrolled sites provide free meals to greater Yellowstone ecosystem; to the prove the summer food service pro- all children enrolled in an activity pro- Committee on Energy and Natural Re- gram, which provides summer meals to gram at the site if at least half of them sources. poor children. are eligible for free and reduced-price

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8592 CONGRESSIONAL RECORD — SENATE September 14, 2000 meals. Camps may also participate in parks departments, have to meet pub- continue to provide surgery services in SFSP. They receive payments only for lic accounting standards that make it the local community, Medicare re- the meals served to children who are unlikely that money meant for child quires them to provide, directly or eligible for free and reduced-price nutrition could be siphoned off and under arrangements, certain physician school meals. used for unlawful purposes. pathology services. Without these ar- At most sites, children receive either My bill would establish a pilot rangements, patients may have to one or two reimbursable meals or a project to reduce the paperwork re- travel far from home to have surgery meal and a snack each day. Camps and quired of schools and other public in- performed. sites that primarily serve migrant chil- stitutions (like parks departments) to Recently, HCFA delayed implemen- dren may be approved to serve up to run a summer food service program, tation of new inpatient and outpatient three meals to each child, each day. and thus, hopefully, encourage more technical component (TC) reimburse- Participation in the SFSP and the sponsors to join the program and offer ment rules until January 1, 2001. How- summer portion of the school lunch summer meals. The bill would allow, in ever, many providers esepectially those program varies widely by State. Com- low participation states, public spon- in rural or medically underserved paring the number of low-income chil- sors to automatically receive the max- areas, remain concerned that the new dren in summer programs to the num- imum reimbursement for both food rules will impose burdensome costs and ber who get free and reduced price costs and administrative costs. In this administrative requirements on hos- meals during the regular school year way, the SFSP would be identical to pitals and independent laboratories gives a reasonable measure of how well the school lunch program. that have operated in good faith under the summer meal needs of low-income Low participation states would be de- the prior policy. For hospitals and children are being met. According to fined as those states where the number independent laboratories that have op- the most recent data supplied by of children receiving summer meals erated in good faith under the prior USDA, only about 22 percent of those (compared to the number receiving free policy. For hospitals and independent children who received a regular school or reduced price lunches during the laboratories with existing arrange- lunch also received a summer meal. school year) was less than half the na- ments, changing the way Medicarepays Again according to USDA, participa- tional average participation in the for the TC physician pathology services tion ranges from over 53 percent in the summer meals programs (compared to provided to hospitals is likely to strain District of Columbia to under 3 percent the number receiving free or reduced already scarce resources by creating in Alaska. My home state of Indiana price lunches during the school year). new costs that cannot be easily ab- serves under 10 percent of these chil- This pilot program would run for 3 sorbed. For the first time, independent dren. years, FY 01 to FY 03. laboratories will have to generate two In August, I visited the successful USDA would be required to study bills—one for the technical components summer feeding program implemented whether reducing the paperwork bur- to the hospital and onother to Medi- this year by the New Albany-Floyd den increased participation in the pro- care for the professional components. County Consolidated School Corpora- gram. USDA would also be required to Since each laboratory may serve five, tion in Indiana. I discussed with com- study whether meal quality or program ten or more hospitals, these separate munity leaders ideas to encourage integrity was affected by removing the billings will be costly and complicated. more participation in the program requirement for sponsors to document The ‘‘Physician Pathology Services Fair Payment Act of 2000’’ is essential throughout my home state. their spending. Results of the study to the many communities in my home Mr. President, hunger does not take will be available for the 2003 child nu- state of South Dakota, and across the a summer vacation. We need to exam- trition reauthorization. ine new means of encouraging local en- I urge my colleagues to support this country, who rely on the continued presence of pathology services to re- tities to agree to offer the summer food legislation. service program in poor areas. In talk- tain a high-quality health care delivery ing with program experts, a recurring By Mr. JOHNSON (for himself system that is both responsive and ac- problem they mentioned regarding the and Mr. HUTCHINSON): cessible to each and every individual decision to enter the program was the S. 3055. A bill to amend title XVIII of requiring these services. Pathologists amount of paperwork necessary to gain the Social Security Act to revise the provide an extremely powerful and val- USDA approval. payments for certain physician pathol- uable resource to these communities That is why we propose today legisla- ogy services under the medicare pro- and the ‘‘Physician Pathology Services tion to provide a targeted method of gram; to the Committee on Finance. Fair Payment Act of 2000’’ will ensure that these health care professionals increasing participation in those states PHYSICIAN PATHOLOGY SERVICES FAIR PAYMENT with very low participation. This ACT OF 2000 continue to positively impact the lives method will be tested for a few years to Mr. JOHNSON. Mr. President, I rise of not only South Dakotans but the see if it is effective and, thus, should be on behalf of myself and my colleague, lieves of millions of Americans who extended to all states. Senator HUTCHINSON, to introduce the utilize these services without perhaps Under current SFSP law, sponsors ‘‘Physician Pathology Services Fair even knowing the critical role that get a food cost reimbursement and an Payment Act of 2000.’’ This important they play in our health care delivery administrative reimbursement of the legislation allows independent labora- system. amounts that they document, up to a tories to continue to receive direct Mr. President, I ank unanimous con- maximum amount. Based on the most payments from Medicare for the tech- sent that the complete text of the bill recent data available, SFSP sponsors nical component of pathology services be printed in the RECORD. There being no objection, the bill was document costs sufficient to receive provided to hospital inpatients and ordered to be printed in the RECORD, as the maximum reimbursement over 90 outpatients. This bill encompasses follows: percent of the time. Some institutions both the inpatient and outpatient tech- (e.g., schools, parks departments) may nical components in a comprehensive S. 3055 not offer the SFSP because they do not manner than will allow Congress to ad- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in want to put up with the administrative dress both of these pressing issues in a Congress assembled, burden of documenting all their costs single legislative vehicle. SECTION 1. SHORT TITLE. in a manner acceptable to USDA. As you know, many hospitals, par- This Act may be cited as the ‘‘Physician Under the regular school lunch pro- ticularly small and rural hospitals, Pathology Services Fair Payment Act of gram, schools do not have to document make arrangements with independent 2000’’. their costs, but instead automatically laboratories to provide physician pa- SEC. 2. TREATMENT OF CERTAIN PHYSICIAN PA- receive their meal reimbursements. thology services for their patients. THOLOGY SERVICES UNDER MEDI- CARE. The extra paperwork burden of docu- They do so because these hospitals (a) IN GENERAL.—Notwithstanding any menting all their costs may discourage typically lack the patient volume or other provision of law, when an independent sponsors from offering summer meals. funds to sustain an in-house pathology laboratory, under a grandfathered arrange- Public sponsors, such as schools and department. Yet, if the hospitals are to ment with a hospital, furnishes the technical

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8593 component of a physician pathology service ‘‘Made in the USA’’ label on products in a manner that does not impair any with respect to— of the Commonwealth of the Northern investigation or prosecution conducted (1) an inpatient fee-for-service medicare Mariana Islands and to deny such prod- by the Department of Justice or cer- beneficiary, such component shall be treated ucts duty-free and quota-free treat- tain intelligence matters, and for other as a service for which payment shall be made to the laboratory under section 1848 of the ment. purposes. Social Security Act (42 U.S.C. 1395w–4) and S. 1155 S. 1938 not as an inpatient hospital service for At the request of Mr. ROBERTS, the At the request of Mr. CRAIG, the which payment is made to the hospital under name of the Senator from Utah (Mr. name of the Senator from Washington section 1886(d) of such Act (42 U.S.C. HATCH) was added as a cosponsor of S. (Mr. GORTON) was added as a cosponsor 1395ww(d)); and 1155, a bill to amend the Federal Food, of S. 1938, a bill to provide for the re- (2) an outpatient fee-for-service medicare beneficiary, such component shall be treated Drug, and Cosmetic Act to provide for turn of fair and reasonable fees to the as a service for which payment shall be made uniform food safety warning notifica- Federal Government for the use and oc- to the laboratory under section 1848 of such tion requirements, and for other pur- cupancy of National Forest System Act (42 U.S.C. 1395w–4) and not as a hospital poses. land under the recreation residence outpatient service for which payment is S. 1277 program, and for other purposes. made to the hospital under the prospective At the request of Mr. GRASSLEY, the S. 1957 payment system under section 1834(t) of such Act (42 U.S.C. 1395l(d)). names of the Senator from Nevada (Mr. At the request of Mr. SCHUMER, the (b) DEFINITIONS.—For purposes of this sec- BRYAN) and the Senator from Ten- names of the Senator from Illinois (Mr. tion: nessee (Mr. FRIST) were added as co- DURBIN) and the Senator from West (1) GRANDFATHERED ARRANGEMENT.—The sponsors of S. 1277, a bill to amend title Virginia (Mr. ROCKEFELLER) were added term ‘‘grandfathered arrangement’’ means XIX of the Social Security Act to es- as cosponsors of S. 1957, a bill to pro- an arrangement between an independent lab- tablish a new prospective payment sys- vide for the payment of compensation oratory and a hospital— tem for Federally-qualified health cen- to the families of the Federal employ- (A) that was in effect as of July 22, 1999, even if such arrangement is subsequently re- ters and rural health clinics. ees who were killed in the crash of a newed; and S. 1369 United States Air Force CT–43A air- (B) under which the laboratory furnishes At the request of Mr. L. CHAFEE, his craft on April 3, 1996, near Dubrovnik, the technical component of physician pa- name was added as a cosponsor of S. Croatia, carrying Secretary of Com- thology services with respect to patients of 1369, a bill to enhance the benefits of merce Ronald H. Brown and 34 others. the hospital and submits a claim for pay- the national electric system by encour- S. 2018 ment for such component to a medicare car- rier (and not to the hospital). aging and supporting State programs At the request of Mrs. HUTCHISON, the (2) INPATIENT FEE-FOR-SERVICE MEDICARE for renewable energy sources, universal names of the Senator from Tennessee BENEFICIARY.—The term ‘‘inpatient fee-for- electric service, affordable electric (Mr. FRIST) and the Senator from Utah service medicare beneficiary’’ means an indi- service, and energy conservation and (Mr. HATCH) were added as cosponsors vidual who— efficiency, and for other purposes. of S. 2018, a bill to amend title XVIII of (A) is an inpatient of the hospital involved; S. 1536 the Social Security Act to revise the (B) is entitled to benefits under part A of At the request of Mr. DEWINE, the update factor used in making payments title XVIII of the Social Security Act (42 to PPS hospitals under the medicare U.S.C. 1395c et seq.); and names of the Senator from Tennessee (C) is not enrolled in— (Mr. FRIST), the Senator from Montana program. (i) a Medicare+Choice plan under part C of (Mr. BURNS), and the Senator from S. 2225 such Act (42 U.S.C. 1395w–21 et seq.); Pennsylvania (Mr. SANTORUM) were At the request of Mr. GRASSLEY, the (ii) a plan offered by an eligible organiza- added as cosponsors of S. 1536, a bill to name of the Senator from Montana tion under section 1876 of such Act (42 U.S.C. amend the Older Americans Act of 1965 (Mr. BURNS) was added as a cosponsor 1395mm); or to extend authorizations of appropria- of S. 2225, a bill to amend the Internal (iii) a medicare managed care demonstra- tion project. tions for programs under the Act, to Revenue Code of 1986 to allow individ- (3) OUTPATIENT FEE-FOR-SERVICE MEDICARE modernize programs and services for uals a deduction for qualified long- BENEFICIARY.—The term ‘‘outpatient fee-for- older individuals, and for other pur- term care insurance premiums, use of service medicare beneficiary’’ means an indi- poses. such insurance under cafeteria plans vidual who— S. 1810 and flexible spending arrangements, (A) is an outpatient of the hospital in- At the request of Mrs. MURRAY, the and a credit for individuals with long- volved; term care needs. (B) is enrolled under part B of title XVIII name of the Senator from Illinois (Mr. of the Social Security Act (42 U.S.C. 1395j et DURBIN) was added as a cosponsor of S. S. 2274 seq.); and 1810, a bill to amend title 38, United At the request of Mr. GRASSLEY, the (C) is not enrolled in— States Code, to clarify and improve name of the Senator from Georgia (Mr. (i) a plan or project described in paragraph veterans’ claims and appellate proce- MILLER) was added as a cosponsor of S. (2)(C); or dures. 2274, a bill to amend title XIX of the (ii) a health care prepayment plan under S. 1874 Social Security Act to provide families section 1833(a)(1)(A) of such Act (42 U.S.C. and disabled children with the oppor- 1395l(a)(1)(A)). At the request of Mr. GRAHAM, the tunity to purchase coverage under the (4) MEDICARE CARRIER.—The term ‘‘medi- names of the Senator from Kentucky care carrier’’ means an organization with a (Mr. BUNNING) and the Senator from medicaid program for such children. contract under section 1842 of the Social Se- Colorado (Mr. CAMPBELL) were added as S. 2394 curity Act (42 U.S.C. 1395u). cosponsors of S. 1874, a bill to improve At the request of Mr. MOYNIHAN, the (c) EFFECTIVE DATE.—This section shall academic and social outcomes for name of the Senator from Missouri apply to services furnished on or after July 22, 1999. youth and reduce both juvenile crime (Mr. ASHCROFT) was added as a cospon- and the risk that youth will become sor of S. 2394, a bill to amend title f victims of crime by providing produc- XVIII of the Social Security Act to sta- ADDITIONAL COSPONSORS tive activities conducted by law en- bilize indirect graduate medical edu- S. 922 forcement personnel during non-school cation payments. At the request of Mr. ABRAHAM, the hours. S. 2434 names of the Senator from West Vir- S. 1902 At the request of Mr. L. CHAFEE, the ginia (Mr. ROCKEFELLER), the Senator At the request of Mrs. FEINSTEIN, the names of the Senator from Georgia from Illinois (Mr. DURBIN), the Senator name of the Senator from Massachu- (Mr. CLELAND) and the Senator from from California (Mrs. BOXER), the Sen- setts (Mr. KENNEDY) was added as a co- Texas (Mr. GRAMM) were added as co- ator from Maryland (Ms. MIKULSKI), sponsor of S. 1902, a bill to require dis- sponsors of S. 2434, a bill to provide and the Senator from California (Mrs. closure under the Freedom of Informa- that amounts allotted to a State under FEINSTEIN) were added as cosponsors of tion Act regarding certain persons and section 2401 of the Social Security Act S. 922, a bill to prohibit the use of the records of the Japanese Imperial Army for each of fiscal years 1998 and 1999

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8594 CONGRESSIONAL RECORD — SENATE September 14, 2000 shall remain available through fiscal layperson standard to the determina- (Mr. THOMAS) was added as a cosponsor year 2002. tion of medical necessity for emer- of S. 3020, a bill to require the Federal S. 2443 gency ambulance services, and to rec- Communications Commission to revise At the request of Mr. DURBIN, the ognize the additional costs of providing its regulations authorizing the oper- name of the Senator from New Jersey ambulance services in rural areas. ation of new, low-power FM radio sta- (Mr. TORRICELLI) was added as a co- S. 2879 tions. sponsor of S. 2443, a bill to increase im- At the request of Ms. COLLINS, the S. CON. RES. 130 munization funding and provide for im- name of the Senator from New York At the request of Mr. ABRAHAM, the munization infrastructure and delivery (Mr. SCHUMER) was added as a cospon- names of the Senator from Alaska (Mr. activities. sor of S. 2879, a bill to amend the Pub- STEVENS) and the Senator from Rhode lic Health Service Act to establish pro- S. 2640 Island (Mr. L. CHAFEE) were added as grams and activities to address diabe- cosponsors of S. Con. Res. 130, concur- At the request of Mrs. BOXER, the tes in children and youth, and for other name of the Senator from Montana rent resolution establishing a special purposes. task force to recommend an appro- (Mr. BURNS) was added as a cosponsor S. 2938 priate recognition for the slave labor- of S. 2640, a bill to amend title 38, At the request of Mr. BROWNBACK, the ers who worked on the construction of United States Code, to permit Depart- name of the Senator from Illinois (Mr. the United States Capitol. ment of Veterans Affairs pharmacies to DURBIN) was added as a cosponsor of S. dispense medications to veterans for S. RES. 330 2938, a bill to prohibit United States as- At the request of Mr. INHOFE, the prescriptions written by private practi- sistance to the Palestinian Authority tioners, and for other purposes. names of the Senator from Massachu- if a Palestinian state is declared uni- setts (Mr. KERRY), the Senator from S. 2688 laterally, and for other purposes. Nebraska (Mr. KERREY), the Senator At the request of Mr. INOUYE, the S. 2976 from Washington (Mrs. MURRAY), and names of the Senator from Nevada (Mr. At the request of Mrs. FEINSTEIN, the the Senator from Oklahoma (Mr. NICK- BRYAN) and the Senator from South name of the Senator from Rhode Island LES) were added as cosponsors of S. Dakota (Mr. DASCHLE) were added as (Mr. L. CHAFEE) was added as a cospon- Res. 330, a resolution designating the cosponsors of S. 2688, a bill to amend sor of S. 2976, a bill to amend title XXI week beginning September 24, 2000, as the Native American Languages Act to of the Social Security Act to allow ‘‘National Amputee Awareness Week.’’ provide for the support of Native Amer- States to provide health benefits cov- S. RES. 342 ican Language Survival Schools, and erage for parents of children eligible At the request of Mr. THURMOND, the for other purposes. for child health assistance under the names of the Senator from Idaho (Mr. S. 2733 State children’s health insurance pro- CRAIG), the Senator from Ohio (Mr. At the request of Mr. KERRY, the gram. DEWINE), the Senator from Tennessee name of the Senator from New Jersey S. 2987 (Mr. FRIST), the Senator from Vermont (Mr. TORRICELLI) was added as a co- At the request of Mr. ROBERTS, the (Mr. JEFFORDS), the Senator from Lou- sponsor of S. 2733, a bill to provide for name of the Senator from Mississippi isiana (Ms. LANDRIEU), the Senator the preservation of assisted housing for (Mr. COCHRAN) was added as a cospon- from Oklahoma (Mr. NICKLES), the Sen- low income elderly persons, disabled sor of S. 2987, a bill to amend title ator from New York (Mr. SCHUMER), persons, and other families. XVIII of the Social Security Act to the Senator from Alabama (Mr. SES- S. 2747 promote access to health care services SIONS), the Senator from Oregon (Mr. At the request of Mr. L. CHAFEE, the in rural areas, and for other purposes. SMITH), the Senator from Pennsylvania name of the Senator from New Jersey S. 2997 (Mr. SPECTER), the Senator from Ar- (Mr. TORRICELLI) was added as a co- At the request of Mr. KERRY, the kansas (Mr. HUTCHINSON), the Senator sponsor of S. 2747, a bill to expand the name of the Senator from New York from Kentucky (Mr. BUNNING), the Sen- Federal tax refund intercept program (Mr. SCHUMER) was added as a cospon- ator from New Jersey (Mr. LAUTEN- to cover children who are not minors. sor of S. 2997, a bill to establish a Na- BERG), the Senator from Idaho (Mr. tional Housing Trust Fund in the S. 2781 CRAPO), the Senator from Pennsylvania Treasury of the United States to pro- At the request of Mr. LEAHY, the (Mr. SANTORUM), the Senator from Col- vide for the development of decent, name of the Senator from Arkansas orado (Mr. CAMPBELL), the Senator safe, and affordable housing for low-in- (Mrs. LINCOLN) was added as a cospon- from Delaware (Mr. BIDEN), the Sen- come families. sor of S. 2781, a bill to amend the Inter- ator from Massachusetts (Mr. KERRY), nal Revenue Code of 1986 to provide S. 3003 the Senator from Texas (Mrs. At the request of Mr. ASHCROFT, the that a deduction equal to fair market HUTCHISON), and the Senator from Mis- name of the Senator from Kansas (Mr. value shall be allowed for charitable sissippi (Mr. LOTT) were added as co- BROWNBACK) was added as a cosponsor contributions of literary, musical, ar- sponsors of S. Res. 342, a resolution of S. 3003, a bill to preserve access to tistic, or scholarly compositions cre- designating the week beginning Sep- outpatient cancer therapy services ated by the donor. tember 17, 2000, as ‘‘National Histori- under the medicare program by requir- S. 2841 cally Black Colleges and Universities ing the Health Care Financing Admin- Week.’’ At the request of Mr. ROBB, the name istration to follow appropriate proce- of the Senator from South Dakota (Mr. S. RES. 353 dures and utilize a formal nationwide At the request of Mr. HATCH, his JOHNSON) was added as a cosponsor of analysis by the Comptroller General of S. 2841, a bill to ensure that the busi- name was added as a cosponsor of S. the United States in making any Res. 353, a resolution designating Octo- ness of the Federal Government is con- changes to the rates of reimbursement ducted in the public interest and in a ber 20, 2000, as ‘‘National Mammog- for such services. raphy Day.’’ manner that provides for public ac- S. 3007 f countability, efficient delivery of serv- At the request of Mrs. FEINSTEIN, the ices, reasonable cost savings, and pre- names of the Senator from Nevada (Mr. NOTICES OF HEARINGS vention of unwarranted Government REID), the Senator from Illinois (Mr. COMMITTEE ON ENERGY AND NATURAL expenses, and for other purposes. DURBIN), and the Senator from Mon- RESOURCES S. 2858 tana (Mr. BAUCUS) were added as co- Mr. MURKOWSKI. Mr. President, I At the request of Mr. GRAMS, the sponsors of S. 3007, a bill to provide for would like to announce for the infor- name of the Senator from Minnesota measures in response to a unilateral mation of the Senate and the public (Mr. WELLSTONE) was added as a co- declaration of the existence of a Pales- that an oversight hearing has been sponsor of S. 2858, a bill to amend title tinian state. scheduled before the Committee on En- XVIII of the Social Security Act to en- S. 3020 ergy and Natural Resources. sure adequate payment rates for ambu- At the request of Mr. GRAMS, the The hearing will take place on lance services, to apply a prudent name of the Senator from Wyoming Wednesday, September 20, 2000 at 10:00

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8595 a.m. (immediately following the sched- tation of Alaska North Slope natural duct a hearing to receive testimony on uled markup) in room SD–366 of the gas to market and to investigate the the Draft Biological Opinions by the Dirksen Senate Office Building in cost, environmental aspects and energy National Marine Fisheries Service and Washington, DC. security implications to Alaska and U.S. Fish and Wildlife Service on the The purpose of this hearing is to re- the rest of the nation for alternative operation of the Federal Columbia ceive testimony on the current outlook routes and projects. River Power System and the Federal for supply of heating and transpor- The PRESIDING OFFICER. Without Caucus draft Basinwide Salmon Recov- tation fuels this winter. objection, it is so ordered. ery Strategy. For further information, please call COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without Dan Kish at (202) 224–8276 or Jo Meuse WORKS objection, it is so ordered. (202) 224–4756. Mr. BROWNBACK. Mr. President, I SUBCOMMITTEE ON INTERNATIONAL OPERATIONS SUBCOMMITTEE ON FORESTS AND PUBLIC LAND ask unanimous consent that the Com- Mr. BROWNBACK. Mr. President, I MANAGEMENT mittee on Environment and Public ask unanimous consent that the Sub- Mr. CRAIG. Mr. President, I would Works be authorized to meet during committee on International Operations like to announce for the public that a the session of the Senate on Thursday, of the Committee on Foreign Relations hearing has been scheduled before the September 14, at 9:30 a.m. to conduct be authorized to meet during the ses- Subcommittee on Forests and Public an informational hearing on the nomi- sion of the Senate on Thursday, Sep- Land Management of the Committee nation of Major General Robert B. tember 14, 2000, at 9:00 a.m. to hold a on Energy and Natural Resources. Flowers, nominated by the President hearing. The hearing will take place on Satur- to be Chief of Engineers, the Depart- The PRESIDING OFFICER. Without day, September 23, 2000 at 10:00 a.m. at ment of the Army. objection, it is so ordered. City Hall, 200 Main St., Salmon, Idaho. The PRESIDING OFFICER. Without SUBCOMMITTEE ON INTERNATIONAL SECURITY, The purpose of this hearing is to con- objection, it is so ordered. PROLIFERATION, AND FEDERAL SERVICES duct oversight on the Summer 2000 COMMITTEE ON INDIAN AFFAIRS Mr. THOMPSON. Mr. President, I ask wildfires. Mr. BROWNBACK. Mr. President, I unanimous consent that the Govern- Those who wish to submit written ask unanimous consent that the Com- mental Affairs Subcommittee on Inter- statements should write to the Com- mittee on Indian Affairs be authorized national Security, Proliferation, and mittee on Energy and Natural Re- to mark up the following bills in a Federal Services be authorized to meet sources, U.S. Senate, Washington, D.C. business meeting to be held directly during the session of the Senate on 20510. For further information, please following the hearing on S. 2899, a bill Thursday, September 14, 2000, at 11:00 call Mark Rey at (202) 224–6170. to express the policy of the United a.m. for a hearing on ‘‘The State of SUBCOMMITTEE ON FORESTS AND PUBLIC LAND States regarding the United States’ re- Foreign Language Capabilities in the MANAGEMENT lationship with Native Hawaiians, on Federal Government—Part I’’. Mr. CRAIG. Mr. President, I would September 14, 2000, at 3:30 p.m. in room The PRESIDING OFFICER. Without like to announce for the public that a 485 Senate Russell Office Building: S. objection, it is so ordered. hearing has been scheduled before the 1840, the California Indian Land Trans- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC PRESERVATION AND RECREATION Subcommittee on Forests and Public fer Act, and S. 2665, a bill to establish Mr. BROWNBACK. Mr. President, I Land Management of the Committee a streamlined process to enable the ask unanimous consent that the Sub- on Energy and Natural Resources. Navajo Nation to lease trust lands committee on National Parks, Historic The hearing will take place on Fri- without having to obtain the approval Preservation and Recreation of the day, September 22, 2000 at 2:00 p.m. at of the Secretary of the Interior of indi- Committee on Energy and Natural Re- Montana State University, Billings, in vidual leases, except leases for explo- sources be authorized to meet during the Petro Theater, 1500 N. 30th St., Bil- ration, development, or extraction of the session of the Senate on Thursday, lings, Montana. any mineral resources. These two bills September 14, at 2:30 p.m. to conduct a The purpose of this hearing is to con- for mark-up are in addition to the oth- hearing. The subcommittee will receive duct oversight on the Summer 2000 ers previously announced which were: testimony on S. 2749, a bill to establish wildfires. S. 2920, a bill to amend the Indian the California Trail Interpretive Cen- Those who wish to submit written Gaming Regulatory Act, S. 2688, a bill ter in Elko, Nevada, to facilitate the statements should write to the Com- to amend the Native American Lan- interpretation of the history of devel- mittee on Energy and Natural Re- guages Act, and S. 2899, a bill to ex- opment and use of trails in the settling sources, U.S. Senate, Washington, D.C. press the policy of the United States of the western portion of the United 20510. For further information, please regarding the United States’ relation- States; S. 2885, a bill to establish the call Mark Rey at (202) 224–6170. ship with Native Hawaiians. Jamestown 400th Commemoration f The PRESIDING OFFICER. Without objection, it is so ordered. Commission, and for other purposes; S. 2950, a bill to authorize the Secretary AUTHORITY FOR COMMITTEES TO COMMITTEE ON SMALL BUSINESS MEET of the Interior to establish the Sand Mr. BROWNBACK. Mr. President, I Creek Massacre National Historic Site COMMITTEE ON COMMERCE, SCIENCE AND ask unanimous consent that the Com- in the State of Colorado; S. 2959, a bill TRANSPORTATION mittee on Small Business be authorized to amend the Dayton Aviation Herit- Mr. BROWNBACK. Mr. President, I to meet during the session of the Sen- age Preservation Act of 1992, and for ask unanimous consent that the Com- ate on Thursday, September 14, 2000, other purposes; and S. 3000, a bill to au- mittee on Commerce, Science, and beginning at 1:00 p.m. in room 628 of thorize the exchange of land between Transportation be authorized to meet the Dirksen Senate Office Building to the Secretary of the Interior and the on Thursday, September 14, 2000, at 9:30 hold a hearing entitled ‘‘Slotting Fees: Director of the Central Intelligence a.m. on air traffic control. Are Family Farmers Fighting to Stay Agency at the George Washington Me- The PRESIDING OFFICER. Without on the Farm and in the Grocery morial Parkway in McLean, Virginia, objection, it is so ordered. Store?’’ and for other purposes. COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without RESOURCES objection, it is so ordered. objection, it is so ordered. Mr. BROWNBACK. Mr. President, I SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND f ask unanimous consent that the Com- WATER mittee on Energy and Natural Re- Mr. BROWNBACK. Mr. President, I PRIVILEGES OF THE FLOOR sources be authorized to meet during ask unanimous consent that the Sub- Mr. GRAHAM. Mr. President, I ask the session of the Senate on Thursday, committee on Fisheries, Wildlife, and unanimous consent that my commu- September 14 at 9:30 a.m. to conduct an Water be authorized to meet during the nications director, Kimberly James, be oversight hearing. The committee will session of the Senate on Thursday, accorded floor privileges for the re- receive testimony on the transpor- September 14, 2000, at 1:00 p.m. to con- mainder of my remarks.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8596 CONGRESSIONAL RECORD — SENATE September 14, 2000 Mr. REID. Mr. President, I ask unan- Road grant lands, which are managed pre- prove management of public lands and imous consent that Russ Holland, a fel- dominantly by the Bureau of Land Manage- waters. low in my office, be granted floor privi- ment were returned to Federal ownership in (b) PURPOSES.—The purposes of this Act leges during the consideration of H.R. 1916 and 1919 and now comprise approxi- are— mately 2,600,000 acres of Federal lands. (1) to stabilize and make permanent pay- 4444. (3) Congress recognized that, by its deci- ments to counties to provide funding for The PRESIDING OFFICER. Without sion to secure these lands in Federal owner- schools and roads; objection, it is so ordered. ship, the counties in which these lands are (2) to make additional investments in, and f situated would be deprived of revenues they create additional employment opportunities would otherwise receive if the lands were through, projects that improve the mainte- SECURE RURAL SCHOOLS AND held in private ownership. nance of existing infrastructure, implement COMMUNITY SELF-DETERMINA- (4) These same counties have expended stewardship objectives that enhance forest TION ACT OF 2000 public funds year after year to provide serv- ecosystems, and restore and improve land ices, such as education, road construction On September 13, 2000, the Senate health and water quality. Such projects shall and maintenance, search and rescue, law en- enjoy broad-based support with objectives amended and passed S. 1608, as follows: forcement, waste removal, and fire protec- that may include, but are not limited to— S. 1608 tion, that directly benefit these Federal (A) road, trail, and infrastructure mainte- Be it enacted by the Senate and House of Rep- lands and people who use these lands. nance or obliteration; resentatives of the United States of America in (5) To accord a measure of compensation to (B) soil productivity improvement; Congress assembled, the affected counties for the critical services (C) improvements in forest ecosystem they provide to both county residents and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. health; visitors to these Federal lands, Congress de- (a) SHORT TITLE.—This Act may be cited as (D) watershed restoration and mainte- termined that the Federal Government the ‘‘Secure Rural Schools and Community nance; should share with these counties a portion of Self-Determination Act of 2000’’. (E) restoration, maintenance and improve- the revenues the United States receives from ment of wildlife and fish habitat; (b) Table of Contents.—The table of con- these Federal lands. tents of this Act is as follows: (F) control of noxious and exotic weeds; (6) Congress enacted in 1908 and subse- and Sec. 1. Short title; table of contents. quently amended a law that requires that 25 (G) reestablishment of native species; and Sec. 2. Findings and purpose. percent of the revenues derived from Na- (3) to improve cooperative relationships Sec. 3. Definitions. tional Forest System lands be paid to States among the people that use and care for Fed- Sec. 4. Conforming amendment. for use by the counties in which the lands eral lands and the agencies that manage TITLE I—SECURE PAYMENTS FOR are situated for the benefit of public schools these lands. STATES AND COUNTIES CONTAINING and roads. SEC. 3. DEFINITIONS. FEDERAL LANDS (7) Congress enacted in 1937 and subse- quently amended a law that requires that 75 In this Act: Sec. 101. Determination of full payment (1) FEDERAL LANDS.—The term ‘‘Federal amount for eligible States and percent of the revenues derived from the re- vested and reconveyed grant lands be paid to lands’’ means— counties. the counties in which those lands are situ- (A) lands within the National Forest Sys- Sec. 102. Payments to States from National ated to be used as are other county funds, of tem, as defined in section 11(a) of the Forest Forest Service lands for use by which 50 percent is to be used as other coun- and Rangeland Renewable Resources Plan- counties to benefit public edu- ty funds. ning Act of 1974 (16 U.S.C. 1609(a)) exclusive cation and transportation. (8) For several decades primarily due to of the National Grasslands and land utiliza- Sec. 103. Payments to counties from Bureau the growth of the Federal timber sale pro- tion projects designated as National Grass- of Land Management lands for gram, counties dependent on and supportive lands administered pursuant to the Act of use to benefit public safety, law of these Federal lands received and relied on July 22, 1937 (7 U.S.C. 1010–1012); and enforcement, education, and increasing shares of these revenues to pro- (B) such portions of the revested Oregon other public purposes. vide funding for schools and road mainte- and California Railroad and reconveyed Coos TITLE II—SPECIAL PROJECTS ON nance. Bay Wagon Road grant lands as are or may FEDERAL LANDS (9) In recent years, the principal source of hereafter come under the jurisdiction of the Sec. 201. Definitions. these revenues, Federal timber sales, has Department of the Interior, which have here- Sec. 202. General limitation on use of been sharply curtailed and, as the volume of tofore or may hereafter be classified as project funds. timber sold annually from most of the Fed- timberlands, and power-site lands valuable Sec. 203. Submission of project proposals. eral lands has decreased precipitously, so too for timber, that shall be managed, except as Sec. 204. Evaluation and approval of projects have the revenues shared with the affected provided in section 1181c of title 43, United by Secretary concerned. counties. States Code, for permanent forest produc- Sec. 205. Resource advisory committees. (10) This decline in shared revenues has af- tion. Sec. 206. Use of project funds. fected educational funding and road mainte- (2) ELIGIBILITY PERIOD.—The term ‘‘eligi- Sec. 207. Availability of project funds. nance for many counties. bility period’’ means fiscal year 1986 through Sec. 208. Allocation of proceeds. (11) In the Omnibus Budget Reconciliation fiscal year 1999. Sec. 209. Termination of authority. Act of 1993, Congress recognized this trend (3) ELIGIBLE COUNTY.—The term ‘‘eligible and ameliorated its adverse consequences by county’’ means a county that received 50- TITLE III—COUNTY PROJECTS providing an alternative annual safety net percent payments for one or more fiscal Sec. 301. Definitions. payment to 72 counties in Oregon, Wash- years of the eligibility period or a county Sec. 302. Use of county funds. ington, and northern California in which that received a portion of an eligible State’s Sec. 303. Termination of authority. Federal timber sales had been restricted or 25-percent payments for one or more fiscal TITLE IV—MISCELLANEOUS PROVISIONS prohibited by administrative and judicial de- years of the eligibility period. The term in- Sec. 401. Authorization of appropriations. cisions to protect the northern spotted owl. cludes a county established after the date of Sec. 402. Treatment of funds and revenues. (12) The authority for these particular the enactment of this Act so long as the Sec. 403. Regulations. safety net payments is expiring and no com- county includes all or a portion of a county Sec. 404. Conforming amendments. parable authority has been granted for alter- described in the preceding sentence. native payments to counties elsewhere in the (4) ELIGIBLE STATE.—The term ‘‘eligible TITLE V—THE MINERAL REVENUE United States that have suffered similar State’’ means a State that received 25-per- PAYMENTS CLARIFICATION ACT OF 2000 losses in shared revenues from the Federal cent payments for one or more fiscal years of Sec. 501. Short title. lands and in the funding for schools and the eligibility period. Sec. 502. Findings. roads those revenues provide. (5) FULL PAYMENT AMOUNT.—The term ‘‘full Sec. 503. Amendment of the Mineral Leasing (13) There is a need to stabilize education payment amount’’ means the amount cal- Act. and road maintenance funding through pred- culated for each eligible State and eligible SEC. 2. FINDINGS AND PURPOSE. icable payments to the affected counties, job county under section 101. (a) FINDINGS.—The Congress finds the fol- creation in those counties, and other oppor- (6) 25-PERCENT PAYMENTS.—The term ‘‘25- lowing: tunities associated with restoration, mainte- percent payments’’ means the payments to (1) The National Forest System, which is nance, and stewardship of Federal lands. States required by the sixth paragraph under managed by the United States Forest Serv- (14) Both the Forest Service and the Bu- the heading of ‘‘FOREST SERVICE’’ in the ice, was established in 1907 and has grown to reau of Land Management face significant Act of May 23, 1908 as amended (16 U.S.C. include approximately 192,000,000 acres of backlogs in infrastructure maintenance and 500). Federal lands. ecosystem restoration that are difficult to (7) 50-PERCENT PAYMENTS.—The term ‘‘50- (2) The public domain lands known as re- address through annual appropriations. percent payments’’ means the payments that vested Oregon and California Railroad grant (15) There is a need to build new, and are the sum of the 50-percent share otherwise lands and the reconveyed Coos Bay Wagon strengthen existing, relationships and to im- paid to a county pursuant to title II of the

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8597 Act of August 28, 1937 (chapter 876; 50 Stat. to the extent of any shortfall, out of any (2) The payment to an eligible county 875; 43 U.S.C. 1181f), and the payment made funds in the Treasury not otherwise appro- under this subsection for a fiscal year shall to a county pursuant to the Act of May 24, priated. be derived from any revenues, fees, penalties, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f– (c) DISTRIBUTION AND EXPENDITURE OF PAY- or miscellaneous receipts, exclusive of depos- 1 et seq.). MENTS.— its to any relevant trust fund, or permanent (8) SAFETY NET PAYMENTS.—The term (1) DISTRIBUTION METHOD.—A State that re- operating funds, received by the Federal ‘‘safety net payments’’ means the special ceives a payment under subsection (b) shall Government from activities by the Bureau of payment amounts paid to States and coun- distribute the payment among all eligible Land Management on the Federal lands de- ties required by section 13982 or 13983 of the counties in the State in accordance with the scribed in section 3(1)(B) and to the extent of Omnibus Budget Reconciliation Act of 1993 Act of May 23, 1908, as amended. any shortfall, out of any funds in the Treas- (Public Law 103–66; 16 U.S.C. 500 note; 43 (2) EXPENDITURE PURPOSES.—Subject to ury not otherwise appropriated. U.S.C. 1181f note). subsection (d), payments received by a State (c) EXPENDITURE RULES FOR ELIGIBLE COUN- TIES.— SEC. 4. CONFORMING AMENDMENT. under subsection (b) and distributed to eligi- (1) IN GENERAL.—Of the funds to be paid to Section 6903(a)(1)(C) of title 31, United ble counties shall be expended as required by section 500 of title 16, United States Code. an eligible county pursuant to subsection States Code, is amended by adding after ‘‘(16 (b)— U.S.C. 500)’’ the following: ‘‘or the Secure (d) EXPENDITURE RULES FOR ELIGIBLE COUNTIES.— (A) not less than 80 percent but not more Rural Schools and Community Self-Deter- than 85 percent of the funds distributed to mination Act of 2000’’. (1) IN GENERAL.—If an eligible county elects to receive its share of the full pay- the eligible county shall be expended in the TITLE I—SECURE PAYMENTS FOR STATES ment amount— same manner in which the 50-percent pay- AND COUNTIES CONTAINING FEDERAL (A) not less than 80 percent but not more ments are required to be expended; and LANDS than 85 percent of the funds shall be ex- (B) at the election of an eligible county, SEC. 101. DETERMINATION OF FULL PAYMENT pended in the same manner in which the 25- the balance of the funds not expended pursu- AMOUNT FOR ELIGIBLE STATES AND percent payments are required to be ex- ant to subparagraph (A) shall— COUNTIES. pended; and (i) be reserved for projects in accordance (a) CALCULATION REQUIRED.— (B) at the election of an eligible county, with title II; (1) ELIGIBLE STATES.—For fiscal years 2001 the balance of the funds not expended pursu- (ii) be spent in accordance with title III; or through 2006, the Secretary of the Treasury ant to subparagraph (A) shall— (iii) be returned to the General Treasury in shall calculate for each eligible State that (i) be reserved for projects in accordance accordance with section 402(b). ISTRIBUTION OF FUNDS.—(A) Funds re- received a 25-percent payment during the eli- with title II; (2) D served by an eligible county under paragraph gibility period an amount equal to the aver- (ii) be spent in accordance with title III; or (1)(B)(i) shall be deposited in a special ac- age of the three highest 25-percent payments (iii) be returned to the General Treasury in count in the Treasury of the United States and safety net payments made to that eligi- accordance with section 402(b). and shall be available for expenditure by the ble State for the fiscal years of the eligi- (2) DISTRIBUTION OF FUNDS.—(A) Funds re- Secretary of the Interior, without further bility period. served by an eligible county under paragraph appropriation, and shall remain available (2) BUREAU OF LAND MANAGEMENT (BLM) (1)(B)(i) shall be deposited in a special ac- until expended in accordance with title II. COUNTIES.—For fiscal years 2001 through 2006, count in the Treasury of the United States (B) Funds reserved by an eligible county the Secretary of the Treasury shall calculate and shall be available for expenditure by the under paragraph (1)(B)(ii) shall be available for each eligible county that received a 50- Secretary of Agriculture, without further ap- for expenditure by the county and shall re- percent payment during the eligibility pe- propriation, and shall remain available until riod an amount equal to the average of the main available, until expended, in accord- expended in accordance with title II. ance with title III. three highest 50-percent payments and safety (B) Funds reserved by an eligible county net payments made to that eligible county (3) ELECTION.—An eligible county shall no- under paragraph (1)(B)(ii) shall be available tify the Secretary of the Interior of its elec- for the fiscal years of the eligibility period. for expenditure by the county and shall re- (b) ANNUAL ADJUSTMENT.—For each fiscal tion under this subsection not later than main available, until expended, in accord- September 30 of each fiscal year under sub- year in which payments are required to be ance with title III. made to eligible States and eligible counties section (b). If the eligible county fails to (3) ELECTION.— under this title, the Secretary of the Treas- make an election by that date, the county is (A) IN GENERAL.—An eligible county shall deemed to have elected to expend 85 percent ury shall adjust the full payment amount for notify the Secretary of Agriculture of its the previous fiscal year for each eligible of the funds received under subsection (b) in election under this subsection not later than the same manner in which the 50-percent State and eligible county to reflect 50 per- September 30 of each fiscal year. If the eligi- cent of the changes in the consumer price payments are required to be expended and ble county fails to make an election by that shall remit the balance to the Treasury of index for rural areas (as published in the Bu- date, the county is deemed to have elected to reau of Labor Statistics) that occur after the United States in accordance with section expend 85 percent of the funds to be received 402(b). publication of that index for fiscal year 2000. under subsection (b) in the same manner in SEC. 102. PAYMENTS TO STATES FROM NATIONAL TITLE II—SPECIAL PROJECTS ON which the 25-percent payments are required FEDERAL LANDS FOREST SYSTEM LANDS FOR USE BY to be expended, and shall remit the balance COUNTIES TO BENEFIT PUBLIC EDU- to the Treasury of the United States in ac- SEC. 201. DEFINITIONS. CATION AND TRANSPORTATION. In this title: cordance with section 402(b). (a) PAYMENT AMOUNTS.—The Secretary of (1) PARTICIPATING COUNTY.—The term ‘‘par- (B) COUNTIES WITH MINOR DISTRIBUTIONS.— the Treasury shall pay an eligible State the ticipating county’’ means an eligible county Notwithstanding any adjustment made pur- sum of the amounts elected under subsection that— suant to section 101 (b) in the case of each el- (b) by each eligible county for either— (A) receives Federal funds pursuant to sec- igible county to which less than $100,000 is (1) the 25-percent payment under the Act of tion 102(b)(1) or 103(b)(1); and distributed for any fiscal year pursuant to May 23, 1908, as amended (16 U.S.C. 500), or (B) elects under section 102(d)(1)(B)(i) or subsection (b), the eligible county may elect (2) the full payment amount in place of the 103(c)(1)(B)(i) to expend a portion of those to expend all such funds in accordance with 25-percent payment. funds in accordance with this title. subsection (c)(2). (b) ELECTION TO RECEIVE PAYMENT (2) PROJECT FUNDS.—The term ‘‘project AMOUNT.—(1) The election to receive either SEC. 103. PAYMENTS TO COUNTIES FROM BU- funds’’ means all funds an eligible county the full payment amount or the 25-percent REAU OF LAND MANAGEMENT elects under sections 102(d)(1)(B)(i) and LANDS FOR USE TO BENEFIT PUBLIC payment shall be made at the discretion of SAFETY, LAW ENFORCEMENT, EDU- 103(c)(1)(B)(i) to reserve for expenditure in each affected county and transmitted to the CATION, AND OTHER PUBLIC PUR- accordance with this title. Secretary by the Governor of a State. POSES. (3) RESOURCE ADVISORY COMMITTEE.—The (2) A county election to receive the 25-per- (a) PAYMENT.—The Secretary of the Treas- term ‘‘resource advisory committee’’ means cent payment shall be effective for two fiscal ury shall pay an eligible county either— an advisory committee established by the years. (1) the 50-percent payment under the Act of Secretary concerned under section 205, or de- (3) When a county elects to receive the full August 28, 1937, as amended (43 U.S.C. 1181f) termined by the Secretary concerned to payment amount, such election shall be ef- or the Act of May 24, 1939 (43 U.S.C. 1181f–1) meet the requirements of section 205. fective for all the subsequent fiscal years as appropriate, or (4) RESOURCE MANAGEMENT PLAN.—The through fiscal year 2006. (2) the full payment amount in place of the term ‘‘resource management plan’’ means a (4) The payment to an eligible State under 50-percent payment. land use plan prepared by the Bureau of this subsection for a fiscal year shall be de- (b) ELECTION TO RECEIVE PAYMENT Land Management for units of the Federal rived from any revenues, fees, penalties, or AMOUNT.—(1) The election to receive the full lands described in section 3(1)(B) pursuant to miscellaneous receipts, exclusive of deposits payment amount shall be made at the discre- section 202 of the Federal Land Policy and to any relevant trust fund, or special ac- tion of the county. Once the election is Management Act of 1976 (43 U.S.C. 1712) or a counts, received by the Federal Government made, it shall be effective for the fiscal year land and resource management plan prepared from activities by the Forest Service on the in which the election is made and all subse- by the Forest Service for units of the Na- Federal lands described in section 3(1)(A) and quent fiscal years through fiscal year 2006. tional Forest System pursuant to section 6

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8598 CONGRESSIONAL RECORD — SENATE September 14, 2000 of the Forest and Rangeland Renewable Re- improved the use of, or added value to, any project funds the Secretary concerned may sources Planning Act of 1974 (16 U.S.C. 1604). products removed from lands consistent with enter into contracts, grants, and cooperative (5) SECRETARY CONCERNED.—The term ‘‘Sec- the purposes of this Act. agreements with States and local govern- retary concerned’’ means the Secretary of (7) An assessment that the project is to be ments, private and nonprofit entities, and the Interior or his designee with respect to in the public interest. landowners and other persons to assist the the Federal lands described in section 3(1)(B) (c) AUTHORIZED PROJECTS.—Projects pro- Secretary in carrying out an approved and the Secretary of Agriculture or his des- posed under subsection (a) shall be con- project. ignee with respect to the Federal lands de- sistent with section 2(b). (2) BEST VALUE CONTRACTING.—For any scribed in section 3(1)(A). SEC. 204. EVALUATION AND APPROVAL OF project involving a contract authorized by PROJECTS BY SECRETARY CON- SEC. 202. GENERAL LIMITATION ON USE OF paragraph (1) the Secretary concerned may CERNED. PROJECT FUNDS. elect a source for performance of the con- (a) CONDITIONS FOR APPROVAL OF PROPOSED Project funds shall be expended solely on tract on a best value basis. The Secretary PROJECT.—The Secretary concerned may projects that meet the requirements of this concerned shall determine best value based make a decision to approve a project sub- on such factors as: title. Project funds may be used by the Sec- mitted by a resource advisory committee (A) The technical demands and complexity retary concerned for the purpose of entering under section 203 only if the proposed project of the work to be done. into and implementing cooperative agree- satisfies each of the following conditions: ments with willing Federal agencies, State (1) The project complies with all applicable (B) The ecological objectives of the project and local governments, private and nonprofit Federal laws and regulations. and the sensitivity of the resources being entities, and landowners for protection, res- (2) The project is consistent with the appli- treated. toration and enhancement of fish and wild- cable resource management plan and with (C) The past experience by the contractor life habitat, and other resource objectives any watershed or subsequent plan developed with the type of work being done, using the consistent with the purposes of this title on pursuant to the resource management plan type of equipment proposed for the project, Federal land and on non-Federal land where and approved by the Secretary concerned. and meeting or exceeding desired ecological projects would benefit these resources on (3) The project has been approved by the conditions. Federal land. resource advisory committee in accordance (D) The commitment of the contractor to SEC. 203. SUBMISSION OF PROJECT PROPOSALS. with section 205, including the procedures hiring highly qualified workers and local (a) SUBMISSION OF PROJECT PROPOSALS TO issued under subsection (e) of such section. residents. SECRETARY CONCERNED.— (4) A project description has been sub- (3) MERCHANTABLE MATERIALS SALES CON- (1) PROJECTS FUNDED USING PROJECT mitted by the resource advisory committee TRACTING PILOT PROJECTS. FUNDS.—Not later than September 30 for fis- to the Secretary concerned in accordance (A) ESTABLISHMENT.—The Secretary con- cal year 2001, and each September 30 there- with section 203. cerned shall establish a pilot program re- after for each succeeding fiscal year through (5) The project will improve the mainte- garding the sale of merchantable material fiscal year 2006, each resource advisory com- nance of existing infrastructure, implement under this title. Such a program shall ensure mittee shall submit to the Secretary con- stewardship objectives that enhance forest that, on an annual basis, no less than 75 per- cerned a description of any projects that the ecosystems, and restore and improve land cent of all projects involving merchantable resource advisory committee proposes the health and water quality. material shall be implemented using sepa- Secretary undertake using any project funds (b) ENVIRONMENTAL REVIEWS.— rate contracts for— reserved. (1) PAYMENT OF REVIEW COSTS.— (i) the harvesting or collection of mer- (2) PROJECTS FUNDED USING OTHER FUNDS.— (A) REQUEST FOR PAYMENT BY COUNTY.—The chantable material; and A resource advisory committee may submit Secretary concerned may request the re- (ii) the sale of such material. to the Secretary concerned a description of source advisory committee submitting a pro- (B) DURATION AND EXTENT.—(i) The Sec- any projects that the committee proposes posed project to agree to the use of project retary concerned shall ensure that, on an an- the Secretary undertake using funds from funds to pay for any environmental review, nual basis beginning in fiscal year 2001, no State or local governments, or from the pri- consultation, or compliance with applicable less than 75 percent of projects involving vate sector, other than project funds and environmental laws required in connection merchantable material shall be included in funds appropriated and otherwise available with the project. When such a payment is re- the pilot program. to do similar work. quested and the resource advisory committee (ii) Not later than September 30, 2003, the (3) JOINT PROJECTS.—Participating coun- agrees to the expenditure of funds for this General Accounting Office (GAO) shall sub- ties or other persons may propose to pool purpose, the Secretary concerned shall con- mit a report to the Senate Energy and Nat- project funds or other funds, described in duct environmental review, consultation, or ural Resources Committee, the House of Rep- paragraph (2), and jointly propose a project other compliance responsibilities in accord- resentatives Agriculture Committee and the or group of projects to a resource advisory ance with Federal law and regulations. House of Representatives Resources Com- committee established under section 205. (B) EFFECT OF REFUSAL TO PAY.—If a re- mittee assessing the pilot program. (b) REQUIRED DESCRIPTION OF PROJECTS.— source advisory committee does not agree to (iii) If the GAO determines that the pilot In submitting proposed projects to the Sec- the expenditure of funds under subparagraph program is ineffective at that time, then the retary concerned under subsection (a), a re- (A), the project shall be deemed withdrawn Secretary concerned shall ensure that, on an source advisory committee shall include in from further consideration by the Secretary annual basis beginning in fiscal year 2004, no the description of each proposed project the concerned pursuant to this title. Such a less than 50 percent of projects involving following information: withdrawal shall be deemed to be a rejection merchantable material shall be implemented of the project for purposes of section 207(c). (1) The purpose of the project and a de- using separate contracts. (c) DECISIONS OF SECRETARY CONCERNED.— scription of how the project will meet the (f) REQUIREMENTS FOR PROJECT FUNDS.— (1) REJECTION OF PROJECTS.—A decision by The Secretary shall ensure that at least 50 purposes of this Act. the Secretary concerned to reject a proposed (2) The anticipated duration of the project. percent of all project funds be used for project shall be at the Secretary’s sole dis- projects that are primarily dedicated to the (3) The anticipated cost of the project. cretion. Notwithstanding any other provi- (4) The proposed source of funding for the following purposes— sion of law, a decision by the Secretary con- (1) road maintenance, decommissioning or project, whether project funds or other cerned to reject a proposed project shall not funds. obliteration; and be subject to administrative appeal or judi- (2) restoration of streams and watersheds. (5) Expected outcomes, including how the cial review. Within 30 days after making the project will meet or exceed desired ecologi- rejection decision, the Secretary concerned SEC. 205. RESOURCE ADVISORY COMMITTEES. cal conditions, maintenance objectives, or shall notify in writing the resource advisory (a) ESTABLISHMENT AND PURPOSE OF RE- stewardship objectives, as well as an esti- committee that submitted the proposed SOURCE ADVISORY COMMITTEES.— mation of the amount of any timber, forage, project of the rejection and the reasons for (1) ESTABLISHMENT.—The Secretary con- and other commodities and other economic rejection. cerned shall establish and maintain resource activity, including jobs generated, if any, an- (2) NOTICE OF PROJECT APPROVAL.—The Sec- advisory committees to perform the duties ticipated as part of the project. retary concerned shall publish in the Federal in subsection (b), except as provided in para- (6) A detailed monitoring plan, including Register notice of each project approved graph (4). funding needs and sources, that tracks and under subsection (a) if such notice would be (2) PURPOSE.—The purpose of a resource ad- identifies the positive or negative impacts of required had the project originated with the visory committee shall be to improve col- the project, implementation, and provides Secretary. laborative relationships and to provide ad- for validation monitoring. The monitoring (d) SOURCE AND CONDUCT OF PROJECT.— vice and recommendations to the land man- plan shall include an assessment of the fol- Once the Secretary concerned accepts a agement agencies consistent with the pur- lowing: Whether or not the project met or project for review under section 203, it shall poses of this Act. exceeded desired ecological conditions; cre- be deemed a Federal action for all purposes. (3) ACCESS TO RESOURCE ADVISORY COMMIT- ated local employment or training opportu- (e) IMPLEMENTATION OF APPROVED TEES.—To ensure that each unit of Federal nities, including summer youth jobs pro- PROJECTS.— land has access to a resource advisory com- grams such as the Youth Conservation Corps (1) COOPERATION.—Notwithstanding chap- mittee, and that there is sufficient interest where appropriate; and whether the project ter 63 of title 31, United States Code, using in participation on a committee to ensure

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8599

that membership can be balanced in terms of (C) 5 persons who— (b) TRANSFER OF PROJECT FUNDS.— the points of view represented and the func- (i) hold State elected office or their des- (1) INITIAL TRANSFER REQUIRED.—As soon as tions to be performed, the Secretary con- ignee; practicable after the agreement is reached cerned may, establish resource advisory (ii) hold county or local elected office; under subsection (a) with regard to a project committees for part of, or one or more, units (iii) represent American Indian tribes to be funded in whole or in part using project of Federal lands. within or adjacent to the area for which the funds, or other funds described in section (4) EXISTING ADVISORY COMMITTEES.—Exist- committee is organized; 203(a)(2), the Secretary concerned shall ing advisory committees meeting the re- (iv) are school officials or teachers; or transfer to the applicable unit of National quirements of this section may be deemed by (v) represent the affected public at large. Forest System lands or BLM District an the Secretary concerned, as a resource advi- (3) BALANCED REPRESENTATION.—In ap- amount of project funds equal to— sory committee for the purposes of this title. pointing committee members from the three (A) in the case of a project to be completed The Secretary of the Interior may deem a re- categories in paragraph (2), the Secretary in a single fiscal year, the total amount source advisory committee meeting the re- concerned shall provide for balanced and specified in the agreement to be paid using quirements of part 1780, subpart 1784 of title broad representation from within each cat- project funds, or other funds described in 43, Code of Federal Regulations, as a re- egory. section 203(a)(2); or source advisory committee for the purposes (4) GEOGRAPHIC DISTRIBUTION.—The mem- (B) in the case of a multiyear project, the of this title. bers of a resource advisory committee shall amount specified in the agreement to be paid (b) DUTIES.—A resource advisory com- reside within the State in which the com- using project funds, or other funds described mittee shall— mittee has geographic jurisdiction. in section 203(a)(2) for the first fiscal year. (1) review projects proposed under this (5) CHAIRPERSON.—A majority on each re- (2) CONDITION ON PROJECT COMMENCEMENT.— title and under title III by participating source advisory committee shall select the The unit of National Forest System lands or counties and other persons; chairperson of the committee. BLM District concerned, shall not commence (2) propose projects and funding to the Sec- (e) APPROVAL PROCEDURES.—(1) Subject to a project until the project funds, or other retary concerned under section 203 and to paragraph (2), each resource advisory com- funds described in section 203(a)(2) required the participating county under title III; mittee shall establish procedures for pro- to be transferred under paragraph (1) for the (3) provide early and continuous coordina- posing projects to the Secretary concerned project, have been made available by the tion with appropriate land management under this title and the participating county Secretary concerned. agency officials in recommending projects under title III. A quorum must be present to (3) SUBSEQUENT TRANSFERS FOR MULTIYEAR consistent with purposes of this Act under constitute an official meeting of the com- PROJECTS.—For the second and subsequent this title and title III; and mittee. fiscal years of a multiyear project to be (4) provide frequent opportunities for citi- (2) A project may be proposed by a resource funded in whole or in part using project zens, organizations, tribes, land management advisory committee to the Secretary con- funds, the unit of National Forest System agencies, and other interested parties to par- cerned under section 203(a), or to the partici- lands or BLM District concerned shall use ticipate openly and meaningfully, beginning pating county under section 302, if it has the amount of project funds required to con- at the early stages of the project develop- been approved by a majority of members of tinue the project in that fiscal year accord- ment process under this title and title III. (c) APPOINTMENT BY THE SECRETARY.— the committee from each of the three cat- ing to the agreement entered into under sub- (1) APPOINTMENT AND TERM.—The Secretary egories in subsection (d)(2). section (a). The Secretary concerned shall concerned, shall appoint the members of re- (f) OTHER COMMITTEE AUTHORITIES AND RE- suspend work on the project if the project source advisory committees for a term of 3 QUIREMENTS.— funds required by the agreement in the sec- years beginning on the date of appointment. (1) STAFF ASSISTANCE.—A resource advisory ond and subsequent fiscal years are not The Secretary concerned may reappoint committee may submit to the Secretary con- available. members to subsequent 3-year terms. cerned a request for periodic staff assistance SEC. 207. AVAILABILITY OF PROJECT FUNDS. from Federal employees under the jurisdic- (2) BASIC REQUIREMENTS.—The Secretary (a) SUBMISSION OF PROPOSED PROJECTS TO tion of the Secretary. concerned shall ensure that each resource OBLIGATE FUNDS.—By September 30 of each (2) MEETINGS.—All meetings of a resource advisory committee established meets the fiscal year through fiscal year 2006, a re- advisory committee shall be announced at requirements of subsection (d). source advisory committee shall submit to least one week in advance in a local news- (3) INITIAL APPOINTMENT.—The Secretary the Secretary concerned pursuant to section paper of record and shall be open to the pub- concerned shall make initial appointments 203(a)(1) a sufficient number of project pro- lic. to the resource advisory committees not posals that, if approved, would result in the (3) RECORDS.—A resource advisory com- later than 180 days after the date of the en- obligation of at least the full amount of the mittee shall maintain records of the meet- actment of this Act. project funds reserved by the participating ings of the committee and make the records (4) VACANCIES.—The Secretary concerned county in the preceding fiscal year. available for public inspection. shall make appointments to fill vacancies on (b) USE OR TRANSFER OF UNOBLIGATED SEC. 206. USE OF PROJECT FUNDS. any resource advisory committee as soon as FUNDS.—Subject to section 209, if a resource practicable after the vacancy has occurred. (a) AGREEMENT REGARDING SCHEDULE AND advisory committee fails to comply with (5) COMPENSATION.—Members of the re- COST OF PROJECT.— subsection (a) for a fiscal year, any project source advisory committees shall not receive (1) AGREEMENT BETWEEN PARTIES.—The funds reserved by the participating county in any compensation. Secretary concerned may carry out a project the preceding fiscal year and remaining un- (d) COMPOSITION OF ADVISORY COMMITTEE.— submitted by a resource advisory committee obligated shall be available for use as part of (1) NUMBER.—Each resource advisory com- under section 203(a) using project funds or the project submissions in the next fiscal mittee shall be comprised of 15 members. other funds described in section 203(a)(2), if, year. (2) COMMUNITY INTERESTS REPRESENTED.— as soon as practicable after the issuance of a (c) EFFECT OF REJECTION OF PROJECTS.— Committee members shall be representative decision document for the project and the ex- Subject to section 209, any project funds re- of the interests of the following three cat- haustion of all administrative appeals and served by a participating county in the pre- egories: judicial review of the project decision, the ceding fiscal year that are unobligated at the (A) 5 persons who— Secretary concerned and the resource advi- end of a fiscal year because the Secretary (i) represent organized labor; sory committee enter into an agreement ad- concerned has rejected one or more proposed (ii) represent developed outdoor recreation, dressing, at a minimum, the following: projects shall be available for use as part of off highway vehicle users, or commercial (A) The schedule for completing the the project submissions in the next fiscal recreation activities; project. year. (iii) represent energy and mineral develop- (B) The total cost of the project, including (d) EFFECT OF COURT ORDERS.—If an ap- ment interests; the level of agency overhead to be assessed proved project under this Act is enjoined or (iv) represent the commercial timber in- against the project. prohibited by a Federal court, the Secretary dustry; or (C) For a multiyear project, the estimated concerned shall use unobligated project (v) hold Federal grazing permits, or other cost of the project for each of the fiscal years funds related to that project in the partici- land use permits within the area for which in which it will be carried out. pating county or counties that reserved the the committee is organized. (D) The remedies for failure of the Sec- funds. The returned funds shall be available (B) 5 persons representing— retary concerned to comply with the terms for the county to expend in the same manner (i) nationally recognized environmental or- of the agreement consistent with current as the funds reserved by the county under ganizations; Federal law. section 102(d)(1)(B) or 103(c)(1)(B), whichever (ii) regionally or locally recognized envi- (2) LIMITED USE OF FEDERAL FUNDS.—The applies to the funds involved. ronmental organizations; Secretary concerned may decide, at the Sec- (iii) dispersed recreational activities; retary’s sole discretion, to cover the costs of SEC. 208. ALLOCATION OF PROCEEDS. (iv) archeological and historical interests; a portion of an approved project using Fed- The proceeds from any joint project under or eral funds appropriated or otherwise avail- section 203(a)(3) using both Federal and non- (v) nationally or regionally recognized wild able to the Secretary for the same purposes Federal funds shall be equitably divided be- horse and burro interest groups. as the project. tween the Treasury of the United States and

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8600 CONGRESSIONAL RECORD — SENATE September 14, 2000 the non-Federal funding source in direct pro- TITLE IV—MISCELLANEOUS PROVISIONS SEC. 503. AMENDMENT OF THE MINERAL LEAS- ING ACT. portion to the contribution of funds to the SEC. 401. AUTHORIZATION OF APPROPRIATIONS. overall cost of the project. Section 35(b) of the Mineral Leasing Act There are hereby authorized to be appro- (30 U.S.C. sec. 191(b)) is amended to read as SEC. 209. TERMINATION OF AUTHORITY. priated such sums as may be necessary to follows: ‘‘(b) In determining the amount of The authority to initiate projects under carry out this Act for fiscal years 2001 payments to the States under this section, this title shall terminate on September 30, through 2006. the amount of such payments shall not be re- 2006. Any project funds not obligated by Sep- SEC. 402. TREATMENT OF FUNDS AND REVENUES. duced by any administrative or other costs tember 30, 2007, shall be deposited in the (a) Funds appropriated pursuant to the au- incurred by the United States.’’. Treasury of the United States. thorization of appropriations in section 401 Mr. DORGAN. Mr. President, I ask TITLE III—COUNTY PROJECTS and funds made available to a Secretary con- cerned under section 206 shall be in addition unanimous consent to speak in morn- SEC. 301. DEFINITIONS. to any other annual appropriations for the ing business for as much time as I con- In this title: Forest Service and the Bureau of Land Man- sume. (1) PARTICIPATING COUNTY.—The term ‘‘par- agement. The PRESIDING OFFICER. Without ticipating county’’ means an eligible county (b) All revenues generated from projects objection, it is so ordered. that— pursuant to title II, any funds remitted by f (A) receives Federal funds pursuant to sec- counties pursuant to section 102(d)(1)(B) or tion 102(b)(1) or 103(b)(1); and section 103(c)(1)(B), and any interest accrued PRESCRIPTION DRUG BENEFIT (B) elects under section 102(d)(1)(B)(ii) or from such funds shall be deposited in the Mr. DORGAN. Mr. President, my col- 103(c)(1)(B)(ii) to expend a portion of those Treasury of the United States. league from Nevada, Senator REID, and funds in accordance with this title. SEC. 403. REGULATIONS. I were discussing some dialog that had (2) COUNTY FUNDS.—The term ‘‘county The Secretaries concerned may jointly funds’’ means all funds an eligible county taken place on the floor of the Senate issue regulations to carry out the purposes earlier today, and we wanted to visit a elects under sections 102(d)(1)(B)(ii) and of this Act. 103(c)(1)(B)(ii) to reserve for expenditure in bit about the issue of a prescription SEC. 404. CONFORMING AMENDMENTS. accordance with this title. drug benefit for the Medicare program. Sections 13982 and 13983 of the Omnibus We are in session in this 106th Con- SEC. 302. USE OF COUNTY FUNDS. Budget Reconciliation Act of 1993 (Public gress perhaps only another 4 or 5 weeks (a) LIMITATION OF COUNTY FUND USE.— Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. 1181f County funds shall be expended solely on note) are repealed. at the outset, and much is left to be projects that meet the requirements of this TITLE V—THE MINERAL REVENUE done prior to the adjournment of this title and section 205 of this Act; except that: PAYMENTS CLARIFICATION ACT OF 2000 Congress. The projects shall be approved by the par- One of the issues that most people SEC. 501. SHORT TITLE. ticipating county rather than the Secretary This title may be cited as the ‘‘Mineral think is very important to the Amer- concerned. Revenue Payments Clarification Act of ican people is for this Congress to add (b) AUTHORIZED USES.— 2000’’. a prescription drug benefit to the Medi- (1) SEARCH, RESCUE, AND EMERGENCY SERV- SEC. 502. FINDINGS. care program. Almost everyone in this ICES.—An eligible county or applicable sher- country now understands that the price iff’s department may use these funds as re- The Congress finds the following: imbursement for search and rescue and other (1) Subtitle C of title X of the Omnibus of prescription drugs is moving up very emergency services, including fire fighting, Budget Reconciliation Act of 1993 (Public quickly. Last year, the price of pre- performed on Federal lands and paid for by Law 103–66) changed the sharing of onshore scription drugs increased very rapidly. the county. mineral revenues and revenues from geo- In fact, the cost of prescription drugs thermal steam from a 50:50 split between the (2) COMMUNITY SERVICE WORK CAMPS.—An last year alone, because of increased eligible county may use these funds as reim- Federal Government and the States to a complicated formula that entailed deducting utilization, price inflation and other bursement for all or part of the costs in- things, increased 16 percent. curred by the county to pay the salaries and from the State share of leasing revenues ‘‘50 percent of the portion of the enacted appro- The senior citizens in this country benefits of county employees who supervise are 12 percent of our country’s popu- adults or juveniles performing mandatory priations of the Department of the Interior community service on Federal lands. and any other agency during the preceding lation but consume one-third of all the fiscal year allocable to the administration of (3) EASEMENT PURCHASES.—An eligible prescription drugs in America. Senior county may use these funds to acquire— all laws providing for the leasing of any on- citizens are at a point in their lives (A) easements, on a willing seller basis, to shore lands or interest in land owned by the where they have reached declining and provide for nonmotorized access to public United States for the production of the same diminished income years and they are types of minerals leasable under this Act or lands for hunting, fishing, and other rec- least able, in many cases, to be able to reational purposes; of geothermal steam, and to enforcement of such laws . . .’’. afford to pay increasing prescription (B) conservation easements; or drug prices. (C) both. (2) There is no legislative record to suggest a sound public policy rationale for deducting There are a range of issues with pre- (4) FOREST RELATED EDUCATIONAL OPPORTU- prior-year administrative expenses from the NITIES.—A county may use these funds to es- scription drugs. I talked about some of tablish and conduct forest-related after sharing of current-year receipts, indicating these in this Chamber before. There are school programs. that this change was made primarily for wild price variations. The same drug in budget scoring reasons. (5) FIRE PREVENTION AND COUNTY PLAN- the same bottle made by the same com- (3) The system put in place by this change NING.—A county may use these funds for— in law has proved difficult to administer and pany is being sold in Canada for a (A) efforts to educate homeowners in fire- tenth of the price that it is sold to a sensitive ecosystems about the consequences has given rise to disputes between the Fed- eral Government and the States as to the na- consumer in the United States. of wildfires and techniques in home siting, The other day I held up two pill bot- home construction, and home landscaping ture of allocable expenses. Federal account- that can increase the protection of people ing systems have proven to be poorly suited tles of medicine on the floor of the and property from wildfires; and to breaking down administrative costs in the Senate—exact same medicine, made by (B) planning efforts to reduce or mitigate manner required by the law. Different Fed- the same company, put in the same the impact of development on adjacent Fed- eral agencies implementing this law have bottle, shipped to two different phar- eral lands and to increase the protection of used varying methodologies to identify allo- macies, one in the U.S. and one in Can- people and property from wildfires. cable costs, resulting in an inequitable dis- tribution of costs during fiscal years 1994 ada. One was priced three times higher (6) COMMUNITY FORESTRY.—A county may through 1996. In November 1997, the Inspector than the other. Guess which. The U.S. use these funds towards non-Federal cost- consumer was asked to pay three times share provisions of section 9 of the Coopera- General of the Department of the Interior tive Forestry Assistance Act (Public Law 95– found that ‘‘the congressionally approved more than the Canadian consumer for 313). method for cost sharing deductions effective the same prescription drug. That is one in fiscal year 1997 may not accurately com- issue. SEC. 303. TERMINATION OF AUTHORITY. pute the deductions’’. There is a second issue changing or The authority to initiate projects under (4) Given the lack of a substantive ration- altering the Medicare program to add a this title shall terminate on September 30, ale for the 1993 change in law and the com- 2006. Any county funds not obligated by Sep- plexity and administrative burden involved, prescription drug benefit to the Medi- tember 30, 2007 shall be available to be ex- a return to the sharing formula prior to the care program. There is no question pended by the county for the uses identified enactment of the Omnibus Budget Reconcili- that if the Medicare program were in section 302(b). ation Act of 1993 is justified. being written today instead of the

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8601 early 1960s it would include a benefit the Health Insurance Association and Mr. DORGAN. I say to my colleague for prescription drugs. Many of the life- others who say it won’t work—I am from Nevada, we do not have an an- saving prescription drugs that are now talking about the plan proposed by the swer, except I presume it is probably available were not available then. majority party—it doesn’t work at all. fairly simple: It is about profits. The We clearly should add a prescription But to have them come to the floor of companies that manufacture prescrip- drug benefit to the Medicare program. the Senate calling our desire to add an tion drugs have a manufacturing plant, We have proposed, the President has optional prescription drug benefit to and they produce those drugs in the proposed, and the Vice President has the Medicare program some sort of plant, and they put them in a bottle proposed a plan that would provide an Government scheme doesn’t wash. We and put a piece of cotton on top, and optional and an affordable prescription are trying to do something that we they seal it up, and they ship it off. drug benefit available to senior citi- think is thoughtful, we think is nec- They will ship a bottle to Grand Forks, zens to try to help them cover the cost essary, and we think most senior citi- ND; they will ship a bottle to Reno, of their needed prescription drugs. zens will take advantage of on an op- NV; and they will ship a bottle to Earlier today we had Members of the tional basis because they understand Pittsburgh, PA. Then they will ship a Senate talk about this being a big Gov- the price of prescription drugs con- bottle to Winnipeg, Canada, and into ernment scheme. It is no more a tinues its relentless increase year after Brussels or Paris, and they price it. scheme than the Medicare program. year after year. They say the U.S. consumers will pay The Medicare program is not a scheme We have people who have never sup- the highest prices of anybody in the at all. It is something this Congress did ported the Medicare program. They world for the same pill in the same bot- over the objections of those who al- don’t talk about it, but they have tle; we will charge the American con- ways object to anything that is new. never supported it, never liked it. It is sumer triple, in some cases 10 times, We have a few in this Chamber. It has the same people who don’t like to add what we charge others. Why? Because been done for two centuries. No matter a prescription drug benefit to the pro- they can. Why? Because they want to. what it is, they say: We object. gram. They say: Gee, we have financial The pharmaceutical industry has The Medicare program was developed problems with Medicare. profits the Wall Street Journal says in the early 1960s at a time when one- Do you know what our problems are are the ‘‘envy of the world.’’ I want half of the senior citizens in America with Medicare and Social Security? them to succeed. I appreciate the work had no health care coverage at all. We Our problems are success. People are in developing new drugs. But a lot of proposed a Medicare program. Now 99 living longer. In the year 1900, people work in the development of new drugs percent of the senior citizens have in this country were expected to live to is publicly funded by us, through the health care coverage. be 48 years of age; a century later, peo- National Institutes of Health and other Do you know of any insurance com- ple are expected to live to almost 78 scientific research. panies that are going around America years of age. In one century, we have I want them to be successful. I don’t, saying: You know what we would like increased the life expectancy nearly 30 however, want a pricing policy that to do is provide unlimited health care years. That is success. says to the U.S. consumer, you pay the insurance to people who have reached Does that put some strains on the highest prices for drugs of anybody in the retirement years? We think it is Medicare program and Social Security the world. It is not fair. And too many going to be a good business proposition program because people are living of our consumers—especially senior to find those who are in their 60s, 70s, longer? Yes. But of course that strain citizens—have reached that stage in and 80s and provide health insurance is born of success. This isn’t something life where, with a diminished income, because we think that is really going to be concerned about; it is something they cannot afford it. to be profitable. It is not the case. to be proud of. People are living longer One of the results of the unfairness of That is why 40 years ago half the sen- and better lives, and part of that is be- all of this and one of the results of not ior citizens couldn’t afford to buy cause of the Medicare program. We having a prescription drug benefit in health insurance. That is why there ought to improve that program by add- the Medicare program is this: Three was a need for the Medicare program. ing the prescription drug benefit to women who suffer from breast cancer We not only have a Medicare program, that program now, in this Congress, in are all seeing the same doctor and the and one that works, but we now need to the remaining 4 weeks. improve it by offering a prescription I am happy to yield to my colleague doctor prescribes tamoxifen. Two of drug benefit. When we do, the same from the State of Nevada. the women say: I can’t possibly afford tired, hollow voices of the past emerge Mr. REID. I say to my friend from it; I have no money. The third, who in this Chamber to say: You know what North Dakota that I, along with my can, says: I will purchase my dose of they are proposing is some sort of Gov- constituents from the State of Nevada, tamoxifen, and we will divide it into ernment scheme. appreciate the Senator being able to three, and we will each take a third of It is not a scheme. It is not a scheme articulate the problems with the cost a dose. at all. It is an attempt to strengthen a of prescription drugs. The Senator has Or the woman, a senior citizen in program that every senior citizen in been on this floor with visual aids Dickinson, the doctor testified before a this country knows is valuable to them showing how much a drug costs, the hearing, suffered breast cancer, had a and their neighbors. That is what this cost of a prescription being filled in mastectomy. The doctor said: Here’s is. Canada and the cost in America. There the prescription drug you must take in Most Members of the Senate under- is a 300- to 400-percent difference in order to reduce your chances of a re- stand that we ought to do this. Some some of those medications. These are currence of breast cancer. The woman who understand it ought to be done, lifesaving drugs, drugs that make lives said: Doctor, I can’t possibly do that; I don’t want to do it through the Medi- more comfortable. It makes people’s can’t possibly afford that prescription care program and are proposing we pro- live bearable. drug. I will just take my chances with vide some stimulus for the private in- No one in the Congress has done a the recurrence of breast cancer. surance companies to offer some sort of better job of suggesting and showing The point is that senior citizens prescription drug benefit. But the pri- the American people how unfair it is across this country understand, be- vate insurance companies come to our that the United States—the inventor, cause their doctor has told them the office and say: We won’t be able to the manufacturer, the developer of drugs they need to try to deal with offer this benefit; we would be required these prescription drugs—why in the their disease and try to improve their to charge senior citizens $1,100 for world do we, the country that devel- lives, all too often they cannot afford $1,000 worth of benefit for prescription oped the drugs, why do the people from it. drugs. They say: We are not going to Nevada and North Dakota and every In hearing after hearing I have held, offer it; it doesn’t add up; we won’t do place in between, why do we pay more I have heard from senior citizens who it. That is what the U.S. executives than the people in Canada, Mexico, and say: My druggist is in my grocery say. other places in the world? store. The pharmacy is in the back of I am happy to bring out a chart, as I We don’t have an answer to that, do the store. When I go to the grocery did the other day, to quote the head of we? store, I must go to the back of the

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8602 CONGRESSIONAL RECORD — SENATE September 14, 2000 store first because that is where I buy This is exactly what we hear on the tell Congress that they don’t want a subsidy, my prescription drug. Only then do I radio advertisements and the television but this is one of them. know how much I have left for food. advertisements that are paid for by the I take just another minute or two of In State after State, I heard that health care industry. They want the my friend’s time. message. It is not unusual. American people to think that the pro- The GOP plan subsidizes insurance compa- That is why this is such an important gram the Democrats are propounding is nies, not Medicare beneficiaries. Health in- issue, both with respect to inter- a big government plan. There could be surance companies continue to say the Re- national pricing and the unfairness of nothing further from the truth. publican plan is unworkable. asking the American consumer to pay What does this have to do with big The majority tries to give this to the the highest prices in the world for government? A woman by the name of insurance industry, but the insurance these prescription drugs, but also in Gail Rattigan, from Henderson, NV industry doesn’t want it because it terms of whether we add a prescription writes: won’t work. drug benefit to the Medicare program. I am a registered nurse who recently cared Charles Kahn, President of the We have proposed that. What has for an 82-year-old woman who tried to com- Health Insurance Association of Amer- happened is we have people dragging mit suicide because she couldn’t afford the ica, has stated: their feet here in the Congress. While medications her doctor told her were nec- . . . we continue to believe the concept of they don’t want to be against it, they essary to prevent a stroke. It would be much the so-called drug-only private insurance understand we should do it; neither do more cost effective for the Government to simply would not work in practice. they really want to do it in the Medi- pay for medications that prevent more seri- I don’t know of an insurance company that care program, because they have never ous illnesses and expensive hospitalizations. would offer a drug-only policy like that or believed that was a very good program These include but are not limited to blood even consider it. and it was a program pretty much re- pressure medications, anti-stroke Mr. President, I say to my friend anticoagulants, and cholesterol medications. from North Dakota, we know there sisted by those would resist every- The government’s current policy of paying thing, as I said. for medications only in the hospital is back- needs to be something done about the Mr. REID. Will the Senator yield? ward. Get into health promotion and disease high cost of prescription drugs. Mr. DORGAN. I yield. promotion and save money. No. 2, we know there has to be some- Mr. REID. I carry in my wallet, and This is a registered nurse from Hen- thing done with Medicare to help sen- I have pulled it out on occasion—it is derson, NV. ior citizens of this country be able to pretty worn and tattered—some quotes I want everyone on the majority side afford prescription drugs. That is all just confirming what my friend from we are saying. And we want everyone North Dakota said about how people on to know they are not going to be able to come over and make these state- to know the program put forth by the the majority feel about Medicare. minority is a program that helps senior Let me read some direct quotes: ‘‘I ments as if there is no opposition to it. What my friend from Tennessee says is citizens. It is not something that is was there fighting the fight, 1 of 12, means tested, but a program that helps voting against Medicare because we wrong. He states he has gotten all of these letters saying: I am against the all senior citizens, not people who knew it wouldn’t work in 1965.’’ Sen- make less than $12,000 a year. It is a ator Robert Dole. He, as one of the big government plan. That is because of the radio and TV program that is essential. It is essen- leaders of the Republican Party, op- tial because people, as we speak, such posed it in 1965. I am sure he still op- advertisements from the powerful health insurance industry. But the real as Gail Rattigan, who is a registered poses it. nurse, who wrote to me, write that peo- We don’t have to look at Senator people are like the 82-year-old woman who wanted to commit suicide because ple are considering suicide. If they are Dole, even though I think he is one of to take one pill a day, they are split- the patriarchs of the Republican Party. she couldn’t get medication. Also, I want to spread across this ting them in two; they are asking if Let’s look at one of the present lead- they can get half a prescription filled ICK ARMEY: ‘‘Medicare has no record that my friend from Tennessee, ers, D because they simply can’t afford it. We place in a free world. Social Security is who came and said, ‘‘We need the Re- need to change that. a rotten trick, and I think we are going publican plan,’’ makes the statement that he wants to involve Senator Mr. DORGAN. Mr. President, some to have to bite the bullet on Social Se- weeks ago I was attending a meeting in BREAUX in this. curity and phase it out over time.’’ North Dakota dealing with farm issues. This is the House majority leader, DICK The majority can’t have it both ways. They either support the Bush An elderly woman came to the meet- ARMEY. ing. She sat quietly, said nothing. At What my friend from North Dakota plan, the plan of the person running for the end of the meeting, after everyone has said is right: The majority has the President of the United States on else had pretty much left, we had shak- never felt good about Medicare. the Republican ticket, or they don’t As my friend has said, in 1965 when support the nominee. It appears what en hands with a number of them, she Medicare came into being, there really my friend from Tennessee is doing is came over to me. She was very quiet. wasn’t a need for prescription drugs be- trying to have it both ways because the She grabbed my arm and she said: cause prescription drugs were in their Senator from Louisiana does not sup- I just want to talk to you for a moment about prescription drug prices. infancy and it didn’t matter the vast port Governor Bush’s plan. majority of the time whether someone The majority realizes that their I am guessing she was in her mid to was going to live or die, be comfortable medicare plan simply can not work be- late seventies. She said she had serious or not. cause of their nominee’s $1.6 trillion health problems and she just couldn’t Now, how can we, the only super- tax cut proposal. Senator BREAUX afford to buy the prescription drugs her power in the world, a nation that is pointed this out quite clearly today. doctor said she needed. leading the world in research and med- My point is, I say to my friend from As she began talking about this, her ical products, how can we have a Medi- North Dakota, people who come here eyes began brimming with tears and care program, a program for health and make statements on the floor need then tears began running down her care for senior citizens, that does not to have substantiation. I say the Sen- cheeks and her chin began to quiver include the prescription drug benefit? ator from Louisiana does not support and this woman began to cry about this We can’t do that. the Bush Medicare plan. issue, saying: I also say to my friend, the reason we I also say the majority has intro- I just can’t afford to buy the prescription are here is this morning a Senator duced a proposal—so we understand it, drugs my doctor says I need. came over and gave this presentation but it is a Medicare prescription drug This repeats itself all over this coun- and said what my friend from North benefit in name only. A New York try. If it is no longer a question of Dakota said: Sure, we want to do some- Times writer states: whether we ought to do this—and per- thing about Medicare, but I have got- . . . all indications are that this plan is a haps that is the case because we hear ten letters from my constituents say- non-starter. Insurance companies themselves almost everyone saying we ought to do ing ‘‘I’m against the big government are very skeptical; there haven’t been many this—then the question remaining is: plan.’’ cases in which an industry’s own lobbyists How do we do it?

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8603 We say we have a program that have them see a doctor in 40 years, and Let’s work together. Let’s decide we works. The Medicare program works. It all the premium is profit. Good for will embrace those things we know will has worked for nearly four decades. We them, good for the company, and good work and help people. That is why I am know nearly 99 percent of America’s for the healthy person. pleased the Senator from Nevada has senior citizens are covered by that But they do not make money by joined me today. Medicare program. And we say let’s seeking out someone who is 70 years I will not go on at length, but the provide an optional prescription drug old and probably 5 or 10 years away other issue—and at some point I want benefit that senior citizens, with a from the serious illness that is going to to visit with the Senator from Nevada small copayment, can access. have a claim on that health insurance about the other issue—is a Patients’ Others say let’s not do that. That is policy, and that is why, in 1960, senior Bill of Rights. We held a hearing in his big government. Medicare is big gov- citizens could not afford to buy health State on that issue. Sometime I want ernment, they say. They say what we insurance. Half of American senior to talk on the floor of the Senate about want to do is have the private insur- citizens did not have it. The Federal that hearing. That is another health ance companies somehow write policies Government said, we have to do some- issue we ought to do in this 4-week pe- that would provide prescription drug thing about it. Even when there were riod. We owe it to the American people coverage. those who were pulling the rope uphill, to do it. It is so important. Is that big insurance? If one is big trying to do the positive things, we had Mr. REID. Will the Senator yield? government, are they saying we don’t people here with their foot stuck in the Mr. DORGAN. I will be happy to want big government, we want big in- ground saying: No, we will not go; no, yield. surance to do this? it will not work; it is big government; Mr. REID. We do need to talk about But if it is big insurance—and it is— no, it is a scheme. that hearing in Las Vegas. There is not let’s hear what the insurance folks We have such people on every single anyone who could watch that and lis- have to say about it. My colleague just issue in this Chamber. There is a story ten to that and not shed a tear. I want to take off on something my mentioned it. Here is a chart. about the old codger, 85 years old, who Mr. Charles Kahn, President of the was interviewed by a radio announcer. friend from North Dakota said. During Health Insurance Association of Amer- The radio announcer said to him: You that hearing—those sick people and the ica, says: must have seen a lot of changes in your mother who lost her son—there was not life, old timer. The guy said: Yep, and a question about whether or not they We continue to believe the concept of the were Democrat or Republican. There so-called drug-only private insurance simply I’ve been against every one. would not work in practice. We know people like that. There are was not a single word about that. Democrats get sick, and Republicans It simply would not work in practice. a lot of them in politics. I can tell you I have had two CEOs of health insur- about people who are against every- get sick. That is why I underscore what the Senator from North Dakota has ance companies come to my office and thing new. Then, of course, we do it be- stated today: That we need to come up say to me: Senator, those who are pro- cause it is important to do it; it makes with a plan that will work. We know posing a prescription drug benefit by life in this country better. the private insurance plan will not private insurance company policy, I About 10 years later, guess what. work. We do not have to have politi- want to tell you as a President of a They said: Yes, I started that; I was for that. Of course, they were not. cians tell us. The people the majority company, it will not work. We will not This is not about Republicans or is trying to help tell us it will not offer such a policy. And if we did, we Democrats at this moment. There is no work. would have to charge $1,100 for a policy Republican way or Democratic way to Mr. DORGAN. Mr. President, the that pays $1,000 worth of benefits. get sick; you just get sick. There is no Senator is right. I end by saying this is That is Charles Kahn, again, from Democratic or Republican way to put not about politics; it is about solutions the Health Insurance Association of together a program like that. to real problems. We understand this is America. My point is there are some, Governor a problem. Prescription drug prices are Private drug-insurance policies are Bush and others, who have a propo- too high. They are going up too rap- doomed from the start. The idea sounds sition with respect to prescription idly. Senior citizens cannot afford good, but it cannot succeed in the real drugs that will not work because those them. world. on whom they rely to offer a policy say We have a serious problem in this I don’t know of an insurance company that they cannot offer it; it will not work; it country in this area. We understand we would offer a drug-only policy like that or cannot be done. have a responsibility to do something even consider it. If that is the case, and if they be- about it. What? There are two choices. That is from the insurance industry lieve, as we do, that we ought to put a One does not work, and one we know itself. Let me just for a moment ask prescription drug plan in the Medicare will. This is not rocket science. We this question. program, then I say join us and help us know what works. All we need to do is If the insurance industry would have and work with us over the next 4 weeks get enough votes in this Congress to been able to offer a policy for prescrip- and get this done. decide we will do what works to put a tion drugs that was affordable and The question is not whether, it is prescription drug benefit in the Medi- practical and usable, would they not how, and the answer to the how is here. care program which is available to sen- already have done so? Ask yourself: If You cannot do it the way you say you ior citizens across this country. Six or in 1960 it would have been profitable for want to do it. You cannot pretend to eight weeks from now, it can be done. health insurance companies to say, Our the American people you have a plan We will have it in the Medicare pro- marketing strategy is to try to find the that will work when the industry you gram, and there will be a lot of senior oldest Americans, those who are near- say will do it says it is unworkable. citizens advantaged because of it. est the time when they will have a I did not come here to cast aspersions We will have more to say about this, maximum call for needs in the health on anybody or any group. This is one of but because others wanted to come to care industry, to find those people and those issues of perhaps three or four at the floor today and talk about schemes see if we can insure them—if that were the end of this 106th Congress that we and other things, I thought it was im- the case, would there have been a need owe to the American people to do, and portant—and the Senator from Nevada for the Medicare program? No, there the only way we are going to get this did as well—to provide the perspective would not have. done is if those who say they favor a about what this issue is. Of course, that is not the case. In the prescription drug benefit in the Medi- A lot of people speak with a lot of au- private sector, these companies are care program will stop coming to the thority. Some are not always right but after profits. How do you find profits in floor and calling the Medicare program never in doubt. Some old codger said to health insurance? Find some young, some giant Government scheme. Those me one day: There are a lot of smart strapping man or woman who is 20 who do that understand they are call- people in Washington and some ain’t so years old, healthy as a horse, is not ing a program that has worked for 40 smart; it’s hard to tell the difference. going to get sick for 40 years, and sell years, that has made life better for a He is right about that. The currency them a health insurance policy and not lot of folks in this country, a scheme. in Congress is a good idea to address a

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8604 CONGRESSIONAL RECORD — SENATE September 14, 2000 real problem that needs addressing. We Mexican markets either have been nities for American farmers, workers have a real problem that needs address- eliminated or are being phased out. and businesses. In fact, according to ing now, and a good idea to address The positive economic effects have the Institute for International Eco- this problem of prescription drugs is to been astounding, including a growth in nomics, China’s entry into the WTO put in the Medicare program an op- U.S. exports to Canada of 54 percent would result in an immediate increase tional program which is affordable, and a growth of U.S. exports to Mexico in U.S. exports of $3.1 billion. with a small copay that will give sen- of 90 percent since 1993—the year before An analysis produced by Goldman ior citizens who need it an opportunity NAFTA took effect. Sachs, which took into account invest- to get the prescription drugs they need My State of Ohio has outperformed ment flows, estimates that China’s to improve their lives. the nation during that time period in entry into the WTO could translate Mr. President, I yield the floor. the growth of exports to America’s two into $13 billion in additional U.S. ex- The PRESIDING OFFICER. The Sen- NAFTA trading partners. Ohio exports ports by the year 2005. ator from Ohio. to Canada have grown 64 percent and As good as this may sound, the f Ohio exports to Mexico have grown 101 United States risks losing the substan- percent. In the last several years, Mex- PERMANENT NORMAL TRADE tial economic benefits of this agree- ico has moved from our seventh largest RELATIONS WITH CHINA ment unless permanent normal trade trading partner to fourth. relations status is extended to China. Mr. VOINOVICH. Mr. President, I Since 1994—the same year NAFTA Currently, China’s PNTR status is an- rise today to express my support for went into effect—nearly 600,000 net new nually reviewed by the President and is H.R. 4444, legislation that will extend jobs were created in Ohio. Although conditioned on the fulfillment of spe- permanent normal trade relations sta- NAFTA did not create all of these jobs, cific freedom-of-emigration require- tus to China. the boom in export growth triggered by ments established in 1974 by the Jack- In the past few days, the Senate has NAFTA, as well as the overwhelming son-Vanik law. held a number of votes on amendments success of the ‘‘New Economy’’ have However, WTO rules require all mem- that address issues about which I care contributed significantly to this job bers to grant PNTR status to all fellow deeply. We have debated amendments growth. members without condition. If the U.S. that deal with such issues as ensuring As in many States in America, unem- fails to extend PNTR status to China, religious freedom in China; organ har- ployment in Ohio today is at a 25 year then both this trade agreement and vesting; Tibet; and Senator THOMPSON’s low; and some areas of the State are WTO rules may not apply to our trade amendment dealing with Chinese nu- even facing worker shortages—in fact, with China. clear proliferation—an issue that needs too many. The claims that ‘‘countless I understand that many Americans definite action. numbers of workers’’ would lose their oppose PNTR for China because of Chi- However, I have reluctantly voted jobs due to NAFTA and become ‘‘unem- na’s record on a number of important against including these, and other ployable’’ have rung hollow. issues, including trade fairness, human amendments, to H.R. 4444. I am com- According to the most recent data rights, labor standards, the environ- mitted to passing PNTR, and I believe from the United States Department of ment, and China’s emergence as a re- we must pass a clean bill and present it Labor, the number of workers who gional and global military power. I to the President for his signature as have been certified by the DOL as eligi- share those concerns, but I believe that soon as possible. It is long overdue. ble for NAFTA trade adjustment as- rather than unilaterally locking the Fortunately, as we approach a final sistance benefits between January 1, United States out of the Chinese mar- vote on PNTR, the Senate is poised to 1994, and September 28, 1999, is 6,074. pass a clean bill, which, in my view, However, not all workers who have ket, the best way to address these will help continue the growth of our been certified for NAFTA trade adjust- issues is by opening China up. economy, and help bring us closer to ment assistance have actually col- For years, American businesses have realizing many of the reforms in China lected benefits. Additional data from been repeatedly frustrated in their at- that my colleagues wish to see imple- the Department of Labor suggests that tempts to penetrate the Chinese mar- mented. only 20 to 30 percent of all certified ket and get through numerous trade For the past several years, the workers have collected benefits. This barriers used by China to protect its United States has enjoyed one of its means that most workers have moved uncompetitive state-owned enterprises. longest periods of economic expansion on to other employment. It also means In signing the November agreement, in our history. International trade has that NAFTA works. China has agreed to remove and signifi- been a vital component of this remark- Building on the success of NAFTA, cantly reduce these trade barriers. This able economic boom. In fact, the we have an opportunity to watch light- would open up one of the world’s fast- growth in U.S. exports over the last ten ning strike twice. est growing and potentially largest years has been responsible for about In November of last year, the U.S. markets to American goods and serv- one-third of our total economic signed an historic bilateral trade ices in a wide range of sectors, from ag- growth. That means jobs for Americans agreement with China, a crucial first riculture to automobiles and banking and of particular concern to this Sen- step in China’s effort to gain entry into to telecommunications. It would even- ator, jobs for Ohioans. the World Trade Organization. This tually allow U.S. exporters to freely As my colleagues know, America’s agreement—a product of 13 years of ne- distribute their products to any part of trade barriers are among the lowest in gotiation—contains unprecedented, China without interference from gov- the world, and as a result, American unilateral trade concessions on the ernment middlemen. workers face stiff competition from part of China, including significant re- This agreement also maintains and overseas. Nevertheless, it is this com- ductions in tariffs and other barriers to strengthens safeguards against unfair petition that has made American work- trade. Chinese imports. It preserves a tougher ers the best and the most productive In return, China would receive no in- standard in identifying illegal dump- anywhere, and the U.S. economy the creased access to U.S. markets, no cuts ing. What’s more, with this agreement, strongest and most vibrant in the in U.S. tariffs and no special removal we will have better protections from world. of U.S. import protections. This is be- import surges than under current U.S. In my state of Ohio, tearing down cause our market is already open to law. Most importantly, this agreement trade barriers has helped us become the Chinese exports, and by signing the bi- sets the stage for China to join the 8th largest exporter in the United lateral agreement, China has agreed to WTO and, hence, become subject to States, and part of Ohio’s export-re- open its market unilaterally to the both its trade rules and its binding lated success can be linked to passage United States in exchange for U.S. sup- punishments for breaking these rules. of NAFTA. port for Chinese membership in the The United States has worked for Thanks to NAFTA, historic trade World Trade Organization. more than a decade to secure freer ac- barriers that once kept American If implemented, this agreement cess to the Chinese market. If the U.S. goods and services out of Canadian and would present unprecedented opportu- does not capitalize on this agreement

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8605 by giving China PNTR status, Amer- because China will be able to join the much as 20 months on scientific evi- ica’s competitors in Europe and Asia WTO if it has the support of its other dence. We know Virginia last year, be- most certainly will. major trading partners. Nor does the fore making remarkable improve- Like most Americans, I am deeply Senate need to determine whether ments, had almost a year—and other concerned about human rights, labor China needs to improve its record on States. Another police officer today and environmental conditions in China. human rights, labor standards and the told us his State was at least a year in Some opponents argue that granting environment. It is already clear that getting routine reports done. This is a PNTR status would somehow remove these issues need to be addressed. kind of bottleneck, a stopgap procedure pressure on China to improve its poor What the Senate needs to do is to de- that undermines the ability of the po- record on these issues. I don’t agree. cide whether our Nation will be able to lice and prosecutors to do their jobs. It is important to remember that benefit from a hard-fought agreement I was pleased and honored to be able China already has the privilege of full that unilaterally opens China’s mar- to pick up the Paul Coverdell forensic access to the U.S. market. Let’s get kets to American products, and wheth- bill and to reintroduce it as the Paul that clear. They already have the privi- er the United States should use this Coverdell National Forensic Improve- lege of full access to the U.S. market. trade relationship to advance demo- ment Act of 2000. We have had mar- While Congress has repeatedly criti- cratic reform, build a trusting relation- velous bipartisan support on this legis- cized China’s record on these issues, it ship, and address grievances without lation. Senator MAX CLELAND from has never once revoked China’s trade hostility. In my view, granting China Georgia, Paul’s colleague, was an origi- status in an annual review. permanent normal trade relations sta- nal cosponsor of it. He was at our press Furthermore, granting China PNTR tus is the first step in that process. conference this morning. Senator ZELL status would not prevent Congress or I thank the Chair and yield the floor. MILLER, former Governor of Georgia, the administration from continuing to The PRESIDING OFFICER. The Sen- who has replaced Paul in the Senate, speak out on any and all issues of con- ator from Alabama. was also at the press conference today, cern that have been raised, nor would Mr. SESSIONS. Mr. President, I ex- along with ARLEN SPECTER, a former it preclude sanctioning China in the fu- press my admiration for the Senator prosecutor, PAUL WELLSTONE, DICK ture. from Ohio. He effectively states his DURBIN, and others who participated in In addition, I regard the expansion of case on matters of great importance to this announcement. our economic relationship as a far his State and the Nation. He always We need to move this bill. It will be more effective method of influencing does that effectively. I greatly admire one of the most important acts we can change in Chinese behavior than the his views and thought processes. do as a Senate to improve justice in status quo. If China joins the WTO, the f America. It is the kind of thing this United States will have an unprece- Nation ought to do. It ought to be help- PAUL COVERDELL NATIONAL FO- dented opportunity to not only export ing States, providing them the latest RENSIC SCIENCES IMPROVEMENT more of our goods and services to equipment for their laboratories, the ACT OF 2000 China, but also our culture and values. latest techniques on how to evaluate This increased interaction will allow Mr. SESSIONS. Mr. President, not hair fiber or carpet fiber or ballistics the United States to expose the Chi- too long ago our former colleague, Paul or DNA. It ought to be helping them do nese people to Western standards of po- Coverdell, introduced the National Fo- that and ought not to be taking over litical freedom, human rights, business rensic Sciences Improvement Act. It their law enforcement processes by practices and environmental protec- was a bill to further Federal support to taking over their police departments, tion. State forensic laboratories, those telling them what kind of cases to No one can predict with any degree of places where DNA evidence is evalu- prosecute, what kind of sentences to certainty the path China will ulti- ated, where drug evidence is evaluated, impose and that sort of thing. mately choose for itself. But I firmly where fingerprints, ballistics, and all A good Federal Government is trying believe that opening China economi- the other scientific data from carpet fi- to assist the local States. One of the cally to the rest of the world can only bers, and so forth, are evaluated, and best ways we could ever do that is to help efforts to open up its political sys- then reported out to the prosecutors support improvements in the forensic tem and improve the lives of its people. around the country so cases can be laboratories. I believe strongly that Some argue that China has become a prosecuted on sound science. this is a good bill in that regard. major military rival to America and Today we have a crisis in our crimi- The numbers of cases are stunning. I that increased trade would finance Chi- nal justice system. We clearly have a will share a few of the numbers and na’s military buildup, thereby enhanc- bottleneck, of major proportions, in statistics that I have. According to the ing China’s threat to our national secu- the laboratory arena. There is simply Bureau of Justice Statistics of the De- rity. I think this logic as inherently an exploding amount of work. More partment of Justice, as of December of wrong. and more tests are available. People 1997—it has gotten worse since—69 per- History has shown that economic in- are demanding more and more tests on cent of State crime labs reported DNA tegration diminishes military tension each case that comes down the pike. backlogs of 6,800 cases and 287,000 of- and the threat of war, even among his- We are way behind. fender samples were pending. That is torical enemies. The European Union, In my view, as a person who spent 15 human DNA we are talking about. That which brought together two longtime years of my life prosecuting criminal is not available in every case, but that adversaries, France and Germany, is a cases, swift, fair justice is critical for is not all they have backlogs on. Every prime example of this phenomenon. any effective criminal justice system. time cocaine is seized and a prosecutor Nations that trade together share a We need not to see our cases delayed. wants to try a cocaine case, the defense common interest in remaining at peace We need to create a circumstance in lawyer is not going to agree to go to and preserving the mutual benefits of which they can be tried as promptly as trial. He will not agree to plead guilty free trade. Conversely, rejecting oppor- possible, considering all justice rel- until he has a report back from the lab- tunities for economic cooperation evant to the cases. oratory saying the powder is, in fact, would only play into the hands of the I ran for attorney general of Alabama cocaine. It is almost considered mal- old hard-line elements in China who in 1994. I talked in every speech I made, practice by many defense lawyers to are already hostile to both free trade virtually, on the need to improve case plead guilty until the chemist’s report and the United States. processing. The very idea of a robber or is back. As the final vote on PNTR ap- a rapist being arrested and released on This is slowing up cases all over proaches, the question that this body bail and tried 2 years later is beyond America. The labs have lots of prob- must consider is not whether China de- the pale. It cannot be acceptable. It lems in how they are falling behind. I serves to enjoy the benefits of WTO cannot be the rule in America. think we need to look at it. membership. Yet I am told by Dr. Downs of the fo- One article reports: At this point, that is not a decision rensic laboratory in the State of Ala- As Spokane, Washington authorities closed the U.S. can make wholly on our own, bama that they now have delays of as in on a suspected serial killer they were

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8606 CONGRESSIONAL RECORD — SENATE September 14, 2000 eager to nail enough evidence to make their fense attorneys, prosecutors, are ask- SELLING VIOLENT VIDEO GAMES case stick. So they skipped over the back- ing for DNA evidence on cigarettes, on TO CHILDREN logged Washington State Patrol crime lab hat bands. They want hair DNA done, Mr. SESSIONS. Mr. President, I see and shipped some of the evidence to a private hundreds and hundreds of new uses, a laboratory, paying a premium for quicker re- my colleague from Kansas, Senator sults.***[A] chronic backlog at the State Kleenex, perhaps, take the DNA off of BROWNBACK, is here. I had the pleasure Patrol’s seven crime labs, which analyze that, in addition to the normal objects recently to be at a press conference criminal evidence from police throughout from which you might expect DNA to with him, which he arranged. He had Washington state, has grown so acute that be taken. Her view was—and she is written a letter to a number of busi- Spokane investigators have feared their quite passionate about this; she has put nesses, which I joined. Senator TIM manhunt would be stalled. her own money in it; she understands it HUTCHINSON and JOE LIEBERMAN also Suspects have been held in jail for deeply—that nothing more could be signed that letter. We asked them to months before trial, waiting for foren- done to help improve justice in Amer- consider whether or not they ought to sic evidence to be completed. Thus po- ica than to help our laboratories continue to sell video games rated tentially innocent persons stay in jail, around the country. ‘‘M,’’ for mature audiences, to young potentially guilty persons stay out of We have people on death row who are people without some control. In fact, jail, and victims get no closure while being charged with capital crimes. We Sears and Montgomery Ward said they waiting on laboratory reports to be have people who have been charged would not sell them anymore. They completed. with rape who are out awaiting trial didn’t want them in their stores. A newspaper in Alabama, the Deca- because they haven’t gotten the DNA Wasn’t that a good response? Kmart tur Daily, said: tests back on semen specimens or blood and Wal-Mart said they are not going [The] backlog of cases is so bad that final specimens, and they may well be com- to sell to minors without an adult or autopsy results and other forensic testing mitting other rapes and other robberies parent present. We believe that was a sometimes take up to a year to complete. while they are out, if they are guilty. good corporate response. Now they are saying it takes even Also, there is evidence to prove they I appreciate the leadership of the longer than that in Alabama. are not guilty if that is the case. Senator from Kansas and his hearing, It’s a frustrating wait for police, prosecu- I believe we had a good day today. I subsequent to that press conference, tors, defense attorneys, judges and even sus- believe this Senate and this Congress with a lot of the manufacturers of this pects. It means delayed justice for families product. I understand, from what I of crime victims. will listen to the facts about the need for improvement of our forensic labora- have seen, he was particularly skillful Another article: tories which will respond to the crush in raising the issues and holding these To solve the slaying of Jon Benet Ramsey, of cases that are piling up all over the producers of this product to account Boulder police must rely to a great extent on country and will recognize the leader- and challenging businesses and cor- the results of forensic tests being conducted ship that our magnificent and wonder- porate leadership to be more respon- in crime laboratories. [T]he looming problem sible because we now have a conclusive for police and prosecutors, according to fo- ful colleague, Paul Coverdell, gave to rensic experts, is whether the evidence is in this effort and will be proud to vote for statement from the American Medical good condition. Or whether lax procedures the bill named for him, the Paul Cover- Association and half a dozen other * * * resulted in key evidence being hope- dell National Forensic Sciences Im- groups that this kind of violent enter- lessly contaminated. provement Act of 2000, and that we can, tainment and video games have the ca- We need to improve our ability to on a bipartisan basis, move this bill pability of harming young people and deal with these issues. This legislation and strike a major blow for justice in leading them on to violence. That is would provide $768 million over 6 years America. bad for them and our country. I thank the Senator from Kansas. directly to our 50 State crime labs to I talked with the Attorney General of The PRESIDING OFFICER. The Sen- allow them to improve what they are the United States, Janet Reno, yester- ator from Kansas is recognized. doing. day. She told me this was very con- At the press conference today, we sistent with her views. She supports f were joined by a nonpolitician and a our efforts to improve forensic science nonlaw enforcement officer, but per- MARKETING VIOLENT ENTERTAIN- capabilities, and she said it is con- MENT PRODUCTS TO CHILDREN haps without doubt the person in this sistent with the Department of Jus- country and in the world who has done tice’s approach to helping State and Mr. BROWNBACK. Mr. President, I more than any other to explain what local law enforcement. I believe the thank my colleague from Alabama, goes on in forensic labs. We had Patri- Department of Justice will be sup- Senator SESSIONS, for his role in this cia Cornwell, a best-selling author of so porting this legislation, and we intend matter. As a former attorney general, many forensic laboratory cases—a best to work with everybody who is inter- he brought up some excellent points selling author, perhaps the best selling ested to improve it. At this point, the about what these do when you put a author in America. She worked for a legislation speaks for itself. It is re- child and a video game in a first person number of years in a laboratory, actu- ceiving broad bipartisan support, and I shooter role and you reward them for ally measuring and describing, as they believe we can move it on to passage mass killings. You give them points. wrote down the description of the knife this year. Nothing we could do would Particularly at the end, some of these cuts and bullet wounds in bodies. She help fight crime more and produce a games give a reward which is a particu- worked in data processing. better quality of justice in our courts larly grisly killing scene. He pointed She has traveled around this coun- over America than passage of this bill. out that when you train children in try, and she has visited laboratories all this type of situation, this is harmful Mr. President, I ask unanimous con- over the country. She said at our press to them psychologically, and it is sent that Senators HARKIN, MCCON- conference they are in a deplorable something to which we should be lim- NELL, BUNNING, and GRAMS be added as state. She said the backlog around the iting their access. original cosponsors of S. 3045, which I country is unprecedented. She lives in He also brought a lot of personal in- introduced earlier today. Richmond, VA. She personally has put sight from his background as an attor- $1.5 million of her own money, matched The PRESIDING OFFICER. Without ney general, and that was really help- by the State of Virginia, Governor Gil- objection, it is so ordered. ful. I hope we are going to be able to more, to create a laboratory in Vir- Mr. SESSIONS. I also want to ex- draw more attention to parents in the ginia that meets the standard she be- press my appreciation for legal counsel country about these products because lieves is required. It is a remarkable on the Judiciary Committee, Sean Cos- it has a harmful effect. thing that she would do that, be that tello, who is with me today, and my Some of our military actually buy deeply involved. chief counsel, Ed Haden, for their sup- the same products and train our mili- She is involved and chairman of the port and the extraordinary work they tary personnel on the video games. board of the foundation that helped have done in helping to prepare this They use it as a simulator. They do it create that. She told us how police, de- bill for filing. as a way of trying to get people to

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8607 react and also to get them up on what of marketing violence to kids. The lence. At the summit, we released a is called their ‘‘kill ratio.’’ In World problem is not one industry. It can be joint statement signed by some of the Wars I and II, we had problems with found in virtually every form of enter- most prominent associations in the soldiers who would not shoot to kill be- tainment—music, movies, video games. public health community. These are cause it was not a natural reaction. Together they take up the majority of some of them: The American Medical They would tend to shoot around. So a child’s leisure hours. The message Association; the American Academy of they had to figure out how to get that they get and the images they see often Pediatricians; the American Psycho- ratio up in the military. The problem glamorize brutality and trivialize cru- logical Association; the Academy of is when you do that with a child in an elty. Family Physicians; the American Psy- unsupervised game—the same game Take, for example, popular music. chiatric Association, and the Academy being used by military personnel as a The FTC report notes that 100 percent of Child and Adolescent Psychologists. simulator of combat conditions—that of sticker music—that is music that All of them signed the same document. can be very harmful. has been rated by the industry rating I will only read a portion of that docu- We found out yesterday at the hear- board itself as not appropriate for the ment to you. This portion of it reads ing that it is not only rated for a ma- audience under the age of 18. The sur- this way: ture audience, it is not supposed to be vey by the FTC was of the entertain- ‘‘Well over 1,000 studies point over- used by a child. The industry itself ment industry target-marketing to whelmingly to a causal connection’’— rates it ‘‘mature,’’ but they market it kids. This is both troubling and fairly not correlation, causal connection— to the child. They are target mar- predictable—troubling in that the ‘‘between media violence and aggres- keting it to children, according to a lyrics you see that we previously dis- sive behavior in some children. The Federal Trade Commission study. cussed are target-marketed to young conclusion of the public health commu- I will speak about the Federal Trade kids—mostly young boys—whose char- nity based on over 30 years of research Commission report that was aired in acters, attitudes, assumptions, and val- is that viewing entertainment violence the Commerce Committee yesterday on ues are still being formed and vulner- can lead to increases in aggressive atti- marketing of violent entertainment able to being warped, and predictable tudes, values, and behavior, particu- products to our children. I want to talk in that there are few fans for such larly in children.’’ about what that report brought for- music who are over the age of 20. There is no longer a question as to ward, what we saw at the hearing yes- Movies are equally blatantly mar- whether disclosing children to violent terday, and some conclusion and things keted to kids, and they are appalling in entertainment is a public health risk. I think we can move forward on in their content. Movies have great power It is just as surely as tobacco or alco- dealing with this problem. because stories have great power; they hol. At the outset, I recognize the work of can move us; they can change our The question is, What are we going to one of my staff members, Cherie Hard- minds, our hearts, and even our hopes. do about it? What does it take for the The movie industry wields enormous er, who has done outstanding work in entertainment industry and its licens- influence. When used responsibly, their the time she has been with me in the ees and retailers to stop exposing chil- work can edify, uplift, and inspire us. Senate in raising the visibility of this dren to poison? But all too often that power is used to issue. There is an additional element that It has been said that every good idea exploit. I have seen some movies that are ba- this generally excellent FTC study goes through three stages: First, it is sically 2-hour long commercials for the fails to cover. That is the cross-mar- ridiculed; second, it is bitterly opposed; misuse of guns. keting of violence to kids. last, it is accepted as obvious. The movie industry has the gall to There is ample proof that the enter- Over the past 2 years, I have chaired target-market teen slasher movies to tainment industry not only directly three hearings in the Commerce Com- child audiences and then insist that targets children with advertising and mittee on the effectiveness of labels the R ratings somehow protect the other forms of promotion but also mar- and ratings, the impact of violent en- movie industry. From reading the FTC kets to them via toys and products tertainment products on children. The report, it seems clear that the ratings that the entertainment industry itself first hearing on whether violent prod- protect the industry from the con- rates as inappropriate for children. ucts are being marketed to our chil- sumers rather than the consumers Walk into any toy store in America dren happened about a month after the from the industry. and you will find dolls, action figures, Columbine killings took place in Colo- Take video games. When kids play hand-held games, Halloween costumes rado. When we started out in these violent video games, they do not mere- based on characters in R-rated movies, hearings, these ideas I put forward ly witness slaughter; they engage in musicians noted for their violent were ridiculed, bitterly opposed shortly virtual murder. Indeed, the point of lyrics, and M-rated video games. afterwards; but now, in reviewing the what are called the first-person shooter Maybe I am particularly sensitive to FTC report, the fact that harmful, vio- games—that is virtually all of the M- this because I have five children. But I lent entertainment is being marketed rated games, sticker games that the in- know this is accurate. to kids is now being accepted as clear dustry itself says are inappropriate for There is an equally egregious aspect and obvious. an under-age-18 audience—the object is of marketing violence to children and We have come a long way. This is an to kill as many characters as possible. cross-marketing of violent products to important Federal Trade Commission The higher the body count, the higher kids—one that has not yet adequately report. When I introduced the legisla- your score. Often bonus points are been investigated. We need to do so. I tion last year to authorize the FTC re- given for finishing off your enemy in a look forward to working with the FTC port, which was cosponsored by several particularly grisly way. Common sense to ensure that this is done as well. of my colleagues, I did so because of should tell us positively that rein- Another media step we need to take overwhelming anecdotal evidence that forcing sadistic behavior is a bad idea, is to ensure that these industries enter violent adult-rated entertainment was and that in itself cannot be good for into a code of conduct. being marketed to children by the en- children. Consumers and parents need to know tertainment industry. It has been said We cannot expect that the hours what their standards are for these in- that much of modern research is cor- spent in school will mold and instruct dustries; how high they aim; or how roboration of the obvious by obscure the child’s mind but that hours spent low they will go. methods. This study corroborates what immersed in violent entertainment I have introduced legislation—S. many of us have long suspected, and it will not. We cannot expect that if we 2127—that would provide a very limited does so unambiguously and conclu- raise our children on violence, they are antitrust exemption that would enable sively. It shows, as Chairman Pitofsky going to somehow love peace. This is but not require entertainment compa- of the FTC noted, that the marketing not only common sense, it is a public nies to enter into a voluntary code of is ‘‘pervasive and aggressive.’’ health concern. conduct—have them set a floor, a base It shows that entertainment compa- In late July, I convened a Public below which they won’t go to get prod- nies are literally making a killing off Health Summit on Entertainment Vio- ucts out to children.

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8608 CONGRESSIONAL RECORD — SENATE September 14, 2000 We had a very telling exchange yes- available to parents the lyrics that are The PRESIDING OFFICER. Without terday in committee. We had two ex- in the music because, right now, those objection, it is so ordered. ecutives from the movie industry and are not readily accessible or available Mr. BROWNBACK. Mr. President, I two from the video game industry. I to parents. But ultimately, we all pro- further ask consent that the Senate asked them several times, Is there any tect the first amendment, and nobody convene on Monday at 12 noon, with word, is there any image so grisly, so is for censorship. I state that again. the time until 2 p.m. designated for bad, is there any example so horrible Nobody is for censorship. But we need morning business, with Senators that you wouldn’t put it in music or to appeal to this industry to just do the speaking for up to 10 minutes each, into a video game? Is there anything, right thing and stop target-marketing with the following exceptions: Senator any word, any image? We have some their products to our children. It is THOMAS or his designee, 1 to 2 o’clock; music that is very hateful toward just wrong, and they need to stop it. Senator GRAHAM of Florida, or his des- women and harmful. Is there anything f ignee, 12 to 1 p.m. that you wouldn’t include, that you The PRESIDING OFFICER. Without could say here today you wouldn’t put MEASURE PLACED ON THE objection, it is so ordered. in music or in a video game? They CALENDAR—H.R. 2090 Mr. BROWNBACK. On Tuesday, Sep- wouldn’t state anything that they Mr. BROWNBACK. Mr. President, I tember 19, I ask that the Senate con- wouldn’t put in—nothing at all. understand there is a bill at the desk vene at 9:30 a.m., as under the previous We need them to set an industry code due for a second reading. order, and the Senate stand in recess of conduct where they would set the The PRESIDING OFFICER. The from the hours of 12:30 p.m. until 2:15 standard below which they wouldn’t go clerk will report. p.m. for the weekly policy conferences because many of them are saying if you The assistant legislative clerk read to meet and, upon reconvening, there don’t do it, somebody else will. They as follows: be a vote on final passage of H.R. 4444, will chase it. These billion-dollar in- A bill (H.R. 2090) to direct the Secretary of and that paragraph 4 of rule XII be dustries think they don’t have to go Commerce to contract with the National waived. this low. But why not engage them in Academy of Sciences to establish the Coordi- The PRESIDING OFFICER. Without setting a voluntary code of conduct? nated Oceanographic Program Advisory objection, it is so ordered. They need to do so, and we need to pass Panel to report to the Congress on the feasi- f this legislation to allow them to do it. bility and social value of a coordinated There are other steps we should con- oceanography program. PROGRAM sider, but a rush to legislate is not one Mr. BROWNBACK. I object to further Mr. BROWNBACK. For the informa- of them. Frankly, imposing 6-month proceeding on this bill at this time. tion of all Senators, at 10 a.m. tomor- deadlines on an industry that is ac- The PRESIDING OFFICER. Under row the Senate will resume consider- tively fleecing money is unlikely to the rule, the bill will be placed on the ation of H.R. 4444, the China trade bill. bring about lasting reform such as that calendar. Those Senators who would like to suggested by the Vice President. We f make statements as in morning busi- need to encourage responsibility and ness may also come to the floor at any self-regulation. We need a greater co- MEASURE READ FOR THE FIRST time during tomorrow’s session. operation from the corporations re- TIME—S. 3046 On Monday, the Senate will be in a garding their view of what they can do Mr. BROWNBACK. Mr. President, I period of morning business from 12 to help our children morally, phys- understand S. 3046 has been introduced noon until 2 p.m. and then resume con- ically, and emotionally—for the well- by the majority leader and it is at the sideration of the China PNTR legisla- being of our children rather than harm- desk, and I now ask for its first read- tion. Also on Monday, the Senate may ing them. This FTC report is an impor- ing. begin consideration of the water re- tant step in that direction because al- The PRESIDING OFFICER. The sources bill if an agreement can be though it concentrates on the tip of clerk will read the bill for the first reached. the iceberg, it does shed light on the time. On Tuesday, under previous order, magnitude of the problem that we have The assistant legislative clerk read the two leaders will have from 9:30 a.m. with the entertainment industry. It as follows: until 12:30 p.m. for closing remarks on shows kids are being exploited for prof- A bill (S. 3046) to amend title 11 of the the PNTR bill. Following the weekly it and exposes a cultural externality in United States Code, and for other purposes. party conferences at 2:15 p.m., a vote this market. Mr. BROWNBACK. Mr. President, I will occur on final passage of the PNTR Ultimately, we asked the entertain- bill. Senators can expect the first vote ment executives to come in front of the now ask for its second reading, and I object to my own request. of next week on Tuesday. Commerce Committee yesterday—and f in 2 weeks the movie industry—to work The PRESIDING OFFICER. The ob- with us and to appeal to their sense of jection is heard. ADJOURNMENT UNTIL 10 A.M. corporate responsibility and citizen- The bill will be read the second time TOMORROW on the next legislative day. ship. Our appeal is this: Please just do Mr. BROWNBACK. Mr. President, if the right thing. Stop marketing vio- f there is no further business to come be- lence to our kids. If you believe a prod- ORDERS FOR FRIDAY, SEPTEMBER fore the Senate, I now ask unanimous uct is inappropriate for somebody 15, 2000, MONDAY, SEPTEMBER 18, consent the Senate stand in adjourn- under the age of 18, then don’t target- 2000, AND TUESDAY, SEPTEMBER ment under the previous order. market to that child that same product 19, 2000 There being no objection, the Senate, that you yourselves rate inappropriate at 7:24 p.m., adjourned until Friday, for a child under the age of 18. Just Mr. BROWNBACK. I ask unanimous September 15, 2000, at 10 a.m. consent that when the Senate com- stop it. Just do not do it. f If the industry persists, the FTC has pletes its business today, it adjourn stated that they are going to do an in- until the hour of 10:00 a.m. on Friday, NOMINATIONS vestigation into whether or not some September 15. I further ask consent Executive nominations received by members of the industry who are doing that on Friday, Monday, and Tuesday, the Senate September 14, 2000: this are liable to charges of false and immediately following the prayer, the DEPARTMENT OF COMMERCE Journal of proceedings be approved to deceptive advertising of these prod- ELWOOD HOLSTEIN, JR., OF NEW JERSEY, TO BE AS- ucts. date, the morning hour be deemed ex- SISTANT SECRETARY OF COMMERCE FOR OCEANS AND As I mentioned, a code of conduct pired, the time for the two leaders be ATMOSPHERE, VICE TERRY D. GARCIA, RESIGNED. would be an appropriate step forward reserved for their use later in the day, OVERSEAS PRIVATE INVESTMENT CORPORATION for the industry to take. and on Friday the Senate then resume MELVIN E. CLARK, JR., OF THE DISTRICT OF COLUMBIA, Yesterday, we discussed the music in- consideration of H.R. 4444, the China TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION FOR A dustry making widely acceptable and PNTR bill, as under the previous order. TERM EXPIRING DECEMBER 17, 2002. (REAPPOINTMENT)

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 9801 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — SENATE S8609

FEDERAL RETIREMENT THRIFT INVESTMENT NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- READ ADM. (LH) ROBERT D. SIROIS, 0000 PIRING OCTOBER 6, 2001, VICE JOHN ROTHER, TERM EX- READ ADM. (LH) PATRICK M. STILLMAN, 0000 BOARD PIRED. SHERYL R. MARSHALL, OF MASSACHUSETTS, TO BE A BARRY GOLDWATER SCHOLARSHIP AND IN THE NAVY MEMBER OF THE FEDERAL RETIREMENT THRIFT IN- VESTMENT BOARD FOR A TERM EXPIRING OCTOBER 11, EXCELLENCE EDUCATION FOUNDATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2002. (REAPPOINTMENT) MICHAEL PRESCOTT GOLDWATER, OF ARIZONA, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NATIONAL FOUNDATION ON THE ARTS AND THE A MEMBER OF THE BOARD OF TRUSTEES OF THE BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDU- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: HUMANITIES CATION FOUNDATION FOR A TERM EXPIRING OCTOBER NINA M. ARCHABAL, OF MINNESOTA, TO BE A MEMBER 13, 2005, VICE WILLIAM W. QUINN, RESIGNED. To be vice admiral HANS MARK, OF TEXAS, TO BE A MEMBER OF THE OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A REAR ADM. TONEY M. BUCCHI, 0000 TERM EXPIRING JANUARY 26, 2006, VICE NICHOLAS BOARD OF TRUSTEES OF THE BARRY GOLDWATER KANELLOS, TERM EXPIRED. SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BETTY G. BENGTSON, OF WASHINGTON, TO BE A MEM- DATION FOR THE REMAINDER OF THE TERM EXPIRING IN THE UNITED STATES NAVY TO THE GRADE INDICATED APRIL 17, 2002. (REAPPOINTMENT) BER OF THE NATIONAL COUNCIL ON THE HUMANITIES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND LYNDA HARE SCRIBANTE, OF COLORADO, TO BE A MEM- FOR A TERM EXPIRING JANUARY 26, 2006, VICE RAMON A. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: GUTIERREZ, TERM EXPIRED. BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- RON CHEW, OF WASHINGTON, TO BE A MEMBER OF THE WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM FOUNDATION FOR A TERM EXPIRING OCTOBER 13, 2005. To be vice admiral (REAPPOINTMENT) EXPIRING JANUARY 26, 2006, VICE ROBERT I. ROTBERG, REAR ADM. TIMOTHY J. KEATING, 0000 TERM EXPIRED. FEDERAL RETIREMENT THRIFT INVESTMENT HENRY GLASSIE, OF INDIANA, TO BE A MEMBER OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM BOARD IN THE UNITED STATES NAVY TO THE GRADE INDICATED EXPIRING JANUARY 26, 2006, VICE MARTHA CONGLETON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND HOWELL, TERM EXPIRED. THOMAS A. FINK, OF ALASKA, TO BE A MEMBER OF THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARY D. HUBBARD, OF ALABAMA, TO BE A MEMBER OF FEDERAL RETIREMENT THRIFT INVESTMENT BOARD THE NATIONAL COUNCIL ON THE HUMANITIES FOR A FOR A TERM EXPIRING OCTOBER 11, 2003. (REAPPOINT- TERM EXPIRING JANUARY 26, 2004, VICE THEODORE S. MENT) To be vice admiral HAMEROW, TERM EXPIRED. THE JUDICIARY REAR ADM. MARTIN J. MAYER, 0000 NAOMI SHIHAB NYE, OF TEXAS, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A STEPHEN B. LIEBERMAN, OF PENNSYLVANIA, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TERM EXPIRING JANUARY 26, 2006, VICE BEV LINDSEY, UNITED STATES DISTRICT JUDGE FOR THE EASTERN IN THE UNITED STATES NAVY TO THE GRADE INDICATED TERM EXPIRED. DISTRICT OF PENNSYLVANIA VICE EDWARD N. CAHN, RE- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND VICKI L. RUIZ, OF ARIZONA, TO BE A MEMBER OF THE TIRED. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM IN THE COAST GUARD EXPIRING JANUARY 26, 2006, VICE HAROLD K. To be vice admiral SKRAMSTAD, TERM EXPIRED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CORPORATION FOR NATIONAL AND COMMUNITY IN THE UNITED STATES COAST GUARD TO THE GRADE IN- VICE ADM. DENNIS V. MC GINN, 0000 DICATED UNDER TITLE 14, U.S.C., SECTION 271: SERVICE To be rear admiral TONI G. FAY, OF NEW JERSEY, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE CORPORATION FOR READ ADM. (LH) ROBERT C. OLSEN JR., 0000

VerDate Mar 15 2010 23:21 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 9801 E:\2000SENATE\S14SE0.REC S14SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1479 EXTENSIONS OF REMARKS

IN HONOR OF THE 50TH ANNIVER- I ask my colleagues to join me in rising to marriage penalty tax reform. Americans should SARY OF STS. PHILIP & JAMES honor this truly remarkable institution as it not have to pay additional taxes simply be- CHURCH celebrates fifty years of outstanding service to cause they have made the decision to get the Cleveland area. married. However, I will continue to oppose HON. DENNIS J. KUCINICH f the marriage penalty tax relief as proposed in OF OHIO EXPRESSING SORROW OF THE the bill under consideration today because it IN THE HOUSE OF REPRESENTATIVES HOUSE AT THE DEATH OF THE offers the majority of the relief to wealthy indi- Thursday, September 14, 2000 HONORABLE HERBERT H. BATE- viduals subject to this tax without regard to the Mr. KUCINICH. Mr. Speaker, I rise today to MAN, MEMBER OF CONGRESS economy, future revenues or tax fairness. I will celebrate the fiftieth anniversary of Sts. Philip FROM THE COMMONWEALTH OF vote to sustain President Clinton's veto of this & James Church. A true leader in Cleveland's VIRGINIA misguided effort. church community, Sts. Philip & James has Many middle class Americans believe they SPEECH OF progressed with the times and continues still do not receive value for their taxes. An impor- to redefine itself in keeping with its mission of HON. F. JAMES SENSENBRENNER, JR. tant component of any tax reform debate community outreach. OF WISCONSIN should focus on renewing taxpayer's con- The decree for a new parish, to be located IN THE HOUSE OF REPRESENTATIVES fidence that they are not only being taxed fair- in Cleveland's West Boulevard neighborhood, ly, but that their tax dollars are being spend was made effective on May 1, 1950; the cor- Tuesday, September 12, 2000 wisely. It concerns me that we are considering nerstone was laid on September 24 of the Mr. SENSENBRENNER. Mr. Speaker, I rise a marriage penalty tax relief proposal today same year. Sts. Philip & James school opened today in tribute to a steadfast colleague and a in February of 1951, with 270 students trans- truly dedicated public servant. This week, this without a broader discussion of reform of our ferring from eight area public and parochial House lost a treasured friend with the passing tax policy. We don't make decisions in a vacu- schools. As both the school and parish contin- of Representative Herb Bateman of Virginia. um and the decisions we make today will have ued to grow, disaster struck in 1953 when a One characteristic distinguished Herb an impact on future revenues and spending on tornado ravaged the neighborhood. For three throughout his 50-year career: commitment to priority initiatives. days, Sts. Philip & James became a Red public service. Whether as a teacher, Air I want to work with my colleagues on both Cross Shelter for victims, and the 107th Ar- Force Officer, attorney, or legislator, Herb as- sides of the aisle to come up with meaningful, mory Calvary Regiment established its field pired to and reached a high standard of serv- fiscally responsible marriage penalty tax relief. headquarters there. After helping the area to ice to his students, his country, his clients, and We can afford to correct this oddity in the tax recover, the parish became even more active, his constituents. I know this first-hand, since code and offer middle class families much with such groups as the women's guild, the we served together for over 18 years. needed relief. Unfortunately, the bill before us Alter and Rosary Society, a Parent Teacher In his time in the Virginia Senate, Herb dis- today does not do that. A couple making Union, a Holy Name Society, as well as nu- tinguished himself as a leader in diverse issue $31,000 annually would get a tax cut of only merous choirs. areas including agriculture, energy, education, Upon entrance to its second decade, Sts. and the budget. In this body, Herb, a member $182 under this bill, while the wealthiest five Philip & James continued to grow in both of the Armed Services Committee, earned a percent of couples would be getting a tax cut numbers and facilities for the surrounding reputation as a fighter for a strong and pre- of approximately $1000 each year. Further, Catholic community. Though a fire in the rec- pared military. He understood the dynamic many of these higher-income families who tory in 1963 tested the congregation's role of the United States in the post-cold war would receive the majority of the relief under strength, it bounced back with fundraising world. Toward this end, Herb was a strong ad- this bill are not impacted by the existing mar- drives establishing permanent housing for both vocate for military readiness, and a staunch riage penalty. Consequently, the bill as cur- the priests as well as the Franciscan Sisters supporter of his constituents in the ship- rently drafted gives the most affluent a mar- who have been an integral part of the parish building industry and the local military commu- riage bonus. This isn't fair, it isn't responsible community since the school opened. Serving nity. tax policy and it isn't affordable. as both staff and teachers, the Franciscan Sis- Perhaps the greatest reasons for Herb's The bill vetoed by the President costs $292 ters have tirelessly dedicated their time to the success as a legislator are his bipartisanship billion over 10 years. This tax cut is $110 bil- betterment of the community. Like many and his patriotism. He was always looking out Cleveland diocese churches, though, numbers for America's best interests, always willing to lion more than the version which passed the inevitably decreased in the 70s and 80s, cul- hear the other side, always capable of ex- House of Representatives earlier this year. A minating in the eventual closing of the school pressing his views in logical, rather than par- tax cut of this size passed without regard to in 1998. This left a smaller church community, tisan, ways. Herb showed us the importance other tax reform needed, such as the estate though one which has never lost the spirit of duty, integrity, and responsibility in public tax, and without regard to other dynamics in which kept Sts. Philip & James thriving life. the economy is irresponsible. Adoption of this through both the best and most trying of We will miss him. tax cut will greatly jeopardize our nation's abil- times. f ity to pay down the national debt, comprehen- Today, Sts. Philip & James is undergoing a sively reform the tax code and ensure the sta- self proclaimed ``adjustment period,'' though MARRIAGE TAX RELIEF REC- bility of Social Security and Medicare. one that they are handling with deft and grace. ONCILIATION ACT OF 2000—VETO I am hopeful that by working together we The convent, abandoned when the school MESSAGE FROM THE PRESIDENT can come up with an economic strategy which closed, has been converted into a maternity OF THE UNITED STATES home for young girls who need a safe haven, provides fiscal security by using any surplus and in 1999, renovations were underway on SPEECH OF pay down our publicly held debt and make So- the school to create the new Horizon Science HON. KAREN McCARTHY cial Security and Medicare solvent, while also providing a tax relief package that helps work- Academy for seventh, eighth and ninth grade OF MISSOURI ing families. The bill before us today doesn't students. Truly, Sts. Philip & James church IN THE HOUSE OF REPRESENTATIVES deserves our acknowledgment and congratula- do this and I cannot support it. I hope our ac- tions for fifty impressive years of service to the Wednesday, September 13, 2000 tions today will bring the House leadership to Cleveland community, and what appears to be Ms. MCCARTHY of Missouri. Mr. Speaker, I the table to design a measure that the Presi- many more years to come. rise today to express my strong support for dent can sign into law.

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

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.000 pfrm04 PsN: E14PT1 E1480 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 IN HONOR OF PARMADALE’S 75TH to refuse mandatory overtime. In this era of Secretary Eizenstat I signed in April along with ANNIVERSARY full employment, it is simply easier and cheap- 31 of my colleagues. I am attaching a copy of er for hospital administrators to require exist- that letter. HON. DENNIS J. KUCINICH ing employees to work overtime than it is for In the wake of the WTO's adverse decision OF OHIO them to recruit and train new employees. on Foreign Sales Corporations, we urged the AdministrationÐas it fashioned its response to IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, no employer should be al- lowed to force an employee to work overtime the WTO decisionÐto resist efforts to increase Thursday, September 14, 2000 or face termination unless there is an emer- benefits for military arms sales. After all, if the Mr. KUCINICH. Mr. Speaker, I rise today in gency situation that requires immediate emer- U.S. is serious about leading the world into a honor and recognition of Parmadale's 75th an- gency action. In the health care field, however, peaceful future, we should be promoting arms niversary. Over the years, this organization we are not just talking about an employee's controlÐnot increasing subsidies for defense has continued to provide a vital caring service right to refuse overtime work. We are also contractors so that they can promote the con- for deprived and needy children in the city of talking about patient safety. When nurses are ventional arms race. But this bill does just Parma. It has been an outstanding force in forced to put in long overtime hours on a reg- what we urged the Administration not to doÐ support of the family unit and provides an es- ular basis against their better judgment, it puts it would increase defense contractor subsidies. sential vision of social cohesion within our patients at risk. In addition, this bill continues export sub- community for which we should all pay our re- The Registered Nurses and Patients Protec- sidies for tobacco, thus making it American spect. tion Act would amend the Fair Labor Stand- policy to promote the sales of cigarettes all Founded in September 1925, Parmadale ards Act to prohibit mandatory overtime be- over the world. was created with the objective of strength- yond 8 hours in a work day or 80 hours in any Mr. Speaker, these are serious issues de- ening families by teaching parents how to 14-day work period except in the case of a serving of serious debate. At a minimum, the more effectively care for their children. natural disaster or in the event of a declaration bill should have been brought up under a rule Throughout its years of community service, of an emergency by federal, state or local gov- for purposes of a thorough debate and consid- Parmadale's ethos has always been founded ernment officials. The legislation does not pre- eration of amendments. This was especially upon the strengths of family, neighborhood clude a nurse from voluntarily working over- necessary given the cost of the bill. At $1.5 and community. As a care treatment provider time. billion over five years (in addition to the rev- it has maintained this fundamental value Mr. Speaker, mandatory overtime for nurses enue that would be lost under FSC), this bill through services such as ``Whole Family is bad health care policy. A nurse shouldn't be should have been more thoroughly discussed Treatment.'' It has also succeeded in adapting on the job after the 15th or 16th consecutive before being put to a vote. to the changing needs of children in our soci- hour especially after she has told her super- For these reasons, Mr. Speaker, I cannot ety. visor ``I can't do this, I've been on the job too support H.R. 4986 as it has been brought be- Today it provides essential services for chil- many hours today.'' fore the House. dren suffering from drug dependence, mental Nursing is physically and mentally demand- CONGRESS OF THE UNITED STATES, difficulties, and serious emotional problems. ing. When a nurse is tired, it is much more dif- Washington, DC, April 19, 2000. ficult to deliver quality, professional care to pa- Hon. STUART E. EIZENSTAT, The center prides itself on its flexible clinical Deputy Secretary of the Treasury, response to the needs of children. The faculty tients. Health care experts and common sense Washington, DC. provides specialized residential services, a tell us that long hours take a toll on mental DEAR SECRETARY EIZENSTAT: In your posi- range of foster care, as well as in-home serv- alertness and mandatory overtime under such tion as the lead Administration official ices and day care. In 1989, the St. Augustine conditions can result in serious medical mis- charged with implementing an acceptable re- Center for Special Needs Children was estab- takesÐmedication errors, transcription errors, sponse to the adverse World Trade Organiza- lished. This was the first Intensive Treatment and errors in judgment. By the end of a reg- tion (WTO) decision on Foreign Sales Cor- Center for adolescents in the State of Ohio. In ular shift a nurse is exhausted. Increasingly, porations (FSC), we urge you to resist all ef- forts to increase benefits for military arms 1994, its success was conformed by the addi- however, nurses are being forced to work 16, sales. Indeed, the existing benefits should ac- tion of a second Intensive Treatment Center. 18 or even 20 consecutive hours in hospitals tually be narrowed. My fellow colleagues please join me in pay- across our nation. The current limitation on this benefit, as ing respect to the outstanding work of the Mr. Speaker, a nurse knows better than contained in 26 USC § 923(a)(5), provides that Parmadale Center. Its years of experience and anyoneÐbetter than her supervisor and better the normal FSC benefit is reduced by 50% for flexibile approach to care services ensure that than a hospital administratorÐwhen she has sales of certain military property, defined by it will continue to provide an invaluable service reached the point of fatigue when continuing Treasury as, ‘‘an arm, ammunition, or imple- ment of war.’’ Specific covered military for the youth and general community of to work can result in serious medical prob- property is listed on the U.S. Munitions List Parma, Ohio. lems. We must give nurses more power to de- (22 CFR 121), as provided for by the Arms Ex- f cide if long hours on the job is making it dif- port Control Act (22 USC § 2778). ficult to perform their duties. This legislation is Firmly believing that our nation should be INTRODUCTION OF H.R. 5179, THE not a case of government micro-managingÐ providing more leadership for effective arms REGISTERED NURSES AND PA- this legislation gives nurses the power to say control policies, we seek your help to avoid TIENTS PROTECTION ACT ``NO'' to the forced overtime practices of hos- additional subsidies with federal taxpayer pitals nationwide. We cannot continue to allow monies to promote the conventional arms races that plague our planet. We should be HON. TOM LANTOS hospitals to force nurses to work so many promoting arms control, not arms sales. OF CALIFORNIA hours that the health and safety of patients The complicated legislative history of the IN THE HOUSE OF REPRESENTATIVES are put at risk. I urge my colleagues to join me FSC provision does show that it was in- tended to help U.S. companies to compete Thursday, September 14, 2000 in supporting the adoption of the Registered Nurses and Patients Protection Act. overseas. However, according to the Congres- Mr. LANTOS. Mr. Speaker, today, with our f sional Research Service, in 1997, the United colleague, the Gentleman from Massachusetts States enjoyed a 44% share of the world mar- (Mr. MCGOVERN), I am introducing legislation FSC REPEAL AND EXTRA-TERRI- ket for arms while Great Britain, its nearest that would restrict the ability of hospitals and TORIAL INCOME EXCLUSION ACT competitor, had 17%. In 1998, the United OF 2000 States led in new arms deals with $7.1 bil- other medical facilities to require registered lion, followed by Germany at $5.5 billion. nurses to work mandatory overtime hours as Even the Defense Department has touted the SPEECH OF a normal course of business. Increasingly, em- world market dominance by U.S. companies, ployers, particularly in the health care field, HON. MARK UDALL writing in 1994: ‘‘The forecasts support a continuing strong are requiring employees to work overtime. Our OF COLORADO defense trade performance for U.S. defense legislation is H.R. 5179, the Registered IN THE HOUSE OF REPRESENTATIVES Nurses and Patients Protection Act. products through the end of the decade and Tuesday, September 12, 2000 beyond. In a large number of cases, the U.S. The Fair Labor Standards Act grants nurses is clearly the preferred provider, and there is the right to receive overtime compensation Mr. UDALL of Colorado. Mr. Speaker, I rise little meaningful competition with suppliers even though they are licensed professionals, in opposition to this bill. It is problematic for a from other countries. An increase in the but it does not limit the amount of overtime number of reasons. First, it does not address level of support the U.S. government cur- that nurses can work nor does it permit them concerns laid out clearly in a letter to Deputy rently supplies is unlikely to shift the U.S.

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A14SE8.003 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1481 export market share outside a range of 53 to crease the defense budget. We urge you not WELCOME PRIME MINISTER ATAL 59 percent of worldwide arms trade.’’ to increase this unnecessary subsidy and to BIHARI VAJPAYEE In 1976, Congress decided to reduce the ben- seek ways to reduce the cost to taxpayers of efit for military sales in half, establishing a subsidizing weapons manufacturers. 50% limit on tax benefits. In fact, the Senate Sincerely, HON. SAM FARR provision would have eliminated it alto- Lloyd Doggett, Lynn Wooolsey, George OF CALIFORNIA gether for military goods, ‘‘unless it was de- Miller, Pete DeFazio, Bob Filner, Bar- IN THE HOUSE OF REPRESENTATIVES termined that the property is competitive bara Lee, Barney Frank, Jan with foreign-manufactured property,’’ and Schakowsky, John Tierney, Tammy Thursday, September 14, 2000 the House provision would have terminated Baldwin, Dennis Kucinich, Cynthia Mr. FARR of California. Mr. Speaker, it is a benefits for military sales, ‘‘except if the McKinney, Jerrold Nadler, John Olver, privilege for me to welcome today the Prime products are to be used solely for non- Bill Luther, Major Owens, Lynn Rivers, Minister of India, Atal Bihari Vajpayee, in rec- military purposes.’’ A report from the Joint Jesse Jackson, Jr., Tom Barrett, Ed- ognition of both his leadership in the pursuit of Committee on Taxation at the time shows ward Markey, Bernard Sanders, John that Congress was very concerned with the Moakley, Jim McGovern, Michael democracy as well as his commitment to revenue cost of this program. To increase Capuano, Sherrod Brown, John Con- strengthening relations between the United this benefit now would cost federal taxpayers yers, Stephanie Tubbs Jones, Ted States and India. In his visit to the United an additional $2 billion over the next 10 Strickland, Pete Stark, Mark Udall, States, Prime Minister Vajpayee demonstrates years. This subsidy is unnecessary. As Treas- David Minge, Brian Baird. his people's interest in not only strengthening, ury’s Office of Tax Policy wrote to the De- but expanding the ties between our nations. partment of Defense in December, 1998: The United States and India share common ‘‘[W]e analyzed whether the defense indus- f try receives any benefits or subsidies from goals for the 21st Century: freedom and de- the U.S. government, particularly any bene- HONORING THE MEN OF C COM- mocracy. By working together towards these fits or subsidies that are not generally avail- PANY, 1ST BATTALION 5TH MA- mutual goals, the U.S. and India can build able to other industries. Our analysis indi- RINE REGIMENT, 1ST MARINE DI- strong foundations for peace and prosperity. cates that the defense industry does benefit VISION With peace as a common interest, it is our re- from its special relationship with the U.S. sponsibility to ensure international security and government, and the benefit is arguably regional stability. Prime Minister Vajpayee rep- greater now than in years past . . .’’ HON. DEBBIE STABENOW On the question of doubling the FSC ben- resents a friendship that can further these OF MICHIGAN efit to 100% for military sales, Treasury goals through cooperative programs and wrote in August, 1999: IN THE HOUSE OF REPRESENTATIVES shared visions. ‘‘We have seen no evidence that granting Together, the United States and India rep- full FSC benefits would significantly affect Thursday, September 14, 2000 resent one-fifth of the world's population and the level of defense exports, and, indeed, we Ms. STABENOW. Mr. Speaker, today I more than one-fourth of the world's economy. are given to understand that other factors, honor the men of C Company, 1st Battalion, Therefore, the growing bond between our na- such as the quality of the product and the tions is a positive step for everyone. In par- quality and level of support services, tend to 5th Marine Regiment, 1st Marine Division for dominate a buyer’s decision whether to buy the combat action they valiantly fought on ticular, California's 17th District has a signifi- a U.S. defense product.’’ April 5, 1947, near the village of HsinHo in cant Indian population which could greatly In criticizing some of the continued lar- North China. benefit from improved relations between India gesse the defense industry enjoys in our fed- Mr. Speaker, not many Americans remem- and the U.S. eral budget, the Congressional Budget Office I commend Prime Minister Vajpayee for wrote in 1997: ber that we sent the Marines into China in the aftermath of World War II to disarm the Japa- being the first Indian Prime Minister in six ‘‘U.S. defense industries have significant years to address a joint session of Congress advantages over their foreign competitors nese forces there, protect them from reprisals, and thus should not need additional sub- relieve them from their garrisons and to en- and the only world leader to address the 106th sidies to attract sales. Because the U.S. de- sure that the large quantity of Japanese weap- Congress. Mr. Speaker, I am honored to rec- fense procurement budget is nearly twice ons cached there did not fall into communist ognize Prime Minister Vajpayee. that of all Western European countries com- hands. C Company was literally on the front f bined, U.S. industries can realize economies line of this effort. The Company was attacked of scale not available to their competitors. HONORING MICHAEL McCLIMON, The U.S. defense research and development during the early morning of April 5th by a DIRECTOR OF THE PACIFIC LUM- budget is five times that of all Western Euro- group of Chairman Mao's fighters who were BER COMPANY’S SCOTIA BAND pean countries combined, which ensures that intent on capturing the weapons cached at U.S. weapon systems are and will remain HsinHo and overrunning the Marines there. HON. MIKE THOMPSON technologically superior to those of other With a force estimated at over 300 men, the OF CALIFORNIA suppliers.’’ communists hit upon a lightly guarded outpost More recently, William D. Hartung, Presi- IN THE HOUSE OF REPRESENTATIVES dent’s Fellow at the World Policy Institute, with a defense system designed to fight off an wrote for the Cato Institute in August, 1999, attack until reinforcements arrived. Under Thursday, September 14, 2000 ‘‘If the government wanted to level the play- heavy fire, these Marines pursued this group Mr. THOMPSON of California. Mr. Speaker, ing field between the weapons industry and of communist raiders for over eight miles. As I rise today to recognize a man who has dedi- other sectors, it would have to reduce weap- the Commandant of the Marine Corps de- cated his life to serving his community through ons subsidies, not increase them.’’ He contin- clared in 1998, the actions of C Company, 1st music. Today I join members of Humboldt ued, ‘‘Considering those massive subsidies to Battalion, 5th Marine Regiment were indeed County, California in honoring Michael weapons manufacturers, granting additional ``gallant deeds of brave Marines . . . and a tax breaks to an industry that is being so McClimon and celebrating his twenty-fifth anni- pampered by the U.S. government makes no shining example of honor and commitment.'' versary as Director of the Scotia Band. sense.’’ When the dust had settled on that little ham- The Scotia Band has been an active part of Indeed, Mr. Secretary, it makes no sense. let in north China, America had lost five Ma- the Humboldt County Community for sixty-five But what is much more persuasive than the rines killed in action and suffered 18 wounded. years. Rehearsing nearly every Monday fiscal fairness arguments, is the eloquent Mr. Chairman, a grateful nation will remember evening, each member of the band is highly plea from advocates for peace, such as Oscar our Marines in World War II. We need to re- Arias, the former Costa Rican president and dedicated to the musical service that is the Nobel Peace Prize winner in 1987, who wrote member and honor those who fought and died band's legacy. For the last quarter century, last summer in the New York Times: for this country. The survivors of C Company Mr. McClimon has been the devoted leader of ‘‘By selling advanced weaponry throughout have for years attempted to get official rec- this band. the world, wealthy military contractors not ognition for their Company in addition to the Long an active participant in the musical only weaken national security and squeeze China Service Medal, Purple Hearts and community, Mr. McClimon's role as Director of taxpayers at home but also strengthen dic- Bronze and Silver Star medals awarded indi- the Scotia Band began on September 17, tators and human misery abroad.’’ By encouraging arms sales overseas, this vidually to members of C Company. I think 1975. Mr. McClimon has logged over 1,200 re- subsidy actually elevates the dangers this recognition is long overdue. I rise today to hearsals as Director of the band. To deepen abroad, thus creating more challenges to the declare that the C±1±5 China Marines are to the members' understanding of the composi- maintenance of our own ‘‘military superi- be commended as a unit for their actions of tions, Mr. McClimon often shares anecdotal or ority;’’—and of course more pressure to in- April 5th, 1947. historical stories about the pieces being

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.005 pfrm04 PsN: E14PT1 E1482 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 played or their composers. As a result, the for entering into a commercial contract, and The young couple honeymooned in San Anto- musicians' appreciation for the music is that the naming of arbitrator must be mutually nio, Texas. heightened and their performances are ele- agreed to by both parties. Norman was born in Marlin, Texas. He vated to new levels. The homebuilding industry in particular, I served his country in the U.S. Navy for 4 Mr. McClimon has led the Scotia Band in believe, has used mandatory arbitration years as Gunner's Mate, and graduated with a performances at a variety of community func- clauses in an excessive and harmful manner. B.S. form the University of Houston in 1952. tions throughout Humboldt County in the last For most families, a purchase of a home is the He received his Masters' in Education in 1953. twenty-five years. Some of these events in- largest single investment they will make. It is He also attended San Jacinto College, Univer- clude the Humboldt County Fair, the Rio Dell frequently the largest asset they will ever own. sity of Texas, A&M University and Prairie View Little League Parade, the Fortuna Bicenten- Mandatory arbitration agreements which allow A&M. While in school he was a hard-working nial, the Ferndale Repertory Theater, high homebuilders to avoid court analysis of their man of many talents, earning money as a bus school graduation ceremonies, and memorial building practices has allowed numerous driver, butcher, a carpenter, a chemical oper- services for civic leaders. The band is clearly homebuilders to escape the consequences of ator. After school he worked 11 years at Shell a visible presence in all aspects of social life shoddy workmanship and construction. I have Chemical. He retired after 30 years from the in Humboldt County. personally seen several homes in San Antonio Pasadena Independent School system and as As Director of the Scotia Band, Mr. that were negligently and poorly constructed, a Vocational Director for 17 years. McClimon has maintained its tradition of excel- inflicting serious financial harm on the families As Mayor, Norman Malone has reached out lence in musical service. He is a patient and that purchased these homes. to the people of La Porte, not only through his gifted teacher while continuously holding the My bill the American Home Buyers Protec- elected office, but through grassroots commu- band members to high standards. Mr. tion Act, will make the following reforms to the nity projects as well. While most people know McClimon personifies an excerpt from the 50th mandatory arbitration process as it regards him as ``Mayor,'' many also know him as Anniversary celebration of the Scotia Band in homebuilding purchase contracts: ``Normy'' the Shriner Clown, who is very in- 1985: ``For 50 years the Scotia Band has 1. It will make it illegal for homebuilders to volved with the Masons. served Humboldt County communities. This require agreement to a mandatory arbitration Ann is a painter and a genealogist, who is spirit of dedicated public service enriches all agreement as a condition precedent to enter- known for being multi-talented. She has taught those whose lives are touched. The band ing into a contract for the purchase of a new school in La Porte and Pasadena, Texas, and symbolizes the ideals and traditions that have house. has worked as a librarian. She has owned a made America great.'' 2. It will require mandatory arbitration agree- gift shop, dress shop, and tearoom. Mr. Speaker, it is appropriate at this time ments to be contained on a separate docu- The Malone family has deep roots in La that we recognize Michael McClimon, for he, ment from the underlying contract and to pos- Porte, having lived there now for 41 years. too, symbolizes the ideals and traditions that sess the following plain language statement: The Malone's contributions to the community have made America great. He deserves to be ``By Agreeing to Binding Arbitration You Are are many. Over they years, Ann and Norman honored today, for he has tirelessly and un- Giving Up Your Right To Go To Court.'' have instilled their values and generosity in selfishly served the members of the Scotia 3. It will require mandatory arbitration agree- their children and grandchildren. Ann and Nor- Band and the citizens of Humboldt County for ments to contain a procedure that adequately man raised 3 beautiful children, who all grad- twenty-five years. guarantees the purchaser an opportunity to uated from La Porte High SchoolÐdaughter f participate in the selection of an arbitrator, and Georgia and sons Scott and Todd. Ann and shall require that the selection of the arbitrator Norman's grandchildren are: Jennifer, Jessica, THE AMERICAN HOME BUYERS may only occur after a dispute regarding the Meghan, and Charlie. PROTECTION ACT, H.R. 5033 homebuilding contract has arisen. Mr. Speaker, I am honored to recognize Mr. Speaker I believe the reforms in The Ann and Norman Malone on the occasion of HON. CHARLES A. GONZALEZ American Home Buyers Protection Act are a their 50th wedding anniversary and commend OF TEXAS good first step towards alleviating the abuse of them on a lifetime of achievement. Their com- IN THE HOUSE OF REPRESENTATIVES alternative dispute resolution procedures by mitment not only to one another, but to others Thursday, September 14, 2000 homebuilders. I believe that it is time that Con- as well, is an example for all of us. May the gress take action now to protect American coming years bring good health, happiness, Mr. GONZALEZ. Mr. Speaker, on July 27, I families from arbitration procedures that will and time to enjoy their children and grand- introduced the American Home Buyers Protec- deny them adequate protection of their most children. On this joyous occasion, I am tion Act, H.R. 5033. This bill will make much important purchase, their home. pleased to join their family, friends, and com- needed reforms in the practice of including f munity in saying congratulations and thank mandatory arbitration clauses in homebuilding you. purchase contracts. HONORING THE 50TH ANNIVER- f Mr. Speaker as you may know, mandatory SARY OF NORMAN AND ANN MA- arbitration clauses are now ubiquitous in con- LONE REPORT OF THE NORTHEAST-MID- sumer contracts. These clauses deny con- WEST CONGRESSIONAL COALI- sumers the opportunity to go to court to seek HON. KEN BENTSEN TION redress for damage or harm from a product or OF TEXAS service. Many of these clauses typically name IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL F. DOYLE a private arbitration service. This creates a po- Thursday, September 14, 2000 OF PENNSYLVANIA tential conflict of interest for a private arbitrator IN THE HOUSE OF REPRESENTATIVES that both must neutrally assess the merits of Mr. BENTSEN. Mr. Speaker, I am pleased a case while simultaneously profiting from the to congratulate Mayor Norman Malone and his Thursday, September 14, 2000 continual referral of cases from a particular in- wife Ann Malone of La Porte, Texas, as they Mr. DOYLE. Mr. Speaker, today I apprise dustry. This is a situation that I believe de- celebrate their 50th wedding anniversary on members of the House of issues that were mands immediate redress by Congress. September 15, 2000. Throughout their lives, raised during the May 5th Northeast-Midwest Mr. Speaker, I do not believe arbitration Norman and Ann have provided tremendous Congressional Coalition field hearing I chaired clauses are per se bad. As a former state dis- examples of public service, contributing unself- in Pittsburgh. This field hearing examined the trict judge, I took the lead in bringing alter- ishly to numerous causes while raising a fine future of the U.S. Steel and the role of Tech- native dispute resolution mechanisms to the family. nology, and was held in conjunction with the civil courtrooms of my hometown of San Anto- Ann and Norman are native Texans who U.S. Department of Energy, Office of Industrial nio. But, I do believe that it is wrong to insert have an abiding love for their state and com- Technologies Steel Showcase. I, along with these clauses without the knowledge and prior munity. Representative KLINK, Representative MAS- approval of consumers. I strongly believe that Ann was only 16 years old when she met CARA, and Senator SANTORUM, gathered testi- alternative dispute resolution clauses must be 20-year-old Navy man Norman Malone at a mony from steel company executives and their mutually agreed to and contain plain language party in Denver Harbor, a subdivision of Hous- partners regarding initiatives designed to in- descriptions of their effects. In addition, I do ton, Texas. They were married on September crease the competitiveness of U.S. steel mak- not believe that these clauses should be im- 15, 1950 at Ann's Mother's house in Houston ers by developing advanced technologies for posed on consumers as a condition precedent by the Presbyterian minister from her church. steel production. For the record, I am including

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.009 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1483 an executive summary from the field hearing HONORING REDWOOD COMMUNITY get up at 4:00 A.M. and cover the nightly po- as part of my statement. ACTION AGENCY lice reports-everything evolved from there.'' Jack Parr was ``a jolly soul who never The panelists at the Pittsburgh Steel Show- seemed to see the depressing side of things,'' case field hearing described the role of steel HON. MIKE THOMPSON as Joe Fitzpatrick, a former local reporter, put in the United States economy at the beginning OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES it. His humor and voice will be sorely missed of the 21st century. In compelling detail, Rob- by his daughters, Jacquelyn Parr Pitcher of St. ert Riederer, CEO and President of Weirton Thursday, September 14, 2000 Charles, Illinois and Karen Parr of Burbank, Steel, fleshed out the struggle to surmount Mr. THOMPSON of California. Mr. Speaker, California, as well as the radio audiences of challenges to the continued viability of an in- I rise today in recognition of the 20th Anniver- the Central Coast. dustry that remains as vital today to our na- sary of Redwood Community Action Agency in f tional security and American manufacturing as Eureka, California. Since its establishment in 1980, RCAA has lead the way in serving IN SPECIAL RECOGNITION OF DEP- it has in the past. Paul Wilhelm of U.S. Steel UTY CHIEF CHARLES L. spoke candidly of the need to protect the envi- Humboldt County's low- and moderate-income residents. The agency has developed pro- BIDWELL OF THE BRIGHTON ronment without adversely affecting the indus- grams to help people become more self-suffi- AREA FIRE DEPARTMENT try. Collectively, from the panelists' testimony cient and to improve their own lives. Over the emerged a vision of a bedrock industry com- years tens of thousands of individuals have re- HON. DEBBIE STABENOW petitive in world markets, environmentally and ceived assistance and in return given back to OF MICHIGAN technically advanced, but threatened on two our community. IN THE HOUSE OF REPRESENTATIVES fronts: waves of imports dumped by countries Redwood Community Action Agency has Thursday, September 14, 2000 reeling from constricted domestic markets, successfully competed for grant funds to cre- desperate to prop up exports, and heightened ate jobs, provide affordable housing, assist Ms. STABENOW. Mr. Speaker, today I pay environmental standards at home. In response with housing rehabilitation and improve the en- special tribute to Deputy Chief Charles L. Bidwell for his 50 years of outstanding service to this discussion, members of Congress and vironment. They have provided emergency to the Brighton Area Fire Department. His col- panelists explored the following solutions: shelter for the homeless, job training and em- ployment readiness programs, as well as crisis leagues and friends will be hosting a dinner on tighter enforcement of anti-dumping provi- intervention for Humboldt County youth and September 19 in recognition of his wonderful sions, close monitoring of steel scrap to en- their families. Through their commitment, ex- career. sure the purity of recycled steel, increased pertise, and diligence, they have brought over Deputy Chief Bidwell has been an active, funding for various offices within the U.S. De- $75 million into our community over the past on-call firefighter with the City of Brighton Fire partment of Energy for research and develop- twenty years. Department and the merged Brighton Area ment of new steel production technologies, Redwood Community Action Agency is an Fire Department since September 14, 1950. and tax credits for investment, research, and extraordinary example of success. Through He retired from General Motors Proving development. their collaboration with other organizations and Grounds in Milford, Michigan and served as governmental entities they identify human and Deputy Chief since 1988. Deputy Chief Bidwell It is my hope that all House members will environmental needs, work to improve current was recognized by the City of Brighton Fire take time to read the full report as it contains services, and seize every opportunity to serve Department as Firefighter of the Year in 1987 a host of important information. And as al- low and moderate-income people in our re- and most recently, by the Michigan State Fire- ways, I stand ready to work with my col- gion. men's Association, as Firefighter of the Year leagues on issues in support of the steel in- Mr. Speaker, it is appropriate that we honor for 2000. dustry. the accomplishments of the Redwood Com- Mr. Speaker, the Brighton area is very fortu- munity Action Agency and their success in im- nate to have benefitted from the leadership, EXECUTIVE SUMMARY proving the lives of so many in Humboldt dedication, sacrifice and hard work of Deputy The panelists at the Congressional field County, California. Chief Bidwell throughout his 50 years of serv- hearing at the Pittsburgh steel showcase de- f ice. As the leader in alarm response for the scribed the role of steel in the United States past decade, he has certainly contributed sig- IN TRIBUTE TO JACK F. PARR economy at the beginning of the 21st century. nificantly to the safety and well-being of the In compelling detail panelists like Robert citizens he has served. It is my honor, and in- deed great pleasure, to stand in recognition of Riederer, CEO and President of Weirton Steel, HON. SAM FARR a man who has given so selflessly of his time fleshed out the struggle to surmount chal- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES and energy. lenges to the continued viability of an industry On behalf of the 8th district of Michigan, I Thursday, September 14, 2000 that remains as vital today to national security would like to express my sincere appreciation and American manufacturing as it has been in Mr. FARR of California. Mr. Speaker, I rise for Deputy Chief Bidwell's many immeasurable the past. Candidly Paul Wilhelm of U.S. Steel today to honor a man who has been described contributions. spoke of the need to protect the environment as ``The newsman other newsmen listened f without killing the industry. From the panelists' to''. Jack F. Parr, a long-time resident of Mon- LIVIO PALLA, KERN COUNTY’S 2000 testimony emerged a vision of a bedrock in- terey County in California, passed away on AGRICULTURIST OF THE YEAR dustry competitive in world markets, environ- Monday August 7, 2000, at the age of 77. Born on August 15, 1922, Jack Parr was a mentally and technically advanced but threat- veteran of World War II, where he received HON. WILLIAM M. THOMAS ened on two fronts: by waves of imports the Purple Heart for injuries received on D- dumped by countries reeling from constricted OF CALIFORNIA Day. After serving his nation, he returned to IN THE HOUSE OF REPRESENTATIVES domestic markets, desperate to prop up ex- the Central Coast and began working in radio. ports, and by ever tightening environmental In all, he worked for three separate radio sta- Thursday, September 14, 2000 standards at home. Panelists and Members of tions in Monterey County at different times- Mr. THOMAS. Mr. Speaker, I want to join Congress explored the solutions: increased KMRL, KIDD and KNRY-ensuring that his dis- my friends in the Kern County farm community funding for U.S. Department of Energy Office tinctive voice and thorough reporting would be in honoring Mr. Livio Palla, this year's recipient of Industrial Technologies' Industries of the well-known and loved on the Monterey Penin- of the Agriculturist of the Year 2000. Future research and development of new steel sula and beyond. He could be found at any One of the primary reasons California has production technologies, tighter enforcement event where news was happening, and was a been the nation's premier farm state for dec- central figure for many people in the county. ades is its people. Today, many outside Cali- of anti-dumping provisions, close monitoring of Print news and T.V. news reporters would lis- fornia are surprised to learn California is the imported steel scrap to ensure the purity of re- ten to Jack's morning news report and use his nation's top dairy state, the nation's second cycled steel, and tax credits for investment leads as the agenda for news stories. Before largest producer of cotton and the primary and research and development. the internet, he was the wireless wire for source of almonds, pistachios, table grapes news. Asked how he did it, he would reply ``I and other fruits and vegetables. Americans

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.012 pfrm04 PsN: E14PT1 E1484 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 know Californians have been innovators in try- schools and the need for improved fine arts I thank you, Representative Sanders, for ing new industries, in exporting, in creating ef- programs. empowering me for these few minutes. I ficient ways to use land and resources and in With this in mind we recommend that the would like the legislative body of Vermont United States Government institute a fine to rethink graduated licenses. marketing new products. Often overlooked is a arts framework and curriculum. The Federal key part of the development process: the hard Government should provide resources to HON. BERNARD SANDERS IN THE HOUSE OF work and dedication of California farmers schools to encourage the development of ef- REPRESENTATIVES themselves. This year, Kern County agri- fective fine arts programs. culture honors Livio Palla because we under- The arts convey knowledge and meaning ON BEHALF OF CASEY HUIZENGA AND LUCAS SMITH stand how hard people have had to work to not learned through the study of other sub- REGARDING SCHOOL DRESS CODE—MAY 26, 2000 make California what it is today. jects. They represent a form of thinking and a way of knowing that is based in human LUCAS SMITH: Our topic is school dress Livio Palla has spent over a half century imagination and judgment. Recent statistics codes and in our age legality class that we building dairy and livestock businesses in the show of students who have taken a fine art have in high school we have kind of talked San Joaquin Valley. Starting with 40 cows and credit for four years score 59 points higher in about this topic quite a bit lately. We have 120 acres, he built a family operation that now verbal and 44 points higher on the math sec- been talking about it quite a bit; discussing includes a family full of farmers, dairy and live- tions of the SATs, significant increases. it and everything. Casey and I both feel that stock operations and almonds, cotton, corn, Research also addresses examples of young we should not have dress codes because we alfalfa and apples. He has served on industry people who are considered classroom fail- just think that it is better for children to wear what they want to wear. It is kind of a panels that have built infrastructure Kern ures, perhaps acting out because these stu- dents often become the high achievers in statement for them to wear their clothes. County farmers have been able to use to arts learning settings. Success in the arts be- They chose them, they wear them, so I think make even more progress. comes a bridge to learning and eventual suc- it is a good thing that we can chose our own By giving recognition to the lifetime of work cess in other areas of learning. clothes. and achievement of Mr. Palla, the Kern Coun- The world of adult work has changed and CASEY HUIZENGA: I agree with Lucas. It ty farm community recognizes how important the arts learning experience has shown re- kind of tells us about the person, what they individual efforts can be. It is an important markable consistency with the evolving wear, it expresses how they feel. Like baggy pants, if they want to wear them, let them. message and one I join with many others in workplace. Ideas are what matter and the ability to generate ideas. To bring ideas to And hats and stuff. acknowledging by extending congratulations to life and communicate them is what matters Livio Palla as this year's recipient of the Kern to workplace success. Working in a class- HON. BERNARD SANDERS IN THE HOUSE OF County Agriculturist of the Year. room or a studio as an artist, the young per- REPRESENTATIVES f son is learning, practicing future workplace ON BEHALF OF BRYCE JAMES, WILL W. GUSAKOV behaviors. These quotes came from Arts Ed’s AND JEREMIAH H. SPOFFORD SPENDING FOR ARTS PROGRAMS Webpage. ‘‘Art in all its distinct forms de- REGARDING MARIJUANA LEGISLATION—MAY 26, IN SCHOOLS fines in many ways those qualities that are 2000 at the heart of education formed in the 1990s: Creativity, perseverance, a sense of stand- JEREMIAH SPOFFORD: I will begin. Our HON. BERNARD SANDERS ards, and above all striving for excellence,’’ group is in favor of legalizing the cannabis OF VERMONT and the quote came from Richard Reilly, plant in the United States, okay? We have IN THE HOUSE OF REPRESENTATIVES U.S. Secretary of Education. some extensive research to back it up, but pretty much we have some main points. Thursday, September 14, 2000 Industrial hemp has an insane number of HON. BERNARD SANDERS IN THE HOUSE OF Mr. SANDERS. Mr. Speaker, I rise today to uses. It would be very beneficial for the envi- REPRESENTATIVES ronment to use industrial hemp. And mari- recognize the outstanding work done by par- ON BEHALF OF REMEMBERANCE (REMY) HENRY juana as a drug is on an equal plane with al- ticipants in my Student Congressional Town REGARDING GRADUATED LICENSES—MAY 26, 2000 cohol, so we do not see why it shouldn’t be Meeting held this summer. These participants under the same jurisdiction as alcohol. REMEMBERANCE HENRY: My name is were part of a group of high school students WILL GUSAKOV: About industrial hemp, Rememberance Henry. The State of Vermont it is classified as having less than point from around Vermont who testified about the has passed graduated licenses for teenagers. concerns they have as teenagers, and about three percent THC while marijuana has three Last week I went to the Chelsea prom. Under to ten percent THC, so it is easily distin- what they would like to see the government do this law my girlfriend would not have been guishable. It produces four times as much regarding these concerns. allowed to ride in a car with me and I think pulp per acre as trees and it has longer fibers I am submitting these statements for the this is discrimination against teenagers. Al- than cotton, so it is more easily recyclable. CONGRESSIONAL RECORD, as I believe that the though teens are 8 percent of the population, Trees require decades to grow while hemp views of these young persons will benefit my they account for 15 percent of the motor ve- matures in about a hundred days. And hemp hicle accidents. This is a disturbing statistic, colleagues. helps the soil it is planted in, instead of cot- but I do not think legislation that will not ton which leaches it. There are a lot of eco- HON. BERNARD SANDERS IN THE HOUSE OF allow your friends to ride in the car with me logical values of hemp as an agricultural REPRESENTATIVES will bring down this number. It is underage product. ON BEHALF OF TOM CHICCARELLI, JOHANNES drinking and peer pressure that cause the ac- BRYCE JAMES: To talk about marijuana GAMBA AND JAMES GREENOUGH cidents. as the drug, one of the common myths that We need to address this issue as a social, is presented about marijuana as a drug is REGARDING INCREASED SPENDING FOR ARTS not a licensing problem. We do not empower PROGRAMS IN SCHOOLS—MAY 26, 2000 that marijuana is a gateway drug. People our teenagers as a society. Of course some do say that even if marijuana itself causes JAMES GREENOUGH: I would like to go crazy and do stupid things when finally minimal harm, it is a dangerous substance start off by saying my partners and I are given a license, but they are in the minority. because it leads to the use of harder drugs very happy to be here today to present our What about the majority of us that do not like heroine or LSD, where the fact is that topic. It is on art spending in schools. In ex- speed, do not get in accidents and do not marijuana does not cause people to use hard periment after experiment educators re- drink and drive? drugs. This is a spurious correlation based ported of high school seniors who follow in- I lost friends last winter because of peer upon the theory that presents marijuana as structions to perform a task, only about one- pressure while driving. The driver lost a dare being a causal explanation of statistical as- quarter wrote instructions clear enough for to outrun a truck through a traffic light. sociation with these other drugs, that it someone else to follow them successfully. In Two of my friends died because of that acci- comes about by an increase and decrease in most instances, students left out pertinent dent, yet graduated licensing would not have which drug is prevalent for the time. details or key information. prevented it. The teenager had stolen the car Another myth brought about is that mari- Students are currently lacking in arts edu- from his parents, and this number is re- juana has no medical value where it has been cation. Search Institute and the asset ap- flected in the statistics. I think drunk driv- proved that marijuana has been shown to be proach giving children what they need to ing laws for all citizens of Vermont should be effective in reducing nausea in cancer chem- succeed has identified building blocks of restricted, not just teens. otherapy, and it also stimulates hunger in healthy development that help young people Empower us as teens. We need more of a AIDS patients and reduces interoccular pres- grow up healthy, caring and responsible. Out voice in our lives. Making good decisions be- sure on people with glaucoma. of 100,000 6th to 12th grade youth surveyed, hind the wheel begins by allowing us to There is also evidence that marijuana re- only 19 percent spend three or more hours make decisions within our communities. duces muscle spasticity in patients with neu- per week in lessons or practicing music, the- Teenagers should sit on school boards, we rological disorders, and it has been proven ater or other arts. This is the lowest percent- should have a voice at town meetings and back in 1937 by the presidential administra- age of the 40 developmental assets surveyed. should have the opportunity to practice citi- tion of the time that marijuana has no phys- It reveals the absence of arts in the nation’s zenship before we hit a magic arbitrary age. ical addiction.

VerDate 112000 06:08 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A14SE8.016 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1485 TRIBUTE TO CAPTAIN EDWARD J. IN RECOGNITION OF EDMONDS PRESCRIPTION DRUGS QUIJADA SCHOOL DISTRICT AS ONE OF THE BEST 100 COMMUNITIES FOR MUSIC EDUCATION IN AMERICA HON. DEBBIE STABENOW HON. HOWARD L. BERMAN OF MICHIGAN OF CALIFORNIA HON. JAY INSLEE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON Thursday, September 14, 2000

Thursday, September 14, 2000 IN THE HOUSE OF REPRESENTATIVES Ms. STABENOW. Mr. Speaker, on April 12, I led an hour of debate on the topic of pre- Mr. BERMAN. Mr. Speaker, I rise today to Thursday, September 14, 2000 scription drug coverage for senior citizens. I pay tribute to Captain Edward J. Quijada who read three letters from around the state from Mr. INSLEE. Mr. Speaker, it is with great is retiring from the United States Navy after 30 seniors who shared their personal stories. On pleasure that I commend the Edmonds School years of distinguished service. Captain the 12th, I made a commitment to continue to District for being named one of the Best 100 Quijada. is a community leader, a patriot, a read a different letter every week until the Communities for Music Education in America. businessman and a friend. House enacts reform. That was five months A native of San Fernando, California, Cap- This phenomenal program begins with a ago. Although the House passed a prescrip- tain QuiJada graduated from Loyola strong commitment to music education. Music tion drug bill this summer, I believe it will not Marymount University in 1969 with a Bachelor is not perceived as an extra or optional sub- help most seniors. So, I will continue to read of Business Administration and in 1980 with a ject, but as a core piece of a child's education letters until Congress enacts a real Medicare MBA. His dedication to community service that develops creativity, teaches self-discipline, prescription drug benefit. This week, I will read was evident early in his life, as he chose to enhances abstract thought and adds to a well- a letter from Shirley Radcliff of Gladstone, rounded education. They embrace a philos- work for United Community Effort, Inc., East Michigan. ophy that music education is a valued aspect Los Angeles immediately after graduating col- Together, Shirley and her husband spend of the school curriculum. As with any other lege. He also had a passion for service to his $1,042.36 for their prescription drugs. With the discipline, music courses are taught during the country and he entered Naval Officer Can- Democratic prescription drug plan, they would day and have State Essential Academic save $286.32. Under the Republican plan, didate School in Newport, Rhode Island and Learning requirements. This district offers op- received his commission in November 1969. their costs would remain the same. In other portunities to all students in kindergarten words, the Republican plan would not help Captain Quijada served aboard the U.S.S. Al- through 12h grade. bert David (DE±1050) as Supply Officer and them. was released from active duty in July of 1973. Edmonds School District offers a wide range Before I read Shirley's letter, let me share of music programs. Outside of general music Captain Quijada's many military accomplish- some information with my colleagues. In July, education classes and choir, students have the Kaiser Family Foundation released a Pre- ments include service in several Naval Re- the opportunity to learn instruments, join the gional Contracting Center and Defense Con- scription Drug Trends Chart Book that con- Concert Choir, Orchestra, Concert Band, tains important findings. tract Administration Services Naval Reserve Vocal Jazz and Instrumental Jazz Ensemble in units. He proved himself to be a strong leader middle school. High school students have an In 1996, a third of the Medicare population as the Commanding Officer of both the Gen- even greater breadth of opportunities in Con- had no drug coverage. This means that one eral VTU 1904 and NRCC 419, which was se- cert Band, Orchestra, Choir, Vocal and Instru- third of those beneficiaries had there access lected as the top unit of 41 units at the Naval mental Jazz, Marching Band, Pep Band and to the prescription drugs they needed limited and Marine Corps Reserve Readiness Center special programs such as Theory, History of by their income. Long Beach. Captain Quijada also held the Rock and Roll, Guitar, Percussion Ensemble, Prices are rising and it is becoming increas- position of Deputy/Vice Commander of NR Lo- Steel Drum Ensemble and even African Drum- ingly more difficult for senior to pay for their gistics Task Force, Commanding Officer of the ming. Edmonds School District had the largest medications out of their own pockets. In the AIRPAC SUPPLY 0294 at the North Island number of participants in band, orchestra and past 5 years, the increase in prescription drug Naval Station in San Diego, and Commanding choir of any local school district involved in the expenditures have been 2 to 4 times the per- Officer of Defense Contract Management Dis- 1999-2000 High School All-State Groups. cent changes in expenditure for most other health care services. trict West A919 in Irvine. Throughout his ca- Not only do many students get the chance reer, he received numerous military awards in- to participate, but are they are recognized at National spending for prescription drugs to- cluding two Meritorious Service Medals, a state and national levels for their superior tal- taled $91 billion in 1998, more than double the Combat Action Medal, the Vietnam Service ents. Mountlake Terrace High School was one amount spent in 1990. Prescription drug utili- Medal and the Joint Service Achievement of 15 bands across the nation invited to play zation is the fastest growing component of Medal. He also earned the designation of a at the Essentially Ellington Festival at New health care, increasing at double digit rates qualified Naval Aviation Supply Officer. York City's Lincoln Center. They have re- nearly every year since 1985. ceived top awards at the Reno Jazz Festival Once released from active duty, Captain It is critical that Medicare be modernized to and Clark College Vocal and Instrumental include coverage for this important compo- Quijada applied his knowledge and leadership Jazz Festivals. The combined district high nent. I strongly support the Democratic pro- skills to the private sector. He helped manage school concert choirs recently performed at posal that creates a voluntary, defined benefit. companies including, Dataproducts Inc, Litton Seattle's new performance center, Benaroya Data Systems and TRW, where he was As- Text of letter: ``Enclosed is a copy of the Hall, and will entertain crowds this year at drugs taken and their prices that my husband sistant Division Manager of Subcontracts and Carnegie Hall in New York. Lastly, Edmonds Material for sixteens years. Despite the pres- and I have taken in 1999 (and are still taking orchestra programs have won top honors at in 2000). sures of his professional responsibilities, Cap- the Mercer Island Orchestra Festival and at tain Quijada has remained steadfast in his the University of Idaho Festival in Moscow. ``We are a couple on a fixed income and commitment to public service. He has served cannot afford these drugs that continue to es- These expansive opportunities in music both on the Board of Directors and as Presi- calate. Our income cannot keep up with it. education and superior achievements are well dent of Career Opportunities for Youth, an or- ``Take note: the middle of the first page: 15 deserving of this award. I commend the Ed- ganization which provides scholarships to de- pills of Paxil are $41.99. I cannot afford that monds music education staff for their contribu- serving students. Captain Quijada. is currently and discontinued taking them because of it. tions. They have been recognized as leaders the Executive Vice-President and Chief Oper- in the field by frequent invitations to present at ``And, at the top of page three, a two-month ating Officer of Tresierras Supermarkets. state level conferences. Mr. Speaker, I ask supply of Daypro is $82.53. I no longer take It is my distinct pleasure to ask my col- that this House please join me in recognizing, these either, because I cannot afford them. leagues to join me in saluting Captain Edward honoring and commending the students and ``Something has to be done! At your level! J. Quijada for his outstanding 30 years of staff of the Edmonds School District for being Someday you will be in my shoes. Pray that service to this country, and to congratulate one of the Best 100 Communities for Music you are well and do not need prescription him on his retirement. Education in America. drugs. Sincerely, Shirley M. Radcliff.''

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.019 pfrm04 PsN: E14PT1 E1486 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 HONORING ANN BROWN AS THE ly, thereby reducing dangers to American con- of death by disease among children and ado- LONGEST SERVING CHAIRMAN sumers. lescents; striking more children than asthma, OF THE CONSUMER PRODUCT Chairman Brown has also been personally diabetes, cystic fibrosis, and AIDS combined. SAFETY COMMISSION recognized for her efforts in support of con- Each year more than 12,000 children and sumer safety. The National Safe Kids Cam- teens are diagnosed with cancer and 3,000 HON. BART GORDON paign designated her a ``Champion of Safe die from the disease. OF TENNESSEE Kids.'' The National Association of Govern- These statistics are disheartening. What is IN THE HOUSE OF REPRESENTATIVES ment Communicators has given her its award even more frightening though, is how high as ``Government Communicator of the Year'' these statistics would be without the medical Thursday, September 14, 2000 and on September 20 the American Academy advances made in the last few years. Re- Mr. GORDON. Mr. Speaker, I rise today to of Pediatrics will present her with its pres- search plays a vital role in the fight against commend Ann Brown, the Chairman of the tigious Excellence in Public Service Award for cancer; without it, childhood cancer would be Consumer Product Safety Commission. She her contributions to children's safety. a virtual death sentence. We can proudly say has served as Chairman for more than six and Mr. Speaker, the nation is fortunate to have that because of medical breakthroughs, 70 a half years, since March 10, 1994. She is by such outstanding public servants as Ann percent or more of the children diagnosed far the longest serving Chairman of the CPSC. Brown. She has made the CPSC a model of today will be alive and well 5 years later. The previous record was four years and three effectiveness for other agencies to emulate. I believe we need to continue to support months. Accordingly, it is appropriate today that we cancer research so children will no longer suf- Chairman Brown has compiled an out- recognize and highly commend Ann Brown as fer needlessly. standing record at the CPSC. When she came the longest serving Chairman of the Consumer f to the Agency, she found it virtually moribund, Product Safety Commission. LITERACY INVOLVES FAMILIES the staff dispirited, and its vital safety mission f TOGETHER ACT fallen far from public view. Ann Brown has re- vitalized the Commission by inspiring its staff RECOGNIZING THE 100TH ANNIVER- and gaining wide public recognition for its SARY OF THE NEW REPUBLIC HON. ANNE M. NORTHUP safety message through the publicity she has NEWSPAPER OF MEYERSDALE, OF KENTUCKY generated for the Agency in the national PA IN THE HOUSE OF REPRESENTATIVES media. Thursday, September 14, 2000 Chairman Brown has made the safety of HON. RON KLINK Mrs. NORTHUP. Mr. Speaker, earlier this children a personal priority. Through effective OF PENNSYLVANIA week, the House passed H.R. 3222, the Lit- regulatory action, encouraging voluntary steps IN THE HOUSE OF REPRESENTATIVES eracy Involves Families Together Act, other- by companies, and creating unique public-pri- wise known as the LIFT bill. Passage of this Thursday, September 14, 2000 vate partnerships with industry and other gov- bill not only lifts our spirits, but it will help lift ernmental agencies, she has enhanced the Mr. KLINK. Mr. Speaker, I rise today to rec- the level of excellence in our teachers, which safety of every child in America. ognize The New Republic newspaper on its will benefit our children. Shortly after becoming Chairman, she 100th anniversary. I am especially proud to The LIFT program makes improvements to learned that the strings and cords on chil- pay this tribute, because The New Republic is the Even Start Program. Even Start programs dren's jackets were becoming caught on play- the newspaper of my hometown, Meyersdale, work with adults without GED or high school ground slides and school bus doors and stran- Pennsylvania. diploma and their children to break cycles of gling children. She promptly convened a meet- In 1900, The Meyersdale Republican was illiteracy. It also provides parents with the ing of representatives of the clothing industry founded by Samuel A. Kendall as a contribu- skills they need to be their child's teachers and persuaded them to replace the hazardous tion to the local community. The newspaper and most important advocate. Simply put, the strings and cords with snaps and Velcro. was headed by several capable editors in its LIFT bill stresses the need for teacher profes- When a Commission employee developed the early years who focused coverage on local sional development, the use of scientific re- idea of a baby safety shower to provide gifts concerns like safe sidewalks. As The New Re- search, and expands the program so that that would make a child's first years of life public grew, the business was incorporated as faith-based programs may partner with the safer, Chairman Brown created a partnership the Meyersdale Printing and Publishing Com- federal government to improve literacy skills with the Gerber Corporation to promote these pany. Throughout its long history, has consist- throughout our communities. safety showers across the nation. Working ently provided its loyal subscribers with the Earlier this year, Sharon Darling from the with states and local governments, she local news and events that unite communities. National Center for Family Literacy testified launched an annual ``recall round-up'' to get Growing up in the close-knit town of before the appropriations subcommittee about dangerous consumer products out of con- Meyersdale helped make me the person I am the disconnect between what we know from sumers' homes. She developed a partnership today. I am truly thankful to have grown up in science about how children learn to read and with the US Postal Service to get posters of an area that emphasizes the importance of what teachers practice. Many teachers have the ``most wanted'' dangerous recalled prod- families and of community spirit. It is always admitted their frustration about not being ucts displayed in post offices across the na- heartwarming to return to Meyersdale to visit equipped with the latest informationÐthey tion. with good friends and to meet new ones. I am want training and additional professional de- In keeping with her commitment to the safe- proud to call Meyersdale my home. velopment. That is why LIFT is so important. ty of children, Chairman Brown has given spe- Once again, I urge my colleagues to rise It allows states to use federal money to pro- cial emphasis to the prevention of Sudden In- and recognize The New Republic and the citi- vide training and technical assistance to in- fant Death Syndrome. On her initiative, the zens of Meyersdale on this truly momentous structors in Even Start and other programs Commission issued warnings to parents to re- occasion. Their commitment to family and with a focus on family literacy. In addition to move soft bedding from the cribs of infants community spirit represent the finest qualities providing instruction, LIFT requires the use of under 12 months to avoid the risk of suffo- of Pennsylvania. instructional reading programs which are cation. This year, the Commission developed f based on scientifically-based research. Thanks a program with seven major retailers of baby to our investments in the National Institutes of bedding products to inform parents on how to RESEARCH FOR CHILDHOOD Health, we know how we can best teach chil- keep their babies safe in their beds. CANCER dren to read. This is especially important for Under Ann Brown's leadership, the CPSC children with learning disabilities. has been recognized for its innovative and ef- HON. JOHN SHIMKUS Understanding that children are not the only fective programs. In 1998, CPSC won the OF ILLINOIS ones with learning difficulties, the LIFT bill prestigious Innovations in American Govern- IN THE HOUSE OF REPRESENTATIVES funds research to find the most effective ways ment Award for its Fast-track recall program. to improve literacy among adults with reading The award is given by the Ford Foundation, in Thursday, September 14, 2000 difficulties. We know that family literacy is a cooperation with Harvard's Kennedy School of Mr. SHIMKUS. Mr. Speaker, I rise today to key component to our children being success- Government and the Council for Excellence in emphasize the importance of research and ful. The Even Start program has helped par- Government. Under Fast-track, CPSC gets de- outreach in our nation's fight against childhood ents obtain their high school equivalency cer- fective products off store shelves more quick- cancer. Childhood cancer is the No. 1 cause tificate. By understanding the importance of

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.026 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1487 furthering their own education, parents are employing day laborers to provide services for in our young people the values of hard work, more inclined to become more involved in any third party employer. honesty, discipline, safety, honor, and much their child's education. The LIFT bill builds on Day laborer wages that are equal to those more. Clearly, Boy Scout Troop 224 has the success of the Even Start program, im- paid to permanent employees who are per- worked diligently toward the new Boy Scout proves the quality of the program, and holds forming substantially equivalent work, with House and each member should be very states accountable for the progress of local lit- consideration given to seniority, experience, proud of the facility and all that they have eracy programs. skills & qualifications. achieved. I congratulate Troop 224 on the oc- This Congress is fortunate to have members Wages for job assignment wait-times lasting casion of their new home and challenge the like Congressman BILL GOODLING to shepherd more than thirty minutes. Such wages shall be Troop to continue to strive for excellence in this bill to the floor. Bill has worked diligently at a rate that is not less than federal or state Scouting and in the community. Mr. Speaker, to improve the quality of education programs, minimum wages. I ask my colleagues to stand and join me in whether it is improving elementary school pro- Itemized statements showing deductions celebrating the dedication of the new Boy grams, helping disabled children, or working made from day laborers' wages. Scout Home for Boy Scout Troop 224 of Ot- on adult education programs. Since my time in When a day laborer is hurt on the job, cov- tawa. We wish them the very best now and in Congress, BILL and I have worked closely to- erage of health care costs by the employer the future. gether to stress the importance of scientifically who has requested the services of the day la- f based reading research and to get that infor- borer. EXPRESSING SORROW OF THE mation in the hands of teachers and parents. Enforcement of the ``Day Laborer Fairness HOUSE AT THE DEATH OF THE He is a fine leader on education and we will and Protection Act'' by the U.S. Department of HONORABLE HERBERT H. BATE- miss him when he retires after this year. With Labor. MAN, MEMBER OF CONGRESS the LIFT bill, our families can lift themselves f up and achieve their dreams. FROM THE COMMONWEALTH OF VIRGINIA f A SPECIAL TRIBUTE TO BOY SCOUT TROOP 224 OF OTTAWA, ENSURE EQUAL WAGES AND DUE OHIO ON THE DEDICATION OF SPEECH OF PROCESS FOR DAY LABORERS ITS NEW BOY SCOUT HOUSE HON. MICHAEL BILIRAKIS OF FLORIDA HON. LUIS V. GUTIERREZ HON. PAUL E. GILLMOR IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS OF OHIO Tuesday, September 12, 2000 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. BILIRAKIS. Mr. Speaker, Evelyn and I Thursday, September 14, 2000 Thursday, September 14, 2000 wish to offer our condolences to Mrs. Laura Mr. GUTIERREZ. Mr. Speaker, today I am Bateman and the entire Bateman family on the Mr. GILLMOR. Mr. Speaker, I rise with great introducing the ``Day Laborer Fairness and passing of our colleague and friend, Con- pleasure today to pay special tribute to a truly Protection Act,'' a bill to ensure equal wages gressman Herbert Bateman. outstanding organization from Ohio's Fifth and due process for day laborers. Twenty-five It is appropriate that Congressman Bateman Congressional District. This Sunday, Sep- representatives have joined me as original co- represented the historical First District, be- tember 17, Boy Scout Troop 224 of Ottawa, sponsors of this important legislation. cause he was not only an exemplary rep- Day laborers are individuals who are hired Ohio will celebrate an historic and remarkable resentative on behalf of his constituents, but a by agencies to work on a day-to-day basis for event. They dedicate the new Boy Scout leader who has served both his colleagues in employers who pay for the services of tem- House, which will serve as the new head- the Congress and the American people with porary laborers. Day labor is not of a clerical quarters for Troop 224. great distinction. Herb and I were freshmen or professional nature. Most day laborers per- Boy Scouting in Ottawa, Ohio has a long congressmen in the class of 1983. It is a tes- form construction, warehouse, restaurant, jani- and rich tradition. Sponsored by the Ottawa tament to Congressman Bateman's longevity, torial, landscaping or light industrial workÐ Kiwanis Club for some sixty-eight years, Boy and the bipartisan respect he was able to gar- usually for the minimum wage. Scout Troop 224 and Cub Scout Pack 224 ner, that he served so effectively in this body In the absence of federal guidelines, day la- have become staples of the community and for eighteen years. borers are often subjected to long, unpaid have served the area with great pride and dis- Herb Bateman was an integral part of the wait-periods before being assigned to a job. tinction. Currently, there are 89 Boy Scouts in restoration of America's armed forces after Commonly, these workers also face dan- Troop 224 and 150 Cub Scouts. These fine years of decline. His commitment to the mili- gerous working conditions and are paid lower young men are part of the family of more than tary began with his service in the United wages than full-time workers performing the 900 boys who have participated in Scouting in States Air Force during the Korean War. As a same or similar jobs. Further, day laborers are Ottawa. member of the House Armed Services Com- frequently charged high (often undisclosed) Known not only as the largest Boy Scout mittee, and later, as Chairman of the Sub- fees for on-the-job meals, transportation to Troop in the Black Swamp area, Troop 224 committee on Military readiness, his efforts and from job sites and special attire and safe- has turned out 109 Eagle Scouts over the were key to restoring the ability of our men ty equipment necessary for jobs. years. In fact, three Boy Scouts from Troop and women in uniform to perform their duty Partially due to these unfair labor conditions, 224 have achieved the National Court of and reestablish their position as the pre- many day laborers are caught in a cycle of Honor Award for Lifesaving. Troop 224 under- eminent military force in the world today. I was poverty. A recent study by the University of Illi- takes a myriad community service projects in- able to see Herb's commitment to the military nois Center for Urban Economic Development cluding the Scouting for Food campaign, land- first hand as we traveled together to meet with found that 65 percent of 510 surveyed day la- scaping projects for the village of Ottawa and our men and women in uniform serving with borers receive $5.15 per hour. Taking into local churches and schools, safety programs, NATO as they defended freedom and democ- consideration the number of hours spent wait- and nature activities. racy in Europe. His commitment and concern ing to be assigned to work (of-ten between 1.5 Now, Boy Scout Troop 224 prepares for one for the young people in the armed forces was and three hours), the real value per hour of of its biggest celebrationsÐthe opening of its unparalleled, and it was clearly visible to any- work is reduced to less than about four dollars new Boy Scout House. The new facility will re- one who spoke with him. per hour. This low figure does not reflect place the current home, which was built in the His distinguished record was not limited to a transportation and food and equipment fees, mid 1930's and has served Troop 224, for focus on the military. Congressman Bateman's which are often deducted from day laborers' decades. The old facility, once shared by the support of NASA and the United States' com- wages. Boy Scouts and Girl Scouts, will give way to mitment to space helped advance and ensure To address these problems, this Act in- the new 2,400 square foot facility. The new our leadership in science and technology. His cludes the following definitions and require- home for Troop 224 includes several separate commitment to the environment led to the ments: rooms, storage space for supplies and equip- cleanup of the Chesapeake Bay, allowing its Day laborer is defined as an individual who ment, and space for Troop and Pack meet- beauty to be preserved for the enjoyment of contracts for employment with a day labor ings, Blue and Gold banquets, and Courts of future generations. And these are but a few of service agency. Honor. his legislative achievements. Day labor service agency is defined as any Mr. Speaker, Boy Scouting is truly one of On a personal note, I had the pleasure of person or entity engaged in the business of America's longest-standing traditions. It instills spending time with Herb and his wife Laura

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.026 pfrm04 PsN: E14PT1 E1488 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 during the Republican Convention in August. the City of Roseville, in my district in Cali- forcement, and city management. Its railroad Evelyn and I enjoyed the time we spent with fornia, Mr. Robert L. Doyle. After a lifetime of past blends with its newer high-tech industry them, and as grandparents ourselves, we dedication and service, my good friend Bob and thriving retail centers. Its residential areas could tell that they were looking forward to his Doyle passed away on August 21 at 8:47 p.m. include dynamic new developments as well as impending retirement in order to spend more He was 81 years old. historic neighborhoods. In short, Roseville has time with their two children, Laura Margaret From the time he was born in his family's experienced many great changes and Robert and Herbert Jr., Herbert Jr.'s wife Mary, and home in 1919 until his death, Bob was a fix- Doyle seemed to be at the heart of them all. their three grandchildren Emmy, Hank, and ture in Roseville. After graduating from Rose- He will be sorely missed. Sam. ville High School in 1937, he went to work on May you rest in peace, Bob. The American people were the beneficiaries the family farm where he expected to remain f of Congressman Bateman's lifetime of public for the rest of his life. However, in 1953, he service, a commitment that spanned five dec- reached a turning point in his career. His fa- INTRODUCING THE SMALL ades. He was a great statesman, and I will ther, who along with a group of other local BUSINESS LIABILITY RELIEF ACT miss him personally, this nation will miss his farmers had formed the Roseville Telephone leadership. However, his legacy lives on in ev- Company 26 years earlier, asked him to take HON. MICHAEL G. OXLEY erything from the U.S. space program to our over the struggling business. OF OHIO military, as well as many other achievements What started out as a temporary stint to set IN THE HOUSE OF REPRESENTATIVES Roseville Telephone on the right course too numerous to name. The fruits of his labor Thursday, September 14, 2000 will continue to benefit generations of Ameri- turned into a lifetime of building both the com- cans to come, and they will honor his memory. pany and the community. In 1953, Roseville Mr. OXLEY. Mr. Speaker, today I am intro- f Telephone was a company serving 3,777 cus- ducing, along with a bipartisan group of origi- tomers, employing 47 workers, with revenues nal cosponsors, the Small Business Liability CALIFORNIA’S SESQUICENTENNIAL of $210,000. It is now a highly successful, ex- Relief Act to provide long overdue liability pro- tection to individuals, families and small busi- SPEECH OF panding business with annual revenue above $140 million and more than 700 employees. In ness owners who are innocent parties that HON. MAXINE WATERS 1995, the Roseville Communications Company have been wrongly and unfairly trapped in the OF CALIFORNIA was formed, becoming the parent company of litigation nightmare of the Superfund program IN THE HOUSE OF REPRESENTATIVES Roseville Telephone and other subsidiaries. for two decades. Superfund badly needs to be Wednesday, September 13, 2000 Bob Doyle acted as president of the Roseville reformed to provide liability relief for innocent parties. Ms. WATERS. Mr. Speaker, I rise today to Telephone Company until retiring from that post in 1993. He did, however, remain as Today, I am saying enough is enough. It is congratulate the State of California on the oc- time to provide relief to Barbara Williams, the casion of California's SesquicentennialÐthe Roseville Communications' chairman of the board of directors until retiring just one day former owner of Sunny Ray Resturant in 150th Anniversary of California's Statehood. Gettsyburg, Pennsylvania and to Greg California is home to a diverse and resourceful before his death. Besides his own hard work and determina- Shierling, the owner of two McDonald's Res- people with a rich and colorful history. I rep- tion, Bob Doyle's management success was taurants in Quincy, Illinois, as well as thou- resent the 35th District of California, a district due in part to his talent for hiring good people sands of others just like them whose only which includes residents of African-American, and allowing them to do their job. He made ``crime'' as small business owners was send- Latino, Asian, Native American and European his employees and shareholders feel like they ing ordinary garbage to the local dump. descent. My district is as rich in diversity and had a personal stake in Roseville Telephone. This bill only provides relief to innocent resourcefulness as the great State of Cali- He also made people feel that way about the small businesses who never should have been fornia itself. brought into Superfund in the first place. First, The 35th District of California includes sev- Roseville community at large. In addition to his it provides liability protection to small busi- eral communities in South Central Los Ange- leadership at the company, Bob Doyle was in- nesses who disposed of very small amounts les as well as the cities of Inglewood, Gardena volved in numerous civic and professional or- of (110 gallons or 200 pounds) of waste. Sec- and Hawthorne. South Central Los Angeles is ganizations. Among the local clubs he be- ond, it provides relief for small businesses a community of resourceful people and small longed to were the Roseville Masonic Lodge who dispose of ordinary garbage. Third, it pro- businesses. Gardena is a racially diverse and No. 222, Scottish Rite Bodies of Sacramento, vides shelter from costly litigation for small economically vibrant city. Hawthorne is a cen- Shriners, Loyal Order of the Moose Lodge, businesses who dispose of de minimis ter of technology and a home to the aero- and the Elks Lodge. He also served as presi- amounts of waste and who otherwise face se- space industry. Inglewood is at the center of dent of the Roseville Chamber of Commerce. Outside of Roseville, Bob Doyle was also rious financial hardship. a growing Los Angeles region close to Los recognized for his leadership in the tele- It is my strong belief that we can pass this Angeles International Airport. Its predominantly communications industry. He was involved bill with overwhelming bipartisan support so black and Latino students are known for edu- with the Independent Telephone Pioneers As- that countless others can be spared the litiga- cational achievement and academic excel- sociation and served as president of the Cali- tion nightmare that has already hit so many of lence. It is also home to the Los Angeles fornia Telephone Association of Sacramento. America's small businesses. Forum sports arena. All the cities in the 35th It is also important for me to recognize that f district are home to hard-working, creative, en- Bob's career of service included time in the ergetic and resourceful people and numerous U.S. Army Medical Division during World War CONCERNING THE BOY SCOUTS OF successful small businesses. II. AMERICA Mr. Speaker, the people of 35th District of On a personal note, I had the opportunity to California are dedicated to economic and edu- SPEECH OF work with him closely to address two of the cational development, and they are proud of Sacramento region's most vital needsÐim- their history and their heritage. I look forward HON. MARSHALL ‘‘MARK’’ SANFORD proved flood control and an increased water to continuing to represent them as they look OF SOUTH CAROLINA supply. Over the years, as we worked to advo- forward to the next 150 years of history as IN THE HOUSE OF REPRESENTATIVES cate the construction of the Auburn Dam, I de- residents of the great State of California. veloped an even greater admiration and re- Tuesday, September 12, 2000 f spect for Bob. Robert Doyle was not only a Mr. SANFORD. Mr. Speaker, on Tuesday, I TRIBUTE TO MR. ROBERT L. community leader, but he was also a great voted against H.R. 4892, the bill to repeal the DOYLE friend. Boy Scouts of America Charter. I have a per- He is survived by his wife, Carmen, three sonal stake in this debate. As a boy, I bene- HON. JOHN T. DOOLITTLE children and five grandchildren. While we join fited from everything the Scouts had to offer. his family and friends in mourning his passing, While I worked my way towards earning the OF CALIFORNIA we also celebrate his life and cherish our as- rank of Eagle, I learned the lessons of leader- IN THE HOUSE OF REPRESENTATIVES sociations with him. He clearly left his mark on ship, trustworthiness, loyalty, and more. Addi- Thursday, September 14, 2000 all of us. Roseville, which was once a sleepy tionally, the memories I have, of sharing my Mr. DOOLITTLE. Mr. Speaker, today I wish railroad town, is now a vibrant, well-planned interest in the outdoors with other boys my to remember and honor one of the pioneers of community with award-winning parks, law en- age will be with me for the rest of my life.

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.029 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1489 I opposed this bill for two reasons. Number ESTUARY RESTORATION ACT OF ly stated that Congress needs to act this year one, I do not believe it is right to single out an 2000 to make good on the promise of a fairer deal individual group in legislative remedies. If for these people who helped America win the SPEECH OF change in any area of law occurs it should Cold War. This is a very important matter for our coun- apply to all affected, not as, in this case, with HON. NITA M. LOWEY try. It's particularly important for many Colo- only the Boy Scouts. It does not make sense OF NEW YORK radans because our state is home to the to repeal the Scouts' charter and leave in IN THE HOUSE OF REPRESENTATIVES Rocky Flats site, which for decades was a key place charters for groups such as the Society Tuesday, September 12, 2000 part of the nuclear weapons complex. Now the of American Florists and Ornamental Horti- Mrs. LOWEY. Mr. Speaker, I rise today in site's old military mission has ended, and we culturists, National Ski Patrol System, Aviation strong support of H.R. 1775, the Estuary Res- are working hard to have Rocky Flats cleaned Hall of Fame, or any of the roughly 90 other toration Act. This important piece of legislation up and closed. But while we work to take care groups who hold charters. provides a strong framework and strategy for of the site, we need to work just as hard to protecting, maintaining and strengthening the take care of the people who worked there. If Ms. WOOLSEY'S bill repealed all federal The people who worked at Rocky Flats and charters, it might represent a legitimate de- nation's estuaries. Estuaries are essential and fragile eco- the other nuclear weapons sites were part of bate, unfortunately, this bill has a more narrow systems that deserve a comprehensive plan to our country's defense just as much as those scope. According to a report published by the ensure their long-term viability. They are home who wore the uniform of an armed service. Library of Congress, the chartering by Con- to thousands of species of aquatic plant and They may not have been exposed to hostile gress, of organizations is essentially a 20th animal life. They are also some of the most fire, but they were exposed to radiation and century practice and does not assign the productive commercial fisheries in the world. beryllium and other very hazardous sub- group any governmental attributes. The report And, millions of Americans flock to estuarine stancesÐand because of that some have de- veloped serious illnesses while others will de- continues by stating, that the attraction of areas for vacations and recreation. The legislation we are considering today velop such illnesses in the future. Unfortu- charter status for national organizations is that nately, they haven't been eligible for veterans' it tends to provide an ``official'' imprimatur to gives us another tool to use for estuary pres- ervation and restoration. This bill streamlines benefits and have been excluded from other their activities. With these facts in mind, in federal programs because they technically financing for estuary projects and integrates 1989, the House Judiciary Committee decided worked for DOE's contractorsÐand for far too existing federal and non-federal programs. to impose a moratorium on granting new char- long the government was not on their side. The bill also gives priority to those estuaries That has changed, I'm glad to sayÐthe De- ters. currently part of a management plan or pollu- partment of Energy has reversed its decades- However, the bill does not address this tion mitigation plan. This is so important that old policy of opposing workers claims. point, instead it focuses solely on the Boy my colleague, ROSA DELAURO, and I intro- I strongly supported that amendment be- Scouts. The intend of the bill is to pressure duced H.R. 1096, to provide special funding to cause, as Len Ackland, writing in the Denver the Boy Scouts to change their practices, States for implementation of national estuary Post, has correctly said, ``The shape of such which brings me to my second point. conservation and management plans. I hope legislation will determine whether or not this that with the passage of this legislation we can nation, through its political leadership, will fi- The First Amendment provides all Ameri- continue to provide the funding necessary to can's the right of association. Whether a group nally accept responsibility for the physical truly safeguard these essential natural re- harm to thousands of the 600,000 workers re- preaches race-based hatred or the teachings sources. cruited to fight the cold war by producing nu- of Christianity, their right to gather together Unfortunately, I can also tell you, from re- clear weapons.'' has continually been protected by our nation's cent experience, about the tenuous nature of So I was encouraged when the House courts. In fact the courts have already ruled on estuaries. Many of my constituents live near adopted that amendment and went on record the practices of the Boy Scouts. State courts and fish from Long Island Sound. The Sound, as saying that now is the time for the Con- in California, Connecticut, Oregon, Kansas, until recently, was the third largest lobster fish- gress to accept that responsibility. Adoption of and the U.5. Court of Appeals for the Seventh ery in the United States, behind Maine and the amendment signaled that the House rec- Massachusetts. But the last two seasons have Circuit have ruled in the Boy Scouts favor. ognized this to be a matter of high priority and been a disaster for the Long Island Sound that it was important for Congress to pass leg- On June 28, 2000, the Supreme Court af- fishery. All of the lobsters in Long Island islation this year to create an efficient, uniform, firmed the Constitutionally protected right of Sound have died. Lobster harvesters are find- and adequate system of compensation for the Boy Scouts to set its own standards for ing their traps empty and their lives thrown these civilian veterans of the cold war. membership and leadership. In his ruling Chief into turmoil. The cause of this die-off is being But that amendment was only a very mod- Justice Rehnquist stated, though alternative studied and investigated, and it reinforces the est first step. Since its adoption, both the lifestyles are becoming more socially accept- need for greater protection of the nation's es- House and Senate have completed initial ac- able, ``this is scarcely an argument for denying tuary habitats. tion on the defense authorization billÐand the I am a proud cosponsor of this legislation bill as passed by the Senate includes a sepa- First Amendment protection to those who and I urge my colleagues to support it. rate title, Title 35, that would set up a com- refuse to accept these views,'' he continued. f pensation system for these workers who ``The First Amendment protects expression, be played such a vital role in winning the Cold it of the popular variety or not.'' This decision, BILL TO COMPENSATE POISONED War. That title, and the other differences be- once again, reaffirms the Boy Scout's First NUCLEAR WORKERS tween the House and Senate versions of the Amendment rights. defense authorization bill, are now being con- This bill attempts to circumvent the courts HON. MARK UDALL sidered by a conference committee. OF COLORADO I am sure that this Senate-passed legislation ruling by forcing the Boy Scouts to change could be further refined. But we are rapidly their practices or else lose their charter. Upon IN THE HOUSE OF REPRESENTATIVES Thursday, September 14, 2000 nearing the end of this Congress, and time is reflection, I have come to agree with Chief of the essence. That is why, along with more Justice Rehnquist and the Supreme Court's, Mr. UDALL of Colorado. Mr. Speaker, I am than 100 of our colleagues, I have strongly ruling, it should not be the federal govern- today introducing another bill dealing with the urged the House's conferees to agree to this ment's role to alter the Boy Scout's values. pressing matter of providing compensation part of the Senate bill. I remain convinced that More significantly, the, Boy Scout case is ulti- and care for current and former nuclear-weap- having the Senate-passed legislation included mately about something much bigger than ons workers made sick as a result of their on- in the conference report on the defense au- job exposure to radiation, beryllium, and other scouting, it was a decision of whether or not thorization bill would be the very best way to dangers. Let me explain why I am doing so at our Constitutional right of association should take the essential first step toward the vital this time. goal of doing justice to these workers. remain intact. Passing this bill would have had Earlier this year, I joined in supporting the However, some questions have been raised just the opposite effect and for this reason, I Whitfield amendment to the Defense Author- about the details of that Senate-passed legis- voted against the bill. ization bill for fiscal year 2001. That amend- lationÐand, next week, there will be a Sub- ment, which was adopted by the House, clear- committee hearing in the Judiciary Committee

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.033 pfrm04 PsN: E14PT1 E1490 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 to examine the pending House legislation The compensation in this bill is modeled even though it is clear from their job types dealing with this subject. There already are a on the coverage federal employees can re- that their health may have been endangered number of pending House bills. Most notably, ceive in the Federal Employees Compensa- by radiation. For these special exposure situ- tion Act. Compensation decisions are to be ations, the bill provides that workers can be there is H.R. 4398, introduced by our col- based on science and expert judgment, and placed by the HHS into a ‘‘special exposure league from Kentucky, Mr. Whitfield. I am a dose information is to be used where it is cohort’’ that can be compensated for certain cosponsor of that bill and I think it would be known or can be estimated. As with FECA, types of cancer enumerated in the amend- highly desirable for that bill to be signed into compensation under this bill would be man- ment. Members of the ‘‘special exposure co- law. datory spending and benefits are tax exempt. hort’’ are eligible for the same compensation However, until now the Senate-passed leg- CBO has scored Title 35 of the Senate’s De- as workers in the previous section. Because islation technically has not been pending be- fense Authorization bill at $2.3 billion over 5 of the unmeasured, probably large, internal fore the Judiciary Committee because it was years and $3.7 billion over 10 years. radiation doses which they received, and the Three federal agencies would be involved passed as an amendment to the defense au- lack of monitoring, protection, or even warn- in the program. The Department of Labor, ing given by DOE to them, certain employees thorization bill rather than as a free-standing which already administers FECA, would han- at the DOE gaseous diffusion plants are measure. dle the administrative processing of claims, placed in the ‘‘special exposure cohort’’ by So, along with a number of other Members appeals, and payments. The Department of law under the bill. It was the public outcry who are joining as cosponsors, I today am in- Health and Human Services (HHS), which over the deliberate deception of these em- troducing a bill that combines elements of the currently oversees radiation and beryllium ployees by the DOE and its contractors con- Whitfield amendment to the defense authoriza- health effects research at DOE sites, would cerning workplace radiation risks that led tion billÐnamely, the findings spelling out the oversee the scientific decisions that must be the Administration to propose the bill on background and the need for legislationÐand made. The DOE, which has the detailed in- which Title 35 and this bill are patterned. formation on and access to workers, is to Lump Sum Payment Option. All of the above the substantive provisions of Title 35 of the play an advocacy role in informing workers classes of workers, if they are disabled, and Senate amendment to that same defense au- of the programs and facilitating information their survivors, if the workers die before thorization bill. flow to the Department of Labor. being compensated, would be able to choose I am doing this so that the Judiciary Com- Hazards and Coverage: Beryllium: Beryl- a one-time $200,000 lump plus medical bene- mittee will have the fullest possible opportunity lium is a non-radioactive metal that can fits in lieu of lost wages and ongoing medical to consider these provisions at next week's cause an allergic reaction that ,severely benefits described above. This option is in- hearing. My hope is that as a result the Judici- scars the lungs. Beryllium lung damage has tended mostly for elderly, retired workers, unique characteristics and can be traced spe- ary Committee members who are also con- or for survivors of deceased workers. cifically to beryllium exposure. The first Administrative Provisions. There are provi- ferees on the defense authorization bill will sign of the allergic reaction is beryllium sen- sions in the bill against receiving lost wages join the other House conferees in agreeing to sitivity, which sometimes progresses to or lump sum payments for more than one inclusion of these provisions in the conference chronic beryllium disease. Beryllium sensi- disability or cause of death. Benefits under report. I think that will provide the best oppor- tivity must be medically monitored, but is other Federal or state worker compensation tunity to achieve enactment this year of an es- not disabling. Chronic beryllium disease can statutes for the same disability or death sential first step toward providing a long-over- disable or kill. Under Title 35 and this bill: would be deducted from any benefits under due measure of justice. I know that more will Workers who can show beryllium sensi- the bill. Title 35 and the bill also contain tivity (or who have chronic beryllium dis- remain to be done, but it will lay a good foun- language making payment under the amend- ease but are not disabled) would be eligible ment the exclusive remedy for all liability dation on which to build in the near futureÐ to have the medical costs of monitoring by DOE and its contractors. For vendors, ac- something that I hope to be able to do begin- their condition paid by the Federal govern- ceptance of payment under this program ning next year. ment. would waive the right to sue, but employees Workers who contract chronic beryllium DIGEST OF PROVISIONS OF BILL who seek court relief would have to file with- disease and who die or are disabled could Title: Energy Employees Occupational Ill- in 180 days of the onset of a beryllium or ra- also receive lost wage benefits, in addition to diation related disease. ness Compensation Act of 2000 (based on medical costs. Title 35, Senate Defense Authorization Act, Other Toxic Substances: The bill does not Radiation: Radiation in high doses has been provide federal compensation for health ef- FY 2001). linked to elevated rates of some types of can- Background: After decades of denials, the fects from exposure to other toxic substances cer. Unlike beryllium illness, it is not pos- in the DOE workplace, but does authorize Administration has conceded that workers sible to look at a tumor and know for sure who helped make nuclear weapons were ex- DOE to work with States to get workers that radiation in the workplace caused it. with these health effects into State worker posed to radiation and chemicals that caused Scientists have determined the doses at cancer and early death. Secretary of Energy compensation programs. DOE will maintain which certain cancers in workers in certain an office to review claims and advise con- Bill Richardson is leading the Administra- age groups can be confidently be said to be tion’s efforts to pass as comprehensive a bill tractors not challenge claims deemed meri- radiation caused. These data on radiation torious by DOE. as possible in this Congress. The Administra- dose and cancer form the basis in the bill for tion offered a preliminary bill in November compensating workers who have adequate f 1999 (HR 3418) through Representative Paul dose records, as follows. Kanjorski. After releasing a National Eco- Workers who have a specified radiogenic THE INTRODUCTION OF LEGISLA- nomic Council Report in April 2000 which cancer that is determined to be work-related TION TO CREATE AN ADMINIS- outlined the science and policy reasons for under HHS guidelines, but who are not dis- TRATIVE LAW JUDGE CON- implementing a federal workers comp sys- abled, could have their medical costs of their FERENCE OF THE UNITED tem for nuclear weapons workers, Represent- cancer treatment paid by the Federal gov- STATES ative Whitfield, and many cosponsors, intro- ernment. duced HR 4398, a comprehensive bill which Workers who have a work related cancer, covers radiation, beryllium silica, hazardous as established under the HHS guidelines, and HON. GEORGE W. GEKAS chemicals and heavy metals. who are disabled or dead, could also receive OF PENNSYLVANIA New Bill/Senate Amendment: The Udall of lost wage benefits, in addition to medical IN THE HOUSE OF REPRESENTATIVES Colorado bill incorporates the provisions of costs. the Energy Employees Occupational Illness Silicosis: Miners at the Nevada Test site Thursday, September 14, 2000 Compensation Act of 2000, which was adopted drilled underground tunnels through hard Mr. GEKAS. Mr. Speaker, I am today intro- on the Senate floor as an amendment to the rock for the placement of nuclear weapons ducing legislation to establish the Administra- Defense Authorization Act for fiscal year devices that were subsequently tested. DOE 2001. It provides for payment by the Federal failed to adequately control exposure to sili- tive Law Conference of the United States. government of lost wages and/or medical ca dust and 20 percent of the workers America's administrative law judges occupy costs for employees who died or whose health screened by a DOE medical screening pro- an important place in American government, was damaged by exposure to beryllium, radi- gram at the Nevada Test Site have found sil- adjudicating federal agency decisions that af- ation or silica while working for the defense icosis, a disease that causes irreparable scar- fect nearly every American. Administrative of the United States through defense nuclear ring of the lungs. Law judges conduct formal proceedings, inter- programs of the Department of Energy Workers with Non-Existent Radiation pret federal and state law, apply agency regu- (DOE) and its predecessor agencies. These Records. Many worker dose records in DOE health hazards were special to DOE and to are flawed, but this amendment requires lations, and ensure the fair implementation of nuclear weapons, which require both beryl- HHS to estimate dose, where records exist a broad range of federal agency policies. lium-containing components and radioactive and it is feasible to do so. In some cases, Since passage of the Administrative Proce- materials and drilling of tunnels under the though, it is not feasible to reconstruct what dure Act, the importance of administrative law Nevada Test Site. radiation dose a group of workers received, judges and their impact on everyday life has

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.035 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1491 steadily grown in conjunction with the in- confidence in this form of investment. The CONGRATULATING THE PEOPLE creased scope and significance of modern adoption of the REIT Modernization Act by this OF THE REPUBLIC OF CHINA ON regulation. Congress, a bill I cosponsored and worked for, THEIR NATIONAL DAY, OCTOBER Today, administrative law judges annually will continue the trend toward allowing REITs 10, 2000 handle thousands of cases with economy, dis- to remain competitive and flexible in today's patch and uncommon professionalism. The marketplace. HON. ROBERT A. UNDERWOOD creation of an Administrative Law Judge Con- In closing, Mr. Speaker, I wish to congratu- OF GUAM ference will bring further economy and effi- late the REIT industry on their 40 years of IN THE HOUSE OF REPRESENTATIVES ciency to the administrative legal process. It leadership in the economic marketplace, and Thursday, September 14, 2000 will do so by enhancing the judicial perform- ance, status and legal training of administra- their national association for their effective Mr. UNDERWOOD. Mr. Speaker, as we tive law judges by establishing recurrent edu- leadership on federal and state issues impor- may recall, the island of Taiwan was hit by a cation programs that will sharpen the legal tant to the industry. I look forward to con- devastating earthquake last year on Sep- focus of administrative law judges while en- tinuing to work with them on issues of impor- tember 21. Thousands lost their lives and hancing understanding of broader administra- tance to REIT investors. damage costs ran into the hundreds of mil- tive adjudicatory trends. The Conference will lions. In what was already becoming troubling not be the sole repository of this knowledge, f economic times, that prospering island nation however. Rather, the bill requires the Con- was nearly brought to its knees. We who are ference to annually submit its findings to Con- CONGRATULATING THE WATKINS Taiwan's regional neighbors know that, prior to the earthquake, the people of Taiwan were gress, where representatives of the American MILL HIGH SCHOOL BOOSTER getting ready to celebrate their most important people can review the findings of the Con- CLUB public holiday on October 10th affectionately ference and formulate policy to ensure the op- known as ``10±10,'' Taiwan's National Day is timal function of the administrative legal proc- celebrated with the same sense of loyalty and ess. HON. CONSTANCE A. MORELLA patriotism, the same sense of pride, and with The creation of an Administrative Law OF MARYLAND the same gusto as we celebrate our most im- Judge Conference will bring an increased IN THE HOUSE OF REPRESENTATIVES portant public holiday, the Fourth of July. measure of uniformity and efficiency to federal Imagine then how pained, how joyless and agency adjudication, enhance the status and Thursday, September 14, 2000 how sad the people of Taiwan must have performance of administrative law judges, and been to find themselves in the midst of over- promote public confidence in the administra- Mrs. MORELLA. Mr. Speaker, today I honor whelming tragedy instead of joyous celebra- tive legal process. and congratulate the students, parents, and tion. I urge your support of the bill. faculty of Watkins Mill High School. I would A year has passed, and like the rest of the f like to especially acknowledge The Watkins world, the Republic of China has stepped into Mill Booster Club, a group of devoted parents the 21st century. Their recovery from the 40TH ANNIVERSARY OF REAL and community members who have formed a ESTATE INVESTMENT TRUSTS earthquake has been slow and steady, and partnership to support and enrich all extra- some signs of the devastation still remain. Re- curricular activities at the school. Their gen- construction and rebuilding of their economy is HON. RICHARD E. NEAL erous efforts benefit the school's athletics, progressing so that now they can mark the an- OF MASSACHUSETTS academic programs, performing arts, and niversary of earthquake with solemnity and yet IN THE HOUSE OF REPRESENTATIVES other activities. prepare to celebrate ``10±10'' with renewed Thursday, September 14, 2000 The teachers and students at Watkins Mill hope and with renewed confidence in them- Mr. NEAL of Massachusetts. Mr. Speaker, are dedicated to excellence and committed to selves. We in Guam know all too well how impor- 40 years ago today President Dwight D. Ei- success. As Chair of the House Technology tant ``10±10'' is to the people of Taiwan, be- senhower signed legislation into law that es- Subcommittee, I am especially proud of the cause the Taiwan Chinese community of medical careers magnet program at Watkins tablished real estate investment trusts, also Guam has always been generous in their cele- Mill High School. This education program has known as REITs. brations, inviting our participation and sharing been recognized nationally for its integration of A REIT is a company dedicated to owning all the good things that make us brothers, sis- high technology in the classroom. In addition, and, typically, operating income-producing real ters and cousins of the Pacific. Their contribu- the athletics programs at Watkins Mill benefit estate such as apartments, shopping centers, tions to Guam are immense, yet they remain offices and warehouses. The key feature of a from the work of the Booster Club, including humble and hardworking, and they go about REIT is the requirement that it pass 95 per- the division champion girls soccer team, the their lives quietly helping to build our econ- cent of its taxable income to its shareholders unbeaten girls volleyball team, and the Mary- omy, enhancing our pool of professional skill every year, which also means that it needs to land State 4A Champion baseball team. and talent, and enriching our island commu- grow primarily by raising investment funds in This weekend, the Watkins Mill Booster nity. We, who are no strangers to natural dis- the capital markets. Club is sponsoring a fundraiser which features asters, mourned with the people of Taiwan Congress established REITs in 1960 to the hilarious entertainment of The Capitol last year. This year, we, who know what it is make it easier for small investors to invest in Steps, the nationally recognized musical polit- like to reject defeat and to work hard toward commercial properties, much like mutual funds ical satire troupe. As the performers say, they full recovery, look forward with them to a joyful allow small investors to pool funds. And as are the ``only group in America that attempts celebration. hoped, REITS have every reason to be proud to be funnier than Congress.'' This Watkins Mr. Speaker, this October 10th the Republic of their record of professional management, Mill High School fundraising performance will of China will celebrate its 89th anniversary as and their history of bringing liquidity, security, be the only appearance by the Capitol Steps a free and prosperous democracy. I think the and performance to average investors in com- in Montgomery County, Maryland this year. I earthquake in Taiwan pointed out the real suc- mercial real estate. REITs currently hold about congratulate Booster Club member Heath cess story that is TaiwanÐthat their relation- $325 billion of assets, and this year have Suddleson for arranging this event. ships with people throughout the world are so averaged a total return of 22.5 percent and good that so many came to their aid. Nothing averaged a dividend yield of 7.3 percent. As a former educator, I am proud to recog- is as serious a sign of our common humanity While REITs have played an important role nize Watkins Mill High School for its extraor- than when we are most vulnerable, and cer- in American economic life since 1960, they dinary educational and extracurricular pro- tainly times of natural disaster point that out. have truly come into their own since passage grams. I congratulate the school's students, And I think it is very important that we con- of the 1986 Tax Reform Act which removed faculty, supportive parents, dedicated adminis- tinue to express our support for Taiwan. most of the tax-sheltering capability of real es- trators, and the Booster Club. In addition, I At its essence, ``10±10'' is a celebration of tate and emphasized income producing trans- thank Principal MaryAnn Jobe, Booster Club the amazing successes people can achieve actions, and allowed REITs to operate and President Paul Chewning, and Vice President when they are free to exercise their rights, manage real estate as well as own it. This Marge Goergen for their commitment. I wish when they can aspire to greater things, when merged owner interests with the interests of Watkins Mill High School continued success in they can pursue what they desire for them- other significant parties, leading to greater achieving excellence in education. selves, their families and their nation, when

VerDate 112000 06:08 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.038 pfrm04 PsN: E14PT1 E1492 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 they refuse to be defeated. The Republic of portantly, an America where our children be- United States Olympic Committee, which is lo- China's continuing triumph is an inspiration to lieve in themselves and their country. cated in my district of Colorado Springs, but all freedom-loving people around the world. We can reach this goal one school and one also millions of Americans who are involved in For this, we thank them. On this year's com- child at a time. Briscoe Elementary School's the Olympic movement. memoration of ``10±10,'' we congratulate them. success will serve as an excellent example of f what can be accomplished. The problem is known as ``ambush mar- f keting,'' a deceptive practice in which compa- PERSONAL EXPLANATION nies deliberately and falsely suggest that they VETERINARY HEALTH ENHANCE- support or are affiliated with an event or orga- HON. BENJAMIN A. GILMAN MENT ACT FOR UNDER-SERVED nization. This enables companies to steal the AREAS OF NEW YORK benefits of sponsorship of events such as the IN THE HOUSE OF REPRESENTATIVES Olympics without paying the associated spon- HON. CHARLES W. ‘‘CHIP’’ PICKERING sorship fee. Thursday, September 14, 2000 OF MISSISSIPPI Mr. GILMAN. Mr. Speaker, during the week IN THE HOUSE OF REPRESENTATIVES Numerous American companies such as Coca-Cola, McDonald's and Visa have spent of July 24th, due to hospitalization, I was un- Thursday, September 14, 2000 able to vote on Roll Call Number 429 through millions of dollars for the privilege of being offi- Mr. PICKERING. Mr. Speaker, many rural and including Roll Call number 450. If I had cial sponsors of the Olympic Games. Com- and inner city areas of the United States lack been present I would have voted AYE on all, peting companies, through deceptive adver- proper veterinary care in their communities. As except on Roll Call Number 449, on which I tising, have attempted to capitalize on the a result, the health of both animals and hu- would have voted NAY. Accordingly, I ask mans in these areas is at risk. In many cases, goodwill and favorable publicity of an Olympic unanimous consent to have my statement veterinarians, upon graduating from a school sponsorship without paying the appropriate li- placed in the RECORD at the appropriate point. of veterinary medicine, opt to practice in a censing fee. You may ask, ``So what?''. The f prosperous urban setting which provides the ``so what'' is that official sponsors have in- RECOGNIZING EDWARD J. BRISCOE highest opportunity for income. This leaves vested time, creativity and money into helping ELEMENTARY SCHOOL many rural and inner-city regions lacking prop- our nation's Olympic effort, while the ambush er veterinary care. advertisers have invested nothing in the Olym- HON. KAY GRANGER Rural areas in the United States are going pic movement, yet hope to profit from an as- through a unique transformation. These sociation. OF TEXAS smalltown, agrarian communities are literally IN THE HOUSE OF REPRESENTATIVES drying up. These areas can't afford to provide Ambush marketing has the direct and imme- Thursday, September 14, 2000 veterinarians the same levels of income as a diate result of depriving officially licensed sponsors of the Olympic Games of the exclu- Ms. GRANGER. Mr. Speaker, today I recog- more prosperous urban area. Therefore, these nize and commend Edward J. Briscoe Ele- areas are forced to go without a practicing vet- sive rights in their product category to adver- mentary School of Fort Worth, Texas, for erinarian in the area. Not only do families tise their financial support for the Olympic being designated by the Texas Education need pet health care in these areas, but farm- Movement and associate with the Olympic Agency as a State of Texas Recognized ers and ranchers are forced to conduct their Games. What will happen in the future if Con- School. This tremendous achievement is a operations without an agricultural veterinarian gress does not put an end to ambush mar- testament to the leadership of Briscoe in the area resulting in the poor health of live- keting in the context of the Olympic Move- Elementary's principal, Dr. Jennifer Giddings stock and humans as well as loss of income ment? Advertisers and marketers will, quite Brooks, and to the hard work of the school's to the farmer or rancher. In the same respect, likely, be less inclined to buy the requisite poor, inner-city areas need additional veteri- teachers, staff, and students. sponsorship packages for the privilege of The students attending Briscoe Elementary narians as well. These areas are hotbeds for dangerous diseases carried by animals which being an ``official Olympic sponsor.'' Indeed, come from diverse ethnic backgrounds. The some may think about becoming ambush mar- school is located in a neighborhood with chal- can then be spread to susceptible children. keters themselves and enjoy the fruits of an lenging social conditions, where 97% students In response to this disparity, I am intro- Olympic sponsorship without any of the cor- are on free and reduced lunch programs. With ducing the Veterinary Health Enhancement the guidance of dedicated teachers, students Act for Under-served Areas. Under this pro- responding obligations. at Briscoe have overcome these disadvan- posal, veterinary students will be provided Such a result will most certainly have a dev- tages and become an example of academic debt relief for their veterinary school loans astating effect on the United States Olympic which often run higher than $120,000. This is achievement for all of America's schools. Committee which receives no federal funding. a voluntary federal program in which the state Over the last several years, test scores The current system of private funding has have drastically risen at Briscoe Elementary. school of veterinary medicine may choose to participate. Students may receive this assist- worked marvelously in providing the money More than 80% of the school's 410 students and support that pays for the training, trans- passed each section of the Texas Assessment ance only if they agree to practice in an under-served area as mentioned above. The portation and facilities of our great Olympic of Academic Skills (TAAS) test. What is even athletes. However, the system is being threat- more impressive is Briscoe's attendance rate result of having veterinarians practicing in ened. Ambush marketers are diluting the value of 96.5%. This success is a result of the in- under-served rural and inner-city areas will credible devotion to students by the school's help improve animal health, will ensure that and prestige an Olympic sponsorship. The teachers and staff. They set high standards for the risk of disease transfer from animals to hu- more they erode the value of sponsorship, the their students, but they also invest real time in mans is minimal, and will lower the health less incentive others will have to contribute the their students' lives. Fourthgrade teacher risks especially to children who are more sus- millions of dollars required to enjoy the distinc- Shaneeka Shannon says that her work at ceptible to these animal health risks. tion of being an official Olympic sponsor and Briscoe Elementary is ``Not just a job. It's a This is a non-controversial bill which will support our Olympic athletes. provide welcome veterinary care to inner city calling.'' Shaneeka's attitude is at the core of I first addressed this issue in a floor state- the school's success. By believing in and set- and rural areas. I urge all my colleagues to support this bill on behalf of their communities. ment in 1993, but in the ensuing years the ting high expectations for its students, Briscoe practice has become more widespread. While has beaten the odds and become a place f the USOC has worked tirelessly to combat where academic excellence is the rule not the OLYMPIC AMBUSH ADVERTISING ambush marketing, it apparently needs better exception. As a former public school teacher, I am very tools to put an end to the practice. Only Con- HON. JOEL HEFLEY gress can provide these tools, and it is be- concerned about the condition of America's OF COLORADO classrooms; however, the success of schools coming apparent that it is time for us to step IN THE HOUSE OF REPRESENTATIVES like Briscoe Elementary give me hope and in. I look forward to working with my col- should give our nation hope. Together we can Thursday, September 14, 2000 leagues next year to craft targeted legislation reach our vision of an America where our chil- Mr. HEFLEY. Mr. Speaker, I wish to ad- to give the USOC the proper tools necessary dren are not only well-educated; but, more im- dress a problem that impacts not only the to combat ambush marketing.

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.041 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1493 SOCIAL SECURITY BENEFITS TAX SAN BERNARDINO’S ROUTE 66 SIXTH DISTRICT ESSAY CONTEST RELIEF ACT OF 2000 RENDEZVOUS CELEBRATES THE WINNERS OPEN ROAD

SPEECH OF HON. HENRY J. HYDE HON. JERRY LEWIS OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES HON. RON PAUL OF CALIFORNIA Thursday, September 14, 2000 OF TEXAS IN THE HOUSE OF REPRESENTATIVES Mr. HYDE. Mr. Speaker, please permit me IN THE HOUSE OF REPRESENTATIVES Thursday, September 14, 2000 to share with my colleagues the tremendous work of a half-dozen young men and women Thursday, July 27, 2000 Mr. LEWIS of California. Mr. Speaker, it is who live in my District. accurate to say that for Americans headed Mr. PAUL. Mr. Speaker, I am pleased to Each year, my office in cooperation with nu- West to Southern California, all roads pass rise in support of the Social Security Tax Re- merous junior and senior high schools in through San Bernardino County. And for one Northern Illinois sponsor an essay writing con- lief Act (H.R. 4865). By repealing the 1993 tax weekend this month, a half-million people from test. A board, chaired by Vivian Turner, a increase on Social Security benefits, Congress across the United States will head straight to former principal of Blackhawk Junior High will take a good first step toward eliminating San Bernardino to celebrate the most storied School in Bensenville, IL, chooses a topic, and one of the most unfair taxes imposed on sen- road of all: Route 66. evaluates results of the submitted essays. iors: the tax on Social Security benefits. In Its 11th year, the Route 66 Rendezvous Winners share more than $1,000 in scholar- Eliminating the 1993 tax on Social Security in downtown San Bernardino has grown from ship funds. benefits has long been one of my goals in 300 cars and 4,000 people to 2,448 vehicles This year, Robert Arroyo, a student at Im- Congress. In fact, I introduced legislation to viewed by 600,000 visitors last year, making it manuel Lutheran School in Elmhurst, placed repeal this tax increase in 1997, and I am one of the nation's largest free-admission first in the Junior High Division with an essay events. Through the strong support of local pleased to see Congress acting on this issue. entitled Just as American as Apple Pie, a text businessesÐled by chief sponsor Stater Bros. of which I include in the RECORD. Placing sec- I would remind my colleagues that the jus- MarketsÐand thousands of volunteers, the tification for increasing this tax in 1993 was to ond in the Junior High Division is Bethany city of San Bernardino has created one of the Bredehoft, a student at Immanuel Lutheran reduce the budget deficit. Now, President Clin- top family-oriented events in California, ac- School in Elmhurst; and Liz Juranek, a student ton, who first proposed the tax increase, and cording to the state's Division of Tourism. at Algonquin Middle School in Des Plaines, most members of Congress say the deficit is Celebrating the car culture that has been placed third. gone. So, by the President's own reasoning, such a part of modem American history, the In the Senior High Division, Kate Brenan, a there is no need to keep this tax hike in place. Rendezvous invites the thousands of visitors student at Driscoll Catholic High School in Because Social Security benefits are fi- to watch the classic vehicles parade, race Addison, placed first with her essay entitled nanced with tax dollars, taxing these benefits their engines in a decibel-measured contest Rule of Law, a text of which I include in the and burn out their tires at an abandoned race- RECORD. Steven Pyter, a student at Lake Park is yet another incidence of ``double taxation.'' way. Kids are given a chance to build and High School in Roselle, placed second; and Furthermore, ``taxing'' benefits paid by the keep their own toys. John Fennell, a student at Driscoll Catholic government is merely an accounting trick, a It is no surprise that renewed interest in the High School in Addison, placed third. ``shell game'' which allows members of Con- fabled Route 66 has led America to San (By Robert Arroyo) gress to reduce benefits by subterfuge. This Bernardino County. Over 200 miles of the JUST AS AMERICAN AS APPLE PIE allows Congress to continue using the Social Mother Road carry travelers from the forbid- Being a responsible citizen is just as Amer- Security trust fund as a means of financing ding Mojave Desert to the doorstep of South- ican as apple pie. A good apple pie has a other government programs and mask the true ern California's cities. Those who are redis- firm, moist, brown, crust surrounding a size of the federal deficit. covering the first cross-country highway have sweet filling of sliced apples with cinnamon, topped with a cool scoop of ice cream. A good Mr. Speaker, the Social Security Tax Relief a tremendous resource in Barstow, where the newest and most exciting Route 66 museum citizen is surrounded by important freedoms Act, combined with our action earlier this year called civil rights. They include freedom of has opened in the historic Harvey House rail- to repeal the earnings limitation, goes a long speech, freedom of religion, freedom of as- road depot. Further along the highway West is way toward reducing the burden imposed by sembly, and trial by jury. An American cit- another fine museum in Victorville. izen has the right to vote for the President the Federal Government on senior citizens. Children who grew up in San Bernardino and members of Congress and to run for gov- However, I hope my colleagues will not stop at knew Route 66 as the home of the Wigwam ernment office himself. A U.S. citizen has repealing the 1993 tax increase, but will work MotelÐand eventually as the home of the na- the right to own things, live where he wants, to repeal all taxes on Social Security benefits. tion's first McDonalds restaurant. It was the go to a good school, and travel throughout I am cosponsoring legislation to achieve this the United States. road that brought the nation to California, and Our government protects and supports its goal, H.R. 761. helped create the most populous and vibrant citizens like an apple pie is protected and Congress should also act on my Social Se- state in the country. supported by its crust. In return, we must be curity Preservation Act (H.R. 219), which en- This year's celebration will be highlighted by responsible citizens just as the apple pie has the induction of four new members of the a sweet, spicy fruit inside it for us to enjoy. sures that all money in the Social Security A responsible citizen knows what his gov- Trust Fund is spent solely on Social Security. Cruisin' Hall of Fame, which enshrines the ernment is doing. He tries to find out what is When the government takes money for the people, machines and institutions that have happening. He reads newspapers. He watches contributed the most to our nation of car Social Security Trust Fund, it promises the and listens to the news on television and lovers. The inductees this year are the toy- radio. American people that the money will be there maker Mattel, for the ubiquitous miniature Hot A responsible citizen knows the names of for them when they retire. Congress has a Wheels cars; the Beach Boys musical group; the president and vice president of the moral obligation to keep that promise. J.C. Agajanian, a legendary owner of the United States and their duties as well as the Ascot Speedway; and the Woody, the hand- governor of his state and his duties. A re- In conclusion, Mr. Speaker, I urge my col- sponsible citizen also knows the head of the leagues to help free senior citizens from op- built station wagon that was the sports utility government for his city, town and county pressive taxation by supporting the Social Se- vehicle of its day. along with their duties. A responsible citizen curity Benefits Tax Relief Act (H.R. 4865). 1 Mr. Speaker, I ask that you and my col- must keep informed on what is going on leagues join me in recognizing these new around him. Then be must exercise his right also urge my colleagues to join me in working to vote by making responsible choices when to repeal all taxes on Social Security benefits members of the Cruisin' Hall of Fame for their contributions to our nation's popular history he elects government officials. and ensuring that moneys from the Social Se- Every responsible citizen knows ‘‘The and culture. And please join me in congratu- Star-Spangled Banner,’’ our national an- curity trust fund are used solely for Social Se- lating San Bernardino for hosting the Route 66 curity and not wasted on frivolous government them, as well as ‘‘The Pledge of Allegiance’’ Rendezvous, a celebration of America's ro- to the flag. When a citizen pledges allegiance programs. mance with the automobile. to his flag, he promises loyalty and devotion

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A14SE8.045 pfrm04 PsN: E14PT1 E1494 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 to his nation. Each word has a deep meaning. Judges are able to correct previous decisions and parental involvement, high student If the United States is called to war, a re- by ruling them unconstitutional. These deci- achievement levels and rigorous safety and sponsible citizen may be called to serve in sions subsequently influence countless other discipline programs. Schools selected for rec- the armed forces or help out to the best of court cases across the nation. Our democ- his ability on the home front. racy is based on equal representation and ognition have conducted a thorough self-eval- A responsible citizen must obey the laws of voting rights. If we had a rule of man, our in- uation, involving administrators, teachers, stu- the land as well as the laws of the state, city alienable rights might be manipulated on a dents, parents and community representatives, and county. Every responsible citizen must case by case situation. The rule of law makes including developing a strategic plan for the drive safely and never drive drunk. He re- judges and legislators realize the reverence future. spects the rights of others and the property of their decisions, ensuring more just and re- Carey teaches students to learn, and also of others. He does not do drugs, and he helps sponsible decisions. instills a sense of community responsibility. As the police by reporting any suspicious per- These decisions that enforce the power of a result, students excel academically and fully sons hanging around the neighborhood. The the law in the United States are not found police and other law enforcement agencies everywhere. Other countries have suffered participate in the school community, whether need help. They cannot fight crime unless from malicious dictators in the past, Hitler in the fine arts or athletics. everyone works together to help them. being the most notorious in recent history. Carey High School approaches education Another way to be a responsible citizen is Some democratic governments place too as a never-ending way of life. Carey has an by paying one’s taxes. Our tax money pro- much executive power in the hands of too exemplary academic record, a dedicated staff, vides us with teachers, firemen, policemen, few people. The United States’ revolutionary and is a great asset to Long Island education. and the armed forces. Better roads, schools, and progressive history has been an example f libraries, and parks are built from tax to many countries, however, and our success money. Some of our tax money also goes to with the rule of law is being emulated across IN MEMORY OF ALFRED HENSON help those less fortunate than we are. That is the globe. The way in which our government WARD why a responsible citizen must always pay is set up with three branches, supported by his fair share of taxes. the rule of law and a strong republic, ensures Being a responsible citizen means other a balance so the people’s concerns are ad- HON. THOMAS M. DAVIS things, too. A responsible citizen helps to dressed and their opinions are taken to heart OF VIRGINIA conserve America’s natural resources and to at all times. Ideally this results in a more IN THE HOUSE OF REPRESENTATIVES keep America beautiful. Every citizen can true democracy, where the public’s senti- take part in cleaning up the community, ments are revered, Since previous court Thursday, September 14, 2000 planting trees, and saving water and energy cases are applicable to each following case, Mr. DAVIS of Virginia. Mr. Speaker, I rise at home. the public can keep the government in Now we are ready for that cool scoop of ice today to honor an outstanding citizen of the check. Eleventh District of Virginia, a patriotic and cream on our apple pie. Being kind and un- The rule of law not only sets precedence in derstanding toward our fellow citizens is just regard to government decisions, but affects loyal staff member of both the House and the like the topping on an apple pie because it society as well. We are more likely to recall Senate, a devoted father, and my loyal friend, adds that final caring touch. Therefore, a re- past decisions of bosses, teachers or other Fred Ward, who passed away Tuesday, Sep- sponsible citizen will volunteer to help other authority figures and apply them to deci- tember 12th at the age of 59. people whenever possible in his family, sions concerning our own future, reflecting Fred served his community in many ways, school, and community. the emphasis of rule of law in our lives. most recently as an elected member of the Without the protection and assurance that Fairfax County School Board. His interest in RULE OF LAW laws will be the basis for decisions and arbi- education and in children was reflected in his (By Kate Brenan) trary rulings are unconstitutional, our gov- ernment loses its power. Laws are meaning- devotion to his own children, Jesse Lee and The rule of law is the basis of the Amer- less without structure and people to enforce Emily Lou, his stepson Joe McAlear and the ican government, it is embedded in the them and that structure is fallible without hundreds of other kids he helped and structure of our constitution. It inspired our the protection of an absolute rule of law. mentored as a volunteer Little League, soccer founding fathers and all subsequent govern- ment leaders; it is the foundation of our de- f and swimming coach. mocracy and it allows judicial decisions to He had a long and distinguished profes- be as important as legislation. The rule of SEPTEMBER SCHOOL OF THE sional career here in the House and the Sen- law is a philosophical concept that promotes MONTH ate, where he was the court reporter for the a government of laws—not a government of Senate Select Committee on Intelligence. In men. By human nature, humans can be fickle fact he was the first court reporter for both the or subjective despite the need for objectivity HON. CAROLYN McCARTHY OF NEW YORK House and the Senate Intelligence Commit- in important decisions, Laws, however, are tees when they were established in 1976. In unchanging, theoretically unbiased and pro- IN THE HOUSE OF REPRESENTATIVES that capacity, Fred held the highest security vide a foundation for further development of Thursday, September 14, 2000 government regulations and policies. There- clearance a member or a staffer can have, fore, laws also provide a solid point of ref- Mrs. MCCARTHY of New York. Mr. Speak- and he was a key participant in our great na- erence for making important government de- er, I have named H. Frank Carey High School tion's struggle with and victory over com- cisions. The rule of law also states that gov- in Franklin Square School of the Month in the munism. Prior to his career in the Congress, ernment and court decisions are based on Fourth Congressional District for September Fred served in the Army and remained a true previously passed laws or court decisions. 2000. Recently, Carey High received the pres- friend to those who served in the military all of This prevents arbitrary rulings of judges due tigious Blue Ribbon School Award for 1999± his life. to personal biases and ensures a consistency within the law. 2000 from the U.S. Department of Education. But it was in his own home and his commu- The rule of law emphasizes the permanent In addition, Carey High School is one of five nity that Fred really devoted his talents and influence of judicial decisions on future rul- high schools in the Sewanhaka Central High energies, and that is where I had the privilege ings. The innate power of a government School District which was one of only three of getting to know and to work with him long based on rule of law therefore lies in the school districts to win the prestigious New before I came to serve in the Congress. He court system. Monumental judicial decisions York State Excelsior Award. loved deeply and was very proud of his two have influenced countless other similar I want to congratulate Carey High School children, Jesse and Emily. He was a full par- cases. Cases regarding the desegregation of not only on the Blue Ribbon Award, but also ticipant in their school and extracurricular ac- American schools, for example, greatly influ- enced the public’s overall acceptance of ra- for the personal educational approach pro- tivities, and his face would light up at the mere cial harmony. vided to Long Island's young adults. mention of their names and accomplishments. The rule of law is vital to democracy be- Thomas Dolan is the Principal of Carey, and He was a friend and mentor to his stepson cause of its authority in regard to contin- Dr. George Goldstein is the Superintendent of Joe. Even though they were divorced, he and uous government decisions. Applications of Schools for the Sewanhaka Central School his wife Sandra remained friends, and it was known laws or previous court decisions allow District. The school has 1,528 students, 137 together that they managed his healthcare and for more objective reasoning in future deci- staff members. comfort. sions. It therefore allows for a fluid and changing model of standard American law, The Blue Ribbon Award is bestowed on In memorials to Fred Ward, history will which encourages the changing face of Amer- schools that excel in all areas of academic record November 20, 1940±September 12, ica to challenge court decisions, legislation leadership, teaching and teacher development 2000. Those almost 60 years were filled with and leaders. This results in a more involved and school curriculum. In addition, schools many great moments and spawned many community and a more true democracy. must exhibit exceptional levels of community great memories, and I join all of his friends in

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.049 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1495 extending my deepest sympathy to his family TRIBUTE TO PROFESSOR happiness through their service as Congres- on his passing. MORIHIRO SAITO sional Pages. I wish this fine young couple every happiness and good fortune in the years f HON. LYNN C. WOOLSEY ahead. OF CALIFORNIA f INTRODUCTION OF THE SMALL IN THE HOUSE OF REPRESENTATIVES BUSINESS HEALTH INSURANCE TRIBUTE TO JOE ANDERSON EXPANSION ACT Thursday, September 14, 2000 Ms. WOOLSEY. Mr. Speaker, I rise today to HON. JAMES E. CLYBURN recognize Professor Morihiro Saito, a pro- OF SOUTH CAROLINA HON. DENNIS MOORE fessor of Aikido, who has offered his services IN THE HOUSE OF REPRESENTATIVES to my constituents in the 6th Congressional OF KANSAS Thursday, September 14, 2000 District of California during his many visits to Mr. CLYBURN. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES the North Bay over the last 25 years. During pay tribute to a remarkable South Carolinian that time, Professor Saito has brought the on the occasion of his retirement. Mr. Joe M. Thursday, September 14, 2000 message of peace, harmony and intelligent Anderson, Jr. has contributed much to his reconciliation of conflicts to the people of Cali- Mr. MOORE. Mr. Speaker, today I am intro- state in the way of service and expertise, and fornia. ducing a bill that will help uninsured Ameri- he will be missed in the business community On September 22, 2000, a seminar will be cans get the health insurance coverage they of South Carolina. held in San Rafael, California, to promote the want and need. It has been endorsed by the Joe was born and raised in Anderson, art of Aikido. More than 300 people are ex- Blue Dog Coalition, whose members support South Carolina. He received his B.A. from the pected to attend from around the world. I am this fiscally responsible, targeted solution that University of Georgia in 1965 and his MBA proud to again welcome Professor Morihiro will help uninsured Americans and the small from the University of South Carolina in 1967. Saito to our area. I would like to welcome our businesses where many of them work. To Joe, community service is a top priority. world guests to this seminar. Currently, he is the President of South Caro- Like a majority of my colleagues, I support I, along with the Aikidoists in California, lina Operations for Bell South. He is the the Patients' Bill of Rights that will give pa- would like to express my appreciation and founding chairman of the South Carolina tients and their doctors power over health care gratitude for Professor Morihiro Saito's years Chamber of Commerce's Excellence in Edu- decisions. I have been frustrated by the slow of service and dedication to teaching and in- cation Council, on which he still serves as a work of the conference committee in coming structing. It is truly remarkable that in such a board member. He is also a member of the to a compromise on this legislation. short period of time a handful of Aikidoists has Board of Directors of the United States Cham- grown into tens of thousands of practitioners, I want a Patients' Bill of Rights to pass be- ber of Commerce. He was recently appointed from around the world, promoting Aikido's fore Congress adjourns for the year. I want to by the Governor of South Carolina to be the message of peace, harmony and nonviolent go home and tell my constituents that I have Chair of the advisory council for the ``First conflict resolution. done what I promised to do. I hope that the Steps'' program, a new educational initiative in Mr. Speaker, it is my great pleasure to wel- South Carolina. His passion for education, cul- bill I am introducing today will provide a mid- come Professor Morihiro Saito to California's dle ground for the conference negotiations. A tural awareness, and community service has Sixth Congressional District. led him to serve as president and chair of var- majority of this House supports the Patients' f Bill of Rights, and both Republicans and ious other organizations in the state. But, re- Democrats can agree that the problem of the CATHERINE E. INGRAM AND NIGEL gardless of his title or position, he maintains uninsured is one of our most pressing public L. GRAHAM that helping others takes precedence over health concerns. pride and formality. In the midst of all of his service to his com- The bill would provide immediate 100 per- HON. WILLIAM (BILL) CLAY munity, Joe always finds time for his family. cent deductibility of health insurance pre- OF MISSOURI He is married to the former Carol Gerrod of miums for self-employed individuals. My bill IN THE HOUSE OF REPRESENTATIVES Anderson, and has three sons. also would create a temporary tax credit for Thursday, September 14, 2000 It is citizens like Mr. Joe Anderson, Jr. that small employers who have not offered health Mr. CLAY. Mr. Speaker, I would like to take make South Carolina such a great state. Mr. insurance in the past two years. The credit will this opportunity to extend my congratulations Speaker, I ask you to join me in paying tribute reimburse 20 percent of health insurance to two former House Pages, Catherine Eliza- to this fine South Carolinian who has set an costs, up to $400 per year for individuals and beth Ingram and Nigel Leonard Graham on example of community service, selflessness, $1000 for family coverage. Businesses can the occasion of their recent marriage. and hard work for others, and wish him the get an additional 10 percent tax credit (up to Catherine and Nigel met when they came to very best in his retirement years. 30 percent total) if they join in a Health Benefit Washington to serve as Congressional Pages f Purchasing Coalition, which provides small during the summer of 1988. Catherine served IN MEMORY OF MICHAEL F. employers a way to pool resources, negotiate as a Page under my sponsorship while Nigel PILTMAN collectively with insurers, and administer was sponsored by the Honorable HENRY WAX- health plans for small employer groups. In MAN of California. Nigel was extremely inter- HON. MICHAEL R. McNULTY order to foster innovation on the state level, ested in the political process and his enthu- OF NEW YORK the bill creates a state grant program for initia- siasm inspired Catherine's interest. They did IN THE HOUSE OF REPRESENTATIVES tives that expand health insurance to the unin- not experience love at first sight; however, as sured through market innovations. the summer progressed they began to spend Thursday, September 14, 2000 I have attached the letter sent to Senator most of their days together at the Capitol and Mr. MCNULTY. Mr. Speaker, a light is gone NICKLES from the Blue Dog Coalition asking to enjoy their evenings together in D.C. A from the world with the loss of Michael F. him to consider our bill as a reasonable com- friendship developed over the summer and Piltman, 46, of Rotterdam, New York. promise to the $48 billion access bill that they agreed to keep in touch. After that sum- His friends and colleagues who worked with passed the House with no offsets. This bill is mer, Nigel wrote the first letter and they have him for many years in New York State govern- kept in touch ever since. Their friendship soon targeted, fiscally responsible, and could be- ment will always cherish Michael's special per- grew into a relationship and they have been a sonal qualities and his dedication to public come law. couple since 1990. When Nigel and Catherine service. Small employers are struggling to provide became engaged in December 1999, they re- He was humane, just and ethical. He lived, health insurance coverage for their employ- turned to the restaurant they frequented in the ``. . . to make gentle the life of this world.'' To ees, and Congress should do something to summer of 1988. It was a special moment as these ends he directed his many talents: a help them. It's the right thing to do for busi- they recalled the place where their relationship creative and facile mind, a sparkling wit, a joy ness, and it's the night thing to do for millions began. in people, a zest for the political arena, toler- of Americans who want and need health insur- Mr. Speaker. It is heartwarming to know that ance for all and a passion for human rights ance. Nigel and Catherine met and found personal and progressive causes.

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.052 pfrm04 PsN: E14PT1 E1496 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2000 Michael loved others, not only in the ab- ST. ANN OF THE DUNES ROMAN HONORING PRIME MINISTER ATAL stract but also in countless interactions, large CATHOLIC CHURCH BIHARI VAJPAYEE OF INDIA and small, with real people, marking his every day with acts of kindness and compassion. HON. PETER J. VISCLOSKY HON. MARTIN T. MEEHAN An incomparable and loyal friend, he was OF MASSACHUSETTS OF INDIANA giving, nurturing and empathetic, always put- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ting others above himself. He lived with gen- Thursday, September 14, 2000 uine humility and not a trace of egotism. Thursday, September 14, 2000 Mr. MEEHAN. Mr. Speaker, today I honor His irrepressible spirit will ever be a pres- Mr. VISCLOSKY. Mr. Speaker, it is my great Prime Minister Atal Bihari Vajpayee of India. ence, and an inspiration, in the many lives for- pleasure to congratulate St. Ann of the Dunes As you know, the Prime Minister will be ad- tunate enough to have been touched by his. Roman Catholic Church, in Beverly Shores, dressing a joint session of Congress to pro- I join with Gail Shaffer, Jim Baldwin, Tom Indiana, as it celebrated its 50th anniversary vide us with his personal perspective on the Matthews, Bill Brown, Barbara Chocky, Teresa as a parish this past Sunday, September 10, role India plays and will play in our new world Davenport Carter, Cheryl Parsons Reul, 2000. I would also like to take this opportunity order and economy. Maggie Quinn, Barbara Kozack, Sue to congratulate Father John B. Barasinski, U.S. foreign policy is increasingly focusing DiDonato, Gene Labocetta, Ginny Kintz, Sam pastor, on this joyous occasion. on the importance of India, and appropriately Messina and Michael's many other friends and Adjacent to the scenic Indiana Dunes Na- so. India is slated to out-populate China by colleagues in mourning his loss. tional Park, St. Ann of the Dunes celebrated 2035. It is an important strategic democracy in ``Faith, hope and love, and the greatest of its half-century of history during a special a volatile and strategically important geo- these is love.'' Michael, all who knew you mass last Sunday with Bishop Dale Melczek graphic regionÐa region for which there are loved you. Our lasting tribute to you is to carry and the Reverend Charles Doyle, who pre- hopes of permanent peace. on your goodness in our own lives and to oth- sided over the church as its pastor for 30 of Since India's inception 53 years ago as an ers. its 50 years. independent country, it has maintained a con- From humble beginnings, St. Ann of the stitution based on the same democratic prin- f Dunes began as a nomadic church, taking up ciples that our Founding Fathers valued. The weekly residence wherever it could find space. Indian Constitution safeguards all its people IN HONOR OF FATHER WILLIAM F. from all forms of discrimination on grounds of TEZIE Parishioners held services in houses, res- taurants, and even a fire station, until 1954, race, religion, creed or sex. It guarantees free- when Helen Wood donated five acres that dom of speech, expression and belief, assem- HON. DENNIS J. KUCINICH were once home to the Beverly Shores Golf bly and association, migration, and acquisition Course. On this donated land, parishioners of property. It maintains a government where OF OHIO built a simple, rectangular church which five national parties and 14 prominent state IN THE HOUSE OF REPRESENTATIVES served them well until 1971, when this building parties can co-exist in a coalition government. Furthermore, India reaffirmed its commit- Thursday, September 14, 2000 underwent extensive renovations and addi- tions. St. Ann of the Dunes parish continues to ment to human rights when it signed the War- Mr. KUCINICH. Mr. Speaker, I rise today to be home to a close-knit congregation. saw Declaration in June of this year. This dec- laration emphasized the interdependence be- honor Father William F. Tezie, a caring and With many of its members descended from tween peace, development, human rights and devoted man who has served as a pastor for Lithuanians and Poles, evidence of Central democracy. Signatories agreed on the right of more than 44 years. This is a particularly spe- European ethnic pride can be seen throughout every person to have equal protection under cial time for Father Tezie as he celebrates his the interior of the church. Numerous parish- the law; freedom of opinion and expression; retirement, his 25th anniversary as pastor of ioners have used their artistic talents to beau- freedom of thought; equal access to edu- St. John Nepomucene's Church, and his 70th tify the facility. The altar and stained glass cation; freedom of peaceful assembly; access birthday. windows were hand-crafted and donated by to a competent, independent and impartial ju- Father Tezie was born in Pittsburgh, Penn- church members. Parishioner and local arti- diciary and that all human rightsÐwhether sylvania, but shortly thereafter his family san, Richard Kiebdaj, carved the candlesticks civil, cultural, economic political or social be moved to Lakewood, Ohio and eventually to and baptismal font. He also created the main promoted and protected. Rocky River. He attended St. Christopher crucifix in the church, which is made from Moreover, India is also making its mark as Grade School and graduated from Rocky amber donated by various members of the an economic entity. For the past 10 years, the River High School. In 1948, Father Tezie en- parish. U.S. information technology (IT) industry has tered Gregory Minor Seminary in Cincinnati Sharing its geography with the Indiana made increasing investments in India. They and later graduated from St. Mary Major Semi- Dunes National Lakeshore, St. Ann of the have recognized that India is capable of pro- nary in Cleveland. Dunes' peaceful setting is inviting not only to viding an educated, ambitious workforce that Since his ordination on May 19, 1956, Fa- the people of Beverly Shores and surrounding can meet the needs of the world's technology- ther Tezie has shared his commitment and communities, but also to the visitors from the driven economy. This has allowed India to faith with six different parishes throughout nearby state and national park campgrounds. help cultivate the growth of its IT sector. India Ohio. Before he began his remarkable 25-year During the summer months, parishioners and has successfully educated its workforce with reign as pastor at St. John Nepomucene's travelers come to celebrate mass outdoors in IT skills and established successful partner- Church in 1975, he provided nearly 20 won- the beautiful and natural setting of the neigh- ships with industry leaders. India is second derful years of dedicated service to the par- boring park amphitheater. only to the United States in the number of ishes at St. Richard's Church in North The generosity of the parishioners is typical Microsoft-certified professionals. Olmsted, St. John's Church in Akron, St. Cyril of the care and dedication they show for the India recognizes the important link between and Methodius's Church in Lakewood, St. church and each other. The parishioners are political freedom and economic development. Mary's of the Falls Church in Olmsted Falls, committed to a tithing program, dedicating 10 As India's first Prime Minister, Jawaharlal and St. Francis Xavier's Church in Medina. In percent of the weekly parish collection for Nehru said ``We talk of freedom, but today po- 1991, the Diocese of Cleveland presented the local, national and international causes to as- litical freedom does not take us very far unless Award of Excellence as outstanding pastor to sist people in need. there is economic freedom. Indeed, there is no Father Tezie for his exemplary service to Mr. Speaker, I ask you and my other distin- such thing as freedom for a man who is starv- Catholic education. guished colleagues to join me in congratu- ing or for a country that is poor.'' This sym- Mr. Speaker, I ask my fellow colleagues in lating the parish family of St. Ann of the biotic relationship between economic success the House of Representatives to join me in Dunes, under the current guidance of Father and personal freedom is the foundation for a congratulating Father William J. Tezie on his John B. Barasinski, as they celebrate their just, stable world order. retirement, his anniversary and his birthday. I, 50th anniversary. All past and present parish- The prioritization of economic success and along with the St. John Nepomucene Parish, ioners and pastors should be proud of the nu- personal freedom is also reflected in our In- wish to thank this incredible man for the life- merous contributions they have made out of dian-American population. There are over 1.5 time of faithful and loving service he has the love for their church and devotion to their million Indian-Americans, and their contribu- given. community throughout the past 50 years. tions to engineering and technology, art and

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.057 pfrm04 PsN: E14PT1 September 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1497 literature, and education and culture are ber 14, 2000, UNHCR will mark a half-century upon the number of hours each has worked, prominent across the nation. They work in our of helping millions of the world's most vulner- their willingness to mentor new volunteers and hospitals as doctors, they start local busi- able people. I am pleased that Representa- their overall leadership skills. nesses as entrepreneurs, and they serve in ENJAMIN ILMAN AM EJDENSON tives B G , S G , Over the last 34 years, Mr. Sills, has clearly our government as public servants. They fill CHRISTOPHER SMITH, and TOM LANTOS have exhibited all of these qualities. A retired farm- our temples, teach our children and participate joined me as original cosponsors on this legis- er, Mr. Sills has contributed over 2,500 hours in our civic processes, and so embody and ex- lation. emplify the ideals of the American Dream. UNHCR has been mandated by the United of his time to help maintain the Appalachian As a member of the Congressional Caucus Nations to lead and coordinate international Trail. In addition to his work on the trail itself, on India and Indian-Americans, I recognize action for the world-wide protection of refu- Mr. Sills is co-editor of the Massachusetts- that it is time for the United States to further gees and the resolution of refugee problems. Connecticut Appalachian Trail Guide and a its relationship with India. Our economic and It is one of the world's principal humanitarian 34-year member of the Appalachian Mountain political relationships with India and Prime organizations helping 23 million people in Club. The Appalachian Mountain Club (AMC) Minister Vajpayee have accelerated greatly in more than 140 countries. is one of many organizations that helps to co- recent years. President Clinton urged us fur- Mrs. Sadako Ogata has served as the ordinate maintenance of the trail, largely by ther along this path with his visit this past United Nations High Commissioner for Refu- volunteers. Founded in 1876 as a hiking and March to India. The President met with gov- gees now for nearly 10 years. It is one of the climbing club, the AMC is now responsible for ernment officials, traveled in India with Indian- toughest jobs and Mrs. Ogata has done a su- maintaining 122 miles of the Trail in Maine, Americans as his foot soldiers, addressed perb job of bringing both professionalism and Massachusetts, Connecticut and Pennsyl- their parliament, and met with India's citizens. compassion to the organization over her dec- vania. AMC has created a 4,200 person na- Through these exchanges, the United States ade of service. tionwide volunteer network that spent 181,500 strengthens and prioritizes its relationship with This resolution also calls on the international hours in 1999 alone managing this national India. I am especially proud of the fact that in community to work together with UNHCR in treasure. efforts to ensure that host countries uphold my district, some of the finest citizens of In- First established in 1925, the Appalachian humanitarian and human rights principles for dian heritage have been contributors to our Trail Conference linked several northern hiking refugees, to lessen the impact of refugees on economic and social fabric. We complement groups, such as the AMC, regional planning our relationship with India by recognizing the host countries, and to promote the safe vol- groups and the then young national forest sys- importance of our Indian-American community. untary repatriation, local integration, or reset- tem to coordinate creation, and later mainte- We validate it through continued dialogue and tlement of refugees. nance, of the trail. In 1984, the National Park discourse. I would urge my colleagues to adopt this Service delegated day to day upkeep of the f legislation. f trail and the accompanying Forest Service INTRODUCTION OF A RESOLUTION lands to the ATC. The trail now runs 2,167 CELEBRATING THE 50TH ANNI- TRIBUTE TO NORM SILLS miles from Maine to Georgia, through 14 VERSARY OF THE UNITED NA- states, and through my district, the northwest TIONS HIGH COMMISSIONER FOR HON. NANCY L. JOHNSON corner of Connecticut. The 14 states have col- REFUGEES OF CONNECTICUT lectively contributed over 180,000 acres IN THE HOUSE OF REPRESENTATIVES through which the trail passes to the ATC. HON. TONY P. HALL Thursday, September 14, 2000 No other nonprofit organization is respon- OF OHIO Mrs. JOHNSON of Connecticut. Mr. Speak- sible for the daily oversight of such a large IN THE HOUSE OF REPRESENTATIVES er, I rise today to congratulate Norm Sills of tract of land or one with such a rich history. Thursday, September 14, 2000 Salisbury, Connecticut, for being named to the Volunteers, such as Mr. Sills, are crucial in en- Mr. HALL of Ohio. Mr. Speaker, today, I am Appalachian Trail Conference's (ATC) Honor suring the continuing use of the trail. Given proud to introduce a resolution which honors Roll of Volunteers. In this 75th anniversary Mr. Sills' longstanding dedication, there can be and recognizes the United Nations High Com- year of the Appalachian Trail, the ATC is rec- no doubt that Mr. Sills has been instrumental missioner for Refugees (UNHCR) on the occa- ognizing 75 individuals for their commitment to in maintaining the trail and he is truly deserv- sion of its 50th anniversary for its contributions the trail. The honor roll seeks to recognize ing of this award. I congratulate Mr. Sills on on behalf of the world's refugees. On Decem- people for their dedication to the trail based this honor.

VerDate 112000 05:58 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.060 pfrm04 PsN: E14PT1 Thursday, September 14, 2000 Daily Digest

HIGHLIGHTS The House and Senate met in Joint Meeting for the purpose of receiving His Excellency Atal Bihari Vajpayee, Prime Minister of the Republic of India. The House agreed to the NASA Authorization Conference Report The House agreed to the Legislative Branch Conference Report House committees ordered reported 8 sundry measures. Senate By 30 yeas to 68 nays (Vote No. 248), Division Chamber Action I of Smith (of N.H.) Amendment No. 4129, to re- Routine Proceedings, pages S8535–S8609 quire that the Congressional-Executive Commission Measures Introduced: Eleven bills were introduced, monitor the cooperation of the People’s Republic of as follows: S. 3045–3055. Page S8585 China with respect to POW/MIA issues, improve- ment in the areas of forced abortions, slave labor, Measures Reported: and organ harvesting. Pages S8536, S8544±46, S8557 S. 1534, to reauthorize the Coastal Zone Manage- By 24 yeas to 74 nays (Vote No. 249), Division ment Act, with an amendment in the nature of a IV of Smith (of N.H.) Amendment No. 4129, to re- substitute. (S. Rept. No. 106–412) quire that the Congressional-Executive Commission H.R. 701, to provide Outer Continental Shelf Im- monitor the cooperation of the People’s Republic of pact Assistance to State and local governments, to China with respect to POW/MIA issues, improve- amend the Land and Water Conservation Fund Act ment in the areas of forced abortions, slave labor, of 1965, the Urban Park and Recreation Recovery and organ harvesting. Pages S8536, S8546±48, S8557±58 Act of 1978, and the Federal Aid in Wildlife Res- Hollings Amendment No. 4136, to authorize and toration Act (commonly referred to as the Pittman- request the President to report to the Congress an- Robertson Act) to establish a fund to meet the out- nually, beginning in January, 2001, on the balance door conservation and recreation needs of the Amer- of trade with China for advanced technology prod- ican people, with an amendment in the nature of a ucts, and direct the President to eliminate any def- substitute. (S. Rept. No. 106–413) Pages S8584±85 icit. Pages S8536, S8548±50, S8558 PNTR (Permanent Normal Trade Relations) By 16 yeas to 81 nays (Vote No. 250), Hollings FOR CHINA: Senate continued consideration of Amendment No. 4135, to authorize and request the H.R. 4444, to authorize extension of nondiscrim- President to report to the Congress annually begin- inatory treatment (normal trade relations treatment) ning in January, 2001, on the balance of trade with to the People’s Republic of China, and to establish China for cereals (wheat, corn, and rice) and soy- a framework for relations between the United States beans, and to direct the President to eliminate any and the People’s Republic of China, taking action on deficit. Pages S8536, S8550±53, S8558±59 the following amendments proposed thereto: Hollings Amendment No. 4137, to condition eli- Pages S8536, S8539±65 gibility for risk insurance provided by the Export- Rejected: Import Bank or the Overseas Private Investment By 6 yeas to 90 nays (Vote No. 247), Hollings Corporation on certain certifications. Amendment No. 4134, to direct the Securities and Pages S8536, S8553±57, S8559 Exchange Commission to require corporations to dis- Withdrawn: close foreign investment-related information in 10–K Wellstone Amendment No. 4118, to require that reports. Page S8586, S8539±44 the President certify to Congress that the People’s D909

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0 D910 CONGRESSIONAL RECORD — DAILY DIGEST September 14, 2000 Republic of China has taken certain actions with re- Betty G. Bengtson, of Washington, to be a Mem- spect to ensuring human rights protection. ber of the National Council on the Humanities for Page S8536 a term expiring January 26, 2006. Wellstone Amendment No. 4121, to strengthen Ron Chew, of Washington, to be a Member of the the rights of workers to associate, organize and National Council on the Humanities for a term ex- strike. Page S8536 piring January 26, 2006. Division II of Smith (of N.H.) Amendment No. Henry Glassie, of Indiana, to be a Member of the 4129, to require that the Congressional-Executive National Council on the Humanities for a term ex- Commission monitor the cooperation of the People’s piring January 26, 2006. Republic of China with respect to POW/MIA issues, Mary D. Hubbard, of Alabama, to be a Member improvement in the areas of forced abortions, slave of the National Council on the Humanities for a labor, and organ harvesting. Page S8536 term expiring January 26, 2004. Division III of Smith (of N.H.) Amendment No. Naomi Shihab Nye, of Texas, to be a Member of 4129, to require that the Congressional-Executive the National Council on the Humanities for a term Commission monitor the cooperation of the People’s expiring January 26, 2006. Republic of China with respect to POW/MIA issues, Vicki L. Ruiz, of Arizona, to be a Member of the improvement in the areas of forced abortions, slave National Council on the Humanities for a term ex- piring January 26, 2006. labor, and organ harvesting. Page S8536 Division V of Smith (of N.H.) Amendment No. Toni G. Fay, of New Jersey, to be a Member of 4129, to require that the Congressional-Executive the Board of Directors of the Corporation for Na- Commission monitor the cooperation of the People’s tional and Community Service for a term expiring October 6, 2001. Republic of China with respect to POW/MIA issues, Michael Prescott Goldwater, of Arizona, to be a improvement in the areas of forced abortions, slave Member of the Board of Trustees of the Barry Gold- labor, and organ harvesting. Page S8536 water Scholarship and Excellence in Education Foun- A unanimous-consent agreement was reached pro- dation for a term expiring October 13, 2005. viding for further consideration of the bill on Friday Hans Mark, of Texas, to be a Member of the and Monday, September 15 and 18, 2000, with a Board of Trustees of the Barry Goldwater Scholar- vote on final passage of the bill to occur at 2:15 ship and Excellence in Education Foundation for the p.m., on Tuesday, September 19, 2000. Page S8565 remainder of the term expiring April 17, 2002. (Re- Messages From the President: Senate received the appointment) following message from the President of the United Lynda Hare Scribante, of Colorado, to be a Mem- States: ber of the Board of Trustees of the Barry Goldwater Transmitting, pursuant to law, a report of the Scholarship and Excellence in Education Foundation Interagency Arctic Research Policy Committee for for a term expiring October 13, 2005. (Reappoint- the period of February 1, 1998, to January 31, 2000; ment) to the Committee on Governmental Affairs. Thomas A. Fink, of Alaska, to be a Member of (PM–127) Pages S8577±84 the Federal Retirement Thrift Investment Board for a term expiring October 11, 2003. (Reappointment) Nominations Received: Senate received the fol- Stephen B. Lieberman, of Pennsylvania, to be lowing nominations: United States District Judge for the Eastern District Elwood Holstein, Jr., of New Jersey, to be Assist- of Pennsylvania vice Edward N. Cahn, retired. ant Secretary of Commerce for Oceans and Atmos- 3 Coast Guard nominations in the rank of admi- phere. ral. Melvin E. Clark, Jr., of the District of Columbia, 4 Navy nominations in the rank of admiral. to be a Member of the Board of Directors of the Pages S8608±09 Overseas Private Investment Corporation for a term expiring December 17, 2002. (Reappointment) Messages From the President: Pages S8577±84 Sheryl R. Marshall, of Massachusetts, to be a Messages From the House: Page S8584 Member of the Federal Retirement Thrift Investment Measures Referred: Page S8584 Board for a term expiring October 11, 2002. (Re- Measures Placed on Calendar: Page S8584 appointment) Nina M. Archabal, of Minnesota, to be a Member Statements on Introduced Bills: Pages S8585±93 of the National Council on the Humanities for a Additional Cosponsors: Pages S8593±94 term expiring January 26, 2006. Notices of Hearings: Pages S8594±95

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0 September 14, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D911

Authority for Committees: Page S8595 Mullin, Delta Airlines, Atlanta, Georgia; Donald J. Additional Statements: Pages S8574±77 Carty, American Airlines, Dallas/Fort Worth Air- port, Texas; Duane E. Woerth, Air Line Pilots Asso- Text of S. 1608, as Previously Passed: ciation, International, Herndon, Virginia; Robert W. Pages S8596±S8600 Poole, Jr., Reason Public Policy Institute, Los Ange- Enrolled Bills Presented: Page S8584 les, California; and John Carr, National Air Traffic Controllers Association, Washington, D.C. Enrolled Bills Signed: Page S8584 Privileges of the Floor: Page S8596 NOMINATIONS Record Votes: Four record votes were taken today. Committee on Commerce, Science, and Transportation: (Total—250) Pages S8544, S8557±59 Committee concluded hearings on the nominations of David Z. Plavin, of New York, and Arthenia L. Adjournment: Senate convened at 11:01 a.m., and Joyner, of Florida, each to be a Member of the Fed- adjourned at 7:24 p.m., until 10 a.m., on Friday, eral Aviation Management Advisory Council, and September 15, 2000. (For Senate’s program, see the Sue Bailey, of Maryland, to be Administrator of the remarks of the Acting Majority Leader in today’s National Highway Traffic Safety Administration, all Record on page S8608.) of the Department of Transportation, after the nomi- nees testified and answered questions in their own Committee Meetings behalf. Ms. Joyner was introduced by Senator Graham, and Ms. Bailey was introduced by Senator (Committees not listed did not meet) Lautenberg. STEM CELL RESEARCH ALASKA NORTH SLOPE NATURAL GAS Committee on Appropriations: Subcommittee on Labor, Committee on Energy and Natural Resources: Committee Health and Human Services, and Education con- concluded oversight hearings to examine the trans- cluded hearings to examine the scientific and ethical portation of Alaska North Slope natural gas to mar- impact of embryonic stem cell research, after receiv- ket and to investigate the cost, environmental as- ing testimony from Richard O. Hynes, Massachu- pects, economic impacts and energy security implica- setts Institute of Technology, Cambridge, on behalf tions to Alaska and the rest of the nation for alter- of the American Society for Cell Biology; Darwin J. native routes and projects, after receiving testimony Prockop, Tulane University Medical Center, New from T.J. Glauthier, Deputy Secretary, and James J. Orleans, Louisiana; Russell E. Saltzman, Ruskin Hoecker, Chairman, Federal Energy Regulatory Heights Lutheran Church, Kansas City, Missouri; Commission, both of the Department of Energy; Anton-Lewis Usala, Encelle, Inc., Greenville, North David J. Hayes, Deputy Secretary of the Interior; Carolina; Michael J. Fox, Michael J. Fox Foundation Dennis Roper, North Slope Borough Office of Gov- for Parkinson’s Research, New York, New York; ernmental Affairs, Kevin O. Meyers, Phillips Petro- Mary Tyler Moore, Juvenile Diabetes Foundation, leum Company, Jeffrey B. Lowenfels, Yukon Pacific Washington, D.C.; Ron Heagy, San Diego, Cali- Corporation, and Gary E. Carlson, Forcenergy, Inc., fornia; Jennifer Estess, Los Angeles, California; and all of Anchorage, Alaska; Robert A. Malone, British Gina Gershon, New York, New York. Petroleum, Los Angeles, California; K. Terry Koonce, ExxonMobile Production Company, and DEFENSE BUDGET Forrest E. Hoglund, Arctic Resources Company, Committee on the Budget: Committee concluded hear- both of Houston, Texas; Robert L. Pierce, Foothills ings on the Congressional Budget Office study eval- Pipe Lines, Calgary, Alberta, Canada, on behalf of uating the funding that would be required to main- the Alaska Northwest Natural Gas Transportation tain today’s military forces over the long run, after Company; Roger Cooper, American Gas Association, receiving testimony from Dan L. Crippen, Director, and Jerald V. Halvorsen, Interstate Natural Gas As- Congressional Budget Office. sociation of America, both of Washington, D.C.; and AIR TRAFFIC DELAYS Joseph Blount, Unocal Global Trade, Sugarland, Texas, on behalf of the Natural Gas Supply Associa- Committee on Commerce, Science, and Transportation: tion. Committee concluded hearings to examine issues re- lating to unacceptable airline delays and cancella- NATIONAL PARKS, HISTORIC tions and the customer service problems they cause, PRESERVATION, AND RECREATION after receiving testimony from Rodney E. Slater, Sec- Committee on Energy and Natural Resources: Sub- retary, and Kenneth M. Mead, Inspector General, committee on National Parks, Historic Preservation, both of the Department of Transportation; Leo F. and Recreation concluded on S. 2749, to establish

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0 D912 CONGRESSIONAL RECORD — DAILY DIGEST September 14, 2000 the California Trail Interpretive Center in Elko, Ne- EDUCATIONAL AND CULTURAL vada, to facilitate the interpretation of the history of EXCHANGE PROGRAMS development and use of trails in the setting of the Committee on Foreign Relations: Subcommittee on western portion of the United States, S. 2885, to es- International Operations concluded oversight hear- tablish the Jamestown 400th Commemoration Com- ings to examine issues relating to educational and mission, S. 2950, to authorize the Secretary of the cultural exchange programs and their importance to Interior to establish the Sand Creek Massacre His- our national interest abroad, including the Depart- toric Site in the State of Colorado, S. 2959, to ment of State International Visitors program, after amend the Dayton Aviation Heritage Preservation receiving testimony from William Bader, Assistant Act of 1992, and S. 3000, to authorize the exchange Secretary of State for the Bureau of Educational and of land between the Secretary of the Interior and the Cultural Affairs; Carol E. Byrne, Minnesota Inter- Director of the Central Intelligence Agency at the national Center, Minneapolis; and James S. Denton, George Washington Memorial Parkway in McLean, Freedom House, Marlene M. Johnson, on behalf of Virginia, after receiving testimony from Donald J. the Alliance for International Education and Cultural Hellmann, Deputy Assistant Director, Legislative Exchange and NAFSA: Association of International and Congressional Affairs, National Park Service, and Educators, and Sherry L. Mueller, National Council Henri Bisson, Assistant Director for Renewable Re- for International Visitors, all of Washington, D.C. sources and Planning, Bureau of Land Management, both of the Department of the Interior; Steve Brady, INTELLIGENCE COMMUNITY FOREIGN Northern Cheyenne Sand Creek Descendants/North- LANGUAGE CAPABILITIES ern Cheyenne Sand Creek Massacre Site Committee, Lame Deer, Montana; and David F. Halaas, Colorado Committee on Governmental Affairs: Subcommittee on Historical Society, Denver. International Security, Proliferation and Federal Serv- ices held hearings to examine issues relating to the NOMINATION state of foreign language capabilities and require- Committee on Environment and Public Works: Com- ments within the United States Federal Intelligence mittee concluded hearings on the nomination of Maj. Community and its effect on national security, re- Gen. Robert B. Flowers, for appointment as the ceiving testimony from Ellen Laipson, Vice Chair- Chief of Engineers, United States Army, and ap- man, National Intelligence Council; Ruth pointment to the grade of Lieutenant General while Whiteside, Deputy Director, National Foreign Af- assigned to a position of importance and responsi- fairs Training Center, Department of State; Chris- bility, after the nominee testified and answered ques- topher K. Mellon, Deputy Assistant Secretary of De- tions in his own behalf. fense for Intelligence; and David E. Alba, Assistant Director, Investigative Services Division, Federal Bu- COLUMBIA RIVER POWER AND SALMON reau of Investigation, Department of Justice. RECOVERY Hearings recessed subject to call. Committee on Environment and Public Works: Sub- committee on Fisheries, Wildlife, and Drinking SLOTTING FEES Water continued hearings to examine the biological Committee on Small Business: Committee held hearings opinion on the Federal Columbia River Power Sys- to examine the use of slotting fees (payments from tem and the Federal Caucus Draft Basinwide Salmon grocery manufacturers to retailers to introduce new Recovery Strategy, receiving testimony from products on the retailers’ shelves), and its impact on Nicolaas Bouwes, Oregon Department of Fish and small businesses and consumers, receiving testimony Wildlife, and Earl C. Weber, Columbia River Inter- from Lawrence J. Dyckman, Director, Food and Ag- Tribal Fish Commission, both of Portland, Oregon; riculture Issues, Resources, Community, and Eco- Edward C. Bowles, Idaho Department of Fish and nomic Development Division, General Accounting Game, Scott Bosse, Idaho Rivers United, Norman Office; Susan E. Offutt, Administrator, Economic M. Semanko, Idaho Water Users Association, and Research Service, Department of Agriculture; Thom- Derrek Batson, Idaho Steelhead and Salmon Unlim- as E. Stenzel, United Fresh Fruit and Vegetable As- ited, all of Boise; Keith Kutchins, Shoshone-Bannock sociation, Alexandria, Virginia; David Moore, West- Tribes Fisheries Department, Fort Hall, Idaho; Rob- ern Growers Association, Newport Beach, California; ert J. Masonis, American Rivers, and Sara Patton, Michael J. Stuart, Florida Fruit and Vegetable Asso- Northwest Energy Coalition, both of Seattle, Wash- ciation, Orlando; and Gregory T. Gundlach, Univer- ington; and Glen Spain, Pacific Coast Federation of sity of Notre Dame Mendoza College of Business, Fishermen’s Associations, Eugene, Oregon. Notre Dame, Indiana. Hearings recessed subject to call. Hearings recessed subject to call.

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0 September 14, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D913

BUSINESS MEETING the reorganization of a Native Hawaiian government Committee on Indian Affairs: Committee ordered favor- and the recognition by the United States of the Na- ably reported S. 2899, to express the policy of the tive Hawaiian government, after receiving testimony United States regarding the United States’ relation- from American Samoa Delegate Faleomavaega; Kevin ship with Native Hawaiians, to provide a process for Gover, Assistant Secretary of the Interior, Bureau of the reorganization of a Native Hawaiian government Indian Affairs; Jacqueline Agtuca, Acting Director, and the recognition by the United States of the Na- Office of Tribal Justice, Department of Justice; Clay- tive Hawaiian government, with an amendment in ton Hee and Mililani B. Trask, both of the Office the nature of a substitute. of Hawaiian Affairs, Raynard C. Soon, Department of Hawaiian Home Lands, Mahealani Kamau’u, Na- NATIVE HAWAIIAN RELATIONS tive Hawaiian Legal Corporation, and Tara Lulani Committee on Indian Affairs: Committee concluded McKenzie, ALU LIKE, Inc., all of Honolulu, Ha- hearings on S. 2899, to express the policy of the waii; Julie Kitka, Alaska Federation of Natives, An- United States regarding the United States’ relation- chorage, Alaska; and Ron Allen, National Congress ship with Native Hawaiians, to provide a process for of American Indians, Washington, D.C. h House of Representatives care services and control rising prisoner health care Chamber Action costs, amended (H. Rept. 106–851); Bills Introduced: 20 public bills, H.R. 5173–5192; H.R. 2883, to amend the Immigration and Na- and 5 resolutions, H. Con. Res. 400–402, and H. tionality Act to confer United States citizenship Res. 577–578, were introduced. Pages H7650±51 automatically and retroactively on certain foreign- Reports Filed: Reports were filed today as follows. born children adopted by citizens of the United H.R. 2267, to amend the National Trails System States, amended (H. Rept. 106–852); and Act to clarify Federal authority relating to land ac- H.R. 4870, to make technical corrections in pat- quisition from willing sellers for the majority of the ent, copyright, and trademark laws, amended (H. trails, amended (H. Rept. 106–846); Rept. 106–853). H.R. 4404, to permit the payment of medical ex- H.R. 2752, to give Lincoln County, Nevada, the penses incurred by the United States Park Police in right to purchase at fair market value certain public the performance of duty to be made directly by the land located within that county, amended (H. Rept. National Park Service, to allow for waiver and in- 106–847); demnification in mutual law enforcement agreements H.R. 4521, to direct the Secretary of the Interior between the National Park Service and a State or po- to authorize and provide funding for rehabilitation of litical subdivision when required by State law, and the Going-to-the-Sun Road in Glacier National for other purposes, with an amendment (H. Rept. Park, to authorize funds for maintenance of utilities 106–854, Pt. 1). Page H7650 related to the Park, amended (H. Rept. 106–848); H.R. 4096, to authorize the Secretary of the Guest Chaplain: The prayer was offered by the Treasury to produce currency, postage stamps, and guest Chaplain, Priest Venkatachalapathi Samuldrala, other security documents at the request of foreign Shiva Hindu Temple, of Parma, Ohio. Page H7579 governments, and security documents at the request Recess: The House recessed at 9:07 a.m. and recon- of the individual States or any political subdivision vened at 11:04 a.m. Pages H7580±81 thereof, on a reimbursable basis (H. Rept. 106–849); His Excellency Atal Bihari Vajpayee, Prime Min- H.R. 238, to amend section 274 of the Immigra- ister of India: The House and Senate met in Joint tion and Nationality Act to impose mandatory min- Meeting for the purpose of receiving His Excellency imum sentences, and increase certain sentences, for Atal Bihari Vajpayee, Prime Minister of the Repub- bringing in and harboring certain aliens and to lic of India. The Speaker appointed the following to amend title 18, United States Code, to provide en- the Committee on the Part of the House to Escort hanced penalties for persons committing such of- the Prime Minister into the Chamber: Representa- fenses while armed, amended (H. Rept. 106–850); tives Armey, Delay, Watts of Oklahoma, Cox, Gil- H.R. 1349, to amend title 18, United States man, Bereuter, Royce, Greenwood, Gephardt, Code, to combat the over-utilization of prison health Menendez, Gejdenson, Lantos, Ackerman, Pallone,

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0 D914 CONGRESSIONAL RECORD — DAILY DIGEST September 14, 2000 Brown of Ohio, and Holt. And, the President Pro Energy and Water Appropriations: The House Tempore of the Senate appointed the following to disagreed to the Senate amendment to H.R. 4733, the Committee on the Part of the Senate: Senators making appropriations for energy and water develop- Lott, Lugar, Thomas, Brownback, Hagel, Chafee, ment for the fiscal year ending September 30, 2001, Biden, Durbin, Kerry, Moynihan, and Reid. and agreed to a conference. Appointed as conferees: Pages H7580±81 Chairman Young of Florida and Representatives District of Columbia Appropriations: The House Packard, Rogers, Knollenberg, Frelinghuysen, Cal- lahan, Latham, Wicker, Visclosky, Edwards, Pastor, passed H.R. 4942, making appropriations for the Forbes, and Obey. Page H7627 government of the District of Columbia and other activities chargeable in whole or in part against reve- Transportation Appropriations: The House dis- nues of said District for the fiscal year ending Sep- agreed to the Senate amendment to H.R. 4475, tember 30, 2001 by a yea and nay vote of 217 yeas making appropriations for the Department of Trans- to 207 nays, Roll No. 474. The House also consid- portation and related agencies for the fiscal year end- ered the bill on July 26. Pages H7583±99 ing September 30, 2001, and agreed to a conference. Agreed to: Appointed as conferees: Chairman Young of Florida Norton amendment no. 23 printed in the Con- and Representatives Wolf, DeLay, Regula, Rogers, gressional Record that strikes language on the Dis- Packard, Callahan, Tiahrt, Aderholt, Granger, Sabo, trict of Columbia Health Insurance Coverage for Olver, Pastor, Kilpatrick, Serrano, Forbes, and Obey. Pages H7627±28 Contraceptives Act of 2000; Pages H7583±84 Agreed to the Sabo motion to instruct conferees Souder amendment No. 2 printed in H. Rept. to insist on no less that $43,144,000, the amount 106–790 and debated on July 26 that prohibits the provided in the Senate amendment, for the pipeline use of Federal funding for needle exchange programs safety program. Pages H7627±28 (agreed to by a recorded vote of 239 ayes to 181 noes, Roll No. 473); Pages H7597±98 Trafficking Victims Protection Act: The House Bilbray amendment no. 3 printed in H. Rept. disagreed with the Senate amendment to H.R. 3244, 106–790 that prohibits the possession of tobacco to combat trafficking of persons, especially into the products by individuals under the age of 18 (agreed sex trade, slavery, and slavery-like conditions in the to by a recorded vote of 265 ayes to 155 noes, Roll United States and countries around the world through prevention, through prosecution and en- No. 472); and Pages H7584±88, H7597 forcement against traffickers, and through protection Tiahrt amendment No. 4 printed in H. Rept. and assistance to victims of trafficking and agreed to 106–790 that prohibits the exchange of needles a conference. Appointed as conferees: Representatives within 1000 feet of schools and other gathering Gilman, Goodling, Smith of New Jersey, Hyde, places for children. Pages H7588±90 Smith of Texas, Johnson of Connecticut, Gejdenson, H. Res. 563, the rule that provided for consider- Lantos, Conyers, and Cardin. Pages H7628±31 ation of the bill was agreed to on July 26. Agreed to the Watt of North Carolina motion to NASA Authorization Conference Report: The instruct conferees to recede to the Senate on provi- House agreed to the conference report to accompany sions contained in section 7 of the Senate amend- H.R. 1654, to authorize appropriations for the Na- ment relating to obtaining visas for victims of traf- tional Aeronautics and Space Administration for fis- ficking without numerical limitation. Pages H7628±31 cal years 2000, 2001, and 2002 by a yea and nay Presidential Message—Arctic Research: Read a vote of 399 yeas to 17 nays, Roll No. 475. letter from the President wherein he transmitted the Pages H7600±07 Eighth Biennial Report of the Interagency Arctic H. Res. 574, the rule that waived points of order Research Policy Committee referred to the Com- against the conference report was agreed to by voice mittee on Science. Page H7631 vote. Pages H7599±H7600 Committee to Attend the Funeral of the Late Legislative Branch Conference Report: The House Honorable Herbert H. Bateman: Pursuant to H. agreed to the conference report to accompany H.R. Res. 573, the Chair announced the Speaker’s ap- 4516, making appropriations for the Legislative pointment of the following members to attend the Branch for the fiscal year ending September 30, funeral of the late Honorable Herbert H. Bateman 2001 by a yea and nay vote of 212 yeas to 209 nays, from the Commonwealth of Virginia: Representa- Roll No. 477. Pages H7608±27 tives Bliley, Hastert, Armey, Bonior, Wolf, Boucher, H. Res. 565, the rule that waived points of order Sisisky, Pickett, Moran of Virginia, Goodlatte, Scott, against the conference report was agreed to by voice Davis of Virginia, Goode, Spence, Shuster, Skelton, vote. Stump, Bereuter, Hunter, Skeen, Bilirakis, Burton,

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0 September 14, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D915 Ortiz, Packard, Houghton, Morella, Goss, McNulty, MINE SAFETY AND HEALTH REVIEW Tanner, Bartlett, Buyer, Fowler, McKeon, Ehlers, Committee on Education and the Workforce: Sub- Hostettler, LaHood, Latham, Gibbons, Riley, and committee on Workforce Protections held a hearing Sherwood. Page H7631 on a Review of Mine Safety and Health: The State of the Industry Today. Testimony was heard from J. Meeting Hour—Monday, September 18: Agreed Davitt McAtteer. Assistant Secretary, Mine Safety that when the House adjourns today, it adjourn to and Health, Mine Safety and Health Administration, meet at 12:30 p.m. on Monday, September 18. Department of Labor; and public witnesses. Page H7631 Calendar Wednesday: Agreed to dispense with the ARMENIAN GENOCIDE Calendar Wednesday business of Wednesday, Sep- Committee on International Relations: Subcommittee on tember 20. Page H7631 International Operations and Human Rights held a hearing on H. Res. 398, United States Training on Referral: H.R. 4975 was re-referred to the Com- and Commemoration of the Armenian Genocide Res- mittee on Government Reform. Page H7627 olution. Testimony was heard from Representatives Senate Messages: Message received from the Senate Bonior and Rogan; Ambassador Marc Grossman, Di- today appears on page H7579. rector General, Forest Service, Department of State; and public witnesses. Quorum Calls—Votes: Three yea and nay votes and two recorded votes developed during the proceedings ELECTRONIC COMMUNICATIONS PRIVACY of the House today and appear on pages H7597, ACT H7597–98, H7598–99, H7606–07, and H7626. Committee on the Judiciary: Subcommittee on the Con- There were no quorum calls. stitution approved for full Committee action, as Adjournment: The House met at 10:30 p.m. and amended, H.R. 5018, Electronic Communications adjourned at 7:32 p.m. Privacy Act of 2000. ENDANGERED SPECIES ACT Committee Meetings Committee on Resources: Held an oversight hearing on GAO review of Endangered Species Act implementa- MISCELLANEOUS MEASURES tion in Southern California. Testimony was heard from Derek Stewart, Associate Director, Energy, Re- Committee on Commerce: Ordered reported the fol- sources, and Science Issues, Resources, Community, lowing bills: H.R. 3100, amended, Know Your Call- and Economic Development Division, GAO; and er Act; H.R. 2592, amended, to amend the Con- Jamie Clark, Director, U.S. Fish and Wildlife Serv- sumer Products Safety Act to provide that low-speed ice, Department of the Interior. electric bicycles are consumer products subject to such Act; H.R. 3850, amended, Independent Tele- OVERSIGHT communications Consumer Enhancement Act of Committee on Resources: Subcommittee on Forests and 2000; H.R. 2346, to authorize the enforcement by Forest Health held an oversight hearing on Private State and local governments of certain Federal Com- Conservation Efforts: Lessons for National Forests. munications Commission regulations regarding use Testimony was heard from public witnesses. of citizens band radio equipment; H.R. 1689, amended, to prohibit States from imposing restric- DEBT RELIEF LOCK-BOX RECONCILIATION ACT tions on the operation of motor vehicles providing Committee on Ways and Means: Ordered reported, as limousine service between a place in a State and a amended, Debt Relief Lock-box Reconciliation Act for place in another State; H.R. 2641, amended, to Fiscal Year 2001. make technical corrections to title X of the Energy f Policy Act of 1992; and H.R. 1795, amended, Na- tional Institute of Biomedical Imaging and Engi- COMMITTEE MEETINGS FOR FRIDAY, neering Establishment Act. SEPTEMBER 15, 2000 (Committee meetings are open unless otherwise indicated) AMERICAN WORKERS—HOW TO IMPROVE Senate PENSION COVERAGE Committee on Energy and Natural Resources: Subcommittee Committee on Education and the Workforce: Sub- on Forests and Public Land Management, to hold over- committee on Employer-Employee Relations held a sight hearings to examine Federal agency preparedness for hearing on How to Improve Pension Coverage for the Summer 2000 wildfires, 10 a.m., SD–366. American Workers. Testimony was heard from pub- House lic witnesses. No committee meetings are scheduled.

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 5627 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0 D916 CONGRESSIONAL RECORD — DAILY DIGEST September 14, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, September 15 12:30 p.m., Monday, September 18

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of H.R. 4444, PNTR for China.

Extensions of Remarks, as inserted in this issue

HOUSE Gutierrez, Luis V., Ill., E1487 Neal, Richard E., Mass., E1491 Hall, Tony P., Ohio, E1497 Northup, Anne M., Ky., E1486 Bentsen, Ken, Tex., E1482 Hefley, Joel, Colo., E1492 Oxley, Michael G., Ohio, E1488 Berman, Howard L., Calif., E1485 Hyde, Henry J., Ill., E1493 Paul, Ron, Tex., E1493 Bilirakis, Michael, Fla., E1487 Inslee, Jay, Wash., E1485 Pickering, Charles W. ‘‘Chip’’, Miss., E1492 Clay, William (Bill), Mo., E1495 Johnson, Nancy L., Conn., E1497 Sanders, Bernard, Vt., E1484 Clyburn, James E., S.C., E1495 Klink, Ron, Pa., E1486 Sanford, Marshall ‘‘Mark’’, S.C., E1488 Davis, Thomas M., Va., E1494 Kucinich, Dennis J., Ohio, E1479, E1480, E1496 Sensenbrenner, F. James, Jr., Wisc., E1479 Doolittle, John T., Calif., E1488 Lantos, Tom, Calif., E1480 Shimkus, John, Ill., E1486 Doyle, Michael F., Pa., E1482 Lewis, Jerry, Calif., E1493 Stabenow, Debbie, Mich., E1481, E1483, E1485 Farr, Sam, Calif., E1481, E1483 Lowey, Nita M., N.Y., E1489 Thomas, William M., Calif., E1483 Gekas, George W., Pa., E1490 McCarthy, Carolyn, N.Y., E1494 Thompson, Mike, Calif., E1481, E1483 Gillmor, Paul E., Ohio, E1487 McCarthy, Karen, Mo., E1479 Underwood, Robert A., Guam, E1491 Gilman, Benjamin A., N.Y., E1492 McNulty, Michael R., N.Y., E1495 Udall, Mark, Colo., E1480, E1489 Gonzalez, Charles A., Tex., E1482 Meehan, Martin T., Mass., E1496 Visclosky, Peter J., Ind., E1496 Gordon, Bart, Tenn., E1486 Moore, Dennis, Kans., E1495 Waters, Maxine, Calif., E1488 Granger, Kay, Tex., E1492 Morella, Constance A., Md., E1491 Woolsey, Lynn C., Calif., E1495

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5:30 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $179.00 for six months, $357.00 per year, or purchased for $3.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate 11-MAY-2000 05:29 Sep 15, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D14SE0.REC pfrm04 PsN: D14SE0