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

Vol. 146 WASHINGTON, WEDNESDAY, FEBRUARY 16, 2000 No. 15 Senate The Senate was not in session today. Its next meeting will be held on Tuesday, February 22, 2000, at 11 a.m. House of Representatives WEDNESDAY, FEBRUARY 16, 2000

The House met at 10 a.m. quorum is not present and make the Gonzalez Kildee Miller (FL) The Reverend Dr. Ronald F. Chris- point of order that a quorum is not Goode Kilpatrick Miller, Gary Goodlatte Kind (WI) Miller, George tian, Lutheran Social Services, Fair- present. Goodling King (NY) Minge fax, Virginia, offered the following The SPEAKER. Evidently a quorum Gordon Kingston Mink prayer: is not present. Goss Kleczka Moakley Almighty God, in this moment of si- The Sergeant at Arms will notify ab- Granger Knollenberg Mollohan lence and reflection, we acknowledge sent Members. Green (TX) Kolbe Moran (KS) Your presence. The Psalmist reminds Green (WI) Kuykendall Moran (VA) The vote was taken by electronic de- Greenwood LaHood Morella us that You hear the prayers of all peo- vice, and there were—yeas 354, nays 46, Hall (OH) Lampson Murtha ple, the rich and the poor, the mighty not voting 34, as follows: Hall (TX) Lantos Nadler Hansen Largent and the weak, the hopeful and the dis- [Roll No. 22] Napolitano couraged. And, that before You all Hastings (FL) Larson Neal YEAS—354 Hastings (WA) Latham words are the same, all petitions are Nethercutt Abercrombie Brown (FL) DeLay Hayes LaTourette Ney known and all needs are recognized. Ackerman Bryant DeMint Hayworth Lazio Northup O God, we believe it is Your will to Allen Burr Deutsch Herger Leach Norwood bring us all together in a single peace. Andrews Burton Diaz-Balart Hill (IN) Lee Nussle So, therefore our simple prayer this Archer Buyer Dickey Hilleary Levin Obey Hinchey Lewis (CA) day is, that we will show mercy, as we Armey Calvert Dicks Olver Baca Camp Dingell Hinojosa Lewis (GA) Ortiz would want mercy shown, that we will Bachus Canady Dixon Hobson Lewis (KY) Ose care about others, as we would be cared Baker Cannon Doggett Hoeffel Linder Oxley about, that we will give love as we Baldwin Capuano Dooley Hoekstra Lipinski Packard Lofgren Ballenger Cardin Doolittle Holden Pallone would want love to be given, and that Holt Lucas (KY) Barcia Carson Dreier Pascrell we will be patient as we request pa- Hooley Lucas (OK) Barr Castle Duncan Pastor Horn Luther tience to be provided to us. Amen. Barrett (NE) Chabot Dunn Paul Hostettler Maloney (CT) f Barrett (WI) Chambliss Edwards Payne Bartlett Clayton Ehlers Houghton Maloney (NY) Pease THE JOURNAL Bass Clement Ehrlich Hoyer Manzullo Pelosi Bateman Coble Emerson Hunter Markey The SPEAKER. The Chair has exam- Peterson (PA) Becerra Coburn Engel Hyde Mascara ined the Journal of the last day’s pro- Bentsen Collins Eshoo Inslee Matsui Petri ceedings and announces to the House Bereuter Combest Evans Isakson McCarthy (MO) Phelps his approval thereof. Berkley Condit Everett Istook McCarthy (NY) Pickering Pursuant to clause 1, rule I, the Jour- Berman Conyers Ewing Jackson (IL) McCrery Pitts Berry Cook Farr Jackson-Lee McGovern Pombo nal stands approved. Biggert Cox Fattah (TX) McHugh Pomeroy Mr. MCDERMOTT. Mr. Speaker, pur- Bilirakis Coyne Fletcher Jefferson McInnis Porter suant to clause 1, rule I, I demand a Blagojevich Cramer Foley Jenkins McIntosh Portman vote on agreeing to the Speaker’s ap- Bliley Crowley Forbes John McIntyre Price (NC) proval of the Journal. Blumenauer Cubin Fowler Johnson (CT) McKeon Pryce (OH) Blunt Cummings Frank (MA) Johnson, E. B. McKinney Quinn The SPEAKER. The question is on Boehlert Cunningham Franks (NJ) Johnson, Sam Meehan Radanovich the Chair’s approval of the Journal. Bonilla Davis (FL) Frelinghuysen Jones (NC) Meek (FL) Rahall The question was taken; and the Bonior Davis (IL) Frost Kanjorski Menendez Rangel Speaker announced that the ayes ap- Bono Davis (VA) Gallegly Kaptur Metcalf Regula peared to have it. Boswell Deal Ganske Kasich Mica Reyes Boucher DeGette Gekas Kelly Millender- Reynolds Mr. MCDERMOTT. Mr. Speaker, I ob- Boyd Delahunt Gilchrest Kennedy McDonald Riley ject to the vote on the ground that a Brady (TX) DeLauro Gilman

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.

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VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.000 pfrm13 PsN: H16PT1 H458 CONGRESSIONAL RECORD — HOUSE February 16, 2000 Rivers Shimkus Thornberry There was no objection. Mrs. Darling is at the point now Rodriguez Shows Thune Roemer Shuster Thurman f where she would beg her physician for Rogers Simpson Toomey free samples of the inhalers that she Rohrabacher Sisisky Towns ANNOUNCEMENT BY THE SPEAKER needs. That is why we are jump-start- Ros-Lehtinen Skeen Traficant PRO TEMPORE ing the debate over affordable prescrip- Rothman Skelton Turner Roukema Smith (MI) Upton The SPEAKER pro tempore. The tion drugs in this country. Roybal-Allard Smith (NJ) Velazquez Chair will entertain 15 one-minutes on The chance to craft a sensible solu- Rush Smith (TX) Vitter each side. tion, we are not asking for anything Ryan (WI) Smith (WA) Walden Ryun (KS) Souder Walsh f more than that. Salmon Spence Wamp Lord knows Americans like Mrs. Dar- Sanchez Spratt Watkins SOCIAL SECURITY EARNINGS ling deserve nothing less. Sanders Stabenow Watt (NC) LIMIT Sandlin Stark Watts (OK) f Sawyer Stearns Waxman (Mr. GIBBONS asked and was given b 1030 Saxton Stump Weiner permission to address the House for 1 Scarborough Stupak Weldon (FL) LET US GIVE SENIORS RELIEF Schakowsky Sununu Weldon (PA) minute and to revise and extend his re- Scott Sweeney Wexler marks.) FROM SOCIAL SECURITY EARN- Sensenbrenner Talent Whitfield Mr. GIBBONS. Mr. Speaker, Ben- INGS LIMIT Serrano Tancredo Wicker Sessions Tanner Wilson jamin Franklin once said that when (Mr. PITTS asked and was given per- Shadegg Tauscher Wise people ‘‘are employed, they are best mission to address the House for 1 Shaw Tauzin Wolf contented.’’ Unfortunately, our Gov- minute and to revise and extend his re- Shays Taylor (NC) Woolsey ernment right now is denying content- Sherman Terry Wynn marks.) Sherwood Thomas Young (FL) ment to millions of seniors who want Mr. PITTS. Mr. Speaker, Thomas to work but cannot because of the So- NAYS—46 Edison once said, there is no substitute cial Security earnings limit. for hard work. I think most of us in the Aderholt Hill (MT) Sabo Because of this earnings limit, sen- Bilbray Hilliard Schaffer chamber could agree with that. There Borski Hulshof Slaughter iors who work are being stripped of is no substitute for the feeling of satis- Brady (PA) Klink Stenholm their Social Security benefits, the very faction after a hard day’s work. Too Clyburn Kucinich Strickland Social Security benefits that they have Costello LaFalce Taylor (MS) often, work is something that many Crane LoBiondo Thompson (CA) spent their adult life earning and pay- people take for granted. But one group English McDermott Thompson (MS) ing for with their own money. They are of people who do not take work for Etheridge McNulty Udall (CO) being penalized $2 for every $1 they granted is our seniors. Because of the Filner Meeks (NY) Udall (NM) earn if they choose to keep working. Ford Moore Visclosky Social Security earnings limit, work- Gibbons Oberstar Waters This is nonsense. It is wrong. And it ing seniors can literally not afford to Gillmor Peterson (MN) Weller must end. take work for granted. Because of the Gutierrez Pickett Wu Fortunately, the Republicans here in Gutknecht Ramstad Social Security earnings limit, mil- Hefley Rogan the House are supporting a plan that lions of working seniors are stripped of would give relief to the millions of sen- NOT VOTING—34 their Social Security benefits. Their iors who are burdened by the earnings crime is employment. Because they Baird Danner Myrick limit. We understand that senior citi- Baldacci DeFazio Owens have a job, the government takes away Barton Doyle Royce zens who choose to work should not the Social Security benefits that they Bishop Fossella Sanford have to put their Social Security bene- have spent a lifetime earning. Boehner Gejdenson Snyder fits at risk. This is wrong. This is not fair. Last Brown (OH) Gephardt Tiahrt Callahan Graham Tierney Senior citizens can and do make last- week, the House took the first step in Campbell Hutchinson Vento ing contributions in the workforce, and giving relief to married couples who Capps Jones (OH) Weygand they should not be denied that right. pay tax penalties because they are Chenoweth-Hage Lowey Young (AK) The time has come to put an end to the Clay Martinez married. Now it is time to give relief to Cooksey McCollum Social Security earnings limit and tell seniors who are penalized because they our working citizens that we do not b 1028 work. Let us all join together and give think they should be punished for hav- seniors relief from the Social Security So the Journal was approved. ing a job. earnings limit. The result of the vote was announced f f as above recorded. f AFFORDABLE PRESCRIPTION SENIORS DESERVE TO PAY LESS DRUGS IN AMERICA FOR PRESCRIPTION DRUGS PLEDGE OF ALLEGIANCE (Mr. BONIOR asked and was given (Mr. CUMMINGS asked and was The SPEAKER pro tempore (Mr. permission to address the House for 1 given permission to address the House LATOURETTE). Will the gentleman from minute.) for 1 minute.) Ohio (Mr. PORTMAN) come forward and Mr. BONIOR. Mr. Speaker, the dis- Mr. CUMMINGS. Mr. Speaker, we lead the House in the Pledge of Alle- charge petition drive that is being have a health crisis in this Nation. Our giance. launched today is strong medicine, and seniors are being priced out of the pre- Mr. PORTMAN led the Pledge of Al- it is the right prescription for Amer- scription drugs that help keep them legiance as follows: ican families. alive and allow them to live healthy I pledge allegiance to the Flag of the But do not take my word for it. Just lives. I submit that after a lifetime of United States of America, and to the Repub- lic for which it stands, one nation under God, ask Sue Darling, who is a constituent service to family and community, our indivisible, with liberty and justice for all. of mine in Port Huron, Michigan. seniors deserve to pay less. They de- f Mrs. Darling suffers from Parkin- serve to pay less than customers of son’s Disease and other illnesses. In drug companies who receive discounts REMOVAL OF NAME OF MEMBER fact, before her husband died last year, because they have market power. But AS COSPONSOR OF HOUSE RESO- they spent 60 percent of their income more importantly, they deserve to pay LUTION 396 on the medicine that they both needed. less than that which is paid for drugs Mr. ABERCROMBIE. Mr. Speaker, I The cost of filling three prescriptions used by animals. Today I am releasing ask unanimous consent that my name Mrs. Darling needs just for her emphy- a government reform minority study of be removed as a cosponsor of House sema alone comes to more than $300 my district in Maryland which reveals Resolution 396. per month. That is $300 for three pre- that drug manufacturer prices are The SPEAKER pro tempore. Is there scriptions. twice as high for humans than for ani- objection to the request of the gen- She has Medigap coverage, but it is mals, and these price differentials can- tleman from Hawaii? exhausted after three months. not be justified by quality differences

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.001 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H459 or research costs. Now is the time to town who was abducted by his father the House for 1 minute and to revise act. I urge my colleagues to end this and is now being illegally held in and extend his remarks.) discrimination by supporting a com- Egypt. The meetings last week and the Mr. UDALL of New Mexico. Mr. prehensive benefit for all Medicare 1-minute addresses that will tell the Speaker, today Members of this Cham- beneficiaries. story of these international abductions ber will have the opportunity to sign f are just the first steps in what will be the prescription drug discharge peti- an ongoing dialogue with the American RECOGNIZING UNIVERSITY OF tion that will bring this issue to the people to bring our children home. UTAH ON ITS 150TH ANNIVERSARY floor of this body. Members will have f to decide, will they help the people of (Mr. COOK asked and was given per- their districts or continue the price mission to address the House for 1 CENSUS 2000 discrimination of the big drug compa- minute and to revise and extend his re- (Mr. MILLER of Florida asked and nies? marks.) was given permission to address the Many New Mexicans have told me Mr. COOK. Mr. Speaker, I rise today House for 1 minute.) how the high cost of prescription drugs in order to recognize the University of Mr. MILLER of Florida. Mr. Speaker, affects their lives. One of my constitu- Utah’s 150th anniversary. On February the census is just weeks away. In fact, ents, Suzette Binder of Santa Fe, wrote 28, 1850, the Utah State Assembly or- in remote regions of our Nation such as to me: dained the University of the State of Alaska, the enumeration has already Deseret, better known today as the begun. Next month, 119 million house- We are crippled financially because of dia- University of Utah. Since its creation, holds will receive their census forms in betic pill costs for which there is no generic the University of Utah has conferred the mail. One of the most important brand. We live in retirement on the same over 180,000 degrees, making it the tools the bureau is using to promote money we had 10 years ago. But the money State’s most profuse provider of higher returning census forms is called the goes like the wind and drug costs are one of the major causes. Do what you can. education. In addition to its edu- Census in the Schools project, which cational excellence, the university is strives to help students learn what a Mr. Speaker, during the January re- also a leader in cultural, social, sci- census is and why it is important to cess, I heard from many people that ex- entific, economic, medical and artistic them, their families, and the commu- pressed similar sentiments to me. I contributions. nity; increase participation in the cen- firmly believe widespread price dis- I would like to take this time to sus 2000; to galvanize students, teach- crimination is wrong. honor the faculty, staff, and students ers, and families to support the census; of the University of Utah for enriching I urge my colleagues on both sides of and to recruit teachers and parents to the aisle to sign the petition. No one in the great State of Utah and the Nation. work as census takers and in other sup- Today with undergraduate and grad- America should ever have to decide be- port jobs. tween needed medication and food. uate enrollment nearing 26,000 and stu- I have participated in several of these dents representing all 29 counties, all census in the schools programs in my f 50 States, and 102 foreign countries, I district and here in the District of Co- am proud to say that the University of lumbia. I can say firsthand that the Utah is indeed a diverse population children get enthusiastic about sup- HOUSE IS WORKING TO ELIMINATE bringing together great ideas. I know porting the census and getting their MARRIAGE TAX PENALTY AND this because my wife and I both grad- parents to return the forms. I encour- SENIOR EARNINGS PENALTY uated from The U in 1969. We are proud age all my colleagues, both Democrats to be part of the university’s edu- (Mr. WELLER asked and was given and Republicans, to conduct a census permission to address the House for 1 cational excellence, and I am honored in the schools program in their district to speak on its 150th anniversary. minute and to revise and extend his re- to promote this vital, important civic marks.) f responsibility. Mr. WELLER. Mr. Speaker, this ON INTERNATIONAL CHILD f ABDUCTION House is making progress. This past IT IS TIME TO DUMP THE TAX week we passed legislation to address (Mr. LAMPSON asked and was given CODE what I consider to be the most unfair permission to address the House for 1 aspect of the Tax Code, the marriage (Mr. TRAFICANT asked and was minute.) tax penalty suffered by 25 million mar- given permission to address the House Mr. LAMPSON. Mr. Speaker, today I ried working couples who pay $1,400 on for 1 minute and to revise and extend begin a series of 1-minutes that recog- average in higher taxes just because his remarks.) nize the enormous problem this Nation they are married. has with children who have been ab- Mr. TRAFICANT. Mr. Speaker, our ducted internationally. Last week I Tax Code costs us $140 billion a year. Later on today in the Committee on met with six parents from across the There are over 200 forms. All our in- Ways and Means, we are going to move country whose children have been come, savings, education, and invest- legislation that eliminates the earn- taken from them and are being held in ments are taxed. Even business taxes ings penalty on senior citizens who are foreign countries. I had the oppor- are passed on to us. We are even taxed on Social Security who need to con- tunity to sit down with them, to look for marital sex. Beam me up. It is time tinue working or who want to continue into their eyes and to hear their sto- to pass a flat national retail sales tax, working and right now they are pun- ries. And the pain that they experience 15 percent. No more income taxes, no ished. In fact, $2 out of $3 of their So- on a daily basis is heart wrenching. more taxes on savings, no more forms, cial Security benefits if they earn more There are 10,000 American children no more deadlines, no more account- than $17,000 are taxed and taken away who have been taken to foreign coun- ants, no more lawyers, no more re- just because they want to work. That tries; and it is time for Congress, the ceipts, no more Internal Revenue Serv- is wrong. That is what that is all media, and the American people to ice. It is time, ladies and gentlemen of about. We want to bring fairness to the focus their attention on these children Congress. Tax Code. That is why we worked to and bring them home to their rightful I yield back this Communist, un- eliminate the marriage tax penalty. parents. These stories are about fami- American Tax Code by saying to both My hope is our friends in the Senate lies, about reuniting children and par- parties: tax this. will join with us. My hope is those on ents. When we look at a globe, we may f the other side of the aisle will join with see boundaries; but when it comes to us and make it a bipartisan effort to reuniting families, we must know no SIGN THE PRESCRIPTION DRUG eliminate the marriage tax penalty and boundaries. DISCHARGE PETITION to eliminate the earnings penalty on Tomorrow I will tell the story of Saif (Mr. UDALL of New Mexico asked our senior citizens. It is all about fair- Ahmed, a young boy from my home- and was given permission to address ness.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.005 pfrm13 PsN: H16PT1 H460 CONGRESSIONAL RECORD — HOUSE February 16, 2000 IT IS TIME TO PROVIDE RELIEF b 1045 pital because she cannot take the med- FOR SENIORS FROM THE HIGH MAKE PRESCRIPTION MEDICINE icine that is going to keep her healthy? We need to make sure Members are COST OF PRESCRIPTION DRUGS AFFORDABLE AND ACCESSIBLE signing this discharge petition so we (Mr. ALLEN asked and was given (Ms. DELAURO asked and was given can have an honest debate on this floor permission to address the House for 1 permission to address the House for 1 to help the 39 million people, and that minute and to revise and extend his re- minute and to revise and extend her re- number is growing. marks.) marks.) f Mr. ALLEN. Mr. Speaker, from Ms. DELAURO. Mr. Speaker, our sen- Maine to California, seniors cannot af- iors face skyrocketing prices for pre- AMERICA NEEDS A PRESCRIPTION ford to buy the medicines that their scription drugs. Many of my constitu- DRUG BENEFIT doctors tell them they have to take. ents have written to me about having (Mr. FORD asked and was given per- Why? Because the pharmaceutical in- to choose between buying food and pay- mission to address the House for 1 dustry engages in widespread price dis- ing for the life-saving medicines that minute and to revise and extend his re- crimination against seniors. Seniors they need. For millions of seniors, a marks.) pay twice as much as the drug compa- prescription drug benefit is the dif- Mr. FORD. Mr. Speaker, I rise today nies’ best customers. They pay 70 per- ference between getting the medicine to urge this Congress to take steps to- cent more than Canadians and 100 per- they need for healthy, independent wards enacting a comprehensive pre- cent more than Mexicans. They are dis- lives, and pain and suffering. For those scription drug benefit. We have heard criminated against. In short, the most who are skipping meals or missing rent from so many of our colleagues why profitable industry in the country is payments, a prescription drug benefit this is important, not only to their charging the highest prices in the is a necessity that would bring dignity constituents, but constituents around world to people who can least afford it. to their lives. the Nation. I urge my colleagues today to sign Since the creation of the polio vac- Today, we Democrats are signing a cine almost 50 years ago, the United discharge petition to bring two bills to the petitions at the desk to allow a de- bate on proposals that would end price States has been the engine of world- the floor, one bill to give all seniors a wide medical advancement. The finest discount and the second bill to provide discrimination and provide a prescrip- tion drug benefit for all seniors. We doctors in the world are trained at our universal prescription drug coverage on medical schools. Our government funds Medicare. It is time to act. We should have an historic opportunity to make medicine affordable and accessible. We cutting-edge research at the National act now, sign the discharge petition Institutes of Health and the Centers for and give our seniors some relief. could do this in a heartbeat if the Re- publican leadership would allow debate Disease Control. American pharmaceutical companies f on this floor. Modern science has blessed us with are at the forefront of innovation. many wonderful new medicines, but if American innovation in the prescrip- REPUBLICANS STAND FIRM ON seniors cannot afford them, these medi- tion drug industry is the envy of the BUDGET PRIORITIES cines are of little use. I implore my world. They are producing new drugs that will allow people to lead (Mr. KINGSTON asked and was given colleagues, sign the petitions at the desk. Begin substantive discussion on healthier, happier, and longer lives. permission to address the House for 1 But in America today, those most in how to make prescription drugs afford- minute.) need of those life-sustaining and life- able to the people who need them. Mr. KINGSTON. Mr. Speaker, we are saving drugs frequently find them- f continuing right now the very impor- selves on buses bound for Canada to tant budget negotiation process. One PRESCRIPTION DRUG BENEFIT find affordable prescription drugs. thing that the Republican Party stands NEEDED NOW Prescription drugs are an integral firm on is that we have to meet our So- (Mrs. THURMAN asked and was part of health care, especially for sen- cial Security/Medicare obligations. given permission to address the House iors. But at least 13 million Medicare Last year our budget’s first priority for 1 minute and to revise and extend beneficiaries have no drug coverage at was to put aside $1.9 trillion for Social her remarks.) all. Seniors often have to pay three Security and Medicare. The second step Mrs. THURMAN. Mr. Speaker, today times as much for drugs than those is debt reduction. Last year, we put we have heard about the 24 million peo- under the age of 65. It is unfair and it aside $2 trillion for debt reduction. And ple we supposedly helped last week. is wrong. This is an issue that is critical to the then after those three things have hap- Well, let us talk about the 39 million citizens of my District and my State. pened, and only after those three people we could help that are under In 1998, Tennessee led the Nation in things happened, was there a trigger Medicare. prescription drug use, with a per capita for tax relief. This year we passed the Let me just explain to you that this consumption of 40 percent above the marriage tax penalty because it is not is a dollars and cents issue for us. We fair that if you live with each other national average. are grappling with the trust fund on It is time for a Medicare prescription you pay less taxes than if you are mar- Medicare and making sure that the ex- ried. We passed that out of the House. drug benefit. I urge my colleagues to penses are kept down. Well, there is sign the discharge petition. We hope the Senate will pass it, and we one way you can do that, and the one f hope the President will not veto it as way you can do that is to make sure he already has promised to do. that seniors get their prescription PRESCRIPTION DRUG PRICES TOO But the second part of that tax relief drugs. HIGH FOR SENIORS for tax fairness is to say to a senior, if Let me just give you an example of (Mr. GREEN of Texas asked and was you are working, you should not be pe- what somebody wrote to me in my dis- given permission to address the House nalized on your Social Security, be- trict. ‘‘My mom and dad do not have for 1 minute and to revise and extend cause people are living longer, the prescription drugs coverage, therefore his remarks.) needs are greater, and people need to must pay full price for all of their Mr. GREEN of Texas. Mr. Speaker, work and want to work. It is healthy. drugs. Mom has been cutting her cho- this Congress should have an open floor There are lots of benefits to it. But if lesterol pill, Zocor, in half, so it will debate on legislation to help seniors af- they do make this decision, they last two months. The pharmacist says ford the high cost of prescription should not be penalized under Social they will not be effective and she is en- drugs. We cannot sit on this issue any Security. dangering her health. The prescription longer. The Republican Party will be having drug went from $80.49 at the beginning It is estimated we have 13 million this bill in committee today. I hope we of last year to $95.99.’’ seniors who do not have prescription get it on the floor soon and pass it so What do you think the cost of this is drug coverage, and the number is in- that the Senate can. when this woman ends up in the hos- creasing rapidly, almost as rapidly as

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.007 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H461 the cost of the drugs they need. These minute and to revise and extend his re- ACTION NEEDED NOW ON seniors worked hard and paid into the marks.) PRESCRIPTION DRUGS system their entire lives, but now must Mr. DOGGETT. Mr. Speaker, when (Mr. TIERNEY asked and was given choose between buying their prescrip- two people walk into the same phar- permission to address the House for 1 tions or their groceries. Seniors tell me macy and one, who has no insurance, is minute and to revise and extend his re- they have to skip their medication to forced to pay 136 percent more than the marks.) make it last longer. other, who is one of the pharma- Mr. TIERNEY. Mr. Speaker, today I recently sent out a questionnaire to ceutical industry’s most favored cus- we have heard all stories from our con- constituents in my District in Houston tomers, something is very wrong. That stituents who have to choose between to learn what they think Congress’ pri- something wrong is price discrimina- medication and food or rent. We all orities should be. I received many re- tion against seniors for whom these know that by paying higher prices than sponses from seniors saying Congress pharmaceuticals are vital to sustain individuals anywhere else in the world, must act immediately to help them their health. Americans are subsidizing the drugs with the high cost of prescription That is exactly what I found when I that benefit others. We know that pri- drugs. surveyed our local pharmacies in Aus- vate prescription drug expenditures I heard from seniors like Norma tin, Texas. This occurs, not as a result have been growing at a rate of 17 per- Keyes of Houston who writes, ‘‘I need of any fault on the part of the local cent a year. help with my prescriptions. I spend business, but because the pharma- We do not deny the drug manufactur- over half my Social Security on pre- ceutical industry discriminates against ers, who enjoy the highest profits of scriptions. I can’t get enough money to any industry profits of any industry, pay for my house and taxes.’’ the uninsured. engage in important, sometimes life- Joyce Belyeu wrote, ‘‘I am now re- Last September, I secured the first tired after 53 years of working. I have vote in this Congress to outlaw that saving research that should be encour- Medicare and a supplement, but no pre- type of price discrimination. Unfortu- aged. But the burden should not be on scription drug benefit at all. I can’t af- nately, the Republican members of the the elderly and those least able to af- ford the $250 per month for prescription Committee on Ways and Means joined ford it. Let us clear up one misconception drugs, so I can not take the prescrip- with the pharmaceutical industry to now: H.R. 664 does not mandate price tion daily. I skip days.’’ block that initiative. But with today’s We need to do better, and this Con- discharge petition, we are renewing the controls, but uses market forces such gress must do it. struggle, the struggle to see that as volume buying. The United States makes large public f America’s seniors are dealt with fairly and that they have access to prescrip- commitments to drug research already, TIME TO DO RIGHT BY OUR SEN- tion drugs. We must put a stop to this through taxes and the National Insti- IORS ON PRESCRIPTION DRUGS wrongful price discrimination. tutes of Health research money. While (Mr. SHOWS asked and was given Join us, renew the effort by signing companies in the United States gen- permission to address the House for 1 this petition to end the discrimination erally face an effective taxation rate of minute and to revise and extend his re- against seniors. about 27 percent, drug companies, marks.) through generous tax credits and bene- Mr. SHOWS. Mr. Speaker, I have had f fits, were effectively taxed at roughly the opportunity to visit with many of 16 percent. Financial encouragement of my senior citizens to talk about the research should not be eliminated and high cost of medicine. CONGRESS MUST ACT ON MEDI- would not be under the legislation we Let me tell you about one of my con- CARE PRESCRIPTION DRUG BEN- seek to bring to the floor. stituents, Ms. Lucille Bruce. Ms. Bruce EFIT During the 1984 Waxman-Hatch Act lives in Clinton, Mississippi. She en- (Mr. MCGOVERN asked and was effort and the 1990 Medicaid debate, joyed all the freedoms of being a senior given permission to address the House drug companies complained they would citizen until she started to pay the for 1 minute and to revise and extend have to cut research, yet they subse- high cost of prescription medication his remarks.) quently contradicted themselves by ex- and had to move in with her daughter. Mr. MCGOVERN. Mr. Speaker, the panding it instead. We merely seek to She pays hundreds of dollars each time has come to end the excuses and strike some balance. With the many month for prescription medicine while begin the action on providing a pre- public benefits received by the drug living on a fixed income. scription drug benefit for all our sen- companies also comes some social re- Ms. Bruce told me without her iors. The outrageously high cost of pre- sponsibility. daughter, she did not know how she scription drugs is forcing people to f would make it, and she wonders and is choose between their medicines and PROVIDING FOR CONSIDERATION concerned about seniors who do not their groceries. OF H.R. 2366, SMALL BUSINESS have the family support that she has. Congress must act now, because, LIABILITY REFORM ACT OF 2000 She often feels a burden on her daugh- sadly, we cannot expect the pharma- ter. She is going to have some more ceutical industry to do the right thing Mr. LINDER. Mr. Speaker, by direc- hospital visits, and it may result in and lower their prices. It is now the re- tion of the Committee on Rules, I call more costs to her and her daughter. sponsibility of this Congress to provide up House Resolution 423 and ask for its Because of Ms. Bruce and millions of a comprehensive Medicare prescription immediate consideration. others, I am filing a discharge petition drug benefit and to ensure that all The Clerk read the resolution, as fol- today, H.R. 664, the Prescription Drug Americans can afford their prescrip- lows: Fairness for Seniors Act. We cannot tions. Our goal should be nothing short H. RES. 423 wait; our seniors sure cannot wait. For of a comprehensive benefit. Resolved, That at any time after the adop- every day of inaction there are seniors The Republican leadership of this tion of this resolution the Speaker may, pur- out there doing without medication. suant to clause 2(b) of rule XVIII, declare the It is time to do the right thing and Congress has dragged its feet on this House resolved into the Committee of the make them favorite customers, just issue for too long. The American people Whole House on the state of the Union for like the large HMOs and the Federal want a vote, and they want it now. consideration of the bill (H.R. 2366) to pro- Government. I call on my colleagues to join to- vide small businesses certain protections Mr. Speaker, folks like Ms. Bruce gether and sign the discharge petition from litigation excesses and to limit the need our help. to force a vote. This leadership must product liability of nonmanufacturer prod- uct sellers. The first reading of the bill shall f act now. Our senior citizens, who have raised our families, who have worked be dispensed with. General debate shall be confined to the bill and shall not exceed one PROVIDE A PRESCRIPTION DRUG in our factories, who have fought our BENEFIT FOR SENIORS NOW hour equally divided and controlled by the wars, deserve nothing less than a com- chairman and ranking minority member of (Mr. DOGGETT asked and was given prehensive drug benefit. The excuses the Committee on the Judiciary. After gen- permission to address the House for 1 must end and the action must begin. eral debate the bill shall be considered for

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.036 pfrm13 PsN: H16PT1 H462 CONGRESSIONAL RECORD — HOUSE February 16, 2000 amendment under the five-minute rule. It batable for the time specified in the re- When I was an owner of businesses shall be in order to consider as an original port, equally divided and controlled by before coming to Congress, I thought it bill for the purpose of amendment under the a proponent and an opponent, shall not was hard enough to manage the here five-minute rule the amendment in the na- be subject to an amendment, and can- and now: financing, sales, and competi- ture of a substitute recommended by the Committee on the Judiciary now printed in not be divided in the House or the Com- tion. Today, though, thousands of em- the bill. The committee amendment in the mittee of the Whole. The rule waives ployers have to consider what could be, nature of a substitute shall be considered as all points of order against the amend- simply because they know that a law- read. No amendment to the committee ments printed in the report. yer is always waiting for them to amendment in the nature of a substitute misstep. One hit from a liability law- b 1100 shall be in order except those printed in the suit will kill the average small busi- report of the Committee on Rules accom- Mr. Speaker, the Committee on Rules ness, and when that happens, they have panying this resolution. Each amendment has made in order three amendments not only lost their savings, but they may be offered only in the order printed in offered by Democrats and one amend- have put their employees out of work the report, may be offered only by a Member ment offered by the majority. I want to and ended their dreams of building designated in the report, shall be considered briefly discuss the amendments that as read, shall be debatable for the time speci- their business into an important part fied in the report equally divided and con- will be discussed on the floor following of the American economy. trolled by the proponent and an opponent, general debate. The Small Business Liability Reform shall not be subject to amendment, and shall First, an amendment to be offered by Act will end this culture of fear and re- not be subject to a demand for division of the the gentleman from Arkansas (Mr. turn some measure of security to im- question in the House or in the Committee of HUTCHINSON) would permit a court to portant decisions that come daily for the Whole. All points of order against the exceed the $250,000 cap on punitive the average small business owner. The amendments printed in the report are damages if it finds by clear and con- bill establishes uniform liability rules waived. The Chairman of the Committee of vincing evidence that the defendant that will promote fairness within the the Whole may: (1) postpone until a time during further consideration in the Com- acted with specific intent to cause the justice system, prevent frivolous law- mittee of the Whole a request for a recorded type of harm for which action was suits, and restore sanity to a tort sys- vote on any amendment; and (2) reduce to brought. tem that often employs a scattershot five minutes the minimum time for elec- Second, an amendment to be offered method to liability. Specifically, the tronic voting on any postponed question that by the gentleman from Virginia (Mr. bill ensures that small businesses pay follows another electronic vote without in- MORAN) would clarify that the term their fair share of noneconomic dam- tervening business, provided that the min- ‘‘punitive damages’’ does not include ages without exposing them to dis- imum time for electronic voting on the first civil penalties, civil fines or treble proportionate penalties that threaten in any series of questions shall be 15 min- the viability of otherwise law-abiding utes. At the conclusion of consideration of damages assessed or enforced by a gov- the bill for amendment the Committee shall ernment agency under Federal or State businesses. rise and report the bill to the House with statute. Mr. Speaker, I applaud my friend such amendments as may have been adopted. Third, an amendment to be offered by from California (Mr. ROGAN) for his Any Member may demand a separate vote in the gentleman from North Carolina hard work on this legislation which the House on any amendment adopted in the (Mr. WATT) to eliminate a provision in provides small businesses with a meas- Committee of the Whole to the bill or to the the bill which precludes Federal court ure of stability and predictability when committee amendment in the nature of a jurisdiction. considering how best to direct their op- substitute. The previous question shall be Finally, the rule makes in order a erations in the current legal climate. I considered as ordered on the bill and amend- encourage every Member to support ments thereto to final passage without inter- comprehensive amendment that will be vening motion except one motion to recom- offered jointly by the gentleman from this fair rule and the underlying bill. mit with or without instructions. Michigan (Mr. CONYERS), the ranking Mr. Speaker, I reserve the balance of my time. The SPEAKER pro tempore (Mr. minority member of the Committee on the Judiciary, and the gentleman from Mr. HALL of Ohio. Mr. Speaker, I LATOURETTE). The gentleman from yield myself such time as I may con- Georgia (Mr. LINDER) is recognized for Virginia (Mr. SCOTT). Mr. Speaker, H. Res. 423 permits the sume. 1 hour. I want to thank the gentleman from Chairman of the Committee of the Mr. LINDER. Mr. Speaker, for the Georgia (Mr. LINDER) for yielding me Whole to postpone votes during consid- purpose of debate only, I yield the cus- the customary time. tomary 30 minutes to the gentleman eration of the bill and to reduce voting This is a restrictive rule which will from Ohio (Mr. HALL), pending which I time to 5 minutes on a postponed ques- allow for the consideration of H.R. 2366, yield myself such time as I may con- tion if that vote follows a 15-minute which is the Small Business Liability sume. During consideration of this res- vote. Reform Act. As my colleague from olution, all time yielded is for the pur- Finally, the rule provides one motion Georgia has explained, this rule pro- pose of debate only. to recommit with or without instruc- vides for 1 hour of general debate to be Mr. Speaker, House Resolution 423 is tions, as is the right of the minority. equally divided and controlled by the a fair structured rule providing for con- Mr. Speaker, with all of the acco- Chairman and ranking minority mem- sideration of H.R. 2366, the Small Busi- lades that have circulated in recent ber of the Committee on the Judiciary. ness Liability Reform Act of 2000. H. days as the country enters its 107th The bill limits the punitive damages Res. 423 provides one hour of general month of tremendous economic against small businesses. It also re- debate, equally divided and controlled growth, I place my congratulations duces liability of retailers, wholesalers, by the chairman and ranking minority with the American worker. With that, and distributors. Product liability member of the Committee on the Judi- we must make special recognition for claims are often a burden on small ciary. The rule makes in order the the small businessman. It is these in- businesses and on product sellers. The Committee on the Judiciary’s amend- novative, determined and resourceful mere threat of litigation, even if frivo- ment in the nature of a substitute now employers that employ 60 percent of lous, is enough sometimes to curtail printed in the bill as an original bill for America’s workforce and have been the the activities of some small businesses. the purpose of amendment. engine behind the economy that has This bill attempts to address these and House Resolution 423 makes in order brought our Nation so much success. other liability-related challenges fac- those amendments printed in the Com- However, despite their success, many ing small businesses and product sell- mittee on Rules report accompanying small business owners still operate out ers. this resolution. These amendments of fear. But they do not fear missing a Unfortunately, the sweeping reforms may be offered only in the order print- rent payment or sending a shipment in this bill could have many negative ed in the report and may be offered late. Instead, small business owners consequences, and the President has only by a Member designated in the re- alter their business plans, forego prom- threatened to veto if enacted in its port. ising opportunities, and avoid hiring present form. Additionally, these amendments, the next employee because they fear This restrictive rule gives few oppor- may be considered as read, shall be de- the ambiguous concept of ‘‘liability.’’ tunities to improve the bill. Under the

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.003 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H463 rule, only four amendments selected by Dreier Knollenberg Roukema Moakley Rangel Strickland Duncan Kolbe Royce Mollohan Reyes Stupak the Committee on Rules majority may Dunn Kuykendall Ryan (WI) Moore Rivers Tanner be offered on the House floor. Ehlers LaHood Ryun (KS) Morella Rodriguez Tauscher One of the amendments the Com- Ehrlich Largent Salmon Murtha Rothman Thompson (CA) mittee on Rules denied would have Emerson Latham Saxton Nadler Roybal-Allard Thompson (MS) English LaTourette Scarborough Napolitano Rush Thurman been offered by the gentlewoman from Everett Lazio Schaffer Neal Sabo Tierney California (Ms. LOFGREN) and others. Ewing Leach Sensenbrenner Oberstar Sanchez Towns This amendment maintained the exist- Fletcher Lewis (CA) Sessions Obey Sanders Turner ing legal authority to hold fully ac- Foley Lewis (KY) Shadegg Olver Sandlin Udall (CO) Fossella Linder Shaw Ortiz Sawyer Udall (NM) countable unethical gun dealers and Fowler LoBiondo Shays Owens Schakowsky Velazquez the manufacturers of cheap Saturday Franks (NJ) Lucas (KY) Sherwood Pallone Scott Visclosky night specials. Frelinghuysen Lucas (OK) Shimkus Pascrell Serrano Waters Gallegly Manzullo Shuster Pastor Sherman Watt (NC) Mr. Speaker, too many crimes in our Ganske McCrery Simpson Payne Shows Waxman Nation take place with easily available Gekas McHugh Sisisky Pelosi Skelton Weiner guns, and we need every tool we can to Gibbons McInnis Skeen Phelps Slaughter Wexler end this plague of violence. That is Gilchrest McIntosh Smith (MI) Pickett Smith (WA) Wise Gillmor McKeon Smith (TX) Pomeroy Spratt Woolsey why more than 20 cities and counties in Gilman Metcalf Souder Price (NC) Stabenow Wu the country are holding manufacturers Goode Mica Spence Rahall Stark Wynn and dealers liable. It is a valuable tool Goodlatte Miller (FL) Stearns Goodling Miller, Gary Stenholm NOT VOTING—24 in the battle against gun violence. Goss Moran (KS) Stump Baird Cooksey McIntyre Without the Lofgren amendment, Granger Moran (VA) Sununu Baldacci DeFazio Myrick this bill will make it more difficult for Green (WI) Nethercutt Sweeney Bishop Frost Sanford cities and counties to use this tool. The Greenwood Ney Talent Brown (OH) Graham Smith (NJ) Gutknecht Northup Tancredo Callahan Gutierrez Snyder organization, Handgun Control, labeled Hansen Norwood Tauzin Campbell Lowey Tiahrt the bill ‘‘The Gun Industry Relief Act’’ Hastings (WA) Nussle Taylor (MS) Capps Martinez Vento because it lets some manufacturers and Hayes Ose Taylor (NC) Clay McCollum Weygand Hayworth Oxley Terry dealers off the hook for their actions. Hefley Packard Thomas b 1130 The Committee on Rules should have Herger Paul Thornberry made this amendment in order so that Hill (MT) Pease Thune Ms. DEGETTE, Ms. RIVERS, and it could be fully debated on the House Hilleary Peterson (MN) Toomey Messrs. FORBES, RANGEL, MINGE, Hobson Peterson (PA) Traficant floor. However, the Committee on CLYBURN and CUMMINGS changed Hoekstra Petri Upton their vote from ‘‘yea’’ to ‘‘nay.’’ Rules, on a 6–3 straight party-line vote Horn Pickering Vitter rejected it. I regret that so early in the Hostettler Pitts Walden So the resolution was agreed to. Walsh session this year the Committee on Houghton Pombo The result of the vote was announced Hulshof Porter Wamp as above recorded. Rules is starting with restrictive rules Hunter Portman Watkins like this. Hutchinson Pryce (OH) Watts (OK) A motion to reconsider was laid on Mr. Speaker, I yield back the balance Hyde Quinn Weldon (FL) the table. Isakson Radanovich Weldon (PA) f of my time. Istook Ramstad Weller Mr. LINDER. Mr. Speaker, I yield Jenkins Regula Whitfield GENERAL LEAVE back the balance of my time, and I Johnson (CT) Reynolds Wicker Wilson move the previous question on the res- Johnson, Sam Riley Mr. ROGAN. Mr. Speaker, I ask Jones (NC) Roemer Wolf unanimous consent that all Members olution. Kasich Rogan Young (AK) The previous question was ordered. Kelly Rogers Young (FL) may have 5 legislative days within The SPEAKER pro tempore (Mr. King (NY) Rohrabacher which to revise and extend their re- Kingston Ros-Lehtinen marks on H.R. 2366, the legislation LATOURETTE). The question is on the about to be considered. resolution. NAYS—187 The question was taken; and the The SPEAKER pro tempore (Mr. Abercrombie Dingell Jones (OH) LATOURETTE). Is there objection to the Speaker pro tempore announced that Ackerman Dixon Kanjorski the ayes appeared to have it. Allen Doggett Kaptur request of the gentleman from Cali- Mr. HALL of Ohio. Mr. Speaker, I ob- Andrews Dooley Kennedy fornia? Baca Doyle Kildee There was no objection. ject to the vote on the ground that a Baldwin Edwards Kilpatrick quorum is not present and make the Barcia Engel Kind (WI) f point of order that a quorum is not Barrett (WI) Eshoo Kleczka Becerra Etheridge Klink REMOVAL OF NAME OF MEMBER present. Bentsen Evans Kucinich AS COSPONSOR OF H.R. 2372 The SPEAKER pro tempore. Evi- Berkley Farr LaFalce dently a quorum is not present. Berman Fattah Lampson Mr. BARCIA. Mr. Speaker, I ask The Sergeant at Arms will notify ab- Berry Filner Lantos unanimous consent to have my name Blagojevich Forbes Larson removed as a cosponsor of H.R. 2372. sent Members. Blumenauer Ford Lee The vote was taken by electronic de- Bonior Frank (MA) Levin The SPEAKER pro tempore. Is there vice, and there were—yeas 223, nays Borski Gejdenson Lewis (GA) objection to the request of the gen- Boswell Gephardt Lipinski 187, not voting 24, as follows: tleman from Michigan? Boucher Gonzalez Lofgren There was no objection. [Roll No. 23] Brady (PA) Gordon Luther Brown (FL) Green (TX) Maloney (CT) f YEAS—223 Capuano Hall (OH) Maloney (NY) Aderholt Boehlert Coble Cardin Hall (TX) Markey SMALL BUSINESS LIABILITY Archer Boehner Coburn Carson Hastings (FL) Mascara REFORM ACT OF 2000 Armey Bonilla Collins Clayton Hill (IN) Matsui Bachus Bono Combest Clement Hilliard McCarthy (MO) The SPEAKER pro tempore. Pursu- Baker Boyd Condit Clyburn Hinchey McCarthy (NY) ant to House Resolution 423 and rule Ballenger Brady (TX) Cook Conyers Hinojosa McDermott Barr Bryant Cox Costello Hoeffel McGovern XVIII, the Chair declares the House in Barrett (NE) Burr Cramer Coyne Holden McKinney the Committee of the Whole House on Bartlett Burton Crane Crowley Holt McNulty the State of the Union for the consider- Barton Buyer Cubin Cummings Hooley Meehan ation of the bill, H.R. 2366. Bass Calvert Cunningham Danner Hoyer Meek (FL) Bateman Camp Davis (VA) Davis (FL) Inslee Meeks (NY) b 1131 Bereuter Canady Deal Davis (IL) Jackson (IL) Menendez Biggert Cannon DeLay DeGette Jackson-Lee Millender- IN THE COMMITTEE OF THE WHOLE Bilbray Castle DeMint Delahunt (TX) McDonald Accordingly, the House resolved Bilirakis Chabot Diaz-Balart DeLauro Jefferson Miller, George Bliley Chambliss Dickey Deutsch John Minge itself into the Committee of the Whole Blunt Chenoweth-Hage Doolittle Dicks Johnson, E.B. Mink House on the State of the Union for the

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.015 pfrm13 PsN: H16PT1 H464 CONGRESSIONAL RECORD — HOUSE February 16, 2000 consideration of the bill (H.R. 2366) to will be liable in product liability cases ought to begin with the observation of provide small businesses certain pro- when they are responsible for the the necessity for truth in labeling. The tections from litigation excesses and to claimant’s harm. Innocent sellers fi- sponsors of this bill have had the cour- limit the product liability of nonmanu- nally will find protection from frivo- age to put small business liability, to facturer product sellers, with Mr. lous lawsuits. put ‘‘small’’ in the title. They have THORNBERRY in the Chair. The bill would not change the cur- been bold enough to include this phrase The Clerk read the title of the bill. rent liability rules if the manufacturer in the title. The CHAIRMAN. Pursuant to the is not subject to judicial process or is The problem, of course, is on any rule, the bill is considered as having judgment-proof. In either of those reading of this, this measure is in no been read the first time. cases, the seller would still be liable way limited to small business. Title II, Under the rule, the gentleman from for the harm. This provision will pro- which limits the liability of product California (Mr. ROGAN) and the gen- tect innocent claimants from being left sellers, contains no size limitation tleman from Michigan (Mr. CONYERS) with no redress in the courts if they whatsoever. The fact that we talk each will control 30 minutes. are harmed. It simply focuses liability about 25 employees or less ignores the The Chair recognizes the gentleman on the party where it is most appro- simple fact that there is no constraint from California (Mr. ROGAN). priately targeted. on the amount the business is doing in Mr. ROGAN. Mr. Chairman, I yield Furthermore, it shields renters and terms of revenues. myself such time as I may consume. lessors from being held liable for some- Hundreds of millions, if not billions Mr. Chairman, I introduced the one else’s wrongful conduct simply due of dollars, could be included, as we Small Business Liability Reform Act to product ownership. know, in financial organizations that last summer, along with the gentleman An amendment that my good friend, frequently have far less than 25 em- from Pennsylvania (Mr. HOLDEN), the the gentleman from Arkansas (Mr. ployees. So this is not a small business gentleman from Virginia (Mr. MORAN), HUTCHINSON), will offer later is the re- bill. and the gentleman from North Caro- sult of continuing discussions that Of course, to fundamentally limit lina (Mr. BURR) with the express intent began during our committee delibera- victims’ rights when it comes to dan- of advancing the cause of small busi- tions as to whether there should be gerous products, negligence and other ness owners across the Nation. Its pro- some exception to the punitive damage misconduct is, to me, going in the visions are designed to improve the cap when a small business defendant wrong direction, because it follows the fairness of the civil justice system, to has acted with the intent to commit a form of other liability legislation we enhance its predictability, and to specific harm. In that case, an excep- passed that is already going in the eliminate the wasteful and excessive tion is appropriate. wrong direction. costs of the legal system by reducing These issues are familiar to many of This bill has to stand next to the unnecessary litigation. our colleagues. In the 104th Congress, class action bill that federalized most In H.R. 2366, my colleagues and I this House passed legislation, including class actions; the statute of repose bill have attempted to approach this goal similar, more broadly applied punitive that created an 18-year limit on dura- in an incremental and pragmatic way damage and joint liability reforms, as ble goods and machinery and equip- by focusing on a few narrowly crafted well as the product seller liability ment. And now we come up with a bill reforms that have won the bipartisan standard. More recently, provisions misnamed a small business bill, which support of Members in this Chamber in similar to the latter two were included puts a cap on punitive damages, limits recent years. in product liability litigation that was joint and several liability and exempts This bill was crafted with an eye to- debated in the Senate during the 105th a number of corporations from the doc- ward helping America’s small busi- Congress, which the President then in- trines of strict liability, failure to nesses become more competitive, more dicated he would sign if given the op- warn, and breach of an implied con- profitable, and better able to resist the portunity. tract. single greatest threat to their exist- Further, Title II’s joint liability re- This is a serious move in the wrong ence, a frivolous lawsuit that can ruin forms borrow from those enacted by direction. It is not just an unnecessary a small business overnight and crush the Congress in 1997 as part of the Vol- bill; it is moving way, way in a direc- the American dream for those men and unteer Protection Act. tion that I do not think most of the women who are driving our Nation’s Mr. Chairman, this bill presented be- Members here, once they recognize economic expansion. fore our colleagues today is supported what is in this bill, will support. For the smallest of America’s busi- by the United States Chamber of Com- First, the bill imposes severe evi- nesses, those with fewer than 25 full- merce, National Federation of Inde- dentiary restrictions and an overall time employees, this bill limits puni- pendent Businesses, the National Asso- cap of $250,000 in punitive damages in tive damages that may be awarded ciation of Manufacturers, the Associa- every civil case against businesses with against a small business to the lesser tion of Builders and Contractors, the fewer than 25 employees. Collectively, of three times the claimant’s compen- National Association of Wholesale Dis- these restrictions are likely to elimi- satory damages, or $250,000. Punitive tributors, the National Restaurant As- nate not only the incentive for seeking damages would be allowed in cases sociation, and millions of small busi- punitive damages but it also elimi- where the plaintiff shows by clear and ness-owning men and women around nates any realistic possibility of ob- convincing evidence that the defendant our country who are looking to Con- taining them. It sends exactly the engaged in particularly egregious mis- gress for fairness in the court system. wrong message to people with delib- conduct. Mr. Chairman, the purpose of this erate intent to do wrong, people who It is important to note that this cap legislation is to reduce needless litiga- are not concerned with the consider- on punitive damages does not cap or di- tion that unfairly burdens and easily ations of safety in the workplace. They minish a claimant’s right to sue for can cripple small businesses with are being told it does not matter how both economic and noneconomic losses, wasteful legal costs. I look forward to harmful or malicious their action or such as lost wages, medical bills and the support of our colleagues on this behavior is, they will never be realisti- pain and suffering. vital measure to protect every Amer- cally subject to significant punitive Similarly, the bill provides that a ican, small business owner, from the damages, which erodes the whole con- small business shall be liable for non- threat of back-breaking litigation. cept of punitive damages. economic damages in proportion to Mr. Chairman, I reserve the balance When we eliminate joint and several their responsibility for causing a of my time. liability for noneconomic damages, we claimant’s harm. As such, our bill bor- Mr. CONYERS. Mr. Chairman, I yield are eliminating in those few cases the rows from the California model enacted myself such time as I may consume. right to pain and suffering recovery overwhelmingly by referendum in 1986, (Mr. CONYERS asked and was given and loss of life and limb that so fre- which abolished joint liability for permission to revise and extend his re- quently is important in the cases these kind of damages. marks.) where those theories would apply. Title II of the bill provides that prod- Mr. CONYERS. Mr. Chairman, we are This has the effect of making inno- uct sellers other than manufacturers now confronted with a measure that cent victims bear the risk of loss when

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.018 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H465 a co-defendant is judgment-proof and from Michigan (Mr. CONYERS), the when defendants cannot be held jointly would severely discriminate against ranking member and chairman to be, responsible for non-economic damages. seniors and women who bear the great- will be introducing that amendment Unfortunately, the burden of uncom- est portion of noneconomic damages in later. But there are some false infer- pensated non-economic loss is most our society. ences represented in the bill’s title. likely to fall on those least likely to To take one class of defendants and The title is Small Business Liability protect themselves: the poor, the elder- relieve them of responsibility from the Reform Act. While the bill purports to ly, the disabled. And because these per- doctrines of strict liability, the failure protect small businesses which presum- sons make limited incomes and do not to warn or breach of implied warranty, ably do not possess the resources to de- work, they are least likely to collect is unbelievable, leaving only a plaintiff fend themselves against supposedly large sums in economic damages and, with negligence as a cause of action. frivolous and costly lawsuits, the truth therefore, must depend on awards of So, in my view, the legislation is not about the Small Business Liability Re- non-economic loss if they are to re- just unnecessary, it is misleading and form Act is that it rewards all busi- cover any significant compensation at it is reckless and it should be turned nesses, big and small, with broad and all. aside. sweeping legal protections when they Again, there are numerous reasons to Mr. Chairman, I reserve the balance cause personal and financial injury due oppose the bill, but in its entirety, the of my time. to defective products. bill sets a dangerous precedent in law. Mr. ROGAN. Mr. Chairman, I yield 3 With those parts of the bill which ac- It encourages corporate misconduct, minutes to the gentlewoman from New tually pertain to small business, the endangers health and safety, and leaves York (Mrs. KELLY). small business in this bill contains no injured people with little compensation Mrs. KELLY. Mr. Chairman, I rise qualifier that limits their revenues. So for their pain and suffering. today in support of this legislation even billion-dollar corporations can So I ask my colleagues to vote no on which seeks to enact reasonable re- still qualify for small business protec- this anti-consumer legislation. forms to liability laws affecting Amer- tion. Mr. ROGAN. Mr. Chairman, I yield 3 ica’s small businesses. Through passage While the bill purports to constitute minutes to our friend and colleague, of this legislation today, this body liability reform, the language is the gentleman from Pennsylvania (Mr. makes clear its dedication to pro- overbroad and covers contract law, HOLDEN). moting sensible policies which ac- antitrust law, trademark protection, Mr. HOLDEN. Mr. Chairman, I am knowledge the importance of our small and other areas not properly consid- pleased to join my colleague from Cali- businesses. ered by the committee. fornia in cosponsoring H.R. 2366, the As vice chairman of the Committee Although the Conyers/Scott amend- Small Business Liability Reform Act of on Small Business, I can attest that it ment seeks to inject some truth in ad- 1999. is the work and energy of small busi- vertising into the legislation, there are Like the other pieces of civil justice ness enterprises that comprise a driv- other problematic provisions. For ex- reform legislation that have recently ing force behind our Nation’s economy. ample, the bill will raise the bar for been enacted into Federal law, this bill It is essential that we continually awarding punitive damages, capping departs from the comprehensive ap- work to ensure that they are able to the damages at a maximum of $250,000 proach that advocates of broad product operate in a free and fair marketplace. and making it more difficult to get pu- liability and tort reform have taken in In supporting this bill, we also make nitive damages. While the proponents the past. clear today our reproach for those who of caps on punitive damages claim that Instead, this bill focuses on a few key seek to exploit shortcomings in current those caps would discourage frivolous specific liability issues: the exposure of liability statutes. lawsuits, those Draconian caps and ar- small business with fewer than 25 full- Approval of this measure will mark bitrary caps would actually apply to time employees to joint liability for an important stride in removing the least frivolous lawsuits, those which in non-economic damages and punitive onerous and unreasonable threat of fact can get the larger damages. damages, and the exposures of retail- litigation which serves to stifle the In fact, punitive damages are rare ers, wholesalers, distributors, and growth and entrepreneurial spirit of and available only when a defendant is other non-manufacturing product sell- small businesses. engaged in the worst misconduct. This ers to product liability lawsuits for Current liability law encourages bill would effectively give businesses harms they did not cause. many of these businesses to impose licenses to engage in reckless behavior Mr. Chairman, I have many small limitations on their own promise, to as long as they are willing to pay the businesses in my Congressional district bypass opportunities to improve and $250,000 price tag. Because the bill does that stand to benefit greatly from this expand. This not only conflicts fun- not define a small business in terms of legislation. Many of these businesses damentally with our American char- revenue, this may be a small price to have been family run for several gen- acter, but it is an unnecessary re- pay for those companies who have reve- erations, and this bill will protect straint on the livelihood of the mil- nues in the millions and even billions them from the type of frivolous litiga- lions of Americans who work for these of dollars. tion that threatens their existence. businesses. This simply is not right, The bill eliminates joint and several Let me emphasize that the bill we and this Congress ought to do what it liability for non-economic damages, are considering here today is careful can to change it. thus preventing many injured persons not to overreach. As I previously indi- I ask my colleagues to join me in from full compensation for their in- cated, this is a narrowly crafted, tight- doing so today, by voting in favor of jury. This bill would preempt laws in ly focused bill. The provisions restrain- this sensible reform measure. most States where injured persons are ing joint liability and punitive dam- Mr. CONYERS. Mr. Chairman, I yield permitted to collect damages from any ages do not apply to civil cases that 4 minutes to the gentleman from Vir- of the people that are found respon- may arise from certain violations of ginia (Mr. SCOTT). sible. criminal law or gross misconduct. Nor Mr. SCOTT. Mr. Chairman, I thank The rationale is that injured parties do they apply in States that elect to the gentleman from Michigan (Mr. should not suffer because one or more opt out with respect to cases brought CONYERS) for yielding me this time. of the wrongful actors cannot com- in State court in which parties are citi- Mr. Chairman, I rise to speak in pensate them for a number of reasons. zens of that State. strong opposition to the Small Busi- For example, that party might not The product seller liability provi- ness Liability Reform Act and speak in even be a party to the lawsuit, they sions are strictly confined to product support of the Conyers-Scott amend- may be a foreign company, they may liability actions and protect the ability ment when I speak later on. have gone bankrupt. And the non-eco- of innocent victims of defective prod- nomic damages, including the loss of a ucts to fully recover damage awards b 1145 spouse or child, the loss of fertility, the which they are entitled. Mr. Chairman, there are numerous loss of a limb, disfigurement, or chron- Mr. Chairman, some of my colleagues problems with the bill. The gentleman ic pain, those losses go uncompensated who oppose this legislation might say

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.020 pfrm13 PsN: H16PT1 H466 CONGRESSIONAL RECORD — HOUSE February 16, 2000 the bill is unnecessary. They may say that there is a problem. In fact, it was profit from dangerous products. Under this last year there were only 14 cases the previous speaker who spoke in sup- current law, a seller warrants that the where punitive damages were awarded port of the bill that, last year, in the product it sells is safe. The consumer in the entire United States. entire United States, there were 14 then has the confidence of being able to That may be true, Mr. Chairman, but cases where juries awarded punitive use the product without risking injury. it is irrelevant. It is irrelevant because damages. But the proponents would H.R. 2366 takes away the only legal it does not take into account the suggest there is a problem. There is no reason a consumer would have con- countless incidences where cases were evidence and there is no data to that fidence. It changes the law and allows filed that seek such extraordinarily effect. the retailer to sell and make money high punitive damages that defendants The real problem is that this negates from a defective product that the re- are frightened into settlement rather the entire purpose of punitive damages. tailer knows or should have known is than risking what might happen in a And the purpose of punitive damages is dangerous. If the seller gets a benefit, court of law. This bill tries to put an to deter misconduct, wanton and will- they should also pay when consumers end to this abuse. ful and egregious misconduct. The ra- are hurt. Lastly, Mr. Chairman, the provisions tionale for punitive damages is to in- In conclusion, H.R. 2366 takes away of this legislation have previously won duce companies to spend the money to corporate incentives to produce and bipartisan support in this chamber as safeguard workers and protect con- sell safe products. This bill puts profit well as the other body. Although lim- sumers rather than take the risk of before product safety. ited in scope, their enactment into law being hit with substantial damages Mr. Chairman, I strongly urge my will reduce unnecessary litigation and down the road. colleagues to vote no on H.R. 2366. wasteful legal costs and improve the This bill will fail to deter mis- Mr. ROGAN. Mr. Chairman, I yield 3 administration of civil justice across conduct. It will fail and will allow for minutes to my patient friend and col- this country. injuries that were fully foreseeable and league, the gentlewoman from Illinois I urge my colleagues on both sides of preventable from happening. (Mrs. BIGGERT). (Mrs. BIGGERT asked for and was the aisle to vote yes and pass this lim- This bill is nothing more than a war- given permission to revise and extend ited but meaningful civil justice re- rant for corporate recklessness. And, of course, the bill overreaches in this and her remarks.) form bill. Mrs. BIGGERT. Mr. Chairman, I rise Mr. CONYERS. Mr. Chairman, I am many other ways. It eviscerates the traditional product liability law in this today in support of H.R. 2366, and I pleased to yield 41⁄2 minutes to the gen- commend my colleague, the gentleman tleman from Massachusetts (Mr. country. It exempts all product sellers, renters, and lessors regardless of their from California (Mr. ROGAN), for his DELAHUNT), a member of the com- sponsorship of this legislation. mittee. size. Again, no, it is not about small busi- The Small Business Liability Reform Mr. DELAHUNT. Mr. Chairman, well, ness. This bill should be defeated. Act will help alleviate the abusive and here we go again. We have a bill before Mr. ROGAN. Mr. Chairman, I reserve frivolous lawsuits filed against the us now that would sweep aside genera- the balance of my time. smallest of America’s smallest busi- tions of State laws that protect con- Mr. CONYERS. Mr. Chairman, I yield nesses. sumers so that corporations can evade 3 minutes to the gentleman from Ohio b 1200 their responsibilities for wrongs that (Mr. KUCINICH). they commit. Mr. KUCINICH. Mr. Chairman, I I have long been a supporter, a strong Forget about States’ rights. Fed- thank the gentleman for yielding me supporter, of tort reform. As a State eralism as a core Democratic principle the time. I also want to thank the gen- representative, I sponsored legal re- is withering away in this institution, tleman and the gentlewoman for their forms to ensure that businesses in Illi- and this proposal is an example of that. indulgence. nois could operate and compete on a Earlier today, the Committee on the Mr. Chairman, I rise today in opposi- fair, flexible, and equal opportunity in Judiciary was to consider a proposal tion to H.R. 2366. This bill would strip the marketplace. I am proud to con- which would shift to the Federal courts society of the important tools it uses tinue these efforts here in Congress. local zoning issues. And those that to deter bad behavior by corporations. Small businesses create the bulk of our speak and preach States’ rights and de- At stake is a wall of legal safeguards Nation’s jobs. Yet a recent survey of evolution I suggest should revisit their that protect people from malicious more than 1200 small businesses found words. conduct by businesses. that one in three have been sued, and Let me join with others who have Title I of this bill encourages a com- more than half have been threatened stressed that we are not talking about pany to act egregiously and to act with with a lawsuit in the last 5 years. Our small businesses here. I mean, if we flagrant disregard to the rights and small businesses are being victimized read the bill, that simply is inaccurate. safety of American consumers. Addi- by the litigiousness of our society and It is absurd in fact. There are no rev- tionally, despite the title’s deceptive they desperately need relief. enue caps in this legislation. The bill suggestion, Title II unfairly exempts Small business owners face rising would permit large, prosperous busi- from liability both small and large costs for liability insurance, not to nesses making enormous profits to es- business retailers for the sale of defec- mention the crippling cost of defending cape liability so long as they maintain tive products. themselves should they be named in a a small employee base. Title I of H.R. 2366 takes the bite out lawsuit. Innocent or not, defending A corporation could have millions of of monetary damages imposed for mali- oneself is costly. The estimated cost of dollars of revenue, tens of millions of cious corporate conduct. The punitive a business owner’s defense in the aver- dollars in revenue, hundreds of millions damages are designed to punish cor- age lawsuit is $100,000. Considering that of dollars in revenue, and they could porations for willful misconduct and it the actual salary of a typical small evade their responsibility under the pa- deters future reckless behavior. This business owner is between $40,000 and rameters of this bill. bill caps punitive damages to the arbi- $50,000, it is easy to see that just one But, of course, while the bill does not trary amount of a quarter of a million frivolous lawsuit can easily put a small put caps on revenues of profits, it does dollars. firm out of business. cap punitive damages, punitive dam- H.R. 2366 takes away the deterring ef- H.R. 2366 provides crucial limits on ages that would apply to conduct that fect of punitive damages and sets a the lawsuits by capping punitive dam- is so egregious it would border on the price at which companies can figure in ages at $250,000, or three times non- criminal. the expense of conducting business ma- economic damages, for businesses only Now, the proponents of the bill claim liciously. This bill deprives the jury with fewer than 25 employees. I would that a cap is necessary to prevent ju- from the ability to hold a company like to see how many small mom and ries, juries made up of American citi- morally responsible for their willful pop stores would ever dream of having zens, people in the community, from misconduct. revenues of $100,000, $200,000, $300,000 awarding appropriate punitive dam- Title II of H.R. 2366 unfairly protects and the riches that the Members across ages. Of course, there is no evidence all business retailers in their ability to the aisle seem to imply.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.023 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H467 It also abolishes joint liability for passed, that we would do that in time issue this way. I do not think we should be noneconomic damages, ensuring that for the beginning of this school year. giving a court holiday to the manufacturer of small business owners are only liable Time is a-wasting. My daughter is now the Tec DC±9. That gun manufacturer tried to for damages in proportion to their preparing for her high school gradua- evade the rules and the laws that Congress fault. H.R. 2366 embodies key legal re- tion, not the onset of high school, and adopted against assault weapons by slight forms that this House has overwhelm- yet we have done nothing, to do noth- modifications to their weapons to evade our ingly supported in the past. This bill is ing except propose to take away the proscriptions. We know the result of that eva- good business and good law. I urge my only tool that exists for local govern- sion was that their weapon was available and colleagues to support H.R. 2366 to enact ment to try and get control of this out- young people in Columbine High School lost small business legal reform that is long of-control gun violence issue. I think their lives. overdue. what we are doing is shameful. I am a member of the Juvenile Justice Con- Mr. CONYERS. Mr. Chairman, I yield I would hope that we would listen to ference Committee. I am mindful that we have 5 minutes to the gentlewoman from the Council of State Governments and met only once and that was on August 3rd of California (Ms. LOFGREN), a distin- butt out of this litigation issue, that last year. There was a lot of talk at that time guished member of the Committee on we would not create a web of safety for by the majority about how we would come to- the Judiciary who has worked very gun manufacturers who have acted im- gether and address the gun safety issues that hard on the measure. properly. I would add that we offered the Senate had passed, that we would do that Ms. LOFGREN. Mr. Chairman, I op- an amendment at the Committee on in time for the beginning of the school year, pose the bill before us today, and I Rules, myself and the gentlewoman that is, the school year that began last Sep- think it is worth pointing out that I from New York (Mrs. MCCARTHY) and tember. Well, time is a-wasting. My daughter am joined in this opposition by the Vi- the gentlewoman from Colorado (Ms. is now preparing not for the beginning of the olence Policy Center, the National DEGETTE) and the gentlewoman from year but for her high school graduation. Yet Conference of State Legislatures, Connecticut (Ms. DELAURO) and some we have done nothingÐnothing except pro- Handgun Control, as well as the attor- others. That amendment was not put in pose to take away the only tool that exists for ney general of the State of California. order. I think that was a real shame, local government to try to get control of this This so-called small business liabil- that we would not have an opportunity out-of-control gun violence issue. I think what ity reform bill offered by the gen- to exempt gun dealers and manufactur- we are doing is shameful. tleman from California (Mr. ROGAN) is ers from the protections that this bill I would hope that we would listen to the not really about small businesses at would provide. Council of State Governments who believe all. In fact, the businesses may be quite Because of that and many other rea- this is their business, not ours, and butt out of big, making millions and millions of sons, I would hope that people who this litigation issue. I would hope that we dollars and still be protected by this want to do something about gun vio- would not create a safety shield that protects bill. It is only judged small by the lence, people who feel that we owe gun manufacturers who have acted improp- number of employees. something to the mothers and fathers erly. It is not like we haven't tried to avoid this Interestingly enough, it turns out of this country to make their children miscarriage. I argued against this in an that the manufacturers of most of the a little bit safer in school from gun vio- amendment offered in the Judiciary Com- guns that have caught our attention in lence, that we will vote against this mittee. We offered the same amendment be- the tragedies that have beset this Na- measure. That is all that we can do in fore the Committee on Rules, myself, the gen- tion, for example, the horrible shoot- decency. tlewoman from New York (Mrs. MCCARTHY), ings in Columbine, were in fact manu- Mr. Chairman, I oppose the bill before us the gentlewoman from Colorado (Ms. factured by gun companies that fall today. I think it is worth pointing out that I am DEGETTE), and the gentlewoman from Con- below the 25-employee limit, who joined in this opposition by the Violence Policy necticut (Ms. DELAURO). That amendment was would be, if this bill were to pass, im- Center, the National Conference of State Leg- ruled out of order even though it was germane mune from liability. islatures, Handgun Control, as well as the At- That liability is now being pursued and voted upon in the Judiciary Committee. It torney General of the State of California. was ruled out of order for a vote by the full by a number of local governments. For This so-called small business liability reform House. I think that was a real shame, that we example, back home, the county of San bill, offered by the gentleman from California would not have an opportunity for the mem- Mateo and the city of Los Angeles are (Mr. ROGAN), is not really about small busi- bers of this House to exempt gun dealers and pursuing lawsuits against gun manu- nesses at all. In fact, the businesses may be manufacturers from the protections that this facturers and dealers to try and assess quite big, making millions and millions of dol- bill would provide. the responsibility for wrong behavior. lars and still be protected by this bill for small Unfortunately, this bill would put businesses. It is only judged small by the For this and many other reasons, I would those lawsuits out of court. I do not number of employees. hope that people who want to do something think that is the right thing to do. I do Interestingly enough, it turns out that the about gun violence, people who feel that they not think that is the right thing for manufacturers of most of the guns that have owe something to the mothers and fathers of this Congress to do. caught our attention in the tragedies that have this country to make their children a little bit Now, it may be true that the causes beset this Nation, including the horrible shoot- safer in school from gun violence, that they of action being pursued by these local ings in Columbine, were gun manufacturers will vote against this measure. That is all that governments to hold these gun manu- that fall below the 25-employee limit and who they can do in decency and justice. facturers responsible for misbehavior, would be, if this bill were to pass, immune Mr. ROGAN. Mr. Chairman, I yield it may be that these causes of action from liability for the damage they've done. myself such time as I may consume. will not be sustained. But I do not be- Liability for wrong doing by these manufac- Just briefly in response to the com- lieve it is proper for Congress to inter- turers is now being pursued by a number of ments of my friend and colleague from vene in that judicial process. I do not local governments. For example, back home California, I think it is wholly unfortu- think we should be giving a court holi- in California, the county of San Mateo and the nate that she wishes to hold up this day to the manufacturer of the Tec city of Los Angeles are suing gun manufactur- bill, which is so necessary for small DC–9 that tried to evade the rules and ers and dealers for wrong behavior, to try and businesses, in the mistaken attempt of the laws that Congress adopted against assess their irresponsibility. Unfortunately, this turning this into somehow some gun assault weapons. We know the result of bill would put such lawsuits out of court and control bill. The fact is, Mr. Chairman, that evasion was that young people in on the street. I do not think that is the right her claim that some of these lawsuits Columbine High School lost their lives. thing for this Congress to do. or all of these lawsuits would be I am a member of the Juvenile Jus- Now, of course, it may be true that the thrown out of court simply misses the tice Conference Committee. I am mind- causes of action being pursued in court by mark. ful that we have met only once. We these local governments, seeking to hold As I indicated in my opening state- met on August 3 of last year. There was these gun manufacturers responsible for mis- ment, this bill would do nothing to pre- a lot of talk at that time that we behavior, may not be upheld. But I do not be- clude a claimant from obtaining eco- would come together and address the lieve it is proper for Congress to intervene in nomic damages which include wages, gun safety issues that the Senate had such judicial processes and determine the medical expenses, and business loss. It

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.026 pfrm13 PsN: H16PT1 H468 CONGRESSIONAL RECORD — HOUSE February 16, 2000 would do nothing to preclude a claim- the damages that are caused; and if the b 1215 ant from receiving noneconomic dam- manufacturer has gone out of business Mr. CHABOT. Mr. Chairman, I rise ages, such as pain and suffering, dis- or somebody who misused the product today as both a Member of the Com- figurement, loss of enjoyment or com- in installing it or some other involve- mittee on the Judiciary and Com- panionship and other recognized dam- ment in it goes out of business, that mittee on Small Business to urge my ages. Finally, Mr. Chairman, this bill small businessperson can be left with colleagues to support H.R. 2366, the again would do nothing under the an enormous amount of liability and Small Business Liability Reform Act of amendment that I contemplate will be should not face that if they only cause 1999, and I would like to commend my accepted if in fact there was an inten- a small portion of the damages in- colleague from the Committee on the tional wrong done by a small volved. Judiciary, the gentleman from Cali- businessperson who happened to be a And then finally, we know about all fornia (Mr. ROGAN), for his leadership gun manufacturer. of these lawsuits that are filed where a in this area. I hate to see this bill held up by shotgun approach is used where a Small businesses with 25 or fewer those attempting to pursue a gun con- whole host of defendants are made a full-time workers employ nearly 60 per- trol agenda. This is not about gun con- party to the suit and somebody is cent of the American workforce. Their trol. This is about small businesspeople brought in as a defendant in a suit and continued vitality is essential to our being given the protection of law that they really have a very limited liabil- strong economy. However, just one they so desperately need to keep their ity for it; but there is not a clear defi- lawsuit, frivolous or not, can easily de- small businesses afloat. nition of what that liability might be. stroy a small business. Mr. Chairman, I yield such time as he And so when we have the provision in Today, small businesses operate in may consume to my good friend, the title II that establishes a uniform li- constant fear that they will be named gentleman from Virginia (Mr. GOOD- ability standard that would be applied as a defendant in a lawsuit, be found LATTE). to nonmanufacturers or product sellers minimally responsible for the claim- Mr. GOODLATTE. Mr. Chairman, I in product liability cases, a standard ant’s harm, and be financially crushed thank the gentleman for yielding me that would allow the product sellers to under the weight of damages and attor- this time, and I congratulate him for be liable only for the harms caused by neys’ fees and the rest. his outstanding work on this issue their own negligence, intentional mis- According to a recent Gallop survey, which is so important to small conduct or when the manufacturing one out of every five small businesses businesspeople across this country but supplier is culpable but judgment- decides not to hire more employees, to others as well. Small businesses cre- proof, it seems to me that setting a not to expand its business, not to intro- ate more new jobs in this country than definite national standard when so duce a new product or not to improve all of the large corporations in Amer- many of these transactions involve an existing product out of fear of liti- ica combined. Small business, the mil- interstate commerce is entirely appro- gation. lions of small businesses we have, are priate for the Congress to do. Mr. Chairman, H.R. 2366 would help the engine that drives our economy. I commend the gentleman for his alleviate the tremendous burden and They are so often the ones that create support for this legislation. I commend fear of unlimited liability on busi- the new jobs, new enterprises that grow him for garnering the kind of bipar- nesses that employ less than 25 people later into larger businesses that pro- tisan support that he has and support by making two modest changes to ex- vide more jobs. But for a company that from a whole host of organizations con- isting tort law, while still steadfastly provides 10, 15, 20 jobs, it is the employ- cerned about small businesses like the protecting injured plaintiffs’ rights to ees of those businesses as well as the National Federation of Independent sue. businessmen and women who own them First, H.R. 2366 would raise the bur- Businesses. This is truly good legisla- that will find this legislation impor- den of proof to a clear and convincing tion. I would call upon my colleagues tant, and also consumers will benefit evidence standard for a plaintiff suing on the other side of the aisle to join from this legislation as well because it for punitive damages and place reason- with us in giving some relief to the will help to hold down the cost of goods able caps on these damages, up to three people who do the most for job creation and services provided by those small times the total amount awarded for in this country. businesses. economic and non-economic loss or Many small businesses are in some of Mr. CONYERS. Mr. Chairman, I yield $250,000. This provision is vitally im- the most competitive industries that myself 1 minute, because the author of portant, because businesses cannot be there are. When they are faced with un- this bill, the gentleman from Cali- insured to cover these types of judg- fair legal costs, it often either puts fornia (Mr. ROGAN), knows what I ments. them out of business or forces them to know, namely, that the 70,000 gun deal- H.R. 2366 would also eliminate joint raise their prices and make themselves ers in this country are happy to assume and several liability for non-economic uncompetitive or to pass those charges that they would enjoy the protection of damages for small businesses. In the on to the consumers that do business H.R. 2366’s restriction on the liability States that have joint and several li- with them. Putting a cap on punitive of product sellers. ability in place, a defendant who is damages for small businesses, this is We had this amendment debated in found only 1 percent responsible for an something that I think we should pro- Judiciary. The bill attempts to exempt injury can be stuck paying 100 percent vide in every lawsuit, no matter what some legal theories that apply to the of the damages. Such a judgment could the size of the corporation or business negligent sale of firearms, such as neg- easily bankrupt a small business that or individual who is in business; but we ligent entrustment and negligence per is only minimally responsible for a certainly should do it for small busi- se. But there are many numerous other non-economic harm. If that happens, nesses, for companies with fewer than theories that have been successfully workers lose their jobs. 25 employees. used against firearm retailers and pro- I want to emphasize that real eco- To face a fine of more than $250,000 prietors of gun clubs or target ranges nomic damages, including medical could easily put 10, 15, or 20 people out to recover damages caused by the sale costs, are not limited by this bill, and of work when a small company or an or rental of a firearm. This is a cover plaintiffs remain free to sue more re- individual employing them cannot for gun dealers against lawsuits that sponsible parties. meet that kind of punitive damage li- are coming up that are using theories Mr. Chairman, more than 60 percent ability, and joint liability. Again, so such as public nuisance, negligent mar- of small business owners make no more many instances where lawsuits are keting, and unfair and fraudulent busi- than $50,000 a year. Litigation costs filed against a whole host of people. ness practices. We cannot give the gun and excessive judgments can put them The small businessperson who might be dealers a free ride in this bill. out of business in a heartbeat, causing the distributor, the manufacturer’s Mr. ROGAN. Mr. Chairman, I am employees, again, to lose their jobs and representative, might be engaged in a pleased to yield 3 minutes to my good impacting the community that has part of a transaction but have only a friend, the gentleman from Ohio (Mr. come to rely upon the services of that small amount of the responsibility for CHABOT). particular business.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.038 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H469 This is a commonsense tort reform and has no concern about the victim, facturer of this chainsaw with 25 or fewer em- bill, and I encourage Members to vote by capping punitive damages? The gen- ployees would cap this girl's compensation to yes on H.R. 2366. tleman from California (Mr. ROGAN) $250,000 for a product that endangered this I again commend the gentleman from fully knows that the courts rarely give child's life. Our children and our loved ones California (Mr. ROGAN) for showing his punitive damages, and it is only in will be adversely affected by this bill. Why leadership in proposing this important egregious circumstances that such is should the Nation's most egregious corporate legislation. given. Now he is suggesting he is going wrongdoers be protected at the expense of in- Mr. CONYERS. Mr. Chairman, I am to fall on the side of the negligent nocent victims. happy to yield 4 minutes to the gentle- actor, as opposed to the victim. As you may be aware, tort law has evolved woman from Texas (Ms. JACKSON-LEE), Secondly, in the Committee on Rules over the centuries to reflect societal values a distinguished member of the Com- they refused to listen when we offered and needs. Because it is common lawÐor mittee on the Judiciary. a hate crimes amendment, because the judge-made lawÐState tort law has developed (Ms. JACKSON-LEE of Texas asked hate crimes provision in this bill is be- from generation to generation in the form of and was given permission to revise and nign, at best. We wanted to put lan- reported cases: ``In theory, the judges [draw] extend her remarks.) guage in that reflects an intentional their decision from existing principles of law; Ms. JACKSON-LEE of Texas. Mr. act, when some business, a KKK-run ultimately, these principles [reflect] the living Chairman, I thank the ranking member business would intentionally burn a values, attitudes and ethical ideas of the peo- for his leadership on this issue. synagogue or, if you will, to refuse ple.'' I appreciate the desire of the gen- service or to do something violent to The tort system provides a number of bene- tleman from California (Mr. ROGAN) to an individual, and it is a business, an fits to society: it (1) compensates injured vic- be helpful in the enhancement of small intentional act, we could not get the tims; (2) deters misconduct that may cause businesses in the United States of committee on rules to accept that or perceived injury and punishes wrongdoers America. I think, unfortunately, I need even in the committee. who inflict injury; (3) prevents injury by remov- to disabuse those who have debated I ask where the seriousness behind ing dangerous products and practices from the this bill of any suggestion that they this legislation is, if we are not willing marketplace; (4) forces public disclosure of in- are supporting a small business protec- to protect people from hateful, inten- formation on dangerous products and prac- tion bill. This is not. tional acts? tices otherwise kept secret; and (5) expands This is, again, a back-door attempt In addition, this bill does not protect public health and safety rights in a world of in- to do tort reform when the members of children whose parents may not file an creasingly complex technology. The tort sys- the other party fully recognize that we action before they reach the age of ma- tem is intended to effect behavior through the have been unsuccessful in doing such jority. It is well known that many forces of the private market. The ``invisible and there have been no calls for these times children are in fact the victims hand'' of the tort system alters behavior so as kinds of major changes in tort reform of a negligent act. At Lincoln Park to prevent dangerous and reckless conduct, or product liability. Daycare, Danny Kasar died in a col- which is often not prohibited by any govern- In particular, I will be supporting the lapsed crib in a daycare center. That mental regulation. Conyers amendment, that really crib may have been sold by a small Product liability law, in particular, typically speaks to small businesses, and that is business, and the idea is if there is an refers to the liability of a manufacturer, seller to narrow the protection of this bill to egregious act through the manufac- or other supplier of products to a person who businesses earning $5 million or less. turer and the seller, then this legisla- suffers physical harm caused by the product. That is a small business. The only tion keeps poor Danny, if, for example, The legal liability of the defendant may rest on thing we have in this bill is to suggest in this instance, he died, it keeps any five theories: (1) intent; (2) negligence; (3) that if you have 25 employees. But we case that may happen if the child had strict liability; (4) implied warranties of well know that in the trucking indus- not died to be able to be reached in ma- merchantability and fitness for a particular pur- try, where, unfortunately, we have suf- jority. pose; and (5) representation theories (express fered over 440,000 large trucks involved Let me conclude, Mr. Chairman, by warranty and misrepresentation). in accidents, including 4,871 fatal saying this is a bad bill, it is not a Historically, if the courts upset the liability crashes, we realize that those can be small business bill, and I wish the gen- rules that balance the interests of injured citi- considered small businesses. tleman from California (Mr. ROGAN) zens and wrongdoers, the State legislatures So this is a farce. This is a farce as it would take it back so we can work in a are able to respond by either strengthening or relates to the very important issue bipartisan manner, and I ask my col- weakening the laws. For example, during the that we have discussed about the enor- leagues to defeat it. 1980's, a majority of States adopted a number mous gun violence that is going on in Mr. Chairman, I rise in strong opposition to of product liability reforms involving such America, and, I might add, the very H.R. 2366, the Small Business Liability Re- areas as punitive damages, joint and several important litigation that has been form Act of 1999. This bill is not a small busi- liability and strict liability in reaction to a per- going on. ness billÐit is a measure to insulate poten- ceived ``insurance crisis.'' Each State has de- This bill fails to exempt several well- tially large corporations from the most egre- veloped its own tort system and considered known causes of action: Public nui- gious misconduct. and adopted reforms based on the needs of sance, negligent marketing and unfair This bill seeks to limit injured parties' puni- its citizens and its desires to attract com- and fraudulent business practices, the tive damages to $250,000 or 3 times compen- merce. Restatements of law, written by legal cornerstone of many cases dealing with satory damages, whichever is less for any scholars, can indicate areas suitable for na- gun violence. business with 25 or fewer employees regard- tionwide uniformity if the states consider it to I cannot say to the gentleman from less of the company's actual financial earn- be in their own best interests. California (Mr. ROGAN) that every ings. In today's Internet economy it is likely Congress has been considering product li- mayor of every city is wrong about that a company with 25 or fewer employees is ability legislation since as early as 1979 when their attempt to protect their cities flush with incomeÐwhy should this Congress Representative DINGELL introduced legislation from gun violence by the lawsuits that limit their punitive damages to such a low which would have federalized a number of they have filed. Their communities level? areas of State liability law. Proponents of such want them to file them; their commu- Punitive damages are often awarded to reforms have argued, inter alia, that State nities want gun violence to stop; their deter those companies who engage in behav- laws have led to excessive product liability communities want the proliferation of ior that is deemed grossly negligent. The fear damage awards and that the unpredictable guns to stop; and we want our children of a jury awarding punitive damages is our and ``patchwork'' nature of the State product li- to stop dying. This bill is a farce as it legal system's way of saying to Corporate ability system harms the competitiveness of relates to providing the protection of America that we will not tolerate willful and domestic manufacturing firms. After being un- that these litigants need to address wanton conduct that may injure our citizens. able to bring a product liability reform bill to ei- their grievances. For example, a little girl whose hand was ther the House or Senate floor for a number The other point is why is this bill caught in an exposed rotating chain saw and of years, during the 104th Congress the protecting the actor of the act, mean- lost three fingers was awarded $420,100 in House and Senate agreed to product liability ing the one who has negligently acted, damages. If this bill becomes law the manu- legislation which would have, inter alia,

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4636 Sfmt 9920 E:\CR\FM\K16FE7.031 pfrm13 PsN: H16PT1 H470 CONGRESSIONAL RECORD — HOUSE February 16, 2000 capped punitive damages for large and small on the Judiciary improved the entire the judge can override that cap even at businesses and narrowed the standards for process and the bill, and we have a very that instance so that justice can con- awarding such damages; eliminated joint and good product here. tinue to be done. It applies only to several liability for non-economic damages; To the gentlewoman from Texas, she small business, less than 25 employees. created a fifteen-year statute of repose and a just raised a question about the in- There are some amendments that I be- two-year statute of limitations; limited seller li- stances of intentional conduct and she lieve will be offered that will change ability; and limited liability for medical implant cited some examples. I believe she used the definition of that, but this is a suppliers. President Clinton subsequently ve- the KKK, if they engage in some inten- good, simple, fair definition, less than toed the legislation. tional conduct, that there would be 25 employees. It is easy to quantify. It In the wake of President Clinton's veto, the caps on damages. is similar to the civil rights statutes in White House entered into negotiations with There is an amendment, I would say that regard. Senators ROCKEFELLER and GORTON, which to my friend the gentlewoman from Again, I would ask my colleagues to culminated in a somewhat narrower form of Texas, that will be offered subse- support this bill. It is a good bill for product liability legislation (the ``Senate Prod- quently to this that would remove the small business, but it is also a good and uct Liability Proposal''). The Senate Product cap on intentional conduct that causes fair bill for the legal system, which I Liability Proposal was brought directly to the harm. So, with that, which we will cherish and honor and want to Senate floor but its proponents were unable to offer at a later time, it improves this strengthen. obtain cloture to cut off debate. bill even more. It makes sure everyone Mr. CONYERS. Mr. Chairman, I yield The Senate Product Liability Proposal, is protected. myself 1 minute to discuss this law- among other things, capped the maximum It is very important that litigants yer’s discussion that the gentleman amount of punitive damages which may be have access to the court. We wanted to from Arkansas has been having with awarded against ``small businesses;'' nar- make sure that is accomplished and other lawyers who think this is a fine rowed the ground for the award of punitive preserved. It is an important right in bill. damages to those cases where there is a America. Well, maybe some of them do, but the ``conscious, flagrant, indifference to the rights But, at the same time, we want to fact of the matter is that as this meas- or safety of others'' which can be established have a balance, so that in those rare ure stands now, we are going to elimi- by ``clear and convincing evidence;'' provided cases where the damages go out of nate joint and several liability for non- for a national statute of limitations and statute whack, and that is what puts the economic damages, and this is going to or repose; and offered relief to product sellers, chilling effect on small businesses, have a very harmful effect on the vic- lessors, and renters by specifying that they that that is brought back into scale tims. You do not have to be a lawyer to may only be subject to product liability suit and in line with the American system figure that out. That is what the bill where they (1) failed to exercise reasonable of justice. accomplishes, whether lawyers like it care, (2) violated an express warranty, or (3) This bill does very simple things: It or not. The bill imposes severe evi- engaged in intentional wrongdoing. eliminates joint and several liability dentiary restrictions and an overall H.R. 2366 is similar to the 1998 Senate for the pain and suffering aspect of it, $250,000 cap on punitive damages in all Product Liability Proposal, however, it is and then it puts some reasonable caps civil cases. on punitive damages. It applies this to broader in that it is not limited entirely to prod- Now, 25 employees or less, you must small business. uct liability actions and it is narrower in that it know that there are businesses doing Now, I am a trial lawyer. I made my excludes (1) the statute of repose provision hundreds of millions of dollars of busi- living after I was a Federal prosecutor and (2) potential pro-victim provisions such as ness with less than 25 employees. Yes, trying cases, going to court, rep- a two-way preemptive federal statute of limita- it protects ‘‘mom and pops,’’ but it lets resenting litigants in personal injury tions running from the time the harm was ac- in at the other end these huge compa- cases. tually discovered. nies that are going to be so happy to I am skeptical of the need for this bill, as There is the rare case there is an know that you have got this provision there is no credible empirical evidence to sup- abuse. I was with another lawyer friend on the floor. port the notion that there is currently a litiga- of mine, and I said, ‘‘Can you tell me a Mr. ROGAN. Mr. Chairman, I am tion explosion in the state and federal courts. moral justification to defend joint and pleased to yield 3 minutes to my good Additionally, punitive damages tend to be several liability?’’ He tries more cases friend, the gentleman from Virginia awarded in only the most egregious cases. in Arkansas than probably anyone. He (Mr. DAVIS). Furthermore, Congress should not be in the said, ‘‘No, I can’t.’’ It was an honest business of protecting the rogue small busi- answer. I believe this is good reform for Mr. DAVIS of Virginia. Mr. Chair- ness from reckless or harmful behavior, par- the legal system. man, I thank my friend for yielding me ticularly legislation such as this that rewards So I very much congratulate my time. businesses that hire temporary employees friend the gentleman from California Mr. Chairman, just to respond to the rather than full time employees. Yet again, the (Mr. ROGAN) who has worked so hard on gentleman from Michigan, victims are Majority is attempting to undermine the prin- this legislation. What it does is that it not hurt by capping punitive damages. ciples of federalism by the federal preemption makes sure that the plaintiff will get They still get all their actual damages. of the state-based liability system. Given my economic damages, first of all. That is They get economic damages. Punitive concerns, I will not support this bill which jeop- the medical bills, the lost wages, the damages are to punish defendants who ardizes the right of innocent victims to recover future lost wages, those are those out- behave in the wrong way, not to reward for corporate wrongdoing. We must continue of-pocket expenses that you can the victims. This does not touch what to protect our children, our loved ones, and to itemize for the jury. Those he can get the victims can get from actual dam- encourage the deterrence of corporate without any limitation whatsoever. ages. misconduct. Pain and suffering, there is absolutely But I support this legislation. Small Mr. ROGAN. Mr. Chairman, I am no limitation on pain and suffering. I businesses are the engine that drives pleased to yield such time as he may think that is reasonable. our economy. Small businesses account consume to my friend the gentleman The joint and several liability limita- for 99.7 percent of the nation’s employ- from Arkansas (Mr. HUTCHINSON). tion only applies to the pain and suf- ers, employing 53 percent of the private Mr. HUTCHINSON. Mr. Chairman, I fering aspect. The punitive damages is workforce, contributing 47 percent of thank the gentleman for yielding me what is capped. It is a very reasonable all sales in this country and respon- time. I want to congratulate him for cap on punitive damages, and that is sible for 50 percent of the private gross his outstanding work on this legisla- what is intended to punish, not in- domestic product. tion and the spirit in which he worked tended to reward a plaintiff, and that is In a recent Gallop survey, one out of with the different members on the what we keep in scope. There should be every 5 small businesses claimed they committee. a limitation on punishment. do not hire more employees or expand I also want to express my apprecia- Again, with the amendment I am of- their business or introduce a new prod- tion to the minority, because I believe fering shortly, if there is intentional uct or improve an existing product out their participation in the Committee conduct, extremely egregious conduct, of fear of litigation.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.006 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H471 The facts show that nationwide li- Mr. CONYERS. Mr. Chairman, I yield it is not just an election-year gimmick ability reform is what our small busi- 2 minutes to the gentleman from Wis- to try to make some Members appear nesses need. For example, there was an consin (Mr. KIND). weak in their support of small busi- increase of 28 percent in civil filings in Mr. KIND. Mr. Chairman, I thank the nesses when, in fact, we are talking State courts since 1984, and the median ranking member for yielding me this about the very serious issue of Federal awards in product liability cases in- time. preemption over State jurisdiction. creased 227 percent between 1997 and Mr. Chairman, I rise in strong opposi- The CHAIRMAN. The Chair would in- 1998. Small businesses simply cannot tion to this legislation. I would encour- form Members that the gentleman afford to stay in business if they spend age the rest of my colleagues to oppose from California (Mr. ROGAN) has 2 min- their time, energy, and resources fight- it as well if, for no other reason, than utes remaining; the gentleman from ing lawsuits that are without merit. because of the Federal preemption im- Michigan (Mr. CONYERS) has 11⁄2 min- Small businesses are often severely plications over State law and the work utes remaining. burdened by frivolous lawsuits. Since that many State legislatures through- Mr. CONYERS. Mr. Chairman, I yield 1960, the number of such lawsuits have out the country have put into this our remaining time to the gentle- tripled and unwarranted lawsuits have issue. This is another classic example woman from Connecticut (Ms. cost them billions of dollars, and in ef- of ‘‘Washington-knows-best’’ when it DELAURO). fect cost American consumers that comes to our system of justice in this The CHAIRMAN. The gentlewoman same amount. Many small businesses country. from Connecticut (Ms. DELAURO) is 1 are being forced to settle lawsuits, This is not just a concern and a belief recognized for 1 ⁄2 minutes. Ms. DELAURO. Mr. Chairman, I rise rather than bear the expense of litiga- that I have, but even the Republican in opposition to this misnamed and tion. governor from my home State of Wis- consin has expressed this concern in a misguided piece of legislation under b 1230 the guise of helping small businesses letter to our ranking member on the succeed, which is a goal that we can all In an effort to counter this growing committee in which he, along with the support. This bill gives cover to busi- trend, H.R. 2366 seeks to protect small chairman of the Council of State Gov- nesses that make faulty products, that businesses by reducing their exposure ernments, State Senator Kenneth injure and even kill. This bill would to frivolous litigation. I believe this is McClintock, expressed their severe res- protect companies that make cheap, much-needed legislation because it in- ervations to this legislation. poorly made firearms. These are weap- cludes strategically targeted reforms In the letter they wrote, ‘‘We are ons that are not made for hunting or which have strong bicameral, bipar- very concerned about the following for home protection; they are made to tisan support. preemption aspects of this bill: give criminals more bang for the buck. This measure comprises several ‘‘The bill establishes new evidentiary measures that will limit product liabil- Let me give my colleagues an exam- tests for punitive damages that would ple. Intratec is best known for its inex- ity in small businesses. Those busi- negate State laws for punitive dam- nesses are defined as having fewer than pensive assault pistols, notably, the ages, even though every State already TEC–9, the TEC–DC9 and the AB–10. 25 employees. This legislation will cap requires that a plaintiff prove that a punitive damages at $250,000 or three The TEC–DC9 was one of the guns used defendant acted in some particularly in the 1999 massacre at Columbine High times compensatory damages, which- deliberate or egregious way to receive School in Colorado. ever is less, in any civil lawsuit against punitive damages. This is also the company that mar- small business. In order to receive ‘‘The bill overturns the doctrine uti- kets Saturday night special handguns damages, plaintiffs must meet the lized in many States of joint and sev- or what they call junk guns. Their ad- ‘‘clear and convincing evidence’’ stand- eral liability. vertising copy brags, and I quote, ‘‘that ard that the defendant acted with will- ‘‘The bill makes a dramatic and un- our guns are as tough as your toughest ful misconduct and was flagrantly in- acceptable change that alters the the- customers.’’ In fact, this legislation, different to the rights and safety of ory of strict product liability that is my friends, would provide cover to the others. accepted and practiced in most States. makers of the weapons that were used In addition, H.R. 2366 exempts small ‘‘The bill only preempts the laws of at Columbine. business defendants from joint and sev- those States that offer greater protec- I am dismayed that the Republican eral liability for noneconomic dam- tions to consumers, which we challenge majority would not allow this House to ages, such as pain and suffering. Under from an equity perspective.’’ consider an amendment that the gen- this legislation, defendants will only be They went on to state, ‘‘Protecting tlewoman from California (Ms. liable for the proportion of the judg- small business in this Nation is a laud- LOFGREN) offered, which would have re- ment that corresponds to their per- able goal. We, as State officials, have a moved the protection from just the gun centage of the actual fault. vested interest in the economic growth makers. Mr. Chairman, H.R. 2366 exempts re- spawned by small business develop- This is wrong. We ought to be in the tailers, renters, and lessors from legal ment, and to this end we are excited to business of encouraging responsibility responsibility for products that they join with you in creating effective and across the board, including small busi- receive from manufacturers, but did sound legislative solutions. nesses; but this bill takes us in the not alter, and which subsequently mal- ‘‘We are very concerned with the wrong direction. It puts consumers, it functioned or caused damages, which seeming eagerness of Congress to at- puts our kids at undue risk by weak- makes perfect sense. I believe the uni- tempt to preempt State law. We urge ening key protections. form standard for awarding punitive you to reconsider your approach to this Mr. ROGAN. Mr. Chairman, I yield damages outlined in this legislation is issue.’’ myself the remainder of the time. a vital and necessary part of tort re- Again, this is a Republican governor I want to thank all of my colleagues form. This is a fair and sensible solu- from the State of Wisconsin, Tommy who joined in this debate today. I ap- tion to the high number of frivolous Thompson, in opposition to H.R. 2366. preciate their comments. lawsuits clogging up our court today. I have another letter from the Na- I must say that I deeply regret hear- Given that nearly 60 percent of the tional Conference of State Legislatures ing some of the characterizations of American workforce is employed by in which Executive Director William this bill and the way it has been twist- small business with 25 or fewer full- Pound wrote that they oppose H.R. 2366 ed. I have sat here for the last hour lis- time employees, I think it is essential ‘‘because of the damage it would due to tening to the fact that if we give a lim- that we pass this legislation so our our system of constitutional fed- itation of liability on punitive damages small businesses may become more in- eralism. The tort law and its reform to small businesses, that people will be novative and competitive in today’s historically and appropriately have killed in the streets and that greedy global marketplace. been matters within the jurisdiction of corporate officers will rake in millions I thank the gentleman for intro- States.’’ of dollars at the expense of working ducing this legislation, and I urge my So, Mr. Chairman, I think the at- people; and that just simply is not the colleagues to support it. tempt here may be laudable, but I hope case, Mr. Chairman.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.034 pfrm13 PsN: H16PT1 H472 CONGRESSIONAL RECORD — HOUSE February 16, 2000 When we talk about small business mittee for conferees on H.R. 2366 or similar If you wish further details on this analysis, protection, who are these small busi- legislation. we will be pleased to provide them. The CBO nesses that we are addressing and that I also ask that you include a copy of this staff contact is John Harris (202–226–2949). letter and your response as part of the we are trying to demonstrate some pro- Sincerely, Record during consideration of this legisla- BARRY B. ANDERSON, tection for in this bill? Mr. Chairman, tion on the House floor. Thank you for your (For Dan L. Crippen, Director). in our country today, fully 60 percent assistance and cooperation in this matter. I of every business would be character- remain, Mr. POMEROY. Mr. Chairman, I rise in op- ized as a small business under the defi- Sincerely, position to H.R. 2366, the Small Business Li- nition of this bill, 24 employees or less, TOM BLILEY, ability Reform Act of 1999. I believe strongly and more than half of those businesses, Chairman. that action must be taken to protect small businesses from the financial burdens im- Mr. Chairman, take in less than $50,000 U.S. HOUSE OF REPRESENTATIVES, per year. These are not rich corporate posed by frivolous lawsuits. In trying to ad- COMMITTEE ON COMMERCE, dress this issue, however, H.R. 2366 would megamerger giant businesses that this Washington, DC, February 10, 2000. supersede State tort law, including important bill protects. Hon. J. DENNIS HASTERT, The Republican majority is attempt- Speaker, U.S. House of Representatives, the statutes enacted in my own State of North Da- ing to protect those men and women Capitol, Washington, DC. kota. The preemptive provisions in H.R. 2366 who are out there trying to create jobs DEAR MR. SPEAKER: On February 7, 2000, would deny States the right to determine tort you extended the Committee on Commerce’s who are risking their capital and are law free from Federal intrusion and thereby referral of H.R. 2366, the Small Business Li- undermine the principle of federalism upon attempting to provide an economic en- ability Reform Act, for a period ending not gine for our country. In fact, Mr. later than February 14, 2000. Recognizing the which our form of government rests. Chairman, median business earnings in need to bring this important product liabil- Mr. Chairman, there is little dispute that 1996 were $25,000; about 25 percent of ity legislation to the floor as soon as pos- small businesses in this country deserve pro- the self-employed earned less than sible, I will agree to have the Committee on tection from frivolous lawsuits and the result- $12,500, and about 25 percent earned Commerce discharged from further consider- ing increase in insurance costs. In North Da- ation of H.R. 2366. By agreeing to be dis- more than $50,000. Only 9 percent of kota, small businesses are the cornerstone of charged, I am not waiving the Committee’s our communities and have helped diversify small business owners took over jurisdiction over H.R. 2366 or other similar $100,000 from their business when these legislation, and I will seek the appointment and stimulate our rural economy. Although statistics were taken. That is the peo- of an appropriate number of conferees should these businesses are critically important to the ple that this bill is attempting to pro- this legislation be the subject of a House- future of States like North Dakota, many have tect, those small businessmen and Senate conference. been unfairly disadvantaged by costly law- Thank you for your assistance and under- suits. Unfortunately, small businesses are women who are investing their lives standing in this matter. I remain. and their capital into making this often compelled to settle these lawsuits even Sincerely, if they would have prevailed in court, simply in country’s economic engine run. TOM BLILEY, The Congress of the United States Chairman. order to avoid the costs of litigation. I believe, has a moral obligation to protect them as do many of my colleagues, that States from frivolous lawsuits so that their HOUSE OF REPRESENTATIVES, should reexamine their tort laws to address livelihood, their families, their homes, COMMITTEE ON THE JUDICIARY, this problem. and their businesses are not taken by Washington, DC, February 11, 2000. I also believe, however, that H.R. 2366 does greedy trial lawyers in frivolous law- Hon. TOM BLILEY, not represent the appropriate Federal re- Chairman, Committee on Commerce, House of sponse to the issue of frivolous lawsuits. His- suits or worse, be forced to settle a Representatives, Washington, DC. case that has no merit because the gun DEAR TOM: Thank you for your letter re- torically, determination of tort law as well as its of punitive damages has been cocked garding your committee’s jurisdictional in- reform have fallen within the jurisdiction of the and put to their head and that threat is terest in H.R. 2366, the ‘‘Small Business Li- States. Over the past 15 years, several States so great that they cannot afford to de- ability Reform Act of 2000.’’ have substantially reformed tort laws to pro- fend themselves. I acknowledge your committee’s jurisdic- vide manufacturers and retailers greater pro- I urge support for this bill. tion over title II of this legislation and ap- tection from liability. My own State of North preciate your cooperation in moving the bill Mr. Chairman, on behalf of the gen- to the House floor expeditiously. As you are Dakota, for example, has enacted a statute on tleman from Illinois (Mr. HYDE), the well aware, your decision to forgo further ac- punitive damages that is more protective of chairman of the Committee on the Ju- tion on the bill will not prejudice the Com- businesses than the punitive damages provi- diciary, and the gentleman from Vir- merce Committee with respect to its juris- sion in this bill. H.R. 2366 would interfere with ginia (Mr. BLILEY), the chairman of the dictional prerogatives on this or similar leg- North Dakota's right, and the right of every Committee on Commerce, I submit the islation. I will be happy to support your re- State, to determine its own tort law. Because following exchange of letters: quest for conferees on those provisions with- they recognize the potential threat H.R. 2366 in the Committee on the Commerce’s juris- poses to our system of federalism, I am joined U.S. HOUSE OF REPRESENTATIVES, diction should they be the subject of a COMMITTEE ON COMMERCE, House-Senate conference. I will also include in my opposition to this bill both by the Council Washington, DC, February 10, 2000. a copy of your letter and this response in the on State Governments and the National Con- Hon. HENRY J. HYDE, Congressional Record when the legislation is ference of State Legislatures. Chairman, Committee on the Judiciary, Ray- considered by the House. Mr. Chairman, although I do not support this burn House Office Building, Washington, Thank you again for your cooperation. particular vehicle for tort reform, I remain com- DC. Sincerely, mitted to protecting small businesses from ex- DEAR HENRY: Please find enclosed my re- HENRY HYDE, cent letter to the Speaker agreeing to be dis- Chairman. cessive litigation. I also look forward to work- charged from further consideration of the ing with my colleagues on both sides of the bill, H.R. 2366, the Small Business Liability CONGRESSIONAL BUDGET OFFICE, aisle on legislative strategies to encourage Reform Act. As you know, the Committee on U.S. CONGRESS, small business development in all 50 States. Commerce’s referral was recently extended Washington, DC, February 16, 2000. Mr. DINGELL. Mr. Chairman, I rise in oppo- to February 14, 2000. I am agreeing to have Hon. HENRY J. HYDE, sition to H.R. 2366, the Small Business Liabil- the Committee discharged without taking Chairman, Committee on the Judiciary, U.S. action on the bill in light of the need to ity Reform Act of 2000. This legislation is very House of Representatives, Washington, DC. poorly drafted and unclear in its terms and ap- bring this important product liability legis- DEAR MR. CHAIRMAN: In the cost estimate lation to the floor in an expeditious manner. for the Small Business Liability Reform Act plication. It does not simply apply to reform of By agreeing to waive its consideration of of 2000 (H.R. 2366), as ordered reported by the the product liability laws, which I support. In- the bill, the Commerce Committee does not House Committee on the Judiciary on Feb- stead, H.R. 2366 exempts what it defines as waive its jurisdiction over H.R. 2366 or simi- ruary 1, 2000, the Congressional Budget Of- small businesses from a broad and unspec- lar bills. In addition, the Commerce Com- fice (CBO) stated that an estimate of the ified range of civil liability. mittee reserves its authority to seek the ap- bill’s impact on the private sector would be There are provisions of this legislation which pointment of an appropriate number of con- provided in a separate statement. CBO has ferees on this bill or similar legislation that now completed its review of this bill. I have supported, such as the product seller may be the subject of a House-Senate con- CBO finds that H.R. 2366 would impose no protections in title II. However, I am extremely ference. I ask for your commitment to sup- new private-sector mandates as defined in concerned that no one seems to have a clear port any request by the Commerce Com- the Unfunded Mandates Reform Act of 1995. and full understanding of all the circumstances

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4636 Sfmt 9920 E:\CR\FM\K16FE7.044 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H473 in which this bill would limit the rights victims retain if for economic damages, such as med- as most of them are considered small busi- have to be compensated for the fraud and de- ical expenses. This would partially relieve the nesses under the definition of the bill and ception they suffer. The proponents of this leg- situation where a small business defendant is therefore are exempt from suit. This robs our islation are asking for our support without held liable for damages far in excess of its ac- States of the autonomy of deciding for them- identifying all the existing rights victims have tual responsibility. selves how to handle suits against gun manu- that the bill may preempt. I have been a longtime supporter of legisla- facturers and retailers. Also, H.R. 2366 raises The sponsors have offered amendments tion to set uniform standards for product liabil- serious federalism problems. This bill totally they claim fix a lot of the bill's problems, but ity actions brought in State and Federal court. disregards States from exercising jurisdiction I am not at all sure they are right, and further- Inconsistencies within and among the States over their own tort laws, an area of law which more I am very sure we have not yet identified in rules of law governing product liability ac- has historically been reserved for them to ex- all the problems this legislation creates. For tions result in differences in State laws that ercise their own jurisdiction over. Many States example, the Securities and Exchange Com- may be inequitable with respect to plaintiffs have already set laws which require that high- mission (SEC) staff say H.R. 2366 would still and defendants, which, in turn, impose bur- er standards be met before punitive damages limit punitive damages that a victim of a secu- dens on interstate commerce. Establishing can be awarded but no State has limited puni- rities ``boiler room'' scam could recover in a uniform legal principles of liability for product tive damages for intentional injury. This bill case he or she brings in State court. The SEC seller, lessors, and renters will provide a fair would require States to do so. H.R. 2366 dic- openly admits that it is not capable of taking balance among the interest of all parties in the tates to the States what recourse their own on total responsibility for making sure the se- chain of product manufacturing, distribution, citizens have in their own State courts when curities market is free of fraud and deception. and use, reduce costs and delays in product they are injured by manufacturers and retail- Instead, the SEC says that private plaintiffs liability actions, and reduce the burdens on ers. It is curious to note that this bill affects are a vital supplement to the Commission's interstate commerce. our Nation's State courts but denies our Fed- enforcement program. Mr. Chairman, I urge passage of this long eral district courts the right to hear cases that Suing for fraud is the only way a securities overdue legislation. would fall under this bill. ``boiler room'' victim can recoup his or her Mrs. MINK of Hawaii. Mr. Chairman, I rise I urge my colleagues to vote against this bill losses, other than commissions paid. With today in opposition to H.R. 2366, the Small and not allow the victims of dangerous prod- more and more Americans investing in securi- Business Liability Reform Act of 1999. H.R. ucts to be robbed of their right to recourse. ties every day, do the sponsors of this legisla- 2366 takes away rights of victims to be com- We need to vote against this bill and help our tion really want to arbitrarily limit punitive dam- pensated for injuries they suffer due to the States decide for themselves how best to pro- age awards that senior citizens and others negligence of manufacturers and retailers and tect their own consumers. may receive from State courts in cases of in doing so, encourages corporations to evade Mr. WAXMAN. Mr. Chairman, I rise in oppo- fraud perpetrated by securities ``boiler rooms''? their responsibility to provide consumers with sition to H.R. 2366. This bill would jeopardize That's definitely not the kind of litigation re- safe products. the enforcement of the laws which protect our form I support, and I seriously doubt if it's This bill masquerades as an attempt to as- health and our environment, and undermine what many of my colleagues want, either. The sist our Nation's small businesses. In reality the responsibility of companies to make prod- threat of substantial and meaningful liability is however, only title I applies to small busi- uct safety a priority. a very important tool needed to keep securi- nesses, title II of the bill, the products liability It is wrong to assume that a company ties fraud at a minimum. If that liability is re- provisions, applies to all businesses, despite should be less accountable for damage it duced by this bill to a point that unscrupulous H.R. 2366's title. causes simply because it has fewer employ- securities dealers are willing to absorb their H.R. 2366 will cap punitive damages at ees, or to pretend that a company's smaller reduced liability as a cost of doing business, $250,000 and will eliminate joint and several size in any way mitigates the extent of the investors, particularly the least sophisticated liability for noneconomic damages like pain damage it can cause. Think of the far reaching investors, will be victimized, and they will suf- and suffering, loss of limb, loss of fertility, per- impact of a biotech company that markets a fer. manent disfigurement, and loss of a child. In faulty vaccine; a small chemical company that I cannot vote for a bill that so clearly in- doing so, this bill attempts to change a mul- pollutes groundwater; or a small business gun creases, rather than reduces, the chance that titude of areas of law and does not solely con- dealer that sold weapons used in a school innocent investors will be the victims of fraud centrate on pure liability reform. Beyond that, shooting. and deception in the securities market. I would this bill discriminates against women and our Furthermore, the $250,000 cap on punitive hope that my colleagues would also find that Nation's seniors who bear the greatest portion damages is not only an arbitrary slap in the to be a totally unacceptable and dangerous of noneconomic damages. face of the innocent individuals who suffer, it outcome. Nor can I vote for a bill that is so If H.R. 2366 becomes law, our Nation's con- is a dangerous green light for corporate irre- ambiguous and potentially sweeping in its sumers will be left with very limited avenues of sponsibility. Placing a quantitative limit on scope. For these reasons, I urge my col- recourse if they suffer damages. This bill will damages turns liability into a cost-benefit busi- leagues to vote ``no'' on H.R. 2366. It is a fun- set damage caps on liability suits at $250,000 ness equation where product safety becomes damentally flawed piece of legislation that for all businesses with fewer than 25 employ- a choice rather than an imperative. does not deserve your support. ees regardless of how much revenue the busi- Let me give you a very serious example of Mr. SENSENBRENNER. Mr. Chairman, I ness generates. It will allow product liability how this legislation could interfere with impor- rise in strong support of H.R. 2366, the Small suits in three instances only: when there is a tant efforts to deter environmental degrada- Business Liability Reform Act of 2000. In my failure to exercise reasonable care, when tion. In literally thousands of locations through- view, the American tort system is a disaster. there is a violation of a manufacturer's ex- out California, the fuel additive MTBE is show- It resembles a wealth redistribution lottery press warranty, and when there is intentional ing up in groundwater. more than an efficient system designed to wrong doing by the company. In my district, for example, the city of Santa compensate those injured by the wrongful acts By eliminating joint and several liability, this Monica has faced the most serious MTBE of others. Our current system raises the prices bill makes unknowing and innocent members contamination of any community in the coun- of goods made in America, forces State and of the public bear the burden of their damages try. Before MTBE contaminated Santa local governments to expend precious re- as small businesses will, under this bill, be Monica's drinking water, groundwater provided sources, and causes unwarranted personal considered judgment proof. 70 percent of the city's water supply. Now, anguish and damages reputations. Companies It is no surprise that the National Con- after the contamination, the city imports more should be held responsible for truly negligent ference of State Legislators are against this than 80 percent of its drinking water from behavior resulting in actual harm. But a civil bill. First, this bill does not meet its goal of northern California and the Colorado River. In justice system that perpetuates the concept of creating uniformity among our Nation's laws short, MTBE from leaking underground stor- ``joint and several liability'' and has no effec- because of its unequal treatment of the issue age tanks has shut down our drinking water tive mechanism, such as a loser pays rule, to of punitive damages. This bill does not create well fields, making the drinking water taste deter frivolous lawsuits is simply not just. I am punitive damages in States where it does not and smell like turpentine. pleased that H.R. 2366 takes the first step to- exist, but it does cap punitive damages for the This is not an isolated problem. It seems ward alleviating this problem. H.R. 2366 would States that already have punitive damage each week more MTBE contamination is found eliminate joint and several liability of small awards. in CaliforniaÐas well as in the northeastern business defendants for non-economic dam- Second, H.R. 2366 will eliminate the rights States. And in Santa Monica the cleanup ages, such as pain and suffering, but would of States and cities to sue gun manufacturers could cost as much as $200 million.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4636 Sfmt 9920 E:\CR\FM\A16FE7.009 pfrm13 PsN: H16PT1 H474 CONGRESSIONAL RECORD — HOUSE February 16, 2000 Congress should be working to address this Sec. 104. Limitation on joint and several liabil- loss, replacement services loss, loss due to death, serious problem. We should be moving to pre- ity for noneconomic loss for small burial costs, and loss of business or employment vent further contamination and working to ag- businesses. opportunities) to the extent recovery for such Sec. 105. Exceptions to limitations on liability. loss is allowed under applicable State law. gressively clean up MTBE contamination. Sec. 106. Preemption and election of State non- (4) HARM.—The term ‘‘harm’’ means any However, this legislation takes us in the oppo- applicability. physical injury, illness, disease, or death or site direction by shielding negligent polluters TITLE II—PRODUCT SELLER FAIR damage to property. from punitive damages under State tort claims. TREATMENT (5) HATE CRIME.—The term ‘‘hate crime’’ means a crime described in section 1(b) of the Recently, the TV show ``60 minutes'' docu- Sec. 201. Findings; purposes. mented a small town in California which has Hate Crime Statistics Act (28 U.S.C. 534 note). Sec. 202. Definitions. (6) INTERNATIONAL TERRORISM.—The term been turned into a ghost town due to MTBE Sec. 203. Applicability; preemption. ‘‘international terrorism’’ has the same meaning contamination from a single gas station. When Sec. 204. Liability rules applicable to product as in section 2331 of title 18, United States Code. the city lost their drinking water, the busi- sellers, renters, and lessors. (7) NONECONOMIC LOSS.—The term ‘‘non- nesses shut down, the residents lost their live- Sec. 205. Federal cause of action precluded. economic loss’’ means loss for physical or emo- lihoods, and the few residents who remain are TITLE III—EFFECTIVE DATE tional pain, suffering, inconvenience, physical drinking contaminated drinking water. It makes Sec. 301. Effective date. impairment, mental anguish, disfigurement, loss no sense for Congress to move to protect this TITLE I—SMALL BUSINESS LAWSUIT of enjoyment of life, loss of society and compan- gas station owner from State tort claims, in ABUSE PROTECTION ionship, loss of consortium (other than loss of domestic service), injury to reputation, or any any way, when their leaking underground stor- SEC. 101. FINDINGS. other nonpecuniary loss of any kind or nature. age tanks have decimated a small town. Congress finds that— (8) PERSON.—The term ‘‘person’’ means any This bill would create a giant loophole for (1) the defects in the United States civil justice individual, corporation, company, association, small companies to subvert Federal and State system have a direct and undesirable effect on firm, partnership, society, joint stock company, health and environmental laws, and severely interstate commerce by decreasing the avail- or any other entity (including any governmental ability of goods and services in commerce; entity). weaken their deterrence against faulty busi- (2) there is a need to restore rationality, cer- ness practices. If you want strong deterrence (9) SMALL BUSINESS.— tainty, and fairness to the legal system; (A) IN GENERAL.—The term ‘‘small business’’ against MTBE contamination of groundwater, (3) the spiralling costs of litigation and the means any unincorporated business, or any oppose this ill-considered legislation. magnitude and unpredictability of punitive partnership, corporation, association, unit of I also want the record to be clear that the damage awards and noneconomic damage local government, or organization that has amendment offered by Representatives awards have continued unabated for at least fewer than 25 full-time employees as determined ROGAN and HUTCHINSON does not address the the past 30 years; on the date the civil action involving the small critical problems with this legislation. (4) the Supreme Court of the United States business is filed. Even with the adoption of their amendment, has recognized that a punitive damage award (B) CALCULATION OF NUMBER OF EMPLOY- can be unconstitutional if the award is grossly EES.—For purposes of subparagraph (A), the punitive damages awarded under State tort excessive in relation to the legitimate interest of number of employees of a subsidiary of a wholly claims and citizen suits under environmental the government in the punishment and deter- owned corporation includes the employees of— laws are severely limited. rence of unlawful conduct; (i) a parent corporation; and The Rogan-Hutchinson amendment would (5) just as punitive damage awards can be (ii) any other subsidiary corporation of that allow the $250,000 cap to be exceeded if the grossly excessive, so can it be grossly excessive parent corporation. defendant acted with specific intent to cause in some circumstances for a party to be held re- (10) STATE.—The term ‘‘State’’ means each of sponsible under the doctrine of joint and several the several States, the District of Columbia, the the type of harm for which the action was Commonwealth of Puerto Rico, the Virgin Is- brought. In the case of MTBE contamination, liability for damages that party did not cause; (6) as a result of joint and several liability, lands, Guam, American Samoa, the Northern no business has acted with the intent to con- entities including small businesses are often Mariana Islands, any other territory or posses- taminate groundwater. However, some busi- brought into litigation despite the fact that their sion of the United States, or any political sub- nesses may have acted so irresponsibly that conduct may have little or nothing to do with division of any such State, commonwealth, terri- we should send a clear signal that we cannot the accident or transaction giving rise to the tory, or possession. tolerate this behavior. Especially, when the lawsuit, and may therefore face increased and SEC. 103. LIMITATION ON PUNITIVE DAMAGES cost is so great on our communities. unjust costs due to the possibility or result of FOR SMALL BUSINESSES. unfair and disproportionate damage awards; (a) GENERAL RULE.—Except as provided in With MTBE contamination showing up all section 105, in any civil action against a small over the country, why should we be estab- (7) the costs imposed by the civil justice system on small businesses are particularly acute, since business, punitive damages may, to the extent lishing a safe harbor for polluters? small businesses often lack the resources to bear permitted by applicable State law, be awarded I urge all members to oppose this bill, re- those costs and to challenge unwarranted law- against the small business only if the claimant gardless of whether or not this amendment suits; establishes by clear and convincing evidence passes. (8) due to high liability costs and unwar- that conduct carried out by that defendant The CHAIRMAN. All time for general ranted litigation costs, small businesses face through willful misconduct or with a conscious, debate has expired. higher costs in purchasing insurance through flagrant indifference to the rights or safety of Pursuant to the rule, the committee interstate insurance markets to cover their ac- others was the proximate cause of the harm that amendment in the nature of a sub- tivities; is the subject of the action. (b) LIMITATION ON AMOUNT.—In any civil ac- stitute printed in the bill shall be con- (9) liability reform for small businesses will promote the free flow of goods and services, less- tion against a small business, punitive damages sidered as an original bill for the pur- en burdens on interstate commerce, and decrease shall not exceed the lesser of— pose of amendment under the 5-minute litigiousness; and (1) 3 times the total amount awarded to the rule and shall be considered read. (10) legislation to address these concerns is an claimant for economic and noneconomic losses; The text of the committee amend- appropriate exercise of the powers of Congress or ment in the nature of a substitute is as under clauses 3, 9, and 18 of section 8 of article (2) $250,000. follows: I of the Constitution of the United States, and SEC. 104. LIMITATION ON JOINT AND SEVERAL LI- the 14th amendment to the Constitution of the ABILITY FOR NONECONOMIC LOSS H.R. 2366 FOR SMALL BUSINESSES. United States. Be it enacted by the Senate and House of Rep- (a) GENERAL RULE.—Except as provided in resentatives of the United States of America in SEC. 102. DEFINITIONS. section 105, in any civil action against a small Congress assembled, In this title: business, the liability of each defendant that is (1) CRIME OF VIOLENCE.—The term ‘‘crime of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. a small business, or the agent of a small busi- violence’’ has the same meaning as in section 16 (a) SHORT TITLE.—This Act may be cited as ness, for noneconomic loss shall be determined of title 18, United States Code. the ‘‘Small Business Liability Reform Act of in accordance with subsection (b). (2) DRUG.—The term ‘‘drug’’ means any con- 2000’’. (b) AMOUNT OF LIABILITY.— trolled substance (as defined in section 102 of (1) IN GENERAL.—In any civil action described (b) TABLE OF CONTENTS.—The table of con- the Controlled Substances Act (21 U.S.C. 802)) tents for this Act is as follows: in subsection (a)— that was not legally prescribed for use by the (A) each defendant described in that sub- Sec. 1. Short title; table of contents. defendant or that was taken by the defendant section shall be liable only for the amount of TITLE I—SMALL BUSINESS LAWSUIT other than in accordance with the terms of a noneconomic loss allocated to that defendant in ABUSE PROTECTION lawfully issued prescription. direct proportion to the percentage of responsi- Sec. 101. Findings. (3) ECONOMIC LOSS.—The term ‘‘economic bility of that defendant (determined in accord- Sec. 102. Definitions. loss’’ means any pecuniary loss resulting from ance with paragraph (2)) for the harm to the Sec. 103. Limitation on punitive damages for harm (including the loss of earnings or other claimant with respect to which that defendant small businesses. benefits related to employment, medical expense is liable; and

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4636 Sfmt 6333 E:\CR\FM\A16FE7.012 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H475 (B) the court shall render a separate judgment (5) under clause 3 of section 8 of article I of (C) any product seller not described in sub- against each defendant described in that sub- the United States Constitution, it is the con- paragraph (B) that holds itself out as a manu- section in an amount determined under sub- stitutional role of the Federal Government to re- facturer to the user of the product. paragraph (A). move barriers to interstate commerce. (9) NONECONOMIC LOSS.—The term ‘‘non- (2) PERCENTAGE OF RESPONSIBILITY.—For pur- (b) PURPOSES.—The purposes of this title, economic loss’’ means loss for physical or emo- poses of determining the amount of noneconomic based on the powers of the United States under tional pain, suffering, inconvenience, physical loss allocated to a defendant under this section, clause 3 of section 8 of article I of the United impairment, mental anguish, disfigurement, loss the trier of fact shall determine the percentage States Constitution, are to promote the free flow of enjoyment of life, loss of society and compan- of responsibility of each person responsible for of goods and services and lessen the burdens on ionship, loss of consortium (other than loss of the harm to the claimant, regardless of whether interstate commerce, by— domestic service), injury to reputation, or any or not the person is a party to the action. (1) establishing certain uniform legal prin- other nonpecuniary loss of any kind or nature. SEC. 105. EXCEPTIONS TO LIMITATIONS ON LI- ciples of product liability that provide a fair bal- (10) PERSON.—The term ‘‘person’’ means any ABILITY. ance among the interests of all parties in the individual, corporation, company, association, The limitations on liability under sections 103 chain of production, distribution, and use of firm, partnership, society, joint stock company, and 104 do not apply— products; and or any other entity (including any governmental (1) to any defendant whose misconduct— (2) reducing the unacceptable costs and delays entity). (A) constitutes— in product liability actions caused by excessive (11) PRODUCT.— (i) a crime of violence; litigation that harms both plaintiffs and defend- (A) IN GENERAL.—The term ‘‘product’’ means (ii) an act of international terrorism; or ants. any object, substance, mixture, or raw material in a gaseous, liquid, or solid state that— (iii) a hate crime; SEC. 202. DEFINITIONS. (B) results in liability for damages relating to (i) is capable of delivery itself or as an assem- In this title: bled whole, in a mixed or combined state, or as the injury to, destruction of, loss of, or loss of (1) ALCOHOL PRODUCT.—The term ‘‘alcohol use of, natural resources described in— a component part or ingredient; product’’ includes any product that contains (ii) is produced for introduction into trade or (i) section 1002(b)(2)(A) of the Oil Pollution not less than 1⁄2 of 1 percent of alcohol by vol- commerce; Act of 1990 (33 U.S.C. 2702(b)(2)(A)); or ume and is intended for human consumption. (iii) has intrinsic economic value; and (ii) section 107(a)(4)(C) of the Comprehensive (2) CLAIMANT.—The term ‘‘claimant’’ means (iv) is intended for sale or lease to persons for Environmental Response, Compensation, and any person who brings an action covered by this commercial or personal use. Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)); title and any person on whose behalf such an (B) EXCLUSION.—The term ‘‘product’’ does not (C) involves— action is brought. If such an action is brought include— (i) a sexual offense, as defined by applicable through or on behalf of an estate, the term in- (i) tissue, organs, blood, and blood products State law; or cludes the claimant’s decedent. If such an ac- used for therapeutic or medical purposes, except (ii) a violation of a Federal or State civil tion is brought through or on behalf of a minor to the extent that such tissue, organs, blood, rights law; or incompetent, the term includes the claimant’s and blood products (or the provision thereof) (D) occurred at the time the defendant was legal guardian. are subject, under applicable State law, to a under the influence (as determined under appli- (3) COMMERCIAL LOSS.—The term ‘‘commercial standard of liability other than negligence; or cable State law) of intoxicating alcohol or a loss’’ means— (ii) electricity, water delivered by a utility, drug, and the fact that the defendant was (A) any loss or damage solely to a product natural gas, or steam. under the influence was the cause of any harm (12) PRODUCT LIABILITY ACTION.— itself; alleged by the plaintiff in the subject action; or (A) GENERAL RULE.—Except as provided in (B) loss relating to a dispute over the value of (2) to any cause of action which is brought subparagraph (B), the term ‘‘product liability a product; or under the provisions of title 31, United States action’’ means a civil action brought on any (C) consequential economic loss, the recovery Code, relating to false claims (31 U.S.C. 3729– theory for a claim for any physical injury, ill- of which is governed by applicable State com- 3733) or to any other cause of action brought by ness, disease, death, or damage to property that mercial or contract laws that are similar to the the United States relating to fraud or false is caused by a product. Uniform Commercial Code. statements. (B) The following claims are not included in (4) COMPENSATORY DAMAGES.—The term ‘‘com- the term ‘‘product liability action’’: SEC. 106. PREEMPTION AND ELECTION OF STATE pensatory damages’’ means damages awarded NONAPPLICABILITY. (i) NEGLIGENT ENTRUSTMENT.—A claim for for economic and noneconomic losses. (a) PREEMPTION.—Subject to subsection (b), negligent entrustment. (5) DRAM-SHOP.—The term ‘‘dram-shop’’ this title preempts the laws of any State to the (ii) NEGLIGENCE PER SE.—A claim brought means a drinking establishment where alcoholic extent that State laws are inconsistent with this under a theory of negligence per se. beverages are sold to be consumed on the prem- (iii) DRAM-SHOP.—A claim brought under a title. ises. theory of dram-shop or third-party liability aris- (b) ELECTION OF STATE REGARDING NON- (6) ECONOMIC LOSS.—The term ‘‘economic ing out of the sale or providing of an alcoholic APPLICABILITY.—This title does not apply to any loss’’ means any pecuniary loss resulting from product to an intoxicated person or minor. action in a State court against a small business harm (including the loss of earnings or other (13) PRODUCT SELLER.— in which all parties are citizens of the State, if benefits related to employment, medical expense (A) IN GENERAL.—The term ‘‘product seller’’ the State enacts a statute— loss, replacement services loss, loss due to death, means a person who in the course of a business (1) citing the authority of this subsection; burial costs, and loss of business or employment conducted for that purpose— (2) declaring the election of such State that opportunities) to the extent recovery for that (i) sells, distributes, rents, leases, prepares, this title does not apply as of a date certain to loss is allowed under applicable State law. blends, packages, labels, or otherwise is involved such actions in the State; and (7) HARM.—The term ‘‘harm’’ means any in placing a product in the stream of commerce; (3) containing no other provision. physical injury, illness, disease, or death or or TITLE II—PRODUCT SELLER FAIR damage to property caused by a product. The (ii) installs, repairs, refurbishes, reconditions, TREATMENT term does not include commercial loss. or maintains the harm-causing aspect of the SEC. 201. FINDINGS; PURPOSES. (8) MANUFACTURER.—The term ‘‘manufac- product. (B) EXCLUSION.—The term ‘‘product seller’’ (a) FINDINGS.—Congress finds that— turer’’ means— does not include— (A) any person who— (1) although damage awards in product liabil- (i) a seller or lessor of real property; ity actions may encourage the production of (i) is engaged in a business to produce, create, (ii) a provider of professional services in any safer products, they may also have a direct ef- make, or construct any product (or component case in which the sale or use of a product is in- fect on interstate commerce and consumers of part of a product); and cidental to the transaction and the essence of the United States by increasing the cost of, and (ii)(I) designs or formulates the product (or the transaction is the furnishing of judgment, decreasing the availability of, products; component part of the product); or skill, or services; or (2) some of the rules of law governing product (II) has engaged another person to design or (iii) any person who— liability actions are inconsistent within and formulate the product (or component part of the (I) acts in only a financial capacity with re- among the States, resulting in differences in product); spect to the sale of a product; or State laws that may be inequitable with respect (B) a product seller, but only with respect to (II) leases a product under a lease arrange- to plaintiffs and defendants and may impose those aspects of a product (or component part of ment in which the lessor does not initially select burdens on interstate commerce; a product) that are created or affected when, the leased product and does not during the lease (3) product liability awards may jeopardize before placing the product in the stream of com- term ordinarily control the daily operations and the financial well-being of individuals and in- merce, the product seller— maintenance of the product. dustries, particularly the small businesses of the (i) produces, creates, makes, constructs and (14) STATE.—The term ‘‘State’’ means each of United States; designs, or formulates an aspect of the product the several States, the District of Columbia, the (4) because the product liability laws of a (or component part of the product) made by an- Commonwealth of Puerto Rico, the Virgin Is- State may have adverse effects on consumers other person; or lands, Guam, American Samoa, the Northern and businesses in many other States, it is appro- (ii) has engaged another person to design or Mariana Islands, any other territory or posses- priate for the Federal Government to enact na- formulate an aspect of the product (or compo- sion of the United States, or any political sub- tional, uniform product liability laws that pre- nent part of the product) made by another per- division of any such State, commonwealth, terri- empt State laws; and son; or tory, or possession.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4636 Sfmt 6333 E:\CR\FM\A16FE7.007 pfrm13 PsN: H16PT1 H476 CONGRESSIONAL RECORD — HOUSE February 16, 2000

SEC. 203. APPLICABILITY; PREEMPTION. (b) SPECIAL RULE.— Page 7, strike line 13 through line 6 on page (a) APPLICABILITY.— (1) IN GENERAL.—A product seller shall be 8 and insert the following: (1) IN GENERAL.—Except as provided in para- deemed to be liable as a manufacturer of a prod- SEC. 103. LIMITATION ON PUNITIVE DAMAGES graph (2), this title governs any product liability uct for harm caused by the product, if— FOR SMALL BUSINESSES. action brought in any Federal or State court. (A) the manufacturer is not subject to service (a) GENERAL RULE.—Except as provided in (2) ACTIONS FOR COMMERCIAL LOSS.—A civil of process under the laws of any State in which section 105, in any civil action against a action brought for commercial loss shall be gov- the action may be brought; or small business, punitive damages may, to erned only by applicable State commercial or (B) the court determines that the claimant is the extent permitted by applicable Federal contract laws that are similar to the Uniform or would be unable to enforce a judgment or State law, be awarded against the small Commercial Code. against the manufacturer. business only if the claimant establishes by (b) RELATIONSHIP TO STATE LAW.—This title (2) STATUTE OF LIMITATIONS.—For purposes of clear and convincing evidence that conduct supersedes a State law only to the extent that this subsection only, the statute of limitations carried out by that defendant with a con- the State law applies to an issue covered by this applicable to claims asserting liability of a prod- scious, flagrant indifference to the rights or title. Any issue that is not governed by this title, uct seller as a manufacturer shall be tolled from safety of others was the proximate cause of including any standard of liability applicable to the date of the filing of a complaint against the the harm that is the subject of the action. a manufacturer, shall be governed by any appli- manufacturer to the date that judgment is en- (b) LIMITATION ON AMOUNT.—In any civil cable Federal or State law. tered against the manufacturer. action against a small business, punitive (c) EFFECT ON OTHER LAW.—Nothing in this (c) RENTED OR LEASED PRODUCTS.— damages awarded against a small business title shall be construed to— (1) DEFINITION.—For purposes of paragraph shall not exceed the lesser of— (1) waive or affect any defense of sovereign (2), and for determining the applicability of this (1) 3 times the total amount awarded to immunity asserted by any State under any State title to any person subject to that paragraph, the claimant for economic and noneconomic law; the term ‘‘product liability action’’ means a civil losses, or (2) supersede or alter any Federal law; action brought on any theory for harm caused (3) waive or affect any defense of sovereign (2) $250,000, by a product or product use. immunity asserted by the United States; except that the court may make this sub- (4) affect the applicability of any provision of (2) LIABILITY.—Notwithstanding any other section inapplicable if the court finds that chapter 97 of title 28, United States Code; provision of law, any person engaged in the the plaintiff established by clear and con- (5) preempt State choice-of-law rules with re- business of renting or leasing a product (other vincing evidence that the defendant acted spect to claims brought by a foreign nation or a than a person excluded from the definition of with specific intent to cause the type of citizen of a foreign nation; product seller under section 202(13)(B)) shall be harm for which the action was brought. (6) affect the right of any court to transfer subject to liability in a product liability action (c) APPLICATION BY THE COURT.—The limi- venue or to apply the law of a foreign nation or under subsection (a), but any person engaged in tation prescribed by this section shall be ap- to dismiss a claim of a foreign nation or of a cit- the business of renting or leasing a product plied by the court and shall not be disclosed izen of a foreign nation on the ground of incon- shall not be liable to a claimant for the tortious to the jury. venient forum; or act of another solely by reason of ownership of that product. The CHAIRMAN. Pursuant to House (7) supersede or modify any statutory or com- Resolution 423, the gentleman from Ar- mon law, including any law providing for an SEC. 205. FEDERAL CAUSE OF ACTION PRE- action to abate a nuisance, that authorizes a CLUDED. kansas (Mr. HUTCHINSON) and a Member person to institute an action for civil damages or The district courts of the United States shall opposed each will control 5 minutes. civil penalties, cleanup costs, injunctions, res- not have jurisdiction under this title based on The Chair recognizes the gentleman titution, cost recovery, punitive damages, or any section 1331 or 1337 of title 28, United States from Arkansas (Mr. HUTCHINSON). other form of relief, for remediation of the envi- Code. Mr. HUTCHINSON. Mr. Chairman, I ronment (as defined in section 101(8) of the TITLE III—EFFECTIVE DATE yield myself such time as I may con- Comprehensive Environmental Response, Com- SEC. 301. EFFECTIVE DATE. sume. pensation, and Liability Act of 1980 (42 U.S.C. This Act shall take effect with respect to any Mr. Chairman, I am pleased to rise in 9601(8))). civil action commenced after the date of enact- support of this carefully drafted and SEC. 204. LIABILITY RULES APPLICABLE TO ment of this Act without regard to whether the PRODUCT SELLERS, RENTERS, AND well-balanced legislation. I do believe LESSORS. harm that is the subject of the action occurred that balanced tort reform can be before such date. (a) GENERAL RULE.— achieved, and this bill takes us in the (1) IN GENERAL.—In any product liability ac- The CHAIRMAN. No amendment to right direction to do that. I want to tion covered under this title, a product seller the committee amendment in the na- thank the gentleman from California other than a manufacturer shall be liable to a ture of a substitute is in order, except (Mr. ROGAN) again for his work and claimant only if the claimant establishes that— those printed in House Report 106–498. (A)(i) the product that allegedly caused the leadership on this. harm that is the subject of the complaint was Each amendment may be offered only With the language that we have de- sold, rented, or leased by the product seller; in the order printed in the report, by a veloped in this amendment, I am now (ii) the product seller failed to exercise reason- Member designated in the report, shall able to lend my enthusiastic support to able care with respect to the product; and be considered read, shall be debatable the legislation. (iii) the failure to exercise reasonable care was for the time specified in the report, Small businesses across the country a proximate cause of the harm to the claimant; equally divided and controlled by the operate in fear of being named as a de- (B)(i) the product seller made an express war- proponent and an opponent, shall not ranty applicable to the product that allegedly fendant in a liability case. Though caused the harm that is the subject of the com- be subject to amendment, and shall not they may be found minimally respon- plaint, independent of any express warranty be subject to a demand for division of sible in the case, the weight of the made by a manufacturer as to the same product; the question. legal expenses can crush a small enter- (ii) the product failed to conform to the war- The Chairman of the Committee of prise. According to a Gallup survey, ranty; and the Whole may postpone a request for a one out of every five small businesses (iii) the failure of the product to conform to recorded vote on any amendment and do not hire more employees, expand the warranty caused the harm to the claimant; may reduce to a minimum of 5 minutes or their business, improve their existing (C)(i) the product seller engaged in inten- the time for voting on any postponed products, or introduce new products tional wrongdoing, as determined under appli- question that immediately follows an- out of fear of litigation. This legisla- cable State law; and other vote, provided that the time for tion addresses the situation by reform- (ii) the intentional wrongdoing caused the voting on the first question shall be a ing joint and several liability, which harm that is the subject of the complaint. minimum of 15 minutes. ensures that defendants are held liable (2) REASONABLE OPPORTUNITY FOR INSPEC- It is in order to consider Amendment TION.—For purposes of paragraph (1)(A)(ii), a only for the portion of the harm that product seller shall not be considered to have No. 1 printed in House Report 106–498. they cause. It limits punitive damages failed to exercise reasonable care with respect to AMENDMENT NO. 1 OFFERED BY MR. HUTCHINSON in routine cases and establishes uni- a product based upon an alleged failure to in- Mr. HUTCHINSON. Mr. Chairman, I form liability standards. spect the product, if— offer an amendment. Over the last several weeks, after the (A) the failure occurred because there was no The CHAIRMAN. The Clerk will des- Committee on the Judiciary passed reasonable opportunity to inspect the product; ignate the amendment. this bill out, the gentleman from Cali- or (B) the inspection, in the exercise of reason- The text of the amendment is as fol- fornia and I have worked on language able care, would not have revealed the aspect of lows: that I was very concerned about which the product that allegedly caused the claimant’s Amendment No. 1 offered by Mr. HUTCH- would provide an override for the cap harm. INSON: on punitive damages. As originally

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.007 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H477 drafted, the bill capped punitive dam- fendants who did not qualify as a small nois, the Drug Dealer Liability Act au- ages awards at $250,000, or three times business would be treated under the thorizes punitive damages against cor- the total compensatory award, which- bill. This change makes it clear that porations participating in illegal drug ever is less, with no provision for de- only small business defendants will markets, which would be overturned by parture in cases of extreme mis- enjoy the provisions of this legislation. the legislation. Florida has an environ- conduct. I was specifically concerned So I believe it is a good amendment; mental liability law which provides for that the bill did not include a judicial it improves the bill. I appreciate my treble damages in private actions override provision allowing judges to friend and colleague working with me against unlawful pollution or dis- respond to the most egregious cases, to come up with this language, and I charge, which would also be overturned and some of the Members have raised would ask my colleagues to support it. by this bill. this issue even in the debate today. b 1245 The last thing we would want to be The amendment that I offer today doing is creating further legal obstruc- Mr. ROGAN. Mr. Chairman, will the provides an opportunity for judges to tion to bring drug dealers and cor- gentleman yield? exceed the punitive damages cap if the porate polluters to justice. I do not Mr. HUTCHINSON. I am happy to plaintiff establishes by clear and con- think that this is intentionally set yield to the gentleman from California. vincing evidence that the defendant about as an objective, but still, this is Mr. ROGAN. Mr. Chairman, first I acted with specific intent to cause the the result. It is another example of in- want to congratulate and commend my type of harm for which the action was tent to do well versus the results of colleague, the gentleman from Arkan- brought. I think we can all agree that what happens when this measure is put sas, for his exceptional work on this. intentional behavior demonstrates into practice. such a callousness on the part of a de- We spent many long and arduous hours The copyright law, let us look at fendant that merits application of the during the committee, both in com- this. Plaintiffs are entitled to receive full punitive damage award as approved mittee and after hours, trying to per- up to $150,000 in penalties where the de- by the jury. This concept of a judicial fect this amendment. fendant acted willfully, which is a override has manifested itself pre- I believe that through this amend- much lower standard than is put forth viously, but I believe that this lan- ment we are increasing the scope of in the Hutchinson amendment. The guage is even better than what has fairness to a fundamentally important standard for Hutchinson is ‘‘specific in- been offered before. The provision is area. Once again, I want to thank my tent,’’ so the gentleman is making it carefully crafted to achieve a balance colleague for his sensitivity, his hard harder to get those people that may be that provides full punitives in the most work and his commitment. I enthu- acting in violation of copyright law. egregious cases, while not creating a siastically support this amendment. loophole that undermines the concept The CHAIRMAN. Does the gentleman This is a current major issue in liti- of a cap. from Michigan (Mr. CONYERS) seek to gation over the I Crave TV web site, a There have been a number of discus- control the time in opposition? foreign firm which is accused of steal- sions as to exactly what a plaintiff has Mr. CONYERS. Yes, I do, Mr. Chair- ing copyrighted television signals and to prove under this language. Let me man. airing them on the Internet. Unfortu- first say what the plaintiff does not The CHAIRMAN. The gentleman nately, the legislation continues to se- have to prove. The plaintiff will not from Michigan (Mr. CONYERS) is recog- verely minimize liability for copyright have to prove that the defendant in- nized for 5 minutes. theft and harm of all our Nation’s in- tended to harm that particular plain- Mr. CONYERS. Mr. Chairman, I yield tellectual property owners. tiff or that the defendant intended to myself such time as I may consume. Finally, even in the ordinary tort cause the harm that occurred. In other Mr. Chairman, I want to commend context there are numerous examples words, the plaintiff can prove by clear our distinguished colleague, the gen- of misconduct which should be subject and convincing evidence that the de- tleman from Arkansas (Mr. HUTCH- to punitive damages, but which will fendant intended to cause harm to peo- INSON), for his effort. If he thinks that never meet the ‘‘specific intent’’ stand- ple. He or she does not have to prove the president is not going to continue ard set forth in the amendment. Exam- that the defendant set out to harm the his veto over this legislation because of ple: What about the trucking compa- person specifically. this amendment, then I am afraid he nies? Three hundred thousand trucking In addition, if a plaintiff can prove has another thought coming, because companies, most of which have less that the defendant intended to cause this is too little and too late. This than 25 employees, would be shielded physical injury, illness, disease, death amendment falls well short and offers for punitive damages for flagrant high- or property damage, he or she does not far too much protection for drug deal- way accidents, even if they violate have to prove that the defendant ers, polluters, copyright infringers, and State regulations and injure or kill meant to cause a specific injury such other types of misconduct. drivers or passengers. This is of par- as a broken leg, dislocated back, or a I am going to explain how and why ticular concern to all of us who are particular strain of disease. Proving that is. First of all, the carve-out is concerned about highway safety. that a defendant intentionally set out purely discretionary with the court. So I sympathize, I say to the gen- to harm others, regardless of who was The court does not have to do this, I tleman from Arkansas, with what the ultimately hurt or what particular say to the gentleman from California gentleman is trying to do with the harm resulted, is sufficient to activate (Mr. ROGAN), it is up to them, so the amendment, but it falls short. It does this judicial override provision. damage cap may apply or the damage not go far enough. It will not protect So I would like to note for my col- cap may not apply. A judge that may us from a presidential veto, which has leagues that in the 104th Congress, the be considered pro-defendant in legal happened before in this kind of case, President vetoed comprehensive tort circles would have total discretion to and it is not the kind of thing that we reform legislation because he was con- render the Rogan-Hutchinson amend- would want to have happen in terms of cerned that there was not an adequate ment to be a nullity. giving protection to drug dealers, pol- judicial override. This addresses his Second, the amendment fails to safe- luters, copyright infringers, and other concern. I believe it will lead to the guard the wide variety of civil statutes types of misconduct. on the books which authorize punitive President’s signature hopefully on this The CHAIRMAN. All time has ex- damages and which are based on far bill. pired on the amendment. There were a number of other tech- less stringent evidentiary requirements nical corrections that were made, in- than set forth in the amendment. State The question is on the amendment cluding clarifying that the limitation laws frequently permit award of puni- offered by the gentleman from Arkan- on punitive damages applies only to tive damages against businesses based sas (Mr. HUTCHINSON). punitive damages against small busi- on more lenient evidence standards. The amendment was agreed to. nesses. This is very important. The So in some areas we may be of mar- The CHAIRMAN. It is now in order to original bill was not clear as to how ginal help, but in other areas we are consider amendment No. 2 printed in multidefendant cases where some de- not helping at all. For example, in Illi- House Report 106–498.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.048 pfrm13 PsN: H16PT1 H478 CONGRESSIONAL RECORD — HOUSE February 16, 2000 AMENDMENT NO. 2 OFFERED BY MR. MORAN OF inflated settlements of marginal, some- Mr. MORAN of Virginia. Mr. Chair- VIRGINIA times even meritless, lawsuits. man, I thank the gentleman very much Mr. MORAN of Virginia. Mr. Chair- Title II holds non-manufacturer prod- for his remarks, and I yield back the man, I offer an amendment made in uct sellers, lessors, and renters liable balance of my time. order by the rule. for their own negligence and inten- The CHAIRMAN. Does the gentleman The CHAIRMAN. The Clerk will des- tional wrongdoing, but it only holds from Michigan (Mr. CONYERS) seek to ignate the amendment. them responsible for the supplier man- control time in opposition? The text of the amendment is as fol- ufacturer’s liability when that manu- Mr. CONYERS. Yes, Mr. Chairman. lows: facturer is judgment-proof. The CHAIRMAN. The gentleman Amendment No. 2 offered by Mr. MORAN of This policy has been a noncontrover- from Michigan (Mr. CONYERS) is recog- Virginia: sial part of Federal product liability nized for 5 minutes. Page 6, insert after line 15 the following: legislation since the Carter adminis- Mr. CONYERS. Mr. Chairman, I yield (9) PUNITIVE DAMAGES.—The term ‘‘puni- tration published the model Uniform tive damages’’ means damages awarded myself such time as I may consume. against any person or entity to punish or Product Liability Act 21 years ago. I want to start off, Mr. Chairman, by deter such person, entity, or others from en- Most recently, the product seller li- letting everyone know how much I gaging in similar behavior in the future. ability standard in title II was included think of the gentleman from Virginia Such term does not include any civil pen- in the 1998 product liability com- (Mr. MORAN). He is a good friend of alties, fines, or treble damages that are as- promise that President Clinton had mine. sessed or enforced by an agency of State or agreed to sign. This provision will re- I suppose, in the final analysis, he Federal government pursuant to a State or duce the exposure of retailers and dis- Federal statute. has added a marginal benefit to the tributors to meritless product liability bill. What he has done is say that the The CHAIRMAN. Pursuant to House claims and unnecessary costs, while government, that is, the Federal sys- Resolution 423, the gentleman from meticulously preserving the ability of tem and the States, should not be Virginia (Mr. MORAN) and a Member injured persons to recover their full caught by the strictures of this bill, opposed each will control 5 minutes. damages. and we should allow them to move for- The Chair recognizes the gentleman Mr. Chairman, this modest but mean- ward and be able to bring lawsuits in from Virginia (Mr. MORAN). ingful legislation will improve the ad- Mr. MORAN of Virginia. Mr. Chair- ministration of civil justice in the some range not encumbered by the lim- man, I yield myself such time as I may United States, and I urge my col- itations that we are placing on every- consume. leagues to support it. body else. Mr. Chairman, H.R. 2366 in my mind The amendment that I am offering In other words, a citizen or private is a focused, tightly-crafted bill that today addresses the legitimate con- environmental groups are not affected will reduce unnecessary litigation and cerns raised by the White House in by the Moran Amendment. The govern- legal costs. It is careful not to over- their statement of administration pol- ments are going to be given an exclu- reach, and as such, gives us the oppor- icy. The administration is concerned sion, Federal and State, but not indi- tunity to respond on a bipartisan basis that without a specific definition of pu- vidual citizens and environmental to the concerns we have been hearing nitive damages, provisions of the bill suits. year after year from smaller employers may be read to cap the government’s That is what we are trying to do in about our civil justice system. ability to impose civil penalties, civil the environmental sector of improving For the smallest of the Nation’s busi- fines, or treble damages, all of which our society. We are trying to encourage nesses, those with less than 25 employ- are punitive in purpose. citizens and environmental organiza- ees, Title I will abolish joint liability This amendment would define ‘‘puni- tions which are not within the purview for noneconomic damages and to limit tive damages’’ in the bill as damages of this bill. punitive damages. States may elect to awarded against any person or entity For example, the bill would continue opt out and instead apply their own to punish or deter such person, entity, to wipe out incentives for private citi- joint liability and punitive damages or others from engaging in similar be- zens to enforce environmental laws by rules in cases brought in State court havior in the future. That is the pur- bringing private and whistleblower when the parties are all citizens of the pose of punitive damages. acts under the Clean Water Act. They same State. The amendment also makes clear would be caught by this bill, even with Further, these provisions do not that punitive damages, as defined in the Moran Amendment. That is why apply to civil cases that may arise the bill, will not include any civil pen- my praise for the gentleman from Vir- from certain violations of criminal law alties, fines, or treble damages that are ginia is so limited this afternoon. I or egregious misconduct. assessed or enforced by an agency of really hate to go through this long list Today our smallest enterprises oper- State or Federal Government pursuant of things that are not accomplished by ate in fear that they will be named as to a State or Federal statute. the Moran Amendment. I can tell the Members, as an original a defendant in a lawsuit, be found Yet, it is a modest improvement, but cosponsor of the underlying legislation, minimally responsible for the claim- it does not help anybody bringing a none of the sponsors of this legislation ant’s harm, but be maximally crushed whistleblower action. It will not help intended for the bill to include such ac- under the weight of all the damages as any citizen suing under the Clean tions. I do applaud the administration Water Act, the Solid Waste Disposal a result of the application of joint or for suggesting the clarifying language Act, the Clean Air Act, the Superfund, deep pockets liability. Most States in this amendment. have recognized the inequity of the un- Mr. ROGAN. Mr. Chairman, will the the Safe Drinking Water Act, the Toxic fettered application of joint liability gentleman yield? Substance Control Act, the Lead-Based and have acted to abolish or restrain it Mr. MORAN of Virginia. I yield to Paint Hazard Reduction Act. Those and in some way. the gentleman from California. other cases brought by citizens or envi- The Small Business Liability Reform Mr. ROGAN. Mr. Chairman, I thank ronmental organizations, these people Act adopts a fair, balanced approach by the gentleman for yielding to me. I will wave the Moran Amendment to limiting the noneconomic damages ex- simply want to commend the gen- their dismay when they find out that it posure of a small business defendant to tleman, both for his amendment, which only applies to State and local govern- its own proportionate share. Similarly, I think makes a good bill much better, ments. the owners and employees of a very and secondly, from the bottom of my Another problem with the amend- small commercial enterprise know heart I thank the gentleman for not ment is that it fails to deal with the their business could be destroyed by just his leadership on this bill, but for problems of the bill’s overturning a the legal costs associated with simply the pleasure of working with him on it. wide variety of joint and several liabil- defending against a civil action in a ju- I am proud to have had him as an origi- ity standards designed to deter mis- risdiction where punitive damages are nal cosponsor. conduct. Now, in this area, the bill unrestrained. Once again, I thank the gentleman does not do anything for anybody. At Rather than face that prospect, small for the impending success of a good least the gentleman is treating the business defendants are coerced into piece of legislation. citizens and the government fairly.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.051 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H479 This is a particular problem in the Mr. Chairman, my amendment deals Is there not something sinister and context, again, of environmental solely with title II, the products liabil- outrageous and unfair about that? claims, which are frequently brought ity part of the bill, a part of the bill All my amendment would do is say to by State and Federal governments, as which I would point out to my col- them, if there is a compelling Federal well as private individuals. There are leagues has no limitation to small reason for doing this, and I do not be- numerous Federal environmental stat- businesses and is a complete usurpa- lieve there is, but if there is, as they utes which provide for joint and several tion of State law on products liability. say there is, at least we ought to allow liability for noneconomic damages by It preempts all State law in this area the citizens of our country to come to perpetrators, and are not carved out to the extent that State laws are in- the Federal court to talk about and from the bill’s protection. consistent with title II. litigate about this supposed Federal I would point out to my colleagues b 1300 remedy that we are giving to them that this is absolutely contrary to ev- under the statute. These include the Clean Water Act, erything that my Republican col- the National Marine Sanctuaries Act, Mr. Chairman, I reserve the balance leagues say that they stand for. They of my time. the Park System Resource Protection tell us day after day after day that Act, and other measures that would be Mr. ROGAN. Mr. Chairman, would they believe in States’ rights; they be- the gentleman yield for 15 seconds? overturned by this legislation with the lieve in moving government closer to Moran amendment. The CHAIRMAN. The gentleman the people, sending it back to the local from North Carolina reserves the bal- I cannot vote for an amendment that level. This runs absolutely counter to ance of his time. continues to protect corporations from that stated proposition. They have had Does the gentleman from California oil spills which destroy natural sanc- to go out of their way to justify doing seek to control the time in opposition? tuaries and which damage our natural it, and I want to read specifically how parks. they have done it. Mr. ROGAN. No, Mr. Chairman. I am So what can I say? The only way to They have said products liability in support of the amendment. truly fix this problem is to limit the cases fall under the commerce clause of Mr. WATT of North Carolina. Mr. bill’s provisions to product liability the United States. This is what they Chairman, I yield myself such time as cases as an amendment offered by my- say in the findings leading into title II. I may consume. self and another gentleman from Vir- ‘‘Although damage awards in product Mr. Chairman, I am delighted and I ginia (Mr. SCOTT), which our amend- liability actions may encourage the want to express my absolute delight ment would do. production of safer products, they may that despite the fact that they have Mr. MORAN of Virginia. Mr. Chair- also have a direct effect on interstate fought this amendment all the way man, will the gentleman yield? commerce.’’ through the committee process, they Mr. CONYERS. I yield to the gen- They go on to say, ‘‘Some of the have finally come to the light that if tleman from Virginia. rules of law governing product liability there is a Federal right here involved, Mr. MORAN of Virginia. Mr. Chair- actions are inconsistent within and there ought to at least be access to the man, I would say to the distinguished among the States, resulting in dif- Federal courts and I express my appre- gentleman from Michigan (Mr. ferences in State laws that may be in- ciation to the gentleman from Cali- CONYERS), an ardent leader of the full equitable with respect to plaintiffs and fornia (Mr. ROGAN). committee, that the purpose of the defendants and may impose burdens on The CHAIRMAN. The question is on amendment was to address what was in interstate commerce.’’ the amendment offered by the gen- the statement of administration pol- They go on to say, ‘‘Under clause 3 of tleman from North Carolina (Mr. icy, and I think the amendment does Section 8 of article I of the United WATT). that. States Constitution, it is the constitu- In terms of private rights of action, I The amendment was agreed to. tional role of the Federal Government suspect that may be addressed in con- The CHAIRMAN. It is now in order to to remove barriers to interstate com- ference and in the Senate as well, but consider amendment No. 4 printed in merce.’’ House Report 106–498. I can understand the gentleman’s con- These are their findings, and in the AMENDMENT NO. 4 OFFERED BY MR. CONYERS cerns. I just do not necessarily share purpose of this section, this is what them as strongly as the gentleman they say and I am quoting, ‘‘The pur- Mr. CONYERS. Mr. Chairman, I of- does. poses of this title, based on the powers fered amendment No. 4. Mr. CONYERS. Mr. Chairman, I yield of the United States under clause 3 of The CHAIRMAN. The Clerk will des- back the balance of my time. Section 8 of article I of the United ignate the amendment. The CHAIRMAN. The question is on States Constitution, are to promote The text of the amendment is as fol- the amendment offered by the gen- the free flow of goods and services and lows: tleman from Virginia (Mr. MORAN). The amendment was agreed to. lessen the burdens on interstate com- Amendment No. 4 offered by Mr. CONYERS: The CHAIRMAN. It is now in order to merce.’’ Page 6, line 23, insert before the period the They have tried to take over this following: ‘‘and had revenues in each of the consider amendment No. 3 printed in last 2 years of $5,000,000 or less’’. House Report 106–498. area of the law because they say there is a compelling Federal Government Page 19, line 10, strike ‘‘(14)’’ and insert AMENDMENT NO. 3 OFFERED BY MR. WATT OF interest under the interstate commerce ‘‘(15)’’ and after line 9 insert the following: NORTH CAROLINA (14) SMALL BUSINESS.— Mr. WATT of North Carolina. Mr. clause, but, Mr. Chairman, beware be- (A) IN GENERAL.—The term ‘‘small busi- Chairman, I offer amendment No. 3. cause then we get to the end of the bill. ness’’ means any unincorporated business, or The CHAIRMAN. The Clerk will des- What do they say at the end of the bill? any partnership, corporation, association, ignate the amendment. Despite this compelling Federal inter- unit of local government, or organization The text of the amendment is as fol- est, they then say, ‘‘The district courts that has fewer than 25 full-time employees as lows: of the United States,’’ the Federal determined on the date the civil action in- volving the small business is filed and had Amendment No. 3 offered by Mr. WATT of courts, ‘‘shall not,’’ shall not, shall revenues in each of the last 2 years of North Carolina: not, Mr. Chairman, ‘‘have jurisdiction Page 24, line 11, strike ‘‘or 1337’’. under’’ the commerce clause of the $5,000,000 or less. (B) CALCULATION OF NUMBER OF EMPLOY- The CHAIRMAN. Pursuant to House Constitution. EES.—For purposes of subparagraph (A), the Resolution 423, the gentleman from So Big Brother is saying to the number of employees of a subsidiary of a North Carolina (Mr. WATT) and a Mem- States, we know how to say what the wholly owned corporation includes the em- ber opposed each will control 5 min- law ought to be in this area, but Big ployees of— utes. Brother is also saying to the States (i) a parent corporation; and The Chair recognizes the gentleman and to the individual people, despite (ii) any other subsidiary corporation of from North Carolina (Mr. WATT). the compelling Federal interest that that parent corporation. Mr. WATT of North Carolina. Mr. we have at the Federal level, we are (Title II Applicable to Small Business) Chairman, I yield myself such time as not going to give access to the Federal Page 21, line 12, insert after ‘‘title’’ the fol- I may consume. courts to litigate these cases. lowing: ‘‘brought against a small business’’.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.055 pfrm13 PsN: H16PT1 H480 CONGRESSIONAL RECORD — HOUSE February 16, 2000 (Definition of Product and Product Liability The CHAIRMAN. Pursuant to House Fifth, the bill allows an opt-out by Action) Resolution 423, the gentleman from States by statute. This amendment Page 6, beginning in line 16 redesignate Michigan (Mr. CONYERS) and a Member would allow the State to opt out by paragraphs (9) and (10) as paragraphs (11) and opposed each will control 20 minutes. initiative and referendum for those (12), respectively, and add after line 15 the The Chair recognizes the gentleman following: States which also allow initiative and from Michigan (Mr. CONYERS). (9) PRODUCT.— referendum in enacting laws. Mr. CONYERS. Mr. Chairman, I yield (A) IN GENERAL.—The term ‘‘product’’ Sixth, this amendment expands the means any object, substance, mixture, or 4 minutes to the gentleman from Vir- hate crime exclusion to include victims raw material in a gaseous, liquid, or solid ginia (Mr. SCOTT), my cosponsor. of gender discrimination. A hate crime state that— Mr. SCOTT. Mr. Chairman, I thank based on gender discrimination is just (i) is capable of delivery itself or as an as- the gentleman from Michigan (Mr. as despicable as one based on race, reli- sembled whole, in a mixed or combined CONYERS) for yielding me this time. gion, or national origin; and it should, state, or as a component part or ingredient; Mr. Chairman, I rise to speak in sup- (ii) is produced for introduction into trade therefore, be included in a definition of port of the Conyers-Scott amendment a hate crime and not protected by this or commerce; which will simply conform the bill to (iii) has intrinsic economic value; and bill. (iv) is intended for sale or lease to persons its title and provide some truth in ad- In closing, this bill sets some dan- for commercial or personal use. vertising and legislation. Despite its gerous precedents as also it is dan- (B) EXCLUSION.—The term ‘‘product’’ does name, the truth about the Small Busi- gerous to public health and safety. I not include— ness Liability Reform Act is that it strongly urge my colleagues to vote (i) tissue, organs, blood, and blood products will reward all businesses, big and yes on this amendment which seeks to used for therapeutic or medical purposes, ex- small, with broad and sweeping legal both conform the bill to its title, as cept to the extent that such tissue, organs, protections when they cause personal well as provide a remedy for some of blood, and blood products (or the provision or financial harm, even intentionally thereof) are subject, under applicable State the most egregious aspects of the legis- law, to a standard of liability other than due to defective products. For those parts of the bill which ac- lation. negligence; or Mr. ROGAN. Mr. Chairman, I rise in tually pertain to small businesses, the (ii) electricity, water delivered by a util- opposition to the amendment, and I definition of small business in this bill ity, natural gas, or steam. yield myself such time as I may con- (10) PRODUCT LIABILITY ACTION.— contains no qualifiers pertaining to an- sume. (A) GENERAL RULE.—Except as provided in nual revenues, so even a billion dollar Mr. Chairman, this amendment subparagraph (B), the term ‘‘product liabil- corporation, with relatively few em- would use the word ‘‘revenue’’ to define ity action’’ means a civil action brought on ployees, can still qualify for special any theory for a claim for any physical in- protection as a small business. a small business rather than the cur- jury, illness, disease, death, or damage to Furthermore, while this bill purports rent definition of 24 or fewer employ- property that is caused by a product. ees. Under the gentleman’s suggested (B) The following claims are not included to constitute liability reform, the lan- guage is overbroad and covers contract change, a small business would have to in the term ‘‘product liability action’’: have revenues in each of the prior 2 (i) NEGLIGENT ENTRUSTMENT.—A claim for law and other areas of the law not negligent entrustment. properly considered by the committee. years of $5 million or less. (ii) NEGLIGENCE PER SE.—A claim brought So this amendment will first define a First, we know, Mr. Chairman, from under a theory of negligence per se. small business as one with fewer than what has been presented here today, (iii) DRAM-SHOP.—A claim brought under a 25 employees, as it has in the bill, but that the bulk of small businesses do theory of dram-shop or third-party liability also one with under $5 million in an- not make $5 million. The amendment is arising out of the sale or providing of an al- nual revenues. not sufficiently defined. For instance, coholic product to an intoxicated person or is it proposing to use gross revenues or minor. Without this amendment, a company with less than 25 employees with reve- net? (Making Title I Applicable to only Product The simple statement that revenues Liability Actions) nues in the billions, an Internet cor- should be used is not sufficient. Net Page 6, line 22 and page 8, lines 1, 11, and poration, for example, or a brokerage 16, strike ‘‘civil action’’ and insert ‘‘product firm, could still be designated as a revenue is more difficult to determine liability action’’. small business; and they could rip off than the number of full-time employ- (Definition of Hate Crime) millions of people for billions of dollars ees. Full-time employees is a more con- Page 5, strike lines 23 through 25 and insert and still get protection under this bill. stant measure of a small business. Rev- the following: Second, this amendment would truly enue is more volatile year to year, (5) HATE CRIME.—The term ‘‘hate crime’’ limit the bill to suits against small whereas the number of full-time em- means a crime in which the defendant inten- businesses. As it presently exists, the ployees can easily be determined by tionally selects a victim, or in the case of second part of the bill is a general looking at a company’s W–2 form. property crime, the property that is the ob- products liability bill which notwith- Using gross revenues instead of the ject of the crime, because of the actual or standing the title of the bill applies to number of employees offers a very nar- perceived race, color, religion, national ori- gin, ethnicity, gender, disability, or sexual all businesses, large and small. row view of small business. A small orientation of the victim or owner of the Third, this bill would limit the scope business’ gross revenue can change dra- property. of part one of the bill to product liabil- matically over a period of time. (Making Section 103 Applicable to Punitive ity rather than civil action as the bill I remind my colleagues that the Y2K Damages Irrespective of State Law) does. So the bill protects wrongdoers Act approved by Congress and signed Page 7, beginning in line 17, strike ‘‘, to the involving contract law, antitrust law, into law last year by the President extent permitted by applicable State law,’’. trademark protection and everything capped punitive damages and defined a (Allowing State to Elect Nonapplicability by else. The scope of this title is unrea- small business as fewer than 50 full- Enacting a Referendum or Initiative) sonably broad and expansive and time employees, with no revenue lim- Page 11, line 9, after ‘‘a statute’’ insert ‘‘, should be narrowed to conform to the its. an initiative, or referendum’’, add ‘‘and’’ at title Small Business Liability Reform The standard in the underlying bill the end of line 10, in line 13, strike ‘‘; and’’ Act. before this Chamber today, that is and insert a period, and strike line 14 Fourth, this amendment would cre- Page 21, insert after line 7 the following: under 25 employees, ensures that only (d) ELECTION OF STATE REGARDING NON- ate consistency and uniformity in that the smallest of America’s small busi- APPLICABILITY.—This title does not apply to all States would be required to provide nesses will be covered. any action in a State court against a small for punitive damages under limited Further, litigation could end up fo- business in which all parties are citizens of conditions set forth in the bill. As pres- cusing upon the sole issue of the period the State, if the State enacts a statute, an ently written, the bill unfairly dis- of gross revenue in question. initiative, or referendum— advantages consumers, as it preempts Finally, defining a small business by (1) citing the authority of this subsection; and any State law more favorable to con- any revenue sends a disturbing policy (2) declaring the election of such State sumers while leaving intact State laws message that discourages owners and that this title does not apply as of a date more favorable to businesses in the employees from achieving greater reve- certain to such actions in the State. area of punitive damages. nues.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.013 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H481 b 1315 Another section of this amendment have people working in lofts in their Next, the amendment would substan- would undermine the intent of Title II own homes with only a few other peo- tially abbreviate the effect of Title I by to create a uniform standard of liabil- ple that are commanding much more limiting the applicability of its provi- ity for all non-manufacturing product than millions of dollars’ worth of rev- sions to non-manufacturing product sellers in product liability cases. enue every year. sellers that are also small businesses as Section 204, subsections (a) and (b), Why does my colleague not accept defined by Title I. establish a uniform standard of liabil- the limitation of small business, if that This amendment would further com- ity for all non-manufacturing product is what he is really concerned about, to plicate product liability law. Because sellers in product liability cases. A those businesses that have revenues of product liability affects interstate seller would be liable to the claimant less than $5 million a year? commerce, the rules of the road gov- for harm caused by a defective product Most mom-and-pops do not come erning the liability of product sellers when the harm is caused by the seller’s anywhere near $5 million a year. Most for compensatory damages to claim- own negligence, breach of an express mom-and-pops are happy to get $100,000 ants due to harms caused by defective warranty, or a seller’s intentional or $200,000 or $300,000 worth of business products should be a uniform Federal wrongdoing. a year. The gentleman told me himself, standard applicable to all product sell- Under Title II, product sellers who and I know it already. But why not a $5 ers. injure consumers due to their failure to million, $4 million, $6 million limita- Defeating this amendment and enact- exercise reasonable care are liable. The tion? Those cannot be called mom-and- ing Title II as presented in the under- failure to recognize reasonable care is pop businesses. lying bill will reduce unnecessary law- neither driven nor affected in any way I think it is because the gentleman suits against blameless product sellers by the size of a business. knows the effect of that unusual dis- and reduce the wasteful legal and liti- Under Title II, if a claimant’s injury torted definition that he is going to let gation-related costs that go hand in was caused by a breach of the product in trucking companies, big businesses, hand with them. Neither the content seller’s own express warranty, the sell- people who certainly do not fit into the nor the effect of Title II is business-size er is liable. Breaches of express warran- mom-and-pop category. Now, the gentleman says that this sensitive. ties are neither caused nor in any way bill of his tracks the Y2K bill in terms Because the practical effect of Title I affected by the mere size of a business. will be to focus litigation on the par- Under Title II, product sellers are lia- of limiting punitive damages. Sorry. The Y2K bill limits punitive damages ties alleged to have been truly respon- ble and will pay if the manufacturer is to the greater of three times compen- sible for causing the claimant’s harm not subject to service of legal process satory damages. His bill limits the rather than to change outcomes, nei- or if the court determines that the damages to the lesser of three times ther claimant nor consumers have any- claimant would not be able to enforce the compensatory damages, or $250,000, thing whatsoever to gain by limiting the judgment against a liable manufac- the scope of Title II to product sellers whichever is less. turer. The relevant status of a culpable I know the gentleman from Cali- which are small businesses. manufacturer is not in any way de- Next, the gentleman seeks to apply fornia (Mr. ROGAN) just inadvertently pendent upon the size of the product thought that he was moving along the limitations on punitive damages to seller. only product liability actions and not lines that the other bill supported by The standard of product seller liabil- the administration was doing. civil actions against a small business. ity has nothing whatsoever to do with The fear of having to settle a frivo- So the argument that I present here business size, and the two should not be lous lawsuit is not just limited to prod- in terms of the amendment that I and linked to this bill. uct liability cases but to all civil ac- the gentleman from Virginia (Mr. It is for those reasons, Mr. Chairman, tions. Many business owners are forced SCOTT) offer is about truth in labeling. that I urge a no vote on this amend- to settle out of court for significant We are not limited to small businesses. ment. awards due to the fear of unlimited pu- There is no reason this Congress should Mr. Chairman, I reserve the balance nitive damages and civil actions even if shield from liability large businesses, of my time. the claim is unwarranted. and our amendment fixes it by a $5 mil- Testimony submitted by Mr. David Mr. CONYERS. Mr. Chairman, I yield lion revenue limitation, rather high. Harker before the House Committee on myself such time as I may consume. In addition, Title II of the bill limits Mr. Chairman, I would point out a the Judiciary last year confirmed his the liability of product sellers and con- frivolous suit was not over a product couple of items here made in the state- tains no size limitation at all, whether but over damages incurred to property. ment of the author of this bill against based on employees or revenues. This There are legions of other examples of the amendment that I think we might means that Wal-Mart, Hertz Rent-A- such frivolous suits in the record of the want to review more carefully. Car, and other huge corporations could committee. First, the most commonsense re- achieve multi-million-dollar windfalls, H.R. 2366 does not cap compensatory sponse to whether this is a small busi- not to mention all the reckless gun damages, that is economic and non- ness bill or not would be to put some sellers that have been referenced ear- economic damages, for civil actions. limit on the revenues in each of the lier whose carelessness and extended Although compensatory damages in last 2 years of less than $5 million each negligence lead to thousands of deaths civil actions may be covered by liabil- year. That would solve all of the dis- or injury. ity insurance, punitive damages fre- cussion about whether or not this is a Now, I am afraid that that, I say to quently are not covered and defendants bill in which a lot of large businesses in the author of the bill, cannot be con- must cover those out of pocket. terms of their annual revenue are sidered a harmless error or a mistake. Next, this amendment would create crowding under the umbrella of mom- I think that that is what he meant it punitive damage awards in those and-pop stores. to do. That is what the effect is, and States that do not recognize punitive Here is an example of a wonderful in- that is the result that will occur if this damages. Under the current bill, puni- tent demonstrated by the gentleman measure is passed in the form, even tive damages are only available if the from California (Mr. ROGAN) with no with all the amendments that have State already has them. The intent of conception of the effect of what he is been added to it so far today. the legislation is to reduce frivolous doing here. This would allow businesses Now, there is a misperception about litigation and legal costs. This amend- with hundreds of millions of dollars of the measure that this is somehow lim- ment would significantly expand the annual revenue to come under the um- ited to product liability. It is not. Title number of States in which punitive brella. 1 is truly breathtaking in its scope to damages are available and the poten- We do not want that, I say to the any civil action, to any civil action, tial for more widespread abuse. gentleman from California (Mr. whether it relates to a contract claim, The punitive damage cap in the un- ROGAN), let me help. Let me help by a copyright claim, environmental derlying bill is consistent with the Y2K amending his definition of ‘‘small busi- claim, a securities claim, civil RICO, a act that was, again, signed into law by ness’’ not just to 25 employers or less. bankruptcy action, even a reckless the President last year. He knows that the high-tech industries driving claim or a malpractice claim.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.064 pfrm13 PsN: H16PT1 H482 CONGRESSIONAL RECORD — HOUSE February 16, 2000 Now, I think this is changing the di- minutes remaining, and the gentleman statements, Mr. Chairman, that I am rection that we are going in in this leg- from Michigan (Mr. CONYERS) has 7 regrettably unable to join with my islation when we incorporate some- minutes remaining. friend from Michigan in support of his thing of this magnitude in this bill. Mr. ROGAN. Mr. Chairman, I yield amendment. Why do we not limit it to product li- myself such time as I may consume. Mr. Chairman, I reserve the balance ability, as the discussion began, rather Mr. Chairman, first I say to my dear of my time. than protecting businesses against friv- friend, my senior colleague, the gen- Mr. CONYERS. Mr. Chairman, I yield olous product liability suits. They have tleman from Michigan (Mr. CONYERS), myself such time as I may consume. now taken the huge step forward to say may I say that, although we differ I would like to point out that there that they would serve to protect busi- philosophically on the concept of law- are some companies that we may or nesses involved in criminal mis- suit abuse reform, I have a great deal may not want to be included in the conduct, foreign companies stealing of respect both for his talents and his provisions of the bill, and that is why U.S. copyrights, as well as careless cor- seniority, as well as his acts. this amendment exists. Take the fa- porate polluters. b 1330 mous American Derringer Company I do not buy that wide provision of that has less than 25 employees but insulating liability under the rubric of I am sorry that I cannot accept his manufactures as many as 10,000 cheap protecting small businesses in product amendment because his amendment pistols a year, which will now be pro- liabilities cases. They have gone a bit would undermine and gut the entire tected as a small business under the too far this time. They have gone too purpose of the underlying bill. I just Rogan bill. Is that a small business? Is far. want to take a moment if I may to cor- this a mom and pop? And so, I am well aware that the rect the record and I think the gen- body has tried to deal with the Rogan tleman may have misspoken. In my re- What about Davis Industries? It has and Moran amendments to improve the marks, I talked about the liability as- 15 employees. It is in the home State of situation, but the problems still re- pects of the Y2K bill which currently the author of this bill, of California, main. We are still protecting gun man- now are law and how we attempted to and is known for manufacturing the ufacturers, drug dealers, and polluters. track that in our bill. I believe the gen- majority of Saturday night specials in Our amendment responds to this. tleman said that it did not track it. I this country. As many as 180,000 pistols This is the most important amendment invite the gentleman’s attention to a year. Is this a small business that we that my colleagues may ever see on section 5, subsection B, subsection 1, want to protect? And may I point out this bill. And I am stunned that, in captioned Punitive Damages Limita- that the Conyers-Scott amendment their generous conduct on the floor tion from the Y2K bill. It says that a limitation would stop this ridiculous today, they have accepted or supported Y2K action may not exceed the lesser assumption that businesses that are every amendment but this one, the one of three times the amount awarded for bringing in hundreds and hundreds of that might take care of the problems compensatory damages or $250,000. thousands of dollars, millions of dol- and make it reasonable in the eyes of Mr. Chairman, that is the standard lars, are, in effect, small businesses, many people and organizations and the that is now a part of the underlying that we are concerned about the mom administration, as well. bill, and so it does track the Y2K liti- and pop effect. We are trying only to clarify the mis- gation reform that has passed both Again, it is a matter of Rogan intent leading provisions of the bill. My col- houses of Congress and the President versus the bill’s effect. The effect is, leagues purport to have a hate crimes signed last year. There is a funda- you are giving an umbrella to those carve-out. But did they accidentally mental difference between the Y2K that do not deserve it. Intratec, the leave out gender-based hate crimes or standard and the standard of the un- manufacturer of the infamous TEC– did they deliberately leave out gender- derlying bill. In the Y2K standard that DC9 used at Columbine High School, based hate crimes? Nobody knows. But currently is law, small business is de- has less than 25 employees but sells as let us put it in. They are not, appar- fined as 50 employees or less. In the un- many as 100,000 of these awful weapons ently, willing to do that. derlying bill before us today, that a year. Is this a small business that we They want to claim that they are standard has been cut in half, more want to protect, or do we want the two-way preemptive, but they only pre- than half, to 24 employees or less. The Conyers-Scott amendment to make empt State laws in which punitive purpose of doing that was to ensure as sure that it will not reside under the damages are more favorable to the vic- faithfully as possible that this bill protection of the Rogan bill? tims. The bill appears to allow State would impact the smallest of American I say we should exclude all of these opt-outs but limits it to legislative businesses. gun manufacturers from the provisions statutes. Now, it is a tempting invitation from of the bill, not because of the death- Might I ask why a referendum might the gentleman to go on a revenue-based dealing weapons they manufacture, but not be acceptable and that they require standard of what constitutes a small because they are not small businesses just to pass through the House, as well? business rather than an employee- in the true sense of the definition. We There are other ways for citizens to in- based standard; but for all of the rea- need a revenue cap on the definition of dicate their support. What about a ref- sons that I outlined in my opening re- small business. Thanks to the gen- erendum? marks, Mr. Chairman, I think that it is tleman from California, American Der- Our amendment fixes these problems, unworkable. There are exceptions, cer- ringer, Davis Industries, and Intratec providing for a real hate crimes carve- tainly, to small businesses who have 24 all will be very grateful to know that out, providing for a real two-way pre- or less employees that are doing very you are refusing a cap that would catch emption, providing for a hate crimes well. I know of some up in the Silicon them. The Rogan bill says that all of provision that includes gender. Valley myself. But I would submit to these are small businesses. Do we real- And so, if we are going to vote on a the gentleman, and statistics prove it ly want to protect them? I think not. out, that those are the very rare excep- bill to protect small businesses, we I urge all of the Members in this body tion and not the rule. ought to be clear and honest enough to to support the Conyers-Scott amend- The question before this House is will limit the bill to actual small busi- ment. nesses. And so, for that reason, I hope we allow the very small exception to this bill may be made viable and whole upset and overturn the opportunity to Mr. Chairman, I reserve the balance by supporting our amendment. provide needed relief to the millions of my time. Mr. Chairman, I reserve the balance and millions of men and women who Mr. ROGAN. Mr. Chairman, I yield of my time. comprise America’s small business myself such time as I may consume. Mr. ROGAN. Mr. Chairman, may I in- owners? I think not. The cosponsors of Mr. Chairman, I must respectfully quire how much time remains on both this bill have joined with me to ensure again take issue with my dear friend sides? that those protections are adequate from Michigan. He says in his remarks The CHAIRMAN. The gentleman and fair. It is for those reasons and the that small business gun manufacturers from California (Mr. ROGAN) has 131⁄2 reasons articulated in my previous are now automatically protected under

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.066 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H483 the Rogan bill. First, that is not a cor- or the bevy of other noneconomic dam- so if a defendant whose misconduct rect statement. Secondly, the state- ages that are available to them. And constitutes a crime of violence, that ment itself and the arguments pre- nothing in this bill as amended would would not be covered. But any other ceding the statement from some of our preclude a victim from having punitive crime, an actual crime or criminal en- other colleagues appear to make the damages assessed on one of those man- terprise, would be covered. So if we suggestion that there is something in- ufacturers if the manufacturer in- have a business perpetrating actual herently evil about an otherwise lawful tended a harm to occur and was found criminal activity, stealing people’s gun manufacturer being able to sell to come within that intentional con- money, that that would be protected guns to law-abiding citizens. I would duct that was amended into the bill by because it is not a crime of violence; respectfully suggest to my colleague our friend from Arkansas. and they would have the benefits under and to those who seem to take that So this claim that gun manufactur- the bill, limits of punitive damages, same position that if it is really their ers are going to be able to run rampant and if you are not stealing much from intention to override the second under this bill and put in the hands of everybody, you would be limited to the amendment protection for law-abiding murderers and killers inherently dan- actual damage, the little bit of money, citizens to defend themselves in their gerous weapons that are inherently and three times that of punitive dam- homes or in their place of business, and faulty, that have no legitimate social ages against each employee, even if abolish the private ownership of all purpose and that this is somehow some you are committing a crime. Would handguns, then let them introduce disguised bill to protect them under those people be protected under this their constitutional amendment to cover of small business, I would sug- bill? overturn the second amendment, let gest to my colleague is not a fair state- Mr. CONYERS. Of course they would. them introduce their legislation to pre- ment. Criminal sales of guns to felons would clude law-abiding citizens from being Mr. Chairman, I reserve the balance be caught by the protective provisions able to defend themselves, and let us of my time. supposedly going to protect small busi- then debate the merits of that bill up Mr. CONYERS. Mr. Chairman, I yield nesses, mom and pop stores. We have or down. But let us not destroy the pro- myself such time as I may consume. I heard mom and pop all day. These gun tections of small business owners want to tell the gentleman from Cali- manufacturers are not mom and pop through America, millions and mil- fornia how shocked I am to hear the stores. Our definition would not put lions of men and women, who have last statements that he has uttered. He them out of business. All it would do is nothing to do with guns, who have has been very calm and polite and gen- it would apply to all of those that have nothing to do with gun manufacturing, erous in his discussion. But to say that revenues in excess of $5 million a year. who have everything to do with driving we are naming gun manufacturers as If they have revenues smaller than $5 our economic engine. evil and giving me instructions to go to million a year, they would enjoy the By the way, I would just also suggest a constitutional amendment to stop protections. So this is not an antigun, to my colleague that there are many them is, of course, deliberately missing all-guns-are-evil argument in which I poor people in this country who do not the point. We are not trying to hurt have to refer to a constitutional provi- have the Secret Service protection that gun manufacturers. The Saturday sion. I am merely trying to take these some of our top leaders in government night special is a faulty weapon. The gun manufacturers out of the protec- have, who do not have a bevy of staff gentleman is on the Committee on the tions that the gentleman from Cali- around them at all times to ease their Judiciary. He is a former member of fornia is inadvertently giving them in comfort and pain, who live in the poor- the court. He is an attorney who has trying to protect so-called small busi- est neighborhoods, and the only protec- practiced law. The Saturday night spe- ness. tion they have when a dope addict or a cial is not a protected weapon. It fre- Mr. Chairman, I include the following murderer or a rapist is coming through quently is found to be a malfunc- letter for the RECORD: their window is the protection that tioning, dangerous weapon. We are not NATURAL RESOURCES DEFENSE COUNCIL, they find in their drawer. trying to put the gun dealers out of Washington, DC, February 16, 2000. These are not evil people. These are business. Hon. HENRY J. HYDE, law-abiding citizens trying to defend But for him to stand here and tell me Chairman, Committee on the Judiciary, their families. There are a lot of single that he is not going to help them by House of Representatives. mothers in my district and I would sus- limiting their liability where they may Hon. JOHN CONYERS, Jr., pect in the gentleman from Michigan’s be negligent is an incredible statement Ranking Minority Member, Committee on the Judiciary, House of Representatives. district who fall within that category. on his part. He imposes the cap on pu- DEAR CHAIRMAN HYDE AND RANKING MEM- If it is the desire of my colleagues on nitive recovery. He imposes the elimi- BER CONYERS: On behalf of the Natural Re- the left to preclude them from being nation of joint and several liability for sources Defense Council’s over 400,000 mem- able to protect themselves, to sue out everybody that comes under the defini- bers, I am writing to you to ask you to op- of business manufacturers of lawful tion of this bill. Davis Industries may pose passage of H.R. 2366, the ‘‘Small Busi- handguns that which they cannot ac- not be evil, but they are the ones man- ness Liability Reform Act of 2000,’’ because complish by way of legislation, then let ufacturing the Saturday night specials. of the adverse effects that it would have on them bring that bill forward. Even as- enforcement of environmental protection Intratec, I am not sure they are not statutes and private causes of action against suming that that was the case, that the evil people, there may be some nice those who violate the law. The bill is objec- manufacturing of handguns in this ones there, but they are the ones who tionable in its current form and would re- country was an inherently evil propo- manufacture the TEC–DC9 used at Col- main objectionable even if the two proposed sition, I would respectfully suggest to umbine. It is his State and cities and Rogan amendments are approved. my colleague that the Rogan bill does counties in California suing Davis In- While the purpose of the bill appears to be not do what he suggests, that it pro- dustries. We are not trying to put them to limit the liability of small businesses for tects them from liability for any harm ‘‘punitive damages’’ in personal injury and out of business. We are trying to make other tort lawsuits, the language is suffi- that they cause. them vulnerable to legal action, and he ciently broad to impact federal, state, and Nothing in this bill to a small busi- is protecting them. He is protecting citizen environmental enforcement actions. ness gun manufacturer would preclude them. Why does he disagree, I might For example, the definition of ‘‘noneconomic an injured person from receiving eco- ask, to the lawsuits that are being loss’’ in Section 102 is broad enough to in- nomic damages. Nothing in this bill brought in California at this present clude environmental degradation or even en- would preclude an injured victim from moment? vironmental catastrophes. There is no defini- receiving lost wages, medical com- Mr. SCOTT. Mr. Chairman, will the tion of ‘‘punitive damages’’ in the bill, and pensation, loss of business. Nothing in gentleman yield? that term could be interpreted to apply to this bill would preclude them from re- civil penalties or fines, and even treble dam- Mr. CONYERS. I yield to the gen- ages—all of which are punitive in nature. ceiving noneconomic damages. Nothing tleman from Virginia. Thus, this bill could allow companies and in- would preclude them from receiving Mr. SCOTT. I would ask the gen- dividuals to violate environmental laws with payment for pain and suffering, for dis- tleman if he will notice in the bill impunity, encouraging recalcitrant behav- figurement, for loss of companionship where crimes of violence are exempted, ior.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.073 pfrm13 PsN: H16PT1 H484 CONGRESSIONAL RECORD — HOUSE February 16, 2000 It could be interpreted to supersede specifi- concept of joint and several liability as [Roll No. 24] cally-enacted provisions designed to ensure currently upon the books is inherently AYES—178 adequate punishment and deterrence for seri- unfair. The idea that somebody could ous environmental violations, including Abercrombie Hinchey Neal have a very minuscule involvement in Ackerman Hinojosa Oberstar long-term noncompliance with statutes pro- a harm, say, 1 percent, but could be re- Allen Hoeffel Obey tecting public health and the environment Andrews Holt Olver resulting in serious environmental harm. quired to have to pay 100 percent of the Baldwin Hooley Ortiz Moreover, it could prohibit federal and state damages, is not a fair concept. I think Barrett (WI) Hoyer Owens trustees from recovering natural resource a tort system where liability was based Becerra Inslee Pallone damages under a number of environmental on percentage of fault would be a much Bentsen Jackson (IL) Pascrell statutes. The bill also could prevent whistle- Berkley Jackson-Lee Pastor better way in which to go. Berman (TX) Payne blowers from recovering damages under cer- Mr. Chairman, again I want to thank Blagojevich Jefferson Pelosi tain federal environmental laws, including my colleagues on both sides of the aisle Blumenauer Johnson, E. B. Phelps those that ensure safe drinking water. In ad- for their participation in this debate. It Bonior Jones (OH) Pomeroy dition, victims of lead paint poisoning will is through the bipartisan effort that we Borski Kanjorski Price (NC) be less able to protect themselves. Boswell Kaptur Rahall It would also restrict punitive damage re- have developed this important bill, and Boucher Kennedy Rangel covery for violations of clean up orders we hope that the spirit of consensus Brady (PA) Kildee Reyes under Section 107(c)(3) of CERCLA, which will carry this bill quickly through the Brown (FL) Kilpatrick Rivers Capuano Kind (WI) Rodriguez specifically provides for a punitive damage House and on to the other body. Cardin Kleczka Rothman recovery against those who fail to comply Although this amendment should be Carson Klink Roybal-Allard with such orders. Removing the possibility defeated, I am pleased that today the Clayton Kucinich Rush of treble damages for failure to comply with House of Representatives will have an Clyburn LaFalce Sabo such orders would encourage companies to historic opportunity. With the defeat Conyers Lampson Sanchez Costello Lantos Sanders delay compliance and instead hire attorneys of this amendment and passage of the to challenge those orders. Delay and waste- Coyne Larson Sandlin underlying bill, the House of Rep- Crowley Lazio Sawyer ful litigation would result. resentatives will stand behind the 2 Cummings Lee Schakowsky This bill would not only interfere with citi- Davis (FL) Levin Scott zen’s right to bring enforcement actions to million small business owners in my Davis (IL) Lewis (GA) Serrano clean up their local waters and air and pre- State of California alone and the mil- DeGette Lipinski Sherman vent future violations, but could also stop lions and millions more across the Na- Delahunt Lofgren Slaughter families from obtaining adequate compensa- tion. DeLauro Luther Smith (WA) tion from severe pollution that makes them The message we will send to these Deutsch Maloney (CT) Spratt sick. The bill does not even contain an ex- Dicks Maloney (NY) Stabenow small business owners is clear: frivo- Dingell Markey Stark emption for conduct that results in death. lous and meritless lawsuits, or the Dixon Mascara Strickland Families should be able to obtain all the threat of a frivolous and meritless law- Doggett Matsui Stupak damages to which they are entitled under suit, are crippling the lifeblood of Doyle McCarthy (MO) Tauscher current law when their health is destroyed Duncan McCarthy (NY) Thompson (CA) by the negligence of a small business as well America’s economy and they must be Edwards McDermott Thompson (MS) as by a large one. This bill could end up pro- stopped. Engel McGovern Thurman tecting small businesses at the expense of in- The Small Business Liability Reform English McIntyre Tierney Act will limit product liability for a Eshoo McKinney Towns jured families. Evans Meehan Traficant For these reasons, the proposed amend- product seller when their negligence is Farr Meek (FL) Turner ments cannot repair the harm that would re- the responsibility of the product manu- Fattah Meeks (NY) Udall (CO) sult from this bill, and I respectfully urge facturer. Filner Menendez Udall (NM) you to oppose this bill. As we all know, some 20 percent of Ford Millender- Velazquez Sincerely, Frank (MA) McDonald Visclosky America’s small businesses will not ex- Frost Miller, George Waters NANCY STONER, pand services, they will not increase Senior Staff Attorney, Gejdenson Minge Watt (NC) Gephardt Mink Waxman Natural Resources Defense Council. employee benefits, they will not hire more workers, they will not create Gonzalez Moakley Weiner The CHAIRMAN. The time of the Green (TX) Mollohan Wexler more jobs and they will not cut con- gentleman from Michigan (Mr. CON- Gutierrez Moore Weygand sumer costs out of fear of being saddled Hall (OH) Morella Wise YERS) has expired. The gentleman from with a frivolous or crippling lawsuit Hastings (FL) Murtha Woolsey 1 California (Mr. ROGAN) has 6 ⁄2 minutes and having to pay its debilitating Hill (IN) Nadler Wu Hilliard Napolitano Wynn remaining. costs. b 1345 In addition, this legislation will NOES—237 Mr. ROGAN. Mr. Chairman, I yield bring fairness and justice to millions of Aderholt Cannon Foley Archer Castle Forbes myself such time as I may consume. small business owners by bringing re- lief from the destructive threat of friv- Armey Chabot Fossella Mr. Chairman, first, I certainly hope Baca Chambliss Fowler that my dear friend from Michigan olous lawsuits that threaten to close Bachus Chenoweth-Hage Franks (NJ) does not mistake a serious policy dif- their doors, put workers on the unem- Baker Clement Frelinghuysen Ballenger Coble Gallegly ference in any way with a lack of re- ployment line and severely damage our economy. We owe America’s small Barcia Coburn Ganske spect or affection for him. I take a Barr Collins Gekas back seat to no one in this Chamber in businesses and their employers nothing Barrett (NE) Combest Gibbons less. Bartlett Condit Gilchrest admiration, both for his service and Mr. Chairman, I again thank my co- Barton Cook Gillmor the strength of his positions. We do sponsors and colleagues for their valu- Bass Cox Gilman Bateman Cramer Goode have a fundamental policy difference able support in bringing forward this with respect to liability limitations as Bereuter Crane Goodlatte bill. Berry Cubin Goodling advocated in this bill. The gentleman Mr. Chairman, I yield back the bal- Biggert Cunningham Gordon sees it one way; certainly I see it an- ance of my time. Bilbray Danner Goss other. Bilirakis Davis (VA) Granger The CHAIRMAN. The question is on Bliley Deal Green (WI) I do not view this bill, Mr. Chairman, the amendment offered by the gen- Blunt DeLay Greenwood as giving protection to people who have tleman from Michigan (Mr. CONYERS). Boehlert DeMint Gutknecht violated the law, and in fact we have The question was taken; and the Boehner Diaz-Balart Hall (TX) tried to craft it very carefully to en- Bonilla Dickey Hansen Chairman announced that the noes ap- Bono Dooley Hastings (WA) sure that if there is some intentional peared to have it. Boyd Doolittle Hayes wrongdoing, even by a business that RECORDED VOTE Brady (TX) Dreier Hayworth would qualify as a small business, they Mr. CONYERS. Mr. Chairman, I de- Bryant Dunn Hefley Burr Ehlers Herger would not come under any cap of puni- mand a recorded vote. Burton Ehrlich Hill (MT) tive damages, and under any event A recorded vote was ordered. Buyer Emerson Hilleary there is no cap on the other damages. The vote was taken by electronic de- Calvert Etheridge Hobson I do believe from a policy perspec- vice, and there were—ayes 178, noes 237, Camp Ewing Hoekstra tive, I would say to my friend, that the not voting 19, as follows: Canady Fletcher Holden

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.025 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H485 Horn Myrick Sherwood The SPEAKER pro tempore. Under Sherwood Sweeney Walsh Hostettler Nethercutt Shimkus Shimkus Talent Wamp Houghton Ney Shows the rule, the previous question is or- Shuster Tancredo Watkins Hulshof Northup Shuster dered. Simpson Tanner Watts (OK) Hunter Norwood Simpson Is a separate vote demanded on any Sisisky Tauzin Weldon (FL) Hutchinson Nussle Sisisky amendment to the committee amend- Skeen Taylor (MS) Weldon (PA) Hyde Ose Skeen Smith (MI) Taylor (NC) Weller Isakson Oxley Skelton ment in the nature of a substitute Smith (NJ) Thomas Whitfield Istook Packard Smith (MI) adopted by the Committee of the Smith (TX) Thornberry Wicker Jenkins Paul Smith (NJ) Whole? If not, the question is on the Souder Thune Wilson John Pease Smith (TX) Spence Tiahrt Wolf Johnson (CT) Peterson (MN) Souder amendment. Stearns Upton Young (AK) Johnson, Sam Peterson (PA) Spence The amendment was agreed to. Stenholm Vitter Young (FL) Jones (NC) Petri Stearns The SPEAKER pro tempore. The Stump Walden Kasich Pickering Stenholm question is on engrossment and third Kelly Pickett Stump NOES—193 King (NY) Pitts Sununu reading of the bill. Abercrombie Hinchey Olver Kingston Pombo Sweeney The bill was ordered to be engrossed Ackerman Hinojosa Ortiz Knollenberg Porter Talent and read a third time, and was read the Allen Hoeffel Owens Kolbe Portman Tancredo third time. Andrews Holt Pallone Kuykendall Pryce (OH) Tanner Baca Hooley Pascrell LaHood Quinn Tauzin The SPEAKER pro tempore. The Baldwin Hoyer Pastor Largent Radanovich Taylor (MS) question is on the passage of the bill. Barrett (WI) Hunter Paul Latham Ramstad Taylor (NC) The question was taken; and the Becerra Inslee Payne LaTourette Regula Terry Bentsen Istook Pelosi Leach Reynolds Thomas Speaker pro tempore announced that Berkley Jackson (IL) Phelps Lewis (CA) Riley Thornberry the ayes appeared to have it. Berman Jackson-Lee Pickett Lewis (KY) Roemer Thune RECORDED VOTE Berry (TX) Pomeroy Linder Rogan Tiahrt Blagojevich Jefferson Price (NC) LoBiondo Rogers Toomey Mr. CONYERS. Mr. Speaker, I de- Blumenauer Johnson, E.B. Rahall Lucas (KY) Rohrabacher Upton mand a recorded vote. Bonior Jones (OH) Rangel Lucas (OK) Ros-Lehtinen Vitter A recorded vote was ordered. Borski Kanjorski Reyes Manzullo Roukema Walden Boswell Kaptur Rivers McCrery Royce Walsh The vote was taken by electronic de- Boucher Kennedy Rodriguez McHugh Ryan (WI) Wamp vice, and there were—ayes 221, noes 193, Brady (PA) Kildee Rothman McInnis Ryun (KS) Watkins not voting 20, as follows: Brown (FL) Kilpatrick Roybal-Allard McIntosh Salmon Weldon (FL) Capuano Kind (WI) Rush McKeon Saxton Weldon (PA) [Roll No. 25] Cardin King (NY) Sabo McNulty Scarborough Weller AYES—221 Carson Kleczka Sanchez Metcalf Schaffer Whitfield Clayton Klink Sanders Aderholt Fletcher Lewis (CA) Mica Sensenbrenner Wicker Clyburn Kucinich Sandlin Archer Foley Lewis (KY) Miller (FL) Sessions Wilson Coble LaFalce Sawyer Armey Ford Linder Miller, Gary Shadegg Wolf Coburn Lampson Schakowsky Bachus Fossella LoBiondo Moran (KS) Shaw Young (AK) Conyers Lantos Scott Baker Fowler Lucas (KY) Moran (VA) Shays Young (FL) Costello Larson Serrano Ballenger Frank (MA) Lucas (OK) Coyne Lee Shadegg NOT VOTING—19 Barcia Franks (NJ) Manzullo Crowley Levin Sherman Barr Frelinghuysen McCrery Baird Clay McCollum Cummings Lewis (GA) Shows Barrett (NE) Gallegly McHugh Baldacci Cooksey Sanford Davis (FL) Lipinski Skelton Bartlett Ganske McInnis Bishop DeFazio Snyder Davis (IL) Lofgren Slaughter Barton Gekas McIntosh Brown (OH) Everett Vento DeGette Luther Smith (WA) Bass Gibbons McKeon Callahan Graham Watts (OK) Delahunt Maloney (CT) Spratt Bateman Gilchrest McNulty Campbell Lowey DeLauro Maloney (NY) Stabenow Bereuter Gillmor Metcalf Capps Martinez Deutsch Markey Stark Biggert Goode Mica Diaz-Balart Mascara Strickland Bilbray Goodlatte Miller (FL) b 1412 Dicks Matsui Stupak Bilirakis Goodling Miller, Gary Dingell McCarthy (MO) Sununu Messrs. GOODLING, SMITH of Michi- Bliley Gordon Moran (KS) Dixon McCarthy (NY) Tauscher Blunt Goss Moran (VA) gan, KUYKENDALL, LEWIS of Cali- Doggett McDermott Terry Boehlert Granger Myrick fornia, SIMPSON, SHUSTER, SES- Doolittle McGovern Thompson (CA) Boehner Green (WI) Ney Doyle McIntyre Thompson (MS) SIONS, RILEY, FORBES, TAUZIN, and Bonilla Greenwood Northup Edwards McKinney Thurman Bono Gutknecht Norwood Ms. DUNN changed their vote from Ehrlich Meehan Tierney Boyd Hall (OH) Nussle ‘‘aye’’ to ‘‘no.’’ Engel Meek (FL) Toomey Brady (TX) Hall (TX) Ose Mr. GEPHARDT changed his vote English Meeks (NY) Towns Bryant Hansen Oxley Eshoo Menendez Traficant from ‘‘no’’ to ‘‘aye.’’ Burr Hastings (WA) Packard Etheridge Millender- Turner Burton Hayes Pease So the amendment was rejected. Evans McDonald Udall (CO) Buyer Hayworth Peterson (MN) The result of the vote was announced Farr Miller, George Udall (NM) Calvert Hefley Peterson (PA) Fattah Minge Velazquez as above recorded. Camp Herger Petri Filner Mink Visclosky The CHAIRMAN. The question is on Canady Hill (MT) Pickering Forbes Moakley Waters Cannon Hilleary Pitts the committee amendment in the na- Frost Mollohan Watt (NC) Castle Hobson Pombo ture of a substitute, as amended. Gejdenson Moore Waxman Chabot Hoekstra Porter Gephardt Morella Weiner The committee amendment in the Chambliss Holden Portman Gilman Murtha Wexler nature of a substitute, as amended, was Chenoweth-Hage Horn Pryce (OH) Gonzalez Nadler Weygand Clement Hostettler Quinn agreed to. Green (TX) Napolitano Wise Collins Houghton Radanovich The CHAIRMAN. Under the rule, the Hastings (FL) Neal Woolsey Combest Hulshof Ramstad Hill (IN) Nethercutt Wu Committee rises. Condit Hutchinson Regula Hilliard Obey Wynn Accordingly, the Committee rose; Cook Hyde Reynolds and the Speaker pro tempore (Mr. Cox Isakson Riley NOT VOTING—20 Cramer Jenkins Roemer Baird Clay Martinez SUNUNU) having assumed the chair, Mr. Crane John Rogan Baldacci Cooksey McCollum THORNBERRY, Chairman of the Com- Cubin Johnson (CT) Rogers Bishop DeFazio Oberstar Cunningham Johnson, Sam Rohrabacher mittee of the Whole House on the State Brown (OH) Everett Sanford Danner Jones (NC) Ros-Lehtinen of the Union, reported that that Com- Callahan Graham Snyder Davis (VA) Kasich Roukema Campbell Gutierrez Vento mittee, having had under consideration Deal Kelly Royce Capps Lowey the bill (H.R. 2366), to provide small DeLay Kingston Ryan (WI) businesses certain protections from DeMint Knollenberg Ryun (KS) Dickey Kolbe Salmon b 1432 litigation excesses and to limit the Dooley Kuykendall Saxton product liability of nonmanufacturer Dreier LaHood Scarborough Mr. HUNTER changed his vote from product sellers, pursuant to House Res- Duncan Largent Schaffer ‘‘aye’’ to ‘‘no.’’ olution 423, he reported the bill back to Dunn Latham Sensenbrenner So the bill was passed. Ehlers LaTourette Sessions the House with an amendment adopted Emerson Lazio Shaw The result of the vote was announced by the Committee of the Whole. Ewing Leach Shays as above recorded.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.014 pfrm13 PsN: H16PT1 H486 CONGRESSIONAL RECORD — HOUSE February 16, 2000 A motion to reconsider was laid on that absent such lack of consistent, reason- States Government, a State, or an agency, the table. able national baseline or such undue bur- department, board, commission, authority, dens, the best legal system for electronic or institution of the United States Govern- f commerce will result from continuing ex- ment or of a State. PERSONAL EXPLANATION perimentation by individual jurisdictions. (8) UNIFORM ELECTRONIC TRANSACTIONS (6) With due regard to the fundamental ACT.—The term ‘‘Uniform Electronic Trans- Mr. TIAHRT. Mr. Speaker, today I was un- need for a consistent national baseline, each actions Act’’ means the Uniform Electronic avoidably detained and missed rollcall vote jurisdiction that enacts such laws should Transactions Act as provided to State legis- numbers 22 and 23. Had I been present, I have the right to determine the need for any latures by the National Conference of Com- would have voted ``yes'' on approving the exceptions to protect consumers and main- missioners on Uniform State Law in that Journal of February 15, and ``yes'' on H. Res. tain consistency with existing related bodies form or any substantially similar variation 423, the rule for H.R. 2366, the Small Busi- of law within a particular jurisdiction. thereof. (7) Industry has developed several elec- ness Liability Reform Act. SEC. 5. INTERSTATE CONTRACT CERTAINTY. tronic signature technologies for use in elec- (a) IN GENERAL.—In any commercial trans- f tronic transactions, and the public policies action affecting interstate commerce, a con- MILLENNIUM DIGITAL COMMERCE of the United States should serve to promote tract may not be denied legal effect or en- a dynamic marketplace within which these ACT forceability solely because an electronic sig- technologies can compete. Consistent with nature or electronic record was used in its Mr. BLILEY. Mr. Speaker, I ask this Act, States should permit the use and formation. unanimous consent to take from the development of any authentication tech- (b) METHODS.—Parties to a transaction are Speaker’s table the Senate bill (S. 761) nologies that are appropriate as practicable permitted to determine the appropriate elec- to regulate interstate commerce by as between private parties and in use with tronic signature technologies for their trans- State agencies. electronic means by permitting and en- action, and the means of implementing such SEC. 3. PURPOSES. couraging the continued expansion of technologies. The purposes of this Act are— (c) PRESENTATION OF CONTRACTS.—Notwith- electronic commerce through the oper- (1) to permit and encourage the continued standing subsection (a), if a law requires ation of free market forces, and other expansion of electronic commerce through that a contract be in writing, the legal effect purposes, and ask for its immediate the operation of free market forces rather or enforceability of an electronic record of consideration in the House. than proscriptive governmental mandates such contract shall be denied under such law, The Clerk read the title of the Senate and regulations; unless it is delivered to all parties to such bill. (2) to promote public confidence in the va- contract in a form that— The SPEAKER pro tempore (Mr. lidity, integrity and reliability of electronic (1) can be retained by the parties for later commerce and online government under Fed- reference; and SUNUNU). Is there objection to the re- eral law; (2) can be used to prove the terms of the quest of the gentleman from Virginia? (3) to facilitate and promote electronic agreement. There was no objection. commerce by clarifying the legal status of (d) SPECIFIC EXCLUSIONS.—The provisions The Clerk read the Senate bill, as fol- electronic records and electronic signatures of this section shall not apply to a statute, lows: in the context of contract formation; regulation, or other rule of law governing S. 761 (4) to facilitate the ability of private par- any of the following: ties engaged in interstate transactions to (1) The Uniform Commercial Code, as in ef- Be it enacted by the Senate and House of Rep- agree among themselves on the appropriate fect in a State, other than sections 1–107 and resentatives of the United States of America in electronic signature technologies for their 1–206, Article 2, and Article 2A. Congress assembled, transactions; and (2) Premarital agreements, marriage, adop- SECTION 1. SHORT TITLE. (5) to promote the development of a con- tion, divorce or other matters of family law. This Act may be cited as the ‘‘Millennium sistent national legal infrastructure nec- (3) Documents of title which are filed of Digital Commerce Act’’. essary to support electronic commerce at the record with a governmental unit until such SEC. 2. FINDINGS. Federal and State levels within existing time that a State or subdivision thereof The Congress makes the following findings: areas of jurisdiction. chooses to accept filings electronically. (1) The growth of electronic commerce and SEC. 4. DEFINITIONS. (4) Residential landlord-tenant relation- electronic government transactions rep- In this Act: ships. resent a powerful force for economic growth, (1) ELECTRONIC.—The term ‘‘electronic’’ (5) The Uniform Health-Care Decisions Act consumer choice, improved civic participa- means relating to technology having elec- as in effect in a State. tion and wealth creation. trical, digital, magnetic, wireless, optical, (e) ELECTRONIC AGENTS.—A contract relat- (2) The promotion of growth in private sec- electromagnetic, or similar capabilities. ing to a commercial transaction affecting tor electronic commerce through Federal (2) ELECTRONIC AGENT.—The term ‘‘elec- interstate commerce may not be denied legal legislation is in the national interest be- tronic agent’’ means a computer program or effect or enforceability solely because its cause that market is globally important to an electronic or other automated means used formation involved— the United States. to initiate an action or respond to electronic (1) the interaction of electronic agents of (3) A consistent legal foundation, across records or performances in whole or in part the parties; or multiple jurisdictions, for electronic com- without review by an individual at the time (2) the interaction of an electronic agent of merce will promote the growth of such trans- of the action or response. a party and an individual who acts on that actions, and that such a foundation should (3) ELECTRONIC RECORD.—The term ‘‘elec- individual’s own behalf or as an agent for an- be based upon a simple, technology neutral, tronic record’’ means a record created, gen- other person. nonregulatory, and market-based approach. erated, sent, communicated, received, or (f) INSURANCE.—It is the specific intent of (4) The Nation and the world stand at the stored by electronic means. the Congress that this section apply to the beginning of a large scale transition to an in- (4) ELECTRONIC SIGNATURE.—The term business of insurance. formation society which will require innova- ‘‘electronic signature’’ means an electronic (g) APPLICATION IN UETA STATES.—This tive legal and policy approaches, and there- sound, symbol, or process attached to or section does not apply in any State in which fore, States can serve the national interest logically associated with a record and exe- the Uniform Electronic Transactions Act is by continuing their proven role as labora- cuted or adopted by a person with the intent in effect. tories of innovation for quickly evolving to sign the record. SEC. 6. PRINCIPLES GOVERNING THE USE OF areas of public policy, provided that States (5) GOVERNMENTAL AGENCY.—The term ELECTRONIC SIGNATURES IN INTER- also adopt a consistent, reasonable national ‘‘governmental agency’’ means an executive, NATIONAL TRANSACTIONS. baseline to eliminate obsolete barriers to legislative, or judicial agency, department, To the extent practicable, the Federal Gov- electronic commerce such as undue paper board, commission, authority, or institution ernment shall observe the following prin- and pen requirements, and further, that any of the Federal Government or of a State or ciples in an international context to enable such innovation should not unduly burden of any county, municipality, or other polit- commercial electronic transaction: inter-jurisdictional commerce. ical subdivision of a State. (1) Remove paper-based obstacles to elec- (5) To the extent State laws or regulations (6) RECORD.—The term ‘‘record’’ means in- tronic transactions by adopting relevant do not provide a consistent, reasonable na- formation that is inscribed on a tangible me- principles from the Model Law on Electronic tional baseline or in fact create an undue dium or that is stored in an electronic or Commerce adopted in 1996 by the United Na- burden to interstate commerce in the impor- other medium and is retrievable in per- tions Commission on International Trade tant burgeoning area of electronic com- ceivable form. Law. merce, the national interest is best served by (7) TRANSACTION.—The term ‘‘transaction’’ (2) Permit parties to a transaction to de- Federal preemption to the extent necessary means an action or set of actions relating to termine the appropriate authentication to provide such consistent, reasonable na- the conduct of commerce, between 2 or more technologies and implementation models for tional baseline or eliminate said burden, but persons, neither of which is the United their transactions, with assurance that those

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.080 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H487

technologies and implementation models TITLE I—VALIDITY OF ELECTRONIC (c) RETENTION OF CONTRACTS, AGREEMENTS, will be recognized and enforced. RECORDS AND SIGNATURES FOR COM- AND RECORDS.— (3) Permit parties to a transaction to have MERCE (1) ACCURACY AND ACCESSIBILITY.—If a stat- the opportunity to prove in court or other SEC. 101. GENERAL RULE OF VALIDITY. ute, regulation, or other rule of law requires proceedings that their authentication ap- (a) GENERAL RULE.—With respect to any that a contract, agreement, or record be in proaches and their transactions are valid. contract, agreement, or record entered into writing or be retained, that requirement is (4) Take a nondiscriminatory approach to or provided in, or affecting, interstate or for- met by retaining an electronic record of the electronic signatures and authentication eign commerce, notwithstanding any stat- information in the contract, agreement, or methods from other jurisdictions. ute, regulation, or other rule of law, the record that— (A) accurately reflects the information set SEC. 7. STUDY OF LEGAL AND REGULATORY BAR- legal effect, validity, or enforceability of RIERS TO ELECTRONIC COMMERCE. such contract, agreement, or record shall not forth in the contract, agreement, or record be denied— after it was first generated in its final form (a) BARRIERS.—Each Federal agency shall, as an electronic record; and not later than 6 months after the date of en- (1) on the ground that the contract, agree- (B) remains accessible, for the period re- actment of this Act, provide a report to the ment, or record is not in writing if the con- quired by such statute, regulation, or rule of Director of the Office of Management and tract, agreement, or record is an electronic law, for later reference, transmission, and Budget and the Secretary of Commerce iden- record; or printing. tifying any provision of law administered by (2) on the ground that the contract, agree- ment, or record is not signed or is not af- (2) EXCEPTION.—A requirement to retain a such agency, or any regulations issued by firmed by a signature if the contract, agree- contract, agreement, or record in accordance such agency and in effect on the date of en- ment, or record is signed or affirmed by an with paragraph (1) does not apply to any in- actment of this Act, that may impose a bar- electronic signature. formation whose sole purpose is to enable rier to electronic transactions, or otherwise (b) AUTONOMY OF PARTIES IN COMMERCE.— the contract, agreement, or record to be to the conduct of commerce online or by (1) IN GENERAL.—With respect to any con- sent, communicated, or received. electronic means, including barriers imposed tract, agreement, or record entered into or (3) ORIGINALS.—If a statute, regulation, or by a law or regulation directly or indirectly provided in, or affecting, interstate or for- other rule of law requires a contract, agree- requiring that signatures, or records of eign commerce— ment, or record to be provided, available, or transactions, be accomplished or retained in (A) the parties to such contract, agree- retained in its original form, or provides con- other than electronic form. In its report, ment, or record may establish procedures or sequences if the contract, agreement, or each agency shall identify the barriers requirements regarding the use and accept- record is not provided, available, or retained among those identified whose removal would ance of electronic records and electronic sig- in its original form, that statute, regulation, require legislative action, and shall indicate natures acceptable to such parties; or rule of law is satisfied by an electronic agency plans to undertake regulatory action (B) the legal effect, validity, or enforce- record that complies with paragraph (1). to remove such barriers among those identi- ability of such contract, agreement, or (4) CHECKS.—If a statute, regulation, or fied as are caused by regulations issued by record shall not be denied because of the other rule of law requires the retention of a the agency. type or method of electronic record or elec- check, that requirement is satisfied by re- (b) REPORT TO CONGRESS.—The Secretary of tronic signature selected by the parties in tention of an electronic record of all the in- Commerce, in consultation with the Director establishing such procedures or require- formation on the front and back of the check of the Office of Management and Budget, ments; and in accordance with paragraph (1). shall, within 18 months after the date of en- (C) nothing in this section requires any (d) ABILITY TO CONTEST SIGNATURES AND actment of this Act, and after the consulta- party to use or accept electronic records or CHARGES.—Nothing in this section shall be tion required by subsection (c) of this sec- electronic signatures. construed to limit or otherwise affect the tion, report to the Congress concerning— (2) CONSENT TO ELECTRONIC RECORDS.—Not- rights of any person to assert that an elec- (1) legislation needed to remove barriers to withstanding subsection (a) and paragraph tronic signature is a forgery, is used without electronic transactions or otherwise to the (1) of this subsection— authority, or otherwise is invalid for reasons conduct of commerce online or by electronic (A) if a statute, regulation, or other rule of that would invalidate the effect of a signa- means; and law requires that a record be provided or ture in written form. The use or acceptance (2) actions being taken by the Executive made available to a consumer in writing, of an electronic record or electronic signa- Branch and individual Federal agencies to that requirement shall be satisfied by an ture by a consumer shall not constitute a remove such barriers as are caused by agen- electronic record if— waiver of any substantive protections af- cy regulations or policies. (i) the consumer has affirmatively con- forded consumers under the Consumer Credit Protection Act. (c) CONSULTATION.—In preparing the report sented, by means of a consent that is con- (e) SCOPE.—This Act is intended to clarify required by this section, the Secretary of spicuous and visually separate from other terms, to the provision or availability the legal status of electronic records and Commerce shall consult with the General electronic signatures in the context of writ- Services Administration, the National Ar- (whichever is required) of such record (or identified groups of records that include such ing and signing requirements imposed by chives and Records Administration, and the law. Nothing in this Act affects the content Attorney General concerning matters involv- record) as an electronic record, and has not withdrawn such consent; or timing of any disclosure required to be ing the authenticity of records, their storage provided to any consumer under any statute, (ii) prior to consenting, the consumer is and retention, and their usability for law en- regulation, or other rule of law. forcement purposes. provided with a statement of the hardware and software requirements for access to and SEC. 102. AUTHORITY TO ALTER OR SUPERSEDE (d) INCLUDE FINDINGS IF NO RECOMMENDA- GENERAL RULE. retention of electronic records; and TIONS.—If the report required by this section (a) PROCEDURE TO ALTER OR SUPERSEDE.— (iii) the consumer affirmatively acknowl- omits recommendations for actions needed Except as provided in subsection (b), a State edges, by means of an acknowledgement that to fully remove identified barriers to elec- statute, regulation, or other rule of law may tronic transactions or to online or electronic is conspicuous and visually separate from modify, limit, or supersede the provisions of commerce, it shall include a finding or find- other terms, that— section 101 if such statute, regulation, or ings, including substantial reasons therefor, (I) the consumer has an obligation to no- rule of law— that such removal is impracticable or would tify the provider of electronic records of any (1)(A) constitutes an enactment or adop- be inconsistent with the implementation or change in the consumer’s electronic mail ad- tion of the Uniform Electronic Transactions enforcement of applicable laws. dress or other location to which the elec- Act as reported to the State legislatures by tronic records may be provided; and the National Conference of Commissioners MOTION OFFERED BY MR. BLILEY (II) if the consumer withdraws consent, the on Uniform State Laws; or Mr. BLILEY. Mr. Speaker, I offer a consumer has the obligation to notify the (B) specifies the alternative procedures or motion. provider to notify the provider of electronic requirements for the use or acceptance (or The Clerk read as follows: records of the electronic mail address or both) of electronic records or electronic sig- other location to which the records may be natures to establish the legal effect, valid- Mr. BLILEY moves to strike all after the provided; and ity, or enforceability of contracts, agree- enacting clause of S. 761 and insert in lieu (B) the record is capable of review, reten- ments, or records; and thereof the text of H.R. 1714, as passed by the tion, and printing by the recipient if (2) if enacted or adopted after the date of House, as follows: accessed using the hardware and software the enactment of this Act, makes specific H.R. 1714 specified in the statement under subpara- reference to this Act. graph (A)(ii) at the time of the consumer’s Be it enacted by the Senate and House of Rep- (b) LIMITATIONS ON ALTERATION OR SUPER- consent; and resentatives of the United States of America in SESSION.—A State statute, regulation, or (C) if such statute, regulation, or other Congress assembled, other rule of law (including an insurance rule of law requires that a record be re- statute, regulation, or other rule of law), re- SECTION 1. SHORT TITLE. tained, that requirement shall be satisfied if gardless of its date of the enactment or adop- This Act may be cited as the ‘‘Electronic such record complies with the requirements tion, that modifies, limits, or supersedes sec- Signatures in Global and National Com- of subparagraphs (A) and (B) of subsection tion 101 shall not be effective to the extent merce Act’’. (c)(1). that such statute, regulation, or rule—

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.018 pfrm13 PsN: H16PT1 H488 CONGRESSIONAL RECORD — HOUSE February 16, 2000 (1) discriminates in favor of or against a of such inquiry by the conclusion of such 5- (C) identify the degree to which other na- specific technology, process, or technique of year period. tions and international organizations are creating, storing, generating, receiving, (c) ADDITIONAL STUDY OF DELIVERY.—With- complying with the principles in subsection communicating, or authenticating electronic in 18 months after the date of the enactment (b)(2). records or electronic signatures; of this Act, the Secretary of Commerce shall (2) SUBMISSION.—The Secretary shall sub- (2) discriminates in favor of or against a conduct an inquiry regarding the effective- mit a report to the Congress regarding the specific type or size of entity engaged in the ness of the delivery of electronic records to results of each such inquiry within 90 days business of facilitating the use of electronic consumers using electronic mail as com- after the conclusion of such inquiry. Such re- records or electronic signatures; pared with delivery of written records via port shall include a description of the ac- (3) is based on procedures or requirements the United States Postal Service and private tions taken by the Secretary pursuant to that are not specific or that are not publicly express mail services. The Secretary shall subsection (b) of this section. available; or submit a report to the Congress regarding (4) is otherwise inconsistent with the pro- the results of such inquiry by the conclusion (b) PROMOTION OF ELECTRONIC SIGNA- visions of this title. of such 18-month period. TURES.— (c) EXCEPTION.—Notwithstanding sub- SEC. 105. DEFINITIONS. (1) REQUIRED ACTIONS.—The Secretary of section (b), a State may, by statute, regula- For purposes of this title: Commerce, acting through the Assistant tion, or rule of law enacted or adopted after (1) ELECTRONIC RECORD.—The term ‘‘elec- Secretary for Communications and Informa- the date of the enactment of this Act, re- tronic record’’ means a writing, document, tion, shall promote the acceptance and use, quire specific notices to be provided or made or other record created, stored, generated, on an international basis, of electronic sig- available in writing if such notices are nec- received, or communicated by electronic natures in accordance with the principles essary for the protection of the public health means. specified in paragraph (2) and in a manner or safety of consumers. A consumer may not, (2) ELECTRONIC SIGNATURE.—The term consistent with section 101 of this Act. The pursuant to section 101(b)(2), consent to the ‘‘electronic signature’’ means information or Secretary of Commerce shall take all actions provision or availability of such notice sole- data in electronic form, attached to or logi- necessary in a manner consistent with such ly as an electronic record. cally associated with an electronic record, principles to eliminate or reduce, to the SEC. 103. SPECIFIC EXCLUSIONS. and executed or adopted by a person or an maximum extent possible, the impediments (a) EXCEPTED REQUIREMENTS.—The provi- electronic agent of a person, with the intent to commerce in electronic signatures, in- sions of section 101 shall not apply to a con- to sign a contract, agreement, or record. cluding those identified in the inquiries tract, agreement, or record to the extent it (3) ELECTRONIC.—The term ‘‘electronic’’ under subsection (a) for the purpose of facili- is governed by— means of or relating to technology having tating the development of interstate and for- (1) a statute, regulation, or other rule of electrical, digital, magnetic, optical, electro- eign commerce. law governing the creation and execution of magnetic, or similar capabilities regardless (2) PRINCIPLES.—The principles specified in wills, codicils, or testamentary trusts; of medium. this paragraph are the following: (2) a statute, regulation, or other rule of (4) ELECTRONIC AGENT.—The term ‘‘elec- (A) Free markets and self-regulation, rath- law governing adoption, divorce, or other tronic agent’’ means a computer program or er than Government standard-setting or matters of family law; an electronic or other automated means used rules, should govern the development and (3) the Uniform Commercial Code, as in ef- independently to initiate an action or re- use of electronic records and electronic sig- fect in any State, other than sections 1–107 spond to electronic records in whole or in natures. and 1–206 and Articles 2 and 2A; part without review by an individual at the (B) Neutrality and nondiscrimination (4) any requirement by a Federal regu- time of the action or response. should be observed among providers of and latory agency or self-regulatory organization (5) RECORD.—The term ‘‘record’’ means in- technologies for electronic records and elec- that records be filed or maintained in a spec- formation that is inscribed on a tangible me- tronic signatures. ified standard or standards (including a spec- dium or that is stored in an electronic or (C) Parties to a transaction should be per- ified format or formats), except that nothing other medium and is retrievable in per- mitted to establish requirements regarding ceivable form. in this paragraph relieves any Federal regu- the use of electronic records and electronic (6) FEDERAL REGULATORY AGENCY.—The latory agency of its obligations under the signatures acceptable to such parties. term ‘‘Federal regulatory agency’ means an Government Paperwork Elimination Act (D) Parties to a transaction— (title XVII of Public Law 105–277); agency, as that term is defined in section (i) should be permitted to determine the (5) the Uniform Anatomical Gift Act; or 552(f) of title 5, United States Code, that is appropriate authentication technologies and (6) the Uniform Health-Care Decisions Act. authorized by Federal law to impose require- implementation models for their trans- (b) ADDITIONAL EXCEPTIONS.—The provi- ments by rule, regulation, order, or other actions, with assurance that those tech- sions of section 101 shall not apply to— legal instrument. nologies and implementation models will be (1) any contract, agreement, or record en- (7) SELF-REGULATORY ORGANIZATION.—The recognized and enforced; and tered into between a party and a State agen- term ‘‘self-regulatory organization’’ means (ii) should have the opportunity to prove in cy if the State agency is not acting as a mar- an organization or entity that is not a Fed- ket participant in or affecting interstate eral regulatory agency or a State, but that is court or other proceedings that their authen- commerce; under the supervision of a Federal regu- tication approaches and their transactions (2) court orders or notices, or official court latory agency and is authorized under Fed- are valid. documents (including briefs, pleadings, and eral law to adopt and administer rules appli- (E) Electronic records and electronic sig- other writings) required to be executed in cable to its members that are enforced by natures in a form acceptable to the parties connection with court proceedings; or such organization or entity, by a Federal should not be denied legal effect, validity, or (3) any notice concerning— regulatory agency, or by another self-regu- enforceability on the ground that they are (A) the cancellation or termination of util- latory organization. not in writing. (F) De jure or de facto imposition of stand- ity services (including water, heat, and TITLE II—DEVELOPMENT AND ADOPTION ards on private industry through foreign power); OF ELECTRONIC SIGNATURE PRODUCTS adoption of regulations or policies with re- (B) default, acceleration, repossession, AND SERVICES foreclosure, or eviction, or the right to cure, spect to electronic records and electronic SEC. 201. TREATMENT OF ELECTRONIC SIGNA- signatures should be avoided. under a credit agreement secured by, or a TURES IN INTERSTATE AND FOR- rental agreement for, a primary residence of EIGN COMMERCE. (G) Paper-based obstacles to electronic transactions should be removed. an individual; or (a) INQUIRY REGARDING IMPEDIMENTS TO (C) the cancellation or termination of COMMERCE.— (c) CONSULTATION.—In conducting the ac- health insurance or benefits or life insurance (1) INQUIRIES REQUIRED.—Within 180 days tivities required by this section, the Sec- benefits (excluding annuities). after the date of the enactment of this Act, retary shall consult with users and providers SEC. 104. STUDY. and biennially thereafter, the Secretary of of electronic signature products and services (a) FOLLOWUP STUDY.—Within 5 years after Commerce, acting through the Assistant and other interested persons. the date of the enactment of this Act, the Secretary for Communications and Informa- Secretary of Commerce, acting through the tion, shall complete an inquiry to— (d) PRIVACY.—Nothing in this section shall Assistant Secretary for Communications and (A) identify any domestic and foreign im- be construed to require the Secretary or the Information, shall conduct an inquiry re- pediments to commerce in electronic signa- Assistant Secretary to take any action that garding any State statutes, regulations, or ture products and services and the manners would adversely affect the privacy of con- other rules of law enacted or adopted after in which and extent to which such impedi- sumers. such date of the enactment pursuant to sec- ments inhibit the development of interstate tion 102(a), and the extent to which such and foreign commerce; (e) DEFINITIONS.—As used in this section, statutes, regulations, and rules comply with (B) identify constraints imposed by foreign the terms ‘‘electronic record’’ and ‘‘elec- section 102(b). nations or international organizations that tronic signature’’ have the meanings pro- (b) REPORT.—The Secretary shall submit a constitute barriers to providers of electronic vided in section 104 of the Electronic Signa- report to the Congress regarding the results signature products or services; and tures in Global and National Commerce Act.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.024 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H489 TITLE III—USE OF ELECTRONIC RECORDS stocks be manually signed, and may require There was no objection. AND SIGNATURES UNDER FEDERAL SE- such manual signatures with respect to f CURITIES LAW transactions in similar securities if the Com- SEC. 301. GENERAL VALIDITY OF ELECTRONIC mission determines that such securities are REMOVAL OF NAME OF MEMBER RECORDS AND SIGNATURES. susceptible to fraud and that such fraud AS COSPONSOR OF H.R. 3896 would be deterred or prevented by requiring Section 3 of the Securities Exchange Act of Mr. HOBSON. Mr. Speaker, I ask 1934 (15 U.S.C. 78c) is amended by adding at manual signatures. the end the following new subsection: ‘‘(4) RELATION TO OTHER LAW.—The provi- unanimous consent to remove my ‘‘(h) REFERENCES TO WRITTEN RECORDS AND sions of this subsection apply in lieu of the name as a cosponsor of H.R. 3896. SIGNATURES.— provisions of title I of the Electronic Signa- The SPEAKER pro tempore. Is there ‘‘(1) GENERAL VALIDITY OF ELECTRONIC tures in Global and National Commerce Act objection to the request of the gen- RECORDS AND SIGNATURES.—Except as other- to a contract, agreement, or record (as de- tleman from Ohio? wise provided in this subsection— fined in subsection (a)(37)) that is required There was no objection. ‘‘(A) if a contract, agreement, or record (as by the securities laws. f defined in subsection (a)(37)) is required by ‘‘(5) SAVINGS PROVISION.—Nothing in this the securities laws or any rule or regulation subsection applies to any rule or regulation AUTHORIZING SPEAKER, MAJOR- thereunder (including a rule or regulation of under the securities laws (including a rule or regulation of a self-regulatory organization) ITY LEADER, AND MINORITY a self-regulatory organization), and is re- LEADER TO ACCEPT RESIGNA- quired by Federal or State statute, regula- that is in effect on the date of the enactment tion, or other rule of law to be in writing, of the Electronic Signatures in Global and TIONS AND MAKE APPOINT- the legal effect, validity, or enforceability of National Commerce Act and that requires a MENTS NOTWITHSTANDING AD- such contract, agreement, or record shall not contract, agreement, or record to be in writ- JOURNMENT be denied on the ground that the contract, ing, to be submitted or retained in original form, or to be in a specified standard or Mr. FOLEY. Mr. Speaker, I ask unan- agreement, or record is not in writing if the imous consent that notwithstanding contract, agreement, or record is an elec- standards (including a specified format or tronic record; formats). any adjournment of the House until ‘‘(B) if a contract, agreement, or record is ‘‘(6) DEFINITIONS.—As used in this sub- Tuesday, February 29, 2000, the Speak- required by the securities laws or any rule or section: er, majority leader, and minority lead- regulation thereunder (including a rule or ‘‘(A) ELECTRONIC RECORD.—The term ‘elec- er be authorized to accept resignations regulation of a self-regulatory organization), tronic record’ means a writing, document, or and to make appointments authorized and is required by Federal or State statute, other record created, stored, generated, re- by law or by the House. regulation, or other rule of law to be signed, ceived, or communicated by electronic means. The SPEAKER pro tempore. Is there the legal effect, validity, or enforceability of objection to the request of the gen- such contract, agreement, or record shall not ‘‘(B) ELECTRONIC SIGNATURE.—The term be denied on the ground that such contract, ‘‘electronic signature’’ means information or tleman from Florida? agreement, or record is not signed or is not data in electronic form, attached to or logi- There was no objection. affirmed by a signature if the contract, cally associated with an electronic record, f agreement, or record is signed or affirmed by and executed or adopted by a person or an an electronic signature; and electronic agent of a person, with the intent DISPENSING WITH CALENDAR ‘‘(C) if a broker, dealer, transfer agent, in- to sign a contract, agreement, or record. WEDNESDAY BUSINESS ON vestment adviser, or investment company ‘‘(C) ELECTRONIC.—The term ‘electronic’ WEDNESDAY, MARCH 1, 2000 means of or relating to technology having enters into a contract or agreement with, or Mr. FOLEY. Mr. Speaker, I ask unan- accepts a record from, a customer or other electrical, digital, magnetic, optical, electro- counterparty, such broker, dealer, transfer magnetic, or similar capabilities regardless imous consent that the business in agent, investment adviser, or investment of medium.’’. order under the Calendar Wednesday company may accept and rely upon an elec- The motion was agreed to. rule be dispensed with on Wednesday, tronic signature on such contract, agree- The Senate bill was ordered to be March 1, 2000. ment, or record, and such electronic signa- read a third time, was read the third The SPEAKER pro tempore. Is there ture shall not be denied legal effect, validity, time, and passed. objection to the request of the gen- or enforceability because it is an electronic The title of the Senate bill was tleman from Florida? signature. amended so as to read: ‘‘To facilitate There was no objection. ‘‘(2) IMPLEMENTATION.— ‘‘(A) REGULATIONS.—The Commission may the use of electronic records and signa- f tures in interstate or foreign com- prescribe such regulations as may be nec- APPOINTMENT OF HON. CON- essary to carry out this subsection con- merce.’’. sistent with the public interest and the pro- A motion to reconsider was laid on STANCE A. MORELLA TO ACT AS tection of investors. the table. SPEAKER PRO TEMPORE TO ‘‘(B) NONDISCRIMINATION.—The regulations APPOINTMENT OF CONFEREES SIGN ENROLLED BILLS AND prescribed by the Commission under sub- Mr. BLILEY. Mr. Speaker, I ask JOINT RESOLUTIONS THROUGH paragraph (A) shall not— unanimous consent that the House in- FEBRUARY 29, 2000 ‘‘(i) discriminate in favor of or against a specific technology, method, or technique of sist on its amendment to S. 761 and re- The SPEAKER pro tempore laid be- creating, storing, generating, receiving, quest a conference with the Senate fore the House the following commu- communicating, or authenticating electronic thereon. nication from the Speaker: records or electronic signatures; or The SPEAKER pro tempore. Is there WASHINGTON, DC, ‘‘(ii) discriminate in favor of or against a objection to the request of the gen- February 16, 2000. specific type or size of entity engaged in the tleman from Virginia? The Chair hears I hereby appoint the Honorable CONSTANCE business of facilitating the use of electronic none, and without objection appoints A. MORELLA to act as Speaker pro tempore records or electronic signatures. the following conferees on S. 761: to sign enrolled bills and joint resolutions ‘‘(3) EXCEPTIONS.—Notwithstanding any Messrs. BLILEY, TAUZIN, OXLEY, DIN- through February 29, 2000. other provision of this subsection— J. DENNIS HASTERT, GELL, and MARKEY. ‘‘(A) the Commission, an appropriate regu- Speaker of the House of Representatives. There was no objection. latory agency, or a self-regulatory organiza- The SPEAKER pro tempore. Without tion may require that records be filed or f objection, the appointment is agreed maintained in a specified standard or stand- GENERAL LEAVE ards (including a specified format or for- to. mats) if the records are required to be sub- Mr. BLILEY. Mr. Speaker, I ask There was no objection. mitted to the Commission, an appropriate unanimous consent that all Members f regulatory agency, or a self-regulatory orga- may have 5 legislative days within nization, respectively, or are required by the which to revise and extend their re- APPOINTMENT OF MEMBER TO Commission, an appropriate regulatory marks and include therein extraneous CANADA-UNITED STATES INTER- agency, or a self-regulatory organization to PARLIAMENTARY GROUP be retained; and material on S. 761 and H.R. 1714, the ‘‘(B) the Commission may require that con- bills just passed. The SPEAKER pro tempore. Without tracts, agreements, or records relating to The SPEAKER pro tempore. Is there objection, and pursuant to the provi- purchases and sales, or establishing accounts objection to the request of the gen- sions of 22 U.S.C. 276d, the Chair an- for conducting purchases and sales, of penny tleman from Virginia? nounces the Speaker’s appointment of

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.024 pfrm13 PsN: H16PT1 H490 CONGRESSIONAL RECORD — HOUSE February 16, 2000 the following Member of the House to to coach and rally her girls from the side- decides to marry, when they file their the Canada-United States Inter- lines. Through her relentless love of players taxes, they file jointly. When they file parliamentary Group: and the game, she won the respect and con- their taxes jointly, their combined in- fidence of everyone. On April 17, 1999, exactly Mr. HOUGHTON of New York, Chairman. 30 years to the day after the death of her fa- come usually pushes them into a high- There was no objection. ther, Linda succumbed to the attack of the er tax bracket. f cancer after a gallant fight. Her funeral was Let me introduce Shad and Michele attended by hundreds of family and friends, Hallihan, two public school teachers IN MEMORY OF LINDA including her beloved girls from the softball from Joliet, Illinois. Shad and Michele ASCHENBACH-HACKMANN team who decorated her casket with the win- have been married almost 2 years now. ning ball autographed by the players. They just had a baby, a wonderful (Mr. GILCHREST asked and was Linda will always be remembered for her given permission to address the House sportsmanship and ability to teach the fun- young couple; but they suffer almost for 1 minute and to revise and extend damental rules and skills of the successful the average marriage tax penalty. his remarks.) ball player. Her enthusiastic personality was Now, Shad and Michele have a com- Mr. GILCHREST. Mr. Speaker, this complimented by the natural patience she bined income of about $62,000. Suppose morning I rise publicly to honor the shared with the youth. After her death and that they have an equal income, each memory of a true hero, a woman who in her memory for so many accomplish- making $31,000. Michele here, if she ments, Northeast High School paid special gave her time, patience, experience, stayed single, would be in the 15 per- tribute to Linda at the highest possible cent tax bracket; but because she and knowledge, and love to the young standard. They immediately offered in her adults at Northeast High School in my honor an annual scholarship to be given to a Shad married, their combined income district. In 1996, Linda Aschenbach- qualified athletic student. The criteria for of $62,000 pushes them into the 28 per- Hackmann, a former student and out- this award required that the recipient con- cent tax bracket, creating well over al- standing athlete, stepped in to fill a tinually demonstrate the same community most the average marriage tax penalty coaching vacancy for the girls’ softball and leadership qualities toward others as of $1,400. they seek to further their own education and We want to help couples like Shad team. Her impact was immediate, lead- career. ing the team to the State finals during and Michele. Michele pointed out to me f the next 2 years. that the average marriage tax penalty In late 1998, sadly, Linda was strick- SPECIAL ORDERS would buy almost 4,000 diapers for their newborn baby. en with lymphoma cancer, confining The SPEAKER pro tempore. Under Should not those couples like her to the hospital with continuous the Speaker’s announced policy of Jan- Michele and Shad be allowed to keep painful treatments. Still, she managed uary 6, 1999, and under a previous order money, keep their hard-earned salary, to coach the team from her hospital of the House, the following Members their hard-earned income, rather than bed and rally them from the sidelines. will be recognized for 5 minutes each. paying a tax just because they are mar- When Linda passed away in April 1999, f her funeral was attended by hundreds ried? of families and friends, including her ELIMINATION OF THE MARRIAGE We are working to address that, and beloved girls from the softball team TAX PENALTY I was so pleased that this House of Rep- that decorated her casket with the The SPEAKER pro tempore. Under a resentatives overwhelmingly sup- winning ball autographed by the play- previous order of the House, the gen- ported, with a bipartisan vote, 268 ers, for that year the girls won the tleman from Illinois (Mr. WELLER) is Members of the House endorsed wiping State championship. recognized for 5 minutes. out the marriage tax penalty in order Mr. Speaker, there can be no greater Mr. WELLER. Mr. Speaker, I want to to help couples such as Michele and sacrifice for children today than giving take a few minutes to just talk about Shad Hallihan. our love and our patience and our time. a very fundamental issue, a funda- H.R. 6, the Marriage Tax Elimination She is a true hero. I want to thank mental issue of importance to 50 mil- Act, passed this House as a stand-alone Capitol Hill Police Officer Dave Pen- lion American taxpayers, 50 million bill and addresses one issue, the need dleton and Linda’s brother Gary for middle-class working Americans. I to wipe out the marriage tax penalty bringing this to our attention. have often been asked, whether I am at for 25 million married working couples. Mr. Speaker, I include for the the steel workers hall in Hegwish in If we look at who pays the marriage tax penalty, one half of them itemize RECORD the letter Linda’s brother sent the South Side of Chicago or the Le- to us. gion post in Joliet or a chamber of their taxes, millions of middle-class commerce or the coffee shop called families itemize because they own a IN MEMORY OF LINDA ASCHENBACH-HACKMANN Weit’s Cafe in Morris, Illinois, my home or give money to church or char- (By Gary Aschenbach) hometown, or the local grain elevator, ity, have education expenses. Well, we As a result of a sudden, unscheduled a pretty fundamental question; and wipe out the marriage tax penalty for change in staff at Northeast High School, that question is, is it right, is it fair, those who itemize their taxes by wid- the girls Junior Varsity softball team was that under our Tax Code 25 million ening the 15 percent tax bracket so left without a coach. Anxious to fill that po- that joint filers can earn twice as much sition, a search was initiated to immediately married working couples on average locate an interested and qualified person. On pay $1,400 more in higher taxes just be- as single filers and stay in the 15 per- the overwhelming recommendation of col- cause they are married? cent tax bracket. That will help Shad leagues, Mrs. Linda Aschenbach-Hackmann, Folks back home just do not under- and Michele Hallihan. a former student of Northeast High and star stand why for almost 30 years we have For those who do not itemize, we athlete, was sought to fill the position. had a marriage tax penalty, which the double the standard deduction, helping Linda accepted the position and began her average is $1,400 each for 25 million those who do not itemize by doubling coaching career at Northeast in 1996, where married working couples. In the south the standard deduction to be twice that in the first and second year she successfully of single people. We also help the work- led the team to compete in the state finals. suburbs in the South Side of Chicago, In 1999, they triumphed to not only compete $1,400 is real money. It is a year’s tui- ing poor, those who participate in the in the finals, but progressed to win the JV tion at a local community college for a earned income credit, by addressing County Championship with an 18-0 record. nursing student. It is 3 months of day the income eligibility, eliminating the The team’s achievement had not accom- care. It is a washer and a dryer. It is marriage penalty for the working poor plished in over a decade at Northeast High 4,000 diapers for a child. as well. School. Mr. Speaker, we need to address the Mr. Speaker, it is a good bill. It helps Without warning, in late 1998 Linda was issue of fairness. We need to address those who itemize. It helps those who suddenly stricken with Lymphoma cancer the issue to wipe out the marriage tax do not itemize. The primary bene- that eventually confined her to hospital care ficiaries are those with incomes be- undergoing continuous, painful treatment. penalty suffered by 50 million married Still, she kept a watchful eye on the excel- working people. It is an issue of fair- tween $30,000 and $75,000, those who suf- lent progress of her talented softball team. ness. fer the marriage tax penalty the most. She received daily updates and visits from Here is how it works: what causes the We do not raise taxes on anyone. We fellow coaches and players as she continued marriage tax penalty is when a couple wipe out the marriage tax penalty. We

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.085 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H491 help stay-at-home moms. We help this special bill is the Speaker of this committee, next week and then onto those who are homeowners. House, the gentleman from Illinois the floor. Mr. Speaker, eliminating the mar- (Mr. HASTERT). So, first and foremost, we have had, riage tax penalty is a fundamental They say success has many parents at least on the House floor, elimination issue of fairness, and that is what it is and failure is an orphan. Well, today of the marriage penalty as a priority. all about. Let us make our Tax Code we can call one bill that will be coming Now we are facing an opportunity to do more fair. to the Committee on Ways and Means something for seniors. And we can con- next week and hopefully quickly to the Now, this legislation, the Marriage tinue to work on these initiatives. Tax Elimination Act, H.R. 6, passed the House floor a very big success and that House with 268 votes. Every House Re- is thanks to the hard work, again, of Let us be clear. We have balanced the publican and 48 Democrats broke with the Speaker. budget. Yes, we still have a huge debt their leadership to support our effort In 1986, Mr. HASTERT, the Speaker of that we must pay, $5.7 trillion total to eliminate the marriage tax penalty. the House, introduced a bill to elimi- debt, and we are working on a plan in We have tremendous momentum, and nate the earnings penalty by our sen- fact to reduce that. The gentleman my hope is our friends in the Senate iors that basically for the ages of 65 from Illinois (Mr. HASTERT), the Speak- will follow the lead of the House, move through 69, when they continue to er; the President; virtually everybody quickly to move a stand-alone bill wip- work productively, they start losing, agrees that it is time to pay down the ing out the marriage tax penalty; not diminishing, their Social Security debt. Let us do that. Let us do that loaded up with amendments or extra- monies that come to their account. So while we have that surplus cash flow. neous riders or other poison pills. virtually in America one is penalized, We also have a chance to shore up My hope is that they will keep it a based on the Tax Code, for working Social Security and Medicare, and I clean bill and that they will move ex- past the age of 65. think that it is incumbent upon every- peditiously and as quickly as possible Clearly, all statistical data indicate one in the room to reach across party to wipe out the marriage tax penalty people are living longer, more fruitful lines and start developing a format in for couples like Michele and Shad lives. They are more productive and which Social Security and Medicare Hallihan. That is what it is all about, more engaged in society, but somehow can be reserved. fairness. Let us wipe out the marriage through the years a discriminatory po- tax penalty. Let us make the Tax Code sition of the Tax Code has said we are Finally, I am certain we will join to- more fair. We ask for bipartisan sup- going to start deducting from their gether in some form of coverage for port. earnings for every $3.00 over $17,000 medicines, health care. Medicare will f they earn they will have a one dollar provide some kind of pharmaceutical relief for those desperately in need of The SPEAKER pro tempore. Under a liability, basically losing one dollar of Social Security benefit. That is a hor- relief from the high cost of pharma- previous order of the House, the gen- ceutical and prescription drugs. tleman from Alabama (Mr. RILEY) is rendous policy. That is a terrible dis- recognized for 5 minutes. criminatory policy of the Federal Gov- These are issues I believe the Con- (Mr. RILEY addressed the House. His ernment. gress can work on without a lot of ran- remarks will appear hereafter in the Now everybody lately has been say- cor and bitterness. These are issues Extensions of Remarks.) ing, I am for that bill. The President that are fundamentally and vitally im- says he will quickly sign it. The minor- f portant for people throughout Amer- ity leader says, I am for that bill; in ica. They are programs that seniors de- The SPEAKER pro tempore. Under a fact, it was a Democratic proposal. pend on. previous order of the House, the gen- Well, let me talk about the hard tleman from New Jersey (Mr. PALLONE) work of the gentleman from Illinois I think this Congress, now as we enter the 21st century, not only has the is recognized for 5 minutes. (Mr. HASTERT) since 1986 in bringing (Mr. PALLONE addressed the House. that proposal to the floor. Obviously, it fundamental opportunity and responsi- His remarks will appear hereafter in was stymied. It was not agreed upon. It bility, but clearly now has the re- the Extensions of Remarks.) was not voted on for many, many sources to make some of these things f years. come to reality: pay down the debt, Finally, we have a chance to correct modest tax cuts for those who des- SENIORS SHOULD NOT BE PENAL- perately need them, shoring up Social IZED FOR CONTINUING TO BE what I think is a colossal inequity in the Tax Code, and that is to say to sen- Security and Medicare, and doing the PRODUCTIVE MEMBERS OF OUR kinds of things that will instill in us SOCIETY ior citizens 65 through 70, that, yes, we encourage them to continue to work; not only a national sense of pride but The SPEAKER pro tempore. Under a yes, we in fact applaud them for their also act as a model for young people. previous order of the House, the gen- continuation of working in the main- By suggesting finally that the Fed- tleman from Florida (Mr. FOLEY) is stream and, secondly, we are not going eral Government is going to pay its recognized for 5 minutes. to penalize them any longer for that debts, maybe it sinks into those who Mr. FOLEY. Mr. Speaker, as we con- productive activity. have failed to live up to their responsi- clude legislative business today, I par- b bility, recognizes the true leadership ticularly commend my colleague from 1445 that is necessary, and they in fact in Illinois (Mr. WELLER) on his fine pres- I think it is says a lot about where their own personal lives start paying entation on eliminating the marriage America is going and whether we down debts that they may owe, credit penalty, a vote we had first and fore- should value seniors and value their cards and other things that have prob- most in our Committee on Ways and input and value their expertise and ably hampered their ability for eco- Means, of which I am a proud member, value the fact that they are willing to nomic prosperity. and obviously brought to the floor with continue to work hard in the market- overwhelming success in a bipartisan place. If America is going to move forward, spirit of trying to eliminate the tax So, as I say, the gentleman from we can start embracing some of these burden on married couples throughout Florida (Mr. SHAW), the chairman of topics today. But I again urge my col- America. the Social Security Subcommittee on leagues to sign on to the elimination of Another issue we are debating and Ways and Means, the gentleman from the senior penalty, where we tax those considering and, of course, has been au- Texas (Mr. SAM JOHNSON), the gen- 65 to 69 for continuing to be productive thored by several people, the gen- tleman from Texas (Mr. ARCHER), the citizens in society. Undo this horrible tleman from Florida (Mr. SHAW), the gentleman from Illinois (Mr. HASTERT) tax, if you will, on their earning capa- gentleman from Texas (Mr. SAM JOHN- and others who have joined with us bilities. Take free the shackles from SON), the gentleman from Texas (Mr. today in this important opportunity, them and allow them to be productive, ARCHER), but really one of the people the committee will, in fact, be bringing prosperous, and successful Americans that we need to single out today on the bill to the floor, or at least to the like everyone else.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.088 pfrm13 PsN: H16PT1 H492 CONGRESSIONAL RECORD — HOUSE February 16, 2000 MISTREATMENT OF AFGHANI endure such Draconian conditions. But, concerns about the threat to Colom- WOMEN IS NOT CULTURAL—IT IS in the 21st century and the dawn of the bia’s democracy and development from CRIMINAL century, it is the sad truth. narcotics traffickers, rebel forces, and The SPEAKER pro tempore. Under a Violations of the Taliban code brings paramilitary groups. And I am sure ev- previous order of the House, the gen- swift, brutal punishment from the reli- eryone in this Congress supports Presi- tleman from Maryland (Mr. HOYER) is gious police, known as the Ministry for dent Pastrana and the peace process in recognized for 5 minutes. the Promotion of Virtues and Suppres- Colombia. These issues are not in ques- Mr. HOYER. Mr. Speaker, I rise to sion of Vice. tion. What a warped understanding of vir- speak about an item that ought to out- What I do question is whether the tues the Taliban has. Women have been rage not only everybody on this floor proposed aid package for Colombia is beaten on the street for showing an but everybody throughout the world. the right aid program and the right inch of ankle below the Barca or for The plight of Afghani women is des- policy for Colombia. I do question perate. So desperate, in fact, that at wearing shoes that make sounds while walking. One woman reportedly was whether the aid under consideration least half of the passengers on a re- will meet either the counternarcotics cently hijacked Afghani airliner have shot for appearing in public while tak- ing her sick child to a doctor. What a objective, let alone further the peace now sought political asylum in Eng- process. land. So desperate that English au- warped sense of virtue these Taliban Our current policy, which has al- thorities continue to investigate have. ready involved hundreds of millions of whether some of the passengers, men Other women are randomly rounded dollars in assistance to the Colombian and women, aided their captors in an up and imprisoned for no apparent jus- security forces, has not, I repeat, has effort to escape the brutal, vicious, tification. Women are frequently not reduced coca cultivation in Colom- thug-like Taliban regime in Kabul. stoned, hung, and beaten for alleged Mr. Speaker, as we enter a new cen- violations of various Taliban laws. bia, the flow of cocaine or heroin to the tury marked by hope and optimism, Some, I suppose, would argue that U.S. from Colombia, or the profits of marked by the expansion of freedom the treatment of Afghani women and drug traffickers. Why do we believe and democracy, the Taliban regime girls half a world away is none of our that more of the same is better? seems bent on dragging its citizens, business. But when basic human I also question providing substantial and in particular its women, back to dignities are stripped from so many assistance to the Colombian Armed the dark ages. In fact, it is probably and so violently, we should not, we Forces, which has a long and rotten worse than the dark ages. must not stand by silent. Indeed, we history of human rights violations, in- To be female in Afghanistan today is must express our collective outrage cluding support for paramilitary to be a target, a target for repression, and, yes, perhaps do more than that. It groups. I question a package that does a target for brutality, a target for would be, Mr. Speaker, unconscionable not address at all the problems posed for us to look away while an entire physical and emotional terror that by the paramilitary groups, which are generation of Afghani women are des- knows no peer. responsible for the majority of human perately crying out for help. As First Lady Hillary Clinton has rights crimes, the internal displace- stated, ‘‘We must all make it unmis- Mr. Speaker, I appreciate this time, but more importantly, I appreciate the ment of more than 1.5 million Colom- takably clear this terrible suffering in- bian peasants and who are more di- flicted on the women and girls in Af- fact that all of my colleagues join in expressing this outrage and reversing rectly linked to drug lords than the ghanistan is not cultural, it’s criminal. guerillas. And we must do everything in our this criminal behavior. I am pleased to I urge my colleagues to not rush con- power to stop it.’’ have the opportunity to join my col- The First Lady was absolutely cor- league, the gentlewoman from New sideration of the Colombian supple- rect. Ever since the Taliban seized York (Mrs. MALONEY), in bringing this mental. I urge my colleagues to ask power in 1996, it has enforced edicts matter, this desperate matter, to the the administration whether this is a that have destroyed basic human attention of our colleagues. counternarcotics strategy or a rights for Afghani women. f counterinsurgency strategy. According to the U.S. State Depart- SERIOUS QUESTIONS ABOUT I urge my colleagues to ask the ad- ment and human rights groups, women COLOMBIA ASSISTANCE PACKAGE ministration how long they expect the and girls are prohibited from attending United States will need to be in Colom- school. With few exceptions, women are The SPEAKER pro tempore. Under a bia to accomplish even their stated ob- prohibited from working outside the previous order of the House, the gen- jectives. home. Women and girls may not go tleman from Massachusetts (Mr. MCGOVERN) is recognized for 5 minutes. This package is for 2 years, by which outside unless they wear a head-to-toe time most of the military equipment covering called a Barca. A three-inch Mr. MCGOVERN. Mr. Speaker, the administration has recently sent to will be just arriving in Colombia. Are square opening provides the only we going to be in Colombia for just 2 means for vision. Congress a request for $1.6 billion, pri- marily in military and security assist- years, or for 4 years, or 6 years, or who Women are prohibited from appear- knows how many years? ing in public unless accompanied by a ance, to be sent to the Government of male relative. My colleagues, listen to Colombia over the next 2 years. The I challenge the administration to ex- this: Access to medical care for women majority of this assistance, namely plain how launching military oper- and girls is virtually nonexistent. $800 million to $900 million, will be ations in Colombia at a time when the Mr. Speaker, I am the father of three voted on next month as part of an FY peace negotiations are moving forward young women, three girls, and the 2000 supplemental appropriations bill. will help the peace process. grandfather of a beautiful 13-year-old These monies will supplement the $300 Mr. Speaker, we must ask these ques- granddaughter. Intolerable situations. million in mainly security assistance tions now because later may be too Women are not allowed to practice that the Congress has already approved late. medicine. And listen to this: Male doc- for Colombia for fiscal year 2000. The I will just close by again urging my tors are prohibited from viewing or remainder of the funds is requested for colleagues to carefully consider the im- touching women’s bodies. How can a fiscal year 2001. plications of this aid package. Let us woman get medical services if women The ostensible purpose of these funds not rush to judgment on this package are prohibited from practicing medi- is to cut the supply of drugs coming and do something that we will regret in cine and men are prohibited from view- out of Colombia to the United States years to come. ing or touching women? and to support Colombian President Windows in houses that have female Pastrana’s efforts to negotiate peace Mr. Speaker, I include for the occupants must be painted so that one with guerilla factions and to reform RECORD the following letter that the cannot see from the street. government institutions. gentleman from Massachusetts (Mr. It is hard to believe that any society Now, I am sure that everyone in this MOAKLEY) and I sent to Secretary in the world would force its citizens to Congress shares the administration’s Albright about these issues:

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.093 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H493 CONGRESS OF THE UNITED STATES, of Colombian military and police personnel tleman from Tennessee (Mr. DUNCAN) is Washington, DC, February 3, 2000. who are investigated, prosecuted and con- recognized for 5 minutes. MADELEINE ALBRIGHT, victed of human rights violations in both the Mr. DUNCAN. Mr. Speaker, I have Secretary of State, U.S. Department of State, civilian and military justice system. The re- said before that while our unemploy- Washington, DC. ports should include the sentences they re- DEAR SECRETARY ALBRIGHT: In the Presi- ceive and the number suspended from active ment rate is very low, our under- dent’s State of the Union Address and in the duty pending the outcome of such pro- employment is terrible. We have young media, it has been reported that the Admin- ceedings. Such Administration documenta- people with degrees or even graduate istration will submit a supplemental request tion will allow the Congress to assess the ex- degrees all over this country whose to provide as much as $600 million in tent of accountability by the Colombian highest paying employment is as a counter-narcotics assistance to Colombia, military for human rights violations. waiter or waitress in a nice restaurant. primarily assistance to the Colombian We also believe that U.S. assistance should Armed Forces. It is our understanding this is While working in a restaurant is cer- be conditioned on actions by the Colombian tainly honorable employment, it is sad but one piece of an overall $1.3 billion pack- Government to ensure that all links, at all age, primarily of military, military-related levels, between the Colombian security that so many millions now have de- and counter-narcotics assistance. forces and paramilitary groups are severed. grees or even graduate degrees and can- We share your concerns about the threat to U.S. assistance should not be provided to not find jobs in their degree fields. Colombia’s democracy and economic devel- those who aid or abet or tolerate the activi- In yesterday’s Washington Times, an opment from narcotics traffickers, rebel ties of paramilitary groups, which are most forces and paramilitary groups. However, it article said that far less than half of responsible for internally displaced people, is clear our current policy, which has al- those who have received doctorates, as well as responsible for human rights viola- ready involved hundreds of millions of dol- Ph.D.s in English or foreign languages, tions and narcotics trafficking. The capture lars in assistance to the Colombian security were able to find college teaching jobs. of paramilitary leaders would be an impor- forces, has not reduced coca cultivation in The story told of one man who re- Colombia, the flow of cocaine or heroin to tant measure of the Colombian government’s commitment to this goal. ceived a doctorate in English from the the U.S. from Colombia, or the profits of University of Colorado and who did not drug traffickers. Rather than increase fund- For Congress to be able to assess the ex- ing for a strategy that has not proven effec- tent to which the links between the military bother to apply for a job at a small col- tive and requires even larger amounts of and paramilitary groups have been severed, lege in northeast Texas after he found military assistance for the foreseeable fu- the Administration should provide periodic out that he would have been the 350th ture, we believe the U.S. and other friends of reports on the enforcement by the Colom- applicant for that job. Colombia must provide stronger support for bian National Police and the Armed Forces We now have a trade deficit of $350 diplomatic efforts to strengthen the peace of outstanding arrest warrants against para- military leaders and members, the suspen- billion. Most economists tell us that process and promote stronger economic and we lose conservatively 20,000 jobs per alternative development programs, thereby sion from active duty of military personnel creating the conditions necessary for a more credibly alleged to have aided or abetted the billion. This means we lost roughly 7 effective counter-narcotics strategy. These activities of the paramilitaries, and the pros- million jobs to other countries last objectives should not be relegated to poorly ecution in the civilian justice system of year alone. Because of weak trade deal- funded ‘‘add-ons’’ to large-scale military as- military personnel for human rights viola- ings and because environmental ex- sistance packages. tions, including murder and conspiracy to tremists do not want us to drill for any We are also concerned about providing sub- commit murder, committed in the course of oil, dig for any coal, cut any trees, or their support for paramilitary groups. stantial assistance to the Colombian Armed use our natural resources in any way at Forces, which has a long history of human As you well know, respect for human rights violations, including support for para- rights and accountability for human rights all, we are losing many of our best military groups. Our concern is compounded violations require a civilian court system highest paying jobs to other nations. by the lack of accountability in the Colom- that functions effectively. Our assistance b 1500 bian military for human rights violations should include, therefore, funds to strength- committed by military personnel. Even when en Colombia’s civilian justice system. This First this was a trickle. Now it is Colombian government prosecutors have should include reform of the rules governing happening very, very fast. We cannot abundant evidence showing that high-rank- disciplinary proceedings carried out by the base our whole economy on the tour- ing military personnel have committed seri- Colombian Government’s Office of the ism that the environmental extremists ous violations, these officers are rarely pros- Procuraduria against members of the mili- always want and always bring up un- tary and police. These reforms should also ecuted fully or punished. Recent measures by less we want millions more working at Colombia’s leaders to reform the Military include the elimination of the statute of lim- Penal Code and criminalize torture, genocide itations on crimes against humanity and the minimum wage or barely above min- and forced disappearance are important steps establishment of a policy to immediately imum-wage jobs. Also, our colleges and forward, but they are not yet final. Further, dismiss and prosecute in civilian courts any universities are doing a real disservice they do not adequately address other crimes officers found responsible for such crimes. to the young people of this country if against humanity, such as extrajudicial It is vitally important that U.S. assistance they do not start warning students killings or the continuing lack of account- to Colombia be used to support human rights that certain fields have almost no jobs ability of military tribunals. organizations and monitors, protect the se- or good job prospects; and I think they The need for accountability is critical. If curity of human rights defenders, and the U.S. does provide assistance, it should be strengthen non-governmental organizations should at least warn the young people conditioned on the rigorous application of and civil society. U.S. Embassy personnel and parents and entering freshmen the August 1997 ruling of Colombia’s Con- should also investigate reports of human should check out these things very stitutional Court, which requires that crimes rights violations in accordance with the pur- closely, because it is a very sad thing against humanity allegedly committed by poses of the Leahy provisions enacted into to sit with parents or grandparents of military personnel be investigated and tried law (Section 564, PL 106–113 and Section 8098, very fine, nice-looking young people in civilian courts. Neither the Colombian PL 106–79). who have made very good grades and military nor the Superior Judicial Council As you prepare to send to Congress your has abided by this Constitutional Court rul- proposal for increased assistance to Colom- who have received degrees, sometimes ing: they have continued to refer human bia, we hope you will seriously consider even graduate degrees and cannot find rights cases to military tribunals. We believe these important issues. As always, we look good jobs after getting these degrees. that as a condition of U.S. assistance to the forward to working with you to achieve our Secondly, I heard while driving in Colombian Armed Forces, the Government of shared goals of supporting a democratic Co- this morning that because of rapidly Colombia take the necessary measures to re- lombia, where the human rights and welfare rising oil prices, some fishermen and quire the military to support civilian juris- of its people are safeguarded. others in the Northeast have asked the diction in cases involving credible allega- Sincerely, President to declare a state of emer- tions of human rights abuse by military per- JAMES P. MCGOVERN, sonnel, including cases where officers are ac- Member of Congress. gency because fuel and home heating cused of conspiring to commit or facilitate JOHN JOSEPH MOAKLEY, prices are going up so fast, particularly murders and massacres. In this way, Presi- Member of Congress. in the Northeast. Everyone knows that dent Pastrana can ensure that all cases in- f we have become far too dependent on volving human rights abuses by military per- foreign oil. We have done this at a time sonnel are sent to civilian courts, which are UNEMPLOYMENT IS LOW WHILE that we are sitting on billions and bil- best equipped to investigate them impar- UNDEREMPLOYMENT IS HIGH tially and guarantee due process. lions and billions of barrels of oil. We The Administration should also provide The SPEAKER pro tempore. Under a could easily bring down the price of oil periodic reports to Congress on the number previous order of the House, the gen- or at least hold it steady by drilling for

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.029 pfrm13 PsN: H16PT1 H494 CONGRESSIONAL RECORD — HOUSE February 16, 2000 more oil offshore and in Alaska. But term ‘‘aggravated felony,’’ which previous standards so as to allow a once again environmental extremists sounds so horrible to cover virtually judge to take into account community who almost always are very wealthy every crime ever committed. It is ret- ties before deciding on deportation. It people do not want us drilling for any roactive, covering crimes decades ago. eases mandatory detention require- more oil. It denies basic constitutional protec- ments for immigrants who have com- Some of these extremists even have tions such as bail and visitation rights. pleted their sentences or probation. It said that they think our oil prices Again, I repeat, we are talking about reinstates the authority of Federal should be two or three times higher legal immigrants, immigrants residing courts to review immigration matters. than they are so that more people will in this country in a legal fashion. And it does ensure, Mr. Speaker, that be forced to use mass transit. But this The law that was passed in 1996 re- murderers, rapists, and terrorists, true would really be harmful and would put moves the authority of immigration aggravated felons, the people we want the final nail in the coffin of some of judges to take into account a person’s to deport, would still be deported. our small towns and some of our rural contributions to our society as well as Mr. Speaker, we need to start here. areas where mass transit is not avail- any past misdeeds. The law removes We need to start to restore fairness so able and where people have to drive Federal judges’ oversight over the im- that our Pledge of Allegiance truly sometimes long distances to get to migration process. It allows INS, Im- means with liberty and justice for all. good jobs. Do we really want to force migration and Naturalization Service, We must stop the practices that would more people into our big cities that are deportation officials to pick someone shame anyone who reveres our con- already overcrowded and where more up after they apply for citizenship, put stitutional system. pollution occurs? If we want lower them in detention maybe in the middle f prices for everything and more good of the night without their relatives jobs, we need more domestic oil pro- knowing where they were and hold LITHUANIAN INDEPENDENCE DAY duction. them without bail. Mr. Speaker, this is The SPEAKER pro tempore. Under a The very misnamed Arctic Wildlife America. This has to stop. We must previous order of the House, the gen- Refuge, which has 19.8 million acres of start to restore justice and fairness to tleman from Illinois (Mr. SHIMKUS) is land in Alaska, could produce many immigration proceedings. recognized for 5 minutes. billions more barrels of oil if we would Let me just give my colleagues a few Mr. SHIMKUS. Mr. Speaker, today I just allow drilling on far less than 1 examples of how this law is splintering rise in celebration of another year of percent of its territory. Most of this families in the San Diego area. Just independence for Lithuania. While refuge is nothing but a frozen, huge yesterday, I received a letter from 13- some may consider this the 10th anni- brown tundra that does not have a bush year-old Aida. Her father had always versary of the day many brave Lithua- or a tree on it or at least not one with- been a good provider; but in the middle nians faced the Soviet tanks to restore in many, many miles. If we opened up of the night, he was picked up by the freedom, it is truly the 82nd anniver- only 12,000 acres, far less than 1 percent INS, handcuffed in front of his children sary of Lithuanian Independence Day. of this refuge, we could get to billions and deported. Now his family has to As a Lithuanian American, I am proud of barrels of oil; and it could be done in rely on welfare. of my ancestry and what Lithuania an environmentally safe way and with- Allan is 34 years old and came to the stands for, such as resilience, deter- out hurting even a single animal or United States when he was 16. He was mination, tenacity and pride. What I cutting even one tree. Yet once again arrested for grand theft in his 20s and find especially promising about the wealthy environmental extremists do served a 3-year sentence. But today, Lithuanian people is how far they have not want us to do this, even though many years later, he faces deportation come after reestablishing independence their actions are hurting the poor and despite doctors’ diagnoses of attention just 10 years ago. working people of this country most of deficit disorder and possibly Tourette’s Today, Lithuania is a vibrant eco- all and are also helping keep young col- syndrome. Several doctors said he nomic power in central Europe. In 1998, lege graduates from getting good, high- should be treated for mental illness Lithuania had the lowest inflation rate paying jobs. rather than being incarcerated further in Central and Eastern Europe and These are just some things that I for crimes for which he has already privatized 344 companies. I am sure hope many people in this country and that the 1999 numbers will be just as in particular my colleagues here in the paid his price. Juan, who is 44, has been in the encouraging. Additionally, Lithuania Congress will consider in the months United States since he was a young continues to contribute to the security ahead. man. He was convicted of drunken driv- of the Baltic region by implementing f ing and served 7 months of a year sen- key defense programs and priorities. STOP SPLINTERING FAMILIES; tence. This sentence was expunged First of all, the Seimas has already START APPLYING AMERICAN from his record by California courts, approved a 10-year defense spending FAIRNESS AND JUSTICE but still the INS picked him up at his program which will reach 2.5 percent of The SPEAKER pro tempore (Mr. home at 2 in the morning. He served the GDP by 2005. This increase in SUNUNU). Under a previous order of the more time in detention while waiting spending will ensure that appropriate House, the gentleman from California for deportation than he did for his equipment will be procured and critical (Mr. FILNER) is recognized for 5 min- original DUI. troop reforms will be made. The addi- utes. I repeat, Mr. Speaker, this is Amer- tional spending will also secure Lithua- Mr. FILNER. Mr. Speaker, I rise ica. Here we do not allow unconstitu- nian interoperability with NATO today to say that we must stop the tional actions. Here, actions do have forces. While Lithuania already par- splintering of American families that consequences; but we have a system of ticipates in some NATO forces, inter- resulted from the so-called immigra- checks and balances to ensure that no operability will again prove Lithua- tion reform act passed in 1996. We must branch of government can ride rough- nia’s readiness to join NATO as a full- stop deporting hardworking legal, I re- shod over our rights. fledged member. peat, legal immigrants who are raising Mr. Speaker, I propose to roll back However, entrance into NATO and stable families only because they com- the draconian provisions of this 1996 defense spending are only one aspect of mitted a minor infraction years or law. My own bill, H.R. 3272, the Keep- such a diverse country. Trade, eco- even decades ago. We must stop haul- ing Families Together Act, would do nomic development, and foreign invest- ing away parents in the middle of the the following, and I repeat, this is for ment will help to strengthen Lithuania night in front of their children, and we legal immigrants. It would restore the not only in Europe but across the must stop denying these people now in previous definition of aggravated felon globe. Today, out of the top 10 foreign detention the most basic constitu- so people would not be dragged into jail investors in Lithuania, only three are tional rights that we in America be- for very minor crimes. It eliminates American companies: Williams, Phillip lieve everyone should have. the retroactivity sections so minor Morris, and Coca-Cola. As the govern- Yet that is exactly what the 1996 im- crimes from decades ago are not count- ment continues to privatize industries migration law does. It redefines the ed against the immigrant. It restores and services throughout the country,

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.096 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H495 American companies must make the ing her leg, because she exposed an House, the gentleman from Virginia first step and begin investments. Right ankle. These are atrocious actions and (Mr. GOODE) is recognized for 5 min- now Lithuania is an untapped resource they are real. They are happening now. utes. of money, goods and a capable work- They will continue tomorrow as long Mr. GOODE. Mr. Speaker, when the force. The possibilities are endless as as the extremist Taliban government is President delivered his State of the to what can be done in this burgeoning still in control. Union address on January 27, he touted economy. The United States and Lith- The restriction on women’s freedom the unprecedented prosperity of the uania must work together to encourage in Afghanistan is not understandable Nation. He pointed to the fast eco- this investment. The possibilities are to most Americans. Women and girls nomic growth and the lowest unem- too great for American companies to cannot venture outside without a ployment rates in 30 years. miss by sitting on the sidelines. burqa, a heavy and expensive restric- Unfortunately, this is not the case in Again, I would like to congratulate tive garment, that covers the entire all areas of the country. In some parts the Lithuanian people on not only body, including mesh over the eyes. of the Fifth District of Virginia, which their independence but on the strides For some women, not having the I represent, we have experienced sig- they have made over the last 10 years means to afford and purchase this ex- nificant job losses and unemployment to make their country what it is today. pensive garment will banish them to rates that are three to five times great- Through continued perseverance, they their homes for the rest of their lives. er than the State average. The job have shown in the past Lithuania will The effects of this decree have been losses are the result of textile plant be an outstanding addition to NATO severe. Many Afghan women are wid- closings and the decline of the apparel and an economic powerhouse in central ows and have no means of income be- manufacturing industry in Southside Europe. cause they cannot work. And unless Virginia and throughout the Nation. f they have a close male member in their Martinsville and Henry County, Vir- family, they have no access to society ginia, used to be known as the TALIBAN ATROCITIES IN for food, for their families and for ‘‘sweatshirt capital of the world,’’ but AFGHANISTAN themselves. with the recent loss of over 3,000 ap- The SPEAKER pro tempore. Under a parel manufacturing jobs, that title b 1515 previous order of the House, the gentle- will no longer be applicable. Recent woman from New York (Mrs. MALONEY) It is no wonder that under these con- figures show that the unemployment is recognized for 5 minutes. ditions, the Feminist Majority Founda- rate in Martinsville for the month of Mrs. MALONEY of New York. Mr. tion reports that the Physicians for December was 19.6 percent, and the un- Speaker, I join my colleague, the gen- Human Rights found that 97 percent of employment rate for surrounding tleman from Maryland (Mr. HOYER), in Afghan women show signs of major de- Henry County was 11.6 percent. Neigh- speaking out for equality, equal oppor- pression. boring counties, including my home tunity, freedom of choice, and freedom I join my colleague, the gentleman county of Franklin, also have seen tex- to live. There was once a time when from Maryland (Mr. HOYER), in con- tile plants close and unemployment these words were only meaningful to demning the Taliban regime. We must rates increase. men. However, more than 50 years ago, continue to speak out against the The people who have lost their jobs the universal declaration of human Taliban, on behalf of the women and are able and willing workers. Many in rights declared once and for all the girls that risk death for speaking out the community were concerned when principle of equality for women and for themselves. NAFTA was proposed, and they feared men around the world. Then why is it We must not accept the Taliban as a legiti- the impact that the agreement would that in the year 2000, the beginning of mate government. have on their jobs and the local econ- the year and the decade of hope and ad- We must send a strong and clear message omy. Their fears and concerns have vancement and greater opportunity that gender apartheid is unacceptable and a now been realized. Nearly all of the that there is an entire population of gross violation of the most basic human rights. plant closings in the area have been women who still live in constant fear Afghanistan may be physically located on certified by the Department of Labor and violent oppression? the other side of the world, but the voices of as NAFTA impacted, making the work- Since 1996, the Taliban, an extremist the women and girls suffering there are heard ers eligible for the Trade Adjustment militia, has seized control of 90 percent loud and clear here. Assistance Program and the NAFTA of Afghanistan and then unilaterally I urge my colleagues to continue their sup- Transitional Adjustment Assistance declared an end to women’s basic port of the women and girls in Afghanistan by Program. Many have taken advantage human rights. Women are banished cosponsoring my resolution, H. Res. 187, to of these programs which provide job from working, girls are not allowed to prevent any Taliban led government from ob- training grants. With the help of the attend school beyond the eighth grade, taining a seat in the United Nations, and re- Virginia Employment Commission, women are beaten for not fully cov- fused any attempt to recognize any Afghan many of them are enrolling in training ering themselves, including their eyes government, while gross violations of human programs. However, job training will be and ankles. Women and girls are not rights persist against women and girls. of little benefit to these people if there allowed to go out into public without In closing, I want to share with you an ex- are no jobs available to them. being covered from head to toe with a cerpt from a poem written by Zieba Shorish- There is legislation that has been in- heavy and cumbersome garment and Shamley called ``A poem dedicated to my Af- troduced in the House of Representa- escorted by a close male relative. ghan Sisters'': tives which I believe would help these Women are not allowed to seek health I remember you . . . displaced workers and others like them care, even in emergency situations, When you have no choice, no voice, no around the country. H.R. 1967, the from male doctors. The Taliban has al- rights, no existence NAFTA Impact Relief Act introduced When you have no laughs, no joy, no free- lowed some women to practice medi- dom, no resistance by the gentleman from Mississippi (Mr. cine, but women must do so fully cov- Your pain, your agony, your silence, your SHOWS), now has over 70 cosponsors. ered and in sectioned-off special wards. loneliness The NAFTA Impact Relief Act would And even these services are only avail- Your anger, your frustration, your cries, provide tax incentives and grants to able in very few select locations, leav- your unhappiness communities affected by the loss of ing women to die from otherwise treat- To the women of Afghanistan I say, we re- businesses and jobs as a result of able diseases. member you, we will not forget you, we will NAFTA. A 16-year-old girl was stoned to death fight for you! I believe this measure is an example because she went out in public with a f of what we need to try to do in order to man who was not her family member. assist adversely impacted localities in A woman who was teaching girls in her NOT ALL AMERICANS EXPERI- their efforts to create jobs and to get home was also stoned to death in front ENCING THE SAME PROSPERITY their economies on the same track as of her husband, children, and students. The SPEAKER pro tempore (Mr. those sectors of the country which are An elderly woman was beaten, break- SUNUNU). Under a previous order of the enjoying more prosperous times.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.098 pfrm13 PsN: H16PT1 H496 CONGRESSIONAL RECORD — HOUSE February 16, 2000 I hope that in these times of eco- PRESCRIPTION DRUG BENEFITS for the poor, and they have through nomic growth for the Nation as a AND THE MEDICARE PROGRAM that program a pretty good prescrip- whole, my colleagues and the President The SPEAKER pro tempore. Under tion drug benefit. will recognize that not everyone is ex- the Speaker’s announced policy of Jan- Then there are about 8 percent of the periencing the same prosperity. I hope uary 6, 1999, the gentleman from Penn- elderly who choose to receive their Medicare in what is called Medicare that we can all work together on ef- sylvania (Mr. GREENWOOD) is recog- forts to help these hard-working Amer- nized for 60 minutes as the designee of Choice Plus plans, and that is that icans in their time of need. the majority leader. they have a managed care package, and f Mr. GREENWOOD. Mr. Speaker, this that managed care package provides evening the gentleman from North them with the benefit. OPPOSE UNILATERAL CLOSURE OF But the yellow piece of the pie there, PUBLIC LANDS Carolina (Mr. BURR) and I are going to talk about prescription drug benefits the largest piece of the pie, represents the 31 percent, the chart says, and the The SPEAKER pro tempore. Under a and the Medicare program. previous order of the House, the gen- In 1965, when Medicare was created of estimates are between there and 35 per- tleman from California (Mr. RADANO- course it was created without a pre- cent, of America’s seniors who do not VICH) is recognized for 5 minutes. scription drug benefit. It seems un- in fact have any Medicare prescription Mr. RADANOVICH. Mr. Speaker, yes- imaginable now in the year 2000 that at all. Let me change charts for a moment. terday President Bill Clinton an- the Congress would create a program nounced plans to create a monument in This is a chart that demonstrates of to provide for the health care of the el- those that do not have, the 35 percent the Sequoia National Forest. Not in derly without providing a prescription Sequoia National Park, mind you, but of Americans’s elderly who are without drug benefit, but those were different prescription drug benefit, who they are Sequoia National Forest. It will be times. In 1965, a far smaller percentage 400,000 acres, almost 625 square miles. in terms of income levels. As this chart of Americans in general and American readily indicates, the likelihood that The 19th District of California is my seniors used prescription drug benefits home. It encompasses four counties, one is covered with a prescription drug on a regular basis, and so Congress did benefit is in direct proportion to one’s Mariposa, Madera, Fresno, and Tulare. not include prescription drug benefits The people of my district share their income at retirement. So those Amer- in the creation of Medicare. ican retirees who have incomes in ex- home with three national forests and But today, as we stand at the millen- two national parks. That makes my cess of $50,000 per year, 95 percent of nium in the year 2000, the world is a them are able to in one way or another district over 85 percent federally very different place, and today’s sen- owned, one of the highest ratios in the meet their prescription drug needs. iors, as we all do, benefit from health That figure climbs for those between country. care innovations that were inconceiv- $25,000 and $50,000 to 16 percent. Be- Make no mistake, we are proud of able just 35 years ago, and particularly tween $15,000 of income and $25,000 of our public lands. Yosemite and Sequoia in the area of pharmaceutical products annual income those uncovered by a National Parks are crown jewels. The and biological products. prescription drug benefit is 22 percent. old growth trees that are there inspire Today if you do not have access to Between $10,000 and $15,000 the number majestic awe. The people of my home the latest miracle drugs produced by is 20 percent. For those Americans love and respect the environment. the pharmaceutical industry and you below $10,000 and yet with enough in- But, Mr. Speaker, this designation is do not have access to the latest bio- come so they do not qualify for the not about protecting the environment logical products that are being pro- Medicaid program or a State-operated and it is not about protecting giant se- duced, that are creating cures for dis- Medical Assistance Program, 37 per- quoias. Nobody is logging these trees. eases that could not have been imag- cent of those elderly do not have a pre- The sequoia groves have been off limits ined 35 years ago, if you do not have scription drug benefit. for years. This designation is all about access to these products, you really do As this chart indicates, this problem politics. It is a campaign looking for a not have good health care in America. is going to be exacerbated by time. In press release. Yet 35 percent, over one-third of all of 1999, 13 percent of the American popu- It seems our President will say just the seniors in the United States, as lation was older than 65, and of those about anything to prolong his rule. well as the disabled, who also receive over the age of 65, 33 percent were tak- Today he will close down the Sequoia their health care through the Medicare ing some form of medication on a reg- National Forest for some good press, program, do not have access to these ular basis. and tomorrow it will be someplace else. products. Thirty years from now, when the What is next? When a government can This chart to my left here, the pie baby-boom is fully retired, about 20 close off public lands, on a whim, with- chart on the right, describes which percent of Americans will be of retire- out asking for public comment, they Americans do and which Americans do ment age, over 65 years, and more than are not really public lands any more. not have access to prescription drugs half, 51 percent of them are expected to Mr. Speaker, how can we allow a through the Medicare program and require daily medications. So clearly President to close access to public other similar programs. this problem will get worse in time un- lands the size of Rhode Island without About 31 percent of American seniors less the Congress acts to solve this asking permission from the people who receive a prescription drug benefit problem. own them? from their former employer. They As this chart indicates, the problem Today I am introducing a resolution. worked long enough to receive a life- is being exacerbated because of the in- It requests that the President tell us time of benefits and their employer creasing costs of prescription drugs, what he plans to do with the rest of our was in a position and perhaps the union the total prescription drug costs for public lands before election day. He negotiated for a benefit that would be any given elderly person. has, so far, steadfastly refused to an- a good prescription drug benefit that In 1993, this is the price increase per swer this question. It requests that the would last for the rest of the life of the year, these are year-over-year percent- President include real public participa- retiree. age changes, so in 1993 the price of tion as he moves forward with the Se- About 11 percent of today’s elderly pharmaceuticals increased by 8.2 per- quoia Monument. He needs to talk to population purchase a prescription cent, while the consumer price index people who live there, not just people drug benefit when they purchase a was only 2.7 percent. As the chart in Washington. Medigap policy, the Medigap policies shows, the annual increase in the total We should oppose this kind of unilat- that cover those costs of health care cost of all pharmaceuticals, this is not eral closure of public lands, if not for not covered by the regular Medicare the per item cost, but the total cost of the people in my district or in your dis- program. all pharmaceuticals, has risen to the trict, but then for the sake of our de- Then there are about 10 percent of extent that just the one year change mocracy. It seems we need an adminis- America’s senior citizens who are of between 1998 and 1999 was a whopping tration that remembers that we do live such low income that they are eligible 18.5 percent, while the CPI was still in a democracy. for the Medicaid program, health care down at 2.7 percent.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.101 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H497 I wanted to bring up one other graph. I sometimes wonder if in 1960 when minal illnesses who did not have a tre- This is a very important graph, be- Medicare was created, whether they mendous amount of choices. One of the cause it begins to break down the com- knew we would be here at some point results of the Food and Drug Adminis- ponents that cause this dramatic in- in the future. The fact was that drug tration modernization was that we crease in the total cost of all pharma- benefits were not part of the insurance have had new applications, a greater ceuticals. package for the private sector or for number for pharmaceuticals than we b 1530 any entity, and if they would have have ever seen, because companies in- been, I am sure that those individuals vested millions and billions of dollars The purple parts of each bar are the who were in this institution would in research and development. The percentage increase in each of the have included a drug package in Medi- human genome project is beginning to years between 1990 and 1998 that were care as we know it today. But the fact identify disease that exists in our sen- related to the actual percentage in- crease in the cost of the pharma- is, they did not. In the last 30 to 40 ior population, and we are just right ceutical products on the market. So in years, we have seen significant change around the corner from those same 1990, products in general went up 8.4 since Medicare happened. pharmaceuticals finding a chemical There has not only been change in percent. That has been on the decline; that can stop that chronic illness that the delivery system, it has been it is at a slight increase in the last few they have had for year after year after changed in the treatment methods that years. But as we can see, the percent- year. physicians use; there have been We have to make sure that drug ben- age of increase in products on the mar- changes in the devices that hospitals ket is a relatively small percentage of efits are affordable and accessible for the total cost increases. are able to use for treatment; and there the entire population, and we can only The green part of the bar shows the has certainly been change in the phar- do that if we accept the challenge of volume from the mix of new products. maceutical world, which I call the presenting a universal plan, not a tar- What that means is that this part of high-tech end of medicine. As we dis- geted plan like some have suggested. the increase was driven by the fact cover new things that treat specific ill- Clearly, it has to be universal and it that seniors were getting more pre- nesses, that up until yesterday we has to include the entire senior popu- scriptions, taking more medications, might have thought were uncurable or lation. As a matter of fact, the General and new products were coming on to uncontrollable, that is the era that we Accounting Office testified in front of the market, adding to the costs. So are in. us today, the Senate last week; and when we look to methodologies to The debate in Washington is not over they said to Congress, do not do any- bring down the cost of prescription whether we extend a drug benefit to in- thing that does not change Medicare in drugs, we need to understand that it is dividuals who make choices between its entirety. Reform the whole process not just a freeze, for instance, on all food and drug. It is a philosophical de- when you do the drug benefit. That is prescription drug prices, which will not bate in Washington over who we are probably a goal that we cannot do this solve the problem, because as long as going to offer a drug benefit to. The year. The question is, how long can new products come on to the market, gentleman and I and others believe seniors wait. seniors will have access to them, and that it has to be universal; that we However, we can get that portion of that will drive up the total cost of have to make sure that 10 years from it that deals with drug benefits right: pharmaceuticals. now, people in this institution are not universal in scope, affordable in price, Mr. Speaker, we Republicans are here on this House floor fixing some- and accessible from the standpoint of committed to solving this problem. My thing that had design flaws, fixing coverage. colleagues on the Committee on Com- something that was not inclusive of 100 Mr. GREENWOOD. Mr. Speaker, the merce have been working hard at this percent of the population. gentleman made reference to the mir- for some time, as have our friends on There is a difference between where acles of some of these more modern the Committee on Ways and Means; the subsidy is, the Federal Government pharmaceutical products; and he also, and we have been meeting together. We subsidy, and making available the op- in his remarks, has been talking about will have a prescription drug benefit tion for seniors to buy in. It could be the cost and how do we devise a plan plan in legislative form probably next that our plan, employers might buy that, given the finite resources, will month, in March, and we will bring their retirees into this drug plan. It provide this wonderful benefit to all of that to our committees for consider- means that seniors’ high income would our seniors. We have to remember that ation, and to the floor. pay for their premiums and those it is not a zero sum game, that when I am convinced that the capacity is below a certain level of income on an we add a pharmaceutical benefit, it here in the House for Republicans and annual basis might have that Federal does not simply and only add to the Democrats to work together for the safety net to pay their premium and costs of Medicare. Because in many Congress, and for the House and the their deductible. But there are cer- ways, using a pharmaceutical product, Senate to work together, and for the tainly plans all around this town, as we using a medicine, is the least expensive Congress, the Republican Congress and have seen. way to treat an illness as compared to President Clinton to work together so The gentleman and I both shared an surgery. that by the end of this year 2000 we will experience which was the moderniza- I have a chart here on my left that have been able to provide a legislative tion of the Food and Drug Administra- demonstrates an instance of that. This solution to this that is sound, this is tion, a 21⁄2-year process that I remem- is the cost of treating stroke patients. reasonable, that makes sense, and that ber well. When we started, people If we use a treatment that consists of a solves the problem of many seniors looked at us and said, it can never be pharmaceutical approach, which uses a today where they have to choose be- done; it is too big. Granted, things hap- clot-busting drug, it costs about $1,700 tween whether to buy groceries or pen slow in Washington that are big, to treat that patient on an annual whether to buy a prescription drug, or but 21⁄2 years later, I think even the basis. Yet, by doing that, we are keep- whether to take their prescription agency would say that their ability to ing that patient from having to go from their doctor and then never have bring new pharmaceutical products, through the pain and the expense of the opportunity to fill it at all. their ability to bring new devices to rehab and often nursing care. At this time, I yield to my colleague the marketplace to treat real people is So the difference here is that we save from North Carolina (Mr. BURR), who better today than it has ever been in $6,100 that otherwise Medicare would knows as much about this issue as any the history of that agency, while main- have been paying for. of my colleagues. taining the gold standard of the FDA, Mr. BURR of North Carolina. Mr. Mr. BURR of North Carolina. Mr. and that is the safety and the effective- Speaker, another important thing: we Speaker, I thank the gentleman from ness of their treatments. save money, and there is no figure in Pennsylvania for making part of his I remember through that process there on the quality of life improve- time available for me to join him in that the gentleman and I met hours ment that we have made for the indi- this Special Order on the drug benefits and hours with individuals young and viduals. No hospital stay, no transpor- that should exist under Medicare. old who came in with chronic and ter- tation for relatives, the type of thing

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.103 pfrm13 PsN: H16PT1 H498 CONGRESSIONAL RECORD — HOUSE February 16, 2000 that for seniors today is a problem; corner with diseases before that have b 1545 just the dislocation from their home is been so crippling, and again, we are al- The President’s new proposal has a a problem. most there in lots of cases. That med- full subsidy at 135 percent of poverty. We have been joined by the gen- ical research money is so necessary, That income level on an annual basis is tleman from Michigan (Mr. UPTON), not only that we provide to the Na- $11,727 a year; excuse me, the 150 per- who also participated in quite a few tional Institutes of Health, but also the cent is $11,727. things with us, and one of them was research and development money that What happens to that person that is the expansion of Medicare in 1995, if I pharmaceutical companies use as well, at 135 to 150? Clearly they have the remember, when we made the sell that to try and develop drugs in major same choices that they have to make, there were certain things under Medi- ways. maybe not as great as the person at 100 care that we ought to cover, such as Mr. BURR of North Carolina. Mr. percent. But I think one of the things the PSA exam for senior males that Speaker, in her particular case, it was we have to do is we have to identify checked for a certain cancer; mammo- not limited to osteoporosis, which is where is that safety net needed the grams for senior females so that we the case with a lot of seniors today most, whether there is a transitional could detect at an earlier stage; not who have multiple health problems or safety net for people in the middle, be- too dissimilar to the argument that multiple health conditions. She herself cause today we can look at 200 percent the gentleman just made and that is if said that she took 11 prescriptions a of poverty for seniors and realize that we find a way to detect things sooner, day. there is no State, Federal, or commu- the faster we do it, the faster we treat, Now, one of the reasons that she nity safety net that fills their need, the less hospital stay that we have, the came to see us is she is one of the for- and how expansive we can be is only less cost that we have, a better quality tunate seniors that is insured. She has limited to how creative we can be at of life that we have. Everything that an add-on policy that provides some producing a new model. we would chart as a goal in a health costs for drugs; and she said, whatever Mr. UPTON. Mr. Speaker, I would care plan we were able to achieve, and you do, let everybody else have the op- just note, if the gentleman will yield, it should be incorporated into this drug portunity who is a senior to buy, but that a number of States, Michigan benefit. do not limit me; let me stay with the being one, have just embarked on a Mr. GREENWOOD. Mr. Speaker, the plan I am comfortable with. That is a program that in fact will help how gentleman from Michigan (Mr. UPTON) challenge to us, to make sure that many HMO seniors, those as high as 150 has joined us, and with my colleague whatever we design is equally as good, percent of poverty. But again, it is not Mr. Burr and myself, along with the if not better, than what she has. a very high dollar figure, as the gen- gentleman from Virginia (Mr. BLILEY) Mr. GREENWOOD. Mr. Speaker, tleman suggested. and the gentleman from Florida (Mr. clearly what we want to do is we want But what do we do with those States BILIRAKIS), and others, we have been to provide choice. One of the first that already have something in place? working for all of this year and beyond charts I held up demonstrated that a We have to be very careful not to undo that, earlier than that, to devise a pre- significant portion of America’s elder- what they have done, and yet try to en- scription drug plan that makes sense. ly, two out of three already have pre- courage other States to follow the I would like to now yield to the gen- scription drug coverage and about half same lead that States like Michigan tleman from Michigan (Mr. UPTON). of those, or about a third of the senior have already taken. Mr. UPTON. Mr. Speaker, I thank population, receives those benefits Mr. BURR of North Carolina. The the gentleman from Pennsylvania for from their employer. gentleman is exactly right. The chal- taking this Special Order. I certainly Now, what we do not want to do is do lenge for us as well is to make sure welcome the opportunity to work with anything that is going to cause either that the plan that we produce has a my colleagues on developing a plan those retirees who have a nice prescrip- value. I think sometimes we leave that makes sense. tion drug benefit to suddenly have to value out of it because we are talking As we go back home, particularly pay for something they already have, about this captured audience, and I this next week and a half with Con- nor do we want to do anything that guess that is how people can look at gress out of session, as we look at our would create a disincentive for the em- the current health care system and mail that comes in virtually every day, ployers to provide that. So we have to say, it is the best in the world. there is a real human cry for us to do be careful that we fix what is broken When we talk to seniors, they will something about pharmaceutical drugs and we do not fix what is not broken in point out every problem that exists in and to try and work together to allow the world of prescription drug benefits. Medicare today from the standpoint of this to happen for today’s seniors. Mr. BURR of North Carolina. Mr. the limited scope of coverage to the I am sorry that I was a little bit late Speaker, the challenge for us, as every- cost and the out-of-pocket cost, $760 when this Special Order started. We all body will agree, is that there are 30- when one really gets sick and has to go have a number of hearings that have plus million Americans who fall under in the hospital. been going on, so I missed the begin- this umbrella of Medicare, and it grows That is an area we should look at, ning. I saw some of the charts just every day. We certainly know what the but we are doing drugs now. We have to briefly before I left my office to come demographic shift is in America. We make sure that it fits in that modern- over. But we are part of a group that is have heard the numbers as they relate ized Medicare system of the future. If working on a comprehensive plan that to Social Security. We talk about it not, our work would only be changed tries to do a number of things. Obvi- enough related to Medicare, but the by somebody else’s mistake later on. ously, we have been the leader in terms fact is the senior that goes on Social Mr. GREENWOOD. Mr. Speaker, I of the pharmaceutical industry looking Security is also the senior that will go yield to the gentlewoman from New for drugs that are going to save lives on Medicare. The population will dou- Mexico (Mrs. WILSON). She is a member and in effect save big time in costs. We ble in the next 15 to 20 years in Amer- of the Committee on Commerce, as we heard today, the three of us, in our ica, and I think there is a responsi- all are here doing this special order, committee a woman from Pennsyl- bility that we have to make sure that and she will be playing a critical role vania with osteoporosis, or from Flor- the system is sound enough that it will in determining what kind of prescrip- ida, or maybe California. Anyway, she go on. tion drug benefit we can provide to our was a wonderful lady. Mr. Speaker, I think it is important elderly and to our disabled. Mr. BURR of North Carolina. Mr. to talk about some of the numbers that Mrs. WILSON. Mr. Speaker, I thank Speaker, she could have been from any- we hear on a daily basis as we discuss the gentleman for yielding to me. where. drugs. Individuals might see on the I appreciate the gentleman from Mr. UPTON. Yes, she could have been nightly news when they talk about the Pennsylvania (Mr. GREENWOOD) having from anywhere. But these drugs, par- individual who is making a choice be- this discussion today, Mr. Speaker, be- ticularly for osteoporosis, have saved tween food and drugs or drugs and cause I think Congress is just really be- her life. We are looking at some of something else in their monthly budg- ginning the hard work of developing these advances that are just around the et. the legislation to address this problem.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.105 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H499 All of us agree that we have a prob- Or, a third proposal that has been Republicans can fight Democrats, lem that we have to deal with. It is a floated is to allow the States to man- Congress can fight the President, but problem brought about by marvelous age this and administer the program. this is too important for that. As the advances in medical care that did not So there is not one prescription drug gentlewoman from New Mexico said, exist at the time that Medicare was es- proposal, there are a lot of different her constituent has a real life problem. tablished. We look at what the pharma- ways that we could do this, and those This is about, literally, life and death. ceutical industry has brought to the are ways that we are grappling with Our ability to solve this problem in a quality of life in America. We have a here in the Congress starting this timely fashion really has everything to much longer lifespan and a much high- week. do with whether some of our elderly er quality of life because there are mir- There is also the problem of who we loved ones live or die, whether they acle drugs that are available today cover. All of us know that we need to live in pain and suffering, or whether that were not available 10 or 15 years cover low-income Americans and low- they can enjoy their golden years and ago, but the cost is often very high. income seniors. But there is also the their grandchildren because they have I heard about this a lot when I was at problem of those that may not be low- access to the miracles of these indus- home over our recent break. There was income, but they have huge, high drug tries. a little lady who came in to see me at costs. There are also temptations that are one of our town hall meetings. Her That was one of my concerns with nonpartisan. There is a temptation to name is Jean Welch. She did not say the initial proposal that came out that pick on the various industries that are anything during the meeting itself, but said, yes, we are going to give everyone involved. There is a temptation to say, she came up to me afterward. She has coverage, it is going to cost us some- let us all pound on the pharmaceutical trouble walking now. where between $300 and $600 a year to industry. They are a good target. We She gave me a little envelope, and buy it, and by the way, there is no cov- can beat them up. just whispered into my ear, don’t look erage beyond the first $2,500 worth of The fact of the matter is we do not at this now, but when you go home, I costs. want the pharmaceutical industry to want you to know that this is half of Well, my husband handles the insur- be price-gouging or making excessive what I spend on prescription drugs ance in my house, but even I can figure profits, but we do want them to be able out that I do not need the insurance for every month. I just want to you to to continue to provide these miracles, the things I can afford, I need it for the know. and there is no country that compares things I cannot afford. So if we have So I went home and I pulled out of with the United States when it comes caps at $2,500, that does not help Jean this little envelope a receipt from Wal- to our ability with our pharmaceutical Welch after May or June. We need to Mart for over $360. If someone is on so- industry to make these products. think about those who have high costs, cial security and they have that high a They do not do this in Canada, they as well as those who have low income. price for paying for their prescription do not do this in Mexico, or in many There are a lot of models for reform countries in Asia, or more than a hand- drugs, it is a real burden, and it is that the Congress is beginning to grap- something that we have to address. ple with and grapple with seriously. I ful in Europe. These products are for I think maybe I would like to just am very pleased that the Speaker has the most part innovated in the United take a minute here, if I might, to talk asked the chairman of the Committee States of America. We have to make about how we are grappling with this on Ways and Means and the chairman sure that we do not kill the goose that issue and what the choices are that of the Committee on Commerce, who is laying these golden eggs. face us as a Nation and as a Congress, have all of the expertise on these pro- We think we can bring the price of and how we are beginning to sort grams, to get together, to have the prescription drugs down dramatically through those choices. public hearings, to begin to craft a pro- because when we get all of these elder- There are issues really in three areas. posal that solves a very real problem ly people and disabled people who do One is the scope of coverage. We know that real Americans face every day. not have the benefit now, get them that about half of American seniors Mr. GREENWOOD. Mr. Speaker, the into the marketplace, subsidized by the now have some kind of prescription gentlewoman from New Mexico has Federal government, we will get the drug coverage. They have some kind of well illustrated that there are a vari- price of those prescription drugs down. insurance, but we also know that about ety of plans that are on the table tak- Mr. BURR of North Carolina. If the one-third of our seniors have no cov- ing different approaches. This is a hard gentleman will continue to yield, the erage at all. The rest have had some job. This will not be easily done. We gentleman raises a great question. kind of coverage, but it is very, very are talking about being able to find bil- That is, a movement of 30-plus million limited. lions of dollars, many billions of dol- people into a plan of coverage has a So how do we craft a program that lars, scores of billions of dollars on an devastating effect on the cost of the allows continuing choice for those who annual basis for the foreseeable future items that are purchased under that have insurance that they want now, to be able to do this. plan. and does not overly burden the Federal We have finite resources. We have Mr. GREENWOOD. Supply and de- government and take away choices many, many competing demands on mand. from seniors who have exercised their our budget. We have to do it in a way Mr. LATHAM. This is a supply and right to choose? So the scope of cov- that makes sense to all of the stake- demand situation, where if they buy erage is one of the issues that we have holders. them individually, the cost is so much to deal with. There is an old saying, which is that higher. I think that is one of the rea- How do we administer this program? it is amazing how much you can ac- sons we have to look at some of the There are a number of options that complish if you do not care who gets plans that are out there, and look at have been proposed in a lot of different the credit. A lot of the political observ- the hard and real facts of what does it pieces of legislation here, but I think ers who watch what happens here in cover. they kind of fall into three groups. the Nation’s Capitol will say, do not In 1995, the average cost for a senior We could have a government-man- bet on there being a prescription drug in America for drug coverage was aged benefit, as we do with a lot of benefit. It is an important election about $500. That was the extent of all other Federal Government programs, year, it is a presidential election year. the drugs that they purchased. But with regional entities to purchase and The Democrats want to take the Con- more importantly, we are faced with a administer our drug program. gress back and the Republicans want to situation of trying to integrate what We could have private insurers that keep the Congress, and both parties are we are here trying to put together in take care of this, and we would give vying for the presidency, and it will be with every State who takes care of the seniors some kind of a voucher or a too easy for the Republicans and poorest seniors. credit in order to buy prescription drug Democrats to get into a fight over who Somewhere between 58 and 100 per- insurance. That would not have some gets credit and who gets blame for get- cent of those in poverty are currently of the burdens that go along with being ting something done or not getting it under Medicaid plans. Those Medicaid a government-run program. done. plans will be affected by what we do.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.107 pfrm13 PsN: H16PT1 H500 CONGRESSIONAL RECORD — HOUSE February 16, 2000 We have to make sure this is inte- these stakeholders, the medical com- We have to make sure that we can grated into it. munity, the doctors, nurses, hospitals, say to the taxpayers in this country The President made a proposal ear- the insurance industry, the pharma- that they are getting the best value lier this year. In the President’s pro- ceutical industry, Republicans, Demo- that they could purchase. We have to posal, the same 135 percent of poverty crats, Congress and the President, and say to the patients, the recipients, the are covered, just like we talked about above all, listen to the seniors, listen beneficiaries, they have the most qual- the need to cover them. After that, in- to the seniors and to the disabled who ity delivery system with the greatest dividuals are asked to pay 50 percent of are in need of this benefit so that we scope of coverage out there that we every dollar that they spend after they can share their wisdom, and get beyond could possibly design. We are not there buy a premium, an insurance policy. the political credit-taking and par- yet, and clearly we have seen a tremen- The co-pay is 50 percent. There is no tisanship and solve this problem. dous amount of options; but too many insurance product in the marketplace I would certainly say that any Mem- times we want to focus on the most at- today like that, nor is there one that ber of Congress or any president, for risk and stop before we realize that an anybody would buy. that matter, who serves in the year important part of this process is to Let me give one figure. On $1,100 2000 who can end this year at a bill- make sure that we design a product worth of drugs under the President’s signing ceremony seeing that this gets that is as attractive to people in the plan, in the year 2002 the benefit, the done, and knowing that from that day upper income scale of seniors as it is benefit for the senior would be $197.60. forward no little old lady, no little old needed in the lower income scale. Be- Eight hundred and two dollars of the man, walks into any drugstore in cause by their participation, that pool $1,100 worth of drugs would be out-of- America, hands trembling because he of seniors grows and the purchasing pocket costs by that senior. What an or she is not sure they can afford this power of that group, regardless of incredible challenge for anybody to buy drug, that will be enough for this Mem- whose plan they are under, is that into. ber to retire on, feeling that the time much better for their pharmaceutical Mr. GREENWOOD. Mr. Speaker, I we spent here was worthwhile. coverage. yield to the gentlewoman from New I yield to the gentleman from North We have seen it happen in the private Mexico (Mrs. WILSON). Carolina (Mr. BURR). sector in health care. We can see it in Mrs. WILSON. If I could follow onto b what is the public sector today, which something the gentleman mentioned 1600 is Medicare. about how easy it is to attack the Mr. BURR of North Carolina. I know Mr. GREENWOOD. Mr. Speaker, pharmaceutical industry, these big the gentleman remembers well the vis- when I began my remarks, I mentioned companies, and why are the prices so its that we had from young and old that 1965 is when Medicare was begun, high, but these are the companies that when we were in the hopes that we and as we look back 35 years, it is hard brought us the miracles in the first could modernize the Food and Drug Ad- to imagine now a time when seniors did place. ministration. I think to many Ameri- I just want to reinforce something cans they might have looked at it and not have Medicare, when they did not the gentleman said about the worst said, all that is being accomplished is have a guarantee of health care, just as thing we could do here is to salt the to have a new version of an old drug on it was impossible for them to imagine earth or poison the well that will bring the marketplace and this is a process looking forward into time what health us the next generation of miracles, the that will allow that to happen. In fact, care could provide now. medicine that will cure Alzheimer’s or it was not. We are at a particularly wonderful Parkinson’s or diabetes. We want this In many cases, the drugs that come moment in our history. Over just the great medical miracle that we have through that pipeline today, as we past 5 years or so, we took a Nation seen in the 20th century to continue in refer to it, are drugs that we have not that was plunging into debt, $250 bil- the 21st century, and the worst thing had anything available to treat that lion a year adding to the Nation’s debt, we can do is to pass legislation which chronic or that terminal illness. and by 1997 making a lot of difficult de- would cause the pharmaceutical indus- Today, as the gentleman and I know, cisions, including many that affected try to shrivel in America and stop cre- we have a rampant increase in infec- the Medicare program and trying to ating the next generation of miracle tion, in seniors predominately, but in squeeze out some of the waste and drugs, because I want them to be there all Americans; and it does not have fraud in Medicare, and we balanced the for my kids and when I am old and anything to do with sterilization. It budget. gray. just has to do with the change in bac- Last year, in fact just late last year, Mr. GREENWOOD. It takes about teria that goes on as we have treated we made another huge decision here in something on the order of 9 years and one strain so long. The need exists in Washington. We said we are not going half a billion dollars to bring a product this country for new antibiotics but, to spend any more of the Social Secu- to market, to bring a new pharma- more importantly, the need for pa- rity trust fund on anything else but So- ceutical product to market. That is a tients to take all of the drugs that are cial Security, and that is another mile- very expensive proposition. We need to prescribed for them so that the illness stone that was brought about because make sure that there are industries in is eliminated totally. of the fiscal discipline that we have America, companies in America that We know what happens to a senior demonstrated over the last several want to continue to make that kind of when they get halfway through the years. investment and take that kind of risk. prescription. They have another month Now we are taking down debt. We are At the end of the day, an elderly to go. That means going to the drug- to the point where by the end of this woman who goes to her doctor because store. It means the out-of-pocket cost fiscal year, by next October, we will she has some kind of ailment and gets of another $50 or $60 or $70, and they have paid down over a quarter trillion a prescription and takes that prescrip- have had a cold month and the heating dollars in debt. tion to her corner drugstore, all she oil is higher than they thought, they So this is a golden moment in Amer- cares about is, can I afford to get this may say I feel great now, the signs ican history. The economy is strong. medicine that is going to make me bet- that I went in with are gone, and they Revenues are coming in. The budget is ter? She is not out to kill the pharma- do not get that second month of pre- balanced, and we have an opportunity ceutical industry. She is not out to kill scription. Pretty soon, that problem is now to take another leap forward; and the biological industry or her corner back; it is worse. It means hospitaliza- that leap forward, I think, involves cre- pharmacist, for that matter, or the in- tions. It means doctors’ bills. We pay ating this prescription drug benefit. It surance industry. What she wants to for that side of it, under Medicare, and is a quality of life item. We have the know is, can I afford at a reasonable it is time that we lift the shells that opportunity to do it, and again there is cost to get this drug so that I can take we have got the pea under and make not any question in my mind that it home and get better and feel better sure that everybody sees them and re- there is enough talent in this town, and enjoy the rest of my days? alizes that regardless of where it hap- some of it actually in the Congress, What we have to figure out here as pens in the system, somebody has to be certainly in this staff and elsewhere, policymakers is how to bring all of responsible and somebody is paying. enough talent in this administration,

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.109 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H501 talent in both the Republican and care to the seniors in the community time say to Congress, I will sign a bill Democratic parties and a willingness health centers and rural health clinics. that eliminates the earning limits that across this Nation to do this, that we We went back and in a bipartisan way, we created on seniors, an opportunity can do this. very quickly, without a lot of public for those that want to continue to This is a solvable problem, and if we debate, we found those areas and we work, that choose to work voluntarily, decide not to care who gets credit for it strengthened them. Today, those sen- possibly stay in a private sector health and work together across party lines, iors in North Carolina that go to the plan; but the key thing is that they re- it can and it will be done. I just hope rural health clinic and in every State alize that the longer they work, the that all of the Members of the House now have quality delivery, a delivery healthier they are. Those that make and Senate who can hear the sound of system that they are not going to that choice will not be penalized now my voice take that to heart and decide worry whether it is going to be there under the Tax Code. that this will be the year that we will next year. If there is an area that we penalize do this in a bipartisan fashion, get the That is the opportunity we have with them, it is suggesting that when they job done. drugs. We can put aside the partisan- get to a certain age the only thing we Mr. BURR of North Carolina. Mr. ship of it. We can commit with the provide is a limited health coverage for Speaker, the gentleman raises an im- President to do a plan, let it pass the them, and I think we have a responsi- portant point that we need to remind test of seniors, let it pass the test of bility and an obligation to make sure everybody of. The House of Representa- the American people, the American that we do develop a model that is uni- tives does not have the ability to do it taxpayer. Those are the two most im- versal, that it is accessible and it is af- on their own. The United States Senate portant. The least important is the fordable for everybody, regardless of does not have the ability to do it on its personal agendas of individuals up who is paying the bill, a subsidy or an own. Our Founding Fathers designed a here, whether it be at this end of Penn- individual. I think that is a test that very difficult system, but a system sylvania Avenue or the other. we will ultimately be under, and I look that works. It has its checks and bal- I am willing to work with the gen- forward to working with the gentleman ances, but it requires the legislative tleman from Pennsylvania (Mr. GREEN- on it. branch and the executive branch to WOOD) and with our other colleagues on Mr. GREENWOOD. Mr. Speaker, I agree. both sides of the aisle and let seniors, thank the gentleman from North Caro- It means that we not only have to the associations that represent them, lina (Mr. BURR) for joining me on this pass the test of our 434 colleagues and the American taxpayer, judge our prod- Special Order this evening, as well as our 100 colleagues in the Senate, and uct at the end on the value of it to our colleague from Michigan (Mr. the executive branch’s power over them and of the scope of coverage and UPTON) and our colleague from New whether something moves, but we have of the quality of life that it provides Mexico (Mrs. WILSON). the American people to deal with, too. for all of them. We have to pass the test of: Is this a Mr. GREENWOOD. Mr. Speaker, the f good product to them? That is not just whole concept of aging is changing dra- CELEBRATING BLACK HISTORY limited to the 30-plus million seniors, matically in this country. It was not MONTH because certainly the payment in the very long ago that people in their six- subsidy, the safety net is created by ties and their seventies, because of the The SPEAKER pro tempore (Mr. the American taxpayer. state of the health care, they became GUTKNECHT). Under the Speaker’s an- We have not done a good job of ex- feeble a lot faster and were not as vital nounced policy of January 6, 1999, the plaining in the past what Congress did as seniors are today. That trend can gentleman from Illinois (Mr. DAVIS) is and why they did it. I think the reason only continue. recognized for 60 minutes as the des- that they did not was that we are find- My mother and father are 78 years of ignee of the majority leader. ing they did not do some things just age, and I admit this with a certain Mr. DAVIS of Illinois. Mr. Speaker, I exactly right. amount of hesitancy, but it was just want to compliment my colleagues on We have an opportunity, as the gen- about a year and a half ago that my a very interesting discussion that just tleman said, as we head to a period mother and father and I, on a dare took place, especially as it relates to where as we pay down debt, we could from my father, jumped out of an air- health care and the role of community alleviate off of our annual expenditures plane at 13,000 feet and went skydiving health centers and rural health centers $260 billion worth of interest payments together. That is pretty good for a cou- in providing for the health of this Na- every year, interest payments that we ple of septuagenarians. I think the tion. get zero for. We do not educate chil- baby boom generation expects to ex- As we continue to celebrate African dren. We do not provide health care for tend its years of vitality even farther, American History Month, a time that seniors. We get zero in services. That is and we expect to be still physically is set aside largely due to the efforts of the one area that infuriates me as a able and fit and enjoying life well into Dr. Carter G. Woodson, where we pause, taxpayer, that we cannot get that in- our seventies and our eighties and our take a look at the contributions as terest off and we cannot do it until we nineties, and of course the fastest well as the needs, hopes and aspira- pay the debt. growing segment of the population is tions of African Americans in this As the gentleman knows, in North those above 100 years of age. country, I am pleased to be joined by Carolina I have a mix of every type of Nothing more than the advancement my colleague, the gentlewoman from health care in this country. I have of these miracle medicines, these mir- the Virgin Islands (Mrs. CHRISTENSEN), some of the finest medical universities acle pharmaceutical products, these who is a physician, has been a prac- at Wake Forest and Chapel Hill and coming biological products that will ticing physician, and who has been a Duke and East Carolina. I also have result from the human genome study director of clinics and community some secondary hospitals that I think will continue to enhance the vitality of health centers, who currently serves as are models in the county, in Alamance our elderly. chair of the Congressional Black Cau- County and Surry County, North Caro- That is why, again, we have this cus’ Health Brain Trust, but is indeed a lina. golden opportunity here to make the dynamic Member of this body. I also have rural health clinics and golden ages more golden for genera- Mr. Speaker, we come to talk a bit community health centers. They treat tions yet to come, and I look forward about not only the contributions of this population as well, and their live- to working with my colleague and, pioneer African Americans in the area lihood has been Medicare. hopefully, we will get it done this year. of health, but also as we look at con- It was so important that we went Mr. BURR of North Carolina. Mr. tinually the health problems and dis- back the end of last year and we beefed Speaker, I look forward to working parities that exist in our Nation, espe- up some of the reimbursement changes with the gentleman from Pennsylvania cially as they relate to the needs of Af- we made in the Balanced Budget Act of as well. rican Americans. So I say to my col- 1997, because we saw that we were fall- We are at a time where this week league, it is a pleasure to be here with ing short of supplying the best health alone we saw the President for the first her this afternoon.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.110 pfrm13 PsN: H16PT1 H502 CONGRESSIONAL RECORD — HOUSE February 16, 2000 b 1415 she was also a fervent supporter of This year’s theme is Heritage and Mrs. CHRISTENSEN. Mr. Speaker, I women’s suffrage and is said to have Horizons: The African American Leg- am pleased to join my colleague, and I been one of the first black women in acy and the Challenges for the 21st thank him for yielding to me. Boston to have registered to vote. Century. As we face this new century, I wanted to just talk a bit first about I am a member, too, of the National there are many challenges for us in some of the women in medicine. As my Medical Association, as my colleagues health and science. We in the Congres- colleague knows, I have the privilege of know, and it has had several out- sional Black Caucus, together with being the first woman physician in the standing female presidents. The first community and faith-based organiza- U.S. Congress. And I am very grateful was Dr. Edith Irby Jones, who was the tions and leaders around this country, to my constituents of the U.S. Virgin first African American to enter the are poised to meet those challenges, Islands for voting me into this position University of Arkansas School of Medi- drawing on the rich legacy that in- and allowing me to have that honor. cine. She graduated from that institu- spires us and compelled by the dispari- Mr. DAVIS of Illinois. Mr. Speaker, tion with an M.D. in 1952 and served as ties in health that still confront us and they sound like they were some very the National Medical Association call us to action. wise people. president in 1985. Mr. DAVIS of Illinois. Mr. Speaker, I Mrs. CHRISTENSEN. But before I Dr. Irby Jones was later followed by thank the gentlewoman for her com- even begin to talk about the women, I Dr. Vivian Pinn in 1989. In that year, ments. want to spend the first few moments to the board was also chaired by a woman, She mentioned two ladies, Dr. Irby brag a little bit on behalf of my con- Dr. Yvonne Chris Veal of New York, and Dr. Elders, both of whom had some stituents that, indeed, the first African who later went on to be the first connection with the State of Arkansas, American physician to serve in the woman to serve in both capacities a State that I know a little bit about U.S. Congress was also from the Virgin when she became president of the NMA in terms of having grown up there. As Islands, and that was Doctor, Gov- in 1995. a matter of fact, I know many mem- ernor, and Congressman Melvin H. Dr. Vivian Pinn was also the first bers of Dr. Elders’ family. Evans, who served from 1978 to 1980 be- permanent director of the Office of Re- It occurred to me as my colleague fore becoming ambassador to Trinidad search on Women’s Health at the Na- was talking about the things that peo- and Tobago. tional Institutes of Health, where she ple had accomplished who, in spite of Although women of African descent still serves in that capacity. coming from situations that, at the have been providing health care in our In 1991, Dr. Alma Rose George of very least, would have seemed to have communities in this country from Michigan became the third woman to been difficult, and I really think of times of slavery, it was not until 1864 head this prestigious organization, even the African Americans along with that Rebecca Lee Crumpler became the which represents the African American others who opened black medical first woman to be awarded a doctorate medical community. schools during the 1800s, shortly after of medicine in the United States. She Two other of the many notable black slavery, I mean individuals whose par- was a graduate of Female Medical Col- women physicians are Dr. Joycelynn ents had been slaves and whose grand- lege. Elders, who served as U.S. Surgeon parents had been slaves. Dr. Rebecca Cole was the first black General from September 1993 to De- Now we find these individuals actu- woman to graduate from Women’s Med- cember 1994. Her mission was and still ally opening medical schools and ical College and, by most accounts, the is to change America’s thinking about teaching others to become physicians second black woman physician in the health by emphasizing prevention. She and medical professionals. United States. She worked for a time initiated programs to combat youth And then I look and even today I am with Elizabeth Blackwell, who was the smoking and teen pregnancy, as well as somewhat alarmed, because as I look first white female physician in this to increase childhood immunizations. at minority employment in health pro- country. She advocates public health over pri- fessions, that only 1.9 percent of the Dr. Cole was soon followed by Susan vate profits and health care reform, speech therapists are African Amer- Smith McKinney Steward and Sarah openness over censorship and sex edu- ican, 2.8 percent of the dentists are Af- Loguen Fraser. Dr. Susan Smith cation, and rehabilitation over incar- rican American, 3.9 percent of the den- McKinney Steward graduated from ceration in the war against drugs. tal hygienists, 4.1 percent of the phar- New York Medical College in 1870 and Another outstanding woman physi- macists, 4.2 percent of the physical was the first woman doctor of African cian is Dr. Mae Jamison, who was the therapists, 4.9 percent of the physi- descent in New York State and went on first African American woman to par- cians, 6.1 percent of the dental assist- to be co-founder of the Women’s Hos- ticipate in the space mission aboard ants, 6.5 percent of the occupational pital and Infirmary in Brooklyn. Sarah Loguen Fraser, who in 1876 re- the 50th space shuttle flight in 1992. therapists. ceived her MD from Syracuse Univer- She continues to share her knowledge I guess my question becomes, why sity College of Medicine, was also one through speaking engagements and does it still seem to be so difficult for of the early African American women teaching at the university level. African Americans to become health in medicine in this country. These individuals are representative professionals at a greater number than There are so many outstanding of the many women and men as well what we are currently experiencing? I women in medicine, not all of whom who have served our communities in mean, why only a small percentage of are doctors, and let me just tell you of the 50 States and the Territories and the dentists, 2.8 percent, or such a a few more of them from the 19th cen- contributed to the improved health of small percentage of the physicians in tury before talking about some of the African Americans and all people of this country, 4.9 percent? Why do you outstanding women of this century. color, indeed of all Americans. They think we are still facing that phe- The first African American woman to are the reason that I and many of my nomena in this country? earn a doctor of dental surgery degree colleagues have been able to practice Mrs. CHRISTENSEN. Mr. Speaker, in 1890 was Dr. Ida Gray Nelson Rollins, medicine today. my colleague just pointed out one of who was a graduate of the University As we proceed into the 21st century, the great challenges that face us for of Michigan Dental School; and she we should no longer have the first Afri- this century, educating more of our practiced in Cincinnati and in the can American or the first female for daughters and sons and bringing them hometown of my colleague in Chicago. any position. Despite the strides that into the health professions. Mary Eliza Mahoney is reported to these women and others have made, I guess I would have to start back in have been the first black professionally unfortunately, though, there is still the schools that they attend. As my trained nurse in the United States. much work to be done. colleague knows, in many of the inner Born in Roxbury, Massachusetts, she I salute all of those who have paved cities and in many of our rural areas was employed as a maid at the local the way for today’s and tomorrow’s schools are in disrepair, they are un- hospital before entering her training. practitioners of medicine and thank safe, they are ill-equipped, and they are In addition to Ms. Mahoney’s notable them for opening the doors of oppor- short on staff, as well. So the prepara- activism within the field of nursing, tunity for all of us. tion that our children receive as they

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.113 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H503 go through elementary and secondary professions and especially perhaps they ficulty. It has reopened now as a part school leaves a lot to be desired, and it ought to be looking in the nursing of the Cook County health care system starts at that level. arena. Not that they necessarily have but not as a private African American- Of course, we are now faced with to stop there, but certainly that is an owned, community-owned hospital. propositions that have closed the door area where job opportunities do in fact Mrs. CHRISTENSEN. I think that is of medical schools to many African exist. a challenge that is being faced across Americans and other students of color Mrs. CHRISTENSEN. Mr. Speaker, I the country for our African American who desire to enter the medical profes- am glad that my colleague talked hospitals and hospitals that serve Afri- sion, and that is taking a serious total about this as it pertains to allied can American communities and the on the numbers as we were beginning health professionals. It is an area that poorer communities across the coun- to strive to make some headway there. is often overlooked. But the physicians try. In many of our districts that are And really it is more even than just and the nurses need the full team in represented by the Congressional Black the educating of our young people into the health care field to bring our pa- Caucus, hospitals are closing every the field of medicine. Because there is tients, who, as I said, are suffering in year. an increasing body of knowledge now larger numbers than any other popu- Mr. DAVIS of Illinois. I think the that demonstrates that when patients lation from diseases like stroke, where only answer that we are going to ulti- are under the care of a physician or a speech therapy and occupational ther- mately have is universal health care as health provider of the same or similar apy, physical therapy is critical to far as I am concerned and a national racial, ethnic, or cultural background their recovery. health plan that is going to provide that a better doctor-patient relation- Mr. DAVIS of Illinois. Mr. Speaker, I each and every citizen no matter who ship is established and out of that bet- guess what we are going to have to do he or she is, no matter where they ter relationship come better patient in some of these areas, my colleague might live, no matter where they outcomes and, therefore, better health. mentioned education and the difficul- might be, so that they have got access We have as a major challenge of this ties where some of the schools are not to quality health care and they are not century to eliminate the disparities in up to standard and where individuals going to be shut out because they just health care and heart disease and dia- do not get the early training, the early did not have the resources or they are betes and cancer and the diseases that education that they really need. not going to be put in a category of the non-poor, a category of being too kill African Americans and other peo- b 1630 ple of color in excess numbers. That re- wealthy to qualify for some of the enti- lationship is critical to that. I guess we are going to have to even tlement activity but really too poor to Mr. DAVIS of Illinois. Mr. Speaker, go beyond that. I was just looking and pay for health insurance, too poor to what is really alarming to me is when reading how a report, the Flexner Re- really have a regular physician, to go I look at the tremendous shortage of port, which was done as a result of to a doctor. We have got to change nurses. I mean, we can go to almost some resources made available by the that. any hospital and there is a need for Carnegie Foundation in 1910, that after Hopefully, the initiatives this year nurses, yet there appear to be not the the report there were six black medical that are designed to reduce the dispari- numbers of individuals especially com- schools existing at that time, but after ties, to close the gap, hopefully those ing from the African American commu- the report, four of those six ended up initiatives will build upon the nity and especially that part of the Af- being closed; and the only two left were strengths that we have seen and come rican American community that I am Meharry and Howard. And so standards the next year and the next year, we very much familiar with. in terms of the definition of standards will be much closer to equity than Mrs. CHRISTENSEN. Mr. Speaker, if and who set the standards and how the where we currently are. I might say, I want to just applaud standards are set oftentimes determine Mrs. CHRISTENSEN. Mr. Speaker, I both the National Black Nurses Asso- the extent to which not only do indi- agree with the gentleman. We have ciation as well as the National Medical viduals get in but also the extent to made some strides. We have increased Association that has been fighting this which institutions may continue to portability; we have extended health battle for many, many years and con- thrive, to survive and to function. insurance to children who were pre- tinues to. I cannot help but recall Dr. Charles viously uninsured. We are continuing The National Black Nurses were on Drew, the pioneer in blood plasma, who to expand the Children’s Health Insur- the Hill just a few weeks ago, and one after all the work that he had done and ance Program and Medicaid. But those of their major focuses is on bringing all of the advances that he had made are just steps on the way to the ulti- more of our young men and women had an accident and supposedly died mate goal, which must be universal into the nursing profession. because he really could not get service health insurance. Mr. DAVIS of Illinois. Mr. Speaker, at the hospitals that were nearest to The gentleman talks about the his- it would just seem to me that, espe- him because he was African American, torically black colleges and univer- cially as we talk about unemployment he was black; and that time those hos- sities that have medical schools. They and as we go into certain areas and as pitals denied him the opportunity to be need resources. When he talks about there is uncertainty about what fields served, which means that in addition some of the political activity that has individuals should pursue and go into to the technical things that we have to to take place, we need to work very even those individuals who are avail- do, the political things that we have to diligently to make sure that our med- able to attend colleges and universities do relative to creating the resources, ical schools that primarily are African sometimes seemingly come out and providing the money, that there are American-serving as well as the His- might have majored in areas where still some attitudinal changes that panic-serving institutions and the Na- there did not seem to be many job op- must occur in our society if there is to tive American-serving institutions portunities, and yet if you go down to be the kind of equity that we desire, have the resources they need because the community hospital and there is a the kind of equity that we are talking the education of people of color to sign saying ‘‘nurses wanted,’’ or you go about. serve communities of color because we to the medical center and there is a I mean, it pains me to know, for ex- know of the effectiveness of the rela- sign saying ‘‘nurses wanted.’’ ample, that the Daniel Hale Williams tionships that are formed there are So I guess I would also, then, want to hospital, the Provident Hospital that critical to eliminating the disparities take this opportunity to suggest, espe- was founded by Dr. Daniel Hale Wil- in health and elevating the health sta- cially to African American youngsters, liams, an African American physician tus for the entire country. that if they are looking for a career, who performed the first open heart sur- Mr. DAVIS of Illinois. I certainly but to anybody, if they are looking for gery and who established because he agree that we must have the resources. a career and they want to make sure had met a nurse who had had difficulty There is simply no doubt about it. We that there are opportunities in that being trained and he set up this train- have to find new avenues, new systems, field or in that career, then perhaps ing school, eventually it became a hos- and new approaches. But I am just they ought to be looking at the health pital. Yet it had ultimately some dif- amazed when I look back into history

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.114 pfrm13 PsN: H16PT1 H504 CONGRESSIONAL RECORD — HOUSE February 16, 2000 and see what individuals were able to value of African American History roles that our parents and grand- do. I was looking at African Americans Month, not just to have pageants, not parents and others have played in who had been inventors. Some of this is just to have plays, not just to sing terms of being the bridges and being back during the time of slavery when songs, not just to glory in the athletes the shoulders, I could never do any- slaves, of course, could not have pat- and entertainers but to really look at thing in relationship to the celebration ents; and so African Americans may the history of a people who have had to of African American History Month have significantly been involved in make creative use of the art of strug- without celebrating my parents, my some inventions that they never got gle, who have had to make the best use mother and my father. the credit for. of themselves to come from a position My father is 87 years old; and, fortu- For example, it is suggested that of where they were, always moving in nately, he is still around. We say that when Alexander Graham Bell invented the direction of where they ought to he was a doctor of sorts, but he really the telephone, he had Lewis Latimer, a be, and realizing that when you get to was not. He was a doctor because he be- black man, to draft the plans, and that the basement, that you are not in the lieved so much in himself. Mr. Latimer had been a member of the penthouse, and that you have got to I shall never forget, he actually cut a Edison Pioneers; and this was a group keep coming. calf’s leg off once. I mean, we were of individuals who had actually worked But also understanding what Carter farmers, and the calf’s leg got hurt and for Edison. Then we go back to even G. Woodson attempted to teach us set up gangrene, and my father decided people who lived in the 1700s, Benjamin about the whole notion of mind con- that he had to save this calf, that we Banneker, who is sometimes called the trol. Carter Woodson wrote this tre- could not afford to lose it. So he simply first black scientist in this country of mendous book, The Miseducation of got his ax, sharpened it as sharp as he any real note. the Negro, and he suggested that if you could get it, got himself some ashes And of course, Banneker helped to control a man’s mind, you do not have and soot and coal oil and chloroform, lay out the plans for the city of Wash- to worry about how he will act. That had my brothers and I to hold this calf, ington, D.C. He was an engineer. He re- is, if you control a man’s mind, you do and cut the calf’s leg off. The calf ceived a presidential appointment. It is not have to tell him to go hither or lived, and we had a three-legged cow just amazing that he could have done yon, you do not have to tell him to go from then on. We were the only people, that. Then there was Joe Anderson, a to the back of the bus, you do not have and we actually kept the cow until we slave who was believed to have played to tell him to go to the back door. finally took her to the auction in a a major role in the creation of the Woodson said that he will find his place place called Eudora, Arkansas; and sold grain harvester that Cyrus McCormick and stay in it. And that if he goes to the cow at the auction. My point is that if people believe in got all of the credit for, the McCor- the back door and there is no door, he themselves, if they can believe that mick reaper. But Joe Anderson helped will cut one out. they can do things, I had 100 chickens him do it. But the point that he also made is Ben Montgomery, another slave, who that once individuals get through the one year in the 4–H Club. I was a 4–H Clubber, and these chickens would fol- actually belonged to Jefferson Davis, door, then they need to reach back and low me around everywhere I went be- and he was supposed to have improved help bring somebody else along; that it cause I would feed them. a boat propeller. Then there were other makes no sense to go through the door alone; and that you really move as an One day I stepped on one’s neck and people like Henry Blair who invented a broke the chicken’s neck. Well, I really seed planter, Norbert Rillieux who pat- individual as you help to create oppor- tunities for others and as you help to felt badly about it, so I thought I ented a sugar refining evaporator, would become a physician. I got myself Louis Temple invented a harpoon for move the group. And so we do not nec- essarily just revere these individuals in a piece of wood, a small piece of wood, killing whales. This is back in 1848. put it on the chicken’s neck, put some Henry Board created an improved bed terms of saying Dr. Daniel Hale Wil- liams was a great doctor or Dr. Percy coal oil on there and tied it together, frame. and, would you believe that the chick- James Forten was actually one of the Julian was a great scientist. We say that Dr. Daniel Hale Williams was a en lived? The chicken always walked few blacks that became wealthy from like this, but the chicken lived. I ended an invention. He came up with an in- great doctor because he saved people’s lives, because he created an institu- up that year with my 100 Rhode Island vention that helped to guide ships. Yet Reds intact for my 4–H Club project. these individuals could not have had a tion, he helped people to become well, he provided opportunities for others to The other point is when you try great deal of formal education, or they something, you do not know if it will could not have had a lot of opportunity grow and develop and to become and to be. That really becomes the greatness work. If you want to go to medical to have developed themselves. Take school, start getting ready to go. Just Granville Woods who invented a steam of the people as opposed to the indi- vidual just simply being a great person. because you live in the inner city does boiler furnace. I guess my point is that not mean you cannot go to medical if these individuals were able to come That is not the point at all. Mrs. CHRISTENSEN. I agree that we school. Just because somebody said up with the inventions with the cre- have many budding and potential sci- your school might not be the best, if ativity, had all of this potential, then entists, inventors, great doctors and you want to go to medical school, start certainly young African Americans health professionals in our community preparing right now and decide, I am today, who do not necessarily have eq- that just need the opportunity. I am going to be a doctor, I am going to be uity in each and every instance but also thinking that through some of our a nurse, I am going to be a scientist, I certainly have much more to work education initiatives this year that am going to be an astronaut. I am with than these inventors, like Madam will help to open the doors for them to going to do whatever it is that I want C.J. Walker who came up with hair become those inventors, those physi- to do. Then, by golly, prepare yourself, products that women could use in the cians, those scientists. and God will do it. cosmetic line, and of course, became Mrs. CHRISTENSEN. I think that is the first African American female to b 1645 the purpose of Black History Month become a millionaire. We have had the Mr. DAVIS of Illinois. I think of my and what we are doing tonight, to hold first doctors, but she also became the mother, who was probably in many up for our children some of the people first millionaire in terms of being a ways when I was a kid my greatest doc- who have excelled in science, many businessperson. tor. I do not know how she could do it, against great odds and through great And so I make a plea for young Afri- but if I had a fever or was catching a obstacles. As you said, it is important can Americans to not only look at the cold, somehow or another it seemed as to look back and realize that we are history, that is, to go back and see though she could come into the room, here and have achieved because of our what other individuals have done, not put her hand on my head and the fever parents, that we stand on the shoulders to just be aware of it, not to just bask would be reduced, and, if it did not get of all of those who came before, and in it but to also understand what they reduced, I certainly felt like it did. that we must provide the shoulders for themselves can in fact do. That, I The legacy of what it is that we have those who are coming along behind us. think, really becomes a real part of the had the opportunity to experience, the It is a very important message.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.116 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H505 Mr. DAVIS of Illinois. Well, I want to was rather odd that on a 3 to 2 vote in weeks, actually vacated that order by, thank the gentlewoman for joining me the FCC, that is the three Democrat in this case, a 4 to 1 vote. this afternoon. It has really been a appointees, including the chairman, So the FCC basically I think realized pleasure, and not only to talk about voted in favor of these what I think they had erred, not only from a con- history, but also to talk a little bit can only be described as limitations or stitutional standpoint, but certainly a about mystery. restrictions on religious broadcasting, procedural standpoint, in changing the I always believe that if you break whereas the two Republican members policy as it related to religious broad- ‘‘history’’ apart, I was taught to read voted against, that it raised some seri- casting, and thought perhaps that they phonetically, and if you say ‘‘history,’’ ous questions as to whether the FCC would, by vacating the order, turn that becomes ‘‘his story.’’ But if you majority did indeed have an agenda down the heat a little bit. say ‘‘mystery,’’ then that becomes ‘‘my that was not in the best interests of re- Part of the reason I wanted to ask story.’’ Certainly I would hope that ligious broadcasting. the opportunity to speak on the floor is every young African American in this Now, over the years in non-commer- to make certain that people under- country especially would realize that cial licenses, religious broadcasting stand that we are not going to let this they are in the process of creating and had prima facia met the requirements issue die by any means, because there writing and making their own story, of educational and cultural under their are some real issues at stake here, one and that they really do not have to live programming, and this was never an of which is I wonder what is the real through other people’s dreams. issue, and it was not until this issue agenda for the FCC truly. Dr. King had a dream, but he did not came up in this license swap over the As a matter of fact, the only Com- have a patent on dreaming. He had a holidays that it really did raise some missioner to vote against the reversal dream, but he did not get a patent, serious questions. of the FCC decision, Commissioner which means that you can live on 63rd I was so concerned about it, Mr. Tristani, said in her dissent that she street and have a dream, you can be Speaker, that I, during the recess, be- would continue to act as if the addi- down in the Mississippi Delta and have fore the Congress adjourned again in tional guidance were still in effect. a dream. January, started drafting legislation Since it was duly overturned by the Mrs. CHRISTENSEN. Or in the Vir- that would reverse the FCC decision FCC as a commission, I would say that gin Islands. and also required that when the FCC is quite an outrageous statement. Mr. DAVIS of Illinois. Or in the Vir- was going to make this severe policy She said, ‘‘I, for one, will continue to gin Islands, and have a dream. So we change, that they had to follow the Ad- cast my vote in accordance with the will just keep on dreaming, we will ministrative Procedures Act, have views expressed in the additional guid- keep on working, we will keep on be- these hearings in the open, have public ance.’’ lieving, we will keep on doing politics, comment, just like they would do with So despite the fact that the Commis- and we will keep on celebrating black any other issue that comes before them sion realized the error of its ways, at history. I want to thank the gentle- as a ‘‘independent’’ agency. least one Commissioner has gone pub- woman again so much. That really became kind of a rallying lic in basically saying that she wants f cry then for Members of Congress. For to make certain that the religious the religious broadcasting community, broadcasters have to jump through cer- RELIGIOUS FREEDOM AND the millions of people who listen to re- tain hoops to be able to have their li- RELIGIOUS BROADCASTING ligious broadcasting and watch reli- cense. The SPEAKER pro tempore (Mr. gious broadcasting, it became a very That really raises a question, Mr. GUTKNECHT). Under the Speaker’s an- big issue with them, as you might Speaker, as to if the FCC is talking nounced policy of January 6, 1999, the guess. about content, and they clearly are, gentleman from Ohio (Mr. OXLEY) is It was not until our bill was intro- and in their order, their initial order recognized for 60 minutes. duced, initially with about I think 65 they said that you have to understand Mr. OXLEY. Mr. Speaker, I want to cosponsors, which is not bad consid- that part of your programming, half of address the House regarding the issue ering the fact that Congress was not in your programming, has to be edu- of religious freedom and religious session, and we are now up to I think cational or cultural, and, by the way, broadcasting. 120 cosponsors for my legislation, and I religious services, for example, do not A little bit of background, if I could. will get into that a little bit later, but fall into that category. This whole issue began on December 29 as the bill was introduced and it start- Now, for people who are shut-ins, who when the Federal Communications ed drawing some attention throughout are unable to go to church on Sunday Commission in a decision based on a li- the country and I was inundated with or any other time, to be able to see re- cense swap, a license swap in this case phone calls and E-mails. ligious broadcasting on television is in Pittsburgh, Pennsylvania, between a I might point out that, Mr. Speaker, truly a lifeline for these people, and commercial broadcasting station and a this is a compilation of all of the E- the majority initially of the FCC and non-commercial broadcasting station. mails that I have received to date at Commissioner Tristani basically says In this case the religious broadcaster least that are supportive of our legisla- that you could not be able to do that, was seeking to swap their commercial tion and are very concerned about the and, by the way, somebody has to de- license for a non-commercial license, role of religious freedom and religious cide what that content is; somebody something that, by the way, is rather broadcasting freedom in this country. has to decide what educational and cul- routine at the Federal Communica- I think it is quite remarkable, I had tural requirements are met. That tions Commission. When the license exactly two folks give me E-mails would be, of course, the FCC. swap came up, the FCC allowed the against the legislation. One of those b swap, but said that, based on their opposed, and I quote, referred to ‘‘su- 1700 opinion, the religious broadcaster, who perstitious nonsense,’’ and then he put Well, that puts the FCC up against was going to have the non-commercial in parentheses ‘‘religion.’’ So appar- the First Amendment. license, that they needed additional ently at least one person opposed to There was a reason why the Founding guidance in regard to their religious our position considers religion ‘‘super- Fathers created the First Amendment, broadcasting and whether that reli- stitious nonsense.’’ freedom of speech, freedom of religion, gious broadcasting fell under the re- I think that says a lot about where the very core of what it means to live quirement that the majority of pro- people are coming from in this country in this country. It was not the Second gramming be educational or cultural. and the vast majority of Americans Amendment, it was not the Eighth This was a little noticed opinion in who have spoken loudly and clearly on Amendment, this was the First Amend- license swap, except that some very this issue, so much so apparently that ment. I think it is important that we alert member of my staff was able to the FCC started to hear from people stress that when we talk about this ef- find this decision and in fact brought it out there. They heard from Members of fort by the FCC. to my attention. The more we looked Congress, they heard about my bill, So despite the fact that they vacated into it, the more that we thought it and, in a matter of a couple or three the order, I am convinced that there is

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.118 pfrm13 PsN: H16PT1 H506 CONGRESSIONAL RECORD — HOUSE February 16, 2000 still an agenda over at the FCC and Another one: ‘‘In a land where we recess. Actually, I think it was some- why it is important that we move for- often hear of the need for tolerance, time between Christmas and New ward with the Religious Broadcasting Christianity is being less and less tol- Year’s Day. It constituted what I con- Freedom Act that I have introduced, erated. If society truly believed in tol- sider is an outrageous infringement on along with 120 other of my colleagues. erance, they would have to include tol- constitutional guarantees of freedom of Mr. Speaker, I particularly want to erance for Christianity. I am a strong religious expression; and it threatened pay tribute to my original cosponsors, believer in the separation of church to set a very dangerous precedent that and two of them are here with us today and government and that the govern- could lead to the narrowing of a defini- and will be speaking momentarily, the ment should not establish religion, but tion of what is considered educational. gentleman from Texas (Mr. HALL) and to me, that means the government Now, if that is going to be the subject a member of the Committee on Com- should not be hostile to religion or do of hearings, we want Congress to be in merce; and the gentleman from Florida things to hinder the free exercise of re- session. We want to have the right to (Mr. STEARNS), a leader in broadcasting ligion. The recent actions of the FCC introduce testimony. We want people issues throughout his career here in clearly were the government taking a to come from the far corners of this the Congress. They will both be speak- prejudicial position against religion.’’ country that want to testify and have ing as well on this issue. I also want to This final one: ‘‘I am weary of the some input on what we consider is edu- pay tribute to the gentleman from FCC thinking they have the authority cational. We do not leave it up to a Oklahoma (Mr. LARGENT) and the gen- to tax and change policy on a whim.’’ handful of people that are appointed tleman from Mississippi (Mr. PICK- That gives my colleagues an idea, and answerable to one person. ERING) and the gentleman from Okla- Mr. Speaker, of the support that people Well, the FCC was dead wrong from homa (Mr. COBURN) and the gentleman have given us out there, and I am sure both a procedural and a constitutional from Missouri (Mr. BLUNT), all initial that other Members have their own standpoint. They acknowledged that sponsors of this bill, and ones who en- stories to tell as well. they had created a ‘‘widespread public joined the Oxley Religious Broad- With that, let me recognize, in their confusion’’ as a result of its ruling. At casting Freedom Act in response to order of appearance, the gentleman least they turned the table back, and their constituents calling and asking from Dallas, Texas (Mr. HALL), who has at least they killed their ruling. Yet, that they do so. been one of our stalwarts on the Com- we have not gone far enough. We have Before I yield the floor, I would like mittee on Commerce. This is a bipar- to pretty well put something in stone to, if I can, Mr. Speaker, just quote tisan effort, and I do want to recognize to give them some direction for the fu- from a few of the e-mails I have re- my friend from Texas for his remarks. ture. Now, that is what the gentle- ceived from all over the country. I Mr. HALL of Texas. Mr. Speaker, it man’s bill does. think it gives a little bit of flavor of is good when one can make something Religious groups and thousands of where people are coming from on this happen that ought to happen, and that concerned citizens have joined all of issue. This one: ‘‘Thanks for upholding is exactly what the gentleman from these Members of Congress that the the First Amendment.’’ This one: ‘‘You Ohio (Mr. OXLEY) and others that he Chairman has talked about in express- spoke to the millions of people all over has given credit to, have done here. ing their strong opposition to this ini- this country who believe that the ex- I rise as a cosponsor of the Religious tial ruling. I am pleased that the FCC pressions of the churches and syna- Broadcasting Freedom Act. It is a bill listened to the American people and gogues do indeed serve the needs of that, of course, will help ensure that listened to the gentleman, and I am communities in this great country.’’ freedom of religious broadcasting is pleased that they listened to Congress Another one: ‘‘So little is left on the not threatened by the whims of the air for families to sit down and watch and quickly reversed their onerous de- government policy decisions. I want to together, and now the FCC wants to cision. However, our efforts do not end thank the gentleman from Ohio (Mr. take that away as well. Your efforts here. Oxley) for his outstanding leadership We have to ensure that the FCC will and those of several others in Congress on this, for his immediate leadership follow its normal rulemaking proce- will go a long way to protect the free- on it, and for his immediate action on doms we all enjoy and sometimes take dures, which include taking public it. I want to thank him for inviting me for granted.’’ Well spoken. comment and listening to people; peo- Another: ‘‘Those such as myself that to be the lead Democrat on this, be- ple having a chance to express them- are disabled and cannot attend church cause I am honored to get to be. selves in the future. Mr. Speaker, H.R. services rely on radio and television Mr. Speaker, I would be remiss if I 3525 will help ensure that such con- broadcasts. They are so very impor- did not thank the gentleman from fusing policy decisions do not reoccur, tant.’’ Oklahoma (Mr. LARGENT), who wrote and it will signal our support for con- Another one: ‘‘What I find disturbing and signed a letter with me to the com- tinued freedom of religious broad- is the notion that this ruling opens the mission and, of course, the gentleman casting on our Nation’s networks and door for someone somewhere to make from Florida (Mr. STEARNS), who is al- support for the First Amendment. decisions about what is and what is not ways on the right side of most issues Mr. Speaker, I urge my colleagues to acceptable speech on religious topics. that I come in contact with him on as join in support of the Religious Broad- One man’s proselytizing is another’s I serve on the Committee on Com- casting Freedom Act. evangelizing. How ironic that while merce. Mr. OXLEY. Mr. Speaker, I thank those hostile to faith are madly trying Mr. Speaker, in a recent ruling which the gentleman for his remarks and for to protect the right to express or view was subsequently reversed in the wake his continuing leadership on this. It is any vile thing on the Internet, they of congressional and citizen opposition, now my pleasure to call upon our good find this programming so offensive the Federal Communications Commis- colleague from Florida (Mr. STEARNS), that they want to suppress it.’’ sion stated that programming ‘‘pri- a member of the Committee on Com- Americans can be remarkably pre- marily devoted to religious exhor- merce and a leader on many broadcast scient and articulate when they are of- tation, proselytizing or statements of issues. fended by some of government’s deci- personally-held religious views and be- Mr. STEARNS. Mr. Speaker, I thank sions. liefs, generally would not qualify as my colleague from Ohio. Like the gen- Another one: ‘‘My mother, who is 87 ‘general education’ programming.’’ tleman from Texas, I compliment the years young, faithfully listens to the Now, the FCC also noted that church Chairman for his bill. religious programs each day and every services normally would not qualify as I say to my colleagues, if the gen- day, and this would have been a tre- general educational programs, so we tleman from Ohio (Mr. OXLEY) had not mendous loss if they were deleted from can see where they are coming from. brought this bill and had not acted the airwaves. Certainly, religious This ruling was issued, as the gen- quickly, from the conservative min- broadcasting serves to meet the edu- tleman from Ohio has said, without the istry of James Kennedy of the Coral cational, instructional and cultural benefit of public hearing. It was issued Ridge Ministry in Fort Lauderdale to needs of America. If we lose this free- without any benefit of public comment, the actual Christmas services of the dom, what next?’’ and it was issued while Congress was in Pope at the Vatican, we would not be

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.121 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H507 able to have these televised. These are and litigation.’’ Simply put, the more passed, because if we do not, from what two dramatic examples of services that the Commission attempts to generi- I see from the FCC comments of those are carried that people listen to. cally define which educational, in- who dissented after they reversed their So I think what we did in a larger structional, and cultural programming decision, they are still going to be sense is bring to bear the inadequacies will count for regulatory purposes, the working hard to change the size and of the FCC. He and I and others, includ- closer it will come to unacceptable scope of the programming in tele- ing the gentleman from New York (Mr. content regulation. The order indicates vision. GILMAN), are on a special task force to that church services generally would That is why I encourage in a larger try and reform the FCC. not qualify as a general educational sense this reform of the FCC, because So I am here to compliment the gen- program. We ask, however, why such they do not get the message. Without tleman on what he did; but in a larger programming might not qualify as cul- reform, and reauthorization with this sense, this points to the need for re- tural programming, just as a presen- reform, we will not be able to control form. So in my comments this evening, tation of an opera or any other types of this agency, control it in the sense I will be talking about that. things like that. that it better represents the citizens of The FCC’s actions, defining and regu- So last month, they finally, I guess it the country. lating noncommercial educational tele- was this month, they finally changed Mr. Speaker, I am here to congratu- vision stations, is something that we their decision, exercised some common late the gentleman from Ohio (Chair- should be concerned about, because sense, reversed all of their guidelines, man OXLEY) for what he did for the bet- they met on December 28, I believe it and I think that is, I know it is because terment of this country, for television, was, December 28, right after Christ- of the gentleman from Ohio (Mr. and I think for the long-term survival mas, before New Year’s, and issued an OXLEY) and the bill which I cospon- of the country, that we can have and order. Now, normally when they issue sored, an original cosponsor with oth- understand on television that religion an order, they have a hearing. They ers, and the fact that when he put it on is educational and it is part of our cul- ask for comments. But for some rea- the House floor, he got over 75 cospon- tural heritage. son, they decided to just go ahead and sors. So I urge the leadership to send a Mr. OXLEY. Mr. Speaker, I would bring this up and issue an order, message to the FCC that we just can- again thank the gentleman from Flor- vacating ‘‘the additional guidance.’’ not have this kind of behavior from the ida (Mr. STEARNS) and the gentleman The underlying problem with the FCC FCC, and we need to recognize that from Texas (Mr. HALL) for their strong in the first place is they should not this bill is important to pass and send leadership on this issue. have even done this without a hearing a message to the FCC that they should and having an opportunity for people not do this again. In closing, I would only point out, to participate. So this congressional scrutiny we Mr. Speaker, that I have had two dis- So the gentleman’s bill, H.R. 3525, had and this legislation has stopped cussions with the distinguished major- the Religious Broadcasting Freedom the FCC dead in its tracks. They re- ity leader, the gentleman from Texas Act, needs our support today. We versed themselves; and I think, as the (Mr. ARMEY), who is a cosponsor, and should pass it on the House floor. gentleman from Ohio (Mr. OXLEY) has he has indicated his strong desire to Of course, my main point in addition pointed out, the e-mails and all of the move this bill through normal proce- to that is to reform and reauthorize hundreds of letters that I have re- dures and through the Committee on this program to make their activities ceived, that he and other Members of Commerce and on to the floor of the more clear to them. Three of the five Congress confirm the need for his bill. House. So we are pleased that we have FCC commissioners decided on this in- a powerful ally in the majority leader, b famous date of December 28 last year 1715 and he feels as we do, that we cannot that in order for noncommercial edu- So I urge my colleagues this evening let this issue die, but must move for- cational television to retain their li- to pass the Religious Broadcasting ward. censes, they must devote 50 percent of Freedom Act that he introduced. It We are indeed the duly-elected rep- their programming hours to shows that will not only reverse the FCC regula- resentatives of the people, not an inde- are educational and cultural and whose tions pertaining to noncommercial re- pendent agency. We make policy, they purpose is to meet the educational, in- ligious broadcasters, but also require follow the policy. When they do not fol- structional, and cultural needs of the public comments, just a simple thing, low the policy, we make certain that community. require public comments before hand- the laws are clear as to how they will In doing so, three of the five FCC ing down any future changes to non- proceed. commissioners placed the FCC in the commercial licensing regulations. I again thank everyone for their at- position of reviewing and evaluating This is extremely important, for tention and for their good work on this all religious programming by con- there are still those at the FCC, judg- issue. cluding, ‘‘programming primarily de- ing from the comments of some of the voted to religious education, proselyt- commissioners after they reversed this, f izing or statements of personally-held in which they said it was a sad and religious views and beliefs generally shameful day to reverse this decision. would not qualify, would not qualify as They said that the FCC capitulated to LEAVE OF ABSENCE educational or cultural programming.’’ organized campaigns of distortion, and By unanimous consent, leave of ab- So basically they are saying that re- all we did is got on the House floor a sence was granted to: ligion is not educational, it is not cul- couple of times, the gentleman from Mr. BAIRD (at the request of Mr. GEP- tural; and as I said earlier, even the Ohio (Mr. OXLEY) got all these cospon- HARDT) for today on account of an un- Christmas services at the Vatican by sors, and they accused us of distortion avoidable family matter. the Pope would not qualify under the simply because we wanted to allow the Mr. BISHOP (at the request of Mr. FCC’s ruling. Church services in them- idea of religious broadcasting to be cul- GEPHARDT) for today on account of offi- selves would not qualify. As most of us tural and educational; and we wish, cial business in the district relating to know, many of us on Sunday after after 30 years it has been on television, the tornado disaster. church will even watch the television we wish that to continue. for additional services, and it is an in- There are still many people, Mr. Mrs. CAPPS (at the request of Mr. spiration for all of us. Speaker, at the FCC that want to go GEPHARDT) for today on account of a Fortunately, two of the commis- back and continue with the decision death in the family. sioners at the FCC had the foresight they did in the dead of the night De- Mr. COOKSEY (at the request of Mr. and common sense to realize the rami- cember 28. Fortunately, they will not ARMEY) for today on account of being a fications of their decisions. As the two be able to do that. That is why I think pall bearer at a funeral. commissioners said, regulations like it is extremely important that we con- Mr. EVERETT (at the request of Mr. this ‘‘may open a Pandora’s box of tinue our fight here on the House floor ARMEY) for today after 1:30 p.m. on ac- problems that will create confusion to continue to try and get this bill count of illness in the family.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.123 pfrm13 PsN: H16PT1 H508 CONGRESSIONAL RECORD — HOUSE February 16, 2000 SPECIAL ORDERS GRANTED Security Act (ERISA) during calendar year 991223349–9349–01; I.D. 012800E] received Feb- 1999, pursuant to 29 U.S.C. 1143(b); to the ruary 8, 2000, pursuant to 5 U.S.C. By unanimous consent, permission to Committee on Education and the Workforce. 801(a)(1)(A); to the Committee on Resources. address the House, following the legis- 6229. A letter from the Secretary of Health 6239. A letter from the Attorney General, lative program and any special orders and Human Services, transmitting the Com- Department of Justice, transmitting the re- heretofore entered, was granted to: munity Service Block Grant Program for port on the administration of the Foreign (The following Members (at the re- Fiscal Year 1998; to the Committee on Edu- Agents Registration Act covering the six months ended June 30, 1999, pursuant to 22 quest of Mr. FILNER) to revise and ex- cation and the Workforce. U.S.C. 621; to the Committee on the Judici- tend their remarks and include extra- 6230. A letter from the Director, Regula- tions Policy and Management Staff, Food ary. neous material:) and Drug Administration, transmitting the 6240. A letter from the Chief, Office of Reg- Mrs. MALONEY of New York, for 5 Administration’s final rule—Aluminum in ulations and Administrative Law, USCG, De- minutes, today. Large and Small Volume Parenterals Used in partment of Transportation, transmitting Mr. HOYER, for 5 minutes, today. Total Parenteral Nutrition [Docket No. 90N– the Department’s final rule—Frequency of Mr. PALLONE, for 5 minutes, today. 0056] (RIN: 0910–AA74) received January 31, Inspection [USCG–1999–4976] (RIN: 2115–AF73) received February 7, 2000, pursuant to 5 Mr. MCGOVERN, for 5 minutes, today. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Mr. FILNER, for 5 minutes, today. Committee on Commerce. 6231. A letter from the Assistant Legal Ad- Transportation and Infrastructure. (The following Members (at the re- viser for Treaty Affairs, Department of 6241. A letter from the Chief, Office of Reg- quest of Mr. FOLEY) to revise and ex- State, transmitting text of agreements in ulations and Administrative Law, USCG, De- tend their remarks and include extra- which the American Institute in Taiwan is a partment of Transportation, transmitting neous material:) party between January 1 and December 31, the Department’s final rule—Drawbridge Op- Mr. RADANOVICH, for 5 minutes, 1998, pursuant to 22 U.S.C. 3311(a); to the eration Regulations: Chelsea River, MA today. Committee on International Relations. [CGD01–00–001] received February 7, 2000, pur- 6232. A letter from the Executive Director, suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. FOLEY, for 5 minutes, today. Committee For Purchase From People Who mittee on Transportation and Infrastruc- Mr. DUNCAN, for 5 minutes, today. Are Blind Or Severely Disabled, transmitting ture. (The following Member (at his own the Committee’s final rule—Procurement 6242. A letter from the Chief, Office of Reg- request) to revise and extend his re- List Additions and Deletions—received Feb- ulations and Administrative Law, USCG, De- marks and include extraneous mate- ruary 7, 2000, pursuant to 5 U.S.C. partment of Transportation, transmitting rial:) 801(a)(1)(A); to the Committee on Govern- the Department’s final rule—Drawbridge Op- Mr. SHIMKUS of Illinois, for 5 min- ment Reform. eration Regulations: Reserved Channel, MA utes, today. 6233. A letter from the Chairman, Federal [CGD01–00–003] (RIN: 2115–AE47) received Communications Commission, transmitting February 7, 2000, pursuant to 5 U.S.C. f the semiannual report of the Office of In- 801(a)(1)(A); to the Committee on Transpor- spector General covering the period ending tation and Infrastructure. BILL PRESENTED TO THE 6243. A letter from the Deputy Executive PRESIDENT September 30, 1999, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 8G(h)(2); to the Com- Secretary, Department of Health and Human Mr. THOMAS, from the Committee mittee on Government Reform. Services, transmitting the Department’s on House Administration, reported 6234. A letter from the Chairman, U.S. final rule—Title IV–E Foster Care Eligibility that that committee did on this day Postal Service, transmitting the Semiannual Reviews and Child and Family Services State Plan Reviews (RIN: 0970–AA97) re- present to the President, for his ap- Report of the Inspector General and the Postal Service management response to the ceived January 31, 2000, pursuant to 5 U.S.C. proval, a bill of the House of the fol- report for the period ending September 30, 801(a)(1)(A); to the Committee on Ways and lowing title: 1999, pursuant to 5 U.S.C. app. (Insp. Gen. Means. H.R. 1451. To establish the Abraham Lin- Act) section 8G(h)(2); to the Committee on 6244. A letter from the Chief, Regulations coln Bicentennial Commission. Government Reform. Unit, Internal Revenue Service, transmitting the Service’s final rule—Passive Foreign In- f 6235. A letter from the Acting Director, Of- fice of Sustainable Fisheries, National Ma- vestment Companies; Definition of market- ADJOURNMENT TO TUESDAY, rine Fisheries Service, Department of Com- able stock [TD 8867] (RIN: 1545–AW69) re- FEBRUARY 29, 2000 merce, transmitting the Department’s final ceived February 7, 2000, pursuant to 5 U.S.C. rule—Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Ways and Mr. OXLEY. Mr. Speaker, pursuant Zone Off Alaska; Atka MACKerel in the East- Means. to Senate Concurrent Resolution 80, I ern Aleutian District and Bering Sea Sub- 6245. A letter from the Chief, Regulations move that the House do now adjourn. area of the Bering Sea and Aleutian Islands Branch, U.S. Customs Service, transmitting The motion was agreed to. [Docket No. 991223349–9349–01; I.D. 012700B] the Service’s final rule—Export Certification The SPEAKER pro tempore (Mr. received February 3, 2000, pursuant to 5 For Sugar-Containing Products Subject To U.S.C. 801(a)(1)(A); to the Committee on Re- Tariff-Rate Quota [T.D. 00–7] (RIN: 1515– NEY). Pursuant to the provisions of AC55) received February 4, 2000, pursuant to Senate Concurrent Resolution 80 of the sources. 6236. A letter from the Director, Office of 5 U.S.C. 801(a)(1)(A); to the Committee on 106th Congress, the House stands ad- Sustainable Fisheries, National Marine Fish- Ways and Means. journed until 12:30 p.m. on Tuesday, eries Service, Department of Commerce, 6246. A letter from the Deputy Secretary, February 29, 2000, for morning hour de- transmitting the Department’s final rule— Department of Housing and Urban Develop- bates. Fisheries of the Exclusive Economic Zone ment, transmitting the reports from Ernst & Thereupon (at 5 o’clock and 19 min- Off Alaska; Pollock in Statistical Area 610 Young LLP, Anderson Consulting and the National Academy of Public Administration utes p.m.), pursuant to Senate Concur- [Docket No. 991228352–0012–02; I.D. 012700A] received February 3, 2000, pursuant to 5 (NAPA) illustrating HUD’s 2020 Management rent Resolution 80, the House ad- Reform efforts; jointly to the Committees on journed until Tuesday, February 29, U.S.C. 801(a)(1)(A); to the Committee on Re- sources. Banking and Financial Services and Govern- 2000, at 12:30 p.m. for morning hour de- 6237. A letter from the Deputy Asst. Ad- ment Reform. bates. ministrator for Fisheries, National Marine 6247. A letter from the Federal Commu- f Fisheries Service, Department of Commerce, nications Commission, transmitting the transmitting the Department’s final rule— eighty-fourth Annual Report of the Federal EXECUTIVE COMMUNICATIONS, Fisheries off West Coast States and in the Trade Commission, pursuant to 47 U.S.C. ETC. Western Pacific; Coastal Pelagic Species 154(k); jointly to the Committees on Com- Fisheries; Annual Specifications [Docket No. merce and the Judiciary. Under clause 8 of rule XII, executive 6248. A letter from the Assistant Attorney 991229356–9356–01; 121799F] (RIN: 0648–AN36) General, Department of Justice, transmit- communications were taken from the received February 3, 2000, pursuant to 5 ting the report entitles, ‘‘Attacking Finan- Speaker’s table and referred as follows: U.S.C. 801(a)(1)(A); to the Committee on Re- cial Institution Fraud: Fiscal Year 1997 (Sec- 6227. A letter from the Secretary, Depart- sources. ment of Defense, transmitting the fiscal year 6238. A letter from the Acting Director, Of- ond Quarterly Report)’’; jointly to the Com- 1999 annual report on operations of the Na- fice of Sustainable Fisheries, National Oce- mittees on the Judiciary and Banking and tional Defense Stockpile, pursuant to 50 anic and Atmospheric Administration, trans- Financial Services. U.S.C. 98h–5; to the Committee on Armed mitting the Administration’s final rule— f Services. Fisheries of the Exclusive Zone Off Alaska; PUBLIC BILLS AND RESOLUTIONS 6228. A letter from the Secretary of Labor, Atka MACKerel in the Eastern Aleutian Dis- transmitting a report covering the adminis- trict and Bering Sea Subarea of the Bering Under clause 2 of rule XII, public tration of the Employee Retirement Income Sea and Aleutian Islands [Docket No. bills and resolutions of the following

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4636 Sfmt 0634 E:\CR\FM\K16FE7.126 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — HOUSE H509 titles were introduced and severally re- Monument in the State of California; to the By Mr. DREIER (for himself and Ms. ferred, as follows: Committee on Resources. LOFGREN): By Mr. BURTON of Indiana (for him- H.R. 3680. A bill to amend the National De- By Mrs. KELLY (for herself, Mr. TAL- self, Mr. BARR of Georgia, Mr. BAR- fense Authorization Act for Fiscal Year 1998 ENT, Mr. DAVIS of Virginia, Mr. TON of Texas, Mr. DOOLITTLE, Mr. with respect to the adjustment of composite CONDIT, Mr. HUTCHINSON, Mr. BARCIA, GILMAN, Mr. HORN, Mr. JONES of theoretical performance levels of high per- Mr. GOODE, Mr. EWING, Mr. ENGLISH, North Carolina, Mr. LAHOOD, Mr. formance computers; to the Committee on Mr. TURNER, Mr. SWEENEY, Mr. BARR MCHUGH, Mr. MCINTOSH, Mrs. MEEK International Relations, and in addition to of Georgia, Mr. WISE, and Mrs. EMER- of Florida, Mr. PAUL, Mr. RYUN of the Committee on Armed Services, for a pe- SON): Kansas, Mr. SCARBOROUGH, and Mr. riod to be subsequently determined by the H.R. 3669. A bill to establish a 5-year pilot STUMP): Speaker, in each case for consideration of project for the General Accounting Office to such provisions as fall within the jurisdic- report to Congress on economically signifi- H.R. 3677. A bill to amend the Federal tion of the committee concerned. cant rules of Federal agencies, and for other Food, Drug, and Cosmetic Act to restrict the By Mr. ETHERIDGE (for himself and purposes; to the Committee on Government authority of the Food and Drug Administra- tion to issue clinical holds regarding inves- Ms. STABENOW): Reform. H.R. 3681. A bill to improve character edu- By Mr. OBERSTAR: tigational drugs or to deny patients ex- panded access to such drugs; to the Com- cation programs; to the Committee on Edu- H.R. 3670. A bill to amend the Federal cation and the Workforce. Water Pollution Control Act to reauthorize mittee on Commerce. By Mr. COLLINS: By Mr. GEJDENSON: the Great Lakes program, and for other pur- H.R. 3682. A bill to amend title XVIII of the H.R. 3678. A bill to amend title 38, United poses; to the Committee on Transportation Social Security Act to prohibit the use of States Code, to increase the allowance for and Infrastructure. Medicare risk-based managed care payments burial and funeral expenses of certain vet- By Mr. YOUNG of Alaska (for himself, for administrative costs not permitted under erans; to the Committee on Veterans’ Af- Mr. DINGELL, Mr. DELAY, Mr. PICK- the Federal Acquisition Regulation; to the fairs. ETT, Mr. DUNCAN, Mr. JOHN, Mr. Committee on Ways and Means, and in addi- By Mr. COOK (for himself, Mr. ABER- POMBO, Mrs. CHENOWETH-HAGE, Mr. tion to the Committee on Commerce, for a CROMBIE, Mr. BAKER, Ms. BALDWIN, RADANOVICH, Mr. THORNBERRY, Mr. period to be subsequently determined by the Mr. BARRETT of Wisconsin, Mr. BART- SCHAFFER, Mr. HAYES, Mr. SIMPSON, Speaker, in each case for consideration of LETT of Maryland, Mr. BILBRAY, Mr. Mr. TANCREDO, Mr. PETERSON of such provisions as fall within the jurisdic- BILIRAKIS, Mr. BISHOP, Mr. Pennsylvania, Mrs. CUBIN, and Mr. tion of the committee concerned. BLUMENAUER, Mr. BOEHLERT, Mrs. HILL of Montana): By Mr. HASTINGS of Washington: H.R. 3671. A bill to amend the Acts popu- BONO, Ms. BROWN of Florida, Mr. CAL- H.R. 3683. A bill to prohibit further exten- larly known as the Pittman-Robertson Wild- VERT, Mr. CANNON, Mr. CHAMBLISS, sion or establishment of any national monu- life Restoration Act and the Dingell-Johnson Mrs. CHRISTENSEN, Mr. CONDIT, Mr. ment in Washington State without full pub- Sport Fish Restoration Act to enhance the COOKSEY, Mr. CROWLEY, Mr. lic participation and an express Act of Con- funds available for grants to States for fish CUMMINGS, Mr. CUNNINGHAM, Ms. gress, and for other purposes; to the Com- and wildlife conservation projects and in- DANNER, Mr. DAVIS of Virginia, Mr. mittee on Resources. crease opportunities for recreational hunt- DEAL of Georgia, Mr. DELAY, Mr. By Mr. HASTINGS of Washington (for DEUTSCH, Mr. DICKS, Mr. DOOLITTLE, ing, bow hunting, trapping, archery, and himself and Mr. MEEHAN): fishing, by eliminating opportunities for Ms. DUNN, Mr. EHLERS, Mr. ENGEL, H.R. 3684. A bill to amend section 313 of the waste, fraud, abuse, maladministration, and Mr. ENGLISH, Ms. ESHOO, Mr. EWING, Tariff Act of 1930 to allow duty drawback for unauthorized expenditures for administra- Mr. FALEOMAVAEGA, Mr. FARR of grape juice concentrates made from Concord tion and execution of those Acts, and for California, Mr. FILNER, Mrs. FOWLER, or Niagara grapes; to the Committee on other purposes; to the Committee on Re- Mr. FRELINGHUYSEN, Mr. GIBBONS, Ways and Means. sources. Mr. GILMAN, Mr. GONZALEZ, Mr. By Mr. HILL of Montana: By Mrs. MORELLA: GRAHAM, Mr. GREENWOOD, Mr. HALL H.R. 3685. A bill to facilitate the timely H.R. 3672. A bill to amend the Public of Ohio, Mr. HANSEN, Mr. HERGER, resolution of back-logged civil rights dis- Health Service Act to provide for voluntary Mr. HILL of Montana, Mr. HINCHEY, crimination cases of the Department of Agri- reporting by health care providers of medica- Mr. HOLDEN, Mr. HOLT, Mr. HOUGH- culture, and for other purposes; to the Com- tion error information in order to assist ap- TON, Mr. HUTCHINSON, Mr. JACKSON of mittee on the Judiciary, and in addition to propriate public and nonprofit private enti- Illinois, Mr. JONES of North Carolina, the Committee on Agriculture, for a period ties in developing and disseminating rec- Mrs. KELLY, Mr. KINGSTON, Mr. to be subsequently determined by the Speak- ommendations and information with respect KOLBE, Mr. LAMPSON, Mr. LANTOS, er, in each case for consideration of such pro- to preventing medication errors; to the Com- Mr. LATOURETTE, Ms. LEE, Mr. LEWIS visions as fall within the jurisdiction of the mittee on Commerce. of California, Mr. LOBIONDO, Ms. committee concerned. By Mr. GILMAN: LOFGREN, Mr. MANZULLO, Mr. MAT- By Mr. LEWIS of Georgia (for himself H.R. 3673. A bill to provide certain benefits SUI, Mr. MCCOLLUM, Mr. MCGOVERN, and Mr. FILNER): to Panama if Panama agrees to permit the Mr. MCKEON, Mr. MCNULTY, Mr. H.R. 3686. A bill to amend the Clean Air United States to maintain a presence there MEEKS of New York, Mr. METCALF, Act and titles 23 and 49, United States Code, sufficient to carry out counternarcotics and Ms. MILLENDER-MCDONALD, Mr. to provide for continued authorization of related missions; to the Committee on Inter- GEORGE MILLER of California, Mrs. funding of transportation projects after a national Relations, and in addition to the MORELLA, Mrs. MYRICK, Mrs. lapse in transportation conformity; to the Committee on Ways and Means, for a period NAPOLITANO, Mr. NETHERCUTT, Mr. Committee on Commerce, and in addition to to be subsequently determined by the Speak- NEY, Ms. NORTON, Mr. NORWOOD, Mr. the Committee on Transportation and Infra- er, in each case for consideration of such pro- ORTIZ, Mr. OWENS, Mr. OXLEY, Mr. structure, for a period to be subsequently de- visions as fall within the jurisdiction of the PACKARD, Mr. PETERSON of Min- termined by the Speaker, in each case for committee concerned. nesota, Mr. PETERSON of Pennsyl- consideration of such provisions as fall with- By Mr. TANCREDO (for himself, Ms. vania, Mr. POMBO, Mr. RADANOVICH, in the jurisdiction of the committee con- DEGETTE, Mr. UDALL of Colorado, Mr. Mr. REYES, Mr. REYNOLDS, Mr.´ cerned. MCINNIS, Mr. SCHAFFER, Mr. HEFLEY, RODRIGUEZ, Mr. ROMERO-BARCELO, By Mr. MCINNIS: and Mr. PAUL): Mr. RYUN of Kansas, Mr. SALMON, Ms. H.R. 3687. A bill to establish the Canyons of H.R. 3674. A bill to amend the Internal Rev- SANCHEZ, Mr. SANDERS, Mr. SCOTT, the Ancients National Conservation Area; to enue Code of 1986 to allow tax-free rollovers Mr. SESSIONS, Mr. SHUSTER, Mr. the Committee on Resources. of amounts in one qualified State tuition SIMPSON, Ms. SLAUGHTER, Mr. SMITH By Mr. MOORE (for himself, Mr. program to another qualified State tuition of Washington, Mr. STUMP, Mr. HOYER, Mrs. THURMAN, Mr. WAXMAN, program for the benefit of the same bene- SWEENEY, Mrs. TAUSCHER, Mr. TAU- Mr. DAVIS of Florida, Mrs. MINK of ficiary; to the Committee on Ways and ZIN, Mr. THOMPSON of California, Mr. Hawaii, Mr. FRANK of Massachusetts, Means. THUNE, Mrs. THURMAN, Mr. TOWNS, Mr. EVANS, Ms. PELOSI, Mr. PETERSON By Mr. BAIRD: Mr. TURNER, Mr. VENTO, Mr. WALSH, of Minnesota, Mr. BARRETT of Wis- H.R. 3675. A bill to direct the Attorney Mr. WATKINS, Mr. WATTS of Okla- consin, Mr. GREEN of Texas, Mr. General to carry out a pilot program under homa, Mr. WELDON of Florida, Mr. HASTINGS of Florida, Mr. MINGE, Mr. which the Attorney General shall establish WOLF, and Mr. YOUNG of Alaska): NADLER, Ms. WOOLSEY, Mr. FARR of methamphetamine incident response and H.R. 3679. A bill to provide for the minting California, Ms. MCCARTHY of Mis- training teams for drug emergency areas; to of commemorative coins to support the 2002 souri, Ms. RIVERS, Mr. BOSWELL, Mr. the Committee on the Judiciary. Salt Lake Olympic Winter Games and the BOYD, Mr. FORD, Ms. HOOLEY of Or- By Mrs. BONO: programs of the United States Olympic Com- egon, Mr. PASCRELL, Mr. SANDLIN, H.R. 3676. A bill to establish the Santa mittee; to the Committee on Banking and Ms. BALDWIN, Mr. CAPUANO, Mr. Rosa and San Jacinto Mountains National Financial Services. CROWLEY, Mr. GONZALEZ, Mr. HILL of

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Indiana, Mr. HOEFFEL, Mr. LARSON, H.R. 3697. A bill to provide for participa- H.R. 110: Mr. WYNN and Mr. EVANS. Mrs. NAPOLITANO, Mr. PHELPS, Ms. tion of certain Medicare-eligible individuals H.R. 205: Mr. FOLEY. SCHAKOWSKY, Mr. SHOWS, Mr. THOMP- in Department of Defense pharmacy pro- H.R. 218: Mr. HEFLEY, Mrs. ROUKEMA, Mr. SON of California, Mr. UDALL of New grams; to the Committee on Armed Services. BACHUS, and Mr. PALLONE. Mexico, and Mr. WU): By Mr. WHITFIELD (for himself and H.R. 347: Mr. MASCARA. H.R. 3688. A bill to amend the Internal Rev- Mr. BILBRAY): H.R. 406: Mrs. KELLY. enue Code of 1986 to require certain political H.R. 3698. A bill to amend title XIX of the H.R. 453: Mr. FRANKS of New Jersey and organizations under such Code to report in- Social Security Act to continue State Med- Mr. INSLEE. formation to the Federal Election Commis- icaid disproportionate share hospital (DSH) H.R. 531: Mr. KOLBE. sion, and for other purposes; to the Com- allotments for fiscal years 2001 and 2002 at H.R. 555: Mr. BORSKI. mittee on Ways and Means, and in addition the levels for fiscal year 2000; to the Com- H.R. 583: Mr. BOEHLERT. to the Committee on House Administration, mittee on Commerce. H.R. 612: Mr. MINGE. for a period to be subsequently determined By Mr. KOLBE (for himself, Mr. HOYER, H.R. 623: Mr. WALDEN of Oregon. H.R. 664: Mrs. NAPOLITANO, Mr. SAWYER, by the Speaker, in each case for consider- Mr. MCINTOSH, Mr. BLUNT, Mrs. and Mr. RANGEL. ation of such provisions as fall within the ju- KELLY, Mr. SENSENBRENNER, Mr. H.R. 701: Ms. SANCHEZ, Mr. THUNE, Mr. risdiction of the committee concerned. MANZULLO, Mr. FOLEY, Mr. NUSSLE, VENTO, Mr. MCDERMOTT, Mr. WEXLER, Mr. By Mr. MORAN of Kansas (for himself Mr. RAMSTAD, Mr. GRAHAM, Mr. GUTIERREZ, Mrs. MORELLA, Mr. UDALL of Col- and Mr. LATHAM): CUNNINGHAM, Mr. LEACH, Mr. QUINN, orado, Mr. CLAY, Mr. BLUMENAUER, Mr. H.R. 3689. A bill to establish in the Anti- Mr. COOK, Mr. KLECZKA, Mrs. THUR- DEUTSCH, Mr. OLVER, Mr. FRANK of trust Division of the Department of Justice MAN, Ms. PRYCE of Ohio, Mr. Massachusette, Ms. ESHOO, Ms. ROYBAL-AL- a position with responsibility for agricul- LAMPSON, Mr. NEAL of Massachu- LARD, Mr. MCNULTY, Mr. ENGEL, Mr. DIXON, tural antitrust matters; to the Committee setts, Mr. CLAY, Mr. GREEN of Texas, Mr. DELAHUNT, Ms. PELOSI, Mr. on the Judiciary. Mrs. MEEK of Florida, Mr. MORAN of FALEOMAVAEGA, Mrs. CAPPS, Mr. THOMPSON By Mr. PASCRELL (for himself, Mr. Virginia, Mrs. CLAYTON, Mr. BILBRAY, of California, Mr. HALL of Texas, Mr. GRAHAM, and Mr. KLINK): Mr. CARDIN, Mr. KNOLLENBERG, Mr. PALLONE, Mr. CROWLEY, Mr. HOEFFEL, Mr. H.R. 3690. A bill to amend titles XVIII and LATHAM, Mr. HOUGHTON, Mr. PRICE of UDALL of New Mexico, Ms. WOOLSEY, Ms. XIX of the Social Security Act to assure the North Carolina, and Mr. BOSWELL): financial solvency of Medicare+Choice orga- H. Con. Res. 252. Concurrent resolution ex- HOOLEY of Oregon, Mrs. NAPOLITANO, Mr. nizations and Medicaid managed care organi- pressing the sense of the Congress regarding ABERCROMBIE, Mr. STARK, Mrs. MEEK of Flor- zations; to the Committee on Commerce, and ensuring a competitive North American mar- ida, Mr. MCCOLLUM, Mr. MINGE, Mr. CON- in addition to the Committee on Ways and ket for softwood lumber; to the Committee YERS, Mr. RAHALL, Mr. MARKEY, Mr. BORSKI, Means, for a period to be subsequently deter- on Ways and Means. Mr. PETRI, Mr. GEJDENSON, Mr. SMITH of mined by the Speaker, in each case for con- By Mr. SMITH of New Jersey (for him- Washington, Mr. DOOLEY of California, Mr. sideration of such provisions as fall within self, Mr. HYDE, Mr. ARMEY, Mr. BAR- MCINNIS, Ms. BALDWIN, Mr. INSLEE, Mr. WU, the jurisdiction of the committee concerned. CIA, Mr. DELAY, Mr. HAYWORTH, Mr. Mrs. MINK of Hawaii, Ms. BROWN of Florida, By Mr. PAUL (for himself, Mr. BAKER, JOHN, Mr. PITTS, Ms. ROS-LEHTINEN, Mrs. ROUKEMA, Mr. TANCREDO, Mr. SHER- and Mr. RYUN of Kansas): Mr. RYAN of Wisconsin, Mr. SHER- WOOD, Mr. KANJORSKI, Mr. FARR of Cali- H.R. 3691. A bill to provide that the inferior WOOD, and Mr. TANCREDO): fornia, Mr. MENENDEZ, Mr. HASTINGS of Flor- courts of the United States do not have ju- H. Con. Res. 253. Concurrent resolution ex- ida, Mrs. CLAYTON, Mr. BARRETT of Wis- risdiction to hear partial-birth abortion-re- pressing the sense of the Congress strongly consin, Mr. MEEHAN, Mr. MATSUI, Mr. SHER- lated cases; to the Committee on the Judici- objecting to any effort to expel the Holy See MAN, Mr. MARTINEZ, Ms. DEGETTE, Mr. ary. from the United Nations as a state partici- LARSON, Mr. CUMMINGS, Mr. TIERNEY, Mr. By Mr. PAUL: pant by removing its status as a Permanent NEAL of Massachusetts, Mr. PASCRELL, Mr. H.R. 3692. A bill to amend the Internal Rev- Observer; to the Committee on International HOLT, Mr. SERRANO, Mr. BALDACCI, Mr. HIN- enue Code of 1986 to exclude from gross in- Relations. CHEY, Mr. OWENS, Mr. ROTHMAN, Mr. MCGOV- come amounts received on the sale of ani- By Mr. RADANOVICH (for himself, Mr. ERN, Mr. CALLAHAN, Mr. CARDIN, Mr. EVANS, mals which are raised and sold as part of an THOMAS, Mr. SKEEN, Mr. PETERSON of Mr. LAZIO, Ms. LOFGREN, Mr. WAXMAN, Ms. educational program; to the Committee on Pennsylvania, Mr. METCALF, Mr. WATERS, Mr. FILNER, Mr. CAPUANO, Mr. Ways and Means. HERGER, Mr. SIMPSON, Mrs. BONIOR, Mr. NADLER, Mrs. JONES of Ohio, Mr. By Mr. SIMPSON: CHENOWETH-HAGE, Mr. SCHAFFER, Mr. KUCINICH, Ms. BERKLEY, Mr. BAIRD, Mr. H.R. 3693. A bill to provide for the acquisi- SHADEGG, and Mr. KOLBE): UNDERWOOD, Mr. GILMAN, Mr. BLAGOJEVICH, tion of Castle Rock Ranch in the State of H. Con. Res. 254. Concurrent resolution ex- Mr. KENNEDY of Rhode Island, Mr. FORBES, Idaho and to authorize the use of the ac- pressing the sense of the Congress that the Mr. SANDERS, Mr. MEEKS of New York, Mr. quired ranch in a series of land exchanges in- President should seek input from all stake- BROWN of Ohio, Mr. KUYKENDALL, Mr. LEACH, volving lands within the boundaries of the holders, State and local governments, and Mr. BERMAN, Ms. SLAUGHTER, Mr. BOEHLERT, City of Rocks National Reserve and the the Congress before declaring any national Mr. MCINTYRE, Mr. KLECZKA, Mr. GREEN- Hagerman Fossil Beds National Monument, monument under the authorities granted in WOOD, Mr. CAMPBELL, Mr. DREIER, Mr. Idaho; to the Committee on Resources. the Act popularly known as the Antiquities BILBRAY, Mr. CUNNINGHAM, Mr. GEKAS, Mr. By Mr. SWEENEY: Act of 1906; to the Committee on Resources. BRADY of Texas, Mr. MORAN of Virginia, Mrs. H.R. 3694. A bill to amend rule 26 of the By Mr. TRAFICANT (for himself and JOHNSON of Connecticut, Mrs. KELLY, Mr. Federal Rules of Civil Procedure to provide Mr. BILIRAKIS): LOBIONDO, Mr. STUPAK, Mr. FRANKS of New for the confidentiality of a personnel record H. Con. Res. 255. Concurrent resolution ex- Jersey, Mr. EHLERS, Mr. QUINN, Mr. SHUSTER, or personal information of a law enforcement pressing the sense of the Congress regarding Ms. SCHAKOWSKY, Mr. WEINER, Mr. LEVIN, officer; to the Committee on the Judiciary. Federal spending on veterans programs and Mrs. LOWEY, Mr. DIAZ-BALART, Mr. MOAKLEY, By Mr. TOOMEY (for himself, Mr. allocation of funds received by the Federal Mrs. BIGGERT, Mr. DAVIS of Illinois, Mr. SHAYS, Mrs. CUBIN, Mr. WATTS of Government for claims arising from smok- HORN, Mr. LANTOS, Ms. LEE, Mr. KING, Mr. Oklahoma, Mr. SMITH of Michigan, ing-related illnesses or an increased risk of ANDREWS, Mr. PAYNE, Mr. EVERETT, Mrs. Mr. GREEN of Wisconsin, Mr. COBURN, smoking-related illnesses; to the Committee TAUSCHER, Ms. DUNN, Mr. ROMERO-BARCELO, Mr. SHADEGG, Mr. BARTLETT of Mary- on Veterans’ Affairs. Ms. KILPATRICK, Ms. NORTON, Mr. PACKARD, land, Mr. RYAN of Wisconsin, Mr. f Mr. METCALF, Mr. BATEMAN, Mr. FRELING- HERGER, Mr. COX, Mr. VITTER, Mr. HUYSEN, Mr. HOUGHTON, Mr. WATT of North PITTS, Mr. PAUL, Mr. CHABOT, Mr. ADDITIONAL SPONSORS Carolina, Ms. KAPTUR, Mr. LAFALCE, Ms. TANCREDO, Mrs. CHENOWETH-HAGE, Under clause 7 of rule XII, sponsors RIVERS, Mr. BECERRA, Ms. MILLENDER- Mr. TERRY, Mr. GARY MILLER of Cali- MCDONALD, Mr. JACKSON of Illinois, Mrs. were added to public bills and resolu- fornia, and Mr. LARGENT): MCCARTHY of New York, Ms. VELAZQUEZ, Mr. H.R. 3695. A bill to ensure that the fiscal tions as follows: EHRLICH, Mr. REYES, Mr. PEASE, Mr. BACA, year 2000 on-budget surplus is used to reduce H.R. 5: Mr. MCHUGH, Mr. CRANE, Mr. Mrs. MALONEY of New York, Mr. BARTLETT of publicly-held debt; to the Committee on MCINNIS, Mr. THOMAS, Mr. SHOWS, Mr. Maryland, Mr. DICKS, Ms. DELAURO, AND Mr. Rules. GILLMOR, Mr. LAHOOD, Mr. WATKINS, Mr. HEFLEY. By Mr. TRAFICANT (for himself and BALDACCI, Mr. WU, Mr. SHAW, Mr. ARCHER, H.R. 721: Mr. TALENT, Mr. SCHAFFER, and Mr. BILIRAKIS): Mr. BARRETT of Nebraska, Mr. FRANKS of Mr. MINGE. H.R. 3696. A bill to establish the Presi- New Jersey, Mr. SMITH of Texas, Mr. H.R. 730: Mr. MENENDEZ. dent’s Commission on Veterans and Smok- FRELINGHUYSEN, Mr. CAMP, Mr. BERRY, Mr. H.R. 742: Mr. MCINTYRE and Mr. BALDACCI. ing; to the Committee on Veterans’ Affairs. PHELPS, Mr. COMBEST, Mr. PITTS, Mrs. H.R. 797: Mr. BORSKI. By Mr. VITTER (for himself, Mr. BIGGERT, and Mr. JENKINS. H.R. 815: Mrs. CLAYTON. CUNNINGHAM, Mr. HAYES, Mr. H.R. 38: Mr. GOODLING. H.R. 816: Mr. ROHRABACHER and Mr. BLI- KUYKENDALL, Mr. TAYLOR of Mis- H.R. 40: Mr. MORAN of Virginia and Mr. LEY. sissippi, and Mr. MORAN of Virginia): STUPAK. H.R. 826: Mr. KILDEE.

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H.R. 837: Ms. CARSON. H.R. 2842: Mr. LAFALCE. H.R. 3620: Mr. OSE. H.R. 860: Mr. PASCRELL. H.R. 2916: Ms. PELOSI and Mr. STARK. H.R. 3629: Mr. OSE. H.R. 870: Mr. JENKINS. H.R. 2934: Ms. CARSON, Mr. WEYGAND, Mrs. H.R. 3634: Mr. FRANK of Massachusetts and H.R. 980: Mr. SAXTON and Mr. KUYKENDALL. MCCARTHY of New York, Mrs. MALONEY of Mr. BERMAN. H.R. 1032: Mr. MASCARA. New York, Ms. PELOSI, and Mr. FILNER. H.R. 3641: Mrs. KELLY, Mr. KING, Mr. SAND- H.R. 1044: Mr. CALVERT and Mr. BURTON of H.R. 2966: Ms. RIVERS and Mr. HERGER. ERS, and Mr. HOUGHTON. Indiana. H.R. 3058: Mrs. MEEK of Florida. H.R. 3644: Mr. FRANK of Massachusetts, Ms. H.R. 1063: Ms. LOFGREN. H.R. 3059: Mr. ENGLISH. DELAURO, Mr. CAPUANO, Mr. WEINER, Mr. H.R. 1070: Mr. LEVIN, Mr. HALL of Ohio, and H.R. 3083: Mr. RUSH, Mr. BLAGOJEVICH, and ETHERIDGE, Mr. SANDERS, and Mr. FILNER. Mr. RILEY. Ms. PELOSI. H.R. 3650: Mr. WEINER, Ms. PELOSI, Mr. H.R. 1085: Mr. LAMPSON. H.R. 3087: Mr. EVANS. GUTIERREZ, and Mr. FILNER. HIMKUS WING H.R. 1115: Mr. OSE. H.R. 3091: Mr. S and Mr. E . H.R. 3662: Mr. CAPUANO and Mr. WEINER. H.R. 3150: Ms. RIVERS. H.R. 1194: Mr. RYUN of Kansas, Mr. GOOD- H.J. Res. 86: Mr. ORTIZ, Ms. DUNN, Ms. H.R. 3170: Mr. COX and Mr. LARGENT. LING, and Mr. OSE. LOFGREN, Mr. WALDEN of Oregon, Mr. H.R. 3193: Mr. LIPINSKI and Mr. CLEMENT. H.R. 1195: Mr. BILBRAY. HASTINGS of Florida, Mrs. ROUKEMA, Mr. PE- H.R. 3195: Mr. SKELTON and Mr. OXLEY. H.R. 1227: Mr. CONYERS. TERSON of Pennsylvania, Mr. BURTON of Indi- H.R. 3225: Mr. KUYKENDALL. H.R. 1283: Mr. BAKER, Mr. BOYD, Mr. KA- ana, and Ms. PRYCE of Ohio. H.R. 3240: Mr. HOEKSTRA, Mr. DOOLITTLE, SICH, Mr. HAYES, Mr. BARCIA, Mr. OXLEY, Mr. H. Con. Res. 186: Mr. MORAN of Kansas, Ms. Mr. FRANK of Massachusetts, Mr. LAHOOD, TANCREDO, Mr. BARTON of Texas, and Mr. PRYCE of Ohio, Mr. NETHERCUTT, Mr. and Mr. RILEY. VITTER. GILLMOR, Mr. RYUN of Kansas, and Mr. GARY H.R. 3252: Mr. TERRY. H.R. 1304: Mr. KUCINICH and Mr. TRAFICANT. H.R. 3295: Mr. NADLER. MILLER of California. H.R. 1317: Mr. TERRY. H.R. 3299: Mr. KINGSTON and Mr. SHOWS. H. Con. Res. 220: Mr. BARRETT of Wis- H.R. 1360: Mr. MANZULLO. H.R. 3320: Mr. BONIOR and Mr. KOLBE. consin. H.R. 1396: Mr. RANGEL and Ms. MILLENDER- H.R. 3327: Mr. HASTINGS of Washington, Mr. H. Con. Res. 249: Mr. LIPINSKI. MCDONALD. KNOLLENBERG, Ms. DUNN, Mr. DOOLITTLE, Mr. H. Res. 397: Mrs. MYRICK, Mr. LIPINSKI, and H.R. 1435: Mr. DELAY. SIMPSON, and Mr. EWING. Mr. KUYKENDALL. H.R. 1452: Mr. LATOURETTE. H.R. 3399: Mr. TIAHRT. H. Res. 416: Mr. WEINER. H.R. 1459: Mr. LAHOOD and Mr. H.R. 3420: Mr. MATSUI and Mr. OSE. f ETHERCUTT N . H.R. 3430: Mr. BOSWELL, Mr. FORBES, Mrs. H.R. 1495: Mr. ORTIZ, Mr. BORSKI, Ms. NAPOLITANO, Ms. WOOLSEY, and Mr. EVANS. DELETIONS OF SPONSORS FROM WOOLSEY, and Mr. COSTELLO. H.R. 3439: Mr. RYUN of Kansas, Mr. RAHALL, PUBLIC BILLS AND RESOLUTIONS H.R. 1505: Mr. TOOMEY, Ms. KAPTUR, Mr. Mr. BEREUTER, Mr. CAMP, Mr. WISE, Mr. HILLIARD, Mr. SHERWOOD, and Mr. MOLLOHAN. SIMPSON, Mr. MCINTOSH, Mr. ISAKSON, Mr. Under clause 7 of rule XII, sponsors CHAFFER H.R. 1577: Mr. S . JONES of North Carolina, Mr. JENKINS, Mr. were deleted from public bills and reso- H.R. 1611: Mr. WELDON of Pennsylvania. DAVIS of Virginia, Mr. BARCIA, Mr. GOOD- lutions as follows: H.R. 1621: Mr. GONZALEZ, Mr. KIND, and Mr. LATTE, Mrs. BIGGERT, Mr. YOUNG of Alaska, H.R. 2372: Mr. BARCIA. MOLLOHAN. Mr. HULSHOF, Mr. BERRY, Mr. FRELING- H. Res. 396: Mr. ABERCROMBIE and Mr. HOB- H.R. 1640: Mr. CONYERS, Mr. PHELPS, Ms. HUYSEN, Mr. GREENWOOD, Mr. CANNON, Mr. SON. RIVERS, Mrs. JONES of Ohio, Mr. WEINER, Mr. VISCLOSKY, Mr. GIBBONS, Mr. CLEMENT, Mr. FRANK of Massachusetts, and Mr. PALLONE. f TIAHRT, Ms. DANNER, Mr. NEAL of Massachu- H.R. 1671: Mr. KLINK. setts, Mr. HAYWORTH, and Mr. HALL of Texas. H.R. 1705: Mr. SANDERS, Mr. TIERNEY, Mr. DISCHARGE PETITIONS H.R. 3463: Mr. KUCINICH, Mrs. KELLY, Mr. HINCHEY, and Mr. KUCINICH. FILNER, Mr. SMITH of New Jersey, and Mr. Under clause 2 of rule XV, the fol- H.R. 1708: Mr. TRAFICANT. DELAHUNT. lowing discharge petition was filed: H.R. 1732: Ms. MCCARTHY of Missouri. H.R. 3508: Mr. FROST. Petition 7. February 16, 2000, by Mr. H.R. 1747: Mr. WELDON of Pennsylvania, H.R. 3519: Mr. RUSH and Mr. HOUGHTON. Mr. COX, Mr. HEFLEY, Mr. GOODLING, and Ms. SHOWS on House Resolution 371, was signed H.R. 3525: Mr. RADANOVICH and Mr. WELDON by the following Members: Ronnie Shows, ROS-LEHTINEN. of Florida. H.R. 1760: Mrs. NAPOLITANO and Mr. SIMP- Fortney Pete Stark, Jim McDermott, Martin H.R. 3530: Mr. GRAHAM, Mr. GEKAS, Mr. Frost, Dale E. Kildee, Eddie Bernice John- SON. RILEY, Mr. SENSENBRENNER, Mr. KOLBE, Mrs. H.R. 1769: Mr. FROST. son, William D. Delahunt, Thomas H. Allen, BIGGERT, Mr. ROGAN, Mr. WELDON of Florida, George Miller, James P. McGovern, Mike H.R. 1824: Mr. SOUDER and Mr. JONES of Mr. RYUN of Kansas, Mr. KNOLLENBERG, and North Carolina. Thompson,´ John B. Larson, Nydia M. Mr. SCHAFFER. Velazquez, Albert Russell Wynn, Karen H.R. 1830: Mr. ANDREWS. H.R. 3535: Mr. DOYLE and Ms. HOOLEY of Or- H.R. 1841: Mr. CROWLEY and Mrs. MEEK of McCarthy, Robert E. Wise, Jr., Corrine egon. Brown, Karen L. Thurman, Barbara Lee, Earl Florida. H.R. 3539: Mr. WATKINS and Mr. SCHAFFER. Pomeroy, Darlene Hooley, Tammy Baldwin, H.R. 1870: Mr. RILEY. H.R. 3543: Mr. WALSH. Shelley Berkley, Dennis J. Kucinich, Lynn H.R. 1899: Mr. DEUTSCH. H.R. 3544: Mr. NEY, Mr. HULSHOF, Mr. N. Rivers, Lynn C. Woolsey, Joe Baca, Patsy H.R. 1977: Ms. BALDWIN, Mr. PRICE of North GOODLING, and Mr. KNOLLENBERG. T. Mink, Grace F. Napolitano, Bart Stupak, Carolina, and Mr. SMITH of New Jersey. H.R. 3561: Mr. CAMPBELL. John Lewis, Carolyn C. Kilpatrick, Sheila H.R. 2059: Mr. HOLT. H.R. 3571: Mrs. MCCARTHY of New York, Mr. Jackson-Lee, Charles A. Gonzalez, Michael H.R. 2087: Mr. WELDON of Florida. ABERCROMBIE, Mr. RAHALL, and Mr. FROST. P. Forbes, Ciro D. Rodriguez, Frank Pallone, H.R. 2088: Mr. VITTER. H.R. 3573: Mr. LOBIONDO, Ms. RIVERS, Mr. Jr., Danny K. Davis, Bobby L. Rush, Rod R. H.R. 2121: Mr. DOYLE and Mr. TOWNS. SWEENEY, Ms. DUNN, and Ms. STABENOW. H.R. 2265: Mr. HILL of Indiana. H.R. 3575: Mr. SOUDER, Mr. CONDIT, Mr. Blagojevich, Lucille Roybal-Allard, Julia H.R. 2273: Mr. MANZULLO and Mrs. KELLY. SMITH of New Jersey, Mr. NEAL of Massachu- Carson, Frank Mascara, Janice D. H.R. 2282: Mr. LARGENT. setts, Mr. KIND, Mr. HALL of Ohio, Mr. PRICE Schakowsky, Thomas M. Barrett, David R. H.R. 2382: Mr. TAYLOR of Mississippi. of North Carolina, Mr. BOEHLERT, Mr. PAYNE, Obey, Robert E. Andrews, Max Sandlin, Jose H.R. 2402: Mr. CUNNINGHAM. Mrs. MINK of Hawaii, Mr. OWENS, and Mr. E. Serrano, Lane Evans, James L. Oberstar, H.R. 2420: Mr. SCARBOROUGH, Mr. PASCRELL, HORN. Mark Udall, Juanita Millender-McDonald, Mr. TALENT, Mr. CLAY, Mrs. JONES of Ohio, H.R. 3580: Mr. DOYLE, Mr. MCHUGH, Mr. John F. Tierney, Gene Green, Rosa L. Mr. TURNER, Mr. CAPUANO, Mr. MCGOVERN, MORAN of Kansas, Mr. BRADY of Pennsyl- DeLauro, Marion Berry, James A. Traficant, and Mr. CUNNINGHAM. vania, Mr. LAFALCE, and Mr. MOAKLEY. Jr., Lloyd Doggett, Carrie P. Meek, Louise H.R. 2527: Mr. WAMP. H.R. 3582: Mr. WOLF. McIntosh Slaughter, James A. Barcia, Bob H.R. 2544: Mr. TERRY. H.R. 3593: Mr. BOYD and Mr. NETHERCUTT. Filner, Robert A. Brady, Ken Bentsen, John H.R. 2551: Mr. MCHUGH, Mr. KLECZKA, Mr. H.R. 3594: Mr. CHABOT, Mr. LAHOOD, Mr. M. Spratt, Jr., Diana DeGette, Bob Clement, LATOURETTE, Mr. CRAMER, Mr. COMBEST, Ms. WHITFIELD, Mr. UDALL of Colorado, Mr. Robert Wexler, Bennie G. Thompson, Earl F. BROWN of Florida, Mrs. JONES of Ohio, Mr. CRAMER, and Mr. REYNOLDS. Hilliard, Gary L. Ackerman, David Minge, BROWN of Ohio, Ms. CARSON, and Ms. ESHOO. H.R. 3600: Ms. PELOSI. Martin T. Meehan, Anthony D. Weiner, H.R. 2562: Mr. DAVIS of Illinois. H.R. 3607: Mr. SANDERS. Ruben Hinojosa, John D. Dingell, Nancy H.R. 2569: Mr. ANDREWS. H.R. 3608: Mr. FRANKS of New Jersey, Mr. Pelosi, Debbie Stabenow, Barney Frank, H.R. 2573: Mr. HINCHEY. KUCINICH, Mr. BASS, Mr. PALLONE, and Mr. Sam Farr, James E. Clyburn, Patrick J. Ken- H.R. 2631: Mr. OSE. BORSKI. nedy, Michael R. McNulty, Tom Udall, Alcee H.R. 2720: Mr. TAYLOR of Mississippi and H.R. 3613: Mr. QUINN, Mr. SANDERS, and Mr. L. Hastings, Melvin L. Watt, Gregory W. Mr. EHRLICH. FRANK of Massachusetts. Meeks, Tom Sawyer, Robert E. (Bud) H.R. 2776: Mr. TOWNS and Mr. EVANS. H.R. 3615: Mr. SANDLIN, Mr. POMEROY, Mr. Cramer, Jr., Elijah E. Cummings, Charles B. H.R. 2785: Mrs. KELLY. BERRY, Mr. MORAN of Kansas, and Mr. MORAN Rangel, Edolphus Towns, John W. Olver, Jo- H.R. 2790: Mr. GOODLING. of Virginia. seph Crowley, Solomon P. Ortiz, Carolyn

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.034 pfrm13 PsN: H16PT1 H512 CONGRESSIONAL RECORD — HOUSE February 16, 2000 McCarthy, David E. Bonior, Bill Luther, Grace F. Napolitano, Bart Stupak, John Towns, John W. Olver, Joseph Crowley, Sol- Jerrold Nadler, Tom Lantos, Stephanie Lewis, Carolyn C. Kilpatrick, Sheila Jack- omon P. Ortiz, Sam Gejdenson, Carolyn Tubbs Jones, Tony P. Hall, Robert A. son-Lee, Charles A. Gonzalez, Ciro D. McCarthy, Jerrold Nadler, Tom Lantos, Weygand, Ted Strickland, Richard A. Gep- Rodriguez, Frank Pallone, Jr., Lucille Roy- Stephanie Tubbs Jones, Tony P. Hall, Robert hardt, Cynthia A. McKinney, Nick Lampson, bal-Allard, Julia Carson, Janice D. A. Weygand, Ted Strickland, Richard A. Gep- Donald M. Payne, Silvestre Reyes, John J. Schakowsky, Thomas M. Barrett, David R. hardt, Cynthia A. McKinney, Nick Lampson, LaFalce, Marcy Kaptur, Ed Pastor, Earl Obey, Robert E. Andrews, Jose E. Serrano, Donald M. Payne, Silvestre Reyes, John J. Blumenauer, Jim Turner, Carolyn B. Lane Evans, James L. Oberstar, Mark Udall, LaFalce, Marcy Kaptur, Ed Pastor, Earl Maloney, Luis V. Gutierrez, Christopher Juanita Millender-McDonald, Rod R. Blumenauer, Max Sandlin, Jim Turner, Caro- John, Eva M. Clayton, Leonard L. Boswell, Blagojevich, John F. Tierney, Gene Green, lyn B. Maloney, Luis V. Gutierrez, Chris- Chet Edwards, John Conyers, Jr., Sander M. Rosa L. DeLauro, Marion Berry, Lloyd topher John, Eva M. Clayton, Leonard L. Levin, Peter Deutsch, Neil Abercrombie, and Doggett, Louise McIntosh Slaughter, Joseph Boswell, Chet Edwards, John Conyers, Jr., Henry A. Waxman. M. Hoeffel, James A. Barcia, Benjamin L. Sander M. Levin, Peter Deutsch, Neil Aber- Petition 8. February 16, 2000, by Mr. Cardin, Bob Filner, Robert A. Brady, John crombie, and Henry A. Waxman. STARK on House Resolution 372, was signed M. Spratt, Jr., Diana DeGette, Bob Clement, by the following Members: Fortney Pete Robert Wexler, Bennie G. Thompson, Earl F. f Stark, David E. Bonior, Martin Frost, Eddie Hilliard, Gary L. Ackerman, David Minge, Bernice Johnson, Jim McDermott, Dale E. Martin T. Meehan, Howard L. Berman, An- Kildee, William D. Delahunt, Thomas H. thony D. Weiner, Ruben Hinojosa, John D. DISCHARGE PETITIONS— Allen, George Miller, James P. McGovern, Dingell, Nancy Pelosi, Debbie Stabenow, ADDITIONS OR DELETIONS Mike´ Thompson, John B. Larson, Nydia M. Barney Frank, Sam Farr, James E. Clyburn, The following Member added his Velazquez, Albert Russell Wynn, Karen Patrick J. Kennedy, Michael R. McNulty, McCarthy, Robert E. Wise, Jr., Corrine Tom Udall, Alcee L. Hastings, Melvin L. name to the following discharge peti- Brown, Karen L. Thurman, Barbara Lee, Earl Watt, Gregory W. Meeks, Tom Sawyer, Rob- tion: Pomeroy, Tammy Baldwin, Lynn N. Rivers, ert E. (Bud) Cramer, Jr., Elijah E. Petition 6, by Mr. BONIOR on House Reso- Lynn C. Woolsey, Joe Baca, Patsy T. Mink, Cummings, Charles B. Rangel, Edolphus lution 301: Mark Udall.

VerDate 27-JAN-2000 01:51 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4636 Sfmt 0634 E:\CR\FM\A16FE7.041 pfrm13 PsN: H16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E151 EXTENSIONS OF REMARKS

GOVERNMENT PRINTING OFFICE: [From the In-Plant Graphics, Dec. 1999] courses to help agencies deal with techno- STILL BETTER THAN EVER THE DIGITIZING OF GPO logical changes. GPO also hopes to provide digital access to (By Bob Neubauer) even more government documents in the fu- HON. STENY H. HOYER When the Federal District Court for the ture, he says. As for GPO’s size, DiMario District of Columbia prepared to release OF MARYLAND doesn’t see it changing much. GPO has al- Judge Thomas P. Jackson’s ‘‘Findings of ready downsized dramatically in the 1990s. In IN THE HOUSE OF REPRESENTATIVES Fact’’ in the Microsoft case in November, the 1994 it employed 1,701 production personnel; Wednesday, February 16, 2000 court contacted the U.S. Government Print- today there are 1,173. ing Office. GPO was asked to make advance ‘‘We’re probably scaled back as much as we Mr. HOYER. Mr. Speaker, I am delighted to preparations for the rapid dissemination of can be . . . without some potential prob- bring to the House's attention an article about the document. GPO, as always, was ready for lems,’’ observes DiMario. ‘‘We’ve got a very the Government Printing Office from the De- the challenge. professional work force. The results speak cember 1999 issue of In-Plant Graphics. Judge Jackson’s decision was announced at for themselves.’’ 4:30, and the court sent a printed copy and a This prestigious printing-industry journal disk version of the 207-page document to f has, for a second consecutive year, ranked GPO, where print production began imme- TRIBUTE TO MANUEL MARQUEZ the Government Printing Office first among the diately. Covers had been produced in ad- ``Top 50'' printing plants surveyed, thus label- vance. By 6:30, when GPO’s main bookstore CERVANTEZ ing GPO as the best in-plant operation in reopened, copies were available. By 8:30, 147 America. The December 1998 issue of In- had been sold. HON. GRACE F. NAPOLITANO Meanwhile, GPO made the findings avail- Plant Graphics, while bestowing the same OF CALIFORNIA able on its Web site in WordPerfect, PDF and IN THE HOUSE OF REPRESENTATIVES honor for the first time, described the GPO as HTML formats. It established a URL for this ``better than ever.'' These accolades, from a information (usvms.gpo.gov). In the first Wednesday, February 16, 2000 respected trade publication, together speak hour of release, the site experienced 152,000 Mrs. NAPOLITANO. Mr. Speaker, in the volumes about the diligence and dedication of successful connections. the versatile GPO workforce. For GPO, the largest in-plant in the coun- near future, I will have the honor of presenting As the 1999 article, entitled ``The Digitizing try, such monumental projects have become Korean War veteran Manuel Marquez of GPO,'' reveals, in recent years technology second nature. Cervantez with the National Defense Service has changed dramatically the way many Now in its 139th year of existence, GPO Medal, the Korean Service Medal with three drastically changed itself over the past few bronze stars, the United Nations Service Americans acquire government information, years from a strictly ink-on-paper provider and the GPO has been in the vanguard. GPO Medal, and the Combat Infantryman Badge at to a high-tech digital data delivery organiza- my District Office in Montebello, CA. still prints the CONGRESSIONAL RECORD and tion. The public downloads some 20 million Mr. Cervantez, born in Clint, TX, and now a the Federal Register each night for its many documents a month from GPO Access, GPO’s customers who must have traditional paper Web site (www.access.gpo.gov). resident of Valinda, joined the U.S. Army on copies, including the Congress itself, and pro- ‘‘We’re putting more and more electronic May 10, 1951 at the age of 20. After com- duces other printed products around the clock. products up, which seems to be what the pleting his basic training at Camp Roberts, public wants,’’ notes Public Printer Michael However, GPO also distributes these and CA, he served in the U.S. Army's 2nd Division DiMario. He recently signed a request for during the Korean War. Mr. Cervantez and his other products in electronic format, quickly, more Internet bandwidth in the form of a T3 economically and widely. platoon fought valiantly on the Korean front line to accommodate the anticipated de- lines for eleven and a half months, sustaining As a case in point, late one Friday afternoon mand. many casualties. He was honorably dis- last November, the federal district court in The successful online dissemination of the charged from the Army on November 7, 1956. Washington delivered to GPO for publication Microsoft findings was welcome news for Corporal Manual Cervantez married his its findings of fact in the Microsoft antitrust those who remember the initial posting of wife, Manuela, in 1955 and together they case, a proceeding of immense economic sig- the Starr Report last year, when GPO Access was jammed with traffic, which clogged the raised six childrenÐMaria, Cecilia, Elizabeth, nificance and national interest. Within one system. Frances, Dolores, and Manuel Cervantes II. hour of GPO's subsequent release of the doc- ‘‘We took certain steps to upgrade the Manuel and Manuela are the proud grand- ument at 6:30 PM, interested persons had number of T1 lines that we have and install parents of 17 grandchildren. accessed it 152,000 times through a special additional servers,’’ notes Andrew M. Sher- I am proud to count Manuel Cervantez as GPO website established for that purpose. Si- man, director of congressional, legislative one of my constituents. His bravery, service, multaneously, walk-in customers could pur- and public affairs. A BigIP load balancer, and dedication to our great Nation are an in- chase printed copies of the document in served by five T1 lines, kept heavy volume spiration for us all. GPO's main bookstore. from freezing some visitors out. Over the past few years, Sherman notes, f While preserving its capability to produce online delivery has helped to decrease print ink-on-paper, GPO recognizes that demand volume—as well as outside procurement. PARTIAL BIRTH ABORTION AND for electronic products will increase exponen- (Also contributing were shrinking govern- JUDICIAL LIMITATION ACT tially in the years ahead. The public already ment budgets and fewer requested copies.) downloads over 21 million documents each Concurrently, the skills of GPO’s work force have migrated toward the electronic end. HON. RON PAUL month through GPO Access [http:// OF TEXAS www.access.gpo.gov], GPO's electronic gate- But print is still strong. GPO’s two new Krause America LX170 computer-to-plate IN THE HOUSE OF REPRESENTATIVES way to more than 160,000 federal titles. The systems are now up to speed, Sherman says, Wednesday, February 16, 2000 GPO is committed to working with its cus- and they’re being used to run plates for all tomers and others to facilitate that change. major publications, including the Congres- Mr. PAUL. Mr. Speaker, today I introduce GPO is itself reaping the benefits of tech- sional Record and the Federal Register. The the Partial birth Abortion and Judicial Limita- nology and passing the savings along to the new passport bindery line is operational, as tion Act. This bill would, in accordance with ar- American people. The agency accomplishes well. And with 7.5 million passports passing ticle 3, section 2 of our United States Constitu- all these feats with 30% fewer production em- through GPO last year, the line has its work tion, prohibit federal courts (exclusive of the ployees than it had just six years ago. cut out for it. In the next decade, DiMario says, GPO will U.S. Supreme Court) from hearing cases rel- Mr. Speaker, please join me in saluting the strengthen its efforts to share its expertise ative to partial birth abortion. dedicated men and women of the digitized with other government agencies. Already it One of the most egregious portions of the Government Printing Office, still better than has expanded its Federal Printing and Elec- Roe versus Wade decision is that the ruling in ever. The article follows: tronic Publishing Institute, which offers that case served to substitute the opinions of

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

VerDate 272000 03:05 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.000 pfrm02 PsN: E16PT1 E152 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 unelected judges for those of state representa- types of crises in the future and methods for fessorship at Texas Southern University from tives when it comes to making abortion law. creating greater market certainty. 1974±1984. I am proud to claim him as a con- By doing this, judges have not merely taken As the cold weather continues, we must act stituent living in my 25th Congressional District on the role of legislators, they have also thrust immediately to combat this crisis facing many of Texas. True to his philosophy, he is active the federal apparatus into an area that the American families. in our Houston community, serving as past founding fathers specifically and exclusively f president of the Diocesan Board of Education entrusted to state entities. Unfortunately, this ´ and the Woodshire Civic Club, and as orga- aspect of Roe versus Wade has not received HONORING STEPHAN L. HONORE nizer of Anti-Apartheid activities in the 1980s, the attention that less critical portions of the as well as a Precinct Judge. He continues to decision have received. HON. KEN BENTSEN help people who are caught in the system by The legislation I am introducing today is representing clients in immigration and political aimed at moving us toward correcting this fed- OF TEXAS asylum cases, often on a pro bono basis. He eral judicial usurpation of constitutionally iden- IN THE HOUSE OF REPRESENTATIVES recently started his own business as a foreign tified state authority. This legislation is needed Wednesday, February 16, 2000 currency exchange consultant. now more than ever as certain ``lower federal Mr. Speaker, I congratulate Stephen L. Mr. BENTSEN. Mr. Speaker, I rise to honor  courts'' have taken it upon themselves to con-  Honore for receiving an award from the Peace Stephan L. Honore for being awarded the tinue the error-ridden ways of Roe versus Corps for outstanding service to his commu- Peace Corps' Franklin Williams Award for Out- Wade by overturning legitimate state restric-  nity and to Houston. He has not only improved standing Community Service. Mr. Honore, who tions on partial birth abortion. the lives of countless people through his serv- was among the first wave of Peace Corps vol- Mr. Speaker, I encourage my colleagues to ice in foreign lands, the positive impact he has unteers and the first black American to join the review this new legislation and to join me in had on the lives of youths in this country and Peace Corps, has distinguished himself as an this battle by cosponsoring this pro-life legisla- in Houston is immeasurable. He is a true role extraordinary role model for minorities and all tion. model for all young people who want to en- young people interested in community service. f gage in public service. After hearing President John F. Kennedy's f HOME HEATING OIL CRISIS impassioned vision of young Americans giving service for peace, Mr. Honore answered the TRIBUTE TO JEAN G. LEON HON. FRANK PALLONE, JR. call in 1960 by joining the ``Peace Corps Council,'' a student group at Ohio State Uni- OF NEW JERSEY versity. As president of his student body, Mr. HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES  Honore had already been given the chance to OF NEW YORK Wednesday, February 16, 2000 travel to Cuba as a student where he was for- IN THE HOUSE OF REPRESENTATIVES ever transformed by witnessing the conditions Mr. PALLONE. Mr. Speaker, the northeast Wednesday, February 16, 2000 States are experiencingÐand suffering fromÐ that his brethren from other countries had to escalating home heating oil prices. I have endure daily. Instead of going to Florida during Mr. TOWNS. Mr. Speaker, it gives me great heard from numerous constituents, including Spring Break as a student his senior year, Mr. pleasure to pay tribute to Ms. Jean C. Leon. the Fuel Merchants Association of New Jer- Honore helped organize a trip to Washington Jean is recognized in the New York health sey, small fuel oil dealers, the New Jersey with the Peace Corps Council where he met community for her strong administrative skills. Motor Truck Association, and oilheat con- with numerous foreign embassies to see what During the 1990's, she held numerous out- sumers affected by this crisis. I commend the they thought of JFK's vision. He then met with standing positions within the New York City administration for releasing $175 million in most of the Ohio Congressmen and Senators Health and Hospitals Corporation (HHC). She to lobby on behalf of the Peace Corps. emergency LIHEAP funds to date and for  began her tenure with HHC as Assistant Di- working with northeast Congressmembers on Mr. Honore's generous spirit and political rector of Nursing at Woodhull Hospital and this issue. I had written to President Clinton awakening compelled him to become one of Mental Health Center. She then joined Metro- after he released an initial $45 million in emer- the first wave of 28 trainees-inviteesÐand the politan Hospital Center as Director of Quality gency funds, urging him to release additional first black AmericanÐto work as a Peace Management. Jean later served as the Deputy funds, and I was pleased to learn that an addi- Corps volunteer. In 1961 he traveled to Co- Executive Director for AED Quality Manage- tional $130 million were subsequently re- lumbia to offer his services in Rural Commu- ment Services. Prior to her current position as leased. nity Development. Mr. Honore's goal was to the Executive Director of Kings County Hos- I also have urged the administration to help improve living conditions of those living in pital Center and Senior Vice President of press OPEC and our major foreign suppliers poverty and hunger and to teach troubled South BrooklynÐStaten Island Family Health to increase their production of both crude oil communities how to become Âself-sufficient. At Network, Jean worked as the Chief Operating and home heating oil exported to the United the same time, Mr. Honore learned much Officer at Harlem Hospital Center. She has States in order to address this problem. In ad- about his own African heritage through work- dedicated herself to improving patient care at dition, I asked that the administration conduct ing with black Colombians who were de- member facilities and ensuring greater access an immediate investigation of alleged price scended from escaped slaves. to health care for the residents of both Brook- gouging by the oil industry, or at least, that the After a two-year stint in Colombia, Mr. lyn and Staten Island. administration investigate whether or not there Honore was promoted to Associate Director of She received her undergraduate degree in was some deliberate attempt by the oil indus- the Peace Corps and stationed in the Domini- health administration from St. Joseph's Col- try to join forces and illegally jack up prices. I can Republic. He oversaw all Peace Corps lege and an MPA from New York University's also asked the administration to convene an volunteers in the Northeast quarter of the Do- School of Public Administration. Jean holds a emergency meeting as soon as possible with minican Republic and put his skills to use run- certification in Quality Assurance and Nursing ning vital programs. the major integrated oil companies and with  Administration and has lectured and consulted other refiners in order to encourage an imme- Mr. Honore's desire to help others continued extensively in health care. She is a member of diate increase in refining utilization to produce when he returned to Ohio from 1968 to 1971 the National Association of Health Care Qual- additional supplies of home heating oil. I un- to run a community Health Demonstration Pro- ity and the American College of Health Care derstand that crude oil production is down and jected and Model Cities Program in blighted Executives and has been the recipients of that there has been a 22-percent reduction in communities. He again left for the Dominican many awards, including the New York State the stocks of distillate fuel oil from last year. Republic to serve as the country's Director Quality Assurance Health Care Professional But, more must be done. To this end, I also from 1978 to 1981. He still keeps close ties to Award in 1995. Jean also served two terms as am organizing, along with my colleague, Rep- his former co-workers, and is currently Sec- President of the Trinidad and Tobago Nurses resentative FOSSELLA, a bipartisan educational retary of Friends of the Dominican Republic, Association, the Caribbean Nurses Association briefing, which is being held this Thursday at an organization of retired Peace Corps mem- and the Trinidad and Tobago Alliance of North 3:30 in room HC±8 of the Capitol for Members bers who served in the Dominican Republic. America, Inc. and staff. The briefing will enable us to dis- In between stints of community service, Mr. Please join me in recognizing the achieve- cuss longer-term options to prevent these Honore earned a law degree and held a pro- ments of Jean G. Leon.

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A16FE8.004 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E153 TRIBUTE TO EDUARDO P. GARCIA tural education program. Think of this for a in chemical physics, as well as the only Coop- moment, these kids are trying to better them- erative Education Program in mathematics HON. GRACE F. NAPOLITANO selves, earn some money, save some money with the Navajo Indian Reservation at Monu- OF CALIFORNIA and what does Congress do? We pick on ment Valley High School. The School of Mines IN THE HOUSE OF REPRESENTATIVES these kids by taxing them. and Earth Sciences is Utah's only bacca- It is truly amazing that with all the hand- laureate and graduate programs in geo- Wednesday, February 16, 2000 wringing in this Congress over the alleged physics, meteorology, and geological, met- Mrs. NAPOLITANO. Mr. Speaker, in the need to further restrict liberty and grow the allurgical and mining engineering. In research, near future, I will have the honor of presenting size of government ``for the children'' we the Energy and Geoscience Institute is the World War II veteran Eduardo P. Garcia with would continue to tax young people who are world's leading research center in geothermal the Prisoner of War Medal at my District Office trying to lead responsible lives and prepare for energy. The Huntsman Cancer Institute is in Montebello, CA. the future. Even if the serious social problems forging new ways to diagnose, treat, cure and Mr. Garcia, born and raised in El Paso, TX, today's youth face could be solved by new prevent cancer using expertise in genetics and and now a resident of East Los Angeles, federal bureaucracies and programs, it is still related scientific fields. And finally, the Univer- joined the U.S. Army on August 9, 1943, at unfair to pick on those kids who are trying to sity of Utah's athletes and teams, have won the age of 26. After 8 weeks in boot camp, he do the right thing. 75 national championships and 51 conference was assigned to the 180th Infantry regiment, These children are not even old enough to team championships since 1983. 45th Infantry Division and had his first taste of vote, yet we are forcing them to pay taxes! This topic I share today is very dear to me, combat in North Africa. In January 1944, Mr. What ever happened to no taxation without because in 1969 I graduated from the Univer- Garcia's regiment was reassigned to assault representation? No wonder young people are sity of Utah. Also, my father was the head of the beaches of Anzio, Italy, as part of the Al- so cynical about government! the department metallurgy. As I reflect on my lied effort that eventually ended Mussolini's It is time we stopped taxing youngsters who alma mater, I see that the University of Utah fascist rule. On May 26 of that year, Mr. Gar- are trying to earn money to go to college by is a place that shapes young minds and where cia was wounded in battle just outside of selling livestock they have raised through their students launch their educational endeavor. I Rome. But his wounds did not end his service participation in programs such as 4±H or Fu- would describe my academic experience as in the war. ture Farmers of America. Therefore I call on eye opening, similar to someone opening a Corporal Eduardo Garcia was released back my colleagues to join me in supporting the Ag- fire hydrant of knowledge, and telling me it is to his regiment in August 1944 as it began to riculture Education Freedom Act. OK to take a drink. My experiences extended liberate Southern France. The following f beyond the classroom; I recall meeting with month, during an intense battle with many friends in the Union Building, studying on the American casualties, his regiment was sur- CELEBRATING THE 150-YEAR ANNI- lawn, or taking a walk along President's Circle, rounded by German forces and captured. Mr. VERSARY OF THE UNIVERSITY and of course, U of U athletic games. I am Garcia and his comrades were marched to OF UTAH proud to be a part of the University's edu- Germany where they were held in a prisoner cational excellence and am honored to speak of war camp. Life in the Nazi POW camp was HON. MERRILL COOK upon it on its 150-year anniversary. harsh. Prisoners were given little to eat and OF UTAH f were forced, in their weakened condition, to IN THE HOUSE OF REPRESENTATIVES HONORING THE AFRICAN WES- march through the snow from one POW camp Wednesday, February 16, 2000 to another. Those who fell from exhaustion LEYAN METHODIST EPISCOPAL had to be carried by their fellow soldiers or Mr. COOK. Mr. Speaker, I rise today in CHURCH ON THEIR 234TH ANNI- risk being shot to death by the German order to recognize the University of Utah on VERSARY CELEBRATION guards. After enduring eleven months of Nazi their 150th Anniversary. On February 28, capture, Russian forces freed Eduardo Garcia 1850, the Utah State Assembly ordained the HON. EDOLPHUS TOWNS and his comrades from their POW camp in University of the State of Deseret, better OF NEW YORK July 1945. known today as the University of Utah. Since IN THE HOUSE OF REPRESENTATIVES its creation, the University of Utah has con- Corporal Eduardo Garcia was discharged Wednesday, February 16, 2000 from the U.S. Army on October 31, 1945. He ferred over 180,000 degrees, making it the was decorated with the European, African, state's most profuse provider of higher edu- Mr. TOWNS. Mr. Speaker, I rise today to and Middle Eastern Campaign Medals, the cation. In addition to its educational excel- honor the African Wesleyan Methodist Epis- Good Conduct medal, and the Purple Heart. lence, the University of Utah is also a leader copal Church (known as Bridge Street AWME Eduardo Garcia went on to marry his late in cultural, social, scientific, economic, med- Church) on their 234th anniversary. Mr. wife, Carmen, and raise four children. Since ical, and artistic contributions. I would like to Speaker, this is indeed something tremendous 1962, he has lived in Los Angeles and now take this time to honor the faculty, staff, and that should be honored. has eight grandchildren and three great grand- students of the University of Utah for enriching This historic institution, now entering its third children. the great State of Utah and the Nation. century of service to the church and commu- I am proud to count Eduardo Garcia as one From its early years as the first university nity, has always focused on providing spiritual, of my constituents. His bravery, service, and established west of the Missouri River, the social, educational, and recreational activities dedication to our great nation are an inspira- University of Utah has been the meeting place for the Bridge Street parishioner and for the tion for us all. for great ideas. Today with undergraduate and community at large. This church, located in f graduate enrollment nearing 26,000, and stu- the heart of the Bedford Stuyvesant commu- dents representing all 29 Utah counties, all 50 nity, has a long proud history of overcoming AGRICULTURE EDUCATION states and 102 foreign countries, I am proud adversity to continue to survive. FREEDOM ACT to say that the University of Utah is indeed a The earliest records of the church date back diverse population. Coupled with its dynamic to 1766 when a British captain named Thomas HON. RON PAUL student population, is the University's excellent Webb began holding open air services in OF TEXAS academic offerings. I would like to take the downtown Brooklyn. Captain Webb was a con- IN THE HOUSE OF REPRESENTATIVES time to mention a few of the numerous pro- vert of John Wesley, the father of Methodism grams which deserve recognition. in America. In 1794 the congregation pur- Wednesday, February 16, 2000 The College of Fine Arts has the nation's chased the land on which they held these Mr. PAUL. Mr. Speaker, I rise to introduce first college ballet degree program, and Utah's open air services from a wealthy Brooklyn the Agriculture Education Freedom Act. This only doctoral program in Music. The College landowner named Joshua Sands. Later a bill addresses a great injustice being per- of Law is Utah's only LL.M. degree and grad- small church was built, and as was the custom petrated by the Federal Government on those uate certificate in land, resources, and envi- in those days to name streets and buildings youngsters who participate in programs such ronmental law. The School of Medicine is the after wealthy landowners, the church was as 4±H or the Future Farmers of America. only medical school in the Utah, Wyoming, named The Sands Street Wesleyan Methodist Under current tax law, children are forced to Idaho, and Montana region. The College of Episcopal Church. The congregation consisted pay federal income tax when they sell live- Science is home to Utah's only Bioscience of whites, free blacks, and ex-slaves. The abil- stock they have raised as part of an agricul- Undergraduate Research Program and Ph.D. ity of blacks and whites to worship together in

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.007 pfrm02 PsN: E16PT1 E154 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 the beginning of the church's history fore- Title III provides $350 million for wildlife con- Christian Academy, which takes students from shadow its unique ability to overcome any servation and education. This title, crafted by pre-kindergarten to 8th grade. challenge it may face. Congressman DINGELL and myself, uses the The First Baptist Church of Bellaire is affili- By the end of the 19th century, the AWME successful mechanism within the Federal Aid ated with the Southern Baptist Convention, church had survived almost two centuries of in Wildlife Restoration Act (commonly known which supports 4,000 international mission- struggles, disappointments and oppression. as Pittman-Robertson). The new source of aries. It is also affiliated with the Baptist Gen- From its origins in 1766, the AWME Church funding will nearly double the historic contribu- eral Convention of Texas, and the Houston- has been a standard bearer for the family of tion made by sportsmen through Federal area Union Baptist Association. More than ten man, especially in the Brooklyn-Long Island funds available by Pittman-Robertson and the percent of the church's annual budget is dedi- area. From Sands Street, to High Street, to Federal Aid in Sportfish Restoration Act (com- cated to the support of missionaries. Bridge Street, and to Stuyvesant Avenue, the monly known as Dingell-Johnson). Since The driving force behind much of what goes Church has overcome every major obstacle 1937, these programs have contributed more on at the first Baptist church of Bellaire is Pas- encountered on its Christian journey. than $5 billion, matched by the states, to ben- tor Frank D. Minton of Wichita, Kansas. Pastor From its pulpit, some of the greatest preach- efit wildlife and fish. Minton came out of pastoral retirement from ers and orators of the last two centuries have Title IV provides $125 million to be used for the First Baptist Church of Anchorage, Alaska challenged many to higher heights and con- matching grants for local governments to reha- to join the First Baptist Church of Bellaire in sistently championed the cause for all men to bilitate recreation areas and facilities, and pro- 1995. He has put First Baptist Church of Bel- exist as children of God equal to one another. vide for the development of improved recre- laire on the move. The Church building has a Throughout the years, the AWME church has ation programs, sites and facilities. new look, a new orchestra in the Worship made lasting and significant contributions, not Title V provides $100 million for the pro- Service, and increased children's and out- only to education and religion, but to every grams within the Historic Preservation Act, in- reach ministries. other major profession which helps to shape cluding grants to the States, maintaining the His credentials include a Bachelor of Busi- the lives of so many. National Register of Historic Places, and ad- ness Administration and Master of Divinity Mr. Speaker they are indeed a ``Great Peo- ministering numerous historic preservation from the University of Oklahoma, and another ple, and a Great Church, Serving a Great programs, including support for Congression- Master of Divinity from Southwestern Baptist God.'' ally authorized Heritage areas and corridors. Theological Seminary in Fort Worth. His book, f Title VI provides $200 million for a coordi- ``Baseball's Sermon on the Mound,'' published REPORT FILING FOR H.R. 701 nated program on Federal and Indian lands to by Broadman Press, combines his seminary restore degraded lands, protect resources that training with his baseball experience. He has HON. DON YOUNG are threatened with degradation, and protect also served or led assorted pastors' con- OF ALASKA public health and safety. ferences and outreach programs. Minton and IN THE HOUSE OF REPRESENTATIVES Title VII provides $150 million for annual his wife, Joyce, have four and 12 grand- and dedicated funding for conservation ease- children. Wednesday, February 16, 2000 ments and funding for landowner incentives to Mr. Speaker, our community institutions are Mr. YOUNG of Alaska. Mr. Speaker, today, aid in the recovery of endangered and threat- only as strong as its members, and the mem- I filed the bill report for H.R. 701, the Con- ened species. bers of the First Baptist Church of Bellaire servation and Reinvestment Act of 1999. This Since oil and gas royalty payments are not have in a short sixty years established a very bill represented an agreement fashioned after deposited into the federal Treasury as an end- important cornerstone of the Greater Bellaire five days of Resource Committee hearings of-year lump sum, revenue held within the Community. I congratulate all the members of and months of Member negotiations. On No- ``CARA Fund'' accrues interest. Up to $200 the First Baptist Church of Bellaire on their vember 10, 1999, the Resources Committee million of this annual interest will match, dollar 60th anniversary. ordered this historic measure out of Com- for dollar, the amount appropriated during the f mittee by a bipartisan vote of 37±12. annual Congressional Appropriations process This legislation is the most comprehensive for the Payment In-Lieu of Taxes and Refuge PERSONAL EXPLANATION conservation and recreation legislation the Revenue Sharing programs. This provision is Congress has considered in decades and pro- intended to fully fund these two programs. HON. LOIS CAPPS vides permanent funding for valuable con- Because of the breath of this measure, H.R. OF CALIFORNIA servation and recreational opportunities that 701 enjoys the support of 294 Members of IN THE HOUSE OF REPRESENTATIVES will benefit the lives of all Americans. Congress. These supporters range from the Wednesday, February 16, 2000 Title I provides $1 billion each year to create most southern areas of Florida to my most a revenue sharing and coastal conservation Northern home of Alaska. Countless gov- Mrs. CAPPS. Mr. Speaker, due to a death fund for coastal states and eligible local gov- ernors, county commissioners, and mayors in my family I was unable to attend votes re- ernments to mitigate the various impacts of have rallied around this initiative. I hope that cently. Had I been here I would have made OCS activities and provide funds for the con- the Congressional Leadership joins with us to the following votes: Rollcall No. 8Ð``aye''; No. servation of coastal ecosystems. Several pro- pass this historic bill into Law this year. 9Ð``aye''; No. 10Ð``aye''; No. 11Ð``aye''; No. visions ensure that the valuable funding pro- f 12Ð``aye''; No. 13Ð``aye''; No. 14Ð``aye''; No. vided by this title does not prove to be an in- 15Ð``aye''; No. 16Ð``aye''; No. 17Ð``aye''; No. centive for additional oil and gas drilling, espe- HONORING THE FIRST BAPTIST 18Ð``aye''; No. 19Ð``aye''; No. 20Ð``aye''; No. cially in areas subject to pre-leasing, leasing, CHURCH OF BELLAIRE 21Ð``aye''; No. 22Ð``aye''; No. 23Ð``no''; No. or development moratorium. The intent of this 24Ð``aye''; No. 25Ð``no''. legislation is to provide for conservation and HON. KEN BENTSEN f recreational opportunities, and the authors and OF TEXAS TRIBUTE TO LEOLA HAGEMAN supporters deliver on that pledge. IN THE HOUSE OF REPRESENTATIVES Title II provides $900 million to guarantee stable and annual funding for the Land and Wednesday, February 16, 2000 HON. CHARLES B. RANGEL Water Conservation Fund (LWCF) at its au- Mr. BENTSEN. Mr. Speaker, I rise to recog- OF NEW YORK thorized level. This dedicated funding would nize the First Baptist Church of Bellaire for 60 IN THE HOUSE OF REPRESENTATIVES provide for both the state and federal pro- years of service. grams included in the LWCF, while protecting The First Baptist Church of Bellaire is proud Wednesday, February 16, 2000 the rights of private property owners. Even of its reputation as a church where Mr. RANGEL. Mr. Speaker, I would like to with the protections won during our negotia- congregants can worship in a friendly atmos- pay tribute today to an extraordinary woman tions, some feel this bill does not adequately phere that is especially supportive of families. and member of our community, a constituent address property rights. While not eliminating Established in 1940, First Baptist Church of of the 15th Congressional District in New York land acquisition nor the Land and Water Con- Bellaire now exceeds 500 members who par- from the time I was first elected. Leola servation Fund, H.R. 701 creates a Federal ticipate in the various musical programs, youth Hageman, who died on February 1, served land acquisition process and provides safe- and children's ministries, activities for seniors her community over the last 40 years with en- guards to private land owners that dramatically and singles, support of foreign missions, and ergy, dedication, intelligence, creativity and improve the status quo. more. One to its finest ministries is the Bellaire love. Her passing is an enormous loss for the

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.011 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E155 people of our community, New York City and St. Luke's Roosevelt Hospital. Angela has re- recognizing him at the 2000 Stars of Lake the United States. mained with the New York hospital industry County Community Awards ceremony on Sun- Leola Hageman moved from her native Chi- since 1979. She is currently on the staff of day evening, February 20, 2000. cago to New York City in 1959, with her hus- Brookdale Hospital Medical Center where she Mr. Speaker, it is appropriate that we ac- band, the Reverend Lynn Hageman, and their is in charge of processing applications for pa- knowledge and honor the life of Matthew Eric three children, Erica, Hans and Ivan. In 1963, tients in need of medical assistance. One of Black for his outstanding and unselfish man- Reverend Hageman founded an experimental ten children, Angela received encouragement ner in which he lived his life. He set an exam- narcotics program at Exodus House on East from her mother, Myrtle, to continue her edu- ple for all of us to live by. 103rd Street, and Leola Hageman worked with cation once she immigrated to the United f him as his full and indispensable partner. The States. To that end, she has pursued college PRESENTING CONGRESSIONAL program served thousands of addicts with ex- courses at the Borough of Manhattan Commu- GOLD MEDAL TO JOHN CAR- ceptional rates of success. nity College. Her daughter Sharla is also at- DINAL O’CONNOR Mrs. Hageman's contribution to our commu- tending college. nity by her work at Exodus House, without Angela has been married to Maurice Ander- SPEECH OF more, would already have been substantial. son since 1992. She remains a shining exam- However, Mrs. Hageman demonstrated her ple of the rich contributions made to this na- HON. JOSEPH CROWLEY exceptional energy, courage, intelligence and tion by many immigrants. Please join me in OF NEW YORK constructive spirit in a myriad of ways. recognizing the achievements of Angela Howe IN THE HOUSE OF REPRESENTATIVES One particular project drew her attention Anderson. Tuesday, February 15, 2000 and efforts for more than 30 years: improving f Mr. CROWLEY. Mr. Speaker, I rise in strong the education for the children of our commu- HONORING MATTHEW ERIC BLACK support for awarding the Congressional Gold nity. In the late 1960's, she worked tirelessly Medal to John Cardinal O'Connor. As the for the creation of local school boards, part of leader of the largest Archdiocese in the nation, a decentralization plan to improve education in HON. MIKE THOMPSON Cardinal O'Connor has been an active partici- communities throughout the city by appointing OF CALIFORNIA pant in the debate of the role of the Church people to the boards who would represent IN THE HOUSE OF REPRESENTATIVES and the role of society in helping those who their communities. These boards helped to Wednesday, February 16, 2000 cannot care for themselves. In that vein, the change the direction and conscience of the Cardinal has always embodied the Biblical Mr. THOMPSON of California. Mr. Speaker, city and well beyond. passage of the Good Samaritan. In both his I rise today to recognize a very special young Later, in the early 1980's, when Reverend words and actions, Cardinal O'Connor has man, Matthew Eric Black, from Lakeport, CA. Hageman suffered an illness and was no clearly demonstrated his devotion to the Matthew lost his life in the line of duty while longer able to carry on leadership of Exodus teachings of Christ and his spirit of the prin- attempting to suppress a wild-land fire on House, Leola Hageman opened a facility for ciples of this passage. children, including children of drug addicts, to June 23, 1999. He has not only spoken out on the care for come after school. Once again, well ahead of Matthew Black, the proud son of Jo Ann the elderly, the sick and the poor of New York; her time, Mrs. Hageman recognized the dan- and Gerry Gettman, was born on July 18 he has acted. gers of children being out on the streets in the 1978. He was the beloved brother of Michael He has used not only his pulpit to teach the afternoons after school and before their par- and Mark, a quadriplegic, who he was devoted word of Christ but also the true meaning of ents came home with nothing to doÐand cre- to, his fiancee, Jamie Bartko, sister-in-law, those words. ated a safe and constructive environment for Denise, an aunt and uncle, Bonnie and Danny He was one of the first Church officials to them to come to at Exodus House. The seed Black, a great aunt, Virginia Thompson, and recognize the horrible toll of the AIDS epi- that Mrs. Hageman planted with that program his grandmother, Idean Mason. He graduated demic and used his moral authority to open has now blossomed into the East Harlem from Clear Lake High School in 1997 where New York State's first AIDS-only unit at St. School at Exodus House, a highly successful he loved playing sports including wrestling, Claire's Hospital. Additionally, he also pro- middle school founded by Reverend and Mrs. track, and football. He was named MVP in a vided compassion through words and actions Hageman's two sons. The East Harlem School coed youth soccer league and played ice and made it known that everyone was a child is now in its ninth year of operation, providing hockey for the Belmont Rangers, Level A Divi- of God and was deserving of love, compas- an exceptional educational experience to its sion, and won a state championship with them sion and respect. students. in 1994. He continued to work to strengthen the rela- Mr. Speaker, the loss of Leola Hageman, Having a desire to help people, Matthew tions between those followers of his flock and and only a little more than a year ago her hus- joined the city of Lakeport Fire Department as the followers of the Jewish faith, recognizing band, the Reverend Lynn Hageman, leaves an a volunteer and was a former member of the the power of the inter-faith alliance. enormous void in our community. Their lives Lake County Sheriff's Department Explorer He is a man who has dedicated his life to epitomized the finest dedication to service and Program. When Matthew was in high school helping lift others up, all the while never seek- ``tough love''Ðas one alumnus of Exodus he wrote an essay for a school project called ing out worldly possessions or public acco- House put it at a recent memorial service for Roots and Wings which laid out his dream to lades. These are some of the reasons I sup- Mrs. Hageman. The example of the way Leola be a firefighter. It said in part: port this Honor today. But there are othersÐ and Lynn Hageman chose to live their lives in My future is approaching real fast. I have many more personal. dedication to others should serve as an inspi- thoughts about what I am going to do and In my family, three of my relatives received ration and a challenge to each of us now and the skills that I will need to do them. My the divine calling to dedicate themselves to in the years to come. goals are to graduate and go to junior col- the Lord's work. My uncle, Father John Crow- lege majoring in fire science and to go on f ley, is currently the Pastor of St. John of the and become a firefighter. . . . I have always Cross Church in Vero Beach, FL. Another HONORING ANGELA HOWE wanted to be a firefighter for as long as I can uncle, Father Paul Murphy is a Catholic priest remember. ANDERSON in Philadelphia. A member of the Vincesian Matthew Black wanted to save lives and to order, he, like Father Crowley, has been in- HON. EDOLPHUS TOWNS change lives for the better. He was a strong spired by Cardinal O'Connor and view him as OF NEW YORK individual who enriched so many lives with his a personal figure of inspiration. My aunt, Sister IN THE HOUSE OF REPRESENTATIVES caring, compassionate, loving feelings. When Mary Rose Crowley, a member of the Sisters someone was sad or angry, he would lift them of Notre Dame, is based in West Palm Beach, Wednesday, February 16, 2000 up by making them laugh and feel better. He and she too, has reflected upon the power, Mr. TOWNS. Mr. Speaker, I want to recog- was an unselfish young man who, when he grace and compassion of the Cardinal. nize the hard work of Angela Howe Anderson. saw a need, delivered. He is often remem- These people, all dedicated to the teachings Angela is a true immigrant success story. bered for giving a young mother his bike for of Christ, have received both encouragement After arriving in the U.S. in 1979 from Trini- her son when she expressed she could not af- and guidance from the Cardinal. The Cardinal dad, Angela began working for Bloomingdale's ford one. has always served as a role model of conduct department store. However, she remained To honor the remarkable life of this special and solid Christian behavior for my relatives there for only three months before moving to man, the community of Lake County will be and for thousands of other Catholics, not only

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.015 pfrm02 PsN: E16PT1 E156 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 New York but throughout the nation and the is not properly implemented, the State wildlife ment and the government of Punjab. His fam- world. and sport fish restoration suffers. ily suffered losses in the 1984 massacre in As the leader of the New York's Catholics, Some internal changes have already been Delhi, which were organized by government- he has also been influential in establishing made by the Fish and Wildlife Service in the inspired mobs while the Sikh police were and maintaining a series of high quality, Division of Federal Aid to address the abuses locked in their barracks and the state-run TV Catholic schools throughout the city. As a of administrative funds and we are encour- and radio called for more Sikh blood. He has graduate of parochial schools, I have been aged that steps are being taken toward fixing now filed suit for his rights as a 1984 riot vic- brought up with the values of the Cardinal and the problems. But these are only steps, they tim. the Bible, and I hope that I will be able to in- are not permanent. Legislation is needed to Sukhbir Singh Osan earned an LL.B. degree still these same values of family and faith into clearly explain how administrative funds can from Punjab University seven years ago but it my son, Cullen, who was baptized recently in and cannot be spent. In addition to taking ini- is being withheld from him because he has ex- the Catholic faith. tiative to make changes in the Division of Fed- posed corruption and brutality. For his aggres- I urge all of my colleagues to support the eral Aid, I am pleased that the Administration sive reporting, the Indian government has awarding of the Congressional Gold Medal to has been involved in working with us on this damaged his career in an arbitrary and vindic- this great man, John Cardinal O'Connor. bill. The millions of dollars sportsmen and tive manner. May God Bless him as he undertakes his sportswomen have paid in excise taxes have Mr. Osan's situation proves that in ``demo- next challenge, that of battling cancer. to be protected. This bill offers them that much cratic'' India the law is subservient to the wish- f needed protection. I urge my colleagues to co- es of those in power. The people in power sponsor this measure and I intend on taking routinely violate the law for their own benefit. WILDLIFE AND SPORT FISH RES- deliberate action to move this bill in my com- How can a country be a democracy when the TORATION PROGRAMS IMPROVE- mittee in March. government routinely subverts the rule of law? MENT ACT OF 2000 f It is clear from the treatment of Mr. Osan and from so many other incidents involving the HON. DON YOUNG THE MARRIAGE TAX PENALTY abuse of Sikhs, Christians, Muslims, and other OF ALASKA ACT (H.R. 6) minorities that the only way these minorities IN THE HOUSE OF REPRESENTATIVES will secure their freedom to live in peace, dig- nity, and security is by achieving their freedom Wednesday, February 16, 2000 HON. LOIS CAPPS OF CALIFORNIA from India. In this light, it is appropriate for the Mr. YOUNG of Alaska. Mr. Speaker, the IN THE HOUSE OF REPRESENTATIVES United States to take action to protect the Wildlife and Sport Fish Restoration Programs rights of the minority peoples of the subconti- Improvement Act of 2000, which I have intro- Wednesday, February 16, 2000 nent. duced with several of my Colleagues, amends Mrs. CAPPS. Mr. Speaker, last week the If India cannot observe the rule of law even the Pittman-Robertson Act and the Dingell House voted on the Marriage Tax Penalty Act for a victim of the 1984 Delhi massacres, then Johnson Act regarding the use of funds to ad- (H.R. 6). Had I been present for this vote, I why should it receive any aid from the Amer- minister those Acts. This bill will maintain the would have voted ``aye.'' The bill passed the ican taxpayers? We should stop that aid, sub- integrity of the two Acts by ensuring that funds House with strong bipartisan support by a vote ject India to the sanctions that their terrorist used for ``true administration'' will be used re- of 268±158. rule deserves, and throw the full weight of the sponsibly and that funds not used for ``true ad- I firmly believe that this Congress should U.S. Congress behind a free and fair, inter- ministration'' will pass to the States for res- enact some common sense tax reformÐin- nationally-supervised plebiscite to decide the toration projects that benefit fish and wildlife cluding ending this unfair burden on married question of independence for Khalistan, Kash- as required under the law. it will ensure that taxpayers. Since coming to Congress, I have mir, Nagaland, and the other nations of South the millions of excise tax dollars from guns, cosponsored legislation to address this in- Asia. ammo, archery equipment, and fishing equip- equity because I know that this is something Until these things are done, there will con- ment paid by sportsmen and sportswomen will we must fix. It is unfair that some couples pay tinue to be others mistreated like Sukhbir go to the States for wildlife and sport fish res- an average of $1400 more in taxes simply be- Singh Osan, and worse. America is the bea- toration projects. cause they are married. So I am pleased that con of freedom. How can we accept this? During three Congressional oversight hear- we can offer this common sense relief for Mr. Speaker, I submit the Burning Punjab ings in 1999, the House Committee on Re- American families. article on Mr. Osan's plight into the RECORD sources uncovered numerous spending impro- But while I would have supported this bill, for the information of my colleagues. prieties involving wildlife and sport fish admin- we can improve upon it as it makes its way [From the Burning Punjab News] istrative funds by the Fish and Wildlife Serv- through the legislative process. Specifically, RIOTS RUINED FAMILY, JUDICIARY HIS LIFE ice's Division of Federal Aid. As much as one- the benefits of the bill must be targeted more Chandigarh—Sukhbir Singh Osan in a Civil half of the ``administration'' money may have directly to middle class families who are cur- Writ petition No. 14940 of 1999 filed in the been improperly used. This was the first time rently saddled by the marriage penalty. This Punjab & Haryana High Court has pleaded since Pittman-Robertson was passed in 1937, will bring relief to those Americans who most that—‘‘he became a ‘November 84 riot vic- and since Dingell-Johnson was passed in need it, and free up additional resources for tim’ neither by his own act nor by birth since he was just 14 years old when riots 1950, that the administration of these Acts has other critical prioritiesÐpaying down the na- been examined by Congress. Officials testi- took place. He further pleaded that the fail- tional debt, modernizing Medicare, saving So- ure of the executive and the law & order sit- fying from the non-partisan General Account- cial Security, and making investments in edu- uation and also the failure of various provi- ing Office were critical of the management of cation, health care, the environment, and na- sions incorporated in the Indian Constitu- administrative funds by the Division of Federal tional defense. tion, after the assassination of the then In- Aid, stating that ``the combined experience of f dian Premier Indira Gandhi was the reason the audit team that did this work represents which placed him under the category of about 160 years worth of audit experience. To S.S. OSAN, DELHI MASSACRE VIC- ‘Sikh Migrant Family & Riot affected per- our knowledge, this is, if not the worst, one of TIM, DENIED JUSTICE BY INDIA son’’. The petition has been fixed for hearing the worst managed programs we have en- on November 15, 1999 before the Chief Justice Arun B. Saharia and Mr. Justice Swatantar countered.'' HON. EDOLPHUS TOWNS Kumar. Osan has demanded ‘justice’ in this The trust has been broken between the OF NEW YORK petition. sportsmen and sportswomen who fund the IN THE HOUSE OF REPRESENTATIVES ‘‘Punishing those who were responsible for Acts through excise taxes and the Fish and riots in November, 1984 and to grant certain Wildlife Service who were responsible for ad- Wednesday, February 16, 2000 concessions to the victims of these riots are ministering the Acts. At each of these hearings Mr. TOWNS. Mr. Speaker, I rise today with two different things?’’, Sukhbir Singh Osan we learned that administrative funds were yet another example of how India violates the has questioned the division bench of the High Court. The petition elaborates, how a used for expenses unrelated to the administra- basic human rights of its minorities and ig- riot victim in Sukhbir Singh Osan was har- tion of the Acts. We learned that administra- nores the rule of law. assed, his career was ruined in an arbitrary tive funds that were used for administration of Sukhbir Singh Osan is a journalist in Pun- and vindictive manner and that too right the Acts were not used responsibly. We jab. He has exposed many scandals and acts under the nose of judiciary shows that jus- learned that if the administration of these Acts of tyranny on the part of the Indian govern- tice in India is not a virtue which transcends

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A16FE8.018 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E157 all barriers. It also proves that law never 9th Congressional District. Arthur Wilkowski, to insure a proper, dignified burial for veterans bends before justice on the land of Sri Guru former state legislator and judge, passed from who are qualified to receive a VA pension or Nanak Dev, Sri Guru Teg Bahadar and Sri this life on November 30, 1999 at the age of compensation. Today, I will introduce legisla- Guru Gobind Singh. Why Sukhbir Singh Osan’s result/degree of 70 years. tion to insure that after years of inadequate LL.B. course is being withheld by the Panjab After teaching for many years and eventu- support this policy is actually implemented. University for the past about seven years is ally earning a law degree from the University Ever since veterans were first provided with a apathetic story because he in the capacity of Toledo in 1959, Art began his foray into pol- a burial allowance following World War I, the of a journalist tried to expose corruption, itics the hard way. He ran unsuccessfully for benefit has been slowly eroding. If the original high-handedness and other irregularities at state representative in 1960 and Toledo City allowance were adjusted for inflation, the $100 different levels in the University affairs Council in 1963. In 1969, after gaining ap- through his dispatches in a leading daily World War I benefit would total over $1,000 during 1991. pointment to the Ohio House Representatives today. The $150 benefit provided after World Narrating chronology of his ‘ordeal’ he battled his way to re-election, and held the War II would total over $850 today. The $300 Sukhbir Singh Osan in a writ petition filed position until his resignation in 1983. Through- benefit that has been provided since 1978, the by him ‘‘in-person’’ in the Punjab and out his tenure in the Ohio General Assembly, last time the benefit was increased, would Haryana High Court has said that in August, and later during brief stints as a federal judge total over $700 today if it were adjusted for in- 1990 he was granted admission in LL.B. and magistrate, Art was widely regarded as flation. Today, however, veterans' families re- course under the Riot affected (November, among the finest of orators and his speeches 1984) category in the Department of Laws, ceive exactly what they would have received Panjab University, Chandigarh. Being a jour- were well known. Former colleague Barney 22 years agoÐ$300Ða fraction of the cost of nalist he in good faith published certain Quilter, Speaker Pro Tempore, recalled ``When even the most basic memorial. Our veterans news items pertaining to nefarious activities he spoke on the floor of the House, everybody deserve better. including corruption, high-handedness, listened. They knew they would know more The Veterans Burial Benefits Improvement moral turpitude and other irregularities at than when the speech started.'' Current Ohio Act enhances the current, insufficient burial al- different levels in the university affairs. House Minority Leader Jack Ford ``was in awe lowance, providing $1,000 to each qualified Smitten by a news-item, Sukhbir Singh was of the former legislator's talent'' though he did asked by Dr. R.K. Bangia, Prof. & Chairman, veteran. This brings the benefit in line with Department of Laws in a written commu- not serve with him. ``He would do everything Congress' original intentÐallowing veterans' nication on May 29, 1991 ‘to furnish some au- from a little Shakespeare to language from the families to provide our soldiers, sailors, air- thentic proof as evidence of the facts as stat- Founding Fathers,'' Representative Ford said. men, and Marines with dignity in death. I urge ed by you’’ in the news-item ‘‘Teen Hazaar Art Wilkowski championed causes near and my colleagues to join me in this effort by co- Mein Uttirne Karva Date Hain Kanoon Ki dear to him, regardless of controversy or pop- Pariksha’’ otherwise strict action would be sponsoring this important initiative. ularity. He worked tirelessly on many different f taken against him. On September 30, 1991 in issues, but was most devoted to the creation an arbitrary and illegal manner his admis- of the Ohio Civilian Conservation Corp and the sion was cancelled when he was studying in INTRODUCTION OF H.R. 3670 the 3rd semester of the LL.B. course, since development of a high-speed passenger rail Dr. J.M. Jairath, Dr. R.K. Bangia and Dr. system. In his tribute to Art, Mr. Quilter noted, HON. JAMES L. OBERSTAR R.S. Grewal were got annoyed due to news ``He took his ideas and turned them into law OF MINNESOTA reports filed by S.S. Osan. Sukhbir Singh in Columbus. He was probably the brightest IN THE HOUSE OF REPRESENTATIVES Osan approached the Punjah & Haryana High person I knew in the legislature.'' Perhaps the Court against the Panjab University, but the highest praise comes from long-time con- Wednesday, February 16, 2000 High Court relegate him for his remedy to sumer advocate and community leader Mike Civil Court. The Civil Court of Chandigarh Mr. OBERSTAR. Mr. Speaker, today, I am after four years of hectic activities of exam- Ferner who commented, ``He was uncom- introducing legislation to enhance the protec- ining evidence and witnesses termed the ad- monly courageous. A lot of people will remark tion of the Great Lakes, and to begin the mission of Sukhbir Singh Osan as genuine on his oratorical skills, but to me, his courage cleanup of our industrial legacy. My bill will re- and according to law. The judge in his 27 and integrity were more significant.'' authorize the Great Lakes Program of the En- page order also declared Sukhbir Singh Osan Choosing to resign from the Ohio General vironmental Protection Agency, significantly in- as ‘November 84 riot victim’. It was perhaps Assembly in July of 1983, Art wrote that ``pub- creasing the authorization for this highly suc- the first ever case in the history of India and lic service was the fulfillment of all my boy- cessful program, and authorize the funding for Indian judiciary, that a riot victim was hood dreams and aspirations, as such related asked to prove that he is a ‘November 1984 cleanup of contaminated Areas of Concern as Riot affected person’ and Sukhbir Singh to a productive life.'' Though his presence and provided in the President's budget. Osan has proved the same in the civil court. skill were sorely missed in the Ohio House of The Great Lakes are the Nation's largest Here it is pertinent to mention that Sukhbir Representatives, he was able to resume his fresh water resource and the largest system of Singh Osan along with his family migrated law practice in Toledo's Polish Village taking fresh water on Earth, containing nearly 20 per- from Madhya Pradesh to Punjab in the year on more legal work on behalf of clients who cent of the world supply. The Great Lakes 1985 after November 1984 anti-Sikh riot could not pay a cent for his brilliant work, contain 5,500 cubic miles of water and cover which broke through out India after the as- serve an appointment to the 6th District Court sassination of the then Indian premier Indira 94,000 square miles. Only the polar ice caps Gandhi. Such was the agony of Sukhbir of Appeals, and write. He was serving on the contain more fresh water. Singh Osan that he has to recall all those Lucas County Probate Court as Magistrate at Great Lakes Basin is of critical importance days, which his family has suffered during the time of his death. to the economy of two nations. The Basin is 1984. Art Wilkowski was genuine and generous, home to more than one-tenth of the U.S. pop- The miserable plight of Sukhbir Singh and a man committed to his ideals. He will be ulation, and one-quarter of the Canadian pop- Osan proves that in India law and judiciary missed not only by his family, but our commu- ulation. One of the world's largest concentra- are not meant for those who obey them but nity as well. We offer our heartfelt condo- are subservient to those who outrage the tions of economic capacity is located in the modesty of the very concept of law & justice lences to his children Kathy, Craig, and Keith, BasinÐsome one-fifth of U.S. industrial jobs and that too, in connivance of those who are grandchildren, and sisters Helen, Wanda, and and one-quarter of Canadian agricultural pro- considered to be the custodian of law & jus- Olga. May fond memories of the precious gift duction. tice. Will the law of India be able to punish of Art's life sustain them. Notwithstanding the immense size of the those who have ruined the life of Sukhbir f Lakes, outflows from the Lakes are less than Singh Osan? Whither Indian Judiciary? PROVIDING OUR VETERANS DIG- 1 percent per year. When pollutants enter the f NITY IN DEATH: THE VETERANS lakes by pipe, as wet weather runoff, or as air TRIBUTE TO THE HONORABLE BURIAL BENEFITS IMPROVE- deposition, they are retained in the system ARTHUR WILKOWSKI MENT ACT OF 2000 and become more concentrated with time. They settle in the sediments, and accumulate in the food chain. HON. MARCY KAPTUR HON. MAC COLLINS We may have restored certain fisheries, OF OHIO OF GEORGIA such as walleyes in Lake Erie, but these fish IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES still bear the burden of pollution and contami- Wednesday, February 16, 2000 Wednesday, February 16, 2000 nation sediments. Fish continue to be found Ms. KAPTUR. Mr. Speaker, I rise today to Mr. COLLINS. Mr. Speaker, since the early with cancers and sores and high levels of pay homage to a veteran political leader of our days of this century, it has been Federal policy PCBs and dioxin. If you eat fish once a week

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.022 pfrm02 PsN: E16PT1 E158 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 and live within 20 miles of one of the Great Ann'e Catholic Church, to name only a few. devoted to his beautiful wife Jacquie, and fa- Lakes, you are likely to have 440 parts per bil- Tom's dedication and devotion to the commu- ther to seven wonderful children. He is one of lion PCBs in your body. That is more than 20 nity was evident in positions he assumed as a their own: a man who truly exemplifies the times higher than people living elsewhere in Board Member of National Catholic Charities, very finest traditions and values of the Amer- America and not exposed to Great Lakes fish. and of St. Rose Dominican Hospital. Tom has ican family and the American sportsman. It is past time that we aggressively clean up also been appointed to state-wide commis- It is with deep respect for his many out- the persistent pollution captured in the sedi- sions by three Nevada Governors. standing achievements and the tremendous ments of the Great Lakes. The 1987 amend- Tom has attributed his work and successes contributions he has made to countless young ments to the Clean Water Act established the to the late Monsignor Charles Shallow, who people throughout his illustrious career that I Great Lakes National Program Office and encouraged him to come and work for Catho- commend him and thank him on the floor of called for a demonstration project for the re- lic Charities in Las Vegas. the House of Representatives and further ex- moval of toxic pollutants from sediments. The Tom's most recent honor was bestowed tend our warmest wishes to him and his fine Great Lakes Critical Programs Act of 1990 re- upon him by the Holy Father, Pope John Paul family for every continued happiness and suc- quired the establishment and implementation II, who offered Tom an apostolic papal bless- cess. of Great Lakes water quality guidance. Now ing for all of his good works and deeds for the f we should permanently address the problem poor and youth of America. of contaminated sediment. Mr. Speaker, I ask my colleagues to join me INTERNATIONAL TERRORISM The United States and Canada have jointly in honoring a great Nevadan and a great identified 43 Areas of Concern in the Great American, Tom Miller, for his commitment to HON. ROBERT WEXLER Lakes. Thirty-one of these fall wholly or partly our communities, and his ability to spread OF FLORIDA in U.S. waters. Even though over 1.3 million peace and kindness through service to the IN THE HOUSE OF REPRESENTATIVES cubic yards of contaminated sediments have community. Wednesday, February 16, 2000 been remediated over the past 3 years, the f challenge is so great that remediation is not Mr. WEXLER. Mr. Speaker, recently, the complete at any U.S. Area of Concern. HONORING COACH MARIJON world's oldest democracy, the United States, The bill I am introducing today, in support of ANCICH and the world's largest democracy, India, joint- the President's budget proposal, represents a ly agreed to work together to fight a common dramatic increase in support for Great Lakes' HON. GRACE F. NAPOLITANO enemyÐinternational terrorism. The agree- states and communities. This bill will: OF CALIFORNIA ment between our nation and India is a rec- Reauthorize the Great Lakes Program at IN THE HOUSE OF REPRESENTATIVES ognition that terrorism is a worldwide threat that singles out those nations who have con- $40 million annually for 2001±2005. Wednesday, February 16, 2000 Authorize $50 million annually for 2001± sistently followed the democratic path. It is 2005 for projects to improve water quality at Mrs. NAPOLITANO. Mr. Speaker, I rise also recognition that we face a common foeÐ Areas of Concern in the Great Lakes. The fed- today to recognize the outstanding achieve- Osama bin Laden. eral share would be 60%. ments of Coach Marijon Ancich. It may come The joint agreement to work together rep- Amend the current Great Lakes Program to as no surprise to the students and faculty at resents not only a combining of effort but rep- authorize projects to improve degraded fresh St. Paul High School in Santa Fe Springs, resents as well as new area of cooperation water estuary habitat. The federal share would California, nor in fact, to those in the entire between our two nations. This agreement be 65%. southland who follow high school sports, that builds on the strong relations existing between I will be working toward the swift enactment one of their own has won the NFL/KABC High the United States and India. of this legislation, and I urge all of my col- School Coach of the Year Award. This award Just last week here in Washington, the first leagues to join me in protecting this precious is given to the high school coach who best ex- tangible expression of the joint agreement be- fresh water resource. emplifies the meaning of sports and who goes came evident. Representatives from the two f above and beyond the call of duty. That only countries held their first meeting as part of the begins to describe the life and career of this Joint Working Group on Terrorism (JWG) HONORING G. THOMAS MILLER year's most deserving recipient. under the leadership of the Department of At age five, during the height of World War State and India's Ministry of External Affairs. HON. SHELLEY BERKLEY II, Marijon Ancich fled Yugoslavia with his Other organizations represented at the meet- OF NEVADA mother and brother to escape the advancing ing included the United States Department of IN THE HOUSE OF REPRESENTATIVES German army. They arrived in New York, but Justice, the Federal Bureau of Investigation, it would be seven years later that his family India's Home Ministry and its Intelligence Bu- Wednesday, February 16, 2000 moved and eventually settled in Southern Cali- reau. Ms. BERKLEY. Mr. Speaker, I would like to fornia. Little did the twelve-year-old Marijon According to the JWG, the first joint action take a moment to recognize a man who has know that he would someday, touch the lives is to apprehend and bring to trial the hijackers dedicated his life to public service in the com- of thousands of young men. Believing in of Indian Airlines Flight 814 who used inno- munity. sports as more than just a game, Coach cent civilians as bargaining chips to further G. Thomas Miller, married 33 years to his Ancich instilled in his players a set of values their terrorist ends. But the working group has wife, Carmen, and has four grown children, is and ethics that would help prepare them for a larger agenda, eradicating terrorism and a devoted family man who has been recog- the world. Over a hundred of his players have those who sponsor or finance it. nized time and again for his outstanding become coaches around the country and he I rise today, Mr. Speaker to applaud our achievements and service. Inspired by his has helped over two hundred students win joint efforts with India. This is an initiative that Catholic faith, he has made a positive dif- athletic scholarships that enabled them to at- is long overdue. If their efforts result in suc- ference in the lives of literally thousands of tend some of the most prestigious universities cess, whether in the capture of the Indian Air- people. in America. lines hijackers, or in the reduction of terrorism Tom began his service to the community 31 In his 37 years as a dedicated football itself, the citizenry of our two democracies, years ago with the Catholic Community Serv- coach, Marijon Ancich has brought home three and the citizens of all the world's democracies, ices of Nevada, now known as Catholic Char- California Interscholastic Federation cham- will be well served. ities. For twenty-three of his years at Catholic pionships, and his record of over 300 wins f Charities, Tom worked as the Executive Direc- makes him one of only two coaches to have tor. Tom began the Meals and Wheels pro- reached that milestone in the history of Cali- TRIBUTE TO JACK GIBSON gram, and initiated several other senior pro- fornia high school football. For those who grams and youth programs, such as the Holy know Coach Marijon Ancich, this award is long HON. MARION BERRY Family and Henderson Day Care Centers, and over due. But to say that this latest accolade OF ARKANSAS the Sunrise Boy Ranch. is the culmination of all his hard work would IN THE HOUSE OF REPRESENTATIVES In addition to his post at Catholic Charities, be a disservice. For the people of St. Paul Tom committed his time to various groups High School know there is more to the coach Wednesday, February 16, 2000 such as the Knights of Columbus #2828, Las than the awards on his mantle. To them, he is Mr. BERRY. Mr. Speaker, I rise to pay trib- Vegas Rotary Club, and as a lector for St. a man who is active in the community, a man ute to a man who is a dear friend of mine,

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.025 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E159 Jack Gibson, on the occasion of his 80th birth- military personnel, pay raises only help on the recognize the players who made it happen. day. margin. They include Derrick Bryant, Darius Johnson, Jack Gibson has served the state of Arkan- The legislation also addresses a question of Nick Garrison, Steve Turner, Chuckie Reid, sas and his country all of his life. After com- fairness. The downsizing of military treatment Rashad Stevenson, Jonathon Holloman, Stan- pleting his secondary education in Louisiana, facilities often makes it difficult for Tricare ley Butler, Wayne Traylor, Quincy Thomas, he became a naval aviator and flew in the car- Prime enrollees to get appointments which Jonathon Spencer, Quincy Smith, Wich Bren- rier task force during World War II. After the would not require a copay. But if enrollees ur- ner, Calvin Humphrey, Matt Brooke, Brian war, he returned to the United States and fin- gently need an appointment, and elect to go to Bourn, Montrey Gilchrist, Antonio Graves, ished college at Mississippi State University. a civilian provider, they face copayments, cre- Kevin Green, Brandon Hunt, Brandon Tucker, He entered business with his father where ating an inequity and a potentially pernicious Bradley Watson, Kwan Walls, Sam Hairston, they operated a farm, cotton gin, and an agri- disincentive to receiving timely care. My bill Kedrick Russell, Clint Sarvis, Twain Johnson, cultural spraying business. has a further policy justification as the Depart- Rickey Haywood, Rod Zimmerman, Josh Through his years in Arkansas, Jack has ment of Defense has indicated that the Tricare Mitchell, Travis Cobb, Atari Evans, Alan been active in state, civic and community life Prime program is the most cost-effective Byerly, Tyler Walls, Michael Waugh, Grant and has always worked to represent agri- Tricare option. Eliminating the copay creates Allred, Rodney Pitts, Andre Matthews, Titus culture, the greatest profession there ever an incentive for additional enrollment in Johnson, Tron McNeil, Travis Johnson, Joe was. He is a former director of Chicot County Tricare, which ultimately saves taxpayer dol- Atkins, Roy Bronson, James Leak, Daniel Bell, Soil Conservation District and served as the lars. Matthew Waugh, Brandon Greeson, Jerome president of the Southeast Arkansas Soil Con- The Department of Defense budget request Garrett, Kyle Ingram, Cornelius Leach, Reco servation District. He was also chairman and for Fiscal Year 2001, which was released at Graham, Tony Dixon, Devin Buchannon, Phil- the original member of the Arkansas Soil and the beginning of this week, generally supports lip Green, and Dane Brenner. Water Conservation Commission. He served my proposal. The DOD bill would eliminate Head Coach Whitman was ably assisted by as president and member of the Agricultural copays for service members and dependents an outstanding team of coaches including Bill Council of Arkansas and president of the Ar- using civilian facilities, but doesn't address the Anderson, Steve Edwards, Jim Grkman, kansas Conservation Districts. Jack also equally large retired population. I believe we Chuck Henderson, Steve Johnson, Wayne served as president and CEO of two commu- need to eliminate the copayment for all Tricare Jones, Jeff Thomas, and Troy Whitman. The nity banks in Southeast Arkansas and has Prime enrollees and urge my colleagues to co- Bison support group including Dr. Richard been a member of the Farm Bureau since sponsor H.R. 3565. Keever, the team physician, Ronnie House, 1948. f the trainer, Winfrey Bivens and Jane Johnson, As State Senator from District 35 for 12 who handled the videotaping, along with ball years, Jack held chairmanships on the Agri- HONORING HIGH POINT CENTRAL boys Bret Hammer, Stephen Johnson, and culture and Economic Development Commit- HIGH SCHOOL Ben Thomas. tees, and the Legislative Audit. During his ten- So, as High Point Central continues to cele- ure in the Arkansas legislature, he was also a HON. HOWARD COBLE brate its first football championship in 20 member of the Legislative Joint Budget, Legis- OF NORTH CAROLINA years, we offer our congratulations to every- lative Council, and Revenue and Taxation IN THE HOUSE OF REPRESENTATIVES one associated with Bison football. Everyone Committees. He has been affiliated with the Wednesday, February 16, 2000 from Principal Helen Lankford to the students, Farm Credit System for 39 years and served staff, and faculty at High Point Central High on both the PCA and FBL boards, as well as Mr. COBLE. Mr. Speaker, with the recent School can take pride in capturing the ultimate the Sixth District Advisory Board. Jack is cur- Super Bowl, another exciting football season prize. I join with the family, friends, and fans rently the executive director of the Arkansas has come to an end. Before we put this sea- of Bison football in congratulating High Point Livestock and Poultry Commission. son to bed, however, I wish to take a moment Central High School for winning the 1999 Jack Gibson resides in Boydell, Arkansas, to recognize a high school in the Sixth District North Carolina 2±A Football Championship. the town where he was born. He has devoted of North Carolina that just concluded a perfect The season was, in a word, perfect. his life to agriculture and Arkansas and the football season. The High Point Central High f world is a better place because of his service. School Bison completed a 15±0 season by I am proud to call him my friend and I wish capturing the 1999 North Carolina 2±A Foot- ST. CLAIR COUNTY BOARD him a happy 80th birthday and many more ball Championship. MEMBER WADE BRUNSMAN years of happiness. High Point Central defeated Southwest f Onslow by a score of 30±7 in Chapel Hill, NC, HON. JERRY F. COSTELLO on December 11, 1999, to win the State 2±A OF ILLINOIS ELIMINATE THE TRICARE PRIME high school title. In fact, going into the cham- IN THE HOUSE OF REPRESENTATIVES COPAY pionship game, both teams were undefeated. The Bison used a swarming defense and an Wednesday, February 16, 2000 HON. GEORGE R. NETHERCUTT, JR. opportunistic offense to overwhelm the pre- Mr. COSTELLO. Mr. Speaker, I rise today to OF WASHINGTON viously-unbeaten Stallions. The Bison com- ask my colleagues to join me in honoring a IN THE HOUSE OF REPRESENTATIVES pleted one of the most dominating seasons in good friend, good husband, father, grandfather recent high school football history. The team and a great public servant Mr. Wade Wednesday, February 16, 2000 had not one but two running backs who Brunsman. Mr. NETHERCUTT. Mr. Speaker, I hear rushed for more than 2,000 yards each. The Born in St. Louis and raised in Clinton from constituents on a daily basis who are Bison scored 641 points in capturing both con- County, Wade is the father of 4 children and concerned about the availability and afford- ference and regional titles. 5 grandchildren. Wade, a Navy machinist, ability of military health care. On February 1, Head Coach and Athletic Director Gary served as a chief of engine rooms aboard a I introduced H.R. 3565 to eliminate the copay- Whitman, who had won two State titles while minesweeper in World War II. He received his ment requirement for Tricare Prime and to at Lexington High School, led High Point Cen- engineering degree from Case Western Re- make military health care more affordable. tral to its first State championship since 1979. serve in Cleveland and opened a heating and Retirees pay an annual enrollment fee for ``The State championship is obviously a great refrigeration service in 1957. coverage and are also subject to copayment exclamation point for the season,'' Coach Elected to the St. Clair County Board in requirements. Active duty families do not pay Whitman told the High Point Enterprise. ``Our 1952, Wade has served on many committees an enrollment fee, but are also subject to co- kids deserve a lot of the credit and the coach- and subcommittees. He served as the Chair- payments. I am concerned that these copays ing staff has done a great job. The pressure man of St. Clair Board's Environment Com- can dramatically increase overall health care has been on them all year long, and they've mittee working on many issues including storm costs, particularly for retirees on a fixed in- handled it well. I'm proud of them for that, and water management, land use, zoning, landfill come or for younger enlisted personnel. At $6 it can't be much better than it is right now.'' and environmental issues for the benefit of all to $12 a visit, these copays quickly erode the Coach, you are so right. Winning the State citizens in our region. He also served as a real progress Congress made last year ap- championship is the ultimate price and it took member of the St. Clair County Board's Fi- proving a long overdue increase in military complete cooperation from a lot of dedicated nance Committee which oversees the dis- pay. Unless we reduce out-of-pocket costs for people to reach the pinnacle. First, we have to bursement of monies for the County's day-to-

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.029 pfrm02 PsN: E16PT1 E160 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 day operations and its long range planning, as on Jewish law. A renowned author and schol- No. 13ÐRangel substitute (Marriage Tax well as compiling the County's annual budget. ar, who was blessed with a photographic Penalty Relief). Yea. Wade was also instrumental in assisting the memory, he tackled the gamut of biblical and No. 14ÐHill of Indiana motion to recommit County in guiding the development of Talmudic law. I understand that, over 40 (Marriage Tax Penalty Relief). Aye. MidAmerica airport and the St. Clair County years, the Rabbi responded to more than No. 15ÐMarriage Tax Penalty Relief Act extension of MetroLink. Wade also has acted 20,000 questions, on issues ranging from the (final passage), H.R. 6. Nay. as the County Board's Vice-Chairman since use of electricity on the Sabbath to the To- FEBRUARY 14, 2000 1991. He served on the St. Clair County Plan- rah's view on organ transplants. In his scared No. 16ÐNational Donor Day, H. Con. Res. ning Commission since it was formed in 1989. writings, he found a solution for every modern 247. Yea. In his tradition of fine public service, Wade contingency of the human condition. No. 17ÐChild Abuse and Neglect, H. Con. was also named officeholder of the year in I get a great pleasure learning from, and Res. 76. Yea. 1986 by the Belleville Democratic Committee. writing for, The Jewish Press. I always appre- FEBRUARY 15, 2000 As a true public servant, he also finds the time ciated the kindness that Rabbi Klass showed No. 18ÐH.R. 3557, Gold Medal for Cardinal to volunteer his services to senior citizens me in allowing me to be part of his incredible O'Connor. Yea. throughout the area. In 1973, as Chairman of newspaper. Rabbi Klass was a wonderful, in- No. 19ÐH.R. 3642, Gold Medal to Charles the St. Clair County Board, I appointed Wade fluential and talented man who used his abili- M. Schulz. Yea. to the Advisory Board for the Programs and ties for great public service. No. 20ÐH.R. 3201, Carter G. Woodson Services for Older Persons program spon- Finally, in addition to his dedication to Home National Historic Site Study Act. Yea. sored by Southwestern Illinois Community Col- spreading an understanding of Torah, through No. 21ÐApproval of the Journal for Mon- lege. In recognition of his efforts, the East- his teachings and his newspaper, Rabbi Klass day, February 14, 2000. Yea. West Gateway Coordinating Council awarded was a powerful advocate for the Jewish peo- f Wade a lifetime achievement for outstanding ple and the world over. His support for the public service in 1996. State of Israel and for Orthodox Judaism was HONORING THE LIFE OF SHIRLEY Mr. Speaker, I ask my colleagues to join me instrumental in formulating national and inter- RYALS in honoring the service of Mr. Wade Brunsman national policies. He was a distinguished and wish he, his wife Barbara, his daughter member of the Directorate of the Rabbinical HON. JIM DAVIS Barbara Ann and the rest of his family, the Alliance. With the death of Rabbi Sholom OF FLORIDA very best in the future. Klass, the world has lost a moral leader of IN THE HOUSE OF REPRESENTATIVES f great magnitude. Wednesday, February 16, 2000 IN MEMORY OF RABBI SHOLOM I want to extend my heartfelt and deepest Mr. DAVIS of Florida. Mr. Speaker, no one KLASS condolences to the family of Rabbi KlassÐto his wife, Irene, to his two daughters, Naomi I know loved Tampa more than Shirley Ryals Mauer and Mindy Greenwald, and to his and no one I know worked harder to make our HON. MICHAEL P. FORBES grandchildren and great grandchildren. May community a better place. Her passing is a OF NEW YORK they be comforted among the mourners of tremendous loss for all of us. IN THE HOUSE OF REPRESENTATIVES Zion and Jerusalem. I will never forget Shirley's incredibly self- Wednesday, February 16, 2000 f less devotion to countless causes; her cour- Mr. FORBES. Mr. Speaker, I rise today to age; her grace; her sense of humor, including express my profound and sincere sadness on PERSONAL EXPLANATION her willingness to laugh at herself; and her re- the recent death of Rabbi Sholom Klass of ´ markable ability to relate to people. Shirley did Brooklyn, NY. After a long illness, the Rabbi HON. RUBEN HINOJOSA not hesitate to stand up for what she believed died on January 17, 1999 at age 83. Rabbi OF TEXAS in. She often prevailed and got things done Klass was truly a giant in Jewish life and an IN THE HOUSE OF REPRESENTATIVES because people knew that she respected and educator to both Jew and non-Jew, alike, on Wednesday, February 16, 2000 appreciated them and that she was always the beauty of G-d's law. Rabbi Klass was an thinking about what was best for our commu- Mr. HINOJOSA. Mr. Speaker, the following inspirational leader who stood up for morality nity. is a list of rollcall votes I recently missed and in the modern world. The Rabbi was a premier Shirley Ryals did not understand the mean- how I would have voted had I been present: teacher of Torah, a pioneer in Anglo-Jewish ing of the word cannot. Such a word didn't journalism, and a passionate advocate for the JANUARY 31, 2000 exist in her vocabulary. Her approach was Jewish people. No. 2ÐDays of Remembrance: H. Con. simply that anything was possible if you work Rabbi Klass was one of the most important Res. 244, Holocaust remembrance. Yea. hard and dedicate yourself to accomplishing a influences for promoting Jewish traditions in No. 3ÐHillory J. Farias Date-Rape Preven- goal. Her work to bring three Superbowls to our Nation's history. As one of the greatest tion Act, Senate amendments to H.R. 2130. Tampa is a testament to that, as is the end- disseminators of Jewish learning in modern Yea. less list of other good works she did to better times, the Rabbi taught a weekly class in Tal- FEBRUARY 1, 2000 our community. mud for more than 50 years. In addition, he No. 4ÐChild Abuse Prevention & Enforce- Through the Tampa Junior Women's Club, authored ``Response of Modern Judaism'' (3 ment Act, Senate amendment to H.R. 764. she established the Tampa Oral School for the volumes). His dedication to spreading Torah Yea. Deaf, the first preschool program in into all Jewish homes led many to return to No. 5ÐTaiwan Security Enhancement Act, Hillsborough County that allowed families to their Jewish roots and to celebrate their herit- H.R. 1838. Yea. keep their children at home instead of sending age. Indeed, he gave all, even those of us No. 6ÐMotion to Instruct Conferees on H.R. them hundreds of miles away for an edu- who are not Jewish, insights and an apprecia- 2990, Quality Care for the Uninsured Act. Yea. cation. The program has helped thousands of tion for the richness of Judaism. FEBRUARY 2, 2000 children emerge from their sounds of silence One of the Rabbi's greatest achievements No. 7ÐWorkplace Goods Job Growth and and is now a part of the Hillsborough County was his creation of The Jewish Press. In Competitiveness Act, H.R. 2005. Nay. Public School System. 1960, to promulgate Judaic thought and opin- FEBRUARY 8, 2000 Her achievements, activities and honors are ion, he created The Jewish Press out of sec- No. 8ÐAbraham Lincoln Bicentennial Com- almost too numerous to mention. She was ular Brooklyn Daily. Beloved as the news- mission, Senate amendment to H.R. 1415. named Tampa's 1995 Citizen of the Year. She paper's publisher and columnist for 40 years, Yea. served as a trustee for the University of he educated and nurtured an understanding of No. 9ÐPoison Control Center Enhancement Tampa and the Tampa Bay Performing Arts Jewish concerns and turned the paper into the and Awareness, S. 632. Yea. Center and as an executive committee mem- world's largest Anglo-Jewish weeklyÐwith No. 10ÐHonoring the Former Speaker of ber of the American Red Cross, Hillsborough 500,000 copies distributed each week. Many the House, Carl B. Albert, H. Res. 418. Yea. Community College Foundation and Outback readers, in New York and around the world, FEBRUARY 10, 2000 Bowl Foundation. She was also on the Florida say they looked to the Rabbi's writings to No. 11ÐJournal for Wednesday, 2/9/00. State Fair Authority and on the boards of the guide them through daily life. Yea. Boys & Girls Clubs, Boy Scouts of America, H. Since the paper's creation, Rabbi Klass con- No. 12ÐRule (Marriage Tax Penalty Relief). Lee Moffitt Cancer Center Foundation and ducted a regular question-and-answer column Nay. many other groups.

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.032 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E161 One of the amazing things to me is that de- TRIBUTE TO ETHNOBIOLOGICAL THE COUNTY OF LOS ANGELES spite all the demands on her time, Shirley SCIENTISTS CELEBRATES ITS 150TH ANNI- never let any project or any task come before VERSARY her family. She was a devoted wife to Lester, a wonderful mother to Karen and Les, and a HON. JOHN EDWARD PORTER HON. HENRY A. WAXMAN doting grandmother to Caroline and Courtney. OF ILLINOIS OF CALIFORNIA She also carved out time each week for a IN THE HOUSE OF REPRESENTATIVES Sunday night dinner with all of the family, a IN THE HOUSE OF REPRESENTATIVES Wednesday, February 16, 2000 tradition that is becoming more and more rare Wednesday, February 16, 2000 in our busy society. Mr. WAXMAN. Mr. Speaker, as the senior member of the Los Angeles County Congres- In an editorial praising Shirley's life, The Mr. PORTER. Mr. Speaker, on November 2, sional delegation, I am honored to pay tribute Tampa Tribune wrote, 1999, it was my great pleasure to participate to the County of Los Angeles on its 150th an- Shirley Ryals should be an inspiration to in a reception on Capitol Hill to launch the us all. She worked hard and effectively for niversary. ``International Conference on Ethnomedicine the public good. She never lost sight of the On August 1, 1769, a Spanish expedition importance of family and friends. And she and Drug Discovery,'' a significant scientific under the command of Gaspar de Portola left an enduring mark on her community, and cultural celebration of the role of tradi- came upon an Indian village called Yang-na which benefited immeasurably from her won- tional medicine in the discovery and develop-  along the banks of a riverÄ which Portola derful way of helping people work together. ment of new drugs and phytomedicines. I named El Rio de Nuestra Senora la Reina de It is commonplace in editorials like this to commend conference participants for their observe that the subject ‘‘will be missed.’’ los Angeles de Porciuncula, (the River of Our Missed? Shirley Ryals, how are we going to ethnomedical and ethnobotanical research ef- Lady the Queen of the Angels of Porciuncula), get along without you? forts described during the conference, which which was quickly shortened to Los Angeles. Like so many others in our community, I'm provide solutions to problems of global public This was the site of present-day Los Angeles, going to miss my dear friend, Shirley. May she health, as well as the rapidly increasing loss of but the Spanish did not return to Los Angeles rest in peace. biological and cultural diversity. until 1781, when a party of 44 colonists from Mexico was settled by Don Felipe de Neve, f The rich history of drugs from nature was California's provincial governor, as part of delivered by Dr. Gordon Cragg of the U.S. Na- PERSONAL EXPLANATION Spain's effort to strengthen its control over its tional Cancer Institute. A presentation by Dr. territories in the north. These first Angelinos Brian Schuster from the Walter Reed Army fashioned a crude settlement to produce grain, HON. MARK GREEN Research Institute followed, describing many OF WISCONSIN just as the friars of San Gabriel Mission had lead compounds to treat malaria, leishmani- done for a decade. IN THE HOUSE OF REPRESENTATIVES asis and trypanosomiasis from plants found in Americans first arrived in Los Angeles by Wednesday, February 16, 2000 West and Central Africa. The active com- way of nearby San Pedro, then an unimproved Mr. GREEN of Wisconsin. Mr. Speaker, on pounds, from plants that healers in Nigeria roadstead port. Beginning in 1805, U.S. ves- rollcall numbers 21 and 20, I was inadvertently and Cameroon use regularly, were discovered sels traded intermittently with the area's farm- detained. Had I been present, I would have through the U.S. International Cooperative ers and, in 1818, Joseph Chapman, a crew voted ``yes.'' Biodiversity Group program for the treatment member, stayed long enough to help with con- f of parasitic diseases. A special colloquium, or- struction of the town's first church. In 1826, ganized by Dr. Maurice Iwu, Director of the the fur trapper Jedidiah Smith became the first IN SUPPORT OF FREE TRADE OF Pan-African NGO Bioresources Development white man to reach Los Angeles by traveling SOFTWOOD LUMBER and Conservation Programme, was devoted to overland from the Missouri frontier, but he was the West African medicinal plant Garcinia kola followed by few others. It was not until the HON. STENY H. HOYER Heckel, also known as ``bitter cola,'' containing 1830s, with the arrival of whaling and seal OF MARYLAND antiviral, antiinflammatory, antidiabetic, hunting ships, that Americans became a reg- IN THE HOUSE OF REPRESENTATIVES bronchiodilator and antihepatoxic properties, ular presence in the provincial community. Los Angeles had been affected little by the Wednesday, February 16, 2000 and found recently to have potential for treat- ment of the Ebola fever. revolution that replaced Spanish rule with that Mr. HOYER. Mr. Speaker, I am pleased to of an independent Mexican government in introduce this resolution with my colleague The conference opening ceremony, ``The 1821. Mexico's Congress declared Los Ange- from Arizona, Mr. KOLBE, and a bi-partisan Festival of Living Culture,'' featured West Afri- les the capital of California in 1835, but the group of 30 other Members. This resolution can healers and musicians conducting tradi- provincial governor refused to move south supports affordable housing for all Americans tional welcoming ceremonies with plants, from San Francisco, so the city's relative isola- and promotes free trade of softwood lumber music and dance, followed by a Native Amer- tion and the local authority of its prosperous between the United States and Canada. ican healer who performed a traditional Cher- farmers and ranchers remained unthreatened. This resolution expresses the Sense of the okee ceremony. This dramatic opening dem- By the 1840's, Los Angeles had become the Congress that the 1996 U.S./Canada onstrated how the core elements of traditional largest settlement in Southern California, at- Softwood Lumber Agreement (SLA) should not medicine are inherently integrated with tracting its first party of American pioneers, led be extended when it expires in 2001. The science, spirit, art, dance and ritual. by William Workman and John Rowland, in President should continue discussions with the The conference, held in Silver Spring, MD 1841. Government of Canada to promote open and from November 3±5, 1999, included several The Mexican-American War of 1846 ush- competitive trade between the United States ered in a new era for Los Angeles. The city hundred world wide participants. It was orga- and Canada of softwood lumber, and that all was occupied in August by U.S. troops under nized by national and international research, stakeholders should be included in discus- Commodore Robert Field Stockton and Cap- training and teaching organizations including sions regarding trade of softwood lumber. tain John C. Fremont, but the 50-man garrison the Bioresources Development and Conserva- The Softwood Lumber Agreement of 1996 left to hold the farm town was driven out by was intended to promote free trade; however, tion Programme (www.bioresources.org), the local residents a few months later. Stockton it appears to have had the opposite effect. Alternative Medicine Foundation returned in January 1847, supported by land More importantly, the expansion of this agree- (www.amfoundation.org), American Herbal troops from New Mexico under General Ste- ment is directly affecting consumers by in- Products Association (www.AHPA.org), Axxon phen Watts Kearny, and retook the city in a creasing the cost of lumber used for home- Biopharma, Inc. (www.axxonbiopharm.com), battle with Mexican forces that had retreated building. For many Americans owning a home the Missouri Botanical Garden there. They soon were joined by Fremont's is a dream come true, but if lumber prices (www.mobot.org), the National Center for Nat- California Battalion and, on January 13, Fre- climb and homes are not affordable, for many ural Products Research at The University of mont signed the Treaty of Cahuenga at Los Americans it will remain a dream unfulfilled. Mississippi (www.olemiss.edu), Bastyr Univer- Angeles, which ceded California to the United Mr. Speaker, I urge support of this resolu- sity (www.bastyr.edu) and the Healing Forest States. tion that will help ensure affordable housing Conservancy (www.shaman.con/Heal- American influence grew steadily thereafter, for all Americans. inglForest.html). with the first English-language school and the

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.035 pfrm02 PsN: E16PT1 E162 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 first Protestant church arriving in 1850, the and regional railroad lines. Los Angeles Inter- honor him for his many years of service. I same year Los Angeles was officially incor- national Airport is one of the busiest in the know that my colleagues in Congress join me porated and named the county seat. During U.S., and the port of Los Angeles-Long in offering our appreciation to Mr. Stephens for the Gold Rush years in northern California, Beach, on San Pedro Bay, handles more a job well done and our very best wishes for Los Angeles became known as the ``Queen of cargo than any other U.S. port on the Pacific continued success. the Cow Counties'' for its role in supplying Coast. f beef and other foodstuffs to hungry miners. Today, instead of Los Angeles' riches com- In 1876, seven years after the completion of ing from the surrounding hills of gold, our CONGRATULATIONS FOR STEPH- the transcontinental railroad, Los Angeles was riches come from the great wealth of people, ANIE JACKSON OF ASHLAND, KY finally connected to the nation's rail system culture, and diversity. As the largest County in when the Union Pacific put in a line from San California, with an economy larger than all but HON. KEN LUCAS Francisco. The next year, local growers sent eight countries in the world, we owe our pros- OF KENTUCKY off their first carload of oranges, adding a new perity to the men and women who have sac- IN THE HOUSE OF REPRESENTATIVES agricultural industry to the County's economy. rificed and dedicated their lives to the social Wednesday, February 16, 2000 Then, in 1885, the Santa Fe Railroad reached and economic strength of our County. Â Los Angeles with a line that connected directly Spanish explorer Gaspar de Portola be- Mr. LUCAS of Kentucky. Mr. Speaker, it is to eastern markets and touched off a fare war stowed upon us the name, the City of Angels. my great pleasure to congratulate Stephanie with the Union Pacific that would bring rates Today, the County of Los Angeles will begin a Jackson of Ashland, KY, who is being recog- as low as one dollar for the trip west from St. year-long celebration of its 150th anniversary. nized for outstanding service to her commu- Louis. Within a few years, more than 100,000 During this historic celebration, I encourage nity. Ms. Jackson has been named one of newcomers had arrived in the area, creating a the people of the County to make a personal Kentucky's top honorees in The 2000 Pruden- real estate boom that drove land prices sky- covenant with each other to honor our history, tial Spirit of Community Awards program. This ward. respect our diversity, and challenge ourselves honor is annually bestowed upon the most in- Oil became a key ingredient in the Los An- to ensure a prosperous future. spiring student volunteers nationwide. geles economy in 1892, when Edward L. The Los Angeles County Board of Super- The Prudential Insurance Company of Doheny and Charles A. Canfield drilled the visors has proclaimed February 18, 19, and America, in partnership with the National As- first well in a resident's front lawn. Soon there 20, 2000 as ``Los Angeles County's 150th sociation of Secondary School Principals, insti- were 1,400 wells within the city and more in Birthday Days,'' beginning with special open tuted their Spirit of Community Awards in the surrounding area. By this time, however, houses sponsored by various County depart- 1995. These awards applaud young people Los Angeles was beginning to fear a shortage ments, opening the County's museums and who so generously donate their time and effort gardens free to the public, a parade of Nations to bettering their neighborhoods and towns. In of water. Located in a semi-desert region,Ä it required more than El Rio de Nuestra Senora with hundreds of floats and marching bands, 5 years, The Prudential Spirit of Community la Reina de los Angeles, now called the Los and a Festival of Nations with over 35 coun- Awards has become the largest youth recogni- Angeles River, to sustain its growing popu- tries participating with native costumes, food, tion program based solely on community serv- lation and expanding industries. In 1904, Wil- arts and crafts, and music. ice in the United States. I'm proud to say that liam Mulholland, chief engineer of the Lost An- Mr. Speaker, I ask my colleagues to join me Stephanie Jackson is one young lady who is geles water department, proposed bringing in congratulating the County of Los Angeles certainly deserving of such recognition. Ms. Jackson is at the age of 15, the founder water by aqueduct across the Mojave Desert on its 150th anniversary. Our golden history is of the Boyd County branch of the Kentucky from the Sierra Nevada range, and by 1908 reflected throughout the County and is a con- Youth Council of Volunteerism and Service. the project was underway. In just five years, stant reminder of the wealth of opportunity that Through this group, she has already imple- Mulholland constructed an aqueduct more continues to grace the people of the County of mented two service projects to better her com- than 200 miles long, running through 142 tun- Los Angeles. munity. nels, tapping the Owens River, and virtually f Stephanie Jackson is a positive example for opened the floodgates on a milestone in the TRIBUTE TO ROBERT E. STEPHENS young people across the nation, and I am engineering and environmental history of the proud to say, an indication of great things to West. The early decades of the 20th century also HON. DONALD M. PAYNE come in Kentucky. It is with pride and grati- saw the completion of Los Angeles harbor in OF NEW JERSEY tude that I congratulate her on being recog- 1914, just in time to profit from the shipping IN THE HOUSE OF REPRESENTATIVES nized for her dedication to community service. traffic working its way up the California coast Wednesday, February 16, 2000 f from the newly completed Panama Canal. Los Mr. PAYNE. Mr. Speaker, I would like to ask TRIBUTE TO THE CHESTERTON Angeles became the home of the American my colleagues here in the U.S. House of Rep- HIGH SCHOOL DEBATE TEAM motion picture industry in these decades as resentatives to join me in paying tribute to an well. Producers flocked there for the steady outstanding public servant from my home HON. PETER J. VISCLOSKY sunlight, which was vital to the outdoor filming state of New Jersey, Mr. Robert E. Stephens, OF INDIANA techniques of the time, and found that Los An- the Director of the Division of Operations at IN THE HOUSE OF REPRESENTATIVES geles could provide a variety of backdrops, New Jersey Department of Corrections. Wednesday, February 16, 2000 ranging from desert wilderness to awesome Mr. Stephens began his career with the snow-capped peaks. Beginning in 1911, they State of New Jersey in 1975 as the Super- Mr. VISCLOSKY. Mr. Speaker, it gives me settled in a community that had been estab- intendent of Newark House, a community- great pleasure to pay tribute to the out- lished by a pious land speculator during the based service center. In 1982, he became As- standing achievements of an exceptional boom years of the 1880'sÐa community that sistant Superintendent for the Mid-State Cor- group of students from Chesterton High turned into the legendary Hollywood we know rectional Facility. In 1984, he advanced to the School, located in Indiana's First Congres- today. position of Superintendent of the Mid-State sional District. On Saturday, February 5, 2000, The population of Los Angeles soared, dou- Correctional Facility, where he remained until the Chesterton High School Debate Team won bling by the 1920's. The war years brought 1986 when he became Administrator of North- its 11th state debate title. more manufacturing and industry and, with it, ern State Prison. In 1993 he was appointed Chesterton entered four Policy debate more people. Los Angeles today is a diverse Deputy Director of the Division of Operations, teams, four Lincoln Douglas debaters and five County, ethnically and economically. It has be- and in 1994, he became the Director of the Di- Congressional debaters. All 17 debaters broke come one of the United States' major urban vision of Operations. out of the preliminary rounds and competed in centers. It is a leading manufacturing, com- During his tenure, Mr. Stephens has earned the elimination rounds. Additionally, mercial, transportation, financial, and inter- an excellent reputation as a professional of Chesterton won all three championshipsÐPol- national trade center. Aerospace production the highest integrity, competence and ability to icy, Lincoln Douglas, and CongressÐfor a has flourished, and the entertainment industry bring people together. He is well respected for complete sweep of the tournament. No school has broadcasting as well as production cen- his outstanding leadership and for his many in the state had ever accomplished this feat. ters in the area. Tourism is an anchor of the accomplishments over the year. Joel Cavallo and Paul Babcock survived the Los Angeles economy. There is an extensive On February 18, 2000, friends, family and field of 44 teams to win the State Policy De- system of freeways and major transcontinental colleagues of Mr. Stephens will gather to bate title. In Lincoln Douglas debate, Matt

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.040 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E163 Gregoline was named the top debater in a mutual respect for different traditions and partnership to help the first female be elected field of 66. John Jernigan took the Congres- backgrounds. as president of the student body as my suc- sional debate title, outlasting 86 competitors. Woodson choose the second week of Feb- cessor. In addition, I would like to recognize the ruary for Negro History Week because it I have had the honor to coach black boys other members of the State Debate Cham- marks the birthdays of two men who greatly and girls on local youth sports teams and to pionship Team: Dave Blumenthal; Meredith impacted the American Black population, work with children of all races as a volunteer Chase; Aaron Dartz; Eric Galamback; Katie Frederick Douglass and Abraham Lincoln. in the schools for the last 18 years. Hurley; April Jenkins; Stephanie Kendall; It was Douglass who said, ``We are one, our The first person I hired on my congressional Christian Nallenweg; Sherry Nelson; Dave cause is one, and we must help each other; staff was an African-American woman. Why? Odefey; Mike Podguski; Owen Sutkowski; and if we are to succeed.'' Because she was the most experienced case- Amber Zehner. The team's success is also And it was Lincoln who said at that famous worker on Capitol Hill that I knew, and she de- due to the outstanding ability and leadership address at Gettysburg, ``we are highly re- served it! of its teachers and coaches. In particular, solved that these dead shall not have died in Each of these important actions and events James Cavallo, Carol Biel and Kirsten Turnak vainÐthat this nation, under God, shall have a reminds us of our heritage, and inspires us to should be commended for the devotion they new birth of freedomÐand that government of continue moving forward. have demonstrated as coaches. Additionally, the people, by the people, for the people, shall SECOND, IT'S ABOUT RECOGNIZING OUR HEROES Chesterton Principal Janice Bergeson and Dr. not perish from the earth. Behind each action of Black heritage is a Kenneth Payne, Duneland Superintendent of The theme of this year's Black History true American hero. These are heroes that in- Schools, should be recognized for their strong Month is ``Heritage and Horizons: The African- spire us, heroes that put others first, heroes support of the debate program. The accom- American Legacy and the Challenges of the that risked their lives so we would all be plishments of these outstanding individuals are 21st Century.'' united! a reflection of their hard work and dedication Through the triumph of many obstacles and Sidney Hook once said, ``The hero finds a to scholarship. Their scholastic effort, deter- perseverance of the human spirit, African- fork in the historical road, but he also helps to mined preparation and rigorous approach to Americans have and will continue to make val- create it. He increases the odds of success for learning have made them the best in the state. uable contributions to our everyday life. As we the alternative he chooses by virtue of the ex- They have also brought pride to themselves, move forward in this new century, let's ensure traordinary qualities he brings to bear to real- their families, their school, and their commu- that we honor those who have stood for equal ize it.'' nity. justice and better human relations, and that Those four freshmen at NC A&TÐEzell Mr. Speaker, I would like to once again ex- we look to make the future brighter. Blair, Jr., Franklin McCain, Joseph McNeill, tend my most heartfelt congratulations to the We can do this by remembering our herit- and David RichmondÐgalvanized the con- members of the Chesterton High School De- age, recognizing our heroes, and reaching to- science of America. Their extraordinary brav- bate Team for their commitment to excellence ward our future horizons. ery set in motion a series of student sit-ins at as well as to the faculty members who have FIRST, IT'S ABOUT REMEMBERING OUR HERITAGE more than fifty cities and nine states. Faced instilled in their students the desire to suc- Each of us is here today because we want with physical violence, arrest, and taunting, ceed. I am proud to have been given this op- to build a heritage that makes us proud to be thousands of white and black students set out portunity to recognize these future leaders, Americans. That heritage must ensure that we to end segregation peacefully in movie thea- and I look forward to their future achievements are united. As many of you so well know, unity ters, restaurants, and public transportation. as they continue to rise to the top! has not always been the case. If we are ever These were ordinary Americans that are he- f to be united in the true sense of the word, we roes. must ensure that all individuals, regardless of On the 100th anniversary of Abraham Lin- CARTER G. WOODSON HOME NA- race, share the same rights and are granted coln's birthday, sixty prominent black and TIONAL HISTORIC SITE STUDY equal protection under the law. white citizens issued a call for a national con- ACT OF 1999 Our religious heritage requires us to love ference in New York City to renew the strug- God and our neighbor as ourselves. This is gle for civil and political liberty. Principal SPEECH OF the heritage that we want to provide for all! among those were W.E.B. Dubois, Ida Wells- HON. MIKE McINTYRE As I mentioned earlier, Dr. Woodson chose Barnett, Henry Moscowitz, Mary White OF NORTH CAROLINA February for Black History Month because of Ovington, Oswald Garrison Willard, and Wil- IN THE HOUSE OF REPRESENTATIVES the birthdays of Douglass and Lincoln. How- liam English Walling. These were people who ever, February has much more than this to were committed to the abolition of forced seg- Tuesday, February 15, 2000 show for its significance in Black history herit- regation, promotion of equal education and Mr. MCINTYRE. Mr. Speaker, thank you for age. civil rights under the protection of the law, and allowing me to be with you today. For example: an end to race violence. Ordinary Americans As we gather here on this special occasion, On February 1, 1960, four courageous that are heroes! we owe thanks for the opportunity to celebrate young menÐfreshmen at North Carolina Agri- When jailed in Birmingham, Dr. Martin Lu- Black History Month, and most importantly, for culture and Technological CollegeÐsat down ther King, Jr. composed a letter in the margins the study of Black History, to Dr. Carter G. at a segregated Woolworth's lunch counter of a newspaper and continued writing on Woodson. and refused to leave until they were served. scraps of paper some of the most powerful Born to parents who were former slaves, Dr. On February 12, 1909, the National Asso- words ever written. In responding to criticism Woodson spent his childhood working in the ciation for the Advancement of Colored People from fellow clergymen, he eloquently de- Kentucky coal mines and enrolled in high (NAACP) formed by a group of concerned scribed many injustices suffered by so many school at the age of 20. He graduated within black and white citizens in New York City. African Americans. Near the end of that letter, two years and later went on to earn a Ph.D. On February 22, 1956, the black community he noted that, ``one day the South will recog- from Harvard. of Montgomery, Alabama launched a bus boy- nize its real heroes.'' One of those heroes was Woodson, always one to act on his actions, cott, which would last for more than a year, a 72-year-old black woman who with quiet dig- decided to take on the challenge of ensuring until the buses were desegregated. nity refused to give up her seat on the bus in the story of Black Americans was told in our On February 25, 1870, the first black U.S. Birmingham, Alabama. This single brave act nation's history. He established the Associa- Senator took his oath of office. reverberated throughout our nation in a most tion for the Study of Negro Life and History in My very first job while in college was as a powerful way. To paraphrase Rosa Parks, she 1915, and later founded the widely respected delivery boy for a black-owned business, Wes- said, ``My feet are tired, but my soul is at Journal of Negro History. In 1926, he ley's Florist, in Lumberton. Not only did I need rest.'' Ordinary Americans that are heroes. launched Negro History Week as an initiative that job, but also I found that being the only The first African-American Senator, Hiram to bring national attention to the contributions white employee required a special partnership Rhoades Revels, is especially significant to us of black people throughout American history. between his family and meÐa partnership that today. First, he committed his life to God and Understanding and appreciating the African- had pre-existed my employment because my proclaiming the truth of the Christian Gospel. American experience not only enriches our na- father and the owner had worked together as Second, he was born in Fayetteville, North tional life, but it also reminds all Americans of young men for another florist! Carolina. It is remarkable that his adult life their ethnic roots and the uniqueness of the When I was a president of the student body spanned the Civil War, Reconstruction, and great American experience: the nurturing of at Lumberton Senior High School, I worked in ended in 1901 during the Progressive Era. He

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.044 pfrm02 PsN: E16PT1 E164 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 was a true pioneer of American political life. Will you join me in remembering our herit- main a prominent figure in the community as Ordinary Americans that are heroes. age? he begins to enter a new phase in his life. We Among the other African-American heroes Will you join me in respecting our heroes? all owe him a tremendous debt of gratitude, that we should also remember are: Will you join me in reaching toward our hori- and I would like to thank him for all his efforts Lillian FishburneÐthe first African-American zons? on behalf of the entire South Florida commu- woman to be promoted to the rank of Admiral In doing so let's remember the last words of nity. in the U.S. Navy. Dr. King's letter from the Birmingham jail: f Dr. Meredith Charles GourdineÐa man who Let us hope that the dark clouds of racial pioneered research and inventions so that en- prejudice will soon pass away and the deep A TRIBUTE IN HONOR OF MR. ergy can be converted to practical applica- fog of misunderstanding will be lifted from MARV VALENTINE tions. our fear drenched communities, and in some Roger Arliner YoungÐthe first African-Amer- not too distant tomorrow the radiant stars HON. JAMES A. BARCIA ican woman to earn a doctorate degree in zo- of love and brotherhood will shine over our OF MICHIGAN ology from the University of Pennsylvania in great nation with all their scintillating 1940. A native of southern Virginia, she later beauty. IN THE HOUSE OF REPRESENTATIVES taught at NC College for Negroes and Shaw f Wednesday, February 16, 2000 University. Mr. BARCIA. Mr. Speaker, I am proud to Josh GibsonÐplaying for the Pittsburgh IN HONOR OF EDWARD FOOTE, honor one of my state's greatest advocates of Crawfords in the Negro Baseball League, Josh PRESIDENT OF THE UNIVERSITY integrity and moral character, Mr. Marv Valen- hit 85 home runs in one season and is the OF MIAMI tine. Marv is a good friend, a community hero only playerÐblack or whiteÐever to hit a fair and an extraordinary public servant who has ball over the triple deck stands and out of the HON. PETER DEUTSCH devoted his life to building the character of old Yankee Stadium. OF FLORIDA tens of thousands of Boy Scouts in Michigan. Little Rock NineÐI was pleased that they Marv is retiring this year after more than 30 were recently awarded the Congressional IN THE HOUSE OF REPRESENTATIVES years as the revered Camp Director of the Gold Medal for their efforts in breaking down Wednesday, February 16, 2000 Michigan Lake Huron Area Council's Boy the color barriers in our nation's school sys- Mr. DEUTSCH. Mr. Speaker, I rise today to tem, and I enjoyed meeting them in Wash- Scout Camp, better known as Camp Rotary. I honor the career of Edward T. Foote II, Presi- am sure that Congressman CAMP will echo my ington this past year. dent of the University of Miami in Coral Ga- Wilma RudolphÐa woman who overcame sentiments when I say that Marv has truly bles, Florida. As many of my colleagues are been an inspiration and a role model for Boy scarlet fever, polio, and pnuemonia to become already aware, President Tad Foote recently the first person to win 3 Gold Medals in a sin- Scouts everywhere. announced his resignation as the fourth presi- gle Olympiad. I support efforts to award her When Marv arrived at Camp Rotary in 1968, dent of the University effective June 1, 2001. the Congressional Gold Medal. he was greeted with three dilapidated struc- These are ordinary Americans that are he- Though his impending departure is a great tures and a lackluster outreach program. Bare- roes. loss for the University and its surrounding ly 100 Boy Scouts attended the Camp that community, I would like to congratulate Tad THIRD, IT'S ABOUT REACHING TOWARD OUR HORIZONS summer. In the years that followed, the build- and thank him for twenty years of hard work When we remember our heritage and recog- ings were replaced, the number of children at- and dedication to improving the University of nize our heroes, we can reach toward our ho- tending increased and additional structures Miami. rizons. Our nation's great purpose will never were created. Because of Marv's persever- be realized unless we work together to build a Over the last two decades, President Foote ance and leadership, Camp Rotary, not only better AmericaÐan America with horizons that has been instrumental in overseeing the Uni- grew, but thrived. ensure quality education for all, an America versity's rise to prominence as an elite institu- What is truly astonishing, today, is the num- with horizons that ensure accessible, afford- tion of higher learning in the United States. ber of Boy Scouts who attend Camp Rotary able, and available health care, and an Amer- The statistics are startling: funding for re- every yearÐover 10,000. In Thirty years, Marv ica with horizons that ensure our neighbor- search at the University has reached a total of has led more than 100,000 Boy Scouts and hoods, businesses, and schools are safe from approximately $176 million. In addition, the Eagle Scouts to that high plateau of character crime. University received a startling number of appli- where leadership, honor and integrity are To get to those bright horizons, we must act cations for this year's freshman classÐover words to live by. So many of these young in partnership. God has given the people of 13,300 applications were received for an in- adults have grown into our community leaders this nation a mission to prove to men and coming class of 1,800. Finally, the University and upstanding citizens. Those who attended women throughout this world that people of has experienced a banner year in its fund- Camp Rotary, like Mr. Frank Bartlett and Mr. different races and ethnic backgrounds can raising efforts, collecting a total of just under Greg Flood, cite Marv's guidance as an es- not only work together, but also can enrich $86 million. These figures, all school records, sential influence in their life, and as a leader and enable both ourselves and our common will ensure that the University is prepared to who they will always look up to, and always heritage. take on the challenges facing higher education follow with trust and gratitude. If Dr. King were here today, he would be in the United States as we enter the new mil- f pleased with the progress that has been lennium. made. But he would also tell us to roll up our There can be no doubt that these impres- A TRIBUTE IN HONOR OF MR. sleeves; the horizons have not been met. The sive statistics are directly related to Tad MARV VALENTINE cause is not yet finished. Work remains to be Foote's stewardship of the University of Miami done. throughout the past twenty years. He has truly HON. DAVE CAMP In the Seventh Congressional District, we transformed the University, instilling a sense of OF MICHIGAN have the great opportunity to bring into part- pride and confidence in the quality of edu- IN THE HOUSE OF REPRESENTATIVES nership all the different peoples who live here: cation that the school provides. Though his African Americans, Native Americans, His- term as president will expire in 2001, Presi- Wednesday, February 16, 2000 panics, Asian Americans, and whites. To- dent Foote has agreed to remain affiliated with Mr. CAMP. Mr. Speaker, today, Camp Ro- getherÐand there are over 600,000 citizens in the University until 2003 as Chancellor, a posi- tary is a testament to Marv's talents. The this districtÐwe can make a real difference in tion that allows him to assist in the transition 1,100-acre youth camp boasts more than 20 America's horizon. process. This decision to further his affiliation buildings, including a nature lodge with one- CONCLUSION with the University is an action that clearly way glass for viewing animals, a newly ren- With a strong heritage, inspiring heroes, and demonstrates President Foote's extraordinary ovated dining hall, adequate staff cabins, a an eye on the horizon, we can create better dedication to the students and faculty of the chapel, and handicap accessible showers. schools, better jobs, and better health care for University of Miami. Marv designed character-building courses, like everyone. Mr. Speaker, though the South Florida com- the two 10-station low runs, a 45-foot elevated I challenge you to leave here today, not mo- munity will truly miss the leadership that Tad path, and a 40-foot rappelling tower. tivated by the fear of failure, but motivated by Foote has provided as President of the Uni- On February 19th, Marv Valentine will re- the destiny that guides you toward a brighter versity of Miami over the course of the past ceive the Kentucky Colonels Award, a high future for this country and its future. twenty years, I am confident that he will re- honor reserved by the state for ambassadors

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A16FE8.047 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E165 of good will and fellowship. It is truly well-de- Matthew Henson's achievements have been Grande Valley Diabetes Task Force, devel- served. Another honor that I might offer Marv, overlooked for far too long. He deserves our oped Community Oriented Primary Care is the knowledge that he will forever be in the recognition and admiration for his amazing ac- (COPC) in South Texas, and enacted the re- hearts and minds of thousands of boys, who complishments. He warrants our credit for sponse to the Dengue Fever outbreak in will carry his guidance and wisdom like a helping to introduce us to this important place. South Texas. Dr. Vela also supervised the first badge of honor throughout their lifetime. He has been described by people who knew regional birth defects registry program in Mr. Speaker, I am sure my colleague Con- him well as a ``great spirit'' and a great man. Texas, founded the telemedicine mobile unit gressman JIM BARCIA joins me in wishing him Those words merely touch the surface, for his project to take health care services to rural much happiness in his retirement with his spirit and drive to do better is truly immeas- communities in South Texas, and spear- wonderful wife Justine, who has worked side urable, as are his remarkable achievements in headed the establishment of the ``Women`s by side with Marv at Camp Rotary for so many the area of exploration. I am humbled to sa- Center`` and the ``Diabetes Center of Excel- years, and with his son and three grand- lute this great African-American, this great lence'' at South Texas Hospital. daughters. I am sure that, even in retirement, man. Dr. Vela has been recognized for his Marv's selfless community service and civic f achievements through various awards, fellow- commitment will continue unabated, as will his ships, and appointments. He was one of only shining example of moral integrity and honor. STATEMENT REGARDING ORIGI- three individuals presented with the pres- f NAL COSPONSORS OF H.R. 3615 tigious Plate of Bounty Award in 1999 by the United States Department of Health and TRIBUTE TO ROBERT S. JOE HON. BOB GOODLATTE Human Services for his work in migrant health OF VIRGINIA care. Dr. Vela was named the Selected Na- HON. RON PACKARD IN THE HOUSE OF REPRESENTATIVES tional Institutes of Mental Health/APA Minority OF CALIFORNIA Wednesday, February 16, 2000 Fellow in 1989, and in 1986, he earned the IN THE HOUSE OF REPRESENTATIVES Kellogg Fellowship in Health Policy and Man- Wednesday, February 16, 2000 Mr. GOODLATTE. Mr. Speaker, I rise today agement from Harvard University. Some of Dr. to state that Congressman JERRY MORAN of Mr. PACKARD. Mr. Speaker, I would like to Vela's state and national appointments include Kansas was meant to be listed as an original recognize the distinguished career of Robert the Texas Medical Association, the Governor's cosponsor of important legislation, H.R. 3615, S. Joe, the Deputy District Engineer for Pro- Border Working Group Health Subcommittee, The Rural Local Broadcast Signal Act, which grams and Project Management for the Los the South Texas Health Education Committee, I introduced on February 10. I have added him Angeles District of the U.S. Army Corps of En- the National Advisory Council on Migrant as a cosponsor today. gineers. During Mr. Joe's 27 years of service Health, the TeleHealth Steering Committee for f with the Corps, he has been responsible for the Telecommunications Infrastructure Fund Board, and the Good Neighbors National Envi- the total District civil works and military pro- DR. LEONEL VELA IMPROVES ronmental Board established by Congress. grams and all aspects of project management HEALTH CARE IN TEXAS associated with water and coastal resources Dr. Vela has displayed dedication to improv- ing public health throughout Texas and has projects, issues critical to California and the HON. LARRY COMBEST nation at large. advanced the Texas Tech University Health In 1985, Mr. Joe received the Department of OF TEXAS Sciences Center. I would like to thank him for the Army Meritorious Civilian Award for his ex- IN THE HOUSE OF REPRESENTATIVES his commitment to providing access to health ceptional service. He has guest lectured and Wednesday, February 16, 2000 care for thousands of individuals, and I extend my best wishes to him in all of his future en- presented papers on public involvement, con- Mr. COMBEST. Mr. Speaker, I rise today to flict resolution, public administration and envi- deavors. recognize Dr. Leonel Vela, an individual who f ronmental analysis over the years at several has contributed tremendously to the improve- universities and seminars. He has been a tre- ment of public health and wellness throughout MODEL UNITED NATIONS mendous asset to everyone in southern Cali- Texas. Dr. Vela has served in many capacities fornia, as well as the entire southwestern at the Texas Tech University Health Sciences HON. PORTER J. GOSS United States. His efforts on a wide variety of Center in Lubbock and has significantly ad- complex and vitally important Corps projects OF FLORIDA vanced health education and research. On IN THE HOUSE OF REPRESENTATIVES will benefit our nation for many years to come. March 1, he will complete his work at Texas Mr. Speaker, I would like to take this oppor- Tech and begin working with the University of Wednesday, February 16, 2000 tunity to thank Mr. Joe for all of his efforts on Texas Health Science Center in Harlingen. Dr. Mr. GOSS. Mr. Speaker, each year approxi- behalf of California and the U.S. Army Corps Vela will be greatly missed, but his invest- mately 300 students in my congressional dis- of Engineers and wish him well in his retire- ments at Texas Tech and throughout the state trict participate in the Model United Nations ment. will continue for years to come. program. Acting as delegates from one of the f Dr. Vela has dedicated his career to public United Nations member countries, these SALUTE TO THE GREAT health in order to improve the lives of individ- young people are afforded the opportunity to EXPLORER MATTHEW HENSON uals who do not have access to proper care. learn about that country, its culture and issues He grew up in Texas; his parents were mi- important to the nation; hone their research, HON. ALCEE L. HASTINGS grant farm workers. Dr. Vela earned a bach- debating and parliamentary skills; and interact elor's degree in microbiology and a bachelor's with their peers on topics of international sig- OF FLORIDA degree in psychology from Standford Univer- nificance. This opens a new world to many of IN THE HOUSE OF REPRESENTATIVES sity. At the Baylor College of Medicine, he the students; in fact, some of them are in- Wednesday, February 16, 2000 earned his doctorate of medicine and later re- spired to pursue a course of study in inter- Mr. HASTINGS of Florida. Mr. Speaker, I ceived his master's in public health from Har- national relations as a direct result of their rise today to pay special tribute to the life and vard University. Dr. Vela is married to Alicia work in the Model UN. career of an African-American who can be and has four children. Among the teams from Southwest Florida is considered one of the great arctic explorers, Through his accomplishments and research, one from Port Charlotte High School which Matthew Henson. Mr. Henson was the first Dr. Vela has proven to be an expert in many has competed at various forums, including man to step foot on the North Pole. While his- areas such as diabetes prevention and treat- Harvard University, and have amassed many tory has credited Commander Robert Peary ment, migrant health and wellness, border awards, both as a team and individually. Fol- with this extraordinary accomplishment, it was health care, telemedicine, and women's health lowing them to Harvard this week for a colle- in fact this humble, uncelebrated man who ac- issues. He has written a variety of medical giate Model UN is a team representing Edison tually made the first triumphant step. publications and made presentations through- Community College. This is the third year that Matthew Henson is a tremendous motivation out the state on various health topics. In addi- they have been invited to participate with bac- to us all. He ran away from home at the age tion, Dr. Vela has actively led in significant calaureate schools. of eleven and thirty-two years later on April 6, public health activities and initiatives. He di- We wish them luck and salute all of the 1909, through many trials and tribulations, rected the public health response to the Ebola young people who are devoting time to learn- found himself at the top of the world. Reston outbreak in Texas, co-founded the Rio ing more about international issues.

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A16FE8.049 pfrm02 PsN: E16PT1 E166 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 NETWORKING AND INFORMATION ronmental Protection Agency. The NIH 3557 to bestow a Congressional Gold Medal TECHNOLOGY RESEARCH AND should be authorized to participate in pro- to John Cardinal O'Connor. With the Car- DEVELOPMENT ACT grams outlined in the bill because, like the agencies listed above, we share the commit- dinal's retirement arriving in the near future, it SPEECH OF ment to, and investment for, both the Net- is time for us to publicly thank him for his im- working and Information Technology Re- portant contributions to American public life. HON. TOM BLILEY search and Development (NITRD) and Next OF VIRGINIA Generation Internet (NGI) initiatives. In Mr. Speaker, as I am sure you are aware, IN THE HOUSE OF REPRESENTATIVES fact, in fiscal year (FY) 1999, NIH funding for Cardinal O'Connor is arguably one of the most information technology and high perform- influential American Catholic prelates in the Tuesday, February 15, 2000 ance computing and communications activi- ties was $110,535,000. We estimate that we second half of this century. He is a Priest, a The House in Committee of the Whole Bishop, and Cardinal of the Catholic Church. House on the State of the Union had under will spend approximately $182,782,000 in FY consideration the bill (H.R. 2086) to authorize 2000 and $217,127,000 in FY 2001 for related ac- But he is also more than that. He is a retired tivities. Admiral in the United States Navy, a states- funding for networking and information With regard to H.R. 2086, Section 4 of the technology research and development for fis- legislation authorizes only the agencies man, an accomplished academic, and a leader cal years 2000 through 2004, and for other mentioned above to participate in the in the pro-life movement. purposes: NITRD grant program for long-term basic re- From his boyhood in Philadelphia to his Mr. BLILEY. Mr. Chairman, I rise in support search on networking and information tech- of the Morella amendment to authorize net- nology. Priority is given to research that present-day residence in New York City, Car- working and information technology research helps address issues related to high end com- dinal O'Connor has served the poor and the and development funding for the National In- puting and software and network stability, sick. Throughout his career, he has worked fragility, reliability, security (including pri- stitutes of Health. vacy), and scalability. It is important to with local charities to provide needed assist- As Chairman of the Committee on Com- note that the biomedical community is in- ance for the poor. Additionally, he was critical merce, the authorizing Committee for bio- creasingly using the power of computing to in extending health care for AIDS patients in medical research, it is my great pleasure to manage and analyze data and to model bio- the early days of the AIDS crisis. To this day, logical processes. Recognizing that bio- join with Mrs. MORELLA to ensure that NIH re- the Archdiocese of New York is still the largest ceive the authorizing authority it needs to push medical researchers need to make optimal health care provider for AIDS patients in New the frontiers of research with powerful new use of IT, NIH supports (1) basic research and development in the application of high per- York City. tools. We were happy to work with the formance computing to biomedical research, gentlelady from Maryland (Mrs. MORELLA) and (2) basic research, education, and human re- However, fewer people are aware that Car- her capable staff in drafting this amendment, sources in bio-informaries and computa- dinal O'Connor is a veteran. For twenty-seven and ask that my colleagues join with me in tional science to address research needs of years, Cardinal O'Connor served his country supporting its adoption. biomedicine, (3) research in, and application honorably as a Chaplain in the United States of high-speed networking infrastructures Thanks to the Republican-controlled Con- Navy. He later was ordained a Bishop by gress, funding for biomedical research through such as the NGI for health care, health and Pope John Paul II so he could serve as the NIH has expanded from $11.3 billion in FY science education, medical research and tele- medicine through the High Performance 1995 to $17.8 billion in FY 2000. The Morella- Bishop for the Military Archdiocese. After serv- Computing and Communications (HPCC) Ini- ing in this position for four years, he became Bliley amendment would authorize future fund- tiative. Enclosed are the funding levels for ing for NIH high-performance computing appli- NIH in this area. Bishop of Scranton, Pennsylvania and was cations to examine issues as diverse as new Section 5 of the legislation reauthorizes then evaluated to his Cardinatial See in New strategies to provide health care access to un- funding for agencies in support of the NGI York City 1985. derserved people through telemedicine, com- initiative. Though excluded in this reauthor- ization funding, the NIH has made a serious Furthermore, Cardinal O'Connor provided puter modeling of biological processes to sub- commitment to furthering telemedicine by one of the most important voices in America stitute for human embryonic stem cells, and sponsoring dozens of projects around the for the unborn. His commitment to the unborn the implications of collaborative biomedical re- country, in a variety of rural and urban set- is a well-known and important aspect of his search via the Next Generation Internet. tings. NIH has funded studies about privacy Again, my thanks to the gentlelady from and confidentiality issues, how telemedicine pastorate as the Cardinal in New York City. Maryland (Mrs. MORELLA) for her assistance in projects should be evaluated, and what med- He has been an effective advocate for the un- accomplishing this initiative. Mr. Speaker, I ical uses might be made of the NGI. In fact, born in both a pastoral and legislative capac- over the next three years, the NIH is funding also submit for the RECORD a letter that I re- ity. Additionally, he headed the Secretariat for test-bed projects to study the use of NGI ca- ceived from the National Institutes of Health pabilities by the health community. Pro-Life Activities for the National Conference requesting our assistance with this authoriza- In summary, because of the commitment of Catholic Bishops. He is completely com- tion. and investment shared by NIH in both the mitted to ending the horror of legalized abor- Mr. Chairman, I urge my colleagues to sup- ITRD and NGI initiatives, we deem it appro- tion on demand and will be remembered for port this amendment. priate that the legislation allow other agen- cies, such as NIH, to participate in the that. NATIONAL INSTITUTES OF HEALTH, NITRD program and to specifically reauthor- Bethesda, MD, February 11, 2000. Many times, people on the side of keeping ize NIH for the NGI initiative. Hon. TOM BLILEY, Thank you in advance for any assistance abortion legal claim that the pro-life movement Chairman, Committee on Commerce, House of you can give us on the matter. I can be does little to support pregnant women. Car- Representatives, Washington, DC. reached on (301) 496–3471, should you or your dinal O'Connor's example refutes this. On DEAR MR. CHAIRMAN: I am writing to re- staff have questions or need additional infor- quest your assistance on behalf of the Na- mation. January 23, 2000, he re-stated publicly prom- tional Institutes of Health (NIH) on a matter Sincerely, ised. of importance to our information technology MARC SMOLONSKY, activities. As you may know, H.R. 2086, the On the 15th of October in 1984, I announced Associate Director for from this pulpit that any woman, of any reli- Networking and Information Technology and Legislative Policy and Analysis. Research and Development Act of 1999, is gion, of any color, of any race, of anywhere pending in the House of Representatives. The f could come here to New York and we would inclusion of NIH in certain provisions of the PRESENTING CONGRESSIONAL do everything that we could if she were un- legislation would help advance biomedical GOLD MEDAL TO JOHN CAR- able to meet her needs herself to provide free research. hospitalization, free medical care, free legal The primary purpose of the bill is to au- DINAL O’CONNOR care, whatever she needed so that her baby thorize funding for networking and informa- SPEECH OF tion technology (IT) research and develop- could be born. ment for fiscal years 2000 through 2004 for HON. HELEN CHENOWETH-HAGE Mr. Speaker, we should take this oppor- the following agencies: National Science OF IDAHO tunity to commend and impart our thanks to Foundation, the National Aeronautics and IN THE HOUSE OF REPRESENTATIVES Cardinal O'Connor by bestowing this Congres- Space Administration, the Department of Tuesday, February 15, 2000 Energy, the National Institute of Standards sional Gold Medal upon him. and Technology, the National Oceanic and Mrs. CHENOWETH-HAGE. Mr. Speaker, Atmospheric Administration, and the Envi- today I rise to support the passage of H.R.

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A16FE8.057 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E167 INTRODUCTION OF H.R. 3673 1999, and Panama assumed full control of the Taken together, these specific provisions UNITED STATES-PANAMA PART- Panama Canal and all former U.S. military in- give substance to the larger promise of this NERSHIP ACT OF 2000 stallations. legislation, which is to renew and reinvigorate A 1977 protocol to the Treaties provides the special relationship between our two peo- HON. BENJAMIN A. GILMAN that the United States and Panama may agree ples as we enter the 21st century, provided OF NEW YORK to a U.S. presence in Panama after 1999. For the people of Panama decide they want to re- main our partner. IN THE HOUSE OF REPRESENTATIVES three years, U.S. and Panamanian negotiators sought to reach just such an agreement. On Under Article I, section 7 of the U.S. Con- Wednesday, February 16, 2000 September 24, 1998, however, it was an- stitution, this bill can only originate in the Mr. GILMAN. Mr. Speaker, I have today in- nounced that these negotiations had failed House of Representatives. The list of original troduced H.R. 3673, the ``United States-Pan- and that the U.S. military would withdraw from cosponsors of the version of this bill that I in- ama Partnership Act of 2000.'' Panama as scheduled. troduced in 1998, H.R. 4858, makes clear The purpose of this legislation is to give our This was a regrettable turn of events for that, if brought to a vote on the House floor, President authorities that he can use to seek both of our countries. The United States and this legislation would pass the House of Rep- an agreement with Panama to permit the Panama both benefited in many ways from the resentatives. I am confident that the Senate United States to maintain a presence there U.S. presence in Panama. For the United would join the House in approving this meas- sufficient to carry out counternarcotics and re- States, that presence provided a forward plat- ure, provided that the people of Panama indi- lated missions. form from which to combat narcotrafficking cate that they too wish to strengthen relations This legislation is virtually identical to a bill and interdict the flow of drugs, which threatens between our two countries along the lines pro- I introduced in 1998, H.R. 4858 (105th Con- all countries in this hemisphere. These bene- posed in the bill. gress). The original cosponsors of H.R. 4858 fits to the United States cannot be duplicated It is my sincere hope that Panama will ac- included DENNIS HASTERT, now Speaker of the at the so-called ``forward operating locations'' cept this invitation to reinvigorate the special House of Representatives; CHARLIE RANGEL, that the Administration is seeking to set up in relationship between our two peoples. I recog- Ranking Democratic Member of the Com- several countries in Latin America and the nize, however, that the right to make this mittee on Ways and Means; CHRIS COX, Caribbean. choice rests with the people of Panama, and Chairman of the House Republican Policy For Panama, the U.S. presence added an naturally our nation will respect their decision. Committee; BOB MENENDEZ, now Vice Chair- estimated $300 million per year to the local SUMMARY OF UNITED STATES-PANAMA man of the Democratic Caucus; DAVID DREIER, economy, fostered economic growth by con- PARTNERSHIP ACT OF 2000 now Chairman of the Committee on Rules; tributing to a stable investment climate, and INTRODUCED FEBRUARY 16, 2000 FLOYD SPENCE, Chairman of the Committee on helped deter narcoterrorism from spilling over National Security; HENRY HYDE, Chairman of into Panama. Offers trade and other benefits to Panama the Committee on the Judiciary; DAN BURTON, In retrospect, the Clinton Administration if the President certifies to Congress that Chairman of the Committee on Government acted precipitously in 1995 when it rejected the United States and Panama have reached an agreement permitting the United States Reform and Oversight; and BILL MCCOLLUM, Panama's offer to negotiate an extension of to maintain a presence at four installations our traditional presence in exchange for a Chairman of the Subcommittee on Crime of in Panama (Howard Air Force Base, Fort the Committee on the Judiciary. package of benefits to be mutually agreed Kobbe, Rodman Naval Station, and Fort I am introducing H.R. 3673 because Pan- upon. In the wake of that decision, the effort Sherman), alone or in conjunction with ama and the United States today stand at a to establish a Multinational Counternarcotics other friendly countries, sufficient to carry crossroads in the special relationship between Center failed to gain broad support across out necessary counternarcotics, search and our two peoples that dates back nearly 100 Panama's political spectrum. rescue, logistical, training, and related mis- years. As the new century dawns, our two na- My legislation returns to, and builds upon, sions for a period of not less than 15 years. tions must decide whether to end that relation- the concept proposed by Panama in 1995 of The benefits that would be made available ship, or renew and reinvigorate it for the 21st permitting a U.S. presence in Panama beyond to Panama include: century. We must decide, in other words, 1999 in exchange for a package of benefits. 1. NAFTA-equivalent treatment under U.S. trade laws for exports from Panama. whether our nations should continue to drift The legislation also accepts the idea first pro- 2. Assistance from the U.S. Trade and De- posed by Panama of permitting counter- apart, or draw closer together. velopment Agency for design, planning, and In the case of Canada and MexicoÐthe narcotics operations from Panama to take training in connection with construction of a other two countries whose historical relation- under multinational auspices. new bridge across the Panama Canal. ship with the United States most closely par- The legislation includes four specific provi- 3. Assistance from the U.S. Trade and De- allels PanamaÐthere has been a collective sions of benefit to Panama. velopment Agency for design, planning, and decision to draw our nations closer together. First, and most importantly, the bill offers to training in connection with construction of a This decision, embodied in the North Amer- bring Panama into the first rank of U.S. trade new sewage treatment plant for Panama ican Free Trade Agreement (NAFTA), was partners by giving Panama the same pref- City. grounded in a recognition that, in today's erential access to the U.S. market that Can- 4. $2 million per year in scholarships for world, our mutual interests are best served by ada and Mexico currently enjoy. The economic deserving students from Panama to study in the United States. increased cooperation and integration. value of this benefit for Panama is difficult to The NAFTA-equivalent treatment for ex- quantify today, but over time it should lead to The legislation I am introducing today offers ports from Panama would be made available Panama the opportunity to join Canada and significantly increased investment and employ- unilaterally by the United States during a Mexico in forging a new, more mature, mutu- ment there, which would directly benefit all three-year transition period. Prior to the ally beneficial relationship with the United Panamanians. conclusion of the transition period, the States. In exchange, the legislation asks Pan- Second, it offers a scholarship program for United States and Panama would negotiate ama to remain our partner in the war on drugs deserving Panamanian students to study in and enter into an agreement providing either by agreeing to host a U.S. presence, alone or the United States. for Panama’s accession to NAFTA, or for the in conjunction with other friendly countries, Third, if offers assistance in preparing for establishment of a bilateral free trade ar- rangement comparable to NAFTA. Free sufficient to carry out counternarcotics and re- the construction of a new bridge across the trade benefits under this agreement would be lated missions. Panama Canal. guaranteed for a period at least as long as In accordance with the Panama Canal Trea- Fourth, it offers assistance in preparing for the period during which the U.S. is per- ties of 1977, the United States terminated its the construction of a new sewage treatment mitted to maintain a military presence in military presence in Panama at the end of plant for Panama City. Panama.

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A16FE8.057 pfrm02 PsN: E16PT1 E168 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 2000 SENATE COMMITTEE MEETINGS FEBRUARY 23 2:30 p.m. 9:30 a.m. Energy and Natural Resources Title IV of Senate Resolution 4, Indian Affairs Forests and Public Land Management Sub- committee agreed to by the Senate on February 4, To hold oversight hearings on the Presi- To hold hearings on S. 1722, to amend the 1977, calls for establishment of a sys- dent’s proposed budget request for fis- Mineral Leasing Act to increase the tem for a computerized schedule of all cal year 2001 for Indian programs. maximum acreage of Federal leases for meetings and hearings of Senate com- SR–485 sodium that may be held by an entity mittees, subcommittees, joint commit- 10 a.m. in any 1 State; H.R. 3063, to amend the tees, and committees of conference. Commerce, Science, and Transportation Mineral Leasing Act to increase the Surface Transportation and Merchant Ma- This title requires all such committees maximum acreage of Federal leases for rine Subcommittee sodium that may be held by an entity to notify the Office of the Senate Daily To hold oversight hearings on activities in any one State; and S. 1950, to amend Digest—designated by the Rules com- of the National Railroad Passenger the Mineral Leasing Act of 1920 to en- mittee—of the time, place, and purpose Corporation (AMTRAK). sure the orderly development of coal, of the meetings, when scheduled, and SR–253 coalbed methane, natural gas, and oil any cancellations or changes in the Energy and Natural Resources in the Powder River Basin, Wyoming and Montana. meetings as they occur. Business meeting to consider pending calendar business. SD–366 As an additional procedure along SD–366 with the computerization of this infor- Judiciary FEBRUARY 25 mation, the Office of the Senate Daily To hold hearings on the proposed Unborn 9:30 a.m. Victims of Violence Act. Governmental Affairs Digest will prepare this information for Investigations Subcommittee printing in the Extensions of Remarks SD–226 10:30 a.m. To continue hearings to examine the day section of the CONGRESSIONAL RECORD trading industry and its practices. Environment and Public Works SD–342 on Monday and Wednesday of each To hold hearings on proposed legislation week. authorizing funds for fiscal year 2001 FEBRUARY 29 for the Environmental Protection Meetings scheduled for Thursday, 9:30 a.m. Agency. February 17, 2000 may be found in the Energy and Natural Resources SD–406 Daily Digest of today’s RECORD. National Parks, Historic Preservation, and 2 p.m. Recreation Subcommittee Intelligence To hold hearings on the President’s pro- MEETINGS SCHEDULED To hold closed hearings on pending intel- posed budget estimate for fiscal year ligence matters. 2001 for the operation of the National FEBRUARY 22 SH–219 Park Service system. 9:30 a.m. 2:30 p.m. SD–366 Appropriations Energy and Natural Resources 10 a.m. Legislative Branch Subcommittee Forests and Public Land Management Sub- Appropriations To hold hearings on proposed budget es- committee Commerce, Justice, State, and the Judici- timates for fiscal year 2001 for the Cap- To hold oversight hearings on the White ary Subcommittee itol Police Board, Library of Congress, River National Forest Plan. To hold hearings on proposed budget es- Government Printing Office, Congres- SD–366 timates for fiscal year 2001 for the De- sional Research Service, and the Joint partment of Justice. Committee on Taxation. FEBRUARY 24 SD–192 2:30 p.m. SD–116 9 a.m. 10 a.m. Indian Affairs Small Business Foreign Relations Business meeting to consider pending To hold hearings on the President’s pro- Near Eastern and South Asian Affairs Sub- committee business. posed budget request for fiscal year committee SR–485 To hold hearings to examine the inter- 2001 for the Small Business Adminis- Energy and Natural Resources national trafficking in women and chil- tration. To hold oversight hearings to examine dren. SR–428A the President’s proposed budget for SD–419 9:30 a.m. fy2001, focusing on the U.S. Forest United States Senate Caucus on Inter- Energy and Natural Resources Service. national Narcotics Control To hold hearings on the nomination of SD–366 Finance Thomas A. Fry, III, of Texas, to be Di- International Trade Subcommittee rector of the Bureau of Land Manage- MARCH 1 To hold joint hearings to examine U.S. ment, Department of the Interior. 9:30 a.m. assistance options for the Andes. SD–366 Indian Affairs SD–215 Governmental Affairs To hold oversight hearings on the Na- 2 p.m. Investigations Subcommittee tional Association of Public Adminis- Intelligence To hold hearings to examine the day trators’ Report on Bureau of Indian Af- fairs Management Reform. To hold closed hearings on pending intel- trading industry and its practices. SR–485 ligence matters. SD–342 Energy and Natural Resources SH–219 10 a.m. To hold oversight hearings to examine Foreign Relations Environment and Public Works East Asian and Pacific Affairs Sub- the President’s proposed budget for Transportation and Infrastructure Sub- fy2001, focusing on the Department of committee committee To hold hearings on East Asia in 2000, fo- the Interior. To hold hearings on proposed legislation cusing on problems and prospects in SD–366 authorizing funds for fiscal year 2001 the year of the dragon. 10 a.m. for the Army Corps of Engineers. SD–419 Veterans’ Affairs SD–406 Judiciary To hold joint hearings with the House To hold hearings on pending judicial Appropriations Committee on Veterans’ Affairs on the nominations. Commerce, Justice, State, and the Judici- legilative recommendation of the Dis- SD–226 ary Subcommittee abled American Veterans. 2:30 p.m. To hold hearings on proposed budget es- 345 Cannon Building Energy and Natural Resources timates for fiscal year 2001 for the the Forests and Public Land Management Sub- Department of Commerce. MARCH 2 committee SD–138 9:30 a.m. To hold oversight hearings on the Ad- 2 p.m. Veterans’ Affairs ministration’s effort to review approxi- Intelligence To hold joint hearings with the House mately 40 million acres of national for- To hold closed hearings on pending intel- Committee on Veterans’ Affairs on leg- est lands for increased protection. ligence matters. islative recommendations of the Jew- SD–366 SH–219 ish War Veterans, Paralyzed Veterans

VerDate 272000 03:19 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\M16FE8.000 pfrm02 PsN: E16PT1 February 16, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E169 of America, Blinded Veterans Associa- gration and Naturalization Service, all MARCH 29 tion, and the Non Commissioned Offi- of the Department of Justice. 9:30 a.m. cers Association. SD–192 Indian Affairs 345 Cannon Building Business meeting to consider pending MARCH 15 Energy and Natural Resources calendar business; to be followed by To hold oversight hearings to examine 10 a.m. hearings on S. 1967, to make technical the President’s proposed budget for Veterans’ Affairs corrections to the status of certain fy2001, focusing on the Department of To hold joint hearings with the House land held in trust for the Mississippi Energy. Committee on Veterans’ Affairs on the Band of Choctaw Indians, to take cer- SD–366 Legislative recommendation of the tain land into trust for that Band. 10 a.m. Veterans of Foreign Wars. SR–485 Appropriations 345 Cannon Building Commerce, Justice, State, and the Judici- APRIL 5 ary Subcommittee MARCH 21 To hold hearings on proposed budget es- 10 a.m. 9:30 a.m. timates for fiscal year 2001 for the De- Appropriations Indian Affairs partment of State. Commerce, Justice, State, and the Judici- To hold hearings on S. 612, to provide for S–146, Capitol ary Subcommittee periodic Indian needs assessments, to 2:30 p.m. To hold hearings on proposed budget es- require Federal Indian program evalua- Energy and Natural Resources timates for fiscal year 2001 for the Fed- tions. Forests and Public Land Management Sub- eral Communications Commission and SR–485 committee the Securities and Exchange Commis- To hold oversight hearings on the United sion. SEPTEMBER 26 S–146, Capitol States Forest Service’s proposed revi- 9:30 a.m. sions to the regulation governing Na- MARCH 22 Veterans’ Affairs tional Forest Planning. To hold joint hearings with the House 10 a.m. SD–366 Committee on Veterans’ Affairs on the Veterans’ Affairs Legislative recommendation of the MARCH 7 To hold joint hearings with the House Committee on Veterans’ Affairs on the American Legion. 9:30 a.m. Legislative recommendation of the 345 Cannon Building Veterans’ Affairs Vietnam Veterans of America, the Re- To hold joint hearings with the House tired Officers Association, American Committee on Veterans’ Affairs on the Ex-Prisoners of War, AMVETS, and the POSTPONEMENTS legislative recommendations of the Re- National Association of State Direc- tired Enlisted Association, Gold Star tors of Veterans Affairs. Wives of America, Military Order of 345 Cannon Building MARCH 15 the Purple Heart, Air Force Sergeants 9:30 a.m. Association, and the Fleet Reserve As- MARCH 23 Indian Affairs sociation. 10 a.m. Business meeting to consider pending 345 Cannon Building Appropriations calendar business; to be followed by Appropriations Commerce, Justice, State, and the Judici- hearings on the proposed Indian Health Legislative Branch Subcommittee ary Subcommittee Care Improvement Act. To hold hearings on proposed budget es- To hold hearings on proposed budget es- SR–485 timates for fiscal year 2001 for the Sec- timates for fiscal year 2001 for the Na- retary of the Senate, and the Sergeant tional Oceanic and Atmospheric Ad- APRIL 19 at Arms. ministration of the Department of 9:30 a.m. SD–124 Commerce, and the Securities and Ex- Indian Affairs 10 a.m. change Commission. Business meeting to consider pending Appropriations S–146, Capitol Commerce, Justice, State, and the Judici- Banking, Housing, and Urban Affairs calendar business; to be followed by ary Subcommittee To hold oversight hearings on the Mone- hearings on S. 611, to provide for ad- To hold hearings on proposed budget es- tary Policy Report to Congress pursu- ministrative procedures to extend Fed- timates for fiscal year 2001 for the Fed- ant to the Full Employment and Bal- eral recognition to certain Indian eral Bureau of Investigation, Drug En- anced Growth Act of 1978. groups. forcement Administration, and Immi- SH–216 SR–485

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HIGHLIGHTS House Committees ordered reported seven sundry measures. Senate hearing on internet security issues, focusing on Chamber Action criminal behavior and significant threats to our na- The Senate was not in session today. It will next tional security and economic security, after receiving meet on Tuesday, February 22, 2000 at 11 a.m. testimony from Janet Reno, Attorney General, and Louis J. Freeh, Director, Federal Bureau of Investiga- Committee Meetings tion, both of the Department of Justice; Bill Reinsch, Under Secretary of Commerce; Robert (Committees not listed did not meet) Chestnut, eBay, Inc., San Jose, California; Jeff B. INTERNET SECURITY Richards, Internet Alliance, Washington, D.C.; and Committee on Appropriations: Subcommittee on Com- Mark D. Rasch, Global Integrity Corporation, Res- merce, Justice, State, and the Judiciary concluded ton, Virginia. h House of Representatives Appointed as conferees: Chairman Bliley and Rep- Chamber Action resentatives Tauzin, Oxley, Dingel, and Markey. Bills Introduced: 30 public bills, H.R. 3669–3698, Page H489 and 4 resolutions, H. Con. Res. 252–255, were in- Small Business Liability Reform Act of 2000: The troduced. Pages H508±10 House passed H.R. 2366, to provide small businesses Reports Filed: No Reports were filed today. certain protections from litigation excesses and to Journal: Agreed to the Speaker’s approval of the limit the product liability of nonmanufacturer prod- Journal of February 15 by a yea and nay vote of 354 uct sellers by a recorded vote of 221 ayes to 193 yeas to 46 nays, Roll No. 22. Pages H457±58 noes, Roll No. 25. Pages H463±86 Agreed to: Guest Chaplain: The prayer was offered by the Guest Chaplain the Rev. Dr. Ronald F. Christian of Hutchinson amendment that allows the court to exceed punitive damage caps if it finds clear and Fairfax, Virginia. Page H457 convincing evidence that the defendant acted with Millennium Digital Commerce Act—E–SIGN: specific intent to cause harm; Pages H476±77 The House passed S. 761, to regulate interstate com- Moran of Virginia amendment that defines puni- merce by electronic means by permitting and en- tive damage as those awarded to punish or deter oth- couraging the continued expansion of electronic ers from engaging in similar behavior and does not commerce through the operation of free market include any civil penalties, fines, or treble damages forces, after amending it to contain the text of H. assessed by a State or Federal government agency; R. 1714, Electronic Signatures in Global and Na- and Pages H478±79 tional Commerce Act. The House insisted on its Watt of North Carolina amendment that strikes amendments and requested a conference. language to preclude Federal court jurisdiction over Pages H486±89 D97

VerDate 27-JAN-2000 02:32 Feb 17, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16FE0.REC pfrm02 PsN: D16FE0 D98 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 2000 claims dealing with the interference in interstate The Committee also approved the Committee commerce and antitrust. Page H479 Budget Views and Estimates for Fiscal Year 2001 for Rejected: submission to the Committee on the Budget. Conyers amendment that sought to change the AGRICULTURE, RURAL DEVELOPMENT, definition of small business to those with revenues, FDA, AND RELATED AGENCIES in each of the last two years, of $5 million or less; APPROPRIATIONS apply product liability protections to small retailers only; limits cap on punitive damages to product li- Committee on Appropriations: Subcommittee on Agri- ability; define hate crime as those where a defendant culture, Rural Development, Food and Drug Admin- selects a victim or victim’s property based on actual istration, and Related Agencies began appropriation or perceived race, color, religion, national origin, hearings. Testimony was heard from Dan Glickman, ethnicity, gender, disability, or sexual orientation; Secretary of Agriculture. and allows States to opt out of the Federal damages DEFENSE APPROPRIATIONS cap through legislation or voter initiative (rejected Committee on Appropriations: Subcommittee on Defense by a recorded vote of 178 ayes to 237 noes, Roll No. met in executive session to hold a hearing on Mili- 24). Pages H479±85 tary Readiness. Testimony was heard from the fol- Agreed to H. Res. 423, the rule that provided for lowing officials from the Department of Defense: consideration of the bill by a yea and nay vote of Adm. D.L. Pilling, USN, Vice Chief of Naval Oper- 223 yeas to 187 nays, Roll No. 23. Pages H461±63 ations; Gen. John Keane, USA, Vice Chief of Staff; Resignations—Appointments: Agreed that not- Gen. Terrence Dake, USMC, Assistant Commandant withstanding any adjournment of the House until of the Marine Corps; and Gen. Lester Lyles, USAF, Tuesday, February 29, 2000, the Speaker, Majority Vice Chief of Staff. leader and Minority leader be authorized to accept INTERIOR APPROPRIATIONS resignations and to make appointments. Page H489 Committee on Appropriations: Subcommittee on Interior Calendar Wednesday: Agreed that the Calendar held an oversight hearing on the Forest Service Man- Wednesday business be dispensed with on Wednes- agerial Accountability. Testimony was heard from day, March 1, 2000. Page H489 Barry T. Hill, Associate Director, Energy and Nat- Canada-United States Interparliamentary Group: ural Resources Division, GAO; the following officials The Chair announced the Speaker’s appointment of from the U.S. Forest Service, Department of Agri- Representative Houghton, as Chairman, to the Can- culture: Mike Dombeck, Chief; Vincette Goerl, Chief ada-United States Interparliamentary Group. Financial Officer; and Randle Phillips, Deputy Chief Pages H489±90 for Programs and Legislation; and public witnesses. Speaker Pro Tempore: Read a letter from the LABOR-HHS-EDUCATION Speaker wherein he designated Representative APPROPRIATIONS Morella to act as Speaker pro tempore to sign en- Committee on Appropriations: Subcommittee on Labor, rolled bills and joint resolutions through February Health and Human Services, and Education held a 29, 2000. Page H489 hearing on the National Institute on Aging, the Na- Quorum Calls—Votes: Two yea and nay votes and tional Center for Research Resources, the National two recorded votes developed during the proceedings Institute of Child Health and Human Development of the House and appear on pages H457–58, H463, and the National Institute of Deafness and Other H484–85, and H485. There were no quorum calls. Communication Disorders. Testimony was heard Adjournment: The House met at 10:00 a.m. and from the following officials of the Department of pursuant to S. Con. Res. 80, the House adjourned Health and Human Services: Richard J. Hodes, Di- at 5:19 p.m. until 12:30 p.m. on Tuesday, February rector, National Institute on Aging; Judith 29, 2000, for morning-hour debate. Vaitukaitis, Director, National Center for Research Resources; Duane Alexander, M.D., Director, Na- tional Institute of Child Health and Human Devel- Committee Meetings opment; and James F. Battey Jr., M.D., National In- stitute of Dental and Craniofacial Research. RURAL LOCAL BROADCAST SIGNAL ACT; MILITARY CONSTRUCTION BUDGET VIEWS AND ESTIMATES APPROPRIATIONS Committee on Agriculture: Ordered reported, as amend- Committee on Appropriations: Subcommittee on Mili- ed, H.R. 3615, Rural Local Broadcast Signal Act. tary Construction held a hearing on the Quality of

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Life. Testimony was heard from the following offi- LITERACY INVOLVES FAMILIES TOGETHER cials of the Department of Defense: Robert E. Hall, ACT; IMPACT AID REAUTHORIZATION Sgt. Maj. U.S. Army; James Herdt, Master Chief ACT Petty Officer, U.S. Navy; Alfred L. McMichael, Sgt. Committee on Education and the Workforce: Ordered re- Maj., U.S. Marine Corps; and Frederick J. Finch, ported, as amended, the following bills: H.R. 3222, Chief Master Sgt, U.S. Air Force. Literacy Involves Families Together Act; and H.R. BALLISTIC MISSILE DEFENSE PROGRAMS 3616, Impact Aid Reauthorization Act of 2000. Committee on Armed Services: Subcommittee on Mili- DEFENSE SECURITY SERVICE OVERSIGHT tary Procurement and the Subcommittee on Military Committee on Government Reform: Subcommittee on Research and Development held a joint hearing on National Security, Veterans’ Affairs, and Inter- ballistic missile defense programs. Testimony was national Relations held a hearing on Defense Secu- heard from Lt. Gen. Robert T. Kadish, U.S. Air rity Service Oversight. Testimony was heard from Force, Director, Ballistic Missile Defense Organiza- Carol R. Schuster, Associate Director, National Secu- tion, Department of Defense. rity International Affairs Division, GAO; Gen. BUDGET VIEWS AND ESTIMATES Charles Cunningham, Director, Defense Security Committee on Banking and Financial Services: Approved Service, Department of Defense; and Gen. Larry D. Committee Budget Views and Estimates for Fiscal Welch, Chairman, Joint Security Commission. Year 2001 for submission to the Committee on the INTERNATIONAL AFFAIRS BUDGET Budget. REQUEST; BUDGET VIEWS AND MERGING THE DEPOSIT INSURANCE ESTIMATES FUNDS Committee on International Relations: Held a hearing on Committee on Banking and Financial Services: Sub- the Administration’s Fiscal Year 2001 International committee on Financial Institutions and Consumer Affairs Budget Request. Testimony was heard from Credit held a hearing on Merging the Deposit Insur- Madeleine K. Albright, Secretary of State. ance Funds. Testimony was heard from Donna The Committee also approved Committee Budget Tanoue, Chairman, FDIC; Gregory Baer, Assistant Views and Estimates for Fiscal Year 2001 for sub- Secretary, Financial Institutions, Department of the mission to the Committee on the Budget. Treasury; and public witnesses. INDONESIA ADMINISTRATION’S BUDGET— Committee on International Relations: Subcommittee on PRELIMINARY ANALYSIS Asia and the Pacific held a hearing on Indonesia: Committee on the Budget: Held a hearing on Prelimi- Confronting the Political and Economic Crises. Tes- nary Analysis of the Administration’s Fiscal Year timony was heard from Timothy F. Geithner, Under 2001 Budget. Testimony was heard from Dan L. Secretary, International Affairs, Department of the Crippen, Director, CBO. Treasury; Stanley Roth, Assistant Secretary, East AFFORDABLE PRESCRIPTION DRUGS— Asian and Pacific Affairs, Department of State; and SENIORS’ ACCESS public witnesses. Committee on Commerce: Subcommittee on Health and BUDGET VIEWS AND ESTIMATES Environment held a hearing on Seniors’ Access to Committee on the Judiciary: Continued consideration of Affordable Prescription Drugs: Models for Reform. Committee Budget Views and Estimates for Fiscal Testimony was heard from Bonnie Washington, Di- Year 2001 for submission to the Committee on the rector, Office of Legislation, Health Care Financing Budget. Administration, Department of Health and Human MISCELLANEOUS MEASURES Services; William J. Scanlon, Director, Health Fi- nancing and Public Health Issues, GAO; and public Committee on Resources: Ordered reported the following witnesses. bills: S. 613, Indian Tribal Economic Development and Contract Encouragement Act of 1999; H.R. VIDEO ON THE INTERNET 1680, amended, to provide for the conveyance of Committee on Commerce: Subcommittee on Tele- Forest Service property in Kern County, California, communications, Trade, and Consumer Protection in exchange for county lands suitable for inclusion in held a hearing on Video on the Internet: Sequoia National Forest; H.R. 1749, amended, to iCraveTV.com and Other Recent Developments in designate Wilson Creek in Avery and Caldwell Webcasting. Testimony was heard from public wit- Counties, North Carolina, as a component of the Na- nesses. tional Wild and Scenic Rivers Systems; and H.R.

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2484, to provide that land which is owned by the BUDGET VIEWS AND ESTIMATES; U.S- Lower Sioux Indian Community in the State of Min- CHINA BILATERAL TRADE AGREEMENT— nesota but which is not held in trust by the United ACCESSION OF CHINA TO THE WTO States for the Community may be leased or trans- Committee on Ways and Means: Approved Committee ferred by the Community without further approval Budget Views and Estimates for Fiscal Year 2001 for by the United States. submission to the Committee on the Budget. BIENNIAL BUDGETING The Committee also held a hearing on the U.S.- Committee on Rules: Held a hearing on Biennial Budg- China Bilateral Trade Agreement and the Accession eting: A Tool for Improving Government Fiscal of China to the WTO. Testimony was heard from Management and Oversight. Testimony was heard Representatives Smith of New Jersey, Pelosi, Dooley from. Speaker Hastert; and Representatives Young of of California, Moran of Virginia, Knollenberg, Florida, Obey, Regula, Price of North Carolina, Blumenauer and Walden of Oregon; Charlene Knollenberg, Smith of Michigan, Bass, Barton of Barshefsky, U.S. Trade Representative; and public Texas, McCarthy of Missouri, Stearns, Ney and witnesses. Whitfield. SENIOR CITIZENS’ FREEDOM TO WORK NSF BUDGET AUTHORIZATION REQUEST ACT Committee on Science: Subcommittee on Basic Research Committee on Ways and Means: Subcommittee on So- held a hearing on National Science Foundation Fiscal cial Security approved for full Committee, as amend- Year 2001 Budget Authorization Request, Part I: ed, H.R. 5, Senior Citizens’ Freedom to Work Act Research and Related Activities and Major Research of 1999. Equipment. Testimony was heard from the following officials of the NSF: Rita Colwell, Director; and DEPARTMENT OF ENERGY—STATE OF Ramon Kelly, Chairman, National Science Board. COUNTERINTELLIGENCE NASA AUTHORIZATION Permanent Select Committee on Intelligence: Held a hear- Committee on Science: Subcommittee on Space and Aer- ing on the State of Counterintelligence at the De- onautics held a hearing on Fiscal Year 2001 NASA partment of Energy and Its Three Key Nuclear Authorization, NASA Posture. Testimony was heard Weapons Laboratories. Testimony was heard from from Daniel S. Goldin, Administrator, NASA. Paul Redmond, Consultant to the Committee. f ASSOCIATION HEALTH PLANS; BUDGET VIEWS AND ESTIMATES NEW PUBLIC LAWS Committee on Small Business: Held a hearing on Asso- S. 1733, to establish a program to authorize the ciation Health Plans. Testimony was heard from Secretary of the Interior to plan, design, and con- James R. Baumgardner, Acting Deputy Assistant struct facilities to mitigate impacts associated with Director, Health Policy, CBO; and public witnesses. irrigation system water diversions by local govern- The Committee also approved Committee Budget mental entities in the Pacific Ocean drainage of the Views and Estimates for Fiscal Year 2001 for sub- States of Oregon, Washington, Montana, and Idaho. mission to the Committee on the Budget. Signed February 11, 2000. (P.L. 106–171) BUDGET VIEWS AND ESTIMATES; f MISCELLANEOUS RESOLUTIONS COMMITTEE MEETINGS FOR THURSDAY, Committee on Transportation and Infrastructure: Ap- FEBRUARY 17, 2000 proved the following: Committee Budget Views and Estimates for Fiscal Year 2001 for submission to the (Committee meetings are open unless otherwise indicated) Committee on the Budget; and several water survey Senate resolutions. No meetings/hearings scheduled. FLOOD WATER RESCUE House Committee on Transportation and Infrastructure: Sub- Committee on Appropriations, Subcommittee on Agri- committee on Oversight, Investigations, and Emer- culture, Rural Development, Food and Drug Administra- gency Management held a hearing on Flood Water tion, and Related Agencies, on the Inspector General, 10 Rescue. Testimony was heard from Representatives a.m., 2362A Rayburn. Bilbray and Morella; Bruce Baughman, Director, Subcommittee on Commerce, Justice, State, and Judici- Operations and Planning Division, FEMA; and pub- ary, on the Legal Services Corporation, 10 a.m., H–309 lic witnesses. Capitol.

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Subcommittee on Defense, on Defense Medical Pro- Committee on Government Reform, Subcommittee on grams, 9:30 a.m., H–140 Capitol. Criminal Justice, Drug Policy and Human Resources, Subcommittee on Labor, Health and Human Services, hearing on HHS Drug Treatment Support: Is SAMHSA and Education, on the National Heart, Lung, and Blood Optimizing Resources? 10 a.m., 2154 Rayburn. Institute and the National Institute of Dental and Committee on the Judiciary, Subcommittee on Immigra- Craniofacial Research, 10 a.m., and on the National Insti- tion and Claims, hearing on the following bills: H.R. tute of Drug Abuse and the National Institute on Alco- 3058, Anti-Atrocity Alien Deportation Act; and H.R. hol Abuse and Alcoholism, 2 p.m., 2358 Rayburn. 2883, Adopted Orphans Citizenship Act, 9:30 a.m., 2237 Committee on Armed Services, to continue hearings on the Rayburn. Fiscal Year 2001 National Defense Authorization Budget Committee on Veterans’ Affairs, hearing on the Fiscal Request, 9:30 a.m., 2118 Rayburn. Year 2001 budget for the Department of Veterans Af- Committee on Banking and Financial Services, hearing on the Conduct of Monetary Policy (Humphrey-Hawkins), fairs, 9:30 a.m., 334 Cannon. 10 a.m., 2128 Rayburn. Committee on Ways and Means, Subcommittee on Health, Committee on the Budget, hearing on ‘‘Oversight of hearing on the Confidentiality of Patient Records, 10 ‘High-Risk’ Government Programs,’’ 210 Cannon. a.m., 1100 Longworth. Committee on Commerce, Subcommittee on Telecommuni- Subcommittee on Human Resources, hearing on Child cations, Trade, and Consumer Protection, hearing on the Protection Review System, 9 a.m., B–318 Rayburn. FCC’s Low-power FM: A Review of the FCC’s Spectrum Management Responsibilities in addition to H.R. 3439, Joint Meetings Radio Broadcasting Preservation Act of 1999, 10 a.m., Commission on Security and Cooperation in Europe: to hold 2322 Rayburn. hearings on the current status of religious liberty in Rus- Committee on Education and the Workforce, Subcommittee sia, 2:30 p.m., B–318, Rayburn Building. on Oversight and Investigations, hearing on 21st Century Worker Shortages, 10 a.m., 2175 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Tuesday, February 22 12:30 p.m., Tuesday, February 29

Senate Chamber House Chamber Program for Tuesday: Senator Moynihan will read Program for Tuesday: To be announced. Washington’s Farewell Address; following which, there will be a period of morning business (not to extend be- yond 12:30 p.m.). At 2:15 p.m., Senate will consider any cleared execu- tive or legislative business. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Crowley, Joseph, N.Y., E155 Nethercutt, George R., Jr., Wash., E159 Davis, Jim, Fla., E160 Oberstar, James L., Minn., E157 Barcia, James A., Mich., E164 Deutsch, Peter, Fla., E164 Packard, Ron, Calif., E165 Bentsen, Ken, Tex., E152, E154 Forbes, Michael P., N.Y., E160 Pallone, Frank, Jr., N.J., E152 Berkley, Shelley, Nev., E158 Gilman, Benjamin A., N.Y., E167 Paul, Ron, Tex., E151, E153 Berry, Marion, Ark., E158 Goodlatte, Bob, Va., E165 Payne, Donald M., N.J., E162 Bliley, Tom, Va., E166 Goss, Porter J., Fla., E165 Porter, John Edward, Ill., E161 Camp, Dave, Mich., E164 Green, Mark, Wisc., E161 Rangel, Charles B., N.Y., E154 Capps, Lois, Calif., E154, E156 Hastings, Alcee´ L., Fla., E165 Thompson, Mike, Calif., E155 Chenoweth, Helen, Idaho, E166 hinojosa, Ruben, Tex., E160 Towns, Edolphus, N.Y., E152, E153, E155, E156 Coble, Howard, N.C., E159 Hoyer, Steny H., Md., E151, E161 Visclosky, Peter J., Ind., E162 Collins, Mac, Ga., E157 Kaptur, Marcy, Ohio, E157 Waxman, Henry A., Calif., E161 Combest, Larry, Tex., E165 Lucas, Ken, Ky., E162 Wexler, Robert, Fla., E158 Cook, Merrill, Utah, E153 McIntyre, Mike, N.C., E163 Young, Don, Alaska, E154, E156 Costello, Jerry F., Ill., E159 Napolitano, Grace F., Calif., E151, E153, E158

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