September 6, 2000 CONGRESSIONAL RECORD—SENATE 17041 SENATE—Wednesday, September 6, 2000

The Senate met at 9:30 a.m. and was appropriations bill, Senator DASCHLE, pean competitors will be able to do called to order by the President pro or his designee, will be recognized to business in China in ways that will be tempore (Mr. THURMOND). offer a motion to strike the language unavailable to us and at the expense of relating to the Missouri River. There our exporters, our farmers, our manu- PRAYER will be up to 3 hours of debate on the facturers, our financial service compa- The Chaplain, Dr. Lloyd John amendment prior to a vote in relation nies, our Internet companies. Ogilvie, offered the following prayer: to the motion; therefore, votes could During the Senate debate this Almighty God, we commit this day occur into the evening. month, we will hear a lot about other to You. By Your grace, You have I thank my colleagues for their at- issues, with Senators offering a pleth- brought us to the beginning of another tention. ora of amendments. The list will prob- day. There is so much to do today: f ably include human rights, worker votes to cast, speeches to give, and rights, religious freedom, prison labor, loose ends to be tied. In the rush of RESERVATION OF LEADER TIME Taiwan security, arms proliferation, things, it is so easy to live with flat The PRESIDING OFFICER (Mr. AL- and export of American jobs, among ‘‘horizontalism,’’ dependent only on LARD). Under the previous order, lead- others. our own strength and focused on what ership time is reserved. Most, if not all, of these subjects are others can do for us or with us. Today, f important. They should be of concern we lift up our eyes to behold Your to the United States Senate, and to all glory, our hearts to be filled with Your TO AUTHORIZE EXTENSION OF Americans. A number of issues that go love, joy, and peace, and our bodies to NONDISCRIMINATORY TREAT- beyond the strict granting of PNTR to be replenished. MENT TO THE PEOPLE’S REPUB- China, such as human rights, moni- Fill the wells of our souls with Your LIC OF CHINA—MOTION TO PRO- toring and enforcement of Chinese strength and our intellects with fresh CEED commitments at the WTO, promotion inspiration. We know that trying to The PRESIDING OFFICER. Under of the rule of law, and Taiwan’s acces- work for You will wear us out, but al- the previous order, the Senate now re- sion to the WTO, are included in the lowing You to work through us will sumes postcloture debate on H.R. 4444, bill we are considering. Other issues, keep us fit and vital. which the clerk will report. such as proliferation and Taiwan secu- Now, here are our minds, enlighten The assistant legislative clerk read rity, are best dealt with apart from them; here are our souls, empower as follows: this legislation. them; here are our wills, quicken them; A motion to proceed to the bill (H.R. 4444) I share many of the concerns that here are our bodies, infuse them with to authorize extension of nondiscriminatory some of my Senate colleagues will ex- energy. You are our Lord and Saviour. treatment (normal trade relations treat- press over the coming days. But we are Amen. ment) to the People’s Republic of China, and not voting on whether China is our to establish a framework for relations with friend. We are not voting about wheth- f the United States and the People’s Republic er China should be an ally of the PLEDGE OF ALLEGIANCE of China. United States. And we are not voting The PRESIDING OFFICER. The Sen- about whether China should be a de- The Honorable WAYNE ALLARD, a ator from Montana. mocracy or not. Senator from the State of Colorado, led Mr. BAUCUS. I yield to my friend To repeat, we are voting about the Pledge of Allegiance, as follows: from Minnesota for purposes of making whether American workers, farmers, I pledge allegiance to the Flag of the a unanimous consent request. and businesses will benefit from a dec- United States of America, and to the Repub- Mr. WELLSTONE. Mr. President, I ade-long negotiation, or whether we lic for which it stands, one nation under God, ask unanimous consent I be allowed to will allow our competitors in Japan indivisible, with liberty and justice for all. follow the Senator from Montana in and Europe to benefit while Americans f this debate. do not. RECOGNITION OF THE ACTING The PRESIDING OFFICER. Without That said, there are also broader im- MAJORITY LEADER objection, it is so ordered. plications involved in the Senate vote The Senator from Montana. on PNTR. Let me mention a few. The PRESIDENT pro tempore. The Mr. BAUCUS. Mr. President, as we First, a rejection of PNTR will be able Senator from Colorado is recog- begin the debate about whether to seen by China as an American policy nized. grant China Permanent Normal Trade decision to isolate them, to impair f Relations status, PNTR, we need to re- their growth and development, and to mind ourselves what the Senate vote is prevent China from emerging as a SCHEDULE all about and what it is not about. great regional power. That is how they Mr. ALLARD. Mr. President, today We are voting on whether American will see it. Our intention should be to the Senate will resume postcloture de- companies, American farmers, Amer- incorporate China into the global trad- bate on the motion to proceed to the ican workers, and American consumers ing system, to get them to follow the China PNTR legislation. It is hoped an will be able to take advantage of the same rules that we all use in inter- agreement can be reached to begin de- new market opportunities afforded by national trade, and to make them ac- bate on the substance of the bill during changes that China will make over the countable to an international institu- today’s session of the Senate. The Sen- next 5 years once it becomes a member tion for their trade policies and trade ate will also continue debate on the en- of the World Trade Organization, the actions. The more China is integrated ergy and water appropriations bill dur- WTO. If we grant PNTR, China will into the global system, the more re- ing this evening’s session. The Schu- have to give Americans all the benefits sponsibly they will act. It is that sim- mer amendment regarding an energy that we, and other WTO members, suc- ple. commission is the pending amendment. cessfully negotiated after an arduous 13 Second, a rejection of PNTR will By previous consent, during today’s years. If we fail to grant China PNTR likely lead to an indefinite delay in consideration of the energy and water status, then our Japanese and Euro- Taiwan’s accession to the WTO. On the

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

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17042 CONGRESSIONAL RECORD—SENATE September 6, 2000 other hand, passage of PNTR will re- monly assumed the Senate is going to rights, nothing about religious free- sult in Taiwan’s accession. What will pass PNTR. For most, this is a fore- dom, nothing on labor rights, and noth- happen after both China and Taiwan gone conclusion, but I think this is an ing on the environment. accede to—that is, are members of—the extremely important debate and, as a It has been said that the United WTO? matter of fact, one of the reasons I am States could not demand such things They will participate together, along very proud to be a Senator from Min- because we have conceded nothing in with all other WTO members, in meet- nesota is that, unlike the House of our deal with China. That is far from ings ranging from detailed technical Representatives where it was really the truth. With PNTR, the United sessions to Ministerials. There will be difficult to have an extensive debate, States gives up our annual review of countless opportunities for interaction. we will have that debate in the Senate. China most-favored-nation trading Under the WTO’s most-favored-nation I will have a number of amendments I privileges, as well as our bilateral rule, they will have to provide each will bring to the floor. They will be trade remedies. other the same benefits that they substantive. I think my colleagues will MFN review has not been used as ef- grant to other members. believe they are thoughtful, and we fectively as it should be, I grant that, Taiwan’s current policy limiting di- will have up-or-down votes. but it is about the only leverage we rect transportation, communication, I also echo the remarks of my col- have left to speak up for human rights, and investment with the mainland will league from Montana when he says we and when we as a nation do not speak likely be found to violate WTO rules. should be very clear about what this up for human rights in other countries, Both will be able to use the WTO dis- debate is about and what it is not we diminish ourselves. Just ask Wei pute settlement mechanism against about. This debate is not about wheth- Jingsheng, who I hope will receive the the other. And WTO-induced liberaliza- er or not we have trade with China. We Nobel Prize for his courageous speak- tion, in both Taiwan and the PRC, will do have trade with China. We will have ing out for democracy in China. Ask increase and deepen ties between them trade with China. It is not about him the difference it made when every in trade, investment, technology, whether or not we communicate with year normal trade relations with China transportation, information, commu- China. We most definitely will. It is came up for review here while he was nications, and travel. It will promote not about whether we isolate China. in prison. The treatment was better. stability across the Taiwan Strait. We are not going to do that. It is not The Government was worried about Third, consider Chinese behavior about whether we should have an em- what we would do. Now we give up that once it joins the WTO. We should not bargo of China, as we do with Cuba. leverage. expect to see changes overnight; no- That is not even on the radar screen. It is also true that our bilateral trade body does. Those people in business and Nobody is talking about any of that. remedies have not been used as effec- government fighting to maintain their The question before us is whether or tively as they should, but section 301 vested interests in the status quo will not we in the Congress give up our remains our only explicit remedy not disappear. The reformers will be right to have annual review of normal against China’s violation of core labor strengthened, but they will still be trade relations with China—we used to standards. under constant attack as the battle be- call it most-favored-nation status— The United States right now absorbs tween the forces of reform and the whether or not we give up what has 40 percent of China’s exports. The argu- forces of reaction continues. But it is been our only leverage to promote non- ment that we could not have done bet- certainly a vital interest of the United commercial values—I emphasize that, I ter by way of some concessions on States to do everything we can to sup- say to my colleagues—noncommercial these basic issues falls on its face. In port those who favor reform over total- values in our trading relationships, exchange for the concessions we have itarianism, to support those who favor such as human rights, labor rights, and made to China, could we not have at private enterprise over state-owned en- environmental protection. Do we put least exacted some concessions with re- terprises, to support those who favor human rights, labor rights, environ- gard to human rights? We did not. Yet incorporating China into the global mental protection, religious rights, the this year’s annual report by the State trading community over autarky. right not to be persecuted for prac- Department says China’s human rights We need to engage China to promote ticing one’s religious beliefs or exer- performance continued to worsen in responsible behavior internally and ex- cising one’s religious beliefs in paren- 1999. ternally, to encourage them to play by theses, of no interest or concern to us, international rules, to integrate the or do we maintain some leverage as a Today in the New York Times there Chinese economy into the market-driv- country to speak out on this? is another State Department report en, middle-class-participatory econo- The larger question is not whether which we called for, we required, on the mies of the West. China’s entry into China is integrated into the world whole question of religious freedom or the WTO will help anchor and sustain economy. China is a part of the world lack of religious freedom. I quote from these economic reform efforts and em- economy. The questions are: Under just the first two paragraphs of today’s power economic reformers. China will what terms will China be integrated? New York Times: not become a market-driven economy what will the rules be? who will decide As more and more Chinese seek to practice overnight, but it is in our interest that those rules? who will benefit from faiths including Tibetan Buddhism, Christi- they move in this direction, and WTO these decisions? and who will be anity and Islam, government officials have increasingly responded with harassment, ex- will help. harmed by them? The trade agreement negotiated by tortion, detention, and even torture, the I look forward to a vigorous debate in State Department said today. the best tradition of the Senate. I urge the United States and China last No- As a result, a ‘‘marked deterioration’’ in all my colleagues to support this PNTR vember and the PNTR legislation cur- religious freedom has occurred in China dur- legislation without amendments. rently before the Senate provide very ing the last year, enabled by a new law I yield the floor. discouraging answers to these ques- granting state and local officials broad au- The PRESIDING OFFICER (Mr. L. tions as to who will decide, who will thority to suppress 14 minority religions, in- CHAFEE). The Senator from Minnesota. benefit, and exactly who is going to be cluding the Falun Gong movement, the State Mr. WELLSTONE. I thank the Chair. asked to sacrifice. Department said in its second annual report Mr. President, I thank my colleague Our bilateral agreement contains on religious freedom around the world. from Montana for his remarks. We are page after page of protections for U.S. We have had more relations, more not in agreement on this question, but investors. It is a virtual wish list for trade, and this vote is coming up this I have a tremendous amount of respect multinational corporations operating year, and when it comes to the ques- for his work in the Senate. in China and for those who wish to re- tion of whether people can exercise the Let me, first of all, state at the be- locate their production there, but it right to practice their own religion, ginning of this debate that it is com- contains not a word about human there is more persecution.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17043 I will have an amendment that will union, then you are faced with 3 to 8 than it is about exports. It is much deal with the whole question of reli- years in a hard labor camp. We pay no more about making it easier for U.S. gious freedom. It will mirror the con- attention to this question at all, I say firms to relocate jobs in China than it clusions of a commission we set up to to Senators, Democrats and Repub- is about exports. look at religious freedom throughout licans alike. First of all, the argument that this the world, to look at religious freedom Absent any minimum standards for debate is all about exports and reduc- in China, a commission which rec- human rights, for labor, or for the en- ing our trade deficit falls on its face. I ommended to the Congress that we not vironment, the most likely scenario is say to my colleagues, last August the grant automatic trade relations with for China to become an export plat- U.S. International Trade Commission, China unless the Chinese Government form, attracting foreign manufactur- the ITC, completed a study on the ef- meets essential minimum decency re- ers, with lax regulations, and wages as fects of the China deal on our trade quirements when it comes to not perse- low as 3 cents an hour. balance. The ITC found that the China cuting people because of their religious Unfortunately, many of the conces- deal will increase our trade deficit with practice. sions that we chose to demand from China, not lower it. According to the State Department’s China will only make it easier for the Second of all, it is not at all true report: United States, for multinational cor- that we need PNTR to be able to have porations to relocate there, paying peo- The government’s poor human rights trade with China. China is already obli- record deteriorated markedly throughout ple 10 cents an hour, 3 cents an hour, 13 gated, under the 1979 bilateral trade the year as the government intensified ef- cents an hour—I am going to give ex- agreement, according to our own Gen- forts to suppress dissent, particularly orga- amples in my opening statement in eral Accounting Office, the GAO, to nized dissent. Abuses included instances of just a few minutes—in competition give us all of the benefits by way of extrajudicial killings, torture, mistreatment with American workers and ordinary tariff reductions that it gives any of of prisoners, and denial of due process. people in our country, who, by the way, the other WTO countries. Even the ad- We are talking about hundreds, if they oppose our trade agreements, ministration concedes this point. maybe thousands, of people in China are accused of being backward, are ac- Third of all, PNTR will lead to more sentenced to long prison terms where cused of not being sophisticated, are imports from China by encouraging they have been beaten, tortured, and accused of not understanding this new multinationals to invest in China man- denied medical care. global economy in which we live. ufacturing to export to the U.S. mar- According to Amnesty International, Please forgive ordinary citizens and ket. That is what this is all about. Big throughout China, mass summary exe- wage earners for their skepticism that companies could go to China—I will cutions continue to be carried out. At without some basic standards, what give many examples—they would not least 6,000 death sentences and 3,500 you are going to see is China becoming have to worry any longer about annual executions were officially recorded last a magnet for more and more companies reviews, about normal trade relations. year. The real figures are believed to be to go there and pay people deplorable They could go there. much higher. Nor did we obtain any wages, with deplorable working condi- People can’t organize a union. They concessions on religious freedom in our tions, while we lose our jobs. are thrown in prison. There is no re- negotiations with China. Scores of I believe the time has come for a dif- spect for human rights. There is no re- Roman Catholics and Protestants—I ferent approach in negotiating our spect for people to practice their reli- speak as a Jew—have been arrested. A trade agreements and for reforming the gion. As a result, they could go there crackdown on Tibet was carried out rules of the global economy. I want to and pay people deplorable wages, under during the ‘‘strike hard’’ campaign. make it very clear at the beginning of deplorable conditions, and then export Authorities ordered the closure of mon- my opening statement, I say to my col- back to our country. leagues, I am an internationalist. I am asteries in Tibet and banned the Dalai Let me just be real clear about it. Be- a fierce internationalist. I am the son Lama’s image. At one monastery which fore the House vote on PNTR—and I of a Jewish immigrant who fled perse- was closed, over 90 monks and novices hope colleagues will listen—few no- cution from the Ukraine, who was born were detained or ‘‘disappeared.’’ That ticed that the ITC had predicted that in the Ukraine, and then lived in Rus- is why the U.S. Commission on Inter- the trade deal with China would sig- sia, who spoke 10 languages fluently. I national Religious Freedom rec- nificantly increase investment of mul- am not an isolationist. tinational corporations in China. But ommended delaying PNTR until China But I will say today on the floor of after the House vote, the New York makes ‘‘substantial improvement in al- the Senate that we should be looking Times, the Washington Post, and the lowing people the freedom to worship.’’ forward, and we should be looking to Wall Street Journal all carried articles I say to my colleagues, do you just how we participate in this new global laying out what this legislation is real- want to turn your gaze away from this economy, and how we can have some ly about. question? rules, some edifice, some kind of Now, as it is in the Senate, and we We obtained no concessions from framework so this new global economy have the benefit of a little bit more China on complying with their existing works for working people and the envi- wisdom and knowledge, let me just commitments on forced prison labor ronment and human rights. Too many quote, first of all, an article entitled, which they have not lived up to. Harry of my colleagues want to put all of ‘‘Playing the China Card,’’ from the Wu, a man of extraordinary courage these concerns in parenthesis. and character, has documented China’s I think we need to be clear about New York Times: extensive forced labor system. His re- what is at stake. My colleague from Although the Clinton Administration often listed exports as the headline benefit of search has identified more than 1,100 Montana, Senator BAUCUS, said that as labor camps across China, many of broadening trade with China, the real advan- well. That is why so many people in tage for U.S. companies is probably enhanced which produce products for export to this country are concerned about pas- rights of investment and ownership dozens of countries around the world, sage of this legislation. there....Most companies try to crack the including the United States. The PNTR is being sold as an agree- difficult China market by setting up local We demanded no concessions from ment to increase U.S. exports. I have operations, often using those plants as ex- the Chinese on their persecution of heard this said a million times: If we port production bases as well. labor organizers. If you try to form an pass PNTR, we will dramatically in- Here is what the Wall Street Journal independent union, if you should want crease U.S. exports to China, and it had to say the day after PNTR passed to make more than 3 cents an hour, or will be a win-win—a win-win for agri- the House in an article entitled, 14 cents an hour, if you should not culture, a win-win for business, a win- ‘‘House Vote Primes U.S. Firms to want to work 16 and 18 hours a day, if win for labor. Boost Investments in China’’: you should want to be treated with This legislation and trade deal with While the debate in Washington focused some dignity, and you try to organize a China is much more about investment mainly on the probable lift for U.S. exports

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17044 CONGRESSIONAL RECORD—SENATE September 6, 2000 to China, many U.S. multinationals have Cargill, Archer-Daniels-Midland, and The State Department human rights something different in mind. ‘‘This deal is ConAgra, which have operated in China report last year confirms the appalling about investment, not exports,’’ says Joseph for years, lobbied hard for a provision state of labor rights in China. I will Quinlan, an economist with Morgan Stanley in the China trade deal that will let quote a few sections. Dean Witter & Co.... In the tense weeks leading up to last them set up distribution networks that Independent trade unions are ille- night’s vote, business lobbyists emphasized can be used for exports as well as im- gal. . . The government has not approved the beneficial effect the agreement would ports. And John Deere has a joint ven- the establishment of any independent unions have on U.S. exports to China. They played ture with one of China’s state-owned to date. down its likely impact on investment, leery companies that sells tractors. The government continues its effort to of sounding supportive of labor union argu- If we look at our trade deficit with stamp out union activity, including through ments that the deal would prompt companies China, it tells the story. Our trade def- detention or arrest of labor activists. to move U.S. production to China. But many icit with China rose 256 percent from The State Department then goes on businessmen concede that investment in 1992 to 1999. Imports from China more to list a number of labor activists who China is the prize.... than tripled in real terms, while ex- have been imprisoned because they did Then finally, after the House vote, ports grew only 69 percent. Our trade nothing more than demand the right to the U.S. Business and Industrial Coun- deficit with China jumped $11 billion be able to form a union so they could cil surveyed the web sites of dozens of last year to $68 billion. In 1999, we had bargain collectively and get better U.S. multinationals who have been lob- a 6-to-1 ratio of imports to exports. wages. They are in prison, and we pay bying for PNTR, and they reached We do trade with China. There is a no attention to that. similar conclusions: huge trade imbalance. And as U.S. in- I cite a recent report by the National In contrast to the focus in their congres- vestment in China goes up, that is Labor Committee which should dispel sional lobbying and their advertisements, what is going to happen. As our trade any doubts whether there are irrespon- American multinationals say almost nothing deficit gets worse, China is developing sible U.S. corporations taking advan- about exports when they describe their into an export platform for foreign tage of these appalling labor condi- China business on their web sites. There, the firms that seek the world’s cheapest tions. By the way, there are respon- overwhelming emphasis is on supplying the labor and access to the world’s largest China market—and often other markets, like sible U.S. corporations as well. How- the U.S. market—from factories they build consumer market—not China but ours. ever, the shame of it is, without any or acquire or work with in China.... People in China are, by and large, very kind of standards, it is what the irre- poor. The market is not China. The Mr. President, this should come as no sponsible U.S. corporations get away market is in this country. The U.S. surprise to colleagues. According to with. today absorbs about 40 percent of Chi- the Economic Policy Institute, U.S. in- The conclusion of the NLC: na’s exports, and about 40 percent of vestment in Chinese manufacturing—I Recent in-depth investigations of 16 fac- China’s exports, more than $200 billion am talking about before this vote— tories in China producing car-stereos, in 1998, came from multinational firms shot up from $123 million in 1988 to $4 brakes, shoes, sneakers, clothing, TVs, hats, operating in China. billion in 1998. and bags for some of the largest U.S. compa- If this debate is really about invest- nies clearly demonstrate that [these corpora- The number of U.S. affiliates manu- ment and not exports, then the ques- tions] and their contractors in China con- facturing in China rose from 64 in 1989 tion is, Why are so many U.S. corpora- tinue to systematically violate the most fun- to 350 in 1997, and the value of their tions so eager to invest in China? The damental human and worker rights while sales rose from $121 million in 1989 to $8 answer that many of these corpora- paying below subsistence wages. The U.S. billion in 1997. That is before we pass tions will give is that they want access companies and their contractors operate with impunity in China, often in collabora- normal trade relations with China. to China’s huge internal market. But U.S. agribusiness conglomerates that tion with repressive and corrupt local gov- as we have seen, most of the produc- ernment authorities. have been promoting U.S. exports to tion they are investing in is for export NLC investigators found brand China as much as anyone are also in- to the United States and other foreign name—Kathie Lee/Wal-Mart—handbags vesting in production facilities there in markets. There is a good reason for being made in a factory ‘‘where 1,000 China. As the Wall Street Journal that. This was the same argument workers were held under conditions of noted the day after the House vote: made about NAFTA—we want to have indentured servitude, forced to work 12 Even agriculture companies are getting in this market in Mexico. But the prob- on the act. Poultry giant Purdue Farms, Inc. lem is, the wages are so low in these to 14 hours a day, seven days a week, is ratcheting up its investment in China with countries, the poverty is so great, we with only one day off a month, while a joint venture for a processing plant and earning an average of 3 cents an hour.’’ hatchery near Shanghai. don’t have the market. So why are U.S. corporations so in- I hope my colleagues are not going to Purdue isn’t the only one. Cargill op- terested in relocating production in vote against an amendment that I am erates a fertilizer blending plant and a China? Why are they so interested that going to bring to the floor that is going malt plant and two feed mills in dif- we no longer reserve for ourselves the to deal with basic human rights and ferent areas of China and boasted in a right to annually review normal trade another amendment I will bring to the press release last year that it is a relations with China? The most impor- floor dealing with the problem of reli- ‘‘major exporter of Chinese corn and tant reason is they are interested in gious persecution. steel.’’ low cost, and that is a euphemism. Continuing from the NLC report: I urge farmers in Minnesota to listen What I really mean to say is, they are However, after months of work, 46 percent to that. Cargill says: We set up oper- interested in low wages and the repres- of the workers surveyed earned nothing at ations in China; we are a major ex- sion of worker rights. That is what is all— porter of corn. Steel workers in the so attractive about investment in They didn’t even make 3 cents an Iron Range, listen to that. They don’t China. hour. have to worry about environmental The year 1994 is the last data we in fact, they owed money to the company. rules and regulations. They don’t have have. I am trying to bring to the floor The workers were allowed out of the factory to worry about fair labor standards. of the Senate in this debate as much for just an hour and a half a day. The work- They don’t have to worry about human empirical data as I can. Chinese pro- ers were fed two dismal meals a day and rights standards that the Chinese Gov- duction workers who worked in the fac- housed 16 people to one small, crammed ernment will impose. They can produce tories of the U.S. multinationals dorm room. Many of the workers did not corn well below the cost of production even have enough money to pay for bus fare earned on average of 83 cents an hour. to leave the factory to look for other work. of corn growers in Minnesota, and they That is the last year for which the data When the workers protested being forced to themselves brag about the fact that is available. By way of comparison, the work from 7:30 a.m. to 11:00 p.m. seven days they are a major exporter of Chinese average manufacturing worker today a week, for literally pennies an hour, 800 corn. in our country makes $16.87. workers were fired.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17045 Do Members not think in this trade in China under the conditions I have without any kind of human rights agreement we might not want to have described. standards, without any kind of fair some conditions calling on the Chinese I wish to give two case studies. On labor standards, without any kind of Government to live up to basic stand- July 7, the New York Times ran a story minimal standards for human rights, ards of decency? about Zebco Corporation, world-famous what we are going to see is more and One factory producing brand name makers of fishing reel, which moved more companies not exporting but in- sneakers for the U.S. market hires only most of its production to China in vesting in China, going to China, pay- females between the ages of 18 and 25— June. Most of Zebco’s 240 workers will ing low wages. This becomes the export another U.S. company in China. eventually lose their jobs. They said: platform, and then the products are ex- The base wage at the factory is 18 cents an With most of Zebco’s competitors having ported back to our country. According hour, and workers need permission to leave already set up fishing tackle plants in China, to the EPI, our exploding trade deficit the factory grounds. Factory and dorms— allowing them to undercut Zebco’s prices at with China cost over 683,000 jobs be- where 20 women share one small dorm room, Wal-Marts everywhere, Zebco began a year tween 1992 and 1999. This trade deal sleeping on triple-level bunk beds—are ago to explore the possibility of moving its with China will cost even more—over locked down at 9:00 p.m. every night. When own lines to China. The company found that 870,000 jobs, just looking into the im- workers in the polishing section could no it could commission Chinese factories to mediate future. longer stand the grueling overtime hours and produce and deliver reels to the United Well, let me now make two final low pay and went on strike, they were all States for one-third less than it could make points in my opening statement. It is fired. Factory management then lectured the them at home, company officials said. remaining workers that they would not tol- As assembly-line factory jobs go, Zebco of- commonly argued that everybody bene- erate unions, strikes, bad behavior, or the fers ordinary pay but solid benefits, includ- fits, that it is exports, and I have tried raising of grievances. ing Christmas gifts of stock certificates. to take that on. We get the arguments I will have an amendment that will Workers returned the loyalty. Turnover was of the trade agreement, and I have say we should condition automatic nor- low. tried to take that on. It is argued that, mal trade relations with China on their This is what it was all about. in fact, this is a policy that will help living up to the basic standard that Then, earlier this year, the company people in China. I have tried to take people should be able to form an inde- pushed assembly-line workers to raise their that argument on. Let me simply talk pendent union if that is what they be- output by at least 10 percent a month, and about the inequality in our country. lieve they should do without being im- China became a cattle prod. Even free trade economists have now prisoned. That is in the New York Times piece. concluded that existing trade policy is At a plant making brand name— Still, the shop floor fell into stunned si- the single largest cause of growing in- Nike—clothing for American con- lence one Monday afternoon when the presi- equality since 1979. We have a booming sumers, young workers worked from dent of the company read a brief statement economy, but we have the widest gap 7:30 a.m. to 10:30 p.m., 7 days a week. as first-shift workers finished their day. between the rich and the poor of any They made 22 cents an hour. Wal-Mart, Zebco was moving some production to China. industrialized nation in the world. In- by the way, is in China. I think they Many of those listening would lose their equality, both within countries and be- jobs. Zebco reels no longer commanded an tween countries, has dramatically in- are paying 14 cents an hour. And an- ‘‘adequate profit,’’ the statement said. other factory manufacturing for export creased. Many leading United States companies are When we went through the debate on to the U.S. market does not hire any- like Zebco. They face competitive pressure NAFTA, the argument was there will one older than 25; workers are paid 20 to save money by producing in China—often be winners and losers, but we will be cents an hour and work 11- to 12-hour exporting back to the United States—rather better off as a country, and we cer- shifts. than making goods here to sell in China. tainly will be there to compensate the I have no doubt that some of our The workers as Zebco are not alone. losers; we will have job training and companies—I hope many—want to be Warren Davis is a courageous, out- education programs and all of the rest. responsible employers. But when we spoken United Auto Workers leader. He But do you know what? That was fine don’t have any standards and we sign is their regional director for Ohio and sentiment expressed on the floor of the onto trade agreements without any Pennsylvania. In a recent letter, he Senate, but after NAFTA was passed standards whatsoever, we create eco- told me about 90 workers at a plant he and we lost hundreds of thousands of nomic incentives that push in the represents who are all going to lose jobs, support for the training and as- wrong direction, where the companies their jobs because of the conditions sistance suddenly dried up. All of the wanting to do well by workers are at a that I have described. He writes: Senators and all of the Representatives competitive disadvantage and it be- Nestaway Corporation has been under con- who I hear say, ‘‘Yes, there will be los- comes a race to the bottom. tract with the Rubbermaid Corporation of ers and we are certainly going to have In our country—I am proud to say as Wooster, Ohio. It is losing its critical con- to do better’’—I would like to hear a former college teacher—among young tract because Rubbermaid claims it can no longer afford to buy Nestaway’s sink strain- those Senators and Representatives people is the best organizing of justice, talk about health security for people in idealism, and activism I have seen in ers.... The victims are the workers at Nestaway this country, affordable child care, many years. But how can you support Corporation in Garfield Heights, Ohio. They good education for their children, in- the anti-sweatshop campaign, de- are mainly single parents with poor pros- creasing the minimum wage. But quite nounce the rapid proliferation of pects for finding any other job that pay a often you find just the opposite. sweatshops all over the world, and de- wage comparable to the $9 an hour they had I wish to talk about an amendment I nounce the resurgence of sweatshops been paid.... am going to bring to the floor of the here in the U.S. and then turn around Basically, it is the same thing. They Senate, which I think is terribly im- and promote unregulated investment can’t compete. I continue to quote portant. Part of what is going on, un- in China without any conditions what- from him: fortunately, with our trade policy—and soever? My question to you is, for whom does the given the size of China, this will sharp- I simply say that I seriously ques- bell toll? Because this is not just about the ly widen the inequality. This will exac- tion, on the basis of some pretty solid jobs of Region 2 members of the United Auto erbate this, I think, most serious ques- empirical evidence, whether this China Workers. This is about all of American man- tion of all. deal is going to lift living standards ufacturing. And it is about the debate in the The message is, if you organize, we overseas to our levels or whether this Senate. are gone; we will go to these other China deal and some of our other trade The stories of workers at Zebco and countries. The message is that if you policy is going to lower living stand- Nestaway tell a larger story. We have want to work for more than 3 cents an ards down to theirs. It is not very hard an exploding trade deficit with China, hour, you don’t get our investment. to figure out what this deal is about. It and it is only going to get worse be- But if this is all about workers, and is going to encourage more investment cause without any kind of conditions, if this is all about coming through for

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17046 CONGRESSIONAL RECORD—SENATE September 6, 2000 working people in our country—mak- Street financial institutions, and glob- day and who have no access to clean ing sure that the jobs we have in our al business conglomerates. This is the water for themselves or their children. country are good jobs, and there are model of globalization that has gen- You are coming out here on the floor decent health care benefits for people, erated such outrage and certainly of the Senate and trying to argue that and they can support their families—I skepticism on the part of most ordi- trade policy has been a great benefit think we will have to look at the very nary citizens in the country. Good for for the poor in the world. I don’t think strong correlation between unioniza- them. the empirical data support that. tion and good jobs and good working I think there is a 2-to-1 margin—as I Let me conclude where I started. benefits—and that is a well established remember the recent polling data—of I am an internationalist. I hear all correlation—and, therefore, the need to people who say they don’t believe these this discussion about how this debate give people the right to organize. trading agreements are going to lead to and this vote is all about whether or Right now in the country during an good job prospects but are going to not you believe we live and work in a organizing drive, in 91 percent of the more likely take away good jobs for global economy. I take seriously those cases employers require employees to Americans. words that we live and work in a global listen to the companies but deny the Just think about it for a moment. We economy. It certainly is true. But may employees any opportunity to listen to passed not too long ago the CBI initia- I point out to my colleagues the impli- both sides. I am going to introduce a tive. That is all about, as my colleague cations of this point of view. right-to-organize amendment. That said, helping poor working people in If we live in a global economy and if should no longer be the case. Employ- the Caribbean countries. How do you we are truly concerned about human ees should be allowed to hear from both help poor working people in the Carib- rights, then we can no longer concern sides. bean countries where they don’t even ourselves only with human rights at In 31 percent of all the organizing have the right to work? They can’t join home. campaigns, employers illegally fire a union. The Caribbean countries with If we live in a global economy and we union sympathizers with virtual impu- the fastest growing exports have expe- truly care about religious freedom, nity. Ten thousand workers are fired il- rienced—are you ready for this?—the then we can no longer concern our- legally every year. It is profitable to do steepest decline in wages. selves only with religious freedom at so. In this amendment, I say if a com- So often I hear from my colleagues: home. pany breaks the law and illegally fires Well, Paul, we know you support work- If we live in a global economy and that worker, that company is going to ing people but do not seem to be sup- work in a global economy and we care be faced with stiff financial penalties. porting the poor in these developing about the rights of workers to organize In one-third of the cases, even after nations. I say to my colleagues that and bargain collectively and earn a the employees say they want to join a every time I go to a trade conference, better standard of living for themselves union so they can make better wages, I look for the poor. I never see the poor and their children, then we can no the companies refuse to negotiate. This at these trade conferences. I see the longer concern ourselves with labor amendment will call, therefore, for me- elites from these countries. I don’t see rates only at home. diation to be followed by binding arbi- the poor represented. If we truly care about the environ- tration. In any case, with the Caribbean coun- ment and we live in a global economy, I hope my colleagues will support tries, let me cite one very interesting then we can no longer concern our- this right-to-organize amendment. correlation. Those countries with the selves with environmental protection I think the way our country is going fastest growing exports and that have only at home. is that people and families are more the lowest wages have seen the steep- Raising living standards is not only concerned about the right to be able to est decline in wages. the right thing to do, it is necessary if organize and bargain collectively, earn The question is, Who benefits from we are to maintain our own living a decent living, and support their fami- expanding trade benefits without any standard. We need to ensure that pros- lies. enforceable labor standards? Who bene- perity is shared more broadly so that I say especially to the Democrats fits from trade and investment policies the world economy is stabilized and that you ought to support this amend- that discourage rather than encourage that healthy and sustainable products ment. You ought to support this the right to organize? Not American are created for our exporters. When amendment because this is all about workers; not workers in the other people make 3 cents an hour and are the basic right of people to be able to countries; not the poor in other coun- poor, they cannot buy what we produce organize and to do better for them- tries. This is not win-win; this is lose- in our country. selves and their families. This is all lose. I am proud to associate myself with about being on the side of working peo- I will not cite a lot of statistics those who have been engaged in human ple. Do I not hear that the Democratic about the global economy, but for a rights work. I think I care more about Party is on the side of working people? moment I want to cite a few to point human rights issues than almost any I have an amendment that will give out to colleagues that many foreign other set of issues in my family back- Democrats, and I hope Republicans, an countries have not fared so well under ground. They have understood a basic opportunity to be on the side of work- this ‘‘Washington consensus trade and truth; it is this: That Americans can ing people. investment policy’’ of recent decades. never be indifferent to the cir- In conclusion, we have a choice. I More than 80 countries have per cap- cumstances of exploited and abused think the choice is really clear. We are ita income lower than they did in 1970, people in the far reaches of the globe. in a global economy. We are in an lower in 1999 than in 1978 by 200 million When the most basic human rights and international economy. The question poor people living in abject poverty. freedoms of others are infringed upon is, Are there going to be any new rules? Only 33 countries have achieved and or endangered, we are diminished by We live in a democracy. My father sustained 3-percent growth between our failure to speak out for human taught me more than anything else to 1980 and 1996, and in 59 countries the rights. love my country, and I love my coun- per capita GNP actually declined. When we embrace the cause of human try because we live in a democracy. I The number of poor continues to rights, we reaffirm one of the greatest get to speak on the floor of the Senate. grow throughout the world. traditions of American democracy, but Citizens get to speak up. We have a There are 100 million people in indus- we are not embracing the cause of voice. trialized countries living below the human rights with this trade bill. On the one hand, we have the current poverty line, and 35 million of them are There is another truth, and it is model of a business trade policy de- unemployed. reaching a larger and larger public. signed to serve mainly the interests of There are 1.3 billion people in the de- The well-being of our families, the multinational corporations, Wall veloping world earning less than $1 per well-being of ordinary wage earners in

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17047 the United States of America, depends their families all they thought was ization through the Senate Commerce to a considerable degree on the welfare right and all they had the courage to Committee with certain objections, of people who we have never met, peo- demand. They didn’t win everything, with a number of amendments that ple who live halfway across the planet. but a lot of their demands became the were seriously contested and closely di- Our fates are intertwined. law of the land and their collective ef- vided in that committee. We have now Some of my colleagues say the global forts made our country better. Their worked diligently with all concerned markets will take care of themselves; efforts amounted to an effort to civ- and I believe we are on the verge of a they cannot be tamed; there is nothing ilize a new national economy. bill that can come before this Senate we should do; this is laissez faire eco- So it is today, 100 years later. These and can be passed enthusiastically, and nomics at its best. amendments I will bring to the floor of I believe unanimously, by the Senate of I point my colleagues to the lessons the Senate reflect an effort on the part the United States. It is imperative that of our own economic history. As we de- of people in the United States of Amer- we do so quite promptly because while bate this piece of legislation on the ica and others throughout the world to the House has begun to focus attention floor of the Senate—and I will have an say, yes, we live in a new global econ- on the issue, time is very short before amendment that will deal with reli- omy, but just as 100 years ago men and the end of this Congress to actually ac- gious freedom, an amendment that women organized and had the courage complish the goals we seek in increas- deals with human rights; I will have an to make that new national economy ing pipeline safety. amendment that deals with exports work for them, we make a set of de- A dramatic and equally tragic inci- from China from forced prison labor; I mands. We bring a set of issues before dent during the course of the last will have an amendment that deals the Senate. We call for votes on amend- month with a national gas pipeline in with a right to organize in China; and ments which basically say that we need New Mexico has illustrated most re- I will have an amendment that deals to make sure that this new global grettably, once again, the essential na- with the right to organize in our own economy works for working people, ture of our improving pipeline safety country—let Members for a moment works for family farmers, works for the standards all across the United States. think about this debate in an historic environment, works for human rights. I am focused particularly on giving a context. I heard my colleague, Senator Mr. President, we want to make sure more significant voice in pipeline safe- BAUCUS, for whom I have great respect, we can civilize this new global econ- ty matters to the people who live in say this is a very important debate. omy so that it works for most of the the vicinity of these pipelines and Senator MOYNIHAN, who will retire— people. whose lives regrettably seem to be very and the Senate and our country will I ask unanimous consent that the much at risk with respect to either miss him—believes this is one of the next two Democratic speakers be Sen- negligence or oversight on the part of most important votes we will cast. I ator DORGAN and Senator TORRICELLI, those who own and operate these pipe- agree. I think this is one of the most and that Senator TORRICELLI’s state- lines. important debates that has taken place ment be considered a morning business Pipelines, both for natural gas and in the Senate. statement, after Senator GORTON for the transmission of liquid petro- I deal with a sense of history. One- speaks. leum products, are a vitally important hundred years ago, our country moved The PRESIDING OFFICER. Without part of our economy. In some respects, from an economy of local economic objection, it is so ordered. they are safer than other forms of The Senator from Washington. units to an industrialized economy. It Mr. GORTON. I ask unanimous con- transportation for these commodities. was a wrenching economic trans- sent to speak as in morning business. However, accidents are all too fre- formation, a major seismic change in The PRESIDING OFFICER. Without quent, and all too frequently those ac- our economy. We were moving toward objection, it is so ordered. cidents are devastating and fatal in na- a national, industrialized economy 100 ture. f years ago, at the beginning of the last The importance of passing this legis- century. PRIORITIES lation cannot be overemphasized. I am As that happened, there was a coali- Mr. GORTON. Mr. President, after a highly optimistic on this subject. I had tion—some of them were evangelical, refreshing though strenuous August re- an extensive discussion last evening some were populist, some were farmers, cess, we are now in the home stretch with the majority leader and have his some were women, some were working not only of this session of Congress but encouragement. I believe in the course people—that made a set of demands. of this Congress. of the next few days we will be able to The farmers said: We want antitrust The previous speaker discussed one of take up this bill. action because these big conglomerates the great national and international Regrettably, on another high na- are pushing us off the land or they priorities, normal trade relations with tional priority, I find myself frustrated were exploiting the consumers. They China on a permanent basis. I have sev- that we have not made a sufficient de- want a 40-hour workweek. We want the eral other priorities, both national and gree of progress. A number of days, right to organize. We want some pro- regional, that I will discuss, each of over a period of weeks and months, tections against exploiting children, which I think is vitally important for have been devoted in this body to a de- child labor. Women said: We want the the successful conclusion of this Con- bate on education policy and a renewal right to vote. We want direct election gress of the United States. of the Elementary and Secondary Edu- of the U.S. Senators. They made those At the very top of my list is pipeline cation Act. For all practical purposes, demands, and nobody thought they had safety. More than a year ago, a tragic that bill is being frustrated by ex- a chance. accident in Bellingham, WA, occurred tended discussion, led by the unalter- The Pinkertons killed anyone trying with a liquid pipeline. A huge explosion able opposition to providing more trust to organize a union. All too often that snuffed out the lives of three bright and confidence in our local school au- happened. The media was hostile to young people and destroyed a magnifi- thorities on the part of the Democratic this set of demands, by and large. Jour- cent and beautiful park. Ever since the leadership and the senior Senator from nalists followed this debate. I am not date of that accident, my colleague Massachusetts. bashing all journalists, but in general from the State of Washington and I An integral part of the bill, which is the media was not supportive. And be- have focused a great deal of attention still before this body and which has lieve it or not, money probably domi- on the renewal and the strengthening majority support, is Straight A’s. nated politics even more than it does of the Pipeline Safety Act and of the Straight A’s gives State school au- today. Office of Pipeline Safety, designed to thorities several options: One, to con- However, those women and men felt, enforce its restrictions. tinue under the present system. Two, as citizens of a democracy, they had We have succeeded in passing a rel- for a dozen or so States to combine a the right to demand for themselves and atively strong Pipeline Act reauthor- dozen or more present categorical aid

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17048 CONGRESSIONAL RECORD—SENATE September 6, 2000 programs into one system that comes scription drugs, that we have a system opportunity to put its money where its to the State, is passed through with at under which American pharmaceutical mouth is with a prohibition against its least 95 percent of the money to indi- companies—who benefit from very using any money in the appropriations vidual school districts on one under- large subsidies, both indirectly from bill for fiscal year 2001, not only for re- taking and one undertaking only, and the National Institutes of Health, and moving the dams but for any step or that undertaking is that each State directly through tax credits for the de- purpose on the road to removing those that would get this authority will sign velopment of prescription drugs—that dams. The debate over salmon recov- a contract pursuant to which there will when those companies charge Ameri- ery, a universal goal in the Pacific be an improvement in the skills of the cans twice as much or more than twice Northwest, will be far more construc- students over a 5-year period; that is to as much for those drugs as they charge, tive and far more productive when that say, by any objective measure that the for all practical purposes, almost any- particular view is taken off of the State uses, our kids will be better edu- one outside the United States, that agenda in its entirety. cated. something is absolutely wrong. Again, Finally, as the Senator responsible It is a dramatic change. It is a we have passed in this body at least a for the management of the Interior ap- change from process accountability, significant step in the direction of cor- propriations bill, we must, of course, the form of accountability we have at recting that injustice. I think it is very deal with the remaining fires across the present time—that is to say: Did important that the appropriations bill the United States in our forests and on you fill out the forms correctly?—to re- to which that important matter is at- our rangelands, and particularly again sults accountability: Are our children tached be passed and we make at least in the Northwest part of the United better educated? I am convinced and a a significant step, a genuine step for- States from which my State has not majority of this body is convinced that ward toward fair and nondiscrim- been entirely free but with which it has by providing more trust and confidence inatory treatment of all Americans in not been afflicted to the extent that in parents and teachers and principals the cost of the prescription drugs that Montana, Idaho, and certain other and school board members—the people are so important to their health. States have been. Whatever our con- On two other subjects, this body has who know our children’s names—that cerns about the causes of those fires, passed a bill attempting to ensure the the students’ education will improve. the expenditures that have been made reliability of our electrical trans- There is still time to pass such a bill. and are to be made in connection with mission system and the supply of elec- I regret the opposition even to a test, their suppression are a genuine emer- tricity to all the people of the United optional to each State, is so great it gency and will be included in the con- States. We have had unwarranted price seems unlikely that this vitally impor- hikes. We have had both the existence ference committee report on the Inte- tant education reform will be passed. rior Department bill as an emergency. Just last week I spoke to the junior and threat of brownouts in various parts of this country this year. That At the same time, due to the very hard and senior classes at Bridgeport High situation is only going to get worse work of my friend and colleague, the School, a rural school in Washington until we do something about it. A non- senior Senator from Idaho, there are State, a very small school, not more controversial but vitally important dramatic changes in fire prevention than 100 students and faculty com- electricity reliability bill has passed policies which will also be included in bined. They do not need more Federal this body. I urge my colleagues in the that bill that are vitally important to rules and regulations. They don’t need House of Representatives to do the see to it that we do not soon have a to be told they should use the newest same. repetition of the disastrous fires that Federal program to hire roughly half a Finally, on a regional issue, the great have consumed so many hundreds of teacher, which is what they get under issue in the Pacific Northwest is the thousands, even millions of acres of our that program. They need our trust and future of our hydroelectric dam system public and private lands during the confidence in the dedicated nature of on the Columbia and Snake Rivers, and course of this summer. those teachers and administrators and particularly the four dams on the lower Mr. President, that is an ambitious parents in that community, who know Snake River. Many in this administra- agenda, but I believe it to be a vitally better than we do here in Washington, tion have pursued the foolish goal of important agenda, not only for my own DC, what the students of Bridgeport, removing those dams in order, the ad- constituents but for the people of the WA, need. The same thing is true of ministration asserts, to save salmon. United States as a whole. 17,000 other school districts across the Nothing could be less cost effective as The PRESIDING OFFICER (Mr. United States. against the many absolutely first rate HUTCHINSON). Under the previous order, I also note present on the floor today programs that are going on in the Pa- the Senator from North Dakota is to be my distinguished friend and colleague cific Northwest directly to that end, recognized. from North Dakota. He and I are joined programs that not at all incidentally Mr. DORGAN. Mr. President, I ask in at least two other priorities with have been remarkably successful if we unanimous consent that the Senator which we are dealing this year. One is measure them by this year’s return of from New Jersey be recognized for 10 the opportunity to end unilateral boy- spring chinook salmon to the Columbia minutes, following which I will be rec- cotts against the export of food and River system. ognized. medicines from the United States. We The administration and the Vice The PRESIDING OFFICER. Without represent, I am convinced, a substan- President have blinked in this connec- objection, it is so ordered. The Senator tial majority of the Members of the tion, knowing the proposal is as un- from New Jersey. Senate, as well as the House of Rep- popular as it is absurd in the Pacific Mr. TORRICELLI. I thank my friend, resentatives. We have a termination to Northwest. One group in the adminis- the Senator from North Dakota, for his those boycotts in the Agriculture ap- tration said it would be off the table consideration. propriations bill that is now before our for 8 years. However, the chairman of f conference committee. I know he joins the White House Council on Environ- TELEVISED POLITICAL with me in believing that it is abso- mental Quality was cited in the course ADVERTISING lutely essential, and long overdue, that of the last month saying that morato- we end those agricultural boycotts at rium will only be for 3 years, and the Mr. TORRICELLI. Mr. President, I the present time and provide additional Vice President is not guaranteeing 3 want to address the Senate today on markets to American farmers and agri- years but just, ‘‘as long as it [the the question of the national elections cultural producers as at least one mod- present system] works.’’ My own view and the rising interest by the Amer- est step toward returning prosperity to is that that is until after the November ican people in campaign finance re- the agricultural sector of our economy. election. form. There is no better time to debate We are also joined in believing that So to the best of my ability to do so, the intricacies of how we are financing Americans are overcharged for pre- the administration will be given the and conducting national elections than

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17049 in the midst of the very contests them- $21 million from New Jersey Senate It is extraordinary, given this state selves. candidates, but these same television of affairs, that the principal force driv- Over the next 8 weeks, candidates for affiliates of the networks devoted an ing allegedly for campaign finance re- Federal office will spend more money average of only 13 seconds per night in form has been in the media. than at anytime in American history the final 2 weeks of the Senate cam- The networks reduced the amount of to attempt to persuade the American paign to actual news. news coverage, radically increased the people in the casting of their votes. This chart illustrates what was avail- cost of advertising, and then com- There is one simple, compelling reason able to the people of my State in plained about campaign financing. It is for this spiraling increase in campaign choosing a Senator. In New York, a an extraordinary state of affairs. expenditures, and that is the cost of CBS affiliate—this is in the final 2 Indeed, at this point, the television televised political advertising, the cost weeks of the campaign, only the last 14 networks have political advertising as of being on the national television net- days—devoted 10 seconds to coverage of the third most lucrative source of their works. news on the campaign. In Philadelphia, revenues—only behind the automobile This Congress has tangentially dealt one network gave an average of 1 sec- companies and retail advertisers. with some of the campaign finance ond per night to actual news about the Indeed, buying air time for political problems. It is obviously positive that campaign. ads is now 10 percent of the revenues of Congress tightened regulations for the It is, therefore, not unpredictable the television networks. Hence, it will disclosure of contributions for section that this would lead to candidates un- become clear why they may complain 527 organizations. It was a small vic- able to communicate with voters about the cost of political campaigns, tory. through the news spending exorbitant appropriately—because we all want re- We have, through the years, in- amounts of money in advertisements. form in this institution more than creased the number of votes in this in- Indeed, during the final 2 weeks of the they—but one can see why they are stitution, of which I am one, for com- New Jersey Senate primary, viewers in leading by complaint, not by example, prehensive reform as envisioned by Mr. Philadelphia and New York markets in doing anything about the costs. FEINGOLD and Mr. MCCAIN. But indeed, were 10 times more likely to receive a They are themselves living off of and even if both of these provisions were communication from a candidate profiting by the system. And it is ac- enacted, the pressure for increased ex- through a paid advertisement than celerating. penditures would not abate. With all of they were through an actual news In the last decade, the percentage of these reforms in place, the pressure to story. They were 10 times more likely, political ads as a portion of total rev- raise more money and spend more if they were watching the news, to see enue of the television networks has money would still dominate the sys- an ad rather than actually seeing a re- gone from 3 percent of all revenue in tem, which leads to the proposition port from a reporter on the campaign. political ads in 1992 to 9.2 percent this Paid advertisements have come to that to deal with the costs of adver- year and rising. dominate sources of information over tising on television, either this Con- During the last cycle, network broad- actual news reports in American polit- gress must go beyond the current de- casters accepted $531 million in polit- ical campaigns. ical advertising. This is a 33-percent in- bate on campaign finance reform or During the last Presidential primary others outside of the Congress must be- season, it was much the same. The typ- crease since 1996 and over a 110-percent come part of the solution. ical local television station aired less increase since a decade ago. It isn’t Ironically, the principal critique of than 1 minute of candidates discussing just that they are charging exorbitant the campaign finance system is coming issues each night. During the month money; it is rising in multiples every from the very people who are driving before the Super Tuesday primary on year. They are driving the cost of its costs—the television networks. A March 7, the national networks aired a American political campaigns. 30-second prime time advertisement in nightly average of 36 seconds. The peo- Candidates have been living, for the the New York City market now costs ple of the United States were choosing last 25 years, with the same $1,000 limit $50,000. In Chicago, the same advertise- their two nominees in the major na- in raising hard Federal dollars—$1,000 ment can cost more than $20,000. This tional primary, and for the preceding per American per election. But the net- is the heart of the problem. month the television networks devoted works are up 110 percent in how much The New York Times estimates the 36 seconds to discussing issues. Of the they are taking in, meaning that can- 2000 elections will cost $3 billion. This 22 televised Presidential debates held didates are spending more and more is a 50-percent increase over the 1996 during this year’s primary season, 2 time, going to more and more people, elections. And $600 million, or 20 per- were aired on network television. ABC, raising more and more money to com- cent of those expenditures, will be on CBS, and NBC reduced by two-thirds municate with the same voters. political advertisements on television. the amount of time that was then de- I do not know how we get this Con- This represents a 40-percent increase in voted to the national political conven- gress to enact campaign finance re- only 4 years. tions. form. I trust at some point it will hap- During the Presidential primaries, This is the source of some obvious pen. I do not know what else the Demo- both GORE and Bush spent 46 percent of changes in the American political cul- cratic Party can do. We have had 45 all of their campaign expenditures just ture. Not only is this collapse of news seats in the Senate for the last 2 years, on television ads, twice as much as any coverage leading candidates to raise and every single Democrat has voted other category of expenditures. The more money and buy more advertise- for campaign finance reform. evidence is overwhelming. What is ments, it is obviously changing how But even if we were to have suc- driving this increase in expenditures, the American people make their judg- ceeded in those votes, it would not hence requiring the raising of these ex- ments. have solved this problem. We would orbitant, even obscene, amounts of On average, since 1952, 22 percent of limit how much would be raised, per- money, is the cost of television adver- voters have said they decided how to haps, but we would not deal with these tising. It could not be clearer. vote based on their observation of po- expenditures. Ultimately, it is these Potentially the most expensive Sen- litical conventions. This is also in a expenditures that must be addressed. ate race in American history is going state of collapse. People made judg- As my friend, Senator MCCONNELL, to be the current Senate race in New ments on hard news, they made judg- stated many times on the floor of this Jersey. A study by the Alliance for ments on political conventions, they Senate, the Nation does not suffer from Better Campaigns focused on last watched for sources of news that were too much political debate. It probably June’s primary in my State. It came to unbiased or professional, and that is suffers from too little. If we lower the the following conclusions: being replaced by political advertise- amount that can be raised, and the net- Local television stations in New ments, not by choice but because there works keep raising the amount that is York and Philadelphia took in a record is no choice. required to be spent, all we are going

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17050 CONGRESSIONAL RECORD—SENATE September 6, 2000 to accomplish is less discussion of reasonable amount of free or reduced- This is not about Republicans and issues. If the networks were devoting rate advertising to candidates for Fed- Democrats. It is about a public policy more time to the impartial discussion eral office as a matter of law. But until area this country must address. If we of issues, debates, news coverage, con- we do, the networks, as a matter of don’t address it in a thoughtful way, ventions, it would be a good substitute public responsibility, need to evaluate we will not continue this kind of eco- for political advertising. But the how much time they are devoting to nomic opportunity and growth. amount of news coverage is collapsing political news so the American people Here is a chart that describes what is while the costs go up. are informed, recognizing that is the happening in trade. This is the mer- If we control the expenditures, the only way for democracy to reach sound chandise trade deficit for this country; net result will simply be this: The judgments, and to unilaterally meet that is, the trade in goods. I have not American people, making vital deci- their responsibility and reduce these included the trade in services, only the sions about the Nation’s future, with costs unless or until this Congress trade in merchandise goods. This is es- less and less and less information. takes action. I believe this is the heart sentially manufacturing. We elimi- The hypocrisy of this gets worse. It is of the campaign finance problem. nated the red ink in the budget. The not just that networks charge more Mr. President, I thank the Senator budget deficits are gone. But the trade money and have less news coverage. from North Dakota, once again, for al- deficits are going up, way up. This year For those of us who believe there lowing me the time. especially. In June, the monthly mer- should be a requirement for free or re- I yield the floor. chandise trade deficit increased to $36.8 duced-rate air time over the public air- The PRESIDING OFFICER. The Sen- billion. The deficit for the first half of waves, to reduce the need to raise this ator from North Dakota. this year was $216 billion. That means money, guess who is working against f that at the end of this year we will us. The very people who employ Mr. probably have a $430 billion merchan- TO AUTHORIZE EXTENSION OF Brokaw, Mr. Rather, and Mr. Jennings, dise trade deficit. We are buying from NONDISCRIMINATORY TREAT- who, every night, are complaining abroad $1.2 billion a day in goods more MENT TO THE PEOPLE’S REPUB- about the cost of political advertising. than we are selling abroad, and that LIC OF CHINA—MOTION TO PRO- Their employers are lobbying to stop can’t continue forever. the reforms. The National Association CEED—Continued With whom are these deficits? Well, of Broadcasters, the lobbying arm of Mr. DORGAN. Mr. President, am I for the first half of the year 2000, the the television networks, spent $2.8 mil- recognized for 30 minutes by previous merchandise deficit that we have with lion lobbying Congress in 1998. consent in postcloture debate? Mexico is nearly $12 billion; with Can- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ada, $22.6 billion and increasing dra- ator’s time has expired. ator has up to 1 hour. matically. With the European Union, it Mr. TORRICELLI. Mr. President, I Mr. DORGAN. Mr. President, some is a dramatic increase from $16 billion ask unanimous consent for an addi- long while ago I was at a meeting in for the first half of last year to $26 bil- tional 2 minutes. North Dakota, and I was talking about The PRESIDING OFFICER. Is there lion this year. With China, it has in- senior citizen issues and health care, objection? creased from $29 billion to $36 billion. Without objection, it is so ordered. and a range of things, and I used a sta- These are not yearly figures. These Mr. TORRICELLI. In the year 2000, tistic. I told the senior citizens who are 6-month figures, January through they have already spent $1.4 million. were at the meeting that there are two June. So this is equal to a $72 billion As the Washington Post reported on men for every woman over the age of 80 annual trade deficit with the country May 2, when it comes to helping solve in the United States. And an older fel- of China. With Japan, this is almost the political fundraising problem, the low rose from his chair and leaned for- unforgivable, year after year, forever, broadcasting industry ‘‘doesn’t see be- ward on his cane and said to me: Young we have had these huge budget deficits yond its own bottom line.’’ Exactly. man, that is one of the most useless with Japan. Now they are totaling They are for campaign finance re- statistics I have ever heard. nearly $80 billion a year. form, unless they have to make a con- I thought about that for a while. What is happening is wrong. I am not tribution. They are the principal com- There are a lot of useless statistics a classic ‘‘protectionist,’’ as the press ponent of this problem. Every person in used in all kinds of different venues. In would describe some of those involved this institution is spending time rais- this discussion about trade, there will in this debate. I believe we need to ex- ing money when they should be work- certainly be plenty of statistics used. pand international trade. I believe we ing on legislation—compromising pub- Perhaps plenty of them will be useless. ought to be open for competition and lic confidence in the Congress by rais- But I do want to talk about some trade be required to compete. But I also be- ing exorbitant amounts of money to statistics today because we are now de- lieve the trade ought to be fair; the feed the television networks that do bating the motion to proceed to the rules of trade ought to be fair. not meet their own responsibility in re- bill that would make normal trade re- Globalization attends to it some re- porting the news, no less in reducing lations with China permanent. quirement that we have global rules, the costs. I think there are a lot of wonderful not only global markets. This is everybody’s problem. The things going on in this country. All of What is happening here, with Japan principal burden of solving it is in this us should count our blessings that we and China and, yes, others, is they are Senate. I do not excuse that. The prin- live in a country that is doing so well. selling into our marketplace at a cipal burden is here. We should be re- The economy is growing, growing rap- record pace in a whole range of areas, quiring free or low-cost television. But idly; we have unprecedented economic yet we are not able to access opportu- it is not our problem alone. Everyone growth and opportunity. It is a great nities in their marketplace. I wonder in America can make a contribution to time. Unemployment is down, way how many Americans know what the this. And it begins with the networks. down. Inflation is down, way down. tariff would be on a pound of U.S. beef You have a public license. The air- Crime is down. Home ownership is up. that is shipped to Japan today? Do you waves of the United States belong to You could look at all of the data. want to ship a T-bone steak that comes the American people. In no other de- Productivity is up, up, way up. All of from a ranch in North Dakota to mocracy in the world does the cost ap- the data shows that this country is Tokyo? What do you think the tariff proach what we require for political doing very well. All of us need to be would be on a T-bone steak going to candidates to raise money to use the thankful for that. Tokyo? I will tell you what it is. It is public airwaves to communicate with But there are some storm clouds on over 40 percent, a tariff of over 40 per- our own constituents—sold at a profit. the horizon in one area, and that is in cent on American beef going into I believe this Senate should require the area of international trade. And we Japan. That is after we have nego- the FCC to have the networks offer a should not ignore them. tiated an agreement with Japan. That

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17051 shows the failure of our negotiations. A the current account gap hits its limit at 4.2 we will all claim credit for the respon- country that has an $80 billion trade percent of GDP, exactly where the U.S. finds sibility to begin solving these prob- surplus with us is allowed to have a itself today. . . . Confidence in our economy lems. During good times, it seems to greater than 40-percent tariff on Amer- could collapse before the rest of the world is me, is the opportunity to look down firmly back on its feet. ican beef going to them. Obviously, the road and see where the storm there is something fundamentally The point is there is something clouds develop and figure out how to wrong with the way we negotiate trade wrong here, and Congress cannot ig- respond to them. We must, it seems to agreements. nore it. That is why Senator STEVENS, me, decide that it is a significant issue We recently negotiated a trade agree- Senator BYRD, and I created in legisla- and it is in the interest of all citizens ment with China, a big, old country tion a trade deficit review commission. in this country that Congress begin to with 1.2 billion people. One can’t help It has finished its meetings and is now tackle this issue in a way that reduces but stand on the Great Wall of China developing recommendations to policy- these trade deficits, continues to ex- and look at those mountains, at the makers both in the administration and pand our trade opportunities, but puts country, and express wonder at who Congress, on how to deal with this us on a better footing with our trading they are and where they have been, issue. partners. their rich history, and what they will I have supported normal trade rela- Mr. DORGAN. Mr. President, I ask be tomorrow. What an interesting tions with China in the past. But, the unanimous consent that I may speak country. But we have a $72 billion mer- issue for me isn’t shall we make it per- as in morning business. chandise trade deficit with China. We manent or not. Shall we have NTR The PRESIDING OFFICER. Without just negotiated an agreement that is a with China? Of course, we should. The objection, it is so ordered. issue is: Are we going to do something bad agreement. Let’s take automobiles f as one example: China has 1.2 billion about these deficits? Does anybody SPRINTING TO THE FINISH potential drivers, as soon as they all think having a $72 billion deficit with reach driving age, and we want to sell China is normal? Is that a normal Mr. DORGAN. Mr. President, yester- American cars to some of them. So trade relationship? Of course, it is not. day I spoke briefly about the agenda here is what we said when we nego- It is abnormal. It is a perversion. How that confronts this Congress in the tiated the agreement: This is what we about Japan? Is this a normal trade re- next 5 weeks. This is literally a sprint will do. You have a $72 billion trade lationship, having an $80 billion deficit to the finish. Much of what we will dis- surplus with us, or we have a big def- with the country of Japan? That is not cuss and debate are the most impor- icit with you. So we will negotiate a bi- normal. It is abnormal. We, as a coun- tant issues people worry about and are lateral agreement with you where we try, need to understand and say to talking about around the supper table. will have a 2.5-percent tariff on any China and Japan and others, the Euro- They talk about the issues that affect Chinese automobiles you want to send pean Union, that we are all for ex- them every day: Are our kids going to to us, and we will have a 25-percent panded trade. We have been the leader good schools? Are we proud of the tariff on any automobiles we send into in expanding trade. But we are also schools we send our kids to? Do I have China. In other words, after the nego- going to be the leader in standing up a good job? Does it provide retirement tiation is done, we will agree that we for our economic interests and demand- benefits, insurance, security? Will will accept a tariff imposed by China ing that the rules of trade be fair rules. grandma and grandpa have adequate that is 10 times higher on U.S. auto- The first 25 years after the Second health care when they have serious mobiles than will be imposed by the World War we could compete with any- health problems? Is our neighborhood a United States on vehicles from China. body around the world with one hand safe one in which to live? Can we afford Ask somebody, how on Earth can tied behind our back. It was no prob- the prescription drugs that the doctor that happen? Was somebody drinking lem at all. That was when our trade prescribes and says we need to main- heavily while they negotiated? How policy was just flat out foreign policy. tain a healthy lifestyle and to control can one possibly agree to something The second 25 years, we have seen a disease we may have? that is that unfair? I could go on and tougher economic competitors. Coun- All of these things are the things on. It will serve no purpose, except to tries have developed with strong econo- that interest families who discuss what say that these numbers ought to dem- mies. They have become shrewd eco- their lives are like these days and how onstrate that while things are doing nomic competitors. Every one of these they can be improved. well in this country and while we are countries have a managed trade econ- I want to talk about the agenda and blessed with a wonderful economy, omy in which they say: We will not the issues with which we have to deal these storm clouds with respect to the allow what the United States allows. before this Congress adjourns. Before I trade imbalance need to be attended to. We will not ever allow the kind of run do, as a way of introducing that, let me We need better trade agreements, and up of a trade deficit that the United tell you about a television story that we need more attention to trade agree- States will allow. appeared on KFYR Television in Bis- ments that require elements of fair We do it because we don’t pay atten- marck, ND, about 2 to 3 weeks ago. trade between our country and Japan, tion to it. We have this philosophy that KFYR Television News did a piece between us and the Chinese, between us somehow it will all right itself at some about my Uncle Harold. My Uncle Har- and Europe, and between us and Can- point in the future. It will not right old, from Dickinson, ND, is now 80 ada. itself without action by the Congress years old, and he is a runner. There are Last month, The Wall Street Journal and the administration to say we are not very many 80-year-old runners, so had a piece ‘‘Will the Trade Gap Lower the leaders in free, expanded and fair the television news did a story about the Boom?’’ It notes that our trade gap trade, and we insist the rules of trade him. The story showed him running is now about 4.2 percent of our overall be fair. down the street, with the gold medals economy, and it goes on to say that: I come to the floor during this dis- he has won, and doing various things. A percentage that high would scare the cussion about China PNTR to say that Here is the story about my uncle. green eyeshades right off the analysts in there are other elements, in many About 6 or 7 years ago, he and my aunt many industrialized nations. ways bigger issues, to this trade debate went to the Prairie Rose Games in We don’t hear a whisper about it—not that we must be attentive to and we Fargo, ND, where they have events for here, not around the country, very sel- must do so soon. everybody in different age brackets. dom in the press. This is a very un- While there is a lot of good news— They decided to enter the bowling usual story. It also says: and we will hear a great deal of it dur- event because they bowl. Harold also But there is a disaster scenario that . . . ing the campaigns by Republicans and saw that they had races for people who gets more likely with each breath that fills Democrats, claiming credit for this, are 70 and above, so he decided to enter the trade deficit balloon. . . . On average, that, and the other thing—but I hope one at about age 71. He had never run

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17052 CONGRESSIONAL RECORD—SENATE September 6, 2000 before, but he decided to enter three things that mean so much to people’s elsewhere in the world for the identical races at the Prairie Rose Games, and lives. medicine. he won all three easily. He said, ‘‘You Let me talk for a minute about what These two bottles are slightly dif- know, I never knew I could run like we need to do and why. First of all, one ferent but they contain the same pill. that.’’ So he started running. He went of the advancements that allows people Both bottles are for a wonderful drug to Minnesota to run, and then to South to live longer and healthier lives is the called Zocor, which is used to lower Dakota, and Arizona. increase in the use of prescription cholesterol in patients. It is a medica- Pretty soon, Uncle Harold started drugs. There are so many illnesses and tion that a lot of people use. I com- specializing. Now he runs in the 400 diseases for which, 35 years ago when mend all those who did the research to meter and 800 meter events. So I have Medicare was developed by this Con- create these kind of drugs. But to those this uncle who just turned 80 running gress, there were no medicines. But who decided the prices that ought to be in races all over the country. He now now there are miracle drugs, prescrip- charged for these medications to var- has 45 gold medals. My aunt thinks he tion medicines. We have decided that it ious citizens around the world, I don’t has had a stroke. She thinks it is as is important to add a prescription drug say good job. goofy as the devil that this 80-year-old benefit to the Medicare program. Why? Let me describe what has happened. man is running. Yet he discovered he is Because being able to afford the right In both bottles are the same pill, in the fastest around in his age bracket. prescription drugs can allow people to the same dosage, made by the same He is going to try out for the Senior lead healthier lives and treat illnesses company, perhaps made in the same Olympics and go one more time. He and stay out of a hospital, which is manufacturing plant, approved by the took fifth out of 200-some runners the horribly expensive. It is, in the long FDA. Once the medicine is approved by last time. Now that he is 80 and at the run, a bargain for the American people the FDA, the FDA approves the manu- bottom of a new age bracket, he thinks to say let’s have a prescription drug facturing plants, and the company pro- he will get a gold medal in the Olym- benefit in the Medicare program. duces the drug for sale. This bottle pics. My uncle is a fisherman, so I Now, some say, well, we cannot af- they sent to Canada. They say to the don’t know whether this is true, but he ford it. The fact is that it will cost a Canadians: Do you want to buy some said he runs the 400 meter race in 79 lot more if we don’t have it. People will Zocor? It will lower your cholesterol. It seconds. I run a little as well. One of get sick and go to hospitals and it will is $1.82 per tablet. This other bottle they sent to Grand these days I will figure out whether I cost more. The issue of affordability Forks or Minot, ND, or anywhere else can run it in 79 seconds. applies more to senior citizens than to in the U.S. To Americans they say: Do I should mention one other thing the Government. The reason we need you want to buy some Zocor? Well, you about Uncle Harold. He also golfs, and this benefit is that too many senior will have to pay $3.82 per tablet. $1.82 he is the strangest golfer I have ever citizens know they need a medicine, and $3.82, why the difference? That is golfed with. I went golfing with my but they can’t afford to buy it. something we ought to ask the drug uncle a couple of years ago. He takes a A doctor in Dickinson, ND, testified companies. bag and only takes four or five clubs. at a hearing I held in Dickinson. He I have taken a group of senior citi- He hits the ball and, because he is al- said he prescribed a drug to a senior zens to Canada to a little drugstore in ways in training for the Senior Olym- citizen who had a mastectomy in order Emerson, Manitoba. I stood in that pics, he sprints on a dead run to the to treat her breast cancer. The doctor one-room pharmacy, and I saw the ball. It is a strange looking thing to said to his patient: This is the drug I prices charged there. I have seen the see a guy who was 78 years old at the am going to prescribe for you because prices charged for the same medica- time hit a ball and go on a dead run to it will reduce the chances of a recur- tions in North Dakota. I know the find out where it rested and then hit it rence of your cancer. She said: What drugstores on Main Streets in North again. In the meantime, my wife and I does it cost? He told her and she said: Dakota are not charging higher prices were driving a cart, and this 78-year- Doctor, I can’t afford to take that because they want to overcharge. They old man is sprinting on the golf course. drug. I will just have to take my are simply having to pay the drug com- I have since decided I should never chances. panies an inflated price far above that drive a cart when golfing with my At every hearing I have held, I have which is charged in Canada, England, uncle. heard testimony from people who say: Germany, Italy, France, and in vir- The point is, here is this 80-year-old We go to the back of the grocery store tually every other country in the world guy jogging 3 miles a day, getting where the pharmacy is first because we because the pharmaceutical manufac- ready to try to qualify to go again to have to buy our prescription drugs turers impose that charge on them. the National Senior Olympics. That is first; only then, will we know how This is not the fault of Main Street pretty remarkable when you think much money we have left over to buy drugstores. about it. Thirty years ago, that would food. Again, I ask the question—I have not have happened. Usually, when you Spending on prescription drugs in- asked this many times—is there any- are 80, you find a chair someplace and creased 16 percent last year in this one in the Senate who wants to stand relax. But these days people are living country. Sixteen percent. Some of that up and say: Count me in on supporting longer, healthier lives. My uncle, for is increased utilization and some is in- these prices; I really believe it is fair example, is training for the Olympics. creased prices. But too many senior and right to charge the American con- That is the result of a lot of things: citizens know they need a prescription sumer $3.82 for the exact same pill for lifestyle changes, nutrition changes, drug, and they can’t afford it. We need which a Canadian is charged $1.82? Is cultural changes, better health care, to do two things: put on pressure to there one Senator willing to say this? Medicare. A whole series of things are bring drug prices down and, No. 2, add There hasn’t been one in the last six happening in this country that are an affordable, universal, voluntary pre- weeks that I have asked this question. pretty remarkable. That really all re- scription drug benefit to the Medicare If there is not any Senator willing to lates to the agenda that we have in the program. stand up and say this, then will all of next 5 weeks in this Congress. Mr. President, with your permission, them join us to try to change this situ- Americans are living longer, living I want to show a couple of pill bottles. ation so that the American consumer better, at a time when we are so I ask unanimous consent to be allowed who needs to purchase prescription blessed in this country. We have an to do that. drugs receives a fair price? agenda in the Congress that will have The PRESIDING OFFICER. Without The amendment that we passed in an impact on people’s lives. Yes, for my objection, it is so ordered. the Senate is now in conference. I am uncle, but for everybody’s aunts, un- Mr. DORGAN. I will speak about the one of the conferees. What we are say- cles, brothers, and sisters—the agenda prices charged for prescription drugs in ing with this legislation is that phar- of health care and education and other this country versus the prices charged macists and drug wholesalers have the

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17053 same right to reimport prescription Or let me share another example. A caused by managed care companies treat- drugs into this country that the drug woman fell off a cliff in the Shen- ment decisions and delays. companies already have, provided that andoah mountains. She was hauled . . . In the name of patient protection the the imported medications are FDA-ap- into an emergency room unconscious Senate legislation appears to eliminate vir- tually any meaningful remedy for most proved and made in FDA-approved with broken bones. She was treated. working Americans and their families. plants. It is very simple. We need to do After a difficult period, she survived, ...A vehicle for protecting managed care that before this session of Congress and was then told by her managed care companies from various forms of legal liabil- ends. organization that they wouldn’t cover ity under current law. The prescription drug companies are her emergency room treatment be- Viewed in this light, the congressional pas- working overtime, of course, to kill cause she didn’t get prior approval. She sage of the Senate bill would be worse than this provision. They say the issue is was hauled in on a gurney unconscious, were Congress to enact no measure at all. safety. It is not. It is profits. That is but the managed care organization I raise this because this is not a Dem- what the issue is—profits, not safety. said: You did not get prior approval for ocrat being critical of a Republican These are pills made in FDA-approved emergency room treatment. proposal. It is a Republican Member of plants. These are medicines approved That is the kind of thing that is hap- Congress saying that the proposal by the FDA with a chain of custody pening all too often in this country. passed by the Senate was worthless, that can be traced from the manufac- Or, perhaps a better way to describe just worthless. turing plant to the drugstores. There is it is with the story of Ethan Bedrick, a This is not partisan criticism, it is no safety issue at all. young boy born with cerebral palsy re- Dr. GANSKE, a Republican Member of Adding a prescription drug benefit to sulting from a complicated delivery Congress, saying what the majority of the Medicare Program and enacting who was told that he had only a 50-per- the Senate claimed was a real Patients’ legislation that we passed on the floor cent chance of being able to walk by Bill of Rights was worthless. with the bipartisan support of Senator age 5. The managed care organization Now we could, and should, and I hope JEFFORDS, Senator GORTON, myself, denied him the therapy he needed be- will pass a real Patients’ Bill of Rights. and many others who have worked on cause they said a 50-percent chance of There is a commercial being run in a this are two things Congress must do a young boy being able to walk by age northeastern State on behalf of a Mem- before adjourning this year. 5 was insignificant. They considered it ber of the Senate who voted for our Pa- The other thing we need to do is pass insignificant that a young boy had a tients’ Bill of Rights, the Norwood-Din- a Patients’ Bill of Rights. 50-percent chance of being able to walk gell Patients’ Bill of Rights that was I want to talk a few minutes about with the right kind of therapy. passed on a bipartisan basis by the that today because we have Patients’ Is there a reason to question those House. A Member of the Senate who Bill of Rights legislation that is in con- who are making health care decisions voted for that—a Republican; there ference. in the sterile offices of managed care were only a very few—is running a What is the Patients’ Bill of Rights? organizations 1,000 miles away from commercial paid for by the Republican This legislation says let’s even up the where the doctor is seeing the patient Senatorial Campaign Committee that odds a little bit between people who are and describing the medical treatment says this Senator voted for a real Pa- sick and their insurance companies. that is necessary for the patient’s care? tients’ Bill of Rights—meaning ours. Let’s even up the odds a little bit. Yes. That is why I wanted to make this It is fascinating to me that we now In some cases what has been hap- point. have a circumstance where the Repub- We had a debate on patients’ care in pening is that a person’s medical care lican Campaign Committee is saying the Senate a while back. We lost by has become a function of their insur- that the Patients’ Bill of Rights we one vote, effectively, because there ance company’s profit. All too often proposed was the ‘‘real one.’’ We will were some Members missing. We may doctors are not the ones making the have more to say about that and have have turned the tide in the Senate decision about what kind of care is pro- a more aggressive debate about that in based on that vote, in which case the vided to a patient. It is an accountant the days ahead. Presiding Officer may very well have My expectation is that there will be in some insurance office thousands of broken the tie. But a substitute Pa- a tie vote when another vote occurs— miles away. tients’ Bill of Rights was offered by our Yesterday, I mentioned a young boy and it will happen again; we fully in- colleague, Senator NICKLES, when we in Nevada. I want to mention him offered the Patients’ Bill of Rights. tend it to happen again. Fortunately, again because it seems to me that he Dr. GREG GANSKE, a Republican Mem- we will have a Vice President to break illustrates, as with so many others, the ber of the U.S. House, wrote a letter to that tie. The Patients’ Bill of Rights problem. A young man named Chris- all of us about that substitute. In fact, issue is very important. topher Roe died October 12 last year. the local papers described the sub- Let me mention a couple of other His mother came to a hearing that stitute that the Senate passed as the issues, and then I will conclude. Senator REID and I co-chaired in Ne- Patients’ Bill of Rights. It was not a We also have a responsibility to deal vada. He died on October 12, 1999, on his Patients’ Bill of Rights. It was a ‘‘pa- with the farm crisis and we have not 16th birthday. The official cause of his tients’ bill of goods.’’ But the Senate done so very well. We have a farm bill death was leukemia. But his mother passed it, and the papers wrote exactly that doesn’t work. The Freedom to tells us that the real reason he died what those who supported it had hoped Farm bill does not work. It has been a was that his health care plan denied they would: The Senate passed a Pa- failure since it was enacted in 1996. The him the investigational chemotherapy tients’ Bill of Rights. promise was: Produce what you want; drug that he needed. He needed a shot, Dr. GANSKE, a Republican Member of we will sell it overseas and get rid of a chance, and the bureaucracy of the Congress, said this Senate legislation the farm program and things will be managed care organization never gave virtually eliminates any meaningful better off. him that chance. They just took for- remedy for most working Americans Since that time, prices have col- ever to get to that point. and their families against death and in- lapsed and family farmers have had an Christopher Roe died, and Chris- jury caused by HMOs. awful time trying to make ends meet. topher Roe’s mother came to our hear- That is not a Democrat speaking. In most cases, they are receiving far ing. She held up a large picture of That is a Republican Member of the less now in real terms than they re- Christopher. She wept as she told us U.S. House, Dr. GANSKE. ceived during the Great Depression for about her son who from his sickbed Let me describe the legal analysis he their product. These are not people looked up at her, and said, ‘‘Mom, I sent around to every Member of the who are slothful. These are not people just don’t understand how they could Senate: who aren’t being productive. They are do this to a kid?’’ Good question? . . . The measure would appear to undo economic all-stars. They produce in Christopher died. State law remedies for medical injuries prodigious quantity the food the world

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17054 CONGRESSIONAL RECORD—SENATE September 6, 2000 needs so desperately. Yet the market modeling. If anyone doubts that, take a Mr. GRAMS. Mr. President, what is says: By the way, your food has no trip to the Ojibwa school on the Turtle the order of business pending before value. Mountain Indian Reservation or the the Senate? While people climb trees to pick Cannon Ball Elementary School, south The PRESIDING OFFICER. The Sen- leaves to eat in countries around the of Bismarck, ND. Take a look at those ate is debating the motion to proceed world where there is not enough food, schools and ask yourself whether those on the permanent normal trade rela- family farmers driving a 2-ton truck to schools need help. tions with China. a country elevator are told by the The third grader who walks through Mr. GRAMS. Mr. President, I would grain trader: Your food has no value. the classroom door in the Cannon Ball like to talk about my support for H.R. Something is wrong with that. What School ought to be able to expect the 4444, but I just want to respond briefly really has no value is the current farm same opportunity for a good education to one comment of the Senator from program. It doesn’t work. It is long as all kids in this country. Yet these North Dakota, Mr. DORGAN. I think he past time to fix it. We are within three children don’t have the same oppor- was bragging a little bit, maybe, about or four votes of doing that. I encourage tunity. We know that. Yet legislation his uncle who is 80 years old and run- help from the other side to give us the to improve and modernize our schools ning in a marathon. I just congratulate votes needed to pass a farm program languish in this Senate because some him. How great that our senior citi- that provides real assistance for family people don’t believe it is important, or zens, because of the advances of medi- farmers. some people believe they cannot do it cine, can do that. I have a friend retir- While we are on the subject of free- because if they did, somebody would ing at the age of 65. He wanted to retire dom, those who wrote the Freedom to declare victory for a public policy that to spend more time playing golf with Farm bill—I didn’t, and I voted against makes sense. his dad. Another is an uncle who was 85 it—should understand there is some- Let’s declare victory for a little com- last year who got his first hole-in-one, thing called the freedom to sell. The mon sense in all of these areas: Edu- Ray Sandey. I just wanted to put that freedom to sell means if you want to cation, health care, agriculture. There into the RECORD and congratulate give family farmers the freedom to are so many areas. The agenda in this them on their achievements. produce whatever, let’s also give them Congress is the agenda we establish. If Mrs. LINCOLN. Mr. President, I wish the freedom to sell their products in we are a Congress of underachievers, to comment on the comments of my markets such as Iran, Iraq, Cuba, that is our fault, not something we two colleagues who have spoken about North Korea, and others that have been blame on anybody else. the important issues facing our aging off limits to them because this country I wish I were in the majority here, populations in this Nation. They both has imposed economic sanctions but I am not. The majority establishes commented on the 83-year-olds and the against countries whose behavior we a schedule; we don’t. I accept that. We 84-year-olds. I think I have them beat. don’t like. I am fine with economic have a right, and insist on the right, My husband’s grandmother will turn sanctions. Slap them with sanctions. between now and the 5 weeks when this 103 on the last day of this month. But don’t ever include food as a part of Congress wraps up its business, to try So the issues for the elderly in Ar- those sanctions. Using food as a weap- to bring to the floor of the Senate once kansas are extremely important to us, on is unbecoming to this country. A again a real Patients’ Bill of Rights a No. 1 priority, and something I hope country as big and as good and as pow- and have another vote. We have a right we will address in the context of a pre- erful and as important as this country to try to push these policies to get scription drug piece for the elderly, as ought never use food as a weapon. them done. We have a right to try to well as reauthorizing the Older Ameri- The freedom to sell is a pretty impor- push education policies that we think cans Act, not to mention the impor- tant principle which we ought to care a will enhance and improve education in tance of solidifying and preserving So- bit about. There is an amendment that this country. We have a right to try to cial Security and Medicare. I put in the appropriations bill now in push policies that say we want to add a f conference, and I know there are a cou- prescription drug benefit to the Medi- ple of House leaders who are intending care program. We have a right to insist TO AUTHORIZE EXTENSION OF to try to kill that as we get to con- that the American consumer pay prices NONDISCRIMINATORY TREAT- ference. I am hoping with the bipar- for prescription drugs that are fair— MENT TO THE PEOPLE’S REPUB- tisan support we received in the Senate not the highest prices of anyone in the LIC OF CHINA—MOTION TO PRO- that we will prevail on this issue. entire world. CEED—Continued Finally, one of the other important We have a right to address all of Mr. GRAMS. Mr. President, I rise in issues we face as we wrap up this Con- those issues, and we should. There is strong support of H.R. 4444, which gress is trying to do something to time. It is just a matter of will. Will grants permanent normal trade rela- strengthen the education system in our the Members of the Senate who do the tions—PNTR—to China. We should country. We have the opportunity to do scheduling, who plan the agenda, ex- have passed this in early June, and I that. It is just that we have all of this hibit the will to do what is right in the deeply regret the delay and hope we bickering back and forth. We have final 5 weeks and pass this kind of leg- can expedite the House bill without things that we know need to be done. islation? amendments. Everybody here understands that if As I said when I started, when people I believe this is a no brainer. China you are in a classroom of 15 people, sit down at the dinner table and talk negotiated a WTO accession agreement there is more learning going on than if about their lives, they are talking with the United States—an agreement there is a classroom with 1 teacher and about things that matter to them. All in which China has committed to im- 30 kids. Class size matters. We have of the things I have talked about are prove market access for most U.S. proposals to reduce class size which things that matter to them: Are our products and services to China. In ex- will dramatically improve education. kids going to good schools? Do grandpa change, the one thing we are required We also understand you cannot learn and grandma have the opportunity to to grant them is PNTR—the same in schools that are in functional dis- get decent health care when they are treatment all WTO members afford repair. No wonder there is disrepair in sick? Are the neighborhoods safe? Do I each other. the schools. They were built 50 or 60 have a decent job? Does it pay well? The U.S.-China WTO agreement is a years ago, after World War II, when we Does it have security? All of those are good one. China has made commit- had soldiers coming back, having fami- things that are important to the Amer- ments in nearly every sector of our lies, and building schools for their chil- ican people. All of those are things economy—agriculture, goods and serv- dren all across the country. Many of they should expect this Congress to ad- ices. Strong enforcement measures these schools are still in use today and dress in the coming 5 weeks. were included which allow us to not are in desperate need of repair and re- I yield the floor. only continue use of our strong trade

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17055 remedy laws, but China has agreed to tination, up from 22nd in 1993. We are sults, but I believe it will produce some allow us to use a tougher safeguard now exporting 25 product groups com- short-term positive results. And the standard than our current ‘‘201’’ law pared to 21 in 1993. There are many best benefit will be the longer term and continued use of tougher anti- farmers and workers who will benefit prospects. It is important to continue dumping laws. This will help us enforce from the projected growth in agri- building commercial relationships for the agreement and generally allow us culture and infrastructure project sales the future in order to reap those to use very tough trade remedy laws to in China. longer-term benefits. If we are not address dumping and import surges. Overall, America’s farmers will pros- there early on, we may miss out on im- U.S. competitiveness will also be pro- per with an end to corn export sub- portant future gains. As China develops tected since China has dropped its re- sidies, increased corn and wheat and more of its citizens improve their quirement that U.S. companies trans- quotas, reduced tariffs from an average earning power, they will demand more fer technology in order to export or in- of 31 percent to 14 percent with greater food products, goods and services. vest in China. Exports to China will no decreases on soybeans, beef, pork, poul- PNTR will allow U.S. firms the oppor- longer require Chinese components or try, cheese, and ice cream. For exam- tunity to compete for their business. performance requirements. China will ple, my home State of Minnesota is the I would now like to address some of allow competition through imports for third largest soybean producer in the the concerns of our labor union friends the first time. U.S. exporters can sell courtry, and China is the largest who believe PNTR will result in huge directly rather than using a govern- growth market for soybean products. job losses in the U.S. That is curious to ment distribution system. It has made Minnesota is the fourth largest feed me since the U.S.-China WTO accession commitments on intellectual property corn producer, and the tariff-rate quota agreement is one sided. Union leaders enforcement as well. for corn will expand by 2004. China con- cite an Economic Policy Institute— For the first time, China will be sub- sumes more pork than any other coun- EPI—study alleging at least 872,091 ject to the multilateral trade dis- try and will lower its pork tariffs and jobs will be lost between 1999 and 2010, ciplines of the WTO. Any WTO member accept USDA certification. This is a but the EPI study assumes every Chi- can enter into the dispute settlement huge boon for Minnesota pork pro- nese import displaces domestic produc- process with China if China does not ducers. Cheese tariffs will be reduced tion. However, a CATO analysis shows live up to any of its bilateral commit- from 50 percent to 12 percent, which most of our imports from China sub- ments. We can still use our trade rem- will benefit Minnesota dairy farmers. stitute for imports from other coun- edy laws against China if necessary, Potato product tariffs will also be cut tries or are inputs used in the U.S. to and the Administration has tripled re- in half benefiting Minnesota’s potato produce final U.S. products. If a rising sources to monitor and enforce the farmers and processors. Vegetable pro- trade deficit causes job losses, why are U.S.-China WTO accession agreement. ducers will see their tariffs drop up to our unemployment rates the lowest Some may say this week that we can 60 percent by 2004. And fertilizer and they have been in 30 years? continue our annual Jackson-Vanik re- all ag products can now be distributed The Institute for International Eco- view of China and still receive the ben- without going through a Chinese mid- nomics also indicates that most of the efits of the U.S.-China agreement—or dleman. growth of the U.S.-China trade imbal- they will say the 1979 U.S.-China Bilat- Tariff reductions will help other Min- ance is due to China taking market eral Agreement will provide the same nesota workers export more in the share from other East Asian economies benefits as the 1999 agreement. They areas of ag equipment, forest products, rather than from U.S. producers. will claim we need the annual review medical equipment, scientific, and The bilateral agreement includes to achieve progress on human rights, measuring instruments, computers, greater protections against unfair im- nuclear proliferation and other areas of pumps, machinery of all kinds and en- ports than we currently have and it differences we have with China. How- vironmental technology equipment. will eliminate many Chinese practices ever, virtually none of the concessions PNTR will open markets for our bank- that have helped it stimulate its own achieved in the 1999 agreement are cov- ing, insurance, telecommunications exports as well as forcing many U.S. ered in the 1979 agreement. And we will and software services. In fact, the Coa- companies to invest in China. Any not receive the benefits under the 1999 lition of Service Industries states: ‘‘giant sucking sound’’ we may have agreement if we do not grant China It will enable U.S. service industries to seen in the past will be reversed under PNTR. The annual review is not re- begin to operate in one of the world’s most sponsible for the progress we have important—and until now, most restricted— the U.S.-China WTO agreement. China made in China—so it is time to end it. markets in the world. will be forced to abandon many of its Let’s examine what PNTR will mean Minnesota’s largest exports to China policies which did force or encourage to U.S. farmers and workers. A Gold- now are industrial machinery, com- U.S. companies to invest there. The man Sachs estimate indicates U.S. ex- puters, and food products. And exports agreement will grow U.S. jobs by al- ports to China will increase by $14 bil- from small- and medium-sized busi- lowing us to export more of our prod- lion per year by 2005. In 1998, U.S. ex- nesses will expand. Right now Min- ucts from the U.S. rather than selling ports to China exceeded $14 billion, nesota exports 55 percent of its total through U.S. investments in China. which supported over 200,000 high-wage exports to China from small and me- Union leaders also speculate that American jobs. Therefore, exports will dium businesses. Crystal Fresh, Amer- U.S. companies want to shift produc- more than quadruple by 2005—and the ican Medical Systems, Inc., Image tion to China to take advantage of potential is enormous as China con- Sensing Systems, Inc., Minnesota Wire labor rates ‘‘as low as 13 cents an tinues to grow in the future. USDA & Cable, ADC Telecommunications, hour.’’ The average production worker projects China will account for over Brustuen International, and Auto Tech wage at U.S. companies in China is $4 one-third of the growth in U.S. ag ex- International are among Minnesota’s an hour and $9.25 for higher skilled ports in the next ten years. It will smaller companies with success stories workers. The World Bank indicates av- spend over $750 billion for new infra- to tell. Their China markets are ex- erage Chinese wages grew by 343 per- structure projects. panding, and the 1999 agreement will cent between 1987 and 1997, mainly due Since the benefits for Minnesota my only increase their potential. Of course to China’s engagement with other home state are particularly important we have long-time exporters such as countries. I believe approving PNTR to me, I want to use that as a ref- Honeywell, 3M, Cargill, Pillsbury, Land and allowing more trade with China erence, but I think it represents other O’Lakes, and many others who will be would continue the trend toward high- States and their opportunities as well. able to expand their exports to China er wages for Chinese workers. Minnesota’s exports to China in 1998 as well. A group of 12 academicians recently tripled the 1996 volume. China is now You have heard that the 1999 agree- commented on China’s low wages and Minnesota’s 12th largest export des- ment will not produce overnight re- stated that PNTR would help improve

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17056 CONGRESSIONAL RECORD—SENATE September 6, 2000 China’s labor standards. They dis- could be done several years ago . . . don’t let WTO membership will privatize more cussed China’s poverty as the main rea- the friendship become cool (U.S.-China). of China’s economy and import more son for low wages and often poor work- Many of the Chinese people are longing for western ideas about management and ing conditions. They concluded child knowledge, techniques and culture from civil society which they see as a threat western countries, especially U.S. labor often is necessary to help fami- to those who want to ensure the lon- lies survive. They believe China’s entry An employee of another American gevity of the one-party Communist into the WTO will help it enforce and firm in China stated: state. improve its own laws, and that oppos- . . . when our local company merged two The U.S. should be part of this, years ago, my salary was increased five or ing PNTR undermines China’s efforts six times . . . through the granting of PNTR. While to improve its labor rights. They con- China will become a member of the Another worker said: cluded by stating: WTO with or without us, I would cer- After I joined the company, my family’s tainly prefer the U.S. have a part in Whoever may benefit from a sanctions ap- life and living standard improved, I have proach to trade with China, it will certainly some deposit in the bank and bought a new using our improved trade relationship not be Chinese workers or their children. apartment which is big enough for my fam- as a way to make progress on our dif- You will also hear claims that the ily. ferences with China. U.S. is being flooded with products You will hear a lot during this debate Many human rights activists support made by Chinese forced labor. Both our about how we are pandering to U.S. China PNTR. Former political prisoner trade laws and the WTO prohibit companies who want to trade with Fu Shenqi says: forced-labor imports, and the U.S. Cus- China, ignoring all of our concerns I unquestionably support the (view that toms Service vigorously enforces our with China. However, as noted pre- NTR and the human rights question be sepa- law. viously, there are many examples of rated because) the annual argument over Union leaders also talk about PNTR how American companies are helping NTR renewal exerts no genuine pressure on as a reward to China, yet it is hard to the Chinese communists and performs abso- Chinese citizens improve their lives, lutely no role in compelling them to improve see how the bilateral agreements nego- and as China privatizes more of its the human rights situation . . . tiated by China to enter the WTO are a state-owned industries, the new owners The China Democracy Party, founded reward. Many, many concessions were will look to our companies as an exam- two years ago, issued a statement in- made, and those commitments are ple of how to succeed. I strongly be- cluding: binding and will be vigorously enforced lieve American companies care about bilaterally and through the WTO. their employees and that they do not . . . We declare hereby to support the Un- I hope union members, who will ben- conditional PNTR to China by the U.S. gov- invest abroad to exploit local workers ernment. efit from the U.S.-China WTO agree- and ruin the environment. I believe ment, will listen to their elder states- American companies help bring about Zhou Yang, Executive director of the man Leonard Woodcock, who stated re- positive changes in China and other na- China Democracy and Freedom Alli- cently: tions, and the exposure to Western ance, states: I have been startled by organized labor’s ideals and values they bring to China Granting PNTR to China is a positive force vociferous negative reaction to this agree- includes a better work experience for in promoting China’s recognition of world ment . . . in this instance, I think our labor human rights and in improving the human those they hire. In fact, American com- rights situation of the Chinese people. leaders have got it wrong. . . . American panies are taking their responsibility labor has a tremendous interest in China’s seriously by setting up programs in Noted Chinese human rights activist trading on fair terms with the U.S. The their Chinese subsidiaries addressing Bao Tong was more direct, saying: agreement we signed with China this past ‘‘Pass permanent normal trade rela- November marks the largest single step ever issues from fair labor practices and en- vironmental standards to community tions with China . . .’’ and adding, taken toward achieving that goal. ‘‘But in the U.S., the ‘Seattle coalition In my State of Minnesota, Governor involvement. For those concerned about human . . . have combined their lobbying fire- Jesse Ventura, in his March testimony power to oppose the move (PNTR). before the Ways and Means Committee, rights, I again ask why they believe human rights would be aided by iso- From here in China, their intellectual also sent union leaders a message. The counterparts are looking on in dismay Governor said: lating ourselves from China. Maintain- ing relationships with the Chinese peo- . . . it doesn’t make sense to use trade They (unions) better modernize themselves ple through trade and other contact I as a lever. It just doesn’t work.’’ There and realize that opening up China to our are many others with similar advice. trade is going to create more jobs here.... believe is the best way to help the Chi- nese people help themselves. They are Included in the definition of human I have spoken to union members and the ones who will promote changes rights is religious persecution. While others who are also concerned about from within that will improve their religious leaders remain concerned labor and environmental practices in lives. Even Martin Lee, the Chairman about the recent report from the U.S. China. While China, as a developing of the Democratic Party of Hong Kong, International Religious Freedom Com- country, has a way to go on these who has long fought for human rights mission, which points out China has a issues, they certainly have made some in China, recently stated: long way to go toward religious free- progress as well. And I am proud that The participation of China in the WTO dom, they point to progress as well. A American companies investing in would not only have economic and political letter signed by 13 religious organiza- China have created better jobs, higher benefits, but would also serve to bolster tions concluded: wages and better working conditions those in China who understand that the Change will not occur overnight in China. and have begun to serve as a model for country must embrace the rule of law. Nor can it be imposed from outside. Rather, their Chinese counterparts. Many U.S. The Dalai Lama, also long critical of change will occur gradually, and it will be companies have ‘‘best practices’’ of en- China’s human rights practices, espe- inspired and shaped by the aspirations, cul- vironmental, health, and safety stand- cially in Tibet, states: ture and history of the Chinese people. We on the outside can help advance religious free- ards which provide good job opportuni- Joining the World Trade Organization, I ties for many Chinese citizens. Hous- dom and human rights best through policies think, is one way (for China) to change in of normal trade, exchange and engagement ing, meals, insurance, and medical care the right direction . . . I think it is a posi- for the mutual benefit of peoples of faith, are often included in their employ- tive development. scholars, workers and businesses. Enacting ment. Some believe granting PNTR will permanent normal trade relations with Here is what a Chinese employee of help promote hardliners in China’s China is the next, most important legislative one American company in Shanghai leadership. However, a Washington step that Congress can take to help in this stated: Post story earlier this year noted that process. I, a common girl, with no power and no China analysts have found hardliners, As you know, the House has attached money, could hardly imagine all these things including PLA officials, worrying that a Commission on China to PNTR,

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17057 which would monitor human rights The PRESIDING OFFICER (Mr. China, including lower tariffs and in- progress with an annual report. It BURNS). The Senator from Arkansas. creased trade. For instance, under its would set a U.S. objective to work to Mrs. LINCOLN. Mr. President, I, too, WTO accession agreement, China will create a WTO mechanism to measure am here to speak on the issue of per- cut tariffs on rice to 1 percent. Also, compliance, and requires an annual manent normal trade relations with China is already the second leading USTR report on the PRC’s compliance China. market for U.S. poultry exports. If with the 1999 agreement and also au- In order to be successful in today’s Congress approves PNTR status, it will thorizes additional staff to monitor global economy, every industry must cut tariffs in half from 20 percent to 10 China’s compliance. It also includes market its products overseas. And in percent by the year 2004 for frozen sense-of-the-Congress language that order for the United States to continue poultry cuts. China and Taiwan should enter the the unprecedented economic growth we In addition to the agricultural WTO at the same time. have seen during the last few years, we changes, China’s tariffs on American The bottom line is PNTR is easy. must adopt policies that open inter- industrial goods will fall from an aver- China had to do all the heavy lifting. national markets for farmers, small age of about 25 percent to less than 10 We gave up noting in these negotia- businesses, manufacturers and service percent within 5 years. Industries in- tions, and PNTR doesn’t force us to industries. cluding telecommunications, banking, give up anything. I urge my colleagues On November 15 of last year, our insurance, reinsurance, and pensions to oppose all amendments offered in an Government successfully negotiated an will all gain expanded market access. attempt to either slow down or kill historic trade agreement with the Peo- In information technology, tariffs on PNTR. While the amendments point ple’s Republic of China that will bring products such as computers, semi- out problem areas we have with China, China into the World Trade Organiza- conductors and all Internet-related these matters should be, and are, ad- tion. The potential impact of this ar- equipment will decrease from an aver- dressed separately in high-level con- rangement cannot be overstated. China age of 13 percent to zero by the year tact between our two countries. I ad- is home to one-fifth of the world’s pop- 2005. dress them as well in contact I have ulation and is growing by 7 percent In exchange, the U.S. gives up noth- with Chinese officials. each year. Access to China’s enormous ing; our trade policies remain the Particularly, I urge you to oppose population will help sustain American same. The economic reasons make so the Thompson-Torricelli amendment. economic growth. much sense and are themselves a very While I will have a much longer state- But before the United States and Ar- powerful reason for passage of PNTR. ment once that amendment is offered, I kansas can reap the full benefits of this But the opportunity we have as a na- will only say now that this amendment agreement, Congress must vote to tion to make an impact on the human- in any form will drive a wedge through grant China Permanent Normal Trade ity of China only exists if we are en- our efforts to improve our relationship Relations status. The WTO requires gaged with the country and its people. with China. It will foster a relationship that its members extend normal trade We cannot build a relationship that is of mistrust that will not help us im- relations to all other members. effective if we turn our backs on China prove China’s proliferation record or There is a lot at stake depending on and isolate them. its record on any other differences. The whether or not the United States Is China a perfect country? No. amendment is counterproductive. The grants PNTR to China. Since February, I too share the concerns about amendment will not accomplish its I have been urging the Senate leader- human rights abuses in China and be- goal of reducing proliferation, and it ship to bring this issue up for a vote as lieve that a greater international pres- will create hostility between our coun- soon as possible. I had hoped that we ence in the country, fostered by free tries. As Henry Kissinger stated: would approve this legislation prior to trade, will help to improve the lives of If hostility to China were to become a per- the August recess, but nevertheless, I Chinese workers and citizens. WTO manent aspect of our foreign policy, we am anxious to finish work on this bill membership will strengthen the forces would find no allies. Nationalism would ac- celerate throughout the region. Just as as soon as possible and get it on the of reform inside China by exposing the American prestige grew with the opening to President’s desk for signature. There Chinese to better paying jobs, and China, most Asian nations would blame are so many things at stake. We must higher labor and environmental stand- America for generating an unwanted cold not lose this opportunity. ards. war with Beijing. China will join the WTO regardless of Finally, permanent normal trade re- This amendment will force us on the the congressional decision on PNTR, so lations with China will force the Chi- path of a cold war most of us never a decision to deny this new status to nese to play by the rules in the inter- want to see again. Also, there have China will only give China license to national marketplace. been so many drafts of this amend- keep its markets closed to U.S. serv- Only under this agreement with their ment, I am not sure any of us will real- ices and agriculture, and to keep its accession into the WTO will we have ly know what we are voting on. An high tariffs in place on U.S. goods and the proper recourse to be able to ques- amendment as controversial as this services while opening it up to all tion their practices. one deserves to go through the usual other WTO members. The WTO’s dispute settlement sys- congressional committee process, and All sectors of our economy, espe- tem will force China to explain its ac- not be offered in a highly politicized cially agriculture, will benefit from in- tions if other member countries ques- matter on the Senate floor. creased trade with China. Likewise, all tion them. In addition, the WTO’s There has been progress with China sectors of our economy will suffer if we trade policy review mechanism will and proliferation, human rights and don’t trade with China. Chinese acces- allow all other members to review a other issues. Let’s work with China to- sion into the WTO could mean $2 bil- country’s entire trade system. This ward further progress—and use the lion more a year in national agricul- type of scrutiny of China is virtually laws we already have, if necessary, to tural exports to China by the year 2005. unprecedented in history. address lack of progress. Above all, On U.S. priority agricultural prod- If we do not approve PNTR status for let’s not use trade as a weapon. Let’s ucts, tariffs will drop from an average China, the missed opportunities will be pass PNTR to provide our workers and of 31 percent to 14 percent. China will tremendous, not to mention the devas- farmers the benefits of the U.S.-China also expand access for bulk agricul- tation it could have on our strong WTO agreement. This should be one of tural products, permit private trade in economy today. Our producers and in- the easiest trade votes we will ever these products, and eliminate export dustries will not be in a position to take. Let’s vote on H.R. 4444 without subsidies. In my home State of Arkan- openly access the 1.3 billion people who amendment now—this week—not 2 sas, rice, poultry, soybean and cotton live in China. The United States will weeks from now. producers will stand to reap enormous not have the ability to challenge Chi- Mr. President, I yield the floor. benefits from opening markets with na’s trade practices or demand better

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17058 CONGRESSIONAL RECORD—SENATE September 6, 2000 human rights practices. In short, the that trade will lead to greater openness The push for PNTR legislation is one United States stands to gain enor- and therefore greater civil and polit- of the most expensive lobbying cam- mously if we grant PNTR status to ical rights in China. paigns in history. Business interests China, and we stand to lose enormously The list of abuses committed by the are pitted against labor unions, as they if we do not. Chinese government is so lengthy, so make PAC and soft money contribu- Certainly once China does enter the encompassing, as to be numbing. Thou- tions, and wage huge lobbying cam- WTO, there will still be many chal- sands of political prisoners remain in paigns on television and in the halls of lenges ahead for all of us, but congres- prison—many sentenced after unfair Congress. So before we go any further sional approval of PNTR for China is a trials or no trial at all. Torture is regu- with this legislation, I would like to critical first step. It means so much to larly used to extract ‘‘confessions’’ Call the Bankroll on the PNTR issue, this Nation and to my home State of from detainees. Authorities continue to give my colleagues and the public an Arkansas. We must take this first step to use the brutal laogai system of ‘‘re- idea of the spending spree that has in passage of a good, clean PNTR bill education through labor’’ to detain dis- gone on to lobby us on this bill. in the Senate. Having China in the sidents and others deemed dangerous Labor unions have donated heavily to WTO is a good deal for Arkansas and a to this paranoid state. Religious free- the parties as they have fought against good deal for this Nation. dom does not exist in China; from glob- Permanent Normal Trade Relations I encourage my colleagues to approve al faiths like Catholicism to more ob- with China. The Center for Responsive the House-passed bill granting perma- scure sects, the leadership in Beijing Politics estimates labor’s overall soft nent normal trading relations with has sought to force its will and its money, PAC and individual contribu- China—soon, not later—and that we agenda on spirituality. Nowhere is this tions at roughly $31 million so far in send it to the President to be con- more egregious than in Tibet, where this election cycle in a May 24th re- firmed so we can continue building a thousands of monks and nuns still are port. In particular, the AFL–CIO and relationship which will benefit both arbitrarily detained, where something its affiliates, which have campaigned countries. termed ‘‘patriotic education’’ is forced hard against PNTR, have given $60,000 I yield the floor and suggest the ab- on Tibetans at their monasteries, in soft money through the first 15 sence of a quorum. where individuals have been arrested months of this election cycle. The PRESIDING OFFICER. The and sentenced to imprisonment for ac- And then there’s the other side of the clerk will call the roll. tivities such as displaying the banned debate. On the side of PNTR we find The assistant legislative clerk pro- Tibetan flag, where an entire culture is corporate America, which, according to ceeded to call the roll. at risk. And forced abortion and forced a New York Times report, engaged in Mr. FEINGOLD. Mr. President, I ask sterilization are realities in the PRC. its ‘‘costliest legislative campaign unanimous consent that the order for The Chinese government has waged a ever’’ to win this fight—including an $8 the quorum call be rescinded. campaign to destroy all sources of dis- million advertising campaign. The The PRESIDING OFFICER. Without sent. Leading members of the China ‘‘costliest legislative campaign ever’’ objection, it is so ordered. Democracy Party have been sentenced by corporate America—now that’s say- Mr. FEINGOLD. I rise today, Mr. to lengthy prison terms for ‘‘conspiring ing something. President, to express my opposition to to subvert state power.’’ Activists in As we know, corporations typically granting permanent normal trade rela- Xinjiang have been the target of a cam- spend the most in the political money tions to the People’s Republic of China. paign of arrests, substandard trials, game, and often win as a result. And it The recent history of U.S.-China re- and executions. Leaders of laborers and lations has been a study in self-delu- looks like PNTR will be no exception, peasants daring to call for worker’s Mr. President. sion. The administration and this Con- rights are detained. Expression, in vir- For example, take the Business gress do not lack for evidence or infor- tually all of its forms, is restricted. Roundtable, a well-known business co- mation about the nature of the Chinese The government of China has zealously alition eager to get this bill passed. government. But I am afraid the siren launched into a campaign to monitor The Center for Responsive Politics’ song of vast Chinese markets has deaf- and control content on the internet. May 24th report put the collective con- ened too many ears to the news of op- According to Human Rights Watch, tributions of Business Roundtable pression and abuse inside China. Too ‘‘last fall, local newspapers and maga- members at $58 million in soft money, often, the U.S. has chosen to ignore the zines were put under Communist Party PAC money and individual contribu- realities before us and, as in this trade control. And the State Press and Publi- tions so far in the election cycle. And debate, has engaged in political and in- cations Administration banned foreign that is in addition to the Roundtable’s tellectual contortions to compartmen- investment in wholesale book publica- $10 million dollar advertising campaign talize and seal off a host of important tion and distribution, and limited the to push PNTR, according to the Center. issues so that the promise of vast prof- right to distribute textbooks, political its can stand alone and unencumbered. documents, and the writing of China’s Business Roundtable members are But I urge my colleagues to remem- leaders to a handful of enterprises.’’ corporations like Boeing, Philip Mor- ber today—the mythological sirens’ My colleagues, this is the state that ris, UPS and Citigroup. These are song served to lure sailors onto the seems so promising to the supporters of heavy hitters who regularly write rocks that crushed their ships. And re- PNTR. This is the China with which we checks to the political parties for fusing to look at the whole picture of are urged to engage. This is to be our $50,000, $100,000, even a quarter million U.S.-China relations in the single- full partner. dollars. These companies have to ante minded pursuit of trade is, I submit, That very abbreviated list of abuses up to stay in the game, Mr. President— both foolish and dangerous. I fear that sounds awfully bad, doesn’t it? But the PNTR is a high stakes game, and the this country will find its policy in Administration’s material on PNTR ante is bigger than ever. shambles unless we force ourselves to sounds so good. It is full of promises I will quickly run down the soft see the facts before us. and optimism. How, I wonder, do they money contributions of these compa- The fact is that China continues to imagine getting from here to there—to nies, Mr. President. These are huge be one of the most oppressive states in that promised land in which our rela- numbers, and they are just through the the world. tionship with China is all about good first 15 months of this election cycle: The State Department acknowledges news and profits? Boeing has given more than $465,000 in that the human rights situation in I would suggest that the influence of soft money through the first 15 months China has deteriorated over the past money in politics goes a long way to- of the election cycle, including 10 con- year—a year in which the U.S. has ex- ward explaining the peculiar nature of tributions of $25,000 or more. tended normal trade relations with this debate and U.S. policy toward UPS, its subsidiaries and executives China, casting doubt on the claims China more broadly. have given more than $960,000 in soft

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17059 money through March 31st of the cur- markets. But I for one, as a Senator ently, we are all simply supposed to rent cycle. That includes two contribu- from a very important agriculture follow the music. tions of a quarter million dollars. state, am not convinced that those I argue that to compartmentalize our Citigroup, its subsidiaries and execu- claims are more than just empty prom- national values is to cordon off our na- tives gave more than one million dol- ises. China’s Vice Minister of Trade has tional identity, to subordinate what we lars in soft money through the first 15 already noted publicly that market- stand for so completely that it no months of this election cycle, includ- opening promises for U.S. wheat ex- longer affects how we behave. That is ing six contributions of $50,000 or more. porters are only a theoretical oppor- dangerous. I think it is an abdication And of course who could forget Philip tunity—not an actual one. The fact is of the responsibility I accepted when I Morris, Mr. President? Long known as that China’s promises to import more took this office. the granddaddy of political donors, agricultural products conflict with in- So apart from the question—and it is Philip Morris and its subsidiaries have ternal Chinese political and cultural a good question, a question not an- given more than $1.2 million in soft dynamics—dynamics that are affected swered nearly so easily as the Adminis- money through March 31st of the elec- by longstanding fears about depend- tration would like—of whether or not a tion cycle, including more than eight ence on foreign food and by employ- significant number of Americans will donations of $100,000 or more. ment-creation imperatives. China has reap economic benefits from PNTR for Since I’ve mentioned Philip Morris’ produced a glut of agricultural goods China—and apart from legitimate ques- contributions here, let me take a mo- for years. Beijing now has massive tions grounded in the historical record ment to discuss the impact of contribu- stockpiles and a three-to-one ratio of about whether or not China will stick tions of large multinational corpora- exports to imports. Chinese prices will to its trade-related commitments— tions with many legislative interests. likely continue to be lower than Amer- apart from these issues, we are debat- Some might argue that is unfair to ican ones for years. I am not convinced ing whether or not to draw a sharp, im- mention Philip Morris in this calling of that there is a big pay-off in store for penetrable division between one of our the bankroll because its main interest American agriculture. interests—economic gain—and what we is tobacco legislation. Ask Wisconsin’s ginseng growers believe and who we are. That is the That is exactly the beauty of soft about the Chinese commitment to rule- question that has been evaded in the money contributions from the point of governed trade. They will tell you that mountains of pro-PNTR literature and view of the corporate donor. They buy the Chinese have continued to mislabel the countless pro-PNTR briefings that access for the company that makes their ginseng as ‘‘Wisconsin-grown gin- have become a fixture on Capitol Hill them. They aren’t payment for a par- seng.’’ As a result of this misleading in recent months. I cannot support ticular piece of legislation. No, they practice, the price paid to actual such a division. I will not abdicate my are more powerful than that because American ginseng farmers has steadily responsibilities in the hopes of avoid- they are so large, and so sought after declined. Recent press reports even ing tough choices and decisions. I can- by the parties. They further the inter- suggest that the Chinese are now not support this bill. ests of that company on all pieces of smuggling ginseng containing dan- I yield the floor, and I suggest the ab- legislation. There can be no doubt that gerously high levels of harmful pes- sence of a quorum. Philip Morris has an interest in PNTR. ticides and chemicals into U.S.—again The PRESIDING OFFICER. The China is a huge untapped market for inaccurately labeled as Wisconsin gin- clerk will call the roll. cigarettes. So Philip Morris’s soft seng. The bill clerk proceeded to call the money contributions open the doors for I concede, Mr. President, that profits roll. its lobbyists on this issue, just as they are within the reach of some. And I Mr. HOLLINGS. Mr. President, I ask open the doors for its anti-tobacco con- recognize that the business community unanimous consent that the order for trol arguments. is responsible to its shareholders. Seek- the quorum call be rescinded. Everyone knows that PNTR is the ing profitable opportunities is their The PRESIDING OFFICER (Mr. very top legislative priority for the very purpose, and there is nothing SMITH of New Hampshire). Without ob- business community in this country. wrong with that. But this Senate is re- jection, it is so ordered. There is absolutely no dispute about sponsible to all of the citizens of the Mr. HOLLINGS. Mr. President, in that. The lobbying effort has been ex- United States, to the core values of making opening comments relative to traordinary. And Philip Morris’s legis- this country, and to future generations permanent normal trade relations with lative and lobbying muscle, supported of Americans. And the United States of China, I feel compelled to sort of qual- by their huge campaign contributions, America does not stand only for profit. ify as a witness in that we have over have been put at the service of that Even if I were convinced that Perma- the years in these particular debates priority, as well as of its own par- nent Normal Trade relations with about international trade made very ticular interest in tobacco legislation. China and Beijing’s accession to the little progress, whether with Demo- Mr. President, corporations such as WTO would bring significant new eco- cratic administrations or Republican Philip Morris, and the other members nomic opportunities to a large number administrations. of the Business Roundtable pay to of Americans—and I am not convinced My rising in opposition and my play—they get visibility in the debate, of this fact—I still believe it is my re- amendments will be to the thrust of and they get their voices heard loud sponsibility to weigh that factor not having permanent and not having and clear. The shape of the PNTR de- against others—including the fact that normal trade relations with anybody bate so far is exactly what we should the Chinese government’s human because our normal trade relations are expect from a campaign finance system rights record is unquestionably appall- a $350 billion to $400 billion trade def- that is rigged to value money above all ing. I still believe that certain eco- icit which is destroying the middle else. nomic gains are not worth their moral class in our society, weakening our de- So it is clear that some people do price. I still believe that the prosperity mocracy, and diminishing our influ- stand to gain from PNTR and China’s we all seek for our great country ence in world affairs. With all of the accession to the World Trade Organiza- should never be a prosperity that also pep talk about the wonderful economy, tion. But I think that camp has vastly brings shame. we are actually, on this particular overstated its case. These forces, which But de-linking trade from human score, in tremendous decline. have paid to pipe the siren song into rights and prohibiting an annual de- I say ‘‘as a witness’’ in a sense be- the halls of the Senate for months now, bate on this issue suggests that I do cause I can remember when southern claim, for example, that America’s not have the right to weigh these fac- Governors started computing. People farmers will benefit greatly from tors, that I cannot consider the total- up in New Hampshire and other places PNTR for China. They wave impressive ity of U.S.-Chinese bilateral relations say that they are from down south and graphs, they promise access to vast when matters of trade arise. Appar- that they are blind protectionists; they

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17060 CONGRESSIONAL RECORD—SENATE September 6, 2000 do not understand the importance of THE PUBLIC DEBT TO THE PENNY It is Alice in Wonderland. It is double manufacturing and international trade talk. They are not talking sense with and exports. So I hearken back to the Amount relation to what is actually going on. day when I represented the northern 9/01/2000 ...... $5,676,516,679,692.56 Everybody says we are paying down Prior months: textile industry from New Hampshire 8/31/2000 ...... 5,677,822,307,077.83 the debt. But they are for all of these as well as the southern textile indus- 7/31/2000 ...... 5,658,807,449,906.68 taxes. Whether it is middle class, or try. I appeared before the old Inter- 6/30/2000 ...... 5,685,938,087,296.66 5/31/2000 ...... 5,647,169,888,532.25 targeted, or estate, or gasoline, or cap- national Tariff Commission. Who ran 4/28/2000 ...... 5,685,108,228,594.76 ital gains, or marriage penalty, any of me around the room? None other than 3/31/2000 ...... 5,773,391,634,682.91 2/29/2000 ...... 5,735,333,348,132.58 those tax cuts under present cir- Tom Dewey. This was back in 1960. The 1/31/2000 ...... 5,711,285,168,951.46 cumstances obviously amount to an in- subject was textiles—that 10 percent of 12/31/1999 ...... 5,776,091,314,225.33 11/30/1999 ...... 5,693,600,157,029.08 crease in debt. They talk about surplus the American consumption of textiles 10/29/1999 ...... 5,679,726,662,904.06 that doesn’t exist, and they talk about in clothing was represented in imports, Prior fiscal years: 9/30/1999 ...... 5,656,270,901,615.43 paying down the debt as they regularly and if this continued at the pace that 9/30/1998 ...... 5,526,193,008,897.62 increase it. They don’t mention waste. it was going, before long we would be 9/30/1997 ...... 5,413,146,011,397.34 As a result of this charade, interest 9/30/1996 ...... 5,224,810,939,135.73 out of business. 9/29/1995 ...... 4,973,982,900,709.39 costs have gone up to $366 billion for By the way, they told me at that par- 9/30/1994 ...... 4,692,749,910,013.32 this fiscal year. I remember when we 9/30/1993 ...... 4,411,488,883,139.38 ticular hearing: Governor, what do you 9/30/1992 ...... 4,064,620,655,521.66 balanced the budget in 1968 and 1969 expect? For those emerging Third 9/30/1991 ...... 3,665,303,351,697.03 under President Lyndon Johnson. The 9/28/1990 ...... 3,233,313,451,777.25 World countries in the Pacific rim and 9/29/1989 ...... 2,857,430,960,187.32 interest cost on the national debt was everywhere else, what do you expect 9/30/1988 ...... 2,602,337,712,041.16 less than $1 trillion; the interest cost 9/30/1987 ...... 2,350,276,890,953.00 them to make? Let them make the was only $16 billion. That was the cost shoes and the clothing, and we will Source: Bureau of the Public Debt. of all the wars from the Revolution, to make the computers and the airplanes. Mr. HOLLINGS. Mr. President, that the Civil War, the Spanish-American Fast forward 40 years: They are mak- shows that the debt has increased $20 War, World War I, World War II, Korea, ing the shoes. They are making the billion—no surplus. They don’t want to Vietnam. We had a debt of less than $1 clothing. They are making the air- say where they get the surplus from. I trillion and they had interest costs of planes and they are making the com- can tell you where they get the surplus only $16 billion. Now we are up to $5.7 puters. They are making all of it. Actu- from. We had an increased measure of trillion, with $1 billion a day being ally, we have high tech. I want to get taxation over the years. When we had spent. Wait until the whopping pay- into that in a minute. High tech—they the 1983 Social Security settlement, we ment is made in September. think that is saving us. We have a def- wanted it to increase to build up a I ask unanimous consent to have icit in the balance of trade with the trust fund to take care of the baby printed in the RECORD the interest ex- People’s Republic of China in high boomers in the next generation—which pense as of this minute. technology. is now. In 1992, the Social Security sur- There being no objection, the mate- This Congress doesn’t have any idea plus was $50 billion; now the Social Se- rial was ordered to be printed in the where we are on this particular score. curity surplus is $150 billion. RECORD, as follows: Everybody is outside talking about the Over the last 8 years—because of new economy. True it is, we are all INTEREST EXPENSE ON THE PUBLIC DEBT what we did back in 1983—we have an OUTSTANDING proud of that new economy, particu- additional $100 billion surplus, if you larly on this side of the aisle. They The monthly Interest Expense represents please, for the Social Security trust the interest expense on the Public Debt Out- were afraid to say they raised the So- fund. We voted it here—section 13–301 standing as of each month end. The interest cial Security tax in 1993 when Clinton of the Budget Act—that you shall not expense on the Public Debt includes interest came into office. But I wasn’t afraid. I use Social Security surpluses in your for Treasury notes and bonds; foreign and do- brought it in line with all other pen- mestic series certificates of indebtedness, budgets. Section 12 of the Greenspan sion plans. We are afraid to say we notes and bonds; Savings Bonds; as well as commission said it should be set aside. raised gasoline taxes. But we did. We Government Account Series (GAS), State It took us from 1983 until 1990 in order cut spending $250 billion. The taxes and Local Government series (SLGs), and that were supposed to be $250 billion to get that done, but we finally got it other special purpose securities. Amortized discount or premium on bills, notes and are now up to $370 billion. Then we cut done. Ninety-eight Senators voted for it. Almost all the Members of the bonds is also included in interest expense. some taxes very minimally. We re- The fiscal year Interest Expense represents duced the size of government by some House voted for it. It was signed into law on November 5, 1990, by President the total interest expense on the Public Debt 377,000 Federal employees. Outstanding for a given fiscal year. This in- They have the new economy. But the George Bush. cludes the months of October through Sep- new economy has a private side and a But all of them are running around tember. public side. The private side is doing saying we are going to save Social Se- extremely well. High employment, low curity while they are spending it with INTEREST EXPENSE—FISCAL YEAR 2000 all kinds of monkeyshine plans—invest unemployment, low interest rates, Amount booming economy, booming stock mar- a little, invest a lot, do this, or do that ket, strong bank system—but the pub- to save Social Security. They set up July ...... $19,332,594,012.00 the straw man in violation of the law— June ...... 75,884,057,388.85 lic side is almost a disaster. I say that May ...... 26,802,350,934.54 advisedly. The reason I say it is so the policy of the Greenspan commis- April ...... 19,878,902,328.72 sion and talking about surpluses when March ...... 20,889,017,596.95 that, for one thing, they are talking February ...... 20,778,646,308.19 surplus, surplus. Everywhere, someone there is not any surplus. The debt is in- January ...... 19,689,955,250.71 creasing. If there is a surplus, why has December ...... 73,267,794,917.58 cries ‘‘surplus.’’ November ...... 25,690,033,589.51 The public debt to the penny accord- the debt increased $20 billion? With all October ...... 19,373,192,333.69 the wonderful income tax from which ing to the U.S. Treasury Department Fiscal Year Total ...... 321,586,544,660.74 shows that, as of September 1, the debt we had revenues on April 15, with all the good corporate tax revenues in is $5.676 trillion. At the beginning of AVAILABLE HISTORICAL DATA—FISCAL YEAR END the fiscal year of September 30, 1999, it June, we are still increasing the debt was $5.656 trillion. some $20 billion. Amount I ask unanimous consent to have this All of them say tax cut, tax cut, but 1999 ...... $353,511,471,722.87 printed in the RECORD. if you cut the estate taxes, you have 1998 ...... 363,823,722,920.26 There being no objection, the mate- increased the debt. All tax cuts are in- 1997 ...... 355,795,834,214.66 1996 ...... 343,955,076,695.15 rial was ordered to be printed in the creasing the debt. They are all saying 1995 ...... 332,413,555,030.62 RECORD, as follows: pay down the debt, pay down the debt. 1994 ...... 296,277,764,246.26

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17061 AVAILABLE HISTORICAL DATA—FISCAL YEAR END— I have been in public service 50 years. think if you lost a job you are going Continued I have been debating this issue in all out and buying a $2,000 or $3,000 com- five textile bills that passed here. Four puter? ‘‘It’s the economy, stupid.’’ Amount of them passed the House also and were That is where we are. You just can’t 1993 ...... 292,502,219,484.25 vetoed by Presidents over the years. understand we are here, when they 1992 ...... 292,361,073,070.74 1991 ...... 286,021,921,181.04 When we come to trade and think it is a productivity thing on jobs: 1990 ...... 264,852,544,615.90 globalization, I think it behooves me Productivity, productivity, produc- 1989 ...... 240,863,231,535.71 1988 ...... 214,145,028,847.73 not to talk about permanent, not to tivity—We have global competition. talk about normal, but use this oppor- The U.S. industrial worker was the Mr. HOLLINGS. It is $321 billion tunity to sober up the Congress and the most productive industrial worker in without the August and September leadership of the United States, mak- the world, all during the 60s, all during payments. When we get those par- ing them realize that we are in a real the 1970s, all during the 1980s, all dur- ticular payments, it will go up, up, and competition, but not for profit. That is, ing the 1990s, and is today still the away. And that is under low interest the American multinational. They most productive industrial worker. rate circumstances. could care less. They don’t have a They are not the highest paid. They We have the worst waste of all. I country. Boeing came out the other pay much more in Germany and a served on the Grace Commission under day and said in the United States, we bunch of other countries—and I will President Reagan. We were going to are not a U.S. company but an inter- have a word to say about that, where cut out waste, fraud, and abuse. Now national company. Caterpillar has been the rich are getting richer and the poor we have caused the greatest waste of holding in Illinois. But they were inter- are getting poorer and the middle class all. national. They think it is fine. The is disappearing. But the point is, we After President Clinton early this Chamber of Commerce has forgotten are losing our manufacturing strength year made the State of the Union Ad- about Main Street America and gone and capability. We are losing our econ- dress, the comment was made by the with the multinationals. NAM and the omy. distinguished majority leader that it Business Roundtable—we are in the America’s security and strength is was costing $1 billion a minute. The hands of the Philistines. We are losing like a three-legged stool. You have the President talked for 90 minutes; that is our manufacturing base because we one leg which is the values of a nation, $90 billion. Governor Bush wants to don’t understand that the global com- and that is unquestioned. We commit give a $90 billion tax cut. We could give petition is not for profit but for jobs for freedom in Somalia and down in President Clinton $90 billion in spend- and market share. Haiti, Bosnia, Kosovo. There are nine ing. We could give Governor Bush $90 Let me talk a minute about jobs. At peacekeeping missions currently and billion in tax cuts and still have $170 the fall of the wall, 4 billion workers we are adding four more around the billion left for all the increases to the came from behind the Iron Curtain, world. People admire the United States Department of Health, for class size re- ready to work for anything, anywhere, of America and its high principles and duction and school construction and at any time. In the last 10 years, with values. any and every kind of research at NIH computerization and satellites, you can The second leg is one of the military, that we wanted. transfer your technology on a com- and that is unquestioned. The point is, we are spending the puter chip, you can transfer your fi- But the third leg is a fraud—inten- money and we are not getting anything nancing by satellite. You can produce tionally so. You see, after World War II for it and we don’t talk about it on the anything anywhere that you please. we had the only industry, so with the campaign trail. What do they avoid That is the global competition and Marshall Plan, that really started talking about? The $350 to $400 bil- international trade. globalization. We not only sent the lion—and it will probably be nearly While our American producers for the money, we sent the technology and the $400 billion—deficit in the balance of so-called profit want to manufacture, expertise—and capitalism has defeated trade. The economists say that costs us say, in the People’s Republic of China, communism. In the People’s Republic at least 1 percent on our GNP. Instead for 10 percent of the labor costs than it of China, which is the present subject, of 4.1, we would have 5.1, and more jobs. is paying in the United States, we have they are tending more every day to- This is ignoring the failure of the been losing, losing, losing. In manufac- wards capitalism. That is a wonderful United States to compete in inter- turing, they say 30 percent of volume is thing. national trade. I emphasize that for a in the cost of labor. Or you can save 20 The question is, Can we afford to give reason, for those who say we are blind percent of your volume by moving the away the store? We have sacrificed and protectionists, that we don’t under- manufacturer of your product offshore sacrificed so that now Boeing of Se- stand the global economy, the global or down to Mexico. Simply put, you attle, WA is moving production of air- competition and do not want to com- can maintain your executive and your planes—the most prominent of export pete and want to start a trade war. No. sales force here but put your manufac- industries—out of the country. Why do 1, we have been in a trade war and we turing elsewhere. If you have $500 mil- you think the machinists at Boeing led have been losing. They don’t under- lion in sales, at 20 percent, before the strike not to break up in Seattle stand that. No. 2, on globalization, I taxes, you can save $100 million. Or you last December? That was a crowd that don’t want to sound like the Vice can continue to work your own people came out of Oregon, if I remember cor- President, but I helped invent it 40 and go broke because your competition rectly, the Ruckus Society, or some- years ago. I went as a young Governor is headed that way. That is the job pol- thing like that. But the AFL–CIO to Europe. I have that Deutsche icy of the U.S. Congress today. It is to march, at that WTO meeting in Seattle Telekom bill that they talked about in accelerate the exodus and the export of in December was led by the Boeing ma- the paper the other day. The truth is, I jobs. chinists. Why? Because 70 percent of called on the Germans in Frankfurt. I will never forget when they told us the Boeing 777—McDonnell 90–10 is Today we have 116 German industries that NAFTA was going to create 200,000 made overseas. In order to sell the Boe- in the little State of South Carolina. I jobs. I just looked at the figure from ing plane in the People’s Republic of will never forget calling on Michelin in the Bureau of Labor Statistics. It is China, according to Bill Greider, 50 per- downtown Paris in June of 1960 with more than just that 38,700 figure, but in cent of the Boeing 777 is made in down- 11,600 Michelin employees. We have textiles alone we have lost 38,700 jobs town Shanghai. Hoffman-LaRoche from Switzerland. since NAFTA; in North Carolina, 90,000. So we are losing the best, the best of And Honda broke ground a few years I will never forget when they came the jobs. We know about jobs. We know ago. I was amazed to hear that Honda down to Charlotte and said they want- about globalization. We are looking at produced and exported more vehicles ed to talk about the digital divide. this constant drain, so to speak, over than General Motors. They are the ones dividing it. You the 50-year period. At the end of World

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17062 CONGRESSIONAL RECORD—SENATE September 6, 2000 War II we had 41 percent of our work- to save us. That is not going to save us know the word ‘‘trade’’ itself. ‘‘Free force in manufacturing. Last month, at all. Advances in technology has trade’’ is an oxymoron, but they hope we lost another 69,000 manufacturing spurred productivity. We all acknowl- there will be no barriers, no tariffs, no jobs. Go to the Department of Com- edge that. The Japanese, after all, are limitations. merce—ask them. the ones that taught us that with their As we shout for free trade, the same So we have gone from 41 percent advances in robotics in the early 80’s. thing we shout for is world peace. I do down to 12 percent. Akio Morita, the The BMW plant in Spartanburg, SC has not believe we are going to get either former head of Sony said: Wait a been able to incorporate cutting edge one in my lifetime. Maybe in Strom’s. minute, that world power that loses its technology and machinery. That is The fact of the matter is, the father of manufacturing capacity ceases to be a why over half the employees came off this country said the best way to pre- world power. That is why we stand op- the farms within 50 miles and the other serve the peace is to prepare for war. posed to permanent normal trade rela- little textile industries and have been The best way to get free trade is to tions with China. able to produce very efficiently. The compete, raise the barriers and then re- I know full well—I live in the real quality of the Spartanburg plant ex- move them. The Chinese do that. They world—we are going to have trade with ceeds the quality of Munich BMW. As a use their market. China. I am not opposed to trade with result, BMW is doubling the size of its Some come to the floor and talk at China. I am opposed to permanent, nor- operations at the Spartanburg plant. length with respect to how the agree- mal. When I say ‘‘permanent,’’ that is Open your eyes. The most productive ment is so good and it will not do this exactly what these CEOs of the For- automobile plant in the world, accord- and it will not do that. I will touch on tune 500 companies want. Because they ing to J.D. Power, is not in Detroit, it one thing this afternoon because I am know if they go over and invest in is down in Mexico—the Ford plant. We limited in my time. My colleagues will China and it has been permanent, they know about productivity and we know remember, they said there would not can come back appealing, ‘‘Don’t about jobs. While we lost 69,000 manu- be any more forced technology trans- change anything,’’ and they can get a facturing jobs this August, we took on fers. That is what Qualcomm thought foothold there and they can really some 127,000 service jobs. We are going when it invested in China. Ambassador make a wonderful profit. But, of just the way of England. Barshefsky, the Special Trade Rep- course, that puts us more and more in At the end of the war, they told the resentative, said: jeopardy because we cannot shout Brits: Don’t worry; instead of a nation The rules put an absolute end to forced ‘‘productivity’’ to the most productive of brawn, this will be a nation of technology transfers. industrial worker while at the same brains; and instead of producing prod- This was November of last year after time saddling him with all the pen- ucts, we will provide services. Instead they had the agreement. I have an arti- alties. of creating wealth, we will handle it cle from the Wall Street Journal with What are the penalties? What are the and be a financial seller. And England regard to ‘‘Qualcomm learns from its costs of productivity? We, the Congress has gone to hell in an economic hand mistake in China’’: of the United States, say: Before you basket. Even Land Rover is leaving U.S. mobile phone maker listens to Bei- open up the XYZ manufacturing com- there now, and there is some question jing’s call for local production. pany you have to have a minimum with the BMW plant there. This is dated June 7 of this year. The wage, Social Security, Medicare, Med- I am not anti-British. I love the Ambassador is telling us the agreement icaid, clean air, clean water, safe work- Brits. But London has become a down- does one thing, but the reality is quite ing place, safe machinery, plant clos- town amusement park. I like to go another. Qualcomm, trusting it would ing notice, parental leave. We might there like everybody else. What I am not have to transfer, has to have local add on prescription drugs. Everybody is talking about here is economic production before it can sell. So it is for prescription drugs. That is the cost strength. The British Army is not as with all of these other industries. of doing business. big as our Marine Corps. We are run- I am not anti-Chinese. I am anti this You can go down to Mexico for none ning around here puffing and blowing policy. I have been against this par- of that, 58 cents, $1 an hour. You can about the world’s superpower. You can- ticular policy for years on end. We had go, for 10 percent of the cost, to China. not use and you would not use the hy- a GAO report—about which I could go We run around here like we understand drogen bomb. They couldn’t care less on at length—that the agreement is in- something when we are totally off now about the 6th Fleet or our mili- decisive and complex. When we nego- base, operating in the dark, on one of tary superiority. tiate, we find out again and again it is the most important issues confronting So what counts? Money. Money talks normal trade relations; namely, you the United States. They think: Tech- in international affairs. I will never have to give before you can take. You nology, high tech, high tech. Let’s talk forget when in the U.N. there was a res- have to give the Chinese the tech- about jobs. High tech jobs? Do you olution to examine China with respect nology, and move production to China. know that a third of Microsoft’s work- to human rights and they were pre- I do not fault China. The Chinese are ers are part time? At one time they paring to set up the hearings. This was doing only what we did to build this were all full time and lower-level work- 1993. great United States of America. ers sued and said: We are going to get The last time I checked 5 years later, In the earliest days, we had just won some of these stock options and other 1998, they did not have the hearings. our freedom, and the Brits cor- benefits. And they won the case in Why? Because the Chinese are the best responded with the fledgling Colonies court. So Gates and Microsoft turned diplomats. The Chinese are the best ne- and said: Now that you have won your around and gave them a 364-day con- gotiators. They are the best business freedom, why don’t you trade with us tract. They are part time; 40 percent of people. They have the best commercial what you produce best, and we will the employees in Silicon Valley are minds. They went all around Africa, trade back with you what we produce part time. They don’t give them any down into Australia and everywhere best—the doctrine of comparative ad- jobs. Gates has 22,000 up there in else. They never called for the hear- vantage these economists will tell you Redmond, WA and Boeing has 100,000. ings. Why? Because everybody wants to about. But what jobs they do have don’t get into that rich market of $1.3 tril- Alexander Hamilton had the wisdom, produce anything to export. lion. At the moment, we have the rich- outlined in the Report on Manufac- We had a deficit balance of trade in est market in the world, and we refuse tures. There is one copy left at the Li- advanced technology products with the to use it and whine: Be fair, fair trade, brary of Congress. That little booklet People’s Republic of China of $3.5 bil- level the playing field. in a line told the Brits to bug off: We lion in 1999. This year it will be almost Come on. Trade is not Boy Scouts. are not going to remain your colony. $5 billion. So don’t give me anything There is no morality to trade—be fair. As a result, the second bill that ever about high tech—the high tech is going I know what they are talking about. I passed Congress—the first being the

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17063 Seal of the United States—was a pro- to get a job at McDonald’s or at the FORTUNE will spare you the arcane de- tectionist measure passed on July 4, laundry or somewhere else in the serv- tails—for now, anyway. But the fundamental 1789, a tariff bill of 50 percent on 60 dif- ice economy that doesn’t pay. argument about inequality is simple. The ferent articles. From there we began to Talking about those jobs, I think we pessimists contend that income distribution ought to really emphasize the fact that has grown so lopsided that all society is build our own economic strength, our worse off. Richard Freeman of Harvard spec- own industrial capacity, carried on by we are separating, if you please, the so- ulates that there is a link between inequal- President Lincoln. When plans were ciety. In Fortune magazine, dated Sep- ity and crime. He notes that high school being made to build the trans- tember 4 there is the article entitled, dropouts fill the nation’s jails—and that continental railroad, some said buy the ‘‘Are the Rich Cleaning Up?’’ It is by these men have lost the most ground eco- steel from London. Lincoln said: Oh, Cait Murphy: nomically. Edward Wolff of New York Uni- no, we are going to build our own steel Blue-collar workers make less than they versity contends that if young men had a plants, and then when we get through, did a generation ago while the earnings of better shot at earning a stable living they might be more willing to marry and stop we will not only have the railroad, we professionals have soared. Mr. President, I ask unanimous con- having children on a freelance basis. Robert will have a steel capacity. Greenstein of the Center on Budget and Pol- Again, that crowd that comes around sent to have this article printed in the icy Priorities argues that earnings dispari- here whining about free trade, getting RECORD. ties are one of the reasons that almost one in all the protection you can possibly There being no objection, the mate- five children lives in poverty. America’s low- imagine—the farmers—are solid for rial was ordered to be printed in the est-paid workers make less, as a percentage this. They are going to learn a lesson— RECORD, as follows: of the median wage (the point at which 50% be careful what you wish for. Maybe I [From Fortune, Sept. 4, 2000] are above and 50% below), than their coun- terparts in any other country (38%, com- will get on to that in a minute. ARE THE RICH CLEANING UP? (By Cait Murphy) pared with 46% in Britain and Japan and It was Franklin Delano Roosevelt more than 50% in France and Germany). The average price of a Manhattan apart- who instituted marketing quotas, pro- This means that many low-skilled parents ment south of Harlem has hit more than tective import quotas, price supports— just cannot earn enough to escape poverty. $850,000—at a time when two-fifths of New protectionism that built up. Yes, I am ‘‘If there were somewhat less inequality,’’ York City’s residents make $20,000 or less a Greenstein concludes, ‘‘more would have a for the farmer and we are the greatest year. In Silicon Valley teachers struggle better standard of living.’’ agriculture producer in the world. But with the rent while dot-com-rich parents There is also considerable (but conten- do not tell me about free trade. There wonder how to cope with ‘‘affluenza’’—the have not been any price supports for perils of new and great wealth. (Hint: Just tious) literature that more-equal societies are healthier. And there is the inchoate but my textiles and my 38,700 textile work- don’t buy that helicopter.) In leafy suburbs nurses and cops commute from 50 miles deeply felt belief that inequality at current ers who have lost their jobs since levels is simply un-American. It gives the NAFTA. Incidentally, I remind people away: They cannot afford to live near their work. rich too loud a voice. It makes it too hard just exactly what happened. Yes, they This dichotomy—between new wealth and for those at the bottom to rise to prosperity. are having to turn to service jobs if the not-so-wealthy—has lately become some- And it allows the wealthy to separate them- they can. thing of an academic and political obsession. selves from society through private clubs, I remember Onieta Industries in An- Economists and social scientists have turned private schools, and gated communities. drews, SC. They made T-shirts. Every- the study of income inequality into a thriv- The optimists respond to that critique ing cottage industry. And while the rich- with a polite yawn. Or perhaps a rude word body can understand it. They closed along the lines of ‘‘Rubbish!’’ Sure, inequal- the plant in the early part of last year. poor gap has not cropped up explicitly in the presidential campaign, it is the subtext for a ity has grown, but so what? As long as people There were approximately 480 employ- number of front-burner issues like tax cuts, at the bottom have not become absolutely ees with an average age of 47. Do it educational reform, and the ‘‘digital divide.’’ worse off, goes this set of arguments, it Washington’s way; do it the way Con- When a politician uses the word ‘‘fairness’’ doesn’t matter that the rich got richer fast- gress lectures: Education, education— in an economic debate, that’s often short- er. And no, the poor are not worse off. we have to reeducate. They sound like hand for ‘‘inequality.’’ Though men’s earnings seem to have fallen a bunch of Mao Tse-tungs. So we reedu- Why the concern about inequality? Basi- since 1973 (and maybe they haven’t), wom- en’s have clearly risen. That trend and cate, and tomorrow we have 487 expert cally, because there’s more of it. From 1977 on, the cash earnings of the poorest fifth of smaller households mean that family income computer operators. Are you going to the U.S. population fell about 9%, estimates and income per head have increased all along hire the 47-year-old or the 21-year-old? the Center on Budget and Policy Priorities; the income distribution. Housing quality and Those 47-year-olds are out of a job. middle-class earnings rose 8%; and upper-in- access to medical care have improved mark- The average employer is not going to come earnings, 43%. The exact numbers are edly for the poor since 1973. take on the pension costs and health hotly contested, but it is clear that the dis- Besides, people don’t necessarily stay in costs for the 47-year-old when they tance between the top and the bottom tiers the same position. They move up and down have relatively none to consider for the of the income distribution has grown strik- the income ladder: Horatio Alger was not 20-year-old. So they are sidelined. And ingly since the 1970s. By some measures, just making stuff up. Today’s income dis- Americans’ earnings are more unequal today tribution is the result of long-standing eco- that is the anxiety explored recently in than at any time in the past 60 years; at nomic forces and social trends. Nothing is Business Week: ‘‘The Backlash Behind best, even after the past several years, when broke, so don’t fix it. the Anxiety of Globalization.’’ income has grown throughout the income Those are the broad outlines of a debate in President Clinton, himself—this is distribution, the gap has plateaued at or which the devil is most definitely in the de- from the Los Angeles Times in May of near record levels. tails. What follows is a primer of the argu- this year. I quote: Of course, no serious person would argue ments, followed by a suggestion about how So Clinton asked rhetorically, why are we that everyone should get the same-sized to get out of this thicket. having this debate on PNTR? Because people piece of the economic pie. That would be un- What are people so concerned about? Stu- are anxiety ridden about the forces of fair to those who work hard, as opposed to dents of inequality use several tools in their globalization. those who watch reruns of Gilligan’s Island trade. One is the Gini coefficient; a 0 coeffi- all day. And if spectators want to pay more cient is perfect equality (everyone has ex- I just finished reading David Ken- to watch a baseball game than, say, a bad- actly the same share of the economic pie). A nedy’s ‘‘Freedom from Fear,’’ the leg- minton match, there is no reason both sets coefficient of 1 is perfect inequality (Bill acy of Franklin Delano Roosevelt. The of athletes must be paid alike. At the same Gates gets it all). In America the coefficient legacy of William Jefferson Clinton is time, no serious person would deny that in- has risen from 0.323 in 1974 to 0.375 in 1997, fear and fear itself. Global anxiety. equality can hit such levels (think medieval according to the Luxembourg Income Study, Why? Because that 47-year-old who societies) that it comprises both an ethical higher than in any other rich country. Brit- worked at a plant for 25 years was sav- problem and a threat to social peace (the ain’s is 0.346, Germany’s 0.300, Canada’s 0.286, peasants revolt). Finally, there is little dis- and Sweden’s 0.222. ing his money, making his home pay- agreement about whether inequality has in- Matters naturally are not quite that ments, his car payments and had a lit- creased. It has. But there is also massive straightforward. Alan Greenspan has pointed tle boat down on the Black River—now mud-wrestling about how much it has grown, out that while the Gini coefficient is com- he is high and dry. At best, he is trying why, and what it all means. paratively high for income, when applied to

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17064 CONGRESSIONAL RECORD—SENATE September 6, 2000 consumption it is about 25% lower. In other ed toward the more highly skilled because society, and they do an excellent job of rais- words, poorer people are spending more like employers would pay more for their services. ing wages for members. But they can also be the rich; they are, for example, almost as But it really is that simple. associated with not-so-good things, such as likely to own such things as dryers and Of course, that by itself doesn’t explain the protecting their workers at the expense of microwave ovens. So the economic distance income gap. Another significant factor has those trying to get into the labor market— between the top and the bottom may be nar- been family structure. Weighing on the an important factor in the high level of Eu- rower than the income numbers suggest. And downscale side of income distribution has ropean unemployment. In July, Alan Green- Europe’s greater equality may simply reflect been the burgeoning number of single-parent span contended that it was America’s great- the widely accepted premise that while families, particularly those headed by never- er labor-market flexibility that had allowed America has adapted to economic change by married mothers; overall, single-parent fam- it to take advantage of information tech- allowing inequality to rise, Europe has ad- ilies earn about half as much as two-parent nologies faster and more fully than Europe; justed by allowing higher unemployment. households. On the upscale side, there has tech-led productivity has been the bedrock Which is better? been an increase in families in which both of America’s recent wage and productivity Another favored analytical tool for meas- spouses make lots of money. To put it an- surge. In this context, the case for actively uring inequality is to divide the population other way, there are almost 21⁄2 times as encouraging more unionization begins to into fifths, or quintiles, and see what share many people working in the richest fifth of weaken. of the nation’s earnings each fifth took households as in the poorest fifth. Less than What about raising the minimum wage? home. According to the Census Bureau, in a third of the people in the bottom quintile That’s plausible too, and the increased min- 1998 the bottom 20% earned only 3.6% of live in households headed by a married cou- imum wage probably played a role in total income (4.2% in 1973), compared with ple; the rest are single (55%) or in single-par- steadying inequality in the past few years. more than 49% for the top 20% (44% in 1973). ent families. In the top quintile some 90% Moreover, countries like France, which has a But wait a minute. The Heritage Founda- live in married-couple families. high minimum wage, have seen inequality tion points out that the Census defines Changes in family structure account for grow much less. America may be robust quintiles in terms of households—and house- more than a third of the increase in income enough to swallow the proposed minimum- holds in the bottom quintile are much small- inequality since 1979, figures Gary Burtless wage increase to $6.15. But there is clearly a er than those at the top. Therefore, while of the Brookings Institution, making it a point where a minimum wage can become there are 64 million people in the richest slightly more important factor than the wid- burdensome, killing job opportunities, as has quintile, there are fewer than 40 million in ening wage gap. Lynn Karoly of the Rand In- happened in Europe. And raising the min- the poorest one. Adjust for population, and stitute in California calculates that the wage imum wage is an awkward way to lessen in- equality. Most minimum-wage workers do the share of the bottom fifth grows. Also, gap is a bigger deal, but no matter: No one not live in low-income households (think of many Americans have income that is not in disputes that both factors are crucial. suburban teens), and many poor households the form of wages or cash transfers—food Other suspects in the inequality lineup are have no workers at all. So most of the gain stamps and housing subsidies for the poor, the declining minimum wage (lower in real from a higher minimum wage goes to fami- realized capital gains for the better-off. Ad- terms than in 1973), declining unionization lies that are not poor. Worse, the Organiza- just for that, and the distribution narrows among men (accounting for as much as 20% tion for Economic Cooperation and Develop- again, as it does after accounting for taxes. of the gap, estimates Freeman), deregulation ment has documented a connection between Should the adjustment include Medicaid and (protected industries kept wages high), im- the minimum wage and youth unemploy- Medicare? If so (and that is debatable), the migration (which can depress wages), and ment: the higher the wage, the more idle gap shrinks further still; put it all together, trade (that giant sucking sound). Higher lev- youngsters. That has to be a large part of the and Heritage figures that the bottom quin- els of entrepreneurship may also be associ- reason a quarter of France’s under-25-year- tile takes in 9.4% of national income, and ated with higher inequality. olds are out of work. the top 39.6%. All those things probably count, but to a Is all this simply an argument for compla- There is, then, no consensus on how to minor degree compared with the changes in cency? Not quite. It is really an argument measure inequality. There is, however, broad earnings patterns and family structure. Im- for looking at the issue from a different per- agreement that it has indeed grown. Since migrants, for example, can drive down wages spective. Let’s face it: Normal Americans do the early 1970s the cash incomes of the rich in local labor markets, particularly among not fret about rising Gini coefficients or have indeed risen faster than those of the the low-skilled, but that effect is muted quintile displacements. They do however, poor, with the middle class hanging in there; across the country as a whole. When it worry if hard-working people, even profes- the higher up the income ladder, the faster comes to trade, the effect is even more dif- sionals, cannot find a home of their own that the growth. That may help explain why the ficult to identify. While some companies fits their means. They don’t want children poverty rate, now 12.7%, has still not dipped have certainly shipped jobs to cheaper suffering, even if their parents made bad to 1973 levels (11.1%). Median household in- climes, most U.S. trade is with other rich choices. They believe that opportunity is come (the point at which 50% are above and countries, and most low-paid jobs are domes- available to all and that government should 50% below) has grown grudgingly, rising tic, such as cleaning or food service. Remem- not hinder people’s ability to take care of about 9% in real terms from 1973 to 1998 and ber, too, that to critique immigration and themselves. Americans, in short, are hapless passing its 1989 peak only in 1998. trade strictly in terms of their impact on in- at class warfare (perhaps because they are so Men have had a particularly dismal time. equality is to look through a cracked mirror: absorbed in racial and ethnic issues). If they The median income of men is significantly Doing so ignores the contributions immi- were better at it, they would be howling, say, lower than in 1973 ($27,394 then vs. $25,212 in grants make to America and the opportuni- at the proposed death of the death tax, which 1997, in 1997 dollars). Men under 45 are mak- ties wrought by freer trade. applies to only a tiny share of estates. In- ing less now, in real terms, than they did in What is more important than any of these stead, most people want it killed. The atti- 1967, and blue-collar workers have taken the individual factors, Karoly notes, is how all of tude seems to be, ‘‘Hey, that might be my es- biggest hit. Blacks and women, however, them have reinforced one another. At the tate someday.’’ have seen their earnings rise. same time, there have been few counter- Given such attitudes, a plausible list of Why is inequality increasing? Income in- vailing forces. The U.S. could have tried to goals for government might go something equality is increasing because wage inequal- slow these trends, as Europe has done, like this: Enhance the prospects of poor chil- ity is. The U.S. economy has evolved to re- through high minimum wages or centralized dren, improve living conditions, reward ward highly educated people even more than wage bargaining or protective trade barriers work, bolster family responsibility, keep in the past—a trend that social scientists, in or high taxes. It chose not to. taxes from impoverishing people and ensure a flight of whimsy, call ‘‘skill-biased techno- What can be done? The primary rule of eco- mobility. logical change.’’ This means that demand for nomic policy should be like that of medicine: And surprise, surprise: American social labor has shifted toward the skilled and First, do no harm. And the problem with policy in the 1980s and ’90s has done almost away from the unskilled. Brains beat many of the knee-jerk policy responses to in- precisely that. The Reagan Administration brawn—hands down. equality is that they cannot pass that test. can take credit for the 1986 tax reform, That explains the rise in the college pre- Looking at the list of culprits responsible for which released many lower-income Ameri- mium—the extra income college graduates the run-up in inequality, for instance, one cans from federal income-tax liability. The can expect to earn compared with those who could argue for less technological change, earned-income-tax credit (EITC), also a finish only high school. The premium rose less trade, more regulation, and less entre- Reagan-era initiative, supplements the pay much faster in the U.S. than in Europe be- preneurship. Would America really be better of low-wage workers with children through a cause the supply of graduates in the U.S. did off with such an economic blueprint? To ask refundable tax credit of up to 40% of earn- not rise as fast in the 1980s and 1990s as the the question is to answer it. ings. The Bush and Clinton Administrations demand for them; Europe came closer to Even the more plausible approaches carry expanded the EITC (the latter in the teeth of matching demand and supply. It sounds like side effects worth thinking about. Take strong Republican opposition). Both also ex- a tautology, and perhaps it is: Income shift- unions. Unions are an essential part of a free panded the provision of support services for

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17065 poor children outside the home—child care, level of access that, say, Ireland provided in dent Clinton, offered a striking way of look- foster care, Head Start, and so on. Child-sup- the 1960s. There has been expansion of guar- ing at these issues at a Federal Reserve con- port enforcement expanded under all three anteed medical provision for poor children, ference in 1998. Imagine the income distribu- (with, it has to be said, spotty results), and but about 15% still slip between the cracks. tion, she suggested, as an apartment build- health insurance and child-care subsidies for A system with fewer gaps could also promote ing in which the penthouse is more and more poor children expanded under Bush and Clin- mobility; it is scary for low-income people in luxurious, and the basement, in which a ton. The welfare reform of 1996 (in the teeth a job with health coverage to try to improve number of dwellers (and their children) are of strong Democratic opposition) explicitly their position by moving to a new job with- stuck year after year, is rat infested. What connected working to the receipt of benefits. out it. to do? Well, some social critics, offended by Overall, these policies make up a broadly Fourth, let’s remember that not every the presence of wealth amid such distress, consistent approach that Americans are in problem comes with a ready solution, from would like to pillage the penthouse. Tyson tune with—and that has delivered real im- government or anywhere else. For example, simply notes, ‘‘We need to do something provements. it would be an unambiguously good thing for about that rat-infested basement.’’ Taking Perhaps, then, the way to remedy inequal- America as a whole if families formed more care of the rats and making sure people can ity is not so much to try to lessen the Gini readily and stayed together more reliably. climb out of the cellar: That seems about coefficient—through redistributive taxation, This would also narrow wage inequality and right. for example—but to ameliorate the problems boost family income. It’s just far from obvi- Mr. HOLLINGS. You begin to under- of those snagged at the bottom. One such ous how to get there from here. Social policy is not a field of dreams; mir- stand—when we talk about jobs, when problem is clearly housing. There is a gap be- we talk about pay, when we talk about tween the growing numbers of low-income acles are rare. Across the rich world, esti- renters (10.5 million in 1995) and the shrink- mates Ignazio Visco of the OECD, the long- our society, when we talk about our ing numbers of low-cost rental units (6.1 mil- term poor are some 2% to 4% of the popu- economic strength, when we talk about lation. But at any given time, these families lion). A record 5.4 million households spend the middle class—that the strength of make up half of the population living in pov- more than half of their income on rent or our democracy is disappearing. erty—everyone else moves up and out. The live in substandard housing. The feds can So, yes, we are going to trade with major problem in such homes is not lack of and should do more in this regard by boost- money but disorganization, illness, lack of China. But if you make it permanent ing the number of housing vouchers. (Con- social skills, and general cluelessness. In her and you make it normal and you want gress eliminated new housing vouchers for book What Money Can’t Buy, Susan Mayer of to compete with China, you are going four years in the 1990s; the 2000 budget envi- the University of Chicago argues that after to be in one heck of a fix, is all I have sions expansion.) basic needs are met, additional income has But inequality begins at home. It is not co- to say. little effect on children’s prospects. Using a Let me say a word about market incidental that two cities with massive af- form of regression analysis that only a social fordability problems—New York and San share. Japan has been practicing this scientist could love (or indeed understand), for a long time. They have a society Francisco—may also have the most tortured Mayer estimates that doubling the income of housing markets in the country. Byzantine the poor would reduce high school dropout that sacrifices at the home market in regulations suppress new construction and rates by one percentage point, increase edu- order to take on the international mar- raise its cost. Insiders—those who have cation by a few months, have no effect on ket, the market of the United States. scored a price-controlled apartment—benefit teen pregnancy, and possibly worsen male There is no question about it. at the expense of outsiders, who pay prices idleness. ‘‘Any realistic redistribution strat- That Lexus that costs $34,000 in the exaggerated by the artificially induced con- egy,’’ she concludes, ‘‘is likely to have a rel- United States costs $40,000 to $44,000 in straint in supply. So while rent decontrol atively small impact on the overall inci- rarely makes the egalitarian to-do list, it de- downtown Tokyo. That camera that dence of social problems.’’ Enhancing living sells for $300 here—a Japanese cam- serves to be on it. And Silicon Valley and standards to provide dignity and reasonable other wealthy communities should take a comfort is a social good in itself. But humil- era—sells for $600 to $1,000 in downtown hard look at regulations—two-acre zoning ity is warranted in terms of the long-range Tokyo. That Handycam that sells for and the like—that put up a keep out sign for benefits of doing so. $640 in the United States—made in the unrich. In the long run, because so much of in- Japan—sells for almost $2,000 in down- Expanding the EITC further—by increasing equality is connected with the higher re- town Tokyo. the credit (particularly to families with turns on skills, it is crucial that Americans We do not have that kind of society. three or more children) and extending it to learn the things they need to know in order childless full-time workers—would also help. This is a spoiled society. We are sup- to succeed. Which brings us to education, the posed to give you tax cuts even though The EITC is first-rate social policy. Essen- most important component of the mobility tially it promises parents that if they work, that is the bedrock of the American dream. we have hardly any taxes to cut. And their income will exceed the poverty line. In Poor people in poor communities are educa- they can’t be punitive, because look at 1998, EITC supplements lifted almost five tionally short-changed, and the problems the economy. By the way, we are pay- million people out of poverty, and that begin early. That Americans of almost any ing down the debt, but we do not tell money has proved an important carrot to get intellectual level can find a college to accept them we are increasing the debt at the former welfare recipients into the job mar- them does not excuse the lack of basic skills same time. ket. A further expansion would put more dol- too many high school graduates dem- I really have not had but one person lars in low earners’ pockets and reduce the onstrate. Money may be part of the answer, ranks of the working poor, without the scat- ask me about the estate tax. Nobody but only part. Cash can be spent wisely or has asked me about the Social Security tershot effect of the minimum wage. It also stupidly; there is, at best, an ambiguous cor- makes perfect equity sense in the context of relation between spending and achievement. tax because we put it in line with all the tax cuts both parties are fiddling with. But evidence indicates that increased atten- other pension plans. Nobody has both- Don’t believe the fluff: Tax cuts would ben- tion to education in early childhood brings ered about gasoline. Overseas, they efit the better-off most, for the very good enduring and positive results. It’s clear that regularly sacrifice $4.20 for a gallon of reason that they pay the lion’s share of there has to be more emphasis on account- gas. When we get to $2 a gallon, we go taxes. The top 1% of earners, for example, ability and outcomes—what children actu- ape and hold Federal investigations, pays almost a fifth of all individual federal ally learn—as opposed to how much is being TV shows, and everything else. income taxes, according to the Congressional spent. That’s beginning to happen. And it’s Budget Office, and the top fifth almost 60%. So the competition in globalization hard to believe that competition—vouchers, is one of sacrifice. In China, they call it The bottom two quintiles contribute 8%. An charter schools, and the like—would not be a expanded EITC, in combination with tax goad to improvement. communism; sacrifice, in Japan, in cuts, would spread tax largesse all the way Finally, let’s remember that nothing good Korea, and even in France and Ger- up and down the income distribution. Along is going to happen if the economy goes into many. They have all kinds of rules and the same lines, states that are considering the tank. Tight labor markets have done regulations. Try to buy a year 2000 cutting taxes would do well to cut sales more to make welfare reform work than any Toyota in France. They keep it at the taxes, which hit the poor hardest, rather aspect of its design; productivity has driven Port of Le Havre and inspect it a year than income taxes. Or they could start or ex- up wages since 1993 faster than any transfer or so, and you can buy the year 2000 pand their own versions of the EITC, as more program could have done. Remedies to in- than a dozen states have already done. equality that hurt the economy as a whole model on January 1, 2001. Third, surely a country as rich and tal- will hurt the poor first and worst. They have all kinds of barriers and ented as America can figure out some way to Laura D’Andrea Tyson, former head of the different tricks. We talk about ensure reasonable, regular health care at a Council of Economic Advisors under Presi- globalization and productivity as if we

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17066 CONGRESSIONAL RECORD—SENATE September 6, 2000 know something about it and that all per subscriber in one of these commu- Then they give the contributions to we have to do is reeducate and get nications entities. Previously the high- the college campuses so that you not more engineering graduates. Come on. est bid was $12,000 per subscriber. Deut- only have the companies and the I am talking about middle America, sche Telekom comes in with $21,000 to banks, but you have the campuses. the blood and guts of this society, the $22,000. Money is nothing to them. There was a Ms. Jacobson who put out blood and guts of this democracy. That Why? Because they want market share. a study back in the 1980s where the ma- is what keeps us a strong country. They battle. And the whole fight in jority of the contributions, I think, on That Fortune magazine article that globalization is for either jobs on the the Harvard campus were Japanese. So came out the day before yesterday will one hand, market share on the other you get all the campuses. You get the tell you about that divide, will tell you hand, or both. consultants. You get the Washington that the take-home pay of that indus- That is the globalization. That is the lawyers. We don’t hear too much from trial worker is less than what it was 20 trade. And we do not have a trade pol- our friend Pat Choate. I wish he would years ago, adjusted for inflation. It is a icy. run again. Pat Choate wrote ‘‘The devil of a trend, but they are not talk- They talk about free trade, and they Agents of Influence.’’ ing about that or even mentioning get together. Unfortunately, our Demo- The agents of affluence were our spe- trade. But when it comes to market cratic leadership gets together with cial Trade Representatives, whether it share, the Japanese set the pace. the Republican leadership on this was Eberly or Brock or Strauss, those What is going on in telecommuni- score. representing us immediately went to They put out the white tent and they cations? represent the other side. It would be fixed the vote. The New York Times I have a bill which is a reminder be- like General Powell going to represent wrote the article about it. The New cause the law is there. I am going to Saddam Hussein and Iraq. But that is York Times put in there that they got testify tomorrow that it is nothing what has been going on. To Mickey the NAFTA vote by giving our friend, more than a reminder. No communica- Kantor’s credit, he has not done that. Jake Pickle, a culture center; another tions bill is going to pass unless they But I have been here long enough to Congressman two C–17s; another one a put it as a rider on one of these appro- golf match. They had 26 gimmies to fix watch all of them. Carla Hills, who gets priations bills. Because they do not the vote. So they fixed the vote here in all of these awards and everything else, want to debate these things. the Finance Committee and fixed the represented the other side, the com- All you have to do is look at Deut- vote with the leadership, and they have petition. sche Telekom’s SEC reports and know Then you have the retailers. We used the unmitigated gall to come and say: they call themselves a monopoly and to debate a bill, Mr. President. I would No amendments, don’t discuss it, when that the German government is in con- can we vote, let’s get this thing over go down to Bloomingdale’s, and I would trol. with, free trade, free trade, free trade. get a lady’s blouse made in Taiwan and When you are a country in control, I am going to join my friend, our one made in New Jersey because they you can print money. We know that leader from West Virginia, Senator are trying to fill up the order. They better than anybody. We have been BYRD, and others, and hope we bring were never the same price, and the running deficits since 1968, 1969 under some sobriety to this crowd up here in American manufacturer wasn’t the Lyndon Johnson; now the debt is $5.7 Washington. Let’s start competing and lower price. I went to Herman’s and got trillion. So we know about govern- let’s start being productive. Congress a catcher’s mitt, one made in Michi- ments printing money. berates the U.S. industrial worker. You gan, one made in Korea—the same Deutsche Telekom had its stock at must become productive. But we can’t thing, the one from Korea was cheaper. $100 earlier this year, in March. Now it pass an increase in the minimum wage. So they make a bigger profit, the re- is down to $40. Do you think Ron We can’t pass a patients’ bill of rights. tailers. And the retailers pay the news- Sommer, the CEO of Deutsche We can’t pass gun control. We can’t papers through advertisements. That is Telekom, is worried? He could care pass campaign finance. We can’t do the source of the majority of news- less. He says: I have $100 billion. anything. papers’ profits. The business manager He just had a bond issue of $14 bil- Remember, we are competing with of that newspaper says you have to be lion. Everybody got into it. We could ourselves. I think that is one of the for free trade because the retailers are not get a $14 billion bond issue going in main points to be understood. I will their clientele. this country. But a government-con- never forget those industrialists who I just heard the distinguished Sen- trolled company can easily get it be- traveled all the way to Europe and ator from Arkansas talk about free cause that company can’t go broke. It back with jet lag to implement the trade. She was very much for this par- is bound to win. Marshall Plan. Now with the profit the ticular bill. Their biggest industry? Sommer says: I have $100 billion. And corporations make, they don’t mind Wal-Mart, import industry. They are I am ready to buy AT&T or MCI or the jet lag. They don’t mind moving for going to sell a few chickens in Arkan- Sprint or VoiceStream or any telecom a while to Japan and Korea and other sas. Tyson hopes he can sell a few company I please. If his stock was places. And as of 1973, the banks— chickens. But they are not producing down in the regular market to $40, and Citicorp and Chase Manhattan—made a anything else there. So we have to go he had $100 billion, there would be a majority of their revenues and profits over to the retailers. footrace between Boone Pickens and outside of the United States. They be- We have the banks, the corporations, Carl Icahn. They would be in there in a came more or less multinational. Then, the consultants, the societies, the cam- flash. There would have been a take- of course, the corporations themselves puses, the lawyers, special trade rep- over long ago. You see, they can come started traveling over there and they resentatives and, yes, the lawyers. The in with all kinds of capital and distort organized in order to support this so- Commerce Committee does not con- the competitive market. called free trade, which they knew his- sider a bill that your office does not fill That is why we deregulated tele- torically was a bummer. They orga- up with this crowd. In fact, these folks communications from U.S. Govern- nized the Trilateral Commission and are confusing the Deutsche Telekom ment control in 1996. We certainly did the Foreign Policy Association. If you bill that my distinguished colleague not do it to put it under German Gov- run for President, the first thing you cosponsored with me, running around ernment control. That is why we have do is get a gilded invitation to go up the whole month of August trying to the World Trade Organization, in order and pledge on the altar of almighty figure out how to get this vote and how to get competition, not to set up gov- free trade your loyalty and your fealty to get that vote. ernment-controlled companies to take to free trade. So you become sophisti- Section 310(a) says you cannot li- over in the private market. cated. You become knowledgeable. Yet cense a foreign government in tele- But why do they do that? Who does you don’t know what you are talking communications. It has been that way offer the highest price, they tell me, about. since 1934. We argued and debated it in

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17067 the 1996 bill. We ultimately left it And so just like the Senator from Ar- average of 13 percent to zero by the alone. In spite of the White House and kansas protects Wal-Mart, which he year 2005. the FCC and all the other legal she- should, maybe I would be here trying On U.S. priority agricultural prod- nanigans they have ongoing, the law is to protect a textile company that ucts, tariffs will be reduced from an av- still there, but they are trying to con- wants to produce in downtown Beijing. erage of 35.1 percent to 14 percent by fuse that. The PRESIDING OFFICER (Mr. January of 2004, at the latest. It will It is like Spain with the fifth column. GREGG). The time under cloture has ex- also expand market access for U.S. We have the enemy within, like Bobby pired. corn, cotton, wheat, rice, barley, soy- Kennedy wrote about. I mean, I am not Mr. HOLLINGS. I thank the Chair beans, meat, and other products. worried about China. I would run it the and yield the floor. I think we all know the current state same way they are running it. They Mr. President, I suggest the absence of the agricultural economy, and while have a $68 to $70 billion plus balance of of a quorum. we will set policy, to hopefully help trade. We have got $70 billion minus The PRESIDING OFFICER. The production agriculture, we have always balance of trade and it has been grow- clerk will call the roll. known that knocking down trade bar- ing each year. It is going to continue The senior assistant bill clerk pro- riers and expanding the world market- to grow. ceeded to call the roll. place for our producers in agricultural This is not about jobs in the United Mr. CRAIG. Mr. President, I ask products remains critical. We have States. It is about jobs in China. The unanimous consent that the order for long since passed the day when we are Wall Street Journal had a big headline the quorum call be rescinded. the consumers of all that we produce. that said investors are racing now to The PRESIDING OFFICER. Without Now, well over 50 percent of everything invest in downtown Beijing, get a foot- objection, it is so ordered. a farmer or rancher produces on his or hold there and then get the protection Mr. CRAIG. Mr. President, I come to her property has to be sold in world of the WTO—because you know who the floor of the Senate this afternoon markets to maintain current econo- the WTO is going to rule in favor of. to discuss a motion to proceed on what mies and to improve the profitability Fidel Castro can cancel your vote, Sen- many of us believe to be a very impor- of those individual operations. ator, my vote, the U.S. vote. I mean, tant issue, and that is Permanent Nor- China, without question, is strug- come on, the WTO setting our trade mal Trade Relations (PNTR) for China. gling today to determine what it will policy? While this issue has been a long time do in agriculture. Without question, it I have introduced a bill in each of the in coming to the floor of the Senate, will want to feed itself and to continue last sessions of Congress and I will in- its time has come. Our Nation, for a to do so. Any nation worth its own troduce it again next year. I am trying good number of years, has pursued a re- gravity wants to provide food and fiber to get the 28 Departments and the lationship with mainland China to im- for its own citizens. But as that econ- Agencies coordinated in a department prove the trade and commerce flows omy improves—and it is improving— of trade and commerce so that we can that are critical to this country. The the ability of disposable income in the hands of the mainland Chinese means have a coordinated assault on the agreement that we are here to ulti- that they will want to buy more of a needs of this Nation. At the present mately get to final debate and passage variety of products that our tremen- time, it is all spread around, disparate. on, is an agreement that allows an un- dous agricultural economy produces. You have the policy from the Trade precedented access to the China mar- This is merely a step, and that is why Representative. No, it is the Commerce ket. I say dropping tariffs from 31.5 percent Secretary. No, it is the Secretary of I support PNTR for China because it to 14.5 percent by the year 2004 is sig- Defense. No, it is the White House. No, will seal the deal on the U.S.-China Bi- nificant. As we work with them, those it is some other ruling that the admin- lateral Agreement and finally allow tariffs could actually drop more rap- istrative body, the FCC, has made. U.S. business and farmers the access to idly in that area with additional agree- Chinese markets that the Chinese have That is why we have these booming ments. There is no question that future to our market. In other words, America 60,000 lawyers at the bar in the District Administrations in this country will has had a relatively open market to of Columbia—not 6, 60,000. I believe continue to pressure the Chinese to China while China’s market has been, 59,000 of them are communications law- move in the direction of even lower for all intents and purposes, closed—ex- yers. tariffs, but that significant drop of If we could just coordinate and get cept by category and by definition. over 15 percent will rapidly enhance ag- Passage of PNTR will help pave the one trade policy for this country and ricultural opportunities for sales to way for China’s eventual membership get competitive like the old Yankee China. trader; otherwise, we are losing our in the World Trade Organization. The United States needs this deal. jobs, our manufacturing. We are in eco- I think, as you would probably agree, We are the strongest economy in the nomic decline. We are losing our mid- all of these are critical in our relation- world and, as a Senator, would I stand dle class. Unfortunately, we are losing ship to this very large country and the here and say we need this deal? Yes, be- the strength of our democracy. I really role that it will inevitably play in our cause we do. The U.S. trade deficit believe that. future world. This deal cuts the bar- with China is large and continuing to My friend, the Senator from New riers to trade that U.S. farmers and widen. The deficit surged from $6.2 bil- York, says this is a most important businesses have unfairly encountered lion in 1989 to nearly $57 billion in 1998. vote. Well, I think it is just as impor- for decades. It serves Idaho because it And it continues to rise. tant for the exact opposite reason, that slashes tariffs on exports critical to That statement alone is proof that we kill it, not pass it, kill this thing, Idaho’s economy. our economy has been a largely open have regular trade, not normal, be- Let me give a couple of examples. On economy and theirs has been a rel- cause we have been losing. I want to U.S. priority industry products, tariffs atively closed economy. This agree- start competing. I certainly don’t want will fall to 7.1 percent. Tariffs will fall ment, however, rapidly moves them to- a permanent trade agreement. Don’t on several products that are critical to ward a much more open economy and, have one Congress try to bind the other my State, including wood and paper, therefore, spells in very simple lan- Congresses. ‘‘Permanent’’ was put in which are critical to my State; chemi- guage an opportunity for American there by the NAM Business Roundtable cals, a growing industry in my State; business and industry and America’s and the downtown lawyers. They are and capital and medical equipment. In working men and women to expand the trying to get predictability to that in- information technology—now a very products they produce to sell into the vestment over there, and they want to important part of Idaho’s economy— Chinese markets. come back and tell ensuing Congresses: the tariff on products, such as com- In addition to reducing barriers to Look, you told us it was permanent puters, semiconductors, and all Inter- trade, it will also force China to play and so we have our money over there. net-related equipment will fall from an by the rules.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17068 CONGRESSIONAL RECORD—SENATE September 6, 2000 There is, I guess, a bit of a saying the flow of goods and services leaving cobra snake. In just 19 months, this that when you deal with the Chinese on Idaho and going to mainland China, rice paddy was transformed into a very the mainland, you sign the contract, which just shows you the tremendous modern company that met all of the and then you begin to negotiate. In expansiveness in the marketplace that building codes, standards, and safety this country, when you sign the con- still remains relatively closed. This requirements as if they were built in tract, you have made the agreement. agreement rapidly opens that market my backyard, or in your backyard, or The negotiation is complete. That is and allows us greater access. anywhere in this Nation. It was the why bringing them on line with PNTR This last year, in December of 1999, I home of thousands of workers, working and into WTO means that not only will had the opportunity to lead an Idaho for a much higher wage given the kind they have to ultimately play by the trade mission to China. I asked 13 dif- of power that a higher wage gives, and rules, but there will be a learning proc- ferent businesses and industries to go even given the opportunity to buy and ess for them as well. In working with along with me and my wife, Suzanne, own their own apartment. the dispute mechanisms of the WTO and some of our staff. Representatives If we really want to see China they will obviously learn that as they from agricultural companies and build- change, we must help give their work- move more aggressively into world ing material companies and the high- force this kind of an economy, give markets, there is a rule of law that we tech community went along with us. them more money in their pockets, a have all trading nations of the world We were all united, not only in our rec- chance to own private property, and play by; that is, a rule of fair trade ognition of the importance of China’s then we will watch, over the years, a based on the standards established and entry into the WTO, but all of these political change that will take place. negotiated within the agreements. companies that went along went to PNTR for China will improve the Let me give you an example of the look for opportunities to expand the standard of living for many Chinese problems we face today. marketplace of products built in Idaho who have endured very poor standards Idaho is known for its beautiful or- for expanding the economy of my State of living. chards. Of course, the State of Wash- and expanding the workforce and the PNTR isn’t just a good deal for the ington—our neighbor—is known for job opportunities that exist in my farmers of Idaho, or the business men and women of Idaho. It is a good deal more orchards and that fine red apple State. that many of us see on the shelves of While we were there, we had the dis- for the Chinese people who have suf- the produce markets and supermarkets tinct privilege of meeting with Presi- fered poverty beyond compare, and who of our country. Today, many of those dent Jiang Zemin. President Jiang are now beginning to experience through the marketplace, the oppor- orchards that produce those marvelous gave us the courtesy of nearly an hour tunity of upward mobility, and the op- apples in Idaho and Washington are of his time in a direct discussion with portunity of private property owner- being pulled out and replaced by other myself and the trade delegation. Dur- ship that truly begins to transform the crops. Why? Because the Chinese have ing that time, he talked about China’s political base and the landscape of a flooded the United States market with future and he expressed it this way. He country. concentrated apple juice—that when said China is serious about a transition Over the last year, as this issue de- you buy apple juice in the market- to a more market-based economy, al- veloped and certainly over the last 6 place, the apple juice could well be pro- though the President made it very months as we have known and as the duced from a Chinese concentrate clear that China was not going to fall Nation has known that we would ulti- shipped into our markets, then proc- for the Russian model. In other words, mately debate the issue of permanent essed and bottled and sold into the they weren’t going to throw out the old trade status for China and debate their American market. and assume that the new would just entry into the WTO, I have received a The only way we can control the Chi- naturally take its place. multitude of letters from Idaho from nese flow of concentrated apple juice What they recognized and what they all kinds of constituents who for one into our market today would be to ei- are doing at this moment is a progres- reason or another see the issue of per- ther openly threaten or close down our sive step-by-step approach for greater manent trade status the same way I do. markets—close down our borders to the access in the marketplace, greater While we agree that some of the human Chinese. That makes very little sense flexibility in the marketplace, without rights issues in China, and some of the when you are working to expand mar- collapsing their economy, and without other kind of concerns that we have kets because they then would counter destroying the job base they currently are important, we also agree that our by closing down access to another por- have. There is no question that China Nation must be continually engaged tion of their markets only to hurt an- is eager to gain the economic benefit with the Chinese to change the world other segment of our agriculture. and the political prestige of a WTO and to change their role in the world. If they were in the WTO—if we accept membership. Building a wall or turning our backs on this agreement—then they come under During that tour, we also went to an this huge population base is no way to entirely new standards so that they area and a province to the coastal city gain those kinds of ultimate changes or have to regulate the flow of their con- of Xiamen. There you can see firsthand benefits. centrated apple juice into our markets, what happens when an economy that These letters, and letters from my and without question, substantially was once guarded, protected, and lim- Governor, Dirk Kempthorne, I think improve the overall economy of the ited by state-owned companies and by note, at least for the moment, that I fresh fruit industry of this Nation and political control is turned, relatively, share them with you. Let me give you of the State of Idaho, and the State of loose to join the world economy. a couple of examples. Washington. Xiamen is one of six free-trade zones in Here is one from David Sparrow, of PNTR also means better opportunity China that was created by Premier Boise, ID. for Idaho business-people and for the Deng Xiaoping a good number of years He writes: Idaho workforce. ago. Their gross domestic product is DEAR SENATOR: As a constituent and a For several years now Idaho has ex- phenomenal with average GDP of 20 member of the agricultural community, I ported to China on a growing basis. We percent, and job creation of the kind continue to urge your strong support of are 1.2 million strong in the State of that is tremendously significant in giv- PNTR legislation with China. Idaho. We are not a large State—at ing the workforce of China the kind of He goes on to say: least population-wise. upward mobility that all of us seek for PNTR for China is vital to the farmers and In 1993, my State exported just about all peoples of the world. other agricultural interests in our district. $2 million worth of goods and services While we were there, we toured a Your vote is critical. to China. But by just 2 years ago, in brand new Kodak plant that was built Another one is just a simple one-liner 1998, that number had grown to $25 mil- on about 19 acres of ground. It was once from a gentleman in America Falls, lion. That is a 1,000-percent increase in a rice paddy for water buffalo and when he said:

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17069 Support trade with China. Nothing to lose an opportunity for that seaport and for critical link in providing that business except a market to other countries. every seaport in the United States and economy, jobs, and growth relationship That is exactly right. If we don’t the men and women who work in the with China and China’s future. Reject- compete effectively, then our pro- maritime industries. ing permanent normal trade relations ducers and our American workforce As your constituent, I urge you to support would, in my opinion, have a dramatic will be the loser as other economies of PNTR legislation for China. This legislation impact on the economy for all the op- the world continue to increasingly en- benefits real people: Me, my family, and my posite reasons I have expressed that gage the Chinese marketplace in their country. It guarantees economic growth for passage would have a positive impact. bid for consumer products and a role in America and promotes the growth of democ- Lastly, if we reject this, we largely the world markets. racy in China. freeze our relations with China. We Doug Garrity from Blackfoot, ID, She speaks from my experience and can’t afford to do that as a country. We wrote this Senator: my limited exposure in China, and the can’t afford to do that as a world lead- DEAR SENATOR: As your constituent, I urge absolute truth when she says it ad- er. I, along with a lot of my colleagues, you to vote in favor of Permanent Normal dresses the growth of the democracy or have been very stressed in the last sev- Trade Relations with China. Congress must the democratic actions within China eral months with some of the utter- approve PNTR this year in order to secure itself. ances coming from China and some of unprecedented access to world markets for Potlatch Corporation happens to be a what appear to be their activities here. my company and others across America. company that is a large paper and fiber Shame on us if we ignore this and if we He was talking about a company in producer in Lewiston, ID. They write, ignore all of those other utterances. American Falls, ID, that is an agri- asking that we support this. Why? Be- Full engagement is the only way we culture-based company. cause of the thousands of workers they can deal with the Chinese. Full engage- When the Idaho trade delegation and have at Potlatch and the products they ment economically, full engagement in I met with President Jiang Zemin it can supply into the Pacific rim and trade, dealing with defense matters, was very clear from what he was say- into the Chinese market. openly stating our positions in un- ing that they believed this time, it was I have a good many letters from equivocal ways as to how we will deal their turn to make the concessions. He Idaho. We have received thousands. I with our friends, neighbors, and poten- openly talked about why they had know that nearly every Senator has re- tial adversaries around the world. made these concessions, why they were ceived phenomenal communiques from It is that kind of leadership that is lowering their trade barriers, why they their State in support of this par- incumbent upon this country, it is that would phase them in over a period of ticular issue that is now before the kind of leadership that is asked for in time, and openly discussed even freer Senate itself. Establishing a permanent the Senate now in the passage of a per- markets than the kind that are pro- trade relationship with China means manent normalizing trade relationship posed in the current agreement Ambas- establishing a permanent, but also with mainland China. I hope as we sador Charlene Barshefsky negotiated growing and developing relationship move to this vote we can get there, in late October and early November. with the most populated country in the pass it, pass it as cleanly as possible, President Jiang Zemin recognizes that world. Without question, it is a vast and get it to the President for his sig- the strength of his country in the fu- opportunity for the sale of our prod- nature. ture is not going to be based on the ucts, and for an ongoing and working I suggest the absence of a quorum. strength of a government but the relationship with those Chinese people The PRESIDING OFFICER. The strength of an economy and the right that can do nothing but help improve clerk will call the roll. of his people to share in that economy, the ongoing relationship. The legislative assistant proceeded both individually and collectively as a We will have some important tests in to call the roll. country. He spoke very openly about the coming days as other votes on Mr. BYRD. Mr. President, I ask unan- that. other issues directly related to China imous consent that the order for the It was an amazing experience to visit come up. I will take a serious look at quorum call be rescinded. for well over an hour with a man who some of them because we need to make The PRESIDING OFFICER (Mr. had walked behind Mao in the great very clear, straightforward statements CRAIG). Without objection, it is so or- revolution. He did not mention that to our friends in China as to what we dered. once, but instead talked in terms of can and will expect and what we don’t Mr. BYRD. Mr. President, the Senate open and free markets and talked expect as it relates to their role in the is presently considering the extension about China’s role in a world economy world community and our role along of permanent normal trade relations and our role and our companies’ roles with theirs. status, or PNTR, to the People’s Re- and our national economy’s influence If PNTR were voted down, the real public of China contingent upon Chi- over them and their economy. It was a losers would be the American business na’s accession to the World Trade Or- dialog I would not expect to have. Yet person, the American farmer, and the ganization, WTO. Earlier this year, it it is a dialog that is now pursued near- American workforce. We have a vibrant appeared that China might seek to join ly every day of the week in China by economy today, and our economy is vi- the WTO this fall, but now, in the first U.S. companies who are openly and ac- brant because we can sell in an ever- blush of autumn, that possibility has tively gaining a piece of that market. opening world market. It has not cost receded. And so has the urgency for us Another letter from Marlene us jobs, it has continually improved to consider granting PNTR on a perma- Sanderlin of Lewiston, ID, which is a and built a stronger economic base and nent basis or on a temporary basis to forest products and agricultural town. a greater job opportunity for nearly China. Yet, here we are, with but a It is the location of our seaport where every citizen in our country who seeks scant handful of days left in this Con- ocean-going barges come all the way up it. While that economy is strong, in the gress and a large number of must-pass the Columbia and Snake Rivers into agricultural communities of Idaho and appropriations bills awaiting our at- the heart of Idaho to take out Montana across the Nation, it is weak. It is tention, discussing the merits or de- and Idaho grain, forest products, paper, weak because nearly 20 percent of the merits or lack of merits of forevermore and coal from Montana. All of that is world market is off limits or in some foregoing our annual ritual of review- moving out to the Pacific rim and way restricted to direct access for our ing and extending normal trade rela- some of it ultimately going to China. production agriculture. tions to China. The vitality of that seaport, in the This is a quantum leap forward to It might be worthwhile for the Sen- heart of Idaho, is in large part con- not only gaining greater access but im- ate to so consume its time, if we were nected to the vitality of our trade in proving the economy of hometown, taking this debate seriously. After all, the Pacific rim and China. And China’s smalltown America. Idaho, my State, it is quite a significant vote, the out- economic growth, without question, is has a good many of them. PNTR is a come of which may have long-lasting

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.000 S06SE0 17070 CONGRESSIONAL RECORD—SENATE September 6, 2000 effects on our economy, on American They certainly did so with respect to unfair actions in the trade field by jobs and on American workers. Pro- unlimited amendments. But for several China? How can a report protect Amer- ponents of extending PNTR to China years, there was the previous question ican missionaries in China or Chinese note with some alarm that, should here in the Senate by which debate citizens who wish to practice their reli- China join the WTO, the United States could be limited. But when Aaron Burr gious beliefs? How does a report turn could be subject to sanctions by China completed his tenure as Vice President back a shipment of missile technology? because we do not currently treat it ex- of the United States and made his fare- How does a report turn back threat- actly the same as we do other trading well address to the Senate, in early ening words and actions directed at an- partners, both in the WTO and outside March of 1805, he recommended that other nation like Taiwan? the WTO. And that is true. We do not the previous question be dropped from The goal of this administration, and treat China the same as, say, the the rules. It had only been used 10 of the past few administrations—and I United Kingdom or Japan. We put con- times in the previous years from the say this most advisedly; I have been in ditions on our trade with China, human inception of the Republic. When the Congress now 48 years—and every ad- rights conditions and labor conditions rules were revised in 1806, the previous ministration since I came to Wash- and nonproliferation conditions. We do question was dropped. It was then that ington, Democratic and Republican, so out of concern for those issues with unlimited debate reigned pure and has been the same way, always singing respect to China. undefiled and unchallenged in the Sen- the same old tune, and is guided, it Our annual debate and vote to extend ate of the United States. So this is a seems to me, by the State Department. for another year normal trade rela- precious birthright. The goal of all of these administra- tions, with conditions or without con- By the way, there were no limita- tions, including the present one, has ditions, allows us, here in Congress, to tions placed upon debate from that been to, bit by bit, eat away at the con- comprehensively review our relation- time—1806 or 1805—until 1917, when the stitutional powers of this body to regu- ship with China. The annual vote on present rule XXII—not exactly the late foreign commerce. This is the mes- NTR is important to China, more im- present rule; it has been changed some sage behind limiting mechanisms such portant, perhaps, than any other single since then—but a rule providing for the as fast track. The argument is that our piece of legislation might be. The invoking of cloture was adopted in the trading partners do not like agree- United States is a huge market, an at- Senate in 1917. ments to be amended so it is take it or tractive market, and an important But this group of Members—I do not leave it for the Senate. But the Senate market for Chinese goods. The com- know who they are, and I am not sure must make judgments based on our na- petitive advantage of NTR tariff rates that such a group exists, but I will take tional interest. is consequential. It is both a carrot and rumor for truth at this point because it Trade is a matter of increasing na- a stick to persuade China to alter its very well could occur to some Members tional interest. No one would dream of behavior with regard to issues near and to want a ‘‘clean’’ vote, up or down. making the argument that we cannot dear to Americans, such as religious This group of Members, I read, want vote for reservations or changes in freedom, such as nonproliferation. a ‘‘clean’’ vote, up or down, on the arms control treaties because it would I would be happy to spend many House-passed bill. They, and a number upset our negotiating partner. The So- hours on this debate, and discussing of House Members, do not want a con- viets promptly renegotiated the this important trade and security rela- ference. And they do not want a second changes we made with respect to the tionship. I consider it an important de- vote in both Houses on a conference re- INF treaty, a very fundamental change bate. But I am somewhat dismayed to port. So these Senators—well-inten- on the question of the very definition read news accounts about a cabal tioned, well-meaning—are determined of the missiles that were the subject of among Senators to stifle one of the to defeat every amendment, I hear, to the treaty. So are we to conclude that most important rights granted by the this bill, regardless of merit. So having we can amend arms control treaties Constitution to the Senate. That is the heard it, let me accept it as the truth but not trade agreements, or even leg- right to offer and have debate on and and proceed accordingly. I am embar- islation dealing with trade agree- votes on amendments. In the House, rassed to read that. I hope that it is ments? the rule guides debate and the number not true, that Members of this body Trade has now become a varsity and content of amendments that might would relinquish a critical Senate pre- sport in America, especially here in be offered to a bill. That is perhaps rogative, especially over so important Washington. It is very important to necessary in a body with 435 Members. an issue. Perhaps they would say: Well, our well-being, important to millions But the Constitution says: Each House it isn’t exactly relinquishing a preroga- of workers, important to the quality of may determine its own rules. The tive. Other Senators may call up our environment, important to the framers made the Senate a place where amendments, but we will vote them world’s environment. It is important to minority views, and small States, had down. They shall not pass. large industrial and service sectors, a an equal voice. If it is true, then we are just spinning matter of such importance that we Thus, West Virginia, a State con- our wheels here, are we not, by trying should at least pay careful attention to sisting of 24,000 square miles—as a mat- to fulfill our Constitutional role of reg- our constitutional responsibilities. The ter of fact, 24,231.4 square miles—is not ulating foreign commerce? We are just final product will be more in the na- a very large State when placed beside, spinning deep ruts in the Senate floor tional interest and Senators will have on a geographic map, the great State of by attempting to offer amendments to done their duty to their constituents New York, which is so ably represented improve this bill before we close off our and to our Nation, as it was envisioned and which has been so ably represented opportunity to annually review and af- by our Founding Fathers, if we debate by the senior Senator from New York, fect our relationship with China. this matter at length and if we offer Mr. MOYNIHAN. I have reviewed the House bill, some- amendments, debate them in good I oppose this legislation with due what cursorily, I admit. It is not that faith, and have votes up or down on apologies to my friend. And he is my the House-passed bill is a bad bill. It them and let the chips fall where they friend—a man of great wit, of great contains a number of reporting require- may. stature, a man of natural grace, a stu- ments that attempt to assuage con- Is it not possible that we might im- dent, a scholar, a teacher—PAT MOY- cerns about human rights and labor prove this legislation by the vote of a NIHAN. I apologize to him for having to rights in China. But without the goal majority here in the Senate? Suppose vote against this bill, but I shall do it of an annual renewal of NTR status be- one were to offer an amendment vital with gusto. hind it, what force does a report have to our security interest. It is not ger- The framers established the Senate to affect behavior in China? How can a mane, but there is no rule of germane- as a forum for unlimited debate and report protect American workers ness in the Senate except under rule unlimited amendment. Or did they? whose jobs are in jeopardy because of XVI with respect to appropriations

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17071 bills or when time agreements obtain Perhaps someone was listening to verbal claim to the status of devel- or when cloture is invoked. So why that advertisement I have heard on the oping nations, which would exempt her not? Why not offer subject matter that TV so many times: Do it now, do it from any sanctions with regard to sub- is important to our national security here. Well, we don’t do it now. sidies made to Chinese industries. My interest? China’s record on trade agreements is amendments would require reports on If there is a group of Senators who not stellar. Since 1992, six trade agree- China’s state-owned enterprises— have, by tacit understanding, by a ments have been made—and broken— what’s wrong with that?—and the ad- wink and a nod, or by words openly de- by China. In the last two years, we vantages they enjoy, which would bet- clared that they will oppose any and have seen the effects of dumping on the ter enable us to determine if China’s every amendment regardless of its U.S. steel industry, as well as on the actions are fair. complexity or its complexion or wheth- apple industry. So why are we rushing Another of my amendments would er it is good or bad or in between—if this vote? Why now? Why are we rush- add certainty to the sometimes exces- there is such a group of Senators, why ing this in such haste that we will not sively lengthy process used to deter- not abstain from that and let us vote? even seriously consider amendments mine if such subsidies have adversely Let us have a vote up or down and have that might improve the legislation? It affected U.S. companies and U.S. work- a vote based on the subject matter of is hardly perfect, sprung like Minerva, ers. These amendments will help us the amendment without any prior fully formed, from the forehead of better to protect American manufac- agreement, without any wink or nod, if Jove, or like Aphrodite from the ocean turers, American jobs, American work- there be such. Let us see where the foam. ers, and American families from unfair chips fall. In that vein, I have several amend- trade practices. Are we to say that this particular ments prepared which I believe could American trade negotiators have crowed that, in the U.S.-China Bilat- bill is the acme of perfection and we improve this agreement. One concerns eral Trade Agreement, the United should not have any further amend- prospective U.S. investments in the States has given up nothing, while the ments of any sort regardless of merit? Chinese energy sector. This amend- Chinese have made substantial conces- I don’t think that would be the right ment, if adopted, supports the market sions and have offered to significantly way to commence. for clean energy technology in China’s Once granted, PNTR will be difficult, lower tariff rates on certain goods. But admittedly booming economy. I believe though not impossible, to retract. Any I argue that the United States is giving this amendment would pass the Senate. attempt to withdraw PNTR status in up something substantial, though not I think it would command a decided the future, if it is granted now, will directly through the U.S.-China Bilat- majority in the Senate, if left to its cause an uproar, and not just in China. eral Trade Agreement. We are making The diplomatic crowd in the aptly own merits. Sales of such clean tech- our part of the bargain now. We are named Foggy Bottom here in D.C. will nology helps U.S. firms, of course, but giving up our annual review and exten- bleat that rejecting PNTR will upset also provide a mechanism for the Chi- sion of normal trade relations with delicate negotiations with the Chinese. nese to improve their air and water China in favor of a permanent normal The big business crowd will complain quality, a necessary step if China is trade relations status. And we are about lost opportunities to sell or in- ever to step up to what should be lead- doing it now, before China has to make vest in China. The Administration at ership role for her among the world’s a single concession as a result of the the time will prate erroneously about developing nations with regard to cli- bilateral agreement, which, like PNTR, Congress interfering with their sov- mate change. is contingent upon China’s accession to ereign right to conduct foreign affairs. Now I am all for dealing with global the WTO. But I suspect that the Chi- And even in Congress, bills might be warming. I am for the Kyoto Protocols, nese may also be gambling on the fact introduced, only to die an unremarked if China will get on board. So why not that having once made the plunge in death in some committee or on some have an amendment to that effect. granting PNTR to China, the United calendar. I have been here a long time. Let’s have a vote here in the Senate. States will give it to them even if they I have seen a lot of bills die and I know After all, by the year 2015 at the lat- never make it to the WTO, or even if a thing or two about how to kill them. est, China is expected—let’s see, I will the details of the bilateral change are So I know that undoing a thing is be serving in my tenth term; that will ignored. That is the way we are, and much harder to do than doing it in the be my tenth term. After all, by 2015 at the Chinese know it as well as I do. first place. It will be much harder to the latest, China is expected to surpass We have an obligation to our con- undo PNTR than it will be to grant it. the United States as the world’s lead- stituents and to the citizens of our So why are we apparently so gung-ho ing emitter of greenhouse gases. For great Nation to look out for their best to have this sham debate and vote now, her own sake, as well as for the future interests. The Constitution gives us a this year, this week or next? There is of all of us, China needs to step up to role. Yes, it does. This is the Constitu- no great urgency. The bill will not even the plate and tackle her role in ad- tion that I hold in my hand for all to take effect until China’s accession to dressing the global issue of climate see through that electronic eye. This is the WTO is voted upon. Why do it now, change. The United States would also the Constitution. Article I, section 8 just weeks after a damning report has benefit from this effort, as increased gives Congress the power to regulate been issued about China’s role in the volume of clean technology sales helps interstate and foreign commerce. So proliferation of missiles and missile to reduce prices and make the best why don’t we utilize that power? Why technology? Why do it now—why not technology more affordable to retrofit don’t we utilize it? The Constitution next week sometime or next month or on existing U.S. facilities. gives us a role in regulating foreign next year sometime—mere weeks after My other amendments are perhaps commerce. I am not sure that we per- Chinese authorities conducted another somewhat more specific in nature. In form that obligation very well. We raid on a so-called Christian sect that light of China’s less-than-sterling grant—I don’t—fast-track authority to resulted in three Taiwan-born Amer- record of abiding by previous trade the Executive to negotiate massive ican citizens and approximately 100 agreements, these amendments are fo- trade deals and leave ourselves without Chinese citizens being arrested for cused on increasing the transparency the ability to amend. We take away the meeting in worship? Why do it now, of Chinese Government subsidies made Senate’s right under the Constitution just months after Chinese officials to China’s many state-owned enter- to amend. We grant fast-track author- have made still more threatening ges- prises, and on improving existing U.S. ity to the Executive to negotiate mas- tures toward Taiwan? procedures for acting on dumping com- sive trade deals and leave ourselves Why do it now, before the final nego- plaints. China has made vague prom- without the ability to amend them, as tiations on the bilateral U.S.-Chinese ises about not dumping and about not we did with NAFTA and GATT, both of trade agreement, particularly the trade providing unfair subsidies to her enter- which I voted against—proudly, I voted subsidy portions, have been ironed out? prises. Yet China has also staked a against both.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17072 CONGRESSIONAL RECORD—SENATE September 6, 2000 My State certainly did not benefit State Department’s 1999 human rights not be more correct—that we have from those actions. West Virginia lost report on China concludes that the Chi- given up our right to amend the trade jobs and lost a lot of the diversity in nese Government’s ‘‘poor human rights agreements. But we did that in the its manufacturing base. China is an record deteriorated markedly through- aftermath of the disastrous experience, enormous potential market, perhaps, out the year, as the government inten- which was the Smoot-Hawley Tariff but she is also an enormous labor pool sified efforts to suppress dissent, par- Act of 1930. If you were to make a list competing for jobs and competing at a ticularly organized dissent.’’ Docu- of five events that led to the Second price advantage. Our economy is mented human rights violations in- World War, Smoot-Hawley would be strong, but we cannot all sit at com- clude torture and mistreatment of pris- one. We raised our tariffs to the 60-per- puter keyboards and be information oners, forced detentions, denial of due cent level by trading on the floor in the age technology wizards. As a Nation, process, and extra-judicial killings. most normal political process that we also need to actually make things Violent repression of all efforts to or- works very well in most matters. But and grow things. Production and farm- ganize independent union activity con- in trade it can be ruinous. We reached ing are important. But I would not in- tinues. a level of tariffs of 60 percent. We were vest in planting a new apple orchard Given such a record, it would seem in that early stage of a sharp market right now, with Chinese apples and unbelievable to many that the United crash. The economy was down. But it apple juice flooding the U.S. market. I States Congress would grant a green came back up. But with Smoot-Hawley, would think twice about establishing a light to PNTR with China, without so indeed imports dropped by two-thirds. new assembly plant or some factory much as even a nod toward conditions And exports dropped by two-thirds. The right now that faces competition from or amendments. British went off free trade into com- lower-paid workers in China, who do Are we to turn a blind eye to every monwealth preferences. The Japanese not have the same labor protections deeply held principle we have as a peo- went to the Greater East Asian Copros- that workers in the United States ple about justice, freedom, and right perity sphere. enjoy and deserve. The future is uncer- and wrong for the pie-in-the sky prom- In 1933, with unemployment rates of tain and cloudy. ises of economic gain? I hope not. For almost 33 percent, Germany elected Who will get the prize? Chinese or that would be much, much more than a Hitler chancellor. American workers? Will China be re- sell-out. That would be a shame. So under Cordell Hull, that great warded despite a history of broken Mr. President, I yield the floor. statesman from Tennessee, and Sec- trade agreements, weapons prolifera- The PRESIDING OFFICER. The Sen- retary of State under President Roo- tion, religious repression, poor labor ator from New York. sevelt, we began reciprocal trade agree- protection, and aggressive foreign pol- Mr. MOYNIHAN. Mr. President, I rise ments. We gave the President the au- icy statements? Will China be rewarded with deference and not a small measure thority to negotiate reciprocal reduc- before the final trade issues concerning of awe at the continued erudition of tions in tariffs without coming back subsidies have been inked in? Or will my colleague from West Virginia. The for the formal approval of the Con- American workers enjoy a respite? Will first decision I made when I came to gress. This was the predecessor of, the American concerns for security, human the Senate was to support him for ma- precedent for, the fast track procedures rights, and fair trade hold sway for a jority leader, and I have not made one that were established in the Trade Act little while longer? I say to my col- of equal consequence since. None has of 1974. In effect, the Congress itself leagues, let it wait. Let it wait. This given me greater pleasure. said we will deny ourselves this temp- debate, this vote, can wait until we I say on the question of amendments tation, if you like. We can always take have the leisure and the will to do it that it is a point of significance. When it back. right. If we persist in this misguided the Finance Committee reported a Indeed, right now the President has charade of a debate with no intention measure on its own, it was a two-page no fast-track authority. It expired in of considering any amendments on bill. It was not a complicated matter. 1994. He could not get it in the atmos- their merits, I will fulfill my obliga- It was just agreed to. It will allow us to phere of the divided parties. tions. I will offer amendments—good reap the benefits of an agreement that It is that atmosphere, too, that leads amendments, useful amendments, not was reached between two countries. us to believe that we should not send dilatory amendments. I hope they will Now, I must say with absolute open- this measure back to the House. It had not be tabled simply to avoid a vote up ness—and I hope always to be such. been thought that the permanent nor- or down, to avoid going to conference. Yes. It is the hope of the managers of mal trade relations bill might pass by At this time, I believe it would be ex- the legislation that the Senator from two or three votes. It was more, but tremely unwise to simply rubber stamp Delaware, the chairman of the Finance not overwhelming. As the Senator from the House bill and approve PNTR with Committee, and the ranking member, West Virginia knows, here in the Sen- China without amendments. that we not amend the House bill. We ate Chamber 86 votes were cast in July Granting PNTR to China with no have agreed to take up H.R. 4444, be- on the motion to proceed. amendments and no conditions signals cause if we amend it with a semicolon, I want to be open about this matter, that the U.S. Congress has given up on it will require us to go back. The bill if I can, and as I am. There is nothing putting worker rights and environ- will go back. I do not have to tell the more to say than what I have said, save mental standards on the international Senator. It will have to go to con- that I believe I have more time—pos- trade agenda. Coupled with the rhet- ference and pass the House again, and sibly 3 hours—apportioned to me in oric of the President, the Vice Presi- then come here and pass the Senate. this debate. If the beloved President dent, and the U.S. Trade Representa- Time has run out. This would have pro tempore—and all of those things— tive in support of PNTR, congressional been a wholly acceptable and sensible would wish more of my time to speak acquiescence will reduce American approach in May, but here we are in further, he would only have to ask. credibility on labor and environmental September of an election year in the Mr. President, I yield the floor. issues to virtually nothing. last weeks of the Senate. The PRESIDING OFFICER. The Sen- At this time, it is not known whether So the Senator from West Virginia is ator from West Virginia. China will actually apply for member- right. He said he has read it in the Mr. BYRD. Mr. President, I thank ship in the WTO. But one thing is newspapers. I stand here to tell him the very distinguished senior Senator clear; the Chinese Government has not that it is the case. I hope we made no from the State of Alexander Hamilton, wavered in its absolute opposition to effort to conceal this. It is simply our New York. Alexander Hamilton was the any consideration of labor rights and judgment and the administration’s only one of the New York delegation social standards in the WTO. Despite judgment. who finally signed the Constitution. He claims that a market economy is I would like to say one last thing was one of the truly great statesmen in bringing democracy to China, the U.S. about fast track. The Senator could the early life of this Republic. He

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17073 helped guide the people of that delega- in a particular matter. He doesn’t go preted the Framers intent regarding tion at the Convention to a resolution out of this Chamber and carry it with the establishment clause and perhaps concerning this great document, and him. We all love him, and we will all more to the point the free exercise one who helped, along with John Jay hate to see him go. But I will say to clause of the first amendment. and James Madison, to write those, if I him, of his illustrious words that have During my remarks, I called for a might use the word, ‘‘immortal’’ pa- been spoken in the Senate so many Constitutional amendment which pers, the Federalist Papers. He helped times, I have very carefully listened to might help to clarify the Framers’ in- to win the approval of the State of New them, and they will never dim from my tentions. I even wrote to both Presi- York for the Constitution. memory. dential candidates, with the hope of fo- There is no one with whom I would The PRESIDING OFFICER. The Sen- cusing attention on the matter, and rather, very honestly, discuss this par- ator from New York’s time has expired. thereby starting a national conversa- ticular subject in the Senate than the Mr. MOYNIHAN. I ask for an addi- tion about the proper place of religion Senator from New York because I am tional 1 minute to thank my illus- in our public life, in our political life, so opposed to the view that he has just trious, incomparable colleague for his in our country’s life. expressed. I am so opposed to it. I could remarks. My friend, JOE LIEBERMAN, has done with much greater passion say that if I yield the floor, and I suggest the ab- this Nation a great service by making it were someone else. sence of a quorum. his belief that faith-based principles I respect the Senator. I admire him. The PRESIDING OFFICER. The and religion must and ought to have a I know he was and is the great teacher. clerk will call the roll. place in our national policy and in our I wish I had had the good fortune to sit The assistant legislative clerk called discussions about directions and prior- in a class and listen to Senator MOY- the roll. ities. NIHAN speak as a Professor. Mr. BYRD. Mr. President, I ask unan- To my utter amazement, however, I am proud to say that I had much to imous consent that the order for the JOE LIEBERMAN has been misunder- do with Senator MOYNIHAN’s being a quorum call be rescinded. stood, and even maligned by some. member of the Finance Committee, as The PRESIDING OFFICER. Without My colleague, now a candidate for he also had to do with my becoming objection, it is so ordered. the second highest office in the land, is majority leader. Mr. BYRD. Mr. President, inasmuch not trying to force his religion or any But I am very, very much opposed to as no Senator seeks recognition, and religion down the throats of any un- this approach. I am very, very much there is a little time remaining before willing recipient. Nor is JOE opposed to and somewhat chagrined the Senate goes back to the appropria- LIEBERMAN claiming, at least I do not and disappointed, I say with due apolo- tions bill dealing with energy and read his remarks in this way, that a gies to my friend, at the philosophy water, I ask unanimous consent that I person cannot be moral if that person which seems to govern the Senate at may speak for not to exceed 10 minutes is not religious—even though I have to the moment with respect to this legis- without the time being charged against say that George Washington made it lation, with respect to not adopting time under the rule. clear that without religion, morality amendments. The PRESIDING OFFICER. Without cannot prevail; George Washington, in The distinguished Senator has had no objection, it is so ordered. his Farewell Address. So, upon that au- hesitancy whatever. He is not doing f thority I would rest my case. JOE something behind closed doors or under LIEBERMAN is simply saying that in the table or under the desk, but sitting FAITH AND POLITICS trying to assure that no one is coerced it on front of the desk: This we are Mr. BYRD. Mr. President, I rise into embracing any one religion, or doing and this is why we are doing it. today to congratulate Vice President any religion, for that matter, the pen- He honestly believes that is the best GORE on his particularly fine choice of dulum may have swung too far. JOE for his country. I admire that. I respect a running mate for the coming Fall LIEBERMAN is simply expressing his the Senator for that forthrightness. He election. own, and many other people’s views, would not be otherwise but forthright. JOE LIEBERMAN is an able Senator. that it sometimes appears that persons I respect his reasons, therefor. How- More importantly, he is a sincere and of religious faith are not allowed their ever, I cannot agree with him. I am to- thoughtful Senator. He really fits no full freedom to practice and live their tally, absolutely, unchangeably, unal- ideological sleeve, although some are various faiths as their consciences dic- terably set in my viewpoint that this is already busily trying to label him. JOE tate. He wants to have a national con- not the right thing to do; it is not in LIEBERMAN is his own man, I believe. versation about that, and I applaud his accordance with the Constitution of He follows his own conscience, I am courage, for it is a subject easily mis- the United States; it is not in accord- confident of that, as even these early understood. ance with the wishes, the intentions of days of the Presidential campaign have Political correctness gets in the way the framers. So be it. I am not going to already demonstrated. of all too many things in this country argue that point. We will just disagree Senator LIEBERMAN has firmly of ours. I am not a subscriber of polit- and be as great friends as we have ever gripped the national political steering ical correctness by any means, shape or been. And the Senator will win when wheel, and he is bravely addressing one form. It has gotten in the way of an we cast our final vote on this. His con- of the more fundamental issues before honest and open dialogue about how to science will be clear and mine will be this Nation, namely the erosion of allow for the open expression of faith- clear. faith-based values from public life and based values and practices for those My State has lost under these trade public policy and the consequences of who want those things in their lives, agreements—GATT. Our country has that regrettable loss. without infringing on the rights and lost under NAFTA. It is my under- On July 17, I took this Senate floor beliefs of those who don’t. standing that we have lost 440,000 to express my own general concern and In my humble opinion, we must, as a workers in this country as a result of alarm over the direction this nation Nation have this dialogue. The pen- NAFTA. Those are the statistics my seems to be taking when it comes to dulum has swung too far. The Framers staff has been able to get from the ad- spiritual values. My speech on that oc- did not intend surely for a totally sec- ministration. casion was aimed in particular at a re- ular society to be forced on the popu- As I say, I will not belabor the point cent Supreme Court decision regarding lace by government policy. They only further. I thank the distinguished Sen- voluntary prayer at a high school foot- wished for individuals to be free to em- ator for leadership that he has given ball game, but my remarks reflected brace whatever faith they wished, or the Senate. He is a man who has al- my long-held general view that the Su- none at all, if they desired none. ways enjoyed the respect of his col- preme Court has gone too far on such Prayer abounds throughout the leagues whether he agrees or disagrees matters, and has increasingly misinter- speeches of our great men. References

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17074 CONGRESSIONAL RECORD—SENATE September 6, 2000 to God virtually drip from our public The PRESIDING OFFICER. Without the same is not true about our ability buildings, and invocations of the Cre- objection, it is so ordered. to enter China’s markets. This bill, and ator’s blessing crop up at every impor- The Senator from California is recog- the accompanying accession of China tant public gathering throughout our nized. to the WTO, changes that. This bill history. We have wandered off the Mrs. FEINSTEIN. I thank the Chair. opens up their markets to the United Framers’ track on this, and we need to (The remarks of Mrs. FEINSTEIN and States. This bill lowers tariff and non- work toward a better understanding of Mr. SPECTER pertaining to the intro- tariff barriers to our goods and serv- what was intended, what was to be pro- duction of S. 3007 are located in today’s ices. This bill gives us a level playing tected and why. RECORD under ‘‘Statements on Intro- field. In other words, it is a win-win I hope that our fine colleague, Mr. duced Bills and Joint Resolutions.’’) situation for the United States. LIEBERMAN, continues to try to further Mrs. FEINSTEIN. I thank the Chair. It is estimated that in the first year the conversation. Not to do so would be I yield the floor and suggest the ab- after this bill is enacted, and China ac- detrimental. I fear that the misunder- sence of a quorum. cedes to the WTO, our trade with China standing about this issue is huge and The PRESIDING OFFICER. The will increase by $14 billion; in other growing. There is a new sort of intoler- clerk will call the roll. words, almost double today’s volume. ance about religion that I find most The assistant legislative clerk pro- And that translates into more jobs for disturbing. It has become the thing we ceeded to call the roll. U.S. workers and U.S. companies. don’t talk about, because it is not po- Mrs. FEINSTEIN. Mr. President, I To use my home State of Wyoming, litically correct, so many of us are ask unanimous consent that the order as an example, which is not a large ex- driven into a closet. It is seen as a di- for the quorum call be rescinded. port State, China ranked as Wyoming’s vider in our culture, instead of the The PRESIDING OFFICER. Without 15th largest export destination in 1999; force for good it certainly can and objection, it is so ordered. that is up from 16th in 1998 and 19th in should be. Mrs. FEINSTEIN. Mr. President, 1997. Our largest exports are agricul- Where we do not want to go, and under rule XXII of the Senate, I ask tural products, such as beef, grains, where we have rapidly been heading, is unanimous consent that my hour to and, in addition to that, minerals. toward an instituted governmental pol- speak under cloture for the motion to Under this agreement, Wyoming icy which is prejudiced against all reli- proceed be yielded to Senator MOY- farmers and cattlemen will no longer gion. We need to think long and hard NIHAN. have to compete with export subsidies about this together, as a country. How The PRESIDING OFFICER. Without China uses to make its agricultural sadly ironic it would be if, after over objection, it is so ordered. products unfairly competitive. China 200 years, a nation grounded in religion Mrs. FEINSTEIN. I yield the floor, has agreed to eliminate sanitary re- and founded by religious men and and I suggest the absence of a quorum. quirements which are not based on women, with shining faith-based ideals The PRESIDING OFFICER. The sound scientific bases and which act as about equality, fairness, freedom, and clerk will call the roll. artificial barriers to products from justice, and decades of effort to make The assistant legislative clerk pro- America’s Northwest, which includes those ideals a reality, wound up re- ceeded to call the roll. Wyoming. Wyoming producers will flecting in its laws and policies a preju- Mr. THOMAS. Mr. President, I ask benefit from a broadening of the right dice against religion and religious peo- unanimous consent that the order for to import and distribute imported ple. the quorum call be rescinded. products in China, and from wide tariff f The PRESIDING OFFICER (Mr. cuts on a wide range of products. VOINOVICH). Without objection, it is so To illustrate, under the agreement, SENATOR DIANNE FEINSTEIN’S ordered. China has cut its tariff on beef from 45 INJURY Mr. THOMAS. What is the order of percent to 12 percent. It has cut its tar- Mr. BYRD. Mr. President, I yield the business? iff on pork from 20 percent to 12 per- floor—I seek recognition again for 1 The PRESIDING OFFICER. The Sen- cent. And, significantly for a great minute simply to express my joy in ate is in a postcloture situation on the number of my constituents in Sweet- seeing my friend and our illustrious, motion to proceed to the PNTR. water County, it will reduce its exorbi- highly respected, and able colleague, f tant tariffs on soda ash—90 percent of DIANNE FEINSTEIN, back with us on the which is mined in Wyoming—from dou- TO AUTHORIZE EXTENSION OF floor today. We are sorry that misfor- ble-digits to 5.5 percent. tune has for the moment seen fit to not NONDISCRIMINATORY TREAT- Passage of this bill means fewer bar- deal with her fairly, but in time all will MENT TO THE PEOPLE’S REPUB- riers to U.S. exports. Fewer barriers be corrected and I am sure she will be LIC OF CHINA—MOTION TO PRO- mean more exports, and more exports just as always, as new. She is a fine CEED—Continued mean more jobs for Wyoming farmers, Senator. She is a great friend of mine. Mr. THOMAS. I will proceed with ranchers, cattlemen and small business I consider her to be someone we should PNTR on that basis. I thank the Chair. owners. all try to emulate. It might be very dif- Mr. President, as chairman of the I don’t need to tell my colleagues ficult for some of us to emulate her. Subcommittee on East Asian and Pa- about the present sorry economic state But we are proud of her, proud of the cific Affairs of the Senate Foreign Re- of many of our agricultural sectors and work she does. I salute her today, and lations Committee, I rise today in small businesses. The key to their con- I yield the floor. strong support of H.R. 4444, a bill to es- tinuing viability and growth is increas- Mrs. FEINSTEIN. I thank the distin- tablish permanent normal trade rela- ing their share of foreign markets. It is guished Senator from West Virginia. I tions with the People’s Republic of for that principal reason that I support very much appreciate those comments. China. this bill and for China to go into the Last Friday night, I took a tumble Let me begin today by disposing of WTO. Clearly, it is going to be more down stone stairs and managed to have the principle argument offered by op- advantageous for us to deal with the a compound fracture of my tibia and ponents of this bill—that this bill People’s Republic of China through crack a couple of ribs, so I can’t say I somehow is a ‘‘gift’’ to the PRC, a re- this organization than on a unilateral am none the worse for wear, but I ward. To hear the opponents of this bill basis which we have done for the last thank the Senator very much for his talk, you would think that we were on number of years. By the way, this same warm words. I greatly appreciate it. the losing end of this equation. trade arrangement has been available Mr. President, I ask unanimous con- However, examining the basic facts to them on an annual basis. sent to speak for some time in morning shows there is a fatal flaw in that as- Let me make one more observation business for the purposes of intro- sertion. Our markets are already open before moving on. Defeating the bill ducing a bill. to the Chinese and to Chinese goods; will not keep the PRC out of the WTO.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17075 China will accede to that body regard- makes us feel good or do we want before some of those things happen. I less of what we do this week, regardless something that works? am sure that is true. I believe, how- of whether or not we want it. We don’t I don’t believe you can unilaterally ever, that we do speed its pace by pass- have a veto over their admission, and isolate a country such as China. Cut off ing this legislation. I also believe that we make it sound as if that is the case trade and the European Union is more Chinese accession will remove a major from time to time. than happy to step in, sell China irritant in our relationship. Whenever What defeating this bill will do, how- Airbuses, as I mentioned, in place of we have a disagreement with China ever, will be to deny us the benefits of our Boeings. Cut off military-to-mili- over trade relations, be it intellectual an open Chinese market, at least a tary exchanges and we lose the oppor- property or market access or whatever, more open Chinese market. It would tunity to impress the PLA with the our reaction is to apply some unilat- allow China to keep its doors closed. It vast superiority of our military while eral sanctions on China, sanctions would give our allies and competitors a improving increasing mutual distrust which only serve eventually to limit huge advantage over us. among our two militaries. Cut off high- the rest of our relationship and our ex- I was there a while back, when we tech transfers and Beijing simply gets ports to that country. It is ineffective had a feud going on between the United it somewhere else. Add that to the fact here and it has been ineffective other States and China. They canceled large that foreign governments rarely react places. We have removed a number of orders from Boeing and bought kindly to ultimatums from other gov- those sanctions this year. airbuses from France. That is the way ernments—take, for example, how we By bringing China into the WTO, we the world has become. They can do in the U.S. would react to another turn trade disputes from unilateral that. It would set in stone our present country if they told us how to manage into multilateral issues. We transform trade regime where 40-percent tariffs our affairs—and I believe the unwork- the dispute from ‘‘I said/he said’’ to one are the norm, not the exception. That ability of the ‘‘isolationist solution’’ mediated by an independent inter- is what would happen if we don’t pass becomes self-apparent. national body. We thereby lessen the this bill. Instead, I believe the best way to in- irritation of bilateral affairs while at These are not the only bases for my fluence China is to engage it, to draw it the same time increasing the likeli- support. Unlike some of my colleagues, inextricably into the world commu- hood that China will find a remedy to I believe China is changing for the bet- nity, to expose it to the world of ideas. the problem. ter and that admitting them to the In 1995, on my first trip to China as For all those reasons, I support H.R. WTO will, hopefully, speed that proc- subcommittee chairman the difference 4444. ess. One has only to compare the China that contacts and trade with the West Before I close, let me add a word or of 1978—the China of the Cultural Rev- made in the PRC were clearly evident. two about possible amendments which olution, of Mao suits, and Marxism- I have not traveled there over the may be offered for consideration. Re- Leninism-Mao Zedong theory—with years as many people have, but just in gardless of their relative merit, I, as the China of 2000, the China of the eco- the last few years there has been great Senator ROTH, chairman of the Finance nomic revolution, to see that changes change. Perfect? Absolutely not. More Committee, and many others am are indeed both substantial and wide- change is needed, of course. strongly opposed to adding any amend- spread. In Beijing, the vast majority of the ments to the China PNTR bill. Any This is not to say that everything is population was still riding bicycles. amendment will only have the effect of great there. That is not really part of There were, 5 years ago, very few pri- killing it for this year, since amending the discussion. Of course, there are a vate cars, and political questions, espe- would require it to be sent back to the number of things that need to be done. cially in Taiwan, and the party line conference committee. Once in con- The country continues to have an abys- were the sole topic of discussion. In ference, it is unlikely the bill would mal human rights record, to stifle po- Shanghai, bicycles were replaced by emerge before we adjourn sine die. We litical dissent, to subjugate Tibetans, mopeds and more private cars. While only have some 20 legislative days re- to stridently attempt to cow Taiwan Taiwan and ‘‘one China’’ were still top- maining in this session and a full plate into submission. All these things con- ics of discussion, individuals I met of domestic appropriations and legisla- tinue to go on. No one likes that, but there were more interested in talking tion with which to deal. It would be a that is not really the issue. The issue is about trade, what they could do to fa- herculean task under any cir- how can we best bring about change. cilitate economic change and growth. cumstances, but this year makes it There is no argument in this Senate In Guangzhou, there were fewer bicy- more difficult because, of course, some as to whether China needs to change. cles or mopeds to be seen. Private cars, on the other side of the aisle are doing We all agree it does. I believe the real including BMW and Mercedes Benz, ap- everything they can to stall the proc- issue is how do we effectuate that peared to be the norm. Politics wasn’t ess. We hope that won’t continue to change. Do we do it by continuing to talked about a great deal. happen. attempt to isolate China, as some The lesson was quite clear. The es- There is not, realistically, enough Members would have us do, by pushing tablishment of the rudiments of a mar- time for a conference and to pass it them away from us, or do we accom- ket economy coupled with trade with back through both Houses. It is clear plish the task by seeking to engage the outside world leads to increased the House fully supports the present China, by drawing it further into the personal wealth and to increased per- unamended version. It passed by a vote community of nations, by giving its sonal entrepreneurship. That in turn of 237–197. So does a vast majority of people an opportunity to see how oth- leads to an increased interest in and the members of the Senate Finance and ers live in the world and then become expectation of growth and certain basic Foreign Relations Committees, and so impatient to make that transformation personal freedoms. We have seen that do I. for themselves? same development in Taiwan and Mr. President, despite all the hyper- We can see that happening in a num- South Korea where authoritarian gov- bole about passage of H.R. 4444, it does ber of places around the world. Is it too ernments have been replaced by thriv- not mean we are selling out to the Chi- slow? Sure. Isolating China off by itself ing democracies over the last 20 years. nese, that we are telling them it is all is to some a feel-good position, a solu- The same hopefully will happen with right to proliferate, to abuse human tion for some people. Improve your China. Once the genie is out of the bot- rights, or to threaten Taiwan. It means human rights record or we will cut off tle, there is no putting it back. The we expect them to play by the same trade. Stop threatening Taiwan or we march toward an open democratic soci- rules we do; we expect them to be a re- will cut off military exchanges. Stop ety will happen. The only question is sponsible member of the world commu- selling military hardware to other how long it will take. nity, and we expect to be able to reap countries or we will cut off high-tech I am told by experts that in Asia it the same benefits they do from an ever- transfers. Do we want a policy that probably takes a generational change expanding global economy. No more,

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17076 CONGRESSIONAL RECORD—SENATE September 6, 2000 no less. The bill is good for the United The PRESIDING OFFICER. The five amendments each to be filed by States, good for U.S. companies, good clerk will call the roll. Senator DOMENICI of New Mexico and for U.S. workers, and good for the U.S. The legislative clerk proceeded to Senator REID of Nevada, and those be consumers. call the roll. filed no later than 7:30 p.m. tonight, In the final analysis, this is good for Mr. LEAHY. Mr. President, I ask and that all first-degree amendments China because it will undoubtedly unanimous consent that the order for be subject to relevant second-degree bring about the kind of changes that the quorum call be rescinded. amendments. many would like to see in that coun- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without try, including many Chinese. Many objection, it is so ordered. objection, it is so ordered. Chinese would like to see democratiza- The Senator from Vermont is recog- Mr. DOMENICI. Mr. President, I note tion, rule of law, and respect for basic nized. the presence of the distinguished Sen- fundamental human rights. Mr. LEAHY. I thank the Chair. ator from the State of Missouri, Mr. For all these reasons, I urge my col- (The remarks of Mr. LEAHY per- BOND. I say to the Senate, since the leagues to support the passage of H.R. taining to the introduction of S. 3011 amendment that we are now going to 4444. are located in today’s RECORD under take up for up to 3 hours this evening Mr. SCHUMER. Mr. President, I rise ‘‘Statements on Introducted Bills and has to do with the upper and lower Mis- to echo the remarks made yesterday by Joint Resolutions.’’) souri River debate, I am not going to Chairman ROTH and also to concur Mr. LEAHY. Mr. President, I suggest manage any of that. I am going to let with my friend and senior colleague the absence of a quorum. the management be in the hands of from New York, PAT MOYNIHAN, regard- The PRESIDING OFFICER. The Senator KIT BOND, if he does not mind, ing China’s compliance, or lack there- clerk will call the roll. in my stead. I join him in his effort. He of, with the U.S.-China bilateral agree- The bill clerk proceeded to call the knows that. But nonetheless, it is his ment signed as part of China’s admis- roll. issue. I prefer to have him managing it. sion to the World Trade Organization. Mr. SPECTER. Mr. President, I ask Mr. DASCHLE. Mr. President I sug- I am concerned that after laboriously unanimous consent that the order for gest the absence of a quorum. working out a bilateral trade agree- the quorum call be rescinded. The PRESIDING OFFICER. The ment that addressed myriad economic The PRESIDING OFFICER. Without clerk will call the roll. issues, China seems to be picking and objection, it is so ordered. The assistant legislative clerk pro- choosing which aspects of the agree- ceeded to call the roll. f ment to follow and which to ignore. A Mr. DASCHLE. Mr. President, I ask prime example is insurance. Under the ENERGY AND WATER DEVELOP- unanimous consent that the order for bilateral agreement signed last Novem- MENT APPROPRIATIONS ACT, the quorum call be rescinded. ber, China agreed to preserve the exist- 2001 The PRESIDING OFFICER. Without ing market access currently enjoyed by The PRESIDING OFFICER (Mr. objection, it is so ordered. foreign insurance companies. In other SMITH of Oregon). Under the previous AMENDMENT NO. 4081 words, under the agreement, a foreign- order, the hour of 6 p.m. having ar- Mr. DASCHLE. Mr. President, I have owned insurance company in China rived, the Senate will now resume con- an amendment at the desk and ask for would be able to continue to operate sideration of H.R. 4733, which the clerk its immediate consideration. and to add new branches and sub- will report. The PRESIDING OFFICER. The branches as a wholly-owned company The legislative clerk read as follows: clerk will report. once China entered the WTO. Less than A bill (H.R. 4733) making appropriations The assistant legislative clerk read a year after this historic and pains- for energy and water development for the fis- as follows: taking agreement was signed, China is cal year ending September 30, 2001, and for The Senator from South Dakota [Mr. unilaterally rewriting the rules and other purposes. DASCHLE] for Mr. BAUCUS, for himself, Mr. treating these grandfathered compa- Pending: DASCHLE, and Mr. JOHNSON, proposes an amendment numbered 4081. nies like new entrants into the China Domenici amendment No. 4032, to strike market. This puts the very companies certain environmental-related provisions. Mr. DASCHLE. Mr. President, I ask that invested in China’s economic Schumer/Collins amendment No. 4033, to unanimous consent reading of the growth at a competitive disadvantage establish a Presidential Energy Commission amendment be dispensed with. to new entrants. to explore long- and short-term responses to The PRESIDING OFFICER. Without Fundamental to the foundation of domestic energy shortages in supply and se- objection, it is so ordered. the U.S.-China bilateral agreement, to vere spikes in energy prices. The amendment is as follows: China’s ascension into the WTO, and to The PRESIDING OFFICER. The Sen- (Purpose: To strike the section relating to the possible establishment of Perma- ator from New Mexico. revision of the Missouri River Master nent Normal Trade Relations with Mr. DOMENICI. Mr. President, I have Water Control Manual) China is the belief that agreements will a request that the leader asked me to On page 58, strike lines 6 through 13. be honored, not on a piecemeal basis, make that has been cleared on both The PRESIDING OFFICER. There but fully. This ‘‘interpretation’’ by the sides. are 3 hours of debate on this amend- Chinese government on insurance be- I ask unanimous consent that imme- ment. gins to cast doubts about whether iron- diately following the Thursday morn- The Democratic leader. clad agreements with China will truly ing vote relative to the Missouri River Mr. DASCHLE. I thank the Presiding be completely and totally honored. provision in the energy and water ap- Officer. I still intend on supporting PNTR for propriations bill, the Senate then pro- Mr. President, this issue really has a China, but I am disappointed that ceed to a vote on the adoption of the very fundamental premise. The issue China appears to be backsliding on its motion to proceed on H.R. 4444, not- is: Can we use the best information agreement regarding insurance. I hope withstanding the provisions of rule available to us to manage the Missouri that the Chinese leadership will adhere XXII. River, to manage it in a way that rec- to the agreements signed last year on The PRESIDING OFFICER. Without ognizes the sensitive balance that ex- insurance, and absent that, I hope the objection, it is so ordered. ists today—environmentally, industri- Administration continues to apply Mr. DOMENICI. Mr. President, I ask ally, agriculturally, recreationally? forceful pressure to see that China unanimous consent that with respect Can we take the best information we keeps its end of the bargain. That is to the energy and water appropriations have available to us and put together the essence of free, fair and open trade. bill, all first-degree amendments must the best management plan recognizing I yield the floor and suggest the ab- be filed at the desk by 6:30 p.m. this that balance? That is the essence of the sence of a quorum. evening, with the exception of up to question before us.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17077 My distinguished colleague from Mis- What is amazing to me is that we do traffic. We will not even let the Corps souri, Senator BOND, has said: I don’t this with the recognition that the consider, even think about the possi- want the Corps of Engineers to alter barge industry today is minuscule, val- bility of changing the master manual, the manual that has been used now for ued at $7 million—that is million with regardless of the facts. Don’t confuse more than 40 years. His view is that the an ‘‘m’’—and it transports less than 1 us with the facts. We are going to pro- manual that was written in the 1950s percent of all agricultural goods trans- tect the barge industry, and it does not and adopted in approximately 1960 ported in the upper Midwest. Talk matter what the costs are. ought to be the manual that we use about the tail wagging the dog. This is We will have to face extraordinarily from here on out, and he wants to stop the tip of the tail wagging the tail and problematic ramifications of this pro- in its tracks any effort to consider the dog. The legs, the head, you name vision for all of these other very crit- whether or not the Missouri River it, it is all wagging because of the tip ical priorities, including the ecology of management reflects today that sen- of the tail. the river. Three endangered species are sitive balance. These charts reflect the current cir- headed towards extinction: the piping I think it is wrong to say to the cumstances on the river. This is the plover, the least interior tern, and the Corps of Engineers—to say to any Fed- barge traffic that was first projected. pallid sturgeon. Two fish species are eral agency—we don’t want you to look They thought, when they wrote the candidates for listing on the endan- at the facts. We don’t want you to look master manual, that about 12 million gered species list. But that isn’t the at the information. We don’t want you tons of traffic would be carried by only thing this fight is about. What to take into account that delicate bal- barge on the river on an annual basis. this fight is all about is whether or not ance. We want you to blindly follow That was the estimate when the man- we can recognize the delicate balance whatever decisions you made in 1960—I ual was written in 1960. I was about 10 that exists today. might add, before even all the dams on years old, I suppose, when that manual This fight is not about endangered the Missouri River were built—and we was written. The Corps, of course, did species. This fight is about an endan- want you to follow that verbatim. the best they could projecting what gered river. This fight is about whether We can’t afford to do that. The deci- they thought would be the level of traf- or not the health of the Missouri can sions that we make on the Missouri af- fic, 12 million tons. But as oftentimes be secured. That is what this fight is fect the decisions we make on the Mis- is the case, they made a mistake. It about. This fight is about restoring sissippi and on virtually every other wasn’t 12 million tons. By 1977, it was balance to management of the river. river in this country. For us to freeze only 3 million tons. And guess what. We will never go back to the days of in place whatever decisions may have Current traffic is not 12, it is not 3, it Lewis and Clark, the pre-dam period. been made decades ago, and say it must is 1.5. That is all the traffic there is, 1.5 That will never happen. But there are not change, is putting our head in the million tons, representing three-tenths things we can do through good manage- sand and, I must say, endangering the of 1 percent of all agricultural traffic. ment that will give us the opportunity health and the very essence of the river What is really amazing—as I said a to make the river as vibrant as it can for years, if not decades, to come. moment ago, is that this is a classic be. But we cannot do it if the current It was in 1804 that Meriwether Lewis example of the tip of the tail wagging and William Clark set out on their provision in this bill stays intact and the rest of the tail and all of the dog. Corps of Discovery expedition to ex- becomes law. Look who has sacrificed. Navigation Recognizing that, the question is plore the Missouri River and search for provides roughly $7 million in benefits whether or not we will let the Corps be a passage to the Pacific Ocean. Stephen Ambrose wrote an extraor- annually, compared to $85 million in the Corps, whether or not we will allow dinary book, ‘‘Undaunted Courage,’’ recreational benefits. It compares to the Corps to go through the legal proc- that I just reread over the summer. I $415 million in flood control, $542 mil- ess involved in evaluating what is best must say, I do not know that there is lion in water supply projects and prior- for the river and change the manage- a better book about what they found ities of all kinds, and $677 million, two- ment plan to reflect a more fair bal- and the splendor that they discovered thirds of $1 trillion, in hydropower. Yet ance. having traversed the entire Missouri we have written a manual, incredibly, That is all we are asking. Let us River. that says we are going to let this min- come up with a plan that allows us in Along this expedition, Lewis and uscule $7 million industry dictate what the most complete way to analyze Clark encountered a wild river, teem- is best for the 85, the 415, the 542, and what is happening to the river, what is ing with fish and wildlife, that rose the $677 million. Figure that out. Who best for the river, what can be done in every spring to carry the snowmelt in his right mind would say that some- Montana and the Dakotas and Iowa and from the Rocky Mountains and shrank how we ought to let that minuscule Missouri and all the way up and down back in the summer as part of the an- amount dictate what is best. Forget the Missouri River to ensure that the cient and natural flow cycle. That is the ecological and environmental fac- health and vitality of that river can be what the river did; that is what most tors for a moment. sustained and even improved upon. rivers do. I go back to my original point. Barge That is what the Corps is trying to do. Since that historic trip, we have con- traffic today is three-tenths of 1 per- What the Corps is simply trying to do structed six major dams and we have cent. If I had not magnified this slice, is to say, look, we can do a better job forever changed the flow and the char- you couldn’t even find it in this pie. than we did in the 1950s and 1960s in acter of that river. The last earthen Roughly 99.7 percent of all agriculture managing this river. We can reflect the dam was completed during the admin- produced in the Upper Midwest doesn’t new balance, and the recognition must istration of John F. Kennedy. To man- go by barge. How does it go? It goes the be made that things have changed dra- age the dams, the Corps produced, in way the rest of the country. It goes by matically since the fifties and sixties. 1960, as I noted a moment ago, a man- rail and by truck. So why would we We need to reflect that change in the agement plan, that we call the master threaten to throw even more out of kil- master manual itself. manual. That manual caters primarily ter the ecological priorities of the river Here is the process; the process is to barge traffic on the Missouri River by putting barge traffic first? Why pretty simple. A preliminary draft of at the expense, virtually, of everything would we endanger hydropower, water the EIS, environmental impact state- else, at the expense of fish and wildlife, supply, flood control, and recreation? I ment, was completed all the way back at the expense of agriculture, at the ex- cannot answer that question. in 1998. Following that, there was a co- pense of recreation, at the expense of But that is not even the question we ordination and public comment period ecological considerations, at the ex- are facing tonight. There are those on that lasted through January of 1999. pense of the environment, at the ex- the other side who have said: We don’t That period allowed tribal and public pense of people virtually north of the care what factors are out there. We officials to respond to the preliminary State of Missouri. don’t care what percentage is barge revised draft of the environmental

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17078 CONGRESSIONAL RECORD—SENATE September 6, 2000 statement. Then we went on to the fish is how strongly the administration The low summer flows, or split sea- and wildlife consultation and biologi- feels about it. It will be vetoed. So we son, exposes the sandbars during the cal opinion phase, which some of our can play this game as long as our col- critical nesting time, so that the birds colleagues on the other side of the aisle leagues wish to do so. But let’s make have sufficient room to nest and so tried to stop just recently. They want- one thing clear. This will not become that the nests don’t get flooded. To ed to kill that, to move it so we would law. This will not become law because prevent any potential downstream not have the opportunity to consider it is just too important. flooding, the Corps, Fish and Wildlife very carefully what the scientists and I don’t fully appreciate the reasons Service, and others, have already biological experts have said about the my colleagues on the other side of the thought about addressing the concern quality of life on the Missouri today. aisle are opposed to even allowing the of some downstream who are under- They wanted to kill it. process to go forward, given what I standably concerned about flooding. Thanks to the Director of the Corps, have said is this multistep opportunity They would simply eliminate this plan Joe Westphal, and others, we are now for careful consideration of all the op- from implementation during the 10 per- in a position to at least hear what the tions. But it goes down to, as I said in cent highest flow years—eliminate it; scientists have had to say, and we will the beginning, a need on the part of it would not happen. Changes would have that report by November 1. Fol- some to protect this minuscule barge not be implemented during the 25 per- lowing that, there will be a revised industry regardless of all of its rami- cent lowest flow ‘‘drought’’ years. draft of the environmental impact fications on everything and everybody So this plan would not harm Mis- statement. They will take into account else. sissippi River navigation. We have al- But as I understand it, there are all of the comments made by those who ready conceded that. This is the bal- those on the other side who are op- are concerned on all sides. They will ance. This is an effort to try to find posed because they understand that take into account this coordination middle ground. We are going to say we what has happened is that there has and what comments public officials will lop off the top 10 percent and the been some effort to find this new bal- have made, in particular. They will top 25 percent; we will deal with those then take into account fish and wildlife ance. This new balance is a recognition of all of the different factors that need normal years in the middle. Once con- and biological opinions. sultation between the Corps and Fish When all of that has been gathered, to be calculated, in part, through the Fish and Wildlife Service and, in part, and Wildlife Service is completed, the we will then revise the draft and make Corps then still will take into account available to the public a draft for addi- through the Corps of Engineers and, in part, through States’ direct involve- other suggestions made during the pub- tional comment for 6 months. We then lic comment period. see the final environmental impact ment. What has been proposed is that the There are so many beneficiaries of statement after a 6-month tribal and Corps slightly revise its master manual this plan. Naturally, the river itself is public comment period. Washington to increase spring flows, known as a the biggest beneficiary. will then review all of those comments. ‘‘spring rise,’’ once every 3 years—not The river itself—not species on the A record of decision will be made and every year, but once every 3 years they river, not those living along the river, the revise of the master manual will would increase the spring rise in an ef- not the States upstream, but the then be implemented. Those are all the fort to attempt to bring back a natural river—will be the prime beneficiary of steps. flow, a natural rejuvenation of the this effort. Why? For the reasons I This is like a court of law. This is river as we have understood it prior to have just stated—because we want to like any other legal process. There are the time the dams were built. They find a way to bring balance back into a number of very important steps that would reduce summer flows, known as the management. We want to find mid- we apply in all cases—in all cases a ‘‘split season,’’ every year. dle ground in an effort to recognize all where difficult decisions involving crit- The spring rise and the split season uses on the river. ical public policy have to be made. We roughly mimic the natural flow of the make these steps for a reason. We want Downstream farmers will benefit river, which increase in the spring due from better drainage from fields during public comment. We want scientific to snowmelt and sharply decline in the input, the best decisions from govern- the summertime. That is a given. The summer, beginning around July 1. It is public will have greater opportunities mental leaders at all levels. We want to as Lewis and Clark found it. We can’t do that with the full involvement in a to recreate up and down the river. Even go back to Lewis and Clark. Nobody is the Mississippi barge industry will ben- democracy of everyone who cares and suggesting that. What we are attempt- everyone who has some responsibility. efit from the changes that are being ing to do, however, is to show once called on for the Missouri River. But here is what happens. Under the again that there is this balance, this provision currently in the bill, there is I wish to take a few minutes to talk need to recognize that if we are going briefly about each of those benefits. a big red stop sign on this process. It to keep the river healthy, we have to First, with regard to the river itself, says: You are not going to do any of allow it to do what it once did, prior to the combination of the spring rise and this. We are going to stop you in your the time the dams were built. This is flood season will help restore the tracks. We are not going to let you go the flow pattern under which native health of the river and recover from through that process. We are not going species developed, which is absolutely the dangerous imbalance that we have to allow public comment and the array critical to their very survival—not just with regard to all species on the river of other opportunities for public in- the three endangered species, but all today. volvement. We are not going to have species on the river. that process. It is over. That is what The spring rise is needed to scour According to the Fish and Wildlife this amendment says; that is what the sandbars clean of vegetation so they Service’s draft opinion and the Corps of provision in the bill says. can be used by endangered birds for Engineers’ revised draft environmental So I have to say it is extraordinarily nesting habitat. impact statement of 1998, high spring damaging to the river to have this atti- The spring rise also signals native flows will signal native fish species to tude. It is such an important issue in- fish species that it is time to spawn. spawn, flush detrital food into the volving so many priorities—environ- This is the green light. They see these river, inundate side channels for young mental, ecological, industrial, rec- spring rises, and that triggers to the fish habitat, and build up the sandbars reational, agricultural—because it is species that they can spawn. When in the river channel for the tern and endangering the interests of our coun- they don’t have that spring rise, the plover nesting habitat, and provide a try in such a profound way on this whole natural cycle is put out of greater area for the endangered birds river. This administration has said, whack. That is what has been hap- to nest, as well as for all birds. without equivocation, it will be vetoed pening year after year and decade after The 600-page draft of the Fish and if this provision is still in the bill. That decade. Wildlife Service opinion is based on

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17079 hundreds of published peer review stud- Mr. BOND. Mr. President, I certainly really works. Do you know something. ies. The opinion itself was a peer re- concur with my friend from South Da- That work is going on. Those studies view by a panel of experts who sup- kota on the great words he said about are being pursued. They have some in- ported all of those conclusions. Stephen Ambrose’s book, ‘‘Undaunted teresting information that they don’t The fact is that whether or not we Courage.’’ I know the occupant of the have a conclusion on yet. It is not the give the Missouri River the chance to chair read it. A lot of the guys who spring rise that would improve the survive, to flourish, to be healthy started out in my State wound up in habitat. Perhaps it is the gravel bars again depends in large measure on the State of Oregon. It is truly a mas- on side channels. That looks prom- whether or not we as Senators will terful piece of work and a wonderful ising. This work can continue; so can allow the Corps, the Fish and Wildlife piece of history. all of the work under the National En- Service, and all affected governmental I had a great, great, great, great- vironmental Policy Act to develop an authorities to recognize the impor- grandfather who was one of the fellows environmental impact statement. Any tance of proper balance; to recognize who poled the barges up the river. He other change to the manual can con- that what we decided to do in 1960 does wasn’t sufficiently outstanding to get tinue. Analysis and public comment not now apply and should not be used his name in the book. But it is quite an can continue. to manage the river in the next cen- honor to have somebody who went up The provision is clear. It tells the tury; to recognize that if we are going the river who was with Lewis and U.S. Government that the ‘‘risky to take all of the economic and envi- Clark. So I have been a great devotee scheme’’ of increasing the height of the ronmental concerns and put them in of the river and have followed it a good river in the flood-prone spring months proper balance, we have to revise the bit. is one option and the only option that manual. To say that the Corps will be I was really interested to hear the cannot be implemented during the prohibited from doing so is just bad, Senator from South Dakota talk about coming year because it is too dan- bad policy. what we were trying to do to hurt the gerous. We recognize that maybe the barge poor old river. The minority leader This is the fifth time that we have industry on the Missouri—not the Mis- claims the provision that he seeks to put forward this prohibition. It has sissippi barge industry—will be hurt by strike would stop any changes in the been signed into law four times pre- this. But we recognize that this minus- Missouri River manual and would keep viously by this President. cule three-tenths of 1 percent should the plans just as they have been for 50 Why is it so important this year? Be- not dictate all of the other uses of this years. cause the U.S. Fish and Wildlife Serv- So I thought to myself: Gee, that river, or any river. We shouldn’t let the ice decided to short circuit the process, wasn’t the section that I put in. Maybe tip of the tail wag the tail and the dog. to jump over all of the proceedings, the they changed it somehow in the writ- But that is what is happening today. hearings, the studies, that the Corps of ing of it. So I went back and read sec- That is what this legislation would do. Engineers has carried out. tion 103. This is the provision that That is why it is so important that we They issued what I guess is called in would be stricken. It says: strike it when we have the vote. That an authoritarian, Communist govern- is why I feel so strongly about this None of the funds made available in this Act may be used to revise the Missouri River ment, a diktat, a letter, on July 12 to issue. the Corps of Engineers: You will There is one other factor as we look Master Water Control Manual when it has change the manual to have a spring at the barge industry itself that is per- been made known to the Federal entity or rise, the spring surge. plexing. Barge benefits on the river official to which the funds are made avail- able that such revision provides for an in- They were the ones who wanted to economically are about $7 million. The crease in the springtime water release pro- skip over the process. They were the subsidies to the barge industry last gram during the spring heavy rainfall and ones dictating to the Corps—despite year exceeded the total benefits of the snow melt period in States that have rivers the public comment, despite all the industry itself. There is $8 million in draining into the Missouri River below the other information—they should imple- subsidies to the barge industry even Gavins Point Dam. ment that. recognizing that the industry gen- What it says is that you can’t imple- erated $7 million in benefits. Not only ment a plan to increase flooding during We have spring rises on the Missouri do we have managerial concerns, not spring flood season on the Missouri River. This chart shows 1999. In March only do we have concerns reflecting the River during the course of 2001. and April the river rises. These are the life and health of one of the most im- Contrary to what you have just rises at different stages of the river. We portant rivers in the United States of heard, any other aspect of the process have spring rises. We already do be- America, we ought to have taxpayer to review and amend the operation of cause there are many tributaries com- concerns. Why in Heaven’s name are we the Missouri River, to change the Mis- ing in. Perhaps we don’t have quite the subsidizing a $7 million barge industry souri River manual, to consider the floods in some years that we did be- with an $8 million subsidy? That one I opinions, to discuss, to debate, to con- cause there have been dams built to re- don’t understand. But that is why we tinue the vitally important research duce the danger of flooding and to re- are having this debate. that is going on now on the river and duce somewhat the loss of life and the I am very appreciative of the leader- how we can improve its habitat will damage to property and communities. ship shown by the senior Senator from continue. We already have a spring rise because Montana, Mr. BAUCUS, who has been I have been proud to sponsor the Mis- of tributaries, including the Platte and the preeminent environmentalist and sissippi and Missouri River Habitat Im- the Kansas, the Tarkio, the Blue, the environmental leader, as ranking mem- provement Program in which we fund- Gasgonade, and others. That spring ber of the Committee on Environment ed the Corps of Engineers to make rise results in frequent flooding. And and Public Works. I am grateful for his changes to improve the river and to the more water released at Gavins presence on the floor, as well as my bring it back more to its natural state. Point, the greater the flood risk. colleague from South Dakota, Senator It is not going to be all the way back Since when should this deliberative JOHNSON, who has been an extraor- to its natural state but to provide con- body, the U.S. Congress, say we should dinary advocate of the effort that we servation opportunities, to provide encourage a Federal agency to take a have made now for several months to spawning habitats, nesting habitats for premeditated action to increase flood ensure that the Missouri River has the birds, the kind of habitat we want to risk when there is no scientific evi- future that it deserves. encourage the biological diversity on dence that it will have the benefit for I yield the floor. I retain the remain- the river. endangered species that is proposed. der of my time. The U.S. Geological Survey has an This is untenable for farmers living The PRESIDING OFFICER. The Sen- environmental research arm that is along the river. One-third of the com- ator from Missouri is recognized. studying the river to find out what modities of Missouri are grown in the

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17080 CONGRESSIONAL RECORD—SENATE September 6, 2000 floodplains of the Missouri and Mis- We appreciate your serious attention to If the proposed plan is implemented and sissippi Rivers. It is untenable for may- these concerns and urge your support for a heavy rains occur during the spring rise, ors who want their communities and restriction on the spring rise proposal. there is a real risk that farms and commu- their critical infrastructure protected. Sincerely, nities along the lower Missouri River will MIKE HUCKABEE. suffer increased flooding. It is imperative for the families who do The Service’s plan for a spring rise also not want to lose their family members OFFICE OF THE GOVERNOR, will damage prime agricultural land because in floods. Some who don’t live in areas STATE OF MISSOURI, it will limit the productivity and accessi- of flood may not know but floods do Jefferson City, August 17, 2000. bility of floodplain croplands. If imple- take lives. Floods are deadly. Floods The PRESIDENT, mented, the Service’s plan will result in the are devastating. I have witnessed the The White House, Missouri River being held four feet higher for aftermath of too many floods. I have Washington, DC. several consecutive weeks along south- seen the heartbreak and devastation, DEAR MR. PRESIDENT: I am writing regard- western Iowa and northwestern Missouri. ing recent developments surrounding efforts Our agricultural community is extremely not just the loss of homes. I have seen to revise the Missouri River Master Manual. concerned that increased soil saturation and families who have lost a parent, lost a Specifically, I am concerned about proposed poor drainage will compromise the produc- child, in floods. plans by the Fish and Wildlife Service out- tivity of their farms. In addition, the plan Agricultural groups, flood control lined in letters to the Corps of Engineers will damage the ability for agricultural pro- groups, have supported our position dated March 28, 2000 and July 12, 2000. The ducers and commercial employers to utilize very strongly. It is not a complicated July 12 letter directs the Corps of Engineers the river to move their products to markets. issue. It is certainly not a partisan to implement major changes in operations Consequently, it will make the price of these products increase and damage the ability of issue. The Governor of Missouri is a affecting both the Missouri and Mississippi Rivers while circumventing the public re- our farmers and manufacturers to compete Democrat. The Democratic mayors of view processes required by law. in the world economy. St. Louis and Kansas City support this I respectfully request your immediate as- Mr. President, it is vitally important to provision. The Southern Governors As- sistance in directing the Service to reevalu- the residents of the State of Missouri as well sociation supports this provision be- ate its plan and to commit to a more open as the entire Midwest that the Service’s plan cause of the impact of the Missouri process that conforms to the public involve- be reevaluated. Again, I would appreciate River on the Mississippi River and its ment requirements of the National Environ- your assistance in this very important mat- lower tributaries. mental Policy Act. Further, there are legis- ter. lative efforts underway to prohibit the Serv- Very truly yours, Make no mistake about it, the im- ice from initiating its plan at this time, and MEL CARNAHAN. pact of this spring flood is serious on I request your support of those efforts. the traffic on the Mississippi River. Absent a change in the Service’s plan, it is OFFICE OF THE MAYOR, I ask unanimous consent to have likely that efforts to restore endangered spe- CITY OF ST. LOUIS, MO, printed in the RECORD letters regarding cies along the river will be damaged, an in- August 30, 2000. this issue. crease in the risk of flooding river commu- Re: H.R. 4733, the Energy and Water Appro- There being no objection, the letters nities and agricultural land will occur, and priations Bill were ordered to be printed in the states along the river will suffer serious eco- Hon. CHRISTOPHER S. BOND, nomic damage to their river-based transpor- U.S. Senate, Washington, DC. RECORD, as follows: tation and agricultural industries. DEAR SENATOR BOND: The City of St. Louis SOUTHERN GOVERNORS’ ASSOCIATION, There are numerous problems with the is a central transportation hub for the Mid- Washington, DC, August 29, 2000. plan as proposed by the Service that may ac- west that includes the second largest inland Hon. TRENT LOTT, tually harm endangered species rather than port in the nation. Water transportation on U.S. Senate, Russell Senate Office Building, help them recover. The plan calls for a sig- the Mississippi River has been central to St. Washington, DC. nificant drop in water flow during the sum- Louis’ development and today is integral to Hon. TOM DASCHLE, mer. The months of June and July are, in our economic structure. All of this stands to U.S. Senate, Hart Senate Office Building, fact, the two highest flow months under nat- be threatened by the Fish and Wildlife Serv- Washington, DC. ural pre-dam conditions primarily because of ice proposal to implement a policy that in- DEAR SENATORS: On behalf of the Southern mountain snow melt combined with down- creases the risk of flooding on our principal Governors’ Association, I am writing to ex- stream rainfall. Unfortunately, the inland waterways. press concerns about proposed plan by the mistiming of the Service’s plan will allow The movement of more than 100 million Fish and Wildlife Service for a springtime predators to reach river islands on which en- tons of cargo through the Port of St. Louis rise of 17,500 cubic feet per second in the Mis- dangered terns and plovers nest giving preda- could be placed in jeopardy during low water souri River at Gavins Point Dam. This plan tors access to the young still in the nests. years if flows from the Mississippi River are has the potential to harm citizens and agri- Predation is discussed in the species recov- restricted during the summer and fall cultural activities along the lower portion of ery plans as one of the significant impedi- months. Conversely, the St. Louis region has the Missouri River and urge your support for ments to restoration of healthy tern and struggled periodic flooding during the spring restricting this spring rise proposal. plover populations. that would be devastating without the man- If the current plan is implemented and In addition, model runs of the Fish and agement of the Mississippi River for flood these states incur significantly heavy rains Wildlife Service’s proposal indicate substan- control purposes. during the rise, there is a real risk that tially greater water storage behind the Mis- I urge you to press forward with your pro- farms and communities along the lower Mis- souri River dams as compared with current vision to H.R. 4733, the Energy and Water souri River will suffer serious flooding. In operations. This increased water storage Appropriations Bill, that would restrict im- addition, a spring rise has a negative effect would raise average reservoir levels so that plementation of a ‘‘spring rise’’ in the spring on agriculture land. Sustaining high river approximately 10 miles of free-flowing river and a ‘‘split navigation season’’ in the sum- flow rates over several consecutive weeks would be sacrificed to the artificial lakes. If mer and fall as requested by the Fish and will exacerbate the problems of wetness and solving the Missouri River endangered spe- Wildlife Service. Before any provision or pol- poor drainage historically experienced by cies problems is the objective, it would seem icy reversing the multiple uses of the rivers farmers along the river, limiting the produc- reasonable for the Fish and Wildlife Service can be supported, we must fully understand tivity and accessibility of floodplain crop to make proposals that do not increase the the economic and environmental implica- lands. dominance of reservoirs over free-flowing tions to the citizens of St. Louis. Finally, the proposal for a spring rise also rivers. Sincerely, brings harm to Mississippi River states and The spring rise will also increase our sus- CLARENCE HARMON, users of the nation’s inland waterway sys- ceptibility to flooding along the Missouri Mayor. tem. Any spring rise in April or May puts ad- and Mississippi Rivers. An analysis of the ditional water in the Mississippi River when Missouri River flooding that occurred during OFFICE OF THE MAYOR, it is normally high and does not need the the spring of 1995 shows that if the spring Kansas City, MO, July 25, 2000. extra water. This spends water out of a lim- rise proposed by the Service had been in ef- Subject: Spring Rise on Missouri River: Sec. ited water budget in the Missouri River fect, the level of flooding would have been 103—Energy & Water Appropriations Bill. Basin and ends up subtracting water out of worse. The Corps could not have recalled Hon. CHRISTOPHER S. BOND, the Mississippi during the summer or fall water already released hundreds of miles up- U.S. Senate, Russell Building, Washington, DC. when the water is needed for river com- stream, as the water’s travel time from Gav- DEAR SENATOR BOND: The City of Kansas merce. ins Point to St. Charles, Missouri is 10 days. City, Missouri wishes to express its concern

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17081 over consideration being given to a spring mertime droughts and even ‘‘dust bowls.’’ Martin Chaffin, Executive Director, Hel- rise along the Missouri River. The increase For decades, we have worked to mitigate the ena-West Helena-Phillips County Port Au- in release rate being proposed for Gavins negative implications of the ‘‘natural thority, Helena, Arkansas. Point by the Fish & Wildlife Service would hydrograph’’ with multiple-purpose water re- William O. Howard, Executive Director, raise the water service levels along the lower sources management programs, including Henderson County Riverport Authority, Hen- Missouri River by approximately two feet. reservoirs storing excess flood and snow-melt derson, Kentucky. As you know, Kansas City is susceptible to waters in the spring and releasing those wa- Chris Hombs, Executive Director, Howard flooding from the Missouri River and in 1993 ters in low-flow periods. These efforts have Cooper County Regional Port Authority, several of the levees protecting our city protected communities from floods, enabled Boonville, Missouri. came within inches of overtopping. Any al- the safe and efficient movement of a large Leon Corzine, President, Illinois Corn lowed increase in flows will subject us to a percentage of the Nation’s intercity freight Growers Association, Bloomington, Illinois. worsened flooding condition. by a mode that results in cleaner air, safer Luke A. Moore, President, Illinois River As we proceed with the study of seven lev- streets, and a higher quality of life and also Carriers’ Association, Paducah, Kentucky. ees along the Missouri and Kansas Rivers, in provided hundreds of thousands of family- John Prokop, President, Independent Liq- cooperation with the Corps of Engineers and wage jobs in interior regions. uid Terminals Association, Washington, D.C. several other local sponsors, to investigate Retaining Section 103 will allow National Don W. Miller, Jr., Executive Director, In- changes that may be needed and justified to Environmental Policy Act (NEPA) compli- diana Port Commission, Indianapolis, Indi- enhance flood protection from the Missouri ance and provide time for Congress to ade- ana. River it seems inappropriate at best to be quately consider whether reversing proven Earl Bullington, President, Industrial De- considering changes that will serve to de- water resources policy makes sense and velopment Authority of Pemiscot County, crease our level of protection. Additionally, whether a ‘‘spring rise’’ is scientifically sup- Caruthersville, Missouri. the spring rise will necessitate a split navi- ported. We urge you to keep the existing lan- James R. McCarville, President, Inland gation season, the impacts of which would be guage in H.R. 4733 and oppose any efforts to Rivers Ports & Terminals, Inc., Jackson, potentially disastrous to the barge industry strike or unnecessarily amend it. Mississippi. along the lower Missouri River and have far Sincerely, Donald C. McCrory, Executive Director, reaching impacts to the economy in our re- Tal Simpkins, Executive Director, AFL– International Port of Memphis, Memphis, gion. CIO Maritime Committee, Washington, D.C. Tennessee. We strongly urge that Section 103 pre- Floyd D. Gaibler, Vice President, Govern- Ron Litterer, President, Iowa Corn Grow- venting the study and implementation of a ment Affairs, Agricultural Retailers Associa- ers Association, Des Moines, Iowa. spring rise along the Missouri River be in- tion, Washington, D.C. Alan Peter, President, Kansas Corn Grow- cluded in the upcoming Energy & Water Ap- Bob Stallman, President, American Farm ers Association, Garnett, Kansas. propriations Bill. Thank you for your consid- Bureau Federation, Park Ridge, Illinois. George C. Andres, General Manager, eration of this matter and for your contin- Richard C. Creighton, President, American Kaskaskia Regional Port District, Red Bud, ued support in helping to reduce flooding Portland Cement Alliance, Washington, D.C. Illinois. throughout the City of Kansas City, Mis- Tony Anderson, President, American Soy- Hal Greer, President, Kentucky Associa- souri. bean Association, St. Louis, Missouri. tion of River Ports, Hickman, Kentucky. Sincerely, Thomas A. Allegretti, President, American Dr. Sam Hunter, President, The Little KAY BARNES, Waterways Operators, Arlington, Virginia. River Drainage District, Cape Girardeau, Mayor. Glen L. Cheatham, Executive Vice Presi- Missouri. Mr. BOND. Every waterway group dent, Arkansas Basin Development Associa- Ronnie Anderson, President, Louisiana and every flood control group that I tion, Tulsa, Oklahoma. Farm Bureau Federation, Baton Rouge, Lou- have spoken to that is knowledgeable Steve Taylor, President, Arkansas-Okla- isiana. about the river supports the provision. homa Port Operators Association, Inola, Christopher J. Brescia, President, MARC I ask unanimous consent to have Oklahoma. 2000 (Midwest Area River Coalition 2000), St. Martin Chaffin, President, Arkansas Wa- Louis, Missouri. printed in the RECORD a letter signed terways Association, Helena, Arkansas. Robert Zelenka, Executive Director, Min- by 92 organizations supporting my pro- Paul N. Revis, Executive Director, Arkan- nesota Grain and Feed Association, Min- vision. sas Waterways Commission, Little Rock, Ar- neapolis, Minnesota. There being no objection, the letter kansas. George C. Grugett, Executive Vice Presi- was ordered to be printed in the J. Ron Brinson, President and Chief Execu- dent, Mississippi Valley Flood Control Asso- RECORD, as follows: tive Officer, Board of Commissioners of the ciation, Memphis, Tennessee. NATIONAL WATERWAYS ALLIANCE, Port of New Orleans, New Orleans, Lou- Steve Taylor, Program Director, Missouri Washington, DC, September 1, 2000. isiana. Corn Growers Association, Missouri Corn Hon. CHRISTOPHER S. BOND, Fred Ballard, President, Board of Mis- Merchandising Council, Jefferson City, Mis- Russell Senate Office Building, sissippi Levee Commissioners, Greenville, souri. U.S. Senate, Washington, DC. Mississippi. Tom Waters, Chairman, Missouri Levee DEAR SENATOR BOND: On September 5, 2000, Philip R. Hoge, Executive Director, City of and Drainage District Association, Orrick, the Senate is scheduled to begin consider- St. Louis Port Authority, St. Louis, Mis- Missouri. ation of H.R. 4733, the Energy and Water De- souri. Daniel L. Oberbey, President, Missouri velopment Appropriations Bill for FY 2001. Tracy Drake, Executive Director, Port Authority Association, Scott City, Mis- We are writing to express our strong opposi- Columbiana County Port Authority, East souri. tion to any efforts to strike Section 103, Liverpool, Ohio. Jack Horine, President, Missouri Valley which prohibits implementation of a ‘‘spring Chuck Conner, President, Corn Refiners Levee District, Orrick, Missouri. rise’’ on a portion of the inland navigation Association, Inc., Washington, D.C. Patrick R. Murphy, Port Director, Natch- system. R. Barry Palmer, Executive Director, ez-Adams County Port Commission, Natchez, A recent directive issued by the U.S. Fish Dinamo (Association for Improvement of Mississippi. and Wildlife Service to implement a ‘‘spring Navigation in America’s Ohio Valley), Pitts- Terry Detrick, President, National Asso- rise’’ immediately on the Missouri River is a burgh, Pennsylvania. ciation of Wheat Growers, Washington, D.C. reversal of water resource policy without ap- Mark D. Sickles, President, Dredging Con- Paul J. Bertels, Director, Production and propriate public review, independent sci- tractors of America, Alexandria, Virginia. Marketing, National Corn Growers Associa- entific validation, Congressional debate or Gary D. Myers, President, The Fertilizer tion, St. Louis, Missouri. endorsement. For decades, every Congress Institute, Washington, D.C. James P. Howell, Vice President, Legisla- and Administration has endorsed a policy of Jeffrey T. Adkisson, Executive Vice Presi- tive and Regulatory Affairs, National Coun- water resource development that was de- dent, Grain and Feed Association of Illinois, cil of Farmers Cooperatives, Washington, signed to protect communities against nat- Springfield, Illinois. D.C. ural disasters and serve efficient and envi- Dr. Adam Bronstone, Business Policy Con- Kendall Keith, President, National Grain ronmentally friendly river transportation, sultant, Greater Kansas City Chamber of and Feed Association, Washington, D.C. reliable low-cost hydropower and a bur- Commerce, Kansas City, Missouri. Leroy Watson, Legislative Director, Na- geoning recreation industry. J.H. (Harold) Burdine, Port Director, tional Grange, Washington, D.C. The ‘‘spring rise’’ demanded by the Fish Greenville Port Commission, Greenville, Harry N. Cook, President, National Water- and Wildlife Service is based on the premise Mississippi. ways Conference, Inc., Washington, D.C. that we should ‘‘replicate the natural Douglass W. Svendson, Jr., Executive Di- Scott Merritt, Executive Director, Ne- hydrograph’’ that was responsible for dev- rector, Gulf Intracoastal Canal Association, braska Corn Growers Association, Lincoln, astating and deadly floods as well as sum- New Orleans, Louisiana. Nebraska.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17082 CONGRESSIONAL RECORD—SENATE September 6, 2000 Ronnie L. Inman, Chairman, New Bourbon David L. McMurray, Chairman, Upper Mis- the future but who are withholding in- Regional Port Authority, Perryville, Mis- sissippi, Illinois and Missouri Rivers Asso- vestment in river facilities until the souri. ciation, Burlington, Iowa. uncertainty of the Fish and Wildlife Timmie Lynn Hunter, Executive Director, Russell J. Eichman, Executive Director, Service proposal is resolved. I have New Madrid County Port Authority, New Upper Mississippi Waterway Association, St. Madrid, Missouri. Paul, Minnesota. heard from mayors who are worried Joe LaMothe, Secretary, Northeast Indus- James B. Heidel, Executive Director, War- about the flood risk in the spring. Un- trial Association, Kansas City, Missouri. ren County Port Commission, Vicksburg, less you have been in one of those com- Patrick French, Executive Director, Mississippi. munities or one of our large cities Northeast Missouri Development Authority, Sheldon L. Morgan, President, Warrior- where a flood has hit, you do not appre- Hannibal, Missouri. Tombigbee Waterway Association, Mobile, ciate how devastating a flood is. Tracy V. Drake, Co-Chairman, Ohio Ports Alabama. I have heard from power companies Commission, East Liverpool, Ohio. Dan Silverthorn, Executive Director, West worried about not having adequate Glen L. Cheatham, Jr., Manager, Water- Central Illinois Building and Construction water for cooling in the summer. I have ways Branch, Oklahoma Department of Trades Council, Peoria, Illinois. Transportation, Tulsa, Oklahoma. M.V. Williams, President, West Tennessee heard from farmers who have been Ted Coombes, Chairman, Oklahoma Water- Tributaries Association, Friendship, Ten- flooded and know firsthand that more ways Advisory Board, Tulsa Oklahoma. nessee. water in the spring, despite suggestions Glenn W. Vanselow, Ph.D., Pacific North- B. Sykes Sturdivant, President, Yazoo- to the contrary, means more risk of west Waterways Association, Vancouver, Mississippi Delta Levee Board, Clarksdale, flood. Washington. Mississippi. The farmers who live along the river Duane Michie, Chairman, Pemiscot County Mr. BOND. These organizations rep- know that even if it doesn’t flood, a Port Authority, Caruthersville, Missouri. higher river level in the spring means Derrill L. Pierce, Executive Director, Pine resent labor, agriculture, port facili- Bluff-Jefferson County Port Authority, Pine ties, flood control districts, and others. more seepage under the levees and wet- Bluff, Arkansas. They are located in areas as distant as ter fields that you cannot plow and you Hal Greer, Executive Director, Port of the States of Washington, Louisiana, cannot plant. Hickman, Hickman, Kentucky. Minnesota, and Pennsylvania. We are here tonight discussing sec- J. Scott Robinson, Port Director, Port of Since this letter was signed, addi- tion 103 because despite the views of Muskogee, Muskogee, Oklahoma. tional groups have asked to join with the Corps of Engineers, the U.S. Geo- James R. McCarville, Executive Director, us in our position in support of section logical Survey, the downstream States, Port of Pittsburgh Commission, Pittsburgh, the agricultural groups, and the water- Pennsylvania. 103. They include the Minnesota Asso- John W. Holt, Jr., CED, PPM, Executive ciation of Cooperatives, the St. Louis way users, the Fish and Wildlife Serv- Port Director, Pot of Shreveport-Bossier, Building and Construction Trades ice is determined to have it their way Shreveport, Louisiana. Council, the Minnesota Farm Bureau, or no way. The Fish and Wildlife Serv- Joseph Accardo, Jr., Executive Director, the Minnesota Soybean Growers Asso- ice wants to experiment with spring Port of South Louisiana, LaPlace, Lou- ciation, and the Minnesota Corn Grow- flooding. They must think we have for- isiana. gotten about the controlled burn in Tom Waters, President, Ray-Clay Drainage ers Association. In Missouri, our Department of Nat- Los Alamos. They want to give us con- District, Orrick, Missouri. trolled floods on the Missouri River in Richard F. Brontoli, Executive Director, ural Resources supports section 103. Red River Valley Association, Shreveport, They oppose raising the spring river the spring. I say no thanks; we have Louisiana. height, and they are just as knowledge- been there; we have done it; and we Kenneth P. Guidry, Executive Director, able and just as dedicated as the so- don’t need the Federal Government Red River Wateway Commission, called experts at the U.S. Fish and making floods worse. Natchitoches, Louisiana. This is not a new proposal. It was Wildlife Service who want to jump over Myron White, Executive Director, Red raised by the Corps of Engineers in the process and impose their particular Wing Port Authority, Red Wing, Minnesota. 1993, and after public hearings in risky scheme on our State and all the David Work, Port Director, Rosedale-Boli- Omaha, Kansas City, St. Louis, Quincy, downstream States. var County Port Commission, Rosedale, Mis- Memphis, New Orleans, and elsewhere, sissippi. I had a very enlightening week trav- the administration went back to the Debbi Durham, President, Chic Wolfe, eling from the northwest corner of my Chairperson of the Board, Siouxland Cham- drawing room to find a consensus with State, down the Missouri and the Mis- the States. Apparently, the Fish and ber of Commerce, Sioux City, Iowa. sissippi Rivers, talking with real peo- Donald M. Meisner, Executive Director, Wildlife Service is not interested in a Siouxland Interstate Metropolitan Planning ple, knowledgeable people, scientists, consensus or we would not be here Council, Sioux City, Iowa. and experts about this proposal. I was today. They are not interested in the Daniel L. Overbey, Executive Director, joined and supported by members of dangers of increased flood risk or we Southeast Missouri Regional Port Author- the Governor’s staff. I was joined by would not be here today. They are not ity, Scott City, Missouri. the director of our department of nat- Bill David Lavalle, President, St. John interested in the public meetings and ural resources. I was joined by farmers the viewpoints that were expressed in Levee & Drainage District, New Madrid, Mis- and mayors and chambers of commerce souri. 1995 or this would have ended then. Ted Hauser, Director of Planning, St. Jo- officials, economists and flood control They want to raise the height of the seph Regional Port Authority, St. Joseph, advocates, and other members of our river in the spring because they think Missouri. resource agencies. I was joined by rep- flooding may improve the breeding Donald G. Waldon, Administrator, Ten- resentatives of our independent depart- habitat for the pallid sturgeon. nessee-Tombigbee Waterway Development ment of conservation—one of the finest The distinguished minority leader Authority, Columbus, Mississippi. departments of conservation in the Na- says we ought to be able to act on the Donald G. Waldon, President, Tennessee- tion, one that is looked to as a model, best information available. I have Tombigbee Waterway Development Council, and one that is engaged in ongoing Columbus, Mississippi. asked these people: Where is the infor- James L. Henry, President, Transportation work to preserve the pallid sturgeon mation? Institute, Camp Springs, Maryland. and to work with us on reasonable, When I talked with them last week, Robert L. Wydra, Executive Director, Tri- common sense, scientifically proven our resource agencies, the U.S. Geo- City Regional Port District, Granite City, Il- ways to assure that we keep the pallid logical Survey had not seen any bio- linois. sturgeon. logical opinion. They issued that Tom Waters, President, Tri-County Drain- From all of these people I heard first- diktat, that letter of instruction, on age District, Orrick, Missouri. hand how dangerous the Fish and Wild- July 12. As of last week, the State Robert W. Portiss, Port Director, Tulsa Port of Catoosa, Catoosa, Oklahoma. life Service plan is and how unneces- agencies, the U.S. Geological Survey, Robert W. Bost, Chairman, Tulsa’s Port of sary it is. I heard from people who ship with expertise in environmental assess- Catoosa Facilities Authority Catoosa, Okla- the goods on the river now and from ment, a fellow Federal agency, had not homa. people who want to ship on the river in seen it.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17083 How can we let them go ahead with take over the river and get rid of all ed calling my office saying they do not the scheme when they won’t even allow barge traffic. have rail capacity. The railroads can- us to look at the basis for their pro- Barge traffic is the most environ- not get them the cars they need to posal? This truly is a risky scheme. mentally sound means of transporting carry out the fall harvest, and they are This is one that we cannot tolerate. grain to the world markets. It is the going to have to stop taking in grain Our State Department of Natural Re- most efficient. One barge, one tow with that comes in. Two years ago, because sources disagrees with Fish and Wild- 25 barges, carries the same amount of of railcar shortages and disorganiza- life. Our State Conservation Depart- grain as 870 individual semitrailer tion, grain was piled up on the ground ment believes the Fish and Wildlife trucks that put out far more pollution. as it was in the former Soviet Union. plan is not necessary. They have pre- Barge transportation bringing inputs The Fish and Wildlife Service proposes sented a plan that does not have spring to farmers up the river is much more a complete reliance on that one mode flooding and no transportation flows in efficient than rail or truck. That low- of transportation. the spring—in the summer and fall. ers the price farmers pay for goods Last night on the floor, Senator REID And they believe that plan will do brought in in the spring for Missouri spoke candidly about the value of our more to help preserve the pallid stur- farmers. It lowers them for South Da- Nation’s inland waterway system and geon, the least tern, and the piping kota farmers too; the landed price at noted that: plover, than this risky scheme put for- Sioux City has an impact on what To move this additional cargo by alter- ward by Fish and Wildlife. farmers pay. If you got rid of river native means would require an additional Our State Conservation Department transportation altogether—which I 17.6 million trucks on our Nation’s highway has an alternative species recovery system or an additional 5.8 million railcars think may be the ultimate goal. I don’t on the nation’s rail system. To say what can plan. They cannot get Fish and Wildlife think the Fish and Wildlife Service and be handled by our inland water system can to look at it. Don’t you think they the people supporting this just want to be moved by rail or trucks, it simply can’t be would want to look at the various op- flood out the people downstream in the done. tions? Don’t you think they would spring; I think there is a greater objec- I agree with Senator REID. He is want to consider the evidence before tive—getting rid of barge transpor- quite right. Fish and Wildlife seeks to they threaten property and lives with tation altogether. One can only assume eliminate water transportation on the spring floods in Missouri? that the railroad industry thinks that Missouri. But Fish and Wildlife has I have a lot of respect for the dif- having no competition is a good idea. really thought this through because ficult and important job of Fish and But I seriously question whether we, as they have a solution for eliminating Wildlife, but let me say this is not Senators, should be supporting consoli- the transportation options. They are about who cares the most about endan- dation rather than competition. going to propose, through this plan, to gered species. The commitment of our The low summer flow proposed by curtail agriculture production by flood- Natural Resources Department and our Fish and Wildlife is curious for two ad- ing farmers in the spring with high Conservation Department to fish and ditional reasons: One, because it will water. As I said earlier, raising the wildlife is not inferior to that of Fish reduce energy revenues by more than river levels in the spring keeps farmers and Wildlife of the U.S. Government. one-third at the dams generating hy- out of the field. So, as a result of the U.S. Fish and Wildlife does not have a dropower, particularly during high Fish and Wildlife spring rise, there will monopoly on dedication and they do usage months in the summer. We are be less agricultural production await- not have a monopoly on wisdom. In about to debate the necessity of a na- ing the transportation that is not fact, our Department of Natural Re- tional energy commission to look at available. sources has some serious concerns the how we can meet our growing energy Doesn’t that just gladden your Fish and Wildlife Service plan may ac- needs, and here we are with a Fish and hearts? I mean, the farmers who de- tually harm endangered species rather Wildlife plan to decrease clean hydro- pend for their living upon raising crops than help them recover. That fear was power generation. We do not have the and shipping them economically into expressed by our Governor of Missouri, luxury of letting existing power capac- the world market—guess what, you are Governor Carnahan, a Democrat, in a ity go to waste. The low summer flow not going to have the transportation. letter to the President 2 weeks ago. proposed by the Fish and Wildlife Serv- But we will take care of that because Why? Because normally in the summer ice reduces revenues in the high de- we will keep you from having the pro- the natural hydrograph is for the mand summer months by more than duction. That is why the farmers of snowmelt to bring the river up. Under one-third. Missouri say, ‘‘No thanks.’’ this plan, river levels will be going Another reason the low flow is curi- Let me speak to a couple of asser- down. That means less water cover. It ous is that, while the Fish and Wildlife tions that do not paint a very full pic- means burying sandbars where preda- Service said they want the river to ture of the importance of the debate. tors might come after the smallest ‘‘mimic its natural hydrograph,’’ his- First, there is the assumption by some hatch. torically the highest flows were fol- that the Missouri River ends suddenly Fish and Wildlife has a twofold plan. lowing the summer snowmelt up- and does not impact the Mississippi One, it proposes a split season which stream, and that is the same time Fish River. That is convenient, but it is not will end river transportation on the and Wildlife demands a low flow. They true. I have seen the confluence with Missouri and do great harm to the go the opposite way of their stated ob- my own eyes. I know that in low-water river transportation on the Mississippi jective. years, drought years, dry summers, 65 River. Without water transportation, This risky scheme has not been sub- percent of the flow of the Mississippi we are left with a regional railroad mo- ject to adequate analysis and comment River at St. Louis comes from the Mis- nopoly. by scientists, by people who under- souri River. And to say that the Mis- The minority leader said we initially stand, who live along, work with, and sissippi barge traffic would love to projected there would be 12 million study the river. That is why we say it have that water cut back is absolutely tons on the river. That is not true. If should not be implemented in the com- ludicrous. That is why the southern you look at the 1952 report and the tes- ing year. Let the studies, the debates Governors, noting the importance of timony in 1952 and 1956 when they were go on. We would like to see sound the Missouri River flow in the Mis- developing the Missouri River plan, science. We would like to see the best sissippi, have sent a resolution in sup- they said 5 million tons. This past information available. Fish and Wild- port of section 103 that the minority year, it was 8 million tons on the river. life has not shown it to us. leader seeks to strike. As I said earlier, there would be a lot The fall harvest is approaching. It Second, there is this notion—we more because there is investment out looks like bumper crops. We have short heard it expressed earlier—the Corps there waiting to happen if we know supplies of storage. As a matter of fact, will never release extra water in the that Fish and Wildlife is not going to many elevators, grain elevators, start- spring if there is a risk of flooding.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17084 CONGRESSIONAL RECORD—SENATE September 6, 2000 Good intention, of course. Give them blame a compass for pointing north. Service that their obsession to increase full credit for trying. But they could They need to maximize profits. flooding was not acceptable. only carry out this intention if they If the Government wants to elimi- Last year, seven out of eight States could predict the weather perfectly be- nate their competition, why would arrived at a consensus that the Corps cause water released from the South they interfere? Every Senator knows, accepted which did not include a spring Dakota dam takes 11 days to arrive in or should know if they studied econom- rise. Then, notwithstanding the public St. Louis. A lot of weather can happen ics, that in the absence of competition, hearings in 1994, the letter to the Presi- in 11 days. prices will rise. We see prices rise at dent, the legislative provisions, not- Have any of you watched the weather the end of the navigation season. On withstanding the consensus, the Fish forecasts for the Midwest this summer? the Mississippi, we see prices rise when and Wildlife Service arrogantly pushes I try to keep some trees alive. I watch locks are closed for maintenance. the same old plan to raise the river it. I turn on the weather channel in the There is a Fortune 100 firm on the height in the spring. morning. It is a lot more informative Mississippi River that has built a river The U.S. Geological Survey told me than some of the morning talk shows. terminal it has never used except when last week that they do not know My Farmers Almanac said we were it negotiates with the railroads. It has enough about the river or the pallid going to have heavy rains in mid-June that river terminal, and the railroads sturgeon to know if there is any chance and the end of June. The week before, come in and say: We are going to the Fish and Wildlife Service’s plan 5 days before the middle of June—the charge you x amount for bringing your will work. They are the ones who work middle of July, they said this is a product in. And they say: We will just to define habitat and biological re- drought season; there is not going to be open up this river terminal, and we will sponse. They have not been shown the a drop of water; it is going to be a dry beat your prices down. They come information from the Fish and Wildlife year. The heavens opened up, and we around. Service. had 5-, 6-, 8-inch rains. A lot of weather According to the Tennessee Valley The Missouri department of con- can occur in even 3 days. Authority which did a study on the servation says they have an alternative I have a lot of respect for my friend Missouri River, the savings to rail to recover species which does not do from South Dakota—political miracles shippers because of competition cre- premeditated damage to safety, to we see him perform—but I don’t trust ated by barge traffic is an estimated property, and to human lives. The Mis- him or the Fish and Wildlife Service to $200 million annually. That is the ben- souri department of natural resources predict the weather 11 days in advance efit to shippers. Those people get goods said the Fish and Wildlife Service’s downstream. coming in and those shipping commod- plan is flawed and unnecessary. One mistake is all it takes to result ities out. That includes benefits worth The provision permits any experi- in a Government-imposed flood that $56 million to shippers in Missouri, $43 ment the Fish and Wildlife Service can brings to mind the controlled burn in million to shippers in Iowa, $36 million dream up except the one risky scheme Los Alamos. That was not supposed to to shippers in Nebraska, and as the oc- of a controlled flood in the spring happen, either. The water is not re- cupant of the Chair will be interested which we cannot tolerate. Members of trievable when it is released. to know, $52 million to shippers in Congress have every right to place Rainfall in the lower basin will swell Kansas, and $14 million to shippers in commonsense parameters on bureau- the river after the release, and water South Dakota. cratic excursions. That is the purpose from the release will only supplement In summary, flood control is impor- of this provision. the flood damage. tant, energy production is important, We know there are many other bene- If the water is at your Adam’s apple, and having modern and competitive fits that come from wise management the Federal Government will do you transportation options for our farmers of the Missouri River. The spring rise the courtesy of raising it to your tem- and shippers is important. does not help the upstream States. In ple. With respect to the species, our re- fact, States such as the Dakotas and Third, there is already a spring rise source agencies say the Fish and Wild- Montana will find that they will not as I have stated. If a spring rise is what life Service is wrong and their plan is have the water they want for rec- is needed to recover the species, we harmful and unnecessary. That is why reational purposes if it is flushed down ought to have sturgeon all over the I included the provision for the fifth the river in the spring. I know the Fish place because we had bodacious floods year. This provision does not stop the and Wildlife Service wants to run this in 1993 and 1995. Those little sturgeons process as has been alleged by my col- river, just as it wants to take over should be popping up all over because league. It simply says the water man- management of a lot of other rivers, we had a spring rise to end all spring agement manual cannot be changed to but the rivers are authorized for mul- rises. It did not happen. force a dangerous spring rise. It is a tiple uses. That is the way the Corps Fourth, with respect to water trans- risky scheme on which we cannot af- and the States manage them. portation benefits, the Fish and Wild- ford to gamble. It is a controlled flood Because the proposal to initiate life Service and my colleague from that is not controllable. floods is harmful, because there are al- South Dakota assume that in the ab- Ten years ago, the courts decided to ternatives, I believe section 103 is a sence of competition, the railroad in- review the river management. Seven prudent and restrained safeguard that dustry will not raise rates on farmers. years ago, it proposed a spring rise. It should be retained in this legislation, Try that out on any shipper. Ask any- was opposed in public hearings from and I urge my colleagues to oppose the body in the Midwest who has been cap- Sioux City to Memphis to New Orleans. motion to strike. tive of the railroad if they really be- It was opposed by the U.S. Department The PRESIDING OFFICER (Mr. ROB- lieve that competition does not make of Agriculture. It was opposed by the ERTS). The distinguished Senator from any difference. That is the assumption U.S. Department of Transportation. It Montana is recognized. which underlies the small $7 million in was opposed by agriculture and other Mr. BAUCUS. Mr. President, I rise to benefits from river transportation shippers. support the Daschle-Baucus amend- cited by the opponents of this transpor- Twenty-seven Senators in a bipar- ment to strike section 103 from the en- tation. tisan letter to the President opposed it. ergy and water appropriations bill. One If it sounds as if I am picking on the So in 1995, the administration rejected might ask why. The answer is very railroad industry, which would be the the spring rise and went back to the simple: Because section 103 is an anti- biggest beneficiaries, along with farm- drawing board. The President ordered environmental rider that prevents the ers and producers in Latin America and the Corps to work with the States to sound management of the Missouri Australia and Europe, I am not. I have find a consensus. Meanwhile, Congress River. It is that simple. no quarrel with the railroads aiming to included section 103 four different I begin by endorsing the points made maximize their profits. You cannot times to remind the Fish and Wildlife so well by Senator DASCHLE. The Army

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17085 Corps of Engineers is managing the Chair knows, agriculture has been suf- Let me be specific. Right now the Missouri River today on the basis of a fering some very hard economic times water level at Fort Peck has been master manual that was written in for more than a decade with low prices drawn down about 10 feet, to increase 1960. Guess what? It has not changed for wheat, low prices for beef, drought. flows for downstream barge traffic. much since then. It is 40 years old. It is In eastern Montana, as well as in the That is right now. A few weeks ago like trying to run the Internet based western Dakotas, people are moving there was another walleye tournament on a plan that was written in the hey- out, looking for jobs, virtually for sur- at Crooked Creek, and it could well day of rotary telephones. Conditions vival. have been canceled. There was a lot of are different. Priorities are different. Fort Peck Lake—that is this lake concern because ramps could not be As Senator DASCHLE explained, the shown on the map right here—is a key used. Fortunately, it did not happen master manual favors some uses of the part of our plan in our State to revive this year, but very often it does. river, such as barge traffic, that may our State’s economy, at least in that The drawdowns are a big part of the have made sense in 1960 but makes lit- part of the State. It is a center for economic raw deal that eastern Mon- tle sense today. That is a very impor- boating, a center for fishing, and, I tana has been getting for years. More tant point. In effect, a 40-year-old mas- might say, all kinds of recreation balanced management of this system, ter manual favors the barge industry, which is related to the lake. which takes better account of up- which may have made sense in 1960 but Fort Peck is host to several major stream economic benefits is absolutely makes virtually no sense today based walleye tournaments each summer. critical to reviving our State’s econ- upon the Corps’s own economic anal- The biggest is called the Governor’s omy in eastern Montana. ysis of the river, and it favors those Cup, which attracts people from all I am not going to stand here and try uses over other uses, such as recre- around the State, all around the Na- to kid anybody. This debate is, to a sig- ation, which are much more important tion, and all around the world. nificant degree, about who gets Mis- now than they were in 1960. I was there last July with one of the souri River water, and when. That is As has been pointed out, the master major sponsors of it, Diane Brant. I accurate. But that is not all this de- manual also wastes taxpayers’ dollars. might say, she provides the gusto that bate is about. There is an awful lot We are today spending more than $8 makes the tournament work. It is in- more to it. million a year in operation and main- credible watching everybody line up to The section 103 rider prevents the tenance costs to support a $7 million go out and go walleye fishing. Hun- Corps of Engineers from obeying the barge industry. That is a bad deal for dreds of boats went by the review law of the land. Let me repeat that. taxpayers. It is a subsidy that does not stand, in single file, as walleye anglers The section 103 rider prevents the make sense. set forth to prove their mettle. Army Corps of Engineers from obeying In the interest of time, I will not This tournament brings jobs and ex- the law. It is that simple. It is that elaborate on all those points. The Sen- citement to the area. We are working specific. It is that accurate. Specifi- ator from South Dakota, the minority hard to get more done. For example, I cally, it prevents the Corps from fol- leader, has covered that ground very am working with Diane and local com- lowing the Endangered Species Act. well. I do not want to repeat them. In- munity leaders, and others, to estab- Before I get into the details, let me stead, I would like to make three addi- lish a warm water fish hatchery on the say a couple things about the Endan- tional points. north bank of the river to improve the gered Species Act. A lot of people are First, the anti-environmental rider walleye fishery. But we face a problem. watching tonight. They may wonder: proposed by the Senator from Missouri It is a big one. Under the master man- What is all this fuss about? There is harms my State of Montana. Second, it ual, water levels in the Fort Peck Lake less than a month left of the congres- prevents the Corps of Engineers from are often drawn down in the summer, sional session. Big issues need to be ad- complying with the law, from com- largely to support the barge traffic dressed—the budget, prescription drug plying with the Endangered Species downstream, which is an industry that coverage, trade with China. Why in the Act. And third, the rider derails a proc- need not be subsidized near to the de- middle of all of this are we debating ess of carefully revising the master gree that it is, and certainly according the fate of two birds and a fish? Good manual, a process that is working. to the Army Corps of Engineers’ infor- question. This is why. In addition, I want to respond to an mation. Any time an issue such as this comes important argument made by the Sen- In fact, there have been times when up, it is tempting to think only about ator from Missouri and other pro- the lake has been drawn down so low the particular species that are being ponents of the rider. They argue that that boat ramps are a mile or more involved—the snail darter, the spotted the rider is necessary to reduce the from the water’s edge. This is what owl. In this case, the piping plover, the risk of floods. I will address that in a this photograph shows. This is a photo- least tern, and the pallid sturgeon. But later point. graph of a boat landing at Fort Peck that is thinking too narrowly. First, the impact of the rider on my Lake. It is called Crooked Creek. It is In a much broader sense, the debate State of Montana would be profound. a mile from the boat landing to the is about whether we really are serious The Missouri River flows not only edge of the lake. about protecting endangered species. It through our State but through our his- Why? Because Fort Peck has been is about whether our generation is tory, as well as the history of other drawn down to support a barge indus- going to meet its moral obligation to States. try downstream. Frankly, the industry preserve the web of life that sustains Meriwether Lewis found the source of is dated and does not need to be sup- us, and pass it along, as a legacy, to fu- the Missouri River on August 12, 1805. ported near that much at the expense ture generations. It is at Three Forks, MT. It is shown on of people upstream, upriver, who, If we create a loophole here, there this map up here to the left, just east frankly, do not have many means of will be pressure to create another loop- of the Continental Divide. recreation. But the main thing they hole somewhere else—and another and From there the river flows north, want to do is to be able to put a boat another. Before you know it, the law winding around near Helena, Great in the river. They are unable to do so will be shredded into tatters. Falls, past Fort Benton, and then east because the boat ramp is over a mile Don’t get me wrong. I am not saying through the lake created by the Fort from the river. that the Endangered Species Act is per- Peck Dam near Glasgow. These drawdowns have occurred fre- fect. It is not—far from it. I have There is Fort Peck Dam right here quently. The effect is devastating. Ob- worked for years to come up with re- on the map. It is one of the major dams viously, drawdowns prevent people forms that would improve the act, that in the Missouri River system. from boating and fishing. They also re- would increase public participation, as- This is eastern Montana, an agricul- duce the numbers of walleyes, stur- sure that decisions are based on sound tural region. As the occupant of the geon, and other fish. science, give a greater role to the

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17086 CONGRESSIONAL RECORD—SENATE September 6, 2000 States, get more certainty to land- to revising the master manual, revising course, is obvious. The Corps should owners, bring people together, rather it so we have a better, more balanced obey the law, just like everyone else. than drive them apart. current use of the river, such as flood Forget about the species for a Over the last decade, I have worked control, navigation, but also more to minute, think about basic fairness. We as hard as anyone to reform the Endan- protect the plover, the tern, and the require private landowners to comply gered Species Act. But those reforms sturgeon. with the Endangered Species Act, so have not passed. They have been re- How do we do this? Basically by pro- why shouldn’t we also require the Fed- ported out of the Committee on Envi- viding for a moderate rise in flows in eral Government to do so. They ronment and Public Works, but they the spring and reduced flows in July shouldn’t get a free pass, especially have been kept off this Senate floor, as and August. This is the so-called spring when the Federal Government is the good as they are. rise/split season alternative. This alter- main cause of the problem. The Fed- Nevertheless, in the meantime, the native has strong support. Fish and eral Government should not get a free Endangered Species Act today remains game officials from all seven Missouri pass. The Federal Government—in this the law of the land. We have to respect River basin States say it is the right case, the Army Corps of Engineers— it. It is the law. thing to do. should be held to the same standard as With that as background, let me turn Last summer, they recommended everybody else, and the Corps agrees to specifics and explain how Senator that we—I will not read the whole that it should be held to that same BOND’s rider prevents the Army Corps quote, I will begin in the middle— standard. of Engineers from managing the Mis- . . . provide higher flows during critical That brings me to a related point; souri River in a way that is consistent spring and early summer periods for native that is, government by litigation. Stop with the law. fish spawning and habitat development fol- and think about this for a moment. If The river provides habitat for three lowed by lower flows during the critical sum- we think about it, we probably all endangered species: the piping plover, mer period. know what will happen down the road the least tern, and the pallid sturgeon. That is the recommendation. They if this rider becomes law. What is going Each of these species evolved along a have studied this thing, believe me. to happen? The Fish and Wildlife Serv- river that had higher flows in the Guess what? The Fish and Wildlife ice will issue its final biological opin- spring and lower flows in the summer. Service agrees. Its draft biological ion. Like the draft, it probably will That is the natural order of things. opinion says: recommend higher flows in the spring, Each species depended on a life cycle Spring and summer flow management is an lower flows in the summer. Normally, that depended on this pattern. integral component of the measures to avoid the Corps would then revise the master The tern and the plover need higher jeopardy to listed species . . . This would in- manual. But because of the rider, the flows in the spring. Why? To create the clude higher spring flows and lower summer Corps cannot make the revisions nec- sandbars they nest on. Higher flows flows than currently exist. essary to comply with the Endangered create sandbars. They need lower flows They have studied this. Guess what Species Act. The rider says: Army in the summer. Why? To create a buffer again? The Army Corps of Engineers Corps of Engineers, you cannot follow that reduces the risk that the nests recognizes the benefits of a spring rise the law. might be washed away by, say, a storm. and a split season. The Corps has said So what is going to happen? At that That is the natural order of things. that ‘‘periodic high flows are required point there is certain to be a lawsuit The sturgeon needs high flows in the for terns and plovers to remove en- brought by environmental groups chal- spring for breeding and lower flows in croaching vegetation, but during the lenging the Corps’ failure to obey the the summer for the development of nesting season, stable or declining law. Guess what? The environmental young fish. flows are needed to avoid nesting groups are likely to win. Why? Because This is a photo of a piping plover, a flight.’’ The Corps has made similar ob- the master manual will effectively ig- female, nesting over three eggs. servations about the pallid sturgeon. In nore the needs of the species and there- But the way I just described the nat- other words, the fish and game experts fore violate the Endangered Species ural order is not the way the river is from the Missouri River basin States, Act. being managed today. Under the mas- the Fish and Wildlife Service, and the It is not just my opinion that a mas- ter manual, today’s management sys- Corps of Engineers all recognize the ter manual without a spring rise and a tem, the Corps tries to maintain steady importance of higher flows in the split season would ignore the needs of water levels through the spring and spring and lower flows in the summer. the endangered species. This is the summer so there is always enough This is where the section 103 rider unanimous opinion of the experts who water to support the barge traffic comes in. Simply put, the rider pre- reviewed the biological opinion. This downstream. It is this steady, even, but vents the Corps from revising the mas- unanimous recommendation was based unnatural, flow that is driving the ter manual to provide for higher water on sound science. I might add, two peo- three species to the brink of extinc- levels in the spring. The Senator from ple from the State of Missouri were on tion. Missouri said so. He said that is what the peer review committee. They The management plan in the master he intends to do. Those are the words unanimously agreed that this is the al- manual may have made sense in 1960, of the rider: Prevent the master man- ternative—that is spring rise/split sea- before we knew about the threat to ual from providing higher water levels son—which is necessary to protect these species and before the Endan- in the spring. By doing so, the rider these species. gered Species Act was passed—I remind contradicts what fish and game experts Let’s go back a little bit. Let’s say my colleagues, it was passed 13 years from the basin States and Federal that the rider passes. Let’s say a law- later, in 1973—but the master manual agencies involved all recognize is nec- suit is brought. As I mentioned, the does not make sense today. It may essary to provide more protection for likelihood is very high that the plain- have made sense in 1960, not today. the three endangered species and com- tiffs, the environmentalists, would win. Therefore, when the Corps began to re- ply with the law. What happens next? We wind up with vise the master manual 10 years ago— Again, the debate is not just about the river being operated not by the they have been at this for a long time— the allocation of water between up- Corps of Engineers, not influenced by it was the first time the Corps seri- stream and downstream States. The de- the Congress, but by the courts, a judge ously considered how the dams on the bate is also fundamentally about in some Federal court somewhere— river affect endangered species. whether in one fell swoop we tell the they will get venue probably some- There have been a lot of reports, a lot Corps of Engineers to ignore the law; where along the Missouri River—will of discussions, a lot of give-and-take, ignore the Endangered Species Act re- be overseeing the operation of the en- but finally, after a decade of work, the garding the management of one of the tire Missouri River system; again, be- process is moving forward. We are close country’s largest rivers. The answer, of cause of a lawsuit that wins. That

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17087 might be politically convenient for cent, which is basically zero. The Army because more water is being let out of some, but it is an abdication of our re- Corps of Engineers has taken this ques- the dams in the spring, and it is saved sponsibility. As we have seen along the tion fully into account already. Of in the summer, on a net basis, they are Columbia and Snake Rivers, it gen- course, they would; it is their responsi- going to have to let a little bit more erates much more litigation and much bility, and they have done that. Their out in the fall, which benefits the barge more uncertainty. conclusions show that under this alter- industry on the Mississippi. So it is a Let us not go down the path of litiga- native, there is virtually no difference red herring. It is inaccurate—more to tion. We do have a process in place to in flooding compared with the current the point—that this proposal would carefully revise the master manual. It master manual—virtually none. hurt barge traffic down from St. Louis. has been underway for years; 10 years I heard one of my good friends from That is not right. The Corps data shows to be more specific. Now at the last Missouri say, well, gee, nobody can pre- more water is going to be released at moment, when the end is in sight, here dict the weather. Mr. President, that is the time it is more necessary. we find a rider on an appropriations a total red herring, totally irrelevant. To sum it all up, let’s pass this bill which would derail the process by That has nothing to do with what we amendment that strikes section 103. taking not only one of the alternatives are talking about here. We can’t pre- Let the process continue to work. right off the table but the one that dict the weather today under the cur- There is ample opportunity for public probably is necessary to comply with rent master manual or tomorrow if the comment. But let’s not disrupt it in a the law. Of course, that is not fair; of spring rise/split season are adopted—in way that will cause a lawsuit and will course, it is not right. It is not the either event. The two floods men- cause a lot more problems than it will right way for us to be doing business tioned—in 1993 and 1997—under this solve. I understand Senators who feel here. Instead, we should give the proc- proposal, the spring rise/split season, obligated, regardless of the facts, to ess we began 10 years ago a chance to would not have been in effect; that is, support the Senator. But let’s do what work. the spring rise/split season proposal is right and not pass this. Now that we have a draft biological would not have been permitted because I yield the floor. opinion, there will be an opportunity— of the modeling and the anticipation of Mr. JOHNSON. Mr. President, I am pleased to take this opportunity to join this is a very important point—for pub- the flood years 1993 or 1997. Actually, my colleagues to discuss the issue of lic comment, both on the draft and on the spring rise is to be implemented the how the Missouri River should be the later environmental impact state- only once every 3 years. Say year No. 1 managed by the Corps of Engineers. I ment. That way we have a decision comes up, and 4 years later year No. 1 strongly urge the Senate to adopt the that is not made in a vacuum. But this comes up again, and this might be a Daschle-Baucus-Johnson amendment rider makes a mockery of that process. flood year. The model says, no, we to strike Section 103 from the Energy There will be an extensive period for don’t implement a spring rise; we are and Water Appropriations bill, which public comment, but the public agen- not going to take the risk of more prevents needed changes to the man- cies cannot take any of those com- flooding. agement of the Missouri River that ments into account. That is what this So let’s get the flood scare tactic off have been called for by the U.S. Fish rider does. It says: OK, here is your al- the table here. It has nothing to do and Wildlife Service. President Clinton ternative, but you can’t be imple- with what we are talking about. The has stated that he will veto the bill if mented so the comments are irrele- Army Corps of Engineers’ own models this amendment is not included. The vant. What kind of message does that conclude that the risk of flooding is time has come to manage the river in send to our people, already cynical virtually insignificant. line with current economic realities. about the way Government works? I In closing, I want to also point out This issue has come before the Sen- say there is a better way: allow the one other thing. The basic argument of ate because some Senators from states process to work. the Senator from Missouri is that we downstream on the Missouri River are With that, I will briefly respond to a are just taking one item off the table— attempting to politicize the manage- point made by the Senator from Mis- spring rise/split season. That is all we ment of the River. As has been done in souri and some of his supporters. Con- are doing. We are not taking other al- the last four years, they are trying to cern has been expressed that if we have ternatives off the table, other environ- politicize this issue by adding a rider higher flows in the spring, there is a mental enhancement measures, wet- to the Energy and Water Appropria- greater chance of flooding—a wonder- lands restoration, and habitat restora- tions bill to prevent the Army Corps of ful metaphor, floods; wonderful pic- tion. We are not taking that off the Engineers from changing the 40 year ture, floods; wall of water; risky propo- table. So what is the big fuss here? old master manual that sets the man- sition. It gets people scared and nerv- That is the basic argument. agement policy of the river. ous, obviously. That is what it is de- The flaw in that argument is that the Mr. President, let me assure you and signed to do. It is designed to scare people who have studied this, the peer the rest of my colleagues that after 40 people, scare them into supporting the reviewers, have unanimously concluded years, the management of the Missouri rider. But we are not only emotional that both are needed in order to solve River is in serious need of an update to entities, we are supposedly analytical this problem—that is, both a spring reflect the current realities of the beings. rise/split season and legislation to help River. The Corps current plan for man- We are supposed to think about this restore habitat. Both are needed. They aging water flow from the Missouri stuff a little bit, look at the facts, not have concluded you can’t have one River Dams, known as the master man- just the emotion. So let’s look at the without the other; you have to have ual provides relatively steady flows facts, I say to my other good friend both. You have to have the spring rise/ during the spring, summer and fall to from Missouri who is managing this split season. It makes sense because support a $7 million downstream barge bill at this time. that is the natural order of things; that industry. The manual has not been sub- First of all, nobody wants floods. is the way the river runs naturally. It stantially revised on 40 years. Flood control comes first. There is no tends to flood in the spring and not In that time, the projections of barge question about it. Flood control comes later on. traffic used to justify the manual have first. I might say, though, the Corps The argument has also been made never materialized. Instead, the steady and other agencies have taken flood that this is going to hurt Mississippi flows required by the manual have con- control into account. In fact, the Corps barge traffic downstream. Frankly, tributed to the decline of fish and wild- has modeled many different river man- that is another red herring designed to life along the river. agement alternatives. Their models scare Senators downstream from Mis- To counter this problem, the Army show that under a spring rise/split sea- souri, from St. Louis. It is a scare tac- Corps of Engineers has proposed a revi- son, there is no difference in flood con- tic because if you look at the data, at sion of the master manual which gov- trol. Statistically, it is about 1 per- the facts, the facts show that, actually, erns how the river is managed.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17088 CONGRESSIONAL RECORD—SENATE September 6, 2000 I was among those who first called complete the process in the near fu- strophic to the transportation of Iowa for a revision of the master manual be- ture, rejecting this rider is more than grain to the marketplace. In effect, the cause I firmly believed then, as I do important than ever. Missouri River would be shut-down to now, that over the years, we in the Those of us from the States in the barge traffic during a good portion of Upper Basin states have lived with an Upper Basin are determined to work the summer. It would also have a disas- unfortunate lack of parity under the aggressively for the interests of our re- trous effect on the transportation of current management practices on the gion. For decades our states have made steel to Iowa steel mills located along Missouri River. It is no secret that we many significant sacrifices which have the Missouri, construction materials continue to suffer from an upstream vs. benefitted people living further south and farm inputs such as fertilizer. downstream conflict of interest on Mis- along the Missouri River. Opponents of section 103 will advance souri River uses. Navigation has been Mr. President, now is the time to fi- an argument that a spring flood is nec- emphasized on the Missouri River, to nally bring an outdated and unfair essary for species protection under the the detriment of river ecosystems and management plan for the Missouri Endangered Species Act, and that grain recreational uses. I recognize that River up to date with modern economic and other goods can be transported to navigation activities often support realities. I urge my colleagues to sup- market by railroad. I do not accept midwestern agriculture, however the port this amendment. that argument. I believe that there is navigation industry has been declining The PRESIDING OFFICER. The dis- significant difference of opinion wheth- since it peaked in the late 1970’s. It is tinguished Senator from Missouri is er or not a spring flood will benefit pal- no longer appropriate to grossly favor recognized. lid sturgeon, the interior least tern or navigation above other uses of the Mr. ASHCROFT. Mr. President, I the piping plover. In fact, the Corps has river. yield as much time as the Senator from demonstrated that it can successfully Those of us from the upstream States Iowa may consume in opposing this create nesting habitat for the birds have been working for more than 10 motion to strike. through mechanical means. Further, it years to get the Corps of Engineers to The PRESIDING OFFICER. The Sen- is in dispute among biologists whether finally make changes in the 40 year old ator from Iowa is recognized. or not a flood can create the necessary master manual for the Missouri River. Mr. GRASSLEY. Mr. President, I habitat for the sturgeon. After more than 40 years, the time strongly urge my colleagues to support I would further point out that the has come for the management of the section 103 of the energy and water ap- Fish and Wildlife Service has yet to Missouri River to reflect the current propriations bill. This section would designate ‘‘critical habitat’’ for the economic realities of an $90 million an- prohibit changes to management of the pallid sturgeon as required by the En- nual recreation impact upstream, Missouri River which would unques- dangered Species Act. versus a $7 million annual navigation tionably increase flood risk on the Loss of barge traffic would deliver impact downstream. The downstream lower Missouri and Mississippi Rivers. the western part of America’s great barge industry carries only 3/10 percent If this section is dropped from the bill, grain belt into the monopolistic hands of all agriculture goods transported in landowners in Iowa along the Missouri of the railroads. Without question, the upper Midwest. The Corps has been River will face the threat of increased grain transportation prices would dras- managing the Missouri River for navi- flooding. Farmers and other river barge tically increase with disastrous results gation for far too long and it is time to users would face increased transpor- on farm income. finally bring the master manual into tation costs in getting their grain and Every farmer in Iowa knows that the line with current economic realities. other goods to market. Both of these balance in grain transportation is com- Passage of the Daschle-Baucus-John- outcomes are unacceptable to a major- petition between barges and railroads. son amendment will do just that. ity of Iowans. This competition keeps both means of As I stated earlier, the process to re- There is nothing new in this bill lan- transportation honest. This competi- view and update the master manual guage. It has been placed in four pre- tion keeps transportation prices down began more than 10 years ago, in 1989, vious appropriations bill by my distin- and helps to give the Iowa farmer a in response to concerns regarding the guished colleague from Missouri, Sen- better financial return on the sale of operation of the main stem dams, ator BOND. Each of these bills has been his grain. This competition helps to mainly during drought periods. A draft signed into law by this President. The make the grain transportation system Environmental Impact Statement measure would prohibit the U.S. Army in America the most efficient and cost (DEIS) was published in September 1994 Corps of Engineers from implementing effective in the world. It is crucial in and was followed by a public comment a U.S. Fish and Wildlife Service plan to keeping American grain competitively period. In response to numerous com- increase releases of water from Mis- priced in the world market. The Corps ments, the Corps agreed to prepare a souri River dams in the spring. The itself estimates that barge competition revised DEIS. Daschle amendment could result in sig- reduces rail rates along the Missouri After years of revisions and updates nificant flooding downstream given the by $75–200 million annually. that have dragged this process out to heavy rains that are usually experi- Further, if a drought hits during the ridiculous lengths, the Corps finally enced in my, and other downstream split navigation season, there would be came forward with alternatives to the states during that time. even less water flowing along the Mis- current master manual, including the We must keep in mind that it takes souri. This would greatly inhibit navi- ‘‘split season’’ alternative, which I 8 days for water to travel from Gavins gation along the Mississippi River. We strongly support, along with my col- Point to the mouth of the Missouri. cannot let this happen. leagues from the Upper Basin States. Unanticipated downstream storms Less water flowing in the late sum- The rider to prevent implementation can make a ‘‘controlled release’’ a mer would also affect hydroelectric of changes in the manual has been in- deadly flood inflicting a widespread rates. The decreased flows would mean cluded for the last 4 years. In previous physical and human cataclysm. There less power generation and higher elec- years, this rider was not as important are many small communities along the tric rates for Iowans who depend upon because the Corps was not ready to re- Missouri River in Iowa. Why should this power source. vise the river management policies. they face an increased potential risk I agree with the National Corn Grow- However, this year, the Corps is con- for flooding and its devastation? They ers and their statement that, ‘‘an in- sulting extensively with the Fish and shouldn’t. tentional spring rise is an unwar- Wildlife Service and is officially learn- Equally unacceptable is the low-flow ranted, unscientific assault on farmers ing that it must implement a spring summer release schedule proposed by and citizens throughout the Missouri rise and split season to avoid driving the Clinton-Gore administration’s Fish River Basin.’’ I urge my colleagues to endangered species to extinction. Since and Wildlife Service. A so-called split support section 103. Vote against the the Corps finally has a schedule to navigation season would be cata- Daschle amendment.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17089 The PRESIDING OFFICER. The dis- Missouri and Mississippi Rivers top pri- In addition, Dr. Engeln writes, ‘‘The tinguished Senator from Missouri is orities. higher reservoir levels would also re- recognized. As background for this debate, Sen- duce the habitat for the terns and plov- Mr. BOND. Mr. President, I rise to ators need to know that the use of the ers that nest along the shorelines of speak in support of section 103, and I Missouri River is governed by what is the reservoirs.’’ yield myself such time as I may con- known as the Missouri River Master Dr. Engeln also points out that be- sume to make my remarks. Manual. Right now, there is an effort cause the plan calls for a significant Section 103 of this bill is a provision underway to update that manual. The drop in flow during the summer, preda- that is necessary for the millions of specific issue that is at the crux of this tors will be able to reach the islands Americans who live and work along the debate today is what is called a spring upon which the terns and plovers nest, Missouri and Mississippi Rivers. But rise. A spring rise in this case is a re- giving them access to young still in before I get into detailing those consid- lease of huge amounts of water from nests. It is clear there isn’t a single erations, let me commend Senator above Gavins Point Dam on the Ne- view about the value, even in terms of BAUCUS and the Senate Appropriations braska-South Dakota border during the seeking to protect these species which Committee for including section 103 in flood-prone spring months. are the focus of this debate. the energy and water appropriations To see whether such a controlled Some advocates of the proposed plan bill. flood may improve the habitat of the claim this plan is a return to more nat- This section protects the citizens of pallid sturgeon, the least tern, and the ural flow conditions. They say, we my State of Missouri and other States piping plover, section 103 is a common- want to return the river to its condi- from dangerous flooding and allows for sense provision that states: tion at the time of the Lewis and Clark cost-efficient transportation of grain None of the funds made available in this expedition. Not only is it unrealistic to act may be used to revise the Missouri River and cargo. Of course, cost-efficient return the river to its ‘‘natural flow’’ Master Water Control Manual if such provi- when the Midwest was barely habitable transportation provides a basis for sions provide for an increase in the spring- much of our industry and agriculture. time water release program during the because of erratic flooding conditions, The pending amendment would de- spring heavy rainfall and snow melt period according to Dr. Engeln, lete section 103 in the underlying bill, in States that have rivers draining into the The proposal would benefit artificial res- thereby sanctioning the Fish and Wild- Missouri River below the Gavins Point Dam. ervoirs at the expense of the river and create life Service’s attempt to bully the This policy has been included in the flow conditions that have never existed last four energy and water appropria- along the river in Iowa, Nebraska, Kansas, Corps of Engineers into immediately and Missouri. tions bills, all of which the President changing the river’s water manage- Dr. Engeln’s letter states: ment plan to include a spring rise signed without opposition. Balancing the needs of all river users is which would increase flood risk on the In an effort to protect the species’ habitats, the U.S. Fish and Wildlife complicated. Predicting the loss of habitat lower Missouri and Mississippi Rivers. and its impact on the terns and plovers This is not just a dispute between the Service issued an ultimatum to the should not be subject to disagreements. The States of Missouri and the Dakotas. It Army Corps of Engineers insisting that Fish and Wildlife Service and the Corps of is a much larger issue. It is about the U.S. Corps of Engineers imme- Engineers need to examine the implications whether we will prevent unnecessary diately agree to its demand for a spring of this proposal and recognize its failure to administrative intrusion into the oper- rise. The Corps was given 1 week to re- protect these species. ation of the Missouri or any U.S. river, spond to the request of Fish and Wild- Listen to the last comment: The Mis- and whether the public it is about life for immediate implementation of a souri Department of Natural Re- should have the opportunity to review spring rise. The Corps’ response was a sources—I might note, this is a well- proposed changes and whether we rejection of the spring rise proposal, recognized department; our conserva- should allow a disputed biological opin- and they called for further study of the tion and natural resource departments ion to be the subject of independent effect of the spring rise. are nationally recognized. We are espe- The Bond language in section 103 will scrutiny. cially supportive, with special inde- allow for the studies the Corps rec- Without section 103, decades of oper- pendent tax revenues for the conserva- ommends. tion commission. The Missouri Depart- ating the Nation’s commercially navi- National environmental groups want gable rivers for multiple purposes will ment of Natural Resources states that to delete section 103. They want to do the Fish and Wildlife Service should be reversed without clear congressional that in an attempt to circumvent addi- direction. recognize the proposal’s failure to pro- tional analysis of the effects of the pro- tect these species. Joining us in urging defeat of the posal. pending amendment is a bipartisan col- The plan by the Fish and Wildlife What is ironic and even tragic is that Service fails to protect species. It ex- lection of people and organizations rep- spring flooding could hurt the targeted resenting farmers, manufacturers, poses the citizens of the Midwest and species more than it would protect Southern States and their farms and labor unions, shippers, cities, and port them, and it would do so in a way that cities and ports to dangerous flooding. authorities from 15 Midwest States. would increase the risks of downstream It also interferes with the shipment of Also supporting us in opposing the flooding and interfere with the ship- cargo and could lead to higher prices Daschle amendment are major national ment of cargo on our Nation’s high- being charged for the shipment of organizations, including the American ways. cargo. Farm Bureau, the American Water- Dr. Joe Engeln, assistant director of Over 90 organizations representing ways Association, the National Grange, the Missouri Department of Natural farmers, shippers, cities, labor unions, and the National Soybean Association. Resources, stated in a June 24 letter and port authorities sent a letter to We are united in opposing this that there are several major problems Congress last week that Senator BOND amendment because of the risk. It with the Fish and Wildlife’s proposed has had printed in the CONGRESSIONAL would lead to a dangerous flooding con- plan that may have a perverse effect of RECORD. Let me briefly quote from this dition and could interfere with the harming the targeted species rather letter: movement and cost of grain and cargo than helping the targeted species. The spring rise demanded by the Fish and shipped on our Nation’s inland water- First, Dr. Engeln points out that the Wildlife Service is based on the premise that ways. plan would increase the amount of we should ‘‘replicate the national It is not a novel thing for me to stand water held behind the dams, which hydrograph’’ that was responsible for dev- in defense of the Missouri River. I come would have the effect of reducing the astating and deadly floods, as well as sum- to this debate after fighting for Mis- amount of river between the big res- mertime droughts and even dust bowls. souri’s water rights as the Missouri at- ervoirs by about 10 miles in an average The letter goes on to say: torney general and Governor, and I will year and a reduction in certain parts of For decades we have worked to mitigate continue to make water flows on the the river. the negative implications of the natural

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17090 CONGRESSIONAL RECORD—SENATE September 6, 2000 hydrograph with multiple purpose water re- banks of the river. The spring rise ties in upstream States will be im- source programs. These efforts have pro- would come at a time in the year when proved by the proposed changes. Ac- tected communities from floods and also pro- downstream citizens are most vulner- cording to the mark 2,000 set of groups, vided hundreds of thousands of families wage able to flooding and downstream agri- no evidence exists to suggest that jobs in interior regions. culture is certainly very vulnerable to recreation and tourism will benefit These 90-plus organizations are ex- flooding. from a spring rise. actly right. For decades, the Govern- It normally takes 11 or 12 days for The sixth point our opponents make ment has made water resource manage- water to travel from the Gavins Point is that the spring rise will help to re- ment decisions by taking into account reservoir to St. Louis. During the store the health of the river and re- the many varied uses of the river in spring, the weather in the Midwest is cover endangered fish and bird species. balancing the interests of all affected unpredictable. I might want to protect No documentation has been provided groups: agriculture, energy, municipal, myself. It may be that the weather in that establishes the need for a spring industrial, environmental, and rec- the Midwest is always predictable. rise beyond what currently occurs nat- reational. Our policies in the past have I remember last summer visiting a urally. As I mentioned before, the Mis- been designed to protect communities flood-ravaged city in eastern Missouri souri Department of Natural Resources against natural disasters, as well as in this watershed. Union, MO, had a 14- strongly disagrees that a spring rise allow efficient and environmentally inch rain that was not predicted. I had would have environmental benefits for friendly river transportation, low-cost flooding on my farm in late July when endangered birds. and reliable hydropower and a bur- we had a 7-inch unpredicted rain. And The seventh point our opponents geoning recreation industry. not only just this kind of outburst or make in their letter is that the only in- Let me indicate when I was attorney cloud burst, but we know that the dustry harmed by the proposal would general of the State of Missouri—and weather in the Midwest is hard to pre- be the downstream barge industry. that is several decades ago—there was dict. Heavy rain or a series of heavy They don’t always make this point. a run made on the river at that time to rains in the 12-day period following a Sometimes they say this will not make divert the river, to run it through a spring rise would certainly greatly in- any difference to the barge industry. pipeline to the lower Gulf States and to crease the chances for downstream Sometimes they say it is going to help run the river in conjunction with pow- flooding, and the amount that would be the barge industry. Then they say the dered coal through the pipeline as a necessary to top a levy here and there only industry that would be hurt would means of taking the river. could be the amount precipitated with be the barge industry. I think what we I guarded the river then because I the rise, the purposeful release of the can all agree on is the barge industry knew of its value to our State. Half the water. would be affected, and I think we ought The second major point the oppo- people in the State of Missouri drink to listen to the barge industry. The nents make is that section 103 pro- water from the Missouri River. It is a barge industry simply says very clearly hibits the Corps from producing a final tremendous resource in terms of trans- they don’t want any part of this, that environmental impact study. The true portation, in moving grain downstream they reject this concept. fact is the language of section 103 only for international sale. Soybean farmers Competition on the waterways, of forbids the use of Federal funds to in America have to sell over half of course, would be impaired. If you hurt make revisions of the master manual their crop overseas. Moving their crop the barge industry, it is totally naive to allow for a spring rise. It does not to the ports is essential. Moving the to think that you can hurt the barge impact the Corps’ ability to produce a crop efficiently to the ports is very im- industry and that would be the only in- final environmental impact study, nor portant in terms of our competitive po- dustry hurt. If you hurt the barge in- does it permanently ban revisions. Sec- sition. It is a necessary thing that we dustry and take that grain shipment tion 103 would only be operative for fis- preserve this potential for those who capacity out of the system, all of a sud- operate our family farms—not just to cal year 2001. The third point that the opponents den you have to load more trucks. So have the transportation—to avoid the make is that the Fish and Wildlife there would be a greater demand for unnecessary and devastating potential Service proposal will help Mississippi trucking. With more demand, we all of floods. barge navigators. The true fact is every know what happens: Supply and de- Last week, the sponsors of the pend- Mississippi navigational organization mand, if the supply is the same the ing amendment circulated a Dear Col- and transportation entity is against price goes up. In fact, it doesn’t take a league letter regarding their amend- the proposed spring rise and in support particularly strong analytical bent to ment. It is a letter to explain their idea of section 103. They say these folks will get there. But the Tennessee Valley of striking section 103. They laid out all be assisted by this. But all the folks Authority has made some estimates the arguments. The environmental who actually work in this industry, about this. According to the TVA, groups who are supporting the Daschle every single navigational organization water competition holds down railroad amendment have made many of the says that kind of assistance ‘‘we don’t rates, not only trucking rates but rail- same points in defense of their posi- want.’’ It is akin to the fellow saying: road rates, and the holddown of the tion. I want to take a few minutes to I don’t think the check is in the mail railroad rates by water competition is refute the main points of the sup- and I don’t think you are from the Fed- about $200 million each year. porters of this amendment, which is to eral Government and here to help me. If you are talking about that kind of strike this provision. The fourth point that our opponents impact holding down those rates, I First, the supporters argue that the make is that the Missouri River farm- think it is fair to say there are poten- Missouri River management changes ers will benefit by the proposed man- tial ripple effects on a lot of other will not create potential downstream agement changes. The real fact is that folks than just the barge industry, and flooding because the spring rise would every farm group is against the pro- I happen to believe this is a time when not occur every year. It would not be posal and is in favor of retaining sec- the American farmer might find him- implemented during the 10 percent tion 103. The American Farm Bureau self on the tracks and the fast freight highest flow years, they say, ‘‘and the Federation, the National Corn Growers coming through, and not for the ben- Corps would not release additional Association, the National Association efit of the American farmer. It is time water from Gavins Point dam if the of Wheat Growers, the American Soy- for us to say we need as much competi- Missouri were already flooding.’’ bean Association, the National Grain tion as possible in hauling these re- While this may sound reassuring, it and Feed Association, the National sources to market rather than to mini- is not acceptable to those citizens liv- Council of Farmer Cooperatives, Agri- mize that competition. ing downstream because unreliable culture Retailers Association—enough. Finally, the amendment sponsors say waterflows pose a grave danger to ev- The fifth point our opponents make the President will veto this bill if sec- eryone living and working along the is that public recreational opportuni- tion 103 is maintained. If the President

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17091 decides to veto the entire bill after cording to the Army Corps of Engi- Missouri, pointing out of the seven sci- having signed this provision four times neers, are about $414 million. The entists on the peer review who unani- previously, it states a very clear mes- spring rise/split season flood control mously concluded this makes sense, sage by the Clinton-Gore administra- benefits are virtually statistically the two of them are Missourians, one with tion to the citizens of the Midwest. It same; that is, $410 million—virtually the department of conservation and the is very easy to understand. Unfortu- no difference. Those are the facts. Not other with the University of Missouri nately, it would be very hard to digest the rhetoric, not the abstraction, not at Columbia. One says it is a bad idea; and accommodate. But the message the generalization, but the facts. two say it is a good idea. I will take would be this: The Clinton-Gore admin- Second, I have heard here that the the majority vote from the Missou- istration is willing to flood down- spring rise/split season will increase rians. stream communities as part of an un- Mississippi River navigation costs. I might also point out that basically scientific, risky scheme that will hurt, That is the assertion. Let’s look at the we want the Corps of Engineers to fol- not help, the endangered species it facts, again, facts according to studies low the law. Under the law, whenever a seeks to protect. If that is the message, done by the Army Corps of Engineers— species is threatened or endangered, I wouldn’t want to be the messenger. A not by that dreaded Fish and Wildlife the Fish and Wildlife Service consults vote for the Daschle amendment sends Service, but by the Army Corps of En- with the relevant agency—in this case the message to communities all along gineers. the Army Corps of Engineers. And the Missouri River that this Congress The facts: If you look at the average under the law, the alternative must supports increased flooding of property annual Mississippi River navigation comply with the Endangered Species and higher costs for family farmers, costs for the Army Corps of Engineers, Act. It will not have the devastating factory workers, and industrial freight under the master manual it is about effect that has been asserted. movers. $45.70 million; under the spring rise al- I say so not as an assertion but I think it is pretty clear that there is ternative is it $46.85, which comes out backed up by facts, backed up by the not sound science to support some pro- to less than a 1-percent difference. So, Army Corps of Engineers’ own data. tection of these species. There is a again, it is a scare tactic and an inac- Look at the data. The data shows, A, clear disagreement among scientists, curate scare tactic to say that the this is not going to cause all the prob- and a strong argument that the imple- spring rise/split season is going to in- lems that have been asserted and, B, mentation of this plan would, in fact, crease navigational costs downriver on this is probably necessary under the damage the capacity of some of these the Mississippi. It is just not accurate, law. Otherwise, it is thrown in the species to continue. according to studies done by the Army courts, and we all know what happens I urge Senators to look closely at the Corps of Engineers. when something like this is thrown facts and to stand with the men and I have also heard on the floor this into the judicial system. We will be women who depend upon sane, sci- evening that the spring rise/split sea- wrapped up trying to resolve this for entific management of the Missouri son will decrease hydropower benefits years and years. and Mississippi Rivers, and to join me for the main stem reservoir system. I strongly urge my colleagues to do in voting no on the Daschle amend- That is the assertion. That is the rhet- what is right. Follow the science, fol- ment. oric. Let’s look at the facts. Let’s look low the law, and vote to delete section I yield the floor. at what the Army Corps of Engineers’ 103 from the appropriations bill. The PRESIDING OFFICER. Who actual data says. I have it here before Mr. President, I yield the floor. yields time? The distinguished Senator me. Under the current master manual, The PRESIDING OFFICER. The dis- from Montana. the average annual hydropower bene- tinguished Senator from Missouri is Mr. BAUCUS. I don’t know if the fits total $676 million. Under the spring recognized. Senator from Missouri wants to speak rise/split season, the average annual Mr. BOND. Mr. President, I yield my- now. I have maybe 5 or 10 minutes of hydropower benefits are higher, $683 self 5 minutes, which I hope ends this points I want to make, but if the Sen- million; not lower, higher. So the hy- debate for this group who is listening ator wants to speak now—— dropower benefits under the spring rise/ in rapt attention. I appreciate the at- Mr. BOND. Please; my colleague has split season are actually better, higher tention of those people who are sitting the floor. than they are under the current master on the edge of their seats learning Mr. BAUCUS. Mr. President, just sev- manual. more than they ever wanted to know eral points for the record. In all due re- Another point, you have heard stated about the Missouri River. It is impor- spect, listening to my colleagues, there many times on the floor tonight this tant to us. It is vitally important to were lots of conclusions. I don’t hear a provision has been in the appropria- Missouri and other downstream States. lot of facts, support for the statements tions bill for about 4 years and there We do disagree with some of the made. has been no objection; the President statements that have been made by my One of the statements I heard is that hasn’t objected, so what is the big colleagues on the other side. We have a flood control benefits will be much deal? The difference is in those prior disagreement on the interpretation and worse under the preferred plan, that is years it was all abstraction. That is, I think a disagreement on the facts. the spring rise/split season. But that is there was no Fish and Wildlife Service The statement has been made that not what the facts are, according to biological opinion. We were dealing the Fish and Wildlife Service’s split the Army Corps of Engineers. If you with thin air, not dealing with some- season does not have any impact on the look at all the various data here on all thing substantive. Now we are. The river flows in the Mississippi River. the various alternatives that the Corps Fish and Wildlife Service issued their That has not happened. The Fish and considered, it totaled up the flood con- biological opinion. We have something Wildlife Service proposal, according to trol benefits for the river from the Fort definite. And they concluded the spring the Corps of Engineers’ advice to us Peck Dam down to the mouth, and I rise/split season is necessary. today, has not happened. That is not must say there is statistically no dif- On that same point, I might say the accurate. ference in flood control benefits. So group that peer-reviewed this pro- I believe strongly the spring rise will this big scare tactic of floods—I have posal—I think there are seven or eight take water out of upstream reservoirs. heard some say, not on this floor, a from the Missouri River basin—unani- They need that water for recreation. I wall of water—is, according to the mously concluded this is necessary. have worked very closely with my facts, inaccurate. It is inaccurate ac- I might tease my good friend from friend and colleague from Montana, cording to the modeling done by the Missouri, saying his colleague at and others, to do what we can to ac- Corps on all the various alternatives. length quoted a Missourian who has commodate legitimate recreation The benefits under the current mas- had problems with the proposal alter- needs. My colleague from Montana was ter manual, flood control benefits, ac- native. I might tease my friend from a very valuable ally when we pushed

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17092 CONGRESSIONAL RECORD—SENATE September 6, 2000 through the middle Missouri River a risky scheme that provides tremen- ment Act of 2000. A report on the bill habitat mitigation plan that made dous potential for a flooding disaster was filed on August 25, 2000. At that changes that we think are improving along the Missouri River, and I urge time, the committee was unable to pro- fish and wildlife habitat along the Mis- my colleagues tomorrow to oppose the vide a cost estimate for the bill from souri. I thank him for that. motion to strike. the Congressional Budget Office. On When he says the models show there The PRESIDING OFFICER. The Sen- September 1, 2000, the accompanying is a statistically insignificant impact ator from Montana is recognized. letter was received from the Congres- downstream, any kind of spring rise in Mr. BAUCUS. Mr. President, I want sional Budget Office, and I now make it any year which is an exceptional flood to say it has been a good debate. Our available to the Senate. I ask unani- year is going to have exceptional and views have been aired. I deeply respect mous consent that the letter from CBO disastrous impacts. Look at it in a low- that different Senators might have dif- be printed in the RECORD. flow year. It may not make much dif- ferent points of view on this issue. There being no objection, the mate- ference, but if you put that spring After all, that is why we run for this rial was ordered to be printed in the surge down the river in a year when we job. That is why we are here. We all RECORD, as follows: get that unexpected 6-inch, 8-inch, 10- have various points of view. I do not U.S. CONGRESS, inch, 14-inch rise, we have a dev- want to be corny, but that is what CONGRESSIONAL BUDGET OFFICE, astating flood that not only wipes out makes democracy strong—various Washington, DC, September 1, 2000. Hon. JOHN MCCAIN, property and destroys facilities along points of view. Chairman, Committee on Commerce, Science, the river but puts lives at danger. I very much respect and appreciate and Transportation, U.S. Senate, Wash- The statement was made that fish my good friend from Missouri and oth- ington, DC. and game agencies are united behind ers who are arguing to include this pro- DEAR MR. CHAIRMAN: The Congressional this plan. They are not. This is one of vision in the appropriations bill to pre- Budget Office has prepared the enclosed cost the big questions that needs to be re- vent the spring rise. My basic point is estimate for S. 2440, the Airport Security Im- provement Act of 2000. solved. Resolution of those questions we have different points of view on If you wish further details on this esti- can and must go on during the coming this. My basic point is let the process mate, we will be pleased to provide them. year. We do not stop all of the agencies work, do not preempt it. There will be The CBO staff contacts are James O’Keeffe from continuing the discussions and plenty of opportunities for comments (for federal costs),who can be reached at 226– debate. Contrary to what has been said on the draft opinion and on whatever 2860, Victoria Heid Hall (for the state and on this floor by the proponents of the alternative the Army Corps of Engi- local impact), who can be reached at 225–3220, motion to strike, we only say you can- neers picks. There are lots of different and Jean Wooster (for the private-sector im- not implement the spring rise. pact), who can be reached at 226–2940. options. Let’s not prejudge it by saying Sincerely, This risky scheme needs to be thor- it cannot be one as opposed to others. BARRY B. ANDERSON oughly worked out, thoroughly de- Somebody might come up with a better (For Dan L. Crippen, Director). bated, before anybody has a thought of idea between now and then. My belief Enclosure. putting it into action. That is why we is we should let the process work. We CONGRESSIONAL BUDGET OFFICE COST want to have a year with no spring rise can let it work by not adopting this ESTIMATE, SEPTEMBER 1, 2000 implemented as ordered by the diktat rider to the appropriations bill. We S. 2440: AIRPORT SECURITY IMPROVEMENT ACT of the U.S. Fish and Wildlife Service in should work through this as it evolves. OF 2000, AS REPORTED BY THE SENATE COM- their letter of July 12. Mr. President, I yield the floor. MITTEE ON COMMERCE, SCIENCE, AND TRANS- The statement was made that the Mr. BOND. Mr. President, I am pre- PORTATION ON AUGUST 25, 2000 consensus of the States in the Missouri pared to yield back time on this side SUMMARY River Basin Association was in favor of and bring this to a blessed conclusion S. 2440 would require the Federal Aviation a spring rise. There is a difference be- Administration (FAA) to revise certain air- after stating that I appreciate the port security policies and procedures. These tween a spring rise in the upper part of chance to discuss this issue with my policies would direct airports and air car- the river which is above the dams, good friend from Montana and to say riers to implement a number of security above Gavins Point, which makes the we are willing to let the process go for- measures, including Federal Bureau of Inves- difference on what the flows are in Mis- ward. Just do not send us a controlled tigation (FBI) electronic fingerprint checks souri, Kansas, Iowa, and Nebraska. flood next spring. That is all we ask. before filling certain jobs, better training for The Missouri River Basin Association Let the process work. Do not send the security screeners, and more random secu- rity checks of passengers. S. 2440 also would recommends trial fish enhancement water down. flows from Fort Peck Reservoir. The require the FAA to expand and accelerate I now yield back the time on this the current effort to improve security at air enhanced flows will be coordinated side. traffic control facilities. with the unbalancing of the upper Mr. BAUCUS. Mr. President, I yield CBO estimates that implementing S. 2440 basin reservoirs and thus will occur ap- back the remainder of my time and ask would cost $155 million over the 2001–2005 pe- proximately every third year. This is that we let the process work. riod, assuming appropriation of the nec- in the upper basin. It does not have any The PRESIDING OFFICER. All time essary amounts. That amount represents the difference between estimated spending under impact directly downstream. is yielded back. With respect to the lower Missouri FAA’s current plan for security improve- f ments and spending for such improvements River, which is below the last dam— MORNING BUSINESS under the bill. Because S. 2440 would affect that is, Gavins Point releases—the direct spending, pay-as-you-go procedures statement of the Missouri River Basin Mr. BOND. Mr. President, I now ask would apply, but CBO estimates the net im- Association is that it recognizes the unanimous consent that the Senate pact on direct spending would be negligible. controversial nature of adjustment to now proceed to a period of morning S. 2440 contains an intergovernmental releases from Gavins Point Dam. business, with Senators permitted to mandate as defined in the Unfunded Man- dates Reform Act (UMRA) because it would MRBA recommends the recovery com- speak for up to 10 minutes each. require airport operators to improve airport mittee investigate the benefits and ad- The PRESIDING OFFICER. Without security. CBO estimates that the new re- verse impacts of flow adjustment to objection, it is so ordered. quirements would impose no significant the existing uses of the river system. f costs on state, local, or tribal governments, They did not, have not, and are not including public airport authorities. recommending increased flows. AIRPORT SECURITY S. 2440 would impose private-sector man- This effort by the Fish and Wildlife IMPROVEMENT ACT OF 2000 dates, as defined in UMRA, on air carriers and security screening companies. CBO ex- Service to impose their views over the Mr. MCCAIN. Mr. President, on June pects that total costs of those mandates views not only of the neighbors of the 15, 2000, the Committee on Commerce, would not exceed the annual threshold estab- people downstream who have studied Science, and Transportation reported lished by UMRA for private-sector mandates it, the fish and wildlife agencies, this is S. 2440, the Airport Security Improve- ($109 million in 2000, adjusted for inflation).

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ESTIMATED COST TO THE FEDERAL GOVERNMENT those mandates would not exceed the annual Local, and Tribal Governments: Victoria The estimated budgetary impact of S. 2440 threshold established by UMRA for private- Heid Hall (225–3220). Impact on the Private is shown in the following table. The costs of sector mandates ($109 million in 2000, ad- Sector: Jean Wooster (226–2940). this legislation fall within budget function justed for inflation). Estimate approved by: Peter H. Fontaine, 400 (transportation). First, the bill would mandate new hiring Deputy Assistant Director for Budget Anal- procedures and training standards for airport ysis. security workers. Section 2 would require air SPENDING ON SECURITY IMPROVEMENTS TO AIR TRAFFIC f CONTROL FACILITIES SUBJECT TO APPROPRIATION carriers to conduct an FBI electronic finger- print check on all applicants for certain po- [By fiscal year, in millions of dollars] VICTIMS OF GUN VIOLENCE sitions related to airport security positions Mr. REID. Mr. President, it has been 2000 2001 2002 2003 2004 2005 with unescorted access to sensitive areas, po- sitions with responsibility for screening pas- more than a year since the Columbine Spending Under Current Plan: sengers or property (screeners), and screener tragedy, but still this Republican Con- Estimated Authorization Level ...... 12 19 20 23 25 25 Estimated Outlays ...... 6 20 20 22 24 25 supervisor positions. Because the FBI elec- gress refuses to act on sensible gun leg- Proposed Changes: tronic fingerprint checks would make the islation. Estimated Authorization Level ...... 0 61 70 67 ¥25 ¥25 current price of employment investigations Estimated Outlays ...... 0 46 68 68 ¥2 ¥25 Since Columbine, thousands of Amer- Spending Under S. 2440: and subsequent audits of those investiga- icans have been killed by gunfire. Until Estimated Authorization Level ...... 12 80 90 89 0 0 tions unnecessary, enacting this section Estimated Outlays ...... 6 66 88 90 22 0 could result in savings for air carriers. Sec- we act, Democrats in the Senate will tion 3 would require additional hours of read the names of some of those who BASIS OF ESTIMATE training for security screeners. In addition, have lost their lives to gun violence in For this estimate, CBO assumes that S. the bill would require that computer train- the past year, and we will continue to 2440 will be enacted near the beginning of fis- ing facilities be located near certain air- do so every day that the Senate is in cal year 2001 and that the necessary amounts ports. session. will be appropriated for each fiscal year. Es- Second, the bill would accelerate the effec- In the name of those who died, we timated outlays are based on historical tive date of two sets of requirements that will continue this fight. Following are spending patterns. the FAA plans to implement in the next S. 2440 would require the FAA to expand year. Section 3 would accelerate the FAA’s the names of some of the people who and accelerate its current plans to improve current proposed rule on the Certification of were killed by gunfire one year ago security at air traffic control facilities. Screening Companies. The rule is intended today. September 6, 1999: Andres Based on information from the FAA, imple- to improve aviation security by requiring Aguliar, 33, Houston, TX; Sharon menting this provision of the bill would cost companies and air carriers that provide secu- Barraso, 20, Philadelphia, PA; Tony about $155 million over the 2001–2005 period. rity screening to be certified by the FAA. Butler, 18, Philadelphia, PA; Edwin This amount includes a spending increase of Section 4 would also accelerate a number of Cordova, 23, Houston, TX; Tijuan $182 million during the 2001–2003 period and a requirements on air carriers to improve se- Dickey, 19, Baltimore, MD; Ellis Hair, $27 million reduction in spending over the curity at access control points at airports. following two years, relative to current Most significantly, the section would require 21, Chicago, IL; Anthony Jones, 32, De- plans for security improvements. air carriers to develop and implement pro- troit, MI; Louis Merril, 17, Chicago, IL; Implementing S. 2440 would require air- grams that foster and reward compliance Oscar Murray, 24, Detroit, MI; Isaac ports and air carriers to increase the number with access control requirements. Because S. Noyola, 21, Houston, TX: Kevin Parker, of fingerprint checks on employees and po- 2440 would accelerate implementation of 23, St. Louis, MO; Michael Sanchez, 28, tential hires that are conducted by the FBI those new mandates, air carriers and secu- Philadelphia, PA: Gregory Scott, 30, with assistance from the Office of Personnel rity screening companies would incur some Management. Both of these agencies would Houston, TX; Vincent Casey Stanley, compliance costs months earlier compared 36, Memphis, TN; Cheryl Thornton, 20, receive payments from airport operators and to current law. air carriers (or their contractors), which Third, Section 6 would require the FAA to New Orleans, LA; Unidentified Male, would be recorded as offsetting receipts (a gradually increase the random selection fac- 58, Norfolk, VA; and Unidentified Male, credit against direct spending). These pay- tor in the Computer-Assisted Passenger 25, Norfolk, VA. ments could then be spent without further Prescreening System (CAPPS) at airports One of the gun violence victims I appropriation action to conduct fingerprint where bulk explosive detection equipment is mentioned 23-year-old Edwin Cordova checks on employees. Since the additional used. The selection factor controls the num- of Houston, was on his way home from direct spending and offsetting receipts would ber of passengers randomly selected to have be approximately equal, we estimate that a trip to Galveston with a group of their baggage undergo enhanced security friends. After passing a truck that had the net impact on direct spending of this checks. If bulk explosive detection equip- provision would be negligible. ment is available, it is used for this en- been attempting to block their way, PAY-AS-YOU-GO CONSIDERATIONS hanced security check. If it is not available, one of the truck’s passengers fired gun- The Balanced Budget and Emergency Def- the passenger’s baggage is placed on the air- shots through the rear window of the icit Control Act sets up pay-as-you-go proce- plane only after the air carrier has con- vehicle. Cordova, who was riding in the dures for legislation affecting direct spend- firmed that the passenger is on board. front passenger’s seat, died at the hos- ing or receipts. implementing S. 2440 would Because only about 5 percent of airports pital of a gunshot wound to the neck. affect direct spending, but CBO estimates use the bulk explosive detection equipment, We cannot sit back and allow such that any such effects would be negligible. enacting Section 6 would, in theory, increase senseless gun violence to continue. The the number of bags that would be checked ESTIAMTED IMPACT ON STATE, LOCAL, AND deaths of these people are a reminder TRIBAL GOVERNMENTS with the bulk explosive detection equipment in only a few airports. According to the FAA to all of us that we need to enact sen- S. 2440 contains an intergovernmental and industry representatives, however, a sible gun legislation now. mandate as defined in UMRA because it limitation in CAPPS would not allow an in- would require airport owners and operators f crease in the random factor in a subset of se- to improve airport security. Based on infor- lected airports. All airports would be subject A STRONG MEDICARE FOR OUR mation from the Airports Council Inter- to the increased random factor. Thus, to national and the Air Transport Association, SENIORS’ FUTURE comply with the mandate air carriers would CBO estimates that the new requirements have to either (1) reprogram their computer Mr. ABRAHAM. Mr. President, Medi- would impose no significant costs on state, systems to selectively increase the random care, that’s what seniors and health local, or tribal governments, including air- selection factor in airports that use bulk ex- care providers in Michigan talked port authorities, because under existing con- plosive detection equipment or (2) increase about with me over the August recess— tracts and agreements any additional costs the number of bags undergoing enhanced se- would be borne by air carriers and other air- Medicare. Whether it was prescription curity checks based on the factor whether or port tenants. drug coverage for Medicare bene- not an airport uses such equipment. In either ESTIMATED IMPACT ON THE PRIVATE SECTOR ficiaries, Medicare reimbursement res- case, air carriers would incur the incre- toration so that health care providers S. 2440 would impose private-sector man- mental cost of checking the additional bags dates, as defined by UMRA, on air carriers at airports that use bulk explosive detection can continue to provide quality health and security screening companies. Based on equipment. care for beneficiaries, or reining in the information from the FAA and industry rep- Estimate prepared by: Federal Costs: excesses in this Administration’s cru- resentatives, CBO estimates that the costs of James O’Keeffe (226–2860). Impact on State, sade to ferret out Medicare fraud and

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17094 CONGRESSIONAL RECORD—SENATE September 6, 2000 abuse, even where it does not exist, I be able to provide adequate medical gan, where price savings of as much as have heard the message of my constitu- care for seniors. However, Michigan 70 percent on drugs are obtained. But ents, and that is that Medicare needs seniors need prescription drug coverage as I’ve pointed out before, Medicare to be modernized, reformed, and re- as soon as possible, and I intend to see beneficiaries can’t take advantage of focused on providing the best health that happen. these savings because the Medicare care possible for seniors and the dis- Twice this summer, once on my own, system still employs the antiquated abled. and once with a bipartisan group of 12 priorities and structures of the days in Nowhere has the national debate on other Senators, I have called upon the which it was born. Medicare focused more clearly than on Senate Leadership to bring to the Sen- For the average American senior prescription drug costs. The increased ate floor a meaningful prescription with drug expenses of about $670 per reliance on prescription drugs in health drug plan that will not only cover year, in 2002, our plan would provide an care treatments in recent years means these increasingly expensive drugs, but immediate savings of $235 per year. seniors are paying a much higher por- also ensure that such a plan does not And, depending upon the drugs they tion of their income on drugs. As new impose additional costs on our seniors, have prescribed, savings could be as drugs come on the market that allow additional costs that would wipe out high as 70–85 percent for the more com- doctors to treat illnesses without sur- any savings the coverage would pro- mon drugs where usage is higher and gery, or even allow them to treat ill- vide. It makes little sense to me to es- competing brands more plentiful. Fur- nesses for the first time, the result is tablish a prescription drug plan that thermore, there would be even greater that health care has shifted from inpa- pays for 50 percent, or even 100 percent, market pressure for lower prices under tient hospital services for surgical of a senior’s drug expenses, which aver- our plan because multiple, competing treatment to outpatient care that uti- age about $550 per year, but then saddle drug discount plans would be available lizes more, better, and more specific them with $600 in new premiums, and from which seniors could choose. If the drugs. The result is that while per unit have them end up with greater out-of- particular drugs a senior uses were costs of drugs are expected to increase pocket expenses than if they never had cheaper under another plan, that sen- by an average of 3.2 percent over the the coverage in the first place. That’s ior could shift over to that plan, and next five years, overall drug expendi- not what I hear Michigan seniors say enjoy those better discounts. By allow- tures are expected to rise by almost they want in a prescription drug plan. ing the market to drive down prices we 14.5 percent per year as the number of No, what I hear them say is that they can provide robust market price dis- prescriptions per senior shoots up by want a prescription drug plan that will counts that no other plan before Con- more than 20 percent. actually reduce their out-of-pocket ex- gress can beat, and which are substan- But Medicare, developed in the late penses, allow them the most freedom tially better than those offered under 1960’s, and little changed since then, is and choice in determining their own almost every Democrat plan which I’ve still geared primarily towards the anti- coverage, and protect them from unex- seen. In fact, because almost every quated focus on intensive, inpatient pectedly high drug expenses, expenses plan that has been offered by Demo- care, and continues to miss the funda- that can make their daily choice one crats in both the Senate and the House mental shift towards modern care tech- between food and drugs. allows for only a single entity to con- niques, including prescription drugs. That’s why I am so excited about the trol the price discounting for Medicare Comprehensive Medicare reform, such prescription drug plan on which I have seniors, there will be little competitive as that outlined in the recommenda- been working with Senators HAGEL and pressure to pass along savings to Sen- tions of the Bipartisan National Com- MCCAIN as well as the other cospon- ior consumers, and little incentive to mission on the Future of Medicare that sors, the Medicare Rx Drug Discount even try to get prices down. The Con- embodies choice, competition, and and Security Act of 2000, S. 2836. Of all gressional Budget Office recognized modernization, would allow Medicare the plans we have seen presented before this during their analysis of the Presi- to continue its guarantee of health this and the other Chamber, I believe dent’s prescription drug proposal, and coverage, while providing the type of this bill most directly addresses the determined that drug discounts would health coverage that a modern senior major issues of prescription drug cov- only average 12.5 percent, or about a needs. Unfortunately, apparently due erage. First, unlike any other bill cur- third of those that would be seen under to the election cycle games of this Ad- rently before Congress, it provides the Hagel-Abraham plan. ministration, the necessary super-ma- broad and deep discounts for prescrip- But reducing the price of drugs is jority could not be mustered to report tion drugs, on average 30–39 percent only half of the prescription drug equa- these proposals to Congress. So, Amer- discounts, through multiple, competing tion. The other half is ensuring that ica’s seniors continue to be denied drug discount buying plans. Much has Medicare provides the needed protec- without a modern Medicare system, in- been made over the last few years tions for Seniors against expensive cluding prescription drug coverage. about the relative price difference drug treatments that may force them But these political realities do not American seniors pay for their pre- to decide between putting bread on the lessen the immediacy of the problem, scription drugs as compared to those table or taking a life-saving drug. And nor the need for this Congress to move paid by their Canadian counterparts, the Hagel-Abraham bill does just that now on providing a prescription drug where prices are fixed by the Govern- with the best catastrophic drug cov- benefit. I believe we must move on ment. But those comparisons are of the erage of any bill before Congress. By passing a prescription drug coverage retail price. When the prices paid by tiering the coverage to income, we as- plan for Medicare seniors, and pass it Canadian seniors are compared to the sure all seniors they will not be finan- now. I hear the cry of my colleagues prices paid by American seniors that cially devastated by drug expenses for who say this will take the wind out of are in group buying plans, the Amer- some of the new treatments that can the sails for needed overall Medicare ican senior pays less. approach $500 per month. reform, but that assumes comprehen- And these plans are not uncommon. Here is how the prescription drug sive reform is possible during this ses- In fact, 71 percent of all prescription costs caps break down under the Hagel- sion of Congress. Given the politically drugs paid for by third parties have Abraham plan. Seniors earning less charged nature of this election, and the been administered by these group buy- than 200 percent of poverty, $16,700 for fact that our colleagues on the other ing plans, such as with the Michigan a single and $22,500 for a couple, would side of the aisle seem to find new ex- National Guard’s drug insurance cov- pay no more than $1,200 annually. All cuses every week for why they can’t erage plan. Furthermore, many group drug expenses after that would be cov- vote for even the most non-controver- buying plans are offered outside of in- ered by the Federal Government. For sial of the appropriations bills, I doubt surance programs, such as those inno- those seniors that earn more than that, that will happen. In the short term, vative programs being offered by but below 400 percent of poverty, $33,400 Medicare will remain solvent and will Macomb and Wayne Counties in Michi- for singles and $45,000 for couples, costs

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17095 would be limited to $2,500 annually. these same things. There is no escaping care that Congress has given them. In And Seniors above 400 percent of the the fact that when the government fact, while the original Balanced Budg- poverty level, up to $100,000 for singles controls all aspects of prescription et Act of 1997 was expected to reduce and $200,000 for couples, would pay no drug insurance the quality of care and Medicare growth by $103 billion be- more than $5,000 annually. Although access are placed in jeopardy. It has tween 1998 and 2002, this Administra- some of my colleagues may believe been happening in Canada and we can- tion’s relentless ratcheting down of re- that prescription drug insurance not allow that to happen to whatever imbursements over and above that au- should be available to all Medicare new prescription drug coverage we pro- thorized by Congress has pushed those beneficiaries, and that the government vide. cuts to almost $250 billion. And be- should subsidize the insurance of even But we are taking action to stop the tween 2001 and 2005, the cuts are ex- the wealthiest Americans, I don’t Administration’s attempts to cut back pected to be even more dramatic, think it makes sense to subsidize the cancer drug coverage for sick seniors. I climbing from $163 billion to $457 bil- drug expenditures for those single sen- am cosponsoring with Senator lion, 280 percent greater than Congress iors making more than $100,000, and ASHCROFT the Cancer Care Preserva- originally intended. those couples making more than tion Act, which will guarantee that The consequences for Michigan’s $200,000, especially considering they HCFA cannot implement any reduc- health care industry are devastating. have much easier access to private in- tions in Medicare reimbursements for According to the March 2000 Michigan surance coverage. outpatient cancer treatment unless Health and Hospital Association re- What makes this proposal particu- those changes are developed in con- port, ‘‘The Declining State of Michigan larly attractive, in my opinion, is that junction with the Medicare Payment Hospitals’’ HCFA’s implementation of it does not require seniors to pay hun- Advisory Commission and representa- BBA 97 has cost Michigan hospitals an dreds of dollars in new Medicare pre- tives of the cancer care community, average of $8.5 million each. As a re- miums, premiums that could be greater provides for appropriate payment rates sult, 68 percent of the hospitals have than their actual drug expenses. In for outpatient cancer therapy services, been forced to eliminate at least one fact, the Congressional Budget Office and is specifically authorized by an act service, ranging from urgent care and has determined that when the Presi- of Congress. Furthermore, I am sending rural health clinics, to rehabilitation dent’s prescription drug proposal is a letter to the President of the United and pain management centers, to fully implemented, seniors will have to States today, calling upon him to re- screening and preventative health serv- pay more almost $600 per year in new scind HCFA’s plan until such time as ices. Forty-five percent of all the hos- Medicare premiums, on top of the $88 such changes can be fully examined by pitals have eliminated at least two of per month they will have to pay for the cancer care community and Con- the services, and more than half of their existing Part B Medicare cov- gress. To think that the Medicare sys- those who haven’t yet eliminated serv- erage. I can’t see how that can be a tem could stop covering the most effec- ices yet are considering it for 2000. Pre- good deal for America’s seniors. CBO tive cancer treatments simply by it’s vious reports have put the statewide also recently scored the drug proposal own edict should be a clear warning to total lost hospital revenue at $2.5 bil- offered by Senator ROBB as an amend- all of my colleagues on the dangers in lion, or just over $13.5 million per hos- ment to the Senate’s Labor-HHS Ap- having a single agency control the ac- pital. propriations Bill. That proposal would, cess to our senior’s prescription drugs. But hospitals are not the only health according to CBO, increase Medicare’s And that leads me to the second care provider hit by the effects of BBA financing gap between revenues and problem I’ve been hearing about in 97 and the voracious appetite of HCFA outlays by 25 percent, while imposing Michigan the issue of how HCFA and bureaucrats. Home Heath Care agen- new premiums of $80 per month, or $960 this Administration manage Medicare, cies have been particularly hard hit by per year! Forcing America’s seniors to especially with regard to reimburse- HCFA policies seemingly intent on pay almost $1,000 per year, just to have ment rates. When I first came to the driving them all out of business. Home the privilege of participating in this Senate, Medicare was going broke health care spending was expected to big-government drug program, is quickly, and was bound for bankruptcy grow by $2 billion even after BBA 97 wrong, flat-out wrong. And it will most by 2001. The Balanced Budget Act of cost containment measures, but have likely wipe out any savings they would 1997 implemented necessary changes to dropped by $9 billion, a 54 percent drop gain from the coverage in the first contain the growth in Medicare spend- in just two years. In fact, the number place. I believe by the time these plans ing to extend the system’s solvency of home health care claims have were fully implemented, Michigan sen- until 2015, giving us time to implement dropped by 50 percent in just two years, iors would be wishing for the ‘‘good ol’ necessary structural and market-based and the average payment per patient days’’ where the government wasn’t reforms in Medicare, reforms that can lowered by 38.5 percent, far lower than providing them such ‘‘great’’ coverage make the program viable for genera- originally projected with BBA 97. CBO that forced them to spend more than tions to come. But those modest reduc- stated this unexpected drop in reim- they did before. tions in the rate of growth for Medi- bursements as the primary reason that I am not merely railing against these care have become full-blown cuts in total Medicare spending dropped last plans because they represent a big-gov- the face of this Administration’s re- year. Over the four years covered by ernment view of legislating. No, it’s fusal to spend the money Congress has BBA 97, CBO now expects home health that I am deeply concerned with the authorized them to spend. care spending to be reduced by $69 bil- record of the Health Care Financing In fact, this Administration has lion, over four times the original $16 Administration and its existing pre- short-changed Medicare by $37 billion billion that they originally estimated. scription drug programs. The fact of in the last two years. The Congres- Like hospitals, home health care has the matter is that HCFA’s centralized, sional Budget Office’s July 2000 Budget been decimated. Over 2,500 home health top-down, bureaucratic method of pro- Projection update indicates that Medi- agencies have closed or stopped serving viding it’s current inpatient drug ben- care spending this year will be $14 bil- Medicare patients. Moreover, HCFA es- efit has led to drug rationing, cutbacks lion below what Congress budgeted, fol- timates that nearly 900,000 fewer home in coverage, and price fixing. Just re- lowing last year’s spending by the Ad- health patients received services in cently this Administration announced ministration of only $209 billion for 1999 than in 1997. that it intends to cut back coverage of Medicare versus the $232 billion Con- Finally, I think we need to look at cancer-fighting drugs administered in gress provided. The fact of the matter, the effects of this Administration’s doctors’ offices and set the price for is that most reimbursement rates are policies on reimbursements to skilled those drugs by Executive fiat, even set by the Administration and HCFA, nursing facilities. Under BBA 97, the while it says that it’s proposed addi- and this Administration has repeatedly rate of growth for skilled nursing facil- tional drug coverage will not result in refused to spend the money on Medi- ity reimbursements was to be slowed

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17096 CONGRESSIONAL RECORD—SENATE September 6, 2000 by $19.8 billion between 1998 and 2004. October 1, 2001. The home health care my colleagues on both sides of the However, since that original projec- industry cannot survive with the cur- aisle, especially my fellow Budget tion, reimbursements are now expected rent reimbursement reductions, let Committee Members, to draft a Medi- to fall by an additional $15.8 billion. alone another 15 percent across-the- care lockbox that not only protects the This even takes into account the $2 bil- board cut. Finally, I am working close- Medicare surpluses, but also enhances lion in reimbursement restorations ly with a number of my colleagues to our ability to provide for the long-term provided by the Balanced Budget Re- craft a bill that will provide for ade- solvency of the system. Even after pro- finement Act of 1999. For Michigan, the quate nursing home reimbursements viding for a new prescription drug ben- numbers are equally disconcerting. through a refinement of the inflation efit, and after providing for healthier Michigan has lost $643 million in nurs- adjustment factors. We believe appro- reimbursements for health care pro- ing facility reimbursements, over and priate legislation will be available this viders, we will still have about $110 bil- above those projected with BBA 97, week or next, and if any of my col- lion in Medicare surpluses available to over 75 percent more than originally leagues are interested in joining this fund this reform. Given that the Bipar- projected. Is it any wonder then, that effort, I encourage them to contact me tisan Medicare Commission’s reform 25 percent of all skilled nursing facili- immediately. proposal would actually end up costing ties serving Medicare patients are op- The third concern I hear from less than the current Medicare system erating in bankruptcy and that why Michiganians about Medicare, is that through competition and choice, I be- the number one problem for hospital even with the steps we have taken to lieve this is more than adequate to fix discharge coordinators is that they improve its financial standing and the our problems with Medicare. Regard- can’t find nursing facilities for their quality of care, it is still headed to- less, the Medicare lockbox will ensure patients needing them? wards bankruptcy in the very near fu- those surpluses are still there when the We have provided some important re- ture. Seniors in Michigan are scared, need comes for any funds to finance re- imbursement relief in the Balanced scared that they will lose their Medi- form. Third, I believe we need to allow Budget Refinement Act of 1999. But it care benefits because we cannot mod- Americans to prepare for their retire- was only a first step and by no means ernize Medicare so that it will stay sol- ment health care needs outside of a complete response to the Administra- vent for generations to come. But it Medicare through Medical Savings Ac- tion’s policies. While Medicare reim- looks like things are getting better counts, or MSAs, long-term care insur- bursements over the next five years are with Medicare and that at least in the ance, and existing health care benefit projected to be cut by $295 billion more short term, we have the fiscal breath- flexibility. Today’s able-bodied work- than originally projected, BBRA 99 ing room to make the necessary ers will be tomorrow’s seniors, and to only restored about $16 billion of that, changes to avoid a train wreck down the extent that we can set in motion or less than 5 percent of the additional the way. now provisions that will allow them cuts. Containing the growth of Medi- This summer the Board of Trustees more choices, more options, and more care was necessary to ensure Medicare of the Federal Hospital Insurance access to quality health care, the did not go bankrupt, but this contin- Trust Fund issued a correction to their healthier our entire retirement health uous, unsustainable ratcheting down of 2000 Annual Report. In it, the Trustees care system will be, including Medi- reimbursements is simply wrong, and reported that the financial projections care. As we all know, MSAs are a mar- we must reverse it now. That is why were more favorable than those made ket-based alternative for quality this body must bring to the floor real, in 1999, that the Trust Fund income ex- health care. They offer maximum flexi- substantive, Medicare reimbursement ceeded expenditures for the second year bility for the self-employed, employees, restoration legislation. And we must in a row, and that the Fund now met and employers while reducing the out- do it very soon. We cannot wait until the Trustees’ test of short-range finan- of-pocket cost of insurance. MSAs are next Congress, or even until next cial adequacy. In fact, income is now an alternative health insurance plan month. We must do it now. Ensuring projected to continue to exceed expend- with real cost-control benefits for the Medicare’s fiscal solvency on the backs itures for the next 17 years, a substan- millions of Americans who have been of Medicare providers is not only tial increase over previous estimates. forced into managed care and feel they wrong, but counterproductive, and will Now 2017 is still too soon for us to have lost control of their health care ultimately lead to the insolvency of rest in our efforts to ensure the perma- decisions. By establishing these MSAs Medicare’s health care guarantees as nent solvency of Medicare through now, tomorrow’s seniors will have siz- we know it. market-based modernization and re- able balances available in their retire- I have been working very hard to pro- form, as well as provide seniors’ access ment years to supplement whatever vide specific reimbursement relief for to the full spectrum of health care op- coverage is available under Medicare. Michigan’s health care providers. First, tions. First, we need to shift Medicare To that end, I believe we should make Senator HUTCHISON of Texas and I have from a centrally-controlled govern- MSAs permanent and affordable by re- been fighting for two years now to im- ment system to a market-based sys- moving eligibility restrictions, includ- prove the inpatient reimbursements for tem, one that maximizes choice and ing allowing Federal employees to have hospitals. Our American Hospital Pres- can best respond to changing medical MSAs, lowering the minimum deduct- ervation Acts of 1999 and 2000 would do care needs, such as recommended by ible, permitting both employer and em- just that. This year’s version will re- the National Bipartisan Commission on ployee MSA contributions, and allow- store the entirety of the Market Bas- the Future of Medicare. ing MSAs in cafeteria plans. Further- ket Indicator inflation adjustment for Second, to ensure that we don’t raid more, I believe we should also waive inpatient hospital reimbursement the Medicare Trust Funds to pay for the 15 percent penalty tax on non-med- rates, returning over $6.9 billion to hos- non-Medicare spending, as repeatedly ical distributions if the remaining bal- pitals over the next five years, and proposed by this Administration, we ance at least equals the plan deduct- $13.5 billion over the next 10. That will need to wall off the Medicare Trust ible. in turn mean more than $536 million in Fund surpluses so that they can only As for long-term care insurance, I increased reimbursements for Michigan be used for Medicare. I have been proud support legislation phasing-in 100 per- hospitals over the next ten years, or to vote for a Medicare lockbox pro- cent deductibility of long-term care in- more than $3.4 million per hospital. posal. But recent analysis by conserv- surance premiums, when they are not Likewise, I have joined 53 of my col- ative groups such as the Heritage substantially subsidized by an em- leagues in cosponsoring S. 2365, the Foundation, and liberal groups such as ployer. Under my plan, individuals age Home Health Payment Fairness Act to the Center on Budget and Policy Prior- 60 and older would not be subject to eliminate the automatic 15 percent re- ities have raised serious questions such a phase-in period, and would qual- duction to home health payments cur- about the efficacy of each of these pro- ify for 100 percent deductibility imme- rently scheduled to go into effect on posals, and so I will be working with diately. I believe we should also allow

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17097 long-term care insurance to be offered withdrawn my support for raising the have been found with hospitals who as a cafeteria plan benefit. By pro- eligibility age. I no longer believe this deny patients the most appropriate viding for more accessible long-term change is necessary in light of the im- regimen of care in complex cases be- care options, retirees can build insur- proved financial status of Medicare, or cause they do not believe they will be ance against the catastrophic expenses prudent in light of the failure of its fully reimbursed by Medicare if they of long-term home and nursing facility sponsors to adequately address the con- submit such a complex care claim. care that is becoming increasingly dif- cerns I raised. That is why on July 27, I introduced ficult to obtain under Medicare. Finally, the fourth Medicare issue on S. 2999, the Health Care Providers Bill Finally, we should allow for greater which I have been inundated with com- of Rights, a bill aimed at addressing health insurance plan flexibility, espe- plaints is how hard it is to navigate the the numerous regulatory and law en- cially with regards to the multipurpose regulatory complexity of the Medicare forcement abuses in the Medicare sys- Flexible Spending Accounts. Flexible system. I have heard from doctors and tem that have brought to my attention Spending Accounts and cafeteria plans hospital administrators, home health by Michigan health care providers. have become a popular means of pro- care agencies and skilled nursing fa- This bill addresses many of the specific viding health benefits to employees, cilities, about how even a simple mis- regulatory ‘‘hassles’’ experienced by but under current law, unused benefits take, or even a difference of opinion, doctors and providers everyday as they are forfeited. This ‘‘use it or lose it’’ can embroil them in legal controver- try to provide the best possible care for rule has limited the appeal of these sies that take years to resolve, and our Seniors. many times more in legal bills than plans as well as forfeiting substantial The bill is divided into six titles: the amount of the originally contested amounts of money that could be avail- Title I—Reform of HCFA Regulatory bill. HCFA has now produced over able for retirement health care needs. I Process; Title II—Reform of Appeals 111,000 pages of Medicare regulations, support legislation which will allow Process; Title III—Reform of Overpay- three times the size of the incredibly transferring up to $500 in unused Flexi- ment Procedure; Title IV—Reform of complex Internal Revenue Code. These ble Spending Account balances from Voluntary Disclosure Procedure; Title regulations make it nearly impossible one year to the next, or to roll-over V—Criminal Law Enforcement Re- to operate efficiently, and make simple that amount into an IRA, 401(k) retire- forms; and Title VI—Provider Compli- administrative errors appear to be ment plan, or a Medical Savings Ac- ance Education. count. criminal fraud. In fact, on August 10th, All of these proposals will help retir- 1998, Dr. Robert Walker, president Provisions that should be of par- ees better plan for and provide for their emeritus of the Mayo Foundation, told ticular interest to my colleagues are health care needs. But regardless of the National Bipartisan Commission on those that rescind HCFA’s ability to these supplemental programs, Medi- the Future of Medicare, ‘‘The public withhold future reimbursements in care will still be at the base of any re- has been led to believe that the, Medi- order to offset alleged prior underpay- tirees health care program. That’s why care, program is riddled with fraud, ments, a strict 180 day time line for it’s even more heartening to see in the when in reality, complexity is the root completion of the Medicare adminis- corrected Medicare Trustees’ report of the problem. This has contributed to trative appeals cases, placing program that some of the more drastic measures the continuing erosion in public con- participation terminations and suspen- we once thought would be required are fidence in our health care system. We sions in abeyance while appeals are no longer necessary to keep Medicare must all have zero tolerance for real pending, prohibiting the use of sample sound. For example, in 1997, when fraud, but differences in interpretation audit results to reduce future reim- Medicare was on the verge of bank- and honest mistakes are not fraud.’’ bursement rates, stopping overpay- ruptcy by 2001, many of us, on a bipar- Recently, the Association of Amer- ment collections while appeals are tisan basis, voted in favor of a limited ican Physicians and Surgeons con- pending, and establishing voluntary move to raise the retirement age for ducted a survey of its members as to disclosure procedures that also bring Medicare eligibility from 65 to 67 years the impact of HCFA regulations on the Department of Justice and U.S. At- of age starting in 2003 and phased-in their ability to treat patients. They torneys into the process, as well as pro- over the following twenty-four years. found that it costs on average 27 per- viding safe harbor from prosecution for We did that on a near emergency basis, cent more to process a Medicare claim those that enter into and abide by the because the Medicare system was as it does a private health insurer voluntary disclosure requirements. threatened. But I noted at the time, if claim, and that doctors and their staffs Some further provisions that were the situation improved, such a change spend more than a fifth of their time specifically recommended by providers would not be necessary. In my opinion, on Medicare compliance issues. Fur- include requiring HCFA, fiscal inter- that is now the case, and that kind of thermore, more than half of all doctors mediaries, and carriers to all spend a approach no longer needs to be consid- say they will retire from active patient portion of their Medicare funds on pro- ered in light of the improved financial care at a younger age because of ‘‘in- vider education, requiring them to pro- condition of Medicare and the emer- creased hassles with Medicare.’’ This is vide legally binding advisory opinions gence of significant Medicare trust bad news for Medicare seniors, as fur- on Medicare coverage, billing, docu- fund surpluses. ther pointed out by the survey. Almost mentation, coding, and cost reporting In fact, at the time I cast my vote on a quarter of all doctors are no longer requirements, as well as extending the this question, I entered into the accepting new Medicare patients, and current anti-kickback, civil monetary RECORD on July 14, 1997, a number of of those that do, 34 percent are re- penalty, and physician self-referral ad- prerequisites which I indicated would stricting services to those patients, visory opinion requirements that are have to be met in order for me to sup- such as difficult surgical procedures or set to expire August 21st of this year. port the actual implementation of the comprehensive medical work-ups. Last, A number of organizations have ex- proposal. In that none of these pre- these are not changes simply to stop pressed their strong support for this requisites—the development of a viable previously fraudulent activity. Thirty- legislation, including the Michigan system for low- and middle-income sen- eight percent of all doctors surveyed Health & Hospital Association, the iors to obtain and maintain affordable stated they submitted Medicare claims Federation of American Hospitals, the health care until eligible for Medicare, that they knew were for less than for National Association for Home Care, as well as concurrence by the National which they were entitled, or the American Federation of Home Care Bipartisan Medicare Commission on ‘‘downcoding’’ in the Medicare regu- Providers, the Healthcare Leadership the Future of Medicare on raising the latory parlance, but did not want to Council, and the American Health Care eligibility age—have been addressed in subject themselves to the potential of Association. I ask unanimous consent the two to three year time-frame that erroneous HCFA reviews and claim de- these letters of support be printed in I set forth in my statement, I have nials. Similar ‘‘downcoding’’ results the RECORD.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 17098 CONGRESSIONAL RECORD—SENATE September 6, 2000 There being no objection, the letters scope of statutory authority or have been did not know was against the rules. Pro- were ordered to be printed in the promulgated in violation of the Administra- viders have every intention of following the RECORD, as follows: tive Procedures Act. This legislation solidi- rules, but they must have advance notice of fies timely judicial review of these chal- what the rules are. MICHIGAN HEALTH & lenges. Another important provision in the The Medicare home health benefit is at HOSPITAL ASSOCIATION, legislation promotes greater health care pro- great risk due to severe financial reductions Lansing, MI, August 9, 2000. vider participation in program integrity ef- and onerous and unnecessary administrative Hon. SPENCER ABRAHAM, forts by improving the voluntary disclosure burdens. Direct intervention by the Congress U.S. Senate, Dirksen Senate Building, Wash- and overpayment repayment processes. is necessary to ensure the integrity and fu- ington, DC. The bill also contributes to health care ture of this important and popular benefit. DEAR SENATOR ABRAHAM: The Michigan provider education and compliance efforts by We deeply appreciate your concern for home Health and Hospital Association (MHA) ap- providing for the reauthorization of the ex- health patients and those who care for them. preciates the opportunity to comment on the isting advisory opinion provisions subject to Enactment of the provisions in this bill Health Care Provider Bill of Rights and Ac- expire in August and setting some new advi- would make a major contribution to expand- cess Assurance Act. The legislation includes sory opinion requirements. The existing ad- ing access to home health care and strength- many provisions aimed at ensuring that visory opinion statutes provide guidance on ening the home care infrastructure. Our hats health care providers are treated in a fair, the application of the antikickback and phy- are off to you for this groundbreaking legis- equitable and civil manner. Michigan’s hospitals and health systems sician self-referral laws. The bill also adds a lation. With best regards, must contend with an array of complex new requirement that HCFA, acting through Sincerely, Medicare laws and regulations. Too often, its contractors, provide written answers to VAL HALAMANDARIS, Medicare billing errors, due to confusing and health care providers on nuts and bolts bill- President. conflicting regulations and instructions, are ing, coding and cost report questions. In a presumed to be purposeful and intentional program this complex, errors are likely and acts. Title I of the bill positively addresses providers need greater assistance to navigate HEALTHCARE LEADERSHIP this regulatory maze, mandating that the the myriad of law, regulation and policy. COUNCIL, Health Care Financing Administration fol- Hospitals want to be active partners in the Washington, DC, July 26, 2000. low clear and specific procedures when effort to promote program integrity and Hon. SPENCER ABRAHAM, issuing regulations. hope to work closely with HCFA and its pro- U.S. Senate, Dirksen Senate Office Building, Another provision that will be particularly gram integrity partners on education and Washington, DC. beneficial is the inclusion of criminal law en- prevention efforts. DEAR SENATOR ABRAHAM: On behalf of the forcement reform. Establishing specific We appreciate your interest in these mat- Healthcare Leadership Council (HLC), I search warrant rules as well as revising cur- ters and look forward to working with you would like to express our deep appreciation rent law enforcement powers of the Health on this important legislation. for your proposal to help health care pro- and Human Services Office of Inspector Gen- Sincerely, viders comply with Medicare’s increasingly eral will greatly assist in minimizing any THOMAS A. SCULLY, burdensome regulatory maze. disruption of patient care or threats to the President and CEO. The HLC is a chief executive coalition of confidentiality of patient records. over 50 of the largest health care organiza- We commend you for addressing these NATIONAL ASSOCIATION tions in the country, including hospital sys- areas of concern. The MHA also would like FOR HOME CARE, tems, insurers, pharmaceutical companies, to express its gratitude for your leadership Washington, DC, July 27, 2000. and medical device companies. The HLC has on hospital issues as we work to maintain Hon. SPENCER ABRAHAM, zero tolerance for true fraud and abuse. True the highest quality of care for Medicare U.S. Senate, Dirksen Senate Office Building, fraud and abuse in our health care system beneficiaries. Washington, DC. undermines quality, threatens patients’ Sincerely, DEAR SENATOR ABRAHAM: On behalf of the trust and should not be tolerated. BRIAN PETERS, National Association for Home Care (NAHC), However, the public’s confidence in the na- Vice President, Advocacy. the nation’s largest organization rep- tion’s health care system has been eroded by resenting home care providers and the pa- headlines of health care fraud investigations FEDERATION OF AMERICAN HOSPITALS, tients they serve, I want to extend my sin- that are most often not the result of true, in- Washington, DC, July 27, 2000. cerest appreciation and support for your leg- tentional fraud—but rather errors or mis- Hon. SPENCER ABRAHAM, islation, ‘‘The Health Care Provider Bill of understandings due to countless, complex Dirksen Senate Office Building, Washington, Rights and Access Assurance Act.’’ This leg- regulations. We believe strongly that Medi- DC. islation to reform the regulatory processes care’s complexity actually undermines com- DEAR SENATOR ABRAHAM: The Federation used by the Health Care Financing Adminis- pliance and, ultimately, the quality of pa- of American Hospitals commends you for tration (HCFA) to administer the Medicare tient care. your work to clarify and improve the regu- program is greatly needed. The Provider Bill of Rights and Access As- latory burdens and administration of the Home health agencies are currently insti- surance Act contains several provisions that Medicare program. The regulatory burden tuting an overwhelming number of adminis- will improve communication and relations health care providers face is massive, grow- trative changes. Many of these changes are among Medicare’s providers, regulators, and ing every day, and diverts us from our pri- costly and significantly increase the work- enforcers. Provisions that we particularly mary mission of delivering high quality loads of already strained agency staffs, af- support are those that would expand pro- health care to the patients in our commu- fecting the ability of agencies to retain staff viders’ appeals rights, coordinate voluntary nities. Hospitals and other health care pro- and continue to provide high-quality, appro- disclosure procedures among enforcement viders take their responsibility to comply priate care. HCFA frequently ignores public agencies, and educate providers regarding with Medicare laws and regulations very se- notice and comment requirements in imple- the application of certain regulations riously and have devoted significant menting programmatic changes, and often through advisory opinions and other means. amounts of energy and resources to these ob- underestimates or downplays the impact of The Healthcare Leadership Council com- ligations. While HHS has been diligent in its new requirements on struggling agencies. As mends you for your leadership on this very efforts to implement an unprecedented num- a result, providers are subject to onerous and important issue and we stand ready to help ber of regulatory changes in the program, burdensome requirements without an oppor- you further refine this legislation so that it more work is needed to address problem tunity for input, and are given insufficient will serve to greatly improve the Medicare areas in the current administration of the time to make operational changes in order program for providers and patients alike. Medicare Program and to develop a more ac- to comply with regulations. Sincerely, tive partnership with health care providers This legislation would ensure public input MARY R. GREALY, to promote the integrity of the Program. in HCFA’s regulatory process and prevent ar- President. The ‘‘Health Care Provider Bill of Rights bitrary actions and erroneous decisions by and Access Assurance Act’’ proposes some HCFA from having a devastating impact on AMERICAN FEDERATION OF important changes to the status quo to ad- home care providers and their patients be- HOMECARE PROVIDERS, INC., dress some key problem areas. One of the fore corrective action is taken. Too often Silver Spring, MD, July 25, 2000. most important checks and balances on the today home care agencies are bankrupted Sen. SPENCER ABRAHAM, validity of the regulations HCFA promul- and their patients lose care before faulty U.S. Senate, Washington, DC. gates is the ability of health care providers policies are corrected. This bill would pro- DEAR SENATOR ABRAHAM: The American to challenge those regulations in a court of vide an opportunity to correct errors before Federation of HomeCare Providers is pleased law when they believe that the regulations irreparable harm is done. It would also pre- to endorse your legislation, the ‘‘Medicare are excessive, unconstitutional, beyond the vent sanctions for conduct which providers Provider Bill of Rights.’’

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.001 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17099 Our members are small business health ceeding to federal court. The Court’s deci- reaucrats against doctors and providers care providers who say that they would sion means that a provider or beneficiary alike. I urge my colleagues to join me much rather deal with the Internal Revenue cannot challenge the legality of any Medi- on this important measure. Service than with the Health Care Financing care regulation or policy without accepting I believe I have laid out a comprehen- Administration (HCFA) and its contractors. an adverse agency action and proceeding Home care businesses have no rights that the through a time-consuming and costly admin- sive and sensible policy for ensuring Fiscal Intermediaries, carriers, and state istrative process. It is particularly problem- the continued viability of Medicare. surveyors appear to feel obligated to respect. atic for nursing homes because many compo- Medicare has provided millions of sen- There is no penalty for incorrect contractor nents of HHS’s survey and enforcement regu- iors access to quality health care decisions and no viable system to resolve lations and policies conflict with federal law where otherwise they would go with- disputes. Even instances of blatant abuse of and are fundamentally flawed. Your legisla- out. But more must be done, and must providers and beneficiaries go without rem- tion would give Medicare providers the right be done soon: we must modernize Medi- edy because there is nothing to hold HCFA to challenge directly the constitutionality care so that it provides for coverage of and its agents accountable when they are and statutory authority of HCFA’s regula- wrong and when their behavior goes beyond tions and policies. prescription drug expenses; we must the bounds of ethical and legal behavior. Additionally, the bill will suspend the ter- improve reimbursements to providers Contractors routinely refuse to consider doc- mination and sanction process while appeals so that reform and cost containment umentation, deny that they received records on deficiencies are pending, as well as pro- does not come at the expense of the sent by providers, deny the obvious wording hibit the public dissemination of deficiency very access to health care Medicare is of the law and regulation, and sometimes determinations while an appeal is pending, trying to provide; we must implement even refuse to abide by court decisions. absent clear and convincing evidence of comprehensive Medicare reform that Health care providers also believe that criminal activity. In the current survey sys- improves beneficiaries choices in their speaking out for the right of patients to re- tem, skilled nursing facilities are cited and ceive an appropriate level of care and stand- then may be terminated for highly question- health care decisions, mirrors the ing up for their own rights become grounds able deficiencies which do not present a risk health care needs of the modern senior, to target them for harassment. They believe to resident health and safety. Additionally, and is fiscally sound for generations to that they are held to 100 percent standards of these citations may be posted on a public come; and we must rein in the abusive excellence and accuracy, which they are website and this plus the risk of closure of a and incredibly complex bureaucratic proud to meet, and those who serve as facility can confuse and scare the residents behemoth that has crippled health care HCFA’s contractors are held to no standards and their families. Your bill would prevent providers’ ability to operate efficiently of excellence and accuracy in their dealings facilities from closing while they appeal a ci- in the Medicare system. We can do all with the provider community. It is now time tation. Also, the bill establishes precedence to ensure due process rights so that con- for administrative appeals so that providers of this, but time is running very short. scientious health care companies, who will have an affirmative defense in appeals Our seniors need these changes, and render critical and appropriate services in where other providers have gone through the time to act is now. their communities and abide by the tenets of similar appeals. This would add must needed I ask unanimous consent a section- the Medicare law and regulation, are not certainly to the complex rules and regula- by-section analysis of the measure be subject to arbitrary and abusive behavior tions under the Medicare program. We appre- printed in the RECORD. that has the potential to put them out of ciate your commitment to this important There being no objection, the mate- business, literally on the spot. Favorable de- provision. rial was ordered to be printed in the cisions by Administrative Law Judges are of Among many other provisions in the legis- RECORD, as follows: little comfort to a home health agency that lation, the bill will make needed changes to has unjustifiably been shut down, on spe- the False Claims Act. It will require that THE ABRAHAM HEALTH CARE cious surveyor claims that it does not meet claims brought under the Act for damages PROVIDERS’ BILL OF RIGHTS (S. 2999) the Medicare Conditions of Participation, or alleged to have been sustained by the gov- SECTION-BY-SECTION SUMMARY by massive statistical sampling overpay- ernment must be of a material amount, Title I—Regulatory Reform ment assessments, later overturned on ap- which will limit False Claims Act claims to Section 101. Prohibiting the Retroactive Applica- peal. those that have a significant impact on the tion of Regulations Medicare providers must be accorded the Medicare program. same type of protections that Congress saw Senator Abraham, we commend your ef- Providers have complained that HCFA, its fit to enact for the American pubic in the forts and praise your leadership. As the na- Financial Intermediaries (FI’s; the private Taxpayer Bill of Rights. We believe that tion’s largest association of long term care firms that administer the Part A payments), your legislation would do just that. providers, AHCA is available to assist you in and its carriers (the private firms that ad- Sincerely yours, any way that we can to advance this legisla- minister the Part B payments), issue retro- active rules and policies that are not subject ANN B. HOWARD, tion. Vice President for Policy. Sincerely, to the Administrative Procedures Act. In CHARLES H. ROADMAN II, M.D., fact, they show where HCFA has often issued these rules and policies rather than regula- AMERICAN HEALTH CARE ASSOCIATION, President and CEO. tions specifically to avoid the requirements Washington, DC, July 28, 2000. Mr. ABRAHAM. I am continuing to of the Administrative Procedures Act (public Hon. SPENCER ABRAHAM, reach out to additional organizations hearings, public discussion periods, publica- U.S. Senate, Dirksen Senate Office Building, to garner their support, as well as to tion in the Federal Register, etc.), and that Washington, DC. they do so retroactively. This section will DEAR SENATOR ABRAHAM: On behalf of the my colleagues in the Senate to join American Health Care Association (AHCA), a Senators COCHRAN of Mississippi and prohibit HCFA from issuing anything regard- federation of state affiliates representing Senator GRAMS of Minnesota as co- ing the legal standards governing the scope more than 12,000 non-profit and for-profit sponsors. Furthermore, Members of the of benefits, the payments rates, or eligibility nursing facility, assisted living, residential rules except by regulation, and then only other body will soon introduce com- prospectively, so that no retroactive regula- care, intermediate care for the mentally re- panion legislation to S. 2999 in the hope tarded, and subacute care providers I am tions are issued. that we can incorporate these nec- Section 102. Requiring HCFA to Follow Normal writing to thank you and express our support essary reforms in a Medicare reim- for your legislation, The Health Care Pro- Regulation Issuance Procedures vider Bill of Rights and Access Assurance bursement restoration bill or other re- Providers also complain about how HCFA Act. form legislation that may pass this circumvents the Administrative Procedures This legislation is extremely important to Congress. Finally, I am joining Senator Act regulatory process by issuing interim long term care providers for a number of rea- CRAIG in calling on the Senate Finance final rules, which are implemented without sons. Recently, in, Shalala v. Illinois Council Committee to hold immediate hearings the public discussion period and hearings, on Long Term Care, Inc., the U.S. Supreme on this legislation, and the broader under emergency powers called the ‘‘Good Court ruled that virtually all challenges to issue of HCFA regulatory complexity. Cause’’ clause, but fails to provide any jus- the legality of Medicare regulations or pol- With this legislation, I believe we can tification other than simply that they have icy must be brought through the same De- good cause. In order to prevent these partment of Health and Human Services break down one of the primary obsta- tautologies from continuing, this section (‘‘HHS’’) administrative review process used cles to assuring access to quality prohibits HCFA from issuing interim final to address individual provider reimburse- health care in this country, the seem- regulations that haven’t gone through the ment and certification issues before pro- ingly unfettered abuses of Medicare bu- normal regulation public vetting process.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17100 CONGRESSIONAL RECORD—SENATE September 6, 2000 Section 103. GAO Report on HCFA Compliance that deficiency information, and impose ple audits produce, HCFA also regularly with Regulatory Procedure Laws sanctions short of termination, even if the withholds underpayments owed the provider, Given the extensive reports of HCFA abus- provider appeals the determination. This as well as the full amount of future pay- ing its regulatory issuance authority, this section suspends the termination and sanc- ments, and applies them to past overpay- section directs GAO to conduct an audit of, tion process while appeals on deficiencies are ments, regardless of whether the provider is and report to Congress within 18 months on, pending, as well as prohibits the public dis- appealing the overpayment determination, HCFA’s compliance with the Administrative semination of deficiency determinations or has entered into a repayment agreement. Procedures Act and the Regulatory Flexi- while the appeal is pending, absent clear and This can effectively strangle a provider’s en- bility Act. convincing evidence of criminal activity. tire revenue flow, and has forced many pro- Section 205. Establishing Precedence for Admin- Section 104. Providing for Summary Judicial viders into bankruptcy, even when such istrative Appeals Challenges of HCFA Regulations on Con- overpayments are being appealed. This sec- stitutional or Other Broad Grounds Ninety-eight percent of all appeals that are tion prohibits HCFA from withholding un- adjudicated at the first level of the appeals derpayments or future payments to pay for Before the Supreme Court Decision of process (the Administrative Law Judge past overpayments, unless clear and con- Shalala v. Illinois Council this spring, pro- level), are determined in favor of the pro- vincing evidence of fraud exists. viders had a right to prospective judicial vider. This appears to be due in large part challenges to HCFA regulations they Section 304. Suspend Overpayment Collections because HCFA apparently tries to squeeze While Appeals are Pending thought were either unconstitutional or providers into not fighting overpayment de- Even if a provider decides to be subjected were beyond HCFA’s statutory authority to terminations in the hope that some pro- to the lengthy and expensive appeals process, issue. After this decision, however, the only viders simply will pay rather than fight. they are still required to immediately repay recourse providers have to challenge these This section will give Departmental Appeals HCFA for alleged overpayments. This section regulations is to wait until they are found in Board decisions national precedence in the suspends overpayment recoupment while ap- violation, then appeal the HCFA decision. Medicare appeals process so that providers peals are pending. Given that appeals will be This section reestablishes a prospective reg- will not have to fight the same appeal over expedited under this bill to 180 days, the ulatory and judicial challenge process of and over. those HCFA regulations to challenge the Medicare system will still have timely ac- Section 206. Safe Harbor for Substantial Compli- cess to any overpayment funds. constitutionality or statutory authority of a ance With HCFA Procedures regulation, or to preemptively challenge an Title IV—Voluntary Disclosure Procedure Providers can try their very best to com- interim final rule issued under the Good Reform ply with HCFA regulations but then be told Cause clause. by HCFA that they have violated some pol- Section 401. Effective Voluntary Disclosure Pro- Section 105. Delineating Procedures for National icy or rule, and be subject to fines and over- cedures Coverage Determination Changes payment determinations. This section gives Many times the first person to discover There is a regulatory process that is ex- providers protection from HCFA action that a provider has been overpaid or has not empt from even the currently liberal HCFA where a claim was submitted by a provider been in compliance with Medicare regula- regulatory issuance rules, called National in reliance on erroneous information or writ- tions is the provider himself. However, the Coverage Determinations. These determine ten statements supplied by a Federal agency. Department of Health and Human Services what will, and will not, be covered by the Section 207. GAO Audit of HCFA’s Statistical voluntary disclosure procedures still allow Medicare program, and can change rules on Sampling Procedures the Attorney General and U.S. Attorneys to what medical procedures that will be covered HCFA bases much of its compliance deter- use the exact same information provided by rules overnight. This section establishes a minations on statistical sample audits, ei- the provider to the Department Office of In- National Coverage Determination review ther through random audits as part of the spector General under the current voluntary process that requires a 30-day prior notice of Medicare Integrity Program, or through disclosure process against the provider for initiating such a process, and allows for ade- overpayment audits. However, there is sub- prosecution. This section directs the Sec- quate public comment before implementing stantial evidence that HCFA’s statistical retary of Health and Human Services the new coverage determination. sampling procedures do not follow generally (HCFA’s parent department) and the Attor- Title II—Appeals Process Reform accepted procedures, and don’t interpret the ney General to make joint voluntary disclo- sure procedures which provide a safe harbor Section 201. Expanding Providers’ Overpayment data in a statistically valid manner. This from prosecution for providers who report Appeal Rights section direct GAO to conduct an audit of HCFA’s (and its Financial Intermediaries’ the violation so long as these agencies Current appeal regulations only allow pro- and Carriers’) statistical sampling and utili- haven’t already approached them about the viders three options when HCFA tells them zation procedures. possible violation or overpayment, and there they have been overpaid: admit the overpay- Title III—Overpayment Procedure Reform isn’t previously and independently obtained ment and pay it; submit evidence in mitiga- clear and convincing evidence of fraud. tion to reduce the amount of alleged over- Section 301. Prohibit Retroactive Overpayment Title V—Criminal Law Enforcement Reform payment but waive all appeal rights; or ap- Determinations through New Policies peal the decision, but be subjected to a Sta- HCFA currently has the authority to Section 501. Rescind Law Enforcement Powers tistically Valid Random Sample Audit change policy interpretations and implement of HHS OIG Investigators (SVRS), a process which essentially shuts them so as to make retroactive overpay- Currently, the Department of Health and the provider down. This section will allow ments determinations, even though the pre- Human Services’ Office of Inspector General providers to exercise the second option (sub- vious policy may have allowed the charges. investigators are the enforcement arm of the mitting evidence in mitigation) without This section bars HCFA from making over- Medicare program for HCFA, and are depu- waiving their appeal rights. payment determinations based upon the ret- tized by the U.S. Marshal Service to execute Section 202. Deadlines for Appeal Adjudication roactive application of a new policy interpre- those duties. This has turned into their tation. being granted near carte blanche authority This section requires the Medicare appeals for enforcing Medicare laws and regulations. process to be completed within 180 days, 90 Section 302. Prohibit Reductions of Future Pay- With that, it is increasingly evident that days for the Administrative Law Judge first ments Based on Sample Audits of Past OIG investigators may abuse that power, level appeal and 90 days for the Depart- Claims such as raiding hospitals and physicians of- mental Appeals Board second level appeal. HCFA currently reduces future payments fices with the same tactics that SWAT teams Where the appeals process does not meet by whatever error rate they derive from use on crack houses. This section rescinds these deadlines, this section provides for the their statistical sample audits, even where OIG’s deputation, and bars those investiga- appeals process to be automatically ad- there is no evidence that the pending or fu- tors from carrying weapons in the execution vanced to the next stage. ture payments are similarly in error, they simply assume that they are so, even if of their duties. Section 203. Provider Appeals on the Part of De- under appeal. Furthermore, the provider has Section 502. Codify More Stringent Search War- ceased Beneficiaries no way to stop that withholding until the ap- rant Rules for Health Care Facilities This section allows providers to pursue ap- peal is decided in their favor. This section Many health care providers who find them- peals on behalf of deceased beneficiaries bars HCFA from making such blanket selves on the wrong side of an HHS OIG in- where no substitute party is available. withholdings from future payments, without vestigation are subjected to unnecessarily Section 204. Suspending Terminations and Sanc- clear and convincing evidence of fraud. intrusive search warrant executions, with tions During Appeals Section 303. Prohibit Withholding of Underpay- doctors and nurses accosted by gun-wielding Currently, if HCFA makes a determination ments or Future Payments for Past Over- investigators, and patients removed from that a provider is abiding by HCFA stand- payments medical care. This section codifies search ards, it can terminate that provider’s par- In addition to withholding future pay- warrant rules that so as to protect the con- ticipation in Medicare, publicly disseminate ments by whatever error rate a HCFA sam- fidentiality of medical records, the provider-

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17101 patient relationship, and the uninterrupted eral exemption would increase to $2 Army Adjutant General and the Sec- continuation of medical care. Specifically, it million by 2001 and $4 million by 2010. retary of the Army awarded the Purple requires the law enforcement agency re- The cost to the Treasury for this ad- Heart to Specialist Raymond S. questing the search warrant to take the ditional exemption for America’s Teston, United States Army, for least intrusive approach to executing the warrant, consistent with vigorous and effec- wealthiest families comes to about $61 wounds received in action in the Re- tive law enforcement. It also directs the law billion over ten years. The cost of the public of Vietnam on August 12, 1969. enforcement agency seeking the warrant to total-repeal bill being vetoed by the This is Ray’s second award of the Pur- work closely with the Department of Justice President, however, comes to $105 bil- ple Heart; his first came on April 2, and the relevant U.S. Attorney’s office to en- lion over the first ten years, and a 1968, just outside of the Tam Key, Viet- sure the warrant is indeed necessary and whopping $750 billion when fully phased nam. that the search minimizes disruption to pa- in during the next ten years. I commend Ray Teston’s courage and tient care or threats to the confidentiality of Very few South Dakota farms or bravery. I thank him, and all veterans, patient records. small businesses have any Federal es- for their service and sacrifices to our Title VI—Provider Compliance Education tate tax liability whatever under cur- great country and for defending our Section 601. Provider Education Funding rent law, but I do want to make sure freedoms. Each time I salute the flag, I This section requires Financial Inter- that exemptions are ample. What I like to think of heroes such as Ray- mediaries and Carriers to spend 3 percent of don’t want to see, however, is an estate mond S. Teston, who symbolize all the their Medicare funds on provider billing and tax repeal bill that is so terribly expen- things that are good about this coun- compliance education, and HCFA to dedicate 10% of their Medicare Integrity Program sive that it makes it almost impossible try—duty—honor—faith in our democ- funds to such education, so as to try to de- for Congress to pass tax relief for mid- racy. Thank you Raymond S. Teston. crease the rate of provider non-compliance, dle class taxpayers, to shore up Medi- f as well as over- and under-billing. care, to pay down more of the accumu- lated national debt or improve edu- SENATOR MOYNIHAN: A PROFILE Section 602. Advisory Opinions for Health Care IN RARE COURAGE Providers cation. This section requires HCFA to provide Keep in mind that most of the budget Mr. SCHUMER. Mr. President, I ask written answers to questions about coverage, surplus that is being talked about will unanimous consent that ‘‘Moynihan—a billing, documentation, coding, cost report- not materialize for another five years Profile in Rare Courage’’ from yester- ing and procedures under the Medicare pro- or so, and prudence would suggest to us day’s Newsday in praise of the courage gram, answers which can be used as an af- that it may never materialize at all. and commitment of Senator DANIEL firmative defense against an overpayment Thank heavens for some adult super- PATRICK MOYNIHAN be incorporated determination or an allegation of violating vision from the White House at a time into the CONGRESSIONAL RECORD. Medicare regulations. when Congress has been behaving like Mr. President, while certainly the Section 603. Extension of Existing Advisory spoiled children under the Christmas race for the seat which Senator MOY- Opinion Provisions of Law tree. Supporters of this irresponsible NIHAN has left open has excited New The Health Insurance Portability and Ac- legislation believe there is room in our Yorkers and the Nation, it is my desire countability Act (HIPAA) included a provi- today to simply remind the Nation sion requiring the Secretary to issue written budget to give multimillionaires an $8 advisory opinions on certain specified topics million tax break, but the legislation what a treasure the State of New York under the anti-kickback statute and civil sent to the President would have bro- bestowed on all of us through Senator monetary penalty provisions. However, that ken the bank and denied relief and as- MOYNIHAN. I am confident that I speak provision sunsets on August 21st, 2000. The sistance to the other 98 percent of for all of my colleagues in the Senate Balanced Budget Act of 1997 (BBA 97) pro- American families. when I say that his intellect and lead- vides a similar provision regarding the legal- Once Congress concludes its partisan ership will be greatly missed. ity of referrals under the physician self-re- political finger-pointing games, it is There being no objection, the article ferral laws, which also sunsets August 21st, was ordered to be printed in the 2000. This section extends these advisory my hope that estate tax and marriage opinion provisions permanently. penalty relief can be passed in a proper RECORD, as follows: Supporting Organizations and careful manner that will allow for MOYNIHAN—A PROFILE IN RARE COURAGE debt reduction, Medicare improve- Michigan Health & Hospital Association. (By Gray Maxwell) Federation of American Hospitals. ments, and a commitment to edu- As the final summer of Sen. Daniel Patrick National Association for Home Care. cation. Moynihan’s public career comes to an end, I American Federation of Home Care Pro- f think back to one languid Friday afternoon viders. three summers ago. Healthcare Leadership Council. PURPLE HEART AWARDED TO Not much was happening. The Senate was American Health Care Association. SPECIALIST RAYMOND S. TESTON in recess. So Moynihan—my boss at the time—and I went to see an exhibit of Tyn- f Mr. BURNS. Mr. President, I would like to take a moment to recognize dale Bibles at the Library of Congress. Wil- SUPPORTING THE PRESIDENTIAL liam Tyndale wrote the first English Bible Raymond S. Teston. Ray is a great from extant Greek and Hebrew manuscripts. VETO OF THE ESTATE TAX RE- man, and an American hero. PEAL LEGISLATION Moynihan was eager to learn more about a Specialist Raymond S. Teston had man whose impact on the English language, Mr. JOHNSON. Mr. President, I will served close to one full year of field largely unacknowledged, is equal to Shake- vote to uphold the President’s veto of duty and was to leave Vietnam to re- speare’s. the wildly irresponsible estate tax re- turn home to Georgia. The night before One might wonder what Tyndale has to do peal bill sent to his desk, and I will his departure, August 12, 1969, and the with the United States Senate. Not much, I also continue to support changes in the following morning, ‘‘C’’ troop, First suppose. But like Tennyson’s Ulysses, Moy- nihan is a ‘‘gray spirit yearning in desire to law that will provide additional relief Squadron, 1st Calvary of the American follow knowledge like a sinking star.’’ He for the two percent of American fami- Division was overrun while at Base has unbounded curiosity. I’m not one who lies that are subject to this law. Camp, Hawk Hill, Hill 29. The first thinks his intellectualism is some sort of in- Under current law, family farms and wave of the attack was from rocket dictment. Those who do are jealous of his ca- small business pay no Federal estate propelled grenades and 122 mm rockets pabilities, or just vapid. In a diminished era tax unless their property is worth more killing several soldiers and injuring when far too many senators know far too lit- than $1.3 million. Others are eligible many more. Ray was critically wound- tle, I have been fortunate to work for one for an estate tax exemption of $675,000. ed during the ensuing battle and out of who knows so much and yet strives to learn so much more. I recently voted to raise the small busi- the 86 men assigned, was one of only There is little I can add to what others ness and family farm exemption to $4 eleven who survived. have written or will write about his career. million by 2001 and with a phased in ex- On November 5, 1999, the President of But I would make a few observations. On a emption of $8 million by 2010. The gen- the United States of America, the parochial note, no other senator shares his

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17102 CONGRESSIONAL RECORD—SENATE September 6, 2000 remarkable facility for understanding and nihan; no one will replace him. We should Calculus course enables students who manipulating formulas—that arcane bit of pause for a moment, and give thanks that he desire to complete Calculus before they legislating that drives the allocation of bil- has devoted his life and considerable talents leave high school to enroll in higher lions of dollars. He has ‘‘delivered’’ for New to public service. math classes in the following school York, but it’s not frequently noted because f so few understand it. year. The SAT summer program, of- More important, every time he speaks or THE VERY BAD DEBT BOXSCORE fered at a much lower cost than other writes, it’s worth paying attention. I think SAT review classes, equips students back to the summer of 1990, when Sen. Phil Mr. HELMS. Mr. President, at the with the skills and confidence needed Gramm (R–Texas) offered an amendment to a close of business yesterday, Tuesday, for their college preparatory exams. As housing bill. Gramm wanted to rob Commu- September 5, 2000, the Federal debt a result, Thomas Jefferson High School nity Development Block Grant funds from a stood at $5,678,475,470,839.16, five tril- has some of the highest SAT scores in few ‘‘Rust Belt’’ states and spread them lion, six hundred seventy-eight billion, the South Puget Sound of Washington across the rest of the country. The amend- four hundred seventy-five million, four ment looked like a winner: More than 30 State. hundred seventy thousand, eight hun- Additionally, students who enjoy states would benefit. Moynihan spoke in op- dred thirty-nine dollars and sixteen position. He delivered an extemporaneous competing in math competitions can speech on the nature of our federal system cents. participate on the Math Team. Stu- worthy of inclusion in the seminal work of Five years ago, September 5, 1995, the dents practice throughout the summer Hamilton, Madison, and Jay as The Fed- Federal debt stood at $4,968,613,000,000, in preparation for the annual national eralist No. 86. four trillion, nine hundred sixty-eight competition which took place in July. (His speech was effective. The amendment billion, six hundred thirteen million. As a true testament to the excellence was defeated. New York’s share of CDBG Ten years ago, September 5, 1990, the funding was preserved.) What I most want to of the program, Mr. Norris and Mr. Federal debt stood at $3,241,866,000,000, Brown coached the team to a fifth- comment on is Moynihan’s courage. Too three trillion, two hundred forty-one many of today’s tepid, timid legislators are place victory last summer when the afraid to offer amendments they know will billion, eight hundred sixty-six million. students participated against 50 other fail. Fifteen years ago, September 5, 1985, schools. This certainly was a great ac- They are afraid of offending this constitu- the Federal debt stood at complishment for the program and stu- ency or that special interest. They have no $1,823,101,000,000, one trillion, eight dents participating! heart, no courage. Moynihan always stands hundred twenty-three billion, one hun- Samuel Kim, a Math Team member on principle, never on expediency. He’s not dred one million. who will be a senior this year, told me afraid to cast a tough vote, to be in the mi- Twenty-five years ago, September 5, that the Math Team, ‘‘keeps you in the nority—even a minority of one. His positions 1975, the Federal debt stood at on issues from bankruptcy ‘‘reform’’ to gov- right frame of mind during summer so ernment secrecy, from welfare repeal to ha- $545,270,000,000, five hundred forty-five you can keep your math skills strong, beas corpus, from the ‘‘line item’’ veto to billion, two hundred seventy million and it gives you good interaction with Constitutional amendments du jour, haven’t which reflects a debt increase of more others.’’ Samuel had nothing but ap- been popular. But I’m confident they are than $5 trillion—$5,133,205,470,839.16, plause for his coaches stating, ‘‘Mr. right. It just takes the rest of us a while to five trillion, one hundred thirty-three Norris is very friendly and inspira- catch up with him. billion, two hundred five million, four tional, yet demanding and excited to While Moynihan has been successful as a hundred seventy thousand, eight hun- see us succeed in competition, while legislator, I think of him as the patron sen- dred thirty-nine dollars and sixteen ator of lost causes (i.e., right but unpopular). Mr. Brown is more light-hearted in his Every senator is an advocate for the middle cents during the past 25 years. motivational tactics.’’ class. That’s where the votes are. What I ad- f The record of the Math Team and the mire and cherish about Moynihan is his long, achievements of students in the Sum- hard, eloquent fight on behalf of the ADDITIONAL STATEMENTS mer Math Program speaks not only to underclass—the disenfranchised, the demor- the excellence of the program but also alized, the destitute, the despised. to the efforts and drive of both Mr. T.S. Eliot wrote to a friend, ‘‘We fight for RECOGNITION OF TOM NORRIS Norris and Mr. Brown. Their dedication lost causes because we know that our defeat AND JAMES BROWN FOR CON- to education, and math in particular, is and dismay may be the preface to our succes- TRIBUTIONS TO THE FEDERAL rarely paralleled in other local school sors’ victory, though that victory itself will WAY SUMMER MATH PROGRAM be temporary; we fight rather to keep some- districts during the summer months. I thing alive than in the expectation that any- ∑ Mr. GORTON. Mr. President, imagine am impressed with the dedication of thing will triumph.’’ Eliot’s wistful state- 140 students who want to spend their these two men to their students’ edu- ment, to me, captures the essence of Moy- summer learning math. For students cation even during the summer nihan. He has an unflinching sense of respon- participating in the Summer Math Pro- months. It is with great pleasure that I sibility. gram at Thomas Jefferson High School recognize them for their outstanding For the past quarter century, Moynihan in Federal Way, Washington, this is has been the Senate’s reigning intellectual. service to the students of Thomas Jef- But he has been more than that. He has de- just the case. For the past five years, ferson High School.∑ fended precious government institutions Tom Norris and James Brown have f under attack by those who have contempt worked tirelessly and created a suc- for government. cessful program that has dramatically RETIRED U.S. DISTRICT JUDGE And he has been the Senate’s—and the na- improved the math skills of hundreds ROBERT R. MERHIGE, JR. tion’s—conscience. His fealty as a public of students. ∑ Mr. ROBB. Mr. President, I’d like to servant, ultimately, has been to the truth as When Mr. Norris and Mr. Brown take a moment to pay special recogni- best as he can determine it. He seeks it out, started the Summer Math Program, tion to a good friend of mine and a dis- and he speaks it, regardless of who will be discomfited. they had five students in attendance. tinguished former jurist, Robert R. He has done so with rigor, and wit, a little Since then, the program has become Merhige, Jr. of Richmond, Virginia. bit of mischief now and then, and uncommon well-known throughout Thomas Jeffer- Now in private practice after serving as decency. son High School as a resource for stu- a U.S. District Judge, Bob was recog- I have been privileged to work in the dents struggling with math or hoping nized a few months ago in an article in United States Senate for 16 years, and for to improve their SAT scores and has The National Law Journal as the driv- several outstanding members, Republicans grown by leaps and bounds. ing force behind the resolution of the and Democrats. I will not see another Moy- The Summer Math Program is based Dalkon Shield Claimants Trust. The nihan in my career. He is sui generis. When Thomas Jefferson followed Benjamin on a three part system that includes: article details Judge Merhige’s efforts Franklin as envoy to France, he told the Advanced Algebra or Pre-Calculus, an to resolve over 400,000 claims, and it’s Comte de Vergennes, ‘‘I succeed him; no one SAT summer program, and ‘‘The Math clear that he accomplished this dif- could replace him.’’ Others will succeed Moy- Team.’’ The Advanced Algebra and Pre- ficult task by working towards a fair

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17103 result with skill and intellect. He kept The Flagship Niagara has played an often superintendents are many steps his eye on the ball until the job was important role in our nation’s history. removed from the daily classroom concluded. I ask that the article be It sailed proudly in the War of 1812 and management and operations of their printed in the RECORD. fought in the Battle of Lake Erie. I district’s schools. Jim not only walks [From the National Law Journal, May 15, commend the Pennsylvania Historical the halls interacting with students and 2000] and Museum Commission, the Flagship teachers, but teaches as well.’’ $3 BILLION LATER, DALKON TRUST CLOSES Niagara League, and the City of Erie As an avid reader of history, I am de- SHOP: MASS TORT CLEARINGHOUSE SEEN BY for restoring the ship and making it lighted to learn about Mr. Sutton who SOME AS THE BEST-RUN OUTFIT OF ITS KIND available so that others in the United has gone the extra mile to make his- (By Alan Cooper) States may learn of its history. tory come alive for his students. I ask RICHMOND, VA.—The numbers are impres- I would also like to take this oppor- that the Senate join me in com- sive, even by mass tort standards. tunity to express my sincere apprecia- mending Mr. Sutton for his dedication More than 400,000 claims reviewed. Nearly tion to those who serve on the Flagship to his students and for bringing two $3 billion distributed. Administrative costs Niagara. The Flagship Niagara is a part generations together.∑ just 9%, including lawyer fees. of Pennsylvania’s history, and your Even more impressive, the job is done. f The Dalkon Shield Claimants Trust closed commitment to the ship and to Erie is highly commendable. STATEMENT ON THE PASSING OF on April 30 with a claim to being the best- MRS. CORETTA OGBURN managed mass tort plan so far. f Retired U.S. District Judge Robert R. ∑ Mr. SANTORUM. Mr. President, I Merhige, Jr., now of counsel at Hunton & RECOGNITION OF JIM SUTTON, SU- would like to take this opportunity to Williams, gets much of the credit for what PERINTENDENT OF THE KALAMA recognize Mrs. Coretta Ogburn who many view as the success of the trust, as SCHOOL DISTRICT died on Monday July 31, 2000. She was well as the blame for what others see as its ∑ Mr. GORTON. Mr. President, I would born on July 30, 1909 in Pittsburgh to shortcomings. like to bring the Senate’s attention The trust emerged from the 1985 bank- the late Sally and Henry Black. ruptcy petition of A.H. Robins Co., which today to Mr. Jim Sutton, a man who Mrs. Ogburn graduated from the sold 3.6 million intrauterine birth devices has given a generation of Kalama stu- Pittsburgh Public School System and called the Dalkon Shield between 1971 and dents a unique look at the courageous later became employed for many years 1974. Robins took it off the market under acts of an older generation—the men with the Allegheny County Health De- government pressure. and women who fought in World War partment from which she retired in the Robins and its products liability insurer, II. Mr. Sutton is the Superintendent of 1970s. She was also well known as a Aetna Casualty & Surety Co., were over- the Kalama School District and also dedicated and highly respected commu- whelmed by allegations that women had suf- finds the time to teach a course on fered perforated uteruses and pelvic inflam- nity leader for her committed efforts matory disease that left them sterile. More World War II and the Cold War. to her Church and community organi- than 326,000 women filed claims in response Through his great personal interest in zations. She was actively involved in to a worldwide ad campaign. WWII and his desire to transfer some of the Negro Emergency Education Drive Judge Merhige’s 1987 estimate that the li- his interest onto his students, Jim has (NEED), the Urban League, the YWCA, ability wouldn’t top $2.475 billion set off a made history come alive for them. the YMCA, and the Pittsburgh branch bidding war, won by American Home Prod- Mr. Sutton’s class, based on the book of the NAACP. ucts Corp. It acquired Robins by providing Band of Brothers, by Stephen Ambrose, During her tenure as a member of the about $2.3 billion for claimants, to be paid by uses firsthand accounts of companies the trust, and $700 million-plus in stock to NAACP, Mrs. Ogburn sat on the Execu- Robins shareholders. who were a part of D-Day in WWII. tive Committee, Human Rights Dinner Claimants’ payments were based on Ambrose’s book documents the ac- Committee, Scholarship Committee, amounts Robins paid to settle cases before counts of E Company, which the movie, Women in the NAACP (WIN), and the the bankruptcy and based on their medical ‘‘Saving Private Ryan,’’ was based. Membership Committee. As Chair of records. With interest, they totaled nearly $3 Mr. Sutton has made it possible for the Membership Committee, she was billion. his students to meet some of these instrumental in increasing branch Robert E. Manchester, of Burlington, Vt., great men who fought in WWII. Jim memberships for the organization, and who represented 3,500-plus claimants, said of has brought an Italian officer that Judge Merhige, ‘‘He shaped the solution by in 1958, she received her first award for tapping into people who were willing to be fought Rommel in the African Cam- soliciting the most NAACP member- constructive.’’ paign, a P–51 pilot who brought actual ships. In addition, the National Office ‘‘There was a significant number of people video footage from his wing cameras, a of the NAACP awarded Mrs. Ogburn a who felt they were treated badly by the proc- machine gunner who landed at D-Day, medal for her accomplishments as one ess’’—mostly atypical claimants—plaintiffs’ and a German soldier who spent two of the top membership solicitors in the lawyer Stephen W. Bricker, of Richmond years in a Russian prisoner of war entire nation. Mrs. Ogburn was award- said. camp. ed several other awards for her com- James F. Szaller, of Cleveland’s Brown & Anyone can see how Mr. Sutton rec- Szaller, said that Judge Merhige ‘‘sometimes mitment and dedication to this organi- took unusual courses, but he did get it done. ognizes the sacrifices of the WWII gen- zation. The result for the vast majority of people eration and has shared it with others. It is an honor for me to recognize was good.’’∑ Most impressive was in June when five Mrs. Coretta Ogburn and the selfless f of Mr. Sutton’s students accompanied time and energy she put towards her him to the opening of the D-Day mu- community. She was a true civil serv- RETURN OF FLAGSHIP ‘‘NIAGARA’’ seum in New Orleans, Louisiana where ant and community leader, and Pitts- TO LAKE ERIE students were able to meet their his- burgh was very blessed to have her a ∑ Mr. SANTORUM. Mr. President, I tory book heroes in person. resident of its city. She cared a great would like to recognize Captain Walter I have always considered my ‘‘Inno- deal for her loved ones, illustrated true Rybka and the officers and crew of the vation in Education’’ Awards to high- dedication to the organizations which Flagship Niagara on their return from light special people and programs, and she belonged, and will be sorely missed their East Coast ten-month voyage. this award demonstrates how innova- by all those who knew her.∑ The Flagship Niagara is a symbol of tive a typical U.S. history class can be. f Erie, Pennsylvania’s history and serves Mr. Sutton has created a live link be- as an Ambassador of the Common- tween the past and the present for his MESSAGES FROM THE PRESIDENT wealth when in participates in tall ship students. Messages from the President of the events. As a resident of Pennsylvania, I Greg Rayl, Principal of Kalama Mid- United States were communicated to am proud to have such a treasure as dle and High School, who nominated the Senate by Ms. Evans, one of his part of our history. Mr. Sutton for the award adds, ‘‘Too secretaries.

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EXECUTIVE MESSAGES REFERRED bility For Nuclear Materials Couriers Under Engineering and Technology, Federal Com- As in executive session the Presiding CSRS and FERS’’ (RIN3206–AI66) received on munications Commission, transmitting, pur- Officer laid before the Senate messages August 30, 2000; to the Committee on Govern- suant to law, the report of a rule entitled from the President of the United mental Affairs. ‘‘Amendment of Parts 2 and 95 of the Com- EC–10535. A communication from the Di- mission’s Rules to Create a Wireless Medical States submitting a treaty and sundry rector of the Employment Service, Office of Telemetry Service’’ (ET 99–255 and PR 92–235) nominations which were referred to the Personnel Management, transmitting, pursu- received on August 30, 2000; to the Com- appropriate committees. ant to law, the report of a rule entitled ‘‘Po- mittee on Commerce, Science, and Transpor- (The nominations received today are sitions Restricted to Preference Eligibles’’ tation. printed at the end of the Senate pro- (RIN3206–AI69) received on August 30, 2000; to EC–10544. A communication from the Spe- ceedings.) the Committee on Governmental Affairs. cial Assistant to the Chief, Mass Media Bu- EC–10536. A communication from the Dis- reau, Federal Communications Commission, f trict of Columbia Auditor, transmitting, pur- transmitting, pursuant to law, the report of EXECUTIVE AND OTHER suant to law, the report entitled ‘‘Statutory a rule entitled ‘‘Amendment of Section COMMUNICATIONS Audit of Advisory Neighborhood Commission 73.202(b), Table of Allotments, FM Broadcast 4C for the Period October 1, 1995 through Stations (Wamsutter, Bairoil, Wyoming)’’ The following communications were September 30, 1999’’ received on August 30, (MM Docket NO. 98–86; RM–9284, RM–9671) re- laid before the Senate, together with 2000; to the Committee on Governmental Af- ceived on August 30, 2000; to the Committee accompanying papers, reports, and doc- fairs. on Commerce, Science, and Transportation. uments, which were referred as indi- EC–10537. A communication from the Act- EC–10545. A communication from the Dep- cated: ing Director of the Office of Government uty Assistant Administrator for Fisheries, EC–10526. A communication from the As- Ethics, Office of General Counsel and Legal National Marine Fisheries Service, Depart- sistant Secretary of Legislative Affairs, De- Policy, transmitting, pursuant to law, the ment of Commerce, transmitting, pursuant partment of State, transmitting, pursuant to report of a rule entitled ‘‘Proposed Exemp- to law, the report of a rule entitled ‘‘Final law, a certification relative to Armenia, Az- tion Amendments Under 18 U.S.C. 208(b)(2) Rule Implementing Amendment 12 to the erbaijani, Georgia, Kazakhstan, the Kyrgyz for Financial Interests in Sector Mutual Fishery Management Plan for Coastal Mi- Republic, and Uzbekistan; to the Committee Funds, De Minimis Securities, and Securities gratory Pelagic Resources of the Gulf of on Armed Services. of Affected Nonparty Entities in Litigation’’ Mexico and South Atlantic’’ (RIN0648–AM75) EC–10527. A communication from the (RIN3209–AA09) received on August 31, 2000; received on August 30, 2000; to the Com- Under Secretary of Defense, Acquisition and to the Committee on Governmental Affairs. mittee on Commerce, Science, and Transpor- Technology, transmitting, pursuant to law, EC–10538. A communication from the Act- tation. the Selected Acquisition Reports for the pe- ing Director of the Office of Government EC–10546. A communication from the Spe- riod from April 1 through June 30, 2000; to Ethics, Office of General Counsel and Legal cial Assistant to the Chief, Mass Media Bu- the Committee on Armed Services. Policy, transmitting, pursuant to law, the reau, Federal Communications Commission, EC–10528. A communication from the As- report of a rule entitled ‘‘Standards of Eth- transmitting, pursuant to law, the report of sistant Secretary of Legislative Affairs, De- ical Conduct for Employees of the Executive a rule entitled ‘‘Amendment of Section partment of State, transmitting, pursuant to Branch; Definition of Compensation for Pur- 73.202(b), Table of Allotments, FM Broadcast law, the report of military expenditures for poses of Prohibition on Acceptance of Com- Stations (Alva, Oklahoma)’’ (MM Docket No. countries receiving U.S. assistance; to the pensation in Connection with Certain Teach- 00–7, RM–9799) received on August 30, 2000; to Committee on Appropriations. ing, Speaking and Writing Activities’’ the Committee on Commerce, Science , and EC–10529. A communication from the As- (RIN3209–AA04) received on August 30, 2000; Transportation. sistant Secretary of Legislative Affairs, De- to the Committee on Governmental Affairs. EC–10547. A communication from the Pro- partment of State, transmitting, pursuant to EC–10539. A communication from the Dep- gram Analyst of the Federal Aviation Ad- law, a report relative to the Missile Tech- uty Assistant Administrator of the National ministration, Department of Transportation, nology Control Regime; to the Committee on Oceanic Atmospheric Administration, De- transmitting, pursuant to law, the report of Foreign Relations. partment of Commerce, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives: EC–10530. A communication from the De- ant to law, the report of a rule entitled ‘‘Cli- McDonnell Douglas Model DC 10–10, –15, –30, partment of Defense, General Services Ad- mate and Global Change Program’’ received –30F, and –40 Series Airplanes and Model ministration, and the National Aeronautics on August 30, 2000; to the Committee on MD–10–10F and MD–10–30F Series Airplanes; and Space Administration, transmitting Commerce, Science, and Transportation. docket no. 2000–NM–50 [8–21/8–31]’’ (RIN 2120– jointly, pursuant to law, the report of a rule EC–10540. A communication from the Act- AA64 (2000–0417)) received on September 5, entitled ‘‘Federal Acquisition Regulation, ing Director of the Office of Sustainable 2000; to the Committee on Commerce, Federal Acquisition Circular 97–19’’ (FAC97– Fisheries, National Marine Fisheries Serv- Science, and Transportation. 19) received on July 25, 2000; to the Com- ice, Department of Commerce, transmitting, EC–10548. A communication from the Pro- mittee on Governmental Affairs. pursuant to law, the report of a rule entitled gram Analyst of the Federal Aviation Ad- EC–10531. A communication from the Exec- ‘‘Fisheries of the Exclusive Economic Zone ministration, Department of Transportation, utive Director of the Committee For Pur- Off Alaska—Closes Deep-Water Species Fish- transmitting, pursuant to law, the report of chase From People Who Are Blind Or Se- ery Using Trawl Gear in the Gulf of Alaska’’ a rule entitled ‘‘Airworthiness Directives: verely Disabled, transmitting, pursuant to received on August 30, 2000; to the Com- Airbus Model A330 and A340 Series Airplanes; law, the report of additions to the procure- mittee on Commerce, Science, and Transpor- docket no. 2000–NM–62 [8–21/8–312]’’ (RIN 2120– ment list received on August 30, 2000; to the tation. AA64 (2000–0418)) received on September 5, Committee on Governmental Affairs. EC–10541. A communication from the Act- 2000; to the Committee on Commerce, EC–10532. A communication from the Dep- ing Director of the Office of Sustainable Science, and Transportation. uty Archivist of the United States, National Fisheries, National Marine Fisheries Serv- EC–10549. A communication from the Pro- Archives and Records Administration, trans- ice, Department of Commerce, transmitting, gram Analyst of the Federal Aviation Ad- mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled ministration, Department of Transportation, entitled ‘‘Nondiscrimination on the Basis of ‘‘Closure of the Commercial Fishery for Gulf transmitting, pursuant to law, the report of Sex in Education Programs or Activities Re- Group King Mackerel in the Gulf Western off a rule entitled ‘‘Airworthiness Directives: ceiving Federal Financial Assistance’’ Texas, Louisiana, and Alabama’’ received on British Aerospace HP137 Mk1, jetstream Se- (RIN3095–AA89) received on August 30, 2000; August 30, 2000; to the Committee on Com- ries 200 and 3101 and 3201 Airplanes; docket to the Committee on Governmental Affairs. merce, Science, and Transportation. no. 98–CE–117; [8–21/8–31]’’ (RIN 2120–AA64 EC–10533. A communication from the Di- EC–10542. A communication from the Chief (2000–0419)) received on September 5, 2000; to rector of the Employment Service, Office of of the Policy and Rules Division, Office of the Committee on Commerce, Science, and Personnel Management, transmitting, pursu- Engineering and Technology, Federal Com- Transportation. ant to law, the report of a rule entitled munications Commission, transmitting, pur- EC–10550. A communication from the Pro- ‘‘Interagency Career Transition Assistance suant to law, the report of a rule entitled gram Analyst of the Federal Aviation Ad- for Displaced Former Panama Canal Zone ‘‘Establishment of an Improved Model for ministration, Department of Transportation, Employees’’ (RIN3206–AI56) received on Au- Predicting the Broadcast Television Field transmitting, pursuant to law, the report of gust 30, 2000; to the Committee on Govern- Strength Received at Individual Locations’’ a rule entitled ‘‘Airworthiness Directives: mental Affairs. (ET Docket 00–11, FCC 00–185) received on Wytwornia Sprzetu Model PZL–104 Wilga 80 EC–10534. A communication from the Di- August 30, 2000; to the Committee on Com- Airplanes; docket no. 2000–CE–52 [8–21/8–31]’’ rector of the Office of Personnel Manage- merce, Science, and Transportation. (RIN 2120–AA64 (2000–0420)) received on Sep- ment, transmitting, pursuant to law, the re- EC–10543. A communication from the Chief tember 5, 2000; to the Committee on Com- port of a rule entitled ‘‘Retirement Eligi- of the Policy and Rules Division, Office of merce, Science, and Transportation.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17105 EC–10551. A communication from the Pro- ministration, Department of Transportation, 0206)) received on September 5, 2000; to the gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Committee on Commerce, Science, and ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Transportation. transmitting, pursuant to law, the report of Boeing Model 747 Series Airplanes; docket EC–10568. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: no. 98–NM–285 [8–2/8–31]’’ (RIN 2120–AA64 gram Analyst of the Federal Aviation Ad- Boeing Model 767–200, –300, and –300F Series (2000–0432)) received on September 5, 2000; to ministration, Department of Transportation, Airplanes; docket no. 99–NM–54 [8–21/8–31]’’ the Committee on Commerce, Science, and transmitting, pursuant to law, the report of (RIN 2120–AA64 (2000–0421)) received on Sep- Transportation. a rule entitled ‘‘Realignment to Restricted tember 5, 2000; to the Committee on Com- EC–10560. A communication from the Pro- Area R–6901A Fort McCoy; WI; docket no. 00– merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- AGL–20 [8–17/8–31]’’ (RIN 2120–AA66 (2000– EC–10552. A communication from the Pro- ministration, Department of Transportation, 0207)) received on September 5, 2000; to the gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Committee on Commerce, Science, and ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Transportation. transmitting, pursuant to law, the report of Boeing Model 747–200 and 300 series airplanes EC–10569. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: equipped with GE CF6–80C2 Series Engines; gram Analyst of the Federal Aviation Ad- Bombardier Model DHC–7–100, and DHC–8– docket no. 99–NM–79 [8–2/8–31]’’ (RIN 2120– ministration, Department of Transportation, 100, 200, and 300 Series Airplanes; docket no. AA64 (2000–0433)) received on September 5, transmitting, pursuant to law, the report of 2000–NM–90 [8–17/8–31]’’ (RIN 2120–AA64 (2000– 2000; to the Committee on Commerce, a rule entitled ‘‘Removal of Class E Airspace; 0422)) received on September 5, 2000; to the Science, and Transportation. Melbourne, FL, and Cocos Patrick AFB, FL; Committee on Commerce, Science, and EC–10561. A communication from the Pro- docket no. 00–ASO–27 [8–24/8–31]’’ (RIN 2120– Transportation. gram Analyst of the Federal Aviation Ad- AA66 (2000–0208)) received on September 5, EC–10553. A communication from the Pro- ministration, Department of Transportation, 2000; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Science, and Transportation. EC–10570. A communication from the Act- ministration, Department of Transportation, a rule entitled ‘‘Standard Instrument Ap- ing Chief of the Office of Regulations and Ad- transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- ministrative Law, U.S. Coast Guard, Depart- a rule entitled ‘‘Airworthiness Directives: ments (75); amdt. no. 2007 [8–24/8–31]’’ ment of Transportation, transmitting, pur- Saab Model 340B Series Airplanes; docket no. (RIN2120–AA65 (2000–0042)) received on Sep- suant to law, the report of a rule entitled 2000–NM–225 [8–21/8–31]’’ (RIN 2120–AA64 (2000– tember 5, 2000; to the Committee on Com- ‘‘Safety/Security Zone Regulations; San 0426)) received on September 5, 2000; to the merce, Science, and Transportation. Juan Harbor, Puerto Rico (COTP San Juan Committee on Commerce, Science, and EC–10562. A communication from the Pro- 00–065)’’ (RIN2115–AA97 (2000–0056)) received Transportation. gram Analyst of the Federal Aviation Ad- on September 5, 2000; to the Committee on EC–10554. A communication from the Pro- ministration, Department of Transportation, Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of EC–10571. A communication from the Act- ministration, Department of Transportation, a rule entitled ‘‘Establishment of Class D ing Chief of the Office of Regulations and Ad- transmitting, pursuant to law, the report of Stuart, FL; correction; docket no. 00–ASO–12 ministrative Law, U.S. Coast Guard, Depart- a rule entitled ‘‘Airworthiness Directives: [8–18/8–31]’’ (RIN 2120–AA66 (2000–0201)) re- ment of Transportation, transmitting, pur- Airbus Industrie Model A300B2 and B4 Series ceived on September 5, 2000; to the Com- suant to law, the report of a rule entitled Airplanes; docket no. 97–NM–184 [8–16/8–31]’’ mittee on Commerce, Science, and Transpor- ‘‘Safety/Security Zone Regulations; Lake (RIN 2120–AA64 (2000–0427)) received on Sep- tation. Erie, Maumee River, Ohio (CGD09–00–079)’’ tember 5, 2000; to the Committee on Com- EC–10563. A communication from the Pro- (RIN2115–AA97 (2000–0079)) received on Sep- merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- tember 5, 2000; to the Committee on Com- EC–10555. A communication from the Pro- ministration, Department of Transportation, merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of EC–10572. A communication from the Act- ministration, Department of Transportation, a rule entitled ‘‘Amendment of Class E Air- ing Chief of the Office of Regulations and Ad- transmitting, pursuant to law, the report of space; Kearney, NE; docket no. 00–ACE–11 [8– ministrative Law, U.S. Coast Guard, Depart- a rule entitled ‘‘Airworthiness Directives: 2/8–31]’’ (RIN 2120–AA66 (2000–0202)) received ment of Transportation, transmitting, pur- Boeing Model 737–100, 200, 200C Series Air- on September 5, 2000; to the Committee on suant to law, the report of a rule entitled planes; docket no. 2000–NM–183 [8–8/8–31]’’ Commerce, Science, and Transportation. ‘‘Safety/Security Zone Regulations; Lake (RIN 2120–AA64 (2000–0428)) received on Sep- EC–10564. A communication from the Pro- Erie, Maumee River, Ohio (CGD09–00–080)’’ tember 5, 2000; to the Committee on Com- gram Analyst of the Federal Aviation Ad- (RIN2115–AA97 (2000–0080)) received on Sep- merce, Science, and Transportation. ministration, Department of Transportation, tember 5, 2000; to the Committee on Com- EC–10556. A communication from the Pro- transmitting, pursuant to law, the report of merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Modification of Class E Air- EC–10573. A communication from the Act- ministration, Department of Transportation, space; Elko, NV; docket no. 00–ASP 5 [8–2/8– ing Chief of the Office of Regulations and Ad- transmitting, pursuant to law, the report of 31]’’ (RIN 2120–AA66 (2000–0203)) received on ministrative Law, U.S. Coast Guard, Depart- a rule entitled ‘‘Airworthiness Directives: September 5, 2000; to the Committee on Com- ment of Transportation, transmitting, pur- Lockheed Model L 1011 385 Series Airplanes; merce, Science, and Transportation. suant to law, the report of a rule entitled docket no. 99–NM–233 [8–16/8–31]’’ (RIN 2120– EC–10565. A communication from the Pro- ‘‘Safety/Security Zone Regulations; Fire- AA64 (2000–0429)) received on September 5, gram Analyst of the Federal Aviation Ad- works Display, Rockaway Beach, NY 2000; to the Committee on Commerce, ministration, Department of Transportation, (CGD01–00–206)’’ (RIN2115–AA97 (2000–0081)) Science, and Transportation. transmitting, pursuant to law, the report of received on September 5, 2000; to the Com- EC–10557. A communication from the Pro- a rule entitled ‘‘Establishment of Class D mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- Airspace; Boca Raton, FL; correction; docket tation. ministration, Department of Transportation, no. 00–ASO–22 [8–21/8–31]’’ (RIN 2120–AA66 EC–10574. A communication from the Act- transmitting, pursuant to law, the report of (2000–0204)) received on September 5, 2000; to ing Chief of the Office of Regulations and Ad- a rule entitled ‘‘Airworthiness Directives: the Committee on Commerce, Science, and ministrative Law, U.S. Coast Guard, Depart- SAAB Model 340B and SAAB 2000 Series Air- Transportation. ment of Transportation, transmitting, pur- planes; docket no. 99–NM–354 [8–16/8–31]’’ EC–10566. A communication from the Pro- suant to law, the report of a rule entitled (RIN 2120–AA64 (2000–0430)) received on Sep- gram Analyst of the Federal Aviation Ad- ‘‘Regatta Regulations: SLR; Sharptown Out- tember 5, 2000; to the Committee on Com- ministration, Department of Transportation, board Regatta, Nanticoke River, Sharptown, merce, Science, and Transportation. transmitting, pursuant to law, the report of Maryland (CDG05–00–031)’’ (RIN2115–AE46 EC–10558. A communication from the Pro- a rule entitled ‘‘Amendment of Class E Air- (2000–0012)) received on September 5, 2000; to gram Analyst of the Federal Aviation Ad- space; Savannah, GA; docket no. 00–ASO–10 the Committee on Commerce, Science, and ministration, Department of Transportation, [8–2/8–31]’’ (RIN 2120–AA66 (2000–0205)) re- Transportation. transmitting, pursuant to law, the report of ceived on September 5, 2000; to the Com- EC–10575. A communication from the Act- a rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- ing Chief of the Office of Regulations and Ad- CFM International 56–2, 2A, 2B, 3, 3B, 3C, 5, tation. ministrative Law, U.S. Coast Guard, Depart- 5A, 5B, 5C Series Turbofan Engines; docket EC–10567. A communication from the Pro- ment of Transportation, transmitting, pur- no. 99–NE–40 [8–2/8–31]’’ (RIN 2120–AA64 (2000– gram Analyst of the Federal Aviation Ad- suant to law, the report of a rule entitled 0431)) received on September 5, 2000; to the ministration, Department of Transportation, ‘‘Drawbridge Regulations; Upper Mississippi Committee on Commerce, Science, and transmitting, pursuant to law, the report of River (CDG08–00–014)’’ (RIN2115–AE47 (2000– Transportation. a rule entitled ‘‘Amendment of Class E Air- 0043)) received on September 5, 2000; to the EC–10559. A communication from the Pro- space; Hampton, IA; correction; docket no. Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- 00–ACE–7 [8–2/8–31]’’ (RIN 2120–AA66 (2000– Transportation.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17106 CONGRESSIONAL RECORD—SENATE September 6, 2000 EC–10576. A communication from the Act- nected disabilities and the rates of depend- (ii) a listing of countries which are or have ing Chief of the Office of Regulations and Ad- ency and indemnity compensation for the become parties to the Convention and cor- ministrative Law, U.S. Coast Guard, Depart- survivors of certain disabled veterans (Rept. responding dates; and ment of Transportation, transmitting, pur- No. 106–398). (iii) an assessment of the relative costs or suant to law, the report of a rule entitled f competitive benefits realized during the re- ‘‘Drawbridge Regulations; Tickfaw River, LA porting period, if any, by United States mine (CDG08–00–019)’’ (RIN2115–AE47 (2000–0044)) EXECUTIVE REPORTS OF operators as a result of United States ratifi- received on September 5, 2000; to the Com- COMMITTEE cation of the Convention. (2) SUPREMACY OF THE CONSTITUTION.— mittee on Commerce, Science, and Transpor- The following executive reports of tation. Nothing in the Convention requires or au- EC–10577. A communication from the Act- committee were submitted on Sep- thorizes legislation or other action by the ing Chief of the Office of Regulations and Ad- tember 5, 2000: United States of America that is prohibited ministrative Law, U.S. Coast Guard, Depart- By Mr. HELMS, from the Committee on by the Constitution of the United States as ment of Transportation, transmitting, pur- Foreign Relations: interpreted by the United States. suant to law, the report of a rule entitled Treaty Doc. 106–8. Convention (No. 176) ‘‘Drawbridge Regulations; Red River, LA Concerning Safety and Health in Mines Treaty Doc. 106–14. Food Aid Convention (CDG08–00–020))’’ (RIN2115–AE47 (2000–0045)) (Exec. Report No. 106–16). 1999 (Exec. Rept. 106–17). received on September 5, 2000; to the Com- TEXT OF THE COMMITTEE RECOMMENDED TEXT OF THE COMMITTEE RECOMMENDED mittee on Commerce, Science, and Transpor- RESOLUTION OF ADVICE AND CONSENT: RESOLUTION OF ADVICE AND CONSENT: tation. Resolved, (two thirds of the Senators present Resolved, (two thirds of the Senators present EC–10578. A communication from the Act- concurring therein), That the Senate advise concurring therein), That the Senate advise ing Chief of the Office of Regulations and Ad- and consent to the ratification of Convention and consent to the ratification of the Food ministrative Law, U.S. Coast Guard, Depart- (No. 176) Concerning Safety and Health in Aid Convention, 1999, which was open for sig- ment of Transportation, transmitting, pur- Mines, Adopted by the International Labor nature at the United Nations Headquarters, suant to law, the report of a rule entitled Conference at its 82nd Session in Geneva on New York, from May 1 through June 30, 1999, ‘‘Fire Protection Measures for Towing Ves- June 22, 1995 (Treaty Doc. 106–8) (hereinafter, and signed by the United States on June 16, sels (USCG–1998–4445)’’ (RIN2115–AF66 (2000– ‘‘The Convention’’), subject to the under- 1999 (Treaty Doc. 106–14), referred to in this 0001)) received on September 5, 2000; to the standings of subsection (a), the declarations resolution of ratification as ‘‘The Conven- Committee on Commerce, Science, and of subsection (b) and the provisos of sub- tion,’’ subject to the declarations of sub- Transportation. section (c). section (a) and the proviso of subsection (b). EC–10579. A communication from the Asso- (a) UNDERSTANDINGS.—The Senate’s advice (a) DECLARATIONS.—The advice and consent ciate Bureau Chief, Wireless Telecommuni- and consent is subject to the following un- of the Senate is subject to the following dec- cations, Federal Communications Commis- derstandings, which shall be included in the larations: sion, transmitting, pursuant to law, the re- instrument of ratification: (1) NO DIVERSON.—United States contribu- port of a rule entitled ‘‘Amendment of the (1) ARTICLE 12.—The United States under- tions pursuant to this Convention shall not Commission’s Rules to Permit Flexible Serv- stands that Article 12 does not mean that the be diverted to government troops or security ice Offerings in the Commercial Mobile employer in charge shall always be held re- forces in countries which have been des- Radio Services’’ (WT Docket No. 96–6; FCC sponsible for the acts of an independent con- ignated as state sponsors of terrorism by the 00–246) received on September 5, 2000; to the tractor. Secretary of State. Committee on Commerce, Science, and (2) ARTICLE 13.—The United States under- (2) PRIVATE VOLUNTARY ORGANIZATIONS.— Transportation. stands that Article 13 neither alters nor ab- To the maximum feasible extent, distribu- EC–10580. A communication from the Con- rogates any requirement, mandated by do- tion of United States contributions under gressional Budget Office, transmitting, pur- mestic statute, that a miner or a miner’s this Convention should be accomplished suant to law, the Sequestration Update Re- representative must sign an inspection no- through private voluntary organizations. port for Fiscal Year 2001; referred jointly, tice, or that a copy of a written inspection (3) TREATY INTERPRETATION.—The Senate pursuant to the order of January 30, 1975 as notice must be provided to the mine operator affirms the applicability to all treaties of modified by the order of April 11, 1986, to the no later than the time of inspection. the constitutionally based principles of trea- Committees on Agriculture, Nutrition, and (b) DECLARATIONS.—The Senate’s advice ty interpretation set forth in Condition (1) of Forestry; Armed Services; Banking, Housing, and consent is subject to the following dec- the resolution of ratification of the INF and Urban Affairs; Commerce, Science, and larations, which shall be binding on the Treaty, approved by the Senate on May 27, Transportation; Energy and Natural Re- President: 1988, and Condition (8) of the resolution of sources; Environment and Public Works; Fi- (1) NOT SELF-EXECUTING.—The United ratification of the Document Agreed Among nance; Foreign Relations; Governmental Af- States understands that the Convention is the State Parties to the Treaty on Conven- fairs; Health, Education, Labor, and Pen- not self-executing. tional Armed Forces in Europe, approved by sions; the Judiciary; Small Business; Vet- (2) TREATY INTERPRETATION.—The Senate the Senate on May 14, 1997. erans’ Affairs; Indian Affairs; Intelligence; affirms the applicability to all treaties of (b) PROVISO.—The advice and consent of Appropriations; and the Budget. the constitutionally based principles of trea- the Senate is subject to the following pro- visos: f ty interpretation set forth in Condition (1) of the resolution of ratification of the INF (1) SUPREMACY OF THE CONSTITUTION.— REPORTS OF COMMITTEES Treaty, approved by the Senate on May 27, Nothing in the Convention requires or au- 1988, and Condition (8) of the resolution of thorizes legislation or other action by the The following reports of committees ratification of the Document Agreed Among United States of America that is prohibited were submitted: the State Parties to the Treaty on Conven- by the Constitution of the United States as By Mr. MCCAIN, from the Committee on tional Armed Forces in Europe, approved by interpreted by the United States. Commerce, Science, and Transportation, the Senate on May 14, 1997. with an amendment in the nature of a sub- (c) PROVISOS.—The advice and consent of Treaty Doc. 105–48. Inter-American Con- stitute: the Senate is subject to the following pro- vention on Sea Turtles (Exec. Rept. 106–18). S. 1510: A bill to revise the laws of the visos: TEXT OF THE COMMITTEE RECOMMENDED United States appertaining to United States (1) REPORT.—One year after the date the RESOLUTION OF ADVICE AND CONSENT: cruise vessels, and for other purposes (Rept. Convention enters into force for the United Resolved, (two thirds of the Senators present No. 106–396). States, and annually for five years there- concurring therein), That the Senate advise By Mr. SPECTER, from the Committee on after, the Secretary of Labor, after consulta- and consent to the ratification of the Inter- Veterans’ Affairs, with an amendment in the tion with the Secretary of State, shall pro- American Convention for the Protection and nature of a substitute and an amendment to vide a report to the Committee on Foreign Conservation of Sea Turtles, With Annexes, the title: Relations of the Senate setting forth the fol- done at Caracas, Venezuela, on December 1, S. 1810: A bill to amend title 38, United lowing: 1996 (Treaty Doc. 105–48), which was signed States Code, to clarify and improve veterans’ (i) a listing of parties which have excluded by the United States, subject to ratification, claims and appellate procedures (Rept. No. mines from the Convention’s application on December 13, 1996, referred to in this reso- 106–397). pursuant to Article 2(a), a description of the lution of ratification as ‘‘The Convention,’’ By Mr. SPECTER, from the Committee on excluded mines, an explanation of the rea- subject to the understandings of subsection Veterans’ Affairs, without amendment: sons for the exclusions, and an indication of (a), the declarations of subsection (b) and the S. 3011: An original bill to increase, effec- whether the party plans or has taken steps provisos of subsection (c). tive as of December 1, 2000, the rates of com- to progressively cover all mines, as set forth (a) UNDERSTANDINGS.—The advice and con- pensation for veterans with service-con- in Article 2(b); sent of the Senate is subject to the following

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17107 understandings, which shall be included in eign Relations of the Senate a copy of each By Mrs. MURRAY: the instrument of ratification of the Conven- annual report prepared by the United States S.J. Res. 51. A joint resolution authorizing tion and shall be binding on the President: in accordance with Article XI of the Conven- special awards to veterans of service as (1) ARTICLE VI (‘‘SECRETARIAT’’).—The tion. The Secretary shall include for the United States Navy Armed Guards during United States understands that no perma- Committee’s information a list of ‘‘tradi- World War I or World War II; to the Com- nent secretariat is established by this Con- tional communities’’ exceptions which may mittee on Armed Services. vention, and that nothing in the Convention have been declared by any party to the Con- f obligates the United States to appropriate vention. funds for the purpose of establishing a per- (2) SUPREMACY OF THE CONSTITUTION.— SUBMISSION OF CONCURRENT AND Nothing in the Convention requires or au- manent secretariat now or in the future. SENATE RESOLUTIONS (2) ARTICLE XII (‘‘INTERNATIONAL COOPERA- thorizes legislation or other action by the TION’’).—The United States understands that, United States of America that is prohibited The following concurrent resolutions upon entry into force of this Convention for by the Constitution of the United States as and Senate resolutions were read, and the United States, the United States will interpreted by the United States. referred (or acted upon), as indicated: have no binding obligation under the Con- f By Mr. FEINGOLD: vention to provide additional funding or S. Res. 348. A resolution to express the technical assistance for any of the measures INTRODUCTION OF BILLS AND JOINT RESOLUTIONS sense of the Senate that the Secretary of the listed in Article XII. Treasury, acting through the United States (3) ARTICLE XIII (‘‘FINANCIAL RESOURCES’’).— The following bills and joint resolu- Customs Service, should conduct investiga- Bearing in mind the provisions of paragraph tions were introduced, read the first tions into, and take such other actions as are (7), the United States understands that es- and second times by unanimous con- necessary to prevent, the unreported impor- tablishment of a ‘‘special fund,’’ as described sent, and referred as indicated: tation of ginseng products into the United in this Article, imposes no obligation on Par- States from foreign countries; to the Com- ties to participate or contribute to the fund. By Mr. FEINGOLD: S. 3005. A bill to require country of origin mittee on Finance. (b) DECLARATIONS.—The advice and consent By Mrs. HUTCHISON (for herself and of the Senate is subject to the following dec- labeling of all forms of ginseng; to the Com- Mr. GRAMM): larations: mittee on Commerce, Science, and Transpor- tation. S. Con. Res. 134. Concurrent resolution des- (1) ‘‘NO RESERVATIONS’’ CLAUSE.—Con- ignating September 8, 2000, as Galveston cerning Article XXIII, it is the sense of the By Mr. ASHCROFT: S. 3006. A bill to remove civil liability bar- Hurricane National Remembrance Day; con- Senate that this ‘‘no reservations’’ provision sidered and agreed to. has the effect of inhibiting the Senate in its riers surrounding donating fire equipment to exercise of its constitutional duty to give ad- volunteer fire companies; to the Committee f vice and consent to ratification of a treaty, on the Judiciary. and the Senate’s approval of these treaties By Mrs. FEINSTEIN (for herself, Mr. STATEMENTS ON INTRODUCED should not be construed as a precedent for LUGAR, Mr. SPECTER, Mr. INHOFE, Mr. BILLS AND JOINT RESOLUTIONS SANTORUM, Mr. GRAMS, Mr. MUR- acquiescence to future treaties containing By Mr. FEINGOLD: such provisions. KOWSKI, Ms. COLLINS, Mr. MOYNIHAN, and Mr. FITZGERALD): S. 3005. A bill to require country ori- (2) TREATY INTERPRETATION.—The Senate S. 3007. A bill to provide for measures in re- gin labeling of all forms of ginseng; to affirms the applicability to all treaties of sponse to a unilateral declaration of the ex- the constitutionally based principles of trea- the Committee on Commerce, Science, istence of a Palestinian state; to the Com- ty interpretation set forth in Condition (1) of and Transportation. mittee on Foreign Relations. the resolution of ratification of the INF GINSENG TRUTH IN LABELING ACT OF 2000 By Mr. JEFFORDS (for himself, Mr. Treaty, approved by the Senate on May 27, KENNEDY, and Mr. FEINGOLD): Mr. FEINGOLD. Mr. President, I rise 1988, and Condition (8) of the resolution of S. 3008. A bill to amend the Age Discrimi- today to introduce a package of legis- ratification of the Document Agreed Among nation in Employment Act of 1967 to require, lation (S. 3005 and S. Res. 348) that ad- the State Parties to the Treaty on Conven- as a condition of receipt of Federal funding, dresses the increased amount of smug- tional Armed Forces in Europe, approved by that States waive immunity to suit for cer- the Senate on May 14, 1997. gled and mis-labeled ginseng entering tain violations of that Act, and to affirm the this country. (3) NEW LEGISLATION.—Existing federal leg- availability of certain suits for injunctive re- islation provides sufficient legislation au- lief to ensure compliance with that Act; to This legislation provides for some thority to implement United States obliga- the Committee on Health, Education, Labor, common sense reforms that would re- tions under the Convention. Accordingly, no and Pensions. quire country-of-origin labeling for new legislation is necessary in order for the By Mr. HUTCHINSON (for himself, Mr. ginseng products, and express the United States to implement the Convention. GRAMS, Mr. WELLSTONE, Ms. COLLINS, Sense of the Senate that customs Because all species of sea turtle occurring in Mr. THURMOND, Mr. HOLLINGS, and the Western Hemisphere are listed as endan- should put a stop to the flow of smug- Mr. JEFFORDS): gled ginseng into the United States. gered or threatened under the Endangered S. 3009. A bill to provide funds to the Na- Species Act of 1973, as amended (Title 16, tional Center for Rural Law Enforcement; to My legislation will push for stricter en- United States Code, Section 1536 et seq.), the Committee on the Judiciary. forcement of ginseng importation and said Act will serve as the basic authority for By Mr. GRASSLEY: allow consumers the information they implementation of United States obligations S. 3010. A bill to amend title 38, United need to determine the origin of the gin- under the Convention. States Code, to improve procedures for the seng they buy. (4) ARTICLES IX AND X (‘‘MONITORING PRO- determination of the inability of veterans to SMUGGLING-LABELING PROBLEM GRAMS,’’ ‘‘COMPLIANCE’’).—The United States defray expenses of necessary medical care, understands that nothing in the Convention and for other purposes; to the Committee on Mr. President, Chinese and Native precludes the boarding, inspection or arrest Veterans’ Affairs. American cultures have used ginseng by United States authorities of any vessel By Mr. SPECTER: for thousands of years for herbal and which is found within United States terri- S. 3011. An original bill to increase, effec- medicinal purposes. tory or maritime areas with respect to which tive as of December 1, 2000, the rates of com- In America, ginseng is experiencing a it exercises sovereignty, sovereign rights or pensation for veterans with service-con- newfound popularity, and I am proud jurisdiction, for purposes consistent with Ar- nected disabilities and the rates of depend- to say that my home state of Wis- ticles IX and X of this Convention. ency and indemnity compensation for the (5) It is the sense of the Senate that the survivors of certain disabled veterans; from consin is playing a central role in entry into force and implementation of this the Committee on Veterans’ Affairs; placed ginseng’s resurgence. Convention in the United States should not on the calendar. Wisconsin produces 97 percent of the interfere with the right of waterfront prop- By Mr. LEAHY: ginseng grown in the United States, erty owners, public or private, to use or al- S. 3012. A bill to amend title 18, United and 85 percent of the country’s ginseng ienate their property as they see fit con- States Code, to impose criminal and civil is grown in Marathon County. sistent with pre-existing domestic law. penalties for false statements and failure to The ginseng industry is an economic (c) PROVISOS.—The advice and consent of file reports concerning defects in foreign the Senate is subject to the following pro- motor vehicle products, and to require the boon to Marathon County, as well as an visos: timely provision of notice of such defects, example of the high quality for which (1) REPORT TO CONGRESS.—The Secretary of and for other purposes; to the Committee on Wisconsin’s agriculture industry is State shall provide to the Committee on For- the Judiciary. known.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17108 CONGRESSIONAL RECORD—SENATE September 6, 2000 Wisconsin ginseng commands a pre- fair playing field. The mixing of supe- large amount of time raising money for mium price in world markets because rior Wisconsin ginseng with lower qual- new equipment; time that could be bet- it is considered to be of the highest ity foreign ginseng root penalizes the ter spent providing training to respond quality and because it has a lower pes- grower and eliminates the incentive to to emergencies. ticide and chemical content. provide the consumer with a superior Fire protection equipment is con- With a huge market for this high- product. stantly improving and advancing with quality ginseng overseas, and growing Mr. President, we must give ginseng new state-of-the-art innovation. Be- popularity for the ancient root here at growers the support they deserve by cause industry is constantly updating home, Wisconsin’s ginseng industry implementing country-of-origin label- its fire protection, it is not unusual for should have a prosperous future ahead. ing that lets consumers make in plants and factories to accumulate sur- Unfortunately, the outlook for gin- formed choices about the ginseng that plus fire equipment that is slightly seng farmers is marred by a serious they consume. dated, but still effective, and most is problem—smuggled and mislabeled gin- We must ensure when ginseng con- almost new, or never used. Despite the seng. Wisconsin ginseng is considered sumers reach for a quality ginseng excellent condition of most of these so superior to ginseng grown abroad product—such as Wisconsin grown gin- surplus items, company attorneys usu- that smugglers will go to great lengths seng—that they are getting the real ally refuse to allow donations to fire to label ginseng grown in Canada or thing, not a cheap imitation. departments, which desperately need Asia as ‘‘Wisconsin-grown.’’ this equipment. Companies routinely Here’s how the switch takes place: By Mr. ASHCROFT: destroy surplus equipment to guar- Smugglers take Asian or Canadian- S. 3006. A bill to remove civil liabil- antee it will never be used by other grown ginseng and ship it to plants in ity barriers surrounding donating fire firefighters. Pressure bottles for China, allegedly to have the ginseng equipment to volunteer fire companies; breathing apparatus are cut in half and sorted into various grades. to the Committee on the Judiciary. the regulators buried. Protective fire While the sorting process is itself a THE GOOD SAMARITAN VOLUNTEER FIREFIGHTER coats are cut apart. Fire trucks are legitimate part of distributing ginseng, ASSISTANCE ACT broken up and sold for scrap. All of this smugglers often use it as a ruse to ∑ Mr. ASHCROFT. Mr. President, is done to prevent any liability from switch Wisconsin ginseng with the today I rise to introduce the Good Sa- falling on corporate donors. Approxi- Asian or Canadian ginseng considered maritan Volunteer Firefighter Assist- mately $20 million per year in surplus inferior by consumers. ance Act of 2000. This bill will assist equipment is scrapped, while a lot of The smugglers know that while Chi- our nation’s volunteer firefighters, who rural departments go without the most nese-grown ginseng has a retail value daily risk their lives to protect our basic supplies, such as protective cloth- of about $5–$6 per pound, while Wis- families, friends and neighbors. The ing. Tragically, each year millions of consin-grown ginseng is valued at legislation I am introducing will allow dollars worth of fire equipment is de- roughly $16–$20 per pound. volunteer fire departments to accept stroyed instead of donated to these vol- To make matters even tougher for unteer fire departments. much needed fire-fighting supplies Wisconsin’s ginseng farmers, there is Mr. President, it does not make sense no accurate way of testing ginseng to from manufacturers and others by lim- that quality fire-fighting tools are de- determine where it was grown, other iting the liability of companies and fire stroyed because of fear of liability by than testing for pesticides that are departments that donate certified sur- those who wish to donate their unused legal in Canada and China but are plus equipment. equipment. According to some esti- banned in the United States. In the United States today, the local mates, over 800,000 volunteer fire- And in some cases, smugglers can fire department is expected to be pro- fighters nationwide save state and even find ways around the pesticide tector of life, property and environ- local governments $36.8 billion annu- tests. A recent ConsumerLab.com mental safety concerns. Many commu- ally. We need to support the volunteer study confirmed that much of the gin- nities must rely on the capable and fire departments, and Congress should seng sold in the U.S. contained harmful courageous men and women in the start by removing liability barriers chemicals and metals, such as lead and local volunteer fire department to pro- that keep volunteer firefighters from arsenic. tect lives and safety. In fact, 75 percent receiving perfectly safe, donated equip- And that’s because the majority of of firefighters in this country are vol- ment. Under this bill a person who do- Ginseng sold in the U.S. originates unteers. Most volunteer departments nates qualified fire control or fire res- from countries with lower pesticide serve small, rural communities and are cue equipment to a volunteer fire com- standards, so it’s vitally important quite often the only fire fighting serv- pany will not be liable in civil damages that consumers know which ginseng is ices available for these areas. Unfortu- in any State or Federal Court for per- really grown in Wisconsin. nately, one of the largest problems sonal injuries, property damage, or CONSUMER/PRODUCER IMPACT faced by volunteer fire services is lack death proximately caused by a defect For the sake of ginseng farmers and of sufficient resources. Too often, these in the equipment. In order to protect consumers, the U.S. Senate must crack departments are struggling to provide firefighters from faulty donated equip- down on smuggled and mislabeled gin- their members with adequate protec- ment, this bill requires the equipment seng. tive clothing, safety devices and train- to be recertified as safe by an author- Without adequate labeling, con- ing programs. ized technician. The bill does not pro- sumers have no way of knowing the In my home state of Missouri, there tect those persons who act with malice, most basic information about the gin- are approximately 450 fire departments gross negligence, or recklessness in seng they purchase—where it was throughout the state that have a budg- making the donation; nor does it pro- grown, what quality or grade it is, or et of less than $15,000 per year. Many tect the manufacturer of the donated whether it contains dangerous pes- have budgets under $7,000/year and equipment. ticides. there are even some under $2,000/year. Mr. President, this bill is supported The country of origin labeling is a After paying insurance premiums, by a number of firefighting organiza- simple but effective way to enable con- most departments do not even have tions. In States that have removed li- sumers to make an informed decision. $5,000 in their operating budgets. This ability barriers through legislation And putting the U.S. Senate on record is simply not enough money to pur- similar to this, volunteer fire compa- in support of cracking down on ginseng chase new and much needed fire-fight- nies have received millions of dollars smuggling is an important first step ing equipment. In addition, the cost of in quality fire fighting equipment. For toward putting an end to the illegal fire and emergency medical apparatus example, in 1997, the Texas state legis- ginseng trade. and equipment has steadily increased lature passed a bill that limited the li- The lax enforcement of smuggled gin- over the past 20–30 years. Because of ability of companies who donated sur- seng also puts our producers on an un- this, volunteer firefighters spend a plus equipment to fire departments.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17109 Prior to passage of this bill, companies the success of the peace process thus view of strategic relations between the in Texas had refrained from donating far has been the commitment by each United States and Israel. their used equipment for fear of poten- side to avoid any unilateral action that We have included a Presidential na- tial lawsuits. Now, companies donate would undermine the search for a mu- tional interest waiver authority so their surplus equipment to the Texas tually satisfactory agreement. that if the President deems that even Forest Service, which then certifies the A unilateral declaration of Pales- with a unilateral declaration that the equipment and passes it on to volun- tinian statehood would violate the peace process can move forward, the teer fire departments. The donated commitments of Oslo. A unilateral dec- United States will have the flexibility equipment must meet all original spec- laration of statehood would be a grave to continue that process. ifications before it can be sent to vol- blow to the peace process, one from I realize that it is a little unusual to unteer departments. The program has which that process might not be able say, but it is my sincere hope that this already received in excess of six mil- to recover. legislation will never require action, lion dollars worth of equipment for vol- I believe very strongly, and my co- let alone implementation. unteer fire departments. sponsors do as well, that any Pales- I have been a long-time supporter of Companion legislation has been in- tinian state should be the result of ne- the peace process and for a peace agree- troduced in the House of Representa- gotiations between Israel and the Pal- ment that provides security for Israel tives by Congressman CASTLE. I urge estinians, not the result of the unilat- and leads to the consensual establish- my Senate colleagues to join me in eral action of either one side or the ment of a Palestinian state that will be ending the wasteful destruction of use- other. a peaceful neighbor of Israel. Since ful fire equipment, saving taxpayer It is my sincere hope that in the next coming to the Senate, I have worked funds, and better equipping our volun- few days, Mr. Arafat and others in the long and hard as an advocate for peace teer firefighters to save lives. I am Palestinian leadership will step back in the Middle East and as a supporter proud to introduce this bill and look from the September 13 deadline and re- of the negotiations led by President forward to working to ensure that the commit themselves to the Oslo process Clinton, Secretaries Christopher and federal government increases its com- and negotiations with Israel. Albright, and conducted so ably by mitment to the men and women who This legislation is necessary, how- Dennis Ross. ever, because should Mr. Arafat go for- make up our local volunteer fire de- Because of this support, it is my sin- ∑ ward with the unilateral declaration, partments. cere hope that Mr. Arafat will not the repercussions for the peace process choose to heed those who have sug- By Mrs. FEINSTEIN (for herself, and stability in the Middle East are, gested that the Palestinian Authority Mr. LUGAR, Mr. SPECTER, Mr. indeed, both serious and severe. The should unilaterally declare a Pales- INHOFE, Mr. SANTORUM, Mr. United States must make it clear that tinian state on September 13. If Mr. GRAMS, Mr. MURKOWSKI, Ms. we will not recognize or condone a uni- Arafat is willing to continue to work COLLINS, Mr. MOYNIHAN, and lateral declaration and that the United within the context of the peace process Mr. FITZGERALD): States will work to make sure the and stick to his commitments at Oslo S. 3007. A bill to provide for measures international community neither ac- and Camp David not to take unilateral in response to a unilateral declaration cepts nor supports a unilaterally de- steps, then I believe the United States of the existence of a Palestinian state; clared Palestinian state. to the Committee on Foreign Rela- The legislation we introduce today should continue our partnership with tions. would do the following: the Palestinian people in search for peace. Under such circumstances, there UNILATERAL PALESTINIAN STATEHOOD It would state that the United States DISAPPROVAL ACT OF 2000 should not recognize any unilaterally is no need for this legislation. Mrs. FEINSTEIN. Mr. President, I declared Palestinian state. I was deeply disappointed that the rise today to join Senator LUGAR in in- It would urge the President and the last round of negotiations at Camp troducing the Unilateral Palestinian Secretary of State to use all diplo- David did not succeed in reaching an Statehood Disapproval Act. This is co- matic means to work with other coun- agreement. Prime Minister Barak ap- sponsored by Senators MOYNIHAN, tries to deny recognition to such a uni- peared to make every effort to reach SPECTER, INHOFE, SANTORUM, GRAMS, laterally declared state. out and extend the hand of peace and COLLINS and MURKOWSKI. It would prohibit any direct U.S. as- placed items on the table for negotia- We are now 7 days away from Sep- sistance to a unilaterally declared Pal- tion that no Israeli Prime Minister was tember 13. That is the day that the estinian state, except for humanitarian previously even willing to discuss with Palestinian Authority Chairman assistance or cooperation on the Palestinian leadership. Yasser Arafat has set, in the past, as a antiterrorism efforts. Although there is still a long way to day when he would declare, unilater- It would direct the Secretary of the go, I believe that if both sides are sin- ally, Palestinian statehood. He has re- Treasury to oppose membership in any cere in their desire for peace, a nego- cently said that he would reassess his international financial institution by a tiated settlement is still possible, and intention to declare an independent unilaterally declared Palestinian state it is my hope that Israel and its Pales- Palestinian state unilaterally. I am and oppose any financial assistance tinian neighbors will once again find hopeful that he will. But, nonetheless, from these institutions to such a state. themselves at the negotiating table in I am concerned that neither he nor It would state the sense of the Con- the not too distant future. I understand other senior Palestinian leaders have gress that the President should down- that Mr. Arafat, Prime Minister Barak, repudiated the idea of a unilateral dec- grade the status of the Palestinian of- and President Clinton will be meeting laration of statehood. fice in the United States to an informa- in New York this week, and I hope the As part of the 1993 Oslo accords, the tion office. talks can get back on track. But if the Israelis and Palestinians committed to It would also state the sense of the Palestinians should choose to endanger resolving all outstanding issues Congress that the President should op- the peace process by a unilateral dec- through negotiation. Chairman Arafat pose Palestinian membership in the laration of statehood on September 13, reiterated this position on July 25 of United Nations or any other inter- the United States must be clear what this year, at the conclusion of the last national organization, and that the our policy should be. round of the Camp David negotiations United States should oppose economic The United States has a vital and an when he and Prime Minister Barak or other assistance to a unilaterally important role to play as an honest issued a statement agreeing on the im- declared Palestinian state, except for broker in the region and as a guarantor portance of ‘‘avoiding unilaterally ac- humanitarian or security assistance. of the peace process and any peace that tion that prejudiced the outcome of ne- Finally, it would urge the President may result. It is precisely our role as gotiations.’’ Indeed, one of the keys to to expedite and upgrade the ongoing re- an honest broker that compels me to

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17110 CONGRESSIONAL RECORD—SENATE September 6, 2000 offer this legislation. If the Palestin- should downgrade the Palestinian of- steps to oppose Palestinian member- ians take unilateral steps that under- fice in the United States to an informa- ship in the United Nations or other mine the peace process, the United tion office. international organizations, and to op- States must make it clear that we will The legislation places limitations on pose Palestinian membership in or as- neither condone nor support such ac- official U.S. assistance to a unilater- sistance from the international finan- tions. ally declared Palestinian state but pro- cial institutions. I urge my colleagues to join the Sen- vides exceptions for cooperation on I believe this bill is an effective shot ator from Indiana and me in sending a anti-terrorism and security matters. across the bow. clear and compelling message in sup- Our bill also urges the President to op- I wrote to Chairman Arafat on Au- port of the Middle East peace process. pose membership to a unilaterally de- gust 18 of this year, urging Chairman Unilateral actions are not acceptable clared Palestinian state in the United Arafat to abandon any thoughts about to the United States, and should the Nations and to oppose any economic a unilateral declaration of statehood Palestinian Authority choose to break and financial assistance from the U.N., for the Palestinian Authority. I ask with the peace process, the United affiliated agencies and international fi- unanimous consent that the full text of States will act accordingly. nancial institutions. this letter be printed in the RECORD at Mr. President, it is my understanding It is my hope that none of these re- the conclusion of my statement. that Senator SPECTER may well be strictions will have to be implemented. The PRESIDING OFFICER. Without coming to the floor to make some com- Because we want to insure that the objection, it is so ordered. ments on this. If he does, I ask unani- President can use all the tools avail- (See Exhibit 1.) Mr. SPECTER. Mr. President, the es- mous consent that his comments be re- able to him to assist the parties to suc- sence of the letter which I wrote to flected directly following mine and ceed in the peace negotiations, we in- Chairman Arafat is contained in two Senator LUGAR’s. cluded a presidential national interest The PRESIDING OFFICER. Without waiver authority on those provisions paragraphs where I say: objection, it is so ordered. pertaining to economic and financial . . . There is a strong feeling, both in the Mr. LUGAR. Mr. President, I rise to United States Senate and the United States assistance. House of Representatives, as well as that ex- join Senator FEINSTEIN and other Mem- I hope my colleagues will agree to pressed by President Clinton, that there be bers from both sides of the aisle to in- support this legislation and the long- no such unilateral declaration of statehood. troduce the Unilateral Palestinian standing effort to construct a com- There has been tremendous support in the Statehood Disapproval Act of 2000. I prehensive peace in the Middle East. Senate and House, as well as from the Presi- am pleased to be an original co-sponsor Mr. SPECTER. Mr. President, I have dent, for an overall peace settlement and of this legislation. sought recognition to comment about that Congressional support has included U.S. At the conclusion of the July round the statements by Palestinian Chair- contributions to implement such an accord. That Congressional support would certainly of negotiations between Israel and the man Yasser Arafat that there may be a be eroded by a unilateral declaration of Palestinian Authority at Camp David, unilateral declaration of Palestinian statehood. Prime Minister Barak and Chairman statehood on September 13. That, in I had urged Chairman Arafat in the Arafat issued a statement agreeing on my judgment, would be a grave mis- past to avoid a unilateral declaration the importance of ‘‘avoiding unilateral take, and the United States and our al- of statehood when the possibility was action that prejudices the outcome of lies ought to do everything in our raised that such a unilateral declara- negotiations.’’ They both acknowl- power to prevent Chairman Arafat of tion might be made back on May 4, edged that progress is best assured if the Palestinian Authority from mak- 1999. both parties refrain from unilateral ac- ing that unilateral declaration of Chairman Arafat came to the United tions that would have the effect of un- statehood. States on March 23, and I was sched- dermining the peace process. When the Oslo accords were signed in uled at that time to visit him in his After the Camp David talks ended, 1993, there was an agreement that all of hotel in Virginia, but shortly before Chairman Arafat announced that he in- the outstanding issues between Israel our scheduled appointment I found tended to unilaterally declare an inde- and the Palestinian Authority would that Chairman Arafat was visiting on pendent Palestinian state by Sep- be negotiated with a solution. There the House side in the Capitol complex, tember 13 if negotiations with Israel have been very extensive discussions, and I had an opportunity to invite did not conclude in a satisfactory man- including recent talks at Camp David, Chairman Arafat to my Capitol office. ner by then. Such a statement is harm- which have not produced that kind of At that time, we had an extensive ful to the negotiations and would be an agreement and that has led Chair- discussion where I urged him not to disastrous to the peace process. man Arafat to raise the issue—perhaps make the unilateral declaration of It is important for the Congress to be more accurately called ‘‘threat’’—to statehood. He asked me at that time, if heard on this issue. A unilateral dec- have a unilateral declaration of state- he would refrain from that unilateral laration of a Palestinian state is objec- hood on September 13. declaration of statehood, whether I tionable and would create an unneces- I have cosponsored S. 3007, which was would make a statement saying it was sary rupture in our ability to work introduced today by the distinguished a wise course of action, giving recogni- with the Palestinian Authority to ad- Senator from California, Mrs. FEIN- tion to the restraint of Chairman vance the peace process. It is my hope STEIN, which calls for action by the Arafat and the Palestinian Authority. I that Chairman Arafat will listen to the United States in the event that there is said I would do so and that I would voices of other leaders in the Arab a unilateral declaration of statehood. make a statement on the floor of the world, and elsewhere, which have coun- The bill contains provisions which Senate on May 5 if Chairman Arafat seled caution and urged him to refrain would articulate the policy of the and the Palestinian Authority, in fact, from these unilateral steps toward United States not to recognize a uni- did not make a unilateral declaration statehood. laterally declared Palestinian state, to of statehood. I wrote Chairman Arafat Our legislation proposes several tar- extend diplomatic efforts to deny rec- to that effect on March 31, 1999. geted limitations and restrictions on ognition by working with the allies of I ask unanimous consent that a copy the Palestinian Authority should they the United States, the European Union, of this letter be printed in the Congres- decide to declare a Palestinian state in Japan, and other countries, to down- sional RECORD at the conclusion of my advance of a final agreement. It states grade the status of the Palestinian of- statement. that if Chairman Arafat unilaterally fice in the United States if there The PRESIDING OFFICER. Without declares a Palestinian state, the U.S. should be such a unilateral declaration, objection, it is so ordered. should not recognize it, that we should to prohibit U.S. assistance to the Pal- (See exhibit 2.) work with our friends and allies not to estinian Authority if there should be Mr. SPECTER. Mr. President, I made recognize any such state, and that we such a unilateral declaration, to take two statements for the CONGRESSIONAL

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RECORD—one on April 26, 1999, which I some occasion for the President to act Now, again, there is talk that there may be incorporate by reference, and another further in consultation with Israeli a unilateral declaration of Palestinian state- statement on May 4, 1999, when Chair- Prime Minister Barak and Palestinian hood on September 13, 2000. Again, I urge you man Arafat and the Palestinian Au- Authority Chairman Yasser Arafat to not to make such a declaration, but to con- thority did not make a unilateral dec- tinue negotiations to try to work out an try to bring about advances on the overall agreement with Israel. laration of statehood. peace process and ultimately an ac- I know that there is a strong feeling, both The meeting I had with Chairman cord. But certainly a unilateral dec- in the United States Senate and the United Arafat in my Capitol office was a very laration of statehood by the Pales- States House of Representatives, as well as interesting one and a very constructive tinian Authority would be met with that expressed by President Clinton, that one. One note which I had referred to grave opposition in this Chamber—I there be no such unilateral declaration of in one of my earlier statements on the statehood. know that for a certainty—and I be- There has been tremendous support in the floor is worth a very brief reference. I lieve also in the House of Representa- have a very large poster which has a Senate and House, as well as from the Presi- tives. dent, for an overall peace settlement and joint picture of President Clinton with In conclusion, I urge Chairman that Congressional support has included U.S. thumbs up and a picture of Chairman Arafat and his colleagues in the Pales- contributions to implement such an accord. Arafat right next to him making the V tinian Authority not to make a unilat- That Congressional support would certainly sign, obviously not taken together but eral declaration of statehood on Sep- be eroded by a unilateral declaration of juxtaposed together on one large post- tember 13, or at any other time, but to statehood. er. It looks like a campaign poster, al- If you do not make such a unilateral dec- continue the peace process to try to laration of Palestinian statehood on Sep- most as if the two men were running work out outstanding differences in ac- for political office, which, of course, tember 13, I will again speak on the Senate cordance with the commitments made floor in praise of your restraint. they were not. by the Palestinian Authority on the Again, I urge you to renew discussions I had accompanied President Clinton Oslo accord. with Israel for an overall settlement. on his trip to Israel in December of I thank the Chair and yield the floor. I look forward to our next meeting when 1998. I saw the poster and thought it a you are in Washington or I am in the Mid- nice item of memorabilia and had it EXHIBIT 1 east. framed and put in my Capitol office. U.S. SENATE, Sincerely, When Chairman Arafat saw his picture COMMITTEE ON VETERANS’ AFFAIRS, ARLEN SPECTER. Washington, DC, March 31, 1999. on my wall, it did a good bit more than Mr. REID. Mr. President, before the Chairman YASSER ARAFAT, Senator from Pennsylvania leaves the any of my persuasive comments to es- President of the National Authority, tablish an aura of goodwill in a com- Gaza City, GAZA, Palestinian National Author- floor, I want the RECORD to reflect the plimentary sense. He very much liked ity. statements he has made are bipartisan seeing his picture there. In fact, he DEAR MR. CHAIRMAN: Thank you very much in nature. I underline and underscore wanted to take a picture of the two of for coming to my Senate hideaway and for the importance of the statement of the us standing in front of his picture, our very productive discussion on March 23. Senator from Pennsylvania. I think it which now stands beside the poster in Following up on that discussion, I urge would be very unwise for Chairman my Capitol office. that the Palestinian Authority not make a Arafat to move unilaterally on estab- I mention that because of the—I am unilateral declaration of statehood on May 4 lishing statehood. I hope he will sit or on any subsequent date. The issue of the searching for the right word. ‘‘Conge- Palestinian state is a matter for negotiation back and look at the great loss that nial meeting’’ might not be exactly under the terms of the Oslo Accords. will take place if an agreement is not right, but it was a businesslike meet- I understand your position that this issue reached at this time. ing where Chairman Arafat listened to will not be decided by you alone but will be I commend and applaud the Senator my arguments against a unilateral dec- submitted to the Palestinian Authority from Pennsylvania for his statement. laration of statehood. Council. Mr. SPECTER. Mr. President, I When I recite this, I do not really When I was asked at our meeting whether thank my distinguished colleague from mean to suggest my voice was the de- you and the Palestinian Authority would re- Nevada for those very timely com- terminative voice. I think that com- ceive credit for refraining from the unilat- ments. It is important to have that eral declaration of statehood, I replied that I ported with what the Palestinian Au- ECORD would go to the Senate floor on May 5 or as note of bipartisanship. May the R thority had in mind in any event. I soon thereafter as possible and compliment further reflect, 20 minutes ago the dis- think every extra bit of pressure that your action in not unilaterally declaring a tinguished Senator from New Mexico can be brought ought to be brought. Palestinian state. said he wanted to do something sharp That is why I wrote to Chairman I look forward to continuing discussions at 6 p.m., and the big hand is at the 12 Arafat earlier this year, on August 18, with you on the important issues in the Mid- and the little hand is at the 6 in this and that is why I am supporting the East peace process. instant. bill introduced by the Senator from Sincerely, Mr. DOMENICI. Mr. President, if I ARLEN SPECTER. California, Mrs. FEINSTEIN, which knew when I asked the Senator from would impose certain restraints and, in EXHIBIT 2 Pennsylvania if he could be finished in effect, certain sanctions on the Pales- U.S. SENATE, 20 minutes that he was going to be de- tinian Authority if they do make a uni- COMMITTEE ON VETERANS’ AFFAIRS, livering such an important speech, I lateral declaration of statehood. In my Washington, DC, August 18, 2000. might have been reluctant to ask him. judgment, it would set back the peace Chairman YASSER ARAFAT, President of the National Authority, I do commend him on that speech—not process between Israel and the Pales- Gaza City, GAZA, Palestinian National Author- the brevity and coming in on time, but tinian Authority substantially. I retain ity. the substance is very important. some optimism that the differences be- DEAR CHAIRMAN ARAFAT: On March 23, 1999, Mr. SPECTER. Mr. President, I tween Israel and the Palestinian Au- when you visited my Senate Office in Wash- thank my colleague from New Mexico thority may yet be reconciled. ington, I urged you not to make a unilateral for those comments. We have worked I compliment the President and the declaration of Palestinian statehood, which together for many years and earlier Secretary of State for their very exten- had been discussed as a possibility for May 4, today on the Appropriations Com- sive efforts to try to bring about that 2000. mittee, and I appreciate what he just At that time, I told you that I would make accord. I believe those efforts should be said. continued and intensified. I also com- a statement on the Senate floor on May 5, 1999, praising your decision not to declare pliment Dennis Ross of the State De- statehood unilaterally if, in fact, you made By Mr. JEFFORDS (for himself, partment who has done so much in the that decision. You did not declare statehood Mr. KENNEDY, and Mr. FEIN- negotiating process with the parties. on May 4, 1999; and, as promised, I made the GOLD): While there are meetings underway statement on the Senate floor. For your re- S. 3008. A bill to amend the Age Dis- at the United Nations, there may be review, I enclose a copy of that statement. crimination in Employment Act of 1967

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17112 CONGRESSIONAL RECORD—SENATE September 6, 2000 to require, as a condition of receipt of government. And a considerable por- actment of that Act. In Kimel v. Florida Federal funding, that States waive im- tion of our workforce has been im- Board of Regents, 120 S. Ct. 631 (2000), how- munity to suit for certain violations of pacted. In Vermont, for example, the ever, the Supreme Court held that Congress lacks the power under the 14th amendment that Act, and to affirm the availability State is one of our largest employers. to abrogate State sovereign immunity to of certain suits for injunctive relief to We cannot and should not permit these suits by individuals under the Age Discrimi- ensure compliance with that Act; to state workers to lose the right to re- nation in Employment Act of 1967. The Fed- the Committee on Health, Education, dress age discrimination. eral Government has an important interest Labor, and Pensions. This legislation will resolve this in ensuring that Federal funds are not used THE OLDER WORKERS RIGHTS RESTORATION ACT problem. The Older Workers Rights to facilitate violation of, the Age Discrimi- OF 2000 Restoration Act of 2000 will restore the nation in Employment Act of 1967. Private Mr. JEFFORDS. Mr. President, I am full protections of the ADEA to Dan civil suits are a critical tool for advancing that interest. pleased to be here today to introduce Kimel and countless other state em- (4) As a result of the Kimel decision, al- legislation that will restore to state ployees in federally assisted programs. though age-based discrimination by State employees the ability to bring claims The legislation will do this by requir- employers remains unlawful, the victims of of age discrimination against their em- ing the states to waive their sovereign such discrimination lack important remedies ployers under the Age Discrimination immunity as a condition of receiving for vindication of their rights that are avail- and Employment Act of 1967. The Older federal funds for their programs or ac- able to all other employees covered under Workers Rights Restoration Act of 2000 tivities. The Older Workers Rights Res- the Act, including employees in the private sector, of local government, and of the Fed- seeks to provide state employees who toration Act of 2000 follows the frame- eral Government. Unless a State chooses to allege age discrimination the same pro- work of many other civil rights laws, waive sovereign immunity, or the Equal Em- cedures and remedies as those afforded including the Civil Rights Restoration ployment Opportunity Commission brings an to other employees with respect to Act of 1987. Under this framework, im- action on their behalf, State employees vic- ADEA. munity is only waived with regard to timized by violations of the Age Discrimina- This legislation is needed to protect the program or activity actually re- tion in Employment Act of 1967 have no ade- older workers like Professor Dan ceiving federal funds. States are not quate Federal remedy for violations of the Kimel, who has taught physics at Flor- obligated to accept such funds; and if Act. In the absence of the deterrent effect that such remedies provide, there is a great- ida State University for nearly 35 they do not they are immune from pri- er likelihood that entities carrying out fed- years. Despite his years of faithful vate ADEA suits. The legislation also erally funded programs and activities will service, in 1992, Professor Kimel found confirms that these employees may use Federal funds to violate the Act, or that that he was earning less in real dollars bring actions for equitable relief under the Federal funds will otherwise subsidize or than his starting salary. To add insult the ADEA. facilitate violations of the Act. to injury, his employer was hiring I urge all my colleagues to join me in (5) Federal law has long treated non- younger faculty out of graduate supporting this bill. discrimination obligations as a core compo- I ask unanimous consent that a copy nent of programs or activities that are, in schools at salaries that were higher whole or part, assisted by Federal funds. than he and other long-service faculty of this bill be printed in the RECORD. Federal funds should not be used, directly or members were earning. In 1995, Pro- There being no objection, the bill was indirectly, to subsidize invidious discrimina- fessor Kimel and 34 colleagues brought ordered to be printed in the RECORD, as tion. Assuring nondiscrimination in employ- a claim of age discrimination against follows: ment is a crucial aspect of assuring non- the Florida Board of Regents. S. 3008 discrimination in those programs and activi- Dan Kimel and his colleagues Be it enacted by the Senate and House of Rep- ties. brought their cases under the Age Dis- resentatives of the United States of America in (6) Discrimination on the basis of age in Congress assembled, federally assisted programs or activities is, crimination and Employment Act of in contexts other than employment, forbid- SECTION 1. SHORT TITLE. 1967 (‘‘ADEA’’). In 1974, Congress den by the Age Discrimination Act of 1975 (42 This Act may be cited as the ‘‘Older Work- amended the ADEA to ensure that U.S.C. 6101 et seq.). Congress determined ers Rights Restoration Act of 2000’’. state employees, such as Dan Kimel that it was not necessary for the Age Dis- has full protection against age dis- SEC. 2. FINDINGS. crimination Act of 1975 to apply to employ- Congress finds the following: crimination. I stand before you today ment discrimination because the Age Dis- (1) Since 1974, the Age Discrimination in crimination in Employment Act of 1974 al- because this past January the Supreme Employment Act of 1967 (29 U.S.C. 621 et seq.) Court ruled that Dan Kimel and other ready forbade discrimination in employment has prohibited States from discriminating in by, and authorized suits against, State agen- affected faculty do not have the right employment on the basis of age. In EEOC v. cies and other entities that receive Federal to bring their ADEA claims against Wyoming, 460 U.S. 226 (1983), the Supreme funds. In section 1003 of the Rehabilitation their employer. The Court in Kimel v. Court upheld Congress’ constitutional au- Act Amendments of 1986 (42 U.S.C. 2000d–7), Florida Board of Regents, held that thority to prohibit States from discrimi- Congress required all State recipients of Congress did not have the power to ab- nating in employment on the basis of age. Federal assistance to waive any immunity The prohibitions of the Age Discrimination from suit for discrimination claims arising rogate state sovereign immunity to in- in Employment Act of 1967 remain in effect dividuals under the ADEA. As a result under the Age Discrimination Act of 1975. and continue to apply to the States, as the The earlier limitation in the Age Discrimi- of the decision, state employees, who prohibitions have for more than 25 years. nation Act of 1975, originally intended only are victims of age discrimination, no (2) Age discrimination in employment re- to avoid duplicative coverage and remedies, longer have the remedies that are mains a serious problem both nationally and has in the wake of the Kimel decision be- available to individuals who work in among State agencies, and has invidious ef- come a serious loophole leaving millions of the private sector, for local govern- fects on its victims, the labor force, and the State employees without an important Fed- ments or for federal government. In- economy as a whole. For example, age dis- eral remedy for age discrimination resulting crimination in employment— deed, unless a state chooses to waive in the use of such funds to subsidize or facili- (A) increases the risk of unemployment tate violations of the Age Discrimination in its sovereign immunity or the Equal among older workers, who will as a result be Employment Act of 1967. Employment Opportunity Commission more likely to be dependent on government (7) The Supreme Court has upheld Con- decides to bring a suit, state workers resources; gress’ authority to condition receipt of Fed- now find themselves with no federal (B) prevents the best use of available labor eral funds on acceptance by the States or remedy for their claims of age dis- resources; other recipients of conditions regarding or crimination. In effect, this decision has (C) adversely effects the morale and pro- related to the use of those funds, as in Can- transformed older state employees into ductivity of older workers; and non v. University of Chicago, 441 U.S. 677 (D) perpetuates unwarranted stereotypes (1979). The Court has further recognized that second class citizens. about the abilities of older workers. Congress may require a State, as a condition For a right without a remedy is no (3) Private civil suits by the victims of em- of receipt of Federal assistance, to waive the right at all. Employees should not have ployment discrimination have been a crucial State’s sovereign immunity to suits for a to lose their right to redress simply be- tool for enforcement of the Age Discrimina- violation of Federal law, as in College Sav- cause they happen to work for a state tion in Employment Act of 1967 since the en- ings Bank v. Florida Prepaid Postsecondary

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17113 Education Expense Board, 527 U.S. 666 (1999). dures of subsections (d) and (e), for equitable protections against discrimination on In the wake of the Kimel decision, in order relief that is authorized under this Act. In the job that other older Americans em- to assure compliance with, and to provide ef- such a suit the court may award to the pre- ployed by private businesses or the fed- fective remedies for violations of, the Age vailing party those costs authorized by sec- eral government enjoy. Discrimination in Employment Act of 1967 in tion 722 of the Revised Statutes (42 U.S.C. State programs or activities receiving Fed- 1988).’’. This bill that we introduce today eral assistance, and in order to ensure that SEC. 5. SEVERABILITY. would do just that. It ensures that Federal funds do not subsidize or facilitate If any provision of this Act, an amendment state employees in federally assisted violations of the Age Discrimination in Em- made by this Act, or the application of such programs or activities have the same ployment Act of 1967, it is necessary to re- provision or amendment to any person or rights and remedies for practices vio- quire such a waiver as a condition of receipt circumstance is held to be unconstitutional, lating the Age Discrimination in Em- of that Federal financial assistance. the remainder of this Act, the amendments ployment Act as are available to other (8) The waiver resulting from the accept- made by this Act, and the application of employees under that act and that ance of Federal funds by 1 State program or such provision or amendment to another per- were available to state employees prior activity under this Act will not eliminate a son or circumstance shall not be affected. to the Supreme Court’s Kimel decision. State’s immunity with respect to other pro- SEC. 6. EFFECTIVE DATE. grams or activities that do not receive Fed- (a) WAIVER OF SOVEREIGN IMMUNITY.—With Mr. President, I have had a long- eral funds; a State waives sovereign immu- respect to a particular program or activity, standing commitment to aging issues, nity only with respect to Age Discrimination section 7(g)(1) of the Age Discrimination in both as a U.S. Senator and, previously, in Employment Act of 1967 suits brought by Employment Act of 1967 (29 U.S.C. 626(g)(1)) as a Wisconsin State Senator. In the employees within the programs or activities applies to conduct occurring on or after the U.S. Senate, I have served on the Spe- that receive such funds. With regard to those day, after the date of enactment of this Act, cial Committee on Aging. In the Wis- programs and activities that are covered by on which a State first receives Federal finan- the waiver, the State employees will be ac- consin state senate, I served for ten cial assistance for use in that program or ac- years as the chairman of the Senate corded only the same remedies that were tivity. available to State employees under the Age (b) SUITS AGAINST OFFICIALS.—Section Committee on Aging. In fact, the first Discrimination in Employment Act of 1967 7(g)(2) of the Age Discrimination in Employ- legislation I introduced as a state sen- before Kimel and that are accorded to all ment Act of 1967 (29 U.S.C. 626(g)(2)) applies ator was a bill to eliminate mandatory other covered employees under the Act. to any suit pending on or after the date of retirement. That bill passed and was (9) The Supreme Court has repeatedly held enactment of this Act. signed into law. As a result, older Wis- that State sovereign immunity does not bar Mr. FEINGOLD. Mr. President, I am consin residents have the right to work suits for prospective injunctive relief pleased to join my distinguished col- brought against State officials, as in ex without being forced to retire at a cer- parte Young, 209 U.S. 123 (1908). Clarification leagues, Senator JEFFORDS and Senator tain age. of the language of the Age Discrimination in KENNEDY, as an original cosponsor of I look forward to working with Sen- Employment Act of 1967 will confirm that the Older Workers Rights Restoration ator JEFFORDS to move this important the Act authorizes such suits. The injunctive Act of 2000. legislation through the Senate. I urge relief available in such suits will continue to With advances in medicine and my colleagues to join us in taking this be no broader than the injunctive relief that science, Americans are living longer step toward restoring protections for was available under the Act before the Kimel than ever before. This means that older state employees against age discrimi- decision, and that is available to all other Americans are also working longer nation. employees under that Act. than ever before. We should ensure Thank you, Mr. President. I yield the SEC. 3. PURPOSES. The purposes of this Act are— that those Americans who work well floor. (1) to provide to State employees in feder- into the golden years of their lives—in- ally assisted programs or activities the same cluding state employees—can do so By Mr. GRASSLEY: rights and remedies for practices violating without fear of being denied a job, fired S. 3010. A bill to amend title 38, the Age Discrimination in Employment Act or overlooked for a promotion based on United States Code, to improve proce- of 1967 as are available to other employees their age. dures for the determination of the in- under that Act, and that were available to Since enactment of the Age Discrimi- ability of veterans to defray expenses State employees prior to the Supreme nation in Employment Act in 1967, our of necessary medical care, and for Court’s decision in Kimel v. Florida Board of Nation has come a long way in elimi- other purposes; to the Committee on Regents, 120 S. Ct. 631 (2000); Veterans’ Affairs. (2) to provide that the receipt of Federal nating age discrimination in the work- funding for use in a program or activity con- place. But the Supreme Court’s deci- LEGISLATION FOR THE BENEFIT OF LAND-RICH stitutes a State waiver of sovereign immu- sion earlier this year in Kimel v. Flor- CASH POOR VETERANS nity from suits by employees within that ida Board of Regents threatens to turn Mr. GRASSLEY. Mr. President, I am program or activity for violations of the Age back the clock on the progress we’ve today introducing a bill which would Discrimination in Employment Act of 1967; made. Under that decision, a state em- exclude the value of real property of a and ployee who has a claim of employment veteran, or a veteran’s spouse or de- (3) to affirm that suits for equitable relief discrimination based on age cannot pendent, in determining how a vet- are available against State officials in their official capacities for violations of the Age bring a private lawsuit against a state eran’s eligibility for health care from Discrimination in Employment Act of 1967. government under the Age Discrimina- the Department of Veterans Affair SEC. 4. REMEDIES FOR STATE EMPLOYEES. tion in Employment Act. The state (VA) is classified. The bill would also Section 7 of the Age Discrimination in Em- government is immune from such suits. simplify eligibility determinations by ployment Act of 1967 (29 U.S.C. 626) is amend- The individual’s only legal recourse is eliminating the annual self-reporting ed by adding at the end the following: to file a complaint with the Equal Em- burden for veterans, and instead enable ‘‘(g)(1)(A) A State’s receipt or use of Fed- ployment Opportunity Commission and the Department to obtain income in- eral financial assistance in any program or hope that the EEOC takes the case. formation directly from the Internal activity of a State shall constitute a waiver Revenue Service and the Social Secu- of sovereign immunity, under the 11th But the EEOC has limited resources amendment to the Constitution or other- and only pursues a fraction of the cases rity Administration. wise, to a suit brought by an employee of filed. The problem asset-rich, cash-poor that program or activity under this Act for Mr. President, this result is unac- veterans experience in gaining eligi- equitable, legal, or other relief authorized ceptable. Older American workers bility for veterans pension and health under this Act. make important contributions to their care benefits was brought to my atten- ‘‘(B) In this paragraph, the term ‘program employers—both businesses and gov- tion late last year by one of my con- or activity’ has the meaning given the term ernments, at the state and federal lev- stituents, Larry Sundall. Larry is one in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107). els. Older Americans should be able to of Iowa’s county veterans service offi- ‘‘(2) An official of a State may be sued in work free of even a hint of discrimina- cers. He serves veterans in Emmet the official capacity of the official by any tion. And older Americans employed by County, in northwest Iowa. In the employee who has complied with the proce- state governments deserve the same course of his work, he was finding that

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17114 CONGRESSIONAL RECORD—SENATE September 6, 2000 many of his farmer-veteran constitu- eran’s income and net worth is greater SECTION 1. IMPROVEMENT OF PROCEDURES FOR ents where in desperate straits with no, than $50,000. Ownership of $50,000 of DETERMINATION OF INABILITY TO DEFRAY EXPENSES OF NECESSARY or little, income, but still could not farm land or other real property does MEDICAL CARE. qualify for VA pension programs with- not automatically and inevitably mean (a) EXCLUSION OF CERTAIN ASSETS FROM out selling their land. Because of the that adjudicators will declare a farmer ATTRIBUTABLE INCOME AND CORPUS OF ES- value of their land, these veterans veteran ineligible for these VA pro- TATES.—Subsection (f) of section 1722 of title would also be classified in Category 7 grams. In principle, the $50,000 is just a 38, United States Code, is amended— for purposes of health service eligi- threshold which is to trigger adjudica- (1) in paragraph (1), by inserting before the bility in the event they sought health tion of a veteran’s claim for benefits, period at the end the following: ‘‘, except care from the VA. Category 7 veterans that such income shall not include the value not to automatically disqualify a vet- of any real property of the veteran or the can receive health care services as long eran for benefits. veteran’s spouse or dependent children, if as the VA has sufficient funds. How- But there are two problems with the any, or any income of the veteran’s depend- ever, they are required to pay co-pay- treatment of assets in the schema. ent children, if any’’; and ments for any health care they receive First is the $50,000 level. It’s obviously (2) in paragraph (2), by striking ‘‘the es- through the VA because of the value of much too low, even as a trigger for ad- tates’’ and all that follows and inserting their land, even if they have no income judication. In Iowa currently, the aver- ‘‘the estate of the veteran’s spouse, if any, and are in debt to boot. If the adminis- age value of an acre of farm land is but does not include any real property of the tration and Congress don’t appropriate veteran, the veteran’s spouse, or any depend- $1,781. So a farm holding valued at ent children of the veteran, nor any income enough money, these Category 7 vet- $50,000 would average about 28 acres, of dependent children of the veteran.’’. erans will not be eligible for health clearly two small to be viable. A 40 (b) ALTERNATIVE YEAR FOR DETERMINATION care services from the VA. acre farm, at the current average value OF ATTRIBUTABLE INCOME.—That section is At Larry’s urging, I decided to con- per acre, would be worth $71,240. A further amended by adding at the end the vene a meeting of interested parties in more viable 80 acre farm would be val- following new subsection: Des Moines last April to talk over this ued at $142,480. It seems to me, there- ‘‘(h) For purposes of determining the at- issue. Because many of his county vet- fore, that the threshold triggering re- tributable income of a veteran under this erans officials in Iowa, Minnesota, Ne- section, the Secretary may determine the at- view of a farmer veteran’s income and tributable income of the veteran for the year braska, and South Dakota were en- assets should be raised to $150,000. But, preceding the previous year, rather than for countering constituents with similar second, and more fundamentally, the the previous year, if the Secretary finds that problems, we invited the associations law stipulates, as I noted earlier, that available data do not permit a timely deter- of county veterans service officers divestiture of an estate should not in- mination of the attributable income of the from those states to send a representa- volve ‘‘substantial sacrifice’’. It is dif- veteran for the previous year for such pur- tive to participate. We invited the ficult for me to see that selling off the poses.’’. State Veterans Affairs Officers from family farm, in many, if not most, (c) USE OF INCOME INFORMATION FROM CER- those states. VA staff from head- TAIN OTHER FEDERAL AGENCIES.—Section 5317 cases, the sole source of livelihood for of that title is amended— quarters, regional offices, and VISNs a farm family, would not involve sub- (1) by redesignating subsections (f) and (g) also participated. The meeting was stantial sacrifice. It thus seems inher- as subsections (g) and (h), respectively; and very useful and informative from my ently unrealistic to require a veteran (2) by inserting after subsection (e) the fol- perspective, and I am grateful to all to liquidate land holdings in order to lowing new subsection (f): who participated. As it happens, the become eligible for VA pension benefits ‘‘(f) In addition to any other activities VA’s Health Services Administration or in order to pay co-payments for VA under this section, the Secretary may utilize had already recognized the asset test health care services. income information obtained under this sec- as a problem for veterans and had tion from the Secretary of Health and What the bill I am introducing today Human Services or the Secretary of the formed a task force to look into the would do is eliminate completely the Treasury for the purpose of determining the feasibility of eliminating the asset asset test as a factor is establishing attributable income of a veteran under sec- test. The Veterans Benefits Adminis- eligibility for health care services. A tion 1722 of this title, in lieu of obtaining in- tration had also begun to discuss the veteran’s income, however, would still come information directly from the veteran issue. In any case, VA participants at be considered in eligibility determina- for that purpose.’’. the meeting agreed to convey the es- tions. The bill would also permit the (d) PERMANENT AUTHORITY TO OBTAIN IN- sentials of our discussion to principal Secretary to determine the attrib- FORMATION.—(1) Section 5317 of that title, as amended by subsection (c), is further amend- officials at VA headquarters. utable income of the veteran using in- The problem follows from a provision ed by striking subsection (h). come date from the year preceding the (2) Section 6103(l)(7)(D) of the Internal Rev- of Title 38 which holds that the Sec- prior year in the event that the Sec- enue Code of 1986 (26 U.S.C. 6103(l)(7)(D)) is retary may deny benefits to a veteran retary is unable to use prior year data. amended in the flush matter at the end by ‘‘. . . when the corpus of the estate of Finally, the bill would permit the Sec- striking the second sentence. the veteran . . . is such that under all retary to use information obtained the circumstances . . . it is reasonable from the Secretary of the Department By Mr. LEAHY: that some part of the corpus of such es- of Health and Human Services and the S. 3012. A bill to amend title 18, tates be consumed for the veteran’s Treasury for the purpose of deter- United States Code, to impose criminal maintenance’’. In other words, if the mining the attributable income of a and civil penalties for false statements income and estate of a veteran are veteran. and failure to file reports concerning large enough, they should be used be- The VA estimates that this proposal defects in foreign motor vehicle prod- fore the veteran receives benefits from should save the VA money, Mr. Presi- ucts, and to require the timely provi- the VA. The law also states, however, dent. They estimate that more than $11 sion of notice of such defects, and for that liquidations of assets should be re- million would be saved in fiscal year other purposes; to the Committee on quired only when it can be done at ‘‘no 2001, growing to more than $13 million the Judiciary. substantial sacrifice’’ to the veteran. in fiscal year 2005. TRANSPORTATION INFORMATION RECALL Regulations implementing this provi- I ask that the full text of the bill be ENHANCEMENT ACT sion of law contain essentially the included in the RECORD. Mr. LEAHY. Mr. President, like so same language. The complications There being no objection, the bill was many Americans, I have been faced begin with a VA manual, 21–1, which ordered to be printed in the RECORD, as with a barrage of confusing and fright- lays out criteria to be used by VA staff follows: ening information about the recent in adjudicating eligibility for pension S. 3010 Firestone tire recall. I have a Ford Ex- and health benefits. Under the criteria Be it enacted by the Senate and House of Rep- plorer, and it has Firestone tires on it. set out in M21–1, the net worth of a vet- resentatives of the United States of America in My wife and I drive it and take our eran must be adjudicated when the vet- Congress assembled, children and our friends and others for

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17115 rides in that vehicle. So I understand defective, or are going to be recalled or from realizing how concerned Ameri- what a lot of my fellow Vermonters are replaced in some other country, they cans were. Fortunately, he changed his going through regarding this deadly have to notify us—and notify us accu- mind and found the time. I suspect the episode. It never should have happened. rately and truthfully. appropriate congressional committees But it is not just Explorer owners One would think some of these for- would have gotten a subpoena, and the who are at risk—pedestrians, joggers, eign tire companies would feel a moral result would have been the same. He bicyclists, and other cars could be hit duty to save lives. You would think would have testified. by out-of-control vehicles or by tire that would be enough to motivate Every corporation has a right to sell pieces. them. One would think even the idea of their products. Every corporation has a The tires on my car are the same size huge fines might motivate them. That right to make a decent profit. They and type as those covered by the recall. doesn’t seem to be enough. Maybe if ought to be able to do that. When they But they were manufactured at a dif- they think they will get a jail sentence know they have a product that can ferent plant—a North Carolina plant. if they don’t notify us truthfully, bring about death or injury, and espe- Even though employees of that plant maybe, they will put the interests of cially when only they know it and no- have raised serious concerns about the lives and safety of the public ahead body else does, they ought to make quality control in that factory, the of the short-term gains of their own those facts known. The law should be tires on my Explorer are not eligible companies. very clear that they have to make it for the recall. But I have to tell you, I My bill, the Transportation Informa- known. If they manufacture a product look long at them each time I get into tion Recall Enhancement Act, requires in this country to sell both here and the vehicle, and it is in the back of my notification of a foreign dangerous de- abroad, if there are problems in the mind every time I drive. fect within 48 hours. It requires even other country and the product is defec- Even though they tell me that they more detailed information filings a few tive, they should notify this country of are not yet the subject of a recall, I days later. My bill also requires notifi- that fact. They will lose some business wonder what tomorrow’s news may cation of increases in deaths or serious in the short term. In the long term, bring. injuries in foreign countries regarding they will do better. The American pub- The first foreign recall occurred on vehicles and vehicle components that lic will be secure, and the American August 1999, but the Secretary of could prove deadly if they are on Amer- public will not be endangered. Transportation apparently was not ican soil. What Firestone did, what Ford did, even informed of this by the manufac- Secretary Slater said in an interview and for that matter, what Mitsubishi turer until May of 2000—nearly a year that there should be a law requiring did, was wrong. It was absolutely after the fact. That is outrageous. It is that the United States be immediately wrong. I want corporate leaders never unacceptable. Worse yet, that kind of notified of foreign recalls. We are on to do this again. I want a law that says delay has proven deadly. I don’t even the way to making that a reality. I will if you provide information to our gov- want to think about the lives that work with any Senator, Republican or ernment regarding defective products could have been saved had there been Democrat, on this issue so we can pass that is false, misleading or untruthful quicker action, and had the manufac- this legislation or any other bill to get that you are going to go to jail. turers been honest enough to notify the job done in the next couple of Mr. President, I ask unanimous con- the public immediately. weeks. sent to print a summary of the bill in Even after the recall was issued, the It is incomprehensible to me how any the RECORD. deadly risk continues as families have corporate executives can live with There being no objection, the mate- to wait to get replacement tires. I want themselves when they withhold infor- rial was ordered to be printed in the to mention one sad case. A grand- mation that could have saved people’s RECORD, as follows: father, Gary Meek of Farmersville, lives. If they are going to conceal the S. 3012 California, was a retired police officer. truth or make false statements, they Be it enacted by the Senate and House of Rep- He, his wife and granddaughter, Amy, should face criminal sanctions. Some- resentatives of the United States of America in 13 years old, were driving on August 16, times if a person thinks they are going Congress assembled, a couple weeks ago, when a Firestone to end up in the slammer, they will pay SECTION 1. SHORT TITLE. tire on the Ford Explorer separated. a lot more attention to the safety of This Act may be cited as the ‘‘Transpor- His wife survived the crash, but Mr. people, rather than simply looking at tation Information Recall Enhancement Meek and his granddaughter were the balance sheet. Act’’. killed. His widow has to carry on with For example, we just received reports SEC. 2. FINDINGS AND PURPOSE. those awful memories. about Mitsubishi over the past two dec- (a) FINDINGS.—Congress finds that— I am going to introduce legislation ades. For 20 years, they routinely with- (1) in an interview with ABC News on Sep- today to mandate that the Secretary of held information about dangerous tember 3, 2000, Secretary of Transportation Rodney Slater stated that he thinks there Transportation be immediately noti- products which ended up in America should be a law requiring that the United fied of defects in motor vehicles or ve- and other countries. These corporate States be immediately notified of a foreign hicle components—immediately after officers should be forced to explain recall, ‘‘especially in the global economy the foreign manufacturer becomes their inaction to the families of those when you’ve got U.S. goods really being used aware of the dangerous defect or when who have been injured using their prod- by individuals around the world. We should the manufacturer is notified about the ucts. Maybe Americans should not buy know when there’s a problem someplace defect by the foreign government. This any Mitsubishi products because they else.’’; notification would be earlier in time lied for 20 years. Criminal penalties are (2) as of the date of enactment of this Act, there is no legal requirement for manufac- than the beginning of a foreign recall clearly needed. In the global economy turers of motor vehicles and their compo- or any efforts to replace the defective there has to be some compassion for nents to notify United States agencies of a product. the suffering that is sometimes caused recall issued in a foreign country; My bill also requires the manufac- around the world. There seems to be al- (3) between August 1999 and spring 2000, turer file a full report on the cir- most a disconnect. The President of Ford Motor Company replaced Firestone cumstances regarding each defective Ford Motors, for example, when he tires on 46,912 vehicles in Saudi Arabia, Thai- vehicle or vehicle component. The bill heard that Congress was going to ques- land, Malaysia, and South America; will impose stiff criminal penalties for tion him, at first was unwilling to tes- (4)(A) on May 2, 2000, the National Highway false or misleading statements, or ef- Traffic Safety Administration opened a pre- tify personally. liminary evaluation into Firestone ATX, forts to coverup the truth, regarding I think he heard an almost national ATX II, and Wilderness AT tires after receiv- these reports. It also imposes criminal outcry over that insolence and dis- ing 90 complaints, primarily from consumers and civil penalties for other violations regard of the people of this country, in- in the Southeast and Southwest, about tread of the bill. In other words, if tires are solence and arrogance that kept him separations or blowouts;

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(B) as of September 2000, the National ‘‘(2) COMPROMISE OF PENALTY.—The Attor- lated to motor vehicle safety (as determined Highway Traffic Safety Administration has ney General may compromise the amount of in accordance with regulations promulgated received over 1,400 complaints, including re- a civil penalty imposed under paragraph (1). by the Secretary), the manufacturer of the ports of more than 250 injuries and 88 deaths; ‘‘(3) DETERMINATION OF AMOUNT.—In deter- foreign motor vehicle product shall report and mining the amount of a civil penalty or com- the determination to the Secretary in such (C) some of the complaints date back to promise under this subsection, the Attorney manner as the Secretary establishes by regu- the early 1990s, and 797 of the complaints re- General shall consider— lation.’’. port that a tire failure took place between ‘‘(A) the appropriateness of the penalty or SEC. 5. EFFECTIVE DATE. August 1, 1999, and August 9, 2000; and compromise in relation to the size of the This Act and the amendments made by (5)(A) on August 9, 2000, Bridgestone/Fire- business of the manufacturer liable for the this Act take effect on the date that is 180 stone announced a United States recall of penalty; and days after the date of enactment of this Act. 6,500,000 ATX, ATX II, and Wilderness AT ‘‘(B) the gravity of the violation. tires; and ‘‘(4) DEDUCTION OF AMOUNT OF PENALTY.— SUMMARY (B) that date was 3 months after the Na- The United States Government may deduct This Act will provide criminal pen- tional Highway Traffic Safety Administra- the amount of the civil penalty imposed or alties for making false or misleading tion commenced its investigation and nearly compromised under this section from any 9 months after Ford Motor Company initi- amount that the Government owes the man- statements in notifications or reports ated the replacement of the tires in foreign ufacturer liable for the penalty.’’. made to the U.S. Government regard- countries. (b) CONFORMING AMENDMENT.—The analysis ing recalls or replacement actions re- (b) PURPOSE.—The purpose of this Act is to for chapter 47 of title 18, United States Code, garding motor vehicles and component ensure that defects in motor vehicles or re- is amended by adding at the end the fol- parts. This criminal liability and the placement equipment in foreign countries lowing: requirements for providing notice is are quickly, accurately and truthfully re- ‘‘1036. Penalties in connection with reporting triggered when a foreign government ported to the United States Secretary of of defects in foreign motor ve- makes the manufacturer aware of the Transportation in cases in which— hicle products.’’. defect in motor vehicles or replace- (1) the motor vehicles or replacement SEC. 4. REPORTING OF DEFECTS IN FOREIGN equipment is manufactured for export to the MOTOR VEHICLE PRODUCTS. ment parts, even before it triggers re- United States; or Section 30118 of title 49, United States calls or replacement actions. (2) the motor vehicles or replacement Code, is amended by adding at the end the This Act will help ensure accurate, equipment is manufactured in the United following: truthful information and timely notice States using a manufacturing process that is ‘‘(f) REPORTING OF DEFECTS IN FOREIGN regarding recalls or replacement ac- the same as, or similar to, the manufac- MOTOR VEHICLE PRODUCTS.— tions concerning defective motor vehi- turing process used in the foreign country, ‘‘(1) DEFINITION OF FOREIGN MOTOR VEHICLE cles or replacement equipment such as with the result that the motor vehicles or re- PRODUCT.—The term ‘foreign motor vehicle placement equipment manufactured in the product’ means a motor vehicle or replace- tires in foreign countries are quickly United States may also be defective. ment equipment that— reported to the United States Sec- SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CON- ‘‘(A) is manufactured in a foreign country retary of Transportation where such NECTION WITH REPORTING OF DE- for export to the United States; or vehicles are manufactured for export to FECTS IN FOREIGN MOTOR VEHICLE ‘‘(B) is manufactured in a foreign country the United States or where the defec- PRODUCTS. using a manufacturing process that is the tive product or equipment is manufac- (a) IN GENERAL.—Chapter 47 of title 18, same as, or similar to, a manufacturing proc- United States Code, is amended by adding at tured in the United States in a manner ess used in the United States for a motor ve- that is similar to its manufacture in the end the following: hicle or replacement equipment. the foreign country and thus may like- ‘‘§ 1036. Penalties in connection with report- ‘‘(2) REPORTING OF DEFECTS.— ing of defects in foreign motor vehicle ‘‘(A) INITIAL REPORT.—Not later than 48 wise be dangerous. products hours after determining, or learning that a The notification must be provided to ‘‘(a) DEFINITIONS.— government of a foreign country has deter- the Secretary within 48 hours of when ‘‘(1) FOREIGN MOTOR VEHICLE PRODUCT.—The mined, that a foreign motor vehicle product the foreign manufacturer learns or is term ‘foreign motor vehicle product’ means contains a defect that could be related to notified of the defect by the foreign a motor vehicle or replacement equipment motor vehicle safety, the manufacturer of government. Within 5 days of that 48- that— the foreign motor vehicle product shall re- hour deadline, a more detailed, accu- port the determination to the Secretary. ‘‘(A) is manufactured in a foreign country rate and truthful report must be pro- for export to the United States; or ‘‘(B) WRITTEN REPORT.— ‘‘(B) is manufactured in a foreign country ‘‘(i) IN GENERAL.—Not later than 5 days vided to the Secretary of Transpor- using a manufacturing process that is the after the end of the 48-hour period described tation describing the basis for actions same as, or similar to, a manufacturing proc- in subparagraph (A), the manufacturer shall taken and providing information about ess used in the United States for a motor ve- submit to the Secretary a written report serious injuries or fatalities related to hicle or replacement equipment. that meets the requirements of clause (ii). the defect. ‘‘(2) OTHER TERMS.—The terms ‘defect’, ‘‘(ii) CONTENTS OF WRITTEN REPORT.—A In addition, even if a defect is not ‘manufacturer’, ‘motor vehicle’, and ‘re- written report under clause (i) shall con- identified, the Secretary must be noti- placement equipment’ have the meanings tain— fied each time there is a significant in- ‘‘(I) a description of the foreign motor ve- given the terms in section 30102 of title 49. crease in deaths or serious injuries in a ‘‘(b) CRIMINAL PENALTY.—A manufacturer hicle product that is the subject of the re- of a foreign motor vehicle product, or an of- port; foreign country related to vehicles or ficer or employee of such a manufacturer, ‘‘(II) a description of— vehicle components manufactured in that, in connection with a report required to ‘‘(aa) the determination of the defect by foreign countries for export to the be filed under section 30118(f) of title 49, will- the government of the foreign country or by United States or related to vehicles or fully— the manufacturer of a foreign motor vehicle components manufactured in the ‘‘(1) falsifies or conceals a material fact; product; and United States using similar manufac- ‘‘(2) makes a materially false, fictitious, or ‘‘(bb) any measures that the government turing processes (as are used in the for- fraudulent statement or representation; or requires to be taken, or the manufacturer de- ‘‘(3) makes or uses a false writing or docu- termines should be taken, to obtain a rem- eign country), as defined in regulations ment knowing that the writing or document edy of the defect; of the Secretary. contains any materially false, fictitious, or ‘‘(III) information concerning any serious Failure to comply with these require- fraudulent statement or entry; injuries or fatalities possibly resulting from ments, and any related requirements shall be fined under this title, imprisoned the defect; and set by the Secretary under the bill, not more than 5 years, or both. ‘‘(IV) such other information as the Sec- shall result in a civil money penalty of ‘‘(c) CIVIL PENALTY.— retary determines to be appropriate. up to $500,000, per day. In addition, for ‘‘(1) IN GENERAL.—In addition to any civil ‘‘(3) REPORTING OF POSSIBLE DEFECTS.— manufacturers or employees of foreign penalty that may be assessed under chapter Upon making a determination that there 301 of title 49, a manufacturer that violates have been a significant number of serious in- motor vehicle products (manufacturing section 30118(f) of title 49 shall be subject to juries or fatalities in a foreign country that vehicles for export to the United States a civil penalty of not more than $500,000 for could have resulted from a defect in a for- or using manufacturing processes simi- each day of the violation. eign motor vehicle product that could be re- lar to that used in the United States)

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who in reporting to the Secretary Guard Special Force with a special Virginia (Mr. WARNER) was added as a knowingly or willfully: falsifies, con- medal that honors them as American cosponsor of S. 1814, a bill to establish ceals, or covers up a material fact; heroes. It will recognize the military a system of registries of temporary ag- makes a materially false, fictitious, or character of their service by awarding ricultural workers to provide for a suf- fraudulent statement or representa- each of them at least one of the three ficient supply of such workers and to tion; or makes a false writing or docu- World War II campaign medals for amend the Immigration and Nation- ment, shall be imprisoned for up to 5 service in the American, Asiatic-Pa- ality Act to streamline procedures for years and shall be subject to criminal cific, and Europe-Africa-Middle East the admission and extension of stay of fines of up to $500,000 for corporations, theaters of war. Let’s do the right nonimmigrant agricultural workers, or $250,000 for individuals. thing for this unrecognized group of and for other purposes. This Act shall be effective beginning American veterans who sacrificed so S. 1915 six months after enactment. much for their country. For more than At the request of Mr. JEFFORDS, the fifty years, members of the Naval name of the Senator from New Jersey By Mrs. MURRAY: Armed Guard have shared their war- (Mr. LAUTENBERG) was added as a co- S.J Res. 51. A joint resolution au- time stories of sacrifice and commit- sponsor of S. 1915, a bill to enhance the thorizing special awards to veterans of ment with one another. Now is the services provided by the Environ- service as United States Navy Armed time for all Americans to acknowledge mental Protection Agency to small Guards during World War I or World their service in a heart felt way. communities that are attempting to War II; to the Committee on Armed I urge prompt Senate consideration comply with national, State, and local Services. and passage of this legislation. environmental regulations. LEGISLATION TO HONOR NAVAL ARMED GUARD f S. 1938 VETERANS ADDITIONAL COSPONSORS At the request of Mr. CRAIG, the Mrs. MURRAY. Mr. President, I am name of the Senator from Minnesota S. 867 introducing legislation today to pro- (Mr. GRAMS) was added as a cosponsor At the request of Mr. ROTH, the name vide a long overdue honor to a distin- of the Senator from New Hampshire of S. 1938, a bill to provide for the re- guished group of American veterans. turn of fair and reasonable fees to the (Mr. SMITH) was added as a cosponsor The United States Naval Armed Guard of S. 867, a bill to designate a portion of Federal Government for the use and oc- made heroic contributions to our naval the Arctic National Wildlife Refuge as cupancy of National Forest System efforts in World War I and World War II wilderness. land under the recreation residence and the time has come for a grateful program, and for other purposes. S. 1215 nation to recognize these brave vet- S. 1974 At the request of Mr. DODD, the name erans. of the Senator from South Dakota (Mr. At the request of Mr. SCHUMER, the The Armed Guard consisted of the of- JOHNSON) was added as a cosponsor of names of the Senator from Louisiana ficers, gunners, radiomen, signalmen S. 1215, a bill to amend title 38, United (Ms. LANDRIEU) and the Senator from and later medics and radarmen who States Code, to authorize the Secretary Georgia (Mr. MILLER) were added as co- were placed on cargo ships to protect of Veterans Affairs to furnish sponsors of S. 1974, a bill to amend the them from armed assault. headstones or markers for marked Internal Revenue Code of 1986 to make The U.S. Navy Armed Guard was first graves of, or to otherwise commemo- higher education more affordable by constituted during World War I and rate, certain individuals. providing a full tax deduction for high- armed gunners served on 384 ships. Dur- S. 1608 er education expenses and a tax credit ing World War II, the U.S. Navy Armed At the request of Mr. WYDEN, the for student education loans. Guard served on 6,236 merchant ships. name of the Senator from California S. 2018 710 of these ships were sunk and many (Mrs. FEINSTEIN) was added as a co- At the request of Mrs. HUTCHISON, the more were damaged in combat. The sponsor of S. 1608, a bill to provide an- name of the Senator from Louisiana Armed Guard has 144,970 men assigned nual payments to the States and coun- (Ms. LANDRIEU) was added as a cospon- to it before the war ended in 1945. 1,810 ties from National Forest System lands sor of S. 2018, a bill to amend title men were killed during engagements managed by the Forest Service, and XVIII of the Social Security Act to re- with the enemy. the revested Oregon and California vise the update factor used in making I am here today because the con- Railroad and reconveyed Coos Bay payments to PPS hospitals under the tributions to victories in the two world Wagon Road grant lands managed pre- medicare program. wars of these fine patriots has never dominately by the Bureau of Land S. 2096 been recognized by our Government or Management, for use by the counties in At the request of Mr. BAYH, the name the Navy. I believe the Congress should which the lands are situated for the of the Senator from Maryland (Ms. MI- act to honor these veterans whose rec- benefit of the public schools, roads, KULSKI) was added as a cosponsor of S. ognition is both deserved and long emergency and other public purposes; 2096, a bill to amend the Internal Rev- overdue. to encourage and provide new mecha- enue Code of 1986 to provide an income The wartime contributions of these nisms for cooperation between counties tax credit to long-term caregivers. men were absolutely vital to the safe and the Forest Service and the Bureau S. 2308 delivery of cargos that took the war to of Land Management to make nec- At the request of Mr. MOYNIHAN, the our enemies. Many times they stayed essary investments in Federal lands, name of the Senator from Louisiana in the fight even as the decks of their and reaffirm the positive connection (Ms. LANDRIEU) was added as a cospon- ships were awash and sinking. What is between Federal Lands counties and sor of S. 2308, a bill to amend title XIX most notable is that other nations that Federal Lands; and for other purposes. of the Social Security Act to assure now are free because of the contrib- S. 1732 preservation of safety net hospitals uting sacrifices of the U.S. Navy At the request of Mr. BREAUX, the through maintenance of the Medicaid Armed Guards, have awarded special name of the Senator from Louisiana disproportionate share hospital pro- medals in recognition of the heroic ac- (Ms. LANDRIEU) was added as a cospon- gram. tions of the members of the U.S. Navy sor of S. 1732, a bill to amend the Inter- S. 2438 Armed Guard Special Force. nal Revenue Code of 1986 to prohibit At the request of Mr. MCCAIN, the Mr. President, It is high time we did certain allocations of S corporation name of the Senator from New Mexico the right thing and recognized these stock held by an employee stock own- (Mr. BINGAMAN) was added as a cospon- fine fighting men for their service. This ership plan. sor of S. 2438, a bill to provide for en- legislation would honor these men in a S. 1814 hanced safety, public awareness, and very fitting way. It will recognized At the request of Mr. SMITH of Or- environmental protection in pipeline former members of the U.S. Armed egon, the name of the Senator from transportation, and for other purposes.

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S. 2639 S. 2735 S. 2967 At the request of Mr. DOMENICI, the At the request of Mr. CONRAD, the At the request of Mr. MURKOWSKI, the name of the Senator from Maine (Ms. name of the Senator from Maine (Ms. name of the Senator from Nebraska SNOWE) was added as a cosponsor of S. COLLINS) was added as a cosponsor of S. (Mr. HAGEL) was added as a cosponsor 2639, a bill to amend the Public Health 2735, a bill to promote access to health of S. 2967, a bill to amend the Internal Service Act to provide programs for care services in rural areas. Revenue Code of 1986 to facilitate com- the treatment of mental illness. S. 2787 petition in the electric power industry. S. 2978 S. 2643 At the request of Mr. BIDEN, the At the request of Mr. DASCHLE, the At the request of Mrs. MURRAY, her name of the Senator from Alaska (Mr. names of the Senator from Vermont name was added as a cosponsor of S. STEVENS) was added as a cosponsor of 2643, a bill to amend the Foreign As- S. 2787, a bill to reauthorize the Fed- (Mr. LEAHY) and the Senator from Con- necticut (Mr. LIEBERMAN) were added sistance Act of 1961 to provide in- eral programs to prevent violence as cosponsors of S. 2978, a bill to re- creased foreign assistance for tuber- against women, and for other purposes. cruit and retain more qualified individ- culosis prevention, treatment, and con- At the request of Mr. HATCH, the uals to teach in Tribal Colleges or Uni- trol. name of the Senator from Indiana (Mr. versities. S. 2686 LUGAR) was added as a cosponsor of S. S. 2997 2787, supra. At the request of Mr. COCHRAN, the At the request of Mr. KENNEDY, his name of the Senator from Michigan S. 2807 name was added as a cosponsor of S. (Mr. LEVIN) was added as a cosponsor of At the request of Mr. FRIST, the 2997, a bill to establish a National S. 2686, a bill to amend chapter 36 of names of the Senator from Kentucky Housing Trust Fund in the Treasury of title 39, United States Code, to modify (Mr. BUNNING) and the Senator from the United States to provide for the de- rates relating to reduced rate mail Kansas (Mr. BROWNBACK) were added as velopment of decent, safe, and afford- matter, and for other purposes. cosponsors of S. 2807, a bill to amend able housing for low-income families. S. 2703 the Social Security Act to establish a S. CON. RES. 127 At the request of Mr. AKAKA, the Medicare Prescription Drug and Sup- At the request of Mr. FITZGERALD, names of the Senator from Vermont plemental Benefit Program and to sta- the name of the Senator from New (Mr. LEAHY), the Senator from New bilize and improve the Hampshire (Mr. SMITH) was added as a Jersey (Mr. TORRICELLI), the Senator Medicare+Choice program, and for cosponsor of S. Con. Res. 127, a concur- from North Dakota (Mr. CONRAD), and other purposes. rent resolution expressing the sense of the Senator from North Dakota (Mr. S. 2858 the Congress that the Parthenon Mar- DORGAN) were added as cosponsors of S. At the request of Mr. GRAMS, the bles should be returned to Greece. 2703, a bill to amend the provisions of name of the Senator from Maine (Ms. S. RES. 332 title 39, United States Code, relating to COLLINS) was added as a cosponsor of S. At the request of Mr. KENNEDY, the the manner in which pay policies and 2858, a bill to amend title XVIII of the names of the Senator from Michigan schedules and fringe benefit programs Social Security Act to ensure adequate (Mr. ABRAHAM) and the Senator from for postmasters are established. payment rates for ambulance services, Massachusetts (Mr. KERRY) were added S. 2726 to apply a prudent layperson standard as cosponsors of S. Res. 332, a resolu- At the request of Mr. HELMS, the to the determination of medical neces- tion expressing the sense of the Senate name of the Senator from Alaska (Mr. sity for emergency ambulance services, with respect to the peace process in MURKOWSKI) was added as a cosponsor and to recognize the additional costs of Northern Ireland. of S. 2726, a bill to protect United providing ambulance services in rural S. RES. 343 States military personnel and other areas. At the request of Mr. FITZGERALD, elected and appointed officials of the S. 2868 the names of the Senator from Mis- United States Government against At the request of Mr. FRIST, the sissippi (Mr. LOTT), the Senator from criminal prosecution by an inter- names of the Senator from North Caro- Maryland (Ms. MIKULSKI), the Senator national criminal court to which the lina (Mr. HELMS), the Senator from from Arkansas (Mr. HUTCHINSON), the United States is not a party. North Dakota (Mr. CONRAD), the Sen- Senator from New Mexico (Mr. BINGA- MAN), and the Senator from Minnesota S. 2729 ator from North Dakota (Mr. DORGAN), (Mr. GRAMS) were added as cosponsors At the request of Mr. SMITH of Or- and the Senator from Hawaii (Mr. of S.Res. 343, a resolution expressing egon, the name of the Senator from INOUYE) were added as cosponsors of S. the sense of the Senate that the Inter- Kansas (Mr. BROWNBACK) was added as 2868, a bill to amend the Public Health national Red Cross and Red Crescent a cosponsor of S. 2729, supra. Service Act with respect to children’s health. Movement should recognize and admit At the request of Mr. CONRAD, the to full membership Israel’s Magen S. 2879 name of the Senator from North Da- David Adom Society with its emblem, kota (Mr. DORGAN) was added as a co- At the request of Ms. COLLINS, the the Red Shield of David. sponsor of S. 2729, a bill to amend the name of the Senator from Delaware AMENDMENT NO. 4033 Internal Revenue Code of 1986 and the (Mr. ROTH) was added as a cosponsor of At the request of Ms. COLLINS, the Surface Mining Control and Reclama- S. 2879, a bill to amend the Public name of the Senator from Michigan tion Act of 1977 to restore stability and Health Service Act to establish pro- (Mr. ABRAHAM) was added as a cospon- equity to the financing of the United grams and activities to address diabe- sor of Amendment No. 4033 proposed to Mine Workers of America Combines tes in children and youth, and for other H.R. 4733, a bill making appropriations Benefit Fund by eliminating the liabil- purposes. for energy and water development for ity of reachback operations, to provide S. 2937 the fiscal year ending September 30, additional sources of revenue to the At the request of Mr. DOMENICI, the 2001, and for other purposes. Fund, and for other purposes. names of the Senator from Ohio (Mr. f S. 2733 VOINOVICH) and the Senator from Ala- At the request of Mr. SANTORUM, the bama (Mr. SESSIONS) were added as co- SENATE CONCURRENT RESOLU- name of the Senator from Utah (Mr. sponsors of S. 2937, a bill to amend title TION 134—DESIGNATING SEP- BENNETT) was added as a cosponsor of XVIII of the Social Security Act to im- TEMBER 8, 2000, AS GALVESTON S. 2733, a bill to provide for the preser- prove access to Medicare+Choice plans HURRICANE NATIONAL REMEM- vation of assisted housing for low in- through an increase in the annual BRANCE DAY come elderly persons, disabled persons, Medicare+Choice capitation rates and Mrs. HUTCHISON (for herself and and other families. for other purposes. Mr. GRAMM) submitted the following

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17119 concurrent resolution; which was con- States from foreign countries, including tive technologies for the demilitarization of sidered and agreed to: Canada and Asian countries, unless the im- weapons components and the treatment of portation is reported to the Service, as re- mixed waste resulting from the demilitariza- S. CON. RES. 134 quired under Federal law. tion of such components. Whereas September 8, 2000 marks the 100th (b) EVALUATION OF ADAMS PROCESS.—The f anniversary of the hurricane that struck Secretary of Energy shall conduct an evalua- Galveston, Texas on September 8, 1900, the AMENDMENTS SUBMITTED tion of the so-called ‘‘Adams process’’ cur- deadliest natural disaster in United States rently being tested by the Department of En- history; ergy at its Diagnostic Instrumentation and Whereas an estimated 6,000 people died in a ENERGY AND WATER DEVELOP- Analysis Laboratory using funds of the De- few hours in this thriving port of 37,000, MENT APPROPRIATIONS ACT, partment of Defense. dubbed the ‘‘Wall Street of the West’’ at the 2001 (c) REPORT.—Not later than September 30, dawn of the 20th century; 2001, the Secretary of Energy shall submit to Whereas vast waves, surging flood waters, Congress a report on the evaluation con- and powerful winds of more than 120 miles an ducted under subsection (b). hour overtook the town, in an era without LOTT AMENDMENTS NOS. 4036–4037 radar, satellites, or modern radio, making (Ordered to lie on the table.) GRAMS AMENDMENT NO. 4041 off-shore hurricanes difficult to track; Mr. LOTT submitted two amend- Whereas the residents of Galveston island (Ordered to lie on the table.) ments intended to be proposed by him Mr. GRAMS submitted an amend- showed much courage and sacrifice during to the bill (H.R. 4733) making appro- the tempest, exemplified by 10 nuns who lost ment intended to be proposed by him their lives along with the 90 children they priations for energy and water develop- to the bill, H.R. 4733, supra; as follows: were trying to save at St. Mary’s Orphanage ment for the fiscal year ending Sep- On page 90, between lines 6 and 7, insert on the beach; tember 30, 2001, and for other purposes; the following: Whereas Galveston never lost her resilient as follows: SEC. 3ll. REPORT ON IMPACTS OF A STATE-IM- spirit, built a sturdy 17-foot sea wall that AMENDMENT NO. 4036 POSED LIMIT ON THE QUANTITY OF staved off other fierce hurricanes, pumped in SPENT NUCLEAR FUEL THAT MAY BE At the appropriate place in the bill, insert STORED ONSITE. millions of tons of sand from the Gulf of the following: Mexico in order to raise the level of the city (a) SECRETARY OF ENERGY.—Not later than SEC. . Of the funds to be appropriated by 90 days after the date of enactment of this and its buildings to a safer height, and be- section , $10,400,000 is available for the came a beautiful and prosperous town yet Act, the Secretary of Energy shall submit to Pascagoula Harbor for operation and mainte- Congress a report containing a description of again; nance. Whereas the city of Galveston is this year all alternatives that are available to the holding a ceremony commemorating the Northern States Power Company and the AMENDMENT NO. 4037 hurricane, launching educational efforts, and Federal Government to allow the Company celebrating the rebirth of Galveston after At the appropriate place in the bill, insert to continue to operate the Prairie Island Nu- clear Generating Plant until the end of the the storm; and the following: term of the license issued to the Company by Whereas our Nation, which benefits from SEC. . Of the funds to be appropriated by the Nuclear Regulatory Commission, in view modern weather technology and the lessons section , $20,000,000 is available for the Gulf- of a law of the State of Minnesota that lim- learned from the Galveston tragedy, should port Harbor for authorized channel width its the quantity of spent nuclear fuel that never cease to improve hurricane forecasting dredging in the North Channel. may be stored at the Plant, assuming that and make life safer and more secure along existing Federal and State laws remain un- our coasts: Now, therefore, be it SCHUMER (AND MOYNIHAN) changed. Resolved by the Senate (the House of Rep- AMENDMENT NO. 4038 (b) COMPTROLLER GENERAL.—Not later than resentatives concurring), That— 180 days after the date of enactment of this (1) September 8, 2000 is designated as Gal- (Ordered to lie on the table.) Mr. SCHUMER (for himself and Mr. Act, the Comptroller General of the United veston Hurricane National Remembrance States shall submit to Congress a report on MOYNIHAN) submitted an amendment Day; and the potential economic and environmental (2) the President is authorized and re- intended to be proposed by them to the impacts to ratepayers in the States of Min- quested to issue a proclamation in memory bill, H.R. 4733, supra; as follows: nesota, North Dakota, and Wisconsin if the of the thousands of Galvestonians and other On page 68, line 15, strike ‘‘expended:’’ and Prairie Island Nuclear Generating Plant Americans who lost their lives in the dev- insert ‘‘expended, of which $3,000,000 shall be were to cease operation as a result of having astating hurricane of 1900 and the survivors available for facilities utilization at the Na- reached the limit established by the State who rebuilt Galveston. tional Synchrotron Light Source at law referred to in subsection (a), including f Brookhaven National Laboratory:’’. impacts attributable to the costs of new gen- SENATE RESOLUTION 348—TO EX- eration, decommissioning costs, and the PRESS THE SENSE OF THE SEN- COCHRAN AMENDMENT NO. 4039 costs of continued onsite storage of spent nu- clear fuel until such time as the Secretary of ATE THAT THE SECRETARY OF (Ordered to lie on the table.) Energy opens a repository for such fuel. THE TREASURY, ACTING Mr. COCHRAN submitted an amend- THROUGH THE UNITED STATES ment intended to be proposed him to BREAUX AMENDMENT NO. 4042 CUSTOMS SERVICE, SHOULD the bill, H.R. 4733, supra; as follows: (Ordered to lie on the table.) CONDUCT INVESTIGATIONS INTO, On page 67, line 4, strike ‘‘Fund:’’ and in- Mr. BREAUX submitted an amend- AND TAKE SUCH OTHER ACTIONS sert ‘‘Fund, of which an appropriate amount ment intended to be proposed by him AS ARE NECESSARY TO PRE- shall be available for innovative projects in to the bill, H.R. 4733, supra; as follows: VENT, THE UNREPORTED IMPOR- small rural communities in the Mississippi Insert the following at the end of line 18, Delta, such as Morgan City, Mississippi, to TATION OF GINSENG PRODUCTS page 47 before the period: ‘‘:Provided further, demonstrate advanced alternative energy INTO THE UNITED STATES FROM That the Secretary of the Army, acting technologies, concerning which projects the FOREIGN COUNTRIES through the Chief of Engineers, is directed to Secretary of Energy shall submit to Con- use $200,000, of funds appropriated herein for Mr. FEINGOLD submitted the fol- gress a report not later than March 31, Research and Development, for a topo- lowing resolution; which was referred 2001:’’. to the Committee on Finance: graphic/bathymetric mapping project for Coastal Louisiana in cooperation with the S. RES. 348 COCHRAN AMENDMENT NO. 4040 National Oceanic and Atmospheric Adminis- SECTION 1. UNREPORTED IMPORTATION OF GIN- (Ordered to lie on the table.) tration at the interagency federal laboratory SENG PRODUCTS. Mr. COCHRAN submitted an amend- in Lafayette, Louisiana.’’ It is the sense of the Senate that the Sec- ment intended to be proposed him to retary of the Treasury, acting through the GRAHAM AMENDMENT NO. 4043 United States Customs Service, should, to the bill, H.R. 4733, supra; as follows: the maximum extent practicable, conduct On page 90, between lines 6 and 7, insert (Ordered to lie on the table.) investigations into, and take such other ac- the following: Mr. GRAHAM submitted an amend- tions as are necessary to prevent, the impor- SEC. 320. (a) FINDING.—Congress finds that ment intended to be proposed by him tation of ginseng products into the United the Department of Energy is seeking innova- to the bill, H.R. 4733, supra; as follows:

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17120 CONGRESSIONAL RECORD—SENATE September 6, 2000 On page 53, line 14, before the period, insert (3) strong demand for gasoline and diesel Mr. LEVIN submitted an amendment the following: ‘‘: Provided further, That fuel has resulted in inventories of home intended to be proposed by him to the $1,700,000 shall be used to implement environ- heating oil that are down 39 percent from a bill, H.R. 4733, supra; as follows: mental restoration requirements as specified year ago; under the certification issued by the State of (4) rising oil and natural gas prices are a On page 47, strike line 18 and insert the fol- Florida under section 401 of the Federal significant factor in the 0.6 percent increase lowing: Water Pollution Control Act (33 U.S.C. 1341), in the Consumer Price Index for June 2000 $139,219,000, to remain available until ex- dated October 1999 (permit number 0129424– and the 3.7 percent increase over the past 12 pended, of which $250,000 shall be made avail- 001–DF)’’. months; able to develop the Detroit River Masterplan (5) demand for diesel fuel, liquid petro- under section 568 of the Water Resources De- BREAUX AMENDMENT NO. 4044 leum, and gasoline has continued to increase velopment Act of 1999 (113 Stat. 368). while supplies have decreased; (Ordered to lie on the table.) (6) the current energy crisis facing the BINGAMAN AMENDMENTS NOS. Mr. BREAUX submitted an amend- United States has had and will continue to 4052–4053 ment intended to be proposed by him have a detrimental impact on the economy; to the bill, H.R. 4733, supra; as follows: (7) the price of energy greatly affects the (Ordered to lie on the table.) input costs of farmers, truckers, and small Mr. BINGAMAN submitted two At the appropriate place, insert the fol- businesses; and amendments intended to be proposed lowing: (8) on July 21, 2000, in testimony before the by him to the bill, H.R. 4733, supra; as SECTION 1. FUNDING OF THE COASTAL WET- Committee on Agriculture, Nutrition, and follows: LANDS PLANNING, PROTECTION Forestry of the Senate, the Secretary of En- AND RESTORATION ACT. AMENDMENT NO. 4052 ergy stated that the Administration had de- Section 4(a) of the Act of August 9, 1950 (16 veloped and was in the process of finalizing a On page 83, before line 20, add the following U.S.C. 777c(a)), is amended in the second sen- plan to address potential home heating oil new subsection: tence by striking ‘‘2000’’ and inserting and natural gas shortages. ‘‘(c) The limitation in subsection (a) shall ‘‘2009’’. (b) REPORT.—Not later than September 30, not apply to travel by Department of Energy 2000, the Secretary of Energy shall submit to management and operating contractor em- SCHUMER (AND OTHERS) Congress a report detailing the Department ployees who are scientists or engineers when AMENDMENT NO. 4045 of Energy’s plan to address the high cost of such travel is for the purpose of— home heating oil and natural gas. ‘‘(1) performing research or development (Ordered to lie on the table.) activities; or Mr. SCHUMER (for himself, Mr. LEVIN AMENDMENTS NOS. 4048–4049 ‘‘(2) presenting research or development re- TORRICELLI, and Mr. MOYNIHAN) sub- sults to other scientists or engineers.’’. mitted an amendment intended to be (Ordered to lie on the table.) Mr. LEVIN submitted two amend- proposed by them to the bill, H.R. 4733, AMENDMENT NO. 4053 ments intended to be proposed by him supra; as follows: On page 83, strike line 20 and all that fol- to the bill, H.R. 4733, supra; as follows: On page 48, strike line 19 and insert the fol- lows down to the end of page 84, line 23 and AMENDMENT NO. 4048 lowing: insert the following: ‘‘Jackson County, Mississippi, $2,000,000; On page 47, line 18, before the period, insert ‘‘SEC. 309. (a) None of the funds for the Na- ‘‘Arthur Kill Channel, New York, $5,000,000; the following: tional Nuclear Security Administration in ‘‘Kill Van Kull Channel, New York, ‘‘, of which $75,000 of funds made available to this Act or any future Energy and Water De- $53,000,000; and’’. provide planning assistance to States under velopment Appropriations Act may be ex- section 22 of the Water Resources Develop- pended after December 31 of each year under ment Act of 1974 (42 U.S.C. 1962d–16) shall be a covered contract unless the funds are ex- MURKOWSKI AMENDMENT NO. 4046 used to conduct a comprehensive water man- pended in accordance with a Laboratory (Ordered to lie on the table.) agement study for Houghton Lake, Michi- Funding Plan for Nuclear Security that has Mr. MURKOWSKI submitted an gan’’. been approved by the Administrator of the amendment intended to be proposed by National Nuclear Security Administration as AMENDMENT NO. 4049 part of the overall Laboratory Funding Plan him to the bill, H.R. 4733, supra; as fol- On page 47, strike line 18 and insert the fol- required by section 310(a) of Public Law 106– lows: lowing: 60. At the beginning of each fiscal year, the On page 67, line 9, after ‘‘activities’’ insert $139,219,000, to remain available until ex- Administrator shall issue directions to lab- the following: ‘‘, and Provided Further, That, pended, of which $1,500,000 shall be made oratories under a covered contract for the of the amounts made available for energy available to carry out activities under the programs, projects, and activities of the Na- supply $1,000,000 shall be available for the Of- John Glenn Great Lakes Basin Program es- tional Nuclear Security Administration to fice of Arctic Energy’’. tablished under section 455 of the Water Re- be conducted at such laboratories in that fis- sources Development Act of 1999 (42 U.S.C. cal year. The Administrator and the labora- GRASSLEY (AND OTHERS) 1962d–21). tories under a covered contract shall devise AMENDMENT NO. 4047 a Laboratory Funding Plan for Nuclear Se- LEVIN (AND OTHERS) curity that identifies the resources needed to (Ordered to lie on the table.) AMENDMENTS NOS. 4050 carry out these programs, projects, and ac- Mr. GRASSLEY (for himself, Mr. tivities. Funds shall be released to the Lab- (Ordered to lie on the table.) GRAMS, and Mr. VOINOVICH) submitted oratories only after the Secretary has ap- Mr. LEVIN (for himself, Mr. LAUTEN- an amendment intended to be proposed proved the overall Laboratory Funding Plan BERG, and Mrs. HUTCHISON) submitted by them to the bill, H.R. 4733, supra; as containing the Laboratory Funding Plan for an amendment intended to be proposed Nuclear Security. The Secretary shall con- follows: by them to the bill, H.R. 4733, supra; as sult with the Administrator on the overall On page 90, between lines 6 and 7, insert follows: Laboratory Funding Plans for Los Alamos the following: On page 47, strike line 18 and insert the fol- National Laboratory, Lawrence Livermore SEC. 3ll. REPORT ON NATIONAL ENERGY POL- lowing: National Laboratory, and Sandia National ICY. Laboratories prior to approving them. The $139,219,000, to remain available until ex- (a) FINDINGS.—Congress finds that— Administrator may provide exceptions to re- pended, of which not less than $2,000,000 shall (1) since July 1999— be used for the national shoreline erosion quirements pertaining to a Laboratory (A) diesel prices have increased nearly 40 control development and demonstration pro- Funding Plan for Nuclear Security as the percent; gram authorized under section 5 of the Act of Administrator considers appropriate. (B) liquid petroleum prices have increased August 13, 1946 (33 U.S.C. 426h), including for ‘‘(b) For purposes of this section, ‘covered approximately 55 percent; and projects on Lake Michigan in Allegan Coun- contract’ means a contract for the manage- (C) gasoline prices have increased approxi- ty, Michigan, on Cape May Point in southern ment and operation of the following labora- mately 50 percent; New Jersey, and on High Island in Galveston, tories: Argonne National Laboratory, (2)(A) natural gas is the heating fuel for Texas. Brookhaven National Laboratory, Idaho Na- most homes and commercial buildings; and tional Engineering and Environmental Lab- (B) the price of natural gas increased 7.8 oratory, Lawrence Berkeley National Lab- percent during June 2000 and has doubled LEVIN AMENDMENT NO. 4051 oratory, Lawrence Livermore National Lab- since 1999; (Ordered to lie on the table.) oratory, Los Alamos National Laboratory,

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17121 Oak Ridge National Laboratory, Pacific $3,000,000 shall be made available for tech- CONRAD (AND DORGAN) Northwest National Laboratory, and Sandia nology development and demonstration pro- AMENDMENTS NOS. 4065–4066 National Laboratories.’’ gram in Combined Cooling, Heating and Power Technology Development for Thermal (Ordered to lie on the table.) Mr. CONRAD (for himself and Mr. STEVENS (AND MURKOWSKI) Load Management, District Energy Systems, DORGAN) submitted two amendments AMENDMENT NO. 4054 and Distributed Generation, based upon nat- ural gas, hydrogen, and renewable energy intended to be proposed by them to the (Ordered to lie on the table.) technologies. Further, the program is to be bill, H.R. 4733, supra; as follows: Mr. STEVENS (for himself and Mr. carried out by the Oak Ridge National Lab- AMENDMENT NO. 4065 oratory through its Building Equipment MURKOWSKI) submitted an amendment On page 55, between lines 18 and 19, insert Technology Program.’’ intended to be proposed by them to the the following: bill, H.R. 4733, supra; as follows: FLOOD CONTROL AND COASTAL EMERGENCIES AMENDMENT NO. 4060 At the appropriate place in the bill, insert The Secretary of the Army shall, notwith- the following new section: On page 90, between lines 6 and 7, insert the following: standing any other provision of law, use up ‘‘SEC. . Within available funds under Title to $32,000,000 of funds previously appro- I, the Secretary of the Army, acting through SEC. 3. . LIMITATION ON USE OF FUNDS TO PRO- priated under this head to design and con- MOTE OR ADVERTISE PUBLIC the Chief of Engineers, shall provide up to struct levees at Devils Lake, North Dakota, $7,000,000 to replace and upgrade the dam in TOURS. (a) IN GENERAL.—Notwithstanding any to protect areas currently protected only by Kake, Alaska which collapsed July, 2000 to roads acting as levees. provide drinking water and other provision of law, no funds made avail- able under this title shall be used to promote hydroelectricity.’’ AMENDMENT NO. 4066 or advertise any public tour of a facility or project of the Department of Energy. On page 55, between lines 18 and 19, insert INOUYE AMENDMENTS NOS. 4055– (b) APPLICABILITY.—Subsection (a) does not the following: 4056 apply to a public notice that is required by FLOOD CONTROL AND COASTAL EMERGENCIES (Ordered to lie on the table.) statute or regulation. For expenses necessary for emergency Mr. INOUYE submitted two amend- flood control, as authorized by section 5 of ments intended to be proposed by him REID (AND OTHERS) AMENDMENT the Act of August 18, 1941 (33 U.S.C. 701n), to the bill, H.R. 4733, supra; as follows: NO. 4061 $32,000,000 to remain available until ex- pended: Provided, That the Secretary of the AMENDMENT NO. 4055 (Ordered to lie on the table.) Army shall, notwithstanding any other pro- Insert the following after line 13, page 58: Mr. REID (for himself Mr. JEFFORDS, vision of law, use the funds provided to de- SEC. 104. In conducting the Kihei Area Ero- and Mr. LEAHY) submitted an amend- sign and construct levees around the lake of sion, HI, Reconnaissance Study the report ment intended to be proposed by them Devils Lake, North Dakota, to protect areas should include the extent and causes of the to the bill, H.R. 4733, supra; as follows: currently protected only by roads acting as erosion along the Kihei shorefront. Further, levees: Provided further, That the entire On page 67, line 4, after the word ‘‘Fund:’’ an assessment of both the regional and na- amount shall be available only to the extent insert the following: ‘‘Provided,’’ That, of the tional recreational and environmental bene- that the President submits to Congress an amount available for wind energy systems, fits from restoring this segment of the Kihei official budget request for specific dollar not less than $5,000,000 shall be made avail- shoreline should be used to determine wheth- amount that includes designation of the en- able for small wind, including not less than er a federal interest exists in renourishing tire amount of the request as an emergency $2,000,000 for the small wind turbine develop- this shoreline. requirement for the purposes of the Balanced ment project.’’ Budget and Emergency Deficit Control Act AMENDMENT NO. 4056 of 1985 (2 U.S.C. 900 et seq.): Provided further, Insert the following after line 13, page 58: REID AMENDMENTS NOS. 4062–4064 That the entire amount is designated by SEC. 105. The Waikiki Erosion Control, HI, (Ordered to lie on the table.) Congress as an emergency requirement under Reconnaissance Study should include any Mr. REID submitted three amend- section 251(b)(2)(A) of the Balanced Budget environmental resources that have been, or and Emergency Deficit Control Act of 1985 (2 may be, threatened by the erosion of this ments intended to be proposed by him U.S.C. 901(b)(2)(A)). shoreline. Further, the study shall include to the bill, H.R. 4733, supra; as follows: an estimate of the total recreational and AMENDMENT NO. 4062 BUNNING AMENDMENT NO. 4067 other economic benefits accruing to the pub- On page 67, line 4, after the word ‘‘Fund:’’ lic derived from restoring this segment of insert the following: ‘‘Provided,’’ That, (Ordered to lie on the table.) shoreline, in addition to any other estimated $4,000,000 shall be made available for the Mr. BUNNING submitted an amend- benefits the Corps deems appropriate in as- demonstration of an underground mining lo- ment intended to be proposed by him sessing the Federal interest in participating comotive and an earth loader powered by hy- to the bill, H.R. 4733, supra; as follows: in the restoration of this shorefront. drogen at existing mining facilities within On page 97, between lines 12 and 13, insert the State of Nevada. The demonstration is the following: REID AMENDMENTS NOS. 4057–4060 subject to a private sector industry cost- SEC. 7 . SALE OF MINERAL RIGHTS BY THE TEN- (Ordered to lie on the table.) share of not less than equal amount, and a NESSEE VALLEY AUTHORITY. Mr. REID submitted four amend- portion of these funds may also be used to The Tennessee Valley Authority shall not acquire a prototype hydrogen fueling appli- proceed with the proposed sale of approxi- ments intended to be proposed by him ance to provide on-site hydrogen in the dem- mately 40,000 acres of mineral rights in land to the bill, H.R. 4733, supra; as follows: onstration.’’ within the Daniel Boone National Forest, AMENDMENT NO. 4057 Kentucky, until after the Tennessee Valley Insert at the end of line 5, page 67 of the AMENDMENT NO. 4063 Authority completes an environmental im- bill ‘‘; Provided, further, That $1,000,000 is pro- On page 67, line 4, after the word ‘‘Fund:’’ pact statement under the National Environ- vided to initiate planning of a one MW dish insert the following: ‘‘Provided,’’ That, mental Policy Act of 1969 (42 U.S.C. 4321 et engine field validation power project at $5,000,000 shall be made available to support seq.). UNLV in Nevada’’. a project to demonstrate a commercial facil- ity employing thermo-depolymerization STEVENS (AND MURKOWSKI) AMENDMENT NO. 4058 technology at a site adjacent to the Nevada AMENDMENT NO. 4068 Insert at the end of line 22, page 61, ‘‘; Pro- Test Site. The project shall proceed on a vided Further, That, beginning in fiscal year cost-share basis where Federal funding shall (Ordered to lie on the table.) 2000 and thereafter, any amounts provided be matched in at least an equal amount with Mr. STEVENS (for himself and Mr. for the Newlands Water Rights Fund for pur- non-federal funding.’’ MURKOWSKI) submitted an amendment chasing and retiring water rights in the intended to be proposed by them to the Newlands Reclamation Project shall be non- AMENDMENT NO. 4064 bill, H.R. 4733, supra; as follows: reimbursable.’’ On line 15, page 68, after the word ‘‘ex- On page 47, line 18 after the phrase ‘‘to re- pended:’’ Insert the following: ‘‘Provided, main available until expended’’ insert the AMENDMENT NO. 4059 that $2,000,000 shall be made available to the following: ‘‘Provided, that $50,000 provided On line 4, page 67, after the word ‘‘Fund:’’ University Medical Center of Southern Ne- herein shall be for erosion control studies in Insert the following: ‘‘Provided, That vada for acquisition of a linear accelerator.’’ Harding Lake watershed in Alaska.’’

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17122 CONGRESSIONAL RECORD—SENATE September 6, 2000 DOMENICI AMENDMENTS NOS. 4069– Environmental Education and Research bility of providing additional crossing capac- 4071 Foundation and Michigan State University.’’ ity across the Chesapeake and Delaware Canal. (Ordered to lie on the table.) COCHRAN AMENDMENT NO. 4075 (b) REQUIRED ELEMENTS.—In carrying out Mr. DOMENICI submitted three subsection (a), the Secretary shall— amendments intended to be proposed (Ordered to lie on the table.) (1) analyze the need for providing addi- by him to the bill (H.R. 4733) supra, as Mr. DOMENICI (for Mr. COCHRAN) tional crossing capacity; follows: submitted an amendment intended to (2) analyze the timing, and establish a timeframe, for satisfying any need for addi- AMENDMENT NO. 4069 be proposed by him to the bill (H.R. 4733) supra; as follows: tional crossing capacity determined under At the appropriate place in the bill pro- paragraph (1); viding funding for Defense Nuclear Non- On page 52, line 10, strike ‘‘$324,450,000’’, (3) analyze the feasibility, taking into ac- proliferation, insert the following: ‘‘Provided and insert: ‘‘$334,450,000’’. count the rate of development around the further, That $2,000,000 shall be provided for On page 52, line 10, strike ‘‘expended’’, and canal, of developing 1 or more crossing cor- equipment acquisition for the Incorporated insert: ‘‘expended, of which $14,809,000 is for ridors to satisfy, within the timeframe es- Research Institutions for Seismology (IRIS) construction of the Yazoo Basin, Demonstra- tablished under paragraph (2), the need for PASSCAL Instrument Center.’’ tion Erosion Control, Mississippi, and additional crossing capacity with minimal AMENDMENT NO. 4070 $375,000 is for construction of Yazoo Basin, environmental impact; On page 73, line 22, after the word ‘‘ex- Tributaries projects in Mississippi, and of (4) analyze the feasibility of maintaining pended’’, insert the following: ‘‘Provided, which $6,165,000 is for operation and mainte- the bridge across the canal in the Route 13 That, $3,000,000 shall be made available from nance of the Yazoo Basin, Arkabutla, Mis- corridor as compared with the feasibility of within the funds provided for Science and sissippi, project, and $5,232,000 is for oper- the development of 1 or more new crossing Technology to support a program to be man- ation and maintenance of the Yazoo Basin, corridors, taking into account the environ- aged by the Carlsbad office of the Depart- Granada, Mississippi, project’’. mental impact associated with the develop- ment of Energy, in coordination with the ment of 1 or more new crossing corridors; U.S.-Mexico Border Health Commission, to DOMENICI AMENDMENTS NOS. 4076– and apply and demonstrate technologies to re- 4079 (5) analyze the cost of maintaining and im- duce hazardous waste streams that threaten proving the bridge across the canal in the public health and environmental security in (Ordered to lie on the table.) Route 13 corridor as compared with the cost order to advance the potential for commer- Mr. DOMENICI submitted four of demolition of the bridge and the develop- cialization of technologies relevant to the amendments intended to be proposed ment of 1 or more new crossing corridors, Department’s clean-up mission: Provided fur- by him to the bill (H.R. 4733) supra; as within the timeframe established under ther, That $2,000,000 shall be made available follows: paragraph (2). from within the funds provided for Science AMENDMENT NO. 4076 and Technology to support a program to be BAUCUS (AND OTHERS) On page 83, before line 20, insert the fol- managed by the Carlsbad office of the De- AMENDMENT NO. 4081 partment of Energy to implement a program lowing new subsection: to support the Materials Corridor Partner- ‘‘(c) The limitation in subsection (a) shall Mr. DASCHLE (for Mr. BAUCUS (for ship Initiative.’’ not apply to reimbursement of management himself, Mr. DASCHLE, and Mr. JOHN- and operating contractor travel expenses SON)) proposed an amendment to the AMENDMENT NO. 4071 within the Laboratory Directed Research bill, H.R. 4733, supra; as follows: and Development program.’’ On page 61, line 25, add the following before On page 58, strike lines 6 through 13. the period: ‘‘: Provided further, That $2,300,000 of the funding provided herein shall be for AMENDMENT NO. 4077 the Albuquerque Metropolitan Area Water On page 93, line 18, strike ‘‘enactment’’ and ROTH (AND BIDEN) AMENDMENTS Reclamation and Reuse project authorized insert: ‘‘enactment, of which $2,000,000 shall NOS. 4082–4083 by Title XVI of Public Law 102–575 to under- be made available to the U.S. Army Corps of (Ordered to lie on the table.) take phase II of the project’’. Engineers to undertake immediate measures Mr. ROTH (for himself and Mr. to provide erosion control and sediment pro- BIDEN) submitted two amendments in- STEVENS AMENDMENTS NOS. 4072– tection to sewage lines, trails, and bridges in Pueblo and Los Alamos Canyons downstream tended to be proposed by them to the 4073 of Diamond Drive in New Mexico’’. bill, H.R. 4733, supra; as follows: (Ordered to lie on the table.) AMENDMENT NO. 4082 Mr. DOMENICI (for Mr. STEVENS) AMENDMENT NO. 7078 On page 58, between lines 13 and 14, insert submitted two amendments intended On page 82, line 24, strike ‘‘6’’ and replace the following: to be proposed by him to the bill (H.R. with ‘‘8’’. SEC. 1ll. SENSE OF THE SENATE CONCERNING 4733) supra; as follows: THE DREDGING OF THE MAIN CHAN- AMENDMENT NO. 4079 NEL OF THE DELAWARE RIVER. AMENDMENT NO. 4072 It is the sense of the Senate that— On page 67, line 4, after the word ‘‘Fund:’’ On page 73, line 22, strike everything after the word ‘‘until’’ through page 74, line 3, and (1) the Corps of Engineers should continue insert the following: ‘‘Provided, That, replace with ‘‘expended.’’ to negotiate in good faith with the State of $1,000,000 shall be made available for the Delaware to address outstanding environ- Kotzebue wind project.’’ mental permitting concerns relating to the ROTH (AND BIDEN) AMENDMENT project for navigation, Delaware River AMENDMENT NO. 4073 NO. 4080 Mainstem and Channel Deepening, Delaware, On page 67, line 4 after the word ‘‘Fund:’’ (Ordered to lie on the table.) New Jersey, and Pennsylvania, authorized by insert the following: ‘‘Provided, That, section 101(6) of the Water Resources Devel- $2,000,000 shall be made available for the de- Mr. ROTH (for himself and Mr. opment Act of 1992 (106 Stat. 4802) and modi- sign and construction of a demonstration fa- BIDEN) submitted an amendment in- fied by section 308 of the Water Resources cility for regional biomass ethanol manufac- tended to be proposed by them to the Development Act of 1999 (113 Stat. 300); and turing in Southeast Alaska.’’ bill, H.R. 4733, supra; as follows: (2) the Corps of Engineers and the State of On page 53, line 8, before the colon, insert Delaware should resolve their differences ABRAHAM AMENDMENT NO. 4074 the following: ‘‘; and of which $50,000 shall be through a legally enforceable agreement in used to carry out the feasibility study de- an effort to safeguard the natural resources (Ordered to lie on the table.) scribed in section 1ll’’. of the State of Delaware. Mr. DOMENICI (for Mr. ABRAHAM) On page 58, between lines 13 and 14, insert submitted an amendment intended to the following: AMENDMENT NO. 4083 be proposed by him to the bill (H.R. SEC. 1ll. DELAWARE RIVER TO CHESAPEAKE On page 58, between lines 13 and 14, insert 4733) supra; as follows: BAY, DELAWARE AND MARYLAND. the following: On page 67, line 4, after the word ‘‘Fund:’’ (a) IN GENERAL.—The Secretary of the SEC. ll. ST. GEORGES BRIDGE, DELAWARE. insert the following: ‘‘Provided, That, $500,000 Army, in cooperation with the Department None of the funds made available by this shall be made available for the bioreactor of Transportation of the State of Delaware, Act may be used to carry out any activity landfill project to be administered by the shall conduct a study to determine the feasi- relating to closure or removal of the St.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17123 Georges Bridge across the Chesapeake and the budget for fiscal year 2001 (House Con- States Code, shall be submitted in separate Delaware Canal, Delaware, including a hear- current Resolution 290, 106th Congress), then budget documents. ing or any other activity relating to prepara- there is hereby appropriated into the ac- SEC. ll07. REPORTS TO CONGRESS. tion of an environmental impact statement count on the later of the date of enactment (a) REPORTS OF THE SECRETARY OF THE concerning the closure or removal. of this Act or the date upon which the Con- TREASURY.—(1) Within 30 days after the ap- gressional Budget Office submits such re- propriation is deposited into the Public Debt ALLARD (AND OTHERS) port, out of any money in the Treasury not Reduction Payment Account under section AMENDMENTS NOS. 4084–85 otherwise appropriated, for the fiscal year 3114 of title 31, United States Code, the Sec- ending September 30, 2000, an amount equal retary of the Treasury shall submit a report (Ordered to lie on the table.) to that excess. The funds appropriated to to Congress confirming that such account Mr. ALLARD (for himself, Mr. this account shall remain available until ex- has been established and the amount and VOINOVICH, and Mr. GRAMS) submitted pended. date of such deposit. Such report shall also two amendments intended to be pro- ‘‘(d) The appropriation made under sub- include a description of the Secretary’s plan posed by them to the bill, H.R. 4733, section (c) shall not be considered direct for using such money to reduce debt held by supra; as follows: spending for purposes of section 252 of Bal- the public. anced Budget and Emergency Deficit Control (2) Not later than October 31, 2000, and Oc- AMENDMENT NO. 4084 Act of 1985. tober 31, 2001, the Secretary of the Treasury At the end of the bill, insert the following: ‘‘(e) Establishment of and appropriations shall submit a report to Congress setting TITLEll—DEBT REDUCTION ACT OF 2000 to the account shall not affect trust fund forth the amount of money deposited into transfers that may be authorized under any SEC. ll01. SHORT TITLE. the Public Debt Reduction Payment Ac- other provision of law. This title may be cited as the ‘‘Debt Re- count, the amount of debt held by the public ‘‘(f) The Secretary of the Treasury and the duction Act of 2000’’. that was reduced, and a description of the Director of the Office of Management and SEC. ll02. FINDINGS AND PURPOSE. actual debt instruments that were redeemed Budget shall each take such actions as may with such money. (a) FINDINGS.—The Congress finds that— be necessary to promptly carry out this sec- (b) REPORT OF THE COMPTROLLER GENERAL (1) fiscal discipline, resulting from the Bal- tion in accordance with sound debt manage- OF THE UNITED STATES.—Not later than No- anced Budget Act of 1997, and strong eco- ment policies. vember 15, 2001, the Comptroller General of nomic growth have ended decades of deficit ‘‘(g) Reducing the debt pursuant to this the United States shall submit a report to spending and have produced budget surpluses section shall not interfere with the debt Congress verifying all of the information set without using the social security surplus; management policies or goals of the Sec- forth in the reports submitted under sub- (2) fiscal pressures will mount in the future retary of the Treasury.’’. section (a). as the aging of the population increases (b) CONFORMING AMENDMENT.—The chapter budget obligations; analysis for chapter 31 of title 31, United AMENDMENT NO. 4085 (3) until Congress and the President agree States Code, is amended by inserting after At the appropriate place, insert: to legislation that strengthens social secu- the item relating to section 3113 the fol- rity, the social security surplus should be lowing: DEPARTMENT OF THE TREASURY used to reduce the debt held by the public; ‘‘3114. Public debt reduction payment ac- BUREAU OF THE PUBLIC DEBT (4) strengthening the Government’s fiscal count.’’. SUPPLEMENTAL APPROPRIATION FOR FISCAL position through public debt reduction in- YEAR 2001 creases national savings, promotes economic SEC. ll04. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT. growth, reduces interest costs, and is a con- GIFTS TO THE UNITED STATES FOR REDUCTION Section 3101(b) of title 31, United States structive way to prepare for the Govern- OF THE PUBLIC DEBT Code, is amended by inserting ‘‘minus the ment’s future budget obligations; and For deposit of an additional amount for fis- amount appropriated into the Public Debt (5) it is fiscally responsible and in the long- cal year 2001 into the account established Reduction Payment Account pursuant to term national economic interest to use an under section 3113(d) of title 31, United section 3114(c)’’ after ‘‘$5,950,000,000,000’’. additional portion of the nonsocial security States Code, to reduce the public debt, surplus to reduce the debt held by the public. SEC. ll05. OFF-BUDGET STATUS OF PUBLIC $5,000,000,000. DEBT REDUCTION PAYMENT AC- (b) PURPOSE.—It is the purpose of this title COUNT. to— Notwithstanding any other provision of ALLARD AMENDMENT NO. 4086 (1) reduce the debt held by the public with law, the receipts and disbursements of the the goal of eliminating this debt by 2013; and (Ordered to lie on the table.) Public Debt Reduction Payment Account es- (2) decrease the statutory limit on the pub- Mr. ALLARD submitted an amend- tablished by section 3114 of title 31, United lic debt. ment intended to be proposed by him States Code, shall not be counted as new SEC. ll03. ESTABLISHMENT OF PUBLIC DEBT budget authority, outlays, receipts, or def- to the bill, H.R. 4733, supra; as follows: REDUCTION PAYMENT ACCOUNT. icit or surplus for purposes of— On page 66, between lines 11 and 12, insert (a) IN GENERAL.—Subchapter I of chapter (1) the budget of the United States Govern- the following: 31 of title 31, United States Code, is amended ment as submitted by the President, SEC. 2ll. USE OF COLORADO-BIG THOMPSON by adding at the end the following new sec- (2) the congressional budget, or PROJECT FACILITIES FOR NON- tion: (3) the Balanced Budget and Emergency PROJECT WATER. ‘‘§ 3114. Public debt reduction payment ac- Deficit Control Act of 1985. The Secretary of the Interior may enter count SEC. ll06. REMOVING PUBLIC DEBT REDUC- into contracts with the city of Loveland, ‘‘(a) There is established in the Treasury of TION PAYMENT ACCOUNT FROM Colorado, or its Water and Power Depart- the United States an account to be known as BUDGET PRONOUNCEMENTS. ment or any other agency, public utility, or the Public Debt Reduction Payment Account (a) IN GENERAL.—Any official statement enterprise of the city, providing for the use (hereinafter in this section referred to as the issued by the Office of Management and of facilities of the Colorado-Big Thompson ‘account’). Budget, the Congressional Budget Office, or Project, Colorado, under the Act of February ‘‘(b) The Secretary of the Treasury shall any other agency or instrumentality of the 21, 1911 (43 U.S.C. 523), for— use amounts in the account to pay at matu- Federal Government of surplus or deficit to- (1) the impounding, storage, and carriage rity, or to redeem or buy before maturity, tals of the budget of the United States Gov- of nonproject water originating on the east- any obligation of the Government held by ernment as submitted by the President or of ern slope of the Rocky Mountains for domes- the public and included in the public debt. the surplus or deficit totals of the congres- tic, municipal, industrial, and other bene- Any obligation which is paid, redeemed, or sional budget, and any description of, or ref- ficial purposes; and bought with amounts from the account shall erence to, such totals in any official publica- (2) the exchange of water originating on be canceled and retired and may not be re- tion or material issued by either of such Of- the eastern slope of the Rocky Mountains for issued. Amounts deposited in the account are fices or any other such agency or instrumen- the purposes specified in paragraph (1), using appropriated and may only be expended to tality, shall exclude the outlays and receipts facilities associated with the Colorado-Big carry out this section. of the Public Debt Reduction Payment Ac- Thompson Project, Colorado. ‘‘(c) If the Congressional Budget Office es- count established by section 3114 of title 31, timates an on-budget surplus for fiscal year United States Code. THOMAS AMENDMENT NO. 4087 2000 in the report submitted pursuant to sec- (b) SEPARATE PUBLIC DEBT REDUCTION PAY- tion 202(e)(2) of the Congressional Budget MENT ACCOUNT BUDGET DOCUMENTS.—The ex- (Ordered to lie on the table.) Act of 1974 in excess of the amount of the cluded outlays and receipts of the Public Mr. THOMAS submitted an amend- surplus set forth for that fiscal year in sec- Debt Reduction Payment Account estab- ment intended to be proposed by him tion 101(4) of the concurrent resolution on lished by section 3114 of title 31, United to the bill, H.R. 4733, supra; as follows:

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.002 S06SE0 17124 CONGRESSIONAL RECORD—SENATE September 6, 2000 At the appropriate place in the bill, insert shall be used to undertake the Hay Creek, Mississippi River levees: Provided further, the following new section and renumber any Roseau County, Minnesota Flood Control That of the amounts made available under remaining sections accordingly: Project under Section 206 funding. The fund- this heading for operation and maintenance, SEC. . AMENDMENT TO IRRIGATION PROJECT ing for the project would be offset by in- there shall be provided $7,242,000 for CONTRACT EXTENSION ACT OF 1998. creasing the savings and slippage applied to Arkabutla Lake, $4,376,000 for Enid Lake, Section 2 of the Irrigation Project Con- the FY2001 Construction, General account $5,732,000 for Grenada Lake, $7,680,000 for Sar- tract Extension Act of 1998, Pub. L. No. 105– from $lll to $lll. The proposed amend- dis Lake’’ 293, is amended by: ment would have no affect on outlays.’’ On page 67, line 19, strike ‘‘$309,141,000’’ and (a) striking the date ‘‘December 31, 2000’’ in insert ‘‘$304,241,000’’ On page 68, line 14, strike ‘‘$2,870,112,000’’ subsection (a) and inserting in lieu thereof REED AMENDMENTS NOS. 4092–4093 the date ‘‘December 31, 2003.’’; and and insert ‘‘$2,854,435,000’’ (b) striking subsection (b) in its entirety (Ordered to lie on the table.) On page 70, line 19, strike ‘‘210,128,000’’ and and renumbering the remaining subsections Mr. REED submitted two amend- insert ‘‘$205,228,000’’ accordingly. ments intended to be proposed by him to the bill, H.R. 4733, supra; as follows: DORGAN (AND CONRAD) AMENDMENTS NOS. 4097–4098 SMITH OF OREGON (AND CRAIG) AMENDMENT NO. 4092 AMENDMENT NO. 4088 On page 47, line 18, before the period, insert (Ordered to lie on the table.) Mr. DORGAN (for himself and Mr. (Ordered to lie on the table.) the following: ‘‘, of which not less than CONRAD) submitted two amendments Mr. SMITH of Oregon (for himself $1,500,000 shall be available for the conduct of activities related to the selection, by the intended to be proposed by them to the and Mr. CRAIG) submitted an amend- Secretary of the Army in cooperation with bill, H.R. 4733, supra; as follows: ment intended to be proposed by them the Environmental Protection Agency, of a AMENDMENT NO. 4097 to the bill, H.R. 4733, supra; as follows: permanent disposal site for environmentally On page 61, line 11, after the colon, insert sound dredged material from navigational On page 66, between lines 11 and 12 insert: the following: ‘‘Provided further, That the dredging projects in the State of Rhode Is- SEC. . The Secretary of the Interior is au- Secretary shall use up to $75,000 of the funds land’’. thorized and directed to use not to exceed provided under this heading to conduct a $1,000,000 of the funds appropriated under study of the Oakes Test Area, North Dakota, title II to refund amounts received by the AMENDMENT NO. 4093 to determine modifications or additional fa- United States as payments for charges as- On page 53, line 8, strike ‘‘facilities:’’ and cilities that will reduce the costs of oper- sessed by the Secretary prior to January 1, insert the following: ‘‘facilities, and of which ating the facilities and improve the reli- 1994 for failure to file certain certification or $500,000 shall be available for maintenance ability of the water supply in anticipation of reporting forms prior to the receipt of irriga- and repair of the Sakonnet Harbor break- a future transfer of the facilities from the tion water, pursuant to sections 206 and water in Little Compton, Rhode Island:’’. Federal Government to a non-Federal inter- 224(c) of the Reclamation Reform Act of 1982 est:’’. (96 Stat. 1226, 1272; 43 U.S.C. 390ff, 390ww(c)), GORTON AMENDMENT NO. 4094 including the amount of associated interest AMENDMENT NO. 4098 assessed by the Secretary and paid to the (Ordered to lie on the table.) On page 77, at the beginning of line 26, in- United States pursuant to section 224(i) of Mr. GORTON submitted an amend- sert the following: ‘‘Provided further, That the Reclamation Reform Act of 1982 101 Stat. ment intended to be proposed by him any amount spent on studies to enhance the 1330–268; 43 U.S.C. 390ww(i)). to the bill, H.R. 4733, supra; as follows: transmission capability and transfer capac- SEC. . The Secretary may accept and ex- ity of the transmission system and inter- CRAPO (AND OTHERS) pend funds contributed by port authorities connected systems of the Western Area AMENDMENT NO. 4089 to carry out work required by applicable en- Power Administration for the delivery of power shall be non-reimbursable:’’. (Ordered to lie on the table.) vironmental statutes, including the Endan- Mr. CRAPO (for himself, Mr. CRAIG, gered Species Act of 1973 (16 U.S.C. 1531, et seq.). DOMENICI AMENDMENT NO. 4099 and Mr. BAUCUS) submitted an amend- ment intended to be proposed by him (Ordered to lie on the table.) to the bill, H.R. 4733, supra; as follows: DODD AMENDMENT NO. 4095 Mr. DOMENICI submitted an amend- On page 68, line 15, strike ‘‘expended:’’ and (Ordered to lie on the table.) ment intended to be proposed by him insert ‘‘expended, of which $500,000 shall be Mr. DODD submitted an amendment to the bill, H.R. 4733, supra; as follows: available for participation by the Idaho Na- intended to be proposed by him to the On page 97, between lines 14 and 15, insert tional Engineering and Environmental Lab- bill, H.R. 4733, supra; as follows: the following: oratory in the Greater Yellowstone Energy TITLE ll—NUCLEAR REGULATORY On page 90, between lines 6 and 7, insert and Transportation Systems Study:’’. COMMISSION the following: Subtitle A—Funding SEC. 3 . AVAILABILITY OF UNOBLIGATED BAL- GRAMS (AND WELLSTONE) ANCES. SEC. ll01. NUCLEAR REGULATORY COMMISSION AMENDMENTS NOS. 4090–4091 Of the unobligated balances of funds appro- ANNUAL CHARGES. Section 6101 of the Omnibus Budget Rec- priated under the heading ‘‘ENERGY SUPPLY, (Ordered to lie on the table.) onciliation Act of 1990 (42 U.S.C. 2214) is Mr. GRAMS (for himself and Mr. RESEARCH AND DEVELOPMENT ACTIVITIES’’ in the Energy and Water Development Appro- amended— WELLSTONE) submitted two amend- priations Act, 1993 (106 Stat. 1332), and prior (1) in subsection (a)(3), by striking ‘‘Sep- ments intended to be proposed by them Energy and Water Development Appropria- tember 30, 1999’’ and inserting ‘‘September to the bill, H.R. 4733, supra; as follows: tions Acts, $7,900,000 shall be made available 20, 2005’’; and (2) in subsection (c)— AMENDMENT NO. 4090 for the University of Connecticut. (A) in paragraph (1), by inserting ‘‘or cer- On page 52, line 2, insert the following be- tificate holder’’ after ‘‘licensee’’; and fore the period: ‘‘Provided further, That COCHRAN AMENDMENT NO. 4096 (B) by striking paragraph (2) and inserting $1,000,000 of the funding appropriated herein the following: shall be used to undertake the Red Lake (Ordered to lie on the table.) Mr. COCHRAN submitted an amend- ‘‘(2) AGGREGATE AMOUNT OF CHARGES.— River Flood Control Project at Crookston, ‘‘(A) IN GENERAL.—The aggregate amount Minnesota. The funding for the project would ment intended to be proposed by him of the annual charges collected from all li- be offset by increasing the savings and slip- to the bill, H.R. 4733, supra; as follows: censees and certificate holders in a fiscal page applied to the FY2001 Construction, On page 52, line 10, strike ‘‘$324,450,000’’ and year shall equal an amount that approxi- General account from $lll to $lll. The insert ‘‘$344,044,000’’ mates the percentages of the budget author- proposed amendment would have no affect on On page 52, line 15, before the period insert ity of the Commission for the fiscal year outlays.’’ ‘‘: Provided further, That of the amounts stated in subparagraph (B), less— made available under this heading for con- ‘‘(i) amounts collected under subsection (b) AMENDMENT NO. 4091 struction, there shall be provided $15,000,000 during the fiscal year; and On page 52, line 2, insert the following be- for the Demonstration Erosion Control Pro- ‘‘(ii) amounts appropriated to the Commis- fore the period: ‘‘Provided further, That gram and $375,000 for Tributaries in the sion from the Nuclear Waste Fund for the $500,000 of the funding appropriated herein Yazoo Basin of Mississippi; $48,647,000 for the fiscal year.

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‘‘(B) PERCENTAGES.—The percentages re- ‘‘(2) accept, hold, utilize, and administer ‘‘(B) in the enforcement of— ferred to in subparagraph (A) are— gifts of real and personal property (not in- ‘‘(i) a law regarding the property of the ‘‘(i) 98 percent for fiscal year 2002; cluding money) for the purpose of aiding or United States in the custody of the Depart- ‘‘(ii) 96 percent for fiscal year 2003; facilitating the work of the Nuclear Regu- ment of Energy, the Nuclear Regulatory ‘‘(iii) 94 percent for fiscal year 2004; latory Commission.’’. Commission, or a contractor of the Depart- ‘‘(iv) 92 percent for fiscal year 2005; and (b) CRITERIA FOR ACCEPTANCE OF GIFTS.— ment of Energy or Nuclear Regulatory Com- ‘‘(v) 88 percent for fiscal year 2006.’’. (1) IN GENERAL.—Chapter 14 of title I of the mission or a licensee or certificate holder of SEC. ll02. NUCLEAR REGULATORY COMMISSION Atomic Energy Act of 1954 (42 U.S.C. 2201 et the Commission; AUTHORITY OVER FORMER LICENS- seq.) is amended by adding at the end the fol- ‘‘(ii) a law applicable to facilities owned or EES FOR DECOMMISSIONING FUND- lowing: operated by a Commission licensee or certifi- ING. ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF cate holder that are designated by the Com- Section 161i. of the Atomic Energy Act of GIFTS. mission under section 161k.; 1954 (42 U.S.C. 2201(i)) is amended— ‘‘(a) IN GENERAL.—The Commission shall ‘‘(iii) a law applicable to property of sig- (1) by striking ‘‘and (3)’’ and inserting establish written criteria for determining nificance to the common defense and secu- ‘‘(3)’’; and whether to accept gifts under section rity that is in the custody of a licensee or (2) by inserting before the semicolon at the 161g.(2). certificate holder or a contractor of a li- end the following: ‘‘, and (4) to ensure that ‘‘(b) CONSIDERATIONS.—The criteria under censee or certificate holder of the Commis- sufficient funds will be available for the de- subsection (a) shall take into consideration sion; or commissioning of any production or utiliza- whether the acceptance of the gift would ‘‘(iv) any provision of this Act that sub- tion facility licensed under section 103 or compromise the integrity of, or the appear- jects an offender to a fine, imprisonment, or 104b., including standards and restrictions ance of the integrity of, the Commission or both. governing the control, maintenance, use, and any officer or employee of the Commission.’’. ‘‘(3) OTHER AUTHORITY.—The arrest author- disbursement by any former licensee under (2) CONFORMING AND TECHNICAL AMEND- ity conferred by this section is in addition to this Act that has control over any fund for MENTS.—The table of contents of chapter 14 any arrest authority under other law. the decommissioning of the facility’’. of title I of the Atomic Energy Act of 1954 (42 ‘‘(4) GUIDELINES.—The Secretary and the SEC. ll03. COST RECOVERY FROM GOVERN- U.S.C. prec. 2011) is amended by adding at Commission, with the approval of the Attor- MENT AGENCIES. the end the following: ney General, shall issue guidelines to imple- Section 161w. of the Atomic Energy Act of ‘‘Sec. 170C. Criteria for acceptance of ment section 161k. and this subsection.’’. 1954 (42 U.S.C. 2201(w)) is amended— gifts.’’. (b) CONFORMING AND TECHNICAL AMEND- (1) by striking ‘‘, or which operates any fa- SEC. ll15. CARRYING OF FIREARMS BY LI- MENTS.—The table of contents of chapter 14 cility regulated or certified under section CENSEE EMPLOYEES. of title I of the Atomic Energy Act of 1954 (42 1701 or 1702,’’; (a) IN GENERAL.—Chapter 14 of title I of the U.S.C. prec. 2011) (as amended by section (2) by striking ‘‘483a’’ and inserting ‘‘9701’’; Atomic Energy Act of 1954 (42 U.S.C. 2201 et ll14(b)(2)) is amended by adding at the end and seq.) (as amended by section ll14(b)(1)) is the following: (3) by inserting before the period at the end amended— ‘‘Sec. 170D. Carrying of firearms.’’. the following: ‘‘, and, commencing October 1, (1) in section 161, by striking subsection k. SEC. ll16. UNAUTHORIZED INTRODUCTION OF 2000, prescribe and collect from any other and inserting the following: DANGEROUS WEAPONS. Government agency any fee, charge, or price ‘‘(k) authorize to carry a firearm in the Section 229a. of the Atomic Energy Act of that the Commission may require in accord- performance of official duties such of its 1954 (42 U.S.C. 2278a(a)) is amended in the ance with section 9701 of title 31, United members, officers, and employees, such of first sentence by inserting ‘‘or subject to the States Code, or any other law’’. the employees of its contractors and sub- licensing authority of the Commission or to contractors (at any tier) engaged in the pro- Subtitle B—Other Provisions certification by the Commission under this tection of property under the jurisdiction of SEC. ll11. OFFICE LOCATION. Act or any other Act’’ before the period at the United States located at facilities owned the end. Section 23 of the Atomic Energy Act of by or contracted to the United States or 1954 (42 U.S.C. 2033) is amended by striking ‘‘; being transported to or from such facilities, SEC. ll17. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. however, the Commission shall maintain an and such of the employees of persons li- office for the service of process and papers censed or certified by the Commission (in- Section 236a. of the Atomic Energy Act of within the District of Columbia’’. cluding employees of contractors of licensees 1954 (42 U.S.C. 2284(a)) is amended— SEC. ll12. LICENSE PERIOD. or certificate holders) engaged in the protec- (1) in paragraph (2), by striking ‘‘storage Section 103c. of the Atomic Energy Act of tion of facilities owned or operated by a facility’’ and inserting ‘‘storage, treatment, 1954 (42 U.S.C. 2133(c)) is amended— Commission licensee or certificate holder or disposal facility’’; (1) by striking ‘‘c. Each such’’ and insert- that are designated by the Commission or in (2) in paragraph (3)— ing the following: the protection of property of significance to (A) by striking ‘‘such a utilization facil- ‘‘c. LICENSE PERIOD.— the common defense and security located at ity’’ and inserting ‘‘a utilization facility li- ‘‘(1) IN GENERAL.—Each such’’; and facilities owned or operated by a Commis- censed under this Act’’; and (2) by adding at the end the following: sion licensee or certificate holder or being (B) by striking ‘‘or’’ at the end; ‘‘(2) COMBINED LICENSES.—In the case of a transported to or from such facilities, as the (3) in paragraph (4)— combined construction and operating license Commission considers necessary in the inter- (A) by striking ‘‘facility licensed’’ and in- issued under section 185(b), the initial dura- est of the common defense and security;’’ serting ‘‘or nuclear fuel fabrication facility tion of the license may not exceed 40 years and licensed or certified’’; and from the date on which the Commission (2) by adding at the end the following: (B) by striking the period at the end and inserting ‘‘; or’’; and finds, before operation of the facility, that ‘‘SEC. 170D. CARRYING OF FIREARMS. (4) by adding at the end the following: the acceptance criteria required by section ‘‘(a) AUTHORITY TO MAKE ARREST.— ‘‘(5) any production, utilization, waste 185(b) are met.’’. ‘‘(1) IN GENERAL.—A person authorized storage, waste treatment, waste disposal, SEC. ll13. ELIMINATION OF NRC ANTITRUST under section 161k. to carry a firearm may, uranium enrichment, or nuclear fuel fabrica- REVIEWS. while in the performance of, and in connec- tion facility subject to licensing or certifi- Section 105 of the Atomic Energy Act of tion with, official duties, arrest an indi- cation under this Act during construction of 1954 (42 U.S.C. 2135) is amended by adding at vidual without a warrant for any offense the facility, if the person knows or reason- the end the following: against the United States committed in the ably should know that there is a significant ‘‘(d) APPLICABILITY.—Subsection (c) shall presence of the person or for any felony possibility that the destruction or damage not apply to an application for a license to under the laws of the United States if the caused or attempted to be caused could ad- construct or operate a utilization facility person has a reasonable ground to believe versely affect public health and safety dur- under section 103 or 104(b) that is pending on that the individual has committed or is com- ing the operation of the facility.’’ or that is filed on or after the date of enact- mitting such a felony. ment of this subsection.’’. ‘‘(2) LIMITATION.—An employee of a con- SEC. ll14. GIFT ACCEPTANCE AUTHORITY. tractor or subcontractor or of a Commission BOXER AMENDMENT NO. 4100 (a) IN GENERAL.—Section 161g. of the licensee or certificate holder (or a contractor (Ordered to lie on the table.) Atomic Energy Act of 1954 (42 U.S.C. 2201(g)) of a licensee or certificate holder) authorized Mrs. BOXER submitted an amend- is amended— to make an arrest under paragraph (1) may (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; make an arrest only— ment intended to be proposed by her to (2) by striking ‘‘this Act;’’ and inserting ‘‘(A) when the individual is within, or is in the bill, H.R. 4733, supra; as follows: ‘‘this Act; or’’; and flight directly from, the area in which the of- On page 97, between lines 12 and 13, insert (3) by adding at the end the following: fense was committed; and the following:

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.003 S06SE0 17126 CONGRESSIONAL RECORD—SENATE September 6, 2000 SEC. 7ll. REPORT TO CONGRESS ON ELEC- BAUCUS AMENDMENTS NOS. 4102– is amended by adding at the ending the fol- TRICITY PRICES. 4104 lowing: (a) FINDINGS.—Congress finds that— ‘‘(3) Any person who violates any such reg- (1) California is currently experiencing an (Ordered to lie on the table.) ulation shall be fined under title 18, United energy crisis; Mr. BAUCUS submitted three amend- States Code, imprisoned not more than 6 (2) rolling power outages are a serious pos- ments intended to be proposed by him months, or both. Any person charged with a sibility; to the bill, H.R. 4733, supra; as follows: violation of such a regulation may be tried (3) wholesale electricity prices have AMENDMENT NO. 4102 and sentenced by any United States mag- soared, resulting in electrical bills that have On page 66, between lines 11 and 12, insert istrate judge designated for that purpose by increased as much as 300 percent in the San the following: the court by which the magistrate was ap- Diego area; SEC. 2ll. RECREATION DEVELOPMENT, BUREAU pointed, in the same manner and subject to (4) small business owners and people on OF RECLAMATION, MONTANA the same conditions and limitations as pro- small or fixed incomes, especially senior citi- PROJECTS. vided for in section 3401 of title 18, United zens, are particularly suffering; (a) IN GENERAL.—To provide a greater level States Code. (5) the crisis is so severe that the County of recreation management activities on rec- ‘‘(4) The Secretary may— of San Diego recently declared a financial lamation project land and water areas within ‘‘(A) authorize law enforcement personnel state of emergency; and the State of Montana east of the Continental from the Department of the Interior to act (6) the staff of the Federal Energy Regu- Divide (including the portion of the as law enforcement officers to maintain law latory Commission (referred to in this sec- Yellowtail Unit of the Pick-Sloan Project lo- and order and protect persons and property tion as the ‘‘Commission’’) is currently in- cated in Wyoming) necessary to meet the on Reclamation land within the State of vestigating the crisis and is compiling a re- changing needs and expectations of the pub- Montana east of the Continental Divide, in- port to be presented to the Commission not lic, the Secretary of the Interior may— cluding the portion of the Yellowtail Unit of later than November 1, 2000. (1) investigate, plan, construct, operate, the Pick-Sloan Project located in Wyoming; (b) REPORT.— and maintain public recreational facilities ‘‘(B) authorize law enforcement personnel (1) IN GENERAL.—The Commission shall— on land withdrawn or acquired for the of any other Federal agency that has law en- (A) continue the investigation into the projects; forcement authority (with the exception of cause of the summer price spike described in (2) conserve the scenery, the natural, his- the Department of Defense) or law enforce- subsection (a); and toric, paleontologic, and archaeologic ob- ment personnel of any State or local govern- (B) not later than December 1, 2000, submit jects, and the wildlife on the land; ment, including an Indian tribe, when the to Congress a report on the results of the in- (3) provide for public use and enjoyment of Secretary determines it to be economical vestigation. the land and of the water areas created by a and in the public interest, and with the con- (2) CONTENTS.—The report shall include— project by such means as are consistent with currence of that agency or the State or local (A) data obtained from a hearing held by but subordinate to the purposes of the government, to act as law enforcement offi- the Commission in San Diego; project; and cers on Reclamation land within the State of (B) identification of the causes of the San (4) investigate, plan, construct, operate, Montana east of the Continental Divide, in- Diego price increases; and maintain facilities for the conservation cluding the portion of the Yellowtail Unit of (C) a determination whether California of fish and wildlife resources. the Pick-Sloan Project located in Wyoming, wholesale electricity markets are competi- (b) COSTS.—The costs (including operation with such enforcement powers as may be so tive; and maintenance costs) of carrying out sub- assigned to the officers by the Secretary to (D) a recommendation whether a regional section (a) shall be nonreimbursable and carry out the regulations promulgated by price cap should be set in the Western nonreturnable under Federal reclamation the Commissioner of Reclamation; law. States; ‘‘(C) cooperate with the States of Montana (E) a determination whether manipulation and Wyoming or units of local government of AMENDMENT NO. 4103 of prices has occurred at the wholesale level; the States, including an Indian tribe, in the On page 66, between lines 11 and 12, insert and enforcement of laws or ordinances of the the following: (F) a determination of the remedies, in- State or unit of local government; and cluding legislation or regulations, that are SEC. 2ll. CANYON FERRY RESERVOIR, MON- ‘‘(D) provide reimbursement to the State TANA. necessary to correct the problem and prevent or local government, including an Indian (a) APPRAISALS.—Section 1004(c)(2)(B) of similar incidents in California and elsewhere title X of division C of the Omnibus Consoli- tribe, for expenditures incurred in connec- in the United States. dated and Emergency Supplemental Appro- tion with activities under subparagraph (B). priations Act, 1999 (112 Stat. 2681–713; 113 ‘‘(5) An officer or employee designated or Stat. 1501A–307) is amended— authorized by the Secretary under paragraph HARKIN (AND OTHERS) (1) in clause (i), by striking ‘‘be based on’’ (4) may— AMENDMENT NO. 4101 and inserting ‘‘use’’; ‘‘(A)(i) carry firearms on Reclamation land (2) in clause (vi), by striking ‘‘Notwith- within the State of Montana east of the Con- (Ordered to lie on the table.) standing any other provision of law,’’ and in- tinental Divide, including the portion of the Mr. HARKIN (for himself, Mr. REID, serting ‘‘To the extent consistent with the Yellowtail Unit of the Pick-Sloan Project lo- and Mr. FEINGOLD) submitted an Uniform Appraisal Standards for Federal cated in Wyoming; and amendment intended to be proposed by Land Acquisition,’’; and ‘‘(ii) make arrests without warrants for them to the bill, H.R. 4733, supra; as (3) by adding at the end the following: any offense against the United States com- mitted in the officer’s or employee’s pres- follows: ‘‘(vii) APPLICABILITY.—This subparagraph shall apply to the extent that its application ence, or for any felony cognizable under the On page 90, between lines 6 and 7, insert is practicable and consistent with the Uni- laws of the United States if— the following: form Appraisal Standards for Federal Land ‘‘(I) the officer or employee has reasonable SEC. 320. (a) PROHIBITION ON USE OF FUNDS Acquisition.’’. grounds to believe that the person to be ar- FOR CONSTRUCTION OF NATIONAL IGNITION FA- (b) TIMING.—Section 1004(f)(2) of title X of rested has committed or is committing such CILITY.—Notwithstanding any other provi- division C of the Omnibus Consolidated and a felony; and sion of this Act, none of the funds appro- Emergency Supplemental Appropriations ‘‘(II) the arrests occur within the Reclama- priated or otherwise made available by this Act, 1999 (112 Stat. 2681–714; 113 Stat. 1501A– tion land or the person to be arrested is flee- Act may be obligated or expended for pur- 308) is amended by inserting after ‘‘Act,’’ the ing from the Reclamation land to avoid ar- poses of the construction of the National Ig- following: ‘‘in accordance with all applicable rest; nition Facility. law,’’. ‘‘(B) execute any warrant or other process (b) REDUCTION IN APPROPRIATIONS.—Not- (c) INTEREST.—Section 1008(b) of title X of issued by a court or officer of competent ju- withstanding any other provision of this Act, division C of the Omnibus Consolidated and risdiction for the enforcement of any Federal the amount appropriated by this title under Emergency Supplemental Appropriations law (including any regulation) issued pursu- ‘‘ATOMIC ENERGY DEFENSE ACTIVI- Act, 1999 (112 Stat. 2681–717; 113 Stat. 1501A– ant to law for an offense committed on Rec- TIES’’ under the heading ‘‘NATIONAL NU- 310) is amended by striking paragraph (4). lamation land within the State of Montana CLEAR SECURITY ADMINISTRATION’’ under the east of the Continental Divide, including the subheading ‘‘WEAPONS ACTIVITIES’’ is hereby AMENDMENT NO. 4104 portion of the Yellowtail Unit of the Pick- reduced by $74,100,000, with the amount of On page 66, between lines 11 and 12, insert Sloan Project located in Wyoming,; and the reduction allocated to amounts other- the following: ‘‘(C) conduct investigations of any offense wise available under that subheading for SEC. 2ll. BUREAU OF RECLAMATION. against the United States committed on Rec- construction of the National Ignition Facil- Section 2805(a) of Reclamation Recreation lamation land within the State of Montana ity. Management Act of 1992 (16 U.S.C. 460l–33(a)) east of the Continental Divide, including the

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.003 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17127 portion of the Yellowtail Unit of the Pick- the Missouri River Master Water Control cluded in October 1998 on the Framework for Sloan Project located in Wyoming, in the ab- Manual. Evaluating Bioaccumulation Test Results sence of investigation of the offense by any for Remediation of the Historic Area Reme- other Federal law enforcement agency hav- AMENDMENT NO. 4106 diation Site in accordance with the New ing investigative jurisdiction over the of- Strike section 103 and insert the following: York-New Jersey Harbor Estuary Program fense committed or with the concurrence of SEC. 103. None of the funds made available requirements, as required under the 1996 the other agency. in this Act may be used to make final revi- Comprehensive Conservation Management ‘‘(6)(A) Except as otherwise provided in sions to the Missouri River Master Water Plan. this paragraph, a law enforcement officer of Control Manual— SEC. 1ll. APPROPRIATION FOR ALTERNATIVE any State or local government, including an (a) during fiscal year 2001; NONOCEAN REMEDIATION SITES. Indian tribe, designated to act as a law en- (b) within six months of the release of the There is appropriated, out of any money in forcement officer under paragraph (4) shall draft environmental impact statement on the Treasury not otherwise appropriated, to not be deemed to be a Federal employee and the manual; and the Secretary of the Army for fiscal year shall not be subject to the laws relating to (c) when it is made known to the Federal 2001, an additional amount of $8,000,000 to Federal employment, including laws relating entity or official to which the funds are carry out a nonocean alternative remedi- to hours of work, rates of compensation, made available that the National Academy ation demonstration project for dredged ma- leave, unemployment compensation, and of Sciences has not completed its study, Mis- terial at the Historic Area Remediation Site. Federal benefits. souri River Basin: Improving the Scientific ‘‘(B) For the purposes of chapter 171 of title Basis for Adaptive Management, Project AMENDMENT NO. 4109 28, United States Code (commonly known as Identification Number: WSTB–U–99–06–A. On page 53, line 8, after ‘‘facilities’’, insert the ‘Federal Tort Claims Act’), a law en- the following: ‘‘, and of which not less than forcement officer of any State or local gov- AMENDMENT NO. 4107 $200,000 of funds made available for the Dela- ernment, including an Indian tribe, shall, Strike section 103 and insert the following: ware River, Philadelphia to the Sea, shall be when acting as a designated law enforcement made available for the Philadelphia District SEC. 103. None of the funds made available officer under paragraph (4) and while under in this Act may be used to make final revi- of the Corps of Engineers to establish a pro- Federal supervision and control, and only sions to the Missouri River Master Water gram to allow the direct marketing of when carrying out Federal law enforcement Control Manual— dredged material from the Delaware River responsibilities, be considered to be a Fed- (a) during fiscal year 2001; Deepening Project to public agencies and eral employee. (b) within six months of the release of the private entities’’. ‘‘(C) For the purposes of subchapter I of draft environmental impact statement on chapter 81 of title 5, United States Code, re- the manual; or TORRICELLI (AND OTHERS) lating to compensation to Federal employees (c) when it is made known to the Federal AMENDMENT NO. 4110 for work injuries, a law enforcement officer entity or official to which the funds are of any State or local government, including (Ordered to lie on the table.) made available that the National Academy Mr. TORRICELLI (for himself, Mr. an Indian tribe, shall, when acting as a des- of Sciences has not completed its study, Mis- ignated law enforcement officer under para- souri River Basin: Improving the Scientific LAUTENBERG, Mr. SCHUMER, Mr. MOY- graph (4) and while under Federal super- Basis for Adaptive Management, Project NIHAN, and Mr. DODD) submitted an vision and control, and only when carrying Identification Number: WSTB–U–99–06–A. amendment intended to be proposed by out Federal law enforcement responsibil- them to the bill, H.R. 4733, supra; as ities, be deemed to be a civil service em- follows: ployee of the United States within the mean- TORRICELLI AMENDMENTS NOS. ing of the term ‘employee’ as defined in sec- 4108–4109 At the appropriate place, insert the fol- tion 8101 of title 5, United States Code, and lowing: (Ordered to lie on the table.) SECTION 1. REDESIGNATION OF INTERSTATE the provisions of that subchapter shall Mr. TORRICELLI submitted two apply. Benefits under that subchapter shall SANITATION COMMISSION AND DIS- TRICT. be reduced by the amount of any entitlement amendments intended to be proposed (a) INTERSTATE SANITATION COMMISSION.— to State or local workers’ compensation ben- by him to the bill, H.R. 4733, supra; as follows: (1) IN GENERAL.—The district known as the efits arising out of the injury or death. ‘‘Interstate Sanitation Commission’’, estab- ‘‘(7) Nothing in any of paragraphs (3) AMENDMENT NO. 4108 lished by article III of the Tri-State Compact through (9) limits or restricts the investiga- On page 58, between lines 13 and 14, insert described in the Resolution entitled, ‘‘A tive jurisdiction of any Federal law enforce- the following: Joint Resolution granting the consent of ment agency, or affects any existing right of SEC. 1ll. HISTORIC AREA REMEDIATION SITE, Congress to the States of New York, New a State or local government, including an In- SANDY HOOK, NEW JERSEY. Jersey, and Connecticut to enter into a com- dian tribe, to exercise civil and criminal ju- (a) DEFINITIONS.—In this section: pact for the creation of the Interstate Sani- risdiction within a Reclamation project or (1) ADMINISTRATOR.—The term ‘‘Adminis- tation District and the establishment of the on Reclamation land. trator’’ means the Administrator of the En- Interstate Sanitation Commission’’, ap- ‘‘(8) The law enforcement authorities pro- vironmental Protection Agency. proved August 27, 1935 (49 Stat. 933), is redes- vided for in this subsection may be exercised (2) BACKGROUND AMBIENT CONTAMINATION ignated as the ‘‘Interstate Environmental only in accordance with rules and regula- LEVEL.—The term ‘‘background ambient con- Commission’’. tions promulgated by the Secretary and ap- tamination level’’ means the level of con- (2) REFERENCES.—Any reference in a law, proved by the Attorney General. tamination by a contaminant that is sub- regulation, map, document, paper, or other ‘‘(9) In this subsection, the term ‘law en- stantially equivalent to or less than the record of the United States to the Interstate forcement personnel’ means employees of a level of such contamination in biota and Sanitation Commission shall be deemed to Federal, State, or local government agency, sediments occurring naturally in the ocean be a reference to the Interstate Environ- including an Indian tribal agency, who have in areas that have never been affected by mental Commission. successfully completed law enforcement dumping. (b) INTERSTATE SANITATION DISTRICT.— training and are authorized to carry fire- (3) CONTAMINANT.—The term ‘‘contami- (1) IN GENERAL.—The district known as the arms, make arrests, and execute services of nant’’ means a substance that, as determined ‘‘Interstate Sanitation District’’, established process to enforce criminal laws of their em- by the Administrator, poses an unacceptable by article II of the Tri-State Compact de- ploying jurisdiction.’’. threat to human health or the environment. scribed in the Resolution entitled, ‘‘A Joint (4) HISTORIC AREA REMEDIATION SITE.—The Resolution granting the consent of Congress DURBIN AMENDMENTS NOS. 4105– term ‘‘Historic Area Remediation Site’’ to the States of New York, New Jersey, and 4107 means the dredged material disposal area lo- Connecticut to enter into a compact for the (Ordered to lie on the table.) cated east of Sandy Hook, New Jersey, and creation of the Interstate Sanitation Dis- Mr. DURBIN submitted three amend- described in section 228.15(d)(6) of title 40, trict and the establishment of the Interstate Code of Federal Regulations (as in effect on Sanitation Commission’’, approved August ments intended to be proposed by him July 1, 1999). 27, 1935 (49 Stat. 932), is redesignated as the to the bill, H.R. 4733, supra; as follows: (b) STANDARDS.— ‘‘Interstate Environmental District’’. AMENDMENT NO. 4105 (1) IN GENERAL.—Not later than January 1, (2) REFERENCES.—Any reference in a law, On page 58, strike lines 6 through 13 and in- 2001, the Administrator, in consultation with regulation, map, document, paper, or other sert the following: the Secretary of the Army, shall finalize and record of the United States to the Interstate SEC. 103. MISSOURI RIVER MASTER MANUAL. release for public review and comment the Sanitation District shall be deemed to be a None of the funds made available by this Environmental Protection Agency Region/ reference to the Interstate Environmental Act may be used to make final revisions to CENAN response to the peer review con- District.

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.003 S06SE0 17128 CONGRESSIONAL RECORD—SENATE September 6, 2000 STEVENS AMENDMENT NO. 4111 tional Forest System located in the AUTHORITY FOR COMMITTEES TO (Ordered to lie on the table.) State of Virginia as wilderness; S. 2956 MEET Mr. DOMENICI (for Mr. STEVENS) and its companion bill, H.R. 4275, a bill COMMITTEE ON ARMED SERVICES submitted an amendment intended to to establish the Colorado Canyons Na- Mr. GORTON. Mr. President, I ask be proposed by him to the bill, H.R. tional Conservation Area and the unanimous consent that the Com- 4733, supra; as follows: Black Ridge Canyons Wilderness, and mittee on Armed Services be author- On page 68, line 21 after the word ‘‘pro- for other purposes, and S. 2977, a bill to ized to meet during the session of the gram’’ insert the following: ‘‘; Provided fur- assist in the establishment of an inter- Senate on Wednesday, September 6, ther, That $12,500,000 of the funds appro- pretive center and museum in the vi- 2000 at 9:30 a.m., in open session to con- priated herein shall be available for Molec- cinity of the Diamond Valley Lake in sider the nominations of Lieutenant ular Nuclear Medicine.’’ southern California to ensure the pro- General Peter Pace, USMC for appoint- tection and interpretation of the pale- ment to the grade of general and to be DASCHLE AMENDMENTS NOS. 4112– ontology discoveries made at the lake commander-in-chief, United States 4113 and to develop a trail system for the Southern Command; Lieutenant Gen- (Ordered to lie on the table.) lake for use by pedestrians and non- eral Charles R. Holland, USAF for ap- Mr. DASCHLE submitted two amend- motorized vehicles. pointment to the grade of general and to be commander-in-chief, United ments intended to be proposed by him Those who wish to submit written to the bill (H.R. 4733), supra; as follows: States Special Operations Command; statements should write to the Com- and Major General Robert B. Flowers, AMENDMENT NO. 4112 mittee on Energy and Natural Re- USA for appointment to the grade of On page 47, line 18, before the period, insert sources, U.S. Senate, Washington, D.C. lieutenant general and to be the Chief the following: ‘‘, of which $200,000 shall be 20510. For further information, please made available to carry out section 447 of of Engineers, United States Army. the Water Resources Development Act of call Mike Menge at (202) 224–6170. The PRESIDING OFFICER. Without 1999 (113 Stat. 329)’’. SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC objection, it is so ordered. PRESERVATION, AND RECREATION COMMITTEE ON FINANCE AMENDMENT NO. 4113 Mr. GORTON. Mr. President, I ask On page 67, line 4, strike ‘‘Fund:’’ and in- Mr. THOMAS. Mr. President, I would unanimous consent that the Com- sert ‘‘Fund, and of which not less than like to announce for the information of mittee on Finance be authorized to $100,000 shall be made available to Western the Senate and the public that a hear- meet during the session of the Senate Biomass Energy LLC for an ethanol dem- ing has been scheduled before the Sub- on Wednesday, September 6, 2000, for onstration project:’’. committee on National Parks, Historic an Oversight Hearing on Upper Pay- f Preservation, and Recreation of the ment Limits: Federal Medicaid Spend- NOTICE OF HEARINGS Committee on Energy and Natural Re- ing for Non-Medicaid Purposes. sources. The purpose of this hearing is The PRESIDING OFFICER. Without COMMITTEE ON SMALL BUSINESS to receive testimony on S. 2749, a bill objection, it is so ordered. Mr. BOND. Mr. President, I wish to to establish the California Trail Inter- COMMITTEE ON FOREIGN RELATIVES announce that the Committee on Small pretive Center in Elko, Nevada, to fa- Mr. GORTON. Mr. President, I ask Business will hold a hearing entitled cilitate the interpretation of the his- unanimous consent that the Com- ‘‘Slotting Fees: Are Family Farmers tory of development and use of trails in mittee on Foreign Relations be author- Battling to Stay on the Farm and in the settling of the western portion of ized to meet during the session of the the Grocery Store?’’ The hearing will the United States; S. 2885, a bill to es- Senate on Wednesday, September 6, be held on Tuesday, September 14, 2000, tablish the Jamestown 400th Com- 2000, at 10:30 a.m. to hold a hearing. 1:00 p.m. 628 Dirksen Senate Office memoration Commission, and for other The PRESIDING OFFICER. Without Building. purposes; S. 2950, a bill to authorize the objection, it is so ordered. The hearing will be broadcast live Secretary of the interior to establish COMMITTEE ON INDIAN AFFAIRS over the Internet from our homepage the Sand Creek Massacre National His- Mr. GORTON. Mr. President, I ask address: http://www.senate.gov/sbc toric Site in the State of Colorado; S. unanimous that the Committee on In- For further information, please con- 2959, a bill to amend the Dayton Avia- dian Affairs be authorized to meet on tact David Bohley at 224–5175. tion Heritage Preservation Act of 1992, Wednesday, September 6, 2000 at 9:30 SUBCOMMITTEE ON FORESTS AND PUBLIC LAND and for other purposes; and S. 3000, a a.m. in room 485 of the Russell Senate MANAGEMENT bill to authorize the exchange of land Building to mark up S. 611, the Indian Mr. CRAIG. Mr. President, I would between the Secretary of the Interior Federal Recognition Administrative like to announce for the public that a and the Director of the Central Intel- Procedures Act and S. 2282, Native hearing has been scheduled before the ligence Agency at the George Wash- American Agricultural Research and Subcommittee on Forests and Public Export Enhancement Act of 2000 to be Land Management of the Committee ington Memorial Parkway in McLean, Virginia and for other purposes. followed by a hearing on S. 2580, a bill on Energy and Natural Resources. to provide for the issuance of bonds to The hearing will take place on The hearing will take place on Thurs- provide funding for construction of In- Wednesday, September 13, 2000 at 2:15 day, September 14, 2000 at 2:30 p.m. in dian schools. p.m. in room SD–366 of the Dirksen room SD–366 of the Dirksen Senate Of- The PRESIDING OFFICER. Without Senate Office Building in Washington, fice Building in Washington, D.C. objection, it is so ordered. D.C. Because of the limited time available COMMITTEE ON THE JUDICIARY The purpose of this hearing is to re- for the hearing, witnesses may testify Mr. GORTON. Mr. President, I ask ceive testimony on S. 2873, a bill to by invitation only. However, those unanimous consent that the Com- provide for all right, title, and interest wishing to submit written testimony mittee on the Judiciary be authorized in and to certain property in Wash- for the hearing record should send two to meet to conduct a hearing on ington County, Utah, to be vested in copies of their testimony to the Com- Wednesday, September 6, 2000, at 10:00 the United States; H.R. 3676, a bill to mittee on Energy and Natural Re- a.m., in Dirksen 226. establish the Santa Rosa and San The PRESIDING OFFICER. Without sources, United States Senate, SD–364 Jacinto Mountains National Monument objection, it is so ordered. Dirksen Senate Office Building, Wash- in the State of California; and its com- SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT ington, D.C. 20510–6150. panion S. 2784, a bill entitled ‘‘Santa AND THE COURTS Rosa and San Jacinto Mountains Na- For further information, please con- Mr. GORTON. Mr. President, I ask tional Monument Act of 2000; S. 2865, a tact Jim O’Toole or Kevin Clark of the unanimous consent that the Com- bill to designate certain land of the Na- Committee staff at (202) 224–6969. mittee on the Judiciary Subcommittee

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.003 S06SE0 September 6, 2000 CONGRESSIONAL RECORD—SENATE 17129 on Administrative Oversight and the national carriage by air performed and The PRESIDING OFFICER. The Courts be authorized to meet to con- operated directly by the United States clerk will report the concurrent resolu- duct a hearing on Wednesday, Sep- for noncommercial purposes in respect tion by title. tember 6, 2000 at 2:00 p.m., in SD226. to its functions and duties as a sov- The legislative clerk read as follows: The PRESIDING OFFICER. Without ereign State. Such a declaration is con- A concurrent resolution (S. Con. Res. 134) objection, it is so ordered. sistent with the declaration made by designating September 8, 2000, as Galveston Hurricane National Remembrance Day. f the United States under the Conven- tion for the Unification of Certain There being no objection, the Senate PRIVILEGES OF THE FLOOR Rules Relating to International Car- proceeded to consider the concurrent Mr. REID. Mr. President, I ask unan- riage by Air, done at Warsaw October resolution. imous consent that Peter Washburn 12, 1929, as amended (the ‘‘Warsaw Con- Mr. BOND. Mr. President, I ask unan- and Dan Utech, fellows on the Environ- vention’’) and is specifically permitted imous consent that the concurrent res- ment and Public Works Committee, be by the terms of the new Convention. olution be agreed to, the preamble be granted floor privileges during consid- Upon entry into force for the United agreed to, the motion to reconsider be eration of H.R. 4733. States, the Convention, where applica- laid upon the table, and any state- The PRESIDING OFFICER. Without ble, would supersede the Warsaw Con- ments relating to this concurrent reso- objection, it is so ordered. vention, as amended by the Protocol to lution be printed in the RECORD. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I further Amend the Warsaw Convention, done objection, it is so ordered. ask unanimous consent, on behalf of at Montreal September 25, 1975 (‘‘Mon- treal Protocol No. 4’’), which entered The concurrent resolution (S. Con. Senator BINGAMAN, that two fellows in Res. 134) was agreed to. his personal office, Dan Alpert and into force for the United States on March 4, 1999. The Convention rep- The preamble was agreed to. John Jennings, be allowed privileges of The resolution, with its preamble, the Senate floor while the energy and resents a vast improvement over the li- ability regime established under the reads as follows: water appropriations bill is the pending Warsaw Convention and its related in- S. CON. RES. 134 business. struments, relative to passenger rights Whereas September 8, 2000 marks the 100th The PRESIDING OFFICER. Without in the event of an accident. Among anniversary of the hurricane that struck objection, it is so ordered. other benefits, the Convention elimi- Galveston, Texas on September 8, 1900, the f nates the cap on carrier liability to ac- deadliest natural disaster in United States history; REMOVAL OF INJUNCTION OF SE- cident victims; holds carriers strictly Whereas an estimated 6,000 people died in a CRECY—TREATY DOCUMENT NO. liable for proven damages up to 100,000 few hours in this thriving port of 37,000, 106–45 Special Drawing Rights (approximately dubbed the ‘‘Wall Street of the West’’ at the $135,000) (Special Drawing Rights rep- dawn of the 20th century; Mr. CRAIG. Mr. President, as in exec- resent an artificial ‘basket’ currency Whereas vast waves, surging flood waters, utive session, I ask unanimous consent developed by the International Mone- and powerful winds of more than 120 miles an that the injunction of secrecy be re- tary Fund for internal accounting pur- hour overtook the town, in an era without moved from the following convention poses to replace gold as a world stand- radar, satellites, or modern radio, making transmitted to the Senate on Sep- ard); provides for U.S. jurisdiction for off-shore hurricanes difficult to track; tember 6, 2000, by the President of the Whereas the residents of Galveston island most claims brought on behalf of U.S. showed much courage and sacrifice during United States: passengers; clarifies the duties and ob- Convention for International Car- the tempest, exemplified by 10 nuns who lost ligations of carriers engaged in code- their lives along with the 90 children they riage by Air, Treaty Document No. 106– share operations; and, with respect to were trying to save at St. Mary’s Orphanage 45. cargo, preserves all of the significant on the beach; I also ask that the convention be advances achieved by Montreal Pro- Whereas Galveston never lost her resilient considered as having been read the first tocol No. 4. spirit, built a sturdy 17-foot sea wall that time; that it be referred, with accom- I recommend that the Senate give staved off other fierce hurricanes, pumped in panying papers, to the Committee on early and favorable consideration to millions of tons of sand from the Gulf of Foreign Relations and ordered to be this Convention and that the Senate Mexico in order to raise the level of the city printed; and that the President’s mes- and its buildings to a safer height, and be- give its advice and consent to ratifica- came a beautiful and prosperous town yet sage be printed in the RECORD. tion, subject to a declaration that the again; The PRESIDING OFFICER. Without Convention shall not apply to inter- Whereas the city of Galveston is this year objection, it is so ordered. national carriage by U.S. State air- holding a ceremony commemorating the The message of the President is as craft, as provided for in the Conven- hurricane, launching educational efforts, and follows: tion. celebrating the rebirth of Galveston after the storm; and To the Senate of the United States: WILLIAM J. CLINTON. THE WHITE HOUSE, September 6, 2000. Whereas our Nation, which benefits from I transmit herewith, for Senate ad- modern weather technology and the lessons vice and consent to ratification, the f learned from the Galveston tragedy, should Convention for the Unification of Cer- ORDER OF PROCEDURE—S. 1608 never cease to improve hurricane forecasting and make life safer and more secure along tain Rules for International Carriage Mr. BOND. Mr. President, I ask unan- by Air, done at Montreal May 28, 1999 our coasts: Now, therefore, be it imous consent that the vitiation order Resolved by the Senate (the House of Rep- (the ‘‘Convention’’). The report of the with respect to the agreement for con- resentatives concurring), That— Department of State, including an arti- sideration of S. 1608 be extended until (1) September 8, 2000 is designated as Gal- cle-by-article analysis, is enclosed for 12 noon on Friday. veston Hurricane National Remembrance the information of the Senate in con- The PRESIDING OFFICER. Without Day; and nection with its consideration of the objection, it is so ordered. (2) the President is authorized and re- quested to issue a proclamation in memory Convention. f I invite favorable consideration of of the thousands of Galvestonians and other Americans who lost their lives in the dev- the recommendation of the Secretary GALVESTON HURRICANE NATIONAL REMEMBRANCE DAY astating hurricane of 1900 and the survivors of State, as contained in the report who rebuilt Galveston. provided herewith, that the Senate’s Mr. BOND. Mr. President, I ask unan- f advice and consent to the Convention imous consent that the Senate now be subject to a declaration on behalf of proceed to the immediate consider- ORDERS FOR THURSDAY, the United States, pursuant to Article ation of S. Con. Res. 134, submitted SEPTEMBER 7, 2000 57(a) of the Convention, that the con- earlier today by Senators HUTCHISON Mr. BOND. Mr. President, I ask unan- vention shall not apply to inter- and GRAMM. imous consent that when the Senate

VerDate Aug 04 2004 12:31 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR00\S06SE0.003 S06SE0 17130 CONGRESSIONAL RECORD—SENATE September 6, 2000 completes its business today, it ad- energy and water appropriations bill on THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- journ until the hour of 9:30 a.m. on a dual track for the remainder of the CATED UNDER TITLE 10, U.S.C., SECTION 12203: Thursday, September 7. I further ask week, with votes expected throughout To be major general consent that on Thursday, imme- each day. BRIG. GEN. H. DOUGLAS ROBERTSON, 0000 diately following the prayer, the Jour- f IN THE NAVY nal of proceedings be approved to date, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the morning hour be deemed expired, ADJOURNMENT UNTIL 9:30 A.M. AS VICE CHIEF OF NAVAL OPERATIONS, UNITED STATES the time for the two leaders be re- TOMORROW NAVY, AND APPOINTMENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND served for their use later in the day, Mr. BOND. Mr. President, if there is RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 and the Senate then resume debate on no further business to come before the AND 5035: the Daschle motion regarding the Mis- Senate, I now ask unanimous consent To be admiral souri River, with 10 minutes equally di- that the Senate stand in adjournment VICE ADM. WILLIAM J. FALLON, 0000 vided in the usual form prior to a vote under the previous order. IN THE AIR FORCE on or in relation to the motion. There being no objection, the Senate, THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE The PRESIDING OFFICER. Without at 8:23 p.m., adjourned until Thursday, UNITED STATES OFFICER FOR APPOINTMENT TO THE objection, it is so ordered. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE September 7, 2000, at 9:30 a.m. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: f f To be colonel PROGRAM WARREN S. SILBERMAN, 0000 NOMINATIONS IN THE ARMY Mr. BOND. When the Senate con- venes at 9:30 a.m., there will be 10 min- Executive nominations received by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate September 6, 2000: TO THE GRADE INDICATED IN THE UNITED STATES ARMY utes remaining for closing remarks UNDER TITLE 10, U.S.C., SECTIONS 531 AND 624: DEPARTMENT OF STATE with respect to the motion to strike To be colonel the Missouri River provision contained JOSEPH R. BIDEN, JR., OF DELAWARE, TO BE A REP- RESENTATIVE OF THE UNITED STATES OF AMERICA TO MERRITT M. SMITH, 0000 in the energy and water appropriations THE FIFTY-FIFTH SESSION OF THE GENERAL ASSEMBLY THE FOLLOWING NAMED ARMY NATIONAL GUARD OF bill. Immediately following that vote, OF THE UNITED NATIONS. THE UNITED STATES OFFICERS FOR APPOINTMENT TO ROD GRAMS, OF MINNESOTA, TO BE A REPRESENTA- THE GRADE INDICATED IN THE RESERVE OF THE ARMY a vote will occur on the motion to pro- TIVE OF THE UNITED STATES OF AMERICA TO THE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ceed to the China PNTR legislation. FIFTY-FIFTH SESSION OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS. To be colonel Therefore, two back-to-back votes will IN THE AIR FORCE JAMES M. DAVIS, 0000 occur at approximately 9:40 a.m. Fol- JEFFREY D. DOW, 0000 lowing those two votes, the Senate will THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID P. ROLANDO, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- LANNEAU H. SIEGLING, 0000 consider the China PNTR bill. It is CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE hoped that agreements can be reached AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 601: TO THE GRADE INDICATED IN THE UNITED STATES ARMY on various amendments to the bill and, UNDER TITLE 10, U.S.C., SECTION 628: To be lieutenant general therefore, votes can be expected to To be major MAJ. GEN. JOHN H. CAMPBELL, 0000 occur throughout the day. JOHN ESPINOSA, 0000 IN THE ARMY As a reminder, the filing deadline for IN THE NAVY all first-degree amendments to the en- THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ergy and water appropriations bill was SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TO THE GRADE INDICATED IN THE UNITED STATES NAVY 6:30 this evening. As a further re- TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: minder, the Senate will continue to To be brigadier general To be lieutenant commander consider the China trade bill and the COL. BRADFORD C. BRIGHTMAN, 0000 RANDALL J. BIGELOW, 0000

VerDate Mar 15 2010 20:56 Apr 17, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0686 Sfmt 9801 C:\1999-2001-BOUND-RECORD\BR2000\SEP\S06SE0.REC S06SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17131 HOUSE OF REPRESENTATIVES—Wednesday, September 6, 2000

The House met at 2 p.m. and was I pledge allegiance to the Flag of the S. 1936. An act to authorize the Secretary called to order by the Speaker pro tem- United States of America, and to the Repub- of Agriculture to sell or exchange all or part lic for which it stands, one nation under God, pore (Mrs. BIGGERT). of certain administrative sites and other Na- indivisible, with liberty and justice for all. tional Forest System land in the State of Or- f f egon and use the proceeds derived from the DESIGNATION OF THE SPEAKER sale or exchange for National Forest System MESSAGE FROM THE SENATE purposes. PRO TEMPORE A message from the Senate by Mr. S. 2020. An act to adjust the boundary of The SPEAKER pro tempore laid be- Lundregan, one of its clerks, an- the Natchez Trace Parkway, Mississippi, and fore the House the following commu- nounced that the Senate has passed for other purposes. nication from the Speaker: with amendments in which the concur- S. 2279. An act to authorize the addition of WASHINGTON, DC, rence of the House is requested, bills of land to Sequoia National Park, and for other September 6, 2000. the House of the following titles: purposes. I hereby appoint the Honorable JUDY H.R. 820. An act to authorize appropria- S. 2352. An act to amend the Wild and Sce- BIGGERT to act as Speaker pro tempore on tions for fiscal years 2000 and 2001 for the nic Rivers Act to designate the Wekiva River this day. Coast Guard, and for other purposes. and its tributaries of Wekiwa Springs Run, J. DENNIS HASTERT, H.R. 3244. An act to combat trafficking of Rock Springs Run, and Black Water Creek in Speaker of the House of Representatives. persons, especially into the sex trade, slav- the State of Florida as components of the ery, and slavery-like conditions, in the f National Wild and Scenic Rivers System. United States and countries around the S. 2386. An act to authorize the United PRAYER world through prevention, through prosecu- States Postal Service to issue semipostals, tion and enforcement against traffickers, and for other purposes. The Chaplain, the Reverend Daniel P. and through protection and assistance to Coughlin, offered the following prayer: victims of trafficking. S. 2421. An act to direct the Secretary of the Interior to conduct a study of the suit- Lord God of covenant love, You pro- The message also announced that the vide us wisdom for our lives; You em- ability and feasibility of establishing an Senate insists upon its amendment to Upper Housatonic Valley National Heritage power us to live out our commitments the bill (H.R. 820) ‘‘An Act to authorize Area in Connecticut and Massachusetts. to others. As we enter into legislative appropriations for fiscal years 2000 and S. 2998. An act to designate a fellowship session today, You welcome us into 2001 for the Coast Guard, and for other program of the Peace Corps promoting the Your presence. purposes,’’ requests a conference with work of returning Peace Corps volunteers in May the families and local districts the House on the disagreeing votes of underserved American communities as the we leave to assemble once again as the the two Houses thereon, and appoints ‘‘Paul D. Coverdell Fellows Program’’. 106th Congress be blessed and protected Mr. MCCAIN, Mr. STEVENS, Ms. SNOWE, S.J. Res. 48. Joint resolution calling upon by You. Mr. HOLLINGS, and Mr. KERRY, to be the President to issue a proclamation recog- May our personal relationships with the conferees on the part of the Senate. nizing the 25th anniversary of the Helsinki them be secured and our common life The message also announced that the Final Act. be enriched by the work and intentions Senate insists upon its amendment to S. Con. Res. 53. Concurrent resolution con- that bring us to public service. the bill (H.R. 3244) ‘‘An Act to combat demning all prejudice against individuals of Help this government to enact laws trafficking of persons, especially into Asian and Pacific Island ancestry in the United States. that respect the right of parents and the sex trade, slavery, and slavery-like protect children. Guide this Congress conditions, in the United States and S. Con. Res. 133. Concurrent resolution to correct the enrollment of S. 1809. and all local communities to create countries around the world through homes and neighborhoods where trust prevention, through prosecution and The message also announced that and creative deeds may flourish. enforcement against traffickers, and pursuant to Public Law 105–134, the Fix us on the course of justice and through protection and assistance to Chair, on behalf of the Republican shape our future by solid information victims of trafficking,’’ requests a con- Leader, announces the appointment and quality education. Let truth be our ference with the House on the dis- made during the adjournment, of guide and secure peace our gift to fami- agreeing votes of the two Houses there- Nancy Rutlege Connery, of Maine, to lies and the world, now and forever. on, and appoints from the— serve as a member of the Amtrak Re- Amen. Committee on the Judiciary: Mr. form Council, vice Joseph Vranich, of HATCH, Mr. THURMOND, and Mr. LEAHY; Pennsylvania, effective July 28, 2000. f and Committee on Foreign Relations: Mr. The message also announced that THE JOURNAL pursuant to Public Law 99–498, the HELMS, Mr. BROWNBACK, Mr. BIDEN, and Chair, on behalf of the President pro The SPEAKER pro tempore. The Mr. WELLSTONE; to be the conferees on Chair has examined the Journal of the the part of the Senate. tempore, reappoints Charles Terrell, of last day’s proceedings and announces The message also announced that the Massachusetts, to the Advisory Com- to the House her approval thereof. Senate has passed bills, a joint resolu- mittee on Student Financial Assist- Pursuant to clause 1, rule I, the Jour- tion and concurrent resolutions of the ance for a three-year term beginning nal stands approved. following titles in which the concur- October 1, 2000, made during the ad- f rence of the House is requested: journment, effective July 28, 2000. S. 610. An act to direct the Secretary of the The message also announced that PLEDGE OF ALLEGIANCE Interior to convey certain land under the ju- pursuant to Public Law 106–173, the The SPEAKER pro tempore. Will the risdiction of the Bureau of Land Manage- Chair, on behalf of the Majority Lead- gentleman from Pennsylvania (Mr. ment in Washakie County and Big Horn er, announces the appointment of County, Wyoming, to the Westside Irrigation PITTS) come forward and lead the Frank J. Williams, of Rhode Island, to District, Wyoming, and for other purposes. House in the Pledge of Allegiance. S. 1894. An act to provide for the convey- the Abraham Lincoln Bicentennial Mr. PITTS led the Pledge of Alle- ance of certain land to Park County, Wyo- Commission, made during the adjourn- giance as follows: ming. ment, effective August 24, 2000.

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

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17132 CONGRESSIONAL RECORD—HOUSE September 6, 2000 COMMUNICATION FROM THE errors under chapters 83 and 84 of such Army is requested to review the report of the CLERK OF THE HOUSE title, and for other purposes. Chief of Engineers on the Four River Basins, Florida, published as House Document 585, The SPEAKER pro tempore laid be- And Speaker pro tempore GILCHREST signed the following enrolled bill on 87th Congress and other pertinent reports, fore the House the following commu- with a view to determine the feasibility of nication from the Clerk of the House of Wednesday, August 23, 2000: measures related to comprehensive water- Representatives: H.R. 8, to amend the Internal Rev- shed planning for water conservation, water enue Code of 1986 to phase out the es- OFFICE OF THE CLERK, supply, flood control, environmental restora- HOUSE OF REPRESENTATIVES, tate and gift taxes over a 10-year pe- tion and protection, and other water re- Washington, DC, July 28, 2000. riod. source related problems in the Apopka/ Palatkaha Basins and the Upper Ocklawaha Hon. J. DENNIS HASTERT, f The Speaker, House of Representatives, River Basin south of the Silver River. Washington, DC. APPOINTMENT AS MEMBERS TO Adopted: July 26, 2000. DEAR MR. SPEAKER: Pursuant to the per- PARENTS ADVISORY COUNCIL ON mission granted to Clause 2(h) of Rule II of DRUG ABUSE DOCKET 2650: FORT DODGE, IOWA the Rules of the U.S. House of Representa- The SPEAKER pro tempore. Pursu- Resolved by the Committee on Transpor- tation and Infrastructure of the United tives, the Clerk received the following mes- ant to sections 710(a)(2) of the Office of sage from the Secretary of the Senate on States House of Representatives, That the July 28, 2000 at 9:35 a.m. National Drug Control Policy Reau- Secretary of the Army is requested to review That the Senate passed without amend- thorization Act of 1998 (21 U.S.C. 1709) the report of the Chief of Engineers on the ment H.R. 1749; that the Senate passed with- and the order of the House of Thursday, Des Moines River Basin, Iowa and Min- out amendment H.R. 1982; that the Senate July 27, 2000, the Speaker, on Tuesday, nesota, published as House Document 146, passed without amendment H.R. 3291; that August 15, 2000, appointed the following 96th Congress, 1st Session, and other perti- the Senate agreed to House amendments to members from the private sector to the nent reports, to determine whether any Senate amendments for H.R. 4040. Parents Advisory Council on Youth modifications of the recommendations con- With best wishes, I am tained therein are advisable in the interest Sincerely, Drug Abuse on the part of the House: of flood damage reduction and environ- JEFF TRANDAHL, Ms. Judith Kreamer, Naperville, Illi- mental restoration and protection of the Des Clerk of the House. nois, to a three-year term; Moines River at Fort Dodge, Iowa. f Ms. Modesta Martinez, Bensenville, Adopted: July 26, 2000. Illinois, to a two-year term; ANNOUNCEMENT BY THE SPEAKER And Mr. Richard F. James, Colum- DOCKET 2651: CORPUS CHRISTI SHIP CHANNEL, PRO TEMPORE bus, Ohio, to a one-year term. TEXAS The SPEAKER pro tempore. The f Resolved by the Committee on Transpor- Chair desires to announce that pursu- tation and Infrastructure of the United COMMUNICATION FROM CHAIRMAN ant to clause 4 of Rule I, Speaker pro States House of Representatives, That the OF COMMITTEE ON TRANSPOR- Secretary of the Army is requested to review tempore MORELLA signed the following TATION AND INFRASTRUCTURE the report of the Chief of Engineers on the enrolled bills on Saturday, July 29, Corpus Christi Ship Channel, Texas, pub- 2000: The SPEAKER pro tempore laid be- lished as House Document 99, 90th Congress, H.R. 1749, to designate Wilson Creek fore the House the following commu- 2nd Session, and a view to determine wheth- in Avery and Caldwell Counties, North nication from the chairman of the er any modifications are advisable at the Carolina, as a component of the Na- Committee on Transportation and In- present time with particular reference to tional Wild and Scenic Rivers System; frastructure; which was read and, with- providing improvements to the Corpus Chris- H.R. 1982, to name the Department of out objection, referred to the Com- ti Ship Channel, Texas, in the interest of mittee on Appropriations: shoreline protection, storm damage reduc- Veterans Affairs outpatient clinic in tion, environmental restoration and protec- Rome, New York, as the ‘‘Donald J. COMMITTEE ON TRANSPORTATION AND tion, and other allied purposes. Mitchell Department of Veterans Af- INFRASTRUCTURE, HOUSE OF REP- Adopted: July 26, 2000. fairs Outpatient Clinic’’; RESENTATIVES, H.R. 3291, to provide for the settle- Washington, DC, July 26, 2000. DOCKET 2652: PORTLAND HARBOR, MAINE Hon. J. DENNIS HASTERT, ment of the water rights claims of the Resolved by the Committee on Transpor- Speaker of the House, tation and Infrastructure of the United Shivwits Band of the Paiute Indian Washington, DC. States House of Representatives, That the Tribe of Utah, and for other purposes; DEAR MR. SPEAKER: Enclosed are copies of Secretary of the Army is requested to review S. 2869, an act to protect religious resolutions adopted on July 26, 2000 by the the report of the Chief of Engineers on the liberty, and for other purposes; Committee on Transportation and Infra- Portland Harbor, Maine, published as House The following enrolled bills on Mon- structure. Copies of the resolutions are being Document 216, 87th Congress, 1st Session, transmitted to the Department of the Army. day, August 7, 2000: and House Document 510, 79th Congress, 2nd With kind regards, I am H.R. 1167, to amend the Indian Self- Session, and other pertinent reports with a Sincerely, Determination and Education Assist- view to determine whether modifications of BUD SHUSTER, ance Act to provide for further self- the recommendations contained therein are Chairman. advisable in the interest of navigation and governance by Indian tribes, and for Enclosures. our purposes; other allied purposes, including the advis- DOCKET 2648: CROSS LAKE, LOUISIANA H.R. 3519, to provide for negotiations ability of deepening the existing 45-foot har- for the creation of a trust fund to be Resolved by the Committee on Transportation bor channel and 35-foot Fore River channel and Infrastructure of the United States House and turning basin. administered by the International of Representatives, That the Secretary of the Adopted: July 26, 2000. Bank for Reconstruction and Develop- Army is requested to review the report of the ment or the International Development Chief of Engineers on the Red River Basin, DOCKET 2653: SEARSPORT HARBOR, MAINE Association to combat the AIDS epi- Arkansas and Louisiana, Comprehensive Resolved by the Committee on Transpor- demic; Study published as House Report 98–217, with tation and Infrastructure of the United The following enrolled bill on Friday, a view to determine the feasibility of meas- States House of Representatives, That the August 18, 2000: ures relating to water supply, flood damage Secretary of the Army is requested to review H.R. 4040, to amend Title 5, United reduction, and recreation at Cross Lake, the report of the Chief of Engineers on Louisiana, at this time. Searsport Harbor, Maine, published as House States Code, to provide for the estab- Adopted: July 26, 2000. lishment of a program under which Document 500, 87th Congress, 2nd Session, long-term care insurance is made and other pertinent reports, with a view to DOCKET 2649: OCKLAWAHA RIVER BASIN, determine whether modifications of the rec- available to Federal employees, mem- FLORIDA ommendations contained therein are advis- bers of the uniformed services, and ci- Resolved by the Committee on Transportation able in the interest of navigation, including vilian and military retirees, provide for and Infrastructure of the United States House the advisability of deepening the existing 35- the correction of retirement coverage of Representatives, That the Secretary of the foot channel and turning basin.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17133 Adopted: July 26, 2000. agency the authority granted by this resolu- July 26, 2000. tion. DOCKET 2654: KIHEI AREA SHORELINE, MAUI, Provided further, That the General Services SITE AND DESIGN: UNITED STATES HAWAII Administration shall report to the Com- COURTHOUSE, LOS ANGELES, CALIFORNIA Resolved by the Committee on Transpor- mittee on Transportation and Infrastructure Resolved by the Committee on Transportation tation and Infrastructure of the United on the course of action taken to meet the and Infrastructure of the U.S. House of Rep- States House of Representatives, That the long-term space needs for the Internal Rev- resentatives, That pursuant to Section 7 of Secretary of the Army in accordance with enue Service. the Public Buildings Act of 1959, (40 U.S.C. UD SHUSTER, Section 110 of the River and Harbor Act of B § 606), appropriations are authorized for ac- 1962, is requested to review the feasibility of Chairman. quisition of a site and the design for the con- July 26, 2000. providing beach restoration and shoreline struction of a 1,016,300 gross square foot United States courthouse, including 150 in- protection in the vicinity of Kihei on the Is- AMENDMENT: UNITED STATES COURTHOUSE, side parking spaces, located in Los Angeles, land of Maui, Hawaii. KANSAS CITY, MISSOURI Adopted: July 26, 2000. California, at a site cost of $20,600,000 and de- Resolved by the Committee on Transportation sign and review cost of $14,650,000, for a com- and Infrastructure of the U.S. House of Rep- DOCKET 2655: BROWNSVILLE SHIP CHANNEL, bined cost of $35,250,000, a prospectus for resentatives, that pursuant to section 7 of the which is attached to, and included in, this TEXAS Public Buildings Act of 1959, (40 U.S.C. § 606), Resolved by the Committee on Transpor- resolution. appropriations are authorized for the design Provided, That any design shall, to the tation and Infrastructure of the United and review for the repair and alteration of maximum extent possible incorporate shared States House of Representatives, That the the existing vacated United States court- or collegial space, consistent with efficient Secretary of the Army, shall review the re- house located at 811 Grand, Kansas City, court operations that will minimize the size port of the Chief of Engineers for the Brazos Missouri at a design cost of $4,304,000. This and cost of the building to be constructed. Island Harbor, Texas, published as House resolution amends the Committee resolution Provided further, That the design shall rec- Document 428, 86th Congress, 2nd Session, of February 5, 1992, which authorized con- ognize the need for courtrooms to be avail- and other pertinent reports to determine the struction of a new courthouse in Kansas able to fulfill judicial responsibility and to feasibility of providing navigation improve- City, Missouri at a total estimated cost of serve the public by disposing of cases in a ments to the Brownsville Ship Channel asso- $114,476,000. fair and expeditious manner, and in so doing ciated with the Brownsville Deepwater Con- BUD SHUSTER, the facility shall, to the maximum extent tainer Port. Chairman. possible utilize the 1,016,300 square feet of Adopted: July 26, 2000. July 26, 2000. space for a stand alone courthouse with suf- There was no objection. NATIONAL INSTITUTES OF HEALTH: BAYVIEW ficient courtrooms to maximize operational f CAMPUS, BALTIMORE, MARYLAND efficiencies and enhance security. Provided further, That the Committee ex- Resolved by the Committee on Transportation COMMUNICATION FROM CHAIRMAN pects the General Services Administration, and Infrastructure of the U.S. House of Rep- OF COMMITTEE ON TRANSPOR- in consultation with the Administrative Of- resentatives, That pursuant to Section 11(b) of fice of the United States Courts, to design TATION AND INFRASTRUCTURE the Public Buildings Act of 1959, (40 U.S.C. for, and configure for maximum utilization, § 610), the Administrator of General Services The SPEAKER pro tempore laid be- a courtroom sharing model for the courts in shall investigate the feasibility and need to fore the House the following commu- Los Angeles, California, ensuring, to the construct, lease, or acquire a facility to nication from the chairman of the maximum extent practicable, continued use Committee on Transportation and In- house the National Institutes of Health Re- search Center, Bayview Campus of Johns of all existing courtrooms in the Roybal Fed- frastructure; which was read and, with- Hopkins University, Baltimore, Maryland. eral Building for judicial proceedings. out objection, referred to the Com- The analysis shall include a full and com- BUD SHUSTER, mittee on Appropriations: plete evaluation including, but not limited Chairman. July 26, 2000. COMMITTEE ON TRANSPORTATION AND to: (i) the identification and cost of potential sites and (ii) 30 year present value evalua- INFRASTRUCTURE, HOUSE OF REP- CONSTRUCTION: E. BARRETT PRETTYMAN tions of all options; including lease, pur- RESENTATIVES, UNITED STATES COURTHOUSE, WASHINGTON, chase, and Federal construction, and the Washington, DC, July 26, 2000. D.C. Hon. J. DENNIS HASTERT, purchase options of lease with an option to Resolved by the Committee on Transportation Speaker: House of Representatives, purchase or purchase contract. The Adminis- and Infrastructure of the U.S. House of Rep- Washington, DC. trator shall submit a report to Congress resentatives, That pursuant to Section 7 of DEAR MR. SPEAKER: Enclosed please find within 20 days. the Public Buildings Act of 1959, (40 U.S.C. copies of resolutions approved by the Com- BUD SHUSTER, § 606), appropriations are authorized for the mittee on Transportation and Infrastructure Chairman. construction of a 327,600 square foot annex on July 26, 2000, in accordance with 40 U.S.C. July 26, 2000. building and for renovations to the existing § 606. ADDITIONAL DESIGN: UNITED STATES POST OF- courthouse, including 250 parking spaces, for With warm regards, I remain FICE—COURTHOUSE, LITTLE ROCK, ARKANSAS the E. Barrett Prettyman United States Sincerely, Courthouse located in Washington, D.C., at BUD SHUSTER, Resolved by the Committee on Transportation an additional design cost of $563,000, manage- Chairman. and Infrastructure of the U.S. House of Rep- ment and inspection cost of $4,583,000, esti- Enclosures. resentatives, That pursuant to Section 7 of the Public Buildings Act of 1959, (40 U.S.C. mated construction cost for the annex of LEASE: INTERNAL REVENUE SERVICE, SAN § 606), appropriations are authorized for addi- $75,665,000, and estimated construction cost FRANCISCO, CA tional design for the construction of a 132,003 for renovations to the existing courthouse of Resolved by the Committee on Transportation gross square foot addition, including 55 in- $28,687,000 for a combined cost of $109,498,000, and Infrastructure of the U.S. House of Rep- side parking spaces, and construction of al- a modified prospectus for which is attached resentatives, That pursuant to section 7 of the terations to the existing United States Post to, and included in, this resolution. Public Buildings Act of 1959, (40 U.S.C. § 606), Office—Courthouse located at 600 Capitol Provided, That the construction of this appropriations are authorized to lease up to Street in Little Rock, Arkansas, at an addi- project does not exceed construction bench- approximately 93,000 rentable square feet of tional design and review cost of $1,820,000, a marks as established by the General Services space and 7 parking spaces for the Internal prospectus for which is attached to, and in- Administration. Revenue Service currently located at 1650 cluded in, this resolution. BUD SHUSTER, Mission Street, San Francisco, CA, at a pro- Provided, That any design shall, to the Chairman. posed total annual cost of $1,732,000 for a maximum extent possible incorporate shared July 26, 2000. lease term of three years, a prospectus for or collegial space, consistent with efficient which is attached to and included in this res- court operations that will minimize the size CONSTRUCTION: UNITED STATES COURTHOUSE, olution. and cost of the building to be constructed. GULFPORT, MISSISSIPPI Approval of this prospectus constitutes au- Provided further, That any design shall in- Resolved by the Committee on Transportation thority to execute an interim lease for all corporate changes in the 1997 United States and Infrastructure of the U.S. House of Rep- tenants, if necessary, prior to execution of Courts Design Guide, including the imple- resentatives, That pursuant to Section 7 of the new lease. mentation of a policy on shared courtrooms. the Public Buildings Act of 1959, (40 U.S.C. Provided, That the General Services Ad- BUD SHUSTER, § 606), appropriations are authorized for the ministration shall not delegate to any other Chairman. construction of a 219,897 gross square foot

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17134 CONGRESSIONAL RECORD—HOUSE September 6, 2000 United States courthouse, including 50 inside Provided, That any design shall, to the Provided, That any design shall, to the parking spaces, located in Biloxi/Gulfport, maximum extent possible incorporate shared maximum extent possible incorporate shared Mississippi, at an additional site cost of or collegial space, consistent with efficient or collegial space, consistent with efficient $3,633,000, management and inspection cost court operations that will minimize the size court operations that will minimize the size of $3,078,000, and estimated construction cost and cost of the building to be constructed. and cost of the building to be constructed. of $38,137,000 for a combined cost of Provided further, That any design shall in- Provided further, That any design shall in- $44,848,000, a prospectus for which is attached corporate changes in the 1997 United States corporate changes in the 1997 United States to, and included in, this resolution. Courts Design Guide, including the imple- Courts Design Guide, including the imple- Provided, That the construction of this mentation of a policy on shared courtrooms. mentation of a policy on shared courtrooms. project does not exceed construction bench- BUD SHUSTER, BUD SHUSTER, marks as established by the General Services Chairman. Chairman. Administration. July 26, 2000. July 26, 2000. BUD SHUSTER, Chairman. SITE AND DESIGN: FEDERAL BUILDING—UNITED SITE AND DESIGN: UNITED STATES July 26, 2000. STATES COURTHOUSE, CEDAR RAPIDS, IOWA COURTHOUSE, BUFFALO, NEW YORK Resolved by the Committee on Transportation Resolved by the Committee on Transportation SITE AND DESIGN: UNITED STATES and Infrastructure of the U.S. House of Rep- and Infrastructure of the U.S. House of Rep- COURTHOUSE, RICHMOND, VIRGINIA resentatives, That pursuant to Section 7 of resentatives, That pursuant to Section 7 of Resolved by the Committee on Transportation the Public Buildings Act of 1959, (40 U.S.C. the Public Buildings Act of 1959, (40 U.S.C. and Infrastructure of the U.S. House of Rep- § 606), appropriations are authorized for ac- § 606), appropriations are authorized for ac- resentatives, That pursuant to Section 7 of quisition of a site and the design for the con- quisition of a site and the design for the con- the Public Buildings Act of 1959, (40 U.S.C. struction of a 246,187 gross square foot struction of a 153,296 gross square foot § 606), appropriations are authorized for ac- United States courthouse, including 40 inside United States courthouse annex, including 40 quisition of a site and the design for the con- parking spaces and 79 outside parking inside parking spaces, located in Buffalo, struction of a 259,688 gross square foot spaces, located in Cedar Rapids, Iowa, at a New York, at a site cost of $1,030,000 and de- United States courthouse, including 64 inside site cost of $9,785,000 and review cost of sign and review cost of $2,569,000, for a com- parking spaces, located in Richmond, Vir- $3,689,000, for a combined cost of $13,474,000, a bined cost of $3,599,000, a prospectus for ginia, at a site cost of $15,500,000 and design prospectus for which is attached to, and in- which is attached to, and included in, this and review cost of $3,976,000, for a combined cluded in, this resolution. resolution. cost of $19,476,000, a prospectus for which is Provided, That any design shall, to the Provided, That any design shall, to the attached to, and included in, this resolution. maximum extent possible incorporate shared maximum extent possible incorporate shared Provided, That any design shall, to the or collegial space, consistent with efficient or collegial space, consistent with efficient maximum extent possible incorporate shared court operations that will minimize the size court operations that will minimize the size or collegial space, consistent with efficient and cost of the building to be constructed. and cost of the building to be constructed. court operations that will minimize the size Provided further, That any design shall in- Provided further, That any design shall in- and cost of the building to be constructed. corporate changes in the 1997 United States corporate changes in the 1997 United States Provided further, That any design shall in- Courts Design Guide, including the imple- Courts Design Guide, including the imple- corporate changes in the 1997 United States mentation of a policy on shared courtrooms. mentation of a policy on shared courtrooms. Courts Design Guide, including the imple- BUD SHUSTER, BUD SHUSTER, mentation of a policy on shared courtrooms. Chairman. Chairman. BUD SHUSTER, July 26, 2000. July 26, 2000. Chairman. July 26, 2000. SITE AND DESIGN: UNITED STATES SITE AND DESIGN: UNITED STATES COURTHOUSE, ROCKFORD, ILLINOIS COURTHOUSE, NASHVILLE, TENNESSEE CONSTRUCTION: UNITED STATES COURTHOUSE, Resolved by the Committee on Transportation Resolved by the Committee on Transportation SEATTLE, WASHINGTON and Infrastructure of the U.S. House of Rep- and Infrastructure of the U.S. House of Rep- Resolved by the Committee on Transportation resentatives, That pursuant to Section 7 of resentatives, That pursuant to Section 7 of and Infrastructure of the U.S. House of Rep- the Public Buildings Act of 1959, (40 U.S.C. the Public Buildings Act of 1959, (40 U.S.C. resentatives, That pursuant to Section 7 of § 606), appropriations are authorized for ac- § 606), appropriations are authorized for ac- the Public Buildings Act of 1959, (40 U.S.C. quisition of a site and the design for the con- quisition of a site and the design for the con- § 606), appropriations are authorized for the struction of a 129,800 gross square foot struction of a 310,294 gross square foot construction of a 634,763 gross square foot United States courthouse, including 33 inside United States courthouse, including 169 in- United States courthouse, including 180 in- parking spaces and 100 outside parking side parking spaces, located in Nashville, side parking spaces, located in Seattle, spaces, located in Rockford, Illinois, at a site Tennessee, at a site cost of $9,076,000 and de- Washington, at an additional site cost of cost of $618,000 and design and review cost of sign and review cost of $4,335,000, for a com- $9,216,000, at an additional design cost of $2,219,000, for a combined cost of $2,837,000, a bined cost of $13,411,000, a prospectus for $3,110,000, a management and inspection cost prospectus for which is attached to, and in- which is attached to, and included in, this of $5,708,000, and estimated construction cost cluded in, this resolution. resolution. of $173,657,000 for a combined cost of Provided, That any design shall, to the Provided, That any design shall, to the $191,691,000, a prospectus for which is at- maximum extent possible incorporate shared maximum extent possible incorporate shared tached to, and included in, this resolution. or collegial space, consistent with efficient or collegial space, consistent with efficient Provided, That the construction of this court operations that will minimize the size court operations that will minimize the size project does not exceed construction bench- and cost of the building to be constructed. and cost of the building to be constructed. marks as established by the General Services Provided further, That any design shall in- Provided further, That any design shall in- Administration. corporate changes in the 1997 United States corporate changes in the 1997 United States BUD SHUSTER, Courts Design Guide, including the imple- Courts Design Guide, including the imple- Chairman. mentation of a policy on shared courtrooms. mentation of a policy on shared courtrooms. July 26, 2000. BUD SHUSTER, BUD SHUSTER, Chairman. Chairman. SITE AND DESIGN: UNITED STATES July 26, 2000. July 26, 2000. COURTHOUSE, MOBILE, ALABAMA Resolved by the Committee on Transportation DESIGN: UNITED STATES COURTHOUSE, LAS SITE AND DESIGN: UNITED STATES and Infrastructure of the U.S. House of Rep- CRUCES, NEW MEXICO COURTHOUSE, EL PASO, TEXAS resentatives, That pursuant to Section 7 of Resolved by the Committee on Transportation Resolved by the Committee on Transportation the Public Buildings Act of 1959, (40 U.S.C. and Infrastructure of the U.S. House of Rep- and Infrastructure of the U.S. House of Rep- § 606), appropriations are authorized for ac- resentatives, That pursuant to Section 7 of resentatives, That pursuant to Section 7 of quisition of a site and the design for the con- the Public Buildings Act of 1959, (40 U.S.C. the Public Buildings Act of 1959, (40 U.S.C. struction of a 305,361 gross square foot § 606), appropriations are authorized in the § 606), appropriations are authorized for ac- United States courthouse, including 50 inside amount of $3,040,000 for the design of a 197,577 quisition of a site and the design for the con- parking spaces, located in Mobile, Alabama, gross square foot United States courthouse, struction of a 221,613 gross square foot at a site cost of $2,895,000 and design and re- on government owned land, including 70 in- United States courthouse, including 60 inside view cost of $4,642,000, for a combined cost of side parking spaces, located in Las Cruces, parking spaces, located in El Paso, Texas, at $7,537,000, a prospectus for which is attached New Mexico, a prospectus for which is at- a site cost of $4,120,000 and design and review to, and included in, this resolution. tached to, and included in, this resolution. cost of $4,353,000, for a combined cost of

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17135 $8,473,000, a prospectus for which is attached $112,557,000, a prospectus for which is at- men, wielding machetes and rifles to, and included in, this resolution. tached to, and included in, this resolution. stormed the U.N. headquarters in West Provided, That any design shall, to the Provided, That the construction of this Timor. The militias stabbed their vic- maximum extent possible incorporate shared project does not exceed construction bench- tims to death, dragged their bodies or collegial space, consistent with efficient marks as established by the General Services court operations that will minimize the size Administration. into the street, and then set them on and cost of the building to be constructed. BUD SHUSTER, fire. Provided further, That any design shall in- Chairman. President Clinton must condemn corporate changes in the 1997 United States July 26, 2000. these brutal murders and demand the Courts Design Guide, including the imple- There was no objection. Indonesian government disarm and dis- mentation of a policy on shared courtrooms. f band the militias and ensure the safe BUD SHUSTER, return of the refugees to East Timor. Chairman. NEVADA’S PRESCRIPTION DRUG July 26, 2000. Finally, the United States must PLAN WILL WORK maintain the suspension of all U.S. SITE AND DESIGN: UNITED STATES (Mr. GIBBONS asked and was given military aid and relations with the In- COURTHOUSE, NORFOLK, VIRGINIA permission to address the House for 1 donesian military until this has been Resolved by the Committee on Transportation minute and to revise and extend his re- accomplished. and Infrastructure of the U.S. House of Rep- marks.) The murder and mayhem in West resentatives, That pursuant to Section 7 of Mr. GIBBONS. Madam Speaker, last Timor must stop today. the Public Buildings Act of 1959, (40 U.S.C. week Vice President GORE criticized f § 606), appropriations are authorized for ac- the State of Nevada for its innovative quisition of a site and the design for the al- THE FIRST CONGRESS OPENED prescription drug plan for seniors. teration of the existing courthouse and con- WITH PRAYER struction of an annex for a 399,394 gross Mr. GORE said it would not work. Mr. square foot United States courthouse, in- GORE said it was a complete failure. He (Mr. PITTS asked and was given per- cluding 47 inside parking spaces, located in also said insurance companies would mission to address the House for 1 Norfolk, Virginia, at a site cost and utility not participate. minute and to revise and extend his re- relocation of $5,787,000 and design and review Well, Mr. Speaker, I rise today to re- marks.) cost of $4,806,000, for a combined cost of spectfully say that Mr. GORE’s state- Mr. PITTS. Madam Speaker, on this $10,593,000, a prospectus for which is attached ments about Nevada’s prescription day, September 6, 1774, 226 years ago, to, and included in, this resolution. the first Congress assembled in Phila- Provided, That any design shall, to the drug plan were false and misleading, maximum extent possible incorporate shared and Mr. GORE should apologize to the delphia. According to the Records of or collegial space, consistent with efficient hard-working people of Nevada. Congress, Congress established two im- court operations that will minimize the size At least five insurance companies portant precedents on that day. First, and cost of the building to be constructed. have asked to serve as the vendor for rules of governing its procedures; and, Provided further, That any design shall in- the State’s program. The State of Ne- second, it decided to open its sessions corporate changes in the 1997 United States vada will provide the selected insur- with prayer. Courts Design Guide, including the imple- John Adams provided the details on mentation of a policy on shared courtrooms. ance company with help and, in turn, that second decision, reporting that BUD SHUSTER, Nevada’s low-income seniors will truly Chairman. benefit from reduced prescription ‘‘When Congress first met, Mr. Cushing July 26, 2000. costs, starting next year. made a motion that it should be opened Providing an insurance-based pre- in prayer. It was opposed by one or CONSTRUCTION: UNITED STATES COURTHOUSE, scription drug benefit can work and two, because we were so divided in reli- ERIE, PENNSYLVANIA Nevada is leading the way. It is time to gious sentiment that we could not Resolved by the Committee on Transportation get Washington, D.C. out of the medi- agree on the same act of worship. Mr. and Infrastructure of the U.S. House of Rep- cine cabinets of American seniors. It is Samuel Adams rose and said, ‘He was resentatives, That pursuant to Section 7 of no bigot, and could hear a prayer from the Public Buildings Act of 1959, (40 U.S.C. time to follow Nevada’s lead and pro- § 606), appropriations are authorized for the vide a voluntary, flexible, and afford- a gentleman of piety and virtue, who alteration of the existing courthouse and able prescription drug plan under Medi- was at the same time a friend to his construction of an annex for a 134,794 gross care. country, and therefore he moved that square foot United States courthouse com- f Mr. Duche, an Episcopalian clergyman, plex, including 18 inside parking spaces, lo- might be desired to read prayers to the cated in Erie, Pennsylvania, at an additional INDONESIAN MILITIAS KILL U.N. Congress tomorrow morning.’ The mo- design cost of $121,000, a management and in- STAFF IN WEST TIMOR tion was seconded and passed in the af- spection cost of $1,764,000, and estimated con- (Mr. MCGOVERN asked and was firmative.’’ struction cost of $25,084,000 for a combined given permission to address the House cost of $26,969,000, a prospectus for which is Interestingly, although objections attached to, and included, in this resolution. for 1 minute and to revise and extend were raised against public prayers two Provided, That the construction of this his remarks.) centuries ago, Congress quickly project does not exceed construction bench- Mr. MCGOVERN. Madam Speaker, in learned that prayer was a unifying marks as established by the General Services 1999, militias, armed and supported by rather than a dividing force. Now, two Administration. the Indonesian military, rampaged centuries later, we still benefit from BUD SHUSTER, through East Timor because the people what they learned 226 years ago today. Chairman. of East Timor voted for freedom and July 26, 2000. f independence. One year later, the militias are on TAKE HEED REGARDING ELECTRIC CONSTRUCTION: UNITED STATES COURTHOUSE, UTILITY DEREGULATION FRESNO, CALIFORNIA the rampage again. Today, pro-Indo- Resolved by the Committee on Transportation nesia militias killed at least three (Mr. FILNER asked and was given and Infrastructure of the U.S. House of Rep- United Nations refugee workers in permission to address the House for 1 resentatives, That pursuant to Section 7 of West Timor. minute and to revise and extend his re- the Public Buildings Act of 1959, (40 U.S.C. Over 100,000 refugees from East marks.) § 606), appropriations are authorized for the Timor remain trapped in squalid ref- Mr. FILNER. Madam Speaker, I re- construction of a 428,376 gross square foot ugee camps in West Timor, under the turned home, like all of my colleagues, United States courthouse including 112 in- control of the militias. These U.N. to my district in August. And what did side parking spaces, located in Fresno, Cali- fornia, at an additional design cost of workers were providing much-needed I find in my hometown of San Diego? $820,000, at a management and inspection relief to these refugees. In a word, disaster. cost of $4,596,000, and estimated construction Let me tell my colleagues how they San Diego is the first area of Cali- cost of $107,141,000 for a combined cost of died. A mob of thousands of militia- fornia to fully deregulate its electrical

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17136 CONGRESSIONAL RECORD—HOUSE September 6, 2000 utility industry. The result is that in nese general, then it was the Chinese INTERNATIONAL CHILD just 3 months the double and tripling Communist party, and then along came ABDUCTION of electrical rates by the price-gouging another 96 Chinese nationals. And they (Mr. LAMPSON asked and was given electrical generators; seniors on fixed all had one thing in common: They all permission to address the House for 1 incomes wondering whether to turn up made illegal contributions to the minute.) their air conditioning or pay for their Democratic National Committee. Mr. LAMPSON. Madam Speaker, I medicines; small businesses wondering rise today on my continued effort to how long they can hold out; hospitals, b 1415 bring to the attention of this House my libraries, youth centers, schools, the deepest concern for the American fami- And after all that, the Justice De- military, all their budgets thrown into lies destroyed by cases of international partment said no investigation is war- turmoil. child abduction. ranted. While the State legislature has just Today I will share with my col- administered a Band-Aid to stop the Now, if that was not enough to tip off leagues the story of Ms. Ildiko bleeding, we need stronger and longer- Barney Fife, my colleagues, task force Gerbatsch and her two daughters, lasting action. I am asking the House chairmen LaBella and Conrad and FBI Naomi, 13, and Isabelle, 10. today to pass legislation to roll back Director Louis Freeh all recommended In the summer of 1997, Naomi and the wholesale rates for electricity in an independent counsel for the matter Isabelle visited their father in Ger- the western region and roll those back and Janet Reno said no. She said no many. At the end of the children’s retroactively. Those who have gouged three times, my colleagues. visit, their father failed to return them our consumers for more than $350 mil- Beam me up. to their mother in the United States. lion in the last 3 months should pay Janet Reno has betrayed America. After 3 years of legal disputes costing the bill for their actions. Congress should demand immediately We need to take this action now. So, close to $100,000 in legal fees, the moth- an investigation into both this Chinese my colleagues, welcome back, but look er now has full custody of both chil- money laundry business and, number closely at San Diego. We are the poster dren, but only on paper. two, Janet Reno. Ms. Gerbatsch has only been allowed children for the nation. Many of my colleagues have deregulation bills in I yield back the statement of the CIA to visit with Naomi and Isabelle on their States and we have deregulation that, as we speak, Chinese missiles are three occasions. She has been mis- bills on our floor. Deregulation cannot pointed at us. treated by the German courts, who work when the basic commodity is con- have failed to comply with the Hague trolled by monopolies. Take heed, Con- f Treaty. gress. Madam Speaker, I come to the floor for these daily 1-minutes because I care ESTATE TAX f about families and reuniting children DEATH TAX OVERRIDE (Mr. EHLERS asked and was given and parents. Let us make it our duty to (Mr. BALLENGER asked and was permission to address the House for 1 place pressure on countries who are given permission to address the House minute and to revise and extend his re- Hague signatories and who choose not for 1 minute and to revise and extend marks.) to abide by that agreement. his remarks.) Mr. EHLERS. Madam Speaker, when I urge my colleagues to join me in Mr. BALLENGER. Madam Speaker, I was a young lad, I grew up succes- spreading the message and taking a re- author Pearl S. Buck once wrote, ‘‘Our sively in two different farming vil- sponsible role in bringing our children society must make it right and pos- lages. One had 800 occupants. Another home. sible for old people not to fear the had 200. And I became acquainted with f the work of the farmers. They work young or to be deserted by them, for SAVING SOCIAL SECURITY AND very, very hard. They struggle to build the test of a civilization is the way IMPROVING EDUCATION IN their farms. They reinvest in their that it cares for its helpless members.’’ AMERICA Yet our Nation’s tax policies do desert farms. And when they die, they want to the elderly. leave it to their children. (Mr. SMITH of Michigan asked and The IRS bureaucrats tax seniors who But unfortunately, because of some- was given permission to address the work, scrimp, and save all their lives thing called the death tax, established House for 1 minute and to revise and to build a business or a family farm. in order to finance World War I, they extend his remarks.) Their property and profits are taxed frequently are not able to leave that Mr. SMITH of Michigan. Madam yearly. They even pay taxes on their farm to their children. Speaker, over the last month, I held many town hall meetings, meetings employees. And what is the result? The death tax can be as high as 55 or with constituents across the 7th Con- Upon the death of the owner, a success- 60 percent. They simply cannot afford gressional District of Michigan. ful business is hit with a death tax of to pay the tax in order to keep the Two priority issues that seem to up to 55 percent of the business’ worth. farm. They do not have the cash. Their come from those meetings as a mes- Most family businesses cannot survive money is tied up in the land. such crippling taxes, and families are sage to me to bring back to Wash- We passed a bill in the House and the ington was making sure we save Social forced to sell. Senate to get rid of the death tax. The The death tax is uncivilized. Let us Security, not only a concern of the sen- President vetoed that plan. He and the iors but a concern of their kids and override the Clinton veto of the death Democrats in this Chamber argue that tax. their grandkids. this is a tax cut for the rich. They Secondly was somehow doing a better f should go talk to some farmers. They job to improve education to make sure CONGRESS SHOULD LOOK INTO will find out they are not rich. Their every child has the opportunity to CHINESE MONEY LAUNDERING money is tied up in the land. It is not learn to their maximum potential. SCHEME AND ATTORNEY GEN- in their wallets. So I challenge myself and I challenge ERAL’S REFUSAL TO INVES- I urge that we override the Presi- my colleagues to give education a top TIGATE dent’s veto and make things right for priority, to get the money out of Wash- (Mr. TRAFICANT asked and was these people. ington and into the district. given permission to address the House The rich escape the estate tax. They In terms of Social Security, we must for 1 minute and to revise and extend have attorneys who show them all the have provisions that make sure that his remarks.) ways to get rid of it. The farmers can- that generation that works so hard, Mr. TRAFICANT. Madam Speaker, not afford to hire those attorneys. that did so much, that sacrificed, that something stinks. First it was the Chi- I urge an override of the veto. saved string, that saved tinfoil are not

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17137 deprived of the Social Security that The Congress, the Clinton adminis- order at any time today for the Speak- they have been promised by this Con- tration, and the next administration er to entertain motions to suspend the gress. Let us make that effort. must do more to stand up for those who rules and pass the following bills: In the last 71⁄2 years, this administra- are persecuted or suffer because of H.R. 4884, H.R. 4534, H.R. 4615, H.R. tion has failed to give us the leadership their religious faith. 3454, H.R. 4484, H.R. 2302, H.R. 4448, and to solve those problems. H.R. 4449. f Madam Speaker, over the last month, I held The SPEAKER pro tempore (Mrs. many town hall meetings, and forums with PRESIDENT CLINTON’S TRAVEL BIGGERT). Is there objection to the re- constituents across the 7th Congressional Dis- EXCESSES quest of the gentlewoman from Mary- trict of Michigan. (Mr. STEARNS asked and was given land? There was no objection. Two priority issues that came up in most permission to address the House for 1 every meeting was Education and Social Se- minute and to revise and extend his re- f curity. Making sure we save Social Security, marks.) ANNOUNCEMENT BY THE SPEAKER was not only a concern of the seniors but a Mr. STEARNS. Madam Speaker, re- PRO TEMPORE concern of younger workers. member back in 1992 when President Parents were concerned about the K The SPEAKER pro tempore. Pursu- Clinton was criticizing then President through 12 education for their kids; somehow ant to the provisions of clause 8 of rule Bush for his travels around the world? doing a better job to improve education to XX, the Chair announces that she will And remember in the Democrat Con- make sure every child has the opportunity to postpone further proceedings today on vention they had T-shirts that said, learn to their maximum potential. each motion to suspend the rules on So I challenge myself and I challenge my ‘‘George Bush’s around-the-world which a recorded vote or the yeas and colleagues to give education a top priority, to tour’’? nays are ordered, or on which the vote get the money out of Washington and into the Well, it has been 8 years. Let us look is objected to under clause 6 of rule class room so educators and parents can de- at the record. President Clinton has XX. cide how best to use it. been one of the most widely traveled of Such record votes, if postponed, will In terms of Social Security, we must have all Presidents, according to the Wash- be taken after debate has concluded on provisions that make sure that that generation ington Post. He has traveled with huge all motions to suspend the rules, but that worked so hard, that did so much, that entourages. He has spent almost $300 not before 6 p.m. today. million just in the last 3 years. And sacrificed, that saved string, that bundled tin- f foil for the war effort are not deprived of the while his term is ending, President WILLIAM S. BROOMFIELD POST Social Security that they were promised. Let Clinton decided to go on one more OFFICE BUILDING us make that effort. worldwide tour while he still was on In the last 71⁄2 years, this administration has the taxpayers’ tab. Mrs. MORELLA. Madam Speaker, I failed to give us the leadership to solve those According to the GAO, Clinton and move to suspend the rules and pass the problems. Let us do better in the future. other government officials had been on bill (H.R. 4884) to redesignate the facil- f 159 trips in the last 3 years. ity of the United States Postal Service Mr. President, it is time to come located at 200 West 2nd Street in Royal STATE DEPARTMENT ANNUAL RE- home and tend to business. Oak, Michigan, as the ‘‘William S. PORT ON INTERNATIONAL RELI- f Broomfield Post Office Building.’’ GIOUS FREEDOM The Clerk read as follows: (Mr. WOLF asked and was given per- PRESCRIPTION DRUG PLANS Be it enacted by the Senate and House of Rep- mission to address the House for 1 (Ms. NORTON asked and was given resentatives of the United States of America in minute and to revise and extend his re- permission to address the House for 1 Congress assembled, marks.) minute and to revise and extend her re- SECTION 1. REDESIGNATION. The facility of the United States Postal Mr. WOLF. Madam Speaker, the marks.) State Department’s Annual Report on Service located at 200 West 2nd Street in Ms. NORTON. Madam Speaker, after Royal Oak, Michigan, and known as the International Religious Freedom was the Bush press conference yesterday, released yesterday. Royal Oak Post Office, shall be known and there are now competing prescription designated as the ‘‘William S. Broomfield Among the countries that continue drug plans from the candidates. But for Post Office Building’’. to stand out because of their horrible the elderly or the baby-boomers, the SEC. 2. REFERENCES. record on religious freedom are China competition is already over. Any reference in a law, map, regulation, and Sudan. The Bush plan is a fundamental, document, paper, or other record of the The report says of China: ‘‘Govern- third-rail change from universally United States to the facility referred to in ment respect for religious freedom in section 1 shall be deemed to be a reference to available benefits the way Social Secu- China deteriorated, as the persecution the ‘‘William S. Broomfield Post Office rity and Medicare have always been to of several religious minorities in- Building’’. a low-income benefit more like welfare. creased.’’ The SPEAKER pro tempore. Pursu- Such groups as Tibetan Buddhists, If they have little money, they get it; ant to the rule, the gentlewoman from otherwise, they do not. Muslims, Falun Gong practitioners, Maryland (Mrs. MORELLA) and the gen- I represent a lot of lower-income sen- and unofficial Protestants and Roman tleman from Maryland (Mr. CUMMINGS) Catholics were subject to harassment, iors who will be taken care of by either each will control 20 minutes. extortion, prolonged detention, phys- both the Bush or the Gore plan. But I The Chair recognizes the gentle- ical abuse, and incarceration in prison am not about to support a plan that woman from Maryland (Mrs. MORELLA). leaves out my many middle-income or reeducation camps through labor, GENERAL LEAVE while the State Department says that seniors who are in the same boat when Mrs. MORELLA. Madam Speaker, I there are credible reports that the Chi- it comes to expensive drugs. ask unanimous consent that all Mem- nese Government beat and tortured Governor Bush cannot restructure bers may have 5 legislative days within these people of faith. Medicare by restructuring the middle which to revise and extend their re- Also, in Sudan, it says the Muslim- class out of it. marks on H.R. 4884. dominated regime continued to per- f The SPEAKER pro tempore. Is there secute members of different religious objection to the request of the gentle- MAKING IN ORDER CERTAIN MO- minorities, Christian and Muslim. woman from Maryland? The report says that much of the TIONS TO SUSPEND THE RULES There was no objection. world’s population lives in countries in ON TODAY Mrs. MORELLA. Madam Speaker, I which the right to religious freedom is Mrs. MORELLA. Madam Speaker, I yield myself such time as I may con- restricted or prohibited. ask unanimous consent that it be in sume.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17138 CONGRESSIONAL RECORD—HOUSE September 6, 2000 Madam Speaker, I commend the We seek to pass bills which name that both Republicans and Democrats sponsor of this legislation, the gen- eight post offices after a number of dis- stand together to honor this fine man. tleman from Michigan (Mr. KNOLLEN- tinguished Americans. Collectively, we As was mentioned, Bill Broomfield BERG), for introducing this legislation, will honor two former Members of Con- was born in Royal Oak, Michigan back H.R. 4884, introduced on July 19, 2000, gress, a pastor, the first African Amer- in 1922; went on to Michigan State Uni- that designates the facility of the ican chaplain, a POW, an assembly- versity, then known as Michigan State United States Postal Service located at man, and the first African American College; and he has been serving ably 200 West 2nd Street in Royal Oak, municipal court judge and a fine uni- in the Michigan legislature and in Con- Michigan, as the ‘‘William S. Broom- versity educator and administrator. I gress for, as has been mentioned, over field Post Office Building.’’ look forward to the swift passage of 40 years. He was first elected to Con- This legislation has the support of all these measures, as H.R. 4884. gress in 1956, the same time as the sec- members of the House delegation from This bill, which redesignates a post ond Eisenhower administration; and he the State of Michigan, pursuant to the office after William S. Broomfield, was did not stop serving his constituents policy of the Committee on Govern- introduced by the gentleman from until his retirement from this body in ment Reform. Michigan (Mr. KNOLLENBERG) on July 1992, a span of 36 years. During his ten- Madam Speaker, it is my privilege to 19, 2000. ure, he served with eight different speak briefly on the former Member of Mr. Broomfield was born in Royal presidents. Congress and my friend, William S. Oak, Michigan, and graduated from During his tenure, Bill Broomfield Broomfield, for whom I was privileged high school and attended Michigan was the hallmark of bipartisanship and to serve for 6 years. State College. He served in the United a self-defined consensus builder. He Mr. Broomfield was born in Royal States Army Air Corps and was a mem- served as a member of the Foreign Af- Oak, Michigan, and graduated from ber of the Michigan State House and fairs Committee, later named the Michigan State College, now known as Senate. He was elected to the 85th Con- International Relations Committee, Michigan State University. He served gress in 1956 and represented the 18th where he helped craft America’s for- in the United States Army Air Corps Congressional District until his retire- eign policy during the critical Cold during the Second World War and then ment in 1992. War era. He served as the ranking went into the real estate and property Former Congressman Broomfield was member of this committee from the management business. a member of the Committee on Inter- mid-1970s until his retirement from Bill, as he continues to be known by national Relations and widely recog- this body. He was also the point person his friends and by those whom he has nized as a consensus builder. He rep- in Congress for many of the foreign represented, was elected to the Michi- resented his constituents for well over policy initiatives championed by Presi- gan State House of Representatives 40 years and is still involved in local dents Reagan and Bush. From Nica- from 1949 to 1954. He served as speaker charity work. ragua to the Persian Gulf to Eastern pro tem in 1953. He was then elected to I urge the swift adoption of this Europe to North Korea, he led the the State Senate in 1955 and 1956. measure. charge in Congress for the foreign pol- In January 1957, Michigan’s 18th dis- Madam Speaker, I reserve the bal- icy that ultimately won the Cold War. trict elected him to the 85th Congress. ance of my time. For this effort, Michiganders and He served for 17 succeeding Congresses Americans everywhere owe him a tre- b 1430 until January 1992, when he voluntarily mendous debt of gratitude. The history retired. Mrs. MORELLA. Madam Speaker, I books may credit Reagan and Bush During his tenure in Congress, Rep- am pleased to yield such time as he with bringing down communism, but resentative Broomfield served as a may consume to the gentleman from make no mistake, it should also men- member of the Committee on Foreign Michigan (Mr. KNOLLENBERG), the chief tion Bill Broomfield in the same breath Affairs and was ranking member from sponsor of this bill. for his outstanding contribution to the 1975 until his retirement in 1992. Mr. KNOLLENBERG. Madam Speak- effort that won the Cold War. After retirement, Bill Broomfield er, I thank the gentlewoman from Bill Broomfield was also a careful started a foundation in Michigan that Maryland (Mrs. MORELLA) for yielding keeper of Congress’s prerogatives in supports various charities in southeast me this time. I want to begin also by foreign policy. He made sure that the Michigan, including the efforts to cure thanking the gentleman from New legislative branch of government ful- cancer, spina bifida, Alzheimer’s, and York (Mr. MCHUGH) for bringing this filled its constitutional duty and that the Salvation Army. bill to the floor today. I also want to the President consulted with law- Mr. Broomfield is now a resident of thank the ranking member, the gen- makers. For example, Mr. Broomfield Lake Orion, Michigan. It is fitting that tleman from Pennsylvania (Mr. ensured that President Bush would a post office be named after William S. FATTAH), for his valuable assistance as consult with Congress when the chief Broomfield in Royal Oak, the birth- well; and I appreciate the gentleman executive ordered a massive troop place of this dedicated and respected from Maryland (Mr. CUMMINGS) being buildup in Saudi Arabia in response to public servant. with us during this debate today. Iraq’s aggression in Kuwait. When I wholeheartedly endorse this resolu- I rise to pay much deserved tribute President Bush did come to Congress, tion and urge all of our colleagues to to Congressman William S. Broomfield Bill Broomfield supported his efforts. support this bill, H.R. 4884, honoring who is so endearing and personable He said, ‘‘We must give the President Bill Broomfield, a gentleman and a col- that he was known to his constituents the power he needs to convince Saddam league and a friend of many in this simply as Bill. And Bill Broomfield is that he has no other alternative.’’ House. here with us today. I stand before the Think about all the changes in Amer- Madam Speaker, I reserve the bal- House as the sponsor of H.R. 4884, legis- ica that Bill Broomfield had the privi- ance of my time. lation that has been described as nam- lege of witnessing firsthand during his Mr. CUMMINGS. Madam Speaker, I ing the post office building at 200 West 36-year tenure in this body. He has seen yield myself such time as I may con- Second Street in Royal Oak, Michigan the rise and fall of Soviet totali- sume. in honor of my friend and predecessor. tarianism. He has seen man reach the Madam Speaker, as a member of the I am pleased to report to my col- Moon and Jim Crow fall. He helped House Committee on Government Re- leagues that the entire Michigan House move the U.S. post-war era economy to form, I am pleased to join my friend delegation has not only signed on as the brink of the technological revolu- and fellow committee member, the cosponsors but as original cosponsors tion. gentlewoman from Maryland (Mrs. of this bill. Madam Speaker, Bill As we move into the 21st century, we MORELLA), in the consideration of Broomfield is so well respected by his should not forget the legacy of those these postal-naming bills. colleagues on both sides of the aisle who helped us get there and Bill

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17139 Broomfield was at the forefront of that record number of terms is testimony to in his last year in 1992. In 1957, my crusade. Just because he retired from the impact you have made on the lives brother, who was a jet pilot, was killed elective office did not mean that he of all whom you have served so well in Asia. All of his personal effects had stopped serving the public. In fact, he over the years,’’ and also former Presi- been lost coming back to Michigan. started a foundation that supports dent Ronald Reagan who said, ‘‘It was Chan’s wife, Bonnie, and I went to Bill many causes and charities throughout an honor to have you ‘on my team.’ Broomfield. Bonnie is from Royal Oak. southeast Michigan, including the Sal- Through your dedication, you have es- And so this new freshman Congressman vation Army and efforts for fighting tablished a distinct record of commu- pushed ahead, found Chan’s personal ef- cancer, Alzheimer’s and spina bifida. nity service that has so intimately fects and got them back to us. Bill Broomfield is Royal Oak’s favor- been dedicated to your fellow man.’’ Again when I was first elected in ite son and a true man of the people. During those years, the Carter years 1992, I won a tough primary, did not He loves the people that he served for and the Reagan years, as noted, Bill have any final opposition in the gen- and they have love, admiration and re- Broomfield was on Foreign Affairs and eral, and came to Bill Broomfield who spect for him. I also want to mention became ranking there. And they were had been a friend in between to help his devoted wife of so many years, years of controversy, as Bill Broom- give me some guidance on learning to Jane, who was so active in the commu- field remembers so well. I was there be a good Congressman. What struck nity. From the middle of the Eisen- during many of these controversies. El me as significant is Bill said, ‘‘Look, hower era to the beginning of the Clin- Salvador, just among some of them, one of the things I try to do the best I ton administration, Bill Broomfield the nuclear weapons freeze, Lebanon, can is responding honestly and quickly was a gentleman in every sense of the issues relating to Greece and Turkey, to mail coming in from constituents.’’ word and an example of everything and even though often we were on dif- At that time the Congressman had a that is good and decent in public serv- ferent sides, there was always this ef- turnaround time for 98 percent of his ice and this institution. Naming the fort to find a consensus and, most im- mail of 24 hours. So he had set a target. post office in his hometown of Royal portant, an air and reality of civility. Do we not all wish we had a 24-hour Oak is just one way we can pay tribute Truly, Bill, has been a public servant, turnaround time that we could give to this fine man. a wonderful public servant in terms of that kind of attention and dedication I urge support for the bill. your dedication. I first represented to mail? He did that. I have tried to Mr. CUMMINGS. Madam Speaker, I Royal Oak in 1982 in the Congress. That achieve it. yield myself such time as I may con- was 10 years after Bill Broomfield no Here is a gentleman that has guided sume. longer represented his home city Royal us through foreign policy decisions for I want to thank the gentleman from Oak. But everywhere I went in those his 36 years in the United States Con- Michigan (Mr. KNOLLENBERG) for spon- early years, Bill Broomfield was fondly gress, from the problems of Soviet in- soring this legislation. The thought remembered and still remains such. vasion in Hungary, their invasion of came to my mind of something that As mentioned, he was born in Royal Czechoslovakia, Nicaragua, the Persian Voltaire said. He said, ‘‘He who give Oak, he was raised in the city of Royal Gulf, Eastern Europe, Iran, Iraq, the not thanks to man give not thanks to Oak, he went to schools there, several problems with North Korea. We should God.’’ And so it is quite appropriate of which have been torn down, some be consulting with him on a regular that we do this this afternoon. near where we now live. He represented basis for our current international af- Madam Speaker, I am very pleased to the Royal Oak area in the State and fairs. Bill Broomfield, again, congratu- yield 5 minutes to the gentleman from then the Federal legislatures for al- lations. I am proud to be a cosponsor of Michigan (Mr. LEVIN). most 25 years. So in a word, it is highly this legislation. Mr. LEVIN. Madam Speaker, I thank fitting today that the post office in Mr. SMITH of Michigan. Madam Speaker, in the gentleman from Maryland (Mr. Royal Oak be named after Bill Broom- behalf of this House, we welcome the Honor- CUMMINGS), the gentlewoman from field. It marks, this designation, the able Bill Broomfield to this Chamber again, to Maryland (Mrs. MORELLA), the gen- service of Bill Broomfield and his wife his old stomping grounds. Bill helped me when tleman from Michigan (Mr. KNOLLEN- Jane on behalf of the citizens of Royal he was first elected to office in 1957, in his BERG) and everybody else who has Oak. Royal Oak has grown mightily first year, and he helped me again in his last joined together for this happy moment. these last 10, 15 years, so much so that year in 1992. In 1957, my brother, Chan, who And that it is. I first knew Bill Broom- I think Bill’s beloved parents would was a jet pilot, was killed in Asia. All of his field as a constituent. My wife and I hardly recognize it. But Royal Oak has personal effects had been lost coming back to moved to Berkley in 1957. Bill Broom- remained, in a sense, as it was and it Michigan. Chan’s wife, Bonnie, who was from field was Congressman while we lived has retained its roots, and the post of- Royal Oak, and I went to Bill Broomfield. And there through 1972 when the districts fice is an important institution within so this new freshman Congressman pushed changed. this community. ahead, found Chan’s personal effects and got I also came to know Bill Broomfield So I say to you, Bill Broomfield, it is them back to us. as a competitor, in a sense. In the early a pleasure to join so many others in Again when I was first elected in 1992, I 1960s, I was the county chair of the this effort today. We feel especially went to Bill Broomfield who had been a friend Democratic Party; and then in 1968, I pleased that you are here, healthy and to help give me some guidance on learning to was the State chair. And we tried very continuing in service to the commu- be a good Congressman. What struck me as hard to defeat Bill Broomfield. So I nity. This is a joyful moment for us all. significant is Bill said, ‘‘Look, one of the things knew him as a competitor. And then I I am sure this institution will rise to- I try to do the best I can is responding hon- had the privilege, beginning in 1982, to gether in naming the post office of estly and quickly to mail coming in from con- know Bill as a colleague. And through- Royal Oak after a distinguished, dedi- stituents.’’ At that time the Congressman had out all of these relationships, his char- cated public servant, William S. a turnaround time for 98 percent of his mail of acteristics were constant, a dedicated Broomfield. 24 hours. So he had set a target and achieved public servant, honest to the core, Mrs. MORELLA. Madam Speaker, I it. Do we not all wish we had the ability to re- hardworking in DC, and at home; and am pleased to yield 2 minutes to the spond to constituent inquiries in a 24-hour when I was the Democratic chair I gentleman from Michigan (Mr. SMITH). turnaround time; that we could give that kind thought he was too hardworking. It Mr. SMITH of Michigan. Madam of attention and dedication to mail? He did also was so characteristic that in all of Speaker, in behalf of this House, we that. I have tried to follow his advice and ex- his relationships, there was a complete welcome the Honorable Bill Broomfield ample. civility. to this Chamber again, to his old Here is a gentleman that has guided us I think these characteristics were Chamber. Bill helped me when he was through foreign policy decisions for his 36 well noted upon Bill’s retirement, first first elected to office in 1957 when he years in the United States Congress, from the by President Carter who said, ‘‘Your first came in, and he helped me again problems of Soviet invasion in Hungary, their

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 9920 E:\BR00\H06SE0.000 H06SE0 17140 CONGRESSIONAL RECORD—HOUSE September 6, 2000 invasion of Czechoslovakia, the problems in Bill Broomfield, who we are pleased should play a much more active role, Nicaragua, the Persian Gulf, Eastern Europe, is with us today and in this Chamber, similar to what they did a number of Iran, Iraq, the problems with North Korea. Bill was first elected to the Congress in 1956 years ago during and following World is still an excellent consultant for our current and meritoriously served his constitu- War II. He was a careful keeper of Con- international challenges. Bill Broomfield, again, ents of Michigan’s 18th district for gress’ prerogatives in foreign policy, congratulations. I am proud to be a cosponsor some 36 years, until he retired in 1992. and he served well and honorably in so of this legislation honoring you. As a member of Committee on Inter- many ways, not only in the Committee Mr. CUMMINGS. Madam Speaker, I national Relations, earlier known as on Foreign Relations, but in other yield 3 minutes to the distinguished the Committee on Foreign Affairs, I ways and particularly in service to his gentleman from Ohio (Mr. TRAFICANT). had the distinct pleasure of serving constituents. Mr. TRAFICANT. Madam Speaker, I with Bill for many years, where, as our I had no idea when I moved to Michi- commend both the gentleman from ranking member, Bill Broomfield gan in 1967 that I would some day be Maryland (Mr. CUMMINGS) and the gen- helped to establish our Nation’s foreign serving in this House. In fact, I had no tlewoman from Maryland (Mrs. policy during the critical Cold War pe- intention of doing so, but I am pleased MORELLA) for bringing this to the floor riod. to be here to try to carry on the work and for the committee. It is good to see It was during all of those years in and fulfill the legend that Mr. Broom- our good friend Mr. Broomfield here. I working with Bill that I experienced field established for Michigan, for his want to commend the gentleman from Bill Broomfield’s unique ability to district and for this country. He is an Michigan (Mr. KNOLLENBERG) for the bring our Members of Congress to- honorable person who did an out- legislation. gether as he sought to build a con- standing job for his country, and we I heard comments earlier of what a sensus on numerous important issues are here today to show our apprecia- competitor he was. Bill Broomfield was championed by then President Reagan tion for what he has done for us. not just a competitor. He was a con- and President Bush. Mr. CUMMINGS. Madam Speaker, I summate winner, a winner for Royal Accordingly, I urge all of our col- yield myself such time as I may con- Oak, a winner for Michigan, a winner leagues to support this resolution that sume. for the United States of America, and appropriately honors former Congress- Madam Speaker, I did not have the with his distinguished record if you man Bill Broomfield and the constitu- opportunity to serve with Congressman take the time to really look at it, he ents he served so well for so long in the Broomfield, but the gentleman from was a winner for the entire world. 18th District of Michigan. Michigan (Mr. DINGELL), who wanted to Just earlier I was here. I did not Mr. CUMMINGS. Madam Speaker, I be here today but is tied up in a con- know this bill was scheduled. Mr. reserve the balance of my time. ference committee, told me that Mr. Broomfield came over. He is a dear Mrs. MORELLA. Madam Speaker, I Broomfield is probably one of the friend to all of us and always has time yield 5 minutes to the gentleman from greatest public servants he served for everyone. He said, I just wish that with. One of the things that he said is Michigan (Mr. EHLERS). my parents could be here today. I want Mr. EHLERS. Madam Speaker, I did that no matter how difficult the argu- to say on the House floor, his parents not have the pleasure of working with ments became, no matter how heated, are here today; they are here in you. Mr. Broomfield, but I do want to offer he always knew that he was speaking And all of your family that will follow some testimonials based on the infor- from his heart and synchronizing his will benefit from the fact that they mation I have as a fellow Michiganian. conscience with his conduct, and per- will see the great contributions of your I think it is entirely appropriate that haps that is the type of example that parents and you and your family as we name the post office in Royal Oak we here now serving should follow. So it is indeed my honor to salute this post office is named on your be- in honor of this gentleman. For years him. And I can say this for all of our half. he carried the mail for the Republicans honorees today, the people that we will b 1445 in the Congress and also for the Repub- be honoring, Madam Speaker, when I licans in the White House. And even This is truly fitting, and it is an asked a fellow Marylander how it felt honor that is justly deserved; and I am while he was carrying the mail for the to have a post office named after him, proud to be a part of this today and President, very often he also had the and his name is Sam Lacey, one of the wish you and your family the very courage, when he thought the mail was great sports writers, he broke out into best. inappropriate or not addressed prop- tears, and he said just the idea that Mrs. MORELLA. Madam Speaker, I erly, to stand up to the Presidents and children yet unborn will walk past that yield 4 minutes to the gentleman from say, wait a minute, I think you are post office and see my name and they New York (Mr. GILMAN), chairman of going down the wrong track; I think simply will ask the question, who was the Committee on International Rela- you have to rethink this and do it dif- he? And if someone can simply answer tions. ferently. Frequently, they were willing with a smile that he was a great man Mr. GILMAN. Madam Speaker, I to listen. and that he touched this earth and thank the gentlewoman from Maryland He is a man of honor, a man of good made it better, then that makes me (Mrs. MORELLA) for yielding the time service, and a man of good political happy. to me. sense. My first acquaintance with him I am sure Congressman Broomfield Madam Speaker, I am pleased to rise was when I first moved to Michigan in can say the same thing, and so we take today in strong support of H.R. 4884, 1967. He had then been in office 11 this moment to honor him and honor designating the facility of the United years; he had taken office when I was the people of Michigan. States Postal Service located at 200 just entering graduate school. But soon Madam Speaker, I yield back the bal- West Second Street in Royal Oak, after I came to Michigan, I began read- ance of my time. Michigan, as the William Broomfield ing about him in the papers; and I Mrs. MORELLA. Madam Speaker, I Post Office Building. And I commend thought that this is a man who knows yield myself such time as I may con- the gentlewoman from Maryland (Mrs. what he is doing and knows how to do sume. MORELLA) and the gentleman from it right, and my judgment was correct. Again, I am very honored to be here Michigan (Mr. KNOLLENBERG) for bring- I am sorry that I was not able to with this bill that I support so strong- ing this resolution to the floor, along serve with him. I arrived in the Con- ly, H.R. 4884, honoring our former with the gentleman from New York gress only 11 months after he left, but Member of Congress, Bill Broomfield. (Mr. MCHUGH), chairman of the Sub- his legend has persisted; and I have ap- He was indeed, as we have heard, a coa- committee on Postal Service, and the preciated him, particularly his excel- lition builder, someone who was always gentleman from Maryland (Mr. lence in foreign affairs, something in fair, a gentle man and always who re- CUMMINGS) for bringing this to our at- which I personally believe the Con- spected all of his colleagues and re- tention today. gress, both the House and the Senate, spected the people that he represented

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17141 and very committed to the work of interest on matters of foreign policy. GENERAL LEAVE making America as best as could be During his time as a senior member of Mrs. MORELLA. Madam Speaker, I done. the Foreign Affairs Committee, this ask unanimous consent that all Mem- Madam Speaker, I congratulate all of nation faced numerous crises—the bers may have 5 legislative days within us for the idea of having a post office Cuban missile crisis, the Vietnam War, which to revise and extend their re- named for Bill Broomfield, and I con- the Soviet invasion of Afghanistan, marks on H.R. 4534, as amended. gratulate him and Mrs. Broomfield. turmoil in Latin America, and the col- The SPEAKER pro tempore. Is there Mr. DINGELL. Madam Speaker, I lapse of the Soviet empire. In each in- objection to the request of the gentle- rise today in support of the gentleman stance, Bill Broomfield’s first thought woman from Maryland? from Michigan’s resolution, and in was toward the U.S. national interest. There was no objection. honor of a fellow Michigander, William Thus the designation of this Post Of- Mrs. MORELLA. Madam Speaker, I Broomfield, with whom I had the privi- fice Building with his name in his yield myself such time as I may con- lege of serving with in this body for home town is certainly one way his sume. thirty-six years. William Broomfield colleagues and newer Members of Con- Madam Speaker, I want to commend was born in Royal Oak, Michigan and gress can appropriately recognize the the sponsor of this legislation, the gen- represented it in Congress with distinc- outstanding contributions he made to tleman from North Carolina (Mr. tion. It is only fitting that the city’s America while a Member of the U.S. BURR), for introducing H.R. 4534. The post office be named in his honor. House of Representatives. bill was introduced on July 19 of this William Broomfield was a man of Madam Speaker, obviously, this year and is cosponsored by each mem- principle and foresight. Moreover, he Member encourages his colleagues to ber of the House delegation from the was a dedicated and tireless public support this legislation and hereby ex- State of North Carolina. servant who honorably represented tend this Member’s appreciation of his This legislation, as amended, will residents of Michigan in our State leg- service to Bill Broomfield and his fam- designate the facility of the United islature and, most notably, in the U.S. ily. States Postal Service located at 114 House of Representatives for most of Mrs. MORELLA. Madam Speaker, I Ridge Street, Northwest, in Lenoir, his adult life. William Broomfield’s ca- yield back the balance of my time. North Carolina, as the James T. Broy- pable service to his constituents was The SPEAKER pro tempore (Mrs. hill Post Office Building. rewarded time and time again by their BIGGERT). The question is on the mo- James Thomas Broyhill was born in continual support for him as their Rep- tion offered by the gentlewoman from Lenoir, North Carolina, in 1927. He at- resentative. Maryland (Mrs. MORELLA) that the tended public schools and graduated William Broomfield was also a main- House suspend the rules and pass the from the University of North Carolina stay of the Foreign Affairs Committee. bill, H.R. 4884. in 1950 with a BS degree in business ad- As Ranking member for fourteen years, The question was taken. ministration. Later, he was elected to he was a workhorse rather than a show Mrs. MORELLA. Madam Speaker, on the 88th Congress and served until Jan- horse. He did not seek out the spot- that I demand the yeas and nays. uary 3, 1986. light, but worked tirelessly, often be- The yeas and nays were ordered. Mr. Broyhill was elected to the House hind the scenes, to help craft impor- The SPEAKER pro tempore. Pursu- of Representatives to represent the tant legislation that was amiable to ant to clause 8 of rule XX and the 10th District of North Carolina in 1962 both sides of the isle and in the best in- Chair’s prior announcement, further and was reelected to 11 succeeding Con- terests of our great country. proceedings on this motion will be gresses. During this period, he served Naming the Royal Oak Post Office postponed. as the ranking member on the Com- Building in William Broomfield’s honor f mittee on Energy and Commerce. Mr. is a proper tribute to a man who vigor- JAMES T. BROYHILL POST OFFICE Broyhill resigned his House seat in ously served his constituents and hon- BUILDING July 1986 when he was appointed to the orably served his country in doing so. United States Senate to fill the unex- Mrs. MORELLA. Madam Speaker, I As such, Mr. Speaker, I would ask my pired term of Senator James East of move to suspend the rules and pass the colleagues to support this resolution North Carolina who died unexpectedly. bill (H.R. 4534) to designate the facility and join me in honoring a good man Senator Broyhill was respected by of the United States Postal Service lo- and public servant who did much for both Houses on both sides of the aisle cated at 114 Ridge Street in Lenoir, his state and country, William Broom- as a level-headed and open-minded leg- North Carolina, as the ‘‘James T. Broy- field. islator. Mr. BEREUTER. Madam Speaker, hill Post Office Building,’’ as amended. Madam Speaker, I commend our col- The Clerk read as follows: this Member wants to express strong league, the gentleman from North H.R. 4534 support for H.R. 4884, which would Carolina (Mr. BURR), for sponsorship of name a United States Postal Service Be it enacted by the Senate and House of Rep- this legislation. I urge support of H.R. facility in Royal Oak, Michigan, as the resentatives of the United States of America in Congress assembled, 4534 by all of our colleagues. ‘‘William S. Broomfield Post Office SECTION 1. JAMES T. BROYHILL POST OFFICE Madam Speaker, I reserve the bal- Building.’’ This Member became well BUILDING ance of my time. acquainted and impressed with the de- (a) DESIGNATION.—The facility of the Mr. CUMMINGS. Madam Speaker, I cency, convictions, and leadership of United States Postal Service located at 114 yield myself such time as I may con- Representative Bill Broomfield. A Ridge Street, N.W. in Lenoir, North Caro- sume. Member of this body from 1956–1992, lina, shall be known and designated as the Madam Speaker, H.R. 4534, which Bill Broomfield served the state of ‘‘James T. Broyhill Post Office Building’’. names a post office after James T. (b) REFERENCES.—Any reference in a law, Michigan with extraordinary distinc- map, regulation, document, paper, or other Broyhill, was introduced by the gen- tion. When this Member joined the record of the United States to the facility re- tleman from North Carolina (Mr. BURR) House Foreign Affairs Committee at ferred to in subsection (a) shall be deemed to on May 24, 2000. the beginning of his 3rd term, Rep- be a reference to the ‘‘James T. Broyhill James T. Broyhill was born in resentative Broomfield, the senior Re- Post Office Building’’. Lenoir, North Carolina in 1927. He publican member of the Committee, The SPEAKER pro tempore. Pursu- graduated from the University of North gave this member great advice when ant to the rule, the gentlewoman from Carolina at Chapel Hill in 1950. He requested, support and encouragement, Maryland (Mrs. MORELLA) and the gen- served as vice president of Broyhill and most importantly an outstanding tleman from Maryland (Mr. CUMMINGS) Furniture Industries and was a member example of how a Representative can each will control 20 minutes. of the Lenoir Chamber of Commerce so capably represent their constituency The Chair recognizes the gentle- where he served as president for 2 and state, while pursuing the national woman from Maryland (Mrs. MORELLA). years.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17142 CONGRESSIONAL RECORD—HOUSE September 6, 2000 In 1962, James Broyhill was elected ment Board, the chief advisory board the gentleman from Maryland for hav- to the United States House of Rep- for the North Carolina Department of ing brought this bill to the floor. resentatives where he served until 1986. Commerce. From this post, he assisted Madam Speaker, about 25 years ago I He was the ranking member of the the State’s efforts to recruit new busi- had the pleasure of visiting my uncle House Energy and Committee on Com- ness and expand existing industries in on his Watauga County farm in the merce for a number of years. North Carolina. shadow of the Tennessee border. It was Upon the death of Senator John East, Then in 1989, at the request of Gov- late April, and there was a nip in the Congressman Broyhill was appointed to ernor Martin, Jim took on the full- air, because summertime comes late in the United States Senate by the gov- time responsibility of serving as the the Blue Ridge. ernor. He subsequently lost in his elec- Secretary of the Department of Com- He and I were walking across the cow tion bid for the Senate seat and was ap- merce, a position he held until 1991. It pasture, and I said to him, ‘‘Have you pointed to serve as the chairman of the should be noted that in the years in seen Jim Broyhill lately?’’ He instinc- North Carolina Economic Development which he was affiliated with the De- tively opened the pocket of his overalls Board. He is currently retired and liv- partment of Commerce, they saw some and removed a rumpled, worn letter ing in Winston Salem, North Carolina. of the greatest gains in economic ex- and proudly extended it to me. It was a I urge the swift adoption of this meas- pansion in North Carolina’s history. letter from Jim Broyhill addressed the ure. In 1991, Jim finally did enter retire- previous Christmas, 4 months earlier, Madam Speaker, I reserve the bal- ment; and it is fortunate for Winston- to him and his wife, to my uncle and ance of my time. Salem that he chose to be there, with his wife, wishing them a happy Christ- Mrs. MORELLA. Madam Speaker, I his wife, Louise Robbins Broyhill, who mas. I bet he had shown that letter to yield 4 minutes to the gentleman from is one of the most gracious ladies and 125 people, and he proudly put it back North Carolina (Mr. BURR), the author has always been supportive of Jim’s into his overall pocket when I returned of this legislation. ventures. They are the parents of three it to him. Mr. BURR of North Carolina. Madam children and several grandchildren. That testimony, that rumpled letter, I commend Jim today, because Jim Speaker, I thank the gentlewoman testified to me how Jim Broyhill’s con- Broyhill is a true example of what a from Maryland (Mrs. MORELLA) for stituents felt about him. He was re- public servant should be, a man more yielding the time to me. vered by all who knew him, because, concerned with doing his duty and Madam Speaker, it is indeed an Madam Speaker, he, unlike some elect- serving his country than with personal honor to be here today to ask my col- ed officials, was not a stealth rep- gain. He has built a reputation of dedi- leagues to support H.R. 4534, which was resentative. He did not all of a sudden cation and devotion to his State, his cosponsored by every member of the become accessible 5 weeks before the country, and, even in retirement, Jim North Carolina delegation. next election. He was consistently ac- Broyhill finds time to work with the cessible, consistently providing out- Jim Broyhill, along with his entire local food bank and the other organiza- standing constituency service. He is a family, has always had a sincere dedi- tions where he gives his time and his good man, and was an exceptional cation to serving the community and expertise. helping wherever there was a need. His Jim Broyhill never went in for nega- Member of Congress. Madam Speaker, I say to the gentle- parents instilled in him the importance tive campaigning. That is the type of woman from Maryland and the gen- of giving of oneself and time to help individual Jim Broyhill was, a very op- tleman from Maryland, when I next make a better place for all to live. It timistic person. was because of this desire that in 1962 Jim Broyhill’s years of service de- drive through Lenoir on my way to the Jim Broyhill first ran for the United serve some form of recognition, and the crest of the Blue Ridge Mountains, I States Congress in the old eighth dis- naming of a post office in his home- will feel just a little better as I drive trict of North Carolina. town is a small way in which we can through that little mountain town, There is a story that is told on Jim; honor the work that he has already knowing that its Post Office bears the it is still told today about that first done before us. name of Jim Broyhill, an outstanding campaign. Old timers in Alexander I urge my colleagues to vote in sup- American, an outstanding public serv- County remember the first speech that port of H.R. 4534, to rename the Lenoir ant. I know that my colleagues in the Jim Broyhill gave as a candidate. They Post Office as the ‘‘James T. Broyhill House, here in the people’s House, join said it was one of the worst speeches Post Office Building.’’ me in extending our best wishes to Jim they ever heard a political candidate Mr. CUMMINGS. Madam Speaker, I and Louise Broyhill and their family. ever give, but thank goodness Jim yield myself such time as I may con- Mrs. MORELLA. Madam Speaker, I Broyhill got better as that campaign sume. thank the gentleman from North Caro- went on. Madam Speaker, in listening to the lina for his very heartfelt comments. In time, he rose to the position of gentleman from North Carolina (Mr. Madam Speaker, I am pleased to ranking member of the Committee on BURR), and I want to thank him for yield 2 minutes to the distinguished Commerce; and with this, his influence sponsoring the legislation, but he gentleman from North Carolina (Mr. grew and his reputation for honesty, talked about Mr. Broyhill not engaging BALLENGER). for hard work grew with that. Jim in negative campaigning. I think it was Mr. BALLENGER. Madam Speaker, I Broyhill was a workhorse when serving Mother Teresa who said something so would like, first of all, to thank the in the Congress, and while he may not profound, she said always be for some- gentlewoman from Maryland for yield- have been seen on the Sunday talk thing, not against things. ing me time, and also thank the gen- shows, everyone in Washington knew I think that that says a lot for him. tleman from North Carolina (Mr. BURR) the value of what he was doing. He was for himself and for making sure for allowing me to be one of the co- In 1985, Jim announced he would run that his community was well rep- sponsors to bring this bill to the floor for the United States Senate; but be- resented and well served, and is still to name a post office after Jim Broy- fore he could, Senator East died and he doing it. So I think it is quite appro- hill. was appointed to that position. priate that we take this action today, Jim and I have been friends for years. and again I want to thank the gen- He was in Congress, from 1962 to 1986, b 1500 tleman. and during those times he was some- For the remainder of the year after Mrs. MORELLA. Madam Speaker, I times unopposed. I can remember one losing that Senate race, Jim could am pleased to yield 4 minutes to the time, because he was so strong in the have gone into retirement, but he did gentleman from North Carolina (Mr. Republican Party, when things got bad, not do it. He continued to serve and COBLE). we needed somebody to run against was appointed in 1987 as the chairman Mr. COBLE. Madam Speaker, I thank Jim Broyhill so that he would cam- of North Carolina Economic Develop- the gentlewoman from Maryland and paign. I do not say I did this, but I was

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17143 accused of it, in fact he was unopposed he said there was not a finer Member of worked vigorously to ensure that the com- until about 3 weeks before the election, Congress than Jim Broyhill, because he mittee passed effective legislation for the good and some strange, kind of a, I want to was a man of quality and a man of in- of this country. say some sort of a nut from Western tegrity. Jim Broyhill was well respected by both con- North Carolina, filed against him. Jim So I think the fact that my friend, stituents and colleagues for his integrity, kind- Broyhill called me up on the telephone the gentleman from North Carolina ness and ability to get things done. Renaming and said, ‘‘Cass, you paid that guy to (Mr. BURR), has offered H.R. 4534 and the Lenoir Post Office in honor Jim Broyhill is run against me.’’ the committee has brought it to the a proper tribute to a good man and public I would like to tell Jim right here floor is a special day, not only for Jim servant who did much for his state and coun- and now I did not do that, but I Broyhill and his family, but also the try. thought it was a wonderful idea for citizens of North Carolina, because I Mr. ETHERIDGE. Madam Speaker, I rise whoever did do it. think too many times, as the gen- today to urge my colleagues to support H.R. Another thing about Jim Broyhill, it tleman from North Carolina (Mr. BURR) 4534, a bill to designate a facility of the United was his unbelievable memory of people. said in his comments, too many times States Postal Service as the James T. Broyhill I have campaigned with him many the people do not realize there are Post Office Building. This legislation, which times, and he would walk up to what I more workhorses in the U.S. Congress was cosponsored by every Member of the would consider a complete stranger and than show horses, and that is probably North Carolina Delegation, is a fitting tribute to say, ‘‘Madam, how is your husband the way it needs to be, because we are one of our state’s model public servants. after his operation?’’ First of all, he doing, as the gentleman from North Jim Broyhill was born on August 19, 1927, knew her name, and, second of all, Carolina (Mr. COBLE) said, the people’s in Lenoir, North Carolina to the late J.E. and there was an operation, and, third, two business. Sadie Hunt Broyhill and is a graduate of Uni- years before is when this all happened. I just wanted to come to the floor to versity of North Carolina at Chapel Hill. His Yet he remembered all these things. say to Jim Broyhill, Senator Broyhill, parents taught him the value of service and He was the most exceptional politi- and his wife and his children and their devotion to his community that has guided him cian I ever saw in the fact that he was grandchildren, that this is not only a throughout his career in public service. That close to the people and they knew it, great day for you, but it is a great day career began in 1962, in the old 8th Congres- and he did a wonderful job. for North Carolina, because you have sional District of North Carolina, when Broyhill Madam Speaker, everybody said how been and still are one of the finest citi- won his first of eleven elections to the House he was a ranking member on the Com- zens, you and your family, and Amer- of Representatives. Upon his election, Broyhill immediately mittee on Energy and Commerce, and ica is a better place because you served began to build a reputation for honesty and in- the present ranking member, a Demo- in the United States House and the tegrity that allowed him to wield influence with crat, we will not mention names, has United States Senate. both Democrats and Republicans. During his said to me many times that he was Mr. CUMMINGS. Madam Speaker, I 11 terms in the House, Broyhill made a name probably the most reasonable Repub- yield myself such time as I may con- for himself as a member, and later as Ranking lican he ever saw to work with. That sume. Member, of the Energy and Commerce Com- was Jim’s way of doing things. He was Madam Speaker, it certainly is ap- mittee. Following the untimely death of Sen- just a person more dedicated to getting propriate that we honor Senator Broy- ator John East, then Governor Jim Martin ap- something done than playing politics. hill. The comments that have been pointed Broyhill to complete the remaining two As one might gather, I have a special made today I am certain will go a long years of Senator East’s term. In 1986, Broy- reason to honor Jim Broyhill, for it ways towards letting us know why Sen- hill’s 24-year Congressional career ended was Jim’s appointment to the Senate ator Broyhill meant so much to the when he lost his bid to win his Senate seat which first allowed me to run for Con- great State of North Carolina, to this outright. gress representing the people of the country and to the world. So we take Despite his personally disappointing loss, 10th District of North Carolina. Many this moment, Madam Speaker, this Broyhill continued to work on the behalf of the of you may know Jim Broyhill for his moment in time, to salute him by nam- people of North Carolina. Broyhill’s public ca- distinguished record of public service. ing this post office after him. reer continued as he served as the Chairman He is a great friend of mine and has Madam Speaker, I yield back the bal- of the North Carolina Economic Development helped me in every election since 1986. ance of my time. Board. In 1989 Governor Martin gave Broyhill Let me just say, Western North Caro- Mrs. MORELLA. Madam Speaker, I the responsibility of promoting and expanding lina has been greatly rewarded by both urge passage of H.R. 4534. North Carolina business and industry by ap- Jim and his family. Madam Speaker, I yield back the bal- pointing him the Secretary of the Department Mrs. MORELLA. Madam Speaker, I ance of my time. of Commerce. Jim Broyhill retired from public am pleased to yield 3 minutes to the Mr. DINGELL. Madam Speaker, I rise today service in 1991 to spend more time with his gentleman from North Carolina, (Mr. in support of the gentleman from North Caro- wife, Louise Robbins, his children, and his JONES). lina’s resolution honoring James T. Broyhill, a grandchildren. Mr. JONES of North Carolina. good friend and honorable man with whom I Madam Speaker, it gives me great pleasure Madam Speaker, I thank the gentle- had the privilege of serving in this body for al- to pay tribute to a great North Carolinian and woman for yielding me time, and also most twenty-three years. Moreover, I was American by naming a Post Office in Lenoir the ranking member. pleased to have had the opportunity to work after James T. Broyhill. I ask my colleagues to Madam Speaker, I bring a little dif- with Jim Broyhill in his capacity as Ranking support H.R. 4534, and I yield back the bal- ferent perspective, because my father, Member of the House Commerce Committee ance of my time. who is deceased, served in the United while I was Chairman. The SPEAKER pro tempore (Mrs. States Congress from 1966 to 1992, and As a Member of the House and Senate, Jim BIGGERT). The question is on the mo- he had the pleasure of serving with Jim Broyhill was a dedicated and tireless public tion offered by the gentlewoman from Broyhill. At the time, I was a member servant. He capably and honorably rep- Maryland (Mrs. MORELLA) that the of the North Carolina House of Rep- resented his constituents and they rewarded House suspend the rules and pass the resentatives, a Democrat at that time, him time and time again with their continual bill, H.R. 4534, as amended. and my father and I would talk on the support for him as their representative. The question was taken; and (two- weekends, and many times those con- Jim Broyhill was also a good friend and true thirds having voted in favor thereof) versations would deal with his col- gentleman. I can think of no more honorable the rules were suspended and the bill, leagues in Washington, both the dele- man in this institution and his contributions as as amended, was passed. gation, both Republicans and Demo- Ranking Member of the Commerce Committee The title was amended so as to read: crats. were of the highest quality. ‘‘A bill to redesignate the facility of The reason I wanted to come to the Jim Broyhill was a workhorse, not a show the United States Postal Service lo- floor was because my father told me, horse. He did not seek the spotlight, but cated at 114 Ridge Street, N.W. in

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17144 CONGRESSIONAL RECORD—HOUSE September 6, 2000 Lenoir, North Carolina, as the ‘James on the Mayor’s Advisory Committee in Mrs. MORELLA. Madam Speaker, I T. Broyhill Post Office Building’ ’’. Omaha and organized the first Head yield such time as he may consume to A motion to reconsider was laid on Start Program in Salem, Nebraska. He the gentleman from Nebraska (Mr. the table. was a member of the Baptist Pastors TERRY), and I thank him for intro- f Conference and the Interdenomina- ducing this piece of legislation. tional Alliance. He served as the Presi- Mr. TERRY. Madam Speaker, I REVEREND J.C. WADE POST dent of the New Era Baptist State Con- thank the gentlewoman for yielding OFFICE vention, Incorporated, for 9 years, and time to me, and I thank the gentleman Mrs. MORELLA. Madam Speaker, I also as the State vice president to the from Maryland. I thank both members move to suspend the rules and pass the National Baptist Convention for 9 for managing this bill on the floor. I bill (H.R. 4615) to redesignate the facil- years. On the national level, he was a also thank the chairman of the com- ity of the United States Postal Service member of the National Baptist Con- mittee, the gentleman from New York located at 3030 Meredith Avenue in vention U.S.A., Inc.; the Gospel Music (Mr. MCHUGH), and the ranking mem- Omaha, Nebraska, as the ‘‘Reverend Workshop of America; and the NAACP. ber, the gentleman from Pennsylvania J.C. Wade Post Office.’’ Dr. Wade died in August 1999. (Mr. FATTAH), for their efforts in com- The Clerk read as follows: Madam Speaker, I want to thank the mittee to make sure that this bill H.R. 4615 gentleman from Nebraska (Mr. TERRY) passes and becomes reality. Be it enacted by the Senate and House of Rep- for introducing this legislation, and I In our society I think it is important, resentatives of the United States of America in want to urge our colleagues to support and especially for our children, to rec- Congress assembled, H.R. 4615. ognize those people that have had such SECTION 1. REVEREND J.C. WADE POST OFFICE. (a) DESIGNATION.—The facility of the b 1515 a positive impact and effect on their United States Postal Service located at 3030 Mr. CUMMINGS. Madam Speaker, I community. It is truly an honor to be Meredith Avenue in Omaha, Nebraska, and yield myself such time as I may con- able to stand here and name a post of- known as the Ames Station, shall be known sume. fice after one such gentleman in and designated as the ‘‘Reverend J.C. Wade Madam Speaker, H.R. 4615, which Omaha, Nebraska. Post Office’’. names a post office after the Reverend This bill renames the Ames Street (b) REFERENCES.—Any reference in a law, Station after Reverend J.C. Wade, who map, regulation, document, paper, or other J.C. Wade, was introduced by the gen- record of the United States to the facility re- tleman from Nebraska (Mr. TERRY) on for 44 years was the pastor and emer- ferred to in subsection (a) shall be deemed to June 8, 2000. We thank him for doing itus pastor of the Salem Missionary be a reference to the ‘‘Reverend J.C. Wade that. Baptist Church in north Omaha, which Post Office’’. Reverend James Commodore Wade is the largest African-American church The SPEAKER pro tempore. Pursu- was a noted pastor and a civic leader. in Nebraska, and frankly, is one of the ant to the rule, the gentlewoman from He was born in Oklahoma in 1909. He largest churches, period, in the State Maryland (Mrs. MORELLA) and the gen- served on the Mayor’s Advisory Com- of Nebraska, because of his commit- tleman from Maryland (Mr. CUMMINGS) mittee in Omaha, and organized the ment and leadership. each will control 20 minutes. first Head Start program in Salem, Ne- Reverend Wade, as we learned, was The Chair recognizes the gentle- braska. He was a member of the Bap- born in Oklahoma, Wybark, Oklahoma, woman from Maryland (Mrs. MORELLA). tist Pastor’s Conference and the Inter- September 1, 1909. Wybark, by the way, GENERAL LEAVE denominational Alliance. is now called Chase, Oklahoma. Unfor- Mrs. MORELLA. Madam Speaker, I He served as a President of the New tunately for the Omaha, Nebraska ask unanimous consent that all Mem- Era Baptist State Convention for 9 community to which he moved in bers may have 5 legislative days within years, and also as a State Vice Presi- around 1950, he passed away on August which to revise and extend their re- dent to the National Baptist Conven- 30, 1999. marks on H.R. 4615. tion for 9 years. I want to personally Madam Speaker, I submit for the The SPEAKER pro tempore. Is there note as a member of that convention RECORD the program of his memorial objection to the request of the gentle- that I am very pleased to see that we service that outlines in more detail his woman from Maryland? are honoring him today. achievements for his community. There was no objection. On the national level, he was a mem- A copy of the memorial service pro- Mrs. MORELLA. Madam Speaker, I ber of the National Baptist Convention, gram is as follows: yield myself such time as I may con- the Gospel Music Workshop of Amer- REV. DR. JAMES COMMODORE WADE, SR. sume. ica, and the NAACP. Ralph Waldo Sunrise—September 1, 1909 Madam Speaker, the gentleman from Emerson once said that you cannot Sunset—August 30, 1999 Nebraska (Mr. TERRY) introduced H.R. judge a man by his station in life, but Homegoing Celebration for Rev. Dr. James 4615 on June 8, 2000. This legislation what he has done to get there. Commodore Wade, Sr. has been supported by the entire House I listened to the words of my distin- ‘‘And I will give you pastors according to delegation of the State of Nebraska guished colleague, the gentlewoman mine heart, which shall feed you with knowl- pursuant to the policy of the Com- from Maryland, as she noted the fact edge and understanding.’’—Jeremiah 3:15 mittee on Government Reform. that his parents died at an early age ‘‘And how shall they preach, except they H.R. 4615 designates the facility of but yet he was able to overcome, and be sent? As it is written, How beautiful are the United States Postal Service lo- as a matter of fact, become a minister the feet of them that preach the gospel of cated at 3030 Meredith Avenue in at a very early age. Again, on a per- peace, and bring glad tidings of good Omaha, Nebraska, as the Reverend J.C. sonal note, as the son of two ministers, things!’’—Romans 10:15 Wade Post Office. I can appreciate what we are doing Friday, September 3, 1999 10:00 A.M.; Salem Reverend James Commodore Wade here today. Baptist Church, 3336 Lake Street, Omaha, was a noted pastor and a civic leader. Just to know that this gentleman Nebraska; Rev. Maurice Watson, Offici- ating He was born in Oklahoma in 1909. His who hales from Oklahoma was able to mother died when he was 5 years old, and became a significant part of the OBITUARY his father died when he was 8, and his National Baptist Convention says a (The obituary was prewritten by Rev. Dr. grandfather died when he was 11. At whole lot. It is a very distinguished James Commodore Wade, Sr.) age 17, he was completely out on his The life of James Commodore Wade, Sr. is convention, and it is a very important a theocratic reply to the somewhat own. He joined the ministry at age 21. one in our Nation. desparaging question, ‘‘Who’s gonna take the He was known as being the youngest With that, Madam Speaker, I urge boy?’’ James Commodore Wade, Sr. was pastor in the State of Oklahoma. the swift adoption of this measure. birthed in a small hamlet called Wybark, J.C. Wade was invited to speak in Madam Speaker, I reserve the bal- Oklahoma, now Chase, Oklahoma, on Sep- Omaha in 1944 and stayed on. He served ance of my time. tember 1, 1909 to the parentage of George W.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17145 Wade and Henrietta Ayers Wade. When the her being unimpressed did not deter nor dis- another son was born, and he was named boy, James, was 5, his mother died and that suade Rev. Wade. There was a prominent Melvin Von. marked the beginning of that disparaging member of the Frazier family who genuinely In the early summer of 1944, Rev. Wade was question, ‘‘Who’s gonna take the boy?’’ At admired ‘‘Old Esau,’’ and that was Mary’s invited by Rev. Woods, his father in the min- age 8, he experienced the death of his father mother, who everybody affectionately called istry, to preach a two-week revival at the and again the question was raised, ‘‘Who’s ‘‘Mama Frazier.’’ Since Mary refused to Salem Baptist Church in Omaha Nebraska. gonna take the boy?’’ Then at age 11, he wit- court Rev. Wade, Rev. Wade took a most ef- Excitedly, he told many ministers who would nessed the demise of his grandfather, Mr. fective alternate approach. He courted Mary gather at the Polk Printing office on Mon- Samuel Ayers, who at the time was his through her mother, ‘‘Mama Frazier.’’ It was day mornings. With a jubilant spirit, he went guardian. Once more, we encounter the an effective approach because on December to Omaha to preach, for two weeks, only to query, ‘‘Who’s gonna take the boy?’’ Seem- 18, 1935, Rev. Wynn united in holy matri- find out after reaching Omaha, that Rev. ing to be an orphan child, living as he says, mony, Rev. J.C. Wade, Sr. and Mary Woods was not in the city. So, in an embar- ‘‘from pillar to post,’’ it was at that point ‘‘Unimpressed’’ Frazier. rassed state and at the request of the official that God intervened and replied to that dis- Those early years were some tough days. board, Rev. Wade remained in Omaha. On the heartening question by saying, ‘‘I will take Because of grave circumstances, Rev. and third Sunday in July, Rev. Wade was called the boy and make him the beneficiary of spe- Mrs. Wade lived five years with her mother, to be the pastor of the Salem Baptist Church cial providence.’’ And the rest of the life of ‘‘Mama Frazier.’’ Rev. Wade worked at the which had a roll of 250 members with 88 James Commodore Wade, Sr. is but a con- government fleet, better known then as present. Rev. Wade states that there were stant unfolding of God’s providential care for working on the levy. While working on the three significant reasons for accepting a a boy without a guardian or a home. Prior to levy in the fall of 1936, Rev. Wade was called church who kept their pastors for two years the death of his grandfather, at age 10, he ac- to be the shepherd of the Middle Baptist at a time: 1) God ordained it so; 2) He did not cepted Christ at the Union Grove Baptist Church. However, a strange thing occurred: want to rear his children in the segregated Church, Wybark, Oklahoma, and was bap- After serving as pastor for approximately South; and 3) His mother-in-law’s sainted tized in the Arkansas River by the late Rev. three months, Rev. Wade permitted a vis- sister Emma Highsmith told him that the W.L. Turner. iting minister to preach for him during the Lord told her that his field was not in Mem- Because of the twin afflictions of poverty Christmas season; he had to work on Sun- phis, and pointing in a northern direction, and segregation, James went to a little one- days. The congregation, feeling that the vis- she said it’s going to be that way. room school, when he could, and finished the iting minister could outpreach Rev. Wade, The unique thing about Pastor Wade mov- eighth grade in his mid-teens. By the time dismissed him and called the visiting min- ing to Omaha was that, gradually, all of Sis- James was 17, he was completely out on his ister. ter Wade’s family moved to Omaha. own. It was at this point that James left his In the year 1937, Pastor Wade became pas- After moving to Omaha, the Wades contin- native home and moved to Tulsa, Oklahoma. tor of the Shiloh Baptist Church on Court ued to be fruitful. In 1949, Sister Wade con- After moving to Tusla, he united with the Street in Memphis, Tennessee. The member- ceived a son, and to their dismay, that son St. Andrews Baptist Church under the lead- ship totaled less than 100 people. This time, passed away at birth. However, desiring to ership of Rev. W.H. Woods. It was during there was a substantial pay increase from have one more child, on March 10, 1951, a lit- these years that James picked up the pace of ‘‘sometimes’’ 50¢ per week. The financial ar- tle girl was born, and she was named Marsha his flight from his life’s calling. He at- rangement at Shiloh was 40/60. Ann. tempted to do what so many have sought to Whatever was raised on Sunday, 40% was In 1949, Pastor Wade began to make exten- do, and that is to run away from the to be retained by the church and 60% was to sive changes on Salem’s structure. Then in ‘‘preacher’’ calling. But God always has a be given to the pastor-elect. What an ar- 1955, with the membership having exceeded way of making his servants give in to the rangement! However, the offering was a mod- the present seating capacity. Rev. Wade clarion call. For J.C. Wade, God brought est $6.00 per Sunday. sought to enlarge the sanctuary to accom- about a cataclysmic experience in the solar Then in 1940, Pastor Wade accepted an- modate the overflow crowd. That vision met system. According to Rev. Wade’s own testi- other church in Memphis called the River- with much opposition. But in spite of opposi- mony, ‘‘The sun, instantaneously switched side Baptist Church in the south Memphis tion, the structure was completed in 1956. places.’’ Because of that stunning experi- area which had a membership of 200 people. Two years after that completion, the loan ence, J.C. Wade, Sr. confessed his call to the Pastor Wade did something that was a which they almost didn’t get, was paid off. ministry at age 21 and preached his first ser- church custom in the South at that time. 1957 and 1958 were exciting years, not only mon on April 1, 1931 at the St. Andrews Bap- That custom was to pastor, simultaneously, because a loan was paid off, but because in tist Church, Tulsa, Oklahoma, whose pastor more than one church. Pastor Wade accepted December, 1957, Pastor Wade watched his was Rev. W.H. Woods. the Riverside Baptist Church at a great sal- daughter Doretha conduct her first musical. The year 1933 began another phase in the ary increase: He began his ministry there at It was a Christmas cantata. And then in the life of Rev. J.C. Wade, Sr., for in 1933, Rev. $25.00 per week. spring of 1958, his elder son James confessed Wade was called to be the pastor of the To show you that Pastor Wade was con- his call to the ministry and preached his Fountain Baptist Church in Haynes, Okla- cerned about providing for the needs of his first sermon. Then in 1961, with much ec- homa for an overwhelming salary of 50¢ per family, while pastoring two churches, he stasy, he watched his son James receive a week, sometimes! Pastor Wade had the took on a job at Mr. Green’s store on Horn B.A. degree from Bishop College. Another ex- sweet, torturous task of walking five miles Lake Road and Ingle as a butcher. citing year for Pastor and Mrs. Wade was on Sunday to preach the gospel to a dense In Genesis 1:28, we read, ‘‘And God said 1962. For 27 years, Rev. and Mrs. Wade lived crowd of 50 to 100 people, that is, if it didn’t unto them, be fruitful and multiply and re- in the following places: with Mama Frazier, rain or snow. After serving the Fountain plenish the earth.’’ The year 1937 marks the in a rental house, and in a church parsonage. Baptist Church, the oldest church in the beginning of the Wade’s being fruitful. On But in 1962, a dream came true. They pur- state of Oklahoma for approximately 2–21⁄2 March 20, 1937, a little girl was born, and she chased their first home at 3612 North 42nd years, Pastor Wade, who bore the distinction was named Ruth Evelyn. On July 24, 1938, a Street. Then in 1963, his second son, Melvin, of being the youngest pastor in the state of boy was born and he was named James Com- preached his first sermon. Oklahoma, resigned the Foundation Baptist modore Wade, Jr. In the fall of 1939, tragedy After being told that the freeway was Church and moved to the southern metropo- almost struck the Wade household. Mrs. going to include the Salem structure at 28th lis of Memphis, Tennessee. Memphis, at that Wade became dangerously ill and was carried and Decatur, Pastor Wade began to search time, was considered to be the haven of great to the hospital in an unconscious condition. out a location for a new Salem site. preachers. There were two significant rea- While Mrs. Wade was en route to the hos- In 1970, ground was broken for a new sons for his moving to Memphis. One was pital, Rev. Wade went into their pantry and church structure at 34th and Lake Streets that his father in the ministry wanted him shut up with God and said, ‘‘God, you can’t and was completed in April, 1971. That loan to go to school; and secondly, he wanted him take her now. I don’t want my children grow- was paid off in 1978. to be his assistant pastor at the Bethlehem ing up as I did, not knowing Mother.’’ God Another milestone was reached when he Baptist Church. heard and answered that prayer because by was informed in 1982 that government funds After moving to Memphis, Rev. Wade met the time Rev. Wade arrived at the hospital, had been granted for the construction of a at Bethlehem a tender young lady named Mrs. Wade was sitting up, dangling her feet senior citizens’ complex. Mary Frazier, whom God had delivered from on the side of the bed. After Mrs. Wade’s re- Yes, it was God who took the boy. For only the crippling affliction called polio. Rev. covery, they moved from Mama Frazier’s to God could take an orphan child, without Wade was most impressed with Mary, but rent from Mr. George Griffin on Dixon much education, call him to preach, change Mary was most unimpressed with him. In Street. After having moved on Dixon, the his education insight, make him a rhetorical fact, she was so unimpressed with him until Wades continued to be fruitful, for on March genius, and a linguistical genius. Make him when he would seek to pay her a visit, she 15, 1941, another girl was born. She was a husband, a father, a pastor, a shepherd, a would say, ‘‘Here comes that Old Esau.’’ But named Doretha. Then on September 18, 1944, builder, and an evangelist. Because God had

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17146 CONGRESSIONAL RECORD—HOUSE September 6, 2000 taken care of the boy, Rev. Wade was one of I was reminded the other day of a fas- ducing this legislation to name a post the most influential pastors in Omaha. He cinating story about this man who office building in his name. stood in some of the great preaching places took the Salem Baptist Choir to Madam Speaker, I urge support for in America, and he traveled extensively, evangelizing and proclaiming the gospel. Be- Crookston, Minnesota, for a concert in the bill, and I yield back the balance of cause God had taken care of an orphan boy the late 1960s. This church in my time. from Wybark, Dr. Wade held key denomina- Crookston was based in an all-white The SPEAKER pro tempore (Mrs. tional positions, both locally and nationally. community. Some of the Crookston BIGGERT). The question is on the mo- Yes, God, indeed had taken care of the boy, members had never associated with Af- tion offered by the gentlewoman from James Commodore Wade, Sr. Rev. Wade also rican-Americans before, but this choir Maryland (Mrs. MORELLA) that the acknowledged, lest he seem ungrateful, the three years he spent as a member of the performed their concert even while House suspend the rules and pass the Friendship Baptist Church, Kansas City, their hearts were grieving because of bill, H.R. 4615. Missouri, under the pastorate of the Rev. S. riots that were occurring in Omaha, The question was taken; and (two- C. Doyle, who was a pastor and friend to him. Nebraska. thirds having voted in favor thereof) Rev. Wade will be greatly missed by ALL The Choir fellowshipped with church the rules were suspended and the bill who knew him but he leaves to cherish his members at a picnic following the con- was passed. memories his wife of sixty-three years: Mary Frazier-Wade, Omaha; three daughters and cert, and later stayed in Crookston A motion to reconsider was laid on son-in-law: Ruth Murray, Doretha Wade- members’ homes. The event broke the table. Wilkerson, Los Angeles, California, Marsha down racial barriers and helped develop f Ann (Rev. Clyde) Nichols, Denver, Colorado; friendships between the two congrega- two sons and daughters-in-law: Rev. James tions that last to today. This outreach HENRY McNEAL TURNER POST C., Jr. (Ella) Wade, East Chicago, Indiana, was a great success, particularly at a OFFICE Rev. Melvin V., Sr. (Jacquie) Wade, Los An- time when riots were going on not only geles; nephew: Gene Bell, Evanston, Illinois; Mrs. MORELLA. Madam Speaker, I four nieces: Tina Williams, Chicago, Illinois, in our hometown but throughout the move to suspend the rules and pass the Marguerite Anderson, Cincinnati, Ohio, country. It greatly affected the mem- bill (H.R. 3454) to designate the United Myrtis Twyman, Westchester, Illinois, bers of both churches. States post office located at 451 College Wilma Hardiman, Omaha; sisters-in-law and All these earthly achievements tes- Street in Macon, Georgia, as the brothers-in-law: Susan and William Cooper, tify to the character of Reverend J.C. Queon Temple, Agnes Brown, Sam (Grace) ‘‘Henry McNeal Turner Post Office.’’ Wade, who we seek to honor today by The Clerk read as follows: Frazier, all of Omaha; nine grandchildren; passing H.R. 4615 designating the Rev- six great-grandchildren; and other relatives. H.R. 3454 erend J.C. Wade Post Office. Madam Speaker, renaming this post- Finally, I would like to honor Rev- Be it enacted by the Senate and House of Rep- al facility in his honor is an attempt to resentatives of the United States of America in erend Wade’s wife of 63 years, an amaz- Congress assembled, pay tribute to this outstanding citizen ing woman, Mary Frazier Wade, and and dedicated man of God. The work SECTION 1. DESIGNATION OF POST OFFICE. thank her for her assistance and her initiated by Reverend Wade continues (a) DESIGNATION.—The United States post support in this legislation. office located at 451 College Street in Macon, to this day in our community, and his Madam Speaker, I urge my col- impact on our community should be re- Georgia, shall be known and designated as leagues to support this legislation. the ‘‘Henry McNeal Turner Post Office’’. membered, as it will forever have Mr. CUMMINGS. Madam Speaker, I (b) REFERENCES.—Any reference in a law, changed our community. yield myself such time as I may con- map, regulation, document, paper, or other Among the notable community serv- sume. record of the United States to the facility re- ice achievements, Reverend Wade cre- Madam Speaker, I was very pleased ferred to in subsection (a) shall be deemed to ated the Salem Preschool for Children. to hear the gentleman from Nebraska be a reference to the ‘‘Henry McNeal Turner In the early fifties, he realized that our Post Office’’. (Mr. TERRY) reiterate the concern that youngest children have to go to school The SPEAKER pro tempore. Pursu- ready to learn, so he started the pre- Reverend J.C. Wade had for the edu- cation of young people. If we were to ant to the rule, the gentlewoman from school to make sure that when they en- Maryland (Mrs. MORELLA) and the gen- tered school they were ready; the pre- honor him, I am sure he would want to be honored for his pastoral duties and tleman from Maryland (Mr. CUMMINGS) cursor to what we call the Head Start each will control 20 minutes. program today. He started it before his efforts, but I am sure he would also want to be honored for looking towards The Chair recognizes the gentle- anyone in government had ever woman from Maryland (Mrs. MORELLA). thought of that concept. the future so that he could make sure GENERAL LEAVE He organized, too, the first adult that young children could rise up to be basic education in Omaha, Nebraska, the very best they could be. Mrs. MORELLA. Madam Speaker, I at the church. He participated, and we When we are talking about estab- ask unanimous consent that all Mem- have heard deeply in our community lishing the first Head Start center in bers may have 5 legislative days within through the Mayors’ Advisory Council, Omaha, I think that says a lot, because which to revise and extend their re- the Interdenominational Council, he clearly had a vision of the future. As marks on this legislation. which by the way unifies our commu- I often say, he cared about somebody The SPEAKER pro tempore. Is there nity from all faiths and geographic other than himself. He wanted to make objection to the request of the gentle- areas. sure that those children were able to woman from Maryland? As a leader in the religious commu- rise up. There was no objection. nity, Reverend Wade served as the I am sure that as they pass the post Mrs. MORELLA. Madam Speaker, I President of the New Era Baptist State office, a lot of those children who bene- yield myself such time as I may con- Convention, the State Vice President fited from his efforts, they can only sume. to the National Baptist Convention, stop to salute and say, thank you. Madam Speaker, the legislation be- and director of religious education for Madam Speaker, I have no further re- fore us, H.R. 3454, was introduced by the Sunday School and Baptist Train- quests for time, and I yield back the our colleague, the gentleman from ing Union of the New Era State Con- balance of my time. Georgia (Mr. CHAMBLISS). All Members vention. Mrs. MORELLA. Madam Speaker, I of the House delegation from Georgia As a member of the National Baptist yield myself such time as I may con- have cosponsored this bill. Convention U.S.A., Reverend Wade sume. H.R. 3454 designates the post office brought the Baptist National Conven- Madam Speaker, I am very moved to located at 451 College Street in Macon, tion to Omaha three times. During his hear about the contributions of Rev- Georgia, as the Henry McNeal Turner tenure at Salem Baptist, Reverend erend J.C. Wade. I want to thank the Post Office. Wade grew the congregation from 250 gentleman from Nebraska (Mr. TERRY) There is much to be said about the members to nearly 4,000 members. for so acknowledging and for intro- man honored by this legislation, but I

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17147 will speak briefly. Henry McNeal Turn- can-American people. Just the thought Georgia and championed equal rights er was a well-known missionary, pas- that this post office will be named by founding the Georgia Equal Rights tor, evangelist, church administrator, after him, and children again will have League. Army chaplain, author of religious to say, well, who was he, Henry McNeal In 1869, after all the black legislators publications, and postmaster. Turner, I think somebody can turn were expelled from the legislature be- Turner faced many obstructions in around and say that he was a great cause of their race, Turner was ap- his youth. However, he taught himself man and accomplished a lot of great pointed postmaster in Macon, Georgia. to read, and at the age of 19 became a things in a very difficult time. But he was then returned to the Geor- preacher in the African Methodist b 1530 gia legislature in the following year. Episcopal Church. In 1863, he organized Bishop Henry McNeal Turner is re- the first regiment of African-American Madam Speaker, I urge my col- membered as a man of many accom- troops, and he became the first Afri- leagues to vote for this measure. plishments. His influence spread far can-American Army chaplain, and then Madam Speaker, I reserve the bal- and wide, and his power was felt from became a chaplain of the regular ance of my time. rural towns in Georgia to churches in troops. Mrs. MORELLA. Madam Speaker, I Africa. In the United States Army, in Mr. Turner was appointed as a dele- am honored to yield such time as he the postal service, in the African Meth- gate to the Constitutional Convention may consume to the gentleman from odist Episcopal Church, and in govern- in 1867. He was elected to the Georgia Georgia (Mr. CHAMBLISS), the prime ment Bishop Turner fought fiercely to State Legislature in 1868 and in 1870. sponsor of this legislation. improve the lives of the minorities and He was appointed postmaster of Macon Mr. CHAMBLISS. Madam Speaker, I to defend their rights. Turner College in 1869. After a year as postmaster, Mr. thank the gentlewoman from Maryland and Turner Theological Seminary in Turner returned to the State Legisla- (Mrs. MORELLA) and the gentleman Atlanta are named for him, as are ture and founded the Georgia Equal from Maryland (Mr. CUMMINGS) for many churches across Georgia, Ken- Rights League. He actively championed their kind comments regarding Henry tucky, South Carolina, and Louisiana. equal rights, and led mission trips to McNeal Turner and for bringing this Bishop Turner stood for freedom, jus- Sierra Leone, Liberia, and South Afri- bill to the floor today. tice, and equality and left an endearing ca. Madam Speaker, last year I intro- mark on our society. In reference to Madam Speaker, I urge our col- duced H.R. 3454 to designate the United Bishop Turner, the Reverend Augusta leagues to support H.R. 3454, honoring States Post Office located at 451 Col- Hall, Jr., senior pastor of the Saint an individual who sought equality for lege Street in Macon, Georgia, as the Paul AME Church in Covington, Geor- all Americans and for people around Henry McNeal Turner Post Office. gia, stated as follows: the world. Today we have the opportunity to ‘‘Georgia stands as your living testa- I want to thank the gentleman from honor a great man by passing this bill. ment. Churches you have built Georgia (Mr. CHAMBLISS) for bringing Bishop Henry McNeal Turner was one throughout her realm, ordaining those our focus to this great individual, of Georgia’s most dynamic African who would serve the Church of Allen, Henry McNeal Turner. American men in the 1800s. He was a true servants of God you placed at her Madam Speaker, I reserve the bal- missionary, an evangelist, a theologian helm. ance of my time. and church administrator, an Army ‘‘Bishop Turner, even when your days Mr. CUMMINGS. Madam Speaker, I chaplain, a postmaster, an author, a drew nigh, look upwards you taught us, yield myself such time as I may con- politician, and a staunch supporter of for inspiration comes from on high. sume. equal rights in America. Bishop Turner, may you dwell forever Madam Speaker, I join the gentle- Bishop Turner was born in South in God’s heavenly sky. God bless the woman from Maryland (Mrs. MORELLA) Carolina in 1834. He taught himself to name of Henry Turner, may your leg- in thanking the gentleman from Geor- read and, at the age of 19, became a acy never die.’’ gia (Mr. CHAMBLISS) for sponsoring pastor in the African Methodist Epis- Bishop Turner’s commitment to edu- H.R. 3454. copal Church. As he helped to build the cation, service, missionary work, the Henry McNeal Turner was a well- membership of the church, Turner was improvement of people, and racial known missionary pastor, evangelist, appointed a deacon, then elder, and equality deserve our recognition. Nam- church administrator, Army chaplain, eventually bishop of the AME Church. ing the post office in Macon, Georgia, author of religious publications, and By 1880, Bishop Turner was respon- of which he was postmaster at one postmaster. He taught himself to read, sible for churches from Nova Scotia to time, is certainly a fitting tribute to and at the age of 19 he became a Louisiana. Additionally, Turner trav- this great man. preacher in the African-American eled extensively in Africa as a mis- All 11 members of the Georgia con- Methodist Episcopal Church. sionary and established churches in Li- gressional delegation are cosponsors In 1863, he organized the first regi- beria, Sierra Leone, and South Africa. and supporters of this bill to honor ment of African-American troops. He In the United States, Turner strove Bishop Henry Turner. I would encour- became the first African-American for equality amongst blacks and age my colleagues to join me in passing Army chaplain, and then became a whites. In 1863, he helped organize the this bill to recognize Bishop Turner’s chaplain of the regular troops. He was first United States regiment of African contributions to Georgia and America. elected to the Georgia State legisla- American troops and became the first I give special thanks to Elder Ben ture in 1868. African American Army chaplain ap- Ridley and current Macon Mayor Jack I guess it is easy for us to say that pointed by President Abraham Lincoln. Ellis for their assistance and coopera- today, but when we think about the During Reconstruction, he worked to tion in researching Bishop Turner and times back in 1868, for an African- make life in 19th century Georgia a for helping to bring this post office American man to be elected to the better place for blacks. Turner helped naming to a reality. State legislature is phenomenal. organize the Republican Party in Geor- Mr. CUMMINGS. Madam Speaker, I In 1869 he was appointed Postmaster gia in 1867 and was first elected to the yield myself such time as I may con- of Macon, Georgia. He actively cham- Georgia State Senate in 1868 as a Re- sume. pioned equal rights, and led missions to publican. Madam Speaker, in listening to the Sierra Leone, Liberia, and South Afri- During his political career, Turner gentleman from Georgia (Mr. ca. So we pause here to honor him by introduced bills for higher education CHAMBLISS), I could not help but think naming this post office after him. for blacks, to protect black people about the fact that, when he talked I must say that it is so important from the Ku Klux Klan, and to give about how Henry McNeal Turner that we do this, for he is a hero to so women the right to vote. Turner was worked hard many, many years ago for many people, and particularly to Afri- an ardent supporter of public schools in equal rights, for African Americans,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17148 CONGRESSIONAL RECORD—HOUSE September 6, 2000 and women, it is so interesting, Madam be a reference to the ‘‘Everett Alvarez, Jr. lived until March of 1965, at which time Speaker, that the denomination in Post Office Building’’. other American prisoners started to ar- which he was a bishop, the African The SPEAKER pro tempore. Pursu- rive. Methodist Episcopal Church, just ant to the rule, the gentlewoman from Commander Alvarez earned the dubi- named one of our neighbors, one of my Maryland (Mrs. MORELLA) and the gen- ous distinction of not only being the neighbors in Baltimore, Bishop Vashti tleman from Maryland (Mr. CUMMINGS) first naval aviator captured by the McKenzie. I cannot help but think that each will control 20 minutes. North Vietnamese, but also the longest it was people like Henry McNeal Turn- The Chair recognizes the gentle- confirmed prisoner of war in North er who laid the foundation for such a woman from Maryland (Mrs. MORELLA). Vietnam. On February 12, 1973, Com- wonderful opportunity for women and GENERAL LEAVE mander Alvarez was finally released in particular for Bishop Vashti Mrs. MORELLA. Madam Speaker, I after 81⁄2 years of imprisonment. McKenzie. ask unanimous consent that all Mem- For his courageous service, Everett So today we salute him, and I urge bers may have 5 legislative days within Alvarez holds numerous military deco- all of our Members to vote in favor of which to revise and extend their re- rations. He has been honored with the this very, very important piece of leg- marks on H.R. 4484. Silver Star, two Legions of Merit, with islation. The SPEAKER pro tempore. Is there combat ‘‘V,’’ two Bronze Stars, with Madam Speaker, I yield back the bal- objection to the request of the gentle- combat ‘‘V,’’ the Distinguished Flying ance of my time. woman from Maryland? Cross, and two Purple Heart medals. Mrs. MORELLA. Madam Speaker, I There was no objection. In addition, a city park and two yield myself such time as I may con- Mrs. MORELLA. Madam Speaker, I housing projects in California and sume. yield myself such time as I may con- Texas have been named in honor of Mr. Madam Speaker, I cannot help but be sume. Alvarez. In 1987, his hometown of Sali- moved by what I hear about Bishop Madam Speaker, I rise in support of nas, California, named a new high Turner, and I am very pleased that we H.R. 4484, which designates the facility school in his honor. In March of 1998, have before us this naming post office of the United States Postal Service lo- he was awarded with the Daughters of bill for Bishop Turner, a man who was cated at 500 North Washington Street the American Revolution’s Medal of early on demonstrative of great cour- in Rockville, Maryland as the Everett Honor. age, conviction, equality for African Alvarez, Jr. Post Office Building. It is Today, we have the opportunity to Americans, as well as for women, and with great pride that we in the Mary- honor him in Rockville, Maryland, for helping those who need it most. land Congressional Delegation honor a where Mr. Alvarez, his wife Thomasine, So I urge this House to unanimously man for whom our entire Nation is and his two sons, Mark and Bryan, cur- pass H.R. 3454, and I thank the gen- eternally grateful. rently reside. Unfortunately the Alva- During his life, Mr. Alvarez has faith- tleman from Georgia (Mr. CHAMBLISS) rez family was not able to be in the fully served as a distinguished military for introducing it. gallery this afternoon because Mr. Al- officer and public servant. In 1960, after Madam Speaker, I yield back the bal- varez continues to serve America and earning a Bachelor of Science in Elec- ance of my time. America’s future with his position on trical Engineering from the University The SPEAKER pro tempore (Mrs. the Board of Regents of the Uniformed of Santa Clara and becoming the first BIGGERT). The question is on the mo- Services University of Health Sciences in his family to go to college, Mr. Alva- tion offered by the gentlewoman from and is currently at their annual board rez joined the United States Navy. Maryland (Mrs. MORELLA) that the meeting in Colorado. After serving in the Navy for 20 House suspend the rules and pass the Commander Alvarez’s life stands as a bill, H.R. 3454. years, he retired from his position with program management at the Naval Air testament to patriotism, to courage, The question was taken; and (two- and to perseverance. He, like any of thirds having voted in favor thereof) Systems Command in Washington, D.C. and accepted an appointment as deputy our Nation’s veterans, deserves our the rules were suspended and the bill highest praise for risking his life de- was passed. director of the Peace Corps. In 1982, President Reagan nominated fending this great Nation. A motion to reconsider was laid on In the historical publication, We the table. him, and the Senate confirmed his ap- pointment, as the deputy adminis- Came Home, Commander Alvarez re- f trator of the Veterans Administration. flects on his prisoner-of-war experience EVERETT ALVAREZ, JR. POST After leaving the position of deputy ad- with this statement: OFFICE BUILDING ministrator of the VA, Mr. Alvarez ‘‘For years and years, during our long Mrs. MORELLA. Madam Speaker, I joined the Hospital Corporation of incarceration, we dreamed of the day move to suspend the rules and pass the America before forming his own con- when we would come home to our fami- bill (H.R. 4484) to designate the facility sulting company, Conwal, Incor- lies and friends. We never gave up hope of the United States Postal Service lo- porated. that this day might come soon, because cated at 500 North Washington Street A dedicated civil servant, Mr. Alva- we had faith—faith in God, in our coun- in Rockville, Maryland, as the ‘‘Ever- rez is best known to the public as the try, and in ourselves. It was this faith ett Alvarez, Jr. Post Office Building.’’ first American aviator shot down over that maintained that someday our The Clerk read as follows: North Vietnam. In 1964, then LTJG dreams would come true. No one can be prouder than I am for having had the H.R. 4484 Everett Alvarez, an A–4 Skyhawk pilot, was assigned to Attack Squadron 144 association of some of the bravest men Be it enacted by the Senate and House of Rep- on board the U.S.S. Constellation. On this country has ever seen—my fellow resentatives of the United States of America in prisoners who were held in North Viet- Congress assembled, August 5, he was shot down and cap- namese jails.’’ SECTION 1. EVERETT ALVAREZ, JR. POST OFFICE tured on the first raid in North Viet- BUILDING. nam. Madam Speaker, it is a privilege for (a) DESIGNATION.—The facility of the Commander Alvarez was reported as me to sponsor this legislation endorsed United States Postal Service located at 500 captured at about 4 p.m. Hanoi time at by all of the Maryland delegation to North Washington Street in Rockville, Hon Gai Bay in the Gulf of Tonkin. He honor one of America’s great heroes, Maryland, shall be known and designated as was kept in the local jail cell in Hon Everett Alvarez, Jr. the ‘‘Everett Alvarez, Jr. Post Office Build- Gai with two Vietnamese prisoners for Madam Speaker, I reserve the bal- ing’’. ance of my time. (b) REFERENCES.—Any reference in a law, 2 days, then moved to a nearby farm map, regulation, document, paper, or other until August 12. On the 12th, he was Mr. CUMMINGS. Madam Speaker, I record of the United States to the facility re- taken in Hanoi and placed into room 24 yield myself such time as I may con- ferred to in subsection (a) shall be deemed to in the infamous Hanoi Hilton where he sume.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17149 Madam Speaker, H.R. 4484, which tion offered by the gentlewoman from tended elementary school in Johnson names a post office after Everett Alva- Maryland (Mrs. MORELLA) that the City and high school at Holy Cross rez, was introduced by the gentle- House suspend the rules and pass the Seminary in Notre Dame, Indiana. He woman from Maryland (Mrs. MORELLA), bill, H.R. 4484. graduated cum laude from the Univer- my good friend and colleague, on May The question was taken. sity of Notre Dame where he majored 17, 2000. Mrs. MORELLA. Madame Speaker, in Latin and had minors in English and Everett Alvarez was born in Salinas, on that I demand the yeas and nays. philosophy. He then attended SUNY- California, in 1937. He earned a Bach- The yeas and nays were ordered. Albany to complete teaching require- elor of Science Degree in Electrical En- The SPEAKER pro tempore. Pursu- ments, and he also received a master’s gineering and a Master’s degree in Op- ant to clause 8 of rule XX and the degree in education. He did further erations Research and Systems Anal- Chair’s prior announcement, further graduate studies at Syracuse Univer- ysis, and a Juris Doctorate. proceedings on this motion will be sity, Colgate University and Ithaca After earning his bachelor’s degree in postponed. College. 1960, he joined the United States Navy f Mr. McCabe served with the Army and was an officer. He was taken pris- Air Corps from 1943 through 1945. He JAMES W. MCCABE, SR. POST oner of war in August of 1964 and held OFFICE BUILDING was stationed in the South Pacific with captive in North Vietnam for 81⁄2 years a B–24 bomber crew. He was awarded until the general release of prisoners in Mrs. MORELLA. Madame Speaker, I the Air Medal with an oak leaf cluster February of 1973. move to suspend the rules and pass the and was honorably discharged with the He served in program management at bill (H.R. 2302) to designate the build- rank of technical sergeant. the Naval Air Systems Command in ing of the United States Postal Service After military service, Mr. McCabe Washington, D.C. until his retirement located at 307 Main Street in Johnson taught Latin and English at Johnson in 1980. In 1981, he accepted an appoint- City, New York, as the ‘‘James W. City High School. James McCabe ment as deputy director of the Peace McCabe, Sr. Post Office Building.’’ served as mayor of Johnson City from Corps. President Reagan nominated The Clerk read as follows: 1963 to 1971, and on the executive com- him, and he was confirmed by the Sen- H.R. 2302 mittee of the New York Conference of ate, to be deputy administrator of the Be it enacted by the Senate and House of Rep- Mayors in 1970 to 1971. He was elected Veterans Administration in 1982. resentatives of the United States of America in to represent his constituents as an as- Mr. Alvarez is a recipient of numer- Congress assembled, semblyman from January 1973 to 1985. ous military declarations and civilian SECTION 1. DESIGNATION. For his efforts on behalf of the men- awards and serves on several boards of (a) IN GENERAL.—The building of the tally disabled, the Mayor of New York, United States Postal Service located at 307 on behalf of the City of New York and directors. The fact is that he is a mili- Main Street in Johnson City, New York, tary man and he has given so much to shall be known and designated as the ‘‘James the Advisory Board of the New York his country, and someone once said W. McCabe, Sr. Post Office Building’’. City Department of Mental Health and freedom is not free. The fact is that (b) REFERENCES.—Any reference in a law, Mental Retardation Services, pre- Mr. Alvarez took time out of his life to map, regulation, document, paper, or other sented Mr. McCabe the Human Service sacrifice so that we could all be free record of the United States to the building Award in 1977. Also in 1977, he received and enjoy the wonderful life that we referred to in subsection (a) shall be deemed the Legislator of the Year Award from enjoy in this country and around the to be a reference to the ‘‘James W. McCabe, the New York State Personnel and Sr. Post Office Building’’. world. Guidance Association for his work in Madam Speaker, I urge the adoption The SPEAKER pro tempore. Pursu- mental health. of H.R. 4484. I thank the gentlewoman ant to the rule, the gentlewoman from In 1981 and 1982, Mr. McCabe was from Maryland (Mrs. MORELLA) for rec- Maryland (Mrs. MORELLA) and the gen- named Legislator of the Year by the ognizing this great Marylander. tleman from Maryland (Mr. CUMMINGS) New York State Association of Coun- Madam Speaker, I yield back the bal- each will control 20 minutes. ties and the Friend of Education ance of my time. The Chair recognizes the gentle- Award. woman from Maryland (Mrs. MORELLA). After his service in the State assem- b 1545 GENERAL LEAVE bly, Mr. McCabe served on the New Mrs. MORELLA. Madam Speaker, I Mrs. MORELLA. Madame Speaker, I York State Board of Regents for 5 yield myself such time as I may con- ask unanimous consent that all Mem- years. sume. bers may have 5 legislative days within Mr. McCabe died in Johnson City on Madam Speaker, I want to acknowl- which to revise and extend their re- May 23, 1999. He is survived by his wife edge and demonstrate my appreciation marks on H.R. 2302. of 55 years, Margaret Flynn McCabe. to the chairman of the Committee on The SPEAKER pro tempore. Is there Madam Speaker, this bill honors an Government Reform, the gentleman objection to the request of the gentle- individual who devoted his life to pub- from Indiana (Mr. BURTON), and the woman from Maryland? lic service. It is most appropriate to ranking member; as well as the chair- There was no objection. honor James W. McCabe, Sr., by nam- man of the subcommittee before whom Mrs. MORELLA. Madam Speaker, I ing a United States Post Office in this bill came, the gentleman from New yield myself such time as I may con- Johnson City, New York, where Mr. York (Mr. MCHUGH) and his ranking sume. McCabe was born, served his commu- member, the gentleman from Pennsyl- Madam Speaker, our colleague, the nity and died; and I urge all Members vania (Mr. FATTAH). gentleman from New York (Mr. HIN- to support H.R. 2302 honoring James W. I want to also thank the gentleman CHEY) introduced H.R. 2302 on June 22, McCabe, Sr. from Maryland (Mr. CUMMINGS) for his 1999. Pursuant to the policy of the Madam Speaker, I reserve the bal- sponsorship of this bill. It is inter- Committee on Government Reform, ance of my time. esting that we have the two Maryland- each House Member of the State dele- Mr. CUMMINGS. Madam Speaker, I ers managing the time for a bill to gation of New York has cosponsored yield 5 minutes to the gentleman from name a post office for a national hero the legislation. New York (Mr. HINCHEY), the author of that will be in Maryland. So I urge sup- H.R. 2302 designates the building of the legislation. port of this bill. the United States Postal Service at 307 Mr. HINCHEY. Madam Speaker, it is Madam Speaker, I have no further re- Main Street in Johnson City, New with a great deal of pleasure that I rise quests for time, and I yield back the York, as the James W. McCabe, Sr. and ask the House to support us in des- balance of my time. Post Office Building. ignating the building of the United The SPEAKER pro tempore (Mrs. James W. McCabe was born in John- States Postal Service, which is located BIGGERT). The question is on the mo- son City, New York, in 1917. He at- at 307 Main Street in Johnson City,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17150 CONGRESSIONAL RECORD—HOUSE September 6, 2000 New York, as the James W. McCabe, leadership on this important environ- Mr. Speaker, I also applaud the gen- Sr. Post Office Building. mental issue that made that possible. tleman from New York (Mr. HINCHEY) In doing so, I want to express my ap- From 1970 to 1971, he served as a for this bill and for introducing it. I preciation to my friend and colleague, member of the Executive Committee of think he has said it quite eloquently as the gentlewoman from Maryland (Mrs. the New York State Conference of to why we are honoring this wonderful MORELLA), and others who are sup- Mayors. Jim McCabe also served six gentleman, James W. McCabe, in nam- porting us in this endeavor. I thank terms in the New York State assembly. ing a post office after him. them very much. That service was from 1973 until 1982. The fact is, as I have said about some Jim McCabe, Sr. served a total of 17 During that time, he was chairman of of our other honorees earlier today, years in New York State government. the Assembly Committee on Local they have come upon the Earth, they As a former Mayor of Johnson City and Government and also chair of the Leg- have seen it, they saw they could make a member of the New York State legis- islative Commission on State and a difference and made that difference. lature, Jim served his community and Local Relations. With that, I would associate myself he served his entire State with great As a member of the State Assembly’s with the statement that the gentleman distinction. Committee on Mental Health, Edu- from New York just made and would Many members of the New York con- cation and on the Rules Committee and urge our colleagues to vote in favor of gressional delegation served with Jim its Task Force on the Disabled, Jim this very important legislation based during his six terms in the assembly was a passionate advocate on behalf of upon that. and remember him for his dedication, the mentally disabled, and he became I also want to thank the gentle- for his kindness, and, most of all, I known all across New York State for woman from Maryland (Mrs. MORELLA) think, for his great strong sense of in- that service. In fact, for his efforts, also for all her assistance. tegrity. His leadership was always Jim received the Human Service Award Mr. Speaker, I have no further re- based upon his conscience, not on the in 1977. The award was presented by quests for time, and I yield back the polls and not on party. His intelligent then New York City Mayor Abraham balance of my time. leadership earned him the friendship Beame on behalf of New York City and Mrs. MORELLA. Mr. Speaker, I yield and respect of all those who were privi- the Advisory Board of the New York myself such time as I may consume City Department of Mental Health and leged to serve with him. and I again urge this House to unani- Mental Retardation Services. Jim McCabe died in 1999, and naming mously pass H.R. 2302, the legislation the Johnson City Post Office after him In the same year, Jim McCabe re- ceived the Legislator of the Year naming the James W. McCabe Post Of- would permanently honor his memory fice Building. in the community that he served so Award from the New York State Per- sonnel and Guidance Association, addi- Mr. Speaker, I have no further re- well. This tribute is particularly appro- quests for time, and I yield back the priate since Jim’s father served as the tionally for his work in mental health. Jim was named Legislator of the Year balance of my time. postmaster in Johnson City. The SPEAKER pro tempore (Mr. Jim McCabe was born in Johnson in 1981 and 1982 by the New York State Association of Counties. He also re- KUYKENDALL). The question is on the City, New York, on April 17, 1917. He motion offered by the gentlewoman graduated cum laude from the Univer- ceived the Friends of Education Award in 1982 from the New York Education from Maryland (Mrs. MORELLA) that sity of Notre Dame. He then attended Association. the House suspend the rules and pass the State University of New York at After his service in the State Assem- the bill, H.R. 2302. Albany for a semester to complete his bly, and in a way as a capstone of his The question was taken; and (two- teaching requirements, and later re- entire service in both State and local thirds having voted in favor thereof) ceived a master’s degree in education. government, Jim served for 5 years on the rules were suspended and the bill He did further graduate study at Syra- the New York State Board of Regents. was passed. cuse University, at Colgate University, The New York State Board of Regents, A motion to reconsider was laid on and also Ithaca College. of course, is the board which oversees the table. He was a devoted family man and was the entire educational system within f married for 56 years to his wife Mar- New York. It was a very appropriate garet, and together they had seven way for Jim McCabe to end his public JUDGE ROBERT BERNARD WATTS, children. service, in the sense that throughout SR. POST OFFICE BUILDING Jim served with the Army Air Corps his years, in local government and in Mrs. MORELLA. Mr. Speaker, I move from 1943 through 1945. He was a World the State legislature, and wherever he to suspend the rules and pass the bill War II veteran. He was stationed in the worked, with young people and old ev- (H.R. 4448) to designate the facility of South Pacific with a B–24 bomber crew. erywhere, his educational skills served the United States Postal Service lo- And for his service there, he was him in good stead. cated at 3500 Dolfield Avenue in Balti- awarded the Air Medal with an oak leaf Jim, first and foremost, was an edu- more, Maryland, as the ‘‘Judge Robert cluster. cator. And everyone with whom he Bernard Watts, Sr. Post Office Build- Jim taught Latin and English at came in contact benefitted from his ing.’’ Johnson City High School when he was skills, from his experience, from his The Clerk read as follows: discharged from the service from 1946 wide breadth of service both here at to 1973. He also served as a counselor at H.R. 4448 home and abroad. It is, Mr. Speaker, Be it enacted by the Senate and House of Rep- that school. with a great sense of pride that I offer From 1963 to 1971, Jim was the Mayor resentatives of the United States of America in this legislation to the Congress of the Congress assembled, of Johnson City. As mayor, Jim was a United States to name the Post Office SECTION 1. JUDGE ROBERT BERNARD WATTS, SR. strong proponent of the construction of Building in Johnson City as the James POST OFFICE BUILDING. New York Route 17, soon to be redesig- W. McCabe, Sr. Post Office. (a) DESIGNATION.—The facility of the nated as part of the interstate highway Mrs. MORELLA. Mr. Speaker, I yield United States Postal Service located at 3500 system, Interstate 86. The construction myself such time as I may consume to Dolfield Avenue in Baltimore, Maryland, of that Route 17 brought economic de- congratulate the gentleman from New shall be known and designated as the ‘‘Judge Robert Bernard Watts, Sr. Post Office Build- velopment to the area. At a time when York (Mr. HINCHEY) for introducing ing’’. the region was dumping raw sewage this bill for someone who certainly de- into the Susquehanna River, Jim (b) REFERENCES.—Any reference in a law, serves the recognition. map, regulation, document, paper, or other helped establish the Binghamton-John- Mr. Speaker, I reserve the balance of record of the United States to the facility re- son City Joint Sewer Treatment Plant, my time. ferred to in subsection (a) shall be deemed to which still serves the people of Broome Mr. CUMMINGS. Mr. Speaker, I yield be a reference to the ‘‘Judge Robert Bernard County. And it was his foresight and myself such time as I may consume. Watts, Sr. Post Office Building’’.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17151 The SPEAKER pro tempore. Pursu- on Postal Service, for their support in Bon Secours Hospital, which is located ant to the rule, the gentlewoman from bringing this bill to the floor. in the seventh Congressional District. Maryland (Mrs. MORELLA) and the gen- I believe that persons who have made He chaired three gubernatorial task tleman from Maryland (Mr. CUMMINGS) meaningful contributions to society forces regarding family law, AIDS, and each will control 20 minutes. should be recognized. The naming of a prison overcrowding and served the The Chair recognizes the gentle- postal building in one’s honor is truly community as a member of Alpha Phi woman from Maryland (Mrs. MORELLA). a salute to the accomplishments and Alpha Fraternity, Inc. GENERAL LEAVE public service of an individual. He died October 8, 1998. Mrs. MORELLA. Mr. Speaker, I ask H.R. 4448 designates the United He was such a wonderful, wonderful unanimous consent that all Members States Postal Building located at 3500 husband to his wife Jacqueline. He was may have 5 legislative days within Dolfield Avenue, Baltimore, Maryland, married to her for over 50 years. And so we take this moment to sa- which to revise and extend their re- as the ‘‘Judge Robert Bernard Watts, lute him for all that he has done to marks on H.R. 4448. Sr. Post Office Building.’’ I am pleased to be able to speak make life better for so many people. The SPEAKER pro tempore. Is there One great author said that, when objection to the request of the gentle- today about Judge Robert Bernard Watts, Sr. Judge Watts was born in speaking of a great person, he said he woman from Maryland? brought life to life. It is clear that There was no objection. west Baltimore, was at the center of the civil rights movement in the State Judge Watts did that. Mrs. MORELLA. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of of Maryland. He began his civil rights myself such time as I may consume. my time. Mr. Speaker, it is an honor to bring work as chairman of the NAACP Youth Mrs. MORELLA. Mr. Speaker, again I before the House H.R. 4448, legislation Chapter at Morgan State University. thank the gentleman from Maryland His chapter, with 200 members, was the that was introduced by our colleague, (Mr. CUMMINGS) for introducing this the gentleman from Maryland (Mr. largest in the country at that time. Be- legislation. CUMMINGS). This bill was introduced on cause of his outstanding work, the Mr. Speaker, I reserve the balance of May 15 of this year and is supported by NAACP sent him to his first national my time. all Members of the House delegation convention in Atlanta, Georgia, in 1942, Mr. CUMMINGS. Mr. Speaker, I am from the State of Maryland, and I am where he met the late Justice very pleased to yield 5 minutes to my honored to be a cosponsor. Thurgood Marshall with whom he distinguished colleague, the gentleman worked for 15 years on various civil b 1600 from Maryland (Mr. CARDIN). rights cases. Mr. CARDIN. Mr. Speaker, first let This legislation designates the He was the first African American to me thank my friends, the gentleman United States Post Office located at be appointed full time to the bench of from Maryland (Mr. CUMMINGS) and the 3500 Dolfield Avenue in Baltimore, the Municipal Court of Baltimore City. gentlewoman from Maryland (Mrs. Maryland, as the ‘‘Judge Robert Ber- He then served in the Army until 1945. MORELLA), for bringing forward this nard Watts, Sr. Post Office.’’ He earned a law degree from the Uni- legislation that honors Judge Watts. Judge Watts graduated with honors versity of Maryland, my alma mater, I can think of no person more appro- from Morgan State College in 1943. He in 1949, where he was the editor of the priate to be honored than Judge Watts. joined the Army and served until 1945. Maryland Law Review, which is a very He was my friend. He was my mentor. After this service, he earned a law de- high honor. As my colleagues have pointed out, gree from the University of Maryland Also in 1949, he formed the first yes, he was responsible for breaking in 1948. major African American law firm in many barriers. He was an outstanding Judge Watts was deeply involved Baltimore. He was the first African jurist. He was a colleague of my father with the civil rights movement and American appointed to the Municipal on the Supreme Bench of Baltimore worked closely with the NAACP. He Court in Maryland. In 1968 he was ap- City and a close friend of my father was instrumental in desegregating nu- pointed by Governor Spiro Agnew to and our family. merous theaters, restaurants, depart- the Supreme Bench of Baltimore City. I remember sharing many dinners to- ment stores, hotels, and the Gwynn As a judge, Watts was instrumental gether with Judge Watts and his fam- Oak Amusement Park. Judge Robert in desegregating numerous theaters, ily. He was an extraordinary indi- Bernard Watts was the first African restaurants, department stores, hotels, vidual. But I think his greatest accom- American to be appointed full time to and the Gwynn Oak Amusement Park. plishment was the way that Judge the bench of the Municipal Court of He was the first judge in Maryland to Watts was able to bring communities Baltimore City and was the first judge open hundreds of adoption records, re- and people together. He could mediate in Maryland to open hundreds of adop- uniting numerous families. Judge problems in a neighborhood. He could tion records. Watts was one of the few judges who mediate problems in a city. He could Mr. Speaker, I urge all Members to volunteered to be a part of our family mediate problems in our State. He was support H.R. 4448 in honor of a gen- court, the court that dealt with var- called upon by governors, by legisla- tleman, a gentleman who has made a ious disputes with regard to family tors, by jurists, by attorneys to help difference in the lives of his commu- matters, divorces, adoptions, and child bring his wisdom to improve our com- nity and his State. support. munity. And as the gentleman from I also want to congratulate the gen- I had an opportunity, many opportu- Maryland (Mr. CUMMINGS) pointed out, tleman from Maryland (Mr. CUMMINGS) nities, to go before him. And quite he never turned down a request, serv- for taking time to introduce this bill often he would tell us that the reason ing on 14 boards at one time. and for bringing the good works of why he liked doing this kind of work Let me just share with my colleagues Judge Watts to the attention of our was because he wanted to bring fami- one example of one board that he colleagues. lies together and have them see the agreed to serve on. He served with me Mr. Speaker, I reserve the balance of bigger picture. He cared so much about as a trustee at St. Mary’s College in St. my time. children he wanted to make sure that Mary’s City, Maryland, not exactly Mr. CUMMINGS. Mr. Speaker, I yield fathers understood that they needed to close to his hometown of Baltimore. It myself such time as I may consume. be a part of their children’s lives. was about a 2-hour commute in order Mr. Speaker, I would like to thank Moreover, Judge Robert Watts not to attend the trustees meetings. the gentlewoman from Maryland (Mrs. only served justly and fairly in the Now, Judge Watts was well known in MORELLA), the gentleman from New courtroom but served in numerous or- Baltimore, but he was willing to take York (Mr. MCHUGH), and the gentleman ganizations in the community. At one his knowledge and expertise and use it from Pennsylvania (Mr. FATTAH) the point in his career he served on 14 to help a small liberal arts college in a ranking member of the Subcommittee boards at the same time, among them rural part of our State.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17152 CONGRESSIONAL RECORD—HOUSE September 6, 2000 He never missed a meeting that I can the House suspend the rules and pass from Columbia University, and she pur- remember. He was always an active the bill, H.R. 4448. sued postgraduate studies in English participant. We had a very sensitive The question was taken. and speech at Ohio State University issue that, quite frankly, I do not Mrs. MORELLA. Mr. Speaker, on and Catholic University of America, re- think anyone but Judge Watts could that I demand the yeas and nays. spectively. have resolved. The yeas and nays were ordered. Dr. Dedmond taught and held admin- St. Mary’s College is one of the finest The SPEAKER pro tempore. Pursu- istrative positions at Allen University, public liberal arts colleges in this Na- ant to clause 8 of rule XX and the Benedict College, Knoxville College, tion. And this is a tribute also to Judge Chair’s prior announcement, further Morgan State University, and Coppin Watts’ talent, leadership, and willing- proceedings on this motion will be State College, where she spent 31 years ness to get involved in community ac- postponed. in various posts. tivities. f She held various positions at Coppin, Mr. Speaker, he spent his life serving including professor of English, head of DR. FLOSSIE MCCLAIN DEDMOND his community. I am proud that today the English Department, and chair of POST OFFICE BUILDING we are going to be able to honor his numerous committees. She was also community by the naming of this facil- Mrs. MORELLA. Mr. Speaker, I move the director of the summer/evening col- ity. to suspend the rules and pass the bill lege and retired as dean of the arts and I congratulate all involved. (H.R. 4449) to designate the facility of sciences division. Mrs. MORELLA. Mr. Speaker, I re- the United States Postal Service lo- The first residence hall at Coppin serve the balance of my time. cated at 1908 North Ellamont Street in State College was named ‘‘The Flossie Mr. CUMMINGS. Mr. Speaker, I yield Baltimore, Maryland, as the ‘‘Dr. M. Dedmond Center for Living and myself such time as I may consume. Flossie McClain Dedmond Post Office Learning.’’ Dr. Dedmond was bestowed Mr. Speaker, I want to thank the Building.’’ the honor of Dean Emeritus when she gentleman from Maryland (Mr. CARDIN) The Clerk read as follows: retired from Coppin State. for his comments. As he was speaking, H.R. 4449 Dr. Dedmond passed away on Sep- I could not help but remember the Be it enacted by the Senate and House of Rep- tember 11, 1998. many times that Judge Watts sat in resentatives of the United States of America in Mr. Speaker, I urge our colleagues to the meetings of blacks and Jews, we Congress assembled, support H.R. 4449, a bill that honors a called them Blews, and tried to make SECTION 1. DR. FLOSSIE McCLAIN DEDMOND great academician who has inspired in- sure that African-Americans and Jew- POST OFFICE BUILDING. numerable young Americans. ish people worked together to resolve (a) DESIGNATION.—The facility of the I also want to recognize the dedi- problems. He was a man who con- United States Postal Service located at 1908 North Ellamont Street in Baltimore, Mary- cated work of the gentleman from stantly looked for what people had in land, shall be known and designated as the Maryland (Mr. CUMMINGS) in bringing common, as opposed to their dif- ‘‘Dr. Flossie McClain Dedmond Post Office this legislation to the floor. ferences; and he fully understood that Building’’. Mr. Speaker, I reserve the balance of if we concentrated on the things we (b) REFERENCES.—Any reference in a law, my time. have in common, we can accomplish so map, regulation, document, paper, or other Mr. CUMMINGS. Mr. Speaker, I yield very, very much. record of the United States to the facility re- myself such time as I may consume. So we take this moment not only to ferred to in subsection (a) shall be deemed to Mr. Speaker, Dr. Flossie McClain salute Judge Watts, but we also salute be a reference to the ‘‘Dr. Flossie McClain Dedmond Post Office Building’’. Dedmond earned a bachelor’s degree in Mrs. Watts, Jacqueline Watts; his five English from Fisk University, received children Robert, Rodney, Jacqueline, The SPEAKER pro tempore. Pursu- a master’s degree from Columbia Uni- Janelle, and Bobbett; and we take this ant to the rule, the gentlewoman from versity, and pursued postgraduate moment to name this post office after Maryland (Mrs. MORELLA) and the gen- studies at Ohio State University and him so that, as I have said so many, tleman from Maryland (Mr. CUMMINGS) Catholic University of America. She many times, so that when children each will control 20 minutes. served in teaching and administrative The Chair recognizes the gentle- look at the post office and look at the positions at Allen University, Benedict woman from Maryland (Mrs. MORELLA). name up there, they can say, Well, who College, Knoxville College, Morgan was Judge Watts? And it may be many, GENERAL LEAVE State University, and Coppin State many years from now and somebody Mrs. MORELLA. Mr. Speaker, I ask College. will be able to say, Well, he was a great unanimous consent that all Members 1615 jurist, he was a great great humani- may have 5 legislative days within b tarian and, in the words of the gen- which to revise and extend their re- Dr. Dedmond spent 31 years working tleman from Maryland (Mr. CARDIN), he marks on H.R. 4449. at Coppin State College where she was a consensus builder and one who The SPEAKER pro tempore. Is there served in numerous roles. Upon her re- brought people together. objection to the request of the gentle- tirement, the honor of Dean Emeritus I do not think we can give any great- woman from Maryland? was bestowed upon her. In 1993, er tribute to any person greater than There was no objection. Coppin’s first residence hall was named the one we have given here today. I Mrs. MORELLA. Mr. Speaker, I yield after her and is called the Flossie M. urge passage of this legislation. myself such time as I may consume. Dedmond Center for Living and Learn- Mr. Speaker, I yield back the balance Mr. Speaker, the bill before us, H.R. ing. of my time. 4449, was introduced by the gentleman A talented musician, Dr. Dedmond Mrs. MORELLA. Mr. Speaker, I yield from Maryland (Mr. CUMMINGS), my composed the alma mater for Allen myself such time as I may consume. colleague. This legislation designates University, and the song is still in use Mr. Speaker, we can see there is una- the post office located at 1908 North today. Along with her other many tal- nimity among the Maryland delegation Ellamont Street in Baltimore, Mary- ents and honors, Dr. Dedmond was a on behalf of the Nation and the service land, as the ‘‘Dr. Flossie McClain prize winning poet. For over 6 years, of Judge Robert Bernard Watts, Sr. So Dedmond Post Office.’’ Each member of she served as the Governor’s appointee I urge passage of this bill. the Maryland delegation has cospon- on a 13-member appellate judicial Mr. Speaker, I yield back the balance sored this legislation, pursuant to the nominating commission. She is the of my time. policy of the Committee on Govern- former national vice president of the The SPEAKER pro tempore (Mr. ment Reform. National Council of Negro Women. Dr. KUYKENDALL). The question is on the Dr. Flossie McClain Dedmond earned Dedmond was also a 52-year member of motion offered by the gentlewoman a bachelor’s degree in English from Alpha Kappa Alpha Sorority, a service from Maryland (Mrs. MORELLA) that Fisk University, a master’s degree sorority. In her many years of service

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17153 to this organization, she was a former A motion to reconsider was laid on the United States District Court for the national public relations director of the table. Northern District of Ohio. Sincerely, the sorority and was one of the organi- f zation’s incorporators of the Cleveland BETTY MANENTE. COMMUNICATION FROM THE HON- Job Corps. She died on September 11, f 1998. ORABLE BART STUPAK, MEMBER Dr. Burnett, the President of Coppin OF CONGRESS COMMUNICATION FROM STAFF State University, tells a very inter- The SPEAKER pro tempore laid be- MEMBER OF THE HONORABLE esting story about how, when she was fore the House the following commu- JAMES A. TRAFICANT, JR., MEM- dean, she had a major trip that she was nication from the Honorable BART STU- BER OF CONGRESS supposed to take to Austria to deliver PAK, Member of Congress: The SPEAKER pro tempore laid be- a paper and it was probably the most CONGRESS OF THE UNITED STATES, important trip of her life as a college fore the House the following commu- HOUSE OF REPRESENTATIVES, nication from Faye Sarra, office of the educator. He said that she was pre- Washington, DC, August 9, 2000. Honorable JAMES A. TRAFICANT, Jr., pared to go but they had some prob- Hon. J. DENNIS HASTERT, lems at the university and so he Speaker, House of Representatives, Member of Congress: thought that she had flown off to de- Washington, DC. CONGRESS OF THE UNITED STATES, liver her paper in Austria. So he walks DEAR MR. SPEAKER: This is to formally no- HOUSE OF REPRESENTATIVES, in early that Monday morning to try to tify you, pursuant to Rule VIII of the Rules Washington, DC, August 10, 2000. Hon. J. DENNIS HASTERT, address the problems, and she is sitting of the House of Representatives, that my of- fice has been served with a civil subpoena for Speaker, U.S. House of Representatives, there in his office. He said, ‘‘Why are documents issued by the Circuit Court for Washington, DC. you still here?’’ She says, ‘‘I’m here be- the 47th Judicial Circuit of Michigan and di- DEAR MR. SPEAKER: This is to formally no- cause I didn’t want to leave you here to rected to the ‘‘Custodian of Records.’’ tify you pursuant to Rule VIII of the Rules drown. I wanted to stay here to make After consultation with the Office of Gen- of the House that I have received a subpoena sure that the students who come eral Counsel, I have determined that it is for testimony before the grand jury issued by through the doors of this university consistent with the precedents and privileges the United States District Court for the have an opportunity to move forward of the House to notify the party that issued Northern District of Ohio. and become the great people that I the subpoenas that I do not have any respon- Sincerely, sive documents. FAYE SARRA. know that they can be.’’ Sincerely, That was what Dr. Dedmond was all BART STUPAK, f about, touching the lives of college stu- Member of Congress. dents, making sure that they were pre- COMMUNICATION FROM THE PRO- f pared to go out of the doors of Coppin DUCTION OPERATIONS MAN- State University and other historically COMMUNICATION FROM STAFF AGER, OFFICE OF COMMUNICA- black colleges and universities so that MEMBER OF THE HONORABLE TION MEDIA, OFFICE OF CHIEF they could touch others to make their JAMES A. TRAFICANT, JR., MEM- ADMINISTRATIVE OFFICER lives better. BER OF CONGRESS The SPEAKER pro tempore laid be- She would often talk about breaking The SPEAKER pro tempore laid be- fore the House the following commu- the cycle of poverty and breaking the fore the House the following commu- nication from Gary Denick, Production cycle of illiteracy and breaking the nication from Anthony Traficanti, of- Operations Manager, Office of Commu- cycle of alcoholism and health prob- fice of the Honorable JAMES A. TRAFI- nication Media, Office of Chief Admin- lems and she wanted to do her part; CANT, Jr., Member of Congress: istrative Officer: and she did, staying so long at Coppin CONGRESS OF THE UNITED STATES, State University, touching the young OFFICE OF THE CHIEF ADMINISTRA- HOUSE OF REPRESENTATIVES, TIVE OFFICER, HOUSE OF REP- people’s lives, making it so that they Washington, DC, August 10, 2000. RESENTATIVES, could break the cycles in their own Hon. J. DENNIS HASTERT, Washington, DC, August 21, 2000. families. And so today we salute her. Speaker, House of Representatives, Hon. J. DENNIS HASTERT, Mr. Speaker, I urge all of my col- Washington, DC. Speaker, House of Representatives, leagues to vote in favor of this very im- DEAR MR. SPEAKER: This is to formally no- Washington, DC. portant legislation. tify you pursuant to Rule VIII of the Rules DEAR MR. SPEAKER: This is to notify you Mr. Speaker, I yield back the balance of the House that I have received a subpoena formally, pursuant to Rule VIII of the Rules of my time. for testimony before the grand jury issued by of the House of Representatives, that I have Mrs. MORELLA. Mr. Speaker, I yield the United States District Court for the been served with a subpoena for testimony myself such time as I may consume. Northern District of Ohio. and production of records issued by the Su- Sincerely, This legislation honors a woman, Dr. perior Court for the District of Columbia. ANTHONY TRAFICANT I. After consultation with the Office of Gen- Dedmond, who was a woman of arts and f eral Counsel, I have determined that compli- letters and great service to her country ance with the subpoena is consistent with and to her community. COMMUNICATION FROM STAFF the privileges and rights of the House. It is important that we open the MEMBER OF THE HONORABLE Sincerely, doors of opportunity for others, but it JAMES A. TRAFICANT, JR., MEM- GARY DENICK, is also very important that we prepare BER OF CONGRESS Production Operations Manager, them to go through those doors. That Office of Communication Media. The SPEAKER pro tempore laid be- is what Dr. Dedmond did. I urge passage of H.R. 4449. fore the House the following commu- f Mr. Speaker, I yield back the balance nication from Betty Manente, office of COMMUNICATION FROM THE ACT- of my time. the Honorable JAMES A. TRAFICANT, The SPEAKER pro tempore (Mr. Jr., Member of Congress: ING ASSOCIATE ADMINIS- TRATOR, OFFICE OF HUMAN RE- KUYKENDALL). The question is on the CONGRESS OF THE UNITED STATES, motion offered by the gentlewoman HOUSE OF REPRESENTATIVES, SOURCES, OFFICE OF CHIEF AD- MINISTRATIVE OFFICER from Maryland (Mrs. MORELLA) that Washington, DC, August 10, 2000. the House suspend the rules and pass Hon. J. DENNIS HASTERT, The SPEAKER pro tempore laid be- Speaker, U.S. House of Representatives, fore the House the following commu- the bill, H.R. 4449. Washington, DC. The question was taken; and (two- DEAR MR. SPEAKER: This is to formally no- nication from J. Michael Dorsey, Act- thirds having voted in favor thereof) tify you pursuant to Rule VIII of the Rules ing Associate Administrator, Office of the rules were suspended and the bill of the House that I have received a subpoena Human Resources, Office of Chief Ad- was passed. for testimony before the grand jury issued by ministrative Officer:

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OFFICE OF THE CHIEF ADMINISTRA- [Roll No. 451] Paul Sandlin Taylor (MS) TIVE OFFICER, HOUSE OF REP- Payne Sanford Taylor (NC) YEAS—404 Pease Sawyer RESENTATIVES, Terry Abercrombie DeMint Johnson (CT) Pelosi Saxton Washington, DC, August 28, 2000. Thomas Aderholt Deutsch Johnson, E. B. Peterson (MN) Scarborough Thompson (CA) Hon. J. DENNIS HASTERT, Allen Diaz-Balart Johnson, Sam Peterson (PA) Schaffer Thompson (MS) Speaker, House of Representatives, Archer Dickey Jones (NC) Petri Schakowsky Thornberry Washington, DC. Armey Dicks Kanjorski Phelps Scott Thune Baca Dingell Kaptur Pickering Sensenbrenner DEAR MR. SPEAKER: This is to formally no- Thurman Bachus Dixon Kasich Pickett Serrano tify you, pursuant to Rule VIII of the Rules Tiahrt of the House of Representatives, that I have Baird Doggett Kelly Pitts Sessions Baker Dooley Kennedy Pombo Shaw Tierney been served with a civil trial subpoena for Baldacci Doolittle Kildee Pomeroy Shays Toomey documents issued by the Superior Court for Baldwin Doyle Kilpatrick Porter Sherman Towns Los Angeles County, California. Ballenger Dreier Kind (WI) Portman Sherwood Traficant After consultation with the Office of Gen- Barcia Duncan King (NY) Price (NC) Shimkus Turner eral Counsel, I have determined that compli- Barr Dunn Kingston Pryce (OH) Shows Udall (CO) ance with the subpoena is consistent with Barrett (NE) Edwards Kleczka Quinn Shuster Udall (NM) the precedents and privileges of the House. Barrett (WI) Ehlers Knollenberg Radanovich Simpson Upton Bartlett English Kolbe Rahall Sisisky Sincerely, Velazquez Barton Eshoo Kucinich Ramstad Skeen Visclosky J. MICHAEL DORSEY, Bass Etheridge Kuykendall Rangel Skelton Vitter Acting Associate Administrator, Office of Bateman Evans LaFalce Regula Slaughter Walsh Human Resources. Becerra Everett LaHood Reynolds Smith (MI) Wamp Bentsen Ewing Lantos Riley Smith (NJ) f Waters Bereuter Farr Largent Rivers Smith (TX) Watkins Berkley Fattah Larson Rodriguez Smith (WA) RECESS Watt (NC) Berman Filner Latham Roemer Snyder Watts (OK) Berry Fletcher Leach Rogan Spence Waxman The SPEAKER pro tempore. Pursu- Biggert Foley Lee Rogers Spratt Weldon (FL) ant to clause 12 of rule I, the Chair de- Bilbray Forbes Levin Rohrabacher Stabenow Weldon (PA) Bilirakis Ford Lewis (CA) Ros-Lehtinen Stark clares the House in recess until ap- Weller proximately 6 p.m. today. Blagojevich Fossella Lewis (GA) Rothman Stearns Bliley Fowler Lewis (KY) Roukema Stenholm Wexler Accordingly (at 4 o’clock and 22 min- Blumenauer Frank (MA) Linder Roybal-Allard Stump Weygand utes p.m.), the House stood in recess Blunt Frelinghuysen Lipinski Royce Stupak Whitfield until approximately 6 p.m. Boehlert Frost LoBiondo Rush Sununu Wicker Boehner Gallegly Lofgren Ryan (WI) Sweeney Wilson f Bonilla Ganske Lucas (KY) Ryun (KS) Talent Wolf Bonior Gejdenson Lucas (OK) Sabo Tancredo Woolsey b 1800 Bono Gekas Luther Salmon Tanner Wu Borski Gephardt Maloney (CT) Sanchez Tauscher Wynn AFTER RECESS Boswell Gibbons Maloney (NY) Sanders Tauzin Young (FL) Boucher Gilchrest Manzullo The recess having expired, the House Boyd Gillmor Markey NOT VOTING—30 was called to order by the Speaker pro Brady (PA) Gilman Martinez Ackerman Jones (OH) Owens Brady (TX) Gonzalez Mascara tempore (Mr. KUYKENDALL) at 6 p.m. Andrews Klink Reyes Brown (FL) Goode Matsui Bishop Lampson Shadegg f Brown (OH) Goodlatte McCarthy (MO) Cook LaTourette Souder Bryant Goodling McCarthy (NY) Danner Lazio Strickland ANNOUNCEMENT BY THE SPEAKER Burr Gordon McCrery Ehrlich Lowey Vento Burton Goss McDermott Emerson McCollum Walden PRO TEMPORE Buyer Graham McGovern Engel McIntosh Weiner The SPEAKER pro tempore. Pursu- Callahan Granger McHugh Franks (NJ) Meeks (NY) Wise Calvert Green (TX) McInnis Jefferson Mollohan Young (AK) ant to clause 8, rule XX, the Chair will Camp Green (WI) McIntyre now put the question on each motion Campbell Greenwood McKeon b 1823 to suspend the rules on which further Canady Gutierrez McKinney Cannon Gutknecht McNulty So (two-thirds having voted in favor proceedings were postponed earlier Capps Hall (OH) Meehan thereof), the rules were suspended and today in the order in which that mo- Capuano Hall (TX) Meek (FL) the bill was passed. tion was entertained. Cardin Hansen Menendez The result of the vote was announced Votes will be taken in the following Carson Hastings (FL) Metcalf Castle Hastings (WA) Mica as above recorded. order: Chabot Hayes Millender- A motion to reconsider was laid on H.R. 4884, by the yeas and nays; Chambliss Hayworth McDonald the table. H.R. 4484, by the yeas and nays; Chenoweth-Hage Hefley Miller (FL) Clay Herger Miller, Gary f H.R. 4448, by the yeas and nays. Clayton Hill (IN) Miller, George The Chair will reduce to 5 minutes Clement Hill (MT) Minge ANNOUNCEMENT BY THE SPEAKER the time for any electronic vote after Clyburn Hilleary Mink PRO TEMPORE the first such vote in this series. Coble Hilliard Moakley Coburn Hinchey Moore The SPEAKER pro tempore (Mr. f Collins Hinojosa Moran (KS) KUYKENDALL). Pursuant to clause 8 of Combest Hobson Moran (VA) rule XX, the Chair will reduce to 5 min- WILLIAM S. BROOMFIELD POST Condit Hoeffel Morella Conyers Hoekstra Murtha utes the minimum time for electronic OFFICE BUILDING Cooksey Holden Myrick voting on each additional motion to The SPEAKER pro tempore. The Costello Holt Nadler suspend the rules on which the Chair Cox Hooley Napolitano pending business is the question of sus- Coyne Horn Neal has postponed further proceedings. pending the rules and passing the bill, Cramer Hostettler Nethercutt f H.R. 4884. Crane Houghton Ney The Clerk read the title of the bill. Crowley Hoyer Northup EVERETT ALVAREZ, JR. POST Cubin Hulshof Norwood OFFICE BUILDING The SPEAKER pro tempore. The Cummings Hunter Nussle question is on the motion offered by Cunningham Hutchinson Oberstar The SPEAKER pro tempore. The the gentlewoman from Maryland (Mrs. Davis (FL) Hyde Obey pending business is the question of sus- Davis (IL) Inslee Olver MORELLA) that the House suspend the Davis (VA) Isakson Ortiz pending the rules and passing the bill, rules and pass the bill, H.R. 4884, on Deal Istook Ose H.R. 4484. which the yeas and nays are ordered. DeFazio Jackson (IL) Oxley The Clerk read the title of the bill. The vote was taken by electronic de- DeGette Jackson-Lee Packard The SPEAKER pro tempore. The Delahunt (TX) Pallone vice, and there were—yeas 404, nays 0, DeLauro Jenkins Pascrell question is on the motion offered by not voting 30, as follows: DeLay John Pastor the gentlewoman from Maryland (Mrs.

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MORELLA) that the House suspend the Millender- Regula Stenholm The SPEAKER pro tempore. The rules and pass the bill, H.R. 4484, on McDonald Reynolds Strickland question is on the motion offered by Miller (FL) Riley Stump which the yeas and nays are ordered. Miller, Gary Rivers Stupak the gentlewoman from Maryland (Mrs. This will be a 5-minute vote. Miller, George Rodriguez Sununu MORELLA) that the House suspend the Minge Roemer Sweeney rules and pass the bill, H.R. 4448, on The vote was taken by electronic de- Mink Rogan Talent which the yeas and nays are ordered. vice, and there were—yeas 403, nays 0, Moakley Rogers Tancredo not voting 31, as follows: Moore Rohrabacher Tanner This will be a 5-minute vote. Moran (KS) Ros-Lehtinen Tauscher [Roll No. 452] Moran (VA) Rothman The vote was taken by electronic de- Tauzin Morella Roukema vice, and there were—yeas 404, nays 0, Taylor (MS) YEAS—403 Murtha Roybal-Allard Taylor (NC) not voting 30, as follows: Abercrombie Cunningham Holden Myrick Royce Terry Aderholt Davis (FL) Holt Nadler Rush [Roll No 453] Allen Davis (IL) Napolitano Ryan (WI) Thomas Hooley YEAS—404 Archer Davis (VA) Horn Neal Ryun (KS) Thompson (CA) Armey Deal Hostettler Nethercutt Sabo Thompson (MS) Abercrombie Cubin Hilliard Baca DeFazio Houghton Ney Salmon Thornberry Aderholt Cummings Hinchey Bachus DeGette Hoyer Northup Sanchez Thune Allen Cunningham Hinojosa Baird Delahunt Hulshof Norwood Sanders Thurman Archer Davis (FL) Hobson Baker DeLauro Hunter Oberstar Sandlin Tiahrt Armey Davis (IL) Hoeffel Baldacci DeLay Hutchinson Obey Sanford Tierney Baca Davis (VA) Hoekstra Baldwin DeMint Hyde Olver Sawyer Toomey Bachus Deal Holden Ballenger Deutsch Inslee Ortiz Saxton Towns Baird DeFazio Holt Barcia Diaz-Balart Isakson Ose Scarborough Traficant Baker DeGette Hooley Barr Dickey Istook Oxley Schaffer Turner Baldacci Delahunt Horn Barrett (NE) Dicks Jackson (IL) Packard Scott Udall (CO) Baldwin DeLauro Hostettler Barrett (WI) Dingell Jackson-Lee Pallone Sensenbrenner Udall (NM) Ballenger DeLay Houghton Bartlett Dixon (TX) Pascrell Serrano Upton Barcia DeMint Hoyer Barton Doggett Jefferson Pastor Sessions Velazquez Barr Deutsch Hulshof Bass Dooley Jenkins Paul Shaw Visclosky Barrett (NE) Diaz-Balart Hunter Bateman Doolittle John Payne Shays Vitter Barrett (WI) Dickey Hutchinson Becerra Doyle Johnson, E. B. Pease Sherman Walsh Bartlett Dicks Hyde Bentsen Dreier Johnson, Sam Pelosi Sherwood Wamp Barton Dingell Inslee Bereuter Duncan Peterson (MN) Shimkus Bass Dixon Isakson Jones (NC) Waters Berkley Dunn Peterson (PA) Shows Bateman Doggett Istook Kanjorski Watkins Berman Edwards Petri Shuster Becerra Dooley Jackson (IL) Kaptur Watt (NC) Berry Ehlers Phelps Simpson Bentsen Doolittle Jackson-Lee Kasich Watts (OK) Biggert English Kelly Pickering Sisisky Bereuter Doyle (TX) Bilbray Eshoo Pickett Skeen Waxman Berkley Dreier Jefferson Kennedy Weldon (FL) Bilirakis Etheridge Kildee Pitts Skelton Berman Duncan Jenkins Blagojevich Evans Pombo Slaughter Weldon (PA) Berry Dunn John Kilpatrick Weller Bliley Everett Kind (WI) Pomeroy Smith (MI) Biggert Edwards Johnson (CT) Blumenauer Ewing Wexler Bilbray Ehlers King (NY) Porter Smith (NJ) Johnson, E.B. Blunt Fattah Portman Smith (TX) Weygand Bilirakis English Johnson, Sam Kingston Boehlert Filner Price (NC) Smith (WA) Whitfield Blagojevich Eshoo Jones (NC) Kleczka Boehner Fletcher Pryce (OH) Snyder Wicker Blumenauer Etheridge Kanjorski Knollenberg Bonilla Foley Quinn Spence Wolf Blunt Evans Kaptur Kolbe Bonior Forbes Radanovich Spratt Woolsey Boehlert Everett Kasich Kucinich Bono Ford Rahall Stabenow Wu Boehner Ewing Kelly Kuykendall Borski Fossella Ramstad Stark Wynn Bonilla Farr Kennedy LaFalce Boswell Fowler Rangel Stearns Young (FL) Bonior Fattah Kildee LaHood Boucher Frank (MA) Bono Filner Kilpatrick Lantos Boyd Frelinghuysen NOT VOTING—31 Borski Fletcher Kind (WI) Largent Brady (PA) Frost Ackerman Jones (OH) Schakowsky Boswell Foley King (NY) Larson Brady (TX) Gallegly Andrews Klink Boucher Forbes Kingston Latham Shadegg Brown (FL) Ganske Bishop Lampson Boyd Ford Kleczka Leach Souder Brown (OH) Gejdenson Cook LaTourette Brady (PA) Fossella Knollenberg Lee Vento Bryant Gekas Danner Lazio Brady (TX) Fowler Kolbe Levin Walden Burr Gephardt Ehrlich McCollum Brown (FL) Frank (MA) Kucinich Lewis (CA) Weiner Burton Gibbons Emerson McIntosh Brown (OH) Frelinghuysen Kuykendall Lewis (GA) Wilson Buyer Gilchrest Engel Mollohan Bryant Frost LaFalce Lewis (KY) Wise Callahan Gillmor Farr Nussle Burr Gallegly LaHood Linder Young (AK) Calvert Gilman Franks (NJ) Owens Burton Gejdenson Lantos Camp Gonzalez Lipinski Johnson (CT) Reyes Buyer Gekas Largent Campbell Goode LoBiondo Callahan Gephardt Larson Canady Goodlatte Lofgren b 1833 Calvert Gibbons Latham Cannon Goodling Lowey Camp Gilchrest Leach Capps Gordon Lucas (KY) So (two-thirds having voted in favor Campbell Gillmor Lee Capuano Goss Lucas (OK) thereof) the rules were suspended and Canady Gilman Levin Luther Cardin Graham the bill was passed. Cannon Gonzalez Lewis (CA) Carson Granger Maloney (CT) Capps Goode Lewis (GA) Castle Green (TX) Maloney (NY) The result of the vote was announced Capuano Goodlatte Lewis (KY) Chabot Green (WI) Manzullo as above recorded. Cardin Goodling Linder Chambliss Greenwood Markey A motion to reconsider was laid on Carson Gordon Lipinski Chenoweth-Hage Gutierrez Martinez Chabot Goss LoBiondo Clay Gutknecht Mascara the table. Chambliss Graham Lofgren Clayton Hall (OH) Matsui Stated for: Chenoweth-Hage Granger Lowey Clement Hall (TX) McCarthy (MO) Mrs. JOHNSON of Connecticut. Mr. Speak- Clay Green (TX) Lucas (KY) Clyburn Hansen McCarthy (NY) Clayton Green (WI) Lucas (OK) Coble Hastings (FL) McCrery er, on rollcall No. 452 I put my card in the box Clement Greenwood Luther Coburn Hastings (WA) McDermott but it failed to register. Had it registered, I Clyburn Gutierrez Maloney (CT) Collins Hayes McGovern would have voted ‘‘yes.’’ Coble Gutknecht Maloney (NY) Combest Hayworth McHugh Coburn Hall (OH) Manzullo Condit Hefley McInnis f Collins Hall (TX) Markey Conyers Herger McIntyre Combest Hansen Martinez Cooksey Hill (IN) McKeon JUDGE ROBERT BERNARD WATTS, Condit Hastings (FL) Mascara Costello Hill (MT) McKinney SR. POST OFFICE BUILDING Conyers Hastings (WA) Matsui Cox Hilleary McNulty Cooksey Hayes McCarthy (MO) Coyne Hilliard Meehan The SPEAKER pro tempore (Mr. Costello Hayworth McCarthy (NY) Cramer Hinchey Meek (FL) KUYKENDALL). The pending business is Cox Hefley McCrery Crane Hinojosa Meeks (NY) the question of suspending the rules Coyne Herger McDermott Crowley Hobson Menendez Cramer Hill (IN) McGovern Cubin Hoeffel Metcalf and passing the bill, H.R. 4448. Crane Hill (MT) McHugh Cummings Hoekstra Mica The Clerk read the title of the bill. Crowley Hilleary McInnis

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17156 CONGRESSIONAL RECORD—HOUSE September 6, 2000 McIntyre Price (NC) Spratt OFFICE OF THE CLERK, by the House Ways and Means Com- McKeon Pryce (OH) Stabenow HOUSE OF REPRESENTATIVES, mittee this year provide about as much McKinney Quinn Stark Washington, DC, August 7, 2000. McNulty Radanovich Stearns benefit to the top 1 percent of Ameri- Hon. J. DENNIS HASTERT, Meehan Rahall Stenholm cans as to the bottom 80 percent com- Speaker, House of Representatives, Meek (FL) Ramstad Strickland bined. Families in the top 1 percent get Meeks (NY) Rangel Washington, DC. Stump an average tax break of over $16,000, Menendez Regula Stupak DEAR MR. SPEAKER: Pursuant to the per- Metcalf Reynolds Sununu mission granted in Clause 2(h) of Rule II of while a middle-class family gets only Mica Riley Sweeney the Rules of the U.S. House of Representa- $220 on average. But if interest rates Millender- Rivers Talent tives, I have the honor to transmit a sealed McDonald Rodriguez went up because of the congressional Tancredo envelope received from the White House on Miller (FL) Roemer majority’s plan by even one-third of Tanner Monday, August 7, 2000 at 12:25 p.m., and said Miller, Gary Rogan Tauscher to contain a message from the President one percent, then mortgage payments Miller, George Rogers for a family with a $100,000 mortgage Minge Rohrabacher Tauzin whereby he returns without his approval, Mink Ros-Lehtinen Taylor (MS) H.R. 4810, the ‘‘Marriage Tax Relief Rec- would go up by $270, leaving them Moakley Rothman Taylor (NC) onciliation Act of 2000’’. worse off than if they had no tax cut at Moore Roukema Terry Sincerely yours, all. Thomas Moran (KS) Roybal-Allard JEFF TRANDAHL, We should have tax cuts this year, Moran (VA) Royce Thompson (CA) Clerk of the House. Morella Rush Thompson (MS) but they should be the right ones, tar- Murtha Ryan (WI) Thornberry f geted to working families to help our Myrick Ryun (KS) Thune economy grow—not tax breaks that Nadler Sabo Thurman MARRIAGE TAX RELIEF REC- Napolitano Salmon Tiahrt ONCILIATION ACT OF 2000—VETO will help only a few while putting our Neal Sanchez Tierney MESSAGE FROM THE PRESIDENT prosperity at risk. I have proposed a Nethercutt Sanders Toomey OF THE UNITED STATES—(H. program of targeted tax cuts that will Ney Sandlin Towns give a middle-class American family Northup Sanford DOC. NO. 106–291) Traficant substantially more benefits than the Norwood Sawyer Turner The SPEAKER pro tempore laid be- Nussle Saxton Udall (CO) Republican plan at less than half the Oberstar Scarborough fore the House the following veto mes- Udall (NM) sage from the President of the United cost. Including our carefully targeted Obey Schaffer Upton marriage penalty relief, two-thirds of Olver Schakowsky Velazquez States: Ortiz Scott the relief will go to the middle 60 per- Visclosky Ose Sensenbrenner To the House of Representatives: Vitter cent of American families. Our tax cuts Oxley Serrano I am returning herewith without my Walsh will also help to send our children to Packard Sessions Wamp approval H.R. 4810, the ‘‘Marriage Tax Pallone Shaw college, with a tax deduction or 28 per- Waters Relief Reconciliation Act of 2000,’’ be- Pascrell Shays cent tax credit for up to $10,000 in col- Watkins cause it is poorly targeted and one part Pastor Sherman lege tuition a year; help to care for Paul Sherwood Watt (NC) of a costly and regressive tax plan that Payne Shimkus Watts (OK) reverses the principle of fiscal respon- family members who need long-term Waxman Pease Shows sibility that has contributed to the care, through a $3,000 long-term care Pelosi Shuster Weldon (FL) tax credit; help to pay for child care Weldon (PA) longest economic expansion in history. Peterson (MN) Simpson and to ease the burden on working fam- Peterson (PA) Sisisky Weller My Administration supports mar- Petri Skeen Wexler riage penalty relief and has offered a ilies with three or more children; and Phelps Skelton Weygand targeted and fiscally responsible pro- help to fund desperately needed school Pickering Slaughter Whitfield construction. Pickett Smith (MI) Wicker posal in our fiscal year 2001 budget to Pitts Smith (NJ) Wolf provide it. However, I must oppose H.R. And because our plan will cost sub- Pombo Smith (TX) Woolsey 4810. Combined with the numerous stantially less than the tax cuts passed Pomeroy Smith (WA) Wu other tax bills approved by the Con- by the Congress, we’ll still have the re- Porter Snyder Wynn sources we need to provide a Medicare Portman Spence Young (FL) gress this year and supported by the congressional majority for next year, it prescription drug benefit; to extend the NOT VOTING—30 would drain away the projected surplus life of Social Security and Medicare; Ackerman Franks (NJ) Owens that the American people have worked and to pay off the debt by 2012—so that Andrews Ganske Reyes so hard to create. Even by the Congres- we can keep interest rates low, keep Bishop Jones (OH) Shadegg our economy growing, and provide Bliley Klink Souder sional Budget Office’s more optimistic Castle Lampson Vento projection, this tax plan would plunge lower home mortgage, car, and college Cook LaTourette Walden America back into deficit and would loan payments for the American peo- Danner Lazio Weiner leave nothing for lengthening the life ple. Ehrlich McCollum Wilson This surplus comes from the hard Emerson McIntosh Wise of Social Security or Medicare; nothing Engel Mollohan Young (AK) for voluntary and affordable Medicare work and ingenuity of the American prescription drug benefits; nothing for people. We owe it to them to make the best use of it—for all of them, and for b 1841 education and school construction. Moreover, the congressional majority’s our children’s future. So (two-thirds having voted in favor tax plan would make it impossible for Since the adjournment of the Con- thereof) the rules were suspended and us to get America out of debt by 2012. gress has prevented my return of H.R. the bill was passed. H.R. 4810 would cost more than $280 4810 within the meaning of Article I, billion over 10 years if its provisions section 7, clause 2 of the Constitution, The result of the vote was announced were permanent, making it signifi- my withholding of approval from the as above recorded. cantly more expensive than either of bill precludes its becoming law. The A motion to reconsider was laid on the bills originally approved by the Pocket Veto Case, 279 U.S. 655 (1929). In the table. House and the Senate. It is poorly tar- addition to withholding my signature geted toward delivering marriage pen- and thereby invoking my constitu- f alty relief—only about 40 percent of tional power to ‘‘pocket veto’’ bills the cost of H.R. 4810 actually would re- during an adjournment of the Congress, COMMUNICATION FROM THE duce marriage penalties. It also pro- to avoid litigation, I am also sending CLERK OF THE HOUSE vides little tax relief to those families H.R. 4810 to the House of Representa- that need it most, while devoting a tives with my objections, to leave no The SPEAKER pro tempore laid be- large fraction of its benefits to families possible doubt that I have vetoed the fore the House the following commu- with higher incomes. measure. nication from the Clerk of the House of Taking into account H.R. 4810, the WILLIAM J. CLINTON. Representatives: fiscally irresponsible tax cuts passed THE WHITE HOUSE, August 5, 2000.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17157 b 1845 break for the best-off Americans while to some family farms and small busi- The SPEAKER pro tempore (Mr. doing nothing for the vast majority of nesses. However, only a tiny fraction of the tax relief provided under H.R. 8 KUYKENDALL). Consistent with the ac- working families. Starting in 2010, H.R. tion of Speaker Foley on January 23, 8 would drain more than $50 billion an- benefits these important sectors of our 1990, when in response to a parliamen- nually to benefit only tens of thou- economy, and much of that relief tary inquiry the House treated the sands of families, taking resources that would not be realized for a decade. In President’s return of an enrolled bill could have been used to strengthen So- contrast, House and Senate Democrats with a purported pocket veto of H.R. cial Security and Medicare for tens of have proposed alternatives that would provide significant, immediate tax re- 2712 of the 101st Congress as a ‘‘return millions of families. lief to family-owned businesses and veto’’ within the meaning of Article 1, This repeal of the estate tax is the farms in a manner that is much more Section 7, clause 2 of the Constitution, latest part in a tax plan that would fiscally responsible than outright re- the Chair, without objection, orders cost over $2 trillion, spending projected peal. For example, the Senate Demo- the objections of the President to be surpluses that may never materialize cratic alternative would take about spread at large upon the Journal and and returning America to deficits. This two-thirds of families off the estate tax orders the message to be printed as a would reverse the fiscal discipline that entirely, and could eliminate estate House document. has helped make the American econ- taxes for almost all small businesses Mr. ARCHER. Mr. Speaker, I ask omy the strongest it has been in gen- and family farms. In contrast to H.R. unanimous consent that the veto mes- erations and would leave no resources to strengthen Social Security or Medi- 8—which waits until 2010 to repeal the sage of the President, together with estate tax—most of the relief in the the accompanying bill, H.R. 4810, be re- care, provide a voluntary Medicare pre- scription drug benefit, invest in key Democratic alternatives is offered im- ferred to the Committee on Ways and mediately. Means. priorities like education, or pay off the debt held by the public by 2012. This By providing more targeted and less The SPEAKER pro tempore. Is there costly relief, we preserve the resources objection to the request of the gen- tax plan would threaten our continued economic expansion by raising interest necessary to provide a Medicare pre- tleman from Texas? scription drug benefit, extend the life There was no objection. rates and choking off investment. We should cut taxes this year, but of Social Security and Medicare, and f they should be the right tax cuts, tar- pay down the debt by 2012. Maintaining COMMUNICATION FROM THE geted to working families to help our fiscal discipline also would continue to CLERK OF THE HOUSE economy grow—not tax breaks that provide the best kind of tax relief to all will help only the wealthiest few while Americans, not just the wealthiest few, The SPEAKER pro tempore laid be- putting our prosperity at risk. Our tax by reducing interest rates on home fore the House the following commu- cuts will help send our children to col- mortgages, student loans, and other es- nication from the Clerk of the House of lege, help families with members who sential investments. Representatives: need long-term care, help pay for child This surplus comes from the hard OFFICE OF THE CLERK, care, and help fund desperately needed work and ingenuity of the American HOUSE OF REPRESENTATIVES, people. We owe it to them—and to their school construction. Overall, my tax Washington, DC, August 31, 2000. children—to make the best use of it. program will provide substantially Hon. J. DENNIS HASTERT, This bill, in combination with the tax more benefits to middle-income Amer- Speaker, House of Representatives, bills already passed and planned for Washington, DC. ican families than the tax cuts passed next year, would squander the sur- DEAR MR. SPEAKER: Pursuant to the per- by the congressional tax-writing com- plus—without providing the immediate mission granted in Clause 2(h) of Rule II of mittees this year, at less than half the estate tax relief that family farms, the Rules of the U.S. House of Representa- cost. small businesses, and other estates tives, I have the honor to transmit a sealed H.R. 8, in particular, suffers from envelope received from the White House on could receive under the fiscally respon- several problems. The true cost of the Thursday, August 31, 2000 at 4:22 p.m., and sible alternatives rejected by the Con- bill is masked by the backloading of said to contain a message from the President gress. For that reason, I must veto this the tax cut. H.R. 8 would explode in whereby he returns without his approval, bill. H.R. 8, the ‘‘Death Tax Elimination Act of cost from about $100 billion from 2001– Since the adjournment of the Con- 2000.’’ 2010 to about $750 billion from 2011–2020, gress has prevented my return of H.R. Sincerely yours, just when the baby boom generation 8 within the meaning of Article I, sec- JEFF TRANDAHL, begins to retire and Social Security Clerk of the House. tion 7, clause 2 of the Constitution, my and Medicare come under strain. withholding of approval from the bill f Repeal would also be unwise because precludes its becoming law. The Pock- DEATH TAX ELIMINATION ACT OF estate and gift taxes play an important et Veto Case, 279 U.S. 655 (1929). In ad- 2000—VETO MESSAGE FROM THE role in the overall fairness and progres- dition to withholding my signature and PRESIDENT OF THE UNITED sivity of our tax system. These taxes thereby invoking my constitutional STATES (H. DOC. NO. 106–292) ensure that the portion of income that power to ‘‘pocket veto’’ bills during an is not taxed during life (such as unreal- adjournment of the Congress, to avoid The SPEAKER pro tempore laid be- ized capital gains) is taxed at death. fore the House the following veto mes- litigation, I am also sending H.R. 8 to Estate tax repeal would benefit only the House of Representatives with my sage from the President of the United about 2 percent of decedents, providing States: objections, to leave no possible doubt an average tax cut of $800,000 to only that I have vetoed the measure. To the House of Representatives: 54,000 families in 2010. More than half I continue to welcome the oppor- I am returning herewith without my of the benefits of repeal would go to tunity to work with the Congress on a approval H.R. 8, legislation to phase one-tenth of one percent of families, bipartisan basis on tax legislation that out Federal estate, gift, and genera- just 3,000 families annually, with an av- is targeted, fiscally responsible, and tion-skipping transfer taxes over a 10- erage tax cut of $7 million. Further- geared towards continuing the eco- year period. While I support and would more, research suggests that repeal of nomic strength we all have worked so sign targeted and fiscally responsible the estate and gift taxes is likely to re- hard to achieve. legislation that provides estate tax re- duce charitable giving by as much as $6 WILLIAM J. CLINTON. lief for small businesses, family farms, billion per year. THE WHITE HOUSE, August 31, 2000. and principal residences along the lines In 1997, I signed legislation that re- The SPEAKER pro tempore. Con- proposed by House and Senate Demo- duced the estate tax for small busi- sistent with the action of Speaker crats, this bill is fiscally irresponsible nesses and family farms, but I believe Foley on January 23, 1990, when in re- and provides a very expensive tax that the estate tax is still burdensome sponse to a parliamentary inquiry the

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17158 CONGRESSIONAL RECORD—HOUSE September 6, 2000 House treated the President’s return of The death of one Kansan takes some- For those of us who are privileged to an enrolled bill with a purported pock- thing away from every Kansan. With work in public service, where the toll et veto of H.R. 2712 of the 101st Con- the death of Janice Hardenburger, the for entry can be excruciatingly high gress as a ‘‘return veto’’ within the loss is evident. Janice is the epitome of and the price of staying even higher, meaning of Article 1, Section 7, clause who we are and what we would like to we do not always expect to find true 2 of the Constitution, the Chair, with- be, one who knew reality of how things friendship, true loyalty, and a true de- out objection, orders the objections of are, yet one who could envision how votion for making things better. We the President to be spread at large things ought to be. had that in State Senator Janice upon the Journal and orders the mes- A fighter for her beliefs, strong Hardenburger. sage to be printed as a House docu- willed and plain spoken, devoted to her Our State and its people are better ment. family as a wife and mother and grand- off because of one life, a life that will Mr. ARCHER. Mr. Speaker, I ask mother, she was generous with her be greatly missed. I offer my condo- unanimous consent that further con- time, a farmer, a rancher, a listener lences to Janice’s family, but we also sideration of the veto message on the and a doer, a supporter of others and, praise God for a life well lived and the bill, H.R. 8, be postponed until Sep- for the last 8 years, a State senator, a legacy she leaves behind. tember 7. public servant. f The SPEAKER pro tempore. Is there For more than 25 years, Janice has been my friend. For 4 years she was my LORI BERENSON TO GET NEW objection to the request of the gen- CIVILIAN TRIAL IN PERU tleman from Texas? colleague in the State senate. Born in The SPEAKER pro tempore. Under a There was no objection. the small north central Kansas town of Haddam, Janice had a lifelong love for previous order of the House, the gentle- f education and politics. She graduated woman from New York (Mrs. MALONEY) REMOVAL OF NAME OF MEMBER valedictorian from Haddam Rural High is recognized for 5 minutes. AS COSPONSOR OF H.R. 3703 School before attending Kansas State Mrs. MALONEY of New York. Mr. University and graduating with a de- Speaker, after nearly 5 years in Peru- Mr. METCALF. Mr. Speaker, I ask gree in home economics and education. vian prisons, my constituent, Lori unanimous consent to remove my She married her husband in 1952, and Berenson, could finally be coming name as cosponsor of H.R. 3703. due to his career in the Air Force, she home. The SPEAKER pro tempore. Is there and her family moved often. During Last week, the military tribunal that objection to the request of the gen- these years, she kept busy as a volun- gave Lori a life sentence announced tleman from Washington? teer and raising two sons, Joseph and that her conviction is being overturned There was no objection. Thomas. and her case is being transferred to a f With Bill’s retirement from the mili- civilian court. tary in 1971, the Hardenburgers moved Lori was convicted by a hooded mili- b 1900 back home to Kansas. Janice got in- tary tribunal in a trial that lacked any GENERAL LEAVE volved in her community, and she semblance of due process. She never Mr. PAUL. Mr. Speaker, I ask unani- sought a seat on the Washington Coun- had a chance to present her side, to call witnesses and present evidence in mous consent that all Members may ty Commission. She recognized the im- her defense. have 5 legislative days within which to portance of health care in rural com- For nearly 5 years, I have been ask- revise and extend their remarks on the munities, and she developed the first ing my colleagues to join me in pro- subject of the special order today of rural health initiative project in Kan- testing her conviction. I have cir- the gentleman from North Carolina sas. She chaired Ronald Reagan’s cam- culated three letters to the President (Mr. COBLE). over the years, and each letter has The SPEAKER pro tempore (Mr. paign for President in our State and served the Reagan administration in been signed by more and more Mem- TANCREDO). Is there objection to the re- bers of Congress in support of Lori. In quest of the gentleman from Texas? the Department of Health and Human Services regional office in Kansas City. August, 221 Members of Congress, in a There was no objection. She worked hard every time to see that bipartisan way, signed a letter calling f her fellow Kansan, Bob Dole, would be for Lori’s release. SPECIAL ORDERS elected President. I will be circulating a new letter ask- In 1992, she decided she could even do ing for mercy for Lori, asking for Peru The SPEAKER pro tempore. Under more for others and was elected to to act with compassion and send Lori the Speaker’s announced policy of Jan- State senator for the 21st district. She home on humanitarian grounds. uary 6, 1999, and under a previous order was reelected in 1996 and was cam- Since her conviction, Lori’s health of the House, the following Members paigning for reelection at the time of has deteriorated. She was originally will be recognized for 5 minutes each. her death. During her time in the Kan- sent to Yanomayo Prison, located high f sas senate, she worked hard on health in the Andes, over 12,000 feet above sea level. The altitude destroyed her IN MEMORY OF KANSAS SENATOR care issues and fought for local control. She believed that government should health. People like Lori who have not JANICE HARDENBURGER be local and limited. She chaired the grown up in the Andes cannot accli- The SPEAKER pro tempore. Under a elections on local government com- mate to the high altitude of previous order of the House, the gen- mittee. Yanomayo. tleman from Kansas (Mr. MORAN) is Janice was ill during the last session I visited with Lori in October of 1997. recognized for 5 minutes. of the legislature. She could not eat, When I saw her, her fingers were swol- Mr. MORAN of Kansas. Mr. Speaker, and she had pain. But despite huge im- len and she had circulatory problems something sad happened back home in pediments, she worked all session long as a result of the high altitude. Very Kansas last week. Cancer took the life to fashion an ethics law worthy of pas- little natural light comes into the pris- of one more of our State’s citizens. Our sage. As State Senator Dave Kerr indi- on, and prisoners are allowed only 1 State has many treasures: beautiful cated at her memorial service, that hour a day to exercise outside. As a re- sunsets, rolling prairie hills, city fac- legislation now stands as a lasting trib- sult, Lori’s eye sight was failing. tories, waves of wheat, meadowlarks, ute to one highly ethical lady who gave Yanomayo was not heated, and the cottonwood trees, and grazing cattle. her waning strength to bring higher temperature rarely rises above 40 de- But what matters to us Kansans most, standards of ethics in all elective poli- grees. The cold gave Lori perpetual lar- what makes our place the State we tics in Kansas. Senator Hardenburger yngitis. choose to call home is our people, Kan- never became silent about things that Eventually, the Peruvian officials re- sans. mattered. sponded to pleas to move Lori. But in

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17159 some ways, she faced an even harder hope Lori will be allowed to come Already our foolish expanded pres- challenge to her health. The new prison home. sure in Colombia has had a perverse ef- was more than 5,000 feet above sea Mr. Speaker, I include my letter to fect. The stated purpose of promoting level, better than the former prison, President Fujimori for the RECORD as peace and stability has been under- but still hard for a New Yorker. The al- follows: mined. Violence has worsened as fac- titude, while less dangerous to her HOUSE OF REPRESENTATIVES, tions are now fighting more fiercely health, continued to affect her cir- Washington, DC, September 5, 2000. than ever before for territory as they culatory system. President ALBERTO FUJIMORI, anticipate the full force of U.S. weap- The toughest part was that she was Palacio de Gobierno, Plaza de Armass S/N, Lima ons arriving. forced to spend months completely 1 Peru. The already weak peace process has DEAR PRESIDENT FUJIMORI: I am pleased to alone. For more than 100 days, Lori was learn that Lori Berenson’s conviction has been essentially abandoned. Hatred to- kept in solitary confinement. The iso- been overturned by Peru’s military tribunal. ward Americans by many Colombians lation had an extremely negative effect As you know from our conversation when we has grown. The Presidents of 12 South on her psychological well-being. met in April 1998, Lori Berenson is a con- American countries rejected outright Despite the difficult circumstances, stituent of mine and I am deeply concerned the American-backed military oper- Lori has always been quiet, polite, and about her. I appreciated your willingness and ation amendment aimed at the revolu- well behaved, a model prisoner. I am that of members of your government to dis- tionary groups in Colombia. hopeful that Peru will take these cir- cuss her case with me during those visits. This foolhardy effort to settle the Co- The tribunal’s decision is a tremendous cumstances into account and act with step forward for human rights in Peru. I ap- lombian civil war has clearly turned mercy and compassion. plaud the members of the tribunal for look- out to be a diplomatic failure. The best I returned to Peru in April of 1998 ing at new evidence in this case and con- evidence of a seriously flawed policy is and, together with the gentleman from cluding that the new evidence did not sup- the departure of capital. Watching New York (Mr. GILMAN), met with port the original verdict. money flows gives us a market assess- President Fujimori. He was very open In October 1997, I visited Lori in prison and ment of policy; and by all indication, during our meeting and agreed to take I found her spirits to be good despite her de- our policy spells trouble. another look at Lori’s case if new evi- teriorating health. Like many people who There is evidence of a recent large- are unaccustomed to high altitudes, Lori dence was presented. Apparently, Peru could not acclimate to living at Yanomayo scale exodus of wealthy Colombians to has uncovered new evidence, and Lori prison. The high altitude played havoc with Miami. Tens of thousands of Colom- is getting a new trial in a civilian her health. When I saw her, her fingers were bians are leaving for the U.S., Canada, court. swollen, her eyesight was failing, and she Costa Rica, Spain, Australia. These are Since Lori was arrested, her parents, was having circulatory problems and per- the middle-class and upper-class citi- Mark and Rhoda Berenson, have petual laryngitis. After she was moved to a zens, taking their money with them. worked every day tirelessly for her re- prison at a lower altitude, she spent more Our enhanced presence in Colombia has lease. They know Lori as a young than 100 days in solitary confinement. De- accelerated this exodus. idealist who traveled to Peru as a jour- spite the severe privation, she has always been quiet, polite and well-behaved—a model Our policy, unless quickly and thor- nalist. University professors who live prisoner. oughly reversed, will surely force an in my district, the Berensons have I am grateful that she will have a civilian escalation of the civil war and a dan- given up their careers to devote them- trial. However, after nearly five years in gerous increase in our involvement selves to trying to free their daughter prison, Lori has already undergone severe with both dollars and troops. All this and bring her home. They welcome the punishment and I hope, whatever the out- will further heighten the need for drug news that Lori’s conviction has been come of her trial, her ordeal will soon be sales to finance all factions of the civil overturned, but they worry that polit- over. For humanitarian reasons, for the sake war. So much for stopping the drug of compassion and for her health, I hope Lori ical pressures will ensure that she will will soon be allowed to come home. war. receive a long sentence in a civilian Sincerely, Our policy is doomed to fail. There is trial. CAROLYN B. MALONEY, no national security interest involved; In Peru, it is a crime to express sym- Member of Congress. therefore, no goals can be set and no pathy for the MRTA, the crime is apo- f victory achievable. A foreign policy of logia. In the United States, it would be non-intervention designed only to pro- MINDING OUR OWN BUSINESS RE- protected as free speech. There it can tect our sovereignty with an eagerness GARDING COLOMBIA IS IN THE carry a long prison sentence. to trade with all nations willing to be BEST INTEREST OF AMERICA I hope that Peru can be persuaded to friends is the traditional American for- act with mercy. There is nothing to be The SPEAKER pro tempore. Under a eign policy and would give us the guar- gained by keeping Lori in prison any previous order of the House, the gen- anteed hope of peace, the greatest hope longer. Peru has already admitted that tleman from Texas (Mr. PAUL) is recog- of peace and prosperity. Lori was not the terrorist leader she nized for 5 minutes. Let us think seriously about our for- was originally convicted of being. Mr. PAUL. Mr. Speaker, those of us eign policy, and hopefully someday we I wrote to President Fujimori yester- who warned of the shortcomings of ex- will pursue a policy in the best interest day to let him know how pleased I am panding our military presence in Co- of America by minding our own busi- that Lori will have a civilian trial. lombia were ignored when funds were ness. President Fujimori has taken a brave appropriated for this purpose earlier f step that has subjected him to enor- this year. We argued at that time that mous criticism at home. I am pleased clearly no national security interests HISPANIC HERITAGE MONTH that he recognized that the evidence were involved; that the Civil War was The SPEAKER pro tempore. Under a showed that Lori did not belong in more than 30 years old, complex with previous order of the House, the gen- Peru’s military courts. three factions fighting, and no assur- tleman from California (Mr. BACA) is Now it is time for Peru to take the ance as to who the good guys were; recognized for 5 minutes. next step and release Lori. Lori will that the drug war was a subterfuge, Mr. BACA. Mr. Speaker, today I rise not be getting off lightly if she is re- only an excuse, not a reason, to need- to bring about the awareness of His- leased now. She has spent nearly 5 lessly expand our involvement in Co- panic Heritage Month, which begins years in prison in conditions that have lombia; and that special interests were September 15 and continues through seriously undermined her health. I really driving our policy: Colombia Oil October 5. hope that whatever the outcome of her Reserves owned by American interests, Today, according to the U.S. Census trial, Lori’s ordeal will soon be over. American weapons manufacturers, and Bureau, more than 29 million people of For humanitarian reasons, for the sake American corporations anxious to the United States are of Hispanic ori- of compassion, and for her health, I build infrastructure in Colombia. gin. This is about 10 percent of the

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 17160 CONGRESSIONAL RECORD—HOUSE September 6, 2000 country. Close to half of those reside in year 2050, the Hispanic population is who have been selflessly fighting fires California. More than 600,000 reside in projected to add more to people in the throughout the western United States my district of San Bernardino County. United States than any other race or this summer. Unfortunately, I have the Why, just the other day, the Los An- ethnic group, and we are soon to be- distinction of representing the district geles Times was discussing the fact come the largest minority in the coun- that has, what I am told, the largest that, in California, Hispanics are no try. But even with the success, we still fire and the most acres burned in the longer the minority. That is why this have problems. We lack full health care United States. The Clear Creek fire coming month is a time for all Latinos benefits for all people. There are still alone covers an area of over 200,000 to be able to recognize the great ac- problems with immigrant laws that acres, outside of Salmon, Idaho, an complishments by the people here in were written in haste and do not pro- area one-third the size of the State of the States as well as around the world. tect the people they were originally Rhode Island. It is but one of many We recognize the great achievements written for. High school dropout rates that have been burning throughout of people like Cesar Chavez who led the and teen pregnancy numbers are too Idaho and the western United States. fight for the protection of farm work- high. We must address these issues if I was fortunate that I was able to ers’ health and health rights; Bishop we plan to build a better culture and a spend 2 days on the fire lines and in the Barnes, who represents San Bernardino better country for all people of Amer- camps with the men and women who Riverside Catholic Diocese; Miguel de ica. have been heroically fighting these Cervantes Saavedra, who wrote about And speaking of education, we have catastrophic fire. I saw firefighters on the great Don Quixote; and people like to address the issues of bilingual edu- the line in the smoke and ash. I met Andres Segovia, Tito Peuntes, and cation and the digital divide. And that with support crews in the camps who Julio Iglesias, who were and still are does not just apply to Spanish chil- cook, provide firefighting supplies and some of the best Spanish musicians in dren, it applies to all children. We have equipment, make maps all night long the world. to begin by providing our youth with in preparation for morning briefings, The teachings and contributions of the tools necessary to succeed. We can and the men who run the showers so Hispanics like these, and learning begin to provide these tools right here that the firefighters can have a basic about the cultures from which they in Congress. semblance of normalcy, a hot shower come, are how we are able to continue By understanding each other’s cul- after 16 hours on the fire line. That is our tradition through our youth. ture we can understand what is needed what it comes down to for front-line In many of our classrooms around for everyone and we learn to respect firefighters, food, a hot shower, and, if the country, teachers will hold activi- one another. And respect is what we all they are lucky, a little sleep. ask for. That is why it is so important ties and discussions that will focus on Many of the firefighters and support for this Congress to recognize this what our ancestors have accomplished. personnel are wives and husbands who month and to take time to learn about That is why they will learn the great have left their families in other areas a great culture with a great future, accomplishment of the Spanish explor- of the country for weeks at a time. I that is each other’s culture and the ers as well as those who first settled in met one woman from Missouri who Hispanic culture this month. worked at a Forest Service district of- States like California and Texas. Before I go on, I also want to recog- fice there. She was running the com- b 1915 nize September 16, Mexico Independ- missary. It is the people on the front ence Day. I want to recognize the hard- This is why cities like Los Angeles, lines and behind the scenes working to- ship that the people have had to face in San Bernardino, San Antonio, amongst gether that help to contain these wild order to achieve their independence. many other cities, have Hispanic fires, with some help from Mother Na- Like this country, they too believe in names. Such teachings and discussions ture. Without their dedication, perse- will not only educate our children, but the freedom of choice and independence from tyrannical government. Only verance, and individual sacrifices, also provide them with the proper role many more lives, structures, and wild- models needed to succeed. It also lets through a better understanding can we achieve our goals, a united country life habitat would have been lost. Their them know that they too can accom- commitment and dedication is unsur- plish higher dreams; Hispanics in posi- working for the betterment of our- selves, and not only where we come passed, and they are the best in the tions, in leadership positions through- world. out the United States. from but where we are going. Together, united, our country will be a lot better. Spending a couple of days in the fire We now see that Hispanic Heritage camps and on the lines, I picked up a Month is not just about celebration, f few things from the people who are at but it is about uniting our community REPORT ON RESOLUTION PRO- the ground level. One is obvious, and to better educate our children and to VIDING FOR CONSIDERATION OF we have been discussing it for years. educate ourselves about what it means H.R. 4115, UNITED STATES HOLO- We have to manage our forests. They to be a Hispanic. It means being proud CAUST MEMORIAL MUSEUM are in an unhealthy state, with the of who we are. It does not matter if we Mr. REYNOLDS, from the Com- Forest Service’s own estimate placing are Mexican, Puerto Rican, Cuban, mittee on Rules, submitted a privi- 40 million acres at high fire risk. I saw Spanish, or Central American. This is a leged report (Rept. No. 106–822) on the the high fuel loads; lodgepole pines so time we all continue to celebrate our resolution (H. Res. 570) providing for thick it looked like toothpicks had cultures as a whole. consideration of the bill (H.R. 4115) to been dropped from the sky, and the And what a culture we have. The authorize appropriations for the United high levels of brush on the ground. number of Hispanic-owned businesses States Holocaust Memorial Museum, We need to find a way to restore in the United States increased by 76 and for other purposes, which was re- many of our forests to a more healthy, percent between 1986 and 1992 and con- ferred to the House Calendar and or- natural state that includes managing tinues to grow daily. Across America dered to be printed. prescribed burns and thinning. We may we find more and more Hispanic busi- not agree on every aspect of getting to f nesses growing and more and more His- that natural state, but we can find panic business owners, business owners TRIBUTE TO FIREFIGHTERS common areas that we can agree on; like Richard Romero out of my district The SPEAKER pro tempore (Mr. that fuels reduction is better than fuels who owned quite a few car dealerships, TANCREDO). Under a previous order of feeding these catastrophic fires in our who just recently passed away. the House, the gentleman from Idaho forest. The old adage that an ounce of We have more representatives in gov- (Mr. SIMPSON) is recognized for 5 min- prevention is worth a pound of cure is ernment now than we have ever had in utes. very appropriate. the history of this country and of our Mr. SIMPSON. Mr. Speaker, I rise A well-funded fuels reduction pro- people. Each year, from now until the today to thank the men and women gram will pay significant dividends in

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.000 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17161 reducing the firefighting and restora- to protect Idaho and the West from H.R. 5107, Mr. Speaker, implements tion costs over time. Think how far the these catastrophic fires. The people of that solution. It is a repeal of the $1 billion we are spending on fighting Idaho and I thank you. amendment without prejudice. In other these fires this summer would have f words, it restores both parties to the gone towards fuels reduction. We also same position they were in prior to the WORK MADE FOR HIRE AND COPY- have to come up with an approach to enactment of the amendment in No- RIGHT CORRECTIONS ACT OF 2000 rehabilitate and restore these fire- vember 1999. The bill states that in de- stricken lands that works for all of The SPEAKER pro tempore. Under a termining whether any work is eligible those who are interested in the care of previous order of the House, the gen- to consider a work made for hire, nei- our Nation’s forests. tleman from North Carolina (Mr. ther the amendment in IPCORA nor As I was meeting with the staff and COBLE) is recognized for 5 minutes. the deletion of the amendment through operations managers in the fire camp, I Mr. COBLE. Mr. Speaker, today I am this bill shall be considered or other- also noticed something was missing. It introducing, along with the gentleman wise given any legal significance or took me a while to figure it out, but I from California (Mr. BERMAN), the shall be interpreted to indicate con- finally realized that there was a lack of ranking member of the Subcommittee gressional approval or disapproval of younger personnel who would be taking on Courts and Intellectual Property of any judicial determination by the the place of the fire managers as they the Committee on the Judiciary, H.R. courts or the Copyright Office. retire in the years to come. Recent hir- 5107, the Work Made for Hire and Copy- Given the complex nature of copy- ing freezes and reductions in personnel right Corrections Act of 2000. This bill right law, this compromise was not have left a gap in the level of experi- addresses the controversy over the re- easily reached, but I believe it is a good ence that we have coming up to fight cent amendment to the Copyright Act solution and I want to thank everyone future fires. Men and women who have that added sound recordings to the list who worked so diligently to resolve been working for 20 to 30 years fighting of works eligible to be works made for this controversy. I want to give special fires have institutional knowledge hire. It resolves the controversy and is thanks as well to the gentleman from about the dynamics and management supported by all parties involved. It California (Mr. BERMAN), ranking mem- of firefighting in these warlike condi- also includes other noncontroversial ber on our subcommittee, and the tions. Ensuring that the agencies have corrections to the Copyright Act. ranking member of the full committee, adequate funding for personnel in these First, some background about sound the gentleman from Michigan (Mr. crucial positions is critical to the secu- recording as works made for hire is CONYERS), for their participation and rity of our forests. necessary. A work made for hire is, cooperation. We also need to address the current one, a work prepared by an employee I also want to recognize Mr. Cary pay system that acts as a disincentive within the scope of his or her employ- Sherman of the RIAA, the recording in- for experienced fire personnel to work ment; or, two, a work especially or- dustry, and Mr. Jay Cooper, who rep- on the lines, although I was pleased to dered or commissioned for use as a con- resents the recording artists, for their hear there has been a temporary cor- tribution to a collective work if the efforts to find a solution. rection to this policy. parties expressly agree in a written in- Mr. Speaker, these are but a few of H.R. 5107 also includes other non- strument signed by them that the work the things I discovered while spending controversial corrections to the Copy- shall be considered a work made for time on the Clear Creek fire. Healthy right Act. These amendments remove hire. forests and fuel management is an expired sections and clarify miscella- The Copyright Act provides authors a issue Congress has to spend more time neous provisions governing fees and right to terminate a grant of right 35 discussing and finding answers to. My recordkeeping procedures. These are years after the grant. The termination fellow colleagues, the gentlewoman necessary amendments which will im- right, however, does not apply to works from Idaho (Mrs. CHENOWETH-HAGE) prove the operation of the Copyright made for hire. Since 1972, sound record- and the gentleman from Virginia (Mr. Office and clarify U.S. copyright law. ings have been registered by the Copy- GOODLATTE), have each been seeking Mr. Speaker, it was my belief this more proactive ways to manage our right Office as works made for hire, amendment merely codified existing Nation’s forests. I have asked that even though they were not statutorily practice and that remains my belief, their respective forest committees hold recognized as such prior to the enact- and there is ample authority that sup- a joint hearing to explore future ave- ment of the Intellectual Property and ports my contention. In fairness to the nues for forest management, including Communication Omnibus Reform Act artist community, there is also ample fuels reduction and treatment, in order of 1999. This statute, known as and convincing authority that supports to decrease the likelihood of a future IPCORA, included a provision that the artists’ contention regarding this catastrophic fire. I am hopeful this added sound recordings to the list of issue. I believe we have reached a fair hearing will generate the necessary works eligible for work made for hire compromise with which all parties can dialogue so that we can start the proc- status. live. ess of restoring and rehabilitating our Following the passage of the amend- In conclusion, Mr. Speaker, I think Nation’s forests. ment last year, recording artists ar- H.R. 5107 is a good, noncontroversial Finally, Mr. Speaker, I want to gued that the change was not a clari- bill. I urge my colleagues to support thank George Matejko, forest super- fication of the law and that it had sub- H.R. 5107 when it is considered on the visor for the Salmon-Challis National stantively affected their termination floor, hopefully imminently, maybe Forest, who allowed my chief of staff rights. When apprised of these argu- even within the next couple weeks. and I to get a first-hand look at the ments, I agreed to hold a hearing on Mr. BERMAN. Mr. Speaker, today, Rep- fires. I also want to thank Tom Hutch- the issue of sound recordings as works resentative HOWARD COBLE and I have intro- inson, fire management officer for the made for hire. The subcommittee sub- duced H.R. 5107, the Work Made for Hire and Valvermo Ranger District of the Ange- sequently held a hearing on May 25, Copyright Corrections Act of 2000. Because of les National Forest. Tom served as the 2000, after which the gentleman from the very important nature of this bill, I believe incident commander for the California California (Mr. BERMAN) and I encour- it merits an extensive explanation. Incident Management Team 4 that was aged both sides to seek a mutually sat- Section 2(a)(1) of this bill would remove the managing the fire. He and Virginia isfactory resolution through private words ‘‘as a sound recording’’ from paragraph Gibbons, public affairs specialist for negotiations. Representatives of the (2) of the definition of ‘‘works made for hire’’ the Deschutes National Forest, gave us artists and the recording industry ne- in Section 101 of the Copyright Act—words a close look at how fire operations gotiated diligently and in good faith, that this Congress added less than a year ago work. and during the August work period through Section 1000(a)(9) of Public Law Finally, I want to thank all of those they presented us with a compromise Number 106–113. When Congress enacted who have given their time and efforts solution. Section 1000(a)(9) last year, we believed it

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 9920 E:\BR00\H06SE0.001 H06SE0 17162 CONGRESSIONAL RECORD—HOUSE September 6, 2000 was a non-controversial, technical change that attempting to exercise termination rights under effect, whether enforceable or not, with record- merely clarified current law. However, since Section 203 of Title 17. Because Section ing artists. Though previous law did not spe- that time, we have been contacted by many 1000(a)(9) has the potential to have such a cifically list sound records as a category of organizations, legal scholars, and recording negative effect on the legal arguments and works made for hire, record companies re- artists who take strong issue with Section rights of authors of sound recordings, Con- garded sound recordings as fitting with the 1000(a)(9), asserting that it constitutes a sig- gress should have undertaken more extensive nine, existing categories of works made for nificant, substantive change in law. We have deliberations before making this change. While hire. Section 1000(a)(9) represented the first discovered that there exists a serious debate Section 1000(a)(9) was published in the Con- specific, statutory declaration by Congress that about whether sound recordings always, usu- gressional Record more than a week prior to sound recordings are a category of works ally, sometimes, or never fall within the nine, its final passage, and while the Members on made for hire. pre-existing categories of works eligible to be the Conference Committee were fully aware of As a result of the close parallel between the considered ‘‘works made for hire,’’ and thus its existence, there were no congressional current situation and the facts in American there exists a serious debate about the sub- hearings or committee mark-ups in which Sec- Automobile Association, it appears possible stantive or technical nature of Section tion 1000(a)(9) was considered or discussed. that courts would interpret a simple repeal of 1000(a)(9). It is my opinion that we should immediately Section 1000(a)(9) in the same way the Su- In testimony before the House Judiciary undo Section 1000(a)(9) so as to prevent any preme Court interpreted the simple repeal of Subcommittee on Courts and Intellectual prop- prejudice to the legal arguments of authors of Section 452 in that case—namely as a sign erty on May 25, 2000, esteemed legal schol- sound recordings. Then a future Congress, that Congress does not consider sound re- ars took broadly divergent views. Professor after more extensive deliberation and careful cordings to be eligible for works made for hire Paul Goldstein of Stanford University Law consideration, could decide whether this legal status. School stated that ‘‘the contribution of an indi- debate should be resolved through legislation. The probability of the courts interpreting a vidual sound recording as one of several se- However, we are sensitive that, in undoing simple repeal in this manner is increased by lections on a CD or other album will typically the amendment made by Section 1000(a)(9), the existence of two U.S. District Court opin- constitute a ‘contribution to a collective work,’ ’’ we must be careful not to adversely affect or ions that some may argue are on point. Under while Professor Marci Hamilton of Cardozo prejudice the rights of other interested parties. a well-known canon of statutory construction, School of Law maintained that, in a vast ma- Specifically, we do not want the removal of the courts assume that Congress is aware of ex- jority of instances, sound recordings would fail words ‘‘as a sound recording’’ from the defini- isting judicial decisions when it enacts legisla- to qualify as ‘‘contributions to collective works’’ tion of works-made-for-hire in Section 101 of tion and, unless Congress indicates otherwise or as ‘‘compilations.’’ Marybeth Peters, the the Copyright Act to be interpreted to preclude and to the extent reasonable, courts interpret Register for Copyrights in the United States or prejudice the argument that sound record- such legislation to be consistent with those de- Copyright Office, testified that, depending on ings are eligible to be works made for hire cisions. Prior to the enactment of Section the particular facts surrounding its creation, a within the nine, pre-existing categories. In es- 1000(a)(9), U.S. District Courts in Staggers v. sound recording might, or might not, constitute sence, we want the removal of the words ‘‘as Real Authentic Sound and Ballas v. Tedesco a contribution to a collective work. In a letter a sound recording’’ from Section 101 of the stated, in dicta, that sound recordings were received by Congressman Coble and me prior Copyright Act to return the law to the status not eligible to be considered works made for to that May 25, 2000 hearing, twenty-five high- quo ante, so that all affected parties have the hire because they were not specifically in- ly respected professors of Law stated ‘‘there same rights and legal arguments they had cluded as a category of works eligible to be may be particular situations in which a musical prior to enactment of Section 1000(a)(9). works made for hire under Section 101 of the artist would be considered as having con- It is for those reasons that we were con- Copyright Act. Though the eligibility of sound tracted to provide a ‘contribution to a collective vinced of the need to include Section 2(a)(2) recordings for inclusion within the nine cat- work,’ ’’ but asserted that, prior to the addition within this statute. Section 2(a)(2) intends to egories of works made for hire was not briefed of the words, ‘‘as a sound recording’’ to Sec- ensure that the removal of the words ‘‘as a or argued by the parties in either case, and tion 101 of the copyright Act, sound recordings sound recording’’ will have no legal effect though the courts did not provide a detailed would most often fail to qualify under the nine other than returning the law to the exact state rationale for their comments in dicta, future pre-existing categories of works eligible to be existing prior to enactment of Section courts might interpret a simple repeal bill to in- ‘‘made for hire.’’ 1000(a)(9). dicate Congressional acquiescence to these As I stated, the testimony and correspond- Our legal research shows that a simple re- decisions. ence of these intellectual property law experts peal of a previous amendment may not be in- These considerations indicate that a simple and others demonstrate the existence of a se- terpreted by the courts as simply returning the repeal bill would negatively prejudice the argu- rious debate about whether and the extent to law to its previous state, but may be seen as ment, available prior to enactment of Section which sound recordings were eligible to be actually altering that state. For instance, in 100(a)(9), that a particular sound recording ‘‘works made for hire’’ under paragraph 2 of American Automobile Association v. United was eligible to be considered a work made for the definition prior to enactment of Section States, 367 U.S. 687 (1961), the plaintiff had hire because it fit within one of the nine, pre- 1000(a)(9) of Public Law Number 106–113. By for years been using an accounting method existing categories. Because of the potential mandating that all sound recordings are eligi- that it believed was permitted under a general prejudice to this argument, it appears that a ble to be works made for hire, Section provision of law despite the absence of a stat- simple repeal of the words ‘‘as a sound re- 1000(a)(9) effectively resolved this debate, ute specifically allowing this practice. Subse- cording’’ would not accomplish our goal, which and impaired the ability of authors of sound quently, Congress enacted Section 452 of the is to return the law on the eligibility of sound recordings to argue that particular sound re- Internal Revenue Code of 1954, which specifi- recordings for work made for hire status to its cordings and sound recordings in general can- cally allowed this accounting practice, but one state prior to enactment of Section 1000(a)9). not be works made for hire. Since it evis- year later repealed Section 452. In interpreting Therefore, we have crafted Section 2(a)(2) cerates the legal arguments of those on one this repeal, Justice Scalia wrote for the major- to ensure that the removal of the words ‘‘as a side of this debate, Section 100(a)(9) may ity: ‘‘the fact is that [Section] 452 for the first sound recording’’ will not have prejudicial ef- constitute a substantive change in certain situ- time specifically declared petitioner’s system fect. With the inclusion of Section 2(a)(2) in ations and to the extent that courts might oth- of accounting to be acceptable for income tax this bill, we ensure that courts will interpret erwise have upheld those arguments. purposes, and overruled the long-standing po- Section 101 exactly as they would have inter- This leads to the question of why it is nec- sition of the Commissioner and courts to the preted it if neither Section 1000(a)(9) nor this essary to undo Section 1000(a)(9) by remov- contrary. And the repeal of the section the fol- bill were ever enacted. ing the words ‘‘as a sound recording’’ from lowing year . . . was just as clearly a man- Lastly, Section 2(b)(1) gives Section 2(a) Section 1010 of the Copyright Act. The date from the Congress that petitioner’s sys- retroactive effect. The need to make these change embodied by Section 2000(a)(9) pre- tem was not acceptable for tax purposes.’’ sections retroactive stems from the confusion cludes authors of sound recordings from argu- The present set of circumstances are quite and injustice that would otherwise result. Be- ing that their sound recordings are not eligible similar. For years, record companies have cause these sections will have retroactive ef- to be considered works made for hire, and treated sound recordings as works made for fect, there will be only one, uninterrupted law thus effectively prevents those authors from hire, and have entered into contracts to this governing the eligibility of sound recordings to

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17163 qualify as works made for hire—namely the month and $150 the next month. If they controlled by a few monopoly corpora- same law that existed prior to the November were a small business struggling to get tions. 29, 1999 enactment of Section 1000(a)(9). If by, their $800 bill went up to $1,500 in The San Diego example makes it Section 2(a) were not given retroactive effect, one month and then went up to $2,500 clear the consumer must be protected then sound records created or contracted for the next month. if this kind of policy is going to be pur- between November 29, 1999 and the date of How could they stay in business with sued. enactment of this bill could be treated dif- those increases in prices? Deregulation in California took place ferently than sound recordings created before Hospitals, libraries, youth centers, without consumer protection. It took or after those dates. Such a result would be schools, the military, all of their budg- place in an atmosphere of monopoly both confusing for the courts to administer and ets thrown into turmoil. And what was control of a basic commodity. My city unfair to those who happened to enter into the reaction of people? Rebellion. was in danger of dying economically. agreements to author sound recordings after Many people just tore up their bills. We have stopped it temporarily with November 29, 1999 and before the date of Elected bodies in San Diego County State legislative action. But the Fed- this bill’s enactment. said they are not going to pay the dou- eral Government must act now. FERC Unfortunately, there is some question as to bled or tripled price, they are going to must roll back the wholesale price of whether it is constitutional under the Fifth and pay only what they paid the year be- electricity retroactively. The people, the companies, who Fourteenth Amendments of the U.S. Constitu- fore, because they knew their costs forced these unconscionable rates on tion to give Section 2(a) retroactive effect. If were not determined by a supply-and- the citizens of San Diego should pay the courts disagree with our conclusion that demand function but by price gouging the price and not the consumers, the Congress can constitutionally make these pro- and manipulation of the market. victims themselves. visions retroactive, we have added a sever- Rallies were held. Demonstrations took place. Political figures at the My colleagues, look closely at San ability clause in Section 2(b)(2) to ensure that Diego. Your city may be next. the courts will not strike down the whole bill. city, county, State level tried to begin In short, we believe passage of this bill is to solve this problem. The State legis- f vital to ensure that whatever rights the authors lature acted earlier this week by put- SLORC REGIME INTENSIFIES of sound recordings may have had previously ting a cap on the retail price of elec- CRACKDOWN ON OPPOSITION IN are restored, and that such restoration is tricity, a cap on the retail price. But BURMA achieved in a way that does not unfairly impair what the State legislature did was The SPEAKER pro tempore (Mr. merely put a Band-Aid on a bleeding the rights of others. I urge all my colleagues TANCREDO). Under a previous order of to support this legislation when it is brought to city. Because that price was just de- the House, the gentleman from Cali- ferred to a later time. It was not re- the House floor for their consideration. fornia (Mr. ROHRABACHER) is recognized f funded. It was deferred. And the people for 5 minutes. who would have to pay that price were Mr. ROHRABACHER. Mr. Speaker, A DISASTER FOR SAN DIEGO: DE- not the folks who gouged San Diegans yes, I think the people should watch REGULATION OF ELECTRIC UTIL- to begin with, but the actual con- San Diego. It is a pity that the liberal- ITIES sumers who were the victims of this left coalition that controls the Demo- The SPEAKER pro tempore. Under a price gouging. cratic Party is so allied with extreme previous order of the House, the gen- We must go beyond what the State of environmentalists that for 20 years tleman from California (Mr. FILNER) is California’s legislature did. The Fed- they have prevented the development recognized for 5 minutes. eral Government must act and can act. of any new energy resources in Cali- Mr. FILNER. Mr. Speaker, I rise to- The wholesale price of electricity can fornia. So now the people of San Diego night to tell my colleagues about a be set by the Federal Energy Regu- and all of California suffer under this tragic situation going on in San Diego, latory Commission. And this Congress loss because we are having an energy California. Like all of my colleagues, I should direct that commission, known shortage in a State where we should went home at the beginning of August as FERC, to in fact roll back the have abundance in energy. for a work period in our district, but wholesale price of electricity to the Unfortunately, the only solution that what I found in San Diego was a dis- price that was paid before deregulation we have being offered seems to be price aster, and not a natural disaster but a in which people had made profits and controls rather than developing new man-made disaster, a disaster made by good profits at that price; and yet they energy sources, which will only make a few companies who are willing to put were charging and are now charging the situation worse. the whole quality of life of San prices double, triple, quadruple, five But tonight I need to talk about Diegoans at risk for their own profit; a times what they were before deregula- what is going on in Burma, which is disaster that did not affect only a few tion. something of importance now because people, but affected all of the residents I have a bill, my colleagues, called thousands of lives are at stake in that of San Diego County, 21⁄2 million peo- the Help San Diego Act: Halt Elec- country. ple. tricity Price Gouging in San Diego and During the past week, the SLORC re- Halt it Now. gime, which controls Burma with an b 1930 The people in San Diego cannot sur- iron fist, a regime backed by the Com- What was the basis of this disaster? vive the doubled and tripled prices of munist Chinese, has intensified their San Diego is the first area in California electricity rates. Small businesses are crackdown on the opposition in Burma. to fully deregulate the electrical util- going under. Seniors are having to This is a new round of brutality by the ity industry, to fully deregulate, which make choices between using their air SLORC regime, and it occurred after means that San Diegans pay the mar- conditioning or paying for their food or democracy leader Aung San Suu Kyi ket price for electricity. The market medical prescriptions. was prevented from leaving Rangoon to price is determined by the few genera- I ask my colleagues to look closely visit her party’s members outside the tors of electricity who control the at San Diego, a little dot on the south- capital city. power grid into San Diego. west corner of our Nation, because we Soldiers surrounded her car. This is a So what was the result of this de- are the poster children for the future. Nobel Prize winner, the person who is regulation, a deregulation which was The rest of the State of California will the rightful governmental leader of supposed to bring competition and soon be deregulated. Many of my col- that country because of the elections lower the cost? It doubled and then tri- leagues in their States have deregula- her party won. She was forced to sit in pled the cost of electricity in just 3 tion bills in their legislatures. This a car in the sun for a full week and months. In just 3 months, if they were House has deregulation bills in front of then forcibly return to the capital. a resident in San Diego County, their it. This deregulation cannot work, my Aung San Suu Kyi is one of the true bill went up from $45 to $50 to $100 one colleagues, when a basic commodity is heroes of our time. She is now under

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17164 CONGRESSIONAL RECORD—HOUSE September 6, 2000 house arrest. Her house is surrounded sands of political prisoners through her of waging class warfare when they will by SLORC military forces and secret efforts in Poland, Vietnam, Chile, and bring before this House tomorrow an police, and many diplomats in Rangoon Greece. She died, unfortunately, after a override of the President’s wise veto of are expressing concern about her full life, on September 1. the estate tax repeal. health and her well-being. Ginetta Sagan is gone, but the fight They will try to ram through this Yesterday, the British Ambassador for human rights continues and the House a bill that provides $50 billion in to Burma was roughed up by the struggle against gangsters like those tax cuts once it is fully effective. Not SLORC goons when he tried to visit who control Burma continues. We have one penny, not one penny, for the home Aung San Suu Kyi. The National to pick up the torch and carry on health care worker. Not one penny for League for Democracy in Rangoon has where Ginetta left off. Justice and de- the fast-food employee. Not one penny had their offices raided and documents mocracy will triumph over evil because for the janitor. Fifty billion dollars and confiscated and their members have we will not falter and Ginetta Sagan not one penny for those struggling to been arrested and face arbitrary jail will not be forgotten. get by. All of it for the richest 11⁄2 per- sentences. Let me just say that Ginetta Sagan cent of Americans, most of it for the In the countryside, the SLORC re- and I were active for 20 years. She had 3,000 richest families in America. gime continues its brutality and ethnic enormous energy and love for people. And they will have the chutzpah to cleansing against indigenous tribal She will be missed. But the tyrants in come here and say that they want to groups such as the Christian Karens Burma and elsewhere should not think imperil this economic expansion for and Karennis, who are seeking emer- that this is a loss, because her spirit the benefits of those lucky few and ac- gency refuge in Thailand in growing will continue to inspire others to con- cuse us of waging class warfare. numbers. The SLORC and Communist tinue this fight for liberty and justice. Mr. Speaker, I represent a district Chinese benefit from the narcotics f that is not envious. I do not represent trafficking of the ruthless Wa State class envy. Malibu is the second richest ESTATE TAX Army, which is destabilizing Thailand city in my district. My constituents, and spreading the poison of deadly her- The SPEAKER pro tempore. Under a more than most others, do pay the es- oin throughout the world. previous order of the House, the gen- tate tax. But they have sent me here to The United States Congress is not ig- tleman from California (Mr. SHERMAN) Washington to fight for fiscal responsi- norant of the corrupt and brutal prac- is recognized for 5 minutes. bility, for Social Security, for Medi- tices of the Burmese dictatorship. Mr. SHERMAN. Mr. Speaker, I yield care with prescription drug coverage, Their wicked deeds will continue and to the gentleman from San Diego, Cali- and for Federal aid to education and to will continue to be noted here. Their fornia (Mr. FILNER). the environment. continued repression of democracy is Mr. FILNER. Mr. Speaker, I thank They did not send me here to ask for evident. the gentleman for yielding to me. $50 billion, all of it, all of it for the The United States and the Demo- Mr. Speaker, I just briefly want to wealthiest 11⁄2 percent of Americans. cratic nations which are doing business respond to the gentleman from Orange b 1945 with SLORC, and I might add Japan, County, California (Mr. ROHRABACHER). Australia, Israel, Singapore and others, I invite him to visit San Diego. This estate tax does not affect any those of us in the democratic world It is misplaced to blame the San family or will not affect any family will not sit by and watch this idly as Diego crisis on environmental regula- with $2 million or less to leave to their this type of repression continues for- tions. Yes, we need more capacity as children. But it will affect the as of yet ever. the environment grows. Yes, we need unborn Bill Gates, Jr. Investment in Burma has already environmentally sensitive generating Mr. Speaker, I think that it is impor- been affected. Tragically, the people of capacity. And, yes, we need alternative tant that our children and grand- Burma suffer as commerce and trade sources of energy. There is plenty of children inherit a government that is has dried up. And they are already suf- sun in San Diego. But this crisis is not debt free rather than a few families are fering terrible deprivation in Burma as one of supply and demand. able to inherit millions or even billions their gangster regime which controls This crisis had to do with monopoly of dollars that are tax free. their country impoverishes what pricing and manipulation of the mar- Mr. Speaker, this $50 billion of tax should be a rich land. ket. The price had nothing to do with relief aimed at those with the most This regime, the SLORC regime in when the load was at peak or when sup- will imperil Social Security, Medicare, Burma, is condemning those people ply was needed. It had to do with the and prescription drug coverage; imperil who should be living a prosperous life. people who controlled it and what price our ability to pay off the national debt, They are condemning them to poverty they could get. maintain fiscal responsibility and con- and deprivation and tyranny. A coun- Mr. SHERMAN. Mr. Speaker, re- tinue our unprecedented economic try so rich in natural resources is now claiming my time, I want to add my growth. one of the poorest in the world without voice to that of the gentleman from There are two other bad aspects of freedom. California (Mr. ROHRABACHER) in call- this bill that have not been discussed Tonight, as we note this is going on ing for human rights in Myanma, also on this floor. First, in order to keep in Burma, let us note a champion of known as Burma. the cost down to only $50 billion, the human rights. Ginetta Sagan passed Mr. Speaker, with Senator authors of this bill, which should have from this scene last week. Ginetta LIEBERMAN’s recent notoriety, the been vetoed, actually increase the tax Sagan helped me many times in the country has learned a few words of Yid- of many widows, increase the income cause of human rights in Burma and in dish. And one of the more interesting tax of widows by denying them a step other countries. Ginetta Sagan first words is the world chutzpah, best de- up in basis for their income tax re- volunteered to fight tyranny as a mem- fined as the kind of extreme galling turns. And, second, this estate tax re- ber of the Resistance against Fascists nerve as when someone who has killed peal will cost America’s hospitals, uni- and Nazis in World War II. their parents asks for mercy because, versities, and charities billions of dol- After she was captured then, she was after all, they are an orphan. lars. They will come here asking for brutally tortured. And after she sur- Mr. Speaker, there is something that our help, but with $50 billion a year vived that torture, she helped lay the calls for even more chutzpah than the less in Federal revenue, we will not be foundation for the modern human Menendez brothers asking for a com- able to help them. This is the unspoken rights movement. mutation of their sentence because of secret. The universities and their de- Ginetta Sagan was under 5 foot in their status as orphans, and that is velopment officers will not tell us height, but she was a giant in the fight when our Republican colleagues come about it because they do not want to for justice and liberty, saving thou- to this floor and accuse the Democrats bite the hand that feeds them. But

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17165 major charitable gifts to universities American people how this President week, our subcommittee is looking at will bite the dust if we uphold this and this Vice President have chosen to some of the statistics that have been veto. ignore the reality of the threats that released; but I think they are startling Do not vote to override the veto. are emerging. I will focus on four key figures that will show that more people f areas the President focused on: The are now dying as a direct result of drug emergence of the threat, the arms con- abuse and misuse in this country than NATIONAL MISSILE DEFENSE trol record of this administration, the some of the murders that are com- The SPEAKER pro tempore (Mr. Russian and world response to missile mitted. And I know that that is the TANCREDO). Under a previous order of defense, and the technology readiness, case in the area that I represent. the House, the gentleman from Penn- because those are the issues the Presi- I represent a beautiful area in Flor- sylvania (Mr. WELDON) is recognized for dent spoke to, and I will take apart ida from Orlando to Daytona Beach, 5 minutes. word by word taking the opportunity the central Florida and greater Or- Mr. WELDON of Pennsylvania. Mr. to define ‘‘is’’ as the President defines lando area, and the headlines blurted Speaker, this past Friday, President ‘‘is,’’ and I will show the American peo- out some nearly 2 years ago that Clinton gave a major foreign policy ple that again this President and this deaths by drug overdoses had exceeded speech at Georgetown University an- Vice President just do not get it. homicides in our area of central Flor- nouncing his decision not to move for- This Congress voted overwhelmingly ida. And I think that is now occurring, ward with the plan to deploy a national with veto-proof margins in the House and we will be able to substantiate missile defense. It took the President 7 and the Senate to move forward. And these figures, on a national basis. So if years and 8 months of his administra- this President, in a typical election- people are concerned about the use of tion to finally make a speech about year maneuver the Friday before Labor firearms, about commissions of mur- missile defense. He did not make a Day, before he was to travel to the U.N. der, mayhem in our society, I think speech after 26 young Americans came this week, chose to give the American that we have now reached the point home in body bags because we could people bad information. where drug deaths and overdose as a di- not defend against a low complexity The American people deserve to hear rect result of illegal narcotics are now Scud missile. the other side. Beginning tomorrow, I taking an even greater toll than other He did not make a speech after in will give the other side and through a forms of murder. January of 1995 the Russians almost re- series of special orders over the next I will never forget that a parent who sponded with an attack on the U.S. be- several months will outline for the had lost a child in central Florida said, cause they misread a Norwegian rocket American people the factual response Mr. MICA, that in fact drug overdoses launch, an attack that we could not de- to President Clinton’s falsehoods that are a form of murder, and certainly fend against; and he did not make a he outlined at Georgetown this past when you have a son or a daughter lost speech 2 years ago after the North Ko- Friday. to illegal narcotics, either someone reans test-fired their three-stage mis- f providing them or the individual dying sile which the CIA now claims can hit as a result of someone distributing to the U.S. directly. But he did make a ILLEGAL NARCOTICS them illegal narcotics, you certainly speech this past Friday. The SPEAKER pro tempore. Under view that as murdering or destroying I was not surprised, because his posi- the Speaker’s announced policy of Jan- the life of your loved one. tion has been consistent with both he uary 6, 1999, the gentleman from Flor- But tonight, I want to try to shed a and AL GORE for the past 8 years. In ida (Mr. MICA) is recognized for 60 min- little light. I try not to do this in a fact, Mr. Speaker, I could respect the utes as the designee of the majority partisan fashion. I do not think that President if he would have come out leader. our efforts to curtail illegal narcotics publicly and simply said, ‘‘I disagree Mr. MICA. Mr. Speaker, I am pleased is a partisan matter. I think that both with the Congress and the American to return to the House of Representa- sides of the aisle are sincere in trying people. I don’t support missile defense tives after our August recess and dis- to find solutions. But I think we also and will not during my administration trict work period and continue this se- have to look at some of the facts in- move forward.’’ That is what he has ries that I began nearly 18 months ago volved and some of the spin that is done for 8 years. In fact, the day that as chairman of the Subcommittee on even put on what is happening at the my bill came up on the House floor for Criminal Justice, Drug Policy and national level, possibly for the sake of a vote just a year ago he wrote a letter Human Resources, a series that I began politics, maybe for the sake of apply- to every Member of the House opposing on the topic of illegal narcotics and its ing some cosmetics to a record that is the bill, saying please vote against it. impact upon our Nation. not too attractive. That is something Yet 103 Democrats joined 215 Repub- Tonight, I thought I would recap that we have to deal with. And we licans in giving a veto-proof margin to some of what has taken place during must, in fact, deal with facts if we are move this country forward. So the this congressional recess, some of the going to find real solutions to the prob- President did what he does so fre- activities that have occurred relating lem we face with illegal narcotics. quently. He used a political game and to illegal narcotics and our attempts to So tonight I want to talk about the pretended that he really was for mis- bring illegal narcotics and drug abuse Clinton administration’s attempt to sile defense. in some control and order in our soci- blur some of their failure in Colombia Mr. Speaker, again I could respect ety, and also give an update on some of in their shutdown of our war on illegal him if he simply said that he opposed the actions of the administration in drugs and some of the steps that were missile defense as he did in that letter this interim period while Congress was taken even during this recess by the to every Member a year ago in March. in recess. President to try to put a happy face or But, instead, the President of the I think that it is important that we a successful face on really a policy of United States in his speech before keep in perspective the history of the disaster that has taken place since the Georgetown University publicized efforts by Congress and this adminis- beginning of the Clinton-Gore adminis- around the world last Friday told half- tration and other administrations in tration in 1993 when they took office truths, misrepresented factual infor- trying to curtail what has become and began systematically dismantling mation and, Mr. Speaker, sadly he just probably the most serious social prob- any semblance of a real war on drugs. downright lied. lem facing our Nation and certainly The President, as we know, visited Mr. Speaker, beginning tomorrow, at the youth of this country. I think that Colombia with great fanfare for some 8 a speech before the National Defense the statistics that have recently been hours. He spent 8 hours there out of University, I will respond to the Presi- released about crime show that some of nearly 8 years in the White House. And dent factually, I will respond to his the murder rate in this country is again, I think, to put the best face pos- specific words, and I will show the down. And I think that, in the next sible on a situation that they helped in

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17166 CONGRESSIONAL RECORD—HOUSE September 6, 2000 fact create through some of their ac- was just a transit point and a trans- tration. There was a heroin epidemic tions. shipment point, into a major producing under the Nixon administration. He Let me first review how we got our- country. The first step, as I said, was stopped it at its source. He went in and selves into the situation in Colombia the refusal to share intelligence. through purchasing and through other where the Congress had to, in an emer- Now, this is an interesting chart we programs that he set up, President gency fashion, dedicate $1.3 billion just had prepared. In 1993, the cocaine pro- Nixon, they stopped that. in this fiscal year that we are ap- duction in Colombia was some 65 met- President Reagan and President Bush proaching for aid to Colombia. Accord- ric tons, very little, almost off the created an Andean strategy, a Vice ing to the President’s own drug czar charts in 1993, 65 metric tons. The pop- President’s task force, and as my col- last year, Barry McCaffrey, he called pies grown in Colombia for producing leagues may recall, even when we had a Colombia, and I will use his quote, he heroin was almost zero in 1993. And in Central American leader involved in said it was a flipping nightmare last 1999, we have 520 metric tons of co- narcotic trafficking and money laun- summer and then asked, in fact, that caine; and this, I believe, is in the 80 dering. the President consider it an emergency percent range of all the cocaine pro- Remember President Noriega of Pan- situation. This is after tens of thou- duced in the world. They managed to ama? In 1989, President Bush sent sands of Colombians were slain, mem- develop a market in Colombia and, American troops in. In fact, American bers of the police force, members of the again, by some very specific policy de- lives were lost in that case, but they military, civilians, legislators, mem- cisions. went in with force and with determina- bers of their Congress, local and na- These are the charts that the Presi- tion and stopped that trafficking at the tional judges, attorneys general and dent certainly would not want to show choke point. In this case, it was Panama and the other officials from top to bottom in and the administration would not want Ismus of Panama and the head of a Colombia were slaughtered in a war to show. Almost no heroin produced country who was involved, and they that has been fueled by narcoterrorists. again in 1993, some 7 years ago. Now, captured him, as my colleagues may So finally the administration woke up this figure refers to probably 75 percent recall from television days, and put last year and said the situation had of all the heroin that is seized in the him in jail for dealing in illegal nar- gotten out of control, and in fact it had United States. cotics and for money laundering and gotten out of control. According to DEA signature testing corruption. So that was the way they Now, to get out of control, it was not program, they can take the DNA of the heroin that is confiscated and seized dealt with it. easy. In fact, I believe some very spe- The way the Clinton-Gore adminis- and actually tell almost to the field cific steps by the Clinton administra- tration dealt with the problem is they where it is produced, but some 75 per- tion, and I want to go over them to- stopped the shootdown policy. So the cent of all of the heroin produced in night, led us to be forced really to pass first thing they did is stop the Colombia and seized in the United an aid package of historic proportions. shootdown policy and stop information States comes from Colombia. Now, this $1.3 billion for any country, we know sharing so we could not go after drug took place in this administration. there is something dramatically wrong. traffickers at their source. This policy The first decision was to stop the This did not happen overnight. It began so enraged Members of Congress. with a systematic shutdown of assist- shootdown policy, stop information I remember my colleague, I just got- ance in combating illegal narcotics and sharing. Now, in this vast arena of ten elected in 1993 and the gentleman going after drug traffickers at their the situation that was developing and from California (Mr. HORN) was elected deteriorating in Colombia. source, which is most effective, be- the same year. In 1994, when they did So let me first start by reviewing, if cause we stop shipment of a ton or this, they took this first step, everyone I may, the situation. Members know quantities, we stop it at its source, was shocked, and the gentleman from that most of the illegal narcotics are once it gets into the United States and California (Mr. HORN) said, ‘‘As you now coming from Colombia. This chart beyond these distribution points, it is will recall as of May 1, 1994, the De- which was prepared by the drug en- costly, it is ineffective, and we are partment of Defense decided unilater- forcement agency shows that most of never going to get it all. ally to stop sharing real-time intel- the cocaine and heroin, in 1997, and it One DEA official I met in the jungle ligence regarding aerial traffic in drugs is true today, is coming from Colom- of Central America described it so with Colombia and Peru. Now, as I un- bia. This was not the case as I will aptly. He said, Mr. MICA, down here we derstand it, that decision, which hasn’t point out in 1993 at the beginning of can stop the drugs at their source been completely resolved, has thrown this administration. But this adminis- where they are produced cost effec- diplomatic relations with the host tration took some steps back in 1993 tively for a few dollars. In fact, when countries into chaos.’’ That is 1994. when they first came into office that the coalition started cutting the source Now, that was the Republican view- turned out to be disastrous. country programs, some of the DEA point in 1994 when the administration agents chipped in and put some of their took this step. b 2000 own personal money to stop some of This is what the Democrats had to In 1994, the Clinton administration the production and activity down say. Remember, the Democrats con- stopped providing information and in- there, because they were so dedicated trolled the White House. In 1993 to 1995, telligence to the Colombians regarding to the program, knew it would work. they controlled the House of Rep- drug flights tracked by the United This agent said, Mr. MICA, trying to resentatives by a wide majority. They States, which, in fact, eliminated the stop the illegal narcotics once they get also controlled the other body, the effectiveness of Colombia’s shootdown to our shores is sort of like getting a United States Senate. And this is what policy. hose, hooking it up to a spigot and the Democrats said in August of that Now, prior to 1994, Colombia was par- then putting a 360 degree sprinkler out same year, 1994, committee chairmen ticipating with shootdown drug traf- in your lawn and running around with of two House subcommittees blasted ficking planes, and Colombia was pri- coffee cans trying to catch the water as the Clinton administration yesterday marily a transit route for narcotics. it sprinkles out. And that is the anal- for its continuing refusal to resume And in that era, 1993, some 7 years ago, ogy that this agent used in the jungles sharing intelligence data with Colom- the beginning of this administration, it to me. He said the best thing to do is to bia and Peru that would enable those was mostly cocaine that was coming turn that spigot on and turn off the il- Andean nations to shoot down aircraft through and transcending or being legal narcotics. That would be a simple carrying narcotics to the United processed. It was not grown in Colom- strategy. States. bia. It was a strategy that worked under So we see the beginning of $1.3 billion This administration managed to turn the Reagan and Bush administration problem developing through very spe- the situation, where Colombia again and as far back as the Nixon adminis- cific policy decisions not criticized just

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17167 by Republicans, but this is how we got took control of the other body; but we the last decade, 1990–1991, before Presi- ourselves into this mess, with, again, were also able to pass measures and dent Fujimori took office, there was stopping the information sharing, stop- funding to start two programs, and I pure chaos. There were people sleeping ping having Colombia get a handle on know because I was involved with in the streets, there was gunfire at this situation early on and repeated re- these, with the gentleman from Illinois night, the parks were full, the Shining quests by both Republicans and Demo- (Mr. HASTERT), who is now the Speaker Light Path Mao terrorists were blow- crats not to take these steps. of the House, Mr. Zellif, the former ing up buildings, power supplies, they So these policy decisions had some chairman of the subcommittee juris- had control of some cities, you could very serious implications, and those diction that I now chair, we went down not travel there. implications resulted in a change in to Peru and Colombia and Bolivia to Within a short period of time and two trafficking patterns and production see what it would take to get this administrations, President Fujimori patterns of narcotics. under control. has not only brought stability and This is an interesting chart, because Again, this is not rocket science. It is peace to that country and a stable way it shows Andean cocaine production. a simple thing. We stop the production of life, but he also has dramatically de- And we see in 1991, 1992 the situation; of these drugs at their source, cost ef- creased the cocaine and coca produc- and this line that we have going fective; and we put very few million, tion in that country, and with very few through here is Bolivia. This line, the maybe $20 million, $30 million, in some dollars. He was punished some by this blue line going through here and down of these programs in Bolivia and Peru. administration and by the liberals is Peru. And the line, the red line that And guess what? from the other side of the aisle because we have we have going up here is Co- In our alternative crop programs, in of his so-called human rights viola- lombia, and this is cocaine production. our enforcement programs, in our tions, or that his election was by pop- What the administration did was, in eradication programs, look what hap- ular election, an additional term and fact, stop information sharing. Then in pened here. In fact, we have reduced by approved by the people. His opponent 1996 and 1997, the Clinton administra- over 50 percent, 55 percent the produc- asked that the election be delayed. tion decertified Colombia. We have a tion of cocaine in Peru. President Could you imagine in this country certification law that I helped work on Fujimori has done an incredible job, that you do not like the results of the when I worked back in the Senate and not only in bringing stability to that election, and you say, oh, let us have develop, and it is a simple law. It says country, but cooperation. another election at another date? that every year the President must Recently, I must commend him, he Fujimori again won the majority vote. certify that a country is cooperating in has shot down drug traffickers after Now there are those that are again giv- stopping both the production and traf- the United States, again, after we went ing President Fujimori, who has done ficking of illegal narcotics. The Presi- through the fiasco of not sharing infor- an incredible job in assisting the dent must certify. The President sends mation and intelligence for drug traf- United States, a difficult time. But that certification, and he says that ficking air shootdowns to these coun- this is a program of success. This will they are cooperating. In return for tries, we found that the administration eradicate for very few dollars coca pro- when the President certifies that there repeated the mistake and even our own duction and cocaine production. is cooperation, these countries get for- Ambassador from Peru was saying, We can do the same thing in Colom- eign assistance; they are eligible for continue to get information to us. bia. Of course, the situation has dete- foreign aid. They are eligible for trade This is in a report I got this last De- riorated much more in that country, benefits of the United States of Amer- cember. In the report the United States and, again, because of specific policies ica, and they are also eligible for fi- Ambassador from Peru, I believe in of this administration and specific nance benefits. 1998, said they were making the same steps that were taken by this adminis- Benefits of our country are bestowed mistake and they should continue the tration that got us in this mess. on them for their little bit of coopera- information sharing. That information So here we are with this production tion in stopping illegal narcotics. A sharing, I believe now we have gotten going off the chart. Here we are with nice trade we thought when we devel- some of that started again. President the House of Representatives, the other oped the law. Fujimori has ordered the shootdown of body and the administration providing Now, we found in developing the law drug trafficking planes, and they are $1.3 billion now in aid to get our cart that we wanted to make a statement given fair warning. out of the ditch in Colombia, which is and say that a country was decertified We know that they are carrying the major producer of heroin, some 75 as not fully cooperating and cooper- death and destruction out of that coun- percent as we demonstrated by the ating, and that might have been the try and across other borders and into other chart, and some 80 percent of the case with Colombia because of its lead- our streets and our communities and cocaine production for the entire world ership. But we also put in the law a our schools. So we have a situation in now out of Colombia. provision that said you could decertify, which we know what works. This was not easy for the Clinton- but you could issue a national interest Gore Administration to achieve. I waiver, and even though a country was b 2015 mean, to make this country into a dis- decertified, in our national interests, In Bolivia, we put together a plan, aster in 7 short years, the leader in the interests of the United States, we and the plan has worked with the in- production in cocaine, the leader in could continue to give assistance to credible cooperation of President Hugo production in heroin coming into the fight illegal narcotics. Suarez Banzer, the President of Bo- United States, was no easy step, but In 1996, 1997 this administration, livia, who has cooperated. The vice they managed to do it by distorting the Clinton-Gore, decertified Colombia president has helped lead the effort. intent and also the provisions of the without using the provision put in law And in the package that we are now drug certification law. so that we could continue to get aid, sending, that we have now passed and One of the interesting things you let them help us with the illegal nar- are sending to Bolivia, and actually it hear the administration talking about, cotics problem. So what happened here is in the $1.3 billion, there is $100 mil- and we even heard some of the leaders is cocaine production, actual growth of lion for Bolivia of the total Colombian from South America talking about, is, coca in Colombia dramatically in- aid package, because we do not want first of all, having the United States creased. Look, it just took off the this to continue here. abolish the certification process, and charts, with their policy of not getting We have the possibility within the then turning that over to an inter- aid down there. What happened? next 24 to 36 months of completely national body. Now, the Republicans took control of eradicating cocaine production in Bo- Could you imagine having the United the House of Representatives, and we livia. I tell you, if you can do it in States benefits of foreign aid, eligi- were able to pass measures. We also Peru, and I went to Peru at the turn of bility for finance assistance and trade

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17168 CONGRESSIONAL RECORD—HOUSE September 6, 2000 benefits, given to another organization it to Haiti in his nation building at- management in delivering the outside the sovereign United States, to tempts in that country. I could spend Blackhawk helicopters, which arrived, determine who is eligible for foreign the rest of the night talking about the sent by this administration to Colom- assistance and benefits, trade and fi- disaster of the Haitian policy, and bia without proper armoring and with- nance from the United States? It is al- Haiti has now turned into one of the out ammunition. most ludicrous, but the administration major drug transit countries in the en- What made it even worse is some of has been nodding and bowing to some tire hemisphere and world, despite the ammunition that we ended up ask- of these suggestions, and I would fear nearly $3 billion in diversion of some of ing be sent to Colombia ended up dur- that they would fall into the trap of the money that the Republican-led ing the Christmas holidays, from De- letting someone else determine who Congress had authorized for that war cember to January looking for this am- gets benefits of the United States. I on drugs. They moved the money into munition, which should have been cannot believe it, but it is being talked Haiti. They moved the equipment into there over a year ago, ended up on the about. Bosnia and to Kosovo and to other ad- loading dock of the Department of Repeatedly since the new majority, ministration deployments. State, another bungled disaster in try- the Republican side, came into office, So even when we finally got them to ing to get aid that the Congress, the and even before that, I know we have grant this waiver that is allowed to get Republican-led Congress, had worked requested that steps be taken not to the resources there, the resources were since 1995 to get to Colombia in a time- allow the situation in Colombia to de- diverted in fact. ly fashion, and, again, aid that could be teriorate. During the 1993 to 1995 period Then what we found is we asked not used in an effective manner. when again the Democrats, the other only that appropriated funds by the So the major expenditure of the $300 party, controlled the House of Rep- Congress get there to help bring this million that we asked some 3 or 4 years resentatives in vast numbers, I had situation which was deteriorating in ago to get these resources and funded over 130 Members request a hearing on Colombia under control, and we saw several years ago, the major compo- our national drug policy, and in a pe- the production dramatically rising, nent of this package were these heli- riod of 2 years there was really one which the charts supplied even by the copters which they need to get to high hearing, if you did not count appropria- administration confirm, but the other altitude to go after both the traffickers tions, routine hearings, on the question thing that we always asked to help if and also do the eradication. Other of our national drug policy and what you are going to have a war or effort or equipment will not work, but we know was happening to it. I had 130 requests a fight to assist in tackling a problem what will work, and we could not get for hearings, and almost none were is you need equipment and resources. that there. In a very limited quantity held. This is an interesting article from it finally got there the beginning of I am pleased to say we have probably last year, ‘‘Colombia turns down dilapi- this year, but not armed, not properly done some 40 hearings, almost one a dated United States trucks.’’ We tried armored, and not properly equipped, week, since I have chaired the sub- to get surplus equipment. Okay, if you with the ammunition that was out- committee, looking for solutions, look- will not take the money that the Con- dated. ing for ways in which we can tackle gress has appropriated, the Republican- b 2030 this great social challenge and social led Congress has said to get there to do and health problem that our country is the job, how about just supplying some So one does not get oneself into a $1.3 facing with the illegal narcotics, and of the surplus? Heaven knows we have billion disaster emergency appropria- really it has become a national secu- tons of surplus equipment in our tion by accident. One does not get one- rity problem. But one hearing was held downsizing, and some of it is not used self where we have a country which is in 1993–1994. or is in mothballs. They took these a transit country for narcotics into the In 1995, when the new majority took trucks, which actually I am told were major producing country now in the office and control of the House and the designed for a northern or arctic cli- world for the supply of hard narcotics other body, we again pleaded with the mate, and sent them down to Colom- coming into the United States, we do administration to get assistance to Co- bia, and sent equipment that could not not get this accomplished by just a lombia. We sent letters, we sent joint be used or was so expensive to repair or couple of easy steps. Unfortunately, we requests, we sent resolutions, and we convert for use in the jungle or the take some steps that I have outlined actually even funded monies to go to tropic application that it was useless. here tonight that in fact turn the situ- that country. Each time the adminis- Now, this would not be bad enough, ation into a disaster, and cause the tration blocked assistance getting to but the Congress saw this coming, and Congress to expend hard-earned tax- Colombia. again the Republican-led Congress payer dollars to sort of mop up the After tremendous pressure by the tried to do its best to get the resources mess. Congress, in 1998 we did get action by to Colombia in a timely fashion. Again, All this was now sort of blurred by the administration to certify with a the policy of not sharing information, the President in his grandstanding and national security waiver by the admin- of stopping the shoot down policy in going down to Colombia for some 8 istration, so finally some 2 years ago 1994–1995 created a disaster. In 1996 to hours to make this all look good. I am they granted this waiver. 1998 they decertified without a national sure his action, the reports I have, are Now, they granted a waiver to allow interest waiver, so no aid was going poll-driven that in fact the situation narcotics fighting equipment and re- down. 1998, they finally granted a waiv- had deteriorated so badly, not only in sources to get to Colombia. That was er to allow aid to go down. They send Colombia, and the public was aware of their so-called policy. But in practice down aid that cannot be used. it, but also with illegal narcotics flood- what they did was a disaster. Let me The Congress passed some 2 years ago ing into the country in unprecedented just show you some of the things that a $300 million appropriation to send quantities that it began to affect the they did. Blackhawk helicopters and equipment credibility of this administration and We funded money; they diverted resources to Colombia to get the situa- those running for higher office. money. They diverted resources. I am tion under control. Now, you would I will quote from the New York told the vice president had directed think that with the direction of the Times. I do not want to prejudice this, some of the AWACS aircraft that we Congress, the administration could because I am a partisan from the Re- had flying, surveillance aircraft, from carry this out. Wrong. Until January of publican side, and I do not want to the drug producing region to Alaska to 1999, I am sorry, until January of 2000, prejudice it with my statement, but we check for oil spills. this year, we were not able to get the will take the New York Times August The President took money from what helicopters to Colombia in a fashion 30 article. we had pledged to give to this region, that could be used. Almost an incred- It said, ‘‘The U.S. authorities de- the drug producing region, and diverted ible scenario of bungling, of mis- scribe Colombia’s drug trade, which

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17169 supplies about 80 percent of the world’s gion of the Caribbean, where all these heroin in unprecedented quantities and cocaine and two-thirds of the heroin on narcotics are grown and sourced and cocaine in unprecedented amounts, U.S. streets, as a national security con- transited from, all of that surveillance there is a reason for that. That is that cern. But analysts suggest domestic operation was located in Panama at surveillance operations are basically politics rather than foreign policy may our bases. closed down, and are in the process of be behind the timing of Clinton’s trip.’’ In a bungled negotiation with Pan- being replaced at great expense to the I did not say this, the New York ama not only did we lose everything as American taxpayers. The latest esti- Times said this. Let me quote again far as the canal is concerned, and we mates are probably in the $150 million from this article: were expected to lose that, but we lost range, in addition to what we lost in ‘‘Since Clinton took office in 1992, all of the other assets. The Air Force assets in Panama. Colombia’s cocaine output has risen bases, all of our strategic locations, That is some of the situation that we more than 750 percent, to 520 metric and every operation for our forward got ourselves into. The President went tons last year, leading to Republican drug surveillance and intelligence op- down with great fanfare, and we would charges that the Democrats have soft- erations were housed at Howard Air think that he had solved the problem peddled on drugs.’’ Force base in Panama. This was, again, when in fact he helped to create the The rest of the article says, ‘‘Diplo- a total loss, and it is sad to report to problem through some very specific matic sources say Wednesday’s trip the Congress and to the American peo- steps that I think I have documented will give Clinton the perfect stage to ple that the administration is now try- here tonight. strike a tough pose on drugs and allow ing to still piece together a substitute Mr. Speaker, what I would like to do Democratic Party presidential can- for Howard Air Force Base. is just talk for a few minutes about an- didate Al Gore to say the current ad- So rather than pay a little bit of rent other thing that has taken place dur- ministration did not fall asleep at the or assistance for using the facility that ing the recess. switch.’’ we had even built in Panama for this During the recess, we had with great This is the New York Times article. I operation and other national security fanfare not only the President visiting did not say that, they in fact said that. operations, we are now paying Ecua- Colombia to make it look like they had But these accidents in fact have cre- dor, and we will probably pay over $100 done something, and of course I did not ated a disaster. The failed policy in million to build an airstrip, and we will describe what they did tonight in de- Haiti has created a disaster, turning have a limited contract with that tail about how they got us into this Haiti into the key transit zone for ille- country. We are going to pay for im- pickle, but we heard just in the last gal narcotics coming through the Car- provements and facilities at Aruba and few days the drug czar and Donna ibbean today. Again, do not take my Curacao, and we are going to pay addi- Shalala, our Secretary of Health and word, let us take the administration’s tionally in El Salvador. Human Services, come out and pro- drug czar’s word. But what has happened, since May of claim that illegal drug use is down General Barry McCaffrey, director of last year, until we are now told today among teens. Of course, there is this the Office of Drug Policy, said ‘‘My it is 2002, we have a wide open gap. So headline in the Washington Times that only broad-gauge assessment is that not only do we have Colombia pro- says also that it is up for young adults. Haiti is a disaster. We’ve got a weak to ducing incredible quantities, actually They were trying to stage during this nonexistent democratic institution, a producing heroin, actually poppies that recess, in addition to the President’s police force that is on the verge of col- produce heroin and they come from staging appearance in Colombia, that lapse from internal corruption, and there, but we have cocaine coming drug use was down among teens. What eroding infrastructure that is creating from there in unprecedented quan- they had to do really was to counter a path of very little resistance. We are tities, and also the coca bean grown the other headlines and reports that watching an alarming increase.’’ there. had been coming out one after another. This is, again, not my comment but We have this incredible producing This is from the Washington Times: the comment of our drug czar. This is country, and our surveillance oper- ‘‘Threat of Ecstasy Reaching Cocaine, after the administration’s policy of na- ations cut dramatically. In fact, we are Heroin Proportions.’’ This is August 16 tion-building, after spending probably told until 2002 that we will not be up to of 2000. This is a report, and we had be- some $3 billion in Haiti and much of where we were when Howard Air Force fore my subcommittee the folks from the funds in the institution of nation- base was opened. the Centers for Disease Control who building, building the police force and What is of even more concern is the issued a stinging report that said building the judicial system, building a administration, when they came in in ‘‘High-schoolers Report More Drug legislative body, and this is the assess- 1993, took some very specific steps, Use.’’ This is the New York Times. This ment by the administration’s drug czar Clinton-Gore, in closing down the is from Friday, June 9, 2000. that this has turned into a drug haven. source country programs, in closing So the administration staged an I have not gotten into Panama. I just down the interdiction programs. They event to try to make it look like they described how the policy of President have great disdain to begin with for the had gotten a handle on teen drug use, Bush was to go in and go after a drug military, and they wanted to make cer- and it was in response to these reports trafficker. In this case it happened to tain that they took them out of the coming out, the Centers for Disease be the President of a country, Noriega, war on drugs. Control and other reports that we have. who he sent our troops for, who cap- Now, of course, Members can hear What disturbs me as chair of the sub- tured him and jailed him. the comments that the war on drugs is committee is that it is almost a deceit- The contrast is that the Clinton and a failure. The commentators are al- ful use of statistics. We passed a $1 bil- Gore administration allowed Panama ways saying that. But the war on lion program to combat illegal nar- to be given up, which it did have to be drugs, Mr. Speaker, basically closed cotics use and drug abuse, an anti-drug given up, we will give them that, as far down with the advent of this adminis- media campaign some 2 years ago, and as our base, but they turned over $10 tration. That was in 1993. They stopped some $200 million plus per year is being billion in assets. We requested that we the interdiction programs, cut the expended over a period of time to try at least be allowed to lease and use the source country programs, took the to get this situation under control. bases which we had established there, military out of the surveillance oper- When we passed that we wanted some even if we had to pay for them, as a ations, and last year we lost the for- measurable results, and we required in continuance of our forward drug sur- ward operating location. the law that we passed that there be veillance operations. So if Members wonder why we have a measurable performance standards and We have to remember that before disaster in Colombia, there are specific a report back to Congress. I didn’t May 1 of last year all of our drug sur- steps that led to that. If Members won- think that the drug czar’s office could veillance operations for this entire re- der why our streets are flooded with do this or the administration would do

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17170 CONGRESSIONAL RECORD—HOUSE September 6, 2000 this, but they took statistics and they we start looking at statistics, we find to provide some sort of voucher or sub- molded them in this presentation as a that Ecstasy use is absolutely sky- sidy for seniors who might want to go follow-up to the President’s staged ap- rocketing. This shows the Ecstasy use. out and buy a prescription drug plan. pearance in Colombia, and used them If we look at methamphetamine, al- But the Republican proposal really in a fashion which I think was deceiv- most no methamphetamine back at the does not do anything, nor does Mr. ing and which violates the intent. beginning of this administration. These Bush’s proposal do anything to help In fact, there is an article which says charts were given to me by another the average senior. I think it is just a the administration may have violated agency of this administration. We see lot of rhetoric. It does not actually do the law by not properly reporting to from 1993 to 1999 the country, these col- anything to solve the problems that the Congress as required by the law. ored parts here showing methamphet- seniors face today. I just wanted to But what they did was they took the amine going at a rapid rate. contrast because, in many ways, I perceived drug use as harmful of 12th If we look at 12th grade drug use and think that what Mr. Bush has proposed graders, and they took a 1996 baseline the charts that again were provided is really no different. It is just another that we started out with, and showed and information by this administra- version of what the Republican leader- that 59.9 percent in 1996 perceived drug tion, we still see serious increases, ship in the House has been talking use as harmful, these 12th graders. some leveling off. If we look at the about for the last 6 months. Each year that had decreased. prevalence of cocaine use, we see again On the other hand, the Democratic We wanted to find out if the $1 billion dramatic increases under the watch of proposal which we have been putting we are spending is effective. They came this administration. forth and has been supported by Vice out with a report, and what they did So I do not particularly like to call President GORE has very specific rem- was they changed the baseline. They this to the attention of the Congress edies for dealing with the problems changed the baseline from 1996 to 1998 and the American people, but I think it that seniors face. So I would just like so that they could show it was a small- is a distortion of the intent of Congress to run through some of the distinctions er baseline. to try to get measurable results and ef- if I could. In this drug control strategy we re- fective expenditure of our dollars and All that the Republicans are doing, quire that they set a goal, so we know our antinarcotics effort. and that includes their presidential that we are getting something for our So tonight, I appreciate the time and candidate, Mr. Bush, is throwing some money, and we try to reach this goal. patience of my colleagues. I will try to money or proposing to throw some The goal they set was for 80 percent of return maybe again this week and fin- money at the insurance companies, the use, the 12th grade use to perceive ish the rest of this report. But we still hoping that they will sell a drug-only this as harmful, drug use as harmful. face a very serious illegal narcotics insurance policy; and the insurance What we have seen is actually a dete- problem that is taking a record number companies admit that they are not rioration in this. of lives, destroying families, and im- going to be selling those kinds of poli- The administration cleverly took, posing great social devastation across cies, that basically a drug-only insur- and it was not discovered by our sub- our land. ance policy will not be available. committee but by a reporter, and Mr. Speaker, I appreciate again the What the Democrats have been say- changed the baseline to 1998, used the attention of the House. ing is that we have a tried-and-true new baseline. They shifted from 12th f program, a Medicare program, that has grade, because they had slightly more been around for over 30 years now; and PRESCRIPTION DRUG BENEFIT favorable statistics for eighth-graders, all we have to do is take that existing FOR AMERICAN SENIORS and used those statistics. So what they Medicare program and expand it did was they said they were getting The SPEAKER pro tempore (Mr. through a new part D where one would closer to their goal, and eighth-graders TANCREDO). Under the Speaker’s an- pay a premium per month and one were 73 percent more likely to perceive nounced policy of January 6, 1999, the would get a prescription drug benefit in drug use as harmful, and said they gentleman from New Jersey (Mr. the same way that one gets one’s part were 7 percent from reaching their PALLONE) is recognized for 60 minutes B benefit to pay for one’s doctor’s bills goal, when in fact they had actually as the designee of the minority leader. right now. One pays a modest pre- deteriorated in the 12th-grade range, Mr. PALLONE. Mr. Speaker, I would mium, and the Government pays for a and researchers will tell us that 12th like to discuss in a little depth tonight certain percentage of one’s drug bills. grade is a better measure of long-term the issue of prescription drugs and try- The Democrats, and here is one of drug use. Twelfth-graders usually set ing to provide a prescription drug ben- the most important distinctions, the the stage for their lifetime action with efit to America’s seniors. Democrats guarantee that the drug the illegal narcotics. In that context, I wanted to specifi- benefit one gets through Medicare cov- cally, Mr. Speaker, make reference to ers all one’s medicines that are medi- b 2045 the proposal that the Republican can- cally necessary as determined by one’s So we have seen a clever and rather didate for President, Mr. Bush, has doctor, not the insurance company. deceitful distortion of a law that we made in the last few days, and draw the The Republicans and Mr. Bush tell passed to try to gauge performance and contrast between that and the plan one to go out and see if one can find an find out if we are meeting our objec- that the Democrats have been putting insurance policy to cover one’s medi- tives, and I find that very disturbing. I forward in the House of Representa- cine; and if one cannot find it, well, do not know if time permits to bring tives and that is also supported by Vice that is just tough luck. Even if one folks in and to conduct a hearing; but President GORE. I know I am going to does manage to find an insurance com- we certainly will be, if necessary, sub- be joined tonight by some of my col- pany through the voucher that the poenaing records to find out how they leagues on the Democratic side of the Government might give one under the could take the intent and law passed aisle. Bush plan, there is no guarantee as to by this Congress to set meaningful Mr. Speaker, my concern about what the cost of the monthly premium or goals, to set performance standards, has been happening with the Bush what kind of medicine that one gets. and then evaluate and report back to Medicare plan, or I should say with the Now I find myself when I talk to sen- the representatives of the people. Bush prescription drug plan, it is just iors that they want certainty. They So I take this matter very seriously basically too little too late. The Demo- want to know that, if they pay a pre- that the law, intent and spirit of the crats here in the House have been talk- mium, as they do under part B, and law may have not been measured up to ing about expanding prescription drugs now they would under the part D pro- by this administration in an attempt through Medicare. On the Republican posed by the Democrats and by the to make it look like they have done side of the aisle, we have seen fig Vice President, that they are guaran- something to help us, when in fact, if leaves go out about different proposals teed certain prescription drug coverage

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17171 and it is going to be there for them had a lot of forums and town meetings, ican senior. We have to realize now the whenever they need it. many of which were with seniors. only way we are going to get real cov- Lastly, I think in contrasting these Whether they were seniors or not, ev- erage for seniors is if we add a prescrip- two plans, the Republican and the erybody talked to me about the price, tion drug benefit to the Medicare pro- Democratic plans, and just as impor- the cost of prescription drugs. Now do gram, which is exactly what the Vice tant, I see the gentleman from Maine my colleagues mean to tell me that President and the Democrats have been (Mr. ALLEN) just came in, and he has when we pass a prescription drug plan proposing for the last 2 years. been the biggest supporter of this we are not going to address that issue? With that, I yield to the gentleman issue, is that the Republicans and the If we do not address that issue in some from Texas (Mr. TURNER), a gentleman Bush plan leave American seniors open way by at least saying this the Govern- who has been outspoken on this issue to continued price discrimination. ment is going to try to have someone and who I know really cares a great There is nothing in the Bush plan or in out there to negotiate a better price, deal about the seniors in his district the Republican plan to prevent the then any prescription drug plan that is and trying to solve this problem. I drug companies from charging one put into place is not going to really know he has had a number of forums whatever they want. The Democratic solve anybody’s problem because the over the last month or so in Texas, his plan, on the other hand, says that the cost is going to be too high. home State. We talked a little bit and Government will choose a benefit pro- The other thing I wanted to point shared some thoughts today about how vider who will negotiate for one the out, and this is something that I said the response from seniors that we have best price, just like the prices that are before we had our August break, is that again been getting over the last month negotiated by the HMOs and other pre- what Mr. Bush is proposing and what has been really very similar. They are ferred providers. the Republicans proposed here in the really crying out for reform. They have The real difference, though, is that House of Representatives when we were a problem. They cannot afford to pay the Democrats are working with the in session during the summer and the prescription drugs out of pocket. They existing Medicare program to basically spring has already been tried in at are crying out for relief, which is what expand Medicare to provide prescrip- least one State; and that is the State the Vice President wants to achieve. tion drug coverage, and that would of Nevada. Mr. Speaker, I yield to the gentleman make a difference for the average sen- In the State of Nevada, back in the from Texas (Mr. TURNER). ior. The first prescription drug, the springtime, they passed a prescription Mr. TURNER. Mr. Speaker, I thank first medicine that they need would be drug plan that was very similar to the gentleman from New Jersey (Mr. covered under the Democratic plan. what Mr. Bush and the Republicans PALLONE) for yielding to me. It is good The Republican plan is just, in my have proposed; and that is essentially to be here and to share this hour with opinion, nothing more than a cruel giving a subsidy, giving a voucher to him and our colleagues on the Demo- hoax on the seniors. It is the same type seniors so that they can go out and try cratic side of the aisle who have of thing that the Republicans in Con- to find their own prescription drug worked for so long now trying to pass gress have been proposing. plan, their own prescription drug pol- a prescription drug benefit for our sen- I wanted to just mention two more icy through some insurance company. ior citizens under the Medicare pro- things, then I would like to yield to my In the State of Nevada, none of them gram. colleagues who are joining me here to- were sold. People tried to find a plan, Mr. Speaker, 2 months ago the Re- night. There was an article in today’s and there were no insurance companies publicans tried to diffuse the issue by New York Times where the Republican that was willing to sell it. passing a bill on the floor of this House candidate, Mr. Bush, was spelling out The only thing that I can see hap- by a very narrow margin that was sim- his prescription drug program. Inter- pening with Mr. Bush’s plan is that ply a plan that told the insurance com- estingly enough, when asked about the some of the HMOs will offer the cov- panies to go out there and offer insur- issue of price discrimination, he actu- erage because if they can take that ance policies for prescription drugs to ally criticized GORE’s plan, the Demo- voucher and add it to whatever seniors our seniors. They did it in spite of the cratic plan, by suggesting that, in the now get under Medicare, that they may fact that, during the hearings on the way that we set aside benefit providers be willing in some cases through HMOs very bill, the insurance companies and say they are going to negotiate a to take up the slack and perhaps pro- came in and said that it was not going good price so that seniors do not get vide some benefits for prescription to work. In fact, the president of Blue ripped off, and the price discrimination drugs. Cross and Blue Shield said the idea of that currently exists disappears, what But the problem with that is that as a private insurance drug benefit, and I Mr. Bush says is that that would do we know over the last 6 months and am quoting, ‘‘provides false hope to nothing but ultimately lead to price over the last 2 years since more and America’s seniors because it is neither controls. more seniors have gotten into HMOs, a workable nor affordable.’’ I just wanted to use this quote if I lot of those HMOs are now cutting Now we see that Governor Bush has could, Mr. Speaker. It says that Mr. back. They are simply getting out of belatedly approached the same plan. Bush today, much like the drug indus- the Medicare program. They are telling b 2100 try, criticized Mr. GORE’s plan as a step the seniors they have to have a higher towards price controls. ‘‘By making deductible, more of a co-payment, basi- He simply says that we need to rely government agents the largest pur- cally telling the seniors that they have on private insurance companies to pro- chasers of prescription drugs in Amer- to pay more out of pocket. vide prescription drug coverage for our ica,’’ Mr. Bush said, ‘‘by making Wash- So I do not think pushing seniors seniors. It is quite interesting to note ington the Nation’s pharmacist, the into HMOs is the answer. I think there that the Republicans and Governor Gore plan puts us well on the way to is a serious problem with managed Bush have said we can rely on private price control for drugs.’’ care, not that managed care is nec- insurance companies to cover our sen- Now, what that says to me is that essarily a bad thing. But if Mr. Bush iors’ prescription drug needs when at what Mr. Bush wants, he wants to do thinks that we are going to solve the this very moment the private insur- something that is going to help the prescription drug prices for seniors by ance companies are pulling out of pro- pharmaceutical companies, he wants to simply pushing them into HMOs, the viding Medicare+Choice plans for our do something that is going to help the experience of the last 2 years shows seniors. insurance agencies, the insurance com- that is simply not the answer. In early August, I had the oppor- panies; but he is not doing something What we are facing here is a Repub- tunity to travel around my district. I that helps the average American. lican plan under the Republican can- visited about 40 communities and We had time for the last month or so didate for President that basically does talked to hundreds of seniors who are when we were all in our districts, and I not do anything for the average Amer- struggling to pay their prescription

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17172 CONGRESSIONAL RECORD—HOUSE September 6, 2000 drug bills. I stopped in many phar- in memory of my mother, who passed are receiving notices from their insur- macies and talked to many seniors who away last November in Conroe at the ance companies saying their brought in their prescription medicine age of 87. My mother had multiple Medicare+Choice HMO plans are can- bottles. In fact, I had urged them to health problems that resulted in her celed as of December 31. Many of those bring in their empty medicine bottles having to take many expensive pre- are in my State of Texas. One would to allow me to take them back to scription drugs for the last 20 years of think that Governor Bush would under- Washington. This is one of them from her life. She was very active and able stand that private insurance HMO cov- Kirbyville. to live a full life in spite of her health erage for prescription drugs is not the I urged my seniors to use these problems, and was grateful for medica- answer, particularly in light of the fact empty prescription medicine bottles as tion that could help her. She very me- that hundreds of thousands of seniors a way to send a message to the Con- ticulously followed her doctor’s orders across this country are being told no gress that they are ready for this Con- on medication and diet. by their HMO. gress to do something about the high ‘‘Like most people her age who lived We have learned, I think, an impor- cost of prescription drugs and to pro- through the Great Depression and tant lesson, one that our Republican vide a Medicare benefit for prescription World War II, she possessed much pride friends and Governor Bush also need to drugs. I have got at least four full in self-sufficiency. She did not ask any- learn, and that is we cannot rely upon boxes of these, and it shows that the one for handouts. She believed in pay- private insurance as a safety net for seniors that I represent are tired of ing her bills first and foremost and our seniors. Once again the Repub- waiting for this Congress to do some- maintaining good credit. People of this licans propose that private insurance thing. We have been working on this era worked hard. And even though they can solve the problem. Recently, when for over 2 years now, and the truth of worked hard and paid the maximum Governor Bush announced his new the matter is it is time for this Con- through Social Security, their retire- plan, he said he would begin to cover gress to act. ment income is still not sufficient to prescription drugs in year 5 of his pro- When I talked to the seniors in my meet the total cost of retirement liv- posal by reforming Medicare, and for district, many of them had prescription ing, especially if there is a prescription the next 4 years he said he would give medicine bills that run several hun- drug bill every month of $300 or more. $12 million a year to the States to dreds of dollars a month. I met seniors ‘‘My mother’s only income was her allow them to do something about the who are trying to make do by taking Social Security retirement income problem of prescription drugs for sen- their pills and breaking them in half; with a prescription drug cost of $300 a iors. trying to get by and lower the cost month. After her death, I discovered Now, the States tell us that they do that way. Others told me they just try that her major indebtedness was a not want to have this ball. The Na- to take a pill every other day instead credit card with over $6,000 on it. I in- tional Governors Association has al- of every day as prescribed. I met sen- quired and determined that it was ready said, and I quote, ‘‘If Congress iors who are having to make the dif- practically all for prescription drugs. decides to expand prescription drug ficult choice of whether to buy their She used the card when she needed coverage to seniors, it should not shift groceries or to fill their prescription. medicine and had no money left in the the responsibility or its cost to the In the community of Navasota in my bank. She knew that the account could States.’’ Why should we give money to district I was there at a local phar- be paid off when her modest home was our States to subsidize insurance com- macy that is located in a grocery store, sold. Because of her pride and self-suf- panies instead of just using the money and a lady came up to me, she did not ficiency, I did not know this until her to provide meaningful prescription know I was going to be there to talk death.’’ drug coverage under the traditional about this issue, and she just overheard It is of quite a surprise, I am sure, to Medicare program that seniors under- me so she stopped in to listen. After- this lady, to know her mother had to stand and trust? The insurance compa- wards, she came up to me and she said, charge her prescription drugs on her nies are abandoning our seniors right I just brought my prescription in yes- credit card and run up a $6,000 bill just and left, and yet our Republican terday and I had come back today to to be sure she could take her medicine. friends continue to say that insurance, pick it up. She said I was just back at These stories and many like it were private insurance, can take care of the the pharmacy counter and the phar- repeated to me over and over again as problem. macist told me that it would be $125. I traveled around my district during Medicare was signed into law by a She said I told him he would just have our August work period. These people great Texan, Lyndon Johnson, in 1965, to keep it. I asked the pharmacist later that I talked to are in desperate need in a day when prescription drug cov- if that was a common problem and he of some help. We need sound policies erage was not nearly as important as it said it was. He said many people come and a meaningful prescription drug is today, because prescription drugs in and ask to have their prescriptions coverage plan, not empty promises, not were a very small percentage of our filled only to find that the price is too press releases. total health care cost. Today it is a high for them to afford. Today, the problems of the drug cri- much larger percentage and a much In a Nation as prosperous as this Na- sis has reached a new crisis. This is more serious problem. After 35 years of tion is, and in a Nation that is as com- brought about by the fact that all protecting our seniors, we should be passionate as we like to think and say across our country seniors who signed strengthening Medicare with a pre- we are, I believe it is time for us to rec- up for these so-called Medicare+Choice scription drug benefit, not dissolving it ognize that we can do something for plans, offered by the big HMOs as a in favor of private insurance companies our seniors in helping them with the substitute for regular Medicare, have out to earn a buck when we already cost of prescription drugs. been canceling their coverage of our know from our current experience that I had a lady in a little town of seniors. Hundreds of seniors told me private insurance companies cannot be Teneha come up and hand me an enve- that they personally received these no- relied upon. lope, and she said to me, ‘‘Would you tices of cancellation to be effective on We only need to look back to see please read this on your way to your December 31 of this year. In the 19 what has happened to seniors across next stop?’’ When I got in the car I counties in my district, as of the end of this country in recent months. In rural began to read this letter, and I want to December, 15 of those counties will east Texas, the area of the country share it with my colleagues. have no Medicare+Choice HMO option that I represent, 65 percent of our sen- This lady that handed me the letter offered to them. iors on Medicare do not have access to had been in the insurance business for All across this country seniors are any of these Medicare+Choice plans 19 years and she relates a story about receiving similar notices of cancella- that offer prescription drug coverage. her deceased mother. She says, ‘‘Dear tion. In fact, at last count there were What are we going to do for those when Congressman Turner: I am writing this over 900,000 seniors in this country that the Republican plan goes into effect?

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17173 Seniors in my district know what their makes sense to put it as a benefit As people get older, they use more Social Security check is down to the under the existing Medicare program and more prescription drugs. My col- penny. They know how much rent they rather than look at it as some sort of league was talking a little earlier pay and they know their other bills al- risk. Insurance companies are not about how many people use prescrip- most to the penny. What they need is a going to provide coverage when they tion drugs. Well, for seniors it is 85 per- specific defined prescription drug ben- know that every senior would actually cent. Eighty-five percent of all seniors efit. benefit and take advantage of the plan. take at least one prescription drug; and The Republican plan, the Bush plan, That is why these insurance policies many, as we know, take more than does not give them that. The Bush Re- were not sold in Nevada and why they one. publican plan only gives them more will never be sold anywhere else. My parents have their rows of pill questions. Seniors will not know how The second thing is that the Bush Re- bottles. And certainly the industry has much that plan costs them, seniors will publican plan is sort of a cruel hoax. done a great deal to extend people’s not know what it covers, and seniors The gentleman laid out that during the lives and to improve the quality of peo- certainly will not know how long it month or so that we were back in our ple’s lives. But the fact is that these will be there for them. districts and Congress was not in ses- medicines do no good for people who The Democratic plan is very simple. sion that he talked to real people, as cannot afford to take them and there We know how much it is going to cost. did I, and they are suffering. They are are millions and millions of Americans, We have already talked about the cost making choices; dividing pills, having at least 13 million seniors alone, who of the Democratic plan. It begins about to make choices between food and pre- simply have no coverage at all for their $24 a month and rises slightly over the scription drugs. When the gentleman prescription drugs. period of increased coverage. It covers went to a lot of the towns in his dis- It has got to be tough to be a Repub- 50 percent of the first $5,000 of prescrip- trict, he knew this was a real problem. lican these days because watching Gov- ernor Bush try to thread the needle, as tion drug cost and covers everything b 2115 above that, and it is a part of Medicare, the House Republicans did before, we I feel that what Governor Bush has see the same kind of exercise. On the not some insurance company plan that proposed is just something that is illu- may go away next year. That is the one hand, they want to sound like sory and is there to give the impression Democrats, they want to sound as if kind of security senior citizens want; that somehow he wants to address the that is the kind of security that senior they are reforming Medicare, they are problems that these real people have. providing a Medicare prescription drug citizens deserve. And he has really only come up with it The private insurance industry clear- benefit. But because they do not really in the last few weeks because AL GORE want to strengthen a government pro- ly has to try to make a profit. They are has been out there talking about the not in the business of providing a safe- gram, which is what, of course, Medi- Democratic machine and it has gotten care is, they have to figure out some ty net for our seniors. That is the ap- a positive response. So all of a sudden propriate role of government. We can- other way to do it. Governor Bush had to come up with It is so different from the private sec- not afford to abandon our seniors to something, knowing full well that it is tor because people who are employed those same HMOs that have been drop- not going to work. And I think that is and have their insurance through ping them all across the Nation to a real cruel hoax on these people that Aetna or Cigna or United or a Blue date. Our prescription drug benefit we have been seeing every day for the Cross plan may very well, and probably plan is universal, it is affordable, it is last month that are crying out for do in many cases, have prescription understandable, and it is voluntary. If some relief. drug coverage provided by the health there be any senior who chooses not to I want to yield to my colleague, the care carrier. sign up for the Medicare prescription gentleman from Maine (Mr. ALLEN). But the Republicans are completely drug benefit that we propose, they sim- Again, I know that he has been out adverse to having Medicare provide a ply will not have to pay the premium. there talking about the problem of prescription drug benefit just as those So our plan, I think, is the one that price discrimination because so many private sector plans do; and so they go seniors deserve, and I hope that we can seniors now that do not have coverage through all sorts of contortions to continue to push until this goal is ac- and have to buy prescription drugs at argue against the simplest, most cost- complished, hopefully in this Congress, the local pharmacy out of pocket pay effective, fairest system possible, but, if not, in the future I am confident significantly higher prices than those which is a Medicare prescription drug that we will prevail. who are in HMOs or some kind of an benefit. Mr. Speaker, I yield back to the gen- employer plan that is able to buy the I want to comment a little bit on the tleman from New Jersey. prescription drugs in bulk and nego- Bush plan because it is so much like Mr. PALLONE. Mr. Speaker, I want tiate a good price. what our friend on the Republican side to thank my colleague from Texas be- The thing that really bothered me threw up in this House some time ago. cause he really lays out the differences was the fact that, in laying out his The interesting thing about this between the Bush Republican plan and plan today, Governor Bush actually plan, among many interesting things, the Gore Democratic plan, but there criticized the Democratic plan, the is, first of all, he says we are going to were two things I just wanted to com- Gore plan, because it tried to address provide a subsidy of 25 percent for peo- ment on because I thought they were the issue of price discrimination that ple over the lowest income level, we so important. somehow even making this attempt are going to provide a subsidy of 25 per- First, the gentleman pointed out was a bad thing, and yet that is the cent of the premium. And so the logical that when he talked about these pri- biggest problem that seniors face right question to ask is, Well, how much is vate insurance-only policies that the now and everyone faces because of that the premium? Because then we will Bush Republican plan is relying on, price discrimination. know how much the subsidy is. And the they are assuming that there is going Mr. Speaker, I yield to the gentleman answer is, Well, there is no information to be a voucher of some sort that sen- from Maine (Mr. ALLEN). on that because the premium will be iors are going to be able to take with Mr. ALLEN. Mr. Speaker, I thank offered and chosen and decided by a set them and go to buy this private insur- the gentleman from New Jersey (Mr. of private insurance companies. And so ance policy for prescription drugs. It is PALLONE) for all his good work on this then the question is, Well, how much illusory. It is not going to happen. The issue and will begin by saying he is ab- will the deductible be? And there is no reason is very simple, which is that in- solutely right, people know that the answer to that because the deductible surance companies do not provide bene- amount they are spending on prescrip- will be decided by HMOs and other in- fits, they insure against risk. We know tion drugs is going up and up, that surance companies. that almost every senior is going to drugs themselves are getting more ex- Then there is the question of the have to use prescription drugs, so it pensive. copay and how much will the copay be.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17174 CONGRESSIONAL RECORD—HOUSE September 6, 2000 Same thing. There is no answer to any insurance companies are bureaucracies So we do not even have to take the of those questions. There are no de- in themselves, but they are much more word of Mr. Kahn. We have an example tails. And the reason is they cannot expensive and much more unfair and in a State where there is no policy of- abide the thought of strengthening much more unpredictable than Medi- fered. Medicare, they cannot abide the care. Mrs. THURMAN. Mr. Speaker, if the thought of really modernizing Medi- Mr. PALLONE. Mr. Speaker, I yield gentleman will continue to yield, I care. to the gentlewoman from Florida (Mrs. think one of the things that is signifi- When the Republicans talk about THURMAN). cant about the plan that is being of- modernizing Medicare, watch out. Be- Mrs. THURMAN. Mr. Speaker, after fered by the Democrats is that it is a cause they are not modernizing it. what Maine has done, which is kind of voluntary program. And, in fact, if peo- They are basically saying, we are going the leader in the country right now and ple want to stay in their HMOs and to reform it by transforming it; we are I think through the leadership that the those HMOs are not pulling out, we going to turn Medicare over to HMOs gentleman from Maine (Mr. ALLEN) has also provide about $25 billion to them and insurance companies and you will provided here in the House, they came to make sure that we strengthen those all be better off. back in their legislature with a very HMO Medicare Choice programs that Now, of course, it is true that when strong bill based on many of the stud- are available and that are left in this you look at the experience of HMOs in ies that we have done in our districts country. And I think that is an added Medicare now, they are leaving the about the cost of what has happened in advantage to what we are trying to do program. Seniors are being dropped all Canada and what has happened in Mex- in this whole debate is to never take across this country. And the coverage ico. something away from something, only is very uneven. For about somewhere But when we talk about these plans to add to those that have nothing. between 14 and 15 percent of seniors in with the insurance companies, I will Mr. PALLONE. Mr. Speaker, reclaim- this country, they get prescription say to my colleague, and I think that ing my time, I yield now to my col- drug coverage through a managed care many of us know this, is that in the league, the gentleman from Arkansas plan. But the number who get their Committee on Ways and Means, we ac- (Mr. BERRY), who again has been one of coverage that way are falling off. tually had the chairman of the insur- the main proponents of increasing In my home State of Maine, as of a ance industry and I asked him the health care access and addressing the month or two ago, there were a grand question, I said, Mr. Kahn, I said, do problem of prescription drugs and has total of 1,700 seniors who got their pre- you believe that insurance companies been working on these health care scription drugs through a Medicare will offer a stand-alone drug benefit? issues for some time. managed care plan. As of January 1, And do my colleagues know what his Mr. BERRY. Mr. Speaker, I thank my there will be none. We will have no answer was? No, absolutely not. They colleague, the gentleman from New Medicare managed care in Maine; have no interest in going into any of Jersey (Mr. PALLONE), for yielding me therefore, no way for seniors to get our districts to cover any of the folks, the time. He has done a great job in the prescription drug coverage through a whether they have been on HMOs or leadership of health care in this House, managed care company in my State. whether they are in a Medicare pro- and we appreciate what he has done. He There simply will be no way. gram stand-alone, a fee-for-service. has been at this longer than I have. Governor Bush, in presenting his They have no interest in this. The risk It is also nice to join my colleague, plan, and the Republicans in the House, is too high for them to take. And we the gentleman from Texas (Mr. TURN- in presenting their comparable plan know that insurance companies work ER), the gentleman from Maine (Mr. here some time ago, always said, We off of risk. And because the sickest ALLEN), and the gentlewoman from are going to leave it up to the con- would be the ones going into these pro- Florida (Mrs. THURMAN). I appreciate sumer. It is their choice. Well, it is not grams, they cannot afford to offer a their efforts on behalf of the American their choice if there is no plan to chose plan. people to see that our senior citizens from. So what my colleague is saying here have a decent prescription drug benefit And whose choice is it really? What is exactly right. It does not matter how with Medicare. they are really talking about when it much money we offer as far as a tax de- We stand here this evening the great- comes to choice is not the choice of the duction, and nobody has told me est Nation that has ever been in the consumers; it is the choice of the insur- whether or not they have a liability or history of the world. There has never ance companies. Because they are the no liability on their deductions, we do been another country that has the eco- ones who will decide the premiums, the not even know that part of it yet, even nomic, the military, and the political copays, the benefit levels. And those though it seems to be based just to power that this country does. And yet benefit levels, those premiums, those those that are the very low-income our senior citizens, many of them, mil- copays can change year after year after seniors. So my guess is that it would lions of them, are going to go to bed to- year. only be for those who have tax liabil- night and not have enough to eat or I have talked to a lot of seniors in ity; there is no plan out there. not have the medicine they need be- my district, and what they want and And we are hitting the same thing in cause our prescription drug manufac- what they need is stability and con- Florida. I mean, in one of the counties turers are simply robbing them of that. tinuity and predictability and equity. that I represent, in Hernando County, Medicare was even admitted to being They need to know that what they had we had 9,000 seniors dropped from two a success by Governor Bush yesterday, for a benefit last year will be there Medicare Choice programs. Two. These even knowing that the former speaker, next year and the year after and the people are afraid because there is no- Mr. Gingrich, and his colleagues in the year after, and they want to know if body there to pick up this prescription majority have vowed for years that there is a copay that it will be about drug benefit, and they do not know they would see Medicare wither on the the same year to year to year. And what they are going to do. vine, I believe is the way they put it. most of all, they want to know that the Mr. PALLONE. Mr. Speaker, reclaim- What we know, and we do not have to plan will be there. ing my time, what I said before in re- spend all of August in the First Con- That is what Medicare provides. sponse to what the gentlewoman said, gressional District of Arkansas to find Medicare provides a guaranteed benefit we had the example in Nevada that im- this out, we can go to any congres- that will be there year after year after plemented the Republican plan almost sional district in the country, this is a year. exactly what Mr. Bush and the Repub- real problem for real people; and it is All of my colleagues on the other licans in the House have proposed 6 causing real pain, and it is time that side who attack Medicare over and over months ago, and not one insurance we do something about it. again as a bureaucracy are ignoring company has offered to sell that kind As Congress takes the next month or the fact that the HMOs and the other of a policy. so to wrap up legislative business for

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17175 this year, there is simply no excuse for scription medicine at the same price as the low-income elderly. Now, five leaving seniors and the disabled with- every other country in the world and States have passed legislation to get out a reliable prescription drug benefit we pay two to three times as much in them to that place and there are a cou- under Medicare. this country. Their plan is based on the ple of other States trying innovative The Republican leadership has reluc- discredited theory that private insur- things, but when you look at the num- tantly been forced to put forward what ers will offer affordable prescription in- ber of people covered by these plans, they call a plan because of the over- surance if they are given enough gov- you are talking about somewhere be- whelming public outcry created by rap- ernment subsidies. But the HMOs and tween, in most cases, with the excep- idly escalating, outrageously profitable the insurance companies just simply tion of three States, somewhere be- prescription drug prices charged by say this will not work. tween 5,000 and, oh, roughly 50,000 peo- manufacturers. It is also unlikely that the country ple in the entire State. These programs Being forced to develop a plan, the will be able to pay for prescription are not working. They are not avail- best Republican leaders have been able drug coverage under Medicare because able. They would have to be created. to do is to listen to their friends in the the Republicans are continuing their Certainly Texas does not have any pharmaceutical industry. If they had attempts to squander any available form of low-income assistance for the traveled with any of us over August moneys on tax cuts that are dispropor- elderly, prescription drug insurance. and listened to the stories that we tionately benefitting the wealthy. The These plans are not able to pick up the heard, every one of us heard, and they American people want a prescription slack any time soon and if they did, are heartbreaking, these are people drug benefit for our seniors, and it is they would be misguided. that worked hard, played by the rules, time for this Congress and the next The fundamental problem is this: and thought they had made the right President to recognize the tremendous Medicare is a Federal health care plan. decisions to provide for their senior need that our seniors have and do the Republicans do not like that. They do years. right thing and pass a legitimate pre- not like the plan, but Medicare is a Federal health care plan. It works. It is b 2130 scription drug benefit for Medicare. Mr. PALLONE. I want to thank the cost efficient. Its administrative costs They would know that we have got to gentleman. Certainly he speaks the run about 3 percent a year. When you do something about this problem, and truth about what we are facing and turn to the private insurance industry it is time to have a prescription drug how the Bush Republican plan does not after all the administrative costs and benefit for Medicare. The Democratic address the problems that we were the overhead and those executive sala- plan will use the purchasing power of hearing about during the August re- ries, you are talking about 30 percent a our seniors covered by Medicare to ne- cess. year. And they are picking and choos- gotiate large discounts from drug mak- I yield to the gentleman from Maine. ing among the people they want to ers. I believe Governor Bush said yes- Mr. ALLEN. I thank the gentleman cover. So the fundamental fact is that terday that that would be a dangerous for yielding. I do not think that anyone if we are going to have a cost effective thing to do. It might actually reduce says it better than the gentleman from system, it is going to be through Medi- by a little bit the outrageous profits of Arkansas (Mr. BERRY). He is a phar- care. If we are going to have a fair sys- these drug companies. They might ac- macist himself. He knows what he is tem that covers everyone, it is going to tually even have to cut back on some talking about when it comes to the be through Medicare. If we are going to of the tremendous salaries that they things that people are going through. have a system where people can predict pay the people that run these compa- I wanted to come back for a moment their premiums, their copays, their de- nies, and that would be too bad to cut and talk about one part of the Bush ductible from year to year to year to some of those folks back under maybe plan that was announced yesterday or year, it is going to be through Medi- $100 million a year. the day before and that strikes me as care. It is simply wrong to take this The Republican plan is a cynical completely unrealistic. What he is say- issue that is just really doing enor- game being played with our seniors’ ing is we are going to provide $48 bil- mous damage to our seniors now, peo- health, a shameful attempt to deceive lion over 4 years in terms of grants to ple who cannot afford their prescrip- our seniors. They have proposed a large the States in order to provide imme- tion drugs and their food and their rent first step toward privatizing Medicare diate relief for seniors who need help. and basically to say to them that we and forcing our seniors to deal with There are several points to be made. have got to wait until we can trans- private insurance companies to get the The first point. The fact is that the form Medicare by turning it over to care and the prescription drugs that people who are suffering the most are HMOs and insurance companies and they need. The insurance companies not necessarily those with the lowest then if we give them enough money, say they do not want it. They do not income. They are the people with the maybe they will give you prescription want anything to do with it. That is highest prescription drug cost. I was drug insurance. It is pathetic. why we have to have Medicare. Medi- talking to a man up in Waterville not Mr. PALLONE. I agree. Just one care is a success. so long ago, Waterville, Maine, who minute and then I want to yield to the You can ask the Republicans, ‘‘What had owned his own garage, his own gentleman from Texas here because he does it cover?’’ And they will tell you, auto repair business, he and his wife has been waiting. When I had my sen- ‘‘Well, we don’t know.’’ Then you can were now retired but they were not ior forums in August in New Jersey, say, ‘‘How much does it pay?’’ And quite 65 and they had a little bit of cov- the people that came were the people they will say, ‘‘We don’t know.’’ Then erage for their prescription drugs that that could not take advantage of the you can say, ‘‘What are the pre- they would lose when they hit 65. His existing State program in New Jersey. miums?’’ And they will say, ‘‘We don’t wife’s expenses and his together were Let us face it, if you are below a cer- know.’’ They do not want to see drug already running at $1,000 a month. He tain income, very low, then you have companies’ exorbitant profits damaged. was terrified as to what would happen Medicaid and you have prescription That is what the interest is in the plan to him when he hit 65, he lost his cov- drug coverage, not maybe as all inclu- that Governor Bush put forward yester- erage, there is no coverage under Medi- sive as we would like but something. day, that, and continuing to try to de- care and he knew he would be in great In New Jersey, we have a program fi- stroy Medicare as we know it. trouble. So there is one problem. Peo- nanced with casino revenue money Their plan only provides subsidies to ple all up and down the senior income from Atlantic City that pays for people their insurance companies, the donors ladder have difficulty paying for their just above that. But that program in- and the pharmaceutical companies’ prescription drugs. creasingly is running out of money be- profits rather than giving any direct The second problem is this: There are cause the revenues are not keeping up assistance to our seniors. It does noth- only 16 plans, 16 States in the country with the cost of all these drugs. But ing to see that Americans can buy pre- which have functioning programs for the people that came to my forums,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17176 CONGRESSIONAL RECORD—HOUSE September 6, 2000 and my district is not an affluent dis- Medicare+Choice plan is going to be need a prescription drug benefit to go trict, it is about middle of the road, canceled. along with it. I just simply do not un- middle income, most of the people were Medicare is a good program. It has derstand why Governor Bush and the not eligible for either of those pro- served us well since 1965 and there is Republicans are so determined to de- grams. That is the rub. It is those peo- absolutely no reason to abandon it. We stroy it. Why would they want to do ple, it is the middle class that do not need to pass the Democratic plan. It is that to our seniors when we know this have the benefit. the plan that seniors can understand is the only way we can provide decent What I wanted to say, what you were and that they need. health care protection for our senior talking about specifically is that it is Mr. PALLONE. We have about 4 min- citizens, and it is absolutely a mystery funny, I heard Governor Bush keep utes, so I would like to split the time to me why they would engage in this talking about choice, how the Repub- between my colleague from Florida and attempt, this shameful attempt, to de- licans were going to give choice. There my colleague from Arkansas. stroy Medicare that has been such a is no question there is more choice in I will start with my colleague from wonderful thing, and will continue to our plan. It is a voluntary plan. You do Florida. be if we add a prescription drug benefit not have to sign up for part D if you do Mrs. THURMAN. As we are in an era to it. not want to. If you want to keep your of when we are talking about surpluses Mr. PALLONE. Mr. Speaker, I want State prescription drug plan, you can if and times of when things are fairly to thank everyone for participating in you are a certain income. If you have good, things may not always be this this tonight and make the point that an employer-based retirement plan and good. One of the things that we have to this is our first day back in session, but you want to keep it, if you want to go remember is that it is our job to pro- we are going to keep at this. We are to an HMO, you can keep it. The bot- tect Medicare and the solvency of that going to keep demanding that the Re- tom line is everybody is guaranteed the trust fund. Quite frankly, one of the publicans take action and that the Re- coverage under Medicare. That is what things that I see in this debate that publican leadership allow the Demo- is so beautiful about the Gore Demo- gets forgotten is that under Medicare cratic proposal to be considered and cratic plan and so different from what today, we pay for prescription drugs as that we pass a prescription drug pro- Bush and the Republicans are pro- they are needed in the hospitals. When gram under Medicare that really is posing. we bring somebody in to stabilize meaningful because that is what the I yield to the gentleman from Texas. them, we provide them with those people need. It has to be addressed. It Mr. TURNER. I just want to say medicines. But when we let them out of should be addressed between now and when I heard the gentleman from the hospital and they walk into that when we adjourn, not next year. Maine (Mr. ALLEN) talking about the pharmacy and all of a sudden they are f issue that it is so very true that pri- told that what they had to have in the vate insurance companies are not the hospital now just costs them $400 a DEATH TAX answer, and I think our senior citizens month and they cannot pay that and The SPEAKER pro tempore (Mr. understand that. I think they under- they have to make that decision of SCARBOROUGH). Under the Speaker’s an- stand full well that Medicare works, it what drug they take that month or nounced policy of January 6, 1999, the has served them well, and the seniors that week or that day as versus what- gentleman from Colorado (Mr. that I talked to in August who had re- ever other expenses they might have, MCINNIS) is recognized for 60 minutes. ceived these notices of cancellation, we are also costing this system mil- Mr. MCINNIS. Mr. Speaker, good seniors that had signed up for these lions of dollars every day because we evening colleagues. Medicare+Choice plans simply because let them out of the hospital after we I note that I am kind of outnumbered they offered them some prescription have stabilized them and then we, 2 here five to one. The gentlewoman drug coverage in addition to the reg- months later, find them back in the from Florida (Mrs. THURMAN), whom we ular Medicare coverage, those seniors same situation as we left them before. just heard, said we have had a good de- understand that you cannot count on And we are thinking to ourselves, we bate here. I wish that my colleagues private insurance, and it is just as the want to make the solvency of the Medi- would understand that we have only gentleman from Arkansas (Mr. BERRY) care program, we want to continue the heard one side of the debate. In fact, said a minute ago, the Republican plan program. The only thing we can do, what we have heard are five individuals offered by Governor Bush does not as- contrary to whatever anybody else who are highly, in my opinion, speak- sure any senior what it is going to cost says is, this has got to be a Medicare ing the partisan tone and presenting them, does not guarantee them what it program. It has got to be done under one side of the case. is going to cover, does not tell them the Medicare program. It is good for Now, my remarks tonight really are what the deductibles are, and it cer- the solvency and it is good for the pa- going to center on the death tax, but I tainly does not promise them that it is tient. cannot go without at least rebutting going to be there because, as we have I think we really have to take all of some of the comments that were made. learned, these HMOs can pull out any these things into account. I would love I refer to the gentleman from Arkansas time they want to. Our plan is under- to talk to my pharmacist, the gen- (Mr. BERRY), the pharmacist. This is a standable. We have already laid out the tleman from Arkansas (Mr. BERRY), closest I have ever come, colleagues, to cost to seniors. It is going to be avail- and thank all of us for being here to- asking that the words be stricken from able to everybody on a volunteer basis. night. This is a good debate and it the RECORD after I listened to the gen- Seniors can get the prescription drug needs to be had in this country. tleman from Arkansas over here. their doctor prescribes. And they are Mr. PALLONE. I yield to the gen- This gentleman from Arkansas (Mr. going to know that it will be there, not tleman from Arkansas. BERRY), the pharmacist, in my opinion, just today but tomorrow as well. Mr. BERRY. Like many of you, I has totally mislead the public when he Now, that is what our seniors need. know that many of you have held pub- says that the Republicans or the Demo- The choice that Governor Bush was lic forums and senior meetings and all crats or any elected politician wants to talking about is a choice of confusion. of those things over and over again, do away with Medicare. It is exactly He is saying that private insurance into the hundreds. I hear a lot of criti- what the gentleman said, that the Re- companies are going to be offering all cism about a lot of things, about the publicans want to do away with Medi- kinds of plans and you can just choose government. We all do. I have never care. the one you want. The truth is, that is had anyone tell me, ‘‘You ought to do Now, tell me, colleagues, tell me one a false promise. It has not worked in away with Medicare.’’ I do not under- elected official on this House floor, Medicare+Choice with over 900,000 sen- stand. Our seniors like Medicare. It is a Democrat, Republican, eastern, west- iors in this country receiving a notice good program. It works. It is success- ern, northern, southern, show me one that as of December 31 their ful. It is what they need. They just elected Congressman that wants to do

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17177 away with Medicare. That is about the I intend to do here in a few minutes not a county commissioner, not a city grossest misrepresentation that I have talking about the death tax and talk councilman, not a governor, not any- heard on the RECORD on Special Orders. about the pluses and the minuses, talk where in the country that wants to de- I want to continue to go on. I mean, about the details of it, talk about the stroy Medicare; and using that kind of the only way that we are going to be fine print. fear tactic on our senior citizens is un- able to help the senior citizens of this I saw an excellent article today, I justified. country and not, by the way, just the pulled it out of the newspaper, The Constructive criticism is welcome. senior citizens but a lot of other people Washington Post, it says 12 questions That is exactly what this House floor is who also face high prescription serv- to ask about the proposals of AL GORE. for, constructive criticism. But to ices, is to work as a team, and not to ‘‘If the projected budget surpluses on come up here and patently mislead, in develop highly partisan comments late which you are basing your spending my opinion, is very unfortunate, and at night, late into the hour when most plans do not materialize or come up that is really frankly what gives people of our colleagues are off the floor, not short, which promises will you put on kind of a bad taste in their mouth to use the tactics of fear, which seem hold? about politics in this country. to be the tactics that some of these The reason I bring these questions up Let me move on to something which previous speakers have used: the senior to my colleagues on the Democratic I intended to speak about the entire citizens are going to be trashed, the side is, look, I realize that it is an elec- time. My wife and I have faced it, senior citizens Medicare program is tion season, it is the time for promises. many of our young people in this coun- going to be destroyed by the Repub- It is almost if you are a teacher telling try, the young people, I am talking licans, all the Republicans care about all your kids whatever wishes you want about the people in their 20s, the peo- are the pharmaceuticals. to come true, I will grant them, just as ple that are going to college for an edu- We can sure tell we are about to long as I get my contract renewed. cation, the young people of our country come up to a national election, can we Look, somewhere you are going to that have dreams, I am talking about not? That is not how we are going to have to face these voters and you are the next generation in their mid-40s resolve this problem, and you know it going to have to tell them how you are such as myself. That generation has going to pay for this. If you want to is not how we are going to resolve this been able to realize a part of their talk about socialized medicine, talk problem, so do my colleagues that have dreams, and then I am talking about about it as socialized medicine, be up- conveniently just left the House floor. the generation ahead of me that have front with our constituents. They are What team do they want to be on? Do realized their dreams, but their biggest not dummies. In fact, they elected us they want to be on a team that really dream is to see what they can do for to come back up here so we will speak can go out and help people with high the generation that is behind them or frankly to them, so that we will talk to prescription medical services or pre- the generations that are behind them. them. This is what it is going to cost I cannot think of a more funda- scriptions? you. mental question in front of all of us to Mr. PALLONE. Would the gentleman Take a look at your tallies. Just in decide whose team you are on then to yield? today’s Washington Post, GORE prom- vote tomorrow. The vote we have on Mr. MCINNIS. The gentleman had 1 ises another $300 billion, the Medicare this House floor tomorrow is a vote to hour totally unrebutted, and I intend program, the pharmaceutical program. override the Presidential veto on our to rebut it with the next hour. Some of these are needs that we have bill that passed this House. By the way, Mr. Speaker, I have control of the to address. But as we begin to address I think it was 65 Democrats. So some of floor. I have control of the House. them and as we begin to critique other the Democrats, not the leadership, but Mrs. THURMAN. The gentleman does people’s programs, we ought to keep a some of the mainstream Democrats not want to debate. little cost tally on the right-hand side more conservative Democrats crossed Mr. MCINNIS. Mr. Speaker, I say to to see if we can afford them. the party aisle and voted to eliminate the gentlewoman I love to have a de- It is kind of like going to the car the death tax. bate that is not one sided. That is why dealership and saying all right I prom- The President, by the way, this year I am taking time away from the death ised my son this car and I promised my in his budget did not call for elimi- tax, which I intend to talk about. daughter this car, my other daughter nation of the death tax, did not call for Mr. PALLONE. Mr. Speaker, does the this car, my other son this car and my the status quo of the death tax, in gentleman from Colorado want to hear wife promised me this car, and I prom- other words, keep the death tax abso- from us? I am just asking. ised her that car. At some point the lutely the same. Instead, the President SPEAKER pro tempore. The gen- salesman is going to stop and say, Con- this year in his budget which was sub- tleman from Colorado has the hour. gressman MCINNIS, can you afford what mitted to this Congress actually in- Mr. MCINNIS. Mr. Speaker, the key you are promising all of this family? creases the death tax by $9.5 billion. here is my colleagues can come across Are you really serious? Are you really Again, the President does not elimi- the party aisle, Democrats and Repub- going to deliver the money to provide nate the death tax. The President does licans come across the party aisle, these cars for your four, five children not keep the death tax neutral. The George W. Bush ought not to be criti- and your wife and your wife for you, or President increases the tax by $9.5 bil- cized in the late hour of the House of are you just talking? Are you just try- lion. No wonder he vetoed this House of Representatives by a very partisan ing to get me excited as a salesman? Representatives’ and the U.S. Senate’s team who are out strictly to destroy I am afraid that is what the previous proposal to eliminate the death tax. any kind of proposal that George W. hour just did. It is an effort to get peo- Tomorrow, every one of us is going to Bush comes up with. Now look, my col- ple excited about this upcoming elec- have an opportunity to cast our vote leagues may not agree with everything tion by giving them, in my opinion, on that tally board up there as to that George W. Bush says, but is the distorted and inaccurate information. whether or not we think fundamentally whole concept, every line of it intended That is pretty strong terminology, but the death tax is a fair tax to have in to destroy Medicare? Of course it is do you think that the gentleman who this system. not. It is just the same as GORE and is a pharmacist, the gentleman from Now, I have heard on the August re- Clinton, they have come up with some Arkansas (Mr. BERRY), the Congress- cess, I heard some of the rhetoric com- ideas. But should my colleagues just in man here, can fairly stand up in front ing out to justify a death tax in this blank say because it was GORE or be- of my colleagues and say that George country: Well, it is only for the cause it was Clinton that it ought to be W. Bush’s plan and the Republican plan wealthy; well, it is only just for a few destroyed? No. their whole intent is to destroy Medi- people in this country. Well, it is self- I think my colleagues owe it to the care? Give me a break. ish for you to think of doing away with people that we are elected to represent, As I said earlier, there is nobody on the death tax. Every one of those de- to go on a very constructive fashion, as this floor, nobody in an elected office, fenses, every one of those items of

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17178 CONGRESSIONAL RECORD—HOUSE September 6, 2000 rhetoric avoids the basic question, and What happens here? Here is property get them on their death. Let us get the basic question is should a govern- that is already taxed. It gets taxed that money back into the hands of the ment based, as a democratic govern- when your grandfather died. Your people. ment of the United States is based, grandfather, let us say, was fortunate Let me tell you what happens to a should it have a tax based simply on enough to be able to pass some of it on small community, and I will give you the event of a death? to your father, and when your father an example. Take a small community It is not based on what you have dies, this same property that was al- in any State. I live in Colorado, so take earned. It is not an income tax. It is ready taxed 30 years ago gets taxed a small community in the Third Con- not based on a Social Security-type of again, generation after generation. In gressional District of the State of Colo- tax. It is not based on a you-sell-some- other words, every generation that rado. Let us say that we have an indi- land-for-a-huge-profit, a capital-gains comes on to the farm, one of their vidual there who is a young person in type of tax. This tax is based strictly highest priorities is not how do you their twenties, and I know many of on the event of your death; that is the grow better potatoes, how do we get them, and so do you, colleagues, who only justification for that tax. You more production out of our cattle, how had big dreams. As they worked died, the Government gets to tax you. do we grow better wheat, how do we do through life, through a lot of hard By the way, take a look at how this this or do that better? work, through a lot of risk by the way, goes. Let us give you an idea who a lot of risk, they took risks, through b 2200 qualifies for this. Let us say you are a a lot of risks they built a successful rancher or a farmer, and I was ap- The first question of this generation business in this small town. By the palled, by the way, when I was driving of young people that want to go into way, my story is based on facts. It hap- in a car in my district out there in Col- small business or want to go into a pened in a small community in South- orado listening to the newscast about farming operations their first question western Colorado. President Clinton vetoing this death is, Gosh, how do I make enough money Then they are successful in this busi- tax, and I was appalled to hear some to pay for the day when mom or dad ness, and, unfortunately, they meet an professor, I do not know where he came die and I have to pay for the estate tax untimely death, or even if they died in from, but some professor say, well, or I get kicked off the farm? the normal course of things. What hap- there has never been a family farm in That is the wrong place. The United pens to the risk and to the business America lost because of the death tax. States of America should not be the that they built up in that small com- I about drove off the road. I feel like country where the first question you munity? getting that person, that professor, ask is how do I pay the government Here is what happens. If you have a getting him out of the ivory tower, taxes for the event of death? In our business in a community, a successful grabbing him by his necktie and say country, the reason we are such a great individual, in this particular case that why could you not come out to the country is because the first question in I am thinking of it was a man and wife rural parts of this country and see history we have always asked is how team, they own a construction com- what this death tax does to us. Take a can we do it better? What can we do to pany, they built it up from scratch. look at the impacts to the community increase proficiency on this farm or They started out, they worked 16 hour and take a look at the impacts genera- proficiency in this small business? days for most of their life. Up until the tion after generation. Well, tomorrow we are going to get a day probably about 3 weeks before his You know what it takes to qualify? chance, and the American public, col- death, he was going to the office to Let us say a young person, they are 20 leagues, are going to see where you are, work, and what happened is while they years old, 25 years old, they just get which side of the team you are on. Ei- were successful in this community, and out of college or they just get out of ther you want a death tax, either you they had many years of success, they some type of technical school and they support the government being able to provided funding for the local church, want to start a construction company; go to every citizen in this country who 80 percent of the budget. They provided and let us say they buy on credit, they has been successful and qualifies. What the majority of funding for things like buy a truck, they buy a bulldozer, they you are supporting tomorrow if you do charities. They provided more jobs buy a backhoe and maybe they buy not vote to override Clinton, in other than any other employer in town. They some other type of equipment, say a words if you go along with Clinton, provided more opportunity in this cable layer or maybe a smaller type of what you are supporting is a tax on the small community from an economic piece of equipment. The day they pay event of death that is punitive. standpoint than any other employer in those pieces of equipment off, more Those of us, and I stand here very town. likely than not, they will be in that proudly to tell you I am going to be Well, what happened upon their bracket that the President calls the one of the first votes to cast an over- death? What happened upon their death special privileged. ride on the presidential veto, those of was no more support in the local com- How about for farming? If you own a us, and I am confident we will pass it munity. Instead, what happens with tractor, a combine and a few cows and out of here, with Democrats across the the death tax is that success of that in- your pickup truck, watch out, because party aisle, those of us who vote to dividual, sure, that individual was you are now in the category of what eliminate the death tax stand on the wealthy by most of our standards, but the President and the Secretary of other side of the team. what happens is they take the money Treasury called the elite few, only I have listened to some arguments, from that individual’s estate, they do those 2 percent. Not only that, as I some other rhetoric that has come up, not leave it in the community and say, started to point out earlier, let us say but before I get into that, let me point look, we are going to require that the that you have an estate that is hit by out something else. The rhetoric has as estate continue to distribute into this the death tax, and you pay the taxes on its base a focus on the 2 or 3 or 4 or 5 community, the monies to the local that. So you pay them here. Let us say or 6 percent of the people impacted by church or to the local United Way. No. your father or your grandfather paid the estate tax. Now, remember the What happens is the government for that in 1970, then that same piece of death tax, and I should correctly call it takes the money and transfers it out of property, although it has already been the death tax, not estate tax, the death your community, any community USA, taxed, and by the way, almost all of tax, got its beginnings in the early takes it out of your community and the death tax is a tax on property that 1900s. It was a way to go get the robber transfers it to Washington, DC, where a has already been taxed. You already barons, to go after who they alleged to government bureaucracy takes those paid income tax on it. You already paid be the robber barons, to go after the dollars and redistributes those dollars capital gains on it. You already paid Carnegies, to go after the Rockefellers, throughout the bureaucracy. any other type of tax, with the excep- to go after those type of families. That The money that the government tion of some IRAs. is why that tax was devised. Hey, let us takes in these death tax cases does not

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17179 stay in your local community. That is Now, do not be kidded when people This letter, dated August 28, 2000, what rubs me wrong. Look, I do not tell you, well, this is one of the tax ‘‘My grandparents purchased land on think it is right that you go after cuts, those big tax cuts, and we just the east side of Lake Washington somebody because they have been suc- cannot afford tax cuts right now. Well, across from Seattle in 1932. People cessful and they have made some that is an argument for another day. thought they were crazy. It was a very money. I mean, that is the American But the reality of it is the death tax long trip to anywhere, but they were way. But I have got a lot more sym- generates very little tax income rev- school teachers, just back from helping pathy for the community, which gets enue for this country, and you know it build an orphanage in Alaska, and they that money sucked out of their com- and I know it. liked the more rural lifestyle along the munity, and that money is transferred By the time you are done admin- waterfront next to the duck hunters’ to Washington, DC. That is where it is istering it, and by the way, the cabin. unfair. wealthiest families, including I would ‘‘They salvaged old bricks from a I have gotten a number of different guess the people in the administration, road that was being torn up, they letters and correspondence. I want to once the administration’s job is over in chipped off the mortar and they built give you some real live examples. January, I would guess that most of themselves a home. A few years ago Let me clarify a couple of things those, including the Secretary of grandma died and left the house and first. First of all, as I said earlier at Treasury and the President himself, the land and some stocks and bonds to the beginning of my comments, my will go on to very successful and lucra- my dad, who was 68 years old at the wife and I, our big dream in life, and tive business careers, and I will bet you time. It was quite a windfall, because my wife’s name is Lori, our big dream money, I will bet the finest dinner in that lakeside lot is now worth more in life was not have a big house, not to Washington to anyone in here, that in than $1 million, even though the house a couple of years the President and the have a big boat, although we would is very old and in need of new basic Secretary of Treasury and all the other like to have those things. But the fact plumbing, wiring, et cetera. is we have to list priorities. We did not members of his administration who are ‘‘My dad and his wife plan to live spend a lot of money on other things voting to keep this death tax in place there. Times have been tough and they like recreational equipment and will have gone out and secured the have no home of their own. The ques- services of professional tax attorneys things, and have no objection to those tion became one of economics: Would and CPAs and trust attorneys so they who do. But our focus was we really there be enough inheritance to pay the can avoid or minimize any kind of pay- wanted to put money away so that our estate or the death tax bought selling ment that they themselves say is a jus- kids would at least get a chance at that lot that had been in the family, tified death tax. maybe owning a house some day. This is nothing but a punishment. that they had started from scratch?’’ We are not wealthy. My wife and I do Just like many young couples today. This tax is a punishment for success in not come from a lot of wealth. But, es- our country. How can you look at our This letter reflects 40 years from now if pecially early in our marriage, we put young people and say we want you to we have this death tax in place what a money aside. Every time we got a spare be successful, we want you to work lot of our young people today that are penny, we did not put it in a payment hard, and part of your responsibility, setting out to have their dreams, and for a new car, we did not remodel our although it seems to be inherent and this same kind of letter will apply to house, we put our money in invest- human nature, part of your responsi- those people if we do not do something ments so that some day our children bility is to provide for your children; about it. when they got married and were start- but, by the way, if you are too success- ‘‘Good news. They got to keep the ing their young families could maybe ful, or if you provide for your children house. Now it is my worry. Some day I have a down payment or maybe own a a little too much, like giving them an will inherit my grandparents’ home- home. That was our dream. opportunity to come on the family stead, but I cannot imagine how we You know what, I do not think it is farm, we will punish you and we will will be able to keep it in the family if a unique dream. I do not think it is a destroy you, if that is what is nec- we have to pay death taxes. The burden dream just limited to my wife and I. I essary, to take the money that we fig- of this tax would force us to sell. Sure, think it is a dream that most of us on ure you owe the government, because we would be wealthy if we decided to this House floor and most of the people you died and we are going to transfer sell the old house to condominium de- that we represent also dream of, what that money out to Washington, DC. velopers, but we would be more inter- can we do for our kids? Now, you may think that I am just ested in preserving the place of family I know of no higher priority for a up here talking about hypothetical sit- picnics, swims on hot summer days, family than their children, and one of uations. The fact is I am not. I am and green beans fresh from the garden. the focuses of planning for the future going to spend the next few minutes ‘‘Our family is not amongst the rich. of your children is economic, and one giving you some real live stories. We are middle class Americans, and we of the economic factors is you want to Headline, Daily Sentinel, great news- are proud of it. We believe in family try and give them some kind of oppor- paper, Grand Junction, Colorado. heritage and in our country. But why tunity, to either take over the family ‘‘Owner sells Brookhart’s in Grand would our country want to take away farm, or get a start in the family busi- Junction and in Montrose to a com- the heritage that my grandparents ness, or, as in my wife and my case, be- pany in Dallas. The pressure of estate built one brick at a time?’’ cause we do not own a business, to at taxes,’’ death taxes, ‘‘has forced the Be a hero do it for the country. Vote least have a little money for a down owner of Brookhart’s Building Centers to override that veto that we vote on payment on a home. in Mason and Montrose Counties to sell tomorrow. That is the dream that can be to a Dallas lumber company, a Let me mention one other thing. In trashed by your own government. Who Brookhart’s official said today. Colorado, I am very proud of the State would have ever imagined our fore- Brookhart’s owner of Colorado Springs of Colorado. Obviously I am exceed- fathers when they wrote that Constitu- said it is one of the hardest decisions ingly proud of my district, the Third tion and when they talked about taxes his family has made in 52 years of busi- Congressional District. Basically the in that Constitution, that the govern- ness. Watts said the current Federal es- Third Congressional District covers al- ment would tax the event of death, tate taxes forced his father to make most all of the mountains in Colorado. and, furthermore, they would take that this sale. In order to protect our fam- It is a district geographically that is tax from the local community where- ily, in order to protect our current em- larger than the State of Florida, and upon the death occurred and the person ployees, from a forced liquidation upon we have lots of discovery in that area. resided and transfer it to the Nation’s the death of my father or my mother, A lot of people have discovered how Capital to feed a very, very hungry bu- we felt the best thing would be now to beautiful Colorado is. So we have a lot reaucracy? sell this company.’’ of people that are moving into our

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17180 CONGRESSIONAL RECORD—HOUSE September 6, 2000 State. We have a lot of threat to open ‘‘My father’s death was the most dev- family. The death tax will force us to space, open space we never thought astating event that any of us could sell the ranch to a wealthy absentee would be threatened by development of have ever gone through. The second owner who is unlikely to run cattle or condominiums and so on. most devastating event was sitting keep the workers employed, or con- Do you know what is forcing a lot of down with the attorney after his death. tribute to the community in a way that development, to those of you to- I will never forget those attorney’s such as my mother and my father and morrow who are going to support the words, and I quote, ‘There is no way my grandfather have done. President in keeping the death tax and you can keep this place, absolutely no ‘‘Surely if Congress does not provide imposing the death tax, and that is way.’ Still in shock from the accident, relief from this tax many other fami- what your vote tomorrow will be, you I said, ‘How can this be? We own this lies will suffer a similar fate. Ulti- will be imposing the death tax on the land. We have no debt on the land. We mately, I wonder if towns like Mackee American people? You are directly re- have just lost my father, and now we as we know it today will continue to sponsible, in my opinion, for the devel- are going to lose our ranch, too?’ ’’ exist. I urge you to ask yourselves,’’ opment of much open space in Colo- Our attorney proceeded to pencil out and I think this is a very pertinent rado, because those family farms and the death taxes that would be due after paragraph, ‘‘I urge you to ask your- ranches cannot afford to keep that my mother’s death, and we all sat in selves, why does this tax exist? Is it open space open if in fact they get hit total shock. It had taken my grand- worth the great harm it has caused to with the death tax. father and my father their entire life- my family and many others like us? If b 2215 times to build up the ranch and now we it is not worth the harm, then the tax shouldn’t exist. I hope you will do ev- They have to sell it, and they are can’t continue on, and the grand- children will not have the land and the erything in your power to eliminate smart to sell it as soon as they can to the Federal death tax.’’ try to avoid and minimize this death rich heritage that it provides. ‘‘It has been 31⁄2 years since my fa- I have got example after example. I tax. have a couple more here I want to talk So for our environment, for our envi- ther’s accident. We still don’t know what we are going to do. We only know to the Members about. But I think the ronment this death tax is damaging, message is clear: What are we doing and this leads me to other letters. we will not be able to keep the ranch unless something is done with the es- here in America taxing death? Why do My name, and I will leave that out. we look at death as a taxable event? ‘‘My family lives in a central part of tate tax. ‘‘The same scenario is happening to The Democrat leadership justifies Idaho. Our family’s cattle ranch is 45 this tax by saying, We are only going miles from Sun Valley. The ranch con- many ranchers in our valley. Eighty percent of the ranches have been owned after the wealthy. How can they justify sists of 2,600 deeded acres, 700 head of going after anybody based on the fact cattle. My youngest brother Ross lives by the same families for two or three generations. The value of the land on of an untimely death? with and manages the ranch with my I should note how interesting it is. It these ranches has risen dramatically in mother. is kind of like the people here on this the last 5 years. All of these ranchers ‘‘Although I am still involved in the floor who talk about public schools and ranch, my husband and I also operate a live on modest incomes, and most of how good public schools are, and op- small business in Ketchum. My two them can barely educate their children pose any kind of choice. But my under- brothers, my sister, and I all grew up off those incomes. I am certain none of standing is there is not one of us on working alongside my father, my them will be able to pay the death this House floor, there is not one of us mother, and my grandfather. We tax.’’ on this House floor who send their kids worked weekends, we worked holidays, At the same time while I am reading to public schools in Washington, D.C. and we worked summer breaks. We this letter, keep in mind that the They are all in private schools or other moved cattle, we rode the range, and Treasury, the Secretary of Treasury, schools, but not the public schools in we fixed the fences. calls it an act of selfishness to do away Washington, D.C. ‘‘We didn’t have a lot of material with this death tax. The President, the It seems somewhat hypocritical. The things. We didn’t have a lot of material administration, this year proposed not same thing here. There are a lot of peo- things, but we had our family. We had only not doing away with it, as I men- ple who support the death tax because our land and we had our lifestyle. tioned earlier, not keeping it the same, they figured out a way around it, but ‘‘On October 5, 1993, my father was but increasing it $9 billion. the fundamental question comes back, accidentally killed when his clothing ‘‘This community will not be able to and I think it is presented by these let- got caught in farm machinery. He was survive without the ranching commu- ters, what right do we have as Con- 71 and he was very healthy. He worked nity that has made it. What is hap- gressmen of the United States, what from dawn to dusk, and he loved the pening is these ranches are being right does the government have to go land, and he loved his family. We were bought by wealthy absentee owners upon its citizens and tax them because always a very close-knit family. The who do not run cattle and who fly in one of the citizens has died, and to tear hub of our family was my father and only once or twice a year. It has al- apart family farms and ranches? the ranch. ready happened to two neighboring That professor from that ivory tower ‘‘Even though my brother, my sister, ranches. Both of the owners, both sec- that commented and supported Presi- and I don’t live there anymore, we all ond generations, were killed in acci- dent Clinton’s veto of the death tax, go home, along with the grandchildren, dents. Their families could not pay the who said there has never been a family to help with the seasonal work. My death taxes and sold the ranches to farm in America that has been liq- daughter and I take as much time off wealthy Southern Californians. uidated or destroyed by the death tax, in the summer as we can and we work ‘‘I have heard it said before that the that person was born with blinders on. at our summer cow camp moving cat- death tax exists to redistribute wealth, I would be happy, and in fact, I would tle. My mother puts on a lot of church to take from the rich, presumably to give that professor frequent flier miles and community picnics and barbecues benefit others less fortunate. Let me to fly to Colorado and let us go visit down by the swimming hole. tell you, from where I stand now I these. Let us go up to Idaho, sit down ‘‘Every June our family enters the know that this tax accomplishes ex- and talk with that family, Mr. Pro- local parade with a float representing actly the opposite. For my family, the fessor. Mr. President, let us get on Air our ranch.’’ That shows a lot of pride. tax means we will not be able to con- Force One. He took it to Africa, why ‘‘All of the other ranchers and families tinue running the ranch that has been does he not take it to Idaho? Why does in the Valley do the same exact thing. our heritage for 60 years. he not go talk to some of these people Last year, the theme for the parade ‘‘This Congress says it is pro-family. and ask them what the death tax is was the heritage ranching, mining, and However, I know from personal experi- doing to their families, and the herit- logging. ence that the current death tax is anti- age of their families?

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17181 The President can use that Air Force rent location, east of Fort Morgan. The b 2230 one for a little domestic travel. Give it business grew into a grocery store and By the way, not a lot of countries in a try. It is very moving. a lawn and garden center. My father, the world exercise this type of tax pol- Here is another one, Derrick Roberts. Vic Edward, is 80 years old and in very icy, but the United States does. This was a letter to the editor we got. poor health. In Aspen, there are a lot of tales to ‘‘My family has ranched in northern ‘‘No business can remain competitive be told with the conversion of former Colorado for 125 years. My sons are the in a tax regime that imposes death ranches into luxury homes or golf sixth generation, the sixth generation taxes as high as 55 percent. Our death courses throughout this valley. Some- to work this land. We want to con- taxes should encourage rather than dis- times it was a simple financial deci- tinue, but the IRS is forcing almost all courage the perpetuation of these busi- sion, a choice to take advantage of ranchers and many farmers out of busi- nesses.’’ soaring development values in the face Of all the letters, Mr. Speaker, that I ness. of plummeting cattle prices. But for have read on this issue, and obviously ‘‘The problem is death taxes. The de- other families, the passing of a parent it is a big issue to me and I hope it is mand for our land is very high, and 35- meant the passing of a life-style. acre ranches are selling in this area for a big issue to Members, I cannot think We have been around for a long time. of one sentence that is more pertinent as high as 4,500 an acre. We have 20,000 The Maurin family’s roots are deep in and more outstanding than the sen- acres. We want to keep it as open Long Capital Creek Road in Old space, but the U.S. Government is tence I just gave. Let me repeat that sentence again: Snowmass. For nearly a century, herit- making it impossible because we have age and hard work, heritage and hard to pay a 55 percent tax on the valu- ‘‘Our tax laws should encourage rather than discourage the perpetuation of work for nearly a century were enough ation of this acreage when my parents to sustain those that lived on that pass on. these businesses.’’ In other words, the government should go to these farmers, 300,000 acre stretch of land, but it all ‘‘Ranchers are barely scraping by changed in 1976. these days. If we were willing to de- should go to the young people that are starting out with their dreams, and Until Dwight’s father’s death, each velop homesites, we could stop the generation presided over a working mining, but since we want to save the say, we want to encourage family busi- ness to go from one generation to the cattle ranch that was both the life- ranch, we are in trouble. The family blood and livelihood of our clan. His has been able to scrape up the death next generation. We can look at a lot of countries in later years were lean years for taxes as each generation has died up to this world. One of the bonds to strong Dwight’s father, but the fate of the now.’’ That was my earlier example. families is the fact that homes and ranch was not at risk until the Internal ‘‘This time, however, I think we are farms and small businesses have gone Revenue Service showed up. done for. Our only other option is to from one generation to the next gen- The tax bill on this ranch was to give the ranch to a nonprofit organiza- eration to the next generation. In these $750,000, and what it took to pay the tion, and they all want it, but they countries the government encourages, bill was to cut the ranch in half. No won’t guarantee they will not develop not discourages, as they do in the longer could the Maurin cattle migrate it, either. United States, but encourages the pass- in winter months. It would be 10 years My dad is 90, so we don’t have a lot ing from generation to generation of after cutting the ranch in half and sell- of time left to decide. We are one of these family businesses. ing off half of it, it would be 10 years of only two or three ranchers left around ‘‘Being a member of the House Com- installments before the death tax could here. Our ranches have been sub- mittee on Ways and Means, I am sure be paid. divided. One of the last to go was a you already know the urgency of the What those taxes took was some- family that had been there as long as death tax repeal. The economics of the thing very vital, the ability of our fam- ours. When the old folks died, the kids estate tax are not good at all. Family- ily to support the families by working borrowed money to pay the death owned businesses and their employees the land that has so long been theirs. taxes. Soon they had to start selling will continue to suffer until this un- Maurin now works full time as a me- cattle to pay the interest. When they fair, unproductive, and uneconomic chanic for the Roaring Fork School ran out of cattle their 18,000 to 20,000 death tax is abolished. District, then helps with the ranch acre place was foreclosed on and is now ‘‘My wife, Vicky, and I are very ac- when he gets home at night. He does being developed. The family now lives tive, and look forward to working with not mind the long hours he puts in. on in a trailer in town and the father you and your staff to enact some com- What does get under his skin is the works as a highway flagman. monsense legislation to preserve and memory of an IRS agent overseeing his ‘‘If you want to stop sprawl, you had promote’’, to preserve and promote, father’s taxes either did not recognize better ask the U.S. Government to get ‘‘our Nation’s family-owned enter- that devastation was about to occur or off the backs of family farms and prises.’’ did not care. It was just pay us, or we ranches.’’ This is a story about a ranch in will seize everything. If anything is left Mr. Speaker, Ron Edwards. ‘‘I am Aspen, Colorado. We all know about over, we will keep it. If you cannot writing to bring to your attention an Aspen, which is in my district. I have make ends meet on what is left, you issue of the utmost importance to me,’’ all the mountain resorts in Colorado. I can find work elsewhere. which was the elimination of the death have Aspen, Telluride, Vail, Beaver We have no intention of selling the tax. ‘‘I urge you to support and pass Creek. I grew up there. My family has remaining 640 acres, but what happens death tax repeal legislation this year.’’ been in Colorado for many generations. to our daughters when we die? What Well, Ron, we did it. We passed it, by I remember going into Aspen when it choice will they have with only half of the way, in the House chambers with was nothing but a coal mining town. the land to graze. The ranch itself is bipartisan support. We had 65 Demo- One could buy a lot for $600. I remem- only making enough to cover its oper- crats join us. I hope tomorrow on this ber stopping in the Vail Valley and all ating costs and its annual property Republican legislation we have 65 there was was a ranch house. taxes. Democrats that come across the aisle What has happened is there were a It is Maurin’s day job at the school and join us again to override the veto. lot of family farms and ranches. Be- district that pays the doctor bills, the So we have passed legislation, but the cause of the popularity of these com- car insurance, the grocery bills, and ev- President vetoed it. munities, those families, those what we erything else. There is always hope ‘‘Family-owned businesses need relief call basic salt of the earth kind of peo- that things will change before our from death taxes now. We are cele- ple, are seeing that their dreams of daughters need to make a decision brating 66 years in business. My grand- passing on their hard work to the next about the ranch. father, Vic Edward, started with a fruit generation are being dashed by the tax But I wonder if people really think and vegetable stand in 1933 at our cur- policies of this country. about the permanent changes that take

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17182 CONGRESSIONAL RECORD—HOUSE September 6, 2000 place when a ranch is sold. It is not ductive parts of America. Is not the tall against the President and vote to just a loss to the family, it ripples fact that 5 percent of our citizens now override his veto. much wider. There are movements in pay 50 percent of the tax bill evidence f the right direction, but are they mov- that there is more than enough LEAVE OF ABSENCE ing quickly enough? Because once it is progresstivity in the Tax Code. sold to developers this ranch is gone This was an article written in the By unanimous consent, leave of ab- forever. Washington Post dated Friday, July sence was granted to: Real quickly, ‘‘I Am a Businessman’’. 14th, 2000. I have other cases, more Mr. WALDEN of Oregon (at the request So I am telling my colleagues this is samples. of Mr. ARMEY) for today on account of not just families, farms and ranches. The key is this, Mr. Speaker, tomor- attending a funeral. I am a businessman. My business is row we face on this floor a very signifi- f all about what a small business is. I cant vote. The President of the United SPECIAL ORDERS GRANTED have 42 people employed, and we are in States of America has made a decision our second generation. I am all too fa- that the death tax in this country By unanimous consent, permission to miliar with the death tax, as my father should stand. The President of the address the House, following the legis- passed away 2 years ago. My mother, United States of America has sub- lative program and any special orders my sister and I have been through the mitted to the U.S. House of Represent- heretofore entered, was granted to: (The following Members (at the re- experience of paying estate taxes at 50 atives in his budget a proposal, not quest of Mr. MCNULTY) to revise and percent-plus rate. Let me explain how only to let the death tax stand, but to extend their remarks and include ex- we were fortunate enough to get into increase it by $9.5 billion. traneous material:) this bracket. The President of this country has ve- Mrs. MALONEY of New York, for 5 My father left school after the 8th toed a bipartisan bill. In other words, minutes, today. grade in 1938 and did odd jobs until Republicans and Democrats sent to the Mr. BACA, for 5 minutes, today. serving for 3 years in World War II. President a piece of legislation saying, Mrs. MINK of Hawaii, for 5 minutes, Afterward, he purchased a small diner Mr. President, enough is enough. Get today. and built a 12-unit motel in a small rid of this death tax. It fundamentally Mr. FILNER, for 5 minutes, today. town in Pennsylvania. He and mom will not alter the revenues to this Mr. SHERMAN, for 5 minutes, today. worked 16 hours a day 7 days a week for country. It is not a big revenue pro- (The following Members (at the re- 12 years before migrating to the res- ducer. Get rid of it. The President of quest of Mr. PAUL) to revise and extend taurant supply business. That was bet- the United States vetoed that bill, and their remarks and include extraneous ter business. But it was not an easy tomorrow the President of the United material:) task either. States sends up to us on this House Mr. MORAN of Kansas, for 5 minutes, I can remember him saying for many floor his veto message, and we have the today. years that he hoped Monday’s mail opportunity to override it. Mr. PAUL, for 5 minutes, today. would have enough money to cover the I am confident that we in these Mr. SIMPSON, for 5 minutes, today. payroll costs he had written on the pre- chambers and that the Democrats will Mr. COBLE, for 5 minutes, today. vious Friday. come across the aisle and that, as a Mr. ROHRABACHER, for 5 minutes, You can ask in this country, why team, we will stand up and be counted today. would anybody start a business? There and say that the death tax is not justi- (The following Member (at his own are obviously still Americans that are fied in this country, that the role of request) to revise and extend his re- willing to risk everything to be in con- our government should be to encour- marks and include extraneous mate- trol of their lives. The satisfaction of age, not discourage the passing of busi- rial:) proving that you can do better is still ness or property from one generation Mr. WELDON of Pennsylvania, for 5 a motivator in our country. The key to the next generation. minutes, today. word is ‘‘risk’’. People are willing to Tomorrow we will stand, and we will f take this risk, provide the jobs and tax take that vote. I am not sure how the SENATE BILLS, A JOINT RESOLU- base that makes this country grow. result is going to be in the Senate, but TION AND A CONCURRENT RESO- Only by taxes from those who take I hope they vote to override it, too. LUTION REFERRED risk does the government even exist. During my entire term in Congress, I This is why when I see our Secretary of cannot think of something that would Bills, a joint resolution and a concur- Treasury write about the repeal of the be more pro family, that would help rent resolution of the Senate of the fol- estate tax I can become exorcised. He preserve more open space, that just out lowing titles were taken from the seems to think that this money is the of fundamental fairness would go back Speaker’s table and, under the rule, re- Treasury’s money to dispense as it to a fair and equitable tax scheme than ferred as follows: pleases. doing away with the death tax. S. 610. An act to direct the Secretary of the Maybe it appears to be a simple view Tomorrow it is on our shoulders. No Interior to convey certain land under the ju- way out. If one is going to be here to risdiction of the Bureau of Land Manage- of fairness and equity if you spent your ment in Washakie County and Big Horn life in academia and never had to vote, one is going to have to post one’s County, Wyoming, to the Westside Irrigation worry about making a payroll. But I vote. Do not give one’s constituents District, Wyoming, and for other purposes; resent like hell being told that I am some magic tale about why one voted to the Committee on Resources. selfish to want to keep what I and my to keep the death tax in place. One is S. 1894. An act to provide for the convey- family have earned and already paid either for elimination of it or one is ance of certain land to Park County, Wyo- taxes on. not. ming; to the Committee on Resources. In effect, the government is saying to Tomorrow my colleagues are going to S. 1936. An act to authorize the Secretary of Agriculture to sell or exchange all or part businessmen, and I am skipping, by the make that decision. I hope for the sake of certain administrative sites and other Na- way, some paragraphs, in effect, the of future Americans, I hope for the tional Forest System land in the State of Or- government is saying to businessmen, sake of the young people in their mid egon and use the proceeds derived from the since you worked harder and longer twenties that want to make their sale or exchange for National Forest System and were more successful, we will use dreams come true, for the couples like purposes; to the Committee on Resources. your estate to pay for programs which my wife and I who want to make our S. 2020. An act to adjust the boundary of we take political credit. dreams come true and for my parents the Natchez Trace Parkway, Mississippi, and for other purposes; to the Committee on Re- The original purpose of this death who want to pass their dreams on to sources. tax was to catch a handful of robber the next generation, I hope for the sake S. 2279. An act to authorize the addition of barons from the early industrial Amer- of those people, for my colleagues’ con- land to Sequoia National Park, and for other ica. Now it reaches into the most pro- stituents, that my colleagues stand purposes; to the Committee on Resources.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17183 S. 2421. An act to direct the Secretary of EXECUTIVE COMMUNICATIONS, Fruit and Vegetable Programs, Department the Interior to conduct a study of the suit- ETC. of Agriculture, transmitting the Depart- ability and feasibility of establishing an ment’s final rule—Hazelnuts Grown in Or- Upper Housatonic Valley National Heritage Under clause 8 of rule XII, executive egon and Washington; Increased Assessment Area in Connecticut and Massachusetts; to communications were taken from the Rate [Docket No. FV00–982–2 FR] received the Committee on Resources. Speaker’s table and referred as follows: August 3, 2000, pursuant to 5 U.S.C. S. 2998. An act to designate a fellowship 9481. A letter from the Secretary of Agri- 801(a)(1)(A); to the Committee on Agri- program of the Peace Corps promoting the culture, transmitting the annual animal wel- culture. work of returning Peace Corps volunteers in fare enforcement report for fiscal year 1999, 9490. A letter from the Congressional Re- underserved American communities as the pursuant to 7 U.S.C. 2155; to the Committee view Coordinator, Animal and Plant Health ‘‘Paul D. Coverdell Fellows Program’’; to the on Agriculture. Inspection Service, Department of Agri- Committee on International Relations. 9482. A letter from the Administrator, Risk culture, transmitting the Department’s final S.J. Res. 48. Joint resolution calling upon Management Agency, the Department of Ag- rule—Brucellosis in Cattle; State and Area the President to issue a proclamation recog- riculture, transmitting the Department’s Classifications; Louisiana [Docket No. 99– nizing the 25th anniversary of the Helsinki final rule—Common Crop Insurance Regula- 052–1] received July 31, 2000, pursuant to 5 Final Act; to the Committee on Inter- tions; Fig, Pear, Walnut, Almond, Prune, U.S.C. 801(a)(1)(A); to the Committee on Ag- national Relations. Table Grape, Peach, Plum, Apple and riculture. S. Con. Res. 53. Concurrent resolution con- Stonefruit Crop Insurance Provisions—re- 9491. A letter from the Administrator, demning all prejudice against individuals of ceived August 22, 2000, pursuant to 5 U.S.C. Food Safety and Inspection Service, Depart- Asian and Pacific Island ancestry in the 801(a)(1)(A); to the Committee on Agri- ment of Agriculture, transmitting the De- United States; to the Committee on the Ju- culture. partment’s final rule—Fee Increase for Egg diciary. 9483. A letter from the Acting Executive Products Inspection—Year 2000 [Docket No. Director, Commodity Futures Trading Com- 99–012F] (RIN: 0583–AC71) received August 1, mission, transmitting the Commission’s f 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Exemption From Registration for Committee on Agriculture. Certain Foreign FCMS and IBs (RIN: 3038– 9492. A letter from the Associate Adminis- BILLS PRESENTED TO THE AB46) received August 16, 2000, pursuant to 5 trator, USDA, Fruits and Vegetables, Re- PRESIDENT U.S.C. 801(a)(1)(A); to the Committee on Ag- search and Promotion Branch, Department riculture. of Agriculture, transmitting the Depart- Mr. THOMAS, from the Committee 9484. A letter from the Acting Executive ment’s final rule—Honey Research, Pro- on House Administration, reported Director, Commodity Futures Trading Com- motion, and Consumer Information Order; that that committee did on the fol- mission, transmitting the Commission’s Revision of Subpart C-Referendum Proce- final rule—Exemption from Certain Part 4 lowing dates present to the President, dures [FV–00–702 FR] received August 7, 2000, Requirements for Commodity Pool Operators for his approval, bills of the House of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- With Respect to Offerings to Qualified Eligi- the following titles: mittee on Agriculture. ble Persons and for Commodity Trading Ad- 9493. A letter from the Associate Adminis- On July 27, 2000: visors With Respect to Advising Qualified El- trator, Agricultural Marketing Service, H.R. 4437. To grant to the United States igible Persons (RIN: 3038–AB37) received Au- Fruit and Vegetable Programs, Department Postal Service the authority to issue gust 16, 2000, pursuant to 5 U.S.C. of Agriculture, transmitting the Depart- semipostals, and for other purposes. 801(a)(1)(A); to the Committee on Agri- ment’s final rule—Nectarines and Peaches On July 28, 2000: culture. H.R. 4576. Making appropriations for the 9485. A letter from the Acting Executive Grown in California; Revision of Handling Department of Defense for the fiscal year Director, Commodity Futures Trading Com- Requirements for Fresh Nectarines and ending September 30, 2001, and for other pur- mission, transmitting the Commission’s Peaches [Docket No. FV00–916–1 FIR] re- poses. final rule—Final Rules Concerning Amend- ceived August 9, 2000, pursuant to 5 U.S.C. On August 8, 2000: ments to Insider Trading Regulation (RIN: 801(a)(1)(A); to the Committee on Agri- H.R. 1749. To designate Wilson Creek in 3038–AB35) received August 16, 2000, pursuant culture. Avery and Caldwell Counties, North Caro- to 5 U.S.C. 801(a)(1)(A); to the Committee on 9494. A letter from the Associate Adminis- lina, as a component of the National Wild Agriculture. trator, Agricultural Marketing Service, and Scenic Rivers System. 9486. A letter from the Acting Executive Fruit and Vegetable Programs, Department H.R. 1982. To name the Department of Vet- Director, Commodity Futures Trading Com- of Agriculture, transmitting the Depart- erans Affairs outpatient clinic in Rome, New mission, transmitting the Commission’s ment’s final rule—Kiwifruit Grown in Cali- York, as the ‘‘Donald J. Mitchell Depart- final rule—Minimum Financial Require- fornia; Decreased Assessment Rate [Docket ment of Veterans Affairs Outpatient Clinic’’. ments for Futures Commission Merchants No. FV00–920–3 IFR] received August 14, 2000, H.R. 1167. To amend the Indian Self-Deter- and Introducing Brokers Amendments to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mination And Education Assistance Act to Provisions Governing Subordination Agree- mittee on Agriculture. provide for further self-governance by Indian ments Included in the Net Capital of a Fu- 9495. A letter from the Associate Adminis- tribes, and for other purposes. tures Commission Merchant or Independent trator, Agricultural Marketing Service, H.R. 3291. To provide for the settlement of Introducing Broker (RIN: 3038–AB54) received Fruit and Vegetable Programs, Department the water rights claims of the Shivwits Band August 28, 2000, pursuant to 5 U.S.C. of Agriculture, transmitting the Depart- of the Paiute Indian Tribe of Utah, and for 801(a)(1)(A); to the Committee on Agri- ment’s final rule—Irish Potatoes Grown on other purposes. culture. Certain Designated Counties in Idaho, and H.R. 3519. To provide for negotiations for 9487. A letter from the Acting Executive Malheur County, Oregon; Modification of the creation of a trust fund to be adminis- Director, Commodity Futures Trading Com- Handling Regulations [Docket No. FV00–945– tered by the International Bank for Recon- mission, transmitting the Commission’s 1 FIR] received August 10, 2000, pursuant to struction and Development or the Inter- final rule—Minimum Financial Require- 5 U.S.C. 801(a)(1)(A); to the Committee on national Development Association to combat ments for Futures Commission Merchants Agriculture. the AIDS epidemic. and Introducing Brokers Amendments to the 9496. A letter from the Associate Adminis- On August 24, 2000: Provisions Governing Subordination Agree- trator, Agricultural Marketing Service, H.R. 8. To amend the Internal Revenue ments Included in the Net Capital of a Fu- Fruit and Vegetable Programs, Department Code of 1986 to phaseout the estate and gift tures Commission Merchant or Independent of Agriculture, transmitting the Depart- taxes over a 10-year period. Introducing Broker (RIN: 3038–AB54) received ment’s final rule—Tart Cherries in the August 22, 2000, pursuant to 5 U.S.C. States of Michigan, New York, Pennsyl- f 801(a)(1)(A); to the Committee on Agri- vania, Oregon, Utah, Washington, and Wis- culture. consin, Decreased Assessment Rates [Docket 9488. A letter from the Congressional Re- No. FV00–930–3 FR] received August 10, 2000, ADJOURNMENT view Coordinator, Animal and Plant Health pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. MCINNIS. Mr. Speaker, I move Inspection Service, Department of Agri- mittee on Agriculture. that the House do now adjourn. culture, transmitting the Department’s final 9497. A letter from the Associate Adminis- The motion was agreed to; accord- rule—Spainish Pure Breed Horses from Spain trator, Agricultural Marketing Service, Fruit and Vegetable Programs, Department ingly (at 10 o’clock and 39 minutes [Docket No. 99–054–2] received July 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Agriculture, transmitting the Depart- p.m.), the House adjourned until to- mittee on Agriculture. ment’s final rule—Cranberries Grown in the morrow, Thursday, September 7, 2000, 9489. A letter from the Associate Adminis- States of Massachusetts, et al.; Increased As- at 10 a.m. trator, Agricultural Marketing Service, sessment Rate [Docket No. FV00–929–4 IFR]

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17184 CONGRESSIONAL RECORD—HOUSE September 6, 2000 received August 10, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- for Emergency Exemptions [OPP–301027; 801(a)(1)(A); to the Committee on Agri- culture. FRL–6598–8] (RIN: 2070–AB) received August culture. 9507. A letter from the Congressional Re- 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 9498. A letter from the Associate Adminis- view Coordinator, Animal and Plant Health the Committee on Agriculture. trator, Agricultural Marketing Service, Inspection Service, Department of Agri- 9517. A letter from the Small Business Ad- Fruit and Vegetable Programs, Department culture, transmitting the Department’s final vocacy Chair, Environmental Protection of Agriculture, transmitting the Depart- rule—Pine Shoot Beetle; Regulated Articles Agency, transmitting the Agency’s final ment’s final rule—Winter Pears Grown in Or- [Docket No. 99–082–2] received August 22, rule—Carfentrazone-ethyl; Pesticide Toler- egon and Washington; Establishment of 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ance [OPP–301025; FRL–6597–7] (RIN: 2070– Quality Requirements for the Beurre Committee on Agriculture. AB78) received August 1, 2000, pursuant to 5 D’Anjou Variety of Pears [Docket No. FV00– 9508. A letter from the Congressional Re- U.S.C. 801(a)(1)(A); to the Committee on Ag- 927–1 FR] received August 10, 2000, pursuant view Coordinator, Animal and Plant Health riculture. to 5 U.S.C. 801(a)(1)(A); to the Committee on Inspection Service, Department of Agri- 9518. A letter from the Small Business Ad- Agriculture. culture, transmitting the Department’s final vocacy Chair, Environmental Protection 9499. A letter from the Administrator, rule—Imported Fire Ant; Quarantined Areas Agency, transmitting the Agency’s final FSA, Department of Agriculture, transmit- [Docket No. 00–007–2] received August 22, rule—Diflubenzuron; Pesticide Tolerance ting the Department’s final rule—Handling 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the [OPP–301019; FRL–6596–3] (RIN: 2070–AB78) re- Payments from the Farm Service Agency Committee on Agriculture. ceived August 1, 2000, pursuant to 5 U.S.C. (FSA) to Delinquent FSA Farm Loan Pro- 9509. A letter from the Congressional Re- 801(a)(1)(A); to the Committee on Agri- gram Borrowers (RIN: 0560–AG24) received view Coordinator, Animal and Plant Health culture. August 16, 2000, pursuant to 5 U.S.C. Inspection Service, Department of Agri- 9519. A letter from the Small Business Ad- 801(a)(1)(A); to the Committee on Agri- culture, transmitting the Department’s final vocacy Chair, Environmental Protection culture. rule—Changes in Disease Status in Denmark Agency, transmitting the Agency’s final 9500. A letter from the Congressional Re- Because of BSE [Docket No. 00–030–2] re- rule—Fenpropathrin; Extension of Tolerance view Coordinator, Animal and Plant Health ceived August 22, 2000, pursuant to 5 U.S.C. for Emergency Exemptions [OPP–301024; Inspection Service, Department of Agri- 801(a)(1)(A); to the Committee on Agri- FRL–6597–9] (RIN: 2070–AB78) received Au- culture, transmitting the Department’s final culture. gust 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); rule—Poultry Products from Mexico 9510. A letter from the Congressional Re- to the Committee on Agriculture. Transiting the United States [Docket No. 98– view Coordinator, Animal and Plant Health 9520. A letter from the Small Business Ad- 094–2] received August 17, 2000, pursuant to 5 Inspection Service, Department of Agri- vocacy Chair, Environmental Protection U.S.C. 801(a)(1)(A); to the Committee on Ag- culture, transmitting the Department’s final Agency, transmitting the Agency’s final riculture. rule—Change in Disease Status of Portugal rule—Pymetrozine; Pesticide Tolerance 9501. A letter from the Congressional Re- Because of African Swine Fever [Docket No. [OPP–301033; FRL–6599–2] (RIN: 2070–AB78) re- view Coordinator, Animal and Plant Health 99–096–2] received August 23, 2000, pursuant ceived August 4, 2000, pursuant to 5 U.S.C. Inspection Service, Department of Agri- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Agri- culture, transmitting the Department’s final Agriculture. culture. rule—Export Certification; Heat Treatment 9511. A letter from the Associate Adminis- 9521. A letter from the Small Business Ad- of Solid Wood Packing Materials Exported to trator, Agricultural Marketing Service, vocacy Chair, Environmental Protection China [Docket No. 99–100–2] received August Fruit and Vegetable Programs, Department Agency, transmitting the Agency’s final 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to of Agriculture, transmitting the Depart- rule—Imidacloprid; Extension of Tolerances the Committee on Agriculture. ment’s final rule—Oranges, Grapefruit, Tan- for Emergency Exemptions [OPP–301035; 9502. A letter from the Congressional Re- gerines and Tangelos Grown in Florida; In- FRL–6736–8] (RIN: 2070–AB78) received Au- view Coordinator, Animal and Plant Health creased Assessment Rate [Docket No. FV00– gust 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Inspection Service, Department of Agri- 905–1 FR] received August 23, 2000, pursuant to the Committee on Agriculture. culture, transmitting the Department’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on 9522. A letter from the Small Business Ad- rule—Karnal Bunt; Regulated Areas [Docket Agriculture. vocacy Chair, Environmental Protection No. 99–077–2] (RIN: 0579–AB17) received Au- 9512. A letter from the Congressional Re- Agency, transmitting the Agency’s final gust 17, 2000, pursuant to 5 U.S.C. view Coordinator, Animal and Plant Health rule—Sodium Chlorate; Extension of Exemp- 801(a)(1)(A); to the Committee on Agri- Inspection Service, Department of Agri- tion from Tolerance for Emergency Exemp- culture. culture, transmitting the Department’s final tions [OPP–301031; FRL–6599–3] (RIN: 2070– 9503. A letter from the Congressional Re- rule—Import/Export User Fees [Docket No. AB) received August 4, 2000, pursuant to 5 view Coordinator, Animal and Plant Health 97–058–2] (RIN: 0579–AA87) received August 29, U.S.C. 801(a)(1)(A); to the Committee on Ag- Inspection Service, Department of Agri- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the riculture. culture, transmitting the Department’s final Committee on Agriculture. 9523. A letter from the Small Business Ad- rule—Mexican Fruit Fly Regulations; Re- 9513. A letter from the Congressional Re- vocacy Chair, Environmental Protection moval of Regulated Area [Docket No. 98–084– view Coordinator, Animal and Plant Health Agency, transmitting the Agency’s final 2] received August 24, 2000, pursuant to 5 Inspection Service, Department of Agri- rule—Zinc Phosphide; Pesticide Tolerances U.S.C. 801(a)(1)(A); to the Committee on Ag- culture, transmitting the Department’s final for Emergency Exemptions [OPP–301029; riculture. rule—Plum Pox [Docket No. 00–034–2] re- FRL–6598–9] (RIN: 2070–AB) received August 9504. A letter from the Congressional Re- ceived August 30, 2000, pursuant to 5 U.S.C. 14, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to view Coordinator, Animal and Plant Health 801(a)(1)(A); to the Committee on Agri- the Committee on Agriculture. Inspection Service, Department of Agri- culture. 9524. A letter from the Small Business Ad- culture, transmitting the Department’s final 9514. A letter from the Congressional Re- vocacy Chair, Environmental Protection rule—Oriental Fruit Fly; Removal of Quar- view Coordinator, Animal and Plant Health Agency, transmitting the Agency’s final antined Area [Docket No. 99–044–3] received Inspection Service, Department of Agri- rule—Propiconazole; Extension of Tolerances August 24, 2000, pursuant to 5 U.S.C. culture, transmitting the Department’s final for Emergency Exemptions [OPP–301036; 801(a)(1)(A); to the Committee on Agri- rule—Citrus Canker; Addition to Quar- FRL–6737–1] (RIN: 2070–AB78) received Au- culture. antined Areas [Docket No. 00–036–1] received gust 14, 2000, pursuant to 5 U.S.C. 9505. A letter from the Congressional Re- August 30, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- view Coordinator, Animal and Plant Health 801(a)(1)(A); to the Committee on Agri- culture. Inspection Service, Department of Agri- culture. 9525. A letter from the Small Business Ad- culture, transmitting the Department’s final 9515. A letter from the Administrator, vocacy Chair, Environmental Protection rule—Mexican Fruit Fly Regulations; Re- Food and Nutrition Service, Department of Agency, transmitting the Agency’s final moval of Regulated Area [Docket No. 98–082– Health and Human Services, transmitting rule—Mancozeb; Pesticide Tolerance Tech- 6] received August 22, 2000, pursuant to 5 the Department’s final rule—Food Distribu- nical Correction [OPP–301028; FRL–6736–4] U.S.C. 801(a)(1)(A); to the Committee on Ag- tion Program on Indian Reservations: In- (RIN: 2070–AB78) received August 14, 2000, riculture. come Deductions and Miscellaneous Provi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9506. A letter from the Congressional Re- sions (RIN: 0584–AC81) received August 16, mittee on Agriculture. view Coordinator, Animal and Plant Health 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9526. A letter from the Small Business Ad- Inspection Service, Department of Agri- Committee on Agriculture. vocacy Chair, Environmental Protection culture, transmitting the Department’s final 9516. A letter from the Small Business Ad- Agency, transmitting the Agency’s final rule—Oriental Fruit Fly; Removal of Quar- vocacy Chair, Environmental Protection rule—Coumaphos; Pesticide Tolerances for antined Area [Docket No. 99–076–3] received Agency, transmitting the Agency’s final Emergency Exemptions [OPP–301039; FRL– August 22, 2000, pursuant to 5 U.S.C. rule—Avermectin; Extension of Tolerance 6738–3] (RIN: 2070–AB78) received August 14,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17185 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the quest and availability of funds pursuant to ceived August 14, 2000, pursuant to 5 U.S.C. Committee on Agriculture. section 251(b)(2)(A) of the Balanced Budget 801(a)(1)(A); to the Committee on Armed 9527. A letter from the Regulatory Manage- and Emergency Deficit Control Act of 1985; Services. ment Staff, Environmental Protection Agen- (H. Doc. No. 106–278); to the Committee on 9548. A letter from the Director, Defense cy, transmitting the Agency’s final rule— Appropriations and ordered to be printed. Procurement, Department of Defense, trans- Fosetyl-Al; Pesticide Tolerance [OPP–301032; 9538. A communication from the President mitting the Department’s final rule—Defense FRL–6599–4] (RIN: 2070–AB78) received Au- of the United States, transmitting a Depart- Federal Acquisition Regulation Supplement; gust 15, 2000, pursuant to 5 U.S.C. ment of Defense budget request persuant to Construction and Service Contracts in Non- 801(a)(1)(A); to the Committee on Agri- Title IX of H.R. 4576, tthe Department of De- contiguous States [DFARS Case 99–D308] re- culture. fense Appropriations Act of 2001; (H. Doc. No. ceived August 14, 2000, pursuant to 5 U.S.C. 9528. A letter from the Regulatory Manage- 106–283); to the Committee on Appropriations 801(a)(1)(A); to the Committee on Armed ment Staff, Environmental Protection Agen- and ordered to be printed. Services. cy, transmitting the Agency’s final rule— 9539. A communication from the President 9549. A letter from the Director, Defense Acibenzolar-S-Methyl; Pesticide Tolerance of the United States, transmitting the re- Procurement, Department of Defense, trans- [OPP–301037; FRL–6737–6] (RIN: 2070–AB78) re- quest and availability of funds in accordance mitting the Department’s final rule—Defense ceived August 15, 2000, pursuant to 5 U.S.C. with Public Law 104–208, the Omnibus Con- Federal Acquisition Regulation Supplement; 801(a)(1)(A); to the Committee on Agri- solidated Appropriations Act, 1997; (H. Doc. Contract Drawings, Maps, and Specifications culture. No. 106–284); to the Committee on Appropria- [DFARS Case 99–D025] received August 14, 9529. A letter from the Deputy Associate tions and ordered to be printed. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Administrator, Environmental Protection 9540. A letter from the The President Of Committee on Armed Services. Agency, transmitting the Agency’s final The United States, transmitting a funding 9550. A letter from the Director, Defense rule—Glyphosate; Pesticide Tolerance [OPP– request for the Department of Agriculture, Procurement, OUSD, Department of Defense, 301034; FRL–6736–6] (RIN: 2070–AB78) received Forest Service, Wildlife Fire Management; transmitting the Department’s final rule— August 25, 2000, pursuant to 5 U.S.C. (H. Doc. No. 106–289); to the Committee on Defense Federal Acquisition Regulation Sup- 801(a)(1)(A); to the Committee on Agri- Appropriations and ordered to be printed. plement; Mentor-Protege Program Improve- culture. 9541. A letter from the Chief, Programs and ments [DFARS Case 99–D307] received Au- 9530. A letter from the Regulatory Manage- Legislation Division, Office of Legislative gust 14, 2000, pursuant to 5 U.S.C. ment Staff, Environmental Protection Agen- Liaison, Air Force, Department of Defense, 801(a)(1)(A); to the Committee on Armed cy, transmitting the Agency’s final rule— transmitting notification that the Com- Services. Dimethenamid; Pesticide Tolerances for mander of Willow Grove Air Reserve Station 9551. A letter from the Director, Defense Emergency Exemptions [OPP–301038; FRL– (ARS), Pennsylvania, has conducted a com- Procurement, OUSD, Department of Defense, 6738–1] (RIN: 2070–AB78) received August 22, parison study to reduce the cost of operating transmitting the Department’s final rule— 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Base Operating Support (BOS), pursuant Defense Federal Acquisition Regulation Sup- Committee on Agriculture. to 10 U.S.C. 2461; to the Committee on Armed plement; Special Procedures for Negotiation 9531. A letter from the Deputy Associate Services. of Construction Contracts [DFARS Case Administrator, Environmental Protection 9542. A letter from the Under Secretary, 2000–D010] received August 14, 2000, pursuant Agency, transmitting the Agency’s final Personnel and Readiness, Department of De- to 5 U.S.C. 801(a)(1)(A); to the Committee on rule—Buprofezin (2-Tert-butylimonp-3- iso- fense, transmitting the Department’s De- Armed Services. propyl -5-phenyl-1, 3, 5-thiadiazinan-4-one); fense Manpower Requirements Report for FY 9552. A letter from the Director, Defense Time-Limited Pesticide Tolerances [OPP– 2001, pursuant to 10 U.S.C. 115(b)(3); to the Procurement, Department of Defense, trans- 301040; FRL–6740–1] (RIN: 2070–AB) received Committee on Armed Services. mitting the Department’s final rule—Pollu- August 29, 2000, pursuant to 5 U.S.C. 9543. A letter from the Director, Defense tion Control and Clean Air and Water 801(a)(1)(A); to the Committee on Agri- Procurement, Department of Defense, trans- [DFARS Case 2000–D004] received August 29, culture. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9532. A letter from the Administrator, mitting the Department’s final rule—Defense Federal Acquisition Regulation Supplement; Committee on Armed Services. Farm Service Agency, transmitting the De- 9553. A letter from the Secretary of De- Repeal of Reporting Requirements Under partment’s final rule—Farm Loan Programs fense, transmitting the approved retirement Public Law 85–804 [DFARS Case 2000–D016] Account Servicing Policies—Servicing and advancement to the grade of lieutenant received July 31, 2000, pursuant to 5 U.S.C. Shared Appreciation Agreements (RIN: 0560– general on the retired list of Lieutenant 801(a)(1)(A); to the Committee on Armed AF78) received August 10, 2000, pursuant to 5 General David H. Ohle, United States Army; Services. U.S.C. 801(a)(1)(A); to the Committee on Ag- to the Committee on Armed Services. riculture. 9544. A letter from the Alternate OSD, Fed- 9554. A letter from the Secretary of De- 9533. A communication from the President eral Register Liaison Officer, Office of the fense, transmitting the approved retirement of the United States, transmitting his re- Secretary, Department of Defense, transmit- and advancement to the grade of Lieutenant quest to make available appropriations to- ting the Department’s final rule—Civilian General on the retired list of Lieutenant taling $2,600,000 in budget authority for the Health and Medical Program of the Uni- General Robert F. Foley, United States Department of Health and Human Services’ formed Services (CHAMPUS); Enhancement Army; to the Committee on Armed Services. Low Income Home Energy Assistance Pro- of Dental Benefits under the TRICARE Re- 9555. A letter from the Secretary of De- gram, and designate the amount made avail- tiree Dental Program—received August 9, fense, transmitting the approved retirement able as an emergency requirement pursuant 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the and advancement to the grade of Lieutenant to section 251(b)(2)(A) of the Balanced Budg- Committee on Armed Services. General of the retired list of Lieutenant Gen- et and Emergency Deficit Control Act of 9545. A letter from the Alternate OSD Fed- eral Michael S. Davidson, Jr., United States 1985, as amended, pursuant to 31 U.S.C. 1107; eral Register Liaison Officer, Office of the Army; to the Committee on Armed Services. (H. Doc. No. 106–286); to the Committee on Secretary, Department of Defense, transmit- 9556. A letter from the Secretary of De- Appropriations and ordered to be printed. ting the Department’s final rule—Civilian fense, transmitting the approved retirement 9534. A letter from the the Director, the Of- Health and Medical Program of the Uni- and advancement to the grade of lieutenant fice of Management and Budget, transmit- formed Services (CHAMPUS); Expansion of general on the retired list of Lieutenant ting a cumulative review of the recissions Department Eligibility for TRICARE Retiree General Tad J. Oelstrom, United States Air and deferrals for fiscal year 2000, pursuant to Dental Program—received August 9, 2000, Force; to the Committee on Armed Services. 2 U.S.C. 685; (H. Doc. No. 106–285); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9557. A letter from the Secretary of De- Committee on Appropriations and ordered to mittee on Armed Services. fense, transmitting the approved retirement be printed. 9546. A letter from the Director, Defense and advancement to the grade of lieutenant 9535. A letter from the Director, Congres- Procurement, OUSD, Department of Defense, general on the retired list of Lieutentant sional Budget Office, transmitting CBO’s Se- transmitting the Department’s final rule— General Joe N. Ballard; to the Committee on questration Update Report for Fiscal Year Defense Federal Acquisition Regulation Sup- Armed Services. 2001, pursuant to 2 U.S.C. section 904(b); to plement; Transportation Acquisition Policy 9558. A letter from the Secretary of De- the Committee on Appropriations. [DFARS Case 99–D009] received August 14, fense, transmitting the approved retirement 9536. A letter from the Director, Office of 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the and advancement to the grade of admiral on Management and Budget, transmitting noti- Committee on Armed Services. the retired list of Admiral Harold W. fication of the President’s intent to exempt 9547. A letter from the Director, Defense Gehman, Jr., United States Navy; to the all military personnel accounts from seques- Procurement, OUSD, Department of Defense, Committee on Armed Services. ter for FY 2001, if a sequester is necessary; to transmitting the Department’s final rule— 9559. A letter from the Secretary of De- the Committee on Appropriations. Defense Federal Acquisition Regulation Sup- fense, transmitting the approved retirement 9537. A communication from the President plement; North American Industry Classi- and advancement to the grade of vice admi- of the United States, transmitting the re- fication System [DFARS Case 2000–D015] re- ral on the retired list of Vice Admiral Lee F.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17186 CONGRESSIONAL RECORD—HOUSE September 6, 2000 Gunn, United States Navy; to the Committee 801(a)(1)(A); to the Committee on Banking 9582. A letter from the Director, Corporate on Armed Services. and Financial Services. Policy and Research Department, Pension 9560. A letter from the Secretary of De- 9570. A letter from the Assistant General Benefit Guaranty Corporation, transmitting fense, transmitting the approved retirement Counsel for Regulations, Office of the Assist- the Corporation’s final rule—Benefits Pay- and advancement to the grade of vice admi- ant Secretary, Department of Housing and able in Terminated Single-Employer Plans; ral on the retired list of Vice Admiral Her- Urban Development, transmitting the De- Allocation of Assets in Single-Employer bert A. Browne, Jr., II, United States Navy; partment’s final rule—Public Housing Agen- Plans; Interest Assumptions for Valuing and to the Committee on Armed Services. cy (PHA) Plan: Streamlined Plans [Docket Paying Benefits—received August 24, 2000, 9561. A letter from the Secretary of De- No. FR–4420–F–09] (RIN: 2577–AB89) received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fense, transmitting the approved retirement August 22, 2000, pursuant to 5 U.S.C. mittee on Education and the Workforce. and advancement to the grade of General on 801(a)(1)(A); to the Committee on Banking 9583. A letter from the Department of En- the retired list of General Charles E. Wil- and Financial Services. ergy, transmitting the Energy Information helm, United States Marine Corps; to the 9571. A letter from the President and Administration’s Annual Report to Congress Committee on Armed Services. Chairman, Export-Import Bank of the United 1999, pursuant to Public Law 89–448, section 9562. A letter from the Secretary of De- States, transmitting a report involving U.S. 3(a) (80 Stat. 201); Public Law 95–91, section fense, transmitting the approved retirement exports to Venezuela, pursuant to 12 U.S.C. 302 (91 Stat. 578); to the Committee on Com- and advancement to the grade of lieutenant 635(b)(3)(i); to the Committee on Banking merce. general on the retired list of Lieutenant and Financial Services. 9584. A letter from the Secretary of Health General James M. Link, United States 9572. A letter from the President and and Human Services, transmitting the De- Army; to the Committee on Armed Services. Chairman, Export-Import Bank of the United partment’s fourth annual report to Congress 9563. A letter from the Secretary of De- States, transmitting a report involving U.S. summarizing evaluation activities related to fense, transmitting the approved retirement exports to Brazil, pursuant to 12 U.S.C. the Comprehensive Community Mental and advancement to the grade of Lieutenant 635(b)(3)(i); to the Committee on Banking Health Services for Children and Their Fam- General on the retired list of Lieutenant and Financial Services. ilies Program, pursuant to 42 U.S.C. 300X– General John E. Rhodes, United States Ma- 9573. A letter from the President and 4(g); to the Committee on Commerce. rine Corps, pursuant to 5 U.S.C. 801(a)(1)(A); Chairman, Export-Import Bank of the United 9585. A letter from the Director, Minority to the Committee on Armed Services. States, transmitting a report involving U.S. Business Development Agency, Department 9564. A letter from the President and exports to the Russian Federation, pursuant of Commerce, transmitting the Department’s Chairman, Export-Import Bank, transmit- to 12 U.S.C. 635(b)(3)(i); to the Committee on final rule—Solicitation of Applications for ting a report involving U.S. exports to Tur- Banking and Financial Services. the Minority Business Development Center key, pursuant to 22 U.S.C. 2776(c); to the 9574. A letter from the President and (MBDC) Program [Docket No. 000724217–0217– Committee on Banking and Financial Serv- Chairman, Export-Import Bank of the United 01] (RIN: 0640–ZA08) received August 22, 2000, ices. States, transmitting a report involving U.S. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9565. A letter from the Deputy Legal Coun- exports to Algeria, pursuant to 12 U.S.C. mittee on Commerce. sel, Community Development Financial In- 635(b)(3)(i); to the Committee on Banking 9586. A letter from the Assistant General stitutions Fund, Department of the Treas- and Financial Services. Counsel for Regulatory Law, Office of Field ury, transmitting the Department’s final 9575. A letter from the President and Integration, Department of Energy, trans- rule—Notice of Funds Availability (NOFA) Chairman, Export-Import Bank of the United mitting the Department’s final rule—Deacti- Inviting Applications for the Community De- States, transmitting a report involving U.S. vation Implementation Guide [DOE G 430.1– velopment Financial Institutions (CDFI) exports to the Republic of Algeria, pursuant 3] received July 28, 2000, pursuant to 5 U.S.C. Program—Intermediary Component [Billing to 12 U.S.C. 635(b)(3)(i); to the Committee on 801(a)(1)(A); to the Committee on Commerce. Code 4810–70–P] received August 9, 2000, pur- Banking and Financial Services. 9587. A letter from the Assistant General suant to 5 U.S.C. 801(a)(1)(A); to the Com- 9576. A letter from the Board of Governors, Counsel for Regulatory Law, Office of Envi- mittee on Banking and Financial Services. Federal Reserve System, transmitting the ronment, Safety and Health, Department of 9566. A letter from the Deputy Legal Coun- annual report on the subject of retail fees Energy, transmitting the Department’s final sel, Community Development Financial In- and services of depository institutions, pur- rule—Fire Protection Design Criteria [DOE stitutions Fund, Department of the Treas- suant to 12 U.S.C. 1811 nt.; to the Committee STD–1066–99] received August 9, 2000, pursu- ury, transmitting the Department’s final on Banking and Financial Services. ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule—Notice of Funds Availability (NOFA) 9577. A letter from the General Counsel, on Commerce. Inviting Applications for the Community De- National Credit Union Administration, 9588. A letter from the Assistant General velopment Financial Institutions Program— transmitting the Administration’s final Counsel for Regulatory Law, Office of Envi- Core Component [Billing Code 4810–70–P] re- rule—Loan Interest Rates—received August ronment, Safety and Health, Department of ceived August 9, 2000, pursuant to 5 U.S.C. 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Energy, transmitting the Department’s final 801(a)(1)(A); to the Committee on Banking the Committee on Banking and Financial rule—Radiological Control [DOE–STD–1098– and Financial Services. Services. 99] received August 9, 2000, pursuant to 5 9567. A letter from the Deputy Legal Coun- 9578. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on sel, Community Development Financial In- Management and Budget, transmitting OMB Commerce. stitutions Fund, Department of the Treas- Cost Estimate For Pay-As-You-Go Calcula- 9589. A letter from the Assistant General ury, transmitting the Department’s final tions; to the Committee on the Budget. Counsel for Regulatory Law, Office of Safe- rule—Community Development Financial In- 9579. A letter from the Director, Office of guards and Security, Department of Energy, stitutions Program (RIN: 1505–AA71) received Management and Budget, transmitting OMB transmitting the Department’s final rule— August 9, 2000, pursuant to 5 U.S.C. Cost Estimate For Pay-As-You-Go Calcula- Protective Force Program Manual [DOE M 801(a)(1)(A); to the Committee on Banking tions; to the Committee on the Budget. 473.2.–2] received August 9, 2000, pursuant to and Financial Services. 9580. A letter from the Acting Assistant 5 U.S.C. 801(a)(1)(A); to the Committee on 9568. A letter from the Director, Financial General Counsel, Special Education & Reha- Commerce. Crimes Enforcement Network, Department bilitative Services, Department of Edu- 9590. A letter from the Assistant General of the Treasury, transmitting the Depart- cation, transmitting the Department’s final Counsel for Regulatory Law, Office of Safe- ment’s final rule—Amendment to the Bank rule—Notice of Final Competative Pref- guards and Security, Department of Energy, Secretary Act Regulations—Exemptions erences for Fiscal Year 2001 for the Rehabili- transmitting the Department’s final rule— from the Requirement to Report Trans- tation Long-Term Training and Protective Force Program [DOE O 473.2] re- actions in Currency—Interim Rule (RIN: Rehabiliation Long-Term Training and Re- ceived August 9, 2000, pursuant to 5 U.S.C. 1506–AA23) received August 17, 2000, pursuant habilitation Continuing Education Pro- 801(a)(1)(A); to the Committee on Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on grams—received August 30, 2000, pursuant to 9591. A letter from the Director, Regula- Banking and Financial Services. 2 U.S.C. 685; to the Committee on Education tions Policy and Management Staff, FDA, 9569. A letter from the Assistant General and the Workforce. Department of Health and Human Services, Counsel for Regulations, Office of the Sec- 9581. A letter from the Assistant General transmitting the Department’s final rule— retary, Department of Housing and Urban Counsel for Regulations, Special Education Listing of Color Additives for Coloring Su- Development, transmitting the Depart- & Rehabilitative Services, Department of tures; D&C Violet No. 2 [Docket No. 99C–1455] ment’s final rule—Initiation of Civil Money Education, transmitting the Department’s received August 1, 2000, pursuant to 5 U.S.C. Penalty Action for Failing To Disclose Lead- final rule—National Institute on Disability 801(a)(1)(A); to the Committee on Commerce. Based Paint Hazards: Amendments Con- and Rehabilitation Research—received Au- 9592. A letter from the Deputy Executive cerning Official To Initiate Action [Docket gust 25, 2000, pursuant to 5 U.S.C. Secretary, Substance Abuse and Mental No. FR–4609–F–01] (RIN: 2501–AC74) received 801(a)(1)(A); to the Committee on Education Health Services Administration, Department August 22, 2000, pursuant to 5 U.S.C. and the Workforce. of Health and Human Services, transmitting

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17187 the Department’s final rule—Application Department of Health and Human Services, 6846–8] received August 14, 2000, pursuant to Deadline for the Substance Abuse Prevention transmitting the Department’s final rule— 5 U.S.C. 801(a)(1)(A); to the Committee on and Treatment (SAPT) Block Grant Program Control of Communicable Diseases; Appre- Commerce. (RIN: 0930–AA04) received August 1, 2000, pur- hension and Detention of Persons With Spe- 9611. A letter from the Administrator, En- suant to 5 U.S.C. 801(a)(1)(A); to the Com- cific Diseases; Transfer of Regulations vironmental Protection Agency, transmit- mittee on Commerce. [Docket No. 00N–1317] received August 28, ting the report on Endocrine Disruptor 9593. A letter from the Director, Regula- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Screening Program, mandated under the tions Policy and Management Staff, FDA, Committee on Commerce. Food Quality Protection Act of 1996; to the Department of Health and Human Services, 9602. A letter from the Attorney Advisor, Committee on Commerce. transmitting the Department’s final rule— NHTSA, Department of Transportation, 9612. A letter from the Director, Regu- Secondary Direct Food Additives Permitted transmitting the Department’s final rule— latory Management Staff, Environmental in Food for Human Consumption; Correction Consumer Information Regulations; Uniform Protection Agency, transmitting the Agen- [Docket No. 00F–0786] received August 1, 2000, Tire Quality Grading Standards [Docket No. cy’s final rule—National Emission Standards pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- NHTSA–99–6019] (RIN: 2127–AH82) received for Hazardous Air Pollutants for Pharma- mittee on Commerce. August 14, 2000, pursuant to 5 U.S.C. ceuticals Production [FRL–6855–1] (RIN: 9594. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Commerce. 2060–AJ17) received August 16, 2000, pursuant tions Policy and Management Staff, FDA, 9603. A letter from the Attorney, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Health and Human Services, the Secretary of Transportation, Depart- Commerce. transmitting the Department’s final rule— ment of Transportation, transmitting the 9613. A letter from the Regulatory Manage- Cold, Cough, Allergy, Bronchodilato, and Department’s final rule—Relocation of ment Staff, Environmental Protection Agen- Antiasthmatic Drug Products for Over-the- Standard Time Zone Boundary in the State cy, transmitting the Agency’s final rule—Ap- Counter Human Use; Amendments of Final of Kentucky [OST Docket No. OST–99–5843] proval and Promulgation of Maintenance Monograph for OTC Antitussive Drug Prod- (RIN: 2105–AC80) received August 14, 2000, Plan and Designation of Area for Air Quality ucts [Docket No. 76N–052T] (RIN: 0910–AA01) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Planning Purposes for Carbon Monoxide; received August 9, 2000, pursuant to 5 U.S.C. mittee on Commerce. State of Arizona [AZ072–0085C; FRL–6852–6] 801(a)(1)(A); to the Committee on Commerce. 9604. A letter from the Small Business Ad- received August 15, 2000, pursuant to 5 U.S.C. 9595. A letter from the Director, Regula- vocacy Chair, Environmental Protection 801(a)(1)(A); to the Committee on Commerce. tions Policy and Management Staff, FDA, Agency, transmitting the Agency’s final 9614. A letter from the Deputy Associate Department of Health and Human Services, rule—Drinking Water State Revolving Funds Administrator, Environmental Protection transmitting the Department’s final rule— [FRL–6846–5] (RIN: 2040–AD20) received Au- Agency, transmitting the Agency’s final Medical Devices; Anesthesiology Devices to gust 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); rule—Approval and Promulgation of Imple- Relieve Upper Airway Obstruction; Correc- to the Committee on Commerce. mentation Plans; Oregon [Docket No. OR–84– tion [Docket No. 00P–1117] received August 9, 9605. A letter from the Small Business Ad- 7299a; FRL–6858–1] received August 24, 2000, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the vocacy Chair, Environmental Protection pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Commerce. Agency, transmitting the Agency’s final mittee on Commerce. 9596. A letter from the Director, Regula- rule—Amendments to Standards of Perform- 9615. A letter from the Deputy Associate tions Policy and Management Staff, FDA, ance for New Stationary Sources; Moni- Administrator, Environmental Protection Department of Health and Human Services, toring Requirements [AD–FRL–6846–6] (RIN: Agency, transmitting the Agency’s final transmitting the Department’s final rule— 2060–AG22) received August 8, 2000, pursuant rule—Approval and Promulgation of Imple- Listing of Color Additives Exempt From Cer- to 5 U.S.C. 801(a)(1)(A); to the Committee on mentation Plans; Texas; Reasonably Avail- tification; Luminescent Zinc Sulfide [Docket Commerce. able Control Technology for Major Sta- No. 97C–0415] received August 11, 2000, pursu- 9606. A letter from the Small Business Ad- tionary Sources of Nitrogen Oxides in the ant to 5 U.S.C. 801(a)(1)(A); to the Committee vocacy Chair, Environmental Protection Houston/Galveston, Beaumont/Port Arthur, on Commerce. Agency, transmitting the Agency’s final and Dallas/Fort Worth Ozone Nonattainment 9597. A letter from the Director, Regula- rule—Control of Emissions of Air Pollution Areas [TX–122–1–7451a; FRL–6860–3] received tions Policy and Management Staff, FDA, from 2004 and Later Model Year Heavy-Duty August 24, 2000, pursuant to 5 U.S.C. Department of Health and Human Services, Highway Engines and Vehicles; Revision of 801(a)(1)(A); to the Committee on Commerce. transmitting the Department’s final rule— Light-Duty On-Board Diagnostics Require- 9616. A letter from the Deputy Associate Food Additives Permitted for Direct Addi- ments [AMS–FRL–6846–4] (RIN: 2060–AI12) re- Administrator, Environmental Protection tion to Food for Human Consumption; Cal- ceived August 9, 2000, pursuant to 5 U.S.C. Agency, transmitting the Agency’s final cium Disodium EDTA and Disodium EDTA 801(a)(1)(A); to the Committee on Commerce. rule—Revisions to the California State Im- [Docket No. 00F–0119] received August 11, 9607. A letter from the Small Business Ad- plementation Plan, San Joaquin Valley Uni- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the vocacy Chair, Environmental Protection fied Air Pollution Control District [CA 240– Committee on Commerce. Agency, transmitting the Agency’s final 0254; FRL–6856–4] received August 23, 2000, 9598. A letter from the Director, Regula- rule—Federal Plan Requirements for Hos- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tions Policy and Management Staff, FDA, pital/Medical/Infectious Waste Incinerators mittee on Commerce. Department of Health and Human Services, Constructed on or Before June 20, 1996 [AD– 9617. A letter from the Deputy Associate transmitting the Department’s final rule— FRL–6848–9] (RIN: 2060–AI25) received August Administrator, Environmental Protection New Animal Drug Applications; Sheep as a 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Agency, transmitting the Agency’s final Minor Species [Docket No. 99N–2151] received the Committee on Commerce. rule—National Emission Standards for Haz- August 11, 2000, pursuant to 5 U.S.C. 9608. A letter from the Small Business Ad- ardous Air Pollutant Emissions: Group IV 801(a)(1)(A); to the Committee on Commerce. vocacy Chair, Environmental Protection Polymers and Resins [AD–FRL–6858–5] (RIN: 9599. A letter from the Director, Regula- Agency, transmitting the Agency’s final 2060–AH47) received August 23, 2000, pursuant tions Policy and Management Staff, FDA, rule—Clean Air Act Full Approval of Oper- to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Health and Human Services, ating Permit Program; Approval of Expan- Commerce. transmitting the Department’s final rule— sion of State Program Under Section 112(l); 9618. A letter from the Deputy Associate Topical Otic Drug Products for Over-the- State of Colorado [CO–001a; FRL–6851–2] re- Administrator, Environmental Protection Counter Human Use; Products for Drying ceived August 10, 2000, pursuant to 5 U.S.C. Agency, transmitting the Agency’s final Water-Clogged Ears; Amendment of Mono- 801(a)(1)(A); to the Committee on Commerce. rule—Approval and Promulgation of Imple- graph; Lift of Partial Stay of Effective Date 9609. A letter from the Small Business Ad- mentation Plans Georgia: Approval of Revi- [Docket No. 77N–334S] (RIN: 0910–A01) re- vocacy Chair, Environmental Protection sions for a Transportation Control Measure ceived August 16, 2000, pursuant to 5 U.S.C. Agency, transmitting the Agency’s final [GA54–200025; FRL–6865–8] received August 23, 801(a)(1)(A); to the Committee on Commerce. rule—Approval and Promulgation of Air 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9600. A letter from the Director, Regula- Quality Implementation Plans; Common- Committee on Commerce. tions Policy and Management Staff, FDA, wealth of Pennsylvania; Approval of Revi- 9619. A letter from the Deputy Associate Department of Health and Human Services, sions to Volatile Organic Compounds Regula- Administrator, Environmental Protection transmitting the Department’s final rule— tions [PA156–4104a; FRL–6847–3] received Au- Agency, transmitting the Agency’s final Gastroenterology and Urology Devices; Re- gust 10, 2000, pursuant to 5 U.S.C. rule—Approval and Promulgation of State classification of the Extracorporeal Shock 801(a)(1)(A); to the Committee on Commerce. Implementation Plans; Michigan [MI43–7283; Wave Lithotripter [Docket No. 98N–1134] re- 9610. A letter from the Small Business Ad- FRL–6851–5] received August 23, 2000, pursu- ceived August 16, 2000, pursuant to 5 U.S.C. vocacy Chair, Environmental Protection ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Commerce. Agency, transmitting the Agency’s final on Commerce. 9601. A letter from the Director, Regula- rule—OMB Approvals Under the Paperwork 9620. A letter from the Deputy Associate tions Policy and Management Staff, FDA, Reduction Act; Technical Amendment [FRL– Administrator, Environmental Protection

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.001 H06SE0 17188 CONGRESSIONAL RECORD—HOUSE September 6, 2000 Agency, transmitting the Agency’s final eral Communications Commission, transmit- ment of Section 73.202(b), Table of Allot- rule—Use of Alternative Analytical Test ting the Commission’s final rule—Amend- ments, FM Broadcast Stations (Elberton and Methods in the Reformulated Gasoline Pro- ment of Section 73.622(b), Table of Allot- Lavonia, Georgia) [MM Docket No. 99–343; gram [FRL–6855–8] received August 29, 2000, ments, Digital Television Broadcast Stations RM–9750] In re Application of Waves of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (Albany, Georgia) [MM Docket No. 99–319; Mercy Productions, Inc. Pendergrass, Geor- mittee on Commerce. RM–9756] received August 9, 2000, pursuant to gia [BPED–19990630MB] For Construction 9621. A letter from the Deputy Associate 5 U.S.C. 801(a)(1)(A); to the Committee on Permit for New Noncommercial Educational Administrator, Environmental Protection Commerce. FM Station—received August 16, 2000, pursu- Agency, transmitting the Agency’s final 9630. A letter from the Chairman, Federal ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule—Approval and Promulgation of State Communications Commission, transmitting on Commerce. Air Quality Plans for Designated Facilities the Triennial Report to Congress on market, 9639. A letter from the Special Assistant to and Pollutants; Maryland; Control of Emis- entry barriers in the telecommunications in- the Bureau Chief, Mass Media Bureau, Fed- sions from Existing Hospital/Medical/Infec- dustry; to the Committee on Commerce. eral Communications Commission, transmit- tious Waste Incinerators [MD–103–3055a; 9631. A letter from the Special Assistant, ting the Commission’s final rule—Amend- FRL–6862–4] received August 29, 2000, pursu- Mass Media Bureau, Federal Communica- ment of Section 73.202(b), Table of Allot- ments, FM Broadcast Stations. (Fountain ant to 5 U.S.C. 801(a)(1)(A); to the Committee tions Commission, transmitting the Com- Green and Levan, Utah) [MM Docket No. 99– on Commerce. mission’s final rule—Amendment of Parts 1, 222; RM–9602; RM–9789] received August 16, 9622. A letter from the Deputy Associate 21 and 74 to Enable Multipoint Distribution 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Administrator, Environmental Protection Service and Instructional Television Fixed Committee on Commerce. Agency, transmitting the Agency’s final Service Licensees to Engage in Fixed Two- 9640. A letter from the Special Assistant to rule—Approval and Promulgation of Way Transmissions [MM Docket 97–217] re- the Bureau Chief, Mass Media Bureau, Fed- Implentation Plans; Texas; Control of Air ceived August 16, 2000, pursuant to 5 U.S.C. eral Communications Commission, transmit- Pollution from Volatile Organic Compounds, 801(a)(1)(A); to the Committee on Commerce. ting the Commission’s final rule—Amend- Transfer Operations, Loading and Unloading 9632. A letter from the Attorney Advisor, ment of Section 73.202(b), Table of Allot- of Volatile Organic Compounds [TX–116–1– Common Carrier Bureau, Accounting Policy ments, FM Broadcast Stations. (Minerva, 7437a; FRL–6862–5] received August 29, 2000, Division, Federal Communications Commis- New York) [MM Docket No. 99–345 RM–9782] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sion, transmitting the Commission’s final received August 16, 2000, pursuant to 5 U.S.C. mittee on Commerce. rule—Federal-State Joint Board on Uni- 801(a)(1)(A); to the Committee on Commerce. 9623. A letter from the Deputy Associate versal Service [CC Docket No. 96–45] received 9641. A letter from the Special Assistant to Administrator, Environmental Protection August 16, 2000, pursuant to 5 U.S.C. the Bureau Chief, Mass Media Bureau, Fed- Agency, transmitting the Agency’s final 801(a)(1)(A); to the Committee on Commerce. eral Communications Commission, transmit- rule—Approval and Promulgation of Imple- 9633. A letter from the Attorney Advisor, ting the Commission’s final rule—Amend- mentation; New Jersey; Nitrogen Oxides Common Carrier Bureau, Accounting Policy ment of Section 73.202(b), Table of Allot- Budget and Allowance Trading Program [Re- Division, Federal Communications Commis- ments, FM Broadcast Stations. (Mason, Men- gion II Docket No. NJ36–2–213, FRL–6860–1] sion, transmitting the Commission’s final ard and Fredericksburg, Texas) [MM Docket received August 29, 2000, pursuant to 5 U.S.C. rule—Federal-State Joint Board on Uni- No. 99–215 RM–9337, RM–9892] received August 801(a)(1)(A); to the Committee on Commerce. versal Service [CC Docket No. 96–45] received 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 9624. A letter from the Deputy Associate August 16, 2000, pursuant to 5 U.S.C. the Committee on Commerce. Administrator, Environmental Protection 801(a)(1)(A); to the Committee on Commerce. 9642. A letter from the Special Assistant to Agency, transmitting the Agency’s final 9634. A letter from the Special Assistant to the Bureau Chief, Mass Media Bureau, Fed- rule—Revisions to the California State Im- the Bureau Chief, Mass Media Bureau, Fed- eral Communications Commission, transmit- plementation Plan, San Joaquin Valley Uni- eral Communications Commission, transmit- ting the Commission’s final rule—Amend- fied Air Pollution Control District [CA 217– ting the Commission’s final rule—Amend- ment of Section 73.202(b), Table of Allot- 024B; FRL–6852–5] received August 29, 2000, ment of Section 73.202(b), Table of Allot- ments, FM Broadcast Stations. (Hayward, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ments, FM Broadcast Stations. (Boulder Wisconsin) [MM Docket No. 00–23; RM–9819] mittee on Commerce. City, Nevada, Bullhead City, Lake Havasu received August 16, 2000, pursuant to 5 U.S.C. 9625. A letter from the Deputy Associate City, Kingman, Dolan Springs, and Mohave 801(a)(1)(A); to the Committee on Commerce. Administrator, Environmental Protection Valley, Arizona, and Ludlow, California) 9643. A letter from the Special Assistant to Agency, transmitting the Agency’s final [MM Docket No. 99–271; RM–9696; RM–9800] the Bureau Chief, Mass Media Bureau, Fed- rule—Approval and Promulgation of Air received August 16, 2000, pursuant to 5 U.S.C. eral Communications Commission, transmit- Quality Implementation Plans; Maryland; 801(a)(1)(A); to the Committee on Commerce. ting the Commission’s final rule—Amend- Control of Iron and Steel Production Instal- 9635. A letter from the Special Assistant to ment of Section 73.202(b), Table of Allot- lations [MD008/052–3052; FRL–6845–8] received the Chief, Mass Media Bureau, Federal Com- ments, FM Broadcast Stations. (Saint Regis, Montana) [MM Docket No. 99–225; RM–9635] August 29, 2000, pursuant to 5 U.S.C. munications Commission, transmitting the received August 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. Commission’s final rule—Amendment of Sec- 801(a)(1)(A); to the Committee on Commerce. 9626. A letter from the Chief, Terrorism tion 73.202(b), FM Table of Allotments, FM 9644. A letter from the Associate Chief, and Violent Crime Section, Criminal Divi- Broadcast Stations. (Pacific Junction, Iowa) WTB, Federal Communications Commission, sion,, Environmental Protection Agency and [MM Docket No. 99–50; RM–9425] received Au- transmitting the Commission’s final rule— Department of Justice, transmitting the gust 16, 2000, pursuant to 5 U.S.C. Reorganization and Revision of Parts 1, 2, 21, Agency’s final rule—Accidental Release Pre- 801(a)(1)(A); to the Committee on Commerce. and 94 of the Rules to Establish a New Part vention Requirements; Risk Management 9636. A letter from the Special Assistant to 101 Governing Terrestrial Microwave Fixed Programs Under the Clean Air Act Section the Bureau Chief, Mass Media Bureau, Fed- Radio Services [WT Docket No. 94–148] 112(r)(7); Distribution of Off-Site Con- eral Communications Commission, transmit- Amendment of Part 21 of the Commission’s sequence Analysis Information (RIN: 2050– ting the Commission’s final rule—Amend- Rules for the Domestic Public Fixed Radio AE80) (RIN: 1105–AA70) received August 4, ment of Section 73.202(b), Table of Allot- Services [CC Docket No. 93–2] McCaw Cel- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ments, FM Broadcast Stations. (Scappoose lular Communications, Inc. Petition for Rule Committee on Commerce. and Tillamook, Oregon) [MM Docket No. 99– Making [RM–7861] Amendment of Part 101 of 9627. A letter from the Deputy Chief, Ac- 276; RM–9702] received August 16, 2000, pursu- the Commission’s Rules to Streamline Proc- counting Policy Division, Common Carrier ant to 5 U.S.C. 801(a)(1)(A); to the Committee essing of Microwave Applications in the Bureau, Federal Communications Commis- on Commerce. Wireless Telecommunications Services [WT sion, transmitting the Commission’s final 9637. A letter from the Special Assistant to Docket No. 00–19] Telecommunications In- rule—Federal-State Board on Universal the Bureau Chief, Mass Media Bureau, Fed- dustry Association Petition for Rukemaking Service [CC Docket No. 96–45] Changes to the eral Communications Commission, transmit- [RM–9418] Received August 25, to the Com- Board of Directors Of the National Exchange ting the Commission’s final rule—Amend- mittee on Commerce. Carriers Association, Inc. [CC Docket No. 97– ment of Section 73.202(b), Table of Allot- 9645. A letter from the Assoc. Bureau Chief/ 21] received August 1, 2000, pursuant to 5 ments, FM Broadcast Stations (Stratford Wireless Telecommunications, WTB/CWD/ U.S.C. 801(a)(1)(A); to the Committee on and LINCOLN, New Hampshire) [MM Docket Policy & Rules Branch, Federal Communica- Commerce. No. 99–84; RM–9501; RM–9594] received August tions Commission, transmitting the Com- 9628. A letter from the Chairman, Federal 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mission’s final rule—Amendment to the Communications Commission, transmitting the Committee on Commerce. Commission’s Rules Regarding a Plan for the Auction Expenditures Report for Fiscal 9638. A letter from the Special Assistant to Sharing the Costs of Microwave Relocation Year 1999; to the Committee on Commerce. the Bureau Chief, Mass Media Bureau, Fed- [WT Docket No. 95–157 RM–8643] received Au- 9629. A letter from the Special Assistant to eral Communications Commission, transmit- gust 22, 2000, pursuant to 5 U.S.C. the Bureau Chief, Mass Media Bureau, Fed- ting the Commission’s final rule—Amend- 801(a)(1)(A); to the Committee on Commerce.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17189 9646. A letter from the Associate Bureau change Commission, transmitting the Com- 9665. A communication from the President Chief, WTB, Federal Communications Com- mission’s final rule—Selective Disclosure of the United States, transmitting the Presi- mission, transmitting the Commission’s and Insider Trading [Release Nos. 33–7881, 34– dent’s bimonthly report on progress toward a final rule—Amendment of the Commission’s 43154, IC–24599, File No. S7–31–99] (RIN: 3235– negotiated settlement of the Cyprus prob- Rules Regarding Multiple Address Systems AH82) received August 15, 2000, pursuant to 5 lem, covering the period April 1 to May 31, [WT Docket No. 97–81] received August 22, U.S.C. 801(a)(1)(A); to the Committee on 2000, pursuant to 22 U.S.C. 2373(c); to the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce. Committee on International Relations. Committee on Commerce. 9656. A letter from the Deputy Secretary, 9666. A communication from the President 9647. A letter from the Special Assistant to Division of Market Regulation, Securities of the United States, transmitting his notifi- the Bureau Chief, Mass Media Bureau, Fed- and Exchange Commission, transmitting the cation of his declaration continuing the na- eral Communications Commission, transmit- Commission’s final rule—Unlisted Trading tional emergency regarding export control ting the Commission’s final rule—Amend- Privledges [Release No. 34–43217; File No. S7– regulations, pursuant to 50 U.S.C. 1621(a); (H. ment of Section 73.202(b), Table of Allot- 29–99] (RIN: 3235–AH85) received August 30, Doc. No. 106–282); to the Committee on Inter- ments, FM Broadcast Stations (Keesville and 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the national Relations and ordered to be printed. Dannemora, New York) [MM Docket No. 99– Committee on Commerce. 9667. A letter from the Assistant Legal Ad- 285, RM–9717, RM–9808] received August 22, 9657. A communication from the President viser for Treaty Affairs, Department of 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the United States, transmitting notifica- State, transmitting Copies of international Committee on Commerce. tion that the Iraqi emergency is to continue agreements, other than treaties, entered into 9648. A letter from the Special Assistant to in effect beyond August 2, 2000, pursuant to by the United States, pursuant to 1 U.S.C. the Bureau Chief, Mass Media Bureau, Fed- 50 U.S.C. 1622(d); (H. Doc. No. 106–279); to the 112b(a); to the Committee on International eral Communications Commission, transmit- Committee on International Relations and Relations. ting the Commission’s final rule—Amend- ordered to be printed. 9668. A letter from the Assistant Legal Ad- ment of Section 73.202(b), FM Table of Allot- 9658. A communication from the President viser for Treaty Affairs, Department of ments, FM Broadcast Stations (Angel Fire, of the United States, transmitting a report State, transmitting Copies of international Chama, Taos, New Mexico) [MM Docket No. on developments concerning the national agreements, other than treaties, entered into 99–116 RM–9536] received August 22, 2000, pur- emergency with respect to Iraq that was de- by the United States, pursuant to 1 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- clared in Executive Order No. 12722 of August 112b(a); to the Committee on International mittee on Commerce. 2, 1990, pursuant to 50 U.S.C. 1703(c); (H. Doc. Relations. 9649. A letter from the Association Bureau No. 106–280); to the Committee on Inter- 9669. A communication from the President Chiefs, Wireless Telecommunications Bu- national Relations and ordered to be printed. of the United States, transmitting a supple- reau, PSPWD, Federal Communications 9659. A letter from the Lieutenant General, mental report, consistent with the War Pow- Commission, transmitting the Commission’s Director, Defense Security Cooperation ers Resolution, to help ensure that the Con- final rule—The Development of Operational, Agency, transmitting the Department of the gress is kept fully informed on continued Technical and Spectrum Requirements For Navy’s proposed lease of defense articles to U.S. contributions in support of peace- Meeting Federal, State and Local Public Spain (Transmittal No. 07–00), pursuant to 22 keeping efforts in the former Yugoslavia; (H. Safety Agency Communication Require- U.S.C. 2776(a); to the Committee on Inter- Doc. No. 106–281); to the Committee on Inter- ments Through the Year 2010 [WT Docket national Relations. national Relations and ordered to be printed. No. 96–86] Establishment of Rules and Re- 9660. A letter from the Director, Inter- 9670. A letter from the Program Manager, quirements For Priority Access Service—re- national Cooperation, Acquisition and Tech- Bureau of Alcohol, Tobacco and Firearms, ceived August 29, 2000, pursuant to 5 U.S.C. nology, Department of Defense, transmitting transmitting the Bureau’s final rule—Imple- 801(a)(1)(A); to the Committee on Commerce. a copy of Transmittal No. 14–00 which con- mentation of the Model Regulations for the 9650. A letter from the General Counsel, stitutes a Request for Final Approval to con- Control of the International Movement of Federal Energy Regulatory Commission, clude Amendment 1 to the Memorandum of Firearms, Their Parts and Components, and transmitting the Commission’s final rule— Understanding with the Secretary of Defense Ammunition [T.D. ATF–426] (RIN: 1512–AC01) Optional Certificate and Abandonment Pro- of the United Kingdom of Great Britain and received June 21, 2000, pursuant to 5 U.S.C. cedures for Applications for New Service Northern Ireland Concerning 801(a)(1)(A); to the Committee on Inter- Under Section 7 of the Natural Gas Act Counterterrorism Research and Develop- national Relations. [Docket No. RM00–5–000; Order No. 615] re- ment, pursuant to 22 U.S.C. 2767(f); to the 9671. A letter from the Assistant Secretary ceived August 3, 2000, pursuant to 5 U.S.C. Committee on International Relations. for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Commerce. 9661. A letter from the Director, Inter- transmitting a notification, pursuant to Sec- 9651. A letter from the General Counsel, national Cooperation, Acquisition and Tech- tion 42(b) of the Arms Export Control Act, Federal Energy Regulatory Commission, nology, Department of Defense, transmitting that the Government of Egypt has requested transmitting the Commission’s final rule— a copy of Transmittal No. 11–00 which con- that the United States Government permit Depreciation Accounting [Docket No. RM99– stitutes a Request for Final Approval to con- the use of Foreign Military Financing for the 7–000; Order No. 618] received August 9, 2000, clude the agreement between the US and sale and limited coproduction of 120mm pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Germany concerning In-Service Support of training ammunition; to the Committee on mittee on Commerce. the Rolling Airframe Missile (RAM) Guided International Relations. 9652. A letter from the Secretary, Bureau Weapon System, pursuant to 22 U.S.C. 9672. A letter from the Assistant Secretary of Consumer Protection, Federal Trade Com- 2767(f); to the Committee on International for Legislative Affairs, Department of State, mission, transmitting the Commission’s Relations. transmitting the Department’s final rule— final rule—Trade Regulation Rule on Care 9662. A letter from the Director, Inter- Schedule of Fees for Consular Services, De- Labeling of Textile Wearing Apparel and national Cooperation, Acquisition and Tech- partment of State and Overseas Embassies Certain Piece Goods—received August 23, nology, Department of Defense, transmitting and Consulates—received August 9, 2000, pur- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the a copy of Transmittal No. 10–00 which con- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Commerce. stitutes a Request for Final Approval to con- mittee on International Relations. 9653. A letter from the Director, Office of clude Amendment 5 to the 76/62 Oto Melara 9673. A letter from the Assistant Secretary Congressional Affairs, Nuclear Material Compact Gun (OMCG) Cooperative Support for Legislative Affairs, Department of State, Safety and Safeguards, Nuclear Regulatory Memorandum of Understanding (MOU), pur- transmitting a report concerning compliance Commission, transmitting the Commission’s suant to 22 U.S.C. 2767(f); to the Committee by the Government of Cuba with the U.S.- final rule—Medical Use of Byproduct Mate- on International Relations. Cuba Migration Accords of September 9, 1994, rial; Policy Statement, Revision—received 9663. A letter from the Director, Inter- and May 2, 1995; to the Committee on Inter- August 1, 2000, pursuant to 5 U.S.C. national Cooperation, Acquisition and Tech- national Relations. 801(a)(1)(A); to the Committee on Commerce. nology, Department of Defense, transmitting 9674. A communication from the President 9654. A letter from the Deputy Secretary, a copy of Transmittal No. 12–00 which con- of the United States, transmitting a periodic Division of Corporate Finance, Securities stitutes a Request for Final Approval for the report, consistent with the War Powers Res- and Exchange Commission, transmitting the Agreement concerning the NATO Trans- olution, on the U.S. military forces sup- Commission’s final rule—Financial State- atlantic Advances Radar (NATAR) Project, porting the International Force East Timor ments and Periodic Reports For Related pursuant to 22 U.S.C. 2767(f); to the Com- (INTERFET); (H. Doc. No. 106–288); to the Issuers and Guarantors [Release Nos. 33–7878; mittee on International Relations. Committee on International Relations and 34–43124; International Series No. 1229; FR–55; 9664. A communication from the President ordered to be printed. File No. S7–7–99] (RIN: 3235–AH52) received of the United States, transmitting Progress 9675. A letter from the Chairman, Council August 9, 2000, pursuant to 5 U.S.C. toward a negotiated settlement of the Cy- of the District of Columbia, transmitting a 801(a)(1)(A); to the Committee on Commerce. prus question covering the period June 1 to copy of D.C. Act 13–375, ‘‘Fiscal Year 2001 9655. A letter from the Deputy Secretary, July 31, 2000, pursuant to 22 U.S.C. 2373(c); to Budget Support Act of 2000’’—received Au- Office of General Counsel, Securities and Ex- the Committee on International Relations. gust 9, 2000, pursuant to D.C. Code section 1–

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 17190 CONGRESSIONAL RECORD—HOUSE September 6, 2000 233(c)(1); to the Committee on Government List: Additions—received August 18, 2000, fice of Personnel Management, transmitting Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Office’s final rule—Cost-of-Living Allow- 9676. A letter from the Auditor, District of mittee on Government Reform. ances (Nonforeign Areas); Honolulu, HI (RIN: Columbia, transmitting a copy of a report 9688. A letter from the Comptroller Gen- 3206–AI38) received August 4, 2000, pursuant entitled ‘‘Current Status of the Contract for eral, transmitting a report on General Ac- to 5 U.S.C. 801(a)(1)(A); to the Committee on the District’s Consolidated Real Property In- counting Office Employees detailed to con- Government Reform. ventory System,’’ pursuant to D.C. Code sec- gressional committees as of July 14, 2000; to 9698. A letter from the Director, Office of tion 47–117(d); to the Committee on Govern- the Committee on Government Reform. Personnel Management, Office of Personnel ment Reform. 9689. A letter from the Chief Financial Offi- Management, transmitting the Office’s final 9677. A letter from the Auditor, District of cer, Department of Agriculture, transmit- rule—Pay Administration; Back Pay; Holi- Columbia, transmitting a copy of a report ting the Department’s final rule—Uniform days; and Physicians’ Comparability Allow- entitled ‘‘Review of Metropolitan Police De- Administrative Requirements for Grants and ances (RIN: 3206–AI61) received August 9, partment Vehicles Purchased during Fiscal Cooperative Agreements to State and Local 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Years 1996 and 1997,’’ pursuant to D.C. Code Governments and Uniform Administrative Committee on Government Reform. section 47–117(d); to the Committee on Gov- Requirements for Grants and Agreements 9699. A letter from the Director, Employ- ernment Reform. with Institutions of Higher Education, Hos- ment Service, Workforce Restructuring Of- 9678. A letter from the Auditor, District of pitals, and Other Non-Profit Organizations fice, Office of Personnel Management, trans- Columbia, transmitting a copy of a report (RIN: 0503–AA16) received August 23, 2000, mitting the Office’s final rule—Career Tran- entitled ‘‘Statutory Audit of Advisory pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sition Assistance for Surplus and Displaced Neighborhood Commission 4C for the Period mittee on Government Reform. Federal Employees (RIN: 3206–AI39) received October 1, 1995 through September 30, 1999,’’ 9690. A letter from the Under Secretary of August 9, 2000, pursuant to 5 U.S.C. pursuant to D.C. Code section 47–117(d); to Commerce for Intellectual Property and Di- 801(a)(1)(A); to the Committee on Govern- the Committee on Government Reform. rector, Patent and Trademark Office, De- ment Reform. 9679. A letter from the Comptroller Gen- partment of Commerce, transmitting the De- 9700. A letter from the Director, Office of eral, General Accounting Office, transmit- partment’s final rule—Public Information, Personnel Management, transmitting the Of- ting List of all reports issued or released by Freedom of Information and Privacy (RIN: fice’s final rule—Prevailing Rate Systems; the GAO in June 2000, pursuant to 31 U.S.C. 0651–AB21) received August 25, 2000, pursuant Miscellaneous Changes to Certain Federal 719(h); to the Committee on Government Re- to 5 U.S.C. 801(a)(1)(A); to the Committee on Wage System Wage Areas (RIN: 3206–AJ21) form. Government Reform. received August 9, 2000, pursuant to 5 U.S.C. 9680. A letter from the Investing Manager, 9691. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Govern- Treasury Division, Army and Air Force Ex- for Environmental Management, Depart- ment Reform. change Service, transmitting transmitting ment of Energy, transmitting notification of 9701. A letter from the Director, WCPS/ the annual report disclosing the financial intent to enter into a three-year extension OCA/SWSD, Office of Personnel Manage- condition of the Retirement Plan and An- to contract DE–AC22–96EW96405 with MSE ment, transmitting the Office’s final rule— nual Report as required by Public Law 95– Technology Applications, Incorporated Prevailing Rate Systems; Abolishment of the 595, pursuant to 31 U.S.C. 9503(a)(1)(B); to the (MSE–TA) using other competitive proce- Philadelphia, PA, Special Wage Schedule for Committee on Government Reform. dures; to the Committee on Government Re- Printing Positions (RIN: 3206–AJ22) received 9681. A letter from the Attorney General, form. August 29, 2000, pursuant to 5 U.S.C. 9692. A letter from the Assistant General transmitting the semiannual report on the 801(a)(1)(A); to the Committee on Govern- Counsel for Regulations, Office of Inspector activities of the Office of Inspector General ment Reform. General, Department of Housing and Urban for the period October 1, 1999, through March 9702. A letter from the Librarian of Con- Development, transmitting the Depart- 31, 2000; and the semiannual management re- gress, transmitting the report of the activi- ment’s final rule—Implementation of the port for the same period, pursuant to 5 ties of the Library of Congress, including the Privacy Act of 1974 [Docket No. FR–4575–F– U.S.C. app. (Insp. Gen. Act) section 5(b); to Copyright Office, for the fiscal year ending 03] (RIN: 2508–AA11) received August 22, 2000, the Committee on Government Reform. September 30, 1999, pursuant to 2 U.S.C. 139; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9682. A letter from the Chairman, Broad- to the Committee on House Administration. mittee on Government Reform. casting Board of Governors, transmitting the 9693. A letter from the Management Ana- 9703. A letter from the Secretary of the In- Fair Act of 1998 Commercial Activities In- lyst, Department of Justice, transmitting terior, transmitting the 1999 Annual Report ventory, in accordance with Public Law 105– the semiannual report on activities of the In- for the Office of Surface Mining Reclamation 270; to the Committee on Government Re- spector General for the period October 1, and Enforcement (OSM), pursuant to 30 form. 1999, through March 31, 2000, pursuant to 5 U.S.C. 1211(f), 1267(g), and 1295; to the Com- 9683. A letter from the Executive Director, U.S.C. app. (Insp. Gen. Act) section 5(b); to mittee on Resources. Committee For Purchase From People Who the Committee on Government Reform. 9704. A letter from the Assistant Secretary, Are Blind Or Severely Disabled, transmitting 9694. A letter from the Director, Employee Land and Minerals Management, Engineer- the Committee’s final rule—Procurement Benefits/Payroll/HRIS, Farm Credit District, ing and Operations Division, Department of List: Additions and Deletions—received July transmitting transmitting the annual report the Interior, transmitting the Department’s 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to disclosing the financial condition of the Re- final rule—Oil and Gas and Sulpher Oper- the Committee on Government Reform. tirement Plan and Annual Report as re- ations in the Outer Continental Shelf-Sub- 9684. A letter from the Executive Director, quired by Public Law 95–595, pursuant to 31 part O-Well Control and Production Safety Committee For Purchase From People Who U.S.C. 9503(a)(1)(B); to the Committee on Training (RIN: 1010–AC41) received August 7, Are Blind Or Severely Disabled, transmitting Government Reform. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee’s final rule—Procurement 9695. A letter from the Acting Director, Of- Committee on Resources. List: Additions—received August 9, 2000, pur- fice of General Counsel & Legal Policy, Of- 9705. A letter from the Assistant Secretary suant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Government Ethics, transmitting the for Fish and Wildlife and Parks, Office of Mi- mittee on Government Reform. Office’s final rule—Standards of Ethical Con- gratory Bird Management, Department of 9685. A letter from the Executive Director, duct for Employees of the Executive Branch; the Interior, transmitting the Department’s Committee For Purchase From People Who Definition of Compensation for Purposes of final rule—Migratory Bird Permits; Deter- Are Blind Or Severely Disabled, transmitting Prohibition on Acceptance of Compensation mination That the State of Delaware Meets the Committee’s final rule—Procurement in Connection with Certain Teaching, Speak- Federal Falconry Standards (RIN: 1018–AF93) List: Additions and Deletions—received Au- ing and Writing Activities (RIN: 3209–AAO4) received August 9, 2000, pursuant to 5 U.S.C. gust 17, 2000; to the Committee on Govern- received August 22, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. ment Reform. 801(a)(1)(A); to the Committee on Govern- 9706. A letter from the Acting Director, Of- 9686. A letter from the Executive Director, ment Reform. fice of Surface Mining, Department of the In- Committee For Purchase From People Who 9696. A letter from the Director, Workforce terior, transmitting the Department’s final Are Blind Or Severely Disabled, transmitting Compensation and Performance Service, Of- rule—West Virginia Regulatory Program the Committee’s final rule—Procurement fice of Personnel Management, transmitting [WV–085–FOR] received August 14, 2000, pur- List: Additions and Deletions—received Au- the Office’s final rule—Cost-of-Living Allow- suant to 5 U.S.C. 801(a)(1)(A); to the Com- gust 25, 2000, pursuant to 5 U.S.C. ances (Nonforeign Areas); Guam and the mittee on Resources. 801(a)(1)(A); to the Committee on Govern- Commonwealth of the Northern Mariana Is- 9707. A letter from the Assistant Secretary, ment Reform. lands (RIN: 3206–AJ15) received August 4, Land & Minerals Management, Department 9687. A letter from the Executive Director, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the Interior, transmitting the Depart- Committee For Purchase From People Who Committee on Government Reform. ment’s final rule—Leasing of Solid Minerals Are Blind Or Severely Disabled, transmitting 9697. A letter from the Director, Workforce Other Than Coal and Oil Shale [WO–320–1990– the Committee’s final rule—Procurement Compensation and Performance Service, Of- 01–24 A] (RIN: 1004–AC49) received August 16,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17191 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Administration’s final rule—Atlantic Atmospheric Administration, transmitting Committee on Resources. Highly Migratory Species (HMS); Atlantic the Administration’s final rule—Fisheries of 9708. A letter from the Acting Assistant Bluefin Tuna Specifications and HMS Regu- the Northeastern United States; Spiny Secretary for Fish and Wildlife and Parks, latory Amendment [Docket No. 000515139– Dogfish Fishery; Commercial Quota Har- Fish and Wildlife Service, Department of the 0203–02; I.D. 041200D] (RIN: 0648–AO03) re- vested for Period 1 [Docket No. 000426114– Interior, transmitting the Department’s ceived August 1, 2000, pursuant to 5 U.S.C. 0114–01; I.D. 072600D] received August 9, 2000, final rule—Migratory Bird Hunting; Final 801(a)(1)(A); to the Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Frameworks for Early-Season Migratory 9716. A letter from the Acting Director, Of- mittee on Resources. Bird Hunting Regulations (RIN: 1018–AG08) fice of Sustainable Fisheries, National Ma- 9724. A letter from the Acting Director, Of- received August 18, 2000, pursuant to 5 U.S.C. rine Fisheries Service, National Oceanic and fice of Sustainable Fisheries, National Ma- 801(a)(1)(A); to the Committee on Resources. Atmospheric Administration, transmitting rine Fisheries Service, National Oceanic and 9709. A letter from the Acting Assistant the Administration’s final rule—Fisheries of Atmospheric Administration, transmitting Secretary for Fish and Wildlife and Parks, the Exclusive Economic Zone Off Alaska; Pe- the Administration’s final rule—Fisheries of U.S. Fish and Wildlife Service, Department lagic Shelf Rockfish in the Central Regu- the Northeastern United States; Summer of the Interior, transmitting the Depart- latory Area of the Gulf of Alaska [Docket Flounder Fishery; Commercial Quota Har- ment’s final rule—Migratory Bird Hunting; No. 000211039–0039–01; I.D. 072500A] received vested for Connecticut [Docket No. 000119014– Early Seasons and Bag and Possessions Lim- August 1, 2000, pursuant to 5 U.S.C. 0137–02; I.D. 072400E] received August 9, 2000, its for Certain Migratory Game Birds in the 801(a)(1)(A); to the Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Contiguous United States, Alaska, Hawaii, 9717. A letter from the Acting Director, Of- mittee on Resources. Puerto Rico, and the Virgin Islands (RIN: fice of Sustainable Fisheries, National Ma- 9725. A letter from the Acting Director, Of- 1018–AG08) received August 29, 2000, pursuant rine Fisheries Service, National Oceanic and fice of Sustainable Fisheries, National Ma- to 5 U.S.C. 801(a)(1)(A); to the Committee on Atmospheric Administration, transmitting rine Fisheries Service, National Oceanic and Resources. the Administration’s final rule—Fisheries of Atmospheric Administration, transmitting 9710. A letter from the Acting Director, Of- the Exclusive Economic Zone Off Alaska; Pe- the Administration’s final rule—Fisheries of fice of Sustainable Fisheries, National Ma- lagic Shelf Rockfish in the West Yakutat the Exclusive Economic Zone Off Alaska; rine Fisheries Service, National Oceanic and District of the Gulf of Alaska [Docket No. Arrowtooth Flounder in the Western Regu- Atmospheric Administration, transmitting 000211039–0039–1] received August 1, 2000, pur- latory Area of the Gulf of Alaska [Docket the Administration’s final rule—Fisheries of suant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 000211039–0039–01; I.D. 073100A] received the Exclusive Economic Zone Off Alaska; mittee on Resources. August 9, 2000, pursuant to 5 U.S.C. Pollock for Processing by the Inshore Com- 9718. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Resources. ponent in the Bering Sea Subarea [Docket fice of Sustainable Fisheries, National Ma- 9726. A letter from the Acting Director, Of- No. 000211040–0040–01; I.D. 072800A] received rine Fisheries Service, National Oceanic and fice of Sustainable Fisheries, National Ma- August 1, 2000, pursuant to 5 U.S.C. Atmospheric Administration, transmitting rine Fisheries Service, National Oceanic and 801(a)(1)(A); to the Committee on Resources. the Administration’s final rule—Fisheries of Atmospheric Administration, transmitting 9711. A letter from the Acting Director, Of- the Exclusive Economic Zone Off Alaska; the Administration’s final rule—Fisheries of fice of Sustainable Fisheries, National Ma- Other Rockfish in the West Yakutat District the Exclusive Economic Zone Off Alaska; Pa- rine Fisheries Service, National Oceanic and of the Gulf of Alaska [Docket 000211039–0039– cific Cod in the Western Regulatory Area of Atmospheric Administration, transmitting 01; I.D. 072500D] received August 1, 2000, pur- the Gulf of Alaska [Docket No. 000211039– the Administration’s final rule—Fisheries of suant to 5 U.S.C. 801(a)(1)(A); to the Com- 0039–01; I.D. 073100B] received August 9, 2000, the Exclusive Economic Zone Off Alaska; mittee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Northern Rockfish in the Western Regu- 9719. A letter from the Acting Director, Of- mittee on Resources. latory Area of the Gulf of Alaska [Docket fice of Sustainable Fisheries, National Ma- 9727. A letter from the Acting Director, Of- No. 000211039–0039–01; I.D. 072400C] received rine Fisheries Service, National Oceanic and fice of Sustainable Fisheries, National Ma- August 1, 2000, pursuant to 5 U.S.C. Atmospheric Administration, transmitting rine Fisheries Service, National Oceanic and 801(a)(1)(A); to the Committee on Resources. the Administration’s final rule—Fisheries of Atmospheric Administration, transmitting 9712. A letter from the Acting Director, Of- the Exclusive Economic Zone Off Alaska; the Administration’s final rule—Atlantic fice of Sustainable Fisheries, National Ma- Northern Rockfish in the Central Regulatory Highly Migratory Species; Atlantic Bluefin rine Fisheries Service, National Oceanic and Area of the Gulf of Alaska [Docket No. Tuna [I.D. 061500D] received August 9, 2000, Atmospheric Administration, transmitting 000211039–0039–01; I.D. 072500C] received Au- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Administration’s final rule—Fisheries of gust 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Resources. the Exclusive Economic Zone Off Alaska; Sa- to the Committee on Resources. 9728. A letter from the Acting Director, Of- blefish by Vessels Using Trawling Gear in 9720. A letter from the Under Secretary, fice of Sustainable Fisheries, National Ma- the Central Regulatory Area of the Gulf of Ocean and Atmosphere, National Oceanic rine Fisheries Service, National Oceanic and Alaska [Docket No. 990304062–9062–02; I.D. and Atmospheric Administration, transmit- Atmospheric Administration, transmitting 072400B] received August 1, 2000, pursuant to ting the annual report of the Coastal Zone the Administration’s final rule—Atlantic 5 U.S.C. 801(a)(1)(A); to the Committee on Management Fund for the National Oceanic Highly Migratory Species Fisheries; Atlantic Resources. and Atmospheric Administration for fiscal Bluefin Tuna [I.D. 072100C] received August 9713. A letter from the Acting Director, Of- year 1999, pursuant to 16 U.S.C. 1456a(b)(3); to 14, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to fice of Sustainable Fisheries, National Ma- the Committee on Resources. the Committee on Resources. rine Fisheries Service, National Oceanic and 9721. A letter from the Acting Director, Of- 9729. A letter from the Assistant Adminis- Atmospheric Administration, transmitting fice of Sustainable Fisheries, National Ma- trator for Fisheries, National Marine Fish- the Administration’s final rule—Fisheries of rine Fisheries Service, National Oceanic and eries Service, National Oceanic and Atmos- the Exclusive Economic Zone Off Alaska; Pa- Atmospheric Administration, transmitting pheric Administration, transmitting the Ad- cific Ocean Perch in the Western Aleutian the Administration’s final rule—Fisheries of ministration’s final rule—Atlantic Highly District of the Bering Sea and Aleutian Is- the Northeastern United States; Scup Fish- Migratory Species; Pelagic Longline Man- lands [Docket No. 000211040–0040–01; I.D. ery; Commercial Quota Harvested for Sum- agement [Docket No. 991210332–0212–02; I.D. 072000A] received August 1, 2000, pursuant to mer Period [Docket No. 000119014–0137–02; I.D. 110499B] (RIN: 0648–AM79) received August 14, 5 U.S.C. 801(a)(1)(A); to the Committee on 072600E] received August 3, 2000, pursuant to 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Resources. 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Resources. 9714. A letter from the Acting Director, Of- Resources. 9730. A letter from the Acting Assistant fice of Sustainable Fisheries, Domestic Fish- 9722. A letter from the Acting Director, Of- Administrator for Fisheries, National Ma- eries Division, National Oceanic and Atmos- fice of Sustainable Fisheries, National Ma- rine Fisheries Service, National Oceanic and pheric Administration, transmitting the Ad- rine Fisheries Service, National Oceanic and Atmospheric Administration, transmitting ministration’s final rule—Fisheries of the Atmospheric Administration, transmitting the Administration’s final rule—Fisheries of Northeastern United States; Black Sea Bass the Administration’s final rule—Fisheries off the Exclusive Economic Zone Off Alaska; Fishery; Commercial Quota Harvested for the West Coast States and in the Western Closure of Critical Habitat Pursuant to a Quarter 3 Period [Docket No. 000119014–0137– Pacific; Pacific Coast Groundfish Fishery; Court Order [Docket No. 991228352–0229–04; 02; I.D. 071800B] received August 1, 2000, pur- Trip Limit Adjustments [Docket No. I.D. 080800A] (RIN: 0648–A044) received Au- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 991223347–9347; I.D. 071200C] received August gust 16, 2000, pursuant to 5 U.S.C. mittee on Resources. 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Resources. 9715. A letter from the Acting Director, Of- the Committee on Resources. 9731. A letter from the Acting Director, Of- fice of Sustainable Fisheries, National Ma- 9723. A letter from the Acting Director, Of- fice of Sustainable Fisheries, National Ma- rine Fisheries Service, National Oceanic and fice of Sustainable Fisheries, National Ma- rine Fisheries Service, National Oceanic and Atmospheric Administration, transmitting rine Fisheries Service, National Oceanic and Atmospheric Administration, transmitting

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 17192 CONGRESSIONAL RECORD—HOUSE September 6, 2000 the Administration’s final rule—Fisheries of 9739. A letter from the Acting Director, Of- 9748. A letter from the Assistant Secretary the Exclusive Economic Zone Off Alaska; fice of Sustainable Fisheries, NMFS, Na- for Legislative Affairs, Department of State, Pollock in Statistical Areas 620 and 630 in tional Oceanic and Atmospheric Administra- transmitting the Department’s final rule— the Gulf of Alaska [Docket No. 991228352– tion, transmitting the Administration’s final Documentation of Nonimmigrants Under the 0012–02; I.D. 081800B] received August 25, 2000, rule—Fisheries of the Caribbean, Gulf of Immigration and Nationality Act, as Amend- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mexico, and South Atlantic; Coastal Migra- ed—Addition of Department of Labor for Ap- mittee on Resources. tory Pelagic Resources of the Gulf of Mexico proval of Certain Nonimmigrant Petitions— 9732. A letter from the Assistant Adminis- and South Atlantic; Closure [Docket No. received August 25, 2000, pursuant to 5 U.S.C. trator for Fisheries, National Marine Fish- 970930235–8028–02; I.D. 082300B] received Au- 801(a)(1)(A); to the Committee on the Judici- eries Service, National Oceanic and Atmos- gust 29, 2000, pursuant to 5 U.S.C. ary. pheric Administration, transmitting the Ad- 801(a)(1)(A); to the Committee on Resources. 9749. A letter from the Secretary, Federal ministration’s final rule—Fisheries of the 9740. A letter from the Acting Director, Of- Trade Commission, transmitting the Com- Exclusive Economic Zone Off Alaska; Alloca- fice of Sustainable Fisheries, NMFS, Na- mission’s Twenty-Second Annual Report to tion of Pacific Cod Among Vessels Using tional Oceanic and Atmospheric Administra- Congress pursuant to section 7A of the Clay- Hook-and-line or Pot Gear in the Bering Sea tion, transmitting the Administration’s final ton Act, pursuant to 15 U.S.C. 18a(j); to the and Aleutian Islands [Docket No. 000511130– rule—Fisheries of the Exclusive Economic Committee on the Judiciary. 0237–02 I.D. 032900C] (RIN: 0648–AN25) received Zone Off Alaska; Deep-water Species Fishery 9750. A letter from the Director, Office of General Counsel & Legal Policy, Office of August 25, 2000, pursuant to 5 U.S.C. by Vessels Using Trawl Gear in the Gulf of Government Ethics, transmitting the Of- 801(a)(1)(A); to the Committee on Resources. Alaska [Docket No. 000211039–0039–01; I.D. fice’s final rule—Exemption Under 18 U.S.C. 9733. A letter from the Deputy Assistant 082200A] received August 29, 2000, pursuant to 208(b) (2) for Financial Interests of Non-Fed- Administrator for Fisheries, National Ma- 5 U.S.C. 801(a)(1)(A); to the Committee on eral Government Employers in the Decennial rine Fisheries Service, National Oceanic and Resources. Census (RIN: 3209–AA09) received August 1, Atmospheric Administration, transmitting 9741. A letter from the Assistant Attorney 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Administration’s final rule—Fisheries of General, Department of Justice, transmit- Committee on the Judiciary. the Caribbean, Gulf of Mexico, and South At- ting the report on the administration of the Foreign Agents Registration Act covering 9751. A letter from the Under Secretary of lantic; Snapper-Grouper Fishery off the Commerce for Intellectual Property and Di- Southern Atlantic States; Amendment 12 the six months ended December 31, 1999, pur- suant to 22 U.S.C. 621; to the Committee on rector, Patent and Trademark Office, trans- [Docket No. 000502120–0215–02; I.D. 041000E] mitting the Office’s final rule—Revision of (RIN: 0648–AN39) received August 25, 2000, the Judiciary. 9742. A letter from the Under Secretary of Patent Fees for Fiscal Year 2001 (RIN: 0651– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Commerce for Intellectual Property and Di- AB01) received August 7, 2000, pursuant to 5 mittee on Resources. rector, Patent and Trademark Office, De- U.S.C. 801(a)(1)(A); to the Committee on the 9734. A letter from the Deputy Assistant partment of Commerce, transmitting the Of- Judiciary. Administrator for Fisheries, National Ma- fice’s final rule—Changes to Implement the 9752. A letter from the Under Secretary of rine Fisheries Service, National Oceanic and Patent Business Goals [Docket No. 980826226– Commerce for Intellectual Property and Di- Atmospheric Administration, transmitting 0202–03] (RIN: 0651–AA98) received August 25, rector, Patent and Trademark Office, trans- the Administration’s final rule—Fisheries of 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Office’s final rule—Request for the Northeastern United States; Northeast Committee on the Judiciary. Continued Examination Practice and Multispecies Fishery; Framework Adjust- 9743. A letter from the General Counsel, Changes to Provisional Application Practice ment 35 to the Northeast Multispecies Fish- Executive Office for Immigration Review, (RIN: 0651–AB13) received August 10, 2000, ery Management Plan [Docket No. 000803226– Department of Justice, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0226–01; I.D. 070500D] (RIN: 0648–AO15) re- partment’s final rule—Professional Conduct mittee on the Judiciary. ceived August 29, 2000, pursuant to 5 U.S.C. for Practitioners—Rules and Procedures 9753. A letter from the Chair, United States 801(a)(1)(A); to the Committee on Resources. [EOIR No. 112F; A.G. Order No. 2309–2000] Sentencing Commission, transmitting the 1999 annual report of the activities of the 9735. A letter from the Acting Director, Of- (RIN: 1125–AA13) received August 9, 2000, pur- Commission, pursuant to 28 U.S.C. 997; to the fice of Sustainable Fisheries Service, NMFS, suant to 5 U.S.C. 801(a)(1)(A); to the Com- National Oceanic and Atmospheric Adminis- Committee on the Judiciary. mittee on the Judiciary. 9754. A letter from the Program Analyst, tration, transmitting the Administration’s 9744. A letter from the Acting Assistant FAA, Department of Transportation, trans- final rule—Fisheries of the Exclusive Eco- Attorney General, Office of Justice Pro- mitting the Department’s final rule—Stand- nomic Zone Off Alaska; Shallow-water Spe- grams, Department of Justice, transmitting ard Instrument Approach Procedures; Mis- cies Fishery by Vessels Using Trawl Gear in the Department’s final rule—Environmental cellaneous Amendments [Docket No. 30120; the Gulf of Alaska [Docket No. 000211039– Impact Review Procedures for the VOI/TIS Amdt. No. 2001] received July 31, 2000, pursu- 0039–01; I.D. 08100C] received August 29, 2000, Grant Program [OJP(OJP)-1277] (RIN: 1121– ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA52) received August 9, 2000, pursuant to 5 on Transportation and Infrastructure. mittee on Resources. U.S.C. 801(a)(1)(A); to the Committee on the 9736. A letter from the Assistant Adminis- 9755. A letter from the Program Analyst, Judiciary. FAA, Department of Transportation, trans- trator for Fisheries, National Marine Fish- 9745. A letter from the Deputy Director, Of- eries Service, National Oceanic and Atmos- mitting the Department’s final rule—Stand- fice of Enforcement Policy, Wage and Hour ard Instrument Approach Procedures; Mis- pheric Administration, transmitting the Ad- Division, Department of Labor, transmitting ministration’s final rule—Fisheries of the cellaneous Amendments [Docket No. 30121; the Department’s final rule—Attestations by Amdt. No. 2002] received July 31, 2000, pursu- Caribbean, Gulf of Mexico, and South Atlan- Facilities Temporarily Employing H–1C Non- tic; Reef Fish Fishery of the Gulf of Mexico; ant to 5 U.S.C. 801(a)(1)(A); to the Committee immigrant Aliens as Registered Nurses (RIN: on Transportation and Infrastructure. Red Snapper Management Measures [Docket 1205–AB27) received August 23, 2000, pursuant 9756. A letter from the Program Analyst, No. 000810231–0231–01; I.D. 042400I] (RIN: 0648– to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- AM04) received August 29, 2000, pursuant to 5 the Judiciary. mitting the Department’s final rule—Air- U.S.C. 801(a)(1)(A); to the Committee on Re- 9746. A letter from the Assistant Secretary worthiness Directives; Stemme GmbH & Co. sources. for Legislative Affairs, Department of State, KG Models S10–V and S10–VT Sailplanes 9737. A letter from the Acting Director, Of- transmitting the Department’s final rule— [Docket No. 99–CE–25–AD; Amendment 39– fice of Sustainable Fisheries, National Oce- Documentation of Immigrants and Non- 11832; AD 2000–15–03] (RIN: 2120–AA64) re- anic and Atmospheric Administration, trans- immigrants Under the Immigration and Na- ceived July 31, 2000, pursuant to 5 U.S.C. mitting the Administration’s final rule—At- tionality Act, as Amended—Change in Proce- 801(a)(1)(A); to the Committee on Transpor- lantic Highly Migratory Species (HMS) Fish- dures for Payment of Immigrant Visa Fees tation and Infrastructure. eries; Vessel Monitoring Systems [Docket [Public Notice 3377] received August 29, 2000, 9757. A letter from the Program Analyst, No. 981216308–9124–02; I.D. 040500B] (RIN: 0648– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- AJ67) received August 29, 2000, pursuant to 5 mittee on the Judiciary. mitting the Department’s final rule—Air- U.S.C. 801(a)(1)(A); to the Committee on Re- 9747. A letter from the Assistant Secretary worthiness Directives; Boeing Model 747 Se- sources. for Legislative Affairs, Department of State, ries Airplanes [Docket No. 99–NM–335–AD; 9738. A letter from the Acting Director, Of- transmitting the Department’s final rule— Amendment 39–11810; AD 2000–14–01] (RIN: fice of Sustainable Fisheries, National Oce- Documentation of Nonimmigrants Under the 2120–AA64) received July 31, 2000, pursuant to anic and Atmospheric Administration, trans- Immigration and Nationality Act, as Amend- 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Administration’s final rule—At- ed—Waiver of Nonimmigrant Visa Fees for Transportation and Infrastructure. lantic Highly Migratory Species Fisheries; Members of Observer Missions to the United 9758. A letter from the Program Analyst, Atlantic Bluefin Tuna [I.D. 080300A] received Nations—received August 25, 2000, pursuant FAA, Department of Transportation, trans- August 29, 2000, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Resources. the Judiciary. worthiness Directives; McDonnell Douglas

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17193 Model DC–10–10, –15, –30, and –40 Series Air- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Zone Regulation for San Juan Harbor, Puer- planes; Model MD–10–10F and MD–10–30F Se- mittee on Transportation and Infrastruc- to Rico [COTP San Juan 00–065] (RIN: 2115– ries Airplanes; and KC–10A (Military) Air- ture. AA97) received August 7, 2000, pursuant to 5 planes [Docket No. 98–NM–288–AD; Amend- 9767. A letter from the Acting Chief, Office U.S.C. 801(a)(1)(A); to the Committee on ment 39–11820; AD 2000–14–10] (RIN: 2120– of Regulations and Administrative Law, Transportation and Infrastructure. AA64) received July 31, 2000, pursuant to 5 USCG, Department of Transportation, trans- 9776. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Safety FAA, Department of Transportation, trans- Transportation and Infrastructure. Zone; Gastineau Channel, Juneau, AK [COTP mitting the Department’s final rule—Air- 9759. A letter from the Program Analyst, Southeast Alaska 00–005] (RIN: 2115–AA97) re- worthiness Directives; Boeing Model 747–400 FAA, Department of Transportation, trans- ceived August 4, 2000, pursuant to 5 U.S.C. Series Airplanes [Docket No. 2000–NM–151– mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Transpor- AD; Amendment 39–11831; AD 2000–15–02] worthiness Directives; Boeing Model 747 Se- tation and Infrastructure. (RIN: 2120–AA64) received August 14, 2000, ries Airplanes [Docket No. 99–NM–64–AD; 9768. A letter from the Acting Chief, Office pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment 39–11821; AD 2000–14–11] (RIN: of Regulations and Administrative Law, mittee on Transportation and Infrastruc- 2120–AA64) received July 31, 2000, pursuant to USCG, Department of Transportation, trans- ture. 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Safety 9777. A letter from the Program Analyst, Transportation and Infrastructure. Zone: New York Harbor, Western Long Is- FAA, Department of Transportation, trans- 9760. A letter from the Program Analyst, land Sound, East and Hudson Rivers Fire- mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- works [CGD01–00–004] (RIN: 2115–AA97) re- worthiness Directives; Boeing Model 747–100, mitting the Department’s final rule—Air- ceived August 4, 2000, pursuant to 5 U.S.C. –200, –300, 747SR, and 747SP Series Airplanes worthiness Directives; Boeing Model 737–200, 801(a)(1)(A); to the Committee on Transpor- [Docket No. 97–Nm-88–Ad; Amendment 39– –300, –400, and –500 Series Airplanes [Docket tation and Infrastructure. 1748; AD 2000–10–23] (RIN: 2120–AA64) received No. 2000–NM–103–AD; Amendment 39–11823; 9769. A letter from the Program Analyst, August 14, 2000, pursuant to 5 U.S.C. AD 2000–14–13] (RIN: 2120–AA64) July 31, 2000, FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- tation and Infrastructure. mittee on Transportation and Infrastruc- worthiness Directives; McDonnell Douglas 9778. A letter from the Program Analyst, ture. Model MD–11 Series Airplanes [Docket No. FAA, Department of Transportation, trans- 9761. A letter from the Program Analyst, 2000–NM–30–AD; Amendment 39–11829; AD mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- 2000–14–18] (RIN: 2120–AA64) received August worthiness Directives; Boeing Model 727 Se- mitting the Department’s final rule—Air- 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to ries Airplanes Modified in Accordance with worthiness Directives; Short Brothers Model the Committee on Transportation and Infra- Valsan Supplemental Type Certificate (STC) SD3–60 Series Airplanes [Docket No. 2000– structure. SA4363NM [Docket No. 2000–NM–248–AD; NM–12–AD; Amendment 39–11818; AD 2000–14– 9770. A letter from the Program Analyst, Amendment 39–11838; AD 90–15–12R1] (RIN: 09] (RIN: 2120–AA64) received July 31, 2000, FAA, Department of Transportation, trans- 2120–AA64) received August 14, 2000, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- worthiness Directives; Air Tractor, Inc. Mod- Transportation and Infrastructure. ture. els AT–501, AT–502, and AT–501A Airplanes 9779. A letter from the Program Analyst, 9762. A letter from the Acting Chief, Office [Docket No. 2000–CE–40–AD; Amendment 39– FAA, Department of Transportation, trans- of Regulations and Administrative Law, 11837; AD 2000–14–51] (RIN: 2120–AA64) re- mitting the Department’s final rule—Revi- USCG, Department of Transportation, trans- ceived August 4, 2000, pursuant to 5 U.S.C. sion of Class E airspace, North Bend, OR mitting the Department’s final rule—Special 801(a)(1)(A); to the Committee on Transpor- [Airspace Docket No. 99–ANM–12] received Local Regulations; Harbour Town Fireworks tation and Infrastructure. August 10, 2000, pursuant to 5 U.S.C. Display, Calibogue Sound, Hilton Head, SC 9771. A letter from the Acting Chief, Regu- 801(a)(1)(A); to the Committee on Transpor- [CGD07–00–062] (RIN: 2115–AE46) received Au- lations and Administrative Law, USCG, De- tation and Infrastructure. gust 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); partment of Transportation, transmitting 9780. A letter from the Attorney, RSPA, to the Committee on Transportation and In- the Department’s final rule—Security Zone: Department of Transportation, transmitting frastructure. Dignitary Arrival/Departure and United Na- the Department’s final rule—Hazardous Ma- 9763. A letter from the Acting Chief, Office tions Meetings, New York, NY [CGD01–00– terials; Miscellaneous Amendments [Docket of Regulations and Administrative Law, 146] (RIN: 2115–AA97) received August 7, 2000, No. RSPA–99–6213 (HM–218)] (RIN: 2137–AD16) USCG, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received August 10, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Safety mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- Zone: Manchester Fourth of July Fireworks, ture. tation and Infrastructure. Manchester, Massachusetts [CGD1–00–157] 9772. A letter from the Acting Chief, Office 9781. A letter from the ACC for General (RIN: 2115–AA97) received August 4, 2000, pur- of Regulations and Administrative Law, Law, NHTSA, Department of Transpor- suant to 5 U.S.C. 801(a)(1)(A); to the Com- USCG, Department of Transportation, trans- tation, transmitting the Department’s final mittee on Transportation and Infrastruc- mitting the Department’s final rule—Safety rule—State Highway Safety Data and Traffic ture. and Security Zones: Presidential Visit, Mar- Records Improvements [Docket No. NHTSA– 9764. A letter from the Acting Chief, Office tha’s Vineyard, MA [CGD01–00–190] (RIN: 98–4532] (RIN: 2127–AH43) received August 10, of Regulations and Administrative Law, 2115–AA97A) received August 7, 2000, pursu- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the USCG, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Transportation and Infra- mitting the Department’s final rule—Safety on Transportation and Infrastructure. structure. Zone Regulations, Seafair Blue Angels Per- 9773. A letter from the Acting Chief, Office 9782. A letter from the Program Analyst, formance, Lake Washington, WA [CGD13–00– of Regulations and Administrative Law, FAA, Department of Transportation, trans- 022] (RIN: 2115–AA97) received August 4, 2000, USCG, Department of Transportation, trans- mitting the Department’s final rule—Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Tem- worthiness Directives; Air Tractor, Inc. Mod- mittee on Transportation and Infrastruc- porary Regulations: OPSAIL 2000, Port of els AT–501, AT–502, and AT–502A Airplanes ture. New London, CT [CGD01–99–203] (RIN: 2115– [Docket No. 2000–CE–40–AD; Amendment 39– 9765. A letter from the Acting Chief, Office AA98, AA84, AE46) received August 7, 2000, 11837; AD 2000–14–51] (RIN: 2120–AA64) re- of Regulations and Administrative Law, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived August 10, 2000, pursuant to 5 U.S.C. USCG, Department of Transportation, trans- mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—United ture. tation and Infrastructure. States Army Bridge Exercise across the Ar- 9774. A letter from the Acting Chief, Office 9783. A letter from the Program Analyst, kansas River [COTP Memphis, TN Regula- of Regulations and Administrative Law, FAA, Department of Transportation, trans- tion 00–014] (RIN: 2115–AA97) received August USCG, Department of Transportation, trans- mitting the Department’s final rule—Amend- 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule—Safety ment to Class E Airspace; Atwood, KS; Cor- the Committee on Transportation and Infra- Zone: Staten Island Fireworks, Arthur Kill rection [Airspace Docket No. 00–ACE–19] re- structure. [CGD01–00–015] (RIN: 2115–AA97) received Au- ceived August 17, 2000, pursuant to 5 U.S.C. 9766. A letter from the Acting Chief, Office gust 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); to the Committee on Transpor- of Regulations and Administrative Law, to the Committee on Transportation and In- tation and Infrastructure. USCG, Department of Transportation, trans- frastructure. 9784. A letter from the Program Analyst, mitting the Department’s final rule—Safety 9775. A letter from the Acting Chief, Office FAA, Department of Transportation, trans- Zone: USS JOHN F. KENNEDY, Boston Har- of Regulations and Administrative Law, mitting the Department’s final rule—Rev- bor, Boston, Massachusetts [CGD01–00–130] USCG, Department of Transportation, trans- ocation of Restricted Area R–3302 Savanna; (RIN: 2115–AA97) received August 4, 2000, pur- mitting the Department’s final rule—Safety IL [Airspace Docket No. 00–AGL–21] (RIN:

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 17194 CONGRESSIONAL RECORD—HOUSE September 6, 2000 2120–AA66) received August 17, 2000, pursuant Committee on Transportation and Infra- worthiness Directives; McDonnell Douglas to 5 U.S.C. 801(a)(1)(A); to the Committee on structure. Model DC–10 Series Airplanes [Docket No. Transportation and Infrastructure. 9795. A letter from the Program Analyst, 99–NM–214–AD; Amendment 39–11835; AD 9785. A letter from the Program Analyst, FAA, Department of Transportation, trans- 2000–15–06] (RIN: 2120–AA64) received August FAA, Department of Transportation, trans- mitting the Department’s final rule—Modi- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule—Amend- fication of Class E Airspace; Ionia, MI [Air- the Committee on Transportation and Infra- ment of VOR Federal Airway V–162 [Airspace space Docket No. 00–AGL–13] received Au- structure. Docket No. 00–AEA–1] (RIN: 2120–AA66) re- gust 17, 2000, pursuant to 5 U.S.C. 9805. A letter from the Program Analyst, ceived August 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. mitting the Department’s final rule—Air- tation and Infrastructure. 9796. A letter from the Program Analyst, worthiness Directives; McDonnell Douglas 9786. A letter from the Program Analyst, FAA, Department of Transportation, trans- Model DC–10 Series Airplanes [Docket No. FAA, Department of Transportation, trans- mitting the Department’s final rule—Estab- 99–NM–215–AD; Amendment 39–11836; AD mitting the Department’s final rule—Modi- lishment of Class E Airspace; Greenwood/ 2000–15–07] (RIN: 2120–AA64) received August fication of Class E airspace; Wenatchee, WA Wonder Lake, IL [Airspace Docket No. 00– 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to [Airspace Docket No. 00–ANM–07] received AGL–12] received August 17, 2000, pursuant to the Committee on Transportation and Infra- August 17, 2000, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on structure. 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 9806. A letter from the Program Analyst, tation and Infrastructure. 9797. A letter from the Program Analyst, FAA, Department of Transportation, trans- 9787. A letter from the Program Analyst, FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- mitting the Department’s final rule—Modi- worthiness Directives; Bell Helicopter Tex- tron Canada Model 407 Helicopters [Docket mitting the Department’s final rule—Revi- fication pf Class E Airspace; SHELBYville, IN sion of Class E Airspace, Englewood, CO [Air- [Airspace Docket No. 00–AGL–11] received No. 2000–SW–10–AD; Amendment 39–11827; AD space Docket No. 00–ANM–01] received Au- August 11, 2000, pursuant to 5 U.S.C. 2000–14–16] (RIN: 2120–AA64) received August gust 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. the Committee on Transportation and Infra- tation and Infrastructure. 9798. A letter from the Program Analyst, structure. 9807. A letter from the Program Analyst, 9788. A letter from the Program Analyst, FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- mitting the Department’s final rule—Amend- mitting the Department’s final rule—Air- mitting the Department’s final rule—Amend- ment to Class E Airspace; Elkhart, KS [Air- worthiness Directives; McCauley Propeller ment to Class E Airspace; Washington, MO space Docket No. 00–ACE–22] received August Model 4HFR34C653/L106FA–0 [Docket No. [Airspace Docket No. 00–ACE–24] received 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 2000–NE–17–AD; Amendment 39–11842; AD August 17, 2000, pursuant to 5 U.S.C. the Committee on Transportation and Infra- 2000–15–10] (RIN: 2120–AA64) received August 801(a)(1)(A); to the Committee on Transpor- structure. 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. 9799. A letter from the Program Analyst, the Committee on Transportation and Infra- 9789. A letter from the Program Analyst, FAA, Department of Transportation, trans- structure. FAA, Department of Transportation, trans- mitting the Department’s final rule—Estab- 9808. A letter from the Program Analyst, mitting the Department’s final rule—Modi- lishment of Class D Airspace; Kissimmee, FL FAA, Department of Transportation, trans- fication of Class D Airspace; Chicago, Aurora [Airspace Docket No. 00–ASO–23] received mitting the Department’s final rule—Air- Municipal Airport, IL; and modification of August 17, 2000, pursuant to 5 U.S.C. worthiness Directives; Sikorsky Aircraft Class E Airspace; Chicago, Aurora Municipal 801(a)(1)(A); to the Committee on Transpor- Corporation Model S–76 Series Helicopters Airport, IL [Airspace Docket No. 00–AGL–15] tation and Infrastructure. [Docket No. 2000–SW–26–AD; Amendment 39– received August 17, 2000, pursuant to 5 U.S.C. 9800. A letter from the Program Analyst, 11861; AD 2000–11–52] (RIN: 2120–AA64) re- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- ceived August 17, 2000, pursuant to 5 U.S.C. tation and Infrastructure. mitting the Department’s final rule—Estab- 801(a)(1)(A); to the Committee on Transpor- 9790. A letter from the Program Analyst, lishment of Class D Airspace; Oak Grove, NC tation and Infrastructure. FAA, Department of Transportation, trans- [Airspace Docket No. 00–ASO–24] received 9809. A letter from the Program Analyst, mitting the Department’s final rule—Modi- August 17, 2000, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- fication of Class D Airspace; Gary, IN; and 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- modification of Class E Airspace; Gary, IN tation and Infrastructure. worthiness Directives; Bell Hellicopter Tex- [Airspace Docket No. 00–AGL–16] received 9801. A letter from the Program Analyst, tron Canada Model 430 Helicopters [Docket August 17, 2000, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- No. 99–SW–84–AD; Amendment 39–11860; AD 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- 2000–16–06] (RIN: 2120–AA64) received August tation and Infrastructure. worthiness Directives; Honeywell Inter- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 9791. A letter from the Program Analyst, national Inc. TFE731–2, –3, –4, and –5 Series the Committee on Transportation and Infra- FAA, Department of Transportation, trans- Turbofan Engines [Docket No. 99–NE–10–AD; structure. mitting the Department’s final rule—Modi- Amendment 39–11841; AD 2000–15–09] (RIN: 9810. A letter from the Program Analyst, fication of Class E Airspace; Marquette, MI 2120–AA64) received August 17, 2000, pursuant FAA, Department of Transportation, trans- [Airspace Docket No. 00–AGL–02] received to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- August 17, 2000, pursuant to 5 U.S.C. Transportation and Infrastructure. worthiness Directives; Bell Helicopter Tex- 801(a)(1)(A); to the Committee on Transpor- 9802. A letter from the Program Analyst, tron Inc.-manufactured Model HH–1K, TH– tation and Infrastructure. FAA, Department of Transportation, trans- 1F, TH–1L, UH–1A, UH–1B, UH–1E, UH–1F, 9792. A letter from the Program Analyst, mitting the Department’s final rule—Air- UH–1H, UH–1L, and UH–1P; and Southwest FAA, Department of Transportation, trans- worthiness Directives; McDonnell Douglas Florida Aviation SW204, SW204HP, SW205, mitting the Department’s final rule—Re- Model DC–8 Series Airplanes [Docket No. and SW205A–1 Helicopters [Docket No. 2000– alignment of Jet Route J–151 (RIN: 2120–AA 2000–NM–100–AD; Amendment 39–11843; AD SW–01–AD; Amendment 39–11854; AD 2000–15– 66) received August 17, 2000, pursuant to 5 2000–15–11] (RIN: 2120–AA64) received August 21] (RIN: 2120–AA64) received August 17, 2000, U.S.C. 801(a)(1)(A); to the Committee on 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. the Committee on Transportation and Infra- mittee on Transportation and Infrastruc- 9793. A letter from the Program Analyst, structure. ture. FAA, Department of Transportation, trans- 9803. A letter from the Program Analyst, 9811. A letter from the Program Analyst, mitting the Department’s final rule—Estab- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- lishment of Class D Airspace; Boca Raton, mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- FL [Airspace Docket No. 00–ASO–22] received worthiness Directives; McDonnell Douglas worthiness Directives; Eurocopter France August 17, 2000, pursuant to 5 U.S.C. Model DC–10–10, –10F, –15, –30, –30F (KC–10A Model SA–365N, N1, and AS–365N2, N3 Heli- 801(a)(1)(A); to the Committee on Transpor- and KDC–10 Military), –40, and –40F Series copters [Docket No. 2000–SW–09–AD; Amend- tation and Infrastructure. Airplanes [Docket No. 99–NM–211–AD; ment 39–11852; AD 2000–15–19] (RIN: 2120– 9794. A letter from the Program Analyst, Amendment 39–11834; AD 2000–15–05] (RIN: AA64) received August 17, 2000, pursuant to 5 FAA, Department of Transportation, trans- 2120–AA64) received August 17, 2000, pursuant U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Estab- to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. lishment of Class E Airspace; Minneapolis, Transportation and Infrastructure. 9812. A letter from the Program Analyst, Crystal Airport, MN Correction [Airspace 9804. A letter from the Program Analyst, FAA, Department of Transportation, trans- Docket No. 00–AGL–10] received August 17, FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Air- worthiness Directives; Airbus Model A319,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17195 A320, and A321 Series Airplanes [Docket No. peake Challenge, Patapsco River, Baltimore, [CGD01–00–203] (RIN: 2115–AA97) received Au- 99–NM–331–AD; Amendment 39–11769; AD Maryland [CGD05–00–032] (RIN: 2115–AE46) re- gust 22, 2000, pursuant to 5 U.S.C. 2000–11–21] (RIN: 2120–AA64) received August ceived August 25, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. the Committee on Transportation and Infra- tation and Infrastructure. 9831. A letter from the Acting Chief, Office structure. 9822. A letter from the Acting Chief, Office of Regulations and Administrative Law, 9813. A letter from the Regulations Officer, of Regulations and Administrative Law, USCG, Department of Transportation, trans- FHA, Department of Transportation, trans- USCG, Department of Transportation, trans- mitting the Department’s final rule—Draw- mitting the Department’s final rule—Payroll mitting the Department’s final rule—Traffic bridge Operation Regulations: Westchester and Related Expenses of Public Employees; Separation Schemes: Off San Francisco, in Creek, Bronx River, and Hutchinson River, General Administration and Other Overhead; the Santa Barbara Channel, in the Ap- NY [CGD01–99–070] (RIN: 2115–AE47) received and Cost Accumulation Centers and Dis- proaches to Los Angeles-Long Beach, Cali- August 22, 2000, pursuant to 5 U.S.C. tribution Methods (RIN: 2125–AE74) received fornia [USCG–1999–5700] (RIN: 2115–AF84) re- 801(a)(1)(A); to the Committee on Transpor- August 17, 2000, pursuant to 5 U.S.C. ceived August 25, 2000, pursuant to 5 U.S.C. tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- 9832. A letter from the Acting Chief, Office tation and Infrastructure. tation and Infrastructure. of Regulations and Administrative Law, 9814. A letter from the Regulations Officer, 9823. A letter from the Acting Chief, Office USCG, Department of Transportation, trans- FHA, Department of Transportation, trans- of Regulations and Administrative Law, mitting the Department’s final rule—Draw- mitting the Department’s final rule—Tem- USCG, Department of Transportation, trans- bridge Operation Regulations: Gowanus porary Matching Fund Waiver (RIN: 2125– mitting the Department’s final rule—Draw- Canal, NY [CGD01–99–067] (RIN: 2115–AE47) AE76) received August 17, 2000, pursuant to 5 bridge Operation Regulations: Harlem River, received August 22, 2000, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on NY [CGD01–00–205] (RIN: 2115–AE47) received 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. August 25, 2000, pursuant to 5 U.S.C. tation and Infrastructure. 9815. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 9833. A letter from the Acting Chief, Office FAA, Department of Transportation, trans- tation and Infrastructure. of Regulations and Administrative Law, mitting the Department’s final rule—Gen- 9824. A letter from the Program Analyst, USCG, Department of Transportation, trans- eral Rulemaking Procedures [Docket No. FAA, Department of Transportation, trans- mitting the Department’s final rule—Draw- FAA 1999–6622; Amendment No. 11–46] (RIN: mitting the Department’s final rule—Stand- bridge Operation Regulations: Newtown, 2120–AG95) received August 17, 2000, pursuant ard Instrument Approach Procedures; Mis- Creek, Dutch Kills, English Kills and their to 5 U.S.C. 801(a)(1)(A); to the Committee on cellaneous Amendments [Docket No. 30149; tributaries, NY [CGD01–99–069] (RIN: 2115– Transportation and Infrastructure. Amdt. No. 2004] received August 25, 2000, pur- AE47) received August 22, 2000, pursuant to 5 9816. A letter from the Acting Chief, Office suant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on of Regulations and Administrative Law, mittee on Transportation and Infrastruc- Transportation and Infrastructure. USCG, Department of Transportation, trans- ture. 9834. A letter from the Acting Chief, Office mitting the Department’s final rule—Special 9825. A letter from the Program Analyst, of Regulations and Administrative Law, Local Regulations; Eighth Coast Guard Dis- FAA, Department of Transportation, trans- USCG, Department of Transportation, trans- trict Annual Marine Events [CGD 08–99–066] mitting the Department’s final rule—Revi- mitting the Department’s final rule—Safety (RIN: 2115–AE46) received August 17, 2000, sions to Digital Flight Data Recorder Re- Zone Regulations: Tampa Bay, Florida pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quirements for Airbus Airplanes [Docket No. [COTP Tampa 00–061] (RIN: 2115–AA97) re- mittee on Transportation and Infrastruc- FAA–2000–7830; Amendment Nos. 121–278 & ceived August 22, 2000, pursuant to 5 U.S.C. ture. 125–34] (RIN: 2120–AH08) received August 25, 801(a)(1)(A); to the Committee on Transpor- 9817. A letter from the Acting Chief, Office 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. of Regulations and Administrative Law, Committee on Transportation and Infra- 9835. A letter from the Trial Attorney, Fed- USCG, Department of Transportation, trans- structure. eral Railroad Administration, Department of mitting the Department’s final rule—SAFE- 9826. A letter from the Attorney, NHTSA, Transportation, transmitting the Depart- TY ZONE REGULATIONS; Guayanilla Bay, Department of Transportation, transmitting ment’s final rule—Policy on the Safety of Guayanilla, Puerto Rico [COTP San Juan 00– the Department’s final rule—Open Container Railroad Bridges [Docket No. RST–94–3, No- 059] (RIN: 2115–AA97) received August 17, Laws [Docket No. NHTSA–99–4493] (RIN: tice No. 2] received August 29, 2000, pursuant 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2127–AH41) received August 25, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. structure. Transportation and Infrastructure. 9836. A letter from the Assistant Chief 9818. A letter from the Acting Chief, Office 9827. A letter from the Chief Counsel, Saint Counsel, Federal Highway Administration, of Regulations and Administrative Law, Lawrence Seaway Development Corporation, Department of Transportation, transmitting USCG, Department of Transportation, trans- Department of Transportation, transmitting the Department’s final rule—Safety Fitness mitting the Department’s final rule—Draw- the Department’s final rule—Seaway Regula- Procedures [Docket No. FMCSA–99–5467 (For- bridge Operating Regulation; Bayou Boeuf, tions and Rules: Miscellaneous Amendments merly Docket No. FHWA–99–5467)] (RIN: 2126– LA [CGD08–00–017] received August 17, 2000, [Docket No. SLSDC 2000–7543] (RIN: 2135– AA42 (Formerly RIN: 2125–AE56)) received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA11) received August 25, 2000, pursuant to 5 August 29, 2000, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- ture. Transportation and Infrastructure. tation and Infrastructure. 9819. A letter from the Acting Chief, Office 9828. A letter from the Acting Chief, Office 9837. A letter from the Small Business Ad- of Regulations and Administrative Law, of Regulations and Administrative Law, vocacy Chair, Environmental Protection USCG, Department of Transportation, trans- USCG, Department of Transportation, trans- Agency, transmitting the Agency’s final mitting the Department’s final rule—Draw- mitting the Department’s final rule—Safety rule—Identification of Approved and Dis- bridge Operation Regulations: Atlantic In- Zone: Fireworks Display, Hudson River, Pier approved Elements of the Great Lakes Guid- tracoastal Waterway, mile 739.2, Jackson- 84, NY [CGD01–00–204] (RIN: 2115–AA97) re- ance Submission From the States of Michi- ville, FL [CGD 07–00–066] (RIN: 2115–AE47) re- ceived August 22, 2000, pursuant to 5 U.S.C. gan, Ohio, Indiana, and Illinois, and Final ceived August 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- Fule [FRL–6846–3] received August 1, 2000, 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. 9829. A letter from the Acting Chief, Office mittee on Transportation and Infrastruc- 9820. A letter from the Acting Chief, Office of Regulations and Administrative Law, ture. of Regulations and Administrative Law, USCG, Department of Transportation, trans- 9838. A letter from the Small Business Ad- USCG, Department of Transportation, trans- mitting the Department’s final rule—Safety vocacy Chair, Environmental Protection mitting the Department’s final rule—Draw- Zone; Chesapeake Bay, Hampton, VA Agency, transmitting the Agency’s final bridge Operation Regulations: Elizabeth [CGD05–00–035] (RIN: 2115–AA97) received Au- rule—Fiscal Year 2001 Chesapeake Bay Pro- River, NJ [CGD01–00–194] (RIN: 2115–AE47) re- gust 22, 2000, pursuant to 5 U.S.C. gram Activity Grants: Request for Proposals ceived August 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- and Guidelines and Application Package—re- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. ceived August 10, 2000, pursuant to 5 U.S.C. tation and Infrastructure. 9830. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- 9821. A letter from the Acting Chief, Office of Regulations and Administrative Law, tation and Infrastructure. of Regulations and Administrative Law, USCG, Department of Transportation, trans- 9839. A letter from the Deputy Associate USCG, Department of Transportation, trans- mitting the Department’s final rule—SAFE- Administrator, Environmental Protection mitting the Department’s final rule—Special TY ZONE: McArdle (Meridian Street) Bridge, Agency, transmitting the Agency’s final Local Regulations for Marine Events; Chesa- Chelsea River, Chelsea, Massachusetts rule—Effluent Limitations Guidelines,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 17196 CONGRESSIONAL RECORD—HOUSE September 6, 2000 Pretreatment Standards, New Source Per- 801(a)(1)(A); to the Committee on Small 9861. A letter from the Chief, Regulations formance Standards for the Centralized Business. Unit, Internal Revenue Service, transmitting Waste Treatment Point Source Category 9850. A letter from the Secretary of Labor, the Service’s final rule—Loans From a Quali- [FRL–8663–8] received August 28, 2000, pursu- transmitting the annual report on employ- fied Employer Plan to Plan Participants or ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment and training programs for veterans Beneficiaries [TD 8894] (RIN: 1545–AE41) re- on Transportation and Infrastructure. during program year 1998 (July 1, 1998 ceived July 28, 2000, pursuant to 5 U.S.C. 9840. A letter from the Deputy Assistant through June 30, 1998) and fiscal year 1999 801(a)(1)(A); to the Committee on Ways and Administrator, NOAA, Department of Com- (October 1, 1998 through September 30, 1999), Means. merce, transmitting the Department’s final pursuant to 38 U.S.C. 2009(b); to the Com- 9862. A letter from the Chief, Regulations rule—NOAA Climate and Global Change Pro- mittee on Veterans’ Affairs. Unit, Internal Revenue Service, transmitting gram, Program Announcement [Docket No. 9851. A letter from the Director, Office of the Service’s final rule—Eligible Deferred 000616180–0180–01] (RIN: 0648–ZA91) received Regulations Management, Veterans Benefits Compensation Plans under Section 457 [No- August 25, 2000, pursuant to 5 U.S.C. Administration, Department of Veterans Af- tice 2000–38] received August 1, 2000, pursuant 801(a)(1)(A); to the Committee on Science. fairs, transmitting the Department’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on 9841. A letter from the Associate Adminis- rule—Veterans Training: Vocational Reha- Ways and Means. trator for Procurement, National Aero- bilitation Subsistence Allowance Rates (RIN: 9863. A letter from the Chief, Regulations nautics and Space Administration, transmit- 2900–AI74) received August 23, 2000, pursuant Unit, Internal Revenue Service, transmitting ting the Administration’s final rule—Proce- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule—Comprehensive Case dural Revisions for Awards Resulting from Veterans’ Affairs. Resolution Pilot Program [Notice 2000–43] re- Broad Agency Announcements—received 9852. A letter from the The President Of ceived August 9, 2000, pursuant to 5 U.S.C. July 28, 2000, pursuant to 5 U.S.C. The United States, transmitting notification 801(a)(1)(A); to the Committee on Ways and 801(a)(1)(A); to the Committee on Science. of his intention to add Nigeria to the list of Means. 9842. A letter from the Associate Adminis- beneficiary developing countries under the 9864. A letter from the Chief, Regulations trator for Procurement, National Aero- Generalized System of Preferences (GSP), Unit, Internal Revenue Service, transmitting nautics and Space Administration, transmit- pursuant to Public Law 104–188, section the Service’s final rule—Coordinated Issue ting the Administration’s final rule—Con- 1952(a) (110 Stat. 1917); (H. Doc. No. 106–287); Life Insurance Industry Loss Utilization in a tract Bundling—received July 28, 2000, pursu- to the Committee on Ways and Means and Life-Nonlife Consolidated Return Separate v. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ordered to be printed. Single Entity Approach UIL 1503.05–00—re- on Science. 9853. A letter from the The President Of ceived August 9, 2000, pursuant to 5 U.S.C. 9843. A letter from the Associate Adminis- The United States, transmitting notification 801(a)(1)(A); to the Committee on Ways and trator for Procurement, National Aero- of his intention to grant Nigeria preferential Means. nautics and Space Administration, transmit- treatment under the Generalized System of 9865. A letter from the Chief, Regulations ting the Administration’s final rule—Cost Preferences (GSP), pursuant to Public Law Unit, Internal Revenue Service, transmitting Accounting Standards Waivers—received Au- 104–188, section 1952(a) (110 Stat. 1917); (H. the Service’s final rule—Department Store gust 11, 2000, pursuant to 5 U.S.C. Doc. No. 106–290); to the Committee on Ways Indexes-June 2000 [Notice 2000–39] received 801(a)(1)(A); to the Committee on Science. and Means and ordered to be printed. August 7, 2000, pursuant to 5 U.S.C. 9854. A letter from the Secretary of Health 9844. A letter from the Acting Associate 801(a)(1)(A); to the Committee on Ways and and Human Services, transmitting the twen- Administrator for Procurement, National Means. ty-third annual report on the Child Support Aeronautics and Space Administration, 9866. A letter from the Chief, Regulations Enforcement Program, pursuant to 42 U.S.C. transmitting the Administration’s final Unit, Internal Revenue Service, transmitting 652(a)(10); to the Committee on Ways and rule—Central Contractor Registration the Service’s final rule—Tax Forms and In- Means. (CCR)—received August 22, 2000, pursuant to 9855. A letter from the Chief, Regulations structions [Rev. Procedure 2000–35] received 5 U.S.C. 801(a)(1)(A); to the Committee on Unit, Department of the Treasury, transmit- August 8, 2000, pursuant to 5 U.S.C. Science. ting the Service’s final rule—Clarification of 801(a)(1)(A); to the Committee on Ways and 9845. A letter from the Assistant Adminis- Schedule P (Form 1120–FSC) [Notice 2000–49] Means. trator for Satellite and Information Serv- received August 25, 2000, pursuant to 5 U.S.C. 9867. A letter from the Chief, Regulations ices, National Oceanic and Atmospheric Ad- 801(a)(1)(A); to the Committee on Ways and Unit, Internal Revenue Service, transmitting ministration, transmitting the Administra- Means. the Service’s final rule—Modification of Tax tion’s final rule—Program Notice of Finan- 9856. A letter from the Chief Counsel, Bu- Shelter Rules [TD 8896] (RIN: 1545–AY37) re- cial Assistance [Docket No. 000712204–0204–01] reau of Public Debt, Office of Chief Counsel, ceived August 11, 2000, pursuant to 5 U.S.C. (RIN: 0648–XA56) received August 22, 2000, Department of the Treasury, transmitting 801(a)(1)(A); to the Committee on Ways and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—U.S. Treasury Means. mittee on Science. Securities—State and Local Government Se- 9868. A letter from the Chief, Regulations 9846. A letter from the General Counsel, Of- ries—received August 30, 2000, pursuant to 5 Unit, Internal Revenue Service, transmitting fice of Financial Assistance, Small Business U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule—Acquisition of Cor- Administration, transmitting the Adminis- Ways and Means. porate Indebtedness—received August 16, tration’s final rule—Business Loan Pro- 9857. A letter from the Chief, Regulations 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the gram—received August 1, 2000, pursuant to 5 Branch, U.S. Customs Service, Department Committee on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on of the Treasury, transmitting the Depart- 9869. A letter from the Chief, Regulations Small Business. ment’s final rule—Petitions for Relief: Sei- Unit, Internal Revenue Service, transmitting 9847. A letter from the Acting General zures, Penalties, and Liquidated Damages the Service’s final rule—Increase In Cash- Counsel, Office of Government Contracting, [T.D. 00–57] (RIN: 1515–AC01) received August Out Limit Under Sections 411(a)(7), 411(a)(11), Small Business Administration, transmit- 29, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to and 417(e)(1) for Qualified Retirement Plans ting the Administration’s final rule—Gov- the Committee on Ways and Means. [TD 8891] (RIN: 1545–AW59) received August ernment Contracting Programs—received 9858. A letter from the Chief, Regulations 15, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to August 3, 2000, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting the Committee on Ways and Means. 801(a)(1)(A); to the Committee on Small the Service’s final rule—Weighted Average 9870. A letter from the Chief, Regulations Business. Interest Rate Update [Notice 2000–18] re- Unit, Internal Revenue Service, transmitting 9848. A letter from the Associate Deputy ceived July 28, 2000, pursuant to 5 U.S.C. the Service’s final rule—Department Store Administrator for Government Contracting 801(a)(1)(A); to the Committee on Ways and Indexes—July 2000 [Rev. Ruling 2000–47] re- and Minority Enterprise Development, Small Means. ceived August 25, 2000, pursuant to 5 U.S.C. Business Administration, transmitting the 9859. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Ways and annual report on Minority Small Business Unit, Internal Revenue Service, transmitting Means. and Capital Ownership Development for fis- the Service’s final rule—Information Report- 9871. A letter from the Chief, Regulations cal year 1999, pursuant to 15 U.S.C. ing for Discharges of Indebtedness [Notice Unit, Internal Revenue Service, transmitting 636(j)(16)(B); to the Committee on Small 2000–22] received July 28, 2000, pursuant to 5 the Service’s final rule—Optional Per Diem Business. U.S.C. 801(a)(1)(A); to the Committee on Rates for Employees, Self-employed Individ- 9849. A letter from the Acting General Ways and Means. uals, and Other Taxpayers Used in Com- Counsel, Office of Size Standards, Small 9860. A letter from the Chief, Regulations puting Deductible Costs [Notice 2000–48] re- Business Administration, transmitting the Unit, Internal Revenue Service, transmitting ceived August 25, 2000, pursuant to 5 U.S.C. Administration’s final rule—Small Business the Service’s final rule—Definition of Grant- 801(a)(1)(A); to the Committee on Ways and Size Standards; Arrangement of Transpor- or [TD 8890] (RIN: 1545–AX25) received July Means. tation of Freight and Cargo—received Au- 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 9872. A letter from the Chief, Regulations gust 25, 2000, pursuant to 5 U.S.C. the Committee on Ways and Means. Unit, Internal Revenue Service, transmitting

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17197 the Service’s final rule—Determination of entitled, ‘‘Appropriateness of Minimum Mr. BLILEY: Committee on Commerce. Issue Price in the Case of Certain Debt In- Nurse Staffing Ratios in Nursing Homes H.R. 4541. A bill to reauthorize and amend struments Issued for Property—received Au- Summer 2000’’; jointly to the Committees on the Commodity Exchange Act to promote gust 18, 2000, pursuant to 5 U.S.C. Commerce and Ways and Means. legal certainty, enhance competition, and re- 801(a)(1)(A); to the Committee on Ways and 9884. A letter from the Acting Director, De- duce systemic risk in markets for futures Means. fense Security Cooperation Agency, trans- and over-the-counter derivatives, and for 9873. A letter from the Chief, Regulations mitting a report authorizing the transfer of other purpose; with an amendment (Rept. Unit, Internal Revenue Service, transmitting up to $100M in defense articles and services 106–711, Pt. 3). Referred to the Committee of the Service’s final rule—Extension of Due to the Government of Bosnia-Herzegovina, the Whole House on the State of the Union. Date for Electronically Filed Information pursuant to Public Law 104–107, section 540(c) Mr. YOUNG of Alaska: Committee on Re- Returns; Limitation of Failure to Pay Pen- (110 Stat. 736); jointly to the Committees on sources. H.R. 4840. A bill to reauthorize the alty for Individuals During Period of Install- International Relations and Appropriations. Atlantic Coastal Fisheries Cooperative Man- ment Agreement [TD 8895] (RIN: 1545–AX31) 9885. A letter from the Assistant Secretary agement Act; with an amendment (Rept. 106– received August 18, 2000, pursuant to 5 U.S.C. for Legislative Affairs, Department of State, 804). Referred to the Committee of the Whole 801(a)(1)(A); to the Committee on Ways and transmitting a report required by section 504 House on the State of the Union. Means. of the FREEDOM Support Act, pursuant to Mr. YOUNG of Alaska: Committee on Re- 9874. A letter from the Chief, Regulations 22 U.S.C. 5852; jointly to the Committees on sources. S. 1027. An act to reauthorize the Unit, Internal Revenue Service, transmitting International Relations and Appropriations. participation of the Bureau of Reclamation the Service’s final rule—Tax Avoidance 9886. A letter from the Deputy Executive in the Deschutes Resources Conservancy, Using Artificially High Basis [Notice 2000–44] Secretary, Health Care Financing Adminis- and for other purposes (Rept. 106–805). Re- received August 18, 2000, pursuant to 5 U.S.C. tration, transmitting the Administration’s ferred to the Committee of the Whole House 801(a)(1)(A); to the Committee on Ways and ‘‘Major’’ rule—Medicare Program; Provisions on the State of the Union. Means. of the Balanced Budget Refinement Act of Mr. YOUNG of Alaska: Committee on Re- 9875. A letter from the Chief, Regulations 1999; Hospital Inpatient Payments Rates and sources. H.R. 2798. A bill to authorize the Unit, Internal Revenue Service, transmitting Costs of Graduate Medical Education Secretary of Commerce to provide financial the Service’s final rule—Rules for Property [HCFA–1131–IFC] (RIN: 0938–AK20) received assistance to the States of Alaska, Wash- Produced In A Farming Business—received August 9, 2000, pursuant to 5 U.S.C. ington, Oregon, and California for salmon August 18, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); jointly to the Committees on habitat restoration projects in coastal wa- 801(a)(1)(A); to the Committee on Ways and Ways and Means and Commerce. ters and upland drainages; with an amend- Means. 9887. A letter from the Deputy Executive ment (Rept. 106–806). Referred to the Com- 9876. A letter from the Chief, Regulations Secretary, Health Care Financing Adminis- mittee of the Whole House on the State of Unit, Internal Revenue Service, transmitting tration, transmitting the Administration’s the Union. the Service’s final rule—Preproductive Peri- ‘‘Major’’ rule—Medicare Program; Prospec- Mr. YOUNG of Alaska: Committee on Re- ods of Certain Plants [Notice 2000–45] re- tive Payment System and Consolidated Bill- sources. H.R. 2296. A bill to amend the Re- ceived August 18, 2000, pursuant to 5 U.S.C. ing for Skilled Nursing Facilities—Update vised Organic Act of the Virgin Islands to 801(a)(1)(A); to the Committee on Ways and [HCFA–1112–F] (RIN: 0938–AJ93) received Au- provide that the number of members on the Means. gust 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); legislature of the Virgin Islands and the 9877. A letter from the Secretary of Health jointly to the Committees on Ways and number of such members constituting a and Human Services, transmitting the Child Means and Commerce. quorum shall be determined by the laws of Welfare Outcomes 1998: Annual Report enti- 9888. A letter from the Deputy Executive the Virgin Islands, and for other purposes tled, ‘‘Safety Permanency Well-being’’; to Secretary, Center for Health Plans and Pro- (Rept. 106–807). Referred to the Committee of the Committee on Ways and Means. viders, Health Care Financing Administra- 9878. A letter from the Regulations Officer, the Whole House on the State of the Union. tion, transmitting the Administration’s final Social Security Administration, transmit- Mr. YOUNG of Alaska: Committee on Re- rule—Medicare Program; Prospective Pay- ting the Administration’s final rule—Revised sources. S. 1275. An act to authorize the Sec- ment System for Hospital Outpatient Serv- Medical Criteria for Evaluating Mental Dis- retary of the Interior to produce and sell ices: Revisions to Criteria to Define New or orders and Traumatic Brain Injury [Regula- products and to sell publications relating to Innovative Medical Devices, Drugs, and Bio- tion Nos. 4 and 16] (RIN: 0960–AC74) received the Hoover Dam, and to deposit revenues logical Eligible for Pass-Through Payments July 31, 2000, pursuant to 5 U.S.C. generated from the sales into the Colorado and Corrections to the Criteria for the 801(a)(1)(A); to the Committee on Ways and River Dam fund (Rept. 106–808). Referred to Grandfather Provision for Certain Federally Means. the Committee of the Whole House on the 9879. A letter from the Chair, Christopher Qualified Health Centers [HCFA–1005–IFA] State of the Union. Columbus Fellowship Foundation, transmit- (RIN: 0938–AI56) received August 10, 2000, pur- Mr. YOUNG of Alaska: Committee on Re- ting the FY 1999 Annual Report of the Chris- suant to 5 U.S.C. 801(a)(1)(A); jointly to the sources. H.R. 4318. A bill to establish the Red topher Columbus Fellowship Foundation, Committees on Ways and Means and Com- River National Wildlife Refuge; with an pursuant to Public Law 102–281, section 429(b) merce. amendment (Rept. 106–809). Referred to the (106 Stat. 145); jointly to the Committees on 9889. A letter from the Deputy Executive Committee of the Whole House on the State Banking and Financial Services and Science. Secretary, Health Care Financing Adminis- of the Union. 9880. A letter from the Assistant Secretary tration, transmitting the Administration’s Mr. YOUNG of Alaska: Committee on Re- for Civil Rights, Department of Education, ‘‘Major’’ rule—Medicare Program; Changes sources. H.R. 2090. A bill to direct the Sec- transmitting the annual report summarizing to the Hospital Inpatient Prospective Pay- retary of Commerce to contract with the Na- the compliance and enforcement activities of ment Systems and Fiscal Year 2001 Rates tional Academy of Sciences to establish the the Office for Civil Rights and identifying [HCFA–1118–F] (RIN: 0938–AK09) received Au- Coordinated Oceanographic Program Advi- significant civil rights or compliance prob- gust 10, 2000, pursuant to 5 U.S.C. sory Panel to report to the Congress on the lems, pursuant to Public Law 105–244 section 801(a)(1)(A); jointly to the Committees on feasibility and social value of a coordinated 101(a) (112 Stat. 633); jointly to the Commit- Ways and Means and Commerce. oceanography program; with an amendment tees on Education and the Workforce and the f (Rept. 106–810). Referred to the Committee of Judiciary. the Whole House on the State of the Union. 9881. A letter from the Secretary of Health REPORTS OF COMMITTEES ON Mr. YOUNG of Alaska: Committee on Re- and Human Services, transmitting a report PUBLIC BILLS AND RESOLUTIONS sources. H.R. 1113. A bill to assist in the de- on the Low Income Home Energy Assistance Under clause 2 of rule XIII, reports of velopment and implementation of projects to Program, pursuant to 42 U.S.C. 8629(b); joint- committees were delivered to the Clerk provide for the control of drainage, storm, flood and other waters as part of water-re- ly to the Committees on Commerce and Edu- for printing and reference to the proper cation and the Workforce. lated integrated resource management, envi- 9882. A letter from the Deputy Executive calendar, as follows: ronmental infrastructure, and resource pro- Secretary, Department of Health and Human Mr. LEACH: Committee on Banking and tection and development projects in the Services, transmitting the Department’s Financial Services. H.R. 4541. A bill to reau- Colusa Basin Watershed, California; with an ‘‘Major’’ rule—Health Insurance Reform: thorize and amend the Commodity Exchange amendment (Rept. 106–811). Referred to the Standard for Electric Transactions [HCFA– Act to promote legal certainty, enhance Committee of the Whole House on the State 0149–F] (RIN: 0938–AI58) received August 16, competition, and reduce systemic risk in of the Union. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); jointly markets for futures and over-the-counter de- Mr. YOUNG of Alaska: Committee on Re- to the Committees on Commerce and Ways rivatives, and for other purposes; with sources. H.R. 4389. A bill to direct the Sec- and Means. amendments (Rept. 106–711, Pt. 2). Referred retary of the Interior to convey certain 9883. A letter from the Secretary of Health to the Committee of the Whole House on the water distribution facilities to the Northern and Human Services, transmitting a report State of the Union. Colorado Water Conservancy District; with

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 17198 CONGRESSIONAL RECORD—HOUSE September 6, 2000 an amendment (Rept. 106–812). Referred to Holocaust Memorial Museum, and for other tem of the Veterans Health Administration, the Committee of the Whole House on the purposes (Rept. 106–822). Referred to the and for other purposes; to the Committee on State of the Union. House Calendar. Veterans’ Affairs. Mr. YOUNG of Alaska: Committee on Re- DISCHARGE OF COMMITTEE By Mr. CALVERT (for himself, Mr. sources. H.R. 3520. A bill to designate seg- [The following action occurred on July 28, 2000] LEWIS of California, Mrs. BONO, Mr. ments and tributaries of White Clay Creek, PACKARD, and Mr. BACA): Delaware and Pennsylvania, as a component Pursuant to clause 5 of rule X the H.R. 5110. A bill to designate the United of the National Wild and Scenic Rivers Sys- Committee on Ways and Means and States courthouse located at 3470 12th Street tem; with an amendment (Rept. 106–813). Re- Small Business discharged. H.R. 2848 in Riverside, California, as the ‘‘George E. ferred to the Committee of the Whole House referred to the Committee of the Whole Brown, Jr. United States Courthouse‘‘; to on the State of the Union. House on the State of the Union and the Committee on Transportation and Infra- Mr. YOUNG of Alaska: Committee on Re- ordered to be printed. structure. sources. S. 1211. A act to amend the Colorado By Mr. ADERHOLT: [Submitted September 6, 2000] River Basin Salinity Control Act to author- H.R. 5111. A bill to direct the Adminis- ize additional measures to carry out the con- Pursuant to clause 5 of rule X the trator of the Federal Aviation Administra- trol of salinity upstream of Imperial Dam in Committees on Ways and Means and tion to treat certain property boundaries as a cost-effective manner, (Rept. 106–814). Re- Commerce discharged. S. 406 referred the boundaries of the Lawrence County Air- ferred to the Committee of the Whole House to the Committee of the Whole House port, Courtland, Alabama, and for other pur- on the State of the Union. on the State of the Union and ordered poses; to the Committee on Transportation Mr. YOUNG of Alaska: Committee on Re- to be printed. and Infrastructure. sources. H.R. 755. A bill to amend the Or- Pursuant to clause 5 of rule X the By Mr. BACA: ganic Act of Guam to provide restitution to Committee on the Judiciary dis- H.R. 5112. A bill to amend the Internal Rev- the people of Guam who suffered atrocities enue Code of 1986 to allow a credit against such as personal injury, forced labor, forced charged. S. 1508 referred to the Com- income tax to elementary and secondary marches, internment, and death during the mittee of the Whole House on the State public school teachers; to the Committee on occupation of Guam in World War II, and for of the Union and ordered to be printed. Ways and Means. other purposes; with an amendment (Rept. Pursuant to clause 5 of rule X the By Mr. BILBRAY (for himself, Mr. 106–815). Referred to the Committee of the Committee on Commerce discharged. HUNTER, Mr. PACKARD, and Mr. Whole House on the State of the Union. S. 1937 referred to the Committee of CUNNINGHAM): Mr. YOUNG of Alaska: Committee on Re- the Whole House on the State of the H.R. 5113. A bill to amend the Flood Con- sources. H.R. 4226. A bill to authorize the Union and ordered to be printed. trol Act of 1944 to provide that investor Secretary of Agriculture to sell or exchange owned utilities and other private entities all or part of certain administrative sites f shall have the same rights to purchase elec- and other land in the Black Hills National TIME LIMITATION OF REFERRED tric energy generated at Federal facilities as Forest and to use funds derived from the sale BILL public bodies and cooperatives, and for other or exchange to acquire replacement sites and purposes; to the Committee on Transpor- to acquire or construct administrative im- Pursuant to clause 5 of rule X the fol- tation and Infrastructure, and in addition to provements in connection with the Black lowing action was taken by the Speak- the Committees on Resources, and Com- Hills National Forest; with an amendment er: merce, for a period to be subsequently deter- (Rept. 106–816). Referred to the Committee on H.R. 4271. Referral to the Committee on mined by the Speaker, in each case for con- the Whole House on the State of the Union. Education and the Workforce extended for a sideration of such provisions as fall within Mr. YOUNG of Alaska: Committee on Re- period ending not later than September 21, the jurisdiction of the committee concerned. sources. H.R. 4583. A bill to extend the au- 2000. By Mr. HEFLEY: thorization for the Air Force Memorial S. 406. Referral to the Committees on Ways H.R. 5114. A bill to require that the Sec- Foundation to establish a memorial in the and Means and Commerce extended for a pe- retary of the Interior conduct a study to District of Columbia or its environs (Rept. riod ending not later than September 6, 2000. identify sites and resources, and to rec- 106–817). Referred to the Committee on the S. 1508. Referral to the Committee on the ommend alternatives for commemorating Whole House on the State of the Union. Judiciary extended for a period ending not and interpreting the Cold War, and for other Mr. YOUNG of Alaska: Committee on Re- later than September 6, 2000. purposes; to the Committee on Resources. sources. S. 406. An act to amend the Indian S. 1937. Referral to the Committee on Com- By Mr. KLINK: Health Care Improvement Act to make per- merce extended for a period ending not later H.R. 5115. A bill to amend title 5, United manent the demonstration program that al- than September 6, 2000. States Code, to make the Federal Employees lows for direct billing of medicare, medicaid, Health Benefits Program available to the and other third party payors, and to expand f general public, and for other purposes; to the the eligibility under such program to other PUBLIC BILLS AND RESOLUTIONS Committee on Government Reform. tribes and tribal organizations (Rept. 106–818 By Mrs. MALONEY of New York (for Under clause 2 of rule XII, public Pt. 1). Referred to the Committee of the herself, Mr. BOEHLERT, Mr. CAPUANO, Whole House on the State of the Union. bills and resolutions were introduced Mr. QUINN, Mr. BOUCHER, Mr. BRADY Mr. YOUNG of Alaska: Committee on Re- and severally referred, as follows: of Pennsylvania, Mr. TIERNEY, Mr. sources. S. 1508. An act to provide technical By Mr. COBLE (for himself, Mr. BER- THOMPSON of California, Mr. HINCHEY, and legal assistance for tribal justice sys- MAN, and Mrs. BONO): Mr. KUCINICH, Mr. CONYERS, and Mr. tems and members of Indian tribes, and for H.R. 5106. A bill to make technical correc- FROST): other purposes (Rept. 106–819 Pt. 1). Referred tions in copyright law; to the Committee on H.R. 5116. A bill to amend the Public to the Committee of the Whole House on the the Judiciary. Health Service Act to provide additional au- State of the Union. By Mr. COBLE (for himself, Mr. BER- thorizations of appropriations for the pro- Mr. YOUNG of Alaska: Committee on Re- MAN, Mr. CONYERS, Mrs. BONO, Mr. gram for the National Health Service Corps; sources. S. 1937. An act to amend the Pacific WEXLER, Mr. DELAHUNT, Ms. to the Committee on Commerce. Northwest Electric Power Planning and Con- LOFGREN, Mr. BOUCHER, Ms. MCCAR- By Mr. RAMSTAD (for himself, Mr. servation Act to provide for sales of elec- THY of Missouri, and Mr. ROGAN): CRANE, Mr. HAYWORTH, Mr. FOLEY, tricity by the Bonneville Power Administra- H.R. 5107. A bill to make certain correc- Mr. SCHAFFER, Mr. BRADY of Texas, tion to joint operating entities (Rept. 106–820 tions in copyright law; to the Committee on and Mr. HERGER): Pt. 1). Referred to the Committee of the the Judiciary. H.R. 5117. A bill to amend the Internal Rev- Whole House on the State of the Union. By Mr. MCINTOSH: enue Code of 1986 to clarify the allowance of Mr. SENSENBRENNER: Committee on H.R. 5108. A bill to provide for the geo- the child credit, the deduction for personal Science. H.R. 4271. A bill to establish and ex- graphic reclassification of a county under exemptions, and the earned income credit for pand programs relating to science, mathe- the Medicare Program to provide for more missing children, and for other purposes; to matics, engineering, and technology edu- equitable payments under that program to the Committee on Ways and Means. cation, and for other purposes; with an hospitals located in that county; to the Com- By Mr. SAXTON (for himself and Mr. amendment (Rept. 106–821 Pt. 1). Ordered to mittee on Ways and Means. PALLONE): be printed. By Mr. STEARNS (for himself, Mr. H.R. 5118. A bill to provide the waters and Mr. REYNOLDS: Committee on Rules. GUTIERREZ, Mr. STUMP, and Mr. submerged lands off the coast of New Jersey House Resolution 570. Resolution providing EVANS): and within the Historic Area Remediation for consideration of the bill (H.R. 4115) to au- H.R. 5109. A bill to amend title 38, United Site shall be treated as a marine protected thorize appropriations for the United States States Code, to improve the personnel sys- area for purposes of Executive Order 13158,

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17199 dated May 26, 2000; to the Committee on Re- ADDITIONAL SPONSORS H.R. 2592: Mr. MALONEY of Connecticut. sources. H.R. 2611: Mr. BORSKI. By Mr. THORNBERRY: Under clause 7 of rule XII, sponsors H.R. 2618: Mr. QUINN. H.R. 5119. A bill to provide for health care were added to public bills and resolu- H.R. 2620: Mr. HILLIARD, Mr. BOUCHER, Mr. liability reform; to the Committee on the tions as follows: NORWOOD, Mr. GOODE, Mr. GILCHREST, Ms. Judiciary. H.R. 59: Ms. PRYCE of Ohio. DANNER, Mr. HOBSON, Mr. OXLEY, Mr. EHR- By Mr. SCHAFFER (for himself, Mr. H.R. 65: Mrs. MCCARTHY of New York. LICH, Mr. FROST, and Mr. CRANE. ROHRABACHER, Mr. WYNN, Mr. BROWN H.R. 72: Mr. COMBEST. H.R. 2631: Mrs. CLAYTON and Mrs. LOWEY. of Ohio, Mr. ANDREWS, Mr. SHERMAN, H.R. 207: Mrs. MINK of Hawaii. H.R. 2660: Mr. BOEHLERT. Mr. WEXLER, Mr. GONZALEZ, Mr. H.R. 218: Mrs. BONO and Mr. RILEY. H.R. 2696: Mrs. MINK of Hawaii. DIAZ-BALART, Mr. CHABOT, Mr. H.R. 284: Mr. ROMERO-BARCELO, Mr. FROST, H.R. 2697: Mr. NETHERCUTT. DEUTSCH, Mr. JEFFERSON, Mr. Mr. GUTIERREZ, Mrs. MEEK of Florida, Mr. H.R. 2710: Mr. JONES of North Carolina, Ms. MCNULTY, Mr. DOOLITTLE, Mr. CROW- MANZULLO, Mr. GILMAN, Ms. ROYBAL-ALLARD, LEE, Mr. LANTOS, Mr. COYNE, Mr. KILDEE, LEY, Mr. BLILEY, Mr. PAYNE, Mr. and Mr. JENKINS. Mr. TIERNEY, Mr. NORWOOD, Mr. WOLF, Mr. TANCREDO, Mr. HEFLEY, Mr. ROGAN, H.R. 303: Mr. BASS, Mr. FORD, Mr. ED- GEJDENSON, Mr. WEYGAND, Mr. FRANK of Mr. MARTINEZ, Mr. SESSIONS, Mr. WARDS, Mr. HOEFFEL, Mr. BALLENGER, Mr. Massachusetts, Mr. WEINER, Mr. GONZALEZ, PORTER, Mr. BERMAN, Ms. ROS- WATTS of Oklahoma, and Mr. SHAW. Mrs. FOWLER, Mr. REYES, Mr. GARY MILLER LEHTINEN, Mr. PALLONE, Mrs. MEEK H.R. 360: Ms. RIVERS. of California, Mr. PASTOR, Mr. KLECZKA, Mr. of Florida, Mr. UNDERWOOD, Mr. BILI- H.R. 402: Ms. ROYBAL-ALLARD. COSTELLO, Mr. SWEENEY, Mr. GOODE, Mr. RAKIS, Mr. CRANE, Ms. EDDIE BERNICE H.R. 407: Mr. PETERSON of Minnesota. ETHERIDGE, Mr. SHIMKUS, Mr. WAMP, Mr. JOHNSON of Texas, Mr. GIBBONS, Mr. H.R. 460: Mr. WISE, Mr. SMITH of Wash- BROWN of Ohio, Mr. HORN, Mr. FRELING- TALENT, Mr. GREEN of Texas, Mrs. ington, Mr. DIXON, Mr. FATTAH, Mr. MOAK- HUYSEN, Mr. BALLENGER, Mr. BATEMAN, Mr. LOWEY, Mr. LANTOS, Ms. BERKLEY, LEY, Mrs. EMERSON, Mr. GILCHREST, and Mrs. BARR of Georgia, Mr. SKELTON, Mr. ROTH- Mr. GOODLING, Mr. SOUDER, Ms. MORELLA. MAN, Mr. FILNER, Mr. BOUCHER, Mr. GREEN- PELOSI, Ms. DEGETTE, Mr. MCINNIS, H.R. 483: Mr. GOODE. WOOD, Mr. SKEEN, Mr. BOYD, Mr. GREEN OF Mrs. NORTHUP, Mr. STARK, Mr. H.R. 515: Mr. PASCRELL. WISCONSIN, Mr. WHITFIELD, Mr. HOBSON, Mr. MCINTOSH, Mr. CUNNINGHAM, Mr. H.R. 534: Mr. MATSUI, Mr. BLUMENAUER, MCINTOSH, Mr. NEY, Ms. BERKLEY, Mr. CUMMINGS, Mr. ARMEY, Mr. OXLEY, Mr. NETHERCUTT, Mr. ENGEL, Mr. HAYES, and BONIOR, Mr. CLAY, Mr. FROST, and Mr. and Mr. RAHALL): Mr. PASCRELL. BONILLA. H. Con. Res. 390. Concurrent resolution ex- H.R. 583: Mr. GEORGE MILLER of California, H.R. 2725: Mr. DICKEY. pressing the sense of the Congress regarding Mrs. THURMAN, Mr. TANCREDO, Mr. SAWYER, H.R. 2774: Mr. SABO. Taiwan’s participation in the United Na- and Mrs. NAPOLITANO. H.R. 2814: Mr. PASCRELL. tions; to the Committee on International Re- H.R. 783: Mr. POMEROY. H.R. 2892: Mr. DOYLE, Mr. KLINK, Mr. lations. H.R. 793: Mr. HAYWORTH. BRADY of Pennsylvania, and Ms. DANNER. By Mr. GREEN of Texas: H.R. 842: Mr. EVANS. H.R. 3003: Mr. TIERNEY, Mr. HORN, Ms. H.R. 860: Mr. KUYKENDALL, Mr. SAWYER, PRYCE of Ohio, Mr. KLINK, Mr. PRICE of H. Res. 571. A resolution expressing the Mr. LOBIONDO, Mr. HYDE, and Mr. REYES. North Carolina, Mr. SHAYS, Mrs. MYRICK, Mr. sense of the House of Representatives in sup- H.R. 890: Mr. DAVIS of Illinois. LAMPSON, Mr. POMEROY, and Mr. BILIRAKIS. port of Czech-American Heritage Month and H.R. 1020: Mr. KILDEE, Mr. TIERNEY, and H.R. 3032: Ms. EDDIE BERNICE JOHNSON of recognizing the contributions of Czech Amer- Mr. LOBIONDO. Texas. icans to the United States; to the Committee H.R. 1057: Mr. EDWARDS. H.R. 3047: Mr. HOEFFEL. on Government Reform. H.R. 1108: Mr. BLUMENAUER. H.R. 3100: Ms. RIVERS, Mr. TAUZIN, and Mr. H.R. 1115: Mr. ANDREWS. SHERMAN. f H.R. 1142: Mr. BUYER. H.R. 3107: Mr. PRICE of North Carolina. H.R. 1156: Ms. LOFGREN. H.R. 3127: Mr. WU. MEMORIALS H.R. 1163: Mr. ANDREWS. H.R. 3144: Mr. FRANKS of New Jersey. H.R. 1168: Mr. HORN, Mr. MICA, Mr. BART- H.R. 3192: Mr. MARTINEZ, Mr. PASTOR, Mr. Under clause 3 of rule XII, memorials LETT of Maryland, and Mr. MCCOLLUM. HASTINGS of Florida, Mr. LOBIONDO, Ms. were presented and referred as follows: H.R. 1248: Mr. SMITH of Washington, Mr. MCCARTHY of Missouri, Mr. OWENS, Mr. SMITH of New Jersey, Mr. LAHOOD, Mr. FATTAH, Mr. BECERRA, Mr. WATT of North 467. The SPEAKER presented a memorial DOYLE, Mr. TAYLOR of North Carolina, Mr. Carolina, Mr. FARR of California, Mr. HOLT, of the Legislature of the State of New Mex- SABO, Mr. BLAGOJEVICH, and Mr. GEPHARDT. and Mr. FROST. ico, relative to Senate Memorial No. 5 urging H.R. 1263: Mr. PETRI. H.R. 3235: Mrs. CAPPS and Mr. HINOJOSA. the Congress of the United States to amend H.R. 1285: Mr. BOSWELL. H.R. 3372: Mr. ANDREWS. the employee retirement income security act H.R. 1286: Mr. SWEENEY. H.R. 3408: Mr. GALLEGLY and Mr. SHAYS. of 1974 to grant authority to all individual H.R. 1413: Mr. LEWIS of Kentucky. H.R. 3463: Mr. LOBIONDO, Mr. ROTHMAN, Mr. states to monitor and regulate self-funded H.R. 1465: Mr. SHADEGG. HOEFFEL, Mr. PAYNE, and Ms. VELA´ ZQUEZ. employer-based health plans in order to pro- H.R. 1644: Mr. TURNER. H.R. 3514: Mr. WEXLER, Mr. SMITH of New vide greater consumer protection and effect H.R. 1671: Mr. JENKINS, Mr. MICA, Mr. Jersey, Mr. HOEFFEL, Mr. KLECZKA, Ms. ROY- health care reform; to the Committee on MCCOLLUM, Mr. FOSSELLA, Mr. KIND, Mr. BAL-ALLARD, Mr. WAMP, Mr. TANCREDO, Mr. Education and the Workforce. FORBES, and Ms. HOOLEY of Oregon. DIXON, and Mr. ISAKSON. 468. Also, a memorial of the House of Rep- H.R. 1708: Mr. SUNUNU. H.R. 3546: Mr. CLEMENT, Mr. GILCHREST, resentatives of the Commonwealth of Massa- H.R. 1798: Mr. BOEHLERT. and Mr. LARSON. chusetts, relative to a House Resolution me- H.R. 1824: Mr. CUNNINGHAM, Mr. HAYWORTH, H.R. 3573: Mr. MALONEY of Connecticut. morializing the Congress to iniate any and Mr. MCINTOSH, Mr. FILNER, and Mr. TOWNS. H.R. 3590: Mr. MICA. all appropriate action to lower gasoline H.R. 1854: Mr. BARRETT of Wisconsin. H.R. 3593: Mr. SHERMAN. prices; to the Committee on Commerce. H.R. 1870: Mr. LOBIONDO and Mr. HOLDEN. H.R. 3661: Mr. WALDEN of Oregon. 469. Also, a memorial of the House of Rep- H.R. 1871: Ms. KILPATRICK, Mr. REYES, Mr. H.R. 3677: Mr. UDALL of New Mexico, Mr. resentatives of the Commonwealth of The BOUCHER, and Mr. PASCRELL. CHABOT, and Mr. LAZIO. Mariana Islands, relative to House Resolu- H.R. 1890: Mrs. MEEK of Florida and Mr. H.R. 3694: Mr. BOYD. tion No. 12–58 memorializing the Department ABERCROMBIE. H.R. 3732: Mr. OXLEY. of Interior to assist the Commonwealth of H.R. 1926: Mr. BARTLETT of Maryland, Mr. H.R. 3809: Mr. RAMSTAD. the Northern Mariana Islands to obtain for FRANKS of New Jersey, and Mr. STRICKLAND. H.R. 3825: Mr. BLUMENAUER. the Commonwealth Compact-Impact funds H.R. 2000: Mr. GEORGE MILLER of California H.R. 3850: Mr. LUCAS of Kentucky and Mr. and a waiver of the CIP local matching fund and Mr. ANDREWS. GILLMOR. requirement; to the Committee on Re- H.R. 2166: Mr. UDALL of Colorado, Mr. H.R. 3861: Mr. ANDREW. sources. DOYLE, Mr. KLECZKA, Mr. KENNEDY of Rhode H.R. 3891: Ms. SCHAKOWSKY, Ms. LEE, and 470. Also, a memorial of the Legislature of Island, and Mr. TANCREDO. Mr. STARK. the State of Montana, relative to House H.R. 2308: Mrs. WILSON. H.R. 3896: Mrs. THURMAN and Mr. Joint Resolution 3 memorializing the United H.R. 2321: Mr. MORAN of Virginia. PASCRELL. States Congress to revise significantly Fed- H.R. 2451: Mr. DICKEY, Mr. HOUGHTON, and H.R. 4191: Mr. PETERSON of Minnesota. eral Estate Tax Law to reduce the onerous Mr. BENTSEN. H.R. 4196: Mr. STUMP. tax burden related to the transfer of prop- H.R. 2499: Ms. VELA´ ZQUEZ. H.R. 4213: Mrs. FOWLER. erty; to the Committee on Ways and Means. H.R. 2562: Mr. SMITH of New Jersey. H.R. 4248: Mr. BEREUTER.

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H.R. 4258: Mr. THOMPSON of Mississippi. H.R. 4684: Mr. LOBIONDO and Mr. FRANKS of SMITH of Washington, Ms. ESHOO, Mr. ROTH- H.R. 4259: Mr. THOMPSON of California. New Jersey. MAN, Mr. SHAW, Mr. BENTSEN, Mr. SHAYS, and H.R. 4271: Ms. MILLENDER-MCDONALD, Mr. H.R. 4701: Mr. MCKEON, Mr. FILNER, and Mr. MANZULLO. CRAMER, Mr. RAHALL, Mr. BILIRAKIS, Mr. Mr. LATOURETTE. H.R. 4987: Mr. BLUNT. MICA, Ms. WOOLSEY, Mr. HOEFFEL, Mr. LUCAS H.R. 4702: Mr. GORDON. H.R. 4992: Mr. CONYERS and Mr. FILNER. of Oklahoma, Mr. SENSENBRENNER, Mr. H.R. 4727: Mr. EVANS, Ms. LEE, and Mr. H.R. 5004: Mr. PAUL. UDALL of Colorado, Mr. WELDON of Florida, OLVER. H.R. 5021: Mr. BARRETT of Wisconsin. Mr. SANDLIN, Mr. DOOLEY of California, Mr. H.R. 4736: Mr. BAKER, Mr. NETHERCUTT, Mr. H.R. 5034: Mr. GOODLING. KLINK, Mr. KOLBE, Mr. FALEOMAVAEGA, Mr. BRYANT, Mr. BUYER, Ms. DANNER, Mr. FROST, H.R. 5035: Mr. BERMAN and Mr. FROST. LATOURETTE, Mr. MOORE, Mr. WHITFIELD, Mr. BARTLETT of Maryland, Mr. DEAL of H.R. 5055: Mr. JEFFERSON. and Mrs. NAPOLITANO. Georgia, Mr. HORN, Mr. BOEHLERT, Mr. H.R. 5066: Mr. MCGOVERN, Ms. LEE, and Ms. H.R. 4272: Ms. MILLENDER-MCDONALD, Mr. GOODE, Mrs. MYRICK, Mr. MCHUGH, Mr. MCKINNEY. CRAMER, Mr. RAHALL, Mr. BILIRAKIS, Mr. HILLEARY, Mr. CALVERT, Mrs. NORTHUP, Mr. H.R. 5067: Mr. BONIOR and Ms. ESHOO. MICA, Mr. WELDON of Florida, Mr. HOEFFEL, GALLEGLY, Mr. RAHALL, Mr. BATEMAN, Mr. H.R. 5098: Mr. TANCREDO. Mr. SANDLIN, Mr. KLINK, Mr. KOLBE, Mr. KINGSTON, Mr. HINCHEY, Mr. BEREUTER, Mr. H. Con. Res. 74: Ms. PELOSI and Ms. ´ FALEOMAVAEGA, Mr. LATOURETTE, Mr. SHIMKUS, and Mr. WAMP. VELAZQUEZ. ´ MOORE, Mr. WHITFIELD, and Mrs. H.R. 4740: Mr. MCGOVERN and Mr. H. Con. Res. 177: Ms. VELAZQUEZ. H. Con. Res. 306: Mrs. LOWEY, Mr. WEINER, NAPOLITANO. BALDACCI. Mr. SMITH of New Jersey, Mr. BENTSEN, Mr. H.R. 4273: Ms. MILLENDER-MCDONALD, Mr. H.R. 4742: Mr. THOMPSON of Mississippi. PASCRELL, Mr. TOWNS, Mr. WU, Mr. SAXTON, CRAMER, Mr. RAHALL, Mr. BILIRAKIS, Mr. H.R. 4746: Mr. BARTLETT of Maryland. Mr. NORWOOD, Mr. GREENWOOD, Ms. RIVERS, MICA, Mr. WELDON of Florida, Mr. HOEFFEL, H.R. 4759: Mr. SWEENEY, Mr. HALL of Texas, Mrs. CLAYTON, and Mr. CRAMER. Mr. SANDLIN, Mr. KLINK, Mr. KOLBE, Mr. Mrs. CAPPS, Mr. RUSH, Ms. STABENOW, Mr. H. Con. Res. 308: Mr. FRANK of Massachu- FALEOMAVAEGA, Mr. LATOURETTE, Mr. KILBE, and Mr. SMITH of New Jersey. setts and Mr. SANDERS. MOORE, Mr. WHITFIELD, and Mrs. H.R. 4770: Mr. BALDACCI. H. Con. Res. 327: Mr. NORWOOD and Mr. NAPOLITANO. H.R. 4793: Ms. LEE. PASCRELL. H.R. 4274: Mr. COSTELLO and Mr. MATSUI. H.R. 4794: Mr. ISAKSON and Mr. WELDON of H. Con. Res. 341: Mrs. MORELLA. H.R. 4277: Mr. REYES, Mr. SANDERS, Mr. Pennylvania. H. Con. Res. 345: Ms. DANNER. TAYLOR of North Carolina, Mr. EVANS, Mr. H.R. 4822: Mr. FORST, Mr. BROWN of Ohio, H. Con. Res. 355: Mr. FILNER, Mr. SCOTT, KUCINICH, Mr. CRAMER, Mr. HANSEN, Mr. GIL- Mrs. CHRISTENSEN, Mr. FILNER, Mr. GUTIER- Ms. MCKINNEY, Mrs. MEEK of Florida, Mr. MAN, Mr. MOLLOHAN, Mr. MENENDEZ, Ms. RIV- REZ, Mr. HASTINGS of Florida, Mr. HINCHEY, ABERCROMBIE, Ms. PELOSI, Ms. LEE, Mr. ERS, Mr. ROMERO-BARCELO, Mr. KLINK, Mr. Ms. KILPATRICK, Ms. MCKINNEY, Mr. REYES, BLUMENAUER, Mr. FALEOMAVAEGA, Mr. GALLEGLY, Ms. KAPTUR, Mr. COSTELLO, Mr. Mr. THOMPSON of Mississippi, Mr. BARRETT of VENTO, and Mr. BONIOR. CANADY of Florida, Mr. FATTAH, Mr. HOLDEN, Wisconsin, Ms. NORTON, Mr. BORSKI, Ms. LEE, H. Con. Res. 361: Mr. PAYNE, Mr. BEREUTER, Mr. KENNEDY of Rhode Island, and Mr. HYDE. Mr. LEWIS of Georgia, Ms. JACKSON-LEE of Mr. WEXLER, and Mr. RUSH. H.R. 4281: Mr. HINCHEY, Ms. BALDWIN, Mr. Texas, Mr. CLAY, Mr. PAYNE, Ms. KAPTUR, H. Con. Res. 363: Mr. UDALL of Colorado. BERMAN, Mrs. JOHNSON of Connecticut, Mr. Mr. DAVIS of Illinois, Mrs. MEEK of Florida, H. Con. Res. 368: Mr. ROGAN and Mr. LOBIONDO, Mr. SAXTON, and Mr. ENGEL. Mr. DOYLE, Ms. DEGETTE, Mr. FORBES, and MCGOVERN. H.R. 4292: Mr. HILL of Montana, Mr. LUCAS Ms. WATERS. H. Con. Res. 370: Mr. HORN, Mr. WAXMAN, of Kentucky, and Mr. GREEN of Wisconsin. H.R. 4825: Ms. ESHOO, Mrs. CAPPS, Mr. Mrs. CAPPS, Mr. CUNNINGHAM, Mr. MCGOV- H.R. 4328: Mr. PICKERING, Ms. LEE, and Mr. CROWLEY, Mr. TOWNS, Mrs. MCCARTHY of New ERN, Ms. ESHOO, and Mrs. NAPOLITANO. BOUCHER. York, Mr. CANADY of Florida, Mr. PRICE of H. Con. Res. 376: Mr. LATOURETTE and Mr. H.R. 4334: Mr. HINOJOSA and Mr. CRAMER. North Carolina, Mr. KLINK, Mr. VENTO, Mr. RAHALL. ´ H.R. 4349: Mr. ROMERO-BARCELO and Mr. ABERCROMBIE, Mr. BLAGOJEVICH, Ms. DANNER, H. Res. 420: Mr. ALLEN. UNDERWOOD. Mr. GALLEGLY, Mr. STUPAK, Ms. H. Res. 458: Mr. TOOMEY, Mrs. NORTHUP, H.R. 4357: Mrs. CAPPS. SCHAKOWSKY, Ms. ROS-LEHTINEN, Mr. MAT- Mr. COOKSEY, Mr. BLUMENAUER, Mr. LEWIS of H.R. 4361: Mr. SKELTON, Ms. BALDWIN, and SUI, Mr. OBERSTAR, Mr. DIXON, Ms. RIVERS, Georgia, Mr. LATOURETTE, Mr. UDALL of New Mr. MCCOLLUM. and Mr. VITTER. Mexico, Mr. GALLEGLY, Mr. COX, Mr. NOR- H.R. 4375: Mr. BERMAN and Ms. H.R. 4830: Mr. HYDE, Mr. JACKSON of Illi- WOOD, Mrs. LOWEY, and Mr. TURNER. SCHAKOWSKY. nois, and Mr. PORTER. H. Res. 461: Ms. WOOLSEY, Mr. DICKS, Mr. H.R. 4393: Mr. FROST, Mr. BARRETT of Wis- H.R. 4831: Mr. HYDE, Mr. JACKSON of Illi- UDALL of Colorado, Mr. MCDERMOTT, Mr. consin, Mr. ABERCROMBIE, Mrs. FOWLER, Mr. nois, and Mr. PORTER. WATT of North Carolina, Mr. HORN, Mr. AN- DIAZ-BALART, Mr. WISE, Mr. DAVIS of Illi- H.R. 4841: Mr. MCINTYRE. DREWS, Ms. ROYBAL-ALLARD, Mr. LEWIS of nois, Mr. SHADEGG, and Mr. MCKEON. H.R. 4848: Mr. FATTAH, Mr. HINOJOSA, Mr. Kentucky, Mr. LEVIN, Mr. ABERCROMBIE, Mr. H.R. 4438: Mr. FRANK of Massachusetts. PETERSON of Minnesota, Mr. GORDON, Mr. COOK, Mr. KENNEDY of Rhode Island, Mr. H.R. 4453: Mr. MCDERMOTT and Mr. WAX- LEACH, Ms. NORTON, Mr. BONIOR, Mr. KLECZ- DELAHUNT, Mrs. TAUSCHER, and Mr. MAN. KA, Mr. JACKSON of Illinois, Mr. DOOLEY of PASCRELL. H.R. 4467: Mr. NORWOOD, Mr. BONILLA, and California, Mr. RODRIGUEZ, and Mr. HOYER. f Mr. SESSIONS. H.R. 4878: Mr. BRADY of Pennsylvania. H.R. 4471: Mr. COYNE. H.R. 4902: Mr. SCHAFFER, Mr. RAHALL, Mr. DELETIONS OF SPONSORS FROM H.R. 4479: Mr. BILBRAY. HUTCHINSON, Mr. ETHERIDGE, and Mr. NEY. PUBLIC BILLS AND RESOLUTIONS H.R. 4483: Mrs. CLAYTON, Mr. WEXLER, Mr. H.R. 4907: Mr. BOUCHER, Mr. DAVIS of Vir- SANDERS, Mr. ETHERIDGE, Mr. BERMAN, Mr. ginia, Mr. SCOTT, Mr. WOLF, Mr. GILLMOR, Under clause 7 of rule XII, sponsors WEINER, and Mr. PASCRELL. and Mr. STUMP. were deleted from public bills and reso- H.R. 4492: Mr. SOUDER. H.R. 4922: Mr. BURR of North Carolina, Mr. lutions as follows: H.R. 4493: Mr. CAMPBELL and Mr. RANGEL. DOOLEY of California, Mr. MASCARA, Mr. H.R. 3703: Mr. METCALF. H.R. 4511: Mr. SOUDER and Mr. MARTINEZ. PICKERING, Mr. KNOLLENBERG, Mr. MCINTOSH, f H.R. 4543: Mr. FROST, Ms. ROYBAL-ALLARD, Mrs. EMERSON, Mr. KINGSTON, and Mr. BASS. Mr. BENTSEN, and Mr. SESSIONS. H.R. 4926: Mr. CLYBURN, Mr. HILLIARD, Mr. PETITIONS, ETC. H.R. 4567: Ms. MCCARTHY of Missouri. RANGEL, and Mr. ROMERO-BARCELO´ . Under clause 3 of rule XII, petitions H.R. 4569: Mr. GILMAN. H.R. 4950: Mr. TOWNS, Mrs. FOWLER, Mr. H.R. 4570: Ms. ROYBAL-ALLARD, Ms. JACK- BALDACCI, Mr. LEACH, Mr. ROMERO-BARCELO´ , and papers were laid on the clerk’s SON-LEE of Texas, Ms. RIVERS, Mr. WAXMAN, Mrs. MORELLA, and Mr. ENGEL. desk and referred as follows: Mr. COYNE, Mr. PRICE of North Carolina, Mr. H.R. 4951: Mr. UPTON, Mrs. FOWLER, and 104. The SPEAKER presented a petition of KOLBE, Mr. UDALL of Colorado, Mr. WATTS of Mr. CRANE the Legislature of Rockland County, New Oklahoma, and Mr. ENGEL. H.R. 4966: Mr. BECERRA, Mr. WEXLER, Mr. York, relative to Resolution No. 421 sup- H.R. 4636: Mr. WAXMAN and Mr. HILLIARD. MCGOVERN, Mr. STARK, Mr. FATTAH, and Mr. porting the continuation of Section 8 Hous- H.R. 4639: Mr. KINGSTON. LANTOS. ing to protect the homes and residences of H.R. 4652: Mr. MCNULTY and Mr. SHADEGG. H.R. 4968: Mr. METCALF, and Mr. SMITH of 170 Rockland families at the Nyack Plaza in H.R. 4659: Mr. LOBIONDO, Mr. OBERSTAR, Washington. the Village of Nyack, Town of Orangetown; and Mr. KENNEDY of Rhode Island. H.R. 4971: Mr. CRANE, Mr. MCCOLLUM, Mr. to the Committee on Banking and Financial H.R. 4673: Mr. GILLMOR. BOUCHER, Mr. RILEY, Mr. NETHERCUTT, and Services. H.R. 4677: Mr. GOODE, Mr. SANDLIN, Mr. Mr. HOUGHTON. 105. Also, a petition of The European Par- MINGE, Mr. BONILLA, and Mr. TAYLOR of H.R. 4976: Mr. FRANK of Massachusetts, Mr. liament, relative to a resolution on the es- North Carolina. HASTINGS of Florida, Mr. BOEHLERT, Mr. tablishment of a common European security

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 September 6, 2000 CONGRESSIONAL RECORD—HOUSE 17201 and defense policy with a view to the Euro- and the Status of United States Armed 108. Also, a petition of Legislature of Rock- pean Council in Feira; to the Committee on Forces in the Republic of Korea; to the Com- land County, NY, relative to Resolution No. International Relations. mittee on International Relations. 419 permitting Rockland County to repeal 106. Also, a petition of the National Assem- the county’s 3% sales tax on gasoline for two bly of Korea, relative to a Resolution calling 107. Also, a petition of National Conference successive six month periods to provide fi- for the revision of the Agreement under Arti- of Lieutenant Governors, relative to A Reso- cle 4 of the Mutual Defense Treaty between lution promoting the States and Territories nancial relief to area residents; to the Com- the Republic of Korea and the United States participation in the National Environmental mittee on Ways and Means. of America, regarding facilities and areas Policy Act; to the Committee on Resources.

VerDate Aug 04 2004 12:34 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR00\H06SE0.002 H06SE0 17202 EXTENSIONS OF REMARKS September 6, 2000 EXTENSIONS OF REMARKS

IN HONOR OF MARY A. PTASZEK when profits often seem more important than almost always went only by her first name— people. worked as a courier for the Italian resistance, HON. DENNIS J. KUCINICH EII, Inc. is an electrical contractor providing using her nickname Topolino, or ‘‘Little OF OHIO maintenance and process support at the Mouse.’’ Ginetta was only 5 feet tall, but she had the energy and the power of a giant. She IN THE HOUSE OF REPRESENTATIVES Infenium Linden Business and Technology Center. EII, Inc.’s employees, all represented helped to transport more than 300 fugitives Wednesday, September 6, 2000 by their respective trade unions, include elec- and thousands of pamphlets through the Mr. KUCINICH. Mr. Speaker, today I rise to tricians, pipefitters, millrights, and carpenters. Italian Alps, before she was betrayed and ar- honor Mary Ptaszek, a woman who committed Each employee has been incremental in rested in early 1945. her life to serving her community and improv- OSHA’s evaluation and approval of EII, Inc. Mr. Speaker, for over a month and a half, ing the lives of those who lived in it. OSHA’s recognition of EII, Inc. is the result she was beaten, burned, electrically shocked A dedicated servant to her community Mrs. of a special relationship that has developed and raped. On April 23, 1945—the very day Ptaszek served as precinct committeewoman between management and employees, a rela- scheduled for her execution—she managed to for three different wards, and on the Demo- tionship established by the management’s escape with the help of the Italian Resistance cratic Executive Committee. A native of Cleve- commitment has to the safety and health of and two friendly German officers. In the deep land, Mrs. Ptaszek committed her life to help- the hard working men and women at EII, Inc. dungeons of her Fascist torturers, where all ing others. A devoted wife and sibling, Mrs. In addition, EII, Inc. is the only electrical hope is lost and only pain and fear live, Ptaszek was a lifelong member of St. Barbara contractor to receive VPP approval, with less Ginetta Sagin found her deep and unshakable Catholic Church where she sang in the choir. than 20 construction companies participating commitment to human rights. It was there that When her mother passed away Mrs. nation-wide—only two of which are in New she found her incredible strength to work tire- Ptaszek became her family’s matriarch, Jersey. lessly on behalf of the downtrodden. When a hosting large family gatherings at her home. Today, I ask my colleagues to join me as I guard tossed her a loaf of bread, she found a Mrs. Ptaszek’s caring touch was extended not honor EII, Inc., a company that truly under- matchbox with a slip of paper hidden inside. Inscribed on this piece of paper was only one only to her family but to the greater community stands the safety needs of its employees, and word, which epitomizes her whole life: the as well. Her devotion to her community was a company that puts people before profits. Italian word Coraggio—Courage. Ginetta later evident as, even her final years, she would f named the first newsletter for Amnesty Inter- drive fellow seniors to their medical appoint- IN MEMORY OF GINETTA SAGIN— national Matchbox, reflecting this very moving ments or to the shopping centers. experience. Through politics Mrs. Ptaszek looked to bet- PIONEER HUMAN RIGHTS ACTIV- IST After the war, Mr. Speaker, Ginetta attended ter the lives of those around her. A kind-heart- the prestigious Sorbonne University in Paris. ed, community minded women Mrs. Ptaszek She continued her study of child development sought to use politics as a tool of good to cre- HON. TOM LANTOS in 1951 at the University of Chicago, where ate better communities. OF CALIFORNIA she met and married Leonard Sagan, a med- Mrs. Ptaszek was a kind, dedicated, pas- IN THE HOUSE OF REPRESENTATIVES ical student who later became a public health sionate woman who selflessly gave of herself Wednesday, September 6, 2000 physician. After living in Washington, DC., to help others. Mr. Speaker, I ask my fellow Mr. LANTOS. Mr. Speaker, I wish to call the Boston and Japan, the Sagans moved to my colleagues to join me in celebrating the life home state of California in 1968. Leonard attention of my colleagues in the House to the and tremendous accomplishments of this truly Sagan died in 1977. remarkable woman who worked tirelessly on passing of a dear, dear personal friend and a While living in Washington, DC., Ginetta behalf of others. true giant in the struggle for human rights. began her lifelong work with Amnesty Inter- Just a few days ago, on Friday, August 25, f national, the London-based human rights or- Ginetta Sagan died of cancer at the age of 75. ganization. Ginetta helped found the United IN HONOR OF EII, INC., AT THE I know that all of my colleagues who had States chapter of this world-wide organization INFENIUM LINDEN BUSINESS the good fortune to know and work with her, and, as its honorary chairwoman, worked tire- AND TECHNOLOGY CENTER, FOR and I know there are many here today who lessly for its goals. RECEIVING APPROVAL FROM share my tremendous feeling of loss for not Mr. Speaker, Amnesty International annually OSHA TO PARTICIPATE IN THE only a stalwart defender for human rights and awards a prize named in Ginetta’s honor in STAR VOLUNTARY PROTECTION humanity around the world, but also a true recognition of her outstanding service and PROGRAMS (VPP) and wonderful personal friend and outstanding leadership on behalf of women and children’s human being. rights. Not surprisingly, as soon as she HON. ROBERT MENENDEZ Mr. Speaker, the President of the United reached the Bay Area in California, she gath- OF NEW JERSEY States appropriately honored the lifetime ered like-minded activists and founded Am- IN THE HOUSE OF REPRESENTATIVES achievements of this remarkable woman when nesty International’s Western Regional Office. he awarded her the Presidential Medal of Wednesday, September 6, 2000 In addition, Ginetta created the Aurora Foun- Freedom in 1994, the highest civilian honor dation in order to investigate and campaign Mr. MENENDEZ. Mr. Speaker, I rise today our nation can bestow. Throughout her life, actively against torture in postwar Vietnam. to honor EII, Inc., at the Linden Business and she has brought healing, justice, and mercy to The Foundation continues to play a crucial Technology Center, located in Linden, New the oppressed and has helped to change the role in supporting human rights activists Jersey, for its exceptional employee safety thinking of those who are in positions of power around the world. and health programs. and authority. Ginetta also actively campaigned against EII, Inc.’s recent approval for participation in Born in Milan, Italy, to a Jewish mother and human rights abuses in Chile, Greece, Algeria, the Occupational Safety and Health Adminis- Catholic father, Ginetta Sagan first worked Poland, the Philippines and South Africa. In tration’s (OSHA) Voluntary Protection Pro- against the fascists at the early age of 17, 1971, Ginetta organized a concert in Berkeley grams (VPP) is a testament to a company that bringing clothes and food coupons to Jews in to raise funds for political prisoners in Greece. puts the well-being of its employees above the hiding. Her mother and father were arrested The concert, which featured her friend, folk careless and irresponsible desire to increase by Mussolini’s Black Brigade in 1943 and did singer Joan Baez, and Greek entertainer profits at all costs—rare behavior at a time not survive the war. In 1943, Ginetta—and she Melina Mercouri, drew some 10,000 people.

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

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17203 Mr. Speaker, the San Francisco Chronicle, Mr. Speaker, Mr. Takacs was a dedicated THE APPOINTMENT OF BILL LANN in its obituary of her published on August 29, man who committed his life to union reform, LEE AS ASSISTANT ATTORNEY quotes Julianne Cartwright Taylor, chair of helping the poor, and fighting for the working GENERAL FOR CIVIL RIGHTS Amnesty International USA Board of Directors: men and women of this nation. Mr. Takacs ‘‘Her [Ginetta’s] legacy is a constant reminder was an inspirational leader and a mentor for HON. TOM LANTOS that our role is vital, and that without the work generations to come. A champion of the OF CALIFORNIA of human rights defenders, thousands upon causes of working people Mr. Takacs never IN THE HOUSE OF REPRESENTATIVES thousands of individuals would be affected for turned his back on anyone. A leader dedicated Wednesday, September 6, 2000 the worst.’’ In addition to her outstanding human rights to his fellow colleagues, during strikes, Mr. Mr. LANTOS. Mr. Speaker, I rise today to work, this energetic woman found time to be- Takacs would beg for food to make sure that applaud to the recess appointment of Bill Lann come an accomplished cook and cookbook there was always food at the union hall. Lee as assistant Attorney General for Civil Rights. Bill Lann Lee is a true civil rights cru- author. She taught cooking classes for con- Mr. Takacs, a past president of United Auto sader, and his appointment reflects the Clin- gressional spouses and was also an out- Workers Local 45, has served on the front standing gardener. A species of orchids is ton-Gore administration’s unflinching commit- lines of the battle for working families since ment to protecting the civil rights of all Ameri- named in her honor. the 1930’s. I ask my distinguished colleagues Mr. Speaker, Ginetta Sagan is survived by cans by rigorously enforcing our nation’s civil three sons—Loring, Duncan and Pico—as well to join me in celebrating the life of this truly re- rights legislation. as six grandchildren. markable man, who has dedicated his life to Mr. Speaker, Mr. Lee’s personal experi- serving others. ences with discrimination as an Asian-Amer- f ican have driven him to fight passionately for IN MEMORY OF KENNETH BLAND f the last quarter century to secure the civil rights of all Americans. Bill Lann Lee’s deep HON. ROBERT W. NEY SAINT THOMAS EPISCOPAL and personal commitment to civil rights and OF OHIO PARISH GOLDEN ANNIVERSARY his outstanding record of service make him an exemplary choice for this critical position. In IN THE HOUSE OF REPRESENTATIVES Bill Lann Lee all Americans can rest assured Wednesday, September 6, 2000 HON. ILEANA ROS-LEHTINEN that they have a true civil rights crusader look- Mr. NEY. Mr. Speaker, I rise today in mem- ing out for their civil rights, forcefully advo- ory of Kenneth Bland, who passed away on OF FLORIDA cating fair affirmative action policies for all August 27, 2000. Kenneth was born on June IN THE HOUSE OF REPRESENTATIVES those discriminated against. The appointment 11, 1933 in Cadiz, Ohio to George and Ber- of Bill Lann Lee as Assistant Attorney General nice Bland. Wednesday, September 6, 2000 for Civil Rights brings to this critical position a Kenneth was a retired coal miner with Y&O proven civil rights leader with a deep and per- Ms. ROS-LEHTINEN. Mr. Speaker, it is with Coal Company Nelms No. 2 mine near Cadiz. sonal commitment to protecting the rights of He served his country in the Army during the great pleasure that I congratulate the mem- all Americans. Korean war. Kenneth was the father and step- bers of St. Thomas Episcopal Parish on their Bill Lann Lee’s personal drive in civil rights father of six wonderful children; James, John, 50 years in the South Florida community. St. advocacy was fueled by the experiences of his Jana, Jennifer, Robert and Lesley. Kenneth’s Thomas Episcopal Parish will celebrate its father, a proud but poor Chinese immigrant. family also included four grandchildren and 50th anniversary on Sunday, October 1st, with Bill Lann Lee grew up knowing his father two stepgrandchildren. commemorative worship service and festivi- fought for freedom abroad in World War II Mr. Speaker, it is a privilege for me to pay ties. even though he was denied dignity and free- my last respects to a man who gave so much dom here at home because of his ethnicity. In- I commend Rev. Roger M. Tobin for his of himself to his community, his area and his spired by that kind of unshakeable patriotism, family. Kenneth will be missed by all whose selfless work and service to parishioners. He Bill Lann Lee set out to establish a legal ca- lives he touched. I am honored to have rep- and the members of the parish should be reer in which he could fight to protect all resented him and proud to call him a con- proud to know that they have long served their Americans from the kind of discrimination his stituent and a friend. community with selfless devotion and will con- father experienced. Today he says, ‘‘When- f tinue to do so for the next 50 years. ever I work on cases for women, for minori- ties, for individuals who need help, I sincerely It is an honor for me to represent St. Thom- IN HONOR OF JOSEPH TAKACS feel that they are people like my father.’’ Bill as Episcopal Parish in the United States Con- Lann Lee’s desire to protect everyone from HON. DENNIS J. KUCINICH gress. The parish and the members stand as discrimination is a personal one, and it is this OF OHIO an example of unity and strength in our com- kind of commitment that makes him an out- IN THE HOUSE OF REPRESENTATIVES munity and I am proud to offer my felicitations standing choice for Assistant Attorney General today. Wednesday, September 6, 2000 for Civil Rights. I also want to recognize the parish’s 50th Mr. Speaker, Bill Lann Lee brings a strong Mr. KUCINICH. Mr. Speaker, today I rise to work ethic and record of service to his new Anniversary Committee for their hard work and remember Joseph Takacs, a man who de- position. He who grew up near Harlem’s 125th dedication to making the 50th anniversary voted his life to the betterment of mankind, street, and spent hours sorting piles of dirty and the struggles of those who needed help celebration a success. These special individ- clothes in his family laundry. He experienced the most. uals include: Committee Chair, Virginia Wheel- racism because of his Asian-American back- Mr. Takacs led the autoworkers at General er; and Committee members Virginia Elias, ground, but he had the courage and deter- Motor’s Fisher Body plant in Cleveland for Blossom Hibbe, Jim Karousatos, Bob mination to work beyond that bias and excel in more than 10 nonconsecutive years in the McCammon, Betty Melfa, Pam Normandia, the classroom. Because of his hard work, he 1960’s and 1970’s. A courageous fighter for Sam Normandia, Holly Ostlund, Polly Patter- had the opportunity to take advantage of a the working man, Mr. Takacs was one of 250 son, Diana Propeck, Mary Lou Shad, Roxanne scholarship for minorities and attended Yale workers who staged a sit-in at General Motor’s Singler, Frank Stuart, Susie Westbrook; and University, graduating Phi Beta Kappa. Cleveland plant that lasted from December Honorary member, the Rt. Rev. Calvin O. He went on to Columbia Law School, where 1936 into February 1937. Through the dedica- Schofield, Jr. he studied with Jack Greenberg, a veteran tion and determination of Mr. Takacs and his civil rights lawyer who succeeded Thurgood striking colleagues a nationwide strike began. I ask my congressional colleagues to join Marshall as director-counsel of the NAACP The strike forced the company to recognize me in congratulating St. Thomas Episcopal Legal Defense Fund. Because of Bill Lann the union as a bargaining agent for its hourly Parish on its golden anniversary and in wish- Lee’s hard work, he received an excellent employees, even today, considered one of the ing the parishioners much continued success education and laid the foundation for an out- greatest union victories. and longevity. standing legal career at the forefront of Civil

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17204 EXTENSIONS OF REMARKS September 6, 2000 Rights advocacy. It is from this position that vancy District, serving as its president. He IN HONOR OF EII, INC., AT THE he has spent the last 25 years continuing to also served as a member of the then Colorado INFENIUM BAYWAY CHEMICAL work hard to protect the civil rights of all Gov. Roy Romer’s Cost Containment Com- PLANT, FOR RECEIVING AP- Americans. mittee, as well as Chairman of the San Luis PROVAL FROM OSHA TO PAR- Mr. Speaker, for the past 25 years of his Valley Health Care Foundation and president TICIPATE IN THE STAR VOL- distinguished legal career, Bill Lann Lee has of the San Luis Museum. UNTARY PROTECTION PRO- been an advocate for civil rights enforcement, Maclovio has served his community admi- GRAMS (VPP) leading the fight for health care accessibility, rably and has ensured that Costilla County public transportation equity, fair employment and its surrounding communities are a better HON. ROBERT MENENDEZ and housing rights and school desegregation. place to live. His outstanding commitment to OF NEW JERSEY He worked for the NAACP since 1974 and the public service will be missed and I wish him IN THE HOUSE OF REPRESENTATIVES Center for Law in the Public Interests since the best in his future endeavors. 1983 where he served for five years as super- On behalf of the citizens of Costilla County Wednesday, September 6, 2000 vising attorney for Civil Rights Litigation. and the United States Congress, Maclovio I Mr. MENENDEZ. Mr. Speaker, I rise today Among his most noteworthy victories are a thank you for your contributions. to honor EII, Inc., at the Bayway Infenium 1985 case that provided housing for Los An- Chemical Plant, located in Linden, New Jer- geles area residents displaced by the Century f sey, for its exceptional employee safety and Freeway; a 1987 case that broke down bar- IN HONOR OF ROSE MARIE health programs. riers to the hiring and promotion of women EII, Inc.’s recent approval for participation in LOVANO and minorities at Lucky Stores, a retail chain the Occupational Safety and Health Adminis- in California; and a 1991 case that led to the tration’s (OSHA) Voluntary Protection Pro- expansion of California’s efforts to screen un- HON. DENNIS J. KUCINICH grams (VPP) is a testament to a company that derprivileged children for lead poisoning. OF OHIO puts the well-being of its employees above the On December 15, 1997, Bill Lann Lee was IN THE HOUSE OF REPRESENTATIVES careless and irresponsible desire to increase appointed Acting Attorney General for Civil Wednesday, September 6, 2000 profits at all costs—rare behavior at a time Rights at the Department of Justice. In this po- when profits often seem more important than sition, he has worked to strengthen our na- Mr. KUCINICH. Mr. Speaker, today I rise to people. tion’s hate crime laws, make society acces- remember Rose Marie Lovano, a woman who EII, Inc. is an electrical contractor providing sible to Americans with disabilities, fight hous- dedicated her life to improving her community maintenance and process support at the ing discrimination, and protect reproductive and the lives of those who lived in it. Infenium Chemical Plant, a VPP Star for five health care providers and combat modern day While Rose was active in her community it years running. EII, Inc.’s employees, all rep- slavery. His accomplishments as Acting As- was through politics that she felt that she resented by their respective trade unions, in- sistant Attorney General have been remark- could best help those around her. Rose be- clude electricians, pipefitters, millrights, and able, and that taken together with his previous lieved in politics as a tool to help improve peo- carpenters. Each employee has been incre- accomplishments in the NAACP and the Cen- ple’s lives. Rose’s long and distinguished ca- mental in OSHA’s evaluation and approval of ter for Law in the Public Interests make him reer in public service started in 1960, as pre- EII, Inc. an excellent choice for Assistant Attorney cinct committeewoman. Rose went on to serve OSHA’s recognition of EII, Inc. is the result General for Civil Rights. as president of the Garfield Heights Demo- of a special relationship that has developed Mr. Speaker, Bill Lann Lee has established cratic Club and has been a ward leader since between management and employees, a rela- a remarkable record of service as Acting As- 1981. Rose has also been awarded the dis- tionship established by the management’s sistant Attorney General, and it is most fitting tinct honor of representing her community at commitment has to the safety and health of that President Clinton made the recess ap- every Democratic National Convention since the hard working men and women at EII, Inc. pointment of Mr. Lee as Assistant Attorney 1980. In addition, EII, Inc. is the only electrical General because of his deep commitment to Born in Cleveland, Rose, before her career contractor to receive VPP approval, with less protecting the civil rights of all Americans. Bill in politics, served as a dedicated union mem- than 20 construction companies participating Lann Lee deserves to serve in this position, ber throughout her working life. She joined nation-wide—only two of which are in New but more importantly, our country needs to Bakery Workers Local 19, during her six years Jersey. have Bill Lann Lee in this post. working for J. Spang Baking Co., then joined Today, I ask my colleagues to join me as I Mr. Speaker, I commend President Clinton the Upholsterers Union during her seven years honor EII, Inc., a company that truly under- for appointing Bill Lann Lee to the post of As- working for Krohler Furniture. Rose went on to stands the safety needs of its employees, and sistant Attorney General, and I applaud the work for Greyhound Bus Lines, and was a a company that puts people before profits. appointment of the first Asian-American to steward in Local 1517 of the Amalgamated f America’s top civil rights post. Transit Union, serving also as president of the IN MEMORY OF MICHAEL ‘‘MITCH’’ f Greyhound credit union. Politics was Rose’s true passion. Rose is a BOICH, FOUNDER OF THE BOICH HONORING MACLOVIO MARTINEZ true example of how politics can serve the COMPANIES needs of the people, and benefit people’s HON. SCOTT McINNIS lives. Rose never turned her back on any of HON. ROBERT W. NEY OF COLORADO her constituents. Residents would constantly OF OHIO IN THE HOUSE OF REPRESENTATIVES call her at the home she shared with her fam- IN THE HOUSE OF REPRESENTATIVES ily, and Rose would never turn her back on Wednesday, September 6, 2000 them. If she couldn’t help she would find oth- Wednesday, September 6, 2000 Mr. MCINNIS. Mr. Speaker, I would like to ers who could. Rose’s life serves as model, to Mr. NEY. Mr. Speaker, I rise today in mem- take this moment to recognize the outstanding all, of how politics can be used as a tool of ory of Mitch Boich who passed away on Au- service of the Honorable Maclovio Martinez, of good, to help the people who often need it the gust 25, 2000. Mitch was the founder of the Costilla County, Colorado. Mr. Martinez is re- most. Boich Companies and a man of tremendous tiring after two decades of service as Costilla Mr. Speaker, on a personal note, I knew vision who never lost his sense of tradition. County Assessor. Before serving the great Rose, and the dedication, passion, and per- Mitch was a native of Steubenville, Ohio state of Colorado, Maclovio began his public sistence that she brought to politics, and her who served in the Army after graduating from service with the State Department in the For- life long commitment to helping others has Wintersville High School in 1944. After the eign Service, where he served for eight years had a profound effect on my life. It is for this war, he attended the Ohio State University. in Paraguay. reason, I ask my fellow colleagues to join me Since the late 1940’s, Mitch founded several Mr. Martinez’s achievements as a public in celebrating the life of this truly remarkable successful businesses in construction, coal servant are many in number. As Assessor, he human being who dedicated her life to helping mining and related industries. He and his wife helped to form the Costilla County Conser- others. of nearly 50 years, Doris Jean, have three

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17205 wonderful children; Michael, Cynthia and and immigrants when they first arrive in the REVEREND MONSIGNOR GERARD Betsy and three grandchildren. United States. T. LA CERRA DISTINGUISHED Mitch spent his life serving his community This program is due to expire on September AND BELOVED CHANCELLOR AND and was well loved and respected by all who 30 of this year. I call upon my colleagues to FRIEND knew him. He was a man known for his extend this religious worker visa program be- pizzazz and his strength. fore this date to avoid any disruption for those HON. ILEANA ROS-LEHTINEN Mr. Speaker, it is a privilege for me to pay seeking to enter our country. OF FLORIDA my last respects to a man who gave so much IN THE HOUSE OF REPRESENTATIVES of himself to his community and his family. At the same time, both the Department of Mitch will be missed by all whose lives he State and the Immigration and Naturalization Wednesday, September 6, 2000 touched. I am honored to have known him and Service have expressed concerns that the reli- Ms. ROS-LEHTINEN. Mr. Speaker, it is with to have been able to call him a friend. gious worker visa program is vulnerable to great sadness that I note the passing of Rev- fraud. I share many of these concerns. There- f erend Monsignor Gerard T. La Cerra, one of fore, as this legislation moves through Con- South Florida’s most beloved and distin- HONORING ROY MARTINEZ gress, we must address the issues raised by guished residents. the State Department and INS and ensure that With selfless devotion and love, Monsignor HON. SCOTT McINNIS only those persons who perform religious work La Cerra served the Archdiocese of Miami not enter on these visas. OF COLORADO only as its Chancellor from 1978 to 1993, but IN THE HOUSE OF REPRESENTATIVES I urge the permanent extension of the reli- also as a source of strength and inspiration to gious worker visa program at the earliest pos- Wednesday, September 6, 2000 all who knew him. Although we will all remem- sible date. ber his important position in the Church for he Mr. MCINNIS. Mr. Speaker, at this time I was designated as Prelate with Honor with the would like to extend my gratitude to the Hon- f title of Reverend Monsignor by His Holiness orable Roy Martinez. Mr. Martinez’s commit- Pope John Paul II and was appointed Found- ment to improving his community through pub- IN HONOR OF THE 40TH ANNIVER- ing Supervising Principal of the new Catholic lic service has made San Luis, Colorado a SARY OF THE SOUTHLAND YWCA High School in South Dade, Archbishop Cole- better place for everyone who lives there. man F. Carroll High, we will remember most After donating 26 years to his community, Mr. his extraordinary acts of kindness to the peo- Martinez is stepping down from public office. HON. DENNIS J. KUCINICH ple of South Florida. For over a quarter of a century, Mr. Mar- OF OHIO We were fortunate to have Monsignor La tinez has generously given of his time and Cerra and the love and kindness that he ex- IN THE HOUSE OF REPRESENTATIVES personal resources to the citizens of Costilla pressed to our community and our church will County. During the past four years he has Wednesday, September 6, 2000 forever be remembered and cherished. My of- served honorably as County Commissioner, fice and the rest of the South Florida Congres- where his diligent work helped to bring the Mr. KUCINICH. Mr. Speaker, I rise today to sional delegation had the opportunity to get to county into this technological age. Before be- honor the fortieth anniversary of the Southland know Monsignor La Cerra more closely and to coming Commissioner, he served as Clerk YWCA. This non-profit organization has been restitute some of the work he did for his parish and Recorder for over two decades, again, serving women and their families in the South- by organizing an effort to increase public with great distinction. west area of Cleveland since 1919, and it de- awareness on the need for organ transplant Mr. Martinez has served his community ad- serve our recognition and congratulations. and donations. He underwent a successful mirably and his dedication and drive to suc- The Southland YWCA in Middleburg heart transplant surgery and was able to con- ceed will be missed. Heights, Ohio is commemorating its 40th Anni- tinue his work in the Archdiocese of Miami. Roy, you have made your community, state versary on September 8 and 9, 2000. These I ask my Congressional colleagues to join and nation proud. I commend you on your two days of celebration should prove to be me in paying tribute to this devoted spiritual service to the citizens of Costilla County and embraced throughout the community, as leader and to express our heartfelt condo- I wish you the best in your future endeavors. women and their families show their apprecia- lences to his family and friends, may they find f tion for an organization that has continually peace and comfort in the knowledge that he made significant differences in the many lives RELIGIOUS WORKER VISAS served the people of its area with a large vari- ety of beneficial programs. he touched. He will forever be remembered. HON. ELTON GALLEGLY In 1960, the Southland YWCA moved to its f current location in Middleburg Heights, Ohio, OF CALIFORNIA HONORING PAT LATRONICA and it has continued to serve families in the IN THE HOUSE OF REPRESENTATIVES area ever since. The Southland YWCA serves Wednesday, September 6, 2000 the Southwest area of Cleveland in the areas HON. SCOTT McINNIS of fitness, child care, and diversity program- OF COLORADO Mr. GALLEGLY. Mr. Speaker, I would like to IN THE HOUSE OF REPRESENTATIVES express my support of H.R. 1871, the Mother ming, among many others. It has implemented Teresa Religious Worker Act of 1999, by add- many programs and activities for the commu- Wednesday, September 6, 2000 ing my name as a cosponsor. H.R. 1871 is an nity, including swimming lessons, summer day Mr. MCINNIS. Mr. Speaker, I would like to important bill that permanently extends the re- camp for children, exercise classes, karate take a moment to recognize a very distin- ligious worker visa program, which is set to lessons, homemaking lessons, craft classes, guished woman, Pat LaTronica of Pueblo, Col- expire at the end of this month. Under the cur- divorce support programs, help for battered orado. Mrs. LaTronica passed away July 3, rent program, 5,000 religious workers enter women, and even an investment club. 2000 at the age of 62. She was best known the United States each year to participate in Through these many services, the YWCA has for her work at a local restaurant as well as spiritual and charitable work in communities encouraged women to become activists in her charity work. With her warm heart and throughout our country, including many com- their own communities. great eye for classy fashion, she brought a munities in my native California. I take their opportunity to applaud the fine smile to patrons of her restaurant, no matter The visa program allows religious organiza- service the Southland YWCA has provided to their age or background. tions to sponsor non-minister religious workers Cleveland for forty years because I believe In addition to her work at the restaurant, from foreign countries. These volunteers often that organizations such as this one are essen- Mrs. LaTronica was also an enthusiastic vol- work with our most needy individuals through tial to the development of our communities unteer in her community. If it wasn’t helping church programs to ensure they have shelter throughout the country. I would like to wish the serve holiday dinners to those less fortunate, and food. Aside from assisting with the bare YWCA the best of luck in the future, and hope it was working hard on the board of directors necessities, they minister to the sick, work to see the organization commended again of the Salvation Army. No matter the time of with adolescents at risk, and assist refugees forty years from now. year, this wonderful woman could be found

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17206 EXTENSIONS OF REMARKS September 6, 2000 bringing smiles to the faces of citizens through Ms. Smith’s community service accomplish- HONORING PATTY ARAGON her considerable volunteer efforts. ments would fill many a page, so it will suffice Mrs. LaTronica brought a spirit of joy to all to say that she gives back to her community HON. SCOTT McINNIS of those around her no matter where or what tenfold. Ms. Smith has been recognized for OF COLORADO she was doing. It is this sense of joy and hap- her service with many awards, plaques and IN THE HOUSE OF REPRESENTATIVES piness that will be missed, but not soon forgot- certificates and thus it is fitting that the United Wednesday, September 6, 2000 ten. States Congress join the many others in hon- Mr. MCINNIS. Mr. Speaker, I would like to Ms. LaTronica was a great citizen and an oring her for her full and selfless life. even better person. She will be greatly missed take this moment to celebrate the wonderful by friends, family and the citizens of Pueblo. In addition to her outstanding community life of Patricia Aragon. Mrs. Aragon recently passed on after a courageous battle with can- f service, she is also a member of First Mis- sionary Baptist Church, she sings in the cer. IN HONOR OF THE UNION CITY church choir and is a member of the Mis- Patty was a beloved citizen of Pagosa HOUSING AUTHORITY, CELE- sionary Society, OES (Eastern Star) and The Springs where she and her husband, Ross, BRATING 50 YEARS OF AFFORD- Good Neighbor’s Club. raised their six children. And with Patty, it was ABLE HOUSING always children—hers and others in her com- I join Ms. Smith’s friends and family who munity—that came first. She served on the HON. ROBERT MENENDEZ love her dearly in wishing her a happy and local school board for over a decade where healthy 94th year. I thank her for her extraor- she was proud to pass out diplomas at com- OF NEW JERSEY dinary contributions to our community and mencement ceremonies. Everyone who came IN THE HOUSE OF REPRESENTATIVES wish her a well-deserved happy birthday. in contact with Patty was instantly overtaken Wednesday, September 6, 2000 with her loving spirit. When she wasn’t helping Mr. MENENDEZ. Mr. Speaker, I rise today f the school system, she could be found serving to honor the Housing Authority of Union City, patron’s of her restaurant. She and her hus- TRIBUTE TO CASTRO VALLEY UNI- New Jersey, celebrating a half-century of pro- band owned Al’s and Al’s West restaurants FIED SCHOOL DISTRICT AND ST. viding affordable housing to area families. where Patty was famous for her chiliburgers MARY’S COLLEGE SCHOOL OF The 50th anniversary of the Union City and homemade tortillas. EDUCATION Housing Authority is a wonderful cause for Patty Aragon was an incredibly spirited per- celebration. However, the real celebration lies son who loved to see others smile. Through in the extraordinary success the Authority has her business and public service, she touched achieved in community building, which has led HON. ELLEN O. TAUSCHER the lives of hundreds children and adults alike. to its recognition as one of the top performing OF CALIFORNIA It is with this, Mr. Speaker, that I say thank housing authorities in the nation. you to this remarkable woman and great Colo- IN THE HOUSE OF REPRESENTATIVES This success has been accomplished radan. She will be greatly missed, but not soon forgotten. through a clear understanding that building Wednesday, September 6, 2000 houses alone will not build communities. Com- f passion, hard work, dedication, and solid plan- Mrs. TAUSCHER. Mr. Speaker, I rise today LEBARON TAYLOR—A MAN FOR ning are the heart and mind of the Union City to honor an outstanding public-private partner- ALL SEASONS Housing Authority, and it is this heart and ship in my district and all the participants who mind that builds prosperous communities. share a deep commitment for the education of HON. EDOLPHUS TOWNS When people envision public housing, they our children. Castro Valley Unified School Dis- OF NEW YORK do not envision communities that provide for trict and St. Mary’s College of California have IN THE HOUSE OF REPRESENTATIVES the spiritual and social needs of residents. developed and implemented a partnership that Wednesday, September 6, 2000 Most picture dismal, neglected houses, empty has led to a comprehensive literacy develop- streets, and residents disconnected from the ment program at kindergarten through post- Mr. TOWNS. Mr. Speaker, next week the mainstream. graduate collegiate levels. Congressional Black Caucus Foundation will Public housing has changed because we host its 30th Annual Legislative Weekend. For have changed. For many years now, the I commend St. Mary’s College of California the first time in the history of this event, we Union City Housing Authority has had a dif- for forming a public-private partnership with will be without our beloved friend, and former ferent vision of public housing; and today, that the Castro Valley Unified School District. This CBC Foundation Chairman and board mem- vision has touched countless lives, satisfying commitment to the betterment of children and ber, H. LeBaron Taylor. LeBaron died from for many the age-old need for a real home— education by extending professional learning cardiac arrest on July 19th. not just a shelter from the harsh elements. experiences and teaching strategies has LeBaron was both Senior Vice President for Today, I ask my colleagues to join me as I greatly increased the school district’s ability to Corporate Affairs at Sony Music Entertainment honor the Union City Housing Authority for its deliver a comprehensive literacy program. Be- and Vice President for Corporate Affairs at extraordinary success at providing affordable cause of their efforts, almost all Castro Valley Sony Software Corporation. His responsibil- housing, establishing communities, and chang- Unified School District students completing ities ranged from government and public af- ing lives. third grade are at or above reading level, stu- fairs issues to corporate responsibilities includ- f dent achievement is up, literacy attainment is ing equal opportunity employment and minority heightened, and teaching strategies are being development and corporate philanthropy. TRIBUTE TO MS. KATHRINE SMITH redefined and better directed. LeBaron’s impact on the entertainment indus- OF MADISON COUNTY, ALABAMA try, however, far exceed his formal titles or po- I take great pride in honoring the dedication sitions within the Sony corporate structure. HON. ROBERT E. (BUD) CRAMER, JR. and professional leadership that St. Mary’s From his entry in the music industry as a College has taken in establishing this partner- OF ALABAMA broadcast engineer as well as an on-air per- ship. The partnership has helped expand the IN THE HOUSE OF REPRESENTATIVES sonality and program director at WCHB in De- role of the public school teacher to a re- troit to a stint as station manager at WDAS in Wednesday, September 6, 2000 searcher, writer, and facilitator and created a Philadelphia to his move into the record busi- Mr. CRAMER. Mr. Speaker, I rise today to model for successful literacy teacher-training ness with the creation of Revilot Records in pay tribute to a wonderful woman in my dis- programs. I believe that this public-private 1967, LeBaron was a pioneer in the promotion trict, Ms. Kathrine ‘‘Kate’’ Smith. Today Ms. partnership should serve as a model to school of Black music. He would later move to Atlan- Smith celebrates her 94th birthday. For almost districts and colleges across the country in tic Records in New York City before joining a century, she has graced North Alabama with order to create higher standards of literacy CBS Records in 1974. Black Enterprise maga- her dignified presence and has shared her tal- and literacy education at kindergarten through zine noted that LeBaron ‘‘defined black music ents and gifts with her community. post-graduate collegiate levels. in the ’70’s.’’

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17207 LeBaron’s unique relationships with artists every need of their loved ones a higher cause I wish to take this opportunity to thank Mr. led to his position with CBS Records as the than themselves. ‘‘Angles fly because they Foster for his exemplary role as a leader in head of their marketing department for Black take themselves lightly,’’ she would tell her our community. I join the Governor of Ala- music. Under his leadership, CBS Records’ children. Elli’s voyage through life was that of bama and the State Senate in commending Black music Marketing department became a lighted persona which the darkness of his- Mr. Foster for his selfless lifetime commitment the model for the entire industry. Three years tory could not comprehend, nor could personal to improving his city. As his friends, neighbors later, he became the company’s first vice tragedy embitter. and family join today to honor him, I share president of Black Music Marketing, with the Elli Stassinopoulos knew peril and hardship their pride in and gratitude for the life and ac- added responsibility of Jazz/Progressive Music early in life. Her family fled Russia during the complishments of their beloved Mr. Foster. On Marketing. LeBaron was recognized by Ebony 1917 Revolution. She was captured by the behalf of the United States Congress, I thank magazine as one of the ‘‘Top 50 Black Amer- Germans when she joined the anti-Nazi Greek him for a job well done. ican Executives in Corporate America’’ and, resistance. She surmounted a disappointing f most recently, as one of the top Blacks in the marriage. Despite here early travails, she lived entertainment industry. each day in simplicity and humility, triumphant, A TRUE COLORADO HERO Throughout his career, he received numer- with a grateful heart and a sense of wonder. ous awards for his public service activities and She slipped past the would-be conquerors of HON. SCOTT McINNIS his pioneering efforts in Black music mar- spirit to establish her domain in the sanctity of OF COLORADO keting. A two-time recipient of the Congres- the home. In it she created magic with food IN THE HOUSE OF REPRESENTATIVES and philosophy. Her household sustained and sional Black Caucus Chair Award, LeBaron Wednesday, September 6, 2000 also received the Chairman’s Humanitarian uplifted body, mind and spirit for her beloved Award from TransAfrica Forum; the NAACP daughters, Arianna, and Agapi and grand- Mr. MCINNIS. Mr. Speaker, I would like to Corporate Image Award; and awards from the daughters Christina and Isabella. take a moment to recognize an extraordinary National Urban League; the National Associa- ‘‘From the heirloom carpet spirited out of the young man, Travis Stout. Travis, a young Cub tion of Black Owned Broadcasters; The Black Caucasus to her last pair of gold earrings, she Scout, just recently received the Boy Scouts of Entertainment and Sports Lawyers Hall of sold everything along the way to pay for our America Medal of Merit. It was on November Fame, the White House Conference on Small schooling, sending me to Cambridge, and my 24, 1999 that Travis’ quick actions and knowl- Business and The Business Policy Review sister Agapi to the Royal Academy of Dra- edge of emergency actions allowed him to Council among many others that are too nu- matic Arts. But far beyond an education, she save his father from danger. This lifesaving merous to mention. His civic activities included gave us what I know is the greatest gift a award is being presented to a young man that board membership with organizations such as mother can give her child: her attention, her not only saved his father, but also exemplified the CBC Foundation, the Joint Center for Po- energy, her unconditional loving,’’ wrote the characteristics of what it takes to be a true litical and Economic Studies Board of Gov- Arianna in a recent Mother’s Day tribute to hero. ernors and the Rhythm & Blues Foundation. ‘‘Yaya’’ (Greek for grandmother). Travis, his younger brother Allen, and father Characteristically, the accomplishment of Yaya’s knowledge of the Greek classics, her Wayne were checking oil field generators as which LeBaron was most proud was his rec- stunning eloquence and her joy of living de- they often do on weekends. When methanol ognition by the Black Employees Organization fined enchantment for all visitors to her home. was blown back out of the line, Wayne was hit of CBS Inc. for mentoring and fostering the Her life was an unceasing hymn of praise to in the eyes and mouth. Travis, realizing the growth and development of minorities within her loved ones. And long after her beautiful danger of the event, quickly flushed out his fa- the company. voice has become a blessed memory, the ther’s eyes with water and dialed help. With A native of Detroit, LeBaron graduated from music of that praise will be felt in the hearts help unable to reach the area in time, Travis Wayne State University and recently was of those who loved her so much, and all re- operated his father’s truck and drove to the awarded an Honorary Doctor of Law degree echo in the voices of her daughters and Utah-Colorado border to meet help. from Miles College in Fairfield, Alabama. He granddaughters through the years. Great love Travis, a ten-year-old, took it upon himself was also a board member of the Grand Boule reverberates greatly. to help his father and in doing so became a Foundation of Sigma Pi Phi Fraternity and Mr. Speaker, I ask all Members of the hero of a size much greater than his own. I chaired its Social Action Committee. He is sur- House of Representatives to join with me in think we all owe this young gentleman our vived by his wife, Kay Loverlace Taylor, Ed.D. recognizing the life of Elli Stassinopoulos, a congratulations and commendations on this in- and four children: Eric and Tiffani from his first woman who exemplified the kind of caring and credible feat of heroism. Travis is a true hero marriage and his stepchildren, Laura and devoted love of a mother and grandmother and an outstanding citizen of our great nation, Jason, from his second marriage. His first which is cherished and which makes each as well as an example for all to follow. home a holy place. wife, Yvonne passed away in January of 1997. f The CBC Foundation’s Annual Legislative f IN TRIBUTE TO JIM AND MARIE Weekend will be forever changed by the ab- TRIBUTE TO MAYOR CLYDE MCCOY sence of LeBaron Taylor not only because of FOSTER OF TRIANA, ALABAMA his dedication to our Weekend’s activities, but also because of his lasting contributions to the HON. ROBERT E. (BUD) CRAMER, JR. HON. ELTON GALLEGLY OF CALIFORNIA public service work of the Foundation, his OF ALABAMA friendship and support for CBC Members and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES his contributions to the Black music industry. Wednesday, September 6, 2000 Wednesday, September 6, 2000 f Mr. CRAMER. Mr. Speaker, I rise today to Mr. GALLEGLY. Mr. Speaker, I pay tribute IN HONOR OF ELLI pay tribute to Mr. Clyde Foster, a resident of to Jim and Marie McCoy, who recently cele- STASSINOPOULOS my district and the former Mayor of Triana, brated 40 years as owners and operators of Alabama. The City of Triana has designated McCoy’s Automotive & Towing in Santa Paula, HON. DENNIS J. KUCINICH today as ‘‘Clyde Foster Day’’ and I want to join California, a city in my district known for its OF OHIO the City in recognizing their unsung hero. world-renowned citrus and hardworking citi- IN THE HOUSE OF REPRESENTATIVES Mr. Foster has dedicated many years of out- zens. standing public service to his community and McCoy’s Automotive offers foreign and do- Wednesday, September 6, 2000 to the entire state of Alabama. He has accu- mestic car service to its customers. Jim and Mr. KUCINICH. Mr. Speaker, I rise today to mulated over fifty years of community service Marie McCoy offer dedication and devotion to celebrate the extraordinary life of Elli including the twenty he spent as Mayor of the their community. Stassinopoulos, mother and grandmother, lovely city of Triana. In the position of Mayor, While building a thriving business, Jim whose singular, unselfish devotion to her fam- Mr. Foster held the city together improving the McCoy also found time to be president of the ily and friends places her in that pantheon lives of its citizens and making Triana a better Chamber of Commerce, a City Councilman which awaits all those who have made the place to work and raise a family. and Santa Paula’s mayor. Marie McCoy has

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17208 EXTENSIONS OF REMARKS September 6, 2000 been active with the Brownies, the PTA and PRESIDENT MUST PRESS In addition to our legitimate nuclear-pro- several other community organizations. To- VAJPAYEE ON HUMAN RIGHTS liferation concerns, it is important that as the gether, they took on many of the community’s AND SELF-DETERMINATION world’s only superpower, our leaders press the fund-raising needs, most recently the Jim government of India to live up to the demo- Knight Annual Golf Tournament, which bene- HON. EDOLPHUS TOWNS cratic standards they proclaim by allowing all fits Santa Paula Memorial Hospital. OF NEW YORK people within their borders to enjoy basic They built a family as they built a family IN THE HOUSE OF REPRESENTATIVES human rights and self-determination. If they do business. The McCoys started with a two-bay Wednesday, September 6, 2000 not do so, we should cut off U.S. aid to India garage in 1960 and expanded to a three-bay and put this Congress on record with a resolu- garage, with expanded services, three years Mr. TOWNS. Mr. Speaker, next week Indian tion in support of human rights, self-determina- later. By 1975, the McCoys had built such a Prime Minister Atal Bihari Vajpayee is coming tion, and nuclear nonproliferation for all the loyal following that they had to move to their to visit the United States. He will meet with people of South Asia. several American leaders, including President present location—an eight-bay garage—where f they continue to grow. Clinton and perhaps both major-party Presi- Mr. Speaker, it is fitting that on the day we dential candidates. When he meets with these HONORING CINDY K. BOWEN leaders, they must bring up the issue of return from our districts, having just celebrated human rights and self-determination. Labor Day, that we honor Jim and Marie HON. SCOTT McINNIS India claims to be a democracy, but in truth McCoy. They epitomize the small OF COLORADO there is no democracy in India. It is a militant IN THE HOUSE OF REPRESENTATIVES businessperson—people who strive to build Hindu fundamentalist state. Christians, ,Sikhs, America’s economy while raising strong fami- Muslims, Dalits, and other minorities suffer se- Wednesday, September 6, 2000 lies with strong ideals. They epitomize the en- vere oppression and atrocities at the hands of Mr. MCINNIS. Mr. Speaker, I would like to trepreneur, who takes time from his hectic Hindu fundamentalists. take a moment to honor the service of the schedule to serve as an elected official and Just last month, a priest in Gujarat was kid- Honorable Cindy K. Bowen, of Montrose community leader, and who takes time from napped, tortured, and paraded through town County, Colorado. Ms. Bowen is retiring after her hectic schedule to raise funds for nonprofit naked by militant Hindu nationalists. The In- over a decade of service as County Commis- organizations and serve in our schools. dian government has refused to register a sioner. Before serving as Commissioner, Ms. Mr. Speaker, I know my colleagues will join complaint against the kidnappers. This is the Bowen was a Senior Auditor for Dalby, me in congratulating Jim and Marie McCoy for latest act in a campaign of terror against Wendland and Company, CPA’s, where she 40 years of successful ownership of McCoy Christians that has been going on since served as Montrose County’s Auditor from Automotive & Towing, and thank them for a Christmas 1998. This campaign has seen the 1978–1987. lifetime of devotion to their community. murders of priests, rape of nuns, Hindu mili- For years, Cindy has done great service to tants burning a missionary and his two sons to western Colorado as a Commissioner and, be- f death in their van, the destruction of schools cause of her distinguished tenure, has re- TRIBUTE TO DR. ROBERT J. FISH- and prayer halls, and other anti-Christian ceived a number of awards. Among them are ER, SUPERINTENDENT, CASTRO atrocities. Most of these activities have been CCI Outstanding Freshman Commissioner of VALLEY UNIFIED SCHOOL DIS- carried out by allies of the government or peo- the year in 1989, and CCI Outstanding Com- TRICT ple affiliated with organizations under the um- missioner of the year in 1994. Ms. Bowen’s brella of the RSS, the parent organization of service to Montrose County has helped to HON. ELLEN O. TAUSCHER the ruling BJP, which was founded in support make it a better place for all its citizens. Her of Fascism. outstanding commitment to public service is OF CALIFORNIA Recently, Bal Thackeray, the leader of Shiv greatly appreciated and will be missed. IN THE HOUSE OF REPRESENTATIVES Sena, a coalition partner of the ruling BJP, It is with this, Mr. Speaker, that I congratu- Wednesday, September 6, 2000 threatened to engulf the country in violence if late Cindy on her upstanding service as a he is held responsible for his part in hundreds Mrs. TAUSCHER. Mr. Speaker, I rise today County Commissioner and wish her all the of murders in 1992. In India, democracy ap- best in all her future endeavors. to honor a very special leader in my district. parently requires making coalitions with killers. Dr. Robert Fisher has been involved in edu- The Christians are not the only minority that f cation for 36 years as a teacher and adminis- is being oppressed. When President Clinton TRIBUTE TO MRS. HELEN ELLIS trator. As Superintendent, Dr. Fisher has suc- visited India in March, 35 Sikhs were mas- JOHNSTON OF HUNTSVILLE, AL cessfully worked for the betterment of the en- sacred in the village of Chithi Singhpora in tire school community. Kashmir. The Indian government killed five HON. ROBERT E. (BUD) CRAMER, JR. Dr. Bob Fisher emphasized increased stu- Muslims, claiming that they were the individ- OF ALABAMA dent achievement marked by 95 percent of all uals responsible for the killings. Later they IN THE HOUSE OF REPRESENTATIVES third graders reading at grade level by the end were forced to admit that these Muslims were of third grade, distinguished performance by innocent. Now the Indian government has ar- Wednesday, September 6, 2000 schools on the statewide assessments, and rested two more people on the claim that they Mr. CRAMER. Mr. Speaker, it is with great four schools receiving recognition as State are responsible for the massacre. Yet two pleasure that I rise today to pay tribute to a Distinguished Schools. Dr. Fisher established independent investigations have clearly estab- resident of my district and a dear friend, Mrs. a partnership with St. Mary’s College, the lished that the Indian government itself was Helen Ellis Johnston. Mrs. Johnston’s accom- Annenberg Foundation, and the Hewlett Foun- responsible for the massacre. How can a plishments and service to her community dation. These public-private partnerships have democratic nation justify these actions? would fill many a page. She is greatly loved helped Dr. Fisher to better serve the school The Sikhs have declared their independ- and respected throughout the community and community and increase literacy rates among ence from India, forming the new country of will be honored by the local chapter of the Ar- students. Khalistan in 1987. The people of Kashmir thritis Foundation with their annual Humani- I take great pride in honoring Dr. Bob Fish- were promised a plebiscite on their future in tarian award. er’s dedication and leadership. His hard work 1948, and India promised the United Nations A native Kentuckian, Mrs. Johnston is mar- has created high standards, rigorous curricula that this referendum would be held as well. ried to Mr. William Hooper Johnston. She has and excellent teachers throughout the District. The people of predominantly Christian three daughters: Mrs. Patricia Vidler, Ms. Under his direction, Castro Valley Unified Nagalim seek their independence. There are Christy Catts, and Mrs. Cathy Nickelson. Mrs. School District has served as a model for several other freedom movements within In- Johnston moved to Alabama in 1952. Shortly schools in Alameda County and throughout dia’s borders. It seems to this Member that the thereafter she began the years of nonprofit the State of California. I believe that school best, fairest, and most democratic way to set- and volunteer service that have been the life- districts across the country should follow Dr. tle these issues is to conduct a free and fair blood of so many organizations. Fisher’s example and take the opportunity to plebiscite on the question of independence in After arriving in Huntsville, Mrs. Johnston learn from his successful and innovative ways. these minority nations. soon found her niche in working to improve

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17209 this community’s public health safety. She service. Educating women in an atmosphere satisfy Israeli concerns. No one underscored served for 12 years as Executive Director for of ‘‘In Omnibus Caritas’’ (In All Things Charity) that Arafat compromised on many issues. the North District of the Alabama Lung Asso- each student is challenged to grow both men- While many issues remain outstanding, ciation of Alabama. In this position, she took progress has been witnessed in numerous tally and spiritually through the virtue of serv- areas. The issue of sovereignty of East Jeru- a proactive approach to public health aware- ice. Students of all faiths are encouraged to salem, particularly El Aqsa Mosque, was ness helping to write and implement the first find their unique gifts and use them to help the among the outstanding issues. It is espe- Alabama Health Curriculum Guide for schools community they live in. In doing so, St. cially sensitive to Palestinians. We have to across the State. Receiving a grant from the Augustine’s has been aiding the communities recognize that the Palestinians were flexible, EPA, she conducted the first workshop in of Greater Cleveland for seventy-five years, however, they also have legitimate concerns North Alabama to create citizen awareness on and the students, staff, and administrators de- that are dear to them. the need for adoption of the Clean Air Amend- serve to be thanked. The issue of Jerusalem remains out- ment and later served on Alabama’s Environ- Mr. Speaker, I ask you and our colleagues standing, not only for the Palestinians. To mental Quality Control Board. this day, the international community has to join me in thanking the Saint Augustine not recognized the Israeli occupation of Je- Among her numerous community service Academy. The school has produced girls who rusalem. Numerous United Nations Security ventures, she shared her talents and gifts with are ready to fulfill their responsibilities to their Council resolutions considered that all legis- the Symphony Guild originating and chairing family, community, and the global society. Cel- lative and administrative measures taken by both the first Symphony Ball in 1964 and the ebrate with me these contributions the Acad- Israel, to change the legal status of Jeru- first Silver Tea in 1967 for the Youth Sym- emy has been providing as the Academy itself salem, are invalid and cannot change Jerusa- phony. Mrs. Johnston inaugurated several of celebrates its seventy-fifth anniversary. lem’s status. They urgently called upon Israel to rescind all such measures, and to our community’s premier charity social func- f tions including the Von Braun Center’s Beaux desist form further actions changing the sta- Arts Ball, the Library’s ‘‘Vive Le Livre’’ and EGYPT’S EFFORTS ON BEHALF OF tus of Jerusalem. Almost every country in THE CAMP DAVID MIDDLE EAST the world, including the United States, re- Huntsville Hospital Foundation’s Celebrity Golf spected those resolutions and have not estab- Classic. NEGOTIATIONS lished diplomatic Missions to Israel in the I believe this is a fitting tribute for one who Holy City. has dedicated many years to serving the na- HON. NICK J. RAHALL II On the eve of the Madrid Peace Conference tion and the citizens of North Alabama. I send OF WEST VIRGINIA (1991), the basis of the current negotiations, the United States reassured the Palestinians my congratulations to Mrs. Johnston and her IN THE HOUSE OF REPRESENTATIVES family as she accepts the well-deserved Hu- that ‘‘The U.S. is opposed to Israeli annex- manitarian Award from the Arthritis Foundation Wednesday, September 6, 2000 ation of East Jerusalem and extension of of North Alabama. On behalf of the people of Mr. RAHALL. Mr. Speaker, I submit into the Israeli law on it and the extension of Jerusa- lem’s municipal boundaries.’’ This remains Alabama’s 5th Congressional District, I join RECORD a letter from His Excellency Nabil the pronounced U.S. official position today. them in celebrating the extraordinary accom- Fahmy, Ambassador to the United States, rep- We must not forget that the negotiations plishments of a wonderful lady, Mrs. Helen resenting the Arab Republic of Egypt. at the Egyptian-Israeli Camp David summit Ellis Johnston. Mr. Speaker, when the Camp David Summit were also about to collapse on how to deal f ended without an agreement between the with the issue of Jerusalem. Each side stated leaders of Israel and Palestine, a vigorous its position in a letter to President Carter IN HONOR OF ST. AUGUSTINE campaign was activated to paint an arbitrary who would provide, for the record, an affir- ACADEMY’S SEVENTY-FIFTH AN- picture of what supposedly went wrong—to mation of the United States stance on Jeru- NIVERSARY salem. In his letter, dated September 22, 1978, the effect that Mr. Arafat was intransigent, had President Carter asserted: ‘‘The position of rejected all proposals put before him, and was the United States on Jerusalem remains as HON. DENNIS J. KUCINICH supported in this intransigence by Egypt and stated by Ambassador Goldberg in the OF OHIO Saudi Arabia. United Nations General Assembly on July 14, IN THE HOUSE OF REPRESENTATIVES I firmly believe that Egypt’s response to 1967, and subsequently by Ambassador Yost Wednesday, September 6, 2000 those arbitrary and much publicized charges in the United Nations Security Council on will go far to put a better light upon what, in July 1, 1969.’’ The two statements unequivo- Mr. KUCINICH. Mr. Speaker, I rise today to cally declared that: celebrate the seventy-fifth anniversary of St. truth, occurred. I submit for the RECORD the August 17, 2000 letter I have received from ‘‘The United States considers that the part Augustine Academy, an institute devoted to of Jerusalem that came under the control of excellence in education. The Academy is a Ambassador Nabil Fahmy on this subject, and Israel in the June (1967) War, like other areas private, non-profit all-girls high school that pre- commend it to my colleagues for their close occupied by Israel, is occupied territory . . . sents its students with a challenging array of consideration. The actions of Israel in the occupied por- options. The students of St. Augustine are on EMBASSY OF THE tion of Jerusalem . . . give rise to under- a business, college preparatory or general ARAB REPUBLIC OF EGYPT, standable concerns that the eventual disposi- tion of East Jerusalem may be prejudiced academic track. Throughout the past seventy- Washington, DC, August 17, 2000. Hon. NICK RAHALL, and the rights and activities of the popu- five years, this curriculum, by educating thou- Rayburn House Office Building, lation are already being affected and altered. sands of young women, has provided an edu- Washington, DC. (The United States) government regrets cational program that is personal, academi- DEAR CONGRESSMAN RAHALL: To follow and deplores this pattern of activity, and it cally stimulating and responsible to society’s upon the latest summit negotiations at has so informed the government of Israel on needs. Camp David, I would like to share with you numerous occasions since June 1967. The school was founded in 1925 by the Sis- some of my thoughts. (The United States) has consistently re- ters of Charity of Saint Augustine. While the As soon as the Camp David summit ended fused to recognize these measures as having Academy is a Christ-centered and family ori- without an agreement, a vigorous campaign anything but a provisional character and do painted a subjective picture of what went not accept them as affecting the ultimate ented community that reflects a Catholic tradi- wrong in the 14 days of closed negotiations. status of Jerusalem.’’ tion, students of all races and creeds are ac- In short, the story was that Arafat had been Forcing a compromise on the Palestinians cepted and welcomed by the Academy. In this intransigent, had rejected all proposals, and would ultimately mean the postponement of atmosphere, a strong emphasis is placed on was encouraged by Egypt and Saudi Arabia. the end of the conflict and would plant the responsibility, expectations, and initiative. St. These accounts overlook how far the Pales- seeds for a bloodier confrontation between Augustine has stressed the importance of indi- tinian position had moved over the last few future generations. We have learned, the vidual attention in education, for the personal years. By accepting the 1967 borders, Pal- hard way, that military superiority and concern shown these young ladies is excep- estinians had already compromised on about ‘‘qualitative edges’’ have never prevented 80% of what many in the region believe to be wars nor provided security, and will never tional. The advanced faculty fosters graduating the land of historic Palestine. Also, at Camp do. We have no alternative but to reach a classes of ‘‘lifelong learners’’ who will be fully David it was reported that they further comprehensive Palestinian-Israeli peace ac- prepared for their next path in life. agreed to an exchange of land leaving some cord, including Jerusalem, and to reach it In addition to St. Augustine’s reputation for settlements under Israeli sovereignty. They now, to bring to a final close the Pales- academics, the institution is also known for its have accepted intrusive security measures to tinian-Israel conflict.

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR00\E06SE0.000 E06SE0 17210 EXTENSIONS OF REMARKS September 6, 2000 In a NY Times Op-Ed article on August 6, HONORING DONNIE SPARKS presentations he has made to groups such as 2000, President Carter wrote: ‘‘Accolades for the National Managers Association and the one side and condemnation of the other is al- National Conference on Teaching Excellence ways a political temptation after an unsuc- HON. SCOTT McINNIS cessful effort, but this makes it very dif- OF COLORADO and his position as co-editor of the Alabama ficult to orchestrate future negotiation ses- IN THE HOUSE OF REPRESENTATIVES College System Professional Development sions where mutual confidence in the medi- Wednesday, September 6, 2000 News. ator is required. Such statements made since Dr. McCoy has served as a role model for Camp David discussions have aroused con- Mr. MCINNIS. Mr. Speaker, I would like to his students for nearly forty years. He has al- cern in the Arab community, and the pos- congratulate Donnie Sparks, of Canon City, ways upheld the position of the scholar athlete sible movement of the American Embassy Colorado, for his outstanding career in the Bu- coaching 9 All-American and 17 All-State foot- from Tel Aviv to Jerusalem would create an reau of Land Management. Mr. Sparks served ball players. He has been named Alabama even greater impediment to further diligently as field office manager for nearly two AAA State Coach of the Year and was in- progress.’’ decades. His efforts have been instrumental in ducted into the Alabama High School Sports Let us look for solutions rather than waste designing State and Federal partnerships that Hall of Fame in 1999. our time and energy trying to find excuses. have become eminently successful within the In addition to his exceptional professional As for Egypt’s role, when asked on Israeli Bureau. contributions to our area, Dr. McCoy has given television about this issue, President Clinton Before his distinguished career with the of himself and his talents serving as President answered ‘‘I think that the truth is that be- BLM in Colorado, Donnie worked as assistant of the Rotary Club of Sheffield and President cause this had never been discussed before manager for the Bureau in Alaska where he between the two parties—and because when of the Chamber of Commerce of the Shoals. helped to manage the entire northwest corner He has also served as Chairman of the Board we went into the negotiations, they were of the state. After moving to Colorado, usually secret or sacrosanct—that I’m not of Trustees of the Medical Center Shoals and sure, number one, that they thought they Donnie’s hard work paid off in contributions the Chairman of the Board of Directors of the knew enough to know what to ask for’’. that will live on in Colorado for many decades Shoals Economic Development Authority President Clinton also spoke about Egypt’s to come. Along with the Colorado Department among many others. role in the peace process in an interview of Corrections, Mr. Sparks helped to develop Throughout his life, Dr. McCoy has set a with Al-Hayat Newspaper published Friday the very successful wild horse program that great example of how one person can make a the 11th of August. He said: ‘‘The fact is that has been in place for nearly 15 years. Donnie huge difference in his community. I want to all that has happened since the original also worked to form yet another State and congratulate him on his well-deserved retire- Camp David in September ’78, including Ma- Federal partnership with the Colorado Depart- drid and Oslo, is an indication of the coura- ment. I understand his family and friends are ment of Parks and Outdoor Recreation cre- gathering tonight to celebrate his service to geous and visionary policy of Egypt. Egypt ating the Arkansas Headwaters Recreation was a pioneer for peace and continues to be the school at a dinner in his honor and I join a key partner for the United States. We Area, which has become the most rafted river them in wishing him the best. On behalf of the agree on the fundamentals of the peace proc- in the country. people of Alabama’s 5th Congressional Dis- ess and we will not be able to reach an It is with this, Mr. Speaker, that I say thank trict, I commend him for his tireless efforts for Israeli-Palestinian agreement on these core you to Donnie for his hard work and service the students of Northwest Alabama. issues without close consultations with over the years. Donnie’s distinguished career Egypt. We are engaged in such a process has been quite remarkable and has had a f today.’’ positive impact on Colorado that will not soon IN HONOR OF PUERTO RICO ON What more can be said to dispel rumors be forgotten. He has worked hard to improve ITS CONSTITUTION DAY that Egypt and other Arab countries were our great state and for that I thank him. not helpful to the negotiations in Camp I wish him the best in all his future endeav- HON. DENNIS J. KUCINICH David. Egypt has been a key player in ors. brokering almost all Palestinian-Israeli OF OHIO f agreements, and has taken an active role in IN THE HOUSE OF REPRESENTATIVES the pursuit of a just, lasting and comprehen- TRIBUTE TO DR. LARRY WYMAN Wednesday, September 6, 2000 sive peace settlement. When faced with a cri- MCCOY OF THE SHOALS, ALABAMA sis or a stalemate in any Arab-Israeli nego- Mr. KUCINICH. Mr. Speaker, I rise to honor tiations, the parties and the United States the citizens of Puerto Rico on Constitution always turn to Egypt for fair and objective HON. ROBERT E. (BUD) CRAMER, JR. Day, July 25, 1999. The people of Puerto Rico OF ALABAMA advice. One recent example was the Sharm el established Constitution of the Commonwealth Sheikh Summit in September 1999. IN THE HOUSE OF REPRESENTATIVES of Puerto Rico for the very same reasons our It is noteworthy that Prime Minister Wednesday, September 6, 2000 forefathers wrote the Constitution of the United Barak sent an envoy to Cairo even before States of America, to establish themselves as leaving the U.S. and then proceeded himself Mr. CRAMER. Mr. Speaker, I rise today to to Cairo to meet President Mubarak after his pay tribute to an intellectual treasure of my a democracy. return to the region, as did President Arafat. district, Dr. Larry McCoy of Northwest-Shoals The Puerto Rican Constitution ensures In the meantime, contacts between Egyptian Community College. Dr. McCoy has excelled basic welfare and human rights for the people, and American officials continued in search in all facets of academia. As a student, he cul- ensconces the idea of a government which re- of ways to overcome this impasse; Ambas- tivated a love of learning through his time at flects the will of the people, and pays tribute sador Walker, the Assistant Secretary of the University of Alabama, Athens College and and loyalty to the Constitution of the United State for Near Eastern Affairs went to Cairo Nova University. His almost 40 year career in States of America. where he met with President Mubarak and The Puerto Rican culture is a distinctly conferred with Foreign Minister Moussa to education includes positions all across the coordinate both countries’ efforts. President state of Alabama as a teacher, coach, athletic unique culture. By pledging allegiance to the Clinton has recently corresponded with director, Dean of Admissions and President of Constitution of the United States of America, President Mubarak and Secretary Albright a college. He served as Dean of Admissions the people of Puerto Rico celebrate shared has since then called Foreign Minister before becoming Dean of Student Develop- beliefs and the coexistence of both cultures. Moussa. As always, we are now examining ment at Athens State from 1983 to 1987. Dr. By ratifying their own Constitution, the people avenues of working with Palestinians and McCoy began his time in the Shoals at Muscle of Puerto Rico retain and honor their original Israelis to give a creative boost to the nego- Shoals Technical College but under his lead- heritage while expressing the desire to pursue tiating process. ership and with his keen vision and by adding democracy and happiness for themselves. It is a difficult task before us, let us focus programs and consolidating campuses, the Mr. Speaker, I would like to recognize the our efforts on finding a truly historic com- Technical College grew to become today’s following individuals for their contributions to promise to finally bring peace between Pal- estinians and Israelis. I look forward to thriving Northwest-Shoals Community College the Greater Cleveland: Rev. Tomas Acevedo, working with you toward this objective. with campuses in Muscle Shoals and Phil Dr. Barbara Bird-Bennet, Lcdo. Jose Feliciano, Sincerely, Campbell. Ray Galindo, Barbara Gill, Magda Gomez, NABIL FAHMY, His distinguished reputation as an Chris Hernandez, Vivian Riccio, Aurea Rivera, Ambassador. academian is supported by the numerous Diana Del Rosario, Ramon Torres. I hope that

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17211 my fellow colleagues will join me in honoring I wish all the best for Louise, her husband, a unique person is an understatement. Thank these individuals and praising the Puerto son Alan and her grandchildren as she em- you Basil for all you stood for and believed Rican people as they celebrate Constitution barks upon her Golden Years giving all her in.’’ Day. uninterrupted energy and love to her family, to Mr. Speaker and fellow colleagues, as you f her church, and to the community to which can see, this extraordinary human being truly she has already contributed so abundantly deserves our gratitude and our thanks. It is in- TRIBUTE TO LOUISE STEFANELLI throughout her remarkable life in her adopted dividuals like Basil who are committed to SIMMONS State of West Virginia. bettering the lives of America’s youth through f both education and public service that make HON. NICK J. RAHALL II our great country what it is today. Basil T. OF WEST VIRGINIA HONORING BASIL T. KNIGHT Knight may be gone, but his proud and distin- IN THE HOUSE OF REPRESENTATIVES guished legacy will long endure. America is most assuredly a better place for Wednesday, September 6, 2000 HON. SCOTT McINNIS OF COLORADO having known Basil T. Knight. Mr. RAHALL. Mr. Speaker, I rise in tribute to IN THE HOUSE OF REPRESENTATIVES f Louise Stefanelli Simmons who retired from PROPOSED TRIBUTE TO LIEUTEN- the Corps of Engineers in Huntington, West Wednesday, September 6, 2000 ANT COLONEL DOUGLAS E. Virginia on August 1, 2000 after dedicating 39 Mr. MCINNIS. Mr. Speaker, it is with great WADE, UNITED STATES AIR years, 11 months and four days to the Corps. sadness that I now honor an extraordinary FORCE, ON THE OCCASION OF I salute Louise Stefanelli Simmons for her human being and great American, Basil T. HIS RETIREMENT lifelong dedication to her husband and son Knight. Mr. Knight was an educator that Alan, as well as her devotion to duty through- changed the lives of literally thousands of out her service with the U.S. Army Corps of young men and women over his more than HON. JOHN JOSEPH MOAKLEY Engineers. Her professionalism as well as her seven decades as an educator in western Col- OF MASSACHUSETTS commitment to family and community are an orado. As family, friends, former students and IN THE HOUSE OF REPRESENTATIVES outstanding example of family values and colleagues mourn this profound loss, I would Wednesday, September 6, 2000 good citizenship. like to honor this truly great American. Mr. MOAKLEY. Mr. Speaker, I rise today to Louise was born in Newark, New Jersey of Mr. Knight was an individual that reached pay tribute to Lieutenant Colonel Douglas E. Italian immigrant parents, one of four children. out to help every human being that he came Wade as he prepares to culminate his active After graduating from Newark Prep with an as- in contact with. As an educator, countless stu- duty career in the United States Air Force. sociate degree in business, Louise worked as dents in District 51 have been affected by this Doug is the epitome of an outstanding officer a civilian for the U.S. Army Corps in Newark remarkable man and each are better off be- and leader. during World War II, where she met her future cause of his service. Basil began his leg- Lieutenant Colonel Wade began his career husband Howard ‘‘Red’’ Simmons. Upon her endary educational career as a substitute more than 20 years ago as an enlisted soldier marriage, she left family and friends in New teacher at Mount Lincoln School near Pali- in the Army. He then received his direct com- Jersey to marry ‘‘Simmy’’ as she called him, sade, Colorado, in 1923. He went on to be- mission as a second lieutenant in the Air moving with him to Huntington, West Virginia. come Principal only a year later. In 1925, Basil Force. A law graduate of Ohio State Univer- Louise remembers the ‘‘culture shock’’ when became a math teacher at Grand Junction sity, as well as the Air Command and Staff she first visited downtown Huntington—the girl High School where he remained for over three College, Doug Wade has met the many chal- from the ‘‘big city’’—there was no comparison. decades. As remarkable as his teaching ca- lenges of military service as an Air Force Offi- Early on in her marriage to ‘‘Simmy’’, she reer was, his immense impact upon the com- cer, and has faithfully served his country in a helped him run their restaurant, the Corral munity continued long after he left the class- variety of command and staff assignments. Drive-Inn near Marshall University, then got room. Doug concludes his career as the Director her real estate license so she could help him Mr. Knight was elected County Supervisor for House Affairs in the Office of the Assistant in his real estate development business. of Schools in 1965, which placed him in Secretary of Defense for Legislative Affairs; he In addition to helping out with the restaurant charge of over 40 schools within the county. was instrumental in advising the Defense De- business and her husband’s real estate inter- As supervisor, he continued to work to ensure partment leadership on a broad range of na- ests, Louise worked several years for an in- that the children in his community would re- tional security issues of immediate interest to surance company before coming to the Corps ceive the best education possible. His commit- Congress. Doug’s personal rapport with the of Engineers in 1963, Beginning in the typing ment to education earned him not only the Ed- House leadership and Members of Congress pool before becoming secretary to the Chief of ucator of the Year award in 1974 from the was vital in ensuring Department of Defense Engineering, she later became the secretary Colorado Education Association, but also the programs were clearly presented and soundly to the Colonel in charge of the Huntington District 51 staff development center now bears defended on Capitol Hill. Corps, where she remained for nearly four his name. Employees and visitors alike are re- Mr. Speaker, service and dedication to duty decades. minded of his unmatched commitment to edu- have been the hallmarks of Lieutenant Colonel Louise will spend much of her retirement cation every time they set foot in the Basil T. Wade’s career. He has served our nation and time as a long-time booster of Marshall Uni- Knight Center. the Air Force well during his years of service, versity’s sports activities, especially the foot- Mr. Knight’s passion for serving children ex- and we are indebted for his many contribu- ball team, and attending the sporting events tended well into his golden years. In fact, he tions and sacrifices in the defense of the involving her two grandchildren, Mark 14 and played an instrumental role in the passage of United States. I am sure that everyone who Elizabeth 12. a recent school bond initiative that helped im- has worked with Doug joins me in wishing him Louise loves to travel, back to New Jersey prove a number of existing schools in the and his family health, happiness, and success with family and friends. Early this summer she Grand Junction area and build two new ones. in the years to come. took a 2-week vacation to Italy, to revisit the The passing of this bond was the answer to a f history of her parentage, and to steep herself wish he made on his 100th birthday. Beyond HONORING DONELDA WARHURST in the culture and traditions of her parents’ his brick and mortar contributions to School AND LIZ STUMPF OF YORBA homeland. District 51, Mr. Knight’s legacy will also endure LINDA, CALIFORNIA Other retirement activities will include her in his five A’s philosophy (attendance, attitude, dedication to walking (twice around Ritter Park attention, achievement and ABC’s), a philos- at least 5 days a week), watching old movies, ophy still used by the district today. HON. GARY G. MILLER OF CALIFORNIA and perfecting her Italian cooking. Louise is an Former State Senator Tilman Bishop, in a IN THE HOUSE OF REPRESENTATIVES active member of Johnson Memorial United recent article in the Grand Junction Daily Sen- Methodist Church, the Women’s Club of Hun- tinel, helps to sum up the impact Basil had on Wednesday, September 6, 2000 tington, and participates in the Professional his community: ‘‘Many generations have and Mr. GARY MILLER of California. Mr. Speak- Secretaries Association. will benefit from Basil T. Knight, to say he was er, it is with great pleasure that I honor

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17212 EXTENSIONS OF REMARKS September 6, 2000 Donelda Warhurst and Liz Stumpf, teachers at grass-roots lobbying efforts to bring labor-re- He will be greatly missed. Bryant Ranch School, in Yorba Linda, Cali- lated issues and concerns into the limelight. f fornia. Ms. Warhurst and Mrs. Stumpf are The union membership granted Nick many more than just educators; they are passionate, official duties, including group steward, head INTRODUCTION OF THE ‘‘WORK inspiring leaders who encourage their students steward, benefits representative, chair of the MADE FOR HIRE AND COPY- to reach beyond the walls of the classroom in bargaining committee, member of the Local 75 RIGHT CORRECTIONS ACT OF their pursuit of knowledge. Executive Board (culminating in the last 15 2000’’ Ms. Warhurst and Mrs. Stumpf spearheaded years as Local President), member of the na- the award-winning ‘‘Once Upon a River’’ cur- tional UAW negotiating team for the HON. JOHN CONYERS, JR. riculum. ‘‘Once Upon a River’’ is an integrated, DaimlerChrysler national contract negotiations OF MICHIGAN cross curriculum approach that allows stu- and a seat on the Wisconsin State UAW CAP IN THE HOUSE OF REPRESENTATIVES Executive Board until his retirement last dents to learn more about the Santa Ana Wednesday, September 6, 2000 River while simultaneously mastering grade- month. level skills in language arts, math, science, so- It will be literally impossible to replace Nick Mr. CONYERS. Mr. Speaker, I am pleased cial studies, and the arts. Romano and forget all that he has done and to join with subcommittee ranking Member In addition to studying the chemistry and bi- meant to the UAW in southeastern Wisconsin, HOWARD BERMAN and subcommittee chairman ology of the water, the historical importance of the Midwest and our nation. But let each and HOWARD COBLE to introduce the ‘‘Work Made the Santa Ana River, and data collection skills, every one of us learn from Nick’s four dec- for Hire and Copyright Corrections Act of the students also have a public property ac- ades’ worth of leadership to step up and do 2000,’’ which strikes ‘‘sound recordings’’ from cess permit to carry-out mitigation of Arundo the best we can to live by his example. May the definition of ‘‘work made for hire’’ in sec- Donax, Castor Bean, and Tamarisk. Students God bless you Nick, Judy and your family. tion 101 of the Copyright Act. have applied their knowledge to effectively Nick will be honored by UAW International This bill undoes an amendment to the Copy- clear the area of Arundo Donax, an introduced Representatives, Region 4 and Local Rep- right Act made last November, an amendment species of bamboo that was threatening native resentatives, his family and many friends at a that changed the Act to treat ‘‘sound record- plants, build and install bluebird boxes, and retirement dinner Saturday, September 9 in ings’’ as ‘‘works made for hire.’’ Without the educate others about the Santa Ana River. Milwaukee. I personally extend my thanks and benefit of Committee hearings or other debate, Ms. Warhurst and Mrs. Stumpf have show- well wishes to Nick for all that he’s done. that change effectively terminated any future cased and furthered the work of their students f interest that artists might have in their sound recordings and turned them over permanently through various community partnerships. The HONORING ROBERT STANTON Orange County Park Service and the Orange to the record companies. County Flood Control District have served as Fortunately, all of the interested parties—the advisors. Students have also worked with offi- HON. SCOTT McINNIS Members, the recording artists, and the re- OF COLORADO cials at the City of Yorba Linda and a local bat cording industry—after hearing testimony at a IN THE HOUSE OF REPRESENTATIVES biologist. Subcommittee hearing now agree that the pro- ‘‘Once Upon a River’’ has been a success. Wednesday, September 6, 2000 vision must be struck, that we must return the After five years and 10,080 volunteer hours Mr. MCINNIS. Mr. Speaker, it is with great law to where it was on November 28, 1999, provided by 280 students, an acre of the high- sadness that I wish to take this moment to the day before the amendment passed into ly invasive ‘‘Arundo Donax’’ has been com- recognize the remarkable life and achieve- law, so that artists’ authorship rights are pre- pletely removed along the Santa Ana River. ments of one of Colorado’s leading public served. Ms. Warhurst and Mrs. Stumpf have been servants, Robert Stanton, who recently passed I am pleased that the recording industry has recognized by the Orange County Board of away. As family, friends, and neighbors mourn worked diligently with the recording artists to Supervisors, the Placentia Yorba Linda Unified his passing, I would like to honor this great reach agreement on how to do just that. Ar- School Board, and the Points of Light Founda- Coloradan. rived at after several months of negotiations, tion. For the better half of a decade, Mr. Stanton this bill ensures that we return to status quo Mr. Speaker, I ask that this House please served faithfully as the president of the ante on ‘‘sound recordings’’ with respect to join me in recognizing, honoring and com- Bonfils-Stanton foundation. This foundation whether and under what circumstances they mending Ms. Warhurst and Mrs. Stumpf for was established in 1962 by Charles Edwin are considered ‘‘works made for hire.’’ The bill their creativity, leadership, and commitment to Stanton following the death of his wife, Mary is retroactive to the date section 1011(d) was their students. Madeline Bonfils, and is devoted to the ad- enacted. As such, this bill will function as if f vancement of philanthropic causes. Robert section 1011(d) never existed; the artists and has made numerous contributions to many or- industry have the same rights now that they A TRIBUTE TO NICK ROMANO ganizations, including the University of Colo- did on November 28, 1999. rado Health and Sciences Center and the Uni- I ask my colleagues to support this com- HON. GERALD D. KLECZKA versity of Denver Biological Sciences Depart- promise legislation. Vote ‘‘Yes’’ when it comes OF WISCONSIN ment where he created an endowment. in before the full House. IN THE HOUSE OF REPRESENTATIVES honor of Ira E. Cutler. f Robert had an extremely distinguished pro- Wednesday, September 6, 2000 fessional career working for the American So- A TRIBUTE TO KIRKLAND TEEN Mr. KLECZKA. Mr. Speaker, I rise today in ciety of Mechanical Engineers, the Board of CENTER tribute to my good friend and a life-long sup- Examiners for Engineers and Land Surveyors, porter of working men and women, Nick Ro- the National Society of Professional Surveyors HON. JAY INSLEE mano, who retired July 1, 2000 after 42 years Inc., the American Institute of Chemical Engi- OF WASHINGTON of dedicated service to and membership in the neers, as well as supervising fieldwork for oil IN THE HOUSE OF REPRESENTATIVES United Auto Workers (UAW). companies in Colorado, Oklahoma and Texas. Wednesday, September 6, 2000 Nicholas Romano was hired in 1958 at the Mr. Stanton’s life was one of distinction both Milwaukee manufacturing plant of American professionally and in the realm of public serv- Mr. INSLEE. Mr. Speaker, we hear so much Motors. Throughout his years at the American ice. these days about the problems plaguing to- Motors Body Plant, Chrysler and the UAW, In addition to his distinguished professional day’s young people that sometimes the Nick has been a progressive advocate for his career, Mr. Stanton still found time to serve positives are drowned out. Therefore, I rise union brothers and sisters, his neighbors and his community and state and that is why his today to publicly recognize the Kirkland Teen community. A selfless leader, Nick seized memory will live on in the minds of many. I am Center. I will be attending the center’s every opportunity available to express the confident, Mr. Speaker, that in the face of this groundbreaking ceremony this Saturday, and I opinions of organized labor to his elected offi- loss, family and friends can take comfort in the want to take a moment to make my col- cials locally, on the state level and nationally. knowledge that each is a better person for leagues aware of this extraordinary center, Nick organized and participated in many having known him. created by our youth for our youth.

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17213 The center’s operating partner, Friends of I rise today to commend Chief Sims for his Robert has an unusual determination. This Youth, is a local non-profit agency with nine- commitment to helping his neighbors in Rob- became particularly evident when he badly teen locations throughout King and Snohomish ertson County. I ask all my fellow Members of hurt his knee while playing tennis. He went Counties. The Friends of Youth’s mission is to: Congress to join me in commending this fine through two and one half months on crutches develop, provide and advocate services for public servant, and wishing him well in his re- and hours of physical therapy. His doctors told children, youth, their families and communities tirement. him he could play tennis again, but would not that encourage individual growth and promote f be competitive due to the seriousness of the constructive relationships. injury. He did not let their admonitions deter Mr. Speaker, that mission will be the guiding HONORING JOHNNETTE PHILLIPS him from his game. force behind this drug-free and alcohol-free Robert won this award, not because he had youth center. The center will include a coffee HON. SCOTT McINNIS a particularly good year, but because he has shop with a teen manager, provide poetry OF COLORADO been a steady, reliable athlete and has always classes, as well as provide a state of the art IN THE HOUSE OF REPRESENTATIVES been in it for the long haul. His coach credits recording studio, a modem photography lab, Wednesday, September 06, 2000 him with holding his tennis team together dur- and a graphic art/animation technology station. ing a transition and leading them to the re- Mr. MCINNIS. Mr. Speaker, I would like to Moreover, the center is being built from the take this moment to honor the distinguished gional level. This young man is more than an athlete; he ground up and will connect with the Kirkland service of the Honorable Johnnette Phillips of is a scholar, a young leader in his school and Senior Center, allowing for intergenerational Eagle County, Colorado. Johnnette is retiring community, and he volunteers his time to programs and events. The center allows teens as Eagle County Commissioner after serving teach tennis to younger people in the commu- to develop positive relationships with peers admirably for nearly a decade. Her out- nity. He is a National Honor Society member, and adults, and parents to have the security in standing commitment is unparalleled and her captain of his tennis team, and has a grade knowing their child is spending time at a safe contributions immeasurable. place. For Johnnette, serving her community point average of 3.74. I hosted three informative town meetings in comes naturally. Before serving as commis- The Hispanic Heritage Awards celebrates my district last year about the need for after- sioner, she used her natural leadership ability the achievements of outstanding Hispanic school programs. I strongly believe that after- as Eagle County Clerk and Recorder, serving Americans in the arts, literature, leadership, school programs are an excellent, well-proven for nearly 15 years. Beyond her efforts as education and sports. The awards program way to keep teens from engaging in criminal Clerk and Recorder and Commissioner, provides an important service to the commu- activities. The time between school bells and Johnnette has helped advance the cause of a nity and youth by profiling Hispanic American dinner bells presents the most risk to our number of worthy organizations, serving as role models. The awards, which are endorsed young people, and in an age when most par- President and Second Vice President of Colo- by 34 national Hispanic organizations who ents are unable to stay home with their chil- rado Counties, Inc., Northwest Colorado serve as the nominating committee, is the only dren, we must provide safe and productive ac- Council of Governments Executive Board and program co-hosted by all of these organiza- tivities for our youth. The Kirkland Teen Cen- President of both the American Legion Auxil- tions. I ask my colleagues to join me today in ter is a perfect example of a safe, after-school iary and the Colorado State Association of commending Robert Anguiano for his accom- center, and I believe Congress would do well County Clerks and Recorders. to promote more centers like this one around Johnnette’s drive and determination has not plishments and his quiet leadership in the the country. only improved her local community, but also classroom and on the tennis court, and in All of the youth that volunteered their time to earned her national recognition. Ms. Phillips commending the Hispanic Heritage Awards for plan, or serve on this center’s Board of Direc- received the well-deserved honor of being their efforts in rewarding the excellence tors and Advisory Board, deserve our praise named among Who’s Who in U.S. Executives among our young people. for their hard work and selfless dedication to in 1995 and Who’s Who in Women Executives f their community as a whole. I ask all of my in 1996. What’ more, her service has won her colleagues to join me in congratulating every- A TRIBUTE TO A VETERAN, HERB the admiration of an entire community. KING one involved in the Kirkland Teen Center for On behalf of the State of Colorado and the a job well done. United States Congress, Johnnette, I thank f you for your service and wish you the very HON. BOB FILNER OF CALIFORNIA IN HONOR OF JIMMY SIMS, ROB- best in your future endeavors. Your immense IN THE HOUSE OF REPRESENTATIVES ERTSON COUNTY, KY FIRE- contributions to Eagle County will not be soon FIGHTER forgotten. Wednesday, September 6, 2000 f Mr. FILNER. Mr. Speaker, I rise today to HON. KEN LUCAS TRIBUTE TO ROBERT ANGUIANO recognize Mr. Herb King who is being honored OF KENTUCKY on September 8th at the California Gay Vet- IN THE HOUSE OF REPRESENTATIVES HON. SOLOMON P. ORTIZ erans Memorial Dinner as the winner of the Sheila Kuehl Leadership Award. OF TEXAS Wednesday, September 6, 2000 Herb is a long-time friend. He was born in IN THE HOUSE OF REPRESENTATIVES Mr. LUCAS of Kentucky. Mr. Speaker, I rise September, 1918 and graduated from the Bos- today in recognition of Mr. Jimmy Sims, who Wednesday, September 6, 2000 ton Latin School, the oldest public school in recently retired as Fire Chief of the Robertson Mr. ORTIZ. Mr. Speaker, I rise to pay tribute the United States. He attended the University County, KY Fire Department. to Robert Anguiano of Corpus Christi’s Tuloso- of Massachusetts in Amherst and graduated Mr. Sims’ retirement wraps up nearly a half- Midway High School, for winning the Hispanic from the Massachusetts Institute of Tech- century of dedicated service to his community. Heritage Awards Foundation National Youth nology in June, 1940 with a Bachelor of He is the only surviving founding member of Award for Sports. This young man has an Science Degree in Biology and Public Health. the volunteer department, which was started in enormous amount of discipline and endur- He went on active duty as a reserve Army 1951. Mr. Sims served as chief from 1975– ance. Second Lieutenant in October of 1940. When 1999. Another example of his extraordinary Robert has accomplished a great deal in the Pearl Harbor was attacked the following De- level of dedication—his home served as the field of sports and academics, and I am proud cember, he volunteered for field duty, served county fire dispatch center for 24 years. From that he was chosen for this honor. Robert is in the North African and Italian campaigns, 1969–1993, he took emergency calls and dis- in the top 20% of his class, an athlete-scholar and reached the rank of Major and a Battalion patched crews from his home. with a litany of associations including honors Commander. Mr. Sims helped his neighbors countless clubs, leadership awards and community serv- At the Quartermaster Subsistence Research times over the years, responding to round-the- ice. He is precisely the sort of young person Laboratory in Chicago, Herb developed the clock calls for help, saving lives and protecting that the Hispanic Heritage Awards Foundation formula for a concentrated ration that was property. seeks to reward. designated as the ‘‘K’’ Ration, based on his

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17214 EXTENSIONS OF REMARKS September 6, 2000 last name. After World War II, he became an nual Musical Arts Concert, they also offer an paign finance reform. The League sponsors a industrial engineer in the food industry, de- ear-pleasing addition to the city’s cultural series of talks by local county officials on local signing food processing plants. He retired over bounty. issues. It is studying the need for a new Coun- 20 years ago. Recently, the church agreed to provide col- ty Courthouse and other facilities. The League Herb has been on the executive board of lege scholarships to all incoming Central Inter- is also encouraging voters to take a friend to the California Democratic Party, twice a dele- mediate School sixth-grade students who vote, as a means to encourage citizens to gate to the Democratic. National Convention, graduate from high school and go on to col- vote. The League of Women Voters adheres a member of the Gay, Lesbian and Bisexual lege. to the belief that democracy is not a spectator Veterans of America since it was founded in Mr. Speaker, this clearly is a church that sport. 1990, and a founding member and participant has taken its Christian mission to heart by not The League of Women Voters is open to of the Federation of Gay Games. He was one abandoning Saginaw, but instead acting as a men and women, at least 18 years of age. of four gay and lesbian veterans who partici- good neighbor in finding ways to improve the The League is non-partisan, but involved in pated in a nation-wide bus tour in 1993, pro- lives of its residents. many efforts in our communities. Always, the moting equal rights for gays and lesbians in f focus of the League is encouraging active cit- military service. Herb currently writes a regular izen involvement and participation in the com- column for the San Diego Gay and Lesbian HONORING THE 75TH ANNIVER- munity and in the government. Times and is a member of the San Diego Gay SARY OF THE JACKSON COUNTY Mr. Speaker, I ask my colleagues to join me and Lesbian Band. LEAGUE OF WOMEN VOTERS in honoring the men and women of Jackson The Sheila Kuehl Leadership Award that County on the occasion of the 75th anniver- Herb is receiving is named for California State HON. JERRY F. COSTELLO sary of the Jackson County League of Women Assemblymember Sheila Kuehl. The proceeds OF ILLINOIS Voters. from this Memorial Dinner will be dedicated to IN THE HOUSE OF REPRESENTATIVES f building California’s first Lesbian Gay and Bi- Wednesday, September 6, 2000 sexual Veterans Memorial in Palm Springs. IN SUPPORT OF VAWA As a Member of the House Veterans’ Affairs Mr. COSTELLO. Mr. Speaker, I rise today to REAUTHORIZATION Committee, I am pleased to recognize Herb ask my colleagues to join me in honoring the King for his military service to our nation and 75th anniversary of the Jackson County HON. PATSY T. MINK for his friendship and support. League of Women Voters. OF HAWAII f The League of Women Voters of the United IN THE HOUSE OF REPRESENTATIVES States was formed in 1920 by suffragettes THE FIRST CONGREGATIONAL who wanted to ensure that the newly enfran- Wednesday, September 6, 2000 CHURCH OF SAGINAW chised women would be informed about the Mrs. MINK of Hawaii. Mr. Speaker, I rise voting process and about how to vote. Five today to urge the leadership of the House of HON. JAMES A. BARCIA years later, a group of women in Jackson Representatives to schedule floor action on OF MICHIGAN County began a league locally. the reauthorization of the Violence Against IN THE HOUSE OF REPRESENTATIVES For 75 years the Jackson County League of Women Act (VAWA), which expires this year. Women Voters has helped all voters, men and The Violence Against Women Act, H.R. Wednesday, September 6, 2000 women, to prepare for elections. The League 1248, was reported out of the House Judiciary Mr. BARCIA. Mr. Speaker, I rise today to has held demonstrations on how to vote, Committee on June 27, 2000. With 216 co- praise and give thanks to the First Congrega- sponsored forums for candidates to explain sponsors, H.R. 1248 enjoys strong bipartisan tional Church of Saginaw for the devotion its their views and published election guides. For support. It reauthorizes current VAWA grant members have shown to the community, serv- several decades, League members have programs for 5 years, makes targeted im- ing as a beacon of hope to those mistakenly served in Jackson County as deputy reg- provements, and adds important new pro- sounding the death knell for a vibrant city on istrars, registering voters at local events and grams. the cusp of a renaissance. stores. The passage of the Violence Against The church’s story is one of survival and The League believes in open and account- Women Act in 1994 was one of the greatest perseverance through many struggles, toils able government. Locally, it promoted the City accomplishments of the 103rd Congress and and tears. Members first gathered together in Manager form of government for the City of the Clinton Administration. Since 1995, VAWA 1857, constructing the present church building Carbondale and has studied the profes- grants have provided a major source of fund- in Romanesque Revival style in 1868 with sionalization of and the various forms of both ing for national and local programs to reduce plans by Detroit architect Gordon W. Lloyd. A city and county government. For many years rape, stalking, and domestic violence. The fellowship hall, school wing, the Bethlehem before the advent of the Open Meetings Act 1994 Act bolstered the prosecution of child Chapel and the former Mary E. Dow House which requires that public bodies post agen- abuse, sexual assault, and domestic violence designed by Alden B. Dow were added later. das and hold open meetings, the League sent cases; provided services for victims by funding Visitors to First Congregational cannot help observers to many public meetings as a re- shelters and sexual assault crisis centers; in- but cast an awestruck eye on its elegant minder to public officials about the citizens creased resources for law enforcement and beauty and the inspiration its sanctuary gives whom they serve. prosecutors; and created a National Domestic to all who stand in it. The original sanctuary The Jackson County League of Women Vot- Violence Hotline. windows were replaced with magnificent ers has also helped to desegregate the VAWA has made a difference in the lives of stained glass, adding a special touch to the schools, integrate the neighborhoods, develop millions of women, but we need to do more. stately 1913 Louis Comfort Tiffany window in recycling and other environmental programs, We must ensure that we adequately address the north transept. The church, a bulwark create standards for large scale livestock the needs of all victims of domestic violence ever-changing, did more building and restora- farms and ensure the safety of the drinking and sexual assault including immigrant tion in 1973 following a fire that destroyed the water. The League has also published a guide women, older women, women with disabilities, sanctuary roof. to mental health services in the County and a and women of color. We must help women Churches, however, are more than bricks booklet about county offices. Nationally, the who are trying to escape domestic violence by and mortar. First Congregational members League has studied issues as wide-ranging as providing transitional housing and legal assist- have included names familiar to Saginaw’s national security, urban transportation and ance services. history, such as Morley, Wickes and Frank An- health care. H.R. 1248 vastly improves VAWA by dersen. Today’s members continue to take a Currently, the League of Jackson County is strengthening the existing provisions and by lead-by-example approach by participating in working to break the cycle of violence in chil- adding new provisions to address dating vio- PRIDE, the East Side Soup Kitchen, Hidden dren by ending aggressive behavior in lence, reach underserved populations, facili- Harvest, Habitat for Humanity, the Saginaw schools, a project through the local health de- tate enforcement of state and tribal protective Community Foundation, the Saginaw Choral partment. It is examining the forms of election orders nationwide, provide transitional hous- Society and many other groups. With an an- of Illinois State legislators and promoting cam- ing, create programs for supervised visitation

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17215 and exchange for children, develop training This also became the site of the first public ers. She has been a much sought after advo- programs on elder abuse for law enforcement school organized for children of African, Asian, cate for minority entrepreneurs for nearly two personnel and prosecutors, provide civil legal and Native American descent. In 1855, the decades, as she has worked to ensure partici- assistance funds, strengthen the National In- church was the site of the first statewide con- pation and parity for MBE/WBE/DBE enter- stant Criminal Background Check System, and vention of the colored citizens of California. prises in government and business contracting more. This was the first organized political activity by opportunities. As an expert in the field of MBE/ Passage of the Violence Against Women people of African descent in California aimed WBE/DBE programs, she is a frequent lecturer Act has been identified as the top priority of at securing citizenship rights. the Congressional Women’s Caucus. It is cer- During the following years of westward ex- and conducts seminars and training programs tainly one of my top priorities. pansion in the United States, St. Andrew’s be- into the concepts and skills necessary for a I urge the leadership to schedule a vote on came a pivotal point in the far west for African successful minority business program. this vital legislation within the next ten days. Methodism, and it hosted numerous political, Ms. King founded Beverly A. King (BAK) The Senate is ready to vote on its VAWA bill. secular, educational, and cultural activities for Management Consulting in July 1986. Her nu- We must be ready to go to conference and to African Americans. The church helped to de- merous clients have included the City of Los send this bill to the president before the 106th velop educated and trained leaders of the Afri- Angeles, Bunker Hill Tower, the Southern Cali- Congress adjourns. can American community, even before the end fornia Gas Company (now SEMPRA Energy), We cannot in good conscience go home to of slavery. and Turner Construction. She continues to our districts without acting on this critical legis- Today, St. Andrew’s continues to shine as a lation, which so strongly impacts the safety pillar for the community. In 1995, the church represent Turner Construction, serving as the and well being of women and children was recognized as a California Registered company’s Community Affairs Director and throughout our nation. Landmark for being the oldest African-Amer- MBE/WBE/EEO Administrator. f ican Church on the Pacific Coast. For 150 Prior to establishing BAK Management Con- years, the church has admirably served the sulting, Beverly served six years as Equal Op- TRIBUTE TO ST. ANDREW’S AFRI- ethnically diverse Sacramento community. portunity Manager for the Federal Highway CAN METHODIST EPISCOPAL Mr. Speaker, as the exceptional people of CHURCH Administration (FHA) in Los Angeles. Her du- St. Andrew’s African Methodist Episcopal ties included overseeing all civil rights/EEO Church gather to celebrate their 150th anni- activities associated with the construction of HON. ROBERT T. MATSUI versary, I am honored to pay tribute to one of Los Angeles’ Century Freeway project, and OF CALIFORNIA Sacramento’s most outstanding institutions. serving as the FHA’s representative on the IN THE HOUSE OF REPRESENTATIVES Throughout their proud history, the people of Century Freeway Affirmative Action Com- Wednesday, September 6, 2000 St. Andrew’s have maintained an impressive tradition of service to the African-American mittee. Mr. MATSUI. Mr. Speaker, I rise in tribute to community and other minority communities in During the early years of her career, Beverly St. Andrew’s African Methodist Episcopal greater Sacramento. I ask all my colleagues to worked in our nation’s capital for Senator Church of Sacramento. On October 1, 2000, join with me in wishing the people of St. An- Ralph Yarborough of Texas and Congress- St. Andrew’s will be celebrating its 150th anni- drew’s continued success in all their future en- woman Yvonne Brathwaite Burke of Los An- versary. It is the oldest church of its kind on deavors. geles. She attended Prairie View A&M College the Pacific Coast. As the Congregation mem- f bers gather to celebrate, I ask all of my col- in Texas, Howard University in Washington, leagues to join with me in saluting this monu- SALUTE TO BEVERLY ANN KING, DC, and earned undergraduate and graduate mental achievement. 2000 MINORITY ENTERPRISE DE- degrees from Pepperdine University in Los St. Andrew’s was founded in 1850, three VELOPMENT REGIONAL MINOR- Angeles. ITY ADVOCATE OF THE YEAR months before California was admitted as the The recipient of numerous awards and hon- 31st state to the Union. It is the first African ors, including the President’s Award presented Methodist Episcopal Church and the first Afri- HON. JULIAN C. DIXON by the Black Business Association of Los An- can-American religious congregation estab- OF CALIFORNIA geles, in August 1992 she was named by lished on the Pacific Coast of the United IN THE HOUSE OF REPRESENTATIVES States. Speaker Thomas Foley to a four year term as In the beginning, a small group of wor- Wednesday, September 6, 2000 a member of the United States Glass Ceiling shipers gathered in Sacramento at the home Mr. DIXON. Mr. Speaker, I am pleased to Commission. of Daniel Blue. Under the leadership of Barney salute my constituent and my friend, Beverly She is on the Corporate Advisory Board and Fletcher, this group would form the church that Ann King, who is being singled out for her a member of the Black Business Association; would later be known as St. Andrew’s A.M.E. enormous contributions to minority entre- the Asian Business Association; the National Church. In the fall of 1850, Reverend Isaac preneurs with the National Minority Enterprise Association of Minority Contractors of South- Owen, pastor of the Seventh Street Methodist Development (MED) Week Award, which will ern California; and Women Construction Ex- Episcopal Church, participated in the formal be presented to her in Washington, DC, on organizing of the church. Wednesday, September 27, 2000. Each year, ecutives of Los Angeles. In addition, she has The first trustees, James R. Brown, John the President of the United States designates served on the Advisory Board of the UCLA Barton, George Fletcher, John L. Wilson, and one week as Minority Enterprise Development Graduate School of Business. Furthermore, Chesterfield Jackson purchased part of the lot (MED) Week to honor outstanding members of she is chair of the Legislative Task Force of in the square between G and H Streets. At the business sector. I am proud to note that in Black Women’s Forum and serves on the this site, the first church was erected and addition to being a recipient of the national Board of Black Women of Achievement. named the Methodist Church of Colored Peo- Award, Beverly also received the Region IX Mr. Speaker, Beverly A. King is indeed a ple of Sacramento. In 1851, the members of MEDWeek Award at a luncheon in her honor woman of achievement. The fruits of her la- the church petitioned the Indiana Conference on Thursday, August 31, 2000, and on bors bear witness through the growth of the for admission to the African Methodist Epis- Wednesday, October 18, 2000, will be hon- many successful MBE/WBE/DBE’s engaged copal Church and officially became the Bethel ored with the local Los Angeles MED Week today in businesses throughout the Los Ange- African Methodist Church. Later in the 19th Award, at a luncheon in her honor at the Los century, the church acquired its current name, Angeles Convention Center. les community. It is a pleasure to publicly St. Andrew’s African Methodist Episcopal President and Chief Executive Officer of commend her, and to extend heartfelt con- Church. BAK Management, Beverly King is recognized gratulations to her on the high honors she is St. Andrew’s has been a pioneer in orga- nationally for her expertise in the so deservedly receiving at this time. On behalf nizing an educational and religious haven for conceptualization and implementation of pro- of the residents of the 32nd Congressional people of color. In 1854, the first A.M.E. Sun- grams benefitting minority, women, and dis- District of Los Angeles, I thank her and wish day School in the far west was organized. advantaged business (MBE/WBE/DBE) own- her continued success in the future.

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17216 EXTENSIONS OF REMARKS September 6, 2000 TRIBUTE TO THE LATE RICHARD on the Board of Governors of Opportunity TRIBUTE TO MARY MIYASHITA D. ROMERO Funding Corporation, a nonprofit, Washington, D.C. based organization, which helps minority HON. HOWARD L. BERMAN HON. JOE BACA members start and/or expand small busi- OF CALIFORNIA OF CALIFORNIA nesses. Additionally, he worked closely with IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES King Juan Carlos of Spain when he served on Wednesday, September 6, 2000 the Board of Governors for Expo ’92 in Seville. Wednesday, September 6, 2000 Richard was the founder and former chair- Mr. BERMAN. Mr. Speaker, I rise today to Mr. BACA. Mr. Speaker, it is with regret and man of the board of directors of Empire Bank pay tribute to Mary Miyashita, who will be rec- deep sadness that I announce the passing of and also served for over 20 years on the ognized as the Special Honoree for Lifetime Inland Empire businessman, philanthropist, Board of Trustees for the University of La Achievement at a reception held by Asian and community leader Richard Romero, at the Verne, which chose him for their 1998 Presi- Week on August 13, 2000. This event will age of 64. dent’s Award. Additionally, he served on the honor the Asian and Pacific Islander American Richard demonstrated vision and entrepre- Board of Governors for the Rose Institute of Delegates to the Democratic National Conven- neurial spirit in the Inland Empire for over 30 Claremont McKenna College. The Romeros tion 2000. years, opening his first dealership, Pomona had the honor of meeting and hosting several Mary and I have been friends for 25 years Valley Datsun, in 1970. Today his business in- dignitaries and celebrities in their home includ- and I am delighted to join her many admirers terests include 8 automobile franchises, a ing Chief of Staff Howard Baker under Presi- in honoring her lifetime of selfless and ener- wholesale auto auction and a real estate com- dent Ronald Reagan, Former Governor Pete getic service to the Asian-American commu- pany. Wilson, Lord Roger Keyes, Sir Julien and nity and to the Democratic party. I know of no Throughout the years, Richard had a large Lady Ridsdale, and heavy weight champion one who has been more generous with her presence in the Inland Empire, both as a busi- George Foreman. He had also met and con- time, energy, money and even her home, than nessman and community leader. He believed ferred with Presidents Reagan, Bush, Ford Mary has been in the pursuit of justice and that what makes this country great is our indi- and Carter. equal opportunity for every individual. Mary has served on a plethora of civic orga- vidual commitments to philanthropies. Richard is survived by his wife Val; son nizations. She has been a board member of Richard and his wife of 38 years, Val, spon- R.J.; two daughters Valerie and Christina; and the ACLU, the League of Women Voters, sored and supported many service organiza- four grandchildren with one on the way. Women for Peace, the PTA and the Whittier tions and programs for children including: an Richard will be missed by family and friends Area Fair Housing Committee. She was a annual Christmas Choral Competition which alike. He touched us all with his kind deeds founding member of the Advisory Board of awards monetary grants to 5 area high and leadership in our community. schools, a Christmas Program which provides Meals on Wheels and of the Woman and Chil- gifts for over 300 foster children, Assistance f dren’s Crisis Shelter. League of Pomona Valley, Kiwanis, Ontario The Democratic Party has no more stalwart Chamber of Commerce and National Charity U.S. SHOULD SHOW SOLIDARITY member than Mary Miyashita. Since Adlai League. WITH IRANIAN RESISTANCE Stevenson’s 1948 gubernatorial campaign, no Richard was born in rural Socorro, New major election has passed without Mary’s ac- Mexico, September 4, 1935, son of Clara and HON. JAMES A. TRAFICANT, JR. tive participation. She is a true believer in rep- resentative democracy, working tirelessly on James Romero. He began working at age 9 OF OHIO behalf of numerous local, state and federal washing cars and working in a service station. IN THE HOUSE OF REPRESENTATIVES He earned a bachelor’s degree in Business candidates and helping tip the electoral scales Wednesday, September 6, 2000 Administration, and for 6 years served our on more than one occasion. country in the Army Reserve Tank Corps. He Mr. TRAFICANT. Mr. Speaker, Mohammad Mary has been either a delegate or an alter- then worked as assistant auditor for the state Khatami, the president of Iran, is scheduled to nate to every Democratic National Convention of New Mexico. speak at the United Nations’ Millennium Sum- since 1972. She served on the Los Angeles He moved to Los Angeles to work as an mit in New York today. More than 10,000 Ira- County Democratic Party’s Central Committee auditor for 20th Century Fox, at which time he nian-Americans protested yesterday in front of for 20 years. Among the many awards also began his career in the retail auto busi- the United Nations saying that Khatami does showered upon her by grateful party organiza- ness when he bought a small gas station from not represent the Iranian people, and should tions are Key Woman of the Democratic Wom- which he began refurbishing and selling used not be speaking at this summit. an’s Forum, Democratic Woman of the Year in cars. Unfortunately I was not able to join U.S. 1975 and ‘‘Superstar of ’78.’’ Mary is definitely Richard was Chairman of the Board of Em- Senator ROBERT TORRICELLI, and my col- a Superstar every year as far as I’m con- pire Nissan, Romero Motors Corporation, leagues in the House, CAROLYN MALONEY, cerned. Jeep/Chrysler/Plymouth of Ontario, Toyota of GARY ACKERMAN, and GREGORY MEEKS at this In 1976, Mary helped found the first Asian Glendale and J. McCullough Corporation. He impressive rally. But, Mr. Speaker, I want to Pacific Caucus, which has grown into a pres- had served as a board member of the Cali- voice my strong support for the 10,000 Ira- tigious and highly effective advocacy organiza- fornia Motor Car Dealers Association and the nian-Americans who were in front of the UN tion. Her service to the Asian-American com- Chairman of the Board and CEO of yesterday rallying for freedom and democracy munity is virtually without peer. She has been Acquirecorp’s Norwalk Auto Auction, Oremor in Iran. The crowd was chanting yesterday my confidant and advisor on issues of impor- Management & Investment Company and that the true representative of the Iranian peo- tance to her for decades. In short, Mary is one of my favorite people Oremor Development L.L.C. ple is the National Council of Resistance of Richard received several awards within the Iran, and its president-elect, Maryam Rajavi. I and I am delighted to ask my colleagues to industry, including Chrysler Corporation’s couldn’t agree more. join me in saluting her—for her outstanding ‘‘Five Star Award for Excellence’’ and Nissan’s The United States should not be supporting achievements, for her dedicated work, and for President Inner Circle Award. In 1987, he was Khatami. He is not the reformer the press has her charm and her delightful personality. I am honored as the only Californian to receive the made him out to be. The fact is, under very proud to have Mary as my friend. Import Car Dealer of Distinction Award. He Khatami, Iran’s human rights record has got- f was also the winner of the Time Magazine’s ten worse. Under Khatami, Iran continues to PERSONAL EXPLANATION Quality Dealer Award and named Mr. Hispanic be an aggressive supporter of international Business Man of the Year, 1985. terrorism. The fact is, the Khatami presidency HON. WILLIAM L. JENKINS In addition to being listed in ‘‘Who’s Who in has brought more misery and despair to the OF TENNESSEE California’’, he was also named 1987 Humani- Iranian people. IN THE HOUSE OF REPRESENTATIVES tarian of the Year by the Alliance of Latino I would like to send this message to all the Business Association. He served with the world leaders attending, the summit: support Wednesday, September 6, 2000 Deukmejian administration as a California the Resistance’s call for democracy in Iran Mr. JENKINS. Mr. Speaker, I was not Transportation Commissioner. He also served and ban tyrants like Khatami from the UN. present to cast my votes on rollcall votes 443–

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17217 450. Had I been present, I would have voted up until the end of his life. He was a role sense of the word. His great insight and wis- aye on rollcall No. 443, aye on rollcall No. model for so many of our nation’s farmers and dom allowed him to be a mentor, educator, 444, aye on rollcall No. 445, aye on rollcall citizens in general, and he will be sorely and even a surrogate to young men in the No. 446, aye on rollcall No. 447, aye on roll- missed by his wife Pam Gill; his parents Jack community who did not know their fathers and call No. 448, nay on rollcall No. 449, and aye and Augusta Gill of Paso Robles; his sons looked to him for advice, support, and criticism on rollcall No. 450. Francis Gill of King City, Jared Gill of Hollister that was given with compassion. On a per- f and Bret Davis of Salinas; and his sisters sonal level, Rich always encouraged me no Melinda Stewart of Paso Robles and Jeannine matter what I was doing—as a student, an IN HONOR OF MARION’S Mansfield of Burke, Washington. aide to Congressman Ron Dellums, and CONTINENTAL RESTAURANT f throughout my career of public service—Rich uplifted my spirits and told me to carry on. HON. JERROLD NADLER IN HONOR OF JULIAN ‘‘RICH’’ I know I speak for the thousands of individ- RICHARDSON OF NEW YORK uals whose lives have been bettered in saying IN THE HOUSE OF REPRESENTATIVES that Julian ‘‘Rich’’ Richardson will be greatly HON. BARBARA LEE missed, and that his contribution to the Black Wednesday, September 6, 2000 OF CALIFORNIA community and the entire world is immeas- Mr. NADLER. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES urable. recognize the 50th anniversary of the opening Wednesday, September 6, 2000 f of Marion’s Continental Restaurant. Since Ms. LEE. Mr. Speaker, I rise today to pay 1950, Marion’s has been a culinary delight for SOCIAL SECURITY TAX RELIEF homage and tribute to a great community ACT all New Yorkers. The savory continental cui- leader and mentor. Julian ‘‘Rich’’ Richardson, sine served at Marion’s is some of the city’s an honorable member of the Oakland/San SPEECH OF finest. I am thrilled that Marion Nagy came to Francisco Bay Area community, and a great this country to live the American dream and, distributor of knowledge to the human family, HON. RON PAUL in doing so, has endeared Marion’s to the passed away Monday, August 21, 2000. OF TEXAS hearts of New Yorkers. Restaurants come and It was an honor and privilege to have known IN THE HOUSE OF REPRESENTATIVES go in New York City, but Marion’s has en- this incredible man, whom I called my friend. Thursday, July 27, 2000 dured for half a century. This is a true testa- One of eight children, Rich put himself through ment to the superb quality and hospitality school at the Tuskegee Institute, founded by Mr. PAUL. Mr. Speaker, I am pleased to available at Marion’s. Booker T. Washington, working nights and rise in support of the Social Security Tax Re- Mr. Speaker, I salute Marion’s Continental weekends at a print shop. He studied under lief Act (H.R. 4865). By repealing the 1993 tax Restaurant and I urge my colleagues to join the famous scientist George Washington increase on Social Security benefits, Congress me today in honoring and celebrating the anni- Carver, and earned a degree in Lithography. will take a good first step toward eliminating versary of their 50 years serving the people of While at Tuskegee Institute he married his one of the most unfair taxes imposed on sen- New York City. beautiful and brilliant wife, Raye, and they set- iors: the tax on Social Security benefits. f tled in San Francisco in the 1940’s, a time Eliminating the 1993 tax on Social Security benefits has long been one of my goals in TRIBUTE TO JOHNNY GILL when Black people were still denied access to many hotels, restaurants, and jobs that paid a Congress. In fact, I introduced legislation to livable wage. During the Korean conflict he repeal this tax increase in 1997, and I am HON. SAM FARR served his country in the Army as a map print- pleased to see Congress acting on this issue. OF CALIFORNIA er, and in 1960 launched Success Printing, a I would remind my colleagues that the jus- IN THE HOUSE OF REPRESENTATIVES printing and publishing company. tification for increasing this tax in 1993 was to reduce the budget deficit. Now, President Clin- Wednesday, September 6, 2000 Julian Richardson then opened Success Books, later renamed Marcus Books, after ton, who first proposed the tax increase, and Mr. FARR of California. Mr. Speaker, I rise Marcus Garvey, the Jamaican and Harlem- most members of Congress say the deficit is today to honor a man who spent his life advo- based Black Nationalist who urged Blacks to gone. So, by the President’s own reasoning, cating for agriculture and farming, and for the foster a connection to their African homeland there is no need to keep this tax hike in place. future of many of the people in the Salinas and learn a history commonly ignored in Because Social Security benefits are fi- Valley of California. Johnny Gill passed away American textbooks. nanced with tax dollars, taxing these benefits last month at his Lockwood, California home Marcus Books is not only one of the oldest is yet another incidence of ‘‘double taxation.’’ at the age of 47. The cause of his death was Black-owned bookstores in the country, it is a Furthermore, ‘‘taxing’’ benefits paid by the amyotrophic lateral sclerosis, commonly venue for new and vintage novels, a place for government is merely an accounting trick, a known as Lou Gehrig’s disease. the community to meet with the numerous ‘‘shell game’’ which allows members of Con- Mr. Gill operated the John Gill Ranch in Black intellectuals, poets, and legends who gress to reduce benefits by subterfuge. This Monterey County, California, and was a pillar frequent the store on book tours. Rich not only allows Congress to continue using the Social of agricultural life in that area. 25 years ago sold books that bettered the lives and intel- Security trust fund as a means of financing he started the King City Young Farmers orga- lects of countless members of the community, other government programs and mask the true nization and served actively as its first presi- he cultivated an audience for the books and size of the federal deficit. dent to see its success. He was also active in nurtured authors, even publishing a number of Mr. Speaker, the Social Security Tax Relief many other local agricultural and community them. Act, combined with our action earlier this year based organizations, including the 4-H, Little Rich, with his family by his side, introduced to repeal the earnings limitation, goes a long League, and the Sober Graduation program. a world of literature and an appreciation of way toward reducing the burden imposed by Mr. Gill was also a Premier Sponsor and ac- books to thousands of people who would not the Federal Government on senior citizens. tive member of the King City Chamber of have had such an opportunity without his land- However, I hope my colleagues will not stop at Commerce and Agriculture. And, in a tribute mark bookstores. At Marcus Bookstores, I per- repealing the 1993 tax increase, but will work befitting a figure such as Mr. Gill, last Feb- sonally spent many hours among my heroes; to repeal all taxes on Social Security benefits. ruary, more than 900 people came together to the intellectuals, artists, musicians, poets, and I am cosponsoring legislation to achieve this honor him as King City’s ‘‘Citizen of the Year’’ authors that spoke through the enormous col- goal, H.R. 761. for 1999. This event, besides celebrating the lection of works contained within the shelves. Congress should also act on my Social Se- accomplishments of Mr. Gill, also raised Many times I came across authors with whom curity Preservation Act (H.R. 219), which en- $375,000 to fight ALS and included a speech I was unfamiliar, and this remarkable commu- sures that all money in the Social Security of tribute by actor Clint Eastwood, another nity institution allowed me to expand my intel- Trust Fund is spent solely on Social Security. Monterey County resident. lect and world view by discovering their work. When the government takes money for the John Gill was a man of much accomplish- Rich was a giant among men, a champion Social Security Trust Fund, it promises the ment, even tending to all of his farming duties for Black people and a true leader in every American people that the money will be there

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17218 EXTENSIONS OF REMARKS September 6, 2000 for them when they retire. Congress has a A SALUTE TO HENRY F. MOZELL Prior to her role as Cuyahoga County Com- moral obligation to keep that promise. ON HIS RETIREMENT mission, Jane Campbell served six terms in In conclusion, Mr. Speaker, I urge my col- the Ohio House of Representatives. During leagues to help free senior citizens from op- HON. BARBARA LEE her time there, she was elected Majority Whip pressive taxation by supporting the Social Se- OF CALIFORNIA and Minority Assistant Leader by her col- leagues. curity Benefits Tax Relief Act (H.R. 4865). I IN THE HOUSE OF REPRESENTATIVES also urge my colleagues to join me in working Jane Campbell is an outstanding leader and Wednesday, September 6, 2000 public servant. She has dedicated herself to to repeal all taxes on Social Security benefits serving the people of Ohio and should be and ensuring that moneys from the Social Se- Ms. LEE. Mr. Speaker, I rise in honor today commended for her exemplary record of serv- curity trust fund are used solely for Social Se- to salute Henry F. Mozell for his years of in- ice. Jane Campbell is truly a committed and curity and not wasted on frivolous government valuable service in Oakland’s fight to alleviate admirable woman. programs. hunger and homelessness. His retirement marks the end of an extensive and distin- My fellow colleagues, please join with me in paying tribute to Jane Campbell as she is hon- f guished career as a champion for the less for- tunate. ored for her devotion and service by the Jew- ish National Fund at the 2000 Tree of Life din- CLARIFYING THE HOMEBOUND Born in Dover, North Carolina, Mr. Mozell ner in September. DEFINITION began serving the Oakland community upon the completion of his service in the U.S. Navy. f His studies at the University of California in 20TH ANNIVERSARY OF MOTHERS HON. EDWARD J. MARKEY Urban Studies advanced his interests in com- AGAINST DRUNK DRIVING OF MASSACHUSETTS munity welfare. Since his initial community projects, Mr. HON. BENJAMIN A. GILMAN IN THE HOUSE OF REPRESENTATIVES Mozell has been an active supporter of pro- OF NEW YORK grams developed to combat hunger and Wednesday, September 6, 2000 IN THE HOUSE OF REPRESENTATIVES homelessness in Oakland. His commitment to Mr. MARKEY. Mr. Speaker, on July 27 I providing innovative programs such as the Wednesday, September 6, 2000 along with 21 bipartisan Members introduced Mayor’s Hunger and Relief Program has Mr. GILMAN. Mr. Speaker, I rise today to the Homebound Clarification Act of 2000, H.R. earned him national recognition. congratulate and express my deepest grati- 5067 the companion bill to the Senate bill Among the many awards Mr. Mozell has re- tude to the thousands of individuals and vic- sponsored by Senator James Jeffords (R–VT) ceived during his career are the Mayor’s tims throughout our nation, who have worked and Senator Jack Reed (D–RI). World Food Day Award, the East Oakland diligently to build and to extend the mission of This bill solves a problem in the current Hope Award for the establishment of a hot Mothers Against Drunk Driving (MADD). Mothers Against Drunk Driving, MADD, is a Medicare Home Health benefit that has cre- meal site, and a Project Volunteer Award for non-profit grass roots organization with more ated serious problems for Alzheimer’s patients bringing farm foods to Oakland. Most recently, than 600 chapters nationwide and a presence and our most frail, elderly and vulnerable he has been awarded with the Global Peace around the world. Today, this worthy organiza- Medicare beneficiaries. Award from Oaktown. His active role in the political arena includes tion celebrates and remembers its 20th anni- Under current law, in order for Medicare his service as the President of the East Oak- versary. Founded by a small group of Cali- beneficiaries to receive coverage for home land Democratic Club, the Vice President of fornia women in 1980 after a 13-year-old-girl health services they must be ‘‘confined to the Alameda County Democratic Central Com- was killed by a hit-and-run, repeat offender, home’’. Current policy interpretations by the mittee and his service on the State of Califor- MADD continues to work to find effective solu- Health Care Financing Administration and fol- nia’s Affirmative Action Committee. These po- tions to the drunk driving and underage drink- lowed by fiscal intermediaries are causing sitions are a testament to his continued in- ing problems, while supporting those who substantial harm to Medicare beneficiaries by volvement and concern for our community. have already experienced the pain of these effectively forcing home health users to be un- I proudly join friends, colleagues and family senseless crimes. necessarily restricted to their own homes. in honoring Henry Mozell’s work, achievement Thanks to the support of Mothers Against These restrictions impose harsh and irra- and forthcoming retirement from a rewarding Drunk Driving, our roads and highways are tional restrictions on patients and their care- career. today much safer. Due to their efforts, alcohol related traffic deaths have dropped, victim as- givers. For instance, Alzheimer’s patients are f denied access to adult day services, which sistance institutes have been created to train complement home health benefits, relieve IN HONOR OF JANE CAMPBELL volunteers on how to support victims of drunk caregiver burdens and delay nursing home driving and how to serve as their advocates in placement, at no cost to the Medicare pro- HON. DENNIS J. KUCINICH the criminal justice system, and in advocating important legislation, such as the Omnibus gram. In another instance, home health serv- OF OHIO Anti-Drug Abuse Act, which has been enacted. ices to a quadriplegic beneficiary who is lifted IN THE HOUSE OF REPRESENTATIVES into a wheelchair and uses specially adapted Mr. Speaker, drunk driving is not an acci- Wednesday, September 6, 2000 transportation and is therefore not considered dent. Along with my friends in MADD, I will to be homebound. Mr. KUCINICH. Mr. Speaker, I rise today to continue to work to pass .08 BAC legislation honor Jane Campbell, a Cuyahoga County and to reduce the number of alcohol related The introduction of the Homebound Clari- deaths throughout our Nation. I thank the fication Act follows the introduction of similar Commissioner who is being honored at the Jewish National Fund’s Tree of Life Dinner of Mothers Against Drunk Driving. I support legislation Representative Chris Smith and I them, and I urge all of our colleagues to ap- introduced in March of 2000, H.R. 4028. This September 13, 2000. Jane Campbell is one of three Cuyahoga plaud their efforts over the past 20 years and bill was a more narrowly crafted version of the County Commissioners, representing 1.5 mil- in all of their future endeavors. Homebound Clarification Act bill and targets lion constituents in the Greater Cleveland f patients with Alzheimer’s Disease and related area. She manages human services, econom- dementia disorders only. IN HONOR OF JOSEPH A. ics, and infrastructure development and rede- BARTOSZEK The Homebound Clarification Act is en- velopment for the most populous county in dorsed by over 40 health and advocacy Ohio. Jane Campbell serves as the President groups. of the Board of Commissioners and also HON. DENNIS J. KUCINICH OF OHIO This bipartisan legislation will help to im- chairs the Violence Against Women Act Com- IN THE HOUSE OF REPRESENTATIVES prove the lives of millions of our most frail and mittee and the Children Who Witness Violence vulnerable Americans. I look forward to con- Committee. She is also a Board Member of Wednesday, September 6, 2000 tinuing to work with my colleagues to pass this the District One Public Works Integrating Mr. KUCINICH. Mr. Speaker, today I rise to important measure. Committee. remember Joseph Bartoszek, a man who

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 September 6, 2000 EXTENSIONS OF REMARKS 17219 dedicated over forty years of his life serving as of his class. He opened a law practice called [From the Daily News, Aug. 5, 2000] a mentor and inspiring youth. Jerry Raymond and Associates in Livonia and ‘‘CONTRACT’’ NOT NOW MENTIONED Mr. Bartoszek, a native of Cleveland, was a practiced law until shortly before his death. TAX REDUCTION FOR SOCIAL SECURITY BENEFITS toolmaker for Cleveland Pneumatic Tool Co. Jerry was a special friend, role-model and WOULD AID ELDERLY PAYERS until his retirement eighteen years ago. A vet- mentor to many including myself. He was very A modest tax cut proposal that would ben- eran who proudly served our nation during involved in his community and in democratic efit some 9 million Social Security recipi- World War II, with a tour in France and Ger- politics. He is missed by everyone whose life ents is apparently going nowhere because of many, he was an active member of Catholic he touched, but his spirit lives on in our a threatened presidential veto. War Veterans Post 1812 and VFW Post 108. memories and in the legacy he left behind. Under the plan, which won a 265–159 vote in Mr. Bartoszek found his true passion when the House, with 52 Democrats joining the Re- f publican majority, the amount of benefits he was thirteen, when he joined the Boy IN HONOR OF JOSEPH TAKACS subject to taxation could drop from 85 per- Scouts of America. Mr. Bartoszek spent forty cent to 50 percent. That change would re- years as a Scoutmaster and Explorer adviser. store a tax level in effect until the 1993 in- During his long and distinguished career with HON. DENNIS J. KUCINICH crease urged by President Clinton and for the Scouts he received many awards, includ- OF OHIO which Vice President Gore cast the deciding ing the Silver Beaver, Scouting’s highest IN THE HOUSE OF REPRESENTATIVES vote. honor for volunteers. Mr. Bartoszek spent over Wednesday, September 6, 2000 Given current surplus levels, the change is ten summers working with youth at Tinnerman easily affordable from Uncle Sam’s stand- Mr. KUCINICH. Mr. Speaker, today I re- point. More than that, however, the change Canoe Base as a counselor of the Ad Altare member Joseph Takacs, a man who devoted is in keeping with the original philosophy of Dei program, Pope Pius XII retreats, and his life to the betterment of mankind, and the the program. That is, to provide an old-age Scout development sessions. struggles of those who needed help the most. benefit to workers from earnings on which Mr. Bartoszek touched countless lives with Mr. Takacs led the autoworkers at General taxes had already been paid. It was much his endless devotion to helping young men, Motor’s Fisher Body plant in Cleveland for later that these benefits became an impor- and his steadfast commitment to creating a tant new source of tax revenue for the U.S. more than 10 nonconsecutive years in the Treasury. better society. Mr. Bartoszek is a friend to all, 1960’s and 1970’s. A courageous fighter for a man who tirelessly dedicated his life to the It is of special interest that the same par- the working man, Mr. Takacs was one of 250 tisans who now protest a reduction in this betterment of others, and a man who has workers who staged a sit-in at General Motor’s tax, since it might help individual elderly served the larger community a greater deed Cleveland planet that lasted from December people now earning as much as $34,000 annu- than we will ever be able to thank him enough 1936 into February 1937. Through the dedica- ally or married couples at a $44,000 level, are for. tion and determination of Mr. Takacs and his the ones who have long berated opponents as I ask that my fellow colleagues join me in striking colleagues a nationwide strike began. ‘‘breaking a contract’’ on Social Security with any proposed alteration of benefits. celebrating the life and tremendous accom- The strike forced the company to recognize plishments of this truly remarkable man. They were silent when the benefits were ef- the union as a bargaining agent for its hourly fectively reduced with higher taxation. f employees, even today, considered one of the Taxing those benefits was not the original HONORING THE LIFE OF MR. greatest union victories. intent of those who devised the system. JERRY RAYMOND Mr. Speaker, Mr. Takacs was a dedicated Whatever implied contract existed was long man who committed his life to union reform, ago violated by the decision to lump the ben- helping the poor, and fighting for the working efits with other income and make it subject HON. DEBBIE STABENOW men and women of this nation. Mr. Takacs to regular taxation. OF MICHIGAN The system long discriminated against So- was an inspirational leader and a mentor for cial Security beneficiaries who worked for IN THE HOUSE OF REPRESENTATIVES generations to come. A champion of the income rather than acquiring their extra Wednesday, September 6, 2000 causes of working people, Mr. Takacs never money from interest payments or dividends. Ms. STABENOW. Mr. Speaker, I rise today turned his back on anyone. A leader dedicated The imposition of the greater tax load—ar- gued as necessary in 1993 in order to over- to recognize the lifetime achievements of Mr. to his fellow colleagues, during strikes, Mr. Takacs would beg for food to make sure that come deficits—did nothing to restore equity. Jerry Raymond who passed away in January Much can and must be done to simplify the 1999 and offer my sincere condolences to his there was always food at the union hall. Mr. Takacs, a past president of United Auto tax system, including that applicable to the family. Workers Local 45, has served on the front Social Security beneficiaries, but such ac- Jerry Raymond was a remarkable man tion must not preclude a simple reduction in lines of the battle for working families since whose many contributions to Wayne county, rates to reflect the fact that excessive fed- the 1930’s. I ask my distinguished colleagues the labor movement and the City of Livonia eral surpluses amount to a government tak- to join me in celebrating the life of this truly re- will be long remembered. He was a 49 year ing of private wealth. markable man, who has dedicated his life to resident of Livonia and served on the City serving others. f Council from 1966 to 1980. Always cognizant of the needs of others, his favorite saying was f HONORING ING. KAROL MITRIK ‘‘People come first.’’ He advocated for housing PASSAGE OF THE SOCIAL SECU- for seniors before it was the popular thing to RITY BENEFITS TAX RELIEF ACT HON. DENNIS J. KUCINICH do. His sensitivity to others is undoubtedly OF OHIO why he was re-elected to office so many HON. DOUG BEREUTER IN THE HOUSE OF REPRESENTATIVES times. OF NEBRASKA There are many other fascinating things that Wednesday, September 6, 2000 IN THE HOUSE OF REPRESENTATIVES are important to know about this special man. Mr. KUCINICH. Mr. Speaker, today I rise to He quit high school after his mother died and Wednesday, September 6, 2000 honor Ing. Karol Mitrik, Mayor of Spisska Nova his father lost his job. As he moved around Mr. BEREUTER. Mr. Speaker, because the Ves, for his outstanding leadership and dedi- the country looking for a job, he started getting House passed H.R. 4865, the Social Security cation to his fellow countrymen. involved in strikes and joined the cause of Benefits Tax Relief Act, by a vote of 265–159, One of six children Ing. Karol Mitrik was working men and women. He became a union this Member encourages his colleagues to born in Spisska Nova Ves where he was activist and his leadership in the labor move- read the following editorial, from the August 5, taught an early lesson in the value of work, ment brought him national recognition. Despite 2000, edition of the Norfolk Daily News. This working sunrise to sunset on a farm. His child- his many achievements, Jerry felt something editorial highlights why the House of Rep- hood experience led him to pursue an edu- was missing as he watched other family mem- resentatives passed H.R. 4865. In particular, cation in the area of agriculture. He graduated bers pursue a higher education. Although he this editorial correctly states that the taxation in 1981 with a Master’s degree in Agronomy did not have a high school diploma, he en- of Social Security benefits was not within the from the Agricultural University in Nitra. In rolled in law school. He graduated Cum Laude original intent of those who created this sys- 1994 he finished studies in the City University and was honored by being elected President tem. with Certificate in Effective Management.

VerDate Aug 04 2004 12:37 Nov 26, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR00\E06SE0.000 E06SE0 17220 EXTENSIONS OF REMARKS September 6, 2000 In 1994 Mitrik became Mayor of Spisska tional Marine Fisheries Service and the ural gas market and to investigate the Nova Ves. A dynamic leader with vast knowl- U.S. Fish and Wildlife Service on the cost, environmental aspects and energy edge of regional policies and economic devel- operations of the Federal hydropower security implications to Alaska and opment he has worked tirelessly on the behalf system of the Columbia River. the rest of the nation for alternative SD–366 of the people of Spisska Nova Ves. Due to routes and projects. Mitrik’s extraordinary leadership Spisska Nova SD–366 SEPTEMBER 13 Commerce, Science, and Transportation Vas became a sister city of Youngstown. 9:30 a.m. Mitrik also established the first Rotary Club in To hold hearings on air traffic control Commerce, Science, and Transportation issues. eastern Slovakia. Mitrik’s expertise extends To hold hearings to examine marketing SR–253 beyond local activities, he is involved in a stu- violence to children issues. 10 a.m. dent exchange program, is a Member of SR–253 Judiciary Environment and Public Works Council of the Association of Towns and Com- Business meeting to consider pending Fisheries, Wildlife, and Drinking Water munities of Slovakia, Chairman of the Associa- calendar business. Subcommittee tion of Towns and Communities of Slovakia, SD–226 Vice-president of Mayor’s club of Slovakia, To hold hearings on the Draft Biological Opinions by the National Marine Fish- 1 p.m. and Chairman of Interest Association for De- eries Service and U.S. Fish and Wildlife Small Business velopment of the Spis region. Service on the operation of the Federal To hold hearings to examine slotting Mr. Speaker, I ask my fellow colleagues to Columbia River Power System and the fees, and the battle family farmers are join me in rising and honoring this remarkable Federal Caucus draft Basinwide Salm- having to stay on the farm and in the man and his tremendous accomplishments on on Recovery Strategy. grocery store. behalf of the people of Spisska Nova Vas. SD–406 SD–628 f 2 p.m. Environment and Public Works Foreign Relations Fisheries, Wildlife, and Drinking Water SENATE COMMITTEE MEETINGS To hold hearings on pending calendar Subcommittee Title IV of Senate Resolution 4, business. To hold hearings on the Draft Biological agreed to by the Senate on February 4, SD–419 Opinions by the National Marine Fish- 1977, calls for establishment of a sys- Intelligence eries Service and U.S. Fish and Wildlife tem for a computerized schedule of all To hold closed hearings on intelligence Service on the operation of the Federal matters. Columbia River Power System and the meetings and hearings of Senate com- SH–219 mittees, subcommittees, joint commit- Federal Caucus draft Basinwide Salm- 2:15 p.m. on Recovery Strategy. tees, and committees of conference. Energy and Natural Resources SD–406 This title requires all such committees Forests and Public Land Management Sub- 2:30 p.m. to notify the Office of the Senate Daily committee Digest—designated by the Rules com- To hold hearings on S. 2873, to provide Energy and Natural Resources National Parks, Historic Preservation, and mittee—of the time, place, and purpose for all right, title, and interest in and to certain property in Washington Recreation Subcommittee of the meetings, when scheduled, and To hold hearings on S. 2749, to establish any cancellations or changes in the County, Utah, to be vested in the United States; H.R. 3676, to establish the California Trail Interpretive Center meetings as they occur. in Elko, Nevada, to facilitate the inter- As an additional procedure along the Santa Rosa and San Jacinto Moun- tains National Monument in the State pretation of the history of development with the computerization of this infor- of California; S. 2784, entitled ‘‘Santa and use of trails in the setting of the mation, the Office of the Senate Daily Rosa and San Jacinto Mountains Na- western portion of the United States; Digest will prepare this information for tional Monument Act of 2000’’; S. 2865, S. 2885, to establish the Jamestown printing in the Extensions of Remarks to designate certain land of the Na- 400th Commemoration Commission; S. section of the CONGRESSIONAL RECORD tional Forest System located in the 2950, to authorize the Secretary of the on Monday and Wednesday of each State of Virginia as wilderness; S. 2956, Interior to establish the Sand Creek week. to establish the Colorado Canyons Na- Massacre Historic Site in the State of Meetings scheduled for Thursday, tional Conservation Area and the Colorado; S. 2959, to amend the Dayton September 7, 2000 may be found in the Black Ridge Canyons Wilderness; H.R. Aviation Heritage Preservation Act of 4275, to establish the Colorado Canyons Daily Digest of today’s RECORD. 1992; and S. 3000, to authorize the ex- National Conservation Area and the change of land between the Secretary MEETINGS SCHEDULED Black Ridge Canyons Wilderness; and of the Interior and the Director of the S. 2977, to assist in the establishment Central Intelligence Agency at the SEPTEMBER 12 of an interpretive center and museum in the vicinity of the Diamond Valley George Washington Memorial Parkway 9:30 a.m. Lake in southern California to ensure in McLean, Virginia. Commerce, Science, and Transportation SD–366 To hold hearings on the Firestone tire the protection and interpretation of the paleontology discoveries made at recall. SEPTEMBER 26 SR–253 the lake and to develop a trail system Environment and Public Works for the lake for use by pedestrians and 9:30 a.m. To hold hearings on proposed United nonmotorized vehicles. Veterans’ Affairs States Department of Transportation SD–366 To hold joint hearings with the House regulations on planning and environ- Committee on Veterans’ Affairs on the ment. SEPTEMBER 14 Legislative recommendation of the SD–406 9 a.m. American Legion. Foreign Relations Foreign Relations 345 Cannon Building To hold hearings on pending calendar International Operations Subcommittee business. To hold hearings on exchange programs SD–419 and the national interest. 2:30 p.m. SD–419 Energy and Natural Resources 9:30 a.m. Water and Power Subcommittee Energy and Natural Resources To hold oversight hearings on the status To hold oversight hearings on the trans- of the Biological Opinions of the Na- portation of Alaska North Slope nat-

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