Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, FIRST SESSION

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

Vol. 145 WASHINGTON, TUESDAY, AUGUST 3, 1999 No. 112 House of Representatives The House met at 9:00 a.m. Yet, at the same time it is clear to tion of Vietnam into the world econ- f me that it is important for us to ac- omy. It will help open up their society, MORNING HOUR DEBATES knowledge the problems that we faced but more important it will be an oppor- as a Nation dealing with the war in tunity for us here on this floor to ac- The SPEAKER. Pursuant to the Vietnam. We were on the wrong side of knowledge the United States needs to order of the House of January 19, 1999, history. Just this week, we had before get beyond this terrible legacy. the Chair will now recognize Members the John Quincy Adams Society, Rob- It is more than economics. It is an from lists submitted by the majority ert McNamara acknowledging that he opportunity for America to get things and minority leaders for morning hour was well aware, during his tenure, that right. debates. The Chair will alternate rec- the war was not winnable and acknowl- ognition between the parties, with each edged the problems with the rationale I strongly urge my colleagues to join party limited not to exceed 25 minutes, that was advanced. These were items with us this morning in the Capitol, and each Member except the majority that were known, frankly, on college room H–137. Pete Peterson will be leader, the minority leader, or the mi- campuses around the country at this meeting with us individually to talk nority whip limited to not to exceed 5 time but denied at the highest levels of about his experience, to talk about this minutes, but in no event shall debate our government. opportunity, to give us a chance to not continue beyond 9:50 a.m. Last year, on the eve of the Jackson- only move Vietnam forward economi- The Chair recognizes the gentleman Vanik waiver vote, I received a call cally but to do what is right by the from Oregon (Mr. BLUMENAUER) for 5 from Vietnam from my daughter who American people in this conflict. minutes. was visiting. She was struck by the f kindness of the Vietnamese people, the f WAIVER FOR VIETNAM beauty of the landscape and as a college student she was not really aware, Mr. BLUMENAUER. Mr. Speaker, it GAO REPORT CLAIMS VETERANS until her experience in Vietnam, of the is not often that on the floor of this ADMINISTRATION WASTES MIL- tragedy of that conflict. LIONS Chamber we can deal with several I have in mind today that conversa- major issues simultaneously, but such tion and her experience as we come for- The SPEAKER pro tempore (Mr. is the case today as we deal with House ward. We are going to talk about trade SIMPSON). Under the Speaker’s an- Resolution 58, which would deny the and economic opportunity, and that is nounced policy of January 19, 1999, the waiver of the Jackson-Vanik for the important. We are on the verge of sign- gentleman from Florida (Mr. STEARNS) nation of Vietnam. This issue is not ing a major trade agreement with Viet- is recognized during morning hour de- just of trade and international com- nam that will accelerate the economic bates for 5 minutes. merce. It truly is an opportunity for prospects of that country. We have in the United States to help get our story Mr. STEARNS. Mr. Speaker, all of us the capitol today, Ambassador Pete Pe- know that here on the Republican side straight regarding one of the great terson, who has performed a tremen- tragedies of our time. we are trying to fight to increase the dous service over the last few years in amount of money we give to the Vet- The war in Vietnam was truly a trag- his work in Vietnam. He is arguably edy for that nation. Great damage was erans Administration because the the best qualified person in America to President’s budget was a flat line budg- inflicted upon the people, on a country bring about the reconciliation. His po- that had been at war for over a third of et which did not provide enough money litical and military experience, his pas- and particularly the fact that there are the century, from World War II to the sion and his compassion set him apart conclusion of that effort, but it had se- many more cases of hepatitis C. And and make him uniquely qualified. I we hope to increase cost of living for a rious implications for our country. It continue to be amazed at his efforts. divided generations, divided families, We have the opportunity to build on lot of the employees, but I wanted to polarized our society. his efforts with the rejection of the call my colleagues’ attention to a GAO I have great respect for the men who disallowal, to make progress on human audit that was performed on the Vet- served in Vietnam. It has been a privi- rights, transparency of economic ac- erans Affairs on July 22 that found over lege for me to become acquainted with tivities. We have the opportunity to the next 5 years as much as $20 billion our colleague, the gentleman from help in Southeast Asia, the world’s 12th could be wasted. And I think that is a Texas (Mr. SAM JOHNSON), and the suf- most populous country, hasten their concern for all of us here in Congress. fering that he and his family went economic progress, but it goes far be- The Veterans Health Administration through. I have been touched by that yond that. The defeat of House Resolu- is spending one of every four medical extraordinary sacrifice. tion 58 will help accelerate the integra- care dollars just caring for buildings

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.

H6845

. H6846 CONGRESSIONAL RECORD — HOUSE August 3, 1999 that are old and obsolete. They spend cilities that are obsolete and not being tion and the problem is growing. Just 6 it to operate and maintain these major used and close them, but it does not years ago, 27 States had issued mer- delivery locations, but these locations seem to want to. I think what we need cury advisories warning the public have very low occupancy and a lot of to do is allow a new process to get this about consuming freshwater fish con- unused space. So as I mentioned ear- started. So my bill calls for a process taminated with mercury. Today, the lier, there is $20 billion that could be to be sure that decisions on closing number of States issuing advisories has saved over the next 5 years. hospitals can only be made based upon risen to 40, and the number of water I think many of my colleagues know comprehensive planning with veterans’ bodies covered by the warnings has that the Veterans Health Administra- participation, and that is very impor- nearly doubled. tion hospital utilization plan has been tant and very appropriate. dropping because the number of pa- The bill sets numerous safeguards in In some States, including my home tients has gone down. That is right, it place and would specifically provide State of Maine, every single river, has gone from 49,000 patients a day in that VA cannot simply stop operating lake, and stream is under a mercury 1989 to 21,000 in 1998. Almost half of this a hospital and walk away from its re- advisory, and that applies to the States decline has occurred over the past 3 sponsibilities to veterans. It must, shown in black on this chart. years. Not only has the hospital utili- quote, reinvest savings in a new, im- The growing problem has already zation dropped but the number of hos- proved treatment facility or improve prompted action at the State and re- pital admissions has decreased from services in the area. gional level. Last year, the New Eng- over 1 million in 1989 to about 400,000 in I think the bill responds to the press- land governors and Eastern Canadians 1998. So that is about a 40 percent drop, ing veterans’ needs. It opens the door premiers enacted a plan to reduce to an expansion of long-term care, to Mr. Speaker. emissions, educate the public, and greater access to outpatient care and By the VA’s own estimates, the vet- label products that contain mercury. to improved benefits, including emer- eran population is now 25 million and Maine and Vermont have passed legis- will drop to about 16 million in the gency care coverage. So in turn, Mr. Speaker, I think it lation to cut mercury pollution, and year 2020. So I am concerned, I think Massachusetts and New Jersey have all of us should be concerned, about provides the reforms we need for the next millennium that could advance enacted strict mercury emission stand- those facilities that cost so much to ards on waste incinerators. operate. More than 40 percent of the the goals of the GAO, and I think it is VA health care facilities are over 50 another important feature towards get- Although there is a clear consensus years old and we are just not getting a ting better efficient use of the money. that mercury pollution poses a signifi- good bang for the buck for the tax- f cant threat, State and regional initia- payers. It cost as much as $1 million a OMNIBUS MERCURY EMISSIONS tives alone are not sufficient to deal day to run these underutilized and un- REDUCTION ACT OF 1999 with this problem. As Congress recognized when it passed the Clean Air Act used facilities, according to the GAO; The SPEAKER pro tempore. Under nearly 30 years ago, Federal legislation and I do not think we should continue the Speaker’s announced policy of Jan- is the only effective way to deal with to do that. That is why myself and my uary 19, 1999, the gentleman from airborne pollutants that know no State colleague, the gentleman from Ala- Maine (Mr. ALLEN) is recognized during bama (Mr. EVERETT), who is chairman morning hour debates for 5 minutes. boundaries. That is why I am intro- of the Subcommittee on Oversight and Mr. ALLEN. Mr. Speaker, yesterday I ducing legislation to reduce the Investigations, have held hearings to introduced the Omnibus Mercury Emis- amount of mercury emitted from the discuss this and try to correct this sions Reduction Act of 1999, a bill to re- largest polluters. This bill sets mer- egregious use of taxpayers’ money. duce mercury emissions by 95 percent cury emission standards for coal-fired Let us not forget, of course, that vet- nationwide. I am pleased to be joined utilities, waste combustors, commer- erans pay taxes themselves, so we want by 27 of my colleagues who have agreed cial and industrial boilers, chlor-alkali to make sure that the taxes they pay to be original cosponsors of this impor- plants, and Portland cement plants. are effectively used also. tant bipartisan legislation. According to the EPA’s report to Con- The GAO found that the Veterans Although mercury is a naturally oc- gress, these sources are responsible for Health Administration has made lim- curring element, it has built up to dan- more than 87 percent of all mercury ited progress over the past 4 months in gerous levels in the environment. Mer- emissions in the U.S. implementing a realignment process. cury pollution impairs the reproduc- My bill also phases out the use of They also found that the VA contains a tive and nervous systems of freshwater mercury in products and ensures that diverse group of competing stake- fish and wildlife, especially loons. It holders who oppose plan changes in the can be extremely harmful when in- municipalities work with waste incin- areas I have just talked about. The gested by humans. It is especially dan- erators that keep products that con- GAO has made suggestions. They sug- gerous to pregnant women, children, tain mercury out of the waste stream. gested more independent planning by and developing fetuses. Ingesting mer- It would also require a recycling pro- those with no vested interest in geo- cury can severely damage the central gram for products that contain mer- graphic locations. They also rec- nervous system, causing numbness in cury as an essential component and in- ommend that the VA consider consoli- extremities, impaired vision, kidney creases research into the effects of dating services, developing partner- disease, and in some cases even death. mercury pollution. ships with other health care providers, According to EPA’s mercury study With mercury levels in the environ- and replacing obsolete assets with report to Congress, exposure to mer- ment growing every year, it is long modern ones that address the health cury poses a significant threat to past time to enact a comprehensive needs of today’s and future veterans. human health, and concentrations of strategy for controlling mercury pollu- I have a bill, Mr. Speaker, that ad- mercury in the environment are in- tion. We have the technology for com- dresses part of these concerns. It is creasing. panies to meet these standards, and H.R. 2116. I am hoping that this bill The report concludes that mercury this bill will allow them to choose the will come to the floor. One of the major pollution in the U.S. comes primarily best approach for their facility. components of my bill, called the Vet- from a few categories of combustion erans Millennium Health Care Act, units and incinerators. Together, these We have reduced or eliminated other contains elements targeted at capital sources emit more than 155 tons of toxins without the catastrophic effects asset management issues, in fact, what mercury into our environment each that some industries predicted. Now we I like to call enhanced stakeholder in- year. These emissions can be suspended should eliminate dangerous levels of volvement for all of the veterans. in the air for up to a year and travel mercury. I urge my colleagues to sup- My bill offers a blueprint to help po- hundreds of miles before settling in port this legislation and stop mercury sition the VA for the future. The point bodies of water and soil. from polluting our waters, infecting is that VA has the closure authority. Nearly every State confronts the our fish and wildlife, and threatening The administration can take those fa- health risks posed by mercury pollu- the health of our children. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6847 A SOURING DEBATE OVER MILK The worst idea in this developing in this country, the families that are PRICES stew is the prospect for dairy-compact living on an income of between $20,000 The SPEAKER pro tempore. Under proliferation. A compact works like an to, say, $80,000 a year, are only going to the Speaker’s announced policy of Jan- internal tariff, because the cartel pro- see a tax cut that is worth one or two uary 19, 1999, the gentleman from Min- hibits sales above an agreed-upon floor cups of coffee a day for those families. nesota (Mr. GUTKNECHT) is recognized price. Producers within the region are But that is only a small part of the during morning hour debates for 5 min- protected from would-be outside com- story. The rest of the story is what utes. petitors. cannot be done if the Republican lead- Mr. GUTKNECHT. Mr. Speaker, very Opponents point out that more re- ership’s tax cut bill were to become soon the Congress will be engaged in a gional compacts, and the higher prices law. For that, I would like to just indi- very vicious debate about milk. And they support, will breed excessive pro- cate a couple of areas of what cannot that may surprise some people; but duction, creating dairy surpluses that be done. Look at and consider the ques- when we start talking about milk mar- will be dumped into markets of other tion of the national debt. On this keting order reforms, it is amazing how regions. This will prompt other States chart, this chart shows what the pub- aggressive some Members can become. to demand similar protection, pro- licly-held national debt of $3.7 trillion Mr. Speaker, in the last couple of moting the spread of dairy compacts. is made up of. days our colleague, the gentleman from Ultimately, as in the 1980s, political These pie chart sections, 38 presi- Wisconsin (Mr. GREEN) and myself have pressure will build to liquidate the dents from 1789 until 1977 produced this sent to all of our other colleagues a dairy surplus in a huge multibillion blue piece. This is President Carter’s copy of an editorial which appeared re- dollar buyout of cheese, milk powder, portion of the debt. This is President cently in the Kansas City Star. and even entire herds. Reagan’s. This is President Bush’s. Mr. Speaker, I would like to read Congress should permit the North- This is President Clinton’s. The inter- some excerpts of that editorial because east Compact to sunset or expire, est on that $3.7 trillion of debt now is as far as I am concerned they got the which will occur if the lawmakers sim- about as large, it is about $230 billion a debate exactly right. I read and I ply do nothing. In fact, doing nothing year, is about as large as the whole quote, in 1996, Congress ordered the ad- to the administration’s proposal seems debt that was created during the ministration to simplify the pricing of to be the best choice in this case, or Carter administration, that was built milk. That is easy enough. Stop regu- more properly the least bad. Perhaps up during the Carter administration. lating it. But this is the farm sector some day Washington will debate real What happens? The tax cut makes and a free market in milk is somehow price simplification as in ditching certain that we will not be able to pay inconceivable. Instead, milk prices are dairy socialism and letting prices fluc- off that debt, and we will have to con- calculated from rules and equations tuate according to the law of supply tinue paying $200 billion or more per filling several volumes of the Code of and demand, closed quote. year for years into the future. That Federal Regulations. Mr. Speaker, the Kansas City Star is means higher interest rates for every The administration’s proposed re- right. We should allow Secretary American family that wants to buy a form would reduce the number of re- Glickman’s modest reforms to go for- home, higher interest rates for every gions for which the price of wholesale ward. We should sunset the Dairy Com- business person who wants to create a milk is regulated from 33 to 11. Fine, pact. Mr. Speaker, markets are more business that is going to provide more but it would also perpetuate the loopy powerful than armies. They allow the jobs. Depression-era notion that the price of market to set the price of milk in Mos- So, the debt problem. milk should in some respects be based cow. Maybe we should try it right here Let me take a different issue. If you in part on its distance from Eau Claire, in Washington, D.C. take a look at the Social Security situ- Wisconsin. Under current policy, pro- f ation, the tax cut, if it were to become ducers farther away from this supposed law in its present form, would make it heart of the dairy region generally re- TWO OF THE MANY PROBLEMS very much more difficult to extend the ceive higher premiums or differentials. WITH THE PROPOSED TAX CUT Social Security system beyond the The administration called for slight- The SPEAKER pro tempore. Under year 2030. We know the demographics. ly lower differentials for beverage milk the Speaker’s announced policy of Jan- We know how many people are going to in many regions, but in Congress even uary 19, 1999, the gentleman from Mas- be retiring between now and then. We this minuscule step towards ration- sachusetts (Mr. OLVER) is recognized know how many are going to enter the ality is being swept aside. The Com- during morning hour debates for 5 min- workforce between now and then, and mittee on Agriculture has substituted utes. we know that the reserve funds in the a measure that essentially maintains a Mr. OLVER. Mr. Speaker, for this Social Security system will run out in status quo. Similar moves are afoot in week the high profile, main business of 2030. And we will only be able to oper- the Senate. Worse, some dairy sup- the Republican leadership in Congress ate on the basis of whatever is paid porters are working to reauthorize and is to reach a final version of the $800 into the Social Security trust fund expand the Northeast Interstate Dairy billion tax cut that has been proposed. year by year, which means the benefits Compact, a regional milk cartel, and Now, the Republican leadership says for the ever-growing number of senior allow similar grouping for southern that their tax cut is for the middle citizens will have to be reduced or the States. Missouri’s legislature, by the class, but that is clearly not true. retirement age for people will have to way, has already voted to join the The House-passed version of the bill go up. Southern Compact, even though it passed here, passed this branch 2 weeks At the same time, at the same time, would result in higher prices for con- ago, and in that version the 6 million we know that for those people who are sumers. The Consumer Federation of highest income taxpayers, which rep- businesspeople who are wealthy Ameri- America reports that the Northeast resent about 5 percent of all taxpayers cans, the retirement age is going down. Dairy Compact raised retail milk in this country, with incomes of over People are retiring, if they are wealthy prices by an average of 15 cents a gal- $125,000 a year, would get 61 percent, enough, at 50, 55, some even younger lon over 2 years. more than three-fifths of the total tax than that. Some of them never have Dairy producers concerned about the reduction, while the other 120 million worked so they never have to retire. long view should be worried. Critics taxpayers in this country, 95 percent of So the Social Security system is in point out that the higher milk differen- all the taxpayers, they would get only serious jeopardy of not having any ad- tials endorsed by the House Committee 39 percent of the total tax reduction ditional revenue to put into the protec- on Agriculture may well lead to lower that is involved. tion and preservation of the Social Se- revenue for many producers. This is be- Now, I do not think that many people curity system. cause the higher prices will encourage would consider that a middle class tax Now, my mother, who is 92 years old, more production, driving down the base cut. In fact, it is designed to make the is living now on Social Security that is milk price and negating the higher dif- already rich a very great deal richer, under $500 per month. She also has a ferential. while the broad middle class of people couple hundred dollars of income from H6848 CONGRESSIONAL RECORD — HOUSE August 3, 1999 other sources but she certainly could cerned citizens asking that we con- She grew up in the tense climate of the not live on a reduced benefit as would tinue working to address this issue. Cold War, fully aware that as dem- happen if this tax cut were to become Mr. Speaker, the American people onstrated by Sputnik the Soviet Union law. care that our national security has could launch a missile with enough So those are two reasons. There are been compromised. The American peo- force to threaten her home. No doubt, many others but those are two of what ple care about what other sensitive she shared the apprehension that would the problems are with the tax cut that U.S. information China and rogue na- spark the space race and see the United is being proposed. tions have been able to access. Our po- States play catch-up to the apparent f tential adversaries may have been able dominance of the world’s other super- to steal information on our most ad- power. WE MUST TAKE ACTION TO EN- vanced stealth technology. Our mili- She just turned 12 when Apollo 8 SURE THE SAFETY AND SECU- tary space research or information on made its 10 historic orbits of the Moon RITY OF ALL AMERICANS our most advanced communications on Christmas day 1968, and I have no The SPEAKER pro tempore. Under equipment. doubt she was among the millions who the Speaker’s announced policy of Jan- Each of these technologies by them- watched Neil Armstrong, Michael Col- uary 19, 1999, the gentleman from selves pose real risks to the security of lins, and Buzz Aldrin make their voy- North Carolina (Mr. JONES) is recog- the American people. For that reason, age in Apollo 11 in July of 1969. nized during morning hour debates for I am concerned not only for the safety She dreamed of being a test pilot and 5 minutes. of our generation but also that of the an astronaut but it did not come easy Mr. JONES of North Carolina. Mr. future generations. My friend and col- for her. Though women were early pio- Speaker, 3 weeks ago I first learned the league, the gentleman from Pennsyl- neers of flight, since the 1930s fewer op- story of a lieutenant colonel working vania (Mr. WELDON), and I have asked portunities were open to women. It was for the Department of Energy whose the Committee on Armed Services not until the mid-1970s that women be- job had been threatened. Colonel Ed chairman, the gentleman from South came eligible for positions as military McCallum was the director of the Of- Carolina (Mr. SPENCE), to hold a hear- aviators, the traditional route to the fice of Safeguards and Security for the ing allowing members of Colonel astronaut program. Department of Energy. He and his staff McCallum’s staff to testify. The infor- Collins was working her way through community college during this time were responsible for the policy that mation they can provide will be crit- and earned a scholarship to Syracuse. governs the protection of the Energy ical in assessing Congress’ effort to She studied mathematics and econom- Department’s national security assets. halt the leakage of sensitive military ics, going on to later earn a Master of This includes nuclear weapons, nuclear secrets. Science degree in operations research materials, highly classified informa- Mr. Speaker, we must take action to from Stanford University and a Master tion, and personnel clearances. protect those individuals who are will- of Arts in space systems management In his position within the Depart- ing to come forward with the informa- ment, Colonel McCallum was respon- from Webster University. tion that will keep our sensitive na- In 1979, the same year Skylab fell out sible for evaluating and working to tional security information protected prevent security challenges with re- of Earth’s orbit, she completed her and secret. We must take actions to en- pilot training for the Air Force. She gard to our Nation’s most sensitive sure the safety and security of all technology. In his 9 years as director, became a flight instructor, and in 1983 Americans. when Sally Ride became the first Colonel McCallum worked under Clin- f ton appointee Secretary Hazel O’Leary American woman in space, she was a C– 141 commander and instructor. As a and then under current Energy Sec- EILEEN COLLINS, A TESTAMENT test pilot, she eventually logged over retary Bill Richardson. Under both, he OF THE POSSIBILITIES THAT DREAMS PRESENT TO US 5,000 hours in 30 different aircraft. worked to highlight security lapses She was selected as an astronaut in within the Department. Unfortunately, The SPEAKER pro tempore. Under 1990, became the first woman pilot of he faced a steep uphill battle getting the Speaker’s announced policy of Jan- the Space Shuttle aboard the Dis- anyone in the department to listen to uary 19, 1999, the gentlewoman from covery on STS–63 in February of 1995. his concerns. Maryland (Mrs. MORELLA) is recognized Going into this most recent mission, Instead, his reports and memos were during morning hour debates for 5 min- she had already logged over 419 hours ultimately carelessly set aside. Even utes. of time in space. after gaining the attention of the Sec- Mrs. MORELLA. Mr. Speaker, as a With her latest mission, however, she retary, little or no action was taken. testament of the possibilities that embarked on an adventure that marks Time after time, his efforts were dreams present to us, I rise this morn- another moment in history. She be- stonewalled. ing to speak on a resolution that I in- came the first woman commander of a Now Colonel McCallum is speaking troduced which passed the House yes- mission to space. out about the Department’s efforts to terday honoring a true American hero. As chair of the Subcommittee on ignore the great breaches of national After two frustrating but necessary Technology, I introduced the legisla- security at our weapons laboratories. delays, STS–93 finally launched early tion that created the Commission on Since coming forward with the truth, in the morning on July 23, and last the Advancement of Women and Mi- Colonel McCallum was placed on ad- Tuesday the Space Shuttle Columbia norities in Science, Engineering and ministrative leave and his career was landed safely at the Kennedy Space Technology Development, working to threatened. Now with the help of Bill Center after the successful completion reverse the underrepresentation of O’Reilly and Fox News, I have been of its mission. On its 26th voyage to these groups in the sciences through working to draw attention to the sub- Earth’s orbit, Columbia launched the better education and encouragement at ject of China and other nations’ efforts Chandra X-Ray Observatory. This mar- all levels of learning. Through my to steal American military secrets, as vel of technology promises to unlock work on the Committee on Science, I well as the administration’s treatment many secrets of the origins of the uni- have had the pleasure of meeting Colo- of the men and women who are coming verse and the formation of galaxies, nel Collins. I have been impressed by forward with the truth. stars and planets. As promising and as her down-to-earth personality and Colonel McCallum and members of exciting as this latest enterprise of ex- sense of self in such a historic context. his staff are working to protect the se- ploration is to scientists and students Commenting on the low number of curity of each and every American cit- everywhere, there is still a greater sig- women astronauts, she said, ‘‘If you do izen. Rather than being rewarded for nificance to this mission. not have large numbers of women their patriotism, they are being pun- The commander of this mission, U.S. apply, it will be hard to select large ished by this administration. Air Force Lieutenant Colonel Eileen numbers of women.’’ After appearing on the O’Reilly Fac- Marie Collins, was born in 1956, just Mr. Speaker, H. Res. 267 seeks to rector last month, my office has received one year before the space race began ognize the wider possibilities dem- numerous calls and letters from con- with the Soviet launch of Sputnik 1. onstrated by this flight. This latest August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6849 mission is a signal to little girls who Mr. Speaker, our constitutional re- cided at the last minute to withdraw dream. Space is there for them, too. public has survived scores of scoundrels his amendment because the votes for- And the next time humankind endeav- and scalawags, but to have those at the tunately were not there; but during ors to take another joint leap, it could highest level of government speak of a that debate many of us who opposed well be a woman to make it. strategic partnership with Communist the Burton amendment pointed to in- f China and then have it revealed in the creased trade and opportunities be- fullness of time just what that stra- tween the United States and India in NAIVETE OR CRASS PARTISAN, tegic partnership meant, crass par- various areas, and the support of the POLITICAL ADVANTAGE tisan, political advantage through U.S. business community for more in- THROUGH SCANDALOUS FUND- scandalous fund-raising that has led us vestment and trade with India. RAISING? to this sorry state of affairs. If it is not I have to say that as Secretary Rich- The SPEAKER pro tempore. Under by design then at least by naivete, and ardson and many of the Clinton Cabi- the Speaker’s announced policy of Jan- that leads us to another item in this net members have really taken the uary 19, 1999, the gentleman from Ari- morning’s paper. lead the last few years in trying to pro- zona (Mr. HAYWORTH) is recognized dur- William F. Buckley writes in his col- mote more opportunities for coopera- ing morning hour debates for 5 min- umn and I quote, ‘‘With reference to tion in various areas between the utes. North Korea, specifically American in- United States and India, some of us re- Mr. HAYWORTH. Mr. Speaker, my telligence has said that as things are member when Ron Brown, who when he colleague from Maryland spoke elo- now going the North Koreans plan to was the Commerce Secretary, went to quently of the dreams of all Americans, test the Taepodong II, an advanced India a few times and did a trade mis- and it is with a sense of profound anx- version of the T–1 missile that rocked sion to India. After that, Secretary iety that I come to the floor today to the world when last August it soared Daley took a mission to India to talk talk about those elements in our world right over the island of Japan. T–2 is about the opportunities for trade and that could defer those dreams. designed to do better than T–1, and bet- investment, and certainly Bill Richard- The lead story, Mr. Speaker, in to- ter means that it could land a nuclear son, when he was the U.N. ambassador day’s Washington Times reads as fol- payload in Alaska or in Hawaii.’’ and on other occasions, was there in lows: ‘‘China Tests New Long Range I recall the words and the intent of India trying to promote more opportu- Missile.’’ Bill Gertz, the byline, he this administration by former Defense nities between our two countries. writes and I quote, ‘‘China successfully Secretary William Perry who lectured Secretary Shalala did the same thing test-fired its newest long-range missile new Members of Congress on the neces- when she made a trip and talked about yesterday amid heightened tensions health issues. So I think that it is par- with Taiwan over pro-independence re- sity of giving, giving nuclear reactors ticularly opportune that after the par- marks by the island’s President. The to the outlaw nation, that is North liamentary elections, which are likely CIA believes the DF–31 test launched Korea, and worse it has been reported to set a new course for India not only from a base in central China will be the in our press that the State Department in terms of its diplomacy in politics first new Chinese intercontinental bal- kept from Congress information that but also in terms of its economic pol- listic missile to incorporate stolen U.S. the core of one of those reactors is now warhead design and missile technology, missing. icy, would be followed by a trip to according to U.S. officials.’’ Mr. Speaker, when will we awaken to India by Bill Richardson this fall. Mr. Speaker, when I read those words the threat that has been created by na- My understanding is that the Sec- this morning, I could not help but re- ivete or crass political advantage that retary plans to visit New Delhi to ex- flect on the revelations that have some have sought in direct contraven- pand energy cooperation. During his rocked our Nation’s capital and our en- tion and dereliction of the oath of of- visit, he will be discussing ways of retire country in the past several fice which we all take as constitutional ducing emission from thermal power months. The fund-raising scandals, the officials to provide for the common de- plants through better technology and apparent absence of concern at our Na- fense, to defend the people and the Con- also explore possibilities for cooperation’s nuclear laboratories, the whole- stitution of the United States? tion between the two countries in solar sale theft of our nuclear secrets and Mr. Speaker, when will the partisan energy and related technologies. the apparent cooperation of some in press awaken to these revelations? So it is renewable resources, in par- the private sector, and some in alleged f ticular, something that I am very concerned about and I think is very impor- government service to make it so. COOPERATION BETWEEN THE Mr. Speaker, what perverse pride can tant for the future. We know that in UNITED STATES AND INDIA RE- the northeastern part of the United anyone derive from these revelations? GARDING ENERGY ISSUES Is there actually pride on the part of States recently we had blackouts. We the Clinton-Gore gang and their fund- The SPEAKER pro tempore. Under know how important it is to try and raisers this morning? Is there actually the Speaker’s announced policy of Jan- use renewable resources and to find pride in the heart of Bernard Schwartz, uary 19, 1999, the gentleman from New ways not only in developing countries the leading giver to the Democratic Jersey (Mr. PALLONE) is recognized like India but also in the United National Committee, whose firm, during morning hour debates for 5 min- States, in developed countries, to try Loral, gave technology to the Com- utes. to conserve and find new ways of deal- munist Chinese? C. Michael Armstrong, Mr. PALLONE. Mr. Speaker, I wanting with the scarce energy resources. the one-time CEO of Hughes, another ed to take the opportunity this morn- My understanding is that the Energy company that gave technology to the ing to comment on the fact that Sec- Secretary would also visit China for a Communist Chinese, can he feel pride retary of Energy, Bill Richardson, re- similar exercise and discuss with Bei- at these revelations this morning? cently announced at the Energy De- jing ways to reduce pollution from Is our national security advisor, partment that he will be visiting India thermal power generating units. Sandy Berger, who sat on this informa- this fall after the parliamentary elec- One other thing that happened relat- tion and apparently withheld it from tions that are supposed to take place ing to the Energy Department, again the highest levels of government, does next month, and basically indicated announced by the Secretary, is that be- he feel pride this morning that our Na- very strongly that the purpose of his cause of his responsibility not only for tion is at risk? visit is to encourage even more co- peaceful uses of energy but also for How proud former Energy Secretary operation between the United States America’s nuclear weapons labora- Hazel O’Leary must be this morning, and India with regard to energy issues. tories, Richardson announced that his with her socialist utopian vision of Yesterday, Mr. Speaker, last night senior advisor for national security, sharing our nuclear technology with actually on the floor, we initially had a Joan Rohlfing, would work at the U.S. those who oppose us in the world. And debate on the Burton amendment, embassy in New Delhi to deal with non- finally and sadly, how proud the Presi- which was seeking to cut development proliferation issues. Essentially, Ms. dent and Vice President of the United assistance to India, and wisely the gen- Rohlfing’s position is effective from States must be. tleman from Indiana (Mr. BURTON) de- September 1 for a specific period of H6850 CONGRESSIONAL RECORD — HOUSE August 3, 1999 about 6 months, and she obviously will PLEDGE OF ALLEGIANCE voted Democrat in the Congressional be dealing with the whole issue of non- The SPEAKER pro tempore. Will the elections. proliferation, ways of trying to deal gentleman from Ohio (Mr. TRAFICANT) By now it is no surprise that Repub- with the fact that India is now a nu- come forward and lead the House in the licans actually meant what they said. clear power; and we certainly recognize Pledge of Allegiance. The House of Representatives under the fact that India is a nuclear power, Mr. TRAFICANT led the Pledge of the Republicans have passed tax relief but obviously we need to have better Allegiance as follows: for working families. This is upsetting cooperation between the United States to many on the left, still locked in the I pledge allegiance to the Flag of the and India with regard to the nuclear United States of America, and to the Repub- 1960s mentality that demonizes those issue in terms of security as well, and lic for which it stands, one nation under God, that save, invest, create jobs, and pay so I would encourage that. indivisible, with liberty and justice for all. the lion’s share of taxes. I am very pleased to see that Sec- f Our relief package is fair and bal- retary Richardson is taking this initia- anced. It puts aside $2 for Social Secu- tive both with regard to the peaceful WELCOME TO REVEREND DR. DON- rity and Medicare for every $1 in tax uses of energy as well as on the nuclear ALD CARTER, BAPTIST TEMPLE relief for working families. power issue and what might happen in OF ALAMANCE COUNTY, BUR- It does something foreign to the left terms of our national security inter- LINGTON, NORTH CAROLINA that controlled this chamber for 40 ests. I think this is a strong indication (Mr. COBLE asked and was given per- years before us. It pays down the na- of further U.S. India cooperation in an mission to address the House for 1 tional debt by some $1 trillion, and it area that is very crucial to all of us, minute and to revise and extend his re- cuts taxes so that all taxpaying fami- and that is our energy resources. marks.) lies will benefit. f Mr. COBLE. Madam Speaker, the The Republican Party is the party of tax relief for working families. RECESS gentleman who opened the House today, Reverend Carter, I came to f The SPEAKER pro tempore. Pursu- know him, his wife, Betty, his son ADDRESSING THE PROBLEMS OF ant to clause 12 of rule I, the Chair de- David, and the Baptist Temple Church HEPATITIS C clares the House in recess until 10 a.m. family when I initially was a candidate (Mr. WEINER asked and was given Accordingly (at 9 o’clock and 45 min- for Congress in 1984. utes a.m.), the House stood in recess permission to address the House for 1 Don and his church family and the minute and to revise and extend his re- until 10 a.m. entire Alamance County Ministerial f marks.) Association serve their county well, Mr. WEINER. Madam Speaker, the b 1000 and we are honored to have Don to Queens Courier, a distinguished local open our service today. AFTER RECESS newspaper in New York, recently con- The bad news is I no longer represent cluded in an exclusive study that they The recess having expired, the House him. As a result of redistricting, did in this edition that hepatitis C has was called to order by the Speaker pro Alamance County was assigned to an- reached near epidemic proportions in tempore (Mrs. WILSON) at 10 a.m. other Congressional District, and they New York City and, in fact, in the Na- f are now ably represented by the gen- tion as a whole. tleman to whom I yield. The Queens Courier study actually PRAYER I am pleased to yield, Madam Speak- does a great national service to bring The Reverend Dr. Donald Carter, er, to the gentleman from North Caro- our attention to what is an often and Pastor, Baptist Temple of Alamance lina (Mr. BURR). unrecognized epidemic: Nearly 4 mil- County, Burlington, North Carolina, Mr. BURR of North Carolina. Madam lion Americans have been affected by offered the following prayer: Speaker, I thank the gentleman for hepatitis C. As a result, there are al- May we pray. yielding. most 10,000 deaths every year in this Heavenly Father, thank You for our Madam Speaker, I also welcome Pas- country, and it causes over $600 million forefathers who carved out of the wil- tor Carter and his wife Betty. In fact, in medical bills in our country. This is derness a great Nation, a Nation that in every community, we find families indeed an epidemic, albeit a quiet one. has enjoyed the blessings of Almighty that we represent. Pastor Carter rep- This is particularly poignant to New God. We acknowledge Your protective resents a family in Burlington of sev- York City, where there are so many and guiding hand upon our Nation dur- eral hundred of his parishioners that immigrant communities. ing these 223 years. every week turn to him for their spir- Now is the time for not only authori- I request that You give the men and itual guidance and for the leadership ties in New York State, but the Center women who are servants of our trust that they need, both personally and for Disease Control here in Wash- and who represent us understanding of professionally. Dr. Carter, we are glad ington, to finally recognize that hepa- the problems and needs of our country. to have you today and your lovely wife. titis C has reached a crisis proportion. Give them wisdom to address them. We I also pledge to my dear colleague, The Queens Courier has done a very have sinned as a people and as a Na- the gentleman from North Carolina important job by calling this to our at- tion. Forgive us of our sins. May these (Mr. COBLE) that I will carry on the tention. Now we in Congress have to who represent us do what is right, not good tradition that he has established, take up this call and address the prob- what is popular, as John Adams said. not only with the Baptist Temple, but lems of hepatitis C. with Alamance County. May that being who is supreme over- f all, the Patron of Order, the Fountain f of Justice and the Protector of all ages NETWORKS NOT COVERING GREEN- of the world of virtuous liberty, con- TAX CUTS TO BENEFIT ALL SPAN STATEMENTS PROPERLY tinue His blessings upon this, our Na- TAXPAYERS (Mr. HEFLEY asked and was given tion. (Mr. ROGAN asked and was given permission to address the House for 1 In Jesus’ name I pray. permission to address the House for 1 minute and to revise and extend his re- f minute and to revise and extend his remarks.) marks.) Mr. HEFLEY. Madam Speaker, today THE JOURNAL Mr. ROGAN. Madam Speaker, we Re- is the first installment of our Media The SPEAKER pro tempore. The publicans across the country cam- Watch. Media Watch is an effort to Chair has examined the Journal of the paigned last year on the issue of tax recover the stories the networks will not last day’s proceedings and announces lief for working families. We said that cover, the stories which are distorted to the House her approval thereof. Americans are overtaxed, and America by liberals, and the stories which are Pursuant to clause 1, rule I, the Jour- agreed. That is why last year more buried in the back pages for political nal stands approved. Americans voted for Republicans than reasons. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6851 As always, there is a lot to choose ture when former Secretary of State ever to the rhetoric we are hearing on from, but I think most people would George Baker, who was the emissary of the other side of the aisle. agree that the way the major networks the UN Secretary General, visited the Democrat after Democrat, over the covered Federal Reserve Chairman Sahrawi people in their refugee camps. past several weeks, has come down to Alan Greenspan’s comments on the Re- Eighty-five prisoners were released and the House floor and railed against the publican tax proposal deserves a second filled with anticipation of going home. Republican tax cut proposal, claiming look. Unfortunately, two of the men have that it would do nothing for debt re- Anybody watching ABC, NBC, CBS or died while waiting for permission from duction, do nothing for Social Secu- CNN would come away thinking that their government to visit Morocco. rity, blah, blah, blah. But our proposal the Federal Reserve Chairman opposed Last year I visited these released reduces the debt by $2 trillion. The the Republican tax cuts and felt them POWs in their camp. You can see these Congressional Budget Office confirms unwise. men in the photo around me. this. Not only that, but the Congres- Well, Alan Greenspan’s comments Madam Speaker, some of these men sional Budget Office scores our budget were not exactly as they were por- have languished, along with the proposal as $200 billion better on debt trayed. In fact, the Chairman warned Sahrawi refugees, in the desert for 20 reduction than the Democrat plan. In against more spending. Those com- years. Yet, even though they are free, other words, our plan reduces the debt ments were ignored. In fact, the Chair- Morocco has not allowed them to re- more than the Democrats do. man said that if the choice were be- turn home to Morocco to their fami- How are we to take their rhetoric se- tween more spending and tax cuts, he lies. riously? How can we possibly have an thought tax cuts made sense, and that Why? No one knows. honest debate, when our budget pro- more spending would be the worst of Madam Speaker, I urge the new King posal is routinely mischaracterized and all outcomes. of Morocco as a gesture of good will to misrepresented beyond any recogni- Surprise, surprise. We get spin from accept the freed Moroccan citizens so tion? the networks. they can return home to their families. All I can say is thank God for C– f f SPAN. STRENGTHENING AND ENACT PATIENTS’ BILL OF f MODERNIZING MEDICARE RIGHTS NOW INTENSIFY WAR ON DRUGS (Mr. ALLEN asked and was given (Mr. STUPAK asked and was given (Mr. TRAFICANT asked and was permission to address the House for 1 permission to address the House for 1 given permission to address the House minute and to revise and extend his re- minute and to revise and extend his re- for 1 minute and to revise and extend marks.) marks.) his remarks.) Mr. ALLEN. Madam Speaker, anyone Mr. STUPAK. Madam Speaker, I rose Mr. TRAFICANT. Madam Speaker, who has been paying attention in this just about a year ago to join my col- the Drug Czar said only 38 percent of country in the last year would think, leagues in offering a one minute on a teenagers in America have tried drugs, would know, that we have got some proposed patients’ bill of rights. We and he is all excited. problems with Medicare. The program were discussing this topic in the House Now, look, I like the Czar. I think he becomes insolvent in the year 2015. because the leadership of the majority, is doing a good job. But 38 percent is So let us look at this Republican tax both in the House and the other body, not exactly a number we should be cut proposal. It devotes $792 billion for had finally entered into the public dis- celebrating, folks. tax cuts and does absolutely nothing to cussion on adoption of a Patients’ Bill Let us tell it like it is: Drugs account strengthen and modernize Medicare. of Rights. for 80 percent of all crime, 70 percent of The GOP plan does not extend the sol- I regret to say that my optimism was all murder, 50 percent of all healthcare vency of Medicare by one day. By contrast, the Democratic plan in- misplaced. I am sorry to say 1 year and costs, and heroin and cocaine is as easy vests $325 billion of the on-budget sur- 2 weeks later, we still have not passed to get as aspirin in every city in Amer- plus over the next 10 years in the Medi- the Patients’ Bill of Rights. ica, and it all comes across the border. care Trust Fund and extends it out to Since that time, public clamor for a Our borders are wide open and our eyes 2027. real, genuine Patients’ Bill of Rights are wide shut. The GOP plan contains absolutely has only grown. The public recognizes Beam me up. We do not have a war nothing for prescription drug benefits. that, like the first ten amendments to on drugs going on; we have a propa- The Democratic plan contains $45 bil- the Constitution, there are real people ganda game going on in America. lion over 10 years to help provide our and real rights that need to be pro- f tected. Medical decisions which affect seniors with help in buying their pre- THE LAKE TAHOE the very livelihood of people and their scription drugs. ENVIRONMENTAL SUMMIT There is no question, this tax cut and quality of life must be made by doc- helping Medicare, improving Medicare, tors, in consultation with patients, not (Mr. GIBBONS asked and was given providing the prescription drug benefit, insurance accountants. Patients must permission to address the House for 1 they cannot both be done. Moreover, be able to hold HMOs liable, account- minute and to revise and extend his re- the surplus, frankly, is not there. able, for decisions that affect their marks.) Mr. GIBBONS. Madam Speaker, f lives and the quality of life, not some travesty of an internal review process. today I rise to pay tribute to Lake WESTERN SAHARA PRISONERS OF f Tahoe. Mark Twain once said, as he de- WAR NEED TO GO HOME scribed Lake Tahoe, it was ‘‘the fairest REPUBLICAN BUDGET PROPOSAL (Mr. PITTS asked and was given per- picture the whole Earth afforded.’’ BEING MISREPRESENTED AND mission to address the House for 1 With an estimated 30 percent of the MISCHARACTERIZED minute and to revise and extend his re- trees and forests surrounding Lake marks.) (Mr. BALLENGER asked and was Tahoe dead or dying, and the lake los- Mr. PITTS. Madam Speaker, the given permission to address the House ing almost a foot of clarity a year, country of Morocco has been in the for 1 minute and to revise and extend many environmental changes must be news a lot the last couple of weeks. his remarks.) made to ensure that we pass on to our This morning, I rise on behalf of 83 Mr. BALLENGER. Madam Speaker, children the same wonderful gift of na- freed Moroccan POWs in the midst of if you take a look at this chart here, ture in the same pristine condition in the Sahara Desert. These men were you will notice that the Republican which we found it. originally imprisoned due to the con- budget proposal will reduce the debt A very important first step in this flict between Western Saraha and Mo- held by the public by approximately $2 battle was taken when we hosted the rocco. trillion. You will also notice that the Lake Tahoe Environmental Summit in These prisoners were released in 1997 Republican debt reduction proposal July of 1997. As a result of these meet- by Western Sahara as a goodwill ges- bears absolutely no relation whatso- ings $48 million in Federal funds were H6852 CONGRESSIONAL RECORD — HOUSE August 3, 1999 committed to the Lake Tahoe Basin for we pay taxes on the earnings. If we So please, with all due respect, Dem- clean-up and conservation efforts. But work hard to earn more, we end up ocrat allegations that Republicans are most importantly, the majority of paying what is called an alternative being fiscally irresponsible for pro- these dollars were available to State minimum tax, and lose all our family posing tax relief in the face of increas- and local agencies of Lake Tahoe, and tax credits. ing surpluses do not pass the credi- not a Federal bureaucracy. Finally, if we build a successful busi- bility test. As C–Span junkies know, on The agreement reached at Lake ness and try to leave it to our kids, virtually every amendment, on vir- Tahoe is a shining example of concerns they will probably have to sell it in tually every bill, Democrats attempt of environmentalists, conservationists, order to pay taxes when we die. to increase spending and Republicans and even private property owners are We want to end the assault on Amer- try to reduce spending. not mutually exclusive. I commend all ican values of family, savings, hard How is it that increased spending is those involved, and look forward to the work, entrepreneurship, and freedom. not a threat to fiscal discipline, but tax second annual Tahoe Summit to report It is our money, and we deserve to get cuts are? Just how liberal am I to con- on the positive and cooperative efforts it back. Americans do not want or need clude the Democrat party has become that would truly benefit this gem in the President to spend our money on if tax cuts are viewed as dangerous to the sky. big government. the economy? One has to wonder just f f where they learned economics. Tax- payers know which party is careful SUPPORT THE PATIENTS’ BILL OF CONGRESS MUST PASS A MEAN- with their money and which party is RIGHTS INGFUL PATIENTS’ BILL OF not. (Mr. SANDLIN asked and was given RIGHTS f permission to address the House for 1 (Ms. DELAURO asked and was given WE NEED A TRUE PATIENTS’ BILL minute and to revise and extend his re- permission to address the House for 1 OF RIGHTS marks.) minute and to revise and extend her re- Mr. SANDLIN. Madam Speaker, in- marks.) (Mr. WEYGAND asked and was given surance companies, there they go Ms. DELAURO. Madam Speaker, for permission to address the House for 1 again, attempting to mislead and de- the past 2 years the American people minute and to revise and extend his receive the American public. Television have consistently asked for reasonable marks.) ads that they are placing all across health care reforms that put those de- Mr. WEYGAND. Madam Speaker, how many times have we heard about a this country incorrectly state that a cisions back in the hands of doctors woman being denied to designate her Patients’ Bill of Rights will make in- and patients and out of the hands of in- OB–GYN doctor as her primary care surance premiums skyrocket. surance company bureaucrats. People physician? How many times have we Nothing could be further from the want to be able to choose their own heard about patients being denied truth. Madam Speaker, the State of doctor, to have access to the nearest emergency room care because an HMO Texas enacted these protections that emergency room, to see a specialist bureaucrat has said no to the billing? the insurance companies claim will in- when necessary, to be free from HMO How many times have we heard doctors crease premiums. The Texas experience gag rules that prevent doctors from say, we need more time to stay for this proves that the insurance companies discussing treatment options for them, patient, but the HMO has said no? are dead wrong. One of those protec- and to have the right to hold HMOs ac- Sometimes these decisions cause tions that is most often cited is the countable for their decisions. harm, sometimes even death. The Dec- right to sue an HMO if treatment is de- This Congress can and should pass laration of Independence states that we nied. these reforms now. The Members of are endowed with certainly unalienable Texas enacted a similar provision in this body who are doctors, whether rights, including life, liberty, and the 1997. There have been 516 complaints Democrats or Republicans, almost all pursuit of happiness. Serving as the filed, half in favor of the patient, half agree that these measures will benefit foundation for our Bill of Rights, it is in favor of the plan. Only three law- patients, make our health system now time to call for a true Patients’ suits have been filed, three lawsuits. stronger. Bill of Rights, a Patients’ Bill of That is hardly an explosion in a popu- In the past year, thousands of Medi- Rights that will provide real access to lation of 20 million people. care recipients have been dropped by emergency room care, will strengthen Texas has some of the lowest pre- their HMOs. Millions of Americans the doctor-patient relationship, and mium rates in the entire country, and have health care without basic cov- most importantly, most importantly, a study from the Kaiser Family Foun- erage protections. We must pass a provide patients with the right to hold dation found that liability accounted meaningful Patients’ Bill of Rights. It insurance companies for wrongdoing, for only 3 to 13 cents per person per must reflect our values for quality to be able to sue them when they are month in premiums, 3 to 13 cents. Mr. health care in this country. If we do, wrong. Speaker, the Democrats are working to we can once again make the doctor’s Let us provide a true Patients’ Bill of put the needs of patients first. Let us office a place for medical decisions. Rights, and declare a Declaration of enact a real Patients’ Bill of Rights, f Independence from the gag rules of not a bill of goods. TAXPAYERS KNOW WHICH PARTY HMOs. Please support a true Patients’ f IS CAREFUL WITH THEIR MONEY Bill of Rights. f THE TAX RELIEF BILL (Mr. BARTLETT of Maryland asked (Mr. SAM JOHNSON of Texas asked and was given permission to address THE REPUBLICAN AGENDA IS THE and was given permission to address the House for 1 minute and to revise BEST AGENDA the House for 1 minute and to revise and extend his remarks.) (Mr. SHIMKUS asked and was given and extend his remarks.) Mr. BARTLETT of Maryland. Madam permission to address the House for 1 Mr. SAM JOHNSON of Texas. Madam Speaker, for 40 years Democrats con- minute and to revise and extend his re- Speaker, Americans do not want, need, trolled Congress. For 40 years Demo- marks.) or deserve the highest taxes since crats expanded government, spent be- Mr. SHIMKUS. Madam Speaker, World War II. For too long, our tax sys- yond our needs, and called Republicans what is the Republican agenda? The tem has punished the very virtues extremists or mean-spirited any time Republican agenda is the best agenda Americans live by: hard work, mar- they tried to limit spending, cut waste- for all Americans. B is for bolstering riage, savings, entrepreneurship, and ful government programs, and return our national security, E is for edu- freedom. power back to the State and local cation excellence, S is for strength- Look what happens when we play by level. They have a 40-year track record ening retirement security, and T is for the rules. If we get married, the gov- of being the party for which fiscal dis- tax relief for working Americans. ernment punishes us with taxes. If we cipline was the last thing on their Republicans have the BEST agenda. save and invest for our family’s future, minds. It is a positive, forward-looking agenda August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6853 that recognizes that our military needs Now, we do this, we put aside $1.9 HMOs. Fifty-eight percent of those say must be given a higher priority in a trillion for social security and Medi- the conflicts have been serious, and dangerous world, that our schools need care, and the second thing we do is we happen frequently. Seventy percent of to be improved if our kids are going to pay down the debt, $2 trillion, as seen the doctors say they do not have suffi- enjoy a bright future, that our seniors on this chart. The third thing we do, cient control over treatment. need to be protected against a looming and only after social security, Medi- As damning as the numbers are, the social security and Medicare crisis, and care, and debt reduction, we return to doctor’s comments say even more. Dr. that Americans who pay the taxes American people their money for over- Ruth Schiller, a Harleysville, Pennsyl- should be given tax relief, not more payment on taxes. vania, pediatrician, says that ‘‘HMOs rhetoric about why Washington needs The President’s attitude is somewhat are worse in the sense that I cannot more money. epitomized in this statement: ‘‘We make all of the decisions for appro- Bolstering national security, edu- could give the surplus all back to you priate care.’’ cation excellence, strengthening retire- and hope you spend it right.’’ Gee, Another doctor said, ‘‘The American ment security, tax relief for working whiz, people of America, Bill Clinton people need to wake up. Their lives are Americans, Republicans have the BEST can spend your money better than you in danger with HMO control. Doctors agenda. can spend it. Does that not make us have to put away their medical books f feel good? and do what the HMO manual says for All I can say is, the people in Amer- their patients.’’ THE PATIENTS’ BILL OF RIGHTS ica must not know how to spend money A third doctor was afraid to sign his (Ms. SLAUGHTHER asked and was at all, judging by the responsibility ex- survey for fear of HMO retaliation. given permission to address the House hibited over at the White House the Something has gone wrong. ‘‘HMO’’ for 1 minute and to revise and extend past 2 years. stands for How Much Outrage must the Let me say this, this is Americans’ her remarks.) American people put up with? Pass the money. It ought to go back to them. Ms. SLAUGHTER. Madam Speaker, I Patients’ Bill of Rights. am continually amazed by the misin- f f formation spread about the Patients’ UNDER THE REPUBLICAN TAX Bill of Rights. I know the businesses in CUT, WORKING AMERICANS GET FOREIGN OPERATIONS, EXPORT my district believe this Patients’ Bill THE SHAFT FINANCING, AND RELATED PRO- of Rights would allow enrollees to sue (Mr. SHERMAN asked and was given GRAMS APPROPRIATIONS ACT, their employers for denied benefits, but permission to address the House for 1 2000 nothing could be further from the minute and to revise and extend his re- The SPEAKER pro tempore (Mrs. truth. In fact, the Patients’ Bill of marks.) WILSON). Pursuant to House Resolution Rights contains explicit provisions Mr. SHERMAN. Madam Speaker, I 263 and rule XVIII, the Chair declares stating that employers cannot be sued ran down to this floor when I heard my the House in the Committee of the for decisions made by health insurers. colleague, the gentleman from Cali- Whole House on the State of the Union I hope that the American people this fornia, refer to the Republican tax cut for the further consideration of the time will see through the smokescreen as fair and balanced. I thought, how bill, H.R. 2606. being thrown up by too many groups could such a huge tax cut, aimed al- b who have too much interest in killing most exclusively at the super wealthy 1030 this legislation. The more time goes and the giant corporations, be called IN THE COMMITTEE OF THE WHOLE by, we risk losing this opportunity al- balanced? And then I understood what Accordingly, the House resolved together. The powerful forces lined up he must have meant. itself into the Committee of the Whole against this legislation will accept an- See, under this tax cut, the top 1 per- House on the State of the Union for the other delay to give them the chance to cent wealthiest Americans get ten further consideration of the bill (H.R. marshall their forces. times the tax relief as 100 million 2606) making appropriations for foreign We have plenty of time to pass an ir- Americans, constituting the lower 40 operations, export financing, and re- responsible tax cut, time to prevent percent of income earners. At the same lated programs for the fiscal year end- the Department of Labor from pro- time, this tax cut provides more tax re- ing September 30, 2000, and for other tecting people against workplace inju- lief to job-exporting corporations than purposes, with Mr. THORNBERRY in the ries, time to name buildings and court- it provides to over 50 million Ameri- chair. houses, but evidently we do not have cans. The Clerk read the title of the bill. the time to protect the very lives and Madam Speaker, that is the balance. The CHAIRMAN. When the Com- limbs of our constituents. Compared to the super wealthy, work- mittee of the Whole rose on Monday, After this Friday, this Chamber is ing Americans get the shaft. Compared August 2, 1999, the demand for a re- out of session for 36 days. How many of to giant corporations, working families corded vote on the amendment offered those days will we fritter away on get the shaft. That is the only sense in by the gentleman from Texas (MR. sound bites and legislation designed for which the Republican tax cut is bal- PAUL) had been postponed. special groups? anced. f SEQUENTIAL VOTES POSTPONED IN COMMITTEE f OF THE WHOLE POLITICS AS USUAL WHEN IT CONGRESS MUST PASS THE The CHAIRMAN. Pursuant to House COMES TO SPENDING THE PATIENTS’ BILL OF RIGHTS Resolution 263, proceedings will now MONEY OF THE PEOPLE OF resume on those amendments on which (Mr. HOEFFEL asked and was given AMERICA further proceedings were postponed in permission to address the House for 1 the following order: The amendment (Mr. KINGSTON asked and was given minute and to revise and extend his re- offered by the gentleman from Colo- permission to address the House for 1 marks.) minute and to revise and extend his re- Mr. HOEFFEL. Madam Speaker, we rado (Mr. TANCREDO), amendment No. 9 marks.) must pass the Patients’ Bill of Rights. offered by the gentleman from Texas Mr. KINGSTON. Madam Speaker, it Our system of HMOs has run amok. (Mr. PAUL), and a further amendment is politics as usual when it comes to As evidence, I offer a survey of doc- offered by the gentleman from Texas spending our money, the money of the tors conducted by one of the news- (Mr. PAUL). people of America. papers in my district, the Reporter, in The Chair will reduce to 5 minutes The Republican approach is three- Lansdale, Pennsylvania. Most of the the time for any electronic vote after fold. Number one, the Republican party doctors responding were not against the first vote in this series. wants to preserve 100 percent of the so- the original idea of HMOs, they have AMENDMENT OFFERED BY MR. TANCREDO cial security surplus as compared to 62 just said the rules have gone haywire. The CHAIRMAN. The unfinished percent that the President wants to Eighty-seven percent of the doctors business is the demand for a recorded protect. responding have had conflicts with vote on the amendment offered by the H6854 CONGRESSIONAL RECORD — HOUSE August 3, 1999 gentleman from Colorado (Mr. Largent Peterson (MN) Shimkus Scott Stupak Vento Latham Petri Shows Serrano Sununu Visclosky ANCREDO T ) on which further pro- Lewis (KY) Phelps Shuster Shaw Sweeney Walden ceedings were postponed and on which Linder Pitts Souder Shays Tanner Walsh the ayes prevailed by voice vote. Lipinski Pombo Spence Sherman Tauscher Waters The Clerk will redesignate the LoBiondo Portman Stearns Simpson Tauzin Watt (NC) Lucas (KY) Quinn Stump Sisisky Thomas Waxman amendment. Lucas (OK) Radanovich Talent Skeen Thompson (CA) Weiner The text of the amendment is as fol- Manzullo Rahall Tancredo Skelton Thornberry Weldon (PA) lows: McCollum Reynolds Taylor (MS) Slaughter Thurman Wexler McCrery Riley Taylor (NC) Smith (MI) Tierney Weygand Amendment offered by Mr. TANCREDO: McInnis Rogan Terry Smith (TX) Toomey Wilson Page 116, after line 5, insert the following: McIntosh Rogers Thune Smith (WA) Towns Wise SEC. . None of the funds appropriated or Metcalf Ryan (WI) Tiahrt Snyder Traficant Woolsey otherwise made available by this Act may be Mica Ryun (KS) Vitter Spratt Turner Wu provided for the United Nations Man and the Miller, Gary Salmon Wamp Stabenow Udall (CO) Wynn Biosphere (MAB) Program or the United Na- Moran (KS) Sanford Watkins Stark Udall (NM) Young (FL) Myrick Saxton Watts (OK) Stenholm Upton tions World Heritage Fund. Ney Scarborough Weldon (FL) Strickland Velazquez Weller Mr. GEORGE MILLER of California. Norwood Schaffer NOT VOTING—16 Mr. Chairman, I ask unanimous con- Nussle Sensenbrenner Whitfield Packard Sessions Wicker Bilbray McDermott Smith (NJ) sent to withdraw my request for a re- Paul Shadegg Cunningham Mollohan Thompson (MS) corded vote. Pease Sherwood Frank (MA) Owens Wolf The CHAIRMAN. Is there objection Hinchey Peterson (PA) Young (AK) NOES—272 Johnson (CT) Pickering to the request of the gentleman from Lantos Pryce (OH) California? Abercrombie Etheridge Lewis (GA) Ackerman Evans Lofgren b 1056 There was no objection. Allen Ewing Lowey So the amendment was agreed to. Andrews Farr Luther Messrs. PASCRELL, SMITH of Wash- AMENDMENT NO. 9 OFFERED BY MR. PAUL Baird Fattah Maloney (CT) ington, CUMMINGS, PORTER, ACK- Baldacci Filner Maloney (NY) The CHAIRMAN. The unfinished ERMAN, BARCIA, LAFALCE, STU- Baldwin Foley Markey PAK, SKELTON, KUCINICH, and Ms. business is the demand for a recorded Ballenger Ford Martinez vote on amendment No. 9 offered by Barcia Fowler Mascara SLAUGHTER changed their vote from the gentleman from Texas (Mr. Paul) Barrett (WI) Franks (NJ) Matsui ‘‘aye’’ to ‘‘no.’’ Bass Frelinghuysen McCarthy (MO) Messrs. COMBEST, REYNOLDS, on which further proceedings were Bateman Frost McCarthy (NY) MCCOLLUM, CHAMBLISS, DOO- postponed and on which the noes pre- Becerra Gallegly McGovern LITTLE, ARCHER, EVERETT, CAL- vailed by voice vote. Bentsen Ganske McHugh Bereuter Gejdenson McIntyre VERT, GOODLING, LIPINSKI, HYDE, The Clerk will redesignate the Berkley Gekas McKeon TERRY, ROGAN, BARRETT of Ne- amendment. Berman Gephardt McKinney braska, METCALF, SAM JOHNSON of The text of the amendment is as fol- Berry Gibbons McNulty Biggert Gilchrest Meehan Texas, SHERWOOD, COSTELLO, lows: Bishop Gillmor Meek (FL) PHELPS, Mrs. BONO, and Mrs. CUBIN Amendment No. 9 offered by Mr. PAUL: Blagojevich Gilman Meeks (NY) changed their vote from ‘‘no’’ to ‘‘aye.’’ At the end of the bill, insert after the last Blumenauer Gonzalez Menendez Boehlert Gordon Millender- So the amendment was rejected. section (preceding the short title) the fol- The result of the vote was announced lowing: Bonior Goss McDonald Borski Granger Miller (FL) as above recorded. LIMITATION ON FUNDS FOR ABORTION, FAMILY Boswell Green (TX) Miller, George Stated for: PLANNING, OR POPULATION CONTROL EFFORTS Boucher Greenwood Minge Mrs. NORTHUP. Mr. Chairman, on rollcall Boyd Gutierrez Mink SEC. . None of the funds appropriated or Brady (PA) Hall (OH) Moakley No. 360, I inadvertantly voted incorrectly. I in- otherwise made available by this Act may be Brady (TX) Hastings (FL) Moore tended to vote ``aye.'' made available for— Brown (FL) Hill (IN) Moran (VA) ANNOUNCEMENT BY THE CHAIRMAN (1) population control or population plan- Brown (OH) Hilliard Morella The CHAIRMAN. Pursuant to House ning programs; Callahan Hinojosa Murtha (2) family planning activities; or Campbell Hobson Nadler Resolution 263, the Chair announces (3) abortion procedures. Capps Hoeffel Napolitano that he will reduce to a minimum of 5 Capuano Holden Neal minutes the period of time within RECORDED VOTE Cardin Holt Nethercutt which a vote by electronic device will The CHAIRMAN. A recorded vote has Carson Hooley Northup be taken on the additional amendment been demanded. Castle Horn Oberstar Clay Houghton Obey on which the Chair has postponed fur- A recorded vote was ordered. Clayton Hoyer Olver ther proceedings. The vote was taken by electronic de- Clement Hulshof Ortiz AMENDMENT OFFERED BY MR. PAUL vice, and there were—ayes 145, noes 272, Clyburn Inslee Ose Condit Isakson Oxley The CHAIRMAN. The unfinished not voting 16, as follows: Conyers Jackson (IL) Pallone business is the demand for a recorded [Roll No. 360] Cooksey Jackson-Lee Pascrell Cox (TX) Pastor vote on the amendment offered by the AYES—145 Coyne Jefferson Payne gentleman from Texas (Mr. PAUL) on Aderholt Chenoweth Graham Cramer John Pelosi which further proceedings were post- Archer Coble Green (WI) Crowley Johnson, E. B. Pickett poned and on which the noes prevailed Armey Coburn Gutknecht Cummings Jones (OH) Pomeroy Bachus Collins Hall (TX) Davis (FL) Kanjorski Porter by voice vote. Baker Combest Hansen Davis (IL) Kaptur Price (NC) The Clerk will redesignate the Barr Cook Hastings (WA) Davis (VA) Kelly Ramstad amendment. Barrett (NE) Costello Hayes DeFazio Kennedy Rangel The text of the amendment is as fol- Bartlett Crane Hayworth DeGette Kildee Regula Barton Cubin Hefley Delahunt Kilpatrick Reyes lows: Bilirakis Danner Herger DeLauro Kind (WI) Rivers Amendment offered by Mr. PAUL: Bliley Deal Hill (MT) Deutsch Kleczka Rodriguez Page 116, after line 5, insert the following: Blunt DeLay Hilleary Diaz-Balart Klink Roemer LIMITATION ON FUNDS FOR EXPORT-IMPORT Boehner DeMint Hoekstra Dicks Knollenberg Rohrabacher BANK OF THE UNITED STATES, OVERSEAS PRI- Bonilla Dickey Hostettler Dingell Kolbe Ros-Lehtinen VATE INVESTMENT CORPORATION, AND THE Bono Doolittle Hunter Dixon Kucinich Rothman Bryant Duncan Hutchinson Doggett Kuykendall Roukema TRADE AND DEVELOPMENT AGENCY Burr Emerson Hyde Dooley LaFalce Roybal-Allard SEC. . None of the funds made available Burton English Istook Doyle Lampson Royce pursuant to this At for the Export-Import Buyer Everett Jenkins Dreier Larson Rush Bank of the United States, the Overseas Pri- Calvert Fletcher Johnson, Sam Dunn LaTourette Sabo vate Investment Corporation, or the Trade Camp Forbes Jones (NC) Edwards Lazio Sanchez Canady Fossella Kasich Ehlers Leach Sanders and Development Agency, may be used to Cannon Goode King (NY) Ehrlich Lee Sandlin enter into any new obligation, guarantee, or Chabot Goodlatte Kingston Engel Levin Sawyer agreement on or after the date of the enact- Chambliss Goodling LaHood Eshoo Lewis (CA) Schakowsky ment of this Act. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6855 RECORDED VOTE Latham Olver Smith (TX) cient to make the investments that our LaTourette Ortiz Smith (WA) The CHAIRMAN. A recorded vote has Lazio Ose Snyder citizens need and expect in imple- been demanded. Leach Oxley Souder menting our foreign policy. With that A recorded vote was ordered. Lee Packard Spence thought in mind, I say to Members, it Levin Pallone Spratt is a free vote, I will be voting ‘‘yes,’’ The CHAIRMAN. This will be a 5- Lewis (CA) Pascrell Stabenow minute vote. Lewis (GA) Pastor Stark but we may be calling upon you at a fu- The vote was taken by electronic de- Lewis (KY) Payne Stearns ture date to sustain a presidential Lipinski Pelosi Stenholm veto. vice, and there were—ayes 58, noes 360, LoBiondo Peterson (MN) Strickland not voting 15, as follows: Lofgren Petri Stump Mr. Chairman, I want to commend the distinguished chairman of the com- [Roll No. 361] Lowey Phelps Sununu Lucas (KY) Pickett Sweeney mittee. He had too little money to AYES—58 Lucas (OK) Pitts Talent work with, but he allocated it well. I Luther Pomeroy Tanner Armey Hayworth Radanovich Maloney (CT) Porter Tauscher also commend staff: Mark Murray and Barr Hefley Rogan Maloney (NY) Portman Tauzin Bartlett Hilleary Rohrabacher Carolyn Bartholamew on the Demo- Manzullo Price (NC) Taylor (MS) Bono Hoekstra Royce cratic side; and Charlie Flickner, John Markey Quinn Taylor (NC) Burton Hostettler Ryun (KS) Martinez Rahall Thomas Shank, Chris Walker, Lori Maes and Campbell Hunter Sanders Mascara Ramstad Thompson (CA) Nancy Tippins on the Republican side. Cannon Istook Sanford Matsui Rangel Thornberry Chabot Jones (NC) Scarborough Mr. GILMAN. Mr. Chairman, will the McCarthy (MO) Regula Thurman Chenoweth Kasich Schaffer McCarthy (NY) Reyes Tiahrt gentlewoman yield? Coble Kingston Sessions McCollum Reynolds Tierney Ms. PELOSI. I yield to the gentleman Coburn Linder Shadegg McCrery Riley Toomey Collins McInnis Smith (MI) from New York, chairman of the au- McGovern Rivers Towns Condit McIntosh Stupak McHugh Rodriguez Traficant thorizing committee. Cox McIntyre Tancredo McKeon Roemer Turner Mr. GILMAN. I thank the gentle- DeFazio McKinney Terry McNulty Rogers Udall (CO) DeMint Miller (FL) Thune woman for yielding. Meehan Ros-Lehtinen Udall (NM) Doolittle Myrick Visclosky Meek (FL) Rothman Upton Mr. Chairman, I rise to commend Duncan Paul Wamp Meeks (NY) Roukema Velazquez both the gentlewoman and the distin- Goode Pease Menendez Roybal-Allard Vento Hayes Pombo guished chairman of the Subcommittee Metcalf Rush Vitter on Foreign Operations, Export Financ- NOES—360 Mica Ryan (WI) Walden Millender- Sabo Walsh ing and Related Programs for an out- Abercrombie Cook Gonzalez McDonald Salmon Waters standing bill and for their hard work Ackerman Cooksey Goodlatte Miller, Gary Sanchez Watkins and to their staffs for bringing this to Aderholt Costello Goodling Miller, George Sandlin Watt (NC) Allen Coyne Gordon Minge Sawyer Watts (OK) the floor in a very expeditious manner. Andrews Cramer Goss Mink Saxton Waxman They worked long and late last night Archer Crane Graham Moakley Schakowsky Weiner to wind up this measure. I urge our col- Bachus Crowley Granger Moore Scott Weldon (FL) leagues to fully support this measure. Baird Cubin Green (TX) Moran (KS) Sensenbrenner Weldon (PA) Baker Cummings Green (WI) Moran (VA) Shaw Weller Ms. PELOSI. Reclaiming my time, Baldacci Cunningham Greenwood Morella Shays Wexler Mr. Chairman, many people who follow Baldwin Danner Gutierrez Murtha Sherman Weygand this bill have heard me say this over Ballenger Davis (FL) Gutknecht Nadler Sherwood Whitfield Barcia Davis (IL) Hall (OH) Napolitano Shimkus Wicker and over again, but I want to make the Barrett (NE) Davis (VA) Hall (TX) Neal Shows Wilson point another time. Every person in Barrett (WI) Deal Hansen Nethercutt Shuster Wise America is familiar with President Barton DeGette Hastings (FL) Ney Simpson Wolf Bass Delahunt Hastings (WA) Northup Sisisky Woolsey Kennedy’s inaugural address when he Bateman DeLauro Herger Norwood Skeen Wu said, ‘‘My fellow Americans, ask not Becerra DeLay Hill (IN) Nussle Skelton Wynn what your country can do for you but Bentsen Deutsch Hill (MT) Oberstar Slaughter Young (FL) what you can do for your country.’’ Bereuter Diaz-Balart Hilliard Obey Smith (NJ) Berkley Dickey Hinojosa The very next line in that speech, Mr. Berman Dicks Hobson NOT VOTING—15 Chairman, says, ‘‘To the citizens of the Berry Dingell Hoeffel Bilbray Lantos Pickering Biggert Dixon Holden world, ask not what America can do for Frank (MA) McDermott Pryce (OH) you but what we can do working to- Bilirakis Doggett Holt Hinchey Mollohan Serrano Bishop Dooley Hooley Johnson (CT) Owens Thompson (MS) gether for the freedom of mankind.’’ Blagojevich Doyle Horn Klink Peterson (PA) Young (AK) That is a responsibility that we have in Bliley Dreier Houghton Blumenauer Dunn Hoyer b 1103 this bill. That is why we are dis- Blunt Edwards Hulshof appointed the funding level is so low, So the amendment was rejected. Boehlert Ehlers Hutchinson but we want to move it forward in the The result of the vote was announced Boehner Ehrlich Hyde hope that the funding level will be Bonilla Emerson Inslee as above recorded. Bonior Engel Isakson Ms. PELOSI. Mr. Chairman, I move raised so that we can work together Borski English Jackson (IL) to strike the last word. with the people of the world for the Boswell Eshoo Jackson-Lee freedom of mankind. Boucher Etheridge (TX) Mr. Chairman, I want to take a mo- Boyd Evans Jefferson ment to briefly address the final pas- The CHAIRMAN. There being no fur- Brady (PA) Everett Jenkins sage of the Foreign Operations bill. ther amendments, under the rule the Brady (TX) Ewing John Committee rises. Brown (FL) Farr Johnson, E.B. The President has issued a veto threat Brown (OH) Fattah Johnson, Sam on the bill both for its low funding Accordingly, the Committee rose; Bryant Filner Jones (OH) level and the inclusion of the objec- and the Speaker pro tempore (Mr. HAN- Burr Fletcher Kanjorski tionable Mexico City language. SEN) having assumed the chair, Mr. Buyer Foley Kaptur Callahan Forbes Kelly Members when they cast their vote THORNBERRY, Chairman of the Com- Calvert Ford Kennedy today should do so with the thought mittee of the Whole House on the State Camp Fossella Kildee that at some future date, they may be of the Union, reported that that Com- Canady Fowler Kilpatrick asked to sustain a presidential veto. At mittee, having had under consideration Capps Franks (NJ) Kind (WI) Capuano Frelinghuysen King (NY) the present time, I plan to vote ‘‘aye’’ the bill (H.R. 2606) making appropria- Cardin Frost Kleczka to move the bill along, but again advis- tions for foreign operations, export fi- Carson Gallegly Knollenberg ing Members that at a future date if nancing, and related programs for the Castle Ganske Kolbe Chambliss Gejdenson Kucinich the funding level is not increased and fiscal year ending September 30, 2000, Clay Gekas Kuykendall the objectionable language is not re- and for other purposes, pursuant to Clayton Gephardt LaFalce moved and the President vetoes the bill House Resolution 263, he reported the Clement Gibbons LaHood that we may be called upon it. bill back to the House with sundry Clyburn Gilchrest Lampson Combest Gillmor Largent The allocation of discretionary re- amendments adopted by the Com- Conyers Gilman Larson sources available in this bill is insuffi- mittee of the Whole. H6856 CONGRESSIONAL RECORD — HOUSE August 3, 1999 The SPEAKER pro tempore. Under Lipinski Pallone Smith (NJ) with an amendment in which the con- LoBiondo Pascrell Smith (TX) the rule, the previous question is or- Lofgren Pastor Smith (WA) currence of the House is requested, a dered. Lowey Payne Snyder bill of the House of the following title: Is a separate vote demanded on any Lucas (KY) Pease Souder H.R. 2587. An act making appropriations amendment? If not, the Chair will put Luther Pelosi Spence for the government of the District of Colum- Maloney (CT) Peterson (MN) Spratt bia and other activities chargeable in whole them en gros. Maloney (NY) Phelps Stabenow or in part against revenues of said District The amendments were agreed to. Manzullo Pickett Strickland Markey Pitts Stupak for the fiscal year ending September 30, 2000, The SPEAKER pro tempore. The Martinez Pomeroy Sununu and for other purposes. question is on the engrossment and Mascara Porter Sweeney The message also announced that the Matsui Portman Talent third reading of the bill. Senate insists upon its amendment to The bill was ordered to be engrossed McCarthy (MO) Price (NC) Tancredo McCarthy (NY) Quinn Tauscher the bill (H.R. 2587) ‘‘An Act making ap- and read a third time, and was read the McCollum Ramstad Tauzin propriations for the government of the third time. McCrery Rangel Taylor (NC) District of Columbia and other activi- The SPEAKER pro tempore. The McGovern Regula Terry McHugh Reyes Thomas ties chargeable in whole or in part question is on the passage of the bill. McIntosh Reynolds Thompson (CA) against the revenues of said District Pursuant to clause 10 of rule XX, the McIntyre Riley Thornberry for the fiscal year ending September 30, yeas and nays are ordered. McKeon Rivers Thune McKinney Rodriguez Thurman 2000, and for other purposes,’’ requests The vote was taken by electronic de- McNulty Rogan Tiahrt a conference with the House on the dis- vice, and there were—yeas 385, nays 35, Meehan Ros-Lehtinen Tierney agreeing votes of the two Houses there- Meek (FL) Rothman Toomey not voting 14, as follows: UTCHISON Meeks (NY) Roukema Towns on, and appoints Mrs. H , Mr. [Roll No. 362] Menendez Roybal-Allard Turner KYL, Mr. STEVENS, Mr. DURBIN, and Mr. YEAS—385 Metcalf Royce Udall (CO) INOUYE, to be the conferees on the part Mica Rush Udall (NM) of the Senate. Abercrombie Costello Greenwood Millender- Ryan (WI) Upton Ackerman Cox Gutierrez McDonald Ryun (KS) Velazquez The message also announced that the Aderholt Coyne Gutknecht Miller (FL) Sabo Vento Senate had passed a bill of the fol- Allen Cramer Hall (OH) Miller, Gary Salmon Visclosky lowing title, in which the concurrence Andrews Crane Hastert Miller, George Sanchez Vitter of the House is requested: Archer Crowley Hastings (FL) Minge Sanders Walden Armey Cubin Hastings (WA) Mink Sandlin Walsh S. 335. An act to amend chapter 30 of title Bachus Cummings Hayes Moakley Sawyer Wamp 39, United States Code, to provide for the Baird Cunningham Hayworth Moore Saxton Waters nonmailability of certain deceptive matter Baker Danner Hill (IN) Moran (KS) Scarborough Watkins relating to sweepstakes, skill contests, fac- Baldacci Davis (FL) Hill (MT) Moran (VA) Schaffer Watt (NC) Baldwin Davis (IL) Hilleary simile checks, administrative procedures, or- Morella Schakowsky Watts (OK) ders, and civil penalties relating to such Ballenger Davis (VA) Hilliard Murtha Scott Waxman Barcia Deal Hinchey Myrick Serrano Weiner matter, and for other purposes. Barrett (NE) DeFazio Hinojosa Nadler Sessions Weldon (FL) The message also announced that the Barrett (WI) DeGette Hobson Napolitano Shadegg Weldon (PA) Senate agrees to the amendment of the Bartlett Delahunt Hoeffel Neal Shaw Weller Barton DeLauro Hoekstra Nethercutt Shays Wexler House to the bill (S. 880) ‘‘An Act to Bass DeLay Holden Ney Sherman Weygand amend the Clean Air Act to remove Bateman DeMint Holt Northup Sherwood Whitfield flammable fuels from the list of sub- Becerra Deutsch Hooley Norwood Shimkus Wicker Bentsen Diaz-Balart Horn Nussle Shows Wilson stances with respect to which reporting Bereuter Dickey Hostettler Oberstar Shuster Wise and other activities are required under Berkley Dicks Houghton Obey Simpson Wolf the risk management plan program.’’ Berman Dingell Hoyer Olver Sisisky Woolsey f Berry Dixon Hulshof Ortiz Skeen Wu Biggert Doggett Hunter Ose Skelton Wynn b 1130 Bilirakis Dooley Hutchinson Oxley Slaughter Young (AK) Bishop Doyle Hyde Packard Smith (MI) Young (FL) TWENTY-FIRST AMENDMENT Blagojevich Dreier Inslee Bliley Dunn Isakson NAYS—35 ENFORCEMENT ACT Blumenauer Edwards Istook Barr Hefley Rogers Mr. GOSS. Mr. Speaker, by direction Blunt Ehlers Jackson (IL) Chabot Herger Rohrabacher Boehlert Ehrlich Jackson-Lee of the Committee on Rules, I call up Chenoweth Jones (NC) Sanford House Resolution 272 and ask for its Boehner Emerson (TX) Coburn LaFalce Sensenbrenner Bonilla Engel Jefferson Combest Largent Stark immediate consideration. Bonior English Jenkins Condit Lucas (OK) Stearns The Clerk read the resolution, as fol- Bono Eshoo John Doolittle McInnis Stenholm lows: Borski Etheridge Johnson, E.B. Duncan Paul Stump Boswell Evans Johnson, Sam Goode Petri Tanner H. RES. 272 Boucher Everett Jones (OH) Goodling Pombo Taylor (MS) Resolved, That at any time after the adop- Boyd Ewing Kanjorski Hall (TX) Rahall Traficant tion of this resolution the Speaker may, pur- Brady (PA) Farr Kaptur Hansen Roemer Brady (TX) Fattah Kasich suant to clause 2(b) of rule XVIII, declare the Brown (FL) Filner Kelly NOT VOTING—14 House resolved into the Committee of the Brown (OH) Fletcher Kennedy Whole House on the state of the Union for Bilbray Lantos Pickering Bryant Foley Kildee Buyer McDermott Pryce (OH) consideration of the bill (H.R. 2031) to pro- Burr Forbes Kilpatrick Frank (MA) Mollohan Radanovich vide for injunctive relief in Federal district Burton Ford Kind (WI) Gilchrest Owens Thompson (MS) court to enforce State laws relating to the Callahan Fossella King (NY) Johnson (CT) Peterson (PA) Calvert Fowler Kingston interstate transportation of intoxicating liquor. The first reading of the bill shall be dis- Camp Franks (NJ) Kleczka b Campbell Frelinghuysen Klink 1128 pensed with. General debate shall be con- Canady Frost Knollenberg Mr. BLAGOJEVICH changed his vote fined to the bill and shall not exceed one Cannon Gallegly Kolbe hour equally divided and controlled by the Capps Ganske Kucinich from ‘‘nay’’ to ‘‘yea.’’ So the bill was passed. chairman and ranking minority member of Capuano Gejdenson Kuykendall the Committee on the Judiciary. After gen- Cardin Gekas LaHood The result of the vote was announced eral debate the bill shall be considered for Carson Gephardt Lampson as above recorded. Castle Gibbons Larson amendment under the five-minute rule for a Chambliss Gillmor Latham A motion to reconsider was laid on period not to exceed two hours. It shall be in Clay Gilman LaTourette the table. order to consider as an original bill for the Clayton Gonzalez Lazio f purpose of amendment under the five-minute Clement Goodlatte Leach rule the amendment in the nature of a sub- Clyburn Gordon Lee stitute recommended by the Committee on Coble Goss Levin MESSAGE FROM THE SENATE the Judiciary now printed in the bill. The Collins Graham Lewis (CA) A message from the Senate by Mr. Conyers Granger Lewis (GA) committee amendment in the nature of a Cook Green (TX) Lewis (KY) Lundregan, one of its clerks, an- substitute shall be considered as read. Dur- Cooksey Green (WI) Linder nounced that the Senate had passed ing consideration of the bill for amendment, August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6857 the Chairman of the Committee of the Whole difficult question to resolve. However, This is a good bill, and I urge my col- may accord priority in recognition on the it is encouraging to see the major play- leagues to support it. basis of whether the Member offering an ers, the beer and wine distributors, as Mr. Speaker, I have no further re- amendment has caused it to be printed in the well as the vintners, the growers, fully quests for time, and I yield back the portion of the Congressional Record designated for that purpose in clause 8 of rule engaged in the deliberative process. balance of my time. XVIII. Amendments so printed shall be con- Mr. Speaker, while the underlying Mr. GOSS. Mr. Speaker, I yield my- sidered as read. The Chairman of the Com- legislation may engender some debate, self such time as I may consume. mittee of the Whole may: (1) postpone until this rule should receive unanimous Mr. Speaker, we have no requests for a time during further consideration in the support. It is certainly an open and fair time, and I do not anticipate any. Committee of the Whole a request for a re- rule. Again, the purpose of this hour of de- corded vote on any amendment; and (2) re- Mr. Speaker, I reserve the balance of bate is to discuss the rule, which is an duce to five minutes the minimum time for my time. open and fair rule. I would prefer that electronic voting on any postponed question Mr. MOAKLEY. Mr. Speaker, I yield that follows another electronic vote without we not engage in the debate on the sub- intervening business, provided that the min- myself such time as I may consume. stance of the bill until we get to the imum time for electronic voting on the first Mr. Speaker, I thank my dear friend, time carefully set aside. I have not en- in any series of questions shall be 15 min- the gentleman from Florida (Mr. couraged any speakers to come for- utes. At the conclusion of consideration of GOSS), for yielding me the customary ward. the bill for amendment the Committee shall half-hour. Mr. Speaker, I have no further re- rise and report the bill to the House with Mr. Speaker, as most people know, quests for time, I yield back the bal- such amendments as may have been adopted. the Twenty-First Amendment to the ance of my time, and I move the pre- Any Member may demand a separate vote in Constitution ended prohibition. It also vious questions on the resolution. the House on any amendment adopted in the bestowed upon the States the author- Committee of the Whole to the bill or to the The previous question was ordered. committee amendment in the nature of a ity to write their own liquor laws. The The resolution was agreed to. substitute. The previous question shall be problem, Mr. Speaker, is there is no A motion to reconsider was laid on considered as ordered on the bill and amend- interstate enforcement mechanism. the table. ments thereto to final passage without inter- The way the law is written, States The SPEAKER pro tempore (Mr. vening motion except one motion to recom- have virtually no way to enforce the GOSS). Pursuant to House Resolution mit with or without instructions. liquor laws when they are violated by 272 and rule XVIII, the Chair declares The SPEAKER pro tempore (Mr. distributors in other States, especially the House in the Committee of the HANSEN). The gentleman from Florida now that there are so many ways to Whole House on the State of the Union (Mr. GOSS) is recognized for one hour. buy alcohol. for the consideration of the bill, H.R. Mr. GOSS. Mr. Speaker, for the pur- People can call a 1–800 number, they 2031. pose of debate only, I yield the cus- can order over the Internet, they can b 1139 tomary 30 minutes to the distinguished do all sorts of things to buy alcohol, gentleman from the Commonwealth of and with the limited judicial options IN THE COMMITTEE OF THE WHOLE Massachusetts (Mr. MOAKLEY), my available to them now, State attorneys Accordingly, the House resolved friend and colleague, pending which I general are having a very hard time itself into the Committee of the Whole yield myself such time as I may con- making sure that people abide by the House on the State of the Union for the sume. During consideration of this res- law. consideration of the bill (H.R. 2031) to olution, all time yielded is for the pur- This bill will give the State attor- provide for injunctive relief in Federal poses of debate only. neys general another option. If they be- district court to enforce State laws re- Mr. Speaker, this is a fair rule. It lieve someone is in violation of their lating to the interstate transportation provides for adequate and appropriate State’s liquor laws, this bill will enable of intoxicating liquor, with Mr. HANSEN consideration of H.R. 2031, the Twenty- them to file suit in Federal Court to in the chair. First Amendment Enforcement Act. It get them to stop. It says you cannot The Clerk read the title of the bill. is a modified open rule that will ac- ship alcohol into a State in violation of The CHAIRMAN. Pursuant to the commodate Member interests in the that State’s liquor laws. It is that sim- rule, the bill is considered as having amendment process while keeping us ple. been read the first time. on track to meet our Friday deadline It is not a new Federal law, it is not Under the rule, the gentleman from for August recess, a deadline that a new State law, it is not a threat to Florida (Mr. SCARBOROUGH) and the many Members, including the minority anyone who sells alcohol legally. It is gentleman from Massachusetts (Mr. leader, have urged the Speaker, in just a way for State attorneys general DELAHUNT) each will control 30 min- writing, to keep. to get people who sell alcohol illegally utes. While the lack of time may argue for to stop. The Chair recognizes the gentleman a more closed structure, the Com- Mr. Speaker, in my home State of from Florida (Mr. SCARBOROUGH). mittee on Rules has erred on the side Massachusetts, Massachusetts is con- Mr. SCARBOROUGH. Mr. Chairman, of openness and provided an open rule sidered a limited personal importation I yield myself such time as I may con- with a 2-hour limit on amendments. Of State. We allow Massachusetts resi- sume. course, the rule also provides for a mo- dents to buy alcohol from outside of Mr. Chairman, I would like to begin tion to recommit, with or without in- Massachusetts but only for their own my testimony by reading Section 2 of structions. consumption and only in limited quan- the Twenty-First Amendment to the Introduced by my colleague, the gen- tities. Constitution: ‘‘The transportation or tleman from Florida (Mr. SCAR- The Commonwealth of Massachusetts importation into any State, Territory BOROUGH), H.R. 2031 was reported favor- determined how alcohol could cross its or possession of the United States for ably by the Committee on the Judici- borders. If a liquor distributor outside delivery or use therein of intoxicating ary on July 20 by voice vote. I under- of Massachusetts breaks that law, our liquors, in violation of the laws there- stand that while hearings were not attorney general should be able to get of, is hereby prohibited.’’ held in this Congress, the Sub- them to stop. Mr. Chairman, the Twenty-First committee on Courts and Intellectual This bill will help stop the illegal Amendment’s import is clear. States Property did convene hearings in the interstate shipments of alcohol by giv- have been given the right to stop inter- 105th Congress on nearly an identical ing State attorneys general the power state bootlegging. This right was re- bill. to enforce State laws. In particular, affirmed by Congress in the Webb- I would like to commend the gen- Mr. Speaker, it takes us a step closer Kenyon Act 65 years ago, by 6 decades tleman from Florida (Mr. SCAR- to stopping the sale of alcohol to mi- of Supreme Court case law, and by sub- BOROUGH) for his continued efforts on nors over the Internet. But I still be- sequent Congressional acts. Yet, today, behalf of American children, particu- lieve we can do more to stop underage some modern-day bootleggers still seek larly when it comes to the tricky busi- drinking, especially underage drinking refuge from the Twenty-First Amend- ness of alcohol access. It is clearly a and driving. ment. H6858 CONGRESSIONAL RECORD — HOUSE August 3, 1999 They seek to avoid State laws and Some people do not like that. They court to stop someone from outside the constitutional amendments so they can say it will destroy some wineries in State from violating its liquor laws. It sell their liquor more profitably than California. We are going to have a lot is nothing more, it is nothing less. It in small businesses who dare to play by of people from California talking today no way changes substantive law at the the rules. Bootleggers sell liquors to on the floor, talking about how small State or Federal level. minors over the Internet, again avoid- wineries are going to be destroyed. The bill is necessary not only to pre- ing State laws given preeminence by Let me tell the Members something, vent illegal shipments to minors, but the Twenty-First Amendment. small wineries will only be destroyed if to enable States to police licensing Shamed by the countless media sto- small wineries’ existence depends on standards, track sales, and collect ries detailing how young children are the illegal sale of alcohol to minors taxes on those sales. buying liquor from these modern-day and adults. Last year, illegal alcohol shipments bootleggers over the Internet, they What needs to be understood is that cost States some $600 million in lost have shrugged off such media stories, this narrowly focused bill assures revenues. State taxes on alcohol are an calling them nothing more than stings States that they have a course of ac- important source of support for State by their economic enemies. But the tion against bootleggers. They need to programs, and protecting that funding only sting here comes from the harsh enforce their own alcohol laws to con- stream is a legitimate State objective. reality that too many young children trol out-of-State companies, many of Some who are opposed to this legisla- can buy alcohol over the Internet. whom have shown no interest in pre- tion argue that it would impede the de- Selling liquor to minors, or anyone, venting the sales of alcohol to minors. velopment of electronic commerce by illegally, is simply wrong. It is boot- It would make clear that States have taxing the Internet, or chilling direct legging, and bootlegging is not pro- the right once again, under Webb- sales of wine and spirits over the Inter- tected by the commerce clause. Boot- Kenyon that was passed 60 years ago, net. Well, whatever the merits of legging is not cleansed by full page ads under the 21st amendment that was chilled wine are, Mr. Chairman, there or media campaigns or by hiring public passed 56 years ago, under existing Su- is no merit whatsoever to these argu- relations firms. You can dress it stylis- preme Court case law that has been ments. tically, but, in the end, just like ruled on over the past six decades, it As my friend, the gentleman from Fitzgerald’s Jay Gatsby, a bootlegger will simply allow them to enforce these Florida, pointed out, lawful sales of al- is a bootlegger. laws in the Constitution, and to use cohol over the Internet are thriving. Mr. Speaker, our bill allows States Federal courts to enforce their laws Such online enterprises as simply to protect themselves from ille- against individuals, against modern- wineshopper.com, sendwine.com, and gal alcohol sales. It also allows States day bootleggers who are illegally ship- virtualvineyard.com, generated hun- to protect children, like my 11- and 8- ping alcohol products into States from dreds of millions of dollars in lawful year-old boys, from interstate boot- other jurisdictions. online sales last year alone. leggers over the Internet, and it allows These direct shipments bypass a key Just last month, Geerlings & Wade of States to enforce the laws that they part of the States’ control method, the Massachusetts, which has endorsed this passed because of direction given them face-to-face transaction, in order to bill and is the Nation’s largest direct by the Twenty-First Amendment. sell their products at the highest pos- marketer of wines, announced another With that in mind, this bill allows new website called winebins.com, State attorneys general to seek injunc- sible profit margin. This new black market in alcohol is which will sell thousands of labels in tive relief in Federal court to stop ille- dangerous. It is dangerous because, if the 27 States in which the company is gal direct shipments of alcohol into left unchecked, it will ultimately frus- operating, is licensed to operate. No their respective States. Nothing more, doubt it will continue to add new la- nothing less. This bill only affects trate the ability of States to regulate bels. those people who break liquor laws. and control the shipment of alcoholic Now, you will have people coming up products, a responsibility mandated Let us be clear, the bill would impose here today, saying some of these laws under the 21st amendment to the Con- no new taxes on any of these electronic are not fair and saying some of these stitution. It will also cut off their regu- transactions, nor would it make them laws do not allow wineries to sell to lation, it will cut off any fees they col- illegal. The State laws we seek to de- this State or that State. lect, it will cut off tax revenue that fend were put into place to regulate al- The bottom line is if you do not States depend on to regulate alcohol cohol sales after the failure of Prohibi- break the law, then this bill will not inside their own border. That is the tion. In effect, they were the instru- apply to you. If you play by the rules, way we have set this up. That is the ment by which an illegal enterprise, you have nothing to worry about. Yet way we have set it up. bootlegging, was turned into a lawful we are going to have red herrings piled Mr. Speaker, it is very important and regulated activity. high on this floor today, like we had in today to ask those coming to the floor Some will argue that now these laws the Committee on the Judiciary. Oppo- and opposing this bill, to ask the sim- are an anachronism. Well, maybe they nents will distract. They will talk ple question: How does the bill affect are correct. Maybe there is a better about fairness. They will talk about people that play by the rules, that way for States to protect minors, track the commerce clause. They will talk abide by the law, and that understand sales, ensure quality control, and to about the Internet, trying to claim the Constitution and the constitu- raise taxes. But that is an argument that this bill will destroy E-commerce tional amendments? better addressed by State legislatures, in the 21st Century. I think if we ask those direct ques- which have the power to rewrite those And get, the only E-commerce this tions, we will understand that this is laws. Until they do so, they have a will destroy in the 21st Century is ille- something that needs to be passed to right to expect that the laws on the gal E-commerce. You can make the stop illegal interstate bootlegging, and books will be enforced. same arguments if you want to import to protect not only minors but to pro- That is really what the legislation is pot from Amsterdam and say nobody tect everybody from the scourge of ille- all about. If we permit States to pass can stop me from importing pot from gal alcohol shipping across State lines. laws but deny them a remedy when Amsterdam, because doing so will com- Mr. Chairman, I reserve the balance those laws are broken, we encourage promise the future of E-commerce. of my time. disrespect for the law. It is really that Mr. DELAHUNT. Mr. Chairman, I simple. That is why attorneys general b 1145 yield myself such time as I may con- from across the country support this That is laughable. If someone im- sume. legislation. ports wine or alcohol legally, our bill is Mr. Chairman, I rise in support of the I include for the RECORD, Mr. Chair- inapplicable. If they do it illegally, bill. As my friend, the gentleman from man, letters of support from the chief then all this does is allow States Attor- Florida (Mr. SCARBOROUGH) indicated, law enforcement officers of Alabama, neys General to bring the person to this bill is very simple, Mr. Chairman. Alaska, Arkansas, Colorado, Georgia, court, to get injunctive relief to stop It does nothing more than to confer Illinois, Indiana, Iowa, Kansas, Michi- illegal shipments. upon a State the right to go to Federal gan, Montana, Nebraska, Nevada, New August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6859 Hampshire, North Carolina, North Da- TOM MILLER, Rehabilitation Act passed in the U.S. Senate kota, Oregon, Utah, Virginia, West Vir- Attorney General of recently, and the U.S. House of Representa- ginia, Wyoming, and my own Common- Iowa. tives plans to vote on similar legislation wealth of Massachusetts. CARLA J. STOVALL, next week. The legislation contains an The letters referred to are as follows: Attorney General of amendment to help stop the illegal shipment Kansas. of alcohol to minors and other violations of COMMONWEALTH OF VIRGINIA, JENNIFER GRANHOLM, state alcohol laws. OFFICE OF THE ATTORNEY GENERAL, Attorney General of The amendment was first introduced last Richmond, VA, July 29, 1999. Michigan. March as S. 577 by Senator Orrin Hatch (R– Hon. LEE TERRY, JOSEPH P. MAZUREK, UT) in response to dozens of television sta- House of Representatives, Attorney General of tion investigative reports showing how teen- Washington, DC. agers can have alcohol sent directly to them DEAR MR. TERRY: As the chief law enforce- Montana. ment officers of our respective states, we are DON STENBERG, by ordering it through the mail, over the pleased that on July 20 the Judiciary Com- Attorney General of Internet, through toll-free phone services, mittee voted overwhelmingly in favor H.R. Nebraska. and by other means. The amendment was of- 2031, the 21st Amendment Enforcement Act, FRANKIE SUE DEL PAPA, fered to the juvenile justice bill by Senator and understand that the House is expected to Attorney General of Robert C. Byrd (D–WV) and passed by an vote on this important legislation soon. Nevada. overwhelming 80–17 bipartisan vote. We are very concerned by media reports PHILIP T. MCLAUGHLIN, The amendment gives state attorneys gen- that opponents of this common sense, law Attorney General of eral access to federal courts to seek injunc- and order legislation are raising superfluous New Hampshire. tive relief against those who are violating issues and misrepresenting the facts in an ef- MICHAEL F. EASLEY, our state laws and shipping alcohol directly fort to defeat it, and would like to under- Attorney General of to minors. States have difficulty detecting score the following points: North Carolina. these illegal shipments, which also evade our This is not anti-Internet legislation. There HEIDI HEIKAMP, state tax systems. Because of jurisdictional is no language or intent in the bill that Attorney General of issues, prosecuting violators is a very uncer- could even be remotely construed to impede North Dakota. tain process in state courts. Access to fed- lawful Internet commerce in wine or any HARDY MYERS, eral courts is needed to handle these cases other consumer product. This bill does not Attorney General of expeditiously and in a manner consistent even mention online sales. H.R. 2031 merely Oregon. with the alcohol laws and regulations in Vir- seeks to stop illegal alcohol distribution, re- JAN GRAHAM, ginia and other states. gardless of how the order was placed—by Attorney General of This amendment would not restrict legiti- computer, toll-free number, or by mail. Utah. mate commerce in alcohol or any other prod- We strongly support online commerce for DARRELL V. MCGRAW, JR., uct, or impose a burden on any manufac- all legal products and want to encourage its Attorney General of turer, wholesaler or retailer of alcohol bev- growth to improve consumer choice and con- West Virginia. erages that is operating lawfully. As things venience. This goal is actually harmed, how- GAY WOODHOUSE, now stand, those companies that are doing ever, by those who distribute their products Attorney General of business in a manner that respects the law illegally. H.R. 2031 would not impose a bur- Wyoming. are at a competitive disadvantage to those den on any manufacturer, wholesaler or re- who are engaged in illegal tactics. tailer of alcohol beverages that is operating STATE OF MICHIGAN, This amendment is not an attempt to lawfully. In fact, it would still be possible to DEPARTMENT OF ATTORNEY GENERAL, change or revise any alcohol law; rather, it purchase alcohol over the Internet and have Detroit, MI, July 2, 1999. would simply give attorneys general the it shipped to a licensed distributor, where it Hon. JOHN CONYERS, ability to enforce their state laws, whatever could then be obtained. House of Representatives, Longworth House those laws may be. If an individual or entity This is a states’ rights issue. The 21st O.B., Washington, DC. can flout our states’ alcohol laws without Amendment recognizes the right of each DEAR CONGRESSMAN CONYERS: I am writing consequence, it erodes the very integrity of state to structure its laws accordingly, and to ask that you support and co-sponsor H.R. our states’ legislative authority. as law enforcement officials we have an obli- 2031, a bill introduced by Congressman Scar- In the fall of 1997, five Virginia college stu- gation to stand in strong opposition to busi- borough, which will give my office the abil- dents died due to binge drinking related ac- nesses that ignore them. We are not asking ity to better enforce our laws against under- cidents. In response, my Office launched a for any new federal laws regarding the trans- age access to alcohol, excise and sales tax statewide task force to address the subject of portation or distribution of alcohol; we are collection and other restrictions on alcoholic college binge drinking. After speaking with merely asking for the power to enforce our beverage distribution and sale. students and parents who have been affected own state laws already on the books. H.R. 2031 will allow states to file for fed- by alcohol abuse, I have made a personal None of us has a vested interest in the al- eral court injunctions against out-of-state commitment to fighting binge drinking cohol beverage industry beyond making sure wineries and retailers who illegally bypass among our young people, and I am convinced that our alcohol-related laws are obeyed and our state system and ship alcohol directly to that curbing the direct shipment of alcohol that we have adequate enforcement author- consumers. These clandestine shipments to minors is an important part of that effort. ity. H.R. 2031 will give us access to federal make it easier for young people to obtain al- Beyond college alcohol abuse, there are courts, thereby simplifying the legal process cohol and make a mockery of our other alco- many other health and safety issues related for prosecuting those who are distributing in holic beverage laws. Recent court decisions to underage drinking. These concerns are our states illegally. in Utah and Florida make it clear that all shared by parents across the nation, in every Sincerely, states need this federal court access to en- state of the union. Attorneys general must MARK L. EARLEY, sure their ability to enforce their alcoholic have the enforcement tools needed to help Attorney General of beverage laws. combat this problem Virginia. H.R. 2031 is common sense legislation that I urge you to support this important BILL PRYOR, makes no change in current state law and amendment, H.R. 2031, introduced by Con- Attorney General of makes no restrictions on Internet or cata- gressmen Scarborough (R–FL), Delahunt (D– Alabama logue sales. H.R. 2031 simply gives my office MA), and Sensenbrenner (R–WI). It will give BRUCE M. BOTELHO, the tools we need to take against out-so- attorneys general the option to use the fed- Attorney General of state interests that bypass our existing regu- eral court system for injunctive relief to Alaska. lations and controls with immunity. As you stop the direct shipment of alcohol to minors MARK PRYOR, may know, H.R. 2031 may be brought to the and other violations of state law regarding Attorney General of House floor in the next few days. I would ap- the importation and transportation of alco- Arkansas. preciate your support of this bill. hol. KEN SALAZAR, Very truly yours, In addition to contacting my own state’s Attorney General of JENNIFER M. GRANHOLM, Congressional delegation in support of this Colorado. Attorney General. amendment, I have written other attorneys THURBERT E. BAKER, general encouraging them to do the same. Attorney General of COMMONWEALTH OF VIRGINIA, If anyone in your office has questions Georgia. OFFICE OF THE ATTORNEY GENERAL, about this legislation, they can call Jona- JIM RYAN, Richmond, VA, June 14, 1999. than Amacker in my officer at 804–786–4596. Attorney General of Il- Hon. DENNIS HASTERT, Thank you for your consideration of this linois. Office of the Speaker, matter. JEFFREY A. MODISETT, The Capitol, Washington, DC. Sincerely, Attorney General of DEAR SPEAKER HASTERT: The Violent and MARK L. EARLEY, Indiana, Repeat Juvenile Offender Accountability and Attorney General. H6860 CONGRESSIONAL RECORD — HOUSE August 3, 1999

COMMONWEALTH OF MASSACHUSETTS, ‘‘Twenty-First Amendment Enforcement makes no restrictions on Internet or cata- OFFICE OF THE ATTORNEY GENERAL, Act.’’ This legislation, introduced by Con- logue sales. H.R. 2031 simply gives my office Boston, MA, July 15, 1999. gressmen Scarborough (R–FL), Delahunt (D– the tools we need to take action against out- Senator EDWARD M. KENNEDY, MA) and Sonsenbrenner (R–WI), will help of-state interests that bypass our existing Russell Senate Office Building, prevent illegal shipments of alcohol to mi- regulations and controls with impunity. As Washington, DC. nors, and the evasion of state tax laws. you may know, H.R. 2031 may be brought to DEAR ED KENNEDY: I am writing to enlist The ‘‘Twenty-First Amendment Enforce- the House floor in the next few days. I would your support for H.R. 2031, a bill introduced ment Act’’ would give state attorneys gen- appreciate your prompt co-sponsorship of by Congressmen Scarborough, Delahunt, eral access to federal courts to seek injunc- this important legislation and your vote of Sensenbrenner and Cannon, to provide State tive relief against individuals and businesses support if it should be offered as an amend- Attorneys General with the ability to seek who violate state liquor laws by shipping al- ment to the Juvenile Justice bill. federal injunctive relief against out-of-state cohol directly to consumers. These trans- Very truly yours, alcohol beverage distributors which ship al- actions, usually completed over the Internet, CARLA J. STOVALL, cohol directly to minors in contravention of allow purchases to be made without ade- Attorney General. state laws and regulations. quate proof of age, giving minors easy access Specifically, H.R. 2031 allows states to file to alcohol. Mr. DELAHUNT. Mr. Chairman, let for federal injunction relief where the Attor- It is important to note that this measure us make no mistake, the online boot- ney General has reasonable cause to believe will have no impact on legitimate sales of al- leggers who evade State alcohol con- that an out-of-state entity is engaging in, or coholic beverages by manufacturers, whole- trol laws are hopefully not the future about to engage in, an act that would con- salers, or retailers who operate within the of electronic commerce. They are a stitute a violation of a state law regulating parameters set by law. House Resolution 2031 throwback to a bygone era. the importation or transportation of alcohol. merely gives the states a better opportunity Shipments by alcohol distributors to minors to enforce their current liquor and tax laws. Let us embrace E commerce and do provide our youth with the opportunity to The problem of underage drinking has been all we can to encourage it, but let us do obtain alcohol in direct contravention of exacerbated by the explosion of Internet liq- it in a manner that respects the rule of state laws. By giving State Attorneys Gen- uor sales. Passage of H.R. 2031 would provide law. eral access to federal courts to seek injunc- a valuable tool with which state attorneys Mr. Chairman, I reserve the balance tive relief against those who are violating general can work to prevent the direct ship- of my time. our state laws, we can hopefully prevent ment of alcohol to minors. Again, I urge you Mr. SCARBOROUGH. Mr. Chairman, such direct shipment of alcohol to minors. to support this important legislation. This bill is important and will provide my Very truly yours, I yield 1 minute to the gentleman from office with the tools we need to take action MIKE FISHER, Wisconsin (Mr. SENSENBRENNER). against out-of-state businesses that bypass Attorney General. Mr. SENSENBRENNER. Mr. Chair- our existing laws and regulations, and in so man, this legislation will allow State doing, jeopardize the health and welfare of STATE OF NEBRASKA, Attorneys General to seek Federal our children. On behalf of the citizens of the OFFICE OF THE ATTORNEY GENERAL, court injunctions against any out-of- Commonwealth of Massachusetts, particu- Lincoln, NE, June 17, 1999. State companies that illegally direct larly our young people, I ask for your vote of Congressman BIL BARRETT, ship alcohol to consumers. These ille- support for this important legislation. Rayburn House Office Building, Sincerely, Washington, DC. gal direct shippers are bypassing State TOM REILLY, DEAR CONGRESSMAN BARRETT: H.R 2031 excise and sales taxes, operating with- Attorney General. would give states access to federal courts to out required licenses, and most appall- enforce their laws against illegal, direct ingly, illegally selling alcohol to un- STATE OF UTAH, shipping of alcoholic beverages. I urge you to derage persons. OFFICE OF THE ATTORNEY GENERAL, support this bill. It is important to note what H.R. 2031 Salt Lake City, UT, June 14, 1999. Illegal, direct shipping of alcoholic bev- does not do. It does not change existing Congressmember JAMES V. HANSEN, erages into the State of Nebraska under- House of Representatives, Rayburn Building, mines Nebraska’s Liquor Control Act, cre- State laws, and makes no restrictions Washington, DC. ates unfair competition for Nebraska liquor on legal Internet or catalog sales. It DEAR JIM HANSEN: I am writing to encour- wholesalers and retailers who are complying does not open the door to Internet tax- age you to support a bill that will be voted with the Liquor Control Act and who are ation. In fact, the word ‘‘Internet’’ does upon this week. H.R. 2031, introduced by Con- paying applicable taxes, and creates a risk of not appear anywhere in the text. It gressmen Scarborough, Delahunt, and Sen- alcohol shipment of under-age persons. does not create a new Internet E com- senbrenner, contains an amendment to help A copy of H.R. 2031 is enclosed for your stop the illegal shipment of alcohol to mi- quick reference. As you can see it is a sim- merce policy. It only deals with direct nors and other violations of state alcohol ple, common sense approach to a rapidly shipments of alcohol. law. growing problem. The legislation has bipartisan sup- The amendment was first introduced last Yours truly, port. It was adopted overwhelmingly as March by Senator Hatch, days after Utah se- DON STENBERG, an amendment to the other body’s ju- cured a significant ruling in the Court of Ap- Attorney General. venile justice bill. Attorneys General peals which asserted state jurisdiction of all from 23 States have signed a letter of liquor sales that cause unlawful results in STATE OF KANSAS, Utah and enables the State to criminally OFFICE OF THE ATTORNEY GENERAL, support on this bill. prosecute businesses that violate Utah’s liq- Topeka, KS, June 15, 1999. Mr. Chairman, I rise in support of uor laws. Hon. JERRY MORAN, States’ rights, and urge my colleagues Utah must have the authority to enforce House of Representatives, Longworth House to allow States to enforce their own al- its state laws governing the sale and dis- O.B., Washington, DC. cohol laws by voting in favor of this tribution of alcohol, and this amendment DEAR CONGRESSMAN MORAN: I am writing much needed legislation. does just that. By giving state attorneys to ask that your support and co-sponsor H.R. Mr. DELAHUNT. Mr. Chairman, I general access to federal courts to seek in- 2031, a bill introduced by Congressman Scar- junctive relief against those who are vio- borough that will give my office the ability yield 2 minutes to the gentleman from lating our state laws, we can prevent the di- to better enforce our laws against underage Florida (Mr. DEUTSCH). rect shipment of alcohol to minors. access to alcohol, excise and sales tax collec- Mr. DEUTSCH. Mr. Chairman, I rise I hope you support this important piece of tion and other restrictions on alcoholic bev- in support of H.R. 2031, the 21st Amend- legislation; it will enhance Utah’s ability to erage distribution and sale. ment Enforcement Act. The rational enforce its laws and will contribute greatly H.R. 2031 will allow states to file for fed- for this bill is simple and straight- to the safety and welfare of Utah’s children. eral court injunctions against out-of-state forward. State laws governing alcohol Sincerely, wineries and retailers who illegally bypass JAN GRAHAM, our state system and ship alcohol directly to shipping and distribution must be fol- Attorney General. consumers. These clandestine shipments lowed and enforced. This bill ensures make it easier for young people to obtain al- that States have the tools needed to COMMONWEALTH OF PENNSYLVANIA, cohol and make a mockery of our other alco- fully enforce their laws, especially OFFICE OF ATTORNEY GENERAL, holic beverage laws. recent court decisions those governing the distribution of al- Harrisburg, PA, June 29, 1999. in Utah and Florida make it clear that all cohol to minors. Hon. ARLEN SPECTER, states need this federal court access to en- This bill will ensure that States have U.S. Senate, Hart Senate Office Building, sure their ability to enforce their alcoholic Washington, DC. beverage laws. legal recourse against alcohol distribu- DEAR SENATOR SPECTER: I am writing to H.R. 2031 is common sense legislation that tors who deliberately seek to violate urge your support for H.R. 2031, the proposed makes no change in current state law and State laws. Any vintner, retailer, or August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6861 marketer who ships alcohol to adults prise. What we must keep in mind is In an age where we are seeing far too in compliance with laws governing the that there are legitimate areas where much youth violence, for example, Mr. shipments’s destination should support States have carved out the responsi- Chairman, I think we need to be espe- this legislation. H.R. 2031 will simply bility in support of their constituents cially mindful that our families all allow States to take legal action in to regulate certain types of activity, across America need to be empowered Federal courts against illegal business whether it be illicit drugs or sale of al- and need to be able to rely on the le- practices which often jeopardize the cohol to minors. gitimate authorities that they have welfare of children. We must constantly try and balance elected in their States, such as the at- Just as law enforcement officials the rights of States, the powers of torneys general, to protect their chil- need the proper tools to fight crime, States, to exercise legitimate super- dren in those legitimate areas where and drug enforcement officials need the vision in those particular areas which, State exercise of authority can, indeed, proper tools to fight the war on drugs, if not properly supervised, would be do so in regulation of alcohol; and sales liquor enforcement officials need the harmful to the citizens of that State of alcoholic beverages is one such area. tools to enforce State liquor laws. against what we all here believe in, and We must enact this legislation. It is These laws keep alcohol out of the that is free enterprise and the capi- a very specific, very narrow, very lim- hands of minors, and ensure that con- talist system. ited response to a problem that has de- sumers receive safe products from peo- But we must ask ourselves, in that veloped in recent years that is a very ple who sell these products. regard, at what price is free enterprise real problem. Again, to emphasize Mr. I urge my colleagues to support the allowed to reign? We have witnessed in Chairman, while we are in favor of 21st Amendment Enforcement Act. recent weeks tremendous damage to Internet sales, we are in favor of com- I would just quickly add that I served our national security, information on merce generally between the States, 10 years in the Florida legislature, Mr. that damage coming forward, where se- this is a legitimate area long recog- Chairman, and was involved in legis- crets and very important military na- nized by the Congress, by the courts, lating areas of enforcement of the tional security information was dis- and by the legislatures of the several structure that Florida has for alcohol closed and made available to China, in- States for State regulation. sales in Florida. cluding information made available to In order for that State regulation to What is going on today, I do not China by companies seeking to exercise be meaningful, the State attorneys think there will be any speaker here so-called free enterprise. general must have the power to enforce today who would question it, is abso- b 1200 the interstate sale of alcoholic bev- lutely in violation not just of Florida Free enterprise does not mean that erages in derogation of State laws. I laws, but laws in the 50 States and the corporations and companies in America urge support of this bill. District of Columbia. can do whatever they want whenever Mr. DELAHUNT. Mr. Chairman, I Essentially, people have created a they want with whom they want. They yield as much time as he may consume way to evade systems that legislatures have to act responsibly, and they have to the distinguished gentleman from have in place for the sale of alcoholic to subject themselves to legitimate ex- California (Mr. THOMPSON). beverage, which are different in the 50 ercises of State authority. Mr. THOMPSON of California. Mr. States, but these systems literally vio- The sale of alcohol to minors in par- Speaker, it is unfortunate that this bill late those laws in the 50 States and the ticular States, and other laws within is on the floor today. This bill is no District of Columbia. those States regarding the regulation more than an attempt to advantage Again, it has been made clear that of the sale of alcoholic beverages, is a one industry group over another. It this is not against E commerce in any long-standing authority recognized by comes at a time when we should be way, but in fact what the Internet has the courts and by this Congress. As a working to find a solution to the prob- done is allow a new way of bootlegging. matter of fact, in the Constitution lem, the problem of consumers not hav- I, as one of many millions, tens of mil- itself, as the gentleman from Florida ing access to the wines of their choice lions of Americans, have purchased (Mr. SCARBOROUGH) indicated, is a le- because distributors are unable to serv- products through the Internet. I en- gitimate area where there are going to ice the growth in small wineries. courage that. be placed and have been placed some In 1963, there were 375 wineries. But as I sat with my son, and my son, restrictions. Today, in 1999, there are 2,000 wineries. who is 8 years old, has the ability, he But that power is hollow if, in fact, In 1963, we had 10,900 distributors. remembers credit card numbers and ac- companies are allowed, as they are Today, we have 300 distributors. This is cess numbers pretty well, and has the doing now, to circumvent State law by the problem. This is why small ability today or tomorrow to, in his Internet sales of alcohol in circumven- wineries and consumers who want to own way, perhaps, purchase things tion of and derogation of and flouting buy premium wine from small wineries through the Internet. Obviously, that State laws. are looking for other available places is not what we want to see happen. On This legislation that the gentleman in order to purchase it. top of that, there are legal ways to pur- from Florida has proposed, supported There is an Amador Foothill grower chase these products through the Inter- by the gentleman from Massachusetts, in California that was interviewed by net today. mandates nothing. It simply empowers the press; and he said, ‘‘A lot of large Again, I urge my colleagues to close those States who wish to exercise the distributors look on wineries of our a loophole. This is not an issue of try- power through their attorneys general, size as a nuisance. They cannot sell ing to stop commerce on the Internet, duly elected by the people of the sev- much of our wine. And the larger it is an issue of enforcement of State eral States, to enforce laws against the wineries are banking on them to sell 10 liquor laws which have existed in the 50 sale of alcoholic beverages in their percent more each year, so they do not States, with a great deal of authority State which are in violation of State have time to sell small premium for that enforcement. laws. It does nothing more. It does wines.’’ Mr. SCARBOROUGH. Mr. Chairman, nothing less. That is the problem. This problem is I yield 3 minutes to the gentleman We hope to keep the debate focused, not about kids buying wine in cyber- from Georgia (Mr. BARR). Mr. Chairman, with regard to amend- space. As a matter of fact, that argu- Mr. BARR of Georgia. Mr. Chairman, ments that might be opposed on that ment does not even pass the giggle I thank the gentleman from Florida for fundamental power of States’ rights. test. The fact of the matter is, teenage yielding time to me, and I thank the One certainly will see, as amend- kids across this Nation are not going gentleman from Massachusetts and the ments are proposed, we suspect that it to be purchasing premium Cabernet gentleman from Florida for their lead- is commercial interests that are behind wine from my district, from anywhere ership on this very important issue. the amendments. Again, while all of us from $40 to $150 a bottle. Mr. Chairman, as the previous speak- are very, very strong proponents of free Everyone has been able to see er from Florida said, this is an issue enterprise, we also are proponents of through this clever cover. As a matter about States’ rights. It is not anti- States rights and to protect American of fact, two of the original supporters commerce, it is not anti-free enter- families. of this idea, the Mothers Against H6862 CONGRESSIONAL RECORD — HOUSE August 3, 1999 Drunk Driving and the Emergency bling, given the long list of amend- odds with the State law that you claim Room Nurses have withdrawn their ments that we are looking at today on that the gentleman is trying to pro- support. The Mothers Against Drunk the bill. tect. Driving stated that, in fact, this is a One of the amendments, I under- Mr. SCARBOROUGH. Mr. Chairman, battle between various elements within stand, is going to provide immunity for reclaiming my time for a question, I the alcohol beverage industry. They go Internet service providers. What does need to ask the gentleman from Cali- on to say that they are dismayed that this mean, that Yahoo can go online fornia this question. Does the gen- the industry would go this far or go to and sell direct in States that prohibit tleman from California understand such lengths to misrepresent their the direct sale of alcoholic beverages? I that all this provides is Federal injunc- views. think this is a huge loophole, and it is tive relief for attorneys general to- Even the National Council on State one that the supporters of this bill wards businesses that continually ship legislatures is opposed to this measure. were not counting on. in alcohol illegally; since it provides They have been working on this issue There was also a great deal of discus- for injunctive relief, nobody is going to for the past couple of years, and they sion about the loss of tax revenue. I be thrown into Federal court and then see some progress being made. Last can tell my colleagues that, without an thrown into prison? Does the gen- week, they voted 41 to 7 in opposition analysis of this bill, I do not know how tleman understand that? to this legislation. They, too, under- one can ascertain what the impact, the Mr. THOMPSON of California. Mr. stand it is a turf issue and have asked economic impact of this bill would be Chairman, I understand that. I also un- this Congress not to interfere. one way or the other. derstand that the Federal court is not The Wall Street Journal just edito- I also want to point out that there the place to determine how much wine rialized against this, citing it as ‘‘an are a couple of local laws that could one can bring back if one decides to go obstacle to interstate commerce of pre- end up landing their constituents in to the vineyards of Virginia over the cisely the type the Founders intended Federal court. Indiana allows a person course of a weekend that one spends to prohibit.’’ The Journal goes on to to bring one bottle of wine home per here in D.C. say and to warn that ‘‘Today wine; to- trip every time they come back to Indi- Mr. SCARBOROUGH. Mr. Chairman, morrow any out-of-State competition ana. If one brings back two bottles of I think the gentleman said it is his po- that some local interest with campaign wine, it could be Federal court. sition that minors are not purchasing money did not want to deal with.’’ Maryland allows one bottle at a time, alcohol over the Internet. Is that the I also want to point out that this bill but not more than two bottles per cal- gentleman’s position? deals with all liquor violations, not endar month. What if someone visits Mr. THOMPSON of California. Mr. just the ones that were mentioned by the Virginia wine country three times Chairman, I think it is a clever cover the supporters of the bill. over the course of the month and for what the gentleman from Florida is Attorneys General across this Nation brings back three bottles of wine? They trying to do, and that is advantage one could take all and any liquor violation are subject to Federal court. industry player. I believe that the gen- regarding importation and transpor- Right here in D.C., you can bring tleman was privy to the same tape that tation to the Federal courts. This is back four bottles of wine. If one visits I saw in Mr. HATCH’s committee hear- true even in States that allow direct Virginia wine country or my district in ing that showed a 14-year-old girl ac- shipment of wine. California, and one comes back with a cessing the Internet, trying to buy an Oklahoma, for example, has a limited six-pack of premium wine, the little alcoholic beverage. But the thing that personal importation. However, they six-pack containers that are so com- was not talked much about in that disallow any transaction on Memorial mon for people to carry on the air- hearing was the fact that her older Day, Labor Day, or Election Day. So if planes, one can be in violation of this brother or father was standing right one transports an alcoholic beverage in district’s laws, and one can be pros- there next to the television camera op- Oklahoma on the day of a special elec- ecuted in Federal court. erator and filming this using his credit tion to pass a school bond, one could Mr. Chairman, this bill should be de- card. It is a far stretch from leading us find oneself in Federal court. feated, and this issue should be left up to believe that some youngster is going Wyoming has a law that prohibits to the States to decide without the to plan weeks ahead to purchase some the sale of private labeled wines. So if heavy hand of the Federal Govern- alcoholic beverage and, in the case that one sells or transports private labeled ment’s interference. impacts my district, a bottle of Caber- wines in Wyoming, it could be Federal Mr. SCARBOROUGH. Mr. Chairman, net. court. I yield myself 3 minutes. I do not think the teenagers of the Now, the supporters will tell us that Mr. Chairman, I would just like to gentleman from Florida (Mr. SCAR- this is farfetched; that an Attorney ask if the gentleman from California BOROUGH) are going to buy Opus Caber- General would not do that. I want to (Mr. THOMPSON) would be open to a few net over the Internet with their par- tell my colleagues that it is no more questions about some statements he ents’ credit card. farfetched than the supporters’ claims made. Mr. SCARBOROUGH. Mr. Chairman, that kids are buying high-priced pre- The gentleman from California criti- reclaiming my time, if they did try to mium wine over the Internet. cized selected State laws. use my credit card, it would not go Most troubling, Mr. Chairman, is the Mr. THOMPSON of California. Mr. through for the type of wine that the fact that one of the coauthors of this Chairman, will the gentleman yield? gentleman sells in his district. bill has informed me that small Mr. SCARBOROUGH. I yield to the Mr. SCARBOROUGH. Mr. Chairman, wineries and consumers are not going gentleman from California. I yield 2 minutes to the gentleman to be disenfranchised because, in the Mr. THOMPSON of California. Mr. from Georgia (Mr. BARR). end, the distributors will go online and Chairman, I have not criticized any Mr. BARR of Georgia. Mr. Chairman, sell online themselves. State laws. I am just pointing out that one might ask the opponents of this I cannot understand why direct sales this measure could put violation of very measured legislation why they can be harmful to one industry, the something, of a law such as the Okla- think the International Association of small wineries, but then be good in homa measure that allows transpor- Chiefs of Police is endorsing it. The their eyes for the distributors who are tation of an alcoholic beverage prod- International Association of Chiefs of trying to sell these wines. uct, into Federal court. I do not think Police certainly has no problem with Finally, I want to point out that this that is what the gentleman’s intention the legitimate sale of alcohol. They are bill has had no public input. It was is. not beholden to the wine industry, rushed to the floor. It was a markup in I do not think it is the intention of large or small. They are not beholden the Committee on the Judiciary. The the gentleman’s supporters that, if the to the beer industry, large or public has not been able to speak. Internet service provider does direct microbrew. Yet, they are very strongly Small wineries have not been able to sales, that they could sell wine in Flor- in support of this legislation. speak. Consumers have not been able ida, which makes it a felony to directly The reason they are very strongly in to speak. That is particularly trou- ship to Florida. It is completely at support of this legislation is they August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6863 know, as I suspect the opponents do not even endorse this bill. That is be- While I thank the gentleman for say- also but will not admit it, that there cause they recognize this bill for what ing I am clever and suggesting that I are in fact numerous documented in- it is: A power grab by wholesalers and would be resourceful enough to set up stances of minors purchasing alcoholic distributors. such a media explosion on this hap- beverages over the Internet. For any- This power grab involves a 65-year- pening from coast to coast, but regret- body to claim otherwise, they are sim- old regulatory scheme that grew out of fully I would have to disagree with the ply misleading this debate or cannot prohibition and stands on three legs: gentleman and say I am not quite that make that argument with a straight Politics, policy, and profits. Through clever. face. the three-tier system, manufacturers Also, regarding the question of no There is a case, a documented case are required to sell their beer, wine, public input, I sat through the Com- just recently reported in Alabama, of a and liquor to licensed wholesalers who mittee on the Judiciary hearings and 17-year-old boy able to buy alcoholic are the sole suppliers for stores, bars can report we heard all the input we beverages over the Internet according and restaurants, sports arenas, and could get for about 6 or 7 hours. There to some plan where they will send it other retailers. They have got it all have been 2 other days and two other periodically, once a month. tied up and they do not want to give committee hearings over the past sev- There is also, documented through any of that up. eral years where this issue has been de- Americans for Responsible Alcohol Ac- But guess what, this distribution sys- bated over and over and over again. cess, a documentary that shows teen- tem does not work for consumers who In the end, again, all it comes down agers in various States, including Mis- want to access hard-to-find good wines to is the fact that there are some peo- sissippi, buying alcoholic beverages. from small wineries. The wineries in ple that want to allow small businesses Also for the opponents of this very my district in Sonoma and Marin to sell wine illegally over the Internet. measured legislation, also to make the Counties, just north of the Golden Gate I want to be able to have my rich Re- speechless argument that there has Bridge, produce some of the world’s fin- publican supporters to be able to pur- been no public input, that is absolutely est wines, and we will have to say Napa chase the finest wine from Napa valley, wrong. There have been debates on this too, because that is where my col- or purchase the finest wine from issue in the Congress. There have been league, the gentleman from California Sausalito, a beautiful region I recently hearings on this, two hearings. This (Mr. THOMPSON) is from, but many of visited. I have nothing against that. It passed overwhelmingly in the United them cannot get their products to mar- just has to be legal. States Senate. Every one of those Sen- kets the traditional ways. And it does not matter how small the Wholesalers and distributors will not ators who voted in support of this, I winery is, it does not matter how fine carry their products because the would presume maybe the opponents of the wine is, it does not matter how wineries are not big enough. These strong these businesses may support this measured bill know otherwise, but winemakers now are joining the point- my colleagues in their districts, or how I would certainly presume that those and-click-world of Internet commerce strong my wine lovers in my district Senators were speaking for their con- to get their products directly to the may support me. If it is illegal, it is il- stituents, the citizens of the State. consumers. So, do not inhibit their legal. If it is bootlegging, it is boot- b 1215 ability to sell their product. legging. The only thing this bill does is So there are plenty of documented At another time support efforts to ensure that children and teenagers do stop the illegal shipment of alcohol instances of minors using the internet into States, and it does it by allowing in violation of State law to purchase or not buy alcoholic beverages, but today is not the day to address that. Vote the State’s attorney general to file an receive alcoholic beverages. injunction. Nothing more, nothing less. Mr. Chairman, this is a very meas- against H.R. 2031. Mr. SCARBOROUGH. Mr. Chairman, Mr. Chairman, I reserve the balance ured response to a real problem. I urge I yield myself 4 minutes. of my time. support of the legislation. The statement has been made that Mr. DELAHUNT. Mr. Chairman, I Mr. DELAHUNT. Mr. Chairman, I alcohol sales to minors over the inter- yield myself such time as I may con- yield 5 minutes to the gentlewoman net is not a real problem. In fact, one sume to concur with my friend from from California (Ms. WOOLSEY). individual stood up and said that I was Florida. I too want my middle class (Ms. WOOLSEY asked and was given clever in using this as a front. I thank Democrats to have availability on the permission to revise and extend her re- him for calling me clever, but I am not Internet to purchase the wines out in marks.) clever enough to have about 30 news Sausalito, California. Ms. WOOLSEY. Mr. Chairman, I rise stations across the country running Mr. Chairman, I yield 2 minutes to in strong opposition to this legislation stories specifically on minors pur- the gentleman from New York (Mr. that would criminalize the efforts of chasing alcohol over the Internet. RANGEL). the small wineries in my district in re- WBRC–TV in Birmingham; WIAT–TV (Mr. RANGEL asked and was given sponding to their consumers. in Birmingham; KPMO in Phoenix, Ari- permission to revise and extend his re- This bill is a wolf in sheep’s clothing. zona; KEYT–ABC in Santa Barbara; marks.) It is not about State’s rights, it is not WUSA–CBS in Washington; WPEC in Mr. RANGEL. Mr. Chairman, I would about combating the problem of under- West Palm Beach; WPLG in Miami; have to agree that the gentleman from age drinking. Instead, this bill is about WWSB in Sarasota, Florida; WICS in Florida is clever, and I do hope we can wholesalers and distributors that do Springfield, Illinois, a three-part se- use his ingenuity as relates to the not want small wineries to move into ries; WEVV–TV in Evansville, Indiana, interstate sale of guns. Because, clear- their turf. a two-part series; WBFF in Baltimore; ly, we ought to have as much concern Make no mistake, I firmly believe stations also in Boston; Lansing, about these dangerous weapons as we that we have a national obligation to Michigan; Greenville, Mississippi; Syr- do about our children consuming wine. take care of our children and protect acuse, New York; Charlotte, North Now, in the old days, when I was a them from threats to their health and Carolina; Columbus, Ohio; Cleveland, kid, kids did not wait 2, 3, 4 days in safety. Nobody speaks more to that Ohio; Oklahoma City; Philadelphia; order to get wine. They used to get than I do. Too many young people are Lancaster, Pennsylvania; Pittsburgh, outside the liquor store and get some- starting to drink at an early age lead- Pennsylvania; Providence, Rhode Is- one to go there and buy wine for them. ing to alcohol and other substance land; Spartanburg, South Carolina; So if they are clever enough to use the abuse problems. That is why I have Amarillo, Texas, a three-part series; Internet to do it, I do not really think fought so strongly in this Congress to San Antonio; Salt Lake City; Norfolk; that this law is going to catch too support the passage of zero tolerance Seattle; Green Bay; WISC, Wisconsin; many of them. legislation for underage drinking and WMTV, Wisconsin; CNN Morning News, It seems to me, coming from a State driving. Hard Copy; NWCN–TV cable news in that has wineries, that we have a But this legislation does not address Seattle; and ZDTV cable news have all major problem here, and that is wheth- that pressing issue. In fact, Mothers done stories on illegal sales of alcohol er or not some of my Republican Against Drunk Driving, MADD, will to minors over the Internet. friends want to throw the baby out H6864 CONGRESSIONAL RECORD — HOUSE August 3, 1999 with the bathwater. We want to be able other hand, have helped these small sales of regional or limited availability wineÐ to have as much competition in this wineries stay afloat, while at the same of which there are perhaps over ten thousand great Republic of ours that we can. I do time helping to satisfy a growing con- labelsÐhave grown. Unfortunately, traditional not think it can be challenged that we sumer demand for smaller, lesser- distribution avenues are insufficient for the have some 1700 small wineries that are known wines produced in this country. shipment and delivery of wines from these nu- unable to penetrate the larger distribu- The reason H.R. 2031 is proposed is to merous small producers. Direct mail, the Inter- tors that we have in this country. They stop these alternative avenues to mar- net and other alternative forms of distribution have fine products, but they do not ket in favor of existing monopolistic have helped these small wineries stay afloat, have the money and the know-how to wholesalers. The Twenty-First Amend- while at the same time helping to satisfy the get it into the stores. ment to the Constitution is not an ab- growing consumer demand for smaller, lesser Finally, technology has given them solute divestment of Federal power of known wines produced in this country. the opportunity to break through these the States. The U.S. Supreme Court Grape growing is a very important agricul- barriers and to be able to sell their has long established that the amend- tural crop, the largest crop in California and products, subject to State law. Now, we ment has its limits and must be consid- the sixth largest crop in the nation. Over 60% know that one of the things that Con- ered in the context of the constitu- of the grape crop is used in the production of gress wants to do is to get government tional provisions, including Congress’ wine. The resulting wine industry in total annu- out of the lives of people, especially exclusive right to regulate interstate ally contributes over $45 billion to the Amer- the Federal Government, and we do not commerce. ican economy; provides 556,000 jobs, ac- have a lot of attorneys general plead- Proponents of this legislation claim counting for $12.8 billion in wages; and pays ing, knocking down our doors and say- that it is necessary to curb the deliv- $3.3 billion in state and local tax revenues. In ing, for God’s sake come in here and ery of alcohol products to underage addition, wine is our third largest horticultural provide oversight for us. purchasers. I believe that there are few export. Wine is commercially produced in 47 If we are going to start doing this more important causes than to stem states. with wine, there is no reason why we the tide of underage drinking in this Consumers in every state should be able to do not start controlling competition in country, however, I am convinced that obtain access to a wide variety of wines, es- books and recordings and in clothing, direct shipment of wine, beer, and spir- pecially the wines of small producers who lack and taking away the very same tech- its does not contribute to the problem. the distribution channels of the major wine nology that is pumping up our econ- The two States with the highest con- producers in this nation. To meet these con- omy and allowing people to be able to sumption of wines, California and New sumer needs, I point to the 20 states which get their wares to the marketplace. York, have long permitted interstate have chosen to enact limited interstate ship- Mr. SCARBOROUGH. Mr. Chairman, shipments over the phone or by mail. ments directly from winery to consumer or re- I yield myself 30 seconds just to re- Surely if these mechanisms were inher- tailer to consumer. Intrastate direct shipments spond. ently open to abuse, the authorities in are legal in 30 states. I also direct your atten- There is a big difference between those States would have discovered tion to recently passed ``shipper permit'' legis- books and liquor. Amazon.com can still that by now, but they have not. lation in New Hampshire and Louisiana and to continue to sell books. There is noth- I am sure we can all remember when the special order system developed and imple- ing in the Constitution regarding the we were kids, when we were teenagers mented by the Pennsylvania state liquor mo- importance of books. There is nothing in high school and we stole our dad’s nopoly. in the Constitution regarding sweaters credit card to order a $200 case of pre- I am concerned that passage of the pro- from J. Crew. There is something in mium wine over the phone to have par- posed legislation would have a chilling effect the Constitution regarding the twenty- ties with our friends 30 days down the on efforts underway to craft creative state-by- First Amendment, which says it is line. And in the meantime, 38 percent state solutions such as these. going to be the province of the States of those kids who go into retail stores Legislation to allow states to bring to Fed- to regulate alcohol sales. So there is a in the District of Columbia to purchase eral court an action to enjoin shipment or big difference. beer over the counter succeed. So my transportation of liquor in violation of the laws Regarding guns, guns can also be advice to those that are so concerned of a particular state would have the unin- shipped, they just have to be shipped about underage purchasers is to focus tended consequence of crippling small legally. their direction where the problem real- wineries in this country. The proposed legisla- Mr. Chairman, I yield 3 minutes to ly is. The issue is not an issue under tion does much more than simply providing a the gentleman from California (Mr. this piece of legislation. remedy for a violation of the Webb-Kenyon RADANOVICH). We violently disagree on The National Conference of State statute that generally governs states authority this issue, but he is a good friend, Legislatures recently passed a resolu- over interstate shipments. I fear that it will au- nonetheless. tion that opposed legislation which al- thorize a state to erect discriminatory barriers (Mr. RADANOVICH asked and was lowed Federal interference in the pur- to interstate commerce, which will be used to given permission to revise and extend chase and delivery of wine across State favor in-state commercial interests to the det- his remarks.) borders. Forty-one States joined in the riment of out-of-state wine producers. The Mr. RADANOVICH. Mr. Chairman, I passing of the resolution, with only 7 Commerce Clause protects against state im- thank the gentleman for yielding me States supporting this attempt to Fed- posed barriers to free trade. That protection this time on this issue, even though I eralize the laws. The Federal Govern- should apply to wineries as well as all other oppose this legislation. ment should not empower States to en- businesses. I am not a lawyer, I am a small win- gage in this kind of activity. This is The twenty-first amendment to the Constitu- ery owner. I am one of more than 2,000 monopoly protection at its best. And tion is not an absolute divestment of Federal wineries in about 47 States, however, even those wineries can ship into ap- power to the States. The U.S. Supreme Court only 50 wines are available in a typical proximately 12 States now, they will, has long established that the amendment has retail marketplace. More specifically, through the support of the attorneys its limits and must be considered in the con- about 20 wineries produce 90 percent of general, limit that as well. text of other constitutional provisions, including all the wine produced. Despite this, I am a California farmer. In 1982, I estab- Congresses exclusive right to regulate inter- sales of regional or limited availability lished a small vineyard and winery in the Si- state commerce. of wine, of which there are perhaps erra foothill community of Mariposa, my home- Further, existing remedies are available for over 10,000 labels, have grown. Unfortu- town. The Radanovich Winery, which pro- violations of liquor laws. In the case of wine nately, at the same time the tradi- duces Sauvignon blanc, Chardonnay, Merlot, (as with harder liquors) there is an underlying tional distribution avenues have de- Zinfandel and Cabernet Sauvignon, has grown federal permit which is required to operate a creased from over 20,000 wholesalers to to over 4,000 cases annually. winery. That permit is subject to oversight by fewer than 400. Like most wineries, mine is small. Of the the Bureau of Alcohol, Tobacco and Firearms, These wholesalers are not sufficient more than 2,000 wineries in this country, only and requires conformance to applicable laws. to handle the shipment and delivery of 50 are available in a typical retail marketplace. There have been successful compliance ac- wines from numerous small producers. More specifically, about 20 wineries produce tions through this mechanism. An additional Direct mail and the Internet, on the 90% of all the wine produced. Despite this, mechanism is not necessary. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6865 Professor Jesse H. Choper, a distinguished when it examines means to ensure the fair im- Mr. Chairman, I rise in support of the scholar in the field of constitutional law from position of consumption, sales and use taxes 21st Amendment Enforcement Act, the University of California has written ex- arising from remote sales of all products, a far which will help States such as my pressing his concerns about the possible con- more significant revenue problem estimated to home State of Wisconsin crack down sequences of Federal legislation in this arena. involve many billions of dollars in lost revenue. on the illegal shipment of alcoholic Professor Choper concludes that the proposed Congress established this Commission for just beverages. legislation would violate the Commerce Clause such a purpose, and this member suggests But I am concerned that today’s de- protection against barriers to free trade among that we wait for the report we requested of bate is being framed as an effort to re- the states, by allowing states, rather than the them. strict E-commerce. Congress, to establish those barriers. Legislation which preempts the Advisory Ironically, this bill does not even I am also concerned that the thrust of this Commission on Electronic Commerce regard- mention Internet and would have no ef- legislation is to allow states to use the Federal ing wine will have the effect of setting a prece- fect on the direct shipment of alcohol courts to obtain direct jurisdiction over small dent in regulation of the Internet before the and other products just as long as businesses located in other states in a manner Commission has done its' work. We are mov- those shipments comply with State which invites abuse of the court system and a ing into an arena that all of us have not had law. trampling of the rights of out-of-state citizens the opportunity to think through, and our nar- The issue today is whether a State in order to satisfy the demands of politically row attempts with wine may end up with far- should have the right to take action powerful local interests. Allowing the federal reaching impacts on the sale of anything against a company that violates the courts to be used as enforcement machinery through the Internet. That is why Andy law of that State by shipping alcohol for state action seems to me a huge expan- Sernovitz, the President of the Association for directly to the customer. sion of federalism and a very dangerous Interactive Media (AIM) a 300 member Inter- The 21st Amendment to the Constitu- precedent. net trade group, said; `Ìf they can stop you tion repealed prohibition but gave each Proponents of this legislation claim it is nec- from selling wine on the Internet, books and State the right to regulate the sale of essary to curb the delivery of alcohol product music are next.'' alcoholic beverages. Direct sales, to underage purchasers. I believe that there Mr. Chairman, the National Conference on whether over the Internet, by phone, or are few more important causes than to stem State Legislatures recently passed a resolution through the mail, violate the laws of the tide of underage drinking in this country. A that opposed legislation which allowed federal certain States, make it easier for chil- Health and Human Services survey reflects interference in the purchase and delivery of dren to obtain alcohol, and drain need- that more than half of 18±20 year olds were wine across state borders.'' Forty-one states ed tax revenue. This bill merely gives drinking alcohol in the month prior to the sur- joined in passing that resolution, with only 7 these States an additional tool to stop vey, and an astonishing quarter of that age states supporting this bodies attempt to fed- a practice that is already illegal. group have engaged in binge drinking during eralize state laws. Commerce over the Internet con- the same period. Mr. Chairman, I am not convinced there is tinues to grow at an incredible rate, However, I am convinced that direct ship- an urgent national problem which needs to be and Congress should do nothing to dis- ment of wine, beer or spirits does not con- solved by allowing virtually unprecedented use courage fair growth. But companies in tribute to the problem. The two states with the of federal courts to solve state problems which one State should not be able to dis- highest consumption of winesÐCalifornia and can be addressed by state legislative and judi- regard the laws of another State in an New YorkÐhave long permitted Intrastate cial means. States can make it a crime for a effort to reach new customers. shipments ordered by phone or mail. Surely, if person under 21 to attempt to purchase alco- I urge my colleagues to cast a vote such mechanisms were inherently open to hol. Most have. Why don't the Attorneys gen- for fair Internet commerce and for abuse the authorities in those states would eral in the states prosecute their own citizens States’ rights by passing the 21st have discovered that by now. But they have when they violate state laws? Amendment Endorsement Act. not. Rather than the proposed legislation, alter- Mr. SCARBOROUGH. Mr. Chairman, Manuel Espinoza, Chief Deputy Director of natives include legislation which would encour- I yield 2 minutes to the gentleman the California Alcoholic Beverage Control age the development of open markets so that from Washington (Mr. NETHERCUTT) an- agency has written to Congressman THOMP- consumers can have access to the products other friend and classmate with whom SON and myself that as a result of remote which they wish to purchase. I disagree today. sales of alcohol in California, a practice that I close by quoting for you from a letter by Mr. NETHERCUTT. Mr. Chairman, I has been legal for almost fifty years, the state Florida Attorney General Robert Butterworth thank the gentleman from Florida for has experienced no enforcement problems or urging the veto of a bill making direct inter- his gracious yielding of time even impediments in its ability to enforce laws restate shipment of wine to a Florida consumer though we disagree on this. lated to sales to minors. California has only re- a felony: ``[The bill] is the perfect tool for the My colleagues, I think this is a legis- ceived one complaint about the delivery of al- vested interests who seek additional control lation that is ill-advised. And I com- cohol to underage recipients via interstate mail over the marketplace, at the expense of commend to the sponsors and the managers orders. That complaint originated from a pri- petition and consumer choice.'' today, the gentlemen from Florida, vately organized ``sting'' and subsequent in- The federal government should not em- Massachusetts, and Georgia, to the Na- vestigation determined that the actual delivery, power states to engage in anti-competitive ac- tional Conference of State Legislatures though left at the door, was accepted by the tions favoring their in-state businesses. The vote which occurred on July 29, just a minor's mother. federal government should not use the power few days ago, by a vote of 41–7. Another concern raised by proponents is the of the courts to suppress competition. The fed- Forty-one States oppose H.R. 2031, in- avoidance of state excise taxes by interstate eral government should not expand its reach cluding Massachusetts, Georgia, and shippers. There is no indication that taxes into the private purchases of consumers, or Florida. These State legislators who avoided by shippers constitute a significant the activities of the small businesses, which made this judgment believe that the loss of revenue to any state. It is estimate that make up the largest part of the wine business. direct shipping issue should be resolved interstate direct shipments consist primarily of Mr. Chairman, I thank the gentleman at the State and local levels of govern- ultra premium wine and never constitute more once again for yielding me this time, ment. And so I think there is a dis- than one-half of one percent of a state's total but I must ask my colleagues to join connection here between a perceived wine volume. For the entire country, a tax loss me in opposing the bill. problem, as I see it, by the sponsors and an actual problem. of that magnitude would be $2 million annu- b ally. For the State of Maryland, even if it were 1230 I come from a State and represent a to allow direct shipment of wine, annual tax Mr. DELAHUNT. Mr. Chairman, I district, Washington State, and the losses at full volume would be less than yield 2 minutes to the distinguished Fifth Congressional District, where we $20,000 per year. gentleman from Wisconsin (Mr. BAR- have emerging small wineries who do To address even this minuscule problem, RETT.) direct customer transfers and ship- forty-one members of California's Congres- Mr. BARRETT of Wisconsin. Mr. ments. They are not trying or do not sional delegation have written to the Advisory Chairman, I thank the gentleman from violate the law. But there is a chilling Commission on Electronic Commerce request- Massachusetts for yielding me the effect that this legislation would have ing that the Commission address this problem time. on it on this emerging business. H6866 CONGRESSIONAL RECORD — HOUSE August 3, 1999 It is clear to me that this is a job ‘‘No, sorry, but your State will not let Because all this language says is, if loser to the extent that there is a re- us ship to you. You’re out of luck.’’ they sell alcohol illegally, that States’ striction on these emerging companies Right now a number of States have attorneys general will be able to go to over the Internet. What they do and adopted laws that restrict the rights of court and stop them from selling alco- what they have explained to me very their citizens to order wine from out- hol illegally and stopping interstate clearly is there is a very complicated of-state wineries. This bill would en- bootlegging. process they must go through in order courage more State legislatures to Mr. DELAHUNT. Mr. Chairman, I to ship a bottle of wine or a case of adopt these anti-consumer laws. yield 2 minutes to the gentleman from wine from manufacturer A to customer Is that really what the authors of Missouri (Mr. HULSHOF). B in another State. this legislation want to do, restrict the Mr. HULSHOF. Mr. Chairman, I The Federal Express transfer com- choices of law-abiding adult con- thank the gentleman for yielding me pany has to make sure there is a signa- sumers? the time, especially as time is drawing ture on the other end from an adult Let me quote from the Wall Street short. over the age of 18 able to buy this kind Journal. ‘‘Shutting down shipments of Mr. Chairman, I rise in opposition to of product. And if not, it has to be sent $300 cases of wine is not a reasonable the bill of the gentleman and in the in- back. So it is the shipper and the ship- regulation of intoxicating beverages; it terest of full and complete disclosure. I have got to tell my colleagues that ping company that is the most at risk. is an obstacle to interstate commerce So I urge my colleagues to reject this of precisely the type the Founders in- I am an avid wine enthusiast and that bill. tended to prohibit.’’ my wife and I took our honeymoon va- Mr. DELAHUNT. Mr. Chairman, I What this legislation will do is harm cation to the wineries of California, yield 1 minute to the gentleman from the little guy, the small family vint- and we have enjoyed our subsequent ners and wineries. I have heard from so visits there. But I will tell my col- Tennessee (Mr. GORDON). Mr. GORDON. Mr. Chairman, as I many vintners in my district who leagues, Mr. Chairman, this is not just have listened to the debate this morn- would like to be able to reach more an issue that affects California but one ing, I have discovered that there has consumers throughout the country. that impacts Texas, Oregon, Wash- ington, Virginia, New York. And my been an abundance of debate on pros However, this is not possible without going through a large distributor who own beloved State of Missouri is home and cons of this legislation, contradic- simply will not ship small quantities of to many family-run wineries whose in- tory pros and cons. tentions are not criminal. However, there has been one common wine. And besides, retailers only have so much shelf space and certainly not Instead, these small businesses at- denominator. That common denomi- enough for the wine productioned by tempt to satisfy long-time repeat cus- nator is that no one wants to see the 1,600 small wineries throughout the tomers and cultivate new ones, those Internet used to encourage alcohol United States. who have left those well-worn tourist abuse by minors. So the real question So vintners seek to expand their paths and have chosen to adventure to before us today is how can we stop the businesses and serve their loyal cus- experience the adventure and hospi- Internet from using or being used as a tomers through phone orders or tality of a small but friendly winery. vehicle for alcohol abuse by minors? through the Internet. This bill will These long-time family businesses in After reviewing this legislation, it seek to shut down that avenue of com- my district, one dating back to 1855, seems to me that there is a better way, merce. nonetheless depend on E-commerce, a that this legislation simply oversteps The authors of this legislation claim way to attract new business and sur- and that a better approach would be re- that its purpose is to cut down on un- vive alongside the large wholesalers. quiring sellers and shippers to clearly derage drinking, and that is a noble Mr. Chairman, this law, in my belief, label packages as containing alcohol goal. is unnecessary. I have listened and I and that they obtain proof that the re- As a school nurse for 20 years, I have have accepted the invitation of my cipient is of legal drinking age. worked very hard to fight underaged friend from Florida, and I have listened I am co-sponsoring legislation to do drinking. But this bill is not about to the debate; and I have got to tell my that and would suggest that is a better stopping kids from drinking. If it were, colleagues that I am unmoved by argu- approach. we would think Mothers Against ments offered by the proponents that The CHAIRMAN. The gentleman Drunk Driving would be in favor of it. massive numbers of underage drinkers from Florida (Mr. SCARBOROUGH) has 3 They are not. are searching the Internet for base- minutes remaining. The gentleman California has allowed direct sales ment bargains of bottles of Bordeaux from Massachusetts (Mr. DELAHUNT) for over 20 years, and it has had no to binge with their friends on their par- has 71⁄2 minutes remaining. measurable effect on underage drink- ents’ next night out. I am struck, how- Mr. DELAHUNT. Mr. Chairman, I ing. If we really want to discourage un- ever, by the apparent inconsistency yield 3 minutes to the gentlewoman derage drinking, we should support demonstrated by some of those who are from California (Mrs. CAPPS). programs like Fighting Back in my dis- leading the charge in favor of this Mrs. CAPPS. Mr. Chairman, I thank trict, which works through public measure. my colleague for yielding me the time. awareness initiatives and provides A few weeks ago, the gentleman from Mr. Chairman, I rise in strong opposi- youth services, or we should challenge Georgia, we were leading the charge, a tion to H.R. 2031. This legislation the drug czar to include anti-youth very emotional debate, about the avail- would restrict interstate commerce drinking ads as part of the govern- ability of and access to firearms and and limit consumers’ choices through- ment’s anti-drug ad campaign. whether further restrictions were need- out the country. It would also seriously If this were a bill to cut down on un- ed. Many argued against further intru- harm the small vintners in my district derage drinking, I would be for it. But sions claiming appropriately, in my and around this Nation. it is not. It is an attack on our small view, that additional gun laws were in Let me explain how some people from vintners. violation of the rights of law-abiding our States and districts like to buy Mr. Chairman, I urge my colleagues citizens. wine. They come to places like the cen- to join me in opposition to this mis- Here is my question: If gun manufac- tral coast of California and spend a few guided legislation. turers are immune from civil liability days touring the vineyards and tasting Mr. SCARBOROUGH. Mr. Chairman, in the case of criminal conduct com- the wines of my district and maybe I yield myself 30 seconds to respond to mitted by a violent felon who has pur- they buy some to take home. something that the gentlewoman from chased a firearm, and I support that After they get home, they will dis- California (Mrs. CAPPS) said. immunity, then how can we hold vint- cover they cannot find any wine from She said that this would restrict ners responsible for the unlawful pur- these lovely vineyards in Paso Robles choices of legal purchases of wine. That chases of wine? or the Santa Maria Valley that they is just not the case. If they sell alcohol I urge the defeat. like so much. So they try to order legally, this does not apply to them. If The CHAIRMAN. Both gentlemen some over the phone or through the they sell alcohol illegally, it applies to have 21⁄2 minutes remaining. The man- Internet, until the vineyard tells them, them. ager of the bill has the right to close. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6867 Mr. GOODLATTE. Mr. Chairman, I that we should be here to respect and Ms. ROYBAL-ALLARD. Mr. Chairman, I rise yield 1 minute to the gentleman from provide an opportunity to States that in opposition to H.R. 2031, the 21st Amend- Georgia (Mr. BARR). find themselves with limited capacity ment Enforcement Act. Mr. BARR of Georgia. Mr. Chairman, and ability to enforce their own laws. H.R. 2031's proponents contend that it will I thank the gentleman for yielding me Now, the gentleman from New York address the problem of illegal sales to minors the time. (Mr. RANGEL) spoke to the issue of over the Internet. I strongly support cracking Mr. Chairman, this particular anal- guns. Now, I know I have a disagree- down on underage drinking, but this bill does ogy just put forth by the gentleman ment with my friends from Georgia and nothing to address this serious problem. Rath- from Missouri (Mr. HULSHOF) with gun Florida. But let me say, when it comes er, H.R. 2031 is nothing more than an intra-in- liability is completely misplaced. to that particular issue, I want the dustry battle between liquor wholesalers and We are not saying that anybody laws in Massachusetts relative to guns Internet liquor retailers. Under the guise of should or should not be immune from respected and honored anywhere in this protecting minors from Internet alcohol sales, ultimate illegal use of the alcohol, Nation. this bill's true intent is to tie up Internet liquor such as the drunk driver. This bill sim- b 1245 retailers in federal litigation. ply goes to the shipping into the State I do not want the shipment of fire- Supporters of this legislation have failed to in violation of an existing State law. arms into Massachusetts from Georgia, provide evidence of any wide-spread problem Now, if those States, and we have Florida or California. I want to ensure with illegal, under-age Internet alcohol sales. heard from a number of Members that that my Attorney General has the In fact, in California, we have had telephone are speaking for the wineries, if those right to go to court and have the fire- and mail-ordered wine deliveries since 1963 States have a disagreement with a par- arm laws of Massachusetts respected, and our law enforcement agencies report they ticular alcoholic restrictive law of a initially. have not encountered problems with these de- particular State, then their remedy Another item here, Mr. Chairman. liveries. Moreover, legitimate concerns over should be to go to those State legisla- This is from the New York Times. ‘‘Of- underage Internet purchases of alcohol have tors and change the State laws that re- ficials Struggle to Regulate On-Line been adequately addressed by the industry's late to how liquor can be brought into Sale of Prescription Drugs.’’ I am just practice of visibly labeling shipping packages and distributed within that State. going to quote: as containing alcohol and requiring the signa- But again, to make perfectly clear, The Food and Drug Administration an- ture of persons over the age of 21 for receipt. and let us remove the clouds of the gun nounced steps today to curb the illegitimate Finally, state and federal enforcement mecha- debate and the commerce debate here, sale of prescription drugs over the Internet. nisms already exist to address illegal alcohol this is a bill that simply empowers at- Now doctors are prescribing pills on-line to sales. H.R. 2031 will add a duplicative and un- torneys general of the States to seek patients they have never met in States necessary layer to already existing law. injunctive relief to stop shippers, large where they are not authorized to work. Phar- I find it ironic that one of the chief pro- macies are shipping pills across State lines or small, from shipping into their without the requisite license. ponents of this bill, the National Beer Whole- State in violation of State laws. It does salers Association, actively opposed my efforts The CHAIRMAN. The time of the not affect the legal shipper. to include language in the Treasury-Postal Ap- gentleman from Massachusetts (Mr. I urge support of the bill. propriations Bill to include underage drinking Mr. DELAHUNT. Mr. Chairman, I DELAHUNT) has expired. Mr. SCARBOROUGH. Mr. Chairman, in the billion-dollar anti-drug media campaign yield 30 seconds to the gentleman from I yield myself such time as I may con- administered by the Office of National Drug Oregon (Mr. DEFAZIO). sume. I would just like to say in clos- Control Policy. If the National Beer Whole- Mr. DEFAZIO. Mr. Chairman, I thank ing, again bringing up what I brought salers are so devoted to fighting underage the gentleman for the generous grant up at the very beginning of the debate. drinking, you would think they would have of time. We can talk about a lot of different joined forces with me. Instead, they fought Mr. Chairman, I rise in opposition to things, we can throw red herrings in tooth and nail against establishing an effective the bill. Where in this bill do we target front of the people in this Chamber, effort to combat illegal alcohol use by teen- or state explicitly that what we are but in the end the dividing line of this agers. doing is going after underage pur- bill is between legal alcohol sales and Not only is this bill bad policy, it's also anti- chasers of wine over the Internet or illegal alcoholic sales. business. As small vintners in California and microbrew over the Internet? We have had some people who are across the nation seek innovative ways to pro- This is a very broad bill. The target angry because they say we are trying mote their quality product, they are naturally is much larger than underaged drink- to destroy local wineries. Again, the looking at the marketing opportunities pre- ing and access to alcohol. They are only local wineries that will be de- sented by the Internet. This bill would work di- still going to go down to the concern stroyed will be the local wineries rectly against such marketing and trade oppor- and give the guy an extra couple of whose very existence depends on illegal tunities. bucks who is a bad guy to go into the sales, because their legal sales will not Direct access has been a long-standing store and buy the stuff. They are not be affected. We have people that are problem for the 1,600 family-owned wineries going to do it over the Internet and angry because we are not limiting this who compete with the 10 mega-wineries that buy an expensive case of wine. That is to merely people under 21 years of age. produce 90% of the wine in the United States. not what we are after here. We are try- Their argument seems to be that if you Wholesalers cannot supply all of the unique ing to close down the small wineries are 21 years old and 1 day, then illegal wines available from smaller wineries to the and breweries. bootlegging to you is okay while it is majority of consumers and thus, these small Mr. SCARBOROUGH. Mr. Chairman, not okay to minors. That is just not wineries are excluded from the national mar- how much time do I have remaining? right. ket. The Internet is a vital sales tool for the The CHAIRMAN. The gentleman We have had the argument that this small wineries to directly promote their wines from Florida (Mr. SCARBOROUGH) has is a made-up issue. Again, I do not to consumers. 11⁄2 minutes remaining. The gentleman know how many times we have to read H.R. 2031's true design is simple: it would from Massachusetts (Mr. DELAHUNT) the 30 plus television stations that protect wholesalers of wine, beer and distilled has 2 minutes remaining. have run stings on this thing. spirits from Internet competition. I urge my col- Mr. DELAHUNT. Mr. Chairman, I Also, one thing, going back to what leagues to defeat this proposal and work in- yield myself such time as I may con- my good friend the gentleman from stead to promote interstate trade. Let's sup- sume. Missouri said about gun sales. That is port the 1,600 small wineries in California and Mr. Chairman, I think the point has just not relevant. I will say to the gen- across the United States who are using their been made again and again that this tleman right now, I, too, oppose illegal good business sense to expand markets and particular proposal has nothing what- gun sales across State lines, and I create jobs in their communities. soever to do with impeding the growth think it is very courageous that you do The CHAIRMAN. All time for general of E-commerce in terms of the sales of that, also. Now I am asking you and debate has expired. wine or any spirits or alcohols. everybody in this House to join with Pursuant to the rule, the committee What it has to do is with respect to me and support the banning of illegal amendment in the nature of a sub- State laws. The fact and the reality is alcoholic sales. stitute printed in the bill is considered H6868 CONGRESSIONAL RECORD — HOUSE August 3, 1999 as an original bill for the purpose of issued under paragraph (1) without notice to ment to the Constitution of the United amendment and is considered read. the adverse party and an opportunity for a States, and not to impose an unconstitu- The text of the committee amend- hearing. tional burden on interstate commerce in vio- ment in the nature of a substitute is as ‘‘(3) FORM AND SCOPE OF ORDER.—Any pre- lation of in article I, section 8, of the Con- liminary or permanent injunction or other order stitution of the United States. No State may follows: entered in an action brought under this section enforce under this Act a law regulating the H.R. 2031 shall— importation or transportation of any intoxi- Be it enacted by the Senate and House of Rep- ‘‘(A) set forth the reasons for the issuance of cating liquor that unconstitutionally dis- resentatives of the United States of America in the order; criminates against interstate commerce by Congress assembled, ‘‘(B) be specific in its terms; out-of-State sellers by favoring local indus- SECTION 1. SHORT TITLE. ‘‘(C) describe in reasonable detail, and not by tries, thus erecting barriers to competition reference to the complaint or other document, This Act may be cited as the ‘‘Twenty-First and constituting mere economic protec- the act or acts sought to be restrained; Amendment Enforcement Act’’. tionism. ‘‘(D) be binding upon— ‘‘(c) SUPPORT FOR INTERNET AND OTHER SEC. 2. SHIPMENT OF INTOXICATING LIQUOR ‘‘(i) the parties to the action and the officers, INTERSTATE COMMERCE.—Nothing in this Act INTO STATE IN VIOLATION OF STATE agents, employees, and attorneys of those par- LAW. may be construed— ties; and ‘‘(1) to permit state regulation or taxation The Act entitled ‘‘An Act divesting intoxi- ‘‘(ii) persons in active concert or participation of Internet services or any other related cating liquors of their interstate character in with the parties to the action who receive actual interstate telecommunications services certain cases’’, approved March 1, 1913 (com- notice of the order by personal service or other- ‘‘(2) to authorize any injunction against— monly known as the ‘‘Webb-Kenyon Act’’) (27 wise. ‘‘(A) an interactive computer service (as U.S.C. 122) is amended by adding at the end the ‘‘(e) ADDITIONAL REMEDIES.— defined in section 230(f) of the Communica- following: ‘‘(1) IN GENERAL.—A remedy under this sections Act of 1934 (47 U.S.C. 230(f)); or ‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DIS- tion is in addition to any other remedies pro- ‘‘(B) electronic communication service (a TRICT COURT. vided by law. defined in section 2510(15) of title 18 of the ‘‘(a) DEFINITIONS.—In this section— ‘‘(2) STATE COURT PROCEEDINGS.—Nothing in United States Code). ‘‘(1) the term ‘attorney general’ means the at- this section may be construed to prohibit an au- Mr. GOODLATTE. Mr. Chairman, I torney general or other chief law enforcement thorized State official from proceeding in State offer this amendment along with the officer of a State, or the designee thereof; court on the basis of an alleged violation of any gentleman from California (Mr. COX) ‘‘(2) the term ‘intoxicating liquor’ means any State law.’’. spirituous, vinous, malted, fermented, or other and the gentleman from Michigan (Mr. SEC. 3. EFFECTIVE DATE; APPLICATION OF intoxicating liquor of any kind; AMENDMENT. CONYERS) and with the support of the ‘‘(3) the term ‘person’ means any individual (a) EFFECTIVE DATE.—Except as provided in gentleman from Florida who has of- and any partnership, corporation, company, subsection (b), this Act and the amendment fered the underlying legislation. firm, society, association, joint stock company, made by this Act shall take effect on the date of The amendment to H.R. 2031 clarifies trust, or other entity capable of holding a legal the enactment of this Act. that this bill is not meant to interfere or beneficial interest in property, but does not (b) APPLICATION OF AMENDMENT.—The with legitimate electronic commerce include a State or agency thereof; and amendment made by this Act shall apply only ‘‘(4) the term ‘State’ means any State of the on the Internet. First, the amendment with respect to the importation or transpor- clarifies that the bill in no way super- United States, the District of Columbia, the tation of any intoxicating liquor occurring Commonwealth of Puerto Rico, or any territory after— sedes the recently enacted Internet or possession of the United States. (1) October 31, 1999, or the expiration of the Tax Freedom Act which placed a 3-year ‘‘(b) ACTION BY STATE ATTORNEY GENERAL.— 90-day period beginning on the date of the en- moratorium on new multiple and dis- If the attorney general has reasonable cause to actment of this Act, whichever is earlier, if this criminatory Internet taxes. I strongly believe that a person is engaged in, or has en- Act is enacted before November 1, 1999; or supported passage of that act and do gaged in, any act that would constitute a viola- (2) the date of the enactment of this Act if this not wish to see it compromised. tion of a State law regulating the importation or Act is enacted after October 31, 1999. transportation of any intoxicating liquor, the Second, our amendment clarifies that attorney general may bring a civil action in ac- The CHAIRMAN. The bill shall be this bill in no way extends the powers cordance with this section for injunctive relief considered under the 5-minute rule for of States to interfere with electronic (including a preliminary or permanent injunc- a period not to exceed 2 hours. commerce. It includes language that tion or other order) against the person, as the During consideration of the bill for clarifies that the authority granted to attorney general determines to be necessary to— amendment, the Chair may accord pri- States under this bill is limited to the ‘‘(1) restrain the person from engaging, or ority in recognition to a Member offer- enforcement of State laws regarding continuing to engage, in the violation; and ing an amendment that he has printed ‘‘(2) enforce compliance with the State law. the transportation of alcohol within its in the designated place in the CONGRES- ‘‘(c) FEDERAL JURISDICTION.— borders, not to the legal advertisement ‘‘(1) IN GENERAL.—The district courts of the SIONAL RECORD. Those amendments or sale of alcohol on-line. United States shall have jurisdiction over any will be considered read. Third, our amendment ensures that action brought under this section by an attor- The Chairman of the Committee of injunctive relief is available against ney general against any person, except one li- the Whole may postpone a request for a the entity shipping alcohol in violation censed or otherwise authorized to produce, sell, recorded vote on any amendment and of applicable laws, not against commu- or store intoxicating liquor in such State. may reduce to a minimum of 5 minutes nications companies used by these ‘‘(2) VENUE.—An action under this section the time for voting on any postponed third parties’ activities for advertising may be brought only in accordance with section 1391 of title 28, United States Code, or in the dis- question that immediately follows an- and other communication purposes. trict in which the recipient of the intoxicating other vote, provided that the time for Mr. Chairman, it is important as we liquor resides or is found. voting on the first question shall be a craft laws that apply to the Internet ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND OR- minimum of 15 minutes. and other communications services DERS.— AMENDMENT OFFERED BY MR. GOODLATTE that we avoid imposing liability on ‘‘(1) IN GENERAL.—In any action brought Mr. GOODLATTE. Mr. Chairman, I these service providers for the actions under this section, upon a proper showing by offer an amendment. of third parties. The approach of this the attorney general of the State, the court may amendment is fully consistent with the issue a preliminary or permanent injunction or The Clerk read as follows: other order to restrain a violation of this sec- Amendment offered by Mr. GOODLATTE: approach we have adopted in the Tele- tion. A proper showing under this paragraph Page 6, line 9, strike the close quotation communications Act of 1996 which has shall require clear and convincing evidence that marks and the period at the end. played a very beneficial role in the a violation of State law as described in sub- Page 6, after line 9, insert the following: growth of the Internet over the last 31⁄2 section (b) has taken place. In addition, no tem- ‘‘SEC. 3. GENERAL PROVISIONS. years. porary restraining order or preliminary injunc- ‘‘(a) EFFECT ON INTERNET TAX FREEDOM Mr. Chairman, aiming injunctive re- tion may be granted except upon— ACT.—Nothing in this Act may be construed lief at the individual engaged in the ‘‘(A) evidence demonstrating the probability of to modify or supersede the operation of the commercial activity we are concerned irreparable injury if injunctive relief is not Internet Tax Freedom Act (47 U.S.C. 151 about, not the communications com- granted; and note). ‘‘(B) evidence supporting the probability of ‘‘(b) ENFORCEMENT OF TWENTY-FIRST pany, is a common-sense solution. Un- success on the merits. AMENDMENT.—It is the purpose of this Act to like the seller or transporter engaged ‘‘(2) NOTICE.—No preliminary injunction or assist the States in the enforcement of sec- in an illegal transaction, the commu- permanent injunction or other order may be tion 2 of the twenty-first article of amend- nications company has no idea what August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6869 States the transaction affects and is cial purposes behind the 21st amend- Mr. BARR of Georgia. In other words, not in a position to tailor the trans- ment. But in doing so, in vindicating so long as there is the basis for the reaction to comply with the different the purposes of the 21st amendment, a cipient State’s prohibition on the sale laws of 50 States. Furthermore, Inter- State cannot discriminate as mere eco- of alcoholic beverages to somebody net service providers and other commu- nomic protectionism against other under 21. nications companies are in no position sellers, other producers in the rest of The CHAIRMAN. The time of the to monitor the conduct of their users the United States. I think that this gentleman from California (Mr. COX) or to prevent transactions. Indeed, en- language that is agreed upon all has expired. forcement approaches such as injunc- around makes it clear so that today (On request of Mr. BARR of Georgia, tion to block Internet sites can seri- what we are talking about is alcohol, and by unanimous consent, Mr. COX ously disrupt lawful Internet commu- we are talking about the 21st amend- was allowed to proceed for 1 additional nications and slow the operations of a ment. We are not talking about new- minute.) service provider’s network for all users. found powers of the parochial, of the Mr. COX. Mr. Chairman, I continue Mr. Chairman, if we do not adopt this municipality, the county, the State, to to yield to the gentleman from Geor- amendment, we risk needless legal un- tax or regulate either instrumental- gia. certainty and pointless litigation ities of interstate commerce, particu- b 1300 larly the Internet and other tele- against Internet service providers and Mr. BARR of Georgia. In other words, communications, and neither are we other communications companies. The just to clarify this point, I appreciate talking about new opportunities to tax amendment has the support of groups the indulgence of the gentleman from and regulate the things that move such as America Online, the Commer- California. If in fact the law prohib- across it. We are limiting ourselves, as cial Internet Exchange, Prodigy, PSI iting the sale of alcoholic beverages to properly we should, to those things Net, BellSouth and Bell Atlantic. anyone under the age of 21 in the re- that are covered by the 21st amend- Mr. Chairman, I urge my colleagues cipient State is based on a legitimate ment and nothing else. to adopt the tech-friendly, common- public interest and public safety, not sense solution and pass this amend- Mr. BARR of Georgia. Mr. Chairman, will the gentleman yield? on economic protectionism, then under ment. the scenario that I indicated, the attor- Mr. DELAHUNT. Mr. Chairman, I Mr. COX. I yield to the gentleman from Georgia. ney general of the recipient State rise in support of the amendment. could, under this legislation as pro- I want to applaud the gentleman Mr. BARR of Georgia. Mr. Chairman, if the gentleman would engage in a posed to be amended by the gentleman from Virginia and the gentleman from from California, seek injunctive relief. California. I concur that this is an brief colloquy. It is, then, with the language that the gentleman is proposing Mr. COX. That is correct. What we amendment that is needed and it ad- are trying to do is restate in simple, dresses a problem. I support the here, if in fact hypothetically, if you have the recipient State which pro- easy to understand language the bal- amendment. hibits the sale of alcoholic beverages to ance that the courts, I think, have Mr. COX. Mr. Chairman, I move to properly struck between vindicating strike the last word. anyone under the age of 21 and you have a seller winery in another State the purpose of the 21st amendment and Mr. Chairman, I wish to thank the at the same time making sure that we author of the bill the gentleman from and there is a transaction made over the Internet to sell the alcoholic bev- do not subtract in any way from the Florida (Mr. SCARBOROUGH) and the erage to somebody in the recipient interstate commerce clause. They are gentleman from Virginia (Mr. GOOD- State who is in fact under 21, the lan- both parts of the Constitution, both LATTE) who just offered this amend- read together. I think that the current ment for their excellent work in sup- guage that the gentleman is proposing here, which is really clarifying lan- case law that we have cited and that port not only of the main purpose of we repeat in the statute expresses it as the law but also in another area, and, guage, would not prohibit the attorney general of the recipient State from elegantly and simply as it can be ex- that is, Internet freedom, Internet free- seeking injunctive relief if they can pressed. dom from regulation and Internet free- otherwise meet the burdens of the leg- Ms. LOFGREN. Mr. Chairman, I dom from taxation so that that dy- islation, is that correct? move to strike the requisite number of namic medium can continue to grow Mr. COX. Yes. That is true if the un- words. and prosper. derlying State legislation is itself con- Mr. Chairman, I do want to comment The amendment’s language makes it sistent with the 21st amendment and briefly on the amendment offered by clear that search engines, Internet the interstate commerce clause. the gentleman from California (Mr. service providers, web hosting services Mr. BARR of Georgia. In other words, COX). and other interactive computer serv- if a State, as many States do, have a I will support this amendment. It ices will not be adversely affected by flat out prohibition on the sale of alco- does clarify issues relative to Internet this bill. In addition, the bill makes it holic beverages to a person under the service providers and to the Net itself. clear, as presently written with this age of 21, then the language that the However, I do want Members to know amendment, that it is for the enforce- gentleman is proposing here would not that, although this amendment should ment of the 21st amendment that we prohibit the recipient State from seek- be supported and I intend to vote for it, are granting State attorneys general ing injunctive relief from an out-of- it does not cure other problems that we the power to enter Federal court. This State seller using the Internet to sell find troubling in the underlying bill. is not the beginning of a slippery slope the alcohol to somebody under 21 in The issues relate to the commerce in which new laws can be written to the recipient State? clause and to the conflict between that regulate and tax the Internet under the Mr. COX. Yes. The State law itself is clause and the 21st amendment. This guise of regulating alcoholic beverage authorized, to the extent it is author- conflict continues to be problematic. transactions. To the contrary, it is the ized, by the 21st amendment to the As we discussed at some length in the 21st amendment which will control, Constitution. And because the United Committee on the Judiciary when the and the Supreme Court has told us that States Supreme Court has interpreted bill was considered, the 21st amend- the 21st amendment did not have the the 21st amendment to mean that it ment did not repeal the commerce effect of repealing the interstate com- does not empower States to pass laws clause. So even though this amend- merce clause. Rather, States are free that favor local liquor industries by ment does accommodate the Internet— to regulate within their boundaries the erecting barriers to competition and and I credit the gentleman from Cali- sale, distribution and production of al- that State laws that constitute mere fornia (Mr. COX) for bringing this for- coholic beverages and the importation economic protectionism are not enti- ward and commend the gentleman from of alcoholic beverages produced and tled to the same deference as laws en- Virginia (Mr. GOODLATTE) and the gen- sold elsewhere in order to promote acted to combat the perceived evils of tleman from Michigan (Mr. CONYERS) temperance, in order to maintain their an unrestricted traffic in liquor. We are for their considerable effort on Inter- status as dry States or even counties to simply restating those constitutional net issues—the problem in the under- be dry counties, to promote those so- principles in the statute. lying bill persists. If this bill becomes H6870 CONGRESSIONAL RECORD — HOUSE August 3, 1999 law, State AG’s shall be able to burden doing in this legislation today is open- of these laws not having been tested impermissibly interstate commerce ing up new vistas of taxation and regu- under the commerce clause, we cannot using the cover of the 21st amendment. lation of products that move across the say that we are trying to grandfather Thus, even with this fine amend- Internet. We are restricting ourselves them here against that. ment, the underlying bill continues to only to the four corners of the power The CHAIRMAN. The time of the be overbroad. We can’t seem to agree that States have under the 21st amend- gentleman from Florida (Mr. SCAR- to limit it to the one issue that we all ment. BOROUGH) has expired. agree is significant, namely that we Mr. SCARBOROUGH. And the gentle- (On request of Mr. GOODLATTE, and should not permit or facilitate under- man’s actual language, the language by unanimous consent, Mr. SCAR- age drinking. By contrast, this bill that we have all agreed to, goes again BOROUGH was allowed to proceed for an would allow a variety of arcane blue to the Internet service and not the additional 2 minutes.) laws that have nothing whatsoever to goods, and the goods here being alco- Mr. GOODLATTE. Mr. Chairman, do with underage drinking or any other hol. will the gentleman yield? legitimate concern of the Federal Gov- Mr. COX. Yes, and the reason we hope Mr. SCARBOROUGH. I yield to the ernment to be enforced by a State at- that this is a belt-and-suspenders oper- gentleman from Virginia. torney general in a Federal court. ation, that this is surplusage, but per- Mr. GOODLATTE. What the gen- I will wholeheartedly support this haps not because States and localities tleman is saying is that if there is a amendment, and I sincerely hope it is have been very aggressive about tax- law existing out there or one that may approved, but I intend, even if it is ation and regulation of the Internet. be proposed in the future that is uncon- adopted, to oppose the underlying bill We want to make sure that no State stitutional, we do not want this act, because of the other problems I’ve enu- confuses its power to tax or regulate whether it could or could not, we do merated. alcoholic beverages with a new one not want it to be read as encouraging Mr. SCARBOROUGH. Mr. Chairman, found in this statute or anywhere else anybody in that direction. We want to I move to strike the requisite number to tax or regulate the Internet or the make sure that unconstitutional laws of words. means of interstate communication or are discouraged because they are un- Mr. Chairman, I would like to enter sale. constitutional whether we pass this into a colloquy with the gentleman Mr. SCARBOROUGH. And reclaiming amendment or not. from California (Mr. COX) briefly just my time, I just like to say I agree with Mr. DELAHUNT. Mr. Chairman, will to clarify a few things. the gentleman and the gentleman from the gentleman yield? The gentleman from Georgia (Mr. Virginia (Mr. GOODLATTE) 100 percent, Mr. SCARBOROUGH. I yield to the BARR) was asking the gentleman if a and it is very important that we allow gentleman from Massachusetts. State would still be able to enforce E-commerce to flourish without new Mr. DELAHUNT. I think it is very their alcohol laws, and the gentleman regulations or tax burdens, and I be- important because during the course of said they could. If he can explain the lieve this language does so while still the general debate, mention was made purpose of this clarifying language re- allowing the State to enforce its alco- that this proposal could lead to new garding economic protectionism and a hol laws as it was given the right in taxation, taxation on the Internet; and bill a State legislature passes for the the 21st amendment some 60 or 65 years I think that the colloquy that has oc- mere purposes of economic protec- ago. curred here has clarified that. In fact, tionism. Mr. GOODLATTE. Mr. Chairman, it was the gentleman from California Mr. COX. Mr. Chairman, will the gen- will the gentleman yield? (Mr. COX) who during the 105th session tleman yield? Mr. SCARBOROUGH. I yield to the of Congress was the key sponsor that Mr. SCARBOROUGH. I yield to the gentleman from Virginia. led to the enactment of the morato- gentleman from California. Mr. GOODLATTE. Mr. Chairman, I rium on taxation on the Internet; but Mr. COX. Yes, the language in sec- just want to make it clear that it is my that did not, that did not extinguish tion 1 is now written as section 3(b) on intention and I believe the intention of the right of States to tax on the Inter- Line 17 of the amendment, as reported, the gentleman from California, and he net according to their preexisting tax- states that no State may enforce under may want to speak for himself, that if ation scheme. this act a law regulating the importa- there is an existing State law that Am I correct, Mr. Chairman? tion or transportation of any intoxi- taxes the sale of alcohol in that State Mr. COX. Mr. Chairman, will the gen- cating liquor and with some additional and the sale happens to come into the tleman yield? language interpolated that constitutes State from out of State and the origi- Mr. SCARBOROUGH. I yield to the mere economic protectionism, and that nal purchase was made over the Inter- gentleman from California. is the existing Supreme Court test, and net, that that taxation still applies as Mr. COX. Yes, the purpose of the we wish simply to conform our statute it does with the Internet Tax Freedom Internet Tax Freedom Act was to pre- with that Supreme Court test. Act. The Internet Tax Freedom Act vent new taxes on the Internet and dis- Mr. SCARBOROUGH. Mr. Chairman, does not overturn existing State laws criminatory taxes that prayed upon reclaiming my time, let me ask the on the sale of products from one State the Internet. gentleman another question. to another, just like it does not with a Mr. DELAHUNT. And if the gen- We go to support for Internet and catalogue sale or any other type of tleman yield, nothing that this bill other interstate commerce, and it says sale. It simply imposes a moratorium proposes in any way impacts that mor- nothing in this act may be construed on new taxes on Internet services. atorium. to permit State regulation or taxation Is that a correct statement? Mr. COX. Again, Mr. Chairman, if the of Internet services or any other re- Mr. COX of California. Mr. Chairman, gentleman from Florida will yield? lated interstate telecommunications, will the gentleman yield? Mr. SCARBOROUGH. I yield to the and it is important for us to differen- Mr. SCARBOROUGH. I yield to the gentleman from California. tiate here that we are talking about gentleman from California. Mr. COX. Mr. Chairman, I thank the the actual Internet service itself or the Mr. COX of California. It is certainly gentleman. That is correct. telecommunication service and not the correct as far as the gentleman has AMENDMENT OFFERED BY MR. CONYERS TO THE goods that are sold over the Internet. taken it. I would add to that the fol- AMENDMENT OFFERED BY MR. GOODLATTE Mr. COX. Yes, I think that that is lowing: Mr. CONYERS. Mr. Chairman, I offer correct. Some State laws are unconstitution- a perfecting amendment to the amend- In addition, when combined with the ally and impermissibly discriminatory, ment. preceding section, we make it clear as for example the Hawaii tax that ex- The Clerk read as follows: that the goods that we are talking empted pineapple wine. The Supreme Amendment offered by Mr. CONYERS to the about letting States regulate and tax Court properly said that that was an amendment offered by Mr. GOODLATTE: are alcoholic beverages and those unconstitutional impermissible dis- At the end of the matter proposed to be in- things covered by the 21st amendment, crimination in favor of instate and serted, strike the period and insert a semi- so that it is also true what we are not against out-of-state producers, and all colon and add the following text: ‘‘used by August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6871 another person to engage in any activity legislation and permit selective ify that injunctive relief under the bill is that is subject to this Act.’’. carveouts to that important commit- available against certain shippers of alcohol, Mr. CONYERS. Mr. Chairman, I want ment. and not against providers of communications to thank my friends who have intro- This amendment is supported by services. many groups and organizations, Amer- This important clarification will avoid duced this. I had an amendment quite confusion and needless litigation against similar to it, and I do not think it will ica Online, Bell Atlantic, Bell South, internet service providers and other pro- be necessary to offer it now. But the the Commercial Internet Exchange As- viders of communications services who are perfecting amendment I am offering sociation, Prodigy and PSInet. Wheth- not engaged in the sort of shipments that are will clarify that Internet service pro- er or not one ultimately supports 2031, the subject of the bill. viders and electronic communication this very important amendment de- Thank you very much for your leadership services will be exempted only where serves your vote. Although these on this issue. Sincerely, they are used by another person to en- changes do not address all of my concerns, this is an important improve- AOL. gage in activity covered by the act. BELL ATLANTIC. ment to the legislation, and I urge that Thus, for example, if Yahoo or another BELLSOUTH. Internet provider goes into the busi- the perfecting amendment be accepted COMMERCIAL INTERNET ness of selling or shipping liquor, they and the amendment be supported. EXCHANGE ASSOCIATION. would not be exempted from liability. Among other things the Cox amendment (‘‘CIX’’) Now, Mr. Chairman, Internet com- makes it clear that neither this act nor Webb PRODIGY. merce has opened new doors of oppor- Kenyon are in anyway designed to supersede PSINET. tunities for entrepreneurs around the any other provision of the Constitution, such Mr. GOODLATTE. Mr. Chairman, I country as well as provided consumers as the first amendment or the Commerce move to strike the last word. with a vast array of new choices of clause (including the so-called ``dormant'' Mr. Chairman, I support the per- goods and services; and with the expan- Commerce clause). In this regard, the amend- fecting amendment offered by the gen- sion of commerce over the Internet ment reaffirms the Supreme Court's 1984 de- tleman from Michigan (Mr. CONYERS), comes the added benefit of greater cision in Bacchus Imports v. Dias, 468 U.S. and I commend him for offering this competition which will lead to lower 263 (1984), which held that a state law which amendment. The underlying amend- prices for consumers. imposed an excise tax on sales of liquor but ment that I have offered makes it clear Of course, we do not want people to exempted certain locally produced alcoholic that Internet service providers, those use Internet to violate the law, but we beverages violated the Commerce clause. The who provide interactive computer serv- also do not want to create unnecessary Court concluded that this state legislative ice or an electronic communications and burdensome regulations that will scheme was clearly discriminatory legislation service, would not be subject to the in- hinder this emerging new marketplace, and constituted `èconomic protectionism.'' The junction provided for in the underlying nor do we want to hinder the types of Court noted that `òne thing is certain: The bill if all they did was provide the abil- commercial transactions that permit central purpose of the [Twenty-First Amend- ity to communicate with people and direct contact between producers and ment] was not to empower States to favor were not involved in transactions consumers. local liquor industries by erecting barriers to themselves. The best marketplace is one that pro- competition.'' The Court held that the state's The gentleman from Michigan’s motes robust competition, and there- law was not designed to promote temperance amendment makes it clear that if that fore we want to encourage new en- but was ``mere economic protectionism.'' company, that Internet service pro- The Court has adopted this line of rea- trants to the market and not erect bar- vider, is, in fact, themselves selling the soning in striking down numerous other state riers blocking them. alcoholic beverage, then they would be liquor laws. See e.g., Brown-Forman Distillers As is currently written, the legisla- subject to the injunction, because it Corp. v. New York State Liquor Authority, 476 tion could have negative repercussions adds the language used by another per- U.S. 573 (1986) (relying on Bacchus); Healy v. for the emerging Internet marketplace. son to engage in any activity that is Beer Inst., 491 U.S. 324 (1989) (relying on State alcohol laws often target liquor subject to this act to create an excep- Brown-Forman). See also Capital Cities Cable sold over the Internet, and therefore I tion to the exception already created versus Crisp (holding that a state statute urge that we proceed cautiously when for them to the injunction. which banned the transmission of out of state we grant a Federal forum for these The gentleman’s language is well alcoholic beverage commercials by cable tele- types of State actions to ensure the taken, I support it, and I urge my col- vision stations in the state violated the Com- Internet service providers and other leagues to support it. merce Clause and was outside of the state's telecommunication services do not The CHAIRMAN. The question is on Twenty-First Amendment power); California bear the brunt of the liability. the amendment offered by the gen- Retail Liquor Dealers Ass'n v. Medcal Alu- tleman from Michigan (Mr. CONYERS) b 1315 minum 445 U.S. 97 (1980) (holding that a to the amendment offered by the gen- Another problem is that the bill state wine pricing system violated Sherman tleman from Virginia (Mr. GOODLATTE). gives and encourages the imposition of Antitrust Act and noting that the ``Federal Gov- The amendment to the amendment new Internet taxes by giving States an- ernment retains some Commerce clause au- was agreed to. other forum in which to collect those thority over liquor); Hostetter v. Idlewild Bon Mr. BARR of Georgia. Mr. Chairman, taxes from out-of-State defendants. Voyage, 377 U.S. 324, (1968) (holding that I move to strike the last word. This is a bipartisan and non-controver- the Commerce clause prohibited the State of Mr. Chairman, I do not see the gen- sial improvement, and I hope that my New York from interfering with the sale of al- tleman from California on the floor. perfecting amendment will be accept- cohol to departing international airline travelers Perhaps the gentleman from Virginia ed, which remedies these problems. at a New York airport and that the argument would engage in a colloquy. What we are doing here, I believe, is that the Twenty-First amendment trumps the I think, getting to the intent, the clarifying that this measure cannot be Commerce clause where states regulate alco- Congressional intent of the proposed used as a tool to bring actions against hol is ``patently bizarre,'' `àn absurd over- amendment, as amended, needs further Internet providers and other wired simplification,'' and ``demonstrably incorrect''). clarification. If I could engage the gen- telecommunications services. AUGUST 2, 1999. tleman from Virginia in a brief col- It seems to me we can all agree that Re amendment to H.R. 2031. loquy and elicit from him if he thinks we do not want Internet carriers to be Hon. JOHN CONYERS, it is accurate, just a simple yes or no. the targets of State attorney general Ranking member, House Judiciary Committee, If, in fact, under the legislation as actions to enforce our State alcohol Rayburn House Office, Washington, DC. proposed and as amended, as proposed laws. The amendment also clarifies Hon. BOB GOODLATTE, to be amended by the gentleman from that the legislation does not modify or Rayburn House Office Building, California, if State A has a law on the Washington, DC. supersede the Internet Tax Freedom DEAR REPRESENTATIVE CONYERS AND REP- books that prohibits the sale of alco- Act, in which Congress placed a mora- RESENTATIVE GOODLATTE: We write to express holic beverages to anyone under 21, and torium on new Internet taxes. We do our strong support for the amendment you the attorney general of that State not want to undermine Congress’ prior intend to offer tomorrow to H.R. 2031 to clar- seeks to go into Federal court under H6872 CONGRESSIONAL RECORD — HOUSE August 3, 1999 this law simply based on that law to ant in the recipient State or in the ney general to go into Federal Court seek an injunction to enjoin a seller of shipping State to delay enforcement of and to seek an injunction restraining an alcoholic beverage from State B a valid State alcohol law by claiming the sale of alcohol to minors. Then from shipping that alcoholic beverage that the law creates a barrier to com- later, or maybe in an earlier conversa- into State A and it being directed to or petition, that this language creates a tion, in reference to a dry State, received by somebody under 21 in viola- barrier to competition? whether they could seek an injunction tion of State law, this proposal would Mr. GOODLATTE. That may be an from violating the laws of the State for still allow the attorney general of issue in seeking an injunction, but cer- shipping any alcohol into the State. State A to seek injunctive relief. Is tainly is not the intention of this If you have a dry State that prohibits that correct? amendment, to allow anybody to delay the sale of alcohol, now or in the fu- Mr. GOODLATTE. Mr. Chairman, State enforcement of State laws con- ture, this amendment would not affect will the gentleman yield? trolling the sale of alcohol in their that one way or another. That is the Mr. BARR of Georgia. I yield to the State borders. assurance the gentleman from Georgia gentleman from Virginia. Mr. BARR of Georgia. Finally, are wanted, that the underlying bill would Mr. GOODLATTE. Mr. Chairman, the there any State laws today that would still have the effect the gentleman in- one word answer is yes, and that is cer- be subject to a challenge under this tends, which is that the attorney gen- tainly my intention in offering this proposed language? eral of that State could go into Federal amendment to make sure that the un- Mr. GOODLATTE. Would the gen- court and seek an injunction, but he derlying purpose of the bill is pre- tleman repeat the question? would not be able to seek an injunction served, but make sure that, A, there Mr. BARR of Georgia. Are there any for the sale of alcohol to an adult un- are no efforts here to create new taxes State laws today that would be subject less that sale itself violated that State or new regulations of Internet activi- to a challenge under this proposed lan- law in some way, shape, or form. This ties, and, B, that there is no unconsti- guage by the gentleman from Cali- amendment does not in any way tutionally, and I think that is an im- fornia? change that. portant word we use here, unconsti- Mr. GOODLATTE. I am not aware of Mr. NETHERCUTT. Mr. Chairman, tutionally discriminatory action taken any laws that would be subject to reclaiming my time, I appreciate the by a State that would disfavor out-of- them. However, I would say to the gen- clarification. State purveyors of these products. tleman, the way I read section 3(b) of Mr. Chairman, I want to rise in sup- Mr. BARR of Georgia. Mr. Chairman, the amendment, that if they would be port of the Goodlatte amendment, reclaiming my time, this is the prob- subject to challenge, they would have which I believe improves significantly lem, and maybe the gentleman from already been subject to challenge as on H.R. 2031. The proponents have ar- Florida could listen also, this is the being unconstitutional to begin with. I gued that this bill does not inappropri- problem that I have with this lan- think that portion of this amendment ately interfere with Internet com- guage. It has taken us approximately reinforces the gentleman from Califor- merce. It is true they worked very hard half an hour to debate this, trying to nia’s concern that we do not have any to avoid any reference to the Internet get just a simple yes or no. If State A has a law on the books unconstitutionally discriminatory on this legislation, but the reality is that says no sales of alcoholic bev- treatment, but, if it exists, I think it quite different. A great many of the wine sales we erages to somebody under 21, with this would have been treatable under exist- language, does this modify or in some ing law and certainly would also be are discussing occur over the Internet way limit the ability that the attorney treatable under this law. sites of small wineries. The entrepre- general would have in the bill as pro- Mr. BARR of Georgia. The gentleman neurial owners of these wineries have posed to stop an Internet sale of alco- from Virginia, who has researched learned, like many other small busi- holic beverage coming in from another issue extensively, is not aware of any nessmen and women, that the Internet State to that person? State laws that would be subject to levels the playing field and makes it Mr. GOODLATTE. Mr. Chairman, if challenge under the proposed language possible for small proprietors to reach the gentleman will yield further, it today? customers. These companies cannot af- would not stop the attorney general of Mr. GOODLATTE. None that I know ford sales departments or national ad- a State that wishes to seek an injunc- of. vertising. They are forced by their size tion against a company violating that Mr. NETHERCUTT. Mr. Chairman, I to rely on Internet sales. That is what State’s laws, prohibiting either the move to strike the requisite number of I want to be sure that this legislation sale of alcohol in the State or the sale words. does not prohibit. of alcohol to minors in that State from Mr. Chairman, let me ask the gen- This amendment ensures that Inter- continuing to seek that injunction. I tleman from Virginia further clarifica- net sales by wineries are not treated strongly support the gentleman and tion. I heard the gentleman say in the any differently than any other product. the gentleman from Florida’s efforts to colloquy with the gentleman from The Internet Tax Freedom Act blocked allow the States to go into Federal Georgia that under the example that the imposition of new Internet taxes, court to achieve that injunction. the gentleman from Georgia gave, that and this amendment ensures compli- Mr. BARR of Georgia. Mr. Chairman, the attorney general of a State where ance with that act. reclaiming my time, is it the purpose there was an alleged violation relating Proponents of this legislation have of this amendment to limit the scope of to a sale to a person under 21, I thought called small wineries and brewers boot- the Webb-Kenyon Act? I heard the gentleman say that if there leggers and smugglers, suggesting Mr. GOODLATTE. Mr. Chairman, it was a violation, that the State attor- somehow their intent in selling wine is is not the purpose of this amendment ney general would thereafter be en- criminal. To the contrary, these small to limit the scope of the Webb-Kenyon abled under this amendment to pro- businesses play by the rules and only Act. hibit any further Internet sales into want an opportunity to sell their supe- Mr. BARR of Georgia. Does this that State, even though it was to rior product in the interstate market- amendment create any new right of ac- someone over the age of 21. Did I mis- place. There is no pressing problem of tion to challenge State laws regulating understand the gentleman? minors buying cases of ultra-premium alcohol? Mr. GOODLATTE. Mr. Chairman will wines, and the authors of the legisla- Mr. GOODLATTE. In my opinion, it the gentleman yield? tion have shown no evidence to the does not, and it is not my intention in Mr. NETHERCUTT. I yield to the contrary, notwithstanding the few offering this amendment to in any way gentleman from Virginia. news clips that they have discussed. affect the rights of the States to regu- Mr. GOODLATTE. The gentleman I have talked with wineries in Wash- late the sale of alcohol in their State misheard. The question from the gen- ington State about the supposed prob- as provided by the Twenty-First tleman from Georgia was whether or lem of minors purchasing alcohol. They Amendment to the Constitution. not anything in my amendment would have told me that in fact they know Mr. BARR of Georgia. Would this undermine the purpose of the under- virtually all of their customers. Their language, as proposed, permit a defend- lying bill, which is to allow the attor- buyers have in virtually all cases August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6873 bought wine in person from the winery rection that we should be going, and is The 21st amendment was designed to in the first place. These are repeat cus- clearly a direction that is inconsistent give States the power to regulate alco- tomers who have taken the time to with the changes in the United States’ hol sales within their States, and to travel all the way to rural wineries in economy and the changes in the inter- ban it altogether, if they choose. It was eastern Washington. Once they get national economy. not designed to give States the power home, these customers enjoy the supe- This legislation is a heavy-handed to keep the wine sales of some distribu- rior product that Washington State approach that would chill the rights of tors out while allowing others in. Such provides and that these wineries pro- adults to purchase wine over the Inter- a result flies directly in the face of the vide, and they want to order again. net, unfairly discourage small wineries interstate commerce clause by estab- Many of these customers are from from marketing their products nation- lishing special interest protections for other States and would be unable to wide through E commerce, and create a local distributors. purchase wines with this legislation. new Federal remedy for a problem that Any resident who seeks to buy a rare Small businesses are the actual tar- is already addressed by State and Fed- or obscure vintage of wine not offered get of this legislation. These small eral statutes. by his local distributor with this legis- wineries will never be able to ship their Supporters of this legislation con- lation is simply out of luck. The legis- product through normal distributor tend that the bill is being done at the lation is anticompetitive, it is anti- channels. They simply do not produce behest of States’ rights, but nothing consumer. Unfortunately, it sounds enough to be worth the large distribu- could be further from the truth. As we good. tors’ time. These producers bottle 2,000 saw just in the last week, the National This legislation would do great mis- cases a year, an insignificant amount Conference of State Legislatures over- chief. It injects the strong arm of the to a distributor, but a very significant whelmingly passed a resolution oppos- Federal courts into an area of com- quantity when the survival of these ing this legislation. merce that is best left to the States. It The arguments that this is somehow small businesses is on the line. imposes unnecessary Federal inter- going to result in more alcohol being in We are adding a winery in our State ference in the enforcement of State the hands of minors is also equally of Washington every 18 days. It is a laws, and gives the State Attorney without foundation and substantiation. growth industry that creates new jobs General a new weapon, the Federal Nothing could be further from the in rural areas. These are small court, to favor local over interstate truth. commerce. wineries, specialty wineries. Any Mem- I ask my colleagues to oppose this The result will not balance the scales ber representing constituencies that legislation. We ought to be passing of justice. It will, instead, tip those rely on Internet telemarketing or cata- policies which encourage and provide scales against consumers who have log sales should be concerned about greater opportunity for more families found in the Internet a cornucopia of where this legislation is taking us. to enter into business, for more fami- goods and services heretofore unknown From the perspective of the States, lies to live out a dream. What we are to them. this bill is all about taxation. Any doing here, in so many ways, is imped- I urge us to defeat this legislation. company or industry that is perceived ing that opportunity. to be circumventing State laws, State Also speaking as a wine consumer, I AMENDMENT OFFERED BY MR. BARR OF GEORGIA taxes through mail sales, could run almost think it is un-American because TO THE AMENDMENT OFFERED BY MR. GOOD- LATTE, AS AMENDED afoul of such efforts in the future. This I might live in a particular part of the Mr. BARR of Georgia. Mr. Chairman, is why the National Conference on Leg- country, in a particular State, that I I offer an amendment to the amend- islators has opposed this bill, because am precluded from purchasing a bottle ment, as amended. of a belief that the problem should be of wine over the Internet. That is not The Clerk read as follows: resolved at the State level. I am still what our Founding Fathers had in concerned about this bill, and I urge mind when they passed the interstate Amendment offered by Mr. BARR of Geor- my colleagues to support this amend- gia to the amendment offered by Mr. GOOD- commerce clauses. They had in mind LATTE, as amended: ment. that we would allow for free competi- On page 1 of the amendment offered by Mr. b 1330 tion that would benefit consumers and GOODLATTE, at line 16, strike the words benefit our businesses. ‘‘thus’’ and continuing to the end of line 17, Mr. DOOLEY of California. Mr. I urge my colleagues to oppose this and inserting the following: ‘‘erecting bar- Chairman, I move to strike the req- legislation. riers to competition, and constituting mere uisite number of words. Mr. KOLBE. Mr. Chairman, I move to economic protectionism.’’ Mr. Chairman, I rise in support of strike the requisite number of words. Mr. BARR of Georgia. Mr. Chairman, this particular amendment, but I re- Mr. Chairman, although I rise in sup- this simply cleans up the language. main opposed to the underlying bill. I port of the pending amendment, which It struck a number of us, in trying to oppose the legislation because it is I think certainly improves the bill, I do analyze the final language on this page clearly anti-small business, and it is want to express my concerns about the of the amendment offered by the gen- also anti-consumer. legislation as a whole, H.R. 2031. tleman from Virginia (Mr. GOODLATTE) We are moving into a new economy, This is legislation that directly im- that the words ‘‘thus erecting barriers an economy that is giving opportuni- pacts interstate commerce, and it dras- to competition’’ was unusual language ties for small business people to par- tically tips the scales of commerce in to use in a statutory provision. There- ticipate by offering their products over favor of large wholesale distributors at fore, what we do is simply keep the the Internet. One of the greatest inno- the expense of consumers and small same intent, but clarify it so it reads, vations and greatest opportunities that local vineyards, which rely heavily on ‘‘erecting barriers to competition and we are seeing in E commerce is the fact direct sales for their business. This leg- constituting mere economic protec- that we are almost eliminating all bar- islation gives attorneys general the tionism.’’ riers to entry. We are allowing almost power to sue out-of-State wine and We are just taking out and changing any company to set up and develop a beer distributors in Federal court for the grammar so that it is consistent web page, and they can immediately be violations of State liquor laws. with the earlier language in the par- in a worldwide business. As a recent editorial in the Wall ticular provision. What we are doing with this legisla- Street Journal makes clear, giving Mr. Chairman, I would ask the gen- tion is to preclude a lot of small busi- State attorneys general the power to tleman from Virginia (Mr. GOODLATTE) ness people that are involved in the sue out-of-State vineyards in Federal if he has any problem with the clari- wine industry, that do not have the court can lead to nothing but political fying language. volumes to work with the archaic mischief. What better way for a politi- Mr. GOODLATTE. Mr. Chairman, structure that is currently in place in cally ambitious attorney general to will the gentleman yield? many parts of the country to distribute build political support at home than to Mr. BARR of Georgia. I yield to the their product, from having the oppor- sue out-of-State shippers on behalf of gentleman from Virginia. tunity to have the access to consumers local wholesalers to help keep the com- Mr. GOODLATTE. Mr. Chairman, I that they need. This is clearly not a di- petition out? thank the gentleman for yielding. This H6874 CONGRESSIONAL RECORD — HOUSE August 3, 1999 language is perfectly fine with us. We ders. Under this system alcohol producers go Page 3, line 128, insert ‘‘or firearm’’ after have no objection to the amendment, through state-licensed wholesalers, who must ‘‘liquor’’. and urge its adoption. go through retailers, who alone may sell to Mr. SCARBOROUGH. Mr. Chairman, Mr. DAVIS of Virginia. Mr. Chairman, I rise consumers. Furthermore, Georgia is one of I reserve a point of order on the amend- today to urge my colleagues to support the nineteen `èxpress prohibition'' states that ex- ment. Goodlatte/Conyers/Davis amendment to the pressly outlaw direct shipments of alcohol The CHAIRMAN. A point of order is Twenty-First Amendment Enforcement Act be- from out-of-state. Georgia's system has prov- reserved by the gentleman from Vir- cause it is essential to ensuring that this legis- en quite effective in combating illegal alcohol ginia (Mr. SCARBOROUGH) to the amend- lation does not restrict the growth of Internet sales to minors. ment offered by the gentlewoman from commerce. This amendment clarifies first that While Georgia's alcohol statutes have prov- California (Ms. LOFGREN). the Act does not modify or supersede the en successful throughout the years, the recent Ms. LOFGREN. Mr. Chairman, I offer Internet Tax Freedom Act that we worked hard development of electronic commerce via the this amendment on behalf of myself, as to enact last year under the leadership of my Internet has presented new challenges to pre- well as the gentlewomen from New York, Mrs. MCCARTHY and Mrs. LOWEY. colleague Representative COX. Equally impor- venting illegal shipments of alcohol into our As I mentioned earlier, Mr. Chair- tant is the clarification that an injunctive relief state. Confronted with this new challenge, as well as the difficulty of enforcing its laws in man, in a discussion on the Cox amend- action may not be sought against an Internet ment, I do have concerns about the un- Service Provider. Indeed, enforcement ap- court, Georgia in 1997 enacted statutes making the illegal shipment of alcoholic beverages derlying amendment and its ability to proaches such as injunctions to block Internet constrain interstate commerce unrea- sites can seriously disrupt lawful Internet com- within its borders a felony. This action was necessary to ensure the state would have ju- sonably. However, if this House is in- munications, and slow the operations of a sistent upon pursuing the remedies service provider's network for all other uses. risdiction over violators of its state liquor transportation laws. outlined in the Scarborough bill, I In sponsoring this clarifying amendment would suggest that we ought to provide today with my colleagues, I want to alleviate I believe if states are unable to effectively enforce their laws against illegal interstate those tools equally to the chief law en- the concern I had that in its current form, H.R. forcement officers of our States in the 2031 could be misinterpreted as authorizing shipment of alcoholic beverages, they may also lose some ability to police sales to under- enforcement of gun laws. injunctions by the states against communica- As many of my colleagues know, the age purchasers. Illegal direct shipments also tions companies who are not involved in the State of California has recently passed, deprive the state of the excise and sales tax shipping or importing of liquor, but are simply by wide margins in the assembly and revenue that would otherwise be generated by used by third parties for communications pur- the State Senate, and these measures a regulated state, placing regulated busi- poses. I want to ensure that in enacting this have been signed into law by the Gov- nesses at a distinct commercial disadvantage. legislation, we do not implement a burden- ernor, a whole series of gun safety Finally, if direct shippers violate state law, they some Federal enforcement action that would measures that I believe put California exclude themselves from other state obliga- hamper the growth of the Internet. Not just on the cutting edge of gun safety meas- tions such as submitting to quality control in- when it comes to the sale of alcohol over the ures among the 50 States. spections, licensing requirements, and com- Internet, but we must consider the message It seems to me that, if we are going plying with other restrictions placed upon sell- we send to businessÐfrom the small entre- to give the Attorneys General of the 50 ers of alcohol. States the ability to go into Federal preneurs to large industryÐwhen they make As an advocate of smaller government and commercial decisions about how they use the court to protect their citizens from $20 state's rights, I favor a resolution to this prob- bottles of cabernet, we ought to be at Internet to do business. lem that does not mandate changes to any ex- While the Twenty-First Amendment Enforce- least as willing to give the attorney isting state laws or alter existing case law in- ment Act does not specifically mention the general of the State of California the terpreting the Commerce clause of the Con- Internet, there is no doubt that it is the inmate ability to go into Federal court to prostitution. I believe the Twenty-First Amend- nature of the Internet that has spurred the call tect his citizens against the Tech–DC9, ment Enforcement Act is the common-sense for this legislation. It is my firm belief that Fed- the AK–47, and other weapons of mass solution to this problem as it allows Georgia destruction. eral policy must use market-driven principles the authority to seek enforcement, through a as the underpinning of any enacted legislation Mr. Chairman, as we know, we failed federal district court injunction, of its state laws to come together across the aisle on a affecting the Internet. Despite the Federal regulating the importation or transportation of Government's initiation and financing of the bipartisan basis to adopt gun safety intoxicating liquors without infringing on states' measures earlier in this Congress, but Internet, its expansion and diversity has been rights or creating Constitutional confusion. driven mainly by the private sector. Each we have an opportunity here to at least For these reasons, I support the passage of allow those States that have been more piece of legislation that will change people's H.R. 2031, the Twenty-First Amendment En- commercial behavior must be thoroughly ex- progressive and more receptive to the forcement Act, and urge its adoption. people of the country than has the amined and the consequences understood, The CHAIRMAN. The question is on United States Congress to have an ad- lest we unleash a federal mandate or restric- the amendment offered by the gen- ditional tool to protect the citizens of tion that will harm the Internet's success and tleman from Georgia (Mr. BARR) to the the States who have forward-thinking growth as the primary tool for communication amendment offered by the gentleman State legislatures and forward-think- between people and business. from Virginia (Mr. GOODLATTE), as ing Governors. The Federal Government can be the leader amended. Mr. CONYERS. Mr. Chairman, will in developing incentives to move the Internet The amendment to the amendment, the gentlewoman yield? forward as the primary tool of businesses, as amended, was agreed to. Ms. LOFGREN. I yield to the gen- educators, scholars, students, and the ordi- The CHAIRMAN. The question is on tleman from Michigan. nary citizen. We must ensure the no Govern- the amendment offered by the gen- Mr. CONYERS. Mr. Chairman, I want ment can hinder that development. I ask my tleman from Virginia (Mr. GOODLATTE), to commend the gentlewoman from colleagues to support the Goodlatte/Conyers/ as amended. California (Ms. LOFGREN), who finds it, Davis/Boucher/McCollum/Dunn amendment The amendment, as amended, was as do many of us, ironic that this and guarantee the continued growth of the agreed to. House apparently does not demonstrate Internet as a tool of business. The CHAIRMAN. Are there further the same concern for the dangers of Mr. CHAMBLISS. Mr. Chairman, today, I amendments to the bill? interstate shipment of firearms as they rise in support of the Twenty-First Amendment AMENDMENT OFFERED BY MS. LOFGREN claim to have about the interstate Enforcement Act, which will provide individual Ms. LOFGREN. Mr. Chairman, I offer shipment of alcohol. states the ability to enforce statutes regulating an amendment. If we opened the Federal courts to the distribution and sale of alcoholic bev- The Clerk read as follows: State alcohol suits, we should at least erages within their border, a right guaranteed Amendment offered by Ms. LOFGREN: do the same for firearms. I thank the by the Twenty-First Amendment. Page 21, after line 17, insert the following gentlewoman for making the connec- (and make such technical and conforming Most states, including my home state of changes as may be appropriate): tion in this debate. Georgia, employ a three-tiered system of alco- ‘‘(2) the term ‘firearm’ shall have the Ms. LOFGREN. I thank the gen- hol distribution to control the distribution and meaning given such term in section 921(a) of tleman from Michigan (Mr. CONYERS), sale of alcoholic beverages within their bor- title 18 of the United States Code; the ranking member. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6875 I would note, as to the issue of ger- b 1345 Federal law already provides that, maneness, noting that the gentleman What this amendment does is this when one ships a firearm in interstate from Florida (Mr. SCARBOROUGH) has amendment tries to bring in the gun commerce, it has to be shipped con- reserved a point of order, that it is my amendments. We all agree illegal sistent with State laws, and it has to contention that the amendment is ger- transportation of firearms across State be shipped, for example, to a licensed mane. lines should not be permissible. Unfor- firearms dealer if it is shipped through As we know, the underlying bill deals tunately, illegal alcohol sales being the mails. with issues that are governed by the transported across State lines is still There already, in other words, are Alcohol, Tobacco, and Firearms Bu- being defended by many people here very sever limitations on the inter- reau, as is the issue of guns. It seems to today. state shipment of firearms. And to me, if we are going to give a tool to According to House Practice Ger- open that Pandora’s box or that can of States to use the Federal courts for an maneness section 9: ‘‘One individual worms now to insert into a piece of leg- item that is regulated by ATF, to wit, proposition is not germane to another islation that is very specific, very bottles of cabernet, that we ought to individual proposition.’’ This is clearly clear, very limited, very reasonable, a provide that same remedy and tool to one individual proposition being added whole new issue on which there have States to deal with another item which to another. Accordingly, Mr. Chair- not been hearings, I mean, the oppo- is within the jurisdiction of ATF, to man, the amendment is not germane, nents of the bill of the gentleman from wit, firearms, as defined in title 18 of and I insist on my point of order. Florida earlier were bemoaning the the U.S. Code. The CHAIRMAN. Does the gentle- fact, erroneously as it turns out, be- I would hope that we might move woman from California (Ms. LOFGREN) moaning the fact that there had not apace to adopt this resolution. I have desire to be heard on the point of been hearings and debate and informa- two teenage children. They will be order? tion solicited on his proposed piece of starting high school again this fall. Ms. LOFGREN. Yes, Mr. Chairman. legislation. In fact, as the gentleman They will be starting school, before Mr. Chairman, I believe that the from Florida correctly stated, there this House finishes our annual recess. I amendment is germane. I would ask, have been hearings. There has been in- would like to be able to tell them and clearly even if there is a question as to formation. There has been evidence to to tell their classmates that the House germaneness, it does not need to be support his legislation. of Representatives has done something, raised if all Members agree that the What the gentlewoman from Cali- anything rational, to preserve and to underlying measure should be sup- fornia is now proposing to do is to raise enhance gun safety in America. I think ported by us all. I was glad to hear the another whole issue which has not been we owe that to the mothers and fathers comments of the gentleman from Flor- debated certainly in the context of the across the United States. ida (Mr. SCARBOROUGH) that none of us intent of this legislation. Although we have not been able pre- support the illegal transport of fire- I believe the gentleman from Florida viously to come together, although we arms across State laws. The question is is very correct when he points respect- have not been able to support the gun whose laws? In California, it is now, be- fully to the Chair on section 9 of House safety measures that have passed the cause of what the State legislature has Practice on Germaneness. The pro- United States Senate, although we done, it is illegal. TEC–9s are covered. posed amendment from the gentle- have not been able to deliver that level TEC DC–9s are covered. woman from California has nothing of safety to the American people, we That is not the case under Federal whatsoever to do with the intent or the could act today and at least do this law. So this would allow those States’ effect of the underlying bill proposed much. Attorneys General, the State of Cali- by the gentleman from Florida. So I am hopeful that we can approve fornia, to go to Federal court to en- I rise in support of the reservation on this amendment. It is so important to force California State laws vis-a-vis this and I join the gentleman from me that I believe I would vote for the firearms. Florida (Mr. SCARBOROUGH) in insisting underlying bill, despite the reserva- I hope that we might be able to come on his point of order. I respectfully tions I have, in order to get this impor- together, the gentleman from Florida urge the Chair to strike the amend- tant new enforcement tool for State (Mr. SCARBOROUGH) and I, to allow this ment as not germane and out of order. Attorneys General. amendment to be offered and adopted; The CHAIRMAN. The Chair is pre- POINT OF ORDER and that if he would withdraw his point pared to rule on the point of order. Mr. SCARBOROUGH. Mr. Chairman, of order, we need not discuss the ger- The bill permits a State Attorney I ask to speak on the point of order, maneness issue any further. General to bring a civil action in Fed- the fundamental purpose of the bill is I would hope that he would do that eral court against a person who has to provide the attorney general of any since, if I understood him correctly, he violated a State law regulating the im- State with the authority to bring a agrees or says he agrees with the inten- portation and transportation of intoxi- civil action to the United States dis- tion of the amendment. Therefore, I cating liquor. trict court to enjoin any person or en- would hope, and I do not know if he The amendment offered by the gen- tity that the attorney general has rea- wishes to respond, but I would hope tlewoman from California attempts to sonable cause to believe is engaged in that he might withdraw his objection create an additional Federal cause of any act that would constitute a viola- on this point. action against a person who violates a tion of State law regulating the impor- The CHAIRMAN. Does the gentleman State law regulating firearms. tation or transportation of any intoxi- from Georgia (Mr. BARR) desire to be As stated in section 798a of the House cating liquor. heard on the point of order? Rules and Manual, an amendment must The fundamental purpose of the Mr. BARR of Georgia. I do, Mr. address the same subject as the bill amendment is to expand the single Chairman. Mr. Chairman, I am not under consideration. class of merchandise covered by this quite sure whether the gentlewoman This amendment addresses a separate bill, to wit, intoxicating liquor, by add- from California (Ms. LOFGREN) cor- subject matter (regulating traffic in ing another class of merchandise, to rectly characterized the earlier re- firearms) than that addressed by the wit, firearms, to the one class covered marks of the gentleman from Florida bill (regulating traffic in intoxicating by this bill. (Mr. SCARBOROUGH) who has sponsored liquors). A distinction also exists that the dis- the underlying bill here and who has Accordingly, the amendment is not tinguished ranking member of the risen and asserted and insisted on a germane and the point of order is sus- Committee on the Judiciary did not point of order against the amendment tained. touch on when he said we ought to be of the gentlewoman from California. AMENDMENT OFFERED BY MS. LOFGREN able to blur alcohol and firearms to- I think the gentleman from Florida Ms. LOFGREN. Mr. Chairman, I offer gether in this sort of stew. The main has made very clear that he is opposed an amendment. difference is that none of us here sup- to this amendment. I think the point The Clerk read as follows: port the illegal transportation of fire- that the gentleman was making earlier Amendment offered by Ms. LOFGREN: arms across State lines. is a very accurate one; and that is that On page 6 at the end, insert the following: H6876 CONGRESSIONAL RECORD — HOUSE August 3, 1999 (c) Application of Amendment with regard the high schools in California, even if prive commission of jurisdiction to revoke to Certain Violations of Law. This Act and it is only some modicum of increased license, as statute setting forth five-day pe- the amendment made by this act shall take safety when they return to school in riod was directory, not mandatory, Liquor immediate effect with regard to any viola- September. Act was to be liberally construed, licensee tion of a state law regulating the importa- was not injured by late decision, and Liquor tion or transportation of any intoxicating (Cite as: 657 N.E.2d 1, 212 Ill.Dec. 306) Act did not provide that jurisdiction was liquor which results from any violation of a SIP & SAVE LIQUORS, INC., AN ILLINOIS lost. S.H.A. 235 ILCS 5/1–2, 7–5. state’s firearms laws. CORPORATION, PLAINTIFF-APPELLANT, v. [4] INTOXICATING LIQUORS—108.9— Mr. SCARBOROUGH. Mr. Chairman, RICHARD M. DALEY, MAYOR AND LOCAL LIQ- 223K108.9 I reserve a point of order. UOR CONTROL COMMISSIONER OF THE CITY OF City liquor control commission’s failure to The CHAIRMAN. The gentleman CHICAGO, AND WILLIAM D. O’DONAGHUE, issue reasons for revocation within five-day CHAIRMAN OF THE LICENSE APPEAL COMMIS- period prescribed by state law did not de- from Florida reserves a point of order SION, DEFENDANTS-APPELLEES prive commission of jurisdiction to revoke on the amendment. No. 1–93–0760 license, as statute setting forth five-day pe- Ms. LOFGREN. Mr. Chairman, I be- riod was directory, not mandatory, Liquor lieve that the amendment offered by Appellate Court of Illinois, First District, Third Division, Sept. 6, 1995, Rehearing De- Act was to be liberally construed, licensee myself and by the gentlewoman from nied Nov. 9, 1995 was not injured by late decision, and Liquor New York (Mrs. MCCARTHY) and the Act did not provide that jurisdiction was Liquor retailer sought review of revocation lost. S.H.A. 235 ILCS 5/1–2, 7–5. gentlewoman from New York (Mrs. of retailer’s license by mayor and city liquor LOWEY) adequately addresses the ger- [5] STATUTES—227—361k227 control commissioner. The Circuit Court, Word ‘‘shall’’ generally is mandatory and maneness issue that was the subject of Cook County, Edward C. Hofert, J., denied not directory, but it can be construed as the point of order on the prior amend- relief, and retailer appealed. The Appellate meaning ‘‘may’’ depending on legislative in- ment we offered. Court, Cerda, J., held that: (1) municipal tent. There are a series of cases that relate code section placing time limit on issuance [6] STATUTES—227—361k227 to the interplay between alcohol laws of revocation applied to liquor licenses; (2) Generally, statutory regulations designed of the States and firearms. I would state’s five-day time limit, not code’s 60-day to secure order, system and dispatch in pro- limit, was applicable to revocation of liquor note for the RECORD and will include ceedings, and by disregard of which rights of license; (3) failure to issue revocation within interested parties cannot be injuriously af- for the RECORD two cases: first, the five days did not deprive commission of ju- fected, are not mandatory unless they are case of Davis versus State of Alabama Al- risdiction; (4) retailer was not deprived of accompanied by negative language that im- cohol Beverage Control Board wherein due process; and (5) revocation was war- ports that acts required shall not be done in the court found that the ABC Board in ranted. any other manner or time than designated. Alabama was able to refuse the renewal Affirmed. [7] STATUTES—227—361k227 of liquor licenses for good cause includ- [1] INTOXICATING LIQUORS—106(1)— If statute is mandatory, it prescribes re- ing the discharge of firearms in the 223k106(1) sult that will follow if required acts are not City code section allowing mayor to sus- done; if statute is directory then its terms parking lot of the facility in question. pend or revoke any license issued under code Second, a case from Illinois, Sip and are limited to what is required to be done. and state reasons for any revocation or sus- [8] STATUTES—227—361k227 Save Liquors versus Richard M. Daley, pension within 60 days was applicable to liq- Failure to comply with mandatory provi- Mayor, cited at 657 N.E.2d. 1, provides uor licenses. Chicago, Ill., Municipal Code sion will render void proceeding to which that the Commission may take notice §§ 4–4–280, 4–60–070. provision relates, but strict observance of di- of gun law violations of the State in [1] INTOXICATING LIQUORS—108.1— rectory provision is not essential to validity the proceedings instituted pursuant to 223k108.1 of proceedings. the Illinois liquor laws. City code section allowing mayor to sus- [9] ADMINISTRATIVE LAW AND PROCE- This amendment would allow State pend or revoke any license issued under code DURE—670—15Ak670 and state reasons for any revocation or sus- AGs to utilize the Federal courts to en- Liquor retailer waived issued that he was pension within 60 days was applicable to liq- denied due process because shotgun which re- force the State gun laws relative to liquor licenses. Chicago, Ill., Municipal Code tailer was charged with possessing in license uor law violations. Let me give an ex- §§ 4–4–280, 4–60–070. revocation proceeding was destroyed and po- ample where this might be pertinent. [2] INTOXICATING LIQUORS—10(2)— lice officer was allowed to testify to its For example, as I mentioned earlier, in 223k10(2) measurement, where retailer did not object California, TEC–DC9s are no longer a Liquor control is subject to concurrent ju- to testimony, and did not make motion in legal weapon. risdiction of state and local government; limine at hearing, and did not raise issue It would be possible for a State AG, home-rule municipalities may legislate in until penalty hearing. Mr. Lockyer, to go into Federal Court area of liquor control, except as restricted by [9] INTOXICATING LIQUORS—108.10(4)— state, pursuant to home-rule provisions of 223k108.10(4) and to seek removal of the liquor li- state constitution. S.H.A. Const. Art. 7, § 6. Liquor retailer waived issue that he was cense or the license of a winery when [2] INTOXICATING LIQUORS—11—223k11 denied due process because shotgun which re- the violation of the winery owner re- Liquor control is subject to concurrent ju- tailer was charged with possessing in license lated to the violation of the State risdiction of state and local government; revocation proceeding was destroyed and po- weapons laws. This may be a niche, and home-rule municipalities may legislate in lice officer was allowed to testify to its it is a niche I propose only because of area of liquor control, except as restricted by measurement, where retailer did not object the germaneness issue, given the prior state, pursuant to home-rule provisions of to testimony, did not make motion in limine state constitution. S.H.A. Const. Art. 7, § 6. ruling of the Chair, and given the un- at hearing, and did not raise issue until pen- [3] INTOXICATING LIQUORS—11—223k11 alty hearing. willingness of those who raised the ger- State statute requiring that revocation of [10] CONSTITUTIONAL LAW—287.2(3)— maneness issue to waive or withdraw liquor license be issued within five days of 92k287.2(3) it. hearing prevailed over municipal code sec- Liquor retailer received sufficient notice of But, once again, as I argued earlier, tion imposing 60-day time limitation for charge of possessing sawed-off shotgun, thus, if we are able to do something, any- issuing revocation, as code expanded state’s retailer was not denied due process in license thing to enhance the Nation’s gun safe- time limit and was thus inconsistent with revocation proceeding. U.S.C.A. Const. ty laws, we should do it. As I men- state law. S.H.A. 235 ILCS 5/7–5; Chicago, Ill., Amend. 14. tioned before, school will commence all Municipal Code § 4–4–280. [10] INTOXICATING LIQUORS—108.2— [3] INTOXICATING LIQUORS—15—223k15 223k108.2 across America before our recess has State statute requiring that revocation of Liquor retailer received sufficient notice of ended. This is one of the last opportu- liquor license be issued within five days of charge of possessing sawed-off shotgun, thus, nities the House of Representatives hearing prevailed over municipal code sec- retailer was not denied due process in license will have before our recess to do some- tion imposing 60-day time limitation for revocation proceeding. U.S.C.A. Const. thing, to do something reasonable, to issuing revocation, as code expanded state’s Amend. 14. do something responsible to enhance time limit and was thus inconsistent with [11] INTOXICATING LIQUORS—106(4)— gun safety laws. state law. S.H.A. 235 ILCS 5/7–5; Chicago, Ill., 223k106(4) I would hope that we could come to- Municipal Code § 4–4–280. Presence of sawed-off shotgun on premises [4] ADMINISTRATIVE LAW AND PROCE- of liquor retailer warranted revocation of gether across the aisle on a bipartisan DURE—489.1—15Ak489.1 liquor license; retailer was not improperly basis to do even this modest thing to City liquor control commission’s failure to found guilty of failing to register gun which help guarantee the safety of the chil- issue reasons for revocation within five-day was not registerable, location of shotgun dren of this country and the children of period prescribed by state law did not de- permitted inference that retailer had control August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6877 of gun, and factors both in favor of and city of Chicago, revoked plaintiff’s city of On October 14, 1992, plaintiff moved in the against revocation existed. Chicago retail liquor license. The order stat- trial court to reverse all orders of the com- [12] INTOXICATING LIQUORS—108.10(8)— ed that the proceedings were instituted pur- mission and the appeal commission on the 223k108.10(8) suant to the Liquor Act (Ill. Reve. Stat. 1989, basis that the mayor lost jurisdiction to re- Appellate court may reverse licensing deci- ch. 43, pars. 93.9 through 195). The order made voke the liquor license. The hearings had sion of liquor control commission only if the following findings: (1) on or about Au- terminated on April 4, 1991, and the decision manifest weight of evidence supports oppo- gust 19, 1990, the licensee possessed unregis- was rendered on April 26, 1991, which was site conclusion. tered firearms (Harlin 20-gauge shotgun, later than the mandatory 15-day period. *2 **307 Lamendella & Daniel, Chicago Ruger .357 Magnum firearm, and .25-caliber On October 16, 1992, the commission sus- (Joseph A. Lamendella, Kris Daniel, of coun- automatic firearm) on the licensed premises tained ‘‘charge one’’ and revoked the license. sel), for appellant. in violation of former section 11.1–13 of chap- The following findings of fact were made. Corp. Counsel, Chicago (Susan S. Sher, ter 11.1 of the code (Chicago Municipal Code Shubalis admitted that he first saw the Lawrence Rosenthal, Benna Ruth Solomon, § 11.1–13 (1983) (now codified as Chicago Mu- sawed-off shotgun eight or nine years before Mardell Nereim, of cousel), for appellees. nicipal Code § 8–20–150 (1995))); (2) on or about the burglary and that he did nothing to as- Justice CERDA delivered the opinion of August 19, 1990, the licensee possessed fire- sure that the shotgun was removed from the the court: arms on the licensed premises without pos- premises. Shubalis’s testimony that the gun Plaintiff, Sip & Save Liquors, Inc., an Illi- sessing a firearm owner’s identification card was hidden in the old safe and that he did nois corporation, appeals from the revoca- issued by the State of Illinois in violation of not even think about it after first seeing it tion of its retail liquor license. It argues on State law; and (3) on or about August 29, was not credible. The licensee had a history appeal that: (1) the City of Chicago Local 1990, plaintiff sold or gave alcoholic bev- of three prior violations, one of which re- Liquor Control Commission (the commis- erages on the licensed premises to a person sulted in a fine of $300. The weapon was an sion) lost jurisdiction when it did not timely under 21 years of age in violation of former extremely dangerous type of weapon. In light issue a decision; (2) plaintiff was denied due section 147–14(a) of chapter 147 of the Code of the serious nature of the offense, revoca- process; and (3) revocation was an unreason- (Chicago Municipal Code § 147–14(a) (1983) tion was appropriate. able penalty. (now codified as Chicago Municipal Code § 4– On January 22, 1993, the trial court denied One of the issues in this case is whether 60–140(a) (1993))). plaintiff’s motion to reverse and to reinstate the City of Chicago Local Liquor Control Plaintiff appealed to the City of Chicago the license, denied plaintiff’s motion to re- Commission lost jurisdiction to impose any License Appeal Commission (the appeal com- verse the post-remand order of revocation, sanction when it failed to render a decision mission), which affirmed Daley’s action on and affirmed the order of revocation. within the mandatory 15-day period pre- September 30, 1991. Plaintiff’s petition for re- Plaintiff filed a notice of appeal on Feb- scribed by section 4–4–280 of the Chicago Mu- hearing was denied by the appeal commis- ruary 19, 1993. nicipal Code (the Code) (Chicago Municipal sion on November 6, 1991. I. JURISDICTION Code § 4–4–280 (1990)) and the holding in Puss On December 6, 1991, plaintiff filed a com- Plaintiff first argues that the commission N Boots, Inc. v. Mayor’s License Commission plaint in administrative review against de- lost jurisdiction to impose any sanction (1992), 232 Ill. App. 3d 984, 173 Ill. Dec. 676, 597 fendants Daley and William D. O’Donaghue, when it failed to render a decision within the N.E. 2d 650 or whether instead the Liquor chairman of the appeal commission. Control Act of 1934 (235 ILCS 5/1–1 et seq. On May 6, 1992, the trial court found the 15 days following the hearing as prescribed (West 1992)) (the Liquor Act) of the State of following: (1) finding charge number one by section 4–4–280 of the Code (Chicago Mu- Illinois was applicable. (Harlin 20-gauge shotgun) was sustained; (2) nicipal Code § 4–4–280 (1990)), which was The commission charged in a notice of the other findings were not sustained; (3) the amended in 1992 to expand the time period to hearing to plaintiff that on August 19, 1990, matter was remanded to the commission to 60 days (Journal of the Proceedings of the the Code was violated when Thomas consider its order of revocation with respect City Council of the City of Chicago, July 29, Shubalis, plaintiff’s president, possessed an to finding against the plaintiff on charge 1992, at 20041–42). If the proceedings were ini- unregistered Winchester .22-caliber rifle, a number one. tiated exclusively under the Liquor Act, Harlin 20-gauge shotgun, a Ruger .357 Mag- On June 6, 1992, the commission recon- then the procedural requirements of section num firearm, and a .25-caliber automatic firmed the revocation of the license based on 7–5 of the Liquor Act were not met (235 ILCS firearm. It was also charged that Shubailis the finding that the owner possessed an un- 5/7–5 (West 1995)). The term ‘‘shall’’ was man- violated State law by possessing firearms registered Harlin 20-gauge shotgun. datory and not directory. without possessing an Illinois firearm own- On August 14, 1992, the trial court reversed [1] The first issue is whether section 4–4– er’s identification card. The notice also the order reconfirming revocation and re- 280 of the Code applied to the revocation of charged that on August 29, 1990, plaintiff sold manded the matter for a hearing by the com- plaintiff’s liquor license. It states in part: or gave alcoholic beverages on the licensed mission on the penalty in view of the fact ‘‘The mayor shall have the power to * * * premises to a person under the age of 21 that the charges were modified. The commis- suspend or revoke any license issued under years. sion was ordered not to consider the charges the provisions of this code * * *. The notice stated that the city would that were not sustained by the trial court. It If the mayor shall determine after [a] hear- present evidence of previous acts of mis- was also ordered that both parties would ing that the license should be revoked or sus- conduct. Attached as exhibits were orders of have a full hearing in aggravation and miti- pended, within 60 days he shall state the rea- dispositions of previous charges: (1) sale to a gation. son or reasons for such determination in a minor on November 4, 1983, resulting in a A hearing on the penalty was held on Octo- written order or revocation or suspension warning on July 18, 1984; (2) sale to a minor ber 8, 1992, before the commission. During * * *.’’ on January 11, 1985, resulting in a warning Chicago police officer Lawrence Seidler’s According to the Journal of the Pro- on July 17, 1985; and (3) sale to a minor on testimony, plaintiff made an oral motion in ceedings of the City Council of the City of August 31, 1985, resulting in a $300 voluntary limine based on the following: (1) the charge Chicago, the ordinance was: fine on April 29, 1986. was the failure to exhibit a registration cer- ‘‘intended to ratify prior actions of the A hearing was held before the commission tificate and not the possession of a sawed off Mayor in revoking licenses and * * * shall on January 17, February 14, and April 4, 1991. shotgun; and (2) the shotgun was destroyed apply to all cases in which licenses have been Chicago police officer Anthony Wilczak by the police. The motion was denied. revoked * * * within 60 days of the conclu- testified at the hearing that he responded to Officer Seidler testified that the barrel of sion of a hearing required by Section 4–4–280 a burglary alarm on August 19, 1990, at plain- the shotgun was 14 inches long and that a * * *.’’ Journal of the Proceedings of the tiff’s liquor store. He searched the premises portion of the stock was sawed off. City Council of the City of Chicago, July 29, and found a .357 Magnum revolver and a .25- Thomas Shubalis testified at the hearing 1992, at p. 20042. caliber automatic pistol below the cash reg- that the liquor store had been in business at Section 4–4–280 states that it is applicable ister on the shelf. He asked Shubalis *3**308 the same location for 17 years. He recognized to the revocation of any license, and it does about the guns, and Shubalis said that the the shotgun and had seen it once before on not exempt liquor licenses. Section 4–60–070 guns were his brother’s. Shubalis also said the premises. He did not believe that the of the Code states that a liquor license shall that the did not know where the .22-caliber shotgun was on the premises on August 19, be issued subject to chapter 4–4, the chapter rifle came from and that the sawed-off shot- 1990. The shotgun had been brought in by a in which section 4–4–280 appears. [FN1] (Chi- gun belonged to friend of his brother. He did neighbor who was moving and who was going cago Municipal Code § 4–60–070 (1994).) We find not find a firearm owner’s identification card to pick up the gun in a *4 **309 couple of that section 4–4–280 covers liquor licenses. when he searched Shubalis nor did he find a days. The shotgun had been on the premises ‘‘FN1. Section 4–60–070(a) of title four of city registration for any of the weapons. in a storeroom safe for a number of years but the Code states in part that ‘‘[a] city retail- Chicago police officer Sharon Gaynor testi- he thought it had long been removed and er’s license for the sale of alcoholic liquor fied at the hearing that she recovered in the never even thought of it. The safe was not shall be issued by the local liquor control search a sawed-off 20-gauge shotgun and a used, and it was hardly visible because there commissioner, subject to the provisions of an Winchester rifle, which were found in a large were liquor boxes in front of it. He never had act entitled ‘An Act relating to alcoholic liq- safe in a back storage area. The safe was occasion to open the safe between the time uor,’ approved January 31, 1934, as amended, open, and the guns were lying in the safe. he saw the shotgun and the time of the bur- and subject to the provisions of this chapter On April 26, 1991, Richard M. Daley, mayor glary. He had no registration for the shot- and Chapter 4–4 relating to licenses in gen- and local liquor control commissioner of the gun. eral not inconsistent with the law relating H6878 CONGRESSIONAL RECORD — HOUSE August 3, 1999 to alcoholic liquor.’’ (Emphasis added.) Chi- render a decision within the mandatory time rights of the parties cannot be injuriously af- cago Municipal Code § 4–60–070 (1994).’’ deprived the mayor of jurisdiction. Puss N fected by the failure to act within the time *5 **310 The next issue is whether sec- Boots, 232 I11.App.3d at 987–89, 173 I11.Dec.676, indicated. (Alpern, 38 Ill. App. 3d at 567, 348 tion 7–5 of the Liquor Act states with its re- 597 N.E.2d 650. N.E. 2d 271.) The court also noted that the quirement that a statement of reasons for We agree with the decision rendered in the Liquor Act provided that it was to be lib- revocation be given within five days of hear- Puss N Boots case. The word ‘‘shall’’ in sec- erally construed to protect the welfare of the ing controls over Code section 4–4–280’s time tion 4–4–280 of the Municipal Code of Chicago people. (Alpern, 38 Ill. App. 3d at 567, 348 N.E. frame of 60 days. Section 7–5 of the Liquor is mandatory rather than directory, and the 2d 271.) The five-day provision did not con- Act states in part: commission would have lost jurisdiction tain language denying the exercise of the ‘‘The local liquor control commissioner when the mayor failed to act within the 15- power after the time named and no right of shall within 5 days after [a] hearing, if he de- day period in this case if only the local code plaintiff would be injuriously affected by a termines after such hearing that the license were involved. However, liquor control is failure to serve the revocation order timely. should be revoked or suspended or that the subject to concurrent jurisdiction of the Alpern, 38 Ill. App. 3d at 568, 348 N.E. 2d 271. licensee should be fined, state the reason or State and the city of Chicago. (Easter Enter- Several first district cases have followed reasons for such determination in a written prises, Inc. v. Illinois Liquor Control Com- Alpern; Dugan’s Bistro, Inc. v. Daley (1977), order * * *.’’ 235 ILCS 5/7–5 (West 1995). mission (1983), 114 I11.App.3d 855, 858–59, 70 56 Ill. App. 3d 463, 475, 14 Ill. Dec. 63, 371 N.E. [2] Liquor control is subject to concurrent I11.Dec. 666, 449 N.E.2d 1013.) In this *6 2d 1116; Rincon v. License Appeal Commis- jurisdiction of the State and local govern- **311 case, the order of April 26, 1991, was sion (1978), 62 Ill. App. 3d 600, 606, 19 Ill. Dec. ment. (Easter Enterprises, Inc. v. Illinois issued by Richard M. Daley as mayor and 406, 378 N.E. 2d 1281; Watra, Inc. v. License Liquor Control Commission (1983), 114 Ill. local liquor control commissioner. The order Appeal Commission (1979), 71 Ill. App. 3d 596, App. 3d 855, 858–59, 70 Ill. Dec. 666, 449 N.E. 2d also stated that the proceedings were insti- 600, 28 Ill Dec. 120, 390, N.E. 2d. 102; and Cox 1013.) Home-rule municipalities such as Chi- tuted pursuant to the Liquor Act. In the v. Daley (1981), 93 Ill. App. 3d 593, 595–96, 49 cago may legislate in the area of liquor con- Puss N Boots case the State of Illinois had Ill. Dec. 55, 417 N.E. 2d 745. trol, except as restricted by the State, pursu- no involvement in the revocation of a Chi- Miller v. Daley (1973), 14 Ill. App. 3d 394, ant to the home-rule provisions of the 1970 cago public place of amusement license 397, 302 N.E. 2d 347, stated that the five-day Illinois Constitution (Ill. Cont. 1970, art. VII, whereas in this case the proceedings were limit was mandatory but found that the § 6). (Easter, 114 Ill. App. 3d at 858–59, 70 Ill. conducted subject to the Liquor Act. We find order was served within the period prescribed Dec. 666, 449 N.E. 2d 1013.) Courts have ap- that the Puss N Boots case is distinguishable by the statute so that the conclusion that it proved local liquor ordinances in home-rule from the case sub judice and is not control- was mandatory was dictum. (See Alpern, 38 municipalities that were either more restric- ling. Ill. App. 3d at 568, 348 N.E. 2d 271 (the inter- [4] The next issue is whether the failure to tive than State statutes on the same subject pretation in Miller was dictum).) The weight issue the reasons for revocation within the matter or that placed additional require- of the authority is that the five-day period is five-day period provided by State law de- ments on licenses not found in State stat- directory. prived the commission of jurisdiction. If the utes. Easter, 114 Ill. App. 3d at 859, 60 Ill. *7 **312 We concur with the cases finding five-day requirement of the Liquor Act was Dec. 666, 449 N.E. 2d 1013. that the failure to act in five days does not [3] Section 4–60–070 states that provisions mandatory and not directory, then the fail- result in the loss of jurisdiction because even of the Code chapter relating to licenses in ure to act within the required time meant though the word ‘‘shall’’ is used (1) the Liq- general would govern liquor licenses except the commission did not have jurisdiction to uor Act is to be liberally construed to pro- when they are inconsistent with ‘‘the law react beyond the time limit. See Johnkol, Inc. tect the welfare of the people (235 ILCS 5/1– lating to alcoholic liquor.’’ (Chicago Munic- v. License Appeal Commission (1969), 42 2 (West 1993)), and a construction voiding a ipal Code § 4–60–070 (1994).) The ordinance also I11.2d 377, 383– 84, 247 N.E.2d 901 (failure of late revocation order would not serve the states that the license was subject to the liquor license appeal commission to render a welfare of the people; (2) the license was not provisions of the Liquor Act. The Liquor Act decision within 20 days of filing the appeal as injured by a late decision as he continued to enumerates in section 4–1 certain powers of required by State law resulted in loss of ju- run his business until the license was re- municipalities including the power ‘‘to es- risdiction for noncompliance). voked; and (3) the Liquor Act does not pro- tablish * * * regulations and restrictions [5][6][7][8] Section 7–5 of the Liquor Act vide that jurisdiction is lost after the five- upon the issuance of an operations under states that the local liquor control commis- day period. local licenses not inconsistent with law as sioner ‘‘shall’’ within five days of the hear- the public good and convenience may re- ing state the reasons for revocation. (235 II. DUE PROCESS quire.’’ 235 ILCS 5/4–1 (West 1993). ILCS 5/7–5 (West 1995).) The word ‘‘shall’’ Plaintiff next argues that the plaintiff was The Code’s time limit is not just different generally is mandatory and not directory, denied due process because the shotgun was than State law but expands a time limit es- but it can be construed as meaning ‘‘may’’ destroyed and a police officer was permitted tablished by State law. The longer time pe- depending on the legislative intent. (Village to testify about the measurements of one riod is not a further restriction or an addi- of Mundelein v. Hartnett (1983), 117 barrel of the shotgun. Plaintiff was also de- tional requirement. (Easter, 114 Ill. App. 3d I11.App.3d 1011, 1016, 73 I11.Dec. 285, 454 nied due process because he did not receive at 859, 70 Ill. Dec. 666, 449 N.E. 2d 1013.) The N.E.2d 29.) Generally, statutory regulations notice of the charge of possession of a sawed- Code’s longer time for the issuance of the designed ‘‘to secure order, system and dis- off shotgun. The penalty was based on pos- penalty decision is inconsistent with the patch in proceedings, and by a disregard of session of a sawed-off shotgun, which was a five-day time limit in the Liquor Act. Under which the rights interested parties cannot be separate offense from the charge of posses- the terms of the Code and the Liquor Act, injuriously affected’’ are not mandatory un- sion of an unregistered shotgun. the inconsistent 15- and 60-day limits cannot less they are accompanied by negative lan- [9] Plaintiff did not object to the testi- stand. (Village of Mundelein v. Hartnett guage that imports that the acts required mony concerning the shotgun at the first (1983), 117 Ill. App. 3d 1011, 1015, 73 I11.Dec. shall not be done in any other manner or hearing, which was when the charges were 285, 454 N.E.2d 29 (where there is a conflict time than designated. (Village of Mundelein, tried. A motion in limine was not made at between a statute and an ordinance, the or- 117 I11.App.3d at 1016, 73 I11.Dec. 285, 454 the first hearing. Plaintiff did not raise the dinance must give way).) The State five-day N.E.2d 29.) If a statute is mandatory, it pre- issue of the denial of due process based on limitation for issuing a revocation decision scribes the result that will follow if the re- destruction of the shotgun until the penalty prevails over the Code. quired acts are not done; if the statute is di- hearing. Therefore, that issue was waived. The case of Puss N Boots, Inc. v. Mayor’s rectory then its terms are limited to what is Harbor Insurance C. v. Arthur Andersen & License Commission (1992), 232 I11.App.3d 984, required to be done. (Village of Mundelein, Co. (1986), 149 Ill. App. 3d 235, 240, 102 Ill. Dec. 173 I11.Dec. 676, 597 N.E.2d 650, was an appeal 117 I11.App.3d at 1016, 73 I11.Dec. 285, 454 814, 500 N.E. 2d 707. from an order of the mayor of the city of N.E.2d 29.) The failure to comply with a man- [10] The charge of possessing an unregis- Chicago revoking the public place of amuse- datory provision will render void the pro- tered shotgun was stated in the notice of ment license of the plaintiff. Plaintiff argues ceeding to which the provision relates, but hearing to be a violation of former section that this court should follow the decision in strict observance of a directory provision is 11.1–13 of chapter 11.1 of the Code, which is Puss N Boots. One of the issues in that case not essential to the validity of the pro- now codified as section 8–20–150. Section 8– was whether the mayor had lost jurisdiction ceedings. Village of Mundelein, 117 I11.App.3d 20–150 of the Code requires one to exhibit a to revoke the public place of amusement li- at 1016, 73 I11.Dec. 285, 454 N.E.2d 29. valid registration certificate. (Chicago Mu- cense because of failure to act within a 15- Alpern v. License Appeal Commission nicipal Code § 8–20–150 (1995).) Section 8–20–040 day time period prescribed by ordinance sec- (1976), 38 I11.App.3d 565, 567, 348 N.E.2d 271, of the Code states in part that no person tion 4–4–280. The court pointed out that the was the first decision that held that the Liq- shall within the city possess or have under Code section providing for ‘‘interpretation of uor Act’s five-day requirement was directory his control any firearm unless he holds a language’’ expressly stated that ‘‘[t]he word so that a revocation issued beyond that time valid registration certificate for that fire- ‘shall’ as used in this code is mandatory.’’ was valid and the commissioner did not lose arm. (Chicago Municipal Code § 8–20–040(a) (Puss N Boots, 232 I11.App.3d at 987, 173 jurisdiction. The court adopted the reason (1990).) A sawed-off shotgun is I11.Dec. 676, 597 N.E.2d 650.) The court con- that ordinarily a statute that specifies the unregisterable. (Chicago Municipal Code § 8– cluded that ‘‘shall’’ in section 4– 4–280 was time for the performance of an official duty 20–050(a) (1995).) Although the predecessor of mandatory and therefore the failure to will be considered directory only where the section 8–2–150 was cited in the notice of August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6879 hearing instead of the predecessor of section rule of the local liquor control commission H. Lewis Gillis and Anita L. Kelly of 8–20–040, plaintiff received adequate notice (235 ILCS 5/7–5 (West 1995)), but the violation Thomas, Means & Gillis, P.C., Montgomery, that he was charged with possessing an un- must fairly relate to the control of liquor. for appellee. registered sawed-off shotgun. From the be- Lopez, 120 Ill. App. 3d at 761, 765, 76 Ill.Dec. ROBERTSON, Presiding Judge. ginning of the proceedings plaintiff knew 199, 458 N.E.2d 599. Robert Davis d/b/a Solid Gold, Inc., appeals that possession of a shotgun was the issue. That shotgun was deemed to be especially from a judgment of the trial court upholding dangerous because it was unregisterable. The a decision of the State of Alabama Alcoholic III. REVOCATION presence of this firearm on the premises Beverage Control Board (ABC *449 Board) de- [11] Plaintiff next argues that the revoca- jeopardized the safety of the public because nying a renewal of his lounge liquor license. tion was unreasonable. Plaintiff had no duty employees of the licensee would have access By a letter to the ABC Board dated August to register a firearm and display a registra- to it. On the other hand, the business had 20, 1991, Thomas Sullivan, the City of Mobile tion certificate for a firearm that was been operated for 17 years with only three council member representing the district in unregisterable, that the licensee did not other charges. There were factors going in which Davis operated his business, protested own, and that the licensee did not construc- favor and against revocation. A less severe the renewal of Davis’s liquor license for the tively possess. The revocation order states penalty could have been imposed, but under lounge known as the Solid Gold Social Club that the ordinance violated was section 8–20– the abuse of discretion standard, the revoca- (lounge), stating that he had received several 150 requiring a registration certificate (Chi- tion must be upheld. complaints from nearby residents that cago Municipal Code § 8–20–150 (1995)), but The judgment of the trial court is af- shootings, prostitution, and drug deals had the conduct was described as possession of an firmed. occurred at the lounge. The ABC Board noti- unregistered firearm, which was prohibited Affirmed. fied Davis of protests it had received that by section 8–20–040 Chicago Municipal Code RIZZI and TULLY, JJ., concur. the lounge’s ‘‘operation and location [were] § 8–20–040 (1990)). prejudicial to the health, welfare and morals Plaintiff further argues that the finding of (Cite as: 636 So.2d 448) of the community.’’ possession was erroneously based on the fact ROBERT DAVIS D/B/A SOLID GOLD, INC. v. The ABC Board held a hearing on the pro- that the licensee had knowledge of the pres- STATE OF ALABAMA ALCOHOLIC BEV- tests on September 26, 1991. By a letter dated ence of the shotgun on the premises eight or ERAGE CONTROL BOARD. October 11, 1991, the ABC Board notified nine years earlier. Plaintiff operated the AV92000711 Davis that it had denied a renewal of his liquor license. Davis appealed the Board’s deci- business for 17 years. In a two-year period Court of Civil Appeals of Alabama, Feb. 25, sion to the Mobile County Circuit Court, plaintiff was charged with three separate 1994 sales of alcohol to minors, but there was no which, following an ore tenus hearing, af- Owner of lounge sought review of Alcoholic other record of wrongful conduct. Failure to firmed the Board’s decision. Beverage Control (ABC) Board decision deny- display a certificate was the most venial of The sole issue presented to this court on ing renewal of lounge liquor license. The Mo- the firearms offenses and should have re- appeal is whether the ABC Board’s decision bile Circuit Court, Ferill D. McRae, J., af- sulted in a more lenient sanction of either not to renew Davis’s liquor license for his firmed. Owner appealed. The Court of Civil fine or suspension. There was no evidence lounge was clearly erroneous, unreasonable, Appeals, Robertson, P.J., held that substan- that the shotgun was functional. arbitrary, or an abuse of discretion. The second revocation order issued does tial evidence supported ABC Board’s finding [1][2] The ABC Board may refuse the re- not refer to the specific ordinance violated that operation of lounge was prejudicial to newal of liquor licenses for ‘‘good cause,’’ as plaintiff contends but merely states that health, welfare and morals of community. provided that ‘‘within one month prior to Affirmed. ‘‘charge one’’ was sustained. The order the scheduled date of expiration of such li- [1] ADMINISTRATIVE LAW AND PROCE- should have referred to the first ‘‘finding’’ of censes the applicant shall have been notified DURE—701—15Ak701 by the board of objections to the [renewal] the revocation order, which was that plain- Circuit court review of decision of Alco- tiff possessed an unregistered shotgun, be- signed by persons authorized to do so.’’ § 28– holic Beverage Control (ABC) Board decision 3A–5(b), Ala. Code 1975. The judicial review of cause the first charge in the notice of hear- denying renewal of liquor license is governed such an action in circuit court is governed ing was possession of a rifle. Plaintiff was in- by administrative procedure statute per- by § 41–22–20, Ala. Code 1975. Dawson v. De- formed as to the basis for the revocation. taining generally to judicial review of agen- partment of Environmental Management, 529 Furthermore, the findings of the commission cy actions in contested cases. Code 1975, § 41– So.2d 1012 (Ala. Civ. App. 1988). Section 41–22– were given, and they emphasized the posses- 22–20. 20(k) provides that ‘‘the agency order shall sion of the shotgun. [1] INTOXICATING LIQUORS—102—223k102 be taken as prima facie just and reasonable *8 **313 The licensee was found to have Circuit court review of decision of Alco- and the court shall not substitute its judg- possessed an unregistered gun and was not holic Beverage Control (ABC) Board decision ment for that of the agency as to the weight found guilty of the offense of failing to reg- denying renewal of liquor license is governed of the evidence on questions of fact, except ister the unregisterable shotgun. Therefore by administrative procedure statute per- where otherwise authorized by statute.’’ The the licensee was not punished for failing to taining generally to judicial review of agen- trial court may reverse, modify, or alter a perform an impossible act, and United States cy actions in contested cases. Code 1975, § 41– decision of the ABC Board if the Board’s ac- v. Dalton (10th Cir. 1992), 960 F.2d 121, is dis- 22–20. tion was clearly erroneous, unreasonable, ar- tinguishable. The Dalton court held that due [2] ADMINISTRATIVE LAW AND PROCE- bitrary, capricious, or an abuse of discretion. process barred a conviction under a statute DURE—683—15Ak683 § 41–22–20(k)(6), (7), Ala. Code 1975. In review- that required registration of a firearm where In reviewing trial court’s determination as ing a trial court’s determination as to the the subject firearm could not be legally reg- to propriety of action of Alcoholic Beverage propriety of an ABC Board action, this istered. (Dalton, 960 F.2d at 124.) Section 8– Control (ABC) Board, standard of review of court’s standard of review is the same as 20–040 does not only state that one cannot Court of Civil Appeals is same as that of that of the trial court. Dawson, supra. possese an unregistered gun (which would trial court. Code 1975, § 41–22–20. [3] The record of the ABC Board’s hearing imply that the gun was registerable); the or- [2] INTOXICATING LIQUORS—102—223k102 reflects that the lounge is located in Mobile, dinance precludes possession of any firearm In reviewing trial court’s determination as at 1385 Dr. Martin Luther King, Jr., Avenue, that is unregisterable. Chicago Municipal to propriety of action of Alcoholic Beverage an area of mixed commercial and residential Ordinance § 8–20–040 (1995). Control (ABC) Board, standard of review of properties. Neighborhood residents testified The next issue is whether the licensee pos- Court of Civil Appeals is same as that of that the lounge’s patrons discharged fire- sessed the shotgun within the meaning of trial court. Code 1975, § 41–22–20. arms; brawled in the parking lot; made ex- section 8–20–040(a), which states that no per- [3] INTOXICATING LIQUORS—102—223k102 cessive noise; loitered; trespassed; deposited son shall ‘‘possess, harbor, have under his Substantial evidence supported Alcoholic weapons and narcotics in neighborhood control, * * * or accept’’ Any unregisterable Beverage Control (ABC) Board’s finding that yards; illegally parked their cars; and uri- firearm. (Chicago Municipal Code § 8–20– operation of lounge was prejudicial to nated, defecated, and engaged in sexual ac- 040(a) (1999).) Although there were employees health, welfare and morals of community, tivities on the residents’ property. Sup- who had access to the room where the shot- thus supporting Board’s denial of lounge’s porting testimony was offered by George gun was located, the shotgun was at the li- liquor license renewal, where neighborhood Boan and Kenneth Kirkland, two ABC Board censee’s place of business so that it can be residents testified that lounge patrons dis- employees, and by Sgt. Kay Taylor of the inferred that the licensee had control over charged firearms, brawled in parking lot, Mobile Police Department. Boan, an ABC the area where the shotgun was found. made excessive noise, loitered, trespassed, Board district supervisor, testified that he [12] The appellate court may reverse the deposited weapons and narcotics in yards, had personally observed loitering, noise, and commission’s decision only if the manifest parked illegally, and urinated, defecated, illegal parking at the lounge, and he stated weight of the evidence supports the opposite and engaged in sexual activities on residents’ that during an investigation of the lounge he conclusion. (Lopez v. Illinois Liquor Control property, and residents’ testimony was sup- had been approached by prostitutes working Commission (1983), 120 Ill.App.3d 756, 762–63, ported by testimony of ABC Board employ- the area. Kirkland, an ABC Board agent, 76 Ill.Dec. 199, 458 N.E.2d 599.) Section 7–5 of ees and city police sergeant. Code 1975, § 28– played a videotape that he had made of the the Liquor Act permits revocation if the li- 3A–5(b). parking lot and the area surrounding the censee violated any provisions of the act or *448 Major E. Madison, Jr., Mobile, for ap- lounge; on that tape he had captured an ap- any ordinance of the municipality or any pellant. parent drug deal. Sgt. Taylor presented a H6880 CONGRESSIONAL RECORD — HOUSE August 3, 1999 telephone log listing 95 complaints lodged can yield to the gentleman from Flor- across State lines, we are actually with the police department between January ida for a parliamentary inquiry. talking about gun sales or the trans- 1, 1990, and September 25, 1991, concerning Mr. SCARBOROUGH. Okay. porting of guns inside of a State. Obvi- activities allegedly occurring inside the Ms. LOFGREN. Mr. Chairman, I yield ously, that can already be taken care lounge or on its premises. Davis denied that his patrons were respon- to the gentleman from Michigan (Mr. of inside the State by a State attorney sible for the illegal activities that had oc- CONYERS). general who simply goes to State curred in the vicinity, blaming persons driv- Mr. CONYERS. Mr. Chairman, I court. The State attorney general also ing by and the occupants of a nearby house thank the gentlewoman from Cali- has the power to simply take away the for causing the trouble. However, after a fornia for yielding to me. State liquor license of the person who thorough review of the record, we find that I am glad the gentleman from Flor- is illegally selling guns, and so it is un- the ABC Board heard substantial evidence ida (Mr. SCARBOROUGH) realizes that necessary. that the operation of the lounge was preju- this is perfectly orderly procedure. dicial to the health, welfare, and morals of Again, it is a commingling of two the community. Consequently, we cannot I wanted to just thank the gentle- issues and, as I said earlier, the funda- hold that the Board’s action was clearly er- woman for her persistence in trying to mental purpose of this bill is a single roneous, unreasonable, arbitrary, or an connect at a Federal level the relation- issue, and that is to stop the illegal abuse of discretion. ship between gun safety, the shipment sales of alcohol across State lines. So *450 The judgment of the trial court is af- of firearms, and the shipment of alco- for those reasons and many others, I firmed. holic beverages. There is nothing il- think, once again, we have to go back AFFIRMED. logical or irrational about it. They are THIGPEN and YATES, JJ., concur. to House Practice, Germaneness, sec- both very related subject matter. Mr. CONYERS. Mr. Chairman, will tion 9, which says, ‘‘One individual The need for using these regulations proposition is not germane to another the gentlewoman yield? and looking at them from this perspec- Ms. LOFGREN. I yield to the gen- individual proposition.’’ And this is tive of a Federally licensed firearm tleman from Michigan, the ranking clearly one individual proposition that dealer and wine distributor or alcohol member. is being added to another in a mix, sort beverage distributor are related. Mr. CONYERS. Mr. Chairman, I want of a legislative goo that I think even I am glad that the gentlewoman has to thank the gentlewoman from Cali- gives sausage making a bad name. reformulated her amendment. I think fornia (Ms. LOFGREN) for her insist- Accordingly, Mr. Chairman, I do not it now attaches to this bill with a great ence. believe this amendment is germane and rationality, and it is an amendment on I insist on my point of order. PARLIAMENTARY INQUIRY its own that I support very strongly. Mr. SCARBOROUGH. Mr. Chairman, The CHAIRMAN. Does the gentle- Ms. LOFGREN. Mr. Chairman, I woman from California wish to be I have a parliamentary inquiry. thank the ranking member for his kind The CHAIRMAN. Does the gentle- heard on the point of order? comments. woman from California yield to the Ms. LOFGREN. Yes, Mr. Chairman. POINT OF ORDER gentleman from Michigan (Mr. CON- The CHAIRMAN. The gentlewoman Mr. SCARBOROUGH. Mr. Chairman, YERS)? from California (Ms. LOFGREN) is recog- Ms. LOFGREN. I have yielded to the I rise to speak on the point of order nized. that I reserved. gentleman from Michigan. Ms. LOFGREN. Mr. Chairman, I The CHAIRMAN. The gentleman may Mr. SCARBOROUGH. Parliamentary would disagree with my colleague from state his point of order. inquiry. Is this for the first 5 minutes? Florida on the germaneness issue. In Mr. SCARBOROUGH. Mr. Chairman, Ms. LOFGREN. Yes, it is. the example I gave in my 5 minutes in again, the fundamental purpose of this Mr. SCARBOROUGH. Parliamentary support of my amendment, I mentioned bill is to provide the attorney general inquiry. Is it the rule of the Chair, the issue where we had the possession of any State with the authority to then, that they can yield during the of a Tech DC 9 by the owner of a winery bring a civil action in the United first 5 minutes when a point of order and the holder of a Federal license of a States district court to enjoin any per- has been raised? winery. That is not a State license, son or entity that the attorney general The CHAIRMAN. Does the gentle- that is a Federal license. And in order has a reasonable cause to believe is en- woman from California yield to the to affect that Federal license, recourse gaged in any act that would constitute gentleman from Florida for a par- first of the ATF and later, and argu- a violation of State law regulating the liamentary inquiry? ably necessarily, to the Federal courts, Ms. LOFGREN. I will yield for a par- importation or transportation of in- would be necessary. The State does not liamentary inquiry which has been toxicating liquor. have jurisdiction over the Bureau of stated. May I yield time to the gen- Now, the fundamental purpose of this Alcohol, Tobacco and Firearms. tleman from Michigan (Mr. CONYERS), amendment is again to expand the sin- Further, I would note that the forum the ranking member, under regular gle class of merchandise covered by the of a Federal court gives multi-State order? bill from intoxicating liquor to now The CHAIRMAN. The gentleman adding another class of merchandise, enforcement opportunities that argu- from Florida may state his parliamen- which is firearms to the one class cov- ably are not available to the attorneys tary inquiry. ered by the bill. general by recourse to a State forum. Mr. SCARBOROUGH. Mr. Chairman, Secondly, it makes absolutely no And if that is not the case, if that the parliamentary inquiry, earlier I sense because it adds an unrelated con- turns out to be incorrect, then the en- had tried to yield some time on reserv- tingency in the final line when, again, tire basis for this act being asserted by ing a point of order. reading the amendment, it says: ‘‘This the proponents of the Scarborough bill The CHAIRMAN. The Chair controls Act and the amendment made by this evaporates. Because if the point of the debate on the point of order when it is act shall take immediate effect with gentleman from Florida (Mr. SCAR- raised. regard to any violation of a State law BOROUGH) is that there is adequate rem- Ms. LOFGREN. Mr. Chairman, re- regulating the importation or trans- edy in State court, then there ought to claiming my time, that was on the ger- portation of any intoxicating liquor be adequate remedy in State court for maneness issue. This is on the 5 min- which results from any violation of a alcohol violations as well. utes. State’s firearms laws.’’ As the Chair will note, I did not ask Mr. SCARBOROUGH. I am trying to for a vote on his prior ruling on the b get a ruling from the Chair. 1400 first amendment, because although I The CHAIRMAN. Members will sus- Now that is clearly, clearly, an unre- think an argument, and a good argu- pend. Earlier the gentleman tried to lated contingency. ment, could be made on its germane- yield time during argument on a point Also, I think it is very important to ness, I think that the arguments on of order. That cannot be done under understand that what we are doing germaneness on this amendment are the rules. here is we are commingling again two weak indeed, and I would hope that the The gentlewoman from California issues. Instead of the single issue of al- Chair would allow a vote to be taken (Ms. LOFGREN) controls 5 minutes and cohol that is being illegally shipped on this amendment. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6881 We have gone to great lengths to is made, and I simply want to make it laws on the basis of their regard for make sure it deals with the germane- clear that this is a completely different any and all firearms issues. The Chair ness issue. Consequently, it is much amendment that is being brought for- is of the opinion that the question il- smaller in scope than I think is appro- ward. lustrates the principle that an amend- priate and warranted by the violence What the gentlewoman is pointing ment may relate to the same subject emergency that faces us. But I offer it out is that this is a subset of liquor matter, yet still stray from adherence because at least it is something that violations, and some liquor violations to a common fundamental purpose, by this Congress could do as a show of result from gun violations. She is singling out one constituent element of good faith to the mothers and fathers merely setting a different effective the larger subject for specific and unre- of America who, like myself, are pre- date for those violations. This is just lated scrutiny. paring to send their children back to empowering the States to enforce their The fundamental purpose of the school in just a month or so. own liquor laws, which sometimes in- amendment is not the same as the fun- So I would hope that the Chair would volve gun laws. damental purpose of the bill, nor is it a rule that this is germane, and that ab- So this supports the principle pur- mere component of the larger purpose. sent that, those who have raised the pose of the bill. It in no way is caught Rather, the amendment pursues a pur- point of order might consider with- by germaneness. It is stopping the sale pose that, by its specialized focus, drawing that point of order. I think it of alcohol in violation of State laws. It bears a corollary relationship to that is only fair that this House be given does this by allowing cases where fire- pursued by the bill. The proponent of this amendment the opportunity to do something, arms’ use violate State alcohol laws to has argued that her amendment merely something for gun safety for the moth- be heard immediately. She merely addresses a subset of those State laws ers and fathers of this country. changes the date. already addressed in the bill and is ger- Mr. Chairman, I submitted for the So to argue the same nongermane- mane based on subject matter grounds. ness arguments that were previously RECORD legal citations from the Appel- The Chair would note that general advanced fails to recognize that this is late Court of Illinois on this subject principle found on page 618 of the matter. a substantially different amendment, House Rules and Manual that the The CHAIRMAN. Does the gentleman and that it is clearly germane and is in standards by which the germaneness of from Georgia desire to be heard on the accord with the precedence of the an amendment may be measured are point of order? House. not exclusive. Thus, while the amend- Mr. BARR of Georgia. He does. This amendment does nothing what- ment may arguably address the same The CHAIRMAN. The gentleman soever to expand the scope of the bill. subject matter, or a subset thereof, as from Georgia (Mr. BARR) is recognized. It merely deals with the effective date that of the underlying bill, the funda- Mr. BARR of Georgia. Mr. Chairman, issue, and for that reason I urge that mental purpose of the amendment in looking at this amendment, I have the point of order be rejected. must still be germane under every ap- to conclude that Rube Goldberg is alive The CHAIRMAN. The Chair is pre- plication thereof to that of the bill. and well. If the Chair can figure out pared to rule on the point of order In the opinion of the Chair, the what this amendment means, the Chair raised by the gentleman from Florida. amendment is not germane and the is indeed very smart. The gentleman from Florida raises a point of order is sustained. I think, though, that it can be stated point of order that the amendment of- Are there further amendments to the very clearly, very succinctly, Mr. fered by the gentlewoman from Cali- bill? Chairman, that this is simply an evi- fornia is not germane. AMENDMENT OFFERED BY MS. JACKSON-LEE OF dence of the gun control advocates The bill amends the Webb-Kenyon TEXAS seeking to interject gun control into Act to authorize an attorney general of Ms. JACKSON-LEE of Texas. Mr. any piece of legislation they can at a State to bring a civil action in a Fed- Chairman, I offer an amendment. whatever the cost. And the cost here eral court against a person that an at- Mr. SCARBOROUGH. Mr. Chairman, would be at the price of clarity and torney general has reason to believe I reserve a point of order. germaneness. has engaged in an act in violation of a The CHAIRMAN. The point of order What the gentlewoman is proposing State law regulating the importation by the gentleman from Florida is re- here in bringing in the issue of State or transportation of intoxicating liq- served. firearms laws, which have nothing uor. The bill also establishes certain The Clerk will report the amend- whatsoever to do with the laws of a parameters for Federal judicial pur- ment. State regarding the sale of alcoholic view of an action brought under the The Clerk read as follows: beverages, is to try to bring in an unre- new law. Amendment offered by Ms. JACKSON-LEE of lated contingency. That, Mr. Chair- Clause 7 of Rule XVI, the germane- Texas: Page 6, line 9, strike the close quotation marks and the period at the end. man, is specifically precluded by House ness rule, provides that no proposition Page 6, after line 9, insert the following rules, number 22, on germaneness, enti- on a ‘‘subject different from that under (and make such technical and conforming tled Conditions or Qualifications, consideration shall be admitted under changes as may be appropriate): which I would respectfully quote to the color of amendment.’’ One of the cen- ‘‘SEC. 3. REQUIREMENTS APPLICABLE TO CER- Chair. It says, ‘‘A condition or quali- tral tenets of the germaneness rule is TAIN CARRIERS IN CONNECTION that the fundamental purpose of an WITH DELIVERY OF INTOXICATING fication sought to be added by way of LIQUOR TO A PLACE OF RESIDENCE. amendment must be germane to the amendment must be germane to the ‘‘(a) DELIVERY OF INTOXICATING LIQUOR BY provisions of the bill.’’ fundamental purpose of the bill. NON-GOVERNMENTAL CARRIERS FOR HIRE.—It The provisions of this bill relate sole- The Chair discerns that fundamental shall be unlawful for a nongovernmental car- ly and exclusively to State laws re- purpose of a bill by examining the text rier for hire to knowingly deliver a container garding the sale of alcoholic beverages. of the bill and the report language ac- transported in interstate commerce that They have nothing whatsoever to do companying the bill as evidenced by contains intoxicating liquor to a place of res- the ruling of the Chair on July 18, 1990, idence of any kind if such carrier fails to ob- with firearms violations. This is not tain the signature of the individual to whom germane, it is unrelated, and I urge the recorded in Volume 10, Chapter 28, sec- such container is addressed. Chair to sustain the point of order tion 5.6 of the Deschler-Brown Prece- ‘‘(b) PENALTY.—Whoever violates para- raised by the gentleman from Florida. dents. As indicated on page 5 and 6 of graph (1) shall be liable for a fine of $500.’’. The CHAIRMAN. Does the gentleman the committee report, the underlying Ms. JACKSON-LEE of Texas (during from Michigan wish to be heard on the bill was ‘‘introduced in order to specifi- the reading). Mr. Chairman, I ask point of order? cally provide States with access to unanimous consent that the amend- Mr. CONYERS. Yes, Mr. Chairman. Federal court to enforce their laws reg- ment be considered as read and printed The CHAIRMAN. The gentleman ulating interstate shipments of alco- in the RECORD. from Michigan (Mr. CONYERS) is recog- holic beverages.’’ The CHAIRMAN pro tempore (Mr. nized. The fundamental purpose of the BARRETT of Nebraska). Is there objec- Mr. CONYERS. Mr. Chairman, I rise amendment appears to be to single out tion to the request of the gentlewoman in opposition to the point of order that certain violations of liquor trafficking from Texas? H6882 CONGRESSIONAL RECORD — HOUSE August 3, 1999 Mr. SCARBOROUGH. Objection, Mr. things. There is a new black market in agree with the gentlewoman from Chairman. alcohol. It says State laws are broken. Texas (Ms. JACKSON-LEE) and also the The CHAIRMAN pro tempore. Objec- Today this sensitive marketplace ranking member of the Committee on tion is heard. structure is in jeopardy, a national the Judiciary. This is not consistent at The Clerk will continue the reading. problem with local impact. Television all with the bill, and it is far outside The Clerk continued reading the stations in more than three dozen com- the fundamental scope of this legisla- amendment. munities across the Nation have pro- tion. Mr. SCARBOROUGH. Mr. Chairman, duced investigative reports that docu- Mr. Chairman, again, the funda- I continue to reserve a point of order. ment how easy it is for teenagers to mental purpose of this bill is to provide The CHAIRMAN pro tempore. The use the Internet to acquire beer. the attorneys general of any State gentlewoman from Texas (Ms. JACK- If this is the premise upon which this with the authority to bring civil action SON-LEE) is recognized. legislation has been written, if we are in the United States District Court to Ms. JACKSON-LEE of Texas. Mr. to assist the attorney general in pre- enjoin any person or entity that the at- Chairman, I hope my colleague will see venting illegal intoxicating liquors torney general has reasonable cause to fit to join me in this amendment, and from being shipped across State lines, believe is engaged in any act that I would like to share with him lan- then I would argue that in fact this is would constitute a violation of State guage in H.R. 2031 in particular that an amendment that should be accepted. law regulating the importation or specifically states, ‘‘if the Attorney Because what it asks the carrier to do transportation of an intoxicating liq- General has reasonable cause to believe is to simply get a signature of the indi- uor. that a person is engaged or has engaged vidual on the container that is ad- Now, what we have here from the in any act that would constitute a vio- dressed. gentlewoman from Texas (Ms. JACK- lation of State law regulating the im- I would say to the gentleman from SON-LEE) is actually a new set of sub- portation or transportation of any liq- Florida (Mr. SCARBOROUGH) as well that stantive laws that would actually uor.’’ In part, this provision reads that we need to do what he says the legisla- apply fines, penalties, and hold them we are dealing with the illegal trans- tion is attempting to do and that is to accountable in Federal court for actual portation of liquor. And the supporting respond to underage drinking. criminal or civil penalties. It is a sub- materials that my colleagues have cir- We can all rally around underage stantive approach. culated to even support this legislation drinking, Mr. Chairman. For many of It is very important to remember, in the carriers who are receiving alcohol all goes to the underage drinking of this legislation the only thing we are from the shippers, they are in fact our young people. talking about is providing States’ at- shipping to teenagers, leaving it, get- We realize and have seen documenta- torneys general a procedural mecha- ting no ID, getting no signature, get- tion, Mr. Chairman, that underage nism to go into State courts. ting absolutely nothing. And that al- drinking is more devastating in our So by proposing this bill and if it lows our teenagers, our youth, our col- youth community than drugs. And in- passes, after it passes, we have not pro- lege students to engage in alcohol terestingly enough, the amendment posed any new Federal laws regarding abuse, which enhances and increases that I have just offered, and I might the sale of alcohol. We have not pro- the numbers of those who are abusing add that I would be happy to see if the posed any new civil penalties. We have alcohol. not proposed any new criminal pen- gentleman would accept a friendly I ask the gentleman from Florida to alties. amendment to my amendment or a per- consider this amendment and, as well, fecting amendment that deals with The only thing that we are doing is be happy to offer a friendly amendment providing States’ attorneys general narrowing the opportunity by way of that should say that such requirement requiring the carrier, and I might with a procedural mechanism to go that requires the carriers to get the into court and stop illegal wine sales amend that to be shipper, to in fact signature would be subject to the pas- make sure that they have the signa- that are transported across State lines. sage of a State law. So when the gentlewoman from ture of the individual to whom the con- Mr. CONYERS. Mr. Chairman, will Texas (Ms. JACKSON-LEE) offers this tainer is addressed, which would, in the gentlewoman yield? and of itself, help to bring down the Ms. JACKSON-LEE of Texas. I yield amendment, she is taking us out of amendment of illegal alcohol being to the gentleman from Michigan. this very narrowly limited procedural shipped and transported to youth. Mr. CONYERS. Mr. Chairman, I want safeguard for States’ attorneys general and instead expanding it to a point b 1415 to compliment the gentlewoman from Texas (Ms. JACKSON-LEE). where we are going to have an entirely In particular, materials that were If I understand the amendment, all new class of individuals and businesses sent out by the beer wholesalers, na- she is asking is that the outside pack- that are going to be liable under Fed- tional beer wholesalers, speak to this age have some identifying label that eral law that are going to be able to be issue, as well as some additional new this is alcohol. Is that correct? dragged into Federal court and be held faces and anecdotal stories that tell us Ms. JACKSON-LEE of Texas. Mr. accountable under civil or criminal what happens when young people use Chairman, reclaiming my time, I am penalties. the Internet and these amounts of liq- asking for the signature. Despite the debate that has preceded uor come without any restraint what- Mr. CONYERS. Mr. Chairman, if the this conversation on the floor right soever. gentlewoman would continue to yield, now, there is nothing in my legislation In Greenville, Mississippi, a teenage plus the signature when it is received and in the legislation of the gentleman girl says ordering liquor or alcohol to determine that it is going into the from Massachusetts (Mr. DELAHUNT) over the Internet is easier than walk- proper hands. that would hold anybody accountable ing into a store and buying it. Feb- Ms. JACKSON-LEE of Texas. Mr. under any new civil or criminal pen- ruary 16, 1999, in Boston, Massachu- Chairman, that is correct. alty. Again, it only provides a simple setts, indicates an 18-year-old lies Mr. CONYERS. Mr. Chairman, first procedural safeguard so States’ attor- about his age and uses his own debit of all, I am sure that is consistent with neys general are allowed only to stop card to order wine by the Internet. One the bill. I mean, I hope we do not have the illegal shipment of alcohol into package is left at the door without an a germaneness problem. their States. ID check. One winery uses a deceptive Secondly, it makes pretty good According to House Practice Ger- return label that indicates the package sense. It would seem that those who maneness Section 9, one individual was shipped from a printing company. support the bill might want to make proposition is not germane to another In addition, on May 13, 1999, again this improvement merely because it individual proposition. beer is sent to a 17-year-old. The UPS makes more efficacious the whole proc- This is clearly one individual propo- delivers it to an unmarked box. No ID ess. sition that is being added to another. check. POINT OF ORDER We are clearly bringing in an entirely Materials that the beer wholesalers Mr. SCARBOROUGH. Mr. Chairman, new group of people who will be liable have offered to us have said several I insist on my point of order and dis- under this. We are trying to add new August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6883 Federal regulations, telling shippers, that the addressee and the individual willing to accept this amendment nongovernmental shippers, what they that signs equals the same person. By based on the premise of the legislation may or may not ship and when they that they would determine whether or to reduce underage drinking. ship and how they ship and what proce- not to deliver to underage drinkers. The CHAIRMAN pro tempore. The dures they must go through so they are I think, Mr. Chairman, that we can Chair is prepared to rule on the point not dragged into Federal court and do no less. If this bill is argued on the of order. premise of bringing down underage then held liable. b 1430 So accordingly, Mr. Chairman, this drinking, then I clearly believe this amendment is clearly not germane. amendment should be ruled not only in The gentleman from Florida raises a And I will insist on my point of order. order but should be ruled as germane. point of order that the amendment of- The CHAIRMAN pro tempore (Mr. Mr. BARR of Georgia. Mr. Chairman, fered by the gentlewoman from Texas BARRETT of Nebraska). Does the gentle- I wish to be heard on the point of is not germane. woman from Texas (Ms. JACKSON-LEE) order. Under clause 7 of rule XVI, one of the wish to speak to the point of order? Mr. Chairman, here again, similarly, fundamental tenets of the germaneness Ms. JACKSON-LEE of Texas. Yes, I though not exactly the same as the test is that the amendment must have would, Mr. Chairman. prior amendments, there is a germane- the same fundamental purpose as the Mr. Chairman, I am disappointed in ness issue that jumps to the fore in bill. The fundamental purpose of the my colleague from Florida. And I real- looking at the amendment proposed by bill under consideration is the creation ize that he has turned the debate away the gentlewoman from Texas. of Federal court jurisdiction for civil from the premise of the bill. I would note particularly in the actions arising under State laws regu- Again I say, Mr. Chairman, that this House Practice Volume, Section 27, lating the importation or the transpor- bill was argued on and discussed in the that what the gentlewoman is pro- tation of intoxicating liquor. The fun- Committee on the Judiciary on the posing to do is to amend a bill that damental purpose of the amendment question of underaged drinking. What amends existing law and going beyond offered by the gentlewoman from Texas are we here for on the floor of the the proposed amendment to the exist- is the creation of new Federal prohibi- House? ing law. tions regarding the transportation of Again I refer to H.R. 2031, which says, It says, ‘‘A germaneness rule may intoxicating liquor under Federal law. ‘‘if the attorney general has reasonable provide the basis for a point of order Therefore, the amendment has a dif- cause to believe that a person is en- against an amendment that is offered ferent fundamental purpose and is not gaged or has engaged in any act that to a bill amending existing law.’’ germane. would violate a constitution of State The gentleman from Florida (Mr. The point of order is sustained. CARBOROUGH law regarding the importation or S ) is proposing an amend- AMENDMENT OFFERED BY MS. JACKSON-LEE OF transportation of any intoxicating liq- ment to an existing law in a very nar- TEXAS uor.’’ row respect. Ms. JACKSON-LEE of Texas. Mr. That is what this amendment pro- What the gentlewoman from Texas Chairman, I offer an amendment. poses to do. It proposes to make illegal (Ms. JACKSON-LEE) is proposing to do The Clerk read as follows: for a nongovernmental carrier to de- by way of an amendment to the bill of the gentleman goes beyond that. It in- Amendment offered by Ms. JACKSON-LEE of liver liquor to a place of residence Texas: without a signature. deed would establish not an amend- At the end of the bill, add the following: I have already indicated to the gen- ment to what the gentleman is pro- SEC. 4. EFFECTIVE DATE. tleman from Florida (Mr. SCAR- posing, and that is a change to Section (a) STUDY.—This Act shall not take effect BOROUGH) that I would be more than 28 of the Federal Rules of Procedure re- until 90 days after the Attorney General sub- willing to make it subject to the pas- lating to injunctive relief, but she is mits to the Congress the results of a study to sage of such State law. But we have a proposing a new substantive provision determine the effect the amendment made problem with underage drinking. And of the Federal Criminal Code. by this Act will have on reducing consump- We are talking about two entirely tion of intoxicating liquor by individuals as the materials have indicated, sent who by reason of age may not lawfully pur- out by the supporters of this bill, the different titles of the Federal Code. We are talking here about the Civil Code. chase such liquor. national beer wholesalers who indicate (b) COMPLETION OF STUDY.—The Attorney that, if I might just cite some of their She is talking about a new substantive General shall carry out the study required information, Mr. Chairman, State laws criminal provision. by subsection (a) and shall submit the re- It clearly raises germaneness ques- are broken. A national problem with sults of such study not later than 180 days tions. She is attempting to amend a local impact exists. They cited a num- after the date of the enactment of this Act. bill that amends existing law in a way ber of instances where college students Mr. SCARBOROUGH. Mr. Chairman, that is clearly improper pursuant to were receiving large amounts of alco- I reserve a point of order. precedent and House Practice. The CHAIRMAN pro tempore (Mr. hol and, of course, without any identi- I would urge the Chair to sustain the BARRETT of Nebraska). The gentleman fication and, therefore, engaging in al- point of order raised by the gentleman cohol abuse. from Florida reserves a point of order. from Florida (Mr. SCARBOROUGH). I would simply raise the specter to The CHAIRMAN pro tempore. Does Ms. JACKSON-LEE of Texas. Mr. the gentleman that germaneness is a the gentlewoman from Texas (Ms. Chairman, we commit ourselves as potential waiver to something that is Members of the United States Congress JACKSON-LEE) have further argument on the crisis level. We are at a crisis on the point of order? to not waste the taxpayers’ dollars, to level with the abuse of alcohol by our Ms. JACKSON-LEE of Texas. Yes, solve national crises, and to respond to young people. Mr. Chairman, I do. the immediacy of the issue. As I indi- First of all, I would ask the gen- Mr. Chairman, I am disappointed. cated in all of the underlying argu- tleman from Florida (Mr. SCAR- And I hear the opponents’ arguments. ments and supporting documentation BOROUGH) would he accept a friendly As I indicated, the bill itself speaks that the proponents of this legislation amendment to modify it to make this to the attorney general being able to have utilized, they have utilized the subject to the passage of State laws in prohibit the illegal transfer or inter- premises of teenagers getting alcohol, order to get to the point that we are state transfer of alcohol. The under- underage drinking, the abuse of alco- trying to do? lying arguments for the bill speak to hol. In fact, in their own documenta- Let me say this, Mr. Chairman, in underage drinking. tion, there is a recounting of the trage- particular. We have a situation where My amendment in particular deals dies of what happens when underage our children are being negatively im- with carriers shipping interstate, in drinkers or how they get alcohol. pacted. We have clear evidence that the course of interstate commerce, al- This amendment is a simple request, laws are being broken, that there is no cohol and the requirement thereof for a Mr. Chairman. I would ask my good enforcement. The amendment that I signature to the addressee. friend from Florida to reconsider his offer would provide enforcement. It I cannot imagine the unwillingness of point of order, because it simply asks would encourage carriers to make sure the proponents of this legislation to be for a study to determine the impact of H6884 CONGRESSIONAL RECORD — HOUSE August 3, 1999 this act on underage drinking. It then hol to minors. That certainly is a very General to the State attorneys general asks for the Attorney General to carry important part of it, but I believe it is telling them that illegal wine sales are out the study required by subsection A just as important that we stop illegal occurring. They are occurring. Every- and it asks for these results to be pre- bootlegging to people over 21 years of body knows they are occurring. sented back to us, this Congress, to en- age as it is to stop illegal bootlegging Again the only thing this bill does, sure that what we are trying to do, to for people under 21 years of age. I am the overall bill that she is seeking to bring down the numbers of underage hopeful that the gentlewoman from amend, is it differentiates between ille- drinking and to stop the abuse of alco- Texas will be able to support this over- gal alcoholic sales and legal alcoholic hol, has really occurred by passage of all bill. sales. this legislation. I must say that I was a bit confused Mr. CONYERS. Mr. Chairman, will This is an amendment that deals in committee after she had expressed the gentleman yield? with the question of what is H.R. 2031 her deep concerns about underage Mr. SCARBOROUGH. I yield to the going to accomplish and what are we drinking and said that it was a na- gentleman from Michigan. doing today with the passage of this tional crisis and that it was extraor- Mr. CONYERS. I was wondering over legislation. Does it help the 17-year-old dinarily important for us to stop the il- here on our side, if we strike out the who calls a retailer’s toll-free number legal sales of alcohol to minors and not taking effect for 90 days and make to order a case of beer, she gives a fake then voted against the bill because she this a straight study, would that meet birth date and uses someone else’s said that it applied also to people over the objections and then the approval of credit card, the operator asks why she the age of 21. This is a great first step. the leadership on that side? wants to pay $20 for a $7 case of beer I know the gentlewoman wants to ex- Mr. SCARBOROUGH. Again, my only and the teen says that she cannot get pand and wants to have carriers, non- concern with that is if we strike out that brand where she lives although governmental carriers held liable, the 90 days, I am concerned that that the brand is brewed in Michigan. The wants to put nongovernmental carriers gives in to the argument that this driver’s license is never verified and in a position where they are actually measure strictly is concerned with ille- the package is dropped off on the door- going to be responsible for carding, and gal sales to people under the age of 21. step without an ID. I certainly know that my friends, or The CHAIRMAN pro tempore. The So it is important that we under- perhaps my former friends, in the wine time of the gentleman from Florida stand as we pass this legislation wheth- industry would not want to make Fed- (Mr. SCARBOROUGH) has expired. er or not we are seeing the results that eral Express and UPS and other com- (On request of Mr. CONYERS, and by we should see, whether or not it will mon carriers liable for carding at doors unanimous consent, Mr. SCARBOROUGH impact, as I indicated earlier, the 19- across the United States, because obvi- was allowed to proceed for 2 additional year-old who lies about his age, uses ously their response to that would be minutes.) his own debit card to order wine via to stop transporting wine across State Mr. SCARBOROUGH. I continue to the Internet, one package is left at the lines. yield to the gentleman from Michigan. door without an ID, one winery uses a So I certainly am hopeful that the Mr. CONYERS. Suppose we make it a deceptive return label that indicates gentlewoman will be supportive of the study of the impact of this legislation the package was shipped from a print- overall bill. If she believes that illegal assuming that it passes, so that there ing company. There we are, Mr. Chair- alcohol sales to minors is a national would be no taking of effect and it man, misrepresenting. crisis, then this is the way you stop it. would have no negative implications. Or May 13, 1999, another television The argument that you oppose stop- Mr. SCARBOROUGH. If it will have viewpoint, a 17-year-old orders beer ping illegal bootlegging to minors no negative effect on the effective date, from a Colorado company admitting through a bill form because you also I certainly will consider it. I cannot that she is under 21, the company calls are trying to stop illegal bootlegging give the gentleman an answer right to confirm her age, she again admits to people over the age of 21 is an argu- now, but I certainly would consider she is under 21, beer arrives, anyway, ment that quite bluntly I just do not that. My main concern is that we do left on the doorstep by UPS in an un- understand. I certainly am hopeful not delay implementation of this obvi- marked box, no ID checked. that the gentlewoman is not going to ously, because if it is a national crisis, My amendment simply asks that all oppose this bill if again she is con- as the gentlewoman from Texas says it of the points that we have made today cerned about this national crisis. is, we do not want to waste 3 months. regarding the impact of this legislation Let me also say, further, I am very Mr. BARR of Georgia. Mr. Chairman, on again underage drinking would be pleased that she sees this as a national will the gentleman yield? studied in order to, first of all, assess crisis. I mentioned 30, 35 news stations Mr. SCARBOROUGH. I yield to the what impact legislation like this might across the country that had identified gentleman from Georgia. have, to assist the States, many of this as a national crisis. I was accused Mr. BARR of Georgia. I am still not whom do not have legislation like this. of being clever and somehow, I do not quite sure what the purpose of a study Most of them have the 21 requirement know, I guess somehow getting these 35 just to have a study is. Members on the but they do not have the requirement stations from San Francisco to Wash- other side have spoken very eloquently dealing with shipper’s labeling, they do ington, DC to do this. I wish I could in committee as well as on the floor not require the requirement of signa- have had that influence in the media. I today recognizing that there is indeed tures, none of that is required, and this do not. I think it is helpful, though, a very serious national problem with is a study, Mr. Chairman, that would that the gentlewoman understands underage drinking. That conclusion simply be able to provide us with the that there is a national crisis out there has been reached in the absence of a necessary information. but the national crisis is not limited to magical study by the Attorney Gen- The CHAIRMAN pro tempore. Does illegal alcoholic sales for people that eral. So we all know there is a problem the gentleman insist upon his point of are under the age of 21. Illegal boot- out there. This bill has nothing to do order? legging is occurring across the country with Federal authorities. This bill has Mr. SCARBOROUGH. No, I do not. now, people of all ages. to do with the authorities of State at- The CHAIRMAN pro tempore. The I do obviously withdraw the point of torneys general, not the United States gentleman from Florida withdraws the order that I reserved. I do understand Attorney General. I think this is point of order. the purpose of this amendment. I will makework, I do not think we need this, Mr. SCARBOROUGH. Mr. Chairman, not be supporting this amendment. I do and I would urge my colleagues, and es- I rise in opposition to the amendment. not think we need to stall an addi- pecially the gentleman from Florida, Let me, first of all, respond to some tional 90 days. If it is a crisis, I do not to oppose the amendment as unneces- things that have been said by the gen- think we should give minors or people sary and costly. The Attorney General tlewoman from Texas. She has been over 21 an additional 3 months to pur- of the United States has far too many saying them several times today re- chase alcohol illegally over the Inter- issues, including what I presume my garding the main purposes of this bill net. Likewise, I do not think you need colleagues on the other side would being to stop the illegal sales of alco- a study for 180 days from the Attorney agree is inadequate enforcement of gun August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6885 laws already, and now we are saying under age drinkers, but also illegal I urge my colleagues to support this amend- take some of those scarce resources bootlegging for all ages? Would he be ment, and to oppose this bill. and conduct a study of an issue that we willing to do that? The CHAIRMAN. All time authorized are not even proposing here because Mr. CONYERS. Yes, we are looking under the rule for consideration of what we are proposing here is the au- at an impact of this entire legislation. amendments is now expired. thority of State attorneys general, not So we have taken out the specific ref- The question is on the amendment the U.S. Attorney General. I would op- erences. offered by the gentlewoman from Texas pose the amendment. Mr. SCARBOROUGH. So, Mr. Chair- (Ms. JACKSON-LEE). Mr. SCARBOROUGH. Reclaiming my man, all aspects of this legislation, in- The question was taken; and the time, let me ask the gentleman, is he cluding lost revenues to States to en- Chairman announced that the noes ap- saying here that it is his position that force their laws. peared to have it. this study would not delay the imple- Mr. CONYERS. Absolutely. Ms. JACKSON-LEE of Texas. Mr. mentation of this? Mr. SCARBOROUGH. Mr. Chairman, Chairman, I object to the vote on the Mr. CONYERS. Absolutely. I am try- I have got to say I have no objection to ground that a quorum is not present ing to save time actually, I am trying that. I would like to see the draft. and make the point of order that a not to go to a vote and all of that, if we Mr. CONYERS. Mr. Chairman, we as- quorum is not present. could merely have the impact of the sure the gentleman that there is noth- The CHAIRMAN. The Chair will legislation studied, which is not incon- ing but fairness exuding from this side count for a quorum. sistent with anything in the bill, nor of the aisle, no underhanded motives, Ms. JACKSON-LEE of Texas. Mr. anything that either of us on either and the impact study of the legislation, Chairman, can we ask unanimous con- side have debated in this matter. nothing could be more neutral than sent for additional time of 10 minutes? The CHAIRMAN pro tempore. The that. It is always better when we can work Mr. SCARBOROUGH. Certainly, and time of the gentleman from Florida together. if the gentleman would yield, if the I ask unanimous consent for an addi- (Mr. SCARBOROUGH) has again expired. tional 10 minutes to be able to respond Mr. CONYERS. Mr. Chairman, I move gentlewoman would withdraw this to these concerns and work out some of to strike the last word. amendment and then have the modified the issues that we are working on. Mr. Chairman, what we are trying to language offered at the desk, I would The CHAIRMAN. The Chair con- do is suggest that there be a study, an have no objection to that. Mr. CONYERS. There is no other way tinues to count for a quorum, but the impact study on the legislation if and we can do that. gentlewoman from Texas is advised when it is passed. I do not think that I want to assure the gentleman that that the Committee of the Whole can- will hurt anybody pro or con. It should from my point of view there is no other not entertain such a unanimous con- be very helpful to us, particularly on way we can proceed without with- sent request to change the rule adopted the Committee on the Judiciary, who drawing this and advancing the other, by the House. will be looking at this matter across and because I know the gentleman’s Does the gentlewoman withdraw her the years. This is not some fly-by-night good faith is no less than mine, I am request? provision. And it expedites time. We prepared to go that way. Ms. JACKSON-LEE of Texas. Can the are working under 2 hours of amend- Mrs. MALONEY of New York. Mr. Chair- Chair restate the motion that he can- ments. The gentlewoman from Cali- man, I rise in opposition to this bill and in sup- not entertain for clarification? fornia has an amendment she would port of the amendment offered by my friend The CHAIRMAN. The Committee of like to put forward. It would save us a from California. the Whole may not entertain such a vote. I think that without a not taking I share the concern of my friend from Flor- unanimous consent request. effect for 90 days taken out of this, we ida and other supporters that we must do ev- Ms. JACKSON-LEE of Texas. All are in a position to move forward expe- erything possible to reduce underage drinking, right, Mr. Chairman. I now withdraw ditiously. and I would be proud to vote for this bill if I my request for a vote. Mr. SCARBOROUGH. Mr. Chairman, thought it would achieve that goal. The CHAIRMAN. The request for a will the gentleman yield? But in reality, Mr. Chairman, this bill will do vote on Amendment No. 4 offered by Mr. CONYERS. I yield to the gen- little to stop underage drinking while potentially the gentlewoman from Texas (Ms. tleman from Florida. crippling an industry that is very important to JACKSON-LEE) is withdrawn. Mr. SCARBOROUGH. We have con- our nation and to my home state of New York. The amendment is rejected. cerns from the gentleman from Georgia New York, like many other states across the The question is on the committee regarding the cost of this. Is there any country, has a thriving wine industry domi- amendment in the nature of a sub- estimate, CBO estimate or any other nated by small vineyards. stitute, as amended. estimate on what the cost of this study These vineyards have taken advantage of The committee amendment in the would be? Because certainly if it is a the Internet to sell their products across the nature of a substitute, as amended, was national crisis, as you say it is, it is nation. agreed to. certainly something that we need to The vast majority of these sales are to re- The CHAIRMAN. Under the rule, the address and we need to know the depth sponsible adult consumers. Committee rises. of that national crisis and certainly we This legislation threatens these small Accordingly, the Committee rose; know what kind of impact this is hav- wineries by permitting other states to seek ac- and the Speaker pro tempore (Mr. CAL- ing. tion in federal court to block them from distrib- VERT) having assumed the chair, Mr. BARRETT of Nebraska, Chairman of the b 1445 uting their wines. This bill is an unjustified intrusion by the Committee of the Whole House on the Mr. CONYERS. Mr. Chairman, let me federal government into matters that should be State of the Union, reported that that comfort the gentleman by saying that left to the states. It is opposed by the National Committee, having had under consider- I am sure that the Attorney General Conference of State LegislaturesÐthe very ation the bill (H.R. 2031) to provide for has one or two or three people who same people that this bill is supposed to be injunctive relief in Federal district could conduct a study here that would helping. Moreover, it would effectively give court to enforce State laws relating to be negligible in the budget of the De- states the authority to regulate interstate com- the interstate transportation of intoxi- partment of Justice. I think cost would merce, in direct violation of the Constitution. cating liquor, pursuant to House Reso- be no immediate concern whatsoever. Mr. Chairman, the real purpose of this bill is lution 272, he reported the bill back to Mr. SCARBOROUGH. Mr. Chairman, not to prevent underage drinking. The real the House with an amendment adopted if the gentleman would yield one more purpose of this bill is to protect the large beer by the Committee of the Whole. time? and wine wholesalers from competition from The SPEAKER pro tempore. Under Mr. CONYERS. Of course. independent producers, like many of the small the rule, the previous question is or- Mr. SCARBOROUGH. Mr. Chairman, wineries found in my home state of New York. dered. is the gentleman also willing to get rid The amendment, by contrast, will target our Is a separate vote demanded on the of the age issue and not only look at efforts toward preventing underage drinking, amendment to the committee amend- under-age, illegal alcohol sales to where they belong. ment in the nature of a substitute H6886 CONGRESSIONAL RECORD — HOUSE August 3, 1999 adopted by the Committee of the Menendez Rodriguez Stump So the bill was ordered to be en- Metcalf Roemer Stupak Whole? If not, the question is on the Mica Rogan Sununu grossed and read a third time and was committee amendment in the nature of Miller (FL) Rogers Sweeney read the third time. a substitute. Miller, Gary Ros-Lehtinen Talent The result of the vote was announced The committee amendment in the Mink Rothman Tancredo as above recorded. Moakley Roukema Tanner nature of a substitute was agreed to. Moore Royce Taylor (MS) b 1515 The SPEAKER pro tempore. The Moran (KS) Ryan (WI) Taylor (NC) question is on the engrossment and Moran (VA) Ryun (KS) Terry MOTION TO RECOMMIT OFFERED BY MR. CONYERS Morella Sabo Thompson (MS) third reading of the bill. Mr. CONYERS. Mr. Speaker, I offer a Murtha Salmon Thornberry motion to recommit. The question was taken; and the Myrick Sanchez Thune Speaker pro tempore announced that Neal Sanders Thurman The SPEAKER pro tempore (Mr. CAL- the noes appeared to have it. Ney Sandlin Tiahrt VERT). Is the gentleman opposed to the Northup Sanford Tierney bill? Mr. BARR of Georgia. Mr. Speaker, I Norwood Sawyer Toomey Mr. CONYERS. Yes, Mr. Speaker. object to the vote on the ground that a Nussle Saxton Towns The SPEAKER pro tempore. The quorum is not present and make the Oberstar Scarborough Traficant Obey Schaffer Turner Clerk will report the motion to recom- point of order that a quorum is not Olver Scott Udall (CO) mit. Ortiz Sensenbrenner Upton present. The Clerk read as follows: The SPEAKER pro tempore. Evi- Ose Sessions Visclosky Pascrell Shadegg Walden Mr. CONYERS moves to recommit the bill dently a quorum is not present. Payne Shaw Walsh H.R. 2031 to the Committee on the Judiciary The Sergeant at Arms will notify ab- Pease Sherwood Wamp with instructions to report the bill forthwith sent Members. Peterson (MN) Shimkus Watkins to the House with the following amendment: Petri Shows Watt (NC) The vote was taken by electronic de- Pickering Shuster Watts (OK) At the end of the bill, add the following: vice, and there were—yeas 325, nays 99, Pickett Simpson Weldon (FL) SEC. 4. STUDY. not voting 9, as follows: Pitts Sisisky Weldon (PA) The Attorney General shall submit to the Pomeroy Skeen Weller [Roll No. 363] Congress the results of a study to determine Porter Smith (MI) Wexler the impact of this Act. The Attorney Gen- YEAS—325 Portman Smith (NJ) Weygand Price (NC) Smith (TX) Whitfield eral shall carry out the study required by Abercrombie Costello Herger Pryce (OH) Smith (WA) Wicker subsection (a) and shall submit the results of Aderholt Coyne Hill (MT) Quinn Snyder Wilson such study not later than 180 days after the Allen Cramer Hilleary Rahall Souder Wise date of enactment of this Act. Archer Crane Hilliard Ramstad Spence Wolf Armey Crowley Hinojosa Regula Spratt Wu The SPEAKER pro tempore. The gen- Bachus Cubin Hobson Reyes Stabenow Young (AK) tleman from Michigan (Mr. CONYERS) is Baird Cunningham Hoeffel Reynolds Stearns Young (FL) recognized for 5 minutes on his motion Baker Danner Hoekstra Riley Stenholm to recommit. Baldacci Davis (FL) Holden Rivers Strickland Baldwin Davis (VA) Holt Mr. CONYERS. Mr. Speaker, I wish Ballenger Deal Hooley NAYS—99 the membership to know that there Barcia Delahunt Hostettler Ackerman Horn Nethercutt Barr was a vote taken on the third reading. DeLay Hutchinson Andrews Houghton Owens Barrett (NE) That has only occurred about 2 times DeMint Hyde Berman Hoyer Oxley Barrett (WI) Deutsch Isakson Blumenauer Hulshof Packard in recent years. Bartlett Diaz-Balart Istook Borski Hunter Pallone So this is a motion to recommit for Barton Dickey Jefferson Boucher Inslee Pastor Bass which I will not ask a record vote, and Dingell Jenkins Buyer Jackson (IL) Paul Bateman then there will be a final passage vote, Dixon John Calvert Jackson-Lee Pelosi Becerra Doolittle Johnson (CT) Capps (TX) Phelps which may or may not be a record Bentsen Doyle Johnson, E. B. Carson Jones (NC) Pombo vote. Bereuter Dreier Johnson, Sam Clay Jones (OH) Radanovich Berkley Mr. Speaker, this motion to recom- Duncan Kanjorski Conyers Kasich Rangel Berry Dunn Kaptur Cox Kildee Rohrabacher mit is simple. It merely provides for a Biggert Edwards Kelly Cummings Kilpatrick Roybal-Allard study to ascertain the impact of the Bilirakis Ehlers Kennedy Davis (IL) Kuykendall Rush Bishop legislation. It does not limit the study Ehrlich Kind (WI) DeFazio LaTourette Schakowsky Blagojevich to the impact on underage drinking or Emerson King (NY) DeGette Lee Serrano Bliley English Kingston DeLauro Lewis (CA) Shays any other specific area, although the Blunt Etheridge Kleczka Dicks Lofgren Sherman amendment of the gentlewoman from Boehlert Evans Klink Doggett Lowey Skelton Boehner Texas (Ms. JACKSON-LEE) originally did Everett Knollenberg Dooley Maloney (NY) Slaughter Bonilla Ewing Kolbe Engel Martinez Stark that. Bonior Filner Kucinich Eshoo Matsui Tauscher This will give the Congress the infor- Bono Fletcher LaFalce Farr McCarthy (MO) Tauzin Boswell mation we need to assess how the legis- Foley LaHood Fattah McCarthy (NY) Thomas Boyd lation is working so that we can deter- Ford Lampson Forbes McKinney Thompson (CA) Brady (PA) Fossella Largent Gallegly Meek (FL) Udall (NM) mine any changes that might be needed Brady (TX) Fowler Larson Gejdenson Meeks (NY) Velazquez in the bill in the future. Brown (FL) Franks (NJ) Latham Gordon Millender- Vento Brown (OH) As the bill passed the committee, I Frelinghuysen Lazio Gutierrez McDonald Waters Bryant Frost Leach Hastings (FL) Miller, George Waxman opposed it. I believed the bill had the Burr Ganske Levin Hastings (WA) Minge Weiner potential to burden Internet providers, Burton Gekas Lewis (GA) Hill (IN) Nadler Woolsey Callahan to discriminate against out-of-State Gibbons Lewis (KY) Hinchey Napolitano Camp Gilchrest Linder winemakers, and to authorize discrimi- Campbell Gillmor Lipinski NOT VOTING—9 natory taxes. Many of these concerns Canady Gilman LoBiondo Bilbray Lantos Peterson (PA) were addressed in the Goodlatte-Con- Cannon Gonzalez Lucas (KY) Frank (MA) McDermott Vitter Capuano Goode Lucas (OK) yers-Cox amendment, which passed. Gephardt Mollohan Wynn Cardin Goodlatte Luther The acceptance of this motion to re- Castle Goodling Maloney (CT) commit will offer an additional modest Chabot Goss Manzullo b 1513 Chambliss Graham Markey improvement to the bill. Chenoweth Granger Mascara Mr. HASTINGS of Florida and Mr. Mr. SCARBOROUGH. Mr. Speaker, Clayton Green (TX) McCollum ENGEL changed their vote from ‘‘yea’’ will the gentleman yield? Clement Green (WI) McCrery to ‘‘nay.’’ Mr. CONYERS. I yield to the gen- Clyburn Greenwood McGovern Coble Gutknecht McHugh Messrs. CRANE, SISISKY, LAFACE, tleman from Florida. Coburn Hall (OH) McInnis HINOJOSA, MALONEY of Connecticut, Mr. SCARBOROUGH. Mr. Speaker, I Collins Hall (TX) McIntosh CUNNINGHAM, LAHOOD, BLILEY, thank the gentleman for yielding. Combest Hansen McIntyre ADERHOLT and SAWYER and Ms. Mr. Speaker, we can make this brief. Condit Hayes McKeon Cook Hayworth McNulty BROWN of Florida changed their vote I do not intend to oppose this motion Cooksey Hefley Meehan from ‘‘nay’’ to ‘‘yea.’’ to recommit. I certainly understand August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6887 the concerns of many people from Cali- Ms. LOFGREN. Mr. Speaker, on that Spratt Thornberry Watkins Stabenow Thune Watt (NC) fornia and other wine-producing re- I demand the yeas and nays. Stearns Thurman Watts (OK) gions, and understand their eagerness. The yeas and nays were ordered. Stenholm Tiahrt Weldon (FL) I would like to thank them for working The vote was taken by electronic de- Strickland Tierney Weldon (PA) with us to make this a better bill. I Stump Toomey Weller vice, and there were—yeas 310, nays Stupak Towns Wexler would also like to thank them, in their 112, not voting 11, as follows: Sununu Traficant Weygand eagerness, for allowing me the oppor- Sweeney Turner Whitfield tunity to vote on the engrossment and [Roll No. 364] Talent Udall (CO) Wicker YEAS—310 Tancredo Udall (NM) Wilson third reading. I have not done that be- Tanner Upton Wise fore. I thank the gentleman from Cali- Abercrombie Emerson Manzullo Taylor (MS) Visclosky Wolf fornia that did that. Aderholt English Markey Taylor (NC) Walden Young (FL) Allen Etheridge Mascara Mr. Speaker, I think this is very im- Terry Walsh Archer Evans McCollum Thompson (MS) Wamp portant for us to have this study. I un- Armey Everett McHugh derstand the gentleman’s concerns. I Bachus Ewing McInnis NAYS—112 Baird Fattah McIntosh Ackerman Horn Moran (VA) thank the gentleman from California Baker Filner McIntyre Andrews Hostettler Nadler (Mr. COX) and others for coming to- Baldacci Fletcher McNulty Barton Houghton Napolitano Baldwin gether and having us produce some- Foley Meehan Berman Hoyer Nethercutt Ballenger thing that works. The study, I think, of Ford Menendez Blumenauer Hulshof Owens Barr Fossella Mica Boucher Hunter Oxley the gentlewoman from Texas (Ms. Barrett (NE) Fowler Miller, Gary Buyer Inslee Packard Barrett (WI) JACKSON-LEE) would be helpful. As she Frank (MA) Mink Calvert Jackson (IL) Pallone Bartlett said, we have a national crisis right Franks (NJ) Moakley Capps Jackson-Lee Paul Bass Frelinghuysen Moore Carson (TX) Payne now regarding the sale of alcohol to Bateman Frost Moran (KS) Clay Jones (NC) Pelosi minors, and a national crisis on the Becerra Ganske Morella Conyers Jones (OH) Phelps Bentsen sale of alcohol to people of majority Gekas Murtha Cooksey Kasich Pombo Bereuter age. Gephardt Myrick Cox Kilpatrick Radanovich Berkley Gilchrest Neal Davis (IL) Kolbe Rangel I thank the gentleman for working Berry Gillmor Ney Davis (VA) Kuykendall Rohrabacher Biggert with us on the motion to recommit, Gilman Northup DeFazio LaFalce Roybal-Allard Bilirakis and I will be supporting it, as well as Gonzalez Norwood DeGette LaTourette Rush Bishop Goode Nussle DeLauro Lee Schakowsky the final bill. Blagojevich Goodlatte Oberstar Dixon Lewis (CA) Serrano Mr. CONYERS. I thank the gen- Bliley Goodling Obey Doggett Lofgren Shaw Blunt tleman, Mr. Speaker. I urge the Mem- Graham Olver Dooley Lowey Shays Boehlert bers to support the motion to recom- Granger Ortiz Doolittle Maloney (NY) Sherman Boehner Green (TX) Ose Dreier Martinez Skeen mit. Bonilla Green (WI) Pascrell Engel Matsui Slaughter Bonior The SPEAKER pro tempore. If no Greenwood Pastor Eshoo McCarthy (MO) Stark Bono Member rises in opposition, without Gutknecht Pease Farr McCarthy (NY) Tauscher Borski Hall (OH) Peterson (MN) Forbes McCrery Tauzin objection, the previous question is or- Boswell Hall (TX) Petri Gallegly McGovern Thomas dered on the motion to recommit. Boyd Hansen Pickering Gejdenson McKeon Thompson (CA) Brady (PA) There was no objection. Hastings (FL) Pickett Gibbons McKinney Velazquez Brady (TX) The SPEAKER pro tempore. The Hayes Pitts Gordon Meeks (NY) Vento Brown (FL) Hefley Pomeroy Goss Metcalf Waters question is on the motion to recommit. Brown (OH) Herger Porter Gutierrez Millender- Waxman Bryant The motion to recommit was agreed Hill (MT) Price (NC) Hastings (WA) McDonald Weiner Burr to. Hilleary Pryce (OH) Hayworth Miller (FL) Woolsey Burton Hilliard Quinn Hill (IN) Miller, George Wu The SPEAKER pro tempore. The Callahan Hinojosa Rahall Hinchey Minge Young (AK) Chair recognizes the gentleman from Camp Hobson Ramstad Florida (Mr. SCARBOROUGH). Campbell Hoeffel Regula NOT VOTING—11 Canady Hoekstra Reyes Mr. SCARBOROUGH. Mr. Speaker, Barcia McDermott Portman Cannon Holden Reynolds Bilbray Meek (FL) Vitter acting under the instructions of the Capuano Holt Riley Kennedy Mollohan Wynn House on behalf of the Committee on Cardin Hooley Rivers Lantos Peterson (PA) the Judiciary, I report the bill, H.R. Castle Hutchinson Rodriguez Chabot Hyde Roemer b 2031, back to the House with an amend- Chambliss Isakson Rogan 1539 ment. Chenoweth Istook Rogers Mr. FOSSELLA changed his vote The SPEAKER pro tempore. The Clayton Jefferson Ros-Lehtinen from ‘‘nay’’ to ‘‘yea.’’ Clerk will report the amendment. Clement Jenkins Rothman Clyburn John Roukema So the bill was passed. The Clerk read as follows: Coble Johnson (CT) Royce The result of the vote was announced Amendment: Coburn Johnson, E. B. Ryan (WI) as above recorded. At the end of the bill, add the following: Collins Johnson, Sam Ryun (KS) Combest Kanjorski Sabo A motion to reconsider was laid on SEC. 4. STUDY. Condit Kaptur Salmon the table. The Attorney General shall submit to the Cook Kelly Sanchez Stated for: Congress the results of a study to determine Costello Kildee Sanders the impact of this Act. The Attorney Gen- Coyne Kind (WI) Sandlin Mr. KENNEDY of Rhode Island. Mr. Speak- eral shall carry out the study required by Cramer King (NY) Sanford er, on rollcall No. 364, final passage of H.R. subsection (a) and shall submit the results of Crane Kingston Sawyer 2031, I was unavoidably detained. Had I been Crowley Kleczka Saxton present, I would have voted ``yea.'' such study not later than 180 days after the Cubin Klink Scarborough date of enactment of this Act. Cummings Knollenberg Schaffer Mr. PORTMAN. Mr. Speaker, on rollcall No. The SPEAKER pro tempore. The Cunningham Kucinich Scott 364, I was detained in a conference com- Danner LaHood Sensenbrenner mittee meeting and did not hear the bells. Had question is on the amendment. Davis (FL) Lampson Sessions The amendment was agreed to. Deal Largent Shadegg I been present, I would have voted ``yea.'' The SPEAKER pro tempore. The Delahunt Larson Sherwood f question is on the engrossment and DeLay Latham Shimkus DeMint Lazio Shows GENERAL LEAVE third reading of the bill. Deutsch Leach Shuster The bill was ordered to be engrossed Diaz-Balart Levin Simpson Mr. SCARBOROUGH. Mr. Speaker, I and read a third time, and was read the Dickey Lewis (GA) Sisisky ask unanimous consent that all Mem- Dicks Lewis (KY) Skelton third time. Dingell Linder Smith (MI) bers may have 5 legislative days within The SPEAKER pro tempore. The Doyle Lipinski Smith (NJ) which to revise and extend their re- question is on the passage of the bill. Duncan LoBiondo Smith (TX) marks on H.R. 2031. The question was taken; and the Dunn Lucas (KY) Smith (WA) The SPEAKER pro tempore (Mr. CAL- Edwards Lucas (OK) Snyder Speaker pro tempore announced that Ehlers Luther Souder VERT). Is there objection to the request the ayes appeared to have it. Ehrlich Maloney (CT) Spence of the gentleman from Florida? H6888 CONGRESSIONAL RECORD — HOUSE August 3, 1999 There was no objection. Over the past decade, the United er. Renewal of the Jackson-Vanik waiver f States has taken gradual steps to nor- will ensure that U.S. companies and farmers malize our bilateral regulations with selling to Vietnam will maintain access to AUTHORIZING THE CLERK TO Vietnam. This process has borne tan- critical U.S. export promotion programs, MAKE CORRECTIONS IN THE EN- such as those of the U.S. Export-Import gible results on the full range of issues GROSSMENT OF H.R. 2031, TWEN- Bank, the Overseas Private Investment Cor- in our bilateral agenda, including in- TY-FIRST AMENDMENT EN- poration, and agricultural credit programs. creased accounting of our missing in FORCEMENT ACT Furthermore, overturning the Jackson- action, increased trade and investment Vanik waiver could derail current bilateral Mr. SCARBOROUGH. Mr. Speaker, I opportunities for U.S. firms and work- trade negotiations at a critical time. The ask unanimous consent that in the en- ers, and substantial progress toward talks, which have been ongoing for three grossment of the bill, H.R. 2031, the resolution of the remaining emigration years, could be successfully completed in a Clerk be authorized to make technical cases. matter of a few weeks. The U.S. Trade Rep- corrections and conforming changes to resentative is seeking commitments from Last week, the administration Vietnam on market access for goods, agricul- the bill. reached a bilateral trade agreement in tural products, services and investment, and The SPEAKER pro tempore. Is there principle with the Vietnamese that will the protection of intellectual property objection to the request of the gen- serve as the basis for a reciprocal ex- rights. The final agreement will thus bring tleman from Florida? tension of normal trade relations once Vietnamese law closer to international There was no objection. it is finalized and approved by Con- norms, thereby helping U.S. companies and f gress. farmers to tap the long-term potential of The agreement in principle contains Vietnam, the second most populous country DISAPPROVAL OF NORMAL TRADE in Southeast Asia. The American business RELATIONS TREATMENT TO provisions on market access in goods, and agricultural community will work hard PRODUCTS OF VIETNAM trade, and services, intellectual prop- for congressional approval of a trade agree- erty protection, and investment, which ment that provides meaningful access to Mr. CRANE. Mr. Speaker, pursuant are necessary for U.S. firms to compete Vietnam’s markets. to the previous order of the House, I in the Vietnamese market, the 12th The American business and agricultural call up the joint resolution (H.J. Res. most populous in the world. community believes that a policy of eco- 58) disapproving the extension of the The Vietnamese pledge to lift import nomic normalization with Vietnam is in our waiver authority contained in section quotas and bans, reduce key tariffs, national interest. We urge you to support 402(c) of the Trade Act of 1974 with re- the renewal of the Jackson-Vanik waiver as protect intellectual property rights, an important step in this process. We also spect to Vietnam, and ask for its im- ensure transparency in rules and regu- mediate consideration in the House. stand ready to work with Congress toward lations, and ease restrictions on finan- passage of a trade agreement that opens Vi- The Clerk read the title of the joint cial services, telecommunications, and etnamese markets to U.S. goods, agricul- resolution. distribution. tural products, services and investment. The text of House Joint Resolution 58 Because Vietnam and the United Sincerely, is as follows: States have not yet finalized and ap- ABB; Ablondi, Foster, Sobin, Davidow; H.J. RES. 58 proved a bilateral agreement, the ef- ACE International; AEA International SOS; Resolved by the Senate and House of Rep- fects of the Jackson-Vanik waiver at Aetna International, Inc.; AgriSource Co. resentatives of the United States of America in this time is quite limited. Ltd.; American Apparel Manufactures Asso- Congress assembled, That Congress does not The waiver enables U.S. exporters ciation; American Chamber of Commerce in approve the extension of the authority con- Australia; American Chamber of Commerce doing business with Vietnam to have in Guangdong, China; American Chamber of tained in section 402(c) of the Trade Act of access to U.S. trade financing pro- 1974 recommended by the President to Con- Commerce in Hong Kong; American Chamber gress on June 3, 1999, with respect to Viet- grams, provided that Vietnam meets of Commerce in Korea; American Chamber of nam. the relevant program criteria. Commerce in the Philippines; American The significance of Vietnam’s waiver Chamber of Commerce Vietnam; American The SPEAKER pro tempore. Pursu- is that it permits us to stay engaged Council of Life Insurance; American Elec- ant to the order of the House of Friday, with the Vietnamese and to pursue fur- tronics Association; American Express Com- July 30, 1999, the gentleman from Illi- ther reforms. Vietnam is not an easy pany; American Farm Bureau Federation; nois (Mr. CRANE) and a Member in sup- American International Group, Inc.; Amer- place to do business; however, our en- port of the joint resolution each will ican-Vietamese Management Consortium, gagement enables us to influence the control 30 minutes. Inc.; Amstan Sanitaryware, Inc., ARCO; Ar- pace and direction of Vietnamese re- The Chair recognizes the gentleman thur Anderson Vietnam; Asia-Pacific Council form. of American Chamber of Commerce; Associ- from Illinois (Mr. CRANE). I will insert in the RECORD a letter I ated General Contractors of America; Asso- GENERAL LEAVE received for more than 150 U.S. compa- ciation for Manufacturing Technology; Mr. CRANE. Mr. Speaker, I ask unan- nies and trade associations supporting ATKearney; Banker and McKenzie, Vietnam; imous consent that all Members may Vietnam’s Jackson-Vanik waivers, an BBDO Advertising Agency; Bechtel; Black have 5 legislative days within which to and Veatch; Bridgecreek Group; Brown & important step in the ability of the Root; California Chamber of Commerce; revise and extend their remarks and in- U.S. business community to compete in clude extraneous materials on House Caltex; Camp Dresser & McKee Inter- the Vietnamese market. national, Inc. Joint Resolution 58. Terminating Vietnam’s waiver will Cargill; Caterpillar, Inc., Centrifugal Cast- The SPEAKER pro tempore. Is there give Vietnam an excuse to halt further ing Machine Co., Inc.; Chamber of Commerce objection to the request of the gen- reforms. of the Princeton Area; Checkpoint Systems, tleman from Illinois? Do not take away our ability to pres- Asia Pacific; Chevron Corporation; Chil- There was no objection. sure the Vietnamese for progress on licothe-Ross Chamber of Commerce Mr. CRANE. Mr. Speaker, I ask unan- issues of importance to the United Citigroup; Coalition for Employment through Exports, Inc.; Commerce Advisory imous consent to yield one-half of my States. time to the gentleman from New York Partners; Condor Consulting; Connell Broth- I urge a ‘‘no’’ vote on H.J. Res. 58. ers Company, Ltd.; Coudert Brothers, Viet- (Mr. RANGEL) in opposition to the joint Mr. Speaker, the letter I referred to nam; Craft Corporation; Crown Worldwide resolution and that he be permitted to is as follows: Ltd.; DAI-Asia; Deacons Graham & James; yield further blocks of time. JULY 23, 1999. Delco Chamber of Commerce; Delta Equip- The SPEAKER pro tempore. Is there Hon. PHILIP CRANE, ment and Construction Company; Direct objection to the request of the gen- House of Representatives, Selling Association; Eastman Kodak Co.; tleman from Illinois? Washington, DC. East-West Trade and Investment, Inc.; Elec- There was no objection. DEAR REPRESENTATIVE CRANE: As members tronic Industries Alliance; Eli Lilly (Asia) Mr. CRANE. Mr. Speaker, I yield my- of the American business and agricultural Inc.; Ellicott International; Emergency Com- community, we strongly support action to mittee for American Trade; Environmental- self such time as I may consume. normalize trade relations with Vietnam. Re- Services Inc.; ERM Hong Kong Ltd.; Exact Mr. Speaker, I rise in opposition to newal of the Jackson-Vanik waiver is a key Software; Fashion Garments Ltd.; FDX Cor- H.J. Res. 58 and in support of Viet- step in this direction. We strongly oppose poration; Fertilizer Institute; Firmenich nam’s Jackson-Vanik waiver. H.J. Res. 58, which would overturn the waiv- Inc.; Foster Wheeler Corporation; Freehill August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6889

Hollingdale & Page; Freeport Area Chamber there has been no progress concerning (Mr. MCNULTY asked and was given of Commerce; Freshfields Vietnam; General democracy and human rights in Viet- permission to revise and extend his re- Electric Company; Habersham County Cham- nam. And more specifically, in viola- marks, and include extraneous mate- ber of Commerce; Halliburton Company. tion of Jackson-Vanik, the U.S. Gov- rial.) Hewlett-Packard Company; Hills and Co.; ernment reports systematic corruption Humphrey International Healthcare Inc.; Mr. MCNULTY. Mr. Speaker, I rise in in Vietnam’s refugee program. IAMBIC, Ltd.; IBC Corporation; IBM; Illinois support of House Joint Resolution 58 My joint resolution disapproving State Chamber of Commerce; Indochina which disapproves the President’s de- Jackson-Vanik waivers for the Viet- Asset Management Ltd.; Ingersoll-Rand termination to waive the Jackson- namese dictatorship does not intend to Company; Interior Architects, Inc.; John Vanik Freedom of Information require- isolate Vietnam nor stop U.S. compa- Hancock Mutual Life Insurance Company; ments for Vietnam. Johnson & Johnson; Joseph Simon & Sons; nies from doing business there. It sim- Kansas Chamber of Commerce & Industry; ply prevents Communist Vietnam from Others have pointed out that this de- KHM Inc.; Leo Burnett/M&T Vietnam; LiG enjoying a trade status that enables bate is not about extension of normal Products Ltd.; Long Beach Area Chamber of American businessmen to invest there trade relations to Vietnam, but rather Commerce; Louis Dreyfus Corp.; Luk, Inc.; with loan guarantees and subsidies pro- about the more limited issue of wheth- McDermott Incorporated; Metro Atlanta vided by the U.S. taxpayer. If private er Vietnam should be eligible to par- Chamber of Commerce; Mobil Corporation; ticipate in U.S. credit and credit guar- Motion Picture Association of America; Mo- banks or insurance companies will not torola; National Association of Manufactur- back up or insure private business ven- antee programs. Technically, Mr. ers; National Foreign Trade Council; Na- tures in Vietnam, American taxpayers Speaker, that is correct. However, I tional Institute for World Trade; should not be asked to do so. think we all know that this debate is National Oilseed Processors Association; Rampant corruption and mismanage- about something much more. National Retail Federation; Netrak Logistics ment are as valid a reason to oppose In granting this waiver, we send a & Consultants; New Jersey Chamber of Com- this waiver as repression in Vietnam. message of support to the government merce; New York Life International; Nike; And during the last year, rather than of Vietnam. We are telling the govern- Norpac Food Sales; North American Export open up its state-managed economy, Grain Association, Inc.; Ohsman & Sons ment of Vietnam that despite their the Vietnamese Communist regime has Company, Inc.; Oracle; Otis-Lilama Elevator continued failure to assist us in finding Company, Ltd.; Pacific Architects and Engi- further tightened its grip. There has lost servicemen, despite their refusal neers, Inc.; Pacific Ventures Inc.; Pacific been no move whatsoever towards free to allow Vietnamese, including Viet- View Partners, Inc.; Parsons Corporation; elections. And yesterday’s Reuters namese who bravely fought alongside PASCO Scientific; PepsiCo Inc.; Pioneer Hi- News Agency reported that the Viet- us, to leave Vietnam, despite their bla- Bred International; Polaris Co., Ltd. HCMC; namese government announced that tant disregard for human rights, that Pricewaterhousecoopers Vietnam Ltd.; Proc- opposition parties will not be toler- we support them. These are not the ter and Gamble Company; Projects Inter- ated. This morning’s Washington national, Inc.; Quaker Fabric Corporation; values for which 58,000 U.S. servicemen Times reports a new campaign in Viet- and women gave their lives. Raytheon; Rotex; RRC Schneider Electric; nam to crush Christians. Rural Enterprises of Oklahoma, Inc.; Russin The lack of real progress to honestly The trade embargo with Vietnam was & Vecchi; S.C. Johnson & Son; lifted in 1994. In the intervening years, Samuels International Associates, Inc.; resolve the MIA–POW cases and the continued persecution of America’s what progress has Vietnam shown? SciClone Pharmaceuticals International; There are still 2,063 Americans still un- Small Business Exporters Association; S-Tec former Vietnamese allies is why House Corporation; Telecommunications Industry Joint Resolution 58 is strongly sup- accounted for in southeast Asia. While Association; Telemobile Inc.; Texaco Inc.; ported by the American Legion, our the remains of some of those Ameri- The Boeing Company; The Chamber/South- country’s largest veterans’ organiza- cans may not be recoverable, it strains west Louisiana; Tileke & Gibbins Consult- tion, as well as other veterans’ organi- belief that the Vietnamese have no in- ants Ltd.; U.S. Association of Importers of zations and the National League of formation as to the fate or location of Textiles and Apparel; U.S. Chamber of Com- MIA–POW Families, and the National all of these men and women. merce; U.S. Committee Pacific Basin Eco- nomic Council-PBEC US; U.S. Council for Alliance of POW–MIA Families. Much will be said today about in- International Business; U.S. Trading & In- Mr. CRANE. Mr. Speaker, I reclaim creased cooperation between the vestment Company; U.S.-ASEAN Business my time, and I reserve the balance of United States and Vietnam. In my Council; U.S.-Vietnam Trade Council ; my time. opinion, Mr. Speaker, it is too little Unisys Corporation; United Parcel Service; Mr. MCNULTY. Mr. Speaker, I claim and it is coming too late. It has been 25 United Technologies Corporation; Unocal; the time in support of the joint resolu- years since the communist takeover of Valve Manufacturers Association; Vietnam tion. the entire country, and in that time Auditing Company; Vietnam Venture Group, The SPEAKER pro tempore (Mr. the Vietnamese have only cooperated Inc.; Vinifera Wine Growers Associa- BARRETT of Nebraska). The gentleman with us when it would benefit them, tion;Warnaco Inc.; Wharton Chamber of from New York (Mr. MCNULTY) is rec- Commerce and Agriculture. and then only to the extent that they ognized for 30 minutes. saw fit. This is not my definition of co- Mr. Speaker, I yield such time as he Mr. McNULTY. Mr. Speaker, I ask operation. may consume to the gentleman from unanimous consent that half the time Mr. Speaker, I do not oppose the California (Mr. ROHRABACHER), though be yielded to the gentleman from Cali- eventual, eventual, normalization of we disagree perhaps at times. fornia (Mr. ROHRABACHER) and that he relations with the people of Vietnam. I be permitted to allocate that time as b 1545 do, however, oppose normalization of he sees fit; and that, further, I be per- relations with this government under Mr. ROHRABACHER. Mr. Speaker, I mitted to yield the time that I have re- certainly appreciate the gentleman maining. these circumstances. yielding me this time, as I am the au- The SPEAKER pro tempore. Is there Now, some may claim, Mr. Speaker, thor of the bill; and I wanted to have objection to the request of the gen- that I have an emotional attachment this opportunity to speak at this time. tleman from New York? to this issue, and they are correct. On It has been 1 year since President There was no objection. August the 9th, 1970, HM3 William F. Clinton issued the first Jackson-Vanik Mr. MCNULTY. Mr. Speaker, I yield McNulty was killed in Vietnam. He was waiver for Vietnam. Unfortunately, myself such time as I may consume. a medical Navy corpsman transferred H6890 CONGRESSIONAL RECORD — HOUSE August 3, 1999 to the Marines. He spent his time those who sacrificed their lives in serv- we are saying it is okay that religious patching up his buddies, and one day he ice to their country. However, isolating freedom continues to be restricted, it is stepped on a land mine and lost his life. Vietnam will not heal those scars. okay that there is minimal political That was a tremendous loss for our Perhaps no one can speak more au- freedom, it is okay to have repression family, and I can tell my colleagues thoritatively on that issue than one of and to have it intensified this past from personal experience that the pain our former colleagues, Pete Peterson. year. may subside, but it never goes away. Pete Peterson was shot down flying his If this waiver is upheld or rejected, But there is a difference between what 67th mission during the Vietnam War American companies will be no more or the McNulty family went through and and spent 61⁄2 years as a prisoner of less free to invest in Vietnam. It what an MIA family goes through. Be- war. After serving 6 years with us in should be noted, however, that the in- cause Bill’s body was returned to us, the House of Representatives, Pete Pe- vestment climate in Vietnam is not we had a wake and a funeral and a bur- terson returned to Vietnam, this time good and that several American compa- ial. What we had, Mr. Speaker, was clo- as the first United States ambassador nies have pulled out and several others sure. I can only imagine what the fam- since the Communist takeover. It is are considering pulling out. We should ily of an MIA has gone through over Ambassador Peterson’s remarkable op- realize that one simply cannot do busi- these past 25 years and longer. timism about the changes going on in ness, whether a foreigner or as a Viet- Mr. Speaker, until there is a more Vietnam that I believe sheds the great- namese, in a place where the rule of complete accounting for those missing est light on what our policy toward law is disregarded. in action, until there is progress on the Vietnam should be. For the U.S. to subsidize companies immigration front, and until there is Mr. Speaker, I ask unanimous con- that do business in Vietnam through respect for human rights, this waiver sent that the remainder of my time be OPIC or Ex-Im would be for us to ig- should not be granted. yielded to the gentleman from Michi- nore this reality. As long as the Viet- Mr. Speaker, I reserve the balance of gan (Mr. LEVIN), a member of the Com- namese government continues to jam my time. mittee on Ways and Means, and that he Radio Free Asia, which is an attempt Mr. RANGEL. Mr. Speaker, I yield be permitted to allocate that time as to deny the Vietnamese people access myself such time as I may consume. he sees fit. to objective news, and as long as it vio- Mr. Speaker, I rise in opposition to The SPEAKER pro tempore. Is there lates human rights and disrespects eco- House Resolution 58, which disapproves objection to the request of the gen- nomic freedom, we should not waive of the President’s determination to tleman from New York? Jackson-Vanik. waive the Jackson-Vanik Freedom of There was no objection. It is only through taking these steps Immigration Requirements for Viet- Mr. ROHRABACHER. Mr. Speaker, I that we can leverage and bring about nam. This resolution, if passed, would ask unanimous consent that I be al- the necessary changes concerning re- preclude Vietnam from participating in lowed to yield 2 minutes to the gen- spect for individual rights, religious United States trade financing pro- tleman from Illinois (Mr. CRANE), and freedom and liberalized markets in one grams, such as those sponsored by the that he be allowed to control that of the world’s most politically and eco- Ex-Im Bank, OPIC, and agricultural time. nomically repressive countries. credit programs under the United The SPEAKER pro tempore. Is there Mr. CRANE. Mr. Speaker, I yield 2 States Department of Agriculture. objection to the request of the gen- minutes to the gentleman from Ne- At a broader level, passage of this tleman from California? braska (Mr. BEREUTER). resolution would seriously undermine There was no objection. (Mr. BEREUTER asked and was the progress in United States-Vietnam Mr. CRANE. Mr. Speaker, I thank given permission to revise and extend relations made in the last 10 years. the gentleman for yielding me the his remarks.) Since the late 1980s, Vietnam has time, and I reserve the balance of my b 1600 shown an increasing commitment to- time. Mr. BEREUTER. Mr. Speaker, as wards reengaging with the United Mr. ROHRABACHER. Mr. Speaker, I chairman of the Subcommittee on Asia States, evidenced by greater coopera- yield 2 minutes to the gentleman from and the Pacific, I rise in opposition to tion with the POW–MIA accounting California (Mr. ROYCE). the resolution. and on immigration issues. Mr. ROYCE. Mr. Speaker, opponents The Jackson-Vanik waiver does not As a result of this progress, begin- of this resolution say they are opposed constitute an endorsement of the com- ning in 1992, the United States has to this resolution because they support munist regime in Hanoi. However, our gradually normalized relations with a more free and open Vietnam. Well, I experience has been that the isolation Vietnam. This normalization process too support a more free and open Viet- and disengagement does not promote helped to keep Vietnam on track with nam, but I support this resolution be- progress in human rights. its reforms and has resulted in greater cause by passing it we send a clear sig- New sanctions, including the sym- cooperation on the POW–MIA account- nal that business as usual is not ac- bolic disapproval of the Jackson-Vanik ing efforts, immigration, and economic ceptable. waiver, only strengthen the position of reform. No one is looking to take away the the Communist hard-liners at the ex- Most recently, the administration right of American corporations to do pense of those in Vietnam’s leadership announced that it reached a tentative business in Vietnam. First, let us be who are inclined to support more open- bilateral commercial agreement with clear. Since the U.S. trade embargo on ness. Vietnam. Clearly, our policy of engage- Vietnam was lifted in 1994, businesses Engagement with Vietnam has re- ment is helping to create a change in have had the ability to trade with and sulted in some improvements in Viet- that society. Ending engagement at invest in Vietnam, and some have done nam’s human rights practices, al- this juncture will end our ability to so. The debate over Jackson-Vanik though we still remain disappointed at shape the pace and the direction of this waiver for Vietnam is not about trade the limit scope and nature of those re- change, including undercutting our and investment. This is about govern- forms. ability to promote democratic reform. ment subsidies for companies operating Mr. Speaker, Americans must conclu- In fact, as we have seen in our failed in Vietnam. sively recognize that the war with policy toward Cuba, a policy of isola- This resolution is also about main- Vietnam is over. With the restoration tion does little to promote the values taining the focus on changes we would of diplomatic relationships in 1995, the which we care so much about. A policy like to see in Vietnam. And I thought U.S. and Vietnam embarked on a new of isolation, as we have seen in Cuba, this was why we first normalized rela- relationship for the future. It will not only serves to separate people and pre- tions with Vietnam, with the expecta- be an easy or quick process. vents us from sharing our ideals and tion that the government would make The emotional scars of the Vietnam our beliefs. a genuine reform, a genuine effort at war remain with many Americans. In I recognize that our history of Viet- progress. It is no secret that the Viet- the mid-1960s, this Member was an in- nam is a troubled one. The scars of the namese government wants this waiver, telligence officer with the First Infan- past run deep, and we can never forget but in granting the waiver once again try Division; less than a month after August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6891 the completion of my service, members portant of these is the progress and coopera- results in far too many people being of our tight-knit detachment of that tion in obtaining the fullest possible accounting prevented from leaving Vietnam due to division were in Vietnam taking cas- of Americans missing from the Vietnam War. unfair decisions. These are the parents, ualties the very first night after ar- Those Members who attended the briefing by the siblings, and the offspring of fami- rival. the distinguished Ambassador to Vietnam, a lies who have fought communism for Like other Vietnam-era veterans, former Prisoner of War and former Member of two decades. this Member has emotional baggage. A this body, the Honorable ``Pete'' Peterson, I will support H.J. Res. 58 because I great many Americans have emotional learned of the significant efforts to which Viet- believe the Government of Vietnam has baggage on Vietnam, but this Member nam is now extending to address our con- not earned the right to improve trade would suggest it is time to get on with cerns regarding the POW/MIA issue, including privileges. our bilateral relationship and not re- their participation in remains recovery efforts I urge my colleagues to put pressure verse course on Vietnam. which are physically very dangerous. on the Government of Vietnam to meet Distinguished Americans like JOHN The Jackson-Vanik waiver does not provide the conditions of emigration and to im- MCCAIN, Pete Peterson, ROBERT Vietnam with any new trade benefits, including prove their political and human rights KERREY, JOHN KERRY, CHUCK HAGEL, Normal Trade Relations (NTR) status. How- record by voting ‘‘yes.’’ MAX CLELAND, CHUCK ROBB, and others ever, with the Jackson-Vanik waiver, the Do not surrender our principal lever- support the effort to normalize our re- United States has been able to negotiate a age with this regime. Vote ‘‘yes’’ for lationships with Vietnam. If they can new bilateral commercial trade agreement in free immigration. Vote ‘‘yes’’ for fam- do it, so can we. principle with Vietnam. Achieving such an ily reunification. Vote ‘‘yes’’ to end re- Passing this resolution of disapproval agreement is in our own short and long term ligious persecution. Vote ‘‘yes’’ to promote free speech and democracy. Vote on the Jackson-Vanik waiver would national interest. Vietnam remains a very dif- ‘‘yes’’ to honor the values which we are represent yet another reflection of ani- ficult place for American firms to do business. mosities of the past at a time when sworn to uphold. Vietnam needs to undertake additional funda- The fact is the Vietnamese Govern- Vietnam is finally looking ahead and mental economic reforms. A new bilateral making changes towards integration ment does not meet the conditions of trade agreement will require Vietnam to make good emigration. And by rewarding into the international community. these reforms and will result in increased U.S. A retrenchment on our part by this Vietnam regardless of its lack of co- exports. When the final version of this agree- operation, we are sending them the disapproval resolution is not in Amer- ment is complete, Congress will then have to ica’s short- and long-term national in- wrong message. decide whether to approve it or reject it and Mr. ROHRABACHER. Mr. Speaker, terest. whether or not to grant NTR. As the Jackson- Accordingly, this Member strongly how much time is remaining? Vanik waiver is only a limited prerequisite for The SPEAKER pro tempore (Mr. urges the rejection of House Resolution any future trade agreement, the renewal of the BURR). The gentleman from California 58. Jackson-Vanik waiver only keeps this negoti- (Mr. ROHRABACHER) has 11 minutes re- By law, the underlying issue is about emi- ating and approval process goingÐnothing maining. The gentleman from Illinois gration. That is what Jackson-Vanik is all more. However, terminating Vietnam's waiver (Mr. CRANE) has 10 minutes remaining. about and that is what we ought to be ad- through passage of the resolution of dis- The gentleman from Michigan (Mr. dressing. Since March of 1998, the United approval before us would certainly derail this LEVIN) has 12 minutes remaining. The States has granted Vietnam a waiver of the entire process as well as rejecting the modest gentleman from New York (Mr. Jackson-Vanik emigration provisions of the trade opportunities currently available to Amer- MCNULTY) has 9 minutes remaining. Trade Act of 1974. As this is only an annual ican businesses. Mr. LEVIN. Mr. Chairman, I yield waiver, the President decided on June 3, 1999 Mr. Speaker, contrary to the claims of some, myself such time as I may consume. to renew this extension because he deter- renewal of the Jackson-Vanik waiver does not Mr. Speaker, I rise in opposition to mined that doing so would substantially pro- automatically make Vietnam eligible for pos- H.J. Res. 58 and in support of the Presi- mote greater freedom of emigration from that sible coverage by U.S. trade financing pro- dent’s waiver of the Jackson-Vanik country in the future. This determination was grams such as those administered by the amendment with respect to Vietnam. based on Vietnam's record of progress on Overseas Private Investment Corporation, the In considering this resolution, I ask emigration and on Vietnam's continued co- Export-Import Bank, and the U.S. Department my colleagues to bear a few matters in operation on U.S. refugee programs over the of Agriculture. The waiver only allows Vietnam mind. First, today’s vote is not a vote past year. As a result, we are approaching the to be eligible for such coverage and that coun- on whether to give normal trade rela- completion of many refugee admissions cat- try must still face separate individual reviews tions, NTR, to Vietnam. egories under the Orderly Departure Program against each program's relevant criteria. For that to happen, the United (ODP), including the Resettlement Opportunity Mr. McNULTY. Mr. Speaker, I yield 2 States first must enter into a bilateral for Vietnamese Returnees, Former Re-edu- minutes to the gentlewoman from Cali- commercial agreement with Vietnam cation Camp Detainees, ``McCain Amend- fornia (Ms. SANCHEZ). and that agreement must be approved ment'' sub-programs and Montagnards. The Ms. SANCHEZ. Mr. Speaker, I rise by Congress. Vietnamese government has also agreed to today to support House Joint Resolu- Second, if we reject this resolution, help implement our decision to resume the tion 58, the resolution to disapprove as we did last year, the result would be ODP program for former U.S. Government the Jackson-Vanik waiver to Vietnam. a continuation of Vietnam’s eligibility employees, which was suspended in 1996. This provision was first waived in to participate in financing programs, The renewal of the Jackson-Vanik waiver is an 1998 on the premise that it would pro- those administered by OPIC, the Ex- acknowledgment of that progress. Disapproval mote free and open emigration with port-Import Bank, and the Department of the waiver would, undoubtedly, result in Vietnam. Sadly, things have not of Agriculture. Vietnam's immediate cessation of cooperation. turned out that way. Those programs support U.S. exports The Jackson-Vanik waiver also symbolizes My colleagues, let us consider the to and investments in Vietnam and our interest in further developing relations with facts. An average immigrant now must thereby enable U.S. businesses and Vietnam. Having lifted the trade embargo and pay about $1,000 in bribes to have ac- workers to compete in Vietnam with established diplomatic relations four years cess to U.S. refugee programs, three businesses and workers from other ago, the United States has tried to work with times the average annual salary of a countries. Vietnam to normalize incrementally our bilat- Vietnamese worker. The programs have been available eral political, economic and consular relation- A recent report to Congress stated since the President first waived Jack- ship. This policy builds on Vietnam's own pol- that over 15,000 former United States son-Vanik for Vietnam in April of last icy of political and economic reintegration into Government employees and their fami- year. To cut them off now would be to the world. In the judgment of this Member, this lies have been denied exit visas, leav- pull the rug from under U.S. producers will be a lengthy and challenging process. ing them trapped in Vietnam. of goods and services. It would be a set- However, he suggests that now is not the time In my hand I have copies of hundreds back in our effort to improve U.S. rela- to reverse course on Vietnam. Over the past of unresolved constituent casework, tions with Vietnam and to encourage four years, Vietnam has increasingly cooper- unresolved because the emigration pol- the development of a market economy ated on a wide range of issues. The most im- icy of the Vietnamese Government still in that country. H6892 CONGRESSIONAL RECORD — HOUSE August 3, 1999 By contrast, continuing those pro- And lastly, that ‘‘the United States,’’ Moreover, Radio Free Asia is con- grams for another year represents a he says, under his leadership, ‘‘con- tinuously jammed, preventing the free small but important step forward. Im- tinues to engage with Vietnam in a flow of information which Congress has portantly, it should bolster our efforts very frank dialogue on human rights. worked to promote. to encourage the development of the The most recent round in this dialogue Vietnam continues to ‘‘severely re- bases of a free market and rule of law took place at the assistant secretary strict those religious activities it de- in Vietnam. level in mid-July.’’ fined as being at variance with State Third, our trade negotiators have Members of Congress will be watch- laws and policies,’’ as stated in the been negotiating a trade agreement ing for further progress closely. For State Department Report on Human with Vietnam, which is a prerequisite now, let us support the accomplish- Rights Practices. to giving Vietnam NTR. ments that have been made to date to- Along with a number of Members of On July 25, the U.S. trade representa- ward normalization of our relationship Congress, I recently wrote to President tive announced that an agreement in with Vietnam. Let us take a cautious Clinton expressing our concern over principle had been reached. She also step forward by continuing the Jack- the persecution of the Unified Buddhist stated that the administration ‘‘will son-Vanik waiver for Vietnam. Church, the Catholic Church, Protes- now consult with Congress and others, In short, let us keep intact the tant Christians, and the Montagnards and work toward completion of a for- groundwork on which a meaningful and in Vietnam. mal Bilateral Commercial Agreement enduring relationship can be built. In conclusion, a proposed extension and a mutual grant of normal trade re- Support the waiver. Vote against H.J. of the waiver of Jackson-Vanik would lations.’’ Res. 58. essentially reward a lack of progress on We look forward to those consulta- Mr. Speaker, I reserve the balance of tions which would give us an oppor- human rights, political liberalization, my time. economic reform, and the POW/MIA ef- tunity to review negotiations to date Mr. ROHRABACHER. Mr. Speaker, I and other trade issues and any other fort. This is illogical. yield 3 minutes to the gentleman from Accordingly, I call upon our col- additional issues relating to trade of ILMAN), the distin- New York (Mr. G leagues to vote ‘‘yes’’ on this resolu- concern to us in the Congress. guished chairman of the Committee on tion of disapproval of the extension of At the June 17 Subcommittee on International Relations, a veteran, and the Jackson-Vanik waiver and send a Trade hearing on relations with Viet- a great leader in international rela- strong message that our Nation still nam, I cited a number of important tions in this Congress. issues that have to be resolved before Mr. GILMAN. Mr. Speaker, I thank values principle over profits. we can agree to full normalization. Of the gentleman for yielding me the Mr. CRANE. Mr. Speaker, I yield 2 particular concern is the pace of eco- time. minutes to our distinguished colleague, nomic reform in Vietnam. They are Mr. Speaker, I rise in support of the gentleman from Arizona (Mr. taking steps to reform the economy, House Joint Resolution 58 offered by KOLBE). including steps to root out corruption, the distinguished gentleman from Cali- Mr. KOLBE. Mr. Speaker, I thank the gentleman for yielding me the time. enforcement of intellectual property fornia (Mr. ROHRABACHER) in dis- rights, and improvement of the reli- approving the extension of the Jack- Mr. Speaker, I rise in opposition to ability of government-published data. son-Vanik waiver for the Socialist Re- House Joint Resolution 58. Another area of concern that I men- public of Vietnam. As a Vietnam War veteran, I tioned at that time is the potentially The issue before us is progress, empathize with many of the arguments disturbing effects that Vietnam’s labor progress on human rights, on freedom that are made by opponents to this market structure, including the exploi- of religion, freedom of emigration, and waiver. I, too, am concerned about tation of child labor, may have on com- obtaining the fullest possible account- freedom of emigration. I, too, want a petition. Labor market issues are trade ing for our POW/MIAs from the war in full accounting for our MIA and POWs. issues. Southeast Asia. I, too, am concerned about religious Progress on each of the foregoing Simply stated, the Vietnamese Gov- freedom. But I strongly disagree with fronts is necessary to ensure that the ernment has not demonstrated the how this solution proposes to resolve benefits of U.S. businesses and workers progress on these issues to warrant an these problems. from normalization with commercial extension of the Jackson-Vanik waiver. Denying the Jackson-Vanik waiver relations with Vietnam are real. for Vietnam will do nothing to further Our ambassador to Vietnam and our Many of us have voiced our concerns with regard to the rapid pace of nor- progress in any of these areas. In fact, former distinguished colleague, Pete it will have the opposite effect. Peterson, testified before the Sub- malizing relations with Vietnam. The President insists that extending I hope my colleagues will take a mo- committee on Trade of the Committee the waiver of the Jackson-Vanik ment to consider the changes that have on Ways and Means. He stated, based occurred and that are occurring to on his active work as ambassador, as amendment and its ensuing privileges is in our best national interest and will Vietnam. follows. I urge all to listen to the con- Vietnam is not the same country it clusions or the findings, the experi- encourage the Vietnamese Government to cooperate on many issues, including was 30 years ago when I was there. Over ences of our ambassador: the past 15 years, 500,000 Vietnamese ‘‘Vietnam has eased restrictions on economic reforms, political liberaliza- have emigrated to the United States. emigration,’’ he said. ‘‘Over 500,000 peo- tion, and respect for human rights. Over 96 percent of the resettlement op- ple have left Vietnam for the U.S. OPIC guarantee and Export-Import portunities for Vietnamese returnees under the Orderly Departure Pro- Bank financing programs should be a cases have been cleared for interview gram.’’ reward for achievement and not offered Next: ‘‘Vietnam continues to cooper- as an incentive for future conduct. by Vietnam. On emigration issues, we ate fully with the U.S. on locating Despite the opening of diplomatic re- are clearly headed in the right direc- Americans missing in action.’’ lations 4 years ago, prisoners of con- tion. Next: ‘‘Last fall, the Government of science are still in prison in Vietnam. On POW/MIA accounting, we have Vietnam released several prisoners of Many of our former comrades in arms had and continue to have substantial conscience.’’ are still unaccounted for in the Viet- cooperation from the Vietnamese Gov- He also said: ‘‘Tolerance of religious nam War. ernment in all areas. On religious free- worship,’’ far, far from perfect, ‘‘is im- The Vietnamese Government still ar- dom, progress is also being made. proving.’’ bitrarily arrests and detains its citi- Three weeks ago, a high-level U.S. ‘‘In 1998,’’ he also mentioned, ‘‘there zens, including those who peacefully delegation traveled to Vietnam to en- were 60 independently organized work- express political and religious objec- gage in the seventh session of our an- er strikes protesting unfair wages and tions to government policies. nual human rights dialogue with Viet- working conditions. The hard-line communist govern- namese officials. ‘‘The Government is in the process of ment also denies its citizens the right At each of these meetings, religious writing legislation to protect the free- to fair and expeditious trials and still freedom has been a major topic of dis- dom of association.’’ hold a number of political prisoners. cussion; and each time U.S. officials August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6893 have been able to report that progress world. However, rubber-stamping the This resolution before us today puts is being made. President’s waiver makes a mockery of that at risk. I urge my colleagues to b 1615 our Constitution and the provisions in please vote against this resolution. the 1974 Trade Act that uphold human Mr. ROHRABACHER. Mr. Speaker, I In October of this year, five Amer- rights, that uphold worker rights, that yield 1 minute to the gentleman from ican Catholic bishops will be visiting uphold religious rights. Texas (Mr. SAM JOHNSON), a distin- Vietnam, the first visit by an Amer- Mr. Speaker, I would hope that my guished colleague who spent 6 years as ican bishop since 1975. This will be a colleagues would join us in affirming a prisoner of war, a man who was a momentous event. that human rights and those principles pilot, a man who fought for his country Let me be clear. While there is that our country stands for do count and a man who has a unique opinion on progress, the situation in Vietnam for something. We should not just this issue that we are discussing today. today is far from perfect. But it is im- waive them. I urge my colleagues to Mr. SAM JOHNSON of Texas. Mr. portant that we put this vote in its his- support this resolution and to support Speaker, I appreciate what the gen- torical perspective. In 1991, President trade agreements that require nations tleman says, but even with the Ambas- Bush proposed a road map for improv- to first enter the family of nations, sador over there, we still are not get- ing our relations with Vietnam. To fol- agreements that support free trade be- ting into some of the places that we low the road map, Vietnam had to take tween free people. need to get into. If you send our mili- steps to help us account for our miss- tary to do a job, they are going to do Mr. LEVIN. Mr. Speaker, I yield 2 ing servicemen. In return for this co- it, regardless of where they are, and minutes to the very capable and distin- operation, the United States was to they are doing that job over there. guished gentleman from Illinois (Mr. move incrementally toward normalized But I ask you, who better than our EVANS). relations. We have moved in that direc- Vietnamese Americans to know what tion. Mr. EVANS. Mr. Speaker, today’s should happen in Vietnam? No waiver. I urge my colleagues not to abandon vote on the resolution of disapproval is They do not want a waiver. If you re- decades of progress. Only with engage- really a vote on if we are truly dedi- call in 1995, I think it was, or 1993, ment can we have commerce and only cated to the hard work of getting a full rather, Clinton said that he would have with commerce can we have change. accounting of the missing in action a full and accurate accounting of all I urge a ‘‘no’’ vote on this resolution. from the Vietnam War. As the Vet- our POWs. That is our President. erans of Foreign Wars has argued, pass- Mr. MCNULTY. Mr. Speaker, I yield Again, in 1995, if you recall, he flip- ing this resolution of disapproval will 21⁄2 minutes to the gentleman from flopped and went back on his word and only hurt our efforts at a time that Ohio (Mr. BROWN). recognized them. And now we want to Mr. BROWN of Ohio. Mr. Speaker, I they are receiving the access and co- put another nose under the tent, or thank the gentleman from New York operation we need from the Vietnamese push the nose a little further and try to for yielding me this time. to determine the fate of our POW/ recognize them for trade. Even now, we I rise in strong support of H.J. Res. 58 MIAs. still have over 2,000 unaccounted for and in support of trade agreements There is no more authoritative voice servicemen in Vietnam. Our MIA, miss- that put people before corporate prof- on this issue than our former colleague ing in action, families, deserve our full its, trade agreements that act as if and now Ambassador to Vietnam, Pete support and that means ‘‘yes’’ to no human beings mattered. Peterson, who supports the waiver. As waiver. Today we are debating whether to a prisoner of war who underwent years Mr. CRANE. Mr. Speaker, I yield 1 give the very same multinationals that of imprisonment in the notorious minute to the gentlewoman from Illi- last month succeed in gaining NAFTA Hanoi Hilton, he should have every nois (Mrs. BIGGERT). (Mrs. BIGGERT asked and was given for Africa and higher trade surpluses right to be skeptical and harbor bitter- permission to revise and extend her re- with China, whether to give those same ness against the Vietnamese. Yet he marks.) multinationals more government- believes the best course of action is to develop better relations between our Mrs. BIGGERT. Mr. Speaker, H.J. backed guarantees to protect their in- Res. 58 is the wrong direction for us to vestments in another poor nation with countries. We have achieved progress on the take today. Who is hurt if we pass this a horrible human rights record, a na- resolution today? We are. It is the tion with absolutely no worker rights POW/MIA issue because of our evolving relationship with the Vietnamese, not wrong direction for U.S. farmers and or religious or political freedoms, the manufacturers who will not have a Socialist Republic of Vietnam. despite it. Without access to the jungles and rice paddies, to the archival level playing field when they compete Think about that, because that is with their European or Japanese coun- information and documents, and to the what the President’s waiver does. It is terparts in Vietnam. It is the wrong di- witnesses of these tragic incidents, we a green light for businessmen and busi- rection for our joint efforts with the cannot give the families of the missing nesswomen to take advantage of an- Vietnamese to account for the last re- the answers they deserve. other people’s misfortune, of their in- mains of our soldiers, and to answer fi- ability to organize political change in Our Nation is making progress in nally the questions of their loved ones the face of overwhelming government providing these answers. Much of this here. And it is the wrong direction for opposition. We are asking our constitu- is due to the Joint Task Force-Full Ac- our efforts to influence the Vietnamese ents, the men and women who voted us counting, our military presence in people, 65 percent of whom were not into office, to back American corpora- Vietnam who are looking into missing even born when the war was being tions that want to do business with a issues. I have visited these young men waged. Communist dictatorship that reviles and women and they are among the fin- Let us not turn the clock back on the very form of government that lets est and bravest and most gung ho sol- Vietnam. Let us continue to work with us debate this measure. diers I have ever met. Every day from the Vietnamese, and in so doing teach This is a government that for the the searches of battle sites in treach- the youthful Vietnamese the values of last 20 years has arrested, tortured and erous jungles or the excavation of democracy, the principles of cap- put hundreds of thousands of people crash sites on precarious mountain italism, and the merits of a free and into prisons and reeducation camps for summits, they put themselves in open society. I urge a ‘‘no’’ vote. crimes like forming independent trade harm’s way to perform a mission they Mr. MCNULTY. Mr. Speaker, I yield 2 unions, for worshiping in churches, for, truly believe in. minutes to the gentlewoman from Cali- quote, using freedom and democracy to It is moving to see these men and fornia (Ms. LOFGREN). injure national unity. women in action, some of whom were Ms. LOFGREN. Mr. Speaker, Viet- The Vietnamese people should have not even born when our missing served, nam should be able to trade with the opportunity to earn better wages, perform a mission that they see as a America, but only when Hanoi halts to live longer and healthier lives, to sacred duty. They tell me time and human rights abuses and establishes a enter into better relationships with the time again one thing: ‘‘Allow us to re- fair, sound economic environment that United States and the rest of the main here so we can do our job.’’ embraces human rights. H6894 CONGRESSIONAL RECORD — HOUSE August 3, 1999 It is clear that Vietnam is eager to today for Members of this assembly to b 1630 have an economic relationship with the meet with our former colleague Pete Our programs offer outstanding Viet- United States and is willing to take Peterson to talk about his experience namese students the opportunity to the steps necessary to do so. Unfortu- with the progress in terms of religious participate and study in the U.S.; how- nately, they are not where they need to freedom in Vietnam and the rebuilding ever, the Vietnamese Government ex- be and they will not get there unless of churches and pagodas, the progress cludes those students whose parents we stand firm for democratic principles on the MIAs where we have more ac- are not members of the Communist and for human rights for the people of countability than any war in American cadre. Vietnam. history. Even in the area of democratic I hope my colleagues will join me in Vietnam embarked down the road to government, there were 61 people elect- supporting this resolution. reform in 1986, achieving high eco- ed to the Vietnamese Assembly who Mr. CRANE. Mr. Speaker, I yield 1 nomic growth of 8 percent per year were independents, who were not Com- minute to the distinguished gentleman with low inflation. As a result, the U.S. munists. Consider this, given where from Illinois (Mr. MANZULLO). lifted economic sanctions in 1994 and they have been, that one even is a Mr. MANZULLO. Mr. Speaker, a normalized diplomatic relations in former South Vietnamese military offi- small business exporter of wireless 1995. cer. telecommunications equipment from It was all downhill from there. The Pete Peterson has made huge Torrance, California, had never sold to economic growth did not produce progress in his life’s work of trying to Vietnam. Telemobile’s Japanese, democratic and market reforms. In ad- bring 350 million people together be- French, and Canadian competitors all dition to quashing the religious, polit- tween our two countries, the majority had the support of their home govern- ical and social freedoms of its citizens of whom in both countries were not ment’s export credit agencies. Tele- and restricting their rights to emi- even alive during the Vietnam War. I mobile had no hope of selling to Viet- grate, Hanoi has taken giant steps strongly urge a rejection of this resolu- nam until the President and Congress backward from fostering sound policies tion before us today. Reject the resolu- approved the Jackson-Vanik waiver and stability to bolster its economy tion in order to hasten the day when last year allowing the Export-Import and attract foreign investors. Erratic we can get beyond the tortured strug- Bank and other Federal export pro- decision making, government red tape gle that has, I think, divided our coun- motion programs to operate in Viet- and high overhead makes many busi- try unnecessarily and bring about a nam. Then Telemobile won a $6 million nesses unviable. healing and an integration of the Viet- contract with Vietnam to sell their The government’s refusal to loosen namese nation into the world economy product backed with the letter of inter- its political domination and accelerate and allow us to be able to deal honestly est from the Export-Import Bank. the transition to a market economy with the history that got us here in the The purpose of the vote today is to has brought the country to a critical first place. allow those types of partnerships so juncture. We cannot abandon the Viet- Mr. ROHRABACHER. Mr. Speaker, I American companies can utilize our ex- namese people and American busi- yield 1 minute to the gentleman from port credit agencies in order to have nesses at this critical juncture. In the Virginia (Mr. DAVIS) who represents American jobs. With the already large case of Vietnam, trade sanctions can be thousands of Vietnamese Americans U.S. trade deficit, we should not im- an effective way of ensuring Hanoi who know full well what repression pose yet another sanction on our ex- chooses the path of reform. As we saw their family members live under in ports. We should vote against this reso- in South Africa, 5 years after the U.S. Vietnam. lution of disapproval. first imposed economic sanctions, the (Mr. DAVIS of Virginia asked and Open letter to Congress from Tele- Pretoria government abolished apart- was given permission to revise and ex- mobile is as follows: tend his remarks.) TELEMOBILE, INC, heid. While some question the eco- Torrance, CA, July 27, 1999. Mr. DAVIS of Virginia. Mr. Speaker, nomic effectiveness of U.S. sanctions, CONGRESS OF THE UNITED STATES, economists agree that the psycho- I rise today in support of H.J. Res. 58, House of Representatives. logical and political effects were of disapproving the extension of emigra- OPEN LETTER TO CONGRESS: I am President fundamental importance to elimi- tion waiver authority to Vietnam. of a small electronics manufacturing com- nating apartheid. As Members know, last year the pany, employing about 100 people in the Los Economic sanctions are not the right President granted Vietnam a waiver of Angeles metropolitan area. I am writing to express my opposition to the resolution of tool in every case. But when they are, the Jackson-Vanik’s condition, but not much really I think has been cited or disapproval regarding Vietnam’s Jackson- they take time. They only are effective Vanik’s waiver (H.J. Res. 58) because it will when we have the patience to wait for documented in that last year. Boat have a serious impact on our business and results. The people of Vietnam deserve People SOS, an organization located in our employees who live and work here. the same patience. my district, has informed me that Telemobile, Inc. is a manufacturer of wire- Please support this resolution and there is rampant corruption in Viet- less rural telecommunications equipment. join with the Vietnamese people in nam and the Vietnamese government We compete against Canadian, French, and their struggle against communism and and it continues to exclude thousands Japanese manufacturers of similar equip- of former political prisoners and ment. They all have the support of their oppression. home governments in the area of trade pro- 1 Mr. LEVIN. Mr. Speaker, I yield 1 ⁄2 former U.S. Government employees motion, including their government-sup- minutes to the gentleman from Oregon from participating in the U.S. refugee ported export credit agencies. We had no (Mr. BLUMENAUER). programs. On average, an applicant has hope of winning any business in Vietnam Mr. BLUMENAUER. Mr. Speaker, I to pay $1,000 in bribes to gain access to until the President and Congress supported a have a certain degree of irony being these programs. In a country where the waiver of the Jackson-Vanik amendment here on the floor having this resolution average Vietnamese’s salary is $250, last year. Since then, we received a Letter of debated today, when earlier this week how can an impoverished former polit- Interest from the Export-Import Bank of the we had former Secretary of Defense ical prisoner or former U.S. Govern- United States (Ex-Im) for a project we plan to do in Vietnam worth about $6 million. We Robert McNamara here on Capitol Hill ment employee who the government al- would have never won this contract if we did meeting and admitting basically that ready discriminates against afford a not have the backing of the Ex-Im Bank. the college students were right 30 years $1,000 bribe per person just to apply for Even still, all of our foreign competitors tell ago and that the government and Mr. these programs? Since last year’s waiv- our Vietnamese customers to abandon their McNamara were not telling the Amer- er, the Vietnamese government has not project with us because their governments ican people the truth. deemed a single case among this group do not go through this annual Jackson- I think it is amazing for us to look at of thousands to be eligible for the ref- Vanik waiver process. Fortunately, the Viet- the progress that has in fact occurred namese want to buy American products. ugee program. But if Ex-Im is forced to leave Vietnam be- over the last third of a century. We Corruption exists not only in the Vi- cause of the passage of H.J. Res. 58, then our have heard referenced on the floor the etnamese government but it also un- Vietnamese customers will have no choice 500,000 people that have been able to le- dermines U.S. exchange programs as but to go with one of our foreign competi- gally emigrate. We had opportunities well. tors. Thus, if this bill passes, the real-life August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6895 practical effect upon Telemobile is that the The Immigration and Naturalization Service To me on one side that says, Hey, work on this $6 million contract will be has approved 15,833 ROVR applicants for ad- American involvement is good because transferred from the 100 employees here in mission to the United States as refugeesÐ it hammers away at Communism; but Torrance, California to Canada, Japan or France. While a $6 million sale may be insig- 14,715 of which have left Vietnam for the U.S. yet on the other side I see where not nificant in the eyes of Washington, it is sig- According to the State Department, we are even Pete Peterson can be there when nificant to our small business, which is 95 also obtaining ``the fullest possible accounting'' an American citizen is tried in their percent export-oriented. of our missing in action from the Vietnam War. courts, and it is difficult, Mr. Speaker. I firmly believe that renewal of the Jack- Just last week, the U.S. and Vietnam final- I had a young lady in my district son-Vanik waiver is a necessary step in the ized the terms of a bilateral trade agreement named Foo Lee, had to work a year. process of normalizing our relations with to address issues ranging from import quotas, Her whole family escaped in a boat, Vietnam and would be good for the American import bans, and high tariffs to financial serv- lives in my district, and the mom had people, as well as the business activities of ices, telecommunications, and other issues to stay behind because they knew that American workers engaged in exports. Please that are critical to opening Vietnam to U.S. oppose H.J. Res. 58. if they were caught, they would be put Very truly, products and services. into a reeducation camp, and not many W.I. THOMAS, U.S. Ambassador to Vietnam, Pete Peter- people survive; and it took a year to President. son, our esteemed former colleague and get her back into the United States Mr. LEVIN. Mr. Speaker, I yield such former POW, has been one of our nation's and rejoined with the family. time as he may consume to the gen- strongest advocates for expanding trade with And on that side it is very hard for tleman from Virginia (Mr. MORAN). Vietnam. Renewing the Jackson-Vanik waiver this. I look at that we cannot go in (Mr. MORAN of Virginia asked and will increase market access for U.S. products with intellectual property rights, but was given permission to revise and ex- and services in the 12th most populous coun- on the other side we have the same tend his remarks.) try in the world. problem with China, and I voted for Mr. MORAN of Virginia. Mr. Speak- Disapproval of this waiver will have several trade with China, so why not for this? er, I rise in opposition to this resolu- negative outcomes. It will discourage U.S. And it is one of the more difficult. For tion and in favor of the Jackson-Vanik businesses from operating in Vietnam, arm most of my colleagues it is not, but for waiver. Soviet-style hardliners with the pretext to us, and Sam, and I understand both I rise in opposition to this resolution and clamp down on what economic and social sides of this issue. I see my friend Pete freedoms the Vietnamese people now experi- urge my colleagues to uphold the current Peterson spent 6 years as a POW there, ence, and eliminate what opportunity we have waiver from the Jackson-Vanik provision. and it is very difficult to look at heart, Mr. Speaker, the Jackson-Vanik provision of to influence Vietnam in the future. I can see nothing gained by overturning the to look at logic, to look at economics. the 1974 Trade Act was intended to encour- Mr. Speaker, I will not chastise any- waiver and urge my colleagues to defeat this age communist countries to relax their restric- body for either side of this vote. tive emigration policies. resolution. Mr. ROHRABACHER. Mr. Speaker, I Mr. CRANE. Mr. Speaker, I yield 2 At the time, the Soviet Union was prohibiting minutes to our distinguished colleague, Soviet Jewry from emigrating to the U.S. and yield 1 minute, and I understand that the gentleman from Illinois (Mr. the gentleman from Maryland (Mr. Israel. GILCHREST). It specifically granted the President the CRANE) will also yield 1 minute to the gentleman from California (Mr. Mr. GILCHREST. Mr. Speaker, I power to waive restrictions on U.S. govern- thank the gentleman for yielding this ment credits or investment guarantees to com- CUNNINGHAM). Mr. CRANE. Yes, Mr. Speaker, I yield time to me, and what I would like to do munist countries if the waiver would help pro- 1 minute as well to our good colleague is address my remarks to all of my col- mote significant progress toward relaxing emi- and friend from San Diego, California leagues, but especially to the gen- gration controls. tleman from California (Mr. The co-author of this provision, Senator (Mr. CUNNINGHAM). The SPEAKER pro tempore (Mr. CUNNINGHAM). Scoop Jackson was a staunch anti-com- BURR of North Carolina). The Chair As a young soldier in Vietnam, I like munist. to speak to my colleagues through the Yet, he was willing to consider incentives to recognizes the gentleman from Cali- fornia (Mr. CUNNINGHAM) for 2 minutes. eyes of many young soldiers in Viet- encourage the Soviet Union to relax its emi- Mr. CUNNINGHAM. Mr. Speaker, for nam where we would every once in a gration policy. some of us this issue is very, very dif- while help corps men deliver babies, Vietnam is experiencing a new era, driven ficult, when heart, economics, pain are some alive and some dead. We as very by a population where 65% of its citizens were all tied up into one. I understand the young men saw leprosy for the first born after the war. Vietnam today is thirsty for version of the gentleman from New time. We saw the eyes of the dying Viet U.S. trade and economic investment. Cong. We saw the eyes and looked into Last year, Charles Vanik, former Member York (Mr. MCNULTY) of this, and I un- the eyes of dying young Americans and and co-author of the Jackson-Vanik provision, derstand the gentleman’s, and what I said good bye. We laughed and cried sent me a letter expressing his strong opposi- would do is point out a couple things with the Vietnamese people, the very tion to the motion to disapprove trade credits on each side because I still do not know old and the very young. for Vietnam. how I am going to vote on this issue. Ironically, the economic incentives provided When one lives through Private One incident, we moved into a small in Jackson-Vanik are all one sided favoring Ryan, it is very difficult for something little village, pulled an old man out of U.S. firms doing business in Vietnam. like this, and one side we see econom- a grass hut with one leg, and the old A waiver of Jackson-Vanik does not estab- ics, like the gentleman from Illinois woman in the grass hut began to cry lish normal trading relations with Vietnam. (Mr. MANZULLO) talked about for his because we thought he was shooting at The Vietnamese Government has made tre- constituents, and on the other side, Mr. us and we were going to take him mendous progress in meeting the emigration Speaker, I went with the gentleman away. And a little girl about 10 criteria in the Jackson-Vanik amendment. from Kentucky (Mr. ROGERS) to Viet- screamed and cried and grabbed at our Despite problems of corruption and govern- nam. He asked me to go four times, and clothes as we were walking this old ment repression, there is reason to believe I said no, it is too hard, and then he man away from the village, and then that our presence in Vietnam can improve the said, Well, Pete Peterson asked you to suddenly we young soldiers just situation and encourage its government to become and help raise the American flag stopped. We looked into the eyes of the come less isolated and to follow the rule of for the first time in 25 years. old man. The old woman froze in fear law. I saw American children there, Eur- as to what might happen next, and the Through a policy of engagement and U.S. asians, that can not be helped by this little girl just stopped crying, and then business investment, Vietnam has improved on one side, but yet I saw very strong the old man looked at us, and we its emigration policies. Communism. As a matter of fact, the looked back at him, and we suddenly As of June 1 of this year, the Vietnamese Communist premier told me, he said, realized something. We were just all Government had cleared nearly 20,000 indi- Duke, we don’t engage in free trade. I people together caught in a horrible viduals, or 96% of applicants, for interviews can’t do this quickly. He is very open, struggle, none of which we created. under the Resettlement Opportunity for Viet- he said, because it will put us out of a There was an Israeli soldier in 1967 namese Returnees (ROVR). job, which meant Communism. that said, We need to learn to love our H6896 CONGRESSIONAL RECORD — HOUSE August 3, 1999 children more than we hate our en- migration from Vietnam. If there were, istration has conceded that there is no such emies. We can never forget the pain of there would be no need for this waiver. freedom. Yes, the government allows some the past. But in this vote I think it is The administration could simply cer- people to leave, when it is good and ready. time that we start a new future for us, tify that Vietnam complies with the But for many thousands who have been per- for the Vietnamese children. Jackson-Vanik freedom of immigration secuted because they were on our side during We remember the quote from Presi- requirement. Instead, by waiving the the war, Vietnam is still a prison. dent Kennedy at the Berlin Wall where requirement, the administration has Finally, I hope my colleagues understand he said: conceded that there is no such freedom. that this is not a vote about free trade. It is ‘‘We all cherish our children’s future, Mr. Speaker, the only significant about subsidiesÐcorporate welfare for Com- we all breathe the same air, and we are human rights concession the Viet- munists. Since the President gave the waiver all mortal.’’ namese Government has made in order in March of 1998, the U.S. taxpayers have Let us vote for America and Viet- to get the waiver was to finally begin been paying for Eximbank and OPIC subsidies nam. letting us interview people under the of trade and investment in Vietnam. Many of Mr. LEVIN. Mr. Speaker, I yield 1 rover program. Now I happen to be a these taxpayer dollars subsidize ventures minute to the distinguished gentleman very enthusiastic supporter of this pro- owned in large part by the government of the from Indiana (Mr. ROEMER). gram, and for the RECORD Members will Socialist Republic of Vietnam. (Mr. ROEMER asked and was given recall that I was the prime sponsor of Overregulation and widespread corruption permission to revise and extend his re- the amendment on this floor that make Vietnam a terrible place to do business. marks.) Starting this year, foreign businesses in Viet- Mr. ROEMER. Mr. Speaker, on Au- stopped us from doing what I think gust 3 in 1492 Christopher Columbus set would have been very, very cruel, and nam are no longer allowed to hire Vietnamese sail on a new journey across the Atlan- that would be to end the CPA, the employees directly, but must go through the tic, and he set sail with new maritime Comprehensive Plan of Action, to just government. No only does this practice en- instruments, a quadrant, an astrolabe, send the people back without giving courage corruption, it also excludes victims of a cross staff, that helped him find the them any opportunity to get re-re- persecution from what for many is the only po- shores of the Bahamas. Today the new viewed after some bogus reviews were tential source of employment available to instruments to help us navigate to help done, or interviews. them. In addition, according to a recent Min- our workers, to help our businesses, The refugee program, the rover pro- istry of finance audit, 5.8 billion dollarsÐone navigate the complicated world of gram, works when there was a real third of Vietnam's total civil service assetsÐ international trade are access to OPIC, push, and the ambassador, Pete Peter- are unaccounted for. Most of the money re- agricultural loans and Ex-Im Bank son, did do a good job in pushing when portedly was spend on luxury items for high- loans. That is why we should reject he had the effort of ourselves holding ranking communist officials. So U.S. taxpayers this resolution and allow us the oppor- up the waiver. 13,000 people were are now forced to compensate businesses for tunity for Boeing to compete against cleared, but as soon as the waiver was the greed and inefficiency of their partners in Airbus and sell our planes to Vietnam. granted, the clearances slowed right Hanoi. Now Pete Peterson, a good friend of back to a trickle. The only significant human rights conces- mine, has been mentioned as our am- Mr. Speaker, let us not forget the sion the Vietnamese Government made in bassador who spent 6 years as a POW. prisoners of conscience; let us not for- order to get the waiver was to finally begin let- Pete Peterson will never forget, nor get the Catholic priests and the Bud- ting us interview people under the ``ROVER'' will Congress forget the MIAs, and we dhist monks. The religious persecution program (Resettlement Opportunities for Viet- are ripping up highways and searching situation has gotten worse since last namese Refugees). Now I happen to be an in mountains for every clue to find April when additional restrictions on enthusiastic supporter of this program was those MIAs, and we will never forget exercise of religion was put on those prime sponsor of the amendment to ensure the 58,000 soldiers that were lost in people. that the Boat People refugees weren't sent that war. Mr. Speaker, I urge support for the back. ROVR was the compromise, it provide a But it is also time for us to move in gentleman from California’s (Mr. new interview for people who managed to es- a positive way to bring Vietnam into ROHRABACHER) resolution. cape Vietnam but were forced backÐ the community of nations. Mr. Speaker, a few weeks ago the United althought many were refugees. They were Mr. ROHRABACHER. Mr. Speaker, I States sent a representative to Vietnam to promised that as soon as they got back, the yield 2 minutes to the gentleman from conduct a ``human rights dialogue'' with the U.S. would interview them and resettle them if New Jersey (Mr. SMITH) one of the government there. At the conclusion of the they were eligible for our protection. But of most distinguished and ferocious cham- dialogue, the Vietnamese Government issued course the Vietnamese government broke its pions of human rights in this body. a statement essentially denying that the promise. For over a year and a half they hard- (Mr. SMITH of New Jersey asked and United States had any right at all to concern ly let us interview nobody. Finally, when we was given permission to revise and ex- itself with human rights outside its own bor- really held their feet to the fire, they cleared tend his remarks.) ders. Less than two weeks later with the oblig- 13,000 people. But as soon as the waiver was Mr. SMITH of New Jersey. Mr. atory dialogue out of the way, the United granted, the clearances slowed back to a Speaker, a few weeks ago the U.S. sent States sent another representative to Vietnam. trickle. a representative to Vietnam to conduct This one signed an ``agreement in principle'' to In fact, the emigration situation has become a human rights dialog with the govern- give Most Favored Nation status to VietnamÐ worse since the waiver. In the last year, comment there. At the conclusion of the sending a clear message that the Hanoi dicta- munist officials reportedly have been demand- dialogue the Vietnamese government torship can safely ignore everything we say ing much larger bribes in exchange for access issued a statement essentially denying about human rights, and still get what it wants to U.S. refugee programs. An average emi- that the U.S. had any right whatsoever from our government. Because the waiver of grant must pay about one thousand dollars in to concern itself with human rights the Jackson-Vanik freedom of emigration pro- bribesÐmore than three times the average outside of its borders. However, less visions is a prerequisite to MFN, the com- annual salary of Vietnamese workers. In some than 2 weeks later, with the obligatory munist regimeÐand its victimsÐare watching cases, government officials have demanded dialogue out of the way, the U.S. sent today's vote very closely. tens of thousands of dollars from eligible refu- another representative to Vietnam, Let use be clear, Mr. Speaker, on what this gees. and this time we signed an agreement vote is about. It is about U.S. taxpayer sub- Finally, we must not forget the prisoners of in principle to give MFN, or normal sidies for one of the worst dictatorships in the conscience. Hanoi imprisons Catholic priests, trading status to Vietnam, sending a world. Buddhist monks, pro-democracy activists, clear message to the Hanoi dictator- And let's be clear on one other thing: there scholars, and poets. Last April, the regime ship that they can safely ignore every- is no freedom of emigration from Vietnam. If placed additional restrictions on religious exer- thing else we say about human rights there were, there would be no need for a cise and permanently appropriated properties and still get what they want from our waiver. The Administration could simply certify that it had confiscated from different churches. government. that Viet Nam complies with the Jackson- When we complain to the Vietnamese Govern- Mr. Speaker, let us be very clear on Vanik freedom-of-emigration requirement. In- ment, they just respond that ``we have a dif- one thing. There is no freedom of im- stead, by waving the requirement, the Admin- ferent system.'' They need to be persuaded August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6897 that a system like this is not one that Ameri- current situation. I would like to share I think it is also clear that the waiv- cans will subsidize. his thoughts with you today. er helps to empower our ambassador, The lesson is obvious: the Vietnamese Gov- It says, Pete Peterson, who may be the great- ernment has no trouble clearing refugees for Dear Ms. Sanchez: I am still being re- est catalyst for change inside this interview when it really wants to. But once stricted by a police writ which bans me to go country, so that he can continue his they get what they want from us, they have no elsewhere outside my residence. This oppres- work to get Vietnam to improve its interest in allowing people to leave. So we sion causes me to suffer in my home deten- human rights conditions, to improve should disapprove the Jackson±Vanik waiver tion status. Even so, I am not dejected in its labor conditions, to improve its en- this indignant circumstance. I will always at least until the government allows all the ref- aspire for better conditions and freedom and vironmental conditions and so many of ugees to leave: not only the returnees who are democracy for our people. Thank you again. the other issues that are of concern to eligible for the ROVR Program, but also those I pray that global allegiance for democracy all of us here. who never left Vietnam and are still trapped and human rights will spread far and wide as This is not about not being concerned there, including longterm re-education camp we build greater victories for all people. about human rights, labor conditions, survivors and former U.S. Government em- This is one of the many examples of or any of the rest of it. It is about ployees. Many of these people are members human rights abuses which occurs in whether or not we can have a process of the Montagnard ethnic minority who fought Vietnam. The United States must take where we can continue to make valiantly for the U.S. and have suffered greatly a stand on human rights, and we must progress. Unlike the vote last week on ever since. say enough is enough. We have an op- China, where I voted against extending The list of human rights violations goes on portunity to send a signal to Vietnam, the relationship with China because, in and on. Vietnam enforces a ``two-child per that human rights cannot be ignored. fact, there we have gone backwards, couple'' policy by depriving the parents of ``un- Vote ‘‘yes’’ on House Joint Resolu- here we have an opportunity to con- authorized'' children of employment and other tion 58. tinue the progress forward. government benefits. It denies workers the Mr. LEVIN. Mr. Speaker, I yield 1 We will have much debate on the right to organize independent trade unions, minute to the gentleman from Vir- trade agreement and whether or not and has subjected many to forced labor. The ginia, Mr. BOUCHER. that can be justified or not be justified, government not only denies freedom of the (Mr. BOUCHER asked and was given but the fact of the matter is, in this press, but also systematically jams Radio Free permission to revise and extend his re- particular case, the continued waiver Asia, which tries to bring them the kind of marks.) for another year so that we can con- broadcasting they would provide for them- Mr. BOUCHER. Mr. Speaker, I rise tinue to monitor, continue to work selves if their government would allow free- today in support of the President’s de- with the government of Vietnam on all dom of expression. cision to extend the Jackson-Vanik of these issues, is a positive step that Mr. Chairman, the Vietnamese Government waiver for Vietnam and in strong oppo- we should and can take today. and its victims will both be watching this vote. sition to the resolution of disapproval. Mr. Speaker, I rise in opposition to H.J. Res. We must send the message that economic The Jackson-Vanik waiver process is 58 so that we might continue the existing benefits from the United States absolutely de- designed to promote immigration from waiver of the Jackson-Vanik restrictions as pend on decent treatment of Vietnam's own countries that do not have market they apply to Vietnam. people. We may not be able to insist on per- economies. In the case of Vietnam, the Mr. Speaker, I had the opportunity to travel fection, but we must insist on minimal de- waiver is working as intended. to Vietnam earlier this year on official business cency. Since the waiver was granted, Viet- to attend an international environmental con- Mr. MCNULTY. Mr. Speaker, I yield nam has made steady progress under ference, to inspect labor conditions at factories 21⁄2 minutes to the gentlewoman from both the ROVR and the orderly depar- that subcontract for United States manufactur- California (Ms. SANCHEZ) who rep- ture programs. If the waiver is re- ers, and to meet with our Embassy officials on resents the largest number of Viet- scinded through the passage of this res- a broad range of United States-Vietnam namese Americans in the country. olution, that progress, which depends issues. Ms. SANCHEZ. Mr. Speaker, I would entirely upon the cooperation of the Vietnam today is a country struggling to be- like to ask my colleagues to explain to Vietnamese government, will almost come a player in the global economic market. Dr. Giang why the Communist govern- certainly be reversed. It is once again a major agricultural power and ment of Vietnam should be rewarded We have now negotiated a bilateral is the world's second largest exporter of rice. and granted the Jackson-Vanik waiver. trade agreement with Vietnam and Hundreds of foreign companies are investing On March 4 of this year, Dr. Giang was progress is being made on human in this nation of 80 million people, the 12th a respected geophysicist and writer and rights and on religious freedom mat- largest population in the world, because of its was arrested in Hanoi for allegedly pos- ters. key role in Asia and its educated and diligent sessing anti-Communist documents. I urge the Members to reject this res- work force. Most of the representatives of Unfortunately, this was not the first olution and, in doing so, to give a vote American businesses with whom I spoke in time that he had been harassed by the of confidence to the very fine work of Vietnam praise the local business opportuni- authorities for peacefully expressing our former colleague, the Ambassador ties and actively promote the normalization of his viewpoints. to Vietnam, Pete Peterson, and his ex- economic relations so that trade between the In January of 1997, he wrote an essay cellent staff, under whose guidance this United States and Vietnam, now less than and argued the universality of human outstanding progress is being made. $300 million a year, can expand and invest- rights and concluded that the world Mr. LEVIN. Mr. Speaker, I yield 1 ment can flourish. needs to unite its actions for human minute to the distinguished gentleman The conditions for waiving Jackson-Vanik rights. from California (Mr. GEORGE MILLER). are quite specific, and in my view, Vietnam (Mr. GEORGE MILLER of California has met those tests and should again be b 1645 asked and was given permission to re- granted the waiver as it was last year by near- In March of 1997, Dr. Giang was also vise and extend his remarks.) ly 100 vote margin in the House. Jackson- summoned to appear before the Com- Mr. GEORGE MILLER of California. Vanik was developed to use our economic le- munist Party for a session of public ac- Mr. Speaker, earlier this year I had an verage to force political and immigration re- cusation. After a storm of inter- opportunity to travel to Vietnam and forms, and it has had the desired effect in national protest of governments and to talk to members of the business Vietnam where we have seen significant and human rights organizations, Dr. Giang community, to the international envi- steady movement towards expanded emigra- was finally released. In fact, I went to ronmental community, to workers, to tion. Vietnam in April to try and find him. representatives of labor organizations, Our Ambassador, who is our former col- Officials in communist-ruled Vietnam and to U.S. manufacturers and had an league and a distinguished Vietnam veteran, never explained to Giang why he was opportunity to travel throughout the Pete Peterson, has documented broad co- arrested on March 4 or formally country. I think that my conclusion is operation by the Vietnamese government with charged. that the waiver can continue to be jus- the emigration program and has even noted In my hand, I have a copy of a letter tified because of the progress that is that in some cases, it has been impossible to that he sent to my office detailing his being made. fill the slots allocated for some categories of H6898 CONGRESSIONAL RECORD — HOUSE August 3, 1999 applicants. Ambassador Peterson has also sage to Vietnam, and that by moving Party said on Monday that Hanoi would not noted expanding religious activity and I was forward in the area of Jackson-Vanik, tolerate a multi-party system. able to observe the expanded construction of we are giving them the idea that they ‘‘The Communist Party of Vietnam is the can get away with the type of repres- leader of Vietnam’s entire society, we will churches in northern Vietnam. Lastly, the Viet- not accept any other parties or a multi-party namese and United States governments now sion that they have been getting away system,’’ said Dao Duy Quat, deputy head of operate a Joint Task Force that conducts with and still have better trading rela- the party’s powerful Ideology and Culture interviews, archaeological digs, genetic test- tions and make more money off their Commission. He was speaking at a rare news ing, and other efforts to locate the remains of relations with the United States. conference held for foreign media and dip- United States soldiers and pilots. Nearly 400 I have something here, a report just lomats that discussed party-building and a remains have been repatriated since the end yesterday, August 2, talking about in two-year criticism and self-criticism cam- of the war, several just this past month. Hanoi where the government in Hanoi paign. has declared they will not tolerate any But one veteran diplomat in Hanoi was un- Vietnam has a considerable way to go to convinced, questioning how legitimacy could fully open its economy and bring it into con- other political parties except the Com- munist Party of Vietnam. I will submit be gauged when Vietnam’s vast internal se- formity with international standards on trans- curity machine went to such lengths to iso- parency. Moreover, I remain concerned by the both of those for the record. late or silence contradictory voices. ‘‘They Let us get right down to brass tacks. continued denial of labor rights by the govern- want power, on that there is no com- Over this last year since we came here ment, including the fundamental right to join promise,’’ he said. ‘‘They stamped out all op- and went along with the Jackson- an independent labor union. Some of these position in the past—even those groups that Vanik waiver that this administration issues will be addressed when we have the supported the same aims—and see absolutely has decided to give to the communist no reason to liberalise.’’ opportunity later this year to debate the United government of Vietnam, there has been Some foreign governments and inter- States-Vietnam Trade Agreement. no human rights progress. There has national human rights groups say Vietnam Last week, this House voted on granting been no political parties that have been imprisons people for the peaceful expression normal trade relations to China, and many able to be formed. There has been no of political or religious beliefs—a charge members took the floor to denounce, rightly I that Hanoi denies. Quat said the party would more free speech. There has been no ex- not repress minority views unless people vio- believe, that nation's continued repressive amples whatsoever of more freedom of government and its unacceptable human lated the law. Anti-socialist activities in the press. There have been many exam- Vietnam are treated as a crime. rights record. It is terribly important that, dur- ples also of repression of religious indi- ing this current debate, we distinguish what is viduals. So we have no progress on that MEMORANDUM different in Vietnam from the Chinese exam- front whatsoever. JOINT VOLUNTARY AGENCY ORDERLY DEPAR- ple. For Vietnam has made and continues to I would hope that my colleagues, TURE PROGRAM, AMERICAN EMBASSY, BANG- make major steps forward on economic re- maybe they can enlighten me to the KOK, JULY 14, 1999 form, is cooperating on emigration and MIA parties that are springing up in opposi- Re request for refugee statistics and assess- issues, and is showing promising signs of po- tion to the Communist Party or these ment of ODP cases. litical liberalization. If we see retrenchment in other examples of freedom of speech or ODP Cases: The Socialist Republic of Viet- Hanoi, then I believe many of those who today freedom of press or freedom of religion nam has frequently determined applicants are prepared to vote for this waiver and for ex- that are nonexistent. Please, tell us did not meet ODP criteria, despite our con- panded trade between our countries will re- about that. firmation that they did; many applicants are No, that does not exist in Vietnam. still awaiting interview authorization. . . . consider their decision. As of July 9th, there are 3,432 ODP refugee We vote to waive Jackson-Vanik in recogni- That is why we will not hear about applicants and 747 ROVR applicants awaiting tion of Vietnam's changing political system that and have not heard about it in Vietnamese Government authorization for and to encourage further liberalization. But un- this debate. interview. .. . ODP has continually received derstand that the Congress and the American A constituent of mine, Mr. Ku Noc requests from applicants for assistance in people are serious about assuring that open Dong, went back to Vietnam. He is an dealing with local officials; many applicants trade is also fair trade: that working men and American of Vietnamese descent. He originally applied to ODP as long ago as 1988 women in America are assured that their went back, and within 1 day he was but have yet to be given authorization by counterparts in Vietnam labor under reason- thrown in jail. For what? For passing the Vietnamese Government to attend an out leaflets talking about liberty and interview. able conditions and with the enjoyment of Impact of Jackson-Vanik Waiver: It would basic human and labor rights recognized by justice. He is imprisoned as we speak. Do not tell me there has been human not appear that Jackson-Vanik had a telling international law. impact on ODP activities. . . . Staff are of The continued waiver of the Jackson-Vanik rights progress in Vietnam. There has the opinion that there has been little, if any, restrictions should be voted by the House to- been none, and by moving on this legis- indication of improvement in the Viet- night to recognize Vietnam's steady steps to- lation, we are giving the stamp of ap- namese Government’s efforts to deal with re- wards reform. Similarly, the Congress should proval of this Congress on that type of maining ODP cases. expect that the waiver of Jackson-Vanik will behavior by this regime. Mr. LEVIN. Mr. Speaker, I yield 30 Let me just suggest something else. promote a continuation of democracy in Viet- seconds to the gentleman from Florida We have heard about the progress in nam, unlike the China case where despite ex- (Mr. DEUTSCH). MIA/POWs. I totally reject that con- panded trade relations, political reform has Mr. DEUTSCH. Mr. Speaker, I, along tention. I am afraid that some of our with I think probably 30 of my col- worsened. other Members, including our former Mr. ROHRABACHER. Mr. Speaker, I leagues last week, had an interesting distinguished Member, Mr. Peterson, yield myself such time as I may con- dinner meeting with Bob McNamara. If are sadly misinformed about what is sume. there is any lesson that he has learned going on in this effort. Mr. Speaker, Jackson-Vanik, this in looking back on Vietnam, it is real- I have two pictures that were taken waiver we are talking about, yes, it that I would submit for the record of ly hearing and receiving, giving the deals with immigration. For the MIA/POWs who were incarcerated in wrong messages and not talking to record, I have a statement issued by Vietnam. Their remains were never re- each other. We really have an oppor- the United States embassy in Bangkok turned. Plus, none of the records of the tunity right now to heed some of the on July 14 of this year stating that the prisons that held our POWs has ever lessons that he talked about. orderly departure program has some been made available to us after re- Vietnam is making progress, con- severe problems. So much for all the quests for those records of 5 years. trary to the previous speaker. There is progress we have made for Jackson- Mr. Speaker, I would suggest that a great deal of evidence which our Vanik just in terms of the immigration this body vote against the Jackson- former colleague, the Ambassador, has issue. Vanik waiver, and send the Vietnamese articulated to us, and the press has as We are also told that there has been communists a message that we stand well. It is a relationship that can con- so much progress in other areas, espe- for freedom. tinue to be good for the United States cially in the area of democratization, VIETNAM COMMUNISTS SAY TO KEEP SINGLE- as we are moving a young nation to- which is not directly to Jackson- PARTY SYSTEM wards moving into the community of Vanik. But the fact is today all of us HANOI, Aug. 2, 1999 (Reuters).—A top ideo- nations, of living within international understand that we are sending a mes- logue from Vietnam’s ruling Community standards. It is a region in the world August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6899 that for 4,000 years has faced uncer- gious Freedom, this was in July, last The U.S. should be keeping the pressure on tainty and conflict. month, mentioning that three-fourths Vietnam to improve its human rights record, What we are talking about is normal of the population are nominally Bud- not rewarding them. trading relationships. That is really dhist now, an estimated 6 to 7 million MONK URGES HANOI TO FREE BUDDHIST LEADER what the issue is about. Obviously peo- are Roman Catholics, and there are a (By Andy Soloman) ple can see it differently, but I urge the variety of other religious affiliations, HO CHI MINH CITY, Vietnam, Aug. 3 (Reu- defeat of the resolution. including Mormons in Vietnam. In ad- ters)—A dissident Buddhist monk in Viet- Mr. MCNULTY. Mr. Speaker, I yield dition to that, they are growing in pop- nam has demanded the country’s communist myself the balance of my time. ulation. rulers immediately release from detention Mr. Speaker, as I grow older, I try to the aged patriarch of the banned Unified I think further that it is important Buddhist Church of Vietnam (UBCV). keep my priorities in proper order. I for us to recognize that in the last na- Thich Quang Do, head of the UBCV’s Insti- am not always successful at that, but I tional election there, and that was last tute for the Propagation of the Dharma and work at it. That is why when I get up year, this was not an absolute Com- a former long-term political prisoner, said every morning, the first two things munist dictatorship in place. There 80-year-old Thich Huyen Quang should either that I do are to thank God for my life were almost two candidates running in be tried or unconditionally released. and veterans for my way of life, be- every race for their national assembly, The patriarch is detained at Quang Phuoc cause had it not been for my brother pagoda in central Quang Ngai province. The 800, and 450 seats. The result was the United Nations and international human Bill and all those who gave their lives election of 61 National Assembly mem- groups say he has been held without trial in service to this country through the bers who are not members of the Com- since 1981. years, had it not been for people like munist party, and as indicated earlier, Hanoi rarely makes mention of Quang, but SAM JOHNSON and Pete Peterson and one of those 61 was a major in the routinely denies it detains or jails people for JOHN MCCAIN, who endured the torture South Vietnamese army, a former the peaceful expression of religious or polit- as prisoners of war, had it not been for major. ical views. people like Pete Dalessandro, a World ‘‘On what grounds have they detained him We have also something else, I think, for nearly 20 years?’’ Do said in a recent War II Congressional Medal of Honor to keep in mind. That is a point that interview at the Buddhist monastery where winner from my district who was just the gentleman from California (Mr. he lives in the former Saigon. laid to rest last week in our new Vet- CUNNINGHAM) brought up, the response ‘‘If he is guilty of a crime he should be put erans National Cemetery in Saratoga, he got from a Communist he spoke to on trial, but they can find no (legitimate) if it had not been for them and all of while he was there who said that they reasons.’’ the men and women who wore the uni- Quang and Do were prominent Buddhists cannot advance free trade because that who led protests in the former South Viet- form of the United States military would put him out of a job. Think nam against the U.S.-backed Saigon regime through the years, I would not have the about that for a moment, Mr. Chair- during the Vietnam War. privilege of going around bragging man, a Communist cannot participate ‘‘During the night there is nobody, he is about how I live in the freest and most in the advancement of free trade be- alone. We are very worried about his health open democracy on the face of the cause that will put him, a Communist, during the night. If anything happened to Earth. Freedom is not free. We paid a him there would be nobody to help,’’ Do said. out of a job; to which I say, amen. That He added that Quang has no official docu- tremendous price for it. is a fringe benefit. ments or identity papers and is therefore un- So today, Mr. Speaker, based upon The immediate benefit is the mate- able to travel. the comments that I made earlier and rial benefits to the people of Vietnam, ‘‘All his visitors are checked and ques- on behalf of all 2,063 Americans who and the material benefits here as we tioned. We ask for international help to put are still missing in Southeast Asia, I advance down that path creating ex- pressure and use influence to press the government to release him as soon as possible,’’ ask my colleagues to join me, the panded free trade worldwide. American Legion, the National League Do said. I would remind Members also, this is Following World War Two, Quang led Bud- of POW/MIA Families, the National Al- not a vote on normal trade relations. dhists against French colonial forces, but he liance of POW/MIA Families, the Na- This simply provides an expanded op- also opposed the communist Viet Minh, who tional Vietnam Veterans Coalition, the portunity for increased business con- jailed him from 1952–54. Veterans of the Vietnam War and the tact in Vietnam. I would urge all of my In the years following the end of the Viet- Disabled American Veterans in sup- nam War in 1975, the victorious communists colleagues to vote no on H.R. 58. I banned the UBCV and replaced it with the porting this resolution of disapproval. think it is in the best interests of our Mr. CRANE. Mr. Speaker, I yield my- state-sponsored Vietnam Buddhist Church. country and the best interests of the Quang, Do and other UBCV activists re- self the balance of my time. people of Vietnam. mained a constant thorn in the side of the Mr. Speaker, there have been argu- Mr. WOLF. Mr. Speaker, I rise in strong Hanoi authorities. ments raised here, ones that I think In March, 72-year-old Do secretly travelled are worth listening to by all of us, re- support of H.J. Res. 58. I do so because I am for his first meeting with Quang in 18 years, gardless of our position on the issues, deeply concerned about the human rights situ- but he was detained by police and questioned and I respect the disagreements that I ation in Vietnam which has not improved de- for hours before being escorted back to Ho spite normalization of relations between the Chi Minh City. have with some of my colleagues, but I Abdelfattah Amor, the U.N. Special think personally that if you examine U.S. and Vietnam. Religious persecution has continued to in- Rapporteur for Religious Intolerance, in a the evidence, you will realize that the visit to Vietnam last October, said he was hope for mankind in the future lies in tensify. I submit for the RECORD a recent Reu- prevented from travelling to meet the patri- moving down this path of expanding ters story about The Venerable Thich Quang arch and was physically barred by security our relationships with one another and Do, head of the Unified Buddhist Church of personnel from meeting Do. especially expanding our economic re- Vietnam (UBCV). This 80-year-old Buddhist In a report, Amor slammed Vietnam for failing to allow basic religious freedoms—a lationships. leader has been in prison for over twenty years. Before we rush down the path of pro- charge Hanoi rejected. b 1700 viding U.S. taxpayer dollars to businesses Do, who has spent much of the last 20 years under detention or in prison, was freed under Keep in mind, too, that as Ambas- wanting to get into Vietnam, we must consider an amnesty last September after serving sador Peterson told a group of us this people like Thich Quang Do. three-and-a-half years of a five-year sentence morning, 65 percent of the population Earlier this year, the Religious Liberty Com- for offenses connected with attempts to send over there has been born since the end mission of the World Evangelical Fellowship relief supplies to flood victims in 1994. of the Vietnam War. The overwhelming issued a report describing the intense perse- The SPEAKER pro tempore (Mr. majority of these people know nothing cution of Christians in the Hmong minority BURR of North Carolina). All time for about it except what they have heard group in Vietnam's Northwest province and as debate has expired. from those who preceded them. well as members of the Hre and Bahnar mi- Pursuant to the order of the House of In that regard, I think it is impor- nority groups. It has pages and pages of testi- Friday, July 30, 1999, the joint resolu- tant to note, too, that we have a recent mony from persecuted believers and edicts tion is considered as read for amend- report that just came out from the U.S. from the Vietnamese government regarding its ment, and the previous question is or- Ambassador for International Reli- anti-religion policies. dered. H6900 CONGRESSIONAL RECORD — HOUSE August 3, 1999 The question is on the engrossment Crowley Kilpatrick Pomeroy The result of the vote was announced Cubin Kind (WI) Portman and third reading of the joint resolu- Cummings Kleczka Price (NC) as above recorded. tion. Danner Klink Pryce (OH) Mr. SERRANO. Mr. Speaker, on rollcall no. The joint resolution was ordered to Davis (FL) Knollenberg Quinn 365, it has been brought to my attention that be engrossed and read a third time, and Davis (IL) Kolbe Rahall I was recorded as voting AYE. I seem to recall DeFazio Kucinich Ramstad was read the third time. DeGette Kuykendall Rangel pressing the red button for a NAY vote. So The SPEAKER pro tempore. The Delahunt LaFalce Reyes that there is no misunderstanding of my posi- question is on the passage of the joint DeLauro Lampson Reynolds tion, I wish for the record to indicate that I DeLay Largent Rodriguez resolution. DeMint Larson Roemer should be recorded as a NO vote. The question was taken; and the Deutsch Latham Rogers Speaker pro tempore announced that Dickey LaTourette Roukema f Dicks Leach Roybal-Allard the noes appeared to have it. Dingell Lee Rush Mr. MCNULTY. Mr. Speaker, I object Dixon Levin Ryan (WI) APPOINTMENT OF CONFEREES ON to the vote on the ground that a Doggett Lewis (CA) Sabo H.R. 2587, DISTRICT OF COLUMBIA quorum is not present and make the Dooley Lewis (GA) Salmon Doyle Lewis (KY) Sandlin APPROPRIATIONS ACT, 2000 point of order that a quorum is not Dreier Linder Sanford Mr. ISTOOK. Mr. Speaker, I ask present. Dunn Lipinski Sawyer unanimous consent to take from the The SPEAKER pro tempore. Evi- Edwards Lowey Schakowsky Ehlers Lucas (KY) Scott Speaker’s table the bill (H.R. 2587) dently a quorum is not present. Engel Lucas (OK) Sensenbrenner making appropriations for the govern- The Sergeant at Arms will notify ab- Eshoo Luther Sessions ment of the District of Columbia and sent Members. Etheridge Maloney (CT) Shaw Evans Maloney (NY) Shays other activities chargeable in whole or The vote was taken by electronic de- Ewing Manzullo Sherman in part against revenues of said Dis- vice, and there were—yeas 130, nays Farr Markey Sherwood trict for the fiscal year ending Sep- 297, not voting 6, as follows: Fattah Mascara Shimkus Filner Matsui Shows tember 30, 2000, and for other purposes, [Roll No. 365] Fletcher McCarthy (MO) Simpson with a Senate amendment thereto, dis- YEAS—130 Foley McCarthy (NY) Sisisky agree to the Senate amendment, and Ford McCrery Skeen Aderholt Green (WI) Regula agree to the conference asked by the Fossella McGovern Skelton Andrews Gutknecht Riley Fowler McHugh Smith (MI) Senate. Baker Hall (TX) Rivers Frank (MA) McInnis Smith (WA) The SPEAKER pro tempore (Mr. Barcia Hansen Rogan Franks (NJ) McIntosh Snyder Barr Hayes Rohrabacher BURR of North Carolina). Is there ob- Frost McKeon Spratt Bartlett Hayworth Ros-Lehtinen Gallegly Meehan Stabenow jection to the request of the gentleman Barton Hefley Rothman Ganske Meek (FL) Stark from Oklahoma? Bilirakis Hill (MT) Royce Gejdenson Meeks (NY) Stenholm Bonilla Hilleary Ryun (KS) Mr. MORAN of Virginia. Mr. Speak- Gekas Millender- Sununu Bonior Hoekstra Sanchez er, reserving the right to object, we Gephardt McDonald Tancredo Bono Holden Sanders Gilchrest Miller, George Tanner have no objection to this motion. We Brown (OH) Hostettler Saxton Gonzalez Minge Tauscher do want to use this opportunity, Bryant Hunter Scarborough Goodlatte Mink Tauzin Burton Hutchinson Schaffer though, to thank the gentleman from Gordon Moakley Taylor (MS) Buyer Hyde Serrano Goss Moore Terry Oklahoma (Chairman ISTOOK) and con- Canady Jackson-Lee Shadegg Granger Moran (KS) Thomas gratulate him for the 333 to 92 vote on Carson (TX) Shuster Greenwood Moran (VA) Thompson (CA) Chabot Jenkins Slaughter final passage of the D.C. appropriations Gutierrez Morella Thompson (MS) Chenoweth Johnson, Sam Smith (NJ) bill. Hall (OH) Murtha Thurman Coble Jones (NC) Smith (TX) Hastings (FL) Myrick Tiahrt I do not know that anybody in this Coburn Kasich Souder Hastings (WA) Nadler Tierney body is aware of this, but over the past Collins Kelly Spence Herger Napolitano Toomey Cook Kennedy Stearns 20 years, no D.C. appropriations bill Hill (IN) Neal Udall (CO) Costello King (NY) Strickland Hilliard Nethercutt Udall (NM) has ever passed the House of Rep- Cox Kingston Stump Hinchey Ney Upton resentatives with a higher margin of Cunningham LaHood Stupak Hinojosa Northup Vitter Davis (VA) Lazio Sweeney votes. This strong bipartisan support Hobson Nussle Walden Deal LoBiondo Talent reflects a vote of confidence on a num- Hoeffel Oberstar Walsh Diaz-Balart Lofgren Taylor (NC) Holt Obey Waters ber of positive developments in the dis- Doolittle Martinez Thornberry Hooley Olver Watkins trict. It is important to understand Duncan McCollum Thune Horn Ortiz Watt (NC) Ehrlich McIntyre Towns that that was unprecedented, virtually Houghton Ose Watts (OK) Emerson McKinney Traficant Hoyer Owens Waxman unprecedented to get that kind of mar- English McNulty Turner Hulshof Oxley Weiner gin of support for a D.C. appropriations Everett Menendez Velazquez Inslee Packard Weller Forbes Mica Vento bill. Isakson Pallone Wexler Frelinghuysen Miller (FL) Visclosky It is really for three reasons, a strong Istook Pascrell Weygand Gibbons Miller, Gary Wamp Jackson (IL) Pastor Whitfield fiscal picture that includes a budget Gillmor Norwood Weldon (FL) Jefferson Payne Wicker surplus that will make it possible for Gilman Paul Weldon (PA) John Pease Wilson Goode Pelosi Wolf the first time in a decade to cut any Johnson (CT) Peterson (MN) Wise Goodling Pombo Wu Johnson, E. B. Petri Woolsey taxes for D.C. businesses and residents. Graham Porter Young (AK) Jones (OH) Phelps Wynn We have got a new mayor and city Green (TX) Radanovich Kanjorski Pickering Young (FL) council who are committed to revital- NAYS—297 Kaptur Pickett izing the district, its businesses, its in- Kildee Pitts Abercrombie Berry Camp frastructure and schools, and its public Ackerman Biggert Campbell NOT VOTING—6 services. Allen Bishop Cannon Bilbray McDermott Mollohan Thirdly, we have a new chairman Archer Blagojevich Capps Lantos Metcalf Peterson (PA) Armey Bliley Capuano who has made every effort to famil- Bachus Blumenauer Cardin b 1722 iarize himself with the affairs of the Baird Blunt Castle District and played a fair and an even Baldacci Boehlert Chambliss Mr. DAVIS of Illinois and Mr. POM- Baldwin Boehner Clay EROY changed their vote from ‘‘yea’’ hand with District officials, with the Ballenger Borski Clayton to ‘‘nay.’’ gentlewoman from the District of Co- Barrett (NE) Boswell Clement Messrs. HAYWORTH, KINGSTON, lumbia (Ms. NORTON), and with myself. Barrett (WI) Boucher Clyburn Bass Boyd Combest STRICKLAND, GIBBONS, ROTHMAN, I believe the strong bipartisan sup- Bateman Brady (PA) Condit BUYER, SMITH of Texas, and port, however, also reflects confidence Becerra Brady (TX) Conyers WELDON of Florida changed their vote that at least two of the riders that Bentsen Brown (FL) Cooksey both the administration and many in Bereuter Burr Coyne from ‘‘nay’’ to ‘‘yea.’’ Berkley Callahan Cramer So the joint resolution was not Congress have objected to can be modi- Berman Calvert Crane passed. fied in conference. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6901 I am speaking of the commitment of is a privately funded needle program Indeed, Mr. Speaker, it was not until the gentleman from Oklahoma (Chair- operated. We certainly do not intend he retired from this body that this cor- man ISTOOK) to revisit provisions re- anything that would go beyond the lan- ner back here became known as the stricting the District from using even guage the President signed into law Pennsylvania Corner. Prior to that, it its own funds to pursue legal redress in last year. was known only as the West Virginia Federal court on its voting rights I do not think we are in a position Corner. claim. where he would take the extreme ac- He will be sorely missed by West Vir- tion of vetoing something, but I look ginians who will remember his dedica- b 1730 forward to working with the gentleman tion, his compassion, and his thought- The amendment of the gentlewoman on this and all other issues in this con- ful, caring nature. Robert Mollohan from the District of Columbia (Ms. ference. was greatly beloved by his people for NORTON) to allow local funds to be used Mr. MORAN of Virginia. Mr. Speak- his tireless efforts to bring quality and on this lawsuit lost on a tie vote, and er, reclaiming my time, I will just con- dignity to the lives of West Virginians, the chairman of the appropriations clude that the President has indicated and for his deep personal commitment subcommittee has given us a commit- that if we could get that language that to making sure that their government ment that he will try to fix that be- said no Federal funds could be used for served them well. cause it was so close in the House. such a program, that would certainly But more, he will be missed by his The second issue is the needle ex- be acceptable to him, and I believe to family. Our thoughts and prayers go change program. As my colleagues the body of this House, in the con- out to Mrs. Robert, Helen, Mollohan, know, the amendment offered by the ference report. who survives her husband, and to his gentleman from Kansas (Mr. TIAHRT) But again let me conclude where I son, Representative ALAN B. MOL- prohibits the use of Federal or local started. I thank the chairman for his LOHAN, his wife, Barbara, and children, funds for any needle exchange program cooperation and his leadership on this and to other family members as they in the District. The amendment goes bill. mourn the great loss of a husband, fa- even further to prevent any private or- Mr. Speaker, I withdraw my reserva- ther, and grandfather, Robert H. Mol- ganization or individual from offering tion of objection. lohan. a needle exchange program if they are The SPEAKER pro tempore (Mr. f in receipt of other Federal funds. BURR of North Carolina). Is there ob- This amendment ties the hands of jection to the request of the gentleman REPORT ON RESOLUTION PRO- the District to respond to a public from Oklahoma? VIDING FOR CONSIDERATION OF health crisis. D.C. has the highest rate There was no objection. H.R. 2670, DEPARTMENTS OF of HIV infection in the United States, The SPEAKER pro tempore. Without COMMERCE, JUSTICE, AND and intravenous drug use is the second objection, the Chair appoints the fol- STATE, THE JUDICIARY AND RE- leading cause. It is the most likely lowing conferees: Messrs. ISTOOK, LATED AGENCIES APPROPRIA- cause that we can reduce with action CUNNINGHAM, TIAHRT, ADERHOLT, Mrs. TIONS ACT, 2000 that we might take, or at least ena- EMERSON, and Messrs. SUNUNU, YOUNG Mr. REYNOLDS, from the Com- bling the District to take such action. of Florida, MORAN of Virginia, DIXON, mittee on Rules, submitted a privi- It is wrong that the District suffers MOLLOHAN and OBEY. leged report (Rept. No. 106–284) on the from the most restrictive language of There was no objection. resolution (H.Res. 273) providing for any other city in the country, ham- f the consideration of the bill (H.R. 2670) pering its ability to stem the spread of making appropriations for the Depart- AIDS. No such ban would ever be con- ANNOUNCEMENT OF PASSING OF ROBERT H. MOLLOHAN, FORMER ments of Commerce, Justice, and sidered in any other jurisdiction where State, the Judiciary and related agen- the other 113 needle exchange programs MEMBER OF THE HOUSE FROM WEST VIRGINIA cies for the fiscal year ending Sep- are operated throughout the country. tember 30, 2000, and for other purposes, Since the Senate is silent on restrict- (Mr. RAHALL asked and was given which was referred to the House Cal- ing the District’s needle exchange pro- permission to address the House for 1 endar and ordered to be printed. minute.) gram, many are confident that this f language will be modified in con- Mr. RAHALL. Mr. Speaker, it is with ference. I hope this will be the case so a great deal of sorrow that I rise to an- WORKPLACE PRESERVATION ACT that the final conference report will be nounce to the body the passing of a Mr. REYNOLDS. Mr. Speaker, by di- a document we can all support and, former Member of the House of Rep- rection of the Committee on Rules, I thus, will be signed by the President. resentatives from West Virginia, Rob- call up House Resolution 271 and ask Mr. Speaker, I thank the chairman ert H. Mollohan. for its immediate consideration. for letting us express our views on this Bob Mollohan served the United The Clerk read the resolution, as fol- again. We are not going to try to in- States Senate early in his career as lows: struct the conferees. We had an over- Clerk of the Senate Committee on the H. RES. 271 whelmingly positive vote, I hope we District of Columbia from 1949 to 1952. Resolved, That at any time after the adop- can continue that spirit in conference, He was elected to this body in 1953, tion of this resolution the Speaker may, pur- and I hope we can bring back a bill to where he served until 1957, at which suant to clause 2(b) of rule XVIII, declare the this floor that will get the same type of time he ran for governor of West Vir- House resolved into the Committee of the overwhelming vote in support of it and ginia. Whole House on the state of the Union for get a bill signed by the President. He returned to the House in the 91st consideration of the bill (H.R. 987) to require Mr. ISTOOK. Mr. Speaker, will the Congress, serving from 1969 to 1983 the Secretary of Labor to wait for comple- when he retired, and returned to the tion of a National Academy of Sciences gentleman yield? study before promulgating a standard or Mr. MORAN of Virginia. I yield to family insurance business in Fairmont, guideline on ergonomics. The first reading of the gentleman from Oklahoma. West Virginia. the bill shall be dispensed with. General de- Mr. ISTOOK. Mr. Speaker, I very Bob Mollohan is the father of our dis- bate shall be confined to the bill and shall much appreciate the gentleman’s very tinguished colleague and dear friend, not exceed one hour equally divided and con- positive comments, and like him, I am ALAN B. MOLLOHAN, who succeeded his trolled by the chairman and ranking minor- committed to accenting the positive on father when he was first elected to fill ity member of the Committee on Education this bill. his seat in 1982. and the Workforce. After general debate the As we know, I certainly made a com- Robert Mollohan served with distinc- bill shall be considered for amendment under mitment, which I intend to honor fully, tion during his time in the House, the five-minute rule for a period not to ex- working for the people of his Congres- ceed two hours. The bill shall be considered regarding working something out on as read. During consideration of the bill for the local funding of the litigation that sional District for 17 years. He was a amendment, the Chairman of the Committee the gentleman described. compassionate and caring representa- of the Whole may accord priority in recogni- We are both aware of the issues sur- tive of his people, and a pillar of his tion on the basis of whether the Member of- rounding the needle program, and there community throughout his lifetime. fering an amendment has caused it to be H6902 CONGRESSIONAL RECORD — HOUSE August 3, 1999 printed in the portion of the Congressional OSHA from promulgating an single largest cause of injury-related Record designated for that purpose in clause ergonomics standard until the National lost workdays, with nearly 650,000 lost- 8 of rule XVIII. Amendments so printed shall Academy of Sciences completes its time injuries each year. These injuries be considered as read. The Chairman of the study and reports the results to Con- are found in every sector of our econ- Committee of the Whole may: (1) postpone until a time during further consideration in gress. omy and cause real pain and suffering. the Committee of the Whole a request for a Mr. Speaker, this body has long been Women workers are particularly vic- recorded vote on any amendment; and (2) re- concerned with the issue of sound sci- timized by ergonomic injuries and ill- duce to five minutes the minimum time for entific definitions of these types of ness. They represent 69 percent of electronic voting on any postponed question workplace injuries. This bill merely re- workers who lose time due to carpal that follows another electronic vote without quires OSHA to base their definitions tunnel syndrome, 63 percent of those intervening business, provided that the min- on sound, scientific data. who suffer repetitive motion injuries, imum time for electronic voting on the first Last year, Congress authorized and and 61 percent who lose work time to in any series of questions shall be 15 min- American taxpayers paid almost $1 utes. At the conclusion of consideration of tendonitis. million for the nonpartisan National the bill for amendment the Committee shall b 1745 rise and report the bill to the House with Academy of Sciences to conduct a com- such amendments as may have been adopted. prehensive study of all the available In fact, Mr. Speaker, nearly half of The previous question shall be considered as scientific literature examining the all injuries and illnesses to women ordered on the bill and amendments thereto cause-and-effect relationship between workers are due to ergonomic hazards. to final passage without intervening motion repetitive tasks in the workplace. The Mr. Speaker, H.R. 987 proposes for at except one motion to recommit with or with- study is currently underway and is ex- least another year and a half the pro- out instructions. pected to be completed within a 2-year mulgation of a rule that will provide The SPEAKER pro tempore. The gen- time frame, and would be ready by needed health and safety standards for tleman from New York (Mr. REYNOLDS) mid-2001. American workers. There is sound sci- is recognized for 1 hour. Mr. Speaker, the study of ergonomics entific evidence that shows that work- Mr. REYNOLDS. Mr. Speaker, for is one of OSHA’s top priorities. This place factors cause musculoskeletal in- purposes of debate only, I yield the cus- bill recognizes the importance of this juries and that show these injuries can tomary 30 minutes to the gentleman study and requires that the most up-to- be prevented. from Texas (Mr. FROST), pending which date scientific information is analyzed Many employers have seen the ben- I yield myself such time as I may con- and included. This bill will in no way efit in improving workplace conditions sume. During consideration of this res- prohibit or deny OSHA the opportunity to prevent these injuries and have, as a olution, all time yielded is for the pur- to create these standards. Rather, it result, seen injuries fall and produc- pose of debate only. will make sure that we get the most tivity rise. House Resolution 271 is a modified accurate information based on sound If the Republican majority really open rule, providing for the consider- science. wanted to do something for working ation of H.R. 987, the Workplace Pres- Mr. Speaker, I would like to com- men and women in this country, they ervation Act. mend the chairman of the Committee would drop their opposition to these The purpose of this legislation is to on Education and the Workforce, the workplace protections and withdraw ensure that the National Academy of gentleman from Pennsylvania (Mr. this bill. Sciences completes and submits to GOODLING) and the gentleman from I urge a ‘‘no’’ vote on the rule pro- Congress its study of a cause-and-effect Missouri (Mr. BLUNT), the sponsor of viding for consideration of H.R. 987 and relationship between repetitive tasks this legislation. I urge my colleagues a ‘‘no’’ vote on the bill. in the workplace and physical disorders to support both this rule and the un- Mr. Speaker, I reserve the balance of or repetitive stress injuries before derlying bill. my time. issuing standards or guidelines on Mr. Speaker, I reserve the balance of Mr. REYNOLDS. Mr. Speaker, I yield ergonomics. my time. 3 minutes to the gentleman from North The rule provides for 1 hour of gen- Mr. FROST. Mr. Speaker, I yield my- Carolina (Mr. BALLENGER.) eral debate, equally divided and con- self such time as I may consume. Mr. BALLENGER. Mr. Speaker, I trolled by the chairman and the rank- Mr. Speaker, the Republican major- thank the gentleman for yielding me ing member of the Committee on Edu- ity spends a lot of time opining about the time. cation and the Workforce. how they want to help working men Mr. Speaker, I rise in support of this The rule also provides that the bill and women in this country. Yet, Mr. open rule. shall be open for amendment at any Speaker, at a time when the Occupa- Mr. Speaker, I also rise in strong sup- point and limits the amendment proc- tional Health and Safety Administra- port of H.R. 982. It is a very simple bill. ess to 2 hours. tion is poised to issue a rule which It simply says that the National Acad- The rule authorizes the Chair to ac- seeks to protect American workers emy of Sciences must complete its cord priority in recognition to Mem- from workplace hazards which can lead study on ergonomics and report to Con- bers who have preprinted their amend- to serious injury, the Republican ma- gress before OSHA promulgates a pro- ments in the CONGRESSIONAL RECORD. jority wants to call a time-out. posed or final standard. Additionally, the rule allows the H.R. 987 does nothing to help working Clearly, the will of the House is that Chairman of the Committee of the men and women in this country, and an almost million-dollar study on Whole to postpone votes during consid- the Republican majority should not ergonomics by the National Academy eration of the bill, and to reduce voting waste the time of this House by saying of Sciences, NAS, should be completed time to 5 minutes on a postponed ques- that it does. This bill is nothing more before we rush to regulate. Science tion if the vote follows a 15-minute than another attack by the majority should precede regulation, not the vote. on establishing workplace protections other way around. Finally, the rule provides for 1 mo- that might very well save American Let me just summarize the following tion to recommit with or without in- businesses money in lost productivity, points in support of the bill: first, structions. worker compensation claims, and dis- ergonomics regulation would be a sub- Mr. Speaker, House Resolution 271 is ability insurance. If the House is going stantially mandated cost on the Amer- a modified open and fair rule for con- to call time-out, Mr. Speaker, it ought ican companies and the American sideration of H.R. 987. The rule pro- to be on the consideration of this bill economy. OSHA’s own estimates show vides for debate and amendments on and not on the health and safety of the that draft regulation could cost an ad- this measure to consume up to 3 full American workforce. ditional $3.5 billion annually. I believe hours. This is an extremely fair rule, Mr. Speaker, work-related musculo- that cost is greatly underestimated. given the amount of work Congress skeletal disorders cost employers be- Before we consider imposing this must complete this week. tween $15 and $20 billion a year in standard on the American people, let The Workforce Preservation Act is a workers compensation costs. Ergo- us have the scientific and medical brief and simple measure that prohibits nomic injuries and illnesses are the proof to back it up. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6903 Second, there is no question that literature. It is not intended and will turing jobs. Keeping more unsubstan- there is a great deal of scientific and not produce new information. Two pre- tiated government regulation on these medical uncertainty and debate about vious studies of the existing scientific industries will only encourage them to ergonomics. If OSHA regulates before literature, one by NIOSH and one by continue to flee. the causes are understood, OSHA may NAS, have already confirmed that Mr. Speaker, there is no question very well regulate the wrong thing and ergonomic injuries and illnesses are that politically powerful forces are at impose a lot of unnecessary costs with- work related and that they cannot be work here. Why else would OSHA hast- out benefiting workers. prevented by workplace interventions. ily recognize a casual relationship be- Third, Congress and the President More importantly, Mr. Speaker, prac- tween repetitive tasks and repetitive agree that we need a comprehensive tical experience by thousands of com- stress injuries without complete sci- study of ergonomics by NAS. The pur- panies has proven that ergonomic inju- entific documentation? pose of the study is to inform Congress, ries and illnesses can be significantly I urge my colleagues to support this the Department of Labor, employers reduced. Passage of H.R. 987 only en- legislation and allow the National and employees about the state of sci- sures that some employers will con- Academy of Sciences to complete its entific information on ergonomics. tinue to ignore the working welfare of work. With all the facts, Congress can Only then can we determine whether a the workers for that much longer. step back and prudently evaluate the broad ergonomics regulation is appro- So, Mr. Speaker, I urge a ‘‘no’’ vote need for new ergonomic guidelines. We priate. To issue a regulation before on this rule. must resist another in a long line of at- NAS completes its study is an outrage Mr. Speaker, I reserve the balance of tempts to impose costly restrictions and a gross waste of taxpayers’ funds. my time. upon employers and employees with Fourth, an appropriations letter does Mr. REYNOLDS. Mr. Speaker, I yield the one-size-fits-all Federal approach. not take precedence over the will of 3 minutes to the gentleman from North Please support the rule and this bill. Congress in calling for an NAS study. Carolina (Mr. HAYES). Mr. FROST. Mr. Speaker, I yield 5 Finally, the fact that OSHA has (Mr. HAYES asked and was given minutes to the gentleman from Wis- worked on ergonomics for over a dec- permission to revise and extend his re- consin (Mr. OBEY). ade is irrelevant since Congress decided marks.) Mr. OBEY. Mr. Speaker, every time I the issue needed further study. Mr. HAYES. Mr. Speaker, I rise tour a plant in my district I run into Moreover, the fact that there has today in support of this rule and in workers, especially women, who are been substantial study with no conclu- support of the Workplace Preservation wearing wrist braces. When I ask them sions about ergonomics suggests that Act. about their problem, the answer over more study is needed before imposing a During the Easter recess, I embarked and over again is the same: carpal tun- nationwide standard at a great cost. on an industry tour in my district in nel syndrome. In conclusion, I urge the Members to North Carolina. The industries of the Where does carpal tunnel syndrome vote for the rule and H.R. 987. 8th district are primarily agriculture or many of those other injuries come Mr. FROST. Mr. Speaker, I yield 5 and textile related. from? They come from workers having minutes to the gentleman from Mis- I visited eight small- and medium- to do the same thing hundreds of times souri (Mr. CLAY). sized manufacturers, including Cuddy and thousands of times without prop- Mr. CLAY. Mr. Speaker, I thank the Farms in Monroe and Clayson Knitting erly designed equipment and work sta- gentleman for yielding me the time. Mill in Star. These companies and tions. And workers I see are not iso- Mr. Speaker, I rise in opposition to many others like them represent the lated examples. the rule. backbone of our district’s economy. Repetitive motion injuries affect H.R. 987 is a measure of how antago- The number one concern on their 650,000 workers each year. That is more nistic the majority of the Republican minds was the new ergonomics regula- than the number of people who die each majority is to the interest of working tions being considered by OSHA. They year from cancer and stroke. Those in- people. were truly fearful of the burdensome juries account for more lost workday Despite 7 years of unprecedented regulation that would not only create injuries than any other cause, espe- prosperity under the Clinton adminis- more paperwork and costly, unneeded cially for women workers. Nearly half tration, there remains much that this changes but would also hinder commu- of all workplace injuries for women are House can do to improve the well-being nications between employer and em- due to repetitive motion problems. of workers. We should be considering ployee. Now, there are those in this body who legislation to make a job pay a decent All too often it appears as if the gov- say there ought to be more delay in salary and increase the minimum ernment is slightly behind the times. protecting those workers, but they are wage. We should be ensuring that all The current unemployment rate is so virtually alone in the world. Every in- workers have affordable health care. low that in many parts of the country dustrialized country has recognized We should be expanding pension cov- employers do and in fact must offer the that there is more than enough evi- erage. We should be ensuring better most attractive work environment in dence to move forward on a repetitive family leave coverage. order to recruit and retain employees. motion standard. Instead, Mr. Speaker, this rule makes As one employer from the district Most progressive businesses recog- in order a bill that will result in hun- wrote to me, ‘‘My company is begging nize it is their duty to protect workers dreds of thousands of workers suffering for employees from laborers to drivers and to protect their stockholders from avoidable serious injury in the work- to high-tech computer operators. We the economic impact of huge amounts place. are doing everything we can to attract of lost work time. We should not let special interests employees.’’ Plant managers, human But a powerful band of economic roy- downplay the seriousness of ergonomic resources managers, and office man- alists in this country and in this Con- injuries and illnesses. agers are more than willing to work gress continue to fight that protection, Imagine suffering from a workplace with their own employees on griev- and it is time to get on with it. injury that prevents one from lifting ances and workplace conditions rather In 1990, that well-known ‘‘radical’’ anything over a half a pound. Imagine than plow through layers of govern- liberal Elizabeth Dole said that it was being disabled, so disabled that one ment bureaucracy. time to move forward on this. In 1995, cannot hold a book to read to their The number of manufacturing jobs is the Republican majority attached a child. Imagine being unable to caress on the decline. We are seeing more and rider blocking the issuance of draft their newborn or to give him or her a more jobs going to Central America regulations. In 1996, they tried to pre- shower or a bath. and overseas because, frankly, our gov- vent OSHA from even collecting the Mr. Speaker, there is no excuse for ernment is making the cost of doing data on repetitive motion injuries. further delaying OSHA’s ergonomic business in the United States too high In 1997, they tried to block it again standard. for too many companies. but failed. At that time, the National The National Academy of Sciences Rural areas in our Nation are being Institutes for Occupational Health and study is a review of existing scientific hit hardest by the decline in manufac- Safety conducted a detailed review of H6904 CONGRESSIONAL RECORD — HOUSE August 3, 1999 more than 600 scientific studies on the rule makes no sense. When the debate on forever and that is the way that any problem, and they found a strong cor- on the rule is over and the rule passes, scientific gathering of evidence should relation between workplace conditions I think the evidence will come forward take place. But why make the workers and worker injuries. that we are doing what is right for wait before you issue standards and That study was peer reviewed by 27 workers and what is right for the em- you begin the process of intervening to experts throughout the country. But ployer and what is right for America, lessen the impact of the injuries? that was not good enough for some of to depend on conclusive evidence and The Republicans say, let them wait. my colleagues. So in 1998, they pushed not conflict opinions. Small businesses and even big busi- the National Institutes of Health to Mr. FROST. Mr. Speaker, I yield 4 nesses are going to suffer because the fund another study at the National minutes to the gentleman from New amount of workmen’s compensation Academy of Sciences. They convened 65 York (Mr. OWENS). payments will continue to go up. It is of the world’s leading scientists, and (Mr. OWENS asked and was given around $20 billion a year now, related again they found evidence that clearly permission to revise and extend his re- to these various disorders, and there demonstrates that specific interven- marks.) have been many successful attempts by tion can reduce injury. b 1800 businesses to install ergonomic stand- But that is not good enough for some ards and to take steps to deal with the of my colleagues. They want yet an- Mr. OWENS. Mr. Speaker, I rise in ergonomics of the workplace which other delay. That delay does not hurt opposition to this rule, but I welcome have benefited the businesses as well as anybody in this room. The only repet- the opportunity to discuss the plat- the workers. itive motion injury that Members of forms of the two parties in respect to By preventing OSHA from for- Congress are likely to get are knee in- the lives of working people and what malizing these procedures and allowing juries from continuous genuflecting to kinds of programs we would like to DSHA to do what some businesses have big business special interests who want offer for working people. done and what the State of California us to put their profit margins ahead of One party is clearly against working has done with their standards; by pre- worker health. families and they express it in many venting OSHA from moving forward Maybe the time has not come for my ways. This particular piece of legisla- with the number of positive kinds of colleagues. But, by God, it has come tion has a symbolic significance far be- developments that have taken place, for those workers. We need action and yond what you see written on the we are going to force more workers to we need it now. No delays. No foot paper. It is one part of an overall at- suffer unnecessarily. We have case his- dragging. No excuses. We need action tack by the majority Republicans on tories of workers in every State in the and we need action now. working families. union; terrible things have happened in Mr. REYNOLDS. Mr. Speaker, I yield I think the President has made it terms of injuries that have wrecked 2 minutes to the gentleman from Geor- clear in his message on this bill what whole families. No, people do not bleed gia (Mr. ISAKSON). we are about here today and it is pret- a great deal, they do not have concus- Mr. ISAKSON. Mr. Speaker, I appre- ty simple. The administration has sions, it is not the kind of dramatic ciate the gentleman yield me the time. written that it strongly opposes enact- workplace accident situation that you I appreciate the opportunity. ment of H.R. 987, a bill that would un- have in the construction industry, but Mr. Speaker, I want to address my- necessarily delay the Occupational the slow death that is taking place self to the rule first because that is Safety and Health Administration’s more and more as we increase our dig- what we are debating. I have heard it issuance of a protective standard on ital world and people are more and said here today that we should not wait ergonomics until the National Acad- more sitting before keyboards, eye- any longer for the scientific evidence emy of Sciences has completed a sec- strain, all kinds of carpal tunnel syn- to be evaluated by the National Acad- ond study of the scientific literature dromes from the actions of the wrists, emy of Science, what we should imme- regarding musculoskeletal disorders all kinds of disorders are developing diately do is proceed to pass rules and and ergonomics. rapidly that injure more and more regulations. I think that it is very clear that what workers. More and more women, also, That is a little bit like going into a the Republican majority is saying is, are drawn into this, more and more waiting room of a sick patient and say- let the workers suffer, let the working women incidentally who happen to be ing, let us just not do any diagnostic families suffer. Six hundred thousand the wage earners and their families testing, let us go ahead and operate. It people are affected yearly by these have been drawn into this. is risky business. work-related musculoskeletal dis- Why let the workers suffer? Let us Secondly, I want to agree completely orders, but it does not matter, let the get it over with. Let us get the stand- that this is about the cost to American workers suffer. They are only working ards out there and stop the suffering of business and the safety of American families. We are Republicans. We care the workers. The Democrats want to workers. In a period of unprecedented only about the upper income and we stop the suffering. prosperity, in a period of full employ- want to spend our time getting benefits Mr. REYNOLDS. Mr. Speaker, I yield ment, the last thing an employer wants out to them in the form of a massive, 3 minutes to the gentleman from Texas for a moment is to have workers get- $794 billion tax cut over 10 years. (Mr. BONILLA). ting hurt on the job, because there are I would like to see all of the Members (Mr. BONILLA asked and was given not good replacements, because we are come to the floor and use this oppor- permission to revise and extend his re- fully employed. tunity. I think we may have about 3 marks.) They want workplace safety. But the hours to discuss the working families Mr. BONILLA. Mr. Speaker, the last thing they want, also, is con- of America and which party really rep- American worker makes up the life- flicting scientific data dictating to a resents them and their welfare. Let blood of our economy and we can all bureaucracy to go ahead and establish them suffer for another 2 years, that is agree in this Chamber that our utmost rules and regulations preceding a final what the immediate concrete message concern is their safety and well-being determination. is. So what? in the workplace. Every employer in In committee on this bill, whether We have had studies. The studies America understands that it is to their my colleagues agree with the bill or clearly show that there is a cause and advantage and the employee’s advan- not, no one can argue that profes- effect. The new studies that the NAS tage to keep workers healthy and sionals and physicians from both sides will be attempting and continuing to happy on the job. In fact, we should all of the musculoskeletal disorder syn- undertake relate to intervention strat- be celebrating today here that because drome agree that there were con- egies. How do you intervene to prevent of the safety measures that have been flicting data and it was time to have a these disorders. How do you intervene taken in the private sector. Working decision. to lessen the impact of the kinds of with some folks in OSHA, we have Mr. Speaker, I believe we should unhealthy working conditions in the dropped employee injuries by 17 per- move forward with what will be a very workplace? They want to go on gath- cent. The number of injuries dropped contested debate. To vote against this ering evidence and data which can go by 17 percent since 1995 because of the August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6905 changes that employers have made in This is not something being pushed problem, comprising 60 to 70 percent of those the workplace. There is no crisis at by labor. If labor is interested in it, injured in many categories. hand. Let us be honest about what we they are only interested because they This repetitive injury OSHA rule is an all too are debating here. We are debating a are trying to protect the safety and common case of good news, bad news. The power grab by a government agency health of workers. This is not some ar- good news is that for almost every job that re- and by America’s big labor unions who cane problem that exists with regards sults in such injuries, there are alternative are trying to get a stranglehold on to workers. Almost half the injuries methods of performing work which can de- America’s businesses both small and that occur on the part of workers are crease the risk of harm. The bad news is that large. The debate we have here today is related to repetitive stress type of inju- there isn't a focus on such prevention, and in about the rush to promulgate and to ries. fact some want to frustrate implementation. In write a rule dealing with repetitive If we wait another year, another year February 1999, OSHA released a discussion stress injuries, with ergonomics, some- and a half, we are going to have an- draft for an ergonomics standard which would thing that would be far more dangerous other million people that are injured in implement the use of ergonomics in the work- to the American worker if it is written this way. For those of you that love place. This draft proposal is an important step too fast versus waiting for sound science, it sounds like you like it just toward protecting workers from musculo- science to guide them versus having to study. You do not want to apply the skeletal disorders in a way which allows em- political science guide them. science. It is time we take the knowl- ployers the flexibility to adopt solutions that fit Imagine for 1 second if OSHA rushes edge and information we have and put their workplaces. to write a rule without sound science, it in place so that we can protect the The legislation we are debating today, H.R. a one-size-fits-all rule that would apply workers that are intended to be pro- 987, is euphemistically titled the ``Workplace to florists as it would to people who tected by the Occupational Safety and Preservation Act.'' This bill is an unnecessary work in manufacturing plants, to peo- Health Administration that has been tactic which could ultimately result in thou- ple who work in auto parts stores, at working on this for a decade, that de- sands more workers being needlessly injured restaurants and on farms and ranches pended upon 600 studies to base their on the jobÐ650,000 in one year more. Pro- throughout this country. What a night- decision upon. Over 2,000 articles and ponents of H.R. 987, playing a game of delay, mare this would be for the American reviews were written of those studies mock and question the soundness and effec- workers. They would suddenly have and endless hearings to make certain tiveness of a well researched ergonomics their bosses having to spend gobs of as to the appropriateness of such rule. standard, all the time wrapping themselves in money, money that could go to raises This bill is just an effort to study ``sound science''. However, both a 1998 Na- and better benefits and instead trying this into infinity, to frustrate the im- tional Academy of Science study and a 1997 to comply with a one-size-fits-all regu- plementation of a legitimate law and National Institute for Occupational Safety and lation. rule. What is the cost? The cost in the Health study provides scientific evidence link- Let us all remember that the first end is a very high cost, because it ing musculoskeletal disorders to the job. A draft that OSHA had of this rule was means that individuals that are on the document based on 600 research studies of 600 pages long. Imagine if you are job, that are trying to work, will have such injuries and 2000 scientific articles build working in a bakery out in the heart- to lay down their bodies, they will crip- a solid foundation upon which to act. Even be- land in America, you are working in a ple their bodies simply to earn a living. yond official studies, there is practical proof dentist’s office, in a lab, in an auto That is really what this is about. that ergonomics programs work. The draft parts store or a restaurant and you We have to open our eyes up and standard that OSHA is developing is actually suddenly saw this regulation show up begin to see what is happening. This is based on programs which have been imple- on your doorstep. That is why the cal- like some bad film. ‘‘Eyes Wide Shut’’ mented and proven successful in various work culation of what this would cost the on the other side, disregarding reality sites across the country. OSHA would be irre- American workers in this country is at is what we really have here with responsible and derelict in its duties to not act about $4 billion, because this is the gards to this repetitive stress issue. upon such a clear record which pinpoints the kind of penalty we pay in our Amer- Open them up to the people you shake cause of one half of workplace illnesses. ican society when we have a one-size- We have waited long enough to address hands with when you are out cam- fits-all regulation hastily written and this problem, any opposition by Congress now paigning and they draw their hand showing up at the doorstep of Amer- will serve to needlessly delay the process back because of the injuries that they ica’s workplaces. even further. For every day that we waste on have sustained in the world of work. All we are asking in this bill and in redundant research, life-altering impairment We can change it. We can make it bet- this rule is to allow us to stop the rush. which could have been avoided will occur. It is ter. There is no need to rush. We can wait truly a travesty that our workforce continues to This Congress ought to take its polit- for the sound science to take over and suffer serious disabling injuries while Con- ical act and go home with it and leave have the political science take a back gress debates whether or not a known solu- the experts that are supposed to be seat so that we can do this the right tion should be set in place. Clearly, this is ex- working on this issue and rule do their way. There is no guarantee. When this actly the kind of issue that OSHA was created job. We should defeat this rule and de- National Academy of Science study is to address, and attempts to block this organi- feat this bill. ultimately completed, it could in fact zation from implementing solution to improve This measure, H.R. 987, seeks to study to recommend that an ergonomics regula- harmful work environments are disingenuous, infinity worker injuries and yet again delay Oc- tion move forward. We understand misdirected and counterproductive. that. But let us let the scientists de- cupational Safety and Health Act (OSHA) ac- This Congressional measure to delay sound cide, let us let the researchers decide. tion on rules that would govern and prevent OSHA action should be identified for what it is; Let us not turn this process over to a such injuries. This is no less than a frontal at- ``The Right to Risk Worker's Health Act.'' power-hungry Federal agency and labor tack on all of OSHA to frustrate, dismantle and Enough is enoughÐtoo many bodies and unions that are also behind it. renege on worker safety embodied in the Oc- limbs have been needlessly worn to numb- Mr. FROST. Mr. Speaker, I yield 3 cupational Safety Health Act. Repetitive work ness and a life of pain and permanent injury. minutes to the gentleman from Min- related motion trauma is not some arcane, iso- We owe it to elemental common sense and nesota (Mr. VENTO). lated occurrenceÐnearly half of all workplace fairness to accord workers the OSHA rule and (Mr. VENTO asked and was given illnesses documented are caused by such re- safeguard, to prevent working conditions permission to revise and extend his repetitive motion, ergonomics. which force them to sacrifice their health and marks.) Each year injuries which result from such cripple their bodies to earn a living. Mr. VENTO. Mr. Speaker, I rise in work-related musculoskeletal disorders harm Mr. Speaker, I will oppose this harmful legis- opposition to this rule and in opposi- nearly 650,000 workers and are estimated to lation and encourage my colleagues to do the tion to this measure which is not let- cost businesses $60 billion dollars in worker same. ting the scientists decide, it is not let- compensation payments and other costs. Mr. REYNOLDS. Mr. Speaker, I yield ting the experts at OSHA decide. It is More than 100 different injuries can result 2 minutes to the gentleman from Texas putting it here on the floor in a polit- from repetitive motions causing painful wear (Mr. SAM JOHNSON). ical way and letting all the experts and tear to the bodies of working men and Mr. SAM JOHNSON of Texas. Mr. here, the political experts, decide. women. Women are especially affected by this Speaker, I cannot believe the rhetoric I H6906 CONGRESSIONAL RECORD — HOUSE August 3, 1999 am hearing today. I listened to the than asking workers to adjust their open, fair rule for consideration of H.R. gentleman from Texas (Mr. BONILLA). bodies to the way we manufacture. If 987. The rule provides for the debate He is absolutely on track. All that is we do that, the workers will be and amendments on this measure to happening is a takeover by big govern- healthier and they will miss fewer days consume up to three full hours. It is an ment trying to interfere in individuals’ of work; workers’ comp costs are going extremely fair rule, and given the lives. to go down, productivity would be amount of work that Congress is need- Last year, the Congress and the higher, jobs would be secure and, yes, ed to do to complete its work this President agreed to spend nearly $1 profit margins for our companies would week, there will be ample time to have million on a study, and it is going to be go up. great debate on the merits of the legis- completed in 2001. Why can we not wait Let us look at the figures in 1997. lation. until then? OSHA instead wants to There were 620,459 lost workdays due to But I remind my colleagues my view rush forward and eliminate thousands workplace ergonomic injuries. These is we have a fair and open rule. of jobs and cost us billions of dollars injuries were overexertion, repetitive Mr. Speaker, I yield 3 minutes to the while failing to assure the prevention motion, carpal tunnel syndrome, back gentleman from Pennsylvania (Mr. of one single injury. Some single indus- injuries. This represents 34 percent, GOODLING), the chairman of the Com- try estimates go as high as 18 to $30 over one-third, of all the workdays mittee on Education and the Work- billion of cost. It is going to cost our that were lost by injured workers were force. businesses money. That means you, the due to ergonomic injuries. (Mr. GOODLING asked and was given consumer, the taxpayer, you are not There has been some discussion on permission to revise and extend his re- only going to pay taxes, you are going the other side about what this might marks.) to pay higher costs on everything you cost the employers of this Nation. Mr. GOODLING. Mr. Speaker, I want do. Someone threw out the figure of $4 bil- to make sure that everybody under- Let me just tell my colleagues some- lion. I do not know if that is true, I do stands exactly what we are doing thing. When I was down at Homestead not know if it is an exaggerated figure, today. No one is saying that we are Air Force Base as commander, we had but these ergonomic injuries each year here to say that there will not be any a little platform out on every level in cost business and workers between 15 ergonomic regulations in the future. In a three-story barracks that our men and $20 billion. fact, I am sure there will be, but it lived in. OSHA came in and said you We ought to take a look at what Red seems to me, if there are going to be, have to put a rail around there so when Wing Shoes did. Here is an example of then we should have the best scientific the guys get out there to clean the a company that modified its work sta- knowledge we possibly can so we do it windows, they will not fall off. And fur- tions. This was not an inexpensive right because we may just do the oppo- thermore, they have to have a hook to thing for them to do. It cost them site of what we should be doing to try hook on that rail to make sure that if money. But at Red Wing, they reduced to help the people who we are trying to they do fall off, they will not fall and their workers’ comp costs by 75 percent help. hurt themselves. over a 4-year period. I would point out very quickly to my Now, that is your government at There was also some discussion on colleague from Pennsylvania that the work. Let me tell you what happened. the other side about the fact that stud- NIOSH study also said additional re- A hurricane came through and de- ies have not been done yet. The fact is search would be very, very valuable, stroyed that base totally. It does not the studies have been done. If you take and that is what it is all about. That is anymore exist. So we got rid of the a look at the NIOSH report it says, and what it is all about; that is what the OSHA requirement in that way. I am quoting here, NIOSH director Dr. discussion is all about. Mr. Speaker, we need water here Linda Rosenstock, it found strong evi- We said in legislation, agreed by the pretty bad. I hope we get a hurricane dence of its association between mus- President and by the Congress, that we and just push OSHA out to sea. culoskeletal disorders and work factors would spend up to almost a million dol- Mr. FROST. Mr. Speaker, I yield 3 such as heavy lifting. lars of taxpayers’ money to get the minutes to the gentleman from Penn- Then we go to this bill, H.R. 987, in kind of scientific knowledge that we sylvania (Mr. KLINK). the ‘‘Findings’’ section, you quoted ex- need in order to make sure what regu- (Mr. KLINK asked and was given per- actly the opposite. You say that there lations are promulgated, that they are mission to revise and extend his re- is insufficient evidence to assess the done properly, that they are done to marks.) level of risk that workers have from re- help. That is all this legislation says: Mr. KLINK. Mr. Speaker, I thank the petitive motion. Get the study, colleagues asked for gentleman for yielding me this time. It the study, they are willing to pay tax- b is very plain to me that this rule 1815 payers’ dollars for the study, get the should not be on the floor and this bill When the finding section of their own study, use it, and then write the regu- should not be on the floor. This is prob- bill is exactly opposite of the finding lations that go with it. ably the biggest health and safety vote that is actually in the study, no won- As my colleagues know, we have had that we will see this year if not this der they brought a cockeyed bill to the 2 years of hearings where we have Congress. The impact that ergonomic floor, because they do not know how to heard, if nothing else, a lot of inconclu- injuries have had on workers will touch read the findings. sive evidence, a lot of people who are every part of the family of labor. If this Whoops, I am sorry. not positively sure what the cause is is such a big organized labor deal as What was it Gilda Radner said? Ex- and are not positively sure how to some of the speakers have talked cuse me. solve the problem. That is why we are about, then that tool of organized My colleagues have got to read the asking the National Academy of labor, Elizabeth Dole, back in 1990 finding section. NIOSH has found that Sciences to help us, help us determine when she was Secretary of Labor, and I in fact repetitive motion does cause in- what the problem is, help us determine do not think anyone has ever accused juries. We have seen it; we have heard what the direction is that we should be her of being that closely aligned with the stories. People who injure them- going. organized labor, but her comment was selves on the job through ergonomic We had one of the finest back sur- that these injuries, and this is a direct problems, they cannot comb their chil- geons, one of the most prominent back quote, ‘‘one of the Nation’s most debili- dren’s hair, cannot wash dishes, cannot surgeons in the country who said after tating across-the-board worker safety sweep the floors at home. years of his study and years of his deal- and health illnesses of the 1990s.’’ Ms. This bill should go down; the rule ing with the issue he found that in Dole was right then and she is right should go down. In fact, we should not many instances it is not physical fac- today. even be here. tors like how often you lift or how Business has to recognize the need to Mr. REYNOLDS. Mr. Speaker, I yield often you bend. In fact, he said that it incorporate a new philosophy. We have myself as much time as I may consume is in many instances nonphysical fac- to be able to adjust the way we manu- just to make out a simple point that tors, just stress in life, not enjoying facture, to adjust our equipment rather House Resolution 271 is a modified and one’s job, and I think we can all relate August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6907 to that. Get down low enough, boy, thumbs to separate the fillet from the waive for the children? No, they will people can have aches and pains. We all bone, cut the tips off the fillet with support the unions. Now we are asking go through that process. scissors and then place the product in a for a scientific study, and I would say And so here is a back surgeon, a tub. Betty performed this task 16 to 17 that even Republicans, we need to go prominent back surgeon who made times a minute for 21⁄2 hours straight one step further because when col- that statement. So again, all the hear- without a break. leagues say based on science you need ings that we have had, there is so much In 1984, Betty began to feel pain in to look at who pays for the science. Is indecision as to what is the proper way her right arm and reported it to her suit the Republican groups or the Demo- to go, what do we specifically know pervisor, the directors of personnel and crat groups, and people need an indi- and how do we handle the issue? And so the plant manager. They all told her vidual peer review to be fair, a non- all we say is, wait, get the study. We there was nothing wrong and she would partisan independent review. Some- are paying almost a million bucks for have to live with this problem. Man- times that does not exist, and I will it, and then see whether you can pro- agement felt her pain did not warrant give into that and we need that. mulgate regulations that will truly medical assistance, and nothing was to As my colleagues know, in the office help the men and women that we are be done until Betty went to her per- the people that work with computers trying to help. sonal physician. all the times, they have carpel tunnel. So no one is here trying to prevent Betty’s doctor found that both her There is good scientific basis that we forever ergonomic regulations. We are rotator cuffs had been torn and re- need to help those people and provide here saying let us do it right, let us get quired surgery. She went back to work the pads and make sure there is rota- the scientific evidence first, and then after both surgeries, but was unable to tion and lights, and we have some pret- proceed. continue to do her fillet job. She ty good science on it. But the problem Mr. FROST. Mr. Speaker, I yield 2 worked some light duty, but to no is our colleagues want to go in without minutes to the gentlewoman from Cali- avail. Betty was terminated by the a study or agenda instead of science, fornia (Ms. PELOSI). company for what they said was exces- and we are saying, no, let us back it up Ms. PELOSI. Mr. Speaker, I thank sive absenteeism. She was denied un- with the science to show so there will the gentleman for yielding this time to employment and only received workers not be a big input on it, and I brought me. compensation after retaining an attor- up yesterday www.dsa/usa. Mr. Speaker, today we vote on legis- ney. Democrat Socialists of America, pro- lation to block OSHA from protecting On behalf of Betty Yvonne Green and gressive caucus, has a 12 point agenda: America’s working men and women many, many workers throughout this government control of health care, from workplace injuries and illnesses country who deserve our respect, in government control of education, gov- caused by ergonomic-related issues. My fact deserve our protection, I urge our ernment control of private property, colleagues have the figures, but they colleagues to vote no on this so-called and guess what? Union over small busi- bear repeating. Each year more than 2 Workplace Preservation Act. Indeed it ness and cut military by half, by 50 million workers suffer these injures, should be called the Workplace Perse- percent, and it is to support the union. more than 640,000 workers lose time at cution Act because that is exactly That is their working men and women, work, and each year this costs the what it does to the American worker. but not the 90 percent of the people economy $15 to $20 billion in worker We can study this thing to death. Of that have all of the other jobs. compensation, an overall $60 billion, course we are always open to more My colleagues should put their all things considered. science, but we have to also know when mouth and money where their rhetoric I oppose this legislation and support we have enough science to proceed and is. Support the people, the working workplace protection for American learn many more ways that we can do men and women. workers. better in the workplace, but not to Who is for this? The union bosses. What is ergonomics? What is that deny, not to deny what has been fully Who is against it? Chamber, NFIB, word? What does it mean? Ergonomics documented by NIOSH, which has been every small business group out there and what are ergonomic-related inju- fully documented by the National because they know that the only thing ries? Ergonomics is the science of Academy of Sciences as a relationship that my colleagues are focusing on is adapting the workplace to the physical between repetitive motion and ergo- the union bosses who give them their needs of the workers such as giving nomic disease. campaign finance money. Admit it. telephone headsets to telephone opera- I urge my colleagues to vote ‘‘no.’’ Why do they fight against 90 percent of tors to avoid cradling the phone to re- Mr. REYNOLDS. Mr. Speaker, I yield the small businesses and workers every duce neck and shoulder pain, a work 4 minutes to the gentleman from Cali- single bill that we have? They do not place that is poorly adapted to work- fornia (Mr. CUNNINGHAM). support the networking men and ers’ causes, ergonomics injuries. (Mr. CUNNINGHAM asked and was women in this country; they only sup- One type of injury, repetitive motion given permission to revise and extend port the union members. injuries frequently mentioned here, is his remarks.) As my colleagues know, I take a look caused when a worker repeats a spe- Mr. CUNNINGHAM. Mr. Speaker, the at the gentleman from Missouri (Mr. cific motion hundreds or thousands of gentleman from Texas (Mr. FROST) GEPHARDT) who gets up here and says, times. For example, secretaries and of- says that the Democrats are for work- Oh, the poor lady in the red dress, not fice workers who type all day at their ing people, for working men and again, and he talks about the working computer keyboards often suffer wrist women, but yet every piece of legisla- men and women and the class warfare, and arm injuries. tion that they had out of here in sup- only the rich versus the poor. Similarly, America’s poultry workers port are against 90 percent of the work- Well, cut out the rhetoric. Do things who cut up and sliced up the chicken ing people. But if it is for the union based on science; the environmental- parts for our meals repeat the same bosses, they will support it. In 1993, ists, the same thing. We want environ- cutting and slicing motion hundreds of they put the highest tax on the Amer- mental changes. Do my colleagues time an hour each day as they cut up ican people possible and increased the think we want bad environment, the thousands of chickens for our meals. tax on middle-income workers, and this Republicans over the Democrats? We The cumulative stress of these repet- year they are trying to stop tax relief just want it based on good science, and itive motions cause secretaries, poul- for those same workers. Salting for the then we want a peer review. The same try workers, and other workers to suf- unions where the unions go in and just thing with ergonomics. We want a good fer health problems. destroy a small business, not even science and peer review so they do not But I want to get personal about this, looking to overtake that business. destroy the 90 percent of the jobs that Mr. Speaker. I want to talk about one That is wrong, but yet our union broth- are out there in favor of their union particular poultry worker. ers over here support it. bosses. Betty Yvonne Green. Betty worked Davis-Bacon, that increases inflation And that is what we are asking, Mr. as a chicken fillet puller for seven 15 to 35 percent of construction for Speaker. We are tired and tired and years. Her job required her to use her school buildings, but yet will they tired of the Democrats’ rhetoric trying H6908 CONGRESSIONAL RECORD — HOUSE August 3, 1999 to make points for the year 2000 where trary to what was said. So I urge my friend from New York, a member of the they get their campaign money, and colleagues to reject this rule and reject Committee on Rules who spoke about that is what they support. this bill. this rule a few minutes ago, and I If colleagues really support the work- Mr. REYNOLDS. Mr. Speaker, I yield wanted to make several points about ing men and women, support the Re- such time as he may consume to the the rule. publican position on this. gentleman from California (Mr. We are operating here under the fa- Mr. FROST. Mr. Speaker, I yield 2 DREIER) the Chairman of the Com- cade that this will give, as the chair- minutes to the gentleman from Min- mittee on Rules. man of the Committee on Rules just nesota (Mr. PETERSON). (Mr. DREIER asked and was given said, a free-flowing and open debate Mr. PETERSON of Minnesota. Mr. permission to revise and extend his re- about worker safety. Speaker, I rise today in opposition to marks and include extraneous mate- I want to point something out: There this rule and this bill, and I would hope rial.) are many of us who believe that OSHA that we could cut back a little bit on Mr. DREIER. Mr. Speaker, I thank is understaffed, that OSHA does not the rhetoric. my friend for yielding me time, and I have enough inspectors to go find First of all, people need to under- assure him I will reserve time for my workplace violations and do something stand this talk about this study. There friend from Louisiana and will not fill about them. But, if I am not mistaken, is no study that is going on. All that is out the entire hour here. and my friend from the Committee on happening is it is going to be a com- Mr. Speaker, I rise in strong support Rules can correct me, an amendment pilation of a bunch of studies that have of the rule and congratulate my friend that would add inspectors to OSHA’s already been done. So we need to get from Buffalo for his super manage- inspection force would be ruled out of that clear. ment. order because it is not germane. Second thing I think that people We have an expression that we have There are many of us who are con- need to understand is that it would been trying our doggonedest to suc- cerned about sick building syndrome, help if somebody would have talked to cessfully implement around here in the about people going to work, day after the people in the department that are 106th Congress, and we call it regular day, in buildings where the heating and actually working on this. order. We try to, as much as possible, air conditioning systems do not work b 1830 follow regular order. properly and they cannot breathe prop- Frankly, that is exactly what the erly and their asthma is aggravated or I have met with Secretary Jeffers gentleman from Pennsylvania (Chair- their other breathing related disabil- more than once and talked to him man GOODLING) is trying to do with ities are aggravated, and many of us about this proposed rule that they are this legislation. We authorized $1 mil- believe OSHA should do something looking at. They have been working on lion for the National Academy of about that. An amendment that would it a long time. There is a lot of science Sciences to come up with some sort of address that problem would be out of that has gone into this. I do not think finding before the Occupational Safety order because it would not be germane. a lot of people that are talking on this and Health Administration proceeds In fact, it is almost impossible to floor have actually looked into what with implementation of its regulations think of any amendment that could be this is about. on ergonomics. offered under this bill that would do This only applies to manufacturing The fact of the matter is, nothing, as anything other than kill this regula- and manual lifting businesses, where 60 has been said by several of my col- tion or delay this regulation that percent of these injuries take place. If leagues, nothing prevents them from would be germane. you do not have an injury, this is not moving ahead. But what we are saying So let us get the record straight here. going to apply to you. It only applies is get every bit of information you pos- There are dozens of important worker when you have an injury where there is sibly can so that you come up with safety issues that confront this coun- ergonomics involved, and at that point, good public policy. try. None of them, none of them, are in you have to come up with a way to deal Now, that will be unique for OSHA in order for debate under this rule on the with it. the eyes of many, because a number of floor. The only thing we can do is ei- If you have got a situation where it us have been very critical of the fact ther accept or reject this attempt to is only one injury and you are a small that regulations that they over the delay, and I think ultimately defeat, employer, they have something called years have imposed have been extraor- the new ergonomic standard by OSHA. a quick fix where you can go in and dinarily costly to the private sector, So let us be very clear about this, work on this without having to put a and, in turn, to the consumers of this that this is an open rule in form only. plan together. So they have listened to country. Every other consideration in worker small business, they have tried to But, obviously we are all wanting to safety is not in order. That is why the make this workable, and if anybody sat deal with the problems of stress-related rule should be defeated. down and read this, they would under- repetitive actions that people take in Mr. FROST. Mr. Speaker, I yield 2 stand that. their work, so all we are saying is let minutes to the gentleman from New The other thing is that businesses us do it right. This is a very fair and York, Mr. CROWLEY. that have gone out and actually balanced rule which allows for a free- (Mr. CROWLEY asked and was given worked on this have found it to be cost flowing debate, while at the same time permission to revise and extend his re- effective. It saves money for their com- recognizing that most of my colleagues marks.) pany, and it is good for their employ- with whom I have spoken over the last Mr. CROWLEY. Mr. Speaker, I rise ees. This afternoon I talked to 3M. few days want us to complete our work today in strong opposition to my good They have an ergonomist on their by the end of this week so we can go friend from Buffalo, New York, a fellow staff. That person has saved them home for August. This rule allows us to New Yorker, to this rule and to, even money. It is better for the company have a debate and do it in a fair way, more importantly, to H.R. 987, the and better for the workers. This is and also get this, and I hope the rest of Workforce Preservation Act. something that clearly works. So I our work, done. So I urge support of Injuries resulting from workplace hope that people will focus on what is the rule. stress and strain have long been stud- really going on here. Mr. FROST. Mr. Speaker, I yield 2 ied. We cannot continue to needlessly Back in October of 1998, then appro- minutes to the gentleman from New put off a standard by the Occupational priations Chairman Livingston and the Jersey (Mr. ANDREWS). Safety and Health Administration. gentleman from Wisconsin (Mr. OBEY) (Mr. ANDREWS asked and was given There is overwhelming scientific evi- sent a letter to Alexis Herman saying permission to revise and extend his re- dence supporting the belief that we are funding this NAS study and it is marks.) ergonomically unsafe conditions result in no way our intent to block or delay Mr. ANDREWS. Mr. Speaker, I thank in repetitive strain injuries, also called issuance by OSHA of a proposed rule on my friend from Texas for yielding me RSIs. ergonomics. time. Approximately 700,000 serious work- Well, it looks to me today like what Mr. Speaker, I rise in opposition to place injuries result from ergonomi- is going on here is delay, and is con- the rule. I listened intently to my cally unsafe working conditions. This August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6909 accounts for 31 percent of all injuries We know that many ergonomic prob- Please support this rule, and please and illnesses involving lost workdays. lems are preventable. OSHA’s draft support the gentleman from Pennsyl- The cost of these lost workdays has proposal provides clear guidance to em- vania (Chairman GOODLING) in the bill. been estimated to be between $15 and 20 ployers and employees on how to pre- Mr. FROST. Mr. Speaker, I urge the billion. vent ergonomic injuries, relieve the rule be defeated, and I yield back the Now, these are not made-up injuries, suffering, and save billions in balance of my time. they are not fantasies in workers’ healthcare and productivity costs. Mr. REYNOLDS. Mr. Speaker, I yield minds. These are real injuries, not only Let us stop delaying. Let us give myself such time as I may consume. costing billions of dollars, but destroy- OSHA the authority they need to work Mr. Speaker, in closing, as an up- ing people’s everyday lives, people who with employers to prevent these seri- through-the-ranks legislator of town, can no longer work in their chosen pro- ous health problems. I urge a ‘‘no’’ county and State before getting elected fessions, no longer cook at home, no vote. to Congress, and as a small business- longer play the guitar, no longer ride Mr. REYNOLDS. Mr. Speaker, I yield man, I have watched small businesses, their bicycles even, and even no longer 2 minutes to the gentleman from Lou- I have watched farmers, I have watched picking up their little children. That is isiana (Mr. TAUZIN). local volunteer fire companies, and I what we are talking about here. (Mr. TAUZIN asked and was given have watched local municipalities hin- I cannot understand how my col- permission to revise and extend his re- dered by OSHA when they were asked leagues could want to delay the imple- marks.) to enforce regulations that were some- mentation of a standard that would not Mr. TAUZIN. Mr. Speaker, I am often times hastily written and created by only reduce pain and suffering but save asked when I am at home, when is the Federal bureaucrats. ] the business community of this coun- government going to live by the same try billions of dollars each year. I ap- rules and by the same procedures that b 1845 it asks other Americans to live by? For plaud last year’s appropriation funding Mr. Speaker, this body has long been of the National Academy of Sciences example, if I wanted to get a permit from the government in an area that concerned about the issue of sound sci- study of ergonomic injuries. However, entific definitions of these types of that is no reason to delay the imple- might be considered a wetland, I have got to go through all the procedures of workplace injuries. The bill merely re- mentation of a highly researched and quires OSHA to base their definitions needed OSHA standard. Stand up for finding out whether or not an EPA assessment is required, and we have to on sound scientific data. working Americans, stand up for Last year the Congress authorized healthy workplaces. Vote against this file all those reports before we can get a permit. and American taxpayers paid almost $1 rule, H.R. 987, to help prevent thou- million for the nonpartisan National sands of injuries and save employers up If I have a drug I want to sell in this country, I cannot say to the FDA, let Academy of Sciences to conduct a com- to $20 billion a year. prehensive study of all the available Mr. FROST. Mr. Speaker, I yield 2 me sell it first; we will do the scientific scientific literature, examining the minutes to the gentlewoman from New work later on, whether or not it works cause and effect relationship between York (Mrs. LOWEY). or whether or not it is going to hurt Mrs. LOWEY. Mr. Speaker, I rise in anybody. repetitive tasks in the workplace. The strong opposition to the rule and to the Americans are subjected to a simple study is currently under way. It is ex- bill. Like many of my colleagues, I feel rule when it comes to many of those pected to be completed within a 2-year as if I am in a time warp. Last year agencies; get the science done, and time frame, and would be ready by 2001. when the latest NAS scientific review then we will tell you whether you can As my colleague, the gentleman from was funded, there was an agreement do something or not. Texas (Mr. BONILLA) said, we should that this study should not and would What the gentleman from Pennsyl- make sure that OSHA bases its regulations on sound science, not political not block or delay a proposed rule on vania (Chairman GOODLING) is doing, ergonomics. Yet here we are again. what this rule proposes, is a simple science. The bill is not about the need for proposition, that this agency, OSHA, Mr. Speaker, I urge my colleagues to more research. Both NAS and NIOSH ought to get its good science done be- support this fair rule and the under- have conducted exhaustive reviews of fore it issues a regulation. It ought to lying bill. the scientific literature and concluded have in front of it the best science pos- Mr. Speaker, I yield back the balance that this is a compelling workplace sible to make the best rule that is the of my time, and I move the previous safety and health issue. most efficient in our society. Not that question on the resolution. This is about delaying the implemen- it should not regulate, not that this is The previous question was ordered. tation of sensible regulations that not a problem in the workplace, we The resolution was agreed to. OSHA has crafted after consulting with know it is, but it ought to do it right, A motion to reconsider was laid on and taking advice from employers it ought to do it efficiently, and, most the table. around the country on the actions importantly, it ought to do it accord- The SPEAKER pro tempore (Mr. those employers have taken to prevent ing to the best science. SHIMKUS). Pursuant to House Resolu- workplace injuries. Now, this Congress funded that good tion 271 and rule XVIII, the Chair de- There is simply no need to further science. This Congress put out nearly clares the House in the Committee of delay OSHA from issuing a standard or $900,000 to get that work done. All the the Whole House on the State of the guideline. In fact, there is an urgent gentleman from Pennsylvania (Mr. Union for the consideration of the bill, need to let them move ahead to pre- GOODLING) is asking is that that work H.R. 987. vent these workplace problems. be completed so that we can have the IN THE COMMITTEE OF THE WHOLE Each year more than three-quarters best rule, the most efficient rule, one Accordingly, the House resolved of a million serious and chronic dis- that works, without causing undue cost itself into the Committee of the Whole orders related to repetitive motion, or burden on the rest of the citizens of House on the State of the Union for the heavy lifting, or awkward postures this country who pay their taxes and consideration of the bill (H.R. 987) to occur in our workplaces. These ergo- go to work every day and expect to be require the Secretary of Labor to wait nomic injuries cost billions annually. treated decently in our society. for completion of a National Academy Let me remind colleagues this is a They are asking, is this government of Sciences study before promulgating women’s health issue. Women are five agency going to live by the rules we a study or guideline on ergonomics, times more likely to develop carpal have to live by? Is this government with Mr. SHIMKUS in the chair. tunnel syndrome than men, one of the agency going to do the good science The Clerk read the title of the bill. most painful ergonomic problems. first before it imposes a regulation on The CHAIRMAN. Pursuant to the Women are disproportionately rep- us, the same way we are required to do rule, the bill is considered as having resented in the jobs and workplaces the good science first before we can get been read the first time. where ergonomic hazards are the most a permit from this government? It is Under the rule, the gentleman from common. that simple. Pennsylvania (Mr. GOODLING) and the H6910 CONGRESSIONAL RECORD — HOUSE August 3, 1999 gentleman from Missouri (Mr. CLAY) regulations that as a matter of fact bill to come to the floor of this Con- each will control 30 minutes. will help, not hurt. One-size-fits-all gress attempts to strip working people The Chair recognizes the gentleman could really do great damage to the of their rights, instead of enhancing from Pennsylvania (Mr. GOODLING). very people we are trying to help. them. We should be taking action on Mr. GOODLING. Mr. Chairman, I Mr. Chairman, I reserve the balance behalf of working families to pass a yield myself such time as I may con- of my time. comprehensive Patients’ Bill of Rights, sume. Mr. CLAY. Mr. Chairman, I yield my- to pass an increase in the minimum Mr. Chairman, H.R. 987 is a very sim- self 5 minutes. wage, and to address inadequate family ple bill. It ensures that the National Mr. Chairman, I rise in opposition to leave and retirement savings of work- Academy of Sciences completes the this bill. Mr. Chairman, there is such a ers. congressionally mandated study of thing as political speech, and courts This bill says a good deal about the ergonomics and reports its findings to have sanctioned it under the first misguided priorities of the majority Congress before OSHA promulgates a amendment. In reality, it allows politi- and the failure of this Congress to take proposed or final standard. cians to exaggerate incidents, to em- action on behalf of working families. As I said during the debate on the bellish facts, and still maintain protec- Mr. Chairman, I urge Members to op- rule, everyone knows that eventually tion under that first amendment. pose this anti-worker legislation, and I there probably will be standards and What we just heard is a perfect exam- reserve the balance of my time. regulations, but certainly we should ple of political speech. Members will Mr. GOODLING. Mr. Chairman, I probably hear it over and over from make sure that science precedes regu- yield 21⁄2 minutes to the gentleman that side today. President Clinton lation, not the other way around. We from Missouri (Mr. BLUNT), the author get in real trouble when we reverse never agreed to delaying the issuance of the legislation. that. of ergonomic rules while the study is Mr. BLUNT. Mr. Chairman, I thank There is a great deal of scientific and being conducted. the gentleman for yielding time to me. medical uncertainty in this debate Of course, they are entitled to polit- Mr. Chairman, where I am from, and about ergonomics. Our Subcommittee ical speech, according to the Federal where my friend, the gentleman from courts. Mr. Chairman, H.R. 987 pro- on WorkForce Protections, as I indi- Missouri (Mr. CLAY) is from, the State hibits the Secretary of Labor from pro- cated also during the discussion of the of Missouri, $1 million is still a lot of mulgating any standard or guidelines rule, has had many hearings during the money. It may not be a lot of money on ergonomics until the National Acad- last 2 years. The only thing that was here in Washington, but it is a lot of emy of Sciences completes a study. certain was that there was a great deal money where I am from. This bill is simply one more attempt to of uncertainty. I keep asking myself as I hear this delay and ultimately block the I indicated that even a very well debate, as I have looked at this issue issuance of critical ergonomic work- known back surgeon indicated that, over the last several months, why are place guidelines which are needed to with all of the work that he has done, we spending this money? Why did the reduce an epidemic of work-related he realizes that in many instances, it is administration agree to this study? stress and strain injuries. distress in life and job dissatisfaction. Ergonomic injuries and illnesses re- Why did the Congress appropriate the Well, I sure hope that OSHA does not main the most common, the most seri- money? Why are we spending the start writing regulations in relation- ous health risk workers face, and ergo- money? ship to distress in life and job dis- nomic illnesses and injuries remain the We are spending the money because satisfaction, or we will be in real trou- single largest cause of injury-related the one weekend study that NAS has ble. So we really need to wait, because lost work days. In 1997, there were already done is not adequate. We are that is what the Congress said. more than 600,000 lost workday injuries spending the money because there is a Who said that in the Congress? Three and illnesses due to overexertion, re- tremendous lack of clarity and agree- hundred thirty-three Members, 333 petitive motion, and other bodily reac- ment on these issues. In fact, if Mem- Members said that there should be an tions related to ergonomic hazards. bers read the draft standard, I think it in-depth scientific study, and we will This represents 34 percent of all lost is clear why we are spending the put up almost $1 million for that pur- workday illnesses and injuries. money. The draft standard is not clear. pose, agreed to by the President, Work-related musculoskeletal dis- The draft standard is ambiguous. agreed to by the Congress. Three hun- orders cost employers between $15 and The reviews on the draft standard, dred thirty-three voted for that legisla- $20 billion in workers compensation from the SBREFA panel, the Small tion that contained that. costs each year. Women workers are Business Review Panel, to all kinds of Now all of a sudden we hear, oh, but particularly victimized by ergonomic journals that have reviewed this, have two people said that they do not have injuries and illnesses. For example, talked about the problems the draft to pay any attention to what the Con- women are 69 percent of those who lose standard would create. We need to be gress said and what the law said. That work time due to carpal tunnel syn- sure, when we talk about people’s jobs, is a pretty interesting turn of events. drome. that we are talking about specific and Two people said? That probably was The contention that we do not know certain facts. the best kept secret. Probably 331 oth- enough to regulate in this area is dis- One of the facts we hear here tonight ers who voted for it did not know that. puted by the overwhelming majority of is the groups that are disproportion- They thought that as a matter of fact, scientific opinion, and has been dis- ately affected by these kinds of inju- they were saying let us get the facts proved by the real world experiences of ries. I am sure later we will eventually before we write regulations. thousands of employers who have hear what the source for that is, but I So again, I would hope that we re- taken steps to address ergonomic haz- would tell the Members that the whole mind ourselves that it was we, the Con- ards and have substantially reduced in- work force is ill affected by standards gress, 333 Members, who said it is very juries as a result. that are not based on sound science. necessary to get this additional infor- This bill is opposed by the AFL-CIO My concern is that as we look at mation by a nonpartisan group, by peo- and all the major labor organizations these standards, as we look at the li- ple who do this for a living, people who that represent working people. It is ability, as we look at the vagueness if are scientists, before we delve into reg- contrary to the recommendations of those did become the standards, that ulating something that we are not sure the major occupational associations, people who are in the business of cre- will help or hurt the very people we are the National Institute of Occupational ating jobs, people who are in the busi- trying to help. Safety and Health, and the clear con- ness of sustaining jobs, would have to Any time a broad government regula- clusions of the National Academy of look at these standards, and their push tion like this proposal goes into effect, Sciences. would be not to hire more people but livelihoods of our constituents are in Additionally, President Clinton will their push would be to make a greater jeopardy, so we want to make very, veto this bill if it reaches his desk. capital investment instead of a people very sure that we have the facts, the Mr. Chairman, how odd, how unfortu- investment, because of the way the scientific facts, so that we can write nate, that the first significant labor standards are written. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6911 In our country, a person’s job has a Republican majority disagrees with about whether we expect regulatory degree of sanctity to it that I think we science, they insist on more studies. agencies to base their rules on medical have to be careful about here in Wash- They hope that science will eventually evidence and sound science. I do not ington if we treat that casually. If we support what they want it to say. think there can be any debate about decide that, based on the instincts of H.R. 987 is an inexcusable delay tac- that either, Mr. Chairman. some bureaucrat over at OSHA who tic. It is a tactic that benefits no one, So I urge my colleagues on both sides had not lifted anything that day heav- not business, and certainly not work- of the aisle to support the bill of the ier than a pencil, that that is the per- ers. I urge my colleagues to oppose it. gentleman from Missouri (Mr. BLUNT), son who is going to decide what is hard A vote against H.R. 987 is a vote for H.R. 987, and allow the taxpayers to get to do at the workplace and somebody’s workers. their money’s worth for the science job winds up eliminated because of Mr. GOODLING. Mr. Chairman, I and the study that we paid for last year that, I think that is a serious concern. yield 3 minutes to the gentleman from before proceeding down this very dan- I think that is a serious problem. Ohio (Mr. BOEHNER), chairman of the gerous path. I think there is much evidence as to Subcommittee on Employer-Employee Mr. CLAY. Mr. Chairman, I yield 3 why we need this standard. The Relations. minutes to the gentleman from Michi- SBREFA group said that the draft Mr. BOEHNER. Mr. Chairman, I gan (Mr. BONIOR), the distinguished mi- standard was a problem. One of the rea- thank the gentleman from Pennsyl- nority whip. sons was the vagueness. One of the rea- vania (Mr. GOODLING), the chairman of Mr. BONIOR. Mr. Chairman, recently sons was the vagueness of the terms. the Committee on Education and the I traveled to the Eastern Shore of Well, this study will solve problems Workforce, for yielding me this time, Maryland and the district of the gen- like that. This study will create the and I appreciate his efforts and my col- tleman from Maryland (Mr. GILCHREST) to learn about the poultry industry and sound science. This study will create leagues’ efforts for bringing this bill to talk with some of the people who an atmosphere where people are en- before us. have been suffering injuries in the Na- couraged to show up at a safe work- Mr. Chairman, I rise tonight in favor tion’s chicken processing plants. place every day, but that their jobs are of H.R. 987, the Workplace Preservation Act. I am sure that if we went out and Chickens are processed on something still there. akin to an assembly line. Most of the This is about people’s jobs. This is explained this bill to most Americans, they would wonder why we are even actual cutting up is done hand by hand, not about some political play here in chicken by chicken, day after day, Washington, this is about people’s jobs. here tonight having to debate this. First, let us be very clear about this. hour after hour. It is about a $1 million study, and it is One of the cutters that we talked to We are not prohibiting OSHA from reg- about seeing that study before the final was a woman named Sharon Mitchell. ulating ergonomics. We are simply say- regulation is drafted. She made her living as a cutter on the ing that before OSHA issues a set of Mr. Chairman, I urge support of the line, standing on a wet concrete floor, sweeping new regulations that impact bill. in a factory as cold as a refrigerator, millions of employees and employers, Mr. CLAY. Mr. Chairman, I yield 2 with a knife in her hand, deboning we ought to at least look at the science minutes to the gentlewoman from Cali- breasts and thighs. fornia (Ms. WOOLSEY). that we paid for just a year ago and Earlier today, as I was in my office, (Ms. WOOLSEY asked and was given what the American people paid for I had the sound off, I had it on mute, permission to revise and extend her re- when Congress appropriated $980,000 to and I was watching the screen and this marks.) the National Academy of Sciences to debate, and the gentleman from Lou- Ms. WOOLSEY. Mr. Chairman, back take a comprehensive look at this isiana (Mr. TAUZIN) was making this in the seventies, I was the human re- issue. We are simply saying let us let motion. sources manager at an electronic man- good science precede regulation, not Sharon Mitchell makes that motion. ufacturing company. At one point we the other way around. She told us as we were sitting there, started to see a large number of re- If OSHA meets its current timetable, ‘‘You try to do this.’’ I invite every- peated stress injuries. It was not hard the final ergonomics regulations will body who is watching me today to do for us to figure out why the problems be in place before the National Acad- this. Because she does this 50 times a were occurring, because our printed emy of Science’s studies are even fin- minute, 8 hours a day, at least 5 days a circuit board assemblers were using the ished. Not only will the efforts of the week. I want my colleagues to feel the same motions repeatedly to insert elec- National Academy be wasted, but the repetitiveness of what this is about. tronic components into their printed money that the taxpayers put up last That means that Sharon Mitchell circuit boards. But it was difficult to year for the study will be wasted as performs the same cutting motion 3,000 figure out why it was happening and well. times an hour, 24,000 times a day, what was the solution. Mr. Chairman, that is just not ac- 120,000 times per week, and more than 6 So I did something that most of ceptable. That is why we are here to million times a year. It is no wonder those who speak so negatively about pass H.R. 987 tonight. OSHA’s decision that the poultry industry has a hard OSHA on the other side probably would to disregard the need for sound science, time keeping healthy workers. think very odd. I asked CAL OSHA to not to mention the will of this Con- Ergonomic industries are the leading come to our company and help us work gress, is an example of the kind of bu- cause of turnover, 100 percent in some through our problems. With their help, reaucratic arrogance that is making of the plants. Do my colleagues know we changed some of our assembly proc- Americans cynical about their govern- what the wage is, the average wage for esses and the symptoms stopped. ment today. people who do this 6 million times a Mr. Chairman, we knew that it was Many questions remain about the na- year, 3,000 times an hour? Five dollars important to protect our workers from ture of the relationship between work- and sixty-one cents. injuries because if we did not, our com- place activities and these types of inju- Ergonomic injuries affect virtually pany was not going to be able to be- ries. But OSHA has concluded that it every economic sector in the country, come a Fortune 300 company, which, by does not need to wait for medical and truckers, nurses, cashiers, computer the way, it did. scientific communities to answer these operators, construction workers, meat questions. OSHA has decided it already cutters, assembly line workers. 600,000 b 1900 has the answers, and it is going ahead Americans are hurt every year from But it would not have without a with its new regulation as it sees fit. these injuries. healthy workforce. I think we can all agree that this Workers compensation costs related Mr. Chairman, all businesses and all kind of bureaucratic free-wheeling is to these injuries top $20 billion a year. employers and all employees will ben- wrong. Mr. Chairman, the debate today Study after study have documented the efit from ergonomic standards. We al- is not about whether we need to assure problems, beginning with studies under ready have sound science regarding the the safety in the workplace for the the Bush administration a decade ago. problems caused by repetitive motion. American workers. There can be no de- So ignoring Sharon Mitchell’s con- The problem appears that, when the bate about that. The debate today is cern and that of the literally thousands H6912 CONGRESSIONAL RECORD — HOUSE August 3, 1999 of people that work with her will not Second, the opponents argue that saying they do not exist. This NAS make this go away. OSHA has worked on ergonomics for study was completed in 1998, published Now, several companies like Ford almost a decade and that fact somehow in 1999. and 3M and AT&T, for example, have makes the NAS study irrelevant. Well, The conclusion reached here in the adopted a low-cost measure to prevent again, Congress and the President study is that: ‘‘better understanding of these injuries from happening. It is agreed to fund the comprehensive the course of these disorders would pro- time that we follow their lead. study by the National Academy of vide information that would assist in I will never forget that woman stand- Sciences just in October, not 10 years formulating strategies for tertiary ing there with tears in her eyes doing ago. We, Congress, decided the issue intervention.’’ this and suggesting to us that we can needed more study, and we were willing So the new studies, the continuing do better. Think about it. One hundred to spend nearly a million taxpayer dol- studies will seek ways to intervene. percent of the workers in some of these lars to finally get the comprehensive There is certainly room in this com- plants turn over every year because of and impartial look at the scientific and plex area for studies for a long time to these injuries. medical evidence before OSHA should come. I hope that we do not stop after Mr. GOODLING. Mr. Chairman, I regulate. we complete 2 more years of study. But yield 31⁄2 minutes to the gentleman Looking back, 10 years is instructive there will be an ongoing set of gath- from Colorado (Mr. SCHAFFER). in one regard. Ten years ago, the De- ering of evidence and development of Mr. SCHAFFER. Mr. Chairman, I ap- partment of Labor claimed that intervention strategies that will make preciate the gentleman from Pennsyl- ergonomics-related injuries accounted it safer for the people in the workplace. vania for yielding me this time. for about 3 percent of all workplace in- That is no reason to delay. Mr. Chairman, my first job out of juries and illnesses. OSHA now claims What we really hear today is a clear college was in a salmon cannery in that ergonomic-related injuries ac- statement of the Republican platform Alaska. The opportunities for injury count for 34 percent of workplace inju- on the workplace. The workplace is not associated with repetitive motions ries. a place that they want to make safe for were ones our employers new an awful Now, that huge difference is not just the workers. They are indicating their lot about and upon which they spent a because of an increase in injuries. In great contempt for workers, as they lot of time ensuring safety came first. fact, workplace injuries have been de- have indicated repeatedly. OSHA, of They understood it to be an economic clining in recent years. The difference course, is a major target. issue, as well as one that, in the con- between the 3 percent in 1990 and the 34 They have several bills which attack text of humane treatment of employees percent that OSHA refers to today is OSHA, and they always give them and compassion of workers, was an in- simply due to the Department of La- strange names or names that camou- tegral part of business. bor’s changing definition. flage the real intent. There is the I have often said that standing boot There has not even been a consistent, ‘‘Science Integrity Act,’’ which is actu- deep in fish heads, gut, and entrails uniform definition of what injuries ally a bill to allow businesses with fi- was probably the best training that I would be addressed by an ergonomics nancial interest in particular regula- ever received for serving in Congress. regulation. Now that in itself is a good tions to place their own experts on the But I also point out that OSHA’s deci- indication of the scientific and medical peer review panels. That is a majority sion to move forward on regulations uncertainty itself surrounding this Republican bill for OSHA. without benefit of thorough study is a issue and why we need the NAS study There is a ‘‘Safety Advancement For classic example of the phrase often that OSHA wants to ignore. Employees Act,’’ and that is a bill to used in business ‘‘ready, fire, aim.’’ A vote in favor of H.R. 987 is an exer- exempt penalties to employers who Our goal here in proposing this bill’s cise in prudent judgment and a respon- violate the OSHA standards. passage is to arrive at a set of goals, sible step towards sound workplace There is the ‘‘OSHA Reform Act of rules, and regulations that actually hit safety regulation. To reject this bill is 1999’’ which would totally eliminate the mark, that actually are useful to advance the misguided philosophy of OSHA’s enforcement of standards in its goals and regulations that actually ‘‘ready, fire, aim.’’ protection of whistle blowers. Then can, with some confidence, be attrib- Mr. CLAY. Mr. Chairman, I yield 3 there is the ‘‘Fair Access to Indemnity uted to a safer workplace. minutes to the gentleman from New and Reimbursement Act’’ which would Now, it is rare for the current Presi- York (Mr. OWENS). chill OSHA enforcement by awarding dent and the current Congress to agree (Mr. OWENS asked and was given attorney fees to businesses whenever so completely on such a topic, but in permission to revise and extend his re- OSHA lost a case. October of 1998 both the executive marks.) They are consistent. They have been branch and the Congress did agree that Mr. OWENS. Mr. Chairman, it would plugging away at OSHA for a long a comprehensive study by the National be good to have a few facts on the time. They are consistently hostile to Academy of Sciences of the medical record. I think it is important to take working families. That is what we are and scientific evidence regarding mus- another section from the President’s hearing today. It is good that we are culoskeletal disorders be initiated. veto message where he states that the having this debate to have the destruc- That study was and is to become the administration agreed to the inclusion tive Republican platform for working basis for future OSHA regulations. of funding for this study based on a families clearly stated on this floor. That study is not yet completed. This clear understanding that the study b is the one fact that we need to keep in would not be used as a reason to delay 1915 mind. OSHA’s proposed ergonomic standards. Mr. GOODLING. What is the division It is often argued that the fact Con- H.R. 987 would reverse this agree- of time at the present time, Mr. Chair- gress requested and funded the study ment by forcing OSHA to wait up to 2 man? by the National Academy of Sciences years before issuing a standard in ex- The CHAIRMAN. The gentleman does not matter because there was pectation that the conclusions of a new from Pennsylvania (Mr. GOODLING) has some kind of letter signed by the chair- NAS study were different from those 17 minutes remaining, and the gen- man of the Committee on Appropria- reached by NAS just last year and al- tleman from Missouri (Mr. CLAY) has tions and the ranking member telling ready reached by the National Insti- 181⁄2 minutes remaining. OSHA it was not barred from going for- tute for Occupational Safety and Mr. GOODLING. Mr. Chairman, I ward with its intended regulations. But Health which completed an exhaustive yield 2 minutes to the gentleman from the fact of the matter is, while every- study in 1997. California (Mr. MCKEON), our erstwhile one knew about the study, no one, with Both of these studies concluded that subcommittee chair. the exception of a few Members of Con- musculoskeletal disorders are caused Mr. MCKEON. Mr. Chairman, I thank gress, was aware of the letter. It cer- by physical forces in the workplace and the gentleman for yielding me this tainly would not stand up in any court that ergonomic solutions can reduce time, and I rise in strong support of as the basis for expression of legisla- those forces and the incidence of MSDs. H.R. 987, the Workplace Preservation tive intent. These two studies do exist. They keep Act. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6913 For years, the issue of ergonomics believe that existing science supports We have to make certain we do it has been fiercely debated. Unfortu- the need for an ergonomics standard right. So I urge you to vote for this nately, many would like to make this a and oppose H.R. 987. The American bill, demonstrate our ability to be pa- partisan debate, when, in fact, we all Public Health Association, the Amer- tient and study the complexities of the want what is best for the American ican Nurses Association, the American issue before taking action. worker. Therefore, in order to best ad- Association of Occupational Health Mr. CLAY. Mr. Chairman, I yield 2 dress the issue, last year Congress and Nurses, the American College of Occu- minutes to the gentlewoman from Con- the President agreed to fund a com- pational and Environmental Medicine, necticut (Ms. DELAURO). prehensive 2-year study to look at the representing over 2.7 million safety and Ms. DELAURO. Mr. Chairman, I rise scientific evidence surrounding repet- health professionals, have documented in opposition to the Workplace Preser- itive tasks and workplace injuries. the need for and support an ergonomics vation Act, which bars OSHA from I supported this provision when it safety standard to protect workers issuing vital ergonomics standards was included in last year’s omnibus bill from workplace injuries. until the National Academy of because it provided a commonsense so- The American College of Occupa- Sciences has completed its study on lution to a very difficult issue. As such, tional and Environmental Medicine is this issue. I was alarmed when I heard that OSHA America’s largest occupational medi- This legislation is unnecessary. The was moving forward earlier this year cine society concerned with workforce NAS study duplicates work that has al- on a proposed ergonomics standard health, and they have said and I quote, ready been completed by the National barely before the study had begun. ‘‘There is adequate scientific founda- Association for Occupational Safety Consequently, I cosponsored H.R. 987 tion for OSHA to proceed with a pro- and Health. OSHA could have published and voted for it when it was considered posal and, therefore, no reason for regulations this year if it could move by the Committee on Education and OSHA to delay the rulemaking proc- forward on this issue. This is another the Workforce. ess.’’ scheme to prohibit OSHA from car- To me, this bill is very basic. It sim- The American Public Health Associa- rying out its mandate, which is to pro- ply says that the Labor Department tion’s national women’s groups, ac- tect employees across the country from must wait to move forward until the cording to Women Work, the National hazards of the workplace. fundamental medical and scientific Network for Women’s Employment, all Ergonomic injuries are the most questions surrounding ergonomics are urge a ‘‘no’’ vote on this resolution. I common serious workplace health answered. We owe that to the Members urge my colleagues to join them. problems that face workers. Each delay of this body who supported the provi- Mr. GOODLING. Mr. Chairman, I means another 620,000 employees in- sion. We owe that to the taxpayers, yield 2 minutes to the gentleman from volved in everything from heavy lifting who funded this million dollar study. Michigan (Mr. EHLERS) from the com- to data entry will suffer injuries asso- We owe it to the thousands of busi- mittee. ciated with repeated trauma such as nesses who would be accountable to the Mr. EHLERS. Mr. Speaker, I thank carpal tunnel syndrome. One of three new standards. And most importantly, the gentleman for yielding me this workers’ compensation dollars goes to we owe it to the American workers who time. I am very sympathetic to the repetitive stress injuries. The number deserve a safe and healthy workplace. problems of ergonomics. That may not continues to rise. Again, I urge all my colleagues to be a statement that my colleagues Let me just mention that, in fact, vote for H.R. 987. have heard too much from this side of ergonomic guidelines are good for em- Mr. CLAY. Mr. Chairman, I yield 2 the aisle, but I am sympathetic for rea- ployees and are good for business. Let minutes to the gentlewoman from Cali- sons relating to the ailments I have en- me give my colleagues two examples fornia (Ms. PELOSI). countered, and I will amplify on that from the State of Connecticut. In New Ms. PELOSI. Mr. Chairman, I thank during debate later on. Haven, at the Ives Company, which is a the distinguished ranking member for At the same time, I still support this hardware manufacturer, they reduced yielding me this time and for his lead- bill, because I have learned that the employee injuries by 90 percent by cut- ership on this issue, as well as the issues revolving around some of the ting out manual lifting. Aetna Life re- ranking member on the subcommittee things I have had, including a herni- designed its workstations and produc- of jurisdiction, the gentleman from ated disk in my back, and surgery for tivity increased by 64 percent. Busi- New York (Mr. OWENS). that; carpal tunnel syndrome, with sur- nesses can win. Ives cut its injury costs Mr. Chairman, I think it is quite gery on both hands for that; and chron- from $88,400 to $8,700. Aetna calculated ironic that many people have said in ic asthma, I have learned that all of its productivity increase and brought the course of this year that this cen- these issues are extremely complex as it to $621,000 annually. tury began with violence in the Bal- related to the workplace. Ergonomic guidelines are good for kans and it is ending with violence in These issues are so complex that it is hard-working men and women. They the Balkans. So too with this issue. important that we do the National are good for businesses, large and This century began with the muck- Academy study. I want to make cer- small. We need to end this delay, and rakers, with Ida Tarbell and Upton Sin- tain that we do it not because we are we need to support progress. We need clair pointing out dangers in the work- trying to delay the issue or somehow to support and protect hard-working place for American workers. They avoid the issue, I think it is important men and women and save money in showed the exploitation of the worker. to wait until the National Academy health care costs and lost wages. And here we are at the end of the cen- study is finished simply because we I urge my colleagues to oppose this tury, much enlightened, much im- should have the result of the National bill. proved, but not completely. Academy study before any final deci- Mr. GOODLING. Mr. Chairman, may And ironically, the new information sions are made on precisely what we I have the division of time again? technology age has presented new and should do, and what the best approach The CHAIRMAN. The gentleman additional challenges. As more people is regarding ergonomics. from Pennsylvania (Mr. GOODLING) has work on keyboards and look at screens, So I support the bill. I think it is 131⁄2 minutes remaining, and the gen- it presents more possibilities for ergo- very important that we do take the tleman from Missouri (Mr. CLAY) has nomic disease. So let us not ignore the time to deal with the complexities of 141⁄2 minutes remaining. history of it. We look with great em- the issue, make certain that whatever Mr. GOODLING. Mr. Chairman, I barrassment at what happened at the we decide in this body or through the yield 2 minutes to the gentleman from beginning of the century. We know so regulatory agencies is the appropriate Georgia (Mr. ISAKSON), a member of the much more now. We owe it to the approach, the right way to deal with committee. American worker to do better. the problem, so that we actually come Mr. ISAKSON. Mr. Chairman, I But I do not ask my colleagues to up with good solutions rather than just thank the gentleman for yielding me take my word for it. In saying this, I have individuals sitting at desks say- this time, and I rise in support of H.R. am joining the major national occupa- ing, well, this makes sense, let us do 987, as introduced by the distinguished tional and safety health groups, which this, let us do that, let us try this. gentleman from Missouri. H6914 CONGRESSIONAL RECORD — HOUSE August 3, 1999 I rise to make really two points. The would merely review existing informa- mally, and I have seen it affect them first is based on experience. In the tion in literature. seriously, some enough to lose their State of Georgia, for years, where I This is the same group standing up jobs. worked in the legislature on workers saying delay, we want to await the Na- b 1930 compensation legislation, without tional Academy of Sciences report that question, the preponderance of the rejected the National Academy of I have learned from speaking to cases that went to final court were Sciences report saying that there many medical experts and reading a cases over musculoskeletal disorders. I should be statistical sampling in the great many medical studies on this believe if we were to check the other 50 census. They threw that out. But now, subject that there is much controversy States in the United States of America, because it is to their benefit to wait on the cause of these injuries, includ- we would find also the preponderance and delay, they want to wait for the ing how much repetitive motion versus of those cases that had to go to court National Academy of Sciences report. trauma is necessary to cause the onset were over musculoskeletal disorders. There are reports out there, Mr. of symptoms. Until we know more facts about the And we would also find that in every Chairman. Let me say that the Na- various causes of repetitive motion in- case a physician of renown, a physician tional Institute of Safety and Health juries, how do we know the best meth- with experience, testified on behalf of has already had the most comprehen- od to avoid reducing these injuries? We the injured party and on behalf of the sive compilation of review research on are only guessing at the best way to business. And decisions fell on both this issue to date. And the relationship between those types of injuries and the protect workers. sides. And why? For a very simple rea- I am concerned that without the Na- exposure to the workplace risk factors son. It is a very difficult task to deter- tional Academy of Sciences study, we was shown. They have identified over mine exactly what the cause was. may allow regulations that have the To wait for scientific data to be con- 2,000 studies of work-related injuries unintended consequences of one exclusive is important, and to wait for and hazards, two thousand. treme doing nothing and the other ex- this study that has been funded to They selected 600 of the studies for acerbating injuries or causing different come back before those regulations is detailed review based on well-accepted types of injuries. And I am not willing also very important. criteria, that included strength of association, consistency, temporality, and to accept that risk. But I also want to address what the Mr. Chairman, I support H.R. 987; and coherence of evidence. Twenty-seven gentleman from New York (Mr. OWENS) I urge my colleagues to join me in vot- peer reviewers examined that docu- said. This is not a battle of us against ing for it. workers and someone else for them. ment, including epidemiologists and Mr. CLAY. Mr. Chairman, I yield 2 This is not a battle against the lady other scientists, physicians, minutes to the gentleman from Ohio ergonomists, engineers, industrial hy- that the gentleman from Michigan (Mr. (Mr. KUCINICH). BONIOR) mentioned, who over and over gienists, employers and employee rep- Mr. KUCINICH. Mr. Chairman, I repeated those motions. But it is a bat- resentatives. Based on that review of thank the distinguished gentleman for tle over looking at all the interest of the scientific evidence, they had a sub- yielding me the time. regulation. stantial body of credible research that Mr. Chairman, I urge my colleagues So let me personalize the story. Let showed strong evidence of association to vote against H.R. 987, the so-called me talk about James Abney, a doctor between those types of injuries and ‘‘Workplace Preservation Act.’’ Per- in Marietta, Georgia, who employs his work-related physical factors. haps it ought to be called ‘‘Woman Out wife and two dental assistants. A few The NAS study in 1998, Mr. Chair- of the Workplace Act.’’ Because this years ago, when a major problem in our man, reviewed the same body of evi- legislation is against working women. country arose over the possible spread dence, but it supplemented that evi- This bill is about our aunts. It is of AIDS in the use of dentistry, and dence by including reviews of bio- about our mothers, our sisters. It is many will remember that case, imme- mechanical and other control interven- about women who have many respon- diate regulations came down which tion studies. They then had scientists sibilities not only in the workplace but caused the acquisition of almost $40,000 review it and had panel discussions. at home that when they have a repet- in additional equipment, additional They had a 10-member steering com- itive motion problem it compounds techniques, additional coverings in mittee prepare the report. They had a their life. treatment and additional policies. peer review by an additional 10 sci- H.R. 987 would stop the writing of None of us would argue that was not entists. regulations that protects workers, pri- the appropriate response, but they Mr. Chairman, I think my colleagues marily women, who suffer the crippling were so quick, and in the absence of get the point. This is ready, aim, delay, and painful injuries caused by repet- data, that over half of those within a delay, delay. itive motion. year were repealed as being unneces- Mr. GOODLING. Mr. Chairman, I Each year, according to the AFL– sary. But the $40,000 was not paid back yield myself such time as I may con- CIO, 400,000 women workers suffer inju- to Dr. Abney. sume to again remind everyone that ries from ergonomic hazards. Sixty- Businesses deserve the right to have NIOSH said that an in-depth study nine percent of all workers who suffer scientific data before business does would be very, very beneficial. from carpal tunnel syndrome are what it will do, and that is take care of Mr. Chairman, I yield 2 minutes to women. the best interest of its workers. the gentleman from Nebraska (Mr. Now, everyone has their personal sto- Mr. CLAY. Mr. Chairman, I yield 2 TERRY). ries. A dear aunt of mine who worked minutes to the gentleman from Massa- Mr. TERRY. Mr. Chairman, I rise in as a secretary required surgery in both chusetts (Mr. TIERNEY). support of H.R. 987. Prior to my service wrists to deal with carpal tunnel. I Mr. TIERNEY. Mr. Chairman, I here in the House, I was a trial lawyer have a sister who worked as a meat thank the gentleman for yielding me in Omaha, Nebraska. Now, I know that cutter who because of repetitive mo- this time. is not necessarily a term of endear- tion injury could not do her job any- Earlier, one of our colleagues said ment on this side of the aisle; but it more; and then when she tried to file a this was ready, fire, aim. I think what does give me certain experiences and workers comp claim, the company we really have here is ready, aim, insight into issues such as this because fought her. delay, delay some more, delay forever, as much as 50 percent of my practice That is typical, also. It is not just if we can. was representing people with injuries, the people get injured; it is that they They talked about this being an ef- worker compensation claims. often cannot get help, so they are vic- fort not to prohibit, but it is in fact an I represented many clients who suf- timized further. effort to delay this for up to 2 years. fered from repetitive motion injuries, Besides the physical and emotional They talked about wanting to make the most common of which is to the costs caused by these workplace inju- sure they have all the studies before wrists, known as carpal tunnel syn- ries, there is a huge economic cost. there are some sweeping regulations. drome, and I sympathize with these workers compensation costs of repet- The irony is that their proposed study folks. I have seen it affect people mini- itive motion injuries is $20 billion each August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6915 year. So this, of course, hurts families, the people that they are designed to the National Institute of Occupational but it also hurts businesses in reduced help. Several workers who would be Safety and Health evaluated over 600 of productivity. It cuts business profits. covered under an ergonomics standard those 2,000 studies; and they concluded It increases claims. It increases litiga- make their money based on the number that there is a substantial body of tion. of items they deliver. If we restrict the credible evidence showing the cause This is time for new thinking. We are amount they can officially deliver, the and effects of repetitive motion and in- entering a new millennium. Let us workers themselves lose money. juries in the workplace. have new thinking and let us start by So let us see, where does this leave I am concerned that Members are voting ‘‘no’’ on H.R. 987. us? using the 2-year NAS study as an ex- Mr. GOODLING. Mr. Chairman, I The American taxpayers. They lose cuse to go into a four-corner offense yield 3 minutes to the gentleman from under any new regulation because we and just delay, delay, and delay and Tennessee (Mr. HILLEARY), another are throwing $1 million of their money hope that no rule is every promulgated. member of the committee. away and forcing them to pay higher Quite frankly, I do not understand Mr. HILLEARY. Mr. Chairman, I am prices. why. There are a lot of companies in proud to stand before this House today American business? They lose be- western Wisconsin that are already im- as a cosponsor and strong supporter of cause it will likely cost billions for plementing their only ergonomic H.R. 987, the Workplace Preservation them to comply with these prospective standards in the workplace, one of Act. regulations. which is 3M, one of the largest manu- Do not let some of the opponents of Does the American worker win? No. facturing companies in the Nation, this legislation fool us. They say that Many of them will lose because they three fairly large significant plants are if this legislation passes, workers will will receive less in salary and commis- located in my district. And they are be subject to an endless amount of ill- sions thanks to the new regulations. doing it for two reasons: first, because nesses and workplace injuries. And some of them will lose their jobs they recognize the need for it and, sec- However, they seem to forget that altogether to off-shore labor. ond, because it makes good business Let us protect hard-working Ameri- passage of this bill maintains the sta- sense. tus quo and simply allows the National cans and not establish uncertain ergo- In fact, the chief ergonomics officer Academy of Sciences to complete a nomic standards. for 3M, Tom Alban stated, ‘‘Our experi- study on ergonomics to ensure the I urge a ‘‘yes’’ vote on H.R. 987. Mr. CLAY. Mr. Chairman, may I in- ence has shown that incorporating safety of American workers. quire as to how much time remains on good ergonomics into our manufac- In last year’s omnibus appropriations both sides? turing and administrative process can bill, Congress gave the Clinton admin- The CHAIRMAN. The gentleman be effective in reducing the number of istration almost $1 million to complete and the severity of work-related from Missouri (Mr. CLAY) has 101⁄2 min- this study. That is the law. The Presi- utes remaining. The gentleman from MSDS, which not only benefits our em- dent signed the bill. He agreed to do Pennsylvania (Mr. GOODLING) has 7 ployees but also makes good business this study as a prudent first step. minutes remaining. sense.’’ What I do not understand is why we Mr. CLAY. Mr. Chairman, I yield 3 3M’s evolving ergonomics process has should not wait until the National minutes to the gentleman from Wis- been effective at reducing the impacts Academy of Sciences study comes back consin (Mr. KIND). of these disorders on their employees with that study paid for by Mr. and (Mr. KIND asked and was given per- and their business. Mrs. American taxpayer before we mission to revise and extend his re- From 1993 to 1997, 3M has experienced make a decision on the issue. It is silly marks.) a 50-percent reduction in ergonomics- to throw the American taxpayers’ Mr. KIND. Mr. Chairman, I thank the related OSHA recordables and a 70-per- money down the drain in order to pre- ranking member for yielding to me the cent reduction in ergonomics-related maturely enact a regulation that has time. lost time. I think that is another good been referred to as counterproductive. There has been a lot of reference this reason to vote against this legislation While the administration continues evening in regards to the money appro- tonight. to threaten to enact a regulation on priated last fall in the omnibus appro- I would encourage my colleagues to- ergonomics before a study is com- priations bill for the 2-year NAS study. night to stand up for working families. pleted, I find their actions akin to a While that may be true, the legislative Do what a lot of good businesses are al- doctor delivering a treatment before history behind that was also perfectly ready doing. Allow OSHA to move for- diagnosis. There is no scientific cer- clear. At least it was on this side, and ward on implementing rules on tainty in the causes, the diagnosis, pre- it was with the chairman and ranking ergonomics standards. It makes sense. vention, and correction of workplace member of the Committee on Appro- It makes good business sense. And in injuries, and we should not hastily priations when they wrote to Secretary the long run it is going to help the make rules without having proper sci- Herman a letter in which they stated, working people in this country. entific evidence. ‘‘We are writing to make clear that by Mr. GOODLING. Mr. Chairman, I Meanwhile, the potential impact of funding the NAS study, it is no way yield 3 minutes to the gentlewoman the administration’s regulatory our intent to block or delay issuance from Texas (Ms. GRANGER). scheme could reach into the billions of by OSHA of a proposed rule on Ms. GRANGER. Mr. Chairman, I rise dollars. OSHA estimated the compli- ergonomics.’’ in support of the bipartisan Workplace ance cost within the trucking industry Mr. Chairman, as a member of the Preservation Act. alone at $257 million and $3.5 billion for Committee on Education and the I do so because of a very simple all industries. Private studies have es- Workforce, I rise in opposition to H.R. premise: we cannot prescribe a solution timated that it might cost as much as 987. And let us also be clear that if H.R. until we diagnose the problem. Doctors $6.5 billion. 987 does pass tonight, it will be the know this. In fact, every day they ex- Now, who is going to pay for this ad- fourth time in 5 years in which this amine patients’ symptoms hoping to ditional cost? Consumers? Businesses, Congress was able to effectively block discover the underlying disease. But no of course, will pass on this new cost to any movement, any progress, on doctor will ever order a specific medi- those who purchase products. So not issuing ergonomics rules from the De- cation until he or she is satisfied the only are we throwing away the $1 mil- partment of Labor and OSHA. actual sickness has been discovered. lion the taxpayers give us, but we are Proponents of the legislation claim Mr. Chairman, I believe it would also telling them that they would have that there is not enough science to jus- serve us well to remember this analogy to pay more in order to provide food tify moving forward. This, however, is as we consider this issue. Workplace in- and other items for their families. an issue that has been studied to death, juries is a serious matter. There is no Another claim my colleagues may over 2,000 studies exist examining question this issue is an important hear is that ergonomics regulations ergonomics. concern to millions of Americans. But will help the American worker. Yet, As my friend from Massachusetts there are a great many questions as to these regulations also alarm many of (Mr. TIERNEY) already indicated, in 1997 the cause and effect of ergonomics. H6916 CONGRESSIONAL RECORD — HOUSE August 3, 1999 In fact, over the last few years, many lationship between ergonomic prob- again. If they have musculoskeletal of the country’s leading physicians and lems and the onset of these disorders. pain, the question then would be, what researchers on injuries of hand, back, The American College of Occupa- caused it? Is there a direct correlation and upper extremities have testified tional and Environmental Medicine has between that motion and the pain? Is before Congress that the causes and confirmed that there is adequate sci- that pain being caused by knitting impact of these disorders are not easy entific foundation for the OSHA to pro- every night or is that pain being to discern. ceed. caused by working every day? Are they caused by too much typing Since 1995, we have seen one request Never fear, OSHA is here. OSHA is an on a computer or too many hours in after another for a delay. The Depart- agency that is incompetent in writing front of a scanner? We do not know. ment of Labor is prepared to issue these standards. OSHA cops are incom- But we need to know, and we are trying these standards. We need the standards petent in regulating people on this sub- to find out. to prevent injuries. ject. The business community, it is That is why last year Congress appro- It is incomprehensible why an indus- true, is working very, very hard to try priated $890,000 for the National Acad- try that is suffering from $20 billion of to make the workplace an easier place, emy of Sciences to conduct a study of losses because of these injuries is still in lifting, in turning, in twisting, in all the available scientific literature seeking to block the issuance of stand- doing the same repetitive motion all examining the cause-and-effect rela- ards which could save these injuries day. They frankly are doing a pretty tionship between repetitive task and and in fact keep the workers at the good job. Why is OSHA wanting to reg- physical pain. The study is scheduled workplace producing the goods, pro- ulate that? Well, it is an agency that to be concluded by the middle of the ducing the values that these industries likes to regulate. They are trying their year 2001. fully need. best to give themselves something else Yet, amazingly, in a March hearing b 1945 to do. We all know agencies up here before the Subcommittee on Workforce spend a lot of the taxpayers’ money Protections, the Assistant Secretary of I hope that this bill will be defeated getting studies to say exactly what the Office of Health and Safety Admin- and that the workers’ safety will come they want to say. What the doctors and istration vowed that issuing an ergo- first. scientists tell us is that they do not nomic standard was the agency’s top Mr. GOODLING. Mr. Chairman, I know for sure. There is not a direct priority for this year. yield 3 minutes to the distinguished correlation. OSHA, of course, tells us it Mr. Chairman, I urge my colleagues gentleman from Georgia (Mr. NOR- is very sure, that it knows, and it is not to confuse motion with action. I WOOD), a member of the committee. sure they know what to do. am afraid that is exactly what the Of- Mr. NORWOOD. I thank the gen- Mr. Chairman, we should absolutely fice of Health and Safety Administra- tleman very much for yielding me this wait until this study is complete. Use tion is about to do. time. good science. Congress had it right last fall. Let us Mr. Chairman, I rise today in strong Mr. CLAY, Mr. Chairman, I yield 11⁄2 take our time and let us do it right. support of H.R. 987, the Workplace minutes to the gentlewoman from Cali- Let us put science before politics, and Preservation Act, and I commend the fornia (Ms. SANCHEZ). let us determine exactly what the prob- gentleman from Missouri (Mr. BLUNT) Ms. SANCHEZ. Mr. Chairman, I want lem is before we prescribe the solution. for pushing this bill. to thank the ranking member for yield- I hope all of my colleagues will sup- The purpose of this bill is pretty ing me this time. port this common sense bill, which clear and I think very compelling. It American workers should not have to simply requires the Secretary of Labor requires the Secretary of Labor to hold wait for OSHA to proceed with its ergo- to wait for the National Academy of off before issuing standards or regula- nomic standards. In fact, 16 years ago Sciences to complete their study before tions on ergonomics until the National while an MBA student, we as future it issues any new regulations. Academy of Sciences completes a study employees and employers were study- Is this too much to ask? After all, is on the actual cause of ergonomic inju- ing ergonomic standards and what to this not what we expect when we do see ries. do in the work area. This is not new. our doctors? Why should we expect our This Congress has spent nearly $1 Scientists and researchers have docu- Congress to do anything less? million to determine with some degree mented over and over again that mus- Mr. Chairman, let us get our facts of accuracy just what is the status of culoskeletal disorders, or MSDs, are re- straight before we legislate. Let us medical science with respect to the di- lated to workplace risk factors. These pause before we determine a cause. I agnosis and the classification of disorders affect people of all types of urge my colleagues to support this bi- ergonomics problems. Why in the world occupations, laborers, nurses, account- partisan bill. OSHA would want to proceed before we ants, and many of us here know about Mr. CLAY. Mr. Chairman, I yield 11⁄2 have a good understanding of this is the injuries personally. minutes to the gentlewoman from Ha- frankly beyond me. I do not know how For example, my first job in high waii (Mrs. MINK). many hearings over the last 3 years I school was scooping ice cream 20 hours Mrs. MINK of Hawaii. Mr. Chairman, have sat through where scientists and a week, 6 years. That job involved the I thank the ranking member for yield- doctors have come before us and testi- same motion over and over and over ing me the time. fied they do not know or understand again 20 hours a week. I still have prob- Mr. Chairman, I rise in strong opposi- the cause-and-effect relationship be- lems with one of my wrists today. tion to the passage of H.R. 987, the tween work activities and musculo- It is estimated that every year, over Workplace Preservation Act. It is skeletal disorders. 600,000 workers suffer from work-re- merely another delaying tactic. We Now, what is ergonomics? It is sim- lated MSDs. For many workers, these have seen this every year when this ply a repetitive motion syndrome. If injuries are debilitating, causing con- matter comes up. you take two people and both of them stant and intense pain. It is estimated H.R. 987 requires the Secretary of work and in their work they move that these work-related injuries cost Labor to wait for the completion of an- their hand like this all day in doing employers between $15 and $20 billion a other National Academy of Science their job, that is in fact repetitive mo- year in workers’ compensation. study. We have had many studies. This tion. The question may be, will one of We need to allow OSHA to proceed delay is simply not supportable by the them have a carpal tunnel, will one of with its ergonomic standards. I ask evidence. Scientific literature sup- them have a musculoskeletal pain? If that my colleagues vote ‘‘no’’ on this ported by safety experts already shows that is the case, why does one have it bill. that the workplace factors cause mus- and not the other? We do not under- Mr. CLAY. Mr. Chairman, I yield 2 culoskeletal disorders. stand that. Medicine does not under- minutes to the gentleman from Indiana The National Academy of Sciences stand why one does and one does not. (Mr. ROEMER). and National Institute for Occupa- In addition to that, one of those two (Mr. ROEMER asked and was given tional Safety and Environmental Medi- people may go home at night and knit permission to revise and extend his re- cine have clearly demonstrated the re- and they use that motion over and over marks.) August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6917 Mr. ROEMER. Mr. Chairman, we all and early 1970s about unleaded gaso- workplace. Vote ‘‘yes’’ on this legisla- know in Congress and throughout the line. There was a proposal to have a tion. country that smoking is bad for you Federal law that would eventually bar Mr. PAYNE. Mr. Chairman, the implication and that cigarettes can do great harm the use of leaded gasoline by making us of the so-called ``Workplace Preservation Act'' to your health and possibly kill you. make cars that could not use it. We is clearÐpassage of this bill will do nothing We also know that repetitive stress dis- were told at that time it would be the more than unnecessarily delay the adoption of orders and ergonomics hurt, harm, put end of the auto industry, the end of the a standard for ergonomics in the workplace. people out of work to the number of gasoline industry, it would cripple do- As a matter of fact, the only thing preserved 600,000 people a year. mestic producers of automobiles. It by H.R. 987 is the employers' ability to further Now, we did not wait with cigarettes would raise costs. It would be a dis- exploit the hard-working American laborer. to identify every carcinogenic agent aster. But we went forward and did it, Since 1990 the number of workers that have before we finally said, ‘‘We are going to anyway. suffered from MSDs totals over 5 million peo- do something about cigarettes.’’ We What happened? The marketplace re- ple. Adoption of this bill won't do anything to have had 2,000 studies on ergonomics sponded. People throughout American help our workforce, rather it would only ensure and what they do to people to harm industry built a better mousetrap. The that another 1 million workers will suffer the them doing the same thing over and amount of ambient lead in our air same fate. And as if these 5 million injured over in the workplace. We need to now dropped dramatically and so did the workers isn't enough evidence that something act. That is why people in our home price of gasoline, in real terms. has to be done, we have studies from the Na- States send us here. I believe here as well, if we set a tional Institute of Occupational Safety and Now, who supports this kind of ac- clear standard that says you shall pro- Health and the National Academy of Sciences tion? I have a press release here from tect your workers from repetitive that conclude that musculoskeletal disorders the Secretary of Labor: stress syndrome, it will say to a whole can be reduced and prevented through ergo- ‘‘These painful and sometimes crip- class of inventors and entrepreneurs nomic intervention in the workplace. pling illnesses now make up 48 percent and good businesspeople, there is profit The evidence is comprehensive and clear of all recordable industrial workplace in finding ways to do that. Different this request for more research is a weak at- illnesses. We must do our utmost to kind of chairs, different kind of tempt to stall the adoption of safe ergonomic protect workers from these hazards not screens, different kind of keyboards on conditions for our hard-working laborers. We only in the red meat industry but all computers. The market will respond. already know what must be done to provide U.S. industries.’’ Secretary Reich? No. Trust the market. Let entrepreneurs our workforce with safe working conditions Secretary Herman? No. That is dated get to work in finding safer working and we therefore owe it to every American August 30, 1990. That is Secretary Eliz- conditions to help workers stay safer. worker to vote against this bill, H.R. 987. Mr. HOLT. Mr. Chairman, I oppose H.R. abeth Dole. Secretary Elizabeth Dole. Mr. Chairman, this is going to be a 987, the Workplace Preservation Act. Now, who else supports this on very close vote. I would urge Members The human body is a complicated machine. science that we need to act and act to consider the merits and reject this There is a lot we are still learning about the now? Well, the list goes on and on. The bill. body, how it works, and how to protect it. Far Mr. GOODLING. Mr. Chairman, I American College of Occupational and be it for me as a scientist to say that we yield myself the balance of my time. Environmental Medicine, a pretty rep- should avoid studies to get the facts. I expect, The CHAIRMAN. The gentleman utable organization. The National Ad- in fact, that we will learn a lot about the from Pennsylvania is recognized for 11⁄2 visory Committee on Occupational human body and how to take care of it in the minutes. Safety and Health. I would go with workplace for decades to come. them. The National Academy of Mr. GOODLING. Mr. Chairman, two But several of my colleagues here have Sciences. Those are pretty good organi- quick observations: One, OPEC has a talked about the unpredictability of workplace zations, Mr. Chairman. lot to say about the price of gasoline. injuries. They may not be sure why they have When you have businesses like Intel Secondly, they always say if you are back problems or other injuries. Well, in fact and Chrysler and 3M and Ford Motor going to get a campaign, you have to that is the point. Because the human body is Company out there doing this in the get to be known. Elizabeth could not so complicated, in many cases, it is difficult to workplace, we need to act now. have paid for any more attention than determine the cause of an individual musculo- Mr. CLAY. Mr. Chairman, I yield 21⁄2 she got this evening. She certainly is skeletal disorder. minutes to the gentleman from New known all over the country, if she was If we could identify the cause of injury in Jersey (Mr. ANDREWS). not before, after this debate and I am each case, we could rely on the employer's al- (Mr. ANDREWS asked and was given sure she thanks all of you for giving truism or self-interest or worker's comp find- permission to revise and extend his re- her that great opportunity this ings or even the threat of a lawsuit to see that marks.) evening. each individual threatening situation was taken Mr. ANDREWS. Mr. Chairman, I Let me again say that so many times care of. But it is in just such circumstances thank the gentleman for yielding me we rush into things, so many times we where we have statistical evidence about this this time. I rise in strong opposition to do legislation, so many times we pro- complicated machine that we need the kind of this bill. mulgate regulation without any sci- general regulations and protections that OSHA There is something attractive about entific knowledge as to will this help provides. We want to continue the effort to ob- the argument that we should just wait the people we are trying to help or will tain the best evidence, but that is not a reason and listen for more science. But that it not? to delay providing guidelines. was the argument that was made prior Last October, 333 Members of this There is now concrete evidence. There are to 1990 when Secretary of Labor Eliza- House of Representatives, the Senate, clear relationships between occupational as- beth Dole said, ‘‘It’s time to do this.’’ the President said, ‘‘We believe that signments and musculoskeletal injuries. See And that was the argument that was the National Academy of Sciences the National Research Council, National Acad- made prior to 1992 and Secretary of should do an in-depth study so that emy report and the NIOSH report. There are Labor Lynn Martin said, ‘‘No, it’s time when we regulate, we regulate to help, clear techniques and equipment for reducing to do this.’’ not regulate to harm.’’ They also said injury or, as the National Academy says, spe- Mr. Chairman, this is not about more at that time, we should pay $800,000 of cific interventions. science or when we do this because, I taxpayers’ money to do it. All we say Ergonomic guidelines are not antibusiness. assure you, there will be another at- now is, ‘‘Let’s see what they say,’’ so There are hundreds of outstanding businesses tempt later on to stop this regulation. that we do it. Let us not regulate and around the country that are working on ergo- This debate is about the merits of this then see that we have caused more nomic solutions and applying ergonomic rem- regulation. I would ask my Republican problems than we have cured. Let us edies. There is an industry total of something friends, Mr. Chairman, to think about regulate with the scientific knowledge like $20 billion a year lost due to ergonomic doing what comes naturally to them before the regulations are written. injuries. And we have to remember there are and, that is, trusting the marketplace. Again, I would ask all to vote in hundreds of thousands of people who are not This regulation reminds me of the favor of the legislation and try to help able to pick up and hug their children due to furor that took place in the late 1960s those that we want to protect in the ergonomic injuries. H6918 CONGRESSIONAL RECORD — HOUSE August 3, 1999

So what we need, of course, are good stud- ever, I do not believe we are moving forward man BOB LIVINGSTON and Ranking Democrat ies and good facts, and I hope we will con- to prevent work place injuries by initiating DAVID OBEY assured Labor Secretary Alexis tinue to get them. But we have now enough rules that may not even address the problem. Herman in a letter that ``by funding the NAS knowledge about specific interventions in the I urge my colleagues to support the further ex- study, it is in no way our intent to block or workplace that will help reduce this cost to our amination of these regulations by voting in delay issuance by OSHA of a proposed rule economy and, more important, will reduce this favor of H.R. 987. on ergonomics.'' harm and pain and suffering to individuals. We Mr. STARK. Mr. Chairman, I oppose H.R. Unfortunately, nine months later, the Repub- don't need political delay. 987, the Workplace Preservation Act. licans have broken their promise. This bill re- Congress should vote against H.R. 987. This legislation would prevent the Occupa- quires OSHA to delay its work until yet an- Mrs. MINK of Hawaii. Mr. Chairman, I rise to tional Safety and Health Administration other government study is concluded. The express my opposition to the passage of H.R. (OSHA) from promulgating a desperately facts are clearÐproviding guidance to employ- 987, the Workplace Preservation Act. needed rule on ergonomics. H.R. 987 will ers and employees on ergonomics will prevent H.R. 987 requires the Secretary of Labor to needlessly subject hundreds of thousands of tens of thousands of injuries, alleviate consid- wait for completion of a National Academy of workers to occupational injuries while yet an- erable human suffering, and save billions of Sciences study before issuing regulations cre- other study is completed. dollars. ating standards or guidelines for ergonomics Repetitive injuries are one of the leading We should not have to wait for completion in the workplace. causes of work-related illness. More than of yet another study to tell us what we already This delay is unnecessary. Scientific lit- 647,000 Americans suffer serious injuries and know. We must defeat H.R. 987. I urge my erature supported by safety and health experts illnesses due to musculoskeletal disorders, colleagues to join me in opposing H.R. 987. already shows that workplace factors cause costing businesses $15 to $20 billion annually The CHAIRMAN. All time for general musculoskeletal disorders. The National Acad- in workers' compensation costs. Total costs of debate has expired. emy of Sciences and National Institute for Oc- these injuries are estimated at $60 billion a Pursuant to the rule, the bill shall be cupational Safety and Environmental Medicine year. considered for amendment under the 5- have clearly demonstrated a relationship be- Ergonomics is the science of fitting the job minute rule for 2 hours and is consid- tween ergonomic problems and the onset of physically to a workerÐfor example, by alter- ered read. musculoskeletal disorders. ing chairs, adjusting the speed of an assembly The text of H.R. 987 is as follows: The American College of Occupational and line, or using special braces to ease back H.R. 987 Environmental Medicine has confirmed that strain from lifting heavy loads. A federal Be it enacted by the Senate and House of ``there is an adequate scientific foundation for ergonomics standard is needed to protect Representatives of the United States of America OSHA to proceed . . . and no reason for American workers from those organizations in Congress assembled, OSHA to delay the rulemaking process while who refuse to protect their employees. Unfor- SECTION 1. SHORT TITLE. the National Academy of Science panel con- tunately, the majority leadership would rather This Act may be cited as the ‘‘Workplace ducts its review.'' kowtow to industry and delay promulgation of Preservation Act’’. Duplicative studies are doing nothing to pre- an inevitable standard. SEC. 2. FINDINGS. vent injuries already being suffered by millions For the past several years, OSHA has been (a) Congress finds the following: of workers in all sectors of society: nurses, working toward the implementation of a regu- (1) The Department of Labor, Occupational meatpackers, cashiers, computer users, and lation designed to reduce workplace injuries Safety and Health Administration (OSHA) construction workers. Since 1995 the imple- attributable to ergonomic factors in the work- has announced that it plans to propose regu- mentation of ergonomic guidelines have been place. OSHA has advanced a draft proposal lations during 1999 to regulate ‘‘ergonomics’’ repeatedly blocked, and this opposition has re- that would provide an urgently needed health in the workplace. A draft of OSHA’s ergonomics regulation became available in sulted in over 6 million workers suffering pre- and safety standard for working Americans. January 1999. ventable injuries. Workers' compensation The proposal draws from the businesses that (2) A July, 1997, report by the National In- costs have totaled $20 billion annually. have successfully prevented ergonomic inju- stitute for Occupational Safety and Health Further delay will be even more costly to in- ries or reduced their severity in the workplace. (NIOSH) reviewing epidemiological studies dustries as well as to workers. Clearly, we The issue of ergonomics and its impact on that have been conducted of ‘‘work related cannot afford to wait any longer for the workplace injuries has been studied. It has musculoskeletal disorders of the neck, upper issuance of workplace standards on been documented that ergonomics prevent extremity, and low back’’ showed that there ergonomics. workplace injuries. For example, in 1997, the is insufficient evidence to assess the level of risk to workers from repetitive motions. For the health and safety of America's work- National Institute of Occupational Safety and Such characterization would be necessary to ers, I urge my colleagues to vote against the Health produced a study demonstrating the write an efficient and effective regulation. passage of H.R. 987. validity of the science underlying an (3) An August 1998, workshop on ‘‘work re- Mr. PACKARD. Mr. Chairman, I would like ergonomics standard. A 1998 review by the lated musculoskeletal injuries’’ held by the to express my support for H.R. 987, The National Academy of Sciences also found that National Academy of Sciences also reviewed Workplace Preservation Act. This legislation musculoskeletal disorders in workers are existing research on musculoskeletal dis- will block proposed OSHA rules regarding caused by ergonomic hazards in the work- orders. It also showed that there is insuffi- ergonomic injuries until a scientific study com- place. cient evidence to assess the level of risk to paring work place conditions and repetitive A nursing home in Maine implemented workers from repetitive motions. (4) The risk of OSHA imposing a ‘‘solu- stress injuries is complete. ergonomics changes in the workplace. The tion’’ to ailments and disorders that are It is estimated that if the OSHA rules are put nursing home cut their number of lost work- grouped as ‘‘repetitive stress injuries’’ and into effect, it could cost American businesses days from 573 in 1991 to 12 in 1996 by in- ‘‘musculoskeletal disorders’’ before suffi- an extra $3.5 billion per year. H.R. 987 simply vesting $60,000 on patient lifting devices and cient information about the diagnosis, allows for the completion of the study by the instituting a policy banning the lifting of pa- causes, and prevention of such injuries and National Academy of Sciences, which is ex- tients unless there was more than one worker disorders is shown by the fact that such dis- pected in the next year, to discover if in fact present to assist. This saved the employer orders have often increased in workplaces there is a link between repetitive stress inju- more than $730,000 annually in workers' com- and industries in which OSHA has focused ergonomics-related enforcement actions ries and work conditions. Completing this pensation premiums as a result of this policy. under the General Duty Clause of the Occu- study before implementing this costly regula- This nursing home provides a clear example pational Safety and Health Act, while such tion is simply common sense. of the potential benefits of a uniform disorders have been decreasing in workplaces The fact is, these regulations could cost our ergonomics standard. generally. country billions of dollars without guaranteeing Despite the multiple studies already com- (5) In October, 1998, Congress and the Presi- the prevention of a single injury. Small busi- pleted, the FY 1999 Labor, Health and Human dent agreed upon a comprehensive study by ness is the engine which drives our economy. Services Appropriations Act provided the National Academy of Science of the med- We owe more to small business owners than $890,000 for the National Academy of ical and scientific evidence regarding musculoskeletal disorders. The study is intended to blindly allow implementation of these poten- Sciences (NAS) to review the scientific lit- to evaluate the basic questions about diag- tially devastating regulations. We must correct erature on the issue of work-related musculo- nosis and causes of such disorders. Given the this proposed federal rule. skeletal disorders. The study was expected to level of uncertainty and dispute about these Mr. Chairman, I agree American workers take at least 24 months to complete. However, basic questions, and Congress’ intention that should have the best working conditions. How- on October 19, 19998, Appropriations Chair- they be addressed in a comprehensive study August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6919 by the National Academy of Science, it is b 2000 Mr. Chairman, tonight, as we con- premature for OSHA to decide that a regula- sider this bill, I think it is important tion on ergonomics is necessary or appro- In fact, if this study is completed, and I hope it is, and I think it will give that we consider the consequences that priate to improving workers’ health and the bill will have. I think it is inter- safety before such study is completed. us valuable information, it would sup- (6) The estimated costs of OSHA’s proposed plement what is already there. esting that the bill is called the Work- ergonomics regulation range from OSHA’s By the way, in 1998 I think the gen- place Protection Act, and I would just low national estimate of $20,000,000,000 to tleman from New York (Mr. OWENS) like to point out that maybe what we some single industry costs of $18,000,000,000 put it poignantly. In 1996 there was a are really doing by passing this bill is to $30,000,000,000. Any regulation with this study. Again in 1998, the year we passed protecting the jobs that we have in the potential impact on the Nation’s economy this bill, there was a study that showed workplace today. merits a sound scientific and medical foun- The truth is that we all know that we dation. a direct relationship, a cause factor, between the illness suffered and the re- are in an international competition in SEC. 3. DELAY OF STANDARD OR GUIDELINE. that we are working hard to make sure The Secretary of Labor, acting through the petitive motion. Occupational Safety and Health Administra- So there is not any question that in- that our jobs stay here in the United tion, may not promulgate or issue any stand- deed there is evidence, scientific evi- States, and so every time we consider ard or guideline on ergonomics until the Na- dence. the costs that are involved in jobs, we tional Academy of Sciences— Now do we need more studies? Of have to consider that what government (1) completes a peer-reviewed scientific course we do. Even after the next study does may create such high costs that study of the available evidence examining a is completed, if we are true to trying to we drive additional good jobs, good jobs cause and effect relationship between repet- relieve this illness, we will always have for working men and women, overseas. itive tasks in the workplace and musculo- to do diligent, frugal and always doing As we look at workers compensation, skeletal disorders or repetitive stress inju- it is a very delicate balance that we ries; and the kind of research that will allow us (2) submits to Congress a report setting to gain the best scientific method. have designed the workers compensa- forth the findings resulting from such study. I say we should really be about pro- tion program for. We are trying to bal- The CHAIRMAN. During consider- tecting our workers with the current ance the very important aspect of pro- ation of the bill for amendment, the science we have now as we seek addi- tecting workers who are injured on the Chair may accord priority in recogni- tional science. They are not in con- job, to provide for their medical ex- tion to a Member offering an amend- tradiction with each other. This is only penses, to pay them a portion of their ment that he has printed in the des- a stalling tactic, to use it as a reason missed wages and to help them get ignated place in the CONGRESSIONAL to do nothing. We should not see this back to work as quickly as they pos- RECORD. Those amendments will be as a reason to stall; we should see this sibly can. considered read. as a reason to look forward for addi- At the same time we are eager not to The Chairman of the Committee of tional information that gives us addi- just write a blank check because the the Whole may postpone a request for a tional ways in which we can respond to Congress does not write the blank recorded vote on any amendment and the workers. check; the workplace writes the check may reduce to a minimum of 5 minutes So I urge our colleagues to under- for paying for these workers’ costs, and the time for voting on any postponed stand that this study completion does so if we drive workers compensation question that immediately follows an- not deny and should not prevent us costs higher and higher, if we begin to other vote, provided that the time for from having enough scientific data to incur a super amount of costs that voting on the first question shall be a go into the workplace and say we need have not been paid for in the past, minimum of 15 minutes. to raise these standards, and if we get what we really do is encourage our Are there any amendments to the additional information, as I hope we companies to finally realize that, if bill? will, we will have the courage again to they are going to compete internation- Mrs. CLAYTON. Mr. Chairman, I say that we need to refine that. ally, that they are going to have to move to strike the last word. Consider also there are already com- move these workplaces overseas in (Mrs. CLAYTON asked and was given panies not waiting for these studies. order to avoid an absolutely permission to revise and extend her re- They are doing it on their own. Why? unassumable cost. marks.) Because they want to protect their Mr. Chairman, we know that the Mrs. CLAYTON. Mr. Chairman, I rise workers. They also want to have a human body wears out. All of us that to speak in strong opposition against more productive workforce. have moms and dads know today that the Workplace Preservation Act. I do In my district alone, I know many of they are getting hip replacements; that with recognition that what we did the workers compensation claims I get they are getting knee replacement op- in the appropriation bill last time from workers are related to repeated erations. As my colleagues know, I my- when we indeed funded $890,000 for a motion, and those people are suffering self after fixing dinner for years for a study to be completed by the National severely. They are not producing for family of 6 children find that slicing up Academy of Sciences was the right their workers, and they are certainly food has caused my thumb joint to thing to do. not producing for themselves. wear out. The fact is who can say Mr. Chairman, I think the question So this bill needs to be defeated. It is whether it is that or the fact that I sit is, why is this bill needed? Why is this flawed in its logic, and it is only a at a desk now and write that has act needed? Assuming the very best in- stalling tactic that should be recog- caused that thumb joint to wear out. tention, the sponsors of this bill say nized for what it is. We should be pro- So, Mr. Chairman, before we enact this act is needed because we have a tecting the workers with the clear, sci- huge new costs on the workplace, a study that is in progress, a study that entific data we have in hand, and there workplace that might steal away our indeed would give us additional sci- is sufficient scientific data to know. best jobs, we ought to have the science entific information as to how best to In fact, I heard one of my colleagues to figure out whether or not these are respond to the illness caused by repet- say that there have been thousands of work induced, what we can do to pre- itive motion. I support that study. I studies, and this is not something new. vent them and make sure that we do think we ought to go forward and com- This is something that will be evolving not create an enormous cost that take plete that study. as we go forward, and to use this as a away our good jobs. But that reason is so faulty on its tactic to not do anything clearly is As my colleagues know, the truth is premise. Why delay the issuing of high- seen by the workers as a way of not re- today that Congress could pass workers er standards before you get that? You specting their rights, and I think we do compensation laws that would cover do not do that with cancer, you do not a dishonor. everything. We could cover employees do that with AIDS, you do not do that We indeed support this. I urge a de- that get sick and miss a day because with any other illness. You work with feat of the Workplace Preservation they caught a cold or caught a virus or the scientific knowledge you have, be- Act. the flu at work. We could cover every- cause you want to alleviate the illness Mrs. NORTHUP. Mr. Chairman, I thing for our workers, and all of us who there may be. move to strike the last word. care about workers would like to do H6920 CONGRESSIONAL RECORD — HOUSE August 3, 1999 that. But if in doing that we caused this, that we can keep people on the dealt with that can reduce the cost to some of our best jobs to leave this job where they can remain productive. the employer, can reduce the cost in country so that they could continue to Now to listen to the Republican argu- the workplace and reduce health care be competitive, we would create the ment here simply we must suspend re- costs. worst for our workers. ality, we must suspend the reality of That is why it is so urgent that we Secondly, the effect we have is that what every Member of Congress experi- not pass this legislation which is an at- we supersede all State laws here. What ences when they fly back to their dis- tempt to obstruct the imposition of we do is we not only say this is a new tricts, and that is the number of flight this rule, because this is a rule that standard, not only do we say this has attendants and others who are working workers deserve. This is a rule that to be prevented, but we say all workers on the airplane, delivering meals, tak- workers need, that their families need who have an injury and suffer an injury ing care of us while we are there, who if they are going to be able to continue get super benefits over and above any are wearing wrist braces, elbow braces, to be gainfully employed. other benefits that are established in tendon braces, all the rest of it because The evidence is clear, the science is State laws today. of repetitive motion. The redesign of clear, the health is clear on this meas- We would say they get a hundred per- the carts on the airplanes because of ure, and the time has come, the time cent of their weekly pay; we say that repetitive motion, the baggage han- has come to implement this rule. this has to continue for 6 months, and dlers and others because of repetitive We have had statements before from so all the State programs right now motion who are wearing belts and back the Committee on Appropriations, as I that are designed in a way to help the supports and all those kinds of activi- was saying, that the effort was not to worker and the employer have the in- ties because of repetitive motion be- delay this. We now see that this is an centive to get the worker back to work cause they understand that if they do effort to delay this because the Repub- so that they can have the best resolu- not do that, they are going to end up licans believe somehow that if they win tion of this and they can have the op- disabled, they are going to end up with the election, they can cut a better deal portunity to get back to work, all of health care costs, and they are going to 18 months from now. Well, the better that is lost. end up out of work, and their employer deal is not for the American workers. It creates an incentive for every understands that. It may be for the Republican Party, worker, no matter what the particular Suspend reality when going into the but it is not for the workers. cause is, to see to it that their injury Home Depot, suspend reality when This rule ought to be implemented, it would fall under the repetitive motion going into the Price Club or into ought to go into force and effect, and scheme so that they would get more Costco where we see people engaged in we ought to start protecting. We ought than anybody else in their workplace repetitive motion, who are wearing the to start protecting working men and that would have an injury under any kinds of preventive apparatus on their women in this country who exhibit to other scheme. We take away all of the backs, on their arms and the rest of it us every day in the crafts and the ways that workers compensation has so that they will not lose the working trades and in the occupations in which been designed to fairly meet workers’ hours; they will not lose that kind of they are employed at, the need for this needs and workers’ compensations for income. Again, their employers under- rule because of the damage that is done injuries and instead drive everybody stand that, their insurers understand to them. This damage is evident on its into this new super-sized scheme for that, and they require that to be part face, and that is why we ought to deal paying for injuries. of the workplace. with this rule. I am sorry tonight that this debate Mr. Chairman, that is what this leg- Mr. DELAY. Mr. Chairman, I move to has been framed as a debate about pro islation is really about. It is about the strike the last word. workers or against workers because I recognition of the reality of the work- Mr. Chairman, I rise in support of believe that everybody here in this place and what we can now do, what we this bill. I think OSHA should not be Congress wants workers to have the have the ability to do, and what we trying to tie down American businesses best. They want our American workers know from a medical/scientific stand- and the American worker with regula- to have their good jobs, and they want point will help prevent these kinds of tions based on potentially unsound them to stay in this country, and they injuries, injuries that plague hundreds science. want the workers compensation to be of thousands of workers a year who are b 2015 affordable. disabled and lose income, employers Let us vote yes on this bill and con- who lose the productivity of those The gentleman from California said tinue this. workers, who have to train and retrain we should be doing what is right. Well, Mr. GEORGE MILLER of California. new people, who have to go out and Mr. Chairman, how does he know what Mr. Chairman, I move to strike the last find replacements for those individ- is right, because what we are wanting word. uals. That is what this legislation is is a study, a pure scientific study, not I rise in opposition to this legisla- about. It is not about one more study. some conjecture, not something that tion. I appreciate the speech just given We have peer reviewed the evidence has been cooked up by some politico by the gentlewoman, except this is a here until we are blue in the face. We sitting over in OSHA or the Depart- little different than the problem she have provided the studies, and it has ment of Labor, real science. outlined. This is about preventing the been going on and on and on. The gentleman listed all kinds of injuries to those workers. This is about As somebody mentioned earlier, it wonderful things that are happening the fact that if we do this right, those was originally Elizabeth Dole who said for the workers out there. Most of what workers will not have to go on workers the time has come now to deal with is happening, in order to work with re- comp, their employers will not have to this problem because of the injuries petitive action, is happening within the pay their health costs, they will not that were occurring in the workplace. marketplace without regulations. have to pay their compensation costs, We see this being responded to where I am not saying we should not regu- and people can stay on the job, and we redesign keyboards or structuring late, but we should know what we are they can feed their families and pro- for the keyboard that will not induce doing and have a study and rely on vide the wherewithal for their children. the kind of pain for people who have to these studies in order to know what we That is what this legislation is about. work at it all the time at the checkout are doing, because if we do not, we end To suggest somehow that what we counters in the supermarket. We are up costing these same workers their need is one more study, we need good redesigning the checkout counter so jobs. science. The opposition to this legisla- that people, the clerks there, will not Last fall, President Clinton agreed tion is not about good science; it is not suffer these kinds of injuries to their with this Congress to authorize a study about one more study. It is about a flat arms and to their elbows as they do by the National Academy of Sciences out opposition to the imposition of their job. to determine whether there is a need these rules and regulations to try to So that is the kind of recognition for some ergonomic regulation. I guess protect workers from musculoskeletal that we are looking for; that is the to the President and his OSHA, that syndrome, and the purpose of that is kind of remedial activities that can be agreement with this Congress is no August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6921 good anymore, that his word is no good that science does not say what they workers. So we do not need further anymore. wanted to hear, then they demand studies. Employers and employees will This study will be done in a year or more studies, and that is exactly what not benefit from further studies, but so. Despite this sincere effort to guar- is happening right now. We know it, they will benefit from ergonomic antee that regulations are at least they know it, and it is not going to standards. based on sound science, OSHA has de- work. We can only delay this so long. We already have sound science re- cided that it does not want to wait for Mr. Chairman, before I came to Con- garding the problems caused by repet- the scientific findings. Why, do you gress I was a human resources profes- itive motion. The problem, I said it be- ask, do they not want to wait? It is sional in the electronics manufac- fore and I will say it again, the prob- amazing to me that the workers or the turing industry. That was back in the lem appears to be when the Republican unions would be against this bill be- seventies when I first went into that majority disagrees with science, they cause it is to the benefit of the workers business. And at that time, we under- insist on more studies. The problem to do what is right and what science stood the problems that were caused by really should be to put together ergo- dictates. related stress injuries. In fact, it was nomic standards to prevent injury in No, this is a political move by Wash- trendy to take care of our employees the workplace, to make the workplace ington union bosses in order to control and find solutions when we had carpal safe for our employees, and this bill, the marketplace. That is all this is tunnel syndrome on our assembly H.R. 987, is an inexcusable delay tactic. about. It has nothing to do with pro- floor. This delay tactic benefits no one. It tecting the workers, because if they In fact, the company I worked for does not benefit business, and it cer- truly wanted to protect the workers, began to see a large number of repeated tainly does not benefit workers. I they would want to do it based on stress injuries. And when we figured would urge my colleagues to oppose sound science. out that the problems were occurring H.R. 987, because a vote against H.R. OSHA wants to regulate as much as with one group of workers, we realized 987 is a vote for workers. it can as soon as possible, and they are that our printed circuit board assem- Mr. PORTER. Mr. Chairman, I move planning to do so, in direct contradic- blers were using the same motions re- to strike the last word. Mr. Chairman, I rise in strong sup- tion to the will of this body. peatedly in order to do their job as effi- port of this legislation. First, I want to Mr. Chairman, burdensome regula- ciently as possible but in inserting commend the gentleman from Missouri tions already hinder American busi- electronic components into printed cir- (Mr. BLUNT) and the Committee on nesses and American workers. Too cuit boards, they were causing them- Education and Workforce, the proper many of these regulations are out- selves carpal tunnel syndrome. The committee of jurisdiction on this issue, dated, they have been unnecessarily company was causing it without know- for advancing through the normal proc- oppressive or they are just simply ing it. ess this legislation to address based on trendy but unproven scientific In fact, what happened was in hand- ergonomics. theories of the moment. inserting components into printed cir- This is an issue that we have exam- It is amazing, when the bureaucrats cuit boards, one of the components was ined in Appropriations Committee have taken this approach, and many just not going in smoothly, and it was hearings in recent years, and it is an times are proven to be embarrassed by the same component over and over, and issue of major concern to both employ- the approach that they take because in workers had to use their thumb to push ers and employees. Indeed, through fis- actual practice, the regulations are un- that component into the board. cal year 1998, we carried a provision in dermined and proven to be onerous and Well, little by little, you can imagine appropriations law to bar any unproductive. what started happening to their arm. ergonomics regulation before agreeing Irresponsible regulation of this kind Now, today, to prevent such injury to in that year that such a bar was better hurts American companies and the employees, most electronic companies left to consideration by the author- workers that they employ. Despite the have automatic insertion machines. izers. excessive regulatory zeal of OSHA, it Employees do not even use those same Mr. Chairman, there are situations should be the policy of the United processes, but back then the repeated where poor workplace ergonomics States to research before we regulate, push with the thumb did result in car- cause serious injuries that can and and this is all that this legislation pal tunnel syndrome over time. should be avoided. Clearly, in modern does, it mandates that OSHA must Well, what I did as the human re- times, insurers demand risk manage- wait until the ergonomic research is sources manager for this company was ment of employers, and employers are completed by NAS before it starts something that I am sure everybody concerned not only with the health and sticking its fingers deeper into Amer- over there would think is pretty darn safety of their workers, but also with ican business. odd. I called CAL–OSHA and brought the minimizing of the cost burden of It is age-old advice, Mr. Chairman, to them into the company, and they injuries and illnesses of their employ- look before you leap. Likewise, govern- came. They observed the workers car- ees on the bottom line. As Director ment must research before it regulates. rying out their task. We worked with Jeffries of OSHA has testified before So, Mr. Chairman, there is simply no them as partners and came up with the our subcommittee on other occasions, consensus in the scientific community appropriate solution for our workers, such cases are already actionable in regarding the need to implement wide- and their symptoms disappeared. many circumstances under the general spread, oppressive ergonomic policies. You see, it was important for us, be- duty clause. No new OSHA regulation should be en- cause we were a company that was The issue today is whether the forced until conclusive research shows growing rapidly. And we knew that our present state of science justifies impos- actions should be taken. But that time workers’ injuries would certainly in- ing a prophylactic regulation of broad has not yet come, and I urge my col- hibit our growth and we probably scope. I think that it does not. And leagues to vote for this legislation. would not become what had been our make no mistake about it, the draft Ms. WOOLSEY. Mr. Chairman, I goal, to become a Fortune 300 com- proposed regulation is a very broad move to strike the last word. pany, which we did, but it would not one. It would apply to any general in- (Ms. WOOLSEY asked and was given have happened without a healthy work dustry whose employees engage in permission to revise and extend her re- force. manufacture or manual handling, and marks.) The point is that business knew such workplaces would be required to Mrs. FOWLER. Mr. Chairman, ergo- about repetitive stress injuries years implement a full ergonomics program nomic standards have been delayed and years and years ago. Many employ- upon the reporting of a work-related enough. I have been here long enough ers have stepped up to the challenge to musculoskeletal disorder, notwith- myself to be able to get the pattern prevent repetitive stress injuries. They standing the difficulties in determining and the rhythm of what goes on on the worked with OSHA, they worked with whether such disorders are in fact other side of the aisle when they do not their workers comp carriers, because work-related. agree with scientific studies. When we they know that their workers comp My own exploration of this issue has get scientific answers to studies and costs go up when they have injured left me convinced that such a broad H6922 CONGRESSIONAL RECORD — HOUSE August 3, 1999 regulatory approach cannot be justified Mr. Chairman, I include for the cuses on two main issues: acquiring the right at this time in light of the state of RECORD information on ergonomics equipment and making sure it is used prop- science, and should not be advanced from articles and studies. erly. An ergonomics committee, comprised The material referred to is as follows: of representatives from all departments, was without further study. formed to design new work stations, and a In 1996, after OSHA had already SUCCESS WITH ERGONOMICS video was created to train staff on proper moved forward with stakeholder dis- State: New York, 14th. postures and the correct way to set up one’s cussions on a draft ergonomic stand- Company: The New York Times, New York, workstation. Banker’s Trust also distributes ard, I asked Dr. Katz, the director of NY. a workstation safety handout to employees. Industry: Newspaper. the National Institute of Arthritis and Employees: 5,000. THE IMPACT Musculoskeletal and Skin Diseases at Success Brief: Reduced the number of In one year, Banker’s Trust significantly the National Institutes of Health if we workers’ compensation cases by 84%, cut reduced repetitive motion injury claims. In knew enough scientifically for the Fed- lost-time cases by 75% and reduced the total 1995, the bank faced more than 100 claims days lost by 91%. tied to ergonomic issues, while in 1996 there eral Government to be promulgating were only 60 claims. Employee morale has THE PROBLEM ergonomic standards. increased, and the company has seen an im- His response was not yet. He went on In 1991, The New York Times began ad- provement in its lost workday injury rate. to explain that despite extensive study, dressing work-related musculoskeletal dis- Source: ‘‘Ergonomics project exemplifies we are a long way from knowing the orders (MSDs) informally. By 1992 the com- Opferkuch’s ambition,’’ Business Insurance, pany realized it needed to take a more struc- April 1997. best medical management of repetitive tured approach to reduce the increasing ERGONOMICS IS A WOMAN'S ISSUE motion disorders. number of MSDs. Many of the newspaper’s I do not believe the science has hardest working and most creative employ- Women are Affected Disproportionately. In moved enough in the intervening years, ees were getting hurt. 1997 women made up 46% of the American that is, 2 years, to justify OSHA’s draft THE SOLUTION workforce and accounted for 33% of all work- proposed regulation. I note that the The newspaper implemented an place injuries. Yet, in certain jobs such as typ- Academy of Orthopedic Surgeons sup- ergonomics program that included worksite ing or key entry, they suffered 91% of all reports this conclusion as well. and work-process evaluations, workplace repetitive motion injuries. Overall, women experi- At a minimum, the burden of proof design and renovation, training, on-site med- enced 70% of all lost-time cases caused by should be upon the proponents of broad ical management, ergonomic equipment, a carpal tunnel syndrome and close to two-thirds ergonomics regulation to show that computerized tracking system and an in- of all lost work-time cases caused by tendi- house hot line telephone number to address there has been such a dramatic change nitis. A study from Washington State reported ergonomic concerns and requests. 1 in the state of science in the past 2 that while women submit less than ¤3 of all Workstations were redesigned to fit the vari- workers compensation claims in the state, years that a sweeping regulation can ety of jobs (graphic designers, reporters, edi- be justified. It seems to me that the tors) at the newspaper. Management support 61% of all claims for Carpal Tunnel Syndrome NAS study provides such a needed and employee involvement were key factors are submitted by women. check. to the success of the newspaper’s program. Many Occupations with a Majority of Mr. Chairman, this is a major regu- THE IMPACT Women Employees are Disproportionately Im- latory change and one that should not Over the four-year period (1992–1996), the pacted by Musculoskeletal Disorders (MSDs). For example, women in the health care pro- be undertaken lightly. I think the gen- company’s efforts resulted in an 84% drop in fession are hard hit by musculoskeletal dis- tleman from Missouri’s legislation the number of MSD workers’ compensation cases, a 75% drop in lost-time case and a 91% orders. Just one professionÐRegistered adopts a wise approach to the issue, decrease in total days lost. nurses, Licensed Practical Nurses, Nurses and I urge all Members to support pas- Source: CTD News, January 1998. Aides, and Healthcare AidesÐaccounted for sage of this bill. 12% of all MSDS reported in 1997 according Mrs. MALONEY of New York. Mr. ANGELA DIAZ (ILGWU)—NEW YORK, NY, to BLS. A significant number of textile sewing Chairman, I move to strike the last LADIES’ GARMENT WORKERS machine operators, data key operators, and word. Angela Diaz has been a seamstress for 25 years. secretaries suffer numerous cases of MSDs. (Mrs. MALONEY of New York asked Carpal Tunnel Syndrome is More Prevalent and was given permission to revise and Now 48, Diaz has suffered with a severe case of carpal tunnel syndrome for seven in FemaleÐDominated Industries. Ninety-one extend her remarks.) years. percent of cashiers who suffer from carpal tun- Mrs. MALONEY of New York. Mr. With help from the ILGWU, she finally has nel syndrome are women. Women make up Chairman, I am rising really in opposi- gotten some relief through treatment at the 85% of packagers who experience carpal tun- tion strongly to H.R. 987. This is a union’s Occupational Health Clinic and sur- nel syndrome. Female assemblers experience needless delay to give American work- gery. The ILGWU also guided Diaz through the maze of applying for workers’ compensa- 70% of all cases. Virtually all cases of carpal ers the protection that they need and tunnel syndrome among data-entry keyers, deserve. Since 1995, this is the fourth tion; a two-year wait is normal for victims of carpal tunnel syndrome. During that period, textile sewing machine operators, general of- delay in 5 years. And each year the most workers lose their health benefits and fice clerks, telephone operators, bank tellers, standard is delayed, another 650,000 some must apply for welfare benefits to sup- and typists are experienced by women. workers will suffer disabling injuries. port their families. Top Jobs in which women are at risk for In the interest of time, because many Diaz says her life has been turned upside MSDs. (1) Nursing Aids and Orderlies; (2) of my colleagues want to speak on this down. She cannot physically do the work Registered nurses; (3) Assemblers; (4) Cash- subject, I would like to put in the necessary to maintain her home and family, iers; (5) Miscellaneous Machine Operators; (6) much less the activities she once enjoyed. record case studies of constituents who Maid. have suffered from this disease and SUCCESS WITH ERGONOMICS Top Jobs in which women are at risk for really the success stories of several State: New York, 8th. Carpal Tunnel Syndrome. (1) Assemblers; (2) businesses that have implemented Company: Banker’s Trust Co., New York, Secretaries; (3) Miscellaneous machine opera- their own ergonomic programs and N.Y. tors; (4) Data-Entry Keyers; (5) Textile Sewing greatly reduced the repetitive motion Industry: Banking and Finance. Machines; (6) Cashier. injury claims in their companies. Employees: Not available. Ergonomic-Related Injuries are crippling. Success Brief: Claims tied to ergonomic We need to go forward with these issues dropped by almost 50% in one year. According to BLS, workers with Carpal Tunnel OSHA rules. It truly helps businesses Syndrome average more days away from work THE PROBLEM too, because these disorders cost em- than workers who suffer amputations, falls, With one employee facing her second sur- ployers between $15 billion and $20 bil- gery for carpal tunnel syndrome, Banker’s and fractures. Carpal Tunnel Syndrome cases lion each year in workers compensa- Trust recognized a potential problem early average 25 days away from work; amputations tion costs. on and decided to implement an ergonomics average 18 days. Workers who suffer MSDs may never return to the job or may never be b 2030 program. In 1995, the company received more than 100 workers’ compensation claims tied able to handle simple, everyday task such as I would also like to point out that it to ergonomic issues. combing their hair or picking up a baby. is very much of a woman’s issue. Sixty THE SOLUTION Mr. Chairman, I yield to the gen- percent of the claims are women that Banker’s Trust initiated an ergonomics tleman from Massachusetts (Mr. are in these repetitive typing jobs. program in 1993. The company’s program fo- TIERNEY). August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6923 Mr. TIERNEY. Mr. Chairman, I when that in fact has been done. Work- There are other issues here, other thank the gentlewoman from New ers say they need it, and businesses than separating out what happens at York for yielding to me. clearly say they see the merits and home, such as what are the effective Mr. Chairman, what we are talking need these standards. treatments? For example, I wore wrist about here is whether or not OSHA Mr. Chairman, we have to just listen splints for my carpal tunnel surgery. should be allowed to go forward with to what some of these businesses say. Did it help? It turned out to be more the rules they have established. Pro- 3M said they estimate that because of important to wear them at night than ponents of this bill say no, kill it, these efforts since 1993, over 1,000 em- during the day when I was at work. delay it, do whatever you can, but do ployees did not develop work-related I think one of the key factors that we not implement it. They use the same musculoskeletal disorders, and it re- need is education on this issue. As my excuse or tactic that they have used sulted in approximately 16,000 fewer wife commented to me after I had back before, simply to propose yet another lost work days. 3M’s experience is that surgery, and I studied the problems in- study. implementing an ergonomics program volved with backs, if we had known all The irony here is that the delay is effective for reducing the number of this beforehand, we could have pre- would be for 24 months, 2 years. The work-related musculoskeletal dis- vented it, and that is exactly true. Pre- irony in particular is that the proposed orders, and additionally, is good busi- ventative medicine is the answer, in study would merely review existing lit- ness, Mr. Chairman. many cases. That involves education, erature. Even more ironic is the study Peter Meyer, the human resources di- it involves accommodation to the prob- that they seek to be done, they seek it rector for Sequins International Qual- lems that individuals have. by the National Academy of Sciences, a ity in New York, Mr. Chairman, agrees, Something else I have heard com- group whose studies they rejected when as does the General Accounting Office, monly during this debate is the need it came time for the Census, because this is good for business, as well as for sound science. As a scientist, I find this particular group said the Census good for workers. this amusing. Sometimes people saying should be done with statistical sam- Mr. GOODLING. Mr. Chairman, I ask that really means they want science pling. unanimous consent that all debate on that supports their opinion, rather Our friends on the other side did not the bill and amendments thereto be than really what people mean by sound like it then, but now, because they limited to 20 minutes, divided equally science. between myself and the gentleman want a delay, they do not want to see Nevertheless, we do need that in this from Missouri (Mr. CLAY). the standards go into effect, they can- case, but also we need a good dose of not wait to put this off and have the The CHAIRMAN. Is there objection to the request of the gentleman from plain, ordinary common sense in de- National Academy of Sciences do yet signing regulations and meeting the another study. Pennyslvania? Mr. CLAY. Reserving the right to ob- needs of the workplace, and particu- The harm is not just to working men larly ensuring that our workers do not and women, although that harm is se- ject, Mr. Chairman, the gentleman said 20 minutes, 10 on each side? suffer. I support the bill, but I also vere. The harm is also to businesses. want to make clear, I support efforts to We do not hear that from the other Mr. GOODLING. Mr. Chairman, will the gentleman yield? provide proper ergonomic controls in side, but $15 billion to $20 billion a year the workplace. is going to be spent on workers com- Mr. CLAY. I yield to the gentleman Mr. CLAY. Mr. Chairman, I yield 4 pensation costs because of workers’ in- from Pennsylvania. Mr. GOODLING. Yes, Mr. Chairman. minutes to the gentleman from Wash- juries. Mr. CLAY. I have no objection, Mr. ington (Mr. BAIRD). My small businesses want to know Chairman, and I withdraw my reserva- that they can rely on reasonable regu- Mr. BAIRD. Mr. Chairman, I rise in tion of objection. strong opposition to this irresponsible lations to help them stop that kind of The CHAIRMAN. Is there objection expenditures. Up to $60 billion is spent legislation, which threatens the health to the request of the gentleman from and safety of our Nation’s work force. every year on these kinds of injuries. Pennsylvania? The harm to workers, Mr. Chairman, Each year, Mr. Chairman, more than There was no objection. 650,000 American workers suffer from each year more than 600,000 American Mr. GOODLING. Mr. Chairman, I workers suffer work-related musculo- work-related musculoskeletal dis- yield 2 minutes to the gentleman from orders, 650,000. That is not just a num- skeletal disorders. HLERS). Michigan (Mr. E ber. That is working people, our con- No one champions excessive regula- Mr. EHLERS. Mr. Chairman, I thank stituents throughout our districts. It is tion, but no one can seriously argue the gentleman for yielding time to me. that there should be a total absence of Mr. Chairman, as I mentioned ear- nurses injured while they try to trans- oversight, or that that is appropriate. lier, I am somewhat sympathetic to fer patients from a bed to a wheelchair. If it is the government’s appropriate this because of my experience with a It is machinists injured on the job. It is function to strike a balance for busi- serious back problem, a lumbar workers throughout our districts. ness, for workers, and for consumers, it laminectomy and carpal tunnel sur- I can tell my colleagues that these is especially so, Mr. Chairman, in this gery. are hardly minor aches and pains, particular instance, when good regula- At the same time, when I asked these are serious disabling conditions tion can save business money, can en- where these came from, did they come that have extensive impacts on work- hance efficiency, as well as save indi- from the workplace, I am not engaged ers’ lives, and are estimated to cost the viduals from painful and debilitating in heavy lifting, unless I am dealing American public something in the injuries. with heavy issues on the floor; or did it realm of $20 billion a year. Mr. Chairman, the standards in this come from my history of driving a 30- Mr. Chairman, those costs are not particular instance are limited in foot semi trailer truck when I was just economic. When a mother has car- scope. They are based on science. There younger? Again, the answers are not pal tunnel syndrome and cannot lift have been, in fact, some 2,000 studies clear. her child as a result, when a father in- done, and they have been reviewed and My carpal tunnel injury, did it come jures his back on the workplace and reviewed again by peer groups and sci- from repetitive motion? No. I rarely cannot play ball with his daughter or entists from all walks. These proposals engage in repetitive motion with my son, those are also real impacts. We provide flexibility for each employer to hands. need to stop those impacts. This legis- tailor the program to their particular My point simply is that these are lation would limit our ability to stop workplace. It covers manufacturing very, very complex issues. That is why those impacts. and manual handling operations, which Congress asked for and provided fund- People do not just lose time with account for about 60 percent of these ing for the National Academy of their families, they lose their jobs. types of injuries. Sciences study, because of the con- They sometimes become permanently Mr. Chairman, the science shows that tinuing controversy of the medical and unemployed or are forced to take se- this is warranted. There is no need to scientific questions relating to vere pay cuts. I want to emphasize that delay it again for yet another study ergonomics. as a scientist myself, as a teacher of H6924 CONGRESSIONAL RECORD — HOUSE August 3, 1999 the scientific method and as a prac- For example, Dr. Morton Kasden, a MISLEADING MYTHS ON ERGONOMICS ticing clinician, I am dogged in de- clinical professor of surgery at the Uni- Myth: There is no sound science tying manding a strong peer reviewed science versity of Louisville, testified that musculoskeletal disorders to work. in making important public health de- ‘‘There is a lack of scientific evidence Fact: There is a tremendous wealth of cisions. solid, scientific evidence linking musculo- that using our hands repetitively skeletal disorders and work. NIOSH evalu- But my colleagues should know by causes so-called cumulative trauma.’’ ated 600 of 2,000 studies available in 1997 and now that the American Public Health A quote on the chart from Dr. Stan- the National Academy of Sciences surveyed Association, the National Academy of ley Bigos, professor of orthopedics at the literature in 1998. The academy con- Sciences, the National Institute for Oc- the University of Washington: cluded there is compelling evidence that re- cupational Safety and Health, and the We cannot provide a universal mandate ducing physical stress on the job reduces the American College of Occupational and without knowing specific dimensions that risk of injuries. Environmental Medicine, have all indi- might work. How high should the bench be? Myth: There is no need to act until we cated the strong need for a standard. How tall is too tall and too short? What know exactly how many repetitions produce about differences in age? injuries. We have that draft standard. We need Fact: We don’t know how many cigarettes to implement it. Who will all of a sudden determine, someone must smoke before developing can- This bill is not really about requiring without data, what is right or wrong, cer—individuals vary—but we do know science, because if it were, the people legal or illegal, borderline or punish- smoking significantly increases cancer risk. who have introduced it would have sup- able? From whose pockets will the The same is true with awkward postures, reported funding for scientific studies in costs come? As usual, they will prob- petitive motion, heavy lifting and forceful the past, but in fact they have opposed ably come from the employees take- exertions. Reducing these risk can prevent work-related musculoskeletal disorders. it. home pay. Do not be confused by those It is not about science, because com- Myth: Medical professionals disagree about who want to oversimplify the model of the need for ergonomics regulations. mon sense tells us if we do the same re- the human body. Usually the human Fact: Most of the medical community has petitive motion for 8 hours a day, we body does not mean you wear it out. strongly encouraged OSHA to act without are going to injure ourselves. We do Discomfort from spring gardening and further delay in promulgating a proposed not need more science, we need to im- spring training is not caused by dam- ergonomics program rule. This includes the plement the regulations we have put American College of Occupational and Envi- age but deconditioning of the winter ronmental Medicine, the American Academy forward. rest. There was a time, Mr. Chairman, of Orthopaedic Surgeons, the American Asso- Dr. Howard Sandler, a former med- when in our country workers were con- ciation of Occupational Health Nurses, the ical officer with NIOSH and a consult- sidered expendable. If they injured American Nurses Association and the Amer- ant to OSHA, said ican Public Health Association. themselves on the job, tough luck, they Myth: A new NAS study will produce defin- were dismissed with no compensation, Considerable interest and concern has been focused on the relationship between work itive conclusions supporting/dismissing the their family lost a breadwinner, they and musculoskeletal disorders. At the need for an OSHA ergonomics standard. Fact: Another review of the literature will lost mobility, and they simply replaced present time, the risk factors, their inter- not produce any new information and is them with whoever else was willing to actions and their thresholds for causing ef- most likely to replicate the findings and work for the cheapest wage in the most fects have not been sufficiently identified. conclusions of the earlier NIOSH and NAS dangerous conditions imaginable. Once this information is established, risk evaluations, which critics refused to accept That time was past, but this legisla- can be effectively predicted and appropriate as definitive. And those who are adamantly preventive actions can be instituted across a tion would like to see us move back. opposed to an OSHA ergonomics standard wide range of business and industry. Re- This legislation is wrong. have declined to commit themselves to sup- search presently underway should help to es- A very interesting thing just hap- port the findings of the second NAS review, tablish the scientific data which is currently pened on the floor of this House. We whatever they may be. saw a negotiation between the two par- lacking. Myth: Work-related musculoskeletal dis- ties, which was good. We said, folks, we Finally, on the chart, Dr. Morton orders are decreasing; therefore, there is no are all tired. It has been a long day. It Hadler, who is from the University of need for an OSHA ergonomics standard. is going to be a long week. We have North Carolina: Fact: All workplace injuries and illnesses are declining—that’s great news. Repetitive Any attempt to construct an ergonomic worked hard. Let us cut this debate a motion injuries, as they are reported on the standard as a remedy for regional musculo- little short so we can go home to our OSHA 200 Log, constitute a small portion of skeletal injuries in the workplace is not just families. I favor that negotiation. I am these injuries—just 4 percent. However, when premature, it is likely to be counter- glad we supported it. these injuries are combined with back inju- productive in its application and enforce- But here is the problem. Working ries that are due to repetitive motions or ment. people, men and women in this country overexertion, they account for over one-third who work in unsafe conditions, or Finally, Dr. Michael Vender, who is of lost workday injuries and illnesses. An where they risk ergonomic injuries, do with the American Society of Surgery OSHA standard would help protect the more not always have that opportunity. of the Hand: ‘‘With our present level of than 600,000 workers who suffer serious and potentially disabling work-related musculo- They cannot go to their boss or their understanding, we cannot distinguish between on-the-job or off-the-job ac- skeletal disorders each year. supervisor and say, I am getting in- Myth: There is no proof that ergonomics jured on this job. tivities because the quantitative rela- programs reduce injuries. We need to change the conditions. tionships’’ are bad. This proves that we Fact: There are many examples of compa- They do not have that right to nego- need a complete study. nies that have established ergonomic pro- tiate, the very negotiation we just con- Mr. CLAY. Mr. Chairman, I yield grams, reduced injuries, cut costs and inducted here. They are forced to work in such time as he may consume to the creased productivity and employee morale. gentleman from New York (Mr. Hundreds of stakeholders have shared their situations that injure them. We have successes with OSHA in stakeholder meet- an obligation to create standards that OWENS). (Mr. OWENS asked and was given ings and best practices ergonomics con- protect them from those injuries, to ferences. protect the mothers, fathers, and the permission to revise and extend his re- Myth: An OSHA ergonomics standard will working people throughout this coun- marks.) be extremely costly for businesses. try. Mr. OWENS. Mr. Chairman, the following in- Fact: Today, U.S. businesses are spending I urge my colleagues to vote no on formational items can contribute greatly to the $15 to $20 billion each year in workers’ com- this anti-worker, anti-safety, anti-fam- lifting of the veil of confusion being promul- pensation costs alone for work-related mus- gated by the Republican majority. culoskeletal disorders. As employers fix ily legislation. ergonomic problems in line with their ergo- Mr. GOODLING. Mr. Chairman, I I am also submitting examples of victims of nomic programs, injuries—and costs—will yield 2 minutes to the gentleman from ergonomic disorders and examples of busi- decline. Ergonomics programs ultimately North Carolina (Mr. BALLENGER). ness owners in establishing their own ergo- save money—for everyone. Good ergonomics Mr. BALLENGER. Mr. Chairman, my nomic standards. is good economics. subcommittee had several hearings Truth is on the side of the American working SUCCESS WITH ERGONOMICS with specialists in these fields. This is families. State: New York, 8th; Company: King what the experts said. The material referred to is as follows: Kullen Grocery, New York; Industry: Retail August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6925 grocery; Employees: 4,500; Success Brief: She was forced to file a lawsuit in Federal Mr. CLAY. Mr. Chairman, I yield 1 Over four years, reduced workers’ compensa- Court before her employer would reinstate minute to the gentlewoman from Flor- tion claims from 21 to 5. her and her insurance. In 1997 the company’s ida (Ms. BROWN). THE PROBLEM doctors agreed that she did in fact have bi- Ms. BROWN of Florida. Mr. Chair- In 1992, King Kullen faced a rising rate of lateral carpal tunnel but they said that it man, I have been an elected official for didn’t happen at work. Her compensation carpal tunnel syndrome (CTS) among its 17 years, and never in those 17 years cashiers. The company attributed the in- was reduce by 50 percent and would not approve the surgery that two orthopedic sur- have I voted against the working peo- crease in CTS cases to the checkout scanners ple of the country. I rise today in oppo- introduced in their stores in the late 1980s. geons recommended. Her attorney was seeking an expedited hearing with the Workers’ sition to this bill. This is another at- THE SOLUTION Compensation Board. tempt by the Republicans to trample The company implemented a comprehen- upon the rights of the American work- sive ergonomics program. King Kullen modi- Mr. GOODLING. Mr. Chairman, I fied its checkout stations and scanners to re- yield 2 minutes to the gentleman from ers. duce lifting and twisting motions. The com- Florida (Mr. MILLER). Working men and women are the pany’s medical management program en- Mr. MILLER of Florida. Mr. Chair- backbone of this country. As usual, sured immediate care and treatment to em- man, let me first of all commend the this Republican bill ignores the prob- ployees who were experiencing problems on chairman of the Committee on Edu- lems of worker safety. the job. Employees also received training on cation and the Workforce for bringing b 2045 the causes and symptoms of work-related this commonsense legislation to the musculoskeletal disorders (MSDs) and on It is the working men and women floor today. This really is common good work practices. who have built up this country, and the sense. THE IMPACT Republicans would rather conduct a One thing we can all agree on in this study than take real action to protect Over a four-year period, workers’ com- Chamber, all 435 of us, is we do not pensation claims for MSDs dropped from 21 these men and women. Work-related to 5. Source: ‘‘Keeping Grocery Checkout want to have workplace injuries. We injuries are a critical problem that af- Lines Moving,’’ Risk Management, January want to eliminate them. We want to fect more than 600,000 workers each 1998. minimize them. We all agree on that. year. The debate is where we want power and OSHA is finally moving forward to Angela Diaz (ILGWU), New York, NY; La- the influence to control that. dies Garment Workers. develop a standard to prevent unneces- My friends on the other side believe sary injuries, and this bill would only Angela Diaz has been a seamstress for 25 Washington knows the answer. The years. cause those workers more pain. Now 48, Diaz has suffered with a severe more power we can bring to Wash- I urge my colleagues to stand up for case of carpal tunnel syndrome for seven ington, the better it is for the Wash- the working men and women and vote years. ington bureaucracy, and also for the ‘‘no’’ on this bill. With help from the ILGWU, she finally has benefit of organized labor. Those of us Mr. GOODLING. Mr. Chairman, I gotten some relief through treatment at the on this side of the aisle believe it be- yield 2 minutes to the gentleman from union’s Occupational Health Clinic and sur- longs to business and State and local Kentucky (Mr. FLETCHER), a member of gery. The ILGWU also guided Diaz through regulations. It does not belong in the maze of applying for workers’ compensa- the committee. tion; a two-year wait is normal for victims of Washington. Washington does not Mr. FLETCHER. Mr. Chairman, I rise carpal tunnel syndrome. During that period, know all the answers. to speak in support of the bill, and I most workers lost their health benefits and I am a former small business man. certainly thank the gentleman from some must apply for welfare benefits to sup- Before I entered Congress, I served for Missouri (Mr. BLUNT) and the gen- port their families. 19 years in family businesses back in tleman from Pennsylvania (Mr. GOOD- Diaz says here life has been turned upside Florida. We were highly motivated in LING), the committee chairman, for down. She cannot physically do the work our business to keep workplace injuries their work to ensure that we make necessary to maintain her home and family, to a minimum. First of all, it is the much less the activities she once enjoyed. sure that we evaluate fully what we are right thing to do. You do not want to doing before we begin to promulgate Nadine Brown (USWA Local 1753), Buffalo, see your friends and employees hurt. regulations that can have extensive ef- NY; FEDCO Automotive. But workmens compensation insurance fects upon the workers, the workplace, Nadine works for FEDCO Automotive Com- was so expensive you were highly moti- and job availability. ponents Company, Inc. of Buffalo, a manu- vated to keep injuries at a minimum, I think we all agree on both sides of facturer of heat exchangers for the auto- because it made economic sense, be- the aisle that paramount in our con- motive industry. She has worked at FEDCO for ten years. For the past five years, Nadine cause it affected your bottom line by cern is worker safety, making sure has worked lifting heater cores that weigh at not having people injured. So you were that we have the kind of jobs that are least 2–4 pounds onto an assembly line. Each motivated to have people trained to needed, that are safe jobs, that folks do day, Nadine lifts between 4,000 and 6,000 heat- avoid injuries, lifting injuries or hand have the kind of protections that they er cores. She gets 2 fifteen minute breaks a injuries and such. need so that they do not have injury, day, plus a half hour for lunch. Last August The other reason you are motivated permanent injury and problems that Nadine underwent surgery to relieve the pain is that you do not want to have your will affect their livelihood and their in her hand caused by carpal tunnel syn- employees lose work. You have a families. drome. The pain in her hand started several years trained employee and that is a valuable But when we look at past history of ago. It made it difficult to grip things, to asset. The last thing you want to do is OSHA, sometimes they promulgated drive and to fix her children’s hair. She went have that person hurt and miss work. regulations that really do not make a to the company doctor, who referred her to a So employers are motivated to mini- whole lot of sense. Let me give my col- specialist. He told her she needed surgery. mize those injuries, just like the gov- leagues just one simple illustration of Nadine spent about four months recovering ernment thinks they can decide it up what they do in a physician’s office. from the surgery and returned back to work here in Washington. This regulation is I generally keep a cup of coffee sit- in the same job. No adjustments have been common sense. This says, let science ting right on the counter, so that when made, so she is doing the exact same work I come out from seeing a patient, I just now that caused her injury. Several other address the issue. people in the company have had surgery for The other question that is unan- grab it and get a sip of coffee. But similar injuries. swered, besides science, is cost. I know OSHA passed a regulation that, be- OSHA says, Oh, it is only $3.5 billion a cause I have got a microscope right Lorraine Baker (USWA), Solvay, NY; Lan- year on business. That is costing jobs, there on the counter, and I do some dis Plastics. $3.5 billion, and that is a ball park esti- urinalysis on it, that somehow this is a Lorraine was injured on the job and was di- mate. Other estimates are in the tens major safety hazard, and this is against agnosed with bilateral carpal tunnel in 1996. Lorraine found out that she had been fired of billions of dollars a year. That is the law for me to have that cup of cof- when she tried to use her insurance for her like a tax on small business. fee setting there because it may be a daughter and was told that it had been can- This makes common sense. Let us detriment to my health. celed even though she continued to make her wait for science to give us some an- I think it is clearly that, many weekly co-payments to her employer. swers. times, regulations are promulgated H6926 CONGRESSIONAL RECORD — HOUSE August 3, 1999 that are not fully thought out, that It comes as a substantial surprise to Mr. TALENT. Mr. Chairman, I thank have not been investigated thoroughly. me that my colleagues who say that the gentleman for yielding me this We have certainly petitioned, the they are using the States as labora- time. Congress has, a study by the National tories on many issues are now back Mr. Chairman, we have had discus- Academy of Sciences to study this. We here 25 or 30 years later questioning sion on the floor of the House tonight have allocated almost $1 million of tax- whether carpal tunnel and other ergo- about this regulation having taken 8 payers’ money so that they can do this nomic injuries are even workplace in- years, 9 years, 12 years. We do not study so that we can hopefully resolve juries. know how long OSHA has been working the conflict. It strikes me that, if a number of on this. Does that not tell us some- We find physicians in medical organi- people were getting sick in a plant, and thing about the process? zations on both sides of this issue. we did not know exactly the best way It has taken a long time. Because Clearly it is not resolved. Musculo- to solve the problem of keeping them OSHA sits like this great brooding skeletal disorders are very complicated from getting sick, maybe we should planning agency, planning for every- disorders. There are folks that have write some regulations and not pass body in America, trying to shove down opinions on both sides. any kind of safety rules to address the the throats of small business people a I think it is paramount and very nec- situation in the interim. That is what regulation that will hurt them, that essary that we make sure that we have my Republican colleagues seem to be will hurt their employees, and will ac- definitive studies, a review of studies suggesting here. complish nothing. The small business by an organization of the National I am not opposed to the study that is community is not going to take that Academy of Sciences. Then we can pro- being done. But what I do wonder is, anymore. mulgate the regulations that are nec- what happens between now and the It is exactly to prevent this kind of essary to ensure the safety, ensure that time the study is completed. Why thing that the Congress passed we do things properly, right, and do not should the American workers not be SBREFA 3 years ago, the Small Busi- do some ridiculous things that OSHA protected when we know that they are ness Regulatory Enforcement Fairness has a history of doing in the past. walking into these workplace situa- Act. What we said to the agencies of I encourage my colleagues to vote for tions, engaging in repetitive motion the Federal Government is, Look, we this bill. activities, developing carpal tunnel do not want you to hurt small business Mr. CLAY. Mr. Chairman, I yield 1 people while accomplishing nothing. So minute to the gentlewoman from Texas syndrome and other kinds of ergonomic injuries; and we should just turn listen to them. Tell them what you are (Ms. JACKSON-LEE). Ms. JACKSON-LEE of Texas. Mr. around and walk away and pretend going to do and listen. Do not discount Chairman, I thank the distinguished that this is not happening. what they are telling you. Make ad- gentleman for yielding me this time. This is an unbelievable, unreal de- justments in the regulation. Work in Mr. Chairman, I rise to raise an enor- bate that we are having here on this partnership with them because they mous and strong opposition to H.R. 987. bill. It is like we want the perfect to be want worker safety. They are not out Mr. Chairman, just a few weeks ago, I the enemy of the good. Because the de- to hurt their people. visited a factory in my district that partment had not written the perfect OSHA has over and over and over was about to close. As I was walking set of regulations to deal with this again with this regulation and so many through, I inquired of those who were issue, we want to delay any kind of others systematically and deliberately there, the working people of America, regulations when we know full well overestimated the benefits of it, under- ‘‘How long have you been at this plant, that these injuries are caused by repet- estimated the costs, and tried to pass using your hands, and putting things itive motion and workplace conditions. vague regulations that nobody under- together?’’ Forty years, 25 years, 18 This is an unreal debate that can stands and push it down the throats of years. The working people of America only be engaged in in a Congress that America’s small businesses; and they are committed to their work. has no acknowledgment of the rights of are not taking it, and that is why this This is a horrific bill that takes away working people. Over 650,000 workers is taking so long. the respect and the humanity and the were injured last year by repetitive In March, the Small Business Advo- dignity of working men and women. It motion and ergonomic-related injuries. cacy Review Panel met and said that says to them we do not care about The bulk of those were women who sit OSHA has underestimated the costs of their injuries. We do not care about the at a desk or do some repetitive motion this regulation by a factor of 4 to 10 fact that they need to work to provide kind of activity, and they do it over times on America’s small business peo- for their family. If they get hurt, there and over and over again. We are going ple. A dentist, a lady came and said, will be no regulations. We will just to penalize those people trying to say Look, it is going to cost me $5,000 just throw them out the door. that we ought to hold off on writing to determine the extent to which I am OSHA has worked yesterday, it any kind of regulations until we can covered by this regulation. works today, and it will work tomor- get a perfect set of regulations. OSHA says, Well, we do not take into row. Any time we start hearing people We can revise a regulation at any account costs like that because they talking about putting in a study on point in the process. It is not a big are indirect. We do not figure out the working people’s rights, we know what deal. We revise regulations all the time costs that people are going to have to they are trying to do. Cast them aside. in the Federal Government. So what is incur to determine whether or not they H.R. 987 does not address the ques- the problem with putting some regula- are covered. We are not going to tion of the commitment of working tions in place, operating under those, change the regulation to accommodate men and women to their positions. It is allowing the study to be completed, people like you. a bad bill. It should be defeated. and then, if necessary, in response to That is why we are here year after Mr. CLAY. Mr. Chairman, I yield 41⁄2 that study, revising the regulations to year after year. That is what this bill minutes to the gentleman from North make them better? is trying to address. Carolina (Mr. WATT). We cannot afford in this situation to Mr. Chairman, look, it is time to stop Mr. WATT of North Carolina. Mr. let the perfect be the enemy of the treating America’s small business peo- Chairman, I am observing this debate good. I urge my colleagues not to en- ple like they were the enemies of their in somewhat disbelief. About 25, 30 gage in this unbelievable kind of activ- workers, like they were the enemies of years ago, when I was a young lawyer ity and slam against the working peo- the public interest. They want worker just starting to practice law in North ple of this country to vote against this safety. Let us work in partnership with Carolina, I tried the first carpal tunnel bill and let us get on with some real them. Develop a regulation based on syndrome case under the North Caro- business of the country. good science; that is what this bill is lina workers compensation law. Ever Mr. GOODLING. Mr. Chairman, I about. since that time, in North Carolina, car- yield 2 minutes to the gentleman from The CHAIRMAN. All time for debate pal tunnel has been recognized as a Missouri (Mr. TALENT), a valued mem- has expired. If there are no further compensable workers compensation in- ber of our committee and the chairman amendments, under the rule, the Com- jury in North Carolina. of the Committee on Small Business. mittee rises. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6927 Accordingly, the Committee rose; Ose Saxton Tauzin NOT VOTING—8 Oxley Scarborough Taylor (MS) IL Bilbray McDermott Peterson (PA) and the Speaker pro tempore (Mr. M - Packard Schaffer Taylor (NC) Jefferson Metcalf Thompson (MS) LER of Florida) having assumed the Paul Sensenbrenner Terry Lantos Mollohan Chair, Mr. SHIMKUS, Chairman of the Pease Sessions Thomas Committee of the Whole House on the Pickering Shadegg Thornberry b 2121 Pickett Shaw Thune State of the Union, reported that that Pitts Shays Tiahrt Mr. BALDACCI changed his vote Committee, having had under consider- Pombo Sherwood Toomey from ‘‘yea’’ to ‘‘nay.’’ Porter Shimkus Turner ation the bill (H.R. 987) to require the So the bill was passed. Secretary of Labor to wait for comple- Portman Shows Upton Pryce (OH) Shuster Vitter The result of the vote was announced tion of a National Academy of Sciences Radanovich Simpson Walden as above recorded. study before promulgating a standard Ramstad Sisisky Walsh A motion to reconsider was laid on or guideline on ergonomics, pursuant Regula Skeen Wamp Watkins the table. to House Resolution 271, he reported Reynolds Smith (MI) Riley Smith (TX) Watts (OK) f the bill back to the House. Rogan Souder Weldon (FL) The SPEAKER pro tempore. Under Rogers Spence Whitfield GENERAL LEAVE the rule, the previous question is or- Rohrabacher Stearns Wicker Ros-Lehtinen Stenholm Wilson Mr. GOODLING. Mr. Speaker, I ask dered. Roukema Stump Wolf unanimous consent that all Members Young (AK) The question is on the engrossment Royce Sununu may have 5 legislative days within and third reading of the bill. Ryun (KS) Talent Young (FL) Salmon Tancredo which to revise and extend their re- The bill was ordered to be engrossed Sanford Tanner marks on H.R. 987, the Workplace Pres- and read a third time and was read the ervation Act. third time. NAYS—209 The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The Abercrombie Gutierrez Oberstar objection to the request of the gen- question is on the passage of the bill. Ackerman Hall (OH) Obey Allen Hastings (FL) Olver tleman from Pennsylvania? The question was taken; and the Andrews Hill (IN) Ortiz There was no objection. Speaker pro tempore announced that Baird Hilliard Owens f the ayes appeared to have it. Baldacci Hinchey Pallone Baldwin Hinojosa Pascrell REPORT ON H.R. 2684, DEPART- Mr. CLAY. Mr. Speaker, I object to Barcia Hoeffel Pastor the vote on the ground that a quorum Barrett (WI) Holden Payne MENTS OF VETERANS AFFAIRS is not present and make the point of Becerra Holt Pelosi AND HOUSING AND URBAN DE- order that a quorum is not present. Bentsen Hooley Peterson (MN) VELOPMENT AND INDEPENDENT Berkley Horn Petri The SPEAKER pro tempore. Evi- Berman Hoyer Phelps AGENCIES APPROPRIATIONS dently a quorum is not present. Bishop Inslee Pomeroy ACT, 2000 The Sergeant at Arms will notify ab- Blagojevich Jackson (IL) Price (NC) Blumenauer Jackson-Lee Quinn Mr. WALSH, from the Committee on sent Members. Boehlert (TX) Rahall Appropriations, submitted a privileged The vote was taken by electronic de- Bonior Johnson, E. B. Rangel report (Rept. No. 106–286) on the bill vice, and there were—yeas 217, nays Borski Jones (OH) Reyes (H.R. 2684) making appropriations for Boswell Kanjorski Rivers 209, not voting 8, as follows: Boucher Kaptur Rodriguez the Department of Veterans Affairs [Roll No. 366] Brady (PA) Kennedy Roemer and Housing and Urban Development, Brown (FL) Kildee Rothman and for sundry independent agencies, YEAS—217 Brown (OH) Kilpatrick Roybal-Allard Aderholt Davis (VA) Hobson Campbell Kind (WI) Rush boards, commissions, corporations, and Archer Deal Hoekstra Capps King (NY) Ryan (WI) offices for the fiscal year ending Sep- Armey DeLay Hostettler Capuano Kleczka Sabo tember 30, 2000, and for other purposes, Bachus DeMint Houghton Cardin Klink Sanchez which was referred to the Union Cal- Baker Diaz-Balart Hulshof Carson Kucinich Sanders Ballenger Dickey Hunter Clay LaFalce Sandlin endar and ordered to be printed. Barr Dooley Hutchinson Clayton LaHood Sawyer The SPEAKER pro tempore (Mr. MIL- Barrett (NE) Doolittle Hyde Clyburn Lampson Schakowsky LER of Florida). All points of order are Bartlett Dreier Isakson Condit Larson Scott Barton Duncan Istook Conyers Lazio Serrano reserved on the bill. Bass Dunn Jenkins Costello Lee Sherman f Bateman Ehlers John Coyne Levin Skelton Bereuter Ehrlich Johnson (CT) Cramer Lewis (GA) Slaughter MAKING IN ORDER ON AUGUST 4, Berry Emerson Johnson, Sam Crowley Lipinski Smith (NJ) 1999, OR ANY DAY THEREAFTER, Biggert Everett Jones (NC) Cummings LoBiondo Smith (WA) Bilirakis Ewing Kasich Danner Lofgren Snyder MOTION TO CONCUR IN SENATE Bliley Fletcher Kelly Davis (FL) Lowey Spratt AMENDMENTS TO H.R. 1664, Blunt Foley Kingston Davis (IL) Lucas (KY) Stabenow KOSOVO AND SOUTHWEST ASIA Boehner Fossella Knollenberg DeFazio Luther Stark Bonilla Fowler Kolbe DeGette Maloney (CT) Strickland EMERGENCY SUPPLEMENTAL Bono Franks (NJ) Kuykendall Delahunt Maloney (NY) Stupak APPROPRIATIONS ACT, 1999 Boyd Frelinghuysen Largent DeLauro Markey Sweeney Brady (TX) Gallegly Latham Deutsch Martinez Tauscher Mr. DREIER. Mr. Speaker, I ask Bryant Ganske LaTourette Dicks Mascara Thompson (CA) unanimous consent that it be in order Burr Gekas Leach Dingell Matsui Thurman at any time on August 4, 1999, or any Burton Gibbons Lewis (CA) Dixon McCarthy (MO) Tierney day thereafter, to take from the Speak- Buyer Gilchrest Lewis (KY) Doggett McCarthy (NY) Towns Callahan Gillmor Linder Doyle McGovern Traficant er’s table H.R. 1664, with Senate Calvert Goode Lucas (OK) Edwards McHugh Udall (CO) amendments thereto, and to consider Camp Goodlatte Manzullo Engel McKinney Udall (NM) in the House, any rule of the House to Canady Goodling McCollum English McNulty Velazquez Cannon Goss McCrery Eshoo Meehan Vento the contrary notwithstanding, a single Castle Graham McInnis Etheridge Meek (FL) Visclosky motion offered by the chairman of the Chabot Granger McIntosh Evans Meeks (NY) Waters Committee on Appropriations or his Chambliss Green (WI) McIntyre Farr Menendez Watt (NC) designee that the House concur in the Chenoweth Greenwood McKeon Fattah Millender- Waxman Clement Gutknecht Mica Filner McDonald Weiner Senate amendments; that the Senate Coble Hall (TX) Miller (FL) Forbes Miller, George Weldon (PA) amendments and the motion to be con- Coburn Hansen Miller, Gary Ford Minge Weller sidered as read; that the motion be de- Collins Hastert Moran (KS) Frank (MA) Mink Wexler Combest Hastings (WA) Morella Frost Moakley Weygand batable for 1 hour equally divided and Cook Hayes Myrick Gejdenson Moore Wise controlled among the gentleman from Cooksey Hayworth Nethercutt Gephardt Moran (VA) Woolsey Ohio (Mr. REGULA), the gentleman from Cox Hefley Ney Gilman Murtha Wu West Virginia (Mr. MOLLOHAN), and the Crane Herger Northup Gonzalez Nadler Wynn Cubin Hill (MT) Norwood Gordon Napolitano chairman and ranking minority mem- Cunningham Hilleary Nussle Green (TX) Neal ber of the Committee on Banking and H6928 CONGRESSIONAL RECORD — HOUSE August 3, 1999 Financial Services, or their designees; (b) EXPENSES AND LIABILITIES.—The United my district between Second Street and and that the previous question be con- States shall not incur any expense or liabil- Louisiana Avenue Northwest and along sidered as ordered on the motion to ity incident to any activity associated with Louisiana to First Street Northwest. final adoption without intervening mo- work on the Capitol Grounds under section 1. The construction project will create a tion or demand for division of the ques- The SPEAKER pro tempore. Pursu- high end building with class A office tion. ant to the rule, the gentleman from space right here at the foot of Capitol The SPEAKER pro tempore. Is there New Jersey (Mr. FRANKS) and the gen- Hill. The new building will be 10 stories objection to the request of the gentlewoman from the District of Colum- high and will contain 500,000 square tleman from California? bia (Ms. NORTON) each will control 20 feet. The Architect has requested a res- There was no objection. minutes. olution to permit the temporary clos- f The Chair recognizes the gentleman ing of the curb lane along Louisiana from New Jersey (Mr. FRANKS). Avenue and Constitution Avenue. ANNOUNCEMENT BY THE SPEAKER Mr. FRANKS of New Jersey. Mr. Again I want to thank the gentleman PRO TEMPORE Speaker, I yield myself such time as I from New Jersey for the very expedi- The SPEAKER pro tempore. Pursu- may consume. tious way in which he has handled this ant to the provisions of clause 8 of rule Mr. Speaker, House Concurrent Reso- matter and for his continued support XX, the Chair announces that he will lution 167 will authorize the Architect for activities that positively affect the postpone further proceedings today on of the Capitol to enter into an agree- economic health of the Nation’s cap- each motion to suspend the rules on ment with the United Brotherhood of ital, the District of Columbia. which a recorded vote or the yeas and Carpenters and Joiners for a construc- Mr. Speaker, I yield such time as he nays are ordered, or on which the vote tion project that is scheduled to begin may consume to the gentleman from is objected to under clause 6 of rule August 15, 1999. Minnesota (Mr. OBERSTAR), the ranking XX. The Carpenters and Joiners Union member of the Committee on Trans- Such rollcall votes, if postponed, will headquarters is located on Constitu- portation and Infrastructure. be taken tomorrow. tion Avenue between 2nd Street and Mr. OBERSTAR. Mr. Speaker, I Louisiana Avenue, Northwest. This thank the gentlewoman for yielding me f property is adjacent to the Capitol this time. I rise to support the resolu- AUTHORIZING ARCHITECT OF THE Grounds. tion and to express my great apprecia- CAPITOL TO PERMIT TEM- The Union plans to demolish its ex- tion to the gentleman from Pennsyl- PORARY CONSTRUCTION AND isting headquarters and construct a vania (Mr. SHUSTER) for moving so ex- OTHER WORK ON CAPITOL new larger facility. In order to do this, peditiously on this matter which is GROUNDS a small section of parking spots and a very timely for the carpenters union for the replacement and construction Mr. FRANKS of New Jersey. Mr. sidewalk on Louisiana Avenue will be of this facility so near to the Capitol. I Speaker, I move to suspend the rules closed for about 2 years. appreciate the support of the chairman and agree to the concurrent resolution Let me be clear about the affected of the subcommittee also for acting so (H. Con. Res. 167) authorizing the Ar- area along Constitution Avenue and quickly. I want to compliment the gen- chitect of the Capitol to permit tem- Louisiana Avenue. It is the curbside tlewoman from the District of Colum- porary construction and other work on lane between 1st and 2nd Street, North- bia on her steadfast persistence and the Capitol Grounds that may be nec- west only. This authority in no way ex- leadership on this matter. She is a true essary for construction of a building on tends beyond those two streets insofar advocate and champion for the District Constitution Avenue Northwest, be- as the Capitol Grounds are concerned. and a great voice. tween 2nd Street Northwest and Lou- This activity will not interfere with This facility has one of the prime lo- isiana Avenue Northwest. the needs of Congress and will not cost cations in all of Washington. It shall be The Clerk read as follows: the government. The building owners will restore all affected areas of the very interesting to see the facility re- H. CON. RES. 167 Capitol Grounds to its original condi- moved and reconstructed. I understand Resolved by the House of Representatives (the tion once construction is completed. that there is a splendid plan to replace Senate concurring), I support this resolution whole- that facility. It is very important to all SECTION 1. USE OF CAPITOL GROUNDS. heartedly and urge my colleagues to who are concerned, not only those The Architect of the Capitol may permit join in support. building the structure but those who temporary construction and other work on Mr. Speaker, I reserve the balance of are going to rent, the various associa- the Capitol Grounds that may be necessary my time. tions that would be a part of this. for construction of a building on Constitu- I just wanted to rise and express my tion Avenue Northwest, between 2nd Street b 2130 Northwest and Louisiana Avenue Northwest. great appreciation to the majority for Such work may include activities resulting Ms. NORTON. Mr. Speaker, I yield moving so quickly on a matter of such in temporary obstruction of a curbside park- myself such time as I may consume. timely importance to those involved ing lane on Louisiana Avenue Northwest and First, Mr. Speaker, may I thank the and again to compliment the gentle- on Constitution Avenue Northwest, between gentleman from Pennsylvania (Mr. woman for her leadership and express 2nd Street Northwest and Louisiana Avenue SHUSTER) for the way in which he has my great appreciation to the gen- Northwest. shepherded this matter through com- tleman from Pennsylvania (Mr. SHU- SEC. 2. PERIOD OF USE. mittee and to the floor. I am very STER) for his cooperation. Work on the Capitol Grounds under section grateful for the attention he has given Ms. NORTON. Mr. Speaker, I yield 1 is authorized during the period beginning it. May I also thank the distinguished myself such time as I may consume. I August 6, 1999, and ending October 31, 2001, or ranking member the gentleman from very much appreciate the remarks of such longer period as the Architect of the Capitol determines necessary. Minnesota (Mr. OBERSTAR) for his in- the ranking member the gentleman valuable assistance in getting this from Minnesota (Mr. OBERSTAR). I do SEC. 3. TERMS AND CONDITIONS. (a) IN GENERAL.—Work on the Capitol matter to the floor this evening. I very want to say that I know that the car- Grounds under section 1 may not begin until much appreciate the work of my own penters union is as grateful for the way the Architect of the Capitol receives such as- chairman the gentleman from New Jer- in which this has been handled this surances as the Architect may require to en- sey (Mr. FRANKS) who in committee evening as I am. I want to assure the sure that— today saw to it that this matter came House that the matter under construc- (1) all areas of the Capitol Grounds that and was expeditiously handled in the tion has received already the approval are disturbed by reason of such work will be subcommittee itself. This straight- of the appropriate Federal and local restored to their original condition without forward resolution will allow the Ar- authorities and will continue to go expense to the United States; and (2) such work will be carried out so as not chitect of the Capitol to permit tem- through those approvals. We needed to interfere with the needs of Congress, porary construction and necessary only now the approval of the House to under conditions to be prescribed by the Ar- other work on the Capitol grounds. The make sure the construction could in- chitect of the Capitol. site is along Constitution Avenue in deed proceed. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6929 Mr. Speaker, I yield back the balance Sec. 403. Time for claiming benefit of earlier ‘‘CHAPTER 5—INVENTION PROMOTION of my time. filing date. SERVICES Mr. FRANKS of New Jersey. Mr. Sec. 404. Provisional rights. ‘‘Sec. Sec. 405. Prior art effect of published appli- ‘‘51. Definitions. Speaker, I yield back the balance of cations. my time. ‘‘52. Contracting requirements. Sec. 406. Cost recovery for publication. ‘‘53. Standard provisions for cover notice. The SPEAKER pro tempore (Mr. MIL- Sec. 407. Conforming amendments. ‘‘54. Reports to customer required. LER of Florida). The question is on the Sec. 408. Effective date. ‘‘55. Mandatory contract terms. motion offered by the gentleman from TITLE V—OPTIONAL INTER PARTES ‘‘56. Remedies. New Jersey (Mr. FRANKS) that the REEXAMINATION PROCEDURE ‘‘57. Records of complaints. House suspend the rules and agree to Sec. 501. Short title. ‘‘58. Fraudulent representation by an inven- the concurrent resolution, House Con- Sec. 502. Ex parte reexamination of pat- tion promoter. current Resolution 167. ents. ‘‘59. Rule of construction. The question was taken; and (two- Sec. 503. Definitions. ‘‘§ 51. Definitions Sec. 504. Optional inter partes reexamina- thirds having voted in favor thereof) ‘‘For purposes of this chapter— tion procedures. ‘‘(1) the term ‘contract for invention pro- the rules were suspended and the con- Sec. 505. Conforming amendments. motion services’ means a contract by which current resolution was agreed to. Sec. 506. Report to Congress. A motion to reconsider was laid on Sec. 507. Estoppel effect of reexamination. an invention promoter undertakes invention the table. Sec. 508. Effective date. promotion services for a customer; ‘‘(2) the term ‘customer’ means any person, f TITLE VI—PATENT AND TRADEMARK firm, partnership, corporation, or other enti- OFFICE ty who enters into a financial relationship or GENERAL LEAVE Sec. 601. Short title. a contract with an invention promoter for Mr. FRANKS of New Jersey. Mr. Subtitle A—United States Patent and invention promotion services; Speaker, I ask unanimous consent that Trademark Office ‘‘(3) the term ‘invention promoter’ means all Members may have 5 legislative Sec. 611. Establishment of Patent and any person, firm, partnership, corporation, days in which to revise and extend Trademark Office. or other entity who offers to perform or per- Sec. 612. Powers and duties. forms for, or on behalf of, a customer any act their remarks and include extraneous described under paragraph (4), but does not material on House Concurrent Resolu- Sec. 613. Organization and management. Sec. 614. Public Advisory Committees. include— tion 167, the measure just considered Sec. 615. Patent and Trademark Office fund- ‘‘(A) any department or agency of the Fed- by the House. ing. eral Government or of a State or local gov- The SPEAKER pro tempore. Is there Sec. 616. Conforming amendments. ernment; objection to the request of the gen- Sec. 617. Trademark Trial and Appeal Board. ‘‘(B) any nonprofit, charitable, scientific, tleman from New Jersey? Sec. 618. Board of Patent Appeals and Inter- or educational organization, qualified under There was no objection. ferences. applicable State law or described under sec- Sec. 619. Annual report of Director. tion 170(b)(1)(A) of the Internal Revenue f Sec. 620. Suspension or exclusion from prac- Code of 1986; tice. ‘‘(C) any person duly registered with, and AMERICAN INVENTORS in good standing before, the United States PROTECTION ACT OF 1999 Sec. 621. Pay of Director and Deputy Direc- tor. Patent and Trademark Office acting within Mr. COBLE. Mr. Speaker, I move to Sec. 622. Study on Alternative Fee Struc- the scope of that person’s registration to suspend the rules and pass the bill tures. practice before the Patent and Trademark Office, except when that person performs any (H.R. 1907) to amend title 35, United Subtitle B—Effective Date; Technical act described in subparagraph (B) or (C) of Amendments States Code, to provide enhanced pro- paragraph (4); or tection for inventors and innovators, Sec. 631. Effective date. ‘‘(D) any person or entity involved in the protect patent terms, reduce patent Sec. 632. Technical and conforming amend- evaluation to determine commercial poten- litigation, and for other purposes, as ments. tial of, or offering to license or sell, a utility amended. Subtitle C—Miscellaneous Provisions patent or a previously filed nonprovisional The Clerk read as follows: Sec. 641. References. utility patent application; and ‘‘(4) the term ‘invention promotion serv- H.R. 1907 Sec. 642. Exercise of authorities. Sec. 643. Savings provisions. ices’ means, with respect to an invention by Be it enacted by the Senate and House of Rep- Sec. 644. Transfer of assets. a customer, any act involved in— resentatives of the United States of America in Sec. 645. Delegation and assignment. ‘‘(A) evaluating the invention to determine Congress assembled, Sec. 646. Authority of Director of the Office its protectability as some form of intellec- SECTION 1. SHORT TITLE. of Management and Budget tual property, other than evaluation by a This Act may be cited as the ‘‘American with respect to functions trans- person licensed by a State to practice law Inventors Protection Act of 1999’’. ferred. who is acting solely within the scope of that SEC. 2. TABLE OF CONTENTS. Sec. 647. Certain vesting of functions consid- person’s professional license; The table of contents is as follows: ered transfers. ‘‘(B) evaluating the invention to determine Sec. 648. Availability of existing funds. its commercial potential by any person for Sec. 1. Short title. Sec. 649. Definitions. purposes other than providing venture cap- Sec. 2. Table of contents. TITLE VII—MISCELLANEOUS PATENT ital; or TITLE I—INVENTORS’ RIGHTS PROVISIONS ‘‘(C) marketing, brokering, offering to li- Sec. 101. Short title. cense or sell, or promoting the invention or Sec. 701. Provisional applications. Sec. 102. Invention promotion services. a product or service in which the invention Sec. 702. International applications. Sec. 103. Effective date. is incorporated or used, except that the dis- Sec. 703. Certain limitations on damages for play only of an invention at a trade show or TITLE II—FIRST INVENTOR DEFENSE patent infringement not appli- exhibit shall not be considered to be inven- Sec. 201. Short title. cable. tion promotion services. Sec. 202. Defense to patent infringement Sec. 704. Electronic filing and publications. based on earlier inventor. Sec. 705. Study and report on biological de- ‘‘§ 52. Contracting requirements Sec. 203. Effective date and applicability. posits in support of bio- ‘‘(a) IN GENERAL.—(1) Every contract for TITLE III—PATENT TERM GUARANTEE technology patents. invention promotion services shall be in Sec. 706. Prior invention. writing and shall be subject to the provisions Sec. 301. Short title. Sec. 707. Prior art exclusion for certain com- of this chapter. A copy of the signed written Sec. 302. Patent term guarantee authority. monly assigned patents. contract shall be given to the customer at Sec. 303. Continued examination of patent the time the customer enters into the con- applications. TITLE I—INVENTORS’ RIGHTS tract. Sec. 304. Technical clarification. SEC. 101. SHORT TITLE. ‘‘(2) If a contract is entered into for the Sec. 305. Effective date. This title may be cited as the ‘‘Inventors’ benefit of a third party, the identity and ad- TITLE IV—UNITED STATES PUBLICA- Rights Act’’. dress of such party shall be disclosed by such TION OF PATENT APPLICATIONS PUB- SEC. 102. INVENTION PROMOTION SERVICES. party’s agent and such party shall be consid- LISHED ABROAD Part I of title 35, United States Code, is ered a customer for purposes of this chapter. Sec. 401. Short title. amended by adding after chapter 4 the fol- ‘‘(b) REQUIREMENTS OF INVENTION PRO- Sec. 402. Publication. lowing chapter: MOTER.—The invention promoter shall— H6930 CONGRESSIONAL RECORD — HOUSE August 3, 1999 ‘‘(1) state in a written document, at the THIS INVENTION PROMOTER IS ‘‘(3) a full, clear, and concise description of time a customer enters into a contract for XXXXXXX. AS A RESULT OF THE EF- the specific acts or services that the inven- invention promotion services, whether the FORTS OF THIS INVENTION PROMOTER, tion promoter undertakes to perform for the usual business practice of the invention pro- XXXXX NUMBER OF CUSTOMERS HAVE customer; moter is to— RECEIVED LICENSE AGREEMENTS FOR ‘‘(4) a statement as to whether the inven- ‘‘(A) seek more than 1 contract in connec- THEIR INVENTIONS. tion promoter undertakes to construct, sell, tion with an invention; or ‘THE OFFICERS OF THIS INVENTION or distribute one or more prototypes, mod- ‘‘(B) seek to perform services in connection PROMOTER HAVE COLLECTIVELY OR IN- els, or devices embodying the invention of with an invention in 1 or more phases, with DIVIDUALLY BEEN AFFILIATED IN THE the customer; the performance of each phase covered in 1 LAST TEN (10) YEARS WITH THE FOL- ‘‘(5) the full name and principal place of or more subsequent contracts; and LOWING INVENTION PROMOTION COMPA- business of the invention promoter and the ‘‘(2) supply to the customer a copy of the NIES: (LIST THE NAMES AND ADDRESS- name and principal place of business of any written document together with a written ES OF ALL PREVIOUS INVENTION PRO- parent, subsidiary, agent, independent con- summary of the usual business practices of MOTION COMPANIES WITH WHICH THE tractor, and any affiliated company or per- the invention promoter, including— PRINCIPAL OFFICERS HAVE BEEN AF- son who it is known will perform any of the FILIATED AS OWNERS, AGENTS, OR EM- ‘‘(A) the usual business terms of contracts; services or acts that the invention promoter PLOYEES). YOU ARE ENCOURAGED TO and undertakes to perform for the customer; CHECK WITH THE UNITED STATES PAT- ‘‘(B) the approximate amount of the usual ‘‘(6) if any oral or written representation of ENT AND TRADEMARK OFFICE, THE FED- fees or other consideration that may be re- estimated or projected customer earnings is ERAL TRADE COMMISSION, YOUR STATE quired from the customer for each of the given by the invention promoter (or any ATTORNEY GENERAL’S OFFICE, AND services provided by the invention promoter. agent, employee, officer, director, partner, THE BETTER BUSINESS BUREAU FOR ‘‘(c) RIGHT OF CUSTOMER TO CANCEL CON- ANY COMPLAINTS FILED AGAINST ANY or independent contractor of such invention TRACT.—(1) Notwithstanding any contractual OF THESE COMPANIES WHICH RESULTED promoter), a statement of that estimation or provision to the contrary, a customer shall IN REGULATORY SANCTIONS OR OTHER projection and a description of the data upon have the right to terminate a contract for CORRECTIVE ACTIONS. which such representation is based; invention promotion services by sending a ‘YOU ARE ENCOURAGED TO CONSULT ‘‘(7) the name and address of the custodian written letter to the invention promoter WITH AN ATTORNEY OF YOUR OWN of all records and correspondence relating to stating the customer’s intent to cancel the CHOOSING BEFORE SIGNING THIS CON- the contracted for invention promotion serv- contract. The letter of termination must be TRACT. BY PROCEEDING WITHOUT THE ices, and a statement that the invention pro- deposited with the United States Postal ADVICE OF AN ATTORNEY REGISTERED moter is required to maintain all records and Service on or before 5 business days after the TO PRACTICE BEFORE THE UNITED correspondence relating to performance of date upon which the customer or the inven- STATES PATENT AND TRADEMARK OF- the invention promotion services for such tion promoter executes the contract, which- FICE, YOU COULD LOSE ANY RIGHTS YOU customer for a period of not less than 2 years ever is later. MIGHT HAVE IN YOUR IDEA OR INVEN- after expiration of the term of such contract; ‘‘(2) Delivery of a promissory note, check, TION.’. and bill of exchange, or negotiable instrument of ‘‘(b) OTHER REQUIREMENTS FOR COVER NO- ‘‘(8) a statement setting forth a time any kind to the invention promoter or to a TICE.—The cover notice shall contain the schedule for performance of the invention third party for the benefit of the invention items required under subsection (a) and the promotion services, including an estimated promoter, without regard to the date or name, primary office address, and local of- date in which such performance is expected dates appearing in such instrument, shall be fice address of the invention promoter, and to be completed. deemed payment received by the invention may contain no other matter. ‘‘(b) INVENTION PROMOTER AS FIDUCIARY.— promoter on the date received for purposes of ‘‘(c) DISCLOSURE OF CERTAIN CUSTOMERS To the extent that the description of the spe- this section. NOT REQUIRED.—The requirement in the no- cific acts or services affords discretion to the ‘‘§ 53. Standard provisions for cover notice tice set forth in subsection (a) to include the invention promoter with respect to what spe- ‘TOTAL NUMBER OF CUSTOMERS WHO cific acts or services shall be performed, the ‘‘(a) CONTENTS.—Every contract for inven- HAVE CONTRACTED WITH THE INVEN- invention promoter shall be deemed a fidu- tion promotion services shall have a con- TION PROMOTER IN THE PAST FIVE (5) ciary. spicuous and legible cover sheet attached YEARS’ need not include information with ‘‘(c) AVAILABILITY OF INFORMATION.— with the following notice imprinted in bold- respect to customers who have purchased Records and correspondence described under face type of not less than 12-point size: trade show services, research, advertising, or subsection (a)(7) shall be made available ‘YOU HAVE THE RIGHT TO TERMINATE other nonmarketing services from the inven- after 7 days written notice to the customer THIS CONTRACT. TO TERMINATE THIS tion promoter, nor with respect to customers or the representative of the customer to re- CONTRACT, YOU MUST SEND A WRITTEN who have defaulted in their payment to the view and copy at a reasonable cost on the in- LETTER TO THE COMPANY STATING invention promoter. vention promoter’s premises during normal YOUR INTENT TO CANCEL THIS CON- business hours. TRACT. ‘‘§ 54. Reports to customer required ‘‘§ 56. Remedies ‘THE LETTER OF TERMINATION MUST ‘‘With respect to every contract for inven- BE DEPOSITED WITH THE UNITED tion promotion services, the invention pro- ‘‘(a) IN GENERAL.—(1) Any contract for in- STATES POSTAL SERVICE ON OR BE- moter shall deliver to the customer at the vention promotion services that does not FORE FIVE (5) BUSINESS DAYS AFTER address specified in the contract, at least comply with the applicable provisions of this THE DATE ON WHICH YOU OR THE COM- once every 3 months throughout the term of chapter shall be voidable at the option of the customer. PANY EXECUTE THE CONTRACT, WHICH- the contract, a written report that identifies ‘‘(2) Any contract for invention promotion EVER IS LATER. the contract and includes— services entered into in reliance upon any ‘THE TOTAL NUMBER OF INVENTIONS ‘‘(1) a full, clear, and concise description of material false, fraudulent, or misleading in- EVALUATED BY THE INVENTION PRO- the services performed to the date of the report and of the services yet to be performed formation, representation, notice, or adver- MOTER FOR COMMERCIAL POTENTIAL IN tisement of the invention promoter (or any THE PAST FIVE (5) YEARS IS XXXXX. OF and names of all persons who it is known will perform the services; and agent, employee, officer, director, partner, THAT NUMBER, XXXXX RECEIVED POSI- or independent contractor of such invention TIVE EVALUATIONS AND XXXXX RE- ‘‘(2) the name and address of each person, firm, corporation, or other entity to whom promoter) shall be voidable at the option of CEIVED NEGATIVE EVALUATIONS. the customer. ‘IF YOU ASSIGN EVEN A PARTIAL IN- the subject matter of the contract has been disclosed, the reason for each such disclo- ‘‘(3) Any waiver by the customer of any TEREST IN THE INVENTION TO THE IN- provision of this chapter shall be deemed VENTION PROMOTER, THE INVENTION sure, the nature of the disclosure, and complete and accurate summaries of all re- contrary to public policy and shall be void PROMOTER MAY HAVE THE RIGHT TO and unenforceable. sponses received as a result of those disclo- SELL OR DISPOSE OF THE INVENTION ‘‘(4) Any contract for invention promotion sures. WITHOUT YOUR CONSENT AND MAY NOT services which provides for filing for and ob- HAVE TO SHARE THE PROFITS WITH ‘‘§ 55. Mandatory contract terms taining utility, design, or plant patent pro- YOU. ‘‘(a) MANDATORY TERMS.—Each contract tection shall be voidable at the option of the ‘THE TOTAL NUMBER OF CUSTOMERS for invention promotion services shall in- customer unless the invention promoter of- WHO HAVE CONTRACTED WITH THE IN- clude in boldface type of not less than 12- fers to perform or performs such act through VENTION PROMOTER IN THE PAST FIVE point size— aperson duly registered to practice before, (5) YEARS IS XXXXX. THE TOTAL NUM- ‘‘(1) the terms and conditions of payment and in good standing with, the Patent and BER OF CUSTOMERS KNOWN BY THIS IN- and contract termination rights required Trademark Office. VENTION PROMOTER TO HAVE RE- under section 52; ‘‘(b) CIVIL ACTION.—(1) Any customer who CEIVED, BY VIRTUE OF THIS INVENTION ‘‘(2) a statement that the customer may is injured by a violation of this chapter by PROMOTER’S PERFORMANCE, AN avoid entering into the contract by not mak- an invention promoter or by any material AMOUNT OF MONEY IN EXCESS OF THE ing the initial payment to the invention pro- false or fraudulent statement or representa- AMOUNT PAID BY THE CUSTOMER TO moter; tion, or any omission of material fact, by an August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6931 invention promoter (or any agent, employee, ter at issue is accessible to or otherwise tablishing a defense under this section with director, officer, partner, or independent known to the public, except that the subject respect to actions taken after the date of contractor of such invention promoter) or by matter for which commercial marketing or such abandonment. failure of an invention promoter to make all use is subject to a premarketing regulatory ‘‘(6) PERSONAL DEFENSE.—The defense the disclosures required under this chapter, review period during which the safety or effi- under this section may be asserted only by may recover in a civil action against the in- cacy of the subject matter is established, in- the person who performed the acts necessary vention promoter (or the officers, directors, cluding any period specified in section 156(g), to establish the defense and, except for any or partners of such invention promoter) in shall be deemed ‘commercially used’ and in transfer to the patent owner, the right to as- addition to reasonable costs and attorneys’ ‘commercial use’ during such regulatory re- sert the defense shall not be licensed or as- fees, the greater of— view period; signed or transferred to another person ex- ‘‘(A) $5,000; or ‘‘(2) in the case of activities performed by cept as an ancillary and subordinate part of ‘‘(B) the amount of actual damages sus- a nonprofit research laboratory, or nonprofit a good faith assignment or transfer for other tained by the customer. entity such as a university, research center, reasons of the entire enterprise or line of ‘‘(2) Notwithstanding paragraph (1), the or hospital, a use for which the public is the business to which the defense relates. court may increase damages to not more intended beneficiary shall be considered to ‘‘(7) LIMITATION ON SITES.—A defense under than 3 times the amount awarded, taking be a use described in paragraph (1), except this section, when acquired as part of a good into account past complaints made against that the use— faith assignment or transfer of an entire en- the invention promoter that resulted in reg- ‘‘(A) may be asserted as a defense under terprise or line of business to which the de- ulatory sanctions or other corrective actions this section only for continued use by and in fense relates, may only be asserted for uses based on those record compiled by the Direc- the laboratory or nonprofit entity; and at sites where the subject matter that would tor under section 57. ‘‘(B) may not be asserted as a defense with otherwise infringe one or more of the claims ‘‘(c) REBUTTABLE PRESUMPTION OF IN- respect to any subsequent commercialization is in use before the later of the effective fil- JURY.—For purposes of this section, substan- or use outside such laboratory or nonprofit ing date of the patent or the date of the as- tial violation of any provision of this chapter entity; signment or transfer of such enterprise or by an invention promoter or execution by ‘‘(3) the term ‘method’ means a method of line of business. the customer of a contract for invention pro- doing or conducting business ; and ‘‘(8) UNSUCCESSFUL ASSERTION OF DE- motion services in reliance on any material ‘‘(4) the ‘effective filing date’ of a patent is FENSE.—If the defense under this section is false or fraudulent statements or representa- the earlier of the actual filing date of the ap- pleaded by a person who is found to infringe tions or omissions of material fact shall es- plication for the patent or the filing date of the patent and who subsequently fails to tablish a rebuttable presumption of injury. any earlier United States, foreign, or inter- demonstrate a reasonable basis for asserting national application to which the subject ‘‘§ 57. Records of complaints the defense, the court shall find the case ex- matter at issue is entitled under section 119, ‘‘(a) RELEASE OF COMPLAINTS.—The Direc- ceptional for the purpose of awarding attor- 120, or 365 of this title. ney’s fees under section 285 of this title. tor shall make all complaints received by ‘‘(b) DEFENSE TO INFRINGEMENT.—. ‘‘(9) INVALIDITY.—A patent shall not be the United States Patent and Trademark Of- ‘‘(1) IN GENERAL.—It shall be a defense to deemed to be invalid under section 102 or 103 fice involving invention promoters publicly an action for infringement under section 271 of this title solely because a defense is raised available, together with any response of the of this title with respect to any subject mat- or established under this section.’’. invention promoters. ter that would otherwise infringe one or (b) CONFORMING AMENDMENT.—The table of ‘‘(b) REQUEST FOR COMPLAINTS.—The Direc- more claims asserting a method in the pat- sections at the beginning of chapter 28 of tor may request complaints relating to in- ent being asserted against a person, if such title 35, United States Code, is amended by vention promotion services from any Federal person had, acting in good faith, actually re- adding at the end the following new item: or State agency and include such complaints duced the subject matter to practice at least in the records maintained under subsection one year before the effective filing date of ‘‘273. Defense to infringement based on ear- (a), together with any response of the inven- such patent, and commercially used the sub- lier inventor.’’. tion promoters. ject matter before the effective filing date of SEC. 203. EFFECTIVE DATE AND APPLICABILITY. ‘‘§ 58. Fraudulent representation by an inven- such patent. This title and the amendments made by tion promoter ‘‘(2) EXHAUSTION OF RIGHT.—The sale or this title shall take effect on the date of the enactment of this Act, but shall not apply to ‘‘Whoever, in providing invention pro- other disposition, of a useful end result produced by a patented method, by a person en- any action for infringement that is pending motion services, knowingly provides any on such date of enactment or with respect to false or misleading statement, representa- titled to assert a defense under this section with respect to that useful end result shall any subject matter for which an adjudication tion, or omission of material fact to a cus- of infringement, including a consent judg- tomer or fails to make all the disclosures re- exhaust the patent owner’s rights under the patent to the extent such rights would have ment, has been made before such date of en- quired under this chapter, shall be guilty of actment. a misdemeanor and fined not more than been exhausted had such sale or other dis- $10,000 for each offense. position been made by the patent owner. TITLE III—PATENT TERM GUARANTEE ‘‘(3) LIMITATIONS AND QUALIFICATIONS OF SEC. 301. SHORT TITLE. ‘‘§ 59. Rule of construction DEFENSE.—The defense to infringement under This title may be cited as the ‘‘Patent ‘‘Except as expressly provided in this chap- this section is subject to the following: Term Guarantee Act’’. ter, no provision of this chapter shall be con- ‘‘(A) PATENT.—A person may not assert the SEC. 302. PATENT TERM GUARANTEE AUTHOR- strued to affect any obligation, right, or defense under this section unless the inven- ITY. remedy provided under any other Federal or tion for which the defense is asserted is for (a) ADJUSTMENT OF PATENT TERM.—Section State law.’’. a method. 154(b) of title 35, United States Code, is SEC. 103. EFFECTIVE DATE. ‘‘(B) DERIVATION.—A person may not assert amended to read as follows: This title and the amendments made by the defense under this section if the subject ‘‘(b) ADJUSTMENT OF PATENT TERM.— this title shall take effect 60 days after the matter on which the defense is based was de- ‘‘(1) PATENT TERM GUARANTEES.— date of the enactment of this Act. rived from the patentee or persons in privity ‘‘(A) GUARANTEE OF PROMPT PATENT AND TITLE II—FIRST INVENTOR DEFENSE with the patentee. TRADEMARK OFFICE RESPONSES.—Subject to ‘‘(C) NOT A GENERAL LICENSE.—The defense the limitations under paragraph (2), if the SEC. 201. SHORT TITLE. asserted by a person under this section is not issue of an original patent is delayed due to This title may be cited as the ‘‘First Inven- a general license under all claims of the pat- the failure of the Patent and Trademark Of- tor Defense Act’’. ent at issue, but extends only to the specific fice to— SEC. 202. DEFENSE TO PATENT INFRINGEMENT subject matter claimed in the patent with ‘‘(i) make a notification of the rejection of BASED ON EARLIER INVENTOR. respect to which the person can assert a de- any claim for a patent or any objection or (a) DEFENSE.—Chapter 28 of title 35, United fense under this chapter, except that the de- argument under section 132, or give or mail States Code, is amended by adding at the end fense shall also extend to variations in the a written notice of allowance under section the following new section: quantity or volume of use of the claimed 151, within 14 months after the date on which ‘‘§ 273. Defense to infringement based on ear- subject matter, and to improvements in the the application was filed; lier inventor claimed subject matter that do not infringe ‘‘(ii) respond to a reply under section 132, ‘‘(a) DEFINITIONS.—For purposes of this additional specifically claimed subject mat- or to an appeal taken under section 134, section— ter of the patent. within 4 months after the date on which the ‘‘(1) the terms ‘commercially used’ and ‘‘(4) BURDEN OF PROOF.—A person asserting reply was filed or the appeal was taken; ‘commercial use’ mean use of a method in the defense under this section shall have the ‘‘(iii) act on an application within 4 the United States or the use of a method in burden of establishing the defense by clear months after the date of a decision by the the United States, so long as such use is in and convincing evidence. Board of Patent Appeals and Interferences connection with an internal commercial use ‘‘(5) ABANDONMENT OF USE.—A person who under section 134 or 135 or a decision by a or an actual arm’s-length sale or other has abandoned commercial use of subject Federal court under section 141, 145, or 146 in arm’s-length commercial transfer of a useful matter may not rely on activities performed a case in which allowable claims remain in end result, whether or not the subject mat- before the date of such abandonment in es- the application; or H6932 CONGRESSIONAL RECORD — HOUSE August 3, 1999

‘‘(iv) issue a patent within 4 months after ‘‘(3) PROCEDURES FOR PATENT TERM ADJUST- on the date of the enactment of this Act and, the date on which the issue fee was paid MENT DETERMINATION.— except for a design patent application filed under section 151 and all outstanding re- ‘‘(A) The Director shall prescribe regula- under chapter 16 of title 35, United States quirements were satisfied; tions establishing procedures for the applica- Code, shall apply to any application filed on the term of the patent shall be extended one tion for and determination of patent term or after the date of the enactment of this day for each day after the end of the period adjustments under this subsection. Act. specified in clause (i), (ii), (iii), or (iv), as the ‘‘(B) Under the procedures established (b) SECTION 303.—The amendments made by case may be, until the action described in under subparagraph (A), the Director shall— section 303 shall take effect 6 months after such clause is taken. ‘‘(i) make a determination of the period of the date of the enactment of this Act. ‘‘(B) GUARANTEE OF NO MORE THAN 3-YEAR any patent term adjustment under this sub- TITLE IV—UNITED STATES PUBLICATION APPLICATION PENDENCY.—Subject to the limi- section, and shall transmit a notice of that OF PATENT APPLICATIONS PUBLISHED tations under paragraph (2), if the issue of an determination with the written notice of al- ABROAD lowance of the application under section 151; original patent is delayed due to the failure SEC. 401. SHORT TITLE. and of the Patent and Trademark Office to issue This title may be referred to as the ‘‘Publi- ‘‘(ii) provide the applicant one opportunity a patent within 3 years after the actual fil- cation of Foreign Filed Applications Act’’. ing date of the application in the United to request reconsideration of any patent SEC. 402. PUBLICATION. States, not including— term adjustment determination made by the ‘‘(i) any time consumed by continued ex- Director. (a) PUBLICATION.—Section 122 of title 35, amination of the application requested by ‘‘(C) The Director shall reinstate all or United States Code, is amended to read as follows: the applicant under section 132(b); part of the cumulative period of time of an ‘‘(ii) any time consumed by a proceeding adjustment under paragraph (2)(C) if the ap- ‘‘§ 122. Confidential status of applications; under section 135(a), any time consumed by plicant, prior to the issuance of the patent, publication of patent applications the imposition of an order pursuant to sec- makes a showing that, in spite of all due ‘‘(a) CONFIDENTIALITY.—Except as provided tion 181, or any time consumed by appellate care, the applicant was unable to respond in subsection (b), applications for patents review by the Board of Patent Appeals and within the 3-month period, but in no case shall be kept in confidence by the Patent and Interferences or by a Federal court; or shall more than 3 additional months for each Trademark Office and no information con- ‘‘(iii) any delay in the processing of the ap- such response beyond the original 3-month cerning any such application shall be given plication by the Patent and Trademark Of- period be reinstated. without authority of the applicant or owner fice requested by the applicant except as per- ‘‘(D) The Director shall proceed to grant unless necessary to carry out the provisions mitted by paragraph (3)(C), the patent after completion of the Director’s of an Act of Congress or in such special cir- the term of the patent shall be extended 1 determination of a patent term adjustment cumstances as may be determined by the Di- day for each day after the end of that 3-year under the procedures established under this rector. period until the patent is issued. subsection, notwithstanding any appeal ‘‘(b) UNITED STATES PUBLICATION OF APPLI- ‘‘(C) GUARANTEE OR ADJUSTMENTS FOR taken by the applicant of such determina- CATIONS PUBLISHED ABROAD.— DELAYS DUE TO INTERFERENCES, SECRECY OR- tion. ‘‘(1) IN GENERAL.—(A) Subject to paragraph DERS, AND APPEALS.—Subject to the limita- ‘‘(4) APPEAL OF PATENT TERM ADJUSTMENT (2), each application for patent, except appli- tions under paragraph (2), if the issue of an DETERMINATION.— cations for design patents filed under chap- original patent is delayed due to— ‘‘(A) An applicant dissatisfied with a deter- ter 16 and provisional applications filed ‘‘(i) a proceeding under section 135(a); mination made by the Director under para- under section 111(b), shall be published, in ‘‘(ii) the imposition of an order pursuant to graph (3) shall have remedy by a civil action accordance with procedures determined by section 181; or against the Director filed in the United the Director, promptly upon the expiration ‘‘(iii) appellate review by the Board of Pat- States District Court for the District of Co- of a period of 18 months after the earliest fil- ent Appeals and Interferences or by a Fed- lumbia within 180 days after the grant of the ing date for which a benefit is sought under eral court in a case in which the patent was patent. Chapter 7 of title 5 shall apply to this title. At the request of the applicant, an issued pursuant to a decision in the review such action. Any final judgment resulting in application may be published earlier than reversing an adverse determination of pat- a change to the period of adjustment of the the end of such 18-month period. entability, patent term shall be served on the Director, ‘‘(B) No information concerning published the term of the patent shall be extended one and the Director shall thereafter alter the patent applications shall be made available day for each day of the pendency of the pro- term of the patent to reflect such change. to the public except as the Director deter- ceeding, order, or review, as the case may be. ‘‘(B) The determination of a patent term mines. ‘‘(2) LIMITATIONS.— adjustment under this subsection shall not ‘‘(C) Pursuant to this title and notwith- ‘‘(A) IN GENERAL.—To the extent that peri- be subject to appeal or challenge by a third standing any other provision of law, a deter- ods of delay attributable to grounds specified party prior to the grant of the patent.’’. mination by the Director to release or not to in paragraph (1) overlap, the period of any (b) CONFORMING AMENDMENTS.— release information concerning a published adjustment granted under this subsection (1) Section 282 of title 35, United States patent application shall be final and non- shall not exceed the actual number of days Code, is amended in the fourth paragraph by reviewable. the issuance of the patent was delayed. striking ‘‘156 of this title’’ and inserting ‘‘(2) EXCEPTIONS.—(A) An application that ‘‘(B) DISCLAIMED TERM.—No patent the ‘‘154(b) or 156 of this title’’. is no longer pending shall not be published. term of which has been disclaimed beyond a (2) Section 1295(a)(4)(C) of title 28, United ‘‘(B) An application that is subject to a se- specified date may be adjusted under this States Code, is amended by striking ‘‘145 or crecy order under section 181 shall not be section beyond the expiration date specified 146’’ and inserting ‘‘145, 146, or 154(b)’’. published. in the disclaimer. SEC. 303. CONTINUED EXAMINATION OF PATENT ‘‘(C)(i) If an applicant, upon filing, makes a ‘‘(C) REDUCTION OF PERIOD OF ADJUST- APPLICATIONS. request that an application not be published MENT.— Section 132 of title 35, United States Code, pursuant to paragraph (1), and states in such ‘‘(i) The period of adjustment of the term is amended— request that the invention disclosed in the of a patent under paragraph (1) shall be re- (1) in the first sentence by striking ‘‘When- application has not been the subject of an duced by a period equal to the period of time ever’’ and inserting ‘‘(a) Whenever’’; and application filed in another country, or during which the applicant failed to engage (2) by adding at the end the following: under a multilateral international agree- in reasonable efforts to conclude prosecution ‘‘(b) The Director shall prescribe regula- ment, that requires publication of applica- of the application. tions to provide for the continued examina- tions 18 months after filing, the application ‘‘(ii) With respect to adjustments to patent tion of applications for patent at the request shall not be published as provided in para- term made under the authority of paragraph of the applicant. The Commissioner may es- graph (1). (1)(B), an applicant shall be deemed to have tablish appropriate fees for such continued ‘‘(ii) An applicant may rescind a request failed to engage in reasonable efforts to con- examination and shall provide a 50 percent made under clause (i) at any time. clude processing or examination of an appli- reduction on such fees for small entities that ‘‘(iii) An applicant who has made a request cation for the cumulative total of any peri- qualify for reduced fees under section 41(h)(1) under clause (i) but who subsequently files, ods of time in excess of 3 months that are of this title.’’. in a foreign country or under a multilateral taken to respond to a notice from the Office SEC. 304. TECHNICAL CLARIFICATION. international agreement specified in clause making any rejection, objection, argument, Section 156(a) of title 35, United States (i), an application directed to the invention or other request, measuring such 3-month Code, is amended in the matter preceding disclosed in the application filed in the Pat- period from the date the notice was given or paragraph (1) by inserting ‘‘, which shall in- ent and Trademark Office, shall notify the mailed to the applicant. clude any patent term adjustment granted Director of such filing not later than 45 days ‘‘(iii) The Director shall prescribe regula- under section 154(b),’’ after ‘‘the original ex- after the date of the filing of such foreign or tions establishing the circumstances that piration date of the patent’’. international application. A failure of the constitute a failure of an applicant to engage SEC. 305. EFFECTIVE DATE. applicant to provide such notice within the in reasonable efforts to conclude processing (a) SECTIONS 302 AND 304.—The amendments prescribed period shall result in the applica- or examination of an application. made by sections 302 and 304 shall take effect tion being regarded as abandoned, unless it August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6933 is shown to the satisfaction of the Director ‘‘(2) The Director may consider the failure the duration of the period described in para- that the delay in submitting the notice was of the applicant to file a timely claim for graph (1). unintentional. priority as a waiver of any such claim. The ‘‘(4) REQUIREMENTS FOR INTERNATIONAL AP- ‘‘(iv) If a notice is made pursuant to clause Director may establish procedures, including PLICATIONS.— (iii), or the applicant rescinds a request pur- the payment of a surcharge, to accept an un- ‘‘(A) EFFECTIVE DATE.—The right under suant to clause (ii), the Director shall pub- intentionally delayed claim under this sec- paragraph (1) to obtain a reasonable royalty lish the application on or as soon as is prac- tion. based upon the publication under the treaty tical after the date that is specified in clause ‘‘(3) The Director may require a certified defined in section 351(a) of an international (i). copy of the original foreign application, application designating the United States ‘‘(v) If an applicant has filed applications specification, and drawings upon which it is shall commence on the date on which the in one or more foreign countries, directly or based, a translation if not in the English lan- Patent and Trademark Office receives a copy through a multilateral international agree- guage, and such other information as the Di- of the publication under the treaty of the ment, and such foreign filed applications rector considers necessary. Any such certifi- international application, or, if the publica- corresponding to an application filed in the cation shall be made by the foreign intellec- tion under the treaty of the international Patent and Trademark Office or the descrip- tual property authority in which the foreign application is in a language other than tion of the invention in such foreign filed ap- application was filed and show the date of English, on the date on which the Patent and plications is less extensive than the applica- the application and of the filing of the speci- Trademark Office receives a translation of tion or description of the invention in the fication and other papers.’’. the international application in the English application filed in the Patent and Trade- (b) IN THE UNITED STATES.—Section 120 of language. mark Office, the applicant may submit a re- title 35, United States Code, is amended by ‘‘(B) COPIES.—The Director may require dacted copy of the application filed in the adding at the end the following: ‘‘The Direc- the applicant to provide a copy of the inter- Patent and Trademark Office eliminating tor may determine the time period during national application and a translation there- any part or description of the invention in the pendency of the application within which of.’’. such application that is not also contained an amendment containing the specific ref- SEC. 405. PRIOR ART EFFECT OF PUBLISHED AP- in any of the corresponding applications erence to the earlier filed application is sub- PLICATIONS. filed in a foreign country. The Director may mitted. The Director may consider the fail- Section 102(e) of title 35, United States only publish the redacted copy of the appli- ure to submit such an amendment within Code, is amended to read as follows: cation unless the redacted copy of the appli- that time period as a waiver of any benefit ‘‘(e) the invention was described in— cation is not received within 16 months after under this section. The Director may estab- ‘‘(1)(A) an application for patent, published the earliest effective filing date for which a lish procedures, including the payment of a pursuant to section 122(b), by another filed benefit is sought under this title. The provi- surcharge, to accept unintentionally late in the United States before the invention by sions of section 154(d) shall not apply to a submissions of amendments under this sec- the applicant for patent, except that an claim if the description of the invention pub- tion.’’. international application filed under the lished in the redacted application filed under SEC. 404. PROVISIONAL RIGHTS. treaty defined in section 351(a) shall have the this clause with respect to the claim does Section 154 of title 35, United States Code, effect under this subsection of a national ap- not enable a person skilled in the art to is amended— plication published under section 122(b) only make and use the subject matter of the (1) in the section caption by inserting ‘‘; if the international application designating claim. provisional rights’’ after ‘‘patent’’; and the United States was published under Arti- ‘‘(c) PROTEST AND PRE-ISSUANCE OPPOSI- (2) by adding at the end the following new cle 21(2)(a) of such treaty in the English lan- TION.—The Director shall establish appro- subsection: guage, or priate procedures to ensure that no protest ‘‘(d) PROVISIONAL RIGHTS.—- ‘‘(B) a patent granted on an application for or other form of pre-issuance opposition to ‘‘(1) IN GENERAL.—In addition to other patent by another filed in the United States the grant of a patent on an application may rights provided by this section, a patent before the invention by the applicant for pat- be initiated after publication of the applica- shall include the right to obtain a reasonable ent, except that a patent shall not be deemed tion without the express written consent of royalty from any person who, during the pe- filed in the United States for the purposes of the applicant.’’. riod beginning on the date of publication of this subsection based on the filing of an (b) STUDY BY GAO.— the application for such patent pursuant to international application filed under the (1) IN GENERAL.—The Comptroller General section 122(b), or in the case of an inter- treaty defined in section 351(a), or’’. of the United States shall conduct a study of national application filed under the treaty SEC. 406. COST RECOVERY FOR PUBLICATION. applicants for patents who file only in the defined in section 351(a) designating the United States during the 3-year period begin- United States under Article 21(2)(a) of such The Director of the United States Patent ning on the effective date of this title. treaty, the date of publication of the applica- and Trademark Office shall recover the cost (2) CONTENTS.—The study conducted under tion, and ending on the date the patent is of early publication required by the amend- paragraph (1) shall— issued— ment made by section 402 by charging a sepa- (A) consider the number of such applicants ‘‘(A)(i) makes, uses, offers for sale, or sells rate publication fee after notice of allowance for patent in relation to the number of appli- in the United States the invention as is given pursuant to section 151 of title 35, cants who file in the United States and out- claimed in the published patent application United States Code. side the United States; or imports such an invention into the United SEC. 407. CONFORMING AMENDMENTS. (B) examine how many domestic-only filers States; or The following provisions of title 35, United request at the time of filing not to be pub- ‘‘(ii) if the invention as claimed in the pub- States Code, are amended: lished; lished patent application is a process, uses, (1) Section 11 is amended in paragraph 1 of (C) examine how many such filers rescind offers for sale, or sells in the United States subsection (a) by inserting ‘‘and published that request or later choose to file abroad; or imports into the United States products applications for patents’’ after ‘‘Patents’’. and made by that process as claimed in the pub- (2) Section 12 is amended— (D) examine the manner of entity seeking lished patent application; and (A) in the section caption by inserting an application and any correlation that may ‘‘(B) had actual notice of the published pat- ‘‘and applications’’ after ‘‘patents’’; and exist between such manner and publication ent application, and in a case in which the (B) by inserting ‘‘and published applica- of patent applications. right arising under this paragraph is based tions for patents’’ after ‘‘patents’’. (3) REPORT TO JUDICIARY COMMITTEES.—The upon an international application desig- (3) Section 13 is amended— Comptroller General shall submit to the nating the United States that is published in (A) in the section caption by inserting Committees on the Judiciary of the House of a language other than English, a translation ‘‘and applications’’ after ‘‘patents’’; and Representatives and the Senate the results of the international application into the (B) by inserting ‘‘and published applica- of the study conducted under this sub- English language. tions for patents’’ after ‘‘patents’’. section. ‘‘(2) RIGHT BASED ON SUBSTANTIALLY IDEN- (4) The item relating to section 122 in the SEC. 403. TIME FOR CLAIMING BENEFIT OF EAR- TICAL INVENTIONS.—The right under para- table of sections for chapter 11 is amended by LIER FILING DATE. graph (1) to obtain a reasonable royalty shall inserting ‘‘; publication of patent applica- (a) INA FOREIGN COUNTRY.—Section 119(b) not be available under this subsection unless tions’’ after ‘‘applications’’. of title 35, United States Code, is amended to the invention as claimed in the patent is (5) The item relating to section 154 in the read as follows: substantially identical to the invention as table of sections for chapter 14 is amended by ‘‘(b)(1) No application for patent shall be claimed in the published patent application. inserting ‘‘; provisional rights’’ after ‘‘pat- entitled to this right of priority unless a ‘‘(3) TIME LIMITATION ON OBTAINING A REA- ent’’. claim, identifying the foreign application by SONABLE ROYALTY.—The right under para- (6) Section 181 is amended— specifying its application number, country, graph (1) to obtain a reasonable royalty shall (A) in the first undesignated paragraph— and the day, month, and year of its filing, is be available only in an action brought not (i) by inserting ‘‘by the publication of an filed in the Patent and Trademark Office at later than 6 years after the patent is issued. application or’’ after ‘‘disclosure’’; and such time during the pendency of the appli- The right under paragraph (1) to obtain a (ii) by inserting ‘‘the publication of the ap- cation as required by the Director. reasonable royalty shall not be affected by plication or’’ after ‘‘withhold’’; H6934 CONGRESSIONAL RECORD — HOUSE August 3, 1999 (B) in the second undesignated paragraph ‘‘313. Inter partes reexamination order by Di- reexamination is based upon a request by a by inserting ‘‘by the publication of an appli- rector. third-party requester. cation or’’ after ‘‘disclosure of an inven- ‘‘314. Conduct of inter partes reexamination ‘‘(2) With the exception of the inter partes tion’’; proceedings. reexamination request, any document filed (C) in the third undesignated paragraph— ‘‘315. Appeal. by either the patent owner or the third-party (i) by inserting ‘‘by the publication of the ‘‘316. Certificate of patentability, requester shall be served on the other party. application or’’ after ‘‘disclosure of the in- unpatentability, and claim can- In addition, the third-party requester shall vention’’; and cellation. receive a copy of any communication sent by (ii) by inserting ‘‘the publication of the ap- ‘‘317. Inter partes reexamination prohibited. the Office to the patent owner concerning plication or’’ after ‘‘withhold’’; and ‘‘318. Stay of litigation. the patent subject to the inter partes reex- (D) in the fourth undesignated paragraph ‘‘§ 311. Request for inter partes reexamina- amination proceeding. by inserting ‘‘the publication of an application ‘‘(3) Each time that the patent owner files tion or’’ after ‘‘and’’ in the first sentence. ‘‘(a) IN GENERAL.—Any person at any time a response to an action on the merits from (7) Section 252 is amended in the first un- may file a request for inter partes reexam- the Patent and Trademark Office, the third- designated paragraph by inserting ‘‘substan- ination by the Office of a patent on the basis party requester shall have one opportunity tially’’ before ‘‘identical’’ each place it ap- of any prior art cited under the provisions of to file written comments addressing issues pears. section 301. raised by the action of the Office or the pat- (8) Section 284 is amended by adding at the ‘‘(b) REQUIREMENTS.—The request shall— ent owner’s response thereto, if those writ- end of the second undesignated paragraph ‘‘(1) be in writing, include the identity of ten comments are received by the Office the following: ‘‘Increased damages under this the real party in interest, and be accom- within 30 days after the date of service of the paragraph shall not apply to provisional panied by payment of an inter partes reex- patent owner’s response. rights under section 154(d) of this title.’’. amination fee established by the Director ‘‘(c) SPECIAL DISPATCH.—Unless otherwise (9) Section 374 is amended to read as fol- under section 41; and provided by the Director for good cause, all lows: ‘‘(2) set forth the pertinency and manner of inter partes reexamination proceedings under this section, including any appeal to ‘‘§ 374. Publication of international applica- applying cited prior art to every claim for the Board of Patent Appeals and Inter- tion: effect which reexamination is requested. ‘‘(c) COPY.—Unless the requesting person is ferences, shall be conducted with special dis- ‘‘The publication under the treaty defined patch within the Office. in section 351(a) of this title of an inter- the owner of the patent, the Director ‘‘§ 315. Appeal national application designating the United promptly shall send a copy of the request to States shall confer the same rights and shall the owner of record of the patent. ‘‘(a) PATENT OWNER.—The patent owner in- have the same effect under this title as an ‘‘§ 312. Determination of issue by Director volved in an inter partes reexamination proceeding under this chapter— application for patent published under sec- ‘‘(a) REEXAMINATION.—Not later than 3 tion 122(b), except as provided in sections months after the filing of a request for inter ‘‘(1) may appeal under the provisions of 102(e) and 154(d).’’. partes reexamination under section 311, the section 134, and may appeal under the provisions of sections 141 through 144, with re- SEC. 408. EFFECTIVE DATE. Director shall determine whether a substantial new question of patentability affecting spect to any decision adverse to the patent- This title and the amendments made by ability of any original or proposed amended this title, shall take effect on the date that any claim of the patent concerned is raised by the request, with or without consider- or new claim of the patent; and is 1 year after the date of the enactment of ‘‘(2) may be a party to any appeal taken by this Act and shall apply to all applications ation of other patents or printed publications. On the Director’s initiative, and any a third-party requester under subsection (b). filed under section 111 of title 35, United ‘‘(b) THIRD-PARTY REQUESTER.—A third- time, the Director may determine whether a States Code, on or after that date, and all party requester may— substantial new question of patentability is applications complying with section 371 of ‘‘(1) appeal under the provisions of section raised by patents and publications. title 35, United States Code, that resulted 134 with respect to any final decision favor- from international applications filed on or ‘‘(b) RECORD.—A record of the Director’s determination under subsection (a) shall be able to the patentability of any original or after that date. The amendments made by proposed amended or new claim of the pat- sections 404 and 405 shall apply to any such placed in the official file of the patent, and a copy shall be promptly given or mailed to ent; or application voluntarily published by the ap- ‘‘(2) be a party to any appeal taken by the plicant under procedures established under the owner of record of the patent and to the third-party requester, if any. patent owner under the provisions of section this title that is pending on the date that is 134, subject to subsection (c). ‘‘(c) FINAL DECISION.—A determination by 1 year after the date of enactment of this ‘‘(c) CIVIL ACTION.—A third-party requester the Director pursuant to subsection (a) shall Act. The amendment made by section 404 whose request for an inter partes reexamina- be final and nonappealable. Upon a deter- shall also apply to international applications tion results in an order under section 313 is mination that no substantial new question of designating the United States that are filed estopped from asserting at a later time, in patentability has been raised, the Director on or after the date that is 1 year after the any civil action arising in whole or in part may refund a portion of the inter partes re- date of the enactment of this Act. under section 1338 of title 28, the invalidity examination fee required under section 311. TITLE V—OPTIONAL INTER PARTES of any claim finally determined to be valid REEXAMINATION PROCEDURE ‘‘§ 313. Inter partes reexamination order by and patentable on any ground which the Director SEC. 501. SHORT TITLE. third-party requester raised or could have This title may be cited as the ‘‘Optional ‘‘If, in a determination made under section raised during the inter partes reexamination Inter Partes Reexamination Procedure Act’’. 312(a), the Director finds that a substantial proceedings. This subsection does not pre- new question of patentability affecting a vent the assertion of invalidity based on SEC. 502. EX PARTE REEXAMINATION OF PAT- claim of a patent is raised, the determina- ENTS. newly discovered prior art unavailable to the tion shall include an order for inter partes Chapter 30 of title 35, United States Code, third-party requester and the Patent and reexamination of the patent for resolution of is amended in the title by inserting ‘‘ Trademark Office at the time of the inter EX the question. The order may be accompanied ’’ before ‘‘ partes reexamination proceedings. PARTE REEXAMINATION OF PAT- by the initial action of the Patent and ENTS’’. ‘‘§ 316. Certificate of patentability, Trademark Office on the merits of the inter unpatentability, and claim cancellation SEC. 503. DEFINITIONS. partes reexamination conducted in accord- ‘‘(a) IN GENERAL.—In an inter partes reex- Section 100 of title 35, United States Code, ance with section 314. is amended by adding at the end the fol- amination proceeding under this chapter, ‘‘§ 314. Conduct of inter partes reexamination lowing new subsection: when the time for appeal has expired or any proceedings ‘‘(e) The term ‘third-party requester’ appeal proceeding has terminated, the Direc- means a person requesting ex parte reexam- ‘‘(a) IN GENERAL.—Subject to subsection tor shall issue and publish a certificate can- ination under section 302 or inter partes (b), reexamination shall be conducted ac- celing any claim of the patent finally deter- reexaminaiton under section 311 who is not cording to the procedures established for ini- mined to be unpatentable, confirming any the patent owner.’’. tial examination under the provisions of sec- claim of the patent determined to be patent- tions 132 and 133, except as provided for able, and incorporating in the patent any SEC. 504. OPTIONAL INTER PARTES REEXAMINA- TION PROCEDURES. under this section. In any inter partes reex- proposed amended or new claim determined amination proceeding under this chapter, the to be patentable. (a) IN GENERAL.—Part 3 of title 35, United patent owner shall be permitted to propose ‘‘(b) AMENDED OR NEW CLAIM.—Any pro- Stats Code, is amended by adding after chap- any amendment to the patent and a new posed amended or new claim determined to ter 30 the following new chapter: claim or claims, except that no proposed be patentable and incorporated into a patent ‘‘CHAPTER 31—OPTIONAL INTER PARTES amended or new claim enlarging the scope of following an inter partes reexamination pro- REEXAMINATION PROCEDURES the claims of the patent shall be permitted. ceeding shall have the same effect as that ‘‘Sec. ‘‘(b) RESPONSE.—(1) This subsection shall specified in section 252 of this title for re- ‘‘311. Request for inter partes reexamination. apply to any inter partes reexamination pro- issued patents on the right of any person ‘‘312. Determination of issue by Director. ceeding in which the order for inter partes who made, purchased, or used within the August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6935 United States, or imported into the United rejected, may appeal from the decision of the ‘‘§ 1. Establishment States, anything patented by such proposed primary examiner to the Board of Patent Ap- ‘‘(a) ESTABLISHMENT.—The United States amended or new claim, or who made substan- peals and Interferences, having once paid the Patent and Trademark Office is established tial preparation for the same, prior to fee for such appeal. as an agency of the United States, within the issuance of a certificate under the provisions ‘‘(b) PATENT OWNER.—A patent owner in Department of Commerce. In carrying out of subsection (a) of this section. any inter partes reexamination proceeding its functions, the United States Patent and ‘‘§ 317. Inter partes reexamination prohibited may appeal from the final rejection of any Trademark Office shall be subject to the pol- ‘‘(a) ORDER FOR REEXAMINATION.—Notwith- claim by the primary examiner to the Board icy direction of the Secretary of Commerce, standing any provision of this chapter, once of Patent Appeals and Interferences, having but otherwise shall retain responsibility for an order for inter partes reexamination of a once paid the fee for such appeal. decisions regarding the management and ad- patent has been issued under section 313, nei- ‘‘(c) THIRD-PARTY.—A third-party re- ministration of its operations and shall exer- ther the patent owner nor the third-party requester in an inter partes proceeding may cise independent control of its budget alloca- quester, if any, nor privies of either, may file appeal to the Board of Patent Appeals and tions and expenditures, personnel decisions a subsequent request for inter partes reex- Interferences from the final decision of the and processes, procurements, and other ad- amination of the patent until an inter partes primary examiner favorable to the patent- ministrative and management functions in reexamination certificate is issued and pub- ability of any original or proposed amended accordance with this title and applicable lished under section 316, unless authorized by or new claim of a patent, having once paid provisions of law. Those operations designed the Director. the fee for such appeal. The third-party re- to grant and issue patents and those oper- ‘‘(b) FINAL DECISION.—Once a final decision quester may not appeal the decision of the ations which are designed to facilitate the has been entered against a party in a civil Board of Patent Appeals and Interferences.’’. registration of trademarks shall be treated action arising in whole or in part under sec- (c) APPEAL TO COURT OF APPEALS FOR THE as separate operating units within the Office. tion 1338 of title 28 that the party has not FEDERAL CIRCUIT.—Section 141 of title 35, ‘‘(b) OFFICES.—The United States Patent sustained its burden of proving the inva- United States Code, is amended by adding and Trademark Office shall maintain its lidity of any patent claim in suit or if a final the following after the second sentence: ‘‘A principal office in the metropolitan Wash- decision in an inter partes reexamination patent owner in any reexamination pro- ington, DC, area, for the service of process proceeding instituted by a third-party re- ceeding dissatisfied with the final decision in and papers and for the purpose of carrying quester is favorable to the patentability of an appeal to the Board of Patent Appeals and out its functions. The United States Patent any original or proposed amended or new Interferences under section 134 may appeal and Trademark Office shall be deemed, for claim of the patent then neither that party the decision only to the United States Court purposes of venue in civil actions, to be a nor its privies may thereafter request inter of Appeals for the Federal Circuit.’’. resident of the district in which its principal partes reexamination of any such patent (d) PROCEEDINGS ON APPEAL.—Section 143 office is located, except where jurisdiction is claim on the basis of issues which that party of title 35, United States Code, is amended by otherwise provided by law. The United or its privies raised or could have raised in amending the third sentence to read as fol- States Patent and Trademark Office may es- such civil action or inter partes reexamina- lows: ‘‘In ex parte and reexamination cases, tablish satellite offices in such other places tion proceeding, and an inter partes reexam- the Director shall submit to the court in in the United States as it considers nec- ination requested by that party or its privies writing the grounds for the decision of the essary and appropriate in the conduct of its on the basis of such issues may not there- Patent and Trademark Office, addressing all business. after be maintained by the Office, notwith- the issues involved in the appeal.’’. ‘‘(c) REFERENCE.—For purposes of this standing any other provision of this chapter. (e) CIVIL ACTION TO OBTAIN PATENT.—Sec- title, the United States Patent and Trade- This subsection does not prevent the assertion 145 of title 35, United States Code, is mark Office shall also be referred to as the tion of invalidity based on newly discovered amended in the first sentence by inserting ‘Office’ and the ‘Patent and Trademark Of- prior art unavailable to the third-party re- ‘‘(a)’’ after ‘‘section 134’’. fice’.’’. quester and the Patent and Trademark Of- SEC. 506. REPORT TO CONGRESS. SEC. 612. POWERS AND DUTIES. fice at the time of the inter partes reexam- Not later than 5 years after the effective Section 2 of title 35, United States Code, is ination proceedings. date of this title, the Director of the United amended to read as follows: ‘‘§ 318. Stay of litigation States Patent and Trademark Office shall ‘‘§ 2. Powers and duties ‘‘Once an order for inter partes reexamina- submit to the Congress a report evaluating ‘‘(a) IN GENERAL.—The United States Pat- tion of a patent has been issued under sec- whether the inter partes reexamination pro- ent and Trademark Office, subject to the pol- tion 313, the patent owner may obtain a stay ceedings established under the amendments icy direction of the Secretary of Commerce— of any pending litigation which involves an made by this title are inequitable to any of ‘‘(1) shall be responsible for the granting issue of patentability of any claims of the the parties in interest and, if so, the report and issuing of patents and the registration of patent which are the subject of the inter shall contain recommendations for changes trademarks; and partes reexamination order, unless the court to the amendments made by this title to re- ‘‘(2) shall be responsible for disseminating before which such litigation is pending de- move such inequity. to the public information with respect to termines that a stay would not serve the in- SEC. 507. ESTOPPEL EFFECT OF REEXAMINA- patents and trademarks. terests of justice.’’. TION. ‘‘(b) SPECIFIC POWERS.—The Office— (b) CONFORMING AMENDMENTS.—The table Any party who requests an inter partes re- ‘‘(1) shall adopt and use a seal of the Office, of chapters for part III of title 35, United examination under section 311 of title 35, which shall be judicially noticed and with States Code, is amended by striking the item United States Code, is estopped from chal- which letters patent, certificates of trade- relating to chapter 30 and inserting the fol- lenging at a later time, in any civil action, mark registrations, and papers issued by the lowing: any fact determined during the process of Office shall be authenticated; ‘‘30. Prior Art Citations to Office and such reexamination, except with respect to a ‘‘(2) may establish regulations, not incon- Ex Parte Reexamination of Pat- fact determination later proved to be erro- sistent with law, which— ents ...... 301 neous based on information unavailable at ‘‘(A) shall govern the conduct of pro- ‘‘ 31. Optional Inter Partes Reexam- the time of the inter partes reexamination ceedings in the Office; ...... ination of Patents 311’’. decision. If this section is held to be unen- ‘‘(B) shall be made in accordance with sec- SEC. 505. CONFORMING AMENDMENTS. forceable, the enforceability of the rest of tion 553 of title 5; (a) PATENT FEES; PATENT SEARCH SYS- this title or of this Act shall not be denied as ‘‘(C) shall facilitate and expedite the proc- TEMS.—Section 41(a)(7) of title 35, United a result. essing of patent applications, particularly States Code, is amended to read as follows: SEC. 508. EFFECTIVE DATE. those which can be filed, stored, processed, ‘‘(7) On filing each petition for the revival This title and the amendments made by searched, and retrieved electronically, sub- of an unintentionally abandoned application this title shall take effect on the date that is ject to the provisions of section 122 relating for a patent, for the unintentionally delayed 1 year after the date of the enactment of this to the confidential status of applications; payment of the fee for issuing each patent, Act and shall apply to inter partes reexam- ‘‘(D) may govern the recognition and con- or for an unintentionally delayed response ination requests filed on or after such date. duct of agents, attorneys, or other persons by the patent owner in a reexamination pro- TITLE VI—PATENT AND TRADEMARK representing applicants or other parties be- ceeding, $1,210, unless the petition is filed OFFICE fore the Office, and may require them, before under section 133 or 151 of this title, in which being recognized as representatives of appli- SEC. 601. SHORT TITLE. case the fee shall be $110.’’. cants or other persons, to show that they are (b) APPEAL TO THE BOARD OF PATENT AP- This title may be cited as the ‘‘Patent and of good moral character and reputation and PEALS AND INTERFERENCES.—Section 134 of Trademark Office Efficiency Act’’. are possessed of the necessary qualifications title 35, United States Code, is amended to Subtitle A—United States Patent and to render to applicants or other persons val- read as follows: Trademark Office uable service, advice, and assistance in the ‘‘§ 134. Appeal to the Board of Patent Appeals SEC. 611. ESTABLISHMENT OF PATENT AND presentation or prosecution of their applica- and Interferences TRADEMARK OFFICE. tions or other business before the Office; ‘‘(a) PATENT APPLICANT.—An applicant for Section 1 of title 35, United States Code, is ‘‘(E) shall recognize the public interest in a patent, any of whose claims has been twice amended to read as follows: continuing to safeguard broad access to the H6936 CONGRESSIONAL RECORD — HOUSE August 3, 1999

United States patent system through the re- studies cooperatively with foreign intellec- ‘‘(3) OATH.—The Director shall, before tak- duced fee structure for small entities under tual property offices and international inter- ing office, take an oath to discharge faith- section 41(h)(1) of this title; and governmental organizations; and fully the duties of the Office. ‘‘(F) provide for the development of a per- ‘‘(B) with the concurrence of the Secretary ‘‘(4) REMOVAL.—The Director may be re- formance-based process that includes quan- of State, may authorize the transfer of not moved from office by the President. The titative and qualitative measures and stand- to exceed $100,000 in any year to the Depart- President shall provide notification of any ards for evaluating cost-effectiveness and is ment of State for the purpose of making spe- such removal to both Houses of Congress. consistent with the principles of impar- cial payments to international intergovern- ‘‘(b) OFFICERS AND EMPLOYEES OF THE OF- tiality and competitiveness; mental organizations for studies and pro- FICE.— ‘‘(3) may acquire, construct, purchase, grams for advancing international coopera- ‘‘(1) DEPUTY UNDER SECRETARY AND DEPUTY lease, hold, manage, operate, improve, alter, tion concerning patents, trademarks, and DIRECTOR.—The Secretary of Commerce, and renovate any real, personal, or mixed other matters. upon nomination by the Director, shall ap- property, or any interest therein, as it con- ‘‘(c) CLARIFICATION OF SPECIFIC POWERS.— point a Deputy Under Secretary of Com- siders necessary to carry out its functions; (1) The special payments under subsection merce for Intellectual Property and Deputy ‘‘(4)(A) may make such purchases, con- (b)(13)(B) shall be in addition to any other Director of the United States Patent and tracts for the construction, maintenance, or payments or contributions to international Trademark Office who shall be vested with management and operation of facilities, and organizations described in subsection the authority to act in the capacity of the contracts for supplies or services, without (b)(13)(B) and shall not be subject to any lim- Director in the event of the absence or inca- regard to the provisions of the Federal Prop- itations imposed by law on the amounts of pacity of the Director. The Deputy Director erty and Administrative Services Act of 1949 such other payments or contributions by the shall be a citizen of the United States who (40 U.S.C. 471 and following), the Public United States Government. has a professional background and experi- Buildings Act (40 U.S.C. 601 and following), ‘‘(2) Nothing in subsection (b) shall dero- ence in patent or trademark law. and the Stewart B. McKinney Homeless As- gate from the duties of the Secretary of ‘‘(2) COMMISSIONERS.— sistance Act (42 U.S.C.11301 and following); State or from the duties of the United States ‘‘(A) APPOINTMENT AND DUTIES.—The Sec- and Trade Representative as set forth in section retary of Commerce shall appoint a Commis- ‘‘(B) may enter into and perform such pur- 141 of the Trade Act of 1974 (19 U.S.C. 2171). sioner for Patents and a Commissioner for chases and contracts for printing services, ‘‘(3) Nothing in subsection (b) shall dero- Trademarks, without regard to chapter 33, including the process of composition, gate from the duties and functions of the 51, or 53 of title 5. The Commissioner for Pat- platemaking, presswork, silk screen proc- Register of Copyrights or otherwise alter ents shall be a citizen of the United States esses, binding, microform, and the products current authorities relating to copyright with demonstrated management ability and of such processes, as it considers necessary matters. professional background and experience in to carry out the functions of the Office, ‘‘(4) In exercising the Director’s powers patent law and serve for a term of 5 years. without regard to sections 501 through 517 under paragraphs (3) and (4)(A) of subsection The Commissioner for Trademarks shall be a and 1101 through 1123 of title 44; (b), the Director shall consult with the Ad- citizen of the United States with dem- ‘‘(5) may use, with their consent, services, ministrator of General Services. onstrated management ability and profes- equipment, personnel, and facilities of other ‘‘(d) CONSTRUCTION.—Nothing in this sec- sional background and experience in trade- departments, agencies, and instrumental- tion shall be construed to nullify, void, can- mark law and serve for a term of 5 years. ities of the Federal Government, on a reim- cel, or interrupt any pending request-for-pro- The Commissioner for Patents and the Com- bursable basis, and cooperate with such posal let or contract issued by the General missioner for Trademarks shall serve as the other departments, agencies, and instrumen- Services Administration for the specific pur- chief operating officers for the operations of talities in the establishment and use of serv- pose of relocating or leasing space to the the Office relating to patents and trade- ices, equipment, and facilities of the Office; United States Patent and Trademark Of- marks, respectively, and shall be responsible ‘‘(6) may, when the Director determines fice.’’. for the management and direction of all aspects of the activities of the Office that af- that it is practicable, efficient, and cost-ef- SEC. 613. ORGANIZATION AND MANAGEMENT. fect the administration of patent and trade- fective to do so, use, with the consent of the Section 3 of title 35, United States Code, is mark operations, respectively. The Sec- United States and the agency, instrumen- amended to read as follows: tality, patent and trademark office, or inter- retary may reappoint a Commissioner to national organization concerned, the serv- ‘‘§ 3. Officers and employees subsequent terms of 5 years as long as the ices, records, facilities, or personnel of any ‘‘(a) UNDER SECRETARY AND DIRECTOR.— performance of the Commissioner as set State or local government agency or instru- ‘‘(1) IN GENERAL.—The powers and duties of forth in the performance agreement in sub- mentality or foreign patent and trademark the United States Patent and Trademark Of- paragraph (B) is satisfactory. office or international organization to per- fice shall be vested in an Under Secretary of ‘‘(B) SALARY AND PERFORMANCE AGREE- form functions on its behalf; Commerce for Intellectual Property and Di- MENT.—The Commissioners shall be paid an ‘‘(7) may retain and use all of its revenues rector of the United States Patent and annual rate of basic pay not to exceed the and receipts, including revenues from the Trademark Office (in this title referred to as maximum rate of basic pay for the Senior sale, lease, or disposal of any real, personal, the ‘Director’), who shall be a citizen of the Executive Service established under section or mixed property, or any interest therein, of United States and who shall be appointed by 5382 of title 5, including any applicable local- the Office; the President, by and with the advice and ity-based comparability payment that may ‘‘(8) shall advise the President, through the consent of the Senate. The Director shall be be authorized under section 5304(h)(2)(C) of Secretary of Commerce, on national and cer- a person who has a professional background title 5. The compensation of the Commis- tain international intellectual property pol- and experience in patent or trademark law. sioners shall be considered, for purposes of icy issues; ‘‘(2) DUTIES.— section 207(c)(2)(A) of title 18, to be the ‘‘(9) shall advise Federal departments and ‘‘(A) IN GENERAL.—The Director shall be re- equivalent of that described under clause (ii) agencies on matters of intellectual property sponsible for providing policy direction and of section 207(c)(2)(A) of title 18. In addition, policy in the United States and intellectual management supervision for the Office and the Commissioners may receive a bonus in property protection in other countries; for the issuance of patents and the registra- an amount of up to, but not in excess of, 50 ‘‘(10) shall provide guidance, as appro- tion of trademarks. The Director shall per- percent of the Commissioner’s annual rate of priate, with respect to proposals by agencies form these duties in a fair, impartial, and eq- basic pay, based upon an evaluation by the to assist foreign governments and inter- uitable manner. Secretary of Commerce, acting through the national intergovernmental organizations on ‘‘(B) CONSULTING WITH THE PUBLIC ADVISORY Director, of the Commissioners’ performance matters of intellectual property protection; COMMITTEES.—The Director shall consult as defined in an annual performance agree- ‘‘(11) may conduct programs, studies, or ex- with the Patent Public Advisory Committee ment between the Commissioners and the changes of items or services regarding do- established in section 5 on a regular basis on Secretary. The annual performance agree- mestic and international intellectual prop- matters relating to the patent operations of ments shall incorporate measurable organi- erty law and the effectiveness of intellectual the Office, shall consult with the Trademark zation and individual goals in key oper- property protection domestically and Public Advisory Committee established in ational areas as delineated in an annual per- throughout the world; section 5 on a regular basis on matters relat- formance plan agreed to by the Commis- ‘‘(12)(A) shall advise the Secretary of Com- ing to the trademark operations of the Of- sioners and the Secretary. Payment of a merce on programs and studies relating to fice, and shall consult with the respective bonus under this subparagraph may be made intellectual property policy that are con- Public Advisory Committee before submit- to the Commissioners only to the extent ducted, or authorized to be conducted, coop- ting budgetary proposals to the Office of that such payment does not cause the Com- eratively with foreign intellectual property Management and Budget or changing or pro- missioners’ total aggregate compensation in offices and international intergovernmental posing to change patent or trademark user a calendar year to equal or exceed the organizations; and fees or patent or trademark regulations amount of the salary of the Vice President ‘‘(B) may conduct programs and studies de- which are subject to the requirement to pro- under section 104 of title 3. scribed in subparagraph (A); and vide notice and opportunity for public com- ‘‘(C) REMOVAL.—The Commissioners may ‘‘(13)(A) in coordination with the Depart- ment pursuant to section 553 of title 5, as the be removed from office by the Secretary for ment of State, may conduct programs and case may be. misconduct or nonsatisfactory performance August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6937 under the performance agreement described the date on which a Commissioner for Pat- Public Advisory Committee, and with re- in subparagraph (B), without regard to the ents is appointed under subsection (b). spect to Trademarks, in the case of the provisions of title 5. The Secretary shall pro- ‘‘(B) The individual serving as the Assist- Trademark Public Advisory Committee, and vide notification of any such removal to both ant Commissioner for Trademarks on the advise the Director on these matters; Houses of Congress. day before the effective date of the Patent ‘‘(2) within 60 days after the end of each ‘‘(3) OTHER OFFICERS AND EMPLOYEES.—The and Trademark Office Efficiency Act may fiscal year— Director shall— serve as the Commissioner for Trademarks ‘‘(A) prepare an annual report on the mat- ‘‘(A) appoint such officers, employees (in- until the date on which a Commissioner for ters referred to in paragraph (1); cluding attorneys), and agents of the Office Trademarks is appointed under subsection ‘‘(B) transmit the report to the Secretary as the Director considers necessary to carry (b).’’. of Commerce, the President, and the Com- out the functions of the Office; and SEC. 614. PUBLIC ADVISORY COMMITTEES. mittees on the Judiciary of the Senate and ‘‘(B) define the title, authority, and duties Chapter 1 of part I of title 35, United States the House of Representatives; and of such officers and employees and delegate Code, is amended by inserting after section 4 ‘‘(C) publish the report in the Official Ga- to them such of the powers vested in the Of- the following: zette of the United States Patent and Trade- fice as the Director may determine. ‘‘§ 5. Patent and Trademark Office Public Ad- mark Office. The Office shall not be subject to any admin- ‘‘(e) COMPENSATION.—Each member of each visory Committees istratively or statutorily imposed limitation Advisory Committee shall be compensated on positions or personnel, and no positions ‘‘(a) ESTABLISHMENT OF PUBLIC ADVISORY for each day (including travel time) during or personnel of the Office shall be taken into COMMITTEES.— which such member is attending meetings or account for purposes of applying any such ‘‘(1) APPOINTMENT.—The United States Pat- conferences of that Advisory Committee or limitation. ent and Trademark Office shall have a Pat- otherwise engaged in the business of that ent Public Advisory Committee and a Trade- ‘‘(4) TRAINING OF EXAMINERS.—The Office Advisory Committee, at the rate which is shall submit to the Congress a proposal to mark Public Advisory Committee, each of the daily equivalent of the annual rate of provide an incentive program to retain as which shall have 9 voting members who shall basic pay in effect for level III of the Execu- employees patent and trademark examiners be appointed by the Secretary of Commerce tive Schedule under section 5314 of title 5. of the primary examiner grade or higher who and serve at the pleasure of the Secretary of While away from such member’s home or are eligible for retirement, for the sole pur- Commerce. Members of each Public Advisory regular place of business such member shall pose of training patent and trademark exam- Committee shall be appointed for a term of 3 be allowed travel expenses, including per iners. years, except that of the members first ap- diem in lieu of subsistence, as authorized by ‘‘(c) CONTINUED APPLICABILITY OF TITLE 5.— pointed, 3 shall be appointed for a term of 1 section 5703 of title 5. Officers and employees of the Office shall be year, and 3 shall be appointed for a term of ‘‘(f) ACCESS TO INFORMATION.—Members of subject to the provisions of title 5 relating to 2 years. In making appointments to each each Advisory Committee shall be provided Federal employees. Committee, the Secretary of Commerce shall access to records and information in the ‘‘(d) ADOPTION OF EXISTING LABOR AGREE- consider the risk of loss of competitive ad- United States Patent and Trademark Office, MENTS.—The Office shall adopt all labor vantage in international commerce or other except for personnel or other privileged in- agreements which are in effect, as of the day harm to United States companies as a result formation and information concerning pat- before the effective date of the Patent and of such appointments. ent applications required to be kept in con- Trademark Office Efficiency Act, with re- ‘‘(2) CHAIR.—The Secretary shall designate fidence by section 122. spect to such Office (as then in effect). a chair of each Advisory Committee, whose ‘‘(g) APPLICABILITY OF CERTAIN ETHICS ARRYOVER OF ERSONNEL ‘‘(e) C P .— term as chair shall be for 3 years. LAWS.—Members of each Advisory Com- ‘‘(1) FROM PTO.—Effective as of the effec- ‘‘(3) TIMING OF APPOINTMENTS.—Initial ap- mittee shall be special Government employ- tive date of the Patent and Trademark Office pointments to each Advisory Committee ees within the meaning of section 202 of title Efficiency Act, all officers and employees of shall be made within 3 months after the ef- 18. the Patent and Trademark Office on the day fective date of the Patent and Trademark Of- ‘‘(h) INAPPLICABILITY OF FEDERAL ADVISORY before such effective date shall become offi- fice Efficiency Act. Vacancies shall be filled COMMITTEE ACT.—The Federal Advisory cers and employees of the Office, without a within 3 months after they occur. Committee Act (5 U.S.C. App.) shall not break in service. ‘‘(b) BASIS FOR APPOINTMENTS.—Members apply to each Advisory Committee. ‘‘(2) OTHER PERSONNEL.—Any individual of each Advisory Committee— ‘‘(i) OPEN MEETINGS.—The meetings of each who, on the day before the effective date of ‘‘(1) shall be citizens of the United States Advisory Committee shall be open to the the Patent and Trademark Office Efficiency who shall be chosen so as to represent the in- public, except that each Advisory Committee Act, is an officer or employee of the Depart- terests of diverse users of the United States may by majority vote meet in executive ses- ment of Commerce (other than an officer or Patent and Trademark Office with respect to sion when considering personnel or other employee under paragraph (1)) shall be trans- patents, in the case of the Patent Public Ad- confidential information.’’. ferred to the Office, as necessary to carry visory Committee, and with respect to trade- SEC. 615. PATENT AND TRADEMARK OFFICE out the purposes of this Act, if— marks, in the case of the Trademark Public FUNDING. ‘‘(A) such individual serves in a position Advisory Committee; Section 42(c) of title 35, United States for which a major function is the perform- ‘‘(2) shall include members who represent Code, is amended in the second sentence— ance of work reimbursed by the Patent and small and large entity applicants located in (1) by striking ‘‘Fees available’’ and insert- Trademark Office, as determined by the Sec- the United States in proportion to the num- ing ‘‘All fees available’’; and retary of Commerce; ber of applications filed by such applicants, (2) by striking ‘‘may’’ and inserting ‘‘(B) such individual serves in a position but in no case shall members who represent ‘‘shall’’. that performed work in support of the Pat- small entity patent applicants, including SEC. 616. CONFORMING AMENDMENTS. ent and Trademark Office during at least small business concerns, independent inven- (a) DUTIES.—Chapter 1 of title 35, United half of the incumbent’s work time, as deter- tors, and nonprofit organizations, constitute States Code, is amended by striking section mined by the Secretary of Commerce; or less than 25 percent of the members of the 6. ‘‘(C) such transfer would be in the interest Patent Public Advisory Committee, and such (b) REGULATIONS FOR AGENTS AND ATTOR- of the Office, as determined by the Secretary members shall include at least 1 independent NEYS.—Section 31 of title 35, United States of Commerce in consultation with the Direc- inventor; and Code, and the item relating to such section tor. ‘‘(3) shall include individuals with substan- in the table of sections for chapter 3 of title Any transfer under this paragraph shall be tial background and achievement in finance, 35, United States Code, are repealed. effective as of the same effective date as re- management, labor relations, science, tech- (c) SUSPENSION OR EXCLUSION FROM PRAC- ferred to in paragraph (1), and shall be made nology, and office automation. TICE.—Section 32 of title 35, United States without a break in service. In addition to the voting members, each Ad- Code, is amended by striking ‘‘31’’ and in- ‘‘(f) TRANSITION PROVISIONS.— visory Committee shall include a representa- serting ‘‘2(b)(2)(D)’’. ‘‘(1) INTERIM APPOINTMENT OF DIRECTOR.— tive of each labor organization recognized by SEC. 617. TRADEMARK TRIAL AND APPEAL On or after the effective date of the Patent the United States Patent and Trademark Of- BOARD. and Trademark Office Efficiency Act, the fice. Such representatives shall be nonvoting Section 17 of the Act of July 5, 1946 (com- President shall appoint an individual to members of the Advisory Committee to monly referred to as the ‘‘Trademark Act of serve as the Director until the date on which which they are appointed. 1946’’) (15 U.S.C. 1067) is amended to read as a Director qualifies under subsection (a). The ‘‘(c) MEETINGS.—Each Advisory Committee follows: President shall not make more than one shall meet at the call of the chair to consider ‘‘SEC. 17. (a) In every case of interference, such appointment under this subsection. an agenda set by the chair. opposition to registration, application to ‘‘(2) CONTINUATION IN OFFICE OF CERTAIN OF- ‘‘(d) DUTIES.—Each Advisory Committee register as a lawful concurrent user, or appli- FICERS.—(A) The individual serving as the shall— cation to cancel the registration of a mark, Assistant Commissioner for Patents on the ‘‘(1) review the policies, goals, perform- the Director shall give notice to all parties day before the effective date of the Patent ance, budget, and user fees of the United and shall direct a Trademark Trial and Ap- and Trademark Office Efficiency Act may States Patent and Trademark Office with repeal Board to determine and decide the reserve as the Commissioner for Patents until spect to patents, in the case of the Patent spective rights of registration. H6938 CONGRESSIONAL RECORD — HOUSE August 3, 1999 ‘‘(b) The Trademark Trial and Appeal United States Patent and Trademark Office (11) Section 157(d) of title 35, United States Board shall include the Director, the Com- shall conduct a study of alternative fee Code, is amended by striking ‘‘Secretary of missioner for Patents, the Commissioner for structures that could be adopted by the Commerce’’ and inserting ‘‘Director’’. Trademarks, and administrative trademark United States Patent and Trademark Office (12) Section 202(a) of title 35, United States judges who are appointed by the Director.’’. to encourage maximum participation by the Code, is amended— SEC. 618. BOARD OF PATENT APPEALS AND inventor community in the United States. (A) by striking ‘‘iv)’’ and inserting ‘‘(iv)’’; INTERFERENCES. The Director shall submit to the Committees and Chapter 1 of title 35, United States Code, is on the Judiciary of the House of Representa- (B) by striking the second period after amended— tives and the Senate a report on the study ‘‘Department of Energy’’ at the end of the (1) by striking section 7 and redesignating not later than 1 year after the date of the en- first sentence. sections 8 through 14 as sections 7 through actment of this Act. (b) OTHER PROVISIONS OF LAW.— (1)(A) Section 45 of the Act of July 5, 1946 13, respectively; and Subtitle B—Effective Date; Technical (commonly referred to as the ‘‘Trademark (2) by inserting after section 5 the fol- Amendments lowing: Act of 1946’’; 15 U.S.C. 1127), is amended by SEC. 631. EFFECTIVE DATE. striking ‘‘The term ‘Commissioner’’ means ‘‘§ 6. Board of Patent Appeals and Inter- This title and the amendments made by the Commissioner of Patents and Trade- ferences this title shall take effect 4 months after the marks.’ and inserting ‘‘The term ‘Director’ ‘‘(a) ESTABLISHMENT AND COMPOSITION.— date of the enactment of this Act. means the Director of the United States Pat- There shall be in the United States Patent SEC. 632. TECHNICAL AND CONFORMING AMEND- ent and Trademark Office.’’. and Trademark Office a Board of Patent Ap- MENTS. (B) The Act of July 5, 1946 (commonly re- peals and Interferences. The Director, the (a) AMENDMENTS TO TITLE 35.— ferred to as the ‘‘Trademark Act of 1946’’; 15 Commissioner for Patents, the Commis- (1) The item relating to part I in the table U.S.C. 1051 and following), except for section sioner for Trademarks, and the administra- of parts for chapter 35, United States Code, is 17, as amended by section 617 of this Act, is tive patent judges shall constitute the amended to read as follows: amended by striking ‘‘Commissioner’’ each Board. The administrative patent judges ‘‘I. United States Patent and Trade- place it appears and inserting ‘‘Director’’. shall be persons of competent legal knowl- mark Office ...... 1’’. (2) Section 500(e) of title 5, United States edge and scientific ability who are appointed (2) The heading for part I of title 35, United Code, is amended by striking ‘‘Patent Office’’ by the Director. States Code, is amended to read as follows: and inserting ‘‘United States Patent and ‘‘(b) DUTIES.—The Board of Patent Appeals Trademark Office’’. and Interferences shall, on written appeal of ‘‘PART I—UNITED STATES PATENT AND (3) Section 5102(c)(23) of title 5, United an applicant, review adverse decisions of ex- TRADEMARK OFFICE’’. States Code, is amended to read as follows: aminers upon applications for patents and (3) The table of chapters for part I of title ‘‘(23) administrative patent judges and des- shall determine priority and patentability of 35, United States Code, is amended by ignated administrative patent judges in the invention in interferences declared under amending the item relating to chapter 1 to United States Patent and Trademark Of- section 135(a). Each appeal and interference read as follows: fice;’’. shall be heard by at least 3 members of the ‘‘1. Establishment, Officers and Em- (4) Section 5316 of title 5, United States Board, who shall be designated by the Direc- ployees, Functions ...... 1’’. Code (5 U.S.C. 5316) is amended by striking tor. Only the Board of Patent Appeals and (4) The table of sections for chapter 1 of ‘‘Commissioner of Patents, Department of Interferences may grant rehearings.’’. title 35, United States Code, is amended to Commerce.’’, ‘‘Deputy Commissioner of Pat- SEC. 619. ANNUAL REPORT OF DIRECTOR. read as follows: ents and Trademarks.’’, ‘‘Assistant Commis- sioner for Patents.’’, and ‘‘Assistant Com- Section 13 of title 35, United States Code, ‘‘CHAPTER 1—ESTABLISHMENT, OFFICERS missioner for Trademarks.’’. as redesignated by section 618 of this Act, is AND EMPLOYEES, FUNCTIONS amended to read as follows: (5) Section 9(p)(1)(B) of the Small Business ‘‘Sec. Act (15 U.S.C. 638(p)(1)(B)) is amended to read ‘‘§ 13. Annual report to Congress ‘‘1. Establishment. as follows: ‘‘The Director shall report to the Congress, ‘‘2. Powers and duties. ‘‘(B) the Director of the United States Pat- not later than 180 days after the end of each ‘‘3. Officers and employees. ent and Trademark Office; and’’. fiscal year, the moneys received and ex- ‘‘4. Restrictions on officers and employees as (6) Section 12 of the Act of February 14, pended by the Office, the purposes for which to interest in patents. 1903 (15 U.S.C. 1511) is amended— the moneys were spent, the quality and ‘‘5. Patent and Trademark Office Public Ad- (A) by striking ‘‘(d) Patent and Trademark quantity of the work of the Office, the na- visory Committees. Office;’’ and inserting ture of training provided to examiners, the ‘‘6. Board of Patent Appeals and Inter- ‘‘(4) United States Patent and Trademark evaluation of the Commissioner of Patents ferences. Office; and and the Commissioner of Trademarks by the ‘‘7. Library. (B) by redesignating subsections (a), (b), Secretary of Commerce, the compensation of ‘‘8. Classification of patents. (c), (e), (f), and (g) as paragraphs (1), (2), (3), the Commissioners, and other information ‘‘9. Certified copies of records. (5), (6), and (7), respectively and indenting relating to the Office.’’. ‘‘10. Publications. the paragraphs as so redesignated 2 ems to SEC. 620. SUSPENSION OR EXCLUSION FROM ‘‘11. Exchange of copies of patents and appli- the right. PRACTICE. cations with foreign countries. (7) Section 19 of the Tennessee Valley Au- Section 32 of title 35, United States Code, ‘‘12. Copies of patents and applications for thority Act of 1933 (16 U.S.C. 831r) is is amended by inserting before the last sen- public libraries. amended— tence the following: ‘‘The Director shall have ‘‘13. Annual report to Congress.’’. (A) by striking ‘‘Patent Office of the the discretion to designate any attorney who (5) Section 41(h) of title 35, United States United States’’ and inserting ‘‘United States is an officer or employee of the United Code, is amended by striking ‘‘Commissioner Patent and Trademark Office’’; and States Patent and Trademark Office to con- of Patents and Trademarks’’ and inserting (B) by striking ‘‘Commissioner of Patents’’ duct the hearing required by this section.’’. ‘‘Director’’. and inserting ‘‘Director of the United States SEC. 621. PAY OF DIRECTOR AND DEPUTY DIREC- (6) Section 155 of title 35, United States Patent and Trademark Office’’. TOR. Code, is amended by striking ‘‘Commissioner (8) Section 182(b)(2)(A) of the Trade Act of (a) PAY OF DIRECTOR.—Section 5314 of title of Patents and Trademarks’’ and inserting 1974 (19 U.S.C. 2242(b)(2)(A)) is amended by 5, United States Code, is amended by strik- ‘‘Director’’. striking ‘‘Commissioner of Patents and ing 22 ‘‘Assistant Secretary of Commerce (7) Section 155A(c) of title 35, United States Trademarks’’ and inserting ‘‘Director of the and Commissioner of Patents and Trade- Code, is amended by striking ‘‘Commissioner United States Patent and Trademark Of- marks.’’ of Patents and Trademarks’’ and inserting fice’’. and inserting ‘‘Director’’. (9) Section 302(b)(2)(D) of the Trade Act of ‘‘Under Secretary of Commerce for Intel- (8) Section 302 of title 35, United States 1974 (19 U.S.C. 2412(b)(2)(D)) is amended by lectual Property and Director of the United Code, is amended by striking ‘‘Commissioner striking ‘‘Commissioner of Patents and States Patent and Trademark Office.’’. of Patents’’ and inserting ‘‘Director’’. Trademarks’’ and inserting ‘‘Director of the (b) PAY OF DEPUTY DIRECTOR.—Section 5315 (9) Section 303(b) of title 35, United States United States Patent and Trademark Of- of title 5, United States Code, is amended by Code, is amended by striking ‘‘Commis- fice’’. adding at the end the following: sioner’s’’ and inserting ‘‘Director’s’’. (10) The Act of April 12, 1892 (27 Stat. 395; ‘‘Deputy Under Secretary of Commerce for (10)(A) Except as provided in subparagraph 20 U.S.C. 91) is amended by striking ‘‘Patent Intellectual Property and Deputy Director of (B), title 35, United States Code, is amended Office’’ and inserting ‘‘United States Patent the United States Patent and Trademark Of- by striking ‘‘Commissioner’’ each place it and Trademark Office’’. fice.’’. appears and inserting ‘‘Director’’. (11) Sections 505(m) and 512(o) of the Fed- SEC. 622. STUDY ON ALTERNATIVE FEE STRUC- (B) Chapter 17 of title 35, United States eral Food, Drug, and Cosmetic Act (21 U.S.C. TURES. Code, is amended by striking ‘‘Commis- 355(m) and 360b(o)) are each amended by The Under Secretary of Commerce for In- sioner’’ each place it appears and inserting striking ‘‘Patent and Trademark Office of tellectual Property and Director of the ‘‘Commissioner of Patents’’. the Department of Commerce’’ and inserting August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6939 ‘‘United States Patent and Trademark Of- (26) Section 10(i) of the Trading with the proceeding under the same terms and condi- fice’’. enemy Act (50 U.S.C. App. 10(i)) is amended tions and to the same extent that such pro- (12) Section 702(d) of the Federal Food, by striking ‘‘Commissioner of Patents’’ and ceeding could have been discontinued or Drug, and Cosmetic Act (21 U.S.C. 372(d)) is inserting ‘‘Director of the United States Pat- modified if this title had not been enacted. amended by striking ‘‘Commissioner of Pat- ent and Trademark Office’’. (c) SUITS.—This title shall not affect suits ents’’ and inserting ‘‘Director of the United Subtitle C—Miscellaneous Provisions commenced before the effective date of this States Patent and Trademark Office’’ and by SEC. 641. REFERENCES. title, and in all such suits, proceedings shall striking ‘‘Commissioner’’ and inserting ‘‘Di- (a) IN GENERAL.—Any reference in any be had, appeals taken, and judgments ren- rector’’. other Federal law, Executive order, rule, reg- dered in the same manner and with the same (13) Section 105(e) of the Federal Alcohol ulation, or delegation of authority, or any effect as if this title had not been enacted. Administration Act (27 U.S.C. 205(e)) is document of or pertaining to a department (d) NONABATEMENT OF ACTIONS.—No suit, amended by striking ‘‘United States Patent or office from which a function is transferred action, or other proceeding commenced by or Office’’ and inserting ‘‘United States Patent by this title— against the Department of Commerce or the and Trademark Office’’. (1) to the head of such department or office Secretary of Commerce, or by or against any (14) Section 1295(a)(4) of title 28, United is deemed to refer to the head of the depart- individual in the official capacity of such in- States Code, is amended— ment or office to which such function is dividual as an officer or employee of an of- (A) in subparagraph (A) by inserting transferred; or fice transferred by this title, shall abate by ‘‘United States’’ before ‘‘Patent and Trade- (2) to such department or office is deemed reason of the enactment of this title. mark’’; and to refer to the department or office to which (e) CONTINUANCE OF SUITS.—If any Govern- (B) in subparagraph (B) by striking ‘‘Com- ment officer in the official capacity of such missioner of Patents and Trademarks’’ and such function is transferred. (b) SPECIFIC REFERENCES.—Any reference officer is party to a suit with respect to a inserting ‘‘Director of the United States Pat- in any other Federal law, Executive order, function of the officer, and under this title ent and Trademark Office’’. rule, regulation, or delegation of authority, such function is transferred to any other of- (15) Chapter 115 of title 28, United States or any document of or pertaining to the Pat- ficer or office, then such suit shall be contin- Code, is amended— ent and Trademark Office— ued with the other officer or the head of such (A) in the item relating to section 1744 in (1) to the Commissioner of Patents and other office, as applicable, substituted or the table of sections by striking ‘‘Patent Of- Trademarks is deemed to refer to the Under added as a party. fice’’ and inserting ‘‘United States Patent Secretary of Commerce for Intellectual (f) ADMINISTRATIVE PROCEDURE AND JUDI- and Trademark Office’’; CIAL REVIEW.—Except as otherwise provided (B) in section 1744— Property and Director of the United States Patent and Trademark Office; by this title, any statutory requirements re- (i) by striking ‘‘Patent Office’’ each place lating to notice, hearings, action upon the it appears in the text and section heading (2) to the Assistant Commissioner for Pat- ents is deemed to refer to the Commissioner record, or administrative or judicial review and inserting ‘‘United States Patent and that apply to any function transferred by Trademark Office’’; for Patents; or (3) to the Assistant Commissioner for this title shall apply to the exercise of such (ii) by striking ‘‘Commissioner of Patents’’ function by the head of the Federal agency, and inserting ‘‘Director of the United States Trademarks is deemed to refer to the Com- missioner for Trademarks. and other officers of the agency, to which Patent and Trademark Office’’; and such function is transferred by this title. (C) by striking ‘‘Commissioner’’ and insert- SEC. 642. EXERCISE OF AUTHORITIES. ing ‘‘Director’’. Except as otherwise provided by law, a SEC. 644. TRANSFER OF ASSETS. (16) Section 1745 of title 28, United States Federal official to whom a function is trans- Except as otherwise provided in this title, Code, is amended by striking ‘‘United States ferred by this title may, for purposes of per- so much of the personnel, property, records, Patent Office’’ and inserting ‘‘United States forming the function, exercise all authorities and unexpended balances of appropriations, Patent and Trademark Office’’. under any other provision of law that were allocations, and other funds employed, used, (17) Section 1928 of title 28, United States available with respect to the performance of held, available, or to be made available in Code, is amended by striking ‘‘Patent Office’’ that function to the official responsible for connection with a function transferred to an and inserting ‘‘United States Patent and the performance of the function immediately official or agency by this title shall be avail- Trademark Office’’. before the effective date of the transfer of able to the official or the head of that agen- (18) Section 151 of the Atomic Energy Act the function under this title. cy, respectively, at such time or times as the of 1954 (42 U.S.C. 2181) is amended in sub- SEC. 643. SAVINGS PROVISIONS. Director of the Office of Management and sections c. and d. by striking ‘‘Commissioner (a) LEGAL DOCUMENTS.—All orders, deter- Budget directs for use in connection with the of Patents’’ and inserting ‘‘Director of the minations, rules, regulations, permits, functions transferred. United States Patent and Trademark Of- grants, loans, contracts, agreements, certifi- SEC. 645. DELEGATION AND ASSIGNMENT. fice’’. cates, licenses, and privileges— Except as otherwise expressly prohibited (19) Section 152 of the Atomic Energy Act (1) that have been issued, made, granted, or by law or otherwise provided in this title, an of 1954 (42 U.S.C. 2182) is amended by striking allowed to become effective by the Presi- official to whom functions are transferred ‘‘Commissioner of Patents’’ each place it ap- dent, the Secretary of Commerce, any officer under this title (including the head of any of- pears and inserting ‘‘Director of the United or employee of any office transferred by this fice to which functions are transferred under States Patent and Trademark Office’’. title, or any other Government official, or by this title) may delegate any of the functions (20) Section 305 of the National Aero- a court of competent jurisdiction, in the per- so transferred to such officers and employees nautics and Space Act of 1958 (42 U.S.C. 2457) formance of any function that is transferred of the office of the official as the official is amended— by this title, and may designate, and may authorize successive (A) in subsection (c) by striking ‘‘Commis- (2) that are in effect on the effective date redelegations of such functions as may be sioner of Patents’’ and inserting ‘‘Director of of such transfer (or become effective after necessary or appropriate. No delegation of the United States Patent and Trademark Of- such date pursuant to their terms as in ef- functions under this section or under any fice (hereafter in this section referred to as fect on such effective date), shall continue in other provision of this title shall relieve the the ‘Director’)’’; and effect according to their terms until modi- official to whom a function is transferred (B) by striking ‘‘Commissioner’’ each sub- fied, terminated, superseded, set aside, or re- under this title of responsibility for the ad- sequent place it appears and inserting ‘‘Di- voked in accordance with law by the Presi- ministration of the function. rector’’. dent, any other authorized official, a court of SEC. 646. AUTHORITY OF DIRECTOR OF THE OF- (21) Section 12(a) of the Solar Heating and competent jurisdiction, or operation of law. FICE OF MANAGEMENT AND BUDGET Cooling Demonstration Act of 1974 (42 U.S.C. (b) PROCEEDINGS.—This title shall not af- WITH RESPECT TO FUNCTIONS 5510(a)) is amended by striking ‘‘Commis- fect any proceedings or any application for TRANSFERRED. sioner of the Patent Office’’ and inserting any benefits, service, license, permit, certifi- (a) DETERMINATIONS.—If necessary, the Di- ‘‘Director of the United States Patent and cate, or financial assistance pending on the rector of the Office of Management and Trademark Office’’. effective date of this title before an office Budget shall make any determination of the (22) Section 1111 of title 44, United States transferred by this title, but such pro- functions that are transferred under this Code, is amended by striking ‘‘the Commis- ceedings and applications shall be continued. title. sioner of Patents,’’. Orders shall be issued in such proceedings, (b) INCIDENTAL TRANSFERS.—The Director (23) Section 1114 of title 44, United States appeals shall be taken therefrom, and pay- of the Office of Management and Budget, at Code, is amended by striking ‘‘the Commis- ments shall be made pursuant to such orders, such time or times as the Director shall pro- sioner of Patents,’’. as if this title had not been enacted, and or- vide, may make such determinations as may (24) Section 1123 of title 44, United States ders issued in any such proceeding shall con- be necessary with regard to the functions Code, is amended by striking ‘‘the Patent Of- tinue in effect until modified, terminated, transferred by this title, and to make such fice,’’. superseded, or revoked by a duly authorized additional incidental dispositions of per- (25) Sections 1337 and 1338 of title 44, official, by a court of competent jurisdiction, sonnel, assets, liabilities, grants, contracts, United States Code, and the items relating or by operation of law. Nothing in this sub- property, records, and unexpended balances to those sections in the table of contents for section shall be considered to prohibit the of appropriations, authorizations, alloca- chapter 13 of such title, are repealed. discontinuance or modification of any such tions, and other funds held, used, arising H6940 CONGRESSIONAL RECORD — HOUSE August 3, 1999 from, available to, or to be made available in (A) by inserting ‘‘in a WTO member coun- cluding any modification of title 37, Code of connection with such functions, as may be try or’’ after ‘‘patent for the same inven- Federal Regulations, section 1.801 et seq.), necessary to carry out the provisions of this tion’’; and the Patent and Trademark Office shall con- title. The Director shall provide for the ter- (B) by inserting ‘‘such WTO member coun- sider the recommendations of the study con- mination of the affairs of all entities termi- try or’’ after ‘‘first filed in’’; ducted under this section. nated by this title and for such further meas- (2) in subsection (c), by inserting ‘‘WTO SEC. 706. PRIOR INVENTION. ures and dispositions as may be necessary to member country or’’ after ‘‘application in Section 102(g) of title 35, United States effectuate the purposes of this title. the same’’; and Code, is amended to read as follows: SEC. 647. CERTAIN VESTING OF FUNCTIONS CON- (3) by adding at the end the following: ‘‘(g)(1) during the course of an interference SIDERED TRANSFERS. ‘‘(f) Applications for plant breeder’s rights conducted under section 135 or section 291, For purposes of this title, the vesting of a filed in a WTO member country (or in a for- another inventor involved therein estab- function in a department or office pursuant eign UPOV Contracting Party) shall have lishes, to the extent permitted in section 104, to reestablishment of an office shall be con- the same effect for the purpose of the right that before such person’s invention thereof sidered to be the transfer of the function. of priority under subsections (a) through (c) the invention was made by such other inventor and not abandoned, suppressed, or con- SEC. 648. AVAILABILITY OF EXISTING FUNDS. of this section as applications for patent, subject to the same conditions and require- cealed, or (2) before such person’s invention Existing appropriations and funds avail- ments of this section as apply to applica- thereof, the invention was made in this able for the performance of functions, pro- tions for patents. country by another inventor who had not grams, and activities terminated pursuant to ‘‘(g) As used in this section— abandoned, suppressed, or concealed it. In this title shall remain available, for the du- ‘‘(1) the term ‘WTO member country’ has determining priority of invention under this ration of their period of availability, for nec- the meaning given that term in section 2(10) subsection, there shall be considered not essary expenses in connection with the ter- of the Uruguay Round Agreements Act; and only the respective dates of conception and mination and resolution of such functions, ‘‘(2) the term ‘UPOV Contracting Party’ reduction to practice of the invention, but programs, and activities, subject to the sub- means a member of the International Con- also the reasonable diligence of one who was mission of a plan to the Committees on Ap- vention for the Protection of New Varieties first to conceive and last to reduce to prac- propriations of the House and Senate in ac- of Plants.’’. tice, from a time prior to conception by the cordance with the procedures set forth in SEC. 703. CERTAIN LIMITATIONS ON DAMAGES other.’’. section 605 of the Departments of Commerce, FOR PATENT INFRINGEMENT NOT SEC. 707. PRIOR ART EXCLUSION FOR CERTAIN Justice, and State, the Judiciary, and Re- APPLICABLE. COMMONLY ASSIGNED PATENTS. lated Agencies Appropriations Act, 1999, as Section 287(c)(4) of title 35, United States (a) PRIOR ART EXCLUSION.—Section 103(c) contained in Public Law 105–277. Code, is amended by striking ‘‘before the of title 35, United States Code, is amended by SEC. 649. DEFINITIONS. date of enactment of this subsection’’ and in- striking ‘‘subsection (f) or (g)’’ and inserting For purposes of this title— serting ‘‘based on an application the earliest ‘‘one or more of subsections (e), (f), and (g)’’. (1) the term ‘‘function’’ includes any duty, effective filing date of which is prior to Sep- (b) EFFECTIVE DATE.—The amendment obligation, power, authority, responsibility, tember 30, 1996’’. made by subsection (a) shall apply to any ap- right, privilege, activity, or program; and SEC. 704. ELECTRONIC FILING AND PUBLICA- plication for patent filed on or after the date (2) the term ‘‘office’’ includes any office, TIONS. of the enactment of this Act. administration, agency, bureau, institute, (a) PRINTING OF PAPERS FILED.—Section 22 The SPEAKER pro tempore. Pursu- council, unit, organizational entity, or com- of title 35, United States Code, is amended by ant to the rule, the gentleman from ponent thereof. striking ‘‘printed or typewritten’’ and inserting ‘‘printed, typewritten, or on an elec- North Carolina (Mr. COBLE) and the TITLE VII—MISCELLANEOUS PATENT tronic medium’’. gentlewoman from California (Ms. PROVISIONS (b) PUBLICATIONS.—Section 11(a) of title 35, LOFGREN) each will control 20 minutes. SEC. 701. PROVISIONAL APPLICATIONS. United States Code, is amended by amending Ms. KAPTUR. Mr. Speaker, I would (a) ABANDONMENT.—Section 111(b)(5) of the matter preceding paragraph 1 to read as like to ask if the gentlewoman from title 35, United States Code, is amended to follows: California is opposed to the resolution read as follows: ‘‘(a) The Director may publish in printed, that will be under consideration. ‘‘(5) ABANDONMENT.—Notwithstanding the typewritten, or electronic form, the fol- The SPEAKER pro tempore. Is the absence of a claim, upon timely request and lowing:’’. as prescribed by the Commissioner, a provi- (c) COPIES OF PATENTS FOR PUBLIC LIBRAR- gentlewoman from California opposed sional application may be treated as an ap- IES.—Section 13 of title 35, United States to the bill? plication filed under subsection (a). Subject Code, is amended by striking ‘‘The Commis- Ms. LOFGREN. Mr. Speaker, if nec- to section 119(e)(3) of this title, if no such re- sioner may supply printed copies of speci- essary to claim the time representing quest is made, the provisional application fications and drawings of patents’’ and in- the Democratic part of the aisle, but I shall be regarded as abandoned 12 months serting ‘‘The Director may supply copies of think, pursuant to the rule, I have been after the filing date of such application and specifications and drawings of patents in designated as the member of the mi- shall not be subject to revival thereafter.’’. printed or electronic form’’. (d) MAINTENANCE OF COLLECTIONS.—Section nority on the committee to represent (b) TECHNICAL AMENDMENT RELATING TO our side. But I will certainly yield time WEEKENDS AND HOLIDAYS.—Section 119(e) of 41(i)(1) of title 35, United States Code, is title 35, United States code, is amended by amended by striking ‘‘The Commissioner to the gentlewoman from Ohio to ex- adding at the end the following: shall maintain, for use by the public, paper press her opinion. ‘‘(3) If the day that is 12 months after the or microform’’ and inserting ‘‘The Director The SPEAKER pro tempore. Is the filing date of a provisional application falls shall maintain, for use by the public, paper, gentlewoman from Ohio challenging on a Saturday, Sunday, or Federal holiday microform, or electronic’’. the gentlewoman from California for within the District of Columbia, the period SEC. 705. STUDY AND REPORT ON BIOLOGICAL the right to control the time? of pendency of the provisional application DEPOSITS IN SUPPORT OF BIO- TECHNOLOGY PATENTS. Ms. KAPTUR. I would like to claim shall be extended to the next succeeding sec- (a) IN GENERAL.—No later than 6 months time in opposition, and I would like to ular or business day.’’. after the date of the enactment of this Act, know if the gentlewoman is opposed to (c) ELIMINATION OF COPENDENCY REQUIRE- the Comptroller General of the United the measure before us. MENT.—Section 119(e)(2) of title 35, United States, in consultation with the Director of States Code, is amended by striking ‘‘and the The SPEAKER pro tempore. Is the the United States Patent and Trademark Of- gentlewoman from Ohio opposed to the provisional application was pending on the fice, shall conduct a study and submit a re- filing date of the application for patent bill? port to the Congress on the potential risks to Ms. KAPTUR. The gentlewoman from under section 111(a) or section 363 of this the United States biotechnology industry re- title’’. lating to biological deposits in support of Ohio is opposed. (d) EFFECTIVE DATE.—The amendments biotechnology patents. The SPEAKER pro tempore. Is the made by this section shall take effect on the (b) CONTENTS.—The study conducted under gentlewoman from California opposed date of the enactment of this Act and shall this section shall include— to the bill? apply to any provisional application filed on (1) an examination of the risk of export Ms. LOFGREN. Mr. Speaker, the gen- or after June 8, 1995, except that the amend- and the risk of transfers to third parties of tlewoman from Ohio is not a member ments made by subsections (b) and (c) shall biological deposits, and the risks posed by have no effect with respect to any patent of the committee of jurisdiction and is the change to 18-month publication require- not, therefore, eligible to manage our which is the subject of litigation in an action ments made by this Act; commenced before such date of enactment. time. I would ask for a ruling. (2) an analysis of comparative legal and The SPEAKER pro tempore. The gen- SEC. 702. INTERNATIONAL APPLICATIONS. regulatory regimes; and Section 119 of title 35, United States Code, (3) any related recommendations. tlewoman from Ohio is eligible if the is amended— (c) CONSIDERATION OF REPORT.—In drafting gentlewoman from California is not op- (1) in subsection (a)— regulations affecting biological deposits (in- posed. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6941 Ms. LOFGREN. Then I will claim op- Ms. KAPTUR. I wanted to ask, Mr. Mr. ROHRABACHER. Mr. Speaker, position. Speaker, how much time would that be the point of order is such that it seems The SPEAKER pro tempore. The gen- of the total time allotted, then? to me that by being a little heavy- tlewoman from California is opposed? The SPEAKER pro tempore. Each handed here, we are undermining this Ms. LOFGREN. I will claim opposi- side has 20 minutes. The gentlewoman process. tion and the time. from California will control 20 min- Ms. LOFGREN. Will the gentleman The SPEAKER pro tempore. Then utes. yield? the gentlewoman from California PARLIAMENTARY INQUIRY The CHAIRMAN. The gentleman will qualifies since the gentlewoman is op- Mr. HOYER. Mr. Speaker, I have a state his point of order first. posed to the bill. parliamentary inquiry. Mr. ROHRABACHER. I withdraw my The gentlewoman from California The SPEAKER pro tempore. The gen- point of order. will then be recognized for 20 minutes. tleman will state it. Ms. LOFGREN. Mr. Speaker, I ask POINT OF ORDER Mr. HOYER. Am I correct that under unanimous consent to make a 10-sec- Mr. ROHRABACHER. Point of order, the rules as they now exist, that if in ond statement that will save us all a Mr. Speaker. With all fairness here, fact the gentlewoman from Ohio (Ms. lot of time. claiming opposition is not what the KAPTUR) were recognized in opposition, After I make my opening statement, question is. If the gentlewoman from she would receive half of the time al- it is my intention to yield 10 minutes Ohio is indeed opposed to the bill, she lotted to the minority side of 20 min- to the gentlewoman from Ohio. deserves to have this time as compared utes? Is that correct? The SPEAKER pro tempore. The gen- to someone who is unwilling to say The SPEAKER pro tempore. Only tlewoman may take 10 seconds of her that they are opposed to the bill. one Member may control time in oppo- time and solve the problem. Ms. LOFGREN. Mr. Speaker, if I sition. The gentlewoman from Cali- Ms. LOFGREN. I think we just solved may, I have reservations about the fornia, a member of the committee, it, Mr. Speaker. changes made today. I hope that I can controls the time because she is op- The SPEAKER pro tempore. Very be convinced that they are adequately posed. well. made by the time the debate is over. Mr. HOYER. So if she were in opposi- The Chair recognizes the gentleman The SPEAKER pro tempore. At this tion, she would receive the entire 20 from North Carolina (Mr. COBLE). point, the Chair does not question the minutes? GENERAL LEAVE motives of the Member. The Member The SPEAKER pro tempore. If the Mr. COBLE. Mr. Speaker, I ask unan- has stated she is in opposition to the gentlewoman from California were not imous consent that all Members may bill. in opposition, someone else could seek have 5 legislative days to revise and ex- The Chair recognizes the gentleman that time. tend their remarks and include extra- Mr. HOYER. Further parliamentary from North Carolina (Mr. COBLE). neous material on the bill under con- Mr. ROHRABACHER. Continuing my inquiry. If that in fact occurred, could sideration. point of order, Mr. Speaker, does the the gentlewoman from Ohio (Ms. KAP- The SPEAKER pro tempore. Is there Member not just claiming opposition, TUR) yield to the gentlewoman from objection to the request of the gen- does she oppose the bill? California (Ms. LOFGREN) 10 minutes? tleman from North Carolina? Ms. LOFGREN. I believe the Chair The SPEAKER pro tempore. Any There was no objection. has ruled. Member in control of time can yield Mr. COBLE. Mr. Speaker, I yield my- Mr. ROHRABACHER. If not, if she time to anyone else. self such time as I may consume. cannot state this, I would state as a Mr. HOYER. In other words, there Mr. Speaker, I want to say to my point of order, the gentlewoman from would be nothing to preclude her from friend from California and to my friend doing so? Ohio (Ms. KAPTUR), who does say she is from Ohio, the gentlewoman from Cali- The SPEAKER pro tempore. Repeat opposed to the bill, this is not in my fornia’s comments, I think, make it your question, please. clear that no one is trying to roll any- interest to do this, this is in the inter- Mr. HOYER. The Speaker’s response one. I think that has been made clear est of fairness, we should make sure was, as I take it, if the gentlewoman the time is allotted to someone who op- by the gentlewoman from California’s from Ohio (Ms. KAPTUR) were recog- comment subsequent to the beginning poses the bill. nized as an opponent to the legislation, The SPEAKER pro tempore. The gen- of the debate. she could yield such time as she desired tlewoman from California has stated I rise tonight, Mr. Speaker, in sup- to the gentlewoman from California that she is in opposition to the bill; is port of H.R. 1907, the American Inven- (Ms. LOFGREN) who obviously has been that correct? tors Protection Act, and urge the asked by the committee to represent Is the gentlewoman from California House to adopt the measure. the minority side of the committee in in opposition to the bill? Mr. Speaker, a coalition of Members, this action. Ms. LOFGREN. Until convinced The SPEAKER pro tempore. That staff, administration officials and about the changes made, yes. would be possible. But the gentle- other contributors have negotiated in The SPEAKER pro tempore. At this woman from California, a member of good faith into the early evening to point the gentlewoman from California the committee, has claimed the time clarify what few outstanding issues re- is in opposition to the bill. The gentle- because in opposition and will have the main in this 100-plus-page bill. I now woman qualifies. 20 minutes and will be able to yield anticipate overwhelming support for POINT OF ORDER that time as she so desires. this complex, important and often mis- Ms. KAPTUR. Point of order, Mr. Mr. HOYER. I understand. understood measure which will bring Speaker. Ms. KAPTUR. Mr. Speaker, could I our patent and trademark system into Mr. Speaker, do I take it, then, that ask unanimous consent to control my the 21st century to the benefit of under your ruling, I, as someone who is own 10 minutes? American inventors and American con- opposed to this measure, will not be al- The SPEAKER pro tempore. Is there sumers. lowed my own time during debate this objection to the request of the gentle- Mr. Speaker, H.R. 1907 is a product of evening? woman from Ohio? compromise and negotiation. It is com- The SPEAKER pro tempore. Under a Ms. LOFGREN. Mr. Speaker, I object. prised of several provisions that have motion to suspend the rules, only two The SPEAKER pro tempore. Objec- been suggested by the gentleman from Members may control the time. The tion is heard. California (Mr. ROHRABACHER), the gen- gentlewoman from California has The gentlewoman from California tleman from California (Mr. CAMP- qualified to claim the time in opposi- (Ms. LOFGREN) controls the time. BELL), each of whom opposed this the tion. She will, of course, be able to POINT OF ORDER last session, the gentleman from Illi- yield time if she is so inclined. Mr. ROHRABACHER. Mr. Speaker, I nois (Mr. MANZULLO) and the gen- Ms. LOFGREN. Mr. Chairman, if I have a point of order. tleman from Indiana (Mr. BURTON), in may, I plan to expansively yield time The SPEAKER pro tempore. The gen- addition to other administration and to the gentlewoman from Ohio. tleman will state his point of order. industry officials. H6942 CONGRESSIONAL RECORD — HOUSE August 3, 1999 The gentlewoman from California U.S. HOUSE OF REPRESENTATIVES, issuance of a patent as soon as one (Ms. LOFGREN), the gentleman from COMMITTEE ON THE JUDICIARY, claim was allowed with the remaining Washington, DC, August 3, 1999. California (Mr. BERMAN), the ranking claims to be added later, and that was Hon. DAN BURTON, deleted. I am concerned that this would member of the subcommittee, among Chairman, Committee on Government Reform, others, have been very helpful in this Washington, DC. change the bill as passed by the Com- process. I want to thank all the partici- DEAR MR. CHAIRMAN: Thank you for your mittee on the Judiciary, but there may pants and others too numerous to letter regarding H.R. 1907, the ‘‘American In- be some good reason that I am not name for their patience and insight as ventors Protection Act.’’ This letter will aware of for the change that is pro- serve to acknowledge your jurisdiction over we have labored to bring this bill fi- posed. sections 612, 613, 614, and 621 of the amended Can the gentleman convince me as to nally to the floor. bill, and to confirm our understanding that why this should be supported? Mr. Speaker, with a bill this complex we have agreed to amend the bill as follows: Mr. COBLE. Mr. Speaker, will the 1. Section 613 will be revised to provide and lengthy, no one who participates in that the total compensation of the Commis- gentlewoman yield? its construction can get everything he sioner for Patents and the Commissioner for Ms. LOFGREN. I yield to the gen- or she wants. I think we have all done Trademarks may not exceed the salary of tleman from North Carolina. a good job, however, of addressing the Vice President. (You are correct in your Mr. COBLE. This deletion was done at the request of the Patent and Trade- those legitimate concerns registered by understanding that the Under Secretary of Commerce for Intellectual Property and Di- mark Office, and the reason given by independent inventors while retaining rector of the United States Patent and PTO was that it considered it a con- the core protections of the legislation. Trademark Office, and the Deputy Under stitution of an additional administra- There is no doubt in my mind that H.R. Secretary of Commerce for Intellectual tive burden, and for that reason that 1907 will make our patent and trade- Property and Deputy Director of the United change was made. mark system, already the world’s best, States Patent and Trademark Office will not be eligible for bonuses under the amend- Ms. LOFGREN. On title V, and this is even better in the new millennium. ment.) something of actual considerable con- Mr. Speaker, I place an exchange of letters 2. Section 614 will be further revised to re- cern to me, the bill was amended to require the Patent and Trademark Office to in the RECORD concerning committee jurisdic- tain existing law for ex parte reexam- submit to Congress a legislative proposal to tion on the bill H.R. 1907 between Chairman inations. For inter parte’s reexamina- retain certain patent and trademark exam- tion the basic framework in the bill BURTON and Chairman HYDE. iners for the purpose of training other patent was retained under title V but with the and trademark examiners rather than allow U.S. HOUSE OF REPRESENTATIVES, limitation that a third party requestor COMMITTEE ON GOVERNMENT REFORM, the Office to develop and implement such a Washington, DC, August 3, 1999. program without congressional intervention. cannot appeal an adverse decision to Hon. HENRY J. HYDE, I understand that your decision not to con- the court of appeals for the Federal cir- Chairman, Committee on the Judiciary, duct a markup over the provisions over cuit court. Washington, DC. which you have jurisdiction does not serve to I am wondering if the gentleman can waive your jurisdiction over these provisions convince us why this change made DEAR MR. CHAIRMAN: I am writing with re- or over any future consideration of related gard to H.R. 1907, the American Inventors after the bill was reported from the matters. committee was necessary and why it Protection Act of 1999. Sincerely, should compel our support. HENRY HYDE, As you know, under House Rule X of the Mr. COBLE. If the gentlewoman from Committee on Government Reform and Over- Chairman. California would continue to yield? sight has jurisdiction over the federal civil Mr. Speaker, I reserve the balance of Ms. LOFGREN. I yield to the gen- service and the overall economy, efficiency, my time. tleman from North Carolina. and management of government operations Ms. LOFGREN. Mr. Speaker, I yield Mr. COBLE. Primarily this was done and activities. Sections 612, 613, 614, and 621 myself such time as I may consume. for the benefit of the independent in- of the amended bill address matters that are I would like to inquire of the chair- ventors to balance the interest of a within the jurisdiction of this Committee. man of the committee, rising in opposi- third party with those of a patent need, In the interest of expediting floor consider- tion to the bill, I need to explore the patentee, by allowing a third party to ation for this measure, the Committee on changes that have been made to this pursue reexamination under the exist- Government Reform will agree not to exer- bill to understand why it is worthy of ing system or opting for a strictly lim- cise its jurisdiction over those sections on my support. the understanding that you have agreed to ited ex parte reexamination while as- amend the bill as follows: b 2145 suring that a patentee would not be 1. Section 613 will be revised to provide In title II there is a first inventor de- subject to harassment in such pro- that the total compensation of the Commis- fense that is limited to methods of ceedings. sioner for Patents and the Commissioner for doing or conducting business, and I Ms. LOFGREN. Mr. Speaker, under Trademarks may not exceed the salary of need to understand why, what the im- title VI the Public Advisory Com- the Vice President. (It is our understanding pact of that would be and why it merits mittee for Patents has been altered to that the Under Secretary of Commerce for our support. provide a quarter of the representation Intellectual Property and Director of the Mr. COBLE. Mr. Speaker, will the to independents, so-called independent United States Patent and Trademark Office gentlewoman yield? inventors. There is concern that insti- and the Deputy Under Secretary of Com- Ms. LOFGREN. I yield to the gen- tutional inventors, including univer- merce for Intellectual Property and Deputy tleman from North Carolina. sities, might be disadvantaged by this Director of the United States Patent and Mr. COBLE. Mr. Speaker, it is lim- change. Can the gentleman advise us as Trademark Office will not be eligible for bo- ited, I say to the gentlewoman from to the wisdom of this proposal? nuses under a revised version of the bill that California, to the State Street Bank Mr. COBLE. If the gentlewoman your committee has already agreed to.) case. There was some discussion early would yield? 2. Section 614 will be further revised to re- on that. Perhaps the first inventive de- Ms. LOFGREN. I yield to the gen- quire the Patent and Trademark Office to fense should apply to processes as well tleman from North Carolina. submit to Congress a legislative proposal to as methods. But we finally concluded Mr. COBLE. This title VI, as the gen- retain patent and trademark examiners for that we would restrict it to methods tlewoman knows, came in for much dis- the purpose of training other patent and cussion. It was part of the cause for the trademark examiners rather than allow the only, and that, by having done that, we Office to develop and implement such pro- were able to satisfy some folks who delay. The distinguished gentleman gram without congressional intervention. were opposed to the bill otherwise. from Indiana (Mr. BURTON) chairs a Ms. LOFGREN. All right. So that is committee that has jurisdiction over Our decision not to exercise our jurisdic- this title. He asserted that jurisdiction, tion over this measure is not intended or dean accommodation that we have done, and we were in exchange with him signed to waive or limit our jurisdiction over given that legislation is sausage mak- any future consideration of related matters. ing, to move this whole process for- since May, to be specific, for the de- Sincerely, ward. sired language that he preferred; and DAN BURTON, On title IV there is a provision per- we finally were able to get that lan- Chairman. mitting applicants to request the guage handed to us late today, and the August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6943 purpose for his insisting upon that, and resulted in a bill that is very much dif- I also thank the gentleman from Illi- probably a good idea, was to ensure ferent than the patent bills that went nois (Mr. MANZULLO). In his late-break- that independent inventors are not through the Committee on the Judici- ing contributions to this fight he has without a voice in the oversight of the ary last year and the fights we have greatly improved this legislation, and operation of the PTO as far as sitting had in the last 4 years. he can be justly proud he has done a on one of the boards is concerned. Instead of making minor, tenuous ex- good job for America in doing so. Fi- Ms. LOFGREN. Finally at this point, tensions in the patent term, H.R. 1907 nally, I would like to thank the gen- Mr. Speaker, I note that one change goes most of the way in reversing the tleman from California (Mr. CAMPBELL) that I think I support but I have some 1994 patent term reduction by extend- and the gentlewoman from Ohio (Ms. concerns about is that the Patent and ing patent term completely to com- KAPTUR), and Ms. KAPTUR has been Trademark Office would be authorized pensate for delays in the processing of deeply involved in these negotiations to publish documents electronically. the Patent and Trademark Office or from the beginning. That makes sense, but because of the any other delay resulting from actions Ms. KAPTUR has been very deeply in- lack of vigorous encryption involved in taken by anyone else other than the volved in this whole fight from the the world and in government offices, I patent applicant. Instead of publishing very beginning, and over the last 4 do have concerns as to the security of all patent applications after 18 months, years she stood firm with us, and in such publication. I do not know wheth- 1907 publishes only, only the pending fact in the last month we have had er that can be addressed in the bill, but applications that have been published meetings in her office trying to nego- I do want to raise the issue, and my 5 abroad, and thus they are already pub- tiate these details out. We have been minutes is expired. I want to reserve lished and already known to the people working with her staff, and I do not the time for the gentlewoman from and only to the extent that they are know, it sounds like we have not satis- Ohio (Ms. KAPTUR), so I will leave that published abroad. fied all of her concerns, but she has Instead of a prior user defense that out for a later answer. certainly played an important role in Mr. COBLE. We will get to that sub- applies to all inventions which we just this process, and the gentleman from heard a question about a moment ago, stantively. Ohio (Mr. KUCINICH) and the gentleman H.R. 1907 contains a very limited prior Mr. Speaker, I yield 5 minutes to the from California (Mr. HUNTER). gentleman from California (Mr. ROHR- user defense that applies only to those All of these people played such a sig- ABACHER). business methods which have only been nificant role along with, of course, the Mr. ROHRABACHER. Mr. Speaker, I considered patentable in the last few gentleman from North Carolina (Mr. rise in strong support of H.R. 1907, as years, and this, of course, flows from COBLE) and the gentleman from Illinois an adverse case before the court that amended. This bill is the culmination (Mr. HYDE) in giving us this incredible of a long process of negotiations that changed patent law. piece of legislation that I believe is We want to have our say in what is followed floor battles in the last Con- going to do great things for America. going on here, and we are correcting it gress between the leadership of the Also, my staff members Rick Dykema in this legislation; and instead of Committee on the Judiciary and a and Wayne Paugh and other science corporatizing the Patent Office and re- group of Members led by myself. It was fellows who worked with me, Paul moving civil service protection from far more than sausage making because Crilly, John Morgan, Biff Kramer, Dick patent examiners, H.R. 1907 leaves the we have people with honest beliefs on Backe and Richard Cowan, for all the PTO as an agency within the Depart- both sides, and I certainly can see hard work they have put in on this ment of Commerce while including val- where people can have honest dif- uable provisions keeping patent rev- piece of legislation. ferences on something as complicated I urge my colleagues to support it. enue within the Patent Office and pro- as patent law. Mr. Speaker, for the last several years, this viding for enhanced training and pro- I began this fight in 1994 when I is a day I had hoped would come. I have fessional development for patent exam- fought against provisions that were in- fought long and hard to protect the products of iners and retaining their civil service serted into the GATT trade agreement our nation's independent inventors. I have status. implementation bill to eliminate our Mr. Speaker, although as in all com- fought diligently to strengthen our patent sys- Nation’s traditional guarantee of a 17- promises both sides have to give up tem and to prevent changes in the name of year patent term in an attempt to har- something, maybe a little, I would say harmonization. Now, after the continued com- monize our patent law with those of that my Committee on the Judiciary petition and polarization of the past, this was other nations with a 20-year-from-fil- colleagues will not mind that I am finally a time for cooperation. Chairman COBLE ing limit that was imposed through stating for the RECORD that I believe and I have both spent many hours of indi- that legislation, thus taking away a that H.R. 1907 represents a major vic- vidual effort pursuing our respective goals for guaranteed patent term that had been tory for the independent inventor patent reform the past several years, and in- the right of every American inventor. whose interests I have vigorously de- deed the time was ripe to work together to- This change, by the way, would have fended these past 5 years. ward a unified effort. It was time to have an resulted in decreasing the patent term I ask my colleagues to give H.R. 1907 open-ended process in which everyone had of every application held in the Patent their overwhelming support and to join an opportunity to come to the table. Office for more than 3 years, which is a me in urging the other body to take up With that, I am proud to say that after a long common occurrence with breakthrough this compromise as is and send it to and successful negotiation period with my technologies. the President for his signature without friend from North Carolina, Chairman COBLE, I was further energized in this fight change. and with the invaluable help of my fellow col- when additional changes in our patent Mr. Speaker, I have some more de- league from California, Mr. CAMPBELL and with system were proposed, including the tailed comments, and I will be insert- late-breaking help from my friend from Illinois, publishing of all patent applications 18 ing them at this point in the RECORD, Mr. MANZULLO, we were finally able to reach months after filing, even when no pat- but I would not want to let this mo- agreement on the issues. As was always the ent had been issued, and establishing ment go by without thanking the gen- case, the devil has been in the details. There- prior user rights for all inventions, tleman from North Carolina (Mr. fore, this has been a carefully crafted effort, opening up new opportunities to chal- COBLE) who has, as my colleagues but has resulted in a resounding victory for the lenge already-granted patents through know, stepped forward in a spirit of United States patent system and the American reexamination and the turning of the compromise, and we have worked real- inventor. Patent Office into a government cor- ly hard on this; the gentleman from Il- TITLE IIÐFIRST TO INVENT DEFENSE ACT poration. These things caused me great linois (Mr. HYDE) who also played an With regard to Title II, the First Inventor De- pain and concern. important role in this. Their spirit of fense, I have always held that we simply can- The battles we had ultimately re- goodwill and the negotiations we have not champion trade secret protection over pat- sulted in a standoff in the Senate in had have resulted in a superior bill ent protection for clearly patentable subject which no patent legislation was adopt- that is going to do great things for matter. We cannot betray our Founding Fa- ed, and I am pleased to note that the America and to keep us techno- thers by abandoning the foundation upon negotiations I referred to earlier have logically ahead. which our patent system is based. We cannot H6944 CONGRESSIONAL RECORD — HOUSE August 3, 1999 openly advocate secrecy when our patent sys- successfully offered last year to H.R. 400 by unpatentable material lies in the Patent Office. tem calls for us to vigorously promote the my friend from Ohio, MARCY KAPTUR. Essen- To await litigation isÐfor all practical pur- progress of science through the sharing of crit- tially, this year's effort only permits early publi- posesÐto debilitate the patent system.'' ical technology. cation of U.S. patent applications that are filed The current statute permits any patent hold- In the patent bill that passed the House last abroad in a country that also publishes early. er or third party to submit prior art in the form year, all patents were subjected to prior user Additionally, the U.S. application will not be of prior patents and printed publications rights. This Congress, we were initially able to published before the foreign application, and throughout the term of the patent for the PTO limit this title to processes and methods only. in no greater content. to determine whether a substantial new ques- More recently, however, we were able to even Curiously, this title has generated an abun- tion of patentability exists. Reexam procedures further limit this section to business methods dance of controversy, although its provisions currently limit a third party's participation to ar- only. This is an important limitation in scope to are of a positive nature. There are over 170 guing why there is a substantial new question take note of because now Title II will not affect patent systems that currently exist globally. of patentability. the vast majority of independent inventors and Our nation cannot control foreign policies on This title was an attempt to provide an alter- small businesses. early publication. A majority of foreign nations native to existing law and to further encourage A first inventor defense that is strictly limited choose to publish patent applications prior to potential litigants to use the PTO as a avenue to business methods will severely reduce its granting a patent. The published patent appli- to resolve patentability issues without expand- applicability. Furthermore, the defense applies cation is also normally printed in the home ing the process into one resembling courtroom only to business methods that have been re- language of each respective foreign patent proceedings. Fundamentally, in addition to the duced to practice at least one year prior to the system. reexam process in law today, this title creates effective filing date of the patent in question. Generally, this title will affect large corpora- an additional reexam option that permits a 3rd Even further, to successfully use this defense tions, because they are more likely to file party requestor to file additional written briefs. a litigant must satisfy a clear and convincing abroad than the independent inventor commu- The price paid by those who would challenge evidentiary standard and risk being subjected nity. Since American patent applications filed a patent, however, is that the 3rd party re- to paying reasonable attorney fees to the pre- abroad are indeed published early and are in questor is barred from any appeals outside of vailing party. Bottom line, the best defense to a foreign language, foreign nations have a the PTO and from subsequently litigating the a charge of patent infringement will remain the chance to view them at their leisure. This is same issues in a district court or making a successful assertion of invalidity, and not a the reality and the argument from the other second reexam request. This estoppel is the first inventor defense. side in the last Congress that was the hardest insulation that effectively protects patent hold- TITLE IIIÐPATENT TERM GUARANTEE ACT to counter. ers. My goal all along has been to assure a min- Thus we have agreed to permit the PTO to Ultimately, the expanded reexam option imum patent term of 17 years from the date a publish after 18 months only those applica- does not subject the patent to any greater patent is granted. Failing that, I have insisted tions that are filed internationally. If an appli- challenge in scope than currently exists today. on a guarantee that the PTO will extend the It merely allows a reexam requestor the option cant files an application only domestically, he patent term as necessary to assure a term of to further explain why a particular patent will have the unqualified right to maintain con- 17 years from filing for non-dilatory applicants. should not have been granted. fidentiality of his patent application. If an appli- The language of this bill clearly codifies this Mr. Speaker, this bill does not create new cant files abroad and domestically, he will approach. opportunities to pursue litigation and does not As everyone is aware, the current law gov- have the right to limit the content of early do- create additional ways to invalidate patents. In erning patent term is 20 years from the date mestic publication to that content which the fact, the bill seeks to provide even further of file. Since June 8, 1995, when the 17- foreign entity has published. In no event will ways to reduce the incentive for litigation in years-from-grant was changed, patents have America publish prior to the actual publication the courts and to protect against the needless been losing precious time under the current date in a foreign patent system. It's that sim- wasting of dollars independent inventors don't law. Inventors can no longer rely on a guaran- ple. have. Also included, for those applications pub- teed term of protection. In some cases, sev- CONCLUSION lished early, is a provisional right which allows eral years of effective post-grant protection is Certainly, last year's bill was an exercise in the patent holder to recover royalties for in- lost due to Patent and Trademark Office harmonization brought about by the interests fringement activity during the pre-issuance pe- (PTO) administrative delay. This title rep- of large corporations. In contrast, this year's resents an opportunity to recapture some of riod. There will also be no pre-issuance 3rd bill, H.R. 1907, is designed to protect the the reliance of pre-GATT standards. party opposition to the patent application per- products of our nation's inventors and to help By codifying what constitutes PTO delay, mitted. Finally, the costs derived from early sustain our unprecedented technological lead- this title can compensate the patent applicant publication will be applied only to those appli- ership. I saw to that through many intense ne- for lost time on a day-for-day basis without cants who are actually subjected to publica- gotiations with my colleagues. Unfortunately, time limitation. Furthermore, if the PTO does tion. there are still those who cannot recognize vic- Essentially, this title is reactive to cir- not issue a patent within 3 years from the date tory even when it stares them in the face. of original file, the patent term will be com- cumstances beyond our control already I assure you, Mr. Speaker, that if H.R. 1907 pensated day-for-day until the patent issues, present in many foreign patent systems, while was similar to either H.R. 400 or S. 507 last minus any time the applicant has delayed going to lengths to protect the American in- Congress, my views would not have changed prosecution by engaging in dilatory behavior. ventor community. this Congress. But that is not the case. H.R. This approach effectively eliminates the TITLE VÐPATENT LITIGATION REDUCTION ACT 1907 is a brand new effort reached through an claimed submarine patent dilemma while pro- Considering both the patent holder and third open-ended and fair debate, and it is a bill I viding a specific framework from which the party, reexamination is a seldom used process am unequivocally supporting today. It is also a Patent and Trademark Office must monitor in proportion to the number of patent applica- bill that I will stand firmly behind as it moves and compensate the loss of any patent term tions filed each year. Yet, when Congress through the Senate. due to delay for which the applicant has no re- originally enacted the reexamination statute it I know it is up to Congress to carry on the sponsibility. had an important public purpose in mind: to tradition of Thomas Jefferson, Benjamin This approach essentially gives back to the restore confidence in the validity of patents Franklin, and the will of our Founding Fathers. non-dilatory patent holder what I have fought issued by the PTO. It was they who provided our newly formed so hard forÐa guaranteed 17 year patent Specifically, three principal benefits were nation with a foundation for freedom and the term. The patentee once again will have the noted: 1. Resolve patent validity disputes power to protect the achievements of our in- right to exclude the public from using his in- more quickly and less expensively than litiga- ventors. vention for a limited timeÐa time that is guar- tion; 2. Permit courts to defer issues of patent I have been intimately involved in these anteed and clearly defined. This Title essen- validity to the expertise of the PTO; and 3. Re- issues because I want to ensure that our pat- tially regains what GATT gave away. It has inforce investor confidence in the certainty of ent system continues to respect the fun- been my core initiative and now I am proud to patents. damentals of our Founding Fathers while at say that it is my most significant success in Reexamination was enacted as an important the same time enhancing its operability in this bill. step to permitting the PTO to better serve the modern society. We have a chance this Con- TITLE IVÐPUBLICATION OF FOREIGN APPLICATIONS ACT public interest. As the Supreme Court stated gress to enhance a system that better pro- As I supported last year, this bill includes a in Graham v. Deere, ``it must be remembered vides a stronger protection for our nation's in- provision similar in spirit to the amendment that the primary responsibility for sifting out ventors. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6945 Our patent system always hasÐand always tleman from California (Mr. CAMP- States. Therefore, when a 105-page bill willÐstimulate the creation of jobs, advance BELL). comes before us on suspension, those of our technological leadership, and help sustain Frankly I was not involved in the ne- us who value this document and devote our standard of living. It has helped to fortify gotiations that have been occurring much of our lives to preserving it our economic success, strengthen our national here over the last several weeks. There under the oath that we take are very defense, and reinforce our global leadership. were two meetings I think in my office suspicious of any bill of such con- I look forward to passing this bill with the re- where we tried to gain clarification of sequence that comes before us on sus- sounding support of my colleagues on the language that never came back, and I pension when we are allowed only 10 House side and I look forward to the would like to ask the chairman of the minutes to debate. unshakeable support for its text when it is re- full committee, if I might, my good I also would say that with all due reported in the Senate. friend, the gentleman from North Caro- spect to the excellent minds that were I want to make sure that we will firmly stand lina (Mr. COBLE), if this bill before us, involved in crafting this manager’s behind the text of this bill in the event of con- H.R. 1907, is the same bill that was amendment, it is only a handful of trary action by the Senate. But I am confident voted out of the Committee on the Ju- Members of this institution. This bill is that the other noble body of this Congress will diciary on May 24 of this year, 1999. not up on the web. I cannot ask the in- accept the House's efforts in patent reform Is this the same bill? ventors I represent back home to go to and will move our version of the bill forward Mr. COBLE. Mr. Speaker, will the any site to look at it so I can be ad- without delay. gentlewoman yield? vised on how to vote tomorrow morn- Mr. Speaker, I applaud my colleagues who Ms. KAPTUR. I yield to the gen- ing. have endured a labor-intensive process to tleman from North Carolina. I know a fast ball when I see one. I reach the final accord we have today. I know Mr. COBLE. It has been amended have been here long enough to know it was not an easy thing to do and that it was many times for the benefit of inde- that. I am offended by this, simply be- a long time coming, but it is the American pendent inventors, many of the people cause I think the constitutional issues people who will ultimately benefit. the gentlewoman from Ohio (Ms. KAP- are so very important. I am not afraid This body can rest assured knowing we TUR) represents, and that is one of the of sunshine on this issue or any other faithfully served American technology. Mr. reasons why it has taken awhile for it issue, and I would say to my good Speaker, although I know there is much work to get here, because there have been friends from California, some of whom left to do by way of vigilance and continued in- countless hours that have been put are on the floor tonight, I understand a volvement, I am pleased looking back and re- into this. little bit about industry differences, alizing all the good work that has been accom- Ms. KAPTUR. Excuse me, on that and I know that there are some indus- plished so far. point where the gentleman says it has tries that will benefit more than others Ms. LOFGREN. Mr. Speaker, I yield been amended, in what formal process from the publication in foreign locales 10 minutes to the gentlewoman from on the record has it been amended? of some of these patents. Ohio (Ms. KAPTUR), and I ask unani- Mr. COBLE. There is a manager’s I would say, and I have only marked mous consent that she be permitted to amendment now. one paragraph that I will read here, be- further yield time. Ms. KAPTUR. There is a manager’s cause the public will know nothing of The SPEAKER pro tempore (Mr. MIL- amendment now which was walked to this bill before it is voted on tomorrow, LER of Florida). Is there objection to the floor at 9:17 p.m., which I could but on page 33 there is this section that the request of the gentlewoman from only get up to Page 54 reading very is called ‘‘United States publications of California? quickly here this evening. There are applications published abroad.’’ It says, There was no objection. 105 pages in the bill. The SPEAKER pro tempore. The gen- ‘‘Subject to paragraph (2), each appli- So the manager’s amendment is the cation for patent except applications tlewoman from Ohio (Ms. KAPTUR) will bill that was walked to the floor to- now control 10 minutes of time. for design patents filed under chapter night, so it has not come through any 16 and provisional applications filed Ms. KAPTUR. Mr. Speaker, I yield subcommittee; it has not come through myself such time as I may consume. under section 111(b) shall be filed in ac- any full committee. It is going to be of- cordance with procedures determined Mr. Speaker, I must say I find it very fered here and then voted on tomorrow; interesting here close to 10 p.m. Wash- by the Director, promptly upon the ex- is that correct? piration of a period of 18 months after ington time that we have had walked Mr. COBLE. That is correct, and if to the floor less than a half an hour ago the earliest filing date for which a ben- the gentlewoman would yield, for the efit is sought under this title.’’ the bill that we are going to be asked people, for the very people she rep- Now, that is an interesting set of to vote on tomorrow. This is likely to resents, we have done this for them. words there, but I guess I would want be the last item of business tonight. Ms. KAPTUR. I would say to the gen- to take sections like that and let the This bill is 105 pages long, and I must tleman I have many fewer minutes sun shine in, let those back home say I am extremely disappointed that I than he does here this evening, and I whose livelihoods and futures, and, could not even get 20 minutes to talk hate to reclaim my time, but I am frankly, the future of this country de- about a measure that has been worked going to do that and say to the gen- pend on, have an opportunity to think on in this Congress for several years, tleman that for me, and again I have and comment before this particular and now under the unusual, unusual not had to study this bill every single vote. procedure of bringing up a major bill word as the gentleman has over the like this with constitutional implica- last several weeks, but the reason for I agree with the chairman; this is tions it is brought up under suspension, my objection is this: complex, it is very important, and it is and I, as the only person in opposition often misunderstood. I would have to b here with perhaps the exception of one 2200 say as a Member, I take some offense other are allowed 10 minutes. Mr. The Constitution of the United that some professor from MIT, and I Speaker, I will not yield time at this States sets up a very precious right of attended MIT, had more influence with point, having so few minutes myself. property. I am going to read it. It is the committee and more ability to re- Mr. Speaker, any reasonable person only 32 words. It says in article I, sec- view these sections than Members like would ask why the silence. Why are we tion 8, ‘‘The Congress shall have power myself. You must understand this frus- being silenced and not allowed to ex- to promote the progress of science and tration. plore some of the questions that have useful arts by securing for limited So I do really feel that we are being troubled us over several years? times to authors and inventors the ex- closed out. That means that some in- I listened very carefully to those that clusive right’’—exclusive right—‘‘to terests are being looped in, and it have been involved in these negotia- their respective writings and discov- means that we are not to be given the tions: the gentleman from Indiana (Mr. eries.’’ chance to review this extremely impor- BURTON), the gentleman from Illinois Now, this is not some little amend- tant measure with constitutional con- (Mr. MANZULLO), the gentleman from ment that is part of a manager’s effort. sequences before we are asked to vote California (Mr. ROHRABACHER), the gen- This is the Constitution of the United on it tomorrow. H6946 CONGRESSIONAL RECORD — HOUSE August 3, 1999 Mr. Speaker, I yield 2 minutes to my tem we have today, when we are the My friend the gentlewoman from good friend, the gentleman from Mary- leading industrial-military-arts-power Ohio (Ms. KAPTUR), when she was read- land (Mr. HOYER), who has fought so in the world? Everyone else wants to ing earlier the provision that she read, hard trying to get reform that is fair to file their patents here because of the of course, it is subject to paragraph 2, all concerned. very successful system that we have. If exceptions for independent inventors Mr. HOYER. Mr. Speaker, I thank we do it wrong, we jeopardize our own who file only in the United States. the gentlewoman for yielding, and I leadership. That is covered. want to join her in her expressions of So why are we so afraid to take the I apologize, Mr. Speaker, if I am be- concern about the process. time to let Members read these provi- coming a little wrought, but I am a lit- The gentleman from California, my- sions? If the bill is so good, then it will tle wrought, and I am normally an easy self, and others as well as the gentle- go through on its own merits, but not dog with which to hunt. But when I woman from Ohio (Ms. KAPTUR) through clamping down on regular think about all we have done, and then throughout the process of consider- order in the debate that should precede I see the gentleman from California. ation of legislation, the history of on a measure with constitutional con- Mr. ROHRABACHER. Mr. Speaker, which Mr. ROHRABACHER gave a little sequences. will the gentleman yield? earlier, have raised very significant Frankly, if it is a bad bill, it is going Mr. COBLE. I yield to the gentleman concerns. Those concerns were raised to end up in the courts and it is not from California. not for those who can lobby this House going to go anywhere. So we owe it to Mr. ROHRABACHER. Mr. Speaker, very effectively, but for those small in- the American people to do it right the let me just note that the section of the ventors whose lifeblood relies on the first time. bill that the gentlewoman from Ohio integrity of their patent application. Mr. Speaker, I thank the gentle- (Ms. KAPTUR) read and said, my gosh, Because of that concern we have woman for yielding me the 10 minutes, we need to look at this more, and why raised repeatedly the reservations, I do but I truly wish at a minimum 20 min- just foist it on us, the gentlewoman not even want to say opposition, but utes for a constitutional question, is from Ohio (Ms. KAPTUR), that portion reservations to this bill that were ex- that really asking too much? of the bill has not been changed and Ms. LOFGREN. Mr. Speaker, I yield 1 pressed to us by hundreds of small in- has been available for 3 or 4 months minute to the gentlewoman from Cali- ventors, perhaps thousands of small in- now. fornia (Ms. SANCHEZ). This is not something that somebody ventors, represented by them around Ms. SANCHEZ. Mr. Speaker, I thank is moving through, trying to slide this country. my colleague from California for gener- My concern tonight is that the gen- through the system. The gentlewoman ously yielding me time tonight on this is complaining about the section of the tleman from California (Mr. ROHR- subject. ABACHER), for whom I have a great deal Mr. Speaker, I rise today in support bill dealing with the 18-month publica- of respect, the gentleman from Illinois of H.R. 2654, the American Inventors tion. That has not changed. The gentle- (Mr. MANZULLO), for whom I have a Protection Act. The bill improves cur- woman has had that in her possession great deal of respect, who signed a let- rent patent law and it is in our na- ever since it went through committee a ter with me, with the gentlewoman tional interests. The United States is couple months ago. from Ohio (Ms. KAPTUR) and the gen- currently the only industrial nation Let me make one or two more points. tleman from California (Mr. HUNTER) without a first invention defense, and We have in the last few days, most of with reference to the bill in its pre- this bill will close that gap. what has been talked about, the gentle- vious form, we did not want it to move The first invention defense allows a woman did not get this 100-something quickly. company who is using a manufacturing page bill and never had a chance to We have now had changes in the bill process, if someone patents that proc- read it. Most of that bill is exactly the which the gentlewoman from Ohio (Ms. ess after the company has been using same, and the changes that have taken KAPTUR) has referred to which, frankly, it, to continue to use it. This is in the place are small changes that were done I have not had the opportunity to re- best interests of competitive growth in order, as the gentleman from North view fully, and I have a sense that and our industrial technology. The bill Carolina (Chairman COBLE) said, to ac- maybe I am with the 430 people in this also makes the Patent and Trademark commodate the very people that we House. There perhaps have been four or Office better equipped to deal with the have been trying to protect. Those five who have reviewed this legislation. flood of patent applications that come changes are not so dramatic that it But I am very concerned that we are in every day. takes very long to digest them. It is moving this tonight on suspension. We Clearly this is a bill that is good for not a 118 page bill that is shoved in are not going to vote until tomorrow, I American business, and it therefore your lap that is totally new. Almost all understand that, without having the will also be good for the American con- of that has been in your possession all opportunity to fully review, debate, the sumer. I urge my colleagues to vote for of this time. provisions of this bill. H.R. 2654. Mr. COBLE. Mr. Speaker, reclaiming The gentleman from California made Mr. COBLE. Mr. Speaker, I yield my- my time, I want to address a question a very good statement, I thought, self such time as I may consume. that the gentlewoman from California going through various provisions in the Mr. Speaker, the gentlewoman from (Ms. LOFGREN) asked earlier, and I bill about which we had concerns. I re- Ohio said she was offended. Well, I am want to do it before I forget it. When gret I do not have more time to speak. becoming offended too, when I think of the gentlewoman talked about the PTO Ms. KAPTUR. Mr. Speaker, I yield all the time that we have put in listen- authorizing the publishing of docu- myself such time as I may consume. ing to every person who wanted to be ments electronically, it was done to en- Mr. Speaker, I regret the gentleman heard. The gentlewoman from Ohio sure that the users of the Patent and does not have more time as well. I wish (Ms. KAPTUR) submitted a PTO fees for Trademark Office may have a more ex- to say to the gentleman, thank you study for small businesses. It is in the peditious and thorough access to pat- very much for being here this evening, bill. Her own study is in the bill, sec- ent-related information. I think I know and to say thanks to our colleagues tion 622. from where the gentlewoman from who have also labored on this bill. The Alliance for American Innova- California (Ms. LOFGREN) is coming There is regular order here. We tion, a group known to the gentle- from, and I will be happy to discuss the should have regular order, especially woman from Ohio (Ms. KAPTUR) and security aspect with her at a subse- on a bill of constitutional magnitude. adamantly opposed to our bill, I in- quent time. We all recognize it is. vited them not once, but twice to send Ms. LOFGREN. Mr. Speaker, will the Let me say for those of us who may a witness to a public hearing. On each gentleman yield? question why do we need to change occasion, Mr. Speaker, my invitation Mr. COBLE. I yield to the gentle- anything about this patent system was declined. So, yes, I am becoming a woman from California. which protects the seed corn of our little bit impatient as well, because I Ms. LOFGREN. Mr. Speaker, I do not country, the lifeblood of our ideas, think we have indeed turned the other believe we need to specify the security what is so bad about the current sys- cheek, and I am proud of it. issues in this bill, but I accept the August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6947 chairman’s commitment to work with any prior user rights for any other a coming together of all interests in forging a me, and I am sure with the gentleman process, method, or product or other bill that represents openly and fairly the inter- from Virginia (Mr. GOODLATTE), to en- statutorily recognized class of patent- ests of everybodyÐincluding and especially sure the encrypted security of these able rights. the American people. measures. Second, with regard to title V, Op- I have had a hand in working in the fol- Mr. COBLE. I thank the gentle- tional Inter Partes Reexamination Pro- lowing areas of the bills. woman. cedure, what we did in that was, in ad- First, with regard to title IIÐFirst Inventor Mr. Speaker, I yield 5 minutes to the dition to keeping the present law of ex Defense: Before the State Street Bank and gentleman from Illinois (Mr. MAN- parte reexamination procedure, which Trust case, as to which in 1998 the U.S. Su- ZULLO). gave certain rights to the inventor and preme Court denied certiorari and thereby Mr. MANZULLO. Mr. Speaker, these to the challenger, we came up with an upheld the Court of Appeals for the Federal past 2 days have been perhaps the most additional section, the inter partes re- Circuit, it was universally thought that methods challenging in my life as a United examination which, if selected by the of doing or conducting business were not States Congressman. I, first of all, third party requester, would entitle among the statutory items that could be pat- want to thank the gentleman from that person to participate further by ented. Before that case, everybody would North Carolina (Chairman COBLE) for filing written documents within the keep their methods of doing or conducting his patience, his understanding, his Patent Office. business as secret as they could and never wisdom, and his knowledge of this sub- In exchange for that, there would be tried to patent them. In recognition of this pio- ject. I come to this gentleman’s de- a complete estoppel or prohibition to neer clarification in the law, we felt that those fense not only because of the scholar- contest the decision. The purposes of who kept their business practices secret had ship and the reputation he has for hon- our making those changes was to stop an equitable cause not to be stopped by esty in this country, but also for the any additional litigation that may someone who subsequently reinvented the fact that many people have attacked come as a result of this law. method of doing or conducting business and the gentleman from North Carolina This means fairness for everybody. obtained a patent. We, therefore, limited the first inventor defense solely to that class of (Mr. COBLE) personally because of this For the inventor who has a request for rights dealing with ``methods of doing or con- bill. I believe that if there is any at- reexamination filed against him, in the ducting business.'' It is distinctly to be under- tack, it should be to the legislative present ex parte reexamination proc- stood that we do not intend to create first in- language, and not to an individual’s in- ess, he still has the same rights he does ventor defense or prior user rights for any tegrity. under the present law; that is, the other process, method, or product, or other These have been challenging days. In third party has to rely on his initial statutorily recognized class of patentable addition to the gentleman from North written documents. The third party rights, which in fact had been included in the Carolina (Mr. COBLE), I want to thank has no right to appeal in the event that original draft of this legislation, but which was the gentleman from California (Mr. he loses a challenge. If the inventor stricken upon agreement of all the parties on ROHRABACHER), the gentleman from In- loses, he still may obtain his right to this legislation. diana (Mr. BURTON) and the gentleman appeal to the Court of Appeals. To the third party, he may proceed Second, with regard to title VÐOptional from Illinois (Mr. HYDE), the chairman Inter Partes Reexamination Procedure: We of the Committee on the Judiciary. under the present law or the option to file the inter partes reexamination. clearly retain the present existing ex parte re- We have labored endlessly in these examination rules without change, Chapter 30 past 2 days to come up with a bill that So it is a matter of fairness to everybody in maintaining the integrity of of title 35, United States Code. In addition we protects the integrity of the patent added an optional inter partes reexamination system of this country, while giving the Patent Office. Sure, we have had a lot of people help us on this in addition procedure, which, if selected by a third party fair and open access to it by large cor- requestor, would entitle that requestor to par- porations and by individual inventors. to the Members and Bob Rines who founded the Franklin Pierce Law Cen- ticipate by filing written documents within the The bill is not a compromise in that Patent Office only, and would bar the re- ter at MIT, founder of the Academy of parties give up or gain any rights. questor from appealing to the Federal Court of Applied Science, an inductee of the In- Rather, it is a coming together of all Appeals of the Federal Circuit if the Patent Of- vestors’ Hall of Fame, an inductee of interests in forging a bill that rep- fice decided the patent reexamination in favor the Army Signal Corps Wall of Fame, a resents openly and fairly the interests of the inventor. In selecting this optional inter Lecturer at the MIT since 1933, a of everybody, especially and including partes procedure, however, the requestor former lecturer of patent law at Har- the American people. would be bound by the decision of the Patent vard, the inventor of the sonogram, a I worked in two areas of the bill, first Office and estopped (or prohibited) to contest person who has practiced patent law with regard to title II of the first in- the decision in any other civil action outside for 55 years and has no interest other ventor defense. Before the State Street the Patent Office. Bank and Trust case as to which in 1998 than to maintain the rule of law and This means fairness for everybody. For the the U.S. Supreme Court upheld the the integrity of the patent system. He inventor who has a request for reexamination Court of Appeals for the Federal court, came and helped everybody out. filed against him in the present ex parte reex- it was universally thought that meth- But, Mr. Speaker, this bill is a good amination process, he still has the same rights ods of doing or conducting business bill because it protects everybody. But as he does under the present law: (a) the third were not patentable items. most of all, it protects the integrity of party has to rely on his initial written docu- the patent system. I would ask that b 2215 ments and cannot participate in the discussion when the Senate takes it up that the between the inventor and the patent office; (b) Before that case, everybody would bill would be unchanged in its present the third party has no right to appeal in the keep that secret and never tried to pat- form. event he loses his challenge; and (c) if the in- ent it. In recognition of this pioneer Mr. Speaker, these past two days have ventor loses, he still maintains his right to ap- clarification in the law by that case, been two of the most challenging I have had peal to the Court of Appeals. we felt that those who kept their busi- as a Member of Congress. I have had the op- For the third party, he may either proceed ness practices secret had an equitable portunity to work with my good friends and under the present law, as outlined above, or cause not to be stopped by someone colleagues, Congressmen HENRY HYDE, chair- have the option to filed under the inter partes who subsequently reinvented the meth- man of the Judiciary Committee, HOWARD reexamination procedure, and file further doc- od of doing or conducting the business COBLE, chairman of the Judiciary Sub- uments (as opposed to just the initial docu- or obtaining a patent. We, therefore, committee on Intellectual Property, and DANA ment) and thus participate in the proceedings limited the first inventor defense sole- ROHRABACHER. We have labored endlessly in the patent office, but with no right to a court ly to that class of rights dealing with these past 2 days to come up with a bill that appeal if the Patent Office decides against methods of doing or conducting busi- protects the integrity of the patent system in him, and with an estoppel (prohibition) against ness. the country, while giving fair and open access his challenging the Patent Office decision in It is succinctly to be understood that to it by large corporations and individual inven- any forum. we do not intend to create by legislators. The bill is not a compromise in that par- With regard to title VIÐPatent and Trade- tive fiat the first inventor defense or ties ``give up'' or ``gain'' any rights; rather, it is mark Office, we are proud to say that the sole H6948 CONGRESSIONAL RECORD — HOUSE August 3, 1999 mission of the Patent Office is to protect intel- This Act will strengthen our Nation’s (Mr. ROHRABACHER), the gentleman lectual property of the inventor and to that technological leadership, protect from California (Mr. CAMPBELL), the end, the title lets the Patent Office retain and American workers, and reduce the cost gentleman from Illinois (Mr. MAN- use for its purposes all the revenues and re- of obtaining and enforcing patents in ZULLO), and the gentleman from Indi- ceipts. This means the Patent Office will have the United States. ana (Mr. BURTON) because they opposed additional funds to retain professional staff, When I stood earlier this evening, I this last year. provide increase training and facilities, and expressed reservations about the The gentlewoman from Ohio (Ms. make the patent system as affordable as pos- changes that were made in the bill be- KAPTUR) said, well, there is only four sible to the inventors. tween reporting, I would say unani- or five. Well, this is representative gov- Ms. LOFGREN. Mr. Speaker, how mously by the full committee, and re- ernment. We cannot have 435 out here. much time is remaining? ceipt of the bill today. This is representative. If we get a sam- The SPEAKER pro tempore (Mr. MIL- As I mentioned, legislating is like pling of a dozen people, we have gotten LER of Florida). The gentlewoman from making sausage. There are many as- a good input. California (Ms. LOFGREN) has 4 minutes pects that are not delightful. But I The gentleman from Missouri (Mr. remaining. The gentleman from North would note that the changes that have GEPHARDT), the minority leader. Both Carolina (Mr. COBLE) has 3 minutes re- been made as explained by the chair- parties, Republican and Democrat, maining. man are really discrete ones. have high-tech agendas, and this mat- Ms. LOFGREN. Mr. Speaker, I yield As the gentleman from California ter is on both those agendas. Patent myself such time as I may consume. (Mr. ROHRABACHER) pointed out, the Coalition, major associations involved Mr. Speaker, the American Inventors bulk of this bill is exactly what was re- in intellectual property. Bipartisan and Protection Act of 1999 revamps our pat- ported by the committee. It has been unanimous support of members of the ent system so it is ready to meet the available to every Member of the pub- Subcommittee on Courts and Intellec- challenge of our Nation’s high-tech in- lic and this House for many months. tual Property and the Committee on dustry and the global economy. The five changes that have been We had a spirited debate in the last the Judiciary. made, although not what I necessarily Congress on our predecessor bill, H.R. I think the significant feature here, would have crafted, are those that I 400. While H.R. 400 did pass the House, Mr. Speaker, is that intellectual prop- can tolerate, that I think American in- it died in the Senate. This year I be- erty is so obviously important to the ventors can tolerate. I understand that lieve we made the changes that meet well-being of our economy, and it they are necessary in order to garner the concerns raised during the floor de- should not be casually dismissed. the kind of broad consensus that is re- bate in committee. I want to thank the gentlewoman The bill was first published as a com- quired in order to move this bill for- from California (Ms. LOFGREN) for her mittee print so everyone could make ward. effort tonight. I want to thank the gen- known their objections and so final de- We know that the intellectual prop- tleman from Illinois (Chairman HYDE), tails could be carefully considered be- erty is the coin of the realm in an in- the gentleman from Michigan (Mr. fore the bill’s formal introduction. formation-based economy that ours has CONYERS), the ranking member, the Now that the Subcommittee on become. Without strong protection of Democrats and Republicans alike who Courts and Intellectual Property has intellectual property, including patent sat on our subcommittee. favorably reported the result of all law, we put at risk the tremendous I am proud of what we have done. I that effort, as has the full committee, prosperity that we have created here in am happy to have our converts over I encourage support of the bill. America, our wonderful country. from last year who opposed us. We em- It requires early publication of our This bill will go a long ways towards brace one another now. I think we are foreign competitors’ technology, it pro- enhancing the protection that we need on our way. Even the Whip appears to tects American investors from unscru- for our intellectual property. There- be smiling as if he is in our corner. pulous invention promotors, it protects fore, I can now, understanding the five I want to echo what the gentlewoman domestic manufacturers and jobs from discrete changes, support the bill. I from California (Ms. LOFGREN) said. late-filed and issuing patents, half of urge that my colleagues would support Let us send this to the Senate. Let the which are foreign owned, it provides an the bill. I hope that the Senate will act Senate, the other body, act with dis- inexpensive and efficient system for swiftly to get this long overdue meas- patch, and let us get this into law for challenging improvidently granted pat- ure enacted into law. the benefit of America generally and ents, and it gives the Patent and Mr. COBLE. Mr. Speaker, I yield my- the inventing community specifically. Trademark Office operational flexi- self such time as I may consume. Mr. ROHRABACHER. Mr. Speaker, bility that it needs. Mr. Speaker, I say to the gentle- will the gentleman yield? Under this bill, no U.S. inventor who woman from Ohio (Ms. KAPTUR) I did Mr. COBLE. I yield to the gentleman seeks patent protection only in the not yield to her earlier because I did from California. United States will have to publish not have the time; and the gentle- Mr. ROHRABACHER. Mr. Speaker, I their patent application, that is, if woman from California (Ms. LOFGREN) think we should pay tribute also to the they wish to maintain their invention’s did yield 10 minutes, so I do not think gentlewoman from Ohio (Ms. KAPTUR) secrecy. anybody was cutting anybody off. who has put a lot work in on this. But a U.S. inventor will get to see Much has been said about coming When she reads all of this, she is going what foreign competitors are seeking here tonight. Last night, this bill was to be so happy with this bill. to patent here more than a full year on the calendar. But in an effort to The gentleman from North Carolina earlier than is the case under current make yet more changes for the inde- (Chairman COBLE) has done a great job, law. pendent inventors, we are here tonight, and the gentlewoman from Ohio (Ms. While the administrative procedure almost at the bewitching hour. Fifty- KAPTUR) is going to be happy with it. for testing patents in the PTO by ex- five cosponsors, Mr. Speaker, nine Mr. COBLE. Mr. Speaker, I say to the pert examiners will be made fairer, hearings have been conducted, 90 wit- gentleman, I hope she will be happy be- thus enhancing its utility, a number of nesses have been before three sessions cause her study report is in the bill. safeguards have been added to ensure of the Congress. Most of what the gentlewoman wanted that patentees, especially those of lim- No, this is not a Johnny-come-lately. is in here, so I would be amazed if she ited financial means, will not be har- This is not a guy who came to the was not happy. assed or otherwise subject to predatory party at midnight. We know this vis- Mrs. KELLY. Mr. Speaker, I rise in strong tactics. itor. This visitor is well known to all of support of H.R. 1907, the American Inventors In addition to the PTO’s being reor- us. Protection Act, legislation which might be ganized into a performance-based orga- Let me tell my colleagues, Mr. more aptly titled the ``Keep America Competi- nization, the creation of the statutory Speaker, who sponsors it, who supports tive Act.'' advisory committee will be of value the bill: Inventors Digest and inde- H.R. 1907 comes before us as a consensus both to the Congress, the President, pendent inventor Robert Rines. I men- bill. In the last Congress we had a battle on and the public. tioned the gentleman from California the floor when we debated this issue. Now we August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6949 have a bill before us that, while, as we have Chairman HYDE and all others in making this ware Alliance, the National Association of heard, there is very limited opposition, I be- bill a reality. ManufacturersÐwhy even the Indiana Manu- lieve almost all of us can support. A man- Mr. GOODLATTE. Mr. Speaker, I rise today facturers AssociationÐthe obstacles that have ager's amendment contains the core provi- in strong support of this important legislation, been thrown up to our efforts to get this bill sions of H.R. 1907 which enjoys 56 cospon- and I want to congratulate those who worked scheduled for consideration are very hard to sors nearly equally represented by both sides so hard to reach this agreement. This is a understand. of the aisle. very good bill and a very, very important bill to While I supported earlier versions of this H.R. 1907 makes a number of common- protect the competitiveness of American busi- legislation, including H.R. 400 as approved by sense improvements to our patent system. It ness and American inventors, large and small. our Committee last year, I am always loathe to is the culmination of over 4 years of extensive I commend the gentleman from North Caro- make the best enemy of the good. Today's hearings and debate among Members of dif- lina, my good conservative friend, and the legislation has won broader support than pre- fering views on patent reform who have had gentleman from California, Mr. ROHRABACHER, vious versions of this legislation, and I salute many opportunities to refine the legislation to for pushing this legislation forward. Both gen- my colleague from North Carolina and his staff what we will be voting upon today. tlemen know how important this legislation is for their patience and persistence in bringing Members have agreed upon these provi- for the American people. us a giant step closer today to our mutual goal sions because they recognize that we in Con- Mr. Speaker, we are currently dealing with a of patent reform. gress cannot continue to postpone action on situation where we have got to act and act I strongly support this bill, and urge my col- this critical topic of how our patent system now to protect American inventors from a situ- leagues to do so as well. works. Those of you who are businessmen ation where that technology is being stolen Mr. DOOLEY of California. Mr. Speaker, I and women know that to be successful, you under current law. rise today in support of H.R. 1907, the Amer- must constantly refine how your organizations Under current law, every single patent that ican Inventors Protection Act. The bill, intro- operate in order to remain competitive in the is filed in the other major industrial countries duced by Representatives COBLE and BER- face of a changing environment. The same is around the world is published after 18-months, MAN, and now cosponsored by a bipartisan co- true to our patent system. in Japanese, in German, in French, for those alition, will provide much needed patent pro- We are facing an economic environment inventors and those countries to see. Forty- tection to American inventors. This bill also that is changing more rapidly than ever, and five percent of all the patents filed with the makes the Patent and Trademark Office we must give our inventors, entrepreneurs, U.S. Patent Office are filed by foreign inven- (PTO) more accountable to its customers, and and patent system the tools they need to ad- tors, and U.S. inventors do not get to see that allows customers to recoup patent term lost dress these changes. technology filed here in the United States. during the patent process at the PTO. Without H.R. 1907 provides significant benefits and This bill provides greater protection for the a doubt, H.R. 1907 is a pro-growth bill that additional protection for all those with the in- small inventor by improving the patent pending would foster technological advancements with- ventive and entrepreneurial spirit, while ad- provisions of the law. This bill protects the out leaving the small businessperson behind. The United States is by far the world's larg- dressing some of the abuses in the patent small inventor in this country by giving them est producer of intellectual property. Many system, that we have witnessed in the past. the opportunity to get capital behind those in- other nations have learned from our success, Among the attractions of H.R. 1907 are: ventions much sooner than they get under and have enacted laws targeted to protecting The opportunity for inventors to collect roy- current law. intellectual property developed by small busi- alties from the time a patent application is Mr. Speaker, this is a good bill. It is a good nesses, inventors and industries. Major published; bill for the little guy, and we should vote for changes are needed in U.S. patent law to en- Assurance that diligent inventors will get a the bill and get this major improvement to sure that American inventors and businesses minimum patent term of 17 years; competitiveness in the United States against that are largely dependent on the development Protection for small businesses who are first our foreign competition done. of intellectual property have the opportunity to to invent and use processes, so that they do Mr. BERMAN. Mr. Speaker, I rise in strong support of H.R. 1907. As ranking member of compete and win in the global marketplace. not have to pay others who later usurp their Enactment of this legislation is crucial to the Subcommittee on Courts and Intellectual technology and patent it; promoting growth in the New Economy and to Publication of U.S. patent applications which Property, I can attest to the longstanding ef- ensuring that the competitiveness of the U.S. forts of my colleagues and predecessors on are also filed abroad, thus eliminating an ad- high-tech sector, including biotechnology will vantage our patent system gives to foreign the Subcommittee, Carlos Moorehead, Pat be enhanced by this bill. companies; Schroeder, and BARNEY FRANK, on behalf of The bill would require the publication of pat- Reducing costly patent litigation by improv- this legislation. Now thanks to the very hard ent applications at eighteen monthsÐa re- ing the Patent Trademark Office reexamination work of the gentleman from North Carolina quirement that would make U.S. patent law process for patents which may have been and his staff, with the assistance of the consistent with the laws of our leading foreign issued inappropriately. gentlelady from California, we now move one competitors. Under the current two-tiered sys- We are all working hard to make sure that step closer to enactment of reforms that will tem almost 80 percent of all patent applica- U.S. inventors and entrepreneurs are posi- more effectively protect the creativity and in- tions pending in the United States are also tioned to take advantage of the significant vestments of American inventors, entre- filed and published in other countries and transformations underway in our economy, preneurs, and businesses. printed in the language of the host country. transformations that are unsurpassed in in- A voluminous record has been complied by This publication requirement means that for- creasing new jobs. These transformations, our subcommittee in support of this legislation, eign competitors may review the U.S. patent many of which can rightly be labeled elec- comprising many days of hearings over sev- application. But because the U.S. system does tronic commerce, are generating significant in- eral Congresses. As a result of that record, I not require patent publication prior to novations. However, not all innovations are am convinced that this bill is unquestionably in issuance, foreign competitors are not required patented. We must make sure that true the national interest. I embrace the conclu- to reveal the subject of their applications until innovators have the incentives and protection sions of the 21st Century Patent Coalition that after a U.S. patent is issued. they need to continue the process of inven- the bill will improve the quality of patents, re- Patent reform legislation also targets a prac- tion, whether or not they elect to patent their duce the costs of resolving patent disputes, tice known as ``submarine patenting,'' in which inventions. However, nothing in H.R. 1907 put an end to rules favoring foreign applicants a patent applicant deliberately files a very eliminates a patentee's exclusive right to col- over American companies, protect American broad application and then delays the lect royalties on his or her invention. At the businesses and jobs, and not least of all, issuance of a patent for several years until same time, we must continue to provide new strengthen the rights of inventors who now someone else, who is unaware of the hidden incentives for our patentees, and to make sure suffer from delays at PTO that are not their patent application, invests in research and that a U.S. letter patent remains a thing of fault. technology to develop a new consumer prod- quality and value. In view of the strong support of a wide uct. When the product is developed, the hold- H.R. 1907 does all these things, and I urge range of associations and interests, including er of the ``submarine patent'' rises above the its passage by this Body and its enactment at a very large number of Fortune 500 compa- surface to sue those who have developed the the earliest opportunity. In short, I hope my nies, the Biotechnology Industry Association, technology. colleagues will join me in supporting this im- the Computer and Communications Industry Submarine patent filings have risen sharply portant legislation to keep America competitive Association, the Pharmaceutical Research and since the early 1980's. One of these sub- in the 21st century. I thank you, Mr. COBLE, Manufacturers Association, the Business Soft- marine patents cost one company more than H6950 CONGRESSIONAL RECORD — HOUSE August 3, 1999 $500 million, not including court costs, taking under a previous order of the House, nail on welfare reform. And, frankly, R&D dollars out of the system. Reform is the following Members will be recog- Madam Speaker, the debate was not needed to prevent individuals from manipu- nized for 5 minutes each. very civil. My colleagues on the other lating the system at great costs to others who f side of the aisle charged that Repub- are investing in research and innovation. The SPEAKER pro tempore. Under a licans wanted to kick desperate people The U.S. should promote industries and previous order of the House, the gentle- out on the street to fend for them- sectors of our economy that provide the U.S. woman from New York (Ms. WOOLSEY) selves. Our opponents on welfare re- with the greatest relative competitive advan- is recognized for 5 minutes. form screamed that the Republicans tage in the global marketplace. The U.S. is a (Ms. WOOLSEY addressed the House. would be responsible for countless leader in research, innovation, and the devel- Her remarks will appear hereafter in starving people in this country. Our op- opment of intellectual property, but this advan- the Extensions of Remarks.) ponents maintained that reforming tage could be jeopardized if U.S. patent law is welfare would create an unmitigated f not reformed to create a level playing field social disaster. with our competitors. U.S. patent law should The SPEAKER pro tempore. Under a Well, it is time to set the record be reformed to ensure that our businesses previous order of the House, the gen- straight. Americans are not starving and researchers are well positioned to com- tleman from Indiana (Mr. BURTON) is due to the Republican insistence for pete in the global economy today and into the recognized for 5 minutes. welfare reform. Americans are not future. (Mr. BURTON of Indiana addressed sleeping on park benches due to Repub- The SPEAKER pro tempore. The the House. His remarks will appear lican insistence on welfare reform. And question is on the motion offered by hereafter in the Extensions of Re- without question, there have been no the gentleman from North Carolina marks.) social upheavals of any kind as a result (Mr. COBLE) that the House suspend the f of the Republicans’ insistence to reform welfare. rules and pass the bill, H.R. 1907, as VACATION OF SPECIAL ORDER In fact, quite the opposite is true. amended. AND GRANTING OF SPECIAL The results of Republican welfare re- The question was taken; and the ORDER Speaker pro tempore announced that form have been so incredible that the ayes appeared to have it. Mr. DELAY. Madam Speaker, I ask President Clinton has typically been Mr. COBLE. Mr. Speaker, on that I unanimous consent to vacate the time taking credit for the success, despite demand the yeas and nays. allotted to the gentleman from Indiana the fact that he vetoed welfare reform The yeas and nays were ordered. (Mr. BURTON) and take it myself. twice before reluctantly signing it into The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there law. That is right, President Clinton ant to clause 8 of rule XX and the objection to the request of the gen- vetoed welfare reform not once but Chair’s prior announcement, further tleman from Texas? twice, and now he is trumpeting the proceeding on this motion will be post- There was no objection. success on his own and traveling poned. f around the country claiming all this f success as being his success, his idea, PRESIDENT IS REWRITING his initiative. ANNOUNCEMENT OF INTENTION TO HISTORY Well, this tactic is nothing new. We OFFER MOTION TO INSTRUCT ON The SPEAKER pro tempore. Under a are used to it. We have been used to it H.R. 1905, LEGISLATIVE BRANCH previous order of the House, the gen- for 41⁄2 years now. Republicans are ac- APPROPRIATIONS ACT, 2000 tleman from Texas (Mr. DELay) is rec- customed to working hard to initiate Mr. TOOMEY. Mr. Speaker, pursuant ognized for 5 minutes. commonsense reforms that the Demo- to section 7(c) of House rule XX, I here- Mr. DELAY. Madam Speaker, I rise crats oppose only to watch Democrats by notify the House of my intention to- today to set the record straight. The adopt these ideas after they succeed. morrow to offer the following motion President of the United States was in Democrats even tried to take credit for to instruct House conferees on H.R. Chicago today taking all kinds of cred- the budget surplus, even though every- 1905, making appropriations for the it for the successes of the Welfare Re- one knows that it was the Republicans Legislative Branch for the fiscal year form Act that was passed by this Con- in Congress who rammed the balanced ending September 30, 2000, and for gress and signed by the President. budget agreement through 2 years ago. other purposes. This President has taken a lot of But the American people know bet- The SPEAKER pro tempore. The credit for a lot of things over the last ter. The American people understand Clerk will report the motion. few years, particularly over the years what separates the Republican philos- The Clerk read as follows: that the Republicans had maintained a ophy from the Democrat philosophy. Mr. TOOMEY moves that the managers on majority of this Congress. Frankly, The Republican philosophy wants the the part of the House at the conference on Madam Speaker, I have had just government to do more with less. The the disagreeing votes of the two Houses on enough. Republican philosophy seeks to em- the Senate amendments to the bill H.R. 1905 This President, Madam Speaker, has power communities with more local be instructed to insist upon— not initiated one thing, one piece of control by freeing them from the re- (1) the House provisions for the funding of straints of big government spending in the House of Representatives under title I of legislation that he takes credit for. Washington. And the Republican phi- the bill; b 2230 (2) the Senate amendment for the funding losophy places ultimate trust in the in- of the Senate under title I of the bill, includ- I will grant him that he finally dividual, who, in most cases, will suc- ing funding provided under the heading signed many of the pieces of the legis- ceed if he is cut free from the chain of ‘‘JOINT ITEMS—ARCHITECT OF THE CAP- lation, but he has not lifted one finger dependence. ITOL—Capitol Buildings and Grounds—sen- to pass any of this legislation that he This stands in stark contrast to the ate office buildings’’; takes credit for through this Congress. big government philosophy of the lib- (3) the House provisions for the funding of There should be no mistake about it, eral Democrats. They do not trust the Joint Items under title I of the bill, other the well-documented success of welfare strength and dedication of the average than the funding provided under the heading ‘‘JOINT ITEMS—ARCHITECT OF THE CAP- reform is the work of the Republican American. The Democrats do not think ITOL—Capitol Buildings and Grounds—sen- majority in this Congress. Back in 1994, that individuals can succeed without ate office buildings’’; and Republicans campaigned on a plan that the government holding their hands all (4) the House version of title II of the bill. included comprehensive welfare re- throughout their life. f form. The Contract With America put Well, the record speaks for itself, Republicans in control of Congress, and Madam Speaker. In the 3 years since SPECIAL ORDERS we delivered on our agenda. welfare reform was passed, over 12 mil- The SPEAKER pro tempore (Ms. History should not be rewritten. The lion Americans have moved from wel- NORTHUP). Under the Speaker’s an- President and the Democrats in Con- fare to work. That is 12 million Ameri- nounced policy of January 6, 1999, and gress fought Republicans tooth and cans who have moved from dependency August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6951 and despondency to independence and responsibility, he said we need welfare creased, for the first time in this cen- dignity. reform. I guess the Republicans forget tury. By December of last year, welfare that. f rolls had dropped by 45 percent. And They chuckle, Madam Speaker, but I that is a national average. Many of the will remind my colleagues of some his- ALL THE ARROWS ARE DOWN States have much higher success rates. tory, for those who were not here, when The SPEAKER pro tempore. Under a For example, caseloads are down by 81 every Democrat voted for a welfare re- previous order of the House, the gen- percent in Idaho and over 70 percent in form bill sponsored by NATHAN DEAL. tleman from Kansas (Mr. MORAN) is Wisconsin. And this is very important. Does that name ring a bell? He was a recognized for 5 minutes. Child poverty rates and overall poverty Democrat at that time, but he had a Mr. MORAN of Kansas. Madam rates have declined every year since bill that we worked on that demanded Speaker, I keep a board in my office welfare was reformed. Beyond any personal responsibility; the expecta- that lists the cash prices of the major doubt, these facts show that hope for tion that if we could, we would be ex- commodities grown in my home State those on welfare is found in more per- pected to work, because the work ethic of Kansas. An arrow next to the price sonal responsibility not more govern- is critical to the success of a family, of indicates whether the price is up or ment bureaucracy. a community, and of a society. That down, and for too long now, and for So, Madam Speaker, the spirit of the bill did not become law, but we had more days than not, all the arrows are American people is based on the free- other bills. down. dom that comes from hard work and Now, my colleagues, how many times Prices for all our major commodities combating the odds. From the begin- have we all heard it complained, oh, if grown in the State of Kansas are at ning of this Nation, Americans of all the President would only let us do this, historic lows. The wheat crop in Kan- walks of life have fought uphill battles we could have done great things? They sas is worth $500 million less this year and won. The Republicans in Congress know that they could not possibly have than last, and prices for corn, soy- believe in the American spirit, and overridden the veto of the President of beans, and milo paint a similar picture that is why we fought so hard to re- the United States. If he had not been for the fall crops. The prices for beef form welfare reform and we should committed, and if he had not led the and pork are depressed as well. And be- have the credit. fight for welfare reform, the Repub- hind these numbers are real people. The President has no right to take licans could not have done it. And they Every day, farmers and ranchers are credit. When the going gets tough, the know that. Period. being forced out of business and off the tough get going, and the Republican My friend, the majority whip, likes farm and ranch never to return. Congress is responsible for welfare re- to say we did it, we get the credit. Very Madam Speaker, I appreciate the form, not the President of the United frankly, everybody in this House de- statements made on Friday about the States. serves the credit, and Americans de- crisis in agriculture and the call upon f serve the credit, and governors deserve President Clinton to work with Con- the credit, and State legislators de- gress to provide relief soon. I could not REVISING HISTORY serve the credit. Why? Because we all agree more. We need to do something The SPEAKER pro tempore (Mrs. perceived that there was a system that and we need to do something now. NORTHUP). Under a previous order of existed which did not encourage and On July 21, I introduced H.R. 2568, the House, the gentleman from Mary- have the expectation of work. But for the Market Loss Assistance Act. H.R. land (Mr. HOYER) is recognized for 5 the fact that Bill Clinton was president 2568 would provide supplemental farm minutes. and led that effort, it would not have income program payments equal to 75 Mr. HOYER. Madam Speaker, I was happened because he could have vetoed percent of a producer’s 1999 payment constrained to rise and respond to my it. And all of my colleagues know that under the Agricultural Market Transi- friend, the gentleman from Texas (Mr. his veto would have been sustained be- tion Act. This is the same mechanism DELAY). The gentleman revises his- cause there were more than 146 Demo- that Congress used last year to provide tory. On a normal night, perhaps no crats in this House and more than 40 emergency relief to farm country. one would rise to say that it was revi- Democrats in the United States Sen- Today, the need is greater and more ur- sionist history at best, or at worst, de- ate. gent than it was a year ago. pending upon one’s perspective. Now, let me go on to balancing the I hope the House will honor my re- In 1992, Bill Clinton ran for President budget. Frankly, my colleagues, what quest to consider H.R. 2568 or other dis- of the United States, and he put for- the Republican Party has been respon- aster relief before Congress goes home ward a document called The New Cov- sible for since I have been in Congress, for the August recess. Our farm and enant. Not a contract on America, a since 1981, is the gargantuan deficits ranch constituents are counting on us new covenant, a new promise, a new and debt that confronts our country. to do the right thing and to do it soon- commitment, a new cooperation, a new Period. Why? Because Ronald Reagan er rather than later. Farmers need as- working arrangement with America. and George Bush proposed in their surance that Congress and this admin- And in that new covenant he said that, budgets those deficits. istration will respond to the crisis. yes, we expect government to do good Now, my Republican colleagues may Otherwise we will lose another genera- things for people. say it is absurd that the gentleman tion of family farmers and rural Amer- Government, in my perspective, is from Maryland (Mr. HOYER) would say ica will continue its difficult struggle. our community at large trying to work that. Well, look at the budgets. Presi- Over the long haul there are many together trying to make lives better. dents Reagan and Bush asked for more things that Congress can and must do But in that new covenant, that my Re- spending in those 12 years than the to get the price arrows up on the chart publican friends so quickly forget, I am Congress appropriated. Now, if they and pointed in the right direction. We sure, Bill Clinton said that we need to did, obviously they planned for those need to open new markets and expand expect of each American personal re- deficits. trade opportunities for U.S. producers. sponsibility; that they will commit Now, were the priorities slightly dif- We need a farm policy that preserves themselves to use their best talents to ferent? They were. But the fact of the flexibility and provides price protec- enhance their own lives because that, matter is Ronald Reagan never vetoed tion. We need adequate risk manage- in turn, would enhance the lives of our a bill for spending too much that was ment tools and research that enhances community, if each and every one of us not sustained by the Congress. In other our competitiveness. But these are all carried our share of the load. words, not a nickel could have been long-term solutions to a near-term cri- It was the President, in 1992, who said spent in this country that Ronald sis. that personal responsibility ought to Reagan did not put his signature on. H.R. 2568 can get assistance to farm be a key word for America’s revival. Not a nickel. country immediately. I ask my col- America heard that, and America So the budget balancing came at the leagues to join me in supporting this elected him. And in that new covenant hands of Bill Clinton, when for 7 years legislation. The time to respond is now, as well, when he talked about personal in a row now the budget deficit has de- not later. H6952 CONGRESSIONAL RECORD — HOUSE August 3, 1999 The SPEAKER pro tempore. Under a lieve he would have found that cleverly disguised as a grand expedi- previous order of the House, the gen- Shoeless Joe played no part in throw- tion to the furthest reaches of fiscal ir- tleman from South Carolina (Mr. ing the Series. It was obvious by the responsibility. SPRATT) is recognized for 5 minutes. way he played. Many speakers have come to this (Mr. SPRATT addressed the House. In the 1919 World Series, Shoeless Joe floor and explained how this country His remarks will appear hereafter in Jackson batted 375, the highest of any cannot now afford to lock itself into an the Extensions of Remarks.) player on either team. He set a World $800-billion tax cut exploding in its sec- f Series record with 12 hits. His fielding ond 10 years to a $3-trillion cut, that was flawless. He had six of the White we should not take steps today which RESTORING THE HONOR OF JO- Sox’s 17 RBIs, and he hit the only Alan Greenspan has cautioned us SEPH JEFFERSON ‘‘SHOELESS homerun of the series. against, that we should not risk the JOE’’ JACKSON A number of people from Senator greatest economic expansion of our The SPEAKER pro tempore. Under a TOM HARKIN of Iowa to the great Ted lifetimes. previous order of the House, the gen- Williams have called for Commissioner But after all the conversation about tleman from South Carolina (Mr. Bud Selig to review the judgment made this $800-billion to $3-trillion tax cut DEMINT) is recognized for 5 minutes. in haste 80 years ago. I would like to and what it means in its fiscal effect, Mr. DEMINT. Mr. Speaker, this is a add the names of every Member of this there has been precious little discus- true story. In 1908, a textile mill work- House to that list. sion about what is actually in the bill. er from Greenville, South Carolina, Shoeless Joe was undoubtedly one of Well, I will tell my colleagues what who learned to play baseball on mill the greatest to play America’s favorite is not in it. A repeal of the marriage teams, made his minor league baseball pastime. He worked his way up through penalty is not in this bill. They could debut for the Greenville Spinners. He the textile mills of South Carolina and not find a way to do it, limited as they could not read or write, but he could lived the American dream. He loved were to $800 billion. In fact, there is far sure play the game. His name was Jo- the game of baseball. The time has less marriage penalty relief in this bill seph Jefferson Jackson. And in my come for the commissioner to review than there was in the Democratic al- town and in my State and in baseball the record and give Joe Jackson his ternative that cost only $250 billion. circles around the world, he is a legend. rightful place of honor. What also is not in this bill is any During a game in his first year in the When the heros of today, McGuire, real help for school construction. The Sosa, Ripken, Griffey, and when the he- minor leagues, Joseph Jackson’s feet Democratic alternative said we as a roes of tomorrow who are still dream- began to hurt because of his shoes, so Federal Government would pay the in- ing their dreams on little league fields he took them off. He then proceeded to terest on school bonds so that if school and school playgrounds, when they all hit a triple, sliding into third. One of districts have more classrooms for come to Cooperstown to be enshrined the fans in the crowd heckled him, say- smaller class sizes, the Federal Govern- with the other greats in the baseball ing he was a shoeless son of a gun. The ment would help. Hall of Fame, they deserve to be along- nickname ‘‘Shoeless’’ stuck. All this bill does is relax the arbi- side one of the greatest players who Shoeless Joe Jackson had one of the trage rules, inviting local school ever played the game. most mythical careers in baseball his- boards to invest their money in deben- tory. I think they would all want Shoeless Joe there with them. The people from tures and derivatives and other things b 2245 my district and people from all over that caused Orange County to go bank- He is mentioned among the greats: the country have been working for rupt. It does nothing more for schools Babe Ruth, Ted Williams, Hank Aaron, years to have Jackson’s good name than give the school boards a free tick- Lou Gehrig. His 356 lifetime batting av- cleared and his honor restored. et to Las Vegas with the bond money. erage achieved over a 13-year career is I want to do whatever I can to give So what is in this bill? How have third only behind Ty Cobb and Rogers him the honor that he is due and to they managed to allocate 45 percent of Hornsby. honor the people who have been in- the benefits to the top one percent in In 1911, in his first major league sea- spired by his memory to rebuild and re- our society? son with Cleveland, Shoeless Joe bat- vitalize his hometown, West Green- Well, for example, they have got the ted 408, the highest batting average ville, to honor his name. interest allocation rules, costing over ever by a rookie. Traded to the Chicago On behalf of the people of my district $43 billion over 10 years that turn to White Sox in 1915, he led the team to who have worked so hard to uphold the major multinationals and say, if you victory in the 1917 World Series against memory and the honor of Shoeless Joe close down your factories in the United the New York Giants. Jackson and along with the entire States and invest abroad, we will cut Yet, while his name is mentioned South Carolina Congressional Delega- your taxes. among the greats, Joe Jackson is not tion, last Friday I introduced a resolu- But there is more. There is the modi- with them in the baseball Hall of tion calling for Shoeless Joe to be ap- fication of treatment of worthless secu- Fame. After the infamous 1919 Black propriately honored. I believe this reso- rities, certain financial institutions. Sox scandal, Jackson was suspended lution is an opportunity to pay respect There is a whole lot of stuff in here for for life from the league by the commis- to one of the all-time great players of the oil companies. My favorite and sioner of baseball. America’s great national pastime. their favorite is the repeal for special Madam Speaker, this was a bad call. I urge my colleagues to support this foreign tax rules. In 1919, a New York gambler allegedly resolution to restore the name of This means that if Texaco gives a ton bribed eight players of the Chicago Shoeless Joe. of money to Saudi Arabia or Kuwait in White Sox, including Shoeless Joe, to f return for the oil that they remove throw the first and second game of the from their desert sands, Uncle Sam re- 1919 World Series. When the news came REPUBLICAN TAX BILL IS TRULY imburses them penny for penny for out the following year, the case was TAX FRAUD what they pay for the oil that they brought to criminal court. The SPEAKER pro tempore (Mrs. then charge you and me for. A number of individuals, including NORTHUP). Under a previous order of But there is more for the oil compa- local sportswriters and White Sox the House, the gentleman from Cali- nies, like allowing a 5-year carry-back owner Charles Comisky, all testified to fornia (Mr. SHERMAN) is recognized for of NOL carry-forwards under a special Jackson’s innocence. After the trial he 5 minutes. rule; suspending the 65-percent tax was acquitted. However, the new com- Mr. SHERMAN. Madam Speaker, limit on the percentage depletion al- missioner of baseball, Judge Kennesaw after 20 years as a CPA, 6 years as a tax lowance; allowing geological and geo- Landis, decided to ban all the players judge, I know tax fraud when I see it. physical costs to be deducted cur- who were allegedly involved without The tax bill passed by the Republican rently; allowing delay rental payments even conducting an investigation. majority is truly tax fraud. to be deducted currently, while modi- If Commissioner Landis had taken It is a giant shift of our national in- fying the section 613(d)(4) rules so that some time to review the evidence, I become to the wealthiest one percent, integrated oil producers can get the August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6953 same benefits as independent wild- captured the high-end market in China took office, and this is the Reagan ad- catters. because of our Government’s export ministration, through 1988, with Presi- Then there is the stuff for the big control policy. This at the same time dent Bush during that period, we found chain store, such as the liberalization domestic consumption of U.S. machine that the trend in prevalence of drug of the tax treatment of certain con- tools has dropped 45 percent. use actually went down. These are the struction allowances and contributions Europe sells the same machines to facts. received by retail operators. China that we could that do the same Now, again the President said, ‘‘And What does that mean? It means the things, but we are barred by selling one of the sad things that was up was big chains can get a big payment to put them because of our export policy. We drug use.’’ That is what the President a big store as the anchor tenant in a only hurt ourselves. said. These in fact, Mr. Speaker, are big mall, and they do not have to pay We are now learning the same lesson the statistics. These are not tainted or taxes on that big payment. But of on commercial satellite exports. Last misconstrued in any way or partisanly course, people have to pay taxes on sal- week, a major satellite manufacturer presented. Those are the facts. aries and small business has to pay reported a loss of nearly $100 million Then if we looked at individual nar- taxes on their profit. because of delays in development and cotics, the trends in cocaine use, the There is the repeal of the 5-year limi- delivery of new satellites. This is an in- President said, ‘‘And one of the sad tations relating to life insurance com- dustry that has made a dramatic shift things that was up was drug use.’’ panies filing consolidated tax returns away from relying on Government pro- So we can look at drugs individually. with the affiliated group including non- curement to commercial sales. We see that during President Reagan life-insurance companies. There is a They also compete against German, and Bush’s era, that the point at which host of others that I have no time to French, and Japanese satellite manu- President Clinton took office that get into. facturers of similar equipment. These there was a downward spiral in cocaine But then finally there is the phase-in foreign firms would eagerly seize ex- use. In fact, when President Clinton repeal of the estate gift and generation port opportunities from U.S. satellite took office, we see the resurgence of skipping tax. What does that mean? makers if they are denied permission that in fact returning and going up. That means that Bill Gates saves $50 to launch by our Government. We can This does not show the dramatic in- billion. But what is in it for working protect our national security and our crease in drug use. Because of the Clin- families? For the 50 million Americans, national economic interests while en- ton policy, we in fact had a shift of 8 cents a day. gaging China at the same time. But we more people going not only to cocaine f should not put up walls that will block but also to heroin in unprecedented amounts and also to methamphetamine CHINA TRADE our high-technology industry and hurt our overall national interests. which did not appear on any of these The SPEAKER pro tempore (Mr. Let us solve the specific problems charts. So what the President said, VITTER). Under a previous order of the highlighted in the Cox report but keep ‘‘And one of the sad things that was up House, the gentleman from Illinois our export options open in China. was drug use’’ is not in any way correct (Mr. MANZULLO) is recognized for 5 f or does it relate to facts. minutes. Then if we look at heroin, in the Mr. MANZULLO. Mr. Speaker, our ILLEGAL NARCOTIC TRAFFICKING Reagan administration and Bush ad- relationship with China will always be IN AMERICA ministration, we see downward trends. extremely difficult and complex. We The SPEAKER pro tempore. Under a He said, ‘‘And one of the sad things was must continue the hard engagement previous order of the House, the gen- that drug use was up.’’ We see in fact process with China. But we do not need tleman from Florida (Mr. MICA) is rec- during President Clinton’s term, it dra- to sacrifice national security for trade. ognized for 5 minutes. matically shot up, and heroin, deadly This has been and always will be a false Mr. MICA. Mr. Speaker, I come to heroin, in incredible quantities. I do choice. the floor again tonight to talk about not have a chart on methamphetamine, The Cox report was a good sturdy the problem of illegal narcotics. To- but meth was not even on this chart point for us to more realistically night I would like to help set the and now is staggering up. The only rea- evaluate our relationship with China. record straight. son we see any change here in a down- We have already begun to implement After years and months of nearly ward spiral in the last several years is many of the Cox committee rec- deadly silence by the President of the because of the Republicans taking over ommendations, such as requiring De- United States on one of the most press- the Congress and restarting the war on fense Department monitors at satellite ing issues facing our Nation, that is drugs. launch sites. Let us also be vigilant by the problem of illegal narcotics use and Finally, the President also said, ‘‘We enforcing existing laws. abuse, the President spoke out yester- tried to do more to keep drugs from If further reforms are needed to en- day. coming into the United States.’’ This is hance national security, then Congress I have a transcript of his speech, and the quote of the President. I do not should not shy away from changing the I was really stunned to hear his re- have all the charts with me, but under law. But as we go through this process, marks. These are his exact comments. complete control by the Democrat-con- we must not fool ourselves into think- trolled Congress, the White House and b ing that more restrictions on our ex- 2300 the Senate, the administration and ports to China will protect us. He said, ‘‘When we were out there this other controlled legislative body, When we think about trade sanctions running for office in 1992, the Vice 1992 to 1993 dramatically decreased the and export controls, we should not go President had this hilarious rap about source country programs, they cut down this road alone. We only put our everything that should be up was down them by over 50 percent, dramatically heads in the sand if we think we can and everything that should be down cut the military. He said, ‘‘We tried to enhance our national security by ig- was up, and everything was all mixed do more to keep drugs from coming noring our foreign competitors. The up. And it is true.’’ And then the Presi- into the United States.’’ Dramatically world has changed and the U.S. is no dent said, and again let me quote him, cut the military and interdiction pro- longer the only manufacturer of high- ‘‘And one of the sad things that was up grams. Nearly cut in half the Coast technology products. was drug use.’’ Now, this is what the Guard drug programs, stopped antidrug Congress overreacted 2 years ago in President of the United States said resources from getting to Colombia placing unrealistic limits on computer yesterday. which is now the major source of her- sales abroad. Now China has a home- Mr. Speaker, this does not gibe with oin and cocaine coming into the United grown computer industry. Soon one the facts. In fact, we did a little bit of States. And certified Mexico, which is penny and a chip the size of your fin- research and we found, and this chart the greatest source of illegal narcotics gernail will exceed the supercomputer states quite clearly, that long-term and now methamphetamines of any- definition. And European machine tool trends in lifetime prevalence of drug where coming into the United States. manufacturers have almost totally use, from 1980 when President Reagan And our President said yesterday, ‘‘We H6954 CONGRESSIONAL RECORD — HOUSE August 3, 1999 tried to do more to keep drugs from achieve action here on the floor for the ingly we are seeing every comprehen- coming into the United States.’’ Patients’ Bill of Rights, our Demo- sive report, every study that is being Mr. Speaker, the President says one cratic HMO reform. We actually had done around the country about what thing. The facts prove something to- Members come to the floor over here in the American people want, what the tally different. It is sad that after the well and sign a discharge petition health professionals want, what people years and years of deadly silence, we fi- that would force the Republican leader- see basically as common sense reform nally have the President come out in ship to bring up our Patients’ Bill of with regard to HMOs, that we need one of the rare occasions he ever men- Rights. One hundred eighty-three some kind of action taken. tions illegal narcotics and says two Members signed that discharge peti- There were two reports that came things that do not gibe in any fashion tion. But now ultimately to no avail. out just in the last week that I wanted with the facts as to what actually took The Speaker, the Republican Speaker, to mention tonight. One of them was place. just announced that no action will be basically a report, if you will, where It is very sad that I report this to the taken on the bill before the August re- various doctors and health care profes- House, but I think that the facts relat- cess. sionals were interviewed. It was a suring to this important problem that is I ask why? The answer, I think, is vey that found nearly nine in 10 doc- facing our Nation that has condemned very simple. That is, because the Re- tors and more than one in four con- so many families tragically to losing publican leadership here in the House sumers are having trouble receiving loved ones, 14,000 people died last year as well as in the Senate is a captive of the medical care and services they alone because of direct results of ille- the insurance industry. The insurance need within the context of HMOs man- gal narcotics. It is very sad, indeed, industry does not want a true HMO re- aged care, and as a result between one- that the President of the United States form, a true comprehensive bill to third and two-thirds of the doctors said paints a picture that does not gibe with come to the floor of the House because, the service denial resulted in adverse the facts. unlike the other body, they realize health consequences for the patient. f that if it does, it will pass. Some of my The types of problems that we are colleagues, a handful of my colleagues seeing that myself and others have doc- MANAGED CARE REFORM on the other side who are health care umented on the floor about people who The SPEAKER pro tempore (Mr. professionals, doctors, dentists, have have had abusive situations with man- VITTER). Under the Speaker’s an- made the point that they will vote for aged care and with HMOs, this is be- nounced policy of January 6, 1999, the a strong HMO reform bill, something coming commonplace, and both con- gentleman from New Jersey (Mr. akin to the Democrats’ Patients’ Bill sumers, patients as well as doctors, are PALLONE) is recognized for 27 minutes of Rights. When they made that state- decrying the situation, and I say to my as the designee of the minority leader. ment and basically indicated to the Re- colleagues and, I guess, to the Amer- Mr. PALLONE. Mr. Speaker, in just 3 publican leadership that they would ican people as well, why is it that the days, this House will adjourn without join with the Democrats in passing a Republican leadership will not allow us having brought to the floor the Pa- bill, well, all of a sudden this week we to take action when the majority of us tients’ Bill of Rights, the Democrats’ find that the Speaker and the Repub- in a bipartisan way would like to see legislation for comprehensive HMO re- lican leadership say, ‘‘No, no, we’re not comprehensive HMO reform? And it al- form. going to bring a bill to the floor. We ways comes back to the same thing, I bemoan the fact that that is the can wait until the fall. We’ll have fur- and that is the money spent by the in- case. I think that this legislation and ther discussions. No action will be surance industry against this type of the need to address the issue of HMO taken now.’’ comprehensive HMO reform. reform is really the preeminent issue I just want to commend the Repub- The second survey that came out in that needs to be addressed in this licans on the other side of the aisle, the last week or so basically said that House, in this Congress, in this session those few, all of whom, I think, who last year 1.4 to $2 billion was paid to of Congress. have been most outspoken are health lobbyists to influence politicians and I have to say that the Republican care professionals, doctors, because policy, a 13 percent increase from 1997; leadership since the beginning of the they have stood up and said that we and for the second year in a row the in- year has made many promises with re- need a strong HMO reform bill and surance industry topped the list in lob- gard to the Patients’ Bill of Rights and they refuse to say that the action bying costs, nearly $203 million last the whole issue of HMO reform. First, taken by the other body meets that year alone. the Speaker said that we would follow need. In fact, it does not meet that The Republicans basically on the the normal committee process and an need. leadership or amongst the Republican HMO reform bill would have hearings Mr. Speaker, if I could, I hope that leadership are bowing to the insurance in the relevant committees and have a during the August break and when we industry which is spending millions of markup in committee and come to the come back in September that we will dollars once again trying to defeat true floor in the normal way, but that has see a bipartisan coalition of the Demo- HMO reform. not happened. crats, all of whom support the Pa- Mr. Speaker, I just wanted to, if I Then, as Members know, in the other tients’ Bill of Rights, and enough Re- could, make reference to a New York body basically the Democrats forced publicans on the other side that will Times editorial that was in the New the issue, forced the other body to come together in a bipartisan way to York Times on July 16 of this year, and bring up HMO reform. Unfortunately, demand action on something like the it just kind of sums up what is hap- the bill that was finally passed was not Patients’ Bill of Rights so we can have pening out there and why we cannot real reform, was ineffective, was a true comprehensive HMO reform come see action on the House floor, and I sham, but the impetus, if you will, that to the floor when we return in Sep- quote. It says: at least some sort of HMO reform tember. ‘‘There is no mystery here. Campaign would be brought up in the Senate money is dictating medical policy in b caused the Speaker and the Republican 2310 the Senate. The political system and leadership just a few weeks ago after Mr. Speaker, if the House leadership especially the Republican party is the Senate took action and had a hear- is not willing to bring it up, I think we awash in money from the health care ing and had a markup on the floor, ba- will simply have to get every Democrat industry. As President Clinton said sically forced the Speaker to say that a to sign the discharge petition and join yesterday, and this was back on July bill would come to the floor, an HMO with some of the Republicans who are 16, GOP senators could not support the reform bill would come to the floor in willing to sign it to force the issue to Patients’ Bill of Rights because the the House of Representatives sometime make sure that the Patients’ Bill of health insurers will not let them do so. before the August recess. Rights or some strong comprehensive That is the bottom line, Mr. Speaker.’’ Well, Mr. Speaker, the August recess reform like it comes to the floor. Mr. Speaker, if I could just use a cou- begins probably this Friday and Demo- As my colleagues know, Mr. Speaker, ple minutes of my time to talk about crats have basically been pushing to I just wanted to point out that increas- some of the comparisons between the August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6955 Patients’ Bill of Rights, the bill that cated. It ensures no extra charge for For example, if a patient is denied a the Democrats and some of the Repub- use of non-network specialists if the mammogram and dies of breast cancer licans want to bring to the floor, HMO has no specialist in the network as a result, the only remedy under the versus the bill that passed the Senate that is appropriate to treat the condi- Republican bill available to the family and the one that would have been con- tion. is the recovery of the costs of the sidered, I believe, on the floor pursuant I just wanted to mention a couple mammogram, not the damages that re- to the Republican leadership if they other things that I think that are real- sult, including the death of the patient. thought that they could get the votes ly crucial in terms of the differences Under the Democratic bill, by con- to pass it. There is a real contrast, if between the Democratic bill and what trast, the ERISA presumption of State you will, between that Republican Sen- the Republicans passed in the Senate, remedies, the ability to go to State ate bill and the Democratic Patients’ and one of those most important dis- court, only exists when the actions of Bill of Rights, and let me just go tinctions is on the issue of medical ne- an HMO have killed—well, essentially through a few highlights of it, if I cessity. The issue of medical necessity what we are saying is that that ERISA could this evening. is basically whether or not a particular preemption is repealed, and you can go The Republican bill, and I refer to type of care, operation, equipment, to State court and you can seek dam- the Senate bill, leaves more than 100 length of stay in the hospital will be ages and you can recover for the dam- million Americans uncovered because provided in a given circumstance if you age that the HMO has inflicted, just most substantive protections in the get sick, and basically the Republican like you would in any normal tort ac- bill apply only to individuals enrolled Senate bill allows HMOs to define what tion. in private, employer-based, self-funded is medically necessary. No matter how Mr. Speaker, I think that there are insurance plans, and self-funded cov- narrow or unfair to patients, the crucial differences here, and I think erage is typically offered only by large HMO’s definition is their definition that ultimately what it comes down to companies. Only 48 million people are controls in any coverage situation in- is money. It is a very sad day, but what enrolled in such plans, and of those 48 cluding decisions by an independent we are seeing is the insurers increas- million only a small number, at most third-party reviewer. ingly spending a lot of money on TV 10 percent, are in HMOs. The Democratic bill by contrast codi- trying to get the word out that some- So the Senate Republican bill really fies a traditional definition of medi- how what we are trying to do with the does not help effectively anyone, does cally necessary or appropriate means Patients’ Bill of Rights is not going to not provide patient protections really of service or benefit consistent with work, that it is going to cost more to almost anyone. generally accepted principles of profes- money, that it is not going to achieve What the Democrats insist on in the sional medical practice. In other words, the desired result. The fact of the matter is that the Patients’ Bill of Rights and the Repub- what we are saying in the Patients’ American people are crying out for licans that support us have said is that Bill of Rights is that the doctor and comprehensive HMO reform. They want all, all 161 million privately insured the patient have to decide based on Americans have to be covered by the to see something like the Patients’ Bill standards that are used for most physi- of Rights passed. Again, I want to com- bill, by the patient protections. cians in a given circumstance. It is an Let me just give my colleagues some mend some of my Republican col- independent standard, if you will, not leagues, particularly the physicians on of the other examples that I think are defined by the HMO. important. In the Democratic bill we the other side of the aisle who are say- Most important also, the distinction ing, you know, we are practicing doc- have talked about the prudent lay-per- on the issue of external appeals. The son standard in the situation where tors. We see what happens. We know Republican Senate bill allows the HMO there are abuses, and we want strong you go to an emergency room. This is to choose and pay the appeal entity so important. So many people come up HMO reform passed, something like the that decides the case. It also allows the Democratic bill, and we will work to- to me and say, if I have under my HMO or insured to define medical ne- gether with the Democrats to achieve a HMO, if I want to go to the local emer- cessity, tying the hands of the inde- bipartisan proposal. gency room, I cannot. I have to go to pendent review entity and forcing them If I could just conclude tonight, I alone maybe 20 miles away, 30 miles to defer to the HMO’s definition. It ways like to talk when I come to the away, 50 miles away, and when a person does not provide, the Republican bill, floor about local people in my part of is in extremis or has a problem and has an appeal when most rights under the New Jersey who have had problems to go to an emergency room, they do bill are denied. For example, when with HMOs, because that is really what not want to have to travel 20 or 30 emergency care is denied or access to a it is all about. We are talking a little miles away when the emergency room specialist is denied, no appeal is al- bit in the abstract here about what for the local hospital is maybe only lowed. needs to be done, but the bottom line is within a mile distance from where they The Democratic Patients’ Bill of it is our own constituents coming to us are. Rights by contrast ensures the State or and saying we need HMO reform, we Well, under the Democratic bill, what Federal agency controls the process for need something done because of what is we say is that an individual who has choosing the independent appeal enti- happening to them. symptoms that meet a prudent lay per- ty, not the insurer. If I could just conclude tonight with son, what the average person would b 2320 a letter that was in the Asbury Park think is the need to go to the emer- press, which is the largest circulation gency room under given certain cir- It ensures a de novo review, a fresh daily in my district in Monmouth cumstances, that that standard should look at the facts. It ensures the review- County, New Jersey, and this was in allow them to go to the local emer- er’s decision is based on a statutory the Asbury Park Press, a letter to the gency room, the closest one, without definition of medical necessity, not the editor on Thursday, July 15, from Jack pre-authorization, and the insurance insurer’s plan’s definition, and the re- Moriarty of Dover Township. I am plan must cover the visit. The plan view of best available medical evi- going to read part of it because I think may not impose additional charges for dence, and all denials of care are ap- it is so telling. use of non-network facilities. pealable. He says, It is unclear in the Republican Sen- Finally, the most important distinc- Each time I must deal with my health ate bill whether that kind of standard tion between the Democratic Patients’ maintenance organization on any matter would apply. There really is not any Bill of Rights and the Republican Sen- other than the routine and the basic, prob- prudent lay person standard, if you ate bill is the ability to hold HMOs ac- lems continue. This is a system designed and will, in the Republican bill. countable. Under the Republican bill, managed to restrict our access to medical Most important in the Democratic it maintains existing Federal law that care and to place roadblock after roadblock bill is that we provide for adequate spe- basically preempts state remedies, and in our way as we attempt to circumvent that design feature. cialty care. It provides the right in our the only remedy under ERISA, which is On July 6th I sustained an eye injury while Patients’ Bill of Rights to specialty the federally covered plans, is recovery swimming when a thumb with sharpened fin- care if specialty care is medically indi- of the cost of the denied benefit. gernail found its way into my eye. I stopped H6956 CONGRESSIONAL RECORD — HOUSE August 3, 1999 the bleeding, applied ice and went to bed. Mr. GANSKE. Mr. Speaker, here it is, desk. He is talking to a patient. The This morning there was blood on the pillow- about 11:30 p.m. in Washington, and our physician is saying, ‘‘I will have to case, the pain had intensified, and my vision families will be happy to know that we check my contract before I answer that was blurred. I reasoned this required an objective medical evaluation to ensure there are here on the floor, taking care of the question.’’ was no permanent damage. Thus began my country’s business. I wish to speak for Now, what is the point of this car- hassle for the day. the remainder of this evening about toon? Well, about 3 years ago it became What followed was more than a dozen tele- managed care reform. One of these known that HMOs were writing con- phone calls to various medical professionals days we are going to pass this, and my tracts that required the doctor to and administrators to get permission to go friend from New Jersey and I will check with the HMO before they told to the doctor and secure the required referral maybe have to stop passing like ships the patient all their treatment options. for them to be paid. I knew what had to be done, but what is the justification for wast- in the middle of the night, coming to Now, think about that. ing my time and causing me anxiety and ag- the floor to speak about this issue. b 2330 gravation? As a professional, if I am not But, Mr. Speaker, it has become I working, I am not being paid. Consequently, think commonplace knowledge that we Let us say that one is a woman, one the very real financial loss I endure by sit- have problems with managed care in has a lump in one’s breast, one goes in ting in a waiting room makes me choose the this country. That is recognized by a to see one’s doctor. One’s doctor takes medical visit option only as a last resort. lot of the humor that we see in the one’s history, does one’s physical That day I wasted additional time and re- country. exam, and then says, ah-hah, excuse sources playing phone tag all around the me, and steps outside, gets on the State trying to get some paperwork-pushing Several years ago, a joke started clerk to give me permission to do what I going around the country about the phone to the HMO and says, ‘‘Mrs. So- knew to be right. And, by the way, we pay three doctors who died and went to and-so has a lump in her breast. She for this, which is what truly amazes me. heaven. The first doctor was a neuro- has got three treatment options. One is What should we do? I suggest we all write surgeon. St. Peter asked him, ‘‘What more expensive than the other. Is it to our State and Federal elected officials de- did you do for a living?’’ He said, ‘‘I okay if I tell her what her three op- manding that they return the right of self- took care of victims of automobile tions are?’’ determination in health matters to us by I mean, that is awful. As a practicing passing the Patients’ Bill of Rights and simi- crashes who had injured their heads lar state statutes. It is no wonder the doc- and tried to get them back to a normal physician in solo practice for 10 years tors are unionizing. Perhaps the patients life.’’ St. Peter said, ‘‘Enter, my son, after medical school and residency, I should too. and enjoy heaven.’’ can tell my colleagues, that the doctor- He was talking about an eye injury, The next doctor who came up to the patient relationship will not stand that but we just know that with the case of pearly gates was asked by St. Peter type of restriction on communication. eye injury or so many other serious what he did. He said, ‘‘I was a heart Patients have to trust their physi- problems that people face the same re- surgeon and I took care of people who cian to be able to tell them the whole ality. were having heart attacks and man- story. It may be that the HMO is not All I am really saying tonight, Mr. aged to prolong their lives so that they going to cover part of the treatment or Speaker, because this may be the last could spend them with their families.’’ one of the options, but the patient has opportunity we get to talk about this St. Peter said, ‘‘Enter, my daughter, every right to know what all the op- before the August break, is let us bring and enjoy heaven.’’ tions are at a minimum. up the Patients’ Bill of Rights. Let us The third doctor who came up to the Then we start to get into some things bring up HMO reform. Let those Demo- Pearly Gates was asked by St. Peter, that are a little less than funny on an crats and those Republicans, and I see ‘‘What did you do?’’ He said, ‘‘Well, I issue like this. Here is a headline from my colleague is going to come after was an HMO manager.’’ St. Peter kind the New York Post: ‘‘What his parents me, the gentleman from Iowa (Mr. of stroked his beard and he said, ‘‘Son, did not know about HMOs may have GANSKE), let us put together a bill I you may enter, but only for 3 days.’’ killed this baby.’’ Now, here is an in- think that is very close to the Pa- Now, everyone has heard that joke. fant that died possibly because his tients’ Bill of Rights that really pro- Why is that funny? Well, number one, HMO prevented his physician from vides comprehensive HMO reform. This because there is a kernel of truth in it communicating to his parents the en- is what the public wants, this is what and there is a twist. All of us who have tire story. It is not so funny anymore. we keep hearing every day from our had to deal with managed care, and as Let us go to the case of a lady whose constituents, and I know that I am a physician I certainly have in advo- story was covered in Time Magazine a going to use the time during this Au- cating for my patients, knows that couple years ago, well documented. gust break to go out and explain to the managed care has put severe time lim- This lady is no longer alive. Her HMO public why we need to bring this up on its on whether patients can stay in the made a medical decision to try to limit the floor of the House when we come hospital. We will talk about some of her and her family, her husband, from back in September. those examples. knowing all of her treatment options. I am confident when I see people like So now it is sort of funny that this They put a lot of pressure on the med- my colleague, the gentleman from HMO manager is going to get his come- ical center to prevent and actually Iowa (Mr. GANSKE) and others on the uppance. I think that is part of the change their opinion on what kind of Republican side that are demanding humor. treatment this patient should have. that we take action, that when we The humor of HMOs, in order for This lady could be alive today as a come back in September, either something to be humorous, people have mother to her children and a wife to through the means of a discharge peti- to understand the underlying point. So her husband had not that HMO made a tion or because the Republican leader- let us just look, for example, at some medical decision that limited the infor- ship finally sees they have to do some- of the cartoons that we have seen mation that she got. Not so funny anything, that we will see comprehensive around the country. more. HMO reform. But I am not going to Here is one. We see a doctor sitting So what happened? Well, I and the rest, and I know the gentleman from at a desk. He is reading a paper. Behind gentleman from Massachusetts (Mr. Iowa (Mr. GANSKE) and a lot of us are him is an eye chart that says ‘‘enough MARKEY) in a bipartisan fashion not going to rest until that happens. is enough,’’ and the doctor is saying, reached across the aisle, and we got f ‘‘Your best option is cremation, $359 about 285 co-sponsors to sign a bill fully covered.’’ The patient, sort of called the Patient Right To Know Act. MANAGED CARE REFORM nonplussed, is sitting there saying, This was about 3 years ago now, 285 bi- The SPEAKER pro tempore (Mr. ‘‘This is one of those HMO gag rules, partisan co-sponsors. VITTER). Under the Speaker’s an- isn’t it doctor?″ We discussed some suspension bills nounced policy of January 6, 1999, the Now, this is a little harder to see for here tonight. Just with the cosponsors gentleman from Iowa (Mr. GANSKE) is my colleagues here in the audience to- alone, we could have brought that to recognized for 34 minutes as the des- night. I will have to read this to you. the floor and passed it under suspen- ignee of the majority leader. Here is a physician sitting behind his sion. Not to be. I could not get my August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6957 leadership to allow that limited bill She continues speaking on the phone. Those plans have been exempted from with such widespread bipartisan sup- ‘‘Oh, you are at the emergency room State oversight. Congress made that port to handle the problem that HMOs and your husband needs approval for problem; Congress needs to fix it. were limiting communications between treatment. He is gasping? Writhing? Let us look at a few other cartoons the doctors and their patients. I could Eyes rolled back in his head? It does that have been in the press. Here is one not get the leadership to allow that to not sound all that serious to me.’’, she called the HMO bedside manner, and we be voted on and debated on the floor. says. have an individual lying there with Well, let us go back to some of the Far side. She says, ‘‘Clutching his broken arms, in traction. And on the humor that has gone on about HMOs. throat? Turning purple? Uh-huh. Have wall is the HMO bedside manner, and it Remember the movie ‘‘As Good As It you tried an inhaler? Oh, he is dead? says, ‘‘Time is money. Bed space is Gets″? I went with my wife to this Well, then he certainly does not need loss. Turnover is profit.’’ And then we movie in Des Moines, Iowa, and some- treatment, does he?’’ have a physician at the bedside saying, thing happened I had never seen before. Her last comment is, ‘‘People are al- ‘‘After consulting my colleagues in ac- When Helen Hunt was describing the ways trying to rip us off.’’ counting, we have concluded you’re care that her HMO gave in the movie Pretty black humor. well enough. Now go home.’’ to her asthmatic son, she expressed a But let us talk about a real case. Let Or how about this one. ‘‘Remember rather strong expletive about her HMO us talk about this young woman who, the good old days, when we took re- and the treatment she was getting for about a year and a half ago was hiking fresher courses in medical procedures,’’ her son. It elicited a lot of laughs in in the Appalachian Mountains. She fell this doctor is saying to a colleague. the audience. off a 40-foot cliff. She was lying at the Now they are going into the HMO med- But something else happened that I bottom of that cliff with a broken ical school and the course directory for had never seen in a comedy in a movie skull, a broken arm, a broken pelvis, the HMO medical school is, first floor, theater. Some people stood up and semi-comatose, almost drowning in a basic bookkeeping and accounting; sec- clapped. They actually started clap- pool of water. ond floor, advanced bookkeeping and ping for her strong statement of dis- Fortunately, her boyfriend was able accounting; third floor, graduate book- approval about the way her son was to get an air ambulance in. They took keeping and accounting. being treated. Now, that does not hap- her to the hospital. Here she is all bun- Now here we have another example of pen. Humor like that is not effective if dled up on the stretcher going to airlift the HMO emphasis on bottom line profit is not understood and if it doesn’t her to the hospital. its versus taking care of the patient. strike a nerve and a cord. But it sure She makes it to the hospital emer- This is the HMO claims department, did in that movie. gency room. She is stabilized. She is and we have a claim’s reviewer saying Now, she was having problems with treated. She is in the hospital for a into her telephone, ‘‘No, we don’t au- her son getting care and was frequently month or so, in the ICU for a couple of thorize that specialist.’’ Then she goes having to take him to emergency weeks. She is on a morphine drip. on, ‘‘No, we don’t cover that oper- rooms. ation.’’ Then she says, ‘‘No, we don’t Here is another cartoon, sort of, that Those are pretty painful problems that pay for that medication.’’ Then, appar- I saw. Here is a nurse on the phone. I she had. Plus she has broken her head. ently the person on the other end of think this is from an old TV show, this She has got a fractured skull. the line says something where she kind picture. She is saying, ‘‘Chest pains? What happens to this young woman? of jerks, and she says, ‘‘No, we don’t Well let me find the emergency room Her HMO refuses to pay the bill. Now, consider this assisted suicide.’’ preapproval forms.’’ why is that? Well, the HMO said that What is one of the other problems she did not call ahead for prior author- How about this cartoon that ap- that we have seen with HMOs? Well, it ization. I mean, think of that. She was peared in the Boston Globe. We have an happens to be that a lot of HMOs, a few supposed to know that she was going to HMO doctor here and the patient is have refused to pay for emergency fall off this cliff. Maybe when she is saying, ‘‘Do you make more money if room visits. Let us say a patient gets a lying at the bottom of the cliff with you give patients less care?’’ The HMO chest pain, severe crushing chest pain. the broken skull, a broken arm, and a employee says, ‘‘That’s absurd, crazy, The American Heart Association says broken pelvis, she is supposed to reach delusiona.’’ The patient comes back this is a sign one could be having a into her coat pocket with her non- and says, ‘‘Are you saying I’m para- heart attack. broken arm, pull out a cellular phone, noid?’’ The HMO employee says, ‘‘Yes, One’s wife takes one to the emer- dial a 1–800 number and say, ‘‘Bambi at but we can treat it in three visits.’’ gency room. They do the EKG, but it is that HMO, I have a broken skull. I need Now, my colleagues may think that normal. They find out that, instead, to go to the emergency room. Is that this is kind of funny, but as a plastic one has severe inflammation of one’s okay?’’ and reconstructive surgeon, I took care of a lot of patients with this type of de- esophagus and one’s stomach instead. b 2340 Afterwards, what does the HMO do? fect. This is a little child born with a They say, ‘‘See, your EKG was normal. I mean that is the type of thing that cleft lip and a cleft palate. Now, the You were not having a heart attack. we do not need to see; that we need to standard treatment for correction of You did not need to go to the emer- fix. And we need to fix it because Con- this child’s cleft palate is a surgical re- gency room. We are not going to pay gress passed a law about 25 years ago pair. That gets the roof of the mouth for it.’’ called ERISA, and what it did for em- together so that this child can learn to What is the lessen that people start ployer plans was it took them out of speak normally. It also keeps food and learning from that? Gee, maybe if the State oversight. liquids from going out his nose. That is HMO is not going to cover these things State insurance commissioners and standard treatment. that the common layperson would say State legislatures, they do not have Do my colleagues know what some is an emergency, maybe I should just much to say about plans that are of- HMOs are doing now? They are writing take my time a little bit. Except that fered by employers. We talk a lot as into their contract language a defini- we know, when that happens, a certain Republicans about devolving power tion of medical necessity that says we number of people die before they get to back to the States, but I have not seen will only authorize payment for the the hospital. my leadership too much interested in cheapest, least expensive care. Under Now there certainly is such a thing making sure that the States can pro- Federal law they can do that and no- as black humor, and this cartoon has vide proper oversight for health plans. body can challenge it because that is some of the blackest humor I have And so we have this law that Con- written into their contract. seen. What we have here is a medical gress created that basically left a vacu- So what does that mean for a little reviewer at an HMO, and I am going to um. State insurance commissioners baby that is born with this type of de- read this for my colleagues. She is cannot tell a plan, like that woman fect? It means that that HMO, under speaking on the telephone. who fell off the cliff, they cannot tell Federal law, could tell the parents that She says, ‘‘Cuddly Care HMO. My her plan, if she is in an employer plan, they are not going to cover surgery; name is Bambi. How may I help you?’’ that they have to cover her services. that they are just going to provide H6958 CONGRESSIONAL RECORD — HOUSE August 3, 1999 their child with a little piece of plastic that?’’ And you have this as far as the probably looking at that computer to kind of shove up into the roof of his woman in the car holding her newborn screen, on the ventilator, poor prog- mouth that will kind of fill in that baby ready to drive through and drive nosis. Next suggestion from the HMO, hole. out. one of these HMO guidelines: Well, if Of course, if baby spits it out, that By the way, this was the result of one his prognosis is so bad, why do you not does not matter. If baby chokes on it, of those Milleman and Robertson just send him home on a home venti- I guess that could be a problem. And, of guidelines that the HMOs like to use lator? course, the baby will not be able to that they like to flaunt as their solu- Now, for anyone who has any medical learn to speak normally, and eventu- tions. experience on this, that would make ally will continue to have problems How about Dr. Welby? Now maybe he the hair on the back of their head with food coming out of his nose. But would be saying, she had her baby 45 stand up. If that little child is going to under current Federal law, the current minutes ago; discharge her. survive, he is going to need every Employee Retirement Income Security Once again we are getting into a lit- ounce of expertise and skill from a Act law, that HMO can write that med- tle bit more black humor. Because here whole team of nurses and doctors. And ical definition any way they want. we have the operating room. We have for this medical reviewer to say send Not exactly the best way to take care the doctors here. And the doctor is say- him home on a home ventilator is a of patients, and one of the reasons why ing, ‘‘scalpel,’’ and the HMO bean death sentence. we need to do something to fix that. counter says, ‘‘pocket knife.’’ And then What is the motivation behind it? To Now, I just read this. This is from the the doctor says, ‘‘suture,’’ and the save a few bucks. Albany Times Union. Here is another HMO bean counter says, ‘‘Band-Aid.’’ I am going to close with one story. emergency room story, and this is And the doctor says, ‘‘Let us get him This is a story about this little boy about a lady by the name of Elsa Gold- into intensive care.’’ And the HMO ben- right here. You see him tugging at his stein. She had a medical emergency tonite says, ‘‘Call a cab.’’ sister’s sleeve. When he was about 2 one night. She went to the hospital But here is a real story, front page months old, about 3 in the morning he emergency room. She was given a headlines, New York Post: ‘‘HMO’s was pretty sick. He had a temperature medication in the hospital by the Cruel Rules Leave Her Dying for the of 104. And as mothers can tell, he emergency room doctor. She was sup- Doc She Needs.’’ All of a sudden it is needed to go to the emergency room. posed to take the medicine twice a day. not so funny anymore. Because now we So his parents lived south of Atlanta, So she went to the local pharmacy have a picture of a person who has Georgia. His mother does the thing where she has coverage through her probably lost her life because of an that the HMO says, phones the 1–800 HMO, but the pharmacy would not pro- HMO medical decision, which, by the number, gets a distant voice from vide her the medicine. They wanted to way, under Federal law, an employer somebody who has never seen this lit- charge her $109 for the medication. plan is not liable for the consequences tle boy. He says, Well, I will let you go So she said, why is that? I mean my of their medical decisions other than to an emergency room, but I am only insurance company is supposed to pay providing the cost of care not deliv- going to let you go to this one emer- for this, is it not? And she was told, ered. And if the patient happens to die gency room which is more than 65 yes, but only if the HMO doctor writes early, then they are not responsible for miles away. That is all I will authorize. the prescription. She said, well, wait a anything. That is the only one we have a con- minute, I was in the emergency room. Well, Mr. Speaker, it is getting kind tract with, to save money. This was an emergency room doctor of late, so I want to talk about two So Mom and Dad, they are not health who wrote me the prescription. My more patients. I want to talk about a professionals, they wrap up little HMO doctor’s office is closed. It is in conversation I had about a year ago Jimmy in a blanket. They get in the the middle of the night and I need that with a pediatrician who worked in the car. Dad starts driving. They are half- medication. The response was, sorry, Washington, D.C. area. She is now way there, and they pass three other you cannot have it. You can pay for it doing research at one of the national hospital emergency rooms they could yourself. labs. have stopped Jimmy at. But they do And then she got on the phone with I asked her why she left the practice not have authorization. They are not an HMO representative who said, oh, of medicine. She was a pediatric spe- health care professionals. But they do just take this medication, this over- cialist in a pediatric ICU. And she said, know if they stop unauthorized they the-counter medication. Funny thing Well, I just got past the point of being will be stuck with potentially a very about this, though. This Elsa Goldstein able to deal with those HMOs anymore. large bill. happened to be a physician herself, and But the straw that really broke my So they follow the medical decision the medication that this HMO bureau- back was one day we had come into the that that HMO reviewer made and push crat was prescribing over the telephone intensive care unit a 5- or 6-year-old on. Except that before they get to the she knew would have been detrimental boy who had been drowning. He was hospital that Jimmy is supposed to go to her health. still alive but just barely. We had him to, he has a cardiac arrest. His eyes This is the type of stuff that goes on hooked up to the ventilator. We had roll back in his head. He stops breath- all of the time. Here is another one of him plugged into the IV. We were giving. His heart stops. And his mom tries these cost-cutting mechanisms. What ing him all the medicine that we could to keep him alive. They pull into the did that HMO try to do? They tried to to try to save his life. We were stand- emergency room. just dun this patient. If they do it ing around the bedside. It was not Mom leaps out of the car with this enough, enough people will just give in, looking good. But we were expending little baby, screaming, save my baby. they will just buy it on their own and every effort to try to save this child’s Save my baby. then the HMO just makes more money. life. And the phone rings in the ICU A nurse comes out gives him mouth- Now, what did the HMOs come up and it is some HMO reviewer a thou- to-mouth resuscitation. They bring the with as a great idea a few years ago? sand miles away wanting to know crash cart out. They start the IVs. Remember this? Remember when they about the case, probably looking at a They give him the medicine. And they were saying, oh, people can just go to computer screen and an algorithm, and manage to get him going again. They the hospital and go home right away? the questioning went sort of like this: manage to save his life. Well, tell me about this young pa- Unfortunately, they do not manage b 2350 tient. Oh, he is on the ventilator. Well, to save everything on Jimmy. Because In fact, we are going to mandate what is his prognosis? The doctor says, of that cardiac arrest from that deci- those sort of drive-through deliveries. well, it is not too good. We are trying sion that that HMO made, Jimmy ends So here we have a picture of the mater- to do everything to save his life. He has up with gangrene of both hands and nity hospital and we have here the only been here an hour or so. both feet and the doctors have to am- drive-through window. Now only 6- This HMO reviewer from a thousand putate both hands and both feet. minute stays for new moms. ‘‘Con- miles away, never having seen this pa- Here is a picture of little Jimmy gratulations. Would you like fries with tient, then says this incredible thing, today. In order to save as much length August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6959 on his arms and his legs, they put skin CORRECTION TO THE CONGRES- SENATE ENROLLED BILL SIGNED grafts on after they amputated his SIONAL RECORD OF MONDAY, The SPEAKER announced his signa- hands and his feet. AUGUST 2, 1999, AT PAGE H6810 ture to an enrolled bill of the Senate of I talked to his mom about a month the following title: ago. Jimmy is now learning to put on REQUEST FOR CONSIDERATION OF S. 880. An act to amend the Clean Air Act to remove flammable fuels from the list of his bilateral leg prosthesis. But he still S. 1467, EXTENSION OF AIRPORT substances with respect to which reporting needs a lot of help on getting on his bi- IMPROVEMENT PROGRAM and other activities are required under the lateral hook prosthesis. Mr. SHUSTER. Mr. Speaker, I ask risk management plan program, and for other purposes. This little boy will never play bas- unanimous consent to take from the f ketball. I will tell the Speaker of the Speaker’s table the bill (S. 1467) and House that that little boy will never ask for its immediate consideration in ADJOURNMENT the House. wrestle. When this little boy grows up Mr. GANSKE. Mr. Speaker, I move Mr. OBEY. Mr. Speaker, I object. and marries the woman that he loves, The SPEAKER pro tempore. The that the House do now adjourn. The motion was agreed to; accord- he will never be able to caress her Chair is not able to entertain the gen- ingly (at 11 o’clock and 59 minutes cheek with his hand. tleman’s request at this time. p.m.), the House adjourned until to- Mr. SHUSTER. Mr. Speaker, the gen- Do my colleagues know what the op- morrow, Wednesday, August 4, 1999, at tleman from Minnesota (Mr. OBER- ponents of this patient protection leg- 10 a.m. islation say? They say this is just an STAR), I understand, is reserving the right to object. f anecdote; we should not legislate on The SPEAKER pro tempore. The gen- EXECUTIVE COMMUNICATIONS, the basis of anecdotes. tleman from Pennsylvania (Mr. SHU- ETC. I would say to them, this little anec- STER) is not recognized for that pur- Under clause 8 of rule XII, executive dote, if he had a finger and you pricked pose. communications were taken from the it, it would bleed. And do my col- Mr. SHUSTER. May I ask why the Speaker’s table and referred as follows: gentleman is objecting? Is it in order, leagues know that, under Federal law, 3381. A letter from the Secretary of Agri- that HMO which made that medical de- Mr. Speaker, for me to ask why the culture, transmitting the annual Animal cision is liable for nothing. gentleman is objecting? Welfare Enforcement Report for fiscal year The SPEAKER pro tempore. Under 1998, pursuant to 7 U.S.C. 2155; to the Com- Is that justice? Is that fair? We need the Speaker’s guidelines, the Chair is mittee on Agriculture. to change that law to encourage HMOs not recognizing the gentleman from 3382. A letter from the Acting Adminis- not to cut corners like this so that we Pennsylvania for that purpose at this trator, Agricultural Marketing Service, De- do not end up having to cut off hands time. partment of Agriculture, transmitting the Department’s final rule— Tart Cherries and feet. f Grown in the States of Michigan, et al.; De- A judge reviewed this case and the SPECIAL ORDERS GRANTED creased Assessment Rates [Docket No. FV99– HMO’s decision and came to the deter- 930–3 IFR] received July 28, 1999, pursuant to By unanimous consent, permission to 5 U.S.C. 801(a)(1)(A); to the Committee on mination that that HMO’s margin of address the House, following the legis- Agriculture. safety was ‘‘razor thin.’’ I would add to lative program and any special orders 3383. A letter from the Animal and Plant that, as razor thin as the scalpel that heretofore entered, was granted to: Health Inspection Service, Congressional Re- had to amputate little Jimmy’s hands (The following Members (at the review Coordinator, Department of Agri- culture, transmitting the Department’s final quest of Mr. HOYER) to revise and ex- and feet. rule—Limited Ports; Memphis, TN tend their remarks and include extra- Sec.Docket No. 98–102–2] received June 24, My colleagues, as my colleague from neous material:) New Jersey pointed out, for years now 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. WOOLSEY, for 5 minutes, today. Committee on Agriculture. we have been trying to get this to the Mr. HASTINGS of Florida, for 5 min- 3384. A letter from the Administrator, Ag- floor for a fair debate. We had a rigged utes, today. ricultural Marketing Service, Department of debate last year with a fig leaf bill. Mr. SPRATT, for 5 minutes, today. Agriculture, transmitting the Department’s final rule—Grapes Grown in a Designated I am telling my friends on both sides Mr. SHERMAN, for 5 minutes, today. (The following Members (at the re- Area of Southeastern California and Im- of the aisle that there are Republicans ported Table Grapes; Revision in Minimum quest of Mr. TOOMEY) to revise and ex- Grade, Container, and Pack Requirements and there are Democrats that have tend their remarks and include extra- come together and we are working on a [Docket No. FV98–925–3 FIR] received July neous material:) 16, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to bipartisan bill. We will introduce that Mr. MANZULLO, for 5 minutes, today. the Committee on Agriculture. soon, and we will do everything we can Mr. JONES of North Carolina, for 5 3385. A letter from the Congressional Re- with more than a majority of the Mem- minutes, today. view Coordinator, Animal and Plant Health bers of this House to bring this to the Mr. DELAY, for 5 minutes, today. Inspection Service, Department of Agri- culture, transmitting the Department’s final floor and to correct these types of Mr. MICA, for 5 minutes, today. (The following Member (at his own rule—Licensing Requirements for Dogs and abuses. Cats [Docket No. 97–018–4] (RIN: 0579–AA95) request) to revise and extend his re- I would encourage my friends on the received July 16, 1999, pursuant to 5 U.S.C. marks and include extraneous mate- 801(a)(1)(A); to the Committee on Agri- Republican side of the aisle to contact rial:) culture. myself or the gentleman from Georgia Mr. HOYER. 3386. A letter from the Animal and Plant (Mr. NORWOOD), the Georgia bulldog, f Health Inspection Service, Congressional Re- who has done as much as anyone to ad- view Coordinator, Department of Agri- SENATE BILL REFERRED vance this, or my friends on the Demo- culture, transmitting the Department’s final rule—Noxious Weeds; Permits and Interstate cratic side of the aisle, to contact the A bill of the Senate of the following title was taken from the Speaker’s Movement [Docket No. 98–091–1] (RIN: 0579– gentleman from New Jersey (Mr. AB08) received July 26, 1999, pursuant to 5 table and, under the rule, referred as PALLONE) or the gentleman from U.S.C. 801(a)(1)(A); to the Committee on Ag- follows: Michigan (Mr. DINGELL) and get on riculture. S. 335. An act to amend chapter 30 of title 3387. A letter from the Congressional Re- board this bipartisan effort. 39, United States Code, to provide for the view Coordinator Animal and Plant Health The only way we are going to solve nonmailability of certain deceptive matter Inspection Service, Department of Agri- this is to work together, both Repub- relating to sweeptakes, skill contests, fac- culture, transmitting the Department’s final simile checks, administrative procedures, or- rule—Cut Flowers [Docket No. 98–021–2] re- licans and Democrats, put aside par- ders, and civil penalties relating to such ceived July 16, 1999, pursuant to 5 U.S.C. tisan differences, and fix this for the matter, and for other purposes; to the Com- 801(a)(1)(A); to the Committee on Agri- people in our country. mittee on Government Reform. culture. H6960 CONGRESSIONAL RECORD — HOUSE August 3, 1999 3388. A letter from the Congressional Re- CDBG Expenditure Documentation [Docket 3411. A letter from the Acting Assistant view Coordinator Animal and Plant Health No. FR–4449–I–01] (RIN: 2506–AC00) received General Counsel for Regulatory Law, Depart- Inspection Service, Department of Agri- July 26, 1999, pursuant to 5 U.S.C. ment of Energy, transmitting the report en- culture, transmitting the Department’s final 801(a)(1)(A); to the Committee on Banking titled, ‘‘Interface with the Defense Nuclear rule—Citrus Canker; Addition to Quar- and Financial Services. Facilities Safety Board’’; to the Committee antined Areas [Docket No. 95–086–3] received 3398. A letter from the President and on Commerce. July 16, 1999, pursuant to 5 U.S.C. Chairman, Export-Import Bank, transmit- 3412. A letter from the Assistant General 801(a)(1)(A); to the Committee on Agri- ting a report involving U.S. exports to Counsel for Regulatory Law, Department of culture. China, pursuant to 12 U.S.C. 635(b)(3)(i); to Energy, transmitting an Acquisition Letter 3389. A letter from the Administrator, Ag- the Committee on Banking and Financial on Consortium Buying; to the Committee on ricultural Marketing Service, Department of Services. Commerce. Agriculture, transmitting the Department’s 3399. A letter from the President and 3413. A letter from the Acting Assistant final rule— Amendments to Rules of Prac- Chairman, Export-Import Bank, transmit- General Counsel for Regulatory Law, Depart- tice Under the Perishable Agricultural Com- ting a report involving U.S. exports to Tai- ment of Energy, transmitting an Assess- modities Act (PACA) [Docket Number FV98– wan, pursuant to 12 U.S.C. 635(b)(3)(i); to the ment; to the Committee on Commerce. 358] received July 16, 1999, pursuant to 5 Committee on Banking and Financial Serv- 3414. A letter from the Senior Attorney, U.S.C. 801(a)(1)(A); to the Committee on Ag- ices. NHTS, Department of Transportation, trans- riculture. 3400. A letter from the General Counsel, mitting the Adminstration’s final rule—Im- 3390. A letter from the Director, Office of Federal Emergency Management Agency, portation of Vehicles and Equipment Subject Regulatory Management and Information, transmitting the Agency’s final rule—List of to Federal Safety, Bumper, and Theft Pre- Environmental Protection Agency, transmit- Communities Eligible for the Sale of Flood vention Standards [Docket No. 99–NHTSA– ting the Agency’s final rule—Tebufenozide; Insurance [Docket No. FEMA–7716] received 5240; Notice 2] (RIN: 2127–AH45) received July Benzoic Acid, 3, 5-dimethyl-1-(1,1- July 26, 1999, pursuant to 5 U.S.C. 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to dimethylethyl)-2-(4-ethylbenzoyl) hydrazide; 801(a)(1)(A); to the Committee on Banking the Committee on Commerce. Pesticide Tolerance [OPP–300896; FRL–6092–1] and Financial Services. 3415. A letter from the Senior Attorney, (RIN: 2070–AB78) received July 14, 1999, pur- 3401. A letter from the General Counsel, NHTSA, Department of Transportation, suant to 5 U.S.C. 801(a)(1)(A); to the Com- Federal Emergency Management Agency, transmitting the Department’s final rule— mittee on Agriculture. transmitting the Agency’s final rule—Sus- Civil Penalities [Docket No. NHTSA 99–5448; 3391. A letter from the Director, Office of pension of Community Eligibility [Docket Notice 2] (RIN: 2127–AH48) received July 9, Regulatory Management and Information, No. FEMA–7717] received July 26, 1999, pursu- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Commerce. ting the Agency’s final rule—Tebufenozide; on Banking and Financial Services. 3416. A letter from the Director, Office of Benzoic Acid, 3,5-dimethyl-1-(1,1- 3402. A letter from the General Counsel, Regulatory Management and Information, dimethylethyl)-2-(4-ethylbenzoyl) hydrazide; Federal Emergency Management Agency, Environmental Protection Agency, transmit- Pesticide Tolerance [OPP–300886; FRL–6088–8] transmitting the Agency’s final rule—Final ting the Agency’s final rule—Approval and (RIN: 2070–AB78) received July 9, 1999, pursu- Flood Elevation Determinations—received Promulgation of Implemention Plans; Cali- ant to 5 U.S.C. 801(a)(1)(A); to the Committee July 12, 1999, pursuant to 5 U.S.C. fornia State Implementation Plan Revision; on Agriculture. 801(a)(1)(A); to the Committee on Banking Kern County Air Pollution Control District; 3392. A letter from the Director, Office of and Financial Services. Mojave Desert Air Quality Management Dis- Regulatory Management and Information, 3403. A letter from the Chairman, Federal trict; Ventura County Air Pollution Control Environmental Protection Agency, transmit- Reserve System, transmitting the Board’s District[CA 105–153a; FRL–6378–7] received ting the Agency’s final rule—Fosetyl-Al; mid-year Monetary Policy Report, pursuant July 14, 1999, pursuant to 5 U.S.C. Pesticide Tolerance for Emergency Exemp- to 12 U.S.C. 225a; to the Committee on Bank- 801(a)(1)(A); to the Committee on Commerce. tions [OPP–300889; FRL–6089–8] (RIN: 2070– ing and Financial Services. 3417. A letter from the Director, Office of AB78) received July 9, 1999, pursuant to 5 3404. A letter from the Director, Office of Regulatory Management and Information, U.S.C. 801(a)(1)(A); to the Committee on Ag- Management and Budget, transmitting a re- Environmental Protection Agency, transmit- riculture. port to Congress on appropriations legislating the Agency’s final rule—Approval and 3393. A letter from the Chairman and Chief tion within seven days of enactment; to the Promulgation of Air Quality Implementa- Executive Officer, Farm Credit Administra- Committee on the Budget. tion Plans; Maryland —Fuel Burning Equip- tion, transmitting the Administration’s final 3405. A letter from the Assistant Attorney ment [MD063–3023a; FRL–6379–6] received rule—Loan Policies and Operations Leasing; General, Office of Justice Programs, Vio- July 14, 1999, pursuant to 5 U.S.C. General Provisions; Accounting and Report- lence Against Women Office, Department of 801(a)(1)(A); to the Committee on Commerce. ing Requirements (RIN: 3052–AB63) received Justice, transmitting the Department’s final 3418. A letter from the Director, Office of June 24, 1999, pursuant to 5 U.S.C. rule—Grants to Combat Violent Crimes Regulatory Management and Information, 801(a)(1)(A); to the Committee on Agri- Against Women on Campuses (RIN: 1121– Environmental Protection Agency, transmit- culture. AA49) received July 20, 1999, pursuant to 5 ting the Agency’s final rule—National Emis- 3394. A letter from the Secretary of De- U.S.C. 801(a)(1)(A); to the Committee on Edu- sion Standards for Hazardous Air Pollutants: fense, transmitting notification of the ap- cation and the Workforce. Halogenated Solvent Cleaning [FRL–6376–5] proval of the retirement of Lieutenant Gen- 3406. A letter from the Chairman, Federal received July 9, 1999, pursuant to 5 U.S.C. eral Joseph E. Hurd, United States Air Energy Regulatory Commission, transmit- 801(a)(1)(A); to the Committee on Commerce. Force, and his advancement to the grade of ting the 1998 Annual Report of the Federal 3419. A letter from the Director, Office of lieutenant general on the retired list; to the Energy Regulatory Commission, pursuant to Regulatory Management and Information, Committee on Armed Services. 16 U.S.C. 797(d); to the Committee on Com- Environmental Protection Agency, transmit- 3395. A letter from the Secretary of Hous- merce. ting the Agency’s final rule—Approval and ing and Urban Development, transmitting 3407. A letter from the General Counsel, Promulgation of Air Quality Implementa- the Department’s Five Year Plan for Energy Consumer Product Safety Commission, tion Plans; West Virginia; Approval of Revi- Efficiency for the five years from 1999 transmitting the Commission’s final rule— sions to Coal Preparation Plants and Coal through 2003, pursuant to Public Law 101— Requirements for Child Resistant Packaging; Handling Operations [WV016–6010a; FRL– 625, section 945(d) (104 Stat. 4416); to the Household Products Containing Methacrylic 6372–3] received July 9, 1999, pursuant to 5 Committee on Banking and Financial Serv- Acid—received July 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on ices. U.S.C. 801(a)(1)(A); to the Committee on Commerce. 3396. A letter from the Assistant General Commerce. 3420. A letter from the Secretary, Federal Counsel for Regulations, Office of the Assist- 3408. A letter from the Assistant General Trade Commission, transmitting the Com- ant Secretary for Public and Indian Housing, Counsel for Regulatory Law, Department of mission’s Report to Congress: Cigar Sales Department of Housing and Urban transmit- Energy, transmitting the Occupational and Advertising and Promotional Expendi- ting the Department’s final rule—Technical ALARA Program Guide; to the Committee tures for Calendar Years 1996 and 1997; to the Amendment to the Section 8 Management on Commerce. Committee on Commerce. Assessment Program (SEMAP) [Docket No. 3409. A letter from the Acting Assistant 3421. A letter from the Director, Regula- FR–4498–1–01] (RIN: 2577–AC10) received July General Counsel for Regulatory Law, Depart- tions Policy and Management Staff, Food 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to ment of Energy, transmitting the Depart- and Drug Administration, transmitting the the Committee on Banking and Financial ment of Energy Employee Concerns Pro- Administration’s final rule— Secondary Di- Services. gram; to the Committee on Commerce. rect Food Additives Permitted in Food for 3397. A letter from the Assistant General 3410. A letter from the Assistant General Human Consumption [Docket No. 98F–0894] Counsel for Regulations, Department of Counsel for Regulatory Law, Department of received July 26, 1999, pursuant to 5 U.S.C. Housing and Urban Development, transmit- Energy, transmitting the Management and 801(a)(1)(A); to the Committee on Commerce. ting the Department’s final rule—Commu- Administration of Radiation Protection Pro- 3422. A letter from the Chairman, Nuclear nity Development Block Grant (CDBG) Pro- grams Guide; to the Committee on Com- Regulatory Commission, transmitting the gram; Clarification of the Nature of Required merce. 1997 annual report as required by the Energy August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6961 Reorganization Act of 1974; to the Com- 3435. A letter from the Associate Adminis- eries Service, Department of Commerce, mittee on Commerce. trator for Human Resources and Education, transmitting the Department’s final rule— 3423. A letter from the Secretary of Health General Accounting Office, transmitting a Financial Assistance for Research and Devel- and Human Services, transmitting the six- list of vacancies; to the Committee on Gov- opment Projects to Strengthen and Develop teenth annual report to Congress of the Or- ernment Reform. the U.S. Fishing Industry [Docket No. phan Products Board (OPB), pursuant to 42 3436. A letter from the Director, Office of 960223046–9151–04; I.D. 050799B] (RIN: 0648– U.S.C. 236(e); to the Committee on Com- Management and Budget, transmitting the ZA09) received July 21, 1999, pursuant to 5 merce. Office’s report entitled the ‘‘1999 Federal Fi- U.S.C. 801(a)(1)(A); to the Committee on Re- 3424. A letter from the Deputy Secretary, nancial Management Status Report and sources. Market Regulation, Securities and Exchange Five-Year Plan,’’ pursuant to Public Law 3449. A letter from the Assistant Adminis- Commission, transmitting the Commission’s 101—576, section 301(a) (104 Stat. 2849); to the trator for Fisheries, National Marine Fish- final rule— Broker-Dealer Registration and Committee on Government Reform. eries Service, Department of Commerce, Reporting [Release No. 34–41594; File No. S7– 3437. A letter from the Director, Office of transmitting the Department’s final rule— 16–99] (RIN: 3235–AH73) received July 9, 1999, Management and Budget, transmitting Fisheries of the Exclusive Economic Zone pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendments to Deferred Maintenance Re- Off Alaska; Observer and Inseason Manage- mittee on Commerce. porting; to the Committee on Government ment Requirements for Pollock Catcher/ 3425. A letter from the Director, Defense Reform. Processors; Extension of Expiration Date Security Cooperation Agency, transmitting 3438. A letter from the Acting Deputy Di- [Docket No. 990113011–9011–01; I.D. 010699A] notification concerning the Department of rector for Management, Office of Manage- (RIN: 0648–AM06) received June 21, 1999, pur- the Navy’s proposed Letter(s) of Offer and ment and Budget, transmitting the report suant to 5 U.S.C. 801(a)(1)(A); to the Com- Acceptance (LOA) to Australia for defense entitled, ‘‘Electronic Purchasing and Pay- mittee on Resources. articles and services (Transmittal No. 99–20), ment in the Federal Government’’; to the 3450. A letter from the Director, Fish and pursuant to 22 U.S.C. 2776(b); to the Com- Committee on Government Reform. Wildlife Service, transmitting the Service’s mittee on International Relations. 3439. A letter from the Director, Office of final rule—Safe Harbor Agreements and Can- 3426. A letter from the Acting Director, De- Personnel Management, transmitting notifi- didate Conservation Agreements With Assur- fense Security Cooperation Agency, trans- cation of the approval of the final plan for a ances (RIN: 1018–AD95) received July 2, 1999, mitting notification concerning the Depart- human resources management demonstra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of the Army’s Proposed Letter(s) of tion project at the Naval Research Labora- mittee on Resources. Offer and Acceptance (LOA) to Egypt for de- tory; to the Committee on Government Re- 3451. A letter from the Deputy Assistant fense articles and services (Transmittal No. form. Administrator for Fisheries, National Ma- 99–25), pursuant to 22 U.S.C. 2776(b); to the 3440. A letter from the Office of Special rine Fisheries Service, National Oceanic and Committee on International Relations. Counsel, transmitting the Annual Report of Atmospheric Administration, transmitting 3427. A letter from the Assistant Secretary the Office of the Special Counsel (OSC) for the Administration’s final rule—Fisheries of for Legislative Affairs, Department of State, Fiscal Year (FY) 1998, pursuant to Public the Caribbean, Gulf of Mexico, and South At- transmitting notification of a proposed li- Law 101—12, section 3(a)(11) (103 Stat. 29); to lantic; Shrimp Fishery of the Gulf of Mexico; cense for the export of defense articles or de- the Committee on Government Reform. Certification Bycatch [Docket No. 990330083– fense services to French Guiana (Trans- 3441. A letter from the Secretary of Edu- 9166–02; I.D. 031999B] (RIN: 0648–AK32) re- mittal No. DTC 74–99), pursuant to 22 U.S.C. cation, transmitting notification that effec- ceived July 28, 1999, pursuant to 5 U.S.C. 2776(c); to the Committee on International tive June 21, 1999, the Commissioner of the 801(a)(1)(A); to the Committee on Resources. Relations. National Center for Education Statistics re- 3452. A letter from the Assistant Adminis- 3428. A letter from the Assistant Secretary signed; to the Committee on Government Re- trator for Fisheries, National Marine Fish- for Legislative Affairs, Department of State, form. eries Service, National Oceanic and Atmos- transmitting certification of a proposed li- 3442. A letter from the Librarian of Con- pheric Administration, transmitting the Ad- cense for the export of major defense equip- gress, transmitting the Annual Report of the ministration’s final rule—Atlantic Highly ment sold under a contract to Turkey Librarian of Congress, for the fiscal year Migratory Species (HMS) Fisheries; Fishery [Transmittal No. DTC 80–99], pursuant to 22 ending September 30, 1998, pursuant to 2 Management Plan (FMP), Plan Amendment, U.S.C. 2776(c); to the Committee on Inter- U.S.C. 139; to the Committee on House Ad- and Consolidation of Regulations [Docket national Relations. ministration. No. 981216308–9124–02; I.D. 071698B] (RIN:0648– 3429. A letter from the Assistant Secretary 3443. A letter from the Secretary of the In- AJ67) received July 19, 1999, pursuant to 5 for Legislative Affairs, Department of State, terior, transmitting the 1998 Annual Report U.S.C. 801(a)(1)(A); to the Committee on Re- transmitting certification of a proposed for the Office of Surface Mining (OSM), pur- sources. Manufacturing License Agreement for export suant to 30 U.S.C. 1211(f), 1267(g), and 1295; to 3453. A letter from the Acting Director, Of- of defense services under a contract to Spain the Committee on Resources. fice of Sustainable Fisheries, National Ma- (Transmittal No. DTC 2–99), pursuant to 22 3444. A letter from the Assistant Secretary, rine Fisheries Service, National Oceanic and U.S.C. 2776(d); to the Committee on Inter- Lands and Minerals Management, Depart- Atmospheric Administration, transmitting national Relations. ment of the Interior, transmitting the De- the Administration’s final rule—Fisheries of 3430. A letter from the Assistant Secretary partment’s final rule—Leasing of Sulphur or the Exclusive Economic Zone Off Alaska; Pa- for Legislative Affairs, Department of State, Oil and Gas in the Outer Continental Shelf— cific Ocean Perch in the West Yakutat Dis- transmitting certification of a proposed li- Bonus Payments with Bids (RIN: 1010–AC49) trict of the Gulf of Alaska [Docket No. cense for the export of defense articles or de- received July 26, 1999, pursuant to 5 U.S.C. 990304062–9062–01; I.D. 071699B] received July fense services sold commercially under a 801(a)(1)(A); to the Committee on Resources. 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to contract to Japan [Transmittal No. DTC 78– 3445. A letter from the Acting Assistant the Committee on Resources. 99], pursuant to 22 U.S.C. 2776(c); to the Com- Secretary for Land and Minerals Manage- 3454. A letter from the Acting Director, Of- mittee on International Relations. ment, Department of the Interior, transmit- fice of Sustainable Fisheries, National Ma- 3431. A letter from the Assistant Secretary ting the Department’s final rule—Amend- rine Fisheries Service, National Oceanic and for Legislative Affairs, Department of State, ments to Gas Valuation Regulations for In- Atmospheric Administration, transmitting transmitting notification that effective July dian Leases (RIN: 1010–AB57) received July the Administration’s final rule—Fisheries of 4, 1999, the 15% danger pay allowance for Eri- 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Exclusive Economic Zone Off Alaska; trea has been eliminated, pursuant to 5 the Committee on Resources. Northern Rockfish in the Central Regulatory U.S.C. 5928; to the Committee on Inter- 3446. A letter from the Manager, Yakima Area of the Gulf of Alaska [Docket No. national Relations. River Basin Water Enhancement Project, De- 990304062–9062–01; I.D. 071699A] received July 3432. A letter from the Secretary of Agri- partment of the Interior, transmitting a re- 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to culture, transmitting the Management Re- port on Biologically Based Flows for the the Committee on Resources. port for the 6-month period ending March 31, Yakima River Basin; to the Committee on 3455. A letter from the Deputy Assistant 1999, pursuant to 5 U.S.C. app. (Insp. Gen. Resources. Administrator For Fisheries National Ma- Act) section 5(b); to the Committee on Gov- 3447. A letter from the Acting Director, Of- rine Fisheries Service, National Oceanic and ernment Reform. fice of Sustainable Fisheries National Ma- Atmospheric Administration, transmitting 3433. A letter from the Secretary of En- rine Fisheries Service, Department of Com- the Administration’s final rule—Fisheries of ergy, transmitting the twentieth Semi- merce, transmitting the Department’s final the Exclusive Economic Zone Off Alaska; annual Report to Congress prepared by the rule—Fisheries of the Economic Exclusive Steller Sea Lion Protection Measures for the Department of Energy’s Inspector General, Zone Off Alaska; Deep-Water Species Fishery Pollock Fisheries off Alaska; Extension of an pursuant to 5 U.S.C. app. (Insp. Gen. Act) by Vessels Using Trawl Gear in the Gulf of Expiration Date [Docket No. 990115017–9193– section 5(b); to the Committee on Govern- Alaska [Docket No. 990304062–9060–01; I.D. 02; I.D. 011199A] (RIN: 0648–AM08) received ment Reform. 072199A] received July 27, 1999, pursuant to 5 July 26, 1999, pursuant to 5 U.S.C. 3434. A letter from the Comptroller Gen- U.S.C. 801(a)(1)(A); to the Committee on Re- 801(a)(1)(A); to the Committee on Resources. eral, transmitting a list of GAO reports from sources. 3456. A letter from the Acting Director, Of- the previous month; to the Committee on 3448. A letter from the Assistant Adminis- fice of Sustainable Fisheries National Ma- Government Reform. trator for Fisheries, National Marine Fish- rine Fisheries Service, National Oceanic and H6962 CONGRESSIONAL RECORD — HOUSE August 3, 1999 Atmospheric Administration, transmitting [USCG–1998–4469] (RIN: 2115–AF67) received ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Administration’s final rule—Fisheries of July 22, 1999, pursuant to 5 U.S.C. on Ways and Means. the Exclusive Economic Zone Off Alaska; Pa- 801(a)(1)(A); to the Committee on Transpor- 3477. A letter from the Chief Counsel, Bu- cific Ocean Perch in the Western Regulatory tation and Infrastructure. reau of the Public Debt, Department of the Area of the Gulf of Alaska [Docket No. 3466. A letter from the Regulations Officer, Treasury, transmitting the Department’s 990304062–9062–01; I.D. 071699C] received July Federal Highway Administration, Depart- final rule— Regulations Governing U.S. Sav- 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to ment of Transportation, transmitting the ings BONDs, Series A, B, C, D, E, F, G, H, J, the Committee on Resources. Department’s final rule—National Standards and K, and U.S. Savings Notes; Regulations 3457. A letter from the Secretary of the In- for Traffic Control Devices; Metric Conver- Governing United States Savings BONDs, Se- terior, transmitting notification that the sion [FHWA Docket No. FHWA–97–2353; 96–20] ries EE and HH; Regulations Governing National Park Service has recently pur- (RIN: 2125–AD63) received July 9, 1999, pursu- Book-Entry Treasury BONDs, Notes and Bills; chased lands and interests in land in Katmai ant to 5 U.S.C. 801(a)(1)(A); to the Committee and Electronic Transactions and Funds National Park and Preserve, Alaska, and has on Transportation and Infrastructure. Transfers Related to U.S. Securities—re- conveyed other lands into private ownership 3467. A letter from the Program Analyst, ceived July 2, 1999, pursuant to 5 U.S.C. within this unit of the National Park Sys- Office of the Chief Counsel, Department of 801(a)(1)(A); to the Committee on Ways and tem; to the Committee on Resources. Transportation, transmitting the Depart- Means. 3458. A letter from the Assistant Secretary ment’s final rule— Amendment to Class E 3478. A letter from the Chief, Regulations for Employment and Training, Department Airspace; York, NE [Airspace Docket No. 99– Unit, Internal Revenue Service, transmitting of Labor, transmitting the Department’s ACE–25] received June 21, 1999, pursuant to 5 the Service’s final rule—BLS-LIFO Depart- final rule—Labor Certification Process for U.S.C. 801(a)(1)(A); to the Committee on ment Store Indexes— June 1999—received the Temporary Employment of Non- Transportation and Infrastructure. July 29, 1999, pursuant to 5 U.S.C. immigrant Aliens in Agriculture in the 3468. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Ways and United States; Administrative Measure To Office of the Chief Counsel, Department of Means. Improve Program Performance (RIN: 1205– Transportation, transmitting the Depart- 3479. A letter from the Secretary of Health AB19) received July 2, 1999, pursuant to 5 ment’s final rule— Revision of Class E Air- and Human Services, transmitting notifica- U.S.C. 801(a)(1)(A); to the Committee on the space, Santa Catalina, Ca [Airspace Docket tion that the Department is allotting emer- Judiciary. No. 99–AWP–6] received June 21, 1999, pursu- gency funds to 16 States and the District of 3459. A letter from the Secretary of Trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Columbia; jointly to the Committees on portation, transmitting the Department’s on Transportation and Infrastructure. Commerce and Education and the Workforce. annual report entitled ‘‘Report to Congress 3469. A letter from the Program Analyst, 3480. A letter from the Secretary of Health on Transportation Security’’ for Calendar Office of the Chief Counsel, Department of and Human Services, transmitting a draft of Year 1997, pursuant to Public Law 101—604, Transportation, transmitting the Depart- proposed legislation entitled, ‘‘Medicaid and section 102(a) (104 Stat. 3068); to the Com- ment’s final rule— Establishment of Class E Children’s Health Insurance Program mittee on Transportation and Infrastruc- Airspace; Taylor, AZ [Airspace Docket No. Amendments of 1999’’; jointly to the Com- ture. 97–AWP–2] received June 21, 1999, pursuant to mittees on Commerce and Ways and Means. 3460. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on f Office of the Chief Counsel, FAA, Depart- Transportation and Infrastructure. ment of Transportation, transmitting the 3470. A letter from the Program Analyst, REPORTS OF COMMITTEES ON Department’s final rule— Airworthiness Di- Office of the Chief Counsel, Department of PUBLIC BILLS AND RESOLUTIONS rectives; Airbus Industrie Model A300–600 Se- Transportation, transmitting the Depart- ries Airplanes [ Docket No. 98–NM–62–AD; ment’s final rule— Airworthiness Directives; Under clause 2 of rule XIII, reports of Amendment 39–11236; AD 99–16–01] (RIN: 2120– Cessna Aircraft Company Models 206H and committees were delivered to the Clerk AA64) received July 29, 1999, pursuant to 5 T206H Airplanes [Docket No. 99–CE–23–AD; for printing and reference to the proper U.S.C. 801(a)(1)(A); to the Committee on Amendment 39–11197; AD 99–13–04] (RIN: 2120– calendar, as follows: Transportation and Infrastructure. AA64) received June 21, 1999, pursuant to 5 Mr. LINDER: Committee on Rules. House 3461. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Resolution 273. Resolution providing for con- Office of the Chief Counsel, FAA, Depart- Transportation and Infrastructure. ment of Transportation, transmitting the 3471. A letter from the Program Analyst, sideration of the bill (H.R. 2670) making ap- Department’s final rule— Airworthiness Di- Office of the Chief Counsel, Department of propriations for the Departments of Com- rectives; Pratt & Whitney JT9D Series Tur- Transportation, transmitting the Depart- merce, Justice, and State, the Judiciary, and bofan Engines [Docket No. 98–ANE–21–AD; ment’s final rule— Amendment to Class E related agencies for the fiscal year ending Amendment 39–11233; AD 98–23–07 R1] re- Airspace; Macon, MO [Airspace Docket No. September 30, 2000, and for other purposes ceived July 29, 1999, pursuant to 5 U.S.C. 99–ACE–20] received June 21, 1999, pursuant (Rept. 106–284). Referred to the House Cal- 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on endar. tation and Infrastructure. Transportation and Infrastructure. Mr. YOUNG of Alaska: Committee on Re- 3462. A letter from the Program Analyst, 3472. A letter from the Program Analyst, sources. H.R. 940. A bill to establish the Office of the Chief Counsel, FAA, Depart- Office of the Chief Counsel, Department of Lackawanna Heritage Valley American Her- ment of Transportation, transmitting the Transportation, transmitting the Depart- itage Area; with amendments (Rept. 106–285). Department’s final rule— Airworthiness Di- ment’s final rule— Amendment to Class E Referred to the Committee of the Whole rectives; Boeing Model 737–600 Series Air- Airspace; Emporia, KS [Airspace Docket No. House on the State of the Union. planes [Docket No. 99–NM–155–AD; Amend- 099–ACE–24] received June 21, 1999, pursuant Mr. WALSH: Committee on Appropria- ment 39–11229; AD 99–15–09] (RIN: 2120–AA64) to 5 U.S.C. 801(a)(1)(A); to the Committee on tions. H.R. 2684. A bill making appropria- received July 29, 1999, pursuant to 5 U.S.C. Transportation and Infrastructure. tions for the Department of Veterans Affairs 801(a)(1)(A); to the Committee on Transpor- 3473. A letter from the Associate Adminis- and Housing and Urban Development, and for tation and Infrastructure. trator for Procurement, National Aero- sundry independent agencies, boards, com- 3463. A letter from the Program Analyst, nautics and Space Administration, transmit- missions, corporations, and offices for the Office of the Chief Counsel, FAA, Depart- ting the Administration’s final rule—Mis- fiscal year ending September 30, 2000, and for ment of Transportation, transmitting the cellaneous Administrative Revisions—re- other purposes (Rept. 106–286). Referred to Department’s final rule— Establishment of ceived July 2, 1999, pursuant to 5 U.S.C. the Committee of the Whole House on the Class E Airspace; Taylor, AZ [Airspace Dock- 801(a)(1)(A); to the Committee on Science. State of the Union. et No. 97–AWP–2] received July 29, 1999, pur- 3474. A letter from the Associate Adminis- DISCHARGE OF COMMITTEE suant to 5 U.S.C. 801(a)(1)(A); to the Com- trator for Procurement, National Aero- Pursuant to clause 5 of rule X, Com- mittee on Transportation and Infrastruc- nautics and Space Administration, transmit- mittee on Government Reform dis- ture. ting the Administration’s final rule—NASA 3464. A letter from the Program Analyst, FAR Supplement; Protests to the Agency— charged. H.R. 1907 referred to the Com- Office of the Chief Counsel, FAA, Depart- received July 2, 1999, pursuant to 5 U.S.C. mittee of the Whole House on the State ment of Transportation, transmitting the 801(a)(1)(A); to the Committee on Science. of the Union. Department’s final rule— Correction of Class 3475. A letter from the Secretary of Vet- f D Airspace, Bullhead City, AZ [Airspace erans Affairs, transmitting a response to the Docket No. 99–AWP–8] received July 29, 1999, Report of the Congressional Commission on REPORTED BILLS SEQUENTIALLY pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Servicemembers and Veterans Transition As- REFERRED mittee on Transportation and Infrastruc- sistance; to the Committee on Veterans’ Af- Under clause 5 of rule X, bills and re- ture. fairs. 3465. A letter from the Chief, Office of Reg- 3476. A letter from the Chief Counsel, Bu- ports were delivered to the Clerk for ulations and Administrative Law, USCG, De- reau of the Public Debt, Department of the printing, and bills referred as follows: partment of Transportation, transmitting Treasury, transmitting the Department’s Mr. COBLE: Committee on the Judiciary. the Department’s final rule—Management final rule—General Regulations Governing H.R. 1907. A bill to amend title 35, United Information System (MIS) Requirements U.S. Securities—received July 2, 1999, pursu- States Code, to provide enhanced protection August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6963 for inventors and innovators, protect patent By Mr. BONILLA (for himself and Mr. H.R. 2694. A bill to increase the avail- terms, reduce patent litigation, and for other SAM JOHNSON of Texas): ability of child care for children whose par- purposes, with an amendment; referred to H.R. 2685. A bill to guarantee the right of ents work nontraditional hours or shifts; to the Committee on Government Reform for a all active duty military personnel, merchant the Committee on Education and the Work- period ending not later than August 3, 1999, mariners, and their dependents to vote in force. for consideration of such provisions of the Federal, State, and local elections; to the By Mr. SHUSTER (for himself, Mr. bill and amendment as fall within the juris- Committee on House Administration, and in OBERSTAR, Mr. PETRI, and Mr. RA- diction of that committee pursuant to clause addition to the Committees on Veterans’ Af- HALL): 1(h), rule X (Rept. 106–287, Pt. 1). Ordered to fairs, and the Judiciary, for a period to be H. Con. Res. 171. Concurrent resolution be printed. subsequently determined by the Speaker, in congratulating the American Public Transit each case for consideration of such provi- f Association for 25 years of commendable sions as fall within the jurisdiction of the service to the transit industry and the Na- PUBLIC BILLS AND RESOLUTIONS committee concerned. tion; to the Committee on Transportation By Mr. DAVIS of Virginia: and Infrastructure. Under clause 2 of rule XII, public H.R. 2686. A bill to amend subchapter III of f bills and resolutions were introduced chapter 83 of title 5, United States Code, to and severally referred, as follows: make service performed as an employee of a MEMORIALS nonappropriated fund instrumentality after By Mr. MCCOLLUM: Under clause 3 of rule XII, memorials 1965 and before 1987 creditable for retirement H.R. 2678. A bill to amend title 39, United were presented and referred as follows: States Code, to provide for the establishment purposes; to the Committee on Government Reform. 179. The SPEAKER presented a memorial of a notification system under which individ- of the House of Representatives of the State uals may elect not to receive mailings re- By Ms. LOFGREN (for herself, Mr. CON- YERS, Mr. DOOLEY of California, Ms. of Colorado, relative to House Joint Resolu- lated to skill contests or sweepstakes, and tion No. 99–1043 memorializing Congress to for other purposes; to the Committee on ESHOO, Ms. PELOSI, Ms. SANCHEZ, Mrs. TAUSCHER, Ms. WOOLSEY, Mr. pass legislation requiring labels that disclose Government Reform. the country of origin on meats, poultry, and By Mr. SHUSTER (for himself, Mr. MATSUI, Mr. THOMPSON of California, Ms. JACKSON-LEE of Texas, Mr. BER- fresh produce; to the Committee on Agri- OBERSTAR, Mr. PETRI, and Mr. RA- MAN, Mr. MEEHAN, and Mr. KIND): culture. HALL): H.R. 2687. A bill to amend the Immigration 180. Also, a memorial of the House of Rep- H.R. 2679. A bill to amend title 49, United and Nationality Act to establish a 5-year resentatives of the State of Illinois, relative States Code, to establish the National Motor pilot program under which certain aliens to House Joint Resolution No. 12 memori- Carrier Administration in the Department of completing a postsecondary degree in mathe- alizing Congress and the Department of Agri- Transportation, to improve the safety of matics, science, engineering, or computer culture to re-examine our national agricul- commercial motor vehicle operators and car- science are permitted to change non- tural policy and give due attention and ac- riers, to strengthen commercial driver’s li- immigrant classification in order to remain tion to remedy the current agricultural eco- censes, and for other purposes; to the Com- in the United States for a 5-year period for nomic dilemma; to the Committee on Agri- mittee on Transportation and Infrastruc- the purpose of working in one of those fields; culture. ture. to the Committee on the Judiciary. 181. Also, a memorial of the House of Rep- By Ms. JACKSON-LEE of Texas (for By Mr. MORAN of Virginia (for himself resentatives of the State of New Hampshire, herself, Mr. CONYERS, Mr. BERMAN, and Ms. NORTON): relative to House Joint Resolution No. 7 me- Mr. GUTIERREZ, and Mr. MEEHAN): H.R. 2688. A bill to reduce traffic conges- morializing support for the continued man- H.R. 2680. A bill to replace the Immigra- tion, promote economic development, and agement of the White Mountain National tion and Naturalization Service with the Na- improve the quality of life in the metropoli- Forest for multiple uses as a part of the Na- tional Immigration Bureau, to separate the tan Washington region; to the Committee on tional Forest System; to the Committee on immigration enforcement and adjudication Transportation and Infrastructure. Agriculture. functions performed by officers and employ- By Mr. NEY: 182. Also, a memorial of the House of Rep- ees of the Bureau reporting to the Director, H.R. 2689. A bill to impose a one-year mor- resentatives of the State of Colorado, rel- to amend the Immigration and Nationality atorium on promulgation of new rules by the ative to House Joint Resolution No. 99–1032 Act to restore eligibility for adjustment of Health Care Financing Administration; to memorializing Congress to repeal all provi- status under section 245(i) of that Act and to the Committee on Ways and Means, and in sions of federal law that allow or require a restructure the use of fees collected for pro- addition to the Committee on Commerce, for labor organization to represent employees viding adjudication and naturalization serv- a period to be subsequently determined by who choose not to join or financially support ices, and for other purposes; to the Com- the Speaker, in each case for consideration such labor organization; to the Committee mittee on the Judiciary. of such provisions as fall within the jurisdic- on Education and the Workforce. By Mr. SHUSTER (for himself, Mr. tion of the committee concerned. 183. Also, a memorial of the House of Rep- OBERSTAR, Mr. PETRI, and Mr. RA- By Mr. SMITH of New Jersey (for him- resentatives of the State of New Hampshire, HALL): self and Mr. PAYNE): relative to House Concurrent Resolution No. H.R. 2681. A bill to establish a program, co- H.R. 2690. A bill to prohibit States from 6 memorializing the President and Congress ordinated by the National Transportation imposing a family cap under the program of to fund 40 percent of the average per pupil Safety Board, of assistance to families of temporary assistance to needy families; to expenditure in public elementary and sec- passengers involved in rail passenger acci- the Committee on Ways and Means. ondary schools in the United States as prom- dents; to the Committee on Transportation By Mr. STARK (for himself, Mr. MAR- ised under the IDEA to ensure that all chil- and Infrastructure. KEY, Mr. MCGOVERN, Mr. dren, regardless of disability, receive a qual- By Mr. SHUSTER (for himself, Mr. MCDERMOTT, Mr. MOAKLEY, Mr. ity education and are treated with the dig- OBERSTAR, Mr. PETRI, and Mr. RA- OLVER, Mr. CAPUANO, and Mr. GOR- nity and respect they deserve; to the Com- HALL) (all by request): DON): mittee on Education and the Workforce. H.R. 2682. A bill to amend title 49, United H.R. 2691. A bill to amend the Internal Rev- 184. Also, a memorial of the Legislature of States Code, to enhance the safety of motor enue Code of 1986 and titles XVIII and XIX of the State of New York, relative to Senate carrier operations and the Nation’s highway the Social Security Act to provide a range of No. 1557 memorializing the New York State system, including highway-rail crossings, by long-term care services; to the Committee Congressional Delegation to effectuate a re- amending existing safety laws to strengthen on Ways and Means, and in addition to the peal of the oxygenate mandate for reformu- commercial driver licensing, to improve Committees on Commerce, Government Re- lated gasoline; to the Committee on Com- compliance, and for other purposes; to the form, and Education and the Workforce, for merce. Committee on Transportation and Infra- a period to be subsequently determined by 185. Also, a memorial of the House of Rep- structure. the Speaker, in each case for consideration resentatives of the State of Colorado, rel- H.R. 2683. A bill to authorize activities of such provisions as fall within the jurisdic- ative to House Joint Resolution No. 99–1047 under the Federal railroad safety laws for tion of the committee concerned. memorializing Congress to subject the ‘‘Re- fiscal years 2000 through 2003, and for other By Mr. WEINER: gional Haze Rule’’ to congressional rule re- purposes; to the Committee on Transpor- H.R. 2692. A bill to amend the Internal Rev- view, to reject the rule, and return it to the tation and Infrastructure. enue Code of 1986 to expand the child tax EPA for proper participation by all inter- By Mr. WALSH: credit; to the Committee on Ways and ested parties prior to promulgation in ac- H.R. 2684. A bill making appropriations for Means. cordance with the requirements of the fed- the Departments of Veterans Affairs and By Ms. WOOLSEY: eral ‘‘Administrative Procedures Act’’; to Housing and Urban Development, and for H.R. 2693. A bill to amend the Child Care the Committee on Commerce. sundry independent agencies, boards, com- and Development Grant Act of 1990 to pro- 186. Also, a memorial of the House of Rep- missions, corporations, and offices for the vide for improved care for young children; to resentatives of the State of Colorado, rel- fiscal year ending September 30, 2000, and for the Committee on Education and the Work- ative to House Joint Resolution No. 99–1037 other purposes. force. memorializing Congress to require the EPA H6964 CONGRESSIONAL RECORD — HOUSE August 3, 1999 to recognize that the State of Colorado has ative to House Joint Resolution No. 99–1051 ADDITIONAL SPONSORS the requisite authority, expertise, experi- memorializing Congress to adopt certain ence, and resources to administer delegated amendments to the federal ‘‘Endangered Under clause 7 of rule XII, sponsors federal environmental programs; to the Com- Species Act of 1973’’; to the Committee on were added to public bills and resolu- mittee on Commerce. Resources. tions as follows: 187. Also, a memorial of the House of Rep- 198. Also, a memorial of the House of Rep- H.R. 44: Mr. COOK, Ms. ESHOO, Mr. MCHUGH, resentatives of the State of New Hampshire, resentatives of the State of Colorado, rel- Mr. GARY MILLER of California, and Mr. relative to House Joint Resolution No. 2 me- ative to House Joint Resolution No. 99–1049 WATTS of Oklahoma. morializing federal air pollution programs to memorializing support for the most inte- H.R. 269: Mrs. THURMAN, Mr. STARK, and not punish early adopters of air pollution grated setting mandate in regulations adopt- Mr. HILLIARD. control technology; to the Committee on ed by the United States Attorney General H.R. 274: Mr. ENGLISH and Mr. SMITH of Commerce. pursuant to the federal ‘‘Americans With Washington. 188. Also, a memorial of the House of Rep- Disabilities Act of 1990’’; to the Committee H.R. 303: Ms. STABENOW, Mr. RYAN of Wis- resentatives of the State of New Hampshire, on the Judiciary. consin, and Ms. LEE. relative to House Joint Resolution No. 9 me- 199. Also, a memorial of the House of Rep- H.R. 382: Mr. DOYLE and Mr. WEXLER. morializing Congress to eliminate the oxy- resentatives of the State of New Hampshire, H.R. 393: Mrs. NAPOLITANO. genate requirements of the federal Clean Air relative to House Concurrent Resolution No. H.R. 405: Mr. KOLBE and Mr. MURTHA. Act without imposing any new federal re- 4 memorializing the Secretary of Transpor- H.R. 410: Mr. WU. quirements to reduce air pollution; to the tation to expeditiously authorize the inclu- H.R. 488: Mr. STARK. Committee on Commerce. sion of U.S. Route 2 through the states of H.R. 489: Mr. BLUMENAUER. 189. Also, a memorial of the House of Rep- Maine, New Hampshire, and Vermont as a H.R. 531: Mr. OXLEY. resentatives of the State of New Hampshire, designated border corridor highway under H.R. 552: Mr. PACKARD. relative to House Concurrent Resolution No. the auspices of Section 1118 and 1119 of the H.R. 566: Mr. GALLEGLY. 12 memorializing Congress to enact legisla- Transportation Equity Act of the 21st Cen- H.R. 583: Mr. KUCINICH and Mr. tion amending the Social Security Act to tury; to the Committee on Transportation CUNNINGHAM. prohibit recoupment by the federal govern- and Infrastructure. H.R. 595: Mr. REYES. ment of state tobacco settlement funds; to 200. Also, a memorial of the House of Rep- H.R. 601: Mr. WATTS of Oklahoma. the Committee on Commerce. resentatives of the State of New Hampshire, H.R. 606: Mr. BASS. 190. Also, a memorial of the House of Rep- relative to House Concurrent Resolution No. H.R. 655: Mr. SMITH of Washington. resentatives of the State of New Hampshire, 11 memorializing Congress and the Internal H.R. 671: Mr. SNYDER. relative to House Concurrent Resolution No. Revenue Service to make changes to the In- H.R. 776: Mr. LAMPSON. 12 memorializing Congress to enact legisla- ternal Revenue Code and federal tax regula- H.R. 783: Mr. LAHOOD. tion amending the Social Security Act to tions necessary to broaden the ability of tax- H.R. 784: Mr. ACKERMAN and Mrs. MORELLA. prohibit recoupment by the federal govern- payers to make tax-deductible contributions H.R. 809: Mr. WATTS of Oklahoma. ment of state tobacco settlement funds; to to Nuclear Decommissioning Reserve Funds H.R. 852: Mrs. EMERSON. the Committee on Commerce. and to permit all contributions toward fu- H.R. 854: Mr. WEYGAND. 191. Also, a memorial of the House of Rep- ture decommissioning expenses to receive H.R. 919: Mr. BERMAN, Mr. CUMMINGS, Mr. resentatives of the State of Alabama, rel- beneficial tax treatment; to the Committee LANTOS, and Mr. TIERNEY. ative to House Joint Resolution No. 178 me- on Ways and Means. H.R. 997: Mr. SMITH of Washington, and Mr. morializing Congress to enact legislation 201. Also, a memorial of the Senate of the BLUMENAUER. amending the Social Security Act to pro- State of Nevada, relative to Senate Joint H.R. 1055: Mr. ENGLISH and Mr. GREEN of hibit recoupment by the federal government Resolution No. 22 memorializing Congress to Texas. of state tobacco settlement funds; to the ensure that the provisions of H.R. 10, S. 900 H.R. 1067: Mr. CAMPBELL and Mr. SHOWS. Committee on Commerce. and any similar federal legislation do not H.R. 1102: Mr. MASCARA, Mr. PASCRELL, Mr. 192. Also, a memorial of the General As- interfere with the jurisdiction of Nevada to SUNUNU, Mr. GREEN of Texas, Mr. sembly of the State of Rhode Island, relative regulate providers of insurance for the pro- CUNNINGHAM, and Mr. KUYKENDALL. to Joint Resolution 99–S 1003 memorializing tection of its residents; jointly to the Com- H.R. 1111: Mr. WALSH, Mr. BONILLA, Mr. the President and Congress to ratify the mittees on Commerce and Banking and Fi- BAKER, Mr. KILDEE, and Mr. Menendez. United Nations convention on the Rights of nancial Services. H.R. 1168: Mr. DIAZ-BALART and Mr. ALLEN. the Child; to the Committee on International 202. Also, a memorial of the Legislature of H.R. 1221: Mr. WEXLER and Mr. GOSS. Relations. the State of Idaho, relative to House Joint H.R. 1272: Mr. FLETCHER. 193. Also, a memorial of the House of Rep- Memorial No. 5 memorializing support for H.R. 1317: Mr. MCCRERY. resentatives of the State of Hawaii, relative the stabilization of payments of the United H.R. 1322: Mr. MINGE and Mr. ROYCE. to House Resolution No. 219 HD1 memori- States Forest Service to county govern- H.R. 1334: Mr. STENHOLM. alizing the United Nations Children’s Fund ments through the State Treasurer; jointly H.R. 1344: Mr. BAKER, Mr. KOLBE, and Mr. to establish a center for the health, welfare, to the Committees on Resources and Agri- UDALL of New Mexico. and rights of children and youth in Hawaii culture. H.R. 1355: Mr. OSE. and support for the center is respectfully re- 203. Also, a memorial of the Senate of the H.R. 1356: Mr. GOODLING, Mr. STEARNS, Mrs. quested from the President of the United State of Colorado, relative to Senate Joint KELLY, Mr. PITTS, and Mr. HALL of Ohio. States and Congress; to the Committee on Memorial No. 99–003 memorializing Congress H.R. 1360: Mr. GORDON and Mr. RAHALL. International Relations. to establish a block grant program for the H.R. 1399: Mr. WEINER and Mr. NEAL of 194. Also, a memorial of the Legislature of distribution of federal highway moneys, to Massachusetts. the Commonwealth of Guam, relative to Res- use a uniform measure when considering the H.R. 1452: Mr. HINCHEY, Mr. NEY, and Mr. olution No. 126 memorializing Guam’s Dele- donor and donee issue, to eliminate dem- JEFFERSON. gate to the U.S. Congress introduce legisla- onstration projects, and to expand activities H.R. 1505: Mr. KUCINICH and Mr. CANNON. tion that would further amend the Organic to combat the evasion of federal highway H.R. 1531: Mr. WEINER and Mrs. THURMAN. Act of Guam to allow for the first election of taxes and fees; jointly to the Committees on H.R. 1547: Mr. MCHUGH. the Attorney General of Guam to be held in Transportation and Infrastructure and Ways H.R. 1577: Mr. DOOLITTLE, Mr. GRAHAM, Mr. the General Election in the year 2000; to the and Means. SAM JOHNSON of Texas, Mr. LEWIS of Ken- Committee on Resources. 204. Also, a memorial of the House of Rep- tucky, Mr. POMBO, Mr. SESSIONS, and Mr. 195. Also, a memorial of the House of Rep- resentatives of the State of New Hampshire, WHITFIELD. resentatives of the State of Colorado, rel- relative to House Concurrent Resolution No. H.R. 1579: Mr. OSE. ative to House Joint Resolution No. 99–1023 9 memorializing the federal government to H.R. 1592: Mr. BERRY and Mr. STENHOLM. memorializing the Department of the Inte- review Medicare policies and procedures to H.R. 1594: Mr. BERMAN, Mr. STARK, Ms. rior and the Bureau of Land Management to ensure that New Hampshire senior citizens SLAUGHTER, Mr. WYNN, Mr. WEYGAND, Mr. withdraw the current proposal to amend the retain all Medicare options; jointly to the MCDERMOTT, Mr. TRAFICANT, and Mr. MEE- federal regulations, 43 C.F.R. subpart 3809 Committees on Ways and Means and Com- HAN. and published at 64 F.R. 6422 on February 9, merce. H.R. 1621: Mr. COYNE, Mr. ADERHOLT, Ms. LEE, Mr. HOLDEN, and Mr. BLUMENAUER. 1999, governing hardrock mining activity; to f the Committee on Resources. H.R. 1622: Mr. ISAKSON. 196. Also, a memorial of the House of Rep- PRIVATE BILLS AND H.R. 1640: Mr. KILDEE, Ms. KILPATRICK, Mr. resentatives of the State of Colorado, rel- RESOLUTIONS NEAL of Massachusetts, Mr. BROWN of Ohio, ative to House Joint Resolution No. 99–1020 Mr. MCNULTY, Mr. MCGOVERN, Mr. CLAY, Mr. memorializing opposition towards H.R. 829, Under clause 3 of rule XII, MOAKLEY, Mr. BARCIA, and Mr. SCOTT. the ‘‘Colorado Wilderness Act of 1999’’; to the Mr. FRANK of Massachusetts introduced A H.R. 1649: Mr. STUMP. Committee on Resources. bill (H.R. 2695) to provide for the relief of H.R. 1685: Mr. PETERSON of Pennsylvania. 197. Also, a memorial of the House of Rep- Kathy Barrett; which was referred to the H.R. 1728: Mr. OLVER, Mr. COYNE, and Ms. resentatives of the State of Colorado, rel- Committee on the Judiciary. DANNER. August 3, 1999 CONGRESSIONAL RECORD — HOUSE H6965

H.R. 1750: Mr. PETERSON of Minnesota. H.R. 2534: Ms. LOFGREN and Mr. MOORE. SENSE OF THE CONGRESS THAT THE NATIONAL H.R. 1777: Mr. KUCINICH. H.R. 2543: Mr. STEARNS and Mr. GILMAN. INSTANT CRIMINAL BACKGROUND CHECK SYS- H.R. 1791: Mr. DOYLE. H.R. 2548: Mr. BURTON of Indiana, Mr. TEM SHOULD IMMEDIATELY NOTIFY THE AP- H.R. 1810: Mr. COSTELLO. JONES of North Carolina, Mr. TRAFICANT, and PROPRIATE AUTHORITIES ABOUT ATTEMPTED H.R. 1821: Ms. DANNER, Mr. REYES, and Ms. Ms. KILPATRICK. FIREARMS PURCHASES BY INELIGIBLE PER- DELAURO. H.R. 2558: Mr. FROST. SONS H.R. 1824: Mr. HYDE. H.R. 2559: Mr. HILL. of Montana, Mr. GIL- It is the sense of the Congress that— H.R. 1832: Mr. HALL of Texas, Mr. SMITH of MAN, Mr. SMITH of Michigan, and Mr. (1) if the national instant criminal back- New Jersey, and Mr. TRAFICANT. COOKSEY. ground check system determines that receipt H.R. 1838: Mrs. MALONEY of New York, Mr. H.R. 2574: Mrs. NAPOLITANO, Mr. UDALL of of a firearm by a person would violate sub- BILIRAKIS, and Mr. LINDER. Colorado, and Mrs. MCCARTHY. of New York. section (g) or (n) of section 922 of title 18, H.R. 1844: Mr. BOEHLERT. H.R. 2586: Mr. ROMERO-BARCELO.. United States Code, or State law, the system H.R. 1856: Mr. VITTER. H.R. 2631: Mr. UNDERWOOD and Mr. DICKS. should immediately notify the State and H.R. 1876: Mr. BARTON of Texas, Mr. HALL H.R. 2662: Mr. HOUGHTON. local law enforcement authorities (if willing of Texas, Mrs. NORTHUP, Mr. SESSIONS, and H.J. Res. 2: Mr. FORBES. to accept the information), and the field of- Mr. ISAKSON. H Con. Res. 111: Mr. WEINER and Ms. fice of the Bureau of Alcohol, Tobacco and H.R. 1883: Mr. DELAHUNT, Mr. FOSSELLA, SANCHEZ. Firearms, that the Attorney General deems Mrs. NAPOLITANO, Mr. MINGE, Mr. PHELPS, H. Con. Res. 129: Mr. PORTER. appropriate, of— Mr. DREIER, and Mr. LEWIS of Georgia. H. Con Res. 134: Mr. OBERSTAR. (A) the determination (including why the H.R. 1887: Mr. DOYLE. H. Res. 155: Mr. DEFAZIO, Mr. HOYER, Mr. receipt would constitute such a violation); H.R. 1899: Mr. GEJDENSON, Mr. BARTON of HUNTER, Mrs. LOWEY, and Mr. STARK. (B) the name of, and such other identifying Texas, and Mr. OLVER. H. Res. 268: Mr. BAKER. information about the person as the system H.R. 1933: Mr. SOUDER, Mr. TIAHRT, and Mr. possesses; and HOSTETTLER. f (C) the location of the licensee involved. H.R. 1977: Mr. HILLIARD and Ms. KIL- (2) neither a government nor an employee PATRICK. of a government responsible for providing a H.R. 1987: Mr. NETHERCUTT. PETITIONS, ETC. notice or information pursuant to subpara- H.R. 1990: Mr. BARRETT of Wisconsin, Mr. Under clause 3 of rule XII, petitions graph (A) should be liable in an action at law HOLT, Mr. OXLEY, and Mr. GILCHREST. and papers were laid on the clerk’s for damages for failure to so provide such a H.R. 1998: Mr. LEWIS of California. desk and referred as follows: notice or such information. H.R. 2004: Ms. LEE. H.R. 2030: Mr. LUTHER. 43. The SPEAKER presented a petition of H.R. 2670 H.R. 2057: Mr. PETERSON of Pennsylvania the Municipal Assembly of Isabela, relative OFFERED BY: MR. CAMPBELL and Mr. BLUNT. to Resolution No. 87 petitioning the Presi- AMENDMENT NO. 5: At the end of the bill, H.R. 2120: Mr. HASTINGS of Florida and Mr. dent of the United States to withdraw the insert after the last section (preceding the EDWARDS. Navy from Vieques, Puerto Rico; to the Com- short title) the following: H.R. 2221: Mr. VITTER. mittee on Armed Services. SEC. ll. None of the funds appropriated H.R. 2241: Mr. KOLBE, Mr. DELAHUNT, Mr. 44. Also, a petition of the City of under this Act may be used to enforce the MURTHA, Mr. GEJDENSON, and Mr. GEKAS. Strongsville, relative to Resolution No. 1999– provisions of 8 U.S.C. 1534(e)(3)(F)(ii). H.R. 2245: Mr. WHITFIELD. 141 petitioning support for the ratification, H.R. 2670 H.R. 2258: Mr. DAVIS of Illinois. by the United States, of the United Nations OFFERED BY: MR. COOK H.R. 2260: Mr. DUNCAN, Mr. RYAN of Wis- Convention on the elimination of all forms AMENDMENT NO. 6: Page 28, line 11, after of discimination against women; to the Com- consin, Mr. QUINN, Mr. BLILEY, and Mr. the dollar amount, insert the following: ‘‘(in- GALLEGLY. mittee on International Relations. creased by $2,500,000)’’. H.R. 2268: Mr. KOLBE. 45. Also, a petition of the Legislature of Page 29, line 5, after the dollar amount, in- H.R. 2282: Mr. NETHERCUTT. Rockland County, relative to Resolution No. sert the following: ‘‘(increased by H.R. 2303: Mrs. TAUSCHER, Mr. PORTMAN, 191 of 1999 petitioning Congress to return to $2,500,000)’’. Mr. HAYES, Mr. HASTINGS of Washington, state side Land and Water Conservation Page 32, line 18, after the dollar amount, Mrs. CUBIN, Mr. DOYLE, Mr. REGULA, Mr. Fund funding in the 1999–2000 Federal Budg- insert the following: ‘‘(increased by SUNUNU, Mr. HALL of Ohio, and Mr. NADLER. et; to the Committee on Resources. $2,500,000)’’. H.R. 2308: Mr. UDALL of New Mexico. 46. Also, a petition of the City of Miami Page 32, line 23, after the dollar amount, H.R. 2354: Mrs. MEEK of Florida. Commission, relative to Resolution No. 99– insert the following: ‘‘(increased by H.R. 2357: Mrs. JONES of Ohio, Mr. HALL of 359 petitioning support for Stiltsville, and $2,500,000)’’. Ohio, Mr. OXLEY, Mr. STRICKLAND, Mr. HOB- recommending that it not be demolished as Page 32, line 25, after the dollar amount, SON, Ms. KAPTUR, Mr. KUCINICH, Mr. BROWN presently intended, and supporting efforts to insert the following: ‘‘(increased by of Ohio, Mr. SAWYER, Mr. NEY, Mr. have Stiltsville reconsidered as a designated $2,500,000)’’. LATOURETTE, Mr. PORTMAN, Mr. FRELING- historic site by Biscayne National Park, the Page 43, line 1, after the dollar amount, in- HUYSEN, Mr. LIPINSKI, Mr. FRANK of Massa- National Park Service, the U.S. Department sert the following: ‘‘(reduced by $11,972,000)’’. Page 43, line 5, after the dollar amount, in- chusetts, Mr. JACKSON of Illinois, Ms. MCKIN- of the Interior, and further directing the sert the following: ‘‘(reduced by $11,972,000)’’. NEY, Mr. CLAY, Mrs. CHRISTENSEN, Mrs. City Clerk to transmit a copy of this resolu- Page 43, line 6, after the dollar amount, in- THURMAN, Mr. SKELTON, Mrs. MEEK of Flor- tion to the officials designated herein; to the sert the following: ‘‘(reduced by $11,972,000)’’. ida, Mr. HILLIARD, Mr. CHABOT, and Mr. Committee on Resources. Page 43, line 12, after the dollar amount, GILLMOR. 47. Also, a petition of the Common Council insert the following: ‘‘(reduced by H.R. 2372: Mr. MCHUGH, Ms. PRYCE of Ohio, of the City of Albany, relative to Resolution $11,972,000)’’. Mr. WATKINS, Mr. SHIMKUS, Mr. BOYD, Mr. No. 79.102.98R petitioning support for the H.R. 2670 DEAL of Georgia, Mr. THORNBERRY, Mr. adoption of pending federal and state hate FFERED BY R ROWLEY TURNER, Mr. FOLEY, Mr. HUTCHINSON, Mr. crimes legislation and urging speedy action O : M . C HOEKSTRA, Mr. STEARNS, Mr. HILLEARY, Mrs. by colleagues in the Congress and State Leg- AMENDMENT NO. 7: At the end of the bill, EMERSON, Mr. HOLDEN, Mr. HOBSON, Mr. islature; to the Committee on the Judiciary. insert after the last section (preceding the HOYER, and Mr. POMBO. 48. Also, a petition of the Legislature of short title) the following: H.R. 2395: Mr. BEREUTER and Mr. SIMPSON. Rockland County, relative to Resolution No. TITLE VIII—ADDITIONAL GENERAL H.R. 2419: Mr. HILLIARD, Mr. RODRIGUEZ, 204 of 1999 petitioning Congress to adopt the PROVISIONS Mr. RADANOVICH, and Mr. ROGERS. Immunosuppresive Drug Extension Coverage SEC. 801. None of the funds made available H.R. 2420: Mr. JONES of North Carolina, Mr. Act of 1999; jointly to the Committees on in this Act may be used for joint training BOYD, and Mr. ISAKSON. Ways and Means and Commerce. programs between the Royal Ulster Con- H.R. 2424: Mr. DAVIS of Illinois. stabulary and any Federal law enforcement H.R. 2434: Mr. BARRETT of Nebraska, Mr. f agency. BLILEY, Mr. LEWIS of Kentucky, and Mr. H.R. 2670 NETHERCUTT. AMENDMENTS OFFERED BY: MR. HALL OF OHIO H.R. 2441: Mr. UPTON, Mr. COX, Mr. OWENS, AMENDMENT NO. 8: In title IV, under DE- and Mr. BARRETT of Wisconsin. Under clause 8 of rule XVIII, pro- PARTMENT OF STATE, ARREARAGE PAY- H.R. 2470: Mr. LIPINSKI. posed amendments were submitted as MENTS, strike the first proviso. H.R. 2494: Mr. LARGENT. follows: H.R. 2498: Mr. RAMSTAD, Mrs. CAPPS, and H.R. 2670 H.R. 2670 Mr. SMITH of Washington. OFFERED BY: MS. JACKSON-LEE OF TEXAS H.R. 2512: Ms. MCCARTHY of Missouri, Mr. OFFERED BY: MR. BLAGOJEVICH OF ILLINOIS AMENDMENT NO. 9: Page 18, line 18, after FORD, and Mr. SAWYER. AMENDMENT NO. 4: At the end of title I, in- the dollar amount, insert the following: ‘‘(in- H.R. 2515: Ms. LOFGREN. sert the following new section: creased by $3,700,000)’’. H6966 CONGRESSIONAL RECORD — HOUSE August 3, 1999 Page 27, line 17, after the dollar amount, (6) International Lead and Zinc Study H.R. 2670 insert the following: ‘‘(reduced by Group. OFFERED BY: MR. TERRY $3,700,000)’’. (7) International Natural Rubber Organiza- H.R. 2670 tions. AMENDMENT NO. 18: Page 53, line 26, after the dollar amount insert ‘‘(reduced by OFFERED BY: MS. JACKSON-LEE OF TEXAS (8) International Vine and Wine. (9) International Union for the Conserva- $14,000,000)’’. Amendment No. 10: Page 19, line 24, after tion of Nature and Natural Resources. Page 54, line 12, after the dollar amount in- the dollar amount, insert the following: ‘‘(insert ‘‘(reduced by $14,000,000)’’. creased by $15,600,000)’’. H.R. 2670 Page 22, line 9, after the dollar amount, in- OFFERED BY: MR. STEARNS Page 54, line 13, after the dollar amount insert the following: ‘‘(reduced by $15,600,000)’’. AMENDMENT NO. 16: Page 110, after line 6, sert ‘‘(reduced by $14,000,000)’’. H.R. 2670 insert the following new title: Page 54, line 19, after the dollar amount insert ‘‘(reduced by $14,000,000)’’. OFFERED BY: MR. MALONEY OF CONNECTICUT TITLE VIII—LIMITATION PROVISIONS Page 88, line 3, after the dollar amount in- AMENDMENT NO. 11: In title I, in the item SEC. 801. None of the funds appropriated in sert ‘‘(increased by $10,000,000)’’. relating to ‘‘DEPARTMENT OF JUSTICE— this Act shall be available for the official en- OFFICE OF JUSTICE PROGRAMS—COMMUNITY tertainment expenses of the Secretary of H.R. 2670 State until Linda Shenwick, a former senior ORIENTED POLICING SERVICES’’— OFFERED BY: MR. TRAFICANT (1) after the third dollar amount, insert executive service level employee of the De- ‘‘(increased by $500,000)’’; and partment of State, (1) is reinstated to her AMENDMENT NO. 19: At the end of the bill, (2) after the fourth and eighth dollar former position as Minister Counselor for insert after the last section (preceding the amounts, insert ‘‘(reduced by $500,000)’’. Resources Management at the United States short title) the following: Mission to the United Nations, (2) is fully re- H.R. 2670 imbursed for all lost wages and expenses in- TITLE VIII—ADDITIONAL GENERAL OFFERED BY: MRS. MEEK OF FLORIDA curred in defending herself from the Depart- PROVISIONS AMENDMENT NO. 12: Page 47, line 19, strike ment of State’s retaliation against her, and SEC. 801. None of the funds made available ‘‘activities;’’ and insert ‘‘activities (of which (3) has her employment files expunged of the to the Department of Justice in this Act $26,000,000 is for community-based organiza- unprecedented and punitive ‘‘Unsatisfac- may be used for the purpose of transporting tions for community outreach in census tory’’ evaluation and the documentation an individual who is a prisoner pursuant to tracts undercounted in the 1990 census);’’. used to support such evaluation. conviction for crime under State or Federal H.R. 2670 H.R. 2670 law and is classified as a maximum security OFFERED BY: MR. GEORGE MILLER OF OFFERED BY: MR. STEARNS prisoner, other than to a prison or other fa- CALIFORNIA AMENDMENT NO. 17: At the end of the bill, cility classified as a maximum security prison or facility. AMENDMENT NO. 13: At the end of the bill insert after the last section (preceding the (preceding the short title), add the following: short title) the following new title: H.R. 2670 TITLE VIII—ADDITIONAL GENERAL TITLE —LIMITATION OFFERED BY: MR. VISCLOSKY PROVISIONS SEC. . Of the amounts made available by AMENDMENT NO. 20: At the end of the bill, this Act, not more than $2,350,000 may be ob- SEC. 801.(a) None of the funds provided under this Act to combat violence in schools insert after the last section (preceding the ligated or expended for the Inter-American short title), the following: Tropical Tuna Commission. in the item relating to ‘‘DEPARTMENT OF JUSTICE—Community Oriented Policing H.R. 2670 TITLE VIII—ADDITIONAL GENERAL PROVISIONS Services’’ may be used to provide funds to a OFFERED BY: MR. OBEY State that has not enacted a law requiring SEC. 801. None of the funds appropriated in AMENDMENT NO. 14: In title II, in the item local educational agencies to expel from this Act may be used to negotiate or other- relating to ‘‘BUREAU OF THE CENSUS—PERI- school for a period of not less than 1 year a wise enter into any suspension agreement ODIC CENSUSES AND PROGRAMS’’, strike ‘‘the student who is determined— under section 734 of the Tariff Act of 1930, entire amount’’ the first and third places it (1) to be in possession of an illegal drug, or with respect to any of the following cat- appears and insert ‘‘of this amount, illegal drug paraphernalia, on school prop- egories of steel products: semifinished, $1,723,000,000’’. erty under the jurisdiction of, or on a vehicle plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, H.R. 2670 operated by an employee or agent of, a local structural shapes and units, pipes and tubes, OFFERED BY: MR. SANFORD educational agency in that State; or (2) to have brought a firearm to a school iron ore, and coke products. AMENDMENT NO. 15: Page 110, after line 6, insert the following new title: under the jurisdiction of a local educational H.R. 2670 agency in that State; OFFERED BY: MR. WU TITLE VIII—OTHER GENERAL PROVISIONS except that the State law shall allow the SEC. 801. None of the funds appropriated in chief administering officer of the local edu- AMENDMENT NO. 21: Page 52, line 19, after this Act shall be available for a United cational agency to modify the expulsion re- the dollar amount, insert the following: ‘‘(in- States assessed contribution for membership quirement for a student on a case-by-case creased by $194,996,950 for the Advanced during calendar or fiscal year 2000 to the fol- basis. Technology Program)’’. lowing international organizations: (b) Nothing in subsection (a) shall be con- At the end of the bill, insert after the last (1) Bureau of International Expositions. strued to prevent a State from allowing a section (preceding the short title) the fol- (2) International Copper Study Group. local educational agency that has expelled a lowing: (3) International Cotton Advisory Com- student from the student’s regular school TITLE VIII—ADDITIONAL GENERAL mittee. setting from providing educational services PROVISIONS (4) International Center for the Study of to the student in an alternative setting and Preservation and Restoration of Cultural the provisions of subsection (a) shall be con- SEC. 801. Total appropriations made in this Property. strued in a manner consistent with the Indi- Act for ‘‘DEPARTMENT OF STATE—Ad- (5) International Institute for the Unifica- viduals with Disabilities Education Act (20 ministration of Foreign Affairs’’ are hereby tion of Private Law. U.S.C. 1400 et seq.). reduced by 5 percent. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, AUGUST 3, 1999 No. 112 Senate The Senate met at 9:30 a.m. and was SCHEDULE AGRICULTURE APPROPRIATIONS called to order by the President pro Mr. HAGEL. Mr. President, on behalf Mr. HAGEL. Mr. President, over the tempore [Mr. THURMOND]. of the leader I wish to announce that weekend in Nebraska, I met with a today the Senate will be in a period of number of agricultural producers about PRAYER morning business until 10:30 a.m. Fol- the current prices in American agri- The Chaplain, Dr. Lloyd John lowing morning business, the Senate culture. Over the last 3 weeks, my staff Ogilvie, offered the following prayer: will resume consideration of the pend- and I have spoken to over 100 agricul- Gracious God, all that we have and ing disaster relief amendment to the tural producers in the State of Ne- are is the result of Your goodness. We Agriculture Appropriations Act. It is braska—hog producers, cattle pro- dedicate this day to counting our bless- hoped that the Senate will be able to ducers, grain producers; and then the ings and naming them one by one all dispose of those amendments today at second rim, the outer rim representing through the hours of this day. We a reasonable hour. As a reminder, the the agricultural community—bankers, praise You for the gift of life. You have Senate will recess today from 12:30 to implement dealers, automobile dealers. given us intellect to know You, emo- 2:15 so that the weekly party con- All had a consistent theme as to what tions to praise You, and determination ferences can meet. As a further re- we must do to direct our attention and to do Your will. You have blessed us minder, a cloture motion on the dairy our effort to dealing with this crisis in with loved ones, families, and friends. compact amendment was filed on Mon- America. And what a privilege it is to live in this day. Therefore, under the provisions of As we begin debate today on the fis- free land of opportunity. Today, help rule XXII, that cloture vote will take cal year 2000 Agriculture appropria- us recount the privileges that we have place 1 hour after the Senate convenes tions bill and on the emergency appro- as citizens and leaders of this Nation. tomorrow, unless an agreement is priation for agriculture, we should Father, we also want to praise You made by the two leaders. keep in mind some important dynam- for the courage and the strength You Prior to the August recess, it is the ics about American agriculture. Lead- provide to face the challenges You give intention of the leader to complete ac- ers of both parties in the Senate com- us as individuals and as a Senate. tion on the Agriculture appropriations mitted last week to including in the Thank You for problems that define bill, the Interior appropriations bill, fiscal year 2000 Agriculture appropria- the next steps of what You want us to and it is also hoped that the conference tions bill an emergency funding meas- do. You have shown us that problems report to the tax reconciliation bill ure to provide the short-term assist- are only the flip side of an undis- will be available for consideration. ance needed for our agricultural pro- covered answer. Our problems give us I thank my colleagues for their at- ducers, and that assistance should in- an opportunity to discover Your power. tention. clude increasing the market transition With everything within us, we praise, f payments—I am confident we will see thank, and glorify You, our God, Sav- legislation to do that—lifting the caps ior, Lord, Provider, and Friend. Amen. RESERVATION OF LEADER TIME on loan deficiency payments, and addi- f The PRESIDING OFFICER. Under tional funding for crop insurance. I the previous order, the leadership time know that part of Freedom to Farm in PLEDGE OF ALLEGIANCE is reserved. 1996 was the commitment to America’s The Honorable GEORGE VOINO- f agricultural producers to, in fact, re- VICH, a Senator from the State of form crop insurance. We are on our MORNING BUSINESS Ohio, led the Pledge of Allegiance as way in that area, but we have not yet follows: The PRESIDING OFFICER. Under arrived at that reform. I pledge allegiance to the Flag of the the previous order, there will now be a Crop insurance is a very key dynamic United States of America, and to the Repub- period for the transaction of morning to the future of American agriculture. lic for which it stands, one nation under God, business not to extend beyond the hour The emergency appropriations bill indivisible, with liberty and justice for all. of 10:30 a.m. Senators are permitted to should include relief for livestock pro- f speak therein for up to 5 minutes each. ducers, and I am confident we will see Under the previous order, the Sen- that in both of the bills that will be RECOGNITION OF THE ACTING ator from Nebraska or his designee is presented today, plus other emergency MAJORITY LEADER recognized to speak for up to 30 min- measures. The PRESIDING OFFICER (Mr. utes. As we address this immediate crisis, VOINOVICH). The Senator from Ne- Mr. HAGEL. Mr. President, I yield we must continue to work on the long- braska, Mr. HAGEL, is recognized. such time as I may require. term priorities. The perspective is

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

S10063

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10064 CONGRESSIONAL RECORD — SENATE August 3, 1999 clear. We have an immediate problem, has more responsibility and account- Why? There are many reasons we can and we will address that immediate ability and opens a market of 1.3 bil- measure. I will state a couple. The Bra- problem. But let us not lose sight of lion people. We need more focus in that zilians and Argentines pay much lower the long-term priorities for American effort. taxes than our American agricultural agriculture. The President must make trade a top producers pay. Second, they have fewer To do that we must focus on the de- priority. He must make trade a top pri- Government regulations to contend mand side of the equation. When I talk ority and then lead. It is not good with. Their Government does not place about the demand side of the equation, enough to say our trade ambassador added burdens on them, not only as I am talking about trade. I am talking will negotiate. The President sets the producers but as marketers. Their Gov- about trade policies that encourage agenda; the President sets the priority. ernment actually helps. Their Govern- market development and the opening Presidents lead. The next President of ment doesn’t stand in the way. We need of new markets for our producers. We the United States is going to be con- to do the same thing. must continue to work for trade and sumed with an immense series of chal- In 1996, we got the Federal Govern- sanctions reform—another critical lenges. The Congress needs to place a ment out of the farmers’ fields. Now we component of the 1996 farm bill. I re- higher priority on working in these need to get the Federal Government off gret to say that Congress and the challenges. the farmers’ backs. President have not done a very good We must fulfill our commitment to In the short term, we must swiftly job in the area of trade and sanctions American agriculture for tax and regu- conclude action on an agricultural ap- reform. We are working on it, but we latory reform. Our national tax policy propriations bill that will provide are a long way from being where we should encourage long-term invest- emergency relief to our commodity and should be. ment in production agriculture that our livestock producers. Over the long For example, it is estimated that helps our current producers stay in term, it is good public policy, domesti- current unilateral sanctions cost the business. cally and internationally, to provide U.S. economy more than $20 billion We must reduce Government regula- for abundant and inexpensive food. We each year. Who do we penalize? Who do tion and cut taxes. There are a number can support that policy by adopting we hurt? We hurt ourselves. We must of things we can do, that we promised prudent Government policies, Govern- stop using agricultural policy as a for- we would do in 1996: ment policies such as trade policies eign policy weapon. Instead, we must Eliminate the estate tax. Our family that encourage market development, extend a strong message to our cus- farmers should not have to sell the policies which create international fi- tomers and competitors around the family farm to pay taxes in order to nancial stability. Here is a very clear example of how world that U.S. agricultural producers keep the farm going. That cuts right to the globe connects, how all 6 billion are consistent and reliable suppliers of the core for our future and for the next people in the world connect. Stability quality and plentiful agricultural prod- generation of farmers; is the base from which we work to help ucts. Provide capital gains tax relief on We need fast track authority for the the sale of the farmland by our pro- develop emerging democracies, market President in order to reach trade agree- ducers, expanding on the exclusion economies, opening new opportunities and new markets. All of our policies ments that will open more markets to given to homeowners in 1997. Eventu- are connected—national defense, for- our agricultural goods and allow our ally, we should abolish capital gains eign policy, trade policy—and producers to compete on a level play- taxes. The Chairman of the Federal Re- ‘‘ground’’ all of our other policies with ing field. serve Board, Alan Greenspan, affirmed an anchor of stability so that the peo- Today we stand in a situation that is his view on that before the Senate ple of the world will have the hope that unprecedented in the last 25 years. This Banking Committee; they must have to have a better world President of the United States has been Create tax-deferred farm and ranch and a better life. It gives all people of without fast track negotiating author- risk management accounts to help ease the world an opportunity to build ity since 1994. Obviously, there has fluctuations in income, thereby giving bridges to each other. been a lack of focus on priority on this our producers another management We need tax policies which encourage issue. Every day the President does not tool; long-term investments in production have the authority to negotiate trade Ensure that farmers and ranchers re- agriculture to help sustain our current treaties and arrangements and deals, ceive the full benefits of the permanent producers. These are the most impor- the European Union is doing it; the income-averaging provisions and not tant ways we can help our farmers and South American trade organization lose them because of the alternative our consumers, our taxpayers, and our Mercosur is doing it; others are doing minimum tax; international trade partners. it. We are not. Do we not understand Obviously, we must eliminate the In the short term, we need to share that we will pay a very significant marriage penalty and provide 100 per- the risks—yes, share the risks—that price, a high price, for being moved out cent deductibility for health insurance from time to time will adversely im- of those markets because we have not premiums. pact farming, such as has been the case placed trade as a high priority? Fast These are real; these connect; they for the last 2 years. We cannot sustain track authority is certainly a very are relevant. They will help American a long-term policy of providing abun- clear example. agriculture; they will help our country. dant and inexpensive food without oc- We must work to break down protec- We must ease the regulatory burdens casionally producing more than the tionist barriers in the next round of on our agricultural producers. The market will absorb in the short term. the World Trade Organization negotia- USDA, the EPA, and other regulatory We cannot control the weather or tions being held this fall in Seattle and agencies hit farmers with dozens of dif- international markets. We need to fac- strongly oppose the European Union’s ferent regulations that tie up their tor in those realities of farming and delay on lifting the ban on hormone- land, they tie up their time, they tie up not act shocked every time this hap- enhanced beef. their capital, and reduce their effi- pens. We should work with China to en- ciency and reduce their profits. To Most agricultural producers I have courage its entrance into the WTO. Do what end? What is the cost-benefit spoken to, not just in the last month we really not understand that it is ratio? but in the last 4 years, 5 years, 10 surely in the best interests of America, Let’s take a real-life example. Two of years, do not believe that the United stability in the world, and new mar- our biggest competitors, Brazil and Ar- States should retreat to the 1980 set- kets for all American products to have gentina, have been gaining in their aside, higher price support policies China in the World Trade Organization, share of the world’s commodity trade, which they believe only extended and not cutting corners but complying with especially in corn and wheat. The Bra- deepened problems of the 1980s and cer- all the necessary criteria to be a mem- zilians and the Argentines are able to tainly would extend and deepen the ber of the WTO? It is in our best inter- make a profit on these crops at prices current crisis. I agree. ests to continue to bring China into re- lower than production costs in the To support production agriculture sponsible organizations where China United States. and sustain the producer base which

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10065 has contributed so much to our eco- health officials dealing with pest con- to show for our efforts this year. The nomic stability and prosperity, we need trol issues to lose the products that Columbine shooting, which focused the to provide short-term support to our help them protect the public. attention of America on violence in our agricultural producers now. The bill my colleagues and I have in- schools, rallied the Senate in a rare bi- Congress needs to pass a realistic and troduced, the Regulatory Openness and partisan fashion to deal with violence a responsible emergency agriculture Fairness Act, makes sure that EPA fol- in schools. We passed the Juvenile Jus- bill. The Congress must act this week. lows what was the intent of Congress 3 tice Act, which had sensible gun con- I yield the floor, and I suggest the ab- years ago. It will lessen the chance trol provisions contained in it, and sence of a quorum. that safe and effective pesticides would tried as well to attack this culture of The PRESIDING OFFICER. The be removed from the market without violence which is becoming more domi- clerk will call the roll. scientific justification; it provides a nant in our society. The legislative clerk proceeded to clear and predictable regulatory proc- If you will recall, it was a tie vote, call the roll. ess based on scientific data; it stream- 50–50. The tie was broken by Vice Mr. HAGEL. Mr. President, I ask lines the process for evaluating new President GORE, the bill passed, it went unanimous consent that the order for pesticides; and it provides Congress over to the House, and was hopelessly the quorum call be rescinded. with facts on how the act, as applied by mired down by the efforts of the gun The PRESIDING OFFICER. Without the EPA, affects agriculture exports. lobby because of their resistance to objection, it is so ordered. We cannot forget that crop protec- any changes in gun control. So we are f tion allows our farmers to produce the here today, the first part of August, with literally nothing to show for this THE REGULATORY OPENNESS AND grains, the fruits, and the vegetables whole issue of school safety. By the FAIRNESS ACT that feed not just our Nation but the world. Unnecessary regulations have a time we return, our kids will be back Mr. HAGEL. Mr. President, last dampening effect on the engine that in school, another school year will week, 20 of my colleagues of both par- has fueled America’s economic growth. have started, and this Congress will ties joined me in introducing the Regu- That engine is called productivity. If have failed to react to a problem that latory Openness and Fairness Act, a the FQPA is not implemented fully and is on everyone’s mind. bill to amend the Food Quality Protec- fairly, based on sound science, we will The second issue, one that continues tion Act to ensure that the EPA used unnecessarily place our agricultural to haunt us, is the issue of the Pa- sound science in its evaluation of pes- producers at a very great competitive tients’ Bill of Rights. Yesterday, I was ticide uses. This legislation is particu- disadvantage in world markets. Pro- in Bloomington, IL, and met with a larly relevant given yesterday’s an- duction prices will increase, produc- group of doctors and nurses at hos- nouncement by the EPA that they will tivity will decrease, and consequently pitals to talk about what is happening ban two important pesticides. our farmers will see their exports de- with health insurance, how families Let me begin by saying that a safe cline. This is hardly the time to be feel so helpless when health insurance food supply is, of course, in everyone’s placing extra, unnecessary burdens on clerks are making decisions that doc- best interests. We all want to ensure America’s farmers. tors should make. When we tried to ad- that our children and American con- This bill is good for both consumers dress it on the floor, sadly, we were de- sumers continue to have access to and agricultural producers. Consumers feated by the health insurance lobby, a abundant, safe agricultural products. It will continue to have safe, affordable, lobby which continues to spend mil- is in the best interests of consumers and abundant agricultural goods and lions of dollars to overcome our efforts and agricultural producers that deci- farmers will continue to have the tools on behalf of patients and families. sions on pesticide uses are based on they need to produce safe, quality food That, again, is another issue with sound scientific analysis—sound sci- products and to compete in the world which we failed to deal. entific analysis. That was the intent of market. Finally, of course, we will be talking the law which passed, with strong bi- In Nebraska, we call that common a lot this week about the tax break as partisan support, 3 years ago. In 1996, sense. I am proud to join my 20 col- well as the whole question of the budg- Congress passed the Food Quality Pro- leagues in a strong bipartisan effort to et. There are many of us who think the tection Act to ensure the safety of our introduce the Regulatory Fairness and action by the Senate last week was not Nation’s food supply. It passed with the Openness Act. a very wise one. We have a chance now, overwhelming support of the agricul- I yield the floor. if our economy recovers and continues tural industry and was seen as a much- The PRESIDING OFFICER. The Sen- to grow, to generate a surplus. Then we needed modernization of laws gov- ator from Illinois. have to decide what to do with it. First erning all pesticide use. Mr. DURBIN. I ask unanimous con- and foremost, I think we should do no As written and signed by the Presi- sent to be recognized in morning busi- harm to this economy. The economy dent, the FQPA requires the EPA to re- ness. moves forward, creating jobs and busi- assess all of the Nation’s pesticides, The PRESIDING OFFICER. Without nesses and new housing starts. Yet using more data, taking more factors objection, it is so ordered. Alan Greenspan, the Federal Reserve into account, and allowing greater f Chairman, warns Congress on a weekly margins of safety. The FQPA also re- basis not to pass the Republican tax quires that these standards be based on LITTLE CONGRESSIONAL cut package, a $800 billion tax cut pri- hard data and sound science, not arbi- ACCOMPLISHMENT marily for wealthy individuals, which trary assumptions or computer models. Mr. DURBIN. Mr. President, we are could fuel the fires of inflation and Under the FQPA, next week the EPA coming to the end of one segment of raise interest rates, jeopardizing home faces its first deadline for announcing this Congress. We are about to break mortgages, business loans, and family its evaluation of some 3,000 uses of pes- for an August recess which is an oppor- farmers, who are trying to stay in busi- ticides. As EPA prepares for its dead- tunity for Members to be back in their ness. line, it has not fully used the sound sci- States and with their families. I am First and foremost, we ought to be entific analysis called for in the 1996 looking forward to that, as I am sure cautioned that Alan Greenspan, who FQPA bill. Instead, the EPA has relied are many of my colleagues. But it is a has no partisan interest in whose ox is on theoretical computer models and good time for us to reflect on what we gored in this battle, has warned us do worst case scenarios in many of these have done and what we have failed to not do it. Second, even when I go home cases. The EPA frequently prefers this do in the last several months. and speak to the most conservative Re- approach, partly as a result of not hav- Each of us is elected with a responsi- publicans in my home State of Illinois, ing the resources or the time to focus. bility to come to Washington and try they say: If you have a surplus, Sen- But this is not what Congress intended to respond to some of the challenges ator, for goodness’ sake, the first thing in 1996. We did not intend for farmers facing families and individuals and you ought to do is get rid of the na- to lose the use of safe and effective pes- businesses across America. I am sad to tional debt, the $5.7 trillion we have ticides. We did not intend for public report as of this moment we have little amassed in debts over the last, well,

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10066 CONGRESSIONAL RECORD — SENATE August 3, 1999 two centuries plus, most of it in the Mr. DURBIN. I would be happy to assuming this Republican tax bill con- last 10 or 15 years. That debt costs us $1 yield to the Senator from California tinues to roll—and from what we can billion a day. All across America we for a question. tell it may well continue to roll right collect payroll taxes and income Mrs. BOXER. I thank the Senator for through—what will have been done will taxes—for what? To pay the interest on crystallizing where we are. When the be bad for Medicare, bad for paying the debt, not to do something good and Senator says we will go home and there down the debt, and threatens this econ- new for this country; not to improve is nothing we can point to, he is right. omy. Just listen to Alan Greenspan. He education or the safety of our streets What happened to the juvenile justice is the one my friends from the other or to build new highways or mass tran- bill and all the sensible gun control side of the aisle have followed very re- sit. No, it is interest on the national measures? Every day we wake up to ligiously. debt. some other horrible incident, and we Suddenly, Alan Greenspan gets up So on the Democratic side, we think are doing nothing to protect our chil- and says: You better not now. Don’t the highest priority, if there is to be a dren and our people from gun violence. stimulate this economy now. You could surplus, is to eliminate that debt. What It strikes me that the same thing hap- threaten recovery. They roll right over legacy do we want to leave to our chil- pened with the Patients’ Bill of Alan Greenspan, and they are going to dren? Wouldn’t it be great to leave Rights—nothing. The kind of sham bill roll right over us. So we are going to them a debt-free America and say to that came across this place and passed go home and probably say they didn’t them: You have it here, the best coun- isn’t going to make any lives better. do what they should have done on juve- try in the world, a history and tradi- But then, it seems to me, when our nile justice, sensible gun control, tion you can be proud of, and you do colleagues on the other side of the aisle HMOs—fighting against them—and not have to pay for the debts of our do something, they do something bad. what they did do threatens this eco- generation. My friend was alluding to it. I just nomic recovery and does nothing for That to me is so basic, so sound, in want to ask a couple questions on that Medicare. It is a bad deal all the way opposition to the concept that we are point. around. somehow going to give tax breaks to Is it not a fact that the tax bill which The PRESIDING OFFICER (Mr. the wealthiest people among us as an we passed did not allocate one slim CRAPO). The time of the Senator has alternative. dime for Medicare? expired. If we are going to do that and reduce Mr. DURBIN. That is a fact. It has Mrs. BOXER. I ask for 1 additional the debt, we can do it in a fashion that been a sad commentary that we know minute. is fair to everyone and do it in a way in the year 2015, if I am not mistaken, Mr. DURBIN. I ask unanimous con- that preserves Social Security and the Medicare system, as we know it— sent for 1 additional minute in morning Medicare. Many senior citizens are not this current system—is going to go business. even aware of the fact the Medicare The PRESIDING OFFICER. Is there bankrupt, be insolvent. Many seniors system is in trouble. Yet it is. They objection? want additional benefits to help them would like to see Medicare expanded, Without objection, it is so ordered. stay healthy and independent, like the as I would, to cover prescription drugs Mr. DURBIN. In response to the Sen- prescription drug program which we and to be even a better program so senator from California, I agree with her. support. When we made an effort on iors can remain healthy and inde- The sad thing is, if we give these tax the floor, in a vote just last week we pendent for a longer period of time. cuts to the wealthiest among us, as could not rally any support from the But, sadly, the Republican approach to proposed by the Republican bill, we are Republican side of the aisle for the pre- this includes no money for Medicare, going to ultimately shortchange, in the no money for Medicare out of this sur- scription drug program so that seniors outyears, some critically important plus. Do you know what that means? can stay independent and healthy. programs for America, such as edu- Seniors who are striving to be inde- That, I think, is a shame. cation. I would like to go home this August pendent and healthy will not get a Think about it. As we go into the 21st and say to seniors and those of us soon helping hand when they should. That is century, with all the demands on our to be in the program: We have done what this budget and tax debate has children, what they need to learn to be something positive. You can live a been about. competitive and succeed is the very Sadly, that is where we find our- longer, more independent, and best educational system. The Repub- selves as we head toward the August healthier life. But we can’t even point licans, with their tax bill to create recess—our failure to enact the juve- to that. Instead, the Republicans sug- shortfalls in spending on education, are nile justice bill to make our schools gest we can give tax cuts to wealthy really shortsighted. safer; our failure to enact the Patients’ people and special tax breaks to cer- So as you look at it, here we stand on Bill of Rights so that people across tain businesses. the third day of August, about to ad- America who have health insurance Mrs. BOXER. I want to pick up on journ at the end of this week, with pre- can believe they have a doctor they can that Medicare question. Because when cious little to point to. We have been trust and a doctor who is making deci- my friend said seniors want to live here for months. We have not listened sions for them and their family; our fuller lives, this is so true. That is to the American people. We have not failure to enact a bill to deal with our where we are now. We have come such responded to them. As we go home, I surplus which is responsible, a bill that a long way with our health research hope that we can build up some bipar- will not jeopardize the economy, a law and with our ability to take certain tisan approach as we conclude this which, in fact, will make sure we re- prescription drugs that help us live year to address safety in schools, the duce our debt and reduce these interest fuller lives; that when we look out into Patients’ Bill of Rights, and a sensible payments which we have to pay; and the future, with the demographic approach to using any budget surplus something that deals with the whole changes that are coming, this is our that is good for the long-term needs of question of the solvency and future of biggest challenge. How do we make America. Social Security and Medicare. sure that when we pass age 60, 65, 70, 75, I thank the Senator from California When I look at this Congress, it is we are living full lives? for joining me on the floor. sad, with all the talent we have on This tax bill turns its back on this Mrs. BOXER. I thank my friend. both sides of the aisle, Republican and whole matter by doing zero for Medi- The PRESIDING OFFICER. Under Democrat alike, that we have been un- care. They can say: Oh, we left a whole the previous order, the Senator from able to come to any conclusion where lot of money over here, and we can pos- Rhode Island, Mr. REED, is recognized we can go home in the month of Au- sibly use it, but the fact is, it is zero for up to 10 minutes. gust and point with pride to what we for something we know is coming down PRIVILEGE OF THE FLOOR have accomplished. the road at us and something that is Mr. REED. I ask unanimous consent Unfortunately, there is little we can very important. that a fellow in my office, Ms. Barbara point to. So it seems to me—and I would just Murray, be granted floor privileges Mrs. BOXER. Will the Senator yield ask my friend to comment; then I will during the pendency of my discussion for a question? yield the floor—that when we go home, on the child care quality incentive bill.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10067 The PRESIDING OFFICER. Without This chart shows farm prices of two It is not just in wheat. You see the objection, it is so ordered. major commodities, wheat and barley, same pattern. This is soybeans. We (The remarks of Mr. REED pertaining for a 53-year period. It really tells the don’t grow many soybeans in North Da- to the introduction of S. 1475 are lo- story. kota. Soybeans are grown further cated in today’s RECORD under ‘‘State- These are inflation-adjusted prices. south and to the east. But you can see ments on Introduced Bills and Joint So we are comparing apples to apples. the same kind of pattern. Resolutions.’’) These are what farmers have been re- Here is the cost of production. Here Mr. REED. Mr. President, I suggest ceiving for these major commodities is what the farmers are receiving. the absence of a quorum. from 1946 to 1999. You can see that the Since 1997, farmers are well below the The PRESIDING OFFICER. The blue line is wheat. Wheat has gone cost of production with respect to soy- clerk will call the roll. from almost $18 a bushel back in the beans. In wheat, the pattern is the The legislative assistant proceeded 1940s to about $2.50 a bushel today—a same, and in soybeans. But there are to call the roll. long-term price decline without many other crops as well that are critically Mr. CONRAD. Mr. President, I ask real interruptions, although we saw a important. unanimous consent that the order for major one back in the 1970s. We all re- This shows what has happened in the quorum call be rescinded. member that period when farm prices corn. The red line again is the price. The PRESIDING OFFICER. Without skyrocketed. But absent that, we have The green line is the cost of produc- objection, it is so ordered. really been in a long-term price decline tion. Since 1997, we have been below f for wheat, barley, and many other com- the cost of production in corn. modities as well. ORDER OF PROCEDURE You can’t stay in business very long I think this chart tells a very impor- in that circumstance. You can’t stay in Mr. CONRAD. Mr. President, I ask tant story because it compares the business very long when you are get- unanimous consent that I may be per- prices farmers receive for what they ting less in terms of a price for your mitted to continue past the hour of sell and the prices they pay for what product than what it costs you to 10:30 in morning business. they buy. produce that product. You can hang in The PRESIDING OFFICER. Is there The green line goes back to 1991 and there a while as you give up equity and objection? shows what prices farmers are paying as you go backwards on your balance Without objection, it is so ordered. for the inputs that they must buy to sheet, but at some point the banker produce crops. You can see that the f comes calling. He says: Mr. farmer, you prices farmers pay have been going up THE FARM CRISIS are out of business. You can’t continue very sharply. On the other hand, prices Mr. CONRAD. Mr. President, I want- to lose equity. that farmers have been receiving went The result has been that we have ed an opportunity to talk about the up to a peak in 1996—interestingly started to lose farm families in my farm crisis that is now facing our coun- enough, right at the time we passed the State in a very dramatic way. Back in try, and certainly facing my State. I last farm bill. In fact, we were told at 1989 we had over 28,000 family farmers represent North Dakota, which is one the time we would see permanently in our State. We can see that we held of the most agricultural States in the high farm prices. That proved to be ab- that in 1990, and in 1991 we saw a drop Nation. There is no question that our solutely wrong. Those permanently of about a thousand farmers. Then, in farmers are facing a crisis of really un- high prices lasted about 90 days. Since 1992, we actually got some recovery. In precedented proportion. then, we have seen a virtual price col- 1993, we dropped down to about 26,000. As I go around my State, every place lapse. that I have a farm meeting, farmers Just as I indicated before, prices Since then, it has been a constant ero- have a sense of hopelessness. One of the farmers have been receiving have been sion, so that now we are down to about reasons is that is happening to farm in- dropping dramatically, and the prices 22,000 family-sized farms in our State. come. I have just come from a hearing for the things they pay have been ris- It is really a dramatic decline in the where the Secretary of Agriculture is ing inexorably. That creates this enor- last 20 years—almost a 20-percent drop. testifying. We were talking there about mous gap between the prices they are Remember what I said. The experts the pattern of farm income. It is very paying and the prices they are receiv- are telling us now that we could see an- interesting, if you back out Govern- ing. That is what has led to that reduc- other 20-percent drop in just the next ment payments, which have been in- tion in farm income I talked about in 18 months—perhaps even more than creasing now in the last several years my initial remarks. This is a crisis by that; perhaps even as much as a 30-per- in response to this economic calam- any definition. cent loss unless we act. ity—in 1996, farm income absent Gov- If we look at what is happening to in- What are the reasons for this? Part of ernment payments was $46 billion. dividual commodities in relationship the reason is the financial collapse in This year farm income, absent Gov- to the prices farmers receive and the Asia and the financial collapse in Rus- ernment payments, is estimated to be actual costs of producing those com- sia because those were major cus- $27 billion. Farm income from the modities, we can see it very clearly. tomers for our farm commodities. But prices that farmers receive for the This is what has happened with re- there are other reasons as well. commodities they sell is in a virtual spect to wheat prices. The green line is I believe one of the key reasons is the free-fall. the cost of production. The red line is budget decisions that were made at the This chart shows headlines from the the prices farmers are receiving for time of the last farm bill. The last newspapers back home talking about their product. You can see the prices farm bill had some strengths to it, what is happening to farm prices. The farmers receive are far below the costs some pluses. The biggest strength, I be- first one is from the major paper in our of producing the product. That is what lieve, is the flexibility it provided to State: ‘‘Going down, down, down. has led to this cash flow crunch. That farmers to plant for the market rather USDA sees lower prices for wheat, is why farmers are telling us: If you do than a farm program. But we also made corn, soybeans, and other major not take dramatic action, tens of thou- some budget decisions at the time that crops.’’ sands of us are going to go out of busi- made it very difficult to write any kind Another major story: ‘‘Lower crop ness. of reasonable farm bill. prices predicted.’’ In my State, the estimates are that This chart shows what I am talking Again, the story is the same—col- we will lose 20 or 30 percent of our about. It shows the resources that were lapsing farm prices. farmers in the next 18 months unless provided to agriculture under the pre- Farmers have been hurt by more we act. Let me repeat that. In North vious farm bill. That averaged $10 bil- than low prices. They have been hurt Dakota, we are being told by the ex- lion a year. The new farm bill provided by what I call the ‘‘triple whammy’’ of perts at the State university and major $5 billion a year. In other words, the bad prices, bad weather, and bad pol- farm organizations that unless we act support for agriculture was cut in half icy. we will lose 20 to 30 percent of the at the time of the last farm bill. The bad prices are right at the heart farmers in my State in the next 18 That has special implications be- of what is causing this farm collapse. months. That is a crisis. cause if we look at what was happening

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10068 CONGRESSIONAL RECORD — SENATE August 3, 1999 with our major competitors, we see be a cease-fire. They believe there will usual response. But it is not going to that they were doing something quite be a cease-fire in place, and they want work in agriculture. Farmers in West differently. While we were dramati- to occupy the high ground. The high Virginia, in Delaware, and in Maryland cally cutting our support for producers, ground is market share. He is right. cannot go out and paint a crop. That our European competitors—our major That is the high ground. We are headed will not do the job. The fact is, they competitors—were maintaining very into negotiations with them this fall, don’t have a crop. high levels of support. The Europeans and we have no leverage. How will we In my part of the country it is not were spending, on average, $44 billion a possibly get a good result when they drought; it is overly wet conditions, 5 year—on average, $6 billion for us. This have America outspent 7 to 1 in overall and 6 years of incredibly wet condi- is from 1996 to 1999, just those 3 years. support, 60 to 1 in export subsidies? tions. You cannot even get into the You can see that the Europeans really How are we going to win that negotia- fields to plant. There has to be a dis- have us whipsawed. They are out- tion? What is our leverage to change aster response. It has to deal with the spending us seven to one. They are win- this relationship? There is no leverage. bad weather. It has to deal with these ning their competition the old-fash- We are going to lose unless we do some- ruinously low prices. Yes, it has to deal ioned way. They are buying these mar- thing. with the bad policy of putting our kets. That is what the Europeans are I personally believe we have to rearm farmers at a severe disadvantage to up to. in agriculture, to put more resources their European competitors. Unfortunately, we are engaged in into the fight, to send the Europeans a We are telling our farmers: Go out unilateral disarmament. We are cut- clear and unmistakable message that there and compete against the French ting in the face of massive superiority the United States is not going to roll farmer, the German farmer; and while on the other side. One of the chief over; we are not going to surrender; we you are at it, take on the French and trade negotiators for the Europeans are not going to wave a white flag and German Governments as well. That is told me several years ago: Senator, we turn over world agricultural trade to not a fair fight. We have to help level believe we are in a trade war in agri- them; we will insist on a level playing the playing field. culture. We believe at some point there field. Yes, there has to be a disaster re- will be a cease-fire. We believe there In the last trade negotiation, that sponse, absolutely. But there has to be will be a cease-fire in place, and we gap existed as well. The Europeans more than that. There has to be a long- want to occupy the high ground. The have a much higher level of support term policy response. We have to be high ground is market share. than we have. Did that gap close? Did able to say to our European competi- That is exactly what they are up to. our level of support go up? Did the Eu- tors that the United States is not going And how well it is working. They have ropean level go down? Did the gap to roll over; we are not going to sur- gone, in 20 years, from being major im- close? No, it did not. Instead, we got render; we are not going to give up the porters to being major exporters. In equal percentage reductions on both agricultural markets; we intend to fact, they have surpassed the United sides from an unequal base, leaving the fight. States in terms of agriculture exports. Europeans in the superior position. That is why I have introduced legis- One of the ways they have done it is to If we look back at the last trade ne- lation we call the Fight bill, Farm In- spend enormous sums of money to put gotiation, we got a 36-percent reduc- come and Equity Act, to level the play- themselves in a position of superiority. tion in export trade subsidy and a 24- ing field. If the Europeans are going to This chart shows how the European percent reduction in internal support play the game this way, we will play it Union is flooding the world with agri- on both sides. But the Europeans were that way. We will fight back. We will cultural export subsidies. This is the at a much higher level. When there are put our farmers in a place that they European share of world agricultural equal percentage reductions from un- can compete. That is fair. That puts us export subsidies, accounting for nearly equal bases, the Europeans remain in a in a position to go to the next trade 84 percent of all world agricultural ex- superior position. It does not take a talks and have a chance to come out port subsidies; the United States’ whole lot to figure out that if we con- winners rather than losers. share, this little red piece of the pie, is tinue that pattern of equal percentage Mr. COCHRAN. Will the Senator 1.4 percent. They are outgunning the reductions from an unequal basis, we yield? United States 60 to 1. will continue to leave the Europeans in Mr. CONRAD. I am happy to yield to It is no wonder farm income is de- a superior position; we will continue to the Senator. clining. It is no wonder exports are de- leave our farmers at a competitive dis- Mr. COCHRAN. I don’t recall when clining. It is no wonder our farmers are advantage; we will continue to sign the the Senator began talking, but we were under enormous pressure. They are death warrant of tens of thousands of to go back on the bill at 10:30. I under- under enormous pressure because our family farmers. stand we are not on the bill. I was European friends have a plan and a That is the hard reality of what we going to ask if the Senator would yield strategy to dominate world agricul- confront. We have before the Senate a for that purpose. tural trade. Again, they are doing it disaster response. It is clearly called Mr. CONRAD. I am happy to yield. I the old-fashioned way: They are buying for. It is clearly necessary to meet this just reached the conclusion. these markets. They think the United collapse of farm income and to meet I am happy to yield with the con- States is asleep. They think we will these adverse weather conditions. cluding thought that we do need to re- not fight back. They have told me: With respect to weather, in my State spond. We need to respond to this dis- Senator, we think you are so pros- there are 3 million acres of land not aster emergency. We also need to re- perous in so many other areas, you will even planted this year. There are mil- spond with a longer-term policy give up on agriculture. lions more planted very late because of change. So far, we are proving them right. We overly wet conditions. It may sound I yield the floor. are engaged in unilateral disarmament strange out here on the east coast. I f in a trade confrontation. We would saw a story in an east coast newspaper never do it in a military confrontation. that in one location they are out paint- CBO COST ESTIMATE—S. 244 Why are we doing it? Why are we giving the grass green because of the Mr. MURKOWSKI. Mr. President, on ing up and letting them dominate drought. We can’t paint a crop; we July 30, 1999, I filed Report 106–130 to world agricultural trade? What are the can’t go out and paint wheat and some- accompany S. 244, the Lewis and Clark implications this fall when we go to ne- how make it healthy. We can’t paint Rural Water System Act of 1999, that gotiate with them? I can tell you what corn. It doesn’t work. Maybe one can had been ordered favorable reported on I believe the implications are. I believe paint a lawn. I have never seen that July 28, 1999. At the time the report we are headed for a guaranteed loss. done. It sounds rather bizarre to me, was filed, the estimate by the Congres- I was referring to the trade nego- but that is what they were doing in sional Budget Office was not available. tiator for the Europeans saying to me New Jersey the other day. They were The estimate is now available and con- they believe we are in a trade war. painting the lawn green, trying to re- cludes that enactment of S. 244, which They believe at some point there will spond to this drought. That is an un- authorizes the appropriation of $244

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10069 million to the Department of the Inte- Falls. The city would be required to pay 50 HOLOCAUST SURVIVORS’ ASSETS rior to make grants to the Lewis and percent of that cost. Any State or local gov- Mr. ABRAHAM. Mr. President, I rise ernments choosing to participate in the Clark Rural Water System, would cost today to discuss the Holocaust Era As- $62 million over the 2000–2004 period, project authorized by this would do so on a voluntary basis, and any cost that they sets Tax Exclusion Act amendment to with the rest of the authorized spend- might incur would be accepted by them on the Taxpayer Relief Act of 1999. I am ing coming after 2004. I ask unanimous that basis. pleased that this amendment was consent that a copy of the CBO esti- Estimated Impact on the Private Sector: cleared on both sides of the aisle and mate be printed in the RECORD. This bill contains no new private-sector has been accepted by the full United There being no objection, the mate- mandates as defined in UMRA. States Senate. The passage of the rial was ordered to be printed in the Estimate Prepared by: Federal Costs: Kim Abraham-Fitzgerald-Moynihan-Schu- RECORD, as follows: Cawley (226–2860); Impact on State, Local, mer Holocaust Era Assets Tax Exclu- and Tribal Governments: Marjorie Miller sion Act amendment by unanimous U.S. CONGRESS, (225–3220). CONGRESSIONAL BUDGET OFFICE, Estimate Approved by: Paul N. Van de consent, demonstrates beyond shadow Washington, DC, August 2, 1999. Water, Assistant Director for Budget Anal- of a doubt the United States Senate’s Hon. FRANK H. MURKOWSKI, ysis. firm solidarity with those who suffered Chairman, Committee on Energy and Natural during the Holocaust. In addition, I Resources, U.S. Senate, Washington, DC. would like to offer my sincere grati- DEAR MR. CHAIRMAN: The Congressional f Budget Office has prepared the enclosed cost tude to Chairman ROTH for his leader- estimate for S. 244, the Lewis and Clark TRIBUTE TO CAPTAIN JENNIFER ship and support during this process, Rural Water System Act of 1999. SHAFER ODOM without which we might not have had If you wish further details on this esti- this opportunity to pass such impor- mate, we will be pleased to provide them. Ms. MIKULSKI. Mr. President, it is tant legislation. The CBO staff contact is Kim Cawley, who with great sadness that I rise to pay The passing decades have not ob- can be reached at 226–2860. tribute to the life of Captain Jennifer scured the horrors of the Nazi regime Sincerely, Shafer Odom. She died on a mountain- and the horrors it committed during BARRY B. ANDERSON side in Colombia—where she was de- its 12 years in power. Many people in (For Dan L. Crippen, Director). fending our Nation and our values. America and around the world live Enclosure. This morning, her grieving family is every day with memories of atrocities S. 244.—Lewis and Clark Rural Water System at Dover Air Force Base—to bring their they suffered during this terrible time. Act of 1999 daughter home for the last time. Rounded up, placed in ghettoes or Summary: S. 244 would authorize the ap- On July 23, Captain Odom was on an death camps, left to starve or tortured propriations of $224 million to the Depart- Army reconnaissance plane that was and murdered, millions had their lives ment of Interior (DOI) to make grants to the Lewis and Clark Rural Water System for the flying near a major drug-producing re- taken from them, figuratively and lit- construction of a drinking water supply gion of Colombia. During bad weather, erally. project. The Lewis and Clark Rural Water the plane crashed into a mountain- We must never forget these atroc- System is a group of cities and rural areas in side—killing the five Americans and ities. Thanks to the hard work of southeastern South Dakota, northwestern two Colombians on board. These brave many, particularly within the Jewish Iowa, and southwestern Minnesota. CBO esti- soldiers were casualties in our war community, we have numerous remind- mates that implementing S. 244 would cost against drugs. They were fighting to ers of this inhumanity which can and $62 million over the 2000–2004 period, with the keep drugs off our streets and out of should increase our awareness and our rest of the authorized spending coming after commitment to preventing any such 2004. our schools. They know that this is essential to our national security and events from occurring ever again. But Enactment of this bill would not affect di- there is more that we must do. Only re- rect spending or receipts; therefore, pay-as- our national values. you-go procedures would not apply. The bill Captain Odom grew up in Brunswick, cently has public attention been prop- contains no intergovernmental or private- Maryland. She was a valedictorian at erly directed toward another great sector mandates as defined in the Unfunded Brunswick High School. She was active crime of the Nazi regime and those who cooperated with it: the systematic Mandates Reform Act (UMRA). State and in so many areas—from sports to the- local governments might incur some costs as looting of Jewish economic assets. In ater. a result of the bill’s enactment, but these addition to committing outright theft As a scholar, an athlete and a lead- costs would be voluntary. and looting, the Nazis seized liquid as- er—it’s not surprising that she chose to Estimated Cost to the Federal Govern- sets that could be converted easily into attend the U.S. Military Academy at ment: The estimated budgetary impact of S. cash, such as insurance policy proceeds 244 is shown in the following table. The costs West Point. She wanted to use her of this legislation fall within the budget and bank accounts. Documents discov- many talents to serve her country. ered over the past several years show function 300 (natural resources and environ- She graduated from West Point in ment). that the Nazis specifically targeted in- the top quarter of her class. She served surance policies held by Jews as a SPENDING SUBJECT TO APPROPRIATION in the United States Army with valor source of funding for their expan- and distinction—raising to rank of sionist, totalitarian regime. By fiscal year, in millions of Captain. dollars I am sorry to say that some insur- But it is not just for her accomplish- ance companies also specifically (and 2000 2001 2002 2003 2004 ments that she will be missed. I’ve spo- illegally) targeted Jewish families. Authorization Level...... 224 0 0 0 0 ken to her family several times in the Knowing that Jewish policy holders Estimated Outlays...... 1 2 9 25 25 past few days. What comes across is soon would be taken to concentration their pride in the kind of person that camps, these firms sold specifically tai- Basis of Estimate: For purposes of this es- she was. She was so dear to her friends lored policies, taking as much cash as timate, CBO assumes that the full amount of and neighbors that the entire commu- possible up front, with no intention of the authorization will be provided in 2000. We nity joined in a prayer chain to pray estimated the annual amount of spending on honoring their obligations. this drinking water system construction for her and for her family. After the war, Holocaust survivors project using information from the local Captain Jennifer Shafer Odom served struggling to restart their lives tried water system and historical spending rates our country with distinction. Her cour- to collect on their policies, access their for similar projects. Completion of this age and her sacrifice remind us that bank accounts and/or reclaim assets project is expected to take about 12 years. our freedom abides in the heroism of that had been illegally seized from Pay-as-You-Go Considerations: None. pilots like Captain Odom. them. Unfortunately, governments, Estimated Impact on State, Local and Her death was a tragedy—but her life banks, and insurance companies failed Tribal Governments: S. 244 contains no intergovernmental mandates as defined was a triumph. She leaves behind a to fulfill their duty to treat Holocaust UMRA. The bill would require that the non- grieving husband, and her heartbroken victims with justice and dignity. In- federal share of project costs equal 20 per- parents. I ask my colleagues to join me stead, they refused to honor policies or cent, except for the incremental cost of par- in keeping Captain Odom and her fam- return stolen assets. In this way, sur- ticipation in the project by the city of Sioux ily in our prayers. vivors of the Holocaust were victimized

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10070 CONGRESSIONAL RECORD — SENATE August 3, 1999 twice, first by the Nazis, then by the fi- killing and horribly injuring civilians make landmines self-destruct or self- nancial institutions that deprived and NATO peacekeepers indiscrimi- deactivate after a short period of time. them of their assets. nately as they work to rebuild what Why can’t that same technology— Today, after over 50 years of injus- was destroyed in the war. usually a simple battery that runs out tice, Holocaust survivors and their The threat is unexploded ordnance, after a few hours—be applied to cluster families are finally reclaiming what is and in Kosovo that means landmines bombs? It needs to be done. rightfully theirs. It is high time these left by the Serbs and the Kosovo Lib- Second, the Pentagon should revisit victims of oppression finally got back eration Army, and cluster bombs its rules of engagement for using clus- some of the property stolen from them. dropped by NATO forces, mostly by ter bombs. In Kosovo, NATO showered It also is time, in my view, that the American aircraft. cluster bombs over densely populated rest of us stood up to protect them I have often spoken about the prob- areas. Was this militarily necessary or from further raids on their assets. lem of landmines. There are tens of justified? Was it consistent with inter- Under current law, any money received thousands of them scattered in the national law? by Holocaust survivors in their settle- fields, forests, and roads of Kosovo. Since too often they miss the target, ments with banks and other organiza- Each one is designed to blow the legs what limits should be imposed on tions that once cooperated with the off the unsuspecting person who trig- where and when cluster bombs can be Nazis is treated as gross income for gers it. Usually it is a farmer, or child, used so the innocent are not harmed? federal tax purposes. And that’s just or some other innocent person trying These questions need answers. plain wrong. to rebuild a normal life. The United I am not the only one concerned My colleagues and I offer this amend- States is helping to clear the mines, about this. The same concerns have ment to prevent the federal govern- but it is a tedious, costly, and dan- been conveyed to me by active duty ment from imposing income tax on any gerous job. and retired members of our Armed settlement payments, received by Hol- But even more than landmines, it is Forces. Just recently, the House ocaust survivors or their families re- unexploded cluster bombs which pose Armed Services Committee included sulting from a Holocaust claim. We do the greatest danger to civilians and language in its report accompanying so because we feel it is morally impera- NATO peacekeepers in Kosovo. the fiscal year 2000 National Defense tive that we stand with the victims of Cluster bombs are a favorite anti- Appropriation Act, which directs the this injustice, and that this nation not personnel weapon of the U.S. military, Secretary of Defense to establish a de- treat as income what is in fact the re- and hundreds of thousands of them fense-wide program to develop afford- turn of what had been stolen. were dropped by NATO planes over able, reliable self-destruct fuses for Specifically, our amendment would Kosovo. They cover wide areas, are de- munitions. allow a Holocaust survivor or the sur- signed to explode on impact, and they I see a real problem, and countless viving heirs to receive a tax exemption spread shrapnel in all directions. tragedies, resulting from the way these for any monies received as payment re- People and lightly armored vehicles sulting from a Holocaust claim from munitions are designed and used. We are the usual targets, but since cluster can do better. any international fund for survivors. bombs are often dropped from high al- This would include settlements from There is always too much death and titudes they often miss the target. the action ‘‘In re Holocaust Victims’ destruction in any military conflict. Not only do they too often miss the Asset Litigation’’ or any other similar The lingering threat of landmines and target, between 5 and 20 percent of lawsuit, including actions already set- unexploded bombs can be significantly cluster bombs do not explode on im- tled. reduced. If implemented, the changes I Also included would be the value of pact. According to the State Depart- have suggested could save many inno- any land recovered from a foreign gov- ment, there may be as many as 11,000 cent lives in the aftermath of war. ernment as a result of a settlement of these deadly bomblets currently Mr. President, I ask unanimous con- arising out of the illegal confiscation lying on Kosovo soil, waiting for some- sent that a brief article and a letter to of such land in connection with the one, anyone, to walk or drive by and the editor about cluster bombs that ap- Holocaust. set them off. peared in the August 3 Washington The victims of the Holocaust have Unlike landmines, their location can- Post, be printed in the RECORD. suffered far too much for any such tax- not be accurately mapped. We do not There being no objection, the mate- ation to be just. These settlements rep- know where they are. Like landmines, rial was ordered to be printed in the resent but a fraction of what is owed to it is the victim who pulls the trigger. RECORD, as follows: those who suffered under Nazi tyranny. The usual victims of these explo- [From the Washington Post, August 3, 1999] sions, like landmines, are innocent ci- To treat them as income subject to THE REMAINS OF WAR taxation would be to add a new injury vilians, not military targets. And they remain active for years. In Laos, where U.S. warplanes dropped 1,100 cluster bombs to the old. during Operation Allied Force against Yugo- Mr. President, we cannot undo the millions of United States cluster slavia, says the Defense Department. Each evil acts of the Nazi regime. But we bombs were dropped during the Viet- contained 202 bomblets. That’s 222,200 can put ourselves firmly on the side of nam war a quarter century ago, people bomblets each. With a dud rate of 5 percent, those who suffered so unjustly by pass- are still losing their lives, their limbs, it is likely, a DOD spokesman said, that ing this amendment. By excluding Hol- and their eyesight from these weapons. about 11,110 bomblets are sitting around ocaust settlement monies from tax- Cluster bombs do not discriminate. unexploded. ation, we will show that we understand NATO peacekeepers are not immune. DUDS KEEP ON KILLING what justice demands of us as we face Children are not immune. Approxi- the continuing consequences of an un- mately 5 Kosovars each day are killed The problem of high dud rates in cluster bombs has been well known to the military just regime. by unexploded ordnance, mostly U.S. cluster bombs. Over 170 people have for years. The 5 percent dud rate mentioned f in ‘‘NATO ‘Duds’ Keep Killing in Kosovo’’ died this way since the war ended. KOSOVO’S DEADLY LEGACY [front page, July 19] must be characterized Even though we have known about as more of a prayer than a fact: Dud rates Mr. LEAHY. Mr. President, as NATO this problem for decades, little has among cluster munitions were as high as 30 soldiers struggle to keep the peace in been done to try to minimize the harm percent during the Vietnam War. Dud rates Kosovo, war crimes investigators labor to civilians from cluster bombs. during the Gulf War were as high as 20 per- to identify and exhume bodies from Recently, to its credit, the Pentagon cent. hundreds of mass graves, and the cost- began studying this problem. There are Laos remains littered with millions of duds ly effort to rebuild homes and commu- two things that could and should be in unmarked minefields. They continue to done immediately. kill farmers who strike them with imple- nities gets underway, we are seeing a ments and children who mistake them for repeat of many of the challenges that First, we need to significantly reduce toys. Many young victims’ parents were not confront any post-conflict society. or eliminate the problem of dud cluster even born when the United States dropped One I want to mention today is a bombs that remain active and dan- these weapons in unprecedented numbers. threat that is hidden among the debris, gerous. We have the technology to The grandchildren of Kosovars and Serbs

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10071 alike will die as they discover unexploded computers they do have are so old and In addition, this amendment would bombs in the future. outdated that they cannot run the require that donated computers include The military was aware of how attractive most basic software or even access the an installed operating system. Sophis- these ‘‘bomblets’’ are. Numerous similar stories came out of the Gulf War explaining Internet. One of the more common ticated hardware can be easily dam- that the brightly colored and appealing computers in our schools today is the aged during transport or even when the shapes made unexploded cluster bombs irre- Apple IIc, a model so archaic it is now donating company’s private files and sistible to child and soldier alike. on display at the Smithsonian. documents are removed. Without the These weapons should be banned from the Mr. President, the problem is even operating system, it could be weeks be- U.S. arsenal and arsenals around the world.— worse for those already disadvantaged. fore the school is aware of any prob- VIRGIL WIEBE. A recent Commerce Department re- lems concerning the donation. Further, f port, Falling through the Net: Defining inclusion of an operating system will THE NEW MILLENNIUM the Digital Divide’’ shows a growing di- ensure that students can begin using CLASSROOMS ACT vide between technological haves and the machines as soon as they are Mr. ABRAHAM. Mr. President, I rise have-nots. Among the study’s findings: plugged in, without further burdening today to discuss the New Millennium The gap between white and black/His- school budgets with the added pur- Classrooms Act amendment to the Tax- panic households with incomes between chasing costs of an operating system payer Relief Act of 1999. I am pleased $15-$35,000 per year has increased, from and license. that this amendment was cleared on 8% five years ago to 13% today. This amendment has been endorsed both sides of the aisle and has been ac- Households with annual incomes of by: the National Association of Sec- cepted by the full United States Sen- at least $75,000 are more than 20 times ondary School Principals, Microsoft, ate. The passage of the Abraham- as likely to have Internet access than The Information Technology Industry Wyden New Millennium Classrooms households at the lowest income levels. Council, The National Association of Act amendment by unanimous consent, All this points up the need to encour- Manufacturers, The Technology Train- demonstrates beyond shadow of a age access to the Internet from coming Tax Credit Coalition, 11 senior ex- doubt that the United States Senate is puters outside the home. Access trans- ecutives of leading technology compa- firmly committed to bringing quality lates into usage, then experience and nies and venture capital firms, The Na- high technology to schools and seniors. knowledge. Bringing high technology tional Association of State Univer- This provision will go a long way to- to schools, especially schools in eco- sities and Land Grant Colleges, ward ensuring our nation’s techno- nomically disadvantaged areas, and TechNet, and the United States Cham- logical and economic leadership in the senior centers will provide students ber of Commerce. New Economy. and seniors the opportunity to succeed All of these organizations agree that First, I would like to take this oppor- in the next millennium that they this amendment will provide powerful tunity to thank the Chairman for his might not have had otherwise. tax incentives for businesses to donate leadership and support during this The Detwiler Foundation, an organi- high-tech equipment to our classrooms. process, without which we might not zation with unparalleled status as a Mr. President, without duly increas- have had this opportunity to pass such facilitator of computer donations to K– ing federal expenditures or creating yet important legislation. In addition, I 12 schools nationwide, estimates that if another federal program or department would like to express my thanks to just 10 percent of the computers taken this amendment will give all our chil- Senator WYDEN who has worked closely out of service each year were donated dren an equal chance to succeed in the with me to develop this strong legisla- to schools, the national ratio of stu- new millennium. tion which would bridge the digital di- dents to computers would be brought I yield the floor. vide between technological haves and down to five to one, or even less. f have-nots, ensuring that all our na- Mr. President, this amendment, DR. GERALD WALTON, RETIRED tion’s students, and seniors, enjoy ac- through tax incentives, would increase UNIVERSITY OF MISSISSIPPI cess to quality technology and the the amount of computer technology do- PROVOST Internet. nated to schools. When I first introduced this legisla- Our amendment would do the fol- Mr. LOTT. Mr. President, today I tion, I was joined by Senators WYDEN, lowing: want to honor a man of integrity, per- HATCH, KERREY, COVERDELL, DASCHLE, First, allow a tax credit equal to 30 severance, intellect, and dedication. JEFFORDS, LIEBERMAN, ALLARD, GOR- percent of the fair market value of the Dr. Gerald Walton recently retired TON, BURNS, and MCCONNELL. Like me, donated computer equipment, includ- from my alma mater, the University of they believe it will encourage compa- ing computers, peripheral equipment, Mississippi. Dr. Walton has served Ole nies and individuals to donate more software and fiber optic cable related Miss for nearly forty years in several computers to schools, helping these in- to computer use, generally, and a 50 capacities ranging from a part-time stitutions train kids for jobs in the percent credit for donations made English instructor in 1959 to the posi- fast-growing high technology sector of within designated empowerment zones, tion of Provost from which he is retir- our economy. Since then we have been enterprise communities, and Indian ing. joined by 14 additional colleagues from reservations. Increasing the amount of Born and raised in Neshoba County, both sides of the aisle. the tax credits for donations made to Mississippi, Dr. Walton has been a Mr. President, our kids must be pre- schools and senior centers in economi- great servant of higher education in pared for the jobs of the 21st century, cally-distressed areas will increase the Mississippi. He graduated from the which requires training and experience availability of computers to the chil- University of Southern Mississippi in with computers and the Internet. Un- dren and seniors who need them most. 1956 with a degree in English. He then fortunately, not enough schools have Second, increase the age limit to in- attended Ole Miss, where he obtained the equipment they need to teach the clude equipment three years old or his master’s degree and then his doc- essential skills our kids and our nation less. Many companies update their torate. Dr. Walton’s next step was a need to keep our economic future equipment every 3 to 5 years. Yet three stint as a teaching assistant. Once he bright. year old computers equipped with Pen- got his foot in the door, he quickly Education Secretary Riley recently tium-based or equivalent chips have gained the respect of his colleagues and testified before the Joint Economic the processing power, memory, and began to move up in the ranks. He has Committee, saying that he expects us graphics capabilities to provide suffi- demonstrated exemplary commitment to see 70 percent growth in computer cient Internet and multi-media access to public education. and technology-related jobs in the next and run any necessary software. In addition to managing the demands six years alone. In less then six Third, expand the pool of eligible do- of a career in academia, Dr. Walton has months, 60 percent of all jobs will re- nors. By expanding the number of do- been dedicated to his family. He has al- quire computers. nors eligible for the tax credit we can ways put his wife and three daughters However, Mr. President, our class- increase the number of computers first. I am envious of all the free time rooms have too few computers. And the available as well. he will have for his four grandchildren.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10072 CONGRESSIONAL RECORD — SENATE August 3, 1999 Mr. President, Dr. Walton has stood Ten years ago, August 2, 1989, the down in South Carolina for this festive the test of time. He has adjusted to the Federal debt stood at $2,815,326,000,000 occasion of opening day, but duty calls. many changes Ole Miss and our society (Two trillion, eight hundred fifteen bil- Although I can’t be there physically, have experienced. Dr. Walton has al- lion, three hundred twenty-six mil- they all know that I’m there in spirit. ways stood by his principles of right lion). And as hard as I have worked in the and wrong, which were first profes- Fifteen years ago, August 2, 1984, the past for them, they can expect me to sionally tested in 1962. He was one of Federal debt stood at $1,555,562,000,000 work even harder to ensure farmers only a handful of faculty who publicly (One trillion, five hundred fifty-five and their communities remain eco- supported James Meredith and the in- billion, five hundred sixty-two mil- nomically sound. tegration of Ole Miss. Several members lion). f Twenty-five years ago, August 2, 1974, of the faculty advised him not to sign TRIBUTE TO DR. RUDOLPH E. the Federal debt stood at a letter of support, but as Dr. Walton WATERS would say, ‘‘I felt it was the right thing $475,930,000,000 (Four hundred seventy- for me to do.’’ His character was chal- five billion, nine hundred thirty mil- Mr. LOTT. Mr. President, I want to lenged early and he passed with flying lion) which reflects a debt increase of pay tribute to a great educator who has colors. more than $5 trillion— fought diligently on behalf of all Mis- Dr. Walton’s abilities and personal $5,150,622,692,300.04 (Five trillion, one sissippi students. demeanor have made him one of the fa- hundred fifty billion, six hundred twen- Dr. Rudolph E. Waters has been em- vorite administrators on campus, a ty-two million, six hundred ninety-two ployed at Alcorn State University, the fact which is evidenced by his holding thousand, three hundred dollars and nation’s oldest historically black land- several leadership positions during his four cents) during the past 25 years. grant institution since 1957. Over the past 40 years, Dr. Waters has worked tenure at Ole Miss. He has been de- f scribed as modest and deeply prin- tirelessly to improve education stand- TOBACCO MARKETS IN SOUTH cipled. Often, Dr. Walton has been the ards. CAROLINA While at Alcorn State, Dr. Waters one who carried the responsibility and has served as Dean of Students, Dean made crucial decisions, but he shies Mr. HOLLINGS. Mr. President, I rise today to discuss the opening of the 1999 of Instruction, Coordinator of Title III from the spotlight, and allows others Programs, Vice President, Interim to be recognized and applauded. Today, tobacco marketing season in my home state of South Carolina. According to President, and Executive Vice Presi- we applaud Gerald Walton. dent. In 1964, while serving as Dean of Mr. President, at Ole Miss, Dr. Wal- the U.S. Department of Agriculture, Instruction, he was a participant in the ton has proven himself to be multi-tal- the United States is one of the world’s Institute for Academic Deans at Har- ented. He has served the University as leading producers of tobacco. It is second only to China in total tobacco pro- vard University. a teaching assistant, Assistant Pro- Born in Brookhaven, Mississippi, duction. Tobacco is the seventh largest fessor, the Director of Freshman Waters received his B.S.C. from DePaul U.S. crop, with over 130,000 tobacco English, the Associate Dean and Dean University in 1954. After studying for farms in the United States. of Liberal Arts, Associate Vice Chan- his master’s degree at Boston Univer- In South Carolina, tobacco is the top cellor for Academic Affairs, Interim sity and doing a stint at Southern Illi- cash crop, worth about $200 million an- Chancellor, and finally in the position nois University, he received his Doc- nually. It also generates over $1 billion of Provost. In each of his positions, Dr. torate of Philosophy from Kansas in economic activity for my state. To- Walton has been the type of leader for State University in 1977. whom every one of his students and bacco production is responsible for His professional affiliations include colleagues would do most anything. more than 40,000 jobs on over 2,000 the American Association for Higher Other contributions on his long list of farms and continues to account for Education, the National Association of accomplishments are the roles he about one-fourth of all crops and Collegiate Deans and Registrars, Phi played in organizing the first Faulkner around 13 percent of total crop and Delta Kappa, Delta Mu Delta, and the and Yoknapatawpha Conference and livestock agriculture in South Caro- National Society for the Study of Edu- the Oxford Conference for the Book. lina. cation. Mr. President, Dr. Walton is not one It has been a hard couple of years for Dr. Waters has worked with youth of to brag on himself, but never thought tobacco farmers in my state. Last year, all ages. He has been a member of the twice about bragging on the University a settlement between the State Attor- Commission on School Accreditation; or his colleagues. I am pleased to have neys General and five tobacco compa- the Commission of Interinstitutional the opportunity to honor such a denies was completed. This settlement Cooperation for Alcorn State Univer- serving individual. I trust that the has created insecurity in these farm- sity and Mississippi State University; Senate will join me in congratulating ers’ lives, as well as in their commu- and a member of the board of directors Dr. Gerald Walton on his retirement nities. Once again tobacco quota was for several organizations including the from a distinguished career at the Uni- cut this year. The cut was 17 percent, Andrew Jackson Council of the Boy versity of Mississippi. My dear friend, which means that these farmers have Scouts of America, the University Chancellor Robert C. Khayat, said it seen their quota reduced by 35 percent Press of Mississippi and the National best when he was speaking of Dr. Wal- over the last 2 years. Commission for Cooperative Edu- ton. He said, ‘‘Truly, Gerald Walton In recent years, we have seen a rise cation. can move into the next phase of his life in tobacco imports, as domestic pur- Dr. Waters’s commitment to excel- knowing that the words, ‘Well done, chases by companies have declined. lence has allowed him to serve on visi- my faithful servant,’ apply to him.’’ This has had a direct effect on the tation teams for the Commission on f economy of my state. Many of the Colleges of the Southern Association of rural towns in South Carolina have Colleges and Schools and the Council THE VERY BAD DEBT BOXSCORE grown up around producing tobacco, on Study and Accreditation. In his Mr. HELMS. Mr. President, at the and decreased demand for domestic to- work, he has advised schools across the close of business yesterday, Monday, bacco has affected them greatly. I hope southeast including Morris Brown Col- August 2, 1999, the Federal debt stood these companies see the need to pur- lege in Atlanta, Alabama Lutheran at $5,626,552,692,300.04 (Five trillion, six chase more domestic tobacco and de- Junior College in Selma, Morris Col- hundred twenty-six billion, five hun- crease the amount of tobacco they im- lege of Sumter, South Carolina; and dred fifty-two million, six hundred port. It is imperative for these rural Natchez College in Mississippi. ninety-two thousand, three hundred communities’ economic stability that He has been awarded several special dollars and four cents). domestic tobacco purchases rise. honors and commendations throughout Five years ago, August 2, 1994, the Mr. President, in conclusion I want his professional career including the Federal debt stood at $4,648,620,000,000 to wish the tobacco farmers and ware- Outstanding Educator Award from (Four trillion, six hundred forty-eight housemen in South Carolina the best of Rust College in 1976, the Alumni Fel- billion, six hundred twenty million). luck this year. I wish that I could be low Award from Kansas State in 1988,

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10073 and the Kappan Of The Year from the tion of the Senate, as we should be fo- I ask unanimous consent to follow Utica chapter of Phi Delta Kappa in cused, on the difficulties of designing a the Senator from Kansas. I didn’t mean 1993. plan to deal with this problem in agri- to beat him to the punch. I am anxious Dr. Waters’s writings have focused on culture that affects all commodities, to debate. teaching and the shaping of young all regions of the country, because Mr. ROBERTS. I have no objection to minds He authored ‘‘Implications of there are disparities around the coun- that whatsoever. I have about 15 or 20 Studies on Class and School Size for try in terms of economic losses, weath- minutes of remarks. Programs in Business Education in the er-related damages to crops, and mar- Mr. WELLSTONE. I will listen to my Public Secondary Schools’’ and ‘‘A ket influences in the agricultural sec- colleague and then ask unanimous con- Profile of Presidents of Historically tor. All of that means some farmers are sent I be able to follow. Black Colleges and Universities.’’ He doing fairly well. The PRESIDING OFFICER. The Sen- also co-authored ‘‘Justice, Society, and There was an article in my home ator from North Dakota. Mr. DORGAN. Reserving the right to the Individual: Improving the Human State press yesterday, as a matter of object, and I will not object, but if we Condition’’ which was published in the fact, talking about the aquacultural in- are going to establish an order, and if 1978 Yearbook of the Association for dustry in the State of Mississippi, and there is an appropriate back and forth, Supervision and Curriculum Develop- what a good year those who are pro- I ask that I follow Senator WELLSTONE ment. ducing farm-raised fish are having in comparison with the other agricultural on this side of the aisle. Dr. Waters is not only a great educa- Mr. COCHRAN. Rather than agree to producers in our State. tor, but a great rhetorician and histo- that, and I think it is a good idea to go rian. On numerous occasions, he has This is probably replicated in many other States. Some farmers are having back and forth from one side of the been called upon to represent the uni- aisle to the other, we do not have a versity at both state and national a good year but many are not. We are trying to identify ways we can design a time agreement, and I think it is a events. He has a great knowledge of mistake now to try to get a time agree- history and a distinguished usage of program of special assistance to deal ment. Senator GRASSLEY, I know, was rhetoric and philosophy. with those catastrophic situations where the Government does need to re- on the floor making notes a while ago. On the campus, Dr. Waters is loved He stepped off the floor just now. I by administrators students and fac- spond. It is my hope we can design a disaster program that sends money di- wouldn’t want to jeopardize his right. ulty. His kindness and gentle manner He has been here for some time this are always appreciated, and his upbeat rectly to farmers who need financial assistance rather than create larger morning. spirit and attitude are an attribute is I hope what we can do is, if the Sen- Government programs with money caught by all who come in contact with ator from Kansas can proceed as sug- going into the bureaucracy, or expand- him. gested by the Senator from Minnesota, ing conservation programs, as the first- I commend Dr. Waters for all he has and then the Senator from Minnesota, degree amendment would do, and in- accomplished and all that he has yet to at that time we can take a look and see stead opt for the alternative that is the achieve. Dr. Waters is truly a shining who wants to speak. But I know the second-degree amendment which I have star for Alcorn State University and Senator from North Dakota is inter- offered that sends the money directly for all Mississippians. ested in this debate and participated in to farmers. f the debate yesterday. We look forward I was called this morning by one of to hearing his comments again today. CONCLUSION OF MORNING the network radio news reporters and BUSINESS Several Senators addressed the chair. was asked whether or not the program Mr. DORGAN. Reserving the right to The PRESIDING OFFICER. Morning we are recommending is more loans for object, I think the Senator from Mis- business is closed. farmers. Farmers, he had heard, do not sissippi misunderstood. My intention f want more loans. I assured him that is was to say if there is a request after not what we were proposing. We are AGRICULTURE, RURAL DEVELOP- Senator WELLSTONE to speak on that not proposing that farmers be given side, I understand that. But if we are MENT, FOOD AND DRUG ADMIN- more loans. We are proposing that they ISTRATION, AND RELATED going to establish an order, because I be given more money, direct payments, am here and would like to speak, I am AGENCIES APPROPRIATIONS using the vehicle of the existing farm ACT, 2000—Resumed happy to leave and come back at an ap- legislation that gives authority to the propriate time. If we going are to es- The PRESIDING OFFICER. The Secretary of Agriculture to make di- tablish an order now, I would like to be clerk will report the pending business. rect payments to farmers in the form in that order. The legislative assistant read as fol- of transition payments. We are dou- Mr. COCHRAN. Mr. President, if the lows: bling the amount of the transition pay- distinguished Senator from Kansas will A bill (S. 1233) making appropriations for ments in this second-degree amend- yield further, I had suggested we not Agriculture, Rural Development, Food and ment. That makes up the bulk of the try to establish an order. That was my Drug Administration, and Related Agencies dollar cost of the second-degree amend- response to the question. He asked if programs for fiscal year ending September ment as estimated by the Congres- 30, 2000, and for other purposes. we were going to establish an order. sional Budget Office. My answer is, as the manager of the Pending: So I think we are on the right track bill, I recommend against it at this Lott (for Daschle) amendment No. 1499, to in trying to identify the best way to point. provide emergency and income loss assist- help farmers who are in an emergency The PRESIDING OFFICER. Is there ance to agricultural producers. situation, to identify those who are in objection to the unanimous consent re- Lott (for Cochran) amendment No. 1500 (to an emergency and to give them money Amendment No. 1499), of a perfecting nature. quest? in direct payments in this special situ- Mr. HARKIN. Reserving the right to Mr. COCHRAN. Mr. President, I ation. object, what is the unanimous consent thank the distinguished Senator from Several Senators addressed the request? North Dakota for his willingness to let Chair. The PRESIDING OFFICER. The the Senate resume the bill. I appre- The PRESIDING OFFICER. The Sen- unanimous consent request of the Sen- ciate very much also his efforts to try ator from Minnesota. ator from Minnesota is, immediately to identify the ways we can develop a Mr. WELLSTONE. Mr. President, ac- following the remarks of the Senator comprehensive response to the disaster tually, I do not know whether it is a from Kansas, he be allowed to speak. situation and the economic crisis that jump ball. I will be pleased to go in Mr. WELLSTONE. May I clarify this? exists in agriculture today. order, if we could do it that way. I see I had the floor. I was trying to be ac- Last evening, before the Senate ad- the Senator from Kansas was ready to commodating. journed, the distinguished Senator speak, and the Senator from North Da- Mr. COCHRAN. Yes. He was. from Indiana, Mr. LUGAR, spoke for kota. Can we alternate from side to Mr. WELLSTONE. I simply said, if about 30 minutes, focusing the atten- side? the Senator felt I jumped in, beat him

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10074 CONGRESSIONAL RECORD — SENATE August 3, 1999 to the punch, I would be pleased to fol- I will discuss the shortcomings of individual producer, i.e., the freedom low the Senator from Kansas. I am these proposals later, but first let me to farm. ready to yield, or I will keep the floor. point out, this emergency assistance It is true—almost all of the speeches Shall we do that? debate is only part of the story. The that have been made on the floor of the The PRESIDING OFFICER. Is there rest of the story involves the drumbeat Senate, and all of the press conferences objection to the unanimous consent re- of rhetoric we have heard from our that we have heard all throughout quest? Democrat colleagues and friends across farm country—it is true our com- Mr. ROBERTS. Who has the floor? the aisle, and the Clinton administra- modity prices are depressed. Markets The PRESIDING OFFICER. The Sen- tion, who, month after month, week are depressed worldwide. Everyone in- ator from Minnesota has the floor and after week, day after day, have blamed volved in agriculture certainly knows has propounded a unanimous consent the 1996 farm bill, called Freedom to and is dealing with that firsthand. request. Is there objection? Farm, for the collapse of commodity But as the saying goes in farm coun- Mr. COCHRAN. Reserving the right prices, if not the end of production ag- try: Comin’ as close to the truth as a to object, I was thanking the Senator riculture and family farms in the man can come without gettin’ there is from Minnesota for his graciousness, United States. comin’ pretty close but it still ain’t the for his generosity of spirit, for his Reading the press releases, the re- truth. courtesy to the Senator from Kansas. I sulting headlines, and listening to my Or put another way, no matter who appreciate that very much, as the man- colleagues, you would think the cur- says what, don’t believe it if it doesn’t ager of the bill. I think what he sug- rent farm bill was the result of some make sense. With all due respect to my gested was eminently fair. sinister plot concocted in the dead of colleagues who apparently believe the The PRESIDING OFFICER (Mr. night. 1996 Farm Act is the root cause of prob- ENZI). No objection is heard. Without Apparently, they would like farmers lems in farm country, I do not believe objection, it is so ordered. and ranchers to believe our current The Senator from Kansas is recog- that is simply the case. farm policy is responsible for record nized. I understand the politics of the issue. Mr. ROBERTS. I thank my col- worldwide production; increasing and As scarce as the truth is, the supply leagues. record yield production and produc- seems greater than demand. And with Mr. President, I rise to discuss the tivity; the worst international eco- Freedom to Farm, there is no demand need to provide emergency financial re- nomic crisis since the early 1980s deci- amongst some of my Democrat friends. lief to our country’s farmers and mating our largest markets; record But politics aside, I must admit I am ranchers and to rural America in what subsidies by the European Union, some both puzzled and amazed by the rhet- will hopefully be short-term assistance $60 billion; weather—too much rain, oric we have heard over and over and that will allow our producers to meet too little rain, the obvious drought in over and over again. How can a farm their cash flow needs while Congress the Atlantic States, La Nin˜ a and El bill that has provided on average more also pursues the long-term objectives Nin˜ o; persistent plant diseases in the income assistance during difficult needed to provide a profitable agri- northern plains, and crop infestation in times over the past 3 years than oc- culture sector into the 21st century. all other regions; new technology and curred during the five-year average As one Kansas farmer told me re- precision agriculture; currency changes under the old farm bill be bad for farm- cently: ‘‘Pat, in farm country today we and the value of the dollar that have ers? are just not in very good shape for the reduced American exports—that would Let me point out that the market shape we are in.’’ be some farm bill. But those are the situation for all raw commodities is Farmers today, as many of my col- causes that have actually led to the under stress. In addition to low crop leagues are pointing out, are struggling low commodity prices. prices, we have also been suffering with depressed prices and cash flow dif- In fact, the current farm bill came through low farm prices for cattle, for ficulties, especially farmers who do not after 38 full committee and sub- hogs, for oil, for gold, for gas, and all receive program payments under the committee hearings in the House Agri- raw commodities. None of these com- current farm bill. culture Committee during my tenure modities has been covered by a farm We can and should provide relief to as Chairman, 21 of which were held in bill—any farm bill. Is the current farm enable our producers to get through farm country—every region, every bill responsible for the market collapse these very difficult times, and the commodity—all open-microphone lis- in these commodities? Obviously not. choice between the relief package that tening sessions. Extensive hearings But the causes that caused those low has been offered by Senator COCHRAN were also held here in Washington on prices are the same ones that caused and that offered by Senator HARKIN this side of the Capitol in the Senate the problem with regard to farm coun- will determine the kind and amount of Agriculture Committee. try. assistance that will be forthcoming—or Literally thousands of farmers and There was an interesting press report some other substitute. ranchers voiced their opinion. They about a week ago. It was on the front In this regard, I have been urging overwhelmingly stated they wanted page of a newspaper about the severity Congress to act on a program of lim- the Government to get out of their of the agriculture situation—and it is ited but effective assistance before this planting decisions, to quit interfering severe. The lead of the story said: August break to send a strong signal to in the marketplace, so they could In the wake of dismal prairie farm income farmers, ranchers, and most important, make their own marketing decisions projections, agriculture officials emphasized the agriculture lending community. based on what was best for their farms, the need for an improved long term safety Land values have not tailed off, but the their ranches, according to the market. net. If something is not done we are going to continuing stress certainly could lead The bottom line, farmers told us lose a lot of farmers. to that. We need to nip that in the bud. there was too much in command and But you know, that story was not On the other hand, I do not believe it control that came from Washington. about the United States; it was about is in the interest of American agri- They were tired of standing in line out- Canada and their farm crisis. Canadian culture to rewrite the current farm bill side the Farm Service Agency so that farmers are facing bleak prospects; and or to enact policy that will be market Washington could tell them what to the same is true in Great Britain; and interfering, market disruptive, and plant in exchange for a Government the same is true in Europe; and the lead us back down the road to com- subsidy. same is true all over this world, in mand and control farm policy from As one 89-year-old Kansas farmer Latin America and South America, as Washington. Unfortunately, I believe told us in Dodge City—and I quote: well. both of the proposals that are before us I farmed for nearly 60 years and I never I do not think that Freedom to Farm today, or at least some aspects of those planted a crop that the government had not caused their problems. This is a world- proposals, do fall into that category, told me I could plant. wide market decline, and as such is un- especially the amendment offered by The single most important goal and precedented. the distinguished Senator from South rationale behind the 1996 farm bill was What has caused the low commodity Dakota, Mr. DASCHLE. to restore decision making back to the prices?

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10075 First, farmers worldwide have had never have imagined we would have to did not cause the low commodity good growing weather and produced use the LDP program, but we had to— prices—I mentioned the two causes— record crops for 3 years in a row—un- $3 billion. Recent estimates by the supported the underlying health of the precedented. That is what my good USDA are projecting possible LDPs to- farm economy, and has provided a friend and colleague, the Secretary of taling $8 billion this year. strong safety net—yes, buttressed by Agriculture, Dan Glickman, said a few These numbers total to nearly $34.5 the emergency legislation—and, one of weeks ago when we attended a joint billion by the end of 1999, and they do the biggest conclusions, forces U.S. meeting—unprecedented record crops. not include the $6 billion in lost mar- competitors to adjust to the world Second, we have experienced a world ket payments and disaster relief that market. depression in regard to our export mar- were paid to farmers in 1998. There is a summary of this report, kets, both in Asia and Latin America If you add in the $6 billion emergency and I ask unanimous consent to have and South America. package of last year, and the proposed the summary printed in the RECORD. Third, the European Union is now assistance now being debated, the total There being no objection, the sum- spending a record $60 billion—85 per- is unprecedented—unprecedented—but mary was ordered to be printed in the cent of the world’s ag subsidies—on even before these disaster payments RECORD, as follows: their subsidies. you still had more income under the AN ASSESSMENT OF THE FAIR ACT Fourth, the currency exchange rates current farm bill than farmers would Food and agriculture remains the US reduced the level of farm exports and have received under the old one, under economy’s largest single economic sector, farm prices. A 16-percent appreciation the 5-year average. So from that stand- accounting for $1 trillion in national income, in the value of the U.S. dollar has been point, I do think we have a safety net. and employing 18 percent of the nation’s en- responsible for 17 to 25 percentage In the past 3 years in Minnesota, for tire work force. Almost one-fourth of US points of the decline in corn and wheat the benefit of my dear friend and col- economy. prices. league, Senator WELLSTONE, the safety In 1996, the US Congress passed historic Fifth, a market-oriented farm pro- net for farmers under Freedom to Farm farm legislation, allowing the US agricultural economy to respond to the global mar- gram depends on an aggressive trade averaged $136 million more in total ket. The FAIR Act provided farmers with a policy. In regard to trade, although it payments compared to the state aver- strong safety net, coupled with the freedom is very controversial, we did not do fast age under the old bill. to plant for the market. It ended the coun- track. We had a very historic agree- In South Dakota, the safety net for terproductive practices of taking good US ment with China, with bipartisan work farmers under Freedom to Farm aver- cropland out of production and of setting a on it, and then it was pulled back; and aged for the past 3 years was $58 mil- global price floor for all the world’s farmers, then it was followed by the bombing of lion more than the state average under which served only to intensify foreign com- the Chinese Embassy. That was not the the old bill. petition against U.S. growers. intent, but that is what has happened. In North Dakota—Senator DORGAN Fundamentals of the FAIR Act And we are about to put agriculture and Senator CONRAD are two Members Eliminated planting requirements. last—certainly not first—in the coming who fight for their farmers and believe Eliminated supply controls and acreage WTO trade talks in Seattle. We con- very passionately that we must address idling programs. Freed farmers to plant for the market. tinue to employ counterproductive this problem—$15 million more; in Ne- Eliminated variable deficiency payments. sanctions that punish U.S. farmers and braska, $109 million more; and in Iowa, Provided guaranteed transition payments. reward our competitors with market the safety net for farmers under Free- Retained competitive price support levels. share and have no effect on our foreign dom to Farm in the last 3 years pro- Retained marketing loans to prevent gov- policy. vided $162 million more than the pre- ernment stockpiling. The administration has moved in this vious bill. THE FAIR ACT DID NOT CAUSE LOW COMMODITY regard. We have bipartisan support for Is it enough in regard to the prob- PRICES sanctions reform, but we still cannot lems we face that are unprecedented? The passage of the FAIR Act coincided use the USDA export programs in re- Is it enough for the northern prairie with sea changes in the global economy, gard to making those sales. States with border problems and wheat which have dramatically affected the US ag- Again, the cause for these low prices scab and weather you can’t believe? I ricultural economy. Years of worldwide eco- is not the 1996 farm bill. Quite the con- do not know. That is for those Senators nomic growth, particularly in middle income trary, under Freedom to Farm—and I and those farmers to determine. But developing countries, led to rising demand for meat and animal feed. Increased market want everybody to listen to this—farm- there has been a significant increase in access achieved by the Uruguay Round ers in each State represented by most that direct income assistance to those Agreement, as well as regional agreements of the critics of the 1996 act have and producers. such as NAFTA, allowed US farmers to take are receiving more income assistance Finally, for those who like roosters advantage of that growth overseas. New on average than they did under the old at the dawn and coyotes at dusk, crow technologies (biotechnology, precision farm- bill. and howl that we have ripped the rug ing, no till agriculture) were increasing crop Under Freedom to Farm, farmers out from underneath our farmers and yields at the same time as record high prices themselves—not Washington—have set the safety net, let me point out that led farmers in the United States and overseas to expand acreage. aside their crop production and during the first 3 years of Freedom to Two years after the enactment of the FAIR switched to other higher value crops. Farm, the average amount of income Act, the global economy suffered the worst Nevertheless, we hear the mantra that assistance to hard-pressed farmers was international crisis since the early 1980s. The we do not have a safety net. higher in every one of the 50 States fast growing Asian economies, which to- Let me point out, for the past 3 years than the 5-year average for each State gether are the largest single market for US of the current farm bill we have pro- during the previous farm bill. Again, exports had been the fastest growing im- vided transition payments—somehow these higher 3-year averages do not in- porter of US food and agricultural products, or other in this debate the reality of clude emergency assistance that pro- suffered dramatic reversals, as did Russia. Asian demand was down 17 percent in 1998, transition payments over the 6-year ducers received through the structure and will be down another 23 percent this life of the farm bill has been ignored. It of the Freedom to Farm Act that farm- year. Ironically, sales to Mexico were up 17 is almost like they do not exist in the ers received last year and they will re- percent, and NAFTA is the fastest growing minds of the critics, but we have pro- ceive this year when we finally get to market for U.S. farmers. vided them. They are direct income the determination of whatever emer- The sharp drop in demand for food and ag- support, and that amounts to approxi- gency package we should pass. ricultural products coincided with record mately $23 billion to our farmers and In making these statements, let me harvests in the United States, Brazil, Argen- ranchers for the past 3 years of the bill. urge my colleagues to do their home- tina and other food producing nations. Be- On the downside, we have also pro- work. Take time to read an assessment tween 1993 and 1998, world wheat production has shifted from 65.4 MMT below trend to 31.7 vided nearly $3 billion in what is called of the 1996 Farm Act by the Coalition MMT above trend—an increase in supply of loan deficiency payments. That means for Competitive Food in the Agri- nearly 100 MMT. World corn production has the price goes below the loan rate. The culture System, published this June. In shifted from 52 MMT below trend in the early loan rate was pretty low. We would brief, the summary concluded the act 1990s to 36 MMT above trend in the late

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10076 CONGRESSIONAL RECORD — SENATE August 3, 1999 1990s—an increase of 88 MMT. Soybean pro- acres back into production. With the safety Still despite these facts, the duction has seen similar trends, with produc- net of the marketing loan in place, U.S. naysayers say we must control production 7 MMT below trend in the early 1990s farmers are guaranteed to receive the loan tion and raise loan rates. Raising loan and 11 MMT in the latter half of the 1990s. As rate, even if world prices fall to lower levels. rates will only increase or prolong the a result of these huge shifts in supply, world This means that farmers in other countries prices have dropped far from their will be forced to respond to world markets excess levels of crops in storage and on uncharacteristic highs in the mid-1999s, to prices, while U.S. farmers benefit from the the market and actually result in slightly below average levels, when com- higher U.S. loan rate. Should world prices lower prices down the road. Excess pared to the firt half of the decade. rise above U.S. loan rates, U.S. farmers will stocks will depress prices. Do we then THE FAIR ACT HAS SUPPORTED THE UNDERLYING be able to receive the full benefit of those extend the loan rate or raise it, leading HEALTH OF THE FARM ECONOMY higher prices. to an endless cycle, leading to a return During the tenure of the FAIR Act, the un- Mr. ROBERTS. Mr. President, most to planting requirements and Wash- derlying financial health of the sector has of the critics of the current act have ington telling farmers to set aside improved, when compared to the first half of recommended that we rewrite the farm ground to control production and limit the 1990s. Total farm assets were 18 percent bill, and I think most, at least—and I the budgetary costs? higher than the 1990–94 average in 1996 and don’t want to be too specific here be- How do higher loan rates help pro- are estimated to be 30 percent higher in 1999. cause I am not sure—have indicated ducers who have suffered crop failures Similarly, land values in 1998 were 16 percent they would like a return to set-aside and have no crop underneath the loan? higher than their average value in 1990–94, programs and higher loan rates and and are projected to be 38 percent higher in We had low prices in the mid-1980s. As 1999. Moreover, liquidity ratios are up, debt farmer-owned reserves, basically a re- a matter of fact, in 1985, and, it seems servicing ratios are down, and return on eq- turn to the old farm bill. They say we to me, in 1986, we spent almost $25.9 uity has increased from 0.5 percent in 1995 to need to do it so we can control produc- billion. We tried PIK and Roll; we tried 2.3 percent in 1998. tion and increase the price of our com- certificates; we tried set-asides. We While there have certainly been regions modities. Lord knows, I would like to tried everything under the sun. We and commodities that have suffered from try anything, almost, to increase the passed the 1985 act dealing with un- sharp prices declines and from various price of our commodities. precedented world conditions. So we weather and crop related disasters, overall, My question is this: How do we con- average farm income during the FAIR Act tried that. We had the higher loan has been higher than farm income under pre- vince our competitors to follow suit? rates. vious legislation. Even with the declines in Past history shows us that when we re- It is one thing to propose a new farm 1998 and 1999, farm income during the FAIR duce our acreages, our competitors do program, albeit we haven’t seen any- Act is higher on average than during the pre- not follow suit. World stocks are not thing too specific. But how do you pay vious farm legislation. reduced. They increase their produc- for the budget cost, notwithstanding In perhaps the most important measure of tion by more than we reduce ours. the emergency declaration of this leg- the financial outlook for the sector, farm- There is no clearer example than dur- islation, which I think is appropriate? land prices continue to rise throughout the ing the 5-year period from 1982 to 1988 country. Since 1995, the price of farmland in There was no request from the Presi- the Corn Belt has risen from $1600 per acre to when the United States harvested 12 dent, after 3 years of complaining, no over $1800 per acre; land in the Great Lakes million fewer acres of soybeans and, request from Secretary Glickman for has risen from just over $1000 per acre to al- during the same period, Argentina and additional funding. It seems to me it is most $1300 per acre. Even in the Northern Brazil increased their production by 14 one thing to propose changes in the Plains, which has suffered the most in terms million acres. Guess which countries farm bill in the form of increased loan of prices and disasters, farmland prices are are now the largest competitors of the rates, however you want to change it— up from just under $1000 per acre to almost United States in the soybean market. or, as the President says, we just need $1100 per acre. Critics will also claim that plantings a better farm bill—and another to pro- THE FAIR ACT PROVIDES A STRONG SAFETY NET and stocks have increased and prices pose how we pay for it. Under the terms of the FAIR Act, $35.6 bil- have plummeted because our farmers The reason I am bringing this up is, lion will be provided to farmers through di- were allowed to plant fence row to I think we need a little truth in budg- rect income payments over seven years, for fence row. That is not true either. The eting, aside from the proposed emer- an average of $5 billion annually. In addition, expenditures under the commodity loan United States was not the cause of in- gency legislation that we need. Do the program, which makes up the difference be- creased world production. In 1996, farm- advocates of change pay for the new tween the loan rate and a lower market ers in the United States planted about program, set-asides, and increased loan price, have added an additional $1 billion an- 75 million acres of wheat. Under Free- rates or whatever it is in regards to the nually, an amount that could reach $3.5 bil- dom to Farm, that fell to 70 million in new farm program by taking away the lion in 1999 alone. In addition, the disaster 1997, 65 million acres in 1998. That is al- transition payments now provided to relief and market loss payments during 1998 most a 14-percent drop in wheat acre- farmers under Freedom to Farm? Will added an additional $6 billion in government age. The farmer made that decision, farmers willingly give up the transi- payments to farmers. In all, payments under the FAIR Act have totaled $5.7 billion per not somebody in Washington, a vol- tion payments, direct income assist- year. By comparison, payments under the untary set-aside. It was a paid diver- ance, and go back to the days of stand- old farm program averaged $5.5 billion per sion because he got the AMTA paying in line at the Farm Service Agency, year. Because they are based on previous ment. USDA projections are an addi- filling out the forms and the paper- production levels and historical program tional decrease this year of another 9 work, and set aside 20 percent or more yields, the bulk of those payments go to percent. That is a voluntary farmer of their acreage? large, commercial farmers who account for set-aside, not a government mandated What do we tell farmers who have on the bulk of U.S. production. set-aside. their own made historic planting THE FAIR ACT FORCES U.S. COMPETITORS TO If U.S. wheat farmers planted less changes from primary crops in the past ADJUST TO THE WORLD MARKET wheat, where did the record crops come to crops of higher value—oil seeds, sor- In the past, when the United States took from? We have been blessed with near ghum, dry peas, navy beans, soybeans, land out of production in response to low perfect growing conditions in most of and, yes, cotton? Under Freedom to prices, our competitors in Brazil, Argentina and other countries simply expanded their wheat country. The average farmer’s Farm, I tell my distinguished friend acreage to take up the slack. When the yield went from 36 bushels an acre to 43 and colleague from Mississippi, in the United States raised its support prices in the last year, 47 this year. Once again, the heart of cotton country, we have 40,000 early 1980s, farmers in other countries took American farmer’s record of produc- acres in Kansas that are now in cotton advantage of the price floor set by the tivity is simply amazing. I don’t know production. When Steve Foster wrote United States, to expand their production. In of any farm bill that has ever been able the song ‘‘Those Old Cotton Fields effect, the United States functioned as the to control production in other coun- Back Home,’’ he was talking about Saudi Arabia of the World grain market. tries, or the weather, or growing condi- Kansas. We have the most cost-effi- Those policies provided a safety net not just to US farmers, but to the world’s farmers. tions. I don’t think even our friends cient cotton in the world because the Under the FAIR Act, U.S. farmers face no across the aisle who are most critical temperatures are so low, you don’t government-mandated set-asides. As a re- would propose trying to limit the farm- have to use pesticides on the insects. sult, they have brought nearly 10 million er’s yield. None of that would have happened

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10077 without the flexibility in regards to Act. And, yes, I am talking about rea- on giving the Secretary maximum dis- the new farm bill. sonable emergency assistance to pro- cretion to use his expertise to create a The reduction in wheat acreage going vide income assistance due to the unfair and speedy program. The delivery to other crops has been dramatic in precedented record crops, EU subsidies, of disaster payments was delayed for 8 1997 to 1998: 15 percent down in North world depression of the export mar- months. This program relies even more Dakota, 15.5 percent in South Dakota; kets. And that brings us to the two heavily on the Secretary. I hope that 18 percent in Kansas; 18 percent in Min- proposals we have before us today. Secretary Glickman has magic in the nesota; 15 percent in Texas. These are Let me point out that, given the dy- way he can get the payments out. farmer-made decisions, and the namic change in agriculture and world The Secretary must take a fixed changes in American agriculture have markets, no farm bill has ever been amount of money and fairly divide it exceeded all expectations. Farmers perfect or set in stone. That has been among producers; guess in August the have switched because it made eco- the case with the seven farm bills I total production of a variety of crops nomic sense. have been directly involved with since for the year; determine which pro- The plain and simple and sometimes I have had the privilege—seven of ducers will have failed acres and deter- painful truth is that all U.S. producers them. That statement is buttressed by mine their actual production history; are no longer the most efficient pro- the fact that, in the last 10 years, there calculate how a $40,000 payment limit ducers of certain crops, now wheat, in have been no less than 13 emergency will affect the division of the funds; the world. That is true of other crops. supplementals or disaster bills. Given create a per bushel, pound, or hundred- But if you give the farmer the proper the current drought in the Atlantic weight payment for crops not yet har- research and the proper export tools States and our price and cash flow vested; determine how to make ad- problems due to the unprecedented de- and the proper precision agriculture vanced payments; and he must prorate velopments I have already discussed, tools and the proverbial so-called level payments when and if all the guesses there are going to be 14. It is just what and fair trading field—which does not happen to turn out to be wrong. exist right now—he can be. form it will take. But it seems to me Last year, with a far simpler task, we should not be in the business of But we must also have the flexibility the Secretary gave up and waited until spending more than is necessary, or and the freedom to respond to market June to make the payments. Let me making changes in farm program pol- signals. So instead of looking back to point out that transition payments icy that will be market disruptive, or the failed policies of the past, I think under the AMTA supplemental plan that will lead us back down the road to we must look to a long-term agenda for went out in 10 days. They were deliv- command and control agriculture in the future that allows our farmers and ered to producers in 10 days. Direct in- Washington. That, of course, depends ranchers to be successful. That agenda come assistance: A farmer could take includes most of what was promised on your definition. There are several questions, or con- the check and show it to his banker during the passage of the Freedom to cerns, I have in regard to the emer- and say: I can make it through the Farm Act—promises, promises, prom- gency assistance package introduced next year. ises. I held up this ledger. I had two of WTO limits. Almost unnoticed in the by my friend, Senator HARKIN, and my them. On one side it said, if we go to a friend from Mississippi, the distin- farm crisis is the rapid increase in pay- market-oriented farm program, these guished chairman of the Appropria- ments made to producers. The United are the things we will have to do to tions Subcommittee. The income loss States is rapidly approaching the limit complement it in order that it may assistance that has been proposed by allowed in the treaty for payments de- work. And we listed them. That was Senator HARKIN, as I understand it, has fined in something called the amber the other side of the ledger. a fixed amount of $6.4 billion made box as trade distorting. All payments Unfortunately, I am sad to say that available. But it sets up a parallel sup- associated with commodity loans, in- those promises have not been kept by plemental loan deficiency payment cluding LDPs, are counted in the either side of the aisle. If I get a little system with a separate $40,000 pay- amber box. They are not counted in the thin skinned in regards to all the criti- ment. It provides that payments be AMTA box if you provide farmers di- cism in regards to the act that we put made to producers with failed acreage, rect assistance due to unprecedented together, I am more than a little un- or acreage prevented from plantings, things. That will nearly double LDPs happy in regards to the Republican and based on actual production history, in 2000 and may very well put us over Democrat leadership and the lack of and provides for advance payments to the limit, making it very difficult for progress on things we promised that producers as soon as possible. And we the President to sign a bill that would would complement Freedom to Farm, want that. violate the Uruguay Round agreement. things that attract bipartisan support I think we are headed toward a train My question is: What is the White from all of us who are privileged to rep- wreck in regard to the payment limita- House position on the Harkin amend- resent agriculture. tion. One of the major concerns among ment as it applies to payments to I am talking about an aggressive and farmers is the $75,000 payment limita- farmers through the loan deficiency consistent trade policy, fast track leg- tion on an existing $7 billion to $8 bil- payment program, as opposed to the islation, sanctions reform with author- lion worth of loan deficiency payments. AMTA payments? I have other ques- ity to use USDA export programs, a Now we are trying to cram an additions, too. strategy for WTO negotiations that tional $6.4 billion through a payment I have indicated to my colleague puts agriculture first, a renewed effort limitation half that size, and it seems from Minnesota that I would not take to complete the trade breakthrough we to me we are going to have some real too long, and I have already done that. had with China. I am talking about tax problems. Per unit payments will go I apologize to him. Again, we know the legislation. Some of it is in the tax up, and a smaller and smaller percent- money can be distributed through the bill. Unfortunately, we have a political age of production will be covered. AMTA system in as little as 10 days. fussing and feuding exercise, and some Now, if this new payment form is Mr. WELLSTONE. Will the Senator of these will not actually take place— supposed to go to those who produce, it yield for a second? 100-percent self-employed health insur- is ironic that we are going to see 85 Mr. ROBERTS. I only have about 2 ance deductibility, farm savings ac- percent of the producers who produce minutes left. counts. If we had farm savings ac- the field crops shortchanged to bulk up Mr. WELLSTONE. This is the Sen- counts, this situation would be tough payments to those that really create 15 ator’s life. I don’t agree with him, but but it wouldn’t be grim. percent of the crops. This isn’t the big he must lay out his case. Capital gains and estate tax reform. I producer/small producer argument. I Mr. ROBERTS. I thank the Senator. am talking about crop insurance re- think the penalty will reach down to Mr. President, the most important form. Senator KERREY and I have what the medium-size commercial farmer, thing is to get this emergency assist- I think is a very good crop insurance while the part-timer with a job in town ance out to farmers as fast as we can bill. I am talking about regulatory re- may reap a windfall. and keep it within a realm that is at form and about commonsense manage- Discretion to the Secretary. Last least reasonable in regard to the budg- ment of the Food Quality Protection year’s disaster program was predicated et and in a way the farmer can get the

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10078 CONGRESSIONAL RECORD — SENATE August 3, 1999 assistance. We can do that in 10 days proceeding to work together in a bipar- farmers can’t make a go of it, or when by the system that is proposed by the tisan way, if we possibly can, to ad- you continue to have to deal with con- Senator from Mississippi. dress the real reasons as to why we glomerates that control almost all I have already mentioned the pay- have these low commodity prices. phases of the food industry—when I ment limitation concern. I must say, if When this comes up this afternoon, I hear my good friend from Kansas talk- you look at the Harkin amendment, it urge Members to pay attention. A lot ing about laws of supply and demand, I not only deals with emergency assist- of this gets very convoluted and very smile. Family farmers in Minnesota ance—and Senator HARKIN truly be- technical, I know, in regard to farm want to know: Where is Adam Smith’s lieves we ought to rewrite the farm program policy. But it would be my de- invisible hand? Family farmers in the bill, and he is doing that in regard to sire that Members look very closely at Midwest want to know, where is the his amendment. this in regard to the budget implica- competition? Because when they look We have peanuts, dairy payments, tions and things that can go bump in to whom they buy from, and when they and livestock payments; and I am as- the night—the law of unattended ef- look to whom they sell, they are faced suming most of it would go to the hog fects—down the road that I don’t think with a few large conglomerates that producers, but we means test that we want to experience in farm country. dominate the market. again. We have set-aside authority and I yield the floor. I say to my good friend from Iowa we have disaster funding, where we set The PRESIDING OFFICER. Under that in Fayette County—I guess there aside another $600 million. We backfill the previous agreement, the Senator is a town of Fayette also in northeast the 1998 disaster assistance. Then we from Minnesota is recognized. Iowa—on Sunday I went to a pig roast. Mr. WELLSTONE. Thank you, Mr. have money to establish a permanent This farmer said: I am out of business. program for land that has been flooded President. Mr. President, first of all, I want to This is the last pig. This is it for me. for continuous years. With all due re- Our pork producers are facing extinc- say to my colleague from Kansas that spect to my colleagues from the North- tion, and the packers are in hog heav- he ended up talking about the emer- ern Plains, we have a name for a land en. gency bill that is before us. But a good in Kansas that has been covered with We have a frightening concentration part of his remarks were devoted to the water for 3 years; it is called a lake. of power. farm bill, what I call the ‘‘freedom to We have millions for tobacco pro- All of my colleagues who are strong fail’’ bill. I want to say to my colleague ducers. My golly, are we going back to free enterprise men and women, all my from Kansas that he kept talking 1982 when we all decided in the House colleagues who talk about the impor- about the failed policy of the past. I of Representatives—and we were all tance of the market and competition, think he ought to focus on the failed there at that time—we were going to ought to look at what my friend from policy of the present. The failed policy get the Government out of subsidizing Kansas talks about as a painful truth, of the present is the ‘‘freedom to fail’’ which is we don’t have Adam Smith’s tobacco farmers? Are we back to that? bill. Be careful what you ask for. So we My colleagues also talked about the invisible hand and law of supply and have included tobacco in this bill. I am painful truth. The painful truth in the demand. Everywhere we look in this in- not making any aspersions on the State of Minnesota is that we are going dustry, you have conglomerates that hard-hit tobacco producers, but, folks, to lose yet thousands more of farmers have muscled their way to the dinner that is not PC. I am not sure about on the present course. We have to table, exercising their raw political that one. And then we have mandatory change the course. That is the painful and economic power over our pro- price reporting, something I have sup- truth. ducers, over consumers, and I also ported in the Agriculture Committee, I remember that maybe a year and a argue over taxpayers. with some changes made by Senator half ago when I went to a gathering in In all due respect, when my friend KERREY. But we are approving funding Crookston, MN in northwest Min- from Kansas says we ought to look at for legislation and we haven’t even nesota, there was a sign outside that the failed policies of the past, I want to marked it up yet. said, ‘‘Farm Crisis Meeting.’’ I say that we ought to look at the failed Then we have mandatory country-of- thought: My God, are we going back to policy of the present. origin labeling for meat and vegeta- the mid-1980s? But it is not only north- My colleagues on the other side of bles. Right now, we have a tremendous west Minnesota. the aisle can talk about anything they problem with the European Union and I was in Roseau County two week- want to talk about. All of it is rel- all countries in Europe on GMOs, ge- ends ago. It is pretty incredible. It is atively important. Crop insurance is netically modified organisms. People the low prices. It is also the weather. important. We can do better. We can do in white coats are descending upon the The county typically plants about better in a lot of different areas. But fields over in Great Britain, ripping up 500,000 acres of wheat. This year only 10 let’s not talk about failed policies of the GMO crops. The problem is, they percent—50,000 acres—was planted. It the past. Let’s talk about the failed made a mistake and ripped up the appears that a mere 10 percent of the policy of the present because that is wrong crop. We ought to go to sound 50,000 acres will produce a crop. what farmers are dealing with. Family science and work out these problems, It is northwest Minnesota with the farmers are going under, and time is and we are trying to do that. low price. It is the weather. It is the not neutral. In regard to the trade problems we scab disease, and now the price crisis I want to shout it from the mountain have—which Secretary Glickman talks affects all of Greater Minnesota. top of the Senate in response to the re- about and most aggies are worried When my colleague talks about $136 marks of my good friend and colleague about—we are going to put this in million spent in Minnesota with the from Kansas. The most important country-of-origin labeling on top of AMTA payments, it reminds me of thing that we can do is rewrite this that issue. I don’t think it has really what farmers always say, not about the farm bill. The most important thing we been proven that our producers will in- smaller banks but about the big branch can do is make the kind of structural crease prices and that it will result in banks: They are always there with the changes we need to make so that fam- trade retaliations. umbrella when there is sunshine out- ily farmers can get a fair shake be- We have $200 million for a short-term side, but whenever it is raining they cause right now what we did in that set-aside. I don’t want to go back to take the umbrella away. ‘‘freedom to fail’’ bill is take away any set-asides; I think that would be coun- Of course, the payments were up opportunity for farmers to have any terproductive. Some of these provisions when we were doing well. But the kind of leverage and bargaining in the I have mentioned are also in the provi- whole point of what we had in our farm marketplace with these large grain sion introduced by my dear friend and bill before ‘‘freedom to fail’’ was we companies. And, in addition, we took colleague, the Senator from Mis- had some countercyclical measures to away any kind of safety net. sissippi. make sure there was some price sta- So when part of the export market I think, again, we ought to be pro- bility. That is the point. isn’t there, although we are doing fine viding emergency assistance to farmers The point is that when part of our ex- and the exporters are doing well, our and not be writing the farm bill but port market collapses, and when family family farmers aren’t.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10079 The point is that for those farmers invisible hand? Where is the competi- out, when prices were up. Everybody who do not have huge reserves for caption? It misses the very essence of our loved it. The problem is the ‘‘freedom ital and aren’t the conglomerates, they debate. Conglomerates basically con- to fail’’ bill, which was passed, did not go under. trol almost all phases of the food in- take into account what would happen Senators and United States of Amer- dustry, whether it is from whom the to family farmers when the markets ica, this debate about this emergency farmers buy or to whom they sell. collapsed, the prices were low, and package—and more importantly the de- There are two questions: No. 1, how there was no safety net, no bargaining bate that is going to take place this can we give family farmers some kind power and no way that family farmers fall about how we write a farm bill—is of leverage in the marketplace? We would be able to cash flow and make a a debate that is as important as we can tried to do that in some of our past living. There is no future for family have for anyone who values the family farm bills through the loan rate, and farmers in the State of Minnesota with farm structure of agriculture because also a safety net, to try and deal with this failed farm policy. we will lose it all if we don’t change farmers when prices plummeted. Sec- I say to my colleagues, we have some this course of policy. ond is the compelling case for antitrust votes this afternoon on the whole ques- Mr. HARKIN. Mr. President, will the action. tion of some emergency assistance. Senator yield on that point? Let me say we are going to pass a bill That is step one. Mr. WELLSTONE. I am pleased to that will provide some assistance to I believe for reasons I have explained yield. farmers, but there are two questions: that our proposal makes much more Mr. HARKIN. Just for a question. What kind of assistance? I will analyze sense in terms of getting some help to I think the Senator from Minnesota that in a moment. The challenge before people. If we are going to call it emer- put his finger on it. When I heard the the Senate is the kind of assistance. I gency assistance—and that is what it Senator from Kansas speak, it seemed think there are pretty huge differences. is—then we better get some assistance as if what he was saying was that we In our bill, the Democrats bill, we to people who are devastated because are going to leave farmers and ranchers have about $2 billion in assistance for of the drought. We better have disaster out there at the mercy of the grain disaster relief. In case anybody hasn’t relief in a bill which purports to be an companies, the packers, the whole- noticed, we have drought in the coun- emergency assistance package. salers, the retailers, and the proc- try. We have people who are dev- Second, we ought to try and make essors. They are making money in the astated, people who cannot grow any- sure the benefits go to the people who domestic market, but the farmers are thing. We have some disaster relief, $2 need it the most. Finally, I say to my friends on the not. billion. I don’t think our colleagues on other side, I don’t believe anybody I ask the Senator from Minnesota: the other side have anything in that should have to stand up and say the Does the Senator believe that it is a bill, in which case I say to colleagues Freedom to Farm bill was a ‘‘freedom viable responsibility for our govern- when they vote on these amendments, to fail.’’ I don’t care whether people ment to ensure that family farmers it would seem to me Members would be have to admit to a past mistake. I have some bargaining power, some hard pressed to vote against an amend- don’t want anybody to believe they power out there in the marketplace so ment purporting to provide emergency have to admit to a past mistake. But they can get a better share of the con- disaster relief that doesn’t take into we better change the policy. However sumer dollar that is being spent in account the weather. Not only are my we do it, whatever Senators want to America today? colleagues not taking into account the say, my focus is on the failed policy— I add to that, I say to the Senator, failed policy of the present, they are that under previous farm programs— not of the past but of the failed policy not taking into account the drought. of the present. My focus is on this and under what we have been advo- My second point: I far prefer, to the cating in terms of raising loan rates ‘‘freedom to fail’’ bill. extent we can, to make sure the assist- We have to take the cap off the loan and providing for storage and things ance gets to those farmers who need it rate, raise the loan rate. We have to such as that—they provided that farm- the most. The AMTA payments tend to get a decent price. We have to target it ers have a little bit better bargaining go to the larger producers and tend to and have a much tougher and fair trade power in terms of selling their crops, go to land owners, even if they are not policy. We have to make sure we have and thus hopefully getting a better producers. It is quite different than some conservation practices. We have portion of their income from the mar- LDP. I would like the LDP targeted, as to make sure we don’t have people ket. targeted as possible. planting fence row to fence row. We I thought it was a curious argument There are some differences between have to make sure we take antitrust for a conservative from Kansas to be these two proposals. The Republican action seriously. Teddy Roosevelt was making that the measure of the suc- plan is similar to their tax cut plan. for antitrust action a long time ago. cess of the Freedom to Farm bill is how They parcel out benefits in inverse re- It seems to me that the United the Government checks go out to farm- lationship to need. What farmers are States Senate can go on record to sup- ers. I find that a curious argument. saying to me in Minnesota or when I port antitrust action. It seems to me My question to the Senator is wheth- was in Iowa this past weekend: Look, we can be on the side of family farmer or not it is a legitimate role for the we want to get the price. We want to ers. Federal Government to play to help deal with the price crisis. We want to I yield the floor. level the playing field between farmers have a future. The PRESIDING OFFICER. The and those who buy their products from If you are going to provide some as- Chair recognizes the Senator from the farm. sistance, I didn’t hear farmers talking Texas. Mr. WELLSTONE. Mr. President, let about AMTA payments because they Mr. GRAMM. I am happy to yield. I me respond to my friend from Iowa. know the great share of the benefits thought we were going back and forth First, I agree it is ironic to hear some will go to those who need it the least. but if the Senator would like to speak. of our colleagues try to boast about di- We have some major differences. We Mr. BYRD. The Senator is very gra- rect payments to farmers when they take into account the drought—small cious to offer that. I do not ask that. talk about the ‘‘freedom to fail’’ bill. thing, the drought. We make sure there However, I wanted to have an under- By definition, if we are spending $17 is some direct assistance to people who standing as to how we are proceeding. billion a year for payments to farmers, are confronted with the drought. Our I believe I probably was on the floor the market is not doing a very good colleagues on the other side don’t have ahead of most others other than the job. such assistance. Senator. If the Senators are alter- Second, let me say to my colleague In addition, we try to target to pro- nating, does the Senator from North from Iowa, when I hear my good friend duction as opposed to AMTA payments, Dakota wish to go next? from Kansas talk about the law of sup- which is all a part of the ‘‘freedom to All I want is a chance to speak at ply and demand, I smile because the fail’’ bill. It was transition for people some point. family farmers throughout the country to go out. AMTA payments were great, Mr. DORGAN. Let me ask the Sen- want to know where is Adam Smith’s as my colleague from Kansas points ator to yield for a question.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10080 CONGRESSIONAL RECORD — SENATE August 3, 1999 Mr. GRAMM. I am happy to yield to I do not want to get into a political The problem with that, besides hav- the Senator. debate about farm policy, but I want to ing a substantial impact on the state of Mr. DORGAN. I say to the Senator make the point that I believe we are the American economy, is that pri- from West Virginia, I sought an answer drifting far afield from any kind of ra- marily, while there are many farm to that question some while ago. I have tional farm policy in America in what State Senators, there are relatively been on the floor an hour. I stepped off we are doing. Maybe some would view few farm district Members of the the floor for a moment. it as an unkind judgment, but in my House. If we go back to supply manage- I believe the Senator from Mis- opinion we are engaged now in a polit- ment, given the apportionment of rep- sissippi indicated the Senator from ical bidding contest where we simply resentation in the House, we will never Iowa, Mr. GRASSLEY, perhaps wanted to are seeing figures made up on both set prices that will be high enough to speak next. In any event, I think per- sides of the aisle, I would say, where we produce prosperity in rural America. haps it would be helpful if we estab- are competing to show our compassion So I know all of the rhetoric, going lished some order, and I am willing to and competing to show our compassion back to the 1920s, much of which has accept whatever order the managers with somebody else’s money. I would very leftist roots, would lead many of wish to establish. If I am not able to be moved into thinking this was pure our Democrat colleagues to believe if speak now or soon, I will ask consent compassion if we were debating giving we could get Government to manage to be recognized at 2:15 to speak. our own money. But since we are de- agriculture, we could make it great. Mr. BYRD. Will the Senator yield? bating giving the taxpayers’ money, it The problem is—and I say this as a per- Mr. GRAMM. I am happy to yield to is hard to be compassionate with some- son representing an agricultural State, the Senator. body else’s money. a State that produces most farm prod- Mr. BYRD. Mr. President, I propose Having said that, I see this farm ucts, the only State in the Union that the following unanimous consent re- problem a little bit differently than produces both cane and beet sugar, a quest, if it is agreeable to the Senator most of my colleagues. Since I do not State that is in virtually every kind of from Texas, the Senator who is man- think this point has been made in the agriculture that you can name—the aging the bill, and Senator HARKIN. I debate, I want to make it. plain truth is that agriculture does not ask unanimous consent that after Mr. First of all, it is clear, and I think have enough political clout, day in and GRAMM has completed his remarks, Mr. everybody is in agreement on this, that day out, to get the Government to set DORGAN be recognized, then Senator American agriculture has been affected prices high enough that we will ever GRASSLEY, and then I be recognized. by the Asian financial crisis and that have true prosperity in rural America. The PRESIDING OFFICER. Without the demand for American farm prod- That is why I am never supporting objection, it is so ordered. ucts from Asia has fallen off by 40 per- going back to the Government man- Mr. BYRD. I thank all Senators. I cent. The demand for farm products is aging agriculture. thank the Senator from Texas. what economists call ‘‘inelastic.’’ That The only chance we have to make Mr. GRAMM. Mr. President, I did not is, when the price changes, it doesn’t rural America not just a good place to come over this morning to get into a have an immediate, instantaneous or live—because it is the best place to political debate about farm policy. But substantial impact on production. So live. When I ultimately leave Wash- the issue is so important that I this decline in the demand for products ington—and I hope to be here as long thought there were some things that in Asia has had a substantial impact on as STROM THURMOND, which would give need to be said that I do not believe price. me another 40 years—I do not ever plan have been said. I would like to preface Obviously, we are all hopeful that to live in a town that has a stoplight my remarks by saying that, to the best Asia is going to recover from its finan- again. I prefer rural America. I think it of my knowledge, my State is the big- cial crisis and that they are going to be is the best place to live. I want to gest beneficiary of American farm pro- back in the market and that this part make it one of the best places to make grams, not on any kind of per capita of the factors that are driving down a living, which is why I was for Free- basis but because we have a lot of farm prices will go away over time. dom to Farm and why the underlying farmers and ranchers. That is the basic logic of the proposal philosophy of the Cochran program is I am very concerned about the that has been offered by Senator COCH- superior. drought in some parts of the country, RAN. It basically is that as the Asian fi- It does not appeal to people who want which we have a long tradition of re- nancial crisis is solved, as Asians get Government to manage things, who be- sponding to and dealing with. That tra- used to, once again, consuming Amer- lieve that Government can do it better. dition has been based on documenting ican farm products—the best rice, the But the plain truth is, without being the drought, documenting the loss, and best meat, the best cotton; as they get unkind, there is only one place in the then compensating people who lose. It used to the joys of wearing cotton un- world where socialism still has dedi- has not been based on anticipating a derwear made of American cotton— cated adherents, and that is on the loss, estimating it, appropriating they are going to buy a lot more of it floor of the Senate and the floor of the money on a widely discretionary basis and everything is going to come back House of Representatives. Everywhere and allowing bureaucrats to give out and prices are going to be good again. else in the world it has been rejected. literally billions of dollars. That has To the extent that thesis is correct, But here it still has dedicated adher- never been the policy in the past. I do the right thing to do is to adopt the ents, people who believe if we just let not think we ought to undertake it Cochran substitute. Government run things—health care, today. So before I get into the text of The Democrat substitute is really agriculture, whatever—that it would what I wanted to talk about, let me based on the logic that there are no go better. I do not believe that is true. make it clear there are many areas of markets. Our Democrat colleagues do But I want to go beyond simply the country that are suffering from not largely believe in markets and do pointing out the superiority of the drought. We have a long tradition, an not, by and large, believe in the basic Cochran approach to the Democrat established program. I have been sup- principles of economics. They would substitute. I want to raise a question portive of that program and I intend to rather the Government make the price about both because there is another continue to be. of farm products. So it is not sur- force at work that nobody is talking What I want to talk about is not the prising that their substitute has grown about, and with which we are going to drought. What I want to talk about is from $9.9 billion to $10.7 billion, 50 per- have to come to grips. Frankly, in rep- what is happening in agriculture and cent bigger than Senator COCHRAN, but resenting a farm State, it is something my concern that we are partially they would basically begin to take about which I worry. misreading what is happening. I want steps to go back to the old supply man- It is a blessing that creates a prob- to talk about farm prices, and I want agement program where the Govern- lem. The blessing is that while Amer- to talk about the two remedies that ment would be the setter of prices and ica is in the midst of a technological have been proposed and that are cur- where we would, in essence, take Amer- explosion, technology in agriculture is rently before the Senate, and I want to ican agriculture ultimately under this growing twice as fast as technology in voice my concern about both of them. program out of the world market. the economy as a whole. Productivity

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10081 per farm worker is growing twice as grimmest tale in agriculture, is that I am sure all of my colleagues are fast as the productivity of the worker the current farm program is doing a lot aware that from the disaster assistance in the economy as a whole. So there is for American agriculture. for agriculture last year, still some of an underlying factor which is driving Last year, the American farm pro- those programs have yet to be spent by down farm prices which has nothing to gram, in dealing with a decline in the Clinton administration. So rather do with the Asian financial crisis. That prices, put into American agricultural than getting in a bidding contest, it underlying factor is the explosion of $12.2 billion of income. Under the exist- seems to me, with all due respect, that farm technology. Farm technology, by ing programs that are in place, through what we ought to be doing is waiting driving down the cost of production, is guaranteed minimum prices, and other until our crops are harvested and as- driving down the cost of farm products programs, we are looking already, sess what farm income is, compare it by increasing supply. without any legislative action, because to a norm for the recent historic pe- Let me give an example of it. We of the way the current law is written, riod, and then decide what we want to have fewer chickens in America today at the taxpayer paying $16.6 billion of do to try to make a correction, see to than we had 10 years ago. Yet we are payments to farmers. Or, in other the extent to which programs that are producing more poultry. We have fewer words, when the Department of Agri- now in effect have an impact on farm pigs today and yet we are producing culture estimates that net farm income income, and then figure out what the more pork. How is that possible? Be- next year is $43.8 billion, 39 percent of gap is compared to the norm, and then that estimate is made up of payments cause of a technological revolution decide who lost money, and then see that are being made under the existing that is occurring in American agri- what we might do about it. culture. farm program. But with $10.7 billion, if you spent Especially when our Democrat col- As I look at agriculture and as I look the money by giving it to farmers, you leagues get up and talk about the sky at the use of sensors, as I look at the falling, they completely leave out of would drive incomes far above the na- use of new technology, nobody can the story that under existing programs tional norm, you would be overcompen- know the future but it seems to me, we have guaranteed minimum prices, sating, in some cases, several times; looking at it—the only way we can see through our loan program, that will and in reality, much of this money the future is by looking to the past. mean $16.6 billion of payments from goes to a bureaucracy in Washington Looking at the recent past, it seems to the Federal Treasury to the American and not to the farmer. me we are probably on the edge of an farmer without any legislative action So I am sorry that we have gotten explosion of technology driven by bio- whatsoever by the Congress. into this debate, which ultimately had technology, driven by sensing devices, So I guess the first question that I to come when we brought up Ag appro- driven by the communication age pose is, that if farm income today is priations because we are going to have where we are probably looking at a 20- $2.9 billion below the average of the an election on the first Tuesday after year period where the natural trend in last 5 years, and if the income for the the first Monday of next year. So we farm prices, independent of the Asian last 5 years has been the highest level are engaged in this political bidding financial crisis, will be down. of income in the modern era, Why are contest for the support of American ag- Please do not believe because I say we talking about $10.7 billion of new riculture. I do not see how these kinds this that I want the trend to be down. payments to American agriculture? of numbers can be justified, especially But I think if we are going to set out From where did the $10.7 billion when we do not know what farm in- a long-term policy, we have to under- come? And $10.7 billion added to the come is going to be. stand the world at which we are look- level of farm income today would put Let me also say that this appropria- ing. I believe these technological average farm income substantially tions bill does not even go into effect changes, which are partially respon- above the average for the last 5 years, until October 1. Not one penny that sible now for declining farm prices, are substantially above the average for the would be spent by the adoption of ei- probably not going to go away. last 8 years, and substantially above ther one of these amendments will be One of the things I think that is hid- the average of farm income in the mod- available to farmers until October 1, den—I will get to these figures in a mo- ern era of America. From where did the and given the record of the Clinton ad- ment—is that while farm prices are $10.7 billion come? ministration, it is highly probable that down, so are farm costs. So this is lead- It seems to me that the $10.7 billion most of this money won’t even be dis- ing some people to look at farm prices figure is simply a political figure. It tributed until next year. My point is, and define a financial crisis which is started out fairly low at the beginning why don’t we wait until we have the clearly there but not to the degree that of the year. It has gotten bigger every actual data, until we know who actu- the price of the final product alone month. I now understand that in the ally lost money, and make a rational would show. House, Democrats are asking for $12.9 decision. Let me note that we had a recent es- billion. So what is happening is we are Another point I would like to timate come out by USDA of net farm in a bidding contest. make—— income. Let me also remind my Demo- Let me also say that in terms of the Mr. DORGAN. Will the Senator yield crat colleagues that the Clinton admin- $6.9 billion that has been proposed on for a unanimous consent request? istration runs the Department of Agri- our side of the aisle, I do not see the Mr. GRAMM. I am happy to yield. culture, not the Republican majority logic of that number, either. It seems Mr. DORGAN. Mr. President, because in Congress. The Clinton administra- to me that since we have a loan proof another engagement, I ask unani- tion is now forecasting 1999 farm in- gram which in some cases has yet to be mous consent that I be recognized to come to be $43.8 billion. Farm income triggered because we have not har- speak at 2:15 when the Senate recon- in 1998 was $44.1 billion. So that is vested the crops, so that we do not venes. three-tenths of $1 billion below last know, in the final analysis, the extent The PRESIDING OFFICER. Without year. of the drought or the impact of the objection, it is so ordered. If you look at the last 8 years, from bumper crop that is being produced in Mr. GRAMM. Mr. President, there 1990 through 1998, average farm income some parts of the country —we know are some other figures I think we need has been $45.7 billion. We are looking the impact on price for corn and wheat to look at in deciding what we should at an income level that is basically $1.9 and cotton and soybeans; we have a be doing. I want to raise these. I know billion below that level. If you look at guaranteed minimum price—the log- people are going to object to the fact the last 5 years of average farm in- ical thing to do would be to not get in- that someone would actually try to come, it has been $46.7 billion. So in volved in a political bidding game but raise concerns about the actual num- looking at that number, we are looking to simply allow the crop to be har- bers we are talking about in American at an income level there where we are vested, assess the drought damage, and agriculture, when we are engaged in a about $2.9 billion below that level. decide how much to do and how to tar- debate about trying to outbid each Part of the story that is not being get it to the people who have actually other and spending money. This is from told in this debate, as we sort of jockey lost money instead of a giant effort to the Economic Research Service of the back and forth as to who can tell the simply throw money at the problem. U.S. Department of Agriculture. This

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10082 CONGRESSIONAL RECORD — SENATE August 3, 1999 is their agricultural outlook, just pub- culture who has to go in and say: You crisis. But it is not so. In fact, equity, lished in July of this year on page 55. cut back production by 20 percent; you by the U.S. Department of Agriculture, Let me tell my colleagues why this is plant this crop; you plant that crop; we is projected to not only rise but to rise important, and then I will go through will guarantee your prices. We will substantially in 1999, to rise from $954.3 the numbers. Why this is important is, have artificial scarcity, and then we billion to $971.2 billion. How can farm we are basically pointing fingers back will make all this work through Gov- equity be rising when we have a crisis and forth saying we are not doing ernment edict. What is the justifica- of such magnitude that we are debating enough for American agriculture and tion for all these program proposals? having the Government take over that we ought to spend $10.7 billion or The justification, you would think, American agriculture? we ought to spend, in the House, $12.9 would be that farm debt is exploding; Well, the reality is, it is rising. billion. I will go over a few figures right? We are having a crisis? Let me mention two other figures. which stand out to me in that somehow Does anybody listening to this debate Could anybody listening to this debate what is being shown in the actual num- believe that farm debt in America is believe that the debt-to-equity ratio in bers about agriculture and what is not exploding? You would never believe American agriculture is actually de- being debated on the floor of the Sen- it wasn’t exploding. You would think clining in 1999 or that equity is rising ate are two entirely different things. farmers are going deeper and deeper and debt is falling? Could you believe Facts are persistent things. In listen- and deeper into debt. You would be that, listening to this debate? You ing, especially to our colleagues on the wrong. In fact, the USDA estimate is probably could not, but it is. And in Democrat side of the aisle, one would that farm debt will actually decline in terms of debt-to-assets, it is also de- assume that farm assets are falling 1999, and it will decline from $170.4 bil- clining from a ratio of 15.2 to a ratio of right through the floor. One would as- lion to $169.1 billion. 14.8. sume we are virtually back in the De- What would you think would be hap- Now, the reason I went through all pression and the Dust Bowl and that pening to real estate debt? In listening these numbers is, we should not be hav- USDA initial estimates for 1999 would to our Democrat colleagues talk about ing this debate right now. This has be falling dramatically. Anybody who how we have to have the Government turned into a political bidding contest is listening to this debate would be- take over agriculture and go back to a where we are literally bidding to see lieve that is true. program where you basically work off who can spend more money. We need to Well, it is not true. In fact, in 1998, Government edicts because of a col- know what is going to happen in terms the preliminary number is that the lapse in agriculture, you would think of this year’s harvest, and we need to total value of farm assets was real estate debt is rising. People are know what farm income is when the $1,124,700,000,000. The initial estimate having to borrow money against their harvest is in, before we set out a pro- by USDA—this is the Clinton adminis- land. They are having massive fore- gram to spend billions and billions of tration—is that farm assets at the end closures. Could anybody listening to dollars to, A, be sure we are helping of this year will be $1,140,300,000,000. So this debate not believe that real estate the people who need help and, B, be while we are talking about the world debt was exploding in America? They sure that the program makes sense. coming to an end in agriculture, we couldn’t. They would know it had to be There are some things we should be have to junk the farm program and go happening. But facts are persistent doing. We should be working to open back to letting Government dictate things. The fact is that real estate debt world markets. Part of Freedom to farm prices and engage in artificial is actually declining in America. The Farm was a commitment to change scarcity and pay farmers not to plant projection by USDA is that the amount trade policy. We ought to be debating and basically turn agriculture into one of real estate debt that farmers and trade today. We ought to be talking giant cooperative on the Soviet style ranchers have will decline from $87.6 about how we can get the President to plan because of the collapse in Amer- billion to $86.7 billion. go ahead and finish the negotiations ican agriculture. The reality is that we Could anybody listen to this debate with China on WTO accession, so that are projecting farm assets to rise this and not believe that non-real estate they would have to lower their trade year and not fall. In fact, last year was debt that farmers have is exploding? barriers against American agriculture. a terrible year in agriculture. We had a That is not possible. You listen to this We should be debating taxes today. We huge farm payment at the end of the debate, you have to conclude that committed to a program of letting year as part of our emergency spend- every farmer in America is going deep- farmers not only income average but to ing. er and deeper and deeper into debt. set aside a certain amount of income What do you think happened to farm They are borrowing money. They are for a 5-year period, so that when times assets last year? They went up, not losing money. There is a catastrophe, a are good, they can set aside money so down. They rose from $1,088,800,000,000 crisis, and we have to have Govern- they have it when times are bad. to $1,124,000,000,000. Something about ment take over agriculture. But as- We ought to be talking about risk this picture doesn’t fit. tounding as it is, when you look at the management and what we can do to Let me go on. What do you think is numbers, non-real estate debt in agri- deal with it. We ought to be talking happening to financial assets held by culture is actually projected to decline about regulatory reform, where regula- American farmers and ranchers? If you in 1999 from $82.8 billion to $82.4 billion. tions are having a heavier and heavier listen to all this doomsday scenario Finally, there could be no doubt burden on American agriculture. But from our Democrat colleagues about about it, listening to this debate. Eq- we are not. What we are doing is talk- how we have to junk the farm program uity in farms and ranches in America ing about spending vast sums of money and go back to a Government-run pro- has to be plummeting. There is no way when we have no documentation of the gram, you would think farmers and that you can have all these catas- exact magnitude of our problem or the ranchers are having to sell off financial trophes we have heard about, leading distribution of that problem. assets, cash in their retirement, with- us to the argument that we need to Now, I know the vote is going to be draw money out of the bank, close spend in excess of $10 billion right now on, and I know we are going to have it down their IRAs to try to stay in agri- in agriculture, and we need to junk our this afternoon. I know we are going to culture. whole export production-based farm have an opportunity to spend $10.7 bil- Facts are persistent things. In fact, system to go back to a program that lion to junk the American farm pro- we are projecting that financial assets we couldn’t make work in a simpler era gram and go back to supply manage- held by American agriculture will ac- when the Government basically ran ag- ment. I know we are going to have a tually rise this year from $50 billion to riculture. No one could doubt, not one vote on spending $6.9 billion to keep $51 billion. person who listened to this debate, if the current system and just allocate Now, what do you think is happening you did a survey, not one person in $6.9 billion to be given away if and to farm debt? You listen to all of this 1,000 would have any doubt that farm when, later on, the administration gets doomsday discussion about how we equity, the equity of farmers and around to allocating it. But surely have to junk the farm program and ranchers, what they own, has to be de- there must be some question raised have an American commissar of agri- clining as a result of this agricultural when average farm income for the last

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10083 5 years has been $46.7 billion. The pro- Now, I would like farm income to be I seek the help of the distinguished jection by USDA is that farm income high. But the point is, I am afraid we manager of the bill, Mr. COCHRAN, who will be $43.8 billion, and the adoption of are overriding the natural adjustment is my friend. I ask unanimous consent either one of these amendments will mechanism whereby, as people can that I may proceed at this point. produce farm income far above the av- produce more and more product with Would it be the wish of the manager, erage of the last 5 years. fewer inputs, what tends to happen is, then, that the Senate recess, and the Why is that a problem? It is a prob- they put fewer inputs into the indus- others on the list be recognized fol- lem because if I am right that this ex- try. If I am right about this technology lowing the conferences? plosion of technology in agriculture, change, we are, with either one of these Mr. COCHRAN. Mr. President, if the which is growing twice as fast in terms dollar figures, planting a seed that is Senator will yield, I think that is a of technological advances as the whole going to destroy American agriculture good suggestion. economy, if this is going to mean that as we know it because we are going to Mr. BYRD. Very well. I thank the for 20 years we are going to tend to end up exacerbating oversupply and Senator. have downward pressure on agriculture driving prices further and further The PRESIDING OFFICER. Without prices because of expansion in produc- down, and then we are going to have no objection, it is so ordered. tion and lower cost of production, to be choice except to let an awful lot of peo- Mr. BAUCUS. Mr. President, I was on in essence subsidizing and encouraging ple go broke or to have the Govern- the floor and objected. people to come into agriculture, or ment come in and say: OK, you produce Mr. BYRD. If the Senator will allow stay in it if they are inefficient, we are at 50 percent of your capacity, and you me, I haven’t forgotten my promise to working counter to what we know has produce at 50 percent of your capacity. the Senator. to happen for agricultural prosperity I just wish we were having somebody Mr. President, I ask unanimous con- to occur. sent that following the recognition of The reason I went to the trouble to look at these kinds of problems before we got into this bidding war in the Mr. DORGAN, in order to comport with come over here and raise all these un- the understanding that there be alter- pleasant facts in the midst of a debate midst of an Agriculture appropriation bill. I wish we could wait until the fall native speakers, that a Republican about giving money is that there is one Senator be recognized, and that he other figure that just is extraordinary and know what the losses were. None of this money will be available until Oc- then be followed by Mr. BAUCUS. This to me. What would you think is hap- will all occur after the conference pening to the amount of land being tober 1. Then we can come up with a reasonable program to try to com- luncheons. rented by American farmers? Prices Mr. COCHRAN. Mr. President, I have pensate for some of these losses. But to are falling. We had prices falling last no objection. I think that is a good simply be making up numbers in the year, and we had an emergency spend- suggestion. ing bill. What would you think would billions is very dangerous and irrespon- I thank the distinguished Senator be happening to cash rents? Well, ev- sible, and we could end up really hurt- from West Virginia. erything I know about economics and ing the most efficient farmers and Mr. BYRD. I thank the distinguished about agriculture would tell me that, ranchers. Senator. knowing what happened last year with I thank my colleagues for giving me Mr. BAUCUS. I thank the Senator. prices declining and knowing the pro- all this time. I yield the floor. The PRESIDING OFFICER. Without jections for this year, cash rents would Mr. BYRD addressed the Chair. objection, it is so ordered. have gone down. Everything you know The PRESIDING OFFICER. The The Senator from West Virginia. would suggest that. But, in reality, Chair recognizes the Senator from Mr. BYRD. Mr. President, what is the cash rents are up—up—so that farmers West Virginia. Chair’s understanding as to how long I are spending more money renting land Mr. BYRD. Mr. President, has the will speak and when the Senate will re- in 1999 than they did in 1998. What does order been entered as yet with ref- cess for the conference luncheons? that suggest? Well, it suggests that erence to the conference luncheons The PRESIDING OFFICER. It is the what we did in 1998 actually pulled in today? Chair’s understanding that the Senator more production, not less, and that we The PRESIDING OFFICER. Yes, it will speak as long as he wishes. actually contributed to this problem has. Mr. BYRD. After which the con- by what we did in 1998. Mr. BYRD. Mr. President, I ask unan- ference luncheons will occur. The world is not going to come to an imous consent that the time for the The PRESIDING OFFICER. Until the end if we spend $10.7 billion or $6.9 bil- Senate to recess for those luncheons be hour of 2:15. lion. Every penny of it is going to be temporarily extended for a half hour. Mr. BYRD. Yes. At which time those added to the deficit. That is money The PRESIDING OFFICER. Reserv- Senators on the list as presently drawn that is not going to go to reduce debt, ing the right to object, the Presiding would be recognized in the order stat- or fix Medicare, or pay for Social Secu- Officer has something that I have to do ed. rity. We have all heard and used all in the policy session and would not be The PRESIDING OFFICER. That is those arguments—mostly when it bene- able to Chair. correct. fited our side of the argument. Mr. BYRD. Mr. President, I would be Mr. BYRD. I thank the Chair. But please consider what is going to happy to Chair. Mr. President, usually, in this town, happen if we continue with these pro- I have done a little bit of that. newspaper headlines are about politics. grams where the net impact is to bring The PRESIDING OFFICER. If the re- News stories feature articles about tax more resources into an industry that is quest were propounded to be here to cuts, health care plans, and various having a technological explosion, hear the Senator’s speech, the Chair partisan tactics. which is expanding supply, where we would be willing to do that. But, yesterday’s headline in the are producing more pork with fewer Mr. BYRD. The Chair is very gra- Washington Post, reads ‘‘Drought Is pigs, more poultry with fewer chick- cious. Worst Since Depression,’’ and the story ens—what is going to happen if we con- I ask unanimous consent that I be that follows warns of drought condi- tinue for 3 or 4 more years the kind of permitted to proceed at this point in tions that have gripped the Mid-Atlan- program we had last year, which appar- lieu of Mr. DORGAN. The list of names tic that are second only to the those ently—and I simply raise the concern of Senators, I think, that have been en- seen during the bleak years of the because nobody has mentioned it— tered up to this point would be, as of Great Depression. what is going to happen if we are pay- this moment, Mr. DORGAN, Mr. GRASS- We have begun to feel the pinch of ing so much money that we are actu- LEY, and Mr. BYRD. And I have permis- this drought, with water usage limited ally encouraging more production rath- sion of Mr. DORGAN to substitute my- in certain areas. With these restric- er than compensating people partially self for his name at the moment, and tions, many people are inconvenienced for their losses. The adoption of either let his name fall in place for my name by the loss of their home landscaping one of these amendments will mean under the present circumstance. So it investments—watching their grass, that farm income next year will be would be Mr. BYRD, Mr. GRASSLEY, and flowers, and shrubs slowly withering above the average for the last 5 years. Mr. DORGAN. and turning brown.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10084 CONGRESSIONAL RECORD — SENATE August 3, 1999 But, this drought is more than an in- could be proud, was there with his ani- the state, conditions are much worse. convenience for those employed in one mals. He was there to sell his cattle at Total damages in the state for crop of America’s hardest-working, most this market. He was not there just with losses are more than $100 million. This selfless professions. That is farming. ten or twenty head of cattle. He was figure does not even include the value Farming is hard luck even at best. there with his entire herd. He knew of grazing pasture lost and winter feed I speak of the farmers throughout that he did not have enough feed to eaten during the summer, or losses in- our region, including West Virginia, make it through winter, so despite the curred from selling livestock early, due Virginia, Pennsylvania, Maryland, and fact that his animals would be poor to extreme weather conditions. Delaware, they are more than just in- prospects at auction, he had brought Almost fifty percent of West Vir- convenienced. They are watching their them all to be sold. They had already ginia’s cropland is pasture, forty-six very livelihoods slowly wither and turn consumed the fodder that would other- percent is harvested, and the remain- to dust. wise sustain them through the coming ing four percent is idle. The hay and In West Virginia, this drought has winter months. corn that usually feed the cattle herds devastated—devastated—the lives of This farmer was losing twice. First, are gone. The ponds are shallow and hundreds of family farmers, and I am he would make no profit on the cattle foul, the springs are dried up, and the deeply concerned about the fate of he would sell. Second, he could no wells are dry. West Virginia’s last 17,000 surviving longer afford to keep his herd. It was Although West Virginia farmers are small family farms. West Virginia time to completely liquidate the herd. willing to work day and night to keep farmers work hard on land most often As the farmer unloaded his animals at up with the backbreaking work of held in the same family for genera- the market, there were tears in his farming, no amount of work will re- tions. They farm an average of 194 eyes. stock the dwindling stores of grain acres in the rough mountain terrain, It was too late for this farmer, and if that are now being used to keep ani- and they earn an average of just $25,000 we do not act quickly to get an emer- mals alive at the height of the summer annually. That is $25,000 annually for gency assistance package passed, it growing season, when pastureland 365 days of never-ending labor. will be too late for many, many more should be more than enough to satiate The distinguished occupant of the family farmers throughout the land. an animal’s hunger. No amount of Chair, who hails from Wyoming, under- During our visit to West Virginia, sweat can restore vigor to stunted stands that farming is an every-day, Secretary Glickman declared all fifty- crops that have gone too long without every-week, every-month, 365-day oper- five West Virginia counties a federally a soaking downpour of rain reaching ation every year with no time off. In designated disaster area. West Virginia the deepest roots. There is little that farming there is no time off. That is is not alone, and my provision will these farmers can do to fill their wells $68.50 a day for days that begin at dawn help, if it is accepted, if it is adopted, or farm ponds with water. I traveled to see the damage that the and run past sunset in this scorching will help cattle farmers in Virginia, drought in West Virginia is causing for heat. Today, as the drought lingers on, Maryland, Pennsylvania, and any other farmers. I heard for myself the stories West Virginia farmers, particularly region that receives a natural disaster they told. I saw for myself the impact cattle farmers, find themselves in crit- declaration for excessive heat and this drought is having, and I saw on ical financial circumstances. drought. those tired, drawn faces the impact To address this crisis, I urge my col- During this visit with the Secretary, this drought is having on the bodies, leagues to support the inclusion of a more than twenty farmers and their the minds, and the souls of men and $200 million emergency relief program wives, gathered inside a barn on Mr. women who earn their bread by the for cattle farmers in the Fiscal Year Terry Dunn’s property in Jefferson sweat of their brow, in accordance with 2000 Agricultural Appropriations Bill County to share their personal stories the edict that was issued by the Cre- which is before the Senate. My provi- about how the drought is impacting sion—if enacted—would provide Fed- ator Himself when He drove Adam and them and what kind of help they need. eral disaster payments to cattle farm- Eve from the Garden of Eden. The overwhelming consensus was that ers for losses incurred as a result of We visited a corn field on Terry programs that were designed to work this year’s heat and drought. Com- Dunn’s farm. The reddish soil was dust at a time when our agriculture mar- pensation would depend on the type at my feet. The corn stalks that should kets were strong, are not going to be and level of losses suffered, and would have grown beyond my head by this enough to keep a new generation on be available to cattle farmers in coun- time of the season were barely knee the family farm. ties across the Nation which have re- high. In spite of all types of adversity, fam- ceived a Federal declaration of disaster I wanted to see what kind of ears ily farmers have had the ingenuity to for severe drought and heat conditions. these stunted stalks were producing. My provision provides direct assist- keep their farms working for genera- The ear of corn that I reached down ance to farmers who have dedicated tions. Surely they can be trusted to and selected snapped too easily from their lives to feeding this Nation, and wisely use direct federal payments, and the stalk. This not yet shucked ear of who suffer at the will of Mother Nature with this same time-tested ingenuity, corn was barely bigger than two rolls with no recourse. keep their farms running. Farmers in of quarters. I saw the conditions of the In West Virginia, my emergency West Virginia have wisely diversified cattle and pastureland in West Vir- drought aid for cattle farmers will lit- their crops. In ordinary years, many ginia. I saw the dry, cracked fields; I erally decide the future fate of hun- farmers grow enough different kinds of saw the stunted corn stalks; and I dreds of small family farmers. The crops to be able to feed their animals, heard the stories of farmers. It all drought has sucked the life from the their families, and still take produce to amounts to a heart-breaking picture. land, and is on the verge of draining market for a good portion of the sum- I urge my colleagues to help all cat- the last resources from the pockets of mer. But, the extraordinary times of tle farmers in areas declared as Federal the drought-stricken farmers. this drought require that we act now to disaster areas as a result of excessive As of yesterday, Senator ROCKE- help West Virginia’s farmers and other heat or drought, and to support my FELLER and I went to West Virginia farmers in the non ‘‘farm states’’ who provision in their behalf. My amend- and were there when the Secretary of are currently experiencing difficulties ment will ensure direct relief to the Agriculture, Mr. Glickman, was there as the result of extreme weather condi- cattle farmers in the Northeast af- to witness some of the drought-strick- tions. fected by this natural disaster. It will en areas in the eastern panhandle. According to government statistics, serve to bolster other important aid for On that trip to West Virginia, Gus West Virginia is experiencing some of fruit and crop losses. Douglas, the West Virginia commis- the most severe water shortages in the The sweltering temperatures have sioner of agriculture, told of being at a nation. Crop losses in one county taken their toll on farmers in the Mid- market where animals were being alone, Jefferson County, were esti- Atlantic region. Let us not turn the taken for sale. mated two weeks ago to be almost $8.7 heat up further. Let us support the One farmer, who had worked his en- million and they are above that now. small family farmer in his or her hour tire life breeding a herd of which he In the Potomac Headwaters region of of need.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10085 My amendment is a part of the While this debate was going on, we and, thirdly, that the capital, whether Daschle-Harkin bill. I thank all Sen- have had different approaches, and it it is self-financed or whether it is bor- ators for listening. has brought us to a point where we rowing from the local bank or from an- I yield the floor. have a Republican proposal and a Dem- other generation within the family, is f ocrat proposal and we are talking past controlled by the family farmer—the each other. I am hoping sometime be- management by the family, the labor RECESS fore this debate gets over today and we by the family, and the capital con- The PRESIDING OFFICER. Under have a final document to vote on, that trolled by the family. the previous order, the Senate will now we are able to get together in a Repub- Some people would say: Well, you stand in recess until the hour of 2:15 lican and Democrat way and have a bi- have a lot of corporate farms. I do not p.m. partisan solution, at least for the es- know what percent, but we do have Thereupon, the Senate, at 12:46 p.m., sential aspects of the debate today, corporate family farms. But that is a recessed until 2:15 p.m.; whereupon, the which is to have an infusion of income structure they choose to do business Senate reassembled when called to into agriculture considering that we in, especially if they have a order by the Presiding Officer [Mr. have the lowest prices we have had in multigenerational operation to pass on INHOFE]. a quarter century. from one generation to the other and I think there are two stumbling want to with a little more ease. f blocks to this. I think on the Democrat In addition, some people would say: AGRICULTURE RURAL DEVELOP- side the stumbling block to bipartisan Well, you have a lot of corporate agri- MENT, FOOD AND DRUG ADMIN- cooperation is a belief among some of culture. You might have a lot of cor- ISTRATION, AND RELATED those Members that some of the money porate agriculture in America, but I do AGENCIES APPROPRIATIONS should find its way to the farmers not see a lot of corporate agriculture, ACT, 2000—Continued through changes in the LDP programs at least in grain farming in my State as opposed to the transition payments. of Iowa—mainly because most cor- AMENDMENT NO. 1500 On our side, the stumbling block seems porate people who want to invest their The PRESIDING OFFICER. The Sen- to be that we are locked into no more money do not get the return on land ator from Iowa. than $7 billion to be spent on the agri- and labor through grain production Mr. GRASSLEY. Mr. President, I rise cultural program. that they normally want for a return to support the amendment offered on So I hope somewhere along the line on their money. Of course, that this side of the aisle because I think it we can get a compromise on this side strengthens the opportunity to family meets all the income deficiency needs and a compromise on that side of those farm. But at least when I talk about of American agriculture pretty much two points of contention. Hopefully, we the family farmer, that is the defini- in the same way as the Democrat pro- on this side could see the ability to go tion that I use. posal does, but it also does not spend some over $7 billion—and that the In my State, the average family farm money in a lot of other areas that do Democrats would see an opportunity to is about 340 acres. We have about 92,000 not meet the immediate needs of agri- use the most efficient way of getting farming units in my State. By the way, culture. all the money into the farmer’s pocket if we do not get this agricultural econ- I have always thought of agriculture through the AMTA payments. omy turned around, we are going to and the needs of food production and The reason for doing it that way is have a lot less than 92,000 in a few the process of food and fiber production because we do have a crisis. The best months, as well. in America as kind of a social contract way to respond to that crisis is through Nationwide, there are about 2 million between the 2 percent of the people in that mechanism because within 10 days family farming operations with an av- the United States who earn their liveli- after the President signs the bill, the erage acreage of about 500 acres. So the hood in farming and the rest of the 98 help that we seek to give farmers can average family farm size nationally is percent of the people, as well as a so- be out there, as opposed to a con- bigger than in my State. But remem- cial contract of the last 60 years of voluted way of doing it through the ber, whether you farm 10,000 acres as a some Government involvement and LDP payment. cattle farmer in Wyoming or 2,000 or some Government support of agri- I do not know why we could not get 3,000 acres as a wheat farmer in Kansas culture, particularly in times when in- a bipartisan compromise with each side or 350 as a corn, soybean, or livestock come was very low. giving to that extent—Republicans operation in my State of Iowa, it still Thinking of it as a social contract, willing to spend more money and the is one job or maybe two jobs being cre- then, I do not like to believe there is a Democrats willing to give it out in the ated with all that capital investment. Democrat way of helping farmers or a way that most efficiently can be done. Let me tell you, it takes a tremen- Republican way of helping farmers. I So I see ourselves right now as two dous amount of capital—both machin- like to think of our being able to work ships passing in the night, not speak- ery as well as land—to create one job together on this social contract pretty ing to each other. We ought to be able in agriculture compared to a factory, much the same way we work together to get together to solve this. That is and many times more than for a serv- on Medicare and Social Security—to my hope. I know there are some meet- ice job. So those are the family farmers get agreements when there are changes ings going on about that now. I’m part I am talking about whom I want to made in those programs. of some of those meetings. I hope they protect. In those particular programs—and, can be successful. Earlier in this debate there was some thank God, for most agricultural pro- In the meantime, talking about help- hinting about the problems of the grams—there have not been dramatic ing the family farmer, I think it is very farmers being related directly to the changes over the years unless there has good to have a description of a family situation with the 1996 farm bill. I am been a bipartisan way of accomplishing farm so we kind of know what we are not going to ever say that a farm bill those changes. So, here we are, with a talking about. I am going to give it the is perfectly written and should never Democrat proposal and a Republican way I understand it in the Midwest, be looked at, but I think when you proposal. People watching this and not only in my State of Iowa. have a 7-year program, to make a judg- throughout the country, then, have But it seems to me there are three ment after 31⁄2 years that it ought to be their cynicism reinforced about how factors that are essential in a family changed, then what was the point in Congress does not cooperate. farming operation: That the family having a 7-year program in the first While this debate has not been going makes all the management decisions; place? on just today and yesterday but over that the family provides all or most of It was that we wanted to bring some the last 2 or 3 months, there was an as- the labor—that does not preclude the certainty for the family farmer with- sumption that there would be help for hiring of some help sometimes or out politics meddling in their business. agriculture under almost any cir- maybe even a little bit of help for a A 7-year program was better than a 4- cumstances; it was just a question of long period of time; but still most of or 5- or 6-year program. So we wanted how to do it and exactly how much. the labor being done by the family— to bring some certainty to agriculture.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10086 CONGRESSIONAL RECORD — SENATE August 3, 1999 Obviously, a 7-year program does that with their bringing to the attention of bean and other oilseed producers. I am more so than a shorter program. So a our colleagues the seriousness of that proud to say that Iowa is No. 1 in the family farm manager would not have problem. But they should not leave the Nation in the production of soybeans, to always be wondering, as he was impression that there is no hope be- but our growers have been hard hit by making decisions for the long term: cause this is America. We have gone devastatingly low prices. Prices for Well, is Washington going to mess this through tough times before. All you soybeans are the lowest they have been up for me as so many times decisions have to do is remember 1985 and 1986 in in nearly a quarter of a century, down made by bureaucrats in Washington agriculture and the 1930s in agri- from the $7-a-bushel range just a cou- have the ability to do? culture. Yet the American family farm ple of years ago to less than $4 today, So I am saying some people here are that was the institution then—prob- which is way, way below the cost of hinting at the 1996 farm bill being that ably on average back in those days of production. That is why I and other way. Others of us are saying that the only about 150 acres nationwide; today Senators representing soybean-pro- trade situation is the problem because that is 500 acres nationwide—was a ducing States wanted to make sure farmers have to sell about a third of smaller operation, but remember, it that soybean growers were not left out their product in export if they are was still run by the family farmer, the of any relief package. going to have a financially profitable family making the management deci- Finally, the Democrat proposal falls situation. sions, the family controlling the cap- short in another very important area. I I want to quote from Wallaces Farm- ital, and the family doing the labor. think it undermines our U.S. negoti- er, January 1998, in which there were Please remember that, even the most ating objectives in the new multilat- tremendous prospects, even just 18 cleverest of doomsayers here today: eral trade negotiations that the United months ago, before the Southeast Asia Don’t give up on America. Don’t give States will launch later this year. It financial crisis was fully known, for op- up on American agriculture. Don’t give will sharply weaken, and perhaps de- portunities for exports to Southeast up on the family farmer. We are in a stroy, our country’s efforts to limit the Asia. That situation for the farmer was partnership during the period of time enormously expensive European Union further exacerbated by the problems in of this farm bill. We have to meet our production subsidies that make it im- Latin America. So I want to quote, obligations, and that is what this de- possible for our farmers to sell to the then, a short statement by a person by bate is about. But this debate ought to 540 million European consumers. the name of John Otte: ‘‘World finan- be about hope for the family farmer as I will say a brief word on that point. cial worries rock grains.’’ well. First, the United States just presented ‘‘Expanding world demand, particularly in I rise in support of our family farm- four papers to the World Trade Organi- Asia, is the cornerstone of the case for con- ers. Agriculture producers are in des- zation in Geneva outlining U.S. objec- tinued strength in corn, wheat and soybean perate need of immediate assistance. tives for the new agriculture negotia- prices,’’ points out Darrel Good, University We need to find the best options avail- tions starting this fall. The first of of Illinois economist. able in these trying times. The Demo- these papers deals with domestic sup- Quoting further from the article: crat proposal attempts to address the port. It states that the United States Asian customers bought 57% of our 1995–96 problems confronting our family farm- negotiating objective with regard to corn exports, 66% of our 1996–97 corn exports ers but, I think, falls short of our most domestic support is a negotiation that and almost 50% of our wheat exports in both important goal, which is providing as- results in ‘‘substantial reductions in years. They [meaning Asian markets] are sistance as quickly as possible. trade-distorting support and stronger important markets. No wonder Asian cur- I realize this disaster affects farmers rules that ensure all production-related rency and stock market problems bring all across the Nation, but at this mo- support is subject to discipline.’’ grain market jitters. ment I am most concerned about my Production-related payments are by ‘‘Signs of stability in Asian financial markets as central banks intervened to support friends and neighbors back home. I am definition trade distorting. They are currency values brought a sigh of relief to concerned that the Democrat alter- exactly the kind of payments that we U.S. commodity markets,’’ says Good. native, by tying revenue relief to the want the European Union to get rid of. ‘‘Whether late fall problems represent an LDP payments, will delay the effi- I don’t know how we can enter into economic hiccup or the beginning of more se- ciency of delivering the payment, un- tough negotiations with Europeans, rious problems is still unknown. However, like the transition payment which is with their production payments our the developments underscore the importance more efficient. No. 1 negotiating target, while we of Asian markets for U.S. crops.’’ The Democratic alternative offers boost our production-related payments We know the end of that story. The provisions that would have a long-term at the same time, which is what is done end of that story is that we did have effect upon agriculture. I don’t want with part of the money under the Dem- that collapse of markets. And it very anyone to misunderstand me on that ocrat proposal. This would undermine dramatically hurt our prosperity in point. There are many things we can do our negotiators and give the Europeans grains in the United States last year, to improve the agricultural economy, plenty of reason to hang tough and to and more so this year. but the task before us today is to de- not give an inch. Now, just to put in perspective the velop and to pass a short-term relief My second point is closely related to debate today, because there is so much package that we can get out to those in the first. We will measure success at crepe-hanging going on, particularly need as quickly as possible. the new world trade talks based on how from the other side of the aisle, there According to the Farm Service Agen- well we do at creating an open global is a quote here by Michael Barone of cy’s estimate, the transition payments trading system. The European Union’s the August 28, 1995, U.S. News and provided to corn growers this year will common agricultural policy nearly World Report. One sentence that will pay out at a rate of 36 cents per bushel. torpedoed world trade negotiations as remind everybody about the greatness The supplemental transition payment early as 1990. The European Union later of our country and our ability to over- Republicans are offering will equal an said it was reforming its common agri- come some of the problems we face additional 36-cent increase on every culture policy, but farm handouts this comes from an article called ‘‘A Cen- bushel of corn produced this year. That year in the European Union will reach tury of Renewal.’’ It is a review of the is 76 cents in assistance for Iowa family $47 billion, nearly half of the entire Eu- 1900s. He says: farmers, before you figure in any in- ropean Union budget. Moreover, the There is something about America that come through the loan deficiency pay- largely production-based European makes things almost always work out very ment. Union subsidies still help those who much better than the cleverest doomsayers As a Senator from my State of Iowa, least need help. Twenty percent of the predict. I believe it is also particularly impor- European Union’s richest farmers re- So for my colleagues, particularly tant to include language providing receive 80 percent of the common agri- those on the other side of the aisle who lief for soybean growers who are not el- culture policy handout. want to hang crepe and want to talk igible for the transition payments. World farming is sliding deeper into about the disastrous situation we are That is why our proposal also contains recession with prices of some commod- in right now, I do not want to find fault $475 million in direct payments to soy- ities at historic lows. Now is not the

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10087 time to give up on pressing the Euro- table, and that there is no President of drought is affecting farmers through- pean Union hard to truly reform this the United States looking out for U.S. out the Eastern United States. When I vastly wasteful subsidy program in interests in those negotiations; and for meet with farmers in New York who their continent. But that is exactly the sake of the American farmer, we tell me they are facing unprecedented what we would end up doing if we go should be at some of those tables—at losses, they are now pointing to letting down the same road of tying part of least those tables where agriculture is fields die off to conserve water, or these payments to production, as the being talked about. other fields. We can’t do anything Democrat alternative would do. We have not given the farmer the about the rain, but the Democratic There are many enemies of agri- regulatory reform that has been prom- amendment would increase section 32 culture market reform in the European ised. And from the standpoint of taxes, funding to give farmers some relief Union who are just looking for any cir- we haven’t given the farmer the oppor- from the devastation on the farm and cumstance to justify their special tunity, through the farmers savings ac- would increase funding for the disaster pleading and to combat and counteract count, to level out the peaks and val- relief fund—something that would help United States negotiators in order for leys of his income by being able to re- New York’s apple and onion farmers the European Union to keep their pro- tain 20 percent of his income to tax in who faced tens of millions in losses last duction subsidies going. I am afraid a low-income year, so that he is not year. that is exactly what the Democrat plan paying high taxes one year and no In urging my colleagues to support would do. I think as chairman of the taxes another year. We haven’t given the Democratic amendment, I simply International Trade Subcommittee, I him the ability to do income averaging ask the Senator from North Dakota, have a responsibility to tell my col- without running into the alternative am I correct in assuming that the leagues this. minimum tax. We haven’t reduced the Democratic amendment does have this We should not hand the European capital gains tax enough. And we still kind of drought relief, which is not in Union an excuse to back away from have the death tax, the estate tax, the other bill? real reform that opens the European which makes a lot of family farmers Mr. DORGAN. The Senator from New Union’s huge agricultural markets to who want to keep the farm in the fam- York is correct. That is one of the dis- American farmers. ily sometimes have to sell the farm to tinctions between these two pieces of The proposal that we pass today pay the inheritance tax, instead of legislation. As the drought spreads should be the fastest and most efficient keeping the family farm and passing it across the eastern seaboard and other option available to help our family down from one generation to another. parts of the country and begins to dev- farmers. The most important thing we Sometimes, if they can’t afford to do astate producers there, there needs to be some disaster relief. We have two can do today is to work towards pro- that, they either make their operation pieces of legislation proposed today, viding emergency revenue relief to our so inefficient that they close down one of which has no disaster relief at farmers as quickly as possible. business or else they have a terrific tax all, even in the face of this increas- It is for that reason I urge my col- burden over them as well. leagues to vote for our Republican al- So here we have an opportunity to— ingly difficult drought. So the Senator from New York, ternative, to provide ample and imme- in the spirit of the 1996 farm bill, when speaking on behalf of producers who diate relief for hard-hit farmers, as- we told the farmers of America we were are hard-hit in New York, is certainly suming we are not able to work out going to have a smooth transition over accurate to say that the amendment some sort of bipartisan agreement be- the next 7 years, we said to them we we have offered provides drought relief tween now and that final vote. are going to set aside $43 billion for I only ask, in closing, for people on and the alternative does not. each of those next 7 years—not for Mr. SCHUMER. I thank the Senator the other side of the aisle who are each, but cumulative for those 7 years. for his generosity. criticizing the 1996 farm bill to remem- This year, it is $5.6 billion. Well, we Mr. DORGAN. Mr. President, this is ber that what we call the 1996 farm bill look back now, and in 1996 we did not not about Republicans and Democrats. relates mostly to agricultural pro- anticipate the dramatic drop-off in ex- I start by saying to my colleague from grams and totally to the subject of ag- ports because we could not have pre- Iowa that I hope, whatever comes from riculture. We need to look beyond that dicted the Southeast Asian financial all of this debate, at the end of the basic legislation and realize there were crisis and the contagion that caught on time we can, as Republicans and Demo- a lot of things promised in conjunction in Latin America. So we are going back crats, find a way to provide appropriate with that farm bill through public pol- now, unapologetically, on keeping a relief to people who are hurting. There icy that we have not given the Amer- promise to the family farmers that we is not a Republican or a Democratic ican farmer, which makes it difficult are going to keep this smooth transi- way to go broke on the family farm. to say we have fully given the Amer- tion we promised them, and that is The destruction of hopes and dreams ican farmer—the family farmer—the what the amount of money we are talk- on the family farm is something that is tools he or she needs to manage their ing about here on the floor is all about. tragic and something to which we need operation in the way they should. The PRESIDING OFFICER. Under to respond. Yes, we have given them the flexi- the previous order, the Senator from This is not of the family farmers’ bility to plant what they want to plant North Dakota is recognized. making. They didn’t cause prices to without waiting for some Washington Mr. DORGAN. Mr. President, I have collapse or the Asian economies to bureaucrat to do that. We have given waited some while to be able to speak have difficulty, and they didn’t cause a them the certainty of a certain transi- on these disaster bills and on this gen- wet cycle or crop disease. It is not tion payment every year, from 1996 eral issue. I am very pleased to have their fault. We must, it seems to me, through the year 2002. We have told the opportunity for my colleague from respond to it. But it is appropriate, I them, with the 7-year farm program, New York who asked if I would yield think, for there to be differences in the that they have 7 years where we are for a minute for a question. I am happy way we respond. There is a philo- going to have some certainty, political to do that. sophical difference in the way we re- certainty, in Washington of what our Mr. SCHUMER. First, I thank the spond. Also, there has been a difference policies are. But we also promised Senator from North Dakota and Sen- in the aggressiveness and interest in them more trading opportunities. ators HARKIN and DASCHLE for the farm responding. I know that if this kind of We have not made the maximum use aid amendment, and for their hard economic trouble were occurring on of the Export Enhancement Program work. This measure will help farmers Wall Street or in the area of corporate so that we have a level playing field for across the country, including the farm- profits, we would have a legislative our farmers. We have not given the ers of New York State, who were hard ambulance, with its siren, going full President fast track trading authority hit by drought and last year’s storms. speed in trying to find a solution. It so that in the 24 agreements that have We are in the midst of the worst has not been quite so easy because it is been reached around the world among drought since the Dust Bowl in my family farmers. other countries we could have been at State. There is not a penny of relief for Darrel Sudzback is an auctioneer the table, and haven’t been at the farmers with drought assistance. This from Minot, ND. Blake Nicholson, an

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10088 CONGRESSIONAL RECORD — SENATE August 3, 1999 Associated Press writer, wrote a piece this country, they called it death in- drought in our State. It is devastating the other day. He said: surance. You know, death insurance to see. Of course, it is a compound of Darrel Sudzback likens farm sales to fu- didn’t sell too well. So they decided two things: The low commodity prices, nerals. He said, ‘‘If you don’t know the de- that they had better rename it. So which the Senator is demonstrating ceased, you are not likely to get emotional.’’ they renamed it life insurance, and it with his charts—this is not only wheat But more often than not these days, auc- started selling. It was a better name. It but the same thing applies to other tioneers must help a friend or a neighbor sell off a lifetime of hard work. Marvin Hoffman is a product that most Americans need basic commodities as well—and the says, ‘‘It just hurts me to do this. When they and use. drought, which is crippling certain hurt, I hurt.’’ With many families [Mr. Nich- It is interesting. What is in a name. parts of the country. olson writes] sliding deeper into an economic The name for the farm bill a few years We talked to this farmer who has nightmare, the number of farm sales in ago was Freedom to Farm. We passed a been farming ever since he was a young North Dakota continues to rise. ‘‘It used to Freedom to Farm bill. The wheat price boy. His father was a farmer. His be,’’ one auctioneer said, ‘‘that a farm auc- slump on this chart may be grandfather was a farmer. He doesn’t tion was kind of like a social event, a joyful unconnected, or maybe not to Freedom know whether he will be in farming event when somebody was retiring.’’ Julian to Farm. next year because of what has hit Hagen said that he conducted auction sales for 43 years, but he said, ‘‘Now there is a dif- Here are the wheat prices before— them—the combination of the low com- ferent atmosphere at auction sales. If people Freedom to Farm—and wheat prices modity prices and the drought which is know that a man is forced out, that is not a since. Chance? Happenstance? Maybe. now desperately affecting our country. good feeling. It is tough to deal with when Maybe not. Maybe we face a cir- He is not alone. Farmers across you have known a family farmer for quite a cumstance in this country where the Maryland and indeed, the nation, are few years, and now they have to give up a ca- underlying farm bill was never de- finding themselves facing similar cir- reer or property they have had in the family signed to work and allowed for col- cumstances. Nearly one fourth of for generations. I try to stay as upbeat as I lapsed prices. Maybe that is the fact. Maryland’s corn crop is in poor to very can. Bankers in north-central North Dakota poor condition. Likewise, 55 percent of say that area has been hit by 5 years of I want to begin with a bit of history. flooding and crop disease, and many farmers About 40 years ago, a biologist by the pastures and hay fields are in poor or have been forced off the land. name of Rachel Carson wrote a book very poor condition. Milk production People need to think of this problem that in many ways changed our coun- has decreased because of the high tem- in terms of not only lost income, but try. It was called ‘‘The Silent Spring.’’ peratures. And because pastures and assume you are on a farm and you have The book documented how the prod- field crops are in such bad shape, cattle a tractor; you have some land; you ucts of America’s industrial production and dairy farmers are now faced with a have a family; you have hopes and were seeping into our country’s food dilemma, whether or not to sell their dreams. You put a crop in the ground chain. The modern environmental animals or begin feeding them hay and see that this is what has happened movement was also from Rachel Car- which should be utilized over the win- to your income—to your price. son’s book, ‘‘The Silent Spring.’’ ter. Then on top of that, add not only col- Today we face another ‘‘silent Maryland has suffered extensive lapsed prices, but add the worst crop spring’’ in this country. Like the first, drought damage for three consecutive disease in this century—the worst in a it is of a human making. But it is not years. However the drought this year is century in North Dakota. On top of about birds, and it is not about fish. It by far the worst since the depression. that, add a wet spring so that 3.2 mil- involves our country’s independent Yesterday, the United States Geologi- lion acres—yes, I said 3.2 million family farmers and producers. It in- cal Survey reported that we may be in acres—of land could not be planted. It volves our social habitat—the farm the midst of what could become the was left idle. Add all of those things to- communities of which family farmers worst drought of the 20th century. gether, and you have a catastrophe for are the base. Rainfall throughout Maryland is cur- families out there struggling to make a We know that family farmers are rently between 40 and 50 percent below living. hurting. In fact, many would consider normal. Throughout Maryland, coun- Will Rogers was always trying to be it an extraordinary year if they had ties are reporting losses as high as 100 funny. He used to talk about the dif- any opportunity at all to meet their percent for certain crops. Most alarm- ference between Republicans and cost of production. I know of cases that ingly, there is no end in sight. Democrats. He said on April 6, 1930, break my heart—people who have But the crisis affecting agriculture is ‘‘Even the Lord couldn’t stand to wait fought for decades, and now are losing about more than the drought. The dra- on the Republicans forever.’’ everything they have. What is worse is matic drop in commodity prices, since He was talking about the farm pro- that some opinion leaders are starting the enactment of the Freedom to Farm gram. to throw in the towel. They say, well, Act, has had its affect on farmers There is a difference, it seems to me. maybe family farming is a relic of the throughout the country and the State There is a difference between Repub- past. Maybe it is not of value to our of Maryland. The poultry industry, licans and Democrats in how we con- country anymore. Maybe it is time to which is Maryland’s largest agricul- struct a solution to the disaster and do something else. tural producer, has witnessed a 45-per- the crisis, and how we feel the under- I don’t buy that at all. I think one cent decrease in exports. The situation lying farm bill should be changed. thing we can say about the future is for farmers is bleak and many are los- Will Rogers also said, ‘‘If farmers that people will be eating. The world’s ing their businesses. could harvest the political promises population is growing rapidly. Every Mr. President, Maryland depends on made to them, they would be sitting month in this world we add another agriculture. Agriculture is Maryland’s pretty.’’ New York City in population. Every largest industry contributing more I want to talk a bit about those polit- single month, another New York City than $11 billion annually to our econ- ical promises—the political promises in population is added to our globe. We omy. More than 350,000 Marylanders— given farmers early on to say that we know there is no more farmland being some 14 percent of our State’s work- want to get rid of the farm program as created on this Earth. It doesn’t take a force—are employed in all aspects of we know it in this country, get rid of genius to put those two together. agriculture from farm production of the safety net as we know it, and cre- Mr. SARBANES. Will the Senator wholesaling and retaining. Forty perate something called ‘‘transition pay- yield? cent of our State’s land is in agri- ments’’ under the Freedom to Farm Mr. DORGAN. I am happy to yield. culture—more than 2 million acres. So bill. Mr. SARBANES. I want to under- when our family farmers and the farm I mentioned yesterday that the title score the point the distinguished Sen- economy start hurting—everyone suf- was interesting to me. Sometimes tiator from North Dakota is making. fers. tles can change how people perceive Yesterday, I had the opportunity to Our farmers are in trouble and they things notwithstanding what might be go with Secretary Glickman and Gov- deserve our assistance. This measure the real part of a proposal. Early on ernor Glendening to visit one of the provides that assistance in the form of when people began to sell insurance in farms that has been affected by the direct payments and low interest loans.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10089 It gives nearly $11 billion in emergency There is a larger issue than dollars There is an interesting debate among assistance to farmers and ranchers who and cents; namely, the kind of country economists about all of these issues. have been affected by natural disaster we are going to be. First, is there a crisis? Listening to and economic crisis. $6 billion of that It is not fashionable to raise all of part of the debate this morning one amount will deliver income assistance these issues. We are supposed to keep would think there is nothing wrong on to farmers hit hard by the economic our mouths shut and cash in on the the family farm. Is there a crisis? disaster. And more than $2.6 billion stock market which has done quite Would anyone in this country be feel- will be used to address natural disas- well. But the Founding Fathers didn’t ing there is a crisis if this is what hap- ters such as the drought. Within the create this country primarily to be an pened to their income? If any sector of disaster funds, nearly $300 million in engine of stock market riches or rising the American economy had this happen section 32 and disaster reserve funds gross domestic product. They created to their income, would they consider it has been included to specifically ad- this country to promote a way of life a crisis? The answer is, of course. dress the Mid-Atlantic drought. based on freedom and democracy and I had a farmer come to a meeting Mr. President, the need for this independent producers in contrast to who farmed the lands that his amendment is real. Until we are able to the aristocracy they left behind in Eu- granddad farmed, his dad farmed, and reform the Freedom to Farm Act or rope. he farmed. He stood up and said: For 23 manufacture rain, these funds are vital The concept of independence and years, I farmed this land. His chin to the preservation of the farm indus- freedom was rooted in the land, and began to quiver and his eyes began to try throughout the State of Maryland they couldn’t conceive of these things water. He could hardly speak. He said: and the United States. being separate. I’m going to have to leave this farm. In my judgment, it is imperative that Wendell Berry, a farmer, testified re- Anyone could tell he loved what he we pass this legislation. cently in Washington at a hearing that did. He was going to lose the farm that I very much appreciate the Senator I chaired. He said: his granddad, dad, and he had farmed from North Dakota yielding. I want to Thomas Jefferson thought the small land for those many decades. Is that a cri- underscore the crisis nature of the sit- owners were the most precious part of state, sis? I think so. uation to which he is referring. and he thought government should give pri- In my State, add to the fact that in- I want to acknowledge the consistent ority to their survival. But increasingly, comes have collapsed because of price since World War II our government’s mani- and effective leadership which he has fest policy has been to get rid of them. This collapses, 3.2 million acres were not exercised on many of these farm issues. country is paying a price for this. That price planted because of wet conditions in He and others of us expressed concerns doesn’t show up on the supermarket shelves the spring—3.2 million acres. A young and questions at the time the 1996 act but rather our Nation’s spirit and our char- boy wrote some while ago and said: My was passed. Much of that now seems to acter. dad could feed 180 people and he can’t have come around to hit us—com- Independent family-based agriculture feed his family. pounded, of course, by these serious produces more than wheat, beef, and Is that a crisis? Of course. weather circumstances which exist not pork. It produces a society and a cul- Why the crisis? I mentioned collapsed in all parts of the country but in cer- ture, our main streets, our equipment prices and a wet spring and the worst tain parts of the country. dealers, our schools, our churches, and crop disease in the century in our part I thank the Senator for yielding. our hospitals. It is the ‘‘culture’’ in ag- of the country. This notion of a farm Mr. DORGAN. I thank the Senator riculture. Take away family-based pro- bill that says the free market shall de- from Maryland. He is talking about a ducers and all that is left are calories. termine what happens in agriculture, drought which is devastating part of That is a radical change in our coun- by cutting the tether and turning it all our country even as collapsed prices try. I am not talking about rural senti- loose, finds you scratching your head have been devastating wheat farmers mentalism or nostalgia. It is some- and wondering, gee, why didn’t this and the grain farmers in my part of the thing we know from experience. Rural work out the way we thought? Because country. communities work. They have so many the market isn’t free. It never has been I want to respond to some things that of the things the Americans all over free and never will be free. were said earlier today that somehow this country say they want, including That bill that says we will transition we are not as efficient as we need to be stable families, low crime rates, neigh- farmers out of any help, over 7 years as family farmers. borliness, a volunteer spirit. that bill transitions farmers into a In my judgment—and I think the evi- In my hometown of Regent, ND, they marketplace that is fixed. Does any- dence supports this—the family farmer still leave the keys in the car when body know what kind of tariff we have in our country is as productive as any they park on Main Street. Try doing putting beef into Japan at this mo- in the world. It supports our rural com- that here. Many Americans have plen- ment? I guess it costs $30 or $35 a pound munities in ways that corporations ty of food on their tables, but what to buy T-bone steak in Tokyo. Does never will and never can. they feel is a growing dearth of the anybody know what tariff exists on Family farmers have faced hard qualities that they want most are the beef going into Japan? Very close to 50 times before. This is not something qualities that farm communities rep- percent. That is a failed free market by new. The history of farming is a his- resent. It would be insane, in my judg- any definition anywhere. That is after tory of difficulty. But never before has ment, to stand by and let these com- we reached an agreement with them 10 the Federal Government done so little munities wither on the vine by neglect- years ago. to help and so much to push the pro- ing the economic base that sustains How about China? They consume half ducer off the edge. them. the world’s pork. Are we delivering a On top of the floods that we have Yes, the Nation’s financial establish- lot of hogs into China? No, we have a talked about and the drought and the ment is enthused about that prospect. $50 billion to $60 billion trade deficit slump in the foreign markets, our It can’t wait to turn hog barns into with China and we are not exporting farmers are facing a plague of delib- agrifactories and more. However, that enough hogs into China. erate public policies—yes, established will not advance this country’s inter- What about wheat in Canada? No. I here in Washington—that undermine ests. We can’t stop bad weather and we drove to the border of Canada with a their economic interest. They face can’t stop unruly markets, but we can truck and couldn’t get the wheat into trade agreements designed for the con- change Federal policies that turn ad- Canada. I stopped at the border, and all venience of food processors rather than versity into quicksand for family farm- the way to the border, semitruckload food producers. They face a ‘‘see-no- ers. after semitruckload after evil’’ posture toward antitrust enforce- I listened to a ringing defense of the semitruckload was coming into this ment that has left family farmers sell- current farm program. I listened to one country, hauling Canadian grain into ing into controlled markets that dic- of my colleagues who was an econo- our country and undercutting our tate the terms to them. On top of that, mist, and I mentioned before I used to farmer’s prices. We sit at the border they face a 1996 farm bill that fun- teach economics but was able to over- trying to go north, you can’t. The bor- damentally doesn’t and can’t work. come that and go on to think clearly. der coming south is flooded by millions

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10090 CONGRESSIONAL RECORD — SENATE August 3, 1999 of wheat acres, unfairly subsidized, socialism and leftists. What a bunch of Mr. HARKIN. If the Senator will sold to us by a Canadian wheat board. nonsense. yield? It is a state monopoly and would be il- The fact is, the same kind of debate Mr. DORGAN. I will be happy to legal in this country, with it’s secret includes this: We are no longer the yield. prices. Our trade officials downtown most efficient in farming. I heard that Mr. HARKIN. First, I thank the Sen- wouldn’t lift a finger—never have and this morning. We are no longer the ator from North Dakota for his state- never will—to deal with the unfair most efficient in farming. Nonsense. ment, which is exemplary in its clar- trade practices. Show me who is better. Tell me who is ity. The arguments the Senator has I mention Japan, China, and Canada. better. I am sick and tired of this made, the point he made, this should I could list other countries for an hour, ‘‘blame America first’’ notion. We lose crystallize clearly what this debate is but I won’t. Then we say to the family because we are no longer the most effi- all about, what is happening, what we farmers, operate in a free marketplace. cient. Tell me who is more efficient are all talking about. That is what we have created, a mar- anywhere else in the world. Stop blam- I picked up on one thing the Senator ketplace that is fundamentally corrupt ing this country first for everything. said—that under the Republican’s pro- with respect to fairness to our family If we had a free market, if we had posal the payments would go out with- farmers. open markets, if we had fair competi- out regard to whether someone was My colleague this morning, Senator tion, if we didn’t have policymakers producing anything or not; it could ac- CONRAD, talked about the Europeans setting up family farmers for failure, tually go out to absentee landlords, subsidizing exports to the tune of ten and if they paid as much attention to people who are not on the farm, hadn’t times our subsidies. Is that fair com- the family economic unit—which ap- even planted anything. petition? I don’t think so. parently has no value to a lot of folks As the Senator knows, the AMTA Over and over and over, if it is not in this country—as we do for the cor- payments that are in their bill go out just unfair competition in selling, sell- porate economic unit, maybe we would without regard to whether they are ing into our marketplace with products see some policies that would say to planting anything or not. It is based that ought not be allowed, produced family farmers, you matter in this upon outdated, outmoded provisions of with growth hormones or produced country’s future and we want to keep base acreages and proven yields. It goes with chemicals that we wouldn’t allow you. back as far as 20 years. to be used in this country on animals I do not understand much of this de- I wonder if it occurred to the Senator or grains—that happens every day in bate, except we face the requirement to from North Dakota—I heard a couple of every way. do two things, and we need to do them Republicans this morning talk about We produce canola in this country soon. First, we must respond to a farm the failed policies of the past. Yet they and we are prevented from using a crisis. That is the purpose of the two are basing their payments on a policy chemical on the canola that we would bills on the floor of the Senate today. that goes back 20 years, base acreages purchase from Canada because that We do it in very different ways. and proven yields, which any farmer chemical can’t be allowed into the As my colleague from New York will tell you has no basis in reality as country. However, the Canadians can mentioned, the majority party bill to what is going on in the farm today. use that chemical on their canola, doesn’t even respond to any part of the I am curious. Does the Senator have plant the canola, harvest it, and ship it disaster; there are no disaster provi- any idea why they would want to make into Belfield, ND, to put it at a crush- sions at all. Of course, we have a sub- payments based on something that is ing plant, crush it, and put it into our stantial part of this country now fac- not even happening out there today? It food chain. ing a serious drought, so it is a very se- is not even based on production, not My farmers say: Why is that the rious problem. We have very different helping the family farmer. I am still a case? What is going on here? ways in which we provide income sup- little confused as to why they would What is going on here is family farm- port to family farmers. The majority suggest that kind of payment mecha- ers have been set up in every single party follows the Freedom to Farm nism rather than what we are sug- way, set up for failure. bill, which of course is a total flop, gesting, which goes out to farmers I heard this morning what was being total failure. It gives payments to peo- based on the crops they bring in from proposed here was socialism. I heard ple who are not producing. It says: You the fields. what was being proposed here was are not producing; you are not in trou- Mr. DORGAN. The payment mecha- being proposed by a bunch of leftists. I ble; you don’t have any crop; here’s nism is called an AMTA payment or a heard what was being proposed here some money. What kind of logic is transition payment. This would actu- was being proposed by people who don’t that? It doesn’t make any sense. ally enhance the transition payment. believe in the principles of economics. We propose a mechanism by which we The purpose of a transition payment, I sat here and thought, that is novel; provide help to people who are pro- by its very name, is to transition fam- an interesting, pithy new political de- ducing and are losing money as a result ily farmers out of a farm program. It bate calling people socialists or left- of that production, trying to provide said: Whatever your little boat is, let it ists. Or maybe it isn’t so new. Maybe it help to shore up that family farm. Our float on whatever marketplace exists is just a tired, rheumatoid, calcified position is simple. When prices hit a out there. The problem is, they declare debate by people who can’t think of valley, we want a bridge across that it a free market when in fact it is a anything else to say. valley so family farmers can get across market that is totally stacked against Deciding to stand up and help family that valley. We want to build a bridge, family farmers. So family farmers can- farmers in a time of crisis and trouble and other people want to blow up the not make it in this kind of system. is socialistic? Are you kidding me? It is bridge. But if we don’t take the first This farm bill that provides transi- everything that is right about the in- step to provide some crisis and disaster tion payments is a faulty concept. Yet stincts of this country. relief and then follow it very quickly in even for disaster relief, they cling to When part of this country is in trou- September and October, as I discussed this same faulty concept of moving ble, the rest of the country moves to with my colleague from Iowa and oth- some income out largely because, I help. I wasn’t there, but in the old ers, with a change in the underlying think, they are worried, if they do not wagon train days when we populated farm bill, we will not have done much cling to that, somehow they will be the western part of this country with for farmers. seen as retreating from the farm bill. I wagon trains, one of the first lessons Farmers say to me: We very much would say: Retreat as fast as you can learned was don’t move ahead by leav- appreciate some disaster help, but it from a farm bill that has put us in this ing somebody behind. That is an indel- will not provide the hope that is nec- position on wheat prices. ible lesson. The same is true with this essary for me to plant a crop and be- You may think it is totally unfair to country and its economy. Don’t move lieve that I can make it. We need a say wheat prices have anything to do ahead by leaving some behind. When change in the farm bill. We need a safe- with the farm bill. I don’t know. Maybe family farmers are in trouble, we have ty net that we think has a chance to this is pure coincidence. Maybe it is a responsibility to help, not crow about work for us in the future. just some sort of a cruel irony that we

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10091 passed a new farm bill and all these is, clearly, farm income is collapsing. EXHIBIT 1 prices collapsed. But the point is, I was It is collapsing with grain prices, with EXPORTED TO DEATH hearing this morning discussions from commodity prices generally, and fam- THE FAILURE OF AGRICULTURAL DEREGULATION people who were standing up to say ily farmers are put in terrible trouble (By Robert E. Scott) things are really good on the family as a result of it. Many of them are fac- In 1996, free market Republicans and budg- farm. I did not look closely at their ing extinction. et-cutting Democrats offered farmers a deal: shoes to see whether they had been on I have here a report from the Eco- accept a cut in farm subsidies and, in return, a family farm recently. They looked as nomic Policy Institute that describes the government would promote exports in if they were wearing pretty good pants new trade deals with Latin America and in the almost complete failure of the cur- and shirts and so on. It occurred to me, the World Trade Organization (WTO) and rent farm bill and current strategy. It if things are so good on the family eliminate restrictions on planting decisions. is written by Robert Scott. It is about farm, why are we seeing all these farm In economic terms, farmers were asked to an eight-page report. I ask unanimous take on risks heretofore assumed by the gov- auctions and all this misery and all consent to have that printed in the ernment in exchange for deregulation and this pain and agony with family farm- RECORD following my remarks. the promise of increased exports. ers losing their lifetime of investment? This sounded like a good deal to many Why? Because prices have collapsed. The PRESIDING OFFICER (Ms. COL- farmers, especially since exports and prices Things are not good on the family LINS). Without objection, it is so or- had been rising for several years. Many farm- farm. The current farm bill doesn’t dered. ers and agribusiness interests supported the bill, and it was in keeping with the position work. (See Exhibit 1.) People stand here—I guess I can lis- of many farm representatives and most ten to them—they stand here for hours Mr. DORGAN. Let me make one final members of Congress from farm states who and tell us how wonderful things are point, and then I will relinquish the already supported the WTO, the North Amer- ican Free Trade Agreement (NAFTA), and and how much income the current farm floor. I know my colleagues wish to speak. the extension of fast-track trade negotiating bill is spreading in rural America. I authority, usually in the name of supporting would say, however much income that This is a map of the United States. family farmers. is, it does not make up for the radical, This map shows in red the counties of But for family farmers, the Omnibus Farm total collapse of the grain markets. our country that have lost more than Bill—and the export-led growth strategy What has happened is, we have a pay- 10 percent of their population. It shows upon which it was based—has been a massive ment system that says, under Freedom where people are moving out, not com- failure. The U.S. farm trade balance declined to Farm, when prices are high, you get by more than $13 billion between 1996 and ing in. We have cities growing in var- 1998, and prices have plummeted. August a payment that you do not need, and ious parts of America, but in the center U.S. corn prices fell from $4.30 per bushel in when prices are low, you don’t get a of our country, in the farm belt of our 1996 to $1.89, or 56%. Wheat prices fell from payment that is sufficient to give you country, we are being depopulated. $4.57 per bushel in 1996 to $2.46 in 1998, a drop the help you need. People are leaving. My home county, of 46%. Mr. HARKIN. If the Senator will which is about the size of the State of The combination of export dependence and yield further, the Senator has stated it Rhode Island, was 5,000 people when I deregulation have left increased numbers of family farmers facing extinction. At the absolutely correctly. I was interested left, in population. It is now 3,000. The in the chart there of wheat prices. I same time, U.S. agriculture becomes more neighboring county, which is about the centralized in the hands of large farms and ask the Senator if he would put it back same size, the size of the State of up there again, on wheat prices. It just national and multinational companies. Rhode Island, had 920 people last year. Contrary to the Department of Agri- about mirrors corn and soybeans, all The fact is, people are moving out. culture’s rosy predictions, the plight of the major production crops in the Why? Because family farmers cannot farmers is likely to get worse under current Southwest. make a living. policies. Expanding supplies are likely to I have an article from the Wichita outpace the growth in demand for U.S. farm Eagle, from 1995, I believe. It is an arti- We have had other farm policies that products; restricted access to foreign mar- cle written by the distinguished Sen- have not worked. I mean we have had kets will continue; and the strong dollar, ac- ator from Kansas. I think he was a Democratic and Republican failures. tively supported by the U.S. Treasury, will House Member at the time, Senator Both parties have failed in many ways further depress the prices farmers receive for their goods. ROBERTS. So this article says: in farm policy. It is time to end this cruel hoax on the Good Bill for Farm Reality, by Pat Rob- It is just the circumstance today American family farmer. The U.S. govern- erts. where we have farm prices, in constant ment should: reduce the value of the dollar The first sentence says: dollars, that are at Depression level; in order to boost farm prices; shift subsidies My Freedom to Farm legislation now be- and we have a farm program that, like away from large farms and corporate farmers fore Congress is a new agricultural policy for it or not, was offered by the majority to independent, family-run farms; increase a new century. party that does not work. It does not expenditures for research, development, and ‘‘My Freedom to Farm. . . .’’ That is infrastructure; and support new uses for work at all in the context of what our farm products. by PAT ROBERTS, now Senator ROB- needs are to try to save family farmers. ERTS. I want to read to the Senator FREEDOM TO FAIL: THE OMNIBUS 1996 FARM BILL from North Dakota this paragraph in We will have two votes today: One on For more than a half-century after the there. He says: a disaster package or a price relief Great Depression, government policies Finally, Freedom to Farm enhances the package that offers more help, and one helped create a highly successful U.S. agri- farmer’s total economic situation. In fact, that offers less; one that offers some cultural sector by reducing risks to family the bill results in the highest net farm in- help for disaster relief, and one that farmers. Crop insurance and disaster pro- come over the next seven years of any pro- does not. grams reduced production risk, and a variety posal before Congress. of price and income support programs, plus A whole series of differences exist beset-aside programs that paid farmers to re- He says: tween these proposals. My hope is that move excess land from production, reduced The AMTA payment cushions the Nation’s at the end of this day the Senate will price risks. But the Omnibus 1996 Farm Bill agriculture economy from collapse during have agreed to the proposal that Sen- eliminated price and income supports and re- the 7-year transition process. placed them with annual income payments, ators DASCHLE, HARKIN, CONRAD, my- I have to ask my friend from South to be phased out, on a fixed declining sched- self, and others have helped draft and Dakota, are your farmers receiving the ule, over seven years (Chite and Jickling that we will be able to send a message highest net farm income that they 1999, 2). The 1996 farm bill also eliminated of hope to family farmers, to say, we have received ever in any farm pro- the set-aside program, thus giving farmers, know what is happening, we know we gram? Are they receiving the highest in the words of one commentator, ‘‘the free- need change. This is the first step. The dom to plant what they wanted, when they farm income? And are your farmers second step, in September or October, wanted....With prices rising and global being cushioned by the Freedom to demand soaring, lawmakers and farmers Farm bill? will be to force a fundamental change in our underlying farm policy. were happy to exchange the bureaucratic Mr. DORGAN. I say to the Senator rulebook for the Invisible Hand’’ (Carey from Iowa, the answer to that question Madam President, I yield the floor. 1999).

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10092 CONGRESSIONAL RECORD — SENATE August 3, 1999 The rapid growth in U.S. agricultural ex- many family farmers to the brink of bank- Within this group, the number of large ports—they more than doubled between 1985 ruptcy.1 In this environment, only the larg- farms is growing while small farms are dis- and 1996—encouraged many farmers to buy est and most capital intensive farms are able appearing at a rapid pace, as shown in Table into the deregulation strategy. But rising ex- to survive and prosper. 1. There were 554,000 working farms in the ports have not translated into rising in- Growing concentration throughout the food U.S. in 1993. More than 42,000 farms with rev- comes. Due to globalization and relentless chain declines in the real prices of basic farm prod- enues of less than $250,000 per year dis- ucts, the structure of American agriculture There are about 2 million farms in the appeared between 1994 and 1997, a decline of has been transformed, and, as a result, real U.S., but three-quarters of those generate about 10%. Nearly 20,000 farms with revenues U.S. farm income has been steady or declin- minimal or negative net incomes (USDA in excess of $250,000 per year were added in ing for many years despite the long-run 1996). Since farms with less than $50,000 in this three-year period, an increase of about trend of rising exports. gross revenues tend to be primarily part- 17%. Thus, the U.S. experienced a net loss of In the two decades from 1978 to 1997, real time or recreational ventures, this section about 22,000 farms between 1994 and 1997 grain prices were slashed in half. Then, in analyzes working farms that generate gross 1998, prices fell an additional 10–20%, pushing revenues in excess of $50,000 per year. alone. TABLE 1.—CHANGES IN THE DISTRIBUTION OF WORKING FARMS, 1993–98

Size class (annual sales) $1,000,000 $500,000– $250,000– $100,000– $50,000– or more $999,999 $499,000 249,999 $99,999 Total

1993 ...... 14,980 30,876 70,982 224,823 212,531 554,192 1997 ...... 18,767 34,764 82,984 207,058 187,831 531,404 Percent change ...... 25.3% 12.6% 16.9% ¥7.9% ¥11.6% ¥4.1% Number gained or lost ...... 3,788 3,888 12,001 ¥17,765 ¥24,700 ¥22,788 Number lost with gross incomes of $50,000–250,000 ...... ¥42,465 Source: USDA, Farm Business Economics Briefing Room, Farm Structure Reading Room, A Close-Up Of Changes in Farm Organization (http://usda.mannlib.cornell.edu/usda/).

Corporate influence is growing throughout from farmers. On the input side, considerable in a single firm that would control more the U.S. food supply system. While the share consolidation is taking place among firms than one-third of U.S. grain exports (Melcher of farms owned by individuals and families that supply farmers with seeds and chemical and Carey 1999, 32). (operating as sole proprietors) was roughly inputs. A small number of companies are as- constant between 1978 and 1992, at about 85% suming control of the seed production busi- INTERNATIONAL TRADE: THE SIREN’S SONG of all farms, the output share of such farms ness, including Monsanto, Dupont, and The growth in agricultural exports, espe- declined during this period from about 62% Novartis (Melcher and Carey 1999, 32). to 54% (USDA 1996). Corporations absorbed The story is similar on the distributional cially in the first half of 1990s, suggested to most of this production lost by sole propri- side. Grain distribution, for example, which small farmers that sales to foreign markets etors between 1978 and 1992. Moreover, an in- has been tightly controlled by a handful of were the key to solving their problems. How- creasing number of family farmers are rais- companies since the 19th century, is becom- ever, export markets have proven to be more ing crops under contract for big purchasers. ing even more concentrated. Recently, volatile than domestic ones, and Corporate control is becoming much more Cargill has proposed to purchase Continen- globalization has increased the vulnerability concentrated both upstream and downstream tal’s grain storage unit, which would result of farmers to sudden price swings. TABLE 2—U.S. AGRICULTURAL TRADE BALANCE WITH INDIVIDUAL COUNTRIES,1 1990–98 [In millions of dollars]

Changes: Country/region 1990 1996 1998 2 1990–96 1996–98

World ...... 17,292 27,994 14,756 10,702 ¥13,238 Europe ...... 5,228 4,835 606 ¥393 ¥4,229 NAFTA ...... 1,488 1,787 691 299 ¥1,096 Canada ...... 1,587 133 ¥781 ¥1,454 ¥914 Mexico ...... ¥98 1,654 1,472 1,752 ¥182 Asia ...... 14,147 22,249 14,655 8,102 ¥7,594 Rest of world ...... ¥3,572 ¥877 ¥1,196 2,695 ¥319 1 Census basis; foreign and domestic exports, f.a.s. 2 Estimated—incomplete data for all countries. Source: U.S. Department of Commerce, Foreign Trade Highlights, Internet: http://www.ita.doc.gov/cgi-binotealctr?task=readfile&file=hili; and U.S. Department of Agriculture, Foreign Agricultural Trade of the U.S., Internet: http:// www.econ.ag.gov/db/FATUS/.

Unreliable export markets ally increased from $46.0 billion in 1995 (the 1998. Similarly, U.S. corn exports to Mexico The U.S. agricultural trade balance with year before the agreements went into effect) increased by 47% during that period, while the rest of the world increased by almost $11 to $55 billion in 1997.2 During the same pe- cattle and calf imports from Mexico soared 4 billion between 1990 and 1996 (Table 2), then riod, U.S. government payments to farmers by 1,280%. declined by $13.2 billion between 1996 and were $7 billion, less than 13% of the Euro- Since the trade balance with Europe and 3 North America was relatively flat from 1990 1998. This drop in the volume of exports, pean level. Under NAFTA and the earlier U.S.-Canada to 1996, what was the source of strongly which was equal to a 6% decline in farm rev- Free Trade Agreement (which went into ef- growing demand for U.S. farm products in enues, was compounded by a sharp decline in fect in 1989), the volume of farm trade has sig- the 1990s? Answer: the trade balance with domestic commodity prices (discussed nificantly increased throughout the region. Asia increased by $8 billion (Table 2). Unfor- below). These two factors combined in 1997 However, the net result has been a small but tunately for U.S. farmers, though, the de- and 1998 to severely depress farm incomes. significant decline in the U.S. farm trade sur- mand that pulled in U.S. farm exports to Closer examination of regional trends in plus with Mexico and Canada. This fact con- Asia was driven by the same inflationary U.S. farm trade shows that only a limited tradicts the U.S. Trade Representative’s bubble that ultimately caused the world fi- number of markets were open to U.S. farm statement that ‘‘NAFTA has been a tremen- nancial crisis. An unprecedented inflow of products. The U.S. agricultural trade bal- dous success for American agriculture’’ short-term capital into Asia stimulated a ance with Europe declined sharply between (Huenemann 1999). huge growth in consumption. When this cap- 1990 and 1998, as shown in Table 2. During NAFTA has also resulted in a massive shift ital flowed out even more quickly in the that time exports to Europe fell by about $2 in the structure of trade and production wake of the Thai financial crisis in July 1997, billion while U.S. imports increased by $3 within North America. U.S. exports of corn the U.S. agricultural trade balance with Asia billion (U.S. Department of Commerce 1999; and other feed grains (such as sorghum) have collapsed back to its 1990 level.5 USDA 1999b). increased, but U.S. imports of fruits, vegeta- Thus, the boom in U.S. agriculture in the U.S. trade problems with Europe result bles, wheat, barley, and cattle have all in- early 1990s, which convinced farmers that from continued high subsidies to European creased much more. For example, U.S. grain trade liberalization was the solution to their farms and European resistance to certain exports to Canada (primarily corn and other problems, was built on the false foundation U.S. farm products, such as hormone-treated feed grains) increased by 127% between 1990 of a speculative bubble. Increased trade has beef. The Uruguay Round trade agreements and 1998, but at the same time U.S. imports certainly increased the volatility of farm in- were designed, in part, to reduce agricultural of wheat from Canada increased by 249%, comes, but it has yet to improve their aver- subsidies, but European farm spending actu- from $79 million in 1990 to $278 million in age level. Globalization has also stacked the

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10093 deck against family farmers, since they tend value of the U.S. dollar that occurred be- Beginning on page 1, line 3, strike all that to be under-capitalized and more vulnerable tween 1995 and 1997 is responsible for 17 to 24 follows ‘‘SEC.’’ to the end of the amendment to financial cycles in comparison to large percentage points of the decline in U.S. corn and insert the following: and diversified corporate farms. and wheat prices, respectively.8 ll. EMERGENCY AND MARKET LOSS ASSIST- Globalization and future farm prices World commodity yields also have a large ANCE.—(a) MARKET LOSS ASSISTANCE.— and significant effect on prices. As yields per The U.S. Department of Agriculture has (1) IN GENERAL.—The Secretary of Agri- acre rise, prices fall. The expansion in world fueled expectations that global demand for culture (referred to in this section as the supplies of each commodity depresses its U.S. agricultural products will increase in ‘‘Secretary’’) shall use not more than price. While the growth in income has only a the future. Its most recent baseline forecasts $5,544,453,000 of funds of the Commodity weak effect on prices, technology and the predict that commodity prices, net farm in- Credit Corporation to provide assistance to growth in world agricultural productivity come, and U.S. exports will all recover rap- owners and producers on a farm that are eli- has a strong, negative impact on prices over idly in 2000 and climb steadily thereafter.6 gible for payments for fiscal year 1999 under time.9 The USDA has also forecast that U.S. agri- a production flexibility contract for the farm These results show why farmers have been culture would benefit from further trade lib- under the Agricultural Market Transition misled about the benefits of trade liberaliza- eralization. For example, it estimated that Act (7 U.S.C. 7201 et seq.). tion. Previous rounds of trade negotiations the proposed Free Trade Agreement of the (2) AMOUNT.—The amount of assistance have failed to generated sustained, reliable Americas (FTAA) ‘‘that includes the United made available to owners and producers on a growth in demand for U.S. farm products. In States would cause annual U.S. farm income farm under this subsection shall be propor- addition, the diffusion of advanced agricul- (in 1992 dollars) to be $180 million higher tionate to the amount of the contract pay- tural technologies (the ‘‘green revolution’’) than it otherwise would be’’ (Raney and Link ment received by the owners and producers around the globe has had a depressing effect 1998, 2). for fiscal year 1999 under a production flexi- on U.S. farm prices, despite, or perhaps be- This forecast is particularly surprising be- bility contract for the farm under the Agri- cause of, the benefits generated for farmers cause the same report also predicts that the cultural Market Transition Act. and consumers throughout the developing FTAA will reduce the U.S. trade balance. (3) TIME FOR PAYMENT.—The assistance world. Specifically, it predicts that the FTAA will made available under this subsection for an have a larger impact on U.S. farm imports TIME FOR A NEW FARM POLICY eligible owner or producer shall be provided than on exports (Raney and Link 1998, 2), There is nothing wrong with expanding not later than 45 days after the date of en- thus increasing the current U.S. agricultural trade in agriculture as long as it can be ac- actment of this Act. trade deficit with Latin America. The re- complished in ways that benefit U.S. farm- (b) SPECIALTY CROPS.— ported income effects include only ‘‘effi- ers. However, unless the U.S. government is (1) ASSISTANCE TO CERTAIN PRODUCERS.— ciency gains’’ from the shift of resources willing to address such fundamental prob- The Secretary shall use not more than from one crop to another, and exclude the lems as global excess crop supplies and rising $50,000,000 of funds of the Commodity Credit losses from declining demand for U.S. farm currency values, then pushing for freer trade Corporation to provide assistance to pro- products and from rising imports resulting in agriculture will be counterproductive. It ducers of fruits and vegetables in a manner from deregulated trade. The report does ac- is time to stop artificially expanding trade determined by the Secretary. knowledge that the reported gains ‘‘are very without regard for the consequences. (2) PAYMENTS TO CERTAIN PRODUCERS.— small changes in U.S. farm income’’ and The Omnibus 1996 Farm Bill was a com- (A) IN GENERAL.—The Secretary shall use that: plete failure. It failed to generate export-led such amounts as are necessary to provide ‘‘. . . the short-run adjustment costs for growth, and it transferred substantial risks payments to producers of quota peanuts or some farm households could be large. Hence, to farmers with no visible benefits. Given the additional peanuts to partially compensate the debate on the acceptability of an FTAA diffusion of technology to the rest of the the producers for continuing low commodity may hinge on its distributional consequences world, and because other countries seek to prices, and increasing costs of production, rather than on the gains to the entire econ- maintain their own food security, agri- for the 1999 crop year. omy or to the agricultural sector as a culture will never be a substantial growth (B) AMOUNT.—The amount of a payment whole.’’ (Raney and Link 1998, 38) industry for the U.S. However, for the same made to producers on a farm of quota pea- The FTAA report further assumes that the reason, the U.S. needs a viable farm sector, nuts or additional peanuts under subpara- economy will be at full employment and that one that can deliver a high and rising stand- graph (A) shall be equal to the product ob- there are no adjustment costs due to changes ard of living for family farmers and contained by multiplying— in trade. Moreover (as the author note), the sumers. A number of policies could help (i) the quantity of quota peanuts or addi- impacts of agricultural trade deficits and achieve these goals, including: tional peanuts produced or considered pro- structural change on the farm sector are ex- Carefully managed reductions in the value duced by the producers under section 155 of cluded from the study. of the dollar; the Agricultural Market Transition Act (7 Similar predictions were made about the The shift of agricultural subsidies away U.S.C. 7271); by benefits of NAFTA and the Uruguay Round from large farms and corporate farmers to (ii) an amount equal to 5 percent of the trade agreements that created the WTO. U.S. independent, family-run farms; loan rate established for quota peanuts or farmers were supposed to benefit because An increase in expenditures for research additional peanuts, respectively, under sec- they are the world’s low-cost producers of and development, and the construction of in- tion 155 of that Act. many types of grain and livestock. As we frastructure and distribution systems for (3) CONDITION ON PAYMENT OF SALARIES AND have seen, it did not turn out that way. new, higher-valued products that can be pro- EXPENSES.—None of the funds appropriated Are the USDA’s predictions that rising ex- duced with sustainable technologies and that or otherwise made available by this Act or ports will cause farm prices to increase in meet consumer demand for high-quality, any other Act may be used to pay the sala- the future likely to be any more accurate niche, and specialty foods such as organic ries and expenses of personnel of the Depart- now? An economic analysis (see the Appen- products and humanely raised livestock; and ment of Agriculture to carry out or enforce dix for methodological details) of the various The exploration of other possibilities for section 156(f) of the Agricultural Market forces that influence U.S. commodity stimulating agricultural consumption (such Transition Act (7 U.S.C. 7272(f)) through fis- prices—namely, (1) U.S. income (in terms of as the conversion of biomass to energy) to cal year 2001, if the Federal budget is deter- gross domestic product, or GDP), (2) the real build domestic demand for agricultural prod- mined by the Office of Management and (inflation adjusted) U.S. exchange rate, and ucts. Budget to be in surplus for fiscal year 2000. (3) worldwide average crop yields (which re- Mr. CRAIG addressed the Chair. (c) LIMITATION ON MARKETING LOAN GAINS flect the influence of technology on crop sup- The PRESIDING OFFICER. The Sen- AND LOAN DEFICIENCY PAYMENTS.—Notwith- plies)—shows that U.S. farm prices are un- ator from Idaho is recognized. standing section 1001(2) of the Food Security likely to rise in the future unless U.S. agri- Mr. CRAIG. I yield to the Senator. Act of 1985 (7 U.S.C. 1308(1)), the total cultural policies are substantially revised. The PRESIDING OFFICER. The Sen- amount of the payments specified in section Looking at U.S. corn and wheat over the 1001(3) of that Act that a person shall be en- past 26 years, income, somewhat surpris- ator from Mississippi. titled to receive under the Agricultural Mar- ingly, seems to have only a weakly signifi- AMENDMENT NO. 1500, AS MODIFIED ket Transition Act (7 U.S.C. 7201 et seq.) for cant effect on price. Furthermore, the Mr. COCHRAN. Madam President, I 1 or more contract commodities and oilseeds changes in U.S. income associated with the asked the Senator to yield so I can during the 1999 crop year may not exceed Asian crisis have not reduced grain prices, send a modification of my amendment $150,000. but this result is not strong, statistically to the desk. I do send the modification (d) UPLAND COTTON PRICE COMPETITIVE- 7 speaking. of my amendment to the desk. NESS.— Exchange rates, on the other hand, have (1) IN GENERAL.—Section 136(a) of the Agri- large and statistically significant effects on The PRESIDING OFFICER. Without cultural Market Transition Act (7 U.S.C. farm prices. Each 1% increase in the value of objection, the amendment is so modi- 7236(a)) is amended— the dollar generates a 1.1% decline in the fied. (A) in paragraph (1), by striking ‘‘or cash price of corn and a 1.5% decline in the price The amendment, as modified, is as payments’’ and inserting ‘‘or cash payments, of wheat. Thus, the 16% appreciation in the follows: at the option of the recipient,’’;

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10094 CONGRESSIONAL RECORD — SENATE August 3, 1999 (B) by striking ‘‘3 cents per pound’’ each (A) in subsection (a)— (A) conduct a comprehensive evaluation of place it appears and inserting ‘‘1.25 cents per (i) by striking ‘‘rice (other than negotiable all existing export and food aid programs, in- pound’’; marketing certificates for upland cotton or cluding— (C) in the first sentence of paragraph rice)’’ and inserting ‘‘rice, including the (i) the export credit guarantee program es- (3)(A), by striking ‘‘owned by the Commodity issuance of negotiable marketing certificates tablished under section 202 of the Agricul- Credit Corporation in such manner, and at for upland cotton or rice’’; tural Trade Act of 1978 (7 U.S.C. 5622); such price levels, as the Secretary deter- (ii) in paragraph (1), by striking ‘‘and’’ at (ii) the market access program established mines will best effectuate the purposes of the end; under section 203 of that Act (7 U.S.C. 5623); cotton user marketing certificates’’ and in- (iii) in paragraph (2), by striking the period (iii) the export enhancement program es- serting ‘‘owned by the Commodity Credit at the end and inserting ‘‘; and’’; and tablished under section 301 of that Act (7 Corporation or pledged to the Commodity (iv) by adding at the end the following: U.S.C. 5651); Credit Corporation as collateral for a loan in ‘‘(3) redeem negotiable marketing certifi- (iv) the foreign market development coop- such manner, and at such price levels, as the cates for cash under such terms and condi- erator program established under section 702 Secretary determines will best effectuate the tions as are established by the Secretary.’’; of that Act (7 U.S.C. 5722); and purposes of cotton user marketing certifi- and (v) programs established under the Agri- cates, including enhancing the competitive- (B) in the second sentence of subsection cultural Trade Development and Assistance ness and marketability of United States cot- (c), by striking ‘‘export enhancement pro- Act of 1954 (7 U.S.C. 1691 et seq.); and ton’’; and gram or the marketing promotion program (B) transmit to Congress— (D) by striking paragraph (4). established under the Agricultural Trade Act (i) the results of the evaluation under sub- (2) ENSURING THE AVAILABILITY OF UPLAND of 1978’’ and inserting ‘‘market access pro- paragraph (A); and COTTON.—Section 136(b) of the Agricultural gram or the export enhancement program es- (ii) recommendations on maximizing the Market Transition Act (7 U.S.C. 7236(b)) is tablished under sections 203 and 301 of the effectiveness of the programs described in amended— Agricultural Trade Act of 1978 (7 U.S.C. 5623, subparagraph (A); and (A) by striking paragraph (1) and inserting 5651)’’. (4) the Secretary should carry out a pur- the following: (e) OILSEED PAYMENTS.— chase and donation or concessional sales ini- ‘‘(1) ESTABLISHMENT.— (1) IN GENERAL.—Notwithstanding any tiative in each of fiscal years 1999 and 2000 to ‘‘(A) IN GENERAL.—The President shall other provision of law, the Secretary shall promote the export of additional quantities carry out an import quota program during use not less than $475,000,000 of funds of the of soybeans, beef, pork, poultry, and prod- the period ending July 31, 2003, as provided in Commodity Credit Corporation to make pay- ucts of such commodities (including soybean this subsection. ments to producers of the 1999 crop of oil- meal, soybean oil, textured vegetable pro- ‘‘(B) PROGRAM REQUIREMENTS.—Except as seeds that are eligible to obtain a marketing tein, and soy protein concentrates and iso- provided in subparagraph (C), whenever the assistance loan under section 131 of the Agri- lates) using programs established under— Secretary determines and announces that for cultural Market Transition Act (7 U.S.C. (A) the Commodity Credit Corporation any consecutive 4-week period, the Friday 7231). Charter Act (15 U.S.C. 714 et seq.); through Thursday average price quotation (2) COMPUTATION.—A payment to producers (B) section 416 of the Agricultural Act of for the lowest-priced United States growth, on a farm under this subsection shall be 1949 (7 U.S.C. 1431); as quoted for Middling (M) 13⁄32-inch cotton, computed by multiplying— (C) titles I and II of the Agricultural Trade delivered C.I.F. Northern Europe, adjusted (A) a payment rate determined by the Sec- Development and Assistance Act of 1954 (7 for the value of any certificate issued under retary; by U.S.C. 1701 et seq.); and subsection (a), exceeds the Northern Europe (B) the quantity of oilseeds that the pro- (D) the Food for Progress Act of 1985 (7 price by more than 1.25 cents per pound, ducers on the farm are eligible to place U.S.C. 1736o). there shall immediately be in effect a special under loan under section 131 of that Act. (i) EMERGENCY REQUIREMENT.—The entire import quota. (3) LIMITATION.—Payments made under this amount necessary to carry out this section ‘‘(C) TIGHT DOMESTIC SUPPLY.—During any subsection shall be considered to be contract and the amendments made by this section month for which the Secretary estimates the payments for the purposes of section 1001(1) shall be available only to the extent that an season-ending United States upland cotton of the Food Security Act of 1985 (7 U.S.C. official budget request for the entire stocks-to-use ratio, as determined under sub- 1308(1)). amount, that includes designation of the en- paragraph (D), to be below 16 percent, the (f) ASSISTANCE TO LIVESTOCK AND DAIRY tire amount of the request as an emergency Secretary, in making the determination PRODUCERS.—The Secretary shall use requirement as defined in the Balanced under subparagraph (B), shall not adjust the $325,000,000 of funds of the Commodity Credit Budget and Emergency Deficit Control Act Friday through Thursday average price Corporation to provide assistance to live- of 1985, as amended, is transmitted by the quotation for the lowest-priced United stock and dairy producers in a manner deter- President to the Congress: Provided, That the States growth, as quoted for Middling (M) mined by the Secretary. 3 entire amount is designated by the Congress 1 ⁄32-inch cotton, delivered C.I.F. Northern (g) TOBACCO.—The Secretary shall use Europe, for the value of any certificates as an emergency requirement pursuant to $328,000,000 of funds of the Commodity Credit section 251(b)(2)(A) of such Act. issued under subsection (a). Corporation to make distributions to to- ‘‘(D) SEASON-ENDING UNITED STATES STOCKS- bacco growers in accordance with the for- Mr. COCHRAN. I thank the Senator. TO-USE RATIO.—For the purposes of making mulas established under the National To- Mr. CRAIG addressed the Chair. estimates under subparagraph (C), the Sec- bacco Grower Settlement Trust. The PRESIDING OFFICER. The Sen- retary shall, on a monthly basis, estimate (h) SENSE OF CONGRESS REGARDING FAST- ator from Idaho is recognized. and report the season-ending United States TRACK AUTHORITY AND FUTURE WORLD TRADE Mr. CRAIG. Thank you, Madam upland cotton stocks-to-use ratio, excluding ORGANIZATION NEGOTIATIONS.—It is the sense President. projected raw cotton imports but including of Congress that— For the last 20 minutes, I have lis- the quantity of raw cotton that has been im- (1) the President should make a formal re- tened to my colleague from North Da- ported into the United States during the quest for appropriate fast-track authority marketing year.’’; and for future United States trade negotiations; kota with some degree of clarity dis- (B) by adding at the end the following: (2) regarding future World Trade Organiza- cuss the issue that is true in his State ‘‘(7) LIMITATION.—The quantity of cotton tion negotiations— today and true in most areas of Amer- entered into the United States during any (A) rules for trade in agricultural commod- ican agriculture. I will in no way at- marketing year under the special import ities should be strengthened and trade-dis- tempt to modify or suggest any dif- quota established under this subsection may torting import and export practices should ferent kind of impact on the family not exceed the equivalent of 5 week’s con- be eliminated or substantially reduced; farm, but I suggest that most family sumption of upland cotton by domestic mills (B) the rules of the World Trade Organiza- farms in Idaho today are multimillion- at the seasonally adjusted average rate of tion should be strengthened regarding the the 3 months immediately preceding the first practices or policies of a foreign government dollar operations, and we should not special import quota established in any mar- that unreasonably— attempt to invoke the image of a small keting year.’’. (i) restrict market access for products of farm, a husband and wife, struggling to (3) REMOVAL OF SUSPENSION OF MARKETING new technologies, including products of bio- stay alive. CERTIFICATE AUTHORITY.—Section 171(b)(1) of technology; or A husband and wife and family team the Agricultural Market Transition Act (7 (ii) delay or preclude implementation of a in production agriculture today are U.S.C. 7301(b)(1)) is amended— report of a dispute panel of the World Trade struggling to stay alive in an industry (A) by striking subparagraph (G); and Organization; and that recognizes their investment in the (B) by redesignating subparagraphs (H) (C) negotiations within the World Trade through (L) as subparagraphs (G) through Organization should be structured so as to hundreds of thousands, if not millions, (K), respectively. provide the maximum leverage possible to of dollars. (4) REDEMPTION OF MARKETING CERTIFI- ensure the successful conclusion of negotia- There is no question that the char- CATES.—Section 115 of the Agricultural Act tions on agricultural products; acter of American agriculture has of 1949 (7 U.S.C. 1445k) is amended— (3) the President should— changed. While some are still caught

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10095 up in the rhetoric of the family farm— which is now called Freedom to Farm. didn’t anticipate a general downturn in and there are still some small farming The Senator from North Dakota said it world economies, especially the Asian units—most of those who farm small is a failure. The Senator from North economy, an Asian economy that had units today recognized some years ago Dakota is wrong. It has met every ob- increased its overall import of agricul- that their life could not be made there jective it was intended to meet—ex- tural foodstuffs from the United States unless they supplemented it with out- panded markets, expanded production, by nearly 27 percent in the period of a side income. That, of course, has been with flexibility for the individual pro- 5- to 6-year span. Those imports are the character of the change in produc- ducer. All of those goals that were a down by 11 percent today. Those are tion agriculture for the last good num- part of Freedom to Farm have been the facts. Is that a direct result of ber of decades—true in Idaho, true in met today. Freedom to Farm policy failing? I sug- North Dakota, true in Mississippi, true Today, before the Ag Committee, we gest that it isn’t. I don’t think the Sen- in almost every other agricultural heard about a comprehensive study ator from North Dakota would dis- State in our Nation. that said agricultural income in the agree. How do I know that? That is what decade of the 1990s will surpass any Now, what has that caused? It has the statistics show. other decade, at a time when the num- plummeted commodity prices in our But in 1965 and 1966, as a young per- ber of farmers has gone down and pro- country. We agree that there is a cur- son, I was given a unique opportunity ductivity has gone up dramatically. rent farm crisis, and we agree that that to travel through our Nation on behalf That is all part of the good news of the crisis could extend itself for some time of agriculture as a national officer of story. to come. We agree that Congress ought FFA, Future Farmers of America. I So it is not an abject failure, unless to respond to it so we don’t lose those was in almost every agricultural State you did not vote for it because you did production units and the families and in this Nation speaking to young farm- not believe in it in the first place, and the human side of it that is so critical ers and young ranchers. you really do want Government con- across our country and to smalltown I happened to have had the privilege trols, and you really do want a Govern- Idaho just as much as smalltown North of staying on many of those farms and ment plan to which farmers farm in- Dakota. ranches. For the course of 1 year, I saw stead of the market. My guess is, that The difference, at least in the current American agriculture like few are is part of what the Senator from North situation of the moment, is the heavy given the opportunity to see it. I must Dakota was talking about. That is not hand of politics, tragically enough. tell you, it was an exciting time be- what I am here to talk about today. Last year we were able to agree, and cause I met wonderful people, I saw a That is where we differ substantially. we worked at crafting a bipartisan unique lifestyle that is true in many But we do not differ on the other package. This morning, while we were instances today, and I did see and feel issue. That is the issue of the current there in the Ag Committee holding a the heartland of America as few get the commodity price crisis in production hearing with the Secretary, all of a opportunity to experience. agriculture across our Nation and sudden the committee room emptied. I While I was traveling, I gave many across the world. That is very real wondered where they had gone. The speeches. The speech oftentimes start- today. Many of our commodities are chairman said: Well, they have gone ed like this: That a family farmer or a finding their price in the marketplace out to hold a press conference with the farmer in American agriculture today at or below Depression-era prices. That Vice President. The heavy hand of produces enough for him or herself and in itself is a crisis, and that we should Presidential politics now tragically 30 other people. That was 1965. respond to. plays at this issue. It shouldn’t have to Today, if I were that young FFA offi- Last year, we did not cast a deaf ear be that way and, in the end, it won’t be cer traveling the Nation, my speech on production agriculture in this coun- that way, if we are to craft the right would have to change, because I would try. The taxpayers of this country, rec- kind of policy to deal with a crisis that say that that farmer or rancher pro- ognizing the plight the American pro- isn’t Democrat or isn’t Republican, but duces enough for him or herself and 170 ducer in agriculture was in, gave hand- it is at the heartland of America’s fun- to 180 additional Americans. somely. Billions of dollars flowed into damental production unit, American Has the family unit changed? Oh, production agriculture, and directly agriculture. very significantly. In almost all in- through to the farmer, and to the The chairman of the Ag Sub- stances, it is four or five times larger rancher in some instances. As a result committee of Appropriations has strug- than it was in 1965 and 1966. But it is of that, farm income was substantially gled mightily over the course of the phenomenally more efficient and much buoyed. That will happen again this last several weeks to try to see if we more productive. Because of those effi- year. But it will happen in the context couldn’t arrive at a package that would ciencies, instituted by new technology of Freedom to Farm. respond. Our goal is not to add hun- or biogenetics, we have seen great pro- We are not going to go in and start dreds of billions of dollars to programs ductivity. So it isn’t just a measure- changing long-term farm policy until that don’t have any sense of imme- ment of crops produced against prices the Senator from North Dakota and diacy or any sense of getting money di- for those crops; it is a combination of the Senator from Idaho can agree that rectly through to the farmer. Our bill the whole. Freedom to Farm was an abject fail- is substantially smaller in that regard I think it is very important that we ure—when, in fact, I do not believe it than the bill offered by the minority portray American agriculture today for was; and I think the Senator from leader of the Senate. But our bill, when what it is and for what it asks from us. North Dakota would be hard pressed, it comes to money to production units, In 1965 and 1966, it was not just Gov- looking at the facts and the intent, to money to farmers, and money to ranch- ernment and politicians that suggested argue that it was either. ers, is there. It is real and it is the farm policy in this country ought to So we are here today not to talk same dollar amount. change; it was American agriculture about a long-term policy change but to I am willing to talk farm policy, and itself that came to us in 1965 and 1966 talk about the current crisis. It is a I am willing to debate it, but not in the and said: Get Government off our crisis that is not just taking place short-term and not in the immediate backs. American agriculture has within this country; it is a commodity sense of an emergency, because it is changed. We don’t want to farm to a crisis that is worldwide. awfully hard to argue that the emer- program. We want to farm to a market. Let’s talk about 1996, 1997, and part gency at hand was produced by Free- We don’t want to be restricted in lim- of 1998. That is when we crafted a new dom to Farm. ited acreages. We don’t want to be re- farm bill. That is when commodity Let me read briefly from a report stricted in limited markets. We want prices were higher than they had ever called ‘‘Record and Outlook,’’ put to- the ability to be flexible to move with been around the world, and we drained gether by a very responsible group the market. all of our reserves, and we were told called the Sparks Company out of Congress listened. Out of that listen- never again would we see low prices. McLean, VA. This report is called ing came the Federal Agriculture Im- But there were some things missing ‘‘Freedom to Farm, Record and Out- provement and Reform Act of 1996, from that ‘‘never again’’ argument. We look,’’ prepared for the Coalition for

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10096 CONGRESSIONAL RECORD — SENATE August 3, 1999 Competitive Food in the Agricultural outside the United States has been 44 gressively markets on a daily basis System. percent for corn and 35 percent for soy- American agricultural surpluses? No, Here is their analysis. Most people beans. they don’t. We offered them and pro- say that the Sparks Company is widely Lastly, they point out that the down- vided them the tools to move aggres- recognized as reputable and is non- turn in economic and financial health sively in the markets. There was a bit partisan in its analyses of those issues of key world markets, especially Asia, of a yawn down at the Department of that it examines. the largest U.S. export market, has in- Agriculture, and that yawn has contin- Here is what they say: creased pressure on U.S. prices, al- ued for the last good number of years. The recent slowing of the farm economy though world grain and oilseed use has So point the finger, I am; but I am primarily reflects two major factors: Farm- been well above trend during the last 3 pointing the finger at the very agencies ers response worldwide to mid-decade record years. of our Government that are responsible high prices. . . What is the point of those comments? for breaking down those political bar- In other words, what they are saying The point is that no matter how we riers between a consuming market was those prices in 1996 and 1997 sent a would have designed the policy, we somewhere else in the world and a pro- message to American agriculture: Gear were working against a world situa- duction unit here in the United States. up your production. They sent a mes- tion, both economically and climac- We have not done that well, and we sage to world agriculture: Gear up your tically, and productionwise that would should. We promised it, in part. production. Consumption and prices have been very difficult to foresee. We Last year, I and Senators from the are here to stay. And that is what hap- did not foresee it, nor was it debated in other side of the aisle stood together pened, and worldwide production is at 1995 and 1996, as we were crafting Free- and were able to knock down the sanc- an all-time record. They go on: dom to Farm. We didn’t recognize it in tions against Pakistan and India to . . .and the downturn in the economic and 1997. Toward the tail end of 1997, it be- move markets. This year, at our urg- financial health of one region of the world, came an indicator of problems to come. ing—and I applaud the President; now Asia, which also is the largest market for By 1998, it was very clear, and Congress that I have criticized him, let me ap- U.S. farm and food products. responded. It is now 1999 and Congress plaud him for bringing forth an Execu- I have already mentioned the tre- will respond again, with a multibillion- tive order that said that foodstuffs and mendous ramp up in the increase in dollar direct aid package to production medical supplies would not be subject purchases of agricultural foodstuffs in agriculture. to sanction. That was 3 months ago, Asia and now the dramatic decline. I said before the Ag Committee today and 3 months later, in the time of an The study concludes that both the and before Secretary Glickman that I agriculture crisis, they are just getting high record prices of 1995, 1996, and part am willing, starting next year, to re- the regulations out. of 1997, and the more recent readjust- view Freedom to Farm. I don’t think Well, now, give me a break, Mr. ments, are the result of ‘‘ordinary mar- production agriculture is going to walk President. You mean your bureaucracy ket developments and reactions, with away from the freedoms and the flexi- takes 3 months to write a regulation some unusually good weather patterns bility it has. Is there a way of crafting that says farmers can supply a world helping boost output, while the eco- a safety net or something that causes market that they were denied? There is nomic downturn in Asia and elsewhere some adjustments over time? It is pos- a lot of blame to be shared here, but, has weakened the prices. As a result, sible. I would not suggest that it isn’t. Mr. Vice President, you were on the the current market downturn reflects But the rest of the story of Freedom to Hill today talking about a farm crisis. temporary, rather than fundamental Farm that we have not successfully Last I checked, the Department of Ag- market changes.’’ matched yet, but something that Con- riculture and State Department were Temporary problems, but a real cri- gress, Democrat and Republican, under your watch, and for 3 long sis. Permanent problems? They say not agreed with and promised production months you have sat and watched as so. So if you are going to change per- agriculture with the passage of Free- the bureaucracy ground out regula- manent policy, you ought to be able to dom to Farm in 1996, were two other tions that allow access to world mar- determine that there is first a perma- elements. kets. I am sorry, Mr. President and Mr. nent problem. That is what I think the One was a risk management practice, Vice President, there is blame to be Senator from North Dakota has failed better known as crop insurance. We shared all around. to argue, while he and I would agree on have placed that money in the budget, Let me shift just a little of it to you, the sense of immediacy to the current but we can’t yet agree on a package Mr. Vice President, and you, Mr. Presi- crisis. that is bipartisan in character, that dent. The spirit is in the right place, The report goes on to talk about meets the regional differences within but couldn’t you have cut to the chase? modest shortfalls in harvests and our country, certainly the regional dif- Couldn’t we be moving grains, rice, and yields during 1993 through 1995, during ferences between the Midwest and food commodities, and lentils into mid- the time when these markets were Idaho or the Midwest and the South or Asian and the Central Eastern markets ramping up. Output fell below the 10- the Northeast. If we had had a com- today like we should be? Well, we will year trend and stocks plummeted. In prehensive risk management crop in- be by fall and into the winter, thanks other words, storage and surplus. surance package today, the very real to a policy you put in place, Mr. Presi- Strong world economic growth then drought that Washington, DC, and dent. But 3 months later, we are finally stimulated demand and record high States east of the Alleghenies are in at beginning to see its regulations. Late grain and oilseed prices; world planting this moment would have been dramati- is better than none at all. I will accept and harvests above trends in the cally offset if farmers had had that that and we will move on. But, again, United States and worldwide during kind of risk management tool. But we open the world markets. 1996 through 1998; also good weather have not yet agreed as to how to make It is political barriers that are out and high grain and oilseed yields, espe- it flexible and diversified in a way that there, not market barriers. Those are cially in the United States, rapidly re- meets those kinds of needs of specialty political barriers that only govern- built depleted stocks in spite of signifi- crops and the uniqueness of agriculture ments can knock down. When it is na- cantly above-trend consumption during across this country. So a promise tion-to-nation, our Government at the that period. In other words, we were made; we have not fulfilled it yet. Federal level has to be responsible, and pushing production, but the world was The other area, of course, is the ex- we fail to be. consuming. Significant increases in pansion of world trade. The Senator My credit goes to the chairman of non-U.S. production competing for from North Dakota is right. We are not our Senate Agriculture Committee growing world markets largely in re- trading in world markets like we who, for several years, has been push- sponse to record high prices of the mid- should. Let me tell you, Bill Clinton ing legislation to pull down those bar- 1990s. For example, all of the very con- and company have been asleep at the riers. Last year, he offered it on the siderable above-trend wheat production switch now for many years. Do they floor. It passed. This year, it will pass has been outside the United States, have a division down at the Depart- this Senate again, and I hope it passes while the share of increased production ment of State that goes out and ag- the Congress. I hope the President can

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10097 deal with it, and I hope he will sign it. The main difference between the two country make the changes, which I will Those are long-term provisions, but is not only the amount, but also the get to in a few minutes. once in place, they are a legitimate and failure, in my judgment, of the bill on On the other hand, the prices that responsible role for Government to par- the other side to provide drought as- farmers pay for their products over the ticipate in. sistance. It is emergency drought as- same period of time have risen dra- Manipulating the market, shaping sistance. We have all watched on tele- matically— whether it is the prices the the price? Absolutely not. We have to vision in the last several days how dry farmers pay for fertilizer, for gasoline, let the marketplace work its will. But so much of America is and how farm- for tractors or combines, for fencing, or it is very important that Government ers’ crops are not growing and are not for labor costs. You name it. play the role it should play, and that is going to be harvested. In some parts of All of the costs that farmers pay in dealing with the political barriers of the country, it is not only drought; have continually risen to a very steep trade, most assuredly in times of need, paradoxically, strangely, it is flooding. trend over the past 20 or 30 years since providing some safety nets. We did that There is too much moisture in some the Depression, and at the same time last year, and we are going to do it parts of the country, making it impos- prices that farmers get for their prod- again this year. I hope in the end we sible for farmers to grow a productive ucts generally have fallen, although can craft a crop insurance plan that crop. there was a period several years ago will provide the risk management tools Compounding that, there is a very where prices were high—$5, $6, or $7 a that we have said to production agri- low price. According to the wheat pro- bushel. That was about 5, 6, 7, or 8 culture we would provide. ducers and barley producers, livestock, years ago, as I recall. But generally the Well, those are the circumstances in hogs—you name it—the prices are just trend is down. which we find ourselves today. In the rock bottom, and they have been very Why has this happened? It has hap- course of the next few hours, the Sen- low for a long time. So it is a combina- pened for a couple of reasons: One, ate will have an opportunity to vote on tion of very low prices, historically low many more countries are producing two very different measures, in the prices, for some commodities, and the products—wheat, barley, and so on and sense of a total package. They are very weather. so forth. Second, as I mentioned, the similar in the dollars and cents that go The outlook is not good. The outlook concentration of economic power in the directly to production agriculture. I for increased prices in the basic com- retail industry, in the wholesale indus- hope that, in the end, out of this can modities we are talking about, as well try, and in the packing industry, but come a bipartisan package. There is a as livestock, is grim. Nobody can not a concentration of power for the great deal in the DASCHLE-HARKIN project or foresee a solid, sound reason farmers. package that may be OK at some point why prices necessarily are going to go On top of that, recently there is the down the road; but my guess is not up in the next several years. Asian downturn where the Asian without hearings held and no under- What conditions are going to cause economies a couple of years ago began standing of some broad policy changes prices to go up? What is going to to deteriorate. Their purchasing power that are at this moment not nec- change or be different? To be truthful, dropped dramatically. They devalued essarily justifiable in this time of deal- there isn’t much we can see that is their currencies in order to try to prop ing with crises, both a price crisis and going to be much different. Producers themselves up. As a consequence, the situation that deals with weather are going to still produce. Other coun- American exports to Asia fell dramati- disaster. tries, particularly emerging and devel- cally—in combination with the low de- Those are the circumstances as I see oping countries, are going to try to mand, particularly from Asia, and the it. I hope my colleagues will vote with produce more agricultural products higher supply, particularly in countries the chairman of the Agriculture Appro- than they now are producing. On top of producing and, on top of that, the priations Subcommittee in supporting that, there is the phenomenon of a drought and too much rain in some his amendment and not allowing it to growing concentration of economic parts of the country. be tabled, so we can get at a clear vote power in the beef packing industry, or So we are here today to try to decide and finalize this work today. If that in the grain trade, where the middle- what the size of the emergency assist- can’t be done, I hope my colleagues on ance should be. the other side of the aisle will join with men, if you will—that is, the traders, I submit that we should not only us in seeing if we can make some ad- the packing plants, and retailers—are make the direct payments to farmers justments in a final package. But I be- making money but the producers are but we also should accommodate the lieve that the package offered up by not. That is not going to change in the drought. We should accommodate the the chairman is certainly in good faith foreseeable future. At least I don’t see farm disaster that has beset the farm- and responds in an immediate way to anything that will cause that change. So, essentially, we are here today be- ers in addition to the economic dis- need, and that the money can move directly to production agriculture, send- cause farmers are getting deeper and aster. That is just a short-term, immediate ing a very critical message to the fami- deeper and deeper in trouble. Their solution. We should get on it right lies and the men and women engaged in prices are continually falling. I hope away, and we should get it passed this agriculture in our economy that we my colleagues took a good look at the care and we understand the importance chart presented by my good friend, the week, lock, stock, and barrel—all of it of them and what they do for all of us Senator from North Dakota, Mr. DOR- passed this week to give farmers a lit- as Americans, and Americans are re- GAN—the one that showed in current tle bit of hope. Then, to begin to give farmers a lit- sponding by a substantial ag package dollars what the price of wheat was in of nearly $7 billion. 1930, 1940, 1950, and 1960. The current tle more hope for the future, we have I yield the floor. price of wheat in today’s dollars is to pass a modification to the so-called Mr. BAUCUS addressed the Chair. roughly $2 a bushel. Back in 1930, in Freedom to Farm bill. We have to pass The PRESIDING OFFICER. The Sen- current dollars, adjusted for inflation, a new farm bill. ator from Montana is recognized. it was about $7.50 a bushel. In 1940 and I remember when Freedom to Farm Mr. BAUCUS. Madam President, a lot in 1950—I have forgotten the chart, but was debated. Most farmers I talked to of us have listened quite intently, and I think it was as high as maybe $13 or in my home State of Montana were some of us not very intently, to the de- $14 a bushel. very leery and very nervous about this bate. Very simply, cutting to the You can see how the price generally Freedom to Farm bill. A lot of them— chase, the question before us is wheth- has declined over the years for farmers, I daresay a majority of them—went er to adopt an agriculture emergency and it has declined greatly. This is not along with it because at that time assistance bill in the amount of rough- just a minor drop in price. It is a pre- prices were a little higher. As I recall, ly $10 billion—$10.6 billion, I think— cipitous drop in price. It is steady. It is it was about one-plus a bushel. The so- that is proposed by Members essen- constant. called AMTA payments were a little tially on this side of the aisle, or, in As I said, I can’t see much that is higher. There was more money in farm- the alternative, a bill that is about half going to cause a significant difference ers’ pockets. But farmers knew—the that much. unless we in the Congress and in the ones I talked to, and I talked to a

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10098 CONGRESSIONAL RECORD — SENATE August 3, 1999 whole bunch of them—that we would in Europe? He exports. He gets a sub- dent declared all 55 counties of West get on with it then, but on down the sidy for it—and a big, healthy subsidy Virginia a federal drought disaster road there was going to be a real prob- for it. That is to say nothing about all area, along with over 30 counties from lem, and probably times were not going the internal price supports the Euro- neighboring states. In West Virginia, to be nearly as good as they were then. peans have that are much greater than the relentless drought has dried up our But we kind of swept that problem ours. crops, drained our streams, and under the rug and thought we would The ministerial in Seattle begins at brought death to livestock and despair cross that bridge when we got there. the end of this year. As we approach to thousands of farmers suffering these We are there. It has happened. We are the next WTO, one of our main objec- horrendous losses. in trouble. Farmers know it. So let’s tives, one of our main goals should be Yesterday, with the senior Senator of just get this thing passed. But we very the total elimination of agricultural West Virginia and Agricultural Sec- quickly have to begin to address the export subsidies. That is going to help. retary Glickman, I visited the farm of peaks and the valleys in the prices that That is going to help reduce the world- Terry Dunn in Charles Town, West Vir- farmers face. wide supply just a little bit. And every ginia. We witnessed the tragic effects I would like to remind folks in the little bit helps. I have a lot of other of the drought on his farm, and sat cities that farmers are in a much dif- ideas about what we can do as well, but down with farmers across the state to ferent situation from most any other that is one that is very critical. hear their similar stories. The drought business person because farmers cannot Point No. 2: In general, on the WTO, has devastated agricultural production control their price. The price is deter- there are a lot of things we have to do in West Virginia in a way that even mined by the vagaries of the market, to level the playing field so that Amer- old-time farmers have never seen. the vagaries of weather, and it is inter- icans are no longer suckers and taken Because of the desperate situation, national; it is an international price in for granted to the degree that we have Senator BYRD has once again stepped most cases. They have virtually no been. in to ensure that help will be on the control over their prices. Take any But to sum it all up, let’s pass this way. Through his dogged efforts work- other businessperson. He or she can agriculture emergency aid bill imme- ing with the sponsors of the Harkin- raise or lower their prices to sell to re- diately. Let’s pass the bill that makes Daschle amendment, there are various tailers or to sell to consumers. There sense, the one that helps farmers. And sources of funds that will be available are ways to adjust to help maximize that is the one that not only puts some for West Virginia’s farmers—and, I em- their return. money back into farmers’ pockets for phasize this point, funds that will also Moreover, farmers cannot control the short term but also addresses the be available to farmers in similar their costs. They have to pay what that drought, which the other bill does not straits in Kentucky, Ohio, Maryland, farm implement dealer charges. They address. It addresses the disaster Virginia, and Pennsylvania. There is have to pay what that fertilizer costs. caused in some parts of the country by nothing partisan or parochial about They just have to pay that price. They excessive flooding and rain. voting for this amendment and the have virtually no control over their Really, what is happening is that the drought assistance included. All of us costs. Any other businessperson has a farmer is in intensive care. The farmer have a responsibility to respond to cri- lot of control over his or her costs—ei- needs an oxygen mask, and the farmer ses like the one created by the drought. ther by downsizing, laying a few people needs a blood transfusion. That is I share the feelings of my colleagues off here or there, making other adjust- where we are. We have to give the on both sides of the aisle who have ments, or cutbacks. Big businesses can farmer the oxygen mask. We have to risen to extol the virtues of family certainly make big adjustments to give the farmer the blood transfusion farmers and rural America. I truly be- costs, and have, with major so that the farmer is no longer in in- lieve that farmers may be the hardest downsizing. The farmer can’t do that. tensive care. working people—day in, day out, morn- The farmer has no control over costs That oxygen mask and that blood ing, noon and night—in all the land. and virtually no control over prices. transfusion is this bill. It is the bill Now, these farmers are being hurt by That is why we have to have some that is sponsored by the Democratic acts of nature totally beyond their con- kind of legislation that evens out the leader and the Senator from Iowa. That trol. We have a choice to make today peaks and valleys and gives farmers a is the bill that is going to take care to that will decide just how willing we are modicum of a safety net. We need that get that patient back out of intensive to help our farmers when they are in desperately, and, for the sake of farm- care. The next step, which we have to such dire need. We can decide that we ers, we need to get that passed. take very soon, is to get that patient owe it to our farmers to stand with One final point: This is a subject for rehabilitated and get that patient some them in this time of severe crisis, and a later day. But we need a level inter- physical therapy. It will take some adopt the Harkin-Daschle amendment national playing field. We do not have other procedures in the hospital so that will truly address their needs. Or it today. I give a lot of credit to our that the farmer can compete in the we can settle for the far smaller level USTR, to the administration, and to real world as a real person again. I of funding provided by the distin- others who have worked to try to make hope we get to that point very quickly. guished chairman of the Agriculture it more level. They have worked hard- I yield the floor. Appropriations Subcommittee, Senator er, if the truth be known, than other Mr. ROCKEFELLER. Madam Presi- COCHRAN, that won’t be nearly enough administrations have. We are nowhere dent, I urge my colleagues, on both help. close to the position where we have to sides of the aisle, to vote for the Har- For anyone who represents a be. kin-Daschle farm crisis aid amend- drought-stricken state, there really is I will mention two subjects, and then ment. This legislation is the des- no choice. The Harkin-Daschle amend- I will close. One is export subsidies. We perately needed response for many ment is the humane and right thing to need an end to world export subsidies thousands of American farmers and do. And for anyone who represents for agriculture. They have to be elimi- their families whose survival is threat- states and counties that have received nated. ened. This is precisely the situation disaster assistance after a tornado or Today the European Union accounts that obligates us to use our authority hurricane or sweeping fires have for about 86 percent of all the world’s to enact emergency spending, and to struck, or following a crippling flood, agricultural export subsidies. We provide enough funding to save our this is the time to extend the same Americans account for about 1 to 2 per- farmers and their livelihoods. This is a kind of immediate help to a different cent. crisis that demands the Senate’s imme- but very real disaster. Europeans have 60 times the agricul- diate approval of emergency spending, We have heard for some time that tural export subsidies that we have. and the Harkin-Daschle amendment is rural America is in crisis. I doubt that That is a very great distortion of the the step we must take now to respond many people in this body think of West market. Agricultural export subsidies to a genuine and severe crisis. Virginia when agriculture and farming are paid to European farmers if they My plea is for the farmers I represent are the topic. But in fact, in West Vir- export. What is the farmer going to do in West Virginia. Yesterday, the Presi- ginia thousands of farmers and their

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10099 families labor hard to grow a variety of publican side, I think there are five but I don’t think it is broad enough. I crops and raise livestock. They are factors that should be included, five don’t think it is sufficient enough. I farmers who have rarely asked for help factors that ought to be considered as certainly don’t think it is fair enough, from anyone, but today they are facing we contemplate what kind of an ap- given the circumstances we are facing the crisis of a lifetime, and they do not proach we in the Senate and in the today. want to give up the life and work they Congress must subscribe to if we are The final factor is simply this: As my love. going to respond to the disastrous situ- colleague from Montana said, emer- I am asking my colleagues to vote for ation we find in rural America today. gency assistance alone will not do it. the Harkin-Daschle amendment be- The first is that this must be imme- We passed emergency assistance last cause it will help the West Virginia diate. We cannot wait until September, year and here we are, back again, less farmers who have been the victim of or October, or November, at least to than a year later, with an urgent plea two years of historic drought condi- take the first step. I realize the legisla- on the part of all of agriculture to pro- tions that have ravaged their fields, or- tive process is slow and cumbersome, vide them with additional assistance. chards, and herds. Some of these fami- but if we don’t start now, we will never Why? Because the market isn’t work- lies have run the same farms since be- be able to respond in time to meet the ing. Why is the market not working? fore West Virginia was admitted to the needs created by the serious cir- There are a lot of reasons, but I argue union, and now they are in danger of cumstances we face today. First and first and foremost it is not working be- losing everything. foremost, in an emergency way, this cause we don’t have an agricultural Farmers in my state and many oth- has to be responsive to the situation by policy framework for it to work. ers need the Senate to act and to pro- allowing the Senate to work its will Freedom to Farm is not working. We vide a level of assistance that matches and do something this week. can debate that on and on and on, but the magnitude of the crisis. We have Second, it has to be sufficient. The there are more farm organizations, the means to do that today—in the situation, as I have noted, is already there are more economic experts, there form of the Harkin-Daschle amend- worse than it was last year. Last year, are more people from all walks of life, ment. We have the authority to do that we were able to pass a $6 billion emer- and there are more policy analysts who today—by voting for emergency fund- gency plan. I believe $6 billion this are arguing today that we have to year is a drop in the bucket, given the ing in a time of real crisis. We have the change the framework, that we have to circumstances we are facing in rural obligation to respond, not along par- reopen the Freedom to Farm bill. That America today. Our bill recognizes the tisan lines and not only if we represent is a debate for another day. insufficiency of the level of commit- farmers in need—but because a disaster Today, this week, the debate must ment we made in emergency funding has struck that requires the entire be: can we provide sufficient emer- last year. Our bill is sufficient. Our bill Senate to respond. gency assistance to bridge the gap to recognizes the importance and the The PRESIDING OFFICER. The that day when we can achieve better magnitude of this problem and com- Democratic leader is recognized. prices, a better marketplace, more sta- mits resources to it: $10.7 billion. Mr. DASCHLE. Madam President, I bility, and greater economic security? commend the distinguished Senator Groups from the Farm Bureau to the In just a moment I will move to table Farmers Union to virtually every farm from Montana for his powerful state- the Republican plan. This is in keeping organization I know have said we can- ment and for the empathy that he with an understanding I have with the not underestimate how serious this sit- again demonstrates for the people in majority leader and the distinguished uation is. We recognize that, provide rural America. He has been an extraor- chair of the Appropriations Committee. the resources, and provide the suffi- dinary leader on the agriculture issue, It would be my hope, once it is tabled, cient level of commitment that will as well as on so many issues relating to we can have a debate on the Demo- allow Members to address this problem. the farmer over the years. Again, his So, No. 2, it has to be sufficient. cratic alternative and have a vote on eloquence this afternoon clearly illus- No. 3, it has to be fair. Our country is that at some point in the not-too-dis- trates the degree to which he under- very diverse. I heard Senator SARBANES tant future, once people have had the stands their problem and the degree to talk about the disastrous cir- chance to be heard. Then, hopefully, we which he is committed to solving it. cumstances we are facing right now in will find some resolution. There is a silent death in rural Amer- Maryland. Maryland is different. We I think it is important at the end of ica today—a death that is pervasive, a don’t have a drought in South Dakota, the day, or no later than the end of the death that increasingly is affecting not we have floods. We have low prices. We week, for the Senate to have agreed on only farmers but people who live in have commodities that cannot be sold something. I don’t think it is enough rural America, whether it is on the because they cannot be stored. We have to simply have a Republican vote and a farm or in the town. Thousands upon agricultural situations, regardless of Democratic vote and leave it at that. It thousands of family farmers and small commodity, that are the worst since is my hope that we can work together businessmen and people who run the the Great Depression in terms of real to resolve the deficiencies in the Re- schools and run the towns are being purchasing power. Southerners have publican bill and listen to them as they forced to change their lives—are being different crop problems. We have to express themselves on what it is about forced to leave their existence in rural recognize that there are regional dif- the Democratic bill with which they America in large measure because it ferences and there are differences in are uncomfortable. At the end of the isn’t economically viable. commodities. Our emergency response week, we simply cannot close and leave The situation we have all called at- has to address them all. without having acted successfully on tention to over the course of the last 24 We also have to recognize that we this issue. It is too important. It sends months has worsened. Just in the last must respond to the disaster that is the wrong message if we simply walk 12 months, more than 1,900 family out there. Unfortunately, our Repub- away without having accomplished farmers have left the farm in South lican colleagues have drafted legisla- anything. Dakota alone. tion that, at least in its current form, I am very hopeful we can accomplish So there can be no question, this sit- does not respond at all to the disaster. something, that as Republicans and uation is as grave as anything we will There is no disaster commitment in Democrats we can come together to face in rural America at any time in that legislation. For a lot of reasons— send the right message to farmers that the foreseeable future. The question is, its insufficiency, its lack of fairness to we hear them, to send the right mes- what should we do about it? Our re- commodities, its lack of appreciation sage to rural America that we under- sponse is the amendment that Senator of the problems within regions, the fact stand, and that we are prepared to re- HARKIN and I have offered. I will have that it doesn’t respond to the dis- spond. more of an opportunity to discuss that aster—this side is convinced that if we As I noted, we have two versions that in a moment. were to pass the Republican bill today, have not yet been reconciled. Because I Let me say, regardless of what legis- it would not do the job. don’t believe the Republican plan is lation I have offered, and what legisla- I congratulate my colleagues for sufficient, because I don’t think it is tion may have been offered on the Re- joining in responding to the situation, fair, because it doesn’t respond to all

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10100 CONGRESSIONAL RECORD — SENATE August 3, 1999 regions and all commodities, I believe I thank Senator DASCHLE again for The PRESIDING OFFICER. Is there a today we can do better than that and his great leadership on this bill. We sufficient second? we must find a way with which to do may have to continue to do some work, There is a sufficient second. better than that. but I agree with our leader, we have to The yeas and nays were ordered. I yield the floor. do something before we leave here this The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- week. I thank him for his leadership question is on agreeing to the motion ator from Iowa. and yield the floor. to table amendment No. 1500, as modi- Mr. HARKIN. I thank the leader for The PRESIDING OFFICER (Mr. GOR- fied. yielding before he makes a motion. I TON). The minority leader. The yeas and nays have been ordered. will not take more than a couple of Mr. DASCHLE. Let me reiterate my The clerk will call the roll. minutes. I didn’t get a chance to make admiration and gratitude to the Sen- The legislative clerk called the roll. a couple of points earlier in the day. ator from Iowa. It has been his effort Mr. NICKLES. I announce that the I want to say a few words about the on the floor. He has managed our side Senator from Utah (Mr. HATCH) and the great work of the Senator from West in this regard. He has led us in working Senator from New Mexico (Mr. DOMEN- Virginia. I opened the New York Times to come up with a comprehensive ap- ICI) are necessarily absent. this morning and saw his picture. He proach. No one has put more effort and I further announce that, if present was standing in a drought-stricken leadership and commitment into this and voting, the Senator from Utah (Mr. cornfield in West Virginia yesterday than has Senator HARKIN. I am grateful HATCH) would vote ‘‘no.’’ with the Secretary of Agriculture, Sec- to him. The result was announced—yeas 47, retary Glickman. He called me on the Mr. HARKIN. I thank the minority nays 51, as follows: phone yesterday before the Secretary leader. [Rollcall Vote No. 249 Leg.] had gotten there. We talked about the EMERGENCY FARM RELIEF YEAS—47 terrible drought situation facing the Mr. KOHL. Mr. President, I rise in Akaka Feingold Lieberman farmers in West Virginia. Senator support of the Daschle amendment to Baucus Feinstein Lincoln BYRD wanted to make sure that we ad- provide relief to the farmers of this na- Bayh Graham Mikulski dressed that situation, which we have tion who now suffer from the irony of Biden Gregg Moynihan Bingaman Harkin Murray in our bill, to address the severe an economic crisis in rural America at Boxer Hollings Reed drought situation not only in West Vir- a time when the rest of the nation is Breaux Inouye Reid ginia but on the entire east coast. I enjoying one of our history’s greatest Bryan Johnson Robb Byrd Kennedy Rockefeller also heard personally from Senator period of economic prosperity. Senator Cleland Kerrey Santorum BYRD on the great problem facing our DASCHLE’s amendment will bring much Conrad Kerry Sarbanes Daschle Kohl livestock farmers. So we have placed in needed relief to America’s farmers who Schumer this amendment an amount of $200 mil- Dodd Landrieu face the real threat of a failed market Dorgan Lautenberg Torricelli lion to be added to Section 32 funds to and, in some cases, farmers who are Durbin Leahy Wellstone be used for assistance to livestock pro- caught in the grips of one of the worst Edwards Levin Wyden ducers who have suffered losses from droughts of this century. NAYS—51 Last year, Congress provided similar excessive heat and drought in declared Abraham Fitzgerald McConnell disaster areas. relief to farmers totaling nearly $6 mil- Allard Frist Murkowski Again, I commend Senator BYRD lion. The amendment offered by Sen- Ashcroft Gorton Nickles from West Virginia for bringing this to ator DASCHLE is in the $10 billion Bennett Gramm Roberts Bond Grams Roth our attention so we were able to put range. Without question, these are Brownback Grassley Sessions this amount of money into the bill for huge sums of money and this Congress Bunning Hagel Shelby livestock producers. I also want to should not recommend their expendi- Burns Helms Smith (NH) mention a couple of other things that ture without serious consideration of Campbell Hutchinson Smith (OR) Chafee Hutchison Snowe were not said earlier. the need and the consequences. How- Cochran Inhofe Specter We have some situations where crops ever, I would like to remind my col- Collins Jeffords Stevens have suffered damage, some in 1998 and leagues that during the farm crisis of a Coverdell Kyl Thomas some in 1999, where the existing farm decade ago, farm spending for com- Craig Lott Thompson Crapo Lugar Thurmond programs are not adequately address- modity price support programs in some DeWine Mack Voinovich ing the situation and the problems. So years exceeded $25 billion. By compari- Enzi McCain Warner we provided $500 million in our amend- son, the Daschle amendment when cou- NOT VOTING—2 ment to respond to these situations, in pled with USDA farm outlays under Domenici Hatch other words, to take a comprehensive current law, especially when adjusted view of the disasters that have struck for inflation, are modest by compari- The motion was rejected. many farmers around the country. We son. Mr. LOTT. Mr. President, I move to have problems with the citrus crop in Ask any farmer across America, in- reconsider the vote. California, with apples and onions in cluding dairy farmers in Wisconsin who Mr. CRAIG. I move to lay that mo- New York, that I understand is a $50 a few months ago witnessed the great- tion on the table. million problem. We expect the Sec- est drop in milk prices in history, and The motion to lay on the table was retary to also address that situation you will learn just how serious the cur- agreed to. with crops in New Jersey, New Mexico, rent farm crisis is. The Daschle amend- AMENDMENT NO. 1500, WITHDRAWN and I know in other States. ment is necessary to protect our farm- Mr. LOTT. Mr. President, I now with- We have done all we can in our bill to ers and their ability to protect our na- draw the amendment I offered on be- accommodate the request to address tional food security. We can point to half of Senator COCHRAN, amendment these issues in a comprehensive man- many different reasons why the farm No. 1500. ner in disaster payments. Again, I economy is now suffering. But more The PRESIDING OFFICER. The point out we take care of those disas- importantly, action is needed to deal amendment is withdrawn. ters in our bill. Those are not ad- with the immediate problem. Farmers AMENDMENT NO. 1506 TO AMENDMENT NO. 1499 dressed in the bill put forward by the now suffer from a failed safety net and (Purpose: To provide emergency and income other side. Senator DASCHLE’s amendment will loss assistance to agricultural producers) Last, I point out that Section 32 help patch the holes in that safety net Mr. HARKIN. Mr. President, I send funding is also available to purchase until one of greater substance and suc- an amendment to the desk and ask for commodities to reduce surpluses in a cess can be put in place. its immediate consideration. lot of different areas. That is why Sec- Mr. DASCHLE. Mr. President, at this The PRESIDING OFFICER. The tion 32 funding is so important. I ex- point I move to table the amendment clerk will report. pect at least $3 million would be avail- offered by the distinguished Senator The assistant legislative clerk read able to make up the existing shortfall from Mississippi. as follows: in the TEFAP funding under our pro- Mr. COCHRAN. Mr. President, I ask The Senator from Iowa [Mr. HARKIN], for posal. for the yeas and nays. himself, Mr. DASCHLE, Mr. DORGAN, Mr.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10101 KERREY, Mr. JOHNSON, Mr. CONRAD, Mr. BAU- I, and others on this side, is now the many others helped draft, does include CUS, Mr. DURBIN, Mr. WELLSTONE, Mrs. LIN- pending amendment. disaster relief; is that not a significant COLN, and Mr. SARBANES, proposes an amend- I would like to explain for a couple of difference? ment numbered 1506 to amendment No. 1499. minutes the differences between what Mr. HARKIN. The Senator from Mr. HARKIN. Mr. President, I ask we have proposed and what was pre- North Dakota is absolutely right. unanimous consent that reading of the viously voted on. The package that was There was no disaster assistance in the amendment be dispensed with. previously voted on was basically di- other bill. There is disaster assistance The PRESIDING OFFICER. Without rect payments to farmers, AMTA pay- in ours—$2.6 billion that would cover objection, it is so ordered. ments, transition-type payments, the droughts, cover the floods, and (The text of the amendment is print- which would go out. cover a lot of the natural disasters that ed in today’s RECORD under ‘‘Amend- Our package is a lot more com- have befallen farmers all over America. ments Submitted.’’) prehensive in that it addresses not only That is a big difference in these two Mr. LOTT. Mr. President, I move to the income loss of farmers this year be- bills. That is encompassing the bill table the pending amendment and I ask cause of disastrously low prices, but that we now have before us. for the yeas and nays. our proposal also has $2.6 billion in Lastly, I would like to say that the The PRESIDING OFFICER. Is there a there for disaster assistance. It covers payments that go out under our bill go sufficient second? such things as the 30-percent premium out to producers and go out to actual There is a sufficient second. discount for crop insurance, so we can farmers. Under the bill that we just The yeas and nays were ordered. get farmers to buy more crop insurance voted on, some of the payments would Mr. LOTT. Mr. President, I ask unan- all over America. We have money in go out to people who maybe didn’t even imous consent that a vote occur on the there for 1998 disaster programs that plant a thing this year. They may not motion to table that I just made at 5 were not fully compensated for with have even lived on a farm. This has to p.m., with the time between now and money from last fall’s disaster pack- do with 20-year-old base acreages and then equally divided. age. We have some livestock assistance program yields. So a lot of money can The PRESIDING OFFICER. Without programs, Section 32 funding, related go out to people who aren’t farming objection, it is so ordered. to natural disasters, and flooded land any longer. Our payments go out to ac- Mr. DASCHLE. Mr. President, I ask programs. I might also point out that tual farmers and people who are actu- the majority leader, for the purpose of because of the disastrous drought af- ally out there on the land. scheduling, as I understand it, this will fecting the East Coast, we have money I yield to my friend from New York. be the last vote and we will return to in our proposal that would cover dis- Mr. SCHUMER. I thank the Senator the dairy debate following this, is that aster payments to farmers up and down from Iowa. correct? the Middle Atlantic because of the se- I ask the Senator to yield for a ques- Mr. LOTT. Mr. President, if I can re- vere drought that is happening. tion. spond, I understand that, depending on I might also point out that because I want to underscore the point about how this vote goes, there may be a sec- of the need to get this money out rap- disaster relief in the Northeast. We ond-degree amendment that would be idly to farmers, we have adequate have farmers who are hurting in my offered perhaps by Senator ASHCROFT. funds in our disaster provision for State of New York. Further south, in But after that is dispensed with, that staffing needs for the Farm Service the middle Atlantic States, the would be the final vote of the day, I be- Agency, so they can get these funds out drought is probably the worst it has lieve, once we dispense with this whole in a hurry to our farmers. been in this century. It is awful. In my process. Then we can go on to debate I also point out that in the proposal State, it goes from county to county. dairy, and the vote on dairy cloture now before us, we have an emergency Some have had some rain. Many have will occur in the morning. We would conservation program for watershed not. In other States, it is the whole have time for debate on cloture to- and for wetlands restoration. We have State. night. some trade provisions that I think are The fact that this proposal has Mr. DASCHLE. I thank the majority eminently very important. They in- money for disaster relief and the other leader. clude $1.4 billion that would go for hu- doesn’t is going to mean a great deal The PRESIDING OFFICER. Who manitarian assistance. This would be for the Northeast, I would presume. yields time? to purchase oilseed and products, and Mr. HARKIN. Absolutely. In response Mr. DASCHLE. Mr. President, as I other food grains that would be sent in to my friend from New York, abso- understand it, time is equally divided, humanitarian assistance to starving lutely for New York and all the States so we have about 7 minutes on our side. people around the world. That was not in the upper Northeast. It is not only The PRESIDING OFFICER. The Sen- in the previous amendment we voted just the price problem that you have. ator is correct. on. You have some disasters hitting you up Mr. DASCHLE. I yield the floor. Mr. DORGAN. Will the Senator yield there, and no money to help those The PRESIDING OFFICER. Who for a question? farmers is included in their bill. That yields time? Mr. HARKIN. In one second, I will. is why it is so important that this bill Mr. HARKIN. Mr. President, who Also, we have some emergency eco- is passed and not tabled. controls time? nomic development because the disas- I hope Senators will recognize that in The PRESIDING OFFICER. The two ters that have befallen our farmers and this bill it is not only income support, leaders or their designees. the low grain prices have affected but it is also disaster payments to The Senator from Iowa is recognized many of our people in the smaller com- farmers. on the Democrats’ time. munities. We have funds for those prob- Mr. President, how much time do we Mr. HARKIN. I thank the Chair. lems also. have left on this side? The PRESIDING OFFICER. There is I yield for a question. The PRESIDING OFFICER. One less than 15 minutes remaining before Mr. DORGAN. Mr. President, I won- minute 19 seconds. the 5 o’clock vote. der if the Senator can emphasize dis- Mr. HARKIN. I reserve that time in Mr. HARKIN. Mr. President, we just aster relief. As the Senator indicated— case our leader wants to use it. had a vote on a package that was pro- and I knew this—the previous initia- I yield the floor. posed by the other side which would tive we voted on by the majority party, The PRESIDING OFFICER. Who have gone out in direct payments to and was not tabled, that did not in- yields time? If neither side yields time, farmers as sort of income support for clude disaster relief. We know disaster it will be equally to both sides. the low prices this year. The motion to is occurring. Drought is spreading The Democratic leader. table was unsuccessful. But I note that across the country. Disaster relief is Mr. DASCHLE. Mr. President, it is the vote was 51–47, a very close vote, to necessary. Is it the case that the pro- my understanding that a couple of be sure. So now, under the previous ar- posal we just voted on had no disaster other colleagues wish to speak. I don’t rangement, the first-degree amend- relief and the proposal we will vote on see them. There is only a minute left. ment offered by Senator DASCHLE and at 5 o’clock, which you and I and so We are not going to delay this vote.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10102 CONGRESSIONAL RECORD — SENATE August 3, 1999 I again compliment the distinguished Americans who are facing a crisis. If The question is on agreeing to the Senator from Iowa and my other col- we don’t help them, we all lose. motion to table the amendment. On leagues for their effort to get us to this Maryland has now been plagued by this question, the yeas and nays have point. I think for rural America this is drought for the third consecutive year. been ordered, and the clerk will call one of the most important votes we are The drought has destroyed between 30 the roll. going to cast this session. Whether or percent and 80 percent of the crops in The legislative assistant called the not we send a clear message about the nineteen counties in Maryland. Loss of roll. seriousness of this situation, the soybean, tobacco, wheat and corn crops Mr. NICKLES. I announce that the breadth and the depth of this situation, is making this a very tough season for Senator from Utah (Mr. HATCH) and the whether we really understand the mag- Maryland farmers. Our farmers need Senator from New Mexico (Mr. DOMEN- nitude of the problem will be deter- our help. Our farmers are losing crops ICI), are necessarily absent. mined by how this vote turns out. and they are losing money—without The PRESIDING OFFICER (Mr. If I had my way, we would do a lot help, they might lose their farms. Cou- SMITH of Oregon). Are there any other more. But at the very least, we must ple the drought with the record low Senators in the Chamber who desire to do this. There are millions of people prices, high costs and a glut in the vote? who are going to be watching to see market and that spells disaster for The result was announced—yeas 54, whether or not the Congress gets it Maryland farmers. nays 44, as follows: —whether or not the Congress under- I am already fighting with the rest of [Rollcall Vote No. 250 Leg.] stands the magnitude of the problem, the Maryland delegation to designate YEAS—54 whether or not we can fully appreciate Maryland farmland as disaster areas Abraham Frist McConnell the fact that people are being forced off because of the drought. This means the Allard Gorton Murkowski Ashcroft Graham Nickles the farms and ranches today, whether Department of Agriculture will provide Bennett Gramm Roberts or not that happens, and whether or emergency loans to our farmers. But Bond Grams Roth not we understand how serious this sit- we need to do more. Loans need to be Brownback Grassley Santorum paid back. Loans do not provide any Bunning Gregg Sessions uation is will be determined in the next Campbell Hagel Shelby 20 minutes. real long term assistance for our farm- Chafee Helms Smith (NH) I must tell you, Mr. President, that ing community. We must also provide Cochran Hutchinson Smith (OR) this is a very critical vote. I urge my grants for these farmers who are suf- Collins Hutchison Snowe Coverdell Inhofe Specter colleagues on both sides of the aisle fering most from the drought. The Craig Jeffords Stevens not to table this amendment. Join with Democratic package contains direct Crapo Kyl Thomas us in support. Let’s send the right mes- payments to help our farmers. These DeWine Lott Thompson grants could mean the difference be- Enzi Lugar Thurmond sage to American agriculture. Feingold Mack Voinovich I yield the floor. tween saving the family farm or selling Fitzgerald McCain Warner The PRESIDING OFFICER. All time out to the highest bidder. NAYS—44 for the proponents of the amendment Mr. President, the second reason I has expired. support this package is because it sup- Akaka Durbin Lieberman Baucus Edwards Lincoln The Senator from Mississippi. ports our family farms. Agriculture is Bayh Feinstein Mikulski Mr. COCHRAN. Mr. President, I know a critical component of the U.S. econ- Biden Harkin Moynihan of no Senator who is seeking recogni- omy. Our country was built on agri- Bingaman Hollings Murray Boxer Inouye Reed tion on this side. The issue has been de- culture. Agriculture helps us maintain Breaux Johnson bated fully. I think we are prepared to Reid our robust economy. It is what fills our Bryan Kennedy Robb Burns Kerrey go to vote. grocery stores with fresh, plentiful sup- Rockefeller Byrd Kerry I yield the time on this side on the Sarbanes plies of safe food for our families. It al- Cleland Kohl Schumer amendment. lows us to trade with other countries Conrad Landrieu Ms. MIKULSKI. Mr. President, I rise and build global economies and part- Daschle Lautenberg Torricelli Wellstone today in strong support of the Demo- nerships. It allows us to assist other Dodd Leahy Dorgan Levin Wyden cratic Emergency Relief Package for countries whose people need food. Agri- Agriculture. I am pleased to be a co- culture is the number one industry in NOT VOTING—2 sponsor of this critical amendment. the State of Maryland. We need to Domenici Hatch American farms are struggling to sur- make sure U.S. agriculture is strong. The motion was agreed to. vive. This package creates a safety net We cannot allow natural disasters to Mr. COCHRAN. I move to reconsider for our farmers who are facing a dev- ruin this crucial sector by putting the vote. astating drought. farms out of business for good. These Mr. CRAIG. I move to lay that mo- I support this amendment for three are good farmers who, through no fault tion on the table. reasons. First it will help our farmers of their own, have been put in dev- The motion to lay on the table was in Maryland who are suffering through astating situations. These are farmers agreed to. an extreme drought. Second, it will we need. I will not stand by and allow Mr. COCHRAN. Mr. President, I sug- help us maintain our agri-economy in them to go under. We must pass this gest the absence of a quorum. the United States. Third, it is com- farm package to save our farmers. The PRESIDING OFFICER. The prehensive because it helps farmers in Finally, Mr. President, I support this clerk will call the roll. all regions of the country. package because it supports farmers in The legislative clerk proceeded to My state of Maryland is suffering all regions of the country. The com- call the roll. from the most severe drought in the bination of low prices, lack of adequate Mr. ASHCROFT. Mr. President, I ask State’s history. Last week, Governor crop insurance and natural disasters unanimous consent that the order for Glendening declared a state-wide has made it a challenge to draft a the quorum call be rescinded. The PRESIDING OFFICER. Without drought emergency. This is the first package that helps everyone. Different objection, it is so ordered. time in Maryland’s history that the areas of the country suffer from one or Governor has had to take such drastic all of these contingencies. As I men- AMENDMENT NO. 1507 TO AMENDMENT NO. 1499 measures. Up to this point, water con- tioned, Maryland suffers from all three. (Purpose: To provide stability in the United States agriculture sector and to promote servation efforts have been voluntary. This makes it especially hard for us. It Now, Marylanders will be required by adequate availability of food and medicine also makes it especially vital that we for humanitarian assistance abroad by re- law to conserve water. The United pass this farm relief package today. quiring congressional approval before the States Geological Survey officials are I strongly urge my colleagues to vote imposition of any unilateral agricultural calling the drought of 1999 possibly the to help our American farmers and to or medical sanction against a foreign coun- century’s worst in the Mid Atlantic re- save our farms. try or foreign entity) gion. We can’t stand by and let our The PRESIDING OFFICER. Is there Mr. ASHCROFT. Mr. President, it is farmers face this drought on their own. objection to voting at this time? my intention to send an amendment to These are hard working, tax paying Without objection, it is so ordered. the desk.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10103 Mr. HARKIN. May we have order, cine. The amendment would not result of these kinds of embargoes. The please. This is an important amend- strict or alter the President’s current National Association of Wheat Growers ment. ability to impose broad sanctions with estimated that sanctions have shut The PRESIDING OFFICER. The Sen- other nations. It certainly does not U.S. wheat farmers out of 10 percent of ate will be in order. preclude sanctions on food and medi- the world’s wheat market. The Wash- Mr. ASHCROFT. I thank the Chair. cine. It simply says the President may ington Wheat Commission projects And I am grateful to the Senator for include food and medicine in a sanction that if sanctions were lifted this year, asking for order in the Chamber. regime, but he must first obtain con- our wheat farmers could export an ad- I intend to send an amendment to the gressional consent. ditional 4.1 million metric tons of desk relating to something that I think We did add a special provision to this wheat, a value of almost half a billion is very important to the members of amendment with regard to countries dollars to the United States and to the agricultural community in the that are already sanctioned. For the American farmers. American soybean United States of America. seven countries under a broad sanc- farmers could capture a substantial This is an amendment that relates to tions regime, we want to afford the part of the soybean market in sanc- farmers because it relates to their abil- President and the Congress some time tioned countries. For example, an esti- ity to sell the things they work hard to to review the sanctions on food and mated 90 percent of the demand for produce. Currently, it is possible for medicine on a country-by-country soybean meal in one country, 60 per- the President of the United States to basis. Therefore, the bill would not cent of the demand for soybeans in an- sanction—meaning, to curtail—the take effect until 180 days after it is other. Soybean farmers’ income could right of farmers to export and sell that signed by the President. This gives rise by an estimated $100- to $147 mil- which they produce on their farms. both branches of Government enough lion annually, according to the Amer- The farmers work hard, they get a time to review current policy and to ican Soybean Association. bumper crop, and then, because the act jointly, as would be necessary if For us to raise barriers for the free- President would decide that he wanted jointly they were to decide that sanc- dom of our farmers to market the to make some foreign power or another tions against food and medicine should things they produce and hold them hos- respond to his interests or his require- be maintained. ments, or our interests or our require- There are some exceptions. If Con- tage to our foreign policy objectives ments, the President would impose an gress declares war, there is no question would require that we could get great embargo, a trade embargo, which about it; the President should have the foreign policy benefit from these objec- would forbid our agriculture commu- authority to sanction food and medi- tives. And there isn’t any clear benefit. nity to export corn or wheat or soy- cine without congressional approval. One of the most ironic of all the case beans—agricultural products—to these The President’s authority to cut off studies about agricultural sanctions other countries. food and medicine sales in wartime ob- was the study of our grain embargo Sanctions do play an important and viously should exist and would con- against the Soviet Union in the late vital role in the U.S. foreign policy. tinue to exist. 1970s. Indeed, there we were upset But I think when you talk about uni- The bill specifically excludes all about activities in the Soviet Union, so lateral sanctions that the Government dual-use items and products that could we indicated we wouldn’t sell to the of the United States enters into alone, be used to develop chemical or biologi- Soviet Union the grain we had agreed and you talk about food and medicine cal weapons. There are not many agri- to sell to them. It was something like as the subject of sanctions, you have to cultural or medicinal products that 17 million tons. ask yourself a variety of different ques- have military applications, but the bill It turns out that by canceling our tions that I think really result in sort provides safeguards to ensure our na- agreements, the Soviets went to the of a different conclusion about food and tional security is not harmed. medicine type sanctions than a lot of We made sure that no taxpayer world market, according to the best other sanctions. money could be used to subsidize ex- studies I know of, and they saved $250 Put it this way. I think it is impor- ports to any terrorist governments. We million buying grain on the world mar- tant that we make sure we do not pro- specifically exclude any kind of agri- ket instead of buying it from us. So our vide countries with the wrong kind of cultural credits or guarantees for gov- embargo not only hurt our own farmers hardware, the wrong kind of commer- ernments that are sponsors of inter- but aided the very country to which we cial assets. But it makes very little national terrorism. However, we do had directed our sanction. It seems to sense, in most circumstances, to say to allow credit guarantees to be extended me we should not be strengthening our other countries: We are not going to let to private sector and nongovernmental targets when we are weakening Amer- you spend money on food; we are not organizations. This targeted approach ican farmers through the imposition of going to let you spend money on medi- helps us show support for the very peo- unilateral sanctions on food and medicine. ple who need to be strengthened in cine—the idea somehow that we allow This amendment, which I will be of- these countries, and by specifically ex- foreign governments to starve their fering, is an amendment that is de- cluding terrorist governments, we send people and to spend their resources on signed to involve the Congress in the a message that the United States will things that destabilize regions of the important decision about whether or in no way assist or endorse the activi- world, telling their people: We can’t not we should have sanctions that re- ties of nations which threaten our in- have food in this country, the U.S. late to food and medicine that are uni- terests. won’t sell us food, when I think we laterally imposed by the United States Just last week, the American Farm should be glad for any country to buy of America, not in conjunction with Bureau and all State farm bureaus things like soybean and wheat and rice any other powers. across the Nation released an ag recov- and corn so that they are not buying To summarize the kind of regime ery action plan. It requested $14 billion things that are used to destabilize that would be specified in this amend- in emergency funding. I think it is a their neighbors or weaponry and the ment, the bill would not tie the hands serious request. It is not a request that like. I believe it is important for us to of the executive by making it nec- I take lightly. We are now considering say to our farmers that we are not essary for the President to get the con- proposals in the Congress from about going to make them a pawn in the sent of Congress. The President’s hands $7- to $11 billion. We need to be ad- hands of people for international diplo- wouldn’t be tied. He could still get dressing the emergency needs of farm- macy. The rest of America continues to sanctions. He would simply have to ers, but we also need to reduce our own go merrily forward, and they are bear- have the agreement of the Congress so barriers that our own farmers suffer ing the brunt because they operate in a that while the President would need under such as unilateral agricultural world marketplace where there are the agreement of Congress, his hands embargoes. markets for these commodities that, in would not be tied. He would literally The USDA estimated that there has the event the foreign powers want have to shake hands with Congress be- been a $1.2 billion annual decline in our them, they get them and replace them fore he embargoes agriculture or medi- economy during the mid-1990s as a re- very easily.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10104 CONGRESSIONAL RECORD — SENATE August 3, 1999 It is with that in mind that this seek to address the problem of current This amendment undoubtedly sets a amendment has been constructed, care- U.S. sanctions policies. high standard for the imposition of fully constructed, and designed to re- In particular, I am pleased to be the unilateral economic sanctions for food spect the need for sanctions where they cosponsor of Senator LUGAR’s bill, S. and medicine. It is a standard that are appropriate. When we engage in 757, which seeks to create a more ra- seeks to end the practice of using food sanctions multilaterally, this does not tional framework for consideration of and medicine as a foreign policy weap- come into play. This is designed to af- future U.S. sanctions. While I strongly on at the expense of our agricultural fect unilateral sanctions on food and support the amendment currently producers. medicine, and it doesn’t prohibit them. pending before the Senate, this is only Mr. President, the strong support we It simply says that in order for the the first step in addressing economic are receiving from commodity groups President to impose them, he would sanctions reform. It is my hope Con- is a testament to the importance of have to gain the consent of the Con- gress will continue to work in a bipar- this amendment to our agricultural gress. tisan manner to make our sanctions producers. Organizations such as the I am pleased that there is a long list policy more focused and effective. American Soybean Association, the of individuals who have been willing to I am sure it comes as no surprise to National Corn Growers Association, my colleagues from farm states that cosponsor this amendment with me. and the National Association of Wheat there is a crisis in rural America. It is Frankly, this amendment is a combina- Growers—groups that represent Amer- a crisis that is threatening the very tion of provisions that were in a meas- ica’s farmers—support this amendment foundations of family-based agri- ure Senator HAGEL of Nebraska and I because they understand the costs and culture. Export markets have shrunk, consequences associated with unilat- had proposed. We have come together commodity prices have plummeted, eral economic sanctions. to work on it. Senator BAUCUS, Senator and rural incomes have decreased at an Mr. President, this measure will help ROBERTS, Senator KERREY of Nebraska, alarming rate. Yet while this is occur- our agricultural producers by return- Senator DODD of Connecticut, Senator ring, both Congress and the President ing some common sense to the imposi- BROWNBACK of Kansas, Senator GRAMS have continued to pursue a foreign pol- tion of U.S. sanctions. I urge my col- of Minnesota, Senator WARNER of Vir- icy that places restrictions on our agri- leagues to join with the cosponsors of ginia, Senator LEAHY of Vermont, Sen- cultural producers, closes off markets, this amendment to take the first step ator CRAIG of Idaho, Senator FITZ- and lowers the value of commodities. GERALD of Illinois, Senator DORGAN, Too often, we have used the blunt in- toward economic sanctions reform. Senator SESSIONS, Senator LINCOLN of strument of unilateral economic sanc- Mr. TORRICELLI addressed the Arkansas, Senator LANDRIEU, Senator tions—including restrictions on the Chair. The PRESIDING OFFICER. The Sen- HARKIN, Senator CONRAD, Senator sale of U.S. agricultural products—as a INHOFE and others have been willing to simple means to address complex for- ator from New Jersey. Mr. TORRICELLI. Mr. President, I cosponsor this amendment. I think it is eign policy problems. These agricul- rise in opposition to the Ashcroft an important amendment. I am pleased tural sanctions end up hurting the amendment. As every other Member of to have this opportunity to offer the most vulnerable in the target country, amendment. eroding confidence in the United States this institution, I understand the hard- I send the amendment to the desk. as a supplier of food, disrupting our ex- ship in American agriculture. I know The PRESIDING OFFICER. The port markets, and placing an unfair the suffering of American families, and clerk will report. burden on America’s farmers. I know something of the problem of the The legislative clerk read as follows: Mr. President, I do not mean to sug- policy. This amendment is based on a The Senator from Missouri [Mr. gest we will bring relief to rural Amer- false promise. We are telling the Amer- ASHCROFT], for himself, Mr. HAGEL, Mr. BAU- ica by simply reforming our sanctions ican farmer that with all of his prob- CUS, Mr. ROBERTS, Mr. KERREY, Mr. DODD, policy. The crisis in agriculture is prin- lems, a significant difference in his life Mr. BROWNBACK, Mr. GRAMS, Mr. WARNER, cipally a result of the failure—not of can be made if only we can stop these Mr. LEAHY, Mr. CRAIG, Mr. FITZGERALD, Mr. our foreign policy—but of our farm pol- sanctions. DORGAN, Mr. SESSIONS, Mrs. LINCOLN, Ms. icy. It is time to rewrite the farm bill It is a false promise. All of these LANDRIEU, Mr. CONRAD, Mr. HARKIN, Mr. to safeguard producer incomes and to countries combined, their total impor- INHOFE, and Mr. CHAFEE, proposes an amend- tation of agricultural products is 1.7 ment numbered 1507 to amendment No. 1499. stop the outmigration from our rural communities. Those who argue sanc- percent of agricultural imports. Mr. ASHCROFT. Mr. President, I ask So even if they bought nothing from unanimous consent that reading of the tions are the sole cause of the problems in agriculture fail to realize the chal- Canada, nothing from Argentina, noth- amendment be dispensed with. lenges we are facing require a more ing from Australia, and nothing from The PRESIDING OFFICER. Without comprehensive solution. However, Europe, altogether it would be 1.7 per- objection, it is so ordered. while we work to improve farm legisla- cent of these imports. What is the po- (The text of the amendment is print- tion, we cannot continue to ask our tential of these countries that we are ed in today’s RECORD under ‘‘Amend- farmers to bear the brunt of U.S. for- being told markets will open by the ments Submitted.’’) eign policy decisions. Ashcroft amendment? How much PRIVILEGE OF THE FLOOR The amendment we are currently money is it that these people have to Mr. ASHCROFT. Mr. President, I ask considering would be a positive first spend to help the American farmer? In unanimous consent that James Odom step in addressing sanctions reform. North Korea, the total per capita an- of my staff be granted the privilege of Under current law, agricultural and nual income of a North Korean is $480. the floor during today’s session. medicinal products may be included In Cuba, it is $150. The PRESIDING OFFICER. Without under a sanctions package without any Mr. President, the American farmer objection, it is so ordered. special protections against such ac- is being told: There is a rescue here for Mr. CHAFEE. Mr. President, I ask tions. However, if this amendment is you. Rather than deal with the sub- unanimous consent that I be added as a adopted, agricultural products and stantive problems of American agri- cosponsor of the Ashcroft amendment. medicine would be precluded from any culture at home, we have an answer for The PRESIDING OFFICER. Without new unilateral sanctions unless the you. We are going to open up importa- objection, it is so ordered. President submits a report to Congress tion and export to all these terrorist Mr. KERREY. Mr. President, I rise specifically requesting these products nations, and that will solve the prob- today in support of the pending amend- be sanctioned. Congress would then lem. Really? With $150 in purchasing ment regarding agricultural sanctions have to approve the request by joint power in Cuba? The purchasing power reform. One only has to run a search resolution. Furthermore, should an ag- of the North Koreans? for legislation regarding sanctions to ricultural sanction be imposed, it The fact of the matter is, to the ex- see that economic sanctions reform has would automatically sunset after two tent there is any potential in these become a key issue for the 106th Con- years. Renewal would require a new re- countries to purchase American agri- gress. I am pleased to be the cosponsor quest from the President and approval cultural products, the administration of several pieces of legislation that by the Congress. has already responded. There may not

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10105 be much of a potential, but what there justice who did so to Pan Am 103. We Korea. If North Korea had the money is, we have responded to. are now in an agreement with Libya to to import food, they would do so from Last week, the administration per- bring those terrorists to trial. Now, in every other nation in the world that mitted the limited sale of food and ag- the middle of the trial, while there is does not have sanctions on them. They ricultural commodities to these coun- an agreement, this amendment would don’t because they can’t, because they tries by licenses on a country-by-coun- lift the sanctions and allow the expor- can’t afford it, because they have no try basis. We did so for a responsible tation of those products. money. You are making an offer no one reason. If the North Koreans are going The Sudan. Sanctions have not been can accept—an answer to the American to import American agricultural prod- in place long. In an act I am sure my farmer that has no substance. I don’t ucts, we want to know who is import- colleagues recall, Mr. bin Laden’s lieu- believe there is a single farmer in ing them and who is getting them—in tenants plotted and executed the de- America who either believes this argu- other words, that they are going to go struction of American embassies in ment or, even if it would be successful, to the people of North Korea and not Kenya and Tanzania in August 1998; 224 even if they did have money, would the military of North Korea. If they people were murdered. The administra- want to profit off the misery of others are going to Cuba, we want to know the tion appropriately responded with who are victims of this kind of ter- Cuban people are getting them, not the sanctions, prohibiting the exportation rorism. Cuban military. The same goes for Iran of products of any kind to the Sudan. I, too, represent an agricultural and Libya. The amendment of the Senator from State. Farmers in the State of New The potential of what Mr. ASHCROFT Missouri would lift those sanctions. Jersey—the Garden State—are also suf- is asking we have already done but in North Korea. The intelligence com- fering. a responsible way. Indeed, potentially, munity and the Japanese Government I have yet to find one American with Iran, Libya, and Sudan, this could have put us on notice that, in a matter farmer—good Americans, patriotic be $2 billion worth of sales to those of weeks or months, the North Korean Americans—who believes the answer to countries—but ensuring that they go to Government may test fire an inter- their problem is selling Qadhafi prod- people—not militaries, not terrorist mediate to long-range missile capable ucts, or the Iranians. American farm- sects, but the people. Here is an exam- of hitting the United States. We are in ers—all of the American people—have ple of the policy the administration discussions with the North Koreans long memories. has had since May 10 with regard to urging them not to do so. We have en- These people are outlaws. Every one Cuba. Regulations permit the license tered into a limited humanitarian food of these nations is on the terrorist list. and sale of food and commodities on a program to convince them not to en- Is our policy to put nations on the ter- case-by-case basis if they go to non- gage in the design or testing of an rorist list because they kill our citi- government agencies, religious organi- atomic weapon. The amendment of the zens, bomb our embassies, destroy our zations, private farmers, family-owned Senator from Missouri would negate planes, and then to say: It is out- businesses. If your intention is to sell that program, where we already sell rageous but would you like to do busi- food to any of those entities, you can food, knowing its end use and end sanc- ness? Can we profit by you? We know get a license and you can do it. To tions. our citizens have been hurt. But, you whom can’t you sell? The Communist Iran. The administration has already know, that was yesterday; now we Party, the Cuban military for re-export entered into a program where we can would like to make a buck. by the Cuban Government for Fidel license the exportation of food to Iran Please, my colleagues, don’t come to Castro. if we know its end use. But only this this floor and argue that you are con- The amendment offered by the Sen- year, the administration again noted tradicting the foreign policy of Bill ator from Missouri solves no problem that Iran supports terrorist groups re- Clinton. You are. And you are under- and simply contradicts the administra- sponsible for the deaths of at least 12 mining his negotiations as to the tion’s policy of ensuring that this goes Americans and has funded a $100 mil- North Korean missile tests and atomic to the people we want to be the end lion program to undermine the Middle weapons, and you are undermining our users. The same is true in North Korea. East peace process, giving direct bilat- efforts to bring people to justice in Today, the United States is in a hu- eral assistance to every terrorist group Libya and for human rights in Cuba. manitarian assistance program to in the Middle East, undermining Israel But don’t come to this floor and just North Korea. Over $459 million worth and American foreign policy. claim you are undermining Bill Clin- of food has been donated to North Cuba. In October 1997, the United ton. Half of these sanctions were put in Korea through the World Food Pro- States found that the Cuban Govern- place by Ronald Reagan and George gram. UNICEF has done the same. But ment had murdered four Americans Bush. This is 30 years of American for- we send monitors. When the food ar- and found them guilty of gross viola- eign policy with a single vote, with a rives in North Korea, we monitor that tions of human rights. Last year, 12 Cu- stroke of a pen, that you would under- it is going to the people of North bans were indicted in Florida for a plot mine. Korea, not the military. We want to to do a terrorist act against American Some of you may be prepared to for- know the end users. military facilities in Florida. The get some of the things through all of The amendment by the Senator from United States already licenses food to these years. Maybe some of these acts Missouri will be a wholesale change in Cuba, where we know the end use. The are distant. But my God. Saddam, the American foreign policy. Sanctions amendment of the Senator from Mis- destruction of American embassies? that have been in place since the Ken- souri would allow the wholesale expor- Some of those families are still griev- nedy administration, through Johnson, tation of food to Cuba despite these in- ing. We haven’t even rebuilt the embas- Nixon, Carter, and Reagan, will be dictments, gross human rights viola- sies. We are still closing them because abandoned wholesale—a radical change tions, and 30 years of American foreign of terrorist threats. The man who mas- in American foreign policy. policy. terminded it is still being hunted. What are the nations and what are I respect the concern of the Senator The Sudan? the policies that would be changed? I from Missouri for the American farm- This is our idea of how to correct want my colleagues to walk down er. I understand the plight. But let’s American foreign policy? My col- memory lane with me. Before you vote deal truthfully with the American leagues, I want to see this amendment to end the policy of 30 years of Amer- farmer, his family, and his plight. The defeated. But, indeed, that is not ican administrations, I want you to un- Cuban family who earns $150 a year, enough. derstand who will be getting these food through their purchasing power, is not If from North Korea to the Sudan to exports, without licenses, which are going to salvage American agriculture. Iran there is a belief that you can just not required to ensure the end users. I If Cuba was capable of importing food wait the United States out, that we are cannot be the only person in this insti- today, they would do so from Argen- the kind of people who will forget that tution who remembers Mr. Qadhafi, his tina, Canada, or Europe. They don’t be- quickly, who will profit in spite of destruction of an American airliner, cause they can’t, because they have no these terrible actions against our peo- his refusal to bring the terrorists to money. The same is true of North ple, what a signal that is to others.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10106 CONGRESSIONAL RECORD — SENATE August 3, 1999 What a signal it is to others who en- sanctions should, in fact, be in the ar- national security interests or in our gage in terrorism. senal of our foreign policy tools, but it national interests as he defines those I do not hold a high standard with also recognizes that the Congress through his policy, to impose unilat- whom we do business. Business is busi- should have a role in that decision. eral sanctions. However, he does it ness. Politics is politics. But there is a This amendment recognizes that with the Congress as a partner; the point at which they meet. These rogue there are circumstances where export Congress has a say when we use unilat- nations, identified after careful anal- controls may be necessary, such as in eral sanctions. ysis of having engaged in the spon- times of war, if it is a dual-use item This is not just about doing what is soring of international terrorism, de- controlled by the Commerce Depart- right for the American farmer and serve these sanctions. On a bipartisan ment, or if the product could be used in rancher, the agricultural producer. basis, we have always given them these the manufacture of chemical or bio- This amendment also makes good hu- sanctions. Don’t desert that policy. logical weapons. That is not the debate manitarian and foreign policy sense. Bin Laden in his cave in Afghanistan, here. That is not the debate. Our amendment will say to the hungry Abu Nidal in the Middle East are even But we have had a long and sad his- and oppressed of the world that the now plotting against Israel and the tory in understanding what unilateral United States will not make their suf- peace process. sanctions do to those who impose fering worse by restricting access to I don’t know whether the American them. We don’t isolate Cuba. We don’t food and medicine. farmer will know of or appreciate this isolate China. We don’t isolate any na- I have heard the arguments; I under- vote. But I know that in those capitals tion other than our own interests when stand the arguments. I don’t believe I in those countries where the people we say: We will not sell you our grain, live in a fairyland about where the food committed these acts it will be noted. our medicines. goes, where the medicine goes. We un- This is not a partisan affair. I am Do we really believe that in the derstand there always is that issue very proud that from CONNIE MACK, world we live in today a nation cannot when we export food, sell food, give who has joined this fight for some get wheat from Australia, from Can- food to dictators, to tyrants. We under- years, to the distinguished chairman of ada, or cannot get soybeans from stand realistically where some of that the committee, Chairman HELMS, to Brazil? The fact is that the world is dy- may be placed. BOB GRAHAM, to our own leadership in namic. It has always been dynamic. To arbitrarily shut off to the people, HARRY REID, to, indeed, the majority The challenges change. The solutions the oppressed masses of the world, leader, Senator LOTT, they have all to those challenges, the answers to food, medicine, and opportunities is joined in defeating this amendment be- those challenges, must be dynamic as not smart foreign policy. It is not cause it is right for American foreign well. smart foreign policy. It will make it policy. We need to send a strong message to harder for an oppressive government, Let’s do justice to the American our customers and our competitors the tyrants and dictators, to blame the farmer by dealing with the substantive around the world that our agricultural United States for humanitarian plights problem—not dealing with excuses, and producers are going to be consistent of their own people. In today’s world, not dealing with other matters. We do and reliable suppliers of quality and unilateral trade sanctions primarily nothing by fooling the American farm- plentiful agricultural products. isolate those who impose them. er. The American farmer stands shoul- I heard the discussion on the floor of For those reasons and many others der to shoulder with every other Amer- the Senate today about this amend- that Members will hear in comments ican against terrorism and the defense ment—talking about, well, my good- made yet this afternoon on the floor of of our country and its interests. ness, are we trying to fix the problems the Senate, I strongly encourage my Mr. President, I yield the floor. of farmers with this amendment with colleagues to take a hard look at what The PRESIDING OFFICER. The Sen- sanctions reform? No. No, we are not. we are doing, what we are trying to do, ator from Nebraska. But I think it is important we under- to make some progress toward bringing Mr. HAGEL. Thank you, Mr. Presi- stand that this is connected. This is a unilateral sanctions policy into a dent. linked. Trade reform and sanctions re- world that is relevant with the border- Mr. President, I rise to strongly sup- form were, in fact, part of the commit- less challenges of our time. I believe we port this amendment. I am a cospon- ment that this Congress made to our do protect the national interests of sor. As Senator ASHCROFT noted, it is agricultural community in 1996. this country, that we sacrifice none of the blending of Senator ASHCROFT’s bill We need to lead. We need to be cre- the national interests on behalf of and my bill that produced this amend- ative. We need to be relevant. We need American agriculture. In fact, this ment. to connect the challenges with the pol- amendment accomplishes both. This amendment establishes a basic icy. USDA, for example, reports that I yield the floor. principle: Food and medicine are the the value of agricultural exports this Mr. GRAHAM. Will the Senator most fundamental of human needs and year will drop to $49 billion. That is a yield? should not be included in unilateral reduction from $60 billion just 3 years Mr. HAGEL. I am happy to yield to sanctions. ago. American agriculture is already the Senator. The rate of change in today’s world is suffering from depressed prices and re- Mr. GRAHAM. I am struck with some unprecedented in history. Trade, and duced global markets, as we have heard of the inconsistencies within this particularly trade in food and medi- very clearly today, making sanctions amendment. I appreciate my col- cine, is the common denominator that reform even more important. Again, league’s elucidation as to their signifi- ties together the nations of the world. let’s not blur the lines of this debate. cance. American exports of food and medicine I noted as well the debate today on Under ‘‘New Sanctions,’’ it states: act to build bridges around the world. the floor regarding the Iranian piece of . . .the President may not impose a unilat- It strengthens ties between people and sanctions reform. eral agricultural sanction or a unilateral demonstrates the innate goodness and Let’s not forget that when America medical sanction against a foreign country humanitarianism of the American peo- broke diplomatic relations with Iran, or a foreign entity for any fiscal year, un- ple. Iran was the largest importer of Amer- less— This amendment recognizes that ican wheat in the world. I think, as has And there are certain exceptions. In there could be reasons to restrict food been noted, Iran this year will import terms of ‘‘new sanctions,’’ we are and medicine exports and recognizes almost $3 billion worth of wheat. Are speaking as to presidentially imposed. that, in fact, sometimes unilateral we talking about just the commercial Under ‘‘Existing Sanctions’’ it says: sanctions are in the best interests of interests and the agricultural interests . . .with respect to any unilateral agricul- this Nation’s security. We do not take of America and national security inter- tural sanction or unilateral medical sanction that ability away from the President of ests be damned? No, we are not talking that is in effect as of the date of enactment the United States. That is not what about that. of this Act for any fiscal year.... this amendment does. We all recognize This amendment gives the President As my colleague knows, some of the that there are times when unilateral the power, when he thinks it is in our sanctions that would be covered by this

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10107 existing sanctions language are con- Mr. ASHCROFT. Mr. President, in re- not buying explosives; they are not re- gressionally imposed, not presi- sponse to the inquiry of the Senator pressing their population. As a matter dentially imposed. from Florida, it is clear that the intent of fact, if we could get them to use all The question I have is, Why make the of this bill and the language which of their currency to buy American distinction for new sanctions, that would be carried forward is that sanc- farm products instead of buying the ca- they must be presidentially imposed, tions should be the joint agreement be- pacity to repress their own people or assumedly reserving to Congress the tween the Congress and the President. destabilize other parts of the world, we right to impose a new sanction? Yet This bill does set aside existing sanc- want them to do that. The conspicuous with old existing sanctions, the amend- tions and establish a singular regime in absence here, obviously, is we will not ment wipes out both those that were which sanctions would exist unless an- provide credit for them which would re- presidentially as well as those which other bill or enactment changed that. lease them to spend their hard cur- had been sanctioned by action of Con- Now, a Congress in the future could rency in these counterproductive ways. gress. What is the rationale? impose, with the agreement of sanc- So the philosophy of this measure is Mr. HAGEL. I will yield to Senator tions, sanctions in a regime that was such that we think any time these peo- ASHCROFT. That is in his part of the contradictory to this bill because Con- ple will spend money on food and medi- bill. Our two bills were melded to- gress always has the capacity to cine, they are not spending their re- gether. change the law. One law we pass today sources on other things which are Mr. ASHCROFT. May I respond to doesn’t bind future Congresses from much more threatening, not only to the United States but to the commu- the question of the Senator from Flor- changing that law and future enact- nity of nations at large. ida? ments. The PRESIDING OFFICER (Mr. Mr. GRAHAM. The concern I have is I think the Senator from Florida is that what essentially we have, or what BROWNBACK). The Senator from Mis- correct that this measure sets aside ex- the Senator proposes to do—I hope we souri. isting sanctions and requires that fu- Mr. ASHCROFT. I thank the Senator do not follow this suggestion—is to ture sanctions, be they initiated by the say, if you are a sufficiently rich ter- from Florida for his question. Congress or by the President of the This bill is to harmonize the regime rorist state, you can afford to buy the United States, involve an agreement products without any of the credit or of potential sanctions and basically re- between the executive and the legisla- quires an agreement by the President other assistance that is often available tive branches. There is a timeframe in those transactions. If you are rich and the Congress for any unilateral during which that is to happen pro- enough to be able to make the pur- sanction that would be expressed by vided for in this amendment. chase without depending upon that, this country against exporting agricul- Mr. GRAHAM. Continuing with the then these prohibitions that are cur- tural or medicinal commodities to questions, would the Senator from Mis- rently in place—by action of the Con- other countries. souri be amenable to a modification of gress or action of the President or, in This results in having to come back this amendment to make the existing the case of several of these, by action to reestablish any existing sanctions, sanctions provision on page 5 con- of both the Congress and the Presi- and that has been considered in the sistent with the new sanctions stand- dent—will not apply. But if you are a drafting of this bill. This bill is not to ards on page 4? poor terrorist country and cannot af- go into effect for 180 days after it is Mr. ASHCROFT. Mr. President, I am ford to buy the food unless you have signed by the President, to give time willing to consider and would like to one of these subsidies, then you are for the consideration of any sanctions have an opportunity to discuss that. I prohibited. Is it that a rich terrorist that exist in the measure, and if the am pleased during the course of the de- state gets a preference over a poor ter- President and Congress agree that bate this evening to see if something rorist state? there are additional sanctions to be can be worked out. If the Senator from Mr. ASHCROFT. No, I do not think levied unilaterally against any of these Florida believes there is progress to be so. I really think what we are saying is countries, then those can in fact be made in addressing that, we would be no matter how much money you have, achieved. pleased to talk about those issues. if you are a terrorist state we would The intention of the bill is to give Mr. GRAHAM. If I could move to an- rather have you spend that money on the Congress and the President the other provision, which is beginning at food and medicine than we would have ability to so agree on those issues. line 12, we have the ‘‘Countries Sup- you spend that money on weaponry or Mr. GRAHAM. To continue my ques- porting International Terrorism’’ sec- destabilizing your surrounding terri- tion, I don’t think that was quite re- tion, which reads: tory. No matter how much money you sponsive to the issue I am raising. This subsection shall not affect the current have or you do not have, we are willing In the Senator’s opening statement, prohibitions on providing, to the government and pleased to have you spend that to the principal argument was that we of any country supporting international ter- acquire things that will keep you from should not allow the President to uni- rorism, United States government assist- oppressing individuals. laterally be imposing these sanctions, ance, including United States foreign assist- I suppose you could argue rich ter- and in terms of new sanctions as out- ance, United States export assistance, or any rorist states are going to be better off lined on page 4, you clearly restrict the United States credits or credit guarantees. than poor terrorist states. I think that application by the President of the pro- What is missing from that set of pro- is something that exists independent of hibition to those that are unilateral. hibitions is prohibitions against direct, this particular proposal of this par- As it relates to existing sanctions, unaided commercial sales. As I gather ticular amendment. Rich nations, be this language appears to sweep up both from the Senator’s earlier presentation they good, bad or indifferent, generally sanctions that were unilaterally im- of this amendment, it is his intention are better off than poor ones. But I posed by the President, such as the one that a nonassisted commercial sale be- think it is pretty clear that we do not against Sudan last year, as well as tween a U.S. entity and one of these have an intention of saying we are those that were imposed by action of terrorist states would be acceptable, going to take a regime which is in Congress, such as the legislation that i.e., would not be subject to continued power and we are going to sustain it by bears the name of the chairman of the prohibitions? allowing it to displace what would oth- Foreign Relations Committee which Mr. ASHCROFT. It is our intention, erwise be its purchases of food by pro- was adopted some time ago. That was absent an agreement by the President viding credit so they can then use their an action which had the support of the of the United States and the Congress, hard currency to buy arms or other Senate, the House of Representatives, to so embargo such sales. Such entities things that would be repressive. and was signed into law by the Presi- would be able to use their hard cur- Our intention is to make sure, if the dent of the United States. rency to buy from American producers, money is spent, they spend it on food Who else does the Senator want to agricultural or medicinal products. Our and medicine to the extent we can have have sanctioned in order to be an effec- underlying reasoning for that is that them do so. tive statement of policy of the United when these governments invest in soy- Mr. GRAHAM. Is it a fair character- States of America? beans or corn or rice or wheat, they are ization of subsection 4 that commercial

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10108 CONGRESSIONAL RECORD — SENATE August 3, 1999 sales of food and medicine to a rich ter- to be able to get food, then you are some of these various trade assistance rorist state are acceptable; i.e., would still subject to all of these licensing re- programs, then you cannot buy Amer- be exempt from the current licensing quirements. ican food. provisions but humanitarian sales, So the actual substance of the I do not believe this is an amendment that is, sales that qualify for one of the amendment is inconsistent with the that, once fully understood, the Mem- various forms of U.S. Government as- modification that was made in the bers of the Senate will wish to be asso- sistance to a poor terrorist state, title. I suspect I know why that was ciated with. would continue to be subject to those done. Mr. MACK addressed the Chair. licensing requirements? Mr. ASHCROFT. Let me just say, if The PRESIDING OFFICER. The Sen- Mr. ASHCROFT. I think one of the it is permissible for me to respond, I ator from the great State of Florida, things we have sought to do in this leg- thank the Senator from Florida for his Mr. MACK. islation is to indicate we are not at war careful questioning and the oppor- Mr. MACK. I thank the Chair. First, I want to address a point that with the people of many of these re- tunity to make a response. I think this was made a few moments ago, an argu- gimes. As a matter of fact, these re- is a very constructive way to handle ment that went something like this: If gimes are at war with their people. Our this. we were to open up our markets, that intention is to be able to provide food I do not think there is anything that action would, in essence, allow terror- and medicine to those people because is not humanitarian about allowing ists or countries to buy more food we are not at war with them. As a mat- nongovernmental organizations, com- products. I just think that is fun- ter of fact, too frequently their govern- mercial organizations, to buy food so damentally wrong. I think in fact they ment is. people can eat. I think that is humani- are buying all of the product that they That means we are willing to sell it tarian. I do not find that to be incon- can afford to buy now. And I would to them. We are willing to sell it to sistent with the title. I do not think in make the case that if they buy the nongovernmental organizations, to order to have the character of being as- product from us at a cheaper price be- commercial organizations, even to gov- sistance and humanitarian, they have cause of it being subsidized, we are in ernments, if the governments will put to be gifts or they have to be credit fact subsidizing terrorist states. up the money for it. I find that to be an guarantees. The mere fact that Ameri- So I just fundamentally disagree acceptable indication that we are not cans would make possible the sale of with where the proponents of this against the people of these countries; vital medicinal supplies and vital food amendment are going. we are against these countries’ repres- supplies in a world marketplace to peo- Mr. ASHCROFT. Will the Senator sive, terrorist ways. ple who are hungry and people who yield? The terror is worse on their own peo- need medicinal care is humanitarian. Mr. MACK. Sure. ple, in most of these cases. When we We do make it possible for certain Mr. ASHCROFT. Is it the Senator’s align ourselves with the people, align kinds of nongovernmental organiza- belief that somehow all our agricul- ourselves with the population in terms tions and commercial organizations to tural products are subsidized; thereof their food and in terms of their get credit, but we simply draw a line in fore, it would be cheaper than the health care and in terms of their medi- extending credit to governments which world market price? cine, that is good foreign policy. It have demonstrated themselves to be Mr. MACK. Again, I say to my col- shows the United States, while it will unwilling to observe the rules of league who has raised this question not endorse, fund or sustain, human decency and have been per- that I do find it strange that at just creditwise, a terrorist government, is petrators of international terrorism the time when Members are coming to not at war with people who happen to and propagators of the instability that the floor and asking the American tax- have to sustain the burden of living such terrorism promotes in the world payer to come to the aid of the Amer- under a terrorist government. community. ican farmer, they are at the same time So, yes, this allows people in those So it is with that in mind that we asking us to lift sanctions to allow settings to make purchases if they want people to be able to eat, under- them to sell products to terrorist have the capacity to do so. But it does standing that the United States is not states. not allow the government to command at war with the people of the world but I think, in fact, there is a connection the credit of the United States, and in has very serious disagreements with between what is happening today—that our view it should not. terrorist governments. We want people is, some $6–$7 billion, depending on Mr. GRAHAM. So I think the answer to be able to get the right kind of me- what this bill finally turns out to to the question is yes. That raises the dicinal help, understanding that we are produce, $8–$9 billion in aid to Amer- question: I notice before the amend- not at war with people who are ican farmers, just after a few months ment was sent to the desk there was a unhealthy and who need help medici- ago with the additional aid to the handwritten insertion in the title of nally, and understanding that when American farmer—that you would find the amendment. The original title had people get that kind of help, and under- it appropriate to say to the American said, ‘‘to promote adequate availability stand that the United States is a part taxpayer: Now that you have given us of food and medicine abroad by requir- of it, it can be good foreign policy for this aid, we would like to have permis- ing congressional approval. . ..’’ In the the United States. sion to sell our product to terrorist handwritten insertion, the preposi- But we do not believe that addressing countries. I just find that tional phrase was added so it now reads the needs of the Government itself, es- unsupportable. ‘‘promote adequate availability of food pecially allowing them to take their I thank the Senator for raising the and medicine for humanitarian assist- hard currency to buy arms, by our pro- question. ance abroad by requiring congressional viding them with credit guarantees for Mr. ASHCROFT. That is not the approval. . ..’’ It seems actually the their purchase of foodstuffs, would be question I raise. But if I may ask, the substance of the amendment does quite appropriate. Senator’s answer, then, is that he the opposite of the prepositional Mr. GRAHAM. Mr. President, I ap- thinks what we are talking about in phrase. preciate the answers to the questions, disaster assistance to farmers in this The substance of the amendment and I think the summary of those an- aid is a subsidy that would allow us to says if you are rich enough to be able swers is that we have established an in- sell below world market prices, and to buy at commercial standards, you consistent policy as between actions of that is why we will not do that? can avoid the necessity of licensing and the Congress relative to new sanctions Mr. MACK. It clearly is a subsidy to all of the constraints that have been and to existing sanctions. the American farmer. What kind of ef- imposed by action of Congress, action Second, we have established a policy fect it will have on the world price I do of the President, or both on terrorist that, if you are a rich terrorist state not think I am qualified to say. But it states. But if you are a poor terrorist and have the money to buy food at seems to me it is clear that if in fact state and have been sanctioned by Con- straight commercial standards, you there is a subsidy being received by the gress or the President, or both, and can do so; if you are a poor terrorist American farmer, that farmer could would require some assistance in order state that would require the access to sell the product at a lower price.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10109 I thank the Senator for his question. us with respect to terrorist nations and of that danger is terrorism, which Mr. President, I oppose trade with ty- their leaders—Qadhafi, Castro, and oth- makes it even more dangerous for the rants and dictators, and I emphatically ers. United States to engage in trade with oppose subsidized trade with terrorist In exchange for very limited market terrorist states. states. Again, make no mistake, that is expansion, some would take away the So where does this leave us? With exactly what this amendment does. President’s authority to restrict trade this simple principle—the United Specifically, with my colleagues from with six terrorist regimes—six coun- States must not trade with any nation Florida, New Jersey, and the distin- tries whose combined markets rep- that supports terrorism in any way, di- guished chairman of the Foreign Rela- resent a mere 1.7 percent of global agri- rect or indirect. We must insist that tions Committee, we oppose the cultural imports; yet these minor im- there can be no business-as-usual ap- amendment to prevent any action by porters perpetrate or harbor those who proach to nations that threaten our na- this body to limit the President of the commit the world’s greatest acts of tional security and national interests. United States’ ability to impose sanc- terror. We are well aware of the counterargu- tions on terrorist states. Some would have us open trade in ag- ments. If we don’t sell, some other We had a similar vote last year, in ricultural products with these terror- country will, so what is the point? Or which 67 Senators voted to oppose ists—in effect placing our principles up why not sell food? You can’t turn trade with terrorists. At the risk of for sale. So what is the strength of our wheat into a bomb, can you? Well, stating the obvious, let me try to ex- commitment to these principles? If we maybe not, but it is possible for a gov- plain once again why the Senate should are to choose freedom over terror, what ernment that supports terror to use not change this position. price should we expect to pay? There our food exports to win popular sup- Freedom is not free. I know my col- can be no doubt in anyone’s mind the port, and it is possible to use the leagues understand this simple axiom— value of our commitment to freedom money saved by purchasing subsidized this self-evident truth. But today we certainly exceeds the U.S. share of 1.7 American goods for yet more terror. hear from our colleagues that the percent of the world’s agriculture mar- We can all agree that the United farmers of our Nation are undergoing a ket. States must stand for freedom and difficult time. So today, they have put But for those who may actually find against terror, and I hope the strength before us a fundamental question: Does this less clear than I do, it gets easier. of our commitment to this principled this great Nation, the United States of The request by those who wish to trade stand runs deep. Today we are being America, support freedom, or do we with terrorists gets more extreme. asked how deeply are we committed to support terror? With this amendment to language pro- opposing terrorism. Make no mistake, A few weeks ago, as I was preparing viding subsidies of U.S. agriculture, we our principles provide the real source a statement on another issue, I came are in effect being asked to subsidize of America’s strength. If we are serious across a letter from His Holiness, the global terrorism. The supporters of this about battling terrorism, there can be Dalai Lama of Tibet. In this letter the amendment are asking the taxpayers of no compromise with terror and no Dalai Lama says, and I quote, ‘‘Amer- the United States to subsidize Amer- trade with terrorist nations. ica’s real strength comes not from its ican farmers, who will then sell to ter- Mr. President, I yield the floor. status as a ‘superpower’ but from the rorist states. Mr. FITZGERALD addressed the ideals and principles on which it was The United States must not subsidize Chair. founded.’’ terrorist regimes. I find it unconscion- The PRESIDING OFFICER. The Sen- How may times have my colleagues able that we would even consider such ator from Illinois. been with me when a visiting head of a proposal. When two countries engage Mr. FITZGERALD. I thank the state delivered to us the same message in a trade, even if just one commodity Chair. as the Dalai Lama’s? I will provide one is being exported, both countries ben- Mr. President, I am proud to rise in example. efit from the exchange. So by opening support of Senator ASHCROFT’s amend- Last summer, the President of Roma- agriculture exports to Iran, Sudan, ment, of which I am a cosponsor. Be- nia addressed a joint session of Con- Cuba, Iraq, Libya, and North Korea, we fore getting into the specifics of Sen- gress. He began his remarks by remind- are offering direct support to the re- ator ASHCROFT’s amendment, I want to ing us that Romania considered the gimes in power. If they chose to pur- lay the table a little bit by describing United States the country of freedom chase from the United States, they what I have heard in the agricultural and the guardian of fundamental would be doing so because they see it community in my State and to talk for human rights all over the world. He as being in their best interest. Their a moment about a farm rally that I at- went on to say: benefit would be greater in this case tended last Saturday in Plainfield, IL. Throughout its history, your country has because the products sold to terrorists At that rally, which was held on the been a beacon of hope for the oppressed and would be subsidized by the U.S. tax- Schultz farm in Plainfield, IL, there the needy, a source of inspiration for the cre- payer. were more than 500 farmers, not just ative, the courageous and the achieving. It Terrorism poses a direct threat to from Illinois but from all over the has always been, and may it ever remain, the the United States. The terrorist threat country. There were farmers from as land of the free and the home of the brave. was considerable during the cold war far away as Washington State and from We are a nation founded on prin- when the Soviet Union and its allies Oklahoma and from the Southern and ciples—the principles of freedom, lib- often backed movements or govern- Eastern States as well. erty, and the respect for human dig- ments that justified the use of terror. The one message I heard, talking to nity. And our commitment to these The threat is even greater today, when the farmers, not just those from Illi- principles gives us our real strength chemical or biological weapons, no big- nois but those from all across the coun- today. It is that simple. ger than a suitcase, can bring death try, was that there is a severe crisis in I began this statement by posing a and devastation to tens of thousands of agriculture right now. Crop prices are question on freedom versus terror. We people. The deaths in the World Trade at almost record low levels, if you con- know, even take for granted, the an- Center bombing or in Pan Am 103 re- sider the effects of inflation. The prices swer to that question—the United mind of us what terrorism can produce. are low not just for corn and soybeans States opposes terror. But what about Another important reminder is the but also for hogs and wheat, and the the strength or our commitment to image of American humanitarian air- list goes on. these principles? On occasion, a short- craft being blown out of the sky by On top of that, we are seeing a trade term crisis can blind us—cause us to Cuban Air Force MiG fighters in the situation now in which the countries in lose sight of our values and their im- Florida Straits. We are moving from a the European Union, to whom we used portance to who we are and from where world where terrorists use dynamite or to export large amounts of our grain we derive our strength. rifles to one where they may use a and livestock products, are, with in- Today’s debate typifies one such mo- weapon of mass destruction. The world creasing frequency, raising not just ment. The poster which has been shown today is more dangerous in many ways tariff barriers to the importation of on this floor indicates the issue before than it was 10 years ago, and the form American agricultural goods but also

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10110 CONGRESSIONAL RECORD — SENATE August 3, 1999 nontariff barriers, pseudoscientific on food and agricultural products PRIVILEGE OF THE FLOOR trade barriers, objections to the safety clearly hurt American agriculture Mr. GRAHAM. Mr. President, I ask of our food, objections for which very more than anyone else. The target unanimous consent that Kim Alex- few in the scientific community have country simply buys its food from ander be granted floor privileges during said there is any basis. some other country, leaving less the consideration of the Agriculture Also we have seen a slump in the money in our farmers’ pockets. When appropriations bill. economy in Asia. The near depression the U.S. Government decides to sanc- The PRESIDING OFFICER. Without in Asia in the last year has caused a se- tion food and agriculture, it simply objection, it is so ordered. vere drop-off in the amount they are tells our international competitors to Mr. DURBIN addressed the Chair. importing from the United States and produce more to meet the excess inter- The PRESIDING OFFICER. The Sen- from our farmers in this country. On national demand. Once American agri- ator from Illinois, Mr. DURBIN. top of that, as was said earlier today, culture loses these markets to our for- Mr. DURBIN. Mr. President, I stand some parts of our country are experi- eign competitors, our reputation then in support of the amendment offered by encing drought, other parts floods. as a reliable supplier is tarnished, mak- the Senator from Missouri, Mr. Farmers have complaints, as we all ing it difficult for us to regain these ASHCROFT. I have listened to the argu- know, about the tax code and its con- markets for future sales. ments of both sides to this point and sequences that are particularly felt by Our agricultural trade surplus to- have found them interesting. I cer- family farmers who can’t deduct health taled $272 billion just 3 years ago in tainly join Senator FITZGERALD in not- insurance, for example, who have a 1996. But this year, the U.S. Depart- ing that Illinois is a great agricultural very hard time meeting the obligations ment of Agriculture projects that our State. I have visited that State regu- of the death tax, which taxes their ag trade surplus will have dwindled to larly over the past several months, in- family farms at 55 and, in some cases, approximately $12 billion. Reversing cluding most recently on Monday, in 60 percent of their value when a farmer this downward trend in the value of our Lincoln, IL, meeting with farmers who dies. exports through effective sanctions are, in fact, suffering from perhaps one I am very pleased that Senator COCH- policy reform should be a top priority of the worst price depressions that RAN and the Agriculture Appropria- of this Congress. America’s farmers de- they have witnessed in decades. They tions Committee have come up with mand it and they deserve it. We should need help. That is why the underlying some short-term relief that I think be responsive. bill, the Agriculture appropriations most of us agree is needed. I think Sen- The current slump in commodity bill, and the emergency bill that is part ator COCHRAN’s bill will be adequate to prices makes significant sanctions pol- of it, is so important. It has been portrayed during the meet the challenges we now have in the icy reform even more timely and nec- course of this debate that addressing short term. essary. In fact, recent estimates cal- the question of unilateral sanctions in- I am concerned that we not just ad- culate the cost of U.S. sanctions at $15 volving food and medicine exports from dress the short term, Mr. President. I to $19 billion annually. These potential the United States will be of some as- think it is very important that we sales could give a significant boost to sistance to the farmers. I think that is think about long-term solutions for the our rural economy, if only they were possible. But I have to concede that the farm crisis in this country so that we allowed by the Federal Government. countries we are talking about are gen- don’t have to come back every year Free and open international markets erally so small as to not have a major and face ongoing crises year after year. are vital to my home State. Illinois’ impact on the agricultural exports of Perhaps the best thing we can do for farm products sales generate $9 billion the United States. the long-term survival and success of annually, and Illinois ranks third in I believe the Senator from New Jer- our American farmers is to improve this country in agricultural exports. the trade climate. sey, who opposes this amendment, In fiscal year 1997 alone, Illinois agri- Several years ago, we passed the mentioned that we are talking about a cultural exports totaled $3.7 billion and Freedom to Farm Act. The farmers in potential export of 1.7 percent of our created 57,000 jobs for the State of Illi- my State of Illinois frequently say: entire agricultural export budget. That nois. Needless to say, agriculture You gave us the freedom to farm, but is not the kind of infusion of pur- makes up a significant portion of my you didn’t give us the freedom to trade. chasing in our agricultural economy State’s economy, and a healthy export What good is that freedom to farm, that will turn it around. So I don’t be- market for these products is important that freedom to plant all the acres we lieve this amendment, in and of itself, to all my constituents. For this reason, wish, if we don’t have the freedom to is a major agricultural amendment, al- I am proud to cosponsor Senator sell our products abroad as we need? though it clearly will have some im- So I think it is very important that ASHCROFT’s amendment. pact on agriculture. But I do believe it we work on a variety of fronts in the The amendment simply exempts food stands for a proposition that is worth trade area. I favor fast track trade ne- and medicine from unilateral sanc- supporting. Let me tell you why. gotiating authority for our President. I tions, unless the President submits a First, I believe that we have learned think that normal trade relations with report to Congress requesting that ag- over the course of recent history that China would help our farmers. Acces- riculture be sanctioned and the Con- unilateral sanctions by the United sion of China into the WTO would be gress approves the request by joint res- States just don’t work. When we decide helpful. Agriculture needs a seat at the olution. With commodity prices where on our own to impose sanctions on a trade table next fall in the negotia- they are, and with the Seattle round of country, it is usually because we are tions for the Seattle round of the mul- trade negotiations looming on the hori- unhappy with their conduct, so we will tilateral trade negotiations. We need to zon, we must act quickly to unbridle stop trade or impose some sort of em- have representatives from the USDA the farm economy from the tight reins bargo to show our displeasure. You can right there with Charlene Barshefsky of current U.S. sanctions policy. understand that because some of the when we are negotiating trade issues Mr. President, I note that Senator actions we have responded to were hor- next fall. We also need strong enforce- ASHCROFT has crafted this amendment rendous and heinous. The bombings of ment of WTO trade disputes and, of so that there are escape hatches that, embassies and other terrorist acts raise course, open access for our GMO food in severe cases, the President, working the anger of the American people, and products in Europe. with Congress, can, if he absolutely be- through their elected representatives, One step toward improving the trade lieves it necessary, go forward and we respond with sanctions. That is un- climate for our Nation’s farmers is the maintain sanctions in a particular case derstandable, and it is a natural human pending amendment that Senator and perhaps, in some cases, we in Con- and political reaction. ASHCROFT and I and a number of my gress will deem that advisable. I think we would have to concede colleagues have cosponsored. I am ris- With that, I yield the floor. that over time those unilateral sanc- ing today to support that amendment Mr. GRAHAM addressed the Chair. tions have very little impact on the to exempt food and medicine from uni- The PRESIDING OFFICER. The Sen- targeted country. In the time I have lateral sanctions. Unilateral sanctions ator from Florida. served on Capitol Hill, for about 17

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10111 years, I can only think of one instance Union, and selling foodstuffs to China not be operated upon because their X ray where the imposition of sanctions had and other countries. I guess we adopted machines from Germany had broken down. A the desired result, and that, of course, the premise that former Senator Hu- woman was choking from asthma from lack was in the case of South Africa. It was bert Humphrey used to say should of inhaler. not a unilateral sanction by the United guide us when it comes to this econ- I hope you will pay particular atten- States. We were involved in multilat- omy. We asked him whether he would tion to this. The bishop says: eral sanctions with other countries sell food to the Communists and he At the AIDS center, plastic gloves had against the apartheid regime in South said, ‘‘I will sell them anything they been washed and hung on a line to dry for Africa, and we were successful in can’t shoot back at me.’’ I think it was reuse. The examples of people directly suf- changing that regime. a practical viewpoint that, when it gets fering from the impact of our government’s But as you look back at the other policy after all of these years was sad and down to it, we are not the sole sup- embarrassing to see. countries we have imposed unilateral pliers of food in the world. For us to That was in the letter he sent to me. sanctions on, with the United States cut off food supplies to any given coun- But many other religious groups in the standing alone, you can hardly point to try is no guarantee they will starve. In United States have reached the same similar positive results. So I think we fact, they can turn to other resources. have learned a lesson well that merely So those who would say to us we conclusion. The U.S. Catholic Con- imposing those sanctions alone seldom should impose unilateral sanctions on ference and others have termed our accomplishes the goals that we seek. a country such as Cuba, I think, have policy with Cuba ‘‘morally unaccept- I do note, in reviewing this amend- forgotten the lesson of history that, able.’’ ment by Senator ASHCROFT, as has not that long ago, we were selling I don’t come to the floor today to in been noted by others, he makes allow- wheat to Russia at a time when we any way apologize or defend the poli- ances for the United States to continue were at the height of the cold war. I cies of Fidel Castro in Cuba or for to impose unilateral sanctions under think that is a lesson in history to be shooting the plane down in 1997. That specific situations. Of course, if there remembered. was a savage, barbaric act. No excuse is a declaration of war, and certainly if The second question is whether or can be made for that type of conduct. the President comes to Congress and not we should, as a policy, exempt food But when we try to focus on stopping asks that we impose sanctions for prod- and medicine when it comes to any the conduct of leaders such as Castro ucts which may in and of themselves be sanctions. I believe that is the grava- by imposing sanctions that embargo dangerous, such as high technology and men of the amendment offered by the food and medicine, I don’t think we the like, products which have been Senator from Missouri. I think he is strike at the heart of the leadership of identified by the Department of Com- right. I say to those who believe that these countries. Instead, we strike at merce as being dangerous to America’s by imposing unilateral sanctions in- poor people—poor people who continue best interests. volving the sale of food and medicine to suffer. I applaud the Senator from Missouri from the United States on these dic- Many folks on this floor will remem- for making those provisions. It gives tatorial regimes we will have some im- ber the debate just a few weeks ago any administration the wherewithal to pact, please take a look at the pictures when we were shocked to learn that impose unilateral sanctions in extraor- of the dictators that you presented for India and Pakistan had detonated nu- dinary cases. But I understand this us to view this evening. clear devices. This was a dramatic amendment to suggest that if we are Now, I have been watching Mr. Cas- change in the balance of power in the not dealing with extraordinary cases, tro in the media for over 40 years and world, with two new entries in the nu- we should basically be willing to sell I don’t see him thin and emaciated or clear club. Countries which we sus- food and medicine to countries around malnourished. He seems to be finding pected were developing nuclear weap- the world. food somewhere, as do many other peo- ons had in fact detonated them to indi- I have found it interesting that my ple in states where we have our dif- cate that our fears were real. colleagues who oppose this amendment ferences. But I do suspect that when Under existing law, we could have have come to the floor to describe you get closer to the real people in imposed sanctions on India and Paki- these potential trading partners as ty- these countries, you will find they are stan at that time to show our dis- rants, dictators, and terrorist states. the ones who are disadvantaged by pleasure. We did not. We made a con- One of the Senators came to the floor these sanctions on food and medicine. scious decision to vote in the Senate with graphic presentations of some of Let me tell you, there was a report not to do that. We concluded, even at the dictators in these countries. Not a issued 2 years ago by the American As- the risk of nuclear war in the subconti- single person on the floor this evening sociation for World Health, ‘‘Denial of nent, that it was not in our best inter- would make any allowance for the ter- Food and Medicine: The Impact of the ests or smart foreign policy to impose rible conduct by some of these terrorist U.S. Embargo on Health and Nutrition these sanctions. regimes. But I must remind my colin Cuba.’’ It concluded that: So you have to ask yourself, why do leagues during the course of this de- The U.S. embargo of Cuba has dramati- we continue to cling to this concept bate that, after World War II, we were cally harmed the health and nutrition of when it comes to Cuba, that after some engaged in a cold war that went on for large numbers of ordinary Cubans. 40 years this is the way we are going to almost five decades, which involved the The report went on to say: change the Cuban regime? Soviet Union and China. During that The declining availability of foodstuffs, I think the way to change the regime cold war, some terrible things occurred medicines, and such basic medical supplies in Cuba and many other countries has involving those countries and the as replacement parts for 30-year-old x-ray been demonstrated clearly over the United States. machines is taking a tragic human toll. The last decade. Think about the Berlin We expended trillions of dollars de- embargo has closed so many windows that, Wall coming down and the end of com- fending against the Soviet Union and in some instances, Cuban physicians have munism in Eastern Europe. It had as trying to stop the expansion of com- found it impossible to obtain life-saving ma- much to do with the fact that we chines from any source under any cir- munism. We decided they were our cumstances. Patients have died. opened up these countries after years major target, and so many debates in of isolation. Finally, these countries I quote from a letter I received from the Senate and in the House were saw what the rest of the world had to Bishop William Purcell from the Dio- predicated on whether or not we were offer. They understood better what life- cese of Chicago who told me his experi- stopping, or in any way aiding, the style and quality of life meant in the ence in visiting villages. Western part of the world, and when growth of communism. He said: Despite this cold war’s intensity, they compared that to the Communist which more or less monopolized foreign I was especially struck by the impact of regime, they started racing for democ- the American embargo on people’s health. relations in the United States for half We saw huge boxes of expired bill samples in racy. of this century, we found ourselves dur- a hospital. Other than those, the shelves of That, to me, is an indication of what ing that same period of time trading the pharmacy were almost bare. We talked would also happen in Cuba. If we start and selling food to Russia, the Soviet with patients waiting for surgeons who could opening up trade in food and medicine

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10112 CONGRESSIONAL RECORD — SENATE August 3, 1999 and other relations with that country, nouncement. It announced that it censes for such sales, valued at less I predict that we would have much would reverse existing U.S. policy of than $1 million, for the entire period. more success in bringing down an ob- prohibiting sales of food and medicine In 1998, following the introduction of jectionable regime than anything we to Iran, Libya, and Sudan—three coun- procedures to ‘‘expedite license re- have done over the past four decades. tries currently on the terrorism list. views’’ Commerce reported that, three We have learned the lesson from the In announcing the change in policy, licenses valued at $19 million were ap- cold war. We know you cannot bring a Under Secretary of State Stuart proved, however no exports occurred country to its knees by denying export Eizenstat stated that President Clinton because of difficulties with on-site of food and medicine. We should also had approved the policy after a two- verification requirements. know that the best way to end dictato- year review concluded that the sale of Even if these three exports had oc- rial and totalitarian regimes is to open food and medicine ‘‘doesn’t encourage a curred, the assistance being provided trade, open commerce, and open chan- nation’s military capability or its abil- to the Cuban people would be minus- nels of communication. ity to support terrorism.’’ cule. To give you some perspective: The amendment that has been offered I am gratified that the administra- prior to the passage of the 1992 Cuba by the Senator from Missouri is an at- tion has finally recognized what we de- Democracy Act which shut down U.S. tempt to address not only the agricul- termined some time ago, namely that food and medicine exports, Cuba was tural crisis that faces America but, ‘‘sales of food, medicine and other importing roughly $700 million of such from my point of view, a much more human necessities do not generally en- products on an annual basis from U.S. sensible approach to a foreign policy hance a nation’s military capacities or subsidiaries. goal which all Americans share. support terrorism.’’ On the contrary, Moreover, since Commerce Depart- Let us find ways to punish the terror- funds spent on agricultural commod- ment officials do not follow up on ists and punish those guilty of wrong- ities and products are not available for whether proposed licenses culminate in doing. But let us not do it at the ex- other, less desirable uses. actual sales, the high water mark for pense of innocent people, whether they Regrettably, the Administration did the export of U.S. medicines to Cuba are farmers in the United States or not include Cuba in its announced pol- over a four and one half year period populations overseas which are the un- icy changes. It seems to me terribly in- doesn’t even represent roughly .1% of witting pawns in this foreign policy consistent to say that it is wrong to the exports of U.S. food and medicines game. deny the children of Iran, Sudan and that took place prior to 1992. I support this amendment. I hope my Libya access to food and medicine, but For these reasons we feel strongly colleagues will join in that effort. it is all right to deny Cuban children— that the complexities of the U.S. li- I yield the floor. living ninety miles from our shores, censing process, coupled with on-site The PRESIDING OFFICER. The Sen- similar access. The administration’s verification requirements, serve as de ator from Connecticut is recognized. rationale for not including Cuba was facto prohibitions on U.S. pharma- Mr. DODD. Mr. President, I thank rather confused. The best I can discern ceutical companies doing business with the Chair. from the conflicting rationale for not Cuba. Do we really believe that aspirin I join with my colleague, Senator including Cuba in the announced policy or bandaid are possible instruments of ASHCROFT, and others in urging the changes was that policy toward Cuba torture that mandate the U.S. compa- adoption of this amendment with re- has been established by legislation nies have in place a costly on-site spect to exempting exports of food and rather than executive order, and there- verification mechanism to monitor medicine from U.S. sanctions regimes. fore should be changed through legisla- how each bottle of aspirin is dispensed? Mr. President this amendment is tive action. I cannot come up with a rationale for quick, simple, and straight forward—it I disagree with that judgement. How- arguing that we are on strong moral would exempt donations and sales of ever, in order to facilitate the lifting of grounds in barring access to American food, other agricultural commodities, such restrictions on such sales to Cuba, medicines and medical equipment. medicines and medical equipment from and to prevent such sanctions from American pharmaceutical companies being used as an economic weapon in being introduced against other coun- and medical equipment manufacturers conjunction with the imposition of uni- tries in the future, I have joined with are dominant in the international mar- laterally imposed economic sanctions. Senators ASHCROFT, HAGEL, ROBERTS, ket place with respect to development Since last year, we have heard about LEAHY and others in offering the and production of state of the art medi- the serious economic crisis that con- amendment that is currently pending. cines and equipment. In some cases fronts America’s heartland and is Not only would it codify in law the ad- there are no other foreign suppliers bankrupting American farm families. ministration’s decision with respect to that make comparable products—par- Not only do American farm families Iran, Libya, and Sudan, it would also ticularly in the case of the most life have to worry about weather and other create a politically viable way for such threatening diseases such as cancer. natural disasters which threaten their sanctions to be lifted from Cuba, unless How can we justify denying innocent livelihood. They also must worry about the President and the Congress both people access to drugs that could save actions of their own government which take the affirmative step of acting to them or their children’s lives. How can can do irreparable harm to the farm keep them in place. we justify prohibiting access to vac- economy by closing off markets to What about those who say that it is cines that ensure the protection of the American farm products because we already possible to sell food and medi- public health of an entire country or happen to dislike some foreign govern- cine to Cuba? To those people I would large segments thereof, simply because ment official or some policy action say, ‘‘if that is what you think, then we disagree with their government that has been taken. Time and time you should have no problem supporting leaders? I don’t believe we should. again unilateral sanctions on agricul- this legislation.’’ Food sales to Cuba continue to be tural products have cost American However, I must tell you, Mr. Presi- prohibited as well, despite the so called farmers important export markets. dent, that the people who say that are January measures promulgated by the Time and time again the offending offi- not members of the U.S. agricultural Clinton Administration. At that time, cial remains in power or the offensive or pharmaceutical industries. Ask any the outright prohibition on the sale of policy remains in effect. representative of a major drug or grain food was modified to provide a narrow On July 23 of last year, President company about selling to Cuba and exception to that prohibition. With the Clinton stated that ‘‘food should not be they will tell you it is virtually impos- change in regulations, the Commerce used as a tool of foreign policy except sible. Department will now consider licens- under the most compelling cir- The Administration’s own statistics ing, on a case-by-case basis, sales of cumstances.’’ On April 28 of this year, speak for themselves. Department of food ‘‘to independent non-government the Clinton Administration took some Commerce licensing statistics prove entities in Cuba, including religious long overdue steps toward bringing our point: groups, private farmers and private U.S. practice in this area into con- Between 1992 and mid-1997, the Com- sector enterprises such as res- formity with the President’s pro- merce Department approved only 28 li- taurants.’’

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10113 For those of my colleagues who have WARNER, and all of the others who are back, or in any way want to sustain any knowledge about the Cuban econ- cosponsors of this amendment. the policies of Fidel Castro, or the omy they will immediately know that It is a very solid, thoughtful, precise leader of Sudan, or Iran, or Lybia. It this translates into virtually zero sales amendment that principally, of course, says that when unilateral sanctions are of food to Cuba. Yes, there are some allows us to be involved as a legislative being imposed, we ought to have some private restaurants in Cuba—so called branch if unilateral sanctions are going say in all of that, and we don’t believe paladares—but they are run out of fam- to be imposed. That is not a radical generally that the imposition of unilat- ily homes serving at most ten to idea. We have seen the effects of the eral sanctions, except under unique cir- twelve people at lunch and dinner on a importance and the significance of uni- cumstances which the Senator from daily basis. These small operations are lateral sanctions. Missouri and his cosponsors have iden- hardly in any position logistically or Certainly those who represent the tified in this bill, ought to deny people financially to contract with foreign ex- farm community can speak not just in these countries—the average cit- porters, navigate U.S. and Cuban cus- theoretically about this but in practice izen—the benefit of our success in food toms in order to arrange for U.S. ship- as to the damage that can be done. It and medicine. I applaud them for their ments to be delivered to their res- certainly is hard enough to have to efforts. I am delighted to be a cospon- taurants—shipments that are other- face weather conditions, drought, and sor of their amendment. wise barred to the Cuban government. floods. But when you have to also face I yield the floor. Who are we kidding when we say it is unilateral decisions that deny your The PRESIDING OFFICER. The Sen- possible to sell food in the current reg- community the opportunity to market ator from Minnesota. ulatory environment. in certain areas, that can make the life Mr. GRAMS. Thank you very much, I don’t believe except in the most of a farm family even more difficult. Mr. President. limited of circumstances that we I happen to agree with my colleague Mr. President, I rise in strong sup- should deny food and medicine to any- from Illinois, Senator DURBIN, and oth- port for the Ashcroft food and medicine one. I take strong exception to argu- ers who have made the case that if we sanctions reform amendment. While I ment that we are doing it for the good are truly interested in creating change, would prefer this amendment addressed it is not in the interest of our own Na- of the Cuban people or the Libyan peo- all unilateral sanctions, not just food tion to take actions which would deny ple—that we are putting pressure on and medicine, I support the amend- innocent people—be they the 11 million authorities to respect human rights in ment as a good start to reforming our innocent people who live 90 miles off doing so. sanctions policy. As a cosponsor of the The highly respected human rights our shore in Cuba, or in other nations— Lugar Sanctions Reform Act, I believe organization, Human Rights Watch—a the opportunity to benefit from the it is long overdue that the administra- sale of medicine and food supplies that severe critic of the Cuban govern- tion and the Congress think before we can improve the quality of their life. ment’s human rights practices—re- sanction. It is radical, in my view, to impose cently concluded, that the ‘‘(U.S.) em- It makes no sense to punish the peo- that kind of a sanction, particularly ple of a country with which we have a bargo has not only failed to bring unilaterally. That is not my America. about human rights improvements in dispute. Denying food and medicine My America says we will do everything does nothing to penalize the leaders of Cuba,’’ it has actually ‘‘become coun- we can to get rid of dictators and to any country. Government leaders can terproductive’’ to achieving that goal. change governments which deny their America is not about denying medi- always obtain adequate food and medi- people basic rights. But my America cine, but people suffer under these cine or food to the people in Sudan, in doesn’t say to the innocents who live sanctions, whether they are multilat- Libya, or in Iran, and it shouldn’t be in these countries that if we have food eral or unilateral. Those two areas about denying food and medicine to the that can make you stronger, if we have should never be a part of any sanction. Cuban people either, certainly not my medicine that can make you healthier, At the same time our farmers suffer America. we are going to deny the opportunity Let me be clear—I am not defending from the lingering effects of the Asian for the average citizens of these coun- financial crisis as well as those in the Cuban government for its human tries to have access to these products other areas of the world, we either rights practices or some of its other through sale. That is not my America. policy decisions. I believe that we I live in a bigger, a larger country, have, or are debating, sanctions that should speak out strongly on such mat- which has stood as a symbol of under- further restrict markets for our farm- ters as respect for human rights and standing, of human decency, and of ers and medical supply companies. And the treatment of political dissidents. human kindness, even with adversaries denys that food and medical supplies to But U.S. policy with respect to Cuba that have taken the lives of our fellow some of the worlds most needy. goes far beyond that—it denies eleven citizens—in a Vietnam, in a Germany, Since most of our sanctions are uni- million innocent Cuban men, women in other nations around the globe. My lateral, it makes no sense to deny our and children access to U.S. food and America, a big America, at the end of farmers and workers important mar- medicine. those conflicts has reached out to peo- kets when those sales are being made That is why I hope my colleagues ple in these nations to get them back by our allies. will support this amendment and re- on their feet again. I need not remind any of you that we strict future efforts to water down its Today, I say to you that in these are still experiencing the aftermath of scope. countries around the globe that still, the Soviet grain embargo of the late The United States stands alone unfortunately and regretfully, use the 1970’s when the United States earned a among all of the nations of the world power of their institutions to impose reputation as an unreliable supplier. as an advocate for respecting the human rights violations, we will do ev- Another example of how we have human rights of all peoples throughout erything in our power to change these harmed our farmers is the Cuban em- the globe. In my view denying access to governments but we will not deny bargo. For 40 years this policy was food and medicine is a violation of these people food and we will not deny aimed at removing Fidel Castro—yet international recognized human rights them medicines through sale. he is still there. This is a huge market and weakens the ability of the United That is what Senator ASHCROFT, Sen- for midwestern farmers, yet it is shut States to advocate what is otherwise a ator HAGEL, and others are trying to off to us. Because Cuba has fiscal prob- very principled position on this issue. achieve. I think it is a noble cause and lems, many of its people are experi- It is time to return U.S. policy to the one we ought to bring Democrats and encing hardship. Those who have rela- moral high ground. Republicans together on in common ef- tionships with Cuban-Americans re- Mr. President, I commend my col- fort and in common purpose to change ceive financial support, but those who league from Missouri, Mr. ASHCROFT, the system that is fundamentally don’t need access to scarce food and and Senator HAGEL, Senator FITZ- wrong and a denial of the fundamental medical supplies. This bill does not aid GERALD, Senator CRAIG, Senator LIN- things that we stand for as a people. the government, as U.S. guarantees COLN, Senator CONRAD, Senator BROWN- That does not suggest in any way can only be provided through NGO’s BACK, the Presiding Officer, Senator that we applaud, or agree with, or and the private sector not armies, not

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10114 CONGRESSIONAL RECORD — SENATE August 3, 1999 to terrorists. Currently, donations are tential relevance of defining those The PRESIDING OFFICER. The permitted, as well as sales of medicine, pieces of legislation is to exclude them question is on agreeing to the motion. but they are very bureaucratically dif- from the operation of this amendment. The yeas and nays have been ordered. ficult to obtain, and they don’t help ev- So they are put in the definition sec- The clerk will call the roll. eryone. Our farmers are in a good position so they can be removed from the The legislative clerk called the roll. tion to help and they should be allowed operation of this amendment on page 6. Mr. NICKLES. I announce that the to do so. Clearly, in my opinion, that is a spe- Senator from New Mexico (Mr. DOMEN- I applaud Senators ASCHROFT and cious attempt to gain the advantage of ICI) is necessarily absent. HAGEL for their work to ensure farmers the unanimous consent agreement. Mr. REID. I announce that the Sen- and medical companies will not be held One final point. During the colloquy ator from Massachusetts (Mr. KEN- hostage to those who believe sanctions I had with the Senator from Missouri, NEDY) is necessarily absent. can make a difference. Any administra- I think he was quite candid in saying The PRESIDING OFFICER. Are there tion would have to get congressional that the purpose of that support for the any other Senators in the Chamber de- approval for any food and medicine international terrorism section was to siring to vote? sanction. This is our best opportunity draw a distinction between commercial The result was announced—yeas 28, to help farmers and provide much- sales of agricultural and medical prod- nays 70, as follows: needed food supplies to the overage ucts, which were approved under this [Rollcall Vote No. 251 Leg.] people in these countries, and to show amendment, could be made without YEAS—28 the world we are reliable suppliers. I any of the existing conditions such as a Bryan Kyl Santorum urge the support of my colleagues for license, and sales that were made on a Bunning Lautenberg Sarbanes this long overdue amendment. I yield Byrd Lieberman Smith (NH) humanitarian basis through one of Coverdell Lott Snowe the floor. these various U.S. trade or export of DeWine Mack Stevens The PRESIDING OFFICER (Mr. agricultural products provisions which Graham McCain Thompson ALLARD). The Senator from Florida. continued to be prohibited. Gramm McConnell Thurmond Gregg Murkowski Torricelli Mr. GRAHAM. Mr. President, it is We have the ironic circumstance that Helms Reid my intention to raise a point of order. the humanitarian provision is prohib- Kohl Robb Before I do so, I will provide some con- ited but commercial sales are rendered NAYS—70 text. acceptable by this amendment. We have entered into a unanimous Abraham Dorgan Leahy Yet in the headline, the footnote, the Akaka Durbin Levin consent agreement to govern the dis- summary of this amendment, by a Allard Edwards Lincoln Ashcroft Enzi position of this legislation. That unani- handwritten insertion, the preposi- Lugar mous consent agreement states that Baucus Feingold Mikulski tional phrase is inserted which says Bayh Feinstein during the consideration of the agricul- Moynihan ‘‘for humanitarian assistance.’’ The Bennett Fitzgerald Murray tural appropriations bill, when the Biden Frist Nickles purpose of inserting that specific ref- Bingaman Gorton Democratic leader or his designee of- Reed erence is clearly just to establish the Bond Grams Roberts fers an agricultural relief amendment, Boxer Grassley most tenuous connection to the under- Rockefeller no rule XVI point of order lie against lying bill and to attempt to create the Breaux Hagel the amendment or amendments thereto Brownback Harkin Roth facade that this amendment has some- Schumer relating to the same subject. Burns Hatch thing to do with humanitarian assist- Campbell Hollings Sessions The question is, Does this amend- ance, where, by the very description of Chafee Hutchinson Shelby ment to the amendment offered by the Cleland Hutchison Smith (OR) the Senator from Missouri, it is for Democratic leader on agricultural re- Cochran Inhofe Specter commercial, not assisted humanitarian lief constitute an amendment relating Collins Inouye Thomas agricultural, sales. Conrad Jeffords Voinovich to the same subject? Let me anticipate Mr. President, with that description Craig Johnson Warner what might be considered by the Par- Crapo Kerrey Wellstone of what I think the amendment is, liamentarian. Daschle Kerry Wyden In the underlying amendment, there what the underlying amendment and Dodd Landrieu is reference made to two agricultural what the purpose of the unanimous NOT VOTING—2 consent agreement was, which was a programs: The Agricultural Trade De- Domenici Kennedy velopment and Assistance Act of 1954 narrow exception for agricultural relief amendments and amendments to that The motion was rejected. and section 416 of the Agricultural Act Mr. COCHRAN. I move to reconsider amendment which related to the same of 1949. Both of those statutes are again the vote. subject, since this fails to meet that referenced in the amendment that has Mr. LOTT. I move to lay that motion standard, I raise the point of order been offered by the Senator from Mis- on the table. souri. under rule XVI that this amendment The motion to lay on the table was Where are they offered in the amend- constitutes, clearly, explicitly, legisla- agreed to. ment offered by the Senator from Mis- tion on an appropriations bill and Mr. BURNS. Mr. President, I rise souri? They are offered in the section therefore, under rule XVI, is out of today as an individual who has spent of the amendment which is the defini- order. his entire life involved in agriculture. I tions, so they are stated to be agricul- The PRESIDING OFFICER. The am extremely concerned about the cur- tural programs and then listed in the agreement precludes making a point of rent state of the agricultural economy. definition section. order for an amendment that is consid- Farmers and ranchers in my state of I can find no other reference to those ered relevant. This is considered a rel- Montana and across America cannot specific statutes other than in the defi- evant amendment. afford another year of zero profit. Price nition section, raising the question as Mr. HELMS. Mr. President, inasmuch declines for agricultural commodities to whether they were inserted in the as the amendment of the Senator from have had a devastating impact on agri- definition section in order to attempt Missouri, however well intentioned, cultural producers in Montana and the to overcome what was the clear pur- would have the effect of lifting restric- economy of the entire state, which de- pose of the unanimous consent agree- tions on trade with terrorist states or pends so heavily on agriculture. The ment, which was to provide a narrow governments and would allow trade farmers and ranchers in Montana have exception to the rule XVI prohibition with the coercive elements of these re- suffered too much already. With con- against legislating on an appropria- pressive, hostile, regimes, I move to tinued low prices, many agricultural tions bill. table the amendment and I ask for the producers have been forced to sell the Even beyond that, I point out on page yeas and nays. farms and ranches many have spent 6, in one of the most significant provi- The PRESIDING OFFICER. Is there a their entire lives working. sions of this amendment, the provision sufficient second? They seem to have all the cards that relates to countries supporting There is a sufficient second. stacked against them. Agricultural international terrorism, the only po- The yeas and nays were ordered. producers face high numbers of imports

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10115 as well as a downward trend in demand ance. They need AMTA payments at Surely, among these billions of dollars, for their product. Further, the world 100% to bring the price of wheat per there are at least a few programs that market is not providing adequate op- bushel to a price that will allow them we could all agree are lower priority portunities for international trade. The to meet their cost-of-production. Addi- than desperately needed aid for Amer- European Union continues to place tionally, they need funding for spe- ica’s farmers. non-scientific trade barriers on U.S. cialty crops, sugar and livestock. My colleagues should be aware that beef as well as bans on Genetically I don’t agree with many of the provi- every dollar spent above the budget Modified grain products. Asia, usually sions included in the Democratic pack- caps is a dollar that comes from the a strong export market, continues to age. Funding for cotton and peanuts budget surplus. This year, the only sur- recover from the economic flu and does not help my agricultural pro- plus is in the Social Security accounts, many of our other trade partners have ducers. Neither does $300 million for so this farm aid will be paid for by fur- been subjected to sanctions by this ad- the Step 2 cotton program. These pro- ther exacerbating the impending finan- ministration. Additionally, the value visions bump the price tag up signifi- cial crisis in the Social Security Trust of beef and grain imports have de- cantly and seem to help other areas of Funds. And every dollar that is spent creased dramatically as a percent of the country more than the Northwest. on future emergencies comes from the the world market. However, all agriculture is in dire surplus we just promised last week to Montana may not be able to survive straits. Montana needs funding and return to the American people in the another year of this economic plight. If they need it fast. Thus, I will vote for form of tax relief. It is the same sur- market prices continue to go down as the package that gets that money to plus that we have to use to shore up they have, I am fearful that more farm- my producers as quickly as possible. Social Security and Medicare, and ers and ranchers will be forced out of I believe that AMTA is the most ef- begin to pay down the national debt. business. If a drastic measure is not fective way to distribute the funding Unfortunately, though, it seems to be passed in Congress this year, I don’t that grain producers need. The Repub- easier to slap on an emergency designa- know how much longer the agricul- lican package contains 100% AMTA tion, rather than try to find lower pri- tural community can persevere. payments, which will bring the price of ority spending cuts as offsets. As I said before, the impact is not wheat up to $3.84. It also contains im- Once again, Mr. President, Congress limited to those working the fields or portant provisions for specialty crops, is taking its usual opportunistic ap- raising livestock. Look at Main Street, lifts the LDP cap and encourages the proach to any disaster or emergency— Rural America. The agricultural econ- President to be more aggressive in adding billions of dollars in non-emer- omy is so bad that other businesses are strengthening trade negotiating au- gency spending and policy proposals to failing as well. And not just agri-busi- thority for American agriculture. the emergency farm aid proposals. ness. No longer is it just the livestock Freedom to Farm needs a boost. It is The competing amendments pending feed store or seed companies that are a good program, but simply cannot pro- before the Senate contain provisions failing due to the economic crunch. It vide for the needs of farmers and that provide special, targeted relief to reaches much further. All kinds and ranchers during this kind of economic certain sectors of the agricultural com- types of businesses are feeling the de- crunch. From 1995 to 1999, $50.9 billion munity. For example, in addition to pressed agricultural economy. Montana have been distributed as direct pay- the billions of dollars of assistance is ranked in the bottom five per capita ments. This tells us that commodity payments for which all farmers would income by state, in the nation. prices are not going up. Farmers and be eligible: Ironically, I also read recently that ranchers are not doing better on their Both proposals single out peanut pro- Montana is rated in a nationwide poll net income sheets. ducers for special direct payments to as the 7th most desirable place to live We need to let Freedom to Farm partially compensate them for low in America. That won’t be the case work. I believe it will. When more of prices and increasing production costs. much longer if we can’t return more of the economic dollar is returned to the The Republican proposal also pro- the economic dollar to the agricultural producer and when the farmer or vides $50 million to be used to assist producer. Montana is a desirable place rancher receives a price for commod- fruit and vegetable producers, at the to live because of agriculture. Without ities that meet the cost-of-production. Secretary of Agriculture’s discretion. the wheat fields and grazing pastures, For now, we must keep the agricul- Both proposals give the Secretary of Montana loses its very being. Without tural producer afloat. An assistance Agriculture broad authority to provide the return of more of the economic dol- measure which will provide them a some kinds of assistance to livestock lar to the agricultural producer there means to stay in business at a profit- and dairy producers, the only dif- will be no more farming or ranching able level is the only way to do that ference being the amount of money set and consequently no more wheat fields this year. aside for this unspecified relief. The or pastures to graze livestock. Mr. MCCAIN. Mr. President, as I Democrats set aside $750 million, the I have used the comparison before of travel around the country, I see the Republicans $325 million. the agricultural producer drowning. I devastation caused by the ongoing Both proposals set up more restric- believe he is. The way I see it, the drought in many sections of the coun- tive import quotas and new price sup- farmer is drowning in a sea of debt and try. Crops are stunted and dying, fields ports for cotton producers. many in Congress want to continue to are dusty, streams and lakes are drying Both proposals provide $328 million send lifeboats. The problem is, that up. Many farmers are still reeling from in direct aid for tobacco farmers. once the producer makes it into the the effects of last year’s Asian eco- The Republican proposal also specifi- boat he never makes it to shore. He nomic crisis. Clearly, some form of as- cally targets $475 million for direct just keeps paddling trying to keep his sistance is needed to prevent the de- payments to oilseed producers, most of head above water, and waiting for the mise of more of America’s family which is to be paid to soybean pro- next boat. farms, and I support efforts to provide ducers. I want the farmer to get back to land needed government aid to farmers and The Democrat proposal, which is and on his feet. We have to provide their families. about $3 billion more expensive than them the oars to get to shore and then Both pending proposals specify that the Republican proposal, expands to keep them out of the water. I would aid to farmers is to be considered emer- address non-agricultural disaster-re- like to see a strong agriculture assist- gency spending, which is not counted lated requirements, such as wetlands ance package passed and then a base against the budget caps. Mr. President, and watershed restoration and con- for long-term benefits, in the form of again, I recognize the dire cir- servation, short-term land diversion laws on country of origin labeling, crop cumstances that have many Americans programs, and flood prevention insurance reform and mandatory price in the agriculture industry facing eco- projects. It also establishes a new $500 reporting. nomic ruin. However, already this million disaster reserve account, in an- My Montana farmers and ranchers year, the Senate has approved appro- ticipation of future disasters, I assume. need help now. They need a package priations bills containing $7.9 billion in But the proposal then adds a number of that provides solid short-term assist- wasteful and unnecessary spending. very narrowly targeted provisions and

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10116 CONGRESSIONAL RECORD — SENATE August 3, 1999 provisions wholly unrelated to the pur- emergency farm aid bill. Its inclusion The PRESIDING OFFICER. Without poses of aiding economically distressed simply adds one more perk to the al- objection, it is so ordered. farmers, including: ready broad array of special subsidies Mr. LOTT. I yield the floor, Mr. —$40 million for salaries and expenses of for big sugar companies. President. the Farm Service Agency, apparently to ad- I intend to offer an amendment later Mr. ASHCROFT. Mr. President, I minister $100 million in new loan funds; during the debate on this bill to termi- suggest the absence of a quorum. —$100 million for rural economic develop- nate taxpayer support of the sugar in- The PRESIDING OFFICER. The ment; dustry. If the Republican farm aid pro- clerk will call the roll. —$50 million for a new revolving loan proposal is adopted, as I expect it will be, The legislative clerk proceeded to gram for farmer-owned cooperatives; —$4 million to implement a new manda- I will include in my amendment a pro- call the roll. tory price reporting program for livestock; posal to strike this newly created perk Mr. GRAHAM. Mr. President, I ask —$8 million for a new product labeling sys- for big sugar. unanimous consent that the order for tem for imported meat; Mr. President, I am going to support the quorum call be rescinded. —$1 million for rapid response teams to en- the more modest Republican proposal, The PRESIDING OFFICER. Without force the Packers and Stockyards Act; and regardless of the outcome of my objection, it is so ordered. finally, amendment to eliminate the inequi- f —$15 million for a Northeast multispecies table and unnecessary sugar subsidies. fishery. But I do so only because of the real PRIVILEGE OF THE FLOOR These provisions have no place in a economic hardship faced by many of Mr. GRAHAM. Mr. President, I ask bill to provide emergency assistance to our nation’s farmers and their families. that Mr. Sean McCluskie, Mr. Adam America’s farmers. There is an estab- I abhor the continuing practice of at- Foslid, and Ms. Brooke Russ of my of- lished process for dealing with spend- taching pork-barrel spending to any fice be granted the privilege of the ing and policy matters that are not and every bill that comes before the floor for the duration of the Agri- emergencies. It is the normal author- Senate, especially when real disasters culture appropriations bill. ization and appropriations process, are cynically exploited to designate The PRESIDING OFFICER. Without where each program or policy can be pork as emergency spending. This kind objection, it is so ordered. assessed as part of a merit-based re- of fiscal irresponsibility undermines f view. Many of the provisions I have the balanced budget and hinders debt MESSAGES FROM THE PRESIDENT listed above may very well be meri- reduction efforts, exacerbates the need Messages from the President of the torious and deserving of support and to preserve and protect Social Security United States were communicated to funding, but the process we are fol- and Medicare, and threatens efforts to the Senate by Mr. Williams, one of his lowing here today does not provide an provide meaningful tax relief to Amer- secretaries. appropriate forum for assessing their ican families. relative merit compared to the many Once again, I can only hope that the EXECUTIVE MESSAGES REFERRED other important programs for which final farm aid proposal will be targeted As in executive session the Presiding non-emergency dollars should be made only at those in need—America’s farm- Officer laid before the Senate messages available. I think even some of the po- ers. I urge the conferees on this legisla- from the President of the United tential recipients of these non-emer- tion to eliminate the provisions that States submitting sundry nominations gency programs would agree that they solely benefit special interests who which were referred to the appropriate should be considered in the normal ap- have once again managed to turn need- committees. propriations and authorization proc- ed emergency relief into opportunism. (The nominations received today are esses. I also urge the conferees to seek offsets printed at the end of the Senate pro- There is one special interest provi- for the additional spending in this bill, ceedings.) sion of the Republican proposal that I to avoid again dipping into the Social f would like to discuss further and that Security surplus and putting our bal- MESSAGES FROM THE HOUSE I intend to address directly in an anced budget at risk. amendment later in the debate. The Mr. LOTT. Mr. President, for the in- At 2:30 p.m., a message from the Republican proposal gives the already formation of all Senators, there will be House of Representatives, delivered by heavily subsidized sugar industry one no further votes this evening. The dis- Mr. Berry, one of its reading clerks, an- more perk—relief from paying a minus- cussion regarding the dairy issue will nounced that the House has passed the cule assessment of just 25 cents on each occur from 9 a.m. until 9:40 a.m. on following bills, with amendment, in 100 pounds of sugar. This tiny tax Wednesday, with the cloture vote oc- which it requests the concurrence of raised just $37.8 million last year, and curring at approximately 9:45 a.m. the Senate: was supposed to be the sugar industry’s Assuming cloture is not invoked on S. 606. An act for the relief of Global Explo- sole contribution to reducing annual Wednesday morning, I anticipate the ration and Development Corporation, Kerr- budget deficits. Thanks to their suc- Senate will resume consideration of McGee Corporation, and Kerr-McGee Chem- ical, LLC (successor to Kerr-McGee Chemical cessful lobbying, for the next three the pending Ashcroft amendment, years, big sugar will not have to pay Corporation), and for other purposes. which is an amendment to the disaster S. 1257. An act to amend statutory dam- this assessment if the federal govern- amendment by Senators HARKIN and ages provisions of title 17, United States ment has a budget surplus. While the DASCHLE. Code. assessment was initially imposed to Also, if an opportunity does present The message also announced that the help reduce annual budget deficits, itself, I understand that there will be House has passed the following bills, in which fortunately have been elimi- another disaster-related amendment by which it requests the concurrence of nated as a result of the Balanced Budg- Senator ROBERTS and Senator the Senate: et Act, what about the $5.6 trillion na- SANTORUM. Of course, that will be in tional debt? H.R. 211. An act to designate the Federal line behind the other amendments be- building and United States courthouse lo- This little bit of targeted tax relief cause of procedure. But at the appro- cated at West 920 Riverside Avenue in Spo- for big sugar comes on top of a $130 priate time there is a plan by those two kane, Washington, as the ‘‘Thomas S. Foley million per year government-subsidized Senators, and others, to offer another Federal Building and United States Court- loan program for sugar producers, and amendment. house,’’ and the plaza at the south entrance of such building and courthouse as the ‘‘Wal- price supports that cost American con- f sumers over $1.4 billion a year in high- ter F. Horan Plaza.’’ er sugar prices at the store. The spon- MORNING BUSINESS H.R. 695. An act to direct the Secretary of sors of the proposal make no claim Mr. LOTT. Having said that, I now Agriculture and the Secretary of the Interior to convey an administrative site in San Juan that this provision is in any way re- ask unanimous consent that there be a County, New Mexico, to San Juan College. lated to a disaster or drought-related period of morning business with Sen- H.R. 747. An act to protect the permanent economic crisis in the sugar industry ators permitted to speak for up to 10 trust funds of the State of Arizona from ero- that would merit its inclusion in this minutes each. sion due to inflation and modify the basis on

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10117 which distributions are made from those clerks, announced that the Speaker has kane, Washington, as the ‘‘Thomas S. Foley funds. signed the following enrolled bill: Federal Building and United States Court- H.R. 1094. An act to amend the Federal Re- house’’, and the plaza at the south entrance S. 880. An act to amend the Clean Air Act serve Act to broaden the range of discount of such building and courthouse as the ‘‘Wal- to remove flammable fuels from the list of window loans which may be used as collat- ter F. Horan Plaza’’. substances with respect to which reporting eral for Federal reserve notes. H.R. 695. An act to direct the Secretary of and other activities are required under the H.R. 1104. An act to authorize the Sec- Agriculture and the Secretary of the Interior risk management plan program, and for retary of the Interior to transfer administra- to convey an administrative site in San Juan other purposes. tive jurisdiction over land within the bound- County, New Mexico, to San Juan College. aries of the Home of Franklin D. Roosevelt The enrolled bill was signed subse- H.R. 747. An act to protect the permanent National Historic Site to the Archivist of the quently by the President pro tempore trust funds of the State of Arizona from ero- United States for the construction of a vis- (Mr. THURMOND). sion due to inflation and modify the basis on itor center. which distributions are made from those H.R. 1152. An act to amend the Foreign As- At 6:20 p.m., a message from the funds. sistance Act of 1961 to target assistance to House of Representatives, delivered by H.R. 1104. An act to authorize the Sec- support the economic and political independ- Mr. Hanrahan, one of its reading retary of the Interior to transfer administra- ence of the countries of the South Caucasus tive jurisdiction over land within the bound- and Central Asia. clerks, announced that the House dis- aries of the Home of Franklin D. Roosevelt H.R. 1219. An act to amend the Office of agrees to the amendment of the Senate National Historic Site to the Archivist of the Federal Procurement Policy Act and the to the bill (H.R. 2587) making appro- United States for the construction of a vis- Miller Act, relating to payment protections priations for the government of the itor center. for persons providing labor and materials for District of Columbia and other activi- H.R. 1152. An act to amend the Foreign As- Federal construction projects. ties chargeable in whole or in part sistance Act of 1961 to target assistance to H.R. 1442. An act to amend the Federal support the economic and political independ- Property and Administrative Services Act of against revenues of said District for the fiscal year ending September 30, ence of the countries of the South Caucasus 1949 to continue and extend authority for and Central Asia. transfers to State and local governments of 2000, and for other purposes and agrees certain property for law enforcement, public to the conference asked by the Senate f safety, and emergency response purposes. on the disagreeing votes of the two REPORTS OF COMMITTEES H.R. 2454. An act to assure the long-term Houses thereon; and appoints the fol- conservation of mid-continent light geese lowing members as managers of the The following reports of committees and the biological diversity of the ecosystem were submitted: upon which many North American migratory conference on the part of the House: By Mr. MURKOWSKI, from the Committee birds depend, by directing the Secretary of Mr. ISTOOK, Mr. CUNNINGHAM, Mr. on Energy and Natural Resources, with an the Interior to implement rules to reduce the TIAHRT, Mr. ADERHOLT, Mrs. EMERSON, amendment: overabundant population of mid-continent Mr. SUNUNU, Mr. YOUNG of Florida, Mr. S. 1329. A bill to direct the Secretary of the light geese. MORAN of Virginia, Mr. DIXON, Mr. Interior to convey certain land to Nye Coun- H.R. 2614. An act to amend the Small Busi- MOLLOHAN, and Mr. OBEY. ty, Nevada, and for other purposes (Rept. No. ness Investment Act to make improvements 106–133). to the certified development company pro- f By Mr. MURKOWSKI, from the Committee gram, and for other purposes. H.R. 2615. An act to amend the Small Busi- MEASURES REFERRED on Energy and Natural Resources, without ness Act to make improvements to the gen- The following bills were read the first amendment: S. 1330. A bill to give the city of Mesquite, eral business loan program, and for other and second times by unanimous con- purposes. Nevada, the right to purchase at fair market sent and referred as indicated: value certain parcels of public land in the The message further announced that H.R. 1094. An act to amend the Federal Re- city (Rept. No. 106–134). the House disagrees to the amendment serve Act to broaden the range of discount f of the Senate to the bill (H.R. 2488) to window loans which may be used as collat- provide for reconciliation pursuant to eral for Federal reserve notes; to the Com- EXECUTIVE REPORTS OF sections 105 and 211 of the concurrent mittee on Banking, Housing, and Urban Af- COMMITTEE resolution on the budget for fiscal year fairs. The following executive reports of 2000, and agrees to the conference H.R. 1442. An act to amend the Federal Property and Administrative Services Act of committees were submitted: asked by the Senate on the disagreeing 1949 to continue and extend authority for votes of the two Houses thereon; and By Mr. THOMPSON, for the Committee on transfers to State and local governments of Governmental Affairs: Earl E. Devaney, of appoints the following members as certain property for law enforcement, public Massachusetts, to be Inspector General, De- managers of the conference on the part safety, and emergency response purposes; to partment of the Interior. of the House: the Committee on Governmental Affairs. (The above nominations were re- For consideration of the House bill, H.R. 2454. An act to assure the long-term ported with the recommendation that and the Senate amendment, and modi- conservation of mid-continent light geese they be confirmed.) fications committed to conference: Mr. and the biological diversity of the ecosystem upon which many North American migratory ARCHER, Mr. ARMEY, Mr. CRANE, Mr. f birds depend, by directing the Secretary of THOMAS, Mr. RANGEL, and Mr. STARK. the Interior to implement rules to reduce the INTRODUCTION OF BILLS AND As additional conferees for consider- overabundant population of mid-continent JOINT RESOLUTIONS ation of sections 313, 315–16, 318, 325, light geese; to the Committee on Environ- 335, 338, 341–42, 344–45, 351, 362–63, 365, ment and Public Works. The following bills and joint resolu- 369, 371, 381, 1261, 1305, and 1406 of the H.R. 2614. An act to amend the Small Busi- tions were introduced, read the first Senate amendment, and modifications ness Investment Act to make improvements and second time by unanimous con- committed to conference: Mr. GOOD- to the certified development company pro- sent, and referred as indicated: gram, and for other purposes; to the Com- LING, Mr. BOEHNER, and Mr. CLAY. By Mr. REED (for himself, Mr. DODD, The message also announced that mittee on Small Business. Mr. KENNEDY, Mrs. FEINSTEIN, Mr. H.R. 2615. an act to amend the Small Busi- INOUYE, and Mrs. MURRAY): pursuant to the provisions of section ness Act to make improvements to the gen- 591(a)(2) of the Foreign Operation, Ex- S. 1475. A bill to amend the Child Care and eral business loan program, and for other Development Block Grant Act of 1990 to pro- port Financing, and Related Programs purposes; to the Committee on Small Busi- vide incentive grants to improve the quality Appropriations Act, 1999 (112 Stat. 2681– ness. of child care; to the Committee on Health, 210) the Minority Leader appoints the f Education, Labor, and Pensions. following individuals to the National By Mr. MURKOWSKI (for himself, Mr. Commission on Terrorism: Ms. Juliette MEASURES PLACED ON THE STEVENS, Mr. INOUYE, and Mr. N. Kayyem of Cambridge, Massachu- CALENDAR AKAKA): setts. S. 1476. A bill to amend title XVIII of the The following bills were read twice Social Security Act to provide an increase in ENROLLED BILL SIGNED and placed on the calendar: payments for physician services provided in At 4:05 p.m., a message from the H.R. 211. An act to designate the Federal health professional shortage areas in Alaska House of Representatives, delivered by building and United States courthouse lo- and Hawaii; to the Committee on Finance. Mr. Hanrahan, one of its reading cated at West 920 Riverside Avenue in Spo- By Mr. ROBB:

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10118 CONGRESSIONAL RECORD — SENATE August 3, 1999 S. 1477. A bill to reduce traffic congestion, So our investment in child care is veys, to find out the cost of day care in promote economic development, and improve not simply something that is altru- their communities, and then to strive the quality of life in the metropolitan Wash- istic—something we want to do because to meet those market rates. ington region; to the Committee on Environ- it is for the kids and for working fami- I have been very pleased to be joined ment and Public Works. by Senators CHRIS DODD and TED KEN- By Mr. DASCHLE (for himself, Mr. lies—it is in the best interests of this NEDY, who are leaders in the field of MCCAIN, and Mr. INOUYE): country in order to provide for the citi- S. 1478. A bill to amend part E of title IV zens of this country of the next cen- improving child care in this country, of the Social Security Act to provide equi- tury. together with Senators FEINSTEIN, table access for foster care and adoption We know also, as we look around, INOUYE, and MURRAY in introducing the services for Indian children in tribal areas; that one of the problems in child care, Child Care Quality Incentive Act. Es- to the Committee on Finance. I say to Senators, is that because of sentially, this legislation would estab- By Mr. GREGG (for himself, Mr. LOTT, the low reimbursement rates that the lish a new mandatory pool of funding, Ms. COLLINS, Mr. BROWNBACK, Mr. $300 million each year over the next 5 HAGEL, Mr. COVERDELL, Mr. GORTON, child care centers receive from the States, that they are not able to retain years, as part of the Child Care Devel- Mr. VOINOVICH, Mr. MACK, and Mr. opment Block Grant Program. This SESSIONS): good employees and that they are not S. 1479. A bill to amend the Elementary able to train the employees they can funding would be an incentive for and Secondary Education Act of 1965 to em- retain—particularly in this booming States to first conduct a market sur- power teachers, improve student achieve- economy we see today. vey and then to make significant ment through high-quality professional de- So what you have in so many child movement towards raising their sub- velopment for teachers, reauthorize the care centers is a situation where they sidy rates to that market rate. In so Reading Excellence Act, and for other pur- doing, we can directly contribute to poses; to the Committee on Health, Edu- cannot retain their employees, they cannot attract the very best employ- the bottom line of these child care cen- cation, Labor, and Pensions. ters. They, in turn, can retain per- f ees, they do not have the resources to fully develop the potential for these sonnel, train their personnel, and cre- STATEMENTS ON INTRODUCED employees, and as a result, ultimately, ate a more enhancing environment for BILLS AND JOINT RESOLUTIONS children suffer. the development of children. This, I think, is a goal we should have. By Mr. REED (for himself, Mr. In fact, there have been numerous studies. The one that I found most dis- Increased reimbursement rates also DODD, Mr. KENNEDY, Mrs. FEIN- expand the number of choices parents STEIN, Mr. INOUYE, and Mrs. turbing is one where four States were studied in the United States, and it have in finding quality child care. MURRAY): We will also, I hope, at the same time was found that in those States only one S. 1475. A bill to amend the Child try to increase the overall scope of the out of seven child care centers provided Care and Development Block Grant Act child development block grants. One of care that promoted the healthy devel- of 1990 to provide incentive grants to the consequences of simply increasing improve the quality of child care; to opment of the child. Even more shock- funding for the child care development the Committee on Health, Education, ing, one in eight of these child care block grant, is many States will not in- Labor, and Pensions. centers actually provided care that crease the subsidy they pay for chil- CHILD CARE QUALITY INCENTIVE ACT OF 1999 threatened the health of the child. We dren; they will simply try to enroll Mr. REED. Mr. President, I rise to have to do something about it. more children. This puts centers in a Prior to welfare reform, there was a talk about a crisis that is affecting the very cruel dilemma because the more law on the books that said the State, families of this country. That crisis is children they have at that far-below- the child care system, the ability to when they were subsidizing day care market rate the greater the economic obtain safe, affordable, high-quality for low-income parents, had to at least pressure on the centers. child care. try to achieve the 75th percentile in The program I am presenting today Today there are an estimated 13 mil- terms of their reimbursement rate. with my colleagues would do what lion children, 6 million of them infants What that means is that they had to child care providers have argued must and toddlers, who require some form of have a reimbursement rate that could be done, and that is to give them addi- day care. For working families, the at least meet the cost of 75 out of 100 of tional resources so they can, in fact, price of this day care is exceedingly the centers in their particular State. improve the quality of day care—not difficult to meet each and every day. That has gone by the wayside. But in simply the number of children in day Full-day child care ranges from $4,000 order to keep quality in our child care care but the quality of day care. If we to $10,000 a year. For some low-income system, we have to get to reimburse- do these things we are going to be in a families, that represents 25 percent of ment rates that will, in fact, provide strong position to face the challenges their income. the resources for child care centers to ahead. This is a huge obligation. We have, I have quality, enhancing care to benefit One of the greatest challenges for fear and believe, the responsibility to the children of this country. working families is the cost of day care ensure that we can help these families What has also been abandoned in the for their children. I have been very meet this obligation to protect their last several years is even the attempt pleased to note that this legislation children. Not only is this necessary by the States to go ahead and do sur- has been endorsed by the USA Child simply for the custodial protection and veys of the market so they know what Care, the Children’s Defense Fund, care of children, it is necessary for it costs different child care centers to Catholic Charities of the United their enhancement, their advancement, provide care and know what it costs for States, the Child Welfare League of for their intellectual development. the parents to send their children to America, the YMCA of the United We have discovered over the last sev- day-care centers. Having abandoned States, the National Association of eral years, because of all the research these market surveys, essentially there Child Care Resource and Referral Agen- that is being done at the National In- is no connection between their subsidy cies, the National Head Start Associa- stitutes of Health, and other places, rate and, in fact, the cost of day care. tion, the National Child Care Associa- the crucial role of the early develop- So working families who receive these tion and a host of other agencies and ment of children in their ultimate in- subsidies—and there are more and organizations throughout the country. tellectual and social development as more families who are receiving sub- They recognize, as I do, and as my col- adults. sidies as we move welfare recipients to leagues who are introducing this legis- We know if we have good, nurturing work—have no correlation between lation do, that we can talk a lot about care in the early days of life, this care what they are getting and essentially child care, we can emphasize how im- will lead to better cognitive perform- what the cost of child care is in the portant it is to families, we can stress ance later on. It will increase class- real world. the importance to our economy and to room success. It will lead to more fully What I have done, along with some of our long-run future in this country, but developed individuals who can cope my colleagues, is introduce legislation until we put real resources to work, we with the challenges of this next cen- that would, in fact, give the States an will not be able to meet the real needs tury that is just upon us. incentive, first to do their market sur- of families. These needs grow each day.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10119 I urge strong support for this legisla- SEC. 3. INCENTIVE GRANTS TO IMPROVE THE ‘‘(c) ALLOTMENTS TO ELIGIBLE STATES.— tion. Again, I thank and commend my QUALITY OF CHILD CARE. The amount appropriated under section (a) FUNDING.—Section 658B of the Child colleagues who have joined me in this 658B(b) for a fiscal year shall be allotted Care and Development Block Grant Act of among the eligible States in the same man- effort: Senators DODD, KENNEDY, FEIN- 1990 (42 U.S.C. 9858) is amended— ner as amounts are allotted under section STEIN, INOUYE, and MURRAY, and en- (1) by striking ‘‘There’’ and inserting the 658O(b). courage others to join us. I believe if following: ‘‘(d) USE OF FUNDS.— we make this investment in quality ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) PRIORITY USE.—An eligible State that child care, we will be making one of There’’; and receives a grant under this section shall use the most important investments we (2) by adding at the end the following: the funds received to significantly increase can make in the future of this country ‘‘(b) APPROPRIATION OF FUNDS FOR GRANTS the payment rate for the provision of child TO IMPROVE THE QUALITY OF CHILD CARE.— care assistance in accordance with this sub- and in the individual future of families Out of any funds in the Treasury that are throughout the United States. chapter up to the 100th percentile of the not otherwise appropriated, there are au- market rate survey described in subsection I thank my colleagues for joining me, thorized to be appropriated and there are ap- (b)(1)(A). and I ask unanimous consent to have propriated, for each of fiscal years 2000 ‘‘(2) ADDITIONAL USES.—An eligible State printed in the RECORD a copy of the through 2004, $300,000,000 for the purpose of that demonstrates to the Secretary that the legislation. making grants under section 658H.’’. State has achieved a payment rate of the There being no objection, the bill was (b) GRANTS TO IMPROVE THE QUALITY OF 100th percentile of the market rate survey ordered to be printed in the RECORD, as CHILD CARE.—The Child Care and Develop- described in subsection (b)(1)(A) may use follows: ment Block Grant Act of 1990 (42 U.S.C. 9858 funds received under a grant made under this et seq.) is amended by inserting after section S. 1475 section for any other activity that the State 658G the following: demonstrates to the Secretary will enhance Be it enacted by the Senate and House of ‘‘SEC. 658H. GRANTS TO IMPROVE THE QUALITY the quality of child care services provided in Representatives of the United States of America OF CHILD CARE. the State. in Congress assembled, ‘‘(a) AUTHORITY.— ‘‘(3) PAYMENT RATE.—In this section, the SECTION 1. SHORT TITLE. ‘‘(1) IN GENERAL.—The Secretary shall use term ‘payment rate’ means the rate of reim- This Act may be cited as the ‘‘Child Care the amount appropriated under section bursement to providers for subsidized child Quality Incentive Act of 1999’’. 658B(b) for a fiscal year to make grants to el- care. SEC. 2. FINDINGS AND PURPOSES. igible States in accordance with this section. ‘‘(4) SUPPLEMENT NOT SUPPLANT.—Amounts (a) FINDINGS.—Congress makes the fol- ‘‘(2) ANNUAL PAYMENTS.—The Secretary paid to a State under this section shall be lowing findings: shall make annual payments to each eligible used to supplement and not supplant other (1) Recent research on early brain develop- State out of the allotment for that State de- Federal, State, or local funds provided to the ment reveals that much of a child’s growth termined under subsection (c). State under this subchapter or any other is determined by early learning and nur- ‘‘(b) ELIGIBLE STATES.— provision of law. turing care. Research also shows that qual- ‘‘(1) IN GENERAL.—In this section, the term ‘‘(e) EVALUATIONS AND REPORTS.— ity early care and education leads to in- ‘eligible States’ means a State that— ‘‘(1) STATE EVALUATIONS.—Each eligible creased cognitive abilities, positive class- ‘‘(A) has conducted a survey of the market State shall submit to the Secretary, at such room learning behavior, increased likelihood rates for child care services in the State time and in such form and manner as the of long-term school success, and greater within the 2 years preceding the date of the Secretary may require, information regard- likelihood of long-term economic and social submission of an application under para- ing the State’s efforts to increase payment self-sufficiency. graph (2); and rates and the impact increased rates are hav- (2) Each day an estimated 13,000,000 chil- ‘‘(B) submits an application in accordance ing on the quality of, and accessibility to, dren, including 6,000,000 infants and toddlers, with paragraph (2). child care in the State. spend some part of their day in child care. ‘‘(2) APPLICATION.— ‘‘(2) REPORTS TO CONGRESS.—The Secretary However, a study in 4 States found that only ‘‘(A) IN GENERAL.—To be eligible to receive shall submit biennial reports to Congress on 1 in 7 child care centers provide care that a grant under this section, a State shall sub- the information described in paragraph (1). promotes healthy development, while 1 in 8 mit an application to the Secretary at such Such reports shall include data from the ap- child care centers provide care that threat- time, in such manner, and accompanied by plications submitted under subsection (b)(2) ens the safety and health of children. such information, in addition to the informa- as a baseline for determining the progress of (3) Full-day child care can cost $4,000 to tion required under subparagraph (B), as the each eligible State in maintaining increased $10,000 per year. Secretary may require. payment rates.’’. (4) Although Federal assistance is avail- ‘‘(B) INFORMATION REQUIRED.—Each appli- able for child care, funding is severely lim- cation submitted for a grant under this sec- By Mr. MURKOWSKI (for him- ited. Even with Federal subsidies, many fam- tion shall— ilies cannot afford child care. For families self, Mr. STEVENS, Mr. INOUYE, ‘‘(i) detail the methodology and results of with young children and a monthly income and Mr. AKAKA): the State market rates survey conducted under $1,200, the cost of child care typically S. 1476. A bill to amend title XVIII of pursuant to paragraph (1)(A); consumes 25 percent of their income. the Social Security Act to provide an ‘‘(ii) describe the State’s plan to increase (5) Payment (or reimbursement) rates, the payment rates from the initial baseline de- increase in payments for physician maximum the State will reimburse a child termined under clause (i); and services provided in health professional care provider for the care of a child who re- ‘‘(iii) describe how the State will increase shortage areas in Alaska and Hawaii; ceives a subsidy, are too low to ensure that to the Committee on Finance. quality care is accessible to all families. payment rates in accordance with the mar- (6) Low payment rates directly affect the ket survey findings. HEALTH PROFESSIONAL SHORTAGE IN ALASKA kind of care children get and whether fami- ‘‘(3) CONTINUING ELIGIBILITY REQUIRE- AND HAWAII lies can find quality child care in their com- MENT.—The Secretary may make an annual Mr. MURKOWSKI: Mr. President, I munities. In many instances, low payment payment under this section to an eligible rise today to introduce legislation co- rates force child care providers to cut cor- State only if— sponsored by my colleagues Senator ‘‘(A) the Secretary determines that the ners in ways that lower the quality of care STEVENS, Senator AKAKA, and Senator State has made progress, through the activi- for children, including reducing number of INOUYE which will help to alleviate staff, eliminating staff training opportunities assisted under this subchapter, in maintaining increased payment rates; and some of the financial hardships that ties, and cutting enriching educational ac- currently face physicians who practice tivities and services. ‘‘(B) at least once every 2 years, the State (7) Children in low quality child care are conducts an update of the survey described in remote areas of Alaska and Hawaii. more likely to have delayed reading and lan- in paragraph (1)(A). Access to health care is the over- guage skills, and display more aggression to- ‘‘(4) REQUIREMENT OF MATCHING FUNDS.— riding problem for Alaska’s elderly. Al- ward other children and adults. ‘‘(A) IN GENERAL.—To be eligible to receive most weekly, I receive letters from (8) Increased payment rates lead to higher a grant under this section, the State shall seniors in Alaska who tell me that quality child care as child care providers are agree to make available State contributions their doctor is no longer willing to ac- able to attract and retain qualified staff, from State sources toward the costs of the cept Medicare patients. Why? Because provide salary increases and professional activities to be carried out by a State pursu- doctors in rural areas lose money on training, maintain a safe and healthy envi- ant to subsection (d) in an amount that is not less than 25 percent of such costs. Medicare patients. ronment, and purchase basic supplies and de- In a 1987 report to Congress, the Phy- velopmentally appropriate educational ma- ‘‘(B) DETERMINATION OF STATE CONTRIBU- terials. TIONS.—State contributions shall be in cash. sician Payment Review Commission (b) PURPOSE.—The purpose of this Act is to Amounts provided by the Federal Govern- recognized that low Medicare payments improve the quality of, and access to, child ment may not be included in determining in rural areas affect physicians’ will- care by increasing child care payment rates. the amount of such State contributions. ingness to see Medicare beneficiaries.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10120 CONGRESSIONAL RECORD — SENATE August 3, 1999 In response, Congress provided a 10 per- adoptive services to which all other in- the jurisdiction of their tribal govern- cent bonus payment for all physician come-eligible children are entitled. ments, and I hope my colleagues will services provided in rural areas with Not only are otherwise eligible Na- join me in supporting this bill. the greatest degree of physician short- tive children denied foster care mainte- Mr. President, I ask unanimous con- ages. Unfortunately, reimbursement nance payments, but this inequity also sent that the text of the bill be printed rates continue to be inadequate in extends to children adopted through in the RECORD. Alaska and Hawaii where physicians tribal placements. Currently, the IV–E There being no objection, the bill was must contend with extreme remoteness program offers sporadic assistance for ordered to be printed in the RECORD, as and high transportation costs. Alaska expenses associated with adoption and follows: is currently 70 percent medically un- no assistance for training professional S. 1478 derserved. staff or parents involved in the adop- Be it enacted by the Senate and House of Rep- The legislation which I am intro- tion absent a tribal-state agreement. resentatives of the United States of America in ducing today will increase the bonus In many instances, these children Congress assembled, payment for rural physicians in Alaska face insurmountable odds. Many come SECTION 1. AUTHORITY OF INDIAN TRIBES TO and Hawaii to 20 percent. By increasing from abusive homes. Foster parents RECEIVE FEDERAL FUNDS FOR FOS- TER CARE AND ADOPTION ASSIST- these payments, physicians in Alaska who open their doors to care for these ANCE. and Hawaii will be better able to cover special children deserve our help. (a) CHILDREN PLACED IN TRIBAL CUSTODY the additional costs which accom- These generous people who are willing ELIGIBLE FOR FOSTER CARE FUNDING.—Sec- panies the delivery of health care in re- to take these children into their homes tion 472(a)(2) of the Social Security Act (42 mote areas. Furthermore, this legisla- shouldn’t have sleepless nights wor- U.S.C. 672(a)(2)) is amended— tion will go far in helping Alaska and rying about whether they have the re- (1) by striking ‘‘or (B)’’ and inserting Hawaii retain current physician staffs sources to provide nourishing food or a ‘‘(B)’’; and (2) by inserting before the semicolon the and better meet the needs of Alaskan warm coat, or even adequate shelter following: ‘‘, or (C) an Indian tribe as defined Native and Hawaiian Native commu- for these children. This legislation will in section 479B(b)(5), in the case of an Indian nities. go a long way to ease their concerns. child (as defined in section 4(4) of the Indian Mr. President, I ask unanimous con- Currently, some tribes and states Child Welfare Act of 1978 (25 U.S.C. 1903(4))) if sent that the text of the bill be printed have entered into IV–E agreements, the tribe is not operating a program pursu- in the RECORD. but these arrangements are the excep- ant to section 479B and (i) has an agreement There being no objection, the bill was tion. They also, by and large, do not in- with a State pursuant to section 479B(b)(3) or ordered to be printed in the RECORD, as clude funds to train tribal social work- (ii) submits to the Secretary a description of follows: ers and other program administrators. the arrangements, jointly developed or in consultation with the State, made for the S. 1476 This bill would authorize tribes to op- payment of funds and the provision of the Be it enacted by the Senate and House of Rep- erate IV–E programs in the same man- child welfare services and protections re- resentatives of the United States of America in ner as states. Upon approval of a tribal quired by this title’’. Congress assembled, plan by HHS, the tribe would be able to (b) PROGRAMS OPERATED BY INDIAN TRIBAL SECTION 1. INCREASE IN PAYMENTS FOR PHYSI- provide services to income-eligible ORGANIZATIONS.—Part E of title IV of the So- CIAN SERVICES PROVIDED IN children under its custody. The bill cial Security Act (42 U.S.C. 670 et seq.) is HEALTH PROFESSIONAL SHORTAGE amended by adding at the end the following: AREAS IN ALASKA AND HAWAII. would also allow children in tribal cus- (a) IN GENERAL.—Section 1833(m) of the So- tody to receive foster care payments ‘‘PROGRAMS OPERATED BY INDIAN TRIBAL cial Security Act (42 U.S.C. 13951(m)) is where a tribe chooses not to operate ORGANIZATIONS amended by inserting ‘‘(20 percent in such an the entire program if adequate ar- ‘‘SEC. 479B. (a) Except as provided in sub- area in Alaska or Hawaii) after ‘‘10 percent’’. rangements are made between the tribe section (b), this part shall apply to an Indian (b) EFFECTIVE DATE.—The amendment Tribe that chooses to operate a program made by subsection (a) shall apply to physi- and the state for provision of child wel- under this part in the same manner as this cian services furnished on or after the date fare services and protections required part applies to a State. of enactment of this Act. by Title IV–E. ‘‘(b)(1) In the case of an Indian tribe sub- The bill we are introducing today mitting a plan for approval under section By Mr. DASCHLE (for himself, would: 471, the plan shall— Mr. MCCAIN and Mr. INOUYE): Authorize reimbursement of Title ‘‘(A) in lieu of the requirement of section S. 1478. A bill to amend part E of title IV–E entitlement programs for tribal 471(a)(3), identify the service area or areas IV of the Social Security Act to pro- placements in foster and adoptive and population to be served by the Indian vide equitable access for foster care tribe; and homes; ‘‘(B) in lieu of the requirement of section and adoption services for Indian chil- Authorize tribal governments to re- 471(a)(10), provide for the approval of foster dren in tribal areas; to the Committee ceive direct funding from the Depart- homes pursuant to tribal standards and in a on Finance. ment of Health and Human Services for manner that ensures the safety of, and ac- IMPROVING FOSTER CARE AND ADOPTION training and administration of IV–E countability for, children placed in foster SERVICES FOR NATIVE AMERICAN CHILDREN programs (tribes must have HHS-ap- care. Mr. DASCHLE. Mr. President, today proved programs); ‘‘(2)(A)(i) For purposes of determining the I am introducing, along with Senator Allow the Secretary flexibility to Federal medical assistance percentage applicable to an Indian tribe under paragraphs (1) MCCAIN and Senator INOUYE, an impor- modify the requirements of the IV–E and (2) of section 474(a), the calculation of an tant bill to correct an inequity in the law for tribes if those requirements are Indian tribe’s per capita income shall be law affecting many Native American not in the best interest of Native chil- based upon the service population of the In- children. Every year, for a variety of dren and if the tribal plans include al- dian tribe as defined in its plan. often tragic reasons, thousands of chil- ternative provisions that would ‘‘(ii) An Indian tribe may submit to the dren across the country are placed in achieve the purpose of the requirement Secretary such information as the tribe con- foster care. To assist with the cost of that is altered or waived; and siders may be relevant to making the cal- food, shelter, clothing, daily super- Allow continuation of tribal-state culation of the per capita income of the vision and school supplies, foster par- IV–E agreements. tribe, and the Secretary shall consider such information before making the calculation. ents of children who have come to In a 1994 report, HHS found that the ‘‘(B) The Secretary shall, by regulation, them through state agency placements best way to serve this underfunded determine the proportions to be paid to In- receive money through Title IV–E of group is to provide direct assistance to dian tribes pursuant to section 474(a)(3), ex- the Social Security Act. Additionally, tribal governments and qualified tribal cept that in no case shall an Indian tribe re- States receive funds for administrative families. This bill would not reduce the ceive a lesser proportion than specified for training and data collection to support entitlement funding for states, as they States in that section. this program. Unfortunately, because would continue to be reimbursed for ‘‘(C) An Indian tribe may use Federal or State funds to match payments for which of a legislative oversight, many in- their expenses under the law. I strong- the Indian tribe is eligible under section 474. come-eligible Native American chil- ly believe Congress should address this ‘‘(3) An Indian tribe and a State may enter dren placed in foster care by tribal oversight and provide equitable bene- into a cooperative agreement for the admin- agencies do not receive foster care and fits to Native American children under istration or payment of funds pursuant to

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10121 this part. Any such agreement that is in ef- need of foster care and child support islation does not currently include any fect as of the date of the enactment of this are not accorded the same level of serv- identified off-sets to pay for adding section shall remain in full force and effect ice as other children nationwide. Tribal tribal eligibility for this entitlement subject to the right of either party to revoke governments, who are legally respon- program, I have assurances from Sen- or modify the agreement pursuant to its terms. sible for Indian children in foster care, ators DASCHLE and INOUYE that the in- ‘‘(4) The Secretary may prescribe regula- are not entitled to federal reimburse- clusion of off-sets, prior to final pas- tions that alter or waive any requirement ment for children placed in foster care sage, will in no way affect the Social under this part with respect to an Indian by a tribal court, unless the tribe, as a Security Trust Fund or increase the tribe or tribes if the Secretary, after con- public agency, enters into a coopera- federal debt. We have pledged to work sulting with the tribe or tribes— tive agreement with the state. together to find necessary and agree- ‘‘(A) determines that the strict enforce- A cooperative agreement may not able off-sets for this program. ment of the requirement would not advance sound all that difficult, but in reality, the best interests and the safety of children Mr. President, enactment of this leg- served by the Indian tribe or tribes; and such an agreement can prove impos- islation will bring an end to the dis- ‘‘(B) provides in the regulations that tribal sible. Rather than providing incen- parate treatment of eligible Indian plans include alternative provisions that tives, current law more often discour- children under Title IV–E programs. I would achieve the purposes of the require- ages states from entering into agree- urge my colleagues to correct this un- ment that is to be altered or waived. ments with tribes. For example, a state fair oversight and make the benefits of ‘‘(5) For purposes of this section, the term is accountable for tribal compliance the Title IV–E entitlement program ‘Indian tribe’ means any Indian tribe, band, with Title IV–E requirements. If a tribe nation, or organized group or community of available for all children as intended. Indians, including any Alaska Native village, cannot fulfill a matching requirement, that is recognized as eligible for the special the state must assume the costs on be- By Mr. GREGG (for himself, Mr. programs and services provided by the half of the tribe in order to retain fed- LOTT, Ms. COLLINS, Mr. BROWNBACK, United States to Indians because of their eral funds. It is entirely possible that Mr. HAGEL, Mr. COVERDELL, Mr. status as Indians. states could lose their Title IV–E funds GORTON, Mr. VOINOVICH, Mr. MACK, ‘‘(6) Nothing in this section shall preclude if tribal records were out of compli- and Mr. SESSIONS): the development and submission of a single ance. plan under section 471 that meets the re- S. 1479. A bill a amend the Elemen- State-tribal relations are not always quirements of this section by the partici- tary and Secondary Education Act of productive, particularly when disputes pating Indian tribes of an intertribal consor- 1965 to empower teachers, improve stu- arise over issues unrelated to child wel- tium.’’. dent achievement through high-quality (c) EFFECTIVE DATE.—The amendments fare. Providing this direct eligibility professional development for teachers, made by this Act take effect on the date of for tribal governments, with the same reauthorize the Reading Excellence enactment of this Act. accountability and enforcement re- Act, and for other purposes; to the Mr. MCCAIN. Mr. President, I am quirements, will resolve such problems. Committee on Health, Education, pleased to co-sponsor legislation with State agencies have indicated that di- Labor and Pensions. my colleagues, Senators DASCHLE and rect participation by the tribes would INOUYE, to amend the Social Security help address an overburden of casework TEACHER EMPOWERMENT ACT Act and extend eligibility for Indian and preclude tension over jurisdic- ∑ Mr. GREGG. Mr President, today I tribes to fully implement, like states, tional issues. am joined with my colleagues, Sen- the Title IV–E Foster Care and Adop- I want to make clear that enactment ators LOTT, COLLINS, BROWNBACK, tion Assistance Act. This important of this legislation will in no way sup- HAGEL, COVERDELL, GORTON, MACK, legislation will finally allow Indian plant or discourage State-tribal agree- VOINOVICH and SESSIONS in introducing children living in tribal areas to have ments. Existing agreements will be the Teacher Empowerment Act (TEA). the same access to services of the Title honored, while allowing Indian tribes This Act is similar to H.R. 1995 which IV–E Foster Care and Adoption Assist- to directly access needed resources for recently passed the House. ance Program enjoyed by other chil- further protection for income-eligible The bill provides a little over $2 bil- dren nationwide. Indian children. lion annually over 5 years by consoli- The purpose of the Title IV–E pro- I also want to comment briefly on ef- dating funds for Title II of ESEA, gram is to ensure that children receive forts made by the Administration to GOALS 2000 and Classroom Size into adequate care when placed in foster implement a limited pilot program to one flexible funding stream for the pur- care and adoption programs. The Title provide direct authority to tribes to poses of increasing teacher quality and IV–E program operates as an open- administer the Title IV–E and Title IV– the number of high quality teachers in ended entitlement program for eligible B programs. The 1997 Adoption and our schools. state governments with approved Safe Families Act authorized up to ten Over 300 studies have found that the plans. State governments receive fund- demonstration programs. Five dem- number one contributor to student ing for foster care maintenance pay- onstration programs have been ap- achievement is a highly qualified ments to cover food, shelter, clothing, proved by the Administration to meet teacher. Outside of parental involve- school supplies, and liability insurance the needs of Indian children. I applaud ment, no other factor has as much im- for income-eligible children placed in the initiative, but this limited ap- pact on determining whether a student foster homes by state courts, and for proval will not extend to any other will succeed or fail in school. Unfortu- related administrative and training tribe who may choose to administer nately, we know that over 25% of those costs. their own programs and the needs of who enter the teacher workforce are While Congress intended that the many Indian children will still be poorly qualified to teach. Furthermore, Title IV–E program should benefit all unmet. I sincerely hope the Adminis- we know that many teachers who are eligible children, Indian children who tration would seek to include five more already in the classroom lack nec- are under the jurisdiction of their trib- tribes as participants in the dem- essary skills or do not possess adequate al court are not eligible. When enacted, onstration program. knowledge of the subject area in which the Title IV–E law did not properly We sought to include similar eligi- they teach. consider that Indian tribal govern- bility provisions in the 1996 Personal Since teacher quality is the most sig- ments retain sole jurisdiction over the Responsibility and Work Opportunity nificant determinant to student suc- domestic affairs of their own tribal Act, but were unsuccessful in finding cess and there is a shortage of high members, particularly Indian children. the necessary off-sets to pay for this quality teachers in our schools, it is State administrators have attempted program. readily apparent that we need to focus to meet the intended goals of these The Congressional Budget Office our efforts on increasing teacher qual- programs by extending their efforts to (CBO) estimates that this legislation ity. Nothing else will improve our pub- Indian country. However, administra- would cost $236 million over a five-year lic schools or lead to increased student tive and jurisdictional hurdles make it period, which generally amounts to achievement as much as increasing the nearly impossible to provide these less than one percent of total Federal number of high quality teachers in our services. As a result, Indian children in Title IV–E expenditures. While this leg- schools.

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TEA improves teacher quality by re- TEA also creates Teacher Oppor- ‘‘(ii) 1⁄2 of 1 percent for the Secretary of the quiring that professional development tunity Payments (TOPS), payments Interior for programs under this part for pro- activities increase teacher knowledge that would be provided directly to fessional development activities for teach- and skills as well as student achieve- ers, other staff, and administrators in teachers so they can choose their own schools operated or funded by the Bureau of ment. TEA builds upon extensive re- professional development. Teachers Indian Affairs. search on what type of professional de- have reported that professional activi- ‘‘(B) LIMITATION.—In reserving an amount velopment activities improve teacher ties selected by the school districts are for the purposes described in clauses (i) and knowledge and skills. First and fore- often not as helpful as those activities (ii) of subparagraph (A) for a fiscal year, the most high quality professional develop- they might have selected themselves. Secretary shall not reserve more than the ment activities must be directly re- Under TOPS, if a group of teachers is total amount the outlying areas and the lated to the curriculum and subject not satisfied with the professional op- schools operated or funded by the Bureau of Indian Affairs received under the authorities area in which the teacher provides in- portunities offered by the school dis- struction. Second, they must be of suf- described in paragraph (2)(A)(i) for fiscal trict, they could request that the LEA year 1999. ficient intensity and duration to have a pay for them to attend a professional ‘‘(2) STATE ALLOTMENTS.— positive and lasting impact. TEA only development program of their choice, ‘‘(A) HOLD HARMLESS.— funds those professional activities that provided the program met the profes- ‘‘(i) IN GENERAL.—Subject to subparagraph meet these requirements and only if sional activity requirements under the (B), from the total amount made available to the activities are tied to challenging Act. This means that science teachers carry out this subpart for any fiscal year and State content and student performance not reserved under paragraph (1), the Sec- could attend a local university that retary shall allot to each of the 50 States, standards. has a reputation for intensive profes- Not only does TEA improve teacher the District of Columbia, and the Common- sional development programs in math quality, but it gives school districts wealth of Puerto Rico an amount equal to and science; programs that they other- the total amount that such State received the ability to recruit and retain high wise might not have had the oppor- for fiscal year 1999 under— quality teachers. Many school dis- tunity to attend. ‘‘(I) section 2202(b) of this Act (as in effect tricts, especially inner city and rural I urge my colleagues to cosponsor on the day before the date of enactment of school districts, are unable to either the Teacher Empowerment Act); TEA. TEA gives States and schools the attract or retain high quality teachers. ‘‘(II) section 307 of the Department of Edu- resources and the flexibility to use Blanket classroom size reduction pro- cation Appropriations Act, 1999; and those resources to retain, recruit, train posals, which call for reduced class size ‘‘(III) section 304(b) of the Goals 2000: Edu- at all costs, only exacerbate the situa- and hire highly qualified teachers. cate America Act (20 U.S.C. 5884(b)). I ask that the bill be printed in the ‘‘(ii) RATABLE REDUCTION.—If the total tion. amount made available to carry out this sub- A recent Rand study found that Cali- RECORD. The bill follows: part for any fiscal year and not reserved fornia’s classroom size initiative led to under paragraph (1) is insufficient to pay the S. 1479 more uncredentialed, underqualifed full amounts that all States are eligible to teachers and an increase in teacher Be it enacted by the Senate and House of Rep- receive under clause (i) for any fiscal year, aides (rather than teachers) providing resentatives of the United States of America in the Secretary shall ratably reduce such direct instruction to students. Inner Congress assembled, amounts for such fiscal year. city schools in Los Angeles actually SECTION 1. SHORT TITLE. ‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.— witnessed a decrease in the number of This Act may be cited as the ‘‘Teacher Em- ‘‘(i) IN GENERAL.—Subject to clause (ii), for powerment Act’’. any fiscal year for which the total amount qualified teachers, as many of those SEC. 2. TEACHER EMPOWERMENT. made available to carry out this subpart and that were qualified left the inner city (a) IN GENERAL.—Title II of the Elemen- not reserved under paragraph (1) exceeds the schools when jobs opened up in more tary and Secondary Education Act of 1965 (20 total amount made available to the 50 affluent schools. U.S.C. 6601 et seq.) is amended— States, the District of Columbia, and the Clearly, school districts must be (1) by striking the heading for title II and Commonwealth of Puerto Rico for fiscal year given the resources to not only recruit, inserting the following: 1999 under the authorities described in subparagraph (A)(i), the Secretary shall allot to but also to retain, high quality teach- ‘‘TITLE II—TEACHER QUALITY’’; each of those States the sum of— ers. TEA does this through a variety of (2) by repealing sections 2001 through 2003; measures. It permits school districts to ‘‘(I) an amount that bears the same rela- and tionship to 50 percent of the excess amount award differential pay to retain and re- (3) by amending part A to read as follows: as the number of individuals age 5 through 17 cruit teachers in high need subject ‘‘PART A—TEACHER EMPOWERMENT in the State, as determined by the Secretary areas, such as math and science. It per- ‘‘SEC. 2001. PURPOSE. on the basis of the most recent satisfactory mits schools to provide signing bonuses ‘‘The purpose of this part is to provide data, bears to the number of those individ- to retain their best teachers and reduce grants to States and local educational agen- uals in all such States, as so determined; and the rate of attrition. cies, in order to assist their efforts to in- ‘‘(II) an amount that bears the same rela- It permits school districts to estab- crease student academic achievement tionship to 50 percent of the excess amount lish incentive programs to attract and through such strategies as improving teach- as the number of individuals age 5 through 17 hire highly skilled and knowledgeable er quality. from families with incomes below the poverty line in the State, as determined by the teachers. It permits schools to recruit ‘‘Subpart 1—Grants to States Secretary on the basis of the most recent individuals who have had careers out- ‘‘SEC. 2011. FORMULA GRANTS TO STATES. satisfactory data, bears to the number of side of teaching but whose life experi- ‘‘(a) IN GENERAL.—In the case of each State those individuals in all such States, as so de- ence provides a solid foundation for that, in accordance with section 2014, sub- termined. teaching. And, it permits schools to in- mits to the Secretary and obtains approval ‘‘(ii) EXCEPTION.—No State receiving an al- vest in teacher mentors and master of an application for a fiscal year, the Sec- lotment under clause (i) may receive less teachers; studies and teacher polls retary shall make a grant for the year to the than 1⁄2 of 1 percent of the total excess have found that hiring master teachers State for the uses specified in section 2012. amount allotted under clause (i) for a fiscal The grant shall consist of the allotment de- who mentor new teachers improves year. termined for the State under subsection (b). ‘‘(3) REALLOTMENT.—If any State does not both teacher quality and the likelihood ‘‘(b) DETERMINATION OF AMOUNT OF ALLOT- apply for an allotment under this subsection that new teachers will stay and thrive MENT.— for any fiscal year, the Secretary shall at the school. ‘‘(1) RESERVATION OF FUNDS.— reallot such amount to the remaining States In addition to promoting high qual- ‘‘(A) IN GENERAL.—From the total amount in accordance with this subsection. ity professional development programs made available to carry out this subpart for ‘‘SEC. 2012. ALLOCATIONS WITHIN STATES. and to giving school districts the abil- any fiscal year, the Secretary shall reserve— ‘‘(a) USE OF FUNDS.—Each State receiving ity to retain, recruit and train high ‘‘(i) 1⁄2 of 1 percent for allotments for the a grant under this subpart shall use the quality teachers, TEA also promotes a United States Virgin Islands, Guam, Amer- funds provided under the grant in accordance ican Samoa, and the Commonwealth of the number of innovative common sense with this section to carry out activities for Northern Mariana Islands, to be distributed the improvement of teaching and learning. reforms, such as tenure reform, teacher among those outlying areas on the basis of ‘‘(b) REQUIRED AND AUTHORIZED EXPENDI- testing, merit-based performance sys- their relative need, as determined by the TURES.— tems, teacher academies, and alter- Secretary in accordance with the purpose of ‘‘(1) REQUIRED EXPENDITURES.—The Sec- native certification programs. this part; and retary may make a grant to a State under

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10123 this subpart only if the State agrees to ex- ‘‘(ii) to the eligible partnerships to enable ‘‘(A) in the event the State provides public pend not less than 90 percent of the amount the partnerships to carry out subpart 2 (but State report cards on education, shall in- of the funds provided under the grant for the not more than 5 percent of the funds made clude in such report cards information on purpose of making subgrants to local edu- available to the eligible partnerships the State’s progress with respect to— cational agencies and eligible partnerships through the subgrants may be used for plan- ‘‘(i) subject to paragraph (2), improving (as defined in section 2021(d)), in accordance ning and administration related to carrying student academic achievement, as defined by with subsection (c). out such purpose). the State; ‘‘(2) AUTHORIZED EXPENDITURES.—A State ‘‘SEC. 2013. STATE USE OF FUNDS. ‘‘(ii) closing academic achievement gaps, that receives a grant under this subpart may ‘‘(a) AUTHORIZED STATE ACTIVITIES.—The as defined by the State, between groups de- expend a portion equal to not more than 10 authorized State activities referred to in sec- scribed in paragraph (2)(A)(i); and percent of the amount of the funds provided tion 2012(b)(2) are the following: ‘‘(iii) increasing the percentage of classes under the grant for 1 or more of the author- ‘‘(1) Reforming teacher certification (in- in core academic subjects that are taught by ized State activities described in section 2013 cluding recertification) or licensure require- highly qualified teachers; or or to make grants to eligible partnerships to ments to ensure that— ‘‘(B) in the event the State provides no enable the partnerships to carry out subpart ‘‘(A) teachers have the necessary teaching such report card, shall publicly report the in- 2 (but not more than 5 percent of such por- skills and academic content knowledge in formation described in subparagraph (A) through other means. tion may be used for planning and adminis- the academic subjects in which the teachers ‘‘(2) DISAGGREGATED DATA.—The informa- tration related to carrying out such pur- are assigned to teach; tion described in clauses (i) and (ii) of para- pose). ‘‘(B) the requirements are aligned with the graph (1)(A) and clauses (i) and (ii) of section ‘‘(c) DISTRIBUTION OF SUBGRANTS TO LOCAL State’s challenging State content standards; 2014(b)(2)(A) shall be— EDUCATIONAL AGENCIES AND ELIGIBLE PART- and ‘‘(A) disaggregated— NERSHIPS.— ‘‘(C) teachers have the knowledge and ‘‘(i) by minority and non-minority group ‘‘(1) ALLOCATIONS TO LOCAL EDUCATIONAL skills necessary to help students meet chal- and by low-income and non-low-income AGENCIES.— lenging State student performance stand- group; and ‘‘(A) IN GENERAL.—Subject to subparagraph ards. ‘‘(ii) using assessments under section (B), a State receiving a grant under this sub- ‘‘(2) Carrying out programs that— 1111(b)(3); and part shall distribute a portion equal to 80 ‘‘(A) include support during the initial ‘‘(B) publicly reported in the form of percent of the amount described in sub- teaching experience, such as mentoring pro- disaggregated data only when such data are section (b)(1) by allocating to each eligible grams; and statistically sound. local educational agency the sum of— ‘‘(B) establish, expand, or improve alter- ‘‘(3) PUBLIC AVAILABILITY.—Such informa- ‘‘(i) an amount that bears the same rela- native routes to State certification of teach- tion shall be made widely available to the tionship to 50 percent of the portion as the ers for highly qualified individuals with a public, including parents and students, number of individuals enrolled in public and baccalaureate degree, including mid-career through major print and broadcast media private nonprofit elementary schools and professionals from other occupations, para- outlets throughout the State. secondary schools in the geographic area professionals, former military personnel, and ‘‘SEC. 2014. APPLICATIONS BY STATES. served by the agency bears to the number of recent college or university graduates with ‘‘(a) IN GENERAL.—To be eligible to receive those individuals in the geographic areas records of academic distinction who dem- a grant under this subpart, a State shall sub- served by all the local educational agencies onstrate the potential to become highly ef- mit an application to the Secretary at such in the State; and fective teachers. time, in such manner, and containing such ‘‘(ii) an amount that bears the same rela- ‘‘(3) Developing and implementing effective information as the Secretary may reason- tionship to 50 percent of the portion as the mechanisms to assist local educational agen- ably require. number of individuals age 5 through 17 from cies and schools in effectively recruiting and ‘‘(b) CONTENTS.—Each application sub- families with incomes below the poverty retaining highly qualified and effective mitted under this section shall include the line, in the geographic area served by the teachers and principals. following: agency, as determined by the Secretary on ‘‘(4) Reforming tenure systems and imple- ‘‘(1) A description of how the State will en- the basis of the most recent satisfactory menting teacher testing and other proce- sure that a local educational agency receiv- data, bears to the number of those individ- dures to remove expeditiously incompetent ing a subgrant to carry out subpart 3 will uals in the geographic areas served by all the and ineffective teachers from the classroom. comply with the requirements of such sub- local educational agencies in the State, as so ‘‘(5) Developing or improving systems of part. determined. performance measures to evaluate the effec- ‘‘(2)(A) A description of the performance ‘‘(B) ALTERNATIVE FORMULA.—A State may tiveness of professional development pro- indicators that the State will use to measure increase the percentage described in sub- grams and activities in improving teacher the annual progress of the local educational paragraph (A)(ii) (and commensurately de- quality, skills, and content knowledge, and agencies and schools in the State with re- crease the percentage described in subpara- increasing student achievement. spect to— graph (A)(i)). ‘‘(6) Developing or improving systems to ‘‘(i) subject to section 2013(c)(2), improving ‘‘(C) USE OF FUNDS.—The State shall make evaluate the impact of teachers on student student academic achievement, as defined by subgrants to local educational agencies from achievement. the State; allocations made under this paragraph to en- ‘‘(7) Providing technical assistance to local ‘‘(ii) closing academic achievement gaps, able the agencies to carry out subpart 3. educational agencies consistent with this as defined by the State, between groups de- ‘‘(2) COMPETITIVE SUBGRANTS TO LOCAL EDU- part. scribed in section 2013(c)(2)(A)(i); and CATIONAL AGENCIES AND ELIGIBLE PARTNER- ‘‘(8) Funding projects to promote reci- ‘‘(iii) increasing the percentage of classes SHIPS.— procity of teacher certification or licensure in core academic subjects that are taught by ‘‘(A) COMPETITIVE PROCESS.—A State re- between or among States, except that no rec- highly qualified teachers. ceiving a grant under this subpart shall dis- iprocity agreement developed under this ‘‘(B) An assurance that the State will re- tribute a portion equal to 20 percent of the paragraph or developed using funds provided quire each local educational agency and amount described in subsection (b)(1) under this part may lead to the weakening of school in the State receiving funds under through a competitive process. any State teaching certification or licensing this part to publicly report information on ‘‘(B) PARTICIPANTS.—The competitive proc- requirement. the agency’s or school’s annual progress, as ess carried out under subparagraph (A) shall ‘‘(9) Developing or assisting local edu- measured by the performance indicators. be open to local educational agencies and eli- cational agencies or eligible partnerships (as ‘‘(3) A description of how the State will gible partnerships (as defined in section defined in section 2021(d)) in the development hold the local educational agencies and 2021(d)). In carrying out the process, the and utilization of proven, innovative strate- schools accountable for making annual gains State shall give priority to high-need local gies to deliver intensive professional devel- toward meeting the performance indicators educational agencies that focus on math, opment programs and activities that are described in paragraph (2). science, or reading professional development both cost-effective and easily accessible, ‘‘(4)(A) A description of how the State will programs. such as through the use of technology and coordinate professional development activi- ‘‘(C) SUBGRANTS TO ELIGIBLE PARTNER- distance learning. ties authorized under this part with profes- SHIPS.—A State receiving a grant under this ‘‘(b) COORDINATION.—A State that receives sional development activities provided under subpart shall distribute at least 3 percent of a grant to carry out this subpart and a grant other Federal, State, and local programs, in- the portion described in subparagraph (A) to under section 202 of the Higher Education cluding those authorized under title I, title the eligible partnerships through the com- Act of 1965 (20 U.S.C. 1022) shall coordinate III, title IV, part A of title VII, and (where petitive process. the activities carried out under this section applicable) the Individuals with Disabilities ‘‘(D) USE OF FUNDS.—In distributing funds and the activities carried out under that sec- Education Act (20 U.S.C. 1400 et seq.) and the under this paragraph, the State shall make tion 202. Carl D. Perkins Vocational and Technical subgrants— ‘‘(c) PUBLIC ACCOUNTABILITY.— Education Act of 1998 (20 U.S.C. 2301 et seq.). ‘‘(i) to local educational agencies to enable ‘‘(1) IN GENERAL.—A State that receives a ‘‘(B) A description of the comprehensive the agencies to carry out subpart 3; and grant under this subpart— strategy that the State will use as part of

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the effort to carry out the coordination, to ‘‘(1) IN GENERAL.—Each local educational ers to utilize technology to improve teaching ensure that teachers are trained in the utili- agency that receives a subgrant to carry out and learning, that are consistent with the re- zation of technology so that technology and this subpart shall use the subgrant to carry quirements of section 2032; technology applications are effectively used out the activities described in this sub- ‘‘(B) development and utilization of prov- in the classroom to improve teaching and section. en, cost-effective strategies for the imple- learning in all curriculum areas and aca- ‘‘(2) REQUIRED PROFESSIONAL DEVELOPMENT mentation of professional development ac- demic subjects, as appropriate. ACTIVITIES.— tivities, such as through the utilization of ‘‘(5) A description of how the State will en- ‘‘(A) MATHEMATICS AND SCIENCE.— technology and distance learning; courage the development of proven, innova- ‘‘(i) IN GENERAL.—Each local educational ‘‘(C) professional development programs tive strategies to deliver intensive profes- agency that receives a subgrant to carry out that provide instruction in how to teach sional development programs that are both this subpart shall use a portion of the funds children with different learning styles, par- cost-effective and easily accessible, such as made available through the subgrant for pro- ticularly children with disabilities and chil- through the use of technology and distance fessional development activities in mathe- dren with special learning needs (including learning. matics and science in accordance with sec- children who are gifted and talented); and ‘‘(c) APPLICATION SUBMISSION.—A State ap- tion 2032. ‘‘(D) professional development programs plication submitted to the Secretary under ‘‘(ii) GRANDFATHER OF OLD WAIVERS.—A that provide instruction in how best to dis- this section shall be approved by the Sec- waiver provided to a local educational agen- cipline children in the classroom and iden- retary unless the Secretary makes a written cy under part D of title XIV prior to the date tify early and appropriate interventions to determination, within 90 days after receiving of enactment of the Teacher Empowerment help children described in subparagraph (C) the application, that the application is in Act shall be deemed to be in effect until such to learn. violation of the provisions of this Act. time as the waiver otherwise would have ‘‘(5) Programs and activities related to— ceased to be effective. ‘‘Subpart 2—Subgrants to Eligible ‘‘(A) tenure reform; ‘‘(B) PROFESSIONAL DEVELOPMENT ACTIVI- Partnerships ‘‘(B) provision of merit pay; and TIES.—Each local educational agency that ‘‘(C) testing of elementary school and sec- ‘‘SEC. 2021. PARTNERSHIP GRANTS. receives a subgrant to carry out this subpart ondary school teachers in the academic sub- ‘‘(a) IN GENERAL.—From the amount de- shall use a portion of the funds made avail- jects taught by such teachers. scribed in section 2012(c)(2)(C), the State able through the subgrant for professional ‘‘(6) Activities that provide teacher oppor- agency for higher education, working in con- development activities that give teachers, tunity payments, consistent with section junction with the State educational agency principals, and administrators the knowl- 2033. (if such agencies are separate), shall award edge and skills to provide students with the subgrants on a competitive basis under sec- opportunity to meet challenging State or ‘‘SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS. tion 2012(c) to eligible partnerships to enable local content standards and student perform- such partnerships to carry out activities de- ance standards. Such activities shall be con- ‘‘(a) LIMITATION RELATING TO CURRICULUM scribed in subsection (b). Such subgrants sistent with section 2032. AND ACADEMIC SUBJECTS.— shall be equitably distributed by geographic ‘‘(b) ALLOWABLE ACTIVITIES.—Each local ‘‘(1) IN GENERAL.—Except as provided in area within the State. educational agency that receives a subgrant paragraph (2), funds made available to carry out this subpart may not be provided for a ‘‘(b) USE OF FUNDS.—An eligible partner- to carry out this subpart may use the funds ship that receives funds under section 2012 made available through the subgrant to teacher and a professional development ac- shall use the funds for— carry out the following activities: tivity if the activity is not— ‘‘(1) professional development activities in ‘‘(1) Recruiting and hiring certified or li- ‘‘(A) directly related to the curriculum and core academic subjects to ensure that teach- censed teachers, including teachers certified academic subjects in which the teacher pro- ers have content knowledge in the academic through State and local alternative routes, vides instruction; or subjects that the teachers teach; and in order to reduce class size, or hiring special ‘‘(B) designed to enhance the ability of the ‘‘(2) developing and providing assistance to education teachers. teacher to understand and use State stand- local educational agencies and the teachers, ‘‘(2) Initiatives to assist in recruitment of ards for the academic subjects in which the principals, and administrators of public and highly qualified teachers who will be as- teacher provides instruction. private schools served by each such agency, signed teaching positions within their fields, ‘‘(2) EXCEPTION.—Paragraph (1) shall not be for sustained, high-quality professional de- including— construed to prohibit the use of the funds for velopment activities that— ‘‘(A) providing signing bonuses or other fi- professional development activities that pro- ‘‘(A) ensure the agencies and individuals nancial incentives, such as differential pay, vide instruction described in subparagraphs are able to use State content standards, per- for teachers to teach in academic subjects in (C) and (D) of section 2031(b)(4). formance standards, and assessments to im- which there exists a shortage of such teach- ‘‘(b) OTHER REQUIREMENTS.—Professional prove instructional practices and improve ers within a school or the area served by the development activities provided under this student achievement; and local educational agency; subpart— ‘‘(B) may include intensive programs de- ‘‘(B) establishing programs that— ‘‘(1) shall be measured, in terms of signed to prepare teachers who will return to ‘‘(i) recruit professionals from other fields progress, using the specific performance in- a school to provide such instruction to other and provide such professionals with alter- dicators established by the State involved in teachers within such school. native routes to teacher certification; and accordance with section 2014(b)(2); ‘‘(ii) provide increased opportunities for ‘‘(2) shall be tied to challenging State or ‘‘(c) SPECIAL RULE.—No single participant in an eligible partnership may use more than minorities, individuals with disabilities, and local content standards and student perform- 50 percent of the funds made available to the other individuals underrepresented in the ance standards; partnership under section 2012. teaching profession; and ‘‘(3) shall be tied to scientifically based re- ‘‘(C) implementing hiring policies that en- search demonstrating the effectiveness of ‘‘(d) COORDINATION.—An eligible partnership that receives a grant to carry out this sure comprehensive recruitment efforts as a the activities in increasing student achieve- subpart and a grant under section 203 of the way to expand the applicant pool of teachers, ment or substantially increasing the knowl- Higher Education Act of 1965 (20 U.S.C. 1023) such as identifying teachers certified edge and teaching skills of the teachers par- shall coordinate the activities carried out through alternative routes, and by imple- ticipating in the activities; under this section and the activities carried menting a system of intensive screening de- ‘‘(4) shall be of sufficient intensity and du- out under that section 203. signed to hire the most qualified applicants. ration to have a positive and lasting impact ‘‘(3) Initiatives to promote retention of on the performance of a teacher in the class- ‘‘(e) ELIGIBLE PARTNERSHIP.—In this section, the term ‘eligible partnership’ means highly qualified teachers and principals, in- room (which shall not include 1-day or short- an entity that— cluding— term workshops and conferences), except ‘‘(1) shall include— ‘‘(A) programs that provide mentoring to that this paragraph shall not apply to an ac- ‘‘(A) a high-need local educational agency; newly hired teachers, such as mentoring tivity if such activity is 1 component de- ‘‘(B) a school of arts and sciences; and from master teachers, and to newly hired scribed in a long-term comprehensive profes- ‘‘(C) an institution that prepares teachers; principals; and sional development plan established by the and ‘‘(B) programs that provide other incen- teacher and the teacher’s supervisor based ‘‘(2) may include other local educational tives, including financial incentives, to re- upon an assessment of the needs of the agencies, a public charter school, a public or tain teachers who have a record of success in teacher, the students of the teacher, and the private elementary school or secondary helping low-achieving students improve local educational agency involved; and school, an educational service agency, a pub- their academic success. ‘‘(5) shall be developed with extensive par- lic or private nonprofit educational organi- ‘‘(4) Programs and activities that are de- ticipation of teachers, principals, and admin- zation, or a business. signed to improve the quality of the teacher istrators of schools to be served under this force, such as— part. ‘‘Subpart 3—Subgrants to Local Educational ‘‘(A) innovative professional development ‘‘(c) ACCOUNTABILITY AND REQUIRED PAY- Agencies programs (which may be through partner- MENTS.— ‘‘SEC. 2031. LOCAL USE OF FUNDS. ships including institutions of higher edu- ‘‘(1) IN GENERAL.—A State shall notify a ‘‘(a) REQUIRED ACTIVITIES.— cation), including programs that train teach- local educational agency that the agency

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10125 may be subject to the requirement of para- ‘‘(2) that is coordinated with other pro- clause (i) to participate as student teachers graph (3) if, after any fiscal year, the State grams carried out under this Act (other than able to fill teaching needs in academic sub- determines that the professional develop- programs carried out under this subpart). jects in which there is a demonstrated short- ment activities funded by the agency under ‘‘(b) LOCAL APPLICATION CONTENTS.—The age of teachers; this subpart fail to meet the requirements of local application described in subsection (a) ‘‘(iii) provide for the recruitment and hir- subsections (a) and (b). shall include, at a minimum, the following: ing of master teachers to mentor and train ‘‘(2) TECHNICAL ASSISTANCE.—A local edu- ‘‘(1) A description of how the local edu- student teachers within such academies; and cational agency that has received notifica- cational agency intends to use funds pro- ‘‘(iv) include a reasonable service require- tion pursuant to paragraph (1) may request vided to carry out this subpart. ment for individuals completing the course technical assistance from the State in order ‘‘(2) An assurance that the local edu- of study and alternative certification activi- to provide the opportunity for such local cational agency will target funds to schools ties established by the eligible consortium. educational agency to comply with the reserved by the local educational agency ‘‘(C) MODEL PROFESSIONAL DEVELOPMENT.— quirements of subsections (a) and (b). that— The model professional development activi- ‘‘(3) REQUIREMENT TO PROVIDE TEACHER OP- ‘‘(A) have the lowest proportions of highly ties specified in this subparagraph are activi- PORTUNITY PAYMENTS.— qualified teachers; or ties providing ongoing professional develop- ‘‘(A) IN GENERAL.—A local educational ‘‘(B) are identified for school improvement ment opportunities for teachers, such as— agency that has received notification from under section 1116(c). ‘‘(i) innovative programs and model cur- the State pursuant to paragraph (1) during ‘‘(3) A description of how the local edu- ricula in the area of professional develop- any 2 consecutive fiscal years shall expend cational agency will coordinate professional ment, which may serve as models to be dis- under section 2033 for the succeeding fiscal development activities authorized under this seminated to other schools and local edu- year a proportion of the funds made avail- subpart with professional development ac- cational agencies; and able to the agency to carry out this subpart tivities provided through other Federal, ‘‘(ii) the development of innovative tech- equal to the proportion of such funds ex- State, and local programs, including those niques for evaluating the effectiveness of pended by the agency for professional devel- authorized under title I, title III, title IV, professional development programs. opment activities for the second fiscal year part A of title VII, and (where applicable) ‘‘(3) GRANT FOR SPECIAL CONSORTIUM.—In in which the agency received the notifica- the Individuals with Disabilities Education making grants under this subsection, the tion. Act (20 U.S.C. 1400 et seq.) and the Carl D. Secretary shall award not less than 1 grant ‘‘(B) REQUESTS.—On request by a group of Perkins Vocational and Technical Education to an eligible consortium that— teachers in schools served by the local edu- Act of 1998 (20 U.S.C. 2301 et seq.). ‘‘(A) includes a high-need local educational cational agency, the agency shall use a por- ‘‘(4) A description of how the local edu- agency located in a rural area; and tion of the funds provided to the agency to cational agency will integrate funds received ‘‘(B) proposes activities that involve the carry out this subpart, to provide payments to carry out this subpart with funds received extensive use of distance learning in order to in accordance with section 2033. under title III that are used for professional provide the applicable course work to student teachers. ‘‘(d) DEFINITION.—In this section, the term development to train teachers in how to use ‘professional development activity’ means an technology to improve learning and teach- ‘‘(4) SPECIAL RULE.—No single participant activity described in subsection (a)(2) or ing. in an eligible consortium may use more than (b)(4) of section 2031. ‘‘(5) A description of how the local edu- 50 percent of the funds made available to the consortium under this subsection. ‘‘SEC. 2033. TEACHER OPPORTUNITY PAYMENTS. cational agency has collaborated with teachers, principals, parents, and administrators ‘‘(5) APPLICATION.—To be eligible to receive ‘‘(a) IN GENERAL.—A local educational a grant under this subsection, an eligible agency receiving funds to carry out this sub- in the preparation of the application. ‘‘(c) PARENTS’ RIGHT-TO-KNOW.—A local consortium shall submit an application to part may (or in the case of section 2032(c)(3), the Secretary at such time, in such manner, shall) provide payments directly to a teacher educational agency that receives funds to carry out this subpart shall provide, upon re- and containing such information as the Sec- or a group of teachers seeking opportunities retary may reasonably require. to participate in a professional development quest and in an understandable and uniform format, to any parent of a student attending ‘‘(6) ELIGIBLE CONSORTIUM.—In this sub- activity of their choice. section, the term ‘eligible consortium’ ‘‘(b) NOTICE TO TEACHERS.—Each local edu- any school receiving funds under this subpart from the agency, information regarding means a consortium for a State that— cational agency distributing payments under ‘‘(A) shall include— the professional qualifications of the stu- this section— ‘‘(i) the State agency responsible for certi- dent’s classroom teachers, including, at a ‘‘(1) shall establish and implement a time- fying or licensing teachers; minimum, whether the teachers are highly ly process through which proper notice of ‘‘(ii) not less than 1 high-need local edu- qualified. availability of the payments will be given to cational agency; all teachers in schools served by the agency; ‘‘Subpart 4—National Activities ‘‘(iii) a school of arts and sciences; and and ‘‘SEC. 2041. ALTERNATIVE ROUTES TO TEACHING. ‘‘(iv) an institution that prepares teachers; ‘‘(2) shall develop a process through which ‘‘(a) TEACHER EXCELLENCE ACADEMIES.— and teachers will be specifically recommended by ‘‘(1) IN GENERAL.—The Secretary may ‘‘(B) may include local educational agen- principals to participate in such opportuni- award grants on a competitive basis to eligi- cies, public charter schools, public or private ties by virtue of— ble consortia to carry out activities de- elementary schools or secondary schools, ‘‘(A) the teachers’ lack of full certification scribed in this subsection. educational service agencies, public or pri- or licensing to teach the academic subjects ‘‘(2) USE OF FUNDS.— vate nonprofit educational organizations, in which the teachers teach; or ‘‘(A) IN GENERAL.—An eligible consortium museums, or businesses. ‘‘(B) the teachers’ need for additional as- receiving funds under this subsection shall ‘‘(b) TROOPS-TO-TEACHERS PROGRAM.— sistance to ensure that their students make use the funds to pay the costs associated ‘‘(1) PURPOSE.—The purpose of this sub- progress toward meeting challenging State with the establishment or expansion of a section is to authorize a mechanism for the content standards and student performance teacher academy, in an elementary school or funding and administration after September standards. secondary school facility, that carries out— 30, 2000, of the Troops-to-Teachers Program ‘‘(c) SELECTION OF TEACHERS.—In the event ‘‘(i) the activities promoting alternative established by the Troops-to-Teachers Pro- adequate funding is not available to provide routes to State teacher certification speci- gram Act of 1999 (subtitle I of title V of the payments under this section to all teachers fied in subparagraph (B); or National Defense Authorization Act for Fis- seeking such payments, or recommended ‘‘(ii) the model professional development cal Year 2000). under subsection (b)(2), a local educational activities specified in subparagraph (C). ‘‘(2) TRANSFER OF FUNDS FOR ADMINISTRA- agency shall establish procedures for select- ‘‘(B) PROMOTING ALTERNATIVE ROUTES TO TION OF PROGRAM.—Subject to paragraph (3), ing teachers for the payments, which shall TEACHER CERTIFICATION.—The activities pro- to the extent that funds are made available provide priority for those teachers rec- moting alternative routes to State teacher under this Act for the Troops-to-Teachers ommended under subsection (b)(2). certification specified in this subparagraph Program, the Secretary of Education shall ‘‘(d) ELIGIBLE ACTIVITY.—A teacher receiv- are the design and implementation of a transfer the funds to the Defense Activity ing a payment under this section shall have course of study and activities providing an for Non-Traditional Education Support of the choice of attending any professional de- alternative route to State teacher certifi- the Department of Defense. The Defense Ac- velopment activity that meets the criteria cation that— tivity shall use the funds to perform the ac- set forth in subsections (a) and (b) of section ‘‘(i) provide opportunities to highly quali- tual administration of the Troops-to-Teach- 2032. fied individuals with a baccalaureate degree, ers Program, including the selection of par- ‘‘SEC. 2034. LOCAL APPLICATIONS. including mid-career professionals from ticipants in the Program under section 594 of ‘‘(a) IN GENERAL.—A local educational other occupations, paraprofessionals, former the Troops-to-Teachers Program Act of 1999. agency seeking to receive a subgrant from a military personnel, and recent college or The Secretary of Education may retain a State to carry out this subpart shall submit university graduates with records of aca- portion of the funds to identify local edu- an application to the State— demic distinction; cational agencies with teacher shortages and ‘‘(1) at such time as the State shall re- ‘‘(ii) provide stipends, for not more than 2 States with alternative certification require- quire; and years, to permit individuals described in ments, as required by section 592 of such Act.

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‘‘(3) DEFENSE AND COAST GUARD CONTRIBU- vised annually in accordance with section ‘‘SEC. 2403. HOME SCHOOLS. TION.—The Secretary of Education may not 673(2) of the Community Services Block ‘‘Nothing in this title shall be construed to transfer funds under paragraph (2) unless the Grant Act (42 U.S.C. 9902(2))) applicable to a permit, allow, encourage, or authorize any Secretary of Defense, and the Secretary of family of the size involved. Federal control over any aspect of any pri- Transportation with respect to the Coast ‘‘(6) SCIENTIFICALLY BASED RESEARCH.—The vate, religious, or home school, whether a Guard, agree to pay for not less than 25 per- term ‘scientifically based research’— home school is treated as a private school or cent of the costs associated with the activi- ‘‘(A) means the application of rigorous, home school under the law of the State in- ties conducted under the Troops-to-Teachers systematic, and objective procedures to ob- volved, except that the Secretary may re- Program. The contributions may be in cash tain valid knowledge relevant to professional quire that funds provided to a school under or in kind, fairly evaluated, including plant, development of teachers; and this title be used for the purposes described equipment, and services, and may be from ‘‘(B) includes research that— in this title. This section shall not be con- private contributions made for purposes of ‘‘(i) employs systematic, empirical meth- strued to bar private, religious, or home the Program. ods that draw on observation or experiment; schools from participating in or receiving ‘‘SEC. 2042. EISENHOWER NATIONAL CLEARING- ‘‘(ii) involves rigorous data analyses that programs or services under this title.’’. HOUSE FOR MATHEMATICS AND are adequate to test the stated hypotheses (b) CONFORMING AMENDMENTS.— SCIENCE EDUCATION. and justify the general conclusions drawn; (1) COORDINATION.—Section 1202(c)(2)(C) of ‘‘The Secretary may award a grant or con- ‘‘(iii) relies on measurements or observa- the Elementary and Secondary Education tract, in consultation with the Director of tional methods that provide valid data Act of 1965 (20 U.S.C. 6362(c)(2)(C)) is amend- the National Science Foundation, to an enti- across evaluators and observers and across ed, in the subparagraph heading, by striking ty to continue the Eisenhower National multiple measurements and observations; ‘‘PART C’’ and inserting ‘‘PART B’’. Clearinghouse for Mathematics and Science and (2) DEFINITION OF COVERED PROGRAM.—Sec- Education. ‘‘(iv) has been accepted by a peer-reviewed tion 14101(10)(C) of the Elementary and Sec- ‘‘Subpart 5—Funding journal or approved by a panel of inde- ondary Education Act of 1965 (20 U.S.C. ‘‘SEC. 2051. AUTHORIZATION OF APPROPRIA- pendent experts through a comparably rig- 8801(10)(C)) is amended by striking ‘‘(other TIONS. orous, objective, and scientific review.’’. than section 2103 and part D)’’. ‘‘(a) FISCAL YEAR 2000.—There are author- (b) CONFORMING AMENDMENT.—Section (3) PRIVATE SCHOOL PARTICIPATION.—Sec- ized to be appropriated to carry out this part 13302(1) of the Elementary and Secondary tion 14503(b)(1)(B) (20 U.S.C. 8893(b)(1)(B)) of $2,060,000,000 for fiscal year 2000, of which Education Act of 1965 (20 U.S.C. 8672(1)) is such Act is amended by striking ‘‘(other $15,000,000 shall be available to carry out sub- amended by striking ‘‘2102(b)’’ and inserting than section 2103 and part D of such title)’’.∑ part 4. ‘‘2042’’. ∑ Mr. MACK. Mr. President, I rise ‘‘(b) OTHER FISCAL YEARS.—There are au- SEC. 3. AMENDMENTS RELATING TO READING EX- today to speak on behalf of the Teacher thorized to be appropriated to carry out this CELLENCE ACT. Empowerment Act, which is legislation part such sums as may be necessary for fis- (a) REPEAL OF PART B.—Part B of title II of cal years 2001 through 2004. the Elementary and Secondary Education introduced by my friend and colleague Senator GREGG. I am proud to be an ‘‘Subpart 6—General Provisions Act of 1965 (20 U.S.C. 6641 et seq.) is repealed. (b) READING EXCELLENCE ACT.— original cosponsor of this legislation, ‘‘SEC. 2061. DEFINITIONS. ‘‘In this part: (1) PART HEADING.—Part C of title II of which responds to several critical such Act is redesignated as part B and the ‘‘(1) ARTS AND SCIENCES.—The term ‘arts needs facing American education. In and sciences’ has the meaning given the heading for such part B is amended to read particular, it addresses teacher quality term in section 201(b) of the Higher Edu- as follows: and quantity. It addresses local control cation Act of 1965 (20 U.S.C. 1021(b)). ‘‘PART B—READING EXCELLENCE ACT’’. of educating our children. It requires ‘‘(2) HIGHLY QUALIFIED.—The term ‘highly (2) AUTHORIZATION OF APPROPRIATIONS.— accountability to parents and students. qualified’ means— Section 2260(a) of the Elementary and Sec- In short, it is a plan to ensure that ‘‘(A) with respect to an elementary school ondary Education Act of 1965 (20 U.S.C. every child in America is prepared for teacher, a teacher— 6661i(a)) is amended by adding at the end the ‘‘(i) with an academic major in the arts following: global competition in the 21st Century. and sciences; or ‘‘(3) FISCAL YEARS 2001 THROUGH 2004.—There The Teacher Empowerment Act rec- ‘‘(ii) who can demonstrate competence are authorized to be appropriated to carry ognizes the expertise of our state and through a high level of performance in core out this part $260,000,000 for fiscal year 2001 local governments in educating our academic subjects; and and such sums as may be necessary for fiscal children. American parents trust their ‘‘(B) with respect to a secondary school years 2002 through 2004.’’. teachers and principals to make appro- teacher, a teacher— (3) SHORT TITLE.—Part B of title II of the priate educational decisions for their ‘‘(i) with an academic major in the aca- Elementary and Secondary Education Act of children. In reality, Washington bu- demic subject in which the teacher teaches 1965 (20 U.S.C. 6661) is amended by adding at reaucrats have called the shots for far or in a related field; the end the following: too long. The results indicate that in ‘‘(ii) who can demonstrate a high level of ‘‘SEC. 2261. SHORT TITLE. competence through rigorous academic sub- ‘‘This part may be cited as the ‘Reading lieu of achievement, we now have ject tests; or Excellence Act’.’’. reams of paperwork and a myriad of ‘‘(iii) who can demonstrate competence SEC. 4. GENERAL PROVISIONS. programs to address local problems at through a high level of performance in rel- (a) IN GENERAL.—Title II of the Elemen- the national level. We can and must do evant content areas. tary and Secondary Education Act of 1965 (20 better. ‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGEN- U.S.C. 6601 et seq.) is amended— The Teacher Empowerment Act puts CY.—The term ‘high-need local educational (1) by repealing part D; decision making authority back into agency’ means a local educational agency (2) by redesignating part E as part C; and that serves an elementary school or sec- the hands of local schools. It encour- (3) by repealing sections 2401 and 2402 and ages states to implement innovative ondary school located in an area in which inserting the following: teacher reforms and high quality pro- there is— ‘‘SEC. 2401. PROHIBITION ON MANDATORY NA- ‘‘(A) a high percentage of individuals from TIONAL CERTIFICATION OR LICENS- fessional development programs to in- families with incomes below the poverty ING OF TEACHERS. crease teacher knowledge and student line; ‘‘(a) PROHIBITION ON MANDATORY TESTING, achievement. Local schools would be ‘‘(B) a high percentage of secondary school CERTIFICATION, OR LICENSING.—Notwith- encouraged to fund innovative pro- teachers not teaching in the academic sub- standing any other provision of law, the Sec- grams such as teacher testing—a con- ject in which the teachers were trained to retary may not use Federal funds to plan, de- cept which I have strongly supported teach; or velop, implement, or administer any manda- ‘‘(C) a high teacher turnover rate. tory national teacher test or method of cer- and which this body supported last ‘‘(4) OUT-OF-FIELD TEACHER.—The term tification or licensing. year in a bipartisan vote—as well as ‘out-of-field teacher’ means a teacher— ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.— tenure reform, merit-based pay, alter- ‘‘(A) teaching an academic subject for The Secretary may not withhold funds from native routes to teacher certification, which the teacher is not highly qualified, as any State or local educational agency if such differential and bonus pay for teachers determined by the State involved; or State or local educational agency fails to in high need subject areas, teacher ‘‘(B) who did not receive a degree from an adopt a specific method of teacher certifi- mentoring, and in-service teacher institution of higher education with a major cation or licensing. academies. or minor in the field in which the teacher ‘‘SEC. 2402. PROVISIONS RELATED TO PRIVATE teaches. SCHOOLS. Our children are counting on us to ‘‘(5) POVERTY LINE.—The term ‘poverty ‘‘The provisions of sections 14503 through ensure that they receive an education line’ means the poverty line (as defined by 14506 apply to programs carried out under second to none. That starts with excep- the Office of Management and Budget and re- this title. tional teachers and schools that are

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10127 able to address the individual needs of S. 631 COLLINS) was added as a cosponsor of S. its students. This bill returns to local At the request of Mr. DEWINE, the 1214, a bill to ensure the liberties of the schools the ability and authority to ac- name of the Senator from Virginia (Mr. people by promoting federalism, to pro- complish these goals. I urge my col- ROBB) was added as a cosponsor of S. tect the reserved powers of the States, leagues to support this bill.∑ 631, a bill to amend the Social Security to impose accountability for Federal f Act to eliminate the time limitation preemption of State and local laws, and on benefits for immunosuppressive for other purposes. ADDITIONAL COSPONSORS drugs under the medicare program, to S. 1232 S. 37 provide continued entitlement for such At the request of Mr. COCHRAN, the At the request of Mr. GRASSLEY, the drugs for certain individuals after name of the Senator from Virginia (Mr. name of the Senator from Virginia (Mr. medicare benefits end, and to extend ROBB) was added as a cosponsor of S. ROBB) was added as a cosponsor of S. certain medicare secondary payer re- 1232, a bill to provide for the correction 37, a bill to amend title XVIII of the quirements. of retirement coverage errors under Social Security Act to repeal the re- S. 659 chapters 83 and 84 of title 5, United striction on payment for certain hos- At the request of Mr. MOYNIHAN, the States Code. pital discharges to post-acute care im- name of the Senator from Massachu- S. 1296 ENNEDY posed by section 4407 of the Balanced setts (Mr. K ) was added as a co- At the request of Mr. HELMS, his Budget Act of 1997. sponsor of S. 659, a bill to amend the name was withdrawn as a cosponsor of Internal Revenue Code of 1986 to re- S. 218 S. 1296, a bill to designate portions of quire pension plans to provide adequate At the request of Mr. MOYNIHAN, the the lower Delaware River and associ- notice to individuals whose future ben- name of the Senator from Texas (Mr. ated tributaries as a component of the efit accruals are being significantly re- GRAMM) was added as a cosponsor of S. National Wild and Scenic Rivers Sys- duced, and for other purposes. 218, a bill to amend the Harmonized tem. S. 666 Tariff Schedule of the United States to S. 1312 At the request of Mr. LUGAR, the provide for equitable duty treatment At the request of Mr. HOLLINGS, the name of the Senator from California for certain wool used in making suits. name of the Senator from Hawaii (Mr. (Mrs. FEINSTEIN) was added as a co- S. 329 INOUYE) was added as a cosponsor of S. sponsor of S. 666, a bill to authorize a 1312, a bill to ensure full and expedi- At the request of Mr. ROBB, the name new trade and investment policy for tious enforcement of the provisions of of the Senator from Massachusetts sub-Saharan Africa. (Mr. KERRY) was added as a cosponsor the Communications Act of 1934 that S. 693 of S. 329, a bill to amend title 38, seek to bring about competition in At the request of Mr. HELMS, the United States Code, to extend eligi- local telecommunications markets, name of the Senator from Washington bility for hospital care and medical and for other purposes. (Mr. GORTON) was added as a cosponsor services under chapter 17 of that title S. 1317 of S. 693, a bill to assist in the enhance- to veterans who have been awarded the ment of the security of Taiwan, and for At the request of Mr. AKAKA, the Purple Heart, and for other purposes. other purposes. name of the Senator from Florida (Mr. S. 459 GRAHAM) was added as a cosponsor of S. S. 796 1317, a bill to reauthorize the Welfare- At the request of Mr. BREAUX, the At the request of Mr. WELLSTONE, the To-Work program to provide additional name of the Senator from Ohio (Mr. names of the Senator from Connecticut resources and flexibility to improve DEWINE) was added as a cosponsor of S. (Mr. DODD) and the Senator from South the administration of the program. 459, a bill to amend the Internal Rev- Dakota (Mr. JOHNSON) were added as enue Code of 1986 to increase the State cosponsors of S. 796, a bill to provide S. 1334 ceiling on private activity bonds. for full parity with respect to health At the request of Mr. AKAKA, the S. 484 insurance coverage for certain severe name of the Senator from Pennsyl- At the request of Mr. CAMPBELL, the biologically-based mental illnesses and vania (Mr. SANTORUM) was added as a names of the Senator from North Da- to prohibit limits on the number of cosponsor of S. 1334, a bill to amend kota (Mr. CONRAD), and the Senator mental illness-related hospital days chapter 63 of title 5, United States from Washington (Mr. GORTON) were and outpatient visits that are covered Code, to increase the amount of leave added as cosponsors of S. 484, a bill to for all mental illnesses. time available to a Federal employee provide for the granting of refugee sta- S. 1022 in any year in connection with serving tus in the United States to nationals of At the request of Mr. DORGAN, the as an organ donor, and for other pur- certain foreign countries in which name of the Senator from Louisiana poses. American Vietnam War POW/MIAs or (Ms. LANDRIEU) was added as a cospon- S. 1438 American Korean War POW/MIAs may sor of S. 1022, a bill to authorize the ap- At the request of Mr. CAMPBELL, the be present, if those nationals assist in propriation of an additional names of the Senator from North Da- the return to the United States of $1,700,000,000 for fiscal year 2000 for kota (Mr. CONRAD) and the Senator those POW/MIAs alive. health care for veterans. from South Carolina (Mr. THURMOND) S. 556 S. 1144 were added as cosponsors of S. 1438, a At the request of Mr. BAUCUS, the At the request of Mr. VOINOVICH, the bill to establish the National Law En- name of the Senator from Utah (Mr. name of the Senator from Colorado forcement Museum on Federal land in HATCH) was added as a cosponsor of S. (Mr. ALLARD) was added as a cosponsor the District of Columbia. 556, a bill to amend title 39, United of S. 1144, a bill to provide increased S. 1440 States Code, to establish guidelines for flexibility in use of highway funding, At the request of Mr. GRAMM, the the relocation, closing, consolidation, and for other purposes. name of the Senator from Missouri or construction of post offices, and for S. 1187 (Mr. ASHCROFT) was added as a cospon- other purposes. At the request of Mr. DORGAN, the sor of S. 1440, a bill to promote eco- S. 620 name of the Senator from Oregon (Mr. nomic growth and opportunity by in- At the request of Mr. SARBANES, the WYDEN) was added as a cosponsor of S. creasing the level of visas available for names of the Senator from Massachu- 1187, a bill to require the Secretary of highly specialized scientists and engi- setts (Mr. KERRY), the Senator from the Treasury to mint coins in com- neers and by eliminating the earnings New Mexico (Mr. BINGAMAN), and the memoration of the bicentennial of the penalty on senior citizens who con- Senator from Nebraska (Mr. KERREY) Lewis and Clark Expedition, and for tinue to work after reaching retire- were added as cosponsors of S. 620, a other purposes. ment age. bill to grant a Federal charter to Ko- S. 1214 S. 1464 rean War Veterans Association, Incor- At the request of Mr. THOMPSON, the At the request of Mr. HAGEL, the porated, and for other purposes. name of the Senator from Maine (Ms. name of the Senator from Colorado

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10128 CONGRESSIONAL RECORD — SENATE August 3, 1999 (Mr. ALLARD) was added as a cosponsor to the bill (S. 1233) making appropria- hospitals, inpatient and outpatient hospital of S. 1464, a bill to amend the Federal tions for Agriculture, Rural Develop- services, and health care services in rural Food, Drug, and Cosmetic Act to estab- ment, Food and Drug Administration, areas. lish certain requirements regarding the and Related Agencies programs for the f Food Quality Protection Act of 1996, fiscal year ending September 30, 2000, DEPARTMENT OF THE INTERIOR and for other purposes. and for other purposes; as follows: AND RELATED AGENCIES APPRO- SENATE RESOLUTION 95 On page 68, line 5, before the period insert PRIATIONS ACT, 2000 At the request of Mr. THURMOND, the the following: ‘‘, or the Food and Drug Ad- names of the Senator from Delaware ministration Detroit, Michigan District Of- fice Laboratory; or to reduce the Detroit (Mr. ROTH) and the Senator from North CRAPO (AND OTHERS) Michigan Food and Drug Administration Dakota (Mr. DORGAN) were added as co- District Office below the operating and AMENDMENT NO. 1505 sponsors of Senate Resolution 95, a res- fulltime equivalent staffing level of July 31, (Ordered to lie on the table.) olution designating August 16, 1999, as 1999; or to change the Detroit District Office Mr. CRAPO (for himself, Mr. BURNS, ‘‘National Airborne Day.’’ to a station, residence post or similarly Mr. BAUCUS, and Mr. CRAIG) submitted AMENDMENT NO. 1062 modified office; or to reassign residence an amendment intended to be proposed posts assigned to the Detroit District Of- At the request of Mr. JOHNSON the fice.’’ by them to the bill (H.R. 2466) making name of the Senator from Montana appropriations for the Department of (Mr. BAUCUS) was added as a cosponsor the Interior and related agencies for of amendment No. 1062 intended to be ROBERTS AMENDMENTS NOS. 1503– the fiscal year ending September 30, proposed to S. 1233, an original bill 1504 2000, and for other purposes; as follows: making appropriations for Agriculture, (Ordered to lie on the table.) On page 10, line 16, after ‘‘herein,’’ insert Rural Development, Food and Drug Ad- Mr. ROBERTS submitted two amend- ‘‘of which $500,000 of the amount available ministration, and Related Agencies ments intended to be proposed by him for consultation shall be available for devel- programs for the fiscal year ending to the bill, S. 1233, supra; as follows: opment of a voluntary-enrollment habitat conservation plan for cold water fish in co- September 30, 2000, and for other pur- AMENDMENT NO. 1503 poses. operation with the States of Idaho and Mon- On page 76, between lines 6 and 7, insert tana (of which $250,000 shall be made avail- AMENDMENT NO. 1489 the following: able to each of the States of Idaho and Mon- At the request of Mr. ENZI the names SEC. 7ll. PROHIBITED ACTIVITIES ON CRP tana), and’’. of the Senator from South Dakota (Mr. ACREAGE.—None of the funds made available by this Act shall be used to implement No- f DASCHLE) and the Senator from Wyo- tice CRP–327, issued by the Farm Service AGRICULTURE, RURAL DEVELOP- ming (Mr. THOMAS) were added as co- Agency on October 26, 1998. MENT, FOOD AND DRUG ADMINIS- sponsors of amendment No. 1489 in- TRATION AND RELATED AGEN- tended to be proposed to H.R. 2466, a AMENDMENT NO. 1504 CIES APPROPRIATIONS ACT, 2000 bill making appropriations for the De- On page 76, between lines 6 and 7, insert partment of the Interior and related the following: agencies for the fiscal year ending Sep- SEC. 7ll. SENSE OF THE SENATE REGARD- HARKIN (AND OTHERS) tember 30, 2000, and for other purposes. ING ACCESS TO ITEMS AND SERVICES UNDER AMENDMENT NO. 1506 THE MEDICARE PROGRAM. AMENDMENT NO. 1495 (a) FINDINGS.—The Senate finds the fol- Mr. HARKIN (for himself, Mr. At the request of Mr. BAUCUS the lowing: DASCHLE, Mr. DORGAN, Mr. KERREY, Mr. name of the Senator from Illinois (Mr. (1) Total hospital operating margins with JOHNSON, Mr. CONRAD, Mr. BAUCUS, Mr. FITZGERALD) was added as a cosponsor respect to items and services provided to DURBIN, Mr. WELLSTONE, Mrs. LINCOLN, of amendment No. 1495 intended to be medicare beneficiaries are expected to de- and Mr. SARBANES) proposed an amend- proposed to S. 1233, an original bill cline from 4.3 percent in fiscal year 1997 to ment to amendment No. 1499 proposed making appropriations for Agriculture, negative 4.4 percent in fiscal year 2002. (2) Total operating margins for small rural by Mr. DASCHLE to the bill, S. 1233, Rural Development, Food and Drug Ad- supra; as follows: ministration, and Related Agencies hospitals are expected to decline from 4.2 percent in fiscal year 1998 to negative 7.1 per- Beginning on page 1, line 3, strike all that programs for the fiscal year ending cent in fiscal year 2002. follows ‘‘SEC.’’ to the end of the amendment September 30, 2000, and for other pur- (3) The Congressional Budget Office re- and insert the following: poses. cently has estimated that the amount of sav- ll. EMERGENCY AND INCOME LOSS ASSIST- AMENDMENT NO. 1499 ings to the medicare program in fiscal years ANCE.—(a) ADDITIONAL CROP LOSS ASSIST- At the request of Mr. DASCHLE the 1998 through 2002 by reason of the amend- ANCE.— names of the Senator from West Vir- ments to that program contained in the Bal- (1) IN GENERAL.—Except as provided in anced Budget Act of 1997 is $206,000,000,000, paragraph (2), in addition to amounts that ginia (Mr. ROCKEFELLER) and the Sen- exactly double the level of cuts expected have been made available to carry out sec- ator from New Mexico (Mr. BINGAMAN) when the bill was enacted. tion 1102 of the Agriculture, Rural Develop- were added as cosponsors of amend- (4) Health care providers are beginning to ment, Food and Drug Administration, and ment No. 1499 proposed to S. 1233, an provide fewer health care services to medi- Related Agencies Appropriations Act, 1999 (7 original bill making appropriations for care beneficiaries in both urban and rural U.S.C. 1421 note; Public Law 105–277) under Agriculture, Rural Development, Food areas as a result of the implementation of other law, the Secretary of Agriculture (re- and Drug Administration, and Related the Balanced Budget Act of 1997. ferred to in this section as the ‘Secretary’) Agencies programs for the fiscal year (5) The concurrent resolution on the budg- shall use not more than $756,000,000 of funds et for fiscal year 2000 recognized that Con- of the Commodity Credit Corporation to pro- ending September 30, 2000, and for gress has the responsibility to review pay- vide crop loss assistance in accordance with other purposes. ment levels under the medicare program to that section in a manner that, to the max- f ensure that medicare beneficiaries have ac- imum extent practicable— cess to high-quality health care services. (A) fully compensates agricultural pro- AMENDMENTS SUBMITTED (b) SENSE OF THE SENATE.—It is the sense ducers for crop losses in accordance with of the Senate that Congress should— that section (including regulations promul- (1) reject further reductions in the medi- gated to carry out that section); and AGRICULTURE, RURAL DEVELOP- care program under title XVIII of the Social (B) provides equitable treatment under MENT, FOOD AND DRUG ADMIN- Security Act; that section for agricultural producers de- ISTRATION AND RELATED AGEN- (2) reject extensions of the provisions of scribed in subsections (b) and (c) of that sec- CIES APPROPRIATIONS ACT, 2000 the Balanced Budget Act of 1997; and tion. (3) target new resources for the medicare (2) CROP INSURANCE.—Of the total amount program that— made available under paragraph (1), the Sec- ABRAHAM AMENDMENT NO. 1502 (A) address the unintended consequences of retary shall use not less than $400,000,000 to the Balanced Budget Act of 1997; and assist agricultural producers in purchasing (Ordered to lie on the table.) (B) ensure the access of medicare bene- additional coverage for the 2000 crop year Mr. ABRAHAM submitted an amend- ficiaries to high-quality skilled nursing serv- under the Federal Crop Insurance Act (7 ment intended to be proposed by him ices, home health care services, teaching U.S.C. 1501 et seq.).

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(3) COMPENSATION FOR DENIAL OF CROP LOSS (c) FUNDS FOR STRENGTHENING MARKETS, ‘‘(I) except as provided in subclause (II), ASSISTANCE BASED ON TAXPAYER IDENTIFICA- INCOME, AND SUPPLY (SECTION 32).— agricultural commodities owned by the Com- TION NUMBERS.—The Secretary shall use not (1) IN GENERAL.—For an additional amount modity Credit Corporation in such manner, more than $70,000,000 of funds of the Com- for the fund maintained for funds made and at such price levels, as the Secretary de- modity Credit Corporation to make pay- available under section 32 of the Act of Au- termines will best effectuate the purposes of ments to producers on a farm that were de- gust 24, 1935 (7 U.S.C. 612c), there is appro- cotton user marketing certificates; or nied crop loss assistance under section 1102 priated, out of any money in the Treasury ‘‘(II) in the case of each of the 1999–2000, of the Agriculture, Rural Development, Food not otherwise appropriated, $500,000,000. 2000–2001, and 2001–2002 marketing years for and Drug Administration, and Related Agen- (2) SET-ASIDE FOR CERTAIN LIVESTOCK PRO- upland cotton, agricultural commodities cies Appropriations Act, 1999 (7 U.S.C. 1421 DUCERS.—Of the funds made available by owned by the Commodity Credit Corporation note; Public Law 105–277), as the result of a paragraph (1), the Secretary shall use not or pledged to the Commodity Credit Corpora- change in the taxpayer identification num- more than $200,000,000 to provide assistance tion as collateral for a loan in such manner, bers of the producers if the Secretary deter- to livestock producers— and at such price levels, as the Secretary de- mines that the change was not made to cre- (A) the operations of which are located in termines will best effectuate the purposes of ate an advantage for the producers in the counties with respect to which during 1999 a cotton user marketing certificates, including crop insurance program through lower pre- natural disaster was declared for losses due miums or higher actual production histories. enhancing the competitiveness and market- to excessive heat or drought by the Sec- ability of United States cotton. (b) INCOME LOSS ASSISTANCE.— retary, or a major disaster or emergency was (1) IN GENERAL.—The Secretary shall use ‘‘(ii) PRICE RESTRICTIONS.—Any price re- declared for losses due to excessive heat or strictions that would otherwise apply to the not more than $6,373,000,000 of funds of the drought by the President under the Robert Commodity Credit Corporation to provide disposition of agricultural commodities by T. Stafford Disaster Relief and Emergency the Commodity Credit Corporation shall not (on an equitable basis among producers, as Assistance Act (42 U.S.C. 5121 et seq.); and apply to the redemption of certificates under determined by the Secretary) supplemental (B) that experienced livestock losses as a this subparagraph.’’; and loan deficiency payments to producers on a result of the declared disaster or emergency. farm that are eligible for marketing assist- (D) in paragraph (4), by inserting before (3) WAIVER OF COMMODITY LIMITATION.—In the period at the end the following: ‘‘, except ance loans for the 1999 crop of a commodity providing assistance under this subsection, that this paragraph shall not apply to each under section 131 of the Agricultural Market the Secretary may waive the limitation es- of fiscal years 2000, 2001, and 2002’’. Transition Act (7 U.S.C. 7231). tablished under the second sentence of the AYMENT LIMITATION.—The total (2) ENSURING THE AVAILABILITY OF UPLAND (2) P second paragraph of section 32 of the Act of amount of the payments that a person may COTTON.—Section 136(b) of the Agricultural August 24, 1935 (7 U.S.C. 612c), on the amount receive under paragraph (1) during any crop Market Transition Act (7 U.S.C. 7236(b)) is of funds that may be devoted to any 1 agri- year may not exceed $40,000. amended— cultural commodity or product. (3) PRODUCERS WITHOUT PRODUCTION.—The (A) in paragraph (1), by striking ‘‘The’’ and (d) EMERGENCY LIVESTOCK ASSISTANCE.— payments made available under this sub- inserting ‘‘Except as provided in paragraph For an additional amount to provide emer- section shall be provided (on an equitable (7), the’’; and gency livestock assistance, there is appro- basis among producers, according to actual (B) by adding at the end the following: priated, out of any money in the Treasury production history, as determined by the ‘‘(7) 1999–2000, 2000–2001, AND 2001–2002 MAR- not otherwise appropriated, $200,000,000. Secretary) to producers with failed acreage, KETING YEARS.— (e) COMMODITY PURCHASES AND HUMANI- or acreage on which planting was prevented, ‘‘(A) IN GENERAL.—In the case of each of TARIAN DONATIONS.— due to circumstances beyond the control of the 1999–2000, 2000–2001, and 2001–2002 mar- (1) IN GENERAL.—Notwithstanding any the producers. keting years for upland cotton, the President other provision of law, the Secretary shall (4) TIME FOR PAYMENT.—The assistance shall carry out an import quota program as use not less than $978,000,000 of additional made available under this subsection for an provided in this paragraph. funds of the Commodity Credit Corporation eligible owner or producer shall be provided ‘‘(B) PROGRAM REQUIREMENTS.—Except as for the purchase and distribution of agricul- as soon as practicable after the date of en- provided in subparagraph (C), whenever the tural commodities, under applicable food aid actment of this Act by providing advance Secretary determines and announces that for payments that are based on expected produc- authorities, including— (A) section 416(b) of the Agricultural Act of any consecutive 4-week period, the Friday tion and by taking such measures as are de- through Thursday average price quotation termined appropriate by the Secretary. 1949 (7 U.S.C. 1431(b)); for the lowest-priced United States growth, (5) DAIRY PRODUCERS.— (B) the Food for Progress Act of 1985 (7 as quoted for Middling (M) 13⁄32-inch cotton, (A) IN GENERAL.—Of the total amount made U.S.C. 1736o); and delivered C.I.F. Northern Europe, adjusted available under paragraph (1), $400,000,000 (C) the Agricultural Trade Development for the value of any certificate issued under shall be available to provide assistance to and Assistance Act of 1954 (7 U.S.C. 1691 et dairy producers in a manner determined by seq.). subsection (a), exceeds the Northern Europe price by more than 1.25 cents per pound, the Secretary. (2) LEAST DEVELOPED COUNTRIES.—Not less there shall immediately be in effect a special (B) FEDERAL MILK MARKETING ORDERS.— than 40 percent of the commodities distrib- Payments made under this subsection shall uted pursuant to this subsection shall be import quota. not affect any decision with respect to rule- made available to least developed countries, ‘‘(C) TIGHT DOMESTIC SUPPLY.—During any making activities under section 143 of the as determined by the Secretary. month for which the Secretary estimates the Agricultural Market Transition Act (7 U.S.C. (3) LOCAL CURRENCIES.—To the maximum season-ending United States upland cotton 7253). extent practicable, local currencies gen- stocks-to-use ratio, as determined under sub- (6) PEANUTS.— erated from the sale of commodities under paragraph (D), to be below 16 percent, the (A) IN GENERAL.—Of the total amount made this subsection shall be used for development Secretary, in making the determination available under paragraph (1), the Secretary purposes that foster United States agricul- under subparagraph (B), shall not adjust the shall use not to exceed $45,000,000 to provide tural exports. Friday through Thursday average price payments to producers of quota peanuts or (f) UPLAND COTTON PRICE COMPETITIVE- quotation for the lowest-priced United additional peanuts to partially compensate NESS.— States growth, as quoted for Middling (M) 3 the producers for the loss of markets for the (1) IN GENERAL.—Section 136(a) of the Agri- 1 ⁄32-inch cotton, delivered C.I.F. Northern 1998 crop of peanuts. cultural Market Transition Act (7 U.S.C. Europe, for the value of any certificates (B) AMOUNT.—The amount of a payment 7236(a)) is amended— issued under subsection (a). made to producers on a farm of quota pea- (A) in paragraph (1), by inserting ‘‘(in the ‘‘(D) SEASON-ENDING UNITED STATES STOCKS- nuts or additional peanuts under subpara- case of each of the 1999–2000, 2000–2001, and TO-USE RATIO.—For the purposes of making graph (A) shall be equal to the product ob- 2001–2002 marketing years for upland cotton, estimates under subparagraph (C), the Sec- tained by multiplying— at the option of the recipient)’’ after ‘‘or retary shall, on a monthly basis, estimate (i) the quantity of quota peanuts or addi- cash payments’’; and report the season-ending United States tional peanuts produced or considered pro- (B) by inserting ‘‘(or, in the case of each of upland cotton stocks-to-use ratio, excluding duced by the producers under section 155 of the 1999–2000, 2000–2001, and 2001–2002 mar- projected raw cotton imports but including the Agricultural Market Transition Act (7 keting years for upland cotton, 1.25 cents per the quantity of raw cotton that has been im- U.S.C. 7271); by pound)’’ after ‘‘3 cents per pound’’ each place ported into the United States during the (ii) an amount equal to 5 percent of the it appears; marketing year. loan rate established for quota peanuts or (C) in paragraph (3), by striking subpara- ‘‘(E) LIMITATION.—The quantity of cotton additional peanuts, respectively, under sec- graph (A) and inserting the following: entered into the United States during any tion 155 of that Act. ‘‘(A) REDEMPTION, MARKETING, OR EX- marketing year described in subparagraph (7) TOBACCO GROWER ASSISTANCE.—The Sec- CHANGE.— (A) under the special import quota estab- retary shall provide $328,000,000 to be distrib- ‘‘(i) IN GENERAL.—The Secretary shall es- lished under this paragraph may not exceed uted to tobacco growers according to the for- tablish procedures for redeeming marketing the equivalent of 5 weeks’ consumption of mulas established pursuant to the National certificates for cash or marketing or ex- upland cotton by domestic mills at the sea- Tobacco Grower Settlement Trust. change of the certificates for— sonally adjusted average rate of the 3

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months immediately preceding the first spe- culture, Rural Development, Food and Drug (1) DEFINITIONS.—Section 1 of the Federal cial import quota established in any mar- Administration, and Related Agencies Ap- Meat Inspection Act (21 U.S.C. 601) is amend- keting year.’’. propriations Act, 1999 (7 U.S.C. 1421 note; ed by adding at the end the following: (3) REMOVAL OF SUSPENSION OF MARKETING Public Law 105–277), there is appropriated, ‘‘(w) BEEF.—The term ‘beef’ means meat CERTIFICATE AUTHORITY.—Section 171(b)(1)(G) out of any money in the Treasury not other- produced from cattle (including veal). of the Agricultural Market Transition Act (7 wise appropriated, $250,000,000. ‘‘(x) IMPORTED BEEF.—The term ‘imported U.S.C. 7301(b)(1)(G)) is amended by inserting (k) EMERGENCY SHORT-TERM LAND DIVER- beef’ means beef that is not United States before the period at the end the following: ‘‘, SION.—For an additional amount to carry out beef, whether or not the beef is graded with except that this subparagraph shall not an emergency short-term land diversion pro- a quality grade issued by the Secretary. apply to each of the 1999–2000, 2000–2001, and gram, there is appropriated, out of any ‘‘(y) IMPORTED LAMB.—The term ‘imported 2001–2002 marketing years for upland cot- money in the Treasury not otherwise appro- lamb’ means lamb that is not United States ton’’. priated, $200,000,000. lamb, whether or not the lamb is graded with (4) REDEMPTION OF MARKETING CERTIFI- (l) GRAIN INSPECTION, PACKERS, AND STOCK- a quality grade issued by the Secretary. CATES.—Section 115 of the Agricultural Act YARDS ADMINISTRATION.—For an additional ‘‘(z) IMPORTED PORK.—The term ‘imported of 1949 (7 U.S.C. 1445k) is amended— amount for the Grain Inspection, Packers, pork’ means pork that is not United States (A) in subsection (a)— and Stockyards Administration to support pork. (i) by striking ‘‘rice (other than negotiable rapid response teams to enforce the Packers ‘‘(aa) LAMB.—The term ‘lamb’ means meat, marketing certificates for upland cotton or and Stockyards Act, 1921 (7 U.S.C. 181 et other than mutton, produced from sheep. rice)’’ and inserting ‘‘rice, including the seq.), there is appropriated, out of any ‘‘(bb) PORK.—The term ‘pork’ means meat issuance of negotiable marketing certificates money in the Treasury not otherwise appro- produced from hogs. for upland cotton or rice’’; priated, $1,000,000. ‘‘(cc) UNITED STATES BEEF.— (m) WATERSHED AND FLOOD PREVENTION OP- (ii) in paragraph (1), by striking ‘‘and’’ at ‘‘(1) IN GENERAL.—The term ‘United States ERATIONS.—For an additional amount for wa- the end; beef’ means beef produced from cattle tershed and flood prevention operations to (iii) in paragraph (2), by striking the period slaughtered in the United States. repair damage to waterways and watersheds at the end and inserting ‘‘; and’’; and ‘‘(2) EXCLUSION.—The term ‘United States resulting from natural disasters, there is ap- (iv) by adding at the end the following: beef’ does not include beef produced from propriated, out of any money in the Treas- ‘‘(3) redeem negotiable marketing certifi- cattle imported into the United States in ury not otherwise appropriated, $60,000,000. sealed trucks for slaughter. cates for cash under such terms and condi- MERGENCY ONSERVATION ROGRAM (n) E C P .— ‘‘(dd) UNITED STATES LAMB.— tions as are established by the Secretary.’’; For an additional amount for the emergency and ‘‘(1) IN GENERAL.—The term ‘United States conservation program authorized under sec- lamb’ means lamb produced from sheep (B) in the second sentence of subsection tions 401, 402, and 404 of the Agricultural (c), by striking ‘‘export enhancement pro- slaughtered in the United States. Credit Act of 1978 (16 U.S.C. 2201, 2202, 2204) ‘‘(2) EXCLUSION.—The term ‘United States gram or the marketing promotion program for expenses resulting from natural disas- established under the Agricultural Trade Act lamb’ does not include lamb produced from ters, there is appropriated, out of any money sheep imported into the United States in of 1978’’ and inserting ‘‘market access pro- in the Treasury not otherwise appropriated, gram or the export enhancement program es- sealed trucks for slaughter. $30,000,000. ‘‘(ee) UNITED STATES PORK.— tablished under sections 203 and 301 of the (o) ENVIRONMENTAL QUALITY INCENTIVES ‘‘(1) IN GENERAL.—The term ‘United States Agricultural Trade Act of 1978 (7 U.S.C. 5623, PROGRAM.— pork’ means pork produced from hogs 5651)’’. (1) IN GENERAL.—For an additional amount slaughtered in the United States. (g) FARM SERVICE AGENCY.—For an addi- for the environmental quality incentives ‘‘(2) EXCLUSION.—The term ‘United States tional amount for the Farm Service Agency, program established under chapter 4 of sub- pork’ does not include pork produced from there is appropriated, out of any money in title D of title XII of the Food Security Act hogs imported into the United States in the Treasury not otherwise appropriated, of 1985 (16 U.S.C. 3839aa et seq.), there is ap- sealed trucks for slaughter.’’. $140,000,000, of which— propriated, out of any money in the Treas- (2) MISBRANDING.—Section 1(n) of the Fed- (1) $40,000,000 shall be used for salaries and ury not otherwise appropriated, $52,000,000. eral Meat Inspection Act (21 U.S.C. 601(n)) is expenses of the Farm Service Agency; and (2) LIVESTOCK NUTRIENT MANAGEMENT amended— (2) $100,000,000 shall be used for direct or PLANS.—The Secretary shall provide a pri- (A) in paragraph (11), by striking ‘‘or’’ at guaranteed farm ownership, operating, or ority in the use of funds made available the end; emergency loans under the Consolidated under paragraph (1) to implementing live- (B) in paragraph (12), by striking the pe- Farm and Rural Development Act (7 U.S.C. stock nutrient management plans. riod at the end and inserting ‘‘; or’’; and 1921 et seq.), (p) WETLANDS RESERVE PROGRAM.—Not- (h) STATE MEDIATION GRANTS.—For an ad- withstanding section 727 of this Act, for an (C) by adding at the end the following: ditional amount for grants pursuant to sec- additional amount for the wetlands reserve ‘‘(13)(A) if it is imported beef, imported tion 502(b) of the Agricultural Credit Act of program established under subchapter C of lamb, or imported pork offered for retail sale 1987 (7 U.S.C. 5102(b)), there is appropriated, chapter 1 of subtitle D of title XII of the as muscle cuts of beef, lamb, or pork and out of any money in the Treasury not other- Food Security Act of 1985 (16 U.S.C. 3837 et does not bear a label that identifies its coun- wise appropriated, $2,000,000. seq.), there is appropriated, out of any try of origin; (i) DISASTER RESERVE.— money in the Treasury not otherwise appro- ‘‘(B) if it is United States beef, United (1) IN GENERAL.—For the disaster reserve priated, $70,000,000. States lamb, or United States pork offered established under section 813 of the Agricul- (q) FOREIGN MARKET DEVELOPMENT COOP- for retail sale as muscle cuts of beef, lamb, tural Act of 1970 (7 U.S.C. 1427a), there is ap- ERATOR PROGRAM.—For an additional or pork, and does not bear a label that iden- propriated, out of any money in the Treas- amount for the foreign market development tifies its country of origin; or ury not otherwise appropriated, $500,000,000. cooperator program established under sec- ‘‘(C) if it is United States or imported (2) CROP AND LIVESTOCK CASH INDEMNITY tion 702 of the Agricultural Trade Act of 1978 ground beef, ground lamb, or ground pork PAYMENTS.—Notwithstanding any other pro- (7 U.S.C. 5722), there is appropriated, out of and is not accompanied by labeling that vision of law, the Secretary may use the any money in the Treasury not otherwise ap- identifies it as United States beef, United amount made available under this sub- propriated, $10,000,000. States lamb, United States pork, imported section to carry out a program to provide (r) RURAL ECONOMIC ASSISTANCE.—For an beef, imported lamb, imported pork, or other crop or livestock cash indemnity payments additional amount for rural economic assist- designation that identifies the content of to agricultural producers for the purpose of ance, there is appropriated, out of any United States beef, imported beef, United remedying losses caused by damaging weath- money in the Treasury not otherwise appro- States lamb, imported lamb, United States er or related condition resulting from a nat- priated, $150,000,000, of which— pork, and imported pork contained in the ural or major disaster or emergency. (1) $100,000,000 shall be used for rural eco- product, as determined by the Secretary.’’. (3) COMMERCIAL FISHERIES FAILURE.—Not- nomic development, with the highest pri- (3) LABELING.—Section 7 of the Federal withstanding any other provision of law, the ority given to the most economically dis- Meat Inspection Act (21 U.S.C. 607) is amend- Secretary shall provide $15,000,000 of the advantaged rural communities; and ed by adding at the end the following: amount made available under this section to (2) $50,000,000 shall be used to establish and ‘‘(g) MANDATORY LABELING.—The Secretary the Department of Commerce to provide carry out a program of revolving loans for shall provide by regulation that the fol- emergency disaster assistance to persons or the support of farmer-owned cooperatives. lowing offered for retail sale bear a label entities that have incurred losses from a (s) MANDATORY PRICE REPORTING.—For an that identifies its country of origin: commercial fishery failure described in sec- additional amount to carry out a program of ‘‘(1) Muscle cuts of United States beef, tion 308(b)(1) of the Interjurisdictional Fish- mandatory price reporting for livestock and United States lamb, United States pork, im- eries Act of 1986 (16 U.S.C. 4107(b)) with re- livestock products, on enactment of a law es- ported beef, imported lamb, and imported spect to a Northeast multispecies fishery. tablishing the program, there is appro- pork. (j) FLOODED LAND RESERVE PROGRAM.—For priated, out of any money in the Treasury ‘‘(2) Ground beef, ground lamb, and ground an additional amount to carry out a flooded not otherwise appropriated, $4,000,000. pork. land reserve program in a manner that is (t) LABELING OF IMPORTED MEAT AND MEAT ‘‘(h) AUDIT VERIFICATION SYSTEM FOR consistent with section 1124 of the Agri- FOOD PRODUCTS.— UNITED STATES AND IMPORTED MUSCLE CUTS

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OF BEEF, LAMB, AND PORK AND GROUND BEEF, (6) DEPOSIT OF FUNDS.—Amounts collected (1) DEFINITIONS.—In this subsection: LAMB, AND PORK.—The Secretary may re- under paragraph (5) shall be deposited in the (A) AGRICULTURAL COMMODITY.—The term quire by regulation that any person that pre- Treasury of the United States as miscella- ‘‘agricultural commodity’’ has the meaning pares, stores, handles, or distributes muscle neous receipts. given the term in section 402 of the Agricul- cuts of United States beef, imported beef, (7) APPLICATION OF SUBSECTION.—This sec- tural Trade Development and Assistance Act United States lamb, imported lamb, United tion shall apply with respect to a perishable of 1954 (7 U.S.C. 1732). States pork, imported pork, ground beef, agricultural commodity after the end of the (B) AGRICULTURAL PROGRAM.—The term ground lamb, or ground pork for retail sale 6-month period beginning on the date of the ‘‘agricultural program’’ means— maintain a verifiable recordkeeping audit enactment of this Act. (i) any program administered under the trail that will permit the Secretary to en- (v) LIMITATION ON MARKETING LOAN GAINS Agricultural Trade Development and Assist- sure compliance with the regulations pro- AND LOAN DEFICIENCY PAYMENTS.—Notwith- ance Act of 1954 (7 U.S.C. 1691 et. seq.); mulgated under subsection (g).’’. standing section 1001(2) of the Food Security (ii) any program administered under sec- (4) REGULATIONS.—Not later than 1 year Act of 1985 (7 U.S.C. 1308(1)), the total tion 416 of the Agricultural Act of 1949 (7 amount of the payments specified in section after the date of enactment of this Act, the U.S.C. 1431); 1001A(a) of that Act that an individual, di- Secretary shall promulgate final regulations (iii) any commercial sale of agricultural rectly or indirectly, shall be entitled to re- to carry out the amendments made by this commodities, including a commercial sale of ceive under the Agricultural Market Transi- subsection. an agricultural commodity that is prohibited (5) FUNDING.—For an additional amount to tion Act (7 U.S.C. 7201 et seq.) for 1 or more contract commodities and oilseeds during under a unilateral agricultural sanction that carry out this subsection and the amend- is in effect on the date of enactment of this ments made by this subsection, there is ap- the 1999 crop year may not exceed $150,000. (w) SUSPENSION OF SUGAR ASSESSMENTS.— Act; or propriated, out of any money in the Treas- (iv) any export financing (including credits ury not otherwise appropriated, $8,000,000. Section 156(f) of the Agricultural Market or credit guarantees) for agricultural com- (6) EFFECTIVE DATE.—The amendments Transition Act (7 U.S.C. 7272(f)) is amended— modities. made by this subsection take effect 60 days (1) in paragraph (1), by inserting ‘‘except as (C) JOINT RESOLUTION.—The term ‘‘joint after the date on which final regulations are provided in paragraph (6),’’ after ‘‘years,’’; resolution’’ means— promulgated under paragraph (4). (2) in paragraph (2), by inserting ‘‘except as provided in paragraph (6),’’ after ‘‘years,’’; (i) in the case of paragraph (2)(A)(ii), only (u) INDICATION OF COUNTRY OF ORIGIN OF and a joint resolution introduced within 10 ses- PERISHABLE AGRICULTURAL COMMODITIES.— (3) by adding at the end the following: sion days of Congress after the date on which (1) DEFINITIONS.—In this section: ‘‘(6) SUSPENSION OF ASSESSMENTS.—Effec- the report of the President under paragraph (A) FOOD SERVICE ESTABLISHMENT.—The tive beginning with fiscal year 2000, no as- (2)(A)(i) is received by Congress, the matter term ‘‘food service establishment’’ means a sessments shall be required under this sub- after the resolving clause of which is as fol- restaurant, cafeteria, lunch room, food section during any fiscal year that imme- lows: ‘‘That Congress approves the report of stand, saloon, tavern, bar, lounge, or other diately follows a fiscal year during which the the President pursuant to section similar facility operated as an enterprise en- Federal budget was determined to be in sur- ll(ll)(2)(A)(i) of the lllll Act ll, gaged in the business of selling food to the plus, based on the most recent estimates transmitted on lllllll.’’, with the public. available from the Office of Management and blank completed with the appropriate date; (B) PERISHABLE AGRICULTURAL COMMODITY; Budget as of the last day of the fiscal year.’’. and RETAILER.—The terms ‘‘perishable agricul- (x) FARMERS MARKET PROGRAM.—For an (ii) in the case of paragraph (5)(B), only a tural commodity’’ and ‘‘retailer’’ have the additional amount for the Farmers Market joint resolution introduced within 10 session meanings given the terms in section 1(b) of Program in the Supplemental Nutrition Pro- days of Congress after the date on which the the Perishable Agricultural Commodities gram for Women, Infants, and Children, report of the President under paragraph Act, 1930 (7 U.S.C. 499a(b)). there is appropriated, out of any money in (5)(A) is received by Congress, the matter (2) NOTICE OF COUNTRY OF ORIGIN RE- the Treasury not otherwise appropriated, after the resolving clause of which is as fol- QUIRED.—Except as provided in paragraph (3), $10,000,000. lows: ‘‘That Congress approves the report of a retailer of a perishable agricultural com- (y) EMERGENCY REQUIREMENT.—The entire the President pursuant to section modity shall inform consumers, at the final amount necessary to carry out this section ll(ll)(5)(A) of the lllll Act ll, point of sale of the perishable agricultural and the amendments made by this section transmitted on lllllll.’’, with the commodity to consumers, of the country of shall be available only to the extent that an blank completed with the appropriate date. origin of the perishable agricultural com- official budget request for the entire (D) UNILATERAL AGRICULTURAL SANCTION.— modity. amount, that includes designation of the en- The term ‘‘unilateral agricultural sanction’’ (3) EXEMPTION FOR FOOD SERVICE ESTAB- tire amount of the request as an emergency means any prohibition, restriction, or condi- LISHMENTS.—Paragraph (2) shall not apply to requirement as defined in the Balanced tion on carrying out an agricultural program a perishable agricultural commodity if the Budget and Emergency Deficit Control Act perishable agricultural commodity is— of 1985, as amended, is transmitted by the with respect to a foreign country or foreign (A) prepared or served in a food service es- President to the Congress: Provided, That the entity that is imposed by the United States tablishment; and entire amount is designated by the Congress for reasons of foreign policy or national se- (B)(i) offered for sale or sold at the food as an emergency requirement pursuant to curity, except in a case in which the United service establishment in normal retail quan- section 251(b)(2)(A) of such Act. States imposes the measure pursuant to a tities; or (z) AVAILABILITY.—The amount necessary multilateral regime and the other member (ii) served to consumers at the food service to carry out this section and the amend- countries of that regime have agreed to im- establishment. ments made by this section shall be avail- pose substantially equivalent measures. (4) METHOD OF NOTIFICATION.— able upon enactment of this Act for the re- (E) UNILATERAL MEDICAL SANCTION.—The (A) IN GENERAL.—The information required mainder of fiscal year 1999 and for fiscal year term ‘‘unilateral medical sanction’’ means by paragraph (2) may be provided to con- 2000, and shall remain available until ex- any prohibition, restriction, or condition on sumers by means of a label, stamp, mark, pended. exports of, or the provision of assistance con- placard, or other clear and visible sign on sisting of, medicine or a medical device with the perishable agricultural commodity or on ASHCROFT (AND OTHERS) respect to a foreign country or foreign entity the package, display, holding unit, or bin AMENDMENT NO. 1507 that is imposed by the United States for rea- containing the commodity at the final point sons of foreign policy or national security, of sale to consumers. Mr. ASHCROFT (for himself, Mr. except in a case in which the United States (B) LABELED COMMODITIES.—If the perish- HAGEL, Mr. BAUCUS, Mr. ROBERTS, Mr. imposes the measure pursuant to a multilat- able agricultural commodity is already indi- KERREY, Mr. DODD, Mr. BROWNBACK, eral regime and the other member countries vidually labeled regarding country of origin Mr. GRAMS, Mr. WARNER, Mr. LEAHY, of that regime have agreed to impose sub- by the packer, importer, or another person, Mr. CRAIG, Mr. FITZGERALD, Mr. DOR- stantially equivalent measures. the retailer shall not be required to provide GAN, Mr. SESSIONS, Mrs. LINCOLN, Ms. (2) RESTRICTION.— (A) NEW SANCTIONS.—Except as provided in any additional information to comply with LANDRIEU, Mr. CONRAD, Mr. HARKIN, this subsection. paragraphs (3) and (4) and notwithstanding Mr. INHOFE, Mr. CHAFEE, Mr. (5) VIOLATIONS.—If a retailer fails to indi- any other provision of law, the President cate the country of origin of a perishable ag- WELLSTONE, and Mr. BURNS) proposed may not impose a unilateral agricultural ricultural commodity as required by para- an amendment to amendment No. 1499 sanction or unilateral medical sanction graph (2), the Secretary may assess a civil proposed by Mr. DASCHLE to the bill, S. against a foreign country or foreign entity penalty on the retailer in an amount not to 1233, supra; as follows: for any fiscal year, unless— exceed— At the appropriate place, insert the (i) not later than 60 days before the sanc- (A) $1,000 for the first day on which the vio- followig: tion is proposed to be imposed, the President lation occurs; and (ll) REQUIREMENT OF CONGRESSIONAL AP- submits a report to Congress that— (B) $250 for each day on which the same PROVAL OF ANY UNILATERAL AGRICULTURAL (I) describes the activity proposed to be violation continues. OR MEDICAL SANCTION.— prohibited, restricted, or conditioned; and

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(II) describes the actions by the foreign session days of Congress after the date of in- (ii) FLOOR PROCEDURE.—With respect to a country or foreign entity that justify the troduction of the joint resolution— joint resolution of the House receiving the sanction; and (i) the committee shall be discharged from joint resolution— (ii) Congress enacts a joint resolution stat- further consideration of the joint resolution; (I) the procedure in that House shall be the ing the approval of Congress for the report and same as if no joint resolution had been re- submitted under clause (i). (ii) the joint resolution shall be placed on ceived from the other House; but (B) EXISTING SANCTIONS.— the appropriate calendar of the House con- (II) the vote on final passage shall be on (i) IN GENERAL.—Except as provided in cerned. the joint resolution of the other House. clause (ii), with respect to any unilateral ag- (D) FLOOR CONSIDERATION.— (iii) DISPOSITION OF JOINT RESOLUTIONS OF ricultural sanction or unilateral medical (i) MOTION TO PROCEED.— RECEIVING HOUSE.—On disposition of the joint sanction that is in effect as of the date of en- (I) IN GENERAL.—When the committee to resolution received from the other House, it actment of this Act for any fiscal year, the which a joint resolution is referred has re- shall no longer be in order to consider the President shall immediately cease to imple- ported, or when a committee is discharged joint resolution originated in the receiving ment such sanction. under subparagraph (C) from further consid- House. (ii) EXEMPTIONS.—Clause (i) shall not apply eration of, a joint resolution— (F) PROCEDURES AFTER ACTION BY BOTH THE to a unilateral agricultural sanction or uni- (aa) it shall be at any time thereafter in HOUSE AND SENATE.—If a House receives a lateral medical sanction imposed with re- order (even though a previous motion to the joint resolution from the other House after spect to an agricultural program or activity same effect has been disagreed to) for any the receiving House has disposed of a joint described in clause (ii) or (iv) of paragraph member of the House concerned to move to resolution originated in that House, the ac- (1)(B). proceed to the consideration of the joint res- tion of the receiving House with regard to (3) EXCEPTIONS.—The President may im- olution; and the disposition of the joint resolution origi- pose (or continue to impose) a sanction de- (bb) all points of order against the joint nated in that House shall be deemed to be scribed in paragraph (2) without regard to resolution (and against consideration of the the action of the receiving House with regard the procedures required by that paragraph— joint resolution) are waived. to the joint resolution originated in the (A) against a foreign country or foreign en- (II) PRIVILEGE.—The motion to proceed to other House. tity with respect to which Congress has en- the consideration of the joint resolution— (G) RULEMAKING POWER.—This paragraph is acted a declaration of war that is in effect on enacted by Congress— or after the date of enactment of this Act; or (aa) shall be highly privileged in the House of Representatives and privileged in the Sen- (i) as an exercise of the rulemaking power (B) to the extent that the sanction would of the Senate and House of Representatives, prohibit, restrict, or condition the provision ate; and (bb) not debatable. respectively, and as such this paragraph— or use of any agricultural commodity, medi- (I) is deemed to be a part of the rules of cine, or medical device that is— (III) AMENDMENTS AND MOTIONS NOT IN ORDER.—The motion to proceed to the con- each House, respectively, but applicable only (i) controlled on the United States Muni- with respect to the procedure to be followed tions List; sideration of the joint resolution shall not be subject to— in that House in the case of a joint resolu- (ii) an item for which export controls are tion; and administered by the Department of Com- (aa) amendment; (II) supersedes other rules only to the ex- merce for foreign policy or national security (bb) a motion to postpone; or tent that this paragraph is inconsistent with reasons; or (cc) a motion to proceed to the consider- those rules; and (iii) used to facilitate the development or ation of other business. (ii) with full recognition of the constitu- production of a chemical or biological weap- (IV) MOTION TO RECONSIDER NOT IN ORDER.— tional right of either House to change the on. A motion to reconsider the vote by which rules (so far as the rules relate to the proce- (4) COUNTRIES SUPPORTING INTERNATIONAL the motion is agreed to or disagreed to shall dure of that House) at any time, in the same TERRORISM.—This subsection shall not affect not be in order. manner and to the same extent as in the case the current prohibitions on providing, to the (V) BUSINESS UNTIL DISPOSITION.—If a mo- of any other rule of that House. government of any country supporting inter- tion to proceed to the consideration of the FFECTIVE DATE.—This subsection takes national terrorism, United States govern- joint resolution is agreed to, the joint reso- (7) E ment assistance, including United States for- lution shall remain the unfinished business effect 180 days after the date of enactment of eign assistance, United States export assist- of the House concerned until disposed of. this Act. ance, or any United States credits or credit (ii) LIMITATIONS ON DEBATE.— guarantees. (I) IN GENERAL.—Debate on the joint reso- MCCAIN (AND GREGG) (5) TERMINATION OF SANCTIONS.—Any uni- lution, and on all debatable motions and ap- AMENDMENT NO. 1508 lateral agricultural sanction or unilateral peals in connection with the joint resolution, medical sanction that is imposed pursuant to shall be limited to not more than 10 hours, (Ordered to lie on the table.) the procedures described in paragraph (2)(A) which shall be divided equally between those Mr. MCCAIN (for himself and Mr. shall terminate not later than 2 years after favoring and those opposing the joint resolu- GREGG) submitted an amendment in- the date on which the sanction became effec- tion. tended to be proposed by them to the tive unless— (II) FURTHER DEBATE LIMITATIONS.—A mo- bill, S. 1233, supra; as follows: (A) not later than 60 days before the date tion to limit debate shall be in order and On page 76, between lines 6 and 7, insert of termination of the sanction, the President shall not be debatable. the following: submits to Congress a report containing the (III) AMENDMENTS AND MOTIONS NOT IN SEC. 7ll. SUGAR PROGRAM.—None of the recommendation of the President for the ORDER.—An amendment to, a motion to post- continuation of the sanction for an addi- pone, a motion to proceed to the consider- funds appropriated or otherwise made avail- tional period of not to exceed 2 years and the ation of other business, a motion to recom- able by this Act may be used to pay the sala- request of the President for approval by Con- mit the joint resolution, or a motion to re- ries and expenses of personnel of the Depart- gress of the recommendation; and consider the vote by which the joint resolu- ment of Agriculture to carry out section 156 (B) Congress enacts a joint resolution stat- tion is agreed to or disagreed to shall not be of the Agricultural Market Transition Act (7 ing the approval of Congress for the report in order. U.S.C. 7272), other than subsection (f). submitted under subparagraph (A). (iii) VOTE ON FINAL PASSAGE.—Immediately f (6) CONGRESSIONAL PRIORITY PROCEDURES.— following the conclusion of the debate on a (A) REFERRAL OF REPORT.—A report de- joint resolution, and a single quorum call at NOTICE OF HEARING scribed in paragraph (2)(A)(i) or (5)(A) shall the conclusion of the debate if requested in COMMITTEE ON ENERGY AND NATURAL be referred to the appropriate committee or accordance with the rules of the House con- RESOURCES committees of the House of Representatives cerned, the vote on final passage of the joint Mr. MURKOWSKI. Mr. President, I and to the appropriate committee or com- resolution shall occur. would like to announce for the public mittees of the Senate. (iv) RULINGS OF THE CHAIR ON PROCEDURE.— (B) REFERRAL OF JOINT RESOLUTION.— An appeal from a decision of the Chair relat- that a hearing has been scheduled be- (i) IN GENERAL.—A joint resolution shall be ing to the application of the rules of the Sen- fore the full Energy and Natural Re- referred to the committees in each House of ate or House of Representatives, as the case sources Committee to receive testi- Congress with jurisdiction. may be, to the procedure relating to a joint mony regarding S. 1052, to implement (ii) REPORTING DATE.—A joint resolution resolution shall be decided without debate. further the Act (Public Law 94–241) ap- referred to in clause (i) may not be reported (E) COORDINATION WITH ACTION BY OTHER proving the Covenant to Establish a before the eighth session day of Congress HOUSE.—If, before the passage by 1 House of Commonwealth of the Northern Mar- after the introduction of the joint resolu- a joint resolution of that House, that House iana Islands in Political Union with tion. receives from the other House a joint resolu- (C) DISCHARGE OF COMMITTEE.—If the com- tion, the following procedures shall apply: the United States of America, and for mittee to which is referred a joint resolution (i) NO COMMITTEE REFERRAL.—The joint res- other purposes. has not reported the joint resolution (or an olution of the other House shall not be re- The Governor of the Commonwealth identical joint resolution) at the end of 30 ferred to a committee. and the Administration will be the

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10133 only witnesses. Other individuals wish- ADDITIONAL STATEMENTS Karekin I, Catholicos of the Armenian ing to testify will be asked to submit Orthodox Church. His Holiness passed their testimony for the record. away on June 29, 1999 at the Holy See TRIBUTE TO CHARLES BENNETT The hearing will take place on Tues- of Etcmiadzin, Armenia. GREENWOOD day, September 14, 1999, at 9:30 a.m. in In 1997, I had the opportunity to meet room SD–366 of the Dirksen Senate Of- ∑ Mr. MCCONNELL. Mr. President, I personally with His Holiness, the su- fice Building. rise today to pay tribute to a fellow preme patriarch of the Armenian For further information, please call Kentuckian and friend Charles Bennett Church, in Yerevan. I was moved by his James Beirne, Deputy Chief Counsel at Greenwood of Central City, who died devotion to his church and the love and (202) 224–2564 or Betty Nevitt, Staff As- July 16, 1999, at his home. compassion he had for all people. His sistant at (202) 224–0765. Charles, or C.B. to his friends, was a Holiness Karekin I was not only re- unique individual who loved his home spected and loved by Armenian people f state of Kentucky and revered life in throughout the world, but his wisdom, small-town Central City. You see, C.B. compassion and courage was renowned AUTHORITY FOR COMMITTEES TO lived all of his 93 years within a four in international religious circles. MEET block area of downtown Central City. Throughout his life, His Holiness trav- Almost all of the milestones of his life eled to many countries, including the COMMITTEE ON AGRICULTURE, NUTRITION, AND occurred within the same four blocks United States and my home state of FORESTRY of Central City. C.B. never went away Rhode Island, to strengthen and recon- Mr. COCHRAN. Mr. President, I ask to college and took very few vacations. firm the faith of the Armenian commu- unanimous consent that the Com- It was obvious to everybody who knew nity. He was truly an inspiration to all mittee on Agriculture, Nutrition, and him that C.B. was satisfied with his who knew him. Forestry, be allowed to meet during view of the world from Central City. His Holiness dedicated more than the session of the Senate on Tuesday, C.B. was born to William H. and fifty years to his faith, and his devo- August 3, 1999. The purpose of this Viola ‘‘Louisa’’ Greenwood on March 6, tion raised him rapidly to the highest meeting will be to discuss the farm cri- 1906, at the family home on Fourth ranks of the Church. He was born in sis. Street and went to school just a few the village of Kessab, Syria in 1932 and The PRESIDING OFFICER. Without hundred feet from his birthplace. In was ordained as a priest in the objection, it is so ordered. 1934, C.B. and his bride, Louise Batsel, Church’s celibate order in 1949 after his were married at the minister’s resi- graduation from the Armenian Church COMMITTEE ON ARMED SERVICES dence on Third Street, just one block Seminary in Antilias, Lebanon. His Ho- Mr. COCHRAN. Mr. President, I ask away from the homeplace. All of C.B.’s liness was recognized as an exceptional unanimous consent that the Com- children—daughter Margaret Ann Long scholar and sent to Oxford University mittee on Armed Services be author- of Oklahoma City; and sons Charles for theological studies. After com- ized to meet at 9:30 a.m., on Tuesday, Jr., William and David of Central pleting his studies, he returned to August 3, 1999, in open session, to con- City—were born at their home on Antilias to serve as Dean of the semi- sider the nominations of Carol Fourth Street. nary. His Holiness was recognized for DiBattiste to be Under Secretary of the Incredibly, C.B. never worked more his leadership skills by being asked to Air Force and Charles A. Blanchard to than four blocks from his birthplace. In lead church dioceses in Iran and the be General Counsel of the Department the 1920s, C.B. worked for J.C. Batsel United States. In 1977, he was elected of the Army. Meat Market and Perry Drugstore and Catholicos of the Catholicosate of The PRESIDING OFFICER. Without in 1932, he went to work for J.C. Cilicia, based in Lebanon. objection, it is so ordered. Penney, all of which were located The people of Armenia elected COMMITTEE ON INDIAN AFFAIRS downtown. In 1945, C.B. purchased Karekin I Supreme Catholicos of the Mr. COCHRAN. Mr. President, I ask Barnes Mercantile Clothing Store on Armenian people in 1995. Karekin I was unanimous consent that the Senate Broad Street, again just four blocks the first Catholicos in centuries to Committee on Indian Affairs be author- away from his birthplace and resi- reign within an independent Armenian ized to meet during the session of the dence. He worked at the store until he state. His Holiness worked tirelessly Senate on Tuesday, August 3, 1999, at retired in 1989. For 75 years C.B. for the spiritual revival of the Arme- 10 a.m., to conduct a hearing on S. 964, walked to and from his jobs in down- nian Orthodox Church in Armenia. His a bill to provide for equitable com- town Central City in deep snow or 100 Holiness also decentralized the infra- pensation for the Cheyenne River degree weather. structure of the church in Armenia by Sioux Tribe. The hearing will be held An active community leader, C.B. adding new diocese throughout the in room 485, Russell Senate Office was a member of the First Baptist country, and he restored churches and Building. Church of Central City, and served on monasteries which had been closed dur- both the Central City Council and the The PRESIDING OFFICER. Without ing the era of Soviet rule. Central City School Board. C.B. was objection, it is so ordered. The Armenian people throughout the laid to rest in the Rose Hill Cemetery world are mourning the death of His COMMITTEE ON INDIAN AFFAIRS in Central City, four city blocks from Holiness, and Armenia will be paying Mr. COCHRAN. Mr. President, I ask where he was born, lived his life, raised tribute to his extraordinary life by unanimous consent that the Senate his children, worked and ran his busi- holding a period of national mourning Committee on Indian Affairs be author- ness, and served his community. through August 8. ized to meet during the session of the In today’s highly mobile society, few I urge my colleagues to join with the Senate on Tuesday, August 3, 1999, at people live their lives like C.B., rooted Armenian community in remembering 2:30 p.m., to conduct a hearing on S. in their hometown. C.B. was a special the legacy of hope, courage, and com- 692, a bill to prohibit Internet gaming. person who was happy in his life and passion left by His Holiness Karekin I.∑ The hearing will be held in room 485, lived life to the fullest. I express my Russell Senate Office Building. condolences to C.B.’s family—his wife, f Louise, and children, Charles, Jr.; my The PRESIDING OFFICER. Without TRIBUTE TO LELAND PERRY objection, it is so ordered. close friend Bill and his wife Leslie; and David, and Margaret; 10 grand- ∑ Mr. HATCH. Mr. President, this Fri- COMMITTEE ON GOVERNMENTAL AFFAIRS children, 9 great-grandchildren, and day, on the campus of Brigham Young Mr. COCHRAN. Mr. President, I ask one great-great grandchild.∑ University, in Provo, Utah, the family, unanimous consent that the Govern- f friends, former associates and succes- mental Affairs Committee be per- sors of Leland M. Perry will gather to mitted to meet on Tuesday, August 3, TRIBUTE TO HIS HOLINESS honor his quiet but substantial con- 1999, at 10 a.m., for a business meeting KAREKIN I, CATHOLICOS OF THE tributions to the dynamic growth and to consider pending business. ARMENIAN ORTHODOX CHURCH greatness that characterizes BYU. The PRESIDING OFFICER. Without ∑ Mr. REED. Mr. President, I rise Leland Perry, who marks his 98th objection, it is so ordered. today to pay tribute to His Holiness birthday on August 23, and who still

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10134 CONGRESSIONAL RECORD — SENATE August 3, 1999 lives in Provo, was the director of the ing. And, he led the way through the Olson became an active conserva- physical plant at BYU from April 1947 last half of this century and created tionist in the 1920’s, fighting to keep to July 1957, when he and his late wife, the standards applied to his successors roads, dams and airplanes out of his McNone Perry, set their vocations who will lead us into the next century. ‘‘special place’’ in northeastern Min- aside for several years to organize and I want to join my fellow Utahns and nesota. He went on to serve as the preside over the West Spanish Amer- fellow Cougars in commending Leland president of both the National Parks ican Mission of the LDS Church. Perry for his years of service and in Association and the Wilderness Soci- Afterward, Mr. Perry went on to head wishing him a happy 98th birthday.∑ ety. Yet, perhaps his greatest contribu- the physical plant at Ricks College in f tion to conservation came during his Idaho, which is also an institution in tenure as an advisor to Secretary of TRIBUTE TO SIGURD OLSON the system of higher education affili- the Interior from 1959 to the early ated with the Church of Jesus Christ of ∑ Mr. FEINGOLD. Mr. President, I rise 1970’s, when he helped draft the Wilder- Latter-day Saints, during that col- today to pay tribute one of our nation’s ness Act, which became law in 1964 and lege’s explosive building program. most beloved nature writers and dedi- established the U.S. wilderness preser- From there, he was appointed director cated wilderness conservationists, Mr. vation system that still exists today. of all physical plants in the LDS Sigurd Olson. As an architect of the While I never knew Sigurd Olson, Church’s higher education system, ex- federal government’s protection of wil- those who worked with ‘‘Sig,’’ as he cept BYU, until he retired in the mid derness areas, as well as a poetic voice was called, were infected by his unwav- 1960s. that captured the importance of these ering commitment to the Boundary Leland Perry directed BYU’s physical pristine sites, Mr. Olson left us and our Waters and his desire to help people plant during a time when the univer- children a legacy of natural sanc- truly understand the meaning and leg- sity was beginning an era of enormous tuaries and an ethic by which to better acy of wilderness. growth; and, from the account I have appreciate them. Central to Olson’s agenda was his heard, it is clear that he played an im- Mr. President, 1999 marks the 100th perseverance as public advocate for the portant role during that critical pe- anniversary of the birth of Sigurd Boundary Waters, in spite of the some- riod. Olson. Over the July recess, I had the times quite open hostility that he One especially noteworthy example opportunity to travel to Northern Min- faced in taking that stand. Twenty-two typifies his vital contributions. In 1955, nesota to commemorate and celebrate years ago on July 8, 1977, a public field he learned about a new concept for Sigurd Olson’s life and work. I think it hearing was held at Ely High School on heating widely spread, isolated build- is fitting that the Senate take this op- Congressman Fraser’s bill that became ings, in a more efficient and less costly portunity to honor the life of Mr. the Boundary Waters Canoe Area Wil- way, using pressurized water, which Olson, who sadly passed away 17 years derness Act of 1978. Sigurd Olson, then was heated to levels much higher than ago, and to renew our dedication to 77 years old, stepped forward to testify the boiling point, and combined with a continue his legacy of wilderness pres- in the midst of hisses, catcalls and boos method of forced circulation. Until ervation. from the roughly thousand-person then, steam was commonly used in Born in Chicago in 1899, Sigurd Olson crowd that packed the hearing. Despite such settings, delivered through pipes and his family soon moved to the beau- the fact that an effigy in his likeness from a central heating plant. Heat en- tiful Door County Peninsula of Wis- was hanging outside the school, he tes- gineering was still a young science, so consin. It was there that he formed his tified, saying in part: he took it upon himself to learn all he life-long attachment to nature and to outdoor recreation. Half a century Some places should be preserved from de- could about this new technique. He velopment and exploitation for they satisfy a then advocated its use in modernizing later, he described what he experienced human need for solace, belonging, and per- the BYU physical plant. as a boy along the coast of Green Bay: spective. In the end we turn to nature in a Leland Perry did such a good job in A school of perch darted in and out of the frenzied chaotic world to find silence—one- mastering the concept and then in ex- rocks. They were green and gold and black, ness—wholeness—spiritual release. plaining and advocating the system and I was fascinated by their beauty. I am inspired by Sigurd Olson’s ac- Seagulls wheeled and cried above me. Waves that his idea was accepted, and BYU crashed against the pier. I was alone in a tions in my own work, as I have been because the first university in the wild and lovely place, part of the dark forest inspired by my predecessor in the United States to install and use it cam- through which I had come, and of all the United States Senate Gaylord Nelson. I pus-wide. Since then, virtually all wild sounds and colors and feelings of the also share Olson’s great respect for other campuses of any size have fol- place I had found. That day I entered into a America’s public lands and for the lowed BYU’s lead, savings untold mil- life of indescribable beauty and delight. Boundary Waters. lions of dollars for American colleges There I believe I heard the singing wilder- Mr. President, as I mentioned, I re- and universities—and for students—na- ness for the first time. cently visited the Boundary Waters tionwide. A few years after graduating from and spent a day canoeing in the pris- At the dedication ceremony for the the University of Wisconsin in Madi- tine area that Olson loved so dearly on new system in 1957 former BYU Presi- son, Olson moved to northeastern Min- the Hegman Lake chain. His words, dent William F. Edwards said, ‘‘Leland nesota. He traveled and guided for from his first book, The Singing Wil- caught the vision of a new idea and had many years in the surrounding mil- derness, best describe the experience: the courage to promote the idea.’’ lions of acres of lakeland wilderness— The movement of a canoe is like a reed in The physical plant of any major fa- what eventually became the Boundary the wind. Silence is part of it and the sounds cility or complex of buildings is easy to Waters Canoe Area Wilderness—and he of lapping water, bird songs, and wind in the take for granted. We tend not to notice grew convinced that wilderness pro- trees. It is part of the medium through the pipes and the boilers and the con- vided the spiritual experiences vital to which it floats, the sky, the water, the trols unless they break down. But they modern society. It was this conviction shores.... There is magic in the feel of a are the structural bones and the cir- that formed the basis of both his con- paddle and the movement of a canoe, a magic servation and his writing careers. As compounded of distance, adventure, solitude, culatory system that make our build- and peace. The way of a canoe is the way of ings useful, comfortable, and practical. he said at a Sierra Club conference in the wilderness, and of a freedom almost for- I might mention that I was a student 1965: gotten. It is an antidote to insecurity, the at BYU during Leland’s tenure as plant I have discovered in a lifetime of traveling open door to waterways of ages past and a manager. I confess that I did not fully in primitive regions, a lifetime of seeing peo- way of life with profound and abiding satis- appreciate at the time that there was ple living in the wilderness and using it, that factions. When a man is part of his canoe, he heat in the library, the classrooms and there is a hard core of wilderness need in ev- is part of all that canoes have ever known. eryone, a core that makes its spiritual val- In addition to canoeing the Hegman in the dorms because of Leland Perry. ues a basic human necessity. There is no hid- Leland Perry, like many Utahns, is ing it.... Unless we can preserve places Lakes, I also had an opportunity to truly a pioneer. With humility and where the endless spiritual needs of man can visit Listening Point on Burntside dedication, he has made the vocation of be fulfilled and nourished, we will destroy Lake with Sigurd Olson’s son, Bob caring for Utah’s physical plant a call- our culture and ourselves. Olson, and Bob’s wife, Vonnie Olson.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10135 Many people have a special place where ness writing, Olson was a reformer who ship, the industry has made great they go to experience nature. Perhaps didn’t come across as self-important. progress in this regard. it is a park, or a campsite, or a favorite Second, Wisconsinites truly appre- Under his leadership, DISCUS has hiking trail. For Sigurd Olson, it was a ciate an accomplished outdoor enthu- successfully developed model legisla- cabin on a tree-covered glaciated point siast turned advocate. That’s a rarity tion, the Drunk Driving Prevention of rock. He called it his ‘‘Listening in politics, especially these days. Olson Act, which has encouraged many states Point,’’ and it is at the center of his will be long remembered for his char- to pass life saving laws preventing book of the same name. acter and fundamental decency in de- drunk driving, including a ban on open In his book, Sigurd Olson talks about fense of the wilderness he loved. On be- containers and ‘‘zero tolerance’’ for un- that place on Burntside Lake from his half of myself and the citizens of my derage consumption. Fred was among first night sleeping there under the state, as well as all Americans, I wish the first to call for the establishment stars to the eventual building of his Sigurd Olson a very happy birthday. of the Presidential Commission on cabin: We are a greater country for his dedi- Drunk Driving. Subsequently, he ‘‘From this one place I would explore the cation.∑ served with distinction on this panel. entire north and all life, including my own,’’ f Under Fred’s leadership, DISCUS has he writes. ‘‘For me, it would be a listening- maintained and enforced a strict Code post from which I might even hear the music TRIBUTE TO FREDERICK A. of Good Practice governing the adver- of the spheres.’’ MEISTER tising and marketing of distilled spir- From his cabin, Olson also experi- ∑ Mr. BUNNING. Mr. President, my its. In 1991, the majority of the DISCUS enced the wonder and danger of signifi- home state, the great Commonwealth companies made a multi-million dollar cant storms in the Boundary Waters, of Kentucky is known throughout the investment to form an organization an experience nearly identical to my world for many fine things—fast known as the Century Council which own. Over the Fourth of July weekend horses, bluegrass countryside, the best went on to develop a number of life this year, shortly before I arrived, seri- burley tobacco in the world and win- saving programs aimed at the problems ous winds hit the Boundary Waters, ning basketball teams. And of course, of underage drinking, drunk driving downing trees in a quarter of the wil- Kentucky is also known as the home of and, most recently, college binge derness area. fine Bourbon whiskey. drinking. I was comforted to learn, as I arrived Bourbon is interwoven through the As Fred Meister steps down from the at Listening Point to see Bob Olson history, heritage and economy of our leadership at the Distilled Spirits clearing trees from the driveway, that Commonwealth. First developed in 1797 Council, he leaves behind him a proud Listening Point has weathered signifi- by an early settler from Virginia and positive legacy and he leaves be- cant storms before. Sigurd Olson writes named Elijah Pepper who settled in hind an industry that is both commer- of another storm, and its aftermath in Versailles, Kentucky and built a still cially strong and socially responsible. Of Time and Place: behind the Woodford County Court- I know that I can safely speak on the As we approached Listening Point we could house, Bourbon is a distinctively Ken- behalf of the thousands of Kentuckians see the damage, trees down and twisted, tucky product that still plays an im- who earn their living in the distilling blocking the road to the cabin. We chopped portant role in our state’s economy. industry when I say ‘‘Congratulations and hacked our way through to the turn- For the past nineteen years, the in- and thank You’’ to Fred Meister for a ∑ around and found the trail to the cabin was terests of this deeply rooted Kentucky job well done. a crisscross of broken treetops, a jackstraw f puzzle of tangled debris. It was unbelievable; industry have been served very well by I looked at the trees, remembering how over a gentleman with no Kentucky roots of APPRECIATION TO JOHN BRADLEY the years we had treasured each one of his own: a man from the snowy plains Mr. SPECTER. Mr. President, on Fri- them.... of Minnestoa—Frederick A. Meister. day, August 6, 1999 John Bradley com- Olson continues: For the past nineteen years, Fred Mei- pletes a two year assignment to the I sometimes wonder about the meaning of ster has served as President and CEO of such things as this tornado—why it hap- Senate Committee on Veterans’ Af- the Distilled Spirits Council of the fairs. In view of his outstanding per- pened, why it leapfrogged over some areas United States (DISCUS). He is planning and hit others. We paddled to the islands be- formance and contributions to the yond Listening Point and saw where many to retire soon and I wanted to take this Committee and our country’s veterans, trees had been blown over, all old landmarks opportunity to thank him, on the be- I am taking this occasion to recognize along the shore. They would lie there for half of the many Kentuckians who are John. many years until they, too, would sink into employed by the distillery industry In mid 1997, the Committee was with- the soil and disappear. throughout our Commonwealth for a out a professional staff member with Mr. President, I have been a defender job well done. expertise in veterans’ health care de- of the Boundary Waters, and my con- While the leadership of many Wash- livery system. I turned to the Depart- stituents adore this area. ington trade associations seems to ment of Veterans Affairs for the tem- I have also joined in the fight to pro- come and go, Fred’s tenure at DISCUS porary assignment of such a person. In tect the public lands of Southern Utah, stands out as a distinguished excep- truth, I anticipated retaining whoever and have sponsored legislation to have tion. For almost two decades, the mil- was assigned only until such time as the lands of wilderness potential in the lions of Americans who choose to drink my Staff Director was able to inter- Apostle Islands National Lakeshore in moderation could not have had a view and propose a permanent profes- identified. All my efforts are linked to more zealous advocate. At the same sional staff member. VA’s then Acting unfinished business that Sigurd Olson time, Fred and DISCUS have wisely Secretary Herschel Gober agreed to the began in the Boundary Waters and to taken a hard line against drunk driving detailing of John Bradley since John his commitment to designating and and other forms of reckless drinking. had served a similar assignment to this protecting our country’s special wild Whether the issue has been taxes, Committee in the 103rd Congress. places. free trade or the First Amendment John Bradley turned out to be the In addition to conveying my own ad- freedom of distillers to advertise their consummate professional and the miration for Sigurd Olson, I rise today products on television and radio, Fred search for a permanent professional to share the reflections of my own has been there making a persuasive staff member was halted. A veteran of home state. Wisconsinites have a spe- case for the spirit industry’s legitimate the Vietnam conflict and a career em- cial fondness for Sigurd Olson for sev- commercial interests. No one has ployee of the VA with over 25 years of eral reasons. Olson, who began his en- fought harder or more effectively on service, primarily with the Veterans vironmental education as a kid from these issues than Fred Meister. Health Administration, John made an Northern Wisconsin who loved the out- At the same time, Fred and DISCUS immediate impact. With the Commit- doors, turned out to be a serious con- long ago recognized that the beverage tee’s legislative agenda completed, he servationist whose name is among the alcohol industry mut do its part to directed with great professional skill greatest conservationists of the Twen- stop drunk driving and other forms of the rigors of staff conferencing with his tieth Century. With his special wilder- reckless drinking. Under Fred’s leader- House counterparts.

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10136 CONGRESSIONAL RECORD — SENATE August 3, 1999 It also soon became apparent that tion of Jack E. Hightower be dis- Mr. President, this bill has some John was not a bureaucrat or intent on charged from the Committee on points I want to highlight. It provides maintaining the status quo. In fact, he Health, Education, Labor, and Pen- a total of $8.37 billion for military con- is an intellectual and innovative think- sions, and further the Senate proceed struction. er who is willing to explore new ideas to its consideration. Even though this is an increase of to advance the cause of veterans health I further ask unanimous consent that $2.9 billion over the President’s budget care. the nomination be confirmed, the mo- for fiscal year 2000, it is still a reduc- During his assignment to the Com- tion to reconsider be laid upon the tion of $79 million from what was ap- mittee, John played a major role in table, any statements be printed in the propriated last year. shaping the following legislation: the RECORD, the President be immediately The conferees rejected the adminis- Veterans’ Health Care Improvements notified of the Senate’s action, and the tration proposal to incrementally fund Act of 1998, the Persian Gulf War Vet- Senate then return to legislative ses- military construction and family hous- erans Act of 1998, and the Veterans sion. ing projects throughout the Depart- Compensation Cost of Living Adjust- The PRESIDING OFFICER. Without ment of Defense. ment Act of 1998. Additionally, John objection, it is so ordered. Instead the conferees believed that has spent many hours this year work- The nomination considered and con- fully funding these projects was essen- ing on S. 1076, the Veterans Benefits firmed is as follows: tial for the well being and moral of the Improvements Act of 1999 which I hope men and women who serve in uniform. will pass the Senate soon. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE Some 43 percent of the bill is allo- Upon his departure and on behalf of Jack E. Hightower, of Texas, to be a Mem- cated to family housing—a total of $3.6 the Committee, I extend my deep ap- billion. This includes new construction, preciation to John for his courage, his ber of the National Commission on Libraries and Information Science for a term expiring improvements to existing units and innovation, his professionalism and, July 19, 2004. funding for operation and maintenance above all, his enduring concern for vet- f of that housing. erans. He shall be missed. We strongly protected quality of life f LEGISLATIVE SESSION initiatives. We provided $643 million EXECUTIVE SESSION The PRESIDING OFFICER. Under for barracks, $22 million for child de- the previous order, the Senate will re- velopment centers, and $151 million for sume legislative session. hospital and medical facilities. EXECUTIVE CALENDAR f We provided a total of $695 million Mr. LOTT. Mr. President, I ask unan- for the Guard and Reserve components. imous consent that the Senate imme- MILITARY CONSTRUCTION APPRO- Overall this represents an increase of diately proceed to executive session to PRIATIONS ACT, 2000—CON- $560 million from the President’s budg- consider the following nominations en FERENCE REPORT et request. bloc: Executive Calendar Nos. 192, 193, Mr. LOTT. I ask unanimous consent Many of those projects will enhance and 200. These nominations are Michael that the Senate proceed to the imme- the readiness and mission capabilities A. Sheehan to be Coordinator for diate consideration of the conference of our Reserve and Guard forces, vital Counterterrorism; Robert S. Gelbard, report to accompany H.R. 2465. to out national defense. to be Ambassador Extraordinary and The PRESIDING OFFICER. The I would like to thank my ranking Plenipotentiary of the United States of clerk will report. member, Senator MURRAY, for her as- America to the Republic of Indonesia; The assistant legislative clerk read sistance and support throughout this and William B. Taylor to be Ambas- as follows: process. She and her staff was ex- sador during tenure of service as Coor- The committee on conference on the dis- tremely helpful. dinator of the U.S. Assistance for the agreeing votes of the two Houses on the I commend this product to the Sen- New Independent States. amendment of the Senate to the bill (H.R. ate and recommend that it be signed by I further ask unanimous consent that 2465), have agreed to recommend and do rec- the President without delay. the nominations be confirmed en bloc, ommend to their respective Houses this re- Mrs. MURRAY. Mr. President, I am the motion to reconsider be laid upon port, signed by all of the conferees. pleased to bring before the Senate this the table, any statements be printed in The PRESIDING OFFICER. Without conference report on the fiscal year the RECORD, the President be imme- objection, the Senate will proceed to 2000 military construction appropria- diately notified of the Senate’s action, the consideration of the conference re- tions bill—the first of the 13 regular and the Senate then return to legisla- port. (The conference report is printed appropriations bills to be completed tive session. in the House proceedings of the RECORD this year. The PRESIDING OFFICER. Without of July 27, 1999.) This is a good bill, leaner than we objection, it is so ordered. Mr. BURNS. Mr. President, I am very would wish but sufficient to meet the The nominations considered and con- pleased to bring before the Senate the Services’ most pressing military confirmed en bloc are as follows: Military Construction Conference Re- struction needs, particularly in terms DEPARTMENT OF STATE port for fiscal year 2000. of readiness and quality of life Michael A. Sheehan, of New Jersey, to be Mr. President, this conference report projects. The projects funded in this Coordinator for Counterterrorism, with the was passed by the House of Representa- bill will give the men and women of our rank and status of Ambassador at Large. tives last week by a vote of 412 to 8. It Robert S. Gelbard, of Washington, a Career armed forces—and their families—a Member of the Senior Foreign Service, Class was sent to the Senate late last week wide array of improved facilities in of Career Minister, to be Ambassador Ex- and now awaits or final passage. which to work, to train, and to live. traordinary and Plenipotentiary of the We have worked hard with our House In my home state of Washington, for United States of America to the Republic of colleagues to bring the Military Con- example, this bill provides nearly $129 Indonesia. struction Conference to a successful million in funding for 16 different mili- William B. Taylor, Jr., of Virginia, for the conclusion. tary construction projects plus $9 mil- Rank of Ambassador during tenure of service as Coordinator of U.S. Assistance for the It reflects a strong bipartisan effort lion for Army family housing at Fort New Independent States. of behalf of the Senate and the House Lewis. of Representatives. Congress was faced with a difficult f Both bodies took a different perspec- situation this year when the Pentagon, NOMINATION OF JACK E. HIGH- tive on the allocation of military con- in a radical departure from regular pro- TOWER OF TEXAS TO BE A MEM- struction funding for the Department cedure, requested incremental funding BER OF THE NATIONAL COMMIS- of Defense. for the entire slate of fiscal year 2000 SION ON LIBRARIES AND INFOR- However, in the final conference re- military construction projects. Thanks MATION SCIENCE port, we met our goals of promoting to the cooperation of Chairman STE- Mr. LOTT. In executive session, I ask quality of life initiatives and enhanc- VENS and Ranking Member BYRD, and unanimous consent that the nomina- ing mission readiness. to the efforts of Senator BURNS on the

VerDate Mar 15 2010 21:38 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03AU9.REC S03AU9 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 1999 CONGRESSIONAL RECORD — SENATE S10137 Subcommittee, it didn’t happen. The PRESIDING OFFICER. Without Whereas the Senate joins together with the What’s more, we included language in objection, it is so ordered. airborne community to celebrate August 16, our Committee report directing the Ad- The bill (H.R. 2415), as amended, was 1999, as ‘‘National Airborne Day’’: Now, ministration to fully fund all military passed. therefore, be it (The text of S. 886 was printed in the Resolved, That the Senate— construction requests in future budg- (1) designates August 16, 1999, as ‘‘National ets. RECORD of June 22, 1999) Airborne Day’’; and Unfortunately, this bill reflects a The Presiding Officer (Mr. ALLARD) (2) requests that the President issue a continued decline in the amount of appointed Mr. HELMS, Mr. LUGAR, Mr. proclamation calling on Federal, State, and money that is being allocated to mili- COVERDELL, Mr. GRAMS of Minnesota, local administrators and the people of the tary construction. This year’s bill is Mr. BIDEN, Mr. SARBANES, and Mr. United States to observe the day with appro- funded at a level of $8.374 billion, which DODD conferees on the part of the Sen- priate programs, ceremonies, and activities. is $76 million less than the fiscal year ate. f 1999 bill. And this is at a time when f funding for the Defense appropriations ORDERS FOR WEDNESDAY, bill is heading toward a major increase. NATIONAL AIRBORNE DAY AUGUST 4, 1999 Military construction does not have Mr. LOTT. I ask unanimous consent Mr. LOTT. Mr. President, I ask unan- the glamour of some of the gee whiz, that the Senate now proceed to the im- imous consent that when the Senate high-tech items in the defense bill, but mediate consideration of Calendar No. completes its business today, it ad- it is an integral part of readiness and 241, S. Res. 95. journ until the hour of 9 a.m. on quality of life in the military. If mili- The PRESIDING OFFICER. The Wednesday, August 4. I further ask tary construction is underfunded, we clerk will report the resolution by consent that on Wednesday, imme- will wind up undercutting our nation’s title. diately following the prayer, the Jour- war fighting capability. We must not The assistant legislative clerk read nal of proceedings be approved to date, allow that to occur. as follows: the morning hour be deemed expired, We will continue to fight the good A resolution (S. Res. 95) designating Au- the time for the two leaders be re- fight for military construction dollars, gust 16, 1999, as ‘‘National Airborne Day.’’ served for their use later in the day, ably led by our chairman, Senator Mr. LOTT. I ask unanimous consent and the Senate immediately begin 40 BURNS, who is an extremely effective the resolution be agreed to, the pre- minutes of debate on the dairy issue to advocate for the needs of the military amble be agreed to, the motion to re- be equally divided between the oppo- and a pleasure to work with on the consider be laid upon the table, and nents and proponents, and the cloture Committee. I thank Senator BURNS, any statements relating to this resolu- vote occur at 9:45 a.m. with the manda- and Senators STEVENS and BYRD, for tion be printed in the RECORD. tory quorum having been waived. their unflagging support, and I also The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without thank the Subcommittee staff for their objection, it is so ordered. objection, it is so ordered. hard work on this bill. The resolution (S. 95) was agreed to. This is a good bipartisan conference The preamble was agreed to. f report, and I urge my colleagues to ac- The resolution, with its preamble, PROGRAM cept it so that it can be sent to the reads as follows: Mr. LOTT. Therefore, the Senate will President without delay and become S. RES. 95 convene at 9 a.m. and we will have 40 the first fiscal year 2000 regular appro- Whereas the Parachute Test Platoon was minutes of debate, equally divided, on priations bills to be signed into law. authorized by the War Department on June the dairy issue; at 9:45 will be the clo- Mr. LOTT. I ask unanimous consent 25, 1940, to experiment with the potential use that the conference report be agreed of airborne troops; ture vote on the dairy amendment. to, the motion to reconsider be laid Whereas the Parachute Test Platoon was Following the vote, the Senate will re- upon the table, and any statements re- composed of 48 volunteers that began train- sume consideration of the pending Ag- lating to the conference report be ing in July, 1940; riculture appropriations bill. Amend- Whereas the Parachute Test Platoon per- ments and votes are expected through- printed in the RECORD. formed the first official Army parachute out tomorrow’s session of the Senate The PRESIDING OFFICER. Without jump on August 16, 1940; objection, it is so ordered. Whereas the success of the Parachute Test with the anticipation of completing ac- The conference report was agreed to. Platoon led to the formation of a large and tion on the bill. f successful airborne contingent serving from After that is completed, we could World War II until the present; have a vote on a nomination after some FOREIGN RELATIONS AUTHORIZA- Whereas the 11th, 13th, 17th, 82nd, and 101st period of debate, and then we would TION ACT, FISCAL YEARS 2000 Airborne Divisions and the numerous other turn to the Interior appropriations bill. AND 2001 regimental and battalion-sized airborne f Mr. LOTT. I ask unanimous consent units were organized following the success of the Parachute Test Platoon; ADJOURNMENT UNTIL 9 A.M. the Senate proceed to the consider- Whereas the 501st Parachute Battalion par- ation of Calendar No. 229, H.R. 2415. ticipated successfully and valiantly in TOMORROW The PRESIDING OFFICER. The achieving victory in World War II; Mr. LOTT. If there is no further busi- clerk will report the bill by title. Whereas the airborne achievements during ness to come before the Senate, I now The assistant legislative clerk read World War II provided the basis for con- ask unanimous consent the Senate as follows: tinuing the development of a diversified force of parachute and air assault troops; stand in adjournment under the pre- A bill (H.R. 2415) to enhance security of the vious order. United States missions and personnel over- Whereas paratroopers, glidermen, and air seas, to authorize appropriations for the De- assault troops of the United States were and There being no objection, the Senate, partment of State for fiscal year 2000, and for are proud members of the world’s most ex- at 8:15 p.m., adjourned until Wednes- other purposes. clusive and honorable fraternity, have day, August 4, 1999, at 9 a.m. earned and wear the ‘‘Silver Wings of Cour- Mr. LOTT. I ask unanimous consent age’’, have participated in a total of 93 com- f that all after the enacting clause be bat jumps, and have distinguished them- NOMINATIONS stricken and the text of S. 886 as passed selves in battle by earning 68 Congressional by the Senate be inserted in lieu there- Medals of Honor, the highest military deco- Executive nominations received by of. I further ask consent that the bill ration of the United States, and hundreds of the Senate August 3, 1999: be read the third time and passed, the Distinguished Service Crosses and Silver DEPARTMENT OF TRANSPORTATION motion to reconsider be laid upon the Stars; Whereas these airborne forces have per- MICHAEL J. FRAZIER, OF MARYLAND, TO BE AN AS- table. I further ask consent that the SISTANT SECRETARY OF TRANSPORTATION, VICE STE- formed in important military and peace- VEN O. PALMER, RESIGNED. Senate insist on its amendment, re- keeping operations, wherever needed, in DEPARTMENT OF COMMERCE quest a conference with the House, and World War II, Korea, Vietnam, Lebanon, the Chair be authorized to appoint con- GREGORY ROHDE, OF NORTH DAKOTA, TO BE ASSIST- Sinai, the Dominican Republic, Panama, So- ANT SECRETARY OF COMMERCE FOR COMMUNICATIONS ferees on the part of the Senate. malia, Haiti, and Bosnia; and AND INFORMATION, VICE CLARENCE L. IRVING, JR.

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DEPARTMENT OF THE INTERIOR FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED *KEITH E. KILGORE, 0000 BY AN ASTERISK (*) UNDER TITLE 10, U.S.C., SECTIONS *ROBERT F. LAND, 0000 DAVID J. HAYES, OF VIRGINIA, TO BE DEPUTY SEC- 624, 628, AND 531: *RICHARD E. LUND, 0000 RETARY OF THE INTERIOR, VICE JOHN RAYMOND *ROBERT C. LYONS, 0000 GARAMENDI, RESIGNED. To be colonel *JAMES J. MADDEN, 0000 *JO A. MANN, 0000 DEPARTMENT OF ENERGY MICHAEL L. COLOPY, 0000 STEVEN A. GABRIAL, 0000 *MARK B. NORDSTROM, 0000 IVAN ITKIN, OF PENNSYLVANIA, TO BE DIRECTOR OF STEVEN J. PECINOVSKY, 0000 *RICHARD R. PACANIA, 0000 THE OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGE- KEITH L. ROBERTS, 0000 *KRISTI P. PAPPAS, 0000 MENT, DEPARTMENT OF ENERGY, VICE DANIEL A. DREY- *JAMES E. PAULSON, 0000 FUS, RESIGNED. To be lieutenant colonel *JOE E. PEDERSON, 0000 *MARK A. PENFOLD, 0000 MARIO T. AVALOS, 0000 DEPARTMENT OF STATE *HARRY R. REED, JR., 0000 PETER J. BLOME, 0000 *CHARLES E. REYNOLDS, 0000 LARRY J. CHODZKO, 0000 EDWARD W. STIMPSON, OF IDAHO, FOR THE RANK OF *LEE E. RODGERS, 0000 DOUGLAS L. DURAND, 0000 AMBASSADOR DURING HIS TENURE OF SERVICE AS REP- *LUIS R. SCOTT, 0000 ALAAELDEEN M. ELSAYED, 0000 RESENTATIVE OF THE UNITED STATES OF AMERICA ON *DAVID K. SHURTLEFF, 0000 MARK E. ISRAELITT, 0000 THE COUNCIL OF THE INTERNATIONAL CIVIL AVIATION *PETER R. SNIFFIN, 0000 DANIEL E. JOHNSON, 0000 ORGANIZATION. *TIMOTHY E. SOWERS, 0000 CHARLES E. LATIMER, 0000 *TIMOTHY D. WALLS, 0000 THE JUDICIARY *RICHARD L. MILLER, 0000 *KEVIN B. WESTON, 0000 RONNIE E. NICKEL, 0000 GAIL S. TUSAN, OF GEORGIA, TO BE UNITED STATES *ROBERT H. WHITLOCK, 0000 JAMES A. ROMAN, 0000 DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF *STANLEY E. WHITTEN, 0000 JOHN T. STEHMAN, 0000 GEORGIA, VICE G. ERNEST TIDWELL, RETIRED. JOHN T. TRESEMER, 0000 RICHARD K. EATON, OF THE DISTRICT OF COLUMBIA, f TO BE A JUDGE OF THE UNITED STATES COURT OF To be major INTERNATIONAL TRADE, VICE R. KENTON MUSGRAVE, RETIRED. CHARLES G. BELENY, 0000 CONFIRMATIONS LORI L. EVERETT, 0000 DEPARTMENT OF THE JUDICIARY BENEDICT G. HEIDERSCHEDIT, 0000 Executive nominations confirmed by DEREK A. KNIGHT, 0000 KATHRYN M. TURMAN, OF VIRGINIA, TO BE DIRECTOR JOHN G. LINK, 0000 the Senate August 3, 1999: OF THE OFFICE FOR VICTIMS OF CRIME, VICE AILEEN EDMOND K. SAFARIAN, 0000 CATHERINE ADAMS. DEPARTMENT OF STATE BLAIN W. SECOR, 0000 IN THE ARMY EVELINE F. YAOTIU, 0000 MICHAEL A. SHEEHAN, OF NEW JERSEY, TO BE COORDI- NATOR FOR COUNTERTERRORISM, WITH THE RANK AND THE FOLLOWING NAMED ARMY NATIONAL GUARD OF IN THE ARMY STATUS OF AMBASSADOR AT LARGE. THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT S. GELBARD, OF WASHINGTON, A CAREER THE GRADE INDICATED IN THE RESERVE OF THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: AND FOR REGULAR APPOINTMENT AS CHAPLAIN (IDEN- CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- To be colonel TIFIED BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C. SEC- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TIONS 624, 531 AND 3064: OF AMERICA TO THE REPUBLIC OF INDONESIA. ROGER F. HALL, JR., 0000 WILLIAM B. TAYLOR, JR., OF VIRGINIA, FOR THE RANK JOHN R. HERRIN, 0000 To be major OF AMBASSADOR DURING TENURE OF SERVICE AS COOR- HOWARD E. HILL, JR., 0000 DINATOR OF U.S. ASSISTANCE FOR THE NEW INDE- *ERIC J. ALBERTSON, 0000 PENDENT STATES. THOMAS E. JOHNSON, 0000 *CARLETON W. BIRCH, 0000 ROBERT A. MARTINEZ, 0000 *RANDY L. BRANDT, 0000 NATIONAL COMMISSION ON LIBRARIES AND HENRY C. MC CANN, 0000 *DAVID B. CRARY, 0000 INFORMATION SCIENCE ALAN R. PETERSON, 0000 *OCTAVIO J. DIIULIO, 0000 TIMOTHY L. ROOTES, 0000 *JACK E. DIXON, 0000 JACK E. HIGHTOWER, OF TEXAS, TO BE A MEMBER OF ARNOLD H. SOEDER, 0000 *ORLANDO R. FULLER, 0000 THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- STEPHEN C. TRUESDELL, 0000 *MARC S. GAUTHIER, 0000 MATION SCIENCE FOR A TERM EXPIRING JULY 19, 2004. PAUL K. WOHL, 0000 *JEFFREY J. GIANNOLA, 0000 (REAPPOINTMENT) IN THE AIR FORCE *JOHN W. GRIESSEL, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT *KENNETH R. HARRIS, 0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT *JAMES C. HARTZ, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY TO THE GRADES INDICATED IN THE UNITED STATES AIR IRA C. HOUCK III, 0000 CONSTITUTED COMMITTEE OF THE SENATE.

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ADDRESS OF JOHN BRADEMAS TO of John Brademas at a Forum To Launch a Japan-U.S. Business and Economic Studies, LAUNCH A DEMOCRACY FOUNDA- Democracy Foundation in Spain an Onassis Center for Hellenic Studies, a TION IN SPAIN There are several reasons I was pleased to Casa Italiana and a Department and Hebrew accept the invitation to take part in this con- and Judaic Studies. HON. TIM ROEMER ference to mark the launch of the ``ComisioÂn Finally, given my own interest in Spain and OF INDIANA EspanÄoa de Apoyo a la Democracia.'' that Spanish is now the second language of In the first place, Spain has been especially the United StatesÐindeed, 25 percent of the IN THE HOUSE OF REPRESENTATIVES important in my own life. I first came to this people in New York City speak SpanishÐI de- Tuesday, August 3, 1999 country nearly fifty years ago as a student at cided to move on the frente espanÄol! Mr. ROEMER. Mr. Speaker, because Con- Oxford University where I produced a doctoral In 1983 I awarded his first honorary degree gress is now debating legislation to continue dissertation on the anarcho-syndicalist move- to His Majesty, King Juan Carlos I of Spain, funding the National Endowment for Democ- ment in Spain from the mid-1920s through the and established a caÂtedra in his name under racy (NED), I wish to draw to the attention of first year of the Spanish Civil War. which there have come to NYU, as visiting my colleagues a most compelling address de- Essential to my research on the professors, some of the world's leading au- livered on July 7, 1999 in Ibiza, Spain, by the ConfederacioÂn Nacional del Trabajo were thorities on modern Spain, including Francisco chairman of the board of NED. He is one of interviews in Paris, Toulouse and Bordeaux Ayala, JoseÂ Ferrater Mora, John Elliott, JoseÂ my most distinguished predecessors as the with Spanish anarchists in exile, such as the MarÂõa Maravall, Hugh Thomas, Eduardo U.S. Representative in Congress of the Third remarkable Federica Montseny and Felipe Subirats, Jon Juaristi, Estrella de Diego and Congressional District of Indiana that I am AlaÂiz, one of the founders of the FederacioÂn my own Oxford dissertation advisor, Raymond now privileged to represent, the Honorable Anarquista IbeÂrica. Carr. John Brademas. While at Oxford, I several times visited Bar- KING JUAN CARLOS I OF SPAIN CENTER As those of you who served with John celona where I met one of the leaders of the In 1997, in the presence of Their Majesties, Brademas know, he was for 22 years (1959± democratic Socialist underground who went on King Juan Carlos and Queen Sofia, and of the 1981), an active and productive Member of to positions of great responsibility in this coun- First Lady of the United States, Hillary the Committee on Education and Labor. In his try, Joan ReventoÂs Carner, now the distin- Rodham Clinton, we dedicated the King Juan last four years as a Member of Congress, guished President of the Parliament of Carlos I of Spain Center, devoted to the study John Brademas was, by appointment of Catalonia, even as I recall, in 1952, lunching of modern Spain and the Spanish-speaking Speaker Thomas P. (``Tip'') O'Neill, Jr., the with the monks at Montserrat and listening to world. House Majority Whip. their caustic comments on both General Fran- In the relatively brief life of the Center, we On leaving Congress, Dr. Brademas be- co and certain Bishops of the Church of have developed an intensive program of activi- came president of New York University, the Spain. ties. We have been honored by visits of the nation's largest private university, a position in Although this is my first visit to Ibiza, I today former Prime Minister of Spain, Felipe which he served for 11 years (1981±1992). recall having in 1952 in Mallorca had tea with GonzaÂlez, and his successor, JoseÂ Maria Now president-emeritus, Dr. Brademas is also the famed British writer, Robert Graves, and Aznar. Last year, under the leadership of the chairman, by appointment from President Clin- my wife and I were pleased only this week to distinguished former Mayor of Barcelona, ton, of the President's Committee on the Arts have spent some time in Palma. Pasqual Maragall, we conducted a forum on and the Humanities. SERVICE IN CONGRESS the future of cities. Among those participating Dr. Brademas, a graduate of Harvard Uni- As all of us here are by definition engaged were the Mayors of Barcelona, Joan Clos; versity, wrote his doctoral dissertation at Ox- in politics, I should tell you that in 1958, five Sevilla, Soledad Becerril; Santiago de ford University, where he was a Rhodes years after leaving Oxford to return to my Compostela, Xerardo EsteÂvez; and of Scholar. His subject was the anarcho-syndi- hometown in Indiana, I was on my third at- Santiago de Chile; Cuauhtemoc CaÂrdenas of calist movement in Spain from the 1920s tempt elected to the Congress of the United Mexico City; Rio de Janciro; New York City; through the first year of the Spanish Civil War. States where I served for twenty-two years, all Indianapolis and San Juan, Puerto Rico. In 1997, in the presence of Their Majesties on the committee with responsibility for legisla- In September the King Juan Carlos Center King Juan Carlos and Queen Sofia of Spain, tion affecting education. conducted a symposium on ``Twenty Years of and the First Lady of the United States, Dr. In 1980 I led a delegation of Congressmen Spanish Democracy'', with eminent intellec- Brademas dedicated the King Juan Carlos I of to visit Spain where, at Moncloa, we talked tuals from Spain joining American scholars. Spain Center at New York University. This with Prime Minister Adolfo SuaÂrez, then in The conference included such persons as Center is devoted to the study of modern Barcelona visited the campaign headquarters Javier Tussell, Charles Powell, Juan Linz, Vic- Spain and the Spanish-speaking world. of the two candidates seeking, in the first post- tor PeÂrez-DÂõaz and JoseÂ Pedro PeÂrez-Llorca On July 7, 1999, Dr. Brademas delivered an Franco free election, the presidency of the and featured addresses by the new United address at a forum in Ibiza, Spain, where rep- Generalitat of Catalonia. Their names were States Ambassador, Eduardo Romero, and resentatives of the two major Spanish political Jordi Pujol and Joan ReventoÂs Carner. the distinguished Foreign Minister of Spain, parties, including Abel Matutes, Spanish Min- Later that year, seeking my 12th term, and Abel Matutes, whose consistency, I am well ister of Foreign Affairs, announced the estab- a Democrat, was defeated in Ronald Reagan's aware, is Ibiza. lishment of the ``Spanish Commission to Sup- landslide victory over President Jimmy Carter, In November I was in Buenos Aires, speak- port Democracy,'' a Spanish counterpart of our My mother thought the loss fortuitous for ing at the National Academy of Education in National Endowment for Democracy. shortly thereafter I was invited to become Argentina and the University of Buenos Aires Speaking in Spanish, Dr. Brademas said, president of New York University, the largest while in December I was here in Spain, to ``The fact of a common language and cultural private university in the United States. speak at the University of AlcalaÂ, in AlcalaÂ de heritage, combined with the Spanish experi- During my 11 years as president of NYU, as Henares, birthplace of Cervantes. ence of transition from authoritarianism to de- we call it, I think it's fair to say that we trans- In April I was in CaÂdiz, birthplace of the mocracy, afford the new Spanish Commission formed the institution from a regional com- Constitution of 1812, for nearly two centuries unique ways to champion the democratic muter school into a national, indeed inter- an inspiration to peoples throughout the world cause in Spanish-speaking America. Although national, residential research university. who cherish the principles of democracy, free- every country in Latin America is at least In fact, one of my major commitments as dom and the protections of constitutional gov- semi-democratic, democratic institutions are NYU's president was to strengthen our capac- ernment. fragile or even weakening.'' ity for teaching and research about other In all these places, I took note of the rising Mr. Speaker, I submit the text of Dr. countries and cultures. During my tenure, New importance in the United States of Spanish Brademas' address in Spain.***HD***Address York University established a Center on speakers, now some 28 millionÐand urged

∑ 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. E1722 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 that even as we have been forging, with in- sibilityÐuse whatever word you likeÐto join prevent an economic meltdown, political re- creased investment in Latin America by Span- the National Endowment for Democracy, the form appears imperative if Brazil is to avoid a ish business firms and continuing U.S. invest- Westminster Foundation and other democ- renewed descent into crisis and ment there, a ``triangular'' economic relation- racy-promoting organizations in contributing to ungovernability.'' 2 ship, so, too, we should develop what I would that cause. Of Venezuela and of the recent presidential call ``triangular'' relationships among univer- I am especially impressed that representa- election, ``the future of democracy now seems sities in the United States, Latin America and tives of the major Spanish political parties are in doubt . . .'' 3 Spain. cooperating to that end even as, in the United So from what I've said, you will understand States, the National Endowment for Democ- Again, ``. . . In the wake of President why I rejoice at the opportunity to be back in racy was the product of collaboration between Alberto Fujimori's 1992 autogolpe, Peru's tra- Spain. a Republican President, Ronald Reagan, and ditional political parties have been decimated, But there is another reason I'm pleased to a Congress controlled in both chambers by and the democratic opposition remains weak 4 participate in this conference. For over two the Democratic Party. and narrowly based . . .'' decades, as I have said, I was a working poli- Now having been coming to Spain since be- Another comment: `À more heartening story ticianÐfourteen times a candidate for election fore some of you here were born, I have ob- comes from Paraguay, where the murder of to the Congress of the United States, winning served at first hand the transition that Span- the vice-president galvanized an outpouring of eleven and losing three campaigns. iards have made from an authoritarian regime popular indignation that ultimately forced the So I am deeply devoted to the processes of to democracy. resignation of President Raul Cubas . . .'' 5 The drama of that transition is exciting and democracy and that my late father was born in PRESIDENT CARTER'S FORUM GreeceÐI was the first native-born American one of which Spaniards can be justly proud. At of Greek origin elected to CongressÐen- the same time, you and I know that Spain has Here I note that last May I was in Atlanta, hanced that commitment. still much work to do to ensure that the institu- Georgia, to take part in a forum convened by former President Jimmy Carter who brought NATIONAL ENDOWMENT FOR DEMOCRACY tions of democracy in your country are func- For the last several years, however, I've had tioning as they should and that all the peoples together former presidents and prime ministers a direct involvement with an entity dedicated of Spain are effectively engaged in the demo- from Latin America to discuss issues of trans- to encouraging democracy in countries that do cratic process. parency, corruption and political reform in the I add that I have just read a splendid new not enjoy it. region. I speak of the National Endowment of De- book that I commend to you as a history of In Argentina and Mexico, as we are all the Spanish transition and an articulation of mocracy, established in 1983 by a Republican aware, corruption scandals at the highest lev- the challenges ahead. The book, by my friend, President, Ronald Reagan, and a Democratic els of government have commanded the atten- the distinguished Spanish scholar, Victor Congress. NED, as we call it, is a non-govern- tion of observers all over the world. Indeed, I PeÂrez-Diaz, is entitled, Spain at the Cross- mental organization, albeit financed with gov- think you will agree that the issue of corruption roads: Civil Society, Politics and the Rule of ernment funds, that makes grants to private today is far more visible than it has ever been. Law, to be published in September by Harvard organizations in other countries, organizations I myself am active in the organization, Trans- University Press. parency International, founded several years struggling to develop free and fair elections, I hasten to say that we in the United States ago, for the express purpose of combating independent media, independent judiciary and have challenges to our own political system. corruption in international business trans- the other components of a democratic society. For example, far too few eligible citizens even action. I am pleased that the able President of bother to vote, and the scramble for huge NED, Carl Gershman, will take part in our dis- sums of money to finance electoral campaigns Obstacles to genuine democracy in Latin cussions in Ibiza later this week. is an ongoing threat to the integrity of the America include, in too many countriesÐPeru In light of developments in Kosovo, I must American democracy. is a blatant exampleÐof a rubber-stamp Con- note that last March I joined a colleague in the In any event, I believe that Spain, and gress and a judiciary controlled by the execu- United States and several in Europe to create Spanish political parties in particular, can offer tive. what we are calling a Center for Democracy lessons of immense value to other parts of the In many Latin American countries, on the and Reconciliation in Southeast Europe, the world where democracy is under siege. other hand, we have seen the development of Balkans. I have already noted Spanish leadership in lively and vigorous non-governmental organi- Based in Salonika, the Center is governed Southeast Europe. You here will much better zations, essential to a flourishing civil society by persons, the majority of whom are from the know than I the opportunities for Spain in pro- which, in turn, is indispensable to an effective region itself. moting democracy in North Africa, in Algeria democracy. We know that the task of building democ- and Morocco. racy in that troubled part of Europe will be The region to which, it seems to me, in the I must note another Journal of Democracy daunting and require not months but years. century soon to begin, democratic Spain has article whose author, Professor Scott Yet we want at least to plant the seeds of free now an opportunityÐindeed, a particular re- Mainwaring of the University of Notre Dame and democratic institutions in the Balkans. sponsibilityÐto assist democracy, is Latin (in the district I once represented in Congress) I think it significant in this respect that sev- America. reminds us that although `Ìn 1978, the outlook for democracy in Latin America was bleak eral eminent Spanish leaders have been play- THE DEMOCRATIC CAUSE IN LATIN AMERICA ing significant roles in pursuing this same ob- First, I think it obvious that the fact of a . . ., [t]he situation has now changed pro- jective. I cite here, to illustrate, Felipe common language and cultural roots combines foundly in the last two decades. By 1990, vir- GonzaÂlez, Javier Solana, Carlos Westendorp with Spain's experience of democratic transi- tually every government in the region was ei- 6 and Alberto Navarro, Director of ECHO, the tion to afford Spain unique gateways to cham- ther democratic or semidemocratic. .. .'' European Community Office for Human As- pion the democratic cause in Latin America. Mainwaring observes that since 1978, ``The sistance. Here let me take as a point of reference a increase in the number of democracies in This observation brings me to the third and series of articles on ``Latin America's Imperiled Latin America has been dramatic, and the de- final reason I'm pleased to be here. As a Progress'' in the latest issue of the Journal of mise of authoritarianism even more so'',7 but sometime scholar, practicing politician and uni- Democracy, the quarterly published by the Na- lists two countries ``where democracy has lost versity president, I have pursued careers cen- tional Endowment for Democracy. For the ground: Venezuela and arguably, Colom- tral to which has been the connectionÐor lack thread that runs through most of these essays bia. .. .'' 8 thereofÐbetween ideas and action. For the is that although ``[e]very country except Cuba Mainwaring adds that despite often dismal purpose of this forum is to consider how the is now at least a semidemocracy . . . in many economic performance and continued political parties of modern, democratic Spain countries democratic institutions are fragile or presidentialism, a number of Latin American can, working together, help translate the idea even weakening.'' 1 countries with elected governments have sur- of democracy into reality in places of the world The Journal of Democracy offers several vived. where the institutions of self-government either analyses characterized by such comments as do not exist or are struggling to survive. these: CHALLENGES TO DEMOCRACY IN LATIN AMERICA ``DEMOCRATIC SPAIN HAS A DEMOCRATIC VOCATION'' `` . . . [In] Brazil . . . in spite of President What then are the challenges to effective The thesis of my remarks today is simple Fernando Henrique CardosoÂ's valiant efforts to democracy in Latin America, democracy that and straightforward. It is that democratic Spain goes beyond the characteristic, essential but has a democratic vocation, a calling, a respon- Footnotes follow address. not sufficient, of `èlected government''? CONGRESSIONAL RECORD — Extensions of Remarks E1723 I can do no better in listing these challenges tions from authoritarianism, of the consolida- Patrol Officer Joan Honebein on her retire- than by referring to the testimony, on June 16, tion of democratic regimes. ment from twenty-five years of service to the 1999, before the Committee on International WORDS OF KING JUAN CARLOS I residents of the 13th Congressional District. Relations of the United States House of Rep- Allow me to conclude these remarks with Officer Honebein began her career with the resentatives, of the Senior Program Officer for words spoken at my university just sixteen Union City Police Department in 1974 when Latin America and the Caribbean of the Na- years ago by a distinguished foreign visitor. she was assigned to the patrol division. She tional Endowment for Democracy, Christopher Upon receiving the degree of doctor of laws, was one of the first female patrol officers in Sabatini. honoris causa, our guest spoke of the new South County. Joan, like every other officer, All the areas cited by Dr. Sabatini are ones challenges posed by society and of the role of was responsible for handling a beat within to which the United States, other countries, what he called the ``humanistic vocation'' in Union City. international organizations and, I am asserting, meeting those challenges. Said our eminent In 1977, Joan was selected to be the direc- especially Spain, can make a significant, and honoree: ``For all of us, professors, students, tor of the Youth Services Bureau. She super- positive, contribution: citizens and rulers, the adaptation of . . . vised two youth and family counselors at Strengthening the rule of law and enhancing structures to a world in which universal values Y.S.B. and served as the Union City Police citizen access to the judicial system. The ad- of freedom, equality and justice prevail, must Department's Juvenile Officer until 1984. ministration of justice is weak in most coun- be a task of high priority. It is a mission that In 1984, Officer Honebein returned to the tries of Latin America. justifies any sacrifice, and must inspire our will patrol division to resume the duties of patrol Fighting corruption. This means finding and our imagination.'' officer and the responsibility of a beat. Joan ways in which civil society can press elected The speaker at New York University was, of remained a patrol officer until 1992 when she officials for public access to information and course, His Majesty, King Juan Carlos I, and was selected to be the Court Liaison and Ju- can work to increase the transparency and ef- his words in December 1983 eloquently invoke venile Detective. As a Court Liaison it was fectiveness of election and campaign finance the spirit that draws us together today. Joan's responsibility to take all pending court laws. I congratulate all of you on your historic cases to the District Attorney's officer for re- Building democratic political parties. Estab- achievement in creating the ``ComisioÂn view by the District Attorney. As the Juvenile lishing viable and representative political par- EspanÄola dÂe Apoyo a la Democracia'' and Detective, she handled all juvenile cases re- ties is essential to democratic participation, wish you well. ferred to her by the patrol division. In 1997, governance and stability in Latin America. Joan returned to the patrol division once again Battling crime. The democratic solution to FOOTNOTES 1 ‘‘Latin America’s Imperiled Progress, Journal of as a patrol officer responsible for a beat. rising crime requires improving the criminal Democracy, vol. 10, no. 3, July 1999, p. 33. Joan has been a member of several Union justice system, bolstering the police and in- 2 Ibid. City Police Officers Association Executive volving civil society groups both to combat 3 Ibid. Boards, rising to the rank of Vice-President. crime and check state encroachment on civil 4 Ibid. 5 Ibid. She was also a member of the Union City liberties. 6 ‘‘The Surprising Resilience of Elected Govern- Lions Club for many years and is a past Presi- Improving civil-military relations. Both civil- ments,’’ Journal of Democracy, vol. 10, no. 3, July dent. She has volunteered for many of the ians and military leaders need to understand 1999, p. 101. projects sponsored by the Lions Club in Union their respective responsibilities. The armed 7 Ibid., p. 103. 8 Ibid., p. 106. City. forces should be educated on their roles and f In 1998, Joan was voted Officer of the Year duties in a democracy. by the members of the Union City Police Offi- Defending freedom of the press. Liberty of RECOGNIZING SHIRLEY LOCKE cers Association in recognition of her willing- expression is fundamental to a transparent, ness to go the extra mile when providing serv- democratic system but such freedom is under HON. JOHN SHIMKUS ice to the citizens of the community. It was a attack in Latin America. Each country must OF ILLINOIS fitting tribute to an excellent career. develop a national network to defend a free- IN THE HOUSE OF REPRESENTATIVES On August 20, 1999 the Union City Police dom indispensable to genuine democracy. Officer's Association will honor Officer Pressing economic growth and reducing in- Tuesday, August 3, 1999 Honebein at a recognition dinner. I would like equality of incomes. The wide gap between Mr. SHIMKUS. Mr. Speaker, I would like to to join them in expressing my appreciation for rich and poor in Latin America is a continuing take this time to thank Vandalia resident Shir- her hard work and dedication. I wish her suc- threat to democratic development there. ley Locke who has selflessly volunteered at cess in all her future endeavors. Modernizing local governments. Decen- the Fayette County Hospital's long-term care f tralization of resources and responsibilities can unit for the last 23 years. As a volunteer, 64- better serve citizens but only if accompanied year-old Shirley Locke works seven days a RETIREMENT OF ROGER W. PUT- by measures to ensure local levels of account- week for five to nine hours a day calling bingo, NAM, PRESIDENT OF THE NON ability. serving coffee, and going on outings with the COMMISSIONED OFFICERS ASSO- I add, by way of generalization, that it patients. ``She's here more often than any CIATION seems to me imperative, if democratic institu- other volunteer'', Shelly Rosenkoetter, activi- tions are to take root and flourish in Latin ties director for long-term care, said. ``We HON. BOB STUMP America, legislative bodies and judicial sys- don't know what we'd do without her.'' OF ARIZONA tems must, like the media, be independent of Shirley wouldn't trade her volunteer work for IN THE HOUSE OF REPRESENTATIVES control by the executive branch of govern- anything. `Ì just wanted something to do,'' she Tuesday, August 3, 1999 ment. said. `Ìt's like a second home to me. I'm going ROLE OF UNIVERSITIES IN STRENGTHENING DEMOCRACY to do it as long as I can.'' I think it is great to Mr. STUMP. Mr. Speaker, I rise today to In all these respects, I take the further lib- see people like Shirley who are willing to vol- pay tribute to an outstanding American, a true erty of suggesting, I believe there are potential unteer long hours to lend a hand to the people patriot, and veteran of the Armed Forces of contributions to the development of democracy of her community. the United States. On August 31, 1999, Roger to be made by universities. Institutions of high- f W. Putnam will retire from his position as er learning can play a valuable role in president and chief executive officer of the strengthening democracy. As two respected IN HONOR OF OFFICER JOAN Non Commissioned Officers Association. On scholars, Jorge BalaÂn of the Ford Foundation HONEBEIN AND HER 25 YEARS that date, Roger Putnam will bring to a close and Daniel C. Levy of the State University of OF SERVICE TO THE RESIDENTS more than 40 years of service to the Nation New York at Albany, have insisted, in shaping OF UNION CITY, CA and military members and veterans. an agenda for research on higher education A retired U.S. Army Command Sergeant policy in Latin America, it is not enough to HON. FORTNEY PETE STARK Major, Roger Putnam's military service was in- focus on modernization. Although, they argue, OF CALIFORNIA deed distinguished and varied. He originally political economics, public policy-making, man- IN THE HOUSE OF REPRESENTATIVES entered the Air Force in 1949 and served until agement and leadership are all legitimate sub- his discharge in 1952. He continued his public jects for university courses, they do not suf- Tuesday, August 3, 1999 service as a Detroit police officer before re- fice. Universities must also look to the study of Mr. STARK. Mr. Speaker, I would like to turning to the Army in September 1961. Dur- democracy, of civil society, freedom, of transi- take this opportunity to honor and congratulate ing the ensuing 24 years, he rose through the E1724 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 enlisted ranks to Command Sergeant Major in U.S.S. Kitty Hawk. While serving as navigator, them international recognition from the Rus- various assignments overseas, including and later as the executive officer, aboard the sian College of Heraldry as well as the Japan, Ethiopia and Germany, and within the U.S.C. Kitty Hawk, Captain Rollins performed Diccionario de Ordens de Caballeria y United States. He is a combat veteran of both honorably in Somalia, the Persian Gulf, and Corporaciones Nobilares in the Kingdom of the Korean and Vietnam Wars. Among numer- Korea. He was awarded the Legion of Merit, Spain. Closer to home they have been hon- ous campaign and service awards, Roger four Meritorious Service Medals, the Navy ored and formally recognized by a Resolution earned the Silver Star for gallantry in action, Commendation Medal, and the Navy Achieve- of the New Jersey State Senate and count our Legion of Merit with Oak Leaf Cluster, Bronze ment medal. Governor, Christine Todd Whitman, among Star Medal with 1st Oak Leaf Cluster and Air In April of 1996, while serving as the com- their well wishers. Governor Whitman has ob- Medal (5th Award). Roger also earned and is manding officer of Naval Air Station Miramar, served that ``the principles of chivalry are as entitled to wear the Master Aircraft Crewman home of the famed Top Gun aviation aggres- relevant today as ever before'' and expressed Badge. sor school, he was selected as the Chief of her hope that the Order's `èfforts to preserve Roger is the Past President of the Enter- Staff for Commander, Navy Region South- the notion of chivalry are rewarded by a re- prise Alabama Rotary Club and has been rec- west. It was there that he was instrumental in newed commitment to these values throughout ognized by the Rotary International as a Paul the formulation and implementation of a re- society.'' Harris Fellow. He is a Past Chairman of the gionalization plan which involved over 65,000 Mr. Speaker, I join with Governor Whitman Commanding General's Retiree Council, Fort personnel and four full-scale Naval bases. In in the fervent desire that the knightly works of Rucker, Alabama, and has served on the addition to consolidating and incorporating the Order of the Noble Companions of the Board of Directors of the Enterprise Chamber commands throughout San Diego, he estab- Swan shall continue to serve as an example of Commerce and the Army Aviation Museum lished the Navy's first regional business office of virtue in a modern world desperately in Foundation. Roger also served as vice presi- and developed business strategies which have need of a moral compass. I would call upon all dent of the Community Bank and Trust at Fort become standard throughout the Navy-wide of our citizens to aspire toward the traditional Rucker and Enterprise, Alabama. regionalization plan. His effective and efficient virtues embodied in this noble Order. In March 1998, the NCOA International tactics have saved the Navy countless millions f Board of Directors elected Roger to his current of dollars as it undergoes drastic changes na- office as President and Chief Executive Officer tionwide. His management skills, foresight, RECOGNIZING FORMER U.S. of the Association. This position was preceded and exceptional communication skills allowed SPEAKER OF THE HOUSE THE by membership on the International Board of him to gain widespread support for Navy oper- LATE HENRY T. RAINEY Directors since 1983, including service as its ations throughout the community. Chairman, and as NCOA's Vice President for Captain Rollins remarkable contributions to HON. JOHN SHIMKUS Field Membership Development. San Diego County, the United States Navy, OF ILLINOIS Mr. Speaker, veterans of all eras, indeed all and our country speak to his intellect, his pro- IN THE HOUSE OF REPRESENTATIVES Americans, have benefited from the magnifi- fessional drive, and his relentless pursuit of Tuesday, August 3, 1999 cent service that Roger Putnam has so unself- excellence. I wish him the very best success ishly given to the Nation. I know that his lead- as he starts a new chapter in his life. Con- Mr. SHIMKUS. Mr. Speaker, I would like to ership will be missed within the Non Commis- gratulations and, as always, ``fair winds and take this time to recognize the extraordinary sioned Officers Association and veterans' or- following seas.'' work of Carrollton's home town hero, former ganizations as well. Mr. Speaker, I am hon- f Speaker of the House Henry T. Rainey. A me- ored to stand before the people's House and morial to the famous resident will hang in the salute Roger for a job exceedingly well done. RECOGNIZING THE ORDER OF THE new visitors center in Alton. ``Rainey put the Thanks for your service, Roger, and may your NOBLE COMPANIONS OF THE Alton area into the world trade and transpor- days ahead be filled with happiness, pros- SWAN tation market by pushing an appropriation perity and health. through the U.S. House to build Locks and f HON. BOB FRANKS Dam 26 in Alton in 1938,'' Greene County his- OF NEW JERSEY torian Phil Alfred said. Rainey worked closely A TRIBUTE TO CAPTAIN BRYAN L. IN THE HOUSE OF REPRESENTATIVES with President Roosevelt during the depres- ROLLINS sion until his sudden death in 1934. Tuesday, August 3, 1999 Although Rainey served in Congress for thir- HON. RANDY ‘‘DUKE’’ CUNNINGHAM Mr. FRANKS of New Jersey. Mr. Speaker, ty years and became one of the most powerful OF CALIFORNIA in these troubled times of misguided values, speakers in the history of the U.S. House, he IN THE HOUSE OF REPRESENTATIVES when good is often called evil and evil called never forgot his roots in Carrollton. He always good, our nation cries out for examples of came back to his farm to visit the people of Tuesday, August 3, 1999 genuine virtue from which our citizens may his home town. My colleague Congressman Mr. CUNNINGHAM. Mr. Speaker, I would take inspiration. That is why I am proud that JERRY COSTELLO and I are extremely proud of like to take this opportunity to express my my home State of New Jersey is the head- the residents of the Alton area for taking pride gratitude for the exceptional services which quarters of the Order of the Noble Compan- in their community and honoring a great man. Captain Bryan L. Rollins, U.S. Navy, has per- ions of the Swan; an international order of f formed for the United States and for the coun- Christian chivalry dedicated to perpetuating ty of San Diego. Captain Rollins' selfless de- traditional virtues in the modern world in mem- IN HONOR OF SERGEANT JAMES votion and patriotic performance make him a ory of those Soldiers of the Cross who em- SUK AND HIS 28 YEARS OF truly admirable American and one deserved of barked upon the First Crusade with Godfrey SERVICE TO THE RESIDENTS OF recognition by this body. It is for his out- de Bouillon to free the Holy Sepulcher. UNION CITY, CA standing service to our Nation and its citizens Under the leadership of their Grand master, that I wish to congratulate and thank Captain William Anthony Maszer of North Brunswick, HON. FORTNEY PETE STARK Rollins. New Jersey, who is a hereditary prince of OF CALIFORNIA Captain Rollins has had an impressive Alabona-Ostrogojsk and Garama, the Order of IN THE HOUSE OF REPRESENTATIVES Naval career with each assignment more de- the Noble Companions of the Swan has been manding and more impressive than the last. raised to the high and noble estate of knight- Tuesday, August 3, 1999 He served aboard the U.S.S. Constellation as hood amongst Christian chivalry. The mem- Mr. STARK. Mr. Speaker, I would like to the chief staff officer of Carrier Air Wing 14 bers of the Order have sworn solemn knightly take this opportunity to honor Sergeant James with deployments to both the Western Pacific vows to bring chivalric virtues into the modern Suk, a dedicated member of the Union City and Indian Ocean through 1987. In November world by preferring honor to worldly wealth, by Police Department. Sergeant Suk recently re- of 1990 Captain Rollins assumed duties as being just and faithful in words and deeds and tired from service after twenty-eight years of commanding officer of the Sun Downers and by serving as guarantors of the weak and service, and will be honored by the Union City was deployed once again to the Indian Ocean humble through their private acts of mercy and Police Department at a dinner on August 20, and to the Western Pacific. He amassed over charity. 1999. 3,000 hours and more than 800 carrier land- The exemplary efforts of the Order of the Officer Suk began his law enforcement ca- ings aboard the U.S.S. Carl Vinson and the Noble Companions of the Swan have brought reer in Union City as a Patrol Officer in 1968, CONGRESSIONAL RECORD — Extensions of Remarks E1725 just two years after the Union City Police De- Jicarilla Site'' to San Juan College to better ness to work with me to ensure these funds partment was formed. For the first six years of serve the surrounding community by offering won't be used to take any land off the tax his career, Jim worked as a regular beat offi- new programs that meet the needs of that rolls. These dollars will only be used to im- cer handling calls for service. During this time, community. In addition, the facilities would be prove education, health care and economic he also worked in the Traffic Section and as available to other civic organizations such as opportunities for the tribe and the areas sur- a detective in the Investigations Section. the Scouts and the Boys and Girls Club. rounding the reservation. In 1974, Jim was promoted to the rank of This legislation creates a situation in which Again, I encourage all of my colleagues to Police Sergeant and was assigned to the Pa- the federal government, the State of New help me bring to an end a decades-long legal trol Division as a Watch Commander. He was Mexico, the people of San Juan County, and struggle and also provide much-needed finan- the first director of the Youth Services Bureau. most importantly, the students and faculty of cial assistance to one of the most impover- He also supervised the Investigations and Ju- San Juan College all benefit. I would like to ished areas of my Congressional District. venile Sections. Jim's many assignments have thank Dr. Henderson, Ms. Marjorie Black, Ex- included supervision of the Reserve Police Of- ecutive Assistant to the President, and the f ficer Program, the Prisoner Transportation Staff of San Juan College, the Forest Service Section, and the Crime Scene Technicians. and the Bureau of Land Management for their HONORING NEW BELGIUM During his long tenure at the Union City Po- hard work directed towards making this trans- BREWERY lice Department, Jim worked for every Chief of fer a reality. In addition, I would like to thank Police the department has had, and is one of Representative WILSON for her support as well HON. BOB SCHAFFER the first Police Officers to retire. as my New Mexico colleagues in the Senate; OF COLORADO Each year, members of the Union City Po- Senator BINGAMAN, and in particular, Senator lice Officer's Association vote one outstanding DOMENICI for beginning this effort in the last IN THE HOUSE OF REPRESENTATIVES officer as Officer of the Year. In 1996, the Congress and for continuing his efforts again Tuesday, August 3, 1999 honor was awarded to Sergeant James Suk. It this Congress. was an appropriate recognition for a career of f Mr. SCHAFFER. Mr. Speaker, I rise today exemplary performance. to honor a unique entrepreneurial enterprise in James genuinely cares about the people FOR THE RELIEF OF GLOBAL EX- the Fourth Congressional District of Colorado, with whom he works. He has taken many new PLORATION AND DEVELOPMENT The New Belgium Brewing Company of Fort officers under his wing and help guide them in CORPORATION, KERR—McGEE Collins. Recently I visited the brewery and saw their careers. He is well respected by both his CORPORATION, AND KERR— firsthand the innovation that is the key to this peers and the officers he supervises. MCGEE CHEMICAL, LLC successful company. Employees participate, The city will be honoring Sergeant Suk at a manage, and run the business providing a retirement dinner on August 20, 1999. I would SPEECH OF stimulating and diversified job experience, and like to join them in applauding his hard work HON. MARK GREEN a competitive, first-rate product. and dedication. He has a fine record of ac- OF WISCONSIN Mr. Speaker, the New Belgium Brewery re- complishments and is an inspiring example of IN THE HOUSE OF REPRESENTATIVES cently received the distinguished honor of the citizenship. I wish Sergeant Suk the best in all 1999 Ernst & Young Rock Mountain Entre- Monday, August 2, 1999 his future endeavors. preneur of the Year Award in the manufac- f Mr. GREEN of Wisconsin. Mr. Speaker, I turing category, and also won the `èmerging rise today to encourage my colleagues to join entrepreneur'' category in the past. Their out- OLD JICARILLA ADMINISTRATIVE me in supporting the passage of S. 606. put increased 31 percent in 1998, maintaining SITE Among other matters already discussed, S. their prominence within the competitive market 606 authorizes the U.S. government to finally of micro brewers. SPEECH OF make good on a $32 million court settlement I hereby commend the success of this out- HON. TOM UDALL with the Menominee Indian Tribe in my district. standing Colorado entrepreneurial company, OF NEW MEXICO The history of this settlement can be traced to New Belgium Brewing Company of Fort Col- IN THE HOUSE OF REPRESENTATIVES 1954, when the federal government terminated lins, Colorado. the tribe's federal trust status and the Bureau Monday, August 2, 1999 of Indian Affairs grossly mismanaged many of f Mr. UDALL of New Mexico. Mr. Speaker, the tribe's assets. H.R. 695 would direct the Secretary of the In- In 1967, the tribe filed a lawsuit in federal RECOGNIZING KEVIN ANDERSON terior to convey approximately twenty acres of court challenging this termination and seeking OF GODFREY, ILLINOIS real property and improvements at an aban- damages. After decades of litigation, in 1993 doned and surplus ranger station administra- Congress passed a congressional reference HON. JOHN SHIMKUS tive site in San Juan County, New Mexico to directing the U.S. Claims Court to determine San Juan College in Farmington, New Mexico. what damages, if any, were owed to the tribe. OF ILLINOIS The Forest Service has determined that the In August of last year, more than three dec- IN THE HOUSE OF REPRESENTATIVES `Òld Jicarilla Site,'' as the site is known, is of ades after the initial suit was filed, the tribe fi- Tuesday, August 3, 1999 no further use because the Forest Service nally settled its claim against the federal gov- moved its operations to a new administrative ernment for $32 million. Mr. SHIMKUS. Mr. Speaker, I would like to facility in Bloomfield, New Mexico several As the members of this House are aware, take this time to recognize the artistic talent years ago. In fact, the site has been unoccu- Congress must authorize the payment of this possessed by Kevin Anderson of Godfrey, Illi- pied for several years. court settlement before any U.S. funds can be nois. Kevin's painting of a red woodpecker has The College would pay for all lands to be released. The court has done its job and the been chosen as one of the ten pieces to be conveyed in accordance with the Recreation tribe has waited long enough Now it is time for featured in the Illinois Audubon Society's Wild- and Public Purposes Act and would use the Congress to do its job and agree to this settle- life Art Challenge exhibit which will be on dis- site for educational and recreational purposes. ment. play at shopping centers, libraries, and other In the event that the land ceases to be used S. 606 passed the Senate by unanimous locations throughout the state this year. for such purposes, they would revert to the consent and I am not aware of any opposition Kevin, the son of Sam and Myra Anderson, United States. to this measure in this House. is a second grade student at Lewis and Clark According to Dr. James C. Henderson, I would like to thank Mr. MCCOLLUM for his School. Kevin is the youngest of the 10 pupils President of San Juan College, ``San Juan help and leadership on moving this legislation whose artwork is included in the Audubon So- College has grown to be the fourth largest col- forward. ciety display. When Kevin was asked about lege in New Mexico. The college serves the I also applaud Senator KOHL for his many his painting he responded, ``The woodpecker people of the Northwest quadrant of the state years of work on this issue. I have enjoyed the is one of my favorites. I like its bright red in numerous ways [by] providing business and opportunity to partner with him to bring this head.'' It is great to see our youth take interest industrial training, life-long learning opportuni- matter to a close. in our local wildlife. It is very important to edu- ties, and various academic and technical de- Finally, I would also like to thank Menom- cate our young people to appreciate wildlife so gree programs.'' The transfer of the `Òld inee Chairman Apesanahkwat for his willing- that it can be enjoyed for future generations. E1726 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 THE RYDER ELEMENTARY the distance between employment opportuni- provide short-term funding for projects that CHARTER SCHOOL ties and affordable housing has grown more have been agreed to by the region; and more difficult to traverse. Our economic (4) It grants consent to the metropolitan HON. ILEANA ROS-LEHTINEN prosperity and quality of life hinge on improv- Washington region jurisdictions to enter into OF FLORIDA ing our congestion problem. an interstate compact or agreement that would Unfortunately, as we look to the future the IN THE HOUSE OF REPRESENTATIVES help meet the region's long-term transportation traffic situation only grows worse. Even with needs; and Tuesday, August 3, 1999 the increase in federal funds Virginia, Mary- (5) It provides $60 million in matching fed- Ms. ROS-LEHTINEN. Mr. Speaker, Thurs- land and DC will receive under legislation re- eral grants as an incentive to encourage the day, August 19, will mark the opening of the authorizing federal surface transportation pro- creation of the federal corporation. Ryder Elementary Charter School in my dis- grams, ``TEA±21,'' this region will still fall seri- This legislation provides the framework trict in Miami, Florida where Ryder System, ously short of meeting the growing demand for under which regional transportation needs Inc. will ensure quality education for children transportation improvements. could be addressed. It requires consultation of their valued and respected employees. The For the period of 1990 through 2020, this with state and local officials at every level and Ryder Elementary Charter School will be the region can expect both a 43 percent increase in an effort to win state support, the legislation nation's first ``charter school-in-the-workplace.'' in population and 43 percent increase in em- preciously guards state control of both the cor- Children of Ryder employees will be edu- ployment. This growth and increased depend- poration and the authority through veto power. cated at no cost with a unique curriculum de- ency on the automobile is expected to in- It does not raise anyone's taxes, but it does signed specifically to ensure success for its crease, by 79 percent, the number of vehicle provide a mechanism or a ``vehicle'' through students. Providing child care in the mornings miles traveled in the region by 2020. The which the local jurisdictions could coordinate before school and in the early evening while Board of Trade estimates that transportation and commit future revenues to finance the parents are still at work, the Ryder Elementary spending is expected to fall short of the re- construction of specific transportation projects Charter School will enable parents to continue gion's transportation needs more than $500 that otherwise will not get built or built anytime working in order to better provide for their chil- million annually. soon. dren, all the while knowing that they are safe Any solution to current and future conges- The ``Metropolitan Washington Regional and among friends who care. By providing tion demands strategic investment in both our Transportation Act'' gives us a choice and road and mass transit system. It demands bet- these invaluable services to employees and helps start a debate on how we should take ter land use and planning decisions and better families of the South Florida community, control and improve our future transportation interjurisdictional cooperation. And it also de- Ryder has set a grand precedent that I hope system and improve our quality of life. Our mands that this region come together and other American companies and businesses failure to act and meet our transportation raise additional revenue to finance priority will follow. needs will have a much higher cost. The transportation projects that will provide imme- This year, the Ryder Elementary Charter Board of Trade places the cumulative regional diate congestion relief. It may not be a popular School will educate 300 kindergarten through economic losses from the failure to meet our idea, but we have to do more, and we have third graders, and will expand to 500 students transportation needs in the year 2020 at be- to do it ourselves. It seems to me, that the in kindergarten through fifth grade within the tween $70.2 billion to $182 billion. That eco- only way to ensure that we get 100 percent of next two years. By initiating this remarkable nomic loss includes: a 350 percent of $345 the funds we need for our transportation first of a kind charter school, Ryder has dem- million increase in shipping costs; $1.3 billion projects is to raise more ourselves and spend to $2.6 billion in higher warehousing and in- onstrated a clear commitment to work hard to it locally. care for their employees and for their families. It is also a process that ensures that the ventory costs; $1.365 per household, per year, In light of their unselfish dedication to the fu- money gets spent where we determine it is higher consumer costs; and more than $1,000 ture of America, I ask my colleagues to join needed most. I think the key to public support per household, per year, in higher personal me in congratulating, and thanking Ryder for is identifying a list of priority projects that travel costs. their fine work. could be completed on a fast track providing I note that this legislation is supported by f the public with the assurances that their addi- the county chairs and mayors of all eight Northern Virginia jurisdictions, D.C. Mayor An- INTRODUCTION OF THE METRO- tional tax dollars will buy specific congestion relief. A large number of urban communities thony Williams and D.C. City Council, the POLITAN WASHINGTON RE- Greater Washington Board of Trade, and the GIONAL TRANSPORTATION ACT have already established a dedicated funding source for their transit systems. Alexandria, District of Columbia and Fairfax In the past, leaders from this region have County Chamber of Commerce. HON. JAMES P. MORAN shared a vision and worked together success- f OF VIRGINIA fully to address important transportation SPECIAL RECOGNITION TO LEON- IN THE HOUSE OF REPRESENTATIVES needs, through such institutions as the Metro- ARD A. HADLEY FOR 40 YEARS politan Washington Airports Authority, the Tuesday, August 3, 1999 OF SERVICE TO MAYTAG Washington Metropolitan Area Transit Author- Mr. MORAN of Virginia. Mr. Speaker, I am ity, and the National Capital Region Transpor- pleased to join my House colleague Delegate tation Planning Board at the Metropolitan HON. LEONARD L. BOSWELL ELEANOR HOLMES NORTON and Senator Washington Council of Governments. We OF IOWA CHARLES ROBB today in introducing the ``Met- need a similar vision to carry us forward an- IN THE HOUSE OF REPRESENTATIVES ropolitan Washington Regional Transportation other 30 years. The Metropolitan Washington Tuesday, August 3, 1999 Act.'' This legislation will help jump start relief Regional Transportation Act will help us craft and ease congestion within the metropolitan this vision. Mr. BOSWELL. Mr. Speaker, I take this op- Washington, DC region. The legislation we are introducing today has portunity to give special recognition to Mr. For more than four years running, we have five key elements. Leonard A. Hadley, for his 40 years of service the second longest average commuting time in (1) It provides a new option to help the met- to Maytag Corporation of Newton, Iowa. I am the nation. According to the Greater Wash- ropolitan Washington region more effectively privileged to represent Iowa's 3rd Congres- ington Board of Trade, this increased com- address its transportation needs; sional District, which is home to Maytag Cor- muting time and congestion costs each man, (2) It empowers the National Capital Region poration. I, along with the residents of the 3rd woman, and child in the region more than Transportation Planning Board to consult with Congressional District, wish to recognize the $1,050 per year in lost time, wasted fuel, and the metropolitan Washington region jurisdic- many valuable contributions made by Mr. Had- environmental damage. Long commutes and tions and the public to achieve consensus on ley as he enters retirement. traffic congestion have also become quality of a list of critical transportation projects and a We, in Iowa, are particularly proud of the life issues to area residents, robbing many funding mechanism that is needed to address Maytag Corporation. It is recognized as a families of the one commodity Washingtonians the growing congestion crisis in the region but worldwide leader in the appliance industry. Mr. never seem to have enough ofÐtime. cannot be funded within the current and fore- Hadley's contributions as Chairman and Chief Some drivers facing a longer commute have casted federal, state and local funding levels Executive Officer, since 1992, contributed even become a safety hazard as they race for such projects. greatly to that success. The continued empha- recklessly to cut a precious few minutes from (3) It establishes a corporation with the sis on developing unique, innovative products their daily commute. For those who lack cars, power to accept revenue and issue debt to while maintaining its reputation for quality and CONGRESSIONAL RECORD — Extensions of Remarks E1727 traditional Iowa values makes Leonard A. FOREIGN OPERATIONS, EXPORT, So, ending this program would be bad for Hadley's tenure at Maytag Corporation particu- FINANCING, AND RELATED PRO- Colorado, and something that I can't support. larly noteworthy. GRAMS APPROPRIATIONS ACT, I urge the defeat of the amendment. Mr. Hadley has also distinguished himself 2000 f through his service on the boards of other FOREIGN OPERATIONS, EXPORT, leading businesses, indicating his strong com- SPEECH OF FINANCING, AND RELATED PRO- mitment to building and maintaining a vibrant HON. MARK UDALL GRAMS APPROPRIATIONS ACT, business climate in Iowa and the nation. He OF COLORADO 2000 was recognized within the business commu- IN THE HOUSE OF REPRESENTATIVES nity for his dedication and commitment to ex- Monday, August 2, 1999 SPEECH OF cellence by being inducted into the Iowa Busi- HON. PATSY T. MINK ness Hall of Fame in 1997. The House in Committee of the Whole Another important contribution by Leonard House on the State of the Union had under OF HAWAII A. Hadley was his commitment to education. consideration the bill (H.R. 2606) making ap- IN THE HOUSE OF REPRESENTATIVES With education serving as the great equalizer, propriations for foreign operations, export fi- Thursday, July 29, 1999 we must continue enhancing opportunities for nancing, and related programs for the fiscal year ending September 30, 2000, and for other The House in Committee of the Whole our youth to secure a strong education. Mr. purposes: House on the State of the Union had under Hadley has done just that through his efforts consideration the bill (H.R. 2606) making ap- on the Board of Visitors of the University of Mr. UDALL of Colorado. Mr. Chairman, I propriations for foreign operations, export fi- Iowa College of Business, the Iowa College rise in opposition to the amendment. nancing, and related programs for the fiscal Foundation and the Board of the University of The amendment would cut off funding for year ending September 30, 2000, and for other purposes: Iowa Foundation. the World Heritage Convention and the Man in the Biosphere program. I think this would be I am confident we will continue to hear of Mrs. MINK of Hawaii. Mr. Chairman, I rise to a mistake. It could set back important pro- express my support for the Moakley amend- many future contributions made by Mr. Hadley grams for protection of internationally-impor- ment to H.R. 2606, Foreign Operations Appro- in his retirement which will greatly enhance tant cultural, historical, and environmental re- priations for FY2000. our community, state and nation. I ask my col- sources. The Moakley amendment would prohibit leagues to join me in offering a hearty con- It's claimed that these programs are a threat funding for the United States Army School of gratulations and special recognition to Leonard to Congress' authority over federal lands, but the Americas (SOA) located in Fort Benning, A. Hadley as he prepares to retire after 40 in fact they don't lessen that authority. They GAÐa school which has produced some of successful years at Maytag Corporation. also don't affect any other part of the Constitu- the most notorious human rights violators in Latin America. Currently $20 million of the f tion, or any private property rights. Let me re- peatÐthese programs don't have an effect on U.S. taxpayers money goes to train approxi- CONGRATULATIONS DAVID BAILEY those rights. mately 2,000 Latin American soldiers in mili- But the amendment would have an effect. It tary techniques, ostensibly to advance respect would undermine America's international lead- for civil authority and human rights. HON. SCOTT McINNIS ership in environmental conservation and in Supporters of the SOA claim this school is OF COLORADO the protection of historical and cultural re- a key foreign policy tool for the U.S. in Latin IN THE HOUSE OF REPRESENTATIVES sources. So, I think this amendment is bad for America and the Caribbean, helping to shape the region's leadership in ways favorable to Tuesday, August 3, 1999 our countryÐand I know it's bad for Colorado. In Colorado, we have several Biosphere Re- American interests. They assert that the Mr. MCINNIS. Mr. Speaker, I would like to servesÐareas that are part of the Man in the school has played a constructive role in pro- take a moment to recognize the career and Biosphere program. One is the Niwot Ridge moting democracy in Latin America over the contributions to small businesses of one of Research area. Another is Rocky Mountain last decade; in reducing the flow of illicit drugs Colorado's esteemed citizens, president and National Park. This amendment could termi- to the United States; and in emphasizing re- chief operating officer of Norwest Bank Colo- nate their participation in the program. spect for human rights and civilian control of rado, David E. Bailey. In doing so, I would like Earlier this year, I asked Professor William the military through their academic curriculum. to honor this man who, for many years, has Bowman, the Director of the University of In fact, the SOA has repeatedly proven its exhibited dedication and experience to the Colorado's Mountain Research Station, about disregard for human rights and democratic val- banking industry. the significance of Niwot Ridge's participation ues. In a school professing to advance demo- Mr. Bailey has recently been honored for his in the program. cratic values and human rights, only 15 per- achievements for small businesses. He began He explained that having Niwot Ridge in the cent of the courses offered relate to these his career in 1969 by holding several manage- Biosphere Reserve System had provided a subjects. Less than 10 percent of the student rial positions, at Norwest Bank in Denver. He framework for international cooperation in im- went on to undertake the responsibilities of body enroll in these courses. Only 8 percent portant research efforts, including work with a of students enroll in the counter-narcotics chairman, president, and CEO of Norwest Biosphere Reserve in the Czech Republic to Banks in Boulder, Greeley, and Fort Collins. course in any given year. Dozens of those address air pollution problemsÐa matter of who have taken this course have been tied to At this time he also took responsibility for eight great importance to Colorado as well as to the banks in northern Colorado. From there Mr. drug trafficking. Czechs. With the help of courses such as ``Methods Bailey was elected chairman of the board and He also told me that the Biosphere Reserve of Torture'' and ``Murder 101,'' the SOA has was in charge when the merger of Norwest program had been helpful to the people at produced apt pupils. When six Jesuit priests, Colorado, N.A. went into effect. He was then Niwot Ridge as they worked with the Forest their housekeeper, and her daughter were named president of Norwest, Colorado, N.A. Service to develop a land-management plan murdered on November 16, 1989 in El Sal- David Bailey has more than proven himself that would promote multiple use by minimizing vador, 19 of the 26 implicated in the murders a valuable asset to the business and banking conflicts between recreational, scientific, and were graduates of the SOA. Two of the three system of Colorado. As a trustee of the Colo- other usesÐagain, a matter of great impor- officers responsible for the assassination of rado State University Research Foundation, a tance to Colorado and other public land pacifist Archbishop Romero went to the SOA. member of the Denver Rotary and Colorado states. The officer who commanded the massacre of Concern he has also proven himself as an I also contacted the National Park Service, 30 defenseless peasants in the Colombian vil- asset to the community of Colorado in gen- to find out what it meant to have Rocky Moun- lage of Mapiripan graduated from the SOA. eral. tain National Park included as a Biosphere Panamanian dictator and drug kingpin It is with this, Mr. Speaker, that I say thank Reserve. They told me that it not only meant Manuel Antonio Noriega is one of the SOA's you to David E. Bailey on his truly exceptional more research activities occurred in the park, distinguished alumni. career in the Norwest banking system and for but also that it meant a significant increase in These atrocious examples of terror and vio- his dedication to small businesses and our park visitationÐtourism that not only provides lence exhibit the extent to which the SOA has community at large. Due to Mr. Bailey's dedi- important educational benefits for the visitors violated human rights and undermined demo- cated service, it is clear that Colorado is a bet- but also provides important economic benefits cratic values throughout the Western hemi- ter place to Colorado. sphere. Clearly, officers who attended SOA E1728 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 are not spreading American values of peace Not providing responsible levels of funding ment plays right into the hands of our Euro- and democracy throughout Latin America. for our government programs not only hurts pean and Asian competitors, who will not It is not in American interests to continue our country, but results in increased emer- cease to subsidize and finance the deals that support for the U.S. Army School of the Amer- gency spending in the long run. While I will their companies make simply because we will icas. For the sake of human rights and devote in favor of the bill in order to move the have chosen to do so; rather, this amendment mocracy, I urge my colleagues to support the process along, it is my hope that the Repub- will make it even more difficult for American Moakley amendment to end funding for the lican leadership will recognize the short- exporters to compete in the combative world- SOA. sightedness of this strategy and restore this wide marketplace, cutting U.S. jobs in the f bill and others to their original funding levels. process. f This amendment may save a few dollars, FOREIGN OPERATIONS, EXPORT but I assure my colleagues that the costs in FINANCING, AND RELATED PRO- FOREIGN OPERATIONS, EXPORT lost exports and lost jobs far outweigh any GRAMS APPROPRIATIONS ACT, FINANCING, AND RELATED PRO- savings we may incur. I urge my colleagues to 2000 GRAMS APPROPRIATIONS ACT, fight to preserve American jobs and vote 2000 SPEECH OF against this amendment. f HON. LUCILLE ROYBAL-ALLARD SPEECH OF OF CALIFORNIA HON. NORMAN D. DICKS IN SUPPORT FOR THE PATIENTS’ IN THE HOUSE OF REPRESENTATIVES BILL OF RIGHTS OF WASHINGTON Thursday, July 29, 1999 IN THE HOUSE OF REPRESENTATIVES The House in Committee of the Whole Monday, August 2, 1999 HON. EARL POMEROY House on the State of the Union had under OF NORTH DAKOTA consideration the bill (H.R. 2606) making ap- The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES House on the State of the Union had under propriations for foreign operations, export fi- Tuesday, August 3, 1999 nancing, and related programs for the fiscal consideration the bill (H.R. 2606) making ap- year ending September 30, 2000, and for other propriations for foreign operations, export fi- Mr. POMEROY. Mr. Speaker, today I am purposes; nancing, and related programs for the fiscal signing the discharge petition for the purpose Ms. ROYBAL-ALLARD. Mr. Chairman, the year ending September 30, 2000, and for other of forcing floor consideration of the Patient's purposes: Foreign Operations Appropriation bill for fiscal Bill of Rights. year 2000 that was reported by the appropria- Mr. DICKS. Mr. Chairman, the United States I have held back from this action before this tions subcommittee, was a fair and bipartisan is the world's largest trader. Our exports di- time out of my expectation the House Speaker bill, given the tight funding restrictions. rectly support almost 12 million U.S. jobs and would have brought this issueÐif not this Although the subcommittee's allocation of have accounted for 30 percent of the U.S. billÐforward before the August recess. $12.8 million was $2.7 million below the FY economic growth over the past decade. With I am disappointed the majority leadership 1999 funding level, I am pleased that the 94 percent of the world's population and the has broken its commitment to have House ac- panel included increases in critical programs fastest-growing markets all located overseas, tion on this matter this week. The Senate has such as, the Child Survival Account and the there is no question that U.S. exports are key acted. The American people want Congress to Assistance for Displaced and Orphaned and to our nation's economic success and future. act. Because the indefinate House delay is ir- Children Account within U.S.A.I.D. These pro- Competition for these growing markets is responsible and very unfortunate I am signing grams provide critically needed assistance to fierce, and competitive financing is often the the discharge petition. I hope all minority sick, needy, and orphaned children in devel- critical element to winning sales for U.S. members who have yet to sign will join me in oping countries. goods and services. It is therefore crucial to this action. I further hope that we will be joined I would like thank Chairman SONNY CAL- our nation's interest to preserve and strength- by a sufficient number of Republicans who un- LAHAN and Ranking Member NANCY PELOSI for en U.S. export finance and the Export-Import derstand that it is time to act, in order to finally including $34 million, for the U.S. Agency for Bank to provide the foundation and means for force House action on this issue. International Development's Collaborative Re- expanding overseas trade. f search Support ProgramsÐa 100% increase In FY 1998, the Bank supported $13 billion over last year's funding. This program utilizes in exports that otherwise may not have been EXPLANATION OF OMNIBUS LONG- our leading universities, including the Univer- sold. These sales have sustained tens of thou- TERM HEALTH CARE ACT OF 1999 sity of California, to help developing countries sands of well-paying jobs here in the United make improvements in agriculture. Supporting States. Furthermore, the Bank is working to HON. FORTNEY PETE STARK agricultural research is critical because we help U.S. exporters maintain a foothold in OF CALIFORNIA know that political stability is largely depend- countries like South Korea and Brazil, which IN THE HOUSE OF REPRESENTATIVES ent on a developing country's ability to main- are suffering difficulties yet still offer important Tuesday, August 3, 1999 tain a stable food supply. The Collaborative opportunities for exporters. Research Support Program helps developing The Ex-Im Bank is also an important source Mr. STARK. Mr. Speaker, Representative counties achieve this goal, thereby furthering of assistance to small businesses to sell their MARKEY and I have introduced the Omnibus our own interests as well as theirs. products overseas. Each year, the Bank serv- Long-Term Health Care Act of 1999. We are However, despite the increases in these val- ices about 2,000 new small business trans- joined by Representatives MCGOVERN, uable programs, I must strongly object to the actions, and is involved in more than 10,000 MCDERMOTT, MOAKLEY, OLVER, CAPUANO, and $200 million that was cut from the World small business transactions. GORDON. Bank's International Development Association Although the overall funding for the Bank The following is a detailed outline of the pro- at the direction of the Republican leadership. was reduced by $1 million, the Committee did visions of this legislation. We invite members Cutting funds from this multilateral develop- approve a crucial $5 million increase in the of the House to join us in cosponsoring this ment program sends a message to other Bank's Administrative budget that will enable legislation. We invite the public to suggest remember-countries that the U.S. believes it is the Bank to modernize their computer systems finements and additions to the legislation to O.K. to shirk one's responsibility to developing and to insert personnel into key markets to make it more comprehensive, workable, and countries. We should not send this message. help American businesses sell overseas. This effective legislation to help the millions of I object, not only to the substance of this modernization is absolutely necessary at this Americans facing the problems of obtaining cut, but also to the manner in which this cut time to ensure that the Bank is Y2K compliant. quality long-term health care.***HD***Title I: was made. As I previously stated, the bill re- New systems and personnel will also help the Long-Term Care Giver Tax Credit ported out of subcommittee was a fair, bi-par- bank reduce turn-around time on decisions for Title I of the bill provides a $1000 tax credit tisan bill. Unfortunately, the continuing insist- both small and large U.S. exporters. similar to the one described by the President ence of the Republican leadership to make The gentleman's amendment would prohibit in his State of the Union address. Our pro- last minute cuts to our appropriations bills dur- the Bank, as well and the Overseas Private In- posal has several notable differences. First, ing full committee and House floor consider- vestment Corporation and the Trade Develop- our tax credit is completely refundable, and ation has sorely undermined what should be a ment Agency, from entering into any new obli- there is no distinction between care for an bi-partisan process. gations. This extremely dangerous amend- adult or a child. If the credit is not refundable, CONGRESSIONAL RECORD — Extensions of Remarks E1729 it will fail to help those families in greatest Care Services. This provision would incor- lishes a case manager who will oversee the need of help. porate the adult day care setting into the cur- provision of home health care. This section of To be honest, $1000 is not that much rent Medicare home health benefit. The provi- the legislation will ensure that those in need of money for long-term care, but it does provide sion allows beneficiaries to substitute any por- long-term health care will receive necessary a family with modest relief that they can use tion of their Medicare home health services for and cost effective care. as they see fit. That is why we have structured care in an adult day care center (ADC). Adult The Balanced Budget Act of 1997 (BBA) im- the bill to ensure that those who most need day care centers provide effective alternatives plemented a number of policies designed to the support will receive the refund. to complete confinement at home. Many slow the growth of a health benefit that was Another important distinction between our States have used Medicaid funding to take ad- doubling in cost every three or four years. proposal and the President's is the treatment vantage of ADCs for their patients. Prior to the BBA, the incentive to home health of children with long term care needs. The For many, the ADC setting is superior to tra- agencies was to over-use services to boost President's proposal would limit the tax credit ditional home health care. The ADC can pro- profits. In the BBA's prospective payment sys- to $500 for children with long term care needs. vide skilled therapy like the home health pro- tem (PPS), the incentive will be the opposite We do not agree with this policy. The long- vider. In addition, the ADC also provides reha- and there are real concerns about potential term care needs of a disabled child are just as bilitation activities and means for the patients. under-utilization of services. expensive and emotionally and troubling as Similarly, the ADCs provide a social setting The Medicare Home Health Case Manager they are for an adult. within a therapeutic environment to serve pa- legislation would ensure that an independent Our legislation also has a broader definition tients with a variety of needs. case manager evaluates the patient's needs of individuals with long-term care needs. The To achieve cost-savings, the ADC would be and service level. The case manager will be fi- President's proposal includes individuals who paid a flat rate of 95% of the rate that would nancially independent of the home health require assistance in to perform activities of have been paid for the service had it been de- agency and would be paid through a Medicare daily living (bathing, dressing, eating, con- livered in the patient's home. The care would fee-schedule, independent of the amount or tinence, toileting, and transferring in and out of include the home health benefit and transpor- type of care the patients receive. The legisla- a bed or chair). This is a good start but does tation, meals and supervised activities. As an tion would also provide the Health Care Fi- not include people with severe mental health added budget neutrality measure, the title al- nancing Administration (HCFA) with the flexi- disabilities or developmental disabilities who lows the Secretary of Health and Human Serv- bility to investigate the effectiveness of reim- cannot live independently. ices to lower the payment rate for ADC serv- bursing home health case managers on a Finally, our legislation limits the amount of ices if growth in those services is greater than competitively bid basis. the refund for the wealthy, not the poor. In our current projections under the traditional home This type of case manager program is en- bill, reductions in the refund begin at the upper health program. dorsed by the Medicare Payment Advisory income levels, not the lower income levels. This program is not an expansion of the Commission (MedPAC), a Commission ap- The full refund is available up to income of home health benefit. It would not make any pointed by Congress to provide expert advice $110,000 for a joint return, $75,000 for an in- new people eligible for the Medicare home on Medicare and Medicaid policy. In their dividual return, and $55,000 for a married indi- health benefit. Nor would it expand the defini- March 1998 report to Congress they rec- vidual filing a separate return. Above these tion of what qualifies for reimbursement by ommended that such a case manager be levels, the refund is decreased by $50 by Medicare for home health services. This legis- adopted for the home health benefit. Their re- every $1,000 over the threshold lation recognizes that ADCs can provide the port states: level.***HD***Title II: Long-Term Care Medi- same services, at lower costs, than traditional Such an assessment would help to mini- care Improvements home care. Futhermore, the legislation recog- mize the provision of services of marginal Title II of the legislation addresses a range clinical value, while ensuring that patients nizes the benefits of social interaction, activi- receive appropriate care. Requiring case man- of reforms and improvements to Medicare ties, meals, and a therapeutic environment in agement of long-term home health users could benefits. The goal of this title is to provide which trained professionals can treat, monitor, improve outcomes for individuals with long-term adequate long-term coverage to patients with and support patients. home health needs and at the same time slow chronic health care needs. We believe that we The legislation also includes important qual- the growth of Medicare home health expendi- can adjust Medicare benefits so that people ity and anti-fraud protections. In order to par- tures. (Emphasis added). can continue to live in their homes and com- ticipate in the Medicare home care program, In addition, there are real-life examples of munities, and enjoy the contact with their fami- ADCs must meet the same standards set for case management systems saving money and lies and friends. These proposals are cost ef- home health agencies. The only exception is improving care. For example, Maryland's Med- fective as they rely on services in facilities that the ADCs would not be required to be icaid program has a high cost user initiative other than hospitals and skilled nursing facili- ``primarily'' involved in the provision of skilled which in FY 96 saved the state $3.30 for each ties, and allow people to continue to live in fa- nursing services and therapy services. The ex- $1 spentÐa savings of 230%. The Health In- miliar surroundings with their family. ception recognizes that ADCs provide services surance Association of America also commis- 1. LONG-TERM HOME HEALTH AIDE BENEFITS to an array of patients and that skilled nursing sioned a study of its member plans and found The first section extends Medicare Home services and therapy services are not their pri- that rehabilitation/case management programs Health Aid-Type services to chronically de- mary activity. return an investment of $30 for every $1 pendent individuals. This section establishes a Here is an example of how the system spent. new ``long-term'' home health benefit to main- would work. A physician prescribes home care Therefore, this section would achieve two tain people with chronic conditions at home for the patient. Next, the patient and his or her important goals. First, it saves money. Sec- rather than in more expensive settings. Many family decide how to arrange for the services. ond, the program ensures that patient's needs people can no longer take care of themselves They could choose to receive all services are met. Patient's care should be determined because physical or mental disabilities impair through home care, or choose a mix of adult based on an objective and independent eval- their ability to perform basic activities of daily day care and home care services. Therefore, uation of the patient's condition, not the bot- living (ADLs), including eating, bathing, dress- if the patient required three physical therapy tom line of a health care corporation. ing, toileting, transferring in and out of a bed visits and two home health aide visits, the pa- 4. COORDINATED CARE or chair, and continence. These are activities tient could receive the physical therapy at the Another section recognizes that there are that we all take for granted. The inability to do ADC while retaining the home health aide vis- many medical conditions, such as congestive any of these independently is distressing for its. When the patient goes to the ADC, he or heart failure, that create severe long-term care the patient and a clear indication of the extent she will receive the physical therapy and other needs that need coordinated, comprehensive of the impairment. benefits the ADC provides. All of these serv- care. Many people suffer an acute condition This provision allows individuals who suffer ices would be incorporated into the payment that leaves them weakened and in need of from a chronic physical or mental condition rate of 95% of the home setting rate for the health care long after the acute phase of the that impairs two or more ADLs to receive in- physical therapy service. This plan offers a condition passes. Currently, Medicare does home care. To help contain costs, the provi- savings for Medicare and an improved benefit not adequately cover an expensive recuper- sion would require competitive bidding of to the patient. ation that can last for months. This section di- these services. 3 HOME HEALTH CASE MANAGERS rects the Secretary to identify 10 medical con- 2. ADULT DAY CARE The third section of this title makes a num- ditions, clustered by diagnostic related groups The second section of this title's reforms is ber of improvements in the quality of services (DRGs) that consistently require intense fol- a provision for Medicare Substitute Adult Day provided through home care. First it estab- low-up care. Along with the 10 DRGs, the E1730 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 Secretary would determine reasonable costs The legislation would also include hospice The second provision of this title gives to cover comprehensive case management, care within the federal employees health ben- states alternative punitive measures to use caregiver education and training, and other efits program (FEHBP). We hope that by in- with repeatedly noncompliant nursing facilities. general assistance. Our proposal requires the cluding this benefit for our nation's federal em- One of the distressing trends identified in the Secretary of Health and Human Services to ployees, we will set a standard for other insur- GAO report is a phenomenon they describe as identify those medical conditions, clustered ance providers. The net result would be that a ``yo-yo'' effect. A nursing facility will correct into logical DRGs that represent the most ex- more patients will obtain necessary hospice the problem and avoid the fines or penalties. pensive home health services, most consist- care during the final days of their lives. Once found to be in compliance, the facility ently require home health services, and re- 7. HELP FOR LOW-INCOME SENIORS AND DISABLED will slip back and provide substandard serv- quire the longest period of convalescence. Another section of this title will help all ices until cited again by regulators. Using these DRGs, the Secretary will be able lower-income Medicare beneficiariesÐand the Our proposed legislation offers two fixes. to develop a better system of coordinating chronically ill, the disabled, and the frail òld- First, the legislation would allow states to re- care and helping families. old' who tend to be those with the least in- cover the expense of resurveying and re- 5. OTHER HOME HEALTH SERVICE IMPROVEMENT come. This amendment is a repeat of a bill in- inspecting the skilled nursing facility where Adopting a provision from Rep. Jim McGov- troduced by Rep. McDermott and Stark (HR there has been a substantial violation of the ern's bill, we propose an outlier policy. In brief, 1455) which coordinates SSA and IRS data to regulations. Second, the legislation would pro- this provision requires that HCFA develop a presume that individuals who show income hibit the facility from including the costs of the home health agency outlier program, so that below the poverty level are eligible for the resurveying and reinspection in its reasonable agencies do not avoid the money-losing, hard- QMBy and SLMBy programs and presump- costs figures. In other words, they cannot pass er to care for cases. We also propose to tively enrolls them in those programs. Today the bill of rectification onto Medicare or Med- strengthen the provisions in the BBA that re- about 40% to 50% of those who are eligible icaid. This proposal is a clear financial dis- quire hospitals to give more objective informa- for these programs which pay Medicare's pre- incentive for homes to practice a yo-yo man- tion to patients about the full range of post- miums, deductibles, and copays, fail to enroll. agement and adds an important regulatory hospital services, and not just direct patients Presumptive enrollment will provide hundreds, tool for the states. to their hospital-owned services. Finally, we even thousands of dollars of help per year to The third major initiative in our legislation is give more flexibility to the ``homebound'' rule. our nation's poorest, most vulnerable citi- the requirement of criminal background zens.***HD***Title III: Nursing Home Improve- 6. HOSPICE IMPROVEMENTS checks. Skilled nursing facilities would be re- Another section provides broad revisions ments quired to conduct a criminal background check Title three of the legislation provides a num- and improvements to the hospice care benefit. of all employees and would be prohibited from ber of reforms to laws and regulations gov- Hospice care includes interdisciplinary profes- hiring any person who has been convicted of erning skilled nursing facilities. Earlier this sional services for patients whose health con- patient or residence abuse. This portion of the year, the General Accounting Office released dition will not benefit from cure-based treat- a report that several members of Congress legislation makes clear that we do not want ments. Hospice care, which may be offered in and Rep. Stark requested. That report, ``Nurs- felons who have a history of abusing others the person's residence or a skilled facility, pro- ing Homes: Additional Steps Needed to working with one of the most vulnerable vides palliative care to reduce pain and en- Strengthen Enforcement of Federal Quality groups of people in the nation. hance the patient's quality of life. For those Standards (GAO/HEHS±99±46)'' indicated that Finally, the legislation requires skilled nurs- patients in the terminal phase of their life, hos- more than 40 percent of the skilled nursing fa- ing facilities to report cases when an em- pice care offers final comfort for the patient cilities did not comply with fundamental quality ployee has harmed a patient or resident. The and the patient's family. The current rules gov- standards. In many cases, these deviations legislation calls for revising the current Nursing erning hospice care offer physicians few in- from quality standards represent an egregious Aide Registry. Under our legislation, the new centives to recommend this alternative for threat to the health of patients living in nursing name of the data base will be the Nursing Fa- their patients. homes. At least 25 percent of the homes re- cility Employee Registry and will list any nurs- In a 1999 report to Congress, MedPAC viewed violated standards that eventually cre- ing facility employee who has been convicted commented that, ated actual harm to the residents. or had a finding of abuse or neglect of a pa- Another vulnerable population is the near- Currently, 1.6 million elderly live in skilled tient.***HD***Title IV: Long-Term Care Insur- ly 2 million Medicare beneficiaries who die nursing facilities. These people are among the ance each year. Too many of their physical, emo- sickest and most vulnerable segment of the Title four of the legislation addresses long- tional, and other needs go unmet, although population. A major portion of the Omnibus term care insurance. The first chapter encour- good care could minimize or eliminate this ages long-term health care policies for federal unnecessary suffering. Even hospices—which Budget Reconciliation Act of 1987 (OBRA 87) pioneered care for the dying—help only a brought sweeping reforms to the nursing home and nongovernmental employees. The second fraction of patients and are often used far industry. That legislation did much to improve chapter extends the consumer protection later than they should be. Ensuring that and ensure the quality of health care provided standards contained within the Health Insur- beneficiaries receive human, appropriate in skilled nursing facilities. Fortunately, the ance Portability and Accountability Act to all care at the end of their lives should be a pri- majority of skilled nursing facilities responded long-term care policies. ority for the Medicare program. well to these changes and continue of offer First, it directs the Office of Personnel Man- The consequence of our current medical quality care for their patients. Unfortunately, a agement to provide for the sale to the general practice is that patients remain in more expen- sizable minority of skilled nursing facilities con- public of group long-term care insurance poli- sive treatment facilities and do not receive the tinues to place profits ahead of quality care. cies that are offered to federal employees. palliative care they require. This section of the Because of the continued failure of these pro- The legislation keeps separate the pre- bill offers three specific improvements. viders, we must give the states and health miums and costs of nongovernmental employ- First, the legislation would direct the Sec- care regulators the legal tools to bring these ees from governmental employees, thus pro- retary to designate DRGs that indicate a providers into line or remove them from the tecting the federal employees from potential chronic and terminal condition that are most system. adverse cost impacts. In other words, non- likely to lead to death, and for which hospice This title provides several important modi- government employees could pay a higher care may provide assistance. These DRGs fications and additions to the OBRA-87 legisla- premium if the cost of underwriting that popu- would then be used as a part of the patient's tion. First, all skilled nursing facilities will be lation is higher than the cost of underwriting discharge planning. The intent of this section required to conspicuously post in each ward of federal employees. It is our hope, however, is to ensure that patients receive a complete the facility a list of the names and credentials that by helping create a group market and of- review of their treatment and care options, in- of the on-staff employees directly responsible fering economies of scale, this provision will cluding hospice options in the patient's com- for resident care and the current ratios of resi- help nonfederal employees obtain lower cost munity. dents to staff. This simple requirement will policies. A second solution is to ensure that informa- allow families and the nursing home ombuds- The next section extends the consumer pro- tion regarding hospice care becomes a part of man program to determine whether the facility tection standards contained within the Health physician training. This section does not re- provides adequate staff to attend to the resi- Insurance Portability and Accountability Act to quire that physicians become proficient in the dents'' needs. In addition, the legislation would all long-term care policies. Currently, these medical practice of hospice care, only that direct the Secretary of Health and Human standards apply to only tax-qualified policies. they become more aware of its services as an Services to issue guidelines for adequate Without these protections, some insurance option for terminally ill patients. staffing for skilled nursing facilities. providers may be tempted to provide long- CONGRESSIONAL RECORD — Extensions of Remarks E1731 term care policies that do not provide the level operations to Mexico, leaving thousands of A TRIBUTE TO THE LATE of financial protection that consumers need. Americans without jobs and many commu- STANTON CRAIG HOEFLER Because of the expense of these policies, the nities in economic distress. consequences of purchasing inadequate insur- The CAIP program allows NAFTA affected HON. GARY G. MILLER ance, and the difficulty of understanding these communities to receive funding for job training OF CALIFORNIA policies, we need to ensure that reasonable and investment capital for job creation. Pro- IN THE HOUSE OF REPRESENTATIVES quality standards protect consumers from buy- viding workers with the skills to acquire new Tuesday, August 3, 1999 ing inadequate and inappropriate long-term jobs, and providing the communities with the Mr. GARY MILLER of California. Mr. Speak- care policies.***HD***Title V: Reauthorization funding to establish new enterprises, will help er, I rise today to honor the late Mr. Stanton of the Older Americans Act of 1965 to bolster the economies of many NAFTA im- Craig Hoefler, who passed away on February Title five of the legislation is an extension of pacted areas. President Clinton understood 17, 1999 of natural causes. Born in San Fran- the Older Americans Act of 1965, as proposed this when he requested that the CAIP receive cisco on February 18, 1924, Mr. Hoefler at- by the President to include grants for care $17 million in his fiscal year 2000 budget. tended Lowell High School and joined the giver assistance.***HD***Title VI: Early Buy-in NAFTA was supposed to increase economic For Medicare Army Air Corps in 1942 where he flew with the prosperity for everyone involved in this agree- ``Mighty 8th'' as pilot in command of a B±17 Title six of the legislation would provide ment. The least we can do in Congress is to caregivers an early option to join Medicare. bomber over Germany. He completed his tour make sure that those American workers who and later flew photo-recon aboard P±51's. This important portion of the bill would provide were negatively impacted by NAFTA have a increased access to health coverage for Amer- In 1976, Mr. Hoefler became the curator of chance to succeed as well. The CAIP is a pro- the Yanks Air Museum where he was respon- icans who are the primary caregivers for fam- gram which helps to achieve that goal. ily member with long-term care needs. sible for the restoration of many Golden Years Many Americans must quit job or retire early I am hopeful that my colleagues will realize and World War II airplanes. Among these are to care for a family member who has long the importance of CAIP and ensure that it will the Curtiss Jenny, Ryan B±1, Stearman 4±D, care needs. In addition, they tend to range in receive funding when this bill goes to con- AT±6, F6f ``Hellcat'', P±38 ``Lightning'', P±40 age from 55 to 64. Consequently, health insur- ference. ``Warhawk'', P±47 ``Thunderbolt'', the P±63, ance companies refuse to insure them or and the Dauntlas SBD to name just a few. He f charge huge premiums. Our proposal would became an expert in the aircraft restoration cover nearly five million early caregivers who field and his accomplishments have been fea- A TRIBUTE TO MANUEL A. tured in aviation periodicals around the world. face the prospect of being uninsured and who ESQUIBEL are helping all of us by keeping other individ- Stanton Craig Hoefler is survived by his wife uals out of taxpayer-subsidized institutions. Phyllis of Phillips Ranch, five children, and This provision allows qualifying individuals to nine grand-children. Memorial services were HON. CALVIN M. DOOLEY held on February 25, 1999 at the Yanks Air receive Medicare coverage when they leave OF CALIFORNIA their employment to provide long-term care for Museum in Chino Hills, CA. Mr. Speaker, he will be sorely missed. a spouse or relative.***HD***Title VII: Long- IN THE HOUSE OF REPRESENTATIVES f Term Care Giver Social Security Credit Pro- Tuesday, August 3, 1999 tection KING HASSAN II OF MOROCCO—AN Title seven also protects the future retire- Mr. DOOLEY of California. Mr. Speaker, I APPRECIATION BY DR. JOHN ment income of caregivers who leave their rise today to pay tribute to Manuel A. DUKE ANTHONY employment to offer long-term care. This title Esquibel, who is retiring this month from his does two things. First, it ensures that care- position as City Manager of Selma, California. HON. TOM LANTOS givers will continue to receive their Social Se- He has dedicated his life to improving the quality of life for Selma residents. OF CALIFORNIA curity credits while they are caregivers. Sec- IN THE HOUSE OF REPRESENTATIVES ond, while the caregiver is unemployed he or Mr. Esquibel was born and raised in Colo- Tuesday, August 3, 1999 she will be credited with the arithmetic aver- rado, and earned a degree from the University age of his or her previous three years of em- of Southern Colorado. He has served in local Mr. LANTOS. Mr. Speaker, on July 23, His ployment as a contribution to income. government for over 25 years, holding the po- Majesty King Hassan II of Morocco passed f sitions of Assistant City Manager of Pueblo, away and his son, Sidi Mohammad ben Al Colorado, and later City Manager of Hassan assumed the throne of Morocco. FOREIGN OPERATIONS, EXPORT Lindsborg, Kansas. I would like to call the attention of my col- FINANCING, AND RELATED PRO- In 1990, Mr. Esquibel began his current po- leagues to a particularly thoughtful and insight- GRAMS APPROPRIATIONS ACT, sition as City Manager of Selma, California. ful essay on the role of King Hassan and his 2000 During his tenure in Selma, he has developed positive impact upon Morocco. The essayÐ ``The Passing of Morocco's King Hassan II''Ð SPEECH OF an effective community team approach and a motivational management style, generating ex- was written by Dr. John Duke Anthony, the HON. LORETTA SANCHEZ cellence among city staff members. president of the National Council on U.S.-Arab Relations, secretary-treasurer of the U.S.-Gulf OF CALIFORNIA Mr. Esquibel has been a leader in promoting Cooperation Council Corporate Cooperation IN THE HOUSE OF REPRESENTATIVES economic development in Selma, participating Committee, and a distinguished American in the ``Team Selma'' program, which led to Monday, August 2, 1999 scholar of Middle Eastern affairs. the creation of over 3,500 new jobs. During Mr. Speaker, I ask that Dr. Anthony's essay The House in Committee of the Whole his term as City Manager, Selma has received House on the State of the Union had under be placed in the RECORD, and I urge my col- regional, state, and national recognition in the leagues to reflect upon his discerning appre- consideration the bill (H.R. 2606) making ap- promotion of economic development. Mr. propriations for foreign operations, export fi- ciation of the role and significance of the reign nancing, and related programs for the fiscal Esquibel played a critical role in planning of King Hassan II. year ending September 30, 2000, and for other President Clinton's successful visit to Selma in THE PASSING OF MOROCCO’S KING HASSAN II purposes: 1995. (By Dr. John Duke Anthony) Mr. Esquibel's tremendous dedication to Ms. SANCHEZ. Mr. Chairman, today the In the history of America’s foreign affairs, House considered the Foreign Operations Ap- Selma is surpassed only by his dedication to a long-running chapter with Morocco, one of propriations Bill for fiscal year 2000. One issue his family. He and his wife, Beverly, have two our country’s oldest and most important al- of great concern to me was the absence of childrenÐRenee and TonyÐand four grand- lies, closed and a new one opened this past funding for the Community Adjustment and In- children. week. vestment Program (CAIP) in this appropria- Mr. Speaker, I ask my colleagues to join me The King of Morocco, the first country to tions bill. The CAIP is a way of helping com- today in congratulating Manuel Esquibel for recognize the fledgling U.S. republic during the Administration of President George munities that are negatively impacted by his tireless service and countless contributions Washington, was laid to rest. NAFTA. to the City of Selma. We wish him nothing but As anticipated, accession to the kingship With NAFTA came hard times for many the best as he retires from a long and suc- of King Hassan II’s eldest son and Heir Ap- areas around the country. Businesses moved cessful career in public service. parent, the 36-year old Moulay, now King, E1732 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 Mohammad VI, proceeded smoothly and ef- In the past few years, a steady stream of present, has never buckled when the going fectively. Also as expected, no significant American leaders have become eye-witnesses got rough. changes in Morocco’s domestic and foreign to the ongoing implementation of a range of They lie in the agreement of American and policies are envisioned at this time. economic and political reforms launched Moroccan foreign affairs practitioners on the What, if anything, are the implications for during the era of Hassan II. ongoing relevance of a leader with the cour- American and other international interests Together with Tunisia, Morocco has been a age to act upon her or his convictions. In in the passing of Africa’s and one of the Arab pacesetter in embracing the economic pre- Hassan II, the world was blessed with a vi- and Islamic world’s longest-serving heads of cepts of globalization and in forging a multi- sionary and dedicated leader who never shied state? faceted trade and investment relationship from tackling the controversial issue of Mid- At first glance, the most important cer- with the member-states of the European dle East peace. tainty is the certainty that key Moroccan Union. Longer than any other living Muslim lead- policies are likely to continue as before. In heightening their awareness of the oper, the late king, always far from the lime- In this, for the many who have applauded portunities for American businesses in the light, generated an immense amount of trust some of the routes less traveled that Mo- ‘‘new Morocco,’’ U.S. Congressional Rep- and confidence among Arab and Jew alike. rocco chose to traverse for the past decade— resentatives and staff have not been far be- In the end, Hassan II will be remembered in the areas of constitutional reform, eco- hind. In March 1999, 110 Members of Congress for many things. Among them, not least will nomic liberalization, political pluralism, ad- signed a ‘‘Congressional Friends of Morocco’’ be the fact that, for more than a quarter of vancement of human rights, the pursuit of a letter to President Bill Clinton. Shortly a century, he worked tirelessly at nudging, just and durable peace between Arabs and afterwards, First Lady Hillary Clinton vis- but never shoving, the protagonists much Israelis—there is comfort. ited Morocco, Egypt, and Tunisia. nearer to an enduring peaceful settlement For those who pray and plot for the In keeping with this momentum, Under- than would have been likely had he, and now quicker rather than later passing of heredi- Secretary of State for Economic Affairs Stu- his son, upon whom the burden falls to con- tary systems of governance—for the demise art Eizenstadt visited the region and articu- tinue the effort, not passed our way. of the Arab and Islamic world’s emirs, lated a vision of enhanced foreign invest- shaikhs, sultans, and monarchs—their day, ment, liberalized trade arrangements, and f certainly with regard to Morocco, appears to regional economic cooperation between the TRIBUTE TO MRS. MARILYN be no nearer to hand than before. U.S. and three Maghreb nations—Algeria, Indeed, a case can be made that, in large Morocco, and Tunisia. JONES MORRING OF HUNTS- measure because of the timeliness, rel- It is too soon to gauge the full measure of VILLE, ALABAMA evance, and overall popularity of the late the legacy that Hassan II bequeathed to his King’s reforms, the imminence of the Moroc- son and the Moroccan people. However, be- can monarchy’s political demise is even yond the fact that the baton of national HON. ROBERT E. (BUD) CRAMER, JR. more distant than it was when Hassan II suc- leadership has been passed to the new king, OF ALABAMA ceeded his father as King of Morocco in 1960. Mohammad VI, and with it the task of gov- IN THE HOUSE OF REPRESENTATIVES To say this is but to underscore the extent erning one of the developing world’s most Tuesday, August 3, 1999 to which the Middle East has become so fascinating and important countries, there is topsy-turvy within the adult lifetime of a much else of interest and value for Ameri- Mr. CRAMER. Mr. Speaker, I would like to single person: the late King of Morocco. cans and others to ponder. take this opportunity to recognize Mrs. Marilyn Had Hassan II lived and chosen to speak Consider for a moment the following. Mo- Morring of Huntsville, Alabama, for her many his mind on the subject, it’s likely that he rocco is a country that is at once African, years of outstanding service to our community. would have agreed with Diogenes, who is al- Arab, Maghrebian, Mediterranean, Middle In the Huntsville community, Mrs. Morring is leged to have requested that he be ‘‘buried Eastern, and Islamic. Its international stra- with my fact to the ground, for in no time at tegic importance is underscored by its coast- an emblem of education. She has lovingly de- all the world will likely be upside down.’’ al frontage and twenty ports on two of the voted 25 years of her life to the service of im- There are ironies here. For one, search any world’s largest and most fabled seas. parting wisdom and a love of learning to the library on the Middle East from the mid- Moreover, Morocco’s geography and nat- children of our community. In her many years 1950s onward, and the work of one political ural resource base—with its mountains, val- of teaching both in public and private schools, science author to the next will be shown as leys, rivers, trees, and verdant fields—are as Mrs. Morring taught every subject from sixth to having predicted with a certainty bordering variegated as any in the developing world. twelfth grade, produced musicals for the on arrogance that, in short order, all the Its people are the heirs of an extraordinarily Arab world’s dynasts would be overthrown, rich culture and heritage that, long before school and initiated an organized a bus tour to blown away as so many will-o’-the-wisp dan- we became an independent nation, had links Washington, D.C. delions into the dust. to our own. In her modest and selfless manner, Mrs. Conventional wisdom of the day postulated Within Morocco’s archives, and continuing Morring has touched the lives of so many fam- that the wave of the future belonged to the to this day in the country’s international re- ilies in my district. To me, she symbolizes the Nasirists and their camp followers from Mo- lations, is abundant and ongoing evidence of model educator, dedicated, intelligent, caring rocco to Muscat, from Baghdad to Berbera, a record of friendship with the United States and leading by example. Her reflections on from Aden to Algiers and Aleppo in between. and the American people that, among the her long career in education exemplify the Pundits prognosticated that the coming world’s politics, is second to none. generation, nowadays’ nineteen nineties— The implications of the change in Moroc- simple joy she finds in children, teaching and yesterday’s tomorrow—would be led not by co’s leadership for American national inter- life; ``. . . by teaching others I learned about Hassan II and his dynastic counterparts, or ests are that the U.S. needn’t change any of my own self, my community, and about other anyone else whose lot was hereditary, but, its policies toward this oldest among con- people. I made life-long friends and have rather, by the proverbial middle class mili- temporary Arab kingdoms. watched with great satisfaction the lives and tary officer, the khaki-clad knight on horse- They are to underscore the value of Moroc- achievements of the young people I taught.'' back. co’s having stood by the U.S.—and the U.S. This is a fitting honor for one who has in- But, in Morocco, as elsewhere in the Arab having stood by Morocco—throughout the world, this was not to be. That it proved not Cold War and after, and our joint commit- stilled in several generations of Huntsville citi- to be the case was in large measure because ment to remain each other’s ally in the fu- zens a respect and understanding for history Hassan II was not bereft of equestrian polit- ture. and government. In 1982, her school honored ical skills of his own. They are to take heart in the realization her by establishing the Marilyn J. Morring His- That those who sought to precipitate the that, if anything, the new King, who is no tory and Alabama Government Award. late King’s political demise failed in the end stranger to the United States and American Mrs. Mooring's volunteer work has been es- was not, however, for lack of trying. Twice, values, is likely to work even harder at sential in building the quality of life the people in 1970 and again in 1971, they came close to strengthening the U.S. Morrocco relation- succeeding. Nor, for that matter, can it be ship. of Huntsville enjoy today. Described as the said that they truly failed. The implications of the smooth and effec- ``glue'' that holds it all together, Mrs. Morring Indeed, the King’s opponents can claim tive passing of the mantle of leadership from has given of herself in countless capacities in- credit for having quickened his conscience father to son, as had been envisioned all cluding the Huntsville Symphony Orchestra, andcommon sense to realize Morocco’s na- along, were encapsulated in the act of Presi- the Huntsville Museum of Art, the Huntsville tional interests dictated that he institute dents Clinton and Bush walking with other Public Library, Burritt Museum, the Leukemia sweeping constitutional, political, economic, heads of state behind the King’s coffin on the Society and the Arts Council. In 1996, she and human rights reforms. day of his funeral. Few developing countries have traveled as They lie in the predictability of continued won the prestigious Virginia Hammill Sims far and as fast in reforming the American national benefit from the leader- award. Her nominators said it best, ``For over underpinnings and trappings of its economy ship of a ruling family that, from the time of 46 years she has been a part of the begin- and socio-political system as Morocco in the Eisenhower’s visit to Morocco in the midst ning, growth and development of the cultural last decade of the late King’s reign. of World War Two, straight through until the `best' in this city, working tirelessly behind the CONGRESSIONAL RECORD — Extensions of Remarks E1733 scenes to make her home town a better place to over 15 million by the year 2030. Our cur- Most Americans neither understand nor in which to live.'' rent patchwork of programs funded through have prepared for their long-term care needs. I want to offer my best wishes to Mrs. Medicare and Medicaid are not well posi- Many of our constituents do not understand tioned to meet the demographic challenges Morring and her family. She has indeed in- that await us. the difference between Medicare and Med- spired me and countless other students old icaid. They also have many misperceptions of and new to seek knowledge and to use that There are no ``good-old'' days we can turn the benefits available from Medicare. The gen- knowledge to serve others. to and proclaim as the golden age of care for eral public does not understand that Medicare f the elderly. The simple fact is that old age and does not provide for long-term care. This error the need for long-term care is a modern phe- is compounded by the fact that most people RECOGNIZING THE THOMAS AND nomenon. In the 1930s, the life expectancy of mistakenly believe that their health care will BRIDGES FAMILIES most people was around 65 years. Con- cover their long-term care needs. For these sequently, previous generations did not have reasons, and many others, Americans do not HON. ED WHITFIELD to confront the prospect of tens of millions of have sufficient financial resources to pay for citizens needing long-term care. OF KENTUCKY long-term care. Current estimates greatly expand the life ex- IN THE HOUSE OF REPRESENTATIVES Women are especially hard hit by the lack pectancy of Americans. A man born in 1957, of planning for long-term care. In general, Tuesday, August 3, 1999 the height of the baby boom, can expect to women live longer, earn less money, and are Mr. WHITFIELD. Mr. Speaker, I rise in trib- live to 78. A woman born the same year will often required to be the primary care giver. ute to the Thomas and Bridges families, who live to 85, an additional 7 years. Improve- The consequence is that they do not have suf- will come together for their 28th reunion in ments in general public health and medical ficient resources to meet their own health care Cadiz, Trigg County, KY, this weekend. practice, and changes in life style will continue needs. Take as an example a young woman Drury Bridges brought his family to Ken- to extend the average age that people can ex- who decides to take time from her career, stay tucky from North Carolina in 1804. James pect to live. The practice of medicine has wit- at home, and raise a family. The time out of Thomas, Sr., also a North Carolina, came 2 nessed monumental changes during recent the job market means that she is not earning years later. Both patriarchs had taken part in decades. What was once considered medi- an income and contributing to a retirement the struggle for independence during the Rev- cally impossible is now common place. Life- plan. In addition, she is not contributing to so- olutionary War, but they had never met until styles have changed as well. Our constituents cial security. Finally, she is not keeping pace they acquired land grants near each other in are learning to ignore the lies spread by ciga- with her career and her salary will be less a portion of Christian County that in 1820 rette manufacturers and are turning away from than those who remained in the work force. would become Trigg County. this deadly habit. Similarly, more Americans When this women retires, her Social Security With the passing of time, three of the now understand how diet and exercise can im- benefits will be far less than a man the same Bridges children married three of the Thomas prove their health and extend their lives. age who worked uninterrupted his adult life. children, the beginning of family connections A common urban legend we must avoid is Moreover, this women will not have com- that remain strong today. the belief that families gladly dump their par- parable financial assets including pensions During the almost 200 years since these ents into nursing homes as a ready conven- and health care insurance. All too often, two families chose Trigg County as their ience. The truth is that families want to look women then deplete their retirement savings home, they and their descendants have made after each other and use nursing homes only and assets paying for the ailing husband's invaluable contributions to the cultural, reli- as a last resort when the burden of care is belong-term care needs. Anyone who believes gious, educational, and political life of the yond their control. The majority of the persons that women now enjoy equal opportunity is count with long term health care needs continue to woefully ill-informed. It is my honor to represent these distin- live in their home. Of the extreme elderly, These facts and trends lead to a clear con- guished families in the Congress of the United those 85 and older, only 21 percent live in clusion: We must plan for the future and act States and I am proud to introduce them to nursing homes. Most of those residents are decisively now. If we do not, millions of our my colleagues in the House of Representa- not there by choice, but because they require fellow citizens will face catastrophic health tives and recognize their patriotism and civic skilled nursing services. care problems without ample financial and so- leadership. We need to focus on the facts and plan for cial support. f the future. The end of World War II was the We cannot depend on single simple-minded beginning of the baby boom. By 2010, those solutions. Neither private insurance nor Med- OMNIBUS LONG-TERM HEALTH children born in 1945 will begin to retire. Ac- icaid can cover long-term care to any mean- CARE ACT OF 1999 cording to a recent CBO report, in the year ingful extent. Long-term care insurance is a 2010 there will be 40.6 million people over the shell game of dollar trading. Those who can HON. FORTNEY PETE STARK age of 65Ða 14 percent increase from the afford these policies are usually better off in- OF CALIFORNIA year 2000. The trend will continue. By 2040, vesting their money in other ventures that IN THE HOUSE OF REPRESENTATIVES there will be 77.9 million people over the age produce better financial yields. Those who of 65, 118 percent more than in 2000. Indeed, need long-term care typically cannot afford the Tuesday, August 3, 1999 the 85 and older age group is the fastest insurance. Those who are young enough to Mr. STARK. Mr. Speaker, today, Represent- growing segment of the population. As the av- afford the policies typically have other press- ative ED MARKEY, I and others are introducing erage age of Americans increases, the propor- ing financial obligations including raising a legislation that will affect the qualify of life for tion of citizens with disabilities will also in- family, mortgages, and college tuition. Any all Americans with long-term health care crease. According to the CBO, by 2040 over mandate to require folks to buy long-term in- needs. Each day, millions of families struggle 12% of the elderly will be disabled by a phys- surance is a regressive tax hidden behind a as they care for their loved ones who suffer ical or mental condition. The growth in the fancy name. from chronic and debilitative diseases. Alz- number of persons with Alzheimer's disease il- We cannot count on Medicaid as it is the re- heimer's disease, Parkinson's disease, mul- lustrates the need to develop a comprehen- source of last resort. Patients cannot use this tiple sclerosis, and the ravages of old age sive long-term care program. benefit until they have exhausted all their per- make many people dependent on others for As many as 4 million of the nation's elderly sonal resources. Do we really intend to de- their basic care. We legislators have a funda- currently suffer Alzheimer's disease. Unless mand that people face financial ruin to main- mental obligation to act decisively to ensure someone finds a cure for this condition, the tain health care? Suffering a severe physical the quality of life for all citizens, especially numbers are sure to grow. Within the next 20 or mental health problem is stressful enough, those who can no longer care for themselves. to 30 years there may well be over 14 million we should not further burden patients with the The simple fact is that we need to act now persons with this terrible disease that slowly anxiety surrounding financial disaster. to avoid the ``baby boomer'' crisis in long-term destroys the brain. According to recent sur- Mr. Speaker, my colleagues, we have the health care. As Professor Ken Thorpe testified veys, over 50 percent of persons with Alz- opportunity to create the golden era for long- before the Senate Finance Committee on May heimer's disease continue to live with a rel- term care, but we must start now. The legisla- 26, 1999, ative or spouse who sees to their day-to-day tion that we offer today sets the stage for bet- The number of persons requiring assistance care. This personal care may last for many ter long-term care. due to physical, cognitive or other disabil- years and represents the equivalent of a full- Our legislation recognizes that there is no ities is expected to rise from 7 million today time job. single quick fix for long-term care. For this E1734 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 reason, we propose a range of legislative ini- CONGRATULATING MS. TAMMARA Yesterday, Willie Morris died. Willie lived in my tiatives that, when combined, offer a com- DEANE’ CRAWFORD ON HER SE- district down in Jackson. Willie will always live, prehensive package. We describe the details LECTION AS A 1999 DEBUTANTE Mr. Speaker, in the hearts of thousands of the Comprehensive Long Term Health Care OF DELTA SIGMA THETA SOROR- around our planet who have read his words Act elsewhere in today's RECORD. We hope ITY discovering a world of penetrating wit, warm that our colleagues and advocacy groups will memories, and prose that can bring the angels join in support and in recommending refine- HON. RICHARD H. BAKER to earth and soothe our longings to connect ments and improvements. OF LOUISIANA with our broader world.

f IN THE HOUSE OF REPRESENTATIVES Willie Morris grew up in Yazoo City. We Tuesday, August 3, 1999 know about small town America in the 1950's SILK ROAD STRATEGY ACT OF 1999 because Willie told us about it. He told us Mr. BAKER. Mr. Speaker, I rise to congratu- about childhood friends like Bubba and Henjie. late a constituent of mine, Ms. Tammara SPEECH OF And he let us remember the loving wags and Deane' Crawford on her selection as a 1999 pants of childhood pets like his beloved dog HON. DAN BURTON Debutante of Delta Sigma Theta Sorority. Ms. Skip. We remember an America that only chil- OF INDIANA Crawford is to be commended for her accom- dren can recall; an America of simple dreams plishment and is, in my opinion, very deserv- IN THE HOUSE OF REPRESENTATIVES poised to enter the turbulent period we call the ing of this honor. Monday, August 2, 1999 sixties. Willie's memories were our memo- Ms. Crawford is sixteen years old and is a Mr. BURTON of Indiana. Mr. Speaker, the senior at Woodlawn High School in Baton riesÐChristmas with Uncle Percy in Jackson, House, today, considered H.R. 1152, which Rouge. She sets the example for many of her the smell of turkey and talk of baseball, high seeks to promote free market policies in the classmates by being involved in both the Stu- school football on cool autumn nights, and new republics of Central Asia and the dent Government Association and the those first dates with sweaty palms and nerv- Caucasus and to encourage foreign invest- Woodlawn High School track team. ous laughs. How can we thank Willie Morris ment, increased trade and other forms of com- Not only has Ms. Crawford been a positive enough for putting our memories on paper? mercial ties between the countries of these re- example to her peers at Woodlawn High Willie gave us the sixties as a student at the gions and the rest of the world. School as a scholar, a student leader, and an University of Texas and a Rhodes Scholar in These are praiseworthy objectives, and leg- athlete, she is also a shining example to her England. We came of age with Willie as he re- islation expressing U.S. support for the fledg- community. Ms. Crawford, in her spare time, is called campus ramblings and long road trips. ling democracies of the Silk Road region dean active member of St. Francis Xavier Catho- Willie Morris told us about the reality of Amer- serves priority attention. Consequently, I sup- lic Church, the Louisiana National Association ica and being a young person finding his place port the goals of H.R. 1152, the Silk Road for the Advancement of Colored People, the in the greater American family. We see our- Strategy Act of 1999. African American Christian Youth Organiza- selves seeking to understand and find our At the same time, however, many compa- tion, and the Baton Rouge Area Girl Scouts of places in the words of Willie. nies from OECD countries, including the America. In addition to her involvement with United States, have substantial direct invest- these community organizations, Ms. Crawford When Willie Morris became editor of Harp- ments in several of the Silk Road countries also volunteers her time with the Volunteens er's Magazine, he was the youngest to do so and are not being accorded fair treatment. In- as well as teaching the proper handling of in their history. He led Harper's through the vestment contracts are not being honored, ex- horses at a local camp, Camp Marydale. late 1960's and early 1970's with courage and port permits are not being issued and de facto Mr. Speaker, Ms. Crawford represents ev- honesty. He addressed the tough issues of the nationalizations of foreign investment have oc- erything that is right with our youth in America. day and refused to cave in to conventionality curred. In several instances, formal complaints At a time when the news regarding our young for the sake of getting along. We met Truman have been lodged by investors through U.S. people is so disturbing, and quite frankly de- Capote, Bill Styron, and so many others and other embassies in the region. pressing, it is refreshing to take the time to through Willie's essays. In broadening his In an effort to discourage this kind of mis- look at young women like Ms. Crawford who world, ours was enlarged as well. treatment, the International Relations Com- not only recognize the need to excel in their Following his years in New York, Willie be- mittee amended the bill to include language studies, but also recognize the need to became Writer-in-Residence at Ole Miss and fin- conditioning U.S. assistance on the fair treat- come involved in society at large. I am proud ished his years in Jackson. His commitment in ment of foreign investors. Specifically, the to know that she is a constituent in Louisiana's encouraging and bringing out the best of Mis- amendment requires recipient governments to Sixth Congressional District and I am proud to sissippi's collective nature was impactful and demonstrate ``significant progress'' in resolving have this opportunity to recognize her profound. He mentored and gave us new investment and other trade disputes that have achievements. Southern writers like Donna Tartt. Willie made been registered with the U.S. Embassy and Mr. Speaker, I know that you and all of my us laugh at ourselves. He brought us together raised by the U.S. Embassy with the host gov- colleagues in the House of Representatives as one. ernment. join in congratulating Ms. Tammara Deane' I think Willie Morris let us embrace our I was pleased to sponsor this amendment, Crawford upon her selection as a 1999 Debu- Southernness in the context of being a mem- because without it the Silk Road bill could tante of Delta Sigma Theta Sorority. I know ber of the entire American family. In his prose, have caused the beneficiary governments to that she has made her parents, Eddie and Willie was honest about himself and his cul- conclude that they had a green light to renege Myra, and her sister and brother, Taylor and ture. Yet while embracing the truth, Willie on commitments to foreign investors, jeopard- Timothy very proud. made us proud of our accomplishments, our izing hundreds of millions of dollars of invest- f ments. In this regard, a number of pension potential and ourselves. He was a visionary plans have investments in companies doing WILLIE MORRIS, FAMED MIS- who could make the past alive and relevant business in countries such as Kazakhstan. SISSIPPI WRITER PASSES AWAY while caring for the people and events of the The average worker participating in a pension present. is adversely affected as well, and this must HON. RONNIE SHOWS We will always remember and have Willie stop. OF MISSISSIPPI Morris at our side. We will read the pages of As amended, this bill should send a strong IN THE HOUSE OF REPRESENTATIVES North Toward Home, The Courtship of Marcus signal that countries should not expect to re- Dupree, My Dog Skip, and his many other ceive U.S. assistance if they mistreat compa- Tuesday, August 3, 1999 books and essays with a reverence and real- nies that provide critical investment capital and Mr. SHOWS. Mr. Speaker, this morning I ization of our place in the world. Willie Morris employment opportunities. stand before you, my colleagues and the was our bridge between past and present, and Mr. Speaker, I urge my colleagues to sup- American people with sad news. One of our our voice for the better angels in us all. He al- port H.R. 1152. nation's greatest artists has passed away. ways will be. CONGRESSIONAL RECORD — Extensions of Remarks E1735 HONORING ALAN KARCHER, AR- HONORING DR. JOE TARON bers of military personnelÐparticularly Guard CHITECT OF NEW JERSEY’S LEG- and ReservistsÐare choosing to resign rather ISLATURE HON. WES WATKINS than take what may be an unsafe anthrax vac- OF OKLAHOMA cine. HON. RUSH D. HOLT IN THE HOUSE OF REPRESENTATIVES Now, military personnel across the country OF NEW JERSEY are struggling with their options: take the vac- Tuesday, August 3, 1999 IN THE HOUSE OF REPRESENTATIVES cine or leave the service. Tuesday, August 3, 1999 Mr. WATKINS. Mr. Speaker, I rise today to Unfortunately, too many are choosing the honor Dr. Joe Taron, a faithful servant of the latter. Mr. HOLT. Mr. Speaker, I rise today to di- people of Pottawatomie County, in the Third At Travis Air Force Base alone, 32 pilots in rect the attention of my colleagues to the ac- Congressional District of the Great State of the 301st Airlift Squadron have resigned or complishments of Central New Jersey's Alan Oklahoma. Dr. Joe has committed his life to are planning to do so because of the anthrax Karcher, who died on Monday, July 26 at the improving the quality of life of the people vaccine. age of 56. around him, and his accomplishments over the Mr. Karcher, a dedicated member of the That is more than a fifty percent attrition years are considerable. Democratic Party, represented the city of New rate. For 23 years Dr. Joe's vision, hard work, Brunswick and the rest of the 19th Legislative The Air Force estimates it costs $6 million perseverance and leadership have been the District in the New Jersey Assembly for seven- to train each pilot. teen years. inspiration of the effort of build the Wes Wat- If this figure holds true, the United States is His years of service had a lasting impact on kins Reservoir near McLoud, Oklahoma, to losing over $190 million dollars worth of train- the politics of my state. As Lou Rainone, a provide a permanent new water source to the ing and over 450 years worth of combined ex- friend, aide, and law partner to Mr. Karcher, citizens of Pottawatomie County. On Monday, perience in the cockpit! has said, Mr. Karcher was ``the architect of the August 9, the lake will be officially dedicated, These statistics are not isolated to one unit modern legislature in New Jersey. He made providing not only a valuable new source of or one base. the Legislature an equal branch of government drinking water to the cities of Shawnee and A recent Baltimore Sun article reported that with the Governor's administration.'' Tecumseh, but also providing the citizens of as many as 25 F±16 pilots of 35 pilots in the Governor Christine Todd Whitman agrees. Pottawatomie County and the people of cen- 122nd Fighter Wing of the Indiana National On Tuesday, she ordered state government tral Oklahoma with a great recreational re- Guard might refuse the vaccination. This could flags flown at half-staff for the remainder of source for swimming, boating and fishing. effectively ground the squadron. the week, and remarked that Mr. Karcher I am proud to call Dr. Joe my friend. He is At least one-third of the F±16 pilots in the ``was a worthy and capable adversary who a wonderful ``role model'' for our children and Wisconsin National Guard's 115th Fighter truly embodied the spirit of the loyal opposi- grandchildren, and our country is a better Wing is expected to refuse the vaccinations. tion.'' place because of his work to help those Another Air National Guard unit in Con- Mr. Karcher began his remarkable political around him. Mr. Speaker, I rise today to honor necticut reportedly lost one-third of their pilots career early in life. In 1966, while still a stu- Dr. Joe Taron for his outstanding commitment for the same reason. dent at Rutgers University Law School, Mr. to his community, state and country. I urge my The active duty force is also plagued by this Karcher served as Secretary to the President colleagues to join me in wishing Dr. Joe many problem. of the New Jersey Senate. After several more more years of continued joy and happiness. Fourteen Marines in Hawaii and at least a years of staff service to the legislature, Mr. f dozen in California have refused the vaccine Karcher was elected to office himself in 1973. THE ANTHRAX ISSUE IN THE and are awaiting likely court-martials and dis- Mr. Karcher went on to become Majority Lead- honorable discharges. er in 1980 and Speaker of the Assembly in DEPARTMENT OF DEFENSE Other reports indicate that even the Depart- 1981. ment of Defense estimates several hundred A political upset in 1985 brought the Repub- HON. WALTER B. JONES licans a majority in the assembly and removed active personnel have refused the vaccine and OF NORTH CAROLINA are awaiting disciplinary action. Mr. Karcher from the Speaker's chair. Yet Mr. IN THE HOUSE OF REPRESENTATIVES Karcher continued to serve in New Jersey pol- In a time when all branches of our military Tuesday, August 3, 1999 itics, campaigning unsuccessfully for the are faced with severe challenges in recruiting Democratic Governor's nomination in 1989 Mr. JONES of North Carolina. Mr. Speaker, and retaining quality military personnel, we and serving in the Democratic National Con- earlier today, a number of my colleagues should be looking for ways to recruit and re- vention in 1984 and 1988. Mr. Karcher retired joined me in a press conference to discuss an tain these men and women, not drive them from the New Jersey Assembly in 1990. issue that I believe may jeopardize the readi- away. Mr. Karcher's service to his state and coun- ness of our militaryÐthe Department of De- For this reason, Mr. GILMAN and I each in- try did not end there. In 1990, Mr. Karcher ac- fense Anthrax Vaccination Immunization Pro- troduced separate pieces of legislation to ad- cepted an appointment as a fellow in resi- gram. dress the problem. dence at the Institute of Politics at Harvard Mr. GILMAN, Mr. BURTON, Mr. FILNER, Mr. My legislation, H.R. 2543, the American Mili- University's John F. Kennedy School of Gov- METCALF, and Mr. HAYES all joined me to ex- tary Health Protection Act, would make the ernment. He wrote two books on political press our shared concerns over the manda- current Department of Defense Anthrax Vac- issues and helped found the successful tory anthrax vaccination program. cination Immunization Program voluntary for Sayreville law practice of Karcher & Rainone. I wanted to take a few moments to share all members of the Uniformed Services until In 1987, he served as an appellate counsel for some of my thoughts on the press conference either: (1) The Food and Drug Administration Mary Beth Whitehead-Gould in the historic and the anthrax issue as a whole. has approved a new anthrax vaccination for ``Baby M'' surrogate-mother case which was In March of this year, I met with a number humans; or (2) the Food and Drug Administra- successfully argued before the New Jersey of reservists from Seymour Johnson Air Force tion has approved a new, reduced shot course Supreme Court. Base in the Third District of North Carolina, for the anthrax vaccination for humans. After retiring to Princeton, New Jersey sev- which I am proud to represent, to hear their Mr. GILMAN's legislation, H.R. 2548, stops eral years ago, Mr. Karcher's last great ac- concerns about the mandatory anthrax vac- the vaccination program until the National In- complishment was to rebuild the Democratic cination program. stitutes of Health has completed additional party of Mercer County, where in 1998 he After listening to their concerns, I contacted studies. helped to bring about my own upset victory Secretary Cohen and requested the program However, today's press conference was not against a favored incumbent. be halted until the questions surrounding the about pushing a single bill. Instead, we were Mr. Speaker, Alan Karcher's life was a program could be answered. there today because despite our respective model of public service, commitment, and po- The Department denied my request. It also differences, there is solidarity in our goals. litical integrity. He stands as an example to us failed to address my concerns. Each of the men and women at the press all, regardless of party and persuasion. I hope Mr. Speaker, all branches of the military are conference represented differing views on how that my colleagues in the House will join me currently experiencing great difficulty in recruit- to best deal with the anthrax vaccination pro- and other Central New Jerseyans in extending ing and retaining quality military personnel. gram. our gratitude and condolences to Mr. Since the announcement of the mandatory Yet, we all agreed on one point: The man- Karcher's friends and family. vaccination program in 1997, growing num- datory anthrax program must be changed! E1736 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999

For that reason, today Mr. GILMAN and I but we need it on a nationwide level, we need The problems with CIA covert operations were able to announce our joint efforts to se- it to be comprehensive, it needs to start be- and abuse of power won’t go away overnight, cure a hearing in the Armed Services Com- fore a child is in school, in their preschool, but steps can and should be taken to limit on television, in the newspapers, and it needs and hopefully eliminate covert operations. mittee on our respective legislative proposals. to continue right up through adulthood. Laura Freeman: I am speaking on the If our American men and women are willing I also believe that there should be pro- School of the Americas. to risk their lives to defend this great nation, grams out there to help adults, like my fa- Would you willingly arm a murderer? the least we can do is ensure their questions ther right now, who is addicted to nicotine Would you support the education of some of of safety have been adequately answered be- and struggling with it. He is having an awful the worst human rights violators in this fore requiring them to take it. time quitting. And there needs to be a pro- hemisphere? Would you finance a school It is important to respond to this issue be- gram out there to help people like him get which trained its graduates in the most ef- fore a small readiness problem affects the en- rid of his addiction. fective ways to interrogate, including tor- Congressman Sanders: Thank you for a ture, blackmail and execution? tire force. very strong presentation. Whatever the answer of American citizens, I am hopeful that all of our colleagues will every year, $20 million go from the taxpayers join us in working to achieve that goal. U.S. INTELLIGENCE ISSUES to a school that does exactly these things. f (On behalf of Bethany Heywood and Laura The School of the Americas, or SOA, was Freeman) started in Panama in 1946. Its original pur- TOBACCO AND U.S. INTELLIGENCE pose was to train Latin Americans in mili- ISSUES Bethany Heywood: How would you feel if a tary techniques, which would allow them to total stranger demanded your money and create stable democratic governments in wouldn’t tell you what it was being used for, Latin America, as well as repress communist HON. BERNARD SANDERS but assured you it wouldn’t be misused? activities and revolutions. OF VERMONT Would you trust this person? Of course not. SOA students learn combat skills, military IN THE HOUSE OF REPRESENTATIVES But this is essentially what the CIA does to intelligence, commando tactics, sniper train- the American taxpayer, and with their track Tuesday, August 3, 1999 ing, torture techniques, and psychological record, we certainly shouldn’t trust them to warfare. Most of the courses resolve around Mr. SANDERS. Mr. Speaker, I submit for use our money properly. what they call counterinsurgency, states Fa- Taxpayers don’t even know how much printing in the RECORD statements by high ther Roy Bourgeois, a priest who has dedi- money the CIA receives, although a rough school students from my home State of cated his time to protesting the SOA. estimate is $3.1 billion per year. In the past, Who are the insurgents? They are the poor. Vermont, who were speaking at my recent the CIA has used a substantial part of its town meeting on issues facing young people They are the people in Latin America who budget to finance covert operations, many of call for reform. They are the landless peas- today. I believe that the views of these young which we are just finding out about. Details ants who are hungry. They are healthcare persons will benefit my colleagues. of covert operations aren’t declassified until workers, human rights activists, labor orga- decades after the actual event. Conveniently, TOBACCO nizers. They become the insurgents. How do by the time a covert operation is disclosed, (On behalf of Sara Sinclair) the graduates of the School of the Americas any public outrage that might have erupted use their skills? They murder priests and Sara Sinclair: Hi. My name is Sara Sin- will have been squelched by the time lapse. archbishops, missionaries, and, perhaps clair. Whether they’re in the past or not, some of worst of all, civilians, their own people. I’m here to talk about an issue that in the CIA’s actions have been inexcusable: As- With the advent of the SOA’s move to Fort many ways relates to nationwide health sassinations, attempted assassinations, mas- Benning, Georgia, the school has become care, and in many ways would make it more sive propaganda efforts to prevent undesir- something we are less and less able to dis- feasible, and that is tobacco control. able people from winning foreign elections, associate from. As Father Bourgeois said: Right now in the state of Vermont, 36 per- operations to topple democratically elected ‘‘We are talking about a school of assassins cent of our peers are addicted to nicotine, foreign leaders from power, internal spying right here in our backyard, being supported which is the active drug in tobacco. 2,000 of on American citizens, extensive mind con- by our tax money. It’s being done in our us become addicted to it every year, and trol experiments conducted at universities, name.’’ roughly 12,000 of us, alive and in high school prisons and hospitals. The list goes on and What can we do to clear our name of this now, will die because of tobacco use. And on. Are these activities the government stain? The answer is simple: Close the School personally, that scarce me a whole bunch. should be spending money on? of the Americas. We must act to save the I remember when I was in elementary Although the CIA is prohibited from en- lives of people all over Latin America. To school—I will be graduating next year; I am gaging in assassinations, attempts have been quote Salvadorian Archbishop Oscar Ro- a junior this year—and we were the Smoke made to assassinate quite a few foreign lead- mero, ‘‘We who have a voice, we have to Free Class of 2000. In elementary school, we ers. Some of the targets have been Castro, speak for the voiceless.’’ had all these wonderful programs, and every- DeGaulle, Khadafy, Khomeini and Hussein, one said, ‘‘Okay, I’m not going to smoke,I’m just to name a few. One of the CIA’s sup- f not going to smoke.’’ And as time wore on, posed restrictions is that its limited to intel- we got into high school, and the program ligence operations on foreign soil only. Ap- THE INTRODUCTION OF THE OMNI- sort of fell away. And now I look at my parently, the CIA has trouble discerning for- BUS LONG-TERM CARE ACT OF peers, and I see a huge number of them ad- eign soil from American soil, because, in the 1999 dicted to tobacco. Their skin is becoming 1970s, 300,000 Americans considered poten- wrinkled. They get shaky when they don’t tially dangerous to national security were have their cigarette. They have this strong indexed in the CIA computer. Citizens con- HON. EDWARD J. MARKEY need for it. sidered particularly dangerous were place OF MASSACHUSETTS And it’s very frightening for me to see my under surveillance, with bugs in their IN THE HOUSE OF REPRESENTATIVES peers addicted to that so early, and to know phones, microphones in their bedrooms, or Tuesday, August 3, 1999 that they will probably suffer long-term ef- warrantless break-ins into their homes. fects from their tobacco use now. I have a One way to stop the CIA’s activities would Mr. MARKEY. Mr. Speaker, I am pleased to ten-year-old sister right now who says, ‘‘I’m be to cut CIA funding so there isn’t enough join my good friend PETE STARK today as we not going to smoke, I’m not going to for covert operations. Right now, the presi- introduce a comprehensive long-term care bill. smoke.’’ And I hope she will be able to hold dent can direct the CIA to undertake a cov- PETE and I have been concerned about the true to that. But I fear that, even if she does, ert operation, and is advised to do so by the long-term care needs of seniors, near-seniors, that many of her peers won’t. National Security Counsel, or NSC. Members and the disabled for quite some timeÐand I think that the government needs to take of the NSC are appointed by the president. strong steps to prevent tobacco use in chil- This does not represent a diversity of people PETE has been a real leader on this issue in dren and in teens, because it is a very serious and ideas, because the president is going to the Congress. In the remarks Rep. STARK has issue. And even though people say, some- pick people who will agree with him. If the made for the RECORD, he gives an excellent times, ‘‘Oh, teens are going to do whatever members of the NSC were democratically summary of our bill. We hope that our bill be- they want no matter what,’’ there are effec- elected, the abuse of power by a small group gins to get Congress and the American people tive programs out there. I believe, in the of like-minded individuals could be stopped. focused on the issue of long-term care be- state of Massachusetts, the smoking rate Another way to make the decision of cause doing something about people's long- amongst pregnant mothers was cut in half whether or not to go ahead with the covert by one particular program. And I believe operation more democratically decided term care needs will be one of our Nation's that there are effective programs out there would be to have congressional oversight. biggest challenges in the next century. that need to be organized by our govern- This might be seen by some as too great a This bill contains a number of important pro- ment. Luckily, our state government here in threat to CIA authority, but would prevent visions. It's got a $1,000 refundable tax credit Vermont has taken steps in that direction, unethical abuse of power. for family caregiver expenses. The legislation CONGRESSIONAL RECORD — Extensions of Remarks E1737 makes some changes to Medicare which will Of course, the real tragedy of Alzheimer's is Palsy, Spinal Cord Injury, Muscular Dystrophy, result in the program being more useful to the human cost associated with the diseaseÐ and Stroke to name a few. beneficiaries with chronic care needs that are it ravages patients and caregivers. For mil- Our bill will help these caregivers in many best met in the home or in adult day care and lions, being an Alzheimer caregiver means different waysÐthrough refundable tax credits, other community-based settings. We clarify giving up more hours for more years and more and a change in Medicare to better meet the definition of homebound. We've got provi- money. It means less time, less energy, and beneficiaries' chronic care needs at home or sions to enhance and ensure that our Nation's fewer resources for other family members, for in adult day care and other community-based nursing homes are top-notch. We also incor- dear friends, and for the caregivers them- settings to name just a few. porate President Clinton's proposal permitting selves. This legislation is not perfect. But it is a be- Federal employees to buy long-term care in- Alzheimer's is now the third most expensive ginning. It will be expensiveÐbut I think there surance at group rates through the Office of disease in our country after heart disease and is a compelling argument to be made that Personnel Management and require that a cancer, and yet the federal commitment to long-term care needs to be at the top of our plan be developed to allow all Americans to Alzheimer's research is three to five times less priority list. In 1995, Republicans were pre- buy these types of policiesÐall the while pay- than the commitment the government has pared to let Medicare ``wither on the vine.'' In ing special attention to the highest consumer made to research on those other diseases. 1997, in the mad rush to pass the BBA the protection standards. We have adopted the Last year, I led the effort to have Congress in- Republicans said Medicare is too expensive, President's proposal to create a family care- crease Alzheimer's funding at NIH by $100 and by the way, we need to cut it to pay for giver support program through grants to the millionÐwe got $50 million. This year I'm a tax cut. So in 1997 they chose Millionaires States. Our bill will extend Medicare eligibility working to increase that funding by $100 mil- over Medicare. Earlier this year, I proposed to family caregivers who are qualified to re- lion again. the 2 percent SolutionÐusing 2 percent of the ceive the tax credit. And finally, we protect Alzheimer's Disease is only part of the prob- projected future budget surplus to fund a long- family caregivers who must leave the work- lem, however. We have a chronic care crisis term care program for in-home and commu- force to care for a loved one by making them in our country today. Without a coherent and nity-based chronic care and respite care. I of- eligible for Social Security credits to protect comprehensive approach to care for people fered the proposal as an amendment in the their retirement income. with disabling chronic conditions, this situation Budget Committee and every Republican This legislation is not perfect. We will need will only worsen. People with chronic diseases voted against itÐthey said covering long-term to iron out some kinks along the way. But it is and disabilities will continue to suffer the con- care through Medicare is too expensive, and a beginning. It will be expensive and we don't sequences of deteriorating health if a strategy by the way, we need every penny to pay for specify from where the money will come. Ear- is not implemented to meet their long-term $800 billion in tax cuts. So, despite a soaring lier this year, I proposed the 2 Percent Solu- care needs. economy that's filling the pockets of the tionÐusing 2 percent of the projected future As part of that strategy, we must recognize wealthy, and despite the fact that the Repub- budget surplus to fund a long-term care pro- that there are thousands of spouses and other licans gave them a Balanced Budget Bonus in gram for in-home and community-based family members struggling to provide care for 1997, the 1999 atrocity is their choice of Bil- chronic care and respite care. I offered the their loved ones in their homes each year. A lionaires over Beneficiaries. proposal as an amendment in the Budget new study in the latest issue of Health Affairs What's worse, in 10 years, just as the first Committee and every Republican voted estimates the current market value of unpaid wave of baby boomers is set to retireÐthe against itÐa party line vote. The Republicans caregiving to adults who are disabled or price tag for the second 10 years of this year's needed every penny they could find to pay for chronically ill to be nearly $200 billion a year. Republican tax cut will explode to nearly $3 $800 billion in tax cuts. Surely, we can do bet- These family caregivers are heroesÐthey fill trillion. Surely, we can do better. ter. This problem is not going to go away. a virtual ``no care zone'' where loved ones We have entered a new era in Wash- One of the greatest American achievements have no chronic care coverage but still have ingtonÐan era with surplus as far as the eye of the 20th century has been our ability to in- chronic care needs that require monitoring, can seeÐan era when the stock market is crease life expectancy. From the dawn of time oversight, and assistance. soaring, unemployment is at record lows, and to the year 1900, the average life expectancy The cuts passed as part of the Balanced American prosperity is unparalleled in the in the United States was 47 years. Over the Budget Act have had a devastating impact on world. We can afford to give America's care- last 99 years, we have nearly doubled the life real people's lives. In my district, one hospital giver heroes helpÐPETE STARK and I have a expectancy of Americans. We have done so has closed and two have been radically al- plan which will send the message to these he- with a massive infusion of Federal research teredÐone of them became a ``hospial without roes that help is on the way. dollars, and through thoughtful and compas- beds'' performing only outpatient day surgeries I am pleased to join in introducing this bill sionate programs that provide health care for and closing its emergency room and maternity today. Rep. STARK and I will be devoting a lot millions of AmericansÐMedicaid and Medi- ward. Home health agencies and community of time and energy recruiting members who care. health centers are closing. And the community care deeply about the long-term care crisis in What of the quality of that longer life how- hospital system serving my hometown of our countryÐtogether we will be working on ever? I believe we have a moral obligation to Malden and the surrounding communities has solutions for patients, for caregivers, and for ensure that people who are living longer are slashed its home health visits from 470,000 in families managing the impact of chronic and not living sicker and poorer. 1997 to 332,000 in 1998 and they estimate disabling conditions on their everyday lives. Today, Alzheimer's Disease is on track to only 260,000 for 1999. 1,400 patients have We look forward to working with our col- wreak havoc on our nation's health care sys- been cut from the system's home health care leagues in the weeks and months to come tem and leave millions of American families in roster. building the coalition and passing legislation to emotional and financial ruin. The disease af- The Congressional Budget Office is having bridge the gap between need and coverage fects over 4 million people nationwide and will a hard time explaining the remarkably slow for people suffering from chronic illness and affect as many as 14 million by 2050. Alz- rate of growth in Medicare. At the same time, disability in our country. heimer's patients will symptomatically lose the CBO has drastically miscalculated the f ability to perform routine tasks, and suffer im- level of Medicare cuts attributable to the Bal- paired judgment, personality change and loss anced Budget Act. The CBO now predicts that OPPOSING THE BURTON of language and communication skills. More the BBA will result in $207 billion in ``Medicare AMENDMENT than 7 out of 10 people with this disease live savings'' over the 1997±2002 period, nearly at home. Their caregivers are not wealthy, yet double its August 1997 estimate of $112 bil- HON. RUSH D. HOLT they spend on average $12,500 per year to lion. The collapse of Medicare growth will re- OF NEW JERSEY support the person with Alzheimer's they are sult, in budget terms, in over $63 billion in un- IN THE HOUSE OF REPRESENTATIVES caring for. They work hard, but often must anticipated savings in the next three years. leave, reduce, or change employment to care These unanticipated savings should be redi- Tuesday, August 3, 1999 for their loved ones. Ninety percent of Alz- rected to their unintended victims. Mr. HOLT. Mr. Speaker, for the last few heimer's caregivers are giving care to a rel- Our plan will help to alleviate some of the years, my distinguished colleague from Indi- ative, and an overwhelming majority, 75 per- pain caused by the BBA and ease the bur- ana, DAN BURTON, has been introducing legis- cent, of caregivers are women. Studies have dens of patients and families affected by con- lation to either eliminate or greatly reduce de- shown that the typical family caregiver is in ditions like Alzheimer's, Parkinson's, Conges- velopment assistance to India unless certain her 70's and has two chronic health problems. tive Heart Failure, Multiple Sclerosis, Cerebral conditions with regards to human rights are E1738 CONGRESSIONAL RECORD — Extensions of Remarks August 3, 1999 met. These initiatives have never won the ap- and religion, and find strength in the diversity have voted ``aye'' on No. 360; ``no'' on No. proval of the House. of their land and their people. 361; and ``aye'' on No. 362. Yesterday, we were slated to vote on All this sets India favorably apart from other amendment to the foreign operations appro- countries all over the world. It is incomprehen- f priations bill that threatened to reduce devel- sible to me why my colleague chose to single opment assistance to India under the Agency out the country that is particularly well pre- PERSONAL EXPLANATION for International Development by 25 percent. pared to address its human rights problemsÐ I rose in opposition to this amendment. and has shown the willingness to do so. HON. MAJOR R. OWENS As in the past, my colleague cited human It is also incomprehensible to me why we OF NEW YORK rights abuses in India as the reason for his would jeopardize the development assistance IN THE HOUSE OF REPRESENTATIVES legislative initiative. While human rights provided by the Agency for International De- Tuesday, August 3, 1999 abuses have been uncovered in India, it is im- velopment. This development assistance is es- portant to note the significant progress India sentially humanitarian aid. Withholding this aid Mr. OWENS. Mr. Speaker, I was unavoid- has made in resolving human rights problems, would have punished the same people his ill- ably absent on a matter of critical importance as noted in the State Department's human conceived amendment sought to protect. Ac- and missed the following rollcall votes: rights report on India. cess to adequate nutrition, shelter, and edu- On the amendment to H.R. 2606 by the In Punjab the serious abuses of the early cationÐthe objective of our aid to IndiaÐis a gentleman from Colorado, Mr. TANCREDO, re- 1990's were acknowledged and condemned human right as well. garding the reduction of funding for inter- by the Supreme Court. The Supreme Court It is for these reasons that I spoke in oppo- national organizations, specifically UNESCO, I delegated responsibility for investigation of sition to the Burton amendment last night. I would have voted ``nay.'' these abuses in the Punjab to the National am glad that my colleague withdrew his On the amendment to H.R. 2606 by the Human Rights Commission (NHRC), whose amendment in light of the overwhelming oppo- gentleman from Texas, Mr. PAUL, to prohibit investigation continues. Prison visits by the sition he faced. the use of funds in the bill for international International Committee of the Red Cross in f population control or family planning activities, Jammu and Kashmir are another example of PERSONAL EXPLANATION I would have voted ``nay.'' government transparency. On the amendment to H.R. 2606 also by the India is addressing its human rights prob- HON. CHARLES W. ‘‘CHIP’’ PICKERING gentleman from Texas, Mr. PAUL, to prohibit lems because it is a democracyÐthe world's the export-import bank, the overseas private OF MISSISSIPPI largest. Although the country has confronted investment corporation or the trade and devel- IN THE HOUSE OF REPRESENTATIVES many challenges since gaining independence opment agency from entering into new obliga- in 1947, it has stayed true to its founding prin- Tuesday, August 3, 1999 tions, I would have voted ``nay.'' ciples. India is a model for other nations that Mr. PICKERING. Mr. Speaker, on rollcall Finally, Mr. Speaker on final passage of are still striving to build civil societies, institu- votes Nos. 360, 361, and 362, I was unavoid- H.R. 2606, the foreign operations appropria- tionalize democratic values of free expression ably detained. Had I been present, I would tions, I would have voted ``yea.'' Tuesday, August 3, 1999 Daily Digest

HIGHLIGHTS Senate agreed to the Military Construction Appropriations Conference Report. Senate passed State Department Authorization. Senate 44 nays (Vote No. 250), Senate tabled the amend- Chamber Action ment.) Pages S10100±02 Routine Proceedings, pages S10063–S10138 Withdrawn: Measures Introduced: Five bills were introduced, Lott (for Cochran) Modified Amendment No. as follows: S. 1475–1479. Pages S10117±18 1500 (to Amendment No. 1499), of a perfecting na- Measures Reported: Reports were made as follows: ture. (By 47 yeas to 51 nays (Vote No. 249), Senate S. 1329, to direct the Secretary of the Interior to earlier failed to table the amendment.) convey certain land to Nye County, Nevada, with an Pages S10085±S10100 amendment. (S. Rept. No. 106–133) Pending: Lott (for Daschle) Amendment No. 1499, to pro- S. 1330, to give the city of Mesquite, Nevada, the vide emergency and income loss assistance to agri- right to purchase at fair market value certain parcels cultural producers. Pages S10085±S10114 of public land in the city. (S. Rept. No. 106–134) Lott Amendment No. 1501 (to the instructions of Page S10117 the motion to recommit), to restrict the use of cer- Measures Passed: tain funds appropriated to the Agricultural Mar- State Department Authorization: Senate passed keting Service. H.R. 2415, to enhance security of United States Ashcroft Amendment No. 1507 (to Amendment missions and personnel overseas, and to authorize ap- No. 1499), to provide stability in the United States propriations for the Department of State for fiscal agriculture sector and to promote adequate avail- year 2000, after striking all after the enacting clause ability of food and medicine for humanitarian assist- and inserting in lieu thereof the text of S. 886, Sen- ance abroad by requiring congressional approval be- ate companion measure, as passed the Senate on June fore the imposition of any unilateral agricultural or 22, 1999. Senate insisted on its amendment, re- medical sanction against a foreign country or foreign quested a conference with the House thereon, and entity. (By 28 yeas to 70 nays (Vote No. 251), Sen- the Chair was authorized to appoint the following ate failed to table the amendment.) Pages S10102±14 conferees on the part of the Senate: Senators Helms, A unanimous-consent time agreement was reached Lugar, Coverdell, Grams, Biden, Sarbanes, and providing for further consideration of Amendment No. 1501 (listed above), and the vote on the motion Dodd. Page S10137 to close further debate thereon, occur at 9:45 a.m. National Airborne Day: Senate agreed to S. Res. Page S10137 95, designating August 16, 1999, as ‘‘National Air- Military Construction Appropriations: Senate borne Day’’. Page S10137 agreed to the conference report on H.R. 2465, mak- Agriculture Appropriations: Senate continued con- ing appropriations for military construction, family sideration of S. 1233, making appropriations for Ag- housing, and base realignment and closure for the riculture, Rural Development, Food and Drug Ad- Department of Defense for the fiscal year ending ministration, and Related Agencies programs for the September 30, 2000, cleared for the President. fiscal year ending September 30, 2000, taking action Pages S10136±37 on the following amendments proposed thereto: Nominations Confirmed: Senate confirmed the fol- Pages S10073±S10116 lowing nominations: Rejected: Jack E. Hightower, of Texas, to be a Member of Harkin Amendment No. 1506 (to Amendment the National Commission on Libraries and Informa- No. 1499), to provide emergency and income loss tion Science for a term expiring July 19, 2004. (Re- assistance to agricultural producers. (By 54 yeas to appointment) D915 D916 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 1999 Michael A. Sheehan, of New Jersey, to be Coordi- nator for Counterterrorism, with the rank and status Committee Meetings of Ambassador at Large. (Committees not listed did not meet) Robert S. Gelbard, of Washington, to be Ambas- U.S. FARM ECONOMY sador to the Republic of Indonesia. Committee on Agriculture, Nutrition, and Forestry: Com- William B. Taylor, Jr., of Virginia, for the Rank mittee held hearings on the market and financial of Ambassador during tenure of service as Coordi- performance of the United States agricultural sector, nator of U.S. Assistance for the New Independent receiving testimony from Dan Glickman, Secretary of States. Pages S10136, S10138 Agriculture; and J. B. Penn, Sparks Companies, Inc., Nominations Received: Senate received the fol- McLean, Virginia. lowing nominations: Hearings continue tomorrow. Michael J. Frazier, of Maryland, to be an Assistant NOMINATIONS Secretary of Transportation. Committee on Armed Services: Committee concluded Gregory Rohde, of North Dakota, to be Assistant hearings on the nominations of Charles A. Blan- Secretary of Commerce for Communications and In- chard, of Arizona, to be General Counsel of the De- formation. partment of the Army, and Carol DiBattiste, of Flor- David J. Hayes, of Virginia, to be Deputy Sec- ida, to be Under Secretary of the Air Force, after the retary of the Interior. nominees testified and answered questions in their Ivan Itkin, of Pennsylvania, to be Director of the own behalf. Mr. Blanchard was introduced by Sen- Office of Civilian Radioactive Waste Management, ator McCain. Department of Energy. BUSINESS MEETING Edward W. Stimpson, of Idaho, for the rank of Committee on Governmental Affairs: Committee ordered Ambassador during his tenure of service as Rep- favorably reported the following business items: resentative of the United States of America on the S. 1214, to ensure the liberties of the people by Council of the International Civil Aviation Organiza- promoting federalism, to protect the reserved powers tion. of the States, to impose accountability for Federal Gail S. Tusan, of Georgia, to be United States preemption of State and local laws, with amend- District Judge for the Northern District of Georgia. ments; Richard K. Eaton, of the District of Columbia, to S. 1232, to provide for the correction of retire- be a Judge of the United States Court of Inter- ment coverage errors under chapters 83 and 84 of national Trade. title 5, United States Code; Kathryn M. Turman, of Virginia, to be Director H.R. 974, to establish a program to afford high of the Office for Victims of Crime. school graduates from the District of Columbia the benefits of in State tuition at State colleges and uni- Routine lists in the Army and Air Force. versities outside the District of Columbia, with an Pages S10137±38 amendment in the nature of a substitute; Messages From the House: Pages S10116±17 H.R. 457 and S. 1334, to amend chapter 63 of Measures Referred: Page S10117 title 5, United States Code, to increase the amount Measures Placed on Calendar: Page S10117 of leave time available to a Federal employee in any year in connection with serving as an organ donor; Executive Reports of Committees: Page S10117 and Statements on Introduced Bills: Pages S10118±27 The nomination of Earl E. Devaney, of Massachu- Additional Cosponsors: Pages S10127±28 setts, to be Inspector General, Department of the In- Amendments Submitted: Pages S10128±32 terior. Notices of Hearings: Pages S10132±33 CHEYENNE RIVER SIOUX TRIBE Authority for Committees: Page S10133 COMPENSATION Committee on Indian Affairs: Committee held hearings Additional Statements: Pages S10133±35 on S. 964, to provide for equitable compensation for Record Votes: Three record votes were taken today. the Cheyenne River Sioux Tribe, receiving testimony (Total—251) Pages S10100, S10102, S10114 from Senators Daschle and Johnson; Terry Virden, Adjournment: Senate convened at 9:30 a.m., and Director, Office of Trust Responsibilities, Bureau of adjourned at 8:15 p.m., until 9 a.m., on Wednesday, Indian Affairs, Department of the Interior; and Louis August 4, 1999. (For Senate’s program, see the re- Dubray, Cheyenne River Sioux Tribe, Eagle Butte, marks of the Majority Leader in today’s Record on South Dakota. page S10137.) Hearings recessed subject to call. August 3, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D917 House of Representatives agreement by the Export-Import Bank, the Oversees Chamber Action Private Investment Corporation or the Trade and Bills Introduced: 17 public bills, H.R. 2678–2694; Development Agency (rejected by a recorded vote of 1 private bill, H.R. 2695; and 1 resolution, H. Con. 58 ayes to 360 noes, Roll No. 361). Pages H6854±55 Res. 171, were introduced. Pages H6963±64 H. Res. 263, the rule that provided for consider- Reports Filed: Reports were filed today as follows: ation of the bill was agreed to on July 29. The H. Res. 273, a resolution providing for consider- unanimous consent order that limited consideration ation of H.R. 2670, making appropriations for the of amendments to the bill was also agreed to on July Departments of Commerce, Justice, and State, the 29. Judiciary, and related agencies for the fiscal year Twenty-First Amendment Enforcement Act: The ending September 30, 2000 (H. Rept. 106–284); House passed H.R. 2031, to provide for injunctive H.R. 940, to establish the Lackawanna Heritage relief in Federal district court to enforce State laws Valley American Heritage Area, amended (H. Rept. relating to the interstate transportation of intoxi- 106–285); cating liquor by a yea and nay vote of 310 yeas to H.R. 2684, making appropriations for the Depart- 112 nays, Roll No. 364. Pages H6857±87 ments of Veterans Affairs and Housing and Urban Agreed to the Conyers motion to recommit the Development, and for sundry independent agencies, bill to the Committee on the Judiciary, with instruc- boards, commissions, corporations, and offices for the tions to report it back to the House forthwith with fiscal year ending September 30, 2000 (H. Rept. an amendment that requires the Attorney General to 106–286); submit to Congress a study to determine the impact H.R. 1907, to amend title 35, United States of the Act, not later than 180 days after enactment. Code, to provide enhanced protection for inventors Subsequently, agreed to the Judiciary amendment. and innovators, protect patent terms, reduce patent litigation, amended (H. Rept. 106–287, Pt. 1); and Pages H6886±87 H.R. 2670, making appropriations for the Depart- Agreed to order engrossment and third reading of ments of Commerce, Justice, State and the Judiciary, the bill by a yea and nay vote of 325 yeas to 99 and Related Agencies for the fiscal year ending Sep- nays, Roll No. 363. Page H6886 tember 30, 2000 (H. Rept. 106–288). Page H6962 Agreed to the Committee amendment in the nature of a substitute made in order by the rule. Guest Chaplain: The prayer was offered by the guest Chaplain, Rev. Dr. Donald Carter of Bur- Page H6886 Agreed to: lington, North Carolina. Page H6850 The Conyers amendment to the Goodlatte amend- Recess: The House recessed at 9:45 p.m. and recon- ment that clarifies that the injunction exemption for vened at 10:00 a.m. Page H6850 interactive services or electronic communications Foreign Operations, Export Financing, and Re- services does not apply when these services engage in lated Programs: The House passed H.R. 2606, activities prohibited under the Act; Pages H6870±71 making appropriations for foreign operations, export The Barr amendment to the Goodlatte amend- financing, and related programs for the fiscal year ment that clarifies language dealing with erecting ending September 30, 2000, by a yea and nay vote barriers to competition; and Pages H6873±74 of 385 to 35, Roll No. 362. The House completed The Goodlatte amendment, as amended, that general debate on July 29 and considered amend- specifies that the provisions only extend the jurisdic- ments to the bill on July 29 and August 2. tion of Federal Courts to enforce state law valid Pages H6853±56 under the 21st Amendment; do not supersede the Agreed to: 1998 Internet Tax Freedom Law; and do not permit The Tancredo amendment, debated on August 2, injunctions in Federal Court against interactive com- that prohibits any funding for the United States puter services or electronic communication services. Man and the Biosphere Program or the United Na- Pages H6868±74 tions World Heritage Fund; Pages H6853±54 Rejected: Rejected: The Paul amendment, debated on August 2, that The Jackson-Lee of Texas amendment that sought sought to prohibit funding for population control or to require a study to determine the impact of the population planning programs, family planning ac- legislation on underage drinking. Pages H6883±85 tivities, or abortion procedures (rejected by a re- Points of Order Sustained Against: corded vote of 145 ayes to 272 noes, Roll No. 360); The Lofgren amendment that sought to include and Page H6854 firearms in the provisions of the bill; Pages H6874±75 The Paul amendment, debated on August 2, that The Lofgren amendment that sought to specify sought to prohibit any new obligation, guarantee, or that the act shall take immediate effect with regard D918 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 1999 to any violation of a state law regulating the impor- Capitol Grounds that may be necessary for construc- tation or transportation of any intoxicating liquor tion of a building on Constitution Avenue North- which results from any violation of a state’s firearms west, between 2nd Street Northwest and Louisiana laws; and Pages H6875±81 Avenue Northwest. Pages H6928±29 The Jackson-Lee of Texas amendment that sought Suspension—Proceedings Postponed: The House to require that a carrier obtain a signature for deliv- completed debate on the motion to suspend the rules eries to residences when containers of alcohol are and pass H.R. 1907, amended, to amend title 35, transported in interstate commerce. Pages H6881±83 United States Code, to provide enhanced protection The Clerk was authorized in the engrossment of for inventors and innovators, protect patent terms, the bill to make technical and conforming changes reduce patent litigation. Further proceedings were to reflect the actions of the House. Page H6888 postponed until Wednesday, August 4. H. Res. 272, the rule that provided for consider- Pages H6929±50 ation of the bill was agreed to earlier by voice vote. Intent to Offer Motion to Instruct Conferees: Pages H6856±57 Representative Toomey informed the House of his Extension of Emigration Waiver Authority: The intention to offer a motion to instruct conferees on House failed to pass H.J. Res. 58, disapproving the the Senate amendments to the bill H.R. 1905 to in- extension of the waiver authority contained in sec- sist upon (1) the House provisions for the funding tion 402(c) of the Trade Act of 1974 with respect of the House of Representatives under title I of the to Vietnam, by a yea and nay vote of 130 yeas to bill; (2) the Senate amendment for the funding of 297 nays, Roll No. 365. Pages H6888±H6900 the Senate under title I of the bill, including fund- The joint resolution was considered pursuant to ing provided under the heading ‘‘JOINT ITEMS— the order of the House of July 30. ARCHITECT OF THE CAPITOL—Capitol Build- District of Columbia Appropriations Act: The ings and Grounds—senate office buildings’’; (3) the House disagreed to the Senate amendment to H.R. House provisions for the funding of Joint Items 2587, making appropriations for the government of under title I of the bill, other than the funding pro- the District of Columbia and other activities charge- vided under the heading ‘‘JOINT ITEMS—ARCHI- able in whole or in part against revenues of said Dis- TECT OF THE CAPITOL—Capitol Buildings and trict for the fiscal year ending September 30, 2000, Grounds—senate office buildings’’; and (4) the and agreed to a conference. Appointed as conferees: House version of title II of the bill. Page H6950 Representatives Istook, Cunningham, Tiahrt, Senate Messages: Messages received from the Senate Aderholt, Emerson, Sununu, Young of Florida, appear on page H6856. Moran of Virginia, Dixon, Mollohan, and Obey. Referrals: S. 335 was referred to the Committee on Pages H6900±01 Government Reform. Page H6959 Workplace Preservation Act: The House passed Amendments Ordered Printed: Amendments or- H.R. 987, to require the Secretary of Labor to wait dered printed pursuant to the rule appear on pages for completion of a National Academy of Sciences H6965–66. study before promulgating a standard or guideline Quorum Calls—Votes: Five yea and nay votes and on ergonomics, by a yea and nay vote of 217 yeas two recorded votes developed during the proceedings to 209 nays, Roll No. 366. Pages H6909±27 of the House today and appear on pages H6854, H. Res. 271, the rule that provided for consider- H6855, H6856, H6886, H6887, H6900, and ation of the bill was agreed to by voice vote. H6927. There were no quorum calls. Pages H6901±09 Adjournment: The House met at 9:00 a.m. and ad- Order of Business: It was made in order that at journed at 11:59 p.m. any time on August 4, 1999 or any day thereafter, to take from the Speaker’s table H.R. 1664, with Senate amendments thereto, and to consider in the Committee Meetings House a single motion offered by the Chairman of AGRICULTURAL RISK PROTECTION ACT the Committee on Appropriations or his designee Committee on Agriculture: Ordered reported, amended, that the House concur in the Senate amendments; H.R. 2559, Agricultural Risk Protection Act of that the amendments and motion be considered as 1999. read; debatable for one hour equally divided and controlled; and that the previous question be consid- PUBLIC HEALTH FOOD QUALITY ered as ordered on the motion to final adoption PROTECTION ACT—IMPLEMENTATION without intervening motion or demand for division EFFECTS of the question. Pages H6927±28 Committee on Agriculture: Subcommittee on Depart- Suspension—Use of Capitol Grounds: The House ment Operations, Oversight, Nutrition, and Forestry agreed to suspend the rule and pass H. Con. Res. held a hearing to review the effects of the implemen- 167, authorizing the Architect of the Capitol to per- tation of the Food Quality Protection Act on public mit temporary construction and other work on the health. Testimony was heard from Representative August 3, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D919 Towns; Richard Rominger, Deputy Secretary, H. Trujillo, Director, Indian Health Service; and Jim USDA; Peter Robertson, Acting Deputy Adminis- Wells, Director, Energy, Resources, and Science trator, EPA; and public witnesses. Issues, Community and Economic Development Di- vision, GAO; and public witnesses. OVERSIGHT—INTERNET BANKING Committee on Banking and Financial Services, Sub- OVERSIGHT—MINING committee on Domestic and International Monetary Committee on Resources: Subcommittee on Energy and Policy held as hearing on Federal Oversight of Inter- Mining Resources held an oversight hearing on Min- net Banking. Testimony was heard from Richard J. ing Regulatory Issues and Improving the General Hillman, Associate Director, Financial Institutions Mining Laws. Testimony was heard from John D. and Markets Issues, General Government Division, Leshy, Solicitor, Department of the Interior; and GAO; and public witnesses. public witnesses. DRUG ABUSE PREVENTION MISCELLANEOUS MEASURES Committee on Education and the Workforce: Sub- Committee on Resources: Subcommittee on Forests and committee on Early Childhood, Youth, and Families Forest Health held a hearing on the following: S. held a hearing on Drug Abuse Prevention: Pro- 416, to direct the Secretary of Agriculture to convey tecting Our Students. Testimony was heard from to the city of Sisters, Oregon, a certain parcel of land Barry McCaffrey, Director, Office of National Drug for use in connection with a sewage treatment facil- Control Policy; William Modzeleski, Director, Safe ity; H.R. 1749, to designate Wilson Creek in Avery and Drug-Free Schools Program, Department of and Caldwell Counties, North Carolina, as a compo- Education; and public witnesses. nent of the National Wild and Scenic Rivers System; and H.R. 2632, Dugger Mountain Wilderness Act VACCINES of 1999. Testimony was heard from Representatives Committee on Government Reform: Held a hearing on Walden of Oregon; Ballenger and Riley; Jack Cra- Vaccines: Finding the Balance Between Public Safety ven, Director of Lands, Forest Service, USDA; and and Personal Choice. Testimony was heard from Steven Wilson, Mayor, Sisters, Oregon. David Satcher, M.D., Surgeon General, Department of Health and Human Services; and public witnesses. COMMERCE, JUSTICE, STATE AND THE JUDICIARY, AND RELATED AGENCIES U.S. TRADE WITH ASIA APPROPRIATIONS Committee on International Relations: Held a hearing on Committee on Rules: Granted, by voice vote, an open U.S. Trade with Asia: Preparations for the APEC rule providing 1 hour of debate on H.R. 2670, mak- Summit. Testimony was heard from Ambassador ing appropriations for the Departments of Com- Richard Boucher, Coordinator, APEC, Department merce, Justice, State and the Judiciary, and related of State; Ambassador Richard W. Fisher. Deputy agencies for the fiscal year ending September 2000. U.S. Trade Representative; and public witnesses. The rule waives clause 4 of rule XIII (requiring a 3 day layover of the committee report and the three- NIGERIA day availability of printed hearings on a general ap- Committee on International Relations: Subcommittee on propriations bill) and section 306 (prohibiting con- Africa held a hearing on Nigeria: On the Democratic sideration of legislation within the Budget Commit- Path? Testimony was heard from Howard Jerter, tee’s jurisdiction, unless reported by the Budget Deputy Assistant Secretary, Bureau of African Af- Committee) of the Congressional Budget Act against fairs, Department of State; and public witnesses. consideration of the bill. The rule waives clause 2 of MISCELLANEOUS MEASURES rule XXI (prohibiting unauthorized or legislative Committee on the Judiciary: Ordered reported the fol- provisions of transfers of funds in an appropriations lowing measures: H.R. 1875, amended, Interstate bill) against provisions in the bill. Class Action Jurisdiction Act of 1990; H.J. Res. 54, The rule makes in order the amendments printed granting the consent of Congress to the Missouri- in the Rules Committee report which may be offered Nebraska Boundary Compact; and H.J. Res 62, to only by a Member designated in the report and only grant the consent of Congress to the boundary at the appropriate point in the reading of the bill, change between Georgia and South Carolina. shall be debatable for the time specified in the report equally divided and controlled between the pro- CONTRACT SUPPORT COSTS ponent and an opponent, and shall not be subject to Committee on Resources: Held an oversight hearing on amendment. The rule waives all points of order Contract Support Costs within the Indian Health against the amendments printed in the Rules Com- Service and the Bureau of Indian Affairs (Part II). mittee report. Testimony was heard from Kevin Gover, Assistant The rule authorizes the Chair to accord priority in Secretary, Indian Affairs, Department of the Interior; recognition to Members who have pre-printed their the following officials of the Department of Health amendments in the Congressional Record. The rule and Human Services: Richard G. Sullivan, Senior permits the Chairman of the Committee of the Negotiator, Division of Cost Allocation; and Michael Whole to postpone votes during consideration of the D920 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 1999 bill, and to reduce voting time to five minutes on NEW PRIVATE LAWS a postponed question if the vote follows a fifteen S. 361, to direct the Secretary of the Interior to minute vote. The rule waives all points of order transfer to John R. and Margaret J. Lowe of Big against all amendments to the bill for failure to Horn County, Wyoming, certain land so as to cor- comply with clause 2(e) of rule XXI (prohibiting rect an error in the patent issued to their prede- non-emergency designated amendments to be offered cessors in interest. Signed August 2, 1999. (P.L. to an appropriations bill containing an emergency 106–1) designation). Finally, the rule provides one motion S. 449, to direct the Secretary of the Interior to to recommit, with or without instructions. Testi- transfer to the personal representative of the estate of mony was heard from Representatives Rogers, Fred Steffens of Big Horn County, Wyoming, cer- Tiahrt, Deal of Georgia, Quinn, Bass, Serrano, tain land comprising the Steffens family property. Pallone, Lewis of Georgia, Roemer and Kucinich. Signed August 2, 1999. (P.L. 106–2) PLANT GENOME SCIENCE f Committee on Science: Subcommittee on Basic Research COMMITTEE MEETINGS FOR WEDNESDAY, held a hearing on Plant Genome Science: From the AUGUST 4, 1999 Lab to the Field to the Market. Testimony was heard (Committee meetings are open unless otherwise indicated) from Mary E. Clutter, Assistant Director, Biological Sciences, NSF: Eileen Kennedy, Deputy Assistant Senate Secretary, Research, Education, and Economics, Committee on Agriculture, Nutrition, and Forestry: to con- USDA; and public witnesses. tinue hearings on farm crisis issues, 9 a.m., SH–216. Committee on Commerce, Science, and Transportation: to hold hearings to examine fraud against seniors, 2:15 p.m., PILOT FATIGUE SR–253. Committee on Transportation and Infrastructure: Sub- Committee on Energy and Natural Resources: Subcommittee committee on Aviation held a hearing on Pilot Fa- on National Parks, Historic Preservation, and Recreation, tigue. Testimony was heard from Margaret Gilligan, to hold oversight hearings to review the performance Deputy Associate Administrator, Regulation and management process under the requirements of the Gov- Certification, FAA, Department of Transportation; ernment Performance and Results Act, by the National Vernon S. Ellingstad, Director, Office of Research Park Service, 2:15 p.m., SD–366. and Engineering, National Transportation Safety Committee on Environment and Public Works: business Board; Michael B. Mann, Deputy Associate Adminis- meeting to resume markup of S. 1090, to reauthorize and trator, Aero-Space Technology, NASA; and public amend the Comprehensive Environmental Response, Li- witnesses. ability, and Compensation Act of 1980, 9 a.m., SD–406. Committee on Foreign Relations: to hold hearings on S. 693, to assist in the enhancement of the security of Tai- MISCELLANEOUS RESOLUTIONS wan, 10:30 a.m., SD–419. Committee on Transportation and Infrastructure: Sub- Subcommittee on International Economic Policy, Ex- committee on Economic Development, Public Build- port and Trade Promotion, to hold hearings on economic ings, Hazardous Materials and Pipeline Transpor- reform and trade opportunities in Vietnam, 2:30 p.m., tation approved for full Committee action the fol- SD–419. lowing: 1 lease resolution; 1 repair and alteration Committee on Governmental Affairs: Subcommittee on resolution; and H. Con. Res. 167, authorizing the Oversight of Government Management, Restructuring Architect of the Capitol to permit temporary con- and the District of Columbia, to hold hearings on overlap and duplication in the Federal Food Safety System, 10:30 struction and other work on the Capitol Grounds a.m., SD–342. that may be necessary for construction of a building Committee on Indian Affairs: to hold hearings on S. 299, on Constitution Avenue Northwest, between 2nd to elevate the position of Director of the Indian Health Street Northwest and Louisiana Avenue Northwest. Service within the Department of Health and Human Services to Assistant Secretary for Indian Health; and S. 406, to amend the Indian Health Care Improvement Act Joint Meetings to make permanent the demonstration program that allows for direct billing of medicare, medicaid, and other BUDGET RECONCILIATION ACT third party payors, and to expand the eligibility under Conferees on Monday, August 2, met to resolve the such program to other tribes and tribal organizations; followed by a business meeting to consider pending calendar differences between the Senate and House passed business, 10:30 a.m., SR–485. versions of H.R. 2488, to amend the Internal Rev- Select Committee on Intelligence: to hold closed hearings on enue Code of 1986 to reduce individual income tax pending intelligence matters, 2 p.m., SH–219. rates, to provide marriage penalty relief, to reduce Committee on the Judiciary: to hold hearings on the nom- taxes on savings and investments, to provide estate ination of David W. Ogden, of Virginia, to be an Assist- and gift tax relief, to provide incentives for edu- ant Attorney General; and the nomination of Robert cation savings and health care, but did not complete Raben, of Florida, to be an Assistant Attorney General, action thereon, and recessed subject to call. 8:30 a.m., SD–628. August 3, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D921

Full Committee, to hold hearings on S. 1172, to pro- Justice regarding criminal aliens released by the Immi- vide a patent term restoration review procedure for cer- gration and Naturalization who commit additional crimes tain drug products, focusing on proposed remedies for re- in the United States after they are released, 2 p.m., 2226 lief, relating to pipeline drugs, 10 a.m., SD–628. Rayburn. Subcommittee on Immigration, to hold hearings on an- Committee on Resources, to consider the following: S. 416, nual refugee consultation, 2 p.m., SD–628. to direct the Secretary of Agriculture to convey to the Committee on Rules and Administration: to hold hearings city of Sisters, Oregon, a certain parcel of land for use in on certain proposed committee resolutions requesting connection with a sewage treatment facility; H.R. 795, funds for operating expenses, 9:15 a.m., SR–301. Chippewa Cree Tribe of the Rocky Boy’s Reservation In- dian Reserved Water Rights Settlement Act of 1999; House H.R. 970, Perkins County Rural Water System Act of Committee on Commerce, Subcommittee on Finance and 1999; H.R. 1231, to direct the Secretary of Agriculture Hazardous Materials, hearing on legislation to Improve to convey certain National Forest lands to Elko County, the Comprehensive Environmental Response, Compensa- Nevada, for continued use as a cemetery; H.R. 1444, to tion, and Liability Act, focusing on several brownfields- authorize the Secretary of the Army to develop and im- related provisions contained in the following bills: H.R. plement projects for fish screens, fish passage devices, and 1300, Recycle America’s Land Act of 1999; H.R. 1750, other similar measures to mitigate adverse impacts associ- Community Revitalization and Brownfield Cleanup Act ated with irrigation system water diversions by local gov- of 1999; and H.R. 2580, Land Recycling Act of 1999, ernmental entities in the States of Oregon, Washington, 10 a.m., 2123 Rayburn. Montana, and Idaho; H.R. 1619, Quinebaug and Subcommittee on Health and the Environment, hear- Shetucket Rivers Valley National Heritage Corridor Re- ing on Medicare+Choice: An Evaluation of the Program, authorization Act of 1999; and H.R. 2435, to expand the 10 a.m., 2322 Rayburn. boundaries of the Gettysburg National Military Park to Committee on Government Reform, Subcommittee on Civil include the Wills House; and a motion to adopt a resolu- Service, hearing on reauthorization of the Office of Gov- tion and report recommending that David Plouffe, the ernment Ethics, 10 a.m., 2247 Rayburn. Executive Director of the Democratic Congressional Cam- Subcommittee on Criminal Justice, Drug Policy, and paign Committee be held in contempt of Congress for Human Resources, hearing on What is HUD’s Role in failure to comply with the subpoena served on him on Litigation Against Gun Manufacturers? 10 a.m., 2203 July 13, 1999, and reporting the matter to the full Rayburn. House for appropriate action, 11 a.m., 1324 Longworth. Subcommittee on the Postal Service, to mark up the Committee on Rules, to consider the following: a measure following bills: H.R. 2319, to make the American Battle making appropriations for the Departments of Veterans Monuments Commission and the World War II Memo- Affairs and Housing and Urban Development, and for rial Advisory Board eligible to use nonprofit standard sundry independent agencies, boards, commissions, cor- mail rates of postage; H.R. 642, to redesignate the Fed- porations, and offices for the fiscal year ending September eral building located at 701 South Santa Fe Avenue in 30, 2000; and the conference report to accompany H.R. Compton, California, and known as the Compton Main 2488, Financial Freedom Act of 1999, 5 p.m., H–313 Post Office, as the ‘‘Mervyn Malcolm Dymally Post Of- Capitol. fice Building’’; H.R. 643, to redesignate the Federal Committee on Science, hearing on K–12 Math and Science building located at 10301 South Compton Avenue, in Education-Testing and Licensing Teachers, 1 p.m., 2318 Los Angeles, California, and known as the Watts Finance Rayburn. Office, as the ‘‘Augustus F. Hawkins Post Office Build- Subcommittee on Technology and the Subcommittee ing’’; H.R. 1666, to designate the facility of the United on Government Management, Information, and Tech- States Postal Service at 200 East Pinckney Street in Madi- nology of the Committee on Government Reform, joint son, Florida, as the ‘‘Captain Colin P. Kelly, Jr. Post Of- hearing on Computer Security Impact of Y2K: Expanding fice’’; H.R. 2307, to designate the building of the United Risks of Fraud, 10 a.m., 2318 Rayburn. States Postal Service located at 5 Cedar Street in Committee on Small Business, hearing to investigate the Hoskinton, Massachusetts, as the ‘‘Thomas J. Brown effects of federal procurement policy on small business Postal Office Building’’; and H.R. 2357, to designate the competitiveness, 10 a.m., 2360 Rayburn. United States Post Office located at 3675 Warrensville Committee on Transportation and Infrastructure, Sub- Center Road in Shaker Heights, Ohio, as the ‘‘Louise committee on Ground Transportation, to mark up the Stokes Post Office’’; followed by a hearing on Deceptive following: the Motor Carrier Safety Act of 1999; and the Sweepstakes Mailings, 1 p.m., 2154 Rayburn. Rail Passenger Disaster Family Assistance Act of 1999, Committee on International Relations, hearing on The Bal- 10 a.m., 2167 Rayburn. kans: What Are U.S. Interests and the Goals of U.S. En- Subcommittee on Oversight, Investigations, and Emer- gagement? 10 a.m., 2172 Rayburn. gency Management, hearing on Effectiveness of Disaster Subcommittee on International Operations and Human Mitigation Spending, 2 p.m., 2167 Rayburn. Rights, to mark up H.R. 1356, Freedom From Sexual Permanent Select Committee on Intelligence, executive, brief- Trafficking Act of 1999, 2 p.m., 2200 Rayburn. ing on Khobar Towers Update, 12 p.m., H–405 Capitol. Committee on the Judiciary, oversight hearing on Hate Crimes Violence, 10 a.m., 2141 Rayburn. Joint Meetings Subcommittee on the Constitution, to mark up H.R. Conference: meeting of conferees on S. 507, to provide 2436, Unborn Victims of Violence Act of 1999, 2 p.m., for the conservation and development of water and related 2141 Rayburn. resources, to authorize the Secretary of the Army to con- Subcommittee on Immigration and Claims, to consider struct various projects for improvements to rivers and a subpoena duces tecum directed to the Department of harbors of the United States, 11 a.m., SC–5, Capitol. D922 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, August 4 10 a.m., Wednesday, August 4

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 2670, ation of S. 1233, Agriculture Appropriations, with a vote Commerce, Justice, State, the Judiciary, and Related on the motion to close further debate on Amendment Agencies Appropriations Act (open rule, one hour of gen- No. 1501 to occur at 9:45 a.m. eral debate).

Extensions of Remarks, as inserted in this issue

HOUSE Jones, Walter B., N.C., E1735 Roybal-Allard, Lucille, Calif., E1728 Lantos, Tom, Calif., E1731 Sanchez, Loretta, Calif., E1731 Baker, Richard H., La., E1734 McInnis, Scott, Colo., E1727 Sanders, Bernard, Vt., E1736 Boswell, Leonard L., Iowa, E1726 Markey, Edward J., Mass., E1736 Schaffer, Bob, Colo., E1725 Burton, Dan, Ind., E1734 Miller, Gary G., Calif., E1731 Shimkus, John, Ill., E1723, E1724, E1725 Cramer, Robert E. (Bud), Jr., Ala., E1732 Mink, Patsy T., Hawaii, E1727 Shows, Ronnie, Miss., E1734 Cunningham, Randy ‘‘Duke’’, Calif., E1724 Moran, James P., Va., E1726 Stark, Fortney Pete, Calif., E1723, E1724, E1728, E1733 Dicks, Norman D., Wash., E1728 Owens, Major R., N.Y., E1738 Stump, Bob, Ariz., E1723 Dooley, Calvin M., Calif., E1731 Pickering, Charles W. ‘‘Chip’’, Miss., E1738 Udall, Mark, Colo., E1727 Franks, Bob, N.J., E1724 Pomeroy, Earl, N.D., E1728 Udall, Tom, N.M., E1725 Green, Mark, Wisc., E1725 Roemer, Tim, Ind., E1721 Watkins, Wes, Okla., E1735 Holt, Rush D., N.J., E1735, E1737 Ros-Lehtinen, Ileana, Fla., E1726 Whitfield, Ed, Ky., E1733

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