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

Vol. 146 WASHINGTON, TUESDAY, MAY 23, 2000 No. 65 House of Representatives The House met at 9 a.m. The Los Alamos fire was a so-called gether. Environmental extremists have f controlled burn set by Federal bureau- had such an impact that many school- crats that simply got out of control. Of children have almost been brainwashed MORNING HOUR DEBATES course, we all know that no Federal bu- about these things. They never hear The SPEAKER. Pursuant to the reaucrat has ever made a mistake, or the other side. If I went to any school order of the House of January 19, 1999, at least one that they have been held in Knoxville and told them I was the Chair will now recognize Members accountable for. against cutting any trees in the na- from lists submitted by the majority The leading environmental extrem- tional forests, they would probably and minority leaders for morning hour ist, Secretary Babbitt, said on tele- think that was a really good thing. debates. The Chair will alternate rec- vision last week that our forests are They never stop to think that we have ognition between the parties, with each now 100 times more dangerous than to cut trees if we want to build houses party limited to not to exceed 25 min- they were 100 years ago, but it is be- or furniture, or have books, news- utes, and each Member except the ma- cause of the very policies that he has papers, toilet paper, and many, many jority leader, the minority leader or been advocating. If we do not start cut- other products. the minority whip limited to not to ex- ting more trees in the national forests Also, it we keep limiting and re- ceed 5 minutes, but in no event shall soon, then in the very near future we stricting where and how trees are cut, debate continue beyond 9:50 a.m. are going to see forest fires that make it will drive the prices for homes and f the Los Alamos disaster look like pea- many other items much higher than nuts in comparison. they already are. Even now, lumber WE MUST USE OUR NATURAL RE- Yet some of these environmental ex- dealers tell me they are having to im- SOURCES IN AN ENVIRON- tremists want the forests to be thinned port all kinds of Canadian lumber be- MENTALLY BALANCED WAY only by forest fires because that is the cause we have cut out or halted so The SPEAKER pro tempore (Mr. ‘‘natural way,’’ and the way it occurred much U.S. lumber production. MORAN of Kansas). Under the Speaker’s before man started populating the When extremists get our lumber pro- announced policy of January 19, 1999, Earth, and, according to the extrem- duction in our national forests reduced the gentleman from Tennessee (Mr. ists, messed things up. so drastically, it helps big businesses DUNCAN) is recognized during morning Last year in the subcommittee we and other countries, but it destroys hour debates for 5 minutes. were told that the Congress in the mid jobs and drives up prices in this coun- Mr. DUNCAN. Mr. Speaker, the for- 1980s passed what was then proclaimed try. The people it hurts the most are est fires in Los Alamos and Nevada as a great pro-environment law that we the lower-income and working people have highlighted what may have be- would not allow cutting of more than in this country. come a much bigger problem. One of 80 percent of the new growth in the na- I know most of these environmental the subcommittees on which I serve is tional forests. Since then, we have re- extremists come from very wealthy the Subcommittee on Forest and For- peatedly reduced that percentage, stop- families, and I know they are more or est Health of the Committee on Re- ping it altogether in some places. From less insulated from the harm that they sources. the pro-environment law of 80 percent do. But I think it is really sad that We heard testimony a few months 15 or 16 years ago, we now allow har- they destroy so many jobs and drive up ago that almost 40 million acres of vesting of less than one-seventh of the prices for so many people who really Federal land out West was in imminent new growth in our national forests. cannot afford it. danger of catastrophic forest fires. This National forests have about 23 billion I am not talking about cutting any is because environmental extremists board feet of new growth each year. trees in our 356 national parks, I am fanatically, sometimes even violently, Today we cut less than 3 billion board talking about cutting trees in our na- oppose cutting any trees in our na- feet, or only about 12 or 13 percent of tional forests so they can grow and be tional forests. the new growth. There are about 6 bil- healthy and keep lumber prices down. Forestry experts tell us that we have lion board feet of dead or dying trees in Our national forests cover 191 million to cut some trees to have healthy for- the national forests, yet these extrem- acres. I know when people look at a ests, yet some of these extremists op- ists will not even permit the removal map of the United States on one page pose even the removal of dead and of these dead trees. in the book, the country looks small. dying trees, thus causing huge fuel Now we are cutting less than half of Yet, 191 million acres is equal to about buildups on the floors of these forests, the dead and dying trees, and unbeliev- 325 Great Smoky Mountain National leading to forest fires. ably, some people want it stopped alto- Parks. Most people who go to the Great

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

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VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.000 pfrm06 PsN: H23PT1 H3528 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Smokies think it is huge. Yet I am during morning hour debates for 5 min- destrians, yet only 1 percent of the talking about forests that cover more utes. highway safety money from the Fed- than 300 times the Great Smokies, and Mr. BLUMENAUER. Mr. Speaker, my eral government is used for pedestrian this does not count any of the land in goal in Congress is for the Federal gov- safety. our national parks or the land the Bu- ernment to be a better partner in mak- It is important for us to use the tools reau of Land Management controls. ing our communities more livable, to that we have available, that we are The Federal government owns over 30 make our families safe, healthy, and sensitive to putting people into the percent of the land in this Nation economically secure. planning process to make our commu- today. State and local governments One of the indicator species of a liv- nities more livable and make our fami- and quasi-governmental agencies own able community is the pedestrian. Ear- lies safer, healthier, and economically another 20 percent. Half of the land is lier this week, people in Montgomery secure. in some type of public ownership. County were shocked, I am sure, to f What is most disturbing, though, is read that in their community pedes- KOSOVO AND BOSNIA how government at all levels has been trian deaths were as high as homicides. taking over private land at such a In 1998 and 1999, 25 people were killed in The SPEAKER pro tempore. Under rapid rate in the last 30 years, and per- pedestrian accidents, the same as those the Speaker’s announced policy of Jan- haps even more dangerous, putting so that were killed in homicides. uary 19, 1999, the gentleman from Flor- many rules, regulations, restrictions, Really, this is not news. The statis- ida (Mr. STEARNS) is recognized during and red tape on the shrinking amount tics are that Americans are 160 percent morning hour debates for 5 minutes. Mr. STEARNS. Mr. Speaker, 1 year of land that still remains in private more likely to be killed by a car than ago the United States and many of our lands today. to be shot and killed by a stranger. It NATO allies were engaged in an air Yet, there are some of these environ- is the equivalent of an airline crash campaign against Yugoslav forces. mental extremists who are not satis- every 2 weeks in this country, and for Next month will mark the 1-year anni- fied with half of the land and want every person who is killed, there are versary of the agreement providing for even more. another 20 who are injured; 6,000 dead the withdrawal of Yugoslavian troops in all, and 110,000 injured. There is something known as the Wildlands from Kosovo and the deployment of The seniors of our community are at Project, which I first read about in the Wash- international peacekeeping forces. the highest risk, almost twice a likely ington Post, which advocates taking half the Mr. Speaker, it is vital that we not private land in the U.S. and placing it in public to be killed or injured. Walking for forget the American troops who con- ownership. them is more important, not just as a tinue to languish in Kosovo, or those in This may sound OK until some bureaucrat form of exercise, but it is an important Bosnia, and other fellow citizens scat- comes and takes your home or your property. part of their transportation system, be- tered throughout the world on various Also, we could not emphasize enough that cause many of them no longer drive. deployments. We should also consider private property is one of the main keys to our Mr. Speaker, it is important because the cost of these deployments both in freedom and our prosperity. It is one of the everyone at some point in their jour- dollars and in reduction of our military main things that has set us apart from coun- ney is a pedestrian. But there are les- capability. tries like Russia and Cuba and other socialist sons to be learned from our experience. President Clinton’s decision to at- or communist nations. We are finding that some of the sprawl- tack Yugoslavia and to maintain These national forests are not national ing unplanned communities that are peacekeeping forces in Kosovo were monuments. They are natural resources, re- primarily auto-oriented are the most based upon the mistaken notion that newable resources. dangerous places for people to walk, military forces can turn ethnic and re- Whenever some of these extremists are places like Fort Lauderdale and Miami; ligious hatred into peaceful coexist- confronted by loggers who have lost jobs or Atlanta, that we have talked a lot ence. communities that have been devastated, they about on the floor of this House is sort As a participant in the Kosovo peace- always say just promote tourism. of a poster child for unplanned growth keeping operation known as KFOR, the Well tourism is an industry filled with min- and sprawled; and Tampa, St. Peters- United States has 5,000 troops in imum or low wage jobs. Even more impor- burg, and Dallas, Texas. Kosovo, 450 in Macedonia, and 10 in tantly, it is just not possible to turn our whole Ironically, many of the older, more Greece. While working to achieve this country into tourist attractions or base our pedestrian-oriented are the safest. harmony, U.S. troops have been fired whole economy on tourism. Pittsburgh, Pennsylvania, by one ac- upon and assaulted in many instances. I know these environmental groups have to count, is the safest place to walk in Census figures collected by the U.N. scare people and continually raise the bar so America. High Commission for Refugees and the that their contributions will keep coming in. It does not have to be this way. There Yugoslavian government indicate that I know, too, that many big companies, and are opportunities for us to plan for peo- 93 percent of the population of Kosovo particularly big multi-national corporations are ple, not just for cars; to put uses closer is ethnic Albanians now and 5 percent helped by extreme environmental rules be- together, not mandate that they be Serbs. In essence, American troops are cause they drive so many small and medium- separated from where people work, in Kosovo to protect the Serbs from an sized businesses out of business or force where they live, and where they shop. angry majority. This makes the Presi- them to merge. So many contributors for these The Federal government itself can be dent’s plan to build a peaceful, multi- groups come from these big companies, often a partner by not taking an historic ethnic state all the more daunting. headquartered in other countries. Post Office in downtown small town This situation begs the question, But, Mr. Speaker, if we want to continue America and locating it by a strip mall when will our troops leave Kosovo? If having a strong economy, with good jobs and out at the edge of town without even the Clinton administration has its way, half-way reasonable prices, and especially if paved sidewalks. the answer is, no time soon. All we we want to have a free country, we must use There is a whole philosophy that has need to do is to look at Bosnia to ex- our natural resources in an environmentally developed, an engineering approach plain this conclusion. balanced way. that is called ‘‘traffic calming’’ that we Remember Bosnia? In 1996, the We cannot stop cutting trees, digging for had great success with in our commu- United States sent 16,500 troops to Bos- coal, and drilling for oil and continue to have nity in Portland, Oregon, to be able to nia and some 6,000 support troops to the good life that we fortunately enjoy today. make a difference for the way that peo- neighboring nations. The President f ple live. stated that the deployment would last The Federal government in the about 1 year. Mr. Speaker, the troops LIVABLE COMMUNITIES AND ISTEA–T–21 legislation has set aside are still there, and the administration SAFETY FOR PEDESTRIANS significant funds for traffic safety, but has requested $1.4 billion for the next The SPEAKER pro tempore. Under sadly, many of the States are not using fiscal year to continue this 1-year mis- the Speaker’s announced policy of Jan- those resources in ways that will make sion to Bosnia. uary 19, 1999, the gentleman from Or- pedestrians safe. Fourteen percent of Mr. Speaker, it seems that much the egon (Mr. BLUMENAUER) is recognized all motor vehicle-related deaths are pe- same is expected for Kosovo. Two

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.002 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3529 American camps in that region are Strictly on the issue of security, the There is a reason that the proponents of being expanded to house and support proponents of permanent trade rela- this flawed deal have been touting the national American soldiers for at least 3 to 5 tions with China, normal relationships, security and ``theoretical'' reform benefits they more years. whatever we wish to call them, they see in this package. Because they know that More troubling is the assessment of have been talking first about the jobs the argument that this bill is good for our the top U.S. commander in Kosovo. Ac- that would be created, and then when working families is just plain wrong! cording to the Boston Globe, that com- they could not win that battle, they As China seeks entry to the World Trade mander, Brigadier General Sanchez, switched to the issue of national secu- Organization, and as our trade deficit with stated that the mission will require rity. China soars to record heights, our manufac- NATO peacekeepers to remain there for Three points. turing jobs are being sucked from our shores, at least a generation. Can we expect My main thrust is jobs this morning. away from our workers. some of these NATO troops to be Amer- We know that in these past 10 years, Those jobs are going to places like China ican? China has targeted up to 18 interconti- where there is no regard for labor, safety, en- We should also consider the cost of nental ballistic missiles at the United vironmental or health standards. these deployments. Up to last year, States. When dealing with issues such as this, I find $9.08 billion has been appropriated for Two, during this same period of time, that it is best to take a step back and look at Bosnia operations. With the expendi- we signed an export control waiver exactly what we are doing. What does this ture for this fiscal year and the next, which allowed the top campaign fund- vote mean? the Bosnian mission will accumulate raisers in aerospace companies to Day after day I try to work with firms, be costs exceeding $12 billion. transfer sensitive missile guidance they manufacturing, or textile, or other small According to the Department of De- technology to China. businesses, to see what I can do to assist the fense, the Kosovo operation costs $3 Number three, during the same pe- business in reaching its fullest potential. billion last year, and the estimate for riod we shifted the prime satellite ex- How can I vote on Wednesday to send FY 2000 is about $2 billion. Our peace- port responsibility from the State De- these businesses and jobs overseas? keeping operation in the Balkans is ap- partment to the Commerce Depart- Normal Trade Relations? This does not proaching $20 billion in total expenses. ment. In the sequel to ‘‘sleeping with seem normal to me! In reading a Heritage Foundation re- the enemy,’’ I would imagine this is I cannot stress enough, the mistake we will port on this issue, I discovered that pretty consistent. This in no way is make by passing this bill later this week. I un- ‘‘The Pentagon believes that it missed going to strengthen the security of the derstand that unemployment is at its lowest, its procurement targets for the past 5 United States. This deal is a bad deal. and that the economy is soaring. years because of unexpected costs asso- The worst part of the deal is for the But workers are making less money than ciated with the military operations in American workers. As China seeks ever. After NAFTA, we saw tens of thousands Kosovo and Bosnia.’’ entry to the World Trade Organization, of good jobs, with benefits, and security go This means that we have not met our and as our trade deficit with China South to Mexico. What has increased has goals for modernizing our weaponry be- soars to record heights, $70 billion by been the number of temporary workers. Com- cause of our peacekeeping operations the end of this year, at least, our man- panies have been hiring people to work full in the Balkans. By making Bosnia and ufacturing jobs are being sucked from time jobs, without health plans, without protec- Kosovo safer for their citizens, we have our shores away from our workers. tions, not on salary. made America less safe for our citizens. This is critical to understand, be- The bottom line is that this is not a govern- Is that really the policy results this ad- cause if we are not going to help ment in China that we have been able to trust. ministration is seeking? produce more jobs in America and sus- It has broken every commitment it has made Congress must take steps to ensure tain the economy, the robust economy with the United States of America. that America’s national security inter- that we have, then where will jobs be It has broken every trade agreement it has ests are paramount in conducting our created, if not in America? These jobs signed with the United States over the past 10 military and diplomatic missions. are going to places like China, where years. f there is no regard for labor, where Supporters of PNTR claim that China will there is no regard for human safety, buy our imports. But I do not see the infra- CHINA TRADE and where there is no regard for envi- structure or the wealth in China to accept any The SPEAKER pro tempore. Under ronmental or health standards. substantial amount of American merchandise. the Speaker’s announced policy of Jan- I find that it is best to take a step Business does not want to sell cars to China, uary 19, 1999, the gentleman from New back and look at exactly what is hap- they want to build cars in China. Jersey (Mr. PASCRELL) is recognized pening. Granting PNTR to China would Over the past ten years, our trade deficit during morning hour debates for 5 min- strip America’s ability to keep check with China has ballooned from 7 billion dollars utes. on the Communist regime. Granting to 70 billion dollars! There is currently a 6-to- Mr. PASCRELL. Mr. Speaker, this PNTR to China says that China has 1 ratio of imports to exports. morning I would like to address some- gained our trust and approval, and I Supporters of this flawed bill claim that we thing we started to talk about last would be saying that I believe this need PNTR to see our economy grow. That evening, and that is the vote we will be trade deal is the best thing for the peo- fact is however, that China has had NTR over taking probably tomorrow on China ple of my district. the past twenty years, and things continue to and our trade relations with China. But as I mentioned last night, I did get worse. We are taking a bad deal and mak- The minority leader wrote a book have a nightmare on Thursday evening, ing it permanent. last year, An Even Better Place, Amer- after standing with the 60 dissidents In the United States, we have seen a dan- ica in the 21st Century, where he dis- east of the Capitol here. I dreamt with gerous shift from a production to service missed as ludicrous the contention horror that there was an uprising in based economy. This deal threatens the tre- that expanded trade fosters democracy China, as there are many dissidents mendous creative spirit of our nation with the in China. ‘‘America has to stand for who are afraid to speak up at this mo- prospect of exploitation overseas. something more than money,’’ the Mi- ment, and that this great country, this I will not vote for a proposal that is down- nority Leader said, and I agree with pillar of democracy in the world, the right dangerous to our society at large. him wholeheartedly. greatest democracy that the world has We can and will not surrender our manufac- It seems to sum up what we have ever known, stood alongside of the au- turing base, our production, our jobs. been saying, we opponents. We are not thoritarian, totalitarian Chinese gov- Manufacturing is tremendously important to or do not wish to cut off relationships ernment to put this insurrection down. my district. There are 1,114 manufacturing with China and the Chinese people. In That is a horror show. firms who employ 57,000 workers in the fact, our argument is not with the Chi- Mr. Speaker, I would like to start by thank- Eighth District, and these firms are critical to nese people, our argument is with the ing my colleague from Oregon, Mr. DEFAZIO, our infrastructure. authoritarian government which has for his tremendous leadership, in standing up Granting PNTR to China would strip Amer- tortured, which has beaten down any for working people worldwide. I am pleased to ica's ability to keep check on the communist dissidents, any opposition. join him here today. regime in China. Granting PNTR to China

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.011 pfrm06 PsN: H23PT1 H3530 CONGRESSIONAL RECORD — HOUSE May 23, 2000 says that China has gained our trust and ap- problem the world faces, an ocean of Let us compare and contrast their at- proval, and I would be saying that I believe fluctuating fiat currencies. titude about Cuba to their attitude this trade deal is the best thing for the people For the past decade, with sharp ad- about China. Tomorrow those same Re- of my district. justments in currency values such as publican leaders are pushing as hard as I will not do that, because this is a bad deal occurred during the Asian financial cri- they can to have a truncated 3-hour de- for our workers. sis, the dollar and the U.S. consumers bate on the issue of so-called perma- The numbers do not lie. If PNTR is granted, benefitted. But these benefits will nent normal trade relations for China. New Jersey will see 22,276 jobs lost over the prove short-lived, since the unprece- They want to sell them anything and next ten years. The United States as a whole dented prosperity and consumption has everything: aerospace technology. will suffer a net job loss of 872,000 jobs over been achieved with money that we bor- They have already stolen the warhead the same ten years. row from abroad. technology. Missile technology. We are Proponents like to talk about job creation, Our trade imbalances and our sky- helping them improve their missiles, but they do not like publicizing the job loss on rocketing current account deficit once That little flurry we had about pre- our side. again hit a new record in March. Our venting that last year? Well, that died The real job creation will be in China, where distinction as the world’s greatest in the conference committee. We are U.S. businesses will flock with their factories. debtor remains unchallenged. But that selling them missile technology. They They will go there to pay thirty-three, thir- will all end when foreign holders of dol- have targeted us with 19 missiles, but teen, even three-cents per hour in sweatshops lars become disenchanted with financ- they are not very accurate. We want to that are basically workshops from a maximum- ing our grand prosperity at their ex- help them with their accuracy, any- security penitentiary. pense. One day, foreign holders of our thing they might want to buy. Big business in America wants to exploit a dollars will realize that our chief ex- They are not a threat, somehow. We labor force that cannot go on strike for higher port has been our inflation. are going to engage them. But Cuba, wages, or for better conditions. It wants to The Federal Reserve believes that Cuba is such a threat that food, we take advantage of a labor force that is op- prosperity causes high prices and rising cannot sell food to Cuba. Do not worry, pressed by its government. In fact, China has wages, thus causing it to declare war they might throw those eggs back at prison labor camps listed among its manufac- on a symptom of its own inflationary us. turing companies! policy, deliberately forcing an eco- A leader on the other side said, it is Why is this year any different? Why is this nomic slowdown, a sad and silly policy, very easy to see the distinction be- trade deal any different? What has China indeed. The Fed also hopes that higher tween the two cases. If we cannot see done to gain our trust, besides stealing of our interest rates will curtail the bur- it, I do not know, maybe we are just nuclear secrets? geoning trade deficit and prevent the blind to it. China is not all of a sudden going to play by serious currency crisis that usually re- Let us just look at the distinctions in the rules. They will not limit their imports. sults from currency-induced trade im- the State Department report. I have China will not be a good trading partner, be- balances. And of course, the Fed hopes blanked out the countries. See if Mem- cause there is no enforcement or reason to to do all this without a recession or de- bers can guess which is an authori- be. pression. tarian state. With permanent NTR, we will have thrown That is a dream. Not only is the dol- The blank is an authoritarian state in our last chip on keeping China in check. lar due for a downturn, the Chinese in the blank Communist party is the This deal is bad for my district, New Jersey, currency is, as well. When these adjust- paramount source of power. Citizens and the country. I stand with environmental- ments occur and recession sets in, with lack both the freedom to peacefully ex- ists, veterans, human rights activists, and rising prices in consumer and producer press opposition to the party-led polit- most importantly, working families, to oppose goods, there will be those who will ical system and the right to change this legislation. argue that it happened because of, or their national leaders or form of gov- The timing is wrong, and the deal is wrong. the lack thereof, of low tariffs and free ernment. Prison conditions at most fa- Now is not the time we should not vote to trade with China. cilities remain harsh. rubber-stamp a failed trading arrangement into But instead, I suggest we look more That is one of these countries. Here infinity. carefully for the cause of the coming is the other. The blank is a totalitarian Trade rights should be a privilege to be currency crisis. We should study the state controlled by blank who is chief earned, not a right merely handed out! nature of all the world currencies and of state, head of government, first Sec- f the mischief that fiat money causes, retary of the Communist party, and and resist the temptation to rely on Commander in Chief of its armed INTERNATIONAL TRADE the WTO, the IMF, the World Bank, forces. Citizens do not have the right The SPEAKER pro tempore. Under pseudo free trade, to solve the prob- to change their government peacefully. the Speaker’s announced policy of Jan- lems that only serious currency reform Prison conditions remain harsh. uary 19, 1999, the gentleman from can address. One of those countries the United Texas (Mr. PAUL) is recognized during f States will trade anything and every- morning hour debates for 5 minutes. thing with, and the other one we will Mr. PAUL. Mr. Speaker, this week TRADE WITH CHINA BUT NOT not even sell them food, but they kind there will be a lot of talk on the House WITH CUBA of sound identical, do they not? They floor about international trade. One The SPEAKER pro tempore. Under oppress their people, they have harsh side will talk about pseudo free trade, the Speaker’s announced policy of Jan- prison conditions, political prisoners, the other about fair trade. Unfortu- uary 19, 1999, the gentleman from Or- religious prisoners, prisoners of con- nately, true free trade will not be dis- egon (Mr. DEFAZIO) is recognized dur- science. cussed. ing morning hour debates for 5 min- One of them presents a threat to the Both sides generally agree to sub- utes. United States of America so grave they sidies and international management Mr. DEFAZIO. Mr. Speaker, today cannot buy food. The other, a country of trade. The pseudo free trader will the House will not consider the agri- of 1 billion people that is selling sen- not challenge the WTO’s authority to culture appropriations bill because the sitive nuclear technology to terrorist force us to change our tax, labor, and leadership on the Republican side of nations, that has violated every trade environmental laws to conform to WTO the aisle so vehemently opposes one agreement it has entered into with the rules, nor will they object to the WTO tiny provision of that bill. That is the United States of America, that hor- authorizing economic sanctions on us provision that would allow the sale of ribly oppresses its people, that crushes if we are slow in following WTO’s direc- food, food, to Cuba. students with tanks, well, they are tives. Cuba is such a threat to the United okay. We want to engage them, and we What is permitted is a low-level con- States of America that the sale of food will sell them anything and everything tinuous trade war, not free trade. The could jeopardize our national security. they want. current debate over Chinese trade sta- Sell them eggs? They might throw We will be allowed 3 puny hours to tus totally ignores a much bigger trade them back at us. debate this issue tomorrow because the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.004 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3531 Republicans have a big dinner. The big- trouble in the past, we have just said, that finding the money to repay this trust fund gest trade issue before the United well, we are going to raise the tax on debt means taxes will have to be raised, States Congress this year, and 3 hours American workers. So the problem is, spending cut, or borrowing increased. As he of debate. It sounds like the deal is cut how do we do it without raising taxes? said, reform proposals that do not change the on that side of the aisle, and it is cut Increase borrowing? Probably! program's obligations or take actions to pro- for one thing, campaign contributions Director Crippen of the CBO pointed mote growth in the economy are an empty from the big business that is pushing out in Thursday’s Washington Post gesture. this stuff through this body. that finding the money to repay this Governor Bush has shown true leadership f trust fund debt means taxes will have by taking on this issue. He is not willing to ac- to be raised, spending cut, or borrowing cept the status quo, and we shouldn't be, ei- SOCIAL SECURITY AND MEDICARE increased. As he said, reform proposals ther. The only way to get to real solutions is The SPEAKER pro tempore. Under that do not change some of the pro- to discuss the facts and work together on a bi- the Speaker’s announced policy of Jan- gram’s basic principles are not going to partisan basis to build a solution. uary 19, 1999, the gentleman from solve the problem. Another alternative f Michigan (Mr. SMITH) is recognized is getting a better return on some of THE WHAT IF ORGANIZATION AND during morning hour debates for 5 min- those taxes paid in. THE POSSIBILITY GENERATION utes. Right now, a young worker 20 years Mr. SMITH of Michigan. Mr. Speak- old going to work and paying social se- The SPEAKER pro tempore. Under er, social security, as we see on this curity can expect at the most a 1.2 per- the Speaker’s announced policy of Jan- chart, now is the largest expenditure of cent inflation-adjusted return on what uary 19, 1999, the gentleman from the Federal Government. It uses 20 per- he or she and their employer pay in. So Pennsylvania (Mr. GREENWOOD) is rec- cent of all Federal Government funds. if that young worker can take some of ognized during morning hour debates Medicare is 11 percent, but within the their tax and get a better return than for 5 minutes. next 35 years Medicare, the way it is Social Security’s 1.2 percent by invest- Mr. GREENWOOD. Mr. Speaker, I growing, will actually grow faster and ing in bonds, CDs maybe some of it in have the pleasure today of hosting an organization of young people in from be a larger percentage of the budget indexed stocks, they can have more re- my district who call themselves ‘‘What than social security. tirement income. They now own that 2 Over the last 6 years I have intro- If?’’ or 3% of their wage plus the com- What if young people knew how to duced three social security bills, each pounded earnings. It is part of their es- create their future every day through one scored by the social security actu- tate if they might die early. the goals they set and the decisions aries, to keep social security solvent We do not need Vice President GORE they make? for the next 75 years. I am very con- saying, we are just going to simply add What if today’s youth were given op- cerned what is happening in this presi- giant IOUs to the Social Security portunities to become team members, dential campaign. Trust Fund and pretend somehow we to solve problems and to resolve dif- The Wall Street Journal reports that are going to come up with the money ferences clearly and effectively? the chairman of the Democrat House in the future. It is our biggest, most What if the youth of today created an campaign committee has sent a memo important program in this country. expectation for leadership and account- urging Democrat candidates to bash Let us talk realistically, because the ability, and in doing so, create a shift and criticize Governor Bush for pro- ultimate solution is going to require in the way they view themselves and posing social security reforms. These that Republicans and Democrats get the way they are viewed by others? election year tactics I think are very together on a bipartisan basis to do What if a generation, this generation, dangerous because it will discourage this. decided to empower itself by giving fact-centered dialogue about what the Demagoguing it, criticizing it, hav- itself a meaningful name, the Possi- real problem is: How we are going to ing memos go out that say, bash Gov- bility Generation? keep social security solvent to pay ben- ernor Bush for any proposal he makes What if the mass youth movement to efits for future retirees. Instead, they on social security, is not the way to spread that name around the globe use fear-based rhetoric to reduce this move ahead on a bipartisan solution. I taught participants in that movement important issue to demagoguery for po- urge the President of the United to produce actions founded on choice, litical gain. I think American workers States, I urge the Vice President, to personal and social empowerment, in- deserve better. stop it and to talk in a cooperative, tegrity, and responsibility? Many will have payroll taxes taken factual manner about the real problem In a world where young people feel from their paychecks for 40, maybe and how we might save Social Security that the road ahead is so bleak as to even up to 50 years. When it is time for and keep it solvent for our kids and require dramatic and violent means of them to retire, the promises made by grand-kids. self-expression, in a fast-paced world of candidates who demagogued during the Mr. Speaker, Thursday's Wall Street Journal uncertainty and change greater than 2000 elections will not produce the reports that the chairman of the Democrat's any other time in history, we must em- money to pay benefits at the levels House Campaign committee has sent a memo power youth to become visionaries, and that current retirees receive. Only real urging Democrat candidates to bash Gov. to invite new choices for their future, reform is going to do that. Bush for proposing Social Security reforms. to make responsible choices, and to As we see by this chart, this is the These election year tactics will discourage take responsibility for the choices that predicament of social security. Social fact-centered dialogues about the reforms they make. security in 2016 is going to run out of needed to keep Social Security strong for gen- In a world in which the mere sustain- funds, a cash flow problem, so there is erations. Instead, they use fear-based rhetoric ability of our planet cannot be taken less money coming in from social secu- to reduce this important issue to demogoguery for granted, we must encourage and rity taxes than is needed to pay bene- for political gain. produce socially, environmentally, po- fits. So somehow we have to come up American workers deserve better than this. litically, and commercially conscious with money in those future years to Many will have payroll taxes taken from their youth leadership. pay for the benefits that have been paychecks for forty and even fifty years. When The What If Organization, founded to promised. it is their time to retire, the promises made by address these very issues, is an an edu- There are only three or four ways to candidates who demagog during the 2000 cational, training, and networking or- do that: We either cut existing pro- elections will not produce the money to pay ganization which provides unique emo- grams, and probably that is not going benefits at the levels that current retirees re- tional and intellectual development to happen in this Chamber; we can in- ceive. Only real reform that sets cash aside through innovative programs that crease taxes, and I think that is a very for the future will do this. Starting in 2016, So- train youth and young adults to be- bad idea, because 72 percent of Amer- cial Security starts to draw down its trust come productive in the workplace, in ican workers today pay more in social funds, and the Treasury must find the cash to their lives, and in their communities. security tax than they do in income meet these obligations. CBO Director Crippen The skills acquired through What If taxes. Every time we have been in pointed out in Thursday's Washington Post, interactive programs provide long-

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.013 pfrm06 PsN: H23PT1 H3532 CONGRESSIONAL RECORD — HOUSE May 23, 2000 term solutions with broad implications uary 19, 1999, the gentleman from Colo- Help us this day to achieve Your holy by training students to make respon- rado (Mr. TANCREDO) is recognized dur- will by setting aside all selfish gain. sible choices and consciously operate ing morning hour debates for 23⁄4 min- Make us Your instrument of peace and as the CEOs of their lives. utes. justice that our faith in You may not Youth leaders of the What If organi- Mr. TANCREDO. Mr. Speaker, yes- bring us shame but give You alone the zation have renamed their generation. terday marked the beginning of Na- glory now and forever. Formerly known as Generation Y, the tional Small Business Week. With over Amen. Possibility Generation. They are cre- 117,000 small businesses in Colorado, f ating history as the first generation to not to mention the 184,000 self-em- THE JOURNAL name itself, and through that act, they ployed individuals, small businesses are declaring their leadership. Unwill- have become the backbone of our ro- The SPEAKER pro tempore. The ing to be labeled by others, these youth bust economy. Chair has examined the Journal of the are creating a shift in the way they It is imperative that we continue to last day’s proceedings and announces view themselves and the way they are foster the growth of small businesses in to the House his approval thereof. viewed by others. America by reducing and eliminating Pursuant to clause 1, rule I, the Jour- Representatives of the What If Orga- many of the burdensome regulations nal stands approved. nization, founders of the Possibility the Federal government imposes on f Generation, and their peers are here them, such as those put out by OSHA PLEDGE OF ALLEGIANCE today to share in the creation of new that cost small business millions of possibilities for generations to come. dollars each year. The SPEAKER pro tempore. Will the As I read the Possibility Generation, Congress should also heed the calls of gentleman from Nebraska (Mr. TERRY) written by these young people,. businessmen and women throughout come forward and lead the House in the ‘‘The Possibility Generation Procla- the Nation and eliminate the death Pledge of Allegiance. mation: tax, which would allow more small Mr. TERRY led the Pledge of Alle- We, the youth and leaders of the fu- businesses to be passed on from one giance as follows: ture, hereby proclaim our self-fulfilling I pledge allegiance to the Flag of the right to choose our name, to be ac- generation to another, and continue to pass laws allowing small businesses to United States of America, and to the Repub- countable for how we are perceived, lic for which it stands, one nation under God, and to be responsible for the manner in increase retirement benefits for them- indivisible, with liberty and justice for all. which we relate to ourselves and oth- selves and their employees. f ers. Earlier this year, the House passed We are shaping our future by naming four small business bills to reduce pa- PAYING DOWN THE DEBT ourselves the Possibility Generation, a perwork requirements and limit liabil- (Mr. PITTS asked and was given per- name consistent with the future we are ity. I urge my colleagues in the Senate mission to address the House for 1 creating. We are actively forming the to pass this legislation. minute and to revise and extend his re- Possibility Generation by taking own- I hope my colleagues will join me marks.) ership of the future today. We know this week in thanking America’s small Mr. PITTS. Mr. Speaker, in 1981, through our own initiative we can de- businesses for their efforts in making while the Nation celebrated the 200th sign our lives and future, building on America the leader in the world’s econ- anniversary of the British surrender at the knowledge and experiences from omy. Yorktown, President Reagan joked previous generations. f that ‘‘our enemy is no longer Red We willingly seek partnership in cre- RECESS Coats, but red ink.’’ ating our future based on the recogni- For 40 long years, this country sank tion of our unlimited possibilities and The SPEAKER pro tempore. Pursu- deeper and deeper into debt. Congress what we can accomplish by virtue of ant to clause 12 of rule I, the Chair de- seemed addicted to spending money on our strengths, our openness, our quest clares the House in recess until 10 a.m. every project imaginable. But never to explore uncharted territory, our Accordingly (at 9 o’clock and 41 min- during the 8 years of Reagan’s presi- willingness to accept and to be proud of utes a.m.), the House stood in recess dency did the Congress ever send him a who we are, and our ability to accept until 10 a.m. balanced budget, not once. others for who they are. f Never during the Carter, Ford, or We commit to being a model for the b 1000 Nixon administrations did the Demo- generations to follow, thus creating a cratic Congress ever send the President future for our children and providing a AFTER RECESS a balanced budget, nor during the Bush choice to lead a life by a path of self- The recess having expired, the House administration. determination and celebration. We was called to order by the Speaker pro The same was true the first 2 years commit to creating a world that ac- tempore (Mr. EWING) at 10 a.m. that President Clinton enjoyed one- cepts all people and provides an equal f party rule in this town, no balanced budget. right to explore given potential. In so PRAYER doing, we become the possibility of The Constitution clearly states that goodness, peace, and humanitarianism The Chaplain, the Reverend Daniel P. only Congress can appropriate money for all. Coughlin, offered the following prayer: for spending. Within 3 years of taking We, the members of the Possibility Lord God of the ages, You love each over Congress, the Republicans not Generation, pledge to each live our pos- of us in singular fashion. You deal with only balanced the budget but also sibilities in the manner that will em- us justly. In differing ways, You draw began paying down the debt. power us as individuals and thus posi- us to Yourself to achieve Your own For decades, the other side had the tively influence society as a whole.’’ purpose. chance to balance the budget but never I am delighted, Mr. Speaker, to host Those who have only tasted Your did. The Republican Congress did it, this group of fine young people in goodness, O Lord, are like newborn in- and now we are reaping the rewards. Washington today, where they will fants longing for pure spiritual milk. f meet leaders from our Congress and Those who have been cut out by Your PERMANENT NORMAL TRADE from the administration, and wish Word and hewed by Your spirit are like RELATIONS WITH CHINA them well as they take on these glo- living stones being built into a spir- rious endeavors. itual house, called to be a holy priest- (Mr. ROEMER asked and was given f hood offering spiritual sacrifice accept- permission to address the House for 1 able to God. minute and to revise and extend his re- NATIONAL SMALL BUSINESS Those wholly animated by Your Spir- marks.) WEEK it are like branches on a vine, one in Mr. ROEMER. Mr. Speaker, we cast a The SPEAKER pro tempore. Under life, one in activity, one in producing lot of votes in this body that are often- the Speaker’s announced policy of Jan- lasting fruits. times quickly forgotten, but tomorrow

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.005 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3533 we will cast one that will be indelibly Her father forced her to assume many or not Chinese communists have com- etched in the history books, whether or identities to hide and alienate her from promised our national security. not this Congress supports the current her mother. Cecilie learned the truth Unbelievable. status quo of too many human rights from a family friend. And if that is not enough to throw abuses and too many trade deficits She now has a relationship with her wild rice on this China marriage, check with China or whether we want to mother but expressed to me the dev- this out. Congress is about to reward change that policy. astating effects that abduction has on China for buying and spying on Uncle I will vote for permanent trade with the child victims. Sam. China because it benefits America. We At an event I held in March, Cecilie, Beam me up. do not want to support the status quo on behalf of herself and all abducted When the Justice Department spends with China. children, appealed to Congress to do ev- millions of dollars to investigate Bill Just Friday, the European Union ne- erything in its power to discourage Gates of Microsoft but not one dime to gotiated a new agreement with China international parental child abduction investigate the Red Army of China, where they will get certain benefits to by taking action to motivate foreign something is wrong in America. get into those markets in China. Under countries to comply with the spirit and I yield back what looks like treason this agreement, America does not open the intent of the Hague Treaty on the to me. its markets one bit more to China; but Civil Aspects of International Child f we pry open markets for telecommuni- Abduction. IN SUPPORT OF GRANTING PER- cations, agriculture, manufacturing, My colleagues have that chance. Sup- MANENT NORMAL TRADE RELA- and across the board. port H. Con. Res. 293 and help me pre- TIONS TO CHINA Our policy, Mr. Speaker, should be to vent this tragedy from happening pry open and penetrate those markets again. (Mr. TERRY asked and was given so that we export products, not jobs. f permission to address the House for 1 f minute and to revise and extend his re- INS DATA MANAGEMENT marks.) SPANISH-AMERICAN WAR TAX IMPROVEMENT ACT Mr. TERRY. Mr. Speaker, China is (Mr. HEFLEY asked and was given (Mr. GIBBONS asked and was given the third largest military power in the permission to address the House for 1 permission to address the House for 1 world. It has a huge conventional arms minute.) minute and to revise and extend his re- arsenal and developing missile and nu- Mr. HEFLEY. Mr. Speaker, the Fed- marks.) clear capabilities. eral Government is notorious for being Mr. GIBBONS. Mr. Speaker, I rise Quite frankly, China is a powerful cumbersome and slow to change. When today in strong support of H.R. 4489, threat. But China can be a powerful it comes to making improvements in the INS Data Management Improve- ally. There is no more powerful tool for our 17,000-page Tax Code, this is par- ment Act, which will be coming before a positive change in China than trade ticularly true. this Chamber later today. with America. So it is no great surprise that there The bill will support our border law I worry that this trend towards isola- is a 102-year-old temporary tax law on enforcement objectives without ad- tionism will lead us into another Cold the books which became obsolete less versely affecting U.S. commerce, trade, War, an ugly time of an era gone by, than a year after it became law. That or tourism. where many of my colleagues seem to is right, the Spanish-American War H.R. 4489 does not create a new, cum- long for the old policy of mutually as- tax, which charges Americans a 3-per- bersome inspection system. It does not sured destruction. cent excise tax on their phone line mandate additional documents be re- Mr. Speaker, I urge them to instead usage, was passed by Congress in 1898 quired for entry into the United States. explore the option of mutually assured to pay for the Spanish-American War. H.R. 4489 simply requires that the improvements. Well, the war is over, folks, but the INS develop and maintain an elec- Granting China normal trade rela- tax is still with us. It is hurting 94 per- tronic database of information already tions will have a tremendous impact on cent of Americans who use phone lines collected at our borders. It also estab- our diplomatic relations. This will en- either for personal or business use. lishes a joint public-private sector task hance our ability to improve condi- Why has it not changed? It has not force to evaluate and report on ways to tions in China even more. changed because of the insatiable appe- improve the flow of traffic at all ports f tite of Government for every single tax of entry. IN CELEBRATION OF SMALL dollar it can get its hands on. This sensible legislation supports our BUSINESS WEEK This is wrong. Congress needs to dis- border law enforcement efforts, as well ´ connect the American people from the as the travel and tourism industries of (Ms. VELAZQUEZ asked and was outdated Spanish-American War tax. many States, including Nevada. given permission to address the House f I urge all of my colleagues to support for 1 minute.)´ the INS Data Management Improve- Ms. VELAZQUEZ. Mr. Speaker, INTERNATIONAL CHILD ment Act. George Bernard Shaw once said, ‘‘Some ABDUCTION f people look at the world and say, (Mr. LAMPSON asked and was given ‘Why?’. Others look at the world and permission to address the House for 1 JUSTICE DEPARTMENT HAS NOT say, ‘Why not?’ ’’. minute.) INVESTIGATED WHETHER CHI- To me, this one statement captures Mr. LAMPSON. Mr. Speaker, I rise NESE COMMUNISTS HAVE COM- the essence of what it means to be a again today to talk about inter- PROMISED OUR NATIONAL SECU- business owner and entrepreneurs of national child abduction, but this time RITY America. I will tell the story from a different (Mr. TRAFICANT asked and was I rise today in celebration of Small perspective. I am going to tell my col- given permission to address the House Business Week and acknowledge our leagues about Cecilie Finkelstein, a for 1 minute and to revise and extend Nation’s most enduring image and its victim of international parental child his remarks.) greatest legacy, our small businesses. abduction who I have spoken with Mr. TRAFICANT. Mr. Speaker, a Small businesses account for 99.7 per- about the effects that this crime has on memo now proves that the FBI urged cent of America’s employers. They em- the abducted child. Janet Reno to stop investigating ille- ploy 52 percent of the private sector During our discussions, Cecilie ex- gal Chinese campaign contributions to workforce. And they are responsible for pressed to me that parental abduction the Democratic Party. Janet Reno was 47 percent of all sales of goods and can and often does cause tremendous told she would lose her job. Janet Reno services throughout this country. harm to the children involved. In her did not lose her job. But small business is not just about case, she lived on the run for 14 years, Until this day, the Justice Depart- these numbers. These companies rep- living in three countries and 34 States. ment has never investigated whether resent the investors, entrepreneurs,

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.008 pfrm06 PsN: H23PT1 H3534 CONGRESSIONAL RECORD — HOUSE May 23, 2000 technical wizards, and dreamers of our China, many with the Motorola brand. RECOGNIZING SOUTH FLORIDA’S business community. And as we com- If Congress passes PNTR, Motorola JIM BROSEMER ON A DISTIN- memorate Small Business Week and could basically take these Chinese GUISHED BROADCASTING CA- the entrepreneurs, we are celebrating plants and use them as an export plat- REER these individuals and we honor those form to disadvantage the American (Mr. FOLEY asked and was given per- who always say ‘‘why not?’’. people, American jobs. mission to address the House for 1 f Vote against PNTR. minute and to revise and extend his re- REPEAL TAX ON TALKING marks.) f Mr. FOLEY. Mr. Speaker, May 28 will (Mr. SAM JOHNSON of Texas asked mark the end of a long and distin- and was given permission to address INTERNET PRIVACY guished broadcasting career for an icon the House for 1 minute and to revise of south Florida television. Since 1967, and extend his remarks.) (Mr. HUTCHINSON asked and was Jim Brosemer has been a familiar face Mr. SAM JOHNSON of Texas. Mr. given permission to address the House delivering the news to the people I rep- Speaker, in 1898 the Federal tax on for 1 minute.) resent. After 17 years as an anchor in telephone service, the tax on talking, Mr. HUTCHINSON. Mr. Speaker, yes- Miami at WTVJ, Jim spent the last 7 was first levied as a temporary meas- terday the Federal Trade Commission years in a variety of capacities at ure to fund the Spanish-American War. released a report to Congress. This re- WPTV channel 5, the NBC affiliate in That war lasted only a few months, and port dealt with the issue of online pri- west Palm Beach. yet the taxes lasted for over a hundred vacy. The report stated: ‘‘Ongoing con- While his regular appearances in years. sumer concerns regarding privacy on- front of the camera are coming to an Unfortunately, in 1990 a Democratic- line and the limited success of self-reg- end, he will now share the same skills controlled Congress made it perma- ulatory efforts to date make it time for that won him four local Emmy awards nent, which just goes to show us one the government to act to protect con- behind the camera as a teacher helping thing about Washington: once there is sumers’ privacy on the Internet.’’ to educate the next generation of jour- a tax on the books, it is almost impos- The important impact of this report nalists. As Jim begins his new duties in sible to get rid of it. is that it urges action by Congress. It teaching and as the government and But this week we are going to is time that we do not simply leave it media liaison for college of commu- achieve the impossible. We are going to to the regulators but that we take leg- nications at Lynn University joins an- get rid of this Federal telephone tax islative action on the issue of privacy. other icon of broadcasting, Irving R. once and for all. This will provide tax The best vehicle for this purpose is the Levine, at their Boca Raton campus, I relief to the nearly 95 percent of Amer- privacy study commission bill that I join the communities of south Florida ican households who have telephone have introduced along with the gen- in wishing Jim Brosemer well, wishing service, and it will help keep the Inter- tleman from Virginia (Mr. MORAN). It him success, and thanking him for his net free from direct taxation. is a bipartisan bill patterned after the years of community service to Palm Teddy Roosevelt and his Rough Rid- privacy study commission of 1974 that Beach County and all of south Florida. ers fought valiantly in the Spanish- gave us hallmark legislation. We need f American War, but we have long since to address it again. It is comprehen- cleared the ledger on that victory. It is sive, it is bipartisan, it is a thoughtful SOCIAL SECURITY a hundred years later and way past approach to the issue of privacy. It is (Ms. DELAURO asked and was given time to repeal this outdated tax on set for markup in the committee on permission to address the House for 1 working Americans. government reform. minute and to revise and extend her re- f I urge my colleagues to take a look marks.) at it because it is time that we were Ms. DELAURO. Mr. Speaker, there MOTOROLA AND TELECOMMUNI- able to go back to the voters and say has been a lot of talk over the past few CATION PRODUCTS IN CHINA we are going to do something about the weeks about competing plans to handle (Mr. KUCINICH asked and was given issue of privacy. Social Security. Since 1935, Americans permission to address the House for 1 have been able to count on an assured minute and to revise and extend his re- f income when they retire through So- marks.) cial Security. Social Security has been there to lift millions of seniors out of Mr. KUCINICH. Mr. Speaker, a recent NATIONAL SMALL BUSINESS poverty, give them the ability to live ad placed by Motorola, and this is the WEEK ad, says, ‘‘China is finally open for with independence and dignity. We business, and America’s factories are (Mr. DAVIS of Illinois asked and was should be working to strengthen Social ready to respond to this historic oppor- given permission to address the House Security, not to undermine it. There is tunity to boost exports to China and for 1 minute and to revise and extend no doubt that we need to reform Social support jobs at home.’’ his remarks.) Security, but it must be the right kind Now, Motorola wants Congress to be- Mr. DAVIS of Illinois. Mr. Speaker, I of reform. The wrong kind of reform in- lieve that it will increase jobs and in- rise today in honor of National Small troduces risk, takes money away from vestment at the American factories for Business Week. This is the week we Social Security and undermines that export to China. honor the small business owners across assured income that has served as a A Chinese newspaper gets a different the Nation who have done so much to solid foundation during retirement story. Motorola is telling the Chinese, make our country strong and pros- years. Plans to privatize Social Secu- we are going to invest another $2 bil- perous. America’s 23 million small rity would particularly harm American lion in China once China enters the businesses employ more than half of women because they earn less, live World Trade Organization, which would our country’s private workforce, create longer, take time out to raise children follow this permanent MFN vote, on two out of every three new jobs, and and are more likely to work part time. top of the $1.1 billion that Motorola generate a majority of American inno- Mr. Speaker, we should take this his- has already invested in Chinese produc- vations. In my district, we are experi- toric opportunity to invest our surplus tion. So here is Motorola going to build encing tremendous growth as a result in protecting and strengthening Social a new factory to produce telecommuni- of small businesses. I would hope as we Security instead of gambling it on the cation products in China. get an opportunity in a few days to ups and downs of the stock market. If vote on new market initiatives and the we act now, we can use the budget sur- b 1015 American Community Renewal Act plus to pay down the debt and use the Motorola did not export a single cell that we, Mr. Speaker, would recognize interest saved to strengthen Social Se- phone to the U.S. from China. Last the value of small businesses and vote curity. This plan is a sound investment year the U.S. imported almost $100 mil- this legislation in honor of our small for America’s future and for all Ameri- lion in cell phones that were made in businesses in the country. cans, young and old.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.010 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3535 REPUBLICAN B.E.S.T. AGENDA SEQUENTIAL VOTES POSTPONED IN COMMITTEE Etheridge Lewis (GA) Porter OF THE WHOLE Evans Lipinski Price (NC) (Mr. KINGSTON asked and was given Farr Lofgren Rangel permission to address the House for 1 The CHAIRMAN pro tempore. Pursu- Fattah Lowey Rivers ant to House Resolution 506, pro- Filner Luther Roemer minute and to revise and extend his re- Ford Maloney (CT) Rohrabacher marks.) ceedings will now resume on those amendments on which further pro- Frank (MA) Maloney (NY) Rothman Mr. KINGSTON. Mr. Speaker, the Re- Frost Manzullo Roybal-Allard publican Party continues to work on ceedings were postponed in the fol- Ganske Markey Rush Gephardt Mascara Sabo the B.E.S.T. agenda for the American lowing order: amendment No. 1 by the gentleman from Indiana (Mr. ROEMER); Gonzalez Matsui Sanchez people. B stands for building up the Goode McCarthy (MO) Sanders military and looking after our veterans amendment No. 3 by the gentleman Goodlatte McDermott Sandlin and military retirees and active duty from Ohio (Mr. TRAFICANT); amend- Green (TX) McGovern Sawyer ment No. 4 by the gentleman from Ohio Gutierrez McKinney Schaffer personnel. E stands for excellence in Hastings (FL) Meek (FL) Schakowsky (Mr. TRAFICANT). education, local control, where the dol- Hill (IN) Meeks (NY) Serrano lars go to the teacher in the classroom, The Chair will reduce to 5 minutes Hilliard Menendez Sherman Hinchey Metcalf Slaughter not Washington bureaucrats. The S is the time for any electronic vote after the first vote in this series. Hoeffel Millender- Smith (WA) for preserving and strengthening Social Holden McDonald Snyder Security. A major accomplishment of AMENDMENT NO. 1 OFFERED BY MR. ROEMER Holt Miller, George Spratt The CHAIRMAN pro tempore. The Hooley Mink Stabenow Republicans in Congress was to say to Inslee Moore Stark the President, don’t just preserve 62 unfinished business is the demand for a Istook Moran (VA) Strickland percent of the surplus, preserve 100 per- recorded vote on the amendment of- Jackson (IL) Morella Tanner cent. And let’s quit spending that fered by the gentleman from Indiana Jackson-Lee Myrick Tauscher (TX) Nadler Thompson (MS) money on roads and bridges. Also, let (Mr. ROEMER) on which further pro- Jefferson Napolitano Thurman us protect Medicare and pay down the ceedings were postponed and on which Johnson, E. B. Neal Tierney debt. Our budget pays down the public the noes prevailed by voice vote. Kanjorski Obey Towns The Clerk will redesignate the Kaptur Olver Udall (CO) debt by the year 2013. As a father, I Kennedy Owens Udall (NM) think that is one of the best things amendment. Kildee Pallone Upton that I can go home and talk about. The text of the amendment is as fol- Kilpatrick Pascrell Velazquez Then the T in the word ‘‘best’’ stands lows: Kind (WI) Pastor Vento Kucinich Paul Visclosky for tax relief. After we fulfill our obli- Amendment No. 1 offered by Mr. ROEMER: LaFalce Payne Waters gations in Social Security, Medicare At the end of title III add the following Lampson Pelosi Watt (NC) and debt reduction, let us return the new section (and conform the table of con- Lantos Peterson (MN) Wexler tents accordingly): Leach Petri Weygand overpayment in government to the Lee Phelps Woolsey American people. They work 50 and 60 SEC. 306. ANNUAL STATEMENT OF THE TOTAL Levin Pomeroy Wynn hours a week. Money does not grow on AMOUNT OF INTELLIGENCE EX- PENDITURES FOR THE PRECEDING NOES—225 trees. It does not come from Wash- FISCAL YEAR. Aderholt Dunn Jones (NC) ington. It comes from hardworking Section 114 of the National Security Act of Andrews Edwards Kasich taxpayers. Let us return the money to 1947 (50 U.S.C. 404i) is amended— Archer Ehlers Kelly them. (1) by redesignating subsection (c) as sub- Baca Ehrlich King (NY) section (d); and Bachus Emerson Kingston f (2) by inserting after subsection (b) the fol- Baker English Kleczka lowing new subsection: Ballenger Everett Klink INTELLIGENCE AUTHORIZATION Barr Ewing Knollenberg ACT FOR FISCAL YEAR 2001 ‘‘(c) ANNUAL STATEMENT OF THE TOTAL Barrett (NE) Fletcher Kolbe AMOUNT OF INTELLIGENCE EXPENDITURES FOR Bartlett Foley Kuykendall The SPEAKER pro tempore (Mr. THE PRECEDING FISCAL YEAR.—Not later than Bass Fowler LaHood EWING). Pursuant to House Resolution February 1 of each year, the Director of Cen- Bateman Franks (NJ) Largent 506 and rule XVIII, the Chair declares tral Intelligence shall submit to Congress a Bentsen Frelinghuysen Latham Bereuter Gallegly LaTourette the House in the Committee of the report containing an unclassified statement of the aggregate appropriations for the fiscal Biggert Gejdenson Lewis (CA) Whole House on the State of the Union Bilbray Gekas Lewis (KY) for the further consideration of the year immediately preceding the current year Bilirakis Gibbons Linder for National Foreign Intelligence Program Bishop Gilchrest LoBiondo bill, H.R. 4392. (NFIP), Tactical and Intelligence and Re- Bliley Gillmor Lucas (KY) b 1022 lated Activities (TIARA), and Joint Military Boehlert Gilman Lucas (OK) Intelligence Program (JMIP) activities, in- Boehner Goodling McCollum IN THE COMMITTEE OF THE WHOLE cluding activities carried out under the Bonilla Gordon McCrery budget of the Department of Defense to col- Bono Goss McHugh Accordingly, the House resolved Boswell Graham McInnis itself into the Committee of the Whole lect, analyze, produce, disseminate, or sup- Brady (TX) Granger McIntyre House on the State of the Union for the port the collection of intelligence.’’. Burr Green (WI) McKeon RECORDED VOTE Burton Greenwood McNulty further consideration of the bill (H.R. Buyer Gutknecht Mica 4392) to authorize appropriations for The CHAIRMAN pro tempore. A re- Callahan Hall (OH) Miller (FL) fiscal year 2001 for intelligence and in- corded vote has been demanded. Calvert Hall (TX) Miller, Gary telligence-related activities of the A recorded vote was ordered. Camp Hansen Mollohan Canady Hastings (WA) Moran (KS) United States Government, the Com- The vote was taken by electronic de- Cannon Hayes Murtha munity Management Account, and the vice, and there were—ayes 175, noes 225, Cardin Hayworth Nethercutt Central Intelligence Agency Retire- not voting 34, as follows: Castle Hefley Ney Chambliss Herger Northup ment and Disability System, and for [Roll No. 214] Clement Hill (MT) Norwood other purposes, with Mr. HUTCHINSON AYES—175 Coble Hilleary Nussle Coburn Hinojosa Ortiz (Chairman pro tempore) in the chair. Abercrombie Boyd Danner Collins Hobson Ose The Clerk read the title of the bill. Allen Brady (PA) Davis (FL) Combest Hoekstra Oxley Baird Brown (FL) Davis (IL) The CHAIRMAN pro tempore. When Cook Horn Packard Baldacci Campbell DeFazio the Committee of the Whole rose on Cox Hostettler Pease Baldwin Capps DeGette Cramer Houghton Peterson (PA) Monday, May 22, 2000, a request for a Barcia Carson Delahunt Crane Hoyer Pickering Barrett (WI) Chabot DeLauro recorded vote on amendment No. 4 Cubin Hulshof Pickett Becerra Clay Deutsch printed in the CONGRESSIONAL RECORD Cunningham Hunter Pitts Berkley Clayton Dicks Davis (VA) Hutchinson Portman by the gentleman from Ohio (Mr. Berman Clyburn Dingell Deal Hyde Pryce (OH) TRAFICANT) had been postponed and the Berry Condit Dixon DeMint Isakson Quinn Blagojevich Conyers Doggett bill was open for amendment at any Diaz-Balart Jenkins Radanovich Blumenauer Costello Dooley point. Doolittle John Rahall Bonior Coyne Duncan Doyle Johnson (CT) Ramstad Are there further eligible amend- Borski Crowley Engel Dreier Johnson, Sam Reyes ments to the bill? Boucher Cummings Eshoo

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.017 pfrm06 PsN: H23PT1 H3536 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Reynolds Shuster Thomas ligence Authorization Act for Fiscal Year Maloney (NY) Phelps Smith (WA) Riley Simpson Thompson (CA) 2000 (Public Law 106–120, 113 Stat. 1613) (re- Manzullo Pickering Snyder Rogan Sisisky Thornberry lating to a description of the effects of espio- Markey Pickett Souder Rogers Skeen Thune Mascara Pitts Spence Ros-Lehtinen Skelton Toomey nage against the United States, conducted Matsui Pombo Spratt Roukema Smith (MI) Traficant by or on behalf of other nations, on United McCarthy (MO) Pomeroy Stabenow Royce Smith (NJ) Turner States trade secrets, patents, and technology McCollum Porter Stark Ryan (WI) Smith (TX) Vitter development). McCrery Portman Stearns Ryun (KS) Souder Walden McDermott Price (NC) Stenholm RECORDED VOTE Salmon Spence Walsh McGovern Pryce (OH) Strickland Sanford Stearns Wamp The CHAIRMAN pro tempore. A re- McHugh Quinn Stump Saxton Stenholm Watkins corded vote has been demanded. McInnis Radanovich Sununu Scott Stump Watts (OK) McIntyre Rahall Sweeney Sensenbrenner Sununu Weldon (FL) A recorded vote was ordered. McKeon Ramstad Talent Sessions Sweeney Weldon (PA) The CHAIRMAN pro tempore. This McKinney Rangel Tancredo Shadegg Talent Weller will be a 5-minute vote. McNulty Regula Tanner Shaw Tancredo Whitfield Meehan Reyes Tauscher Shays Tauzin Wicker The vote was taken by electronic de- Meek (FL) Reynolds Tauzin Sherwood Taylor (MS) Wilson vice, and there were—ayes 407, noes 1, Meeks (NY) Riley Taylor (MS) Shimkus Taylor (NC) Wolf not voting 26, as follows: Menendez Rivers Taylor (NC) Shows Terry Wu Metcalf Roemer Terry [Roll No. 215] Mica Rogan Thomas NOT VOTING—34 AYES—407 Millender- Rogers Thompson (CA) Ackerman Fossella Regula McDonald Rohrabacher Thompson (MS) Armey Jones (OH) Rodriguez Abercrombie Cubin Hayes Miller (FL) Ros-Lehtinen Thornberry Barton Larson Scarborough Aderholt Cummings Hayworth Miller, Gary Rothman Thune Blunt Lazio Stupak Allen Cunningham Hefley Miller, George Roukema Thurman Brown (OH) Martinez Tiahrt Andrews Danner Herger Mink Roybal-Allard Tierney Bryant McCarthy (NY) Waxman Archer Davis (FL) Hill (IN) Moakley Royce Toomey Capuano McIntosh Weiner Baca Davis (IL) Hill (MT) Mollohan Rush Towns Chenoweth-Hage Meehan Wise Baird Davis (VA) Hilleary Moore Ryan (WI) Traficant Cooksey Minge Young (AK) Baker Deal Hilliard Moran (KS) Ryun (KS) Turner DeLay Moakley Young (FL) Baldacci DeFazio Hinchey Moran (VA) Sabo Udall (CO) Dickey Oberstar Baldwin DeGette Hinojosa Morella Salmon Udall (NM) Forbes Pombo Ballenger Delahunt Hobson Murtha Sanchez Upton Barcia DeLauro Hoeffel Myrick Sanders Velazquez b 1050 Barr DeMint Hoekstra Nadler Sandlin Vento Barrett (NE) Deutsch Holden Napolitano Sanford Visclosky Messrs. SHIMKUS, WAMP, and BUR- Barrett (WI) Diaz-Balart Holt Neal Sawyer Vitter TON of Indiana changed their vote Bartlett Dickey Hooley Nethercutt Saxton Walden from ‘‘aye’’ to ‘‘no.’’ Bass Dicks Horn Ney Schaffer Walsh Mr. CAMPBELL changed his vote Bateman Dingell Hostettler Northup Schakowsky Wamp Becerra Dixon Houghton Norwood Scott Waters from ‘‘no’’ to ‘‘aye.’’ Bentsen Doggett Hoyer Nussle Sensenbrenner Watkins So the amendment was rejected. Bereuter Dooley Hulshof Obey Serrano Watt (NC) The result of the vote was announced Berkley Doolittle Hunter Olver Sessions Watts (OK) Berman Doyle Hutchinson as above recorded. Ortiz Shadegg Weldon (FL) Berry Dreier Hyde Ose Shaw Weldon (PA) Stated against: Biggert Duncan Inslee Owens Shays Weller Mr. FOSSELLA. Mr. Chairman, I am not re- Bilbray Dunn Isakson Oxley Sherman Wexler Bilirakis Edwards Istook Packard Sherwood Weygand corded on rollcall No. 214, an amendment to Bishop Ehlers Jackson (IL) H.R. 4392. I was unavoidably detained and Pallone Shimkus Whitfield Blagojevich Ehrlich Jackson-Lee Pascrell Shows Wicker was not present to vote. Had I been present, Bliley Emerson (TX) Pastor Simpson Wilson I would have voted ``no'' on rollcall No. 214. Blumenauer Engel Jefferson Paul Sisisky Wolf Boehlert English Jenkins Payne Skeen Woolsey ANNOUNCEMENT BY THE CHAIRMAN PRO Boehner Eshoo John Pease Skelton Wu TEMPORE Bonilla Etheridge Johnson (CT) Pelosi Slaughter Wynn The CHAIRMAN pro tempore (Mr. Bonior Evans Johnson, E. B. Peterson (MN) Smith (MI) Young (FL) Bono Everett Johnson, Sam HUTCHINSON). Pursuant to House Reso- Peterson (PA) Smith (NJ) Borski Ewing Jones (NC) Petri Smith (TX) lution 506, the Chair announces that he Boswell Farr Jones (OH) will reduce to a minimum of 5 minutes Boucher Fattah Kanjorski NOES—1 the period of time within which a vote Boyd Filner Kaptur Shuster Brady (PA) Fletcher Kasich by electronic device will be taken on Brady (TX) Foley Kelly NOT VOTING—26 each amendment on which the Chair Brown (FL) Ford Kennedy Ackerman DeLay Rodriguez has postponed further proceedings. Burr Fossella Kildee Armey Forbes Scarborough Burton Fowler Kilpatrick AMENDMENT NO. 3 OFFERED BY MR. TRAFICANT Bachus Larson Stupak Buyer Frank (MA) Kind (WI) Barton Lazio Tiahrt The CHAIRMAN pro tempore. The Callahan Franks (NJ) King (NY) Blunt Martinez Waxman unfinished business is the demand for a Calvert Frelinghuysen Kingston Brown (OH) McCarthy (NY) Weiner recorded vote on Amendment No. 3 of- Camp Frost Kleczka Bryant McIntosh Wise Campbell Gallegly Klink Capuano Minge Young (AK) fered by the gentleman from Ohio (Mr. Canady Ganske Knollenberg Cooksey Oberstar TRAFICANT) on which further pro- Cannon Gejdenson Kolbe ceedings were postponed and on which Capps Gekas Kucinich b 1059 Cardin Gephardt Kuykendall the ayes prevailed by voice vote. Carson Gibbons LaFalce So the amendment was agreed to. The Clerk will redesignate the Castle Gilchrest LaHood The result of the vote was announced amendment. Chabot Gillmor Lampson as above recorded. Chambliss Gilman Lantos AMENDMENT NO. 4 OFFERED BY MR. TRAFICANT The text of the amendment is as fol- Chenoweth-Hage Gonzalez Largent lows: Clay Goode Latham The CHAIRMAN pro tempore (Mr. Amendment No. 3 offered by Mr. TRAFI- Clayton Goodlatte LaTourette EWING). The unfinished business is the CANT: Clement Goodling Leach demand for a recorded vote on amend- At the end of title III, insert the following Clyburn Gordon Lee Coble Goss Levin ment No. 4, offered by the gentleman new section (and conform the table of con- Coburn Graham Lewis (CA) from Ohio (Mr. TRAFICANT) on which tents accordingly): Collins Granger Lewis (GA) further proceedings were postponed and SEC. 306. UPDATE OF REPORT ON EFFECTS OF Combest Green (TX) Lewis (KY) on which the ayes prevailed by a voice FOREIGN ESPIONAGE ON UNITED Condit Green (WI) Linder STATES TRADE SECRETS Conyers Greenwood Lipinski vote. By not later than 270 days after the date of Cook Gutierrez LoBiondo The Clerk will redesignate the the enactment of this Act, the Director of Costello Gutknecht Lofgren amendment. Cox Hall (OH) Lowey The text of the amendment is as fol- Central Intelligence shall submit to Con- Coyne Hall (TX) Lucas (KY) gress a report that updates, and revises as Cramer Hansen Lucas (OK) lows: necessary, the report prepared by the Direc- Crane Hastings (FL) Luther Amendment No. 4 offered by Mr. TRAFI- tor pursuant to section 310 of the Intel- Crowley Hastings (WA) Maloney (CT) CANT:

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.001 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3537 At the end of the bill, add the following Maloney (CT) Petri Smith (TX) legislation (H.R. 4392) this morning, my vote new section: Maloney (NY) Phelps Smith (WA) Manzullo Pickering Snyder was not recorded on several rollcall votes. SEC. l. The Director shall report to the Markey Pickett Souder Had I been present, I would have voted House Permanent Select Committee on In- Mascara Pitts Spence ``aye'' on rollcall 214; I would have voted telligence within 60 days whether the poli- Matsui Pombo Spratt ``aye'' on rollcall vote 215; and I would have cies and goals of the People’s Republic of McCarthy (MO) Pomeroy Stabenow China constitute a threat to our national se- McCollum Porter Stark voted ``aye'' on rollcall vote 216. curity. McCrery Portman Stearns PERSONAL EXPLANATION McDermott Price (NC) Stenholm RECORDED VOTE Mr. MINGE. Mr. Chairman, on rollcall Nos. McGovern Pryce (OH) Strickland 214, 215, and 216, I was physically ill and un- The CHAIRMAN pro tempore. A re- McHugh Quinn Stump able to vote. Had I been present, I would have corded vote has been demanded. McInnis Radanovich Sununu McIntyre Rahall Sweeney voted ``aye'' on all said votes. A recorded vote was ordered. McKeon Ramstad Talent The CHAIRMAN pro tempore. If The CHAIRMAN pro tempore. This McKinney Rangel Tancredo there are no other amendments, the will be a 5-minute vote. McNulty Regula Tanner Meehan Reyes Tauscher question is on the committee amend- The vote was taken by electronic de- Meek (FL) Reynolds Tauzin ment in the nature of a substitute, as vice, and there were—ayes 404, noes 8, Meeks (NY) Riley Taylor (MS) amended. not voting 22, as follows: Menendez Rivers Taylor (NC) Metcalf Roemer Terry The committee amendment in the [Roll No. 216] Mica Rogan Thomas nature of a substitute, as amended, was AYES—404 Millender- Rogers Thompson (CA) agreed to. McDonald Rohrabacher Thompson (MS) The CHAIRMAN pro tempore. Under Abercrombie Crane Hansen Miller (FL) Ros-Lehtinen Thornberry Aderholt Crowley Hastings (FL) Miller, Gary Rothman Thune the rule, the Committee rises. Allen Cubin Hastings (WA) Miller, George Roukema Thurman Accordingly, the Committee rose; Andrews Cummings Hayes Mink Roybal-Allard Tierney and the Speaker pro tempore (Mr. Archer Cunningham Hayworth Moakley Royce Toomey SHIMKUS) having assumed the chair, Armey Danner Hefley Mollohan Rush Towns Baca Davis (FL) Herger Moore Ryan (WI) Traficant Mr. Ewing, Chairman pro tempore of Bachus Davis (IL) Hill (IN) Moran (KS) Ryun (KS) Turner the Committee of the Whole House on Baird Davis (VA) Hill (MT) Moran (VA) Sabo Udall (CO) the State of the Union, reported that Baker Deal Hilleary Morella Salmon Udall (NM) that Committee, having had under con- Baldacci DeFazio Hilliard Murtha Sanchez Upton Baldwin DeGette Hinchey Myrick Sanders Velazquez sideration the bill (H.R. 4392) to au- Ballenger Delahunt Hinojosa Nadler Sandlin Vento thorize appropriations for fiscal year Barcia DeLauro Hobson Napolitano Sanford Visclosky 2001 for intelligence and intelligence- Barr DeLay Hoeffel Neal Sawyer Vitter Barrett (NE) DeMint Hoekstra Nethercutt Saxton Walden related activities of the United States Barrett (WI) Deutsch Holden Ney Schaffer Walsh Government, the Community Manage- Bartlett Diaz-Balart Holt Northup Schakowsky Wamp ment Account, and the Central Intel- Bass Dickey Hooley Norwood Scott Waters ligence Agency Retirement and Dis- Bateman Dicks Horn Nussle Sensenbrenner Watkins Becerra Dingell Hostettler Obey Serrano Watts (OK) ability System, and for other purposes, Bentsen Dixon Hoyer Olver Sessions Weldon (FL) pursuant to House Resolution 506, he Berkley Doggett Hulshof Ortiz Shadegg Weldon (PA) reported the bill back to the House Berman Dooley Hunter Ose Shaw Weller Berry Doolittle Hutchinson Owens Shays Wexler with an amendment adopted by the Biggert Doyle Hyde Oxley Sherman Weygand Committee of the Whole. Bilbray Dreier Inslee Packard Sherwood Whitfield The SPEAKER pro tempore. Under Bilirakis Duncan Isakson Pallone Shimkus Wicker the rule, the previous question is or- Bishop Dunn Istook Pascrell Shows Wilson Blagojevich Edwards Jackson (IL) Pastor Simpson Wolf dered. Bliley Ehlers Jackson-Lee Paul Sisisky Woolsey Is a separate vote demanded on any Blumenauer Ehrlich (TX) Payne Skeen Wu amendment to the committee amend- Blunt Emerson Jefferson Pease Skelton Wynn ment in the nature of a substitute Boehlert Engel Jenkins Pelosi Slaughter Young (FL) Boehner English John Peterson (MN) Smith (MI) adopted by the Committee of the Bonilla Eshoo Johnson, E. B. Peterson (PA) Smith (NJ) Whole. If not, the question is on the Bonior Etheridge Johnson, Sam Bono Evans Jones (NC) NOES—8 amendment. The amendment was agreed to. Borski Everett Jones (OH) Bereuter Houghton Shuster Boswell Ewing Kanjorski Coyne Johnson (CT) Watt (NC) The SPEAKER pro tempore. The Boucher Farr Kaptur Frank (MA) Kolbe question is the engrossment and third Boyd Fattah Kasich NOT VOTING—22 reading of the bill. Brady (PA) Filner Kelly The bill was ordered to be engrossed Brady (TX) Fletcher Kennedy Ackerman Lazio Stupak Brown (FL) Foley Kildee Barton Martinez Tiahrt and read a third time, was read the Burr Ford Kilpatrick Brown (OH) McCarthy (NY) Waxman third time, and passed, and a motion to Burton Fossella Kind (WI) Bryant McIntosh Weiner reconsider was laid on the table. Buyer Fowler King (NY) Capuano Minge Wise f Callahan Franks (NJ) Kingston Cooksey Oberstar Young (AK) Calvert Frelinghuysen Kleczka Forbes Rodriguez AUTHORIZING THE CLERK TO Camp Frost Klink Larson Scarborough Campbell Gallegly Knollenberg MAKE CORRECTIONS IN EN- Canady Ganske Kucinich b 1107 GROSSMENT OF H.R. 4392, INTEL- Cannon Gejdenson Kuykendall Capps Gekas LaFalce So the amendment was agreed to. LIGENCE AUTHORIZATION ACT Cardin Gephardt LaHood The result of the vote was announced FOR FISCAL YEAR 2001 Carson Gibbons Lampson as above recorded. Mr. GOSS. Mr. Speaker, I ask unani- Castle Gilchrest Lantos PERSONAL EXPLANATION Chabot Gillmor Largent mous consent that in the engrossment Chambliss Gilman Latham Mr. TIAHRT. Mr. Chairman, I was unavoid- of the bill, H.R. 4392, the Clerk be au- Chenoweth-Hage Gonzalez LaTourette ably detained today and missed rollcall vote thorized to make such technical and Clay Goode Leach Nos. 214±216, Rollcall vote No. 214 was a Clayton Goodlatte Lee conforming changes as necessary to re- Clement Goodling Levin Roemer amendment to H.R. 4392, the Intel- flect the actions of the House. Clyburn Gordon Lewis (CA) ligence Authorization Act for Fiscal Year 2001; The SPEAKER pro tempore (Mr. Coble Goss Lewis (GA) rollcall vote Nos. 215 and 216 were Traficant EWING). Is there objection to the re- Coburn Graham Lewis (KY) amendments to H.R. 4392. Had I been Collins Granger Linder quest of the gentleman from Florida? Combest Green (TX) Lipinski present, I would have voted ``no'' on rollcall There was no objection. Condit Green (WI) LoBiondo vote number 214 and ``aye'' on rollcall votes f Conyers Greenwood Lofgren 215 and 216. Cook Gutierrez Lowey PERSONAL EXPLANATION GENERAL LEAVE Costello Gutknecht Lucas (KY) Cox Hall (OH) Lucas (OK) Mr. OBERSTAR. Mr. Chairman, during the Mr. GOSS. Mr. Speaker, I ask unani- Cramer Hall (TX) Luther consideration of the Intelligence Authorization mous consent that all Members may

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.007 pfrm06 PsN: H23PT1 H3538 CONGRESSIONAL RECORD — HOUSE May 23, 2000 have 5 legislative days within which to ing stations, water treatment facilities, res- ments of the water supply project during the revise and extend their remarks and in- ervoirs, and pipelines up to the point of de- period beginning on May 1 and ending on Oc- clude extraneous material on H.R. 4392, livery of water by the water supply system tober 31 of each year. the bill just considered and passed. to each member entity that distributes (b) QUALIFICATION TO USE PICK-SLOAN water at retail to individual users. POWER.—For operation during the period be- The SPEAKER pro tempore. Is there (6) SECRETARY.—The term ‘‘Secretary’’ objection to the request of the gen- ginning May 1 and ending October 31 of each means the Secretary of the Interior. year, for as long as the water supply system tleman from Florida? (7) WATER SUPPLY PROJECT.— operates on a not-for-profit basis, the por- There was no objection. (A) IN GENERAL.—The term ‘‘water supply tions of the water supply project constructed f project’’ means the physical components of with assistance under this title shall be eli- the Lewis and Clark Rural Water Project. gible to receive firm power from the Pick- ANNOUNCEMENT BY THE SPEAKER (B) INCLUSIONS.—The term ‘‘water supply Sloan Missouri Basin program established by PRO TEMPORE project’’ includes— section 9 of the Act of December 22, 1944 (i) necessary pumping, treatment, and dis- The SPEAKER pro tempore. Pursu- (chapter 665; 58 Stat. 887), popularly known tribution facilities; as the Flood Control Act of 1944. ant to the provisions of clause 8 of rule (ii) pipelines; XX, the Chair announces that he will (iii) appurtenant buildings and property SEC. 106. NO LIMITATION ON WATER PROJECTS IN STATES. postpone further proceedings today on rights; each motion to suspend the rules on (iv) electrical power transmission and dis- This title does not limit the authorization which a recorded vote or the yeas and tribution facilities necessary for services to for water projects in the States of South Da- nays are ordered, or on which the vote water systems facilities; and kota, Iowa, and Minnesota under law in ef- fect on or after the date of enactment of this is objected to under clause 6 of rule (v) such other pipelines, pumping plants, and facilities as the Secretary considers nec- Act. XX. essary and appropriate to meet the water SEC. 107. WATER RIGHTS. Any record votes on postponed ques- supply, economic, public health, and envi- Nothing in this title— tions will be taken after debate has ronment needs of the member entities (in- (1) invalidates or preempts State water law concluded on all motions to suspend cluding water storage tanks, water lines, and or an interstate compact governing water; other facilities for the member entities). the rules. (2) alters the rights of any State to any ap- (8) WATER SUPPLY SYSTEM.—The term f propriated share of the waters of any body of ‘‘water supply system’’ means the Lewis and surface or ground water, whether determined LEWIS AND CLARK RURAL WATER Clark Rural Water System, Inc., a nonprofit by past or future interstate compacts or by corporation established and operated sub- SYSTEM ACT OF 2000 past or future legislative or final judicial al- stantially in accordance with the feasibility locations; Mr. DOOLITTLE. Mr. Speaker, I study. move to suspend the rules and pass the (3) preempts or modifies any Federal or SEC. 103. FEDERAL ASSISTANCE FOR THE WATER State law, or interstate compact, governing bill (H.R. 297) to authorize the con- SUPPLY SYSTEM. struction of the Lewis and Clark Rural water quality or disposal; or (a) IN GENERAL.—The Secretary shall make (4) confers on any non-Federal entity the Water System and to authorize assist- grants to the water supply system for the ability to exercise any Federal right to the ance to the Lewis and Clark Rural planning and construction of the water sup- waters of any stream or to any ground water Water System, Inc., a nonprofit cor- ply project. resource. poration, for the planning and con- (b) SERVICE AREA.—The water supply sys- tem shall provide for the member entities SEC. 108. COST SHARING. struction of the water supply system, safe and adequate municipal, rural, and in- (a) FEDERAL COST SHARE.— and for other purposes, as amended. dustrial water supplies, mitigation of wet- (1) IN GENERAL.—Except as provided in The Clerk read as follows: land areas, and water conservation in— paragraph (2), the Secretary shall provide H.R. 297 (1) Lake County, McCook County, Minne- funds equal to 80 percent of— Be it enacted by the Senate and House of Rep- haha County, Turner County, Lincoln Coun- (A) the amount allocated in the total resentatives of the United States of America in ty, Clay County, and Union County, in project construction budget for planning and Congress assembled, southeastern South Dakota; construction of the water supply project (2) Rock County and Nobles County, in under section 103; and TITLE I—LEWIS AND CLARK RURAL southwestern Minnesota; and (B) such amounts as are necessary to de- WATER SYSTEM (3) Lyon County, Sioux County, Osceola fray increases in development costs reflected SEC. 101. SHORT TITLE. County, O’Brien County, Dickinson County, in appropriate engineering cost indices after This title may be cited as the ‘‘Lewis and and Clay County, in northwestern Iowa. September 1, 1993. Clark Rural Water System Act of 2000’’. (c) AMOUNT OF GRANTS.—Grants made (2) SIOUX FALLS.—The Secretary shall pro- SEC. 102. DEFINITIONS. available under subsection (a) to the water vide funds for the city of Sioux Falls, South In this title: supply system shall not exceed the amount Dakota, in an amount equal to 50 percent of (1) FEASIBILITY STUDY.—The term ‘‘feasi- of funds authorized under section 108. the incremental cost to the city of participa- bility study’’ means the study entitled ‘‘Fea- (d) LIMITATION ON AVAILABILITY OF CON- tion in the project. STRUCTION FUNDS.—The Secretary shall not sibility Level Evaluation of a Missouri River (b) NON-FEDERAL COST SHARE.— obligate funds for the construction of the Regional Water Supply for South Dakota, (1) IN GENERAL.—Except as provided in Iowa and Minnesota’’, dated September 1993, water supply project until— paragraph (2), the non-Federal share of the that includes a water conservation plan, en- (1) the requirements of the National Envi- costs allocated to the water supply system vironmental report, and environmental en- ronmental Policy Act of 1969 (42 U.S.C. 4321 shall be 20 percent of the amounts described hancement component. et seq.) are met; and in subsection (a)(1). (2) a final engineering report and a plan for (2) INCREMENTAL COST.—The term ‘‘incre- (2) SIOUX FALLS.—The non-Federal cost- mental cost’’ means the cost of the savings a water conservation program are prepared share for the city of Sioux Falls, South Da- to the project were the city of Sioux Falls and submitted to the Congress not less than kota, shall be 50 percent of the incremental not to participate in the water supply sys- 90 days before the commencement of con- cost to the city of participation in the tem. struction of the water supply project. project. (3) MEMBER ENTITY.—The term ‘‘member SEC. 104. MITIGATION OF FISH AND WILDLIFE SEC. 109. BUREAU OF RECLAMATION. entity’’ means a rural water system or mu- LOSSES. nicipality that meets the requirements for Mitigation for fish and wildlife losses in- (a) AUTHORIZATION.—At the request of the membership as defined by the Lewis and curred as a result of the construction and op- water supply system, the Secretary may Clark Rural Water System, Inc. bylaws, eration of the water supply project shall be allow the Commissioner of Reclamation to dated September 6, 1990. on an acre-for-acre basis, based on ecological provide project construction oversight to the (4) PROJECT CONSTRUCTION BUDGET.—The equivalency, concurrent with project con- water supply project for the service area of term ‘‘project construction budget’’ means struction, as provided in the feasibility the water supply system described in section the description of the total amount of funds study. 103(b). needed for the construction of the water sup- SEC. 105. USE OF PICK-SLOAN POWER. (b) PROJECT OVERSIGHT ADMINISTRATION.— ply project, as contained in the feasibility (a) IN GENERAL.—From power designated The amount of funds used by the Commis- study. for future irrigation and drainage pumping sioner of Reclamation for oversight de- (5) PUMPING AND INCIDENTAL OPERATIONAL for the Pick-Sloan Missouri Basin program, scribed in subsection (a) shall not exceed the REQUIREMENTS.—The term ‘‘pumping and in- the Western Area Power Administration amount that is equal to 1 percent of the cidental operational requirements’’ means shall make available, at the firm power rate, amount provided in the total project con- all power requirements that are necessary the capacity and energy required to meet the struction budget for the entire project con- for the operation of intake facilities, pump- pumping and incidental operational require- struction period.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.026 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3539 SEC. 110. PROJECT OWNERSHIP AND RESPONSI- the precise amount to be determined by the The Lewis and Clark Rural Water BILITY. Secretary through a cost allocation, to the System bears tremendous significance The water supply system shall retain title unpaid capital obligation of the City of Rose- to the States that eventually will be to all project facilities during and after con- ville, California (in this section referred to served by the delivery of water from an struction, and shall be responsible for all op- as the ‘‘City’’), as such obligation is cal- eration, maintenance, repair, and rehabilita- culated in accordance with applicable Fed- aquifer near the Missouri River at tion costs of the project. eral reclamation law and Central Valley Vermillion, South Dakota. My con- SEC. 111. AUTHORIZATION OF APPROPRIATIONS. Project rate setting policy, in recognition of stituents have expressed the signifi- There is authorized to be appropriated to future benefits to be accrued by the United cance of this project in no uncertain carry out this title $213,887,700, to remain States as a result of the City’s purchase and terms to me; and, as a result, H.R. 297 available until expended. funding of the installation of additional was the first bill that I introduced this TITLE II—SLY PARK UNIT CONVEYANCE pumping plant facilities in accordance with Congress and has been one of my top SEC. 201. DEFINITIONS. a letter of agreement with the United States legislative priorities since serving in For the purpose of this title, the term— numbered 5–07–20–X0331 and dated January Congress. (1) ‘‘Secretary’’ means the Secretary of the 26, 1995. The Secretary shall simultaneously I would also like to thank the gen- add an equivalent amount of costs to the Interior; tleman from Minnesota (Mr. MINGE), (2) ‘‘Sly Park Unit’’ means the Sly Park capital costs of the Central Valley Project, and such added costs shall be reimbursed in the cosponsor of this legislation, and Dam and Reservoir, Camp Creek Diversion the gentleman from Iowa (Mr. Dam and Tunnel, and conduits and canals as accordance with reclamation law and policy. authorized under the American River Act of (b) EFFECTIVE DATE.—The credit under sub- LATHAM), both of whose districts will October 14, 1949 (63 Stat. 853), including those section (a) shall take effect upon the date on be served by this water project. used to convey, treat, and store water deliv- which— I would also like to thank the gen- ered from Sly Park, as well as all recreation (1) the City and the Secretary of the Inte- tleman from California (Chairman DOO- facilities thereto; and rior have agreed that the installation of the LITTLE); the gentleman from Alaska facilities referred to in subsection (a) has (3) ‘‘District’’ means the El Dorado Irriga- (Chairman YOUNG); the Speaker; the tion District. been completed in accordance with the terms majority leader; the majority whip; the and conditions of the letter of agreement re- SEC. 202. TRANSFER OF SLY PARK UNIT. ferred to in subsection (a); and gentleman from California (Mr. (a) IN GENERAL.—The Secretary shall, as (2) the Secretary of the Interior has issued GEORGE MILLER), the ranking member; soon as practicable after date of the enact- a determination that such facilities are fully and the staffs of those committees and ment of this Act and in accordance with all operative as intended. the leadership staff, particularly Tom applicable law, transfer all right, title, and interest in and to the Sly Park Unit to the The SPEAKER pro tempore. Pursu- Pyle in the House majority whip’s of- District. ant to the rule, the gentleman from fice; and the gentleman on my staff, (b) SALE PRICE.—The Secretary is author- California (Mr. DOOLITTLE) and the Jafar Karim, for the hard work that ized to receive from the District $2,000,000 to gentleman from California (Mr. they have put in making this bill be- relieve payment obligations and extinguish GEORGE MILLER) each will control 20 come a reality. the debt under contract number 14–06–200– I would also like to recognize, Mr. 949IR2, and $9,500,000 to relieve payment obli- minutes. The Chair recognizes the gentleman Speaker, the project sponsors, those gations and extinguish all debts associated community leaders, the Lewis and from California (Mr. DOOLITTLE). with contracts numbered 14–06–200–7734, as Clark Rural Water System, who have amended by contracts numbered 14–06–200– b 1115 4282A and 14–06–200–8536A. Notwithstanding fought hard and been so persistent in the preceding sentence, the District shall Mr. DOOLITTLE. Mr. Speaker, I moving this project forward. continue to make payments required by sec- yield myself such time as I may con- It has been a long process. This bill tion 3407(c) of Public Law 102–575 through sume. was introduced back in 1994. It has year 2029. Mr. Speaker, the gentleman from been refined and reworked to where we (c) CREDIT REVENUE TO PROJECT REPAY- South Dakota (Mr. THUNE) introduced are today. MENT.—Upon payment authorized under sub- Let me just very briefly state why I section (b), the amount paid shall be credited H.R. 297, the Lewis and Clark Rural Water System at the beginning of this believe it is so important and why this toward repayment of capital costs of the is important that this bill move at this 106th Congress. The legislation is de- Central Valley Project in an amount equal time. First off, this helps fulfill prom- to the associated undiscounted obligation. signed to provide replacement or sup- ises made by the Federal Government SEC. 203. FUTURE BENEFITS. plemental water supplies in the Mis- to South Dakota in the Flood Control Upon payment, the Sly Park Unit shall no souri River, the portions of South Da- Act of 1944, wherein South Dakota gave longer be a Federal reclamation project or a kota, Iowa, and Minnesota, serving in up over half a million acres of prime unit of the Central Valley Project, and the total about 180,000 people, of which ap- bottom land in exchange for irrigation District shall not be entitled to receive any proximately 150,000 people reside in further reclamation benefits. benefits and other benefits, many of Sioux Falls metropolitan area. SEC. 204. LIABILITY. which never materialized. Except as otherwise provided by law, effec- The estimated cost of the project is Secondly, the legislation authorizes tive on the date of conveyance of the Sly $283 million in 1993 dollars with a 10 construction of a water system that, Park Unit under this title, the United States percent State share and 10 percent when built, will meet critical water shall not be liable for damages of any kind local cost share based on the willing- needs of 22 communities in South Da- arising out of any act, omission, or occur- ness-to-pay analysis. kota, Iowa, and Minnesota. Over 180,000 rence based on its prior ownership or oper- We have been working with the gen- ation of the conveyed property. people will be served with clean drink- tleman from South Dakota (Mr. ing water. TITLE III—TREATMENT OF PROJECT THUNE) on a number of the issues. As Mr. Speaker, this legislation is im- COSTS FOR SLY PARK UNIT currently presented, the bill addresses portant because this is a health issue. SEC. 301. TREATMENT OF PROJECT COSTS. several other issues of concern to the This is a safety issue, and this is an To the extent costs associated with the Sly gentleman from California (Mr. Park Unit are included as a reimbursable economic development issue for these cost of the Central Valley Project, the Sec- GEORGE MILLER) and me. communities. retary is authorized to exclude such costs in Mr. Speaker, I yield 5 minutes to the Finally, it is important, Mr. Speaker, excess of those repaid by the Sly Park Unit gentleman from South Dakota (Mr. that we do this now because of the beneficiaries from the pooled reimbursable THUNE), the author of the bill, to more growing sense of urgency when it costs of the Central Valley Project until fully explain his legislation. comes to the water needs of this area such time as the facility is operationally in- Mr. THUNE. Mr. Speaker, I do appre- and because this legislation has been tegrated into the water supply yield of the ciate the opportunity to speak on this around and been refined and reworked Central Valley Project. bill, which is so important to my State over four sessions of Congress. The TITLE IV—CITY OF ROSEVILLE PUMPING of South Dakota. H.R. 297 would au- time for action is now. PLANT FACILITIES thorize appropriations for construction I want to express my appreciation to SEC. 401. CREDIT FOR INSTALLATION OF ADDI- of the Lewis and Clark Rural Water those who have helped us bring it to TIONAL PUMPING PLANT FACILITIES IN ACCORDANCE WITH AGREEMENT. System which, when complete, will this point and the opportunity to move (a) IN GENERAL.—The Secretary of the In- supply water to 22 communities in this legislation forward, and so I en- terior shall credit an amount up to $1,164,600, South Dakota, Iowa, and Minnesota. courage all my colleagues to support

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.010 pfrm06 PsN: H23PT1 H3540 CONGRESSIONAL RECORD — HOUSE May 23, 2000 the legislation; and on behalf of the from the water level uncertainties associated named the islands ‘‘L’Archipel des people of South Dakota, I thank my with shallow aquifers in the future. That cer- Navigateurs,’’ and for generations thereafter the colleagues. tainty not only lends peace of mind to local entire Samoan island group was known to the Western World as the ‘‘Navigator Islands’’; Mr. GEORGE MILLER of California. citizens, but is also crucial to the area's eco- Whereas in 1787, Frenchman Jean Francois Mr. Speaker, I yield myself such time nomic development plans. The business cli- La Perouse landed on the shores of these islands as I may consume. mate cannot flourish when the water supply is and thus began the ‘‘opening’’ of Samoa to the Mr. Speaker, I rise in support of the questionable. West, with American whalers as the principal committee amendment to H.R. 297, the The Senate has already passed legislation group to engage the people of Samoa in trade bill to authorize the Lewis and Clark authorizing the Lewis and Clark Rural Water and commerce, followed from 1830 on by English Rural Water System. missionaries; System Act. Time is of the essence for this Whereas in 1839, as part of a congressionally The Lewis and Clark Rural Water project and it is my hope that any differences authorized trip to the Pacific, United States System is designed to provide replace- with the Senate can be quickly resolved. Navy commander Charles Wilkes visited the is- ment or supplemental water supplies Mr. Speaker, I again ask my colleagues to land of Tutuila and later reported favorably in from the Missouri River to areas in support H.R. 297. support of establishing a structured relationship southeastern South Dakota, north- Mr. GEORGE MILLER of California. between the island and the United States; western Iowa, and southwestern Min- Mr. Speaker, I yield back the balance Whereas on March 2, 1872, Richard Meade, nesota serving up to about 180,000 peo- commander of the U.S.S. Narragansett, visited of my time. Pago Pago, and, on his own responsibility, ple. Mr. DOOLITTLE. Mr. Speaker, I urge made an agreement with High Chief Mauga en- This region has seen substantial passage of the bill, and I yield back the titled ‘‘Commercial Regulations, etc.,’’ which growth and development in recent balance of my time. was submitted to, but never ratified by, the Sen- years, and we know that future water The SPEAKER pro tempore (Mr. ate; needs in the area will be significantly EWING). The question is on the motion Whereas on February 13, 1878, a ‘‘treaty of greater than the current available sup- friendship and commerce with the people of offered by the gentleman from Cali- Samoa’’ was proclaimed ratified; ply. Many residents in the project area fornia (Mr. DOOLITTLE) that the House Whereas on June 14, 1889, a treaty known as have water of such poor quality it does suspend the rules and pass the bill, the General Act of 1889, between the United not meet present or proposed standards H.R. 297, as amended. States, Germany, and Great Britain, and as- for drinking water. Many communities The question was taken. sented to by the Samoan Government, ‘‘to pro- rely on shallow aquifers as the primary Mr. GEORGE MILLER of California. vide for the security of the life, property and source of drinking water, aquifers Mr. Speaker, on that I demand the yeas trade of the citizens and subjects of their respec- which are very vulnerable to contami- tive Governments residing in, or having commer- and nays. cial relations with the Islands of Samoa,’’ was nation by surface activities, including The yeas and nays were ordered. concluded and later ratified; large hog farms. Why do we not clean The SPEAKER pro tempore. Pursu- Whereas on December 2, 1899, a tripartite trea- up the hog farms? ant to clause 8 of rule XX and the ty between the United States, Germany, and Lewis and Clark Rural Water System Chair’s prior announcement, further Great Britain, which provided for the division of will provide a reliable source for sup- proceedings on this motion will be the several islands of Samoa, was signed by the plemental drinking water. I urge my postponed. three parties in Washington, D.C.; colleagues to support the authorization Whereas on April 17, 1900, by treaty of ces- f sion, the traditional chiefs of the South Pacific of this project with a ‘‘yes’’ vote on Islands of Tutuila and Aunu’u agreed to become H.R. 297. GENERAL LEAVE a part of the United States in return for protec- Mr. Speaker, the committee amend- Mr. DOOLITTLE. Mr. Speaker, I ask tion of their land and culture, and the United ment includes several additional provi- unanimous consent that all Members States flag was raised on what is now known as sions affecting water resource activi- may have 5 legislative days within the United States Territory of American Samoa; Whereas on July 14, 1904, by treaty of cession, ties of the Bureau of Reclamation in which to revise and extend their re- Northern California. I have no objec- His Majesty the King of Manu’a and his tradi- marks and include extraneous material tional chiefs from the Islands of Ta’u, Ofu, and tion to these provisions. on H.R. 297, as amended. Olosega, agreed to become part of the United In fact, I want to thank the com- The SPEAKER pro tempore. Is there States in return for the protection of their land mittee for including title 3, the ‘‘Treat- objection to the request of the gen- and culture; ment of Project Costs For Sly Park tleman from California? Whereas since that time, the residents of Unit,’’ which will provide for the Sec- There was no objection. American Samoa have been proud of their affili- retary to exclude these costs in excess ation with this great Nation and have dem- f to be repaid by the Sly Park Unit bene- onstrated their loyalty and patriotism in count- less ways; ficiaries from the pooled reimbursable SENSE OF HOUSE REGARDING Whereas April 17 is known as Flag Day in costs of the Central Valley Project RAISING OF UNITED STATES American Samoa and is the biggest holiday in until such time as the facilities are in- FLAG IN AMERICAN SAMOA the territory, and is celebrated not only in tegrated into the water supply yield to Mr. DOOLITTLE. Mr. Speaker, I American Samoa, but throughout the United the Central Valley project. move to suspend the rules and agree to States wherever there is a sizable Samoan com- This will provide a correction of an munity; the resolution (H. Res. 443), expressing Whereas American Samoans in Hawaii, Cali- inadvertent oversight that could prove the sense of the House of Representa- costly to a number of urban water dis- fornia, Nevada, Utah, Alaska, Washington, and tives with regard to the centennial of other parts of the United States pause each year tricts in California. I think that this is the raising of the United States flag in on this important date to celebrate this monu- a proper resolution of this issue. American Samoa, as amended. mental occasion in American Samoa’s history; Mr. MINGE. Mr. Speaker, I rise today to The Clerk read as follows: Whereas the per capita rate of enlistment in urge my colleagues to support H.R. 297, the the Armed Forces among American Samoans is H. RES. 443 Lewis and Clark Rural Water System Act, among the highest in the United States, with which has been reported out of the House Whereas the people of American Samoa have hundreds of American Samoans enlisting annu- inhabited Tutuila and the Manu’a Islands for ally; Committee on Resources. at least 3,000 years and developed a unique and Whereas for decades American Samoa served The Lewis and Clark Rural Water System autonomous seafaring and agrarian culture, as a Naval coaling station for United States Act will serve a number of communities in governing themselves through their own form of ships in the Pacific, providing the Nation with Minnesota, Iowa and South Dakota. Currently government; what is commonly referred to as the best deep- these communities are served by shallow Whereas in 1722, Dutch explorer Jacob water harbor in the entire Pacific—a harbor aquifers that are vulnerable to contamination. Roggeveen became the first European to sight— where American ships are protected from severe Many of these towns have tried repeatedly to but not land on—the shores of the Samoan Is- and sudden tropical storms by natural, high, dig new wells. Unfortunately, they have had lit- lands, islands which remained isolated for an- sloping mountains—a harbor which, in the Na- other 46 years because Roggeveen miscalculated tion’s youth, served as a critical and crucial re- tle luck. their location; fueling and replenishing port for military and The area that would be served by H.R. 297 Whereas in 1768, French explorer Louis commercial interests, enabling the United States is currently experiencing a drought with no im- Antoine de Bougainville, the second European to pursue its foreign and commercial policies, mediate relief in sight. This bill will not allevi- to sight the Samoan islands, became so im- logistically unrestrained, throughout the Asian ate the current crisis but protect the region pressed with the sailing skills of the natives he Pacific region;

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\CR\FM\K23MY7.029 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3541 Whereas during World War II, American (Mr. FALEOMAVAEGA asked and the islands of Hawaii using no modern Samoa was the staging point for 30,000 United was given permission to revise and ex- navigational equipment. We were guid- States Marines involved in the Pacific theater, tend his remarks.) ed only by the winds and the seas and with American Samoans serving both as hosts Mr. FALEOMAVAEGA. Mr. Speaker, and as fellow soldiers to these Marines via the the stars. We ate the fruits of the sea revered Fita Fita Guard; I thank the gentleman from California and drank what the good Lord provided Whereas American Samoa was the first land (Mr. DOOLITTLE) for his management of through rain. astronauts from numerous Apollo missions came this legislation. Mr. Speaker, April 17, Today, Mr. Speaker, the experts have to upon returning to Earth—including astro- 2000 marked the 100th anniversary of reconsidered and Polynesia is once nauts from Apollo 10, Apollo 12, Apollo 13, Apol- the first raising of the U.S. flag in the again experiencing a renewal of culture lo 14, and Apollo 17; territory that has since become known and tradition. You might be interested Whereas American Samoa produces more Na- tional Football League players per capita than as American Samoa. As best we can de- in knowing that the first real links be- any other State or territory of the United States, termine, it was some 3,000 years ago tween Samoa and the United States with approximately 15 Samoans currently play- that my ancestors first set foot on the began as early as 1839, when, as part of ing professionally; Samoan Islands. As you know, Polyne- a congressionally authorized trip, a Whereas April 17, 2000, will mark the 100th sian navigators did not use satellite U.S. Naval lieutenant by the name of anniversary of American Samoa joining in polit- navigation, or even sextants to guide Charles Wilkes visited the island of ical, military, and economic union with the them. United States; Tutuila and later reported favorably in Whereas local government leaders in Amer- They found their way across the vast support of an establishment of a struc- ican Samoa have been preparing for this centen- Pacific by following the stars, the tured relationship between the islands nial celebration for the last three years; and winds, and the seas. In 1768, the French of Tutuila and the United States. Whereas although 100 years have elapsed explorer by the name of Louis Antoine It was 39 years later before a treaty since the formation of this mutually beneficial de Bougainville, the second European of friendship and commerce with the relationship, American Samoans today—as did to sight the Samoan Islands, became so their forebears in 1900—remain deeply thankful people of Samoa was proclaimed rati- and appreciative of the benefits they have re- impressed with the sailing skills of the fied. For the next 20 years, there were ceived and continue to receive as a result of the Samoans that he named the islands disagreements between the United unique relationship American Samoa shares L’Archipel des Navigateurs. For gen- States, Germany, and Great Britain with this great Republic, and they are proud erations thereafter, the entire Samoan over the administration of the Samoa that in return for the benefits received under Island group was known to the Western Islands. The three countries tried a this relationship, they actively contribute eco- world as the ‘‘Navigator Islands.’’ condominium approach of administra- nomically, militarily, and culturally to the Captain Cook once made the remark tions set forth in the treaty known as health and well-being of this great Nation: Now, that he had never been more impressed therefore, be it the General Act of 1889, but the effort Resolved, That the House of with the fact that from as far North as failed miserably. Representatives— the Hawaiian Islands, and as far south In December 1899, a tripartite treaty (1) recognizes the historical significance of as Aotearoa, New Zealand, and as far between these same three countries di- the centennial of the raising of the American East as Rapa Nui or the Easter Islands vided the several islands of Samoa and flag over the United States Territory of that the settlements were made by the agreement was signed in Wash- American Samoa; Polynesians. I might also note, Mr. ington, D.C. Four months later, on (2) acknowledges 100 years of American Sa- Speaker, with all due respect, Colum- April 17, 1900, by treaty of cession, the moa’s loyalty and service to the United bus got lost trying to find the new States; and traditional chiefs of the islands of (3) reaffirms its commitment to the United world and mistakenly named the na- Tutuila and Aunu’u agreed to become a States citizens and nationals of American tive inhabitants of the Islands of the part of the United States in return for Samoa for improved self-governance, eco- Caribbeans as Indians, because he protection of their land and culture, nomic development, and the expansion of do- thought he landed in India. At the time and the United States flag was raised mestic commerce, consistent with the de- of Columbus, we were transversing the on what is now known as the United sires of the people of American Samoa. islands of Oceania—islands that are States Territory of American Samoa. The SPEAKER pro tempore. Pursu- thousands of miles apart but that form b ant to the rule, the gentleman from the base of our culture and our tradi- 1130 California (Mr. DOOLITTLE) and the tions. In 1904, again by treaty of cession, gentleman from American Samoa (Mr. We had to be good navigators, Mr. His Majesty, the King of Manu’a, and FALEOMAVAEGA) each will control 20 Speaker, because Samoa is truly in the his traditional chiefs from the islands minutes. middle of the South Pacific Ocean. It is of Ta’u, Ofu, and Olosega agreed to be- The Chair recognizes the gentleman so remote that Europeans did not sight come part of the United States in re- from California (Mr. DOOLITTLE). the islands until 1722. It is said that the turn for the protection of their land Mr. DOOLITTLE. Mr. Speaker, I Dutch explorer, Jacob Roggeveen, first and their culture. yield myself such time as I may con- sighted the Samoan Islands. I note The United States has honored its sume. here, Mr. Speaker, he did not discover end of these agreements, and the Sa- Mr. Speaker, I urge my colleagues to the islands. He just sighted the islands moan culture remains vibrant and support the resolution offered by the because we were there already. Iron- strong in Samoa today. The United gentleman from American Samoa (Mr. ically, though, he miscalculated the lo- States has also protected the territory FALEOMAVAEGA), which commemorates cation of the islands and they were not from foreign invasion when it was the centennial of the raising of the seen by another European for another threatened in World War II. In fact, United States flag over our South Pa- 40 years. Even still, the experts did not Samoa was a major staging area during cific territory. The resolution also me- believe it was possible for my ancestors World War II for U.S. troops. morializes the long-term United Samoans have also been active par- States-American Samoa relationship to sail the great distances needed to ticipants in this U.S.-Samoan relation- and reaffirms the United States sup- travel between Samoa, the islands of ship. In the early years of the relation- port for improved self-governance and Tahiti, the islands of Tonga, and the is- economic self-sufficiency. lands of Hawaii. But, as so often hap- ship, American Samoa served as a The people of American Samoa have pens, the experts were proven wrong. naval coaling station for the United been loyal to the United States for the In 1987, Mr. Speaker, I played a small States ships in the Pacific. For dec- past century. I believe this resolution part in demonstrating how my ances- ades, American Samoa served as a crit- is one way to recognize their con- tors traveled between the island groups ical refueling and replenishing fort for sistent loyalty, and I urge all Members when I sailed on the voyaging canoe military and commercial interests, en- to approve the resolution. Hokule’a. Our navigator for this voy- abling the United States to pursue its Mr. Speaker, I reserve the balance of age was a native Hawaiian by the name international and commercial policies. my time. of Nainoa Thompson, probably our first During World War II, when foreign Mr. FALEOMAVAEGA. Mr. Speaker, Polynesia navigator in about 300 to 400 powers were aggressively expanding I yield myself such time as I may con- years. Mr. Speaker, he led us spheres of influence in the Pacific, sume. unerringly from French Polynesia to American Samoa was a staging area for

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.014 pfrm06 PsN: H23PT1 H3542 CONGRESSIONAL RECORD — HOUSE May 23, 2000 some 30,000 Marines, and American I support the passage of this resolu- this anniversary with the people of American Samoans served also as fellow Marines tion, which expresses the sense of the Samoa. Through a treaty of cession, American during World War II. To this day, I con- House on the occasion of American Sa- Samoa was brought into the American family tinue to receive warm letters from moa’s centennial celebration of the and has remained a valuable asset to this na- World War II veterans trying to look raising of the U.S. flag in their terri- tion. Their service, sacrifice, and contribution up a Samoan friend from that period tory. I am delighted to be a cosponsor, to the continuing experiment of democracy is and reminiscing about the warm wel- and I know many of our colleagues ex- to be commended. In turn, our nation con- come Samoans provided for them. press their support for this resolution. tinues to assist the development of their econ- American Samoans not only partici- Mr. Speaker, I want to thank the omy while always being mindful of the impor- pated in World War II, but in every gentleman for all of the work that he tance of tradition and culture to their people. other conflict the United States has does in the Congress, not just on behalf American Samoan society of years past re- been involved in since World War I, of the people of American Samoa and mains, much as it is today, with the leadership with enlistment rates as high as any this resolution and so many other ac- and affairs of the island and people entrusted State or territory in our Nation. tivities that he has engaged in, but he to elders and high chiefs. They are the politi- Our remote location has at times, also shoulders a large responsibility in cians and the negotiators for the people. The even in recent decades, been of value to our Committee on Resources, both on our Nation. Before the space shuttle, respect and trust accorded to their elders is an many, many Native American issues aspect of their culture that has stood the test astronauts from Apollo 10, 12, 13, 14, and on our public lands issues, and I and 17 all first set foot on soil in Amer- of time. Despite the influence of western- thank him for bringing this resolution ization, the wisdom and leadership of their el- ican Samoa before returning home. Our to the floor. clean air has even been beneficial to ders has kept their culture, traditions, and lan- Mr. Speaker, today I rise to greet the people guage intact. our Nation. NASA has conducted laser of American Samoa with a warm Talofa and As members of our American family, men tests between Earth and the moon from offer my support for the passage of H. Res. and women of American Samoa have served American Samoa, and the National 443 which expresses the sense of the House in our military, contributed to the cultural diver- Weather Service maintains in Amer- of Representatives on the occasion of Amer- sity of our American community, and they con- ican Samoa one of four stations in the ican Samoa's centennial celebration of raising tinue to play a part in the political discourse of world used to establish how clean air the U.S. flag in their territory. I am delighted our nation. As much as American Samoa has really can be. to be a cosponsor to this resolution and con- Culturally, our songs and dances are enjoyed its relationship with the U.S., we gratulate people of American Samoa on their known throughout the United States, should be equally grateful for their participa- continuing relationship with the United States. and our local artists are developing One hundred years ago, the flag of the tion in our democracy. Surely, America would their own following. Athletically, I feel United States of America was raised on the not be who she is today without the contribu- we are up to the best. With a popu- South Pacific Islands of Tutuila and Aunu'u, tions made from the people of American lation of only 64,000 people, there are what is now widely known as American Samoa. approximately 16 Samoans playing pro- Samoa. It was an act of friendship and under- It is an honor and a personal privilege to fessional football in the United States. standing on behalf of the traditional chiefs of join the people of American Samoa in their I see a growing number of talented those islands that a new relationship with centennial celebration and I commend them teenagers, boys and girls, becoming America would be beneficial for their people. for their demonstrated patriotism throughout successfully diverse in a number of For America, the sentiment was mutual. the past one hundred years. sports throughout our country. The warmth and charm of American Samoa I encourage full support from my colleagues Over the last 100 years, American was not first witnessed however by Ameri- for the passage of H. Res. 443. Samoa has moved from a decentralized form of government. Now we have an cans. Archeologists estimate that the settle- Mr. FALEOMAVAEGA. Mr. Speaker, elected governor and a congressional ment of the islands that comprise American I yield 2 minutes to the gentleman representative in this great body. Samoa occurred six hundred years before from New York (Mr. GILMAN), the House Resolution 443 recounts the Christ. And for the next three thousand years, chairman of the House Committee on history of American Samoa’s historical the inhabitants became stewards of the land International Relations, and I thank relationship with our Nation. Mr. and masters of the seas. In 1768, a French the gentleman from California (Mr. Speaker, I want to thank the Chairman explorer was so impressed with the sailing GEORGE MILLER) for his kind com- of the Committee on Resources, the skills of the natives that he named the islands ments. gentleman from Alaska (Mr. YOUNG), ``L'Archipel des Navigateurs'' or the Navigator (Mr. GILMAN asked and was given and the senior democrat on the com- Islands. permission to revise and extend his re- mittee, the gentleman from California In 1785, French navigator Jean Francois La marks.) Perouse commanded an expedition to explore (Mr. GEORGE MILLER), for their support Mr. GILMAN. Mr. Speaker, I thank the Pacific. Two years later, in 1787, he land- on this legislation and all those col- the gentleman from American Samoa ed on the shores of the northern coast of leagues who agreed to be cosponsors. for yielding me this time, and I am Tutuila. This is the first recorded landing of Samoans are a proud people, and pleased to rise in support of the gentle- foreigners on the islands of American Samoa. American Samoans are very proud to man’s resolution celebrating the inde- This encounter marked the ``opening up'' of be part of the United States. We hope pendence of American Samoa and the American Samoa to the outside world and we have given to our Nation as much raising of the flag, the American flag, they became regular stops along trade routes as we have received. The resolution we over 100 years ago. are considering today recognizes that of whale products, sandalwood, and beche-de- American Samoa has been an impor- unique 100-year relationship between mer to China. the two parties. I am honored to be In 1839, the U.S. began to formally ac- tant outpost for our Nation in many American Samoa’s representative here knowledge the need for a relationship with the ways. Too often we forget about our in the House of Representatives, and I islands of Samoa. Recommendations from Pacific friends as we concentrate on urge my colleagues to support this res- Navy Commander Charles Wilkes, who visited some of the European problems and olution. Samoa, to have a structured relationship with some of the problems in other parts of Mr. Speaker, I yield 1 minute to the Samoa gave rise to increased visits from the the world. The gentleman from Amer- gentleman from California (Mr. U.S. military. Eventually, in 1878, a ``treaty of ican Samoa (Mr. FALEOMAVAEGA) GEORGE MILLER). friendship and commerce'' with the people of hosted our congressional delegation (Mr. GEORGE MILLER of California Samoa was ratified by the U.S. Senate. Thus, not too long ago when we all visited, asked and was given permission to re- the beginnings of America's connection with and we had a very warm visit to Amer- vise and extend his remarks.) the people of Samoa were rooted in peace, ican Samoa, my first visit, and he Mr. GEORGE MILLER of California. friendship, and an interest towards improving helped to educate a number of our Con- Mr. Speaker, I want to thank my col- their economy. gressmen with regard to the impor- league for yielding me this time, and I One hundred years ago, on April 17, 1900, tance of American Samoa. join with my colleagues in congratu- this relationship deepened. It is why we are on So I am pleased to join with the gen- lating the people of American Samoa. this floor todayÐto recognize and celebrate tleman in his resolution, Mr. Speaker.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.034 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3543 Mr. FALEOMAVAEGA. Mr. Speaker, The SPEAKER pro tempore. The suant to section 3 under such regulations as I certainly would like to thank my col- question is on the motion offered by the Secretary may prescribe, and at a price league, the gentleman from New York, the gentleman from California (Mr. sufficient to cover the costs thereof, includ- ing labor, materials, dies, use of machinery, for his kind comments. DOOLITTLE) that the House suspend the rules and agree to the resolution, overhead expenses, and the cost of the gold Mr. Speaker, I have no further re- medal. quests for time, and I yield back the House Resolution 443, as amended. SEC. 5. NATIONAL MEDALS. balance of my time. The question was taken. Mr. GEORGE MILLER of California. The medals struck pursuant to this Act are GENERAL LEAVE national medals for purposes of chapter 51 of Mr. DOOLITTLE. Mr. Speaker, I ask Mr. Speaker, on that I demand the yeas title 31, United States Code. and nays. unanimous consent that all Members SEC. 6. AUTHORIZATION OF APPROPRIATIONS; The yeas and nays were ordered. may have 5 legislative days in which to PROCEEDS OF SALE. The SPEAKER pro tempore. Pursu- (a) AUTHORIZATION OF APPROPRIATIONS.— revise and extend their remarks and to ant to clause 8 of rule XX and the include extraneous material on H. Res. There is hereby authorized to be charged Chair’s prior announcement, further against the Numismatic Public Enterprise 443. proceedings on this motion will be Fund an amount not to exceed $30,000 to pay The SPEAKER pro tempore (Mr. postponed. for the cost of the medal authorized by this EWING). Is there objection to the re- f Act. quest of the gentleman from Cali- (b) PROCEEDS OF SALE.—Amounts received fornia? POPE JOHN PAUL II CONGRES- from the sales of duplicate bronze medals There was no objection. SIONAL GOLD MEDAL ACT under section 4 shall be deposited in the Nu- mismatic Public Enterprise Fund. Mr. GILMAN. Mr. Speaker, permit me to Mr. LEACH. Mr. Speaker, I move to take this opportunity to express my thanks to suspend the rules and pass the bill The SPEAKER pro tempore. Pursu- the gentleman from Alaska, Chairman DON (H.R. 3544) to authorize a gold medal to ant to the rule, the gentleman from YOUNG, and the gentleman from American be awarded on behalf of the Congress to Iowa (Mr. LEACH) and the gentleman Samoa, Mr. FALEOMAVAEGA, for bringing H. Pope John Paul II in recognition of his from Minnesota (Mr. VENTO) each will Res. 443, the Centennial Raising of the Amer- many and enduring contributions to control 20 minutes. ican Flag in American Samoa, to the floor of peace and religious understanding, and The Chair recognizes the gentleman the House of Representatives today. for other purposes, as amended. from Iowa (Mr. LEACH). The United States first made contact with The Clerk read as follows: Mr. LEACH. Mr. Speaker, I yield my- the Samoan Islands in 1839 as a part of a H.R. 3544 self such time as I may consume. congressionally authorized naval expedition to Be it enacted by the Senate and House of Rep- Mr. Speaker, on rare occasions Con- the South Pacific, led by Commander Charles resentatives of the United States of America in gress awards the Congressional Gold Wilkes. From this expedition a number of Congress assembled, Medal to persons who have contributed agreements and treaties were formed that re- SECTION 1. SHORT TITLE. significantly to making the world more sulted in President McKinley issuing an execu- This Act may be cited as the ‘‘Pope John humane. This bill authorizes that such Paul II Congressional Gold Medal Act’’. tive order on February 19, 1900 placing the a medal be struck for the Pope. SEC. 2. FINDINGS. John Paul II’s dedication of his Pon- Eastern Group of Samoan Islands under the The Congress finds that Pope John Paul control of the Department of the Navy, estab- II— tificate to the freedom and dignity of lishing the authority of the United States to (1) is the spiritual leader of more than one every individual human being, his use give the islands protection. billion Catholic Christians around the world of moral authority to hasten the fall of On April 17, 1900 the leaders of the Islands and millions of Catholic Christians in Amer- totalitarian regimes, his efforts to rec- of Tutuila and Anunu'u signed instruments of ica and has led the Catholic Church into its oncile Christendom and reach out with cession to the United States, and the United third millennium; respect to people of all faiths, and most States flag was raised at the United States (2) is recognized in the United States and of all his commitment to the teachings abroad as a preeminent moral authority; of Jesus Christ provide a model of naval station. Roughly four years later the (3) has dedicated his Pontificate to the King of Manu'a and the chiefs of the Manu'a freedom and dignity of every individual grace to all peoples of the world. Islands that now comprise the easternmost is- human being and tirelessly traveled to the In his first letter to the Corinthians, lands of American Samoa signed the last in- far reaches of the globe as an exemplar of the Apostle Paul wrote, ‘‘I have be- strument of cession. In 1929 Congress recog- faith; come all things to all, to save at least nized these acts of cession in law and dele- (4) has brought hope to millions of people some. All this I do for the sake of the gated the authority for the administration of all over the world oppressed by poverty, hun- gospel, so that I too may share in it.’’ ger, illness, and despair; the islands to the President of the United Last Thursday, John Paul II cele- (5) transcending temporal politics, has brated his 80th birthday, and Saint States. used his moral authority to hasten the fall of As Japan began emerging as an inter- godless totalitarian regimes, symbolized in Paul’s observation is an appropriate national power in the mid-1930's, the U.S. the collapse of the Berlin wall; summary of Karol Wojtyla’s extraor- Naval Station on Tutuila began to acquire new (6) has promoted the inner peace of man as dinary trajectory on this earth, from strategic importance. By 1940, the Samoan Is- well as peace among mankind through his the small town of his birth in Southern lands had become a training and staging area faith-inspired defense of justice; and Poland, Wadowice, through the war for the U.S. Marine Corps. It was this massive (7) has thrown open the doors of the Catho- years in Cracow, leadership of Cracow’s influx of Americans that gave Samoans a sud- lic Church, reconciling differences within Archdiocese during the difficult Com- Christendom as well as reaching out to the munist times, finally to the Ministry den taste of the benefits of a modern western world’s other great religions. of Peter in Rome. In this journey, he society. SEC. 3. CONGRESSIONAL GOLD MEDAL. Mr. Speaker, H. Res. 443 recognizes the (a) PRESENTATION AUTHORIZED.—The has left an indelible mark on his historical significance of the centennial raising Speaker of the House of Representatives and Church and the history of our times. of our flag over the United States Territory of the President Pro Tempore of the Senate With the world watching, John Paul American Samoa and reaffirms our commit- shall make appropriate arrangements for the II has begun to show burdens of age, ment to improved self-governance, economic presentation, on behalf of the Congress, of a but he has lost none of the extraor- development and expansion of domestic com- gold medal of appropriate design to Pope dinary vigor that has characterized the John Paul II in recognition of his many and 211⁄2 years of his Pontificate, one of the merce for the United States citizens and na- enduring contributions to peace and reli- tionals of American Samoa. gious understanding. longest in church history. One-hundred years later, the flag of our na- (b) DESIGN AND STRIKING.—For the purpose On New Year’s eve, for instance, he tion remains a beacon of hope to the troubled of the presentation referred to in subsection celebrated a long, formal Te Deum in countries of the South Pacific and stands as a (a), the Secretary of the Treasury (hereafter Saint Peter’s basilica, had dinner in his symbol of freedom and justice in the world. in this Act referred to as the ‘‘Secretary’’) quarters with Vatican aides and Mr. DOOLITTLE. Mr. Speaker, I have shall strike a gold medal with suitable em- friends, after which they all sang car- blems, devices, and inscriptions, to be deter- no further requests for time, and I mined by the Secretary. ols. At midnight, he appeared in his yield back the balance of my time, and SEC. 4. DUPLICATE MEDALS. window and delivered his traditional urge the Members to support the reso- The Secretary may strike and sell dupli- New Year’s greeting to an adoring lution. cates in bronze of the gold medal struck pur- crowd in Saint Peter’s Square below.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.036 pfrm06 PsN: H23PT1 H3544 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Then he celebrated yet another mass, centration camps. Upon her release in that he has done and the tremendous his first of the new millennium, in his 1945, she was placed on a train to re- contributions he has made over the private chapel. His staff was exhausted, turn to her home in Cracow. When she past 2 decades as we have seen the star- but by 9 the next morning he was in an- arrived, barely able to stand, with tling changes occur around the globe. other basilica in Rome leading another hardly any flesh on her bones, she He has been instrumental in his role in mass. stumbled onto the station platform, terms of leadership, positive leader- From the moment he became a priest and there a strong young man in ship. in Cracow, Karol Wojtyla has conceived priestly garb picked her up in his arms I have had the privilege when visiting his role as a pastor, a representative of and carried her two miles to a place in Rome with other Members of Con- Christ on Earth who has to be seen by where she could be nurtured back to gress to have audiences with the Pope, the faithful. Since he became Pope in health. The priest was Karol Wojtyla. as so many of my colleagues have, and October of 1978, he has made 92 pastoral b 1145 I am sure that they have been as im- trips abroad to 123 countries and terri- pressed as I have been by his breadth of tories, meeting more leaders and bring- In times singularly bereft of leaders vision and leadership and the charge ing the message of God to more people of high moral stature, John Paul II that he admonished us with with re- than any other Pontiff before him. stands out, a Pontiff whose presence gards to our responsibility as elected This year alone, he has been to fills the great basilica of Saint Peter officials, as well as, of course, our re- Mount Sinai in Egypt, followed in and radiates out beyond. In voting for sponsibility as citizens of the world. Christ’s footsteps in the Holy Land, this Congressional Gold Medal, we are He has certainly exemplified that and prayed at the Shrine of the Virgin honoring a historic figure, an indi- role in his much-traveled work, his Mary in Fatima, who he believes vidual whose conviction and morality wonderful solidarity in spirit from his interceded to save his life when he was have infused mankind with renewed native Poland, one the first non-Italian shot in Saint Peter’s Square in 1981. self-confidence. popes to have served in a long time. As a leader of a billion members of In closing, I would like to quote And, of course, being an Italian-Amer- his faith, John Paul II is generally con- these words by John Paul II that I ican, I’m very keenly aware of that an- sidered the preeminent religious leader think express his soaring nobility: cestry and the special role that he had in the world. But his moral authority ‘‘At the end of the second millen- played. goes beyond his church. It extends to nium, we need perhaps more than ever But to observe and to witness the all who seek a message of love and the words of the risen Christ: ‘Be not types of changes that have occurred in compassion, of dignity that defies ma- afraid!’ Man who, after Communism, central Europe under the guidance and terialism, of freedom of thought uncon- has stopped being afraid and who truly under his leadership and his contribu- strained by political oppression. has many reasons for feeling this way, tions has really been a joy for all of us Above all, he has urged people all needs to hear these words. Nations to behold. over the world never to give up hope. need to hear them, especially those na- I might point out that, while much He likes to recall that his first words tions that have been reborn after the traveled, he has obviously been a pio- in Saint Peter’s Square were an echo of fall of the Communist empire, as well neer. His visit most recently I think in Christ’s exhortation, ‘‘Be not afraid.’’ as those who witnessed the event from the last few years to Cuba, as an exam- Wherever he has traveled, John Paul II outside. Peoples and nations of the en- ple, pointed out that he is a great risk- has championed human rights and indi- tire world need to hear these words. taker in terms of being willing to trav- vidual dignity, both of which, in his Their conscience needs to grow on the el and to try and challenge the various view, include freedom of worship. With certainty that Someone exists who governance and human rights ques- this definition of liberty, he turned the holds in his Hands the key to death and tions around the world. And in our Church in his native Poland into a pro- the netherworld, Someone who is the hemisphere, as well as in others, in Af- tector, not only of Catholics but of all Alpha and the Omega of human his- rica, his encyclicals with regards to so- citizens oppressed by communism, no tory, be it the individual or collective cial and economic justice, as well as matter their religion, if any. In so history. And this Someone is Love, with regards to life, have been of much doing, he helped discredit the Com- Love that became man, Love crucified use as we have tried to look for guid- munist system in Poland and bring and risen, Love unceasingly present ance and look for the finest values of about its downfall elsewhere in the among men. It is Eucharistic Love. It our society and of humanity and spir- world. is the infinite source of communion. He ituality. It used to be said in Poland that alone can give the ultimate assurance So I strongly rise in support of this while he was the Archbishop of Cracow, when He says ‘Be not afraid!’ ’’ measure. I commend the chairman and the country’s Communist leaders con- Mr. Speaker, John Paul II has sun- the sponsors. I have been pleased to sidered him their greatest threat. Like- dered depotism and ennobled faith by join as sponsor myself in this measure. wise, in Moscow, once he became Pope. displaying to fellow mortals the cour- I urge my colleagues to strongly sup- It is no accident that China’s leaders age of conviction. port this measure. have so far refused to allow him to con- Mr. Speaker, I reserve the balance of Mr. Speaker, I include for the duct a pilgrimage in their country. my time. RECORD a detailed statement of our In traveling the world, John Paul II Mr. VENTO. Mr. Speaker, I yield my- ranking member, the gentleman from has reached out to the other great reli- self such time as I may consume. New York (Mr. LAFALCE), and a state- gions. Last month, he sought to bridge Mr. Speaker, I rise in support of H.R. ment by the gentleman from Pennsyl- the historic divide between Christians 3544, and I associate myself with the el- vania (Mr. KANJORSKI) of the Com- and Jews. In a gesture of breathtaking oquent remarks of our distinguished mittee on Banking, both of whom ad- eloquence in its simplicity, he placed a chairman, the gentleman from Iowa mire and strongly support this resolu- sheet of paper in a crack in Jerusa- (Mr. LEACH), with regard to the award- tion. They have been called to the lem’s Western Wall: ‘‘God of our fa- ing of a Congressional Gold Medal to White House on a meeting. But for thers,’’ he wrote, ‘‘we are deeply sad- Pope John Paul II. that, they would surely be here in dened by the behavior of those who, in Mr. VENTO. Mr. Speaker, I, of honor to make this presentation by our the course of history, have caused course, as I said, rise in support of this side. these children of yours to suffer; and legislation. Mr. LAFALCE. Mr. Speaker, I am proud to asking your forgiveness, we wish to Mr. Speaker, I would point out that rise today to honor a man whose enduring commit ourselves to genuine brother- Pope John Paul II chose his name from contributions to humanity will forever be hood with the people of the covenant.’’ his two predecessors that reigned very etched in history: His Excellency, Pope John To exemplify his personal compas- briefly, Pope John Paul XXIII and Pope Paul II. As a spiritual leader of 1 billion Catho- sion, an elderly Israeli woman came Paul VI. He has, of course, for the past lic Christians all over the world (millions of forth during this historic pilgrimage. 2 decades been the leader of a billion them in the United States), and an inspiring She recalled how she was one of the Catholics in the world, including my- force for peace to people of all faiths, it is only lucky ones who survived Hitler’s con- self. We are very proud of the work fitting that we pay tribute to the Holy Father's

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.039 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3545 remarkable contributions to humanity. Pope Pope John Paul II has already left us a sub- has served not only as a spiritual leader to John Paul II has touched the lives of many stantial body of written work that will nourish Catholic Christians in the United States and and continues to be a powerful and enduring future generations with the wisdom and be- around the World, but also as a political cham- force in fostering peace among nations, and in nevolence of this moral philosophy. In fact, his pion for human rights. reconciling the three great religious faiths of writings fill nearly 150 volumes. Through his In the more than 20 years of his papacy, the children of Abraham: Christianity, Judaism, encyclicals, homilies, letters, and other John Paul II has been an exemplar of the and Islam. I am honored to stand before this writings, this ``Pope of Letters'' has inspired power of faith against the forces of intolerance House today, joining Catholics from my dis- the world to embrace universal principles of and corruption. His support of the Solidarity trict, the U.S., the rest of the world, and peo- human dignity and human rights. In 1994, his trade union in his native Poland in the early ple of all faiths, in recognizing this remarkable popular volume of philosophical and moral 1980s, combined with his unwavering support man's monumental contributions to humanity. ruminations, Crossing the Threshold of Hope, of Catholics living in the former Soviet Bloc Karol Joseph Wojtyla was born 80 years became an immediate best-seller in 12 coun- nations and his steadfast opposition to the ago in an industrial town near Cracow in Po- tries. communist regimes suppressing their beliefs, land. In fact, the Holy Father just celebrated The most traveled Pope in history, Pope contributed immeasurably to the eventual col- his 80th birthday this past Thursday, May John Paul II has brought his message of lapse of those oppressive systems. 18th, during which he celebrated Mass, ate peace and reconciliation to 117 countries. In Pope John Paul II has additionally been a lobster with senior clergy in the Vatican, and his most recent visit to Israel, for example, the tireless worker for international peace, trav- sang songs with Polish compatriots. As a Holy Father prayed at the Western Wall, one eling hundreds of thousands of miles in order teenager during the Second World War, Karol of Judaism's holiest sites. His prayer, an un- to share his spiritual messages with millions of Wojtyla experienced, first-hand, the horrors of precedented act of contrition on behalf of individuals like myself. In October 1995, during Nazism, the Holocaust, and soon thereafter, Catholic Christians, read as follows: ``We are his visit to the United States and the United Communist totalitarianism. ``I have carried with deeply saddened by the behavior of those Nations, I had the opportunity to meet with the me the history, culture, experience and lan- who in the course of history have caused Pope John Paul II and learn firsthand more guage of Poland,'' said the Pope once. ``Hav- these children of Yours to suffer and, asking about his good work. ing lived in a country that had to fight for its Your forgiveness, we wish to commit our- The Pope's effort have also proven instru- existence in the face of the aggressions of its selves to genuine brotherhood with the people mental in virtually all of the World's major con- neighbors, I have understood what exploitation of the Covenant.'' And how can we forget his flicts of the past two decades. He brought his message to Central America in the 1980's dur- is. I put myself immediately on the side of the groundbreaking trip to Cuba in 1998? On that ing its period of revolution and bloodshed. He poor, the disinherited, the oppressed, the papal visit, he condemned the dehumanizing spread his message to fight apartheid in South marginalized and the defenseless,'' said the and immoral aspects of both Cuban com- Africa, tribal war in Central Africa, and geno- Pope. munism and the outdatedÐand senselessÐ cide in the Balkans. In an effort to relieve After considering a career as an actor, and U.S. trade embargo. As customary, his words them of their pain, he has traveled to these even petitioning three times to become a echoed in the farthest corners of the world. Catholic monk, he was persuaded by the then- Pope John Paul II understands one of the places to show them he shares in their loss Archbishop of CracowÐwho recognized his most fundamental Christian principles that has and despair. Most recently, Pope John Paul II served as counsel in bringing together Israelis charisma, oratorical talents, and potential to become a hallmark for fostering reconciliation: and Palestinians in a non-denominational ef- help people directlyÐto pursue the priesthood. forgiveness. In one of the most remarkable fort to cease the brutal conflict that has He was ordained as a Catholic priest in 1946, acts of forgiveness ever witnessed publicly, became Archbishop of Cracow in 1958, Car- plagued these two peoples for far too long. the Holy Father confronted the man that at- This legislation is appropriate in light of the dinal in 1967, and was elected Pope by the tempted to assassinate him and forgave him fact that many entities around the world that Vatican's college of Cardinals in 1978 at the for his grave sin. have similarly honored the Pope. From being age of 58Ðthe first non-Italian Pope since The Holy Father's acts of compassion stem designed as the Time Magazine's ``Man of the 1522. from his inherently benevolent nature. His Year'' in 1994 to serving as the namesake of The Holy Pontiff, by his own description, is compassion, charisma and moral authority are a Catholic grade school in my hometown of a moral leader who believes in the sanctity of celebrated by leaders of other faiths. For in- Nanticoke, Pennsylvania, Pope John Paul II the human being. Over the years, he has de- stance, the Dalai Lama, the spiritual leader of has received many honors. I coincidentally nounced the excesses, and affronts to human the world's Buddhists, has said of the Pope: have the good fortune of being visited today dignity, of the two major competing social sys- ``He really has a will and a determination to by 28 students in the graduating 8th Grade tems of the 20th century, communism and help humanity through spirituality. That is mar- class at Pope John Paul II School. I am there- capitalism. He has condemned the atheistic velous. That is good. I know how difficult it is fore very pleased that we are at this time tak- and dehumanizing forces of Communism, for leaders on these issues.'' Rev. Billy ing up this legislation to honor the great man which he experienced in Poland. And he has Graham, a spiritual adviser to many U.S. for whom their institution is named. denounced the more unsavory aspects of presidents, has also said about the Pope: In closing, Mr. Speaker, in recognition of his modern capitalism, such as greed, abject pov- ``He'll go down in history as the greatest of our 80th birthday and his leading the Catholic erty, selfishness, and secular atheism. Accord- modern Popes. He's been the strong con- Church into its Third Millennium, we should ing to his spokesman, the Holy Pontiff's goal science of the whole Christian world.'' acknowledge the important accomplishments is to establish a mode of Christian thinking to Mr. Speaker, when Pope John Paul speaks, Pope John Paul II has made to our World dur- serve as a meaningful alternative to the hu- whether to those gathered at St. Peter's ing his lifetime. I encourage all Members of manist philosophies of the 20th century, such Square at the Vatican, or in a Mass delivered the House to support this bill. as Marxism and post-Modernism. His moral in the backwaters of Cuba, the world listens. Mr. VENTO. Mr. Speaker, I reserve philosophy, and its impact on world affairs, The world listens because he is the most pow- the balance of my time. earned him the honor of Time magazine Man erful moral force in our lifetimes, an apostle for Mr. LEACH. Mr. Speaker, let me of the Year of 1994, which described him as social justice, a champion of the poor, and a thank my good friend, the gentleman ``The most tireless moral voice of a secular harbinger of peace. I urge the Congress to from Minnesota (Mr. VENTO), for his age.'' move swiftly on this legislation, so that we can thoughtful observations. Pope John Paul II's moral philosophy has bestow this well deserved gold medal to His Mr. Speaker, I yield 2 minutes to my brought much needed attention to the plight of Holiness Pope John Paul II, at the dawn of the distinguished friend, the gentleman the world's poor. In this vein, the Pope has New Millennium and the Jubilee 2000 celebra- from New York (Chairman GILMAN). called for substantial reduction or outright can- tion. (Mr. GILMAN asked and was given cellation of the international debt that seriously Mr. KANJORSKI. Mr. Speaker, I rise to ex- permission to revise and extend his re- threatens the future of many of the poorest press my strong support for H.R. 3544, the marks.) nations. Inspired in part by the Pope's exam- Pope John Paul II Congressional Gold Medal Mr. GILMAN. Mr. Speaker, I thank ple, we are proud to have contributed to the Act. I am a cosponsor of this notable legisla- the gentleman for yielding me the enactment of international debt relief legisla- tion that would award Pope John Paul II with time. tion last year, which was facilitated by the Ju- a gold medal in recognition of his many pow- Mr. Speaker, I am pleased to rise; bilee 2000 MovementÐthrough which the Holy erful and enduring contributions to inter- and it is an honor and privilege to asso- Father has nurtured meaningful ecumenical national peace and religious understanding. ciate myself with the legislation of- cooperation. This bill is also necessary to honor a man who fered by the gentleman from Iowa (Mr.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.011 pfrm06 PsN: H23PT1 H3546 CONGRESSIONAL RECORD — HOUSE May 23, 2000 LEACH), which honors one of the most (Mr. FALEOMAVAEGA asked and Mr. BACHUS. Mr. Speaker, I appre- remarkable individuals alive today, was given permission to revise and ex- ciate the kind words of the gentleman who is also one of most influential per- tend his remarks.) from Minnesota (Mr. VENTO). sons in all of world history. Mr. FALEOMAVAEGA. Mr. Speaker, Mr. Speaker, I would like to asso- His Holiness Pope John Paul II cele- I, too, would like to stand here to ex- ciate myself with the remarks of the brated his 80th birthday just last week. tend my warmest congratulations and gentleman from American Samoa (Mr. The entire world expressed fellowship expression of appreciation to the chair- FALEOMAVAEGA). The people of Ala- and congratulations upon his reaching man of the committee, the gentleman bama and the people of American this milestone. It is an appropriate from Iowa (Mr. LEACH), for his leader- Samoa both share a love for Pope John time, therefore, to pay tribute to him ship in bringing this important legisla- Paul II. by this measure. tion before our colleagues for their ap- Mr. Speaker, I rise in support of this The minting of a gold medal in his proval. bill introduced by my good friend, the honor is a timely way that we in the I also want to thank our ranking gentleman from Iowa (Chairman Congress, on behalf of all of the people member, the gentleman from New York LEACH), to award the Congressional in our Nation, can thank this saintly (Mr. LAFALCE), and our good friend, Gold Medal to Pope John Paul II. man for his guidance and inspiration the gentleman from Minnesota (Mr. Pope John Paul II was born in Poland throughout the years. His pontificate VENTO), for this legislation. on May 18, 1920, and is said to be the was the longest of the 20th century and Mr. Speaker, it is only appropriate most recognized person in the world. is a beacon of leadership as we begin that we honor one of the greatest spir- He is by far the most traveled Pope in the 21st century. itual giants of the world today, Pope the 2000-year history of the Roman His Holiness was born in Wadowice, John Paul II but not only because he is Catholic Church, having visited almost Poland, in 1920, just a short time after a spiritual leader to some one billion every continent and country where he his homeland gained its long-sought Catholics around the world but also for personally addressed tens of millions of independence. the fact that he stands as an example people on almost each visit. Karol Joseph Wojtyla, as he was of a great Christian in teaching spir- Pope John Paul II is one of the most known then, suffered under the Nazi itual values which cut through polit- important statesmen, diplomats, and occupation of his nation, as did all of ical ideology, which is something that political figures of our time. But he is his generation. He was active in an un- I have always admired about this great far more. He is a great pastor, evan- derground organization which helped Christian leader of the world. gelist, and witness of Christianity. As Jewish people seek refuge from the Mr. Speaker, long before he became the spiritual leader to the world’s one bil- Nazis. It was his actions at that time, Bishop of Rome, Pope John Paul II was lion Catholics, the Pope has com- what he observed and what he learned known as Karol Jozef Wojtyla, a young boy menced a great dialogue with modern during World War II, that inspired him from Poland. According to biography, Wojtyla's culture that transcends the boundaries to enter the priesthood. He was or- childhood was not happy. By the age of of political or economic ideologies that dained on November 1, 1946 and, in Oc- twelve, he had lost his mother, brother and has dominated the world since the be- tober 1978, was elected the first non- sister. Before he was ordained to the priest- ginnings of modernity in the 1700s. He is one of the most prolific writers Italian Pope since 1522, taking the hood, he lost his father. In the interim, World in this century. His writings have made name John Paul II to honor his three War II ravaged Europe. When the Germans great contributions in the area of the- immediate predecessors. began rounding up Polish men, Wojtyla took ology, philosophy, sociology, politics, In 1981, His Holiness was a victim of refuge in the archbishop of Krakow's resi- culture, and science. Having witnessed a dastardly assassination attempt. Al- dence. He remained there until the end of the firsthand the brutal inhumanity of though he was hospitalized for 21⁄2 war. Nazi and Communist regimes, the Pope months, his steely courage, coupled In 1946, Wojtyla was ordained to the priest- understands the true dignity of each with his splendid physical condition hood. He earned two master's degrees and a human being. He has heroically op- honed by a lifetime of athletics, al- doctorate. In 1978, the Sacred College of Car- posed the offences against human dig- lowed his full recovery. dinals chose Wojtyla as the next pope after nity that have tragically marked the Throughout the past 22 years, Pope the death of John Paul I. 20th century. John Paul II has been an inspiration to Mr. Speaker, Pope John Paul II became the As much as any single person of this first pope to visit a synagogue and the first to all of us and is universally beloved. century, John Paul II has worked to Mr. Speaker, the coinage of a gold visit the Holocaust memorial at Auschwitz. Ac- protect the rights of each individual medal in Pope John Paul’s memory is cording to one report, in ending the Catholic- and to promote respect and under- an appropriate way to begin this new Jewish estrangement, he calls Jews ``our elder standing between cultures, nations, century. I strongly urge our colleagues brothers.'' I would like to offer even a little ges- and peoples. to fully support this measure. To truly find world peace, the Pope ture to our majority leadership by ex- Mr. VENTO. Mr. Speaker, I yield my- encourages all people to answer the tending an invitation to Pope John self such time as I may consume. most important question we face: What Mr. Speaker, I wanted to mention Paul II to have a joint session of the is the ultimate truth about man and that my colleague, the gentleman from Congress and have this great leader ad- his relationship to God? Pennsylvania (Mr. KANJORSKI), was dress us, because I think we all need As part of his pastoral work, the hoping, as I said, to be here to speak in his guidance and certainly some of the Pope has consistently identified the support of the bill and was unexpect- examples that he will share with us, moral challenges facing free societies edly summoned to the White House, as and perhaps a few words or a sentence and the importance of resolving those I indicated. If he had been here, the can be added into this resolution to ex- challenges. The Pope has tirelessly gentleman from Pennsylvania (Mr. tend that invitation to Pope John Paul preached against the dangers of unrea- KANJORSKI) would have mentioned that II to address this great body and to our sonable and unfettered license that Pope John Paul II is the namesake of a Nation. pays no respect to the dignity of each Catholic grade school in his hometown Mr. Speaker, again, I want to thank person. His prophetic voice in the de- of Nanticoke, Pennsylvania. my good friend, the chairman of the fense of the unborn, the aged, and the Coincidentally, he has the good for- committee, for his leadership in bring- marginalized is well known. His de- tune of being visited today by 28 stu- ing this legislation. I urge my col- fense of the dignity of all persons dents in the graduating 8th grade class leagues to support this bill. serves as a guideline for all Americans at Pope John Paul II School, who may Mr. VENTO. Mr. Speaker, I am on how to treat each other with re- have been here earlier but may have pleased to yield 4 minutes to the gen- spect, based not on mere sentiment but had to leave. tleman from Alabama (Mr. BACHUS), on the deep and true respect for the In any case, I wanted to mention who has been one of our leaders on the image of God in each person. that. debt relief program championed by the Mr. Speaker, I yield 2 minutes to the Jubilee 2000, which is, of course, one of b 1200 gentleman from American Samoa (Mr. the major initiatives of Pope John His ability to harmonize faith and FALEOMAVAEGA). Paul II. reason sheds light on difficult public

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.043 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3547 and ethical issues that plague modern or euthanasia, it is therefore never licit to Pope John Paul II should also be recog- society. John Paul’s pastoral leader- obey it, or to ‘‘take part in a propaganda nized for his written works that inspire the ship gives hope and courage for mil- campaign in favor of such a law, or vote for world to embrace universal principles of it.’’ lions of Catholics and countless others human dignity and human rights. Some of his in America who struggle to sanctify In the Kingdom of God, that civilization of famous works include ``Notificationes,'' pub- their lives in the midst of the modern life which John Paul II has so fervently sought lished in 1971. In 1981, he published the En- secular world. to build, there is no place for the systematic cyclical Letter, Laborem Exercens on Human In conclusion, Mr. Speaker, there is killing of unborn children. Work. In 1982, he published the Apostolic Let- no question the Pope has been a beacon My family and I have had the awesome ter, Caritatis Christi about the role of the of light and witness to hope for count- privilege of meeting the Holy Father: in New- church in China. In 1984, he published the Ap- less millions. It is only appropriate to ark, New Jersey, in the crowd in 1979 at New ostolic Letter, Salvific Doloris on the Christian recognize these accomplishments and York's Shea Stadium, and most recently in Meaning of Human suffering. to show our appreciation by awarding Guatemala. I have personally witnessed and Pope John Paul II worked tirelessly with the him the Congressional Medal of Honor. been inspired on numerous occasions by his Solidarity movement in Poland to oppose com- Mr. VENTO. Mr. Speaker, I yield my- power that comes from being so rooted in munism. In 1980 and 1981 he met with Lech self such time as I may consume. God, and so devoted to the service of others. Walesa of the Polish Independent Syndicate I want to belatedly wish the Pontiff a Pope John Paul II is truly the Vicar of Christ Solidarnosc. He also traveled to Poland on happy birthday. His 80th birthday was on earth, a man who has, and continues, to several occasions to encourage democracy in last week. This is an appropriate way faithfully and courageously walk in the shoes his birthplace. In 1991, he met with Lech for us to recognize that as well. We of the Fisherman, Peter. Walesa again, as the new President of the hope he has many more. It is said that the Holy Father has had no Polish Republic. Mr. SMITH of New Jersey. Mr. Speaker, personal bank account since being ordained a Pope John Paul II has also worked tirelessly today we honor Pope John Paul II, who in his priest over 50 years ago. He has truly stored to bring his message of peace and reconcili- 20 years as leader of the Catholic Church has up treasure in heaven, and we are all better ation to the world. In 1969, he visited the par- become pastor to the world, boldly proclaiming people for his untiring work here on earth. ish of Corpus Domini and made a visit to the the GospelÐthe Good News of Jesus ChristÐ Mr. BENTSEN. Mr. Speaker, I rise today in Jewish Community and the Synagogue in the and its message of love, hope, and reconcili- strong support of legislation, H.R. 3544, that Kazimierz section of Krakow. He has traveled ation. The Holy Father walks the path to would provide a Congressional Gold Medal, to 117 countries to pray with Catholics around peace that surpasses understanding, the road on behalf of Congress, to Pope John Paul II. the world. He recently traveled to Jerusalem in that leads to Heaven. How appropriate it is As a cosponsor of this legislation and a mem- Israel to the Western Wall. In 1998, he trav- that we honor him with a Congressional Gold ber of the House Banking Committee, I be- eled to Cuba to celebrate mass with that na- Medal, as he just celebrated his eightieth lieve that this Congressional medal would be tion's Catholic parishioners. birthday last week. Even after eight decades an appropriate honor for Pope John Paul II I urge my colleagues to support this initia- of doing the Lord's work here on earth, the who has served as the leader of the Catholic tive to honor Pope John Paul II, the Holy Fa- Pope's charisma and steadfast faith shine Church since 1978. ther, with a Congressional Gold Medal. brightly, giving hope to millions of people of all In order to be fiscally prudent, this legisla- Mr. BLILEY. Mr. Speaker, I am proud to co- faiths. tion also includes a provision stipulating that sponsor and support H.R. 3544, the Pope During his pontificate the Holy Father has the cost of this medal should come from the John Paul II Congressional Gold Medal Act. made an astonishing 176 visits to 117 different Numismatic Public Enterprise Fund and can- Over the years, Pope John Paul II has be- countries, he speaks some eight languages, not exceed $30,000. In addition, this legisla- come one of the world's greatest moral and and has written 13 incisive encyclicals. He is tion authorizes the sale of duplicate coins to spiritual forces of all time. I admire His Holi- truly a world leader, and an unparalleled be deposited into the Numismatic Public En- ness' efforts to foster peace and promote jus- champion of those who cannot speak for terprise Fund to repay it for this donation. tice, freedom, and compassion throughout his themselves: the poor, the unborn, those con- On May 18, 2000, the Holy Father cele- life. In his travels around the world, Pope John demned to death, and those whose basic brated his 80th birthday. This Congressional Paul II has inspired millions of people of all rights as children of God are trampled upon by Medal will help ensure that Pope John Paul II faiths and races because of his strong desire oppressive regimes. He waged an unrelenting receives recognition for the public service that for peace and brotherhood. crusade against the forces of atheistic Com- he has provided to all Catholics around the I had an opportunity to attend a private munism, and continues to preach the mes- world. From his boyhood home of Krakow, Po- mass with His Holiness. Afterwards, His Holi- sage of life, hope, and love amid the oppres- land, Pope John Paul II has never forgotten ness remarked to me, ``Congressman, God sive tide of the culture of death. Pope John his roots. As a young man during World War bless Ronald Reagan.'' Those five words Paul II's encyclical ``The Gospel of Life'' II, he witnessed the deportation of tens of speak volumes about a collaborative partner- (Evangelium vitae) reminds all of usÐespe- thousands of Polish Jews and Christians to ship between Pope John Paul II and President cially those in public serviceÐthat the gift of Nazi death camps. This experience made an Reagan to rid the world of the evils of Soviet human life is so precious, so full of dignity, indelible impression on the man who would communism. that it must remain inviolable and be defended become Pope John Paul II. Just this year, in Without the help of His Holiness, America against all manner of violence. his first trip to the Holy Land, he eloquently and her allies would not have been successful The Pope writes in that important document addressed survivors of the Holocaust. At in our efforts to free the world from Soviet that: Israel's Holocaust memorial, Yad Vashem, communism. Millions of citizens around the This is what is happening also at the level Pope John Paul II assured the Jewish people world owe Pope John Paul II a debt of grati- of politics and government: the original and that the Catholic Church is deeply saddened tude for his valiant efforts. inalienable right to life is questioned or de- by the hatred, acts of persecution and displays I want to thank His Holiness for his life and nied on the basis of a parliamentary vote or of anti-Semitism directed against the Jews by apostolate because he is a man of peace the will of one part of the people—even if it Christians at any time and in any place. whose words for a more just society inspire us is the majority. This is the sinister result of Pope John Paul II has made great contribu- all. His Holiness is a deserving recipient of the a relativism which reigns unopposed: the tions to mankind. For example, this year the Congressional Gold Medal because he has ‘‘right’’ ceases to be such, because it is no Holy Father lead an effort to reduce the pov- done so much to help our troubled world. longer firmly founded on the inviolable dig- erty among the poor by calling for the reduc- Mr. REYES. Mr. Speaker, I rise in support nity of the person, but is made subject to the will of the stronger part. tion or outright cancellation of the international of awarding the Congressional Gold Medal to debt that is burdening the world's poorest na- Pope John Paul II. It is difficult to talk briefly And elsewhere in Evangelium vitae Pope tions as part of the Jubilee 2000 project. I am about a man who has done so much since John Paul II states in unambiguous terms: pleased that Congress, with my support, in- being elected to succeed Pope John Paul I in Abortion and euthanasia are thus crimes cluded this international debt relief legislation 1978. So, let me make these few comments. which no human law can claim to legitimize. There is no obligation in conscience to obey in last year's omnibus appropriations bill. This Pope John Paul II has worked tirelessly to such laws; instead there is a grave and clear law will ensure that the world's poorest nations unite the people of different countries and dif- obligation to oppose them by conscientious have much of their debt forgiven and instead ferent religions, regardless of their color or objection . . . In the case of intrinsically un- invest their scarce funds to rebuild domestic their politics. He did this as a youth, as a pro- just law, such as a law permitting abortion health and education programs. fessor at Catholic University of Lublin, as the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.048 pfrm06 PsN: H23PT1 H3548 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Archbishop of Krakow and continues to do so On October 16, 1978, Cardinal Wojtyla was The SPEAKER pro tempore (Mr. as the head of the Roman Catholic Church. elected Pope. He took the name of his prede- BARRETT of Nebraska). The question is He is said to be the most recognized man cessors, and became the first Polish leader of on the motion offered by the gen- in the world. In fact he was named ``Man of the Roman Catholic Church and the youngest tleman from Iowa (Mr. LEACH) that the the Year'' in Time magazine in 1994. But, that Pope in this century. In this capacityÐas our House suspend the rules and pass the is not why I stand before you. I stand before society has grappled with serious social ques- bill, H.R. 3544, as amended. you because this man has dedicated his life to tions, Pope John Paul II has dealt with them The question was taken. the salvation of others. in such a way as to maintain a peaceful and Mr. VENTO. Mr. Speaker, on that I I still remember when he was chosen by the fair world order. In fact, over the last 50 years, demand the yeas and nays. College of Cardinals. There was a great deal he has remained a dedicated servant to the The yeas and nays were ordered. of discussion about him, not because he was world. Throughout his many travels, he has The SPEAKER pro tempore. Pursu- selected to become the Pope, but rather be- promoted peace, nuclear disarmament, and ant to clause 8 of rule XX and the cause he was the first non Italian Pope since the conquering of world hunger among other Chair’s prior announcement, further 1522 and because he was only 58 years old. things. In addition, he has remained a beacon proceedings on this motion will be Now, twenty-two years later, neither his birth of strength and hope for every world citizen he postponed. place nor his age are part of the discussion. comes into contact with. f I think that there is a lesson for all of us in that As a result, I fully support this act and urge GENERAL LEAVE fact. my colleagues to authorize the Congressional Mr. LEACH. Mr. Speaker, I ask unan- I support this award because Pope John Gold Medal in honor of Pope John Paul II. imous consent that all Members may Paul II has reached out to the people of this God bless you and God Bless America. have 5 legislative days within which to planet. He encourages fraternity and encour- Mr. DAVIS of Virginia. Mr. Speaker, I rise revise and extend their remarks on ages people to live the gospel. And, in the today as a proud cosponsor and strong sup- final analysis, he has made the world a better H.R. 3544. porter of H.R. 3544, to award a Congressional The SPEAKER pro tempore. Is there place for us to live. I cannot think of a better Gold Medal to Pope John Paul II for his out- objection to the request of the gen- reason for this body to give this or any award. standing leadership in promoting peace and Mr. KNOLLENBERG. Mr. Speaker, I rise tleman from Iowa? understanding across the globe. Pope John There was no objection. today to honor a great man, Karol Jozef Paul II is one of the greatest humanitarians of f Wojtyla. Now known to the world as Pope all time and this special award is a testament John Paul II, this leader of the Catholic to his successful life's work in making the VETERANS AND DEPENDENTS Church has championed the cause of pro- world a better and safer place. MILLENNIUM EDUCATION ACT moting human rights and eliminating poverty Pope John Paul II has been a revolutionary Mr. STUMP. Mr. Speaker, I move to and hunger around the world. Called by some in the world of religion. He has been a spiritual suspend the rules and pass the Senate the man of the century, John Paul II has been leader to over one billion Catholic Christians bill (S. 1402) to amend title 38, United unafraid to articulate his vision of a better around the globe. He has served as an inspi- States Code, to enhance programs pro- world and has the passion and integrity to ration to millions of American Catholics and viding education benefits for veterans, work toward that goal. The bottom line in the non-Catholics alike. and for other purposes, as amended. debate over the nature of truth and freedom, Pope John Paul II has led the charge to The Clerk read as follows: he argues, is the sanctity of all humans who unify not only diverse sects of Christianity, but S. 1402 are created equal and are endowed by their also to bridge the gaps between all respected Be it enacted by the Senate and House of Rep- Creator with certain unalienable rights, includ- religious peoples throughout the world. resentatives of the United States of America in ing life and libertyÐas written in our very own Over the years, Pope John Paul II has trav- Congress assembled, Declaration of Independence. eled the world as a ``warrior of peace.'' His Strike all after the enacting clause and in- He was also a key figure at a pivotal junc- tireless effort to bring people together of dif- sert the following: ture in world history. As a Cardinal in Poland, ferent faiths has demonstrated to the rest of SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO TITLE 38, UNITED he was a shrewd and unflinching opponent of the world the wonderful possibilities of the STATES CODE. communism, advancing the church's agenda good that can and will prevail when people of (a) SHORT TITLE.—This Act may be cited as without allowing outright hostility and repres- diverse, sometimes seemingly bipolar back- the ‘‘Veterans and Dependents Millennium sion to develop. grounds begin to listen to one another too Education Act’’. As Pope, his support of the Solidarity move- long. (b) TABLE OF CONTENTS.—The table of con- ment was instrumental in the downfall of the From the United States to developing na- tents of this Act is as follows: government. tions, Pope John Paul II has traversed the Sec. 1. Short title; table of contents; ref- Today, just over nineteen years after a globe with a message of hope and freedom as erences to title 38, United States Code. would-be assassin shot him on May 13, 1981, our New Economy's prosperity continues to Sec. 2. Increase in rates of basic educational we vote to award Pope John Paul II with the beat down the plight of poverty. assistance under Montgomery Congressional Gold Medal. I ask all Members Pope John Paul II should be commended GI Bill. and the world to acknowledge his faith, his in- for his work in promoting democracy and for Sec. 3. Additional opportunity for certain tellect and his wonderful contributions. the demise of communism throughout Europe. VEAP participants to enroll in Ms. JACKSON-LEE of Texas. Mr. Speaker, Being such an outspoken leader in the battle basic educational assistance I rise in support of H.R. 3544, the Pope John of good versus evil enabled Pope John Paul under Montgomery GI Bill. Sec. 4. Increase in rates of survivors and de- Paul II Congressional Gold Medal Act. As you II to play a critical role in the debate which pendents educational assist- know this bill would authorize a gold medal to lead to the fall of the Berlin Wall. Time and ance. be awarded on behalf of the Congress to time again, Pope John Paul II spoke up and Sec. 5. Adjusted effective date for award of Pope John Paul II in recognition of his many defended liberty and justice wherever totali- survivors’ and dependents’ edu- and enduring contributions to peace and reli- tarian regimes have arisen. cational assistance. gious understanding. Mr. Speaker, thank you very much for bring- Sec. 6. Revision of educational assistance Born Karol Wojtyla in Wadowice, Poland in interval payment requirements. ing consideration of this legislation to the Sec. 7. Availability of education benefits for 1920, Pope John Paul II has remained a lead- House Floor. Pope John Paul II is a deserving payment for licensing or cer- ing champion of human rights around the recipient of this special award, as he has been tification tests. world, and a strong moral leader for us all. Or- a leader in promoting peace and democracy Sec. 8. Extension of certain temporary au- dained in 1946, Pope John Paul II spent eight throughout the world. With that said, I am priv- thorities. years as a professor of social ethics at the ileged to join my colleagues in support of Sec. 9. Codification of recurring provisions Catholic University of Lublin, Poland. In 1964, awarding Pope John Paul II the Congressional in annual Department of Vet- he was named the archbishop of Krakow and erans Affairs appropriations Gold Medal. Acts. only three years later he was appointed car- Mr. VENTO. Mr. Speaker, I have no Sec. 10. Preservation of certain reporting re- dinal by Pope Paul VI. As the Archbishop of further requests for time, and I yield quirements. Krakow, he would prove himself to be a noble back the balance of my time. (c) REFERENCES TO TITLE 38, UNITED STATES and trustworthy pastor in the face of Com- Mr. LEACH. Mr. Speaker, I yield CODE.—Except as otherwise expressly pro- munist persecution. back the balance of my time. vided, whenever in this Act an amendment

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.030 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3549 or repeal is expressed in terms of an amend- Treasury of the United States as miscella- (2) The amendment made by paragraph (1) ment to, or repeal of, a section or other pro- neous receipts. shall take effect on October 1, 2002, and shall vision, the reference shall be considered to ‘‘(B)(i) The Secretary concerned shall pro- apply with respect to educational assistance be made to a section or other provision of vide for an 18-month period, beginning on the allowances paid under section 3534(b) of title title 38, United States Code. date the qualified individual makes an elec- 38, United States Code, for months after Sep- SEC. 2. INCREASE IN RATES OF BASIC EDU- tion under paragraph (1), for the qualified in- tember 2002. CATIONAL ASSISTANCE UNDER dividual to pay that Secretary the amount (3) In the case of an educational assistance MONTGOMERY GI BILL. due under subparagraph (A). allowance paid for a month after September (a) ACTIVE DUTY EDUCATIONAL ASSIST- ‘‘(ii) Nothing in clause (i) shall be con- 2000 and before October 2002 under section ANCE.—(1) Section 3015 is amended— strued as modifying the period of eligibility 3534 of such title, subsection (b) of such sec- (A) in subsection (a)(1), by striking ‘‘$528’’ for and entitlement to basic education as- tion shall be applied by substituting ‘‘$600’’ and inserting ‘‘$720’’; and sistance under this chapter applicable under for ‘‘$485’’. (B) in subsection (b)(1), by striking ‘‘$429’’ section 3031 of this title. (c) SPECIAL RESTORATIVE TRAINING.—(1) and inserting ‘‘$585’’. ‘‘(C) The provisions of subsection (c) shall Section 3542(a) is amended— (2) The amendments made by paragraph (1) apply to individuals making elections under (A) by striking ‘‘$485’’ and inserting ‘‘$720’’; shall take effect on October 1, 2002, and shall this subsection in the same manner as they (B) by striking ‘‘$152’’ each place it appears apply with respect to educational assistance applied to individuals making elections and inserting ‘‘$225’’; and allowances paid for months after September under subsection (a)(5). (C) by striking ‘‘$16.16’’ and inserting 2002. ‘‘(4) With respect to qualified individuals ‘‘$24’’. (3) In the case of an educational assistance referred to in paragraph (3)(A)(ii), no amount (2) The amendments made by paragraph (1) allowance paid for a month after September of educational assistance allowance under shall take effect on October 1, 2002, and shall 2000, and before October 2002 under section this chapter shall be paid to the qualified in- apply with respect to educational assistance 3015 of such title— dividual until the earlier of the date on allowances paid under section 3542(a) of title (A) subsection (a)(1) of such section shall which— 38, United States Code, for months after Sep- be applied by substituting ‘‘$600’’ for ‘‘$528’’; ‘‘(A) the Secretary concerned collects the tember 2002. and applicable amount under subparagraph (I) of (3) In the case of an educational assistance (B) subsection (b)(1) of such section shall such paragraph, or allowance paid for a month after September be applied by substituting ‘‘$487’’ for ‘‘$429’’. ‘‘(B) the retired or retainer pay of the 2000 and before October 2002 under section (b) CPI ADJUSTMENT.—No adjustment in qualified individual is first reduced under 3542 of such title, subsection (a) of such sec- rates of educational assistance shall be made subparagraph (II) of such paragraph. tion shall be applied by substituting— ‘‘(5) The Secretary, in conjunction with the under section 3015(g) of title 38, United (A) ‘‘$600’’ for ‘‘$485’’; Secretary of Defense, shall provide for notice States Code, for fiscal years 2001 and 2003. (B) ‘‘$188’’ for ‘‘$152’’ each place it appears; to participants in the educational benefits SEC. 3. ADDITIONAL OPPORTUNITY FOR CERTAIN and program under chapter 32 of this title of the VEAP PARTICIPANTS TO ENROLL IN (C) ‘‘$20’’ for ‘‘$16.16’’. BASIC EDUCATIONAL ASSISTANCE opportunity under this section to elect to be- (d) APPRENTICESHIP TRAINING.—(1) Section UNDER MONTGOMERY GI BILL. come entitled to basic educational assist- 3687(b)(2) is amended— (a) SPECIAL ENROLLMENT PERIOD.—Section ance under this chapter.’’. (A) by striking ‘‘$353’’ and inserting ‘‘$524’’; 3018C is amended by adding at the end the (b) CONFORMING AMENDMENT.—Section following new subsection: 3018C(b) is amended by striking ‘‘subsection (B) by striking ‘‘$264’’ and inserting ‘‘$392’’; ‘‘(e)(1) A qualified individual (described in (a)’’ and inserting ‘‘subsection (a) or (e)’’. (C) by striking ‘‘$175’’ and inserting ‘‘$260’’; paragraph (2)) may make an irrevocable elec- and SEC. 4. INCREASE IN RATES OF SURVIVORS AND (D) by striking ‘‘$88’’ and inserting ‘‘$131’’. tion under this subsection, during the one- DEPENDENTS EDUCATIONAL ASSIST- year period beginning on the date of the en- ANCE. (2) The amendments made by paragraph (1) actment of this subsection, to become enti- (a) SURVIVORS AND DEPENDENTS EDU- shall take effect on October 1, 2002, and shall tled to basic educational assistance under CATIONAL ASSISTANCE.—(1) Section 3532 is apply with respect to educational assistance this chapter. Such an election shall be made amended— allowances paid under section 3687(b)(2) of in the same manner as elections made under (A) in subsection (a)(1)— title 38, United States Code, for months after subsection (a)(5). (i) by striking ‘‘$485’’ and inserting ‘‘$720’’; September 2002. ‘‘(2) A qualified individual referred to in (ii) by striking ‘‘$365’’ and inserting ‘‘$540’’; (3) In the case of an educational assistance paragraph (1) is an individual who meets the and allowance paid for a month after September following requirements: (iii) by striking ‘‘$242’’ and inserting 2000 and before October 2002 under section ‘‘(A) The individual was a participant in ‘‘$360’’; 3687 of such title, subsection (b)(2) of such the educational benefits program under (B) in subsection (a)(2), by striking ‘‘$485’’ section shall be applied by substituting— chapter 32 of this title on or before October and inserting ‘‘$720’’; (A) ‘‘$437’’ for ‘‘$353’’; 9, 1996. (C) in subsection (b), by striking ‘‘$485’’ (B) ‘‘$327’’ for ‘‘$264’’; ‘‘(B) The individual has continuously and inserting ‘‘$720’’; and (C) ‘‘$216’’ for ‘‘$175’’; and served on active duty since October 9, 1996 (D) in subsection (c)(2)— (D) ‘‘$109’’ for ‘‘$88’’. (excluding the periods referred to in section (i) by striking ‘‘$392’’ and inserting ‘‘$582’’; (e) PROVISION FOR ANNUAL ADJUSTMENTS TO 3202(1)(C) of this title), through at least (ii) by striking ‘‘$294’’ and inserting ‘‘$436’’; AMOUNTS OF ASSISTANCE.— April, 1, 2000. and (1) CHAPTER 35.—(A) Subchapter VI of chap- ‘‘(C) The individual meets the require- (iii) by striking ‘‘$196’’ and inserting ter 35 is amended by adding at the end the ments of subsection (a)(3). ‘‘$291’’. following new section: ‘‘(D) The individual is discharged or re- (2) The amendments made by paragraph (1) ‘‘§ 3564. Annual adjustment of amounts of leased from active duty with an honorable shall take effect on October 1, 2002, and shall educational assistance discharge. apply with respect to educational assistance ‘‘With respect to any fiscal year, the Sec- ‘‘(3)(A) Subject to succeeding provisions of allowances paid for months after September retary shall provide a percentage increase this paragraph, with respect to a qualified 2002. (rounded to the nearest dollar) in the rates individual who makes an election under (3) In the case of an educational assistance payable under sections 3532, 3534(b), and paragraph (1) to become entitled to basic allowance paid for a month after September 3542(a) of this title equal to the percentage education assistance under this chapter— 2000 and before October 2002 under section by which— ‘‘(i) the basic pay of the qualified indi- 3532 of such title— ‘‘(1) the Consumer Price Index (all items, vidual shall be reduced (in a manner deter- (A) subsection (a)(1) of such section shall United States city average) for the 12-month mined by the Secretary concerned) until the be applied by substituting— period ending on the June 30 preceding the total amount by which such basic pay is re- (i) ‘‘$600’’ for ‘‘$485’’; beginning of the fiscal year for which the in- duced is $2,700; and (ii) ‘‘$450’’ for ‘‘$365’’; and crease is made, exceeds ‘‘(ii) to the extent that basic pay is not so (iii) ‘‘$300’’ for ‘‘$242’’; ‘‘(2) such Consumer Price Index for the 12- reduced before the qualified individual’s dis- (B) subsection (a)(2) of such section shall month period preceding the 12-month period charge or release from active duty as speci- be applied by substituting ‘‘$600’’ for ‘‘$485’’; described in paragraph (1).’’. fied in subsection (a)(4), at the election of (C) subsection (b) of such section shall be (B) The table of sections at the beginning the qualified individual— applied by substituting ‘‘$600’’ for ‘‘$485’’; and of chapter 35 is amended by inserting after ‘‘(I) the Secretary concerned shall collect (D) subsection (c)(2) of such section shall the item relating to section 3563 the fol- from the qualified individual, or be applied by substituting— lowing new item: ‘‘(II) the Secretary concerned shall reduce (i) ‘‘$485’’ for ‘‘$392’’; the retired or retainer pay of the qualified (ii) ‘‘$364’’ for ‘‘$294’’; and ‘‘3564. Annual adjustment of amounts of edu- individual by, (iii) ‘‘$242’’ for ‘‘$196’’. cational assistance.’’. an amount equal to the difference between (b) CORRESPONDENCE COURSE.—(1) Section (2) CHAPTER 36.—Section 3687 is amended by $2,700 and the total amount of reductions 3534(b) is amended by striking ‘‘$485’’ and in- adding at the end the following new sub- under clause (i), which shall be paid into the serting ‘‘$720’’. section:

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.015 pfrm06 PsN: H23PT1 H3550 CONGRESSIONAL RECORD — HOUSE May 23, 2000 ‘‘(d) With respect to any fiscal year, the the enrollment of the eligible veteran or eli- graph (3), the amount of educational assist- Secretary shall provide a percentage in- gible person on an individual term basis if (i) ance payable under this chapter for a licens- crease (rounded to the nearest dollar) in the the period between such terms does not ex- ing or certification test described in section rates payable under subsection (b)(2) equal to ceed eight weeks, and (ii) both the terms pre- 3452(b) of this title is the lesser of $2,000 or the percentage by which— ceding and following the period are not the fee charged for the test. ‘‘(1) the Consumer Price Index (all items, shorter in length than the period.’’. ‘‘(2) The number of months of entitlement United States city average) for the 12-month (b) EFFECTIVE DATE.—The amendment charged in the case of any individual for period ending on the June 30 preceding the made by subsection (a) shall apply with re- such licensing or certification test is equal beginning of the fiscal year for which the in- spect to payments of educational assistance to the number (including any fraction) deter- crease is made, exceeds under title 38, United States Code, for mined by dividing the total amount paid to ‘‘(2) such Consumer Price Index for the 12- months beginning on or after the date of the such individual for such test by the full-time month period preceding the 12-month period enactment of this Act. monthly institutional rate of the edu- described in paragraph (1).’’. SEC. 7. AVAILABILITY OF EDUCATION BENEFITS cational assistance allowance which, except (3) EFFECTIVE DATE.—The amendments FOR PAYMENT FOR LICENSING OR for paragraph (1) of this subsection, such in- made by this subsection shall apply with re- CERTIFICATION TESTS. dividual would otherwise be paid under this spect to fiscal year 2002 and each fiscal year (a) IN GENERAL.—Sections 3452(b) and chapter. beginning on or after October 1, 2003. 3501(a)(5) are each amended by adding at the ‘‘(3) In no event shall payment of edu- SEC. 5. ADJUSTED EFFECTIVE DATE FOR AWARD end the following new sentence: ‘‘Such term cational assistance under this subsection for OF SURVIVORS’ AND DEPENDENTS’ also includes licensing or certification tests, such a test exceed the amount of the individ- EDUCATIONAL ASSISTANCE. the successful completion of which dem- ual’s available entitlement under this chap- (a) IN GENERAL.—Section 5113 is amended— onstrates an individual’s possession of the ter.’’. (1) by redesignating subsection (b) as sub- knowledge or skill required to enter into, (4) CHAPTER 35.—Section 3532 is amended by section (c); maintain, or advance in employment in a adding at the end the following new sub- (2) in subsection (a), by striking ‘‘sub- predetermined and identified vocation or section: section (b) of this section’’ and inserting profession, provided such tests and the li- ‘‘(f) PAYMENT AMOUNT FOR LICENSING OR ‘‘subsections (b) and (c)’’; and censing or credentialing organizations or en- CERTIFICATION TEST.—(1) Subject to para- (3) by inserting after subsection (a) the fol- tities that offer such tests are approved by graph (3), the amount of educational assist- lowing new subsection: the Secretary in accordance with section ance payable under this chapter for a licens- ‘‘(b)(1) When determining the effective date 3689 of this title.’’. ing or certification test described in section of an award of survivors’ and dependents’ (b) AMOUNT OF PAYMENT.— 3452(b) of this title is the lesser of $2,000 or educational assistance under chapter 35 of (1) CHAPTER 30.—Section 3032 is amended by the fee charged for the test. this title for an individual described in para- adding at the end the following new sub- ‘‘(2) The number of months of entitlement graph (2) based on an original claim, the Sec- section: charged in the case of any individual for retary shall consider the individual’s appli- ‘‘(g) PAYMENT AMOUNT FOR LICENSING OR such licensing or certification test is equal cation (under section 3513 of this title) as CERTIFICATION TEST.—(1) Subject to para- to the number (including any fraction) deter- having been filed on the effective date from graph (3), the amount of educational assist- mined by dividing the total amount paid to which the Secretary, by rating decision, de- ance payable under this chapter for a licens- such individual for such test by the full-time termines that the individual is entitled to ing or certification test described in section monthly institutional rate of the edu- such educational assistance (such entitle- 3452(b) of this title is the lesser of $2,000 or cational assistance allowance which, except ment being based on the total service-con- the fee charged for the test. for paragraph (1) of this subsection, such in- nected disability evaluated as permanent in ‘‘(2) The number of months of entitlement dividual would otherwise be paid under this nature, or the service-connected death, of charged in the case of any individual for chapter. the spouse or parent from whom the individ- such licensing or certification test is equal ‘‘(3) In no event shall payment of edu- ual’s eligibility is derived) if that date is to the number (including any fraction) deter- cational assistance under this subsection for more than one year before the date such rat- mined by dividing the total amount of edu- such a test exceed the amount of the individ- ing decision is made. cational assistance paid such individual for ual’s available entitlement under this chap- ‘‘(2) An individual referred to in paragraph such test by the full-time monthly institu- ter.’’. (1) is a person who is eligible for educational tional rate of educational assistance which, (c) REQUIREMENTS FOR LICENSING AND assistance under chapter 35 of this title by except for paragraph (1) of this subsection, CREDENTIALING TESTING.— reason of subparagraph (A)(i), (A)(ii), (B), or such individual would otherwise be paid (1) IN GENERAL.—Chapter 36 is amended by (D) of section 3501(a)(1) of this title who— under subsection (a)(1), (b)(1), (d), or (e)(1) of inserting after section 3688 the following new ‘‘(A) submits to the Secretary an original section 3015 of this title, as the case may be. section: application under such section 3513 for such ‘‘(3) In no event shall payment of edu- educational assistance within one year of the cational assistance under this subsection for ‘‘§ 3689. Approval requirements for licensing date that the Secretary issues the rating de- such a test exceed the amount of the individ- and certification testing cision referred to in paragraph (1); ual’s available entitlement under this chap- ‘‘(a) IN GENERAL.—(1) No payment may be ‘‘(B) claims such educational assistance for ter.’’. made for a licensing or certification test de- an approved program of education for (2) CHAPTER 32.—Section 3232 is amended by scribed in section 3452(b) or section 3501(a)(5) months preceding the one-year period ending adding at the end the following new sub- of this title unless the Secretary determines on the date on which the individual’s appli- section: that the requirements of this section have cation under such section was received by ‘‘(c) PAYMENT AMOUNT FOR LICENSING OR been met with respect to such test and the the Secretary; and CERTIFICATION TEST.—(1) Subject to para- organization or entity offering the test. The ‘‘(C) would have been entitled to such edu- graph (3), the amount of educational assist- requirements of approval for tests and orga- cational assistance for such course pursuit ance payable under this chapter for a licens- nizations or entities offering tests shall be in for such months, without regard to this sub- ing or certification test described in section accordance with the relevant provisions of section, if the individual had submitted such 3452(b) of this title is the lesser of $2,000 or this part and with such regulations promul- an application on the effective date from the fee charged for the test. gated by the Secretary to carry out this sec- which the Secretary determined the indi- ‘‘(2) The number of months of entitlement tion. vidual was eligible for such educational as- charged in the case of any individual for ‘‘(2) To the extent that the Secretary de- sistance.’’. such licensing or certification test is equal termines practicable, State approving agen- (b) EFFECTIVE DATE.—The amendments to the number (including any fraction) deter- cies may, in lieu of the Secretary, approve li- made by subsection (a) shall apply to appli- mined by dividing the total amount paid to censing and certification tests, and organiza- cations first made under section 3513 of title such individual for such test by the full-time tions and entities offering such tests, under 38, United States Code, that— monthly institutional rate of the edu- this section. (1) are received on or after the date of the cational assistance allowance which, except ‘‘(b) REQUIREMENTS FOR TESTS.—(1) Subject enactment of this Act, or for paragraph (1) of this subsection, such in- to paragraph (2), a licensing or certification (2) on the date of the enactment of this dividual would otherwise be paid under this test is approved for purposes of this section Act, are pending (A) with the Secretary of chapter. only if— Veterans Affairs or (B) exhaustion of avail- ‘‘(3) In no event shall payment of edu- ‘‘(A) the test is required under Federal, able administrative and judicial remedies. cational assistance under this subsection for State, or local law or regulation for an indi- SEC. 6. REVISION OF EDUCATIONAL ASSISTANCE such a test exceed the amount of the individ- vidual to enter into, maintain, or advance in INTERVAL PAYMENT REQUIRE- ual’s available entitlement under this chap- employment in a predetermined and identi- MENTS. ter.’’. fied vocation or profession, or (a) IN GENERAL.—Subclause (C) of the third (3) CHAPTER 34.—Section 3482 is amended by ‘‘(B) the Secretary determines that the sentence of section 3680(a) is amended to adding at the end the following new sub- test is generally accepted, in accordance read as follows: section: with relevant government, business, or in- ‘‘(C) during periods between school terms ‘‘(h) PAYMENT AMOUNT FOR LICENSING OR dustry standards, employment policies, or where the educational institution certifies CERTIFICATION TEST.—(1) Subject to para- hiring practices, as attesting to a level of

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.015 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3551 knowledge or skill required to qualify to ‘‘(I) Upon request of the Secretary, the or- ‘‘(5) The Committee shall terminate De- enter into, maintain, or advance in employ- ganization or entity furnishes such informa- cember 31, 2006.’’. ment in a predetermined and identified voca- tion to the Secretary that the Secretary de- (2) CLERICAL AMENDMENT.—The table of tion or profession. termines necessary to perform an assessment sections at the beginning of chapter 36 is ‘‘(2) A licensing or certification test of- of— amended by inserting after the item relating fered by a State, or a political subdivision of ‘‘(i) the test conducted by the organization to section 3688 the following new item: the State, is deemed approved by the Sec- or entity as compared to the level of knowl- ‘‘3689. Approval requirements for licensing retary. edge or skills that a license or certificate at- and certification testing.’’. tests, and ‘‘(c) REQUIREMENTS FOR ORGANIZATIONS OR (d) EFFECTIVE DATE.—The amendments ENTITIES OFFERING TESTS.—(1) Each organi- ‘‘(ii) the applicability of the test over such made by this section shall take effect on Oc- zation or entity that is not an entity of the periods of time as the Secretary determines tober 1, 2000, and apply with respect to li- United States, a State, or political subdivi- appropriate. censing and certification tests approved by ‘‘(2) With respect to each organization or sion of a State, that offers a licensing or cer- the Secretary on or after such date. tification test for which payment may be entity that is an entity of the United States, a State, or political subdivision of a State, SEC. 8. EXTENSION OF CERTAIN TEMPORARY AU- made under this part, and that meets the fol- THORITIES. that offers a licensing or certification test lowing requirements shall be approved by (a) ENHANCED LOAN ASSET SALE AUTHOR- for which payment may be made under this the Secretary to offer such test: ITY.—Section 3720(h)(2) is amended by strik- part, the following provisions of paragraph ‘‘(A) The organization or entity certifies to ing ‘‘December 31, 2002’’ and inserting ‘‘De- (1) shall apply to the entity: subparagraphs the Secretary that each licensing or certifi- cember 31, 2008’’. (E), (F), (G), and (H). cation test offered by the organization or en- (b) HOME LOAN FEES.—Section 3729(a) is tity is required to obtain the license or cer- ‘‘(d) ADMINISTRATION.—(1) Except as other- wise specifically provided in this section or amended— tificate required to enter into, maintain, or (1) in paragraph (4)(B)— advance in employment in a predetermined part, in implementing this section and mak- ing payment under this part for a licensing (A) by striking ‘‘2002’’ and inserting ‘‘2008’’; and identified vocation or profession. and ‘‘(B) The organization or entity is licensed, or certification test, the test is deemed to be a ‘course’ and the organization or entity that (B) by striking ‘‘2003’’ and inserting ‘‘2009’’; chartered, or incorporated in a State and has and offered such tests for a minimum of two offers such test is deemed to be an ‘institu- tion’ or ‘educational institution’, respec- (2) in paragraph (5)(C), by striking ‘‘Octo- years before the date on which the organiza- ber 1, 2002’’ and inserting ‘‘October 1, 2008’’. tion or entity first submits to the Secretary tively, as those terms are applied under and for purposes of sections 3671, 3673, 3674, 3678, (c) PROCEDURES APPLICABLE TO LIQUIDATION an application for approval under this sec- SALES ON DEFAULTED HOME LOANS GUARAN- tion. 3679, 3681, 3682, 3683, 3685, 3690, and 3696 of this title. TEED BY THE DEPARTMENT OF VETERANS AF- ‘‘(C) The organization or entity employs, FAIRS.—Section 3732(c)(11) is amended by or consults with, individuals with expertise ‘‘(2) The Secretary shall use amounts ap- propriated to the Department in fiscal year striking ‘‘October 1, 2002’’ and inserting ‘‘Oc- or substantial experience with respect to all tober 1, 2008’’. areas of knowledge or skill that are meas- 2001 for readjustment benefits to develop the systems and procedures required to make (d) INCOME VERIFICATION AUTHORITY.—Sec- ured by the test and that are required for the tion 5317(g) is amended by striking ‘‘Sep- license of certificate issued. payments under this part for a licensing or certification test, such amounts not to ex- tember 30, 2002’’ and inserting ‘‘September ‘‘(D) The organization or entity has no di- 30, 2008’’. rect financial interest in— ceed $3,000,000. ‘‘(e) PROFESSIONAL CERTIFICATION AND LI- (e) LIMITATION ON PENSION FOR CERTAIN RE- ‘‘(i) the outcome of a test, or CENSURE ADVISORY COMMITTEE.—(1) There is CIPIENTS OF MEDICAID-COVERED NURSING ‘‘(ii) organizations that provide the edu- established within the Department a com- HOME CARE.—Section 5503(f)(7) is amended by cation or training of candidates for licenses mittee to be known as the Professional Cer- striking ‘‘September 30, 2002’’ and inserting or certificates required for vocations or pro- tification and Licensure Advisory Com- ‘‘September 30, 2008’’. fessions. mittee (hereinafter in this section referred SEC. 9. CODIFICATION OF RECURRING PROVI- ‘‘(E) The organization or entity maintains to as the ‘Committee’). SIONS IN ANNUAL DEPARTMENT OF appropriate records with respect to all can- ‘‘(2) The Committee shall advise the Sec- VETERANS AFFAIRS APPROPRIA- TIONS ACTS. didates who take such a test for a period pre- retary with respect to the requirements of scribed by the Secretary, but in no case for organizations or entities offering licensing (a) CODIFICATION OF RECURRING PROVI- a period of less than three years. and certification tests to individuals for SIONS.—(1) Section 313 is amended by adding ‘‘(F)(i) The organization or entity prompt- which payment for such tests may be made at the end the following new subsections: ly issues notice of the results of the test to under this part, and such other related issues ‘‘(c) COMPENSATION AND PENSION.—Funds the candidate for the license or certificate. as the Committee determines to be appro- appropriated for Compensation and Pensions ‘‘(ii) The organization or entity has in priate. are available for the following purposes: place a process to review complaints sub- ‘‘(3)(A) The Secretary shall appoint five in- ‘‘(1) The payment of compensation benefits mitted against the organization or entity dividuals with expertise in matters relating to or on behalf of veterans as authorized by with respect to a test the organization or en- to licensing and certification tests to serve section 107 and chapters 11, 13, 51, 53, 55, and tity offers or the process for obtaining a li- as members of the Committee, of whom— 61 of this title. cense or certificate required for vocations or ‘‘(i) one shall be a representative of the Co- ‘‘(2) Pension benefits to or on behalf of vet- professions. alition for Professional Certification, erans as authorized by chapters 15, 51, 53, 55, ‘‘(G) The organization or entity furnishes ‘‘(ii) one shall be a representative of the and 61 of this title and section 306 of the Vet- to the Secretary such information with re- Council on Licensure and Enforcement, and erans’ and Survivors’ Pension Improvement spect to a licensing or certification test of- ‘‘(iii) one shall be a representative of the Act of 1978. fered by the organization or entity as the National Skill Standards Board (established ‘‘(3) The payment of benefits as authorized Secretary requires to determine whether under section 503 of the National Skill under chapter 18 of this title. payment may be made for the test under this Standards Act of 1994 (20 U.S.C. 5933)). ‘‘(4) Burial benefits, emergency and other part, including personal identifying informa- ‘‘(B) The Secretary of Labor and the Sec- officers’ retirement pay, adjusted-service tion, fee payment, and test results. Such in- retary of Defense shall serve as ex-officio credits and certificates, payments of pre- formation shall be furnished in the form pre- members of the Committee. miums due on commercial life insurance scribed by the Secretary. ‘‘(C) A vacancy in the Committee shall be policies guaranteed under the provisions of ‘‘(H) The organization or entity furnishes filled in the manner in which the original ap- article IV of the Soldiers’ and Sailors’ Civil to the Secretary the following information: pointment was made. Relief Act of 1940 (50 U.S.C. App. 540 et seq.), ‘‘(i) A description of each licensing or cer- ‘‘(4)(A) The Secretary shall appoint the and other benefits as authorized by sections tification test offered by the organization or chairman of the Committee. 107, 1312, 1977, and 2106 and chapters 23, 51, 53, entity, including the purpose of each test, ‘‘(B) The Committee shall meet at the call 55, and 61 of this title and the World War Ad- the vocational, professional, governmental, of the chairman. justed Compensation Act (43 Stat. 122, 123), and other entities that recognize the test, ‘‘(C)(i) Members of the Committee shall the Act of May 24, 1928 (Public Law No. 506 and the license of certificate issued upon serve without compensation. of the 70th Congress; 45 Stat. 735), and Public successful completion of the test. ‘‘(ii) Members of the Committee shall be Law 87–875 (76 Stat. 1198). ‘‘(ii) The requirements to take such a test, allowed reasonable and necessary travel ex- ‘‘(d) MEDICAL CARE.—Funds appropriated including the amount of the fee charged for penses, including per diem in lieu of subsist- for Medical Care are available for the fol- the test and any prerequisite education, ence, at rates authorized for persons serving lowing purposes: training, skills, or other certification. intermittently in the Government service in ‘‘(1) The maintenance and operation of hos- ‘‘(iii) The period for which the license or accordance with the provisions of subchapter pitals, nursing homes, and domiciliary facili- certificate awarded upon successful comple- I of chapter 57 of title 5 while away from ties. tion of such a test is valid, and the require- their homes or regular places of business in ‘‘(2) Furnishing, as authorized by law, in- ments for maintaining or renewing the li- the performance of the responsibilities of the patient and outpatient care and treatment cense or certificate. Committee. to beneficiaries of the Department, including

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.015 pfrm06 PsN: H23PT1 H3552 CONGRESSIONAL RECORD — HOUSE May 23, 2000 care and treatment in facilities not under of the Department which are necessary be- (B) The table of sections at the beginning the jurisdiction of the Department. cause of loss or damage caused by a natural of such chapter, as amended by section ‘‘(3) Furnishing recreational facilities, sup- disaster or catastrophe; and 9(2)(B), is further amended by adding at the plies, and equipment. ‘‘(2) temporary measures necessary to pre- end the following new item: ‘‘(4) Funeral and burial expenses and other vent or to minimize further loss by such ‘‘117. Reports to Congress: cost informa- expenses incidental to funeral and burial ex- causes.’’. tion.’’. penses for beneficiaries receiving care from (2)(A) Chapter 1 is amended by adding at (2) EFFECTIVE DATE.—Section 117 of title the Department. the end the following new section: 38, United States Code, as added by para- ‘‘(5) Administrative expenses in support of ‘‘§ 116. Definition of cost of direct and guaran- graph (1) of this subsection, shall apply with planning, design, project management, real teed loans respect to any report submitted by the Sec- property acquisition and disposition, con- ‘‘For the purpose of any provision of law retary of Veterans Affairs after the end of struction, and renovation of any facility appropriating funds to the Department for the 90-day period beginning on the date of under the jurisdiction or for the use of the the cost of direct or guaranteed loans, the the enactment of this Act. Department. cost of any such loan, including the cost of The SPEAKER pro tempore. Pursu- ‘‘(6) Oversight, engineering, and architec- modifying any such loan, shall be as defined ant to the rule, the gentleman from Ar- tural activities not charged to project cost. in section 502 of the Congressional Budget izona (Mr. STUMP) and the gentleman ‘‘(7) Repairing, altering, improving, or pro- Act of 1974 (2 U.S.C. 661a).’’. viding facilities in the medical facilities and from Illinois (Mr. EVANS) each will con- (B) The table of sections at the beginning homes under the jurisdiction of the Depart- trol 20 minutes. of such chapter is amended by adding at the ment, not otherwise provided for, either by The Chair recognizes the gentleman end the following new item: contact or by the hire of temporary employ- from Arizona (Mr. STUMP). ees and purchase of materials. ‘‘116. Definition of cost of direct and guaran- GENERAL LEAVE ‘‘(8) Uniforms or uniform allowances, as teed loans.’’. Mr. STUMP. Mr. Speaker, I ask authorized by sections 5901 and 5902 of title 5. (b) EFFECTIVE DATE.—Subsections (c) unanimous consent that all Members ‘‘(9) Aid to State homes, as authorized by through (h) of section 313 of title 38, United may have 5 legislative days within section 1741 of this title. States Code, as added by subsection (a)(1), which to revise and extend their re- ‘‘(10) Administrative and legal expenses of and section 116 of such title, as added by sub- the Department for collecting and recov- section (a)(2), shall take effect with respect marks and include extraneous material ering amounts owed the Department as au- to funds appropriated for fiscal year 2002. on S. 1402. thorized under chapter 17 of this title and SEC. 10. PRESERVATION OF CERTAIN REPORTING The SPEAKER pro tempore. Is there Public Law 87–693, popularly known as the REQUIREMENTS. objection to the request of the gen- Federal Medical Care Recovery Act (42 (a) INAPPLICABILITY OF PRIOR REPORTS TER- tleman from Arizona? U.S.C. 2651 et seq.). MINATION PROVISION TO CERTAIN REPORTS OF There was no objection. ‘‘(e) MEDICAL ADMINISTRATION AND MIS- THE DEPARTMENT OF VETERANS AFFAIRS.— Mr. STUMP. Mr. Speaker, I yield my- CELLANEOUS OPERATING EXPENSES.—Funds Section 3003(a)(1) of the Federal Reports self such time as I may consume. appropriated for Medical Administration and Elimination and Sunset Act of 1995 (31 U.S.C. (Mr. STUMP asked and was given Miscellaneous Operating Expenses are avail- 1113 note) does not apply to any report re- permission to revise and extend his re- able for the following purposes: quired to be submitted under any of the fol- marks.) ‘‘(1) The administration of medical, hos- lowing sections of title 38, United States pital, nursing home, domiciliary, construc- Mr. STUMP. Mr. Speaker, the com- Code: sections 503(c), 529, 541(c), 542(c), 3036, mittee amendment to S. 1402 is H.R. tion, supply, and research activities author- and 7312(d). 4268, the Veterans and Dependents Mil- ized by law. (b) REPEAL OF REPORTING REQUIREMENTS ‘‘(2) Administrative expenses in support of TERMINATED BY PRIOR LAW.—Sections lennium Education Act. This bill was planning, design, project management, ar- 8111A(f) and 8201(h) are repealed. favorably reported by the Committee chitectural work, engineering, real property (c) SUNSET OF CERTAIN REPORTING REQUIRE- on Veterans’ Affairs on May 11. acquisition and disposition, construction, MENTS.— Last year, the report of the congres- and renovation of any facility under the ju- (1) ANNUAL REPORT ON EQUITABLE RELIEF sional commission on service members risdiction or for the use of the Department, CASES.—Section 503(c) is amended by adding and veterans transition assistance, bet- including site acquisition. at the end the following new sentence: ‘‘No ter known as the Principi Commission, ‘‘(3) Engineering and architectural activi- report shall be required under this sub- ties not charged to project costs. indicated that substantial increases in section after December 31, 2004.’’. veterans’ education programs are need- ‘‘(4) Research and development in building (2) BIENNIAL REPORT OF ADVISORY COM- construction technology. MITTEE ON FORMER PRISONERS OF WAR.—Sec- ed. The Committee on Veterans’ Af- ‘‘(f) GENERAL OPERATING EXPENSES.—Funds tion 541(c)(1) is amended by inserting fairs agreed with that assessment. H.R. appropriated for General Operating Expenses ‘‘through 2003’’ after ‘‘each odd-numbered 4268 would take our first steps to im- are available for the following purposes: year’’. prove veterans’ education benefits as ‘‘(1) Uniforms or allowances therefor. (3) BIENNIAL REPORT OF ADVISORY COM- recommended in the commission re- ‘‘(2) Hire of passenger motor vehicles. MITTEE ON WOMEN VETERANS.—Section ‘‘(3) Reimbursement of the General Serv- port. It would increase the Mont- 542(c)(1) is amended by inserting ‘‘through gomery GI Bill from $536 to $600 per ices Administration for security guard serv- 2004’’ after ‘‘each even-numbered year’’. ices. month on October 1, 2000, and to $720 a (4) BIENNIAL REPORTS ON MONTGOMERY GI ‘‘(4) Reimbursement of the Department of month on October 1, 2002. Educational BILL.—Subsection (d) of section 3036 is Defense for the cost of overseas employee amended to read as follows: assistance benefits for survivors and mail. ‘‘(d) No report shall be required under this dependents would be raised at the same ‘‘(5) Administration of the Service Mem- section after January 1, 2005.’’. amount. bers Occupational Conversion and Training (5) ANNUAL REPORT OF SPECIAL MEDICAL AD- H.R. 4268 would also furnish individ- Act of 1992 (10 U.S.C. 1143 note). VISORY GROUP.—Section 7312(d) is amended uals still on active duty the option to ‘‘(g) CONSTRUCTION.—Funds appropriated by adding at the end the following new sen- for Construction, Major Projects, and for convert to Montgomery GI Bill eligi- tence: ‘‘No report shall be required under Construction, Minor Projects, are available, bility if they were eligible for the post- this subsection after December 31, 2004.’’. with respect to a project, for the following Vietnam era Veterans’ Educational As- (d) COST INFORMATION TO BE PROVIDED purposes: sistance Program. More needs to be ‘‘(1) Planning. WITH EACH REPORT REQUIRED BY CONGRESS.— (1) IN GENERAL.—(A) Chapter 1, as amended done on this to bring the Montgomery ‘‘(2) Architectural and engineering serv- GI Bill benefits in line with the rising ices. by section 9(2)(A), is further ‘‘(3) Maintenance or guarantee period serv- amended by adding at the end the following cost of education, but this bill is a good ices costs associated with equipment guaran- new section: start. We have worked closely with the tees provided under the project. ‘‘§ 117. Reports to Congress: cost information Committee on the Budget on this legis- ‘‘(4) Services of claims analysts. ‘‘Whenever the Secretary submits to Con- lation, which is paid for under the pay- ‘‘(5) Offsite utility and storm drainage sys- gress, or any committee of Congress, a re- go requirements of the Budget Act. I tem construction costs. port that is required by law or by a joint ex- want to personally thank the gen- planatory statement of a committee of con- ‘‘(6) Site acquisition. tleman from Ohio (Mr. KASICH) for his ‘‘(h) CONSTRUCTION, MINOR PROJECTS.—In ference of the Congress, the Secretary shall addition to the purposes specified in sub- include with the report— support of this proposal and for work- section (g), funds appropriated for Construc- ‘‘(1) a statement of the cost of preparing ing to include it in the budget resolu- tion, Minor Projects, are available for— the report; and tion. ‘‘(1) repairs to any of the nonmedical fa- ‘‘(2) a brief explanation of the methodology I urge my colleagues to support pas- cilities under the jurisdiction or for the use used in preparing that cost statement.’’. sage of S. 1402, as amended.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.015 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3553 Mr. Speaker, I reserve the balance of gomery GI Bill basic monthly benefit and make $100 per month pay reduction during the first my time. other improvements to his important veterans' 12 months of service, for a total contribution of Mr. EVANS. Mr. Speaker, I yield my- readjustment program. I also want to recog- $1200. Once their initial term of service has self such time as I may consume. nize the gentleman from Mississippi, RONNIE been honorably served, a veteran is eligible to First, I want to thank the gentleman SHOWS, for his determined advocacy for vet- receive the basic educational benefit of $536 from Arizona (Mr. STUMP) for his lead- erans. He is a leader on veterans' educational each month he or she is enrolled in full-time ership on this legislation before us benefits and health care for our military retir- college study. The benefit continues for up to today. I am optimistic that the House ees. On behalf of our veterans, I thank him for 36 months. Assuming he or she is enrolled for will enact legislation to increase the his leadership on these and so many other im- Montgomery GI Bill basic monthly portant issues. a typical nine-month academic year, the vet- benefit and make other improvements Mr. Speaker, I also welcome support from eran's total benefit for that year is $4,824. to this important veterans’ readjust- the Administration for needed benefit in- With this modest amount he or she is ex- ment program. I am very pleased that creases in the Montgomery GI Bill. The Ad- pected to pay for tuition, fees, room and the person who provided the inspira- ministration has proposed to increase the board. tion for this program, Sonny Mont- basic monthly benefit to $670 per month effec- The average annual cost of tuition and basic gomery, has joined us today. We appre- tive October 1st this year. This would provide expenses at a four-year public college is ciate his attendance. We are very a very significant 25% increase in the monthly $8,774 for commuter students and $10,909 for pleased that he came up with the idea benefit. I believe every Member of the Com- students who live on campus. Not surprisingly, of the new GI Bill, and we will work mittee on Veterans Affairs believes this in- with him in the future. crease is needed, long overdue, and rep- the same annual costs for four-year private I also want to recognize the other resents a step in the right direction. I look for- colleges are even higher: $20,500 for com- gentleman from Mississippi (Mr. ward to working with the Administration in the muter students and $23,651 for residents. the SHOWS) for his determined advocacy for future as we move forward with the subse- disparity between these ever-increasing costs veterans. He is a leader on veterans’ quent steps necessary to restore the original and a veteran's ability to pay for them is clear. educational benefits and health care purchasing power to the GI Bill. This disparity recently prompted key military for our retirees. On behalf of our vet- Last year, Chairman STUMP and I introduced and veteran organizations to join together with erans, I want to thank him for his lead- separate measures to improve the Mont- organizations representing colleges to form ership on these and many other impor- gomery GI bill. The legislation which I au- the ``Partnership for Veterans' Education.'' The tant issues. I also welcome the support thored with Congressman DINGELL, H.R. 1071, coalition launched an energetic campaign call- of the administration for needed ben- is cosponsored by 143 members of the ing for Congress to at least go as far as in- efit increases in the Montgomery GI House. H.R. 1071 provides the meaningful in- creasing the basic benefit under the MGIB to Bill. The administration has proposed crease in educational benefits I believe our $975 per month, enough to cover the $8,774 to increase the basic monthly benefit nation should provide the women and men average annual cost of attending a four-year to $670 per month effective October 1 of who serve our country in the Armed Forces. public college as a commuter student. this year. That would provide a very Historically, the MGIB program has been the significant 25 percent increase in the most important recruiting incentive for the As I've stated already, H.R. 4268 will not monthly benefit. armed services. But the value of these bene- meet these overwhelming education costs I think every member of our com- fits has failed to keep up with the spiraling standing on its own. It is an important step in mittee believes that this increase is costs of higher education. Enhancements to the right direction, though, as Congress seeks needed, long overdue, and a step in the rectify this problem with the MGIB are long to find ways to fully restore the GI Bill's pur- right direction. The administration’s overdue. I strongly agree with the report of the chasing power to what was originally intended. support for benefit increases in the GI Congressional Commission on Service mem- As introduced, section two of H.R. 4268 would Bill is very welcome, and I look for- bers and Veterans Transition Assistance, increase the basic benefit under the GI Bill ward to working with them in the fu- which concluded ``. . . an opportunity to obtain from $536 to $600 per month on October 1, ture. the best education for which they qualify is the 2000 and to $720 per month on October 1, Last year, the gentleman from Ari- most valuable benefit our Nation can offer the 2002, for full-time students, with proportionate zona and I introduced separate meas- men and women whose military service pre- increases for part-time students. Section three ures to improve the Montgomery GI serves our liberty.'' I applaud the Commis- would furnish individuals still on active duty Bill. The legislation I authored with sion's bold, new plan for the MGIB. This pro- who either turned down a previous opportunity the gentleman from Michigan (Mr. DIN- posal, however, must be further strengthened to convert to the MGIB or had a zero balance GELL), H.R. 1071, is cosponsored by 143 and enhanced if the MGIB is to fulfill its pur- in their Vietnam era Veterans' Education As- Members of our House of Representa- poses as a meaningful readjustment benefit sistance Program (VEAP) account, the option tives. This includes a large representa- and as an effective recruitment incentive for to pay $2,700 to convert to MGIB eligibility. tion of the Members, and it is a great our Armed Forces. Since implementation of Section four would increase survivors' and honor to support the gentleman from the Montgomery GI Bill on July 1, 1985, there dependents' educational assistance benefits Arizona’s leadership on this issue. H.R. have been major changes in the economic 1071 would provide the meaningful in- and sociological landscapes that make revi- for full-time students from $485 to $600 per crease in educational benefits I believe sions in the structure and benefit level of this month effective October 1, 2000, and $720 our Nation should provide to the program imperative. per month effective October 1, 2002, with pro- women and men who serve our country Of immediate concern is the ineffectiveness portionate increases from part-time students. in the Armed Forces by restoring the of the MGIB as a readjustment program for An annual cost of living adjustment is also au- GI Bill’s purchasing power. Mr. Speak- service members making the transition from a thorized. er, we know H.R. 4268 is only the first military to a civilian workforce. Although costs Section five would permit the award of Sur- step toward improving the Mont- of education have soared, nearly doubling vivors' and Dependents' Educational Assist- gomery GI Bill program in a meaning- since 1980, GI Bill benefits have not kept ance payments to be retroactive to the date of ful way. This legislation does comply pace. In fact, during the 1995±96 school year, VA's adjudication of a service-connected with pay-go. Congress can enact it. It the basic benefit paid under the MGIB offsets will provide real benefit increases for only a paltry 36 percent of average total edu- death or a 100% disability rating. Section six veterans and their dependents. That is cation costs, and the disappointingly low would solve a problem that faces a small num- why I hope the House will approve this usage rate of 51% for 1998 confirms the inad- ber of students whose schools have different unanimously today. equacy of the current program's benefit levels. schedules. It would allow for monthly edu- Mr. Speaker, first, I want to thank Chairman Under current law, young men and women cational assistance benefits to be paid be- STUMP for his leadership on the legislation be- who serve in our Armed Forces have the op- tween term, quarter, or semester intervals of fore us today. I am optimistic that Congress tion of enrolling in the MGIB when they enter up to 8 weeks in duration. Section seven will enact legislation to increase the Mont- the military. This includes their agreement to a would allow the use of Montgomery GI Bill

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.052 pfrm06 PsN: H23PT1 H3554 CONGRESSIONAL RECORD — HOUSE May 23, 2000 benefits to pay for fee associated with a vet- fully compete in the challenging 21st century GAO notes that it costs at least $35,000 to re- eran's civilian occupational licensing or certifi- workforce, they simply have to have the ability place a recruit who leaves the service pre- cation examination. to obtain the education and training critical to maturely. The report states these findings un- To offset the costs of H.R. 4268, section their success. As noted by the Transition derscore the need for education benefits that eight of the bill as introduced, would extend Commission, ``. . . education will be the key will attract college-bound youth who need temporary authorities to 2008 that would oth- to employment in the information age.'' money for school, a segment of American erwise expire on September 30, 2002. These According to the 1997 Department of De- young people we conclude are not opting to include a VA enhanced loan asset authority fense report entitled ``Population Representa- take advantage of the many other sources of guaranteeing the payment of principal and in- tion in the Military Services,'' 20% of the new federal education assistance. The current terest on VA-issued certificates or other secu- enlisted recruits for that year were African structure and benefit level of the MGIB must rities; VA home loan fees of three-quarters of American, 10% were Hispanic, 6% were other be significantly amended if these high quality 1 percent of the total loan amount, procedures minorities, including Native Americans, Asians, young men and women are to be attracted to applicable to liquidation sales on defaulted and Pacific Islanders, and 18% were women. service in our Armed Forces. home loans guaranteed by VA; VA/Depart- The report further notes that, although mem- ment of Health and Human Services income bers of the military come from backgrounds The Army has been missing its enlistment verification authority in which VA verifies the somewhat lower in socioeconomic status than goals several times now. Additionally, for the eligibility of, or applicants for, VA needs-based the U.S. average, these young men and first time since 1979, the Air Force may be benefits and VA means-tested medical care by women have higher levels of education, meas- missing its targets too. Although the Navy and gaining access to income records of the De- ured aptitudes, and reading skills than their ci- Marine Corps are currently meeting their en- partment of Health and Human Services/So- vilian counterparts. These young people, most listment goals, they will likely miss them in the cial Security Administration and the Internal of whom do not enter military service with fi- future unless we take quick and effective ac- Revenue Service; and limitation on VA pen- nancial or socioeconomic advantages, have tion. The CINC, U.S. Atlantic Fleet, Admiral sion on veterans without dependents receiving enormous potential, and it is in the best inter- Paul Reason, recently reported to the Senate Medicaid-covered nursing home care. ests of the nation they be given every oppor- Armed Services Committee that the last three In addition, section nine of the bill would tunity to achieve their highest potential. Ac- carrier battle groups have deployed with codify recurring provisions in annual VA ap- cess to education is the key to achieving that forces below the required manning level. Spe- propriations acts, and section ten would rein- potential. It is also important to remember that, cifically, the U.S.S. Theodore Roosevelt battle state the requirements that the Secretary pro- through the sacrifices required of them group deployed last year with 9% of its posi- vide periodic reports. Specifically, these con- through their military service, this group of tions unfilled. These are strong indications of cern reports on equitable relief granted by the young AmericansÐmore than any otherÐ a coming readiness crisis, and we must not ig- Secretary to an individual beneficiary (expires earns the benefits provided for them by a nore these disturbing signals. December 31, 2004); work and activities of the grateful nation. Many factors have come together to create Department; programs and activities examined Of equal concern to me as a member of the what could soon develop into a recruiting by the Advisory Committees on Former Pris- Armed Services Committee is the MGIB pro- emergency. First, our thriving national econ- oners of War and Women Veterans (expires gram's failure to fulfill its purpose as a recruit- omy is generating employment opportunities after biennial reports submitted in 2003); oper- ment incentive for the Armed Forces. Findings for our young people. Additionally, young ation of the Montgomery GI Bill educational of the 1998 Youth Attitude Tracking Study Americans increasingly see a college edu- assistance program (expires December 31, (YATS)Ðconfirm that recruiters are faced with cation as the key to success and prosperity. In 2004); and the activities of the Secretary's serious challenges, and these challenges are 1980, 74% of high school graduates went to special medical advisory group (expires De- likely to continue. This survey of young men college but, by 1992, that percentage had cember 31, 2004). In addition, section ten re- and women, conducted annually by the De- risen to 81% and is increasing. As a result, quires the Secretary to include with any report partment of Defense, provides information on the military must compete head-to-head with an estimate of the cost of preparing the report. the propensity, attitudes and motivations of colleges for high-quality youth. As I have men- The current structure of the MGIB served young people toward military service. The lat- tioned already, the percentage of young Amer- the veterans of the second half of the 20th est YATS shows the propensity to enlist icans who are interested in serving in the century very well. However, the MGIB must among young males has fallen from 34% in Armed Forces is also shrinking. Make no mis- now be re-examined in the context of a Janu- 1991 to 26% in 1998, in spite of a generally take about itÐthe strength of our Armed ary, 1999 report by he Departments of Com- favorable view of the military. In addition to a Forces begins and ends with the men and merce, Labor, and Education, the Small Busi- thriving civilian economy, which inevitably re- women who serve our nation. Just as edu- ness Administration, and the National Institute sults in recruiting challenges, the percentage cation is the key to a society's success or fail- for Literacy. This report, entitled ``21st Century of American youth going to college is increas- ure, it is also key to the quality and effective- Skills for 21st Century Jobs,'' has important ing and the young people most likely to go to ness of our military forcesÐand the MGIB in- implications for veterans entering the civilian college express little interest in joining our creases included in this substitute budget res- workforce. Emphasizing the importance to the Armed Forces. Interestingly, these same youth olution are a step in the right direction toward nation of investing in education and training, note that if they were to serve in the military, providing that key. the report concluded changes in the economy their primary reason for enlisting would be to and workplace are requiring greater levels of earn educational assistance benefits. Veterans are not using the MGIB benefits skill and education than ever before. It pre- The study concluded the propensity to enlist they earned through honorable military serv- dicted eight of the ten fastest growing jobs in is substantially below pre-drawdown levels ice, and high-ability, college-bound young the next decade will require college education and, as a result, the services will probably not Americans are choosing not to serve in the or moderate to long-term training, and jobs re- succeed in recruiting the number of young, Armed Forces. Significant changes in the pro- quiring a bachelor's degree will increase by high-quality men and women they need in FY gram will increase program usage and will en- 25%. The report also noted workers with more 1999. High-quality youth are defined as those able the military services to recruit the smart education enjoy greater benefits, experience who have a high school diploma and who young people they need. Accordingly, several less unemployment and, if dislocated, re-enter have at least average scores on tests meas- bills have been introduced in both the House the labor force far more quickly than individ- uring mathematical and verbal skills. The De- and the Senate during the 106th Congress uals with less education. It also reports that, partment of Defense tells us about 80% of that would significantly improve the MGIB. The on average, college graduates earn 77% more these recruits will complete their first three Senate has twice passed legislation that in- than individuals with only a high school di- years of active duty while only 50% of recruits cluded numerous changes designed to en- ploma. If America's veterans are to success- with a GED will complete their enlistment. hance educational opportunities under the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\A23MY7.019 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3555 MGIB, and other bills have been introduced. In be known as VEAP, to the Montgomery is an excellent example of their strong the House, MGIB legislation has been intro- GI Bill or who had a zero balance in bipartisan leadership on behalf of our duced by Mr. STUMP, Chairman of the House their VEAP account previously. For a Nation’s service members and veterans. Veterans' Affairs Committee, Mr. SHOWS, and $2,700 buy-in, these individuals will re- Mr. EVANS. Mr. Speaker, I yield 5 me, the Ranking Democrat on the Committee. ceive full Montgomery GI Bill benefits. minutes to the gentleman from Cali- H.R. 4268 is the most likely of these legisla- We have also structured in the bill the fornia (Mr. FILNER). tive initiatives to be passed by the House and buy-in so service members who retire Mr. FILNER. Mr. Speaker, I thank move forward. Mr. Speaker, we know H.R. as of April 1 of this year and later will the gentleman for yielding me this 4268 is only the first step that needs to be also be eligible. time. taken to improve the MGIB program. H.R. We will help about 48,000 survivors I have to be honest with my col- 4268 does comply with pay-go and should be and dependents of veterans who died or leagues, Mr. Speaker. I am dis- enacted by Congress. It will provide real ben- are permanently disabled as the result appointed in this bill. I know the deep efit increases for veterans and their depend- of military service. We will increase commitment that the gentleman from ents. For this reason, Mr. Speaker, I strongly their monthly benefits to go to college Arizona (Mr. STUMP), the gentleman urge the House to vote unanimously in favor from $485 per month to $600 per month from Illinois (Mr. EVANS), and the gen- of the Veterans and Dependents Millennium effective this October and to $720 per tleman from New York (Mr. QUINN), Education Act. month 2 years in the future. We will chairman of the Subcommittee on Ben- Mr. Speaker, I reserve the balance of also help about 360 veteran-students at- efits, have for the veterans of this Na- my time. tending Ohio University and hundreds tion. I know they want to do what is Mr. STUMP. Mr. Speaker, I yield of veterans at other colleges around best for our veterans. But the Veterans such time as he may consume to the the country. These are colleges that and Dependents Millennium Education gentleman from New York (Mr. QUINN), take an extended term break between Act, S. 1402, does not come even close the chairman of the Subcommittee on Thanksgiving and New Year’s, for ex- to where we need to be for an effective Benefits. ample. educational benefit for our veterans Mr. QUINN. I thank the gentleman This measure would allow veteran- today. If this is a bill for the millen- from Arizona for yielding me this time. students to be paid for the 40-day term nium, it is a bill for the last millen- Mr. Speaker, I am pleased to rise interval just as student-veterans with nium. today in support of the amendment to a 30-day interval or less. Lastly, we Let me try to show that through the S. 1402. On April 13, the gentleman will help about 25,000 service members history that our committee has gone from Arizona (Mr. STUMP), the gen- who are discharged from the military through. The previous speakers have tleman from Illinois (Mr. EVANS), and each year who need a civilian license talked about the congressional Com- 21 members of the Committee on Vet- or certification to enter, maintain, or mission on Service Members and Vet- erans’ Affairs introduced the Veterans advance their vocation or profession. erans Transition Assistance, which re- and Dependents Millennium Education They will be able to use their Mont- ported its work to the Congress more Act, H.R. 4268, which was the culmina- gomery GI Bill benefits to pay for than a year ago. That commission said tion of over 16 months of effort. these examinations, which sometimes that the biggest single thing we can do Mr. Speaker, I would like to take average to be $150 each or more. All for our veterans in terms of benefits is some time now to be specific about told, about a half a million, 519,000 vet- to make the Montgomery GI Bill really what is in this bill and how it helps al- erans, survivors and service members relevant to their education and pick up most immediately close to a half a mil- will benefit from this measure during the full cost of college education plus a lion of our veterans and their families. the first year of its enactment. decent stipend. This excellent bipartisan bill improves Mr. Speaker, the spending associated b the veterans’ readjustment and mili- with the bill is budget neutral over 5 1215 tary recruitment aspects of the Mont- years. We have identified offsets by In fact, that would be a great induce- gomery GI Bill. In fact, I believe it eliminating sunset dates on certain ment to recruitment, which, as we all builds on the wisdom and foresight of provisions, including veterans home know, is falling behind today. the revered individual and our friend, loan fees, liquidation sales on defaulted Everybody on our Committee on Vet- Sonny Montgomery, who is with us home loans, authority for VA to access erans’ Affairs applauded that rec- this morning for whom Congress named IRS data for determining eligibility for ommendation and said we ought to the all-volunteer force Educational As- veterans’ pension benefits and limita- move forward with it. The gentleman sistance Program back in 1987. tions on pensions for some veterans in from Illinois (Mr. EVANS), the ranking S. 1402, as amended, then will help nursing homes who are eligible for member of the committee, introduced hundreds of thousands of veterans, Medicaid coverage instead. H.R. 1071, which said that the rec- service members and their families; Forty-two veterans, military service ommendations of that Transition Com- and it will do so right now. For over and higher education organizations mission were accepted. That bill would 300,000 veteran-students now using the have supported and endorsed the bill. pay for the full cost of tuition, fees, Montgomery GI Bill and young Ameri- In closing, this morning’s bill is only books, and supplies, and, in addition, a cans contemplating service in our all- the first step. Indeed, we had lengthy stipend of $800 a month. The gentleman volunteer force, effective October 1 of discussions at the full committee dur- from Arizona (Mr. STUMP) put forward this year, the bill increases the basic ing the markup that it is not all that a bill which was almost as good. His Montgomery GI Bill benefit from $536 we want to do, but it is what we can do bill, H.R. 1182, would have paid for 90 per month, as was mentioned, to $600 right now and make a difference. We percent of a veteran’s tuition cost. per month. On October 1, 2002, it in- look forward to continuing our work When those of us on the committee creases this basic benefit to $720 per with veterans, military, and higher and the veterans and education com- month. Each of these improvements education associations in the partner- munity recognized we would have to have proportional increases for part- ship for veterans’ education to find take steps toward that and could not time students and for those who enlist ways to continue to improve Mont- do it all at once, the gentleman from for only 2 years. Currently, the Mont- gomery GI Bill benefits. Mississippi (Mr. SHOWS) introduced gomery GI Bill provides $19,296 in bene- Mr. Speaker, I strongly encourage H.R. 4344, which had a broad coalition fits over 4 years. Over the next 4 years, my colleagues this afternoon to sup- backing of 47 organizations which rep- our bill increases this amount to port S. 1402, as amended. I also want to resented veterans of our Nation, the $23,760, an increase of over $4,400. close by thanking the gentleman from military and the higher education com- This bill will be welcome news for Illinois (Mr. EVANS) and the gentleman munity. The bill of the gentleman from 137,000 active-duty service members from Arizona (Mr. STUMP) who have Mississippi (Mr. SHOWS) would reim- who either previously turned down an served together on the Committee on burse veterans for the cost of attending opportunity to convert from the post- Veterans’ Affairs now for almost 19 a 4-year public college as a commuter Vietnam era Veterans Educational As- years for their enduring commitment student, and that worked out for this sistance Program, which has come to on veterans issues. Today’s bill we see year to a monthly stipend of $975.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.022 pfrm06 PsN: H23PT1 H3556 CONGRESSIONAL RECORD — HOUSE May 23, 2000 That stipend of $975 should be com- shape and prioritize the very serious its citizen soldiers; and we in this Con- pared with the $600 that is in the cur- constitutional missions that we have. gress are, for the first time, beginning rent bill. We can do better. The gen- Mr. Speaker, I believe it is important to reverse decades of declining re- tleman from New York (Mr. QUINN) for this Congress to reaffirm support sources dedicated to equipping our sol- said this is something we can do right for men and women in uniform who diers, sailors, airmen and Marines for now, we can do the bill of the gen- confront shortages in terms of ammu- their combat roles. This bill now under tleman from Mississippi (Mr. SHOWS) nition, in terms of training, in terms of consideration does the same for equip- right now. We have the funds to do their dependence, and those are other ping them in advancing their edu- that. questions with which we must deal. cational goals. The bill before us just will not ac- Would, Mr. Speaker, that all of us This budget-neutral bill will increase complish what the Montgomery GI Bill here could show the same allegiance to the Montgomery GI stipend by a third set out to do and what the Transition those currently wearing the uniform as over 2 years, it will increase the mon- Commission recommended. The $536 we profess for veterans. But let us turn ies available to surviving families of that a veteran gets now does not go to the question of those currently in deceased service members, and it will very far considering the cost of higher uniform and one of the reasons I rise in provide the licensing or certification of education. In fact, the increase to $600 strong support of this legislation. It is funds for veterans who are integrating has already been eaten up by the infla- something that my colleague from New into the civilian workforce. tionary pressures that are faced by our York, the chairman of the sub- Mr. Speaker, I join the gentleman colleges. If you compare that with the committee, pointed out; the fact that from Arizona (Chairman STUMP); the $300 a month that was the benefit back now we have provided provisions for ranking member, the gentleman from in 1985, you can see how the benefit has those service members who are unable Illinois (Mr. EVANS); and the chairman not kept up with current demands. to convert their funds to the Mont- of the Subcommittee on Benefits Today, when America’s economy is gomery GI Bill during the 1997 open (Chairman QUINN) in urging your sup- booming, when our budget is in great window to do so with this. First, indi- port for the strong and much deserved surplus, I have a hard time looking vet- viduals who had no money in their bipartisan Veterans and Dependents erans in the eye and telling them to VEAP accounts, often because their Millennium Education Act. pursue a degree with the kind of money service branch advised them to transfer Mr. STUMP. Mr. Speaker, I am that the Montgomery Bill gives them their VEAP dollars to an interest-bear- pleased to yield 2 minutes to the gen- today. It comes up short when you ing account; and secondly, those who tleman from New York (Mr. GILMAN), compare it to the cost of higher edu- had some money in their VEAP ac- the chairman of our Committee on cation. All our veterans know it, we count and did not convert because they International Relations. know it, the committee knows it, and did not know of the opportunity. (Mr. GILMAN asked and was given So it is in this spirit that we take all of you here said that you know it. permission to revise and extend his re- that step today, not only mindful of You see this as a first step. marks.) Now, I know that, as I said, our lead- our good friend from Mississippi who Mr. GILMAN. Mr. Speaker, I thank ership on the Committee on Veterans’ joins us, the former chairman of this the gentleman for yielding me time. Affairs, the gentleman from Arizona committee, but also speaking volumes Mr. Speaker, I rise today in strong about the leadership of my good friend (Mr. STUMP), the gentleman from New support of S. 1402, the Veterans and De- from Arizona and the ranking member York (Mr. QUINN), the gentleman from pendents Millennium Act, and I thank from Illinois, and that we do not let Illinois (Mr. EVANS) on the Democratic the distinguished chairman of our com- the perfect become the enemy of the side, we all want to do more, and I cer- mittee on Veterans’ Affairs, the gen- good, but we stand tall for this impor- tainly will work with both of you, all tleman from Arizona (Mr. STUMP) for tant legislation to help current service of you, in the months ahead to provide his continual support of our veterans members and veterans receive the edu- the kind of education benefits that our and for bringing this measure to the cational benefits they deserve. floor at this time; along with the sub- veterans deserve and this new millen- Mr. EVANS. Mr. Speaker, I have no committee chairman, the gentleman nium demands. further questions for time, and I yield from New York (Mr. QUINN); and the People have said that our former back the balance of my time. member, Sonny Montgomery, great Mr. STUMP. Mr. Speaker, I yield 2 ranking minority member, the gen- chairman of the committee, is with us minutes to the gentleman from Nevada tleman from Illinois (Mr. EVANS) for in the Chamber. We salute him, we sa- (Mr. GIBBONS), a member of the com- giving us the opportunity to consider lute the bill to which he gave his name, mittee. this measure. the Montgomery GI Bill. Let us really (Mr. GIBBONS asked and was given I want to add my compliments to the honor Sonny Montgomery by signifi- permission to revise and extend his re- former Congressman, the former chair- cantly, in the months ahead, improving marks.) man of the Committee on Veterans’ Af- this benefit for our veterans. Mr. GIBBONS. Mr. Speaker, I would fairs, Mr. Montgomery, who has been Mr. STUMP. Mr. Speaker, I yield 21⁄2 like to thank the chairman of the full the father and major proponent of the minutes to the gentleman from Ari- committee, the gentleman from Ari- GI Bill. We are pleased he is here with zona (Mr. HAYWORTH), a member of the zona (Mr. STUMP), a veteran himself, us today. committee. who has been a dedicated individual for The purpose of this bill is to bring Mr. HAYWORTH. Mr. Speaker, I veterans rights, for granting me the the various education benefits afforded thank the chairman of the full com- time to speak on this bill. to veterans to a level more in line with mittee, the dean of our delegation, for Mr. Speaker, I am honored to rise today’s increasingly expensive higher yielding me time. today in support of S. 1402 and this im- education opportunities. Specifically, Mr. Chairman, I rise as the vice portant update to the historic Mont- the legislation increases the monthly chairman of the Subcommittee on Ben- gomery GI Bill, a bill which was origi- Montgomery GI Bill rate from $536 a efits, thanking the chairman of the nally sponsored by my good friend, month to $600 a month, beginning in subcommittee for his comments, Sonny Montgomery from Mississippi, October of this year. That amount in- thanking the ranking member for his who is present with us today. creases to $720 a month starting in Oc- comments, and acknowledging that, in I think it is an honor for all of us to tober of 2002. The bill also increases a free society, dealing with difficult have an opportunity to help educate survivors and dependents educational questions, at times there are those who hundreds of thousands of veterans and assistance, which is so important. are frustrated because, in their minds, service members and their families. Mr. Speaker, the GI Bill is arguably perfection is alluded. Let me suggest, This bill will go a long way, especially the most profound and far-reaching Mr. Speaker, to all those within the addressing some of the needs of our piece of legislation enacted by Con- sound of my voice, and especially my guard and reserve members as well. gress in the 20th Century. It has helped colleagues here today, we will never Best of all, it will help them now. many of us here in the Congress. The achieve perfection. Indeed, one of the Mr. Speaker, America is proud, and program, first implemented after challenges we confront is how to best rightly so, of its tradition of defense by World War II, single-handedly afforded

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.055 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3557 a college education to millions of both a readjustment and recruitment tool. The that is truly earned with sweat equity, and yes, working class men and women who amount available under the MGIB is not sometimes blood or loss of limb. served during the war, and, in doing so, enough to compensate youth for the time For these reasons, improving GI bill edu- it helped to transform America in the spent and risk involved in military service. In cation benefits and increasing access to these post-war years, leading to the baby- fact, since 1985, about 95 percent of service benefits is extremely important. Not only do GI boom and the rise in middle-class sub- members have paid $1,200 to participate in bill educational benefits assist veterans as urbia. the MGIB; nevertheless, only about half of they transition back into the local communities This measure is the latest of several these members have used their MGIB. Clear- that they willingly left to serve this nation, bills passed in the last 50 years to bring ly, the time has come for Congress to inter- these benefits also reflect the gratitude of a the benefits of the GI Bill to levels that vene and make this bill viable again for our grateful nation. I believe GI bill benefits, and reflect the contemporary costs of high- military members, their dependents and our this amendment represent a fitting and proper er education. Consequently, current nation. way to say thank you for your sacrifice and and future generations are going to be S. 1402 will make this meaningful program unselfish commitment in protecting America's able to enjoy the tangible benefits of a viable once. Specifically, this bill will increase cherished freedoms and liberties. college education as a result of their the MGIB from $536 to $600 per month on Mr. Speaker, this amendment holds true to service in the military of their coun- October 1, 2000, and $720 per month on Oc- the spirit of the original GI bill that Congress try. Accordingly, I urge my colleagues tober 1, 2002, for full-time students, with pro- passed in 1944. It will improve and increase to support this worthy and timely leg- portionate increases for part-time students. access to veterans educational assistance, islation. Second, this bill will equip individuals still on and allow veterans the opportunity to make a Mr. STUMP. Mr. Speaker, I yield my- active duty, who have turned down a previous more complete transition as they leave the self such time as I may consume. opportunity to convert to the MGIB or have military and enter the civilian workforce. Mr. Speaker, I would like to thank had a zero balance in their Post-Vietnam Era Mr. REYES. Mr. Speaker, I am pleased to the gentleman from Illinois (Mr. Veterans' Educational Assistance Program speak in support of S. 1402, the Veterans Mil- EVANS), the ranking member on the (VEAP) account, the option to pay $2,700 to lennium Education Bill. Committee on Veterans’ Affairs, for all convert to MGIB eligibility. Third, the bill will I am proud to be an original cosponsor of of his hard work on this bill, and also increase survivors' and dependents' edu- this legislation, which is a long overdue step to his own bill, which would have bene- cational assistance benefits for full-time stu- address the serious erosion of our veterans fitted the veterans very much. I would dents from $485 to $600 per month, and au- educational benefits. Through this bill we raise like to thank the gentleman from New thorize an annual cost-of-living adjustment for the educational benefits our veterans deserve York (Mr. QUINN) and the Sub- them. Finally, S. 1402 will allow MGIB benefits and provide the recruitment incentive our committee on Benefits for the work to pay the fee for a veteran's civilian occupa- Armed Forces need. they have done on this bill. My appre- tional licensing or certification examination. Montgomery GI Bill benefits allow our Na- ciation is extended to the leadership Nevertheless, I hope this Congress will soon tion to extend its gratitude to veterans for their for allowing us to present this bill move to fully fund our veterans who desire to service, compensate them for their time away today. It is fitting we have a veterans seek opportunities for higher education. from family and careers, and gives them the benefits bill on Memorial Day for our I believe that S. 1402 will assist our nation opportunity to gain valuable knowledge and ceremonies throughout the country. in securing educated and highly skilled military skills through attendance at our Nation's col- This is a bipartisan bill, and I urge recruits. In addition, this bill will secure the fu- leges and universities. Members to support it. ture of our military as well. As a result, I urge With the opportunities it provides to obtain Ms. JACKSON-LEE of Texas. Mr. Speaker, my colleagues to pass this vital bill and make an education, the GI bill has been considered I rise in support of S. 1402, The Veterans and this worthwhile program viable once again. the most significant reason for our country's Dependents Millennium Education Act. As you Mr. BUYER. Mr. Speaker, I rise in strong high educational attainment and post-World know, this bill will assist veterans and their support of the amendment offered to S. 1402. War II economic leadership and success. family in attaining enhanced educational as- This truly bipartisan effort addresses many of Over time, however, the value of GI bill ben- sistance. the problems service members face with re- efits has not kept pace with the rising costs of Since inception in 1944, educational bene- gard to accessing adequate GI bill education higher education. In fact there is a gross dis- fits for our nation's veterans have opened the benefits. parity between current benefits and the costs doors to post-secondary education opportuni- Over the last several years, veterans and of going to school. In an environment where ties for millions. Specifically, The Montgomery their families have called on Congress to in- there are greater sources of private scholar- GI Bill (MGIB) has been one of our nation's crease veterans education assistance, and ships and funding, along with a strong econ- leading and most effective programs. Millions equally important, correct the injustices that omy, our best recruits no longer see the same of our nation's military personnel and their de- have prevented many of the VEAP era vet- value in the GI bill. This has seriously hurt pendents have been able to afford a post-sec- erans from receiving GI bill education benefits. military recruiting efforts. ondary education, who might otherwise not Congress, through the leadership of House Our veterans deserve better, and from a na- have been able to if not for the MGIB. Veterans Affairs Committee Chairman STUMP tional security standpoint, we cannot afford to Under the Montgomery GI Bill, military offi- and Ranking Member Mr. EVANS have an- allow our military to be without necessary cers accept a reduction in their base pay of swered their call by offering this amendment. manpower and strength. With a strong econ- $100 per month for 12 months. In exchange, While this legislation may not fully address omy and large budget surpluses this situation they become entitled to 36 months of edu- the concerns of the veterans community, it is has been unacceptable. cation benefits after they complete their period clearly another giant step in our continued ef- As a result, I am proud that this bill en- of service or receive an honorable discharge forts to improve GI bill education benefits. hances educational assistance amounts by al- from the Armed Forces. Rest assured, that my colleagues and I on the most 30 percent over 3 years, and at the This program has enhanced our nation's House Veterans Affairs Committee will con- same time addresses a long time injustice, by competitiveness and military readiness by tinue to fight for improved and increased GI allowing for those men and women still on ac- helping to develop a more educated and pro- bill educational benefits. tive duty to convert to the Montgomery GI Bill ductive workforce and assisted the Armed Leaving the active military can be a very dif- from their Vietnam Era Veterans' Education Services in recruiting and retaining the high ficult time period for veterans and their fami- Assistance Program [VEAP]. quality individuals they need to attract to the lies. It is filled with uncertainty, apprehension, The benefit increases in H.R. 4268, raise military. According to the Secretary of Vet- and trepidation. Unfortunately, the current GI the monthly amount from $536 to $600 per erans Affairs, Togo D. West, ``new recruits to bill education benefit has failed to keep pace month on October 1, 2000 and to $720 per the Armed Forces cite money for college as with the rapidly changing economy. In fact, month on October 1, 2002 for full-time stu- the major reason given for enlisting.'' As a many veterans have found that current edu- dents. matter of fact, some 96% of new recruits to cational assistance does not meet their transi- While further increases in benefits are need- the Armed Forces sign up to participate spe- tion needs. ed, this bill creates a strong foundation for cifically in the GI Bill. Furthermore, many other Federal programs bringing the educational and training benefits However, despite the wisdom and foresight offer far greater benefits for little or no commit- to the level for which our veterans are entitled. of this meaningful educational assistance pro- ment. In fact, veterans educational assistance We must never fail in our efforts to maintain, gram, the MGIB has lost its effectiveness as is one of the few Federal educational benefits enhance, and improve the benefits entitled to

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.058 pfrm06 PsN: H23PT1 H3558 CONGRESSIONAL RECORD — HOUSE May 23, 2000 our veteran population. By doing this, we full-time students from $485 to $600 per the preservation and continuation of Amer- honor their service, and adequately provide for month at the start of fiscal year 2001, and to ican democracy; their needs and the recruiting requirements of $720 per month at the beginning of fiscal year Whereas the United States called upon all its citizens, including the most oppressed of our Armed Forces. 2003. Importantly, today's bill makes these its citizens, to provide service and sacrifice I therefore stand in support of this bill, and benefits retroactive to the date of the veteran's in that war to achieve the Allied victory ask my colleagues to join in voting for its pas- service-connected death or 100 percent serv- over Nazism and fascism; sage. ice-connected disability rating. It is worth not- Whereas the United States citizens who Mrs. CHRISTENSEN. Mr. Speaker, I rise in ing that H.R. 4268 also provides an annual served in that war, many of whom gave the enthusiastic support of S. 1402, the Veterans cost-of-living adjustment for survivors' and de- ultimate sacrifice of their lives, included and Dependents Millennium Education Act of pendents' educational assistance, which is more than 1,200,000 African Americans, more than 300,000 Hispanic Americans, more than 2000 which would increase the amount of currently available only for MGIB benefits. 50,000 Asian Americans, more than 20,000 Na- educational assistance to veterans under the The veterans and Dependents Millennium tive Americans, more than 6,000 Native Ha- Montgomery GI Bill. This is a bipartisan bill Education Act also fills an important gap in our waiians and Pacific Islanders, and more than that is long over due and I complement Vet- military's education assistance program for 3,000 Native Alaskans; erans Committee Chairman STUMP and Rank- some 137,000 active duty personnel. For Whereas because of invidious discrimina- ing Democrat EVANS for their leadership in these service men and women who either tion, many of the courageous military ac- bringing it to the floor today. turned down an earlier opportunity to convert tivities of these minorities were not reported to the Montgomery G.I. bill program, or who and honored fully and appropriately until Mr. Speaker, we continue to fail our vet- decades after the Allied victory in World erans in repaying them for their service to have no funds in their Vietnam-Era Veterans' War II; their country. We send them off to fight in our Education Assistance Program [VEAP] ac- Whereas the motto of the United States, defense and yet when they return we break countÐthe educational assistance program in ‘‘E Pluribus Unum’’ (Out of Many, One), pro- many of the promises that were made to place before MGIBÐa payment of $2,700 en- motes our fundamental unity as Americans them. This bill is a start in the right direction ables them to receive full MGIB benefits. This and acknowledges our diversity as our great- important provision will be a major help to est strength; and in reversing this trend. We owe our veterans Whereas the Day of Honor 2000 Project has much more than we have been giving them. many senior non-commissioned officers who, enlisted communities across the United If it becomes law, the Veterans and De- after leaving the service, often attend college States to participate in celebrations to pendents Millennium Education Act, would in- part time while working. honor minority veterans of World War II on crease the current Montgomery GI Bill benefit Finally, H.R. 4268 accommodates students May 25, 2000, and throughout the year 2000: from $536 to $600 a month on October 1, who attend a college or university that has ex- Now, therefore, be it 2000 for full time students and to $720 on Oc- tended breaks, by permitting MGIB or similar Resolved by the Senate and House of Rep- resentatives of the United States of America in tober 1, 2000. There would also be propor- benefits to be paid between intervals of up to 8 weeks. The Veterans and Dependents Mil- Congress assembled, That Congress— tional increases for part-time students, as well. (1) commends the African American, His- The bill would also increase survivors' and lennium Education Act provides added flexi- panic American, Asian American, Native dependents' educational assistance benefits bility by permitting these benefits to be used American, Native Hawaiian and Pacific Is- for full-time students from $485 to $600 a for civilian occupational licensing or a certifi- lander, Native Alaskan, and other minority month starting October 1, 2000 and to $720 a cation examination. veterans of the United States Armed Forces month on October 1, 2000. It would also per- I would like to point out that the legislation who served during World War II; mit the award of survivors' and dependents' which we are considering today is deficit-neu- (2) especially honors those minority vet- erans who gave their lives in service to the educational assistance payments to be retro- tral. By reauthorizing programs already in place that either save or generate revenueÐ United States during that war; active to the date of the service-connected (3) supports the goals and ideas of the Day such as the VA home loan fee of 3¤4 of 1 per- death or award of 100 percent disability rating. of Honor 2000 in celebration and recognition Mr. Speaker, I look forward to the many Vir- centÐwe can provide these improved benefits of the extraordinary service of all minority gin Islands veterans being able to take advan- to veterans and their families. I urge my col- veterans in the United States Armed Forces tage of the increased benefits offered by this leagues to support the Veterans and Depend- during World War II; and bill to further their education. In today's world ents Millennium Education Act. (4) authorizes and requests that the Presi- Mr. STUMP. Mr. Speaker, I have no where a high premium is placed on our work- dent issue a proclamation calling upon the further requests for time, and I yield people of the United States to honor these force being highly skilled, this bill makes such back the balance of my time. minority veterans with appropriate pro- training and higher education more affordable The SPEAKER pro tempore (Mr. grams and activities. to our veterans. BARRETT of Nebraska). The question is The SPEAKER pro tempore. Pursu- Mr. SMITH of New Jersey. Mr. Speaker, on the motion offered by the gen- ant to the rule, the gentleman from Ar- today I am proud to be an original sponsor of tleman from Arizona (Mr. STUMP) that izona (Mr. STUMP) and the gentleman the Veterans and Dependents Millennium Edu- the House suspend the rules and pass from Illinois (Mr. EVANS) each will con- cation Act [H.R. 4268]. the chairman and rank- the Senate bill, S. 1402, as amended. trol 20 minutes. ing members of the Veterans' Affairs Com- The question was taken. The Chair recognizes the gentleman mittee, and others, have worked tirelessly to Mr. STUMP. Mr. Speaker, on that I from Arizona (Mr. STUMP). craft this important bill in a collaborative and demand the yeas and nays. GENERAL LEAVE bipartisan fashion. The yeas and nays were ordered. Mr. STUMP. Mr. Speaker, I ask Passage of the Veterans and Dependents The SPEAKER pro tempore. Pursu- unanimous consent that all Members Millennium Education Act will benefit more ant to clause 8 of rule XX and the may have 5 legislative days within than 500,000 people immediately, and its in- Chair’s prior announcement, further which to revise and extend their re- crease of Montgomery G.I. Bill [MGIB] benefits proceedings on this motion will be marks and include extraneous material will go a long way toward recruitingÐand re- postponed. on House Joint Resolution 98. tainingÐmore young Americans to serve our f The SPEAKER pro tempore. Is there country in uniform. Mr. Speaker, as we pre- objection to the request of the gen- SUPPORTING DAY OF HONOR FOR pare to honor those who have died in service tleman from Arizona? to our country on Memorial Day, we must also MINORITY WORLD WAR II VET- There was no objection. remember our obligation to help those who ERANS Mr. STUMP. Mr. Speaker, I yield my- continue to defend our country. Increasing Mr. STUMP. Mr. Speaker, I move to self such time as I may consume. education benefits for those who have re- suspend the rules and pass the joint Mr. Speaker, H.J. Res. 98 commends sponded to the call of duty is the least we can resolution (H.J. Res. 98) supporting the minority veterans of the United States do. Under this legislation, Montgomery G.I. Bill Day of Honor 2000 to honor and recog- Armed Forces who served during World benefits for full-time students will rise from nize the service of minority veterans in War II. I commend the authors of this $536 to $600 per month on October 1, 2000, the United States Armed Forces during resolution for promoting recognition of and to $720 per month on October 1, 2002. World War II. minority World War II veterans during The bill also authorizes proportional increases The Clerk read as follows: this millennium year. for part-time students. H.J. RES. 98 Some of the groups that deserve Similarly, H.R. 4268 increases survivors' Whereas World War II was a determining greater public recognition for their he- and dependents' educational assistance for event of the 20th century in that it ensured roic service in World War II include the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.059 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3559 Tuskegee Airmen, who flew 15,533 mis- Mr. Speaker, I reserve the balance of Ms. JACKSON-LEE of Texas. Mr. sions in World War II and earned 150 my time. Speaker, might I add my appreciation Distinguished Flying Crosses along Mr. STUMP. Mr. Speaker, I yield 2 to the chairman of the Committee on with other high decorations; the 442nd minutes to the gentleman from New Veterans’ Affairs, the gentleman from Nisei Regiment of Japanese-Americans York (Mr. GILMAN), the chairman of Arizona (Mr. STUMP), and as well to the became the most decorated group of the Committee on International Af- distinguished gentleman from Illinois soldiers in American history. The Nisei fairs. (Mr. EVANS), the ranking member of troops overcame considerable prejudice (Mr. GILMAN asked and was given the committee. I first want to pay trib- and suspicions while writing one of the permission to revise and extend his re- ute to them for always advocating on most glorious pages in American mili- marks.) behalf of veterans in a unified and pro- tary history. Mr. GILMAN. Mr. Speaker, I thank found way that many across this Na- Another important story is that of the gentleman for yielding me this tion recognize. the Navajo code-talkers, many from time. I think it is important, first of all, as my home State of Arizona. Few units Mr. Speaker, I am pleased to rise we move toward honoring the first Me- had more vital duties than these Na- today in strong support of H.J. Res. 98, morial Day in the new millennium to tive Americans, whose unique language a measure supporting a day of honor thank all of those families whose loved led logically to assigning them as com- for our minority veterans of World War ones gave the ultimate sacrifice, and municators. The enemy was never able II. I thank our distinguished chairman we will honor them this coming week. to break their code, an achievement of the Committee on Veterans’ Affairs, It is important to acknowledge that which contributed greatly to our final the gentleman from Arizona (Mr. the legislation that we have before us victory. STUMP), for recognizing how important does not in any way substitute for the In the Pacific Theater, the 158th Reg- this issue is. great appreciation that Americans imental Combat Team, known as the As the primary sponsor of legislation have for all of those who gave the ulti- Bushmasters, an Arizona National to restore benefits that were once mate sacrifice and, of course, our vet- Guard Unit, was comprised of a high stripped away from Filipino World War erans whom we honor. percentage of Hispanic and American II veterans by an ungrateful Congress I am very honored to have been able Indian soldiers. This unit saw heavy in 1946, I am fully aware of how our Na- to bring to the floor of the House, with combat in the Philippines and was re- tion has shamefully treated its minor- the help of some 91 cosponsors, H.J. ferred to by General Douglas Mac- ity veterans in years gone by. From Res. 98. I was so moved when this par- Arthur as ‘‘the greatest fighting com- the Civil War through Korea, before ticular opportunity came to my atten- bat team ever deployed for battle.’’ going into action, African American tion in my district in Houston with the Hopefully greater recognition of mi- soldiers had to first battle against an leadership of Dr. Smith. The ceremony nority veterans will become a regular ingrained prejudice among white com- honoring those many minority vet- part of future Memorial Day and Vet- manders that they were somehow sub- erans of World War II, in particular, erans Day celebrations across this par or otherwise incapable of engaging was a challenge to keep from feeling country, enhancing the magnitude of on equal terms as their white counter- the emotion that was in that room of those two days so special to our vet- parts. These veterans always proved veterans who were so very proud of erans. their worthiness in battle, only to find their service, yet asking that we bring Mr. Speaker, I urge my colleagues to this lesson lost on the military com- to the attention of America that when support the passage of this bill. mand staff by the time the next war they did return, they were not given Mr. Speaker, I reserve the balance of broke out. the honor that we knew they deserved. my time. Even more distressing was the fact So I rise today in support of House that contributions made by African b 1230 Joint Resolution 98 that I introduced American veterans were soon forgotten on April 12, 2000. I am delighted by the Mr. EVANS. Mr. Speaker, I yield my- or glossed over since the fighting bipartisan support for this joint resolu- self such time as I may consume. ended. President Clinton should be tion in both the United States House of Mr. Speaker, I join with many of my commended for his initiative to award Representatives and the United States colleagues today to honor and give the Medal of Honor to eight black vet- Senate. The efforts of Representatives thanks to America’s minority vet- erans who had initially been passed such as the gentlewoman from Florida erans, the soldiers and sailors and men over for this commendation. (Ms. BROWN), the gentleman from Okla- and women of our armed forces and, of This legislation also honors the ac- homa (Mr. WATTS), the gentleman from course, my fellow Marines. More of the complishments and contributions made South Carolina (Mr. SPENCE), the gen- world is free today than ever before, by Hispanic Americans, Asian Ameri- tleman from Arizona (Mr. STUMP), as I thanks in no small part for their valor cans, and Native American veterans. Of mentioned, the chairman of the Com- and sacrifice half a century ago. We these groups, two specifically bear mittee on Veterans’ Affairs, and the sometimes do not remember that mentioning. Many Japanese American gentleman from Illinois (Mr. EVANS), World War II was before the armed veterans served with distinction during the ranking member of the Committee forces were desegregated and that proc- the Pacific War. They did that despite on Veterans’ Affairs, have all been in- ess really took us solidly to Vietnam. having their loyalties questioned by strumental in bringing this resolution So there were many years in which the many in command, as well as many to the floor. men and women of the armed forces did having their families back home living I personally come to the floor in not serve together on an integrated in internment camps. honor of my uncles, Eric Jackson, basis and did not get really the breaks Moreover, Native Americans from Allan Jackson Bernard Bennett, Sam- perhaps that the majority of Ameri- several tribes played a vital role as uel Jackson, all of whom fought or cans have received throughout the code operators during the Korean War. served during the time of World War II, time of this desegregation. As I said, In this they were naturals, since the and, of course, my very special now-de- more of the world is free now because chances of any axis code-breakers ceased father-in-law, Philip Ferguson of their efforts. being fluent in a Native American lan- Lee, who was one of the honored It is altogether fitting and appro- guage was highly remote. Tuskegee Airman. priate that this valor and sacrifice of a Mr. Speaker, this measure is long The joint resolution designates May half a century ago be commemorated overdue, timely, and quite appropriate 25, 2000, as a national Day of Honor to on May 25, 2000. I particularly com- as we approach Memorial Day. Accord- honor minority veterans from World mend my colleague, the gentlewoman ingly, I urge my colleagues to give War II. In fact, the resolution calls from Texas (Ms. JACKSON-LEE), for her their full, wholehearted support to this upon communities across the Nation to leadership on this issue. I thank her for measure. participate in celebrations to honor the well-deserved recognition which Mr. EVANS. Mr. Speaker, I yield minority veterans on May 25, 2000, and the Day of Honor 2000 will provide such time as she may consume to the throughout the year 2000. Because this America’s minority veterans with the gentlewoman from Texas (Ms. JACK- recognition is long overdue, it is appro- respect that they deserve. SON-LEE). priate that we honor and celebrate the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.061 pfrm06 PsN: H23PT1 H3560 CONGRESSIONAL RECORD — HOUSE May 23, 2000 memories of the veterans that served jected to at home, they fought honor- the fact that these veterans served and or fought throughout the year. ably along with all other Americans, many sacrificed their lives. There are many that deserve thanks including other nations. As we have Mr. Speaker, I would ask my col- for making this day, and I again thank noted in the honor that President Clin- leagues to join us in supporting this Senator EDWARD KENNEDY of Massa- ton has given to some even in these resolution, both H.J. Res. 98 and H.J. chusetts for joining me for introducing last years, we realize that some were Res. 44. Might I just add for a moment an identical resolution in the United serving and gave much of their life to a note of thanks to so many of our staff States Senate. That resolution passed this country by sacrificing their health that helped this come to the fruition by unanimous consent in the United and subjecting themselves to injuries that it has come. Oliver Kellman, Mark States Senate on May 19, and I must and yet were not honored when they re- Carrie, and Earl Smith, in my office say this has certainly been a wonder- turned. An African American was worked long and hard on this legisla- fully collective effort that has inspired obliged to answer a call to duty, indeed tion. Also, the wonderful staff that veterans and children alike to follow possibly sacrificing his life, yet he or worked with the many members, Carl the progress of this resolution through she enjoyed separate, but in many Commenator, chief counsel and staff Congress. I likewise am proud by the times unequal, status back at home. director of veterans affairs; Michael superb grass-roots support offered by Too often, when basic issues of equal- Durishin of the Democratic staff; Jean- the Day of Honor 2000 Project, a non- ity and respect for their service in the nine McNally, Debbie Smith, Minda profit organization based in Marl- war arose, Jim Crow and racial dis- Fife, Stoval White, Rene Davidson, borough, Massachusetts. crimination replied with a resounding Linda Shealy, Craig Metz, Nick Through Dr. William A. Smith’s lead- ‘‘no.’’ This is a sad, but very real, chap- Martinelli, all of whom made this very ership, the project’s executive director, ter of our history. This all happened, of possible, I thank them all. Again, I ask movement for the resolution took on a course, before the emergence of Dr. my colleagues to please support this life of its own. He traveled across this Martin Luther King, Jr. in America. As very important resolution. Nation with an enormously moving a Nation, we have long since recognized Mr. Speaker, I rise today in support film that I hope all of America will get the unfair treatment of minorities as a of House Joint Resolution 98 that I in- a chance to see. His involvement in travesty of justice. The enactment of troduced on April 12, 2000. I am de- this effort reflects a greater sense of fundamental civil rights laws by Con- lighted by the bipartisan support for unity among Americans, that we must gress over the past half century has this joint resolution in both the United make amends for the past and we must remedied the worst of these injustices, States House of Representatives and do it together. and this has given us some hope. I have the United States Senate. The efforts of Representatives such Mr. Speaker, the resolution is an- hope, we all have hope for America as as CORRINE BROWN of Florida, Rep- other way of saying that we have not we move together in the 21st century. resentative J.C. WATTS Jr., of Okla- forgotten those who fought or served in But, as we all know, we have yet to homa, Chairman FLOYD SPENCE of World War II, while simultaneously give adequate recognition to the serv- South Carolina, Chairman BOB STUMP discriminated against while at home. ice, struggles, and sacrifices of the vet- of the Committee on Veterans’ Affairs, The resolution brings closure to the erans, all of the brave veterans. and Ranking Member of the Committee families of many veterans, and none of For many of these minority veterans, on Veterans’ Affairs LANE EVANS have us can underestimate that phenomenon the memories of World War II never all been instrumental in bringing this for each individual. The Day of Honor disappear. When we lose a loved one, resolution to the floor. 2000 project helped enlist the support of whether it is a mother, father, sibling, The joint resolution designates May countless Americans to make this reso- child, or friend, we often sense that we 25, 2000, as a national Day of Honor to lution possible. Without its support, lose a part of ourselves. For each of us, honor minority veterans from World the resolution would have probably the loss of life, whether expected or War II. In fact, the resolution calls never come to fruition. not, is not easily surmountable. upon communities across the nation to Our goal is that the Nation will heal Minority veterans had to overcome a participate in celebrations to honor and will have an opportunity to pause great deal after the war. They not only minority veterans on May 25, 2000, and on May 25 and throughout the year to came back to a Nation that did not throughout the year 2000. Because this express our gratitude to the multicul- treat them equally, but they were recognition is long overdue, it is appro- tural, multiracial veterans of all mi- never recognized for the uniqueness of priate that we honor and celebrate the nority groups who served the Nation so their efforts. Like many of us, they memories of the veterans who served or well. adapted to changes or were the engines fought throughout the year. When we look to the harrowing days of social change, but they have suffered There are many that deserve thanks of World War II, we remember and re- and sacrificed so much that few of us for making this day a reality. I want to vere the acts of courage and personal will ever understand. extend my special thanks to Senator sacrifice that each of our veterans gave Veterans are dying at a rate of more EDWARD KENNEDY of Massachusetts for to their Nation to achieve the allied than 1,000 a day. It is specially impor- joining me by introducing an identical victory over Nazism and Fascism. In tant, therefore, for Congress and the resolution in the United States Senate. the 1940s, minority were utilized in the administration to do their part now to That resolution passed by unanimous allied operations, just as any other pay tribute to these men and women consent in the U.S. Senate on May American. In fact, it is well known how who served so valiantly in World War 19th. I must say this has certainly been many of them rose to the occasion of II. The minority veterans from World a wonderful collective effort that has volunteering and seeking out the op- War II represent a significant part of inspired veterans and children alike portunity to serve in the United States what is being called America’s Great- who have followed the progress of the military. They wanted to go and fight est Generation. They are American he- resolution through Congress. for their beloved America. roes that deserve recognition for this I am also proud, of course, by the su- During the war effort, at least 1.2 efforts. For this reason, the resolution perb grassroots support offered by The million African American citizens ei- specifically asks President Clinton to Day of Honor 2000 Project, a non-profit ther served or sacrificed their lives. In issue a proclamation ‘‘calling upon the organization based in Marlborro, Mas- addition, more than 300,000 Hispanic people of the United States to honor sachusetts. Americans, more than 50,000 Asians, these minority veterans with appro- Through Dr. William H. Smith’s lead- more than 20,000 Native Americans, priate programs and activities,’’ and I ership, the Project Executive, move- more than 6,000 Native Hawaiians and ask my colleagues to do so in their re- ment for the resolution took on a life Pacific Islanders, and more than 3,000 spective districts. of its own. His involvement in this ef- Native Alaskans also served their Winston Churchill once said that it is fort reflects a greater sense of unity country in protecting democracy and important for all of us to build wisely among Americans that we must make freedom. and surely, not for the moment, but for amends for the past. Despite the invidious discrimination the years to come. I am so very grati- Mr. Speaker, the resolution is an- that most minority veterans were sub- fied that my freedom was based upon other way of saying that we have not

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.099 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3561 forgotten those who fought or served of us, they adapted to changes or were the Our veterans, no matter their race, during World War II while simulta- engines of social change. But they have suf- color, or national origin, are a minor- neously discriminated against while at fered and sacrificed so much that few of us ity. Few who benefit from our life and home. Mr. Speaker, the resolution will ever understand. our liberties each day have ever had oc- brings closure to the families of many Veterans are dying at a rate of more than casion to serve our flag, have ever put veterans. And none of us can underesti- 1,000 a day. It is especially important, there- themselves in harm’s way for our Na- mate that phenomenon for each indi- fore, for Congress and the Administration to tion. vidual. do their part now to pay tribute to these men Mr. Speaker, I stand here today with The Day of Honor 2000 Project helped and women who served so valiantly in World humility and a deep sense of gratitude enlist the support of countless Ameri- War II. for those men and women who fought cans to make this resolution possible. The minority veterans from World War II and who sacrificed themselves for the Without its support, the resolution represent a significant part of what has been freedom of this country to preserve the would have probably never come to fru- called America's Greatest Generation. They principle of having one nation under ition. are American heroes that deserve recognition God, with liberty and justice for all Our goal is that the nation will have for their efforts. For this reason, the resolution people. an opportunity to pause on May 25th specifically asks President Clinton to issue a Mr. Speaker, for our minority vet- and throughout the year to express our proclamation ``calling upon the people of the erans, for our veterans’ minority, let gratitude to the veterans of all minor- United States to honor these minority veterans us remember the service, the sacrifice ity groups who served the nation so with appropriate programs and activities.'' of all, especially for this day of honor ably. Mr. Speaker, I urge my colleagues to vote for minority soldiers. When we look back to the harrowing in favor of this resolution. I thank all my col- Mr. Speaker, I am very grateful that days of World War II, we remember and leagues, in both Houses of Congress, for their I have had an opportunity to speak on revere the acts of courage and personal assistance in helping bring closure to the lives this resolution. sacrifice that each of our veterans gave of so many deserving Americans. Mr. EVANS. Mr. Speaker, I have no to their nation to achieve Allied vic- Mr. EVANS. Mr. Speaker, I yield 5 further requests for time, and I yield tory over Nazism and fascism. In the minutes to the gentlewoman from Indi- back the balance of my time. 1940s, minorities were utilized in the ana (Ms. CARSON), a tireless and effec- Mr. STUMP. Mr. Speaker, I yield my- allied operations just as any other tive advocate for our veterans. self such time as I may consume. American. Ms. CARSON. Mr. Speaker, I thank Mr. Speaker, I did an injustice to the During the war effort, at least the gentleman for yielding me this Tuskegee Airmen. I misspoke a mo- 1,200,000 African Americans citizens ei- time. ment ago when I said they flew 1,500 ther served or sacrificed their lives. In I thank the chairman of the com- sorties. Actually, they distinguished addition, more than 300,000 Hispanic mittee and certainly the gentleman themselves by flying 15,533 sorties, and Americans more than 50,000 Asians, from Illinois (Mr. EVANS), the ranking I want to correct the record. more than 20,000 Native Americans, member, the outstanding veteran him- Mr. BLUMENAUER. Mr. Speaker, more than 6,000 Native Hawaiians and self, and certainly the gentlewoman today the House will vote on H.J. Res. Pacific Islanders, and more than 3,000 from Texas (Ms. JACKSON-LEE), for the 98, which will designate May 25, 2000 as Native Alaskans also either served eloquent, articulate, and thorough the Day of Honor to celebrate minority their country in protecting democracy presentation on behalf of this needed veterans throughout the country. This and freedom. resolution. day will be set aside to recognize the Despite the invidious discrimination I remember, Mr. Speaker, the her- service of African Americans, Native that most minority veterans were sub- oism of the Buffalo soldiers serving in Americans, Asian Americans, and His- ject to at home, they fought honorably the vast West as our Nation grew to panic Americans in World War II. The along with all other Americans, includ- the Pacific many years ago, a fine tra- service and sacrifice of these men and ing other nations. An African Amer- dition. women is all the more moving because, ican was obliged to answer a call to Today, it is altogether fitting that in many cases, they fought to protect duty, indeed possibly sacrifice his life, we honor and recognize the service of freedoms that they themselves did not yet he or she enjoyed separate but minority veterans in our armed forces fully enjoy. equal status back home. during World War II. All together, Today, we understand that part of Too often, when basic issues of equality some 1.2 million African Americans what makes a community livable is re- and respect for their service in the war arose, served alongside 300,000 Hispanic Amer- spect for diversity and an appreciation Jim Crow and racial discrimination replied with icans; and 50,000 Asian Americans of our differences. Understanding our a resounding ``no.'' This is a sad but very real served during World War II, shoulder- history, even when it contains difficult chapter of our history. to-shoulder with other Americans, in memories, is an important part of This all happened, of course, before the the common cause of defeating the bridging the ethnic and cultural divi- emergence of Dr. Martin Luther King, Jr. in Axis powers. sions that still trouble us. America. As a nation, we have long since rec- The ordinary ground-pounding sol- African Americans were the largest ognized the unfair treatment of minorities as a diers served uncommonly well, with group of minority Americans to serve travesty of justice. The enactment of funda- great courage, in segregated units. in World War II. More than a million mental civil rights laws by Congress over the African American men and women b 1245 past half-century have remedied the worst of served in the United States Armed these injustices. And this has given us some The trials and tribulations of the Forces in the war. The famed 332nd hope. But, as we all know, we have yet to give black men who wanted to fly, our Fighter Group of the Tuskeegee Air- adequate recognition to the service, struggles, Tuskegee Airmen, who grew wings to men never lost a bomber under their and sacrifices of all our brave veteran Ameri- show the way for a generation; the ex- escort to an enemy fighter in 200 mis- cans. traordinary valor of our soldiers of sions. For many of these minority veterans, the Asian descent, fighting fiercely in Eu- The Day of Honor was celebrated in memories of World War II never disappear. rope, even as many of their families Portland last Saturday at Reflections, When we lose a loved one, whether it is a were imprisoned in camps in our West; a coffee and book store in my district. mother, father, sibling, child, or friend, we our Native American code-talkers who African American servicemen from all often sense that we lose a part of ourselves. used their languages to puzzle and de- branches of the United States military For each of us, the loss of lifeÐwhether ex- feat Japanese eavesdroppers, far from were recognized for their sacrifice and pected or notÐis not easily surmountable. their tribal lands. Those who served so heroism on the battlefield. I was espe- Minority veterans had to overcome a great well truly deserve our special honor cially pleased that Mr. Edgar L. Bold- deal after the war. They not only came back but, Mr. Speaker, the happy result of en, who served with the Tuskeegee Air- to a nation that did not treat them equally, but relative peace for us in these times is, men and now lives in the district I they were never recognized for the unique- at the same time, a sort of sad fact for serve, was the guest speaker at the ness of their efforts during the war. Like many America. event. Mr. Bolden trained as a fighter

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.062 pfrm06 PsN: H23PT1 H3562 CONGRESSIONAL RECORD — HOUSE May 23, 2000 pilot with the Tuskeegee Airmen, serv- bound by a love of the principles of duty to I strongly urge my colleagues to support this ing his country honorably, and then God and county. They lived in a separate legislation and to honor those who have went on to receive an engineering de- component of American society that was de- served in your communities. gree and work for the Federal Aviation fined by an unfortunate climate of prejudice. Mr. REYES. Mr. Speaker, I stand in strong Administration and in the private sec- African-Americans, Hispanics, native Hawai- support for H.J. Res. 98, Honoring WWII Mi- tor. ians, Chamorros, Samoans, Asian Americans, nority Veterans. Another outstanding group of Afri- Filipinos, American Indians, and Native Alas- This legislation honors their service and can Americans who served our country kans all served honorably in many capacities sacrifice. in World War II was the 555th Para- with the U.S. military to combat the hegemonic Despite suffering from inequality and dis- chute Infantry Battalion, the Army’s forces of Germany, Italy and Japan. crimination back home and in the military, they only all-African American parachute In segregated units, often led by white offi- did not hesitate to defend America with cour- infantry unit. Born within an armed cers, these noble men distinguished them- age and dedication. forces that had typically relegated Af- selves in combat and proved to the entire na- Our World War II veterans whether His- rican Americans to menial jobs and tion that they too were willing to lay down their panic, Native American, Asian, Hawaiian, Pa- programmed them for failure, the 555th lives for freedom. The Tuskeegee Airmen, the cific Islander or African-American, participated or ‘‘Triple Nickels’’ as they were famed 442nd Regimental Combat Team, the in combat operations around the globe to stem called, received new orders as the war 100th Infantry Battalion, the Navaho Code- the tide of fascism with pride and distinction. was drawing to a close—a change of Talkers, the U.S. Navy's Fita Fita Guard (a Their bravery, dedication, and commitment station to Pendleton Air Base in Pen- U.S. Navy auxiliary unit in American Samoa), was unwavering as reflected in the dispropor- dleton, Oregon. the 1st Samoan Battalion, U.S. Marine Corps, tionate number of Medal of Honor winners The 555th acquired a new nickname, and the Guam Combat Patrol (a U.S. Marine among their ranks. the ‘‘Smoke Jumpers’’ and they were Corps auxiliary unit in Guam) are just a few of Furthermore, as shown by our Native Amer- on emergency call to fight forest fires the organizations where minorities fought val- ican Navajo soldiers, their particular and in any of several western states. Their iantly in some of the most difficult combat as- unique skills in the war effort directly contrib- other mission was ‘‘Operation Firefly’’ signments anywhere in World War II. uted to the early success and ultimate victory in which they would parachute into This Joint Resolution commends the Afri- of our armed forces. areas where there were suspected Japa- can, Hispanic, Asian, and Native Americans, Clearly, our minority World War II veterans nese ‘‘balloon bombs—incendiary de- Native Hawaiians and Alaskans, Pacific Is- are patriots and heroes of the highest order. vices that had traveled across the Pa- landers and all other minority veterans, espe- They put their lives on the line for America, cific on hydrogen balloons and posed cially those who lost their lives. It also author- while segregation and prejudice persisted in the risk of setting fires and were a dan- izes and requests that the President issue a their homes and toward their families. ger to people. Indeed, a woman and five proclamation calling upon the people of the Their efforts and service in defense of our children were killed by one of these United States to honor minority veterans with Nation, broke stereotypes and the prejudice bombs near Bly, in southern Oregon. appropriate programs and activities. I want to they endured served to breakdown the doors The Triple Nickels carried out the haz- thank both Congresswoman JACKSON-LEE and of segregation for future generations. None- ardous mission of locating and dis- Senator KENNEDY for bringing this Joint Reso- theless, far too many of these veterans re- posing of these bombs. Two years later lution to the floor and ensuring that all Pacific turned to a Nation that did not fully recognize in 1947, the 555th became the unit that Islanders were accounted for within the lan- their service, nor welcome them back like integrated the Army when they became guage of this bill. We are all humbled and other American soldiers who had defended members of the 82nd Airborne. honored by their service and sacrifice. I urge our freedom and liberty. These are just a few of the many ex- all my colleagues to vote for its passage. It is long overdue that we give them the rec- amples of sacrifice and bravery dis- Mr. BENTSEN. Mr. Speaker, as an original ognition and accolades they deserve. played by minority veterans in World cosponsor of H.J. Res. 98, I rise today in Our minority veterans should be celebrated, War II. I’d like to take this oppor- strong support of legislation that would honor honored, and recognized for their exceptional tunity to thank all of our veterans. It those minority World War II veterans who contributions to the war effort as part of is because of them that we were able to served our nation when duty called. On May ``America's Greatest Generation.'' exercise the freedoms that are central 25, 2000, the Day of Honor Project, will be They fought against fascism abroad, and to our Nation’s character. honoring those minority servicemen and racism and segregation at home. They are Mr. UNDERWOOD. Mr. Speaker, I rise in women made to help our nation during World veterans of war and veterans of the struggle strong support of H.J. Res. 98 offered by Con- War II. for freedom and civil rights. gresswoman JACKSON-LEE and sponsored by It is estimated that more than 1.2 million Af- I therefore am pleased that we commend senator KENNEDY in the Senate. As a co-spon- rican-Americans, more than 300,000 Hispanic- these veterans for their service and sacrifice sor I welcome this long over due resolution, Americans, more than 50,000 Asian-Ameri- with this Joint Resolution. which calls for a presidential proclamation cans, more than 20,000 American Indians, This bill will honor those minority veterans designating May 25, 2000 as a national Day of more than 6,000 Native Hawaiians and Pacific who gave their lives, support the goals of a Honor for minority veterans of World War II. Islanders, and 3,000 Native Alaskans served Day of Honor in celebration and recognition of This resolution is an important and fitting in the Armed Forces during World War II. their extraordinary service, and authorize and tribute to the tens of thousands of minority I believe that these men and women de- request a Presidential proclamation to honor Americans who set aside political, economic serve our thanks for courageous service and these veterans with appropriate programs and and social disenfranchisement, to answer the sacrifice on behalf of our nation. In many activities. call to arms against the forces of tyranny. cases, these minority veterans did not receive These veterans deserve this recognition and In the beginning of the war, many minority proper recognition or awards for their valor we owe them a tremendous debt of gratitude servicemen were relegated to serve only in and courage during wartime efforts. that can never be repaid. ``rear echelon'' positions or support positions This Sense of the House resolution is part However, with this resolution let us salute during the war. They served as munitions of the national effort to enlist communities and thank our minority World War II veterans. men, truck drivers, cooks, stewards, and in around the nation to honor these World War II I therefore ask that my colleagues join me cleaning and repair details. Minorities also la- minority veterans as part of their Memorial day to overwhelmingly support this bill. bored in the factories and farms throughout celebrations. This legislation also requests that Mr. ORTIZ. Mr. Speaker, I thank the Vet- the United States working towards the war ef- the President of the United States issue a erans' Affairs Committee for bringing this im- fort. In many cases, when in combat zones, proclamation calling upon the people of the portant resolution before the House of Rep- the men in these positions manned weapons United States to honor these minority veterans resentatives this week. The committed service and fought honorably side-by-side with white with appropriate programs and activities. of the veterans of World War II, especially that soldiers and sailors during furious engage- On May 25, 2000, I will be remembering of minority veterans, can never be noted too ments. these men and women who gave their lives in often. For minority veterans, their desire to Later in the war, after much lobbying efforts some cases for our freedom. As we all re- serve this country was a monumental move- by minority leaders, combat units were estab- member, freedom is not free and we all must ment in democracy and social change. lished for minorities. These brave men and never forget the sacrifices that these men and While many people pinpoint the 1960s, and women came from all walks of life but were women made to ensure our freedom today. the civil rights movement in that decade, with

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\CR\FM\A23MY7.064 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3563 moving the nation closer to social progress, it About one-third of their members volunteered There was no objection. was WWII and the minority veterans who dis- from U.S. relocation camps to which they had The Clerk read the Senate joint reso- tinguished themselves so often and so val- been sent as ``enemies'' of America. lution, as follows: iantly who gave us the opportunity to move In four weeks of heavy combat in October± S.J. RES. 44 forward as a community and a nation. November 1944, the 442d RCT liberated Whereas World War II was a determining Let me tell you a little bit about one of the Bruyeers and Biffontaine and rescued a ``lost event of the 20th century in that it ensured most important and influential members of the battalion'' that had become cut off from the the preservation and continuation of Amer- WWII generation. Those Hispanics who fought 36th Division. For this the 100th, 2d, and 3d ican democracy; against the Nazis and Imperial Japan showed Battalions, 442d Infantry, and the 232d Engi- Whereas the United States called upon all their bravery and courage time and time neer Company were each awarded the Distin- its citizens, including the most oppressed of guished Unit Citation [later re-designated as its citizens, to provide service and sacrifice again. They came home from the war that in that war to achieve the Allied victory equalized the rich and poor, educated and the President Unit Citation]. over Nazism and fascism; uneducated, to a country which still openly Two soldiers of Asian ancestry, Army Pfc. Whereas the United States citizens who discriminated against them because of their Sadao Munemori and Jose Calugas of the served in that war, many of whom gave the ethnicity. Philippine Scouts, received the Medal of ultimate sacrifice of their lives, included Probably the best-known WWII veteran His- Honor, the nation's highest military accolade, more than 1,200,000 African Americans, more panic descent in South Texas was Dr. Hector during the World War II era. than 300,000 Hispanic Americans, more than P. Garcia. Dr. Garcia came back to South At least 20 Asian-American heroes of World 50,000 Asian Americans, more than 20,000 Na- War II will belatedly receive the Medal of tive Americans, more than 6,000 Native Ha- Texas and was, with many Hispanic veterans, waiians and Pacific Islanders, and more than treated with familiar contempt by people in the Honor in the White House ceremony on June 21. Only 441 such awards were given during 3,000 Native Alaskans; country for which they had shed blood in a Whereas because of invidious discrimina- great war and a just cause. WWII. This tribute completes an effort ordered tion, many of the courageous military ac- What crystallized the cause of civil rights for by Congress to identify Asian-Americans and tivities of these minorities were not reported so many Hispanic veterans and Hispanic Pacific Islanders who had won the second- and honored fully and appropriately until Americans was the treatment of Army Private highest medal, the Distinguished Service decades after the Allied victory in World Felix Longoria, a soldier lost in WWII. Cross, and to recommend Medal of Honor up- War II; grades to President Clinton in deserving Whereas the motto of the United States, Longoria's family wanted to bury him at Three ‘‘E Pluribus Unum’’ (Out of Many, One), pro- Rivers near their home, but the cemetery was cases. Sen. Daniel Inouye, D±Hawaii, will be among those recipients. Many others cited motes our fundamental unity as Americans for whites only. and acknowledges our diversity as our great- Dr. Garcia, and all veterans who were com- were killed in action or have died since the est strength; and ing home were shocked by the blatant racism war, and family members will accept the Whereas the Day of Honor 2000 Project has that was still so prevalent in their home. They awards posthumously. enlisted communities across the United Primary among Pacific Islanders serving in believed in fighting for the cause of democracy States to participate in celebrations to WWII were the Filipino Vets. As members of honor minority veterans of World War II on and for the United States. They also believed Philippine army scouts and guerrilla units at- May 25, 2000, and throughout the year 2000: that their service would bring them the respect tached to U.S. forces during World War II, Now, therefore, be it that had elluded them in everyday life before they fought alongside Americans at Bataan, Resolved by the Senate and House of Rep- the war. resentatives of the United States of America in survived the infamous ``Death March,'' hid and Dr. Garcia called the funeral home and Congress assembled, That Congress— fed U.S. soldiers who escaped capture and asked them to reconsider. The funeral home (1) commends the African American, His- helped Gen. Douglas MacArthur's army lib- owner refused. Dr. Garcia and other South panic American, Asian American, Native erate their homeland, then an American col- Texas veterans were not deterred. They took American, Native Hawaiian, Pacific Island- ony. These deserving veterans are in a fight, ers, Native Alaskan, and other minority vet- their case to the federal level via telegrams even now, to obtain the benefits they deserve erans of the United States Armed Forces and correspondence. Longoria was buried two from the United States government. who served during World War II; months later in Arlington National Cemetery This is a record of stellar service. So, it is (2) especially honors those minority vet- with the help of then-Senator Lyndon Johnson. fitting that we pass H.J. Res. 98 today to erans who gave their lives in service to the Out of all this came the American GI Forum, honor those who served as well during that United States during that war; (3) supports the goals and ideas of the ‘‘Day the first Hispanic civil rights organization. His- war and who have never truly been recog- panics in the United States have proudly of Honor 2000’’ in celebration and recognition nized for their effort and their sacrificesÐoften of the extraordinary service of all minority served their country from the American Revo- the ultimate sacrifice, their lives. lution to our NATO activity in Kosovo. In the veterans in the United States Armed Forces Mr. STUMP. Mr. Speaker, I have no during World War II; and course of that service, 38 Hispanics have further requests for time, and I yield (4) authorizes and requests that the Presi- been awarded the Medal of Honor, our coun- back the balance of my time. dent issue a proclamation calling upon the try's highest award for military bravery and The SPEAKER pro tempore (Mr. people of the United States to honor these service. That is the highest number of Medals BARRETT of Nebraska). The question is minority veterans with appropriate pro- of Honor among ethnic minorities. I appreciate on the motion offered by the gen- grams and activities. the efforts of the House of Representatives tleman from Arizona (Mr. STUMP) that The Senate joint resolution was or- today in honoring these minority veterans. the House suspend the rules and agree dered to be read a third time, was read Mrs. MINK of Hawaii. Mr. Speaker, I rise in to the joint resolution, H.J. Res. 98. the third time, and passed, and a mo- support of H.J. Res. 98, the Day of Honor The question was taken; and (two- tion to reconsider was laid on the 2000 to honor and recognize the service of thirds having voted in favor thereof) table. minority veterans in the United States Armed the rules were suspended and the joint A similar House joint resolution Forces during World War II. I am an original resolution was agreed to. (H.J. Res. 98) was laid on the table. cosponsor of H.J. Res. 98. A motion to reconsider was laid on f Since the days of the Buffalo Soldiers the table. (1866), minorities have served with bravery Mr. STUMP. Mr. Speaker, I ask CONSIDERING MEMBER AS FIRST and distinction in the United States Military unanimous consent to take from the COSPONSOR OF H.R. 1202 with little or no recognition. There were twen- Speaker’s table the Senate joint reso- Mr. FRANKS of New Jersey. Mr. ty-three Medal of Honor recipients from the lution (S.J. Res. 44) supporting the Day Speaker, I ask unanimous consent that four African American army regiments that of Honor 2000 to honor and recognize I may hereafter be considered as the came to be known as the Buffalo Soldiers. the service of minority veterans in the first sponsor of H.R. 1202, a bill origi- Asian Americans, Pacific Islanders, and Na- United States Armed Forces during nally introduced by Representative tive Hawaiians also served their country hon- World War II, and ask for its imme- Brown of California, for the purpose of orably and with great distinction during World diate consideration in the House. adding cosponsors and requesting War II. The Clerk read the title of the Senate reprintings under clause 7 of rule XII. Many Japanese-Americans served with the joint resolution. The SPEAKER pro tempore. Is there Army's much-decorated 442nd Regimental The SPEAKER pro tempore. Is there objection to the request of the gen- Combat Team or 100th Infantry Battalion. Or- objection to the request of the gen- tleman from New Jersey? ganized in Hawaii, the units fought in Europe. tleman from Arizona? There was no objection.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.067 pfrm06 PsN: H23PT1 H3564 CONGRESSIONAL RECORD — HOUSE May 23, 2000 URGING COMPLIANCE WITH HAGUE Whereas some contracting states fail to It is obvious from the circumstances, CONVENTION ON CIVIL ASPECTS order or enforce normal visitation rights for that it is necessary to do so, and I want OF INTERNATIONAL CHILD AB- parents of abducted or wrongfully retained to commend the gentleman from Ohio children who have not been returned under (Mr. CHABOT), a member of our Com- DUCTION the terms of the Hague Convention; and Mr. GILMAN. Mr. Speaker, I move to Whereas the routine invocation of the Ar- mittee on International Relations, suspend the rules and agree to the con- ticle 13 exception, denial of parental visita- who, on behalf of 132 cosponsors, intro- current resolution (H. Con. Res. 293) tion of children, and the failure by several duced this measure. urging compliance with the Hague Con- contracting parties, most notably Austria, I would also like to thank the gen- Germany, Honduras, Mexico, and Sweden, to vention on the Civil Aspects of Inter- tleman from Texas (Mr. LAMPSON), who fully implement the Convention deprives the is the chairman of the Caucus on Miss- national Child Abduction, as amended. Hague Convention of the spirit of mutual The Clerk read as follows: ing and Exploited Children. He has de- confidence upon which its success depends: voted a great deal of his time to raising H. CON. RES. 293 Now, therefore, be it Resolved by the House of Representatives (the our level of awareness of the growing Whereas the Department of State reports problem of international child abduc- that at any given time there are 1,000 open Senate concurring), That Congress urges— cases of American children either abducted (1) all contracting parties to the Hague tion. from the United States or wrongfully re- Convention, particularly European civil law We are taking action on this measure tained in a foreign country; countries that consistently violate the on behalf of the parents of our ab- Whereas many more cases of international Hague Convention such as Austria, Germany ducted and wrongfully-retained chil- child abductions are not reported to the De- and Sweden, to comply fully with both the dren. These left-behind parents have partment of State; letter and spirit of their international legal put their faith and trust in an inter- Whereas the situation has worsened since obligations under the Convention; (2) all contracting parties to the Hague national agreement, the Hague Conven- 1993, when Congress estimated the number of tion, which is clear and explicit on the American children abducted from the United Convention to ensure their compliance with States and wrongfully retained in foreign the Hague Convention by enacting effective obligation of signatory governments to countries to be more than 10,000; implementing legislation and educating return an abducted or wrongfully-re- Whereas Congress has recognized the grav- their judicial and law enforcement authori- tained child to his or her country of ity of international child abduction in enact- ties; habitual residence. Nevertheless, we ing the International Parental Kidnapping (3) all contracting parties to the Hague found that in a number of nations, for Crime Act of 1993 (18 U.S.C. 1204), the Paren- Convention to honor their commitments and a variety of reasons, this does not tal Kidnapping Prevention Act (28 U.S.C. return abducted or wrongfully retained chil- occur and the resultant frustration, dren to their place of habitual residence 1738a), and substantial reform and reporting the heartbreak, and outrage has led us requirements for the Department of State in without reaching the merits of any under- the fiscal years 1998–1999 and 2000–2001 For- lying custody dispute and ensure parental to act on the measure before us today. eign Relations Authorization Acts; access rights by removing obstacles to the I should also add that we need to Whereas the United States became a con- exercise of such rights; have our State Department do more to tracting party in 1988 to the Hague Conven- (4) the Secretary of State to disseminate to promote compliance with the Hague tion on the Civil Aspects of International all Federal and State courts the Department Convention. The return of an abducted Child Abduction (in this concurrent resolu- of State’s annual report to Congress on or illegally-retained child should be on tion referred to as the ‘‘Hague Convention’’) Hague Convention compliance and related the top of the Secretary’s meetings and adopted effective implementing legisla- matters; and with any official of a country involved tion in the International Child Abduction (5) each contracting party to the Hague in such cases. Remedies Act (42 U.S.C. 11601 et seq.); Convention to further educate its central au- This is not a problem that should be Whereas the Hague Convention establishes thority and local law enforcement authori- mutual rights and duties between and among ties regarding the Hague Convention, the se- handled as a routine exchange of diplo- its contracting states to expedite the return verity of the problem of international child matic notes or by phone calls by any of children to the state of their habitual resi- abduction, and the need for immediate ac- junior U.S. official to their foreign dence, as well as to ensure that rights of cus- tion when a parent of an abducted child counterparts. We need to see some con- tody and of access under the laws of one con- seeks their assistance. cern and some concrete actions by the tracting state are effectively respected in The SPEAKER pro tempore. Pursu- highest levels of our government to re- other contracting states, without consider- ant to the rule, the gentleman from dress what is evidently a growing ation of the merits of any underlying child international problem. custody dispute; New York (Mr. GILMAN) and the gen- Whereas Article 13 of the Hague Conven- tleman from Florida (Mr. HASTINGS) It is our hope, Mr. Speaker, that by tion provides a narrow exception to the re- each will control 20 minutes. adopting this resolution we will be quirement for prompt return of children, The Chair recognizes the gentleman sending a strong signal to those gov- which exception releases the requested state from New York (Mr. GILMAN). ernments which fail to honor consist- from its obligation to return a child to the GENERAL LEAVE ently their international commit- country of the child’s habitual residence if it Mr. GILMAN. Mr. Speaker, I ask ments. This is an issue that we care is established that there is a ‘‘grave risk’’ unanimous consent that all Members deeply about. We need to focus the at- that the return would expose the child to may have 5 legislative days within tention of the governments of Ger- ‘‘physical or psychological harm or other- many, of Sweden, Austria, Mexico, and wise place the child in an intolerable situa- which to revise and extend their re- tion’’ or ‘‘if the child objects to being re- marks on House Concurrent Resolution Honduras on this issue to make them turned and has attained an age and degree of 293. understand that they cannot expect maturity at which it is appropriate to take The SPEAKER pro tempore. Is there the Hague Convention to be a one-way account of [the child’s] views’’; objection to the request of the gen- street. Whereas some contracting states, for ex- tleman from New York? Accordingly, Mr. Speaker, I urge the ample Germany, routinely invoke Article 13 There was no objection. House to unanimously agree to this as a justification for nonreturn, rather than Mr. GILMAN. Mr. Speaker, I yield resolution. resorting to it in a small number of wholly myself such time as I may consume. Mr. Speaker, I reserve the balance of exceptional cases; (Mr. GILMAN asked and was given my time. Whereas the National Center for Missing Mr. HASTINGS of Florida. Mr. and Exploited Children (NCMEC), the only permission to revise and extend his re- institution of its kind, was established in the marks.) Speaker, I yield myself such time as I United States for the purpose of assisting Mr. GILMAN. Mr. Speaker, I rise in may consume. parents in recovering their missing children; strong support of H. Con. Res. 293. This Mr. Speaker, I rise in strong support Whereas Article 21 of the Hague Conven- resolution urges compliance with the of the resolution. Many of us have read tion provides that the central authorities of Hague Convention on the civil aspects press accounts of children stolen from all parties to the Convention are obligated to of international child abduction. It is their American mothers or fathers and cooperate with each other in order to pro- regrettable that we are in a position in whisked away to a foreign country by mote the peaceful enjoyment of parental ac- this resolution of the need to criticize the noncustodial parent. The heart- cess rights and the fulfillment of any condi- tions to which the exercise of such rights by name several nations with whom we break of the left-behind parent is too may be subject, and to remove, as far as pos- have otherwise had friendly relations: often compounded by the realization sible, all obstacles to the exercise of such Germany, Austria, Sweden, Honduras, that the country to which the abduct- rights; and Mexico. ing parent has fled is actually helping

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.069 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3565 that parent to hide the children. This severity of the problem of inter- bring Carina home has been met with assistance to the abductors by coun- national child abduction and the need rejection by Austria. tries like Germany, Austria, Sweden, for immediate action, when a parent of Every attempt to seek justice from and Mexico is contrary to the letter an abducted child seeks their assist- the Austrian government has been and spirit of the Hague Convention on ance. stonewalled, and it is time that Tom the civil aspects of international child This is the very least we can do to Sylvester got his daughter Carina back abduction. address the heartbreak of thousands of to the United States. That is where she In at least 30 cases in Germany, for American left-behind parents, and I belongs. example, German judges have flouted strongly urge its adoption. b 1300 the basic tenets of the Hague Conven- Mr. Speaker, I reserve the balance of tion and have allowed the fleeing par- my time. During a hearing on the Committee ent to continue to hide the children Mr. GILMAN. Mr. Speaker, I yield 5 on International Relations in March of from their American parents and even minutes to the gentleman from Ohio this year, I had the opportunity to dis- to deny them the most minimal con- (Mr. CHABOT), the original sponsor of cuss Tom Sylvester’s case with Sec- tact with their children. Germany is a this measure. retary of State Madeline Albright. The signatory to the Hague Convention. Mr. CHABOT. Mr. Speaker, first let Secretary promised to bring up the Resolutions like the one we have be- me express my thanks to the gen- case during her discussions with the fore us, and I compliment the chairman tleman from New York (Mr. GILMAN) Austrian government, and she com- of the committee for expediting this for his long-standing leadership in this mitted to a meeting with Mr. Syl- matter and the fine work done by my issue. He has been a real advocate for vester, myself, and my colleague, the colleagues, particularly the gentleman those families who have been victim- gentleman from Cincinnati, Ohio (Mr. from Ohio (Mr. CHABOT) and the gen- ized by international parental child ab- PORTMAN). Hopefully, that meeting will tleman from California (Mr. OSE) and duction. All of us who have worked on take place soon. the gentleman from Texas (Mr. this issue appreciate his stewardship. By personally engaging in this issue, LAMPSON). Resolutions like the one we I also want to thank the gentleman the Secretary will be expressing her have before us today are one way that from Florida (Mr. HASTINGS) for his solidarity with all of those parents Congress can send a message to these leadership on this very important throughout the country who face the countries, most of which are friends issue; and I want to particularly thank same painful ordeal that Tom Syl- and allies of the United States, that we my friend, the gentleman from Texas vester faces every day, and she will be will not be silent in the face of these (Mr. LAMPSON), the principal cosponsor sending a strong message to those of- tragedies. of the bipartisan resolution. As the fending countries who fail to honor Mr. Speaker, make no mistake, these founder and chairman of the Congres- their obligations under the Hague Con- cases are tragedies, tragedies of broken sional Caucus on Missing and Exploited vention that the United States Govern- families, traumatized children, bereft Children, he has worked tirelessly on ment is serious about bringing our mothers and fathers who are left be- behalf of abducted children. He comes children home. hind with precious little hope of ever down here every single day and gives a House Concurrent Resolution 293 is seeing their children again. These cases speech on a different particular case very straightforward. We are urging all are, sadly, not rare. Every year it is es- that has happened and he has devoted a contracting parties to the Hague Con- timated that at least 1,000 boys and lot of time and a lot of effort on this vention on the Civil Aspects of Inter- girls are taken from their American issue and to the families and he has national Child Abduction to comply parents. There are as many as 10,000 been a very effective partner in this fully with both the letter and the spirit cases of children wrongfully retained legislative effort. of their international legal obligations by their noncustodial parents cur- More than 130 cosponsors have joined under the convention; to ensure their rently on file. The Hague Convention in this effort to bring attention to the compliance by enacting effective im- clearly states that custody disputes tragedy of international parental child plementing legislation and educating should be decided in the country in abduction. I know the families of those their judicial and law enforcement au- which the child habitually resides, but children appreciate the support of thorities; and to honor their commit- time and again foreign courts have in- Members of Congress like the gentle- ments and return wrongfully abducted tervened and decided custody cases, woman from Florida (Mrs. FOWLER); children to their place of habitual resi- even though the children in question the ranking member of the Committee dence and ensure parental access rights are American-born and have spent on International Relations, the gen- by removing obstacles to the exercise their lives up to the point of their ab- tleman from Connecticut (Mr. GEJDEN- of those rights. duction in America. SON); the gentleman from Ohio (Mr. Mr. Speaker, thousands of American In the case of Joseph Cooke, whose PORTMAN); the gentleman from Cali- parents wake up each morning with a story was so movingly described re- fornia (Mr. OSE); and so many others. glimmer of hope that they will soon be cently in the Washington Post, German I would also particularly like to reunited with their abducted children. courts even gave the German foster thank my legislative director Kevin Most of those parents go to bed again parents of his children greater rights Fitzpatrick who spent many, many that night broken-hearted. Sadly those than they accorded Mr. Cooke himself, hours working on this issue and talk- left-behind parents all too often believe the children’s father. ing with someone in my district who that they have nowhere to turn and Mr. Speaker, the resolution before us has been hit with this on a personal that is truly a tragedy. urges our friends, neighbors, and allies basis. Today, we are sending a message to to live up to their commitments in I first became aware of this issue on our State Department that the return signing the Hague Convention on the a personal level when a gentleman by of our children is a national priority. civil aspects of international child ab- the name of Tom Sylvester from my Today, we are saying to those nations duction. It asks countries to enact ef- hometown of Cincinnati, his daughter who routinely ignore their obligations fective implementing legislation; to Carina was abducted by her mother in under the Hague convention: send our educate their judicial and law enforce- 1995 and taken to Austria where she re- children home. ment authorities; to return abducted mains today. Despite a number of court Mr. Speaker, those long suffering and wrongfully-retained children to orders in both the United States and in left-behind parents need to know that their place of habitual residence with- Austria, including an order by the Aus- their government is behind them, and out reaching the merits of any under- trian Supreme Court that clearly ruled that their government will keep fight- lying custody dispute; and to ensure that the child should be returned to ing for them until the last stolen parental access rights by removing ob- Tom Sylvester, Carina has not been re- American child comes safely home. stacles to the exercise of such rights; turned to her father. Let us have a resounding show of sup- and to further educate its central au- During the last 5 years, he has only port for this resolution. thority and local law enforcement au- been able to see her briefly and in a su- Mr. HASTINGS of Florida. Mr. thorities on the Hague Convention, the pervised setting. Every attempt to Speaker, I am privileged and honored

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.071 pfrm06 PsN: H23PT1 H3566 CONGRESSIONAL RECORD — HOUSE May 23, 2000 to yield 5 minutes to the distinguished lowed his child from Sweden to Norway not abiding to the Hague Treaty. This resolu- gentleman from Texas (Mr. LAMPSON), to Spain and finally to Scotland; and tion does just that. As I said in March, I would who has been a tireless worker in this Mr. Marinkovich won his case last Fri- like to issue a challenge to each of you to help effort to bring this matter to fruition. day in Scotland after 31⁄2 years on the carry this message forward and help us ``Bring (Mr. LAMPSON asked and was given run. His child was located with the our Children Home.'' permission to revise and extend his re- child’s mother there in Scotland, and it The SPEAKER pro tempore (Mr. marks.) was only after involvement by this KUYKENDALL). Does the gentleman Mr. LAMPSON. Mr. Speaker, I thank government, by this Congress, by our from California (Mr. OSE) seek to claim the gentleman from Florida (Mr. State Department and high-ranking the remaining time of the gentleman HASTINGS) for giving me the oppor- administration officials that this case, from New York (Mr. GILMAN)? tunity to speak in support of House his case, took a turn for the better. Mr. OSE. Yes, Mr. Speaker. Concurrent Resolution 293. As chair- It was televised in Sweden; someone The SPEAKER pro tempore. Without man and founder of the Congressional saw it and recognized Gabriel, who had objection, the gentleman from Cali- Missing And Exploited Children’s Cau- moved to Spain. The case was inves- fornia (Mr. OSE) will control the re- cus, I am very, very pleased that the tigated in Spain, and he was located in maining time allotted to the gen- House Committee on International Re- Scotland. His ex-wife was arrested. Ga- tleman from New York (Mr. GILMAN). lations and the gentleman from New briel was in the care of social services, There was no objection. York (Chairman GILMAN) and the gen- and Paul won the Hague case on Fri- Mr. OSE. Mr. Speaker, I reserve the tleman from Connecticut (Mr. GEJDEN- day. That is a thrill to me to know balance of my time. SON) have recognized the importance of that this Congress made a difference. Mr. HASTINGS of Florida. Mr. an issue that the gentleman from Ohio Another gentleman named Jim Speaker, I yield 31⁄2 minutes to the gen- (Mr. CHABOT) and the gentleman from Rinaman, Jim was a father who I met tleman from California (Mr. OSE) to California (Mr. OSE) and I have been back in February and March. He saw speak to the issue because we have a pushing on for quite a long time of his daughter for the first time in 5 considerable amount of time, but more international parental child abduction. years in Germany. The pressure that importantly because the gentleman has The bill that this body will vote on the German government is feeling is been tireless in his efforts to bring this today calls on the signatories of the becoming apparent. The German press matter to fruition. Hague Convention of Civil Aspect of has picked up on this issue and is put- Mr. OSE. Mr. Speaker, I want to ex- Child Abduction to abide by the provi- ting pressure on families over there. press my appreciation to the gen- sions of the Hague Convention. Mr. Speaker, I have to read a part of tleman from New York (Chairman GIL- Three months ago, I came before that an e-mail that came. While it was di- MAN) and the gentleman from Florida committee, with a number of parents, rected to me, I share and feel that it (Mr. HASTINGS) for their efforts here. I to announce to Congress and to the should be shared with every Member of also want to memorialize the efforts of American people that it was time for Congress who has touched this issue in the gentleman from Ohio (Mr. CHABOT) America and our foreign counterparts the last several months. He says: and the gentleman from Texas (Mr. to sit up and take notice of the 10,000 ‘‘Thank you so much for all of your LAMPSON) in bringing this matter to American children that have been ab- help. I really admire you and the other the attention of the Congress. ducted overseas, and that time has Members for the way that you have What we are really talking about come. taken on this issue. You can count on here is how one defines a country of ha- We are pointing fingers today at me for any assistance I might be able bitual residency and putting the chil- those countries who have not lived up to provide for your continued efforts. dren in the position where they can to their side of the deal, and I know As difficult as my situation still is, I live in those countries. that the United States is not perfect, am very much relieved, and I know As others have spoken so eloquently that we still have much educating to there are solutions still to be found for about the fact of this matter, about the do of the judges who deal with this other parents and children and Cath- relative rates of return by our country issue, but the return rate by the United erine. I believe that the German gov- to others as opposed to those of other States to other Hague countries is up- ernment, for one, is learning a new countries to us, I will not spend a lot of wards of 89 percent. We know that kind of respect for the United States time on that. American children are returned at a because of the principal people like you But I do want to make a couple rate far less than what the United and other Members of Congress who points, and that is I am new here, if States returns, only about 24 percent. have presented and refused to com- you will. I have asked for recognition These parents’ children have been ab- promise. There will be many parents from the gentleman from Florida (Mr. ducted to Hague countries all over the and children who will always deeply HASTINGS) from the other side of the world. This issue is one that is non- appreciate what you are doing. I have aisle, and I have come to the lectern partisan and one that none of us can attached photos of Julia. As you can that is typically reserved for Members afford to ignore. I am truly pleased to see, she is well, and, thankfully, she of the other side, to highlight that this have introduced this resolution with will grow up with the opportunity to be issue is not a partisan issue. This is an my friend, the gentleman from Ohio equally proud of being American and issue that touches every single district (Mr. CHABOT). Our resolution urges all German.’’ in this country. It touches constituents contracting parties to the Hague Con- Well, to me, that is what this is from Portland, Maine; to San Diego, vention, particularly European civil about. And I want to take just a California; to Binghamton, New York; law countries, that consistently violate minute to commend the people like to Seattle, Washington. Every single the Hague Convention, such as Austria, John Herzberg on the committee and district. That is why it is important. Germany and Sweden, to comply fully Abby Hochberg Shannon on my staff Now, the gentleman from Texas (Mr. with both the letter and the spirit of and others on the staff like Khristyn LAMPSON) highlighted a success story their international legal obligations Brimmeier and so many others who that we recently had. I am hopeful that under this convention, in addition to have spent so much of their time and that gentleman and his child are home urging all contracting parties to ensure effort. This issue would not have been now. I am hopeful that the second case their compliance with the convention brought to where it is today without so that the gentleman mentioned comes by enacting effective implementing much work on the part of our staffs. to a successful fruition, also. I am will- legislation and educating their judicial Mr. Speaker, I support this and only ing to take these cases one at a time, law enforcement authorities. ask to bring our children home. just case by case. I want to start on Mr. Speaker, we know that this is As I stated in my press conference three June 2 and June 3 by having the Presi- making a difference. We know that our months ago, we need to raise awarenessÐ dent of the United States speak to the voices are being heard. I know that last parents from across the country have been chancellor of Germany about specific Friday, a gentleman whose name is contacting their Members of Congress. And cases in Germany that they can both Paul Marinkovich, had a case in the we must continue to put pressure on other together reach out and change, the courts in Scotland after he had fol- countries that are Hague signatories, that are Cooke case in particular.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.073 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3567 It is possible for two people, Presi- tion to be our resounding statement ment of parental access rights,'' there is no dent Clinton and Chancellor Schroeder, that we pride and love our children and excuse for countries such as Germany, Aus- to get together and change the course that we will work with America’s par- tria and even Sweden for allowing such a trav- of the future of that family for the ents to ensure their safe return to esty of justice to take place. positive, consistent with the treaty them. I urge my fellow members of Congress to that both countries have our adherence Mr. Speaker, as a cosponsor of House Con- pass this most important resolution that urges to, consistent with the case law and current Resolution 293, I rise in support of compliance with the Hague Convention. the family law in both countries. urging member nations of the Hague Conven- We can no longer stand idly by as American Before I came to Congress, I once tion on the Civil Aspects of International Child parents are subjected to the torture of not heard that it takes a village to raise a Abduction to comply with this most important being allowed to see the most precious gift child. I do not say that in any means to treaty. God has given them, their children. belittle it, because it is true. We collec- This Resolution urges the United States and The SPEAKER pro tempore. Without tively raise our children. There are member nations to implement legislation in the objection, the gentleman from New times when I am not home, and my International Child Abduction Remedies Act York (Mr. HOUGHTON) will control the neighbor helps raise my kids. and establishes reciprocal rights and duties remaining time of the majority side. What we need to have is for the between contracting states to expedite the re- There was no objection. President to stand and speak for the turn of children to the state of their habitual Mr. HOUGHTON. Mr. Speaker, I re- parents and children who are Ameri- residence. serve the balance of my time. cans. The purpose of the Hague convention is to The SPEAKER pro tempore. The gen- Mr. HASTINGS of Florida. Mr. ensure that the custody rights under the laws tleman from New York (Mr. HOUGHTON) Speaker, I yield 2 minutes to the dis- of one contracting state are effectively re- has 12 minutes remaining, and the gen- tinguished gentlewoman from Texas spected in other contracting states. tleman from Florida (Mr. HASTINGS) (Ms. JACKSON-LEE) and note that she, Although the Hague Convention provides a has 6 minutes remaining. too, has been tireless in her efforts and narrow exception to the requirement of the b 1315 is a cosponsor of the measure before us prompt return of children that releases the today. member state from its obligations, but this is Mr. HASTINGS of Florida. Mr. (Ms. JACKSON-LEE of Texas asked only if it has been determined that returning Speaker, I yield myself the balance of and was given permission to revise and the child would impose a ``grave risk'' of my time. extend her remarks.) ``physical or psychological harm'' among other Mr. Speaker, I would simply like Ms. JACKSON-LEE of Texas. Mr. simply to thank the majority staff of Speaker, let me, first of all, thank the things. Unfortunately, member states have abused the Committee on International Rela- gentleman from Texas (Mr. LAMPSON) this exception and are condoning the illegal tions for their handling of this matter, and the great work that I have en- and, of course, the minority staff, with joyed, him leading out on and being separation of children across the country from their biological parents. specific reference to Sean Carroll and able to be part of the Caucus for Miss- Kathleen Moazed, and my legislative ing and Exploited Children, as it has For example, Joseph Cooke of New York, lost his two children to strangers in Germany director, Fred Turner, and all of us worked with the caucus that I have that are associated with this matter. chaired, the Congressional Children’s after his ex-wife abducted them and placed Mr. ACKERMAN. Mr. Speaker, I rise today Caucus. them in the care of the German Youth Author- to express my support for the House Concur- I wanted to rise today because this is ity. such an important piece of legislation The fact that Joseph was awarded custody rent Resolution, H. Con. Res. 293, which calls to advocate for the importance of chil- by a U.S. Court and the fact that the Hague on parties to the Hague Convention on Civil dren in America and the importance of Convention, of which Germany is a member, Aspects of International Child Abduction to the sanctity and the sacredness of our requires that custody be determined in the abide by the provisions of that agreement. children. child's home country, the German courts The State Department reports that nearly Let me briefly suggest that America awarded custody to the foster family. 1,000 children a year are abducted by a par- has watched over the last couple of The State Department claims that is cannot ent and taken outside of the United States. months the unfolding of an enormous enforce the Hague Convention or interfere in According to a report recently released by the drama of a child and his parent. With decisions overseas, but there are ways in General Accounting Office, despite the efforts that emphasis, I can understand the which the United States can urge compliance of the Federal Government, Americans have pain that has been experienced by so with this treaty and I, along with the 132 co- little chance of regaining custody of children many American parents who have sponsors of this resolution, hope that the Sec- abducted by a parent and taken to a foreign asked the question, why not us? If not retary of State will make the commitment to country. Success in these tragic situations is now, when? help rectify this continual tragedy occurring often elusive because it largely depends on So this is an important resolution to across the world today. the willingness of foreign governments to co- say to countries like Germany and The State Department has 1,148 open inter- operate. Austria and Sweden and other coun- national custody cases, including 58 in Ger- The 1980 Hague Convention outlines proce- tries around the world that we pride many. But that number represents only a frac- dures for resolving international child abduc- the children of American citizens who tion of the children abducted abroad because tion disputes among 54 countries. However, have been abducted and kidnapped most families never file their cases with the international child abduction remains a serious around the world; we will not stand for State Department. problem. The denial of parental visitation of their misuse and abuse and not having The discrepancy between the United State's children, and the failure of several contacting them reunited with their families. compliance and that of other countries like countries to fully implement the Convention, I simply say that the Hague Conven- Germany is alarming! deprives the Hague Convention of the spirit of tion is an important part of the inter- From 1990 to 1998, the State Department mutual confidence upon which its success de- national arena; and, therefore, it is received 369 Hague applications from parents pends. Countries that deny parents access to enormously important that the Hague whose children had been abducted to Ger- their own children merely reward abducting Convention is adhered to to ensure many. Yet, only 80 children, including those parents and endangers the well-being of ab- that the custody rights and the laws of that have been voluntarily returned by the ab- ducted children for the rest of their lives. one contracting state are effectively ducting parents, have come back. On the Several families in my Congressional District respected with other contracting other hand, U.S. courts return 90 percent of in New York have personally experienced the states. This is all that the parents ask the children in Hague cases. terrible psychological and financial strains of for. This is all that Joseph Cooke want- The National Center for missing and Ex- international child abduction. The wrongful re- ed, to be able to see his two children ploited Children has done a tremendous job in tention of American children abroad touches that were abducted from him and from assisting distraught parents retrieve their chil- not only left-behind parents and their families this country and taken as strangers to dren, but they need help. but also our entire Nation. Germany. Since Article 21 of the Hague Convention Mr. Speaker, it is time that we all focus our I would simply ask my colleagues to obligates member states to cooperate with collective attention on missing children and allow this opportunity for this legisla- each other to promote the ``peaceful enjoy- support H. Con. Res. 293

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.075 pfrm06 PsN: H23PT1 H3568 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Mr. PORTMAN. Mr. Speaker, I rise in strong IMMIGRATION AND NATURALIZA- General or the Secretary of State under any support of H. Con. Res. 293, which calls on TION SERVICE DATA MANAGE- other provision of law. nations that are signatories to the Hague Con- MENT IMPROVEMENT ACT OF ‘‘(d) DEADLINES.— vention on the Civil Aspects of International 2000 ‘‘(1) AIRPORTS AND SEAPORTS.—Not later than December 31, 2003, the Attorney General Child Abduction to live up to their treaty obli- Mr. SMITH of Texas. Mr. Speaker, I shall implement the integrated entry and gations. I am an original cosponsor of this leg- move to suspend the rules and pass the exit data system using available alien ar- islation, and I commend the gentlemen from bill (H.R. 4489) to amend section 110 of rival and departure data described in sub- Texas [Mr. LAMPSON] and Ohio [Mr. CHABOT] the Illegal Immigration Reform and section (b)(1) pertaining to aliens arriving in, for their work on this issue. Immigrant Responsibility Act of 1996, or departing from, the United States at an This issue was brought home to me by one and for other purposes. airport or seaport. Such implementation of my constituents, Tom Sylvester of Blue The Clerk read as follows: shall include ensuring that such data, when collected or created by an immigration offi- Ash, Ohio. Tom's daughter Carina was taken H.R. 4489 cer at an airport or seaport, are entered into by his Austrian-born wife on October 30, 1995. Be it enacted by the Senate and House of Rep- the system and can be accessed by immigra- Although both the Austrian Central Authority resentatives of the United States of America in tion officers at other airports and seaports. and the Austrian Supreme Court ruled that Congress assembled, ‘‘(2) HIGH-TRAFFIC LAND BORDER PORTS OF Carina should be returned to the United States SECTION 1. SHORT TITLE. ENTRY.—Not later than December 31, 2004, and to Tom's custody, the ruling was never This Act may be cited as the ‘‘Immigration the Attorney General shall implement the enforced. The only contacts Tom has had with and Naturalization Service Data Manage- integrated entry and exit data system using his daughter are a few brief supervised meet- ment Improvement Act of 2000’’. the data described in paragraph (1) and avail- SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA. able alien arrival and departure data de- ings in Austria, and his phone calls to her are scribed in subsection (b)(1) pertaining to always placed on a speaker phone, undoubt- (a) IN GENERAL.—Section 110 of the Illegal Immigration Reform and Immigrant Respon- aliens arriving in, or departing from, the edly being monitored. sibility Act of 1996 (8 U.S.C. 1221 note) is United States at the 50 land border ports of Although the Hague Convention has helped amended to read as follows: entry determined by the Attorney General to in getting a just decision rendered, the United ‘‘SEC. 110. INTEGRATED ENTRY AND EXIT DATA serve the highest numbers of arriving and de- States currently has no way to force another SYSTEM. parting aliens. Such implementation shall country to enforce its own laws and judicial ‘‘(a) REQUIREMENT.—The Attorney General include ensuring that such data, when col- shall implement an integrated entry and exit lected or created by an immigration officer decisions within its own borders. In fact, the at such a port of entry, are entered into the United States has no recourse if another par- data system. ‘‘(b) INTEGRATED ENTRY AND EXIT DATA SYS- system and can be accessed by immigration ticipating member country does not live up to TEM DEFINED.—For purposes of this section, officers at airports, seaports, and other such its obligations under the Convention. the term ‘integrated entry and exit data sys- land border ports of entry. I have been working with the State and Jus- tem’ means an electronic system that— ‘‘(3) REMAINING DATA.—Not later than De- tice Departments on Mr. Sylvester's behalf ‘‘(1) provides access to, and integrates, cember 31, 2005, the Attorney General shall alien arrival and departure data that are— fully implement the integrated entry and since July of 1998, and I can tell you that it exit data system using all data described in has been a difficult and discouraging process. ‘‘(A) authorized or required to be created or collected under law; subsection (b)(1). Such implementation shall What is most frustrating is that Mr. Sylvester ‘‘(B) in an electronic format; and include ensuring that all such data are avail- has done everything correctly under the terms ‘‘(C) in a data base of the Department of able to immigration officers at all ports of of the Hague Convention, and still, more than Justice or the Department of State, includ- entry into the United States. four years later, he has been able to spend ing those created or used at ports of entry ‘‘(e) REPORTS.— only a few precious minutes with his young and at consular offices; ‘‘(1) IN GENERAL.—Not later than December daughter. He cannot even get the Austrian au- ‘‘(2) uses available data described in para- 31 of each year following the commencement thorities to grant him an agreed upon visitation graph (1) to produce a report of arriving and of implementation of the integrated entry and exit data system, the Attorney General schedule, and have instead subjected him to departing aliens by country of nationality, classification as an immigrant or non- shall use the system to prepare an annual re- a number of indignities. immigrant, and date of arrival in, and depar- port to the Committees on the Judiciary of We owe it to Tom Sylvester and thousands ture from, the United States; the House of Representatives and of the Sen- of other parents who have suffered the same ‘‘(3) matches an alien’s available arrival ate. difficulties as he has to pass this resolution data with the alien’s available departure ‘‘(2) INFORMATION.—Each report shall in- today. And I urge my colleagues to let this be data; clude the following information with respect the first of many steps needed to return these ‘‘(4) assists the Attorney General (and the to the preceding fiscal year, and an analysis of that information: American children to their rightful homes. Secretary of State, to the extent necessary to carry out such Secretary’s obligations ‘‘(A) The number of aliens for whom depar- Mr. HASTINGS of Florida. Mr. under immigration law) to identify, through ture data was collected during the reporting Speaker, I have no further requests for on-line searching procedures, lawfully ad- period, with an accounting by country of na- time, and I yield back the balance of mitted nonimmigrants who may have re- tionality of the departing alien. my time. mained in the United States beyond the pe- ‘‘(B) The number of departing aliens whose departure data was successfully matched to Mr. HOUGHTON. Mr. Speaker, I have riod authorized by the Attorney General; and ‘‘(5) otherwise uses available alien arrival the alien’s arrival data, with an accounting no further requests for time, and I and departure data described in paragraph (1) by the alien’s country of nationality and by yield back the balance of my time. to permit the Attorney General to make the the alien’s classification as an immigrant or The SPEAKER pro tempore (Mr. reports required under subsection (e). nonimmigrant. KUYKENDALL). The question is on the ‘‘(c) CONSTRUCTION.— ‘‘(C) The number of aliens who arrived pur- motion offered by the gentleman from ‘‘(1) NO ADDITIONAL AUTHORITY TO IMPOSE suant to a nonimmigrant visa, or as a visitor under the visa waiver program under section New York (Mr. GILMAN) that the House DOCUMENTARY OR DATA COLLECTION REQUIRE- 217 of the Immigration and Nationality Act suspend the rules and agree to the con- MENTS.—Nothing in this section shall be con- strued to permit the Attorney General or the (8 U.S.C. 1187), for whom no matching depar- current resolution, H. Con. Res. 293, as Secretary of State to impose any new docu- ture data have been obtained through the amended. mentary or data collection requirements on system or through other means as of the end The question was taken. any person in order to satisfy the require- of the alien’s authorized period of stay, with Mr. HOUGHTON. Mr. Speaker, I ob- ments of this section, including— an accounting by the alien’s country of na- ject to the vote on the grounds that a ‘‘(A) requirements on any alien for whom tionality and date of arrival in the United the documentary requirements in section States. quorum is not present and make the 212(a)(7)(B) of the Immigration and Nation- ‘‘(D) The number of lawfully admitted non- point of order that a quorum is not ality Act (8 U.S.C. 1182(a)(7)(B)) have been immigrants identified as having remained in present. waived by the Attorney General and the Sec- the United States beyond the period author- The SPEAKER pro tempore. Pursu- retary of State under section 212(d)(4)(B) of ized by the Attorney General, with an ac- ant to the provisions of clause 8, rule such Act (8 U.S.C. 1182(d)(4)(B)); or counting by the alien’s country of nation- XX, and the Chair’s prior announce- ‘‘(B) requirements that are inconsistent ality. ment, further proceedings on this mo- with the North American Free Trade Agree- ‘‘(f) AUTHORITY TO PROVIDE ACCESS TO SYS- ment. TEM.— tion will be postponed. ‘‘(2) NO REDUCTION OF AUTHORITY.—Nothing ‘‘(1) IN GENERAL.—Subject to subsection The point of no quorum is considered in this section shall be construed to reduce (d), the Attorney General, in consultation withdrawn. or curtail any authority of the Attorney with the Secretary of State, shall determine

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.070 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3569 which officers and employees of the Depart- (1) How the Attorney General can effi- agency shall furnish that information to the ments of Justice and State may enter data ciently and effectively carry out section 110 Task Force. into, and have access to the data contained of the Illegal Immigration Reform and Immi- (g) REPORTS.— in, the integrated entry and exit data sys- grant Responsibility Act of 1996 (8 U.S.C. 1221 (1) DEADLINE.—Not later than December 31, tem. note), as amended by section 2 of this Act. 2002, and not later than December 31 of each ‘‘(2) OTHER LAW ENFORCEMENT OFFICIALS.— (2) How the United States can improve the year thereafter in which the Task Force is in The Attorney General, in the discretion of flow of traffic at airports, seaports, and land existence, the Attorney General shall submit the Attorney General, may permit other border ports of entry through— a report to the Committees on the Judiciary Federal, State, and local law enforcement of- (A) enhancing systems for data collection of the House of Representatives and of the ficials to have access to the data contained and data sharing, including the integrated Senate containing the findings, conclusions, in the integrated entry and exit data system entry and exit data system described in sec- and recommendations of the Task Force. for law enforcement purposes. tion 110 of the Illegal Immigration Reform Each report shall also measure and evaluate ‘‘(g) USE OF TASK FORCE RECOMMENDA- and Immigrant Responsibility Act of 1996 (8 how much progress the Task Force has TIONS.—The Attorney General shall continu- U.S.C. 1221 note), as amended by section 2 of made, how much work remains, how long the ously update and improve the integrated this Act, by better use of technology, re- remaining work will take to complete, and entry and exit data system as technology sources, and personnel; the cost of completing the remaining work. improves and using the recommendations of (B) increasing cooperation between the (2) DELEGATION.—The Attorney General the task force established under section 3 of public and private sectors; may delegate to the Commissioner, Immi- the Immigration and Naturalization Service (C) increasing cooperation among Federal gration and Naturalization Service, the re- Data Management Improvement Act of 2000. agencies and among Federal and State agen- sponsibility for preparing and transmitting ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— cies; and any such report. There are authorized to be appropriated to (D) modifying information technology sys- (h) LEGISLATIVE RECOMMENDATIONS.— carry out this section such sums as may be tems while taking into account the different (1) IN GENERAL.—The Attorney General necessary for fiscal years 2001 through 2008.’’. data systems, infrastructure, and processing shall make such legislative recommenda- (b) CLERICAL AMENDMENT.—The table of procedures of airports, seaports, and land tions as the Attorney General deems contents of the Illegal Immigration Reform border ports of entry. appropriate— and Immigrant Responsibility Act of 1996 is (3) The cost of implementing each of its (A) to implement the recommendations of amended by amending the item relating to recommendations. the Task Force; and section 110 to read as follows: (d) STAFF AND SUPPORT SERVICES.— (B) to obtain authorization for the appro- ‘‘Sec. 110. Integrated entry and exit data sys- (1) IN GENERAL.—The Attorney General priation of funds, the expenditure of receipts, tem.’’. may, without regard to the civil service laws or the reprogramming of existing funds to and regulations, appoint and terminate an SEC. 3. TASK FORCE. implement such recommendations. executive director and such other additional (2) DELEGATION.—The Attorney General (a) ESTABLISHMENT.—Not later than 6 personnel as may be necessary to enable the may delegate to the Commissioner, Immi- months after the date of the enactment of Task Force to perform its duties. The em- this Act, the Attorney General, in consulta- gration and Naturalization Service, the re- ployment and termination of an executive sponsibility for preparing and transmitting tion with the Secretary of State, the Sec- director shall be subject to confirmation by retary of Commerce, and the Secretary of any such legislative recommendations. a majority of the members of the Task (i) TERMINATION.—The Task Force shall the Treasury, shall establish a task force to Force. terminate on a date designated by the Attor- carry out the duties described in subsection (2) COMPENSATION.—The executive director ney General as the date on which the work of (c) (in this section referred to as the ‘‘Task shall be compensated at a rate not to exceed the Task Force has been completed. Force’’). the rate payable for level V of the Executive (j) AUTHORIZATION OF APPROPRIATIONS.— (b) MEMBERSHIP.— Schedule under section 5316 of title 5, United There are authorized to be appropriated to (1) CHAIRPERSON; APPOINTMENT OF MEM- States Code. The Attorney General may fix carry out this section such sums as may be BERS.—The Task Force shall be composed of the compensation of other personnel without necessary for fiscal years 2001 through 2003. the Attorney General and 16 other members regard to the provisions of chapter 51 and appointed in accordance with paragraph (2). SEC. 4. SENSE OF CONGRESS REGARDING INTER- subchapter III of chapter 53 of title 5, United NATIONAL BORDER MANAGEMENT The Attorney General shall be the chair- States Code, relating to classification of po- COOPERATION. person and shall appoint the other members. sitions and General Schedule pay rates, ex- It is the sense of the Congress that the At- (2) APPOINTMENT REQUIREMENTS.—In ap- cept that the rate of pay for such personnel torney General, in consultation with the pointing the other members of the Task may not exceed the rate payable for level V Secretary of State, the Secretary of Com- Force, the Attorney General shall include— of the Executive Schedule under section 5316 merce, and the Secretary of the Treasury, (A) representatives of Federal, State, and of such title. should consult with affected foreign govern- local agencies with an interest in the duties (3) DETAIL OF GOVERNMENT EMPLOYEES.— ments to improve border management co- of the Task Force, including representatives Any Federal Government employee, with the operation. of agencies with an interest in— approval of the head of the appropriate Fed- (i) immigration and naturalization; The SPEAKER pro tempore. Pursu- eral agency, may be detailed to the Task ant to the rule, the gentleman from (ii) travel and tourism; Force without reimbursement, and such de- Texas (Mr. SMITH) and the gentleman (iii) transportation; tail shall be without interruption or loss of (iv) trade; civil service status, benefits, or privilege. from Michigan (Mr. CONYERS) each will (v) law enforcement; (4) PROCUREMENT OF TEMPORARY AND INTER- control 20 minutes. (vi) national security; or MITTENT SERVICES.—The Attorney General The Chair recognizes the gentleman (vii) the environment; and may procure temporary and intermittent from Texas (Mr. SMITH). (B) private sector representatives of af- services for the Task Force under section GENERAL LEAVE fected industries and groups. 3109(b) of title 5, United States Code, at rates (3) TERMS.—Each member shall be ap- Mr. SMITH of Texas. Mr. Speaker, I for individuals not to exceed the daily equiv- ask unanimous consent that all Mem- pointed for the life of the Task Force. Any alent of the annual rate of basic pay pre- vacancy shall be filled by the Attorney Gen- scribed for level V of the Executive Schedule bers have 5 legislative days within eral. under section 5316 of such title. which to revise and extend their re- (4) COMPENSATION.— (5) ADMINISTRATIVE SUPPORT SERVICES.— marks, and to include extraneous ma- (A) IN GENERAL.—Each member of the Task Upon the request of the Attorney General, terial on the bill under consideration. Force shall serve without compensation, and the Administrator of General Services shall The SPEAKER pro tempore. Is there members who are officers or employees of provide to the Task Force, on a reimbursable objection to the request of the gen- the United States shall serve without com- basis, the administrative support services tleman from Texas? pensation in addition to that received for necessary for the Task Force to carry out its their services as officers or employees of the There was no objection. responsibilities under this section. Mr. SMITH of Texas. Mr. Speaker, I United States. (e) HEARINGS AND SESSIONS.—The Task (B) TRAVEL EXPENSES.—The members of Force may, for the purpose of carrying out yield myself such time as I may con- the Task Force shall be allowed travel ex- this section, hold hearings, sit and act at sume. penses, including per diem in lieu of subsist- times and places, take testimony, and re- Mr. Speaker, H.R. 4489 represents a ence, at rates authorized for employees of ceive evidence as the Task Force considers bipartisan collaborative bill. Many agencies under subchapter I of chapter 57 of appropriate. people deserve credit, including Sen- title 5, United States Code, while away from (f) OBTAINING OFFICIAL DATA.—The Task ator SPENCER ABRAHAM and the gen- their homes or regular places of business in Force may secure directly from any depart- the performance of service for the Task ment or agency of the United States infor- tleman from Michigan (Mr. UPTON), the Force. mation necessary to enable it to carry out gentleman from New York (Mr. (c) DUTIES.—The Task Force shall evaluate this section. Upon request of the Attorney MCHUGH), the gentleman from New the following: General, the head of that department or York (Mr. LAFALCE), the gentleman

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.035 pfrm06 PsN: H23PT1 H3570 CONGRESSIONAL RECORD — HOUSE May 23, 2000 from New York (Mr. QUINN), the gen- 110 of the Illegal Immigration Reform and Im- that the INS needs to integrate its entry and tleman from New York (Mr. HOUGH- migrant Responsibility Act of 1996 (IIRIRA), to exit data system so that INS officers and in- TON), the gentleman from New York require the implementation of an integrated spectors and State Department consular offi- (Mr. REYNOLDS) and the gentleman entry and exit data system at airports, sea- cers can assess any entry and exit information from Michigan (Mr. CONYERS). ports, and land border ports of entry at new, with respect to an alien before them. Also, I want to thank the Travel In- specified deadlines, and to establish a task In addition, the bill creates a task force to dustry of America, Americans for Bet- force to assist the Attorney General in imple- study and recommend methods to continu- ter Borders, the U.S. Chamber of Com- menting section 110. ously improve and update the INS' database merce, the American Trucking Asso- BACKGROUND system as technology advances. This infra- ciation, the Canadian/American Border In 1996, the Congress overwhelmingly structure in support of the INS integrated sys- Trade Alliance, the INS, the Canadian passed IIRIRA. Section 110 of IIRIRA called tem development allows for private-public rec- Embassy, the Mexican Embassy, the for an automated entry-exit control system no ommendations, a major contribution of the bill. Border Trade Alliance, and the U.S. later than two years after the date of enact- THE BILL Caucus of Mayors for giving us their ment of IIRIRA, which was September 30, H.R. 4489 requires the Attorney General to valuable input and support. 1996. Without defining the control system, implement an integrated entry and exit data Over a dozen meetings were held over section 110 required that the system collect a system. The intent behind this system is that several months’ time with the inter- record of departure for every alien departing any arrival and departure data that the INS ested parties. The efforts of John the United States and match the departure and the State Department are authorized or Lampmann, chief of staff for the 21st records with the record of the alien's arrival required to create or collect must now be en- Congressional District, and Lora Ries, into this country. The system also required tered electronically into a database. In addi- Counsel for the Subcommittee on Im- that the Attorney General be able to identify tion, the database must be integrated and pro- migration of the Committee on the Ju- electronically lawfully admitted nonimmigrants vide access to other ports of entry, internal en- diciary, were crucial to obtaining the who remain in the United States beyond their forcement, and consular offices. As technology desired results. authorized period of stay. improves, so should the data system improve. H.R. 4489 focuses on an integrated In addition to the entry-exit control system, The bill is different from the current section entry and exit data system that will be section 110 required the Attorney General to 110 of IIRIRA because it now defines the funded, developed, and implemented by submit to the congressional Judiciary Commit- entry/exit system. This system is to: (1) pro- 2005. This bill will integrate all INS tees annual reports on the system. The re- vide access to and integrate alien arrival and and State Department databases that ports should include the number of departure departure data; (2) use this data to produce a support the entry and exit of aliens at records collected; the number of departure report of arriving and departing aliens by airports, seaports, and land border records successfully matched to records of the country of nationality, classification as an im- ports of entry. migrant or nonimmigrant, and date of arrival The database systems that the INS alien's prior arrival in the United States; and in, and departure from the United States; (3) currently use are often independent the number of aliens who arrived as non- from each other. As a result, INS offi- immigrants or under the Visa Waiver Program match an alien's arrival data with the alien's cers and inspectors and State Depart- for whom no matching departure record has departure data; (4) assist the Attorney General ment consular officers are unable to been obtained as of the end of the alien's au- and the Secretary of State to identify electroni- learn an alien’s prior U.S. travel activi- thorized period of stay. cally lawfully admitted nonimmigrants who ties from the INS and State Depart- Finally, section 110 required information re- overstayed their visas; and (5) permits the At- ment consular offices. Without this in- garding aliens who have overstayed their torney General to make reports. Nothing in this bill should be interpreted as formation, aliens can slip through the visas to be integrated into data bases of the requiring the Attorney General or the Sec- cracks, as we saw in the case of Mr. INS and State Department, including those Resendez, the recently convicted rail- used at ports of entry and at consular offices. retary of State to collect new types of docu- road killer. Subsequently, section 110 was amended to ments or data from aliens, particularly aliens This bill emphasizes that the INS change the deadlines of the automated entry who have had document requirements waived needs to integrate its entry and exit and exit control system. The deadline for the under section 212(d)(4)(B) of the Immigration data system so that INS officers and system at airports was changed to October and Nationality Act by the Attorney General inspectors and State Department con- 15, 1998, and the deadline for land border and the Secretary of State acting jointly on the sular officers can access any entry and ports of entry and seaports was changed to basis of reciprocity with respect to foreign con- exit information with respect to an March 30, 2001. tiguous territories or adjacent islands. How- alien before them. With the March 30, 2001, deadline less than ever, this bill does not affect the authority of Once the INS implements the entry a year away and the INS no closer to having the Attorney General or the Secretary of State exit data system, the Attorney General a control system at land border ports of entry, to create new documentary or data collection is required to submit an annual fiscal various Members of Congress and interest requirements in other provisions of law. year report to the Committees on the groups grew concerned. They wanted to re- The integrated entry and exist data system Judiciary of the House and Senate. A peal section 110 out of fear that trade and is to be implemented at airports, seaports, and task force will be funded to examine tourism would be hurt by new data collection land border ports of entry. However, because specific ways to further the develop- requirements at the land border ports of entry, each type of port of entry has different infra- ment of the integrated entry and exit causing delays at the border to grow. structure and processing procedures, it does data system. The Attorney General is This bill focuses on the task the INS faces not make sense to have one uniform deadline expected to update and improve the in- in implementing an entry/exit system. The idea for implementation. Since section 110 was en- tegrated entry and exit data system as is that it should be an electronic data base acted in 1996, the INS is already imple- technology improves and as rec- system. With technology advancing so rapidly, menting such a system at airports and sea- ommendations of the task force are re- technology will drive the INS' ability to collect ports. Thus, implementation of the data sys- ceived. information on who are entering and exiting tem at airports and seaports is due by Decem- The task force will examine how the U.S. and who are overstaying their visas. ber 31, 2003. technology can facilitate the flow of As such, H.R. 4489 focuses on the INS' ability Land border ports of entry will require addi- people through ports of entry, whether to use technology to improve its current collec- tional time to implement the entry/exit data by air, sea, or land. By using the speed tion database systems and to integrate its sys- system. Also, traffic, infrastructure, and re- of technology and the Nation’s immi- tems. The database systems that the INS cur- sources used at all of the land border ports of gration system, the bill both speeds the rently uses are often independent from each entry vary greatly. While some land ports re- flow of the traffic through ports of other. As a result, INS officers and inspectors, ceive heavy traffic and use a significant entry and contributes to the develop- and State Department consular officer are amount of resources, other ports receive mini- ment and usefulness of the integrated often unable to learn an alien's prior travel ac- mal traffic and have few resources. Because entry and exit data system over time. tivities in another part of the United States or the former group of land ports will require less Mr. Speaker, I urge my colleagues to in another country. Without this information, time and resources to implement the entry/ support this bill. aliens can slip through the cracks, as in the exist data system that the latter group, the H.R. 4489, the ``INS Data Management Im- case of Mr. Resendez, the recently convicted former group has an earlier deadline. The 50 provement Act,'' is intended to amend section ``railroad killer.'' Therefore, this bill emphasizes land border ports of entry determined to serve

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.079 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3571 the highest numbers of arriving and departing The Congressional Budget Office has indi- collected or created by an immigration offi- aliens are to have the system implemented by cated that this bill will not cause direct spend- cer at a port of entry, is entered into the sys- December 31, 2004. The entry/exit data sys- ing. tem and can be accessed by immigration offi- cers at airports, seaports, and other land SECTION-BY-SECTION ANALYSIS tem is due at the remainder of the land border border ports of entry. ports of entry by December 31, 2005. Imple- SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA Section 110(d)(3) requires the Attorney menting at the land ports of entry with the Section 2 amends section 110 of IIRIRA General to fully implement by December 31, highest traffic first is also an efficient method through the sections that follow. 2005, the integrated entry and exit data sys- of gathering arrival and departure information. Section 110(a) requires the Attorney Gen- tem, using all of the data described in sub- eral to implement an ‘‘integrated entry and Once the INS implements the entry/exit data section (b)(1). This implementation should exit data system.’’ Section 110(b) defines ‘‘in- include ensuring that all data are available system at a defined group of ports of entry, tegrated entry and exit data system’’ as an to immigration officers at all ports of entry the Attorney General is required to submit an electronic system of alien arrival and depar- into the United States. annual fiscal year report to the Judiciary Com- ture data that is integrated and provides ac- Once the Attorney General begins imple- mittees of the House and Senate. These re- cess to INS ports of entry, the INS interior menting the integrated entry and exist data ports will include and analyze the following in- inspection sites, interior offices, and State system, section 110(e) requires the Attorney formation: (1) The number of aliens for whom Department consular offices. The arrival and General to submit an annual fiscal year re- departure data used in the system is com- port to the Judiciary Committees on the departure data was collected, including coun- posed of that which is authorized or required House and Senate by December 31. These re- try of nationality; (2) the number of departing to be created or collected by law. The elec- ports will include and analyze the following aliens whose departure data was successfully tronic system uses the data to create a re- information: (1) the number of aliens for matched to the alien's arrival data, including port of arriving and departing aliens by whom departure data was collected during country of nationality and an alien's classifica- country of nationality; classification as an the reporting period, including the departing tion as an immigrant or nonimmigrant; (3) the immigrant or nonimmigrant, and date of ar- alien’s country of nationality; (2) the num- number of aliens who arrived with a non- rival in, and departure from the United ber of departing aliens whose departure data immigrant visa or under the visa waiver pro- States. The system is also required to match was successfully matched to the alien’s ar- an alien’s arrival data with the alien’s avail- rival data, including country of nationality gram for whom no matching departure date able departure data. It should assist the At- and an alien’s classification as an immi- was obtained as of the end of the alien's au- torney General and the Secretary of State to grant; or non immigrant; (3) the number of thorized stay, including the country of nation- identify, electronically, lawfully admitted aliens who arrived with a nonimmigrant visa ality and date of arrival in the U.S.; and (4) the nonimmigrants who may have remained in or under the visa waiver program for whom number of nonimmigrants identified as having the United States beyond their authorized no matching departure date was obtained as overstayed their visas, including the country of period. Finally, the system should enable the of the end of the alien’s authorized stay, in- nationality. Attorney General to create the annual con- cluding the country of nationality and date gressional reports required in section 110(e). of arrival in the U.S.; and (4) the number of The Attorney General, in consultation with Section 110(c) explains that nothing in sec- nonimmigrants identified as having over- the Secretary of State, will determine which of- tion 110 should be interpreted as requiring stayed their visas, including the country of ficers and employees of the Justice and State the Attorney General or the Secretary of nationality. Departments may enter data into and have ac- State to collect new types of documents or Section 110(f) permits the Attorney Gen- cess to the data contained in the entry/exit data from aliens, including those aliens who eral, in consultation with the Secretary of data system. Likewise, the Attorney General have had either or both of the requirements State, to determine which Justice and State Department officers and employees may has the discretion to permit other federal, of section 212(a)(7)(B)(i) of the Immigration and Nationality Act waived by the Attorney enter data into, and have access to the data state, and local law enforcement officials to General and the Secretary of State acting contained in, the integrated entry and exit have access to the data for law enforcement jointly on the basis of reciprocity with re- data system. The Attorney General, in his or purposes. spect to nationals of foreign contiguous ter- her discretion, may also permit other Fed- The Attorney General is expected to con- ritory or of adjacent islands and their resi- eral, State, and local law enforcement offi- tinuously update and improve the integrated dents have a common nationality with such cials to have access to the data contained in entry and exit data system as technology im- nationals. In addition, section 110 does not the data system for law enforcement pur- poses. proves and using the recommendations of the permit the Attorney General or the Sec- retary of State to require documents or data Sectiono 110(g) requires the Attorney Gen- task force. from aliens that are inconsistent with the eral to continuously update and improve the H.R. 4489 requires the Attorney General, in North American Free Trade Agreement. integrated entry and exit data system as consultation with other involved Secretaries, to While section 110 restricts the Attorney Gen- technology improves and using the rec- create a task force made up of government eral and the Secretary of State from impos- ommendations of the task force created in and private sector representatives of agencies ing new documentary or data collection re- section 3 of this bill. quirements upon aliens, section 110 does not Section 110(h) authorizes appropriations to and industries interested in port of entry carry out section 110 such sums as may be issues. The primary duty of the task force is reduce the authority of the Attorney Gen- eral or the Secretary of State from creating necessary for fiscal years 2001 through 2008. to evaluate how the Attorney General can effi- new documentary or data collection require- SEC. 3. TASK FORCE ciently and effectively carry out section 110. ments in any other provision of law. Section 3(a) Establishment. Section 3(a) re- Advancing technology should drive such an Section 110(d) imposes staggered deadlines quires the Attorney General to consult with evaluation. As the INS uses advanced tech- upon the Attorney General to implement the the Secretary of State, Secretary of Com- nology at ports of entry, the flow of traffic at integrated entry and exit data system at the merce, and Secretary of Treasury to estab- ports of entry will improve, thereby increasing different types of ports of entry. By Decem- lish a task force no later than six months trade and tourism, a universal goal. ber 31, 2003, the Attorney General is to be after the date of enactment of this Act. using available alien arrival and departure Section 3(b) Membership. Section 3(b) estab- In this study, the task force is encouraged to data described in subsection (b)(1) with re- lishes that the Attorney General will be the examine how to simplify the entry/exit docu- spect to aliens arriving in, or departing chairperson of the task force and will ap- ments currently collected by the INS and State from, the United States at an airport or sea- point the other 16 members. In appointing Department, without decreasing the quality of port. This implementation includes ensuring the task force members, the Attorney Gen- the information obtained. For example, in re- that the data collected or created by an im- eral shall include representatives of federal, viewing how to improve the flow of traffic at migration officer at an airport or seaport are state, and local agencies with an interest in ports of entry, the task force should examine entered into the system and is accessible by the duties of the task force, including agen- immigration officers at other airports and cies with an interest in immigration and the current documentary requirements for seaports. naturalization; travel and tourism; transpor- business people and tourists entering the Section 110(d)(2) requires the Attorney tation; trade; law enforcement; national se- United States, including those entering from General to implement the integrated entry curity; or the environment. In addition, the Mexico by air. After completing such review, and exit data system using the data already Attorney General must include private sec- the task force may develop recommendations implemented at airports and seaports, com- tor representatives of affected industries and concerning how these requirements can be bined with available alien arrival and depar- groups as members of the task force. Each streamlined to improve the flow of persons be- ture data described in subsection(b)(1) per- member of the task force will be appointed taining to aliens arriving in, or departing tween the United States and Mexico in ac- for the life of the task force. Any vacancy from, the United States at the 50 land border should be filed by the Attorney General. cordance with the substantial growth in goods ports of entry serving the highest numbers of Members of the task force will not be com- and services trade that has occurred since en- arriving and departing aliens. Such imple- pensated for their service on the task force. actment of the North American Free Trade mentation is due no later than December 31, Section 3(c) Duties. Section 3(c) requires the Agreement. 2004, and should ensure that when the data is task force to evaluate the following: (1) how

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.039 pfrm06 PsN: H23PT1 H3572 CONGRESSIONAL RECORD — HOUSE May 23, 2000 the Attorney General can efficiently and ef- Section 3(j) Authorization of Appropriations. Michigan alone, more than 1.2 million fectively carry out section 110 of HRIRA, as Section 3(j) authorizes appropriations such Canadians visited for one night or more amended by this bill; (2) how the U.S. can sums as may be necessary for fiscal years and added $216 million to the State’s improve the flow of traffic at airports, sea- through 2003. economy. H.R. 4489 will obviously help ports, and land border ports of entry by bet- SEC. 4. SENSE OF CONGRESS REGARDING INTER- protect that flow of business and tour- ter use of technology, resources, and per- NATIONAL BORDER MANAGEMENT COOPERA- ism. sonnel; increasing cooperation between the TION So my thanks, Mr. Speaker, to the public and private sectors; increased co- Section 4 states that the Attorney General, operation among federal and state agencies; in consultation with the Secretary of State, chairman of the Subcommittee on Im- and modifying information technology; and the Secretary of Commerce, and the Sec- migration, the gentleman from Texas (3) the cost of implementing each of its rec- retary of the Treasury, should consult with (Mr. SMITH), and our friend, the gen- ommendations. affected foreign governments to improve bor- tleman from Michigan (Mr. UPTON), Section 3(d) Staff and Support Services. Sec- der management cooperation. and our ranking member on the sub- tion 3(d)(1) permits the Attorney General to appoint and terminate an executive director Mr. Speaker, I reserve the balance of committee, the gentlewoman from and any other additional personnel necessary my time. Texas (Ms. JACKSON-LEE). Their leader- to enable the task force to perform its du- Mr. CONYERS. Mr. Speaker, I yield ship on this bipartisan legislation was ties. The employment and termination of an myself such time as I may consume. important, and I too would urge a executive director is subject to confirmation Mr. Speaker, I would like to begin by ‘‘yes’’ vote. by a majority of the task force members. thanking everyone that has worked on Mr. Speaker, I reserve the balance of Section 3(d)(2) establishes a compensation this measure. This is a very positive my time. rate ceiling for the executive director at ending to what was originally a very Mr. SMITH of Texas. Mr. Speaker, I level V of the Executive Schedule. The At- torney General may fix the compensation of rancorous matter in our committee be- yield 3 minutes to the gentleman from other personnel, except the pay rate may not cause H.R. 4489 would eliminate the Michigan (Mr. UPTON). exceed level V of the Executive Schedule. entry-exit data collection system re- Mr. UPTON. Mr. Speaker, this bill is Section 3(d)(3) permits any federal govern- quired by section 110 of the immigra- brought up under suspension of the ment employee, with approval by the head of tion law for the U.S. and Canadian and rules, and usually those measures are the appropriate federal agency, to be de- Mexican borders. brought up when they are non- tailed to the task force without reimburse- I have long opposed the section 110 controversial. Until about a month or ment and without interference or loss of entry and exit system because of the two ago this issue was very controver- civil service status, benefits, or privilege. Section 3(d)(4) allows the Attorney General adverse impact it would have on the sial. In fact, a year ago there were to obtain temporary and intermittent serv- people and businesses of Michigan and probably some of us on both sides of ices for the task force at compensation rates other border States. Implementation of the aisle that were ready to do battle, not to exceed level V of the Executive Sched- this section at land ports of entry with swords. ule. would cause massive traffic This has been a tough battle, and I Section 3(d)(5) requires the Administrator congestions along our borders, bringing want to particularly commend the of General Services to provide, at the Attor- personal and business travel at many thoughtfulness and the hard work of ney General’s request, administrative sup- my colleague, the gentleman from port services necessary for the task force to border points to stands still. This carry out its responsibilities. would have a crippling effect on trades Texas (Mr. SMITH). There were a num- Section 3(e) Hearings and Session. Section and tourism. ber of us that were able to get together 3(e) permits the task force to hold hearings, For example, at the Ambassador with the gentleman from Texas on both sit and act at times and places, take testi- Bridge in Detroit, more than 30,000 sides of the aisle. We had a number of mony, and receive evidence as the task force crossings per day take place. As little associations across the country as well, deems appropriate. as a fraction of a minute added to the whether they be the White House, Section 3(f) Obtaining Official Data. Section whether they be the Governors Asso- 3(f) allows the task force to directly secure processing time of each of these vehi- from any United States department or agen- cles would result in miles and miles of ciation, the Chamber of Commerce, or cy information necessary to perform its du- snarled traffic on both sides of the bor- Republicans and Democrats. The gen- ties. It also requires the head of the depart- der. Tourists would be less likely to tleman from New York (Mr. LAFALCE) ment or agency to furnish the information to visit our border towns, and businesses, and I headed up the charge, on our side. the task force upon the request of the Attor- particularly those dependent on just- And I had the privilege over the last ney General. in-time delivery, would suffer. couple of years, with others in this Section 3(g) Reports. No later than Decem- These prices are far too high to pay body that are on the floor now, of par- ber 31, 2002, and no later than December 31 of each year thereafter in which the task force for a data collection system that, ticipating jointly with our Canadian is in existence, the Attorney General must sadly, is unlikely to achieve its pri- counterparts, our colleagues from Can- submit a report to the Judiciary Committees mary objective, dealing more effec- ada. of both the House of Representatives and the tively with persons who come to this This has been the number one issue Senate containing the findings, conclusions, country as visitors and overstay their the last number of years. Why is that? and recommendations of the task force. Each visas. Under section 110, the INS would In my home State of Michigan, we have report will also measure and evaluate how know who these individuals are but more than a billion and a half dollars much progress the task force has made, how they would not know where they are. of trade that literally goes across the much work remains, how long the remaining bridge into Canada every day. Every work will take to complete, and the cost of The information would probably have completing the remaining work. In addition, very little enforcement value. day. We have thousands of Americans the Attorney General may delegate to the By contrast, H.R. 4489 would replace and Canadians that cross the border to INS Commissioner the responsibility of pre- the entry-exit data collection system work, whether it be at hospitals or paring and transmitting these reports. with a system for making use of the other places. And, sadly, under the old Section 3(h) Legislative Recommendations. vast quantity of information we al- rules, I guess those that are still Section 3(h) requires the Attorney General ready gather on individuals entering present today until this legislation be- to make such legislative recommendations and exiting this country. The informa- comes law, under that section 110, had as the Attorney General deems appropriate to implement the task force’s recommenda- tion would be entered into a database it been allowed to come into play, it tions and to obtain authorization for the ap- that would allow U.S. immigration of- would have meant a delay for days, propriation of funds, the expenditure of re- ficials and consular officers based over- perhaps, for people to go simply from ceipts, or the reprogramming of existing seas to access it. More importantly, it one side of the border to the other, funds to implement such recommendations. would not lead to new border delays. whether it be for dinner, for a job, or The Attorney General is permitted to dele- Canada and the United States benefit whatever it might be. gate to the INS Commissioner the responsi- from an outstanding relationship be- Thanks to the leadership of people on bility of preparing and transmitting any tween citizens and businesses. Last this floor today, particularly my col- such legislative recommendations. Section 3(i) Termination. Section 3(i) termi- year, more than 13.4 million Canadians league, the gentleman from New York nates the task force on a date designated by came to the United States to do busi- (Mr. HOUGHTON), the gentleman from the Attorney General once the task force ness, shop, visit our restaurants and New York (Mr. MCHUGH), the gen- work is completed. tourist sites. In my home State of tleman from Florida (Mr. STEARNS),

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.041 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3573 and others, we were able to have a b 1330 base would eventually be accessible at all air- meeting of the minds. And in fact, we If this was in place at that time, we ports, seaports and land border ports, as well have legislation now that, when it is would have had all of the data that as U.S. consular offices. This new system passed this afternoon, and thanks to would have suggested that this was, in would not create new data collection authority the leadership of many in the Senate as fact, a bad actor in anyone’s definition to impose documentary requirements. More well, instead of coming to war over this and, hopefully, at that time would have importantly, this system would allow the bil- issue, like we almost did last year, in been able to save lives. lions of dollars of U.S. trade and travel which essence we are able to come shoulder to Let us hope perspectively that we streams through our ports of entry to continue shoulder and do something for the will now be able to save lives. But, at to flow uninterrupted. American good that will help both the same time, I think it is important Texas has one of the longest international countries, and Mexico as well, but our to note of a tragedy that is occurring borders of any U.S. state that borders Canada interest certainly has been Canada, for at the border that I hope that we will or Mexico. With eleven ports of entry, Texas those of us from Michigan. But we are be able to resolve perspectively, and is the largest U.S. state in exports to Mexico. going to resolve this issue by using our that is the tragic killings of individ- Exports from Texas to Mexico reached $41.4 heads and our minds and our words. uals that is increasing by those who billion in 1999. Many of these goods flowed I just want to commend again my live along the border who are fright- through Houston ports of entry. Nearly $6 bil- colleague from Texas for allowing us to ened and fearful of those who do come lion of total merchandise flowed to and from take this bill on a fairly rapid course across the border illegally seeking a Mexico through Houston. The metropolitan through his subcommittee, our leader- better opportunity. area of Houston alone exports well over $2.4 ship by getting it to the floor today, We know that all of those individuals billion in goods to Mexico in 1998. and, in essence, getting away next are not criminals. We have to address H.R. 4489 also protects the free flow of peo- year, instead of having that date come that, and I hope that we will have an ple through our ports. Texas ranks 4th in the into play, when literally our borders opportunity to address that in a way nation in overall visitor spending. Nearly 19 would be locked and sealed and folks that provides the safety of a commu- million visitors traveled to the Greater Houston would be unable to cross the border for nity but, yet, does not make those of area in 1997, and in 1996 visitors spent just whatever purpose. In fact, this opens us who live in this country predators under $5 billion, which resulted in 85,000 tour- the door in a meaningful way; and one and causing the loss of life of individ- ism-related jobs in the area. that I think was certainly the intent of uals who certainly would do us no H.R. 4489 provides for continued input from the legislation that was passed. harm. government, business and border commu- Mr. CONYERS. Mr. Speaker, I yield 3 This legislation, however, brings into nities. Under this legislation, the Attorney Gen- minutes to the gentlewoman from balance the necessity of protecting the eral would be required to create a task force Texas (Ms. JACKSON-LEE), the ranking United States and, as well, balancing made up of public and private representatives member on the Subcommittee on Im- the business and tourism issues and in- to evaluate and report on how the U.S. can migration and Claims. terests that we might have. ``improve the flow of traffic at airports, sea- Ms. JACKSON-LEE of Texas. Mr. I ask my colleagues to support this ports, and land ports of entry.'' The Attorney Speaker, I thank the gentleman from legislation and help us move further General must make legislative recommenda- Michigan (Mr. CONYERS), and I thank into solving other problems that we tions to implement the findings of the task the chairman of the subcommittee. incur on a regular basis at our respec- force. This bill would increase our security and Who said that this could not be done; tive borders. use of technology while not increasing delay fixing section 110? I want to thank the Thank you, Mr. Chairman. I am pleased to or congestion at U.S. ports of entry. I am also gratified that this new system will members of the Committee on the Ju- come to the floor today to address an issue prevent fugitives like Angel Resindez-Ramirez, diciary, the gentleman from Michigan that has been controversial over the years as a result of the 1996 Immigration law, and that the infamous railway killer from entering this (Mr. CONYERS), the ranking member of country undetected. This is very important. the full committee, and the chairman is Section 110 of that law. Section 110 of the '96 law currently requires Just a short list of the business and commu- of the subcommittee for what I think is the Immigration and Naturalization Service to nity organizations in support of H.R. 4489 is a very good resolution, along with the establish an automated entry and exit control impressive. The U.S. Chamber of Commerce, many others who have worked on this system at all airports, seaports and land bor- the National Association of Manufacturers, the improvement of section 110. der ports of entry by March 30, 2001. The sys- American Trucking Associations, the Travel In- Let me briefly just suggest that tem is to collect a record of the departure for dustry Association of America, the American being an original cosponsor of H.R. every alien departing the U.S. and matching Immigration Lawyers Association and our 4489, I am glad now that it provides for the records of departures with the record of friends to the north and south, Canada and continued input from government, the alien's arrivals in the United States. Mexico support this legislation. I agree and business, and border communities. I am pleased to be an original co-sponsor of urge my colleagues to support this bill. Now, under this legislation, the Attor- H.R. 4489, the Immigration and Naturalization Mr. SMITH of Texas. Mr. Speaker, I ney General would be required to cre- Service Data Management Improvement Act. I yield 2 minutes to the gentleman from ate a task force made up of public and want to commend Subcommittee Chairman New York (Mr. HOUGHTON). private representatives to evaluate and SMITH and his staff for working with me and (Mr. HOUGHTON asked and was report on how the U.S. can improve the my staff to make the appropriate changes to given permission to revise and extend flow of traffic at airports, seaports, and Section 110 of the Illegal Immigration Reform his remarks.) land ports of entry. The Attorney Gen- and Immigrant Responsibility Act of 1996. Mr. HOUGHTON. Mr. Speaker, I have eral must make legislative rec- These changes will encourage and expand just two points to make here. First of ommendations to implement the find- trade, tourism and commerce to the United all, I am from New York, and I guess ings of the task force. States while at the same time achieving im- we have a lot of New Yorkers around This bill would increase our security portant U.S. border law enforcement objec- here. But this is really important not and use of technology, while not in- tives. only economically but in terms of all creasing delay or congestion at U.S. H.R. 4489, a bill drafted through com- the relations we have with Canada. So ports of entry, therefore bringing to- promise, bipartisan and bicameral negotia- that is number one. gether the distinctive and disparate tions, eliminates the Section 110 requirements But number two, I have just been needs of our northern border and our for implementing an entry and exit control sys- with my friend, the gentleman from southern border. tem by March 30, 2001. Instead, H.R. 4489 Michigan (Mr. UPTON), at a Canadian Let me also say that this spreads a would create an ``integrated entry and exit American delegation meeting. We whole new light on the enormous trag- data system'' to enable INS to develop a com- talked about many issues, free trade to edy that Angel Resendez-Ramirez puterized database of the information currently the Americas, the issue of trade with brought on this country, with coming required to be collected by law at U.S. ports the European Union. We talked about in on the southern border with very of entry. agricultural issues, the whole variety limited information and the tragedy H.R. 4489 sets out a plan for this system to of things. As we left yesterday that that occurred. be implemented in stages so that the data- delegation, they said, do not forget

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.082 pfrm06 PsN: H23PT1 H3574 CONGRESSIONAL RECORD — HOUSE May 23, 2000 that the single most important issue is cord so that eventually we can fulfill Mr. Speaker, I am going to return this sword of section 110 hanging over at least what I have as a vision, and our time. We have no further speakers. our heads. that is not a border where we have dif- I want to thank the Judiciary staff- So I just want to say to my col- ficulties, but a border between our ers Perry Apelbaum, Noland Rappa- leagues, as I am sure others have said countries similar to the border between port, and Leon Buck for the long, hard far more eloquently, this is very impor- the District of Columbia and Maryland work they have put in in negotiating tant and I am enthusiastically sup- and Virginia, a border similar to the with other Members and staffers to portive of H.R. 4499. borders that exist in Europe with the reach what I think is a very useful ac- Mr. CONYERS. Mr. Speaker, I am European Union, where we can have cord. pleased to yield 3 minutes to the gen- not simply interstate commerce, we tleman from New York (Mr. LAFALCE), can have truly internation commerce, I think that this will hold our com- a distinguished colleague of mine and expeditious, free. This would be the mittee in good stead. We have come to the ranking member of another com- best thing we could ever do to the a very good ending on this matter, and mittee. economies of our border regions. so I am very happy to have played a (Mr. LAFALCE asked and was given Mr. SMITH of Texas. Mr. Speaker, I small role in it. permission to revise and extend his re- yield 2 minutes to the gentleman from Mr. KOLBE. Mr. Speaker, I rise in strong marks.) New York (Mr. MCHUGH). support of H.R. 4489, the Immigration and Mr. LAFALCE. Mr. Speaker, I give Mr. MCHUGH. Mr. Speaker, I thank Naturalization Service Data Improvement Act. special thanks to my colleague, the the gentleman for yielding me the This bipartisan legislation represents a good gentleman from Michigan (Mr. UPTON), time. balance between the legitimate need to pre- for working so closely with me over the Mr. Speaker, this bill is, as we have vent visitors from overstaying their visas and past several years and especially to the heard, the product of literally months the need to ensure efficient cross-border traf- gentleman from Texas (Mr. SMITH), the and months of study and negotiations fic. I do not oppose the goal of establishing an chairman of the Subcommittee on Im- and also, as we have heard, at times entry-exit system to monitor visa overstays. migration and Claims. He has at all more than just a little patience. But What I do oppose is establishing such a sys- times been a scholar and a gentleman the positive outcome has been and is tem with little disregard for its impact on trade with respect to this issue. I do not today that really the product before us and tourism. In my home state of Arizona, the want to praise this bill too much be- represents a balance, a very delicate Section 110 system, as originally devised, cause I am afraid he might change his balance, but I think a very important simply will not work. At the same time, it mind. one, between the critical objective of would have had a devastating impact on our When the gentleman from Michigan ensuring that our borders are secure economy. That is why I worked very hard to (Mr. UPTON) was up here, he said that against all kinds of illegal activities ensure that Section 110 not be implemented we are almost at sword’s point over regardless of their design, with the in- until it could be shown that it would not bring this issue, section 110. That is true. But escapable reality that, in today’s travel and tourism to a virtual standstill. the biggest sword was the Damoclean world, as we have heard so many say sword that was hanging over the heads here today, the free flow of tourism I want to commend Chairman SMITH for tak- of the border communities along both and trade and commerce of all descrip- ing these concerns into account in drafting to- our northern and southern borders tions and people of good will, is not day's compromise. H.R. 4489 amends Section since passage of the 1996 immigration just something that is positive; it is, 110 of the Illegal Immigration Reform and Im- law. frankly, something that is absolutely migrant Responsibility Act of 1996 by replac- Our largest trading partner is Can- essential. ing the current requirement that by March 30, ada. Our second largest trading partner A lot of good folks, many of whom 2001, a record of arrival and departure be col- is Mexico. It was my judgment that im- have spoken here directly, my friend lected for every alien at all ports of entry with plementation of section 110, while not the gentleman from Michigan (Mr. a requirement that INS develop an ``integrated intended to do so, would have had the UPTON); the gentleman from Michigan entry and exit data system'' that focuses on primary effect of basically stopping (Mr. CONYERS); my good colleagues, the data that the INS already collects. Using this commerce and virtually all forms of gentleman from New York (Mr. QUINN) data, the Attorney General will implement the intercourse amongst our nations. That and the gentleman from New York (Mr. integrated entry and exit data system by De- was not intended, but I fear that would HOUGHTON); and, of course, the gen- cember 31, 2003, at airports and seaports and have been the primary effect. tleman from New York (Mr. LAFALCE); not later than December 31, 2004, at 50 land Today, by working together, we are and so many others have had the op- border ports of entry. This is a careful com- removing that Damoclean sword. But portunity to come together on this. promise which helps balance our need to that is playing successful defensive But I certainly want to pay par- monitor visa overstays with the need to pre- football. We need to go beyond that ticular attention to the gentleman serve the smooth flow of trade and tourism. now after passage of this bill. We have from Texas (Mr. SMITH), the sub- This bill is broadly supported by the Immi- to go on the offensive. And what does committee chairman. No Member any- gration and Naturalization Service (INS), the that mean? That means that we have where in this House on either side of American for Better Borders, the U.S. Cham- to improve things. the aisle has been a more valiant fight- ber of Commerce, the Travel Industry Associa- We need more personnel on both our er for our secure borders. But, at the tion of America, the National Association of northern and our southern borders in same time, his sensitivity and under- Manufacturers, the American Council of Inter- order to expedite the flow of commerce standing in this issue has been exem- national Personnel, the American Trucking As- and people. We need more technology plary. He took the time to travel from sociation, the American Immigration Lawyers in order to expedite the flow of com- his home to the 1,000 Islands in the bor- Association, the Canadian/American Border merce and people. We need infrastruc- der crossing there at Alexandria Bay to Trade Alliance, the Border Trade Alliance, the ture improvements with the Federal help himself better understand the Canadian Embassy, and the Mexican Em- Government involved to expedite the challenges and the need that we have. bassy. I am pleased to be able to support this flow of people and commerce with re- Thanks to his leadership, we have this bill. spect to the northern border and my afternoon what I think is a very fair, a communities of Buffalo and Niagara very effective product that can take Mr. REYNOLDS. Mr. Speaker, I rise in sup- Falls and Lewiston and surrounding another important step in technology port of H.R. 4489, the Immigration and Natu- areas so affected. aspects to making our borders even ralization Service Data Management Improve- Prime Minister Chretien and Presi- more secure, while at the same time ment Act of 2000. dent Clinton a few years ago agreed ensuring that that free flow of tourism This measure is vital to tourism, trade and upon what we call the Shared Border and trade continues in a way that industry in Western New York State; and I am Accord. We call upon the President, we enures to the benefit of every citizen of pleased to join Chairman SMITH in sponsoring call upon the Prime Minister to be this country. this legislation, and am grateful for all his hard more aggressive in pursuit and imple- Mr. CONYERS. Mr. Speaker, I yield work to ease border congestion while ensuring mentation of that Shared Border Ac- myself 30 seconds. safety and efficiency.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.083 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3575 H.R. 4489 amends Section 110 of the Illegal with the most efficient and effective ways to gration and Naturalization Service Data Man- Immigration Reform and Immigrant Responsi- safe and lawful border crossing. agement Improvement Act of 2000. bility Act of 1996, replacing the current re- The people living on our borders will benefit Tourism, trade, and border communities will quirement that a record of arrival and depar- from this legislation, as it will facilitate expe- be devastated if Section 110 is not changed. ture be collected for every alien at every point dient, safe and lawful cross border trade and This is our chance to make it right. of entry. tourism. We can patrol our border effectively if we Section 110 was an attempt to identify visa Mr. REYES. Mr. Speaker, I rise today in give the INS and Customs Service the re- overstays in the U.S. Neither Canadian nor strong support of the bipartisan agreement sources they need to do their jobs well. U.S. citizens require visas. However, the im- reached on Section 110 and presented to the Let's use the opportunity we have today to plementation of this part of the law had the House as H.R. 4489. I am proud to be an correct this major flaw. Please join me in vot- potential to cause more problems than it original cosponsor of this bill and ask all of my ing for H.R. 4489. solved. colleagues to support this legislation. This Mr. SWEENEY. Mr. Speaker, I rise in strong In 1998 alone, there were more than 76 mil- compromise legislation will achieve the en- support of this consensus legislation, H.R. lion entries and exits to the U.S. by Canadian forcement goals of Section 110 without pun- 4489, the INS Data Management Improvement citizens. ishing communities along the border. Act. As a Representative of a region highly de- Some of the largest of those crossing points H.R. 4489 eliminates the Section 110 re- pendent upon economic ties with Canada, I are along the New York-Ontario border. In quirements of implementing an entry/exit con- have long been concerned that the implemen- fact, Western New York is the largest port in trol system by March 20, 2001 and instead re- tation of Section 110 of the 1996 Immigration the state of New York. quires the INS to automate its ability to collect reform Act would adversely affect commerce, More than $85 billion in goods and services information on who is entering and exiting the trade, and tourism for the North Country re- moved back and forth between Western New U.S. This is good news for communities like El gion of New York. York and Southern Ontario in 1998 alone. And Paso that would have been devastated by the I note that New York City and Montreal are about $140 million per day moves across its full implementation of Section 110. Our ports- the two largest metropolitan areas on the border crossings. of-entry, which are already stressed, would Eastern Seabord. The 22nd Congressional It was anticipated that stopping every vehi- have become parking lots. Business would district of New York lies directly between cle entering and exiting the U.S.Ðas Section have suffered and tourism would have dis- them, providing tremendous economic oppor- 110 requiredÐwould have caused 30 hour appeared. Trade, which is so important to my crossing delays at busy international border tunities for our residents. district and others along the border, would The compromise today allows for increased points. Business and industry in Western New have suffered greatly. data collection and monitoring at our borders York hoping to grow from increased trade and I commend Chairman SMITH for this efforts without compromising the flow of goods and commerce simply could not afford those types during these negotiations. The goals of Sec- tourists that are essential to the New York- of delays. tion 110 are admirable. This bill allows us to Montreal trade corridor. As NAFTA continues to encourage trade be- make use of the information that we already New York exported $10 billion in goods to tween the U.S., Canada and Mexico, the gather on people entering and exiting this Canada in 1998 and hosted 2.2 million Cana- growth in traffic across the U.S./Canada bor- country. That is an important first step we dian visitors. der is expected to continue its 4%±7% annual must take prior to adding additional require- This exchange is already hampered today growth rate over the next decade. ments to an already overwhelmed agency. by the outdated facilities and lack of resources Commercial vehicles must cross the north- What this entire debate has shown us is and our border crossings in New York. ern border quickly and efficiently for U.S. com- that we must do a better job of providing the This agreement today ensures that this situ- panies to remain globally competitive and at- INS and Customs with additional personnel to ation of gridlock at our borders will not be tract new foreign investment. man the ports-of-entry. We must make it a pri- worsened by the implementation of Section Congress must correct the problems associ- ority to staff the ports-of-entry along the 110. ated with Section 110 as currently written to Southwest Border so that we can have all I thank the Subcommittee Chairman, Mr. facilitate international commerce and promote lanes open for traffic. Additional personnel will SMITH and the cosponsors for their hard work continuing economic development in New allow us to better manage our borders, en- on this legislation. York State and across the country. This legis- force our laws, and facilitate the flow of com- Mr. QUINN. Mr. Speaker, I rise in strong lation does that and, on behalf of Western merce. This is a good bill and I urge my col- support of H.R. 4489, the Immigration and New York residents and businesses, I urge its leagues to support this compromise. Naturalization Service Data Management Im- adoption. Mr. BONIOR. Mr. Speaker, when Congress provement Act. As you all know, we have Mr. BONILLA. Mr. Speaker, I am very passed the immigration reform bill in 1996, no been grasping for a solution to the Section pleased to see we have fixed the Section 110 one in this body thought they were voting for 110 problem for several years now. And now, problem by removing the cumbersome re- a bill that would tie up our borders with Mexico through months of hard work and negotiations, quirements made under the Illegal Immigration and Canada. I am pleased to lend my full support to this bi- Reform and Immigrant Responsibility Act of But that's what could happen unless we partisan solution to this vexing problem. 1996. This is a very important issue to me, my pass this corrective legislation today. This legislation will amend Section 110 of constituents and all Americans living on our Section 110 of the 1996 immigration bill was the 1996 Illegal Immigration Reform and Immi- nation's borders. I have always made it a pri- interpreted as requiring Canadian and Mexi- grant Responsibility Act in two ways. First, this ority to see that no unnecessary burdens are can citizens to obtain entry and exit docu- bill will create a database to integrate and placed on border residents. The implementa- ments when traveling to the United StatesÐ centralize the information that is already col- tion of Section 110, as proposed in 1996 even though the authors of the bill acknowl- lected about aliens entering and leaving the would have crippled and severely restricted edged that was not its purpose. United States. This solution will impose no cross border trade, tourism and the environ- For communities at the border, Section 110 new information collection requirements. ment. of the immigration bill is a disaster waiting to Second, the bill establishes a task force that It should be highlighted that H.R. 4489 does happenÐclogged bridges, tunnels, and will issue findings and recommendations on not create any new documentary require- roadsÐimpacting commerce and tourism. enhancing data collection. The task force will ments. We have amended section 110 to cre- I know that at the Blue Water Bridge, at Port also study and make recommendations on ate an integrated entry and exit database sys- Huron in Michigan, delays can already lead to how to improve congestion at border points tem. We have allowed our advanced tech- hours waiting in line at our border with Can- and facilitate border crossings. This task force nology to direct our policy. The new system, ada. But improvements are being made to re- will be made up of representatives of the pub- once implemented, will match an alien's arrival lieve the congestion. lic sector including agencies with interests in data with their departure data. It will also All the efforts that have been made to im- trade, tourism, transportation, immigration, law produce a report of an alien's country of na- prove our borders will be for naught if the visa enforcement, national security and the envi- tionality and identify any non-immigrant who requirement is implemented. ronment. The task force will also include pri- may have overstayed their visas. The bill also We don't need an onerous, unnecessary re- vate sector representatives from affected in- creates a task force to study and recommend quirement that will further congest our borders. dustries. methods to continuously improve and update That's why we should pass this sensible Section 110, as written in the 1996 Immigra- the INS' database system as technology ad- compromise legislation today. I'm pleased to tion Reform law, would have had a dev- vances. This will ensure we are always current join as a cosponsor of H.R. 4489, the Immi- astating impact on the economies of border

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 9920 E:\CR\FM\A23MY7.042 pfrm06 PsN: H23PT1 H3576 CONGRESSIONAL RECORD — HOUSE May 23, 2000 communities. By requiring a record of every Senate amendments: provide helpful input regarding the military person entering and leaving the US, border Page 4, line 6, strike out ‘‘In’’ and insert records of those Hmong and Lao veterans crossings would have been effectively shut ‘‘(a) In’’. who served in the U.S. Secret Army in Laos during the Vietnam War. As the nation’s down. The lengthy delays that are already ex- Page 4, strike out all after line 15, down to and including line 25 and insert: largest Hmong and Lao non-profit veterans perienced at border crossings would have (3) may request an advisory opinion from organization, as well as the first such organi- been increased to a near stand still. This leg- the Secretary of Defense regarding the per- zation to be established and incorporated in islation today, accomplishes the laudable goal son’s, or their spouse’s, service in a special the United States (some ten years ago), we for section 110, without effecting border traffic. guerrilla unit, or irregular forces, described maintain the nation’s largest repository of Tracking aliens in the United States is some- in section 2(1)(B); and such records. The original records were de- thing we need to facilitate. This bill will do that. (4) may consider any documentation pro- stroyed in Laos at the end of the Vietnam I am thrilled that we have come to this impor- vided by organizations maintaining records War. We are, therefore, pleased to have been with respect to Hmong veterans or their mentioned in the original legislation as an tant compromise. example of an organization that might be I would like to take a moment to thank families. (b) The Secretary of Defense shall provide helpful with such records for the implemen- Chairman SMITH, for his willingness to sit any opinion requested under paragraph (3) to tation of the bill’s mandate. It is indeed, down and spend the hours and days that it the extent practicable, and the Attorney honorable to have been cited in this way by took to reach this solution. I would also like to General shall take into account any opinion so many in the House and Senate who helped thank Congressmen UPTON, LAFALCE, that the Secretary of Defense is able to pro- draft and officially sign on as cosponsors to MCHUGH, HOUGHTON, REYNOLDS and all of the vide. H.R. 371/S. 890. Thank you for your thought- other members and staff who spent so much Mr. SMITH of Texas (during the read- fulness and kind consideration in this re- time and effort to reach this compromise. I gard. It is, indeed, fundamentally important ing). Mr. Speaker, I ask unanimous for Hmong and Lao veterans organizations, urge my colleagues to support this bill. consent that the Senate amendments Ms. STABENOW. Mr. Speaker, I rise to join including organizations such as the Lao Vet- be considered as read and printed in erans of America, to have input with regard this bi-partisan effort to improve the provisions the RECORD. to the military service records of the Hmong of section 110 of the Illegal Immigration Re- The SPEAKER pro tempore. Is there and Lao veterans, since the U.S. CIA, De- form and Immigrant Responsibility Act of objection to the request of the gen- fense Department, and Department of Jus- 1996. This much needed revision of section tleman from Texas? tice have, apparently, only a very limited 110 seeks to ensure that the law enforcement There was no objection. number of records regarding those who actu- ally served and fought in the U.S. Secret objectives of the 1996 law are preserved with- Mr. SMITH of Texas. Mr. Speaker, I out adversely impacting Michigan's strong Army in Laos. include for the RECORD the following Third, with regard to Congressman Vento’s tourism and Trade industry. Mr. Speaker, to letter from Philip SMITH, Director of heroism, it is our hope that this legislation those of us who always opposed the provi- Lao Veterans of America, Inc.: will help to serve as an enduring tribute to sions of section 110 that would produce enor- Mr. Speaker, I ask unanimous consent to him when he leaves office at the end of the mous backups at our borders, this bill rep- place the following letter in the RECORD. 106th Congress. Great men are those, who in resents a much needed and long awaited time of crisis, rise above their personal cir- LAO VETERANS OF AMERICA, INC., compromise. The people of the great State of cumstances to lead for the common good and Washington, DC, May 22, 2000. help people overcome the common enemies Michigan, some of whom cross the inter- Hon. HENRY HYDE, national border to Canada every day, are well of mankind, such as injustice, ignorance and Chairman, Judiciary Committee, despair. It is important, from our perspec- served by this revision. I look forward to find- House of Representatives, Washington, DC. tive, to stress that the Congressman Bruce ing further ways we can improve our security DEAR CHAIRMAN HYDE: Thank you for at- Vento’s personal challenge with cancer could and ensure the free flow of tourists and goods tending our National Recognition Cere- easily, and understandably, have caused him through the state of Michigan. monies, and serving as one of the keynote to shrink from assisting us further with the Mr. CONYERS. Mr. Speaker, I yield speakers, to mark the 25th anniversary of passage of the Hmong veterans legislation. back the balance of my time. the end of the Vietnam War in Laos. We wish Instead, he redoubled his efforts, at that of Mr. SMITH of Texas. Mr. Speaker, we to express to you our deepest gratitude for his staff, even from his hospital bed. We are had an additional speaker on the way, your leadership role in the House of Rep- humbled and privileged to have had the resentatives on behalf of the plight of the the gentleman from New York (Mr. honor to fight this battle on behalf of citi- Hmong and Lao veterans who served bravely zenship for the Hmong and Lao veterans to- QUINN), and he has not yet arrived. with U.S. clandestine and military forces in gether with Congressman Bruce Vento and Without the presence of the gentleman, Laos during the Vietnam War. We would also you. For us, the struggle for this legislation I will go on and say to the Speaker, I like to respond to the inquiry by your office began some 10 years ago, when we first began have no requests for additional time, about our current position regarding the to work with Congressman Vento to develop and I yield back the balance of my newly amended version of H.R. 371/S. 890, the this legislation. Indeed, it has been a noble time. Hmong Veterans Naturalization Act of 1999, endeavor, at its essence an issue of justice The SPEAKER pro tempore (Mr. that passed the Senate on Thursday, May 18. and honor for America and the Hmong vet- First, the unanimous, bipartisan vote for KUYKENDALL). The question is on the erans. We feel honored to have worked with passage, on May 2, in the House of Rep- motion offered by the gentleman from so many great men, and giants, in Congress resentatives, of H.R. 371, was made possible to press this long-overdue legislation for- Texas (Mr. SMITH) that the House sus- largely because of your extraordinary leader- ward to passage in the House and Senate. pend the rules and pass the bill, H.R. ship in helping to forge a bipartisan coali- Providentially, it comes some 25 years, to 4489. tion along with that of Congressman Bruce the month, after the exodus of the Hmong The question was taken; and (two- Vento, the bill’s courageous and determined and Lao veterans of the U.S. Secret Army thirds having voted in favor thereof) sponsor, and Congressman George Radano- from Laos in those bloody final weeks of the rules were suspended and the bill vich, the bill’s key Republican activist. At 1975. Like Congressman Vento, we share in was passed. the time of passage in the House, 109 bipar- the conviction that this is one of our crown- A motion to reconsider was laid on tisan Members of Congress were officially ing achievements that will for generations signed on as cosponsors to H.R. 371. Many the table. bless communities across America. It will veterans organizations have also endorsed it, honor the name of those Hmong and Lao vet- f including the American Legion, U.S. Special erans of the U.S. Secret Army and their HMONG VETERANS’ Forces Assoc., National Vietnam Veterans American allies, and friends, who fought so Coalition, BRAVO, and Counterparts. We are NATURALIZATION ACT OF 2000 valiantly in this difficult struggle, both in grateful for your work with Subcommittee the jungles of Southeast Asia as well as in Mr. SMITH of Texas. Mr. Speaker, I Chairman Lamar Smith as well as Minnesota the halls of Congress in Washington, D.C. ask unanimous consent to take from Governor Jesse Ventura, who both deserve Fourth, with regard to your office’s con- the Speaker’s table the bill (H.R. 371) significant credit for the ultimate success of cern about the amended version of S.890/H.R. to facilitate the naturalization of the legislation in the House, by weighing-in 371 that passed the Senate last week, we con- aliens who served with special guerrilla at the critical time and helping to move the sider this legislation’s passage historic and a bill forward. great victory for the Lao and Hmong vet- units or irregular forces in Laos, with Second, with regard to the issue of the erans of the U.S. Secret Army and their ref- Senate amendments thereto, and con- lack of records maintained by the U.S. gov- ugee families across the United States. The cur in the Senate amendments. ernment on the Hmong and Lao veterans, Lao Veterans of America was pleased to The Clerk read the title of the bill: the Lao Veterans of America was very hon- work to assist in playing a leadership role in The Clerk read the Senate amend- ored to be cited by name in the legislation as the passage of this important legislation. We ments, as follows: an example of an organization that could laud its Senate sponsors, Senators Paul

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.045 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3577 Wellstone, Feingold and Robb, for their un- ship role and ask you to expeditiously seek who currently reside in the United States who flagging leadership and support. Like its to bring the amended version of the bill to would fall under the legislation. This cap is House counterpart (H.R. 371), S. 890 achieved the House floor under unanimous consent for supported by the Hmong veterans in the overwhelming bipartisan support with over immediate passage. 17 Senators officially signing on the legisla- Sincerely, United States and is considered to be a gen- tion. The only exception was the alternative PHILIP SMITH, erous cap. I support this legislation to provide legislation introduced by Senator Rod Washington, D.C., Director. relief to the Hmong heroes. Grams. The Lao Veterans of America was Mr. KIND. Mr. Speaker, I am a proud origi- Mr. CONYERS. Mr. Speaker, The Hmong able to work with a bipartisan coalition of nal cosponsor of H.R. 371, the Hmong Vet- Veterans' Naturalization Act of 1999, was in- U.S. Senators and Hmong and Lao veterans eran's Naturalization Act, and I am pleased to troduced by Representative VENTO. It provides from across the United States to help de- see that this bill will be sent to the President's long overdue assistance for the naturalization velop a compromise amendment regarding requirements of U.S. citizenship to a valiant Senator Grams’ legislation. The final lan- desk for his signature. This bill will allow the guage of this amendment was forged just last Hmong veterans who fought with the United group of people who fought for our country week. States against the communist forces in South- many years ago. Between 130,000 and The Lao Veterans of America was particu- east Asia and their families to be naturalized. 150,000 Laotian Hmong have entered the larly grateful to have been consulted, and in- The measure will speed up the process by United States as refugees since 1975. Many cluded, in helping to negotiate and work out waiving the usual English proficiency and have found it difficult to naturalize because of the final compromise regarding the amend- cultural obstacles to learning how to read ment offered to the legislation prior to the civics test requirements. bill’s final passage in the Senate last week. Passage of this legislation ensures that we English. This is due in part to the fact that the Chairman Hatch as well as Senators Leahy, as a nation will never forget the toll the Viet- culture of the Hmong did not include a written Wellstone, Feingold, McCain, Kohl, Grassley, nam War took on our allies and friends in form of their language until recent decades. Kyl, and Specter were particularly helpful in Southeast Asia. Tremendous sacrifices were H.R. 371 would exempt the Hmong natu- building bridges and reaching across the made by the Hmong people, with nearly ralization applicants from the English language aisle during the vigorous negotiations that 20,000 Hmong killed and over 100,000 fleeing requirements if they have served with special led to hammering out the final language to refugee camps in other nations to survive. guerrilla units or irregular forces operating that was acceptable to all parties, including Thankfully, due to the generosity, strength of from bases in Laos in support of the United Senator Grams’ office. Fifth, Mr. Chairman, with regard to the se- will and compassion of the American people, States during the Vietnam War (or were rious issue of timing, all along the major approximately 49,000 Hmong-Americans re- spouses or widows of such persons on the concern of the Lao Veterans of America re- side in Wisconsin today, of which, approxi- day on which such persons applied for admis- garding this legislation, was the concern mately 9,000 live in my district in western Wis- sion as refugees). that we know that you share: the Hmong consin. This legislation passed the House by voice Veterans Naturalization Act is long overdue. Therefore, it is with immense gratitude, I vote on May 2 and I have no problem with the Time is not an unlimited commodity for commend the Hmong for their loyalty and Senate amendments concerning the certifi- anyone. When one confronts one’s own mor- faithfulness to the United States and thank cation requirement which were technical in na- tality, and considers the personal plight of the two original sponsors of this legislation, them for the sacrifices they made to fight for ture. both Congressman Vento in his battle with democracy and justice. For this, we owe them Mr. VENTO. Mr. Speaker, I rise in support cancer, as well as Senator Paul Wellstone a large debt of gratitude that can never be of the Senate amended H.R. 371, The Hmong and his legislative director’s, Michael adequately repaid. Veterans Naturalizaton Act. Epstein’s, battle with cancer, the limitations Ms. JACKSON-LEE of Texas. Mr. Speaker, I would like to thank the distinguished gen- of time become crystal clear. this is an important bill because the Hmong tleman from Texas, Representative, LAMAR One of our key points to members of the have stood by the U.S. at a crucial time in our SMITH for his leadership throughout this proc- Senate was the grave concern shared by history and now is the time to repay and honor ess and his support on the House floor today. many across the political spectrum that the In addition, I would like to acknowledge the ef- Congress was running out of the necessary the loyalty of Hmong veterans. The Hmong legislative time in the 106th Congress to pass were a pre-literate society. They had no writ- forts of Senator PATRICK LEAHY, Senator RUSS the bill, especially if significant changes ten language in use when the United States FEINGOLD, Senator PAUL WELLSTON, and Sen- were made to the original language of the recruited them during the Vietnam War. The ator HERB KOHL. Their support and determina- Vento/Radanovich legislation (H.R. 371) that best symbol of why H.R. 371 is necessary is tion in working out the final language of the bill passed the House. We believe that you and the Hmong ``story cloth,'' the Pandau cloth, helped secure passage of H.R. 371 last week the Hmong veterans successfully helped to that is their embroidered cloth record of impor- in the Senate. Moreover, I would like to men- communicate this point when nearly 5,000 of tant historical events and oral traditions. tion the support of the Lao Veterans of Amer- our members converged on Washington, DC, ica, the largest Lao-Hmong organization in the on May 10th for the Lao Veterans of Amer- I approve of the Senate language which ican National Recognition Ceremonies mark- simply states that the Attorney General ``may nation, which has been actively working on ing the 25th anniversary of the end of the consider any documentation provided by orga- this legislation for over 10 years. Vietnam War in Laos. nizations maintaining records with respect to Today, we finally honor the Lao-Hmong pa- Mr. Chairman, it is important to note that Hmong veterans or their families.'' I am also triots for their sacrifice and service to the the Hmong and Lao veterans of the U.S. Se- gratified that it was made clear in the other United States during the Vietnam War. It has cret Army waited twenty-two years, for na- body that the dropping of the Lao Veterans of been twenty-five years since the fall of Saigon tional recognition in 1997 at the Vietnam America does not reflect adversely on that or- and the last American troops pulled out of Memorial and Arlington Cemetery. This was far too long and painful. Likewise, they have ganization. Southeast Asia. Events that have been relived worked nearly a decade for this legislation, I join Chairman SMITH in commending Lao these past months, harsh memories of Viet- working hard and waiting far too many years Veterans of America for its tireless efforts for nam that are unpleasant to all Americans. for H.R. 371/S. 890 to be passed by Congress. the Hmong. I too also commend our col- While the Vietnam War is over for America, Indeed, since I first began working on this league, the gentleman from Minnesota, Mr. the plight of our friends and allies within this legislation nearly ten years ago, I have at- VENTO, for his sponsorship of this legislation region and Laos must be remembered. tended too many funerals for the Hmong and and urge my colleagues to pass it. Lao-Hmong soldier, as young as ten years Lao veterans, who have passed away without The Hmong were critical to the American old, were recruited, fought and died along side the dignity of being citizens in the country war strategy in S.E. AsiaÐespecially the U.S. 58,000 U.S. soldiers, sailors, and airmen in that they gave the best years of their lives fighting to assist. air strategy. Mr. Speaker this legislation pro- Vietnam. As a result of their bravery and loy- Final, Mr. Chairman, but by no means vides for the expedited naturalization of alty to the U.S., the Lao-Hmong were trag- least, the passage of S. 890/H.R. 371, as Hmong veterans of the U.S. Secret Army cur- ically over run by the Communist forces and amended by the Senate, is first and foremost rently residing in the United States (as legal lost their homeland and status in Laos after a matter of sacred honor that is long-over- aliens) who served with U.S. clandestine and the Vietnam War. Between 10,000 and 20,000 due. The Hmong and Lao veterans of the U.S. special forces during the Vietnam War by al- Lao-Hmong were killed in combat-related inci- Secret Army are not honored by continuing lowing them to take the citizenship test with a dents and over 100,000 had to flee to refugee to live in limbo without a country, as mere aliens with green cards. Having been flown translator since the Hmong are a tribal people camps and other nations to survive. into battle for the United States by the with no written language, thus relying solely In the Minnesota area today, approximately CIA’s and the Defense Department’s, ‘‘Air on the ``story cloths''. The bill is capped at 60,000 Lao-Hmong know the Minnesota re- America,’’ they wish to live and die as Amer- 45,000, in terms of the total of number of gion as their new home. Many of the older ican citizens. We thank you for your leader- Hmong veterans, their widows and orphans Lao-Hmong patriots who made it to the U.S.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\A23MY7.051 pfrm06 PsN: H23PT1 H3578 CONGRESSIONAL RECORD — HOUSE May 23, 2000 are separated from their family members and The Clerk read as follows: (B) in paragraph (2), by striking ‘‘section have had a difficult time adjusting to many as- H.R. 3637 3(f)(1)’’ and inserting ‘‘section 3(g)(1)’’. pects of life and culture in the U.S., including Be it enacted by the Senate and House of Rep- SEC. 3. DELETION OF AMBIGUOUS REFERENCES passing aspects of the required citizenship resentatives of the United States of America in TO RESIDENTIAL MORTGAGES. (a) TERMINATION OF PRIVATE MORTGAGE IN- Congress assembled, test. Learning to read in English has been the SURANCE.—Section 3 of the Homeowners Pro- greatest obstacle for the Lao-Hmong because SECTION 1. SHORT TITLE. tection Act of 1998 (12 U.S.C. 4902) is This Act may be cited as the ‘‘Private written characters in the Hmong language amended— Mortgage Insurance Technical Corrections (1) in subsection (c), by inserting ‘‘on resi- have only been introduced in recent years. In and Clarification Act’’. addition, their long participation and service to dential mortgage transactions’’ after ‘‘im- SEC. 2. CHANGES IN AMORTIZATION SCHEDULE. posed’’; and U.S. forces in the Southeast Asian military (a) TREATMENT OF ADJUSTABLE RATE MORT- (2) in subsection (g) (as so redesignated by conflict significantly disrupted any chance Lao- GAGES.—The Homeowners Protection Act of section 2(c)(1)(A) of this Act)— Hmong patriots may have had to learn a writ- 1998 (12 U.S.C. 4901 et seq.) is amended— (A) in paragraph (1), in the matter pre- (1) in section 2— ten language. ceding subparagraph (A), by striking ‘‘mort- (A) in paragraph (2)(B)(i), by striking ‘‘am- The Hmong Veterans Naturalization Act gage or’’; ortization schedules’’ and inserting ‘‘the am- would help the process of family reunification (B) in paragraph (2), by striking ‘‘mortgage and finally ease the adjustment of the Lao- ortization schedule then in effect’’; (B) in paragraph (16)(B), by striking ‘‘am- or’’; and Hmong into our U.S. society. Specifically H.R. ortization schedules’’ and inserting ‘‘the am- (C) in paragraph (3), by striking ‘‘mortgage 371 would waive the English language re- ortization schedule then in effect’’; or’’ and inserting ‘‘residential mortgage or quirement for Lao-Hmong who served in spe- (C) by redesignating paragraphs (6) residential’’. (b) DISCLOSURE REQUIREMENTS.—Section 4 cial Guerrilla Units in Laos during the Vietnam through (16) (as amended by the preceding of the Homeowners Protection Act of 1998 (12 provisions of this paragraph) as paragraphs War. This legislation would effect individuals U.S.C. 4903(a)) is amended— (8) through (18), respectively; and who today reside legally in the United States. (1) in subsection (a)— (D) by inserting after paragraph (5) the fol- It would not open new immigration channels (A) in paragraph (1)— lowing new paragraph: nor would the bill give the Lao-Hmong vet- (i) by striking ‘‘mortgage or’’ the first ‘‘(6) AMORTIZATION SCHEDULE THEN IN EF- eran's status to make them eligible for veteran place it appears; and FECT.—The term ‘amortization schedule then benefits. Moreover, the bill establishes strict in effect’ means, with respect to an adjust- (ii) by striking ‘‘mortgage or’’ the second criteria for approval and sets a cap of 45,000 able rate mortgage, a schedule established at place it appears and inserting ‘‘residential’’; to who may benefit from this legislation. the time at which the residential mortgage and This is an historic opportunity to recognize transaction is consummated or, if such (B) in paragraph (2), by striking ‘‘mortgage and in some small way honor the loyalty and schedule has been changed or recalculated, is or’’ and inserting ‘‘residential’’; the most recent schedule under the terms of (2) in subsection (c), by striking ‘‘para- address a key problem of the older Lao- graphs (1)(B) and (3) of subsection (a)’’ and Hmong family members who are continuing to the note or mortgage, which shows— ‘‘(A) the amount of principal and interest inserting ‘‘subsection (a)(3)’’; and have a difficult time adjusting to life here in the that is due at regular intervals to retire the (3) in subsection (d), by inserting before USA. Fortunately, there is something positive principal balance and accrued interest over the period at the end the following: ‘‘, which we can do to help the process of family reuni- the remaining amortization period of the disclosures shall relate to the mortgagor’s fication and finally ease the adjustment of loan; and rights under this Act’’. Hmong into U.S. society. It is time to move ‘‘(B) the unpaid balance of the loan after (c) DISCLOSURE REQUIREMENTS FOR LENDER- PAID MORTGAGE INSURANCE.—Section 6 of the forward with action and grant citizenship to the each such scheduled payment is made.’’; and (2) in section 3(f)(1)(B)(ii), by striking ‘‘am- Homeowners Protection Act of 1998 (12 U.S.C. Lao-Hmong patriotsÐwho have after all 4905) is amended— passed a more important test than a language ortization schedules’’ and inserting ‘‘the am- ortization schedule then in effect’’. (1) in subsection (c)— test. They risked their lives for American val- (b) TREATMENT OF BALLOON MORTGAGES.— (A) in the matter preceding paragraph (1), ues and to save U.S. service personnel. Paragraph (1) of section 2 of the Homeowners by striking ‘‘a residential mortgage or’’; and The Lao-Hmong people stood honorably by Protection Act of 1998 (12 U.S.C. 4901(1)) is (B) in paragraph (2), by inserting ‘‘trans- the United States at a critical time in our Na- amended by adding at the end the following action’’ after ‘‘residential mortgage’’; and tion's history. Today, we should stand with the new sentence: ‘‘A residential mortgage that (2) in subsection (d), by inserting ‘‘trans- Lao-Hmong in their struggle to become U.S. (A) does not fully amortize over the term of action’’ after ‘‘residential mortgage’’. the obligation, and (B) contains a condi- SEC. 4. CANCELLATION RIGHTS AFTER CAN- citizens and to live a good life in the United tional right to refinance or modify the CELLATION DATE. States. The Lao-Hmong already passed the unamortized principal at the maturity date Section 3 of the Homeowners Protection hardest test of their lives in service to the of the term, shall be considered to be an ad- Act of 1998 (12 U.S.C. 4902) is amended— United States. Now, their dedication and serv- justable rate mortgage for purposes of this (1) in subsection (a)— ice deserves proper recognition. Act.’’. (A) in the matter preceding paragraph (1), The SPEAKER pro tempore. Is there (c) TREATMENT OF LOAN MODIFICATIONS.— by inserting after ‘‘cancellation date’’ the objection to the original request of the (1) IN GENERAL.—Section 3 of the Home- following: ‘‘or any later date that the mort- gentleman from Texas? owners Protection Act of 1998 (12 U.S.C. 4902) gagor fulfills all of the requirements under There was no objection. is amended— paragraphs (1) through (4)’’; A motion to reconsider was laid on (A) by redesignating subsections (d) (B) in paragraph (2), by striking ‘‘and’’ at through (f) as subsections (e) through (g), re- the end; the table. spectively; and (C) by redesignating paragraph (3) as para- f (B) by inserting after subsection (c) the fol- graph (4); and GENERAL LEAVE lowing new subsection: (D) by inserting after paragraph (2) the fol- ‘‘(d) TREATMENT OF LOAN MODIFICATIONS.— lowing new paragraph: Mr. SMITH of Texas. Mr. Speaker, I If a mortgagor and mortgagee (or holder of ‘‘(3) is current on the payments required by ask unanimous consent that all Mem- the mortgage) agree to a modification of the the terms of the residential mortgage trans- bers may have 5 legislative days within terms or conditions of a loan pursuant to a action; and’’; and which to revise and extend their re- residential mortgage transaction, the can- (2) in subsection (e)(1)(B) (as so redesig- cellation date, termination date, or final ter- marks on H.R. 371. nated by section 2(c)(1)(A) of this Act), by mination shall be recalculated to reflect the striking ‘‘subsection ‘‘(a)(3)’’ and inserting The SPEAKER pro tempore. Is there modified terms and conditions of such objection to the request of the gen- ‘‘subsection (a)(4)’’. loan.’’. SEC. 5. CLARIFICATION OF CANCELLATION AND tleman from Texas? (2) CONFORMING AMENDMENTS.—Section 4(a) TERMINATION ISSUES AND LENDER There was no objection. of the Homeowners Protection Act of 1998 (12 PAID MORTGAGE INSURANCE DIS- f U.S.C. 4903(a)) is amended— CLOSURE REQUIREMENTS. (A) in paragraph (1)— (a) GOOD PAYMENT HISTORY.—Section 2(4) PRIVATE MORTGAGE INSURANCE (i) in the matter preceding subparagraph of the Homeowners Protection Act of 1998 (12 TECHNICAL CORRECTIONS AND (A), by striking ‘‘section 3(f)(1)’’ and insert- U.S.C. 4901(4)) is amended— CLARIFICATION ACT ing ‘‘section 3(g)(1)’’; (1) in subparagraph (A)— Mrs. ROUKEMA. Mr. Speaker, I move (ii) in subparagraph (A)(ii)(IV), by striking (A) by inserting ‘‘the later of (i)’’ before ‘‘section 3(f)’’ and inserting ‘‘section 3(g)’’; ‘‘the date’’; and to suspend the rules and pass the bill and (ii) by inserting ‘‘, or (ii) the date that the (H.R. 3637) to amend the Homeowners (iii) in subparagraph (B)(iii), by striking mortgagor submits a request for cancellation Protection Act of 1998 to make certain ‘‘section 3(f)’’ and inserting ‘‘section 3(g)’’; under section 3(a)(1)’’ before the semicolon; technical corrections. and and

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.073 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3579 (B) in subparagraph (B)— GENERAL LEAVE are determined should be prepared in (i) by inserting ‘‘the later of (i)’’ before Mrs. ROUKEMA. Mr. Speaker, I ask accordance with the actual note. ‘‘the date’’; and unanimous consent that all Members b 1345 (ii) by inserting ‘‘, or (ii) the date that the may have 5 legislative days within mortgagor submits a request for cancellation which to revise and extend their re- The effect is to conform the require- under section 3(a)(1)’’ before the period at ments of cancellation and termination the end. marks on H.R. 3637. (b) AUTOMATIC TERMINATION.—Paragraph The SPEAKER pro tempore. Is there to the uniform methodology used in (2) of section 3(b) of the Homeowners Protec- objection to the request of the gentle- the industry to calculate ARM amorti- tion Act of 1998 (12 U.S.C. 4902(b)(2)) is woman from New Jersey? zation schedules. amended to read as follows: There was no objection. The bill also ensures that ‘‘defined ‘‘(2) if the mortgagor is not current on the Mrs. ROUKEMA. Mr. Speaker, I yield terms’’ such as ‘‘adjustable rate mort- termination date, on the first day of the first myself such time as I may consume. gage’’ and ‘‘balloon mortgages’’ are month beginning after the date that the Mr. Speaker, I rise today in support used consistently and appropriately. mortgagor becomes current on the payments The bill also defines several terms, required by the terms of the residential of H.R. 3637, the Private Mortgage In- mortgage transaction.’’ surance Technical Corrections and such as ‘‘refinanced,’’ ‘‘midpoint of the (c) PREMIUM PAYMENTS.—Section 3 of the Clarification Act. amortization period,’’ and ‘‘original Homeowners Protection Act of 1998 (12 U.S.C. This Act is a very important bill be- value.’’ These and other terms are used 4902) is amended by adding at the end the fol- cause it will eliminate the confusion in the law but were not defined and, lowing new subsection: that has resulted from implementation therefore, could be subject to different ‘‘(h) ACCRUED OBLIGATION FOR PREMIUM interpretations. I also want to note PAYMENTS.—The cancellation or termination of the Homeowners Protection Act of under this section of the private mortgage 1998. that the bill solves some of the oper- insurance of a mortgagor shall not affect the In this bill, we will clarify the can- ational difficulties that have surfaced rights of any mortgagee, servicer, or mort- cellation and termination issues to en- since the 1998 law related to measuring gage insurer to enforce any obligation of sure that homeowners will be able to a borrower’s payment history and de- such mortgagor for premium payments ac- cancel private mortgage insurance as termining his right to cancel. Addi- crued prior to the date on which such can- Congress intended in the original bill tionally, the bill clarifies the rights of cellation or termination occurred.’’. of 1998. lenders to enforce collection of PMI SEC. 6. DEFINITIONS. premiums that were owed by the bor- (a) REFINANCED.—Section 6(c)(1)(B)(ii) of I want to thank the gentleman from the Homeowners Protection Act of 1998 (12 Ohio (Mr. LEACH), chairman of the rower prior to the time that the mort- U.S.C. 4905(c)(1)(B)(ii)) is amended by insert- Committee on Banking, who is a co- gage insurance was canceled. ing after ‘‘refinanced’’ the following: ‘‘(under sponsor of this bill, and certainly the In summary, H.R. 3637 specifically the meaning given such term in the regula- ranking member, the gentleman from addresses the problems that have oc- tions issued by the Board of Governors of the New York (Mr. LAFALCE), for their con- curred since implementation of the Federal Reserve System to carry out the tributions and their support as cospon- Homeowners Protection Act to make Truth in Lending Act (15 U.S.C. 1601 et sure that no one continues to pay for seq.))’’. sors. (b) MIDPOINT OF THE AMORTIZATION PE- I also wish to thank the gentleman PMI because of ambiguities in the cur- RIOD.—Section 2 of the Homeowners Protec- from Minnesota (Mr. VENTO), the rank- rent law. tion Act of 1998 (12 U.S.C. 4901) is amended by ing member of the Subcommittee on I would also like to note that the inserting after paragraph (6) (as added by Financial Institutions, who is a co- provisions of the bill were included in section 2(a)(1)(D) of this Act) the following sponsor of this bill and with whom I title IX of H.R. 1776, the American new paragraph: have worked closely on this and many Homeownership and Economic Oppor- ‘‘(7) MIDPOINT OF THE AMORTIZATION PE- other issues. tunity Act of 2000. We passed that bill RIOD.—The term ‘‘midpoint of the amortiza- tion period’’ means, with respect to a resi- Mr. Speaker, I also want to espe- in April of this year with a resounding dential mortgage transaction, the point in cially thank the gentleman from Utah vote, 417–8; but at this point in time, time that is halfway through the period that (Mr. HANSEN) for his support as an there seems to be no Senate action begins upon the first day of the amortization original cosponsor of this bill and for contemplated. I do want to recognize period established at the time a residential his strong leadership in this area. the leadership that the gentleman from mortgage transaction is consummated and The bipartisan support of this bill, New York (Mr. LAZIO) gave as chair- ends upon the completion of the entire pe- along with the support of both industry man of the Subcommittee on Housing riod over which the mortgage is scheduled to as well as consumer groups, reflects at that time and for his continuing be amortized.’’. (c) ORIGINAL VALUE.—Section 2(12) of the the importance and the need for the support for PMI issues in particular. Homeowners Protection Act of 1998 (12 U.S.C. corrections and clarifications of H.R. Mr. Speaker, we all remain strong in 4901(10)) (as so redesignated by section 3637. our support of not only H.R. 1776 and 2(a)(1)(C) of this Act) is amended— Mr. Speaker, the Homeowners Pro- want to see that enacted, but in the (1) by inserting ‘‘transaction’’ after ‘‘a res- tection Act of 1998 included important meantime we must deal with the issues idential mortgage’’; and provisions regarding consumers’ ability in this suspension. (2) by adding at the end the following new to cancel PMI. Most of the reforms in- Mr. Speaker, I reserve the balance of sentence: ‘‘In the case of a residential mort- corporated in that law have worked my time. gage transaction for refinancing the prin- cipal residence of the mortgagor, such term very well. However, the law has created Mr. LAFALCE. Mr. Speaker, I yield means only the appraised value relied upon some uncertainty relating to the can- myself such time as I may consume. by the mortgagee to approve the refinance cellation and termination of PMI for (Mr. LAFALCE asked and was given transaction.’’. adjustable mortgage rates, or ARMs as permission to revise and extend his re- (d) PRINCIPAL RESIDENCE.—Section 2 of the they are known, balloon mortgages, marks.) Homeowners Protection Act of 1998 (12 U.S.C. and loans whose terms or rates are Mr. LAFALCE. Mr. Speaker, I rise as 4901) is amended— modified over the life of the loan. a primary cosponsor in support of H.R. (1) in paragraph (14) (as so redesignated by section 2(a)(1)(C) of this Act) by striking To address these ambiguities and the 3637, the Private Mortgage Insurance ‘‘primary’’ and inserting ‘‘principal’’; and problems that have arisen, I, along Technical Corrections and Clarifica- (2) in paragraph (15) (as so redesignated by with the distinguished group of cospon- tion Act. I specifically commend the section 2(a)(1)(C) of this Act) by striking sors that I have just mentioned, intro- gentlewoman from New Jersey for her ‘‘primary’’ and inserting ‘‘principal’’; duced this bill on February 10 of this excellent leadership and work on this The SPEAKER pro tempore. Pursu- year. It ensures that the terms of the technical corrections bill. ant to the rule, the gentlewoman from cancellation of PMI on these types of Two years ago, we enacted, on a bi- New Jersey (Mrs. ROUKEMA) and the variable rate mortgage products will be partisan basis, the Homeowners Pro- gentleman from New York (Mr. LA- unambiguous. tection Act of 1998. That legislation set FALCE) each will control 20 minutes. The bill describes in greater detail out reasonable provisions giving home- The Chair recognizes the gentle- the original intent of the 1998 law that owners who utilize private mortgage woman from New Jersey (Mrs. ROU- the amortization schedule upon which insurance, frequently called PMI, the KEMA). the cancellation and termination dates right to cancel their PMI insurance

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.056 pfrm06 PsN: H23PT1 H3580 CONGRESSIONAL RECORD — HOUSE May 23, 2000 and stop paying monthly PMI pre- of the original act to the detriment of homeowner that has such a loan with miums once they have paid their mort- consumers. For example, the act re- private mortgage insurance is in fact gage loan down to levels where private quires PMI termination once a mort- being treated fairly in terms of this in- mortgage insurance is no longer need- gage reaches a ‘‘midpoint,’’ an unde- surance and given the right to can- ed. The concept is relatively simple. fined term. The act’s clear intent is the cellation and to exercise the option to PMI is only required on loans where halfway point between the first date of drop such insurance once the loan-to- the loan-to-value, or LTV, exceeds 80 the loan and the last day of the period value ratio of down payment and eq- percent. Therefore, once a borrower over which the loan is scheduled to be uity has been exceeded. That is exactly pays down a mortgage loan to the amortized. However, with adjustable what the basic law did that was en- point where the LTV is less than 80 rate or balloon loans, without this defi- acted. In fact, it was brought to our at- percent, there is no need for the bor- nition the midpoint could unfairly con- tention by, as has been pointed out, the rower to continue to pay for PMI. The tinue to be moved back simply by a re- gentleman from Utah (Mr. HANSEN), bill from last Congress sets out terms setting of the amortization schedules. who has had an active interest in this and conditions under which borrowers And so this bill clarifies that for loans as a consumer and as a Representative have the legal right to cancel PMI. As for the purpose of refinancing when es- from Utah. What we have before us a result, the borrower now has the tablishing LTV ratios, the value will be today, of course, is the technical cor- right to cancel PMI and stop making determined at the time of the refi- rections. payments once the loan balance has nance, not at the original time of home I know that the Members of Congress fallen below certain LTV ratios, gen- purchase. This avoids unfairly penal- would be surprised to learn that we do erally either 80 percent or 78 percent. izing the borrower when the home has not write perfect laws, that from time This will save consumers in this posi- risen in value. to time we have to go back and make tion hundreds or even thousands of dol- Finally, the legislation before us some modifications to clarify intent lars. today includes a number of provisions and to eliminate ambiguity. That is However, as is often the case with ef- that address ambiguities and correct really what has happened in this case forts to conference different House and other problems. Most notably, our bill with Congress, coming back to this law Senate versions of the same bill very clarifies that in the case of adjustable which we passed a couple of years ago late in a session, the final bill could rate mortgages, balloon mortgages, or to try and clear up some of the mis- have been drafted better from a tech- loan modifications, LTV calculations understandings. This is really Congress nical point of view. The PMI bill that are made based on the most recent am- at its best or this House at its best, was signed into law did include some ortization schedule, not based on an trying to deal with those ambiguities ambiguities, some inconsistencies, outdated schedule. This was the origi- or dealing with some of the issues. This some omissions. The bill we are consid- nal intent of the legislation. And while has been done in such a way as to pro- ering today cleans up these technical the original act did not provide that vide for a common sense policy path problems. At the same time, I want to clarity, today’s bill provides that clar- that will in fact ensure that the rights make it very clear that is all we are ity. to exercise and cancel this insurance, doing. We are not changing policy or Finally, the bill before us today cor- and I might comment to my colleagues adding new provisions but only con- rects drafting relating to terms like that these payments could be anywhere forming language to preserve or, in ‘‘refinanced,’’ ‘‘primary residence,’’ from $50 to $100 difference a month in most instances really, clarify the bill’s ‘‘residential mortgages,’’ et cetera. The terms of what the homeowner actually original intent. I believe it is impor- bill clarifies common sense interpreta- pays in terms of mortgage insurance. tant to pass this legislation this year tions of the act, for example, that can- This is no small matter for those that for the benefit of consumers, for the cellation or termination does not might be canceling such insurance to millions of Americans who will take eliminate the borrower’s obligation to have the benefit of making this sav- out loans in the next few years. With- make PMI payments legally incurred ings. This permits them to repair their out such action, there are ambiguities prior to the date at which the borrower credit, it permits them at midpoint to which could be invoked unfairly to the is entitled to cancel PMI. avoid this type of insurance when it is detriment of borrowers. In short, this is a good, common not necessary, and we all know that For example, section 3 of the PMI act sense bill, and I would urge its adop- translates into homeownership; it gives consumers the right to cancel tion. translates into more Americans being PMI insurance and stop making pay- Mr. Speaker, I yield such time as he able to take advantage of the American ments once their loan falls below 80 may consume to the distinguished gen- dream of homeownership. percent of value. However, as drafted, tleman from Minnesota (Mr. VENTO), Really, I think that our committee the act technically permits cancella- ranking member of the Subcommittee has prided itself in terms of obtaining tion only on the date that 80 percent on Financial Institutions and Con- and being part of the goal that had threshold is first reached but not later. sumer Credit, who really did the bulk been enunciated by this administration Thus, unless the borrower submits a re- of the work on this issue. and for others for many years and, that quest for cancellation on or before that (Mr. VENTO asked and was given is, obtaining one of the highest rates of date and meets certain other require- permission to revise and extend his re- homeownership in our history. Today, ments on that date, the borrower could marks.) of course, we are in the high-60 range technically lose that cancellation right Mr. VENTO. I thank the gentleman in terms of homeownership. Some forever. We cure that potential dif- for yielding me this time. States because of lower costs are doing ficulty, because that clearly was not Mr. Speaker, I concur in the ranking much better, such as my State of Min- the intent of the bill. Therefore, the member’s remarks and the sub- nesota. Others are challenged because bill before us today explicitly confers committee chairman’s remarks con- of the high cost of housing and home- cancellation rights on the date when cerning this bill. In return, I want to ownership in those States. But, never- the loan first reaches 80 percent LTV just thank her for her leadership on theless, this bill will help maintain and or any later date that the borrower this issue. It is a very important mat- provide the stability, provide the pre- meets the conditions required for can- ter. dictability, and provide the cheaper cellation. Frankly, private mortgages insur- mortgage insurance and these impor- The bill also includes language to ance is a major basis to provide for tant tools which are making it possible allow borrowers without a good pay- lower interest rates and affordable to obtain the dream of homeownership ment history on the cancellation date housing for many, many homeowners in this country. itself to cancel at a later date once that otherwise would not be able to ac- I commend this bill to my colleagues. they obtain a good payment history. quire the loan they need to purchase a Mr. Speaker, I rise in support of H.R. 3637, This is what we intended, but tech- home. And so keeping this particular the PMI Technical Corrections and Clarifica- nically the act was not clear on that. product in place is enormously impor- tion Act. As one of the architects of the recent Our bill today also clarifies other am- tant. But also we need to be vigilant to law that affords people the right to stop paying biguities that could subvert the intent make certain that the individual for costly private mortgage insurance when

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.093 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3581 they no longer need it, I am pleased that we Mrs. ROUKEMA. Mr. Speaker, I yield Mrs. ROUKEMA. Mr. Speaker, I have are finally moving this technical corrections bill myself such time as I may consume. no further requests for time, and I that will benefit consumers and the industry. We have worked closely with the gen- yield back the balance of my time. I joined my colleagues in cosponsoring this tleman from New York (Mr. LAFALCE) The SPEAKER pro tempore (Mr. needed Private Mortgage Insurance Technical and the gentleman from Minnesota KUYKENDALL). The question is on the Corrections and Clarification Act so that we (Mr. VENTO) on a fine bipartisan basis. motion offered by the gentlewoman can clarify some meanings and make correc- I deeply appreciate their contribution from New Jersey (Mrs. ROUKEMA) that tions to terms, rights for consumers and re- and their work. But I also want to ac- the House suspend the rules and pass sponsibilities for mortgage lenders under the knowledge again with more specificity the bill, H.R. 3637. Homeowners' Protection Act of 1998. We the leadership of the gentleman from The question was taken; and (two- worked together then, as we did today, with Utah (Mr. HANSEN), who was the first thirds having voted in favor thereof) interested consumer and mortgage industry to identify and act upon the issue. I the rules were suspended and the bill groups to come up with a bill that worked to think it is very important that he was passed. the benefit of all parties. brought it to the forefront and to our A motion to reconsider was laid on Unfortunately, when we passed the Home- attention and the need for the changes the table. owner's Protection Act, we were unable to here. f prevail on one issue, and that was to actually Fundamentally, I do want to under- have a regulator to work out some of the de- score, in conclusion, that not only do ANNOUNCEMENT BY THE SPEAKER tails of the statute and the underlying policy. we have bipartisan support here; but PRO TEMPORE That has left us with the need to clarify some we have real action about real money The SPEAKER pro tempore. Debate smaller points in the statute, as is being pro- on a monthly basis for Americans to posed in this bill before the House of Rep- has concluded for the time being on recognize and take part in the Amer- motions to suspend the rules. Pursuant resentatives today. This point in highlighted by ican dream, which has always been fun- provisions such as those in Section 6, where to clause 8, rule XX, the Chair will now damental to our American democracy, put the question on each of the first we are coming back to define what the term namely, homeownership, a home of ``refinanced'' means. That clearly is a definition three motions on which further pro- their own. I am pleased to have accept- that the Federal Reserve Board or the Depart- ceedings were postponed earlier today ed the strong support on a bipartisan ment of Housing and Urban Development in the order in which that motion was basis. could have handled without further Congres- entertained. Mr. BENTSEN. Mr. Speaker, as a member sional action. There are more meaningful and Votes will be taken in the following of the House Banking Committee, I rise in key clarifications contained in H.R. 3637. order: For example, the bill, H.R. 3637, will clarify strong support of H.R. 3637, legislation that H.R. 297, by the yeas and nays; that PMI cancellation rights exist not only on will make technical corrections and clarifica- H. Res. 443, by the yeas and nays; and the cancellation date, but on any later date as tions to the Homeowners Protection Act. This H.R. 3544, by the yeas and nays. well, so long as the borrower meets all the law ensures that homeowners have the right The Chair will reduce to 5 minutes other cancellation requirements (including to cancel their Private Mortgage Insurance the time for any electronic vote after being current on loan payments). This was (PMI) on their home mortgages once the the first such vote in this series. homeowner attains a certain level of equity in clearly our intent and is a needed fix resolved f in this measure. H.R. 3637 also will make the home (usually 22%, but in some cases clear that a good payment history should be 20%). Provisions included in this legislation LEWIS & CLARK RURAL WATER calculated on the later of the cancellation date were also included in H.R. 1776 which was SYSTEM ACT OF 2000 approved by the House, with my support, on or the date the borrower requests cancellation. The SPEAKER pro tempore. The April 3. In this way, the borrower cannot be frozen in pending business is the question of sus- This legislation clarifies that PMI cancella- a category of not having a good payment his- pending the rules and passing the bill, tion rights for adjustable rate mortgages tory at the first cancellation date, and therefore H.R. 297, as amended. (ARMs) are based on the amortization sched- never eligible for cancellationÐeven if he or The Clerk read the title of the bill. ule that is currently in affect. This will ensure she had repaired and improved their payment The SPEAKER pro tempore. The that consumers get full benefit of any adjust- history. question is on the motion offered by ments that have been made based upon re- The bill eases lenders' burdens by assuring the gentleman from California (Mr. cent calculations. In addition, this legislation a timely, yet sensible termination time of the DOOLITTLE) that the House suspend the ensures that balloon mortgages are also treat- first day of the following month after a bor- rules and pass the bill, H.R. 297, as ed as ARMs so that consumers will receive rower become current. This change eliminates amended, on which the yeas and nays the full benefit of any interest changes that are the need for a lender to check and cancel PMI are ordered. favorable to them. every day of the month following a consumer's The vote was taken by electronic de- This bill ensures that consumers with a potential eligibility. It also clarifies that can- vice, and there were—yeas 400, nays 13, ``good payment history'' have the right to can- cellation/termination rights are based on most not voting 21, as follows: recent amortization schedule for Adjustable cel their PMI. In the past, there has been Rate Mortgages and other products where the some confusion about what this term means. [Roll No. 217] amortization schedule may change over the This legislation would make technical correc- YEAS—400 course of a loan's life. tions so there is less ambiguity about this Abercrombie Berry Calvert Two other important technical corrections in- term. This measure includes a proviso that Aderholt Biggert Camp Allen Bilbray Canady clude assuring that the goal post cannot con- clarifies that these PMI cancellation rights only Andrews Bilirakis Cannon tinually be shifted by changing a currently un- apply to mortgages originated after the 1998 Armey Bishop Capps defined ``midpoint.'' H.R. 3637 will clarify that law's enactment date. Finally, this bill ensures Baca Blagojevich Cardin the midpoint is the halfway point between the Bachus Bliley Carson that consumers can cancel their PMI after the Baird Blumenauer Castle first date of the loan and the last day of the cancellation date as long as they have paid all Baker Blunt Chabot period over which the loan is scheduled to be of their PMI charges. The original law did not Baldacci Boehlert Chambliss amortized. Finally, our bill also makes clear provide their consumer protection provision. Baldwin Boehner Clay Ballenger Bonilla Clayton that the appraised value at the time of the refi- As a result, consumers had only one oppor- Barcia Bonior Clement nancing, and not the value at original pur- tunity to cancel their PMI. Barr Bono Clyburn chase, should be is used to determine the I strongly urge my colleague to support this Barrett (NE) Borski Coburn loan to value ratio and cancellation/termination Barrett (WI) Boswell Collins corrective legislation that will protect con- Bartlett Boucher Combest rights. sumers and improve the Homeowners Protec- Barton Boyd Condit Mr. Speaker, I want to express my thanks to tion Act. Bass Brady (PA) Conyers my Democratic and Republican colleagues Bateman Brown (FL) Cook b who have all worked together to bring this 1400 Becerra Bryant Cooksey Bentsen Burr Costello technical corrections bill before the House Mr. LAFALCE. Mr. Speaker, I have Bereuter Burton Coyne today and I urge other Members to support no further requests for time, and I Berkley Buyer Cramer this necessary legislation. yield back the balance of my time. Berman Callahan Crane

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.057 pfrm06 PsN: H23PT1 H3582 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Crowley Inslee Ose Traficant Walsh Whitfield [Roll No. 218] Cummings Isakson Owens Turner Wamp Wicker YEAS—417 Cunningham Istook Oxley Udall (CO) Waters Wilson Danner Jackson (IL) Packard Udall (NM) Watkins Wise Abercrombie Diaz-Balart Johnson, E. B. Davis (FL) Jackson-Lee Pallone Upton Watt (NC) Wolf Aderholt Dickey Johnson, Sam Davis (IL) (TX) Pascrell Velazquez Watts (OK) Woolsey Allen Dicks Jones (NC) Davis (VA) Jefferson Pastor Vento Weldon (FL) Wu Andrews Dingell Jones (OH) Deal Jenkins Payne Visclosky Weldon (PA) Wynn Archer Dixon Kanjorski DeFazio John Pelosi Vitter Wexler Young (AK) Armey Doggett Kaptur DeGette Johnson (CT) Peterson (PA) Walden Weygand Young (FL) Baca Dooley Kasich Delahunt Johnson, E. B. Petri Bachus Doolittle Kelly DeLauro Johnson, Sam Phelps NAYS—13 Baird Doyle Kennedy DeLay Jones (NC) Pickering Campbell Paul Sensenbrenner Baker Dreier Kildee DeMint Jones (OH) Pickett Chenoweth-Hage Peterson (MN) Shadegg Baldacci Duncan Kilpatrick Deutsch Kanjorski Pitts Coble Royce Shays Baldwin Dunn Kind (WI) Diaz-Balart Kaptur Pombo Gutknecht Salmon Ballenger Edwards King (NY) Dickey Kasich Pomeroy Hostettler Sanford Barcia Ehlers Kingston Dicks Kelly Porter Barr Ehrlich Kleczka Dingell Kennedy Portman NOT VOTING—21 Barrett (NE) Emerson Klink Dixon Kildee Price (NC) Ackerman Forbes Nethercutt Barrett (WI) Engel Knollenberg Doggett Kilpatrick Pryce (OH) Archer Larson Pease Bartlett English Kolbe Dooley Kind (WI) Quinn Brady (TX) Martinez Rodriguez Barton Eshoo Kucinich Doolittle King (NY) Radanovich Brown (OH) McCarthy (NY) Stupak Bass Etheridge Kuykendall Doyle Kingston Rahall Capuano McCollum Waxman Bateman Evans LaFalce Dreier Kleczka Ramstad Cox McIntosh Weiner Becerra Everett LaHood Duncan Klink Rangel Cubin Napolitano Weller Bentsen Ewing Lampson Dunn Knollenberg Regula Bereuter Farr Lantos Edwards Kolbe Reyes b 1422 Berkley Fattah Largent Ehlers Kucinich Reynolds Berman Filner Latham Ehrlich Kuykendall Riley Messrs. CAMPBELL, GUTKNECHT, Berry Fletcher LaTourette Emerson LaFalce Rivers SALMON and SHAYS changed their Biggert Foley Lazio Bilbray Ford Leach Engel LaHood Roemer vote from ‘‘yea’’ to ‘‘nay.’’ Bilirakis Fossella Lee English Lampson Rogan Bishop Fowler Levin Eshoo Lantos Rogers Mr. EHLERS and Mr. BARR of Geor- Blagojevich Frank (MA) Lewis (CA) Etheridge Largent Rohrabacher gia changed their vote from ‘‘nay’’ to Bliley Franks (NJ) Lewis (GA) Evans Latham Ros-Lehtinen ‘‘yea.’’ Blumenauer Frelinghuysen Lewis (KY) Everett LaTourette Rothman So (two-thirds having voted in favor Blunt Frost Linder Ewing Lazio Roukema Boehlert Gallegly Lipinski Farr Leach Roybal-Allard thereof), the rules were suspended, and Boehner Ganske LoBiondo Fattah Lee Rush the bill, as amended, was passed. Bonilla Gejdenson Lofgren Filner Levin Ryan (WI) The result of the vote was announced Bonior Gekas Lowey Lewis (CA) Fletcher Ryun (KS) as above recorded. Bono Gephardt Lucas (KY) Foley Lewis (GA) Sabo A motion to reconsider was laid on Borski Gibbons Lucas (OK) Ford Lewis (KY) Sanchez Boswell Gilchrest Luther Fossella Linder Sanders the table. Boucher Gillmor Maloney (CT) Fowler Lipinski Sandlin Stated for: Boyd Gilman Maloney (NY) Frank (MA) LoBiondo Sawyer Mrs. NAPOLITANO. Mr. Speaker, on rollcall Brady (PA) Gonzalez Manzullo Franks (NJ) Lofgren Saxton Brady (TX) Goode Markey Frelinghuysen Lowey Scarborough No. 217 I was, unavoidably detained in a con- Brown (FL) Goodlatte Mascara Frost Lucas (KY) Schaffer stituent meeting. Had I been present, I would Bryant Goodling Matsui Gallegly Lucas (OK) Schakowsky have voted ``yea.'' Burr Gordon McCarthy (MO) Ganske Luther Scott Burton Goss McCrery Gejdenson Maloney (CT) Serrano f Buyer Graham McDermott Gekas Maloney (NY) Sessions Callahan Granger McGovern Gephardt Manzullo Shaw ANNOUNCEMENT BY THE SPEAKER Calvert Green (TX) McHugh Gibbons Markey Sherman PRO TEMPORE Camp Green (WI) McInnis Gilchrest Mascara Sherwood Campbell Greenwood McIntyre Gillmor Matsui Shimkus The SPEAKER pro tempore (Mr. Canady Gutierrez McKeon Gilman McCarthy (MO) Shows KUYKENDALL). Pursuant to clause 8 of Cannon Gutknecht McKinney Gonzalez McCrery Shuster Capps Hall (OH) McNulty Goode McDermott Simpson rule XX, the Chair announces that he Cardin Hall (TX) Meehan Goodlatte McGovern Sisisky will reduce to a minimum of 5 minutes Carson Hansen Meek (FL) Goodling McHugh Skeen the period of time within which a vote Castle Hastings (FL) Meeks (NY) Gordon McInnis Skelton Chabot Hastings (WA) Menendez Goss McIntyre Slaughter by electronic device will be taken on Chambliss Hayes Metcalf Graham McKeon Smith (MI) each additional motion to suspend the Chenoweth-Hage Hayworth Mica Granger McKinney Smith (NJ) rules on which the Chair has postponed Clay Hefley Millender- Green (TX) McNulty Smith (TX) further proceedings. Clayton Herger McDonald Green (WI) Meehan Smith (WA) Clement Hill (IN) Miller (FL) Greenwood Meek (FL) Snyder f Clyburn Hill (MT) Miller, Gary Gutierrez Meeks (NY) Souder Coble Hilleary Miller, George Hall (OH) Menendez Spence Coburn Hilliard Minge Hall (TX) Metcalf Spratt SENSE OF HOUSE REGARDING Collins Hinchey Mink Hansen Mica Stabenow RAISING OF UNITED STATES Combest Hinojosa Moakley Hastings (FL) Millender- Stark FLAG IN AMERICAN SAMOA Condit Hobson Mollohan Hastings (WA) McDonald Stearns Conyers Hoeffel Moore Hayes Miller (FL) Stenholm The SPEAKER pro tempore. The Cook Hoekstra Moran (KS) Hayworth Miller, Gary Strickland pending business is the question of sus- Cooksey Holden Moran (VA) Hefley Miller, George Stump pending the rules and agreeing to the Costello Holt Morella Herger Minge Sununu Cox Hooley Murtha Hill (IN) Mink Sweeney resolution, House Resolution 443, as Coyne Horn Myrick Hill (MT) Moakley Talent amended. Cramer Hostettler Nadler Hilleary Mollohan Tancredo The Clerk read the title of the resolu- Crane Houghton Napolitano Hilliard Moore Tanner Crowley Hoyer Neal Hinchey Moran (KS) Tauscher tion. Cummings Hulshof Ney Hinojosa Moran (VA) Tauzin The SPEAKER pro tempore. The Cunningham Hunter Northup Hobson Morella Taylor (MS) question is on the motion offered by Danner Hutchinson Norwood Hoeffel Murtha Taylor (NC) the gentleman from California (Mr. Davis (FL) Hyde Nussle Hoekstra Myrick Terry Davis (IL) Inslee Oberstar Holden Nadler Thomas DOOLITTLE) that the House suspend the Davis (VA) Isakson Obey Holt Neal Thompson (CA) rules and agree to the resolution, Deal Istook Olver Hooley Ney Thompson (MS) House Resolution 443, as amended, on DeFazio Jackson (IL) Ortiz Horn Northup Thornberry DeGette Jackson-Lee Ose Houghton Norwood Thune which the yeas and nays are ordered. Delahunt (TX) Owens Hoyer Nussle Thurman This will be a 5-minute vote. DeLauro Jefferson Oxley Hulshof Oberstar Tiahrt The vote was taken by electronic de- DeLay Jenkins Packard Hunter Obey Tierney vice, and there were—yeas 417, nays 0, DeMint John Pallone Hutchinson Olver Toomey Deutsch Johnson (CT) Pascrell Hyde Ortiz Towns not voting 17, as follows:

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.075 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3583 Pastor Sawyer Taylor (NC) Barrett (NE) Eshoo Lampson Rivers Simpson Tierney Paul Saxton Terry Barrett (WI) Etheridge Lantos Roemer Sisisky Toomey Payne Scarborough Thomas Bartlett Evans Largent Rogan Skeen Towns Pelosi Schaffer Thompson (CA) Barton Everett Latham Rogers Skelton Traficant Peterson (MN) Schakowsky Thompson (MS) Bass Ewing LaTourette Rohrabacher Slaughter Turner Peterson (PA) Scott Thornberry Bateman Farr Lazio Ros-Lehtinen Smith (MI) Udall (CO) Petri Sensenbrenner Thune Becerra Fattah Leach Rothman Smith (NJ) Udall (NM) Phelps Serrano Thurman Bentsen Filner Lee Roukema Smith (TX) Upton Pickering Sessions Tiahrt Bereuter Fletcher Levin Roybal-Allard Smith (WA) Velazquez Pitts Shadegg Tierney Berkley Foley Lewis (CA) Royce Snyder Vento Pombo Shaw Toomey Berman Ford Lewis (GA) Rush Souder Visclosky Pomeroy Shays Towns Berry Fossella Lewis (KY) Ryan (WI) Spence Vitter Porter Sherman Traficant Biggert Fowler Linder Ryun (KS) Spratt Walden Portman Sherwood Turner Bilbray Frank (MA) Lipinski Sabo Stabenow Walsh Price (NC) Shimkus Udall (CO) Bilirakis Franks (NJ) LoBiondo Salmon Stark Wamp Pryce (OH) Shows Udall (NM) Bishop Frelinghuysen Lofgren Sanchez Stearns Waters Quinn Shuster Upton Blagojevich Frost Lowey Sanders Stenholm Watkins Radanovich Simpson Velazquez Bliley Gallegly Lucas (KY) Sandlin Strickland Watt (NC) Rahall Sisisky Vento Blumenauer Ganske Lucas (OK) Sanford Stump Watts (OK) Ramstad Skeen Visclosky Blunt Gejdenson Luther Sawyer Sununu Weldon (FL) Rangel Skelton Vitter Boehlert Gekas Maloney (CT) Saxton Sweeney Weldon (PA) Regula Slaughter Walden Boehner Gephardt Maloney (NY) Scarborough Talent Weller Reyes Smith (MI) Walsh Bonilla Gibbons Manzullo Schaffer Tancredo Wexler Reynolds Smith (NJ) Wamp Bonior Gilchrest Markey Schakowsky Tanner Weygand Riley Smith (TX) Waters Bono Gillmor Mascara Scott Tauscher Whitfield Rivers Smith (WA) Watkins Borski Gilman Matsui Sensenbrenner Tauzin Wicker Roemer Snyder Watt (NC) Boswell Gonzalez McCarthy (MO) Serrano Taylor (MS) Wilson Rogan Souder Watts (OK) Boucher Goode McCrery Sessions Taylor (NC) Wise Rogers Spence Weldon (FL) Boyd Goodlatte McDermott Shadegg Terry Wolf Rohrabacher Spratt Weldon (PA) Brady (PA) Goodling McGovern Shaw Thomas Woolsey Ros-Lehtinen Stabenow Weller Brady (TX) Gordon McHugh Shays Thompson (CA) Wu Rothman Stark Wexler Sherman Thompson (MS) Wynn Brown (FL) Goss McInnis Roukema Stearns Weygand Sherwood Thornberry Young (AK) Bryant Graham McIntyre Roybal-Allard Stenholm Whitfield Shimkus Thune Young (FL) Burr Granger McKeon Royce Strickland Wicker Shows Thurman Burton Green (WI) McKinney Rush Stump Wilson Shuster Tiahrt Buyer Greenwood McNulty Ryan (WI) Sununu Wise Callahan Gutierrez Meehan Ryun (KS) Sweeney Wolf NAYS—1 Calvert Gutknecht Meek (FL) Sabo Talent Woolsey Camp Hall (OH) Meeks (NY) Paul Salmon Tancredo Wu Campbell Hall (TX) Menendez Sanchez Tanner Wynn NOT VOTING—17 Canady Hansen Metcalf Sanders Tauscher Young (AK) Cannon Hastings (FL) Mica Ackerman Larson Pryce (OH) Sandlin Tauzin Young (FL) Brown (OH) Martinez Rodriguez Sanford Taylor (MS) Capps Hastings (WA) Millender- Cardin Hayes McDonald Capuano McCarthy (NY) Stupak NOT VOTING—17 Carson Hayworth Miller (FL) Cubin McCollum Waxman Castle Hefley Miller, Gary Forbes McIntosh Weiner Ackerman Martinez Pickett Chabot Herger Miller, George Green (TX) Pease Brown (OH) McCarthy (NY) Rodriguez Chambliss Hill (IN) Minge Capuano McCollum Stupak b 1440 Chenoweth-Hage Hill (MT) Mink Cubin McIntosh Waxman Clay Hilleary Moakley Forbes Nethercutt Weiner So (two-thirds having voted in favor Clayton Hilliard Mollohan Larson Pease thereof) the rules were suspended and Clement Hinchey Moore the bill, as amended, was passed. b Clyburn Hinojosa Moran (KS) 1431 Coble Hobson Moran (VA) The result of the vote was announced So (two-thirds having voted in favor Coburn Hoeffel Morella as above recorded. Collins Hoekstra Murtha thereof) the rules were suspended and Combest Holden Myrick The title of the bill was amended so the resolution, as amended, was agreed Condit Holt Nadler as to read: To authorize a gold medal to. Conyers Hooley Napolitano to be presented on behalf of the Con- The result of the vote was announced Cook Horn Neal gress to Pope John Paul II in recogni- Cooksey Hostettler Nethercutt as above recorded. Costello Houghton Ney tion of his many and enduring con- A motion to reconsider was laid on Cox Hoyer Northup tributions to peace and religious under- the table. Coyne Hulshof Norwood standing, and for other purposes. Cramer Hunter Nussle A motion to reconsider was laid on f Crane Hutchinson Oberstar Crowley Hyde Obey the table. POPE JOHN PAUL II CONGRES- Cummings Inslee Olver f Cunningham Isakson Ortiz SIONAL GOLD MEDAL ACT Danner Istook Ose AUTHORIZING THE CLERK TO The SPEAKER pro tempore (Mr. Davis (FL) Jackson (IL) Owens Davis (IL) Jackson-Lee Oxley MAKE CORRECTIONS IN EN- KUYKENDALL). The pending business is Davis (VA) (TX) Packard GROSSMENT OF H.R. 297, LEWIS the question of suspending the rules Deal Jefferson Pallone AND CLARK RURAL WATER SYS- and passing the bill, H.R. 3544, as DeFazio Jenkins Pascrell TEM ACT OF 2000 amended. DeGette John Pastor Delahunt Johnson (CT) Payne Mr. DOOLITTLE. Mr. Speaker, I ask The Clerk read the title of the bill. DeLauro Johnson, E. B. Pelosi unanimous consent that in the engross- The SPEAKER pro tempore. The DeLay Johnson, Sam Peterson (MN) ment of the bill, H.R. 297, the Clerk be question is on the motion offered by DeMint Jones (NC) Peterson (PA) Deutsch Jones (OH) Petri authorized to make technical correc- the gentleman from Iowa (Mr. LEACH) Diaz-Balart Kanjorski Phelps tions and conforming changes to the that the House suspend the rules and Dickey Kaptur Pickering bill, specifically on page 10, line 17, the pass the bill, H.R. 3544, as amended, on Dicks Kasich Pickett contract number should read, ‘‘14–06– which the yeas and nays are ordered. Dingell Kelly Pitts Dixon Kennedy Pombo 200–949IR3.’’ This will be a 5-minute vote. Doggett Kildee Pomeroy The SPEAKER pro tempore. Is there The vote was taken by electronic de- Dooley Kilpatrick Porter objection to the request of the gen- vice, and there were—yeas 416, nays 1, Doolittle Kind (WI) Portman Doyle King (NY) Price (NC) tleman from California? not voting 17, as follows: Dreier Kingston Quinn There was no objection. [Roll No. 219] Duncan Kleczka Radanovich Dunn Klink Rahall f YEAS—416 Edwards Knollenberg Ramstad Abercrombie Armey Baldacci Ehlers Kolbe Rangel ANNOUNCEMENT BY THE SPEAKER Aderholt Baca Baldwin Ehrlich Kucinich Regula PRO TEMPORE Allen Bachus Ballenger Emerson Kuykendall Reyes Andrews Baird Barcia Engel LaFalce Reynolds The SPEAKER pro tempore. Pursu- Archer Baker Barr English LaHood Riley ant to the provisions of clause 8 of rule

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.076 pfrm06 PsN: H23PT1 H3584 CONGRESSIONAL RECORD — HOUSE May 23, 2000 XX, the Chair announces that he will to defibrillators, combined with appropriate ‘‘(e) DEFINITIONS.—For purposes of this sec- postpone further proceedings today on training, maintenance, and coordination tion: each motion to suspend the rules on with local emergency medical systems, have ‘‘(1) The term ‘automated external dramatically improved the survival rates defibrillator device’ has the meaning given which a recorded vote or the yeas and from cardiac arrest. such term in section 248. nays are ordered, or which the vote is (8) Automated external defibrillator de- ‘‘(2) The term ‘Federal building’ includes a objected to under clause 6 of rule XX. vices have been demonstrated to be safe and building or portion of a building leased or Any record votes on all postponed effective, even when used by lay people, rented by a Federal agency, and includes questions will be taken after debate since the devices are designed not to allow a buildings on military installations of the has concluded on the remaining two user to administer a shock until after the de- United States.’’. motions to suspend the rules. vice has analyzed a victim’s heart rhythm SEC. 4. GOOD SAMARITAN PROTECTIONS RE- and determined that an electric shock is re- GARDING EMERGENCY USE OF f quired. AUTOMATED EXTERNAL PERSONAL EXPLANATION (9) Increasing public awareness regarding DEFIBRILLATORS. automated external defibrillator devices and Part B of title II of the Public Health Serv- Mr. WATKINS. Mr. Speaker, due to encouraging their use in Federal buildings ice Act, as amended by section 3 of this Act, an airplane mechanical problem, I was will greatly facilitate their adoption. is amended by adding at the end the fol- delayed in my arrival back to Wash- (10) Limiting the liability of Good Samari- lowing section: ington yesterday afternoon from my tans and acquirers of automated external ‘‘LIABILITY REGARDING EMERGENCY USE OF district and I was unable to record my defibrillator devices in emergency situations AUTOMATED EXTERNAL DEFIBRILLATORS votes on rollcall votes 211, 212 and 213. may encourage the use of automated exter- ‘‘SEC. 248. (a) GOOD SAMARITAN PROTEC- Had I been present on those votes I nal defibrillator devices, and result in saved TIONS REGARDING AEDS.—Except as provided lives. in subsection (b), any person who uses or at- would have voted aye on those three SEC. 3. RECOMMENDATIONS AND GUIDELINES OF tempts to use an automated external votes. SECRETARY OF HEALTH AND defibrillator device on a victim of a per- The SPEAKER pro tempore. Is there HUMAN SERVICES REGARDING ceived medical emergency is immune from objection to the request of the gen- AUTOMATED EXTERNAL civil liability for any harm resulting from tleman from Oklahoma? DEFIBRILLATORS FOR FEDERAL the use or attempted use of such device; and BUILDINGS. in addition, any person who acquired the de- There was no objection. Part B of title II of the Public Health Serv- f vice is immune from such liability, if the ice Act (42 U.S.C. 238 et seq.) is amended by harm was not due to the failure of such CARDIAC ARREST SURVIVAL ACT adding at the end the following section: acquirer of the device— OF 2000 ‘‘RECOMMENDATIONS AND GUIDELINES REGARD- ‘‘(1) to notify local emergency response ING AUTOMATED EXTERNAL DEFIBRILLATORS personnel or other appropriate entities of the Mr. STEARNS. Mr. Speaker, I move FOR FEDERAL BUILDINGS most recent placement of the device within a to suspend the rules and pass the bill ‘‘SEC. 247. (a) GUIDELINES ON PLACEMENT.— reasonable period of time after the device (H.R. 2498) to amend the Public Health The Secretary shall establish guidelines with was placed; Service Act to provide for rec- respect to placing automated external ‘‘(2) to properly maintain and test the de- ommendations of the Secretary of defibrillator devices in Federal buildings. vice; or Such guidelines shall take into account the ‘‘(3) to provide appropriate training in the Health and Human Services regarding extent to which such devices may be used by the placement of automatic external use of the device to an employee or agent of lay persons, the typical number of employees the acquirer when the employee or agent was defibrillators in Federal buildings in and visitors in the buildings, the extent of the person who used the device on the vic- order to improve survival rates of indi- the need for security measures regarding the tim, except that such requirement of train- viduals who experience cardiac arrest buildings, buildings or portions of buildings ing does not apply if— in such buildings, and to establish pro- in which there are special circumstances ‘‘(A) the employee or agent was not an em- tections from civil liability arising such as high electrical voltage or extreme ployee or agent who would have been reason- heat or cold, and such other factors as the from the emergency use of the devices, ably expected to use the device; or Secretary determines to be appropriate. ‘‘(B) the period of time elapsing between as amended. ‘‘(b) RELATED RECOMMENDATIONS.—The the engagement of the person as an employee The Clerk read as follows: Secretary shall publish in the Federal Reg- or agent and the occurrence of the harm (or H.R. 2498 ister the recommendations of the Secretary between the acquisition of the device and the Be it enacted by the Senate and House of Rep- on the appropriate implementation of the placement of automated external occurrence of the harm, in any case in which resentatives of the United States of America in the device was acquired after such engage- Congress assembled, defibrillator devices under subsection (a), in- cluding procedures for the following: ment of the person) was not a reasonably SECTION 1. SHORT TITLE. ‘‘(1) Implementing appropriate training sufficient period in which to provide the This Act may be cited as the ‘‘Cardiac Ar- courses in the use of such devices, including training. rest Survival Act of 2000’’. the role of cardiopulmonary resuscitation. ‘‘(b) INAPPLICABILITY OF IMMUNITY.—Immu- SEC. 2. FINDINGS. ‘‘(2) Proper maintenance and testing of the nity under subsection (a) does not apply to a The Congress finds as follows: devices. person if— (1) Over 700 lives are lost every day to sud- ‘‘(3) Ensuring coordination with appro- ‘‘(1) the harm involved was caused by will- den cardiac arrest in the United States priate licensed professionals in the oversight ful or criminal misconduct, gross negligence, alone. of training of the devices. reckless misconduct, or a conscious, flagrant (2) Two out of every three sudden cardiac ‘‘(4) Ensuring coordination with local indifference to the rights or safety of the vic- deaths occur before a victim can reach a hos- emergency medical systems regarding the tim who was harmed; or pital. placement and incidents of use of the de- ‘‘(2) the person is a licensed or certified (3) More than 95 percent of these cardiac vices. health professional who used the automated arrest victims will die, many because of lack ‘‘(c) CONSULTATIONS; CONSIDERATION OF external defibrillator device while acting of readily available life saving medical CERTAIN RECOMMENDATIONS.—In carrying out within the scope of the license or certifi- equipment. this section, the Secretary shall— cation of the professional and within the (4) With current medical technology, up to ‘‘(1) consult with appropriate public and scope of the employment or agency of the 30 percent of cardiac arrest victims could be private entities; professional; or saved if victims had access to immediate ‘‘(2) consider the recommendations of na- ‘‘(3) the person is a hospital, clinic, or medical response, including defibrillation tional and local public-health organizations other entity whose purpose is providing and cardiopulmonary resuscitation. for improving the survival rates of individ- health care directly to patients, and the (5) Once a victim has suffered a cardiac ar- uals who experience cardiac arrest in non- harm was caused by an employee or agent of rest, every minute that passes before return- hospital settings by minimizing the time the entity who used the device while acting ing the heart to a normal rhythm decreases elapsing between the onset of cardiac arrest within the scope of the employment or agen- the chance of survival by 10 percent. and the initial medical response, including cy of the employee or agent; or (6) Most cardiac arrests are caused by ab- defibrillation as necessary; and ‘‘(4) the person is an acquirer of the device normal heart rhythms called ventricular fi- ‘‘(3) consult with and counsel other Federal who leased the device to a health care entity brillation. Ventricular fibrillation occurs agencies where such devices are to be used. (or who otherwise provided the device to when the heart’s electrical system malfunc- ‘‘(d) DATE CERTAIN FOR ESTABLISHING such entity for compensation without selling tions, causing a chaotic rhythm that pre- GUIDELINES AND RECOMMENDATIONS.—The the device to the entity), and the harm was vents the heart from pumping oxygen to the Secretary shall comply with this section not caused by an employee or agent of the entity victim’s brain and body. later than 180 days after the date of the en- who used the device while acting within the (7) Communities that have implemented actment of the Cardiac Arrest Survival Act scope of the employment or agency of the programs ensuring widespread public access of 2000. employee or agent.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.107 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3585 ‘‘(c) RULES OF CONSTRUCTION.— lated to employment, medical expense loss, My colleagues, automated external ‘‘(1) IN GENERAL.—The following applies replacement services loss, loss due to death, defibrillators, or AEDs, are small, port- with respect to this section: burial costs, and loss of business or employ- able medical devices regulated by the ‘‘(A) This section does not establish any ment opportunities) to the extent recovery Food and Drug Administration, that cause of action, or require that an auto- for such loss is allowed under applicable mated external defibrillator device be placed State law. can measure a victim’s heart rate, de- at any building or other location. ‘‘(iii) The term ‘noneconomic losses’ means termine whether the victim is suffering ‘‘(B) With respect to a class of persons for losses for physical and emotional pain, suf- from ventricular fibrillation and if an which this section provides immunity from fering, inconvenience, physical impairment, electric shock is necessary, and can civil liability, this section supersedes the mental anguish, disfigurement, loss of enjoy- even instruct the layperson whether law of a State only to the extent that the ment of life, loss of society and companion- and when to shock the victim and when State has no statute or regulations that pro- ship, loss of consortium (other than loss of to perform CPR. vide persons in such class with immunity for domestic service), hedonic damages, injury I have a chart here called ‘‘The Chain civil liability arising from the use by such to reputation and all other nonpecuniary of Survival.’’ Clearly, my colleagues persons of automated external defibrillator losses of any kind or nature.’’. devices in emergency situations (within the can see from the chain of survival the meaning of the State law or regulation in- The SPEAKER pro tempore. Pursu- four links are early access to emer- volved). ant to the rule, the gentleman from gency care, early cardiopulmonary re- ‘‘(C) This section does not waive any pro- Florida (Mr. STEARNS) and the gentle- suscitation, early defibrillation, and tection from liability for Federal officers or woman from California (Mrs. CAPPS) early advanced life supports. employees under— each will control 20 minutes. While defibrillation is the most effec- ‘‘(i) section 224; or The Chair recognizes the gentleman tive mechanism to revive a heart that ‘‘(ii) sections 1346(b), 2672, and 2679 of title from Florida (Mr. STEARNS). has stopped, it is also the least 28, United States Code, or under alternative benefits provided by the United States where GENERAL LEAVE accessed tool we have available to the availability of such benefits precludes a Mr. STEARNS. Mr. Speaker, I ask treat victims suffering from heart fail- remedy under section 1346(b) of title 28. unanimous consent that all Members ure. ‘‘(2) CIVIL ACTIONS UNDER FEDERAL LAW.— may have 5 legislative days within My colleagues, these devices are very ‘‘(A) IN GENERAL.—The applicability of sub- which to revise and extend their re- safe, effective, and they do not allow a sections (a) and (b) includes applicability to marks and insert extraneous material shock to be administered until after any action for civil liability described in the device has measured the victim’s subsection (a) that arises under Federal law. on H.R. 2498. The SPEAKER pro tempore. Is there heart and determined whether a shock ‘‘(B) FEDERAL AREAS ADOPTING STATE is required. LAW.—If a geographic area is under Federal objection to the request of the gen- Earlier this month, the Sub- jurisdiction and is located within a State but tleman from Florida? out of the jurisdiction of the State, and if, There was no objection. committee on Health and Environment held a very moving hearing on H.R. pursuant to Federal law, the law of the State Mr. STEARNS. Mr. Speaker, I yield 2498, and many of my colleagues said it applies in such area regarding matters for myself such time as I may consume. which there is no applicable Federal law, was the best hearing they have ever then an action for civil liability described in b 1445 seen. We heard from Dr. Richard Hard- subsection (a) that in such area arises under man, who helped design and implement the law of the State is subject to subsections Mr. Speaker, between 200,000 to 300,000 American lives are lost every an AED program in Las Vegas. Dr. (a) through (c) in lieu of any related State Hardman helped train over 6,500 secu- law that would apply in such area in the ab- year to sudden cardiac arrest in the sence of this subparagraph. United States. It is estimated that over rity officers to achieve an average in- ‘‘(d) FEDERAL JURISDICTION.—In any civil 30 percent of these victims could be ternal emergency medical response action arising under State law, the courts of saved if they had access to immediate time of less than 3 minutes. the State involved have jurisdiction to apply medical response, including With over 200 sudden cardiac arrests the provisions of this section exclusive of the occurring in covered locations in this jurisdiction of the courts of the United defibrillation. A large number of sudden cardiac ar- region of Las Vegas, this AED program States. was able to save an astounding 57 per- ‘‘(e) DEFINITIONS.— rests are due to an electrical malfunc- cent of the victims. ‘‘(1) PERCEIVED MEDICAL EMERGENCY.—For tion of the heart called ventricular fi- Dr. Hardman showed the sub- purposes of this section, the term ‘perceived brillation, VF. Now, when VF occurs, medical emergency’ means circumstances in committee a videotape of an actual the heart’s electrical signals, which cardiac arrest victim, who was treated which the behavior of an individual leads a normally induce a coordinated heart- reasonable person to believe that the indi- with an AED device from lay bystand- vidual is experiencing a life-threatening beat, suddenly become chaotic, and the ers in the casino and was successfully medical condition that requires an imme- heart’s function as a pump abruptly shocked back to life within minutes. diate medical response regarding the heart stops. Unless this state is reversed, This could happen to any one of us. or other cardiopulmonary functioning of the then death will occur within a few min- For example, we heard moving testi- individual. utes. The only effective treatment for mony from Robert Adams, a 42-year- ‘‘(2) OTHER DEFINITIONS.—For purposes of this condition is defibrillation, the this section: old attorney, younger than many of us, electrical shock to the heart. an NCAA referee, an outstanding col- ‘‘(A) The term ‘automated external For the last several years, I have defibrillator device’ means a defibrillator de- lege athlete, captain of his basketball vice that— been working closely with the Amer- team, in the prime of health, who had ‘‘(i) is commercially distributed in accord- ican Heart Association, the American recently passed several extensive phys- ance with the Federal Food, Drug, and Cos- Red Cross, and local emergency med- ical exams with flying colors; and yet metic Act; ical systems to develop bipartisan con- he, too, suffered a sudden cardiac ar- ‘‘(ii) is capable of recognizing the presence gressional legislation to encourage the rest on the July 3rd weekend in Grand or absence of ventricular fibrillation, and is widespread use of automated external Central Station in New York City. capable of determining without intervention defibrillator devices to help save our By the grace of God, fortunately, the by the user of the device whether lives. We have been successful, and defibrillation should be performed; station had just received delivery of an ‘‘(iii) upon determining that defibrillation that is why we are here on the House AED the day before. A couple of nearby should be performed, is able to deliver an floor today. construction workers saw Mr. Adams electrical shock to an individual; and I want to thank the chairman of the fall to the ground, they grabbed the ‘‘(iv) in the case of a defibrillator device Subcommittee on Health, the gen- AED which was still in its packaging, that may be operated in either an automated tleman from Florida (Mr. BILIRAKIS), still in the box, and they hoped and or a manual mode, is set to operate in the for his efforts, his coordination and his prayed that batteries were part and automated mode. support and encouragement. I also parcel of that box. They hoped they ‘‘(B)(i) The term ‘harm’ includes physical, want to thank the chairman of the sub- nonphysical, economic, and noneconomic were installed and charged and ready losses. committee, the gentleman from Vir- to go. Indeed, they were and they ‘‘(ii) The term ‘economic loss’ means any ginia (Mr. BLILEY), for his support in shocked Mr. Adams back to life. pecuniary loss resulting from harm (includ- bringing this forward through the com- Mr. Adams has three children, the ing the loss of earnings or other benefits re- mittee. youngest of whom was only 1 year old

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.084 pfrm06 PsN: H23PT1 H3586 CONGRESSIONAL RECORD — HOUSE May 23, 2000 at the time. Those children would not for Respiratory Care, the International This moving story is a sure indication have their father today had Grand Cen- Association of Fire Chiefs, and many, of the lifesaving capabilities that this tral Station not procured this AED and many more. bill will unleash. been willing to publicly install an AED Even President Clinton talked about Currently, I serve as the cochair of device and, of course, that the unre- it last week in his radio address and the Heart and Stroke Coalition in the lated bystanders been willing to use it promoted the use of defibrillators and House, so I have a special interest in to save his life. talked about this bill. I commend the the area of heart disease. Working Let me move to this other chart, President for recognizing and bringing closely with the American Heart Asso- ‘‘Every Minute Counts.’’ This is a very it to the public’s attention through his ciation, the American Red Cross, this important chart. We can see that for presidency. coalition is a bipartisan and bicameral every minute that goes by, we can see This helps saves the lives of almost group which is concerned with height- the effects that it will have on a person 250,000 Americans who annually are af- ening awareness of heart attack, who suffers from ventricular fibrilla- fected with sudden cardiac arrest. So I stroke, and other cardiovascular tion; and surely, surely, if we can save hope my colleagues will support and diseases. this many lives with just having this pass the Cardiac Arrest Survival Act of Additionally, the coalition works to very small inconspicuous device, this 2000. promote research opportunities in the bill will promote and save lives. Mr. Speaker, I reserve the balance of area of heart disease and stroke and Do my colleagues know that for my time. acts as a greater resource on key every minute of delay in returning the Mrs. CAPPS. Mr. Speaker, I yield issues, such as public access to auto- heart to its normal pattern of beating, myself such time as I may consume. matic external defibrillators. it decreases the chances of that per- I rise today in strong support of a The American Heart Association es- son’s survival by 10 percent? lifesaving piece of legislation, the Car- timates that, with increased access to Unfortunately, according to the tes- diac Arrest Survival Act. I would like AEDs, up to 50,000 lives could be saved timony of Dr. Hardman and AED legal to commend the gentleman from Flor- each year. That is reason enough for us expert Richard Lazar, AEDs are not ida (Mr. STEARNS) for introducing this to pass this legislation. being widely employed because of the legislation, for working hard to ensure So I urge my colleagues to support perception, the simple perception that it would receive a full hearing in H.R. 2498, the Cardiac Arrest Survival among us that would-be purchasers and the committee level. Act. users of AED would get sued. I want also to commend the gen- Mr. Speaker, I reserve the balance of This is a lot like the debate with the tleman from Michigan (Mr. DINGELL), my time. fire extinguishers 100 years ago; but the gentleman from Ohio (Mr. BROWN), Mr. STEARNS. Mr. Speaker, I yield 3 our bill, H.R. 2498 removes a barrier to the gentleman from Virginia (Chair- minutes to the gentlewoman from adopting AED programs. If a Good Sa- man BLILEY), the gentleman from Flor- Maryland (Mrs. MORELLA). maritan, like someone in the Bible, or ida (Mr. BILIRAKIS), my colleagues on Mrs. MORELLA. Mr. Speaker, I a building owner or a renter of the the Committee on Commerce, for mov- thank the gentleman for yielding the building acts in good faith and he or ing it through our committee struc- time to me, and I rise today to urge she uses the AED to save someone’s ture. support for H.R. 2498, the Cardiac Ar- life, this bill will protect them from The Cardiac Arrest Survival Act does rest Survival Act. unfair lawsuits. two key things. First, it instructs the I certainly want to commend him for We may not want to force people to Secretary of Health and Human Serv- his leadership and sponsorship of this provide medical care to someone hav- ices to make recommendations to pro- resolution which is so important to all ing a heart attack; but, my colleagues, mote public access to defibrillation of us in this country. I also want to if they are willing to do so, we should programs in Federal buildings and commend the gentlewoman from Cali- not put them at risk of being sued for other public buildings across the coun- fornia (Mrs. CAPPS) for her constant at- unlimited damages if something goes try. These recommendations would en- tention to health issues, and this is in- wrong. sure the health and safety of all Ameri- deed a situation of public health. This legislation directs the Secretary cans by encouraging ready access to This legislation that the gentleman of Health and Human Services to de- the tools needed to improve cardiac ar- from Florida (Mr. STEARNS) has intro- velop guidelines for the placement of rest survival rates. duced places automatic external defibrillators in Federal buildings. It is Second, this act extends Good Sa- defibrillators, AEDs as they call them inexcusable that we do not have these maritan protections to Automatic Ex- in the acronym, in Federal agencies. It live-saving devices widely available in ternal Defibrillator users and the would help with public access. What it Federal buildings across the United acquirers of the devices in those States does is it establishes the Federal Gov- States. who do not currently have AED Good ernment as a role model. Guidelines We need, Mr. Speaker, to be a role Samaritan protections. This protection will be established, in the hopes that model for the private sector by dem- will help encourage lay persons to re- the private sector will also follow and onstrating our commitment to pro- spond in a cardiac emergency by using State governments will follow. tecting the lives of Federal employees, the external defibrillation device. Public access to AEDs, in the words military personnel, and private citizens These devices, AEDs, are small, easy of Dr. Tom Aufderheide, an associate who are visiting our museums, our pub- to use and laptop size. They can ana- professor of emergency medicine at the lic buildings throughout the United lyze the heart rhythms of a person in Medical College of Wisconsin, Mil- States, including Social Security of- cardiac arrest to determine if a shock waukee, represents potentially the sin- fices and, of course, parks and recre- is necessary; and when it is necessary, gle greatest advance in the treatment ation areas. they will automatically deliver a life- of cardiac arrest since the development H.R. 2498 does not impose any new saving shock to the heart. of CPR. regulation or obligations on the pri- Every minute that passes before a b vate sector. It does not preempt State cardiac arrest victim’s heart is 1500 law where the State has provided im- defibrillated or shocked back into Approximately 350,000 Americans die munity for the person being sued. rhythm, every minute that passes, his annually from sudden cardiac death. If Almost 150 bipartisan Members have or her chance of survival decreases by we can make the use of AEDs more now cosponsored this bill. This legisla- as much as 10 percent. As a result, less widespread, that tremendously high tion passed in both the subcommittee than 5 percent of out-of-hospital car- loss of life will indeed diminish. and full committee by unanimous voice diac arrest victims will even survive. More and more people are taking vote. We have received letters of sup- Recently, I was very fortunate to courses to familiarize themselves with port by the National Safe Kid Cam- hear the testimony of Mr. Robert both CPR and the use of an AED. In ad- paign, the National Fire Protection As- Adams, describing how his life was dition, the machine is not difficult to sociation, the American Academy of saved in Grand Central Station in New use. It automatically analyzes heart Pediatrics, the American Association York City by a publicly available AED. rhythm and decides whether to shock.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.111 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3587 It also gives verbal prompts at each Mrs. CAPPS. Mr. Speaker, I yield also includes a critically important step, and it even has pictures on the myself the balance of my time, and I provision to ensure that any person pads to show where to attach them to want to remind and encourage all of who uses these devices is provided lim- the chest. our colleagues to support this life- ited immunity from civil liability. I want to share with my colleagues saving piece of legislation, the Cardiac Automatic External Defibrillators one story that appeared in the Amer- Arrest Survival Act. By setting the ex- (AEDs) have been found to save lives ican Medical News that conveys the ample through authorizing the use of and reduce health care costs. Accord- importance of this legislation. On Au- automatic defibrillators in public ing to the American Heart Association, gust 20 of last year, a Ms. Sherry buildings, in Federal buildings, we will in cities where Emergency Medical Caffrey was on the phone at Chicago’s do our part in saving additional lives. Systems (EMS) response is rapid, the Midway Airport when a man nearby We will also be setting a great example survival rate increased from 9 percent fell to the ground. Fortunately, an for this country in the way we want to to 30 when AEDs were available to first AED was mounted on the wall near her move forward. responders. Yet only 30 percent of EMS and she administered a single elec- Again, I commend my colleague for have AEDs to treat heart attack vic- trical shock to his heart which saved bringing forward the bill and urge its tims. This legislation would ensure his life. And this is not an isolated epi- passage. that AEDs are more widely available. sode. Since this incident last year, Mr. Speaker, I have no further re- Recently, many airlines have started there has been at least one save almost quests for time, and I yield back the to keep AEDs for their crews to assist weekly at Chicago’s Midway Airport balance of my time. passengers and they have been proven using one of the 42 defibrillators which Mr. STEARNS. Mr. Speaker, I yield to save lives. This legislation would are placed throughout the airport. myself the balance of my time, and I build upon this trend by providing By increasing training and the avail- want to thank the gentlewoman from AEDs in all federal buildings where ability of these life-saving devices, we California (Mrs. CAPPS) for her support many Americans work and visit. AEDs can dramatically reduce the number of and the support of my colleagues in the are easy to use and do not require ad- individuals who die each year from car- Committee on Commerce. vanced training to operate. In fact, diac arrest. This legislation makes I would just conclude by telling a they automatically calculate whether that goal more attainable. I strongly quick story of a good and close friend it would be appropriate to treat an in- urge my colleagues to support H.R. of mine. He and his wife are a member dividual or not and then determine 2498, Mr. Speaker. of our church, and they have four chil- what is the appropriate level of treat- Mrs. CAPPS. Mr. Speaker, I yield 3 dren. He was in his early 60s and he ment to use. They are also much less minutes to the gentlewoman from Indi- went to the golf course. As my col- cumbersome than in the past. The lat- ana (Ms. CARSON). leagues know, in Florida there are lots est models of AEDs weigh less than 10 Ms. CARSON. Mr. Speaker, I thank of golf courses; and people are there all pounds, an amount that most individ- the gentlewoman from California for the time. It was in the morning, and he uals can carry and maneuver without yielding me this time, and I express my was playing golf when suddenly he had much effort. appreciation for those responsible for a cardiac arrest. Unfortunately, there This measure also provides immunity bringing into fruition and to the House was not an automated external from civil liability for those who pro- today the Cardiac Survival Act of 1999. defibrillator there. He died. And I felt I would like to indicate in my re- vide emergency medical assistance to marks that heart disease, of course, is it was very sad for he and his family, heart attack victims through the use the leading cause of death among and that made the commitment on my of an AED. These ‘‘Good Samaritans’’ women in this country, and anything part and the people who supported this would not be liable to any ‘‘personal we can do as a body politic to allay fu- bill even stronger to get this through injury or wrongful death’’ that might ture problems with health and heart the House. result from providing care for a heart Of course, after it is approved by the attacks among women that take them attack victim. With this protection, I out, we need to do that. Senate it will then go to the President believe more Americans will be willing Each year more than 250,000 adults to be signed. So I think it is a great to help each other in their time of suffer cardiac arrest, and more than 95 day for all the organizations that have need. This bill also exempts any person percent of them die. The Cardiac Sur- supported us, been with us for these who maintains, tests, or provides train- vival Act of 1999 increases access to many, many years as we have garnered ing in the use of these devices. In order defibrillators in public buildings, and support and attempted to convince our to protect heart attack victims, the certainly it will save lives. Every colleagues that, one, the good Samari- immunity granted in this bill does not minute that passes before returning tan clause was innocuous, that there apply to any person who engages in the heart to a normal rhythm after a was nothing to worry about; that much gross negligence, willful, or wanton cardiac arrest causes the chance of sur- like fire extinguishers the day has misconduct. vival to fall by 10 percent. That is for come for automated external This legislation is an important part every minute. defibrillators. We need to have these of our effort to educate more Ameri- It is clear that in cases of cardiac ar- not only in the public Federal build- cans about the need to treat and help rest, time is of essence. For instance, ings but all the local buildings. And, of heart attack victims. In 1997, heart at- in my hometown of Indianapolis, Indi- course, hopefully, some day they will tacks are the single leading cause of ana, I remember hearing about a very be just as apparent and obvious as fire death in America. Today, one in five frightening incident of a middle-aged extinguishers, and they will save at deaths are related to heart attacks and man who was in full cardiac arrest least 50,000 lives every year. more than 450,000 Americans died of while jogging at the National Institute And remember, 50,000 lives is an enor- heart attack in 1997. Clearly we must For Fitness and Sports, where I am mous amount of savings of health care do more to prevent and treat these also a member. Thanks to the quick costs. So just this small little device heart attack victims so that there will and heroic efforts of the staff at NIFS, that automatically tells someone what be better outcomes. this legislation is a who had access to a defibrillator, were to do, is very safe, and for which the good first step in meeting this chal- trained in its operation, the man’s life cost is coming down, could save any lenge. was saved. one of our lives in this House today. So I urge my colleagues to support this Mr. Speaker, we have seen to it that I urge my colleagues’ support. legislation. we have these devices here for our safe- Mr. BENTSEN. Mr. Speaker, as a co- Mr. DINGELL. Mr. Speaker, I rise in support ty and for the safety of those who visit sponsor of this bill, I rise in strong sup- of H.R. 2498, the Cardiac Arrest Survival Act here. It is fitting that we act to extend port of the Cardiac Arrest Survival of 2000, which was reported by voice vote by this benefit to more Americans in Act, HR 2498. This legislation ensures the Committee on Commerce. I want to take every place that we possibly can. I am that Automatic External Defibrillators this opportunity to commend the Chairman of pleased to support this legislation, Mr. will be placed in federal buildings to the Subcommittee, Mr. BILIRAKIS, the Chair- Speaker, because it increases access to assist heart-attack victims within 90 man of the full Committee, Mr. BLILEY, and the vital lifesaving technologies. days of enactment. This legislation author of the bill, Mr. STEARNS, for their work

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.113 pfrm06 PsN: H23PT1 H3588 CONGRESSIONAL RECORD — HOUSE May 23, 2000 in bringing this legislation to the floor. This leg- proper personnel in the use of the AED, noti- H.R. 2498 directs the Secretary of Health islation has 130 cosponsors, including 13 fying local emergency medical services of the and Human Services to issue regulations to Democratic members of the Committee on placement of AEDs, and ensuring proper med- provide for the placement of AEDs in federal Commerce. It is also supported by the Amer- ical oversight and proper maintenance of the buildings. The bill also establishes protections ican Red Cross, the American Heart Associa- device. Furthermore, this bill seeks to fill in from civil liability arising from the emergency tion, and the Administration. this gaps with respect to States that have not use of the devices. Mr. Speaker, testimony before the Com- acted on AED legislation by extending good During committee consideration of the bill, it mittee showed that returning the heart to its samaritan liability protection to people involved was amended to give the Secretary of Health normal rhythm quickly is the single most im- in the use of the AED. and Human Services greater flexibility to up- portant thing needed to improve the chance of I commend Representative CLIFF STEARNS date the guidelines over time and greater survival from cardiac arrest. In Las Vegas, for introducing this life-saving piece of legisla- guidance as to what types of assistance and where automated electronic defibrillators have tion. And I urge all my colleagues to vote in involvement Congress intends. The amend- been placed in casinos and casino employees support of the Cardiac Arrest Survival Act, ments also clarified the liability provisions and have been trained in their use, the out-of-hos- which could save up to 50,000 lives each year incorporated standards for AED use and train- pital survival rate from cardiac arrest has in- by increasing access to Automated External ing. creased dramatically. Prior to the widespread Defibrillators. The bill before us enjoys the strong support deployment of these devices, the cardiac ar- I also want to take the opportunity to recog- of the American Red Cross and the American rest survival rate in Las Vegas was only 10 nize a very special group of high school stu- Heart Association, as well as many Members percent; it is now 57 percent. dents from my district who have been working on both sides of the aisle. It is rare that a so- Defibrillation clearly saves lives. The pur- feverishly in support of H.R. 2498. The 341 lution to a problem so readily presents itself. pose of H.R. 2498, therefore, is to encourage members of the Distributive Education Clubs We must seize this opportunity to reduce the Federal agencies to install automated external of America (DECA) Chapter at Robinson Sec- number of lives tragically lost to cardiac arrest. defibrillators in their buildings and to give so- ondary School launched a dual campaign last I urge all Members to join me today in sup- called ``Good Samaritan'' protections from li- fall to not only work towards the successful porting this important legislation. ability for people who use or acquire these de- passage of H.R. 2498, but to also educate the Mr. STEARNS. Mr. Speaker, I have vices. The bill's liability protections do not public about the benefits of AEDs. no further requests for time, and I apply if the harm was caused by a person's Robinson's DECA Chapter recognized that yield back the balance of my time. conscious, flagrant indifference to the rights or a group of potential sudden cardiac arrest vic- The SPEAKER pro tempore (Mr. CAL- tims have been ignored by the public: teen- safety of the victim. Nor does it apply if it is VERT). The question is on the motion agers. These energetic members sought to being used by a doctor or nurse or other li- offered by the gentleman from Florida rectify this situation by initiating a public rela- censed professional in their scope of employ- (Mr. STEARNS) that the House suspend tions campaign to raise general awareness ment, or if it is being used by a hospital or the rules and pass the bill, H.R. 2498, as about the benefits of AEDs and to outfit high other health care entity. Certain other limited amended. schools with these valuable devices. In a exceptions apply. The question was taken. school as large as Robinson Secondary As reported by the Committee on Com- Mr. STEARNS. Mr. Speaker, on that School, with 5,000 teachers, students, admin- merce, H.R. 2498 is consistent with legislation I demand the yeas and nays. istrators, and community members, the need which passed the Senate by unanimous con- The yeas and nays were ordered. for an AED is particularly evident. In order to The SPEAKER pro tempore. Pursu- sent last year. I might add that the Department acquire the first student-purchased AED in the ant to clause 8 of rule XX and the of Justice, in a letter to Chairman BLILEY dated country, Robinson DECA held the Heart Start Chair’s prior announcement, further May 8, 2000, stated that it, too, supports this Shopping Night and raised the needed $3,500. proceedings on this motion will be legislation with the changes adopted by the In working with the American Heart Associa- postponed. Committee on Commerce in the reported bill tion and a professional adult advisor com- f before us today. mittee, Robinson DECA also realized that not Mr. Speaker, I urge my colleagues to vote every state currently has legislation to provide HARRY S TRUMAN FEDERAL for this legislation. Good Samaritan protection for operators of the BUILDING Mr. DAVIS of Virginia. Mr. Speaker, I rise AED. This motivated DECA to work in support Mr. SHUSTER. Mr. Speaker, I move today in support of H.R. 2498, the Cardiac Ar- of the passage of H.R. 2495, the Cardiac Sur- to suspend the rules and pass the bill rest Survival Act. This critical piece of legisla- vival Act. Their lobbying efforts included devel- (H.R. 3639) to designate the Federal tion would improve survival rates for victims of oping a slogan and logo, researching H.R. building located at 2201 C Street, cardiac arrest by expanding access to cardiac 2495 in order to write a research paper, per- Northwest, in the District of Columbia, defibrillators in federal buildings. sonally lobbying all 435 House of Representa- currently headquarters for the Depart- Everyday 1,000 Americans suffer from sud- tive members and staff, staging a rally on the ment of State, as the ‘‘Harry S Truman den cardiac arrest, usually outside of a hos- steps of the United States Capitol, holding a Federal Building’’, as amended. pital setting. Unfortunately, more than 95 per- press conference, and designating and oper- The Clerk read as follows: cent of these victims die because life-saving ating an internet home page. H.R. 3639 equipment is not readily available or arrives Mr. Speaker, I applaud Robinson DECA's Be it enacted by the Senate and House of Rep- too late. When a defibrillator is used to deliver enthusiasm and dedication in helping others resentatives of the United States of America in a shock to a heart with an abnormal rhythm, understand the great need for AEDs. And I Congress assembled, survival rates for cardiac arrest sufferers in- share their pride today in seeing this vital bill SECTION 1. DESIGNATION. creases to as much as 20±30 percent. Every coming to a vote on the House floor. The Federal building located at 2201 C minute of delay in access to defibrillators Mr. BILIRAKIS. Mr. Speaker, I rise in sup- Street, Northwest, in the District of Colum- leads to a ten percent decrease in life expect- port of H.R. 2498, the Cardiac Arrest Survival bia, currently headquarters for the Depart- ancy. Therefore, it is vital that Automated Ex- Act of 2000. This bipartisan bill was authorized ment of State, shall be known and des- ignated as the ‘‘Harry S Truman Federal ternal Defibrillators (AEDs) be made available by my Florida colleague, Congressman CLIFF for use in public areas and the public should Building’’. STEARNS. It was unanimously approved by the SEC. 2. REFERENCES. be educated on how to operate this user- Health and Environment Subcommittee on Any reference in a law, map, regulation, friendly life saving equipment. May 9, and it was reported favorably by the document, paper, or other record of the H.R. 2498 directs the Secretary of Health Commerce Committee on May 17. United States to the Federal building re- and Human Services to develop recommenda- Mr. Speaker, a quarter million Americans ferred to in section 1 shall be deemed to be tions for public access to defibrillation pro- die each year due to cardiac arrest. Many of a reference to the ‘‘Harry S Truman Federal grams in Federal buildings in order to improve these victims could be saved if portable med- Building’’. survival rates of people who suffer cardiac ar- ical devices called automated external The SPEAKER pro tempore. Pursu- rest in Federal facilities. Federal buildings defibrillators or ``AEDs'' were used. AEDs can ant to the rule, the gentleman from throughout America will be encouraged to analyze heart rhythms for abnormalities, and if Pennsylvania (Mr. SHUSTER) and the serve as examples of rapid response to car- warranted, deliver a life-saving shock to the gentleman from Minnesota (Mr. OBER- diac arrest emergencies through the imple- heart. Experts estimate that 20,000 to 100,000 STAR) each will control 20 minutes. mentation of public access to defibrillation pro- lives could be saved annually by greater ac- The Chair recognizes the gentleman grams. The programs will include training cess to AEDs. from Pennsylvania (Mr. SHUSTER).

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.080 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3589 Mr. SHUSTER. Mr. Speaker, I yield sionary and great American, and I am When 1948 came along and he was myself such time as I may consume, very pleased to be able to bring this running for election as President, he and I am very pleased to move this legislation to the floor today. had taken some very strong positions. measure directly to the floor today to Mr. Speaker, I reserve the balance of And, as we all know, he had asked for honor a truly great American. my time. a fair employment practice commis- Harry Truman was an improbable Mr. OBERSTAR. Mr. Speaker, I yield sion and asked for a permanent com- president, who never sought this high myself such time as I may consume. mission on civil rights and was told, if office, but who rose to the occasion I want to express at the outset my he did that, if he persisted with his when asked by circumstance beyond great appreciation to the chairman for plan, some Southerners would walk his control. moving so expeditiously on this mat- out. And ‘‘I said,’’ Mr. Truman com- If anyone has any doubt whatsoever ter. The naming of the building has mented, ‘‘if that happened, it would be about him being a great president, I been requested by a number of our col- a pity. But I had no intention of run- would suggest that they read David leagues and, in particular, by the Sec- ning on a watered-down platform that McCullough’s biography, Truman, retary of State, Madeleine Albright, said one thing and meant another; and which is an extraordinary biography, who has been a vigorous advocate for the platform I did run on and was and which makes it very, very clear naming the State Department building elected on went straight down the line that this American rose from very after one of our truly great heroes in on civil rights. People said I ought to humble beginnings to make some of American history. pussyfoot around, that I shouldn’t say the most significant decisions of the On April 12, 1945, most of us can re- anything that would lose the Wallace 20th Century. member, those who remember back vote and nothing that would lose the He grew up in Missouri in a farm that far, what we were doing on that Southern vote. But I didn’t pay any at- family, was a farmer himself for many particular day. I know exactly where I tention to that. I said what I thought years. During World War I, he became was sitting in my little hometown of had to be said. You can’t divide the an artillery officer and served at the Chisholm. Vice President Harry Tru- country up into sections and have one front for over 6 months. Indeed, in Mr. man was just off the House floor, one rule for one section and one rule for an- McCullough’s wonderful book he de- floor below, in what was known as the other. And you can’t encourage peo- scribes how Harry Truman was having Board of Education Room, sharing a ple’s prejudices. You have to appeal to difficulty passing the eye test and so moment with Speaker Sam Rayburn. people’s best instincts, not their worst Word came from the White House he memorized the eye chart so he could ones. You may win an election or so by Press Secretary, Steve Early, to get serve his country. doing the other, but it does a lot of over to the White House immediately. During the 1920’s, and until his elec- harm to the country.’’ Truman saw the urgency of that mes- tion to the United States Senate, he That is Harry Truman, plain speak- sage, left, and there at the White House was a county judge, the equivalent of ing, plain and simple, one of America’s he learned from First Lady Eleanor what in many of our States we call great heroes. Roosevelt of the President’s unex- county commissioners. He championed Mr. Speaker, I reserve the balance of pected and untimely death. a road construction program in his my time. After a few silent moments, he asked Mr. SHUSTER. Mr. Speaker, I am county and, indeed, later, when he was Eleanor Roosevelt if there was any- pleased to yield 5 minutes to the dis- elected Senator, he helped draft the thing he could do for her. tinguished gentleman from Missouri Transportation Act of 1940 as well as b 1515 (Mr. BLUNT). the Aeronautics Act of 1938. Mr. BLUNT. Mr. Speaker, I thank During the time he presided as presi- Shaking her head, she said, ‘‘Is there the chairman for yielding me the time dent, he indeed presided over the fall of anything we can do for you? You are and for bringing this bill to the floor. Germany, the ultimate surrender of the one in trouble now.’’ Well, that un- Mr. Speaker, I was pleased to join the Japan, and he made the historic deci- derscored or maybe in a very quiet way gentleman from Missouri (Mr. SKEL- sion to drop the bomb on Hiroshima stated what a lot of people believed TON) to introduce the bill to name the and Nagasaki, which many say saved that maybe Harry Truman was not Headquarters Building of the U.S. as many as a million American lives. ready to be President. State Department for our Nation’s 33rd While the world was recovering from There is a companion story that President and Missouri’s favorite son, the war, he urged the creation of the when Truman was elected and took his Harry S Truman. United Nations and set forth the Tru- seat in the United States Senate, he The ‘‘Man From Independence’’ was a man doctrine, a policy that supports said to friends, I looked around and I man from middle America, a man like free people who resist communism. And saw names like Carter Glass, Robinson, millions of others at the beginning of Greece is free today probably because Patman, this Patman in the House, the 20th century. He reflected Amer- of his decision. others, and he said, what am I doing ica’s farms and small towns. He under- During his first administration, he here? And after about 6 months on the stood poverty and hard work. He val- presided over the massive Berlin air- floor of the United States Senate, he ued education and read book after book lift. And I saw on a TV show just in the looked around and he said, what are from the Independence Public Library. past few weeks where his whole cabinet they doing here? That was Harry Tru- He later would observe that there was was virtually unanimously opposed to man. not much left in human nature that continuing the Berlin airlift, but he There was one subject that Harry one could not find in Plutarch’s Lives made this decision by himself and over- Truman’s lifetime biographer Merle in a community where not lots of peo- ruled his cabinet so that we could keep Miller wrote in Plain Speaking, one ple had read Plutarch’s Lives. that city free. subject on which Mr. Truman was not He valued his parents. His love for He approved the Marshall Plan to re- going to have second thoughts: it was his wife Bess and their daughter Mar- build Europe, urged the recognition of the bomb. garet was unquestioned. His family was Israel, promoted the four-point pro- The bomb had ended the war. ‘‘If we most important to him. gram for foreign aid, and authorized had had to invade Japan, half a million He was a man who understood cour- our entry into the Korean conflict. soldiers on both sides would have been age, not as a philosophical abstraction, He has earned the praise of both Re- killed and a million more would have but by facing, along with those he com- publicans and Democrats. And it seems been maimed for life. It was simple as manded, artillery fire at night, in the as each year goes by, as historians that. That was all there was to it. And mud, in the rain in France during measure this American, he rises in the Mr. Truman had never lost any sleep World War I. judgment and in the eyes not only of over that decision.’’ Truman was a farmer and a small historians but of the American people. Well, yes. And since Mr. Truman had businessman who struggled to make a There is no monument to this great made the decision to drop the bomb all living on the farm and from a retail president and designating the State by himself, no one else was around store. Then this farmer, small busi- Department headquarters in Wash- when he made up his mind. And that nessman, volunteer soldier helped cre- ington is most fitting for this true vi- also characterized Harry Truman. ate a vision for America’s place in the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.117 pfrm06 PsN: H23PT1 H3590 CONGRESSIONAL RECORD — HOUSE May 23, 2000 world that was far different from that souri (Mr. SKELTON), who is the prin- President Truman spoke eloquently to imagined by those who had gone before cipal advocate and relentless advocate the American people about the lessons him and shaped American foreign pol- for this legislation. of history and the responsibilities of icy for decades. Mr. SKELTON. Mr. Speaker, I am leadership. If there is one word that describes pleased that H.R. 3639 has come before In 1947, Truman said, ‘‘We have this native of Lamar, Missouri, it was the House. This bill, which I introduced learned by the costly lessons of two ‘‘courage.’’ Physical courage allows along with my fellow Missourian (Mr. world wars that what happens beyond one to rally his troops late at night in BLUNT), would name the State Depart- our shores determines how we live our the face of open fire the way he did in ment Headquarters Building in honor own lives. We have learned that, if we the forests of France. He proved he had of our 33rd President, Harry S. Tru- want to live in freedom and security, that kind of courage. But Truman also man. we must work with all the world for had the courage of his convictions. I especially thank the gentleman freedom and security.’’ It was his courage of convictions that from Pennsylvania (Mr. SHUSTER) and America is truly grateful that the catapulted him to the ranks today of the gentleman from Minnesota (Mr. right leader was in the right place one of the greatest Presidents of our OBERSTAR) for bringing this bill to the when President Franklin Roosevelt’s history. He willingly rejected conven- floor. extraordinary life ended. Associating tional wisdom at the end of World War I came to personally know President Harry S. Truman’s name with the II and led the free world to provide for Truman through my father, Ike Skel- United States Department of State is a the effective rebuilding of Japan and ton, Sr., who developed a friendship fitting tribute to him. He contributed Germany rather than trying to crush with him some 71 years ago at the dedi- so much to the American people and to their national identities. cation of the Pioneer Mother Statue, the citizens of the world. I am proud to Truman knew the sacrifices and her- the Madonna of the Trail, located in say he will always be Missouri’s favor- oism of African American soldiers, my hometown of Lexington, Missouri. ite son. sailors, and airmen. His convictions Through the years, I developed my own Mr. SHUSTER. Mr. Speaker, I re- said that these men and women were friendship with this genuinely nice per- serve the balance of my time. not being treated properly. His courage son we call the ‘‘Man From Independ- Mr. OBERSTAR. Mr. Speaker, I yield allowed him to cast aside decades of ence.’’ 2 minutes to the gentlewoman from prejudice to order that the U.S. Armed President Truman was a man of Missouri (Ms. MCCARTHY). Forces would be no longer segregated, strong personal character who held (Ms. MCCARTHY of Missouri asked a decision he made more than 20 years deep regard for his country and for the and was given permission to revise and before the Civil Rights Act passed this American people. He was a man of extend her remarks.) House. great devotion to his wife and life-long Ms. MCCARTHY of Missouri. Mr. The ‘‘Man From Independence’’ was sweetheart Bess and to his daughter Speaker, I am honored to rise today in known for being a leader to defend the Margaret Truman Daniel. He was po- support of this measure. I join my col- Constitution. His courage allowed him litically courageous, and during the leagues in saluting Missouri’s favorite to stand toe to toe with General Doug- critical years that ended and followed son and one of this Nation’s most pop- las MacArthur and ensure that con- World War II, Harry Truman was faced ular Presidents, Harry Truman. stitutional separation of civilian and with many difficult and often politi- I have a deep personal interest in the military power was upheld. life and legacy of President Truman be- Even in this age when it has become cally unpopular decisions. However, he cause I represent Independence, Mis- fashionable to denounce the decisions faced these obstacles head on and es- souri, where Truman launched his ca- of past leaders, I believe it was the tablished a foreign policy that guided reer in public service as Jackson Coun- courage of Truman’s convictions that the United States of America through allowed him to make one of the most the duration of the cold war. ty presiding judge. His famed presi- far-reaching decisions of the 20th cen- Most importantly, Truman guided dential library and his childhood home tury, which the gentleman from Min- the United States away from our estab- and farm are located in my congres- lished pattern of peacetime isola- sional district. nesota (Mr. OBERSTAR) has already mentioned, and bring an end to World tionism in order to assist European Harry Truman distinguished himself War II. economic recovery and security. as a plain spoken leader who cared As America enters the new century During his presidency, Truman about people. He has been a model to as the undisputed leader of the world, launched the Marshall Plan and estab- me in my service to the people of Mis- our foreign policy must be driven by lished the North Atlantic Treaty Orga- souri. our convictions about peace, about jus- nization under which Western Europe I have a replica of the message that tice, about freedom. But conviction remains protected to this day. President Truman had on his presi- alone is never enough. President Harry President Truman also displayed sig- dential desk, which reads, ‘‘The buck Truman had convictions, but he also nificant courage in standing up to the stops here.’’ It is a constant reminder had the courage to put those convic- communist aggression that marked the of his goal to maintain common sense tions into practice, even when others beginning of the cold war. The Truman and service to the people and helped doubted and criticized him. Doctrine made it clear that the United him to prevail during the many dif- Commemorating the memory of this States would not stand idly by in the ficult global situations he faced during great President by naming the head- face of communist aggression. Tru- his presidency. quarters of the State Department can man’s commitment to the democratic In his inaugural address, he outlined send an important signal to the rest of rights of free people was also made an unprecedented foreign policy agen- the community of nations. First, clear as the U.S. provided essential da. Last year, I was able to join in wit- America is built on a strong bedrock of supplies to the people of Berlin during nessing the expansion of the Truman convictions which come from all its the Soviet blockage and when Truman foreign policy legacy at the Truman citizens, not just from those born rich made the agonizing decision to use Presidential Library. We commemo- and powerful. Second, we do have the American troops to lead the United Na- rated the 50th anniversary of NATO, courage to put those convictions into tions resistance to the communist in- which he created. And in the spirit of practice; and both our determination vasion of South Korea. These actions Harry Truman, NATO was expanded to and our courage need to be understood earned the praise of British Prime Min- include representation from the Czech by the nations of the world. ister Winston Churchill, who said to Republic, Hungary, and Poland. Naming the headquarters of the Truman, ‘‘You, more than any other The naming of the U.S. State Depart- State Department after my fellow Mis- man, have saved Western Civilization.’’ ment Building after President Truman sourian, Harry Truman, is another way Harry Truman understood well the is really one the most appropriate and to send that message to the world. I importance of America’s effective di- meaningful tributes this Congress can urge my colleagues to vote for this bill. plomacy as a complement to our strong make in his memory. May every indi- Mr. OBERSTAR. Mr. Speaker, I yield economy and military forces. Time and vidual who enters the State Depart- 31⁄2 minutes to the gentleman from Mis- time again during his presidency, ment Building be inspired by the many

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.119 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3591 national and foreign policy accom- memorated the 50th anniversary of meant so much to him and to the Na- plishments of Harry Truman. NATO in the spirit of Harry Truman, tion. Mr. Speaker, I urge my colleagues to NATO was expanded to include rep- b 1530 join me in supporting H.R. 3639, and I resentation from the Czech Republic, ask that we honor President Truman, Hungary, and Poland. This is a man who led us out of the this legendary leader, who has left such I am extremely proud to have sup- darkness of war and into the dawn of a tremendous great legacy to those of ported this legislation because I firmly peace. He leaves a legacy that those in us who continue to work so hard to believe that naming the U.S. State De- Missouri and indeed our entire Nation make possible the leadership and the partment building after President Tru- are very proud of. greatness that our country commands man is one of the most appropriate, Mr. OBERSTAR. Mr. Speaker, I yield today. meaningful tributes this Congress can 2 minutes to the gentleman from Ten- Mr. Speaker, I am honored to rise make in his memory. May every indi- nessee (Mr. CLEMENT). today in support of H.R. 3639, a bill to vidual who enters the State Depart- Mr. CLEMENT. Mr. Speaker, I want designate the U.S. State Department ment building be inspired by the many to congratulate the gentleman from building as the Harry S. Truman Fed- national and foreign policy accom- Missouri (Mr. SKELTON) as well as the eral Building. I join my colleagues in plishments of Harry Truman. gentleman from Missouri (Mr. BLUNT) saluting Missouri’s favorite son and Finally, I want to make part of the record a for introducing H.R. 3639, to name the one of this Nation’s most popular beautiful collection of words which the Presi- State Department headquarters build- Presidents, Harry Truman. dent carried in his wallet from the time he ing in honor of our 33rd President, Choosing to name the U.S. Depart- graduated from high school. According to the Harry S. Truman. I remember that ex- ment of State after President Truman Truman Library, the President attributed the pression that was shared just a while is a fitting tribute to the man who words to a poem by Alfred Lord Tennyson en- ago about the buck stops here, because helped end isolationism and establish titled ``Locksley Hall.'' The words are powerful he took full credit as well as at times this country’s dominant role in inter- and I hope my colleagues find the words as took the heat for what occurred during national relations. inspiring as I do. his watch. He offered a lot of what I I have a deep personal interest in the For I dipt into the future, far as human eye call political courage and will always life and legacy of President Truman be- could see, be remembered as one of the greatest cause I represent Independence, Mis- Saw the vision of the world, and all the won- Presidents in the history of this souri, where Harry Truman launched der that would be; country. Saw the heavens fill with commerce. Argo- I met President Truman in the 1950s his career in public service as Jackson sies of magic sails, County Presiding Judge. His famed Pilots of the purple twilight, dropping down when my father, Governor Frank G. Presidential Library and his home and with costly bales; Clement, was governor of Tennessee, farm are located in my Congressional Heard the heavens fill with shouting, and and he visited the governor’s residence District. there rain’d a ghastly dew in Tennessee. We had him for dinner as Harry Truman distinguished himself From the Nations’ airy navies grappling in well as he spent the night. I will never as a plain spoken leader who cared the central blue; forget the next morning. My father about people. He has been a model to Far along the world-wide whisper of the went to his room knowing that Presi- me in my service to the people of Mis- south-wind rushing warm, dent Truman had a habit of getting up With the standards of the peoples plunging souri. His honest, matter of fact ap- thro’ the thunderstorm; early in the morning. My father went proach to all issues is one all public Till the war-drum throbb’d no longer, and to the guest quarters at the governor’s servants can aspire to. In my congres- the battle-flags were furl’d residence, no Harry Truman, and could sional office I have a replica of the In the parliament of man, the federation of not find him. He went downstairs and message that President Truman had on the world, asked the security people, where is the his desk which reads ‘‘The Buck Stops There the common sense of most shall hold former President? Where is President Here.’’ It is a constant reminder of his a fretful realm in awe, Truman? None of the security people goal to maintain common sense in And the kindly earth shall slumber, lapt in had seen him. They found him walking universal law. service to the people and helped him to down Curtiswood Lane all by himself in prevail during the many difficult glob- Mr. Speaker, I urge my colleagues to join front of the governor’s residence. He al situations he faced during his Presi- me in supporting H.R. 3639 to name the U.S. would always be one of those kinds of dency. State Department building in honor of Presi- people to surprise people and do what President Truman’s career was high- dent Harry S. Truman, a legendary leader in he wanted to do because he was just lighted by many accomplishments: The matters of state whose lasting vision made that kind of person. I will say my fa- famous Truman Committee of the possible the international leadership and ther just about fired three or four secu- early 1940’s; victory in world war II; the greatness our country commands today. rity people right there on the spot, Mr. SHUSTER. Mr. Speaker, I re- recognition of the new state of Israel; having the former President here at serve the balance of my time. and most notably his vision for the fu- Mr. OBERSTAR. Mr. Speaker, I yield the governor’s residence; and we could ture of foreign policy. President Tru- not find where he was. 11⁄2 minutes to the gentlewoman from man demonstrated the compassion and He made a difference. He is respon- Missouri (Ms. DANNER). courage admired by the world through Ms. DANNER. Mr. Speaker, we are sible and launched the Marshall Plan. his strategic action in employing the here today to discuss the possibility of He helped end World War II, NATO, the Berlin Airlift and his commitment to honoring Harry S. Truman by naming a Truman Doctrine. He will always be re- ‘‘support free peoples who are resisting building after him. And indeed, he was membered as one of the greatest Presi- subjugation . . .’’ which became known a truly remarkable man. dents in the history of this country. as the Truman Doctrine. A prior speaker, former State senator God bless President Truman. Truman in his inaugural address out- now, the gentleman from Missouri (Mr. Mr. OBERSTAR. Mr. Speaker, I yield lined an unprecedented foreign policy SKELTON), quoted Churchill in saying 4 minutes to the gentleman from New agenda calling for the ongoing support that Truman had saved Western Civili- York (Mr. HINCHEY). of the United Nations, the continued zation. Well, he had done that. And yet Mr. HINCHEY. Mr. Speaker, I am support for the Marshall Plan, the cre- he was such a remarkable and humble very happy to say a few words in strong ation of a collective defense for the man that when the press asked former support of H.R. 3639, the legislation to North Atlantic Region—NATO (North President Truman at that time after he name the State Department building Atlantic Treaty Organization), and had returned to Independence, Mis- for President Harry S. Truman. It is a ‘‘Point IV—a bold new program’’ to souri, what was the first thing he did most appropriate tribute to our 33rd help the underprivileged peoples of the as the former President, he paused for President to engrave his name on the world. Last year I was able to join in just a moment and he said, ‘‘I carried building that houses our diplomatic witnessing the expansion of the Tru- the grips up to the attic.’’ corps. man foreign policy legacy at the Tru- That was Harry S. Truman. He never Harry Truman, as we all know, rose man Presidential Library. As we com- lost those small-town values that from humble beginnings to become the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.134 pfrm06 PsN: H23PT1 H3592 CONGRESSIONAL RECORD — HOUSE May 23, 2000 leader of our Nation during a time of not. I traveled altogether 31,700 miles, I be- In closing, I want to emphasize that great crisis. When Franklin Roosevelt lieve, and it was the last campaign in which getting this legislation here today was died 80 days into his fourth term, his that kind of approach was made. Now, of not an easy task but it was a very wor- Vice President had been ill-prepared to course, everything is television; and the can- thy task. It is the gentleman from Mis- take over. Not part of Roosevelt’s didates travel from one place to another by jet airplane. And I don’t like that.’’ souri (Mr. SKELTON) and the gentleman inner circle, Truman had to learn most from Missouri (Mr. BLUNT) who really of his foreign policy on the fly. The I think the American people do not deserve enormous credit for our being country was still at war in Europe and like it much, either. I think they would here today to honor this great Amer- the Pacific, the atomic bomb was being like a return to the plain speaking of ican. While it is true that Harry Tru- developed in secret, and Joseph Stalin Harry Truman and to the personal con- man was a plain speaking man, he cer- was backing away from the agreements tact that he made with people. If we tainly was not a plain thinking man. In reached at Yalta. could all live up to the very simple fact, he made some of the most lonely Barely within Truman’s first month ideals by which he lived his life, ran and historic decisions of our century. in office, Germany surrendered. While the White House, steered us through He also was a much more sophisti- confronting the need to rebuild Europe the end of World War II and into the cated man than many might think. He and control Stalinist governments in postwar period, we will all be a better was a classical pianist. He not only Yugoslavia and Poland, the new Presi- country. That is why we are taking the could play the Missouri Waltz, he could dent also had to wage war in the Pa- step of naming the Department of play Chopin and the other great clas- cific. When Japan refused uncondi- State building for a man who is truly a sical composers. He did that in the tional surrender, Truman had to decide statesman. White House as well as in other places. whether to keep fighting by conven- Mr. Speaker, I reserve the balance of Harry Truman was a quintessential tional means, which course he knew my time. American. This is so very deserving. I would cost hundreds of thousands of Mr. SHUSTER. Mr. Speaker, I am strongly urge the support for this legis- American and Japanese lives, or to use pleased to yield 3 minutes to the dis- lation. the atomic weapon. tinguished gentlewoman from Missouri Mr. GEPHARDT. Mr. Speaker, I rise in sup- After weighing the cost of prolonging (Mrs. EMERSON). port of H.R. 3639, which names the head- the war, he opted to drop a devastating Mrs. EMERSON. Mr. Speaker, I quarters of the Department of State after a bomb he did not even know existed 4 speak in support today of H.R. 3639, great American from my home state of Mis- months earlier. The aftermath of the designating the Harry S. Truman Fed- souri the 33rd President of the United States, war was a time of great political up- eral Building. I really want to com- Harry S Truman. And I commend my good heaval at home. Faced with a country mend the gentleman from Missouri friend and colleague IKE SKELTON for his lead- that was tired of the sacrifices of war, (Mr. SKELTON) who is a very dear, close ership in spearheading this important effort. Truman watched as Republicans won personal friend. He has worked tire- It is appropriate that we name the State De- majorities in both houses of Congress. lessly over the past few years in Con- partment's headquarters after Harry Truman, Given no chance to win reelection in gress to make sure that the only Mis- for he truly was a statesman of world stature. 1948, Harry Truman took his case to sourian ever elected to serve as Presi- He was a visionary who inspired generations the people. In his famous whistle-stop dent of the United States is duly recog- worldwide with his pursuit of peace through di- campaign, he traveled almost 22,000 nized for his great work to this coun- plomacy, and with his defense of free peoples. miles by train, stopping in small towns try. From his unwavering support of establishing and cities all across the country. In an I commend the gentleman for the the United Nations as the best hope for upset victory over New York Governor dedication and commitment he has peace, to the fateful decisions ending the Sec- Thomas Dewey, Truman was elected made. I want to thank him for that. I ond World War, to the heroic effort of the Ber- President in his own right. also want to say that I find it very fit- lin airlift, President Truman demonstrated time During this term in office, Harry ting that we are debating the naming Truman had his great foreign policy and again his greatness. of the headquarters of the State De- Yet at the same time, Harry Truman never successes, the Truman Doctrine to stop partment in honor of President Harry forgot his roots in Missouri, where he had the spread of totalitarianism in Eu- Truman. Many of President Truman’s learned the virtues of loyalty, hard work, per- rope, the Marshall Plan to rebuild Eu- greatest legacies center around foreign rope, and the Berlin Airlift to resupply severance and personal responsibility. He not policy, from winning the war to win- only talked about these Americans values, he West Berlin in the face of a Soviet ning the peace to helping negotiate blockade. These programs established lived them. His life story, the rise from farmer NATO and the creation of the National and haberdasher to judge to United States the willingness of the United States to Security Council, to the writing of the remain engaged in world affairs and Senator, to Vice President, and finally to Marshall Plan which assisted in the re- President of the United States, still inspires us not to retreat into isolationism as we building of Europe following World War had done after World War I. with the truth of the old adage that anyone II. Harry Truman was a great man who can grow up to be President. Through it all, Back in 1899, Congressman William was underappreciated in his time. His- Harry Truman showed us by example the tory has shown the wisdom of his vi- Duncan Vandiver, who was my prede- value he placed on family and friends through sion for America and for the world. Mr. cessor in Congress, defined what it the loyalty and honor he bestowed on those Speaker, I am proud to support this ef- meant to be from Missouri when he close to him, no matter how lofty his office be- fort to designate the State Department said, ‘‘I come from a State that raises came. building as Harry S. Truman Federal corn and cotton and cockleburs and Harry Truman's character and accomplish- Building and commend the sponsors of Democrats, and frothy eloquence nei- ments stand as benchmarks by which public this legislation. ther convinces nor satisfies me. I am servants are measured to this day. Honesty, Mr. OBERSTAR. Mr. Speaker, I yield from Missouri. You have got to show integrity and the courage to make the toughest myself such time as I may consume. me.’’ No one better exemplified this decisions were the hallmarks of his presi- I close with an observation about the sentiment than our own plain speaking dency. Whether facing foreign aggression in last campaign of President Truman Harry S. Truman. Let me again thank Korea, pushing for civil rights at home, or about which he reminisced in Plain the gentleman from Missouri (Mr. standing against the divisiveness of McCar- Speaking: SKELTON) and the gentleman from Min- thyism, Harry Truman was a leader who Another thing about that election, I won it nesota (Mr. OBERSTAR) and, of course, served as an example to the whole world of not because of any special oratorical effects the gentleman from Pennsylvania (Mr. the greatness of our democracy. He reached or because I had any help from what you SHUSTER) for working to ensure that across racial barriers, party lines, and inter- would call the Madison Avenue fellows but Missouri’s brightest son gets the honor national boundaries pursue the causes he be- by a statement of fact of what had happened that he so greatly deserves. lieved in. in the past would happen in the future if the Mr. OBERSTAR. Mr. Speaker, I yield fellow that was running against me was The immortal sign that sat on is desk ``The elected. back the balance of my time. Buck Stops Here'' says it all. On so many I made 352 speeches that were on the Mr. SHUSTER. Mr. Speaker, I yield hard decisions affecting the fates of so many record and about the same number that were myself such time as I may consume. people, the buck truly did stop with Harry S

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.123 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3593 Truman. He used the power of his office and ANNOUNCEMENT REGARDING DE- which further proceedings were post- the power of his character to lead the Amer- BATE ON H.R. 4444, AUTHORIZING poned earlier today in the order in ican people and the world into a new and un- EXTENSION OF NONDISCRIM- which that motion was entertained. certain future, the foundation of peace and INATORY TREATMENT (NORMAL Votes will be taken in the following prosperity that we enjoy today. And he charted TRADE RELATIONS TREATMENT) order: a course for America of active engagement TO PEOPLE’S REPUBLIC OF S. 1402, by the yeas and nays; with the world grounded in the values that CHINA House Concurrent Resolution 293, have made this nation great. (Mr. Dreier asked and was given per- de novo; I am truly proud to rise in support of this bill. mission to address the House for 1 H.R. 2498, by the yeas and nays; and Harry S Truman was a great American and a minute.) H.R. 3639, by the yeas and nays. great Missourian who made our country and Mr. DREIER. Mr. Speaker, in an ef- The Chair will reduce to 5 minutes the world better by his deeds and his exam- fort to maximize the amount of time the time for any electronic vote after ple. for the House to debate the important the first such vote in this series. Mrs. EMERSON. Mr. Speaker, I rise today issue of commercial relations with the f to speak in support of H.R. 3639, designating People’s Republic of China, I intend to VETERANS AND DEPENDENTS the Harry S. Truman Federal Building. I want propound a unanimous-consent request MILLENNIUM EDUCATION ACT to first commend Congressman IKE SKELTON, to begin debate on this issue this a close dear friend of mine. He has worked evening with 2 hours of debate equally The SPEAKER pro tempore. The tirelessly over the past few years in Congress divided between the bill’s proponents pending business is the question of sus- to ensure that the only Missourian ever elect- and opponents from both sides of the pending the rules and passing the Sen- ed to serve as President of the United States aisle. ate bill, S. 1402, as amended. is duly recognized for his great work to this Furthermore, the Committee on The Clerk read the title of the Senate country. Rules will meet later today to grant a bill. I find it fitting that we are debating the nam- rule on H.R. 4444 which will provide for The SPEAKER pro tempore. The ing of the headquarters of the State Depart- further consideration, debate, and a question is on the motion offered by ment in honor of President Truman. Many of vote on this very important issue. the gentleman from Arizona (Mr. President Truman's greatest legacies center f STUMP) that the House suspend the around foreign policy, from winning the war to rules and pass the Senate bill, S. 1402, winning the peace, to helping negotiate NATO MAKING IN ORDER AT ANY TIME as amended, on which the yeas and and the creation of the national security coun- CONSIDERATION OF H.R. 4444, AU- nays are ordered. cil to the writing of the Marshall Plan, which THORIZING EXTENSION OF NON- The vote was taken by electronic de- assisted in the rebuilding of Europe following DISCRIMINATORY TREATMENT vice, and there were—yeas 417, nays 0, World War II. (NORMAL TRADE RELATIONS not voting 17, as follows: TREATMENT) TO PEOPLE’S RE- In 1899, Congressman William Duncan [Roll No. 220] Vandiver, who was my predecessor in Con- PUBLIC OF CHINA YEAS—417 gress, defined what it meant to be from Mis- Mr. DREIER. Mr. Speaker, I ask souri, when he said, ``I come from a state that Abercrombie Campbell Dunn unanimous consent that it be in order Aderholt Canady Edwards raises corn and cotton and cockleburs and at any time for the Speaker as though Allen Cannon Ehlers Democrats, and frothy eloquence neither con- pursuant to clause 2(b) of rule XVIII to Andrews Capps Ehrlich vinces nor satisfies me. I am from Missouri. Archer Cardin Emerson declare the House resolved into the Armey Carson Engel You have got to show me.'' No one better ex- Committee of the Whole House on the Baca Castle English emplified this sentiment than our own plain state of the Union for consideration of Baird Chabot Eshoo speaking President Harry S. Truman. the bill (H.R. 4444) to authorize exten- Baker Chambliss Etheridge I want to thank Mr. SKELTON and Chairman Baldacci Chenoweth-Hage Evans sion of nondiscriminatory treatment Baldwin Clay Everett SHUSTER for working to ensure that Missouri's (normal trade relations treatment) to Ballenger Clayton Ewing brightest son gets the honor that he so greatly the People’s Republic of China; that Barcia Clement Farr Barr Clyburn Fattah deserves. the first reading of the bill be dis- Mr. SHUSTER. Mr. Speaker, I yield Barrett (NE) Coble Filner pensed with; that all points of order Barrett (WI) Coburn Fletcher back the balance of my time. against consideration of the bill be Bartlett Collins Foley The SPEAKER pro tempore (Mr. CAL- waived; that general debate proceed Barton Combest Ford VERT). The question is on the motion Bass Condit Fossella without intervening motion, be con- Bateman Conyers Fowler offered by the gentleman from Penn- fined to the bill, and be limited to 2 Becerra Cook Frank (MA) sylvania (Mr. SHUSTER) that the House hours equally divided among and con- Bentsen Cooksey Franks (NJ) Bereuter Costello Frelinghuysen suspend the rules and pass the bill, trolled by the chairman and ranking H.R. 3639, as amended. Berkley Cox Frost minority member of the Committee on Berman Coyne Gallegly The question was taken. Ways and Means, the gentleman from Berry Cramer Ganske Mr. SKELTON. Mr. Speaker, on that Biggert Crane Gejdenson California (Mr. Stark), and the gen- Bilbray Crowley Gekas I demand the yeas and nays. tleman from California (Mr. Rohr- The yeas and nays were ordered. Bilirakis Cummings Gephardt abacher) or their designees; that after Bishop Cunningham Gibbons The SPEAKER pro tempore. Pursu- general debate the Committee of the Blagojevich Danner Gilchrest ant to clause 8 of rule XX and the Bliley Davis (FL) Gillmor Whole rise without motion; and that no Chair’s prior announcement, further Blumenauer Davis (IL) Gilman further consideration of the bill be in Blunt Davis (VA) Gonzalez proceedings on this motion will be order except pursuant to a subsequent Boehlert Deal Goode postponed. Boehner DeFazio Goodlatte order of the House. f Bonilla DeGette Goodling The SPEAKER pro tempore. Is there Bonior Delahunt Gordon GENERAL LEAVE objection to the request of the gen- Bono DeLauro Goss tleman from California? Borski DeLay Graham Mr. SHUSTER. Mr. Speaker, I ask Boswell DeMint Granger unanimous consent that all Members There was no objection. Boucher Deutsch Green (TX) may have 5 legislative days within f Boyd Diaz-Balart Green (WI) Brady (PA) Dickey Greenwood which to revise and extend their re- b 1545 Brady (TX) Dicks Gutierrez marks and include extraneous material Brown (FL) Dingell Gutknecht on H.R. 3639, as amended, the measure ANNOUNCEMENT BY THE SPEAKER Bryant Dixon Hall (OH) PRO TEMPORE Burr Doggett Hall (TX) just considered by the House. Burton Dooley Hansen The SPEAKER pro tempore. Is there The SPEAKER pro tempore (Mr. CAL- Buyer Doolittle Hastings (FL) objection to the request of the gen- VERT). Pursuant to clause 8, rule XX, Callahan Doyle Hastings (WA) tleman from Pennsylvania? the Chair will now put the question on Calvert Dreier Hayes Camp Duncan Hayworth There was no objection. each motion to suspend the rules on

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.087 pfrm06 PsN: H23PT1 H3594 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Hefley McKeon Saxton the Senate bill, as amended, was Chenoweth-Hage Hill (IN) Moakley Herger McKinney Scarborough Clay Hill (MT) Mollohan Hill (IN) McNulty Schaffer passed. Clayton Hilleary Moore Hill (MT) Meehan Schakowsky The result of the vote was announced Clement Hinchey Moran (KS) Hilleary Meek (FL) Scott as above recorded. Clyburn Hinojosa Moran (VA) Hilliard Meeks (NY) Sensenbrenner The title of the Senate bill was Coble Hobson Morella Hinchey Menendez Serrano Coburn Hoeffel Murtha Hinojosa Metcalf Sessions amended so as to read: Collins Hoekstra Myrick Hobson Mica Shadegg Amend the title so as to read: ‘‘An Combest Holden Nadler Hoeffel Millender- Shaw Act to amend title 38, United States Condit Holt Napolitano Hoekstra McDonald Shays Conyers Hooley Neal Holden Miller (FL) Sherman Code, to increase amounts of edu- Cook Horn Nethercutt Holt Miller, Gary Sherwood cational assistance for veterans under Cooksey Hostettler Ney Hooley Miller, George Shimkus the Montgomery GI Bill and to en- Costello Houghton Northup Horn Minge Shows hance programs providing educational Cox Hoyer Norwood Hostettler Mink Shuster Coyne Hulshof Nussle Houghton Moakley Simpson benefits under that title, and for other Cramer Hunter Oberstar Hoyer Mollohan Sisisky purposes.’’. Crane Hutchinson Obey Hulshof Moore Skeen A motion to reconsider was laid on Crowley Hyde Olver Hunter Moran (KS) Skelton Cummings Inslee Ortiz Hutchinson Moran (VA) Slaughter the table. Cunningham Isakson Ose Hyde Morella Smith (MI) f Danner Istook Owens Inslee Murtha Smith (NJ) Davis (FL) Jackson (IL) Oxley Isakson Myrick Smith (TX) ANNOUNCEMENT BY THE SPEAKER Davis (IL) Jackson-Lee Packard Istook Nadler Smith (WA) Davis (VA) (TX) Pallone Jackson (IL) Napolitano Snyder PRO TEMPORE Deal Jefferson Pascrell Jackson-Lee Neal Souder The SPEAKER pro tempore (Mr. CAL- DeFazio Jenkins Pastor (TX) Nethercutt Spence DeGette John Paul Jefferson Ney Spratt VERT). Pursuant to clause 8, rule XX, Delahunt Johnson (CT) Payne Jenkins Northup Stabenow the Chair announces that he will re- DeLauro Johnson, E. B. Pelosi John Norwood Stark duce to a minimum of 5 minutes the DeLay Johnson, Sam Peterson (MN) Johnson (CT) Nussle Stearns period of time within which a vote by DeMint Jones (NC) Peterson (PA) Johnson, E. B. Oberstar Stenholm Deutsch Jones (OH) Petri Johnson, Sam Obey Strickland electronic device will be taken on each Diaz-Balart Kanjorski Phelps Jones (NC) Olver Stump motion to suspend the rules on which Dickey Kaptur Pickering Jones (OH) Ortiz Sununu the Chair has postponed further Dicks Kasich Pitts Kanjorski Ose Sweeney Dingell Kelly Pombo Kaptur Owens Talent proceedings. Dixon Kennedy Pomeroy Kasich Oxley Tancredo f Doggett Kildee Porter Kelly Packard Tanner Dooley Kilpatrick Portman Kennedy Pallone Tauscher URGING COMPLIANCE WITH HAGUE Doolittle Kind (WI) Price (NC) Kildee Pascrell Tauzin Doyle King (NY) Pryce (OH) Kilpatrick Pastor Taylor (MS) CONVENTION ON CIVIL ASPECTS Dreier Kingston Quinn Kind (WI) Paul Taylor (NC) OF INTERNATIONAL CHILD AB- Duncan Kleczka Radanovich King (NY) Payne Terry DUCTION Dunn Klink Rahall Kingston Pelosi Thomas Edwards Knollenberg Ramstad Kleczka Peterson (MN) Thompson (CA) The SPEAKER pro tempore. The Ehlers Kolbe Rangel Klink Peterson (PA) Thompson (MS) pending business is the question of sus- Ehrlich Kucinich Regula Knollenberg Petri Thornberry pending the rules and agreeing to the Emerson Kuykendall Reyes Kolbe Phelps Thune Engel LaFalce Reynolds Kucinich Pickering Thurman concurrent resolution, House Concur- English LaHood Riley Kuykendall Pitts Tiahrt rent Resolution 293, as amended. Eshoo Lampson Rivers LaFalce Pombo Tierney The Clerk read the title of the con- Etheridge Lantos Roemer LaHood Pomeroy Toomey Evans Largent Rogan Lampson Porter Towns current resolution. Everett Latham Rogers Lantos Portman Traficant The SPEAKER pro tempore. The Ewing LaTourette Rohrabacher Largent Price (NC) Turner question is on the motion offered by Farr Lazio Ros-Lehtinen Latham Pryce (OH) Udall (CO) the gentleman from New York (Mr. Fattah Leach Rothman LaTourette Quinn Udall (NM) Filner Lee Roukema Lazio Radanovich Upton GILMAN) that the House suspend the Fletcher Levin Roybal-Allard Leach Rahall Velazquez rules and agree to the concurrent reso- Foley Lewis (CA) Royce Lee Ramstad Vento lution, H.Con.Res. 293, as amended. Ford Lewis (GA) Rush Levin Rangel Visclosky Fossella Lewis (KY) Ryan (WI) Lewis (CA) Regula Vitter The question was taken. Fowler Linder Ryun (KS) Lewis (GA) Reyes Walden RECORDED VOTE Frank (MA) Lipinski Sabo Lewis (KY) Reynolds Walsh Mr. OSE. Mr. Speaker, I demand a re- Franks (NJ) LoBiondo Salmon Linder Riley Wamp Frelinghuysen Lofgren Sanchez Lipinski Rivers Waters corded vote. Frost Lowey Sanders LoBiondo Roemer Watkins A recorded vote was ordered. Gallegly Lucas (KY) Sandlin Lofgren Rogan Watt (NC) The SPEAKER pro tempore. This is a Ganske Lucas (OK) Sanford Lowey Rogers Watts (OK) Gejdenson Luther Sawyer Lucas (KY) Rohrabacher Weldon (FL) 5-minute vote. Gekas Maloney (CT) Saxton Lucas (OK) Ros-Lehtinen Weldon (PA) The vote was taken by electronic de- Gephardt Maloney (NY) Scarborough Luther Rothman Weller vice, and there were—ayes 416, noes 0, Gibbons Manzullo Schaffer Maloney (CT) Roukema Wexler not voting 18, as follows: Gilchrest Markey Schakowsky Maloney (NY) Roybal-Allard Weygand Gillmor Mascara Scott Manzullo Royce Whitfield [Roll No. 221] Gilman Matsui Sensenbrenner Markey Rush Wicker AYES—416 Gonzalez McCarthy (MO) Serrano Mascara Ryan (WI) Wilson Goode McCrery Sessions Matsui Ryun (KS) Wise Abercrombie Becerra Boucher Goodlatte McDermott Shadegg McCarthy (MO) Sabo Wolf Aderholt Bentsen Boyd Goodling McGovern Shaw McCrery Salmon Woolsey Allen Bereuter Brady (PA) Gordon McInnis Shays McDermott Sanchez Wu Andrews Berkley Brady (TX) Goss McIntyre Sherman McGovern Sanders Wynn Archer Berman Brown (FL) Graham McKeon Sherwood McHugh Sandlin Young (AK) Armey Berry Bryant Granger McKinney Shimkus McInnis Sanford Young (FL) Baca Biggert Burr Green (TX) McNulty Shows McIntyre Sawyer Bachus Bilbray Burton Green (WI) Meehan Shuster Baird Bilirakis Buyer Greenwood Meek (FL) Simpson NOT VOTING—17 Baker Bishop Callahan Gutierrez Meeks (NY) Sisisky Ackerman Larson Pickett Baldacci Blagojevich Calvert Gutknecht Menendez Skeen Bachus Martinez Rodriguez Baldwin Bliley Camp Hall (OH) Metcalf Skelton Brown (OH) McCarthy (NY) Stupak Ballenger Blumenauer Campbell Hall (TX) Mica Slaughter Capuano McCollum Waxman Barcia Blunt Canady Hansen Millender- Smith (MI) Cubin McIntosh Weiner Barr Boehlert Cannon Hastings (FL) McDonald Smith (NJ) Forbes Pease Barrett (NE) Boehner Capps Hastings (WA) Miller (FL) Smith (TX) Barrett (WI) Bonilla Cardin Hayes Miller, Gary Smith (WA) b 1605 Bartlett Bonior Carson Hayworth Miller, George Snyder Barton Bono Castle So (two-thirds having voted in favor Hefley Minge Souder Bass Borski Chabot Herger Mink Spence thereof) the rules were suspended, and Bateman Boswell Chambliss

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.083 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3595 Spratt Thornberry Watkins Condit Holt Nadler Tancredo Towns Watts (OK) Stabenow Thune Watt (NC) Conyers Hooley Napolitano Tanner Traficant Weldon (FL) Stark Thurman Watts (OK) Cook Horn Neal Tauscher Turner Weldon (PA) Stearns Tiahrt Weldon (FL) Cooksey Hostettler Nethercutt Tauzin Udall (CO) Weller Stenholm Tierney Weldon (PA) Costello Houghton Ney Taylor (MS) Udall (NM) Wexler Strickland Toomey Weller Cox Hoyer Northup Taylor (NC) Upton Weygand Stump Towns Wexler Coyne Hulshof Norwood Terry Velazquez Whitfield Sununu Traficant Weygand Cramer Hunter Nussle Thomas Vento Wicker Sweeney Turner Whitfield Crane Hutchinson Oberstar Thompson (CA) Visclosky Wilson Talent Udall (CO) Wicker Crowley Hyde Obey Thompson (MS) Vitter Wise Tancredo Udall (NM) Wilson Cummings Inslee Olver Thornberry Walden Wolf Tanner Upton Wise Cunningham Isakson Ortiz Thune Walsh Woolsey Tauscher Velazquez Wolf Danner Istook Ose Thurman Wamp Wu Tauzin Vento Woolsey Davis (FL) Jackson (IL) Owens Tiahrt Waters Wynn Taylor (MS) Visclosky Wu Davis (IL) Jackson-Lee Oxley Tierney Watkins Young (AK) Taylor (NC) Vitter Wynn Davis (VA) (TX) Packard Toomey Watt (NC) Young (FL) Terry Walden Young (AK) Deal Jefferson Pallone NAYS—2 Thomas Walsh Young (FL) DeFazio Jenkins Pascrell Thompson (CA) Wamp DeGette John Pastor Paul Sanford Thompson (MS) Waters Delahunt Johnson (CT) Payne NOT VOTING—17 NOT VOTING—18 DeLauro Johnson, E. B. Pelosi DeLay Johnson, Sam Peterson (MN) Ackerman Larson Rodriguez Ackerman Larson Pease DeMint Jones (NC) Peterson (PA) Brown (OH) Martinez Royce Brown (OH) Martinez Pickett Deutsch Jones (OH) Petri Capuano McCarthy (NY) Stupak Capuano McCarthy (NY) Rodriguez Diaz-Balart Kanjorski Phelps Cubin McCollum Waxman Cubin McCollum Stupak Dickey Kaptur Pickering Forbes McIntosh Weiner Forbes McHugh Waxman Dicks Kasich Pickett Hilliard Pease Hilliard McIntosh Weiner Dingell Kelly Pitts Dixon Kennedy Pombo b 1623 b 1615 Doggett Kildee Pomeroy Dooley Kilpatrick Porter So (two-thirds having voted in favor So (two-thirds having voted in favor Doolittle Kind (WI) Portman thereof) the rules were suspended and thereof) the rules were suspended and Doyle King (NY) Price (NC) the bill, as amended, was passed. the concurrent resolution, as amended, Dreier Kingston Pryce (OH) The result of the vote was announced was agreed to. Duncan Kleczka Quinn Dunn Klink Radanovich as above recorded. The result of the vote was announced Edwards Knollenberg Rahall A motion to reconsider was laid on as above recorded. Ehlers Kolbe Ramstad the table. A motion to reconsider was laid on Ehrlich Kucinich Rangel f the table. Emerson Kuykendall Regula Engel LaFalce Reyes Stated for: English LaHood Reynolds HARRY S TRUMAN FEDERAL Mr. MCHUGH. Mr. Speaker, on rollcall No. Eshoo Lampson Riley BUILDING Etheridge Lantos Rivers 221, I was inadvertently detained. Had I been The SPEAKER pro tempore. The present, I would have voted ``aye.'' Evans Largent Roemer Everett Latham Rogan pending business is the question of sus- f Ewing LaTourette Rogers pending the rules and passing the bill, Farr Lazio Rohrabacher H.R. 3639, as amended. CARDIAC ARREST SURVIVAL ACT Fattah Leach Ros-Lehtinen Filner Lee Rothman The Clerk read the title of the bill. OF 2000 Fletcher Levin Roukema The SPEAKER pro tempore. The The SPEAKER pro tempore. The Foley Lewis (CA) Roybal-Allard question is on the motion offered by Ford Lewis (GA) Rush pending business is the question of sus- Fossella Lewis (KY) Ryan (WI) the gentleman from Pennsylvania (Mr. pending the rules and pass the bill, Fowler Linder Ryun (KS) SHUSTER) that the House suspend the H.R. 2498, as amended. Frank (MA) Lipinski Sabo rules and pass the bill, H.R. 3639, as Franks (NJ) LoBiondo Salmon The Clerk read the title of the bill. Frelinghuysen Lofgren Sanchez amended, on which the yeas and nays The SPEAKER pro tempore. The Frost Lowey Sanders are ordered. question is on the motion offered by Gallegly Lucas (KY) Sandlin This will be a 5-minute vote. the gentleman from Florida (Mr. Ganske Lucas (OK) Sawyer The vote was taken by electronic de- Gejdenson Luther Saxton STEARNS) that the House suspend the Gekas Maloney (CT) Scarborough vice, and there were—yeas 413, nays 0, rules and pass the bill, H.R. 2498, as Gephardt Maloney (NY) Schaffer not voting 21, as follows: amended, on which the yeas and nays Gibbons Manzullo Schakowsky [Roll No. 223] Gilchrest Markey Scott are ordered. Gillmor Mascara Sensenbrenner YEAS—413 This is a 5-minute vote. Gilman Matsui Serrano Abercrombie Blagojevich Chambliss The vote was taken by electronic de- Gonzalez McCarthy (MO) Sessions Aderholt Bliley Clay vice, and there were—yeas 415, nays 2, Goode McCrery Shadegg Allen Blumenauer Clayton Goodlatte McDermott Shaw not voting 17, as follows: Andrews Blunt Clement Goodling McGovern Shays Archer Boehlert Clyburn [Roll No. 222] Gordon McHugh Sherman Armey Boehner Coble Goss McInnis Sherwood YEAS—415 Baca Bonilla Coburn Graham McIntyre Shimkus Bachus Bonior Collins Abercrombie Berkley Burr Granger McKeon Shows Baird Bono Combest Aderholt Berman Burton Green (TX) McKinney Shuster Baker Borski Condit Allen Berry Buyer Green (WI) McNulty Simpson Baldacci Boswell Conyers Andrews Biggert Callahan Greenwood Meehan Sisisky Baldwin Boucher Cook Archer Bilbray Calvert Gutierrez Meek (FL) Skeen Ballenger Boyd Cooksey Armey Bilirakis Camp Gutknecht Meeks (NY) Skelton Barcia Brady (PA) Costello Baca Bishop Campbell Hall (OH) Menendez Slaughter Barr Brady (TX) Cox Bachus Blagojevich Canady Hall (TX) Metcalf Smith (MI) Barrett (NE) Brown (FL) Coyne Baird Bliley Cannon Hansen Mica Smith (NJ) Barrett (WI) Bryant Cramer Baker Blumenauer Capps Hastings (FL) Millender- Smith (TX) Bartlett Burr Crane Baldacci Blunt Cardin Hastings (WA) McDonald Smith (WA) Barton Burton Crowley Baldwin Boehlert Carson Hayes Miller (FL) Snyder Bass Buyer Cummings Ballenger Boehner Castle Hayworth Miller, Gary Souder Bateman Callahan Cunningham Barcia Bonilla Chabot Hefley Miller, George Spence Becerra Calvert Danner Barr Bonior Chambliss Herger Minge Spratt Bentsen Camp Davis (IL) Barrett (NE) Bono Chenoweth-Hage Hill (IN) Mink Stabenow Bereuter Campbell Davis (VA) Barrett (WI) Borski Clay Hill (MT) Moakley Stark Berkley Canady Deal Bartlett Boswell Clayton Hilleary Mollohan Stearns Berman Cannon DeFazio Barton Boucher Clement Hinchey Moore Stenholm Berry Capps DeGette Bass Boyd Clyburn Hinojosa Moran (KS) Strickland Biggert Cardin Delahunt Bateman Brady (PA) Coble Hobson Moran (VA) Stump Bilbray Carson DeLauro Becerra Brady (TX) Coburn Hoeffel Morella Sununu Bilirakis Castle DeLay Bentsen Brown (FL) Collins Hoekstra Murtha Sweeney Bishop Chabot DeMint Bereuter Bryant Combest Holden Myrick Talent

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.085 pfrm06 PsN: H23PT1 H3596 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Deutsch Kaptur Phelps Vento Watts (OK) Wise The Chair recognizes the gentleman Diaz-Balart Kasich Pickering Visclosky Weldon (FL) Wolf RCHER Dickey Kelly Pickett Vitter Weldon (PA) Woolsey from Texas (Mr. A ). Dicks Kennedy Pitts Walden Weller Wu Mr. ARCHER. Mr. Chairman, I yield Dingell Kildee Pombo Walsh Wexler Wynn myself such time as I may consume. Dixon Kilpatrick Pomeroy Wamp Weygand Young (AK) Mr. Chairman, I say to my fellow Doggett Kind (WI) Porter Waters Whitfield Young (FL) Members that this debate today is like- Dooley King (NY) Portman Watkins Wicker Doolittle Kingston Price (NC) Watt (NC) Wilson ly the most important debate that we Doyle Kleczka Pryce (OH) will make, not only in this Congress, NOT VOTING—21 Dreier Klink Quinn perhaps in our entire careers. Duncan Knollenberg Radanovich Ackerman Hilliard McIntosh I rise in strong and full support of Dunn Kolbe Rahall Brown (OH) Hutchinson Pease Edwards Kucinich Ramstad Capuano Jones (OH) Rodriguez this legislation which grants normal Ehlers Kuykendall Rangel Chenoweth-Hage Larson Spratt trading relations to China and helps to Ehrlich LaFalce Regula Cubin Martinez Stupak open its borders to the enterprising su- Emerson LaHood Reyes Davis (FL) McCarthy (NY) Waxman Engel Lampson Reynolds Forbes McCollum Weiner periority of American workers, Amer- ican businesses, and American farmers. English Lantos Riley b Eshoo Largent Rivers 1634 This historic legislation serves two Etheridge Latham Roemer So (two-thirds having voted in favor critical American interests: first, it Evans LaTourette Rogan Everett Lazio Rogers thereof) the rules were suspended and creates potentially hundreds of thou- Ewing Leach Rohrabacher the bill, as amended, was passed. sands of new higher-paying jobs for Farr Lee Ros-Lehtinen The result of the vote was announced American workers; second, it helps our Fattah Levin Rothman as above recorded. children and our grandchildren to live Filner Lewis (CA) Roukema Fletcher Lewis (GA) Roybal-Allard A motion to reconsider was laid on in a more peaceful world and enhance Foley Lewis (KY) Royce the table. our national security. Ford Linder Rush f Human rights, so important to us Fossella Lipinski Ryan (WI) Americans, will be helped because we Fowler LoBiondo Ryun (KS) REPORT ON H.R. 4516, LEGISLA- know from the testimony of many Chi- Frank (MA) Lofgren Sabo TIVE BRANCH APPROPRIATIONS Franks (NJ) Lowey Salmon nese dissidents that continuing normal Frelinghuysen Lucas (KY) Sanchez ACT, 2001 trade with China is a plus. Frost Lucas (OK) Sanders Mr. YOUNG of Florida, from the The environment is important, and Gallegly Luther Sandlin Ganske Maloney (CT) Sanford Committee on Appropriations, sub- this legislation will help improve envi- Gejdenson Maloney (NY) Sawyer mitted a privileged report (Rept. No. ronmental protection. This vote will be Gekas Manzullo Saxton 106–635) on the bill (H.R. 4516) making the most important vote that we as Gephardt Markey Scarborough Members of this House will cast, as I Gibbons Mascara Schaffer appropriations for the Legislative Gilchrest Matsui Schakowsky Branch for the fiscal year ending Sep- said, in this Congress and perhaps in Gillmor McCarthy (MO) Scott tember 30, 2001, and for other purposes, our congressional careers. Gilman McCrery Sensenbrenner which was referred to the Union Cal- While the bill itself may be small, Gonzalez McDermott Serrano the issue surrounding NTR for China is Goode McGovern Sessions endar and ordered to be printed. Goodlatte McHugh Shadegg The SPEAKER pro tempore (Mr. CAL- massive. As chairman, I have worked Goodling McInnis Shaw VERT). Pursuant to clause 1, rule XXI, hard to accommodate Members on both Gordon McIntyre Shays all points of order are reserved on the sides to produce a bill that addresses Goss McKeon Sherman Graham McKinney Sherwood bill. their concerns on issues, such as Granger McNulty Shimkus f human rights, prison labor, environ- Green (TX) Meehan Shows ment, and anti-surge protections; and I Green (WI) Meek (FL) Shuster AUTHORIZING EXTENSION OF NON- am pleased that we can include that Greenwood Meeks (NY) Simpson DISCRIMINATORY TREATMENT Gutierrez Menendez Sisisky language for consideration by the Gutknecht Metcalf Skeen (NORMAL TRADE RELATIONS House. Hall (OH) Mica Skelton TREATMENT) TO PEOPLE’S RE- This parallel bill, as it is called, is bi- Hall (TX) Millender- Slaughter PUBLIC OF CHINA Hansen McDonald Smith (MI) partisan; and both the gentleman from Hastings (FL) Miller (FL) Smith (NJ) The SPEAKER pro tempore. Pursu- Michigan (Mr. LEVIN) and the gen- Hastings (WA) Miller, Gary Smith (TX) ant to the order of the House today and tleman from Nebraska (Mr. BEREUTER) Hayes Miller, George Smith (WA) rule XVIII, the Chair declares the deserve enormous credit for its accom- Hayworth Minge Snyder Hefley Mink Souder House in the Committee of the Whole plishment. Herger Moakley Spence House on the State of the Union for the Mr. Chairman, China represents over Hill (IN) Mollohan Stabenow consideration of the bill, H.R. 4444. one-quarter of the world’s population. Hill (MT) Moore Stark Over 1 billion people will not be ig- Hilleary Moran (KS) Stearns b 1636 Hinchey Moran (VA) Stenholm nored in the international market- Hinojosa Morella Strickland IN THE COMMITTEE OF THE WHOLE place. Yes, we can agree that China’s Hobson Murtha Stump Accordingly, the House resolved human rights do not measure up to our Hoeffel Myrick Sununu Hoekstra Nadler Sweeney itself into the Committee of the Whole own standards; we can agree that their Holden Napolitano Talent House on the State of the Union for the environmental and labor conditions Holt Neal Tancredo consideration of the bill (H.R. 4444) to need to be improved. Hooley Nethercutt Tanner authorize extension of nondiscrim- But how does suffering our economic Horn Ney Tauscher Hostettler Northup Tauzin inatory treatment (normal trade rela- relations with China help us to bring Houghton Norwood Taylor (MS) tions treatment) to the People’s Re- about the positive and monumental Hoyer Nussle Taylor (NC) public of China, with Mr. LAHOOD in change which opponents to this bill say Hulshof Oberstar Terry Hunter Obey Thomas the chair. they want? Mr. Chairman, no opponent Hyde Olver Thompson (CA) The Clerk read the title of the bill. has been able to show me how we will Inslee Ortiz Thompson (MS) The CHAIRMAN. Pursuant to the be better off in accomplishing these Isakson Ose Thornberry order of the House today, the bill is goals if we turn down normal trading Istook Owens Thune Jackson (IL) Oxley Thurman considered as having been read the first relations with China. If we fail today, Jackson-Lee Packard Tiahrt time. it will certainly play into the hands of (TX) Pallone Tierney Under the order of the House today, the hardliners in China, and that can- Jefferson Pascrell Toomey Jenkins Pastor Towns the gentleman from Texas (Mr. AR- not be good for our national interests. John Paul Traficant CHER), the gentleman from Michigan I have said that it would be unthink- Johnson (CT) Payne Turner (Mr. LEVIN), the gentleman from Wis- able for the Congress not to approve Johnson, E. B. Pelosi Udall (CO) consin (Mr. KLECZKA), and the gen- this historic legislation. Johnson, Sam Peterson (MN) Udall (NM) Jones (NC) Peterson (PA) Upton tleman from California (Mr. ROHR- The American people are with us. By Kanjorski Petri Velazquez ABACHER) each will control 30 minutes. the most recent polling data, they

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.089 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3597 overwhelmingly support this bill be- There is weak rule of law today in promising approach to take advantage cause they know it is good for jobs in China. How are we going to make sure of the opportunities and to meet the America and good for human rights that China complies with its agree- challenges. It allows us to both engage and the environment in China. ments? The gentleman from Nebraska China and to confront. It recognizes Much of this debate has focused on (Mr. BEREUTER) and I have put together the internal forces for change in China exports, on crops and computers and legislation to address this challenge as and reinforces them with external pres- cars and other material goods, and well as others, and there are some sures by us. they are important. But the greatest meaningful compliance provisions in I want to refer briefly, as I close, to American exports to China are those our proposal. One relates to the USTR two comments in recent articles, one yet to come, the freedom of choice and review, an annual review within our by Dai Qing, who is perhaps China’s the freedom of opportunity. own ranks, detailed, meaningful. most prominent environmentalist and History has shown us that no govern- Perhaps it is important granting re- independent political thinker, and here ment can withstand the power of indi- sources to our agencies China specific, is what he said recently in a report in viduals who are driven by the taste of China specific, to enforce their agree- The Washington Post. In quotes. freedom and the rewards of oppor- ment. And also there is, in essence, an ‘‘There is a battle here between open- tunity. We need to pass this bill. instruction to our USTR that in the ing to the West and closing to the Mr. Chairman, I reserve the balance protocol discussions that will ensue West. This fight is not over. One of the of my time. now that the EU has reached agree- main economic and political problems Mr. LEVIN. Mr. Chairman, I yield ment with China, that she will insist, in China today is our monopoly sys- myself such time as I may consume. she will work actively for an annual re- tem, a monopoly on power and business Mr. Chairman, trade issues are never view within the WTO of the agreement monopolies. Both elements are mutu- easy. They become more difficult as by China. ally reinforcing. The WTO’s rules globalization has become global. It now That is the first aspect in terms of would naturally encourage competition includes the largest nation in the the challenge. The second one relates and that’s bad for both monopolies.’’ world. It is destined, according to to the potential surges in products And then an article just this last World Bank estimates, to have the sec- from China. It is going to compete with Sunday in The New York Times. This ond largest national economy in the us. That is what trade is. It is competi- is a report, not an editorial, and it is world in 20 years. tion. And there could be harmful entitled ‘‘Chinese See U.S. Trade Bill So China’s integration into the world surges from China into the U.S. that as Vital to Future Reforms.’’ And after trading system inevitably presents would hurt our workers and hurt our quoting a large number of people in both opportunities and challenges producers. China, including one who recently lost both. What we have to do is to take ad- I will not go into detail now, but I his job as a reformer, this is what all of vantage of the benefits in the agree- can say, as someone who has worked on them in this article say. ‘‘Chinese say ment that we negotiated with China these issues now for 15 years and their country is at a tipping point in and also actively address the problems fought to keep the antidumping provi- its history. A yes vote on normal trade in our relationship. sions in U.S. law in the Uruguay can propel it forward to greater liberal- Briefly, the benefits, and there will Round, and successfully, with the help ization and engagement with the West. A no vote from Congress will be seen as be more discussion of this, the distin- of the gentleman from New York (Mr. a slap in the face, throwing China back guished gentleman from Texas (Mr. AR- HOUGHTON), this provision, this specific into conservatism and anti-American CHER), chairman of the committee, has provision as to surges from China and handling them, is the strongest anti- hatred.’’ laid out some of them. Lower tariffs, Rejecting PNTR now that it has been surge provision that will be in U.S. dramatically lower tariffs over time combined with the proposals in our leg- law. for both agricultural and industrial islation would likely be a catalyst not Third relates to human rights, in- products. Service, a dramatic break- for change but for chaos in the rela- cluding international core labor stand- through for our service industries. tionships between the U.S. and China. ards in the U.S. law. First of all, in the Telecommunications, China is explod- It would make both active engagement legislation that the gentleman from ing in terms of telecommunications. So and constructive confrontation by the Nebraska (Mr. BEREUTER) and I have vital barriers that now exist, for exam- U.S. much more difficult. ple, local content requirements, they proposed and will be before us tomor- There is a better course, colleagues, are out the window under this agree- row, what we do is to set up a task in this distinguished body at this dis- ment. Restrictions on distribution of force, and a meaningful one, to pull to- tinguished moment. It is passage of our products made in the United gether the agencies of the U.S. Govern- PNTR, now combined with a frame- States, they are gone over time under ment to work with Customs to make work, with a plan of action, with a this agreement. Technology transfers sure that our law on forced and prison strategy to assess the advantages and that were required by China up to this labor products from China, that that address the problems. point would no longer be available to law is implemented. I was in China 10 days in January, in the Chinese. And then the commission that we Beijing and then Hong Kong. After The point is clear: if we do not grant have proposed; high level, at the execu- talking to students, after talking to in- PNTR to China, it is going into the tive-congressional level, full time, tellectuals, to artists, as well as gov- WTO in any event. In any event. fully staffed, patterned after the Hel- ernment officials, I came to the conclu- sinki Commission, 25 years old. That b 1645 sion indelibly that change in China is commission was effective in Eastern irreversible but its direction is not in- The U.S. has no veto power over their Europe. This commission that we have evitable. We must be activists in this entry. And if we do not grant PNTR, put together on paper, if we work at it, process of change. We, the United most of the benefits that we negotiated will be effective in reality. There will States, cannot isolate China and its 1.2 with the Chinese Government will not be nine Members from the House, nine billion people; and we must not isolate be available to us but they will be to from the Senate, five from the execu- ourselves from impacting on China’s our competitors. tive at the highest levels. We will rep- future direction. There has been some talk these resent the majority on that commis- Mr. Chairman, I reserve the balance months about the 1979 agreement be- sion. of my time. tween the U.S. and China giving us all The Helsinki Commission worked and Mr. KLECZKA. Mr. Chairman, I yield of the benefits that we have since nego- this can work. It will work because we 2 minutes and 10 seconds to the gentle- tiated. I have read the documents will be determined to make it work. woman from California (Ms. PELOSI). many times, and that is simply incor- So, the provisions that the gen- Ms. PELOSI. Mr. Chairman, I thank rect. But I want to focus right now on tleman from Nebraska (Mr. BEREUTER) the gentleman for yielding me this the challenges, because there are chal- and others and I have worked on com- time. lenges as well as opportunities. One of bines PNTR with this framework, with Mr. Chairman, every now and then them is the issue of compliance. this plan of action that is the most this Congress has the opportunity to

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.137 pfrm06 PsN: H23PT1 H3598 CONGRESSIONAL RECORD — HOUSE May 23, 2000 associate our country with the aspira- tary buildup of the Communist Chi- China. My colleagues will hear that tions of people who sacrifice their lives nese? They now have the capability of over and over and over again in this de- and their livelihood for freedom. The murdering millions of Americans with bate. That is a ruse. It is not true. It is PNTR vote that we are debating today nuclear weapons that they did not have trying to get us off what this debate is gives us that challenge. It challenges the capability for 10 years ago, based really about. the Congress to stand with the man be- on our technology and our money. I What are we going to achieve by this fore the tank, who courageously, cou- consider that a disastrous policy. decision today on permanent normal rageously, stood his ground for free- And morally, morally, has this trade relations with China? What we dom. It challenges us to speak out worked in our benefit to have this rela- are talking about is continuing to against the brutal occupation of Tibet tionship, which people now want to allow our big businessmen to massively and against the serious repression in make permanent? That is what this is invest in China with government guar- China. about, making a disastrous relation- antees to the Export-Import Bank and We have been told over the last dec- ship with Communist China perma- subsidized loans and guaranteed loans. ade that human rights in China would nent. What has it done morally? Today, That is the bottom line. That is what improve if we had unconditional trade the Democratic movement in China, is pushing this. benefits for China. Not so. More people which used to be healthy, has been We have people closing factories in are imprisoned for their beliefs in smashed. Religious believers are being the United States and opening them up China today than at any time since the persecuted, even to the point where to use slave labor in China, and they cultural revolution. people who believe in meditation and want the taxpayers to guarantee that. We were told that unconditional yoga are being thrown into prison by They do not care about morality. They trade benefits for China would stop the thousands. do not care about human rights. This is China’s proliferation of weapons of In Tibet, the genocide goes on. The a joke. mass destruction to rogue states. Communist Chinese could drop an Even with the proposal of the gen- Again, not so. Not only does China con- atomic bomb on Tibet and murder mil- tleman from Michigan (Mr. LEVIN), we tinue to proliferate chemical, biologi- lions of people, and our business com- are taking away our ability to enforce cal, and nuclear technology, and the munity would still be up here saying, any type of human rights standards delivery systems for them to rogue well, how are we going to cut off that we have been trying to push on states, they have added Libya as one of progress by trying to confront them Communist China. And they know it. their customers, as recently as this with this. No, we have to maintain our They know that we are taking away March 2000. engagement. our rights even to discuss it on the But even if we could ignore the seri- PNTR basically says that we are floor of the House every year, which ous repression and the dangerous pro- going to make permanent the relation- has been one of the only things that liferation of weapons of mass destruc- ship that we have had for the last 10 have held them back. And even with tion, there is serious reason to reject years with Communist China. Freeze that type of control or, at least, influ- this proposal on the basis of trade it. We are going to freeze it. Now, my ence on them, they have gone in the alone. Mr. Chairman, China has never colleagues may say, oh, no, that is opposite direction. honored any of its trade agreements wrong; they are going to bring down Let me close by saying this: I realize with the United States, including its their unfair tariffs that they have had. people who believe on the other side of agreements for market access over the No, I am afraid not. What will happen this are sincere; they believe they are last 20 years; over and over again is, these tariffs, which have been dis- trying to better the prospects for peace agreements on stopping the violation proportionate, monstrously dispropor- in this world and better the prospects of intellectual property, and the piracy tionate, will be brought down a little. for freedom, which I think is nonsense. continues; and stopping prison labor They will still have a huge tariff dis- We do not treat tyrants that way. But exports from coming into the United parity between the United States and we have tried this before. The world States. China. has tried this before. Indeed, the U.S. International Trade In other words, they will continue We remember Neville Chamberlain as Commission said in their own analysis, flooding our market with their goods, the man who gave away Czecho- projecting the China deal will result in but what will happen? If we have a dis- slovakia to Hitler and Munich, but we the loss of 872,000 American jobs over pute with them in the future, if we pass do not remember what Neville Cham- the next decade. On the basis of trade PNTR, we have taken all of our bullets berlain did in the years prior to Mu- alone, I urge my colleagues to vote out of our gun to enforce our decisions. nich when Hitler had taken over Nazi against this resolution. We are giving it to the World Trade Or- Germany. Neville Chamberlain led up Mr. ROHRABACHER. Mr. Chairman, ganization. Instead of being able to en- to Munich by creating an economic I yield myself such time as I may con- force our agreements with China, task force designed to invest in Ger- sume. which we have not been able to enforce many so that the Germans would have Mr. Chairman, our economic rela- before, and they have broken their so many economic ties they would tionship with Communist China has agreements with us, we are going to never think of violating the peace. It been a disaster for the United States of rely on panels and commissions of the reads almost verbatim the argument America, a disaster; and it is in the World Trade Organization. that we are getting today. making and we can see it coming, We have been told that if we engage We do not make a liberal by hugging though we have people trying to pre- with China, that we will liberalize a Nazi. We do not treat gangsters as if vent the American people from under- China. We will make them more like they are democrats and expect them to standing the significance of what has us. They will become more Democratic. be democratic people. No. We must been going on for these last 10 years. stand together with the people in b Economically we have had year after 1700 China who long for freedom and jus- year after year of a massive trade sur- It has gone the opposite direction. tice, and we will not do that by kow- plus with Communist China. What does We have been dealing with gangsters, towing to these dictators in Beijing that mean for the people of the United and right now we are talking about and giving them what they want. States? We are just going to laugh that putting gangsters into the chamber of Do not give me this, the hardliners off, where they have a trade surplus? commerce. What makes my colleagues do not want us to give them this. The They allow us to import all of their think that dealing with a gangster is hardliners want to continue to have goods while they put restrictions on going to do anything but corrupt their the type of trade surpluses that they our goods? people rather than making them any have had and want us to have to only In terms of our national security, better? rely on the WTO if they break their they have used that trade surplus, The debate is not about isolating word to us. which will be $80 billion this year, to China. Do not let anybody fool us. This This whole idea of permanent normal build up their military. And who do we is not about isolating China. It is not trade relations with China is against think is being threatened by this mili- about severing our relations with the interest of the people of the United

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.140 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3599 States, against our moral position, and most important votes of the century in Today, China has gone from virtually has undermined our national security Congress. And by passing permanent no phones to about 130 million phones. as we wake up to find that we have normal trade relations with China, They talk about freedom of speech. built a monster that is capable, with Congress will be doing more to expand That is what phones, especially digital the weapons systems and technologies our economy and create jobs than any- cell phones, help facilitate. that we have provided them, of killing thing else we could possibly do.’’ Today, China has gone from virtually millions of Americans. Mr. Chairman, the governor of Min- no newspapers whatsoever to millions I call on my colleagues to oppose nor- nesota got it right. I just hope we get of users of the Internet, the greatest mal trade relations with this mon- it right. democratizing tool the world has every strous regime in Communist China. Under the terms of the agreement, known, for it opens people to news, to Mr. Chairman, I reserve the balance China’s tariffs will fall from an average ideas from every corner of the world. of my time. tariff of 25 percent to 9 percent. That is That is progress. Mr. CRANE. Mr. Chairman, I yield what it means to knock down trade In fact, President Carter and I shared myself such time as I may consume. barriers so that we can export more the thought that China, despite all its Mr. Chairman, I respect the passion goods, expand our economy, and create still existing problems, has probably that my distinguished colleague, the more jobs. advanced the human condition more in gentleman from California (Mr. ROHR- As cultural tariffs will fall from an the past 20 years than any other nation ABACHER), has. But I would remind him average of 32 percent, it is no wonder in history. that he should go back to reexamining our farmers cannot sell grain to China, But let us turn to this agreement. It what his former governor, Ronald fall from an average of 32 percent to 15 should be a no-brainer. We give no tar- Reagan, did with regard to our Carib- percent by the year 2004. iff reductions or additional market bean neighbors when the Caribbean Well, what do these tariff reductions entry whatsoever. They lower their neighbors were subject to the possi- mean? They mean that members of tariffs drastically and open their mar- bility of communist expansion and tyr- Minnesota’s Medical Alley, America’s kets. That is a clear winner for our ex- anny and Ronald Reagan initiated the Medical Alley, from big companies like ports. Caribbean Basin Initiative, which was Medtronic to small manufacturers like Last week we negotiated the strong- to make that economic outreach in American Medical Supplies can im- est anti-surge controls ever legislated. hopes that economic improvement prove and save and better Chinese We can now stop surges of Chinese ex- lives. It means Minnesota’s companies, ports. We could not before. That is a would lead them down the path to America’s companies, like Cargill, winner. democratic institutions. It was a mar- Pillsbury, General Mills, Jennie-O, This is a historic vote. We can draw velous program, and it worked superbly Hormel, and others can sell more food a circle that either includes China or well. and other products in China. excludes China, almost one quarter of I would remind my distinguished col- That means that efficient Minnesota the people of the planet Earth. We can league, too, that we have the missile farmers, America’s farmers, corn grow- maximize our influence or decimate capability to kill millions of Chinese ers, pork producers, soy bean farmers our influence. The choice is ours. His- people; and we do not want that to hap- can export more food to the growing tory demands a ‘‘yes’’ vote. pen and we do not want China to con- population in China. Mr. Chairman, the Mr. KLECZKA. Mr. Chairman, I yield sider using their capabilities against bottom line, it means a better quality 2 minutes to the gentleman from Geor- us, either. The best way we move down of life for the Chinese people and a bet- gia (Mr. LEWIS), a member of the Com- the path of guaranteeing that these ter quality of life for the American mittee on Ways and Means. things do not happen is establishing people. Mr. LEWIS of Georgia. Mr. Chair- those better relations. What some critics do not understand man, I thank my friend and my col- I would suggest to my colleague from is that trade is not a zero-sum game; it league from Wisconsin (Mr. KLECZKA) California, talk to Dr. Billy Graham is a win-win for both economies, for for yielding me the time. about it. His son has been doing mis- both countries. It means Minnesota’s Mr. Chairman, I am opposed to grant- sionary activity over there for several jobs, America’s jobs will continue to ing permanent normal trade relations years and has distributed literally mil- grow, our economy can expand, good to China. We cannot reward China with lions of Bibles in mainland China over jobs. PNTR while she continues to violate the past several years, and they are ac- So I urge our colleagues to support the human rights of her people. We are tually printing their Bibles in the this historic, momentous, critical sending the wrong message to the rest mainland right now. issue. Vote ‘‘yes’’ on permanent normal of the world. The spirit of history is So we have a chance to exert that trade relations with China. upon us, and we must be guided by the personal contact and move it in a con- Mr. LEVIN. Mr. Chairman, I yield 21⁄2 spirit of history to do the right thing. structive direction. minutes to the gentleman from New Granting PNTR allows China to con- 1 Mr. Chairman, I yield 2 ⁄2 minutes to York (Mr. LAFALCE). tinue the terrible abuses without any the gentleman from Minnesota (Mr. (Mr. LAFALCE asked and was given consequences. RAMSTAD) to elaborate a little further permission to revise and extend his re- I ask my colleagues, how much are on this issue. marks.) we prepared to pay? Are we prepared to Mr. RAMSTAD. Mr. Chairman, I Mr. LAFALCE. Mr. Chairman, on sell our souls? Are we prepared to be- thank my chairman for yielding me the January 1, 1979, I was one of the rep- tray our conscience? Are we prepared time and for his strong, effective lead- resentatives of the United States and to deny our shared values of freedom, ership on this historic issue. President Carter at the ceremonies in justice, and democracy? Mr. Chairman, it is a great day in Beijing reestablishing normal relations Where is the freedom of speech? Congress when we can do something with China. Where is the freedom of worship? this positive for the American people. Last week, I chatted with President Where is the freedom of assembly? It is a great day in Congress when we Carter; and we reminisced about what Where is the freedom to organize? can work together, both sides of the had happened in the 2 decades in be- Where is the freedom to protest? Where aisle, Democrats, Republicans, and tween. We share virtually identical is the freedom? It is not in China. independents alike, in a bipartisan, views. Can we forget Tiananmen Square, 11 pragmatic, and common sense way on Twenty years ago, China was a closed years ago, June 4, 1989? We cannot for- something so important to America’s society, virtually no phones, no news- get, and we must not forget. future. papers, no access to the outside world, Some of us have worked too long and My governor, Jesse Ventura, is not no private enterprise, no relations with too hard for civil rights and human one to mince words; and he talks plain citizens of the United States, no hope, rights here at home and other places in talk. When I invited him to testify be- and no future. And today that has the world not to stand up for human fore the Committee on Ways and Means changed, in large part because we have rights in China. on this important issue, he put it like had normal relations with China, be- Mr. Chairman, I believe in trade, free this: he said, ‘‘This will be one of the cause we engage China. and fair trade. But I do not believe in

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.142 pfrm06 PsN: H23PT1 H3600 CONGRESSIONAL RECORD — HOUSE May 23, 2000 trade at any price. And the price of Do my colleagues remember money. All I can say to my colleagues granting PNTR for China is much too Tiananmen Square? I think the gen- is there are a million reasons not to ap- high. It is a price we should not be pre- tleman from Georgia (Mr. LEWIS) cited prove this and only one to approve it. pared to pay. that very thoroughly and very well. I submit that we should not approve it. So, Mr. Chairman, I urge all of my There are 10 million people in slave Mr. CRANE. Mr. Chairman, I yield colleagues to oppose normal trade rela- labor camps making tennis shoes and myself such time as I may consume. tions for China. other things for nothing but a bowl of I would like to remind my distin- Mr. ROHRABACHER. Mr. Chairman, gruel a day. And we talk about human guished colleague from Indiana that I yield myself 1 minute. rights. there is nothing about this action we Mr. Chairman, let me just say that They are taking people who are alive are about to take that is irrevocable by we heard about reference to Ronald in prisons and if you or I want a kidney any future Congress. Permanent trade Reagan and China. I worked with and we are willing to go to China, for relations can be granted today and President Reagan on some of the 30 to $35,000 they will take that person taken away tomorrow. This is an ac- speeches that he gave when he went to and they will kill him today, they will tion that Congress can take any time China; and we should not forget that, extricate their kidney, take it out of that it is so inclined to do so. I would during Ronald Reagan’s time, Ronald them, and they will immediately trans- like to remind my colleague, too, that Reagan strategized in order to develop plant it into you if you need it. If you he made reference to the fact of the $68 a democratic movement in China, have the money, you can go to China billion trade deficit we have with which, after Ronald Reagan left office, and get it. They will make a match, China. was smashed, yes. But during Ronald they will check your blood type and If you lock yourself out of the Chi- Reagan’s time, when he supported ex- immediately you will get a kidney out nese market, how do you plan to ad- panding our relationship with China, of a live human being, guaranteed dress that? What the existing relation- he also supported and was very active fresh. That goes on today. ship does is guarantee that we do not in making sure that there was a demo- They have tried to influence our po- have access to their market. Perma- cratic movement. litical process. We know that Liu Chao nent normal trade relations with China That was a force within China. Now Ying met with Johnny Chung in Hong gives us access to their market as they that that has been destroyed by the Kong and the head of the People’s Lib- have access to our market at this time. Communist Chinese Government, there eration Army intelligence service, Mr. BURTON of Indiana. Mr. Chair- is no excuse for continuing those same comparable to our CIA or DIA, Mr. Ji, man, will the gentleman yield? strategies. came in and said, we like your Presi- Mr. CRANE. I yield to the gentleman When it came to the Soviet Union, dent, we want to see him reelected and from Indiana. Ronald Reagan made himself very he gave $300,000 to them. Mr. BURTON of Indiana. Mr. Chair- clear; we never provided anything like Millions of dollars came in from that man, real briefly let me just ask the that. He tried to undermine the eco- part of the world to try to influence gentleman this. Does he really believe nomic strength of the Soviet Union to our elections. Does that sound like after American industry invests plant bring about peace and democratization. they want to work with us? They now and equipment and money over there That is what worked, because there control or will control both ends of the that they are going to allow us to with- was not a democracy movement in the Panama Canal. Li Ka Shing who is tied draw permanent trade status? Soviet Union. in with the People’s Liberation Army Mr. CRANE. If I can reclaim my Let us read history, and let us learn and the Communist hierarchy in China time, they have already invested. from it. What we have now is we are now has ports at both ends of the Pan- Mr. BURTON of Indiana. But there going in the opposite direction. ama Canal and in the not too distant will be more. Mr. Chairman, I yield 4 minutes to future they will be able to stop us from Mr. CRANE. I have the headquarters the gentleman from Indiana (Mr. BUR- using it. of Motorola in my district. Motorola TON). Today we just found out the other has a plant they have had in Shanghai Mr. BURTON of Indiana. Mr. Chair- canal in the world, the Suez Canal that for some time. I was over there. I had man, I thank the gentleman for yield- is so important to all of us and to the opportunity to visit with the head ing me the time. of the Motorola plant in Shanghai. He Mr. Chairman, we talk about checks transportation of commerce, they now made reference to the fact that in their and balances. What kind of checks and have the same organization headed by plant, they provide the employees balances will we have on China if they Li Ka Shing and the People’s Libera- clean working conditions, they provide get permanent trade status? tion Army, they are going to have Port We have been reviewing them once a Said on the Suez Canal. They are mov- overtime pay for more than a 40-hour year and, because of that, they know ing around the world pieces of influ- workweek, they provide health care that once a year we are going to vote ence like chess pieces and they are benefits to their employees. on it and we can withdraw that favor- going to checkmate us if we are not And I said, gee, did you bring that all able status that they have. very careful and we are giving them over from the United States and they the money and the influence to do it. said, no, those are the guidelines of the b 1715 Their trade surplus with us was $68 Chinese government to foreign compa- They have 35 to 40 percent of our billion last year; and I submit if we nies doing business there. I thought market. Thirty-five to 40 percent of pass this, it is going to be greater. about it for a moment because there their exports come to the United Once American commerce goes over were some grungy Chinese factories in States. They are not going to cut off there and finds they can get labor for Shanghai that I had seen when I was their nose to spite their face if we do 50 cents an hour or less, you think they walking around neighborhoods. And I not go along with them on this perma- are going to want to pull out, espe- thought about it for a moment, that if nent trade status today. It means too cially if the human rights problems get the gentleman from Indiana is working much to them. worse and worse over there or they in a grungy Chinese factory and I am What I want Members to do right start trying to block our shipping if we working for Motorola and we are hav- now is to look back and see what has do not do what they want? Of course ing our Tsingtaos together at the end happened in China just recently and not. of a long workday and the gentleman is what they have been doing. They stole We are getting pressure today by moaning about the grungy working our nuclear secrets. They were in- many business interests. What do you conditions and no overtime pay and no volved in espionage at Los Alamos and think it is going to be like when they health care benefits, it is only logical Livermore Laboratories and they now start moving their plants over there that I am going to say, hey, why do have the ability to kill 50 million peo- and paying slave wages to people over you work there? Come work for Motor- ple in this country with one missile on there to produce goods and services? ola. a mobile launch vehicle with 10 W–88 They are going to go along with what- Ben Franklin made the observation, warheads. They did not have that be- ever it takes because it means the al- a good example is the best sermon. We fore. This just happened recently. mighty dollar. They are going to make provide that good example and the best

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.145 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3601 sermon. It is something that has an ef- and the oppressive regime, but let us trade relations with China. China fect that goes beyond just the paro- not abandon the American people just should not be rewarded for its domestic chial interests of that company. to salve our own consciences. and international record of abuses of Mr. Chairman, I yield 21⁄2 minutes to Mr. LEVIN. Mr. Chairman, I yield 2 workers, religious leaders and democ- the distinguished gentleman from Ari- minutes to the distinguished gen- racy activists, nor for its repeated ab- zona (Mr. SALMON). tleman from Oregon (Mr. rogations of international treaties. Mr. SALMON. Mr. Chairman, I thank BLUMENAUER). An annual review of this Nation’s the gentleman for yielding me this Mr. BLUMENAUER. Mr. Chairman, I trade status as opposed to permanent time. Twenty-three years ago I was 19 thank the gentleman for yielding me certification such as this bill would years old and I was peddling a bike this time, and I thank him for his lead- provide is a critical means by which around in Taiwan. I was sent there as a ership in this issue. The world’s most China and other nations can be held ac- missionary for the Mormon church. important relationship over the next 20 countable for their actions. We need to One of my responsibilities was to go years will be between the United do this since as The New York Times around and knock on people’s doors to States, the world’s greatest military noted today, China is not known for its try to spread the gospel of Jesus power and economic power, and China, strict adherence to trade agreements. Christ. the world’s oldest culture and largest In fact, it is known for exactly the It is interesting, this Friday I will be population. The change in China since opposite. going back to Taiwan a lot less humble Nixon began diplomatic and economic Granting permanent normal trade re- and lowly than I was 22 years ago. I engagement has been nothing short of lations with China as well as the coun- will be meeting with the newly elected phenomenal. try’s accession to the WTO represent President, President Chen Shui-bian, The forces of change and reform will another missed opportunity to incor- who by the way is a strong advocate of win out sooner if the United States is porate strong protections for human permanent normal trade relations be- engaged than if we play into the hands rights, worker rights, and environ- tween China and the United States. I and forces of repression. Isolation sim- mental rights in trade agreements. I made these comments because I re- ply does not work. In South Africa, it agree that expanded trade under the member in the 1970s when I lived in took all of the world’s developed pow- right terms can raise standards of liv- Taiwan. We have had some examples of ers coalesced against a relatively small ing for all; but I will continue to fight history. country to change apartheid. for fair agreements that ensure that Let me tell my colleagues about the The rest of the world does not agree standards to protect the environment, history of Taiwan. I know. I lived with us on China. We cannot even force workers, and human rights are not there. I speak the language. I know the change in Cuba, a tiny country with an compromised in the process. people. In the 1970s, Taiwan was any- aging dictator and a population about Unfortunately, granting PNTR will thing but the free democracy we see the size of Michigan. The United States only exacerbate the race to the bottom today. We just saw with this recent could accelerate change in China, and where corporations can circle the globe election, a free and democratic election that will not just have significant ben- looking for and pressuring for the low- in Taiwan, the second of its kind in efits for our businesses, it will also est standards, setting up low-wage 5,000 years. But it was not always that benefit the environment. But that sweatshops, dumping their pollution, way. takes modern technology and invest- and creating unsafe conditions for the In fact, Taiwan had a very oppressive ment, services that the Chinese need public. governmental regime. There was not that we are good at and that will im- This race to the bottom pus countries with freedom of speech. There was not free- prove their environment while it pro- higher standards at a disadvantage and dom of the press. In fact, I remember vides us with economic opportunities. makes new environmental and workers protec- talking with an individual in the park Over half a century ago, the Marshall tions harder to enact. one day, he was being critical of the Plan invested not just in our dev- Most supporters of PNTR and WTO accept- government, we never saw him again; astated allies but in our defeated en- ance for China admit that China continues to and we were told that he went to pris- emies in Europe. The Russians, how- be a rogue nation. on. The fact is Taiwan was not a free ever, denied us a partnership in East- Even the Clinton Administration's own brief- society. But they engaged with the ern Europe because they knew it would ing book in favor of PNTR for China says: West, they adopted economic reforms. hasten the emergence of democracies ``China denies or curtails basic freedoms, in- If we can use history, let us use the and free enterprise. cluding freedom of speech, association, and history of that region. Today, after having spent trillions of religion.'' The fact is, they adopted market re- American tax dollars to win the Cold But proponents argue that economic en- forms as China has and they moved to War, we have an opportunity to accept gagement will ultimately result in a more political reforms which go hand in an offer from the forces of Chinese re- democratic system there. I disagree. hand with market reforms. I know we form. Approval of normal trade rela- China's pattern of violating the rights of its want changes now; we want them im- tions will not change China overnight. own people has continued despite the in- mediately. Let me tell my colleagues We will have to remain vigilant to creased economic ties of most favored nation about the people, the Chinese employ- make sure we use every tool we have to status that Congress has granted year after ees of American companies who were in make sure the Chinese adhere to the year. my office last week and talked about agreement, but it will give us firmer The State Department's most recent Annual their conversion to Christianity and footing in the Chinese economy, it will Country Report of Human Rights report states the conversions were made while they give us beachheads and inroads of the that China's human record has ``deteriorated worked at American companies. type that so terrified Stalin and con- markedly throughout the year as the govern- In talking to their American coun- tinue to terrify the Chinese dictators. ment intensified efforts to suppress dissent.'' terparts who were Christians, they got A vote for permanent normal trade re- The first report of the congressionally char- an opportunity to believe. One of the lations will hasten human rights, envi- tered United States Commission on Inter- Chinese employees talked to me about ronmental protection and a stronger national Religious Freedom noted that ``Chi- how she joined a house church 2 years economy in China and the United nese government violations of religious free- ago, five people in that church, now States. dom increased markedly during the past over 200. She told me the fact that in Mr. KLECZKA. Mr. Chairman, I yield year.'' The Commission recommended against 1994, China allowed to be printed 400,000 1 minute to the gentleman from Cali- Congress granting PNTR until China makes Bibles into the Chinese language. The fornia (Mr. GEORGE MILLER). demonstrated and substantial progress in re- number this year is 4 million. The fact (Mr. GEORGE MILLER of California spect for religious freedom. is there are good changes. No, they are asked and was given permission to re- The National Labor Committee issued a re- not perfect but there are good changes vise and extend his remarks.) port on May 10 that gives a picture of the un- happening. Let us not abandon these Mr. GEORGE MILLER of California. acceptable working conditions that flourish in- people. Let us maintain our skeptical Mr. Chairman, I rise in strong opposi- side many factories in China making goods for nature with the Chinese government tion to granting permanent normal US companies like Wal-Mart, Nike and Huffy.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.147 pfrm06 PsN: H23PT1 H3602 CONGRESSIONAL RECORD — HOUSE May 23, 2000 The NLC found factories making goods for tensified efforts to suppress dissent, brought about a global village. Now American companies where workers were particularly organized dissent. Docu- people from every corner of the planet being held under conditions of indentured ser- mented human rights abuses include are only a phone call, a satellite hook- vitude, forced to work 12 to 14 hours a day, extrajudicial killings, torture and mis- up, an e-mail away from each other. seven days a week, with only one day off a treatment of prisoners, forced deten- But in the wrong hands, technology has month, while earning an average wage of 3 tions, arbitrary arrest and detention, the potential to do great harm. As cents an hour. lengthy incommunicado detention and weapons of mass destruction continue Even after months of work, 46 percent of denial of due process. to proliferate, every nation now faces the workers surveyed earned nothing at all-in They continue to steal our intellec- the prospect of nuclear, chemical, or fact they owed money to the company. The tual property rights as they ignore biological attacks from a rogue state workers were allowed out of the factory for copyrights and patents. Slave labor that is just a half world away, or a ter- just an hour and a half a day. And when the goes on, perhaps intensified. I am par- rorist group that has no fixed location. workers protested being forced to work from ticularly concerned about the theft of Confusion could reign in a world with 7:30 a.m. to 11:00 p.m., seven days a week, technology. They have stolen our mis- such promise and peril. But that does for literally pennies an hour, 800 workers were sile secrets. They have stolen our bomb not have to be the case, if America fired. secrets. Contrary to our Constitution maintains its position of world leader- There is no credible reason to believe that and in violation of our laws, they ship. Throughout this last century, we conditions like these will be improved by giv- sought to and perhaps were successful set the example for the world. Our vi- ing up our right to review to China's trade sta- in buying the last presidential election. sion helped to bring to this planet an tus. The U.S. bilateral negotiating position with They threatened to nuke us if we ob- unprecedented era of peace and pros- China would be crippled if the country were ject to their intentions with Taiwan. It perity at its end. granted PNTR and admitted to the WTO. Our is simplistic and naive to believe that International trade has connected large trade deficit with China, expected to be either the PNTR or membership in our world’s economies as never before over $60 billion this year, potentially gives the WTO will move China toward inter- and has made our people more depend- U.S. significant bargaining power to enforce national development, as President ent upon each other. This inter- and strengthen our existing trade laws. But Clinton says, in the right direction. connectedness gives every nation a this bargaining power would be further limited b 1730 giant incentive to keep the peace. It by the WTO. has worked in the past, just look at Certainly what they are going to do Some have argued that parallel legislation how far we have come; and it will work is what every major power does; they or a side agreement will remedy the problems in the future, if the United States con- are going to do what is in their own I have discussed. But, we have been down tinues to lead. best interests, advancing their own that side agreement road before and it is not Mr. Chairman, America cannot main- pretty. It is filled with the raw sewage and strategic interests. Finally, I am particularly concerned tain its leadership role by refusing to other environmental destruction that lines the trade with the world’s largest econ- border with Mexico under the NAFTA side about the effect of this on our national security. Last year we had a $68 billion omy. PNTR is in our economic self-in- agreement. terest, there can be no doubt about Finally, China's history of failing to comply trade deficit. This is money which they could and did use to arm themselves. that, but it is also vital for peace and with trade agreements leads me to view new freedom throughout the world. If we agreements with a skeptical eye. Those arms may very well be used against our people. choose to abdicate our leadership, the China has broken nearly every agreementÐ consequences are dire. from market access to prison labor to intellec- For two very good reasons, a no vote Will America continue to show tual property rightsÐit has made with the is the right vote. First of all, we need through the power of its example that United States. For example, in 1992 and to send the message that this is unac- representative government and free 1994, China signed agreements that it would ceptable international behavior; sec- trade lead to stability, peace, and pros- not export products made by slave labor to the ondly, it is really not very bright to perity? That is the real issue we are US and would allow visits of US officials to arm your enemy. dealing with today. any suspected site. Mr. CRANE. Mr. Chairman, I yield 1 I believe America has a mission. It is But, the State Department's Human Rights 2 ⁄2 minutes to the gentleman from Ari- our duty to show that freedom works, Report specifically finds that: ``in all cases [of zona (Mr. KOLBE). and that is why I support PNTR; and I forced labor identified by US customs], the Mr. KOLBE. Mr. Chairman, I thank urge my colleagues to do the same. [Chinese] Ministry of Justice refused the re- the gentleman for yielding me time. quest, ignored it, or simply denied it without Mr. Chairman, this evening we are Mr. LEVIN. Mr. Chairman, it is my further elaboration. beginning what I believe is a very his- pleasure to yield 2 minutes to the gen- This is not a record worthy of further trust. toric debate in this body. I know that tleman from Missouri (Mr. SKELTON), I believe that China should be held account- is sometimes an overworked word; but the very distinguished senior Member able for its widespread abuses. Granting I think one has to go back to the last and expert on security issues. China special status as a trading partner is the century, to the early part of the last Mr. SKELTON. Mr. Chairman, I urge wrong way to accomplish that goal. I urge my century, and look at the vote and de- my colleagues to support permanent Colleagues to join me in opposition to PNTR bate on the League of Nations, or the normal trade relations for China. I will for China. middle of the century to look at the de- vote in favor of it, not only because of Mr. ROHRABACHER. Mr. Chairman, bate on lend-lease, or towards the end the benefits that American farmers and I yield 2 minutes to the gentleman of the century to look at the debate on businesses stand to gain in terms of in- from Maryland (Mr. BARTLETT) who is Desert Storm, to find issues and for- creased trade, which are substantial, one of the few Ph.D.s and scientists we eign policy that really were pivotal to but also because of the impact approval have with us here in the United States the future of this country. of PNTR will have for U.S. national se- Congress. I say pivotal to the future of this curity and stability in Asia. Mr. BARTLETT of Maryland. I thank country, because I believe, as impor- A solid trade relationship with China the gentleman for yielding time. tant as the issues about trade and with its huge potential markets is im- Mr. Chairman, when I came here sev- human rights and economic advantages portant to Missouri. In 1998, China was eral years ago, I bought the argument are, this issue is not really about Missouri’s sixth most important export that if we engage with China that they China, it is about America. As we em- market, and the United States’ fourth would change and so I voted for most- bark on this century and this new mil- largest trading partner. From 1991 to favored-nation trading status. lennium, the United States has to de- 1998, U.S. exports to China more than Well, China did change. They got cide what role it is going to play in the doubled. The agreement that the ad- worse. Our own State Department says world. There is this much discussed ministration reached with China last that their already poor human rights ‘‘death of distance’’ that we hear about November concerning China’s acces- record deteriorated markedly through- today, but it is real. State-of-the-art sion to the World Trade Organization out the last year as the government in- telecommunications systems have commits China to eliminate export

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.092 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3603 subsidies and lower tariffs dramati- tiful words. That is the statement of returned from Nazi Germany and said, cally, reduce its farm supports, and their own chief negotiator. ‘‘We have peace in our times, go home play by the same trade rules as we do. It is about trust. It is about broken and get a good sleep,’’ and then the Further concessions recently gained trust. They have broken it again and bombs began. by the European Union would increase again, and now we are saying, ‘‘Oh, we Vote no and give it an opportunity. the benefits, as the agreement would trust them this time.’’ For the handful of undecideds that apply to all parties to the World Trade It is about the environment. There is have not made a decision, how will you Organization. not one word, not one word, in this feel about this vote 5 and 10 and 15 Congressional approval of PNTR also agreement about the environment. The years from now? How will you feel has implications for U.S. national secu- Chinese are the greatest producers of about it if after this vote takes and rity. Early this year, I led a small ozone-depleting chemicals in the world. they invade Taiwan and American men House Committee on Armed Services Not one word. The Chinese are the and women are killed? delegation on a trip to the Asia Pacific greatest producers of global warming Vote no tomorrow when you are region. Although we did not visit gases. Not one word. The Chinese are given a chance. China, we found in our meetings with the greatest violators of the CITES Mr. CRANE. Mr. Chairman, I yield 2 officials how much they told us the Agreement. The last Siberian tiger, the minutes to the distinguished gen- value of America’s presence and en- last Asian rhinoceros, will die to go tleman from Illinois (Mr. WELLER). gagement to the region is important. into their medicines. Not one word in Mr. WELLER. Mr. Chairman, I com- The state of U.S.-China relations is this agreement. mend my colleague from Illinois, the critical to the future stability, pros- No to so-called permanent normal chairman of the Subcommittee on perity, and peace in Asia. Encouraging trade relations for a nation that does Trade, for his leadership on this his- China to participate in global eco- not act normally. toric moment here as we debate the nomic institutions is in our interests Mr. ROHRABACHER. Mr. Chairman, issue of trade with China. because it will bring China under a sys- I yield 3 minutes to the gentleman Some have stood here in this well, tem of global trade rules and draw it from Virginia (Mr. WOLF). There has and more will, saying we should vote into the world community. It is in our been no stronger voice for human no as a sign of moral superiority over long-term interests to develop a rela- rights in this body than this gen- the Chinese. Some will say we should tionship with China that is stable and tleman. vote no because they dislike the polit- predictable. China will enter the World Mr. WOLF. Mr. Chairman, I am a free ical views of the Chinese leadership, Trade Organization based upon the trader. I voted for NAFTA. I was one of and some will vote no because they say votes of all 135 WTO members. the 30 Republicans that voted to bomb that we should close the door, essen- Mr. KLECZKA. Mr. Chairman, I yield Kosovo, so I am kind of tired with the tially build a trade wall around China. 2 minutes to the gentleman from Or- argument with regard to isolationists. Well, what this is all about is wheth- egon (Mr. DEFAZIO). What about the eight Catholic er or not we as Americans want to en- Mr. DEFAZIO. Mr. Chairman, I thank bishops, and now we know from the gage in trade and sell our products to the gentleman for yielding me time. CIA briefing there are more? What the world’s most populous nation, a na- The President and the Republican about the 50 evangelical house pastors tion of 1.3 billion people. We are going leaders and Wall Street say this agree- that are in jail? What about the over to be casting the vote, not whether or ment is about jobs. Well, it is about 400 Buddhist monks and nuns that have not we want to sell our products made jobs, job gains in China, and lost jobs been persecuted and are suffering in in States like my home State of Illi- for American workers. We are running that dirty jail in Lasa? What about the nois, or other States in our Nation to, a 60 billion trade deficit with China, Muslims that are being persecuted in 1.3 billion people. And who gets hurt if and the President’s own analysts, in the northwest portion of the country? we say no? Clearly those involved in looking at this agreement, the Inter- What about the fact that there are manufacturing products, those who are national Trade Commission, say it will more slave labor camps in China today involved in creating new technologies, reach a $120 billion deficit in 10 years than there were in the Soviet Union as well as those who provide food and under this agreement, if they live up to when Solzhenitsyn wrote the book fiber. it. That is if they live up to the agree- Gulag Archipelago? What about the 500 I am proud to say that my State of ment. women a day in China that commit sui- Illinois leads in all three areas as a Does anyone really believe that the cide, 56 percent of all the women in the major exporting State. Illinois ranks Chinese workers at 20 cents an hour world that commit suicide, because of third in exports in technology, Illinois constitute a huge market for U.S. forced abortions and their population ranks third in exports in agricultural goods? No. They represent a huge pool policies? What about the organ pro- products, and Illinois ranks at the top of cheap, oppressed labor that U.S. gram, where they will kill people to in manufacturing exports. China is a firms hope to better exploit under this sell the organs? tremendous market. agreement. It is about U.S. capital flee- I ask our side, and our side is forget- Think about it. The new economy, ing to China, manufacturing fleeing to ting the legacy of Ronald Reagan, I ask technology today, the average wage for China, to exploit cheap labor. our side, I wrote our side seven letters, our technology jobs in Illinois are 77 They say it is about trust, this agree- get the CIA briefing; go find out who percent higher than traditional busi- ment is about trust. The Chinese have they are selling the weapons to. Only ness sector jobs. China now has the po- broken every trade agreement they 45 Members took the time to get the tential, because of its huge population have ever signed with the United briefing, and yet every major defense and the desire by the average Chinese States of America. They are violating organization and veterans group came to go online and have a computer at them today, the 1979, the 1992, the 1994, out against this: The VFW, the Amer- home, China next year has the poten- the 1996. ican Legion, the Purple Heart. tial not only to be the second largest They are saying, oh, they are going What about the missiles directed PC market for personal computers on to lower tariff barriers. Guess what? against the United States? What about the globe, but also the second largest The Chinese do not use tariffs to keep the Cruise missiles they just purchased market for semiconductors. our goods out. They have a host of non- from China? What about the assault Ronald Reagan won the Cold War and tariff barriers that are constantly mu- weapons they put into this country? brought down the Berlin Wall and tating, unwritten rules to keep out What about it? brought freedom into the former Soviet U.S. goods, and, guess what? Their If this Congress, a Republican Con- Union because of the television and the leaders have gone on the radio and in gress, votes to give MFN, we will be on fax machine, and, of course, his leader- the press and television and told their the wrong side of the American people, ship. Today we have the opportunity, people not to worry, they can and will and we will be on the wrong side of his- because of the Internet, to expand our maintain those barriers against U.S. tory, and we, those who vote this way, values of freedom. Let us vote aye on manufacturers under this agreement. if this PNTR passes, will have the same permanent normal trade relations with They have given up nothing but beau- feelings that Chamberlain had when he China.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.151 pfrm06 PsN: H23PT1 H3604 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Mr. LEVIN. Mr. Chairman, I yield 3 empowering the people within China furniture in 96 different countries around the minutes and 10 seconds to the gen- with the free flow of information and world. The Trane Company, which has gone tleman from Wisconsin (Mr. KIND). ideas to make the changes that have to so far as to merge its domestic and inter- (Mr. KIND asked and was given per- be made by them to improve human national administrative units into one unified mission to revise and extend his re- rights, labor conditions and hopefully worldwide operation, exports 30±40% of their marks.) for a free and democratic society. total products. Trade is clearly a crucial part of Mr. KIND. Mr. Chairman, I thank my Now, those on the other side oppos- these companies' business, and that is only friend from Michigan for yielding me ing this, I think, do so for legitimate the tip of the iceberg. time. reasons: job security at home, concern FARMERS AND TRADE Mr. Chairman, we are here today to about human rights and political free- The fate of our farmers is also linked to con- begin debate on the most important doms abroad. I share these same con- tinued exports in world markets. American piece of legislation pending before this cerns. I think we merely differ over the farmers are the most efficient and productive Congress in this session, and probably best strategy on how to achieve these farmers in the world. At the same time, the for many years to come, whether to very important objectives. United States has less than 4% of the world grant PNTR to China and pave the way Mr. Chairman, I will vote yes for population, while China has 20%. U.S. agri- for their entry into the World Trade PNTR for many of the same reasons I culture productivity is increasing, but domestic Organization. vote for most of the issues in this Con- demand for its products is stagnant. We must I am supportive of PNTR because I gress, through the eyes of my two little be able to export more of our agricultural believe its passage is crucial to our boys, Johnny who is going to be 4 in products to relieve the oversupply of products long-term economic prosperity, as well August and Matthew who is going to be in our nation which is driving prices down. as our strategic and national security 2 this Saturday. They both, God will- The U.S. Dept. of Agriculture projects U.S. interests in the 21st century. I also be- ing, will live through and see most if farm exports will increase by $2 billion annu- lieve in what former Secretary of State not all of the 21st century. That is why ally by 2005 with passage of the China trade Cordell Hull was famous for saying, in my heart and with my conscience, I agreement. China has agreed to reduce dairy and that is, ‘‘When goods and products support PNTR. I do so because I believe tariffs from 50% to 12% enabling west coast cross borders, armies do not.’’ this legislation today gives us our best dairy producers to export more of their prod- But I do not want to stand up here opportunity to provide our children for ucts. Those exports should relieve the supply and oversell the merits of PNTR. I tomorrow the most prosperous, stable, pressure on our own domestic market which is think the rhetoric on both sides has and peaceful world in which to live as suppressing commodity prices. If Congress been overblown on this issue from time they embark upon their marvelous fails to pass this legislation, U.S. farmers and to time. journey through the 21st century. other workers will lose out on a vast new mar- b 1745 So I urge my colleagues to support ket in an economy that has grown about 10% passage of PNTR tomorrow, if for noth- annually over the last 20 years. But I do believe that the passage is ing else, for the sake of the future of MARTIN LEE vitally important to our long-term re- our children in the 21st century. lationship with the world’s most popu- In my conversation with Martin Lee, he ex- lated nation. And I also believe that we THE WTO AGREEMENT pressed to me his sincere belief that, given are at the crossroads of our relation- This trade agreement with China is truly his- China's almost certain accession to the WTO, ship with China. We can go one of two toric because it is one-sided. In October of it is in the best interest of the Chinese people directions. We can either continue to 1999, the United States and China reached a for Congress to approve PNTR. He believes a isolate and demonize and pursue a trade agreement that drastically and unilater- vote for PNTR will ensure that the United failed trade policy, a policy that is fail- ally lowers China's trade tariffs to our manu- States remains a full partner in the world com- ing our American workers and Amer- factured goods and farm products. The United munity's engagement with China, and will ican farmers today, and even failing States did not lower a single tariff to Chinese strengthen our position as a leader of reform. the people in China themselves; or we goods. China made this agreement in an effort The status quo, he said, will have no effect on could pursue a new policy through en- to gain America's support for its admission human rights in China, and in fact, may result hanced trade and, through strategic en- into the World Trade Organization (WTO). in entrenching hard-line, anti-reform positions. gagement with China, offer what I view Along with our support for China's entry into Making it easier for U.S. products and serv- is the best hope for peace and pros- the WTO, we must grant the same trade sta- ices to reach Chinese markets will force the perity and hopefully greater stability tus as we do all other WTO member nations. Chinese government to strengthen its legal in this world for our children. But let me be clear, this trade agreement system and respect the rule of law, which will But there are more notable and ex- will not make it any easier for China to export only serve to protect the political, labor and pert people than I on China that have more products into our country. This agree- civil rights of individuals in China. We empha- weighed in on this. Former President ment will not make it any easier for any com- sized that through the power of the Internet Jimmy Carter made this statement in pany to close a plant here to relocate in and the free flow of information and ideas that regards to PNTR, ‘‘When I became China. This trade agreement will, however, increased trade brings, faster progress can be President, one of the greatest chal- make it easier for U.S. firms to sell products made on human rights, labor conditions and lenges that I had to face was whether I in Chinese markets. eventually, a free and democratic China. should normalize diplomatic relations AMERICAN TRADE WORKER RIGHTS with China. There is no doubt in my The United States is the world's largest ex- Former United Auto Workers president, mind that a negative vote on this issue porter, selling over 26% more products abroad Leonard Woodcock, is also urging Congress in Congress will be a serious setback than our nearest competitor. International to pass PNTR and support China's entry into and impediment for the further democ- trade has been crucial in maintaining the long- the WTO. He argues that increased access to ratization, freedom and human rights est economic expansion in American history. Chinese markets eventually will improve con- in China.’’ The jobs of millions of American workers and ditions for Chinese workers. ``American labor And perhaps the foremost human the growth of thousands of American busi- has a tremendous interest in China's trading rights activist in China today, Martin nesses, large and small, are tied to global on fair terms with the United States,'' Lee, had this to say in support of trading and the accessibility of worldwide mar- Woodcock said. ``The agreement we signed PNTR during a discussion that I per- kets. with China this past November marks the larg- sonally had with him: ‘‘in short bring WISCONSIN TRADE est single step ever taken toward achieving China into the international forum and Companies large and small in my home that goal.'' hold her to the agreement rather than state of Wisconsin benefit from international IMPORTANCE OF VOTE exclude her. How can human rights im- trade. Companies like Accelerated Genetics in We face an important decision in Congress, prove by keeping China out? You pun- Westby, who have 215 employees and sell a decision that will shape our relationship with ish the government, but you punish the $20 million in annual sales, export over 45% the world's most populous nation. If you sup- people even more.’’ of their total business. The Turkey Store in port greater economic opportunities here at In fact, Mr. Lee also talked about the Barron County exports almost 20% of their tur- home, as well as the advancement of human power that the Internet provides by key products. Ashley Furniture in Arcadia sells rights and labor conditions in China, you

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.152 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3605 should support granting permanent normal happened in NAFTA; it is going to van- who support engagement with the trade relation status for China. ish. West, who have introduced the free en- While I do not want to oversee the merits of We want to talk about helping farm- terprise system to a limited degree, this trade agreement. I refuse to support the ers, the gentleman from Washington and who encourage following the rule current policy which is failing American work- (Mr. NETHERCUTT) has a bill, where is of law on the one hand, versus reac- ers and farmers, and in allowing repressive that bill? All of the sudden, we have to tionary elements, in particular in the conditions to continue in China. I support pas- have sanctions and cannot engage military, who would revert to the old sage of the China trade agreement because I countries. Do my colleagues know why ways of Mao Tse-type communism. believe it gives us the best hope for a more the bill of the gentleman from Wash- If anyone is being rewarded in China prosperous, safe and secure future for our ington (Mr. NETHERCUTT) is not here on with a vote for permanent normal children as we embark upon our marvelous the floor? Because Wall Street does not trade relations, it is the reformers who journey into the 21st century. want that bill. There is not enough have been catalysts for change, for Mr. KLECZKA. Mr. Chairman, I yield money to be made, but Wall Street progress for the good. What have these 2 minutes to the gentleman from wants this bill. A few on Wall Street reformists accomplished so far? I be- Vermont (Mr. SANDERS). want this bill, not the entire American lieve they have put China on a voyage Mr. SANDERS. Mr. Chairman, I business community, but a few on Wall thank the gentleman for yielding me in the direction towards freedom. Street because they want to go over There is a long way to go, but there has this time. there, manufacture the products and Mr. Chairman, after all is said and been substantial progress. President sell them back here. Bush himself said that the people of done, this debate is all about two The U.S. Chamber says we are going words, corporate greed. The largest China enjoy much greater freedom to get jobs out of this? That is like say- today than when we lived in China, and multinational corporations in this ing that you are going to send Jesse country are spending tens of millions that is the trend that we can be re- James to bring in the Dalton brothers. warding. of dollars on campaign contributions, We are not going to get a single job out In China today, local villages are advertising, and lobbying for one major of this. The American worker is on a having democratic elections for munic- reason, they must prefer to hire des- treadmill; they are strangled. They can ipal leaders. Millions of Chinese are perate Chinese workers at 10 cents, 15 barely make it, and what is going to practicing religions, including Chris- cents or 20 cents an hour than higher happen with this agreement is that tian religions. Workers can choose American workers at a living wage. Wall Street is going to take over. And Why would they want to hire an where they work for. Travel is open, in- it is not going to be Main Street; it is American when they can employ Chi- cluding travel abroad, and almost half nese women at 20 cents an hour and going to be Wall Street. Mr. Chairman, I hope the undecided of economic output in China is now pri- force them to work seven days a week, Members of this Congress realize they vately owned. Millions of Chinese citi- 12 hours a day and arrest them when have a choice today to stand up for zens have access to the Internet, and they try to form a union? That is a American workers. All we are asking there they have unlimited information good place for a large multinational for is a level playing field, not an ad- and ideas, including ideas about per- corporation to do business. sonal freedom, political freedom, the Mr. Chairman, American workers vantage, just a level playing field. That is what this is about. rule of law, all of the values that we today are working longer hours for cherish. lower wages than they were 25 years I hope the undecided Members, Mr. Chairman, realize that this is the most A vote for permanent normal trade ago. We do not need to punish them relations with China reinforces the re- further and by expanding the already critical vote in 50-some years, if we want to support American workers, formers; it reinforces this trend. China huge trade deficit that we have with has a long way to go, but I urge my col- China and costs us hundreds of thou- their families and their communities. We are not helping a single Chinese in- leagues to vote to help further em- sands of more jobs and push wages power the Chinese citizens to achieve down lower in this country. dividual by this bill. All we are doing is Mr. Chairman, this agreement is op- ripping down the American work struc- the freedoms that we take for granted. posed by unions representing millions ture. Do not permanentize this. If this Help the Chinese people on the begin- of American workers, by environ- is forced to be renegotiated, let me tell ning of this voyage towards freedom. mental organizations concerned about my colleagues, the American worker Vote yes for permanent normal trade the fragility of this planet’s environ- will win. Vote no. relations. ment, by religious groups such as the Mr. CRANE. Mr. Chairman, I yield 3 Mr. LEVIN. Mr. Chairman, I yield 21⁄2 U.S. Conference of Catholic Bishops minutes to the gentleman from Penn- minutes to the gentleman from Texas who are concerned about religious free- sylvania (Mr. TOOMEY). (Mr. BENTSEN). Mr. TOOMEY. Mr. Chairman, I would dom and human rights, by veterans or- (Mr. BENTSEN asked and was given like to ask my colleagues today, whom ganizations, like the American Legion permission to revise and extend his re- are we rewarding in China by opening and the VFW who are concerned about marks.) up China to our products and services? the issues of national security. Mr. BENTSEN. Mr. Chairman, I Mr. Chairman, let us have the guts to Clearly, we are awarding American workers and farmers who will be able thank the gentleman for yielding me stand up to the big money interests this time. who are more concerned about their to sell their products in China, but whom in China are we rewarding? Let me tell my colleagues, I rise in bottom line than the best interests of strong support of this bill, and I want the American people. Let us vote no on Some opponents of PNTR seem to think that this arrangement would re- to speak to the opponents of this bill. this issue. I think it is important that we note Mr. ROHRABACHER. Mr. Chairman, ward the government in Beijing which that my colleagues’ concerns are im- I yield 2 minutes to the gentleman they believe is unworthy. Mr. Chair- portant, and I do not disagree with my from Ohio (Mr. NEY). man, I lived in Hong Kong, and I have (Mr. NEY asked and was given per- traveled extensively and repeatedly colleagues’ concerns when it comes to mission to revise and extend his re- throughout Southeast Asia, including job loss through trade, and I do not dis- marks.) China; and I think that is the fun- agree with the concerns with respect to Mr. NEY. Mr. Chairman, this debate damentally wrong way to view this human rights. My colleagues are right could not occur today in China without deal. about the ailments; but they are wrong both sides being arrested, and this bill First of all, it assumes that the Chi- about the cause, and they are wrong does not make a difference to change nese political leadership is a unified about what prescription they would use that. I am for engagement, but this bill monolith of some sort. In fact, there to try and deal with this. engages the throats of the American are many factions in Chinese leader- We cannot stop the world and get off, workers. My colleagues talk about ship, many factions in Beijing, tensions and we cannot go back to the 17th cen- farmers and the great 9 percent tariff. between Beijing and the provinces and tury, we cannot go back to mer- Well, as soon as this bill passes, the fundamental world view differences be- cantilism, because it does not work. We currency is going to be manipulated, tween reformers in China who have ini- are a Nation of 4 percent of the world’s and it is going to vanish like that. It tiated economic and political reform, population. We consume 20 percent of

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.096 pfrm06 PsN: H23PT1 H3606 CONGRESSIONAL RECORD — HOUSE May 23, 2000 the world’s goods and services. The al- sands in Harris County and throughout Texas. United States, we must consider whether ternative to a bill like this that lowers The petrochemical industry is the most pro- those of us who regret such actions can effec- tariffs against U.S. goods and services ductive in the world, even though it pays com- tively change them through engagement or is to lift tariffs against imports coming paratively higher wages and is subject to strict disengagement. into this country. That might work in worker and environmental safety laws. While I believe walking away from China would be the very short run, but it would fail we lead the world in exports of petrochemical a failure which would free not a single political miserably in the long run, and Amer- products, United States market share in China prisoner, would not ease tensions with Tai- ican workers would pay dearly for that, is almost nonexistent at $2 billion, or less than wan, and would only strengthen the resolve of as would the American consumer. 5 percent. The elimination of state subsidies those in the Chinese People's Liberation Army Mr. Chairman, the best thing we can for domestic Chinese producers, along with a who oppose this agreement and any economic do is to adopt bills that open more reduction in tariffs against United States ex- liberalization as well. markets to U.S. goods and services ports, will allow United States producers to Furthermore, the Levin-Bereuter provision abroad and allow the American worker enjoy our comparative advantage and create contained in this bill ensures that the United to compete on a level playing field jobs at home. This holds true for the huge States will maintain public pressure on China's where productivity, which we have the Texas agriculture production market and oil treatment of its own people and its labor pol- most productive workforce in the fields services too. icy. This Helsinki-style congressional commis- world, bar none, is the key factor. We This agreement also includes significant sion will bring to light abuses, rather than cannot change the rules of economics safeguards against unfair Chinese imports and allow them to foster in the shadows under dis- in the modern world. Anything we try failure by the Chinese to move toward market engagement. to do on this floor, it will not work. liberalization. Chinese imports will be subject The WTO bans child and slave labor, and Second of all, with respect to the fact to countervailing duties, or tariffs, for 12 years the United States and other industrialized na- that the Chinese have an authoritarian after entry into the WTO against import surges tions must remain vigilant to enforce sanctions dictatorship, we understand that; but if that threaten to disrupt United States markets, against such practices in China and every- the United States is to walk away from and for 15 years against imports ``dumped'' on where else in the world. Greater economic ties not only benefit the that, our trading partners throughout the U.S. market as a result of predatory pric- United States, but will help bring social and the rest of the world, the European ing actions. In some cases, this language is political change in China. Few can deny that Union, the other countries in Asia, are tougher than current law. And, I want to com- only too happy to pick up the slack consumerism has changed the former Soviet mend our colleagues, Mr. LEVIN and Mr. BE- and trade with them. This is not South bloc, Europe or even America, putting greater REUTER for their work in putting these provi- Africa. This is not apartheid. This is freedom in the hands of individuals. If the sions into law and lessening the discretion in much different than that. We do much Congress fails to adopt PNTR and the United their implementation. States walks away, change in China will hap- better by engaging the Chinese than The agreement also will open up the Chi- pen less quickly and at our expense. walking away. Not passing PNTR will nese consumer market to United States tele- not free one political prisoner, and it Mr. KLECZKA. Mr. Chairman, I yield communication, automobile and financial serv- 2 minutes to the gentleman from New will probably stall a move towards de- ices industries where we have been locked Jersey (Mr. PASCRELL). centralization of the Chinese economy, out. Imagine the power of the Internet to pro- market liberalization and political lib- Mr. PASCRELL. Mr. Chairman, I am mote democracy in China, or the lack of eralization. at the same podium, but this is a ter- power by the state to control free speech, Mr. Chairman, it would be a grave rible deal. We have lost our moral com- mistake not to pass this. The United thought and expression through the Internet. pass. We really have. It is a bad deal We currently have a trade deficit with China States will be much better off in the for the United States, and it is cer- due in large part to the fact our markets are long run, American workers and Amer- tainly a bad deal for New Jersey and open to their goods and China's markets are ican consumers, and ultimately, the my district, the 8th Congressional Dis- restricted to ours. Failing to pass PNTR will do Chinese people as well. trict. Mr. Chairman, I ask my colleagues to nothing to reduce this trade deficit, and in fact, We are expected to lose, according to support this bill. may make it worse. Alternatively, raising U.S. the government’s own reports, over Mr. Chairman, I rise in support of this legis- barriers to trade would fail in a trade war 22,000 jobs. We have been granting NTR lation granting China permanent normal trade greatly at our own expense. A nation such as each and every year for the past 20 relations, or PNTR, as a part of a bilateral the United States which represents 4 percent years, and what have we seen? What trade agreement between the United States of world population, but consumes 20 percent has happened? Human rights, labor and China. This agreement will allow for Chi- of the world's goods and services, cannot long rights, environmental rights, national na's entry into the World Trade Organization prosper in a closed market. Only gaining security interests have gotten worse and significantly reduce tariffs and other bar- greater access to other markets can the year after year; and it has been docu- riers to United States goods and services. United States continue to grow and create mented. So with this vote, the down- This agreement is in the best interest of Amer- jobs. ward spiral will continue to plummet. ica, including our workers and businesses. It is true that in some areas, cheap labor Mr. Chairman, 875,000 jobs lost, PNTR will accomplish much more for the puts U.S. manufacturing at a disadvantage; sucked out of the economy. Not only United States than it will cost. The agreement but again, whether we pass PNTR or not will has NTR been disastrous, but our in- reduces Chinese tariffs on United States ex- not alleviate the disadvantage. On balance, creasing trade with China has done ports to China, on average, by more than 50 however, we know that trade creates more nothing to foster this so-called reform. percent. Currently U.S. exports are subject to jobs than it costs, particularly in those indus- Last week, the World Bank, over tariffs of 25 percent on industrial products, 13 tries where the United States is more produc- United States objections, agreed to percent on information technology products, tive. But we should also be concerned about provide $232 million in loans to the and nearly 32 percent on agricultural products. those who lose their jobs due to trade. government of Iran against our wishes. These tariffs price our goods out of the mar- My support for PNTR is conditioned on the b 1800 ket. Conversely, since the United States mar- establishment of a Presidential commission to ket is virtually wide open, most Chinese goods look at our trade adjustment assistance pro- The State Department stated that are not subject to tariffs. grams and make recommendations to the giving support to Iran will, quote, send The United States-China Bilateral WTO Congress on how we might better provide the wrong signal, the State Depart- Agreement lowers tariffs against United States workers with the tools to make the shift to ment said, to their government. That exports but not against Chinese imports. Per- other high-paying jobs. Tariffs and other bar- government which is regressive, intol- haps even more significant are the provisions riers provide only a short-term remedy and erant, non-Democratic, aggressive. in the agreement which require elimination of should be reserved for punitive action, not as Does that sound familiar? state subsidies and allow for United States ex- a long-term solution. The irony, of course, is that these are porters to conduct trade and distribution with With respect to whether the United States the same people in the State Depart- private parties in China, rather than state- should enter into such an agreement with ment who are spending night and day owned and controlled trading companies. China given its record on human rights, use of trying to send the Chinese Government Take, for example, the United States petro- slave and child labor, and sometimes bellig- the wrong signal about PNTR. We need chemical industry, which employs tens of thou- erent attitudes toward its neighbors and the a no vote for America tomorrow.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.154 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3607 Mr. ROHRABACHER. Mr. Chairman, fense University, and the Institute for rights as a condition to granting permanent I yield 41⁄2 minutes to the gentleman Defense Analysis on China Nuclear normal trade relations. The Spokeswoman of from New York (Mr. GILMAN), the Weapons and Arms Control noted that the Chinese Foreign Ministry said that such a chairman of the Committee on Inter- the U.S. Government remains con- watchdog body constituted interference in Chi- national Relations. cerned about China’s arms control per- na's internal affairs. She noted that ``This is (Mr. GILMAN asked and was given formance, reporting that China has not something we can by no means accept''. permission to revise and extend his re- brought its biological warfare activi- In short, there are no indications that this marks.) ties into accord with its international commission can play an effective role in pro- Mr. GILMAN. Mr. Chairman, I rise in treaty obligations; and its continued moting human rights inside China. I would opposition to the legislation before us support to Pakistan’s weapons program note, furthermore, that this proposal is in the today authorizing the extension of non- has been a source of mounting concern jurisdiction of the International Relations Com- discriminatory treatment to the Peo- as well. mittee and should receive full and ample re- ple’s Republic of China. Congress I submit to my colleagues, by grant- view by our panel before it is brought to the should not give up the leverage we ing PNTR to China we will be sacri- floor of the House. presently have which provides for an ficing much of our ability to affect China's enormous trade deficit with us of annual review of normal trade rela- public scrutiny on China’s human some $70 billion has fueled its military build- tions with China. We have ongoing sig- rights practices. up and has emboldened the dictators in Bei- nificant concerns in our relations with I would also note that the recent re- jing to claim areas of the Philippines and other China with regard to trade enforce- port of the United States Commission democratic neighbors in the region. China's il- ment, with regard to violations of on International Religious Freedom in- legal occupation of Tibet and brutal repression human rights, with regard to religious cluded a recommendation by all 9 com- of the Tibetan people continues unabated. freedom, with regard to China’s nu- missioners that the Congress not grant We are told today by many of our col- clear proliferation and other important PNTR to China until substantial im- leagues that by giving Permanent Normal issues. provements are made in respect for re- Trade Relations to the People's Republic of These issues can and must be ad- ligious freedom in that country. China, we will be granting significant benefits dressed before we approve the measure While the nine voting members of the to American businesses without giving away before us today. Yes, let us consider U.S. Commission on International Reli- anything to China. business with China in the days ahead, gious Freedom include strong free I strongly disagree with that contention. I be- but first let us take a good, hard look trade proponents and who represent a lieve that supporting PNTR will give china at these violations. Extending normal wide diversity of opinion and religions, something it desperately wants: relief from the trade relations to China on a perma- they are unanimous that China needs spotlight on its poor human rights record. nent basis will send a powerful message to take concrete steps to release all Under the current annual review arrangement, determining China’s role in the global persons imprisoned for their religious we in the Congress are able to open a door economy and in the community of na- beliefs, to ratify the International Cov- to examine the human rights situation in China tions for years to come, but it is a mes- enant on Civil and Political Rights and each and every year. Along with our attention comes the attention sage we can ill afford to send so long as to take other measures to improve re- of the world. Our hearings and debates focus there is no freedom of speech there, no spect for religious freedom. the cameras and tape recorders and word freedom of association, and no freedom Accordingly, Mr. Chairman, I urge processors of the news media. We have the of religion in China. our colleagues to oppose this measure. bully pulpit on this issue, and I am very con- Mr. Chairman, China’s enormous Mr. Chairman, I rise in opposition to the leg- cerned that once we give it away, we will trade deficit with us of some $70 billion islation before us today authorizing the exten- never get it back. has fueled its military build-up and has sion of nondiscriminatory treatment to the I ask my colleagues, are Chinese human emboldened the dictators in Beijing to People's Republic of China. rights and labor practices important to us? I claim areas in the Philippines and Congress should not give up the leverage believe that they are the most important in the other Democratic neighbors in the re- we presently have which provides for an an- world today. China has the world's largest gion. China’s illegal occupation of nual review of normal trade relations with population and one of the fastest growing Tibet and its brutal repression of the China. We have ongoing significant concerns economies. If China is allowed to trample on Tibetan people continues unabated. in our relations with China with regard to trade individual freedoms, then how can we tell In- We are told today by many of our enforcement, human rights, religious freedom, donesia or Malaysia or Nigeria or Sudan or colleagues that by giving permanent nuclear proliferation and other important any other nation that they cannot? normal trade relations to the People’s issues. These issues canÐand mustÐbe ad- The Beijing regime has fought a vigorous Republic of China we will be granting dressed before we approve the measure be- public relations battle to win this philosophical significant benefits to American busi- fore us today. argument. They have manipulated prisoner re- ness without giving anything away to Extending ``normal trade relations'' to China leases, effectively blackmailed dozens of China. I strongly disagree with that on a permanent basis will send a powerful countries and nearly corrupted some of very contention. I believe that supporting message determining China's role in the glob- own American corporations with their efforts. PNTR will give China something it des- al economy and in the community of nations We cannot shrink from this battle of values. perately needs and wants, relief from for years to come. But it is a message we can Public opinion polls show that many Ameri- the spotlight of its poor human rights ill afford to sendÐso long as there is no free- cans have deep reservations about our poli- record. dom of speech, no freedom of association, cies toward China and the proposal to extend Under the current annual review ar- and no freedom of religion in China. normal trade relations to that country. rangement, we in the Congress are able On May 10th, our International Relations A recent joint report by the Council on For- to open a door to fully examine the Committee held a hearing on extending PNTR eign Relations, the National Defense Univer- human rights situation in China each to China including Representatives CHRIS COX sity and the Institute for Defense Analysis on and every year. and SANDER LEVIN who argued for the consid- China, Nuclear Weapons, and Arms Control I ask my colleagues, are Chinese eration of so-called parallel legislation. It is my noted that the U.S. government remains con- human rights and labor practices im- understanding that the study group advocated cerned about China's arms control perform- portant to us? I believe they are. I be- in this legislation, including the Congressional- ance. It reports that china has not brought its lieve they are the most important in Executive Commission on the People's Re- biological warfare activities into accord with its the world today. China has the world’s public of China, is now contained in the bill treaty obligations. And its continued support to largest population, one of the fastest before us today, H.R. 4444. Pakistan's weapons programs has been a growing economies. If China is allowed It is my understanding that this Commission source of mounting concern as well. to trample on its individual freedoms, has no enforcement mechanism and largely By granting PNTR to China, we will sacrifice then how can we tell Indonesia or Ma- duplicates existing human rights monitoring much of our ability to affect public scrutiny on laysia or Nigeria or Sudan or any other and reporting requirements. In a press report Chinese human rights practices. I would also nation that they cannot? from China on May 12th, shortly after our note that the recent report of the United States A recent joint report by the Council hearing, China said it opposed any plans by Commission on International Religious Free- on Foreign Relations, the National De- the U.S. to set up a group to monitor human dom included a recommendation by all nine

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.156 pfrm06 PsN: H23PT1 H3608 CONGRESSIONAL RECORD — HOUSE May 23, 2000 commissioners that the Congress not grant then we will come in. You come in and about protectionism versus free trade. PNTR to China until substantial improvements fix it and help them work through this, It is not about business versus labor. It are made in respect for religious freedom in that has been my experience. is not even about China haters versus that country. I just wanted to share that. China apologists. While the nine voting members of the U.S. Mr. LEVIN. Mr. Chairman, I yield 2 No, it is a vision of the world trade Commission on Intn'l Religious Freedom in- minutes to the gentleman from Ten- worthy of America in the 21st century. clude strong free trade proponents and who nessee (Mr. TANNER). It is about whether 21st century glob- represent a wide diversity of opinion and reli- (Mr. TANNER asked and was given alism will have any guiding principle gions, they are unanimous that China needs permission to revise and extend his re- or whether it will be an aimless trading to take concrete steps to release all persons marks.) frenzy with no consideration of work- imprisoned for their religious beliefs, to ratify Mr. TANNER. Mr. Chairman, I was ers’ rights, of human rights, of reli- the International Covenant on Civil and Polit- over in the office listening to the de- gious rights, of environmental protec- ical Rights and to take other measures to im- bate and I know, as anyone here knows tion. prove respect for religious freedom. that has been listening, that the oppo- Yes, it is about engagement. This Accordingly, Mr. Chairman, I urge our col- nents of this legislation feel very whole debate is about whether to bring leagues to oppose this measure. strongly about it. We understand, China into a rule-based trade regime. Mr. CRANE. Mr. Chairman, I yield those of us who support it, those feel- The great irony of all of this is that myself such time as I may consume. ings; and it is tough. the proponents of PNTR insist on the Mr. Chairman, I would remind our Let me just say this: Number one, need for rule-based trade agreements, distinguished colleague that the esti- nothing around here is permanent. If backed up with sanctions. mates are that in less than 5 years, 230 one believes that, we can change the So, I ask, why do we need rule-based million Chinese will be classified as law tomorrow if the Chinese mis- trade agreements in trade but we do middle-income consumers with an an- behave, as some have said. not need rule-based agreements in any nual retail sales rate exceeding $90 bil- More important than that, this is not other area that we think is important? lion, almost $1 trillion, a year; and I about China. I hear people talking Real engagement extends beyond would urge him also to try and have an about what is going on in China: China, trade. Trade in the 21st century will be opportunity to speak with Billy China, China. This is about what is and must be about more than how Graham’s son who has been involved in good for us. This is a trade bill for the many widgets enter and leave a port. the missionary activities in Mainland United States, not for China. A no vote is not a retreat. A no vote China for several years. Know what is important in this bill is a vote for engagement, if we have Mr. Chairman, I yield 2 minutes to that nobody has thought about it and the wisdom to have real engagement. our distinguished colleague, the gen- talked about, and I think is very cru- I urge my colleagues to oppose this tleman from New York (Mr. HOUGH- cial? It is that as good as the tariffs bill. TON). coming down so our stuff can go over Mr. KLECZKA. Mr. Chairman, I yield Mr. HOUGHTON. Mr. Chairman, one there and go in that is made in this 2 minutes to the gentleman from Ohio of the advantages of old age is not nec- country providing jobs for our citizens, (Mr. KUCINICH). essarily wisdom but a lot of experience, but the second thing is that the Chi- (Mr. KUCINICH asked and was given and I do not pretend to try to convince nese, in this agreement, agree to do permission to revise and extend his re- those who are already convinced of away with their government-owned marks.) their position. I just want to say how I corporations that limit the amount of Mr. KUCINICH. Mr. Chairman, the feel about this particular issue. exports by that mechanism to go in book of Genesis tells the sad story of I am very strongly in favor of perma- there. Esau, son of Isaac, who sold his birth- nent normal trading relations with So what we can have with this agree- right for a mess of pottage. China, and I will say why. I have found, ment for us, not for China, I do not As Americans, our birthright is life, in my experience, that for every job much care what happens in terms of liberty, and the pursuit of happiness. that goes overseas that there are two China other than how it affects the The tradition of our country has been jobs that are created in this country. citizens of this country, and what is the unfolding of those liberties, includ- One can say 850,000 have left. I do not good for us is we have private enter- ing freedom of speech, freedom of reli- know what the number is, but I bet prise in this country doing business gion, including workers’ rights and many fold have come back into this with private enterprise in China. human rights. This is our birthright. country. That has been my experience. My colleagues say they want to The Chinese people do not enjoy One does not send a job abroad to change the status quo in China? That is these freedoms. They suffer under slave make a product primarily to send back going to change the status quo in labor, prison labor, no workers’ rights, into the United States. Sometimes China more than any other single no human rights. They suffer from reli- that happens, but it is mostly to take thing, in my judgment, we could pos- gious repression. They do not have, as care of that market. sibly do. we do, above their center of power, the Secondly, we are not standing here So I say this is a trade bill not for words, ‘‘In God We Trust.’’ making a decision in isolation. There China but for us. It is good for the Those words, if we stand by our val- are other people out there who do not United States. It is good for our citi- ues, infuse us with powerful moral want us to have this agreement. They zens. leadership. That is why we need to hold want us to stay absolutely still in the I will say one other thing. China can- the moral high ground with annual re- water so their businesses, whether it is not be isolated by voting no. Know who view of human rights and labor prac- the South Koreans or the Germans or is going to be isolated if my colleagues tices of China. It is access to our mar- the Japanese, can get in there and take vote no? They are going to isolate us, ket which enables us to hold the moral the lead on this, and once one has been because the EU, the European Union, high ground. in business there, in established rela- the South Americans, Japan, and the The multinational corporations with tionships, it is very difficult to get in. rest of Asia are going to take that mar- their single-minded dedication to prof- Lastly, from a very practical stand- ket and they are going to isolate us, it at all costs cannot be expected to de- point, I have set up about four plants not them, if my colleagues vote no. fend workers rights anywhere, let in China, and the experience which we Mr. KLECZKA. Mr. Chairman, I yield alone in China. It is our duty to defend have had has been we have moved in, 2 minutes to the gentleman from New workers’ rights and human rights, and we have given people dignity, good pay- Jersey (Mr. HOLT). we have no right to abdicate that re- ing jobs, benefits. They have then gone Mr. HOLT. Mr. Chairman, I thank sponsibility ever. out into their community and changed the gentleman from Wisconsin (Mr. b the democratic, the political, the KLECZKA) for yielding me this time. 1815 human rights, the environmental as- Mr. Chairman, it is unfortunate that Chinese workers are paid as little as pects of those communities. One does so many observers have gotten it 3 cents an hour. Whose values are not stand back and say, you fix it and wrong. The China trade vote is not those? The Chinese government which

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.098 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3609 uses slave labor; the global corpora- human rights, how wonderful it would agreement with the Chinese Govern- tions which capitalize on slave labor. be to improve workers’ rights, religious ment and will now be codified. The How many hours do Chinese people freedom, all those things would be Levin-Bereuter provisions, not only en- have to work to account for a $70 bil- great. But what is all of our primary sure that Chinese play by the rules in lion trade deficit with the United responsibility as representatives of the trade; but, more importantly, they States? How many American manufac- people of the United States? Is it to, in strengthen U.S. law to provide quick turing jobs will go to China’s workers fact, insure human rights across the and effective weapons if there is a vio- who are paid 3 cents an hour? world? As laudable as that goal is, no, lation. The bill includes language from There is a myth that if one digs a that is not our prime responsibility. Is Levin-Bereuter, urging that the WTO hole deep enough, one will reach China. it to, in fact, insure workers’ rights? approve both the PRC’s and Taiwan’s We have dug the hole deep with a $70 No, that is not our primary responsi- accession in the same General Council billion trade deficit. We will learn to- bility. It is not even our primary re- session. morrow if we have reached China. If in sponsibility to insure religious free- All of these provisions are major im- that hole we put our jobs, decent dom. provements that make this overall wages, workers’ rights, and human We have one responsibility, the prime package a good bill. We are entering rights, will we cover up that hole and directive: protect and defend the people into a trade agreement with China that claim victory? of the United States. will create a more balanced relation- But, Mr. Chairman, peace and justice Vote no on this bill. ship than any initiative to date. This is already our birthright. Freedom of Mr. CRANE. Mr. Chairman, I yield debate should be about ensuring that speech and freedom of religion are al- 31⁄2 minutes to the distinguished gen- China plays by the rules in trade, and ready our birthright. Workers’ rights tleman from Pennsylvania (Mr. that they honor commitments made in and human rights are already our ENGLISH). this agreement. birthright. Will we, like Esau in Gen- (Mr. ENGLISH asked and was given Mr. Chairman, a China disengaged is esis, sell our birthright for a mess of permission to revise and extend his re- more likely to be a rogue country in pottage which multinational corpora- marks.) the new century. A China engaged is tions offer? Mr. ENGLISH. Mr. Chairman, this more likely to move down the sunlit What is the price of freedom? Do we debate that we undertake today is path of human rights. I challenge every so little value freedom that we are pre- about better, stronger, fairer trade one of my colleagues to vote to engage pared to sacrifice our lives, our for- with China, which in time will pave the China, a China to which we can export tunes, our sacred honor? Vote against way for social and political reforms. our goods along with our values. PNTR. Some of these reforms are already evi- Mr. Chairman, I include two edi- Mr. ROHRABACHER. Mr. Chairman, dent today. torials from my district in favor of nor- I yield 2 minutes to the gentleman Pennsylvania has exported more than mal trade relations, as follows: from Colorado (Mr. TANCREDO). $297 million in goods to China in 1998. [Editorial Column—The Erie Morning News, Mr. TANCREDO. Mr. Chairman, I am Voting for this agreement forces China May 21, 2000] going to bring my colleagues tonight a to take down tariff barriers and non- If we can believe the American business hypothetical bill. This bill has three tariff barriers that have prevented even community, windfalls will follow if the Con- parts: part one provides billions of dol- larger Pennsylvania exports. Increas- gress goes along with President Clinton and lars of aid to Beijing in order to sta- ing the amount of exports to China will approves permanent normal trade relations bilize the regime; part two provides only help in creating jobs, not only in with China. American labor—which has support for the Chinese military infra- Pennsylvania, but also throughout our never met a free trade measure it liked—sees structure as it prepares to attack its country. PNTR as another job-killer. As usual, nei- ther forecast tells the full truth. neighbors; part three provides direct Last November, the U.S. Trade Rep- Opening the huge China market by allow- aid to the PLA. Now, that is my hypo- resentative Ambassador Barshefsky ing the Communist nation to join the World thetical bill I bring to my colleagues completed historic negotiations with Trade Organization will undoubtedly be lu- tonight. I ask my colleagues, Mr. the People’s Republic of China and crative—in time. No windfalls. Chairman, who would vote for this bill? managed to craft an agreement that As with the equally contested North Amer- If we clear away everything else that would provide access to the Chinese ican Free Trade Agreement with Canada and we have talked about, it does boil down market while requiring no concessions Mexico, some American jobs will vanish with to this, because I will tell my col- by the U.S. Let us be clear about this. free and open trade with China. But no one will hear giant sucking sounds as American leagues, Mr. Chairman, I was, in fact, This is no NAFTA. We do not make a jobs are lost to China, as labor preaches. one of the Members that went to the single job-killing concession in this Similar divisions afflict Congress as it pre- CIA briefing. When one goes to the CIA legislation. pares to vote on PNTR later this week. The briefing and when one asks specific The bill we consider today would U.S. Senate is expected to back PNTR with questions about these issues, this is allow the U.S. to benefit from those ne- little fuss, but war has begun in the always what one comes back with; that, in gotiations. The bill will not determine fractious House of Representatives. fact, doing what we are about to do whether or not China enters the WTO. The Republican leadership is guiding will provide aid to the regime in order China is entering the World Trade Or- PNTR despite loud opposition from some GOP members who seek leverage to force to stabilize it. It will provide aid to the ganization with or without this legisla- China to end human rights abuses. military in order to attack its neigh- tion. House Minority Leader Richard Gephardt bors. It will provide direct aid to the I must admit, Mr. Chairman, that I is against PNTR, as is the bulk if the Demo- PLA, to the People’s Liberation Army. entertained serious concerns when this cratic caucus. So labor still threatens pas- How is this, my colleagues ask? It is issue was first raised. I was concerned sage. simple. The PLA owns the business. about human rights and fair trade, We find China’s recent behavior offensive. When the gentleman from Ohio (Mr. which are critical to building a long- We also realize the 20-year Most Favored Na- tion Status charade did nothing to moderate KUCINICH) talked about private busi- term stable relationship with China. Beijing’s repeated rights abuses. nessmen doing private business with Luckily, through the bipartisan leader- Our support for PNTR is based on simple other private businessmen, Mr. Chair- ship of my friends and colleagues, the reality. China is not Cuba. It is the most man, the PLA, they own 100 percent of gentleman from Michigan (Mr. LEVIN) populous nation in the world, with the the telecommunications business in and the gentleman from Nebraska (Mr. globe’s fastest growing economy. It is sense- China. They own most of the signifi- BEREUTER), many of these issues have less for the United States to treat the Asian cant businesses, either surreptitiously been addressed convincingly. colossus as anything else than a superpower or directly. Yet this is the bill I bring Let us look at the facts. The Levin- likely to emerge later this century. Bereuter plan provides better oversight With China’s markets open, with American to my colleagues tonight. goods—and American popular culture—flow- If my colleagues could just escape all for human rights and protections than ing throughout this giant nation, dramatic of the other things, erase all of the exist under current law. It provides reforms will eventually follow. The old Com- other thing we talk about, and how strong and enforceable anti-surge pro- munist leadership will be just as powerless wonderful it would be to improve tections, which are part of the original to stop these forces as its decreased former

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.160 pfrm06 PsN: H23PT1 H3610 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Soviet and Eastern block comrades (and as commerce is responsible for nearly one- economy to the imperatives of a chang- Fidel Castro would be in Cuba if American fourth of America’s gross national product. ing world and once more assert our policy weren’t based on Cold War myths). American labor leaders, fearful as they are leadership.’’ These words hold truth for We understand these are difficult votes for about the effects of the trade bill, also us today. many in Congress, who despise the Chinese should recognize that Chinese leaders are This legislation, I believe, is good for Communists or who fear labor. But then, just as worried although for different rea- Congressman didn’t seek office merely to sons. the American worker; and it opens the vote on popular, easy issues. As pointed out in the New York Times by greatest market for the products they Side legislation creating a commission to Beijing reporter Elisabeth Rosenthal, private make to a much greater market. monitor China’s performance offers political enterprise that has grown in China over the This House and our Nation, I think, cover for nervous Democrats. Even Erie’s last decade has taught ever greater numbers really owe a debt of gratitude to the 21st District Republican Congressman Phil of Chinese that they can live independent of gentleman from Michigan (Mr. LEVIN) English ‘‘emphasized the importance of the the government. Nurturing that growing and the gentleman from Nebraska (Mr. proposal’’ to the Wall Street Journal after sense of confidence is the Internet, with its Bereuter). Refusing to turn their backs voting with the Ways and Means Committee promise of unfettered worldwide communica- on history, they, instead, chose to to approve PNTR and send it to the House tion, which carries voices of opposition and make history by writing legislation floor last week. democracy in China out to the rest of the English will vote for PNTR because he un- world despite the communists’ determina- that brings the framework of the fa- derstands the stakes China has agreed to tion to hold onto power. Such steps toward mous Helsinki courts to our relation- join the world community and play by its prosperity, confidence and freedom deserve ship with China. trade rules with entry into the WTO. as much support as possible. Mr. Chairman, I urge my colleagues That is where America’s influence is, with Instead of opposing the China trade bill, to support this legislation. I believe China as a full trading partner—not some labor leaders should see exciting possibilities that we will seize a historic oppor- junior member of the world community who in the opportunity to compete for the busi- tunity, not only for our country and its must be monitored like a troubled child. ness of 1.2 billion potential buyers for every workers, but that future generations The United States tried that approach kind of American product from grain, meat, will say that we took an important with China and Most Favored Nation Status livestock, fruits and vegetables to computer step, seized the opportunity for our the last 20 years. It’s time to join the real hardware and software, medicine, machinery world. and construction equipment and consumer people. goods of every description. So I thank my colleagues for this op- [Our View—The Herald, Sharon, Pa., May 21, Seeking to boost trade with China won’t, portunity, and I thank especially the 2000] as labor leaders fear, diminish America’s gentleman from Michigan (Mr. LEVIN) CONGRESS SHOULDN’T LET ORGANIZED LABOR willingness to fight for its interests, as we for the work that he has done. DERAIL U.S.-CHINA TRADE VOTE have seen over and over. The most recent ex- Mr. Speaker, today our nationÐand this Approval of the China trade bill Wednesday ample came Tuesday when the U.S. Inter- CongressÐstand at the beginning of a new by two key legislative panels, the House national Trade Commission levied punitive century and with it comes a new opportunity to Ways and Means and Senate Finance com- duties on apple juice concentrate following a export our products to the largest emerging mittees, bodes well for next week when the determination that China was dumping the market in the world. House is expected to take up the thorny product here at prices below the cost of pro- Today America is enjoying unparalleled eco- duction. There’s no reason to think that issue of permanent normal trade relations nomic success. We're the envy of the world. for China. after normalization of trade with China that American business interests and officials Economic growth is sustained. Unemployment Bipartisan support for the historic meas- is low. Inflation has been kept at bay. The ure has been building although the final will be any less insistent on fair trade of vote, by all accounts, will be close. Most steel, pipe, machinery or other industrial New Economy has brought new wealth and House Democrats, particularly those most goods as for agricultural products. new opportunities to our nation and its work- closely allied with organized labor in indus- It’s been three decades since Richard Nixon ers. trial states, are stubbornly resisting pleas visited Beijing in 1972 and established cordial I'm proud to represent a district which is for their votes from both Republican leaders relations with China. Since then, each suc- home to Silicon Valley and where the high and the Clinton Administration. ceeding administration has worked toward a technology industries are the primary contribu- Congressmen still opposed or sitting on the closer partnership between the two countries tors to the economic engine of our New Econ- and it’s time to take the next big step. fence should vote for the historic measure omy. that rightfully should be seen as having as Mr. LEVIN. Mr. Chairman, it is my But this issue is larger than any one indus- many benefits for workers as for businesses, privilege to yield 2 minutes to the gen- try or any one Congressional District. Presi- manufacturers, farmers, consumers and tlewoman from California (Ms. ESHOO). dent Kennedy said, lovers of personal freedom. Ms. ESHOO. Mr. Chairman, today our Passage of the bill into law—it’s expected Economic isolation and political leader- to have an easier time in the Senate—would Nation, and I believe this Congress, ship are wholly incompatible. The United end the annual exercise of renewing China’s stand at the beginning of a new cen- States has encouraged sweeping changes in trade status and grant the world’s most pop- tury; and with it comes the new oppor- free world economic patterns in order to ulous nation the same normal trade rela- tunity to export our products to the strengthen the forces of freedom. But we tions and lower tariffs that the United largest emerging market in the world. cannot ourselves stand still. We must adapt our own economy to the imperatives of a States extends routinely to nearly every America today is enjoying unparal- other country. The bill also would assure changing world and once more assert our leled economic successes. We are the leadership. China’s entry into the Geneva-based World envy of the world. Economic growth is Trade Organization which overseas world These words hold true for us today. This trade and provides mechanisms to resolve sustained. Unemployment is low. Infla- legislation is good for the American worker. It disputes among members. tion has been kept at bay. The new opens the greatest market of this new century Organized labor, desperate to defeat the economy has brought new wealth and to American products and American values. bill, has trumpeted such already well known new opportunities to our Nation and its I want to salute our colleagues, Congres- criticisms of China as its poor record on workers. I am proud to represent a dis- sional LEVIN and BEREUETER for refusing to human rights and denial of religious freedom trict which is home to Silicon Valley turn their backs on history and instead choos- as well as its history of economic piracy and and where the high technology indus- ing to make history by writing legislation that disregard for environmental standards. tries are the primary contributors to However, labor and other opponents should brings the framework of the famous Helsinki take another look at what the record shows the economic engine of our new econ- Accords to our relationship with China. and stop refusing to accept that easier omy. Mr. Speaker, China's outdated politically- trade—and the growing prosperity it brings— But this issue is larger than any one decrept political system has shown over fifty is the most effective cure for the repression industry or any one congressional dis- years that it can repress its people by keeping and other ills of communism. The higher trict. President Kennedy said, ‘‘Eco- them closed off from the rest of the world. I standard of living increased trade can pro- nomic isolation and political leader- doubt they can succeed with this economic vide for China’s 1.2 billion people is the most ship are wholly incompatible. The and political repression in the face of an Inter- powerful tool to promote democracy there United States has encouraged sweeping and continued prosperity for American work- net society where millions of computers and ing families. changes in free world economic pat- wireless telephones will connect China to the More trade would add to the 1.3 million terns in order to strengthen the forces rest of the world. An Internet society punches new American jobs attributed to growth in of freedom, but we cannot ourselves a thousand holes in the dike of political re- imports and exports since 1993. International stand still. We must adapt our own pression. China not only will be exposed to

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4634 Sfmt 9920 E:\CR\FM\A23MY7.102 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3611 American values, but it will become part of the that show that we need to negotiate a China’s size makes China special. It community of nations. better deal. is a monster that can greatly distort I urge my colleagues to vote yes to extend First, the International Trade Com- the economics of world trade. But more permanent normal trade relations to China and mission and the official authoritative importantly, with China’s centralized thus seize this historic opportunity. body of the Federal Government issued authority, the totalitarian control of Mr. KLECZKA. Mr. Chairman, I yield a report. It says this deal will increase both the consumers and the workers 2 minutes to the gentleman from New our $70 billion trade deficit and cost and the means of production, every- Jersey (Mr. MENENDEZ). America 872,000 jobs over the next 10 thing is under control, and that also is (Mr. MENENDEZ asked and was years. That is right. Permanent NTR a danger to world trade. given permission to revise and extend does not just make the trade deficit No one in this government is willing his remarks.) permanent, it makes it bigger. to give us an honest study and an hon- Mr. MENENDEZ. Mr. Chairman, I be- Second, the gentleman from Cali- est assessment of the damage that has lieve in free trade. But to me, free fornia (Mr. BERMAN) and the gentleman already been done by NAFTA with its trade is not just about the products we from Pennsylvania (Mr. WELDON) pre- monstrous drain on manufacturing jobs are trading. It is also about the people sented an amendment to the Com- on this country’s economy. But China who make them. If after more than a mittee on Rules this afternoon which has the capacity to do 100 times more quarter century of engagement, the would simply state that China will lose damage than Mexico did with the success of our human rights and de- its access to our markets if it invades NAFTA blunder. mocracy efforts in China can be meas- or blockades Taiwan. This amendment China’s trade is great for our retail ured in forced abortions, arrest of dis- is consistent with GATT. But I expect establishment. Yes, they like to go and purchase items for a few pennies and sidents, Tiananmen Square, religious that the Committee on Rules will re- sell them for many dollars at a tremen- persecution, ethnic cleansing in Tibet, ject it because the administration will dous profit in our retail stores. China’s child labor, slave labor, aggression reject it because China will not accept trade is great for our manufacturing against Taiwan, and the arrests of the it. concerns, to take their plants and pick Falun Gong, then our record is not a Now, who is to blame? China? If it in- them up and have products manufac- success at all but a dismal failure. terprets the proceedings of this House tured in China and brought back here The victims of this failure are not as a green light to blockade or invade and sold in a standard in line with our just the Chinese people. The adminis- Taiwan, and if this House is willing to tration and American companies con- quality of life. grant permanent NTR, even if China For the managers, the executives, tinue to accept displaced American blockades or invades Taiwan, what workers as inevitable casualties of eco- and the investors profits leap upward would the other body do? What would forever in this China deal. But for ordi- nomic war for which there is virtually the proponents of trade suggest? no assistance. I know I will not. nary Americans, the statistics and the We must insist that the Berman- records tell the tragic side of the story. Our trade deficit with China con- Weldon language is included in this tinues to grow, from a $6 billion deficit Already world trade has cost us a great statute. If it is not, then we are being deal. The gap between workers and the a decade ago to an almost $70 billion vague when clarity is called for. We deficit today, all while the Chinese people on the top keeps growing. China will be at fault if China is misinter- is a disaster. Vote ‘‘no’’ on this trade Government continues to break prom- preting our mood, and we will be the ise after promise, agreement after bill. precipitators of those in China who say Mr. Chairman. I am strongly opposed to agreement. That $70 billion benefit to they are free to invade Taiwan or granting permanent normal trade relations to China is what they have, in essence, blockade Taiwan. China and, knowing the strong feelings on been investing in their military budg- Keep in mind how easy it is to block- both sides of the issue, will explain the rea- et. ade Taiwan. It just takes a press re- sons for my objection. Free trade exists when two countries lease saying that the next freighter Permanent normal trade relations with open up their doors to compete on a into Taipei or into Taiwanese ports China will increase America's trade deficit, level playing field, not when one coun- will be hit by a Chinese missile, and contrary to what many believe. In 1999, Amer- try, the United States, opens its doors that economy shuts down. We cannot ica exported one-third less of agricultural prod- wide while the other, China, cracks its allow misinterpretation. We need the ucts to China than in the previous year and door open an inch while reserving the Berman-Weldon language. Otherwise, the resulting deficit affected two-thirds of all right to slam it shut if we ever dare this bill becomes the Taiwan blockade agricultural commodities exported to China. In ask for what they consider to be too authorization act. fact, America's 1998 cotton export surplus to much. Mr. KLECZKA. Mr. Chairman, I yield China of $118 million turned to a $12 million Have we gotten to the point where we 2 minutes to the gentleman from New trade deficit in 1999. From 1995 to 1999, will throw all of our values out the York (Mr. OWENS). American export of fresh apples to China fell window, even protecting children from (Mr. OWENS asked and was given by 79 percent, while we imported twice the forced labor, in order to maximize cor- permission to revise and extend his re- dollar amount of dried apples from China than porate profits? marks.) we exported in fresh apples. While we ex- Our leadership, our international b 1830 ported no peanuts to China in 1999, we im- leadership, comes from these values, ported peanuts from China for the first time in not just our profits. That is the Amer- Mr. OWENS. Mr. Speaker, in trade 1998 and exported only $14,000. This was a ica I believe in. That would be the kind agreement after trade agreement the drop from $60,000 worth of peanuts exported of true free trade bill that would be U.S. negotiators have allowed them- to China in 1994. worth fighting for. This is a bill that selves to be swindled before. Now we How can we believe that simply giving needs to be soundly defeated. are dealing with a very different kind China permanent normal trade relations status ANNOUNCEMENT BY THE CHAIRMAN of animal. China does not have a mar- will reverse this very clear trend? This in- The CHAIRMAN. The Chair will re- ket economy. It has an economy that crease in agricultural imports from China to mind all persons in the gallery that has no name. It is a complex situation the United States has occurred simultaneously they are here as guests of the House, where we are about to be swindled while overall United States exports to China and that any manifestation of approval again. has steadily decreased. The result is a signifi- or disapproval of proceedings or other Without a doubt, the totalitarian cant agricultural trade deficit for the United audible conversation is in violation of government of China has the world’s States. Granting permanent normal trade rela- the rules of the House. largest workforce. China also has the tions status to China will not automatically re- Mr. KLECZKA. Mr. Chairman, I yield most oppressed and most thoroughly calibrate the balance of trade between our two 2 minutes to the gentleman from Cali- manipulated urban workforce on the countries. And historically, China has failed to fornia (Mr. SHERMAN). face of this Earth. In the country that honor trade agreements with the United Mr. SHERMAN. Mr. Chairman, I wish promised to be the paradise for the pro- States. What makes proponents of permanent to bring two new developments to the letariat, there are no free unions. normal trade relations believe that it will be attention of this House, developments Workers cannot organize. any different after approval then it is now?

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 E:\CR\FM\A23MY7.105 pfrm06 PsN: H23PT1 H3612 CONGRESSIONAL RECORD — HOUSE May 23, 2000 But of equal concern to me is the well- legislation to fix two problems with national Operations and Human Rights known record of China in human rights viola- legislation that I have prepared on the of the Committee on International Re- tions. This extends to the workers in China Trade Act of 1934 and the Trade Adjust- lations. We have looked at this at who will be the recipients of American jobs ex- ment Assistance Act of 1974 to provide every angle. Another commission is ported there under the misguided belief that that equity and that fairness that I am nice, but it should not be done in lieu permanent normal trade relations with China asking for in international trade. It of substantive action. will be a positive thing. At the current 25 cents has not been forthcoming in this legis- Let me also point out that I too chair an hour in manufacturing wages for the aver- lation. the Helsinki Commission. This does age worker in China, the temptation for multi- I have not been uncommitted but not look like the Helsinki Commission. national corporations to move business from very clear about my position. If we can Let me just remind Members that the America to China will only be exacerbated by fix the problem and help the workers U.S.S.R. and the Warsaw Pact nations granting it permanent normal trade relations face an uncertain future, I would vote all signed the Helsinki Final Act in status. Right now, a few multinational corpora- for this. But if not, I will vote against 1975. It was a process. China is not tions are draining away assets from Federal, it. going to be signing this pact. Let me state and local coffers and taking their busi- Symptomatic of what lies ahead are also point out that MFN was denied to ness to other countries that have less ethical the defective issues in the U.S. agree- the U.S.S.R. while we had this accord and stringent standards under which their citi- ment with China that are reflective of called the Helsinki Final Act. zens earn a living. Are we to condone and the broader pattern of international And, finally, we have commissions. support this trend by making it easier for those trade where we have failed to enforce The U.S. Commission on International multinational corporations to export jobs away existing law. What hope do workers in Religious Freedom has come out unani- from America? American industry have about the fu- mously admonishing Members of Con- This negative trend for American trade will ture of a broader trade agreement when gress to vote ‘‘no’’ on PNTR because of not be helped by granting China permanent existing law is not vigorously, effec- the deteriorating situation on religious normal trade relations status. It will simply in- tively enforced? We ask only for that. freedom. crease our dependency on foreign imports and It has not been forthcoming. I see no Let me just conclude, Mr. Chairman. set in motion a dangerous precedent that hope that it will. I am voting no. My colleague, the gentleman from Ten- could see the eventual disappearance of the Mr. ROHRABACHER. Mr. Chairman, nessee (Mr. TANNER), said nothing is prosperity and productivity that America has I yield 21⁄2 minutes to the gentleman permanent. If they misbehave, he said, built to an incredible degree over the last 8 from New Jersey (Mr. SMITH), a human maybe something could be done. Let years. rights advocate who has earned that me just point out the fact is that this International concerns that should give pro- reputation through many years of dictatorship is misbehaving on a grand ponents of permanent normal trade relations human rights work in this body. scale. It does beg the question, is there with China pause is China's unchanged rep- Mr. SMITH of New Jersey. Mr. Chair- anything that they can do, any abuse utation for support of radical factions; like Iran, man, I thank the gentleman for yield- they can perpetrate that does not lead Iraq, and Libya and for bullying Taiwan. ing me this time, and I rise in strong to the loss of PNTR? I urge a ‘‘no’’ vote By granting permanent normal trade rela- opposition to PNTR, and tonight I es- on this resolution. tions status to China, we send a message to pecially urge the remaining undecided Mr. CRANE. Mr. Chairman, how multinational corporations that it is OK to si- Members to look at China’s ever-wors- much time do I have remaining? phon money from American communities and ening human rights record and look The CHAIRMAN. The gentleman move assets abroad with impunity. We say to long and hard at the compelling threat from Illinois (Mr. CRANE) has 3 minutes China: ``It is OK to practice human rights viola- that PRC poses to Taiwan on both the remaining. tions and aid and abet rogue nations in the short and intermediate term as they Mr. CRANE. Mr. Chairman, I yield 2 international arena. build up with U.S. missile and com- minutes to the gentleman from Oregon The proper course of action for the United puter technology and Russian ships, (Mr. WALDEN). States Congress is to deny permanent normal and the threat to the U.S. itself. The Mr. WALDEN of Oregon. Mr. Chair- trade relations to China. We must not allow VFW and the American Legion have man, I thank the gentleman for yield- American jobs to disappear and resurface taken a long look at this issue and ing me this time. abroad. We must not turn a blind eye to Chi- they have urged a ‘‘no’’ vote on PNTR. Brent Scowcroft, U.S. Air Force lieu- na's intransigence on world security issues. Mr. Chairman, a few moments ago tenant general, retired, and former Na- Let us not turn back the clock on what we the gentleman from Texas (Mr. BENT- tional Security Adviser, said of this have been able to accomplish over the last SEN), who takes the view that is con- vote, ‘‘Denying permanent normal eight years. We must say no to permanent trary to my own, rightly called China a trade relations will remove none of the normal trade relations for China. We must say dictatorship. Our business partners, blemishes that China’s opponents have no to the betrayal of slave-wage workers in Mr. Chairman, in Beijing indeed are identified.’’ China and to workers in America. Mr. KLECZKA. Mr. Chairman, I yield dictators, and they are directly respon- Denying PNTR will not fix the prob- 2 minutes to the gentleman from Min- sible for heinous crimes against hu- lem in China. None of us is here to de- nesota (Mr. OBERSTAR). manity, including the systematic use fend the abysmal human rights record Mr. OBERSTAR. Mr. Chairman, I of torture, the laogai or slave labor, of the Chinese, but, frankly, it is better thank the gentleman for yielding me where hundreds of thousands of people, today than it was during the cultural this time. thousands of gulags or laogai are used revolution. Things are improving. Ren Mr. Chairman, the question before to make goods that are then exported Wanding, leader of the 1978 Democracy the House is permanent normal trade to the United States. And the MOU Wall Movement in China said, ‘‘Before relations for China. But the previous that we have with them is not even the sky was black. Now there is a light. question, the larger question, the larg- worth the paper it is printed on. This can be a new beginning.’’ er issue is fairness for domestic indus- They have given new meaning to the I was in China at the beginning of tries and our workers, equity for Amer- word union busting. Those brave Chi- this month with the Secretary of Agri- ican workers. nese who speak up and try to organize culture and several Members of this When subsidized goods from foreign are thrown into jail and they too are Congress, two of whom just today fi- sources flood our markets, not protec- beaten. As a result of the one child per nally made up their minds to support tion but prompt, vigorous, efficient en- couple policy, brothers and sisters are PNTR after much serious discussion. forcement of our existing trade laws, illegal. Forced abortion, properly con- PNTR vote is a vote about what hap- has not happened in the steel industry strued as a crime against humanity by pens here in this country as much as it in the United States. We have lost the Nuremberg War Crimes Tribunal is the hopes of some of us to change 350,000 jobs in basic steel and 10,000 jobs are going on in China on a massive that country. in the iron ore mining country of my scale today. There is no toleration of Today, in my home State of Oregon, district. dissent in the PRC. they are preparing the first shipment For the past 4 months, I have asked I have had 18 hearings, Mr. Chair- of wheat to go to China in 26 years, be- the administration and backers of this man, in my Subcommittee on Inter- cause until this bilateral agreement

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.099 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3613 came along, China used one of those We must ensure China lives up to its Mr. Chairman, I rise in strong opposi- nontariff barriers, called TCK SMUT, commitments in this agreement. We tion to this trade agreement. When with a zero tolerance to preclude us must encourage American companies people talk about this, the first thing from ever selling wheat into China. to uphold the very best of our values in they say is, we ought to have a trade And they were successful for 26 years. China. We should not shrink from this agreement so we can engage with That changes tomorrow when the ships challenge and this opportunity by re- China. Well, if this theory is so smart, leave Portland, Oregon, with 50,000 fusing to engage with China. We must why do we not try with Cuba first? Be- metric tons of wheat. continue to highlight China’s human cause some of the same people who That is important. My farmers are rights shortages and encourage the have dramatic opposition to engage- suffering. If there is one thing I have voices of progressive change in that ment with Cuba, our neighbor 90 miles heard over and over again as I have country. away, think that this is the greatest gone around my district is about bad I urge my colleagues to support this thing since sliced bread. past trade agreements that left us on important legislation. I have severe questions about this the wrong side. This one forces China Mr. KLECZKA. Could the Chairman agreement. It seems to me we have to open its markets, reduce its tariffs, inform the sides how much time is re- come to a point in our history where and puts us on a better playing field maining. we worship at the altar of new markets when it comes to trade. And that is so The CHAIRMAN. The gentleman to the total exclusion of all other for- important to people who are facing from Wisconsin (Mr. KLECZKA) has 7 eign policy objectives, and I do not bankruptcy and disruption of their minutes remaining, the gentleman think that makes good sense. markets. from California (Mr. ROHRABACHER) has Let us talk about engagement. We And, my colleagues, if we do not pass 21⁄2 minutes remaining, the gentleman have been engaged with China, and the PNTR, we give the European Union, from Illinois (Mr. CRANE) has 1 minute report card is abysmal. They have not who we know subsidizes their farmers remaining, and the gentleman from complied with the provisions of GATT, and ranchers to an extraordinary Michigan (Mr. LEVIN) has 21⁄2 minutes something that is already in place. We amount, our bilateral agreement, and remaining. annually renew our trade relations we stick it to American farmers. And Mr. KLECZKA. Mr. Chairman, I yield with China. Let us see the results. that is wrong, Mr. Chairman. 2 minutes to the gentlewoman from Human rights violations continue to Mr. LEVIN. Mr. Chairman, I yield 2 California (Ms. WOOLSEY). proliferate. They have not been re- minutes to the gentlewoman from Cali- (Ms. WOOLSEY asked and was given duced. fornia (Mrs. CAPPS). We look at our trade deficit. It is the Mrs. CAPPS. Mr. Chairman, I rise in permission to revise and extend her re- worst in the history of the United support of this legislation. I thank the marks.) Ms. WOOLSEY. Mr. Chairman, I rise States. They outnumber us six to one gentleman from Texas (Mr. ARCHER), in terms of our trade relationship. the Chairman of the Committee on today in opposition to granting perma- They have a distinct advantage in our Ways and Means, and the ranking nent normal trade relations to China. member, the gentleman from New York Entering into a trade agreement with relationship with them; our engage- ment with them certainly has not (Mr. RANGEL), for their leadership in China, given their current record on bringing this bill to the floor. human rights and workers’ rights, to helped. I acknowledge the hard work and me, is like marrying someone we hope When we look at piracy of intellec- passion of good friends on both sides of to change. After the vows are taken, tual property and when we look at the issue; leaders on one side elo- we then tell that person what is not every element of our relationship, we quently stating the challenges that re- right with the relationship and what see we have not benefited from this so- main in our relationship with China, needs to be done differently. It does not called engagement. others highlighting the opportunities work. I urge rejection of the trade agree- this agreement presents for Americans Today, the U.S. imports 36 percent of ment. and the China people. I believe we all Chinese exports, but working condi- Mr. KLECZKA. Mr. Chairman, I yield share the same goals. tions remain horrible. They are bad in 1 minute to the gentleman from New We all want to expand our economy the factories, where the sneakers are Jersey (Mr. ROTHMAN). and to increase opportunities for all made, where the TVs are made. Yet we (Mr. ROTHMAN asked and was given Americans. And we all want to encour- buy those products, and U.S. compa- permission to revise and extend his re- age reform in China, nurturing freedom nies in China and the Chinese manufac- marks.) for over 1 billion people, making the turers have done nothing to improve Mr. ROTHMAN. Mr. Chairman, I world a safer place for everyone. This workers’ rights. thank the gentleman for yielding me debate has shown that people of good What is most alarming is that many the time. intentions can strongly disagree on a of these products are made by very, Mr. Chairman, today we are deciding means to achieving the same ends. very young children, who work more United States trade policy with the I am convinced that passing perma- than 12 hours a day for very small People’s Republic of China. Given the nent normal trade relations and engag- wages; and they work 7 days a week. fact that China is a communist nation ing with China is the best course for and that it regularly violates the b 1845 our economy, our national security, human rights of its own citizens, the and the Chinese people. I know that in- It is pitiful that the U.S. is ignoring United States Congress, rightfully, creased exports of wine, citrus, beef, the awful conditions that these chil- every year decides whether to treat and other farm products will benefit dren face. PNTR with China would be a China that year with restrictive or nor- the families of my central coast dis- bad marriage. After the honeymoon mal trade relations. trict in California. And I know the hype fades away, we would be left with This year Congress is being asked to high-tech industry, so critical to our nothing except the same old China, give up this annual review. And the economic future, will gain critical ac- where children work in virtual slavery. question is, should we do so? cess to Chinese markets. But I also The United States must not say ‘‘I While I believe in free trade because strongly believe the Chinese people do’’ to China until the Chinese people it can be in America’s national secu- will, in the long run, win as well. have freedom and the American people rity and economic interest, and while I note the recent statements by the have responsible trade policy. China’s leaders have made some Dalai Lama endorsing China’s entry I urge my colleagues to vote ‘‘no’’ to- progress from their days as an inward- into the World Trade Organization and morrow. looking regime, China has broken by Taiwan’s new president in support Mr. KLECZKA. Mr. Chairman, I yield every one of the six trade agreements of PNTR. These are calls for continued 1 minute to the gentleman from Mary- it has signed with the United States engagement with China, and they are land (Mr. WYNN). since 1992. calls we should heed. Mr. WYNN. Mr. Chairman, I thank It is clear to me that not enough But passing PNTR is only the first the gentleman for yielding me the progress has been made or even at- step. The real work now lies before us. time. tempted in the important areas of

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.168 pfrm06 PsN: H23PT1 H3614 CONGRESSIONAL RECORD — HOUSE May 23, 2000 human and worker rights and in pro- forced abortion in China. So one could Mr. LEVIN. Mr. Chairman, I yield tecting the environment in China. ask, well, why are we here giving per- myself the balance of the time. I hope the time will come when the manent trade status to China? What is Mr. Chairman, the annual review great nation of China will earn the this issue all about? process has been, basically, a failure. right to permanent normal trade rela- My colleagues, the issue is all about We need both to gain the benefits from tions with the great Nation of the money. The issue tonight is money, what we negotiated and find a better United States. They have not done so corporate profits for our industry and way to impact China. yet. corporate boards. That is what it is all The Helsinki Commission worked not I urge my colleagues to vote ‘‘no’’ on about. because the USSR agreed; but because PNTR for China. Now, we have heard from the pro- we, the U.S., persevered. If we per- Mr. LEVIN. Mr. Chairman, I yield 2 ponents that, gosh, we cannot isolate severe with the provisions in the bill minutes to the gentleman from Vir- China, we cannot refuse to trade with that the gentleman from Nebraska (Mr. ginia (Mr. MORAN). them, we should not be protectionist. BEREUTER) and I and many others have Mr. MORAN of Virginia. Mr. Chair- And it is all nonsense. Because every- put together, the best interests of our man, I can understand the trends with- one talking on the floor, be they for or workers and our producers will prevail. in this country. They are historic to- against this resolution, know that we Mr. CRANE. Mr. Chairman, I reserve wards protectionism and isolationism. are going to continue, like today, trad- the balance of my time. But they have not prevailed. And we ing with China. Mr. ROHRABACHER. Mr. Chairman, have benefited as a result of our con- So what is the big deal? The big deal I yield myself the balance of the time. fidence in the future, our ability to is do we give China tomorrow perma- Mr. Chairman, today we have heard compete. nent trading status with our country? many things that do not really rep- But if we look at who in China is op- Do we throw open the doors to prom- resent a real analysis of what PNTR is posed to this treaty, who wants us to ises of hundreds of thousands of new all about. We have been told that reject it tomorrow, certainly the mili- jobs? Or should we, like we have for al- PNTR means there are no concessions tary wants us to reject it, because they most the past 20 years, review this on our part. Give me a break. I mean, want their people to believe that they country and their abuses on an annual no concessions? We have frozen into should be putting their resources into basis and then on this floor make a de- our reality unfair trade tariffs from gearing up for a military confrontation cision? now to forever. with the United States. So they want That is the question. It is not protec- Let me give my colleagues an exam- us to reject it. tionism. It is whether or not Congress, ple of PNTR. Car tariffs are going to be The people who run the state-owned the elected officials, will continue to 25 percent. They are going to say, oh, enterprises want us to reject this trea- review this. well they are higher now. Yeah, they ty because they are afraid of competi- I was told about the hundreds of are higher now, but then they are going tion with the United States. They do thousands of jobs when NAFTA was to bring them down and freeze them not want to have to worry about pro- passed, the trading agreement with forever at an unfair level. Car tariffs 25 viding better working conditions for Mexico. My colleagues, I come from percent. Motorcycles 35 percent. VCRs their people, worrying about the envi- Milwaukee, Wisconsin. A short time 30 percent. Color TVs 30 percent. Corn ronment, providing the kinds of bene- ago, Master Lock, little bicycle locks 65 percent. Rice 65 percent. Sugar 65 fits that we provide in higher standard and big locks, small locks, they an- percent. of living to the people who work for nounced that they were going to close These are the tariffs that they are American corporations. the plant, lay off 400 workers in the going to have on our goods while our And certainly the Communist Party Milwaukee area, and move that to tariffs are just going to, again, as we wants a no vote. They want a no vote Mexico where the average wage we are have had for these last 10 years, almost because they know if they are put told is about 50 cents an hour. down to nothing. This freezes us into under the international rule of law and We cannot compete with that. Well, an unfair economic relationship with if they have almost unfettered Internet that is not going to happen in China. the world’s worst human rights abuser. access to their people, if they cannot Baloney. The average wage in China is The Levin-Bereuter proposal that in control what their people read and see 13 cents. Master Lock should have some way just eliminates our review is and believe, they, the Communist waited for this and then ran to China. going to do some good for the people of Party, lose control over their people; Well, but we are going to have trade China; we are eliminating the review the people of China will be liberated; and they are going to buy American that we have. Their only restraint on the people of China will be able to deal goods. The per capita income in China their violations of human rights we are with us. That free enterprise will pre- is about $750 a year, $750 a year. How taking away by permanent normal vail, that democracy will prevail, that many Jeep Cherokees can the Chinese trade relations. human rights will prevail. buy from us? How many refrigerators? What is this again? As I started out, All of these hardliners in China want How many computers? this whole debate is about what? It is a no vote. But America needs a yes My colleagues, the issue here is about whether or not we are going to vote. This may be the most important money, money, money. continue the subsidies of American thing we can do for our children’s chil- We were told when we had a hearing businessmen through the Export-Im- dren, from a military standpoint, from before the Committee on Ways and port Bank who are making their in- an economic standpoint, and from a Means that, under this agreement, in- vestments in Communist China to take moral standpoint. vestment in China is going to become advantage of that slave labor at the China needs to be an economically more secure and more profitable. And taxpayers’ expense by the taxpayers independent ally, not an isolated mili- that sent up a red flag for this fellow guaranteeing that investment. That is tary threat. They need to be an eco- because that means American capital what is fueling this whole debate nomic opportunity, not someone who is is going to go over there in droves and today. Nobody wants to recognize it. closed off. And certainly, the people of instead of shipping products, they are What we are doing is building the in- China need an opportunity to under- going to be made there; and we are frastructure, the technological and stand that we have it right, that indi- going to be shipping machine tools and manufacturing infrastructure, of the vidual freedoms is what the human production equipment, only to have the world’s worst human rights abuser and condition is all about. widgets and the tires and the auto the country that poses the greatest Give the Chinese people a chance. parts come back here displacing Amer- threat to us militarily in the future. Vote ‘‘yes.’’ ican workers. We are creating a monster with blood Mr. KLECZKA. Mr. Chairman, I yield All we are asking today is let us re- on its hands. The blood on its hands is myself the balance of the time. view this and see if China is worthy of dripping from the hands of this terrible Mr. Chairman, over the last couple permanent. Let us look at it year to totalitarian regime. They have been re- hours we are told about slave labor, year. Congress comes back every year pressing their religious believers and child labor, human rights abuses, like the swallows to Capistrano. people who believe in democracy. And

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.170 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3615 we want to have a permanent normal ers in April to ``rally the troops,'' so to speak. My vote ensures we give American workers trade relationship with them to help Joined by the CEO of Honeywell, Michael the tools to compete with the world, and win. them build up their technological capa- Bonsignore, we articulated five main points Moreover, by extending a permanent trading bilities. that are deciding factors in my support of relationship with China, we ensure that China Such immoral policy-making will trade with China. adheres to our rules in the global marketplace, come back and hurt the United States. First, extending permanent normal trading and that along with our goods and services, This is Neville Chamberlain’s strategy relations with China is a win for fairnessÐthis we export American values and democratic with Adolph Hitler, build up his econ- agreement forces China to adhere to our ideals. omy that he will not dare to commit rules-based trading system. Without an agree- b 1900 aggression. ment, there are no rules, and we have no say We will be hurt very badly if we pass whatsoever in how China conducts its busi- The CHAIRMAN. All time allotted this. Oppose PNTR. ness with the rest of the world. for general debate has expired. Mr. CRANE. Mr. Chairman, I yield Second, it's a win for U.S. workers and Under the order of the House of myself the balance of the time. businessesÐChina is an incredibly important today, the Committee rises. Mr. Chairman, I would like to read a emerging market with more than a billion con- Accordingly, the Committee rose; quote of President Chen Shui-bian, the sumers. America's world class businesses, and the Speaker pro tempore (Mr. newly inaugurated President of Tai- large and smallÐmanufacturers, high tech/ BURR of North Carolina) having as- wan: ‘‘We would welcome the normal- biotech companies, entertainers, farmers, fi- sumed the chair, Mr. LAHOOD, Chair- ization of U.S.-China trade relations, nancial institutionsÐknow that being shut out man of the Committee of the Whole just like we hope the Cross Strait rela- of China, especially as China opens its doors House on the State of the Union, re- tions between Taiwan and China can to the rest of the world, is a very big mistake. ported that that Committee, having also be normalized. We look forward to Third, trade with China is a win for Amer- had under consideration the bill (H.R. both the People’s Republic of China’s ican values inside ChinaÐthrough free and 4444) to authorize extension of non- and Taiwan’s accession to the WTO.’’ fair trade, America will not only export many discriminatory treatment (normal The next quote is from the EU Trade products and services, but we will deliver a trade relations treatment) to the Peo- Commissioner Pascal Lamy, who said, good old fashioned dose of our democratic ple’s Republic of China, had come to no ‘‘WTO entry has benefits for China, as values and free-market ideas. These ideals resolution thereon. it has benefits for EU companies, and it are already percolating in China Ðinterest- f will enhance EU-China relations and ingly, today there are more Chinese share- that has just been concluded.’’ holders in private companies in China than SPECIAL ORDERS And finally, ‘‘American businesses there are members of the Chinese Communist The SPEAKER pro tempore. Under and religious leaders need to remain Party! the Speaker’s announced policy of Jan- engaged in China as an example and as Fourth, international trade, whether with uary 6, 1999, and under a previous order a voice for our values. Rejecting the China or any other nation, means jobs for of the House, the following Members constructive bilateral trade agree- New Jerseyans, and continued prosperity for will be recognized for 5 minutes each. our state. That's the bottom line. Out of New ments offered by the Chinese and deny- f ing normal trade relations would mean Jersey's 4.1 million-member workforce, almost 600,000 people statewideÐfrom Main Street The SPEAKER pro tempore. Under a severing ties that would take genera- previous order of the House, the gen- tions to repair.’’ to Fortune 500 companiesÐare employed be- cause of exports, imports and foreign direct in- tleman from Indiana (Mr. BURTON) is I would remind colleagues, this may recognized for 5 minutes. be the most critically important vote vestment. China ranked as New Jersey's 9th largest (Mr. BURTON of Indiana addressed they will cast in their entire career in export destination in 1998, an increase from the House. His remarks will appear the Congress of the United States. 13th in 1993. Our Garden State exported $668 hereafter in the Extensions of Re- Mr. Chairman, I yield back the bal- million in merchandise to China in 1998, more marks.) ance of my time. than double what was exported five years ear- Mr. FRELINGHUYSEN. Mr. Chairman, f lier. With a formal trade agreement in place, American business men and women have The SPEAKER pro tempore. Under a imagine the potential as access to China's eyed China for years, knowing that the sky is previous order of the House, the gentle- vast market is improved! Enormous opportuni- the limit when it comes to selling American woman´ from New York (Ms. ties exist for New Jersey's telecommuni- VELAZQUEZ) is recognized for 5 min- made goods and services to the world's larg- cations, environmental technology, healthcare, est market. But Americans have found it dif- utes. ´ agriculture and food processing industries. (Ms. VELAZQUEZ addressed the ficult to trade with China since complete ac- Fifth and finally, in the interests of world House. Her remarks will appear here- cess to this vast market has been restricted. peace, it is absolutely a mistake to isolate after in the Extensions of Remarks.) In today's global market, we can no longer China, a nation with the world's largest stand- afford any restrictions on trade with the world's ing army, an estimated 2.6 million-member f largest population. We must engage China, force. America's democratic allies in Asia sup- The SPEAKER pro tempore. Under a and ensure that American companies and port China's entry into the World Trade Orga- previous order of the House, the gentle- American workers have the tools to compete nization because they know that a constructive woman from Idaho (Mrs. CHENOWETH- with other nations in Chinese markets. Re- relationship with China in a stable Asia offers HAGE) is recognized for 5 minutes. member, when America competes, we win. the best chance for reducing regional tensions (Mrs. CHENOWETH-HAGE addressed That's why I voted for a permanent trading re- along the Taiwan Strait, and for avoiding a the House. Her remarks will appear lationship between the United States and new arms race elsewhere in Asia. hereafter in the Extensions of Re- China. I am fully aware of the controversy sur- marks.) In fact, over the past year I have taken an rounding my vote. Indeed, humanitarian and f active role in promoting America's free trade environmental issues remain important to me The SPEAKER pro tempore. Under a with China. Specifically, in Washington, as a in our dealings with China. But I refuse to be- member of the House Leadership's China previous order of the House, the gen- lieve that if we walk away from China our na- tleman from Washington (Mr. Trade Team, I have worked with House Rules tional interests would be better served. In fact, NETHERCUTT) is recognized for 5 min- Chairman DAVID DREIER and my colleagues in I am positive to do so would deter from our utes. support of extending permanent normal trade ability, and our credibility, to push reform in relations, PNTR, with China. (Mr. NETHERCUTT addressed the China and around the globe. House. His remarks will appear here- Back at home, I have met with hundreds of As General Colin Powell said, ``From every after in the Extensions of Remarks.) people in New Jersey's business community standpointÐfrom a strategic standpoint, from to encourage them to organize and help the standpoint of our national interests, from f spread the word about the benefits increased the standpoint of our trading interests and our The SPEAKER pro tempore. Under a trade with China will bring home to the Garden economic interestsÐit serves all of our pur- previous order of the House, the gen- State. In fact, Chairman DREIER and I assem- poses to grant permanent normal trading rela- tleman from North Carolina (Mr. bled a group of New Jersey's business lead- tions with China.'' ETHERIDGE) is recognized for 5 minutes.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.172 pfrm06 PsN: H23PT1 H3616 CONGRESSIONAL RECORD — HOUSE May 23, 2000 (Mr. ETHERIDGE addressed the years of history, while fulfilling their Jewish would expand for my 5 minutes’ worth House. His remarks will appear here- identities. Efforts to portray these individuals a little bit on the points that have been after in the Extensions of Remarks.) as participants in a ``Zionist spy ring'' are ludi- made today. f crous. They are innocent and should be re- I think it was vital that people not The SPEAKER pro tempore. Under a leased immediately. miss the point that the gentleman previous order of the House, the gen- Since the beginning of the Islamic revolu- from Colorado (Mr. TANCREDO) stressed when he gave his speech, and that was tleman from Virginia (Mr. DAVIS) is tion, the government has claimed that it re- that many of the companies that we recognized for 5 minutes. spects Jews and the Jewish community. In- are talking about that have been (Mr. DAVIS of Virginia addressed the deed 25,000 Jews still live in Iran. But this has opened up and that people are talking House. His remarks will appear here- been a difficult 20 years for the Jewish com- about doing business with in Com- after in the Extensions of Remarks.) munity in Iran. The government has consist- munist China are companies that are f ently articulated anti-Israel and anti-Zionist propaganda. A number of Jews have been ex- owned by the People’s Liberation The SPEAKER pro tempore. Under a ecuted on charges of spying. Jewish property Army. previous order of the House, the gen- has been confiscated, and there are other re- What a travesty it is that what we tleman from Missouri (Mr. HULSHOF) is ports of other discrimination. have got, and this is as I have repeated recognized for 5 minutes. Still, the Iranian government has consist- in that debate several times, the es- (Mr. HULSHOF addressed the House. sence of what is being decided is wheth- His remarks will appear hereafter in ently asserted that it is not anti-Jewish and that the Jewish community is an integral part er or not major businessmen in the the Extensions of Remarks.) United States can invest in building of Iranian society and plays a legitimate reli- f manufacturing facilities in Communist gious and social role. And the worst fears China, while what they do when they The SPEAKER pro tempore. Under a about excesses by the Islamic regime against build these manufacturing capabilities previous order of the House, the gentle- the Jewish community have generally not in China, these manufacturing centers, woman from Florida (Ms. BROWN) is come to pass. they have to go into business, they recognized for 5 minutes. However, by charging these innocent mem- have to go into business with a Chinese (Ms. BROWN of Florida addressed the bers of the Jewish community, the regime partner. Who is that Chinese partner? House. Her remarks will appear here- seems to be going beyond anything previously More often than not, the Chinese part- after in the Extensions of Remarks.) witnessed, reactivating some of those long- f ner is the People’s Liberation Army. held fears. Thus we are providing the capital IRANIAN JEWS I urge the President to make a strong state- through the American taxpayer, sub- ment demanding the release of the Iran thir- The SPEAKER pro tempore. Under a sidizing the loans that these business- teen. I believe it is imperative that Iran imme- previous order of the House, the gentle- men get, guaranteeing the loans so diately release these innocent individuals and woman from New Jersey (Mrs. ROU- that people will give them the loans to stop its anti-Semitic behavior. KEMA) is recognized for 5 minutes. they need to create these manufac- f Mrs. ROUKEMA. Mr. Speaker, I rise today turing jobs, manufacturing centers in to firmly state my outrage at the behavior of The SPEAKER pro tempore. Under a Communist China. They go over there the government of Iran regarding the thirteen previous order of the House, the gentle- and set them up and who is their busi- members of the Iranian Jewish community woman from North Carolina (Mrs. ness partner? Who is splitting the prof- who are currently incarcerated by Iranian au- CLAYTON) is recognized for 5 minutes. it with them? The People’s Liberation thorities. It is a moral outrage, innocent people (Mrs. CLAYTON addressed the House. Army. are being held against their will just because Her remarks will appear hereafter in The People’s Liberation Army that of their religion. the Extensions of Remarks.) builds missiles with the technology Iran has a terrible record of human rights f that they steal from us and the tech- nology that they get from us through violations. According to the State Department The SPEAKER pro tempore. Under a this economic relationship they have and several internationally recognized human previous order of the House, the gen- with our businessmen, and they build rights organizations such as Human Rights tleman from Washington (Mr. these missiles. Who are those missiles Watch and Amnesty International, religious mi- METCALF) is recognized for 5 minutes. aimed at? Today because of our poli- norities in the Islamic Republic of Iran have (Mr. METCALF addressed the House. cies toward Communist China, the been the victims of human rights violations His remarks will appear hereafter in Communist Chinese regime has the ca- solely because of their status as religious mi- the Extensions of Remarks.) pability of killing tens of millions of norities. These include Sunni Muslims, Chris- f Americans, and they did not have that tians, and Jews. The SPEAKER pro tempore. Under a capability 10 years ago. More specifically, the Iranian Jewish com- previous order of the House, the gen- This is not the type of policy that we munity has been in especially terrible danger. tleman from Oregon (Mr. BLUMENAUER) should make permanent. It has worked In just the past five years, the Iranian govern- is recognized for 5 minutes. against the American people. Why ment without having been tried has executed (Mr. BLUMENAUER addressed the should the American people subsidize a five Jews. There has been a noticeable in- House. His remarks will appear here- businessman for closing a company crease recently in anti-Semitic propaganda in after in the Extensions of Remarks.) here and setting it up in China? We are the government-controlled Iranian press, and f told over and over again the debate is many Jews have been forced to flee the coun- about selling American products over- try. The SPEAKER pro tempore. Under a seas. Most recently, as I have mentioned, Iranian previous order of the House, the gen- Please listen to that debate when you authorities arrested thirteen Jews, including tleman from Minnesota (Mr. GUT- hear that. It is not about selling Amer- community and religious leaders in the city of KNECHT) is recognized for 5 minutes. ican products. Almost none of our eco- Shiraz. Iran has charged these Jews with es- (Mr. GUTKNECHT addressed the nomic activity with Communist China pionage on behalf of the United States and House. His remarks will appear here- is the selling of American products. Israel, and has pursued their executions. They after in the Extensions of Remarks.) What we are sending over there are have been denied visitation privileges during f manufacturing units. What we are sell- their months of detainment and their fate looks ing to China is the ability to manufac- VOTE NO ON PNTR increasingly perilous as time passes. ture high technology goods. These Jews, including rabbis, religious The SPEAKER pro tempore. Under a We heard it today in the home dis- teachers and community activists, have com- previous order of the House, the gen- trict of the gentleman from Illinois mitted no such crime. The United States and tleman from California (Mr. ROHR- (Mr. CRANE). Motorola has set up a chip Israel have adamantly denied any connection ABACHER) is recognized for 5 minutes. manufacturing company there. Why to these prisoners. Mr. ROHRABACHER. Mr. Speaker, should the people in his district not be All the Jews of Iran want is to be able to live we have just witnessed a very fine de- in those jobs, building those chips, in in their country, where they have thousands of bate on PNTR, and I thought that I Illinois or in other places?

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.180 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3617 By the way, just to let Members woman from Ohio (Mrs. JONES) is rec- AGAINST PNTR know, I was in Cambodia a few years ognized for 5 minutes. The SPEAKER pro tempore. Under a ago, and they were having trouble with Mrs. JONES of Ohio. Mr. Speaker, previous order of the House, the gen- the millions of land mines that are today, May 23, the steamship William tleman from California (Mr. SHERMAN) sown throughout Cambodia. Somebody G. Mather marks the 75th anniversary is recognized for 5 minutes. actually had changed the nature of the of its launching. The Harbor Heritage Mr. SHERMAN. Mr. Speaker, I am land mine, and our U.S. military team Society, the Mather’s nonprofit parent against isolationism, against protec- was finding they were up against a organization, is hosting a rededication tionism, and I am against this deal. smart land mine that would blow up if ceremony that began today at 2 p.m. Trade with China should not end, but the land mine could sense that some- The rededication will take place we need to go back to the drawing one was trying to defuse it. board. We accept over 43 percent of Our people finally got it open. They aboard the Mather which is moored at the Cleveland East 9th street pier. China’s exports. They accept only .7 found a chip inside the land mine. The percent, less than 1 percent of our ex- land mine, of course, was designed to The Mather has had a presence on ports. blow the legs off children and women Cleveland’s waterfront for nearly 75 Under those circumstances, we can and terrorize that society in Cambodia. years, first as a working Great Lakes negotiate a better deal. This deal is What was the little chip? The chip freighter and, since 1991, as a floating good for profits, but it is bad for Amer- came from a Motorola factory that was maritime museum. One of the only four ican working families. It is good for built by the United States in Com- Great Lakes freighter museum ships in the Chinese Communist party. That is munist China, perhaps the one that existence, the Mather exemplifies why they want this deal so badly. And was built there by the businessmen northeast Ohio’s proud heritage as a it is bad for those who want to unravel from the gentleman from Illinois’ dis- major maritime industrial shipping the power of the Communist party elite trict. center. in China. This deal is good for the Peo- The fact is we should not be sub- A former flagship of the Cleveland- ple’s Liberation Army and bad for sidizing businessmen to build factories American security interests. Cliffs fleet, the 618 foot William G. even in democratic societies, much less First let us turn to the balance of subsidizing the building of factories Mather was state-of-the-art technology trade. This deal will make permanent a and high technology transfers to the in Great Lakes freighters when system that has led to the most unbal- world’s worst human rights abuser. launched in 1925. The Mather is named anced trade in the history of affairs be- Neville Chamberlain had that strat- for longtime Cleveland-Cliffs president tween nations, a $70 billion trade def- egy with Adolf Hitler. We all remember and leading Cleveland businessman and icit as contrasted to just a $13 billion in Munich where Neville Chamberlain, philanthropist, William Gwinn Mather. market for our exports. the British prime minister, gave away During its 55 years of service, the b Czechoslovakia to the Nazis. We think Mather made hundreds of trips, trans- 1915 that was the sellout. No, that sellout porting iron ore from the upper lakes There is tremendous economic power started years before when Chamberlain to Cleveland’s waiting steel mills. For here on Capitol Hill pushing this deal, said, we will build up Hitler’s economy this reason, the Mather was nicknamed but it is not from people who think and have so much investment there, he the ship that built Cleveland. they can make money by producing goods in the United States at labor will never be able to commit aggres- The William G. Mather had a long sion because it would have such a dele- costs of $20 and $30 an hour and sell and distinguished Merchant Marine ca- terious effect on the German economy. them to China where people make 12 That was his strategy. That mirrors reer. To supply the Allied need for cents an hour; in fact, it is the reverse. exactly what we are being told now of steel, the Mather led a convoy of 13 The big profits, the big corporate push why we must, quote, engage the Com- freighters in early 1941 through the ice- comes from those who would like to munist Chinese. No one is talking choked upper Great Lakes to Duluth, pay workers 12 cents an hour and bring about isolating Communist China. No Minnesota, setting a record for the those goods and sell them to Ameri- one is talking about stopping trade. first arrival in a northern post. It was cans at American prices, American Our people would still be free to do one of the first commercial Great prices on which they can make tremen- that. But why should we subsidize the Lakes vessels to be equipped with radar dous profits. investment there? And why should we in 1946. The Mather has been des- This deal makes China safe for U.S. give up our rights here in Congress for ignated a national historic landmark investment, because, you know that an annual review of what our policy to- by the American Society of Mechanical whatever is produced in that factory by wards China does for the people of the Engineers for the following Great an American corporation with Chinese United States? Lakes industrial firsts: workers can be brought to the United Making it permanent and giving up First single marine boiler system States at huge profits permanently and our review, is that going to be seen by built by Babcock & Wilcox in 1954, its without interruption, but I would like the Communist Chinese as a commit- computerlike automated boiler system to bring to the attention of this House ment on our part to human rights and built by Bailey Meter Company in 1964, a new report issued by the government to protect our own interests? No, it is and the dual propeller bow thrusters agency that is responsible for ana- going to be looked at exactly the way built by the American Shipbuilding lyzing these trade agreements, the U.S. they have been looking at our policy company in 1964. International Trade Commission, for 10 years. The Communist Chinese which reported today that this deal leadership thinks we are a bunch of The Mather retired in 1980. In 1987, will increase our already enormous saps, that we do not believe in freedom Cleveland-Cliffs donated the Mather to trade deficit and cost America 872,000 and liberty and justice, that it is just a be restored and preserved as a mari- jobs over the next 10 years. matter of cliches. They see us as people time museum and educational facility. I should point out that this report who are weak. After an extensive 3-year restoration, was officially requested by U.S. Trade We must be strong to protect the in- the Steamship William G. Mather Mu- Representative Charlene Barshefsky, terests of the people of the United seum arrived at its permanent lake- the primary mover in the administra- States, to protect our national secu- front berth in downtown Cleveland’s tion to get us to vote for this deal. She rity. That means a vote against perma- North Coast Harbor Park. Since its asked for the report. When the report nent normal trade relations with May 1991 opening, hundreds of thou- said this deal kills American jobs, she China. sands of visitors and many area school said it was premature. f children have come aboard and toured I can understand why she would have the historic Mather. To date, the great- preferred that the report be issued only CLEVELAND STEAMSHIP WILLIAM er Cleveland community has invested after we vote. I prefer to get informa- G. MATHER’S 75TH ANNIVERSARY more than $2.5 million and 250,000 vol- tion before we vote. The SPEAKER pro tempore. Under a unteer hours in ‘‘the ship that built Second, on the issue of human rights; previous order of the House, the gentle- Cleveland.’’ there are those that say that through

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.189 pfrm06 PsN: H23PT1 H3618 CONGRESSIONAL RECORD — HOUSE May 23, 2000 engagement, we are going to under- international institutions that were established glot productsÐgoods and services produced mine the power of the Communist Chi- at the end of World War II. They give only in a number of countries and those goods and nese party, but you know who does not token recognition to the changes that are services are exchanged in large part for other believe that? The heads of the Com- needed in these essential but antiquated insti- goods and services of the same nature. munist Party of China. They know this tutions. (2) As trade between highly developed, high deal will make them stronger; that is At the end of World War II, visionary world wage countries and underdeveloped low wage why they want it so badly. leaders saw Europe in ruins because of Hit- countries has become a larger and larger As for the dissidents in China, we do ler's mad rampage through the middle of the share of the mix, negative side effects have not know what they think, they have 20th Century. They correctly understood three appeared in high wage countries like ours. A got a gun pointed to their head. Are things: downward pressure on wages because of that they free to tell us? But most of the (1) That Hitler's rise to power in the first expanded trade between very unlike econo- dissidents who have served time in place was driven by the fear and chaos that mies has reinforced other economic trends China prisons and escaped to the accompanied the collapse of first Europe's and policy actions, producing an ever-wid- United States are against this deal. and then America's banking systemÐa col- ening income gap between the investing class Finally, I would like to move to the lapse that fed the downward spiral of national and the working class. A rising tide no longer newest development of all, because it economies on both sides of the Atlantic and lifts all boats. In fact, the ability of those with happened this afternoon. Two of our produced catastrophic levels of unemployment large amounts of capital to pay any price nec- colleagues, the gentleman from Cali- and panic. essary for what they wanted has, in the global fornia (Mr. BERMAN) and the gentleman (2) That Europe must once again be made economy and local neighborhood alike, driven some costs far above what can be afforded by from Pennsylvania (Mr. WELDON) went safe for democracy by rebuilding its political to the Committee on Rules with an institutions. those whose boats are anchored to low amendment that is fully legal under (3) That America's long-term economic and wages. That has happened with the price of GATT, and that amendment provides, political health depended upon rebuilding Eu- housing. It has happened with the price of as follows: Normal trade relations rope's economy in order to rebuild world com- educationÐespecially at private institutions. It has happened with the price of medical care. treatment shall be withdrawn if China merce and create markets for our own goods. (3) Downward pressure on wages in econo- invades or imposes a blockade on Tai- To accomplish all of that, the Wise Men, as they were called, organized the Bretton mies like our own have been accompanied by wan. greater incentives to minimize environmental Mr. Speaker, I believe that the Com- Woods conference which established a new costs that go into any product because we are mittee on Rules will not make this in set of institutionsÐthe International Monetary told those products are in competition with order, because it is not accepted by the Fund and the World BankÐin order to help re- products produced in countries with much less administration, because, of course, it is build a new global economy and a new trading concern for either well-paid workers or well- not accepted by China. So we will be order. The mission of the Fund was to insure protected environments. That has made it asked to pass this bill without the Ber- stability in monetary exchange. The mission of more difficult to protect gains that industrial man-Weldon amendment, and that will the Bank was to assist nations in the task of countries have made in raising worker living signal China that it can continue to economic development and reconstruction. standards or cleaning up the environments in enjoy access to the American market Those institutions helped to produce phe- nomenally successful results. The world es- which they live. even if it blockades Taiwan. And now we find in this new era that institu- caped the kind of global recession in the years We ought to make the opposite clear tions which were established 50 years ago to immediately following World War II that had to them, but without the Berman- promote world recovery and world tradeÐinsti- historically followed other great conflicts. In the Weldon amendment, what is the mes- tutions which at the time undoubtedly pro- decade that immediately followed Bretton sage? That amendment was brought be- duced winners across the boardÐnow often Woods, most of the war-torn European econo- fore this House or brought before its of- use their influence to push underdeveloped ficial Committee on Rules, it is part of mies bounced back above their pre-war levels. countries to follow practices that attract and the record of these proceedings. We In subsequent decades, the world's economy retain investment at the expense of those asked that we be allowed to make it in more than tripled in size and continued an ex- other economic and social values. order. If it is rejected, then who is to pansionÐwith temporary interruptions to be There's no question that in macro economic blame China for believing that this sureÐthat has now lasted for more than 50 terms totally open trade can produce more House has endorsed permanent trade years. goods at lower costs worldwide. And normally with China, even if they blockade Tai- That happened despite the fact that nearly that would be a blessing. wan. This is now the Taiwan Blockade half of the world's population continued to But when that becomes the only goal or at Authorization Act. Vote no. struggle under the yoke of communism for times the only result, it carriers a high price for most of that period. In fact, the powerful con- WHO ARE THE TRUE DINOSAURS those who do not possess large amounts of trast between the prosperity of open market ON TRADE? capital because their wages cease to rise. And economies in the West and the desperate situ- the communities they live in come under pres- The SPEAKER pro tempore (Mr. ation faced by those condemned to live under sure to allow corporations to do less and less SWEENEY). Under a previous order of centrally-planned economies ultimately contrib- to clean up pollution, all in the name of re- the House, the gentleman from Wis- uted greatly to the demise of the Soviet Em- maining globally competitive in a world where consin (Mr. OBEY) is recognized for 5 pire. there are almost no restraints on the move- minutes. That success was accompanied and abetted ment or the power of capital and ever increas- Mr. OBEY. Mr. Speaker, The Washington by expanded trade which also contributed to ing restraints on the power of everything and political establishment is looking down its col- prosperity of both America and our trading everyone elseÐgovernments, consumers, and lective elitist nose at those of us who are say- partners. The result was that at least through labor. ing no to legislation that would provide perma- the mid-70's a rising tide lifted all boats. Al- Capitalist economies cannot by definition nent Most-Favored-Nation trading status for most all families, whether they were headed produce equal income for all people. Each so- China. In their newspaper columns and at by a corporate CEO or a janitor at the com- ciety needs risk takers who can amass wealth their cocktail parties they tut-tut that those of pany run by that CEO, shared in that expand- so that accumulated wealth can be invested to us raising a challenge to that legislation are ing prosperity. produce economic growth for the entire soci- simply trying to stop economic progress that But in the last two decades, changing reali- ety. That is bound to produce income inequal- comes from globalized trade and are, there- ties have also changed results. First, the na- ity. But as Pope John Paul once observed, fore, hopelessly old fashioned. The fact is just ture of trade itself has changed in three funda- there are certain ``norms of decency'' that the opposite. mental ways: must be respected in order to produce eco- Those who say that we must accept the re- (1) Fifty years ago, as my colleague BARNEY nomic justice and the social cohesioin that is ality of globalized trade and support perma- FRANK has pointed out, when the post-war necessary for any economic system to func- nent favored nation status for the Chinese rules of the trading game were first estab- tion. The last two decades have produced just without a major transformation of trading rules lished, products produced almost entirely in the oppositeÐthe widest gap between the are in fact the ones stuck in the past. They one nation were exchanged with other prod- wealthiest 1% of our people and the least are defending a set of absolutist trading ar- ucts largely produced in a different nation. wealthy 20% of any time since the birth of the rangements and a set of useful but creaky Today, multinational companies produce poly- 20th Century.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4634 Sfmt 9920 E:\CR\FM\K23MY7.194 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3619 Since new globalized trading realities have safety net. And it means all of those things be- of Mexico, taking our markets in helped produce that problem, they must also fore and not after we give away our leverage Asia’s Rim and sending the glut of be part of the effort to fix it. to obtain them. sweatshop goods back here to our In our society the gap in incomeÐin edu- Demonstrators in Seattle and Washington shores. cation, in housing, and in medical careÐhas may have aimed their protests at some of the When NAFTA passed, the proponents grown disgracefully worse. Those who in this wrong targets, but that should not obscure the said it would result in a huge export economy suffer most from that factÐlargely injustice which produced those demonstra- market for the United States and Mex- manufacturing workers in industries with de- tions. As BARNEY FRANK has said, ``the choice ico and that Mexico’s workers’ wages clining employment or workers with less than is not between isolation and integration, but would go up and there would be no average skillsÐcannot be expected to roll between a global new deal and a global ex- downward pressure on wages and bene- over and say, in the words that Walter tension of the trickle down theory.'' fits in this country. Look what has Cronkite used to sign off his CBS news broad- Those who want us to approve their rules happened, Mexico now exports more cast, ``That's the way it is.'' As my colleague without first changing the rules of the trading cars and trucks to the United States BARNEY FRANK has noted, Alan Greenspan, game that contribute to this injustice are the than the United States does to the en- the Chairman of the Federal Reserve, has true troglodytes and dinosaurs. It shouldn't be tire rest of the world. said that we must not allow our ``inability'' to too hard to find common ground, but first you Our Nation has hemorrhaged tens of help workers who are being injured to reduce really have to want to. When those who want thousands of jobs, of living wage jobs, our support for open trade. But, in fact, as us to get on with the game are willing to to Mexico, and now the China drain BARNEY says, ``the problem we face is not in- change the rules to minimize the brutality of will accelerate if this measure passes. ability, but unwillingness to do so.'' the game for those in our society who are not Mexico has turned into a major export The issue here is not really China. China economic superstars, then they will find a lot platform, not an export market. Just just happened to be the country that triggered more of us willing to play it. look at the label on your television or this debate. The issue is whether America's f your car engine or your truck or your policymakers who have helped magnify the in- The SPEAKER pro tempore. Under a electronic gismo, everything coming in come gains of the most well off in our society previous order of the House, the gen- here; the only thing America is export- by squeezing the economic positions of the tleman from New Jersey (Mr. HOLT) is ing to Mexico is our middle-class jobs. most at risk families will recognize their moral recognized for 5 minutes. And they are not getting paid middle- obligation to change course. The issue is (Mr. HOLT addressed the House. His class wages. whether those in this societyÐthe investing remarks will appear hereafter in the In the end, this fight on China is a class, the managing elite, the venture capital- Extensions of Remarks.) heroic fight. It is a fight for democratic ists, the multinational corporations who have f values in the harsh countryside and in so much to gain by further globalization will be the industrial sweatshops where most willing to see a tiny fraction of that increased OPPOSING PERMANENT NORMAL Americans will never be allowed to wealth used to help those who will otherwise TRADE RELATIONS WITH CHINA travel in the Nation of China. It is a be caught in the prop wash of their incredible The SPEAKER pro tempore. Under a fight indeed for the Chinese people, and prosperity. previous order of the House, the gentle- the fight most of all for American prin- When a doctor administers cancer fighting woman from Ohio (Ms. KAPTUR) is rec- cipals. Will we side with the chauf- drugs, he knows that he must also deal with ognized for 5 minutes. feured limousine class, the advertisers, the side effects of those drugs or his patient Ms. KAPTUR. Mr. Speaker, I rise in the retailers, the global companies who will not be able to tolerate the drug and will the strongest opposition to the pro- soothingly tell us, Everything will be die. Isn't that just as true of the negative side posal for permanent trade privileges just fine? But by their shear power and effects of globalization on the lower paid, with China. Trade does not bring free- money, they hold sway over the visual underskilled workers caught in the wake of dom, only enforceable laws in demo- and printed media in this country. economic change? cratic republics bring and carry and as- For those fighting permanent trade If we are to embrace the change that sure freedom. Trade does not build a privileges for China on the basis of globalized 21st Century trading produces, we middle class, only laws governing democratic values, I say hurrah. Praise must reshape the institutions that will regulate workers rights to organize undergird freedom lovers and the imprisoned and govern that commerce. We need a redefi- middle-class wages and benefits. China Democratic Party leaders for nition of the role of the IMF, the World Bank, Before World War II, Nazi Germany’s whom we speak here on this floor to- and other international financial institutions, largest trading partner was England, night. and never institutions such as the World Trade and for the United States, Japan, did For those fighting permanent trade Organization, so that the interest of labor and that stop totalitarianism’s rise? Trade privileges for China on the basis of reli- the environment are represented at the table with Communist countries does noth- gious freedom, I say God bless them. when trading decisions are madeÐnot just the ing to assure that those doing the work And for those fighting permanent trade interests of capital and governing elites. reap any of the benefits; that is why privileges for China on the basis of We need a second Bretton Woods con- the United States for so many years freedom of assembly, whether it is for ference to both modernize and humanize trad- has held sacred its special laws gov- the Falun Gong or the murdered free- ing relationships or we will lose in the 21st erning trade with Communist nations. dom fighters in Tiananmen Square, I Century the gains we have made in the 20th And now that the United States has say history will judge you as righteous. in establishing a balance of decency between been victorious in defeating Com- America’s values are freedom and the needs of the corporate-based market munist regimes in most corners of the valor. As we move into this Memorial economy and the needs of a family-based so- world, some will choose to abandon the Day week, let us renew our promise as ciety! legal structure that we held in place the world’s premier freedom fighters. That means a new set of trading rules, a called most favored nation replacing it Vote for freedom. Vote ‘‘no’’ on perma- new set of power relationships, a wider rep- with the toothless normal trade rela- nent normal trade status for China. resentation of interests at the table. And it tions statute that we are about to de- Mr. Speaker, I include for the means a new commitment on the part of this bate tomorrow. RECORD a letter sent by Wei Jinh Congress and this society to much greater Trade with Communist countries Sheng, who spent nearly 2 decades of educational opportunity and training opportuni- does nothing to assure that those who his life in Chinese prisons. Why? Be- ties for workers and children in working class do the work reap the benefits. Perma- cause he fought to be an independent families. It means a willingness to do more nent trade status for China will only democratic political leader in his own with the tax code to provide as much reward serve to lock in the exploitative sys- country. for the work of the lower income working class tem of agricultural and industrial ser- He says to us, ‘‘Supporters of this as we provide for the highest income venture vitude that is China today; this is not agreement are wrong. The United capitalists. It means rebuilding a health care a fight about expanding America’s ex- States is giving up something of pro- safety net for the families of workers whose port markets. found importance if they were to ap- corporate employers are being squeezed by This is a fight about China becoming prove this agreement. Please help us the pressures of globalization to shrink that a vast export platform 12 times the size fight Chinese tyranny.’’

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.121 pfrm06 PsN: H23PT1 H3620 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Please read his words in the RECORD, Those who have experienced brutal oppres- because it was an awful lot to accom- and tomorrow vote ‘‘no’’ on permanent sion and insidious threats understand their plish just to get the physician coverage trade status for China. quandary. We can, and must, express sym- and the hospital coverage. At that pathy for their deplorable and excruciating Supporters of Permanent Normal Trade time, prescription drugs were not near- plight. My criticism is not directed at them ly as utilized as they are today. But, Relations (PNTR) for China tell us the US is personally, but at the tiresome propaganda giving up nothing in its trade deal with the regularly doled out by the Chinese Com- today, the miracles of modern pharma- regime in Beijing, that China is making all munist Party and their supporters in the ceutical industry, the miracles pro- the concessions. This claim is false. United States. vided by the work on the human ge- The US is giving up something of profound Still, the basic principle against PNTR is nome and biological products have importance—its ability to aid people every- very simple: if PNTR is granted, the US sur- where in their struggle for human rights and brought us to a point where if you do renders its power to be a force for positive democracy. The US has enormous power, due not have access to a pharmaceutical change in China—its power to promote to its economic leverage. Although the US drug benefit, you do not have access to human rights, to deter China’s increasingly has been reluctant to use this power against first rate health care, you do not have aggressive military posture, and as well, to Chinese tyranny, the power exists; Beijing compel the regime to live up to its economic access to the best health care in the recognizes this fully, even if the US does not. promises. How can anyone call this nothing? world. The annual renewal of China’s ‘‘driver’s li- Wei Jingsheng has spent 18 years in prison For years, we folks in Washington in cense’’ on trade may have become routine, for insisting on speaking the truth to power. the Congress and White House have but the power to grant the license remains These comments are based on Chinese gov- talked about how terrific it would be if critical. That is why Beijing is desperate to ernment honoring its commitment that they obtain PNTR, and rid itself of this power. we could create and add a prescription will do, but they don’t. That is why both Rep. Levin and Cox’s pro- drug benefit to Medicare, but it has posals, no matter their very fine points, are COMMENTS been all talk for a lot of years, and now ‘‘toothless’’ if this power is not retained. The There are reports of ‘‘dissidents’’ in China it is time for action. hope that the World Trade Organization who support PNTR. First, we’ll know that The reason it was all talk and no ac- (WTO) and the World Bank will place limits without freedom of speech and press, the tion heretofore was because this coun- on China will amount to little, for multi- Chinese government controls what they try was not in any state financially to national financial institutions are woefully want Chinese people to know. Secondly, provide a Medicare benefit. We were inadequate to take over responsibility of the please put yourself into their shoes—when adding a $250 billion to the national US Congress. It may not follow the US lead the hostages speak kindly of their captors debt every year, we were spending in any event. and ask you to believe what the captors say Framing the debate on WTO and PNTR as that they will follow their promises would money like drunken sailors in this ‘‘keeping the door open’’ is misleading. you believe that? town, and there was no way that we America’s door is open. The door to China is f could continue that practice and then only half-open. However, the Chinese people add to it the addition of a prescription have learned that they lack the rights other GENERAL LEAVE drug benefit. people enjoy. If this were not so, the enor- Mr. GREENWOOD. Mr. Speaker, I But, since 1994, the Republicans in mous uprising in hundreds of Chinese cities the Congress have changed the direc- known as the 1989 Tiananmen movement ask unanimous consent that all Mem- bers may have 5 legislative days within tion of the country. We have reformed would never have occurred. Yet the door to Medicare itself to make sure that it China remains and will remain half-closed, which to revise and extend their re- because that is the way to retain power marks on H.R. 4444. will last well into the future. We have under tyranny. The SPEAKER pro tempore. Is there reformed welfare, removing ultimately Trade alone simply cannot open the rest of objection to the request of the gen- half of the welfare recipients from de- China’s door. If the US Congress grants tleman from Pennsylvania? pendency to work and to independence. PNTR now, it legitimizes this half-open/half- There was no objection. We have balanced the Federal budget closed status. To certify Communist China for several years in a row now. And in f as ‘‘normal’’ in its abnormal state would de- the current fiscal year, we have taken prive reformers within the government of MEDICARE PRESCRIPTION DRUG Social Security off budget and made needed pressure to push for change. The claim that PNTR gives American ac- BENEFIT sure that never again would the Social cess to the ‘‘vast Chinese market’’ is spe- The SPEAKER pro tempore (Mr. Security surplus be spent for other cious, because it does not exist. Simply put, SWEENEY). Under the Speaker’s an- causes than Social Security. we cannot construct the ‘‘vast Chinese mar- nounced policy of January 6, 1999, the We are now finally paying down debt. ket’’ without first the rule-of-law being in- gentleman from Pennsylvania (Mr. By the end of the current fiscal year, stituted, as President Lincoln put it, ‘‘by a we will have paid down $250 billion in GREENWOOD) is recognized for 60 min- government of the people, by the people, and debt; and we expect, at the rate we are utes as the designee of the majority for the people.’’ going, to have the United States na- leader. In fact, the multinational business commu- tional debt paid off by about the year Mr. GREENWOOD. Mr. Speaker, this nity is making an unholy alliance with Chi- 2015, if not sooner. nese tyranny. The Communist government evening my colleague, the gentleman We have done all of this, and still we uses brutality to subjugate Chinese workers from North Carolina (Mr. BURR), and I while U.S. corporations use the threat of have a surplus, so this millennial year are going to do a special order on the is the year we can step up to the plate; moving their businesses to undercut Amer- Medicare prescription drug benefit. As ican workers’ demands. Businesses in China’s and we can provide a prescription drug neighboring countries—Japan, South Korea, most Americans know, 1965 was a crit- benefit to America’s elderly and Amer- Thailand, Taiwan, and Hong Kong—will use ical moment in America’s health care ica’s disabled. ‘‘slave labor’’ to China to flood the U.S. mar- history. That was the year that the While two out of three Medicare ket. PNTR is a loss-loss proposition for most United States Congress and the Presi- beneficiaries in this country do have workers in Asia and America, but especially dent of the United States enacted access to some kind of prescription for China’s. The business community should Medicare. drug benefit, that coverage is often not be so complacent, because Chinese tyr- Prior to that time, if you were elder- scant and shrinking. Many of our sen- anny will redirect Chinese people’s anger ly or if you were disabled, you could against them toward the outsiders. iors on Medicare-Plus Choice have seen The majority of pro-democracy organiza- not provide for your health care. You that their plans have had to pull back tions are against PNTR, yet a few prominent did without health care. You had no their benefit and now, for instance, are individuals in China have announced their regular doctor’s care. You had no ac- only providing for generic coverage and support. Why such contradiction? The ques- cess to hospitalization and you suffered not providing for the brand coverage, tion we must ask is how much can we credit and you died early. unless there is a very expensive extra the words of kidnaped victims when they are In 1965, America proved its humanity payment paid by the beneficiary. at the mercy of their captors? The answer is and proved the level of its civilization For those without coverage, the not much. We simply cannot take the cur- by caring for its elderly and eventually rent opinions of Bao Tong and Dai Qing to choices are grim. There are miracle represent their true thoughts, nor can they extending that Medicare benefit to the drugs available to humanity today, but represent the opinions of others, when Bao disabled. if you are an elderly woman, an elderly and Dai have long been in the grip of a ty- When it did so, it did not include a widow, living on a small Social Secu- rannical government. prescription drug benefit. It did not, rity stipend, and you have Medicare

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.197 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3621 but you have no access to prescription big contributor to savings or quality of the pharmaceutical industry wants us drug coverage, there is no miracle in care, but we are clearly on the road to to do it. Everyone is for this. What that miracle cure. If you are an elderly new therapies that we have not had in there is is a legitimate set of dif- gentleman in the same position, there the past. ferences of opinion. The gentleman is is no miracle in the miracle cure for Mr. Speaker, let me say to my col- talking about one right now. you. That is the same with the disabled league that I think it is important The question is, do we want to give in this country. that, when we talk about adding a drug this program, this new benefit, to the same bureaucracy that has been ad- b 1930 benefit to Medicare, most people think of seniors. But we have a large group of ministering the current one? I do not These folks are pressing their faces disabled Americans who qualify for think there is a beneficiary on Medi- up against the glass windows of the Medicare benefits. We cannot do a pro- care who can tell us or anyone else, drugstores knowing that while inside a gram that leaves them behind. Every- they certainly do not tell me at the prescription that their physician could body that is eligible for Medicare has senior centers, that they understand write for them exists that could relieve to be included under the umbrella of the paperwork that they get related to their suffering, that could extend their coverage for pharmaceuticals. It has their Medicare and they would like to lives, that could improve the quality of been very challenging for us as we have have more paperwork related to their their life, that is not available to them. designed a program also to make sure Medicare and they would like the deci- This is the year for the United States that it dovetails with the 14 States sions made about their health care to Congress to act and to do it in a bipar- that currently offer it. take as long as ones do today. tisan fashion. Pennsylvania is a great example. It The fact of the matter is that what is Mr. Speaker, I would like to now probably has one of the most generous available at the drugstore is changing yield time to my friend, the gentleman plans in the Nation. at the speed of light. Every day, prac- from North Carolina (Mr. BURR), who Mr. GREENWOOD. Mr. Speaker, we tically, we can find new products out has been working with me and other have 300,000 participants in our pro- there in the drugstore. What we are members of the Committee on Com- gram. concerned about, the gentleman and I merce as well as the Committee on Mr. BURR of North Carolina. And I are, is that we do not want it to be the Ways and Means to craft this proposal think it goes up to 225 percent of pov- case that the Food and Drug Adminis- that we hope to have introduced in the erty. tration approves a new cure for arthri- very near future. Mr. GREENWOOD. All supported by tis or a new treatment for colon cancer Mr. Speaker, I yield to the gentleman our lottery. or a new medicine that will relieve suf- from North Carolina (Mr. BURR). Mr. BURR of North Carolina. All sup- fering. The doctor says to the Medicare Mr. BURR of North Carolina. Mr. ported by the lottery. If every State recipient, boy, this is a great drug for Speaker, I thank my good friend from had a plan, we probably would not be you, I wish I could give it to you, but Pennsylvania. The gentleman makes a here tonight. We would probably have the bureaucrats in Washington, it is good point, and that is that if Medicare seniors with coverage that needed it. going to take them a long time, as it were a program that we developed But there is still a greater need, and would a bureaucracy, to get around to today, certainly drug benefits would be that is to produce a value for those in- figuring out how much to reimburse for part of the coverage given the access dividuals who do not have the option of this product and so forth. So we are that drug benefits have to private sec- insurance. They may have more looking at a different system, a system tor plans that every employer offers to money, but the plans just are not that would create a separate board their employees. But the fact is that in available. And what we are trying to do that could make those decisions quick- the 1960s, that was not a common part is we are trying to create new options ly so that these beneficiaries do not of health care coverage, because very through the private sector, which I be- have to wait and suffer in hospitals, or few new pharmaceuticals hit the mar- lieve is the single most important maybe die, while they are waiting for a ketplace, and most of the antibiotics thing. Federal bureaucracy to get around to were around for years and years. We We have some disagreements between making sure that this product is avail- worked to reform the Food and Drug Republicans and Democrats. They are able for them. Administration, and we started in 1995 becoming smaller and fewer. One of the Mr. BURR of North Carolina. Mr. and we completed that task, I believe, major ones that will continue, though, Speaker, if the gentleman would yield, in 1996 or 1997, with a signature by the is currently the Health Care Financing I am not sure that there are very many President, an agency that controlled 25 Administration administers the Medi- seniors, if any, in the country that cents of every dollar. care benefit. I am not sure of very would tell us the creation of a new The reason that we modernized the many seniors or health care profes- agency whose sole function it is to Food and Drug Administration was we sionals or hospitals, even my mother make sure that the Medicare drug ben- understood the great task that was be- understands the problems that exist at efit is run effectively and efficiently is fore them. The FDA is an industry that the Health Care Financing Administra- a bad thing. But clearly, that is a dif- this year will put $21 billion, and that tion, because she has been in the hos- ference that we have in Washington. It is with a ‘‘b’’, into research and devel- pital lately. The reality is does Con- is a difference that will probably exist opment. We understood that if we gress really want to turn a new benefit until this bill becomes law. My hope is could unleash this industry as the that is so vitally important, over 38 that it is this year; that, in fact, that human gene was mapped, that through million Americans, over to an agency long list of individuals that you talked these pharmaceutical companies, we that cannot even figure out what to do about, Republicans, Democrats, the could find cures to terminal and chron- with the technological change of intra- President, the bureaucracy, when they ic illnesses that currently in our sys- venous drugs that can now be delivered say that they are interested in a drug tem today we treat and, at best, main- at home with a self-injection method? benefit, I hope that they are talking tain through a very expensive delivery Mr. GREENWOOD. Mr. Speaker, that about today, this year, the 106th Con- system. But we owed it in a quality-of- is one of the problems. They say, where gress, not the 107th, because clearly, care way to make sure that if we could there is a will, there is a way. There is we know individuals who do not have reach cures for cancer, for AIDS, for di- a will to get this done. Republicans the capabilities to pay for their pre- abetes, that we put every incentive in want to do it. We happen to be Repub- scriptions today, who go without that the system to make sure that the pri- licans; we have been working hard with prescription. vate sector invested their money, their our Republican colleagues. Democrats As the gentleman and I both know, time, to hopefully find these break- on the other side of the aisle sincerely because we deal in Medicare from a throughs. want to do it. House Members want to standpoint of the big picture of Medi- Now, we are on the verge of break- do it, the Senate wants to do it, the care, when those individuals make a throughs. This year alone, the FDA President wants to do it, the elderly decision not to take their antibiotics will approve over 30 new drug applica- want us to do it, the disabled want us or not to take some drug that has been tions. Not every one of them will be a to do it, their families want us to do it, prescribed, the likelihood is that the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.198 pfrm06 PsN: H23PT1 H3622 CONGRESSIONAL RECORD — HOUSE May 23, 2000 result is that they end up in the hos- ployer in your retirement, you do not plan is no good or nothing is being pital. When they end up in the hos- have to, you do not have to buy into done, or I distrust the motives; I think pital, we have a greater cost to our the Federal plan. It is an option. It is this special interest is being served or Medicare system than the $100 pre- a vast difference in approach from the that special interest. scription that they should have taken catastrophic debate of 1993 or 1994 when I would hope that as this debate for 2 weeks. we, or it may have been earlier than moves on and as we hopefully get to Mr. Speaker, for the first time, I be- that, when we asked seniors to pay the point where we can put a product lieve that the Congressional Budget Of- more for something they were already on the President’s desk and that hope- fice recognizes there is a savings to getting for nothing. fully he will sign it, that those who are making sure that everybody has a ben- Mr. GREENWOOD. They were not frequent callers to C–SPAN, for those efit. The gentleman and I went through very happy about that. We all remem- who are frequent correspondents to the expansion of Medicare coverage ber Chairman Rostenkowski’s car their Members of Congress or phone several years ago when we included being rocked by a group of seniors be- their Members of Congress, that they mammograms, PSAs for prostate can- cause essentially what the Congress call to task any Member of Congress or cer, and diabetes daily monitoring, and was saying is that if you already have the President, if they see those Mem- we now cover those under the normal this benefit, we are going to make you bers or those politicians try to take po- Medicare coverage. But it took us a pay for it anyway. As we said earlier, litical advantage on this issue. This is long time to convince people that it two out of three beneficiaries already not the time to do this. This is the was actually less expensive to supply a have some kind of coverage. time for bipartisanship. This is the daily monitoring strip for diabetics Mr. BURR of North Carolina. One time for putting our heads together than it was to pay for amputation or thing that we learned is that not every and getting something good done for blindness. Put the quality of life aside employer planned for their retirees’ the benefit of the country, and I think for a second; the sheer dollars were coverage. It may cover a very narrow we can do that. more beneficial. Bring the quality of set of generics or certain areas of the Mr. BURR of North Carolina. I have life in; and clearly, this is something drug industry. We have designed this to think that if an administration that that we should have done much sooner Medicare benefit to say to employers, is Democrat and a Congress that is Re- than 2 years ago. But we are finally if you made a promise to retirees, why publican can get together and be on the there. do you not look at this new plan which same side of a trade bill with the Peo- Now, we are talking about the expan- might be better coverage and less ple’s Republic of China, that surely a sion of an area of Medicare which will money and buy your employees, pay Democrat President and a Republican give us a new treatment method for the the premium for them to be a part of Congress could get together in a bipar- majority of the problems that seniors this, supply the deductible for them. tisan way to design a drug benefit for and the disabled run into, where hope- Let them be part of a larger plan where the seniors and eligible disabled in fully, we can eliminate the hospital we really leverage the volume of indi- America. Clearly, the trade deal has to stay. Hopefully, this is a method of viduals in the Medicare plan by pooling be more difficult to put together. We treatment where an individual can them all into these private sector enti- know, because we are here, that it is take it at home, and we do not have ties, companies that are willing to cre- not partisan. There are Democrats on the transportation needs that are a ate different options because of the size one side along with Republicans, and problem with many seniors. Clearly, of the pool they are interested in par- there are Republicans and Democrats this is a benefit that we have a respon- ticipating, interested in designing a on the other side, and at one time the sibility to find a way to get it into law. benefit package that might fit the dif- administration was split. To some de- Mr. GREENWOOD. Mr. Speaker, ferent health care needs. gree, it is regional across the country. there is no reason why we cannot do Mr. GREENWOOD. Mr. Speaker, our Health care is not regional. Health that. It is oh so easy in politics to staff, and we with our staffs, have been care is something that we ought to point fingers and bash the other guy working very hard at this for a long make sure is the best for every person for political gain, but the fact of the time. The goal is clear, but the way to who is eligible. matter is that the gentleman and I get there is complex and it is difficult One of the additional tasks that we have both discovered that all of the in- and it requires some very complex cal- were given, though, is not only did we telligence does not lie in one party or culations about if we raise the eligi- have $40 billion to work with over the another here in Washington. It is not bility level, for which the Federal Gov- next 5 years, we were also given that all in the House or all in the Senate. It ernment will pay for anything, what task that says make sure that the is not all in the Congress or all in the does that do to the cost, and where can long-term solvency of Medicare is pro- White House. But in fact, there are we put the stop loss benefit for the in- tected. Make sure whatever is done good, decent thinking people in all of surance industry so that it is willing to does not bust the bank down the road. those places that really want to get sell the product at a price that every- We know, as seniors know probably this job done. one can afford. That is complicated more than we do, that health care To the extent that we can recognize stuff. But we can get there, and we can costs, specifically pharmaceutical that we have some different ideas, get there working across the aisle; we costs, are rising. If they have 30 new some people want to go strictly to a can get there working with the White drugs next year and 11 of them are tar- price control mechanism, some people House. geted toward illnesses that seniors are want to attack the issue of what hap- I would hope that anybody watching prone to have, we know that our phar- pens when one goes across a border to C-SPAN this evening would take from maceutical cost in this country is Canada or Mexico, some people, as the listening to us this evening that num- going to continue to rise; and hope- gentleman and I do, want to create an ber one, it is time to do this; number fully, we have taken that into account. insurance model where we think for a two, the country is financially in a po- That is one of the reasons that we have very reasonable amount we can create sition to do it; number three, there is chosen the private sector to produce a system where every American, re- universal desire and commitment to do the plans because clearly they have a gardless of income, will be able to af- it in Washington. better history of the efficiencies in ford this benefit, and for the lowest in- health care than does the Health Care b come, the Federal Government would 1945 Financing Administration or any Fed- pay for all of it. Number four, it is complex. eral agency, and I would include Con- Mr. BURR of North Carolina. Mr. Number five, anyone who dema- gress in that as well. Speaker, let me make this point here. gogues this issue is really doing a dis- Mr. GREENWOOD. If I can refer to A voluntary plan, a plan where we cre- service to his country. this chart here, the gentleman referred ate the benefit and say to the 38 mil- I have heard so many speakers, un- to the difference between us and the lion seniors and eligible disabled, it is fortunately on this floor, pointing fin- seniors, and despite the color of my your choice. If you currently have cov- gers at one party or the other saying hair I am hoping to continue to be able erage that was extended by an em- their plan is better than ours or our to see that difference between myself

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.200 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3623 and my parents. And yet if we look at ing between 1993 and 1999, the annual and I know some of the viewers across this chart, we will see that in 1999, and increase in those costs, continues to go the country watching this tonight are this is probably very much the case up. maybe trying to decipher all of this now, medication is used by about 33 So it is not just, if we look at these language and sometimes we in Wash- percent of seniors today. So about 1 pink indications here, the CPI, the ington use language that is a little dif- out of every 3 beneficiaries needs a Consumer Price Index per year, has ficult to decipher. drug product on a regular basis. been pretty low; but because of the ad- Let me try to give some perspective By the time this gentleman is about dition of new products on to the mar- as to how different folks around the 80 years of age, and I expect to be alive ket, the increases in some of those country might see this. First off, if one and kicking at that time, 51 percent of products once they get on the market, is retired now or soon to retire, and the seniors, of our generation, will be what is being spent, the costs for all they have a good prescription drug ben- medication dependent. So this is not an pharmaceuticals paid by individuals efit because they work for an em- issue of importance only for those who and hospitals and insurers continues to ployer, a government employer or a are above 65 years of age today or who skyrocket. It is a situation that de- large Fortune 500 employer that pro- are retired. It is an issue for us because mands our response. vides coverage, and they are in pretty they are our parents today. We love Mr. BURR of North Carolina. Not good shape, they do not need to worry them, and we care about them. But it only are we faced with a situation about this because they are not going is also an issue because in the rel- where pharmaceutical costs continue to be forced to buy anything they do atively near future it will be, the gen- to increase at double digit rates, we not need. They are in good shape. tlemen and I, in our retirement, very also look at a growth in the senior pop- If that changes at any time, we think much not only in need of these pre- ulation. We know from looking at the we are going to create some products scription drugs but having available to demographics that really do not lie, as in the market that they want to avail us prescriptions that certainly are not seniors grow older, as one reaches that themselves of but no one is going to available to our parents today. magical age of 65 long before I do, then force anything on them. If they are re- Mr. BURR of North Carolina. One in fact the population eligible for Medi- tired or disabled today and they are thing we have both seen is that any- care over the next 15 years will grow one of that one out of three who does thing that we do in the Medicare model from somewhere in the neighborhood of not have access to a prescription drug is usually replicated at some point not 38 million today to somewhere in the benefit, what we are saying to them is too far down the road in the private neighborhood of 75 million. we are going to make one available to sector plans that employers provide for So if this were a company we were at them and one that they can afford. And their employees. and we were trying to do long-term we think we can do it very soon. I know that the gentleman is famil- planning as it related to our costs, we If one is low income, if they are at iar with a frustration that we have had would look at some of the things down that 135 to 150 percent of poverty level over the years in Medicare, which is the road that we knew were going to and they do not already qualify for their policy as it relates to organ happen and we would try to address Medicaid or a State-run lottery pro- transplants for seniors. Under any those as early as we could so, in fact, gram, the Federal Government will pay organ transplant in the world, the rec- the impact was more predictable, our all of their premium. So this is really ommendation is that the recipient options were greater and the cost was a great benefit for them. It is at no takes an immunosuppressant drug for less. That simply is what we are talk- cost and it is real coverage and they do the rest of their lives to make sure ing about doing with the drug benefit not have to wait until they get to some that the rejection of the organ does not in Medicare. catastrophic level. It is there. take place, but our current policy in We know that the senior population If, on the other hand, they do not Medicare is that we will pay for the will double over the next 15 years. We have the coverage or they expect that immunosuppressant drug for a 3-year know that pharmaceutical costs are by the time they retire they will not period after the transplant. going to continue to rise, in part, be- have the coverage and they are middle- It is an amazing thing that when sen- cause we have the gold standard in the or upper-income, they just want access iors go off of the drug, because the cost world in the FDA of drug approvals. We to it, they just want to find something is high, that maybe in the 4th year or know when drugs come through that they can afford, we think that some- 5th year or 6th year they begin to re- they have passed the safe and efficacy where at a cost of about $50 a month, ject the organ. But what is our health standards. That does not mean that we as a Medicare beneficiary they will be care policy in Medicare? We will actu- do not have some after-market ap- able to buy this coverage just like they ally pay for another transplant, but we proval problems, but hopefully we have do now, through their part B premium, will not pay for the immunosuppres- an FDA that is on top of that and mon- pay for the extra coverage to go to the sant drug any longer than 3 years. itoring it and getting a lot better. physician and the outpatient care and So it really does make a lot of sense The reality is that as we see the pop- so forth. why we are here today talking about a ulation increasing, as we see the cost So from many of those perspectives, drug plan that even some of the enti- of drugs increasing, is not the smart it is a good deal. ties that oversee Medicare are not en- thing for Congress and the administra- Let me make one other comment be- thusiastically out front leading the pa- tion to do this year to pass a drug ben- fore I yield back to the gentleman. If rade saying we have to have this ben- efit to watch that benefit to make sure one is a taxpayer out there and they efit and it needs to look like this. Be- that in fact it is the type of benefit are looking at this saying, yes, it is cause clearly they cannot make the de- that seniors need; that it has the cost great for Congress to provide this cov- cisions today to extend drug coverage controls that we know we have to have erage; but we do not want to see the even in the cases where we know it for the long-term; that we begin to ac- budget broken again, it has been bro- makes a difference in the quality of life cumulate some information about ken before. This is not free drugs for but where we know also the option is whether we have chosen the right op- all, this is a prudent, affordable plan another very expensive transplant that tion up front before the senior popu- that tries to make it affordable at the makes the solvency of the Medicare lation doubles, in case we guessed low-income level and make it afford- Trust Fund even shorter than where it wrong, and we could go back and able at the middle- and upper-income is today. change the way the benefit is offered or level with those folks contributing Mr. GREENWOOD. These prescrip- how the benefit is paid for while the something out of their pocket so that tion drugs, as miraculous as they are size of that senior population is 38 mil- they understand this is a shared re- and as beneficial as they are, are in- lion versus when it becomes 70 million sponsibility between the Federal Gov- creasingly expensive. Not only are they and our options are so few? ernment and the Medicare beneficiary. expensive, it is not simply that the Mr. GREENWOOD. That is an issue Mr. BURR of North Carolina. The price of a particular medicine goes up for our children. How they are going to gentleman is exactly right, and I think and up and up; but as this chart here be able to pay for the costs of our re- for the average American who watches shows, the total pharmaceutical spend- tirement. This issue gets complicated, the nightly news or reads the morning

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.202 pfrm06 PsN: H23PT1 H3624 CONGRESSIONAL RECORD — HOUSE May 23, 2000 paper, they would probably go away Mr. GREENWOOD. Mr. Speaker, se- happen to be Republicans; and we can from that news show or from that arti- curity is what all seniors want. It is say, because we work more closely and cle in the paper thinking, my gosh, Re- what we will want when we are seniors, more frequently with our Republican publicans are over here and Democrats and that is the security, the peace of Members on our side of the aisle, from are over here as to who they are trying mind to know that I do not have to the Speaker of the House to the major- to help, and the reality is that we are worry about whether I can afford the ity leader to the Whip to all of the offi- both right here. drugs that my doctor says I need. It is cers and leaders in our party down to We are targeting the same people as simple as that. I do not have to every Member, freshman on up, there is who do not have an annual income that worry about whether I can afford the a complete commitment and a desire is big enough to afford housing and drugs, the medicines that my doctor to get this job done. I think that is food and health care costs, where we says I need. That is what we ought to true on the Democratic side of the are going to supply a government sub- be about providing for Americans. aisle, and I think it is true in the sidy. We are looking at a group right I have what I call my Medicare pre- White House. above that where we are trying to fig- scription drug advisory group at home. But we know we cannot get it done ure out how can we do some type of I have seniors, I have disabled folks, I by ourselves. We can bring a Repub- phase-in subsidy to help them? have the local pharmacists. We sit lican bill out here, a purely Republican Then we are looking at the group around and meet regularly and talk bill, and if the Democrats in the House above that saying they are not all high about this issue and talk about where and the Senate tell the President it is income, but they have the capabilities the hardships are and talk about the a bad bill, he will veto it. That has not to buy into a plan to have coverage. people. Particularly, the druggist is an helped a single senior. The discrepancies between the plans interesting participant because he So we have to try to get a bill that are being floated in Washington talks about the people who come into through the Congress that Republicans are not about who is being covered. We his little store, his corner store, and and Democrats like. We have to be able are using the same $40 billion pot of try to buy a prescription drug, and he to do what most Americans want us to money. It may be configured slightly has to turn them away if they do not do, compromise, find the middle, ac- differently. The President gives a sub- have a plan or they are shocked by the cept each other’s positive suggestions, sidy to everybody on the front end. He cost of this. For those people, there is get that job done, put the bill on the lowers the price of everybody’s pre- no peace of mind; there is no security President’s desk. I believe that this mium so it is more attractive. We that the American dream afforded by President, as he leaves town, can say choose to have a market value on the these miracle products is for them. that is one thing I got done; and I But the bottom line is that we can do premium, and we go to what we refer think this Congress can say, come the it. We can do it as Republicans. We can to as the stop loss, a certain dollar election, come what may, we got that do it as Democrats. We can get the job amount on an annual basis where we job done. done, and we can get the job done this Because the odds are, even if we did say to a senior if they reach this, if year. not get this done this election, this they really get sick and they reach this Mr. BURR of North Carolina. Mr. year, wait till the next election, we point, they do not have any additional Speaker, the gentleman from Pennsyl- will be back in the same position. cost past that. Their plan picks up 100 vania is exactly right. Let me take this There will still be Republicans and percent of it. There is no co-insurance. opportunity in closing my part of this Democrats in town. The Congress may There is no copayment, once they out to say, for the first 5 months, there be divided. The difference between the reach that point. has been a tremendous amount of White House and the Congress will still The President’s plan does not do work, not only work by Republicans, be there. that. He subsidizes the premium costs. but by Democrats, a tremendous So there is no point in waiting. The We subsidize the high risk so that, in amount of work by the administration time to do it, as the gentleman from fact, we can say to seniors and disabled and by Congress to try to figure out North Carolina (Mr. BURR) said, is now. who are eligible for Medicare they will what the right plan is, to try to figure The will is here. The financial situa- never lose everything that they have out exactly what the benefit should tion is here to do it and certainly the because in any given year they have a look like and what value we can extend need to do it is. significant illness. to seniors under a drug benefit. Mr. Speaker, I thank the gentleman I think that is the role of the Federal Will it be perfect? No. But there is no from North Carolina for his participa- Government. That is the definition of a substitute for the commitment of this tion in the Special Order this evening. safety net when things get tough, they institution to say we need it and not do f are there. What we have tried to do is it today. This is not a time where we design a plan that says let us put can delay another year, another gen- ANNOUNCEMENT BY THE SPEAKER value, let us be honest on what the cost eration, another Congress, another ad- PRO TEMPORE is, let us give people confidence in who ministration. We do not get a better The SPEAKER pro tempore (Mr. they deal with, which is usually not opportunity than this where we have SHIMKUS). The Chair reminds all Mem- the Federal Government, that is why shown fiscal restraint, we have accu- bers that debate should be addressed to we chose the private sector, and let us mulated some additional money over the Chair and not to the viewing audi- say at what point their exposure stops, and above Social Security surplus, over ence. at what point do they reach where they and above every other trust fund that f do not have any additional costs. we have got. These are real dollars. STOP RISING PRESCRIPTION b 2000 As I said to my constituents, when we get to real dollars, when we know MEDICATION COSTS FOR SENIORS To some degree, it is criminal for us that we are paying down debt in a re- The SPEAKER pro tempore. Under a to ever present a plan that would sug- sponsible way, and we have got real previous order of the House, the gen- gest to individuals when they really dollars, we will look at real problems tleman from Washington (Mr. BAIRD) is get sick and they exceed a certain that we think we can solve. This is a recognized for 5 minutes. amount that the burden falls 100 per- real problem today. This is a real prob- Mr. BAIRD. Mr. Speaker, I came be- cent on them, when they have reached lem today that we can solve. fore this body about a month ago to ad- that point where they might have 100 All it takes is the will of Repub- dress the problem of prescription medi- prescriptions filled in a year. That is licans, Democrats, the administration cations, which my colleagues were ad- when they need us to kick in. and Congress. It takes every American dressing. I pledged at that time to go We are trying to design a plan that out there that is listening to us tonight back to my district and carry the gives them coverage underneath and that can benefit from these, calling voices of the people of my district back security underneath, but more impor- their Members and saying, do it now. to this body. tantly, security for what is unexpected. Do not wait. What we did was we visited senior We know in health care that happens Mr. GREENWOOD. Mr. Speaker, the citizen centers; and we asked the peo- many times. gentleman from North Carolina and I ple there, please share with us your

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.204 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3625 personal stories, your stories of what ries of people who are suffering, stories thinkable numbers, Armenians in the you are paying for prescription medica- of people who depend on medication to Ottoman Turkish Empire during World tions. We asked them to bring in their alleviate that suffering. War I and European Jews during World prescriptions, bring in their receipts. I Mr. Speaker, I call upon this body to- War II, most of the rest of the world can tell my colleagues the stories they night and in the remaining months of was looking the other way, although told were tremendously moving. this Congress to hear the pleas of the many knew what was happening. This pill bottle symbolizes the rising constituents of my district and the After the Holocaust, the Jewish peo- costs of prescription medication. Let constituents throughout this country. ple built the State of Israel into a pros- me share with my colleagues a couple Do not let prescription medications perous democracy, despite being sur- stories. A woman from Cinebar, Wash- continue to grow larger as this pill bot- rounded by hostile neighbors. Since the ington, who told me that they make tle indicates. Let us work together; let collapse of the Soviet Union in 1991, just barely under $1,000 they receive in us stop the rising escalation of pre- the Armenian people have worked to their Social Security and other bene- scription medication costs. Let us build democracy and economic reform fits, but they pay well over $500, $500 in work together and establish a real and in the Republic of Armenian, despite prescription medication costs. effective and affordable prescription being surrounded by hostile neighbors. Another woman who had been moni- medication benefit. One of the hostile neighbors who has toring the bimonthly bill she is paying f threatened Armenia since its independ- for her medications for the last year, in ence a decade ago is Turkey. It was, of one year, she saw a 20 percent increase, A TRAGEDY OFFSTAGE NO MORE course, in the territory of the present- a 20 percent increase in one year in the The SPEAKER pro tempore. Under a day Republic of Turkey and in the drug costs. previous order of the House, the gen- name of Turkish nationalism that the My own father who shared with me tleman from New Jersey (Mr. PALLONE) genocide against the Armenians took that a pill he took 8 years ago had cost is recognized for 5 minutes. place during the waning days of the $1 a pill at that time now costs $4 a Mr. PALLONE. Mr. Speaker, last Ottoman Empire. Yet Turkey con- pill. That is 400 percent inflation in 8 month a landmark decision was an- tinues its unconscionable official pol- years. nounced, marking an important rec- icy of denying that the genocide ever Mr. Speaker, this body has been in ognition of one of the most horrible took place. In today’s world, Turkey, a session now about 16, 17 months. We crimes against humanity of the 20th member of the NATO alliance, con- have named post offices. We have done century, the Armenian Genocide. What tinues to blockade its much smaller some worthy things for sure. But we was particularly important was that and more vulnerable neighbor, Arme- have not addressed this absolutely crit- the action came from the State of nia, despite Armenia’s standing offer to ical issue. Israel, the homeland of the Jewish peo- normalize relations without pre- While American citizens are doing ple who were victims of the Nazi Holo- conditions. without the medications that their caust. In the aforementioned Jerusalem physicians have prescribed, this body Israel’s education minister, Yossi Post article, Turkey’s official policy of has not acted. It is time to act. We are Sarid, made the historic decision to in- denial was described as ‘‘outrageous’’ capable of acting. clude the Armenian Genocide in the by Deborah Lipstadt, the American We need to do two things. We need to historian who defeated Holocaust de- cap the rising costs of prescription national curriculum. Mr. Sarid an- nounced his decision on April 24, the nier David Irving in a highly publicized medications. It is just not right for our libel trial in London court last month. senior citizens to travel to Mexico or traditional day of commemoration of the Armenian Genocide, at a ceremony Professor Yehuda Bauer, academic di- to Canada to buy medications that rector of Yad Vashem, Israel’s Holo- they cannot afford within their own in the Armenian Quarter of Jerusa- lem’s Old City. Expressing regret that caust memorial, stated, ‘‘If you accept country, even though those very medi- the U.N. 1948 definition of genocide, cations were funded by their taxpayer Israeli students know very little of the genocide that began in 1915, in which which we and many other nations have dollars. done, then there can be no argument It is even worse when seniors who some 1.5 million Armenians, one-third of the Armenian people, were killed by about calling this a genocide,’’ refer- cannot make that journey do without ring to Armenia. Turkish forces, Mr. Sarid said, ‘‘I will the medications they need, medica- Yet the decision by Israel’s education do everything so that Israeli pupils will tions to improve the quality of their minister was a difficult one. Israel has lives, medications to save their lives. study and learn about the Armenian been working to steadily improve its But they are faced with that terrible Genocide.’’ relations with Turkey at the same Mr. Speaker, the issue of Israeli rec- choice between paying the rent or pay- time that Israel works to improve rela- ognition of the Armenian Genocide re- ing for their medication. tions with Armenia. Mr. Sarid’s deci- ceived extensive coverage in an article The current policy is not acceptable. sion on including the Armenian Geno- that appeared in the May 12, 2000, It is not acceptable to put American cide in the Israeli curriculum prompted Internet edition of the Jerusalem Post citizens in that condition. It is not ef- an outcry in Turkey that included a titled ‘‘A Tragedy Offstage No More,’’ ´ fective because, when seniors do with- protest to Israel’s charge d’affaires in by Leora Eren Frucht. out their medication today, we will pay Ankara. higher costs tomorrow. As the article noted, ‘‘When Hitler Indeed, Mr. Speaker, Turkey fre- So the first thing we must do is cap ordered his death units to ‘exterminate quently has shown its willingness to the rising costs of prescription medica- without mercy or pity, men, women play hardball to intimidate other na- tion, and there are various ways to do and children belonging to the Polish- tions into not recognizing the Arme- it. But I call on this body today. Let us speaking race,’ he was confident that nian Genocide. When the National As- work together. This is not a partisan the world would overlook the mass sembly in France adopted a bill in 1998 issue. It does not matter whether a murder. ‘After all,’ he asked rhetori- to acknowledge the genocide, Turkey senior citizen is a Democrat or a senior cally on the eve of the 1939 invasion of promptly suspended the signing of a citizen is a Republican. They are enti- Poland, ‘who remembers the extermi- $145 million defense contract. tled to be able to take the medication nation of the Armenians?’ ’’ By the b their doctor says they need. time that the Nazis were finally 2015 The second thing we must do is es- stopped 6 years later, 6 million Euro- Thus, Mr. Speaker, considering tablish a meaningful and affordable pean Jews had been murdered, as well Israel’s vulnerable position in the Mid- prescription Medicare benefit so that as millions of other innocent victims of dle East and its need to cultivate rela- senior citizens can pool their resources other nationalities. tions with Muslim nations, the action and have predictable manageable costs Mr. Speaker, the Armenian and Jew- by Education Minister Sarid was a true when it comes time to get a prescrip- ish peoples are united in a common profile in courage, a real statement of tion filled by their doctor. bond of suffering and in the struggle to principle. This pill bottle is filled, not just with overcome the tragedies of the past. In closing, Mr. Speaker, I wanted to receipts, but with personal stories, sto- While they were being massacred in un- cite a letter dated May 22, 2000 that the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.207 pfrm06 PsN: H23PT1 H3626 CONGRESSIONAL RECORD — HOUSE May 23, 2000 Armenian Assembly of America has re- families of America because it is going Chinese economy for American know- ceived from Israeli Education Minister to take away many of the jobs that how and for American high-tech ma- Yossi Sarid, and I quote, ‘‘I fully in- people at the lower levels have. chinery. If that is the case, then there tend to allow Israeli pupils to learn the Trade with China is definitely going will be jobs created in America in the lessons of your tragedy, which is ours to be as bad or far worse than the trade high-tech area. At the same time we and the world’s, as well. Israelis are agreement with Mexico, which imme- are making a trade agreement, then let the last people who can afford to forget diately began to drain away certain us guarantee that the thousands and the tragedies of this magnitude.’’ manufacturing jobs. China is so much thousands of workers who are going to f bigger. China’s economy is controlled lose jobs are also given an opportunity and manipulated, and the likely danger to get some training in these high-tech THE MILLION MOM MARCH AND that our economy will be greatly im- areas. Let them learn how to be the SETTING AGENDAS pacted by China is even greater than people who hook up the technology. The SPEAKER pro tempore (Mr. anything that happened in the case of Some might even travel to China. Let SHIMKUS). Under the Speaker’s an- Mexican cheap labor destroying jobs in them learn how to manufacture the nounced policy of January 6, 1999, the America. gadgets and the gears and the switches gentleman from New York (Mr. OWENS) The question is, what does all this and the lines that might require skills is recognized for 60 minutes as the des- have to do with the million moms that are different from the manufac- ignee of the minority leader. marching? What does it have to do turing skills that the people who make Mr. OWENS. Mr. Speaker, I would with the setting of the agenda here in cars have, or the people who make re- like to begin by congratulating the this Capitol for the next few months? frigerators, or the various consumer Million Mom March. The Million Mom What does it have to do with the $2 products that are going to now be made March took place on May 14. I think trillion surplus we expect over the next in China. Let the people who lose the the moms marching had a lot to do 10 years? It all comes together because, jobs making those products begin to with our agenda here in Congress today as we lose those jobs that are going to make the products for the high-tech fly away to China, inevitably corpora- and tomorrow and our agenda for the revolution. They cannot do it without tions will pick up and they will go lo- rest of the year. I just hope that the some more training. They need train- cate plants where the cheapest labor moms realize that their power, the ing immediately. power of mothers marching, is great market is, where there are 25-cent-an- I do not know of any place where enough to have an impact and an influ- hour workers in China, where in some there is any legislation on the drawing ence on what we do here, in many cases they use prison labor. board which says we are going to have Already our economy and our stores ways. a massive emergency training program are flooded with goods from China be- Their immediate objective was gun for workers who lose their jobs as a re- cause everybody can make a killing. control, but there are many other sult of the China trade bill passing. In Companies can go and manufacture items that I would like to see placed on the long run, however, we do talk and goods at dirt cheap prices and then their agenda. I would like to see the have talked a great deal about revamp- mothers set the agenda for what is come back into our advanced economy and sell them at very high prices, rel- ing our school system, improving the going to happen here in Washington in atively speaking, and make a big prof- way we educate young people, so that the next few months. in the long run the young people who Mr. Speaker, there is a secret, almost it. So no industry, no corporation is going to back away from the oppor- are in school now will get an education a secret, that nobody wants to talk which allows them to fill those high- about that I think the million moms tunity to make these big profits. They will be chasing dollars at the expense tech jobs. And at least the China trade and the fathers too ought to be con- of the loss of many jobs. bill will not take away jobs in the fu- cerned with and should be discussing. So, what is one of the possible an- ture because the young people will be Fathers as well as mothers, and all of swers to the problem that will be cre- able and capable of stepping out of us, are concerned about the future and ated if the people who want to pass the school and commanding the jobs that concerned about the Nation’s future as trade bill prevail, and the rumor is do exist in the high-tech industry. it impacts upon our immediate chil- that they have enough votes and they They predict that there may be as dren and our grandchildren. We want will probably prevail tomorrow and many as 1.5 million job vacancies in to see a greater America, we want to there will be a China trade agreement? the high-tech industry in the next 5 see a better world, and we have a gold- There will be a huge loss of jobs. A years because of the fact that we are en opportunity here in this United country that has 1.2 billion people has not training enough people in com- States of America right now with the a lot of customers, they say, and they puter sciences and related sciences in surplus of $2 trillion over the next 10 want to get those customers. But be- our colleges so that vacancies are years as a possibility. It is possible fore they get to the customers, they going to be there. So our schools, then, that we may have a surplus of $2 tril- have a lot of workers who need jobs must rise to meet the occasion and pre- lion. and who will work for almost nothing pare youngsters for these guaranteed This year’s surplus is definitely, by and will undercut the workers here in jobs. the most conservative estimate, going this country. In the absence of any special edu- to be about $200 billion, $200 billion this So one possible answer immediately cation effort, what we are doing is year, and it will probably be no less is in the same breath that as we create going abroad. And one item that is than $200 billion for the next 10 years. jobs in China, as we lose jobs here and going to be on the agenda in this Con- I think the million moms marching create more jobs in China, let us re- gress in the next few weeks is the H–1B ought to know about that. I think they spond to the argument that so many of program. The H–1B section of the im- ought to be involved in a discussion of the proponents of the China trade bill migration law allows us to bring in for- what happens with that $2 trillion over have made, and that is that, yes, we eigners to fill the vacancies that are the next 10 years to impact upon their will lose jobs in manufacturing; yes, we created in the high-tech industry. And lives and their children’s lives. will lose jobs at the lower level of the primarily that is the target. They are I think the most comprehensive, the economy, but we will gain tremendous not bringing in these people for any- longest and the loudest discussion ever number of jobs and sales in the high- thing else. The great need is in the held in the history of our democracy tech industry. We are going to take off high-tech industry, information tech- should focus on this window of oppor- where a new boom, a new surge in the nology industry. So what we did not tunity that we have at this point. We sale of PCs and in the sale of services train our youngsters for in the past, started the debate today on permanent to established Web sites and all of the will now be taken care of by foreigners. trade with China. The relationship telecommunications, high-tech tech- And that will keep going. with China is relevant here in terms of nology that is necessary. We will be How are we going to deal with the the fact that some of us believe that the suppliers of that. vacuum created by the movement of the trade with China agreement will It may be true that for a while there manufacturing jobs to China if the have a great impact on the working will be this great surge of need in the only source of the manpower to fill the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.209 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3627 jobs that do exist is going to be the for- I thought was very appropriate, where [From the New York Times, May 14, 2000] eign countries, foreign countries who they applauded the activism on Moth- ACTIVISM ON MOTHER’S DAY have information technology expertise er’s Day. ‘‘No matter how simple it No matter how simple it looks, Mother’s and will send the personnel here? looks, Mother’s Day is a complicated Day is a complicated holiday. It has its roots Weaving this story together may, at holiday. It has its roots in mid-19th in mid-19th-century women’s activism, the beginning, sound very complicated, century women’s activism, championed championed first in 1858 by Anna Reeves Jar- vis and then in 1872 by Julia Ward Howe. but it really is not. It is quite simple. first in 1858 by Anna Reeves Jarvis and Their causes, honored locally on various Mothers should be aware of the fact then in 1872 by Julia Ward Howe. Their mother’s days in mid-spring, were improved that the best way they can take care of causes, honored locally on various sanitation, first aid and world peace. But ac- their children is to have an impact on mother’s days in mid-spring, were im- tivism is about the last thing Mother’s Day the policies that are made here in proved sanitation, first aid, and world called to mind in the 20th century. Washington, on the bills and the legis- peace. Woodrow Wilson proclaimed the first offi- lation that come to this floor. Mothers cial Mother’s Day on May 8, 1914, fulfilling a joint resolution of Congress that authorized should have an impact. b 2030 the president to proclaim the second Sunday I congratulate the mothers for under- in May as Mother’s Day and to request the standing the relationship between their ‘‘But activism is about the last thing flying of the American flag as a token of marching and the possibility of making Mother’s Day had begun to call to that fact. The patriotism has filtered out of their schools safer, of making their mind in the 20th century. Woodrow Mother’s Day over the past 86 years, making neighborhoods safer, of ridding our so- Wilson proclaimed the first official it hard to think of this holiday as an ac- ciety slowly of a menace that has Mother’s Day on May 8, 1914, fulfilling knowledgment, as the joint resolution put it, a joint resolution of Congress that au- of ‘‘the service rendered the United States by grown over the years because mothers the American mother.’’ have not been active in attempting to thorized the President to proclaim the The day has instead been formalized, com- end that menace. We have more than second Sunday in May as Mother’s Day mercially, into a festival of flowers and femi- 200 million guns in our society. Those and to request a flying of the American nine gifts and, perhaps, a few minutes of guns out there are menacing. Those flag as a token of that fact. The patri- hard-earned leisure. But it has also been guns out there represent danger to our otism has filtered out of Mother’s Day informalized, made a more intimate and less over the past 86 years, making it hard civic display of feeling. children. They recognize that, and There is something a little ambivalent, a their immediate focus in marching to think of this holiday as an acknowl- little archaic, about the formulaic ways we here on May 14, Mother’s Day, was to edgment, as the joint resolution put it, celebrate this day, if only because the status deal with the menace of the gun, the of the service rendered in the United of mothers has never been more complex. In immediate threat to the lives of chil- States by the American mother.’’ 1914, a mother’s service outside the home dren. Continuing to read from the New was mainly inferential. ‘‘The American I think that is appropriate, and I con- York Times editorial of May 14: ‘‘The mother,’’ Congress wrote, ‘‘is doing so much gratulate them for focusing on some- for the home, for moral uplift, and religion, day has instead been formalized, com- hence so much for good government and hu- thing very concrete. It is possible to mercially into a festival of flowers and manity.’’ There is a lot in that one word get some results if the mothers stay or- feminine gifts and perhaps a few min- ‘‘hence.’’ But these days there is no inference ganized. It is possible we will get some utes of hard-earned leisure. But it has about it at all. Mothers are as likely to work basic legislation passed which will also been informalized, made a more in good government as they are in the home. make the world of our children safer intimate and less civic display of feel- Perhaps the best fate for this holiday would be to make it, again, a day of open ac- with respect to guns. We have very lim- ing. There is something a little ambiv- ited objectives this year, and we ought tivism, as it is for the women marching on alent, a little archaic, about the behalf of gun control in many cities across to be able to meet those objectives. formulaic ways we celebrate this day, the country today. Not everyone believes, as But beyond that, mothers need to set if only because the status of mothers Julia Ward Howe did, that if mothers could a larger agenda. I think that The New has never been more complex. only come together somehow, world peace York Times certainly had it right when ‘‘In 1914, the mother’s service outside would ensue. But the second Sunday of every they said that perhaps the best fate for May could come to symbolize a powerful re- the home was mainly inferential. The ality of contemporary American politics. the holiday, Mother’s Day, would be to American mother, Congress wrote at make Mother’s Day again a day of open Women united behind a cause can be a pow- that time, is doing so much for the erful force for progressive social policies, activism as they did on this May 14. home, for moral uplift and religion, better child care, broader health coverage Mother’s Day has an interesting his- hence so much for good government and fully equal opportunity for them and tory, a very interesting history. and good humanity. There is a lot in their children. People say it is very unusual, very that word ‘hence.’ But these days there Mr. Speaker, there is a second edi- nontraditional, very unorthodox to is no inference about it at all. Mothers torial that was done the next day by have mothers marching on Mother’s are as likely to work in government as The New York Times, and it reads as Day, May 14. In my community, there they are in the home. follows: ‘‘The surge of energy was pal- were large numbers of mothers who pable yesterday as hundreds of thou- thought it was an insult. We did have ‘‘Perhaps the best fate for this holi- day would be to make it again a day of sands of marchers gathered on the Mall one bus load of mothers who came from in Washington to demand stiffer gun my district. They actually left the city open activism, as it was for the woman marching on behalf of gun control in control measures, and additional from my office, and they were mothers crowds joined in the demonstration at many cities across this country today. mostly of children who had been in- other sites around the country. jured or killed by guns. There were Not everyone believes as Julia Ward ‘‘The event may not have reached the large numbers of other mothers who Howe did, that if mothers could only million mom goal set by some alliter- were really more traditionalist and come together somehow, world peace ation-loving promoters, but the turn- said, no, I am not ready yet. would ensue. But the second Sunday of out, estimated at more than 750,000, But I think I would urge all mothers every May could come to symbolize a was nonetheless impressive, especially to rethink the possibility that Moth- powerful reality of contemporary on a day traditionally devoted to fam- er’s Day should be a day of activism, American politics. Women united be- ily gatherings. There is a real hope and maybe fathers should take note hind a cause can be a powerful force for that the seed planted by this march too and make Father’s Day a day of ac- progressive social policies, better child could blossom into a movement that tivism. If we care about the next gen- care, broader health coverage and fully could change the dynamics of the na- eration, our children, our grand- equal opportunity for them and their tional struggle to achieve sensible gun children, one of the ways we should ex- children.’’ That was the New York control.’’ press our concern for their survival is Times editorial of May 14, the year I am quoting from The New York to try harder to have an impact on 2000. Times editorial. I am not going to read what happens in our government. Mr. Speaker, I ask unanimous con- the entire editorial, but another sec- Now, let me just read from The New sent to enter the statement in its en- tion of it reads as follows: ‘‘The march- York Times editorial on May 14, which tirety in the RECORD. ers offered a sound agenda ranging

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.210 pfrm06 PsN: H23PT1 H3628 CONGRESSIONAL RECORD — HOUSE May 23, 2000 from the registration of all handguns broadcast media denigrating the event and conventional wisdom that prevails here and the licensing of all handgun owners offering its own tepid alternative, a program in Washington. to mandatory safety locks and full to teach gun safety in every elementary I am not going to set female rea- background checks before all gun school classroom in America. A full-page soning up against male reasoning. I N.R.A. ad in The Times on Friday derided know there was a recent article in the sales.’’ the march as ‘‘a political agenda This is a very limited, very practical, masquerading as motherhood’’ and called it New York Times that talked about the very reasonable agenda of the mothers ‘‘shameful to seize a cherished holiday for fact that women may have a chemical who came here on May 14. They are political advantage.’’ That seemed a dis- hormone that makes them more nur- asking for very little. I think it is pos- ingenuous complaint from an organization turing; and they may be more useful to sible that if they still organize they that regularly uses its lavish campaign con- civilization, because their immediate could gain this. I will just reread what tributions to seize the political process and response to danger and response to can be the summary of what they came thwart the will of the American people. challenges to the survival of them- The marchers offered a sound agenda, for: ‘‘The marchers offered a sound ranging from the registration of all hand- selves and their children is to close agenda, ranging from the registration guns and the licensing of all handgun owners ranks and to organize and to help each of all handguns and the licensing of all to mandatory safety locks and full back- other. handgun owners to mandatory safety ground checks before all gun sales. By con- I am not going to get into that kind locks and full background checks be- trast, the solutions offered by the N.R.A. of scientific basis that is being at- fore all gun sales. That is an agenda were laughably insufficient—safety edu- tempted to establish the fact that that mothers set to make their chil- cation in the elementary schools, better par- mothers are more suitable for main- dren safer in a very immediate and enting and better enforcement of existing taining our civilization and that laws, riddled as they are with loopholes. practical way.’’ Those are all laudable goals but would not women are more suitable for maintain- The editorial of the New York Times come close to stemming the epidemic of gun ing our civilization. Now men, I would on May 15, the day after the march violence. like to appeal to men to march also, ends as follows: ‘‘It is not yet clear how Even worse ideas came from some partici- since I was very much impressed, I was the gun control issue will play out po- pants in a countermarch staged by gun advo- down here for the Million Moms March, litically. Even as mothers were mobi- cates. They argued for the arming of teach- very impressed at the way that they lizing for their march, a new poll ers and other citizens and the right to carry turned this traditional holiday into a showed that the gender gap on guns is concealed weapons on the theory that if temporary movement, and I was very more of the ‘‘good’’ people owned guns for growing with men more apt to support self-protection, the ‘‘bad’’ people would be impressed by the editorials in The New the rights of gun owners and women deterred from attacking them. That sounded York Times that call for the mothers more interested in gun restrictions. more like a recipe for shootouts than for to make the temporary movement a The challenge for the marchers will be crime control. permanent movement. to turn the event into a sustained po- It is not yet clear how the gun control I only say that the permanent move- litical movement. issue will play out politically. Even as the ment should set a larger agenda; let ‘‘Many speakers held this as a histor- mothers were mobilizing for their march, a the mothers set the agenda for Wash- ical turning point in the gun control new poll showed that the gender gap on guns ington. Let the mothers set the agenda is growing, with men more apt to support the struggle, but it will only become so if rights of gun owners and women more inter- for the House of Representatives, for the marchers keep up the pressure on ested in gun restrictions. The challenge for the Congress. Let the mothers set the Congress to pass the modest but useful the marchers will be to turn the event into agenda for the end game negotiations gun control measures that remain a sustained political movement. Many that take place every budget year at blocked in a conference committee and speakers hailed this as a historic turning the White House. There is going to be on candidates running in the fall elec- point in the gun control struggle, but it will an end game negotiation where the de- tions to support strict gun control only become so if the marchers keep up the cisions will be made about how to laws. pressure—on Congress to pass the modest but spend some of that surplus. Nobody useful gun control measures that remain ‘‘The hands that rock the Nation’s blocked in a conference committee, and on wants to talk about it now. cradles have the potential to rock its candidates running in the fall elections to The Committee on Appropriations political institutions, but only if they support strict gun control laws. The hands process is moving forward with no dis- keep rocking hard.’’ That is the conclu- that rock the nation’s cradles have the po- cussion of the surplus. They are acting sion of the New York Times May 15 edi- tential to rock its political institutions—but as if we are still in a period of des- torial on the day after the Million only if they keep rocking hard. perate deficits. The Committee on Ap- Moms March. The hands that rock the Mr. Speaker, as my colleagues can propriations and the authorizing com- Nation’s cradles have the potential to see, I want to go further than gun con- mittees act that way in all cases, ex- rock its political institutions, but only trol. I think that the practical objec- cept one. Mothers need to know that, if they keep rocking hard. tives of the Million Moms March on last week, last week mothers, we Mr. Speaker, I ask unanimous con- May 14 are realizable. I think they passed a defense authorization bill sent to submit the entirety of the New should strive to see those objectives, which was $309.9 billion. The authoriza- York Times editorial of May 15 into since they are so limited, realized this tion bill already was $21.1 billion great- the RECORD. year. Why not? They are very modest er than the amount spent for the last [From the New York Times, May 15, 2000] goals. I would like to appeal, however, year on defense. However, the Repub- THE POWER OF MOTHERS MARCHING to the million moms and all the moms lican majority added an additional $4.5 The surge of energy was palpable yesterday and moms organizations everywhere to billion to the bill. as hundreds of thousands of marchers gath- go further and set a larger agenda, be- So if you want to know where the ered on the Mall in Washington to demand yond gun control, to make your chil- surplus is likely to go, if you want to stiffer gun control measures—and additional dren safe in this world, beyond gun know what the temperament is and crowds joined in the demonstration at other control to guarantee that your chil- what the likely manner in which it will sites around the country. The event may not dren have a reasonable opportunity to be wasted, you watch the defense budg- have reached the ‘‘million mom’’ goal set by some alliteration-loving promoters, but the pursue happiness. It will have the tools et. There is no great war on right now. turnout—estimated at more than 750,000 by and the capability to be employed in There is no evil empire to defend our- the organizers—was nonetheless impressive, the industries that are going to be very selves against, but it is the first place especially on a day traditionally devoted to complex and demanding in the future the extra money has been utilized. family gatherings. There is real hope that with respect to training and intellec- H.R. 4205, the defense authorization the seed planted by this march could blos- tual capabilities. bill, increases the defense budget to som into a movement that could change the Let us set the agenda so that they $309.9 billion. If we do not have the de- dynamics of the national struggle to achieve have a chance. Let us set the agenda so bate, if you are not aware throughout sensible gun control. That possibility clearly has the National that at a point in history where there the entire country that there is a win- Rifle Association running scared. It tried to is a $2 trillion surplus anticipated over dow of opportunity that right now we neutralize the impact of the march in ad- a 10-year period that $2 trillion surplus have an opportunity to use revenue vance with advertisements in print and is not squandered by the traditional that is available in constructive ways,

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.212 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3629 I do not say that the defense authoriza- mean more Federal control? We need sault on education now as they were 6 tions are not constructive, I just think the money from the Federal Govern- years ago, but here is an assault. they have enough money already be- ment to revamp our schools now. The In this letter from the NEA, it states fore the additional amounts were window of opportunity is now while we that the $1.3 billion in emergency grant added. have this great Federal surplus. There and loan programs proposed by the There is plenty of money to meet the are some States that have some sur- President for school repairs has been agenda that the defense and military plus. There are some cities that have cut from the budget, cut from the ap- establishment have set, the legitimate some surplus, but there is no surplus propriations. They did not put one agenda. I would like to see them ex- like the tremendous surplus that is penny in to replace that. There is no pand the agenda and use some of the being projected over the 10 years for school modernization and construction tremendous resources of the defense the Federal Government. money in the bill that is passed out of and military establishment to do more There is no place where we are going the Committee on Appropriations, the to help with disaster relief, disaster re- to find over the next 10 years a projec- subcommittee, by the Republican ma- lief in this country, disaster relief any- tion of sums like $2 trillion, this year, jority. where in the world. We have this huge $200 billion. So I think the mothers The possibility of reducing class sizes apparatus of equipment and men and who marched here ought to know and is cut down drastically when you do know-how and I think we ought to ex- ought to join the debate. not have the classrooms, when you do not have the infrastructure improve- pand the mission of the defense to be a b 2045 mission to help with natural disasters ments. The NEA study estimates that throughout the world. Mothers, keep the pressure on for there are $268 billion in unmet school We can spend the money well there, gun control, but, mothers, if you want infrastructure needs. Now, we are talk- but even then they have too much to save your children and want to ing about infrastructure, buildings, money. At the same time that they are allow them to join the 21st century that are needed to service the enroll- authorizing an additional amount for revolution which moves into a kind of ment right now. The population of the defense, the Republican majority and a cyber-civilization, a digital world, schools right now is being made to op- the appropriation committees have led where you have to have special skills, erate in inadequate facilities. We are the fight to cut education drastically. if you want all the children to be able not talking about projections over the Education has been cut, despite the to keep up with the rapid changes in next 10 years of enrollment, we are fact that we no longer have a desperate our digital society, then we have got to talking about the needs right now. $268 deficit. have the education revamping now. We billion is needed, according to the Na- They cannot argue, as they argued have to have the reform in education tional Education Association study, under the Newt Gingrich Contract with now. We need the computers in the yet, the cuts that were made by the America, that they had to cut school schools now. We need the teachers that Subcommittee on Appropriations for lunches and they had to destroy the know how to use computers to teach. education have wiped out any possi- Department of Education, they had to We need many of the items that were bility of even entering $1.3 billion for cut Head Start, they had to deny in- cut by the Republican majority in the emergency repairs. creases in higher education grants, be- Committee on Appropriations. They have eliminated the Class Size cause we had a deficit, the country was At this point, I would like to read Reduction Program, which was going on the verge of bankruptcy. That was portions of a letter that was submitted forward without the extra classrooms. the illusion that they painted. That from the National Education Associa- We started that last year by appro- was the picture that they painted. tion. It is headed by Robert Chase, who priating money for additional teachers. The country is not on the verge of I heard speak a few months ago, and he The assumption is if you have addi- bankruptcy now. So why are the Re- talked about the fact that our schools tional teachers, the ratio of pupils to publicans leading these tremendous have a great deal of needs operation- teachers will be smaller in each class. cuts in education? Why at a time when ally, but there are even greater needs The problem is that if you do not we are opening trade with China, trade in terms of the infrastructure. Our have the classrooms, you can give with China, which will draw out our school buildings, our school equipment, money for more teachers, but there is manufacturing jobs, the jobs for entry- our laboratories, there is a great need no way to reduce the class size. In the level persons who do not have an edu- for an investment there. case of New York City and a few other cation? Why at a time like this are we I want to congratulate Mr. Chase and places across the country, they have going to cut back on the education the National Education Association, put an additional teacher in the class- budget? Yes, it is true the Federal Gov- because following their statement of room. When you have young children ernment only gives a small portion. that need, they went out and they did in the elementary grades, a teacher at It provides a small portion of the an in-depth study, a thorough study one end of the room and a teacher at education budget. Most of the edu- from State to State of what the needs the other end of the room trying to cation budget is provided by the States were for our school infrastructure. In- teach 2 different classes is definitely an and by the localities, but the Federal frastructure means buildings, it means adventure slated to not be successful. Government’s 7 percent or 8 percent is gyms, it means laboratories and cafe- Various other adaptations of the a key amount, and the fact that it is terias, it means classroom space. That teaching takes place when you do not only 7 percent or 8 percent is unfortu- is what infrastructure means. In addi- have the classroom space. But, never- nate. There is no reason why it could tion to infrastructure, they also stud- theless, I certainly support the pro- not be larger. ied our technology needs in the gram to have more teachers. The dogma has been over the years schools, computers and the hookups We wanted to put 100,000 new teach- that the Federal Government should you need for the computers in terms of ers in our classrooms over a 3- or 4- not spend more money for education, wiring, et cetera. year period. The successful class size because we want to keep our schools So the National Education Associa- reduction program has already helped under local and State control. But if tion is certainly qualified and has schools to hire 29,000 highly qualified there is only a 7 percent investment in earned the right to criticize the recent new teachers. Just last November, Con- the schools, there is certainly no way cuts that the Committee on Appropria- gress agreed on a bipartisan basis to you are going to take over the schools. tions has made in the education bill. continue and strengthen this critical And if we increase the 7 percent invest- Let us remember now that the major- program as part of the consolidated fis- ment from the Federal level to 25 per- ity party, the Republican majority, is cal year 2000 appropriations bill. Elimi- cent, there still is only a 25 percent the same party which 6 years ago pro- nation of targeted funds for class size power, 25 percent of the power, the posed that we abolish the Department reduction will not only jeopardize the other 75 percent of the power would of Education. They proposed that we gains already realized, but will prevent still be at the local and State level. cut Head Start, they proposed that we the schools from hiring an additional What is this great myth that more cut school lunches. They are not as 20,000 qualified teachers to serve an- State, more Federal money would bold and as open and honest in their as- other 2.9 million children. We urge the

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.214 pfrm06 PsN: H23PT1 H3630 CONGRESSIONAL RECORD — HOUSE May 23, 2000 committee to restore funding for this to other reforms. The debate about $253.8 billion, about $254 billion, for in- critical program. what the other reforms should be frastructure other than technology. The Teacher Empowerment Act might continue for some time, but the They conclude that just for tech- Block Grant, the subcommittee bill money would be there when we reach nology, we need $53 billion additional. provides for $1.7 billion for a block consensus on programs that do work. They have mapped it out quite thor- grant consolidating the Eisenhower We know that there are some pro- oughly. Unmet needs, school mod- Professional Class Reduction Program. grams that do work. Head Start works. ernization funding, totals, when you Because the bill provides only a mini- We know that. The TRIO programs add technology and infrastructure to- mal increase above the current fund- work; we know that. There are a num- gether, $307.6 billion. They break it ing, schools seeking to hire additional ber of different programs that we agree down in two areas, school infrastruc- teachers to reduce class size will have work. They should be the recipients of ture and technology. to do so at the expense of programs to the increased funding first. Then addi- School infrastructure means deferred recruit and train teachers. In other tional programs that are designated as maintenance, take care of that, new words, the Republican majority has programs that work can be funded also construction, renovation, retrofitting, folded in other programs into the out of the second half of the 10 percent additions to existing facilities, major money and into the program that was of the surplus. improvements. The results would be designed to get additional teachers. What is 10 percent of the surplus this that we would have to bring it up to Insufficient funding for the teacher year? It would mean $20 billion; $20 bil- par, spend that $254 billion that I spoke quality programs, they have cut that lion into education this year. $10 bil- about. also. They have frozen the funds for the lion of that goes toward school con- Educational technology, they define critical Title I programs. The sub- struction and infrastructure improve- that. A comprehensive definition of committee bill not only eliminates tar- ment. Then you would you have $10 bil- educational technology according to geted funding to help low-performance lion left for other reforms and edu- the NEA study is multimedia com- schools maximize student achieve- cation improvements. puters, peripherals, software, ment, but the subcommittee bill denies I am certain that there are many connectivity, networks, technology in- additional math and reading services who dismiss this proposal right away frastructure, equipment, maintenance to 260,000 disadvantaged children. as being too ambitious, out of harmony and repair, professional development Just last fall, the House passed a bi- with what is practical and acceptable, and support. partisan Student Results Act setting but those of us who are Members of b 2100 the Title I authorization level at $9.85 Congress know better. We authorized a billion, yet the subcommittee bill pro- $218 billion program for a 6-year pro- All of that goes into the physical vides almost $2 billion below this level, gram for highways just a year ago, so needs for technology. They do not talk something like $7.8 billion. So there is $218 billion for highways over a 6-year about training teachers. That was a another cut in a critical program. period was not unthinkable. We can different bill, and we still need that. There is no program that has been think big when it is necessary. What does it all add up to in terms of more critical than Title I, which is a We have just increased the defense the States? They break it down accord- basic thrust of the Federal Government budget, as I said before, increased it to ing to the needs of each State. One in elementary and secondary edu- $309.9 billion. Just as an afterthought, might be interested to know that at cation. Title I provides funds to schools we added $4.5 billion to last year’s the very top of the States in terms of where the poorest youngsters are at- budget. The President had already infrastructure needs stands the great tending, and it is designed to enhance added $21 billion to it. So we think big, Empire State of New York. New York, the school program with extra services. and we think in the billions. There is according to the National Education They have eliminated $20 million for no reason why we cannot think about Association study, New York’s infra- elementary school councils, frozen $20 billion for education improvements structure needs total $47.6 billion. New funds for bilingual school programs, re- in one year, especially if half of that York has the greatest infrastructure, fused to give additional funding for goes toward construction. they call it unmet needs, greater mod- Head Start. All of this adds up to a hos- School construction and infrastruc- ernization of unmet needs in New tile Republican majority attacking ture expenditures for wiring schools, York, the infrastructure is $47.6 billion, education again through the budget ac- for technology, et cetera, those are technology is $3 billion. tion. All of this is an indication that items which do not involve inter- According to the survey and the there is no concern about the fact that ference by the Federal Government in standards supplied by the National we have a surplus, a $2 trillion surplus the operation of a local school. Those Education Association, the total need over a 10-year period. are capital budget items. The Federal in New York is $50.6 billion to bring We are not going to spend the money Government gives the money, let us do their schools up to par, to meet the on education if we continue to follow the construction, let us revamp the needs of the 21st century in infrastruc- the leadership of the Subcommittee on schools, repair those schools, let us ture and technology combined. New Education which passed out this appro- wire the schools so they can have York is so bad off, they are in such ter- priations bill. They refused to discuss Internet access, let us buy computers, rible shape, that the second State in the surplus. But the million moms out let us do the capital improvements terms of need is about half that there who marched on March 14 ought necessary, and then the Federal Gov- amount. to wake up and ask the question, what ernment can get out. The operation of Now, California is the second State are you going to do with the surplus? the school goes on, and you actually in terms of infrastructure need, tech- And the second question is, what are free up additional dollars so that the nology need. California is number two. you going to do about education with State and the Federal Government dol- Even though California has a much the surplus? lars, more of them can be spent on larger population, their infrastructure There is no reason why we cannot operational activities instead of cap- need is only $22 billion, not even half of simplify matters. I think we should ital budget activities. New York State’s $47.6 billion. Their make it easy on ourselves and dedicate That is a simple formula. The technology needs are greater because 10 percent of the surplus, no matter amount of money spent for construc- New York, according to the survey, has what it is. If it goes down, then it is 10 tion is no threat to local control at all. done more in terms of computerization percent of whatever that is; if it goes It is an easy way to relieve the burden than California, so the technology up, it is 10 percent of that. Ten percent at the local level. needs of California are $10 billion, for a of the surplus over the next 10 years If these amounts seem too great, let total of $32,901,000 that California needs ought to be dedicated to education, to me just go back for a moment to the versus New York’s $50,675,000. I am educational improvements. Half of it National Education Association study. talking big figures, these are big num- can go in the form of the improvement The National Education Association bers. Let us not run away from them. of the infrastructure for schools all study is very revealing because they Do we know the cost of one nuclear across America; the other half can go conclude, as I said before, that we need aircraft carrier? We do not run away

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.216 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3631 from the cost of a nuclear aircraft car- Mr. Speaker, there are a lot of argu- Roman technology and the Roman en- rier. It is more than $4 billion. Do we ments that make sense, and yes, they gineers and the Roman scientists were know the cost of a Sea Wolf sub- have gone forward; but suddenly there at their height, they invented concrete. marine? It used to be around $2.1 bil- is silence about even the President’s They built magnificent structures. lion. It has probably gone up by now. In proposals which he made in the State They were way ahead of the rest of the weapons technology, the Star Wars, of the Union address are not getting world at that time. the new missile defense system that we any great amount of discussion here on At the same time the Roman engi- are going to construct, I think we Capitol Hill. The Senate and the Con- neers and the scientists and the crafts- added almost $6 billion more to play gress are moving at this point as if men were doing such great work, the with that some more. We have spent there is no surplus. If there are discus- Roman politicians were so backward billions of dollars over the years to get sions of a surplus, and there are, I am that they were feeding the Christians a missile defense against terrorism. We sure, they are all behind the scenes to the lions in the colosseum. The engi- are willing to throw away additional getting ready for D–Day when the neers built a magnificent colosseum, money on that. Democratic President and the White but the Roman politicians determined Common sense tells us that a ter- House will have to sit down with the who died, who was fed to the lions. So rorist does not need a long-range mis- Republican-controlled Congress, and the savagery and the backwardness of sile to throw a bomb into a crowded they will dole out what happens to por- the politicians, of the policymakers, of city, or to bring a bomb into a crowded tions of the surplus that they are going the people in charge was the beginning city. There are many, many ways other to spend this year. of the downfall of Rome. than the firing of a long-range missile. Mr. Speaker, it is our duty to send Mr. Speaker, we have so much going So a system which is designed to stop them a message. Public opinion is still for us economically, scientifically, long-term missiles where we have al- vitally important. It is not as impor- militarily. Why is it that we cannot ready spend hundreds of billions of dol- tant as it used to be because there was make decisions in this case in response lars, we do not need to spend more bil- a time when public opinion was used as to our own electorate, in response to lions of dollars. But my argument is a barometer for a lot of decision-mak- the mothers and fathers out there who that this is the way it will be thrown ing and people would say well, I have answer the polls? The pollsters tell us away. It will just be flushed down the to do it because the public wants it. I they want more money spent for edu- drain, all of the surplus money, in one cannot do it because the public is cation. When they questioned the peo- foolish project after another by policy- against it. Never before has public ple more closely within the category of makers who ought to know better, opinion been as strong as it is now in education, they said they want us to under pressures from lobbyists and favor of the Federal Government pro- fix up the schools. How much more in- from corporations and from hundreds viding more assistance to education. formation do we need? How much more of people who will make millions of For the last 5 years, public opinion has instruction from the people do we dollars as a result of our wasting our told us that education ranks as one of need? money. the top five priorities of the public for Mr. Speaker, there is a stubbornness The best defense for America is in the use of government money, govern- which is dangerous. There is a stub- brain power, developing maximum ment funds. For the last 2 years, edu- bornness which is deadly. There is a brain power so that when the China cation has been number one. Indis- stubbornness which we see in the fig- trade agreement begins to siphon off putably, this year education ranks as ures related to gun control. We are a the jobs for our young people, the brain the number one priority according to Nation of savages when it comes to the power that has been developed in those the public. The polls that are taken by number of people who die from gunshot young people to step forward and take the Republicans show the same as the wounds every year. Compared to the those high-tech jobs that we still have polls that are taken by the Democrats. other industrialized nations, Germany, left. We do not have to bring foreigners Why is our leadership fully aware Japan, France, we have 100 times more in with an H 1 B program to take the that education is a number one pri- people dying from guns, being killed by jobs that our own youngsters should be ority of the public refusing to respond guns. No other nation allows 200 mil- trained for. It all comes together. by dedicating more of our resources to lion guns to circulate in their society. Let the mothers set the agenda. Let education? Our leaders who read these The mothers were late, the mothers the mothers have the common sense to public opinion polls, we pay large were late, but at least they are there do what so far the policymakers here amounts of money to pollsters to do on gun control. are not willing to do. Let the mothers the polls. Some of them come free from There are other kinds of savage acts in on the discussion. Let us not keep objective sources that have no stake in that are taking place that need to be proceeding toward September when the politics. Why are they not listened to? challenged. There was a book written end game negotiations will take place Now, we are like the Roman Empire called Savage Inequity, which was a and decisions will be made about what right now in terms of the rest of the book describing the way the school re- we should do with the surplus. Yes world. We sit on top of the world as the sources are allocated in New York there have been some proposals by the only superpower; and it is to our credit City. They compared the best schools President, and I support all of his pro- that we are a superpower not only in in certain neighborhoods with the posals. He proposes to use some of the military terms, but in terms of influ- worst schools in other neighborhoods. I money to deal with the Medicare prob- ence of our popular culture, in terms of am sorry, it was not just New York lems, the problems of Medicare, the our compassion. Probably no nation City, it was other cities as well. They possible deficit in Medicare in 15 or 20 can match our overall compassion called it savage inequities in the way years. Some of the money can be used when it comes to international emer- we are educating our children. That to deal with that. gencies. The history of defending de- was almost 20 years ago. The savage in- The President is proposing we use mocracy far from our shores is written equities in the way we allocate our re- some of the surplus to deal with a pre- in the blood of the young men who died sources for education have gotten scription drug benefit. That is one of on the beaches at Normandy and on it worse, not better. Now we have the re- the possibilities. Another possibility goes. So we have a lot to celebrate, and sources. We have a $200 billion surplus has been, of course, that we pay down if there is any empire that exists now this year, and over a 10-year period, a the debt, the most popular one; and I in the modern 21st century, then the $2 trillion surplus. Why not end the am all in favor of paying down the empire of America is one that we can savage inequities? Why not end the debt. But we are not in a situation be proud of, not an empire built on savage inequities? Do we need the where all of the funds have to be used blood, but the empire can fall. mothers to come here and tell us what to pay down the debt at once. Why not Mr. Speaker, we are in the same piv- to do? invest in education, because the invest- otal position as the Roman Empire I think in 1990, March 27, 1990, I made ment in education will only increase was. Science and technology, military a speech on the floor of this House the surplus and increase the health of might has brought us to this point. But which was called, ‘‘Keeping Our Eyes the economy. let us remember, at the same time on the Real Prize: The Child Care Bill.’’

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.218 pfrm06 PsN: H23PT1 H3632 CONGRESSIONAL RECORD — HOUSE May 23, 2000 At that time we were considering a bill nounced policy of January 6, 1999, the very difficult in this Nation, but our for child care, and again, we were nick- gentleman from Colorado (Mr. country came together. The President, el and diming the situation, looking at MCINNIS) is recognized for 60 minutes. at the time, felt that we needed to have ways in which to cut pennies from the Mr. McINNIS. Mr. Speaker, before I some type of system to assist our sen- program at the same time the savings begin my remarks, and I plan extensive ior citizens who could no longer work. and loan swindle was raging. Billions of remarks this evening in regards to So- So in 1935, the President signed in a dollars were going down the drain from cial Security, I think it is a very im- system called Social Security, which the taxpayers to take care of the portant subject and I hope that as was designed for the individual. crooked savings and loan swindles and many as can will stay so that they can In 1939, the United States Congress deals, and we were nickel and diming hear these comments. I look forward to broadened the new program from a the child care program. a debate in the future on these com- focus strictly on an individual to a There was a meeting held here, I will ments in regards to the Social Security focus on the family. Now, is Social Se- not go into the details of that meeting, system. I think it is awful critical, but curity in trouble? And why is Social and Marian Wright Edleman was in- before I get there I have a very special Security in trouble? And to the extent vited to that meeting. She is the head announcement this evening. Social Security is in trouble, we should of the Children’s Defense Fund. The Thursday of this week, at 9:00 in the discuss that this evening. discussion that took place at that morning, in Grand Junction, Colorado, Clearly, Social Security on a cash meeting and the way in which they re- our little baby, Andrea, graduates from basis, that means the money in the sponded to her, the negative way in high school. I never imagined that I bank today, the money in the bank which many of the persons at that would see my youngest child all of a today, Social Security has a huge sur- meeting, Congress persons, responded sudden now a fine, beautiful, intel- plus, but it would be like a pilot flying to her simple plea for more money for ligent woman. I mean, she grew up through the clouds coming to the con- child care upset me to the point where overnight. So as soon as the vote on clusion that because they have not hit I wrote my first rap poem and found China is finished tomorrow night, I will a mountain they have clear sailing that rap poems are a good way to get depart promptly for Colorado. ahead. Social Security does not have off your frustration here in this place. I do want to say how proud I am. I clear sailing ahead. There are moun- I called that rap poem, ‘‘Let the am sure all of you have experienced tains in those clouds; and all of us, the Mothers Lead the Fight.’’ I dedicated it this as well, but my wife and I now face people of this country, are in that air- to Marian Wright Edleman and the the empty nest syndrome. We are not plane. And, frankly, we are flying with Children’s Defense Fund. It is very ap- looking forward to that. We have had instruments that are not appropriate propriate now. The mothers are leading awful good years with Daxon, Tessa, to get that airplane through those the fight, they came to Washington, and Andrea, but we will adjust. clouds without hitting those moun- and I just want to close out by reading We are pleased to announce that all tains. this rap poem that was put into the three of the children will be in college; Right now the plane is flying fine. On CONGRESSIONAL RECORD on the 27th of unfortunately all at once so as one can a cash basis Social Security has a huge March, 1990. It is relevant. see, our budget does not have a lot of surplus of money, but on an actuarial Let the mothers lead the fight; sisters fluff to it. basis, meaning we look into the future, snatch the future from the night. Dangerous Now let us move on to Social Secu- we figure out what our liabilities are dumb males have made a mess on the right, rity, the subject of which I really want and we figure out what our assets are, macho mad egos on the left swollen out of and as we go further and further into to focus on this evening. I am going to sight. the future we find that our assets dwin- talk about several things in regards to Let the mothers lead the fight. Drop the dle and our liabilities increase, and at linen, throw away the lace, stop the murder, Social Security, but let me make some point about 2035 as we know it sweep out the arms race. Let the mothers something very clear at the beginning lead the fight. today, about 2035 those two will meet. of this speech, and that is the speech is In other words, the assets equal the b 2115 not intended to be partisan but it is liabilities. Immediately thereafter, the Use your broom. Sweep out the doom. Do necessary to distinguish between gen- liabilities, in other words the cash not fear the mouse. Break out of the house. erally what the Republicans feel about going out, exceeds the cash coming in. Rats are ruining the world. Let the mothers Social Security and generally what the Now one good thing about the United lead the fight. Democrats feel about Social Security. States Congress, one good thing about Fat cats want to buy your soul. Saving the There is a dramatic difference be- other policymakers in this country, children is the mother’s role. Cook up some tween the policies in regards to Social and the various senior citizen organiza- cool calculations. Look some of new recipes. Security of the Vice President, Mr. Lock the generals tight down in the deep tions, is that, for a change, Congress is freeze. Let the mothers lead the fight. GORE, and the policies of the governor looking into the future. Instead of Human history is a long ugly tale. Tragedy of the State of Texas, George W. Bush. waiting for the crisis to actually beat guided by the frail monster male. Babies So as I go through my comments this at our doorsteps, we are looking at a bashed with blind bayonets. Daughters evening, I hope to distinguish for those crisis that is 35 years out. Now that trapped in slimy lust nets. Across time hear out there in this audience here, Mr. does not mean we can wait for a very our loud terrified wail. Holocaust happens Speaker, because there are two distinct long period of time, because at some when the silly males fail. Let the mothers directions that we can go in hopes of lead the fight. point that actuarial liability is accel- Snatch the future back from the night. doing something with Social Security. erating at such a fast speed that if one Storm the conference rooms with our rage. So, again, let me repeat it once more. does not catch it early on they cannot Focus x-rays on the Washington stage. The My comments are not intended to be a stop the momentum. But we have some world is being ruined by rats. Rescue is in partisan attack, but I fully intend to time if we act on a reasonable and the hands of the cats. Scratch out their lies. distinguish between the Republican po- prompt basis. That is why the discus- Put pins in smug rat eyes. Hate the fakes. sition and the Democratic position in Burn rhetoric at the stakes. Enough of this sion of Social Security should play a endless bloody night. Let the mothers lead general as it regards Social Security very predominate role in the elections the fight. and the future of Social Security. this fall. Holocaust happens when the silly males I think a way to begin a discussion Now let me visit just for a moment fail. March now to end this long ugly tale. about Social Security is to talk just a why Social Security is in trouble. It is Let the mothers lead the fight. little about the history of Social Secu- really pretty simple. It is called demo- Stand up now to the frail monster male. rity. As many people know, Social Se- graphics. Look at these numbers. In Let the mothers lead the fight. Snatch the future back from the night. Let curity was started in 1935. Now, it was 1935, in 1935 when the Social Security the mothers lead the fight. not an idea that just sprung up over- system started, we had 42 workers for f night. It was an idea that was created every one worker who was retired. So as a result of many years of the in 1935, 42 workers were in the work- SOCIAL SECURITY harshest economic times this country place. One person was retired. Today The SPEAKER pro tempore (Mr. has ever faced, the Great Depression, that ratio is no longer 42. Look how TOOMEY). Under the Speaker’s an- 1929. In the 1930s, things were very, dramatically that number changes.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.219 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3633 Today, instead of being 42 that num- Let me say that, first of all, what we evening, let us start with an example. ber is 3. So, in other words, in our have is not a dangerous situation for Let us start by putting ourselves in a workplace today, we have three work- people today that are on Social Secu- place of, all of a sudden, coming upon a ers for every person who is retired. rity. Any individual out there who great deal of money. For example, let Within the very near future that num- today is collecting a Social Security us say one of my colleagues here in the ber will drop to two. This is one of the check faces no risk as a result of the Chamber won the Lotto, and one won a problems that we have. factors I just told them about. In fact, great deal of money. Let us just say Now that problem is one of the fac- really anybody over about 40 years of one won $10 million. So one decided tors we have to consider that has cre- age does not really face any kind of wisely that one is going to put a per- ated the demographical situation with risk of losing their Social Security centage of that $10 million aside for Social Security. The other problem benefits. It is that other generation, it one’s retirement. So one decides one is really is pretty good news for all of us. is the generation of my Andrea or my going to take a million dollars and put That is the American health care sys- Tessa or my Dax, those three children it aside for one’s retirement. tem. Because of preventive medicine, of Lorie and mine, that is the genera- Let me ask my colleagues, would any because of the fact that we have made tion which faces that risk. of them in this room send that $1 mil- successful assaults on many different If our generation fails to act for that lion to the United States Government diseases since 1935, the life expectancy generation, we should hold our heads in Department of Social Security to in- has increased dramatically. In 1935, the disgrace. There has been a generational vest it with the other funds in Social average male could expect to live until trade-off in Social Security, and what Security? Any one of them? Of course he was 61 years old and the average fe- has occurred is that the younger gen- they would not. There is not a one of male could expect to live until she was eration, frankly, is now subsidizing the my colleagues in these chambers, there 65. Now, today, look at how that has older generation. That is okay if there is not one of them in these chambers changed. This has gone up to about 74 is a system that when the subsidizing that would take a million dollars of years, and this has gone up to about 78 generation moves up the generation be- their own cash and invest it in the cur- years. hind them can actually subsidize and rent Social Security system. Now what has happened in the mean- Why? Because they know that the time is, no adjustment that is propor- on an actuarial basis subsidize the gen- chances of them seeing that on the tionate to that increase in age has oc- eration in front of them. That is not other end are diminished significantly. curred in regards to the Social Secu- what is happening today. What is hap- They know that almost any other man- rity system. So we have these dynam- pening today is that the average couple agement policy, including the lowest ics. We have people living to an older on Social Security takes out about paying savings account at any bank, age. We have people healthier, and we $118,000 out of the system more than the lowest paying at any bank in this have more people in the retirement they put into the system. country, find the lowest paying savings category than we do in the work stage. b 2130 account that one can and one will still When we put those elements together, That is being subsidized by this one can see that there is a collision do a whole lot better putting one’s younger generation. course that is going to occur out there money in there than one will into the So the older generations in our coun- at some point in the future. We can Social Security system. try, say from 40 up, and I fit in that So how do we change this? What are avoid that by putting proper instru- the plans out there? It has been very mentation into the airplane. category, their Social Security will be Now, what do I think is the most safe. But those generations from 40 and clear to me, and I am sure it is very dangerous risk that we have with So- under, they have a right to demand of clear to my colleagues that, in the last cial Security today? What would we, as every one of us in these chambers, of 2 weeks, 2 different paths have elected Members of the United States every elected Federal official in this emerged; that the policy of the Vice Congress, as Members who have fidu- country, not what are you going to do President and that the policy of the ciary duties to our constituents, what for us, but what are you going to do for governor of the State of Texas, who is do I think we have the most to fear? our generation, especially when it the Republican nominee, obviously, for What risk would we put the people that comes to Social Security. President. The Vice President obvi- we represent, what would be the most Let me read a letter that I received ously is the Democratic nominee for dangerous risk that we could place from a gentleman, a friend of mine, President. For one of these two people them in in regards to Social Security? named Roger Zion. He belongs to the is going to be leading this country. One It is very simple, two words: Do noth- 60-plus senior citizens organization. It of those two paths would be advocated ing. is a brief letter, but I think it is suc- by that individual when they become Mr. Speaker, we will break a bond cinct. President. with the people that we have com- I want to talk about Social Security. So let us take a look at them. The mitted to serve; we will be in breach of Thanks to the lockbox provision, which by Vice President’s policies, in my opin- our fiduciary duty to the people that the way was Republican activated, ‘‘my So- ion, what we have seen in the last sev- we represent and to the next genera- cial Security, such as it is, is assured. But I eral months are simply fear tactics of, tion that follows the older generation am interested in my children. They should oh, my gosh, the sky is going to fall have a chance to choose between the Gore we now have, if we sit here and we do down if we dare try and do something plan in which they invest in a government different with Social Security. The nothing. That is why I think it is so plan that grows slower than the rate of infla- important for me to be here this tion or the Bush plan where they invest in Vice President’s policy has been to sup- evening and have the kind of discussion the market. Just think of the boost the mar- port the status quo. If one dares even that we are going to have, because I do ket would get with thousands of new inves- talk about changing the status quo, not believe that we can afford to sit tors. why, for some reason, one has com- idle and do nothing. To me that is just Under the Gore plan, at my children’s mitted an assault on senior citizens. as dangerous as sitting in that airplane death the money goes to the U.S. Treasury. Remember, that senior citizens, and flying through the clouds saying, look, Under the Bush plan, it is left to my grand- this is a fact that should be disclosed children. They can invest it to stimulate the in their commercials, senior citizens we know we do not have the right in- market, or they can spend it to stimulate strumentation but let us just relax. the economy, or they can contribute it to face zero threat, no threat of losing Let us talk about it. We cannot do it the Boy Scouts or the Girl Scouts or some their Social Security dollars. Persons and we will not do it, and I will say other charity. over 40 years of age face no threat of why we will not do it because there are I wish I could have had that choice 50 years losing their Social Security dollars. enough of us in here that understand ago. I would be a rich man. Now I want my So, the status quo means the the dangers that face Social Security, children and my grandchildren to have that generational trade-off, that is what I that understand the option of do noth- choice. call it, the generational trade-off. That ing is, in fact, no option at all. So what As we begin the detailed assessment is a do-nothing policy. It means that do we do? What kind of differences do of both of these plans that I am going the older generation is fine, but the we have? to address my colleagues with this younger generation is at risk.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.221 pfrm06 PsN: H23PT1 H3634 CONGRESSIONAL RECORD — HOUSE May 23, 2000 We need a man that keeps the older The question comes up to all of us, do Democrats jump up and immediately generation safe and allows the younger we want a President who is going to try and convince, in my opinion, generation who have 20 or 30 or 40 years stay the status quo, or do we want a through their policies that the seniors left in their working career, give them President that is going to take a bold are going to lose their Social Security. an opportunity to have something a move and do something and move? Let me reiterate it very clearly. That little better than what our seniors That point comes out here in the last 2 is not what is happening here. I have have today. weeks. The governor of the State of not seen a plan by anyone on either We are not asking for dramatic Texas has proposed that the members, side of the aisle that threatens seniors change. In fact, I do not think we have people who work out there, have a sys- who are currently on Social Security to guide the plane, so to speak, the air- tem very similar to what the Federal in any way whatsoever. It does not plane dramatically to avoid hitting Government has, that is, that they be happen. The real threat comes for that that mountain. But if we do not change allowed to own, literally own a portion generation under 40. the direction of the plane ever so of their Social Security, only 2 percent Frankly, the Vice President’s poli- slightly, we are going to hit that of their withholdings. So one takes 2 cies throw people under 40, our young mountain. My colleagues know what percent of the withholdings, and one people in this country, my colleagues the results are. would allow the worker out there to better tell their constituents who are Back to the Vice President’s policies. own a piece of the action. under 40 to take a very careful look at They have no choice, if they continue What has the response been? Now, by the present Social Security system. on the course of which they have sup- the way, as I will get into the further They also ought to take a very careful ported, but to raise payroll taxes. That details, that proposal is voluntary. We look at who is going to make the first is the highest tax one sees on one’s are not saying to the worker, they have move, the bold move to protect Social check today. to join this system. It is the same Security for those under 40. By the way, I heard, I got an e-mail thing as the Federal employees. I can tell my colleagues that to pro- the other day that Members of Con- The people of America need to know, tect the people under 40 they cannot gress and Federal Government do not Mr. Speaker, that the system we are accept the status quo. This airplane, pay Social Security tax. We pay Social under allows us ownership, that the re- referring to the Social Security sys- Security. I faxed out a copy of my pay tirement system that every Federal tem, is headed for a mountain. It is not stub today to some people who said, employee can participate in addition to going to get there for a few minutes. It how can you talk about Social Secu- Social Security allows choice by the is not going to get there for the people rity. You do not even pay Social Secu- employee. It allows one to go to very, that are 40 and above. But for those rity. We do pay Social Security. Our very conservative guaranteed invest- people 40 and below, if we do not retirement system, by the way, in the ments or to direct a small percentage change the course of this airplane, it is United States Congress is the same as of one’s salary towards high-risk in- going to hit a mountain. other Federal employees. vestments. One gets to participate. Let us talk about a quote that the But back to my point. As we begin to We do it for 21⁄2 million Federal work- Vice President himself made in Janu- reach that actuarial basis where we ers. Why not take a look at that sys- ary of 1999. The Vice President said, need to have cash and we do not change tem which has proven highly popular ‘‘One of the single most important sa- the system, the only answer we have, and highly successful? Why not take lient facts that jumped out at every- we are never going to be able to shut what we have learned from that sys- body is that, over a 10-year period in the people off, nor should we. tem, says the governor of the State of American history, returns on equi- The only response that we have is Texas, and move it over to Social Secu- ties,’’ that refers to the market, the one of several things. One, we start to rity. stock markets, ‘‘are just significantly tax the benefits. We go out to these The response has been interesting. higher than these other returns.’’ At seniors and we say, Look, we have got Some of the negative arguments that any given 10-year period of time, those a cash crisis. We have got a crisis. We have surfaced, i.e., it is stock market returns are significantly higher. should have planned for it 30 years ago, roulette, one could lose all one’s but we did not. So we have to tax the money. Well, one has got to talk about Now, the Vice President’s policy ig- benefits. a concept that I think is very impor- nores that today. But the fact is his The other course of action that we tant, and it is called dollar cost aver- statement that he made in January of are going to have to do is raise the pay- aging. The only way that one would 1999 is, in fact, accurate. roll tax. Both of those are approaches lose all of one’s money on the stock Let us take a look at what the rate of which I think are punitive to the work- market investment like this is that return has been in Social Security. For place out there. one puts all one’s money in the market today, for those people under 40 years The other thing that we would have one day and one loses it all the next old, let us say, for example, we have a to do, we would have to raise the re- day. young working couple, let us pick a tirement age. Now, there are some ar- My position is that one goes into couple, 30 years, 35 years old. They guments in raising the retirement age. what is called dollar cost averaging, have got children. Do my colleagues If we do increase retirement age far and that is one invests, it is a very know what their return is averaging enough out as people begin, as their small percentage, just like we do with today on Social Security? 1.23 percent. life span begins to increase, perhaps the Thrift Savings with the Federal Find me one savings account, Mr. there is some basis for that type of ar- Government employees, one invests Speaker, anywhere in this country at gument. those dollars over time. Through time, any bank, at any credit union, any sav- But the first two policies of the Vice one has cycles, one has up days or, like ings and loan, find me one bank that President, raising the taxes and taxing today on the market, one has a down pays interest rates that low. the benefits, are not the answer. We day. But over time, it is the average of That is exactly what a young couple, have got a better answer. that dollar that brings one the return. the people that I am talking about this The other way, some other things We are going to talk about returns evening, the professional women, the that we can do that we have heard dis- here in a moment. But the clear mes- professional men, the young couples, cussed, reducing the cost of COLA’s, sage that we have here is that the So- the homemakers, that is what they are adjusting the benefit formula. cial Security, the people who partici- facing. Now, in the last couple of weeks, we pate in the system, could actually get Now, let me tell my colleagues some- have heard some discussion, maybe that opportunity to participate with- thing else a little more alarming. For what we ought to do with Social Secu- out the kind of risk and the fear tac- those of my colleagues who are par- rity, maybe what we ought to do is do tics that are being thrown out there. ticularly adept at minority issues, be- what Federal employees do, what Mem- Do my colleagues know what we hear cause the life span of some minorities bers of the United States Congress do. about when we talk about change, and, in this country statistically is lower This is nothing new. The Vice Presi- frankly, this is a difference, when the than others, that return actually is dent’s plan stays the course. Republicans talk about change, the below that.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.222 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3635 b 2145 of that advertising. Do not be fright- my remarks, I have yet to find one They deserve more. They deserve bet- ened as we get into a political season that is disgusted with this system; that ter. And, frankly, those of us who are by those advertisements, which were is afraid the system endangers their fu- over 40, our generation is enjoying the primarily run by the Democratic Na- ture retirement; that believes any kind benefits of the previous generation. It tional Committee last time talking of fear tactic about this system. It is is an obligation of ours to do some- about our policies and trying to drive not there. The system works, and it thing with that return. It is not their the seniors’ thoughts and decisions can work for Social Security. That is job, the under 40, to change the direc- through fear tactics. Let us drive it what the Governor says. tion of that plane, it is our job. That is through simple arithmetic. Let us Now, how does thrift savings work? our job to do and we should do it. And drive it through the math. Let us take an example: Myself. I get a we have a plan that I think will work. The plan would take about 2 percent paycheck once a month from the Fed- Now, take a look at stocks. Take any of payroll-taxed income and would set eral Government. I am a Federal em- 10-year period of time. On average, we up personal-managed accounts. Now, ployee. I do pay into the Social Secu- should expect stock returns around 7 what does that mean? That means that rity System; but on top of that, we percent. Now, remember that is dollar Social Security takes a certain per- have the Thrift Savings program. And averaging. Around 7 percent. Now, tell centage out of our payroll checks, and what that does is it allows for me to me what kind of rocket scientist does out of that amount of money, let us designate up to 10 percent of my salary it take, with a small amount of money, just imagine it in a pot. Here is an in- and put it into a plan called the Thrift not the entire retirement, but to be dividual’s pot of money. The govern- Savings Plan. If I put in 5 percent, the able to just take a small amount of ment takes it from that person’s check Federal Government will match it with money, a small percentage, 2 percent of and puts it into Social Security. Out of a 5 percent put-in as well. Now, I can money that is earning 1.23 percent, and that pot there would be a huge safety contribute up to 10 percent, but the moving it into an account that is earn- net. In other words, most of the money Federal Government only matches the ing 7 percent over a 30- or 40-year pe- in that pot would go into the Social Se- first 5 percent. riod of a work career. That makes a big curity System so that no matter how When it goes into the Thrift Savings difference. And that is the difference an individual’s own personal-managed Plan, I then own that. I own that plan. that these young people in our country account did, they would always be It is under my name. If something hap- deserve. guaranteed at least a minimum retire- pens to me, there is an amount of If we want to talk about doing some- ment supplement. money that can be transferred to who- thing for the children, look at the plan As it is today, it is a supplement. It ever I would like; to my family, in this that the Governor of the State of is not intended to be a full retirement, case. Texas, George W. Bush, has put for- and I should have mentioned that when So once it goes into the system, then ward. If we really want to not just be I talked about the history of Social Se- what do I do? Basically, we have three talking out there, buffaloing people curity. It takes the majority of that choices as a Federal employee. The about doing something for the chil- money and puts it into the safety net, first choice that we have is to put it dren, if we really want to do something but it takes a small percentage of that into an investment that is absolutely for the children, look at this Social Se- money, which, over time, can really, on safe, has 100 percent guarantee by the curity System and look at that plan a cumulative basis, add up, and it government, but the rate of return is that the Governor of the State of Texas takes that small percentage of money very small. I think last year, and has proposed. and allows the worker, the person pay- maybe I have got the return figure Let us go into a few details about ex- ing the bill, the person that is getting here, very small, maybe 4 or 5 percent, actly what the Governor of the State of stuck with the tab, it allows them to but it has a 100 percent guarantee. So Texas has proposed. Let me explain manage the account. For younger ac- those of us that want to participate in first of all the attitude that we can see counts, for the younger generation, it thrift savings but do not want any- in the plan, the attitude that comes makes that generational reverse. It be- thing to do with the risk, we can go out, that just beams out of that plan. gins to come back. It begins to be fair- ahead and designate our personal ac- First of all, it is a can-do attitude. We er to our children, to our people, to our count that is in our name and put it in can do something. It is a can-do atti- young couples under 40. that ultra safe investment. tude. We can do it. We can come up Now, how would the system work? Or we have two other choices. Those with a system that, without putting at The individual, very similar to what we choices are we can go into the bond risk an individual’s retirement, we can have at the Federal system, would take market or we can go into the stock give them a better return than 1.23 per- that small percentage of money. And, market. Now, the bond market has no cent. We can do it. by the way, they do not keep it in their guarantees to it, but it has a higher re- We see it. We see the feeling of that, pocket. The worker does not keep it in turn. Remember, the higher the risk, let us do something attitude. My col- their pocket. They are simply assigned the higher the return. The lower the leagues, we cannot just sit here, and an account of which they own. Which risk, the lower the return. So in our this is exactly what the Governor of means, by the way, if they die, they first account option that we have as the State of Texas’s policy is, we can- can pass that on to the next genera- Federal employees, we get a low return not sit here with the status quo. Those tion. They can give it to the local char- but we have low risk. who are not willing to participate ity. So they actually have ownership of And by the way, the Thrift Savings should move aside, because we have to that small percentage, and they get to Plan, just like the proposal for Social try something. And here is something, direct how it should be invested. Security, is voluntary. None of us in by the way, that has already been tried Now, let me explain very briefly just this room have to participate. Not one and tested and has been successful. exactly how our Thrift Savings Plan Federal employee out there has to par- This plan tracks the plan that, my works, because the Bush plan, the plan ticipate in this. But if we want to in- guess would be, every one of us in these of the governor of the State of Texas, crease our risk a little, then we can go Chambers participates in and 21⁄2 mil- as I said repeatedly throughout my into the bond market or we can go into lion Federal employees also participate comments so far this evening, tracks the stock market. in. It works. And it took somebody to very closely the Thrift Savings Plan Now, in the stock market fund, for make a bold move to put us into that. that is offered to all Federal employ- example, over the past 10 years, the av- I think it is very interesting. ees. Now, currently, today, as I men- erage rate of return from the stock- Now, let me go through what the tioned several times, 21⁄2 million Fed- based option under that plan has been Vice President has said; that seniors on eral employees take advantage of this 18 percent. Now, that sounds like a Social Security and people close to re- plan. I have yet to find one Federal em- great return. It is a wonderful return, tiring would stay in the current sys- ployee, I have yet to find one of my but there is risk involved there. And tem. I have mentioned that several colleagues, including any of them on everyone who invests in the Thrift Sav- times. The seniors should have no con- the floor, and I look forward to dis- ings Plan signs a statement. They go cern, and they should not listen to any cussing this with them after I conclude over very carefully what the risks are

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.225 pfrm06 PsN: H23PT1 H3636 CONGRESSIONAL RECORD — HOUSE May 23, 2000 of the three different options. They lay it out in as simple terms as we can. your retirement is still in place, be- give the historical average of what the Let me point out, before I go on a little cause you are only managing a small returns have been. There are no secrets further in that regard, one way to help portion of it. It is the same thing with in this plan. It is a very employee-ori- us understand this. There are some this proposal on Social Security. We ented plan. Web sites on the Internet, and actu- are not talking about 100 percent of On the bonds, over the last 10 years, ally, some of these Web sites actually your Social Security goes under your their rate of return, the government have calculators on them so we can go management, but what we are talking bonds was 7 percent and corporate to these Web sites, take our own per- about is that you are going to be able bonds was 71⁄2 percent. Last year’s re- sonal examples and we can look and de- to take a small percentage of your in- turn was 20.95 percent. This is the termine what happens to us if we stay vestment and invest it; and I think you Thrift Savings Plan. This is the plan under Social Security under the Vice are going to do a lot better than 1.23 that the Governor of the State of Texas President’s policy of maintaining the percent, but if you did not, the bulk of has said we should take a look at for status quo, of keeping a system that is your Social Security for those of you 40 Social Security. Why can we not apply crippled, a system that is actuarially and under will at least still be pro- those principles, what is good for gov- bankrupt, and we can actually look at tected. ernment employees, what is good for this site and determine what our re- Now, the question we face tonight the United States Congress, to Social turn, a pretty good guess of what our and the questions the American people Security? return is going to be. And it also allows face tonight is do we go ahead and bury The minute that the Governor of the the option to look at the proposal by our heads in the sand in regards to So- State of Texas proposed that, we heard the Governor of the State of Texas, cial Security, or should we accept some generally from most of the Democrats, George W. Bush, which is, as I said, bold leadership that is willing to set oh, my gosh, the sky is going to fall in. very similar to the Thrift Savings sail in a storm; that is, willing to step Even though, in fact, they are bene- Plan, and figure out what the return forward and say, look, do not accept ficiaries. The Democrats are bene- would be there. the status quo, move aside. If you do ficiaries of the plan that we are pro- Let us look at these very carefully. not want to work on it, move aside, but posing to give to the workers at large. The first Web site, 60plus.org/SavingSS/ do not prevent me from coming up with Why should this sort of plan be re- savings.htm. I will leave this up here a plan that will be viable for the Amer- stricted to us? Why restrict it to Fed- so my colleagues can have an oppor- ican people, and that is exactly what eral Government employees? Why not tunity to write it down. The second the governor of the State of Texas, let the entire country share the bene- site that I will put right here is em- George W. Bush, is saying. fits of it? Now, keep in mind my comments ear- The Democrats are the first ones to power.org/html/, and the third one is lier that this is not a new invention. jump up and criticize, oh, my gosh, socialsecurity.org/index.html. This is not something that a rocket what happens if we change the status b 2200 scientist suddenly came up with. This quo? We cannot change the status quo. I will keep these up here for a few is kind of a copycat. We have had Let us get out there with the people minutes, colleagues, so my colleagues somebody else break the snow through that are most dependent with Social can write it down, and what I would the mountain forest; somebody else al- Security and let us scare them. My col- urge my colleagues to do is pass these ready has a path through the forest. We leagues, we owe more to the people we Web sites on to your constituents. Be have been following this path and, represent. Let us lay out both of these straightforward with your constitu- frankly, we followed it for 40 years plans, as I am attempting to do this ents, and I do not doubt that my col- under Democratic leadership, and they evening. leagues are all going to be that way, Let me tell my colleagues, the leader would not change it. but do not let politics drive us into in objections to the Governor’s plan So for 40-some years under the Demo- putting out propaganda or into slant- has been the Vice President. Do we cratic leadership, we followed that ing the people out there and letting want a new president that decides to path, but now we have discovered an- them believe that the status quo is keep things status quo? I want a presi- other trail. Somebody has showed up in going to be good for those people 40 and dent that is going to be dynamic. I the horizon; it happens to be the gov- under. want a president that is willing to take ernor of the State of Texas. He says Clearly, as I said earlier, and it is a bold moves. I want a president that can why do you not try this path? And by statement I repeated numerous times, look at a system that needs to be fixed the way, it is not a new path. Who has but we need to repeat it, for those of and fix it. And fix it. walked in the path before? That is a le- And how interesting. I did a little re- you who are 40 and over; the status quo gitimate question for you to ask. search this evening. I found something will protect you, the proposal by the Before you go through the forest very interesting. In 1988, when the governor of the State of Texas does not with this person, it is a legitimate rea- Members of the United States Congress threaten anyone age 40 and over. What son, a question for you to say now, decided that they wanted to secure it does is enhances the opportunity for wait a minute, governor of the State of their future a little better than Social those who are 40 and under, it enhances Texas, what kind of path are you going Security secured it for them, that they their opportunity to avoid the moun- to lead us through? We are going wanted to get out of this category of a tain that this plane is headed towards. through some pretty tough mountain 1.23 percent return, they created the It allows those 40 and under to actu- country here. What kind of path? Any- Thrift Savings Plan that allowed them ally have a piece of the pie, to own body else been on this path? And the that ownership. And guess who one of some of the action, to be involved in answer would be yes, 21⁄2 million Fed- the supporters of that was? The Vice the investment decisions. Now, it is eral employees have walked through President. The Vice President’s policy true that some will make careless deci- this path. They have plowed the snow; at that point in time, when he was a sions, that some may decide to put all that is a plan that Federal employees Member of Congress, was to allow Con- of their 2 percent into the stock mar- get to participate in, and 21⁄2 million of gress and Federal employees to have ket, and they may lose it. them have chosen to do so. this thrift savings system where they Let us say over a short period of time And you know what, they are coming get the option of individual choice. on dollar averaging, the return could out on the other side of the mountains. How interesting that in 1988, the Vice come out shorter. The beauty of this And you know what, when they come President’s policy was that this is a plan and the beauty of the Thrift Sav- out, to date, those Federal employees good viable plan and today, even ings Plan is, no matter how badly you since 1988 have said, hey, this is a good though the plan has been a tremendous mess up in Thrift Savings because of system, including the Vice President of success, the Vice President says, oh, your own personal management, and the United States, who in 1988 endorsed my gosh, it is too volatile, we cannot you have the opportunity, I mean, you going on that different path. He sup- do this kind of thing. want higher risk, you get a higher re- ported it. And in January, he also ac- It is very, very simple, in my opin- turn, you have higher risk. No matter knowledged the returns were better, al- ion. It is very simple, and we should how bad you mess it up, the bulk of though today, the Vice President’s

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.226 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3637 policies are do not dare go on a new they deserve more. We owe them more. And in that Declaration, which is our path. We have got to stay on the same So colleagues, I hope all of you partici- heritage, it goes on to say we hold old path through these mountains. pate with me in this Social Security these truths to be self-evident that all Well, what we are saying is that debate. men are created equal, that they are same old path is bringing some pain to I look forward to debating any one endowed by their creator with certain some people. Those people 40 and over that wants to discuss the subject; but if inalienable rights that among these are are going to be able to walk the old you are a Federal employee, and I am life, liberty and the pursuit of happi- path just fine, because they are most of referring to all of the Congress people ness, that to secure these rights, gov- the way down it. They are almost to here today, if you are a Federal em- ernments are instituted among men de- the other side of the mountains, but ployee when you get ready to debate riving their just powers from the con- the young people in our country, those me, you better justify with me at the sent of the governed. people that are out there in the work- beginning of the debate, you better jus- Mr. Speaker, this Congress exists as place 40 and under, and those who are tify why it is okay for you to have a part of a continuum of representatives not old enough yet to work, they are Thrift Savings Plan that allows you who have come here throughout the going to have to start on this side. And management and ownership and inher- ages, and so many of us raised our the conditions are worsening on the itance rights under that plan, but it is right hand to say the words of our de- path. not good enough for the average work- sire to protect and defend the Constitu- Those 40 and over have missed the er, American out there, unless they are tion of the United States as my good snowstorm. There is now snow coming a Federal employee. friend, the gentleman from Colorado down on that path. We have got treach- If you cannot justify that at the be- (Mr. TANCREDO), spoke so well a few erous weather ahead, but we had an op- ginning of the debate, I win by default. hours ago, our purpose as Members of tion. And that, again, is what I stress I win the debate by default. I win the Congress, our first and foremost to de- to all of us tonight, put your politics argument by default. You know that fend the interests of the United States aside just for a little while and say and I know that. of America. does the Thrift Savings Plan work for In conclusion, Mr. Speaker, I urge all Now, certainly as Members of Con- me as a Federal employee? of you to go back to the American peo- gress, we can make the decision to see And there is not a one of you in this ple and say, look, it is time for new whether it is the interest of the Amer- room that will not say yes to that. Of leadership on Social Security. It is ican people to engage in trade with na- course, it works for you, or you would time for a slight change, not a dra- tions of the world, and we have done not be participating in it. And by the matic change. The sky is not going to that. Indeed, this House of Representa- way, you do not have to participate in fall down, but it is time we look be- tives has taken the position time after it. yond our blinders; it is time that we time that we should use trade as a Then the next question you would moved it just a little. Because if we means of exchange among the nations, logically asks if it works for me, why move it just a fraction, over a period of but at no time has this House ever do not we apply it to Social Security? time that angle becomes dramatically stood back and renounced its obliga- Why do we not try and take a plan that different and our airplane will not hit tion to uphold the highest of principles allows a worker to direct and partici- those mountains. pate in the management, a small per- Let us follow through with the fidu- upon which this country is based. centage of the money that is taken out ciary obligation we have to our people. I do not think there is a Member of of their payroll check and put it into Let us save Social Security, not just this House who came to Washington the Social Security system. for the next two generations, but for without being animated by those lively I intend to have several more discus- the next 15 generations so that those sentiments of faith in America, of hope sions with my colleagues on the floor generations can in turn save it for the in our country, of a belief in the Amer- in regards to Social Security. I think it next 15. ican dream, of wanting to share that is probably one of the top four issues f with everyone. And so when we cast a that should be discussed in every elec- vote on trade issues, we may do so with tion and every debate this season. PERMANENT MOST FAVORED the highest expectations, but we must And as it is brought up in debates, I NATION STATUS FOR CHINA do so with the proper dose of reality. would urge my colleagues, put aside The SPEAKER pro tempore (Mr. That is why, Mr. Speaker, I think it is the fear tactics, talk the numbers. We SWEENEY). Under the Speaker’s an- important that when we are looking at know factually that this plan, Social nounced policy of January 6, 1999, the all the promises and claims that are Security, if we stay on the same path, gentleman from Ohio (Mr. KUCINICH) is being made about the benefits of per- that in 2035, this plan will be actuari- recognized for 55 minutes. manent most favored nation trading ally bankrupt; we know that. You do Mr. KUCINICH. Mr. Speaker, tonight status for China, that we look at the not argue it; we do not argue it. It is a I am going to be speaking about the recent history of the implementation fact. So use that in your debate. permanent most favored nation status of a major trade agreement which some We know that the seniors who are for China. And in the time that follows, Members of this Congress had the op- currently on the Social Security today I hope to demonstrate to the Members portunity to vote on, a major trade and those who are 40 and above face no of Congress why this legislation ought agreement which was promoted by the danger of losing their Social Security to be defeated tomorrow and why this current administration, a major trade benefits. You know that on this side; Congress needs to return to the roots of agreement known as the North Amer- we know that on this side. That is a our country, the historic roots which ican Free Trade Agreement, NAFTA, fact. Put it in there; list your facts in have been the result of people really that took effect with such great fan- this debate. caring about human rights, caring fare on January 1, 1994. We know that somebody has to about the rights of all people. change. Now, that is debateable. The When this country was founded, it b 2215 Democratic leadership, the Vice Presi- was founded by people who felt that, as dent’s policies are continuing down the the Declaration of Independence indi- In this report by Charles McMillion, same path. Our policies, our new pro- cates, it was necessary for people to he said it was ‘‘the first ever experi- posal is let us just change the path a dissolve the political bands which have ment in rapid and sweeping deregula- little. We are not saying change the connected them with another, and to tion of investment and trade policies path drastically; we are saying change assume among the powers of earth the between a low-wage developing country it a little. Go on the trail that has been separate and equal station to which the and highly industrial countries.’’ traveled before. Go on the trail that laws of nature and of nature’s God en- That seems at this moment as an has been successful. title them. A decent respect to the echo of what we are hearing in this de- Go on the trail that when those opinions of mankind require that we bate today over China, that it is still young workers get to 2035, they do not should declare the causes which impel another experiment in rapid and sweep- have to look at a return of 1.23 percent; them to the separation. ing deregulation of investment and

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.228 pfrm06 PsN: H23PT1 H3638 CONGRESSIONAL RECORD — HOUSE May 23, 2000 trade policies between a low-wage de- The calculations of NAFTA’s strong- are looking for. Recent history shows veloping country and a highly industri- est supporters show that even before that the current Chinese regime is alized country, the United States of NAFTA, wages associated with U.S. ex- completely incapable of reform on its America. ports to Mexico paid less than jobs dis- own. Consider the case of the 1992 Over 6 years later, we have the re- placed by U.S. exports from Mexico. memorandum of understanding be- turns from all the promises that were NAFTA’s investor guarantees, threats tween the United States and China on made from NAFTA. We remember of relocation and the size and growth of prison labor when China agreed to take those promises. As Mr. McMillion the Mexican labor force had an even measures to halt the export of products states in his report, ‘‘NAFTA advo- greater effect in depressing U.S. wages made with forced labor. According to a cates insisted that the agreement and profits. recent State Department report, and would create good U.S. jobs by pro- Now, I use this as a prologue to the this is a quote, ‘‘In all cases,’’ and that viding the U.S. a total trade surplus,’’ discussion about China, because trade is of forced labor identified by U.S. cus- and hear that word, they promised ‘‘a with China dwarfs trade with Mexico. toms, ‘‘the Chinese Ministry of Justice surplus in goods with Mexico of $50 bil- At this very moment, the United refused the request, ignored it, or sim- lion accumulated over NAFTA’s first 6 States annual deficit for trade with ply denied the allegations without fur- years.’’ But in the first 6 years, the Mexico is $70 billion. Since 1992, our ther elaboration.’’ U.S. has accumulated a trade deficit in trade deficit with China is over $350 bil- If America gives up its annual review goods with Mexico of about $93 billion. lion. Those are American jobs, and of China’s trade status, Congress will That deficit translates into a loss of they are not just shoes, they are not be unable to do anything about worker American jobs. So the promises of a $50 just handbags, they are high-tech jobs, rights there. Furthermore, giving billion surplus suddenly are turned which I am going to get into in a mo- China permanent MFN will be harmful into a $93 billion deficit. ment. to the U.S. economy, since the record McMillion goes on to say that What about permanent MFN status trade deficit with China and attendant NAFTA advocates expected the agree- with China? Contrary to what certain problems such as loss of U.S. jobs and ment to provide U.S. advantage over special interests are saying to Capitol lower average wages in the United the rest of the world in Mexico trade, Hill, it is neither necessary nor desir- States will worsen. For 1999, the trade assuring a U.S. trade surplus far into able to grant China permanent MFN deficit is likely to be nearly $70 billion. the future. During the first 6 years of trading status. Instead, Congress can Once China is awarded permanent MFN NAFTA, the U.S. suffered total current and should continue to review China’s and WTO membership, the trade deficit account losses to Mexico of $118 billion. trading status on an annual basis. Per- will worsen. The rest of the world enjoyed a surplus, manent MFN is not necessary. We In its September 30 report, the Inter- a surplus from Mexico, of $190 billion. know the WTO does not require that national Trade Commission concluded In his study, he points out that Mex- the U.S. grant China permanent MFN. that China’s accession to the WTO ico exported 621,000 cars, just to the In fact, the international trade agree- would cause an increase in the U.S. U.S., in the 12 months to June 1999, ment only requires that China receive trade deficit with China. As a matter of while the U.S. base producers were able MFN, but it does not specify that the fact, the news today is that this deal to export only 477,000 cars to the entire award be on a permanent basis. may actually hurt the trade deficit, world. The U.S. net export deficit with We could continue to review China’s and we all know that, that it will make Mexico for cars, light trucks and parts trading status on an annual basis and America’s already huge trade deficit reached $16.6 billion in 1998 and could satisfy the WTO. So long as the U.S. with China worse, rather than better. exceed $20 billion in 1999. The deficit does not allow the status to lapse, we This report from the Associated Press with Mexico for computers and com- would be in compliance without inter- economics writer, Martin Crutsinger, puter components reached $2.2 billion national trade obligations. There is no says opponents have gleefully seized on in 1998, and may reach $4 billion in legal reason requiring Congress to give the report by the U.S. International 1999. China permanent MFN status. That is Trade Commission to do their own Now, Mr. Speaker, I represent Cleve- just not my legal opinion, it is that of analysis, projecting the China deal will land, Ohio, in the Congress of the the Secretary of Commerce, William result in a loss of 872,000 American jobs United States. My community is a city Daley. At a news conference on Decem- over the next decade. of auto workers, of steelworkers, of ber 16, 1999, Secretary of Commerce That is 872,000 American jobs pro- people who work in industries con- Daley admitted to a reporter for a jected to be lost over the next decade. nected to aerospace, of small machine Washington trade journal that perma- Will those be jobs in Cleveland, Ohio? shops. It is a city which has a growing nent MFN is not legally necessary. Will those be jobs in New York? Will medical industry. It is a city which is However, the administration emphati- they be jobs in New Jersey? Will they trying to move towards high-tech. It is cally wants permanent status. be jobs in Pennsylvania, in Michigan, a city that I am proud to represent in Let me say why permanent status is throughout Ohio, in Wisconsin? Will the Congress of the United States, a not desirable. Permanent MFN for they be jobs in California? Will they be city which is an investment banking China will cost the U.S. the best lever- jobs in Texas? They will be jobs from and also insurance growth community. age we have to influence China to all over this country. But the jobs that made Cleveland, enact worker rights, human rights and A little bit later on, Mr. Speaker, I Ohio, great, indeed the jobs that made religious rights and protections. At the am going to address categorically this Nation a great Nation, were the current time, the U.S. buys about 40 where our high-tech industries are at jobs in steel, in automotive and in percent of China’s exports, making it a risk in this China trade deal. I will ad- aerospace, jobs which helped to protect consumer with a lot of clout. It is hard- dress categorically where labor rights this country through two world wars, ly that we are in a position of being a violations are taking place, and I will jobs which are part of our strategic in- helpless nation here. We still can and address categorically where human dustrial base, jobs which now we are should set the agenda. So long as the rights and religious persecution, finding through a single trade agree- U.S. annually continues to review Chi- human rights violations and religious ment, the North American Free Trade na’s trade status, we have the potential persecution is taking place. Agreement, jobs which began to slip ability to use access to the U.S. mar- Concluding for the moment, there is away, not only from Cleveland, but ket as leverage for gains in worker and no legal requirement to award China good paying jobs slipping away all over human rights. But once China is given permanent MFN. Permanent MFN the country. permanent MFN, we lose that leverage, would be a drag on the U.S. economy The U.S. net export losses to Mexico and China will be free to attract multi- and cost us the best leverage we have trade suggest a displacement of 378,000 national capital on the promise of to promote justice in China and higher wage U.S. goods producing jobs super low wages, medieval workplace throughout the world. So let us avoid a shifted to service producing jobs where conditions and prison labor. travesty. The President and the Speak- weekly wages are 38 percent lower, ac- Indeed, and unfortunately, that is er of the House and everyone should cording to the McMillion report. what some of our global corporations chime in and ask Congress to continue

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.231 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3639 its annual review of China’s trade sta- China. This deal is good for the Peo- wan, that it loses access to our mar- tus, and even at this late moment I ple’s Liberation Army of China, with- kets, they lose the PNTR. China will say, we can come together and approve out whose consent China could not not accept this; hence, it is unlikely unanimously of an annual review, but have made this deal. But while it is that the administration will accept it, China should not be given permanent good for the PLA, it is bad for Amer- and hence, it is unlikely that the Com- MFN status. ican security interests. mittee on Rules will accept it. I would At this point I would like to recog- There are three new developments. like to be pleasantly surprised in an nize my good friend the gentleman The first was brought up by the distin- hour or two, although I do not think it from California (Mr. SHERMAN), Mr. guished gentleman from Ohio, and that will happen. Speaker, if I may yield for a moment, is the report issued by the U.S. Inter- What does this mean to the Chinese? from Sherman Oaks, California, who so national Trade Commission. This is the It is sometimes said that China is in- ably represents not only that district, official government entity designed to scrutable to the United States, that it but the State of California in this Con- evaluate trade agreements. The study is hard for us to know what their sys- gress. I am honored to have the gen- was requested by U.S. Trade Represent- tem is doing. Trust me, we are at least tleman here this evening, and I am so ative Charlene Barshefsky, the chief as inscrutable to them. But how will grateful to have the opportunity to administration point person on negoti- they interpret the proceedings this share this forum with the gentleman. ating this deal. She asked for the week in this House? Mr. SHERMAN. Mr. Speaker, I thank study. The study came in and said, this An amendment was offered to say the distinguished gentleman from does not just make our trade deficit that if they invade Taiwan or blockade Ohio. with China permanent, it makes it big- Taiwan, they lose their trade privi- Mr. Speaker, I am for trade. I am for ger. Upon the release of the study, Ms. leges. That amendment, if it is re- engagement with China. I am for Barshefsky instead says that the study jected, sends the exact opposite signal. American involvement in international was premature. Well, that is obvious. A Who is to blame the Chinese hard-lin- organizations that took the lead in study that helps Congress reject this ers if they regard our decision this keeping us involved in the IMF. But I agreement is premature unless it is re- week to pass PNTR and not condition am against isolationism, I am against leased after we vote. it on whether Taiwan is blockaded or protectionism, and I am against this Mr. Speaker, this study came in right invaded, how are they to interpret deal. at the right time. It was commissioned that? They are educated in a Marxist I want to focus in the minutes that I by a trade representative who thought approach which says that corporations have on three new developments that it would show that this deal was good are all powerful. They look at this occurred today, that I hope Members for American working families. It House where they might see just a lit- listening at home or back in their of- proves the opposite. As the gentleman tle support for that proposition, and fices will focus on. But, before I do, I from Ohio clearly demonstrates, it they may very well conclude that their want to make a couple of comments costs us 872,000 jobs, but that is an new corporate allies will defend them building on what my distinguished col- underestimation, because all of the and defend open access to America’s league had to say. analysis of the U.S. Trade Commission markets even if they blockade Taiwan. The gentleman pointed out that this was done on the basis that China would They could reach that conclusion even whole WTO thing could take place at least adhere to the written docu- if some of us here who know this House without granting permanent most-fa- ment. They have not adhered to their better might reach the same conclu- vored-nation status to China. In doing other documents, and in a control and sion. so I think the gentleman focused on command economy like China, they do What conclusion will they reach what this deal is really about. It is not not have to. when their trade grows, not to $100 bil- about us getting access to their mar- Mr. Speaker, here in the United lion or $120 billion? They will reach the kets, it is about them having perma- States, we publish laws, and businesses conclusion that American corporations nent access to our markets. are free to do what they want as long are even more dependent and more Corporate America does not see as they do not violate those published powerfully willing to defend access to China as a great place to sell things; laws; and if our published laws violate the American markets, and that that they see it as a great place to make the WTO agreements, we get taken to access will continue even if they in- things to sell here. The best example of WTO court. In China, a telephone call vade or blockade. If they reach that that is the fact that India is virtually in the middle of the night from a conclusion, it is not their fault for mis- as large as China, and I have gone the commissar is all that it takes to get a interpreting us. It is our fault for being last 3 months without a single business business to do something else, and you ambiguous, because this House this organization saying, ‘‘Oh, my God, cannot take a late-night phone call to week can stand up and say that no ac- there are a billion consumers in India,’’ WTO court. You cannot even prove it cess to American markets will be because China offers not a billion con- ever existed. All that happens is that available if Taiwan is invaded or block- sumers, but the largest pool of near that Chinese businessperson decides aded, or we can do the opposite by re- slave labor available to those who want not to buy American goods. maining silent. to manufacture there and exploit the So the first and major development So assuming this bill comes to this market here. of the day is that the official govern- floor under a rule that does not allow consideration of the Berman-Weldon b ment agency that our trade representa- 2230 tive, the chief architect of this deal, amendment, we should expect that They are not willing to make the asked to evaluate the deal says this China will interpret this as a green major corporate investments in fac- deal is bad for American working fami- light and blockading Taiwan, bringing tories unless they are sure that they lies. It is going to cost 872,000 jobs, and Taiwan to its knees is relatively, un- will have permanent access to the I believe far more. fortunately, easy. American market. Those factories The second major development was During World War II, Hitler sent a ought to be built here. We should not the submission to the Committee on fleet of submarines to try to strangle be facilitating the construction of Rules of this House of the Berman- another island nation, Great Britain. them in China. Weldon amendment. The Committee on He was almost successful. But what Mr. Speaker, this deal is good for Rules is meeting now. I have been told does China have to do to blockade Tai- profits; it is bad for working American to expect that they will not allow that wan? All it needs is a press release. families. It is good for the central com- amendment to come before this House. Imagine a press release from Beijing mittee of the Communist Party of Why is that amendment so impor- announcing that the next oil tanker ar- China, which runs that country and has tant? The amendment simply states riving in a Taiwanese port will be a monopoly of power and endorses that that if China, after this agreement in struck by a Chinese missile. One press agreement; it is good for the Central joining trade relations with the United release, one missile. They may even de- Committee of the Communist party; it States, easy access to our markets, stroy one ship. Would you want to be is bad for those who seek freedom in that if China invades or blockades Tai- the captain of the second freighter or

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.232 pfrm06 PsN: H23PT1 H3640 CONGRESSIONAL RECORD — HOUSE May 23, 2000 oil tanker on its way to Taiwan? The the Yankees scored 6 runs in a ball b 2245 blockade is so easy for China to do, the game, could we conclude that the Mr. SHERMAN. Absolutely. We do only reason they do not do it is fear of Yankees won? not know how much worse things could American reaction, and if they can be Mr. SHERMAN. Not with today’s get in China. Yes, they are pressing confident of access to the American juiced baseball, you could not. bishops and Catholic and Protestant market. Well, I think we could call this Mr. KUCINICH. Right. Everyone workers in China now, but they have bill the Taiwan blockade authorization knows we have to know how many runs not publicly executed any of them be- act, because that is how it will be in- the Yankees’ opponents scored to know cause they are subject to annual re- terpreted in Beijing. if the Yankees’ 6 runs were enough to view. Mr. Speaker, we cannot put this win. If one is a Cleveland Indians fan If they have permanent trade rela- genie back in the bottle. The issue has one would, for sure. tions with the United States, then 3 or come before this House, and if we delib- Mr. Speaker, whether it is baseball or 10 or 20 executions, whether it be of erately cover our eyes to the possi- trade flows, people need to see both those practicing Christianity or those bility that trade relations would con- sides of the ledger. So what is the eco- practicing Buddhism in Tibet, would tinue while Taiwan was blockaded, nomic score? The U.S. imports from subject China not to the possibility of that is the green light the hard-liners China, much more than the exports to losing its trade relationship but only are waiting for. China, according to data collected by to a harshly written letter from the Mr. Speaker, we should be explicit in the U.S. Department of Commerce, the United States, a report outlining just this bill. Confusion and mis-com- U.S. has a trade deficit of upwards of how terrible these violations were. munication has started wars in the $70 billion for 1999 alone. So while it is When we look at China today and see past, even among trading partners. true that U.S. exports to China have how bad it is, we should not just look Look at World War I, for example. So increased, it is also true that imports at how bad it is or how much better it there is nothing but danger for our na- from China have increased much more. might get but how much worse it tional security interests bypassing a Mr. SHERMAN. Mr. Speaker, if the might get. bill that implies without ever stating gentleman will yield, I will point out Mr. KUCINICH. Reclaiming my time, it that China will have access to our that we have given China most favored the gentleman is absolutely correct. markets even if it begins hostilities. nation status on an annual basis sev- Even with annual review, now think So this is an issue before this House; eral years in a row. Their 1999 imports about this because we have talked we cannot ignore it. from the United States are $1 billion about these things many times, even I see that the gentleman from Ohio less than 1998. So while their exports to with annual review, as our friend, the has a number of other points to make, the United States grows and grows and gentlewoman from Ohio (Ms. KAPTUR) and I yield back to him. grows exponentially every year, our ex- has pointed out, the right to freedom of Mr. KUCINICH. Mr. Speaker, I thank ports to them actually shrunk. belief is explicitly denied to 60 million the gentleman for his learned presen- Mr. KUCINICH. Mr. Speaker, re- members of the Communist party of tation. Certainly, the Berman amend- claiming my time, the gentleman has a China. The Falun Gong, thousands of ment would add a considerable element good point, and we know that there is their practitioners have been arrested. to this debate so as to indicate our in- more to the U.S.-China relationship I heard the gentleman from Virginia terest in seeing the aggressive nature than meets the eye. We have to look at (Mr. WOLF) on the floor today saying of Chinese military policy tamed. I the kind of goods the U.S. imports that eight Catholic bishops were ar- might add that our colleague, the gen- from China. rested. Now here we are on the very day we are talking about a medal for tleman from Virginia (Mr. WOLF), sent Now, contrary to the myth, the the Pope, who I greatly admire, cele- a communication today which shows United States does not just import brating his force for spiritual good in that China has recently received cruise shoes, but high-tech products from the this world, China is arresting Catholic missiles from Russia, a deployment of industries of tomorrow. In almost every major category of traded goods, bishops. 24 SSN 22 antiship cruise missiles on a Now, is it going to get better if we from agricultural commodities to ad- Chinese Sovremenny class destroyer as have no review, I would ask the gen- vanced technology products, the U.S. the most significant recent weapons tleman? What does the gentleman has a deficit with China. development by the People’s Libera- think? tion Army naval forces, according to We wonder, what does all of this Mr. SHERMAN. Well, right now the Navy officials, and this is in a mean? Well, China’s surpluses in every- China has been emboldened in a way Washington Times dispatch. These thing from corn to disk drives means that I did not think would occur this weapons, according to the headline, that there is not a market in China for particular month. Clamping down on give Beijing a boost in firepower. any American-made products. Lower the religious group that the gentleman I believe in what President Kennedy tariffs and nontariff trade barriers do pronounces so well, clamping down on said years ago when he said, ‘‘We not change the fact that China already both Catholics and Protestants, a thou- should not negotiate out of fear, but grows and manufactures more than sand nuns and monks expelled from let us never fear to negotiate.’’ So we their population consumes. So we can- their monasteries in Tibet, all in the need to negotiate with China. We need not expect current trends to reverse. weeks before we are supposed to vote. to engage with China, but perhaps Exports to China will increase; imports Imagine if this is the last vote. How what is in line here is a very long en- from China will increase much more. I many more Christian practitioners, gagement. think that when we consider why we how much more will they clamp down? Mr. SHERMAN. Mr. Speaker, perhaps have this big push here for permanent Keep in mind the proponents of this we should have a long engagement be- trade status, let us look at it. deal postulate the idea that with in- fore we have a permanent marriage. Mr. Speaker, the large U.S. corpora- creased trade there will be a challenge Mr. KUCINICH. Precisely the point, I tions are the ones behind the push. to the monopoly power of the Com- say to the gentleman. Proponents of They want it so that they can invest in munist party of China. Now I do not permanent MFN for China like to say new factories in China, use China as think that challenge will occur, but if that once the U.S. gives permanent their export platform, low wages, no it does they will clamp down and do MFN to China, exports are going to worker rights, no human rights, no re- whatever it takes to maintain that mo- continue to grow. Since industries ex- ligious freedoms, no freedom of speech, nopoly power, and no matter how many porting to China employ Americans, no labor voice. They want to sell their executions occur, the worst the Ameri- permanent MFN must be good for products back to the U.S. with con- cans can do to them is a really tough America, that is what we are told. But fidence that Congress will not levy tar- letter and a really long report, but I really wonder if it is that simple. iffs or erect trade barriers in the fu- they will not lose a single penny. That For example, if the gentleman were ture. I mean, let us face it. Our ability is not a situation that is conducive to told, or if we were told that the to influence labor rights and human human rights in China. Yankees, I will say Yankees because rights depends on having an annual re- Mr. KUCINICH. I agree with the gen- they are in our American League, if view, I say to the gentleman. tleman. At the same time, we have to

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.234 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3641 look at the Chinese to know that the in which they hold up a cellular tele- admitting to me openly that the price Chinese people are our brothers and phone and say that China has 1.2 bil- of entry into the market in China was sisters. They are not cut off from the lion people who might use cellular tele- for Boeing to give China its prototypes grace of God. They are our brothers phones, implying that American work- for the most advanced aircraft manu- and sisters. And because they are our ers from coast to coast will be making facturing. So much for the tens of brothers and sisters, because they are cellular telephones and shipping them thousands of American jobs on the line people in China who are suffering under to China. at Boeing and now McDonnell Douglas. inhumane working conditions, slave I think the gentleman would agree The gentleman made a comment labor conditions, working for 3 cents that it is more likely that what Motor- about cellular phones. In this report, an hour making handbags, or a little ola sees there is 1.2 billion potential which talks about advanced technology bit more than that making electronic slave workers. They do not need them trade losses, they mentioned cellular equipment, we have a responsibility to all. They do not need slave workers, phones. In 1999, America imported stand up for human rights to review but 1.2 billion people anxious to work $98,517,366 worth of cellular telephones the conduct of their government. Now for 10 or 15 cents an hour who can make from China. the development of a new economic the cellular phones and ship them here. The gentleman from California (Mr. model in any government has to be Which does the gentleman think is SHERMAN) is an astute gentleman. How challenging, we recognize that, but more likely, that Motorola plans to much does the gentleman think the U.S. corporations have great power. make something here, paying union United States exported to China? We What is happening when they go to wages or high American wages, $10, $15, bought close to $100 million in cell China, it is as if they are averting their $20 an hour, and then sell the product phones from China. How much did eyes. They do not want to see what is to people who make 15 cents an hour? China buy from the U.S. in cell phones, happening, and yet when we see Motor- Or does the gentleman think there I would ask the gentleman? ola, figures available from 1996, now it might be more profits in making some- Mr. SHERMAN. I do not think we ex- is billions more since then, Motorola thing for 15 cents an hour and selling it port cell phones to China. I think we investing $1.2 billion in China; Atlantic to those Americans who still have good only export jobs to China. Richfield, $625 million; Coca Cola, a jobs? Mr. KUCINICH. So the gentleman’s half a billion dollars; Amoco, $350 mil- Mr. KUCINICH. As usual, the gen- answer would be none? lion; Ford Motor, $250 million; United tleman is right on the mark. We know Mr. SHERMAN. Zero. Technologies, $250 million; Pepsi Cola, that these major corporations are look- Mr. KUCINICH. The gentleman is $200 million; Lucent Technologies, $150 ing at China as a labor pool of 1.3 bil- correct. Is that your final answer, million; General Electric, $165 million. lion. though? Now granted, make multiples of that Here are some quotes that we pulled Mr. SHERMAN. That is my final an- and we will know the investment out from some of our major corpora- swer. If I can make a comment or two today. tions. Coca Cola Systems in China here. My first question is what is wrong spends about $600 million each year in Mr. KUCINICH. Please do. with investing in America? My father sourcing all of its raw materials and Mr. SHERMAN. Up until recently it fought in World War II, had his leg shot packages within China. Delphi Auto- was low-tech factories going to China out at a place called Bougainville, motive Systems aims to eventually to make low-tech products, the hand- spent all of his life with a limp and a close the gap between the Chinese bags the gentleman talked about. That silver plate in his leg like so many peo- automotive component industry and was because one could not invest a lot ple in that generation who fought for the world. Dow Chemical seeks to cre- of money in China if they were not sure this country, who fought for that flag, ate in China the large scale production that the products could come back to they did not fight for it so their grand- required to be a major supplier to cus- the United States because that was children would not be able to get a de- tomers in China and beyond. In East- why they were building the factory. cent job. They did not fight for it so man Kodak’s view, in a market such as Mr. KUCINICH. Correct. American corporations would forget China with the value of businesses ex- Mr. SHERMAN. Now that we give the red, white and blue and begin to pected to grow rapidly, local manufac- guaranteed permanent entry to the worship the great green god of the dol- turing is simply a better business U.S. market, multibillion dollar fac- lar bill as if that is the only value we model. Eastman Kodak’s China manu- tories, the kind that make the high- need to be worried about. facturing operations reflect Beijing’s tech products that we are still as of People fought to defend this country determination to create professional today competitive in, those can go to because we believe in basic human dig- enterprises which could displace im- China as well and pay 15 and 20 cents nity, because we believe in human ports and boost tax revenues. an hour. So it used to be that I was rights, because we believe in basic free- GE Shanghai Silicone’s factory will only worried about the capital flight, dom, because we believe in human lib- replace imports from the United that a billion dollar low-tech factory erty. That is something that we have States, and on and on and on. would be built in China when that believed in through more than 200 Now in the 10 minutes which we have same money might be available here to years of our existence as a Nation. left, I would like to continue this col- build a different kind of factory that That is something that men and loquy and as the gentleman was talk- could employ American workers and women have died for, and we are going ing about the cellular telephones, I perhaps even making a different prod- to give it away just with the signature looked at the index to this report by uct. and the stroke of a pen. Charles McMillion. It is a report which Especially our Republican colleagues That cannot happen. We cannot talks about China’s rapid leap into ad- are always talking about how we need stand here and watch while China is vanced technologies. It is really the more capital, how we have to encour- being used with all of its anti-demo- rapid leap of U.S.-based multinational age savings. Well, we could pass the cratic tendencies as an export platform corporations into the advanced tech- biggest tax bill designed to increase back to the United States, wiping out nologies. They talk about in the ad- savings and if it leads to another $30 millions, eventually, of American jobs, vanced technology products, the U.S. billion in savings, all of which are cor- good-paying jobs. And then where do now imports 64 percent more than it porations borrowing and investing in American workers stand when they exports. China, then we are exporting capital fight for their rights? Now everyone knows about the dif- for the purpose of exporting jobs, and Mr. SHERMAN. If the gentleman will ficulties we have had in steel, auto- we can imagine what effect that has on yield, I think he makes an excellent motive and aerospace. As a matter of wages. We have enough jobs in Amer- point. fact, when I first came to Congress, ica, but we need a situation where Mr. KUCINICH. Certainly. representatives from Boeing were there is the labor shortage that causes Mr. SHERMAN. The gentleman men- among the first in my office already those jobs to be paying a living wage. tioned Motorola, which is bombarding laying the groundwork for permanent Mr. KUCINICH. The gentleman is the country now with an advertisement trade status for China; and they were right. When the gentleman considers

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.236 pfrm06 PsN: H23PT1 H3642 CONGRESSIONAL RECORD — HOUSE May 23, 2000 where we are going in the future with rizing why it is essential that this ica are powerful enough to give them this 64 percent difference in imports amendment be included in anything permanent most-favored-nation status, and exports with China, earlier I men- that passed this House; otherwise, we at least that status will disappear tioned the score, let us look at some would be giving the green light to should they begin military action scores here. Camcorder, $176 million China to blockade Taiwan. against Taiwan. from China; $58,000 to China. Laser A second dear colleague I would like f printers, $101 million from China; zero to mention, this was delivered, I be- IMPACT OF ILLEGAL NARCOTICS that we sent to China. lieve, to every Democrat in the House, Mr. SHERMAN. So it is not just toys it is a letter that arrived just hours The SPEAKER pro tempore (Mr. and tennis shoes. ago from the President of the United SWEENEY). Under the Speaker’s an- Mr. KUCINICH. Oh, no. States, and I want to, time permitting, nounced policy of January 6, 1999, the Mr. SHERMAN. This is the kind of respond to a few comments in it, re- gentleman from Florida (Mr. MICA) is stuff that Americans could make com- spectfully, because they are from the recognized for 55 minutes. petitively. I have laser printers made President. Mr. MICA. Mr. Speaker, I am pleased in the United States on my desk now. The one comment I would like to re- to come before the House again tonight This is not like little toys that sell for spond to is the argument that this is to apologize to the staff that is work- a buck or two. going to lead to higher wages in China. ing late into the evening, and appre- Mr. KUCINICH. Exactly. Here is an- The letter states, ‘‘More Chinese work- ciate the Speaker’s indulgence and other one. Laser printers with control ers will find jobs with foreign compa- other Members who are listening to- and printer mechanisms, $88 million nies where they will get better paying night. from China; zero from the United conditions, and Chinese companies will I always try to come before the States. More scores here. Radio be forced to compete. In China, you are House on Tuesday nights during these transceivers, $62 million from China; dealing with upwards of 700 million Special Orders to bring to the atten- zero from the United States. Going on, workers. How many more jobs would tion of the Members of the House of fax machines, $35 million from China; our investments in China have to cre- Representatives the Congress and also zero purchased in the United States. ate before we had an effect on the price the American people, the number one And it goes on and on and on in this re- of laborer the compensation of labor in social problem that we face, and that is port where all of these jobs where China?’’ the problem of drug abuse, illegal nar- China is being used as this export plat- My fear is that it is not when the cotics, and drug addiction in this coun- form for all of this high-tech but the President says that more Chinese try. real thing that will get, I think, every workers will find jobs in American- Over and over, I have repeated some American, listen to this. owned factories in China, that means of the statistics, and the statistics are fewer American workers will find jobs mind boggling. The National Office of b 2300 with American factories in the United Drug Control Policy and our Drug Czar Turbo jet aircraft engines, $3.7 mil- States. Barry McCaffrey have estimated that, lion from China, zero from the United Mr. KUCINICH. Mr. Speaker, here is each year, over 52,000 Americans die di- States. Turbo prop aircraft engines, the point that comes off of what the rectly and indirectly as a result of nar- $1.5 million from China in 1999, zero gentleman from California is making cotics abuse in this country; that in from the United States. Radar designed in this few minutes that we have re- the last recorded report to the Con- for boat or ship installation, $1.5 mil- maining. We are all for the people of gress in 1998, in fact, 15,973 Americans lion from China, $8,000 from the United China being able to have workers’ lost their lives as a direct result of nar- States. Reception apparatus for radio, rights and have a decent living. It is cotics abuse. I have not yet seen the $1.3 million from China, zero from the pretty hard, though, when we have 1999 figures, but I am sure they are United States. labor activists that, the minute that even worse. Then we get into the military. Listen they start to organize, they go to jail. The situation is basically out of con- to this. Parts of military airplanes and I have a list here, a pretty long list, trol with 70 percent of those behind helicopters, we are buying this from of individuals who, the minute they try bars in our prisons and jails, incarcer- China, almost a half a million dollars, to start speaking about trying to get ated across this land are there because zero sold from the United States. Parts better wages out of these U.S.- multi- of some drug related offense. of aircraft gas turbines, almost $1 mil- national corporations based in China, The cost to our economy is in the lion from China, zero from the United they end up in jail. quarter of a trillion dollars a year States. Binoculars, almost $1 million, So I think that, again, Mr. Speaker, range. The destruction of lives, not zero from the United States. Rifles I want to thank the gentleman from only lost, but those left behind in fami- that eject missiles by release of air and California (Mr. SHERMAN) for his par- lies torn apart in the agony of drug gas, over $1 million, zero from the ticipation in this last hour. I think abuse, an addiction that so many fami- United States. that what we have been able to estab- lies have experienced, is devastating. Concluding on this part, and some- lish is that this Congress tomorrow Almost every report that we have thing that would really frost most ought to be voting to defeat permanent that comes before us today in our Americans, we are buying from China trading status for China. We should media, the account of a 6 year old kill- bombs, grenades, torpedoes, and simi- have an annual review. Let us keep ing a 6 year old, drugs were at the lar munitions of war. China engaged, but let us not turn heart of the problem of that family, Where are we going with this China away the only real lever that we have, and that 6 year old coming from a trade? It is time for America to pull and that is our ability to set the rules crack house. A 12 year old taking a gun back here and to reassess where we are through annual review. to school and threatening his class- going, how our national security is at Mr. Speaker, I yield to the gentleman mates wanted to be with his mother risk, how our stand for human rights from California (Mr. SHERMAN) if he who was in jail on a prison charge. A 17 and workers’ rights is at risk, and how, would like a final word. year old who attacks at the National if we are to stand for anything as Mr. SHERMAN. Mr. Speaker, one Zoo during the recent holidays, crowds Americans, we ought to stand for the other thing our colleagues should do of people, innocent bystanders, he interest of the United States first and when they first wake up tomorrow comes from a family involved in drugs, foremost. morning is ask their staff, is the Ber- a father and gangs involved in illegal Mr. SHERMAN. Mr. Speaker, if I can man-Weldon amendment made in order narcotics. This story goes on and on. interject, I want to commend to our by the rule? If not, then if we go for- We can place the blame on a weapon colleagues, and I thank them for ward tomorrow, we are giving the or something else, but we do not pay watching us instead of those Friends green light for a blockade of Taiwan. attention, as I have stated before, to reruns on television, a dear colleague The least we could do to avoid the root problem in many, many of that I have addressed dealing with the miscommunication with China is to these instances, which is illegal nar- Berman-Weldon amendment, summa- tell them that, if their friends in Amer- cotics, drug abuse, and addiction.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.238 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3643 Tonight, I want to pick up from spread of heroin has also affected other and not too many people will publicize where I left off last week and talk a bit parts of our population that have real- this, particularly at a sensitive time, about some of the impact of illegal ly not seen the ill effects of heroin in with elections in Mexico and elections narcotics. Now, we know in our land the past. This headline is from May 9 in the United States, but from 1997 to that nearly half of Americans have in USA Today and it says Heroin’s Re- 1998, in the most recent statistics we tried some type of form of illegal nar- surgence Closing Gender Gap. This ar- have of heroin seized in the United cotic, and we know that, in fact, using ticle says that girls are now becoming States, Mexican black tar deadly her- some illegal drugs such as marijuana the victims. Again, previously, this oin has increased some 20 percent in does lead to use of other types of ille- was limited to inner city populations just a 1-year period, again a dramatic gal narcotics. We have seen the results and also a male drug of choice. increase in heroin coming from our which are devastating in our commu- Let me quote from that USA Today neighbor to the south. nities. article, if I may. ‘‘Heroin’s reemer- According to the Drug Abuse Warn- I come from Central Florida. I rep- gence comes at a time when girls, far ing Network, again the acronym resent the area between Orlando and less likely than boys to drink, smoke DAWN, heroin-morphine related emer- Daytona Beach, probably one of the marijuana, or use harder drugs, such as gency department mentions in the most economic prosperous growing heroin, now appear to be keeping pace southern United States increased 165 areas in our country and one of the with them, says Mark Webster, a percent between 1990 and 1997. Heroin- most beautiful areas across our land, spokesman for the Federal Substance related drug treatment admissions in and that area has also been ravaged by Abuse and Mental Health Administra- the southern United States increased illegal narcotics, particularly heroin tion. Webster’s agency, after finding 13 percent between 1992 and 1997, ac- abuse. Heroin in the 1950s, 1960s, 1970s that existing drug prevention programs cording to DAWN’s treatment episode was somewhat limited to the inner cit- helped reduce drugs only among boys, data report. ies, to lower socioeconomic and minor- recently helped create an advertising Heroin use in the north central ity population abuse. It was intra- campaign called Girl Power to deliver United States is also on the increase. venously abused by drug addicts. The antidrug messages to girls.’’ So this is not just a regional problem, availability of heroin was really not Fortunately, in the billion dollar a limited regional problem to Florida that extensive in Central Florida or in campaign that Congress has funded to and the southeast or the Southwest, most areas of our Nation, again mostly deal with the emerging narcotics prob- but this report also details what is an inner city problem. lem on a multifaceted basis, we are going on in the north central States. starting to address this. But, nonethe- b 2310 Heroin-morphine related emergency less, there is an incredible explosion of department mentions increased some Most people did not pay attention to use among the female population and 225 percent in the major cities in the it. also among the youth population. north central United States in the pe- But in 7 short years of this adminis- I also began a week or two ago citing riod between 1990 and 1997. Chicago her- tration, we have seen the tide of heroin part of a report, and I wanted to refer oin-morphine related incidents in- coming into our States from the for- to it tonight. It is an interagency do- creased 323 percent in that same pe- eign production, predominantly Colom- mestic heroin threat assessment that riod. bia, in unprecedented quantities. In just came out about a month or two b 2320 fact, in 1992–1993, the beginning of this ago from the National Drug Intel- administration, there was almost no ligence Center in Johnstown, Pennsyl- St. Louis morphine and heroin-re- production of heroin in the country of vania. That interagency domestic drug lated deaths increased some 350 percent Colombia, and today Colombia ac- assessment had some interesting new from 105 in 1990 to 472 in 1997. And then counts for 75 percent of the heroin. data that I would like to make part of this report also details the Northeast That heroin is finding its way into our the record tonight and also call to the United States statistics and what is streets and our neighborhoods, our attention of the American people and been happening with heroin in that schools, and now our young population. the Congress. area of the country. According to this I have a copy of a recent May 8 head- First of all, this report talked about report, heroin-related emergency de- line, and it says Suburban Teen Heroin heroin use in the United States of partment admissions increased 116 per- Use on the Rise. So what was confined America and particularly in the West. cent between 1990 and 1997 in the to our inner cities, what was confined According to the Drug Abuse Warning Northeast United States. to hard addicts is now really becoming Network, which is also known as Heroin-related drug treatment ad- a plague upon our teenagers and those DAWN, heroin-related emergency de- ministrations increased 50 percent be- in our suburban communities. partment mentions in the western tween 1992 and 1997 according to the In my area of Central Florida, we United States increased some 28 per- DAWN episode data report. The most have had headlines that have blurted cent in recent years; heroin-related significant increase according to this out that heroin overdose deaths and deaths between 1993 and 1996 rose in all report was in Buffalo, New York, where drug deaths now exceed homicides. And 12 States of the western region during heroin-related emergency department the same, unfortunately, is true in that time frame. In Oregon, the State mentions increased some 344 percent many other areas of our land. Medical Examiner’s office reports an from 106 in 1990 to 471 in 1997. Part of this article, which is just sev- average of five people a week died of I think a very interesting report that eral weeks old, says, and let me quote, heroin-related causes in the first 6 does show the dramatic increase of ‘‘Heroin is back. It’s cheaper, more po- months of 1999. drug use and abuse particularly heroin tent, and more deadly than ever, said To further look at some of the more across the United States and that dead- Bob Weiner, an aide to White House recent statistics and data in this re- ly substance and what its effect is hav- drug policy director Barry McCaffery.’’ port, and again focusing on the western ing in cities that my subcommittee has And what he is saying is, in fact, that part of the United States, the report examined is quite remarkable. I want the heroin on our streets today, as op- says that seizures at the southwest to use tonight the example again of posed to the heroin in the 1970s, even border increased from 52 events and Baltimore, Maryland. Our Sub- the 1980s, is of a much purer, much 103.8 kilograms seized in 1997 to 80 committee on Criminal Justice, Drug more deadly content, sometimes reach- events and 145.9 kilograms in 1998. Policy and Human Resources recently ing 70, 80 percent purity. What is interesting about the heroin conducted an oversight and investiga- In my area in particular they are get- that we see coming in from this area is tions hearing in Baltimore. ting very pure heroin, and that is dead- not only do we have the Colombian Baltimore is really one of the most ly heroin. That is why it is killing our heroin that almost did not exist at the historic and beautiful cities on our young people and others in such incred- beginning of this administration, we eastern coast, and Baltimore for nearly ible numbers. now have, in double digits, very strong, a decade had a mayor with a very lib- Unfortunately, this report talks very pure, very deadly black tar heroin eral attitude towards illegal narcotics, about teenagers, but, in fact, the coming from Mexico. Mexico, in fact, a liberal needle exchange program, a

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.240 pfrm06 PsN: H23PT1 H3644 CONGRESSIONAL RECORD — HOUSE May 23, 2000 lack of enforcement of narcotics laws tion, a Vice Presidential task force these lines on the chart in fact show that are on the books of not only Balti- lead by former Vice President Bush, in the trends here with illegal narcotics more but also this State of Maryland which they went after illegal narcotics use. This line, the top line, is lifetime and a lack of cooperation in going after as they were leaving the source coun- use. The red center line is annual use. drug users and abuser. That type of ac- tries in a tough interdiction policy, The third line is 30 day use. tion has related in an incredible record utilizing in fact in a war against drugs Again, if we take this back to the of drug addiction in Baltimore. all the resources of the United States, Reagan-Bush era, we are coming with a Baltimore is an example of a city and we see that in the Reagan adminis- reduction in 1992, with the election of whose population has gone down, down, tration. the President Clinton, with the just- and down from over 900,000 to some- And again this is untouched. I have say-maybe, with the appointment of a where in the 600,000 range, while the only added the names of the adminis- Surgeon General, the chief health offi- addiction population has gone from tration and put a little divider in here cer of the United States, saying just- somewhere about 39,000 in 1996 to some to show where they began and ended. say-maybe, with a White House which estimated 70,000 or 80,000. In fact, one But you see a successful multifaceted had so many people in its employ that of the city council members was re- war on narcotics. Again, the source had recent drug abuse histories and cently quoted saying that one in eight country, reduction, interdiction, use of problems that the Secret Service in- individuals, citizens of Baltimore are all of our resources in that effort, a sisted on a drug testing program. That now addicted and primarily to heroin. President that said, in fact, we will was one of the reasons that they in fact This is a city whose experiment is a have a full war on drugs, two Presi- wanted to do away with some of the failure. This is a mayor whose legacy is dents that said that, and we see the background checks for White House death and destruction and addiction. If success. employees, is because they were not this was replicated across the United Now, many will tell you that the war passing them, and only after the Secret States, we would have tens and tens of on drugs is a failure, but I submit that Service insisted on instituting a drug millions of our population addicted. the war on drugs began failing at the testing program for White House em- Again, a liberal policy possibly well in- beginning of the Clinton administra- ployees did we see any change there. tended, but the liberalization in fact tion, when we saw the dismantling of But in fact some of these people were did not work, and it has addicted an in- the source country programs, the gut- setting the policy. credible percentage of the population ting of the Andean strategy, the dis- You see again upward movement in of Baltimore. mantling of use of the military against all of these areas through the Clinton I am pleased that after the hearing illegal narcotics, the closedown of sur- Administration of 12th graders in drug that we conducted there and after the veillance operations that provided in- use. Here again you see the leveling off, testimony of the police chief, the po- formation to our allies in the war on the beginning of the period in which lice commissioner of the city of Balti- drugs. So we see the total failure and the Republicans took control of both more who really had a lackadaisical at- the very direct closedown of a war on the House and the Senate and some of titude towards enforcement and going drugs. the efforts that were put into place in after open air drug markets and after If you want to talk about a war on restarting some of those programs. So his testimony was heard by the mayor drugs that was a success, you need only you see a beginning of a leveling off in and others that he was, in fact, dis- look at the Reagan/Bush era. If you that period. missed. It is my hope that the new look at when you had a failure on the This again is a statistic that I cited mayor, Mayor O’Malley, and I am war of drugs, it is when you dismantle tonight in the news report about subur- pleased to see that he is considering a piece by piece directly the war on ille- ban teen heroin use, and gave the head- new policy, a cleanup campaign for gal narcotics. line from a few weeks ago. This shows Baltimore that I hope will be unprece- The only change we see here is with in 1996, again, when we took over the dented. the coming of the Republican-con- House of Representatives, the situation Baltimore has suffered this level of trolled, the new majority in Congress, that we inherited as far as suburban addiction, has also consistently experi- that we began putting some of these teen use. This is the situation we are enced a high level of deaths per popu- programs back together again. And we now faced with, a flood of heroin com- lation, over 300 deaths in each of the have only begun to see a leveling off ing in, predominantly from Colombia, last 3 years in Baltimore. And we com- with that effort. but also from Mexico, as I mentioned. pare that to New York City, some 650, But, in fact, one of our major prob- Colombia and Mexico are probably two 670 deaths, the last several years. New lems is that even authorizations by the of the crowning failures of this admin- York City with a zero tolerance policy Congress are ignored by this adminis- istration and resulting in the incred- has cut the murders by some 60 per- tration. Let me just put up a couple ible volume of heroin coming into the cent. They cut the overall top felony more charts, if I may. United States. record in that city by some 58 percent Tonight I was talking about update Time and time again, this adminis- with Mayor Rudy Giuliani’s zero-toler- on heroin, heroin use and its preva- tration has thwarted, as I said, both ance policy. lence. Again, you see a leveling and legislative directives and appropria- But, in fact, Baltimore is an example some decline during the Reagan admin- tions to stop heroin production in Co- of a city who attempted a severe legal- istration. During the Bush administra- lombia. The entire Colombia scenario ization and liberalization of drugs and tion, you see a concerted effort and a started in 1994 when this administra- experienced, in fact, an unmitigated reduction. And then you see a dramatic tion closed off information sharing disaster. increase practically off the chart in the with Colombia. That measure, which That is a little bit of where we are Clinton administration. When you do was opposed, I must say by even Demo- and an update of what is happening not have a multifaceted approach, crats and all of the people on my side with the heroin across our land. when you do not stop illegal drugs at of the aisle, but it outraged everyone, Again, I would like to point out to their source or before they come to our because it brought an end to informa- my colleagues and the American people borders, these statistics cite what hap- tion sharing with our allies, Colombia, that, in fact, we know what does work pens and very graphically show why we Peru and other countries, and was the in the area of drug abuse. I am sure the have an incredible amount of heroin on beginning of the end of a policy that liberal colleagues all choke when they our streets, why we have the reports had begun to make some dramatic see this chart come up, because the like I just read. changes in Colombia. chart is probably the most graphic evi- If you remember in Colombia, steps b dence of a policy of success in the 2330 had been taken to dismantle some of Reagan and Bush administration when The same thing happens with our the drug cartels, and we were on our there was a real multifaceted war on il- young people. This shows 12th grade way to bringing that Nation into some legal narcotics. When we had source drug use. The first chart we showed balance. All that fell apart with the be- country programs, an Andean strategy was lifetime prevalence of drug use. ginning of ending surveillance informa- devised under the Reagan administra- But each of these charts and each of tion sharing.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.242 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3645 The next mistake by this administra- the tremendous volume of heroin com- maritime actions and surveillance op- tion was in fact to decertify Colombia ing across our borders, I wanted to re- erations were cut by some 62 percent. without a national interest waiver, port some of the other statistics that So that is why we have a flood of her- which meant that even equipment and we found relating to this new phe- oin coming into this area. We do not resources which the Congress had ap- nomena. have these locations that are starred here and circled here, which we in- propriated would be denied to Colom- b 2340 bia. In fact, when you do not have any tended as substitutes for the Panama war in Colombia or effort by the United The number of heroin users in the operation in place or fully operational. States to stem the production of illegal United States has increased, again, ac- At this time we have in Manta, Ecua- narcotics, when you do not have equip- cording to the last chart I showed, dor an air strip. We have just signed a ment and resources going in to that re- from 500,000, half a million in 1996 to 10-year agreement after a year delay; gion to eliminate the production of the 980,000 in 1999; and we know exactly but unfortunately, there is somewhere crop, to eliminate the transshipment where that heroin is coming from. We in the neighborhood of $80 million to from the source zone, and you do not know why that heroin is coming into $100 million in work that has to be use the military and others to provide the United States. done, and an outdate of the year 2002 information and surveillance back to One of the interesting statistics in before this operation will become fully the source country to stop the illegal this report was that the rate of first capable of functioning. We have in Cu- narcotics and interdict them as they use by children age 12 to 17 increased racao and Aruba a limited amount of come out, this is the result that we see, from less than 1 in 1,000 in the 1980s to coverage from that location, and the is an incredible volume of heroin com- 2.7 in 1,000 in 1996. First-time heroin star here in El Salvador, we have no ing into the United States at lower users are getting younger, from an av- operations in that location. We are just cost, at higher and more deadly purity erage age of 26 years old in 1991 to an in the process of concluding an agree- levels, and we see now suburban teen average age in 1997 of only 17 years of ment which must be presented to their heroin use on a dramatic rise in the age. legislature. United States. Again, it can be traced Again, I have cited the failure of this When we get through with this, we to Colombia and also to Mexico. administration’s policy in curtailing are probably looking at $150 million. Another failure in this administra- some 60, 70 percent of the heroin com- Now, we lost $10 billion in assets to tion’s policy, which in fact certified ing in, which is produced in Colombia Panama, were kicked, basically, out of Mexico as cooperating when Mexico now and, again, almost none produced Howard Air Force base, so we have no has done everything to the contrary there in 1992, through 1993; 17 percent drug operations in that location. We but assist the United States, failing to of the heroin in the United States now only have a fraction of the former drug extradite even a single Mexican drug coming from Mexico. We know, looking surveillance flights, so there is a frac- dealer after dozens and dozens of extra- at this map, we have Colombia, which tion of the information getting to stop dition requests, failing to sign or nego- is the source of most of the heroin; we illegal narcotics. Of course, we know tiate a maritime agreement, which this know that it is leaving this area. the history of the administration Congress just several years ago insisted We also know that since we have in- blocking aid and equipment to Colom- that Mexico do as a part of its coopera- stituted very successful programs in bia. Repeated requests for 5 years to tive effort to eliminate narcotics traf- Peru and Bolivia where they have cut get Black Hawk helicopters to Colom- ficking, failing to allow our agents to coca production and cocaine produc- bia which can operate in high alti- adequately arm and protect them- tion by some 50 to 60 percent in this tudes, eradicate crops, go after drug selves, and also keeping a limit of just area through a successful program set traffickers, and we know that the a handful of DEA agents in that coun- up by the gentleman from Illinois (Mr. narco-traffickers who were involved in try. They do not want drug agents in HASTERT), the previous Chair of the drug production are also financing the that country, because the corruption Subcommittee on Drug Policy, those civil war in that country in which from the police level to the President’s successful programs, coupled with the some 35,000 people have been slaugh- office and throughout the states of failure of the administration’s program tered; 5,000 police, elected officials, su- Mexico has in fact run rampant, and in to institute the same type of actions in preme court members, members of fact Mexico has thwarted again all of Colombia, again, even though the Con- their congress have been slaughtered; our efforts at enforcement, going so far gress appropriated funds; even though and yet we have not been able to get as in the largest operation in the hemi- the Congress directed those programs even basic equipment in there in the sphere, probably the history of this to take place in Colombia, we now have form of helicopters that have been hemisphere, to go after corrupt money some 80 percent of the cocaine pro- promised for some number of years laundering in Mexico, operation Casa duced and coca produced in Colombia. now. Even when that equipment was Blanca, where Mexican officials threat- So we know we need Colombia covered delivered at the end of last year, after ened the arrest of United States cus- as far as surveillance information, as numerous delays, it was delivered there toms officials and others involved in far as knowing where drugs are coming without the proper armoring and with- bringing to justice Mexican and U.S. from, as far as going after drugs at out the proper ammunition. and other banking officials who were their source. Mr. Speaker, we found that some of involved in that huge money laun- Unfortunately, in May of last year, the ammunition that we had been re- dering scheme. the surveillance flights stopped from questing for years to get down to Co- So, another failure, a failure in Co- our major forward operating location lombia to go after the drug traffickers lombia, now a source of 70 to 80 percent in the Caribbean, that was in Panama, was, in fact, delivered to the loading of the heroin. Again, almost zero was and of course the United States, it is dock of the State Department during produced in 1992–1993. Further, Mexico, now history, was forced to remove all the Christmas holidays; and now we after giving Mexico incredible trade of its operations, turn over $10 billion find, even more disturbing, that some benefits, financial benefits, opening in assets to Panama, close down its of the bulk of the ammunition that has our borders to Mexico, in fact this ad- antinarcotics flights from that area. been supplied to Colombia is outdated, ministration had failed to gain their This chart that I have here shows the possibly dangerous, 1952 ammunition cooperation in the devastation that is patchwork that is being put together that was purchased by the State De- raining on our communities, and a 20 by the administration in trying to re- partment in a bungled procurement. percent increase in black tar Mexican place what we had in Panama. Panama This is a very sad picture, but it is a heroin on our streets in a 1 year period had a strategic location and could very true picture of what has taken of time. cover all of this region with flights out place. Again, this is not in place, this Mr. Speaker, as I continue talking of that area. Unfortunately, between is what is proposed, but this accounts about the drug narcotic problem and I 1992 and 1999, one of our more recent for the flood of heroin coming into the focus some on heroin tonight and also reports that we requested showed that United States out of that transit on teen use of heroin, which we have the administration had cut these through Mexico, through the Carib- seen a dramatic increase in, and also flights some 68 percent. Additionally, bean. Much of it, we found in recent

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.244 pfrm06 PsN: H23PT1 H3646 CONGRESSIONAL RECORD — HOUSE May 23, 2000 hearings, is transshipped through major failures of U.S. foreign policy, there have been some serious mistakes Haiti. Here is another incredible fail- some of it through Haiti, another fail- made by this administration, by the ure of this administration, spending ure of policy, we now have an incred- Congress when it was controlled by the some $3 billion, one of the most far- ible meth and crack epidemic in many other side from 1992 to 1994. cical foreign policy adventures in the parts of our country. The chemical It is a difficult task to pick up hump- history of the entire Western Hemi- that helps produce this, and meth ty-dumpty, so to speak, and put it back sphere. gangs in our hearings have produced together. It is a difficult task to con- Mr. Speaker, after repeated pleas some incredible results and docu- duct a war on drugs after a war, in fact, with President Clinton, I came to this mentation, the meth dealers and the has been dismantled. floor many times saying, we cannot meth product is coming out of Mexico I am pleased that the Republican- impose an economic embargo on a to communities like Iowa and we will controlled Congress has dramatically country where people are making less be going out there to do a hearing increased the funding of programs than a dollar a day, where the country shortly, our subcommittee. We held across the board in a very balanced is basically operating with 60,000 to hearings in Sacramento, in that area of fashion. The success that we knew in 80,000 manufacturing jobs by U.S. busi- the State, and San Diego. Meth the Reagan and Bush administration nesses who have invested in that coun- epidemics, incredible tales of how when drugs were going down, according try, imposing an embargo that closed methamphetamines destroys people’s to charts not produced by me but uni- down industry, manufacturing, private lives, causes them to abandon their versities and others, very competent sector activity through the entire pop- children. It is far worse than the crack sources, showed that that was a suc- ulation on to a Clinton-style welfare epidemic that we had in the 1980s, and cessful program. So this Republican- program which we are now supporting, meth does incredible damage to people, controlled Congress has increased and Haiti is a country in which tax- causes them to commit bizarre acts. source country programs back to the 1992 levels, the 1991 levels. payers of the United States not only What was interesting, again these Interdiction, we are trying to bring got into this subsidization and welfare two charts show the meth epidemic and crack epidemic across this country, is the military back in to this program. because the Clinton policy destroyed The military does not arrest anyone. It the economy, but we now see Haiti as that we have had in our Subcommittee on Drug Policy criminal justice drug merely provides surveillance informa- the major transshipment point through tion. And reinstitute forward operating policy scientists who show us what the Caribbean in a lawless society locations which have been dismantled which, just within the last number of meth does to the brain. Tonight, as we get towards the end, I under this administration and allowed hours, has conducted an election and that incredible volume of hard, deadly, we will see how that goes. In the mean- wanted to show a little bit to the Mem- bers of Congress and others who are more pure drugs come in to our border. time, the puppets that we have put in We have begun a billion dollar un- watching what takes place. This is a place have slaughtered people in un- precedented match by a billion dollars scientific brain scan presented again to precedented numbers; and chaos reigns in donated time; a national media cam- our subcommittee. It shows the normal on the island, which is now open to paign which is one year underway; and brain here, and we see a lot of the yel- drug traffickers. we are working to improve that. We low here. This would be the normal b 2350 are trying to fund treatment and pre- brain pattern. Then it shows a gradual vention programs at an unparalleled We had before our subcommittee reduction in dopamine, which is so im- level, in fact have dramatically in- some videotapes of drug traffickers portant to brain function, because of creased the Federal funding for treat- landing at will and transshipping her- meth use. This is additional meth- ment programs and again put in place oin and other illegal narcotics, co- amphetamine use. The only thing a ha- hopefully a balanced approach to the caine, through Haiti, again where we bitual methamphetamine user has dif- problem of illegal narcotics. spent hundreds of millions of dollars ferently from this last brain scan, if we It is my hope, Mr. Speaker, that we supposedly building judicial institu- look at that, is a tiny bit of brain capa- can work, as we conclude the 13 appro- tions, police forces and other expendi- bility left. The last scan is severe priation bills, in funding a real effort tures to so-called nation build that Parkinson’s’s disease. So meth de- against illegal narcotics, a real war have been a complete failure. stroys the brain and brain function. It against illegal drugs as a multifaceted So this is why we have unprecedented is not something that regenerates, ac- project in the Congress because we quantities of heroin coming into the cording to the scientists. have 13 appropriation bills and many of United States. It would be bad enough This is a very graphic illustration of them deal with pieces of this puzzle. if we just had heroin and cocaine, but the destruction of the human mind, the Putting it back together, in fact, is im- these charts which I showed last week, brain, and it accounts for the incred- portant. We have stalled in getting the I would like to bring up again tonight, ible acts of violence, the spouse abuse, money to Colombia and that is a hor- and again I did not produce them. The the child abuse, the abandonment of rible mistake and shame on both sides administration’s own Commission on family and life as we know it when peo- of the aisle. Shame on this administra- Sentencing brought these to our sub- ple become addicted and their brain is tion and this President for not getting committee and it shows crack in yel- destroyed by methamphetamine. that package here in a timely fashion low and the darker color here is meth- Unfortunately, as I said also, heroin, and acting on it. We know that heroin amphetamine and it shows 1992 almost which has such a glamorous connota- is coming from Colombia and Mexico not on the charts. The prevalence in tion today, is more deadly than it has and we must stop illegal narcotics at 1993 begins to increase with the advent ever been. In the 60, 70 percent purity their source. of this administration; 1994, it becomes levels, when mixed with other sub- f an even broader pattern across the stances, it is accounting for incredible United States; 1995, spreads even fur- record numbers of deaths across the REPORT ON RESOLUTION PRO- ther. One would think this was some- United States. When used sometimes VIDING FOR FURTHER CONSID- thing put out by the Republican Na- by first-time users it results in fatali- ERATION OF H.R. 4444, AUTHOR- tional Committee here as propaganda ties and drug-related deaths at record IZING EXTENSION OF NON- but, in fact, these are the charts that levels. The only thing that has kept DISCRIMINATORY TREATMENT were given to us by the administra- our level of heroin deaths at a gradual (NORMAL TRADE RELATIONS tion’s own Sentencing Commission. increase in deaths and not even higher TREATMENT) TO PEOPLE’S RE- Look at the prevalence of crack in records is the ability now to provide PUBLIC OF CHINA 1996 and methamphetamines, 1997; 1998 anecdote medical treatment, emer- Mr. SESSIONS, from the Committee reaching epidemic proportions. We not gency treatment. However, admissions on Rules, submitted a privileged report only have heroin epidemics in parts of for overdoses are, in fact, soaring, as I (Rept. No. 106–636) on the resolution (H. the country, an increase as a result cited, throughout every region of the Res. 510) providing for consideration of again of this huge influx coming from United States. Unfortunately, it is not the bill (H.R. 4444) to authorize exten- Colombia and also from Mexico, two a very pretty picture. Unfortunately sion of nondiscriminatory treatment

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.246 pfrm06 PsN: H23PT1 May 23, 2000 CONGRESSIONAL RECORD — HOUSE H3647 (normal trade relations treatment) to Mr. ROHRABACHER, for 5 minutes, ting Cumulative report on rescissions and the People’s Republic of China, which today. deferrals, pursuant to 2 U.S.C. 685(e); (H. Doc. No. 106—246); to the Committee on Appro- was referred to the House Calendar and f ordered to be printed. priations and ordered to be printed. ENROLLED BILLS SIGNED 7777. A letter from the Acting General f Counsel, Department of Defense, transmit- Mr. THOMAS, from the Committee ting proposed legislation, ‘‘to Reimburse REPORT ON RESOLUTION PRO- on House Administration, reported Military Recruiters, Senior ROTC Cadre, and VIDING FOR CONSIDERATION OF that that committee had examined and Military Entrance Processing Personnel For H.R. 3916, TELEPHONE EXCISE found truly enrolled bills of the House Certain Parking Expenses’’; to the Com- TAX REPEAL ACT of the following titles, which were mittee on Armed Services. 7778. A letter from the Secretary of De- Mr. SESSIONS, from the Committee thereupon signed by the Speaker: fense, transmitting the approved retirement on Rules, submitted a privileged report H.R. 154. An act to allow the Secretary of and advancement to the grade of general on (Rept. No. 106–637) on the resolution (H. the Interior and the Secretary of Agriculture the retired list of General Lloyd W. Newton, Res. 511) providing for consideration of to establish a fee system for commercial United States Air Force; to the Committee the bill (H.R. 3916) to amend the Inter- filming activities on Federal land, and for on Armed Services. other purposes. 7779. A letter from the Executive Director, nal Revenue Code of 1986 to repeal the H.R. 834. An act to extent the authoriza- Emergency Oil & Gas Guaranteed Loan excise tax on telephone and other tele- tion for the Historic Preservation Fund and Board, transmitting the Board’s final rule— communications services, which was the Advisory Council on Historic Preserva- Emergency Oil and Gas Guaranteed Loan referred to the House Calendar and or- tion, and for other purposes. Program; Conforming Changes (RIN: 3003– dered to be printed. H.R. 1832. An act to reform unfair and anti- ZA00) received April 25, 2000, pursuant to 5 competitive practices in the professional U.S.C. 801(a)(1)(A); to the Committee on f boxing industry. Banking and Financial Services. 7780. A letter from the Assistant Secretary, f LEAVE OF ABSENCE Occupational Safety and Health Administra- By unanimous consent, leave of ab- SENATE ENROLLED BILL AND tion, Department of Labor, transmitting the sence was granted to: JOINT RESOLUTION SIGNED Department’s final rule—Nevada State Plan; Mr. CAPUANO (at the request of Mr. Final Approval Determination [Docket No. The SPEAKER announced his signa- T–033] received April 18, 2000, pursuant to 5 GEPHARDT) for today on account of at- ture to enrolled bills of the Senate of U.S.C. 801(a)(1)(A); to the Committee on Edu- tending Congressman WEINER’s broth- the following titles. cation and the Workforce. er’s funeral. 7781. A letter from the Director, Regula- S. 1836. An act to extend the deadline for Mr. LARSON (at the request of Mr. tions Policy and Managment Staff, FDA, De- commencement of construction of a hydro- partment of Health and Human Services, GEPHARDT) for today on account of at- electric project in the State of Alabama. transmitting the Department’s final rule— tending Congressman WEINER’s broth- S.J. Res. 44. An act supporting the Day of Code of Federal Regulations; Technical er’s funeral. Honor 2000 to honor and recognize the serv- Amendments [Docket No. 00N–1217] received Mr. PEASE (at the request of Mr. ice of minority veterans in the United States April 13, 2000, pursuant to 5 U.S.C. ARMEY) for after 11:00 a.m. today until Forces during World War II. 801(a)(1)(A); to the Committee on Commerce. 4:00 p.m. May 24 on account of personal f 7782. A letter from the Director, Office of reasons. Congressional Affairs, Nuclear Regulatory BILLS PRESENTED TO THE Commission, transmitting the Commission’s f PRESIDENT final rule—Energy Compensation Sources for SPECIAL ORDERS GRANTED Mr. THOMAS, from the Committee Well Logging and Other Regulatory Clari- on House Administration, reported fications (RIN: 3150–AG14) received April 24, By unanimous consent, permission to 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the address the House, following the legis- that that committee did on the fol- Committee on Commerce. lative program and any special orders lowing date present to the President, 7783. A communication from the President heretofore entered, was granted to: for his approval, bills of the House of of the United States, transmitting Progress (The following Members (at the re- the following titles: toward a negotiated settlement of the Cy- prus question covering the period February quest of Mr. KLECZKA) to revise and ex- On May 22, 2000: H.R. 3707. To authorize funds for the con- 1–March 31, 2000, pursuant to 22 U.S.C. tend their remarks and include extra- 2373(c); (H. Doc. No. 106—247); to the Com- neous material:) struction of a facility in Taipei, Taiwan suit- ´ able for the mission of the American Insti- mittee on International Relations and or- Ms. VELAZQUEZ, for 5 minutes, today. tute of Taiwan. dered to be printed. 7784. A letter from the Assistant Secretary Mr. PALLONE, for 5 minutes, today. H.R. 3629. To amend the Higher Education for Legislative Affairs, Department of State, Mr. ETHERIDGE, for 5 minutes, today. Act of 1965 to improve the program for Amer- transmitting certification of a proposed li- ican Indian Tribal Colleges, and Universities Mr. BAIRD, for 5 minutes, today. cense for the export of defense articles or de- under Part A of title III. Ms. BROWN of Florida, for 5 minutes, fense services sold commercially under a today. f contract to Australia [Transmittal No. DTC Mrs. CLAYTON, for 5 minutes, today. ADJOURNMENT 010–00], pursuant to 22 U.S.C. 2776(c); to the Mr. BLUMENAUER, for 5 minutes, Committee on International Relations. today. Mr. MICA. Mr. Speaker, I move that 7785. A letter from the Assistant Secretary for Legislative Affairs, Department of State, Mrs. JONES of Ohio, for 5 minutes, the House do now adjourn. transmitting certification of a proposed li- today. The motion was agreed to; accord- ingly (at 12 o’clock a.m.), the House ad- cense for the export of defense articles or de- Mr. SHERMAN, for 5 minutes, today. fense services sold commercially under a Mr. OBEY, for 5 minutes, today. journed until tomorrow, Wednesday, contract to Japan [Transmittal No. DTC 011– Mr. HOLT, for 5 minutes, today. May 24, 2000, at 10 a.m. 00], pursuant to 22 U.S.C. 2776(c); to the Com- (The following Members (at the re- f mittee on International Relations. quest of Mr. GREENWOOD) to revise and 7786. A letter from the Assistant Secretary EXECUTIVE COMMUNICATIONS, for Legislative Affairs, Department of State, extend their remarks and include ex- ETC. traneous material:) transmitting certification of a proposed li- cense for the export of defense articles or de- Mr. NETHERCUTT, for 5 minutes, Under clause 8 of rule XII, executive communications were taken from the fense services sold commercially under a today. contract to Saudi Arabia [Transmittal No. Mr. DAVIS of Virginia, for 5 minutes, Speaker’s table and referred as follows: DTC 002–00], pursuant to 22 U.S.C. 2776(c); to today. 7775. A letter from the Chairman and Chief the Committee on International Relations. Mr. HULSHOF, for 5 minutes, today. Executive Officer, Farm Credit Administra- 7787. A letter from the Assistant Secretary Mrs. ROUKEMA, for 5 minutes, today. tion, transmitting the Administration’s final for Legislative Affairs, Department of State, rule—Loan Policies and Operations; Partici- transmitting certification of a proposed li- Mr. METCALF, for 5 minutes, today. pations (RIN: 3052–AB87) received April 24, cense for the export of defense articles or de- Mr. GUTKNECHT, for 5 minutes, today. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the fense services sold commercially under a Mr. BUYER, for 5 minutes, May 24. Committee on Agriculture. contract to Germany [Transmittal No. DTC Mr. LAZIO, for 5 minutes, May 24. 7776. A letter from the the Director, the Of- 009–00], pursuant to 22 U.S.C. 2776(c); to the Mr. REGULA, for 5 minutes, May 24. fice of Management and Budget, transmit- Committee on International Relations.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K23MY7.249 pfrm06 PsN: H23PT1 H3648 CONGRESSIONAL RECORD — HOUSE May 23, 2000 7788. A letter from the Assistant Secretary mitting the Department’s final rule—Air- system, and for other purposes; with amend- for Legislative Affairs, Department of State, worthiness Directives; Various Transport ments (Rept. 106–633). Referred to the Com- transmitting certification of a proposed li- Category Airplanes Equipped With Certain mittee of the Whole House on the State of cense for the export of defense articles or de- Honeywell Air Data Inertial Reference Units the Union. fense services sold commercially under a [Docket No. 2000–NM–83–AD; Amendment 39– Mr. BLILEY: Committee on Commerce. contract to French Guiana or Sea Launch 11683; AD 2000–07–27] (RIN: 2120–AA64) re- H.R. 2498. A bill to amend the Public Health [Transmittal No. DTC 025–00], pursuant to 22 ceived April 28, 2000, pursuant to 5 U.S.C. Service Act to provide for recommendations U.S.C. 2776(c); to the Committee on Inter- 801(a)(1)(A); to the Committee on Transpor- of the Secretary of Health and Human Serv- national Relations. tation and Infrastructure. ices regarding the placement of automatic 7789. A letter from the Assistant Secretary 7800. A letter from the Program Analyst, external defibrillators and Federal buildings for Legislative Affairs, Department of State, FAA, Department of Transportation, trans- in order to improve survival rates of individ- transmitting certification of a proposed li- mitting the Department’s final rule—Stand- uals who experience cardiac arrest in such cense for the export of defense articles or de- ard Instrument Approach Procedures; Mis- buildings, and to establish protections from fense services sold commercially under a cellaneous Amendments [Docket No. 29997; civil liability arising from the emergency contract to Japan [Transmittal No. DTC 005– Amdt. No. 1988] received April 28, 2000, pursu- use of the devices; with an amendment (Rept. 106–634). Referred to the Committee of 00], pursuant to 22 U.S.C. 2776(c); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Whole House on the State of the Union. mittee on International Relations. on Transportation and Infrastructure. 7790. A letter from the Assistant Secretary Mr. TAYLOR of North Carolina: Com- 7801. A letter from the Program Analyst, mittee on Appropriations. H.R. 4516. A bill for Legislative Affairs, Department of State, FAA, Department of Transportation, trans- making appropriations for the Legislative transmitting certification of a proposed li- mitting the Department’s final rule—Stand- Branch for the fiscal year ending September cense for the export of defense articles or de- ard Instrument Approach Procedures; Mis- 30, 2001, and for other purposes (Rept. 106– fense services sold commercially under a cellaneous Amendments [Docket No. 29996; 635). Referred to the Committee of the Whole contract to Egypt [Transmittal No. DTC 004– Amdt. No. 1987] received April 28, 2000, pursu- House on the State of the Union. 00], pursuant to 22 U.S.C. 2776(c); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. DREIER: Committee on Rules. House mittee on International Relations. on Transportation and Infrastructure. Resolution 510. Resolution providing for fur- 7791. A letter from the Assistant Secretary 7802. A letter from the Program Analyst, ther consideration of the bill (H.R. 4444) to for Legislative Affairs, Department of State, FAA, Department of Transportation, trans- authorize extension of nondiscriminatory transmitting certification of a proposed mitting the Department’s final rule—Stand- treatment (normal trade relations treat- Manufacturing License Agreement with ard Instrument Approach Procedures; Mis- ment) to the People’s Republic of China Japan [Transmittal No. DTC 006–00], pursu- cellaneous Amendments [Docket No. 29995; (Rept. 106–636). Referred to the House Cal- ant to 22 U.S.C. 2776(c); to the Committee on Amdt. No. 1986] received April 28, 2000, pursu- endar. International Relations. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. LINDER: Committee on Rules. House 7792. A letter from the Assistant Secretary on Transportation and Infrastructure. Resolution 511. Resolution providing for con- for Legislative Affairs, Department of State, 7803. A letter from the the Legislative Spe- sideration of the bill (H.R. 3916) to amend the transmitting certification of a proposed cial Assistant, the Veterans of Foreign Wars Internal Revenue Code of 1986 to repeal the Manufacturing License Agreement with of the U.S., transmitting proceedings of the excise tax on telephone and other commu- Japan [Transmittal No. DTC 007–00], pursu- 99th National Convention of the Veterans of nication services (Rept. 106–637). Referred to ant to 22 U.S.C. 2776(c); to the Committee on Foreign Wars of the United States, held in the House Calendar. International Relations. San Antonio, Texas, August 29–September 4, Mr. LEACH: Committee on Banking and 7793. A letter from the Comptroller of the 1998, pursuant to 36 U.S.C. 118 and 44 U.S.C. Financial Services. H.R. 2764. A bill to li- Currency, transmitting the 1999 Performance 1332; (H. Doc. No. 106—245); to the Committee cense America’s Private Investment Compa- Report; to the Committee on Government on Veterans’ Affairs and ordered to be print- nies and provide enhanced credit to stimu- late private investment in low-income com- Reform. ed. 7794. A letter from the Managing Director, munities, and for other purposes; with an 7804. A letter from the Deputy Executive Federal Housing Finance Board, transmit- amendment (Rept. 106–638). Referred to the Secretary, Health Care Financing Adminis- ting the Board’s final rule—Amendments to Committee of the Whole House on the State tration, Department of Health and Human the Freedom of Information Act Regulation of the Union. Services, transmitting the Department’s [No. 2000–19] (RIN: 3069–AB02) received April final rule—Medicare Program; Suggestion f 24, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Program on Methods to Improve Medicare the Committee on Government Reform. PUBLIC BILLS AND RESOLUTIONS Efficiency [HCFA–4000–FC] (RIN: 0938–AJ30) 7795. A letter from the Director, Office of received April 18, 2000, pursuant to 5 U.S.C. Under clause 2 of rule XII, public Government Ethics, transmitting the An- 801(a)(1)(A); jointly to the Committees on bills and resolutions of the following nual Program Performance Report for FY Ways and Means and Commerce. titles were introduced and severally re- 1999; to the Committee on Government Re- 7805. A letter from the Deputy Executive ferred, as follows: form. 7796. A letter from the Secretary, Secretary, Office of the Inspector General, By Mr. GONZALEZ (for himself, Ms. Premerger Notification Office, Bureau of Department of Health and Human Services, VELAZQUEZ, Mr. RODRIGUEZ, and Mr. Competition, Federal Trade Commission, transmitting the Department’s final rule— HINOJOSA): transmitting the Commission’s final rule— Health Care Fraud and Abuse Data Collec- H.R. 4515. A bill to amend the Internal Rev- Premerger Notification: Reporting and Wait- tion Program: Reporting of Final Adverse enue Code of 1986 to reduce the interest rate ing Period Requirements [Billing Code: 6750– Actions—received April 18, 2000, pursuant to on installment payments of the estate tax on 01P] received April 5, 2000, pursuant to 5 5 U.S.C. 801(a)(1)(A); jointly to the Commit- closely held business interests; to the Com- U.S.C. 801(a)(1)(A); to the Committee on the tees on Ways and Means and Commerce. mittee on Ways and Means. Judiciary. 7806. A letter from the Secretary and Exec- By Mr. TAYLOR of North Carolina: 7797. A letter from the Program Analyst, utive Director, Pension Benefit Guaranty H.R. 4516. A bill making appropriations for the Legislative Branch for the fiscal year FAA, Department of Transportation, trans- Corporation, transmitting the 25th Annual ending September 30, 2001, and for other pur- mitting the Department’s final rule—Air- Report of the Corporation, which includes poses; House Calendar No. 350. House Report worthiness Directives; Eurocopter France the Corporation’s financial statements as of No. 106–635. Model AS–350B, BA, B1, B2, C, D, and D1, and September 30, 1999, pursuant to 29 U.S.C. By Mr. SUNUNU (for himself and Mr. AS–355E, F, F1, F2 and N Helicopters [Docket 1308; jointly to the Committees on Education BASS): No. 98–SW–82–AD; Amendment 39–11681; AD and the Workforce, Ways and Means, and Government Reform. H.R. 4517. A bill to designate the facility of 86–15–10 R2] (RIN: 2120–AA64) received April the United States Postal Service located at f 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 24 Tsienneto Road in Derry, New Hampshire, the Committee on Transportation and Infra- as the ‘‘Alan B. Shepard, Jr. Post Office structure. REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS Building’’; to the Committee on Government 7798. A letter from the Program Analyst, Reform. FAA, Department of Transportation, trans- Under clause 2 of rule XIII, reports of By Mr. DOOLEY of California (for him- mitting the Department’s final rule—Air- committees were delivered to the Clerk self and Mr. SMITH of Washington): worthiness Directives; Fokker Model F27 Se- H.R. 4518. A bill to amend the Elementary ries Airplanes Equipped With Rolls-Royce for printing and reference to the proper calendar, as follows: and Secondary Education Act of 1965, to re- 532–7 ‘‘Dart 7’’ (RDa-7) Series Engines [Dock- authorize and make improvements to that et No. 2000–NM–95–AD; Amendment 39–11684; Mr. YOUNG of Alaska: Committee on Re- Act, and for other purposes; to the Com- AD 2000–07–28] (RIN: 2120–AA64) received sources. H.R. 297. A bill to authorize the con- mittee on Education and the Workforce. April 28, 2000, pursuant to 5 U.S.C. struction of the Lewis and Clark Rural By Mr. FRANKS of New Jersey: 801(a)(1)(A); to the Committee on Transpor- Water System and to authorize assistance to H.R. 4519. A bill to amend the Public Build- tation and Infrastructure. the Lewis and Clark Rural Water System, ings Act of 1959 concerning the safety and se- 7799. A letter from the Program Analyst, Inc., a nonprofit corporation, for the plan- curity of children enrolled in childcare fa- FAA, Department of Transportation, trans- ning and construction of the water supply cilities located in public buildings under the

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control of the General Services Administra- By Mr. FATTAH: MCDERMOTT, Mr. LANTOS, Mr. ROTHMAN, and tion; to the Committee on Transportation H. Res. 509. A resolution recognizing the Mr. TIERNEY. and Infrastructure, and in addition to the importance of African-American music to H.R. 3710: Ms. DANNER, Mr. CRAMER, Mr. Committee on Government Reform, for a pe- global culture and calling on the people of DICKS, Mr. FORD, Mr. ENGEL, and Mr. BAIRD. riod to be subsequently determined by the the United States to study, reflect on, and H.R. 3915: Mr. CAMPBELL and Mr. Speaker, in each case for consideration of celebrate African-American music; to the GILCHREST. such provisions as fall within the jurisdic- Committee on Education and the Workforce. H.R. 3981: Mr. LANTOS. tion of the committee concerned. H.R. 4013: Mr. GANSKE. f By Mr. GOODLING (for himself, Mr. H.R. 4034: Mr. NORWOOD. KILDEE, and Ms. WOOLSEY): ADDITIONAL SPONSORS H.R. 4041: Mr. BALDACCI, Mr. BONIOR, Mr. H.R. 4520. A bill to amend the Richard B. LIPINSKI, Mr. OLVER, Mr. RANGEL, Ms. Russell National School Lunch Act to im- Under clause 7 of rule XII, sponsors SCHAKOWSKY, Mrs. TAUSCHER, and Mr. EVANS. prove program integrity of the child and were added to public bills and resolu- H.R. 4042: Mr. BONIOR, Mr. LIPINSKI, Mr. adult care food program; to the Committee tions as follows: OLVER, Mr. RANGEL, Ms. SCHAKOWSKY, Mrs. on Education and the Workforce. TAUSCHER, Ms. HOOLEY of Oregon, Mr. SHER- H.R. 8: Mrs. TAUSCHER. By Mr. HILL of Montana (for himself, MAN, and Ms. PELOSI. H.R. 347: Mrs. CHENOWETH-HAGE. Mr. KASICH, Mr. YOUNG of Alaska, H.R. 4132: Mr. PALLONE, Mr. ABERCROMBIE, H.R. 363: Mr. PAUL. Mr. HANSEN, Mr. SOUDER, Mr. CAN- and Mr. WICKER. H.R. 460: Mr. SANDLIN, Mr. BLAGOJEVICH, NON, Mrs. CUBIN, Mr. TAUZIN, Mr. H.R. 4168: Mr. BARCIA, Mr. SISISKY, and Mr. and Mr. PACKARD. GILCHREST, Mr. COOKSEY, Ms. DUNN, LUCAS of Kentucky. H.R. 827: Mr. ALLEN. Mr. PITTS, Mr. THUNE, Mr. WATKINS, H.R. 4204: Mr. GARY MILLER of California. H.R. 828: Mr. GILCHREST. Mr. COOK, Mr. JONES of North Caro- H.R. 4206: Ms. LEE, Mr. ROMERO-BARCELO, H.R. 860: Mr. VISCLOSKY. lina, Mr. MANZULLO, Mr. DOOLITTLE, and Mrs. JONES of Ohio. H.R. 904: Mr. KENNEDY of Rhode Island. Mr. NETHERCUTT, Mr. RILEY, Mr. H.R. 4214: Mr. SHIMKUS and Mr. GILCHREST. H.R. 920: Mr. STARK, Mr. EVANS, and Ms. PORTMAN, Mr. POMEROY, Mr. HUTCH- H.R. 4219: Mr. ADERHOLT, Mr. MANZULLO, WOOLSEY. INSON, Mr. LUCAS of Kentucky, Mr. Mr. LARSON, Mr. FOLEY, Mr. TIERNEY, Mr. H.R. 1020: Mr. EHRLICK, Mrs. MEEK of Flor- BLUNT, Mr. GIBBONS, Ms. GRANGER, NETHERCUTT, Mr. HASTINGS of Florida, Mr. ida, Mr. KENNEDY of Rhode Island, and Mr. Mr. SESSIONS, Mr. ABERCROMBIE, Mr. BLUMENAUER, Mr. BORSKI, Mrs. KELLY, Mrs. BRADY of Pennsylvania. POMBO, Mr. SUNUNU, Mr. HASTINGS of THURMAN, and Mr. MALONEY of Connecticut. H.R. 1046: Mr. HINCHEY, Mr. BALDACCI, Mr. Washington, Mr. SHIMKUS, and Mr. H.R. 4245: Mr. SHIMKUS. LEWIS of Kentucky, and Mr. MORAN of Kan- SIMPSON): H.R. 4257: Mr. NORWOOD, Mr. DICKEY, Mr. sas. H.R. 4521. A bill to direct the Secretary of SOUDER, Mr. GREEN of Texas, and Mr. SCHAF- H.R. 1057: Mr. EVANS. the Interior to authorize and provide funding FER. for rehabilitation of the Going-to-the-Sun H.R. 1063: Mr. DELAHUNT. H.R. 4259: Mr. TERRY, Mr. LARSON, Mr. Road in Glacier National Park, to authorize H.R. 1102: Mrs. MCCARTHY of New York. CONDIT, Mr. OBERSTAR, Mr. TOWNS, Mr. funds for maintenance of utilities related to H.R. 1179: Mrs. CHENOWETH-HAGE. ABERCROMBIE, Mr. GEORGE MILLER of Cali- the Park, and for other purposes; to the H.R. 1228: Mr. CLAY. fornia, and Mr. MORAN of Kansas. Committee on Resources. H.R. 1247: Mr. WATTS of Oklahoma. H.R. 4274; Mr. BONILLA, MR. GREENWOOD, By Mr. PETERSON of Minnesota: H.R. 1322: Ms. JACKSON-LEE of Texas, Mr. Mr. KUYKENDALL, Mr. GILCHREST, Mr. GOODE, H.R. 4522. A bill to amend title 38, United BRADY of Texas, Mrs. CHENOWETH-HAGE, Mr. Mr. BURTON of Indiana, Mrs. FOWLER, Mr. States Code, to provide a presumption of HANSEN, Mr. MORAN of Kansas, Mr. WATKINS, QUINN, and Mr. SALMON. service connection for certain specified dis- Mr. REYNOLDS, Mr. DIAZ-BALART, Mrs. H.R. 4303: Mr. SOUDER. eases and disabilities in the case of veterans BIGGERT, Mr. EWING, Mr. ETHERIDGE, Mr. H.R. 4320: Mr. EVANS. who were exposed during military service to BARRETT of Wisconsin, Mr. ANDREWS, Mr. H.R. 4329: Mr. SMITH of Washington. carbon tetrachloride; to the Committee on RADANOVICH, and Mr. DOOLITTLE. H.R. 4357: Mrs. THURMAN and Ms. Veterans’ Affairs. H.R. 1505: Mr. BISHOP. MILLENDER-MCDONALD. By Mr. SMITH of Michigan: H.R. 1560: Mr. MCINNIS and Mr. EHLERS. H.R. 4453: Mr. TIERNEY and Mr. LANTOS. H.R. 4523. A bill to amend the Agricultural H.R. 1592: Mr. LARGENT. H.R. 4479:´ Mr. DEUTSCH and Mr. ROMERO- Market Transition Act to permit a producer H.R. 1621: Ms. EDDIE BERNICE JOHNSON of BARCELO. to lock in a loan deficiency payment rate for Texas, Mr. BISHOP, and Mr. RODRIGUEZ. H.R. 4489: Mr. RODRIGUEZ, Mr. KNOLLEN- a portion of a crop; to the Committee on Ag- H.R. 2613: Mr. GREEN of Wisconsin, Mr. BERG, and Mr. PETERSON of Minnesota. riculture. GONZALEZ, Mr. HUTCHINSON, and Mr. BAIRD. H.J. Res. 98: Mr. BECERRA. By Mr. SMITH of Michigan: H.R. 2660: Ms. BERKLEY. H. Con. Res. 133: Mr. HOLT. H.R. 4524. A bill to amend the Agricultural H.R. 2720: Ms. PRYCE of Ohio, Mr. MAN- H. Con. Res. 275: Mr. SPRATT. Market Transition Act to increase the num- ZULLO, and Ms. MCKINNEY. H. Con. Res. 285: Mr. BALDACCI, Mr. WOLF, ber of farmers eligible for nonrecourse mar- H.R. 2774: Mr. OLVER and Mrs. MINK of Ha- and Mr. ETHERIDGE. keting assistance loans or loan deficiency waii. H. Con. Res. 305: Mr. PETERSON of Pennsyl- payments and the amount of production for H.R. 2814: Mr. LIPINSKI. vania, Mrs. TAUSCHER, Mr. BOEHNER, Mr. which such loans and payments are avail- H.R. 2892: Mr. EHRLICH. SKEEN, Mr. YOUNG of Alaska, Mr. LAHOOD, able; to the Committee on Agriculture. H.R. 2953: Mr. WATKINS and Mr. CLEMENT. Mr. RYUN of Kansas, Mr. CANADY of Florida, By Mr. STARK: H.R. 3006: Mr. EVANS. Mr. BILIRAKIS, Mr. DEAL of Georgia, Mr. H.R. 4525. A bill to amend the Public H.R. 3055: Mr. BALDACCI. CUNNINGHAM, Mr. EHLERS, Mr. PACKARD, Mr. Health Service Act to establish a program H.R. 3083: Mr. FORBES. NUSSLE, Mr. WICKER, Mr. CALLAHAN, Mr. under which the Secretary of Health and H.R. 3132: Mr. WEYGAND. CALVERT, Mr. EVERETT, Mr. ROHRABACHER, Human Services makes cash awards to pri- H.R. 3144: Mr. LIPINSKI. Mr. WATTS of Oklahoma, Mr. SPENCE, Mr. vate entities that discover drugs that cure or H.R. 3192: Mr. KUCINICH, Mr. JEFFERSON, HULSHOF, Mr. RILEY, Mr. STUMP, Mr. prevent diseases whose cure or prevention is Mr. SAWYER, Mr. ANDREWS, Mr. SABO, Mr. METCALF, Mr. CRANE, and Mr. BURR of North designated by the Secretary as a national DIXON, Ms. DELAURO, Mr. GEORGE MILLER of Carolina. priority; to the Committee on Commerce. California, and Mr. WEYGAND. H. Con. Res. 306: Mr. PALLONE, Mr. HOLT, By Mr. TRAFICANT: H.R. 4526. A bill to provide for the issuance H.R. 3198: Mr. BISHOP and Mr. COLLINS. Mr. MENENDEZ, Mr. HINOJOSA, Ms. BERKLEY, of a semipostal for the American Battle H.R. 3256: Mr. UPTON. Mr. NEAL of Massachusetts, Mr. SHOWS, Mr. Monuments Commission; to the Committee H.R. 3315: Mr. LANTOS. BROWN of Ohio, Mr. BACHUS, Mr. GREEN of on Government Reform. H.R. 3463: Mr. MENENDEZ. Texas, Mr. INSLEE, Mr. KUCINICH, Mr. By Mr. UDALL of New Mexico (for H.R. 3518: Mr. KOLBE. CAPUANO, Mr. CUMMINGS, Ms. BROWN of Flor- himself and Mr. UDALL of Colorado): H.R. 3544: Mrs. ROUKEMA, Mr. COOKSEY, Ms. ida, Mr. TIERNEY, Mr. DEFAZIO, Mrs. H.R. 4527. A bill to authorize the President MCCARTHY of Missouri, and Ms. GRANGER. CHRISTENSEN, Mr. STARK, Mr. SHAYS, Mr. to present a gold medal on behalf of the Con- H.R. 3569: Ms. DEGETTE. EVANS, Mr. CLAY, Mr. LIPINSKI, Mr. HASTINGS gress to the Navajo Code Talkers in recogni- H.R. 3575: Mr. STENHOLM. of Florida, Mr. OLVER, Mr. EHRLICH, Mrs. tion of their contributions to the Nation; to H.R. 3578: Mr. ROGAN. TAUSCHER, Mrs. BIGGERT, Mr. RODRIGUEZ, Mr. the Committee on Banking and Financial H.R. 3593: Mr. HOUGHTON. NETHERCUTT, Ms. JACKSON-LEE of Texas, Mr. Services. H.R. 3625: Mr. JEFFERSON, Mrs. MYRICK, COSTELLO, Mr. DIXON, Mr. LAFALCE, Mr. By Mrs. CUBIN: and Mr. KOLBE. MANZULLO, Mr. FRANK of Massachusetts, Mr. H. Con. Res. 333. Concurrent resolution H.R. 3628: Ms. RIVERS and Mr. MCHUGH. SNYDER, Mr. DICKS, Mr. ANDREWS, Mr. FIL- providing for the acceptance of a statue of H.R. 3634: Mr. BAIRD. NER, Mrs. MINK of Hawaii, Mr. KIND, MR. Chief Washakie, presented by the people of H.R. 3677: Mr. HYDE. PORTER, Mr. UDALL of Colorado, Mr. DIAZ- Wyoming, for placement in National Stat- H.R. 3688: Ms. SLAUGHTER, Mr. DAVIS of BALART, Mr. PAYNE, Ms. EDDIE BERNICE uary Hall, and for other purposes; to the Virginia, Mr. KENNEDY of Rhode Island, Ms. JOHNSON of Texas, Mr. DELAHUNT, and Mrs. Committee on House Administration. VELAZQUEZ, Mr. ABERCROMBIE, Mr. MCCARTHY of New York.

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H. Con. Res. 307: Ms. STABENOW, Mr. FROST, which shall be owned by the borrower and until expended: Provided, That the entire Mrs. MORELLA, Mr. PASCRELL, Mr. FRANKS of occupied by the borrower as the principal amount under this paragraph shall be avail- New Jersey, Mr. STARK, Mr. ENGEL, Mr. residence of the borrower. able only to the extent that an official budg- MCGOVERN, Mr. TIAHRT, Mr. MCNULTY, Mr. ‘‘(C) AMOUNT.—The principal obligation et request for a specific dollar amount, that SHAW, and Mr. FILNER. under the refinancing loan shall not exceed includes designation of the entire amount of H. Con. Res. 311: Mrs. NORTHUP. an amount equal to the sum of the balance of the request as an emergency requirement as H. Con. Res. 321: Mr. REYES, Mr. CRAMER, the loan being refinanced and such closing defined in the Balanced Budget and Emer- Mr. BACHUS, Ms. EDDIE BERNICE JOHNSON of costs as may be authorized by the Secretary, gency Deficit Control Act of 1985, as amend- Texas, Mr. RUSH, Mr. ORTIZ, Mr. which shall include a discount not exceeding ed, is transmitted by the President to the BLUMENAUER, Mr. SANDLIN, Mr. KENNEDY of 2 basis points and an origination fee not ex- Congress: Provided further, That the entire Rhode Island, Mr. PRICE of North Carolina, ceeding such amount as the Secretary shall amount under this paragraph is designated and Mr. NETHERCUTT. prescribe. by the Congress as an emergency require- H. Con. Res. 322: Mr. COBLE and Mr. LAN- The provisions of the last sentence of para- ment pursuant to section 251(b)(2)(A) of the TOS. graph (1) and paragraphs (2), (5), (6)(A), (7), Balanced Budget and Emergency Deficit H. Con. Res. 323: Mr. KILDEE, Mrs. and (9) shall apply to loans guaranteed under Control Act of 1985, as amended. MORELLA, Mr. STARK, Mr. CUMMINGS, Mr. this subsection, and no other provisions of COOK, Mr. MCGOVERN, Mr. MCNULTY, and Mr. paragraphs (1) through (12) shall apply to H.R. 4461 LANTOS. such loans.’’. OFFERED BY: MS. KAPTUR H. Res. 187: Ms. WOOLSEY. H.R. 4461 H. Res. 347: Mr. BRADY of Pennsylvania. OFFERED BY: MR. CAPUANO AMENDMENT NO. 15: Page 85 after line 15, H. Res. 458: Mr. MCNULTY. insert the following new section: f AMENDMENT NO. 13: Page 95, after line 19, insert the following: SEC. ll. The Secretary of Agriculture AMENDMENTS SEC. 809. REPORTS. shall use not more than $80,000,000 of the Under clause 8 of rule XVIII, pro- Not later than 1 year after the date on funds of the Commodity Credit Corporation which the President terminates an existing posed amendments were submitted as for equity capital and grants to establish unilateral agricultural sanction or medical farmer-owned cooperatives composed of follows: sanction pursuant to section 803(b), and not small- and medium-sized producers and other H.R. 4461 later than 1 year after the date on which a cooperatives that create opportunities in OFFERED BY: MR. ANDREWS new unilateral agricultural sanction or med- rural America, for feasibility studies, busi- AMENDMENT NO. 12: At the end of title VII ical sanction is terminated pursuant to sec- ness development strategies, restructuring of the bill, add the following new section: tion 806, the President shall prepare and small- and medium-sized enterprises, and the SEC. 753. Section 502(h) of the Housing Act transmit to Congress a report that contains processing and marketing of agricultural of 1949 (42 U.S.C. 1472(h)) is amended by add- a description of any occurrence of food or commodities (including livestock), which ing at the end the following new paragraph: medicine that has been prevented from amount shall remain available for such pur- ‘‘(13) GUARANTEES FOR REFINANCING reaching intended populations by the foreign pose until expended: Provided, That such LOANS.—Upon the request of the borrower, country or foreign entity involved, any oc- amount is designated by the Congress as an the Secretary shall guarantee a loan that is currence of stockpiling of food or medicine emergency requirement pursuant to section made to refinance an existing loan that is by the country or entity involved, and any 251(b)(2)(A) of the Balanced Budget and made under this section or guaranteed under effort by the country or entity involved to Emergency Deficit Control Act of 1985 as this subsection, and that the Secretary de- foster distribution of food and medicine to amended: Provided further, That the entire termines complies with the following re- the population. amount shall be available only to the extent quirements: Page 95, line 20, redesignate section 809 as that an official budget request that includes section 810. ‘‘(A) INTEREST RATE.—The refinancing loan designation of the entire amount of the re- shall have a rate of interest that is fixed H.R. 4461 quest as an emergency requirement as de- over the term of the loan and does not ex- OFFERED BY: MS. KAPTUR fined in the Balanced Budget and Emergency ceed the interest rate of the loan being refi- AMENDMENT NO. 14: Page 21, after line 4, in- Deficit Control Act of 1985, as amended, is nanced. sert the following new paragraph: transmitted by the President to the Con- ‘‘(B) SECURITY.—The refinancing loan shall For an additional amount to prevent, con- gress. The total amount of equity capital be secured by the same single-family resi- trol, and eradicate pests and plant and ani- and grants provided to a single entity under dence as was the loan being refinanced, mal diseases, $53,100,000, to remain available this section shall not exceed $10,000,000.

VerDate 24-MAY-2000 06:28 May 24, 2000 Jkt 079060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\A23MY7.112 pfrm06 PsN: H23PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, MAY 23, 2000 No. 65 Senate The Senate met at 9:31 a.m. and was APPOINTMENT OF ACTING Now, again, for the information of called to order by the Honorable RICK PRESIDENT PRO TEMPORE Senators, we will have this debate on SANTORUM, a Senator from the State of The PRESIDING OFFICER. The the nominations throughout the day. Pennsylvania. clerk will please read a communication Beginning tomorrow, in the morning, I to the Senate from the President pro presume, right after the opening activi- ties, we will go to the legislative PRAYER tempore [Mr. THURMOND]. The legislative clerk read the fol- branch appropriations bill. We hope to The Chaplain, Dr. Lloyd John lowing letter: be able to finish that in a reasonable Ogilvie, offered the following prayer: U.S. SENATE, period of time. But regardless of that, Almighty God, as we begin this day PRESIDENT PRO TEMPORE, sometime in midafternoon—I presume, of work here in the Senate our minds Washington, DC, May 23, 2000. 3:30, 4:00, 4:30; we will have to look at To the Senate: the time and work out that exact are focused on the people of New Mex- Under the provisions of rule I, section 3, of ico who have suffered the loss of their time—we will begin a series of votes the Standing Rules of the Senate, I hereby that will probably mean votes on ei- homes and personal property in the appoint the Honorable RICK SANTORUM, a tragedy of the forest fires in both the Senator from the State of Pennsylvania, to ther four or five or six—I hope it is five northern and southern parts of the perform the duties of the Chair. or four and not the full six, but we State. Especially, our hearts go out in STROM THURMOND, could still have as many as six votes in profound sympathy for fire fighter President pro tempore. a row Wednesday afternoon. Then we Samuel James Tobias who lost his life Mr. SANTORUM thereupon assumed hope to turn to the Agriculture appro- while flying a spotter plane over the the chair as Acting President pro tem- priations bill. pore. forest fires. Comfort his family and f continue to give courage to his fellow f fire fighters. RECOGNITION OF THE MAJORITY UNANIMOUS CONSENT AGREE- Father, we are profoundly grateful LEADER MENT—EXECUTIVE CALENDAR for the heroic service of fire fighters, The ACTING PRESIDENT pro tem- Mr. LOTT. In executive session, I ask police and emergency personnel who pore. The majority leader. unanimous consent that at 11:30 a.m., face danger and possible loss of life to f Tuesday, May 23, the Senate proceed to preserve our forests, natural resources, executive session to consider Executive homes, and our very lives. SCHEDULE Calendar No. 436, the nomination of Now, as we turn to the responsibil- Mr. LOTT. Mr. President, today the Bradley Smith to be a member of the ities of this day we ask You to fill the Senate will be in a period of morning FEC. I further ask consent that debate wells of our souls with Your strength business, with Senators GRAMS and be limited on the nomination as fol- and our intellects with fresh inspira- DURBIN in control of the time until lows: Senator MCCONNELL, 2 hours; tion. Here are our minds, enlighten 11:30 a.m. Momentarily, I intend to pro- Senator DODD, or his designee, 2 hours; them; here are our wills, quicken them; pound a unanimous consent request Senator WELLSTONE, 2 hours; Senator here are our bodies, infuse them with that provides for debate on two FEC MCCAIN, 2 hours; Senator FEINGOLD, 2 energy. For You, Dear God, are our nominations, beginning at 11:30 a.m., hours. Lord and Saviour. Amen. and consuming the remainder of the I further ask consent that following day. There will also be debate time on the use or yielding back of time, the f several judicial nominations, with any nomination be laid aside, with a vote votes ordered during today’s session to to occur on the confirmation of the PLEDGE OF ALLEGIANCE occur on Wednesday. nomination during Wednesday’s session For the information of all Senators, of the Senate at a time to be deter- The Honorable RICK SANTORUM, a it is my intention to begin consider- mined by the two leaders, with 20 min- Senator from the State of Pennsyl- ation of the legislative branch appro- utes for closing remarks, equally di- vania, led the Pledge of Allegiance, as priations bill, as well as the Agri- vided, just prior to the vote. If we need follows: culture appropriations bill, later this a few more minutes than that, we will I pledge allegiance to the Flag of the week. It is hoped that the Senate can work with the interested parties to see United States of America, and to the Repub- complete action on both of these very if that can be achieved. lic for which it stands, one nation under God, important spending bills prior to the I also ask consent that immediately indivisible, with liberty and justice for all. Memorial Day recess. following that vote, the Senate proceed

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

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VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4242 CONGRESSIONAL RECORD — SENATE May 23, 2000 to a confirmation vote on the nomina- Mr. DASCHLE. Reserving the right will now be a period for the transaction tion of Danny McDonald, Calendar No. to object, let me just say that there are of morning business with Senators per- 435. 19 nominations still pending on the cal- mitted to speak therein for up to 10 I further ask consent that also on endar if we are able to adopt this unan- minutes each. Tuesday, May 23, the Senate then pro- imous consent request today. Some of f ceed to the nomination of Timothy those nominations have been on the ORDER OF PROCEDURE Dyk to be a U.S. circuit judge, Cal- calendar for well over a year. I think it endar No. 291, and the debate be lim- is the view of virtually every member Mr. GREGG. Mr. PRESIDENT, I ask ited to the following: Senator SES- of the caucus on our side that to hold unanimous consent that I be allowed to SIONS, 30 minutes; Senator HATCH, 15 nominations that long is cruel. It is speak for 5 minutes without having minutes; and Senator LEAHY, 15 min- wrong. It should not be tolerated. We that time come off of the time allo- utes. are in a position to clear all nomina- cated to the Senator from Minnesota, I further ask consent that on Tues- tions, including those 19. who, I understand, has time reserved day, the Senate proceed to Calendar I ask whether the majority leader during this period of morning business. No. 498, the nomination of Gerard might be able to clear those as well? The ACTING PRESIDENT pro tem- Lynch, and there be 40 minutes of de- Mr. LOTT. Mr. President, I will re- pore. The Senator has time until 10 bate, equally divided, between the op- spond. I know that at least one ap- o’clock. The Senator from Minnesota ponents and proponents. I also ask con- pointment is waiting on a companion has time until 10 o’clock. sent that all debate time on the nomi- appointment from the administration, Mr. GREGG. I ask unanimous con- nations be consumed or considered where you have a Democratic nominee sent that I be allowed to speak for 5 yielded back during Tuesday’s session for a commission or a board, and we minutes and that his time be extended of the Senate. usually try to move them together. to reflect the time that I will take. I further ask consent that the vote That is one case. Then we have seven The ACTING PRESIDENT pro tem- occur on or in relation to the Dyk IRS members who can be cleared if—I pore. There are sequential times after nomination third in the voting se- understand there is opposition to at that. The Senator from Wyoming has quence on Wednesday, to be followed least one of those from the Democratic until 10:30, and the Senator from Illi- by votes on Executive Calendar No. 498, side. nois has until 11:30. No. 519, and No. 520. But my goal in working to get this Mr. GREGG. I ask unanimous con- I ask unanimous consent that imme- large package done is so we can con- sent that my 5 minutes come off of the diately following those votes, the Sen- tinue to work to get companion nomi- time of the Senator from Wyoming. ate immediately proceed to the consid- nations and move more nominations. I The ACTING PRESIDENT pro tem- eration of the following nominations discussed this with Senator DASCHLE pore. Without objection, it is so or- on the Executive Calendar: yesterday. It is not easy, but we hope dered. Nos. 206, 334, 424, 433, 434, 437, 438, 439, to continue to work together to get the f 440, 441, 442, 443, 444, 445, 446, 447, 448, nominations in a position where they SIERRA LEONE 449, 452, 453, 455, 456, 457, 458, 459, 460, can be cleared, or where we have de- 461, 462, 463, 464, 465, 466, 467, 468, 469, bate time and a vote and arrange for Mr. GREGG. Mr. President, I wanted 472, 476, 477, 478, 479, 480, 481, 482, 483, that to occur. We will keep working on to speak about Sierra Leone and espe- 496, 497, 499, 500, 501, 502, 503, 504, 505, it. It has been reduced by some 70 or cially about the attempts I have made 506, 518, 521, 522, 523, and all nomina- more nominations if this entire pack- to address this issue as chairman of the tions on the Secretary’s desk. age is completed, and if all of them— Appropriations Subcommittee on Com- I further ask unanimous consent that well, it will either be voted on and ap- merce, Justice, State, and the Judici- the nominations be confirmed, the mo- proved or defeated, leaving only 19. So ary. tions to reconsider be laid upon the that is a major step toward getting The New York Times and a number table, any statements relating to the nominations confirmed. of other daily papers have reported nominations be printed at the appro- Mr. DASCHLE. Reserving the right that I have limited the ability of the priate place in the RECORD, the Presi- to object, and I will not, obviously, I State Department to spend money on dent be immediately notified of the hope the majority leader will work behalf of the United Nations, or send Senate’s action, and the Senate then with us to work through these 19 money to the U.N. for the purpose of return to legislative session. names. As I say, some of them have put peacekeeping in Sierra Leone, and that The ACTING PRESIDENT pro tem- their lives on hold now for over a year. is correct. However, the numbers that pore. Is there objection? It is just intolerable to them, and it the New York Times, at least, used Mr. MCCAIN. I object. should be intolerable to us that we were incorrect. The ACTING PRESIDENT pro tem- would accept that kind of a practice. I I think the record needs to be cor- pore. Objection is heard. will work with the majority leader and, rected. I presume this story came from Mr. LOTT. I suggest the absence of a hopefully, resolve these outstanding a momentum within the U.N. to try to quorum. problems. I will not object to this re- put pressure on the Congress to spend The ACTING PRESIDENT pro tem- quest. money on U.N. initiatives. Obviously, pore. The clerk will call the roll. Mr. FEINGOLD. Mr. President, re- the U.N. feels that by using our media The legislative clerk proceeded to serving the right to object, I simply sources in this country, they can influ- call the roll. thank both the leaders for their pa- ence the activity of the Congress, spe- Mr. LOTT. Mr. President, I ask unan- tience in working out this very dif- cifically of the Senate. However, I imous consent that the order for the ficult agreement. I appreciate the ma- would have hoped that the New York quorum call be rescinded. jority leader extending us time prior to Times reporter would have reviewed The ACTING PRESIDENT pro tem- the vote to summarize our arguments. the actual facts and determined the pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- facts before reporting them as facts. dered. pore. Is there objection? Obviously, this reporter got his infor- Mr. LOTT. I amend the unanimous Without objection, it is so ordered. mation from somebody, I presume, at consent request which stated there The ACTING PRESIDENT pro tem- the U.N., or maybe the State Depart- would be 20 minutes for closing re- pore. The Senator from New Hampshire ment, and did not bother to check the marks, equally divided, just prior to is recognized. facts. the vote. I amend that to say, 20 min- Mr. GREGG. Mr. President, are we It was represented in the story, for utes for closing remarks, equally di- now in morning business? example, that the amount of money vided, plus an additional 10 minutes for f that was owed to the U.N. in the area Senator MCCAIN and 10 minutes for of peacekeeping was somewhere in the Senator FEINGOLD. MORNING BUSINESS vicinity of $1.7 billion. This number is The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- inaccurate and the story was, there- pore. Is there objection? pore. Under the previous order, there fore, inaccurate.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4243 Let me review the numbers specifi- So we have approved a significant I chair, and in which the ranking mem- cally. In accounting for the amount of amount of peacekeeping dollars for a ber, Senator HOLLINGS, participates in money that the U.N. is owed, there is a variety of different missions that have very aggressively, has in some way op- regular budget assessment of approxi- been undertaken by the U.N. However, posed peacekeeping is inaccurate. The mately $300 million. This is included in the problem I have is that in Sierra numbers used in the article are inac- the $1.7 billion, which I presume they Leone, what we ended up doing was en- curate. The fact is, we have raised le- got from the U.N., or they could not dorsing a policy that brought into gitimate concerns to protect the tax- have gotten to that number. However, power parties who had committed rape, payers of this country, which is our that $300 million is not owed. We paid murder, and atrocities against the peo- job. I believe we are doing it effec- that money on a 9-month delay. We ple of Sierra Leone. And instead of hav- tively. have always paid it on a 9-month delay ing these people brought to justice I yield the floor. because of the budgeting process of the under the War Crimes Tribunal, as The ACTING PRESIDENT pro tem- Federal Government. So you can re- they should have been, what we have pore. Under the previous order, time duce that number by the $300 million done is endorsed these people in the until 10:05 a.m. is under the control of figure because that money will be paid Lome Accord and said they should be the Senator from Minnesota. on October 1, as it always is. brought into the Government. That Mr. GRAMS. Thank you very much, Second, the Times must have been policy makes no sense. Mr. President. I understand Senator counting as a U.N. assessment the We are seeing a deterioration of that THOMAS is to control the time from 10 peacekeeping moneys of $500 million. policy by what is happening to the a.m. until 10:30 a.m. He will not be to Well, the $500 million is the amount we peacekeepers in Sierra Leone today. the floor right away. I ask unanimous have allocated for peacekeeping in our Instead of taking weapons from the consent to have 15 minutes of addi- budgets for the benefit of the U.N. But rebels who are basically killing people tional time from Senator THOMAS’ that $500 million has not yet been arbitrarily and, as part of the policy, time. called upon by the U.N. In fact, of that hacking limbs off of people—instead of The ACTING PRESIDENT pro tem- $500 million, we have received requests taking their weapons, the U.N. has pore. Without objection, it is so or- for approximately $300 million. We given up more weapons than it has dered. have not received requests for the full taken in Sierra Leone. f $500 million. We have received requests Right now, we still have actually for about $300 million. We have paid—of hundreds of U.N. peacekeepers who SOCIAL SECURITY REFORM that $300 million requested—approxi- have been taken hostage over there. Mr. GRAMS. Thank you very much. mately $55 million. The balance is in Why? Because the policy being pursued Mr. President, I have a lot to go issue, but it is being worked out. So in Sierra Leone was misdirected from through in a very short period of time. that number is inaccurate, and you can the start. We should not have been But I wanted to come to the floor this reduce that $1.7 billion by at least $200 making peace. We should not have been morning to make a few remarks on a million that we have not received a re- bringing into the Government people vitally important issue facing our Na- quest for, and the $55 million we have who acted in such a barbaric way to- tion, which is how we are going to paid and, in my opinion, by significant ward their own people. We should have strengthen and save Social Security. other numbers also. been taking a harder line. We should But, first, I would like to commend Third, the Times must have been George W. Bush for bringing Social Se- counting the $926 million which is an have been sending in U.N. peace- curity reform to the forefront by pro- arrearage payment. The arrearage keepers—in Sierra Leone honoraria we posing to allow workers to invest a issue was settled last year. It had been may not want to—people who had the portion of their Social Security payroll delayed for 3 years because of the Mex- capacity and the equipment to defend taxes in personal retirement accounts. ico City language, which did not need themselves, and had the portfolio and to be delayed. But the administration the directions so they could defend I believe this is the best solution to the put such a hard line on obscure lan- themselves and use force. fast approaching insolvency of Social Unfortunately, we didn’t send those guage dealing with Mexico City Security. Planned Parenthood that they ended types of troops in there—or the U.N. Governor Bush’s vision of courage up tying up the arrears that we as the didn’t. America is complicit in this. and leadership is greatly appreciated Senate were willing to pay. We appro- American taxpayers have to ask them- by all of us who are concerned about priated that money every year, by the selves, why are we spending this saving this Nation’s retirement pro- way. There was an agreement reached money? Why would we want to spend grams, including the Senator from between ourselves and the State De- money to support, encourage, and en- Pennsylvania, who is in the chair this partment and the White House, known dorse people who are essentially crimi- morning, who has also worked very as the Helms-Biden agreement, which nals and moving those criminals into hard and tirelessly to find a way to said we would pay that money. So that the Government of Sierra Leone and save Social Security in the future. money is in the pipeline to be paid, giving them the authority to act? Well, In contrast to the efforts by Gov- subject to the U.N. meeting certain that was my reason for putting a hold, ernor Bush to explore solutions to fix conditions. That is not in issue. as we call it, on this. It was actually a our retirement system, his opponent, So when you take all the numbers, denial of the funds for Sierra Leone. Vice President AL GORE, offers no there is no $1.7 billion at issue. Actu- It appears, having said that, I guess, workable plan and only politicizes the ally, it is closer to $100 million than that suddenly people have awakened issue. He accuses Governor Bush of $1.7 billion. So the exaggeration in the and are saying, hey, maybe that is being too willing to take risks with the story was inaccurate. It reflects, I right. In fact, as of yesterday, the nation’s retirement program. He also think, shoddy journalism. State Department changed its position believes that younger workers should Secondly, the story implied that my as to the rebel leader over there. In- not be allowed to invest some of their position was basically an isolationist stead of him being a conciliatory, posi- payroll taxes because they would not position and that I am opposing peace- tive force for the basis on which they be capable of managing their own in- keeping everywhere in the world. might base the peace accord over there, vestments. No, I am not. In fact, we have ap- this person—or people—should be Besides the usual scare tactics, Vice proved peacekeeping in my committee brought before an international tri- President GORE has taken the same ap- in a number of areas. We have approved bunal when they have committed proach as President Clinton in dealing peacekeeping in the Golan Heights for crimes against humanity, which this with Social Security problems—basi- $4 million, Lebanon for $15 million, Cy- individual clearly has. Maybe there is a cally, they refuse to make hard choices prus for $3 million, Georgia for over $3 shift of attitude occurring within the and use double counting and other million, in Tajikistan for $2 million, State Department. I hope there is be- budget gimmicks to mask the threat to and the Yugoslavia and Rwanda War cause that would move us down the Social Security. Crime Tribunal for $22 million. The list road towards resolving this issue. But Under current law, Social Security goes on and on. the representation that the committee will begin running a deficit by 2015.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4244 CONGRESSIONAL RECORD — SENATE May 23, 2000 The Clinton/Gore proposal would not more urgent for us to find a solution to than the demand will be for those bene- extend this date by a single year. Social Security’s approaching insol- fits, and the Social Security trust They simply put more IOUs in the vency. The report shows some short- funds would go broke in 2037; that is, if Social Security trust fund which will term improvement but continued long- we could turn the IOUs between now significantly increase the national term deterioration. The inflation-ad- and the year 2015 into cash and be able debt, and then claim they have saved justed cumulative deficit between 2015 to use them to supplement the system. Social Security. and 2075 is not projected to be $21.6 tril- Without it, the American taxpayer is But their numbers simply do not add lion, up nearly 7 percent from last going to be asked as early as 2015 to up. Between 2015 and 2036, the govern- year’s projection. If the economy takes begin paying higher taxes to redeem ment will have to come up with $11.3 a turn for the worse, or if the demo- those IOUs which exist today with the trillion from general revenues to make graphic assumptions are too opti- pay-as-you-go system. up the annual shortfall in the Social mistic, the Trust Fund could go bank- Why are we in trouble? Why is it Security system. This is nearly three rupt much sooner. being stretched to the limit? times the amount the government will Clearly, Vice President GORE is just In 1940, there were about 100 workers save from paying down the publicly plain wrong about Social Security, for every person on retirement. You re- held debt during that period. about government investment, and the member the old Ponzi system, the pyr- Worse still, the Clinton/Gore plan ability of working Americans to man- amid scheme, where you had a lot of does not trust the American people to age their own money. His use of scare people at the bottom and you could manage their own money, and they in- tactics dodges the real issue: that we support a few at the top. That is the stead propose government investment must solve the insolvency problem. way the system was. It worked then be- of Americans’ Social Security sur- Americans’ retirement should be above cause of the pyramid style of 100 work- plus—this despite Vice President politics, and we should have an honest ers and 1 retiree. Today there are about GORE’s recent denial that their plan debate on the best way to avoid the three workers for every retiree. By the called for the government to invest fast approaching Social Security crisis, year 2050, there will be about two payroll taxes in the stock market. ‘‘We and to ensure retirement security for workers for every retiree. didn’t really propose it. We talked all Americans. So you can see the strain that we are about the idea,’’ he said. Mr. President, to achieve this goal, going to put on the system. But what is Vice President GORE obviously has a we must understand how we got here, the system? That system is going to be short memory. He forgot their govern- what problems we are facing and what your children, your grandchildren, and ment investment proposal was included options we have to save our retirement your great-grandchildren. They are in their budgets for FY 1999, FY 2000 system. Now, Mr. President, let us take going to be put under a tremendous fi- and FY 2001. a look back in time to see what we can nancial strain in order to support an I remember that when the Clinton learn and also what I believe is the best outdated system. administration first proposed the gov- plan to achieve retirement security. As I mentioned, right now we are in ernment investment scheme, I asked Clearly, Vice President AL GORE is a surplus mode. But by the year 2015, Federal Reserve Chairman Alan Green- just plain wrong about Social Security, we are going to begin accumulating span whether we should allow the gov- and I am glad that he and Governor deficits, and this is going to continue ernment to invest the Social Security Bush have framed the debate in what on a very downward pattern over the Trust Funds in the markets, and we are going to be talking about as far next 70 years. This is what we are going whether or not this was the right ap- as Social Security over the next 5 to accumulate. The Government is proach. Here are his exact words: months of a very important campaign coming up short with more than a $20 and into the 107th Congress. No, I think it’s very dangerous . . . I don’t trillion shortfall between the year 2015 know of any way that you can essentially in- I have been doing a series of town sulate government decision-makers from meetings in Minnesota, trying to out- and the year 2070. That means these are having access to what will amount to very line the problems that we find with So- the benefits the Government has prom- large investments in American private in- cial Security. Social Security has done ised to pay and this is what we are dustry.... the job we have asked it to do over the going to come up with, and we will be I am fearful that we are taking on a posi- short of revenues from the current tion here, at least in conjecture, that has last 65 years; that is, to provide min- imum retirement benefits to millions FICA tax or withholding tax in order very far-reaching, potential danger for a free to pay these benefits. American economy and a free American soci- of Americans. But a public Social Se- ety. It is a wholly different phenomenon of curity system was even questioned by From where is this $20 trillion-plus having private investment in the market, Franklin Roosevelt back in 1935. He going to come? As I said, it will come where individuals own the stock and vote the thought at one time during part of the from paying back the IOUs that have claims on management (from) having gov- debate that we should have included a already gone out. It is the American ernment (doing so). private retirement account as part of taxpayer who is going to see tax in- I know there are those who believe it can the options. He even said when the So- creases of at least twentyfold in order be insulated from the political process, they to do this. go a long way to try to do that. I have been cial Security program was created that around long enough to realize that that is he wanted the feature of a private sec- My plan, which is a totally funded re- just not credible and not possible. Some- tor component to build retirement in- tirement system, is going to cost—our where along the line, that breach will be bro- come. It was not included. In fact, it estimate—at least $13 trillion, and it is ken. was taken out in conference after being going to take a little bit shorter curve Mr. President, Chairman Greenspan approved here on this Senate floor with in over to attain by the year 2050. We was among the first to raise the issue the promise that a private investment need to solve this problem, and we will of Social Security’s unfunded liabil- concept would be brought back the be in the black in a system that will ities and warned Congress a few years next year to be debated as part of the pay for itself by the year 2015. But if ago about the consequences if we fail Social Security program. That never you look at the current system, in the to fix Social Security. happened. It was one of the first big year 2070, it is $20 trillion in debt, and Mr. President, we should never ven- lies dealing with Social Security. it is heading downhill at an ever in- ture out onto what Chairman Green- Why are we having problems today? creasing rate. span calls ‘‘a slippery slope of extraor- Social Security is now a system being I am going through these a little fast dinary magnitude.’’ We must move stretched to its limits. Seventy-eight because we don’t have a lot of time this from a pay-as-you-go system to a fully million baby boomers will begin retir- morning. But I will try to get in all of funded retirement system, which he ing in the year 2008. Social Security this information. supports. This is the only way to save spending will exceed tax revenues by The biggest risk we have facing So- Social Security. the year 2015. In other words, the sur- cial Security today is doing nothing at The recently released annual report pluses we hear about today will not all. of the Social Security Trust Fund’s exist past 2015. In fact, at that time the Again, this is the way Vice President Board of Trustees shows it is even system will be bringing in less money AL GORE has framed the debate. Let’s

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4245 do nothing. Let’s just put our arms adjusted. And this is 75 years, includ- out of Social Security funds. If we are around this. Let’s put a Band-Aid over ing the crash of 1929, the Great Depres- honest about not taking a dime out of the real problem dealing with Social sion and everything else. The markets Social Security, we should do that. Security or our retirement future. have been a better source of revenue My plan, the six principles for saving Let’s put a Band-Aid over it and do than what we can expect from Social Social Security, protects current and nothing, despite the fact there is over Security in the future. future beneficiaries. Anyone on Social $20 trillion in unfunded liabilities. There is no Social Security account Security today or planning on retiring The Social Security trust fund is with your name on it. I know a lot of and staying with this system—that is nothing but IOUs. If this is how the people think: I have paid into Social your option—we guarantee protection system will remain solvent, I say why Security all my working life; surely, of future benefits. That is a guarantee not write an IOU to yourself? Make it there has to be an account in Wash- we have to make. Seniors today and for $1 million; put it in your checking ington in my name. those who want to retire should not be account. How many banks will allow There is not. There is not an account afraid of allowing their children or you to write a check? Not one, until in your name. There is not one dollar grandchildren to have options. We you redeem the IOU. set aside for your retirement. It is a guarantee your benefits today. This is To pay promised Social Security ben- pay-as-you-go system. All one can hope an agreement I believe the Government efits, the payroll tax paid today, which is when retiring there are people work- has made with you. Taxpayers have is one-eighth of everything taxpayers ing yet so we can take money from said: I will pay into the system, and I make, will have to be increased by at their check and give it to you as a ben- expect a retirement benefit in return. least 50 percent or benefits will have to efit in retirement. The money we col- That is the agreement. I think we need be reduced. We are leaving our kids and lected the first of May will go out in to make sure that happens. grandchildren a future of paying more benefits at the end of May. It is a pay- Allow freedom of choice—your kids, for retirement, getting less, and they as-you-go system. No investments, no your grandchildren to have the chance are talking of raising the retirement cash, no accumulation of wealth, no as- to have a private retirement account. age further. Is that the kind of system sets—nothing for your retirement, just Preserve the safety nets for dis- we want to leave our children? I don’t the hope there will be workers. ability and survivor benefits as the sys- think so. When they talk about solvency and tem today. Make sure that is included. Payroll taxes keep rising. Today, in Social Security until 2037, because of Make Americans better off, not the year 2000, 15.4 percent of your in- the IOUs, the President has actually worse. My plan says you cannot retire come is deducted in FICA taxes to pay had to put into his budget certain with less than 150 percent of poverty. for Social Security and Medicare. By words so he is legally correct in dealing That is your income. Today, nearly 20 the year 2030, that will be about 23 per- with the IOUs. The statement begins percent of Americans retire into pov- cent, according to low estimates; it ‘‘These [trust fund]’’—and the Senator erty because Social Security is so low. will be about 28 percent according to from South Carolina, Mr. HOLLINGS, The majority of those are women. So- even higher projections. Somewhere in says there is no ‘‘trust’’ and there is no cial Security is a system that discrimi- between there is what we are going to ‘‘funds’’ in trust funds. nates against women. see our children paying in FICA taxes. These [trust fund] balances are available to Create a fully funded system. And no If they are paying nearly 30 percent in finance future benefit payments and other tax increases in the future. trust fund expenditures—but only in a book- The Grams plan, the Personal Secu- FICA taxes, and thrown on top of that keeping sense. They are claims on the Treas- is an average of 28-percent Federal ury, that, when redeemed, will have to be fi- rity and Wealth in Retirement Act I in- taxes, we are now up to 48 percent. My nanced by raising taxes, borrowing from the troduced in September last year, and in home State of Minnesota has an 81⁄2 public, or reducing benefits or other expendi- the 105th Congress, my staff says, is percent State tax, so now we are 57 per- tures. the third rail of politics. Members can- cent. Add in your sales tax, estate tax, In their own budget, they had to very not talk about retirement or Social Se- property taxes, and everything, and clearly spell out that the IOUs we are curity or they will never get reelected. our children are going to be paying talking about in the Social Security I thought it was so important we had taxes that could be in the range of 65 to trust fund are nothing but paper. to talk about it I said then it would be- 70 percent of their income. Again, is The Social Security lockbox is very come an important issue of this Presi- this the future we want to leave our important. The moneys we are taking dential campaign. As I mentioned ear- children? in now, the surplus in Social Security, lier, Governor Bush and Vice President Diminishing returns of Social Secu- needs to be locked away. We need to AL GORE have now framed this debate rity is another problem. Right now, So- save the Social Security trust fund dol- and it will be an important part of the cial Security is paying less than a 2 lars for Social Security and keep Wash- elections in 2000. percent return. If someone retired in ington’s big spenders from using trust Right now, 12.4 percent of workers’ 1950 or 1960, they got back all the fund dollars for other Government income goes into Social Security, one- money paid into Social Security within functions. I introduced a Grams Social eighth of everything they make. My 18 months. Today’s workers are getting Security lockbox concept that takes plan says you can take 10 percent of back less than 2 percent on their in- care of this. your income and put that into a per- vestment. Many of the minority groups The Grams lockbox offers a double sonal retirement account. That would in our society are now getting a nega- lock on Social Security. It triggers an be managed by Government-approved tive return. In other words, they are automatic reduction in all Government private investment companies. Safe supporting Social Security with their discretionary spending, including Con- and sound. We hear the scare tactics; dollars because they are receiving less gressional Members’ pay, if any of the we will invest your money and lose it. because of life expectancy. For those Social Security surplus is spent, re- Some do better than others. They say today under 50 years old, when they re- turning it to the Social Security trust you are too dumb to manage your own tire they will actually receive a zero fund. In other words, in Washington, money. You don’t know how to save for return or less, a negative return. I we are always at ‘‘best guess’’ esti- your future. don’t know how many people will stand mates. We have an estimate on what Our plan says we have faith in you. in front of a window to invest their our revenues will be, we have a best Under Government-approved guidelines money when they are promising to pay guess on estimates on what spending as those used in your IRAs and the you 2 percent and, in the future, less will be. My lockbox says we have prom- FDIC account at your banks, provi- than 0 percent on the investment. I ised not to take one dime from Social sions are made for safety. These plans don’t think many people want to do Security. If the estimates are off, even are the same. Your retirement would that. if only off a million dollars, all other be safe, sound, and secure. The only I compare this with the market re- spending would be reduced so Social difference is it would accumulate and turn over the last 75 years. The mar- Security would not pay one dime. grow much faster, and taxpayers re- kets have paid back better than 7 per- Right now, any deficit spending has ceive much better returns than Social cent real return. This is after inflation to come out of the surplus, and that is Security.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4246 CONGRESSIONAL RECORD — SENATE May 23, 2000 For those who say: I have paid into But this is a comparison between So- accounts are better, why don’t you and Social Security for so long, first, if cial Security and what Galveston I get to enjoy the same thing as these your wage is $30,000, under Social Secu- County pays. They are very conserv- three Senators speak of for San Diego? rity today, $3,720 is put into the Social ative, investing only in annuities, not The United States trails other coun- Security account. Under my plan, necessarily in the market. This is what tries in saving its retirement system. $3,000 goes into your account. A pass- they paid: For nearly 19 years Chile offered PRAs; book shows assets of $3,000 plus inter- Social Security death benefit? My fa- 95 percent have opted into the system, est at the end of the first year. The ther passed away at 61 and received and their average return last year was other $720 is part of our financing plan, zero from Social Security, except for a 11.3 percent. They have had much high- to make sure there are benefits for $253 death benefit after a lifetime of er than that, but last year it averaged those who stay in Social Security. The work, investing in Social Security— 11.3 percent. Among other countries $720 goes into that system. Hopefully, $253. In Galveston County: A minimum that are going to private retirement that would be absolved in 20 years and death benefit of $7,500. accounts—and I am talking totally pri- would then be a tax cut. Ten percent of Disability benefits under Social Se- vate retirement accounts—are Aus- your salary would go into your account curity—maximum $1,280; for Galveston tralia, Britain, Switzerland, and there to begin to grow assets for you and it is now $2,800 dollars. are 11 others. Thirty countries today your family. In retirement benefits per month: So- are considering doing that. If you make an average of $36,000 a cial Security, $1,280 maximum; in Gal- We like to think we are ahead of the year, after your lifetime of work, $1,280 veston, $4,790—much better returns. game on a lot of things here in the a month is your maximum benefit from One lady’s husband was 42; she was United States, which we are in most Social Security. Take 10 percent, put it 44. He passed away suddenly from a cases, but when it comes to Social Se- into an average return market ac- heart attack. All she could say was, curity, we are behind the curve of what count, and your retirement would be ‘‘Thank God that some wise men other countries are doing. $6,514 a month, a much better return privatized Social Security here. If I British workers chose PRAs with 10- for your retirement than the $1,280. had had regular Social Security, I’d be percent returns. The question is, Who These are average returns, nothing broke.’’ She would have been in pov- could blame them? Two out of three spectacular, as we have seen in the erty with her three children. After her British workers are now enrolled in the markets as of late. Based on an income husband died, Wendy Colehill was able second-tier; that is, private parts of of $36,000—we have heard of everything to use her death benefit check of their social security system. They from taking just 2 percent of the 12.4, $126,000 to pay for his funeral and enter chose to enroll in PRAs. British work- maybe taking 6 percent or about half of college. Under Social Security, she ers have enjoyed a 10-percent return on the Social Security. My plan would put would have received $255. So she got a their pension investments over the last it all into private accounts, and these death benefit of $126,000 plus a sur- 5 years—a 10-percent return. I said our are what we could expect as the dif- vivors benefit to which Social Security numbers are based on a conservative 7 ferences. never would have come close. She said, percent. The pool of PRAs in Britain After 20 years at 2 percent, you would ‘‘Thank God for Galveston.’’ exceeds nearly $1.4 trillion today. That only have $33,000 in a separate account. In San Diego, a 30-year-old employee is how much they have accumulated in Under our plan, you would have, after who earns a salary of $30,000 for 35 that account. That is larger than the 20 years, $168,000. But after a lifetime years, contributing—in San Diego they entire economy of Britain, and it is at an average income of $36,000, if you only contribute 6 percent, not 12.4—6 larger than the private pensions of all could take 10 percent of your wages percent, so they pay less than half into other European countries combined. and put it into a personal retirement their retirement system than you do— This is what the British workers have account, you would have, not $171,000 would receive about $3,000 a month in set away for their retirement. but $855,000 cash money in an account their retirement compared to $1,077 Say you are 45 year old. You say: I for you and your family for your retire- under Social Security. They pay in less have worked 20 years; I paid into the ment benefits and part of your estate than half and get three times more. system; How am I going to let that go? as well. That is for a single worker. The difference between San Diego’s A lot of young people who are 45 say: An average family in the United system of PRAs and Social Security is If you just let me out of the system, States right now has an income of more than three times better under you can keep everything I paid in. But about $58,500. If we could take these their private plan. Even those who op- we said, again, it is a contract with the same scenarios, after a lifetime of pose PRAs—and there are many in this Government. work, under 2 percent, you would set Senate who say, as Vice President We need to have a recognition bond. aside an additional $278,000 for your re- GORE says, you just cannot handle your This is a sample. But if you have paid tirement—better than Social Security, own retirement—agree that the system in $47,000 or $91,000, we should recognize granted, because this will be a supple- in San Diego is better. that in a bond—put that into your pri- ment to that. But if you could put 10 This is a letter written from Sen- vate account as seed money and pay percent away, you would have nearly ators BARBARA BOXER, DIANNE FEIN- you interest on it, due and payable $1.4 million put away for your retire- STEIN, and TED KENNEDY, among oth- when you reach the age of 65. If you ment—$1.4 million put away for your ers, to President Clinton. Under the choose to remain within the current retirement. That is after 40 years at 10 President’s plan for privatizing any system, the Government will guarantee percent, with an average salary of part of Social Security, he wanted to your benefits—again, part of that con- $58,000 a year: $1.4 million on which you take all these employees and bring tract. If you stay with Social Security, can retire. them into Social Security. Take Gal- we are going to guarantee your bene- We look at Galveston County, TX. veston County, San Diego, take all of fits. If you are on retirement today, we When Social Security was implemented them, and they would have had to be- are going to guarantee those benefits, in 1936, one part of the law said if you come part of Social Security. But Sen- preserve the safety net so no American were a public worker and had a private ators BOXER, FEINSTEIN, and KENNEDY, will be retiring into poverty. retirement account, you did not have among others, wrote to the President Again, the poverty level today is to go into Social Security. We have and said: $8,240 a year. That means in the United something like 5 million Americans Millions of our constituents will receive States, you would have to retire with who are public employees today who higher retirement benefits from their cur- at least $12,400 a year. This is again for have their own private retirement ac- rent public pensions than they would under a single individual. But you would not counts and are not in Social Security. Social Security. retire into poverty—providing safety Galveston County, TX, was one of So they said leave San Diego alone. and soundness. Again, they say this is those. They just entered in 1980, by the My question is, If Social Security is risky. This is not risky. We have simi- way, because an administrator found a so much better, why don’t the residents lar rules that apply to IRAs, and they loophole in the law. Of course, that was of San Diego, or the workers, get to would apply to the PRAs. A Federal closed after Galveston County got out. enjoy that? But if private retirement Personal Retirement Investment

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4247 Board, an independent agency, will oric and scare tactics and look at the ator SANTORUM came to the floor to oversee the PRAs. Investment compa- numbers. I hope we can continue this praise Governor Bush’s Social Security nies that manage it would have to have debate because this is a very important plan. I come here to express my deep an insurance plan to have survivors part of America’s future. alarm over this plan and to place into benefits, disability benefits, and also a I yield the floor. the RECORD the reasons I believe it is floor that says you would never get The PRESIDING OFFICER (Mr. very dangerous to the future of this less than 2.5 percent of your invest- CRAPO). The time of the Senator has country, to our senior citizens, and to ment that year. By the way, you expired. The Senator from Maine. those who really depend on Social Se- choose the company with which you Ms. COLLINS. Mr. President, I ask curity for themselves or for their aging want to put your money. If it is better unanimous consent that I be permitted parents. somewhere else, you can move your to proceed under the time reserved for I think the first question to ask is, money. the Senator from Wyoming, Mr. THOM- What is Social Security? Why is it Chile has 16 companies that do this AS. called security? with a population of under 20 million The PRESIDING OFFICER. Without I used to be a stockbroker. I can tell people. In our country, we would prob- objection, it is so ordered. you that I have seen the smiles when ably have 100 firms. Just look at the Ms. COLLINS. I thank the Chair. the market goes up, and I have seen numbers of mutual funds you can (The remarks of Ms. COLLINS per- the tears when the market goes down. choose from today. taining to the introduction of S. 2605 At the time I was a broker, there was You also decide when to retire. This are located in today’s RECORD under a very traumatic period in our history. is an important part. Under the cur- ‘‘Statements on Introduced Bills and It was the tragic assassination of our rent system, the Government tells you Joint Resolutions.’’) great President John Kennedy. I will how much you are going to pay into Ms. COLLINS. I yield the floor. never forget, the market was just the system; the Government tells you The PRESIDING OFFICER. The Sen- crashing that day. It went down so when you are going to retire; you have ator from Pennsylvania. much that there was a halt in the trad- Mrs. BOXER. Point of order: Is the no choice, and the Government tells ing. Anyone who retired that day, and Democratic side supposed to take over you what you are going to get as a ben- had an annuity plan, would have been at 10:30? efit. They determine everything. You in the deepest trouble. The PRESIDING OFFICER. At 10:30, have nothing to say about it. You are I believe in investments in the stock that is correct. There remains about 3 being led along like sheep into this sys- market. I believe in investments in the minutes. tem. bond market. I think it is very impor- Ours says when you reach this 150 f tant that we let our people know So- percent of poverty, if you can buy an PERSONAL RETIREMENT cial Security is not meant to be your annuity that will pay you the rest of ACCOUNTS full retirement. What it is meant to your life at that, you can stop paying Mr. SANTORUM. Mr. President, I be—and what it has worked so well as— into the system. You can retire at that wish to briefly continue the discussion is a basic foundation, a safety net, not time. I don’t care if you are 40 years started by Senator GRAMS from Min- guesswork but a basic return you can old. Once you have met that require- nesota. I commend him for his fine expect every month with a check you ment, you can get out of this system. work on the issue of Social Security will get which will meet your basic You will no longer be considered a and moving forward on personal retire- needs. ward of the State; you will have ment accounts. Let me describe it this way: You enough to provide for your retirement. I also commend Gov. George W. Bush have a house. It is very modest, but it Some choices: In divorce cases, PRAs for his bold and, I think, prescient deci- is good. It has a roof. It protects you. are treated as community property. sion to move forward on the issue of It is a place where you can be com- Upon death, a PRA benefit will go to personal retirement accounts for So- fortable, warm. It works for you. the heirs without estate taxes. cial Security. This is the kind of lead- Maybe you want to add a room to Think, if you had that $1.4 million in ership this country is looking for, that house. That is wonderful. That is your account when you die—not like someone who is going to tell the truth an amenity. That is something addi- my father who got $253, but whatever to the country, let them know what tional you could use—a family room, you had accumulated in your account, the decisions to be made are with the an extra bedroom. But you do not mess up to $1.4 million or more, that would most important social program in this with the foundation of the house. You be your money that would go to your country, Social Security. keep that a solid house—that Social heirs without estate taxes, without The Governor laid out very clearly Security. Anyone who challenges this capital gains. Workers could arrange the options before us: We can either idea is making a huge mistake. I will PRAs for nonworking children. They raise taxes, we can cut benefits, or one explain why. could put $1,000 in their account, and can invest some of the current Social You do not have to go that far to when they reached the age of 65, it Security revenue stream into stocks look at the ultimate result if we just would be $250,000. and bonds. He came out and said: I am said: People can just have individual There will be no new taxes for this for investment. That is the way we are accounts and forget Social Security. system. Retirement income would be going to solve this problem and create Because we know that happened in there for everybody, whether you opportunities for every working Amer- Texas. I will show you what happened stayed within Social Security or chose ican, with every working American in Texas when three counties left So- to build a personal retirement account. sharing a piece of the American dream, cial Security and went into the market In Minnesota, workers can decide when the free spirit of America. and said to their people: We will allow to retire and which options work best I commend him for that, thank him you to deal with your accounts. This for them. With PRA, average returns for his leadership, and look forward to isn’t theoretical; it has actually hap- would be at least three to five times talking about this issue over the next pened in Texas. Let me tell you about better. several months to move this issue for- the Texas example where every single This is the system. I hope when we ward for America. family lost out. continue these debates, and when peo- The PRESIDING OFFICER. The Sen- It was the same idea Governor Bush ple hear these scare tactics, remember, ator’s time has expired. has. He started off talking about 2 per- that is all they are, rhetoric and scare All the time of the Senator from Wy- cent of your Social Security being di- tactics. We can develop a system that oming has expired. verted. As I understand it, last week he will be safe, sound, and will preserve The Senator from California. said he could foresee a time when ev- better retirement benefits than we f erybody has private accounts—100 per- have today. cent. We know what happened in this We should have that chance for our SOCIAL SECURITY experiment. The source here is the U.S. children, just as other countries. When Mrs. BOXER. Mr. President, it is in- General Accounting Office, February hearing this debate, set aside the rhet- teresting that Senator GRAMS and Sen- 1999.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4248 CONGRESSIONAL RECORD — SENATE May 23, 2000 They did a study of the Texas experi- Republican Jack Kemp. This is what Social Security is right on target. I ment. This is what happened. Those John Mueller said: think encouraging people to save and counties went off Social Security, in- . . . the largest group of losers from put money into the stock market and stead of saying: We will have a supple- ‘‘privatizing’’ Social Security would be have a nest egg there is good because I mental plan, like a 401(k). Keep your women. This is true for women in all birth- believe that is a good idea. But don’t Social Security. Let’s do a supple- years, all kinds of marital status, all kinds mess with Social Security. If you want mental plan. of labor-market behavior, and all income to have a supplemental plan, your By the way, around here, a lot of us levels. basic Social Security plus a 401(k), a have a supplemental plan. We have our Why does he say this? We went into thrift savings plan, and IRA, added on basic Social Security, and then we this in the press conference we women to the basic safety net, that is just have what we call thrift savings, which Senators held. I want to try to find fine. I believe in that. I think it is is added on. That is fine. But we do not that clip so I can share with you why it smart and good. But if you mess with mess with Social Security. is a fact that women will suffer. the foundation, you are in a lot of trou- These counties messed with Social First of all, there is no question that ble. Security. They walked away. This is private accounts will lead to the reduc- Senator SCHUMER was talking about what happened: The bottom 10 percent tion of benefits. Why do I say that? I this earlier today. He made the point of earners, had they stayed in Social want to make sure people understand that he is saving for his kids’ college Security, would be getting a monthly that, because when you divert money education. He decided he needed to benefit of $1,125. But in their retire- away from Social Security into private have that money, no ifs, ands, or buts. ment plan—where they just said forget accounts, what happens? The Social He took that money and put it into the Social Security, we will have an indi- Security fund drops, and we do not safest Government bond-type of invest- vidual account—they are getting $542 a have enough money to keep paying ment because he can’t gamble. What month. That is utter poverty. If they those benefits. So benefits would have happens if on the day he has to start are in the median, the moderate in- to be cut. Women live longer, and they paying those bills the market goes come, instead of getting $1,488 a month count on those benefits, so they would down? We have seen the volatility of from Social Security, they are getting lose more; they would suffer more. these markets. He says: My kids have $810 a month. If they are in the highest Now, here is an irrefutable fact, and to go to college. I am not going to tell income, instead of getting $1,984 a the group that analyzed this was the them they can’t go. So, yes, for other month, they are getting $1,621 a month. Center on Budget and Policy Priorities. types of savings; it is a good idea to in- So when Senator SANTORUM and Sen- With just a 2-percent privatization—in vest in markets; but for your basic re- ator GRAMS come to the floor—I say to other words, taking 2 percent of your tirement, don’t gamble as they did in my friend from Illinois, they have been taxes and putting it into an individual Texas. Don’t gamble as the candidate lauding the Bush plan—I think we have account—the trust fund will go broke for President, George Bush, wants to to note that if you took the Bush plan in the year 2023. That may sound like a do. There are a number of us who are to its ultimate, which he in fact said he long way off, but trust me when I tell sending a letter—and I hope Senator could foresee, abandoning Social Secu- you it is not; 20 years is not a lot of DURBIN will describe it—to Governor rity for individual accounts, every fam- time. I remember back to 1980, and it Bush asking him to come clean on the ily lost, regardless of their income doesn’t seem that long ago. Twenty details of his plan. bracket. years from now, with the 2-percent pri- I ask unanimous consent to have this I do not want to see this for Amer- vatization that George Bush is calling document on solvency printed in the ica’s families. I do not want to see it. for, assuming he does nothing to cut RECORD. I ask the next question: What happens the benefits—and he won’t admit to There being no objection, the mate- if we go this route, and people are liv- that—the trust fund goes broke. rial was ordered to be printed in the ing in poverty instead of having a so- Right now, without doing anything, RECORD, as follows: cial safety net because of this? Do you the trust fund is solvent until 2037, so PRIVATIZING SOCIAL SECURITY: A RIVERBOAT GAMBLE think Congress would turn its back on we make this trust fund go broke by many years. That is 14 years sooner Social Security Trust Fund Solvent Until: the families of America? You know we 2037. would not. What would we do? We that the trust fund is broke. AL GORE With 2% Privatization, Trust Fund Solvent would say: Oh, my God, we had better has a plan to take the interest pay- Until: 2023. bail them out. We have done it before ments on the debt he is going to save (Source: Center on Budget and Policy Pri- for the savings and loans. We do not because he is much more conservative orities.) want to see people go destitute. than George Bush in paying down the Mrs. BOXER. Mr. President, his plan Then you have to ask yourself a private debt, which is the bonds. He is will take us into the red. Combined question: If George Bush is President going to absolutely make sure we don’t with his risky tax scheme, he won’t be and he gets this huge tax cut for the have to keep issuing more bonds and able to bail out the people. So it is a wealthy but has used up all the money we will pay down that debt. His plan dangerous idea. Stock market invest- for that tax cut, where is he going to keeps the funds solvent until 2050. ments are good, but not as a founda- find the money to do this bailout? Are So let’s take a look at the three sce- tion of an insurance plan, which is we going to go back to the days of narios. If you do nothing, the fund is what Social Security is. printing money? We just finally got solvent until 2037. If you follow the You will be hearing a lot more from out of that situation—thank God— Gore plan, the fund is solvent until the women Senators on our side of the where we were running these deficits; 2050. If you do the Bush plan and you aisle on this question because, under we finally got it under control. don’t cut benefits or raise taxes—which the leadership of Senator MIKULSKI, we Let me tell you, this election is a wa- he will not tell us what he is going to have set up a checklist where we are tershed election. This is a risky plan. do—you go bust in 2023. This is from a going to judge every plan against this The women Democratic Senators conservative. We know if you carry checklist that women should be able to held a press conference just a few days this plan to the ultimate extreme and count on. We should be able to count ago. We decided to look at what this go beyond 2 percent, you essentially on several things: Preserving the So- plan would do to women in our Nation. know, from looking at what has hap- cial Security guaranteed lifetime infla- We went to the experts and asked them pened before, people will suffer. You tion and protecting the benefit; pre- how they felt about it. This is what one set up a real problem and you may serving Social Security protections to of them said. I want to put his creden- have to do an S&L-type bailout. That workers when they are disabled, as well tials into the mix. This is John is not good. as when they retire, and for workers, Mueller, of Lehrman Bell Mueller Can- So the women Democratic Members spouses, and children, and when work- non, Inc., a former adviser not to AL are very clear on all of this. Let me ers are disabled, retired or die; three, GORE, not to BARBARA BOXER, not to say, in closing—and I know my friend, protect against impoverishment of DICK DURBIN, but an adviser to Rep- Senator DURBIN, is anxious to address women by maintaining Social Secu- resentative Jack Kemp, an adviser to this issue—I think a robust debate over rity’s progressive benefit structure;

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4249 four, strengthen the financing of the As Frank closes this chapter of his licans—start talking about changing Social Security system while ensuring career, I know he looks forward to new Social Security, a lot of American fam- that women and other economically adventures and more time to spend ilies start listening—not only those disadvantaged groups are protected to with his grandkids. Frank has many who are receiving it but many who are the greatest degree possible. more years of ideas and ambitions near retirement. Certainly, a lot of Look at that plan. Does it further re- ahead of him. While I am saddened by younger workers ask very important duce poverty among older women? I his departure from the Capitol, I’m questions, such as: Will it ever be there told you that his plan does not. We cer- convinced that no one will enjoy a when I need it? I think for the last tainly want to see if it includes retire- busier retirement than Frank Aukofer. three or four decades in America that ment savings options. Are these op- I wish him well, I wish him continued question from younger workers has tions something that will work for good health, and I will miss him. been very common. It is natural to be women? That is where we are. The PRESIDING OFFICER. The Sen- skeptical—when you are 20 years old or I will close by repeating a quote from ator from Illinois is recognized. 25 years old—that the money you are an expert, John Mueller, a former ad- Mr. DURBIN. Mr. President, I ask the putting into the payroll tax for Social viser to Representative Jack Kemp, Chair to advise me of the time remain- Security will ever help you. who said: ing on the Democratic side? Yet if you take a look at the record The PRESIDING OFFICER. The The largest group of losers from in America, Social Security has always ‘‘privatizing’’ Social Security would be Democratic side has until 11:30 a.m. been there. Payments have always been women. This is true for women in all birth- f made. We have kept up with the cost- years, all kinds of marital status, all kinds SOCIAL SECURITY of-living adjustments to try to improve of labor-market behavior, and all income Mr. DURBIN. Thank you. I come to and increase those payments over the levels. years. But we have kept our promise. A If you look at this experiment in the floor this morning to talk about an issue which is dominating the Presi- program created almost 70 years ago Texas, everyone lost—all families, has been an insurance policy for every women, everyone. Let’s not go down dential race across the United States. It is the issue about the future of So- American family. this path. We can’t afford to do that. There are warnings, of course, for cial Security. f It is interesting when you ask Ameri- people: Do not count on Social Secu- TRIBUTE TO FRANK AUKOFER cans how important it is. As an issue in rity for a living because it is a very this Presidential campaign, 71 percent spartan existence. It doesn’t provide a Mr. KOHL. Mr. President, I rise lavish lifestyle once you have retired. today in recognition of 40 years of out- of Americans say it is very important. It is understandable, because, at least But you are not going to starve. You standing reporting by my friend, Frank are going to have some basic health Aukofer, who is retiring from the Mil- since the era of the New Deal and Franklin Roosevelt, Social Security and necessities of life. Americans have waukee Journal Sentinel next week. has really been there as an insurance built this into their thinking about With his retirement, the Capitol loses policy against the devastating impact their future. What will happen to us at one of its finest journalists and Wis- of age and retirement of people before the age of 65? We would like to think consin loses one of its keenest eyes on its creation. we are prepared with savings and re- Washington. I lose a reporter I admire There was a time in America before tirement, but we always know that we and trust. Social Security when, if you were have worked for a sufficient number of Frank is regarded as among the best lucky enough to have saved some quarters for our lives so that we will in his profession, by both his peers and money, or if you were among the fortu- qualify for Social Security. by those he covers. He is respected as a nate few with a pension, retirement It is interesting. In the year 2000, in straight-shooter, valued for his integ- was kind of an easy experience. But for this Presidential campaign, there is a rity and admired as an honorable man. the vast majority of Americans who brand new debate, and the debate sug- As a journalist, he has reported on vir- didn’t have that good fortune, retire- gests that we ought to take a brand tually every event of consequence in ment was a very troubling and dan- new look at Social Security. On one our country over more than three dec- gerous experience. side, George Bush has suggested we ades. He has an impressive working It is no surprise that before Franklin ought to change it rather dramatically; knowledge of Congress, of policy, and Roosevelt conceived of the notion of that we ought to take at least 2 per- of politics. Frank is usually three steps creating Social Security, one of the cent of the payroll savings taxes that ahead of the story. highest ranking groups of poor people are taken out for Social Security and He is a journalist who didn’t lose in America was parents and grand- put that into a private account in sight of the responsibilities of report- parents who were elderly. In his era, which individuals can invest. ing, a professional who is a credit to President Franklin Roosevelt changed There is some appeal to that because his occupation. the thinking in America to say: we are a lot of people say maybe that will be Frank’s love of his profession is evi- going to create, basically, a safety net a better idea—maybe I can make more dent in his long reach beyond the news- to say to everyone, if you will give the money by investing it personally and paper. He will be honored later this Social Security fund some money as directing my investments than if the month by the Freedom Forum, a foun- you work during the course of your em- Federal Government buys a very con- dation dedicated to free press and free ployment, we will put that aside and servative investment plan with the speech throughout the world. He is rec- guarantee to you that there will be a whole Social Security trust fund. It is ognized as a national expert on the safety net waiting for you; that you not uncommon to think that people media, and has testified before Con- will have a nest egg; that the Federal across America are feeling good about gress to promote access to government Government will be watching; and it directing their own future. information. He was a visiting pro- will be there. I say at the outset that—I think I fessor at Vanderbilt University. He was Over the years, of course, because of speak for everyone in the Senate, both an early and strong supporter of the medical science and other things, we Democrat and Republican—we believe Newseum, our country’s premier news have gotten to the point where we live in encouraging people to save for their museum. longer and more and more people are future. We believe in giving them op- Frank is also an active member and taking advantage of Social Security. tions for investment. That is why we former President of the National Press Over the years, the amount of payroll have created IRAs and 401(k)s, and all Club, and an enthusiastic, if not par- tax for Social Security went up so you sorts of vehicles under the Tax Code so ticularly gifted, performer for the could take care of those senior citizens. people can make plans for their future. Gridiron Club. Earning the envy of his But Social Security in America, for 70 But George Bush raises a more impor- colleagues and sports car enthusiasts years, has been that basic insurance tant question, and one that I would everywhere, Frank has even managed policy. like to address for a few minutes. to peddle a legitimate weekly auto col- When political leaders of either polit- What would happen if George Bush umn to newspapers around the country. ical party—Democrats or Repub- had his way? If we took 2 percent of the

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4250 CONGRESSIONAL RECORD — SENATE May 23, 2000 proceeds going into the Social Security now—payroll taxes and income taxes— As I said earlier, for those who want trust fund and said they will no longer to the tune of $1 billion a day for inter- to invest their savings, that is their go into the trust fund but people will est payments on old debt. business. When it comes to Social Se- be allowed to invest them individually, If you think about it, what is a better curity, we have always said this is a what impact would that have? Frank- gift to our children and their children part of our system that should be pro- ly, it could have a very serious and, I than to reduce this debt, and to say to tected. If we go forward with George think, a very negative impact. them that we are going to take care of Bush’s plan to privatize Social Secu- Keep in mind that the money being our mortgage, the one that we were rity, it would truly give to individuals taken out of the payroll taxes each going to leave to you, by paying down some power to invest. However, it also week in America goes to pay the cur- the national debt? That is Vice Presi- raises questions about the future of rent benefits of Social Security retir- dent GORE’s suggestion. He says, in the this Social Security system. Where ees. There is not some huge savings ac- Social Security program, pay down the will we come up with the $1 trillion in count that is blossoming. But basically debt in the trust funds. Pay down all of transition payments? we are talking about a pay-as-you-go the bonds that have accumulated. There are only so many ways to system. If you take 2 percent away, When you do it, incidentally, you can achieve that: We can tax Social Secu- you are still going to have the retirees extend the life of Social Security and rity to come up with more revenue; we needing their Social Security check. make it stronger to the year 2050. It is can reduce benefits, for those who are You are going to have to figure out a twofer—reducing the national debt currently receiving Social Security; or some way to plug this gap. and reducing the interest payment on we can raise the retirement age under If you say that 2 percent of payroll it, and at the same time strengthening Social Security. taxes will stop going into the Social Social Security. That is the Gore ap- Frankly, I reject all three of those. I Security trust fund, who will make up proach. It a conservative approach. I don’t think America’s families who are the difference? How big is that dif- will concede that. But I think it is the looking forward to enjoying their re- ference? Some estimate that the dif- fiscally responsible approach. tirement years and counting on Social ference is $1 trillion. If you think about On the other side, George Bush has Security will sign up for George Bush’s that, you have to ask George Bush and said don’t worry about paying down deal when they understand it could others who support this: Where is that debt; Let’s talk about a tax cut of $2 jeopardize Social Security as we know money coming from? How will we make trillion for wealthy people, and let’s it and as we count on it. That is truly talk about a new Social Security pri- up the difference if we start saying to one of the serious problems we face. people they don’t have to put it all in vatization idea that will cost at least Second, if we accept the George Bush $1 trillion in transition. That is not the trust fund, keep 2 percent and in- approach on privatizing Social Secu- conservative, nor do I think it is pru- vest it personally? That $1 trillion rity, we don’t have the money that dent. I think you can appropriately transition has to be taken in the con- Vice President GORE wants to invest in call it a risky idea. text of George Bush’s other suggestion paying off the national debt and paying I joined with Senator BYRON DORGAN of a $2 trillion tax cut primarily for the off the debt of the Social Security of North Dakota and Senator CHARLES wealthiest people in America. trust fund. So we leave that interest SCHUMER of New York and my friend I will concede that we are in good payment out there for future genera- and colleague Senator BOXER of Cali- times in America for most families. fornia in sending a letter to George tions. We don’t stabilize Social Secu- The economy is strong. For the first Bush saying to him: If you want to talk rity. We don’t give it a longer life. A point made earlier by my colleague time in decades, we are seeing sur- about one of the most important pro- from the State of California, Senator pluses in the Federal accounts. You grams to America’s families, Social Se- BOXER: What if George Bush guesses can attribute that to leadership in curity, and you want to talk about dra- Washington, leadership in business, matic changes in Social Security, then wrong? What if people invest some part and leadership in families. It has all we want you to come forward with an of their Social Security into the stock come together in the last 8 years. idea about what this means. What im- market and the market goes down and America is moving forward. We are in a pact will this have on families? they are losing money? What will the surplus situation. Who would have We are anxious to receive a reply be- response be of the elected officials thought we would be talking about this cause, you see, George Bush, in the last across this country? We don’t know be- on the floor of Congress just a few few weeks, has gone beyond the 2-per- cause we have never faced it. years after we debated a balanced cent suggestion—that we can take 2 History tells us it is likely that budget amendment? percent and invest it in the stock mar- Democrats and Republicans will say: But many of us believe that even in ket—and now he says he can envision a Wait a minute; we cannot let a sizable a surplus situation we should be cau- day when we invest all of our Social number of Americans fail. People can- tious because we are not certain what Security in the stock market. not be in a position where they don’t is going to be around the bend. We I readily concede that over the last 8 have enough money to live on in retire- want to make certain that the deci- years, during President Clinton’s ad- ment. sions we make now about investing ministration, the stock market has We are then likely, on a political surplus funds makes sense for our- done very well. It doesn’t from day-to- basis, to ride to the rescue. Anyone re- selves, for our children, and for our day for those who follow it, but over member not too long ago we did that grandchildren. the long term it has. The Dow Jones with the savings and loan bailout? Too To come up with an idea for taking Industrial Average of 3,000 back in 1993 many institutions had lost money this surplus and putting it into a mas- is now up to 10,000. That suggests a lot across America, and a lot of people lost sive tax cut for wealthy people or put- of wealth has been created in America. their savings accounts. We bailed out ting it into a Social Security change Those that were smart enough, and the savings and loans. I didn’t like vot- that could cost us another trillion dol- could, invested in the stock market ing for that, but I didn’t see any alter- lars, in my mind, is not fiscally con- and have seen their savings grow. native. The economy was at stake and servative. Yes. That is right—fiscally It is naive to believe this will go on we did it. conservative. indefinitely. We have certainly seen in I happen to believe if the Bush pri- The conservative approach being pro- the last 6 months the roller coaster of vatization scheme goes through and it posed by President Clinton and Vice the NASDAQ and the roller coaster of doesn’t work, this Congress will be President GORE says take the surplus the New York Stock Exchange, to sug- called on to come up with the money to and instead of putting it into some- gest there have been good days and bad bail out the families who guessed thing of great risk, such as a tax cut or days. To take your life savings, or take wrong in the stock market. Think some privatization of Social Security, 2 percent of your payroll tax and Social about where this leads. From the dark let us buy down parts of the national Security, and put it in the stock ex- days of deep red ink and deficits, we debt. The national debt costs taxpayers change, you understand there are risks. are now in a surplus. George Bush is in America $1 billion a day in interest. I think most Americans appreciate saying let’s try something that is a lit- That is right. You are paying taxes that fact. tle new and a little innovative and

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4251 hasn’t been tried. He is suggesting in our life is privatization. We have our ‘‘No, you have to wait a few more changes which could jeopardize the own accounts, whether they are sav- years.’’ strength of this economy, the strength ings accounts, or we own bonds, and we ‘‘Why?’’ of our recovery, and what we envision direct them. However, Social Security ‘‘We wanted to try a new approach to as a strong American economy for dec- is a little bit different. It is the founda- Social Security.’’ ades to come. He is taking what I con- tion. The Senator from California is right. sider to be a leap of faith that some The Houston Chronicle reported that When George Bush says—and this is a scheme which someone has come up Bush said on Tuesday, his plan to cre- quote from the Houston Chronicle— with will work. ate private savings accounts could be ‘‘creating private savings accounts in Vice President GORE is urging a more the first step toward a complete privat- Social Security could be the first step conservative approach: Put the surplus ization of Social Security. That would toward a complete privatization of So- into bringing down the substantial be the end of a program that has cial Security,’’ that is a frightening debt, into strengthening the Social Se- worked for 70 years. There is more at idea. Let me explain to you why. curity trust fund; put the surplus into stake than a 2-percent diversion of If we ever privatize Social Security, making certain that Medicare is there funds. we will still have millions of Ameri- for years to come; reduce the national Finally, the New York Times reports, cans who worked their whole lives, debt so our children and their children when answering the question about his paid their taxes, obeyed the laws, and don’t continue to pay $1 billion in in- plan, Mr. Bush said the Government counted on Social Security, who need terest a day on old debt that we have could not go from one regime to an- to receive their benefits. If you are accumulated. other overnight. It is going to take a going to have that requirement out That is the fundamental choice. It is while to transition to a system where there, you have to figure out a way to not a question of whether people personal savings accounts are the pre- keep Social Security moving while should have the right to invest their dominant part of the investment vehi- George Bush creates a brand new sys- cle. When he is asked by the Dallas savings in the stock market—that is tem, his new idea, whatever it is. That Morning News, would beneficiaries re- their right in America; 50 percent of is a massive investment. When we talk ceive less money, he says: Maybe; families are doing that now. Our family about keeping America’s economy maybe not. moving forward, not increasing our def- is one of them—but whether or not you I ask my friend for his comments on take the Social Security system, and icit, creating more surpluses, keeping the volatility of the stock market ex- job creation online and businesses after 70 years, turn it upside down and pressed by Bush’s own top economic thriving, I think this is a risky venture say we are now going to make this a adviser, the fact that this could be the by George Bush when it comes to So- much different system. first step toward the end of Social Se- In the words of George Bush: We will cial Security. curity, and the fact that George Bush Frankly, I think the American people privatize Social Security. I think there cannot answer today whether anyone should ask of George Bush what several is a great amount of risk to that. I can would have to take a cut in your bene- Members of the Senate have asked: Sit understand the skepticism of a lot of fits. American families about this proposal. Mr. DURBIN. I thank the Senator down and explain this to us; put it on Mrs. BOXER. Will the Senator yield from California. Quoting George Bush paper. Before you start messing with for a couple of questions? on this issue tells me more than any- Social Security, explain to us what you Mr. DURBIN. I am happy to yield to thing else that he has not thought this have in mind because a lot of us—a lot the Senator. through. In the 18 years I have served of families across America—are count- Mrs. BOXER. I thank my colleague. on Capitol Hill, when the issue of So- ing on this system. Once again, he has explained quite cial Security has come up, I have had a Mrs. BOXER. If my friend will yield clearly what the risks are to this Bush tendency to step back and wait. I want further, I understand Senator GRAMS plan. to hear both sides. came down and quoted me as saying I I was reading some of the quotes that This is complicated. We are literally like the idea of people investing in the appeared in the press surrounding the talking about a Social Security system market. I do. But not taking it away Bush plan. I ask my colleague to com- that benefits tens of millions of Ameri- from the foundation of Social Security. ment on some of them. cans today and that many more Ameri- Social Security is that foundation. As Bush’s top economic adviser, Law- cans are counting on for the future. my friend pointed out, this is really se- rence Lindsey, acknowledged some- When people start talking about rious. what sheepishly he bailed out of the change in Social Security, I am very Since Governor Bush is now saying market years ago. He said: That was cautious. I think the people of Illinois he envisions the day when we don’t because of my personal situation. I who have sent me here expect me to be have any more Social Security, when it don’t take risks. I hate losing money. cautious. would all be private accounts—that is That was from the Philadelphia In- I recall when the Senator from Cali- not Social Security. He is right to quirer: I don’t take risks; I hate losing fornia and I were serving in the House point out: What happens to those of us money. of Representatives many years ago who have worked our 40 quarters? I think that reflects certain people when there was a debate on the floor There would be nothing going into the are more conservative. Others are will- about the so-called ‘‘pickled-pepper’’ Social Security fund to pay those bene- ing to take a risk. amendment. Jake Pickle of Texas and fits. What does that mean? We are not The point my colleague and I have Claude Pepper of Florida had a fight going to let those people go poor; ev- tried to make is that we think it is fine over the future of Social Security and eryone knows that. The pressure will if you want to take a risk with certain whether to raise the retirement age be on us. We will bail out the system. accounts you have, but you don’t want from 65 to 67. I voted against that. I If you take it a step further and look to risk the foundation of your retire- really think the retirement age is an at his $2 trillion tax cut, where is he ment, the safety net of your retire- important milestone in people’s lives, going to get the money? He will print ment. You want to count on that. particularly if they have jobs involving it. We will go back to those days his fa- Bush’s top economic adviser is saying manual labor and physical work. So ther oversaw, with $300 billion deficits he hates losing money, and yet the per- when people start talking about chang- which added to the national debt. As son he advises is essentially putting ing Social Security—‘‘We will change a my friend well knows, we had more money at risk for other people. little bit here and a little bit there’’— debt in the Reagan-Bush years than we I want to mention something else. I am very skeptical because I don’t had from George Washington to Ronald The word ‘‘privatization’’ is a good want to see us put in a position where Reagan. word. I like it. It is similar to the word someone’s great campaign promise in We do not want to go back to those ‘‘deregulation.’’ It is a nice word. Ev- the year 2000 means someone trying to days. We don’t want to go back to erybody likes ‘‘privatization.’’ It is a retire in just a few years from now those days when our President had to nice word that indicates individual finds out that the window is closed at go visit another country to find out control. Of course, much of what we do Social Security: how to run the economy. Those were

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4252 CONGRESSIONAL RECORD — SENATE May 23, 2000 bad days for this Nation—bad, bad were faulted for being fiscally irrespon- the Clinton-Gore administration, we days. It took us a long time to get out sible, too liberal when it came to tax have started bringing down this debt of it. A lot of people lost their seats and spend. In this debate over the fu- and the economy has flourished for around here because they had the cour- ture of Social Security, the fiscally most people. There are exceptions: In age to vote to balance this budget. It conservative and, I think, from my the farm belt, exceptions in the inner did not take courage to vote for a bal- point of view, the prudent approach is city, exceptions in small towns. But by anced budget amendment to the Con- being pushed on the Democratic side. and large, most people believe America stitution. It did take courage, however, That is, make certain before we take is moving in the right direction. to vote to actually balance the budget. the surplus economy for granted, and Along comes a Presidential cam- It meant some tough stuff. make certain before we talk about any paign. Really, this is a referendum on I want to ask my friend, we have a changes for Social Security, that we our future. I am not going to question colleague on this side of the aisle who have thought them through. the motives of George Bush on the Re- says: Yes, we ought to go into Here we are in the middle of the publican side, and I hope he would not privatizing Social Security. But he is Presidential campaign, with George question the motives of Vice President one of the most courageous and Bush, the Republican candidate, sug- GORE. gesting sweeping changes in Social Se- straightforward colleagues, Senator The American people basically have curity, changes which could literally BOB KERREY. What does he say about a crucial choice this November. In a affect millions of American families. it? He says if you are going to go that time of prosperity, what should Amer- route, this is what you have to do: The concept that we would somehow privatize Social Security would have ica’s future look like? What should we Raise the retirement age. be doing for the young people across My friend has already pointed out we been laughable not that many years ago. Now it is being said with a America to say to them: We want to have raised it to 67 over time. What is create at least as good an opportunity it going to be, 75? People will die long straight face during the course of this Presidential campaign. Unfortunately, for you as we have had in this country. before they get their checks or they Frankly, the Democratic approach, will be too old to really appreciate it. the candidate, George Bush, who is Vice President GORE’s approach, is the We don’t want to see that happen, rais- making these statements, refuses to come forward and explain how he sensible one. It basically says: Don’t ing the retirement age after people assume prosperity forever; pay down worked so hard, and then make them would achieve it. I think it is natural for those of us on the debt so we don’t have to collect work longer, or raise taxes on the So- the other side, those supporting Vice more in taxes to pay interest on this cial Security that you get, or on your President GORE, to ask of him to be debt. Reduce the debt of the Social Se- interest from these personal accounts. specific. If you are going to start talk- curity program so that it will be Raise taxes, raise their retirement age, ing about Social Security, start telling stronger for a long period of time. lower benefits—you have to do a com- us in specific terms how you are going In fact, under Vice President GORE’s bination of those things. to change it and what it is going to proposal, for another 50 years, it will I have to say, there are a lot of cost us. be solvent, so we can even say to those things we do around here that are not I think the plan on the other side, who are just getting their driver’s li- very good. But would my friend not from Vice President GORE, is a conserv- cense this year: Social Security is agree we have a good system here that ative, sensible approach that does not going to be there when you show up at has lasted through time—70 years, as assume this economic boom which we the window 50 years from now. That is he points out? It is a basic retirement, have seen over the last 8 or 9 years will a good thing to say to the future of a basic safety net. continue indefinitely. What Vice Presi- One last point I would make for my America. dent GORE has said is take the surplus friend to comment on. Around here we Also, we are saying when it comes to we have coming into the Federal Gov- Medicare—this is a program often over- are like everybody else; we want to ernment and invest it back to pay off make sure we can take care of our fam- looked by this Congress; it is not over- the debt of our Nation. looked by tens of millions of elderly ilies. I think what we do around here is We in Illinois, I think, represent kind a good system. We have had Social Se- and disabled who count on Medicare for of a microcosm. I represent a micro- their health insurance—we believe we curity since the 1980s. We decided to cosm of this Nation—rural, urban, lib- make sure we paid in. We have Social should take part of this surplus and in- eral, conservative, and you name it— vest it in Medicare as well to make Security retirement as our basic foun- across our great State. When I go back dation, and then, if we want, we can sure it is stronger and is affordable. and talk to business leaders about This is the Gore approach. add a thrift savings plan. So, yes, we what to do with our surplus, they uni- The other side is a much different can pick out investing in the market— versally agree with Vice President view of our future. What George Bush or, by the way, Government bonds, or GORE’s position: Be prudent, be sen- has proposed for America’s future is corporate bonds—in addition to our So- sible, take the surplus and invest it in let’s try something new and untried. cial Security. such a way so if 6 months from now we First, let’s talk about a $2 billion tax That will be my last question to my are in a recession or a downturn, we cut, and it is a tax cut that is not tar- friend. We know it is good to not put will not regret decisions we have made. all your eggs in one basket, but we also Take a look at what has happened to geted to families who need it. It is a think it is important to have a basic us in just a short period of time. Be- tax cut that, frankly, goes to a lot of account, No. 1; No. 2, don’t go back to cause we have had fiscal discipline for people who are already wealthy. the bad old days of these yearly defi- the last several years, the Nation’s I am joined on the floor by my col- cits that were dragging our economy debt is already $1.7 trillion lower than league from New York, Senator SCHU- down. Yes, you want to add something it would have been. In other words, if MER. Senator SCHUMER has a proposal to sweeten your retirement pie, take a we had not made this decision a few most American families would applaud. little risk with it. We know some peo- years ago to balance the budget and to He has suggested targeting the tax cuts ple who have taken some risks and make certain that Social Security where they are really needed. One of didn’t do too well; others have done trust funds were not spent for other Senator SCHUMER’s proposals is to very well. That is fine. Don’t mess with reasons, we could be $1.7 trillion deeper allow families to deduct up to $10,000 a the foundation of the house. If you in debt, meaning we would have bond- year in college expenses for their chil- want to add a room, fix it up. That is holders in the United States and dren. That means about $2,800 in the great. But don’t mess with the founda- around the world asking every month bank for a lot of families to help pay tion. for their interest payment and being college education expenses. That is a Mr. DURBIN. I thank my friend, the paid with taxes coming out of families, smart investment. That is a targeted Senator from California. businesses, and individuals across tax cut that does not go to the wealthi- It is interesting in this debate how America. est in America but prepares the next the roles have been switched. It used to We are on the right track. I think we generation of Americans to compete in be not that long ago the Democrats in Washington got the message. Under a global economy.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4253 This election is coming down to: Do Tyler, 20 years old, New Orleans, LA; In remarks to the U.S. Chamber of you want the Bush tax cut for pri- Frederick Williams, 19 years old, De- Commerce on February 1, 2000, he said: marily wealthy people, and do you troit, MI; Jamal Williams, 18 years old, We’re going to work very hard on edu- want to target the tax cuts and invest Philadelphia, PA; unidentified female, cation. I have emphasized that every year I in paying down the debt? Do you want 12 years old, Chicago, IL; an unidenti- have been majority leader, and Republicans to keep Social Security strong for dec- fied male, 24 years old, Norfolk, VA; an are committed to doing that. ades to come, or try a privatization ap- unidentified male, 60 years old, Port- On February 3, in a speech to the Na- proach which Governor Bush proposes land, OR. tional Conference of State Legisla- which has never been tested and will I hope and pray the reading of these tures, he said: cost us a trillion dollars and runs the names importunes us to act. Would all We must reauthorize the Elementary and risk of more red ink, more deficits, and of these deaths be prevented with bet- Secondary Education Act. Education will be problems in the future? ter laws on the books? Maybe not. a high priority in this Congress. We are taking the Gore and Demo- Would some of them have been pre- Congress Daily, on April 20, said this: cratic side, fiscally prudent approach vented with better laws on the books? Lott said last week that his top priorities which says: Let’s look to the future in Most likely. But even if there is a in May include an agriculture sanctions bill, real uncertain terms. chance that one of the lives I have ESEA reauthorization, and passage of four I know we only have until 11:30 for mentioned might be living, breathing, appropriations bills. morning business. My colleague from living under God’s sunshine on this May 1: New York is here. I yield the floor to Earth, being the kind of person we can This is very important legislation. I hope Senator SCHUMER. all be just by the gift of life, then there we can debate it seriously and have amend- The PRESIDING OFFICER. The is no reason not to act. ments in the education area. Let’s talk edu- Chair recognizes the Senator from New I hope the understanding that every cation. York. day, every year, there are names such On May 2, I asked Senator LOTT: Mr. SCHUMER. I thank the Chair. as these from every part of this coun- On ESEA, have you scheduled a cloture Mr. President, I also thank the Senator try who are killed by gun violence will vote on that? Senator Lott said: from Illinois for his, once again, enthu- finally move this body to act. No, I have not.... But education is No. 1 siastic, as well as erudite, presentation I yield the floor. in the minds of the American people all on our fiscal policy and on Social Secu- The PRESIDING OFFICER. The across the country, in every State, including rity. Maybe after I finish what I have Chair recognizes the Senator from Mas- my own State. For us to have a good, healthy, and even a protracted debate and to say I will say a few words on that. I sachusetts. Mr. KENNEDY. Mr. President, I ask amendments on education I think is the way do not know the time situation. unanimous consent to proceed for 5 to go. f minutes as in morning business. On May 9, at the time when the legis- GUN VIOLENCE The PRESIDING OFFICER. Without lation was pulled down, I asked the ma- Mr. SCHUMER. Mr. President, it has objection, it is so ordered. jority leader: been more than a year since the Col- f As I understand, we will have an oppor- umbine tragedy, but this Republican tunity to come back to ESEA next week. Is EDUCATION that the leader’s plan? Congress still refuses to act on sensible Mr. KENNEDY. Mr. President, I once gun legislation. Since Columbine, He said: again bring the attention of the Senate That is my hope and intent. thousands of Americans have been to the importance of completing action We are about to go out for a period of killed by gunfire. Until we act, Demo- on an issue that is of fundamental im- 10 days. We are reaching the end of crats in the Senate will read some of portance to families all across this May. We have no end in sight for the the names of those who lost their lives country, and that is the role of the completion of legislation dealing with to gun violence in the past year and Congress in addressing the elementary the Elementary and Secondary Edu- will continue to do so every day the and secondary education challenge cation Act. We have been prepared to Senate is in session. which exists across our Nation in enter into short time agreements on In the name of those who died, we which local communities and States the various proposals. I don’t know of a will continue this fight. Following are are taking action and in which the single amendment on this side on the names of some people who were Federal Government is also a partner. killed by gunfire 1 year ago today. Be- We have had a total of 6 days debate. which we could not enter into a time fore I read the names, these are names, Of the 6 days, 2 were debate only. We agreement of 1 hour equally divided. just letters in black and white, but were not permitted to have votes on 2 We put that forward and we have out- every one represents a life living and of those 6 days, so we had 4 days of de- lined in detail the various education breathing, loving and was loved. Every bate and votes. We had a total of 8 amendments that we had intended to one leaves a family and friends who amendments. One was a voice amend- offer. But we are not getting focus, at- will never be the same, as well as the ment. There were 7 rollcalls. Of the 7 tention, and priority on this legisla- tragedy for all of us that someone is rollcalls, 2 of those rollcalls were on tion. untimely taken from us: amendments we had indicated we were I don’t believe the American people Rodney Autry, 30 years old, Dallas, prepared to accept. Essentially, we want us to stonewall on the issue of TX; Aaron Baskin, 28 years old, Chi- have had 4 days of debate and 5 votes education. I don’t think they want the cago, IL; Shawn Blake, 24 years old, on this legislation. Senate gagged from having a full de- Detroit, MI; Eddie Espinosa, 17 years This is what our good Republican bate, discussion and action. We have old, Miami-Dade County, FL; Keith friends have indicated to us about the had other legislation, such as the bank- Gales, 19 years old, Pittsburgh, PA; priority of education. ruptcy bill, that went for 15 or 16 days Rodney J. Graham, 25 years old, Chi- In January 6, we have our majority of debate before completion. We can cago, IL; Gaberiel Herrea, 22 years old, leader saying: take the time that is necessary and Detroit, MI; Francisco Horta, 33 years Education is going to be a central issue also complete the work on the appro- old, Miami-Dade County, FL; Eddie this year. For starters, we must reauthorize priations bills. But we are serious JOHNSON, 17 years old, New Orleans, the Elementary and Secondary Education about bringing this matter to the floor. LA; Goodman Jones, 55 years old, Con- Act. That is important. We are going to raise it continuously. cord, NC; Brian Sentelle Hill, 20 years These are his remarks to the U.S. We want to take action. We think fam- old, Macon, GA; Harvey Meyers, 23 Conference of Mayors luncheon on Jan- ilies across this country know appro- years old, Philadelphia, PA; Tarvis E. uary 29: priations are important, but those ap- Miller, 25 years old, Chicago, IL; But education is going to have a lot of at- propriations are not going to actually Cleophis Ramsey, 41 years old, Miami- tention, and it’s not going to be just words. be expended until the fall. Families Dade County, FL; Jesus Rodriquez, 22 On June 22, he said: want to know, as we go on into this years old, Houston, TX; Luther Faye Education is No. 1 on the agenda of Repub- year, what we are going to do on edu- SMITH, 45 years old, Tulsa, OK; Thomas licans in the Congress this year. cation and education policy. We owe it

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4254 CONGRESSIONAL RECORD — SENATE May 23, 2000 to the families, and we have every in- banner ads they see on their screens In addition to it being too early in tention of pursuing it on this side of are necessary in order to try to keep the process for Congress to embark on the aisle. the Internet free. sweeping legislation, I believe there I yield the floor. What I don’t think people understand are still a number of fundamental ques- f is that, at least for now, the model for tions that we need to answer. The first Internet advertising is going to include is whether there is a difference between INTERNET PRIVACY ads that are narrowly targeted to par- privacy in the offline and online Mr. KERRY. Mr. President, last ticular customers. The jury is still out worlds. night, the FTC released its report on on whether a targeted model is going I think polls like that are the result Internet privacy. We are, all of us, in to work. Currently, the click-through of the failure, so far, of industry to the midst of an Internet revolution in rates—the average percentage of web take the necessary initiative to protect this country. It is extraordinary, when surfers who click on any single banner consumers’ privacy. But we should not we think about it, to take note of the ad have fallen below the 1-percent neglect to notice that industry is mak- fact that the Internet has only been in mark, compared with about 2 percent ing progress. When the Federal Trade existence about 6 or 7 years now. Dur- in 1998. Some see that as a sign that Commission testified before the Com- ing that time, it has had a profound the advertising model on the Internet merce Committee about this time last impact on everybody’s life, particu- has failed. Others say the percentages year, it cited studies showing that larly on business, and increasingly on are lower, but that is because more and roughly two-thirds of some of the busi- consumer opportunity. more ads are being placed. What it tells est Web sites had some form of disclo- I have tremendous respect for the me is that it is simply too soon for the sure of privacy policies. This year, the work the FTC has done on this issue. Congress of the United States to step FTC reports that 90 percent of sites Its monitoring of web sites and the in and prevent that model from run- have disclosure policies. Likewise, last convening of working groups have been ning its course. If, for the time being, year the FTC found that only 10 per- very helpful in educating all of us on a we allow or acknowledge that the econ- cent of sites implemented the four core very complicated new arena. The FTC omy of the Internet calls for targeted privacy principles of notice, choice, ac- plays an important role in oversight advertising, we must also recognize cess and security. This year the FTC and regulating our economy, and I that it won’t attract customers if they reports that figure at 20 percent. That think it is fair to say that its Commis- believe their privacy is being violated. is still not high enough, but this is a sioners have navigated admirably Finding the fine balance of permit- five-year-old industry. We’ve seen sig- through the complexity of the new ting enough free flow of information to nificant improvements without the economy. allow ads to work and protecting con- need for intrusive congressional inter- But—and here is the ‘‘but,’’ Mr. sumers’ privacy is going to be critical vention. It is simply too soon to write President—at this particular moment if the Internet is going to reach its full off a market driven approach to pri- in time, I very respectfully disagree potential. I believe that we in Congress vacy. with the regulatory approach to Inter- have a role to play in finding that bal- Most of us don’t think about it. But net privacy proposed by the FTC. Let ance, although we should tread very I want to make a point about the dis- me be clear. Yes, consumers have a le- lightly in doing so. tinction between the offline and online gitimate expectation of privacy on the In the past, I have argued that self- world. When you go to the supermarket Internet, and they will demand it, and regulation was the best answer for con- and you walk into any store and swish I personally want that right of privacy sumers and the high-tech industry your card through the checkout scan- protected. But I also believe that they itself in relation to privacy. I hope we ner, that scanner has a record of pre- want an Internet that is free and that can continue to focus on self-regula- cisely what you bought. In effect, gives them more choices rather than tion because Congress will, frankly, today in the offline world, people are fewer. I believe that a regulatory ap- never be light-footed enough—nor fast- getting extraordinarily detailed infor- proach mandated by in-depth, detailed footed enough—to keep up with the mation about what you are purchasing. congressional legislation at this par- technological changes that are taking The question, therefore, is to be asked: ticular point in time could actually place in the online world. Is there some kind of preference about harm consumers in the long run by However, poll after poll shows that what happens at the supermarket, or limiting their choices on the Internet. consumers are anxious that their pri- any other kind of store, and is that On the Internet today, we can buy vacy is not being protected when they somehow less protected than the choice and sell anything. We can research ev- go on line. you make online? Likewise, catalog erything from health information to For example, a 1999 survey by the Na- companies compile and use offline in- sports scores to movie reviews. We can tional Consumers League found 73 per- formation to make marketing deci- keep track of our stock portfolios, to- cent of online users are not com- sions. These companies rent lists com- morrow’s weather, and the news fortable providing credit card or finan- piled by list brokers. The list brokers throughout the world. And we do most cial information online and 70 percent obtain marketing data and names from of that free of charge. The reason we are uncomfortable giving out personal the public domain and governments, can surf from page to page for free is information to businesses online. More- credit bureaus, financial institutions, because the Internet, like television, is over, due to privacy concerns, 42 per- credit card companies, retail establish- supported by advertising—or is strug- cent of those who use the Internet are ments, and other catalogers and mass gling to be supported by advertising. using it solely to gather information mailers. Obviously, access is by subscription in rather than to make purchases online. I have been collecting the catalogs most cases; but the point is that adver- Likewise, a Business Week survey in that I have received just in the last few tising is increasingly growing. Business March 2000 noted that concern over pri- weeks from not one online purchase, spent more than $1.9 billion to adver- vacy on the Internet is rising. A clear and I have been targeted by about 50 tise on the web in 1998, with spending majority—57 percent—favor some sort catalogs just on the basis of offline on electronic advertising expected to of law regulating how personal infor- purchases that have been made and not climb to $6.7 billion by 2001. mation is collected and used. Accord- because of an online existence. It is this advertising that is the rea- ing to Business Week, regulation may Even in politics, off-line privacy pro- son we don’t have a subscription-based become essential to the continued tections may be less than those we are Internet—at least at this point in time. growth of e-commerce, since 41 percent already seeing online. For example, we That would clearly limit a lot of peo- of online shoppers say they are very all know that campaigns can and do ple’s online activities, and it would concerned over the use of personal in- get voter registration lists from their contribute to the so-called digital di- formation, up from 31 percent two year states and can screen based on how vide. Instead, we have an Internet that ago. Perhaps more telling, among peo- often individuals vote. They will take we can freely explore. It is my sense ple who go online but have not shopped this data and add names from maga- that people like this model of the there, 63 percent are very concerned, zines—Democrats could use the New Internet, and they understand that the up from 52 percent two years ago. Republic and Republicans might choose

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4255 the National Review—and advocacy an individual will have to their own in- bers—he is referring to Members of the groups, and target all of them. With formation, and what rights they will Senate—have probably been called those combined lists, campaigns decide have with respect to that. similar or worse things in the course of which potential voters to target for Finally, we need to deal with the their public lives. which mailings. The campaigns will question of enforcement, which will be I thought it might be appropriate to also often share lists with each other particularly important. It is one that begin with a photograph of Professor and with party committees. All of this we need to examine further. I believe Smith and his family, which bears lit- goes on offline. that there is much for us to examine. tle resemblance to Larry Flynt, David On the other hand, when I go to the We should not, in a sense, intervene in Duke, or Theodore Kaczynski. shopping mall and I walk into a store a way that will have a negative impact It is my distinct honor today to rise and look at five different items, five on the extraordinary growth of the in support of the nomination of Pro- sweaters, or five pairs of pants, what- Internet, even as we protect privacy fessor Bradley A. Smith to fill the open ever it may be, and I don’t buy any of and establish some principles by which Republican seat on the bipartisan Fed- them, there is no record of them at all. we should guide ourselves. I believe eral Election Commission. But there is a record of that kind of that the FTC proposal reaches too far In considering the two FEC nomi- traveling or perusal, if you will, with in that regard. nees, Professor Brad Smith and Com- respect to the web. I hope my colleagues in the Senate missioner Danny McDonald, the Senate There are clearly questions that we will join me in an effort to embrace must answer two fundamental ques- have to resolve with respect to what goals without the kind of detailed in- tions: Is each nominee experienced, kind of anonymity can be protected trusion that has been suggested. principled, and ethical? And: Will the I thank the Chair. with respect to the online transaction. FEC continue to be a balanced, bipar- I just do not think this is the mo- f tisan commission? ment for us to legislate. I think we CONCLUSION OF MORNING I might state this is a different kind need to study the issue of access very BUSINESS of commission. It is a commission set significantly. up on purpose to have three members There is a general agreement that The PRESIDING OFFICER. Morning of one party and three members of an- consumers should have access to infor- business is closed. other party so that neither party can mation that they provided to a web f take advantage of the other in these site. We still don’t know whether it is EXECUTIVE SESSION electoral matters that come before the necessary or proper to have consumers Commission. The Federal Election have access to all of the information Commission is charged with regulating that is gathered about an individual. NOMINATION OF BRADLEY A. the political speech of individuals, Should consumers have access to SMITH, OF OHIO, TO BE A MEM- groups, and parties without violating click-stream data or so-called derived BER OF THE FEDERAL ELECTION the first amendment guarantee of free- data by which a company uses com- COMMISSION dom of speech and association—obvi- piled information to make a marketing The PRESIDING OFFICER. Under ously, a delicate task. decision about the consumer? And if we the previous order, the hour of 11:30 Over the past quarter century, the decide that consumers need some ac- a.m. having arrived, the Senate will cess for this type of information, is it FEC has had difficulty maintaining proceed to executive session. this all-important balance and has technologically feasible? Will there be The legislative clerk read the nomi- been chastised, even sanctioned, by the unforeseen or unintended consequences nation of Bradley A. Smith, of Ohio, to Federal courts for overzealous prosecu- such as an increased risk of security be a member of the Federal Election tion and enforcement that treated the breaches? Will there be less rather than Commission. Constitution with contempt and tram- more privacy due to the necessary cou- Mr. MCCONNELL. Mr. President, pled the rights of ordinary citizens. pling of names and data? based on the caricatures of Professor Again, I don’t believe we have the an- Bradley Smith, one would think he In light of the FEC’s congressionally swers, and I don’t believe we are in a must have horns and a tail. I unveil a mandated balancing act and the funda- position to regulate until we have thor- picture of Brad Smith and his family in mental constitutional freedoms at oughly examined and experienced the the hopes of putting to rest some of stake, Congress established the bal- work on those issues. these rumors. anced, bipartisan, six-member Federal I disagree with those who think that Let me quote Professor Smith him- Election Commission. The law and this is the time for heavy-handed legis- self on this point, talking about the ex- practice behind the FEC nominations lation from the Congress. Nevertheless, perience he has had over the last 10 process has been to allow each party to I believe we can legislate the outlines months. He said: In the last 10 months select its FEC nominees. The Repub- of a structure in which we provide since my name first surfaced as a can- licans pick the Republicans; the Demo- some consumer protections and in didate, certain outside groups and edi- crats pick the Democrats. As President which we set certain goals with which torial writers opposed to this nomina- Clinton said recently, this is, ‘‘the we encourage the consumer to famil- tion have relied on invective and ridi- plain intent of the law, which requires iarize themselves while we encourage cule to try to discredit me. Among that it be bipartisan and by all tradi- the companies to develop the tech- other things, some have likened nomi- tion, that the majority make the nomi- nology and the capacity to do it. nating me to nominating Larry Flynt, nation’’ to fill the Republican seat on Clearly, opting in is a principle that a pornographer, to high office. Nomi- the Commission. most people believe ought to be maxi- nating me has been likened to nomi- Professor Bradley Smith was a Re- mized. Anonymity is a principle that nating David Duke, one-time leader in publican choice agreed to by the Re- most people believe can help cure most the Ku Klux Klan, to high office. Nomi- publicans in the House and the Repub- of the ills of targeted sales. For in- nating me has been likened to nomi- licans in the Senate and put forward by stance, you don’t need to know if it is nating Theodore Kaczynski, the the Republicans to the President of the John Smith living on Myrtle Street. Unabomber, a murderer, to high office. United States, who has nominated him. You simply need to know how many Professor Smith went on and said: Typically, Republicans complain that times a particular kind of purchase Just this week I saw a new one. I was the Democratic nominees prefer too may have been made in a particular de- compared to nominating Jerry Spring- much regulation and too little free- mographic. And it may be possible to er, which is probably not a good com- dom, while Democrats complain that maintain the anonymity and provide parison since Springer is a Democrat. the Republican nominees prefer too lit- the kind of protection without major Other critics have attempted ridicule, tle regulation and too much freedom. legislation. It seems to me that most labeling me a ‘‘flat Earth Society Ultimately both sides bluster and companies will opt for that. poobah,’’ and more. delay a bit, create a little free media In addition to that, we need to re- He says: I say all this not by way of attention, and then move the nominees solve the question of how much access complaint because I’m sure that Mem- forward. In fact, the Senate has never

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4256 CONGRESSIONAL RECORD — SENATE May 23, 2000 voted down another party’s FEC nomi- Common Cause, have written in sup- School and Professor Lillian BeVier of the nee in a floor vote or even staged a fili- port of Professor Smith’s nomination. University of Virginia School of Law. His un- buster on the Senate floor. These many letters attest to the cen- derstanding of the First Amendment has At the end of the day, however, the been adopted by the courts in sustaining tral role that Professor Smith’s schol- state campaign finance laws. bipartisan nature of the FEC serves the arship has played in mainstream Fourth, Professor Burt Neuborne of country well. The FEC gets a few com- thought about campaign finance regu- the Brennan Center at New York Uni- missioners that naturally lean toward lation. Equally important, these let- versity. There is no group in America regulation and a few commissioners ters make clear that no one who knows that disagrees more passionately with that naturally lean toward constitu- Brad Smith personally or profes- Professor Smith on campaign finance tionally-protected freedoms. And the sionally, including self-avowed reform- than the Brennan Center. Yet, listen to country gets a six-member bipartisan ers, believes that he will fail to enforce what Burt Neuborne, the Legal Direc- Federal Election Commission to walk the election laws as enacted by Con- tor of the Brennan Center had to say the critical fine line between regula- gress or to fulfill his duties in a fair tion and freedom. about Smith’s scholarship. and even-handed manner. Neuborne considers Professor The Dean of Stanford Law School, All of the scholars that have written Kathleen Sullivan, has summed up the Smith’s writings to be ‘‘thoughtful dis- urging the confirmation of Professor cussions of topics of extreme impor- balance as well as anyone. Specifically, Smith believe that his scholarly work she praised Professor Smith for the in- tance’’ and concludes that Smith has is not radical but rather well-grounded done ‘‘excellent work in debunking the strumental role he would play in up- in mainstream First Amendment doc- holding constitutional values and es- status quo.’’ He goes on to say of Pro- trines and case law. Let me share with fessor Smith’s scholarship: tablishing a bipartisan equilibrium: you a few examples of what these ex- I do think Mr. Smith’s views are in the I learned from it and altered aspects of my perts say. own approach as a result of his argument. It mainstream of constitutional opinion. . . . I I ask unanimous consent the full text think it is a good thing, not a bad thing, to is, in my opinion, thoughtful scholarship have people who are very attuned to con- of these letters that I am going to be that helps us move toward a better under- stitutional values in Government positions, reading be printed in the RECORD at the standing of an immensely important na- just as we would think it is a good thing to conclusion of my remarks. tional issue. Higher praise than that I can- have a prosecutor who thinks very highly of The PRESIDING OFFICER. Without not give. the Fourth Amendment and wants to make objection, it is so ordered. It also speaks well of Professor sure searches are always reasonable, maybe (See exhibit 1.) Smith that constitutional scholars and more so than some of his colleagues. It is Mr. MCCONNELL. First, Professor election law experts that know him certainly good to have one of those prosecu- Daniel Kobil, Capital Law School, Re- personally and are familiar with his tors in the shop, and it certainly would be a work, including some who have served good thing to have one Commissioner at form Advocate and Past Director of least who has those views. Common Cause, Ohio: on the board of Common Cause, are Groups seeking to expand campaign regu- confident that he will faithfully en- Let me say that I sincerely hope that force the law as enacted by Congress we can uphold this bipartisan law and lations dramatically might have misgivings about Brad’s nomination. However, I believe and upheld by the courts. Here are just tradition that President Clinton in- a few examples of the confidence these voked when he sent these two nomi- that much of that opposition is based not on what Brad has said or written about cam- experts have in Brad Smith’s integrity nees to the Senate. paign finance regulations, but on crude cari- and commitment to the rule of law. After all, Professor Smith’s views are catures of his ideas that have been cir- Fifth, Professor Daniel Lowenstein of similar to the Republicans who have culated. . . . I think that the FEC and the UCLA Law School, served six years on gone before him. And, Commissioner country in general will benefit from Brad’s Common Cause National Governing McDonald’s views are similar to those diligence, expertise, and solid principles if he Board: he himself has held for the past 18 is confirmed to serve on the Commission. Anyone who compares his writings on cam- years as one of the Democrats’ com- Second, Professor Larry Sabato, Di- paign finance regulation with mine will find missioners at the FEC. In fact, Com- rector of the University of Virginia that our views diverge sharply. Despite these missioner McDonald’s views are so con- Center for Governmental Studies, ap- differences, I believe Smith is highly quali- sistent with and helpful to the Demo- pointed by Senator George Mitchell to fied to serve on the FEC. . . . Smith possesses cratic Party that former Congressman the Senate’s 1990 Campaign Finance integrity and vigorous intelligence that and current Gore campaign chairman Reform Panel: should make him an excellent commissioner. Tony Coelho has hailed Commissioner He will understand that his job is to enforce Contrary to some of the misinformed com- the law, even when he does not agree with it. McDonald as ‘‘the best strategic ap- mentary about Professor Smith’s work and . . . In my opinion, although my views on the pointment’’ the Democrats ever made. views, his research and opinions in the field subject are not the same as theirs, [the Sen- So, notwithstanding the bluster and of campaign finance are mainstream and ate Republican Leadership] deserves consid- delay, these two nominees largely rep- completely acceptable. For example, Pro- erable credit for having picked a distin- resent their parties’ long line of past fessor Smith has argued in several of his aca- guished individual rather than a hack. . . . FEC Commissioners. One could argue demic papers for a kind of deregulation of Although many people, including myself, can the election rules in exchange for stronger find much to disagree with in Bradley that the only thing new in this debate disclosure of political giving and spending. is the opportunity for new headlines. Smith’s views, I doubt if anyone can credibly This is precisely what I have written about deny that he is an individual of high intel- Again, let me restate the questions and supported in a number of publications as ligence and energy and unquestioned integ- before the Senate on these two FEC well. Bradley certainly supports much of the rity. When such an individual is nominated nominees? work of the Federal Election Commission for the FEC, he or she should be enthusiasti- Is each nominee experienced, prin- and understands its importance to public cally and quickly confirmed by the Senate. cipled and ethical? confidence in our system of elections. I have Sixth, Professor Daniel Kobil of Cap- Will the FEC continue to be a bal- been greatly disturbed to see that some are ital Law School, former governing not satisfied to disagree with Professor anced, bipartisan commission? board member of Common Cause, Ohio: I dedicate the remainder of my open- Smith and make those objections known, but Knowing Brad personally, I have no doubt ing comments this morning to reading believe it necessary to vilify the professor in an almost McCarthyite way. I do not use that his critics are wrong in suggesting that a few excerpts from the flood of letters that historically hyper-charged word lightly, as a FEC Commissioner, Brad would refuse I have received in support of Professor but it applies in this case. Any academic to enforce federal campaign regulations be- Smith since he was nominated. These with a wide ranging portfolio of views on a cause he disagrees with them. I have ob- letters from those who agree and those controversial subject could be similarly served Brad’s election law class on several who disagree with Professor Smith tarred by groups on the right or left. occasions and he always took the task of clearly establish that: (1) Professor educating his students about the meaning Third, Professor John Copeland and scope of election laws very seriously. I Smith is experienced, principled and Nagle of Notre Dame Law School: have never heard him denigrating or advo- ethical, and (2) his service would help Professor Smith’s view is shared by numer- cating skirting state and federal laws, even the FEC to be balanced and bipartisan. ous leading academics from across the polit- though he may have personally disagreed Even staunch advocates of reform, ical and ideological spectrum, including with some of those laws. Indeed, several including two past board members of Dean Kathleen Sullivan of the Stanford Law times in class he admonished students who

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4257 seemed to be suggesting ignoring what they that our views diverge sharply. Despite these chair of his committee for purposes of con- considered overly harsh election laws. Brad differences, I believe Smith is highly quali- sidering his tenure and promotion, most re- is an ethical attorney who cares deeply fied to serve on the FEC. cently to Full Professor. He is, in my view, about the rule of law. I am confidant that he The difficulties that have affected the per- an outstanding candidate for the position will fairly administer the laws he is charged formance of the FEC since its creation have and should certainly be confirmed. with enforcing as a Commissioner. not been caused by the ideological views of its members, but by excessive partisanship As a friend and colleague of Brad’s, I am of Seventh, Professor Randy Barnett of course aware of the controversy surrounding Boston University Law School: and, sometimes, by mediocrity. Smith pos- sesses integrity and vigorous intelligence his nomination to a position on the FEC. In- I . . . can tell you and your colleagues that that should make him an excellent commis- deed, as a former governing board member [Professor Smith] is a person of the highest sioner. He will understand that his job is to for Common Cause, Ohio, I can understand character and integrity. If confirmed, Brad enforce the law, even when he does not agree why groups seeking to expand campaign reg- will faithfully execute the election laws with it. ulations dramatically might have misgivings which the Commission is charged to en- That the Senate Republican leaders should about Brad’s nomination. However, I believe force—including those with which he dis- have proposed an individual who matches that much of that opposition is based not on agrees . . . . Brad’s critics need not fear that their ideological views on campaign finance what Brad has written or said about cam- he will ignore current law, but those who regulations should not have surprised any- paign finance regulations, but on crude cari- violate it may have reason to be apprehen- one. Law and custom assume that the mem- sive. catures of his ideas that have been cir- bers of the FEC will have different partisan culated. Let me close my opening comments and ideological backgrounds. In my opinion, by sharing with you Brad Smith’s own though my views on the subject are not the Although I do not agree with all of Brad’s closing remarks in his statement be- same as theirs, these leaders deserve consid- views on campaign finance regulations, I be- fore the Senate Rules Committee: erable credit for having picked a distin- lieve that his scholarly critique of these laws is cogent and largely within the mainstream [S]hould you confirm my nomination to guished individual rather than a hack. of current constitutional thought. I have this seat, which I hope that you will, here is That Smith is indeed distinguished can taught Constitutional Law at Capital Law my pledge to you. First, I will defer to Con- hardly be doubted. He has published numer- School for nearly thirteen years. I was also gress to make law, and not seek to usurp ous articles on campaign finance regulation that function to the unelected bureaucracy. in distinguished law journals. These articles counsel for amicus curiae, the ACLU of Ohio, Second, when the Commission must choose are widely recognized as leading statements in a significant case dealing with the inter- under the law, whether to act or not to act, of one of the major positions in the cam- section of the First Amendment and election or how to shape rules necessary for the law’s paign finance debate. In 1995 I published the law, Pestrak v. Ohio Elections Commission, enforcement, faithfulness to congressional first American textbook of the twentieth 926 F2d 573 (6th Cir. 1991). century on election law (Election Law, Caro- intent and the Constitution, as interpreted Brad’s central premise, that limits on po- by the courts, will always be central to my lina Academic Press). Not long after the book was published, Smith published his litical contributions burden expression and decision making. Third, I will act to enforce should only be upheld for the most compel- the law as it is, even when I disagree with first major article on campaign finance in the Yale Law Journal. With his permission, ling reasons, is hardly radical. It has long the law. . . . Finally, I pledge that I will been a basic tenet of the Supreme Court’s strive at all times to maintain the humility I included extended excerpts from that arti- First Amendment jurisprudence that the that I believe is necessary for any person en- cle in the supplements that have been pub- amount and content of speech cannot be lim- trusted with the public welfare to success- lished for my textbook. I certainly would not ited except for the most important reasons. fully carry out his or her duties. have done so unless I regarded his article as intellectually distinguished. Brad’s writings do question the Supreme I think, with all due respect to cur- It is understandable that in an area such as Court’s conclusion in Buckley v. Valeo that rent and past members of the FEC, this campaign finance regulation, whose effects the government’s interest in preventing the is clearly the most outstanding indi- are so far-reaching for all competitors in appearance of corruption is sufficient to out- vidual ever nominated for that com- American politics, appointments should be weigh the burden campaign finance regula- mission. We all regret that this nomi- highly contested. However, as I mentioned tions place on speech. However, this critique nation has taken on some level of con- above, the system contemplates that individ- is not outlandish, but calls attention to the troversy because of Professor Smith’s uals with different backgrounds and beliefs one of the obvious tensions in Buckley that will serve on the FEC. Although many peo- views, which are similar to those of 95 in my view ought to be continuously reexam- ple, including myself, can find much to dis- ined by courts and scholars if the basic val- percent of the Republicans in the Sen- agree with in Bradley Smith’s views, I doubt ues underlying the First Amendment are to ate. But that happens occasionally. if anyone can credibly deny that he is an in- be adequately protected. I am confident that well-meaning dividual of high intelligence and energy and Senators on both sides of the aisle will unquestioned integrity. When such an indi- Moreover, having come to knowing Brad remember that this is a bipartisan vidual is nominated for the FEC, he or she personally, I have no doubt that his critics agency. It is supposed to have three should be enthusiastically and quickly con- are wrong in suggesting that as a FEC Com- Democrats, picked by the Democrats, firmed by the Senate. If such an individual is missioner, Brad would refuse to enforce fed- and three Republicans, picked by the denied confirmation, the result inevitably eral campaign regulations because he dis- will be to compound the already prevalent Republicans. It is important for us to agrees with the laws. I have observed Brad’s gridlock in this difficult area of public pol- Election Law class on several occasions and honor each others’ choices if the FEC icy. he always took the task of educating his stu- is to work. So I am hopeful and con- If I can provide any additional information dents about the meaning and scope of elec- fident that Professor Smith’s nomina- I should be happy to do so. I can be reached tion laws very seriously. I have never ob- tion will be confirmed tomorrow when at 310–825–5148, and at served him denigrating or advocating skirt- the roll is called. ing state and federal election laws, even With that, I yield the floor. Sincerely, though he may have personally disagreed DANIEL H. LOWENSTEIN, EXHIBIT 1 with some of those laws. Indeed, several Professor of Law. UNIVERSITY OF CALIFORNIA times in class he admonished students who SCHOOL OF LAW, seemed to be suggesting ignoring what they CAPITAL UNIVERSITY Los Angeles, CA, February 17, 2000. considered overly harsh election laws. Brad LAW SCHOOL, COLUMBUS OH, is an ethical attorney who cares deeply Re Bradley Smith nomination. February 15, 2000. about the rule of law. I am confident that he (Attn: Andrew Siff) Re nomination of Professor Bradley A. will fairly administer the laws he is charged Senator MICTH MCCONNELL, Smith for Commissioner on Federal Elec- with enforcing as a Commissioner. Senate Rules Committee, Senate Office Building, tion Commission. U.S. Senate, Washington, DC Hon. MITCH MCCONNELL, In conclusion, I think that the FEC and DEAR SENATOR MCCONNELL: I write in sup- Chair, Senate Committee on Rules and Adminis- the country in general will benefit from port of the nomination of Bradley Smith to tration, Russell Senate Office Building, U.S. Brad’s diligence, expertise, and solid prin- serve on the Federal Election Commission. Senate, Washington, DC. ciples if he is confirmed to serve on the Com- My support is not based on either partisan or DEAR SENATOR MCCONNELL: I am writing in mission. Please contact me if I can provide ideological grounds. To the contrary, I have support of Professor Bradley A. Smith’s additional information or assist the Com- been an active Democrat since 1970, whereas, nomination for a position as a Commissioner mittee in any way regarding Brad’s nomina- as is well known, Smith’s appointment to on the Federal Election Commission. I have tion. the FEC was proposed by Republicans. Any- known Brad since he joined the faculty of Very Truly Yours, one who compares Smith’s writings on cam- Capital Law School in the Fall of 1993 as a DANIEL T. KOBIL, paign finance regulation with mine will find visiting professor, and have served as the Professsor of Law.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4258 CONGRESSIONAL RECORD — SENATE May 23, 2000

UNIVERSITY OF VIRGINIA, Governmental Stud- political change open. By prohibiting exces- WOODROW WILSON DEPARTMENT, ies. sive regulation of political speech and the Charlottesville, VA, March 1, 2000. political process, the First Amendment, Senator MITCH MCCONNELL, NOTRE DAME LAW SCHOOL, properly interpreted, frees individuals wish- Chairman, Senate Rules Committee, Russell Notre Dame, IN, February 18, 2000. ing to engage in political discourse from the Building, U.S. Senate, Washington, DC. Hon. MITCH MCCONNELL, regulation that now restrains grassroots po- (Attention Andrew Siff) U.S. Senate, Russell Senate Office Building, litical activity. And because the First Washington, DC. Amendment, properly applied to protect con- DEAR SENATOR MCCONNELL: I am pleased to tributions and spending, makes no distinc- write this letter in support of Professor (Att’n: Andrew Siff) tions between the power bases of different DEAR SENATOR MCCONNELL: It is my privi- Bradley Smith’s nomination to the Federal political actors, it helps to keep any par- lege to recommend Bradley A. Smith for ap- Election Commission. I believe Professor ticular faction or interest from permanently Smith is a solid and informed choice for the pointment to the Federal Election Commis- gaining the upper hand. In each respect, it vital federal agency at a critical moment in sion (FEC). promotes true political equality.’’ Professor Smith is a leading scholar in its history. I am pleased to be able to add my Smith, 105 YALE L.J AT 1090. This positive voice to many who support Professor Smith. election law. His work—which has appeared explanation far better serves the first My own credentials in this field are out- in such prestigious publications as the Yale amendment than the frightening prospect lined in the attached vita. I have published Law Journal and the Georgetown Law Jour- that the meaning of the Constitution’s pro- several books and many articles in the field, nal—is innovative, academically rigorous, tections might soon depend upon the per- including Pac Power: Inside the World of Po- and an exciting contribution to the existing ceived majority desire for the stringent regu- litical Action Committees, Paying for Elec- literature in the field of campaign finance lation of political campaigns. See Nixon v. tions, and Dirty Little Secrets. In addition, legislation. He is one of the few scholars who Shrink Missouri Government PAC, 120 S. Ct. I was honored and privileged to serve on the has investigated how campaigns were fi- 897 (2000) (Breyer, J., concurring)(suggesting U.S. Senate’s campaign finance reform panel nanced before the second half of the twen- that the Supreme Court’s interpretation of back in 1990, having being jointly appointed tieth century, see Bradley A. Smith, Faulty the first amendment should change if it ‘‘de- by then-majority leader George Mitchell and Assumptions and Undemocratic Con- nies the political branches sufficient leeway minority leader Robert J. Dole. sequences of Campaign Finance Reform, 105 to enact comprehensive solutions to the Contrary to some of the misinformed com- Yale L.J. 1049, 1053–56 (1996), and his scholar- problems posed by campaign finance’’). mentary about Professor Smith’s work and ship builds upon the lessons that history Yet Professor Smith understands the prob- views, his research and opinions in the field teaches. For example, he dispels a common lems evidence in our current system. He rec- of campaign finance are mainstream and perception by observing that ‘‘the role of the ognizes the need for ‘‘radical’’ reform, see completely acceptable. For example, Pro- small contributor in financing campaigns Bradley A. Smith, A Most Uncommon Cause: fessor Smith has argued in several of his aca- . . . has increased, rather than declined, over Some Thoughts on Campaign Reform and a demic papers for a kind of deregulation of the years.’’ Id. at 1056. He has closely exam- Response to Professor Paul, 30 CONN. L. REV. the election rules in exchange for stronger ined the way in which money affects both po- 831, 837 N.37 (1998) , a sympathy that I share. disclosure of political giving and spending. litical campaigns and the legislative process, See John Copeland Nagle, The Recusal Alter- This is precisely what I have written about concluding that the precise relationship be- native to Campaign Finance Reform, 37 and supported in a number of publications as tween campaign spending and corruption is HARV. J. LEGIS. (forthcoming February 2000). well. Bradley certainly supports much of the far more complicated than many commonly What impresses me most about Professor work of the Federal Election Commission assume. See id. at 1057–71; Bradley A. Smith. Smith is his insistence that the problems and understands its importance to public Money Talks: Speech, Corruption, Equality, evident in our existing system be addressed confidence in our system of elections. I have and Campaign Finance, 86 GEO.L.J. 45, 58–60 in a manner that protects constitutional been greatly disturbed to see that some are (1997). Yet that is exactly the kind of anal- rights. It is far too easy to assume that the not satisfied to disagree with Professor ysis that should be performed when consid- first amendment must be discarded when it Smith and make those objections known, but ering what legal regulation is merited, espe- is inconvenient to adhere to its teachings. believe it is necessary to vilify the professor cially in light of the frequent laments that Moreover, apart from the commands of the in almost a McCarthyite way. I do not use the federal campaign finance laws enacted in Constitution, Professor Smith has ques- that historically hyper-charged word lightly, the 1970’s have not performed as Congress tioned whether the same kinds of proposed but it applies in this case. Any academic hoped or expected. solutions that have been tried and failed for with a wide-ranging portfolio of views on a Professor Smith questions the compat- nearly thirty years are best suited for the controversial subject could be similarly ibility of campaign restrictions with the kinds of problems that we face today. Indeed, tarred by groups on the right or left. I hope first amendment. In doing so, he gives voice he has identified a number of unintended ef- and trust that under your able leadership, to the many organizations across the polit- fects of the standard restrictions on cam- the Senate Rules Committee will not give in ical and idelolgical spectrum who fear the paign contributions and expenditures, in- to this kind of vicious sloganeering and char- impact of some of the proposed legal regula- cluding the entrenchment of the status quo, acter assassination. tion on the ability of citizens and groups of the promotion of influence peddling, the fa- I should note that I don’t completely agree communicate their message to the public. voritism of select elites and special inter- with Professor Smith’s views and opinions in Professor Smith’s view is shared by numer- ests, and perhaps most obviously, the en- all respects. Even though we have our dif- ous leading academics, again from across the couragement of wealthy candidates. See ferences, I fully respect his scholarship and political and ideological spectrum, including Smith, 105 YALE L.J. at 1072–84. Instead, Pro- the clear argumentation and documentation Dean Kathleen Sullivan of the Stanford law fessor Smith had advocated other actions that undergirds it. I have not been a long ac- School and Professor Lillian BeVier of the that could be taken to solve the problem, in- quaintance of Professor Smith so I cannot be University of Virginia School of Law. His un- cluding increased disclosure requirements. accused of simply backing an old chum! In- derstanding of the first amendment has been See Smith, 45 GEO. L.J. at 62–62. But Pro- stead, I am supporting Bradley Smith be- adopted by the courts in sustaining state fessor Smith has clearly stated his preferred cause he is fully qualified for the Federal campaign finance regulations. See Toledo remedy: ‘‘I believe strongly that the best so- Election Commission and I believe that he Area AFL–CIO v. Pizza, 154 F.3d 307, 319 (6th lution to any ills in our political system lies will do an outstanding job, putting in long Cir. 1998) (quoting Professor Smith’s descrip- in the American voter.’’ Smith, 30 CONN. L. hours and thoroughly analyzing the com- tion of the first amendment). But Professor REV. at 862. I cannot imagine a more attrac- plicated subjects that come before the Com- Smith sees the first amendment in an af- tive view to be possessed by a member of the mission. I trust him to fulfill his public re- firmative light rather than a negative one. Federal Election Commission. sponsibilities with great care and a deter- As he has so eloquently explained: Perhaps most importantly, Professor mination to be fair and honest. That is all ‘‘By assuring freedom of speech and of the Smith has displayed a fidelity to the law. His one can reasonably ask from a nominee. press, the First Amendment allows for expo- writing about the first amendment shows Thank you for permitting me the oppor- sure of government corruption and improper that the he abides by the Constitution re- tunity to offer these observations. Please let favors and provides voters with information gardless of the consequences. Professor me know if I can be of any additional help as on sources of financial support. There is no Smith is also faithful to the laws enacted by Professor Smith’s nomination moves for- shortage of newspaper articles reporting on Congress. He has counseled that both the ward, as it should. candidate spending and campaign contribu- statues enacted by Congress and the con- With every good wish, tions, and candidates frequently make such stitutional decisions of the courts are enti- Yours respectfully, information an issue in campaigns. By keep- tled to respect whether or not one agrees or DR. LARRY J. SABATO. ing the government out of the electoral disagrees with them. See Bradley A. Smith, ROBERT KENT GOOCH, arena, the First Amendment allows for a full Soft Money, Hard Realities: The Constitu- Professor Of Govern- interplay of political ideas and prohibits the tional Prohibition on a Soft Money Ban, 24 ment and Foreign type of incumbent self-dealing that has so J. LEGIS, 170, 200 (1998), In sort, he possesses Affairs, and Director vexed the reform movement. It allows chal- the ‘‘experience, integrity, impartiality, and of the University of lengers to raise the funds necessary for a good judgment,’’ 2 U.S.C. § 437c(a)(3), nec- Virginia Center for successful campaign and keeps channels of essary to serve on the FEC.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4259 Please contact me at (219) 631–9407 or at Mr. MCCONNELL. Will my friend call vote by this body in the past quar- [email protected] if you have any fur- yield? ter of a century. In each of those three ther questions about Professor Smith’s nom- Mr. DODD. I will be happy to yield. instances, the nominees were con- ination to the FEC. He will be an excellent Mr. MCCONNELL. Had Commissioner commissioner. firmed by the Senate. The Senate has Sincerely, McDonald been subjected to the same never voted to reject a nominee to the JOHN COPELAND NAGLE, things to which the Republican nomi- Federal Election Commission sub- Associate Professor. nee has been subjected, my colleague mitted by respective Presidents. might have needed a picture with chil- Of the remaining 40 or so nominees, 3 BOSTON UNIVERSITY, dren and dogs. In any event, we are were withdrawn by Presidents for var- SCHOOL OF LAW, going to be voting on him as well after ious reasons, 1 was returned to the Boston, MA, February 13, 2000. we vote on Professor Smith. President without action under rule Senator MITCH MCCONNELL, Mr. DODD. If he does not have a dog, Chair, Senate Committee on Rules and Adminis- XXXI of the Senate, 3 were recess ap- tration, Russell Senate Office Building, U.S. maybe he can rent one. This is a fine pointments, 2 of which were confirmed Senate, Washington, DC. looking dog here. Maybe we can borrow by the Senate by unanimous consent; DEAR SENATOR MCCONNELL: I am writing to that fine looking red dog for our pic- and the remainder, some 33 nominees, strongly urge the Senate to confirm the ture. I apologize to Mr. McDonald, we were all confirmed by unanimous con- nomination of Brad Smith as a commissioner do not have a similar photograph of sent without recorded votes in the Sen- on the Federal Communications Commis- him and his family and dog before us. ate. sion. I have known Brad well since he was a student at Harvard Law School, and have I want to take our colleagues who are In the last 10 years, pairs of nomi- followed his academic career closely, and can monitoring this back in time for a his- nees, one Democrat paired with one Re- tell you and your colleagues that he is a per- torical framework before I get to the publican, have been considered by the son of the highest character and integrity. If issue of the nominees before us because Senate Rules Committee, reported to confirmed, Brad will faithfully execute the it might be helpful for people to under- the Senate, and confirmed en bloc by election laws which the Commission is stand the legislative background as unanimous consent. In the most recent charged to enforce—including those with well as the historical background of action by the Senate in 1997, four nomi- which he disagrees—and he will also take se- riously the rights guaranteed by the Con- these nominees and how the process nees, or two pairs, were considered and stitution. has proceeded over this past quarter of confirmed in this manner and con- Though election law is not my specialty, I a century. It has been 25 years since we firmed by unanimous consent, again en am generally familiar with Brad’s writings created these positions. It might be bloc. in the field and I have written extensively on worthwhile to understand how this How is it possible so many nominees, the Constitution and, in particular, the con- process has worked and how nominees to what is considered by some to be a stitutional protection of liberty. I believe that Brad’s positions on federal election laws have historically been handled. controversial agency, have received the in general, and campaign finance laws in My colleague from Kentucky has al- nearly unanimous support of this body particular, are far more consonant with the ready alluded to that in his opening throughout the past 25 years? I suggest requirements of both the First Amendment comments. I thought it might be help- the answer lies in the very statute that and the Supreme Court’s first amendment ful to take a few minutes and give a created this Commission. jurisprudence than are the views of his crit- history lesson about the Federal Elec- Chapter 14 of title 2 of the United ics. These critics would deny public office to tion Commission and about the people States Code governs Federal cam- anyone who disagrees with their views of good policy, or to anyone who believes in re- who have been nominated to fill these paigns. Section 437c establishes the forming existing law in a manner with which positions. Federal Election Commission and pro- they disagree. We are here to consider two Presi- vides for the appointment of Commis- I share Brad’s policy view that the goal of dential nominations. That is the first sioners. The statute provides for—and I free, fair, and competitive elections would be lesson. We are considering Presidential apologize for going through this labori- better served with less rather than more reg- nominations. The Republican Party ously, but it may help to understand ulation of elections. But I have no doubt the background of all of this—the stat- whatsoever that he will vigorously enforce may have promoted Brad Smith and current law. Indeed, in recent years, we have the Democrats may have promoted ute provides for the appointment by seen wholesale and flagrant violations of Danny McDonald, but, in fact, these the President, with the advice and con- current election laws which have gone large- are two nominations that have been sent of the Senate, of six members to ly unenforced by the FEC and the Justice sent to us by President Clinton, as the Commission. Further, the statute Department. Brad’s critics need not fear that every other President has done during provides that no more than three mem- he will ignore current law, but those who the consideration of nominees for the bers of the Commission be affiliated violate it may have reason to be apprehen- Federal Election Commission. with the same political party; and that sive. Sincerely, The two nominees are Danny McDon- members shall serve for 6 years, with RANDY E. BARNETT, ald of Oklahoma to fill the Democratic the requirement that the initial six Austin B. Fletcher Professor. seat and Brad Smith of Ohio to fill the members serve staggered terms, with The PRESIDING OFFICER. The Republican seat on the Commission. two members not affiliated with the Chair recognizes the Senator from Con- Rollcall votes, as we know, will be con- same political party being paired for necticut. ducted later this week. each of the staggered terms. These re- Mr. DODD. Mr. President, I begin by It is somewhat unusual, although not quirements were adopted by the Con- thanking the distinguished chairman unprecedented, for the Senate to take a gress in the 1976 amendments to the of the Rules Committee for his leader- significant amount of time to debate Federal Election Campaign Act. ship and for bringing these matters to Presidential nominees to the Federal The Supreme Court struck down the the floor. We will have roughly 6 hours Election Commission. I know some of original membership provision of this of debate on this matter. A number of my colleagues have planned extensive act in the landmark case of Buckley v. my colleagues have some very strong remarks, and they are not out of order Valeo. The original provisions of the views about this nomination and will at all in doing that. It has been done on 1971 act provided that the six members take the time to express them at the other occasions. of the Commission be appointed by the appropriate time. It is even more unusual for the Sen- President, the President pro tempore of I begin by apologizing to Danny Lee ate to conduct a rollcall vote, however, the Senate, and the Speaker of the McDonald, the Democratic nominee for on such nominees. It might be instruc- House, with confirmation by a major- the Federal Election Commission, and tive to briefly review Senate action of ity of both Houses of Congress. The his family. I do not have a picture of FEC nominees over the past 25 years Buckley Court struck that process Danny Lee McDonald. I do not know if since the creation of the Commission. down. he has a dog or not, or two dogs. I will Approximately 43 nominees, includ- What is obvious, however, is it has try to correct that before the next 6 ing reappointments, have been sub- always been the intent of Congress hours and see if I can come up with a mitted to the Senate for consideration that these nominees be appointed with nice picture of Mr. McDonald to show to this Commission. Of that total, only regard to their party affiliation. That to our colleagues and the public. three nominations have required a roll- part has been quite clear.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4260 CONGRESSIONAL RECORD — SENATE May 23, 2000 Moreover, these nominees are ap- Commission. He has been reaffirmed to for the following reasons: Tradition- pointed and considered in pairs—one a seat on the Commission twice since ally, there is a heightened level of def- Democratic nominee paired with a Re- his original appointment. During his erence given to the President’s nomi- publican nominee —and that is how the tenure, he served as Chairman of the nees, particularly when the position is Committee on Rules and Administra- Commission three times, and as Vice designated to be filled by one party. tion has also traditionally considered Chairman four times. That is particularly the case with FEC nominees. The committee has Professor Bradley Smith is a distin- nominees to the FEC, who by statute similarly paired their consideration so guished professor of law at Capital Uni- are to be the representatives of their that no hearings are held, nor are the versity Law School in Columbus, OH. political parties on that commission. nominees reported, except in strict He is the author of numerous scholarly Moreover, in performing our constitu- pairs. articles on campaign finance and his tional responsibility to provide advice In recent history, the Rules Com- views are well-published and widely and consent to the President’s nomina- mittee has reported pairs of nominees, known on this subject matter. tions, the Senate should determine voting to report the pair en bloc to the In testimony before the Rules Com- whether a nominee is qualified to hold Senate as a full body. That is the case mittee, Mr. Smith acknowledged that, the office to which he or she has been with the two nominees before the Sen- notwithstanding the decision of the Su- nominated. ate today. The Rules Committee held a preme Court in Buckley and the long Mr. President, it is clear to me that confirmation hearing in which both line of cases that follow, he happens to Mr. Smith is qualified to hold this of- nominees appeared, presented testi- believe the first amendment should be fice. He is clearly intellectually quali- mony, and answered questions of mem- read to prohibit restrictions on cam- fied for the position. He is a recognized, bers of the committee. On March 8, the paign contributions. although controversial, scholar on committee, by a voice vote, reported Mr. Smith has similarly argued that election law and the Constitution. He these nominations en bloc to the full Congress needs to reverse course and is bright, articulate, and anxious to body. That is also why the over- loosen campaign finance regulations. serve. Again, I could not disagree with whelming majority of these FEC nomi- He has argued that contrary to the be- him more, but to say he is not qualified nees have moved through the Senate lief of a majority in Congress, and a to serve is not to have spent time read- over the past 25 years by unanimous majority of the American people, that ing his writings or listening to him. consent, often, again, confirmed en there is too much money in politics You can disagree with him—and I do bloc. today, Mr. Smith argues that money vehemently—but he is certainly quali- The statute creates a presumption increases speech and therefore we need fied to sit on the FEC. Most impor- that the views of each of the two major more speech—and more money, I argue, tantly, he has appeared before the Sen- political parties will be represented by from his point of view—in our cam- ate Rules Committee and testified the three members of the Commission. paigns. He also argues that campaigns under oath that if confirmed, he will And the practice that has developed funded by small donors are not more uphold the Constitution of the United that the leadership of the Congress, democratic and that, in fact, large do- States and the election laws of the both Republican and Democratic lead- nors are healthier for the system. Mr. land. ership, communicate to the President Smith has also argued that the percep- During Rules Committee consider- their preferences for the nominees. tion that money buys elections is in- ation of this nominee, I asked Mr. Smith if, notwithstanding his personal Presidents have rejected these pref- correct and that rather than cor- views, was he prepared to enforce the erences in the past. I noted that ear- rupting the system, limiting money election laws founded on the congres- lier. This practice may be a holdover corrupts the system by entrenching the sional belief that political contribu- from the original provisions in which status quo, favoring wealthy individ- the President of the Senate and the tions can corrupt elections and need to uals, and making the electoral process be limited, as allowed by law and the Speaker of the House actually chose less responsive to public opinion. Constitution. Mr. Smith responded the nominees under the 1971 statute. Let me categorically state for the that he would ‘‘proudly and without Now the recommendations are made to record that I could not disagree more reservations’’ take that oath of office. the President, and the President makes with Mr. Smith’s positions and his Finally, this Senate, and the Rules the nomination. He can reject the rec- writings when it comes to campaign fi- Committee in particular, have an obli- ommendations, which Presidents have. nance. It is clear to me that money gation, in my view, to fill vacancies on Ronald Reagan rejected a nominee, and plays far too great a role in campaigns the Federal Election Commission. Oth- I recall Jimmy Carter also. Others may today. I could not disagree more that erwise, we face gridlock and inaction have a better recollection historically limits on contributions are not only by our agencies. The FEC is simply far of that. constitutional but necessary for our too important, in my view, to be ham- This practice may be a holdover from form of democracy to survive. strung by refusing to confirm a con- the original provisions in which the There is no doubt in my mind that troversial but otherwise well-qualified President pro tempore of the Senate money corrupts, or has the appearance nominee. and the Speaker of the House actually of corrupting our system, and this per- My vote in favor of this nomination chose the nominees. Or it may reflect ception threatens to undermine our should not be read as an endorsement the reality that such nominees, be- electoral system and jeopardize the of his views. Nothing could be further cause they are intended to reflect the confidence in our form of democracy. from the truth. It is an endorsement of relative views of the political parties, I could not disagree more with Mr. the process that allows our political must be confirmed by members of Smith’s conclusion that Congress needs parties to choose nominees who hold those parties in the Senate. In either to reverse course and loosen campaign views consistent with their own. I re- event, these nominees are accepted as finance regulations. It is past time for gret that the majority party here—at somewhat partisan in their views and this Congress to pass comprehensive least a majority of the majority consequently are paired in their con- campaign finance reform, which I have party—embraces the views they do, and sideration. consistently supported and will con- nobody holds them more strongly than So why does the Senate find itself in tinue to support. my friend and colleague from Ken- the somewhat unusual position of tak- That is what the debate in the Sen- tucky. I think he is dead wrong in his ing the time of the body to fully debate ate is about today—whether or not this views on these issues, but he represents and conduct rollcall votes on these Congress will act on the will of the peo- the views of the majority party on this nominees? Not surprisingly, each of ple and bring this system of campaign issue. They have made a choice that these nominees is very closely associ- finance loopholes and the money chase Bradley Smith reflects their views well ated with the majority views of their to a close. My support for such action on this issue. Therefore, they have the party on issues of campaign finance re- could not be more clear. right, in my view, to have him con- form. Commissioner McDonald has Notwithstanding my strong disagree- firmed to the seat, assuming that he is been a member of the FEC since 1982. ment with his views, I am not going to otherwise qualified to sit on the Com- He is currently Vice Chairman of the oppose this nomination of Mr. Smith mission. I would not vote for him if it

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4261 were strictly a case of endorsing his NOMINATION OF BRADLEY A. whether he can carry out the respon- views as opposed to mine. But the FEC SMITH, OF OHIO, TO BE A MEM- sibilities of a Commissioner on the has never been a body where that has BER OF THE FEDERAL ELECTION FEC. It just isn’t possible for us to ig- been a litmus test applied to Presi- COMMISSION—Continued nore the views he has repeatedly and dential nominees. The PRESIDING OFFICER. Under stridently expressed simply because he Whether or not this nominee is con- the previous order, the distinguished now says he will faithfully execute the firmed will not determine the real Senator from Wisconsin is recognized. laws if he is confirmed. issue for Congress—and that is whether Mr. FEINGOLD. Thank you, Mr. We would not accept, nor should we we will pass meaningful campaign fi- President. accept, such disclaimers from individ- nance reform laws to restore the Today we are debating a nomination uals nominated to head other agencies public’s faith in our elected system of that may be just as important to the of government. Sometimes a cliche is Government. cause of campaign finance reform as the best way to express an idea. Pro- fessor Smith on the FEC would really The fundamental problem we face is any bill that has been considered by be the classic case of the fox guarding not whether Bradley Smith is on the the Senate in recent years. Tomorrow’s vote on the nomination of Brad Smith the hen house. FEC, but whether or not this body, be- Let me illustrate this by pointing fore we adjourn this Congress, is ever may be just as significant for campaign finance reform as any of the votes we out the views of Bradley Smith that going to address the fundamental cam- caused me and many others who care paign laws that some of us would like had on those bills. The issue here is the nomination of about campaign finance reform to have to see modified, including the McCain- Brad Smith to a 6-year term on the a lot of concern about his being on the Feingold legislation, which has been Federal Election Commission, and I op- FEC. before this body in the past. pose that nomination. Professor Smith has been a prolific It is time, in my view, to confirm Like other speakers, I take note of scholar on the first amendment and the these nominees to ensure that this the photograph of Brad Smith’s family Federal election laws, so there is a rich agency has a full complement of dedi- shown today on the floor only to make written record to review. Let’s start cated, talented Commissioners sworn a point that this nomination is cer- with one of his most bold statements. to uphold the laws on the books. tainly not analogous to treatment that In a 1997 opinion in the Wall Street It is time to get on with the work of has been given to judicial appoint- Journal, Professor Smith wrote the fol- the Senate to reform our campaign fi- ments, where we have had to wait for lowing: nance laws and give the FEC the re- years and years for a confirmation When a law is in need of continual revision sources it needs —both financially and vote. Mr. Smith was just nominated a to close a series of ever changing ‘‘loop- statutorily—to restore the public’s couple of months ago. So this has not holes,’’ it is probably the law and not the confidence in our electoral system. been a long drawn out delay of his people that is in error. The most sensible re- form is a simple one: repeal of the Federal I yield the floor at this time. nomination that would do harm to him, his family, or anybody else. In Elections Campaign Act. The PRESIDING OFFICER. The fact, I rejected that kind of approach That is right. The man who we may Chair recognizes the Senator from Ken- to his nomination because, as far as I be about to confirm for a seat on the tucky. know, Professor Smith is a perfectly Federal Election Commission believes Mr. MCCONNELL. Mr. President, let reasonable man in terms of his integ- the very laws he is supposed to enforce me say briefly to the ranking member rity and his academic ability and the should be repealed. Thomas Jefferson of the Rules Committee, I listened like. He deserved a vote on the floor said we should have a revolution in carefully to his statement. I thank him and he is going to get it, a lot faster this country every 20 years. He be- very much for respecting the process than many judicial nominees that lieved laws should constantly be re- by which we have selected our nomi- President has sent to us. vised and revisited to make sure they nees for the Federal Election Commis- The problem is that Professor are responsive to the needs of citizens sion. He made it clear that, had the Smith’s views on Federal election laws at any given time. Yet Professor Smith choice been his, he would not have as expressed in Law Review articles, sees the need for closing a loophole in picked Professor Smith. I will make it interviews, op-eds, and speeches over the Federal elections laws as evidence clear a little later that had the choice the past half decade are startling. He that the whole system, the whole idea been mine, I would not have picked should not be on the regulatory body of campaign finance reform laws, Commissioner McDonald. This is the charged with enforcing and inter- should be completely scrapped. In way the FEC is supposed to work. I preting those laws. other words, what would be the purpose thank my colleague for honoring that So when words are used on the floor of the Federal Elections Commission tradition. such as ‘‘vilification,’’ or questioning under his view of the world? The PRESIDING OFFICER. Under his integrity, or any other excuse not A majority of both the House and the the previous order, the Senate is to re- to get to the real issue, I have to Senate have voted to close the loophole cess at 12:30. strongly object. This debate is simply in the law known as soft money. We on the merits of what Professor know that loophole is undermining Mr. FEINGOLD. Mr. President, I ask Smith’s views are of what the election public confidence in our elections and unanimous consent that I be recog- laws are or should be. our legislative process. We have seen nized at that point to use such time as Over the course of the debate—and I that loophole grow until it threatens I am allotted. note that a number of my colleagues to swallow the entire system. Many The PRESIDING OFFICER. Without will be joining me on the floor to set Members think it already has. A ma- objection, it is so ordered. out the case against Professor Smith— jority of the Congress wants to fix that we will explain, and I hope convince, problem. We are willing to legislate to f our colleagues and the public that this improve an imperfect system. But Brad nomination has to be defeated. Smith wants to junk the system en- RECESS Let me again make it clear, because tirely and let the big money flow, with- I think there was some attempt to sug- out limit. The PRESIDING OFFICER. Under gest the opposite, that I hold no per- So what are we doing? We are about the previous order, the Senate will now sonal animus towards Professor Smith. to put somebody with that view on the stand in recess until the hour of 2:15 It is not a matter of personality. I am body charged with enforcing laws we p.m. sure he is a good person. I do not ques- pass. I don’t think this makes any Thereupon, at 12:49 p.m., the Senate tion his right to criticize the laws from sense. recessed until 2:15 p.m.; whereupon, the his outside perch as a law professor and Another statement by Professor Senate reassembled when called to commentator. But his views on the Smith that I think should give us order by the Presiding Officer (Mr. very laws he will be called upon to en- pause, in a policy paper published by INHOFE). force give rise to grave doubt as to the Cato Institute, for whom Professor

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4262 CONGRESSIONAL RECORD — SENATE May 23, 2000 Smith has written extensively, he says none. Congress need not concern itself Back home if I said that at any town the following: with that issue at all, apparently. In an meeting that is a laugh line. Ameri- The Federal Election Campaign Act and its interview at MSNBC he said: I think cans scoff at the notion that big money various State counterparts are profoundly we should deregulate and just let it go. is not corrupting our system. undemocratic and profoundly at odds with That is how our politics was run for The Supreme Court held, and by the the First Amendment. over 100 years. way, this wasn’t a narrowly divided Su- Of course, this is consistent with his Think about what this is. We are ask- preme Court decision in the Shrink views that the Federal Election Cam- ing somebody to enforce our election Missouri case. This was a 6–3 decision, paign Act should be repealed. The FEC laws who says, literally, ‘‘just let it with a majority containing four Jus- has loopholes and doesn’t work. Not go.’’ That is some enforcement. Pro- tices appointed by Republican Presi- only that, it is profoundly undemo- fessor Smith would have us go back to dents including Chief Justice cratic and profoundly at odds with the the late 19th century before Theodore Rehnquist. The Supreme Court held as first amendment. Roosevelt pushed through the 1907 Till- follows: How can a member of the FEC, how man Act and prohibits corporate con- Buckley demonstrates that the dangers or can Brad Smith, reconcile those views tributions to Federal elections. large, corrupt contributions and the sus- with his new position as one of six indi- The limits on contributions from in- picion that large contributions are corrupt viduals responsible for enforcing and are neither novel nor implausible. The opin- dividuals to candidates—the very core ion noted that the deeply disturbing exam- implementing the statute and any fu- of the campaign finance law that the ples surfacing after the 1972 election dem- ture reforms that Congress may pass? Supreme Court upheld in Buckley v. onstrate that the problem of corruption is He has shown such extreme disdain in Valeo and again in Nixon v. Shrink not an illusory one. his writings and public statements for Missouri Government PAC—Brad ‘‘The problem of corruption is not an the very law he would be charged to en- Smith would junk these provisions illusory one,’’ said the Court. The Su- force that I just don’t think he should along with the very statute that cre- preme Court got it 25 years ago. Brad be entrusted with this important re- ated the FEC, the body on which he Smith still doesn’t believe it. Professor sponsibility. now seeks to serve. Smith says: ‘‘Money’s alleged cor- Let me repeat, this nominee says Professor Smith thinks that con- rupting influence are far from proven.’’ that the Federal Election Campaign tribution limits are expendable be- That’s what this debate is all about, Act is profoundly undemocratic and cause, in his view, the concerns about Mr. President. If someone can’t even profoundly at odds with the first corruption are just overblown. see the danger in unlimited contribu- amendment. Every bit of it. I am sure Let’s look at what Mr. Smith has to tions, how can he adequately fulfill his this body doesn’t agree. Is it pro- say about that: He wrote in a 1997 law duties as an FEC commissioner? foundly undemocratic to believe that review article: The campaign finance laws are not the tobacco companies, the pharma- Whatever the particulars of reform pro- undemocratic. They are not unconsti- ceutical companies, and the trial law- posals, it is increasingly clear that reformers tutional. They are essential to the yers shouldn’t be pouring money into have overstated the government interest in functioning of our democratic process campaigns through the parties, while the anticorruption rationale. Money’s al- and to the faith of the people in their they seek to influence legislation that leged corrupting influence are far from prov- government. As the Supreme Court affects their bottom lines? Is it pro- en. said in the Shrink Missouri case: foundly undemocratic to believe that Well it just so happens, Mr. Presi- Leave the perception of impropriety unan- $20,000 per year is enough for a wealthy dent, that the U.S. Supreme Court swered, and the cynical assumption that person to be able to contribute to a po- doesn’t agree. Just a few months ago, large donors call the tune could jeopardize litical party? Is it profoundly undemo- the Supreme Court issued a ringing re- the willingness of voters to take part in cratic to argue that the spending of affirmation of the core holding of the democratic governance. Democracy works Buckley decision that forms the basis ‘only if the people have faith in those who outside groups to attack candidates govern, and that faith is bound to be shat- should be reported? That the public has for the reform effort. The Court once tered when high officials and their ap- a right to know the identities and fi- again held that Congress has the con- pointees engage in activities which arouse nancial backers of groups that run vi- stitutional power to limit contribu- suspicions of malfeasance and corruption. cious, negative ads against candidates tions to political campaigns in order to Now, in the wake of that clear dec- just weeks before an election? protect the integrity of the political laration by the Court, how can Bradley I, for one, take great pride in being a process from corruption or the appear- Smith continue to rationalize the gut- strong defender of the first amend- ance of corruption. In upholding con- ting of the Federal Election Campaign ment. I wouldn’t vote for a bill that tribution limits imposed by the Mis- Act? And how can we allow him the was ‘‘profoundly at odds with the first souri Legislature, Justice Souter wrote chance to carry it out as a member of amendment,’’ and I don’t think my col- for the Court: the FEC? leagues, who form a majority of the [T]here is little reason to doubt that some- We need FEC Commissioners who un- Senate in support of campaign finance times large contributions will work actual derstand and accept the simple and reform, would either. But we are being corruption of our political system, and no basic precepts about the influence of asked to confirm to a seat on the body reason to question the existence of a cor- money on our political system that the that will implement these laws some- responding suspicion among voters. Court reemphasized in the Shrink Mis- one who views these laws and our views Mr. Smith thinks the dangers of cor- souri case. We need FEC Commis- as totally illegitimate. ruption are overblown. The Supreme sioners who believe in the laws they Professor Smith does believe, appar- Court says they are obvious. Professor are sworn to uphold. We need FEC ently, that disclosure is a good thing, Smith’s disdain for campaign finance Commissioners who will be vigilant for but that is all the regulation he wants reform is so great that he won’t even efforts to evade the law, to avoid the to see in our elections. admit the most basic fact about our po- clear will of the Congress. We need FEC In another article, Professor Smith litical life. That at some point, in some Commissioners who will be alert to the writes: I do think that Buckley is prob- amount, contributions can corrupt. Or development of new and more clever ably wrong in allowing contribution at least they look like they corrupt, loopholes, tricks by candidates or par- limits. He believes and he reaffirmed which the Supreme Court recognized is ties or advocacy groups to avoid con- this belief in the hearings on his nomi- just as good a reason to limit contribu- stitutionally valid limits on their ac- nation held by the Rules Committee tions to politicians. The appearance of tivities or requirements that they op- that contribution limits are unconsti- corruption, Mr. President. We all know erate in the light of day. We do not tutional. Professor Smith’s view, as it’s there. We hear it from our con- need FEC Commissioners who have an quoted by the Columbus Dispatch, is stituents regularly. We see it in the ideological agenda contrary to the core that people should be allowed to spend press, we hear about it on the news. rationale of the laws they must admin- whatever they want on politics. What- But Brad Smith says the corrupting ef- ister. ever they want. He thinks there is no fect of money on the legislative process As any American who has been problem with unlimited contributions, is far from proven. watching ‘‘The West Wing’’ in recent

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4263 weeks knows, nominees to the FEC system, and they are antithetical to rent law. But the Senate is being asked come in pairs, one Democratic, one Re- everything that is necessary for a func- to confirm a nominee with just that publican. And the members of the Com- tioning democracy. perspective. mission by tradition are suggested by But before I make my case that the If the FEC were simply an empty ves- the congressional leadership to the Senate should reject this nomination, sel, mindlessly executing the will of President. Now it would be a pipe let me say this. I have met Mr. Smith the Congress as stated in the Federal dream to think that the President and found him to be an earnest and Election Campaign Act, Mr. Smith’s would actually nominate two Commis- learned advocate of his point of view. I extreme views would be trouble sioners at once who favor campaign fi- have no reason to question Mr. Smith’s enough. But that isn’t how the system nance reform, as has happened on TV. honor or his intentions and even his works. And, in fact, the FEC has con- No, for reality to imitate art to that harshest critics do not make the claim siderable leeway in interpreting FECA extent that would be too much to hope that Mr. Smith does not have a strong when it issues rules. The following are for. But at least we shouldn’t put the technical understanding of the law. He three examples of how a person with foremost academic critic of the elec- seems to be a good guy, so this is not Smith’s attitudes about the law could tion laws on the Commission. Surely personal and I hope that he does not do a lot of damage to the integrity of the Republican leadership can suggest take my criticisms personally. But I do the system of regulations that govern another qualified individual for this feel that given Mr. Smith’s views, he is election spending: post who doesn’t believe the election a poor fit for this job. No. 1. Redefining ‘‘coordination’’— laws should be repealed. Mr. Smith is a very vocal and articu- Under current law, contributions to We all know this nomination was late critic of current election law—to candidates are limited, but inde- made as part of an agreement to get a say nothing of the various reform pro- pendent spending is unlimited. In order vote on the confirmation of another posals introduced by members of this to avoid evasion of the contribution presidential nominee last year. I am body. In fact, Mr. Smith is widely re- limits, the law specifies that any sorry that the Senate’s great responsi- garded as one of the foremost critics of spending that is done in coordination bility to advise and consent to nomina- the current campaign finance system. with a candidate counts as a contribu- tions has become a game of political He has written numerous articles on tion to the campaign. However, the horse trading. In the end, I think the the subject, he has frequently appeared FEC currently is considering a pro- country suffers when these kind of before Congressional Committees, sat posed rulemaking that would define games are played, but I know it goes on panels and has appeared on tele- ‘‘coordination’’ so narrowly as to make on, and I did not stand in the way of vision. Throughout the body of his it meaningless. Under the proposed this most recent agreement to bring writings and public appearances he has rule, there would be no coordination Mr. Smith to a vote as part of a larger been consistent: He believes the Fed- unless the FEC could prove that a can- package of nominations. But we still eral Election Campaign Act is unwork- didate specifically requested an ex- have a duty of advise and consent on able, unconstitutional, and undemo- penditure, actually exercised control cratic. each nomination, and I ask my col- over the expenditure, or reached an ac- Mr Smith takes the argument one leagues to take a very hard look at this tual agreement with the candidate con- step further: he is an aggressive pro- cerning the expenditure. This rule- particular nomination and after doing ponent of near complete deregulation so I hope you come to the conclusion to making, if approved, would open a mas- of the campaign finance system and be- sive loophole that would enable a vote no. lieves that nearly any attempts to reg- The public is entitled to FEC Com- spender to maintain high level con- ulate the relationship between money missioners who they can be confident tacts with a campaign and still claim and elections is folly. For example, in a will not work to gut the efforts of Con- to be acting independently. This is a 1997 Georgetown Law review article gress to provide fair and democratic prime example of how a Commissioner Mr. Smith states quote: rules to govern our political cam- can eviscerate the law while claiming I have previously argued at length that paigns. The time has come for the Sen- to enforce it. campaign finance regulation generally No. 2. Neglecting to close the ‘‘soft ate to say no. The nomination of Brad makes for bad public policy. Campaign fi- Smith should not be approved. nance regulation tends to reduce the flow of money’’ loophole—Soft money—which I reserve the remainder of my time information to the public, to favor select the Senate has spent years trying to and I yield the floor. elites, to hinder grass roots political activ- ban—was basically ‘‘created’’ by an Mr. WELLSTONE. Mr. President, I ity, to favor special interests, to promote in- FEC interpretation of the law. Re- rise today to join my colleague, Sen- fluence peddling, and to entrench incum- cently, a complaint filed by five mem- ator FEINGOLD, and strongly oppose the bents in office. bers of Congress and a separate com- nomination of Bradley A. Smith to the I don’t want to belabor this point. plaint filed by President Clinton have Federal Election Commission. Mr. Other colleagues are speaking to this urged the FEC to close the ‘‘soft Smith has no confidence in federal issue and in all honesty it’s the least of money’’ loophole administratively. The election law, indeed he believes it to be my objections to the nomination. But FEC’s Office of General Counsel has ‘‘undemocratic’’ and ‘‘unconstitu- in all I would simply say this to my submitted a notice of proposed rule- tional.’’ As a member of the FEC he colleagues: I cannot remember a time making which outlines the steps that will have the opportunity to put those when this body confirmed a nominee— the Commission can take to close the views into practice and actually shape for any executive position—who’s own ‘‘soft money’’ loophole if it so chooses. election law through rulemaking. But views were so completely at odds with Brad Smith’s view that it is unconsti- worst of all, Mr. Smith doesn’t just dis- the law he was meant to uphold. Mr. tutional to prohibit ‘‘soft money’’ agree with the law, he disagrees with Smith claims that his own strong opin- makes it likely that he would reject a the express purpose of the law—lim- ions notwithstanding he can and will recommendation from the General iting the corrupting influence of money enforce the law. Still, I don’t see how Counsel to close the ‘‘soft money’’ in politic. An FEC nominee who’s own he can be true to both the law and his loophole. personal beliefs and philosophies are so convictions. He will be responsible for No. 3. Regulation of election-related at odds with the purposes and author- administering a law that in his view activity over the internet—The FEC is ity of the Federal Election Campaign that pose a threat to ‘‘political lib- currently considering the whole range Act should be rejected by a pro-reform erty.’’ He will be appointed to perpet- of issues raised by the use of the inter- Congress. uate a system that he feels was made net to conduct political activity. This I oppose the Smith nomination not ‘‘more corrupt and unequal’’ by the is a largely uncharted area, and the only because his philosophies are anti- Federal Elections Campaign Act. current and future FEC Commissioners thetical to present law, but because I Speaking for myself, I would not want will play an important role in deter- believe they are antithetical to broad to be charged with enforcing a law that mining how internet communications political participation, to lowering the is antithetical to everything I know will be treated under the law. Brad price of access to the legislative proc- about politics, democracy, and good Smith’s view that the federal govern- ess, restoring Americans faith in our government—as Smith feels about cur- ment should scrap all of its campaign

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4264 CONGRESSIONAL RECORD — SENATE May 23, 2000 finance reform efforts can be expected serts that money plays a role but only the war for millions of dollars in campaign to strongly color his policy judgment on ‘‘technical issues that arouse little contributions—along with the lobbyists who about what regulations the FEC ulti- public interest’’—but worse, doesn’t abetted the process. A final note. While mately should issue in this area of the Lindner (owner of Chiquita banana) had seem to be concerned about it! many areas of political interest beyond his law. It does not appear to matter to Brad battle with the European Union, a partial ac- I want my colleagues to be clear on Smith that money affects the process counting of the flow of his dollars during the this point: This nominee is no empty on those issues that outside of the pub- Great Banana War—as measured by con- vessel. He will have the opportunity to lic attention! Well with all due respect, tributions of $1,000 or more—as well as lob- actually shape election law through most of what we do takes place below bying expenditures on the war, shows: Re- rulemaking—colleagues shouldn’t kid the surface here! We pass bills with publicans—$4.2 million, Democrats—$1.4 mil- themselves that FEC commissioners scores of obscure provisions, hundred of lion Washington lobbyists—$1.5 million. can just ‘‘follow the law’’ and that pages long. No one knows what they all Just look at the bankruptcy bills their personal biases don’t matter. An do, we can’t know. We vote on them passed by the House and the Senate. anti-campaign finance law Commis- without knowing. It is there that the I’m told Committee staff refer to the sion, can promote anti-campaign fi- system is most ripe for abuse, where provisions based on which industry nance law rules. the greatest potential exists for those ‘‘paid’’ for them. This provision is for Mr. President, I do want to take with the money, the clout, the access the credit card companies, this one for some time to get to the heart of my ob- to game the system, but Mr. Smith the real estate industry, and so on it jection to the Smith nomination: He isn’t much worried about it. goes. As the Wall Street Journal noted doesn’t just disagree with the law, he I agree with Smith that it is the on April 20 in an article entitled disagrees with the express purpose of small, stealth provisions which are ‘‘Bankruptcy Reform Pits Industries the law. The express purpose of the most likely to appear or disappear be- Against Each Other’’: Federal Election Campaign Act is to cause of money. But where I strongly Lawmakers like to portray the battle over limit the disproportionate influence of disagree with Smith is that I believe bankruptcy reform as a clash of principles: wealthy individuals and special inter- stopping debtors from shirking their obliga- that this is a problem. It should be ab- tions or creditors from fleecing the needy. est groups on the outcome of federal errational, not typical. I think it’s out- But in the back rooms of Capital Hill, the elections; regulate spending in cam- rageous that because a person is in a nature of the fight changes. Industry lobby- paigns for federal office; and deter position to donate $200,000 to the NRSC ists, many ostensibly allied in favor of bank- abuses by mandating public disclosure or the DSCC that person is in a posi- ruptcy overhaul legislation, vie to carve out of campaign finances. Mr. Smith tion to dictate policy—regardless of as many favors for their clients as possible doesn’t just quibble with how the law how obscure. I think it’s wrong that a at the expense other business groups. These achieves those goals, he disagrees with line in a bill can be bought and paid for contests pit auto companies against credit those goals completely! Mr. Smith be- card issuers, retailers against Realtors and with a campaign contribution. I think the Delaware bar against lawyers from the lieves that money—regardless of how it’s wrong that a patent extension or rest of the U.S. much or where it comes from—has no favorable tariff treatment is up for Again, the major political parties corrupting or disenfranchising influ- sale. Because the matters are obscure, seem to be the major winners in all of ence on elections. they are even more ripe for abuse. I For example lets look at what Smith this (well, aside from the lenders)—and won’t speak for my colleagues, but I’d certainly not low and moderate income wrote on the effect of money on how like the Commissioners on the FEC to the Congress conducts its business, on debtors. Contributions from the lend- be concerned with these abuses. ing industry to both parties since 1997 what gets considered and what doesn’t, For example, I point my colleagues on who has power and who does not. tops $20 million. to an excellent article in the February But that doesn’t much concern Mr. This is from ‘‘The Sirens’ Song: Cam- 7 issue of Time magazine entitled ‘‘How Smith, the man who would be in charge paign Finance Regulation and the First to Become a Top Banana’’ by Donald of enforcing our campaign finance Amendment.’’ Smith argues: Barlett and James Steele. This article laws. If campaign contributions have any mean- details how it came to pass that the Smith even argues even more explic- ingful effect on legislative voting behavior, U.S. government imposed 100% tariffs it appears to be on a limited number of votes itly that tying legislation to campaign on obscure European imports in an on- contributions is not necessarily a bad that are generally related to technical issues going attempt to force the European arousing little public interest. On such thing. Or at least that being attentive issues, prior contributions may provide the Union to allow market access for to campaign contribution will make contributor with access to the legislator of Chiquita Bananas. As the article notes, politicians more attentive to the pub- legislative staff. The contributor may then the U.S. Trade Representative imposed lic. He argues in ‘‘A Most Uncommon be able to shape legislation to the extent tariff rates on products essential to the Cause’’: that such efforts are not incompatible with economic health of several U.S. small What reformers mean by corruption is that the dominant legislative motives of ide- businesses to promote the interests of legislators react to the wishes of certain con- ology, party affiliation and agenda, and con- a firm who does not even grow its ba- stituents, or what, in other circumstances, stituent views. Whether the influence of nanas in the United States. As it turns might be called ‘responsiveness.’ The reform- campaign contributions on these limited ist position is that legislators shape their issues is good or bad depends on one’s views out, campaign contributions may have votes and other activities based on campaign of the legislation. The exclusion of knowl- played a big role. The article con- contributions. They call this corruption. edgeable contributors from the legislative cludes: Money dominates the policy making process, process can just as easily lead to poor legis- So what does the battlefield look like as they argue, unfairly frustrating the popular lation with unintended consequences as their the Great Banana War’s tariffs approach will. . . . For one this, it is proper, to some inclusion. But in any case, it must be their first anniversary? Well, the operators extent, for a legislator to vote in ways that stressed that such votes are few. of some small businesses, like Reinert, are will please constituents, which may, from limping along from month to month. Other Let me explain what I find so chilling the legislators viewpoint, have the beneficial small-business people are filing fraudulent about this statement. It would be one effect of making those constituents more Customs documents to escape payment. thing if Mr. Smith argued that money likely to donate to the legislators re-election Other businesses are doing just fine because campaign.’’ had no effect on policy. That regardless their suppliers in Europe agreed to pick up of the endless anecdotes and personal the tariff or it applies to just a small per- But who does it make them more at- testimonials of members of Congress centage of the goods they sell. In Europe as tentive to? The wealthy, the heavier past and present, that having lots of in America, small businesses have been hitters, the tiny proportion of the pop- money on your side buys you no extra harmed by the U.S. tariffs. Larger companies ulation who can make substantial con- influence in Congress. Some members have been mostly unaffected. And the Euro- tributions to candidates. Again, the of this body take that position. I think pean Union has kept in place its system of fact that Smith admits this is the case it’s wrong, I think it’s naive, I think quotas and licenses to limit Chiquita ba- is not surprising. Many critics of pri- nanas. Who, then, is the winner in this war? the American people see through it. In That’s easy. It’s the President, many mem- vate money in politics draw the same other words, it would be bad enough if bers of Congress and the Democratic and Re- conclusion. What colleagues should that was Smith’s view. But isn’t. He as- publican parties—all of whom have milked find outrageous is that Smith, again,

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4265 sees nothing wrong with this relation- pacts the legislative process, you are symbolic, political speech in of itself. ship. one of two things: You are either a de- This argument, I should point out to It is the money in politics which has fender of a political oligarchy of the colleagues, goes way beyond the Su- stripped away from many Americans wealthy and well-heeled or you believe preme Court’s linkage between speech the capacity to have one’s vote weigh that this money, this power, is distrib- and money in Buckley. Smith argues: as much as the person in the next poll- uted equally throughout society. To be The Court’s rationale that contribution ing booth, to have a vote in the South fair to Smith, he genuinely seems to limits only ‘‘marginally’’ burden First Central, LA to be worth as much as a hold the latter view. But while this amendment rights is suspect on its own and vote in Beverly Hills. The vote is un- might be a less cynical reason to be at odds with the traditional First Amend- dermined by the dollar. The vote may comfortable with money influencing ment right of association. The Court was be equally distributed, but dollars are correct that the size of a contribution does politics, he’s still flat out wrong. In not express the underlying basis of support, not. As long as elections are privately fact, he has it completely backward. but wrong when it held that it involved ‘‘lit- financed, those who can afford to give The picture of those who contribute tle direct restraint on political communica- more will always have a leg up—in sup- the vast majority of money to can- tion.’’ Is not a substantially different mes- porting candidates, in running for of- didates under the current contribution sage communicated when a local merchant fice themselves, and in gaining access limits does not look like America, it is pledges $10,000 to one charity (or political and influence with those who get elect- overwhelmingly white, male, and campaign) and just $25 to another? In such ed. We all know this is the way it wealthy. A study conducted of donors an instance, is it not the size of the dona- works. And the American people know tion, rather than the act of donating, that in the ‘96 election found the following sends the strongest message to the commu- it, too. characteristics of such donors: 95 per- nity? It is true that the basis of support for Bizarrely, though, Smith argues that cent were white, 80 percent were male, the cause (or candidate) remains vague, yet wealth, and therefore the ability to af- 50 percent were over 60 years of age and the message in each gift is substantially dif- fect elections is distributed equitably 81 percent had annual incomes of over ferent. enough through out our society that $100,000. The population at large in the Combined with the fact that only a the inordinate influence of money is United States had the following char- tiny percentage of voting citizens are not inordinately concentrated among a acteristics at that time: 17 percent was making large hard money contribu- small subset of the population. In a non-white, 51 percent were women, 12.8 tions (much less truly massive soft 1997 piece entitled ‘‘Money Talks: percent were over 60, and only 4.8 per- money contributions) Smith is advo- Speech, Equality, and Campaign Fi- cent had incomes over $100,000. cating for a system where much polit- nance’’ Smith states: For example, the organization Public ical speech is effectively closed to most Very few citizens have the talent, physical Campaign found that during the 1996 Americans because they can’t muster and personal attributes, luck of time and elections, just one zip code—10021, in the means to make a send a loud ‘‘mes- place, or wealth to influence political affairs New York City—contributed $9.3 mil- sage.’’ substantially. Thus a relatively small num- lion. There are only 107,000 people in If money equals speech, we can clear- ber of individuals will always have political ly see who we are letting do all the influence far exceeding that of their neigh- that exclusive slice of Manhattan real bors. However, to the extent that wealth estate and the vast majority (91 per- talking—or at least those are the folks (however that might be defined) than there cent) are white. On the other side of that we’re listening to. The hopes, are citizens capable of running a political the lop-sided equation are 9.5 million dreams, concerns, and problems of the campaign, producing quality political adver- residents of the 483 U.S. communities vast majority of the American people tising, writing newspaper editorials, coach- that are more than 90 percent people of are going unheard because the bullhorn ing voice, and so on. In other words, it may color. They gave $5.5 million. Are these of the $1,000 contribution drowns them be true that more people are ‘‘good looking’’ groups equal before the law? out. Why would be want to make that than rich, it may be true that more people bullhorn bigger and louder? Why would are ‘‘educated’’ than rich. However, the num- Additionally, Only a spectacularly ber of people capable of meaningful non- small portion of U.S. citizens con- we want to give greater access and monetary contributions to a political cam- tribute more than $200 to political more control to those who already paign—that is the type of contribution that campaigns. In the first half of 1999: have it locked up? But that is the di- will give the individual some extra say in Only 4 out of every 10,000 Americans rection that this FEC nominee would policy-making—is much smaller than the (.037%) has made a contribution greater than see us go in. group of monied people. $200. Like Smith, I too am a critic of our I frankly think this argument is ri- As of June 30, 1999 only .022% of all Ameri- mechanism for financing of elections. diculous and insulting. It suggests that cans had given $1000 to a presidential can- This current system of funding con- if you’re not a $500 an hour consultant didate. gressional campaigns is inherently telling the candidate to wear earth In the ‘98 election, .06% of all Americans anti-democratic and unfair. It creates tones, if you’re not a big name pollster gave $1000, or 1 in 5000. untenable conflicts of interests and you can’t make a meaningful nonmone- So again, Smith has the argument screens out many good candidates. By tary contribution to a political cam- precisely backward, because so few can favoring the deep pockets of special in- paign. No one who has actually run for effectively participate through cam- terest groups, it tilts the playing field office would hold this view. Taken to a paign contributions it is inherently un- in a way that sidelines the vast major- logical extreme its effect would be to equal means of political participation. ity of Americans. But unlike Smith, I limit participation by those other than The fact that a few actors—big cor- support reforms that would expand po- the monied elite—the hundred of folks porations, Unions, the truly wealthy— litical participation. Unlike Smith I who volunteer at a phone bank, put up have nearly limitless funds to pour have no illusions that inequities in yard signs, or write letters to the edi- into races exacerbates the disparity be- wealth—in a system where wealth tor. My point is that almost everyone tween the average citizen and the rules—do not result in a distorted prod- has something to offer regardless of monied citizen. But other means of po- uct. how wealthy they are. litical participation are inherently In 1966 in the case of Harper versus But there is a larger point here; the limited—no matter who you are, there Virginia State Board of Elections, the fact that Brad Smith believes that are still no more than 24 hours in a day Supreme Court struck down a poll tax there are more people in America capa- or seven days in a week—do no one has of $1.50 in Virginia state elections. The ble of donating $1000 than there are that much of an advantage. Court stated in its decision that, quote, people who can take a few afternoons But Smith goes further than simply the ‘‘State violates the Equal Protec- to lick envelopes. I’m not sure where arguing that campaign contributions tion Clause of the Fourteenth Amend- Smith comes by this view but it obvi- can buy legislative favors, he argues in ment whenever it makes the affluence ously falls on its face. ‘‘Money Talks’’ that money is speech— of the voter or payment of any fee an Of course, it does explain where not in the sense that it buys speech or electoral standard. Voter qualifica- Smith is coming from. I mean, if you allows for getting out the candidates tions have no relation to wealth.’’ believe that money is speech and that message—but in the sense that making In 1972 in Bullock versus Carter, the campaign contributions profoundly im- a campaign contribution is an act of Court again faced the issue of wealth in

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4266 CONGRESSIONAL RECORD — SENATE May 23, 2000 the electoral process and again stated I wonder if anyone would bother to people can attack and people can raise that such a barrier was unconstitu- argue that the way we are moving to- money for the attack and what they tional. This time, the question con- ward a balanced federal budget is unaf- can do on the Internet. I do know Brad cerned a system of high filing fees that fected by the connection of big special- Smith’s view that the Federal Govern- the state of Texas required candidates interest money to politics? The cuts we ment should scrap all of its campaign to pay, in order to appear on the pri- are imposing most deeply affect those finance reform efforts can be expected mary ballot. The fees ranged from $150 who are least well off. That is well-doc- to strongly color his policy judgment to $8,900. umented. The tax breaks we offer ben- about what regulations the FEC ulti- The Court invalidated the system on efit not only the most affluent as a mately should issue in this area of law. Equal Protection grounds. It found group, but numerous very narrow For other colleagues who are think- that, with the high filing fees, quote: wealthy special interests. Does anyone ing of coming to the floor, I will not ‘‘potential office seekers lacking both wonder why we retain massive sub- take a lot more time. I will reserve the personal wealth and affluent backers sidies and tax expenditures for oil and remainder of my time. I want to put are in every practical sense precluded pharmaceutical companies? What forth a couple of points. from seeking the nomination of their about tobacco? Are they curious why First of all, Senator FEINGOLD and I chosen party, no matter how qualified we promote a health care system domi- have been in opposition. We were part they might be and no matter how en- nated by insurance companies? Or why of an agreement this nomination would thusiastic their popular support.’’ we promote a version of ‘‘free trade’’ come to the floor, but that has to do The ‘‘exclusionary character’’ of the which disregards the need for fair labor also with the ability to get a number of system also violated the constitutional judges considered. We certainly need to rights of non-affluent voters. ‘‘We and environmental standards, for de- mocracy and human rights, and for start voting on judges. would ignore reality,’’ the Court stat- I do not believe, I say to my col- ed, ‘‘were we not to find that this sys- lifting the standard of living of Amer- ican workers, as well as workers in the leagues, that these votes are inde- tem falls with unequal weight on vot- pendent of one another. I do not think ers, as well as candidates, according to countries we trade with? How is it that we pass major legislation that directly colleagues ought to be voting for Brad their economic status.’’ unquote. These Smith, the argument being that only if cases may have no literal legal impli- promotes the concentration of owner- ship and power in the telecommuni- he is so confirmed will judges pass. I do cations for our system, where deep not believe that is part of any formal pockets—either one’s own or one’s po- cations industry, in the agriculture agreement, and it should not be a part litical friends—are a prerequisite for and food business, and in banking and of any informal agreement. We ought success. But they do have a moral im- securities? For the American people, to vote on these candidates on the plication. how this happens, I think, is no mys- I do believe that in America’s elec- tery. basis of their qualifications. We ought tions today we have a wealth primary, For this reason, I support public fi- to be voting on them on the basis of a barrier to participation to those who nancing of elections. It is a matter of what it is we ask them to do in Govern- are not themselves wealthy or who common sense, not to mention plain ment. refuse to buy in to monied interests. Is observation, that to whatever extent While I respect Brad Smith’s intel- it an absolute barrier? No. Does it campaigns are financed with private lectual ability and while I like him as mean that every candidate for federal money, people with more of it have an a person—and I am not just saying office is corrupt? No. However, the advantage and people with less of it are that—I believe it would be a terrible price we pay is what the economists disadvantaged. mistake for the Senate to confirm him. would call the ‘‘opportunity cost.’’ It is I think most citizens believe there is It sends a terrible message of our view- a cost represented by lost opportuni- a connection between big special inter- point of the mix of money in politics ties, by settling for those who are most est money and outcomes in American and whether or not we are serious electable rather than those who are the politics. People realize what is ‘‘on the about any reform. best representatives of the American table’’ or what is considered realistic In many ways, this is the core prob- people. And I do not believe that in a here in Washington often has much to lem—the mix of money in politics. I be- system where money equals power, in- do with the flow of money to parties lieve we have moved dangerously close equality of wealth can be reconciled and to candidates. We must act to to a system of democracy for the few. with equality of participation. change this, but a vote for Smith is to Money has hijacked politics in this That, I say to my colleagues, is why move the FEC, and the debate over country. It is no wonder we see a de- I cannot support Mr. Smith’s nomina- campaign finance reform, in the oppo- cline in the participation of people in tion. And it isn’t that he is a critic of site direction. public life and politics. Most people be- the present system. Indeed I agree with Despite his obvious command of the lieve money dominates politics, and it Smith that fixing the system is not law, Brad Smith has shown himself does. fundamentally an issue of tightening through his writings to be completely I am in disagreement with Brad already existing campaign financing insensitive to the realities of political Smith. Money—other Senators can laws, no longer a question of what’s participation in America. He is smart come to the floor and disagree and de- legal and what’s illegal. The real prob- enough to know better. The Senate bate—determines all too often who gets lem is that most of what’s wrong with should send a message that it is smart to run. All too often it determines who the current system is perfectly legal. enough to know better too. I urge a no wins the election or who loses the elec- Many people believe our political vote. tion. All too often it determines what system is corrupted by special interest Recently, a complaint was filed by issues we even put on the table and money. I agree with them. It is not a five Members of Congress and a sepa- consider. All too often it determines matter of individual corruption. I rate complaint filed by President Clin- the outcome of specific votes on think it is probably extremely rare ton which urged the FEC to close the amendments or bills. All too often on a that a particular contribution causes a soft money loophole. Brad Smith’s lot of the details of legislation, special member to cast a particular vote. But view that it is unconstitutional to pro- interests are able to get their way. All the special interest money is always hibit soft money makes it likely he too often it is on the basis of some peo- there, and I believe that we do suffer will reject any recommendation from ple, some organizations, some groups under what I have repeatedly called a general counsel to close the soft money having way too much wealth and power systemic corruption. Unfortunately, loophole. and the majority of the people left out. this is no longer a shocking announce- Regulation of election-related activ- It is incredible to me. We have all be- ment, even if it is a shocking fact. ity on the Internet—the FEC is looking come so used to this system that we Money does shape what is considered at a whole range of issues that are have forgotten the ways in which it do-able and realistic here in Wash- based upon or deal with the use of the can be so corrupting, not in terms of ington. It does buy access. We have Internet to conduct political activities. individual Senators doing wrong be- both the appearance and the reality of Again, I do not know the potential for cause someone offers them a contribu- systemic corruption. all the abuses and the ways in which tion and, therefore, a Senator votes

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4267 this way or that way. I do not think lieve in, when he is asked to be there to There will be the McCain-Feingold that happens. I hope it does not hap- make decisions—FEC is not an empty bill. I will be pushing hard for the clean pen. I pray it does not happen. vessel, and he certainly is not an money-clean election effort. There are I will say this. We have the worst empty vessel—where key decisions are other people who have had ideas. I kind of corruption of all. It is systemic, going to be made about coordination, want us to come out here and get seri- and it is an imbalance between those soft money, and a whole set of issues ous about passing reform legislation. people who have all the financial re- that are dramatically important to We are not there yet; I know that. I sources and the majority of people in whether we have a democracy or not. think the mode of power for change is the country who do not. It is when too I cannot vote for him. I believe Sen- going to have to come from a citizen few of those people have way too much ators should oppose this nomination. I politics; a citizen politics will have to of the power and the majority of the do not know what the final vote will be the money politics. You will have to people feel left out. When that happens, be. Maybe there will be a majority vote have an engaged, energized, excited, there is such an imbalance of access, for him, maybe there will not. His empowered, determined citizen politics influence, say, and power in the coun- nomination is put forth at precisely that is going to force us to pass this re- try that the basic standard in a democ- the wrong time in the history of Amer- form legislation. racy that each person should count as ican politics in the country. In the meantime, I urge colleagues one, and no more than one, is seriously I say that because I believe people in not to vote for Brad Smith’s nomina- violated. this country yearn for change. Senator tion—not because he isn’t a good per- It is interesting, I point out for col- MCCAIN is on the floor. He will be son; he is—because of the basic philos- leagues, in the first half of 1999, just speaking later. His campaign certainly ophy he holds, the basic viewpoint he looking at the contributions, only 4 tapped into that. His campaign brought holds which is so antithetical to re- out of every 10,000 Americans, .03 per- that out in people. That is but one form. I think this is a test case as to cent, made a contribution greater than powerful example. whether or not we are serious about People would love to have a Govern- $200. As of June 30, 1999, .022 percent of the business of reform. I hope we vote ment they believe is their Government. all Americans had given $1,000 to a no. Presidential candidate. In the 1998 elec- They would love to have a Senate and I yield the floor. tion, .06 percent of all Americans gave a House of Representatives they be- The PRESIDING OFFICER (Mr. lieve belong to them. People right $1,000, and that was 1 in 5,000. CRAPO). The Senator from Arizona. This does not even take into account now—I have said it before in the Sen- Mr. MCCAIN. Mr. President, I rise in all the soft money contributions. This ate—believe that if you pay, you play, opposition to the nomination of Mr. does not take into account the $500,000 and if you don’t pay, you don’t play. Smith to the Federal Election Commis- Above and beyond this debate, I want and the $1 million contributions. What sion. I intend no personal aspersions us to get to the point where we make happens is that the vast majority of toward Mr. Smith, and I am sure he is some significant change. What is at people in the country—I am sorry, not a fine man. However, he should not stake on this whole reform question is just poor people who do not have finan- serve in the position to which he has basically whether or not we will con- cial resources—the vast majority of been nominated. Sending Brad Smith tinue to have a vibrant representative people in the United States of America to the FEC is akin to confirming a con- democracy. If your standard is that believe their concerns—for themselves, scientious objector to be Secretary of each person should count for no more their families, and their communities— than one, we have moved so far away Defense. It would be well to put the debate we are of little concern in the corridors of from that standard, it is frightening. power in Washington, DC, where they This may be a terrible thing to say are having today and for a short period see a political system and a politics on the floor of the Senate because I tomorrow in the context of what is dominated by big money and, there- love being a Senator. I will thank Min- going on as we speak. Tuesday, May 23, fore, really believe they are shut out. nesota for the rest of my life for giving from an LA Times article, ‘‘Democratic We have given them entirely too much me this chance. In many ways I think Fund-Raising King Has 26 Million Rea- justification for that point of view. we have a pseudodemocracy, a sons to Gloat’’. I do not see how in the world we can minidemocracy. We have participation, Brash, unapologetic Terry McAuliffe helps vote for Brad Smith, given how clear we have government of, by and for party raise ‘‘greatest amount of money he is in his opposition to reform. Given ever.’’ Critics decry ‘‘political extortion.’’ maybe about 20 percent or less of the Even on an average day, Terry McAuliffe is the positions he has taken which go in people. the exact opposite direction of believ- exuberant. But these days, the Democrats’ There are many things that need to fund-raising master can barely contain him- ing that money in any way, shape, or be done which can lead to democratic self. form can be corrupting of this political renewal. One of them is to get serious After six weeks of making 200 telephone system and corrupting of democracy, about the ways in which money has calls a day, attending happy-hour rallies we send a terrible message to people in come to dominate politics, the ways in with small time fund-raisers and wooing new this country if we vote for this nomi- which we now have the most severe im- high-dollar givers at intimate dinners, nee. balance of power we could imagine, McAuliffe is on track to raise $26 million at a blue-jeans-and-barbecue event at a down- Again, I am not all that excited which is dangerous to the very idea of about coming here and making these town sports arena Wednesday night—‘‘the representative democracy. greatest amount of money ever in the his- arguments, especially when it is about I want to see us move to a clean tory of American politics.’’ an individual person. I am not talking money-clean election. I love what Mas- Then, turning to leave for another dinner about Brad Smith; I am talking about sachusetts has done; I love what Ari- where he would woo a likely big-money con- his viewpoint. I think he is wrong. I zona has done; I love what Maine has tributor, McAuliffe added: ‘‘Get those check- would love to be in a debate with him. done; and I love what Vermont has books out!’’ I probably would have a tough time in done. I know other States want to do Although a $100,000 contribution was a a debate with him. He has a tremen- it. If I ever get the chance, I am going benchmark in the last presidential election, this time around fund-raisers are collecting dous amount of ability. It would be a to offer a bill or an amendment that scores of checks for $250,000 and more from fun debate. I would enjoy it. will say that every State should apply those who want to qualify as political play- The point is, you can respect some- clean money-clean election campaigns ers. one; you can say you would love to de- not only to their State races but to For Wednesday night’s event at Washing- bate somebody; you appreciate their Federal races, give the right to the ton’s MCI Center, no fewer than 25 people writing; you appreciate the speech they States as to whether or not they want raised or donated at least $500,000, McAuliffe have given; you appreciate the lecture to have essentially a fund people can said. they have given—I was a college pro- draw from—maybe everybody contrib- By March, unregulated ‘‘soft money’’ dona- tions to both parties were soaring, with fessor—but to see them on the Federal utes a few dollars a year—which en- Democratic totals nearly matching Repub- Election Commission is a different ables people to say: By God, these are licans for the first time. story when he is asked to implement our elections; our voice counts; no one Officials of both parties say that the the very laws he says he does not be- person and no one interest is dominant. record-setting inflow reflects enthusiasm for

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4268 CONGRESSIONAL RECORD — SENATE May 23, 2000 their candidates and their platforms, but the In fact, constitutional or not, campaign fi- paign finance laws operate on the directly reality is more complicated. nance reform has turned out to be bad pol- contrary assumption that campaigns are so ‘‘There is just raw greed on the part of the icy. For most of our history, campaigns were important that speech must be regulated. solicitors, and it is corrupting,’’ said Fred essentially unregulated, yet democracy sur- . . . The solution to the campaign finance di- Wertheimer, a longtime leader in the effort vived and flourished. However, since passage lemma is to recognize the flawed assump- to reform the nation’s campaign finance of the Federal Elections Campaign Act and tions of the campaign finance reformers, dis- laws. similar State laws, the influence of special mantle the Federal Elections Campaign Act, ‘‘When you’re dealing with $250,000 and interests has grown, voter turnout has fall- and the FEC bureaucracy, and take seriously $500,000 campaign contributions you are flat- en, and incumbents have become tougher to the system of campaign finance ‘‘regulation’’ ly dealing with influence -buying and -sell- dislodge.... that the Founding Fathers wrote into the ing and with political extortion.’’ Apparently, Mr. Smith lived in some Bill of Rights: ‘‘Congress shall make no law Faced with what many would consider a abridging the freedom of speech.’’ daunting task, the callers appeared driven by other nation during the Watergate a mix of humor, commitment, swagger and scandal, when unlimited amounts of Is Mr. Smith ignoring the fact that chutzpah. money would be carried around this President Theodore Roosevelt led the ‘‘I want to ask you a question,’’ McAuliffe town in valises, when corporations and fight to enact meaningful reform in told one donor on the phone. ‘‘If the world companies and individuals were lit- 1907? Is Mr. Smith ignoring the fact blew up tomorrow would you do 500?’’ mean- erally being extorted for money which that Republican majorities in Congress ing $500,000. ‘‘We should have gone for RFK,’’ McAuliffe was unaccounted for. Apparently, Mr. led the fight to prohibit union cam- bellowed, referring to the 50,000-seat stadium Smith missed the widespread, nation- paigns and corporate contributions to that once housed the NFL’s Washington Red- wide revulsion at these abuses, which American political campaigns? Is Mr. skins. brought about the campaign finance re- Smith ignorant of the fact that the But when one top DNC donor inquired form laws of 1974. Apparently, Mr. overwhelming majority of both Houses about getting a second table at the event, Smith was not seeking public office, as of Congress enacted comprehensive McAuliffe said, ‘‘For 500 grand, I think we could give him two tables. I was in 1982, when there was no such campaign finance reform in 1974? I In the few in-depth conversations . . . do- thing as soft money, where we had to stand proudly by Theodore Roosevelt nors seem more interested in talking about go out and raise small amounts of in believing the 1907 reforms were pet legislative issues than about the merits money from many, many donors, where valid. Mr. Smith does not. of the Democrats’ presidential nominee, AL we had to conduct the kind of grass- Apparently, Mr. Smith missed, or has GORE. roots campaign to which Americans not heard of, the recent decision of the Mr. President, that is the context in have grown accustomed. Perhaps Mr. U.S. Supreme Court which directly re- which we are considering the nomina- Smith was not aware that, until late pudiates Mr. Smith’s assertions. I also tion of a man who has written exten- into the 1980s, campaigns were con- find it curious that a person would hold sively and spoken, not very persua- ducted in a very different fashion than views that have been directly repudi- sively, on the fact of no regulation today. ated by the U.S. Supreme Court—not whatsoever concerning the role of Not recognizing any role that cre- holding their views as to the validity money in American politics. We know ative evasion of the laws has played in or his commitment to them, but cer- that the role of the FEC is to ‘‘admin- these results, Mr. Smith concludes his tainly it is hard for me to understand ister, seek to obtain compliance with, article by writing: how he would hold views that the U.S. and formulate policy with respect to’’ When a law is in continual revision to Supreme Court, in their appointed du- the Federal Election Campaign Act. close a series of everchanging ‘‘loopholes,’’ it ties, has ruled as constitutional. The FEC has the exclusive authority is probably the law, and not the people, that with respect to civil enforcement of is in error. The most sensible reform is a In one of the comments made by the the act. Clearly, then, it is obvious simple one— U.S. Supreme Court, in U.S. Supreme that FEC Commissioners should be I am quoting from Mr. Smith’s arti- Court decisions, at the end of part B, dedicated to the proposition of Federal cle in the Wall Street Journal: the U.S. Supreme Court goes out of its election regulation. Each Commis- The most sensible reform is a simple one: way to even mention Mr. Smith: sioner must be committed to ensuring repeal of the Federal Elections Campaign There might, of course, be need for a more a fair and open election process which Act. extensive evidentiary documentation if peti- is not tainted by the appearance of im- That is a remarkable statement, a re- tioners had made any showing of their own propriety. Each Commissioner must be markable statement, from one who is to cast doubt on the apparent implications of Buckley’s evidence and the record here, but prepared to—I emphasize—uphold the required in his new position to enforce the closest respondents come to challenging law and preserve its intent by prohib- the very law that he wants repealed. these conclusions is their invocation of aca- iting the use and proliferation of loop- Remarkable, Mr. President, remark- demic studies said to indicate that large con- holes. able. tributions to public officials or candidates do I do not believe Mr. Smith has a phil- Is someone who advocates a total re- not actually result in changes in candidate’s osophical commitment to upholding peal of the very law he would be enforc- positions. Brief for Respondents Shrink Mis- the intent of the law necessary to per- ing as a Commissioner the right person souri Government PAC; Smith, Money form the duties of an FEC Commis- for this job? Additionally, what job, Talks: Speech, Corruption, Equality, and sioner. In fact, Mr. Smith has been over time, does not need revision or re- Campaign Finance; Smith, Faulty Assump- tions and Undemocratic Consequences of highly critical of campaign reform. It authorization? I am pleased to be the Campaign Finance Reform. Other studies, is not that Mr. Smith simply disagrees chairman of the Commerce Committee. however, point the other way. with particular details of campaign fi- We spend a great deal of time reauthor- nance reform. He disagrees with the izing agencies of Government. That is Obviously, the U.S. Supreme Court basic premise that campaigns should be an important part of our duties be- did not agree with Mr. Smith’s conclu- regulated at all—a distinctly and cause time and circumstances and sions. If Mr. Smith were intellectually unique minority position in America— technology and issues change. For Mr. honest, he would note in his next up- or that campaign contributions play Smith to somehow condemn a law that holding of his view that his view has any part in public cynicism of our po- is as important as the Federal Election been directly repudiated by the U.S. litical system. Campaign Act because it needs to be Supreme Court. I read from a March 17, 1997, article reviewed, revised, and renewed, is, of Another example. In light of Senator that Mr. Smith wrote, published in the course, showing incredible ignorance of THOMPSON’s investigation in the 1996 fi- Wall Street Journal. It is entitled the way that Congress functions. nance scandal, the unfettered buying ‘‘Why Campaign Finance Reform Never Unfortunately, this is not an isolated and selling of influence, which the Works.’’ The title says it all in terms example. In January 1998, Mr. Smith Clinton-Gore campaign practiced, such of his philosophy. Apparently, Mr. authored an article for USA Today. In as overnight stays at the White House, Smith never heard of Theodore Roo- that article, he said: selling seats on foreign trade missions, sevelt. The First Amendment was based on the be- and receiving money from foreign gov- I quote from his article, Mr. Presi- lief that political speech was too important ernments, what Mr. Smith wrote in dent: to be regulated by the government. Cam- USA Today on July 8, 1997, was this:

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4269 Campaign reform is not about good govern- nounced the very laws he would be called case, the Republicans—appoint others. ment. It’s about silencing people whose upon to enforce, much less one who has The President still had the ability and views are inconvenient to those with power. called for the repeal of those laws and the the authority to reject this most ex- . . . The real campaign-finance scandal has abolition of the very agency he aspires to treme nominee for any position that I little to do with Senator Fred Thompson’s head. investigation. The real scandal is the brazen ‘Unthinkable. Yet, President Clinton, at have seen in my years here since 1987. effort of reformers to silence the American the urging of Senator Lott and Senator There is another point that I think is people. McConnell, has nominated Bradley A. Smith important. Why would someone who I have been around here a lot of to fill one of the vacancies on the Federal disagrees with campaign finance laws, years. An allegation of that nature, Election Commission. Brad Smith, a law pro- who believes they should be scrapped, fessor at Capital University Law School, has and who believes fundamentally they even though I have been here for some devoted his career to denouncing the FEC period of time, I find very offensive. I are unconstitutional—not just the per- and the laws it is entrusted to enforce in pre- sonal dislike but a firmly held tenet repeat what Mr. Smith said: cisely those strident terms. He believes that The real scandal is the brazen effort of re- virtually the entire body of the nation’s that all campaign finance laws should formers to silence the American people. campaign finance law is fundamentally be scrapped and are unconstitutional— I think the record is clear of not only flawed and unworkable-indeed, unconstitu- how in the world could you then expect my advocacy but my service to this tional. He has forcefully advocated deregula- someone to face a fundamental con- Nation on behalf of free speech, and tion of the system. And if the James Watt of tradiction of their basic beliefs that a campaign finance had his way, the FEC and law is unconstitutional and yet seek certainly to argue that those of us who its state counterparts, would do little more have a different opinion than Mr. the position where his sole duties are than serve as a file drawer for disclosure re- to enforce those laws? How Mr. Smith Smith are conducting a brazen effort to ports . . . silence the American people is obvi- Brad Smith’s sponsors and supporters are could even take an oath to uphold the ously something that not only do I find floating the myth that it is campaign fi- same laws of which he has time and offensive, but something that I find nance reformers, rather than Smith, who are again rejected and advocated their re- disqualifying in Mr. Smith. the radicals on these issues. However, the peal is a mystery. It is clear that Mr. Smith believes Supreme Court only last month in Shrink What does that say? Either he is will- there is no such thing as appropriate Missouri cited two of Smith’s academic arti- ing and able to cast aside lifelong be- cles by name in its opinion and then repudi- liefs and principles in order to hold a campaign finance reform. He believes ated his view that there is no danger of cor- that all campaign contributions, spend- prestigious position or he is less than ruption or the appearance of corruption from sincere in undertaking enforcement of ing, and influence peddling are pro- large campaign contributions. However, we tected without limitation. He has advo- do not need the U.S. Supreme Court to tell campaign reforms or enforcing existing cated time and again the repeal of the us that Brad Smith is a radical, who is out law. very law he would be sworn to uphold of step with the mainstream. In his own President Reagan once said no to a and enforce. How can we seriously con- words, when he was approached about serv- Democrat whose name was submitted. sider confirming his nomination to ing on the FEC, Smith stated: ‘My first President Clinton could have done the thought was ‘‘they’ve got to be just looking serve as a Commissioner? same. I say, shame on you, Mr. Presi- at me put my name on the list so that who- dent, for not rejecting this name. I would like to say a word about his ever they really want will look less radical.’’ really inappropriate remarks about Let me be perfectly clear that I do Even Smith did not believe, at first, that the not oppose Mr. Smith simply because Senator FRED THOMPSON’s advice. Sen- Republicans would seriously put forward his he disagrees with my proposed legisla- ator FRED THOMPSON’s investigation name for this position because his views are got into some very serious issues, such so extreme. . . tion. Many of my closest friends take as breach of national security, such as Brad Smith and his supporters have as- issue with aspects of McCain-Feingold. foreign influence peddling, such as un- serted that, although Smith personally dis- I respect the opinion of others, and I agrees with much of the law, he can never- limited amounts of money coming in respect the right of Mr. Smith to hold theless be counted on to faithfully enforce it. a view contrary to mine. It is because from foreign nations to influence our One is forced to ask, however, why an aca- political process. Whether most Ameri- he objects to any form of campaign fi- demic who has made his career by criticizing nance regulation that I oppose him. cans believe Senator THOMPSON’s con- the nation’s election laws would want the If you took a poll of the 100 Members clusions were correct, I think they cer- job of stoically enforcing those laws? The an- of this body, I don’t think you would tainly agreed it was an appropriate ac- swer, of course, is that Brad Smith recog- find more than perhaps 1 who would tion. In fact, it was agreed to by both nizes that federal election law, like any com- hold the view that Mr. Smith does. My Republicans and Democrats that Sen- plex regulatory regime, is open to interpre- tation and it is the process of interpretation friends on both sides of the aisle at ator THOMPSON’s investigative hearings that gives the law its meaning. Brad Smith’s least say we need some form of cam- take place. goal, whenever there is any room for inter- Mr. Smith says, ‘‘The real scandal is paign finance reform. Most are of- pretation, will doubtless be to allow federal fended by this latest loophole called the brazen effort of reformers to si- campaign finance law to whither on the vine. lence the American people.’’ That is a And any member of Congress that supports 527. Most find it egregious that we now remarkable statement among many re- additional campaign finance regulations— have $500,000 contributors. Most of markable statements Mr. Smith has such as McCain-Feingold or Shays-Meehan, them believe the money chase has made. should be very troubled by the prospect that lurched out of control to the point Others are equally concerned about the rules and regulations governing their im- where, by actual acts of commission Mr. Smith’s suitability to serve on the plementation might be drafted by such an and omission, young Americans have arch-nemesis of those reforms. FEC. The Brennan Center for Justice become cynical and alienated from the at the New York University School of I think there are a couple of addi- political process. The 1996 election had Law has this to say. This is the Bren- tional points to be made here. One is, the lowest voter turnout of 18- to 26- nan Center for Justice at the New York how can the President of the United year-olds than at any time in the his- University School of Law: States be committed to finance reform tory of this country. and submit Mr. Smith’s name? That Imagine the President nominating an At- There was recently a poll taken by torney General who believes that most of our nominating process comes from the the Pugh Research Center—which I criminal laws are ‘profoundly undemocratic’ President of the United States. The will submit for the RECORD at a later and unconstitutional. Or an SEC Commis- next time you hear the President of the time—which showed that 67 percent of sioner who has publicly called for the repeal United States reiterate his commit- young Americans say they are discon- of all securities laws with the plea, ‘We ment to meaningful campaign finance nected from government. And the rea- should deregulate and just let it go.’ Or a reform, remember the type of person son given is the influence of special in- nominee for EPA Administrator who believes who was nominated by the President of terests and big money in Washington. that the agency he aspires to head and ‘its the United States for this position. various state counterparts’ should be abol- The system cries out for reform, if not ished. It would be unthinkable. In a society In deference to the President of the for McCain-Feingold, then some other rooted in the rule of law, we would never tol- United States, we have a little unwrit- vision of reform. erate the appointment of a law enforcement ten rule that the President gets to ap- Mr. Smith believes campaign finance officer who has vocally and repeatedly de- point some and the majority—in this reform is not about good government.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4270 CONGRESSIONAL RECORD — SENATE May 23, 2000 It is about silencing people whose upholding the State of Missouri’s cam- preme Court had in Shrink reiterated views are inconvenient to those with paign contribution limits. The Court and clarified the state of the law. Per- power. The real scandal, Mr. Smith reiterated its determination from their haps it was because he had not read the says, is the brazen effort of reformers earlier Buckley v. Valeo decision that Shrink opinion, a disturbing omission to silence the American people. the prevention of corruption and the for a law school professor—or perhaps A statement such as this impugns appearance of corruption is a constitu- simply because he disagrees with it. In the motives of many millions of good tionally sufficient justification for lim- either case, I find the omission trou- and decent Americans who believe this iting contributions as a form of speech. bling and indicative of why Mr. Smith reform is necessary in a remarkable Mr. Smith’s position is in direct con- would be unsuitable as an FEC Com- way. I do not impugn the motives of tradiction to what the U.S. Supreme missioner. Mr. Smith. I disagree with him. I do Court stated in Shrink Missouri. I re- There being no objection, the mate- not believe Mr. Smith is trying to si- peat, the U.S. Supreme Court said the rial was ordered to be printed in the lence the American people. I do believe prevention of corruption and the ap- RECORD, as follows: he is wrong in his positions and he is pearance of corruption is a constitu- COMMON CAUSE, wrong for this job. tionally sufficient justification for lim- Washington, DC, March 8, 2000. It is because he objects to any form iting contributions as a form of speech. Hon. MITCH MCCONNELL, HRISTOPHER DODD, of campaign regulation that I oppose In speaking of ‘‘improper influence’’ and Hon. C him, because he can acknowledge all ‘‘opportunities for abuse’’ in addition to Senate Committee on Rules, U.S. Senate, Wash- ‘‘quid pro quo’’ arrangements, we recognized ington, DC. the examples of campaign abuse wit- DEAR CHAIRMAN MCCONNELL AND SENATOR a concern not confined to bribery of public nesses in the 1996 election, as he did in DODD: While Common Cause believes the an article published by the American officials, but extending to the broader threat Committee and the Senate would have been Jewish Committee in December 1997, from politicians too compliant with the better served with full and open hearings re- wishes of large contributors. These were the and still he contends that the only re- garding the nomination of Bradley A. Smith obvious points behind our recognition that to be commissioner to the Federal Election form necessary is deregulation. So the Congress could constitutionally address those kinds of abuses become the norm. Committee (FEC), I request that this letter the power of money ‘‘to influence govern- be made part of the record. In that article he cited the many un- mental action’’ in ways less ‘‘blatant and Common Cause strongly urges the Com- savory examples of fundraising by the specific’’ than bribery. mittee to reject the nomination of Bradley Clinton-Gore campaign. He goes on to As Justice Stevens said in his con- A. Smith, Professor of Law at Capital Uni- say: curring opinion in the Shrink case, re- versity in Ohio, to serve on the Federal Elec- Yet, we now see, on videotape and in White sponding to the arguments raised by tion Commission. Mr. Smith has written ex- House photos, shots of the President of the Justice Kennedy in his dissent: tensively about the need to deregulate the campaign finance system, has stated that United States meeting with arms merchants Justice Kennedy suggests that the misuse and drug dealers; we learn of money being the FEC should be abolished, and has written of soft money tolerated by this Court’s mis- that the Federal Election Campaign Act laundered through Buddhist nuns and Indo- guided decision in Colorado Republican Fed- nesian gardeners; we read that the acquaint- (FECA) is unconstitutional. Clearly, as eral Campaign Committee v. Federal Election someone who strongly opposes the law he ance of the President are fleeing the country Commission, demonstrates the need for a or threatening to assert Fifth Amendment would be duty-bound to uphold and admin- fresh examination of the constitutional ister impartially, Mr. Smith should not be privileges to avoid testifying before Con- issues raised by Congress’ enactment of the gress. . . . confirmed. Federal Election Campaign Acts of 1971 and The FEC was created for the sole purpose What troubles me most abut Mr. 1974 and this Court’s resolution of those of upholding and enforcing the FECA. Mr. Smith is that, after acknowledging all issues in Buckley v. Valeo. In response to his Smith, however, strongly believes that the of these incidents, he concludes that call for a new beginning, therefore, I make Act should be repealed. In a 1997 op-ed pub- since campaign reform has not elimi- one simple point. Money is property; it is not lished in The Wall Street Journal, Smith nated those abuses, we should simply speech. stated: ‘‘When a law is in need of continual Speech has the power to inspire volunteers revision to close a series of ever-changing give up and allow a free for all. That’s to perform a multitude of tasks on a cam- like saying, ‘‘Since the laws against ‘loopholes,’ it is probably the law, and not paign trail, on a battleground, or even on a the people, that is in error. The most sen- murder haven’t eliminated murders, we football field. Money, meanwhile, has the sible reform is a simple one: repeal of the should simply legalize murders.’’ Or, power to pay hired laborers to perform the Federal Election Campaign Act.’’ ‘‘Since the country’s drug laws haven’t same tasks. It does not follow, however, that Elimination of FECA would repeal, among been enforced sufficiently to eliminate the First Amendment provides the same other provisions, the ban on corporate and illegal drug deals, we should simply le- measure of protection to the use of money to labor union contributions to federal can- galize drug use.’’ accomplish such goals as it provides to the didates, the limits on individual and PAC Is someone with that kind of attitude use of ideas to achieve the same results. contributions to federal candidates, the ban on foreign contributions to federal can- the right person for the job? I don’t I find it incredible that a law pro- fessor speaking on the topic of con- didates, the ban on cash contributions of think so, and I cannot believe that my more than $100 to federal candidates, and the colleagues can in good faith and with a stitutionality of campaign finance re- prohibition on federal officeholders con- straight face assert that he is. form would not cite the most recent verting campaign contributions to personal It should be a grave concern to my Supreme Court ruling and opinion per- use. colleagues that Brad Smith concedes tinent to the topic. Yet, notwith- In short, repeal of the Federal Election all of the facts of the 1966 campaign standing the fact that the Supreme Campaign Act would return this country to the days before Watergate when hundreds of scandal, but apparently sees nothing Court issued its ruling in the Shrink case in January of this year, in Mr. thousands of dollars in cash were being given wrong with perpetuating and legalizing directly to candidates from undisclosed those wrongs. I do not believe the Smith’s testimony during his con- wealthy contributors. American public concurs. firmation hearing before the Senate Any member of a federal regulatory agency Mr. Smith advocates anything goes Rules Committee in March offered no should, at a minimum, believe in the mission in election campaigns and says no tac- recognition that the Supreme Court of that agency, and the constitutionality of tic is too unseemly, too corrupt to be had most recently upheld campaign those laws. Not only does Mr. Smith dem- protected by the first amendment of contribution limitations. He made no onstrate utter contempt for the agency, he also demonstrates his comprehensive hos- the Constitution. By the way, I believe attempt to renounce his earlier tility to the federal campaign finance laws— it was Justice Stevens who said in his writings or opinions based upon the laws which he believes are wrong, burden- opinion in the Shrink Missouri decision opinion. He made no acknowledgment some, and unconstitutional. that money is property, money is not that the Supreme Court had recently Mr. Smith is on record stating that federal free speech. reached a conclusion as to the con- campaign finance laws are, in their entirety, I do not agree that our Founding Fa- stitutionality of contribution limita- unconstitutional. He has written that thers could have intended such a result tions at odds with his views. Instead, ‘‘FECA and its various state counterparts any more than prosecuting someone he focused his presentation on the un- are profoundly undemocratic and profoundly at odds with the First Amendment.’’ yelling ‘‘fire’’ in a crowded theater. certainty of the law, and in particular Smith also wrote: ‘‘The solution is to rec- The Supreme Court has concurred in the confusion surrounding the Buckley ognize the flawed assumptions of the cam- the recent Shrink Missouri decision in opinion. This, even though the Su- paign finance reformers, dismantle FECA

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4271 and the FEC bureaucracy, and take seriously tion. A vote to confirm Mr. Smith is a vote the rationale for upholding contribution lim- the system of campaign finance regulation against campaign finance reform. its, a rationale that Smith firmly rejects. that the Founders wrote into the Bill of Sincerely, Justice Souter, writing for six of the nine Rights: ‘Congress shall make no law . . . SCOTT HARSHBARGER, Justices including Chief Justice Rehoquist, abridging the freedom of speech.’ ’’ President. stated, ‘‘Leave the perception of impropriety Any individual who believes that an agen- unanswered and the cynical assumption that cy’s organic statute is unconstitutional and THE WRONG MAN FOR THE JOB large donors call the tune could jeopardize should be repealed in toto, is not fit to serve (By Fred Wertheimer, President, Democracy the willingness of voters to take part in as a Commissioner of the agency charged 21) democratic governance.’’ with administering and enforcing that stat- Would an individual who believes the na- Mr. Smith, it goes without saying, is enti- ute. tion’s drug laws should be repealed and are tled to hold and express whatever views and No one, for example, would conceive of ap- unconstitutional be appointed to head the philosophy he may have about campaign fi- pointing to head the Drug Enforcement Drug Enforcement Agency? nance laws. Agency an individual who believes all federal No way. It should also go without saying, however, anti-drug laws are unconstitutional and Would the United States Senate confirm that the American people are entitled to should be repealed. Such an appointment an individual with these views to be the na- have law enforcement officials who believe would be viewed as an act of utter disdain tion’s chief drug law enforcement official? in the validity and constitutionality of the and disrespect for the laws to be adminis- Absolutely not. laws they are charged to enforce, and who do tered by the agency involved. Then, what in the world is Bradley Smith’s not view these laws with total disdain and hostility. Mr. Smith believes the federal campaign fi- name doing pending before the Senate for As The Washington Post noted in an edi- nance laws are not only unconstitutional, confirmation to serve as a Commissioner on torial, Smith’s premises ‘‘are contrary to the but misguided in their very purpose. In sup- the Federal Election Commission (FEC)? Mr. Smith—who has stated that the na- founding premises of the commission on porting repeal of the campaign finance laws, tion’s campaign finance laws should be re- which he would serve. He simply does not be- he has written that the country ‘‘would best pealed and are unconstitutional—was nomi- lieve in the federal election law.’’ be served by deregulating the electoral proc- nated by President Clinton earlier this And, The New York Times wrote in an edi- ess.’’ month to serve on the FEC, the agency re- torial that Smith’s stated positions ‘‘make Mr. Smith’s ideas are not simply a matter sponsible for enforcing the nation’s cam- plain that his agenda as a commission mem- of whether one takes a liberal or conserv- paign finance laws. ber would be a further dismantling of reason- ative view of the existing campaign finance That’s the same President Clinton who is a able campaign limits intended to curb the laws. What is at stake here is whether the self-proclaimed supporter of campaign fi- corrupting influence of big money rather law will be administered and enforced to its nance laws and campaign finance reform. than serious enforcement of current cam- full extent. While Mr. Smith’s ideas may be The Smith nomination was dictated by paign finance laws.’’ appropriate for an academic participating in Senate Republican Majority Leader Trent Mr. Smith’s nomination is a classic symbol public debate, they are wholly unacceptable Lott and Senator Mitch McConnell, the lead- of the breakdown in law enforcement that for a Commissioner charged with admin- ing Senate defenders of the corrupt cam- has occurred when it comes to the nation’s istering and enforcing the nation’s anti-cor- paign finance status quo in Washington, and campaign finance laws. Mr. Smith’s con- ruption laws enacted by Congress and upheld Smith’s two leading advocates for the Com- firmation to be an FEC Commissioner would by the Supreme Court. The purpose of the mission job. be an insult to the American people. FEC is not to be a debating society. The role President Clinton lamely explained his United States Senators should not allow of a FEC Commissioner is not to be an advo- nomination of Smith, a strong opponent of this to happen. cate. federal campaign finance laws, on the Mr. MCCAIN. Mr. President, I see my Indeed, Mr. Smith fails even to accept the grounds that he was just following custom in friend and comrade in arms, Senator fundamental anti-corruption rationale for ceding to the other major party the ability the campaign finance laws—the rationale to name three of the six FEC Commissioners. FEINGOLD. Let me mention what is that was at the very heart of the Supreme In fact, however, when the Republicans held going on not only as far as the fund- Court’s decision in Buckley v. Valeo, uphold- the White House, President Reagan had no raiser is concerned, but recently we re- ing the constitutionality of the existing problem rejecting the appointment of an ceived information there will be a campaign finance laws, and which was re- FEC nominee of the Democrats that he found hearing tomorrow before the Senate affirmed this year by the Supreme Court in to be objectionable. Judiciary subcommittee and on Thurs- Nixon v. Shrink Missouri Government PAC. So what are the potential consequences of day before the House Government Re- In that case, Justice David Souter, writing Clinton’s campaign finance betrayal if the form Committee. for the majority, stated ‘‘There is little rea- Senate confirms Smith to serve on the Com- son to doubt that sometimes large contribu- mission? According to a December 9, 1996, memo by tions will work actual corruption of our po- Here is what Bradley Smith has said about FBI Director Louis J. Freeh, Mr. Radek litical system, and no reason to question the the nation’s campaign finance laws: ‘‘[T]he [head of Justice Office of Public Integrity] existence of a corresponding suspicion most sensible reform is a simple one: repeal told Mr. Esposito [who was a deputy director among voters.’’ of the Federal Election Campaign Act of the FBI] he was ‘‘under a lot of pressure Mr. Smith dismisses the rationale by writ- (FECA).’’ not to go forward with the investigation,’’ ing that ‘‘money’s alleged corrupting effects And, here is what Mr. Smith’s ‘‘reform’’ and that Ms. Reno’s job ‘‘might hang in the are far from proven . . . that portion of would accomplish: repeal of the ban on cor- balance.’’ The memo said Mr. Freeh met Buckley that relies on the anti-corruption porate contributions to federal candidates; with Ms. Reno and personally suggested she rationale is itself the weakest portion of the repeal of the ban on labor union contribu- and Mr. Radek recuse themselves from the Buckley opinion—both in its doctrinal foun- tions to federal candidates, and repeal of the probe. dations and in its empirical ramifications.’’ limits on contributions from individuals and What we are talking about here is a The FECA requires the members of the PACs to federal candidates. situation that, if campaign finance Federal Election Commission shall be chosen Mr. Smith’s ‘‘reform’’ also would repeal laws had been obeyed and enforced, we the system for financing our presidential ‘‘on the basis of their experience, integrity, would not be subjected to as a nation; impartiality, and good judgment.’’ 2 U.S.C. elections, the ban on officeholders and can- didates pocketing campaign contributions that is, disturbing allegations that in- 437c(a)(3). While we believe President Clinton formation was brought by the FBI, the would have been within precedent to reject for their personal use, the ban on cash con- the recommendation from Senate Majority tributions of more than $100, and various Director of the FBI, Mr. Louis Freeh, Leader Trent Lott (R–MS) of Mr. Smith’s other provisions enacted to protect the in- and by Mr. Charles LaBella, who was nomination (President Reagan rejected a tegrity of our democracy. appointed as the head of the task force Mr. Smith also has stated that the federal proposed FEC nominee in 1985), the Com- to investigate these very allegations by campaign finance law, known as the FECA, mittee now has the responsibility to judge is ‘‘profoundly undemocratic and profoundly the Attorney General herself—those whether Mr. Smith meets these criteria. at odds with the First Amendment.’’ recommendations were ignored by the Mr. Smith is in no way ‘‘impartial’’ about Mr. Smith’s position that the FECA, and Attorney General. The recommenda- the campaign finance laws. He simply does its contribution limits, are unconstitutional, tion for the appointment of an inde- not believe in them. however, is directly contradicted by numer- pendent counsel was ignored by the At- Mr. Smith’s extreme opposition to the ex- ous Supreme Court decisions. torney General of the United States. A istence of the federal campaign finance laws, Just last month, for example, the Supreme recommendation by Mr. Freeh was not and his clearly stated views that they are Court reaffirmed in Nixon v. Shrink Missouri unconstitutional, make him unfit to serve as Government PAC that contribution limits accepted by the Attorney General of a Commissioner of the FEC. are constitutional. the United States and, according to the Common Cause strongly urges the Com- The Court cited ‘‘the prevention of corrup- Deputy Director of the FBI, Mr. Radek, mittee to vote against Mr. Smith’s nomina- tion and the appearance of corruption’’ as whose office is described as the Office

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4272 CONGRESSIONAL RECORD — SENATE May 23, 2000 of Public Integrity in the Justice De- paign, despite a clear voice from the turned to the President, 2 years ago as partment, he said he was ‘‘under a lot American people, particularly from our the 105th Congress adjourned. of pressure not to go forward with the young, particularly from our young Then Mr. Dyk was renominated in investigation’’—I wonder who from— citizens to whom, sooner rather than January of 1999. He was favorably re- and that Ms. Reno’s job ‘‘might hang in later, we will pass the torch of leader- ported to the Senate floor, again, in the balance.’’ ship of this Nation, who have become October of 1999. For the last 7 months, This is the pernicious effect of a cam- cynical and even alienated from the po- this nomination has been waiting on paign finance system which has run litical process—not without good rea- the Executive Calendar for Senate ac- amok. That is not confined to the son. tion. Democratic Party. There have been Mr. President, I note the presence of Let me just tell you a little bit about abuses on my side as well because this the Senator from Vermont. I might say Timothy Dyk. He has distinguished system knows no party identification. to the Senator from Vermont, I had a himself with a long career of private This system knows only the increasing wonderful day in his State long ago, practice in the District of Columbia. avariciousness of a system that has run where he is well respected and well From 1964 to 1999, he worked with Wil- amok. loved by the citizens of his State. I ap- mer, Cutler, and Pickering as an asso- We are now about to confirm as one preciate the opportunity, always, to be ciate and then as a partner. Since 1990 of those whose appointment is to en- in lovely Montpelier. I thank him and he has been with Jones, Day, Reavis, force the law someone who is ada- his fellow citizens for all their hospi- and Pogue as a partner. He has been mantly opposed to the law, believes the tality. the chair of its issues and appeals sec- law is unconstitutional. And we are in The PRESIDING OFFICER. The Sen- tion. a situation in America today that, in ator from Vermont. He received his undergraduate degree the view of more objective observers Mr. LEAHY. Mr. President, I ask in 1958 from Harvard College; his law than I, can only be compared to the unanimous consent I be allowed to degree from Harvard Law School in turn of the century when the robber take 7 minutes of the 15 minutes that 1961. Following law school, he clerked barons of this Nation, through huge is reserved to the Senator from for three U.S. Supreme Court Justices: input of contributions to political cam- Vermont on the Timothy Dyk nomina- Justices Reed and Burton, and Chief paigns, had basically bought the Amer- tion. Justice Warren. He was also a special ican Congress. Thanks to the brave and The PRESIDING OFFICER. Without assistant to the Assistant Attorney General in the Tax Division. courageous efforts of one Theodore objection, it is so ordered. His is a distinguished career. He rep- Roosevelt, joined by millions of other Mr. MCCAIN. Mr. President, I reserve resented a wide array of clients, includ- like-minded reformers, we brought an the remainder of my time. Mr. LEAHY. Mr. President, while the ing the U.S. Chamber of Commerce, the end to that corruption. National Association of Manufacturers, Now we are about to appoint to that Senator from Arizona is still on the the National Association of Broad- body an individual who will not only floor, I was going to say at the begin- casters, the National Trucking Asso- not be opposed, who will not only not ning of my remarks, the Vermont press ciation, and he has the support of a support trying to clean up this system, showed very clearly how well respected the Senator from Arizona is in wide variety of these organizations. We but will try to remove the last vestiges have received strong letters of support of campaign finance reform law as it Vermont and how well received he was. He was one of the biggest vote getters for him. Here are some of those who exists today. All I can say is it is a 5- sent in letters saying let’s get this man year appointment. He will not be there our State has ever had. He did an ex- tremely good job. He won his party’s confirmed: forever. We will have campaign finance The U.S. Chamber of Commerce, the primary overwhelmingly. In Vermont reform. American Trucking Association, the his victory was declared within, I As my colleagues know, I recently National Association of Manufacturers, think, 5 minutes after the polls closed completed an unsuccessful campaign the National Association of Broad- on primary day because the number for the nomination of my party for the casters, IBM, Gannett, Eastman was so overwhelming. Presidency of the United States. It was Kodak, Brush Wellman, Rockwell, LTV I say this because, while I was not at one of the most rewarding and uplift- Corporation, SkyTel Telecommuni- the convention where he spoke, as he ing experiences of my life. I learned cations, the Lubrizol Corporation, In- can imagine—it was the Republican many things during that campaign. I gersoll-Rand, the American Jewish State convention—many of my dear will not clutter the RECORD with the Congress, the Anti-Defamation League, friends and supporters were there. lessons I learned. the American Center for Law and Jus- When I began the campaign, I said They told me also how much they re- tice, and Trinity Broadcasting Net- the theme of my campaign would be re- spected what the Senator from Arizona work. form. Every political pundit said there said, as they had when he had been in I said many times on the floor that was no room for reform in the political Burlington earlier in his campaign and we take far too long to confirm good agenda. In hundreds of townhall meet- spoke to an overflow crowd. Montpelier people. We are wrong and irresponsible ings and thousands of speeches, I said: is where I was born, so I always watch to hold people up basically on a whim Campaign finance reform is the what happens there. I say to my friend until we feel like bringing up their linchpin; if we want to reform edu- from Arizona, the calls and e-mails I names. Nominees deserve to be treated cation, if we want to reform the mili- got after his appearance about him with dignity and dispatch, not delayed tary, if we want to reform the Tax were all positive. for 2 or 3 years. Of course, any Senator Code, if we want to reform the institu- Mr. MCCAIN. I thank my colleague. can vote as he or she wants, but let’s tions of government, we must get this NOMINATION OF TIMOTHY B. DYK understand the human aspect. Government out of the hands of the Mr. LEAHY. Mr. President, I am When somebody has gone for their special interests and back to the peo- pleased that the Senate is finally going hearings, when they have been voted ple. I believe that message resonated to vote this week on the confirmation out of committee, when they are pend- then and resonates to this day. of Timothy Dyk. ing in the Senate, their life is on hold We are about to appoint an indi- A vote on this nominee has been a until we act. It is unfair, it is unrea- vidual now in complete contradiction long time coming. He was first nomi- sonable to tell somebody in a law prac- to what I believe is strongly the will of nated to a vacancy on the Federal Cir- tice: The good news is the President the people, not only that existing laws cuit Court of Appeals in April of 1998— has nominated you to the Court of Ap- be enforced but new laws be enacted in over 2 years ago—by some reckonings, peals. You will be congratulated by order to close the loopholes that have in the last century. He had a hearing. your partners, by your clients, and been created since the passage of the He was reported favorably by the Judi- then they will say: When are you going 1974 law. ciary Committee of the Senate in Sep- to be confirmed? If you have to re- We, in our wisdom, are about to ap- tember of 1998. His nomination was left spond: When the Senate gets around to point an individual who flies in the on the Senate calendar that year with- it, that is not a good answer. Vote face of everything I learned in my cam- out any action and eventually was re- somebody up or vote somebody down.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4273 This is a man who should have broad, Professor Lynch’s background and ters, while still maintaining a full strong bipartisan support, just as the career accomplishments are, frankly, courseload teaching at Columbia. letters of support show broad, strong staggering. He was born and raised in So, intellectually, he is at the top of bipartisan support. Brooklyn, a place near and dear to my the list. Experience-wise, he has done I am glad that Tim Dyk will be voted heart. He then attended Columbia Col- it all. He is also a wonderful, wonderful on for the Federal Circuit. We have lege, where he graduated first in his person. He loves Latin and Greek and worked long and hard to get him the class—a highly competitive school— he knows them well. He loves theater, vote to which he is entitled. I worked followed by Columbia Law School, art, and ballet. to have him confirmed in 1998. I worked where he also was No. 1 in his class. Just to let my colleagues know what to have him confirmed in 1999. I am After law school, he accepted two ju- a fine man he is and what an honorable glad that finally, he will be accorded a dicial clerkships— first, with one of man he is, when Gerry went to Colum- vote on this long pending nomination. New York’s great jurists, Judge Wilfred bia College, the Vietnam war was wag- He and his entire family have much Feinberg of the Second Circuit, and ing. He came from a working-class of which to be proud. His legal career then with Justice William Brennan on background and he knew that many of has been exemplary. He will make a su- the Supreme Court. He was at the top his classmates in high school would be perb judge. of the legal profession as he went drafted. He, by being a college student, I know Timothy Dyk. I know him through his education and his clerk- was not eligible for the draft, but he and his wife, both of whom have had ships. You could not have a better thought that was unfair. He thought it long, distinguished careers in the pri- record. was unfair that those lucky enough to vate sector and the public sector. Let’s Since that time, he has had a multi- get into college should have special ad- give the country the opportunity to faceted career, mostly as a prosecutor vantages over working-class young have him join the Federal Circuit and professor, and that is as impressive men being called for the front line. So Court of Appeals, just as we did late as any judicial candidate I have seen in he refused to pursue an exemption. He last year with his colleague, Richard years. was not called. But that shows you the Linn. It is time for the Senate to con- Since 1977, he has served as the Paul mettle of the man. firm Timothy Dyk to the Federal Cir- K. Kellner Professor of Law at Colum- I will close by admitting that I am cuit. bia Law School, where he teaches very excited about the prospect of Pro- Mr. President, not seeing anybody on criminal law and criminal procedure, fessor Lynch becoming the next mem- the floor, I suggest the absence of a as well as constitutional law and other ber of the Southern District bench. I quorum and ask unanimous consent courses. know his wife and his son are proud of that it not run against the time of ei- He is a leading expert on the Federal him, and rightfully so. ther side. racketeering laws and has written nu- He meets the criteria I have set for The PRESIDING OFFICER. Without merous articles on the subject. He has myself in choosing judges, which are: objection, it is so ordered. The clerk also published articles on other aspects No. 1, excellence. There is no doubt; will call the roll. No. 2, moderation. I try to avoid of criminal law, constitutional theory, The legislative clerk proceeded to judges who are extreme in either case; call the roll. and legal ethics. And, No. 3, diversity. While Gerard Mr. SCHUMER. Mr. President, I ask Maybe most importantly, he is con- doesn’t quite qualify in that, I think I unanimous consent that the order for sidered one of Columbia Law School’s fulfill that in some other nominations. the quorum call be rescinded. outstanding professors, winning a num- Gerard Lynch has the rare combina- The PRESIDING OFFICER. Without ber of awards for excellence in teaching tion of intelligence, practical experi- objection, it is so ordered. and serving as a guide and mentor to ence, judicious temperament, fairness, Mr. SCHUMER. Mr. President, I yield countless students over the years. and devotion to hard work that makes to myself as much time as I may con- Professor Lynch, however, has not for truly great judges. He is just what sume from Senator LEAHY’s time on only been a professor, he also spent the Founding Fathers and all others the nomination of Mr. Gerard Lynch to many years as a Federal prosecutor in throughout have wanted for a Federal become a district court judge for the the Southern District of New York, one judge. All too many people of his quali- Southern District of New York. of the premier U.S. Attorney’s Offices fication don’t ask for and don’t aspire The PRESIDING OFFICER. Without in the country. He tried numerous to the bench. He does. We should take objection, it is so ordered. cases, including white collar and polit- this opportunity and support him NOMINATION OF GERARD LYNCH ical corruption cases, and eventually wholeheartedly. Mr. SCHUMER. Mr. President, I rose to be the chief of the appellate di- I yield to my senior colleague and thank the majority leader and the mi- vision. friend from the State of New York, nority leader for coming together on In 1990, after a stint as a professor, he Senator MOYNIHAN. Is that the proper an agreement that allows for a number was asked to return to that office as procedure, Mr. President? Should I of vital votes on judicial nominees. I chief of the Criminal Division under yield to Senator MOYNIHAN, or should I also thank Chairman HATCH for, again, U.S. Attorney Otto Obermaier. In that yield my time? tending to our judicial needs in my capacity, he supervised more than 135 The PRESIDING OFFICER. Senator State and in so many States, and for prosecutors and oversaw all of the of- MOYNIHAN is recognized in his own the fairness with which he has tried to fice’s criminal cases. Mr. Obermaier, a right. move this process forward. Republican appointee, handpicked Pro- Mr. MOYNIHAN. How very generous It is with great pride and pleasure fessor Lynch to serve as his lead crimi- of you, Mr. President. that I rise in support of the nomination nal prosecutor. I know he has been out- How kind of my beloved colleague of Gerard Lynch to be district court spoken in support of this nomination, and friend. judge for the Southern District of New and Mr. Obermaier was known as a I rise with a measure of animus, if I York. At my recommendation, Presi- hardnosed, rather conservative pros- may do, sir, this afternoon. I was one dent Clinton nominated Professor ecutor in the Southern District. of those who, with my colleague, intro- Lynch to fill a vacant Federal judge- Professor Lynch has also served as duced Mr. Lynch to the Committee on ship in the Southern District. counsel to numerous city, State, and the Judiciary with such very consider- Professor Lynch’s experiences and Federal commissions, and has worked able pride to have that opportunity. accomplishments as a prosecutor, as a with a number of special prosecutors My colleague remarked about the private lawyer, as a professor of law, investigating public corruption. More- founders of the Constitution. I will and as a public servant make him a su- over, from 1988 to 1990, he served as a speak in just a moment about the Co- perb candidate to be a Federal judge. I part-time associate counsel for the Of- lumbia Law School, which precedes the have never, in my days, seen such high fice of Independent Counsel. Constitution, which Constitution was recommendations from people from all More recently, Professor Lynch has written in very large measure by a parts of the political spectrum simply been counsel to a top New York law graduate of that law school, Alexander about this man’s intellect and accom- firm, primarily handling white collar Hamilton, and whose first large trea- plishments. criminal matters and regulatory mat- tise of explanation was written by

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4274 CONGRESSIONAL RECORD — SENATE May 23, 2000 Chancellor Kent, as he is known, hav- I come before the Senate to say there view and the Columbia Law School is a ing been chancellor of New York State, has not been a finer judge proposed by prestigious law school. One does not with his commentaries on the laws of the Senate Committee on the Judici- write for the Columbia Law Review the United States. ary. We are honored to have him before without giving careful thought to each It is not a small thing to become a the Senate. I prayerfully hope none of and every word he utilizes in that law member of that law faculty. It is a us ever appear before him. review, even more so if he is a professor large honor carefully reserved for law- Mr. SESSIONS. Mr. President, I ask at that school. yers of successive generations who note unanimous consent that I be allowed to In the course of writing these arti- history and demand its importance to use my time on two judicial nomina- cles, Mr. Lynch made some statements this time. tions. that I think represent very serious in- We have before us, sir, the nomina- The PRESIDING OFFICER. Without dications of his philosophy and his tion of a great lawyer—I use that care- objection, it is so ordered. willingness to be bound by the law and fully—who will be a superb judge. Mr. SESSIONS. Mr. President, I have the Constitution as a judge. Take, for I think he might have been sur- great respect for Senator MOYNIHAN example, this 1984 article, ‘‘Constitu- prised—we would not have been sur- and Senator SCHUMER. I know they tional Law as Moral Philosophy’’: prised—that early in life and at an- have great affection and admiration for The Supreme Court, because it is free of other time he might not have chosen Mr. Lynch. In no way do I question his immediate political pressures of the sort criminal law as his specialty. But he integrity. I do not question his legal that press on those who must face the voters, came of age in the bar when that was ability. He is certainly a scholar and a is better placed to decide whether a proposed the first problem, singularly so, of the person of intellect. course of action that meets short-term polit- Southern District of New York. And he Except for two leaves of absence, he ical objectives is consistent with the funda- has been a law professor. The old rule mental moral values to which our society went to work at it. considers itself pledged. He was a serious prosecutor, sir, a must apply: The A students become That is a very risky, dangerous state- successful one—a relentless one and a professors; B students, judges; and C ment, a carefully written statement, successful one. I want to say that, sir— students make the money. Regardless, words Mr. Lynch chose carefully. He a successful one. None came into his he has been a professor, worked on a says the Supreme Court, because it compass charged with a crime that he few cases, and spent several years with doesn’t have to answer to the Amer- did not prosecute fairly, rigorously, re- the U.S. Attorney’s Office prosecuting ican people in elections, is better lentlessly, and, in the end, sir, with an cases. By all accounts, he is a man of placed to decide a proposed course of extraordinary range of success—and I good personal character. action that meets short-term political defer to my revered colleague—with an The problem I have with this nomi- objectives and is consistent with moral extraordinary range of success. nation is that I have come to believe This is a man of whom criminals had from his writing that he is, indeed, a values which our society considers never heard but, when they appeared in judge who is an activist. There is only itself bound. Our Constitution is deeply rooted in court with him, will never forget. This one opportunity for the people of this our moral order and heritage, but our man understood that the principles of a country to confront the question as to Constitution is a contract; our Con- free society require adherence to law whether or not an individual nomi- stitution is an agreement with the peo- with a reverence and respect and, if nated to be a judge will obtain a life- ple. It has specific ideas and require- necessary, a measure of fear: Do not time appointment. That is our role ments in it that I expect a judge to appear before this judge with the bur- under the Constitution, to advise and abide by. den of guilt or you shall be found consent to nominations of the Presi- To show the danger in this philos- guilty. dent. The President has nominated Mr. ophy, let me share the example of the He has a range of intellectual pur- Lynch. I think it is our duty, if we are death penalty. The eighth amendment suits. Ought not a member of the not to be a potted plant or rubber prohibits cruel and unusual punish- school of law that taught Alexander stamp his record, his skill, his back- ment. Justice Brennan, for whom Mr. Hamilton and graced by Chancellor ground, his philosophy, and see if we Lynch clerked, declared that the death Kent and his great success—ought not want to authorize him, for the rest of penalty was cruel and unusual and there be such a range? Ought he not be his life, to preside over cases, to inter- therefore it violates the eighth amend- able to entertain alternative ideas, ex- pret the law, to interpret the Constitu- ment to the Constitution. amine them, and consider the possibili- tion, and make major decisions in that I suggest that is bizarre because at ties? regard. That is our question: Do we the time the Constitution was adopted, We have, sir, a wonderful symbol—I want to do that? every State had a death penalty. There do not know in my ignorance whether It would be bad to impose upon the are six or more references within the it is from Greece or Rome—of Justice people of New York or any other State very document itself, the Constitution, blindfolded, holding up a scale and any person who is not clearly com- to a death penalty. Yet he feels it vio- weighing the evidence. He has done mitted to the judicial role. The judicial lates some sort of contemporary stand- that in a great range of professional ar- role is that a judge should require him- ards of morality. Justice Brennan used ticles. He has done that in a long ca- self to follow the Constitution of the his lifetime appointment as a judge to reer of prosecution. And he has consid- United States and the laws duly passed dissent on every single death penalty ered alternatives and made judgments by the Congress of the United States. case, saying it violates the Constitu- because he is by nature a judge. He has The Constitution is a contract. It was tion, while the Constitution con- been in the pits where judges have to an instrument of agreement between templates and says you can take life make determinations from whatever is the American people and the govern- with due process in several different presented to them as evidence. And he ment when they formed it. They gave places. knows the process. to the government certain limited pow- That is judicial activism. He graduated summa cum laude from ers. They reserved for themselves and Mr. SCHUMER. Will the Senator Columbia Law School. He clerked for for the States other powers. That is a yield? I am happy to yield to him some Judge Feinberg on the Second Circuit fundamental principle. of my time. Court of Appeals —the Second Circuit, I think our courts in recent years I ask my colleague if he was aware sir, the mother court, we should say— have done a little better. At one point, that Professor Lynch is for the death and for Justice Brennan on the Su- they were exceedingly activist. The penalty. In fact, he was questioned by preme Court. Over the past 23 years, he leader of that activism crusade in the Senator THURMOND, on our committee. has won award upon award, including Federal courts was none other than I will read the question for the RECORD: the University-wide President’s Award Justice Brennan for whom Mr. Lynch Do you have any personal objection to the for Outstanding Teaching in 1997. He is clerked. Subsequent to that, he has death penalty that would cause you to be re- nationally known as a criminal law ex- written in the Columbia Law Review luctant to oppose or uphold the death sen- pert, for his writings, and particularly on two separate occasions. The Colum- tence? his writings on racketeering law. bia Law Review is a prestigious law re- And Professor Lynch answered:

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4275 No, Mr. Chairman. volved, he would be bound to enforce it. I wish I would be able to support Mr. So I submit to my friend that, while It is a fundamental matter of great im- Lynch. I supported the overwhelming Justice Brennan may have had a more portance. majority of the nominees, some of broad—I tend to agree with my col- Just as Professor VanAlstyn, speak- them maybe even more liberal than league. I am for the death penalty my- ing at a Federal court conference a Mr. Lynch, but I haven’t had anything self, but I tend to agree with my col- number of years ago, said: to indicate that or I would have prob- league on that issue. That is not Pro- It is absolutely critical that we enforce ably opposed them. Some I have. fessor Lynch’s philosophy. In fact, this Constitution, the one that we have, the This document, these law review ar- good and bad parts of it. when one becomes a Clerk for the Su- ticles are extraordinarily troubling to preme Court, high honor that it is, you That is what law is all about, en- me. I do not think it is a minor point. are chosen simply on your scholastic forcement of law that is written. With- I think it is a big point. I know the ability, not on your ideology. I thank out it, we do not have justice. Pro- Senator from New York, both Senators the Senator for yielding and letting me fessor VanAlstyn says you do not re- from New York, think highly of Mr. spect the Constitution if you don’t en- add that to the record. Lynch and I respect that. But based on Mr. SESSIONS. Mr. President, I force its plain meaning. You say the what I have observed, I believe his Constitution is great; it is a living doc- think Senator SCHUMER raises a good written remarks indicate he is unwill- ument. It is not; it is on paper. It is not point. I never said he opposed the death ing to be bound by the law. Therefore living; it doesn’t breathe. It is a con- penalty. What I was trying to point out we should not impose him on the peo- tract with the people of America about is that judges, if they desire to impose ple of New York and the United States. how they are going to give power to their fundamental moral values on peo- I see the Senator from New York people who govern them. It is a limited ple when they don’t get elected, can might want to comment on that before grant of power to the people who gov- end up doing things like Justice Bren- I go to the next nominee? I have one ern them. more nominee I would like to comment nan did, for which, certainly, Mr. I will say this. That is another dra- on. Lynch admires him. matic statement of a judge’s ability, Mr. SCHUMER. Yes, Mr. President. I have another quote I think is even according to Mr. Lynch, to redefine The PRESIDING OFFICER. The Sen- more clear, a more clear indication of meanings of words and to line up con- ator from New York. Mr. Lynch’s willingness to utilize per- temporary events, as of today, so he sonal opinions—justifying judges who Mr. SCHUMER. Mr. President, I can impose a ruling on the people that thank my friend from Alabama for his want to use personal opinions instead he believes is just and fitting with heartfelt remarks. I understand the of interpreting the law. He was talking community standards and moral decen- passion from which he comes and, about Justice Brennan. This was in cies and things of that nature. That is while I do not agree with him com- 1997, just a few years ago: a very dangerous philosophy. It is not pletely, as those on my judicial panel Justice Brennan’s belief that the Constitu- the philosophy of the mainstream law will tell him, one of the things I always tion must be given meaning for the present in America today. seems to me a simple necessity; his long and It was advocated by and probably cross-examine them about is, Is this untiring labor to articulate the principles of reached its high-water mark under Jus- person going to go off and make their fairness, liberty, and equality found in the own law? Because I do not like that ei- Constitution— tice Brennan when he tried to declare the death penalty to be in violation of ther. As I said, my three watchwords in Fairness, liberty, and equality sound the U.S. Constitution, when the Con- appointing judges in my first year, and a little bit like the French Revolution, stitution provided for the death pen- I think I have lived up to them with words they used to chop off a lot of alty. That is big-time stuff, when a every nominee, are: Excellence, mod- people’s heads. Our Constitution is a Justice on the Supreme Court is pre- eration, and diversity. document of restraint. But: pared to say something like that and Let me just say I think Judge Lynch . . . in the way that he believed made most dissented on every single death penalty is clearly a moderate and he clearly is sense today. case based on that theory. not the kind of activist that my good Justice Brennan’s belief that the I suggest Mr. Lynch is a brilliant friend from Alabama is saying. In fact, Constitution must be given: lawyer, a man of great skill, a lawyer/ he has criticized Justice Brennan for . . . meaning for the present in the way he professor, and he knows what he means being ‘‘activist’’ in some of his inter- believed made most sense today seems far and he said what he meant when he views. Judge Posner noted the same more honest and honorable than the pretense wrote that. What else can we think? If about Judge lynch. Judge Posner is that the meaning of those principles can be that is so, then I believe we cannot be someone who probably agrees with the found in 18th- or 19th-century dictionaries. sure, Members of this Senate, that he Senator from Alabama more than he In the course of my time on the Judi- would consider himself bound by the agrees with the Senator from New ciary Committee, I have voted for well plain meaning of words, of statutes York. over 90 percent of the nominees, I sup- passed by this body or even more sig- But the two quotes there that my pose, that the President has submitted. nificant, not consider himself bound by friend from Alabama cited are snippets This Senate has confirmed a large the Constitution itself that was rati- of articles. Two paragraphs later Pro- number of them. I suggest that this fied by the American people to protect fessor Lynch expostulates further and may be the most dramatic example of their liberties. greatly narrows what he has said here. any nominee that we have had, that Remember, when we have a judge Let me read a quote from the first arti- they have explicitly stated that a judge who believes in activism, it is at its cle. I think it is important the record has the ability to ignore the meaning most fundamental an antidemocratic have it for the edification of my good of the words that were put in the Con- act. It is an act that goes against de- friend from Alabama. stitution. In other words, he doesn’t mocracy because we have a lifetime-ap- Admittedly, Professor Lynch is a have to use the dictionary definition of pointed judge whose salary cannot be professor. He has written a lot more words. He doesn’t have to use dic- cut so long as he lives. He can stay on than a lot of the other judges and, tionary definitions of words. He just that bench as long as he lives. He is as- given as many writings as he has, I goes to whatever the meaning of ‘‘is,’’ serting for himself or herself the right guess you could take two paragraphs is, I suppose. to declare what he or she thinks is ap- and say: This man is a judicial activist. In other words, there is no constraint propriate today. ‘‘It may not have been If you look at the entire warp and on a judge who will not adhere to the what they thought when they wrote woof of his work, as well as what he ac- words himself and admit that he needs that old Constitution, but things have tually meant even in the two para- to be bound by the plain words in a changed today. I think today the death graphs my good friend from Alabama statute or our Constitution. He puts penalty is unconstitutional.’’ That has mentioned, I think the Senator is down the philosophy that a judge has kind of philosophy is a danger. It dis- not correctly stating Professor Lynch’s to show restraint. Even if he did not respects the Constitution. It under- view. like the constitutional provision, even mines the Constitution and undermines I will read a paragraph from the same if he or she did not like the statute in- democracy. article from which the previous quote

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4276 CONGRESSIONAL RECORD — SENATE May 23, 2000 the Senator from Alabama had men- In attempting to understand that lan- feels the principles of the Constitution tioned appears. This is what Professor guage, it is most important to look to the of liberty, equality, and fairness are in Lynch says a few paragraphs later: original intent of those who wrote it and the the Constitution when that phrase is context in which it was written. It is the text itself that embodies and de- really not in the Constitution, and the fines what has been agreed on. What survived It seems to me, and I did not realize danger of those words are they are the rigorous ratification process to become it until I read this paragraph again, great ideals, but they are general; they fundamental law, after all, was not what those are the exact words my good have no definitiveness, and they give a Madison or Bingham believed in his heart, or friend from Alabama mentioned as his platform for a judge to leap off into dif- even what they said on the floor of the Con- views of what the Constitution is all vention or the House, but rather what was ferent issues about which he may per- contained in the text of the ratified provi- about: Not some document that ex- sonally feel deeply and simply do so on sion. Thus, the text is not merely evidence pands at the whim, wishes, or ideology the basis that it is fair or it is a ques- from which the mind of the (perhaps partly of the judge but rather a written con- tion of equality: This is fairness so I mythological) lawgiver should be deduced; tract, words, black and white with the will just rule this way. rather, the text is the definitive expression American people. Judge Lynch—I do We have preserved our Nation well by of what was legislated. not want to presume anything here, insisting that our judiciary remain I will repeat that again for my col- particularly in this Chamber—Pro- faithful to the plain and simple words league from Alabama: fessor Lynch makes, in fact, the same of the Constitution and the statutes in- . . . the text is the definitive expression of point that my good friend from Ala- volved. what was legislated. bama did. NOMINATION OF TIMOTHY B. DYK That is hardly the writing of some- The PRESIDING OFFICER. The time Mr. SESSIONS. Mr. President, I will body who wants to go far, far afield. As of the proponents of the nomination use what time I have remaining on the I mentioned, the example my good has expired. Lynch nomination for the Dyk nomina- friend from Alabama keeps hearkening Mr. SCHUMER. Mr. President, I ask tion, and I will yield the floor to Sen- back to is the death penalty and the unanimous consent that 1 additional ator SMITH who wants to speak. way Justice Brennan interpreted it. If minute of Senator LEAHY’s time on an- Mr. Dyk has been nominated to the Professor Lynch agreed with that, I other judge where there is not going to Federal circuit here in Washington. would say the Senator from Alabama be any contest or discussion be given Mr. Dyk is a good lawyer, apparently had a point, but he explicitly disagrees to me. I am not expanding the time. with a good academic background, and and has criticized Justice Brennan as The PRESIDING OFFICER. Without has certain skills and abilities that I being too active. objection, it is so ordered. certainly do not dispute. I do not have The second quote Senator SESSIONS Mr. SCHUMER. I thank Senator anything against him personally, but I focuses on, the quote before us on the LEAHY in absentia for allowing me to do have serious concerns about this chart, comes from a tribute to the do that. I hope he is not upset. court. I do not believe we need another memory of Justice Brennan that Pro- It is certainly the prerogative of my judge on this court. fessor Lynch, who clerked for Justice good friend from Alabama to interpret The Federal circuit is a court of lim- Brennan after graduating from law snatches of text from book reviews and ited jurisdiction. It handles patent school, wrote in 1997. Again, in the con- tributes to conclude that maybe Pro- cases and Merit Systems Protection text of the whole essay, Professor fessor Lynch has a judicial philosophy Board cases, certain international Lynch’s point is noncontroversial. He with which he disagrees, but this is the trade cases, and certain interlocutory is writing here about what a judge is to definitive and current statement on orders from district courts. It is a spe- do when the broad language in the Con- the issue by the nominee, and I think cialized court and does not get involved stitution does not speak to a modern- it prevails. in too many generalized cases. day issue. We are not talking about ex- In conclusion, if Professor Lynch is We have analyzed the caseload of this panding but interpreting the spirit of confirmed, I believe Senator SESSIONS circuit. I serve on the Administrative the Constitution. and I—and I have enjoyed working with Oversight and Courts Subcommittee of I say to my colleague from Alabama, him on so many issues—will look back the Senate Judiciary Committee with when the fourth amendment speaks of 5 or 10 years and both approve of the Senator CHUCK GRASSLEY, who is chair- unreasonable searches and seizures and work Judge Lynch has done, admire his man. I have been a practicing pros- says nothing about wiretaps of tele- faithfulness to the words of a document ecutor for 15 years in Federal court be- phones or the Internet, it does not we both regard as sacred—and I believe fore Federal judges; that is where I mean the judges are unable to inter- he does as well—the Constitution, a spent my career. I know certain judges pret what search and seizure means in document we are all sworn to uphold. I are overwhelmed with work, and I have the context of telephones or wiretaps. yield back any time and thank my col- observed others who may not be as That is all Professor Lynch is saying. league for the dialog and for making us overwhelmed with work. He is saying judges must look at the think and explore as he always does. I will go over some numbers that in- text and the values underlying the text The PRESIDING OFFICER. The Sen- dicate to me without doubt that this and interpret both in light of develop- ator from Alabama. circuit is the least worked circuit in ments of the present. Do not expand Mr. SESSIONS. What is the time left America. It does not need another what unreasonable searches and sei- on the Lynch nomination? judge, and I will share this concept zures are, rather interpret them in The PRESIDING OFFICER. The Sen- with fellow Members of the Senate. light of new changes in technologies, ator from Alabama has 4 minutes. They handle appeals in the Federal such as telephones. Otherwise, the Con- Mr. SESSIONS. Mr. President, I note Circuit, appeals from other court cases stitution—and I am sure my colleague that Mr. Lynch’s words are pretty ex- and boards. In 1995, there were 1,847 ap- from Alabama can admit this—would plicit and leave little doubt. I am peals filed in the Federal Circuit. Four be largely irrelevant to today’s legal pleased to see before his hearing—talk years later, in 1999, that number had problems. about a death-bed conversion. His tes- fallen to 1,543 appeals, a 16-percent de- Moreover, Professor Lynch was asked timony sounds somewhat improved cline in cases filed. at his nomination hearing about this over the language here, but it does con- Another way to look at the circuit is article by Senator THURMOND. Here is cern me when he dismisses concepts how many cases are terminated per what he said. His response was un- such as actually looking at diction- judge. The Administrative Office of equivocal: aries that refer to the time of the peo- Courts provides a large statistical re- I believe, Mr. Chairman, that the starting ple who wrote the document and review port. They analyze, by weighted case place in interpreting the Constitution is words to see what they actually were factors, judges and cases by circuits with the language of the document. As with intended to mean. the legislation passed by the Congress, it is and districts and so forth. It is a bound the wording of the Constitution that was That is what a judge really ought to volume. They report every year. The ratified by the people and that constitutes do, and Mr. Lynch dismisses that al- numbers are not to be argued with. the binding contract under which our gov- most with contempt. We have to con- The Federal Circuit has by far the ernment is created. sider it awfully dangerous when a judge lowest number of dispositions per

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4277 judge. The Federal Circuit has 141 cases law clerks, secretaries, office space, li- The PRESIDING OFFICER. The Sen- per judge terminated. There are 11 braries, computers, travel budgets, and ator from New Hampshire. judges now on that circuit. As a matter everything that goes with being a Fed- The PRESIDING OFFICER. Nineteen of fact, those 141 cases were when the eral appellate judge. It is an expensive minutes remain for the Senator from court had 10 judges. We now have 11 process. That number is a legitimate Alabama. Fifteen additional minutes judges on that court, and we are talk- number, 1 million bucks. are under the control of the Senator ing about adding Mr. Dyk, who would We have judges in this country who from Utah. be the 12th judge on that court, to take are working night and day, but this Mr. SMITH of New Hampshire. Mr. the numbers down even further. circuit is not one of them. Before we do President, I rise today in opposition to The next closest circuit is a circuit not fill some of those vacancies, before the nominations of both Mr. Dyk and that is also overstaffed—the D.C. Cir- we do not add new judges to some of Mr. Lynch. But I also rise to briefly cuit. I have opposed nominees to the those districts—and it is not that discuss the role of the Senate in judi- D.C. Circuit in Washington. Oddly many, but some are really over- cial nominations, the issue of advice enough, both the circuits that I believe worked—we ought to think about and consent. What is the appropriate are overstaffed and underworked are whether we ought to continue a judge role for the Senate? Should we be out located in this city. The average case where we don’t need one. here opposing nominations? You can be criticized for it because they say: Well, dispositions for a circuit judge in The Grassley report also dealt with the President is in the other party; America are more than double that. the problem of having more judges therefore, every time you oppose a Let me provide some examples. than you need, sort of a collegiality question. The report said: nomination, it is for political reasons. The Third Circuit average number of The truth is, by either voting for or terminations per judge is 312; the Judge Tjoflat [chief judge at the Eleventh Circuit at one time] testified that some not asking for a recorded vote, I have Fourth Circuit, 545; the Fifth Circuit, allowed many Clinton nominees to 668—that is four times what the Fed- scholars maintain that a ‘‘perfect’’ appellate court size is about 7 to 9 judges, and when a move forward. But I think we have an eral Circuit does—the Seventh Circuit, court reaches 10 or 11 judges, ‘‘you have an obligation under the advise and con- 352; Eighth Circuit, 440; Ninth Circuit, exponential increase in the tension on the sent clause of the Constitution that if 455, the Tenth Circuit, 350; the Elev- court of the ability of the law not to be cer- we don’t think the judge is qualified to enth Circuit—my circuit, Florida, Ala- tain.’’ Judges claimed that there is a marked be on the Court, or perhaps he or she is bama, and Georgia—820 cases, com- decrease in collegiality when the appeals too much of an activist and not really pared to 141. That is six times as many court is staffed with more than 11 or 12 judges. Chief Judge Posner of the Seventh upholding the Constitution as it was cases per judge in the Eleventh Circuit written, then I think we have an obli- as in the Federal Circuit. Circuit thought that with 11 judges, the Sev- enth Circuit was ‘‘at the limit of what a gation to say that. The taxpayers of this country need to court ought to be’’ in terms of size. It is with some reluctance I must do give thought to whether or not we need The Seventh Circuit had more than that. That is my view. When I say to add a judge to this circuit. It is pret- twice as many cases per judge as the ‘‘qualified,’’ we don’t merely look at ty obvious we ought to consider that. Federal Circuit does today. the educational background of the Terminations per judge on the Federal The Grassley report further stated nominee or to the employment history Circuit represent only 17 percent of the there is a consistency cost with ex- to understand qualifications. I am cases terminated by a judge on the panding courts: more interested in the judicial philos- Eleventh Circuit. Not only is there a loss in collegiality the ophy: Is this nominee going to be an Senator GRASSLEY issued a report on larger a court becomes, there is also an in- activist judge for one issue or another? March 30, 1999, ‘‘On the Appropriate Al- crease in work required by the judges to Whether conservative or liberal, is that location of Judgeships in the United maintain consistency in the law. Judge the purpose of a judge—to go on the States Court of Appeals.’’ The report Wilkinson felt that more judges would not Court and be an activist for some par- assessed the need to fill one vacancy on lighten the burdens of a court, but would ac- ticular issue—or is it more appropriate the Federal Circuit. The court already tually aggravate these burdens further. for the judge to go on the Court and be had 11 active judges of the 12 author- The Federal Circuit, to which this an activist for the Constitution of the ized. judge would like to be appointed—and United States and interpret that Con- The Federal Circuit also had five sen- it would be a good position to draw stitution correctly? The latter is what ior judges at that time. Senior judges that big Federal judicial salary and I believe is the appropriate thing to do. contribute a lot to the workload. That have the lowest caseload in America As a member of the Judiciary Com- is a pretty high number. Almost half as —has the lowest terminations per mittee, I have searched through many many judges are senior judges who judge of any circuit court of appeals. It of the nominees this President has sent come in on a less-work level. They has a 16-percent decrease in overall forward. I must say I am shocked at don’t handle the most important en caseload, with a clear recommendation the amount of judicial activists. We banc cases, but they participate in from the Grassley subcommittee report have had some great clashes in this drafting opinions. They have law that there is not a need to add another body on Presidential nominees for the clerks. Many of them do almost as judge to this circuit. Court—Robert Bork, to name one, and many cases as an active judge. So they I suggest that we not approve this Clarence Thomas was another. It seems have five senior status judges. Maybe it judge, not because he is not a good per- that when the liberal side of the aisle is down to four now, but at that time son but because we don’t need to bur- goes after a judge, it is always appro- there were five senior judges. den the taxpayers with $1 million a priate, but if we go after a judge be- The Grassley report states: year for the rest of his life to serve on cause we think he or she is too far to In fact, the current status of the circuit a court that doesn’t need another the left in terms of activism, then, of actually supports the argument that the judge. In fact, they could probably get course, it is wrong. court could do its job with a smaller com- by with two or three fewer judges than But article II, section 2, of the Con- plement of 11 judges. As such, the case has they have right now and still have the stitution states that the President not yet been made that the current vacancy lowest caseload per judge in America. ‘‘shall nominate, and by and with the should be filled. We don’t have money to throw away. Advice and Consent of the Senate, shall That remains true today. The Fed- People act as though a million dollars appoint Ambassadors, other public eral circuit has 11 active judges now isn’t much money. A million dollars is Ministers and Consuls, Judges of the and 4 senior judges. a lot of money where I came from. I Supreme Court, and all other Officers On the issue of the cost of a judge- think we ought to look at that and put of the United States, whose Appoint- ship, people ask, how much does it cost our money where we have to have some ments are not herein otherwise pro- to add another judge? Just add a judge judges. There are some of those areas. vided for, and which shall be estab- and pay his salary, $140,000, $150,000 a I thank the Chair for the time to ex- lished by Law.’’ That means the lower year? That is not too bad. However, the press my thoughts on the Dyk matter courts, to put it in simple terms. actual cost of a Federal judge is $1 mil- and yield the remainder of my time to The Senate is not a rubber stamp for lion annually. They have two, three Senator SMITH from New Hampshire. any nomination, nor should it be. We

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4278 CONGRESSIONAL RECORD — SENATE May 23, 2000 have a right to speak out, and I specifi- time in American history this has ever Mr. Neas believes that most if not all cally, along with Senator SESSIONS, happened. We are standing here in Republicans are members of the ‘‘rad- asked for a recorded vote in the case of judgment of people who are appointed ical right.’’ Mr. Dyk and Mr. Lynch because I be- by a President who has been rec- He further said: lieve the Senate should go on record. ommended for disbarment. The effort by some elements of the con- Sometimes if the nominees are not The Arkansas bar, as you know, a servative religious and political movements controversial but simply share a dif- day or so ago recommended this. A to undermine support for public education ferent philosophical view from mine committee of the Arkansas Supreme goes back decades before Phyllis Schlafly and are not activist, and based on their Court recommended this past Monday and Gary Bauer and Pat Robertson came on background I believe they will look at the scene, before the days of the Heritage that the President be disbarred because Foundation, back before Newt Gingrich and the Constitution as fairly as possible, of ‘‘serious misconduct’’ in the Paula the Contract with America. in an objective manner, I don’t object Jones sexual harassment case. A ma- As you can see by his comments, to those nominees. jority of the panelists who met Friday People for the American Way is now I don’t expect President Clinton to to consider two complaints against the and has always been an anti-Christian, appoint a judge I might appoint. I re- President found that the President anti-conservative organization. spect that, and I understand that. That should be disciplined for false testi- He continues by attacking ORRIN is not the reason for the advise and mony about his relationship with HATCH, Governor George Bush, and consent clause, to simply disapprove Monica Lewinsky, the Arkansas Su- Senator JOHN MCCAIN for supporting every single nominee because you dis- preme Court said. He was, indeed, fined schooling voucher legislation. agree with the President’s politics. by another judge from Arkansas for Let me repeat that. He attacked Sen- The framers of our Constitution set- lying under oath. ator JOHN MCCAIN, Senator ORRIN tled on a judicial selection process that So it is ironic we are debating the would involve both the Senate and the HATCH, and Governor George Bush for qualifications of many fine jurists, supporting school vouchers. President. Remember, these are life- frankly, before us today, and in the time appointments. There is no going I guess Timothy Dyk might turn out newspapers we read about how our to be one of the greatest judges in the back, unless some horrible thing hap- President is facing disbarment. So it is pens in terms of malfeasance, where history of the world, for all I know. I a unique situation we face here and one can’t predict that. I am not in the busi- the judge is impeached. But for the I want everybody to understand. most part, a judicial appointment is ness of predicting the future. I am try- We break a lot of ground here. We do lifetime. A Federal judge is a Federal ing to take a look at what I have be- a lot of things that have never been judge for life. So if a few of us come fore me to make a decision on whether done before. We had an impeachment down to the Senate floor, as Senator or not a person is fit to be on the court. trial in the Senate a few months ago. SESSIONS and I have done, and talk I understand that the U.S. Chamber The Senate, in its infinite wisdom, said of Commerce is a staunch supporter, about these nominees, I don’t think the President was not guilty, but the that is so bad. They are appointed for but I have to vote no because I don’t Arkansas bar said otherwise. So it is a believe that a potential judge who uses life. So if we have concerns, I think very interesting twist of fate that now they should be raised. That is legiti- that kind of language and who makes nominees are being sent to the Senate those kinds of decisions with those mate on either side of the aisle. by a man who is recommended for dis- Nominees who are a danger to the kinds of organizations on a pro bono barment, and probably will be dis- separation of powers, who have shown basis is the kind of person I want on barred, from the practice of law in the evidence of legislating from the bench, the court. State of Arkansas. those are the kinds of nominees to I must say that there are thousands whom I am opposed. I am not opposed Let me conclude on a couple of points of judges—and thousands of people who to nominees based on a President’s po- on the nominees. I have spent a lot of want to be judges—all over America litical philosophy. I am opposed to time on the nomination of Timothy who serve, do it honorably, and inter- nominees who have shown evidence of Dyk, and I am very much opposed to pret the Constitution as fairly and as legislating from the bench. That is a Mr. Dyk being a District Judge for the equitably as possible. very important point to make. U.S. Circuit Court of Appeals for the Why is it that time and time again I might also say, before discussing Federal Circuit. Some of the material I before this body come these outrageous specifically the two nominees just for a looked at I am not going to go into on judicial activists appointed by this moment, that there is some irony in the Senate floor. But a couple of things President? Some have said, well, the this debate today because this is the in which Mr. Dyk was involved con- other side of the aisle gave you a lot of first time nominations have come be- cerned me. judges during the Bush administration. fore the Senate for a vote since the In a Washington Post article appear- A lot of those judges, if not most, were President of the United States has been ing in May of 1984, the Post reported not judicial activists. recommended for disbarment as an at- that Timothy Dyk ‘‘agreed to work for It is one thing to have a different torney by the State of Arkansas. Now, free for the anti-censorship lobby, Peo- philosophical view and to be nominated I don’t know if that has happened in ple for the American Way, to sue the by a President of a different philo- American history before. I don’t be- Texas Board of Education over the sophical view. We are not interested in lieve so. So I think I am correct in say- board’s 10-year-old rule that evolution philosophy on the Supreme Court, or ing this is the first time in American be taught as ‘‘only one of several expla- on any court. We are interested in sup- history that a sitting President has nations of the origins of mankind.’’ porting the Constitution and inter- been recommended for disbarment People for the American Way is pret- preting the Constitution the way the from the State he came from, and then ty much a liberal activist, anti-Chris- founders would have wanted us to do it. that same President is submitting tian group that seeks to rid public edu- They are not your activists. I don’t nominees to the courts in our land. cation of any mention of God at all in care about your activists. But I think I do not mean to imply anything by its educational language and lit- when you hear people representing on a this in terms of the qualifications of erature, or in schools. pro bono basis—for no money; you are the nominees, about their conduct in The president for the People for the doing it because you want to do it; you office or anything such as that. That is American Way, Ralph G. Neas, spoke in are not getting paid—there is a dif- not the intention. The intention here is January of 1999 about his vision of the ference. When somebody retains you as to point out that it is somewhat ironic People for the American Way. Listen a lawyer, you have every right to do that a man who showed total disregard to what he said because you have to re- that. That is the American way, and for the law, according to the law in the member that Mr. Dyk worked for them you have every right to do it pro bono. State of Arkansas, would now be send- pro bono, for nothing. Mr. Neas said: But it tells you about somebody when ing judges up to the Senate for ap- As you may know, People for the American they represent somebody pro bono. proval. So I bring this to the attention Way has always carefully monitored the rad- Terrorists were represented pro bono of my colleagues because it is the first ical religious right and its political allies. by Mr. Dyk.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4279 I think when you are looking at Mr. LEAHY. Mr. President, I am de- Professor Lynch criticized the author these things, you have to say to your- lighted to support the confirmation of for a ‘‘theory justifying judges in writ- self, well, these are the people with Jerry Lynch to the District Court for ing their own systems of moral philos- whom he wants to surround himself the Southern District of New York. ophy into the Constitution.’’ Nonethe- with pro bono services. I guess I have Professor Lynch is the Paul J. Kellner less, opponents of this nominee turn to ask, isn’t there anybody out there Professor of Law at Columbia Law the review on its head, as if Professor somewhere that we could have as a School, the outstanding law school Lynch were the proponent of the propo- nominee who doesn’t have to be out from which he received his law degree sition he was criticizing. there talking about and criticizing in 1975. He began his legal career by These opponents take a throw-away Members of the Senate because they clerking on the Second Circuit Court of line out of context from the book re- support school vouchers and are rep- Appeals for Judge Feinberg and then view and miss the point of the review. resenting groups that do that, or even on the United States Supreme Court What his critics miss is the fact that on the issue of evolution? I think it is for Justice Brennan. Professor Lynch argued against the Su- going too far. I think it is sad, frankly, He served as an Assistant U.S. Attor- preme Court being the politically ac- that we have to deal with it. ney in the Southern District of New tivist institution that the book he is The other nominee before us who has York back in the early 1980’s and as the criticizing seeks to justify. Professor been talked about already is Gerald Chief Appellate Attorney for that of- Lynch argues against judges, even Su- Lynch for the Southern District of New fice. In 1990 he returned to the office at preme Court Justices, becoming moral York. The reason I oppose his nomina- the request of President Bush’s U.S. philosophers. He writes, following the tion is for the same reasons. Attorney to head the Criminal Division excerpt on which his critics rely: As my colleague, Senator SESSIONS, of that office. [N]either of these claims has force when quoted, Attorney Lynch wrote: Even his opponents must describe the Court speaks through the medium of Justice Brennan’s belief that the Constitu- him as ‘‘a man of personal integrity moral philosophy. First, there is little rea- tion must be given meaning for the present and a man of considerable legal skill.’’ son to expect judges to be more likely than seems to me a simple necessity; his long and That he is. He is also a person who legislators to reach correct answers to moral untiring labor to articulate the principles of questions. After all, judges possess no par- served as a prosecutor during two Re- ticular training or expertise that gives them fairness, liberty, and equality found in the publican Administrations. Constitution in the way that he believed better insight than other citizens into made most sense today seems far more hon- Professor Lynch is well aware that whether abortion is a fundamental right or est and honorable than the pretense that the he has been nominated to the District an inexcusable wrong. Disinterestedness meaning of those principles can be found in Court and not to the United States Su- alone does not determine success in intellec- eighteenth or nineteenth-century diction- preme Court and that he will be bound tual endeavor. . . . aries. by precedent. He has committed to fol- Ignored by his critic is also the writ- That is a pretty legalistic phrase. low precedent and the law and not to ten answer that Professor Lynch fur- Let’s put it in English. It means what substitute his own views. In his an- nished Senator SESSIONS explaining the founders said in the 1700s isn’t rel- swers to the Judiciary Committee, he what he meant by the statement that evant. It is not relevant. It is relevant wrote: is being misread and misinterpreted, today. What is relevant today is rel- There is no question in my mind that the again, by his opponents. Professor evant today. And, frankly, the Con- principal functions of the courts is the reso- Lynch explained: stitution those guys wrote in the late lution of disputes and grievances brought to The quoted statement comes from a book 1700s doesn’t apply to us today. The the courts by the parties. A judge who comes review in which I sharply criticize a book Constitution is not the same. It is to- to the bench with an agenda, or a set of so- that makes the claim that courts have au- cial problems he or she would like to tally wrong. thority to enforce moral principles of its own ‘‘solve,’’ is in the wrong business. In our sys- choosing, a position I do not share. In the Why is it that we criticize those who tem of separation of powers, the courts exist wrote the Constitution when we at- quoted passage, I was attempting to explain to apply the Constitution and laws to the why the Supreme Court is given power to en- tribute time and time again to some cases that are presented to them, not to re- force the text of a written Constitution. great people who profess to be scholars solve political or social issues. The bulk of The other quote being criticized is on the Constitution? They come down the work of the lower courts consists of taken from a short memorial to Jus- here on the Senate floor saying: You criminal cases and the resolution of private tice Brennan, a man for whom Pro- know, the founders didn’t mean that; disputes and commercial matters. fessor Lynch had clerked and whom he that isn’t what they meant; they didn’t In fact, in specific response to writ- respected. The memorial was appar- mean to say that; if you look at it lit- ten questions from Senator SESSIONS, ently written just after Justice Bren- erally, it does not mean that. Professor Lynch wrote that he under- nan’s funeral. Professor Lynch wrote of When you go back and find the com- stands that the role of a district court Justice Brennan’s humanity and his ments of the founders, over and over judge requires him to follow the prece- patriotism. Nonetheless, it appears again the founders say exactly what dents of higher courts faithfully and to that even this statement of tribute to they meant. Not only did they write it give them full force and effect, even if a departed friend is grist for the mill of in the Constitution but they explained he personally disagrees with such opponents looking for something they it in their own words in the debate. precedents. can declare objectionable. And they still say they didn’t mean His opponents excerpt a couple lines Ignored by opponents is the direct re- what they said. of text from a 1984 book review and a sponse to Senator SESSIONS’ question I think if you find a document that eulogy to his former boss, Justice about the eulogy for Justice Brennan. was written by somebody and then you Brennan, rewrite them and argue that Professor Lynch responded to Senator find the explanation, and it says what their revisions of his words indicate a SESSIONS: they meant—they said, ‘‘This is what I judicial philosophy that he will not en- meant’’—that is pretty obvious. force the Constitution but his own pol- The statement quoted comes from a eulogy I think we are seeing evidence here icy preferences. They are wrong. to Justice Brennan on the occasion of his death. I do not believe that good faith at- again of a person who will be another I have read the articles from which tempts to discern the original intent of the judicial activist who is going to say the opponents excerpted out of context a framers are dishonest or dishonorable. Constitution isn’t relevant today, so, phrase here and a phrase there to try Judges and historians daily make honorable therefore, I can put my interpretation to construct some justification for op- and honest attempts to understand the into the Constitution. That is the kind posing this nominee. In his 1984 book thoughts of the framers. of nominees that we are talking about review, Professor Lynch was criticizing Too often, however, the history that law- here. This is very troubling. a book that defended the legitimacy of yers present to courts is deliberately or inad- That is why I rise today to oppose constitutional policymaking by the ju- vertently biased by the position that lawyers as advocates would like to reach, and such both the nominations of Timothy Dyk diciary. That’s right: Professor Lynch resort to partial and limited sources can be and Gerard Lynch, and I will also op- was on the side of the debate that criti- used to support results that accord with pol- pose a couple of other nominees in the cized personal policymaking by judges icy preferences. While Justice Brennan took future. and counseled judicial restraint. positions that can be criticized as activist, it

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4280 CONGRESSIONAL RECORD — SENATE May 23, 2000 is generally agreed that he was forthright in with the language of the document. As with comparison of apples and oranges. The Fed- stating his approach. legislation passed by the Congress, it is the eral Circuit data appear to have been com- Likewise ignored is Professor wording of the Constitution that was ratified puted using a ‘‘mean’’ or average number, by the people and that constitutes the bind- while the data for the other Circuits was Lynch’s statement to Senator SES- ing contract under which our Government is computed using a median number. Over the SIONS: ‘‘The judge’s role is to apply the created. most recent five-year period (1994–1998), law, not to make it.’’ In attempting to understand the language, using median data, the disposition time for Also ignored are the acknowledg- it is most important to look to the original the Federal Circuit exceeded that for the ments by Professor Lynch in the intent of those who wrote it and the context Second, the Third and the Eighth Circuits. course of the memorial itself that the in which it was written. At the same time, The most recent data (for 1998) show that the ‘‘charge that Justice Brennan confused with respect to many of those principles, the median disposition time for the Federal Cir- Framers intended to adopt very broad prin- his own values with those of the Con- cuit equals or exceeds that from four other ciples. Sometimes the understanding of Circuits (the First, Third, Eighth and Dis- stitution does capture one piece of the those principles changes over time. truth’’ and that the ‘‘problem, and here trict of Columbia). Moreover, the median In truth, the opposition to this nomi- disposition time for the Federal Circuit in- is the heart of the argument against nation seems to boil down to the fact creased 20%; from 7.9 months in 1994 to 9.5 Brennanism, is that there will always that Professor Lynch clerked for Jus- months in 1998. These data directly support be different interpretations of what tice Brennan, a distinguished and re- acting on the pending nomination. those core shared values mean in par- spected member of the United States To be sure the Federal Circuit has a small- ticular situations.’’ I commend Pro- Supreme Court, more than 20 years er numerical caseload than other Circuits fessor Lynch for his candor. ago. because the Federal Circuit, as Congress pre- It is sad that Senators have come to scribed, does not hear criminal or prisoner In light of the arguments made by cases. But it does have a heavy (and increas- oppose nominees and the Senate has re- the Senator of Alabama on the work- fused to move forward on nominees be- ing) docket of intellectual property cases load of the Federal Circuit, I wanted to and other forms of complex litigation. cause they clerked, as young lawyers add to the RECORD the letter from the Congress intended to give the Federal Cir- just out of law school for a certain Chamber of Commerce to the Sub- cuit exclusive jurisdiction over patent cases, judge or because clients they rep- committee on Administrative Over- and to be the court of last resort in the vast resented during the course of their sight and the Courts from last summer. majority of those cases. (Supreme Court Re- practice and while fulfilling their pro- Although these statistics are as out of view is unlikely because there can be no con- fessional responsibilities had certain date as those used by the Senator from flict with another Circuit). Under these cir- types of claims and charges against Alabama, the letter makes several im- cumstances, it is critical to the Congres- sional design and to the business community them or brought certain types of portant points. The caseload of the claims. That is what underlies the op- that the court not give short shrift to these Federal Circuit is not inflated by pris- important cases. There is a substantial risk position to both this highly qualified oner cases but is filled with com- that if the Federal Circuit is understaffed, nominee and to Fred Woocher, a nomi- plicated intellectual property cases and limited to ten judges, it will not have nee to an emergency vacancy on the and other complex litigation. I ask time to give these cases the attention that District Court for the Central District consent to print the August 1999 letter they deserve. The Chamber, as well as busi- of California. from the Chamber of Commerce in the ness-organizations such as Eastman Kodak, Mr. Woocher participated in a con- RECORD. Ingersoll Rand and Lubrizol, expressed this firmation hearing last November and There being no objection, the letter concern to the Committee. has been denied consideration by the was ordered to be printed in the Finally, we understand Senator Grassley’s concern that the Federal Circuit does not Judiciary Committee for more than six RECORD, as follows: have a formal mediation program. We note months. Mr. Woocher has had a distin- CHAMBER OF COMMERCE OF THE that Mr. Dyk, in his first hearing, supported guished legal career and is fully quali- UNITED STATES OF AMERICA, the creation of such a program, and that he fied to serve as a District Judge. But Washington, DC, August 3, 1999. has extensive experience in mediating intel- Mr. Woocher clerked for Justice Bren- Hon. CHARLES E. GRASSLEY, lectual property cases. He could make it im- nan after his academic studies at Yale Chairman, Subcommittee on Administrative portant to the Court in that area, and we and Stanford. Oversight and the Courts, Hart Senate Of- urge that the Court be allowed to secure the fice Building, Washington, DC. benefit of Mr. Dyk’s services as soon as pos- Apparently, Senators who are hold- DEAR CHAIRMAN GRASSLEY: This letter ing up consideration of Mr. Woocher sible. again urges that the Judiciary Committee Sincerely, likewise believe that those who do not promptly consider the nomination of Tim- LONNIE P. TAYLOR. favor the conservative activism of Jus- othy Dyk for the Federal Circuit and that tice Scalia or Chief Justice Rehnquist that nomination be reported out of Com- Mr. KOHL. Mr. President, I rise to should oppose the appointment of peo- mittee before August recess. It has been al- support the long overdue confirmation ple who clerked for such jurists. Cer- most sixteen months since Mr. Dyk was first of Tim Dyk to the Federal Circuit. The nominated to the Federal Circuit, it has been Judiciary Committee reported out Mr. tainly that is the point that they are nearly a year since he was first voted out of establishing by their opposition to Dyk in 1998 by an overwhelming, bipar- Committee. So far as the Chamber is aware, tisan margin. Unfortunately, Mr. Dyk’s these outstanding nominees. he is the only judicial nominee voted out of Any Senator is entitled to his or her Committee last year who has been scheduled nomination died a slow death last Con- opinions and to vote as he or she sees for a second hearing. We urge that a second gress, as he waited in vain for con- fit on this or any nominee. But the ex- hearing is unnecessary. firmation by unanimous consent or, in cerpts relied upon by opponents of Pro- We understand that the principal concern the alternative, at least a floor vote. about Mr. Dyk’s nomination now relates to fessor Lynch, from over 20 years of This Congress, Mr. Dyk has had wait the need to fill the vacancy. There are now yet another year and a half for Senate writing and legal work, do not support not one, but two vacancies on the Federal the conclusion that Professor Lynch is Circuit. We recommend that Mr. Dyk’s nomi- consideration after his renomination insensitive to the proper role of a judge nation be acted upon promptly so that the and second overwhelming Judiciary or that he would ignore the rule of law Federal Circuit will not be seriously under- Committee approval. This delay has or precedent. To charge that Judge staffed. been unfair to Mr. Dyk and his family, Lynch would consider himself not to be The question about the need to fill the va- who have had to put their lives on hold cancy was considered in the March 1999 Re- as he awaits confirmation. It has also bound by the plain words of the Con- port on the Appropriate Allocation of Judge- stitution is to misperceive Jerry Lynch ships in the United States Courts of Appeals. been unfair to the Federal Circuit, and ignore his legal career. The Report generally agrees that ‘‘the best which will be enormously enhanced by With respect to the unfounded charge measure of when a court requires additional his ascension. We are lucky Mr. Dyk that Professor Lynch would interpret judges is how long it takes, after an appeal was willing to wait; other outstanding the Constitution by ignoring its words, is filed with a court, to reach a final decision candidates, however, may be dissuaded that is simply not true. Here is what on the merits.’’ (p.5) The Report also states from making the already arduous sac- that: Over the last five years, the Federal rifices necessary to serve in the federal Professor Lynch told Senator THUR- Circuit’s ‘‘mean disposition is the lowest of MOND at his confirmation hearing: any circuit court. . . .’’ judiciary. I believe, Mr. Chairman, that the starting But the Report’s comparison between the Finally, it now appears that Mr. Dyk place in interpreting the Constitution is Federal Circuit and the other Circuits is a is reaching the end of his long road to

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4281 confirmation and will soon take his de- Mr. Smith, all of them are barred also paid to a candidate, speech subject to served seat on the bench. He is an ex- from serving on the FEC. Clearly, that full disclosure and prompt evaluation cellent candidate—a graduate of Har- would be an absurd result. by the public, is not * * * This mocks vard College and Harvard Law School, The Democratic nominee before the the First Amendment. Our First a law clerk to Chief Justice Earl War- Senate, Mr. McDonald, disagrees even Amendment principles surely says that ren on the Supreme Court, and a liti- more sharply with the Supreme Court an interest thought to be the compel- gator with a long, distinguished prac- than Professor Smith. In open and re- ling reason for enacting a law is cast tice and a history of public service. corded meetings of the FEC on August into grave doubt when a worse evil sur- I strongly support this nominee and 11, 1994, in response to a recitation of faces than the law’s actual operation. urge my colleagues to join me in sup- election laws interpreted by the Su- In my view, that system creates dan- porting his confirmation. preme Court, Mr. McDonald declared: gers greater than the one it has re- Mr. President, I suggest the absence The Court just didn’t get it. placed. of a quorum. He doesn’t care what the courts say. So, I guess this passage would dis- The PRESIDING OFFICER. The Clearly, we can’t confirm him if dis- qualify Justice Kennedy of the Su- clerk will call the roll. agreement with the law disqualifies an preme Court from serving on the Fed- The legislative clerk proceeded to FEC nominee. If there is anyone who eral Election Commission. So, are we call the roll. has displayed contempt for the law, it to punish Professor Smith for telling Mr. MCCONNELL. Mr. President, I is Danny McDonald, not Brad Smith. the truth? Professor Burt Neuborne of ask unanimous consent that the order Mr. Smith has acknowledged that his the Brennan Center has written that at for the quorum call be rescinded. view that there should be no contribu- least three extremely unfortunate con- The PRESIDING OFFICER. Without tion limits is no more the law than is sequences flow from Buckley. objection, it is so ordered. the view of the Brennan Center and Neuborne also writes that: NOMINATION OF BRADLEY SMITH Common Cause and some of my col- Reformers overstate the level of downright Mr. MCCONNELL. I yield myself leagues that there should be expendi- dishonesty existing in our political culture; whatever time I consume. ture limits. Moreover, he has made furtherer deepening public cynicism. Mr. President, I begin my comments clear he would have no problem enforc- Then is Professor Neuborne prohib- by rebutting some of the points made ing contribution limits. ited from serving on FEC? We all know by colleagues on the other side of the When asked if he would pledge to up- that many of the problems with the Brad Smith nomination. One of the hold his oath, he said he would proudly current system are caused by exces- quotes used against Professor Smith and without reservation take that sively low contribution limits. Presi- out of context was that he said: oath, and everyone who knows him, in- dent Clinton, other Democrats, and The most sensible reform is the repeal of cluding Dan Lowenstein, former na- many people from my own party have the Federal Election Campaign Act. tional board member of Common publicly acknowledged this reality and Using this quotation to imply that Cause, has no doubt that Brad Smith the need for raising hard money limits. Professor Smith would repeal the will faithfully enforce the laws written So I guess all of those folks would also FECA exemplifies the meritless argu- by Congress and interpreted by the be disqualified from serving on the ments being used to block the nomina- courts. FEC. tion of the most qualified FEC nominee Professor Smith’s detractors fail to Professor Smith is opposed also be- in the history of the Federal Election note that he has made clear in his tes- cause he has written that the Federal Commission. timony before the Rules Committee election law is profoundly undemo- When this statement is read in con- that if the Shrink Missouri case had cratic and profoundly at odds with the text and the ellipsis are removed, it is been a Federal case and come before first amendment. clear that Professor Smith is only the FEC for an enforcement action, he It has been said that Professor Smith talking about the contribution limits would have had no problem voting for is unfit for the FEC because he believes in the Federal Election Campaign Act. enforcement action in that kind of that the Federal election law is pro- On that point he is in pretty good com- case. foundly at odds with the first amend- pany: Chief Justice Warren Burger and So the notion that Smith ignored ment. Quoting his 1995 policy study Justice Hugo Black also held that Shrink PAC in his testimony is com- from Cato Institute: view. Justices Scalia and Thomas hold pletely unfounded. I refer my col- Here is the Supreme Court in Buck- that view. Professor George Priest of leagues to page 40 of the Rules Com- ley. Justice Brennan, in fact, who is the Yale Law School, Professor John mittee Hearing Report dated March 8 known to have written the opinion: Lott of Yale Law School, Dean Kath- of this year. Opponents argue Professor The Supreme Court’s decisions in Mills v. leen Sullivan at Stanford Law School, Smith says problems with election law Alabama and Miami Herald Publishing v. Dean Nelson Polsby at George Mason have been ‘‘exacerbated or created by Tornillo held that legislative restrictions on Law School, and former Solicitor Gen- the Federal Election Campaign Act’’ as advocacy of the election and defeat of polit- eral and Justice of the Massachusetts interpreted by the courts. ical candidates are wholly at odds with the Supreme Court and now Harvard law So what? Supreme Court Justices first amendment. professor, Charles Fried, have all es- have expressed concern that the Fed- So, now we are keeping Professor poused this view on campaign contribu- eral Election Campaign Act as inter- Smith off the FEC, it is argued, for tion limits. preted by the courts has had unin- quoting from the majority opinion in I assume all of them would by that tended consequences which have exac- the Buckley case? From quoting from argument be barred from serving on erbated or created problems with our the majority opinion in the Buckley the Federal Election Commission. Of campaign finance system. The Su- case? Before reformers began attacking course, they would not be barred from preme Court Justices have said that. In Justice Brennan for authoring this serving on the Federal Election Com- Shrink PAC, Justice Kennedy opined: quotation that Mr. Smith has cited, let mission, and neither should Professor It is the Court’s duty to face up to ad- me note that Justice Brennan’s obser- Smith. verse, unintended consequences flowing vation has been borne out by the fact In holding this view, Mr. Smith is no from our prior decisions. that provisions of FECA are still being more in disagreement with the law He goes on to assert, FECA and cases declared unconstitutional as recently than the Brennan Center and Common interpreting it have ‘‘forced a substan- as the first week of May, when the Cause, Professor Neuborne, and others tial amount of political speech under- Tenth Circuit Court of Appeals de- who think the law should allow expend- ground.’’ Noting the problems created clared unconstitutional the party-co- iture limits. These people at the Bren- by the Federal Election Campaign Act, ordinated expenditure limits. nan Center and Common Cause advo- Justice Kennedy explained that under It is worth noting this was in a 1996 cate a position contrary to the law as existing law ‘‘issue advocacy, like soft case on remand from the Supreme declared by the Supreme Court in money, is unrestricted—see Buckley at Court, a case known as Colorado Re- Buckley and affirmed in Shrink PAC. 42 to 44—while straightforward speech publican, in which the Supreme Court Under the standard being applied to in the form of financial contributions declared unconstitutional the party

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4282 CONGRESSIONAL RECORD — SENATE May 23, 2000 independent expenditure limits in the Even the Brennan Center acknowl- spected legal scholar who has been Federal Election Campaign Act, de- edges that disagreement over Buckley mentioned by both Democrats and Re- spite reformer assertions that they does not disqualify a person from inter- publicans as a possible Supreme Court were undoubtedly constitutional. preting Buckley. The Brennan Center nominee. So, it is simply absurd to attack Pro- has come under fire for its book ‘‘Buck- Judge Cabranes, however, has been a fessor Smith for quoting from a major- ley Stops Here,’’ and its views that the frequent and outspoken critic of the ity opinion in a Supreme Court case. current Federal Election Campaign Act law he follows every day. He has writ- But that is what Professor Smith’s de- is flawed. I wonder if my colleagues on ten a book and law review articles ar- tractors are doing. They are saying he the other side of the aisle would vote guing that current Federal sentencing is unfit to serve on the Supreme against the executive director of the laws and guidelines are ill conceived Court—in this case the Federal Elec- Brennan Center or the legal director of and ‘‘born of a naive commitment to tion Commission—because he quotes the Brennan Center who have criticized the ideal of rationality.’’ Judge majority opinions that are binding the current campaign finance law and Cabranes has stated: laws and factually correct statements the Supreme Court’s decision in Buck- The utopian experiment known as the U.S. of how FECA has been treated by the ley? The Brennan Center has com- Sentencing Guidelines is a failure. . .. courts. mitted blasphemy, equal to that of Moreover, the respected Judge I might also note that efforts to Professor Smith, by actually criti- Cabranes disagrees with what has been paint this quotation as an absolute cizing the reformers. popularly referred to as reform. Spe- statement of his views on the entire For example, Burt Neuborne, the cifically, the judge explains that the Federal Election Campaign Act also Brennan Center’s legal director, has sentencing reformers’ ‘‘fixation on re- lack any merit. If one reads the article stated: ducing sentencing disparity. . .has in which Bradley Smith recites this Reformers overstate the level of downright been a mistake of tragic propor- quotation by the Court, he makes clear dishonesty existing in our political culture, tions. . ..[T]he ideal [of equal treat- that he supports many aspects of the further deepening public cynicism. ment] cannot be, and should not be, Federal Election Campaign Act, in- Moreover, Neuborne has written pursued through complex, mandatory cluding the statute’s disclosure provi- that: guidelines. We reject the premise of sions. Arguments being asserted Contribution and spending limits freeze [the] reformers. . ..’’ against Professor Smith are, at best, the political status quo by providing unfair Does this mean Judge Cabranes is half truths constructred by reform advantages to incumbents. unfit to be a Federal judge because he groups, but many simply misstate Neuborne has gone after the Holy does not personally agree with the sen- Smith’s position and reformers and Grail here. He has actually criticized tencing law he must follow every day their allies at the New York Times and Congress and the Federal Election from the bench? Is Judge Cabranes, the Washington Post persist in advanc- Campaign Act. Would those who oppose who is an otherwise widely respected ing these specious arguments, even Brad Smith also oppose the Brennan judge, unfit to serve because he dis- after they have been shown to lack any Center? agrees with the reformers, the wisdom merit whatsoever. I would hope not. In fact, the Bren- of Congress, and the sentencing laws? It seems that Professor Smith’s de- nan Center’s own web page acknowl- Of course not. tractors will say anything to get what edges that this type of reasoning is in- Let’s look to the Supreme Court for they want without any regard for ei- valid. Let me quote the Brennan Cen- a moment on the specific issue of cam- ther facts or logic. ter regarding disagreements over Buck- paign finance law where reasonable I also note even the intellectual lead- ley and the Federal Election Campaign people have and do disagree. er of the reform movement, Burt Act: In the landmark case of Buckley v. Neuborne, has written that: The fact that a person believes that the Valeo, the Court had the difficult task The arguments against regulation are pow- Court should revise its constitutional rulings of harmonizing the Federal Election erful and must be respected. does not mean that either side disrespects Campaign Act with the First Amend- Professor Smith’s opponents con- the law or is disqualified from interpreting ment to the Constitution. Ultimately, clude he should not be confirmed be- Buckley. Moreover, there is no direct cor- the Court’s decision in Buckley estab- cause he has said: relation between attitudes towards Buckley lished what has been the law of the People should be allowed to spend what- and constitutional analysis of proposed cam- land now for the past quarter-century. ever they want on politics. paign finance reforms. I think it is worth noting, however, Well, so what? Under current law, One of the most troubling solutions that every Supreme Court Justice sit- people can spend whatever they want asserted during this confirmation de- ting in that case disagreed with the in the form of independent expendi- bate is that if a nominee has personally law Congress had passed. tures. Parties can spend whatever they questioned the law of Congress, then Several of these renowned Justices want in the form of independent ex- somehow that nominee is disqualified even questioned the law that was ulti- penditures and coordinated expendi- from government service. Imple- mately established by the Court’s in- tures. Wealthy candidates such as Jon menting these new type of litmus tests terpretation in Buckley. For example, Corzine in New Jersey can spend what- for government service seems short- Justice Thurgood Marshall dissented in ever they want from their personal for- sighted and ill advised, to put it mild- part. Justice Blackmun dissented in tunes. Moreover, this statement clear- ly. Certainly most Members of Con- part. Justice White, Chief Justice ly refers to expenditure limits. Since gress would be disqualified from future Burger, and the current Chief Justice Buckley, the Supreme Court has con- service in the executive or judicial Rehnquist—all of these jurists dis- sistently held expenditure limits un- branch under this new test, since near- agreed with both the law Congress constitutional. Although so-called re- ly everyday we question the wisdom of passed and the law the Court created formers wish this were not the law, it our laws and regularly vote in opposi- through its interpretation in Buckley. is the law. So, again, we are punishing tion to various laws. Several years after Buckley, Justice Professor Smith for stating what the This new litmus test barring govern- Marshall continued to question the law law is, not what the reformers would ment service for those who question established in Buckley. Does that mean like it to be. the law would clearly exclude many the Senate would have denied Justice I would also like to note that Burt fine and capable men and women. For Thurgood Marshall a seat on the FEC if Neuborne of the Brennan Center agrees example, it is not uncommon for Fed- he had desired such a seat? Would Jus- with Brad Smith that contribution and eral judges to personally disagree with tice Marshall be unfit to serve a fixed spending limits have undemocratic ef- Congress’ efforts to establish manda- term on a bipartisan commission? fects. Neuborne has written: tory minimum sentences or uniform What about Chief Justice Burger who Contribution and spending limits and un- sentences through the use of the Fed- argued Congress did not have the power fair allocation of public subsidies freeze the eral sentencing guidelines. Judge Jose to limit contributions, require disclo- political status quo, providing unfair advan- Cabranes, of the Court of Appeals for sure of small contributions, or publicly tage to incumbents. the Second Circuit, is a widely re- finance Presidential campaigns? If the

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4283 Chief Justice had wanted a seat on the ulation; another camp prefers less reg- I have serious questions about FEC, would the Senate have rejected ulation. Neither camp is perfectly McDonald’s 18-year track record at the Chief Justice Burger as unfit to serve? happy with the current state of the FEC. Commissioner McDonald’s views After all, Chief Justice Burger’s opin- law. and actions have been soundly rejected ion is in contrast with that of the New One camp is made up of the New by the Federal courts in dozens of York Times. Would Chief Justice Burg- York Times, Common Cause, the Bren- cases. er have been unfit to serve a fixed term nan Center, and scholars such as Pro- One of these cases, decided earlier on a bipartisan commission? fessors Ronald Dworkin, Daniel this year, Virginia Society for Human What about my fellow colleagues who Lowenstein, and Burt Neuborne. I Life v. FEC, resulted in a nationwide question the Court’s decision in Buck- might add that reformers Neuborne injunction against an FEC regulation ley? The junior Senator from Cali- and Lowenstein have both written that Commissioner McDonald has en- fornia, for example, said on the floor of strong letters in support of Brad dorsed for years. the Senate only a few months ago: Smith’s scholarship and writings on Let me point out that this McDon- I am one of these people who believe the campaign finance. ald-endorsed regulation had already Supreme Court ought to take another look The other camp is occupied by citizen been struck down by several other Fed- at Buckley v. Valeo because I think it is off groups ranging from the ACLU to the eral courts. Yet McDonald has contin- the wall. National Right to Life Committee, and ued to defy the Federal court rulings Would my colleagues on the other scholars such as Dean Kathleen Sul- and stubbornly refuses to support side of the aisle oppose the junior Sen- livan, and Professors Joel Gora, Lillian changing the regulation. Two other ator from California if she retired from BeVier, and Larry Sabato. It is prob- cases, FEC v. Christian Action Net- the Senate and wanted to become an ably fair to say Danny McDonald is in work and FEC v. Political Contribu- FEC Commissioner? After all, she dis- one camp and Brad Smith is in the tions Data, Inc. resulted in the U.S. agrees with the law and with the other. I definitely agree with one camp Treasury paying fines because the ac- Court’s decision in Buckley. Would she more than I do the other, but I do not tion taken by McDonald and the FEC be unfit to serve? think agreement with either camp was ‘‘not substantially justified in law What about noted scholars such as makes a person a lawless radical or a or fact.’’ Joel Gora, the associate dean of the wild-eyed fanatic. And, I certainly do Just last Friday, the Tenth Circuit Brooklyn Law School, who has criti- not think membership in either camp struck down yet another FEC enforce- cized the Federal Election Campaign should disqualify a bright, intelligent, ment action as unconstitutional. Act? Or Ira Glasser of the American ethical election law expert from serv- I ask unanimous consent to print in Civil Liberties Union? Both Gora and ice on a bipartisan Federal Election the RECORD a list of a dozen cases Glasser were lawyers in the original Commission. where the Federal courts have rejected Buckley case. Or Kathleen Sullivan, Finally, and most importantly, the the actions of McDonald and the FEC the dean of the Stanford Law School? overwhelming letters of support for as unconstitutional. Or Lillian BeVier of the University of Brad Smith and his unequivocal testi- There being no objection, the list was Virginia Law School? Or Professor mony before the Rules Committee con- ordered to be printed in the RECORD, as Larry Sabato of the University of Vir- vince me without a doubt that Brad follows: ginia and a former member of the 1990 Smith understands that the role of an Commissioner Mcdonald’s views have been Senate Campaign Finance Reform FEC Commissioner is to enforce the soundly rejected by the federal courts in doz- Panel named by Majority Leader law as written and not to remake the ens of cases. The following twelve cases are George Mitchell? Would these re- law in his own image. examples of the court’s rejection of Mcdon- As I mentioned earlier, critics who ald’s views as unconstitutional. spected scholars, who question the law One of these cases, decided earlier this and share many of Professor Smith’s have philosophical differences with year, Virginia Society for Human Life v. election law views, be disqualified from Professor Smith should heed the words FEC, resulted in a nationwide injunction Government service at the FEC? of Professor Daniel Kobil, a former against an FEC regulation that Commis- Professor Smith’s sin, in the eyes of board member of Common Cause. This sioner Mcdonald has endorsed for years—in the reform industry, is twofold: One, he is what he had to say: refinance of several court rulings declaring understands the constitutional limita- I believe that much of the opposition— it unconstitutional. Two of these cases, FEC v. Christian Ac- tions on the Government’s ability to Referring to Professor Smith— tion Network and FEC v. Political Contribu- regulate political speech, and, two, he is based not on what Brad has written or said tions Data, Inc. resulted in the U.S. Treasury has personally advocated reform that about campaign finance regulations, but on paying fines because the action taken by is different from the approach favored crude caricatures of his ideas. . . . Although Mcdonald and the FEC was ‘‘not substan- by the New York Times. I do not agree with all of Brad’s views on tially justified in law or fact.’’ Let me say loudly and clearly, I be- campaign finance regulations, I believe that 1. Fed v. Colorado Republican Party, his scholarly critique of these laws is cogent lieve that neither an appreciation for U.S. Supreme Court, 116 S. Ct. 2309 (1996). and largely within the mainstream of cur- 2. Fed v. National Conservative PAC, the first amendment nor disagreement rent constitutional thought. . . . I am con- U.S. Supreme Court, 470 U.S. 480 (1985). with the New York Times and Common fident that he will fairly administer the laws 3. Colorado Republican v. FEC, 10th Cir- Cause should disqualify an election law he is charged with enforcing. . . . cuit Court of Appeals, 200 U.S. App, LEXIS expert for service on the Federal Elec- Let me add the sentiments of Pro- 8952 (May 5, 2000). tion Commission. fessor Daniel Lowenstein of UCLA Law 4. FEC v. Christian Action Network, 4th As the numerous letters that have Circuit Court of Appeals, 110 F.3d 1049 (1997) School, also a former board member of (Court fined FEC for baseless action). been flooding to me at the committee Common Cause. This is what he had to 5. Faucher v. FEC, 1st Circuit Court of establish, Professor Smith’s views are say: Appeals, 928 F.2d 468 (1991). well within the mainstream of con- Smith possesses integrity and vigorous in- 6. Clifton v. FEC, 1st Circuit Court of stitutional jurisprudence and com- telligence that should make him an excel- Appeals, 114 F.3d 1309 (1997). mend, not disqualify, him for Govern- lent commissioner. He will understand that 7. RNC v. FEC, D.C. Circuit Court of Ap- ment service at the FEC. Personally, I his job is to enforce the law, even when he peals, 76 F.3d 400 (1996). does not agree with it. 8. FEC v. Political Contributions Data, think Professor Smith’s views would be Inc., 2nd Circuit Court of Appeals, 943 F.2d a breath of fresh air at a Commission Let me say a few words about the 190 (1991). (Court fined FEC for baseless ac- whose actions have all too frequently Democrats’ nominee to the FEC, Com- tion). been struck down as unconstitutional missioner Danny McDonald. First, the 9. FEC v. NOW, U.S. District Court for by the courts. obvious: McDonald and I are in dif- the District of Columbia, 713 F. Supp. 428 Let me point out that the world of ferent campaign finance reform camps. (1989). campaign finance is generally divided If I followed the new litmus test that is 10. FEC v. Survival Education Fund, U.S. District Court for the Southern District of into two camps of reasonable people being put forth by some in this con- New York, 1994 WL 9658 at *3 (1994). who disagree with the Supreme Court’s firmation debate, then I would have no 11. Right to Life of Dutchess County v. interpretation of the First Amendment choice but to vigorously oppose his FEC, U.S. District Court for the Southern in Buckley. One camp prefers more reg- nomination. District of New York, 6 F. Supp. 2d 248 (1988).

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4284 CONGRESSIONAL RECORD — SENATE May 23, 2000 12. Virginia Society for Human Life v. way for people wishing to engage in open and CAN’s defense of meritless litigation. His FEC, United States District Court for the robust discussion of public issues to know ex vote was particularly disturbing, because the Eastern District of Virginia, 3:99CV559 (2000). ante whether their speech was of a nature CAN case was not the last time Commis- Mr. MCCONNELL. The list certainly such that it had to comply with the regu- sioner McDonald voted to pursue litigation does not contain all the cases where latory regime established by the FECA. The based on an impermissibly broad and subjec- Court did not want people to have their core tive definition of express advocacy. See, e.g., McDonald’s views have been rejected First Amendment right to engage in discus- FEC v. Freedom’s Heritage Forum, No. 3:98CV– by the Federal courts, but it should sion of public issues (even those intimately 549–S (W.D. Ky September 29, 1999). Sadly the give Members on both sides of the aisle tied to public officials) burdened by the ap- CAN litigation did not cause Commissioner a sense for which nominee is truly out prehension that, at some time in the future, McDonald to question his broad and subjec- of step with the law, the courts, and their speech might be interpreted by the gov- tive theory of express advocacy. While the the Constitution. ernment as advocating the election of a par- CAN case was being litigated, Commissioner I ask unanimous consent to print in ticular candidate. Ten years after Buckley, in McDonald voted to enact a regulation that FEC v. Massachusetts Citizens for Life, Inc., 479 defines express advocacy in exactly the same the RECORD a copy of a letter from a U.S. 238 (1986), the Court reaffirmed the ob- broad and subjective terms that the courts first amendment lawyer, Manuel jective, bright-line express advocacy stand- have rejected. And despite this regulation Klausner, who has been honored with ard. being declared unconstitutional on several the Lawyer of the Year award for the Despite these clear,unequivocal precedents occasions, see, e.g., Maine Right to Life Com- Los Angeles Bar Association. Mr. from the Supreme Court regarding the mittee v. FEC, 98 F.3d 1 (1st Cir. 1996), Com- Klausner details serious concerns bright-line, prophylactic standard for ex- missioner McDonald has repeatedly voted about Commissioner McDonald’s vot- press advocacy, it is my view that Commis- against amending the agency’s definition of ing record at the FEC. sioner McDonald has flouted the rule of law. express advocacy to comply with the law as There being no objection, the letter He has consistently supported FEC enforce- declared by the courts of the United States. ment actions and regulations that seek to Earlier this year, the United States District was ordered to be printed in the establish a broad, vague and subjective Court for the Eastern District of Virginia RECORD, as follows: standard for express advocacy. In doing so, issued a nationwide injunction against the LAW OFFICES OF MANUEL S. KLAUSNER, Commissioner McDonald seeks to create ex- FEC’s enforcement of the broad and subjec- Los Angeles, CA, February 29, 2000. actly the type of apprehension among speak- tive definition of express advocacy that Senator MITCH MCCONNELL, ers that the First Amendment (as inter- Commissioner McDonald has consistently Chairman, United States Senate Committee on preted by the Supreme Court) prohibits. supported. Virginia Society for Human Life, Rules and Administration, Senate Russell After the 1992 presidential election, Com- Inc. v. FEC, No. 3:99CV559 (E.D. Va. Jan. 4, Bldg., Washington, DC. missioner McDonald voted to pursue an en- 2000). Nevertheless, just a few weeks ago, DEAR SENATOR MCCONNELL: I am an attor- forcement action against the Christian Ac- Commissioner McDonald voted against re- ney in Los Angeles, and my practice empha- tion Newtwork (CAN) for issue ads it ran considering the agency’s definition of ex- sizes First Amendment, election law and concerning Governor Bill Clinton’s views on press advocacy. civil rights litigation. By way of back- family values. McDonald supported the suit It must be noted that Commissioner ground, I am a founding editor of REASON against CAN despite the fact that the Gen- McDonald cannot reasonably assert that his Magazine and a trustee of the Reason Foun- eral Counsel conceded that CAN’s advertise- support for a broad and subjective definition dation. I serve as general counsel to the Indi- ment ‘‘did not employ ‘explicit words,’ ‘ex- of express advocacy is grounded in the Ninth vidual Rights Foundation. This letter is press words’ or ‘language’ advocating the Circuit’s decision in FEC v. Furgatch, 807 written on my own behalf, and is not in- election or defeat of a particular candidate F.2d 857 (9th Cir. 1987). As more than one tended to reflect the views of Reason Foun- for public office.’’ FEC v. Christian Action court has made clear, Furgatch is an inher- dation or the Individual Rights Foundation. Network, 110 F.3d 1049, 1050 (4th Cir. 1997). ently suspect decision because it does not I was formerly a member of the faculty of McDonald voted for the case to proceed on discuss or even mention the Supreme Court’s the University of Chicago Law School and the theory that the ad constituted express ruling in MCFL, which was decided a month am a past recipient of the Lawyer-of-the- advocacy—not because of any express calls before Furgatch. But, even to the extent Year Award from the Constitutional Rights to action used in it, but rather because of Furgatch is good law, the broad definition of Foundation and the Los Angeles Bar Asso- ‘‘the superimposition of selected imagery, express advocacy that Commissioner McDon- ciation. I have written and spoken on First film footage, and music, over the non-pre- ald consistently supports goes beyond what Amendment and election law issues at law scriptive background language.’’ Id. This was even the Furgatch court permitted. The schools and conferences in the United States basically an effort to blur the objective Fourth Circuit has aptly summarized the and Europe. standard for express advocacy into a vague, discrepancy between the broad FEC regula- As an attorney well versed in the First subjective ‘‘totality of the circumstances’’ tion defining express advocacy (which Com- Amendment, I am writing to urge you to re- test. missioner McDonald voted to approve) and ject the nomination of Danny Lee McDonald The United States District Court for the the loose definition used in Furgatch: to the Federal Election Commission. Western District of Virginia dismissed the ‘‘It is plain that the FEC has simply se- As you well know, for many years the FEC FEC’s complaint against CAN on the grounds lected certain words or phrases from has sought to expand the scope of its juris- that it did not state a well-founded legal Furgatch that give the FEC the broadest diction beyond the limitations the First claim. FEC v. Christian Action Network, 894 F. possible authority to regulate political Amendment places on the agency’s authority Supp. 946, 948 (1995). This was because the speech * * * and ignored those portions of to regulate political speech. This has re- agencies’s subjective theory of express advo- Furgatch * * * which focus on the words and sulted in the FEC having the worst litigation cacy was completely contrary to the bright- text of the message.’’ record of any major government agency. It line standard articulated in Buckley and Moreover, the FEC itself has acknowledged has also resulted in many citizens and cit- MCFL. Id. After this stern rebuff by the dis- that its broad definition of express advocacy izen groups being needlessly persecuted for trict court, Commissioner McDonald voted is not fully supported by Furgatch. In its exercising their First Amendment rights. to appeal the case to the United States brief in opposition to Supreme Court review Some have blamed an overzealous general Fourth Circuit Court of Appeals. The Circuit of Furgatch the FEC described as dicta the counsel for the FEC’s long history of con- Court summarily affirmed in a per curiam portions from Furgatch that made their way tempt for the First Amendment. But it must opinion. FEC v. Christian Action Network, 92 into the agency’s express advocacy regula- be remembered that, under the FECA, the F.3d 1178 (4th Cir. 1996). tion. See FEC Brief in Opposition to Certio- general counsel cannot pursue litigation The Christian Action Network subse- rari in Furgatch at 7. And just last year in that impermissible chills free speech—unless quently asked the court to order the FEC to FEC Agenda Document No. 99–40 at 2, the commissioners such as Danny Lee McDonald pay the expenses it had incurred in defending FEC’s General Counsel conceded that the vote to adopt and enforce unconstitutional against the FEC’s baseless lawsuit. The broad view of express advocacy Commis- regulations. Fourth Circuit ruled in CAN’s favor, explain- sioner McDonald endorses is not completely Commissioner McDonald’s disregard for ing that: supported by Furgatch, but only ‘‘largely the rule of law in our constitutional system ‘‘In the face of unequivocal Supreme Court based’’ on Furgatch. In short, neither the of government is illustrated by his role in and other authority discussed, an argument courts nor the FEC view Furgatch as fully the FEC’s ongoing efforts to expand the defi- such as that made by the FEC in this case, justifying the definition of express advocacy nition of express advocacy. In Buckley v. that ‘no words of advocacy are necessary to that Commissioner McDonald endorses. Valeo, 424 U.S. 1, 44 (1976), the Supreme Court expressly advocate the election of a can- Unfortunately, the history of the FEC’s ex- ruled that the FECA could be applied con- didate,’ simply cannot be advanced in good press advocacy rulemaking is just one of sistent with the First Amendment only if it faith (as disingenuousness in the FEC’s sub- many examples I could proffer of Commis- were limited to expenditures for communica- missions attests), much less with ‘substan- sioner McDonald’s disregard for the Con- tions that include words which, in and of tial justification.’ ’’ stitution and the rule of law. By supporting themselves, advocate the election or defeat Commissioner McDonald’s vote to author- the agency’s willful efforts to disregard the of a candidate. This clear categorical limit ize the CAN litigation was unfortunate, be- law as pronounced by the courts of the served a fundamental purpose: It provided a cause taxpayers ended up footing the bill for United States, Commissioner McDonald has

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4285 helped to create a situation in which an indi- I have serious questions about wheth- There being no objection, the article vidual’s First Amendment rights vary—de- er an FEC Commissioner exhibits ‘‘im- was ordered to be printed in the pending upon where they happen to live in partiality and good judgment’’ when he RECORD, as follows: the United States. Of course, even people seeks the highest position in his polit- who reside in regions of the country where [From the Wall Street Journal, Mar. 19, 1997] the controlling court of appeals has rejected ical party and simultaneously regu- RULE OF LAW the FEC’s efforts to expand its jurisdiction lates that party and its candidates and WHY CAMPAIGN FINANCE REFORM NEVER over political speech, are still chilled from regulates the competitor party and its WORKS conveying their views on issues. After all, if candidates. (By Bradley A. Smith) they fund a public communication that is All that being said, I am prepared to Think campaign finance reform isn’t an in- broadcast into a neighboring state that is in reject this new litmus test whereby we cumbent’s protection racket? Just look at a federal circuit which has not ruled on the ‘‘Bork’’ nominations to a bipartisan the spending limits included in the Shays- FEC’s novel theories, they may find them- panel based on their membership in a Meehan and McCain-Feingld bills, the hot selves the test case for that Circuit and be particular campaign finance camp. I ‘‘reform’’ bills on Capitol Hill. exposed to lengthy and costly litigation. Shays-Meehan would limit spending in When federal agencies are allowed to cre- am prepared to follow the tradition of House races to $600,000. In 1996, every House ate such a patchwork system of speech regu- respecting the other party’s choice and incumbent who spent less than $500,000 won lation, public confidence in the competence to support Commissioner McDonald’s compared with only 3% of challengers who and integrity of the administrative state de- nomination, assuming that McDonald’s spent that little. However, challengers who clines. People come to feel that their rights party grants similar latitude to the Re- spent between 0,000 and $1 million won 40% of extend no further than the capricious whims publican choice. the time while challengers who spent more of government bureaucrats. than $1 million won five of six races. The It is for Congress in its capacity as the In fact, I believe it is the very pres- McCain-Feingold bill, which sets spending body charged with overseeing independent ence of Commissioners such as Mr. limits in Senate races, would yield similar agencies to take the lead in remedying such McDonald who make Professor Smith results. In both 1994 and 1996, every chal- problems and reining in agencies that are all the more necessary at the FEC. The lenger who spent less than its limits lost, out of control. You can start reining in the FEC needs Brad Smith’s constitutional but every incumbent who did so won. FEC by making public officials such as Com- expertise to help prevent the string of This anecdotal evidence supports com- missioner McDonald accountable for dis- unconstitutional FEC actions which prehensive statistical analysis: The key regarding the rule of law and the constitu- McDonald supported. As Dean Kathleen spending variable is not incumbent spending, tional rights of citizens. By rejecting the or the ratio of incumbent to challenger nomination of Danny Lee McDonald, Con- Sullivan stated in support of Brad spending, but the absolute level of challenger gress can signal that it will not tolerate FEC Smith: spending. Incumbents begin races with high Commissioners who arrogantly refuse to I think it is a good thing . . . to have peo- name and issue recognition, so added spend- honor their oath to uphold and defend the ple who are very attuned to constitutional ing doesn’t help them much. Challengers, Constitution. By rejecting Danny Lee values in government positions[.] however, need to build that recognition. McDonald—a man who has for almost twenty So I say to my colleagues, I person- Once a challenger has spent enough to years demonstrated contempt for the rights ally believe that Professor Smith’s in- achieve similar name and issue recognition, of ordinary Americans and the rulings of fed- campaign spending limits kick in. Mean- eral courts—Congress can begin to restore telligence, his work ethic, his fairness, while the incumbent is just beginning to confidence that the Federal Election Com- his knowledge of election law, and, to spend. In other words, just as a challenger mission will not continue to trample on core quote from the statute, his ‘‘experi- starts to become competitive, campaign First Amendment rights. ence, integrity, impartiality and good spending limits choke off political competi- Very truly yours, judgment’’ will be a tremendous asset tion. MANUEL S. KLAUSNER. to the FEC and to the American tax- This is not to suggest that the sponsors of Mr. MCCONNELL. I think Commis- payers who have been forced to pay for McCain-Feingold and Shays-Meehan sat sioner McDonald’s voting record has unconstitutional FEC actions. down and tried to figure out how to limit displayed a disregard for the law, the Professor Smith is a widely re- competition. However, when it comes to po- courts, and the Constitution. It has spected, prolific author on Federal litical regulation and criticism of govern- hurt the reputation of the Commission, election law and, in my opinion, the ment, legislators have strong vested inter- chilled constitutionally protected po- most qualified nominee in the 25-year ests that lead them to mistake what is good for them with what is good for the country. litical speech, and cost the taxpayers history of the Federal Election Com- Government is inherently untrustworthy money. mission. I am firmly convinced he when it comes to regulating political speech, Equally troubling is the fact that would faithfully and impartially up- and this tendency to use government power Commissioner McDonald apparently hold the law and the Constitution as a to silence political criticism and stifle com- chose to pursue the chairmanship of Commissioner at the FEC, and I whole- petition is a major reason why we have the the Democratic National Committee heartedly support his nomination. First Amendment. while serving as a Commissioner to the In the words of the Wall Street Jour- The Supreme Court has recognized the danger that campaign finance regulation Federal Election Commission. nal: On August 22, 1997, the General Coun- poses to freedom of speech, and for the past This Mr. Smith should go to Washington. 20 years, beginning with Buckley v. Valeo, sel to the Democratic National Com- Mr. President, how much of my time has struck down many proposed restrictions mittee, Joseph Sandler, testified under on political spending and advocacy, includ- oath that it was his understanding that do I have remaining? The PRESIDING OFFICER. The Sen- ing mandatory spending limits. Supporters Commissioner McDonald had pursued of campaign finance reform like to ridicule ator has 60 minutes remaining. the ‘‘chairmanship’’ of the DNC in late Buckley as equating money with speech. In 1996 or 1997. I must say I am very trou- Mr. MCCONNELL. I reserve the re- fact, Buckley did no such thing. bled by the fact that an FEC Commis- mainder of my time and yield the floor. Instead, Buckley recognized that limiting sioner, who is charged with displaying The PRESIDING OFFICER. The Sen- the amount of money one can spend on polit- ical advocacy has the effect of limiting impartiality and good judgment, would ator from Arizona. Mr. MCCAIN. Mr. President, first let speech. This is little more than common seek the highest position in the Demo- sense. For example, the right to travel would cratic National Committee while regu- me remind my colleagues that Mr. Smith, in an article he wrote in the lose much of its meaning if we limited the lating the Democratic Party and its amount that could be spent on any one trip Wall Street Journal, concluded his ar- candidates and, I might add, while reg- to $100. ulating the archrival of his party; that ticle by saying: Shays-Meehan and McCain-Feingold are is, the Republican Party, and its can- The most sensible reform is a simple one: Congress’s most ambitious attempt yet to didates. repeal of the Federal Elections Campaign get around Buckley. The spending limits in Act. As the distinguished Minority Leader each bill are supposedly voluntary, so as to comply with Buckley, but in fact the provi- stated in a floor speech on February 28 I ask unanimous consent that the en- tire article of Wednesday, March 19, sions are so coercive as to be all but manda- of this year: tory, which should make them unconstitu- [The] law states that [FEC] Commissioners 1997, entitled ‘‘Rule of Law, Why Cam- tional. should be ‘‘chosen on the basis of their expe- paign Finance Reform Never Works,’’ For example, Shays-Meehan penalizes can- rience, integrity, impartiality and good by Bradley A. Smith, be printed in the didates who refuse to limit spending by re- judgment.’’ RECORD. stricting their maximum contributions to

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4286 CONGRESSIONAL RECORD — SENATE May 23, 2000 just $250, while allowing their opponents to Mr. MCCAIN. He begins by saying: porations on the terms on which I happen to collect contributions of up to $2,000. Shays- Think campaign finance reform isn’t an in- know that you have accepted them; that is, Meehan also attempts to get around Buckley cumbent’s protection racket? Just look at with the explicit understanding that they by restricting the ability of individuals to the spending limits included in the Shays- were given and received with no thought of speak out on public issues. The bill would Meehan and McCain-Feingold bills, the hot any more obligation on the part of the Na- sharply limit financial support for the dis- ‘‘reform’’ bills on Capitol Hill. tional Committee or of the national adminis- cussion of political issues where such discus- tration than is implied in the statement that sion ‘‘refers to a clearly identified can- I will provide for the RECORD that as every man shall receive a square deal, no didate.’’ In Buckley, the Supreme Court increases in spending have gone up, more, no less, and that this I shall guarantee struck down a similar provision as unconsti- they have favored the incumbents, and him in any event to the best of my ability. tutionally vague. more incumbents have been reelected . . . But we cannot under any circumstances Fueling the momentum to regulate ‘‘issue over time. Mr. Smith is obviously afford to take a contribution which can be advocacy’’ is Republican outrage over last wrong in his allegations as far as the even improperly construed as putting us year’s advertising blitz by organized labor facts are concerned. Then obviously he under an improper obligation, and in view of attacking the Contract With America and my past relations with the Standard Oil the GOP’s stand on Social Security and goes on to say at the end that cam- Company, I fear such a construction will be Medicare. Even though the AFL–CIO’s ads paign finance reform has turned out to put upon receiving any aid from them. were ostensibly about issues, there is no be bad policy. He goes on to say: On 1908, September 21, in a letter to doubt that they were aimed at helping For most of our history campaigns were es- the treasurer of the Republican Na- Democrats regain control of the House. sentially unregulated, yet democracy sur- tional Committee, Theodore Roosevelt Of course, the purpose of political cam- vived and flourished. However, since passage paigns is to discuss issues; and the purpose of of the Federal Elections Campaign Act and wrote: discussing issues it to influence who holds similar State laws, the influence of special I have been informed that you, or someone office and what policies they pursue. Natu- interests has grown, voter turnout has fall- on behalf of the National Committee, have rally, candidates don’t like to be criticized, en, and incumbents have become tougher to requested contributions both from Mr. especially when they believe that the criti- dislodge. Archibold and Mr. Harriman. If this is true, cisms rely on distortion and demagoguery. That is an interesting view of his- I wish to enter a most earnest protest, and to But the Founders recognized that govern- say that in my judgment not only should ment cannot be trusted to determine what is tory. such contributions not be solicited, but if ‘‘fair or unfair’’ when it comes to political In 1974, we enacted campaign finance tendered, they should be refused; and if they discussion. The First Amendment isn’t reform. The abuses of the 1972 cam- have been accepted they should immediately promise us speech we like, but the right to paign were well known. They were ex- be returned. I am not the candidate, but I am engage in speech that others may not like. tremely egregious and everyone knows the head of the Republican administration, Recognizing that many proposed reforms there was a movement across America which is an issue in this campaign, and I pro- run afoul of the Constitution, some, such as to clean up those incredible abuses test earnestly against men whom we are former Sen. Bill Bradley and current House that took place in the 1972 campaign. I prosecuting being asked to contribute to Minority Leader Richard Gephardt, are call- elect a President who will appoint an Attor- ing for a constitutional amendment that guess what Mr. Smith either doesn’t ney-General to continue these prosecutions. know or has ignored is that for a long would, in effect, amend the First Amend- Mr. President, in his State of the period after campaign finance reform ment to allow government to regulate polit- Union speech, President Roosevelt said ical speech more heavily. This seems odd, in- was enacted, there were better cam- on August 31, 1910: deed, for while left and right have often bat- paigns in America. They were a lot tled over the extent to which the First cleaner. They were more participatory. Now, this means that our Government, Na- Amendment covers commercial speech or tional and State, must be freed from the sin- It was not until beginning in the ister influence or control of special interests. pornography, until now no one has ever seri- middle to late 1980s, as smart people ously questioned that it should cover polit- Exactly as the special interests of cotton and ical speech. began to find loopholes, began to find slavery threatened our political integrity be- If fact, constitutional or not, campaign fi- ways around those campaign finance fore the Civil War, so now the great special nance reform has turned out to be bad pol- restrictions, that the influence of spe- business interests too often control and cor- icy. For most of our history, campaigns were cial interests grew, voter turnout fell, rupt the men and methods of government for essentially unregulated yet democracy sur- and incumbents became tougher to dis- their own profit. We must drive the special vived and flourished. However, since passage lodge. interests out of politics. of the Federal Elections Campaign Act and I am a student of history. One of the Mr. President, as I said, Theodore similar state laws, the influence of special reasons why I am is because it has a Roosevelt’s words in those days were as interests has grown, voter turnout has fall- tendency to repeat itself. There was a true then as they are today. I believe en, and incumbents have become tougher to we are again in the same situation we dislodge. Low contribution limits have period late in the last century, actu- forced candidates to spend large amounts of ally in the 19th century, when the rob- were in before when he was able to get time seeking funds. Litigation has become a ber barons took over American poli- an all-out prohibition of corporate con- major campaign tactic, with ordinary citi- tics. That is a matter of history and tributions to American political cam- zens hauled into court for passing out home- disputed by very few historians. Fortu- paigns. That law is still on the books. made leaflets; and business and professional nately, a man came to the fore in That law has never been repealed. groups have been restrained from commu- American politics by the name of Theo- Why is it that tomorrow night there nicating endorsements to their dues-paying dore Roosevelt. His words are as true will be a fundraiser when individuals members. and corporations are allowed to con- The reformers’ response is that more regu- today as they were then. lation is needed. If only the ‘‘loopholes’’ in I quote from his fifth annual message tribute as much as $500,000 to enjoy the the system could be closed, they argue, it to the Congress, Washington, December hospitality of the Democratic National would work. Of course, some of today’s big- 25, 1905: Committee at the MCI Center? It is be- gest loopholes were yesterday’s reforms. Po- All contributions by corporations to any cause the loopholes have been ex- litical action committees were an early 1970s political committee or for any political pur- ploited. People such as our nominee, reform intended to increase the influence of pose should be forbidden by law. Directors Mr. Smith, have made the process such small donors. Now the McCain-Feingold bill should not be permitted to use stockholders’ that we can no longer expect the influ- seeks to ban them. (Even the bill’s sponsors money for such purposes. And moreover, a ence of special interests not to pre- seem to recognize that this is probably un- prohibition of this kind would be, as far as it constitutional—Sen. Feingold boasts that in dominate here in our Nation’s Capitol. went, an effective method of stopping the Young Americans are tired of it. Young anticipation of such a finding by the Su- evils aimed at the Incorrupt Practices Act. preme Court, the bill includes a fallback po- Americans are cynical, and they have sition.) Soft money, which both bills would On October 26, 1904, Theodore Roo- become alienated. sharply curtail, was a 1979 reform intended sevelt made the following statement: The nomination of Mr. Smith has not to help parties engage in grasroots political I have just been informed that the Stand- gone unnoticed beyond the beltway. activity, such as get-out-the-vote drives. ard Oil people have contributed $100,000 to The irony of his appointment to the When a law is in need of continual revision our campaign fund. This may be entirely un- FEC has been the subject of numerous to close a series of ever-changing ‘‘loop- true. But if true I must ask you to direct holes,’’ it is probably the law, and not the that the money be returned to them forth- editorials since the name first surfaced people, that is in error. The most sensible re- with. . . . Moreover, it is entirely legitimate as a potential nominee. Let me read to form is a simple one: repeal of the Federal to accept campaign contributions, no matter you some of these editorials, Mr. Presi- Elections Campaign Act. how large they are, from individuals and cor- dent.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4287 The Palm Beach Post: strictions are only as strong as the FEC’s in- a $1,000 limit is certainly not only con- You wouldn’t put Charlton Heston in terest in enforcing them—an interest Mr. stitutional but should be constitu- charge of gun control, and you wouldn’t put Smith plainly lacks. In an election year in tional because many of the Justices ex- Bradley A. Smith in charge of enforcing the which Washington’s failure to end the cor- rupt soft-money system has become a ral- pressed their utter dismay at the state nation’s campaign-finance laws. of campaign financing today in a rath- Come to think of it, Republicans want to lying cause for John McCain’s Presidential do both. campaign, the Senate should not seat some- er forthright and candid manner, which Mr. Smith, a law professor in Ohio, feels one on the FEC who questions the need for is somewhat uncharacteristic of the about soft money the way Mr. Heston feels change. Mr. Smith, as Mr. Gore aptly noted, U.S. Supreme Court. One of the Jus- about assault weapons: More is better. . . . ‘‘publicly questions not only the constitu- tices said, ‘‘Money is not free speech. Mr. Smith has advocated the abolition of tionality of proposed reform, but also the Money is property.’’ Federal restrictions on campaign contribu- constitutionality of current limitations.’’ Mr. Smith does not belong on the FEC, and On the one hand, a decision to con- tions. Yet, Republicans want to nominate tribute money to a campaign is a mat- Mr. Smith to the Federal Election Commis- anyone in the Senate who cares about fash- sion, which was founded in 1975 to enforce ioning a fair and honest system for financing ter of first amendment concern, not be- campaign restrictions first imposed after campaigns should vote against his appoint- cause money is speech; it is not, but Watergate. . . . ment. because it enables speech through con- The quote underpinning Mr. Smith’s phi- Mr. President, I don’t want to put too tributions. The contributor associates losophy is, ‘‘People should be allowed to much credence and importance on Mr. himself with a candidate’s cause and spend whatever they want on politics.’’ But Smith’s appointment. But I do not see, helps the candidate communicate a po- when Mr. Smith talks about ‘‘people,’’ he after the record is replete with Mr. means corporations and unions and political- litical message with which the contrib- action committees—the big donors who give Smith’s views concerning campaign fi- utor agrees and helps the candidate with the all-too-realistic expectation that nance reform, how anyone in this body win by attracting the votes of simi- they will receive favors from Congress in re- who is a sincere supporter of campaign larly minded voters. Both political as- turn. finance reform could possibly have the sociation and political communica- The story I quoted earlier from the remotest idea of voting for Mr. Smith. tions are at hand. New York Times mentioned that when Finally, I have on this floor many On the other hand, restrictions upon the big donors were contacted by times for too many years been arguing the amount that any one individual phone, they wanted to —guess what— the constitutionality of placing limita- can contribute to a particular can- talk about legislation before the Con- tions on campaign contributions. didate seek to protect the integrity of gress, for those who were soliciting do- The opponents, time after time, have the electoral process, the means nations. taken the floor and said: Well, Buckley through which a free society democrat- The San Francisco Chronicle, April v. Valeo was only a 5–4 vote, a foot- ically translates political speech into 17: note, which perhaps has become one of concrete government action. Seldom has the metaphor of the fox keep- the most famous footnotes in the his- Moreover, by limiting the size of the ing watch over the chicken coop seemed tory of any Supreme Court decision largest contributions, such restrictions more apt. Bradley Smith has built his career concerning exactly what the words are aim to democratize the influence arguing that the 1974 Federal Election Cam- both for and against. Over time, for money itself may bring to bear upon paign Act, the law regulating campaign ex- reasons that are not clear to me, the the electoral process. penditures enacted after the Watergate scan- opponents of campaign finance reform I don’t mean to paraphrase the Su- dal, is unconstitutional and should be abol- raise the concern in many people’s ished. preme Court of the United States, but In various articles, Mr. Smith, an obscure minds that the heart of McCain-Fein- what they are saying is money in mod- professor at Capital University in Columbus, gold is unconstitutional; in other est amounts is a way of participating Ohio, has argued that our nation only spends words, the ability to place a limit on in the political process, and it is a good a ‘‘minuscule amount’’ on campaigns, a mere campaign contributions. and healthy thing. .05 percent of our Gross National Product. I didn’t quite understand that be- One of the great events in politics in Rather than corrupting the process, Smith cause in 1907 there was a law on the says campaign spending promotes democracy the American Southwest is to have a books that banned corporate contribu- barbecue and everyone pays $10, $15, or by generating interest in candidates and tions. That has never been repealed, issues. . . . ‘‘If anything, we probably spend $20 to attend. You not only participate too little,’’ he wrote in one of several guest nor declared unconstitutional. There is in the political process, but you have columns for the Wall Street Journal. a law on the books in 1947 banning made an investment in that candidate. Smith might have remained little more union contributions to American polit- But when we are now at a point than a professorial provocateur behind the ical campaigns, and then of course where $500,000 buys a ticket to a fund- safe ramparts of the ivory tower had not Re- there is the 1974 law. publicans put forward his name to fill a va- raiser, we have come a long way. We On January 24 of this year, Shrink have come a long way. We have come cant seat on the Federal Election Commis- Missouri clearly and unequivocally in a to a Congress which is gridlocked by sion, the body created by the very law Smith 6–3 decision upheld the $1,000 limita- thinks should be abolished. the special interests. tion on a campaign contribution. If you want to look at our failure to Washington Post, February 11, 2000: By limiting the size of the largest enact a Patients’ Bill of Rights, if you When the Supreme Court recently re- contributions, such restrictions are want to look at our failure to enact affirmed that reasonable campaign finance aimed at democratizing the influence regulations were constitutional, President modest gun control such as safety money itself may bring to bear upon Clinton sought to portray himself as a fight- locks and instant background checks, er for reform. ‘‘For years, I challenged Con- the electoral service. The U.S. Supreme Court, in a major- if you want to look at our failure to gress to pass regulations that would ban the enact meaningful military reform be- raising of unregulated soft money and ad- ity opinion, goes on to say that in dress back door spending by outside organi- doing so, they seek to build public con- cause we continue to buy weapons sys- zations.’’ He said, ‘‘Now I am again asking fidence in that process and broaden the tems which the military doesn’t want Congress to restore the American people’s base of a candidate’s meaningful finan- or need, and we have 12,000 enlisted faith in their democracy and pass real re- cial support by encouraging the public families on food stamps, you can look form this year.’’ This week, however, the participation in open discussion that at a broad array of legislation that President nominated to the Federal Election the first amendment itself presupposes. should have been acted on by any rea- Commission a law professor, Bradley Smith, sonable group of men and women who who not only opposes further reform, but be- Mr. Smith directly repudiates—and lieves that most existing campaign finance still does after the U.S. Supreme Court are elected to represent the people. In- law violates the first amendment. Quite sim- spoke unequivocally—a 6–3 decision by stead, it is the special interests. ply, Mr. Smith doesn’t believe in the bulk of the U.S. Supreme Court. Yet my col- What is the message we are about to the FEC’s work. Mr. Clinton has no business leagues feel that he is fit to enforce a send to the American people when we putting him in charge of it. law that he directly repudiates. affirm the appointment of Professor Mr. President, this is from the New This is a bit Orwellian, Mr. Presi- Brad Smith to the Federal Election York Times, February 17, 2000: dent. Commission? We are saying that we are A vote to confirm Mr. Smith is a vote to The Court went on to say in un- appointing a person for 5 years who not perpetuate big-money politics. Campaign re- equivocal terms that the imposition of only repudiates the decision of the U.S.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4288 CONGRESSIONAL RECORD — SENATE May 23, 2000 Supreme Court but believes that at no course, more importantly, the tremen- fought and sometimes illuminating. time in our history have we needed to dous profile the Senator from Arizona Particularly interesting to me, I have clean up the abuses of the campaign fi- has given to the campaign finance noticed very frequently the arguments nance system, and clearly has no inter- issue through his courageous campaign of opponents of reform have changed est in removing the incredible corrup- for President. over time. The first few times the tion that possesses the political proc- All of that is optimistic for the fu- McCain-Feingold bill was brought to ess today, and is not interested in the ture. But today we have to continue the floor, much of the argument was fact that young Americans have be- the battle, as the Senator from Arizona against the spending limits and bene- come cynical and even alienated from has done, to try to prevent the Senate fits contained in the original bill. We the political process, to wit: The 1998 from making a terrible mistake with heard the cry of ‘‘welfare for politi- election where we had the lowest voter regard to the Federal Election Com- cians,’’ over and over. turnout in history of 18- to 26-year- mission. Then, when the bill was modified and olds. In that regard, let me first elaborate spending limits for candidates were The message we are sending to Amer- on one item the Senator from Ken- dropped, opponents of reform focused ica is: Americans, we are not ready yet tucky addressed. Earlier today, the on provisions that would have re- to respond to the will of the people. We Senator from Kentucky quoted from a stricted the use of unlimited corporate are still in the grips of special inter- number of letters from law professors, and union money to pay for phony ests. Until we make their voices more allegedly in support of the nomination issue ads that were really nothing clear and more strongly felt, the of Professor Brad Smith. One of those more than campaign ads in disguise. chances of reforming this system and letters was from Burt Neuborne, a pro- Opponents complained that these pro- returning the government to you is fessor at NYU Law School and Legal visions violated the first amendment. somewhat diminished. Director at the Brennan Center for Then the accusation on this floor over I know my colleague who is on the Justice, somebody for whom I have tre- and over again became that we reform- floor, Senator FEINGOLD, and I will con- mendous regard and respect. The Sen- ers were the so-called ‘‘speech police’’ tinue our efforts to bring McCain-Fein- ator from Kentucky took great pleas- and the ‘‘enemies of free speech.’’ gold and Shays-Meehan to the atten- ure in quoting that letter because the Last fall, however, Senator MCCAIN tion of this body for votes between now Brennan Center has been very effective and I decided to exclusively focus our and when we go out of session. I don’t and outspoken in its opposition to Pro- attention on the worst loophole in the know if we will be able to do that, but fessor Smith. law, the problem that has undermined have no doubt about what we are try- I was a little surprised by the quote the whole of our Nation’s election laws, ing to do and how we are trying to do the Senator from Kentucky read from the unlimited soft money contributions it. Professor Neuborne, although I noted to the political parties. We found few, All we ask for is a vote up or down. that Professor Neuborne didn’t seem to if any, opponents who were actually We will agree to 15 or 20 minutes equal- endorse Professor Smith for the FEC willing to come to the floor during the ly divided on both sides on this issue post in the portion of his letter the latest debate to continue to press some because it has been ventilated time Senator from Kentucky read. kind of a constitutional attack on this after time on the floor of the Senate. In the interim, I asked my staff to bill. For anyone who has some idea we are look into the letter. Although we have The reason was very simple. There is trying to hold up legislation or block not actually seen a copy, it seems the no credible argument that a ban on legislation, all we are asking for is a letter quoted by the Senator from Ken- soft money would be struck down by vote. We know a majority of the Sen- tucky on the floor was actually a letter the Supreme Court. That view was sup- ate would vote in favor. in support of Professor Smith’s effort ported by a letter to Senator MCCAIN I think we are going to do something to get tenure at his law school a few and to me from 126 legal scholars. It very wrong tomorrow. We are probably years ago. I hope I don’t need to point was seconded by a letter from every going to affirm a person to an office in out, Mr. President, that there is a big living former president, executive di- which the American people place some difference between tenure at a law rector, legal director, and legislative trust in the enforcement of existing school and a seat on the FEC. Law pro- director of the American Civil Lib- law. That person has made it clear that fessors can be and often are provoca- erties Union. Even one of the strongest he is not interested in enforcing exist- tive, even outrageous, in their views, and most consistent opponents of re- ing law, and, in fact, he believes that but FEC Commissioners have to en- form in this body, the Senator from existing law is unconstitutional. force and interpret the law as intended Washington, Mr. GORTON, conceded on I think this is a very serious mis- by Congress. It is a very different job the floor that a ban on soft money is take. I hope the American people no- from being a professor. probably constitutional. He even con- tice that this is something that will So I want the Record to be clear. ceded that. not work in their interests but will Professor Neuborne’s comments were Then we had the Supreme Court clearly work to maintain the status quoted at least a bit out of context, weighing in earlier this year in the quo in our Nation’s Capital. and those comments had nothing to do Shrink Missouri case, reaffirming a Mr. President, I reserve the remain- with the decision that will soon be be- portion of the Buckley decision that der of my time. fore the Senate on Professor Smith’s upheld contribution limits and stating The PRESIDING OFFICER. The Sen- nomination. in very strong and clear language that ator from Wisconsin. Now let me say a bit more about the the Congress has the power to limit Mr. FEINGOLD. Mr. President, al- nomination and its relationship to the contributions to protect against actual though this, too, is an uphill battle, it issue of soft money, which the Senator or apparent corruption, the Court said: is a good feeling to be on the floor from Arizona was addressing moments There is little reason to doubt that some- again with my good friend, the Senator ago. I spoke earlier about some of the times large contributions will work actual from Arizona, not only to fight this views of Brad Smith on our current corruption of our political system, and no nomination, but also to signal the fact election laws. Now I want to talk about reason to question the existence of a cor- that we are ready to move forward on his views on the major reform issue responding suspicion among voters. the campaign finance issue and a ban that faces the Congress this year, the In my view, and I think in the view on soft money. proposed ban on soft money. of any serious commentator on this I think the debate today has turned Professor Smith believes a ban such subject, the Supreme Court’s ruling in out to be not only a good chance to re- as the one contained in the McCain- the Shrink Missouri case removes all view the inappropriateness of the Brad- Feingold bill would be unconstitu- doubt as to whether the Court would ley Smith nomination, but to review tional. That is another reason I believe uphold the constitutionality of a ban what has happened this year on the he should not be confirmed. on soft money. That is the centerpiece campaign finance front, particularly We have had a number of debates on of the reform bill that has passed the the decision by the U.S. Supreme Court the issue of campaign finance reform in House and is now awaiting Senate ac- in the Shrink Missouri case, and of the last few years. They have been hard tion. It is simply not credible to argue

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4289 that this same Court that just a couple Hill newspaper, Roll Call. A story on he has a beautiful family, and a beau- of months ago so strongly upheld the February 14 of this year, stated as fol- tiful dog, but that does not make his Missouri contribution limits would lows: views on Federal election law any more somehow completely change its juris- But Smith said ‘‘the reason most’’ why acceptable to me or others who care prudence and turn around and strike he’s agreed to take the position is to about campaign finance reform. down an act of Congress that would ‘‘present the case that there’s another way Professor Smith has not disavowed outlaw soft money. It is simply not to talk about reform than reform being the views he expressed in his many credible. equivalent to more regulation.’’ writings on campaign finance. He sim- But then there is Bradley Smith, the We are making a decision about put- ply asks us to take on faith his promise nominee before the Senate. In a paper ting someone on the Fec who is sup- that notwithstanding those views he for the Notre Dame Law School Jour- posed to enforce the laws we pass. The will enforce the law. But it is not that nal of Legislation, published in 1998, he purpose is not to send an advocate over simple. Issues come before the FEC wrote the following: to the FEC. that are not as clear cut as ‘‘will you Regardless of what one thinks about soft That’s right, this nominee most enforce the law or not?’’ money, or what one thinks about the appli- wants to be on the regulatory body in The FEC has to implement and ad- cable Supreme Court precedents, a blanket charge of administering the statutes minister the law. It has to promulgate ban on soft money would be, under clear, that Congress passes in order to regulations to cover complicated legal well-established First Amendment doctrine, present the view that we do not need issue that come about because can- constitutionally infirm. more regulation. Not to implement didates and groups do their utmost to Professor Smith makes the argument Congress’s will in passing reform, but get around the law. It has to initiate that since the parties use soft money to show there is another way of talking investigations of suspicious activities, to run phony issue ads and since phony about reform. I do not want that kind sometimes with great pressure brought issue ads are constitutionally pro- of Commissioner writing the regula- by the parties to do nothing. tected, somehow a ban on soft money tions that will put the soft money ban I simply do not have confidence that must be constitutionally suspect. of the McCain-Feingold bill into prac- an academic who holds the views ex- The problem with this argument is tice. pressed so clearly by Professor Smith that the justification for banning soft I am not going to stand here and tell will discharge his duties in a way that money has nothing to do with stopping you that enactment of the McCain- will uphold the spirit as well as the let- the parties from running phony issue Feingold bill is assured in this session ter of the law. ads. The purpose of a soft money ban is of Congress. We have a lot of work still Let me also respond to the argument to stop the erosion of public confidence to do to convince enough of those who expressed by both the Chairman and in the political process that unlimited are now voting to permit a filibuster to the Ranking Member of the Rules Com- mittee that his Senate is bound to rub- contributions from wealthy corporate, block us to change their minds. But if ber stamp the President’s appoint- labor, and individual donors have you truly believe that soft money must ments because by tradition each party caused—in other words, to put it in be banished from our system, as you is entitled to choose the members of simple terms, terms that are not my have voted so many times in the past the Commission. own but those of the U.S. Supreme few years, you must vote against the First of all, I will say that I was very Court, to stop the appearance of cor- nomination of Brad Smith. Otherwise, disappointed that President Clinton ruption. you may very well be responsible for put forward this nomination. I ex- Banning soft money is not about at- ineffective FEC enforcement of the ban pected more from a President who tacking speech, it is about attacking which will let soft money back into the claims to support campaign finance re- corruption. The parties can continue to system, nullifying all that we have form. And I am pleased that Vice- run all the phony issue ads they want worked so hard to accomplish. President GORE has announced his op- after soft money is banned; they will The Senator from Kentucky began position to the nomination of Professor just have to use hard money to pay for his presentation this morning by in es- Smith. I hope some day that we will those ads. sence asking for sympathy for Pro- have a President who will break with Of course, Professor Smith doesn’t fessor Smith because he has inspired tradition—and that’s all it is—tradi- agree that unlimited contributions can such strong opposition both in the Sen- tion, and nominate independents or cause a corruption problem. But the ate and from outside commentators. He people who are not strongly identified Supreme Court most certainly does. suggests that because the opposition is with the parties to the FEC. I don’t A majority of this Senate has voted so heated that it must be distorted. think the FEC or the country are well repeatedly in favor of a soft money And he quoted from law professors who served by the kind of ‘‘balanced’’ Com- ban. I cannot imagine that same ma- have written in to defend Professor mission that we now have, where the jority will, tomorrow, vote to confirm Smith and criticize the opposition to Democratic and Republican Commis- a nominee who believes such a ban is him. He said that from all that has sioners reliably line up on opposite unconstitutional. That is why the vote been said about Professor Smith, one sides of issues that have a partisan fla- on Mr. Smith is not simply a vote on would think he has horns and a tail. I vor, and line up in lock step together an executive branch nominee, it is a want to reiterate this because I think on issues that implicate the rights of vote on campaign finance reform this approach the Senator from Ken- third parties. I would like to see Com- Here is the problem. If we succeed in tucky has used is unfair to all of us missioners on both sides who have an passing a soft money ban this year, the who have opposed Professor Smith. appreciation of the importance of the FEC is going to have to promulgate Frankly, I think it is I unfair to Pro- campaign finance laws and will vote to regulations to implement that law. Nu- fessor Smith. ensure fairness in elections. merous questions will undoubtedly The opposition to Professor Smith is But until we have that kind of Presi- arise on the mechanics of that ban. We not personal. There is not a shred of a dent, who is willing to stand up to the need an FEC that will vote to enforce personal element to it and there never leadership of the parties, we still have the law and to interpret it in a way has been. It is based on his views, and the Senate’s duty of Advice and Con- that is consistent with congressional in particular on his writings as a law sent. Nowhere is it said in the Con- intent. I simply have no confidence professor and commentator on the elec- stitution that the power of Advice and that Mr. Smith will be able do that— tion laws. The quotes I have called at- Consent is any different for members of how can he? It would be completely at tention to today are not distortions, the FEC. Otherwise, why would we not odds with his own loudly professed they are not taken out of context, they just have the President nominate peo- principles. His view is that the whole are not a caricature or a misrepresen- ple and not have the Senate vote. It is exercise of prohibiting the parties from tation. These are Professor Smith’s an abdication of the Senate’s duty, I soliciting and receiving unlimited non- views, and he has reaffirmed them over believe, for us to give any less scrutiny federal contributions is illegitimate. and over again, including in the hear- to this nominee simply because it is Shortly after his nomination, Mr. ings held by the Rules Committee on paired with another nominee from the Smith was interviewed by the Capitol his nomination. Yes, as we saw earlier, other party.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4290 CONGRESSIONAL RECORD — SENATE May 23, 2000 The Senator from Kentucky also Clinton that I signed last year. He took I am pleased to note that in my home claimed that a nominee for a spot on this letter out of context. In sup- state, the California State Association the FEC has never been defeated on the porting the public pension systems of of Letter Carriers was among those floor, and that is true. But it is not state and local government workers, I state associations which donated the true that the wishes of each of the par- called for the continuance of those largest amount of food in the national ties has always been respected. In the plans—not for the creation of private, drive. It is my hope that during the mid-1980s, the Republican Party, under individual accounts. month of May and throughout the pressure from the National Right to f year, Americans will consider becom- Work Committee, blocked the re- ing involved in the NALC Food Drive appointment of a Democratic Commis- THE VERY BAD DEBT BOXSCORE and in other activities serving the less sioner, Thomas Harris, because of his Mr. HELMS. Mr. President, at the fortunate in our communities.∑ work as a lawyer representing unions. close of business yesterday, Monday, f President Reagan refused to renomi- May 22, 2000, the Federal debt stood at nate Harris, and after a lengthy stale- $5,673,857,621,024.05 (Five trillion, six ABC’S 50TH ANNIVERSARY mate, another nominee was suggested. hundred seventy-three billion, eight ∑ Mr. HUTCHINSON. Mr. President, I So much of the argument in favor of hundred fifty-seven million, six hun- rise today to congratulate the Associ- this nominee today has been based on dred twenty-one thousand, twenty-four ated Builders and Contractors (ABC) as this notion that to try to stop an FEC dollars and five cents). they approach their 50th Anniversary. nomination is a complete break with Five years ago, May 22, 1995, the Fed- ABC was founded by seven contractors precedent, that we have to simply eral debt stood at $4,883,843,000,000 in Baltimore, Maryland on June 1, 1950, rubberstamp this pairing of two FEC (Four trillion, eight hundred eighty- and is today a national trade associa- commissioners. The reality is contrary three billion, eight hundred forty-three tion representing over 22,000 contrac- to the suggestion earlier today, the million). tors, subcontractors, material sup- party of the Senator from Kentucky Ten years ago, May 22, 1990, the Fed- pliers and related firms from across the has not always acquiesced in the choice eral debt stood at $3,092,808,000,000 country and from all specialties in the of the Democratic Party for its seats (Three trillion, ninety-two billion, construction industry. on the commission. eight hundred eight million). ABC is the construction industry’s Let me finally just dispel one mis- Fifteen years ago, May 22, 1985, the voice for merit shop (open shop) con- conception that I think some might Federal debt stood at $1,750,663,000,000 struction as ABC is the only national have about the negotiations and agree- (One trillion, seven hundred fifty bil- association devoted to the merit shop ments that led to this debate, which is lion, six hundred sixty-three million). philosophy. Merit shop companies em- clearly tied to various judicial and Twenty-five years ago, May 22, 1975, ploy approximately 80 percent, or four other nominations. There is no require- the Federal debt stood at out of five, of all American construc- ment here that Professor Smith’s nom- $522,752,000,000 (Five hundred twenty- tion workers and seek to provide the ination be approved by the Senate in two billion, seven hundred fifty-two best management techniques, the fin- order for these other nominations to go million) which reflects a debt increase est craftsmanship, and the most com- forward. That is a misconception that of more than $5 trillion— petitive bidding and pricing strategies some, particularly on our side, may be- $5,151,105,621,024.05 (Five trillion, one in the industry. ABC believes that lieve. It is simply not the case with re- hundred fifty-one billion, one hundred union and merit shop contractors and gard to the unanimous consent agree- five million, six hundred twenty-one their employees should work together ment and the negotiations between the thousand, twenty-four dollars and five in harmony and that work should be majority leader and minority leader. In cents) during the past 25 years. awarded to the lowest responsible bid- fact, it would be an abdication of our f der regardless of labor affiliation. responsibility not to vote on the merits I greatly appreciate ABC’s commit- ADDITIONAL STATEMENTS ment to developing a safe workplace of this particular nominee regardless of and high-performance work force the other nominations whose consider- through quality education and training ation was linked to the consideration CELEBRATING THE NALC with comprehensive safety and health of this nomination. NATIONAL FOOD DRIVE programs. I also appreciate ABC’s dedi- With that I reserve the remainder of ∑ Mrs. BOXER. Mr. President, on the cated efforts to secure free enterprise, my time and I yield the floor. second Saturday of each May, letter Mr. President, I ask the time be fair and open competition, less govern- carriers across the United States col- ment, more opportunities for jobs, tax charged equally as I suggest the ab- lect food donations on their postal sence of a quorum. relief, increased training, and the routes to deliver to community food elimination of frivolous complaints The PRESIDING OFFICER. Without banks, shelters and pantries. I com- objection, it is so ordered. The clerk and over-regulation. mend the National Association of Let- Accordingly, I thank ABC for their will call the roll. ter Carriers (NALC) for creating and The assistant legislative clerk pro- efforts and wish them continued suc- sponsoring the largest one-day food ceeded to call the roll. cess in their efforts to ensure that the drive in the country with over 100,000 Mr. ALLARD. Mr. President, I ask American construction industry con- letter carriers participating in more unanimous consent that the order for tinues to afford the finest work prod- than 10,000 cities and towns. the quorum call be rescinded. uct and greatest opportunity in the Not only do America’s postal workers The PRESIDING OFFICER. Without world.∑ perform an important function in our objection, it is so ordered. f economy and in our daily lives, they f make a difference in improving the LOCAL LEGACIES PROJECT MORNING BUSINESS lives of needy citizens. I extend my ap- ∑ Mr. BAUCUS. Mr. President, I rise Mr. ALLARD. Mr. President, on be- preciation and thanks to NALC’s lead- today to honor a select few individuals half of the majority leader, I ask unan- ers and members for their dedication from my home state of Montana. I have imous consent that the Senate proceed and commitment to their strong tradi- personally nominated these individuals to a period for the transaction of morn- tion of community service. to represent Montana in the Library of ing business, with Senators permitted The food drive started as small pilot Congress’ Local Legacies Project as to speak for up to 10 minutes each. program in 10 cities and, as a result of part of their Bicentennial Celebration. The PRESIDING OFFICER. Without its huge success, was expanded nation- The Local Legacies project has allowed objection, it is so ordered. wide. The program asks postal patrons citizens to participate directly in this f to place a box or bag of food next to great celebration. The participants their mailboxes. The food is picked up, have documented America’s grassroots SOCIAL SECURITY sorted at postal stations and then de- heritage in every state, the U.S. Trusts Mrs. BOXER. Mr. President, Senator livered to area food banks by letter and Territories, and the District of Co- GRAMS quoted a letter to President carriers. lumbia. Their documentation provides

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4291 a snapshot of the nation’s unique tradi- My people will sleep for one hundred years, never been greater. To recognize those tions as we begin a new century. My but when they awake, it will be the artists who help students achieve their goal of nominees for Montana’s Local Legacies who give them their spirit back. a higher education and to promote the have worked hard to represent the Composer and performers Philip accessibility of higher education to ev- beauty and deeply rooted heritage of Aaberg and Darol Anger collaborated eryone, May has been designated as Na- our rugged and wide open state. The with master Metis fiddler, Jimmie tional Scholarship Month. survival of our heritage is important LaRocque to revive once again the me- I would like to draw attention to one for knowing not only where we came lodious spirit of the Metis people. Gen- organization in particular that de- from, but where we are going. And for tlemen, I take my hat off to you! serves accolades for its efforts to pro- this, I commend them. Five St. Ignatius High School stu- vide financial aid to students. The Min- Native Reign, is composed of North- dents from St. Ignatius, Montana, who nesota-based Citizens’ Scholarship ern Cheyenne youth to promote the present and preserve their area’s native Foundation of America (CSFA) is the need for education, respect for the en- traditions using interviews with farm- nation’s largest private sector scholar- vironment, development of personal ers and ranchers of the Mission Valley ship and educational support organiza- skills, respect of tribal elders and a of Montana along with poignant photo- tion. Since its founding in 1958, CSFA strong spiritual foundation. They have graphs which paint a dramatic picture has distributed over $561 million to been supported by their adult leader of farm life in the Mission Valley. The more than 572,000 students. Through Ken Bisonette and his efforts to make report summarizing their findings was more than 800 ‘‘Dollars for Scholars’’ Native Reign the role model it has be- written by their teacher Marta Brooks. chapters, the Foundation has estab- come. They combine traditional Native Students in Brooks’s English and his- lished a grassroots network, with prov- American dances, skits, with contem- tory classes used the ‘‘heritage edu- en results. porary music to celebrate the history cation’’ approach to the study of local I applaud the Foundation’s tireless and traditions of the tribe. On April 9, culture. They collected stories, oral efforts to increase private sponsorship 1999, they received the Governor’s histories, historical documents, art and of scholarships to our nation’s youth. I Award at the State Capitol Building in geological information that reflect the also congratulate and thank the dozens Helena from Montana Governor Marc unity of landscape and culture. Mon- of Minnesota companies, organizations, Racicot for their success in showing tana’s traditional farmers and ranchers and foundations that work with CSFA Montana youth an alternative lifestyle are becoming a dying breed so because to help ensure that a higher education to teen pregnancy, drugs and alcohol of the change in the local landscape is an affordable education. Addition- abuse, gangs, and violence. They are a with the inevitable change in the local ally, I join in CSFA’s challenge to the role model for not only the young peo- culture the students were prompted to communities, organizations, busi- ple of Montana, but for the rest of the initiate this project as a way to docu- nesses, and individuals that already United States as well. Congratulations sponsor scholarships to double the Native Reign, you are truly a legacy! ment and preserve the area’s native culture and traditions before they number of awards, and I invite others Mike Logan, Montana’s very own to establish scholarship programs this Cowboy Poet has contributed a book of cease to exist. Thank you all for your efforts to immortalize our rich agricul- year. poetry illustrated with original photo- Mr. President, it is my hope that tural heritage. Your hard work brings a graphs he took during his travels CSFA’s leadership in the multitude of throughout our breathtaking state. His lot of pride to Montana! Montana Horse Story, was brought to National Scholarship Month activities book is entitled ‘‘Montana Is . . .’’ around the nation will broaden the sup- us through the use of still photog- Mike wanted to share some of the port for private scholarship dollars and raphy, film, and field reporting, by a beauty he had been privileged to expe- increase the level of participation. mother/son team, Allison and Joshua rience and photograph in his 21 years Today, I ask my colleagues to join me Collins. Allison and Joshua are part of living in Montana. As part of his intro- in celebrating the generosity of our na- a company called Related Images. duction to the book, Mike states: ‘‘I tion’s scholarship sponsors during this Their project documents the legacy of love everything about Montana.... I National Scholarship Month.∑ still feel like I’m spending every day in the horse for work, transportation, and f heaven.’’ Words that ring so true to my recreation as preserved by various own heart. Mike paints a verbal and Montana events such as rodeo, the BICENTENNIAL OF LIBRARY OF visual picture true to the very poetic Miles City Bucking Horse Sale, Indian CONGRESS nature of Montana’s scenic beauty and rodeo, and O-mok-see. Their work was ∑ Mr. MOYNIHAN. Mr. President, I rise spectacular wildlife. I would encourage last seen locally, in an exhibit of rodeo today to honor the Library of Congress everyone to pick up his book and take photography, at the Holter Museum, in on the occasion of its Bicentennial. a journey into Montana’s rich heritage. Helena, Mt. Much like the other Local Since April 24, 1800, when President Thank you Mike, your poetry is one Legacies projects, Montana Horse John Adams created the Library, it has more part of our history we are lucky Story pinpoints a vital part of Mon- stood as the foremost research library to have! tana’s rich traditions, that without it in the world. But more importantly it The Metis Project: When they we would not be the people that we has been a symbol of the public’s free- Awake—was created and produced by have become. Joshua and Allison, you dom of access to information, an idea Helena Presents, a production, presen- have captured our spirit in some of its which is the bedrock of our Republic. tation and film center based in Helena, best moments. Without your talents The history of the Library of Con- Montana. It is a celebration of the ex- and dedication, our story would never gress is filled with some rather compel- traordinary legacy of fiddle music of be heard. Thank you! ling stories. The early days of the Li- the Metis people. The project explores I conclude with one final remark: brary were turbulent, to say the least. the musical and social legacy of a tribe Without the hard work of all these in- In 1813, in what may not have been our without boundaries, whose heritage re- dividuals, Montana’s rich cultural her- nation’s proudest moment, American sults from marriage between Indians itage may never be known. You should troops burned the Parliament House and Europeans throughout the North- all be very proud of your efforts. I and the Library of Canada in present ern Plains from Sault St. Marie, Michi- know Montanans are. And I most cer- day Toronto. Seeking revenge, a year gan, to Choteau, Montana, across both tainly am.∑ later British troops stormed into Wash- sides of the 49th parallel. Central to f ington, burned the White House and the project is the creation of a new mu- the Capitol, including the original Li- sical work that references the indige- NATIONAL SCHOLARSHIP MONTH brary of Congress. Recognizing that nous American rhythms and diverse ∑ Mr. GRAMS. Mr. President, our na- this national treasure must be re- European fiddle heritage that is tion’s prosperity and continued success stored, the then retired Thomas Jeffer- present in Metis music. The name of are directly related to the education of son offered his personal library at Mon- the presentation is based on a pre- our citizens. As the price tag of higher ticello as a replacement. diction of Louis Riel, a teacher, writer, education continues to rise, the impor- Today the Library is the most com- and hero to the Metis people: tance of financial aid programs has prehensive library in the country, and

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4292 CONGRESSIONAL RECORD — SENATE May 23, 2000 is almost completely open to the pub- about the activities here, they often Having distilled the problem to its lic. It is more than just Congress’ li- prepare articles about how a bill be- most basic elements, the Matchmakers brary, it is the nation’s source of comes a law. That is an interesting are now setting out to track down sup- knowledge. study, but it is only half of the story. pliers who could fill the agencies’ pro- This year we have been marking the In fact, it is equally interesting to see curement needs, identify those that are Library’s 200th anniversary. It comes how a law becomes a program—how located in HUBZones, educate them as no surprise that the centerpiece of words on the law books are trans- about the program benefits, and get this year’s Bicentennial celebration is formed into a working program that them to apply for certification. the Local Legacies Project, a volunteer delivers services to our constituents. Mr. President, this kind of aggressive project that celebrates America’s his- The key to that process is people. Ul- action is exactly what is necessary to tory, culture, and folklore. With this timately, someone has to take respon- transform the HUBZone Act from mere exhibit the Library will showcase im- sibility for carrying out the laws we words on a page into a program that portant events, places, and people from craft here. Today I want to recognize a helps real people and communities. around the nation—things that help de- group of people who are aggressively Someday, when the HUBZone program fine who we are as Americans and what working to give life to the HUBZone is delivering benefits and creating jobs this country is all about. program we passed in 1997. for people who currently do not have I am proud that five projects from The HUBZone program seeks to use them, it will be essential to remember across New York State which I des- the Government’s purchasing power to the people who made it possible. So ignated have been included as part of encourage economic growth and job that their names are not forgotten, I the Local Legacies Project. They are creation in the Nation’s most intran- ask to include in the RECORD a list of the Little Falls Canal Celebration, sigent areas of poverty and unemploy- the members of the Matchmakers High Winter Olympics at Lake Placid ment. These areas often present the Performance Team, and I call the at- (Olympic Regional Development Au- greatest challenge because they lack a tention of my colleagues to their lead- thority), Summer at Jones Beach (New strong customer base. ership and hard work. York State Parks), ‘‘Immigrant Life in As a result, small businesses tend not Richard S. Alexander, Market Develop- New York’’ (Lower East Side Tenement to locate in these areas, preferring to ment Center, Bangor, ME Museum), and the Allentown Arts Fes- set up their operations in more pros- Ronald R. Belden, Kollsman Inc., tival. I believe that these events, along perous areas that have an established Merrimack, NH with those other projects nominated by stream of customer traffic. The Deborah Bode, Kaman Aerospace Corpora- tion, Bloomfield, CT my colleagues from the New York Con- HUBZone program seeks to offset this Ira M. Brand, Sanders-Lockheed Martin, gressional Delegation, represent the di- imbalance by making the Government Nashua, NH versity and rich history that is New a customer to firms willing to invest in Cynthia Busch, Market Development Cen- York State. these hard-to-reach communities. ter, Bangor, ME The Lower East Side Tenement mu- Over two years have passed since the Sean Crean, Small Business Administra- seum shows how New York City’s large HUBZone program was signed into law, tion, Augusta, ME and diverse immigrant culture lived but progress has been very slow. Re- Carl E. Cromer, Defense Contact Manage- ment Command, Hartford, CT upon beginning their new lives in cently the Small Business Administra- Janette Fasano, Small Business Adminis- America. Jones Beach represents the tion certified the 1,000th HUBZone tration, Boston, MA many recreation opportunities our small business concern, a major mile- Joseph M. Flynn, New Hampshire Office of state offers and how families spend stone. However, the need is much Business and Industrial Development, Con- time together. The Little Falls Canal greater. Without a large base of cer- cord, NH Celebration is about the history of our tified firms, the Government will not John Forcucci, BBN Corporation, Cam- State’s industrial development and the have enough participating companies bridge, MA Benita Fortner, Raytheon Company, Lex- pride a local community has taken in to do business on the scale we envi- ington, MA that history. Were it not for the Erie sioned in writing the program. Len Green, Massachusetts Small Business Canal, New York would not be the Em- Because of this lack of certified com- Development Center, Salem, MA pire State. Lake Placid, home of two panies, some agencies are throwing up Keith Hubbard, Small Business Adminis- Winter Olympics is about New York’s their hands and opting not to carry out tration, Bedford, MA rich sports history. It also is a show- the HUBZone law. Without enough ven- Maridee N. Kirwin, GEO-Centers, Inc., dors to bid on contracts, some agencies Newton Center, MA case for the beauty and majesty of the Gregory Lawson, State of Vermont Depart- Adirondack Mountains. Finally, the are letting this tremendous new re- ment of Economic Development, Montpelier, Allentown Arts Festival is about our source sit idle. VT commitment to the arts, something Defense Department agencies in the Ken Lewis, Rhode Island Economic Devel- which can be seen across the State but New England States have proved an ex- opment Corporation, Providence, RI especially in Allentown. ception to that rule. The Northeast Re- John H. McMullen, General Dynamics Gov- It was one of the great and inspired gional Council, which comprises small ernment Services Corporation, Needham choices of our predecessors in the Con- business officers from Defense agencies Heights, MA and Procurement Technical Assistance David J. Rego, Naval Undersea Warfare gress to purchase Thomas Jefferson’s Center Division Newport, Newport, RI personal library, and thereafter estab- Centers, along with defense contractors Barbara A. Riley, Textron Systems, Wil- lish the Library of Congress. As New large and small, created a special High mington, MA Yorkers, with our Public Library, we Performance Team dubbed ‘‘The Michael Robinson, Massachusetts Procure- truly understand the eminence of the Matchmakers’’ to identify problems in ment Technical Assistance Center, Amherst, Library of Congress. It is the largest implementing the HUBZone program MA and to work aggressively to solve Philip R. Varney, Defense Contract Man- research library in this country, and agement Command, Boston, MA indeed the world. The Local Legacies them. Arlene M. Vogel, Connecticut Procurement Project is a fitting way to celebrate The Matchmakers found six compo- Technical Assistance Center, New London, this great treasure. The Library is nents that were mismatched (‘‘the CT∑ about preserving and disseminating hexa-mismatch problem’’): contract re- f knowledge about many things, but es- quirements, suppliers, commodities, GEORGIA RESEARCH ALLIANCE pecially about this great nation. The agency databases, education and bene- HELPS CONVERT A VISION INTO Local Legacies project is about com- fits under the program, and the REALITY memorating and showcasing that HUBZones themselves. For example, knowledge.∑ commodities to be purchased were not Mr. CLELAND. Mr. President, ten f matched with suppliers who could pro- years ago the business, government vide them, and those suppliers were not and academic leaders in the state of THE MATCHMAKERS necessarily matched to HUBZone areas Georgia had a vision. Their vision was ∑ Mr. BOND. Mr. President, when jour- that would make them eligible to par- to cultivate and develop a robust tech- nalists and political scientists write ticipate. nology-driven economy and to make

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4293 Georgia’s high-tech industry one of the Tummala of the Georgia Institute of lead to the development and commer- best in the nation. I’m pleased to re- Technology, whose interests are the cialization of new vaccines, diagnostics port that this vision is a reality today. next generation electronic packaging, and drugs to prevent and treat infec- Georgia is now the nation’s leader in integral passive components, ultra tious diseases that threaten the health generating high-tech jobs and Atlanta high-density substrate technologies. of the world’s population and livestock. is the undisputed high-tech capital of These are only a few of the many dedi- This is only a sample of the extraor- the Southeast! I’d like to pay tribute cated researchers and scholars who are dinary projects that are envisioned for to the men and women of Georgia for helping to shape Georgia’s high-tech this year. Just wait until next year. their role in making these monumental economy for the 21st century and are The advancements made by these achievements possible. ensuring that Georgia becomes an even projects will no doubt create even more One of the leading organizations that stronger world-class leader in high- exciting high-tech initiatives in the fu- is responsible for advancing Georgia’s tech development. ture. high-tech economy is the Georgia Re- There are many others who are work- The Alliance, through its hard work search Alliance. The Alliance’s mission ing on notable projects, from agricul- and dedicated people, has received is to develop Georgia’s high-tech econ- tural biotechnology to water and air worldwide recognition for its achieve- omy by enabling the states’s research quality enhancements to technology- ments and is prepared more than ever universities to become powerful en- based learning, to e-commerce and before to attract and retain some of gines of economic growth. The Alliance wireless communication. All of the the best researchers in the world. The has carried out its mission over the Eminent Scholars who have chosen Alliance has already been responsible past ten years by strategically invest- Georgia to undertake their research do for generating over 80,000 new jobs ing $240 million in State and Federal so for one reason—the strategic course since 1990, and they are creating more funding and $65 million in matching Georgia has chosen to make its high- jobs than ever through the formation funds from private sector firms, like tech economy world class by the year of new technology-based companies. Bell South, Merial Corporation and 2010. These companies are being formed al- Georgia Power. These investments are The major drive in developing Geor- most daily in Georgia by converting re- paying big dividends. First, Georgia gia’s technology economic sector has search technology developed in univer- has utilized over $600 million in Fed- been the investment of hundreds of sity and industry laboratories into new eral grants and contracts for building a millions of dollars to establish new, commercial applications. One example premier high-tech research infrastruc- leading-edge research programs, espe- is AviGenics, Inc., a development-stage ture through focused investments in cially those involving collaboration be- company formed to commercialize the the State’s research universities, cre- tween academic and industrial sci- results of novel laboratory tech- ating endowments for eminent schol- entists and engineers. These invest- nologies in chicken transgenesis dis- ars, building state-of-the-art research ments have gone to developing re- covered at The University of Georgia. facilities and equipping the State’s re- search at Georgia’s universities and The company’s avian transgenesis plat- search laboratories. The Alliance has have resulted in tremendous advances form is being used to improve poultry also been responsible for creating a in technology related discoveries. agronomic traits and helping the phar- high-tech, business friendly environ- These successes are continuing today maceutical industry by producing high ment that has created new businesses by investments in people, laboratory volumes of pharmaceutically-impor- from the research findings developed in construction and specialized instru- tant proteins in eggs. Another success- the State’s universities and enticed mentation in support of collaborative ful high-tech upstart is the Digital eminent scholars to relocate to Geor- research and development. Furnace Corporation. Formed in mid- gia. This year the Alliance is expected to 1998, Digital Furnace is a spin-off from Another key achievement of the Alli- invest an additional $34 million to con- the Broadband Telecommunications ance is growing high-tech jobs in the tinue the progress being made to de- Center led by Georgia Research Alli- state. Since the Alliance began serving velop Georgia’s technology-based econ- ance Eminent Scholar John Limb, who Georgia just ten years ago, the number omy. This effort includes $29.5 million successfully developed broadband tech- of high-tech jobs in the state has more for laboratory construction in support nology to interconnect and automate than doubled. These exceptional of collaborative research and develop- the entire home. These enterprises are achievements have made Georgia the ment conducted by eminent research- benefitting directly from Georgia’s in- national leader in high-tech job growth ers. Another $3.75 million will be used vestment in new, state-of-the-art lab- and allowed Georgia to gain worldwide to fund endowments that will be used oratories that the Alliance helped to recognition for its ability to craft a to recruit five additional Eminent build. state-of-the-art technology-based econ- Scholars for Georgia. The remaining Even established major information omy. $750,000 will be spent to continue the technology companies are being at- It is the efforts of many individuals, Alliance’s highly successful Tech- tracted to Georgia by the presence of researchers and scholars, working with nology Partnerships which encourage our strong science and technology pro- and for the Alliance, that have led to new relationships with industry and as- grams and the state’s commitment to the successes this organization has at- sist in the commercialization of uni- growing the pool of eminent scholars. tained. The Alliance has been respon- versity-based research. Today companies like Lucent Tech- sible for attracting some of the best re- One of the highly promising projects nologies are seeking to capitalize on searchers and scholars in the world to that is being considered for future de- Georgia’s high-tech infrastructure. Re- help build Georgia’s premier high-tech velopment is a project at the Univer- cently, Lucent Technologies chose At- infrastructure. For example, Dr. Julia sity of Georgia to add world-class and lanta to be home for its new Wireless Hilliard, an Alliance Eminent Scholar cutting edge animal genomics tech- Laboratory. The decision was based in molecular biotechnology at Georgia nology to Georgia’s research and busi- largely on its ability to work in close State University, has come to Georgia ness sectors. For another project, it is partnership with Georgia’s great re- with an interest in preventing the envisioned that a team of collaborating searchers and the Alliance’s commit- spread of herpes-B, which is one of the Eminent Scholars from Albany State ment to establish an eminent scholar most feared occupational hazards in University and Georgia State Univer- chair and invest in a wireless systems biomedical science. Dr. Rafi Ahmed at sity will be researching solutions on laboratory at Georgia Tech. These in- the Emory University School of Medi- how to effectively deal with water scar- vestments are resulting in Georgia cine is working to develop a vaccine city problems. To help combat global Tech’s and Lucent’s researchers work- that will permit the human immune infectious diseases, a collaborative ing in partnership to further develop system to respond with greater vigor team of respected scholars from Emory wireless communication capabilities. when encountering a previously en- University, the Medical College of This partnership is also helping to countered pathogen. Included in this Georgia, University of Georgia, Geor- bridge the gap between a company’s cutting-edge organization are world re- gia State and Geogia Tech will create a problems and the expertise available at nowned researchers like Dr. Rao unique research program which will our research universities which, in

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4294 CONGRESSIONAL RECORD — SENATE May 23, 2000 turn, is resulting in high-tech job cre- All this to say, osteoporosis is a dis- THE HISTORIC WOMEN’S COL- ation and retention for the state of ease which we in the Senate cannot af- LEGES AND UNIVERSITY BUILD- Georgia. ford to take lightly. ING PRESERVATION ACT The work of the Alliance has only The National Osteoporosis Founda- ∑ Mr. COVERDELL. Mr. President, I begun and they have great plans to tion has declared May to be National rise to announce that I have added my build on their current successes by cre- Osteoporosis Prevention Month. In my name as a cosponsor to S. 2581, the His- ating a stronger technology infrastruc- capacity as an honorary member of the toric Women’s Colleges and University ture in the State in the future. Their foundation’s board of trustees, I am Building Preservation Act, which sup- goal, as it has been in the past, is to glad to have the opportunity to come ports the preservation and restoration make Georgia’s technology economic to the floor to raise the issue of of historic buildings at seven histori- sector one of the top five in the nation osteoporosis and speak on the need for cally women’s public colleges or uni- by the year 2010. The outstanding suc- continued vigilance in battling this versities. One of the colleges eligible cesses of the men and women of the Al- disease. under this bill is Georgia College and liance have already proven that they State University, which is located in In addition to being National are capable of achieving this goal. Milledgeville, Georgia. This campus Osteoporosis Prevention Month, May Based on the successes they have al- was founded in 1889 as the sister insti- also marks a one-year anniversary for ready achieved, I believe they will tution to Georgia Tech. At the time, a special group in Iowa. In May 1999, a reach their goal sooner than expected. its emphasis was on preparing young group of Newton, Iowa, residents Ladies and gentleman of the Georgia women for teaching or industrial ca- Research Alliance, I am very grateful formed the Newton Support Group reers. for your contributions and I am look- under the leadership of Peg Bovenkamp Georgia College and State University ing forward to your continued suc- and with the help of Skiff Medical Cen- has grown significantly over the years cesses. Thank you very much for mak- ter. The Newton group is the first Iowa and is now the state’s designated lib- ing Georgia a world class leader in support network affiliated with the Na- eral arts university, with a mission of technology development and for mak- tional Osteoporosis Foundation. Today, combining the educational experiences ing Georgia’s technology economy one the members of the Newton Support typical of esteemed private liberal arts ∑ of the best in the nation. Group are participating in Newton’s colleges with the affordability of public f Senior Citizen’s Health Fair. I wish education. The school serves as a resi- them success as they provide informa- THE IMPACT OF OSTEOPOROSIS dential learning community with an tion to older Iowans about osteoporosis emphasis on undergraduate education ∑ Mr. GRASSLEY. Mr. President, I’d prevention and treatment. It is my sin- like to take a few moments to address and offers selected graduate programs cere hope that in coming years we will as well. a health issue of critical importance to see similar groups form in other parts Americans, especially older women. Several historic buildings comprise of my great state and throughout the the campus which is located in the Osteoporosis affects 28 million Ameri- region. cans, 80 percent of whom are women. heart of the historic district of the Nearly one in every two women and Throughout my years in Congress, I city, which served as my state’s capital one in every eight men over age 50 will have championed effort to increase for much of the 19th Century. The experience an osteoporotic fracture in awareness and research funding for former Governor’s mansion, the old his or her lifetime. This disease meas- osteoporosis. In the 102nd Congress, I Baldwin County Courthouse, and sev- urably impact the ability of many introduced legislation to increase re- eral historic residence halls are all older Americans to maintain the inde- search at the Arthritis Institute, form candidates for the $10 million proposed pendence and mobility so integral to a research center on osteoporosis, and in this legislation. mental well-being. create a Health and Human Services Mr. President, the schools which Osteoporosis is estimated to cost the interagency council to set priorities for would receive funding under S. 2581 United States care system $14 billion osteoporosis research. serve as a reminder of the struggle women went through to obtain access annually. In my home state of Iowa, it More recently, I cosponsored legisla- to higher education in our Nation. It is is estimated that $2.9 billion will be tion which passed as part of the Bal- important that we do not allow these spent over the next 20 years as a result anced Budget Act (BBA) of 1997. The of hip, wrist and vetebral fractures. campuses to fade into history. I en- Bone Mass Measurement Coverage courage all of my colleagues in the Annual costs are expected to increase Standardization Act, as included in the from $76 million in 1995 to more than Senate and House to fully support this BBA, provides Medicare reimburse- important legislation.∑ $229 million in 2015. ment for bone mass density tests for According to the Iowa Department of vulnerable beneficiaries. This benefit f Elder Affairs, Iowa is the state with took effect July 1, 1998. And, yesterday the highest proportion of people con- DRUG COURTS IN THE YEAR 2000 I sent a letter to the Health Care Fi- ∑ sidered to be the ‘‘oldest old’’ in the nancing Administration (HCFA) re- Mr. CAMPBELL. Mr. President, today I want to recognize Drug Courts country. Twenty percent are 80 years questing information and the most re- and highlight the invaluable role they of age and over. The people in this age cent data possible on program utiliza- play in our Nation’s war on drugs. As I segment are more frequently women. tion. They are usually living alone; and they have done at this time of the year for are probably the persons with the low- Osteoporosis deeply affects the lives the past two years, I take this oppor- est incomes. of older Americans, mostly women. tunity to call my colleagues’ attention One of the most sobering facts is that And, it is preventable if healthy life- to the significant contribution Drug osteoporosis is largely preventable. style choices are made at a young age. Courts make. Above all, I want to take Prevention is a key element in fighting As we recognize National Osteoporosis this opportunity to once again recog- the disease, because while there are nu- Prevention Month, I would commend nize and applaud the dedicated profes- merous treatments for osteoporosis, the National Osteoporosis Foundation, sionals who have made our Nation’s there is no cure. According to the Na- the Strong Women Inside and Out coa- Drug Courts the successes they are tional Osteoporosis Foundation, there lition, Peg Bovenkamp and the Newton today. are four ways an individual can prevent Support Group, and all those working As our Drug Courts enter their elev- osteoporosis. First, maintain a bal- to raise awareness of the disease. It is enth year of operation, they are as im- anced daily diet rich in calcium and vi- my sincere hope that someday in the portant as ever in our Nation’s battle tamin D. Participate in weight-bearing not too distant future, I can again against drug abuse and the devastating exercise. Do not smoke or drink exces- come to the floor with news of a cure impact drugs have on our Nation and sively. And finally, when appropriate, for osteoporosis. Until that time, I will its families. Over the past year 100-plus have your bone density tested and take continue supporting efforts to eradi- new Drug Courts have been established any physician-prescribed medications. cate this devastating disease.∑ throughout the country, bringing the

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4295 total number to over 700. Additionally, cial monitoring, drug testing, super- Italy, Luxembourg, the Netherlands, Drug Courts are now expanding inter- vision, treatment, rehabilitative serv- Norway, Portugal, Spain, Sweden, nationally, underscoring their value ices, as well as other sanctions and in- Switzerland, and the United Kingdom. around the world. centives for drug offenders. Such bilateral agreements provide for I am especially glad to hear that Statistics show us that Drug Courts limited coordination between the some of our Drug Courts’ best practices work. More than 70 percent of Drug United States and foreign social secu- are now being tailored to the needs and Court clients have successfully com- rity systems to eliminate dual social values of native communities, which pleted the program or remain as active security coverage and taxation, and to for many years have suffered participants. Drug Courts are also cost- help prevent the loss of benefit protec- disproportionally from the scourge of effective. They help convert many tion that can occur when workers di- substance abuse. The kinds of pro- drug-using offenders into productive vide their careers between two coun- grams offered by Drug Courts could members of society. This is clearly tries. The United States-Chilean Agree- play a vital role in breaking the ‘‘Iron preferable to lengthy or repeated incar- ment contains all provisions mandated Triangle’’ of substance abuse, gangs ceration, which traditionally has yield- by section 233 and other provisions that and crime that trap far too many of ed few gains for those struggling with I deem appropriate to carry out the our Nation’s Native Americans and drugs or our Nation as a whole. Drug purposes of section 233, pursuant to others in a cycle of poverty and hope- Courts are proving to be an effective section 233(c)(4) of the Act. lessness. tool in our fight against both drug I also transmit for the information of Next week—from June 1st and 3rd, abuse and other drug-related crime. the Congress a report prepared by the 2000—the National Association of Drug I urge my colleagues to join me in Social Security Administration ex- Court Professionals (NADCP) will host recognizing those Drug Court profes- plaining the key points of the Agree- the 6th Annual NADCP Drug Court sionals who are improving their com- ment, along with a paragraph-by-para- Training Conference entitled ‘‘Expand- munities by dedicating themselves to graph explanation of the provisions of ing the Vision: The New Drug Court this worthwhile concept and expanding the principal agreement and the re- Pioneers.’’ in San Francisco, Cali- the vision for the next generation of lated administrative arrangement. An- fornia. The NADCP expects that this practitioners.∑ nexed to this report is the report re- year’s drug court conference will be the f quired by section 233(c)(1) of the Social largest ever, with over 3,000 drug court Security Act, a report on the effect of professionals slated to attend. MESSAGES FROM THE PRESIDENT the Agreement on income and expendi- This year, six individuals will receive Messages from the President of the tures of the U.S. Social Security pro- the 2000 NADCP New Pioneers Award. I United States were communicated to gram and the number of individuals af- congratulate and thank each of these the Senate by Ms. Evans, one of his fected by the Agreement. The Depart- six outstanding people. I especially secretaries. ment of State and the Social Security want to recognize an award recipient EXECUTIVE MESSAGES REFERRED Administration have recommended the from my home state of Colorado, the As in executive session the Presiding Agreement and related documents to Denver District Attorney, William Rit- Officer laid before the Senate messages me. ter, Jr. from the President of the United WILLIAM J. CLINTON. The Denver Drug Court is the first— States submitting sundry treaties, THE WHITE HOUSE, May 22, 2000. ever drug court system which now han- nominations, and withdrawals which dles 75 percent of all drug cases filed in f were referred to the appropriate com- the city and county of Denver. All of- mittees. THE AGREEMENT BETWEEN THE fenders, with the exception of illegal (The nominations received today are UNITED STATES OF AMERICA aliens, those arrested with a com- printed at the end of the Senate pro- AND THE REPUBLIC OF KOREA panion non-drug felony case or who ceedings.) ON SOCIAL SECURITY—MESSAGE have two or more prior felony convic- FROM THE PRESIDENT—PM 109 f tions, are handled in this court. Most The PRESIDING OFFICER laid be- individuals are assessed within 24 hours THE AGREEMENT ON SOCIAL SE- fore the Senate the following message of arrest. The pre-trial case managers CURITY BETWEEN THE UNITED from the President of the United monitor offenders on bond, while they STATES OF AMERICA AND THE States, together with an accompanying await entry into the program. Over REPUBLIC OF CHILE—A MES- report; which was referred to the Com- 8,000 participants have entered the pro- SAGE FROM THE PRESIDENT— mittee on Finance. gram since it began operations on July PM 108 To the Congress of the United States: 1, 1994. The PRESIDING OFFICER laid be- As the Chairman of the Treasury and Pursuant to section 233(e)(1) of the fore the Senate the following message General Government Subcommittee, Social Security Act, as amended by the from the President of the United which funds the Office of National Social Security Amendments of 1977 States, together with an accompanying Drug Control Policy (ONDCP), I took (Public Law 95–216, 42 U.S.C. 433(e)(1)) report; which was referred to the Com- the opportunity to visit the Denver (the ‘‘Act’’), I transmit herewith the mittee on Finance. Drug Court with ONDCP Director Agreement Between the United States Barry McCaffrey. We met with the To the Congress of the United States: of America and the Republic of Korea Drug Court professionals and observed Pursuant to section 233(e)(1) of the on Social Security, which consists of their judicial procedures. We also saw Social Security Act, as amended by the two separate instruments: a principal first-hand how the court’s programs Social Security Amendments of 1977 agreement and an administrative ar- have a direct impact on drug-abusing (Public Law 95–216, 42 U.S.C. 433(e)(1)) rangement. The Agreement was signed offenders. I believe the Denver Drug (the ‘‘Act’’), I transmit herewith the at Washington on March 13, 2000. Court serves as a role model for the Agreement Between the United States The United States-Korean Agreement next generation of Drug Court practi- of America and the Republic of Chile is similar in objective to the social se- tioners on Social Security, which consists of curity agreements already in force Drug Courts continue to revolu- two separate instruments: a principal with Austria, Belgium, Canada, Fin- tionize the criminal justice system. agreement and an administrative ar- land, France, Germany, Greece, Ire- The strategy behind Drug Courts de- rangement. The Agreement was signed land, Italy, Luxembourg, the Nether- parts from traditional criminal justice at Santiago on February 16, 2000. lands, Norway, Portugal, Spain, Swe- practice by placing non-violent drug The United States-Chilean Agree- den, Switzerland, and the United King- abusing offenders into intensive court ment is similar in objective to the so- dom. Such bilateral agreements pro- supervised drug treatment programs cial security agreements already in vide for limited coordination between instead of prison. Drug Courts aim to force between the United States and the United States and foreign social se- reduce drug abuse and crime by em- Austria, Belgium, Canada, Finland, curity systems to eliminate dual social ploying tools like comprehensive judi- France, Germany, Greece, Ireland, security coverage and taxation and to

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4296 CONGRESSIONAL RECORD — SENATE May 23, 2000 help prevent the loss of benefit protec- ments of the Senate to the bill (H.R. to honor the men and women of the United tion that can occur when workers di- 1832) to reform unfair and anticompeti- States who died in the pursuit of freedom vide their careers between two coun- tive practices in the professional box- and peace; to the Committee on the Judici- tries. The United States-Korean Agree- ing industry. ary. ment contains all provisions mandated The message also announced that the f by section 233 and other provisions that House has agreed to the following con- ENROLLED BILL AND JOINT I deem appropriate to carry out the current resolution, in which it requests RESOLUTION PRESENTED purposes of section 233, pursuant to the concurrence of the Senate: The Secretary of the Senate reported section 233(c)(4) of the Act. H. Con. Res. 302. Concurrent resolution that on today, May 23, 2000, he had pre- I also transmit for the information of calling on the people of the United States to sented to the President of the United the Congress a report prepared by the observe a National Moment of Remembrance to honor the men and women of the United States, the following bill and joint res- Social Security Administration ex- olution: plaining the key points of the Agree- States who died in the pursuit of freedom and peace. S. 1836. An act to extend the deadline for ment, along with a paragraph-by-para- commencement of construction of hydro- graph explanation of the provisions of At 2:21 p.m., a message from the electric project in the State of Alabama. the principal agreement and the re- House of Representatives, delivered by S.J. Res. 44. Joint resolution supporting lated administrative arrangement. An- Ms. Niland, one of its reading clerks, the Day of Honor 2000 to honor and recognize nexed to this report is the report re- announced that the House has passed the service of minority veterans in the quired by section 233(e)(1) of the Social United States Armed Forces during World the following joint resolution, without War II. Security Act, a report on the effect of amendment: f the Agreement on income and expendi- S.J. Res. 44. Joint resolution supporting tures of the U.S. Social Security pro- the Day of Honor 2000 to honor and recognize REPORTS OF COMMITTEES gram and the number of individuals af- the service of minority veterans in the The following reports of committees fected by the Agreement. The Depart- United States Armed Forces during World War II. were submitted: ment of State and the Social Security By Mr. BENNETT, from the Committee on Administration have recommended the At 4:53 p.m., a message from the the Judiciary, with an amendment in the na- Agreement and related documents to ture of a substitute: me. House of Representatives, delivered by H.R. 2260: A bill to amend the Controlled WILLIAM J. CLINTON. Mr. Hayes, one of its reading clerks, Substances Act to promote pain manage- THE WHITE HOUSE, May 22, 2000. announced that the Speaker has signed ment and palliative care without permitting the following enrolled bills and joint assisted suicide and euthanasia, and for f resolution: other purposes (Rept. No. 106–299). MESSAGES FROM THE HOUSE S. 1836. An act to extend the deadline for By Mr. MCCAIN, from the Committee on Commerce, Science, and Transportation, At 12:12 p.m., a message from the commencement of construction of a hydro- electric project in the State of Alabama. with an amendment in the nature of a sub- House of Representatives, delivered by stitute: Ms. Niland, one of its reading clerks, S.J. Res. 44. An act supporting the Day of Honor 2000 to honor and recognize the serv- S. 1089: A bill to authorize appropriations announced that the House has passed ice of minority veterans in the United States for fiscal years 2000 and 2001 for the United the following bill, without amendment: Armed Forces during World War II. States Coast Guard, and for other purposes S. 1836. An act to extend the deadline for H.R. 154. An act to allow the Secretary of (Rept. No. 106–300). commencement of construction of a hydro- the Interior and the Secretary of Agriculture By Mr. MCCAIN, from the Committee on electric project in the State of Alabama. to establish a fee system for commercial Commerce, Science, and Transportation, filming activities on Federal land, and for without amendment: The message also announced that the S. 2327: A bill to establish a Commission on House has passed the following bill, in other purposes. H.R. 834. An act to extend the authoriza- Ocean Policy, and for other purposes (Rept. which it requests the concurrence of tion for the Historic Preservation Fund and No. 106–301). the Senate: the Advisory Council on Historic Preserva- (By Mr. MCCAIN, from the Committee on H.R. 1752. An act to make improvements in tion, and for other purposes. Commerce, Science, and Transportation, the operation and administration of the Fed- H.R. 1832. An act to reform unfair and anti- with an amendment: eral courts, and for other purposes. competitive practices in the professional H.R. 1651: A bill to amend the Fishermen’s boxing industry. Protective Act of 1967 to extend the period The message further announced that during which reimbursement may be pro- the House has passed the following The enrolled bills and joint resolu- vided to owners of United States fishing ves- bills, with amendment, in which it re- tion were signed subsequently by the sels for costs incurred when such a vessel is quests the concurrence of the Senate: President pro tempore (Mr. THUR- seized and detained by a foreign country S. 430. An act to amend the Alaska Native MOND). (Rept. No. 106–302). By Mr. HATCH, from the Committee on Claims Settlement Act, to provide for a land f exchange between the Secretary of Agri- the Judiciary, with an amendment in the na- culture and the Kake Tribal Corporation, MEASURES REFERRED ture of a substitute: and for other purposes. The following bill was read the first S. 2089: A bill to amend the Foreign Intel- S. 1236. An act to extend the deadline under ligence Surveillance Act of 1978 to modify and second times by unanimous con- procedures relating to orders for surveillance the Federal Power Act for commencement of sent and referred as indicated: the construction of the Arrowrock Dam Hy- and searchers for foreign intelligence pur- H.R. 1752. An act to make improvements in droelectric Project in the State of Idaho. poses, and for other purposes. the operation and administration of the Fed- By Mr. BENNETT, from the Committee on The message also announced that the eral courts, and for other purposes; to the Appropriations, without amendment: House has agreed to the amendments of Committee on the Judiciary. S. 2603: An original bill making appropria- the Senate to the bill (H.R. 154) to The following bill was referred to the tions for the Legislative Branch for the fis- allow the Secretary of the Interior and Select Committee on Intelligence, pur- cal year ending September 30, 2001, and for other purposes (Rept. No. 106–304). the Secretary of Agriculture to estab- suant to section 3(b) of Senate Resolu- lish a fee system for commercial film- By Mr. STEVENS, from the Committee on tion 400, 94th Congress, for a period not Appropriations: ing activities on Federal land, and for to exceed 30 days of session: Special Report entitled ‘‘Revised Alloca- other purposes. S. 2089. An act to amend the Foreign Intel- tion to Subcommittees of Budget Totals, The message also announced that the ligence Surveillance Act of 1978 to modify Fiscal Year 2001’’ (Report No. 106–303). House has agreed to the amendments of procedures relating to orders for surveillance f the Senate to the bill (H.R. 834) to ex- and searches for foreign intelligence pur- tend the authorization for the Historic poses, and for other purposes. INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Preservation Fund and the Advisory The following concurrent resolution Council on Historic Preservation, and was read and referred as indicated: The following bills and joint resolu- for other purposes. H. Con. Res. 302. Concurrent resolution tions were introduced, read the first The message further announced that calling on the people of the United States to and second times by unanimous con- the House has agreed to the amend- observe a National Moment of Remembrance sent, and referred as indicated:

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By Ms. SNOWE (for herself and Ms. jewelry exported to the United States Virgin STEIN, Mrs. MURRAY, and Mr. CON- COLLINS): Islands; to the Committee on Finance. RAD): S. 2602. A bill to provide for the Secretary By Mr. THURMOND (for himself and S. Con. Res. 116. A concurrent resolution of Housing and Urban Development to fund, Mr. HOLLINGS): commending Israel’s redeployment from on a 1-year emergency basis, certain requests S. 2614. A bill to amend the Harmonized southern Lebanon; considered and agreed to. for grant renewal under the programs for Tariff Schedule of the United States to pro- f permanent supportive housing and shelter- vide for duty-free treatment on certain man- plus-care for homeless persons; to the Com- ufacturing equipment; to the Committee on STATEMENTS ON INTRODUCED mittee on Banking, Housing, and Urban Af- Finance. BILLS AND JOINT RESOLUTIONS fairs. By Mr. KENNEDY (for himself and By Ms. SNOWE (for herself and By Mr. BENNETT: Mrs. HUTCHISON): S. 2603. An original bill making appropria- S. 2615. A bill to establish a program to Ms. COLLINS): tions for the Legislative Branch for the fis- promote child literacy by making books S. 2602. A bill to provide for the Sec- cal year ending September 30, 2001, and for available through early learning and other retary of Housing and Urban Develop- other purposes; placed on the calendar. child care programs, and for other purposes; ment to fund, on a 1-year emergency By Mr. DORGAN (for himself and Mr. to the Committee on Health, Education, basis, certain requests for grant re- ROCKEFELLER): Labor, and Pensions. newal under the programs for perma- S. 2604. A bill to amend title 19, United States Code, to provide that rail agreements f nent supportive housing and shelter- plus-care for homeless persons; to the and transactions subject to approval by the SUBMISSION OF CONCURRENT AND Committee on Banking, Housing, and Surface Transportation Board are no longer SENATE RESOLUTIONS exempt from the application of the antitrust Urban Affairs. laws, and for other purposes; to the Com- The following concurrent resolutions HOMELESS ASSISTANCE LEGISLATION mittee on the Judiciary. and Senate resolutions were read, and ∑ Ms. SNOWE. Mr. President, I rise to By Ms. COLLINS: referred (or acted upon), as indicated: S. 2605. A bill to amend the Internal Rev- introduce legislation designed to guar- By Mr. FEINGOLD (for himself, Mrs. enue Code of 1986 to expand income aver- antee funding for Department of Hous- BOXER, Mr. KOHL, Mr. WELLSTONE, aging to include the trade or business of fish- ing and Urban Development (HUD) Mrs. FEINSTEIN, and Mr. GRAMS): ing and to provide a business credit against McKinney Act homeless assistance pro- S. Res. 309. A resolution expressing the income for the purchase of fishing safety sense of the Senate regarding conditions in grams, including Shelter Plus Care and equipment; to the Committee on Finance. Laos; to the Committee on Foreign Rela- the Supportive Housing Program By Mr. HOLLINGS (for himself, Mr. tions. (SHP). ROCKEFELLER, Mr. BRYAN, Mr. By Ms. SNOWE (for herself, Mr. WAR- The legislation I am introducing BREAUX, Mr. INOUYE, Mr. FEINGOLD, NER, Mr. LEVIN, Mr. THURMOND, Mr. Mr. EDWARDS, Mr. KERREY, Mr. today mirrors legislation introduced KENNEDY, Mr. MCCAIN, Mr. ROBB, Mr. CLELAND, Mr. DURBIN, and Mr. BYRD): earlier this year in the House by Rep- S. 2606. A bill to protect the privacy of SMITH of New Hampshire, Mr. REED, resentative LAFALCE and included in NHOFE, Mr. LIEBERMAN, Mr. American consumers; to the Committee on Mr. I the House version of the FY01 supple- SANTORUM, Mr. CLELAND, Mr. ROB- Commerce, Science, and Transportation. ERTS, Mr. HUTCHINSON, and Mr. SES- mental, which would renew existing By Mr. WYDEN: SIONS): Shelter Plus and SHP contracts and S. 2607. A bill to promote pain management fund them under the budget for the and palliative care without permitting as- S. Res. 310. A resolution honoring the 19 sisted suicide euthanasia, and for other pur- members of the United States Marine Corps HUD Section 8 housing assistance pro- poses; to the Committee on Health, Edu- who died on April 8, 2000, and extending the gram. cation, Labor, and Pensions. condolences of the Senate on their deaths; The renewals funded under this legis- By Mr. GRASSLEY (for himself and considered and agreed to. lation would provide grant funding for By Mr. BOND (for himself, Mr. KERRY, Mr. ROTH): existing programs that support assist- S. 2608. A bill to amend the Internal Rev- Mr. ABRAHAM, Mr. BURNS, Ms. SNOWE, Ms. LANDRIEU, Mr. LIEBERMAN, Mr. ance to some of the most vulnerable enue Code of 1986 to provide for the treat- Americans—the homeless. Without the ment of certain expenses of rural letter car- EDWARDS, Mr. BINGAMAN, Mrs. MUR- riers; to the Committee on Finance. RAY, and Mr. HARKIN): resources that this bill is designed to By Mr. CRAIG (for himself and Mr. S. Res. 311. A resolution to express the provide, many who receive assistance CRAPO): sense of the Senate regarding Federal pro- today will literally be left out in the S. 2609. A bill to amend the Pittman-Rob- curement opportunities for women-owned cold. ertson Wildlife Restoration Act and the Din- small businesses; considered and agreed to. Keep in mind that these are not new gell-Johnson Sport Fish Restoration Act to By Mr. LOTT (for himself and Mr. programs—they are renewals. And they enhance the funds available for grants to DASCHLE): S. Res. 312. A resolution to authorize testi- fund community initiatives already in States for fish and wildlife conservation place in cities and towns across the projects, and to increase opportunities for mony, document production, and legal rep- recreational hunting, bow hunting, trapping, resentation in State of Indiana v. Amy Han; country that provide assistance to archery, and fishing, by eliminating chances considered and agreed to. those in need. Under Shelter Plus and for waste, fraud, abuse, maladministration, By Mr. LOTT (for himself and Mr. SHP, states are awarded grants for and unauthorized expenditures for adminis- DASCHLE): services such as subsidized housing for tration and implementation of those Acts, S. Res. 313. A resolution to authorize rep- the homeless, many of whom are phys- and for other purposes; to the Committee on resentation by the Senate Legal Counsel in ically or mentally ill or disabled, or Environment and Public Works. Harold A. Johnson v. Max Cleland, et al; con- sidered and agreed to. who suffer from substance abuse prob- By Mr. HARKIN (for himself, Mr. lems, as well as job training, shelters, THOMAS, Mr. CRAIG, and Mr. FEIN- By Mr. BOND (for himself, Mr. GOLD): ASHCROFT, and Mr. ROBERTS): health care, child care, and other serv- S. 2610. A bill to amend title XVIII of the S. Con. Res. 114. A concurrent resolution ices for this population. Some of the Social Security Act to improve the provision recognizing the Liberty Memorial in Kansas victims that are helped are children, of items and services provided to medicare City, Missouri, as a national World War I low-income families, single mothers, beneficiaries residing in rural areas; to the symbol honoring those who defended liberty and battered spouses. Many are also Committee on Finance. and our country through service in World veterans. War I; to the Committee on Energy and Nat- By Mr. LEVIN: I have witnessed first-hand the dis- S. 2611. A bill to provide trade adjustment ural Resources. assistance for certain workers; to the Com- By Mr. THOMAS (for himself and Mr. location that can be caused by non-re- mittee on Finance. ENZI): newal. In January of last year, HUD By Mr. GRAHAM (for himself, Mr. S. Con. Res. 115. A concurrent resolution issued homeless grant assistance an- GRASSLEY, Mr. THOMAS, Mr. BIDEN, providing for the acceptance of a statue of nouncements to most states but denied and Mr. BAYH): Chief Washakie, presented by the people of applications submitted by the Maine S. 2612. A bill to combat Ecstasy traf- Wyoming, for placement in National Stat- State Housing Authority and by the ficking, distribution, and abuse in the United uary Hall, and for other purposes; to the city of Portland, Maine leaving the States, and for other purposes; to the Com- Committee on Rules and Administration. mittee on the Judiciary. By Mr. LOTT (for himself, Mr. state one of only four not to receive By Mr. GRAHAM: DASCHLE, Mr. HELMS, Mr. BIDEN, Mr. any funds. We were alarmed to learn S. 2613. A bill to amend the Tariff Act of GRAHAM, Mr. BAUCUS, Mr. HARKIN, that this would mean that many home- 1930 to permit duty drawbacks for certain Mr. JOHNSON, Mr. DODD, Mrs. FEIN- less agencies and programs could lose

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4298 CONGRESSIONAL RECORD — SENATE May 23, 2000 funding altogether, and that in fact, importance to homeless advocates na- and firefighting equipment to be placed over 70 homeless people with mental tionwide. To that end, I am pleased on board all fishing boats. Unfortu- illnesses or substance abuse problems that the Senate version of the fiscal nately, the cost of some of the safety would lose housing subsidies. year 2001 Agriculture Department ap- equipment has proven to be a serious The Maine congressional delegation propriations report contains language practical impediment for many com- immediately protested the decision to expressing concern about the HUD poli- mercial fishermen. The margin of prof- HUD Secretary Andrew M. Cuomo. cies that resulted in a number of local it for some commercial fishermen is HUD officials ultimately restored homeless assistance initiatives going simply too narrow and they simply about $1 million in funding to the city unfunded in recent years, and urging lack the funds required to purchase the of Portland, a portion of the city’s re- HUD to ensure that expiring rental expensive safety equipment they re- quest, but refused to restore any State contracts are renewed. HUD is also di- quire. homeless funding. rected to submit a report to Congress Moreover, as the fishing industry has In 1998, Maine homeless assistance explaining why projects with expiring come under increasingly heavy Federal providers received about $3.5 million grants were rejected during the 1999 regulation, fishermen have often felt for HUD, and the State had simply re- round. compelled to greatly increase their quested $1.2 million for renewals and I look forward to working with the productivity on those days when they $1.27 million to meet additional needs Senate VA–HUD Appropriations Sub- are permitted to fish. As a result, too in 1999. What did they get to meet committee as well as the Banking many take dangerous risks in order to these needs—nothing. In spite of the Committee as this year’s legislative earn a living. proven track record of homeless pro- and appropriations process continues, Just this last January, in my home grams in Maine, including praise by and as we endeavor to craft a long- State of Maine, a terrible and tragic in- Secretary Cuomo during an August term solution to the homeless problem cident highlighted the critical impor- 1998 visit to Maine, HUD completely ze- that is fiscally and socially responsible tance of safety equipment. Two very roed out funding for Maine. Not a and improves the effectiveness of fed- experienced fishermen tragically penny for these disadvantaged chil- eral homeless programs for the future. drowned off Cape Neddick when their dren, battered women, single mothers, Once again, I applaud the leadership commercial fishing vessel capsized dur- disabled individuals, and veterans who of the Senate VA–HUD and Banking ing a storm. The sole survivor of this sacrificed to preserve the freedoms we panels on this important issue, and I tragedy was the fisherman who was cherish. am confident in their commitment to able to correctly put on an immersion This could happen anywhere, but it further improvements in the program.∑ suit, a safety suit that the Coast Guard shouldn’t. This is why I have also co- has required on cold water commercial sponsored legislation authored by my By Ms. COLLINS: fishing boats since the early 1990s. colleague from Maine, Senator COL- S. 2605. A bill to amend the Internal In fact, immersion suits, liferafts, LINS, to guarantee minimum funding Revenue Code of 1986 to expand income and emergency locater devices have for every state and assure a fairer, averaging to include the trade or busi- been credited with saving more than more equitable allocation of funding in ness of fishing and to provide a busi- 200 lives since 1993. By providing a the future. The legislation requires ness credit against income for the pur- $1,500 tax credit for fishermen to pur- HUD to provide a minimum of 0.5 per- chase of fishing safety equipment; to chase safety equipment, my legislation cent of funding to each state under the Committee on Finance. would encourage the wider availability title IV of the Stewart B. McKinney TAX LEGISLATION FOR COMMERCIAL FISHERMEN and use of safety equipment on our Na- Homeless Assistance Act. Ms. COLLINS. Mr. President, I rise tion’s commercial fishing boats. We Without this assistance, basic sub- today to introduce legislation designed should take this sensible step to help sidized housing and shelter programs to help commercial fishermen navigate ensure that fishermen do not set off suffer, and it is more difficult for the often choppy waters of the Internal without essential safety gear. states to provide job training, health Revenue Code. The second provision of my bill care, child care, and other vital serv- The legislation I am introducing would eliminate some of the perils that ices to the victims of homelessness. would make two commonsense changes the Tax Code has that particularly af- In 1988, 14,653 people were tempo- to our tax laws. First, my legislation fect commercial fishermen. I propose rarily housed in Maine’s emergency would extend a $1,500 tax credit to com- to allow fishermen to use income-aver- homeless shelters. Alarmingly, young mercial fishermen to assist them in the aging tax provisions that are now people account for 30 percent of the purchase of important safety equip- available to our Nation’s farmers. For population staying in Maine’s shelters, ment. tax purposes, income averaging allows which is approximately 135 homeless Commercial fishermen engage in one individuals to carry back income from young people every night. Twenty-one of the most dangerous professions in a boom year to a prior less prosperous percent of these young people are be- America. They have a higher fatality year. This tax treatment assists indi- tween 5–12 with the average age being rate than even firefighters, police offi- viduals who must adapt to wide fluc- 13. cers, truck or taxi drivers. From 1994 tuations in their income from year to It is vitally important that changes to 1998, 396 commercial fishermen lost year by preventing them from being be made to our homeless policy to en- their lives while fishing. Last year, in pushed into higher tax brackets in ran- sure that no state falls through the the wake of catastrophic events that dom good years. cracks in the future. As such, I urge killed 11 fishermen over the course of Until 1986, both farmers and fisher- my colleagues to join me in a strong only 1 month, the Coast Guard Fishing men were covered under the Tax Code’s show of support for the legislation I am Vessel Casualty Task Force was con- income-averaging provisions. However, proposing today. I hope this legislation vened. The task force issued a report income averaging disappeared as part will contribute to the dialogue under that draws several conclusions about of the tax restructuring undertaken in way as to how best to enhance federal current fishing vessel safety. Despite 1986. In 1997, income-averaging provi- homeless assistance initiatives, so that the grim safety statistics surrounding sions were again reintroduced into our programs around the country can con- the profession of fishing, the report Tax Code, but unfortunately, under the tinue to provide vital services to the concludes that most fishing deaths are changes in the 1997 law, only farmers less fortunate among us. preventable. One significant way to were permitted to benefit from this tax Lastly, Mr. President, I would be re- prevent these tragic deaths is to make relief. The Tax and Trade Relief Exten- miss if I did not express my gratitude safety equipment on commercial fish- sion Act of 1998 permanently extended to Senator BOND, who chairs the Sen- ing vessels more widely available. this tax relief provision, but again only ate VA–HUD Subcommittee for his As those of us who represent States for our farmers. leadership and his support when HUD with commercial fishing industries Although I am very pleased that Con- zeroed out funding for Maine’s home- may recall, in 1988, Congress passed the gress has restored income averaging for less programs. I am very grateful for Commercial Fishing Industry Vessel our Nation’s farmers, I do not believe his vision and leadership on issues of Safety Act. This act required lifesaving our fishermen should be left out in the

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4299 cold and excluded from using income day, that report concludes that Inter- (5) A viable enforcement mechanism averaging. The legislation that I intro- net industry self-regulation efforts must be established to safeguard con- duce today would restore fairness by have failed to protect adequately con- sumers’ privacy rights. extending income averaging to our sumer privacy. Accordingly, the report While the Internet industry argues fishermen as well as our farmers. calls for legislation that requires com- that the need for these protections are Parallel tax treatment for fishermen mercial web sites to comply with the premature, the threat to personal pri- and farmers is appropriate for many ‘‘four widely accepted fair information vacy posed by advances in technology reasons. Currently, unlike farmers, practices’’ of notice, consent, access, was anticipated twenty three years ago fishermen’s sole tax protection to han- and security. The legislation that we by the Privacy Protection Study Com- dle fluctuations in income are found in introduce today accomplishes just mission, which was created pursuant to the Tax Code’s net operating loss pro- that. the Privacy Act of 1974. In 1977, that visions. These provisions do not pro- On the Internet, many users unfortu- Commission reported to the Congress vide the tax benefits of income aver- nately are unaware of the significant and the federal government on the aging and are so complex in their com- amount of information they are surren- issue of privacy and technology. The putation that it often defies the ability dering every time they visit a web site. Commission’s portrait of the world in of any individual without a CPA after For many others, the fear of a loss of 1977 might well still be used today. his or her name. personal privacy on the Internet rep- That report found that society is in- Most importantly, both farm and resents the last hurdle impeding their creasingly dependant on ‘‘computer fishing income can fluctuate widely full embrace of this exciting and prom- based record keeping systems,’’ which from year to year due to a wide range ising new medium. Nonetheless, mil- result in a ‘‘rapidly changing world in of uncontrollable circumstances, in- lions of Americans every day utilize which insufficient attention is being cluding market prices, the weather the Internet and put their personal in- paid—by policy makers, system design- and, in the case of fishing, Government formation at risk. As the Washington ers, or system users—to the privacy restrictions. Post reported on May 17, 2000: protection implications of these I urge my colleagues to help our fish- The numbers tell the story. About 44.4 mil- trends.’’ The report went on to state ermen cope with the fluctuations in lion households will be online by the end of that even where some privacy protec- their income by restoring this impor- this year . . . up from 12.7 million in 1995, an tions exist under the law, ‘‘there is the increase of nearly 250 percent over five years. danger that personal privacy will be tant tax provision and by extending a Roughly 55 million Americans log into the safety tax credit to help protect them Internet on a typical day. . . . Industry ex- further eroded due to applications of from the hazards that their fishing pro- perts estimate that the amount of Internet new technology. Policy makers must fession entails. traffic doubles every 100 days. . . . These not be complacent about this potential. changes are not without a price. Along with The economic and social costs of incor- By Mr. HOLLINGS (for himself, wired life comes growing concern about in- porating privacy protection safeguards Mr. ROCKEFELLER, Mr. BRYAN, trusions into privacy and the ability to pro- into a record-keeping systems are al- Mr. BREAUX, Mr. INOUYE, Mr. tect identities online. ways greater when it is done retro- FEINGOLD, Mr. EDWARDS, Mr. As Internet use proliferates, there actively than when it is done at the KERREY, Mr. CLELAND, Mr. DUR- needs to be some regulation and en- system’s inception.’’ BIN, and Mr. BYRD): forcement to ensure pro-consumer pri- Today, twenty three years later, as S. 2606. A bill to protect the privacy vacy policies, particularly where the we enter what America Online chair- of American consumers; to the Com- collection, consolidation, and dissemi- man Steve Case calls the ‘‘Internet mittee on Commerce, Science, and nation of private, personal information Century,’’ the words of the Privacy Transportation. is so readily achievable in this digital Commission could not be more appro- THE CONSUMER PRIVACY PROTECTION ACT age. Indeed, advances in technology priate. Poll after poll indicates that Mr. HOLLINGS. Mr. President, I rise have provided information gatherers Americans fear that their privacy is today to introduce legislation to ad- the tools to seamlessly compile and en- not being sufficiently protected on the dress one of the most pressing prob- hance highly detailed personal his- Internet. Last September, the Wall St. lems facing American consumers tories of Internet users. Despite these Journal reported that Americans’ num- today—the constant assault on citi- indisputable facts, industry has to this ber one concern (measured at 29 per- zens’ privacy by the denizens of the pri- point nearly unanimously opposed even cent as we enter the 21st century was a vate marketplace. This legislation, the a basic regulatory framework that fear of a loss of personal privacy. Just Consumer Privacy Protection Act of would ensure the protection of con- two months ago, Business Week re- 2000, represents an attempt to provide sumer privacy on the Internet—a basic ported that 57 percent of Americans be- basic, widespread, and warranted pri- framework that has been successfully lieve that Congress should pass laws to vacy protections to consumers in both adopted in other areas of our economy. govern how personal information is Our bill gives customers, not compa- the online and offline marketplace. On collected and used on the Internet. nies, control over their personal infor- the Internet, our bill sets forth a regu- Moreover, a recent survey by the Fed- mation on the Internet. It accom- latory regime to ensure pro-consumer eral Trade Commission found that 87 plishes this goal by establishing in law privacy protections, coupling a strong the five basic tenets of the long-estab- percent of respondents are concerned federal standard with preemption of in- lished fair information practices stand- about threats to their privacy in rela- consistent state laws on Internet pri- ards—notice, consent, access, security, tion to their online usage. And, while vacy. We need a strong federal stand- and enforcement. The premise of these industry claims that self-regulation is ard to protect consumer privacy on- standards is simple: working, only 15 percent of those line, and we need preemption to ensure (1) Consumers should be given notice polled by Business Week believed that business certainty in the marketplace, of companies’ information practices the Government should defer to vol- given the numerous state privacy ini- and what they intend to do with peo- untary, industry-developed privacy tiatives that are currently pending. Off ple’s personal information. standards. the Internet, this bill extends privacy (2) Consumers should be given the op- Are these fears significant enough to protections that are already on the portunity to consent, or not to con- require federal action? Absolutely, par- books to similarly regulated industries sent, to those information practices. ticularly in light of predictions by peo- or business practices, and requires a (3) Consumers should be given the ple such as John Chambers, the CEO of broad examination of privacy practices right to access whatever information CISCO Systems, who forecasts that one in the traditional marketplace to help has been collected about them and to quarter of all global commerce will be Congress better understand whether correct that information where nec- conducted online by 2010. As the Pri- further regulation is appropriate. essary. vacy Commission stated a quarter of a The introduction of this legislation (4) Companies should be required to century ago, the ‘‘economic and social comes as the Federal Trade Commis- establish reasonable procedures to en- costs’’ of mandating pro-privacy pro- sion releases its eagerly awaited report sure that consumers’ personal informa- tections will be far lower now than on Internet Privacy. Released yester- tion is kept secure. when the Internet is handling twenty

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4300 CONGRESSIONAL RECORD — SENATE May 23, 2000 five percent of all global commerce. willing to pay a fee for such informa- Vista, a commonly used search portal Besides if John Chambers is right, the tion? Should online surfing habits that on the Internet, employs an ‘‘opt-in’’ Internet industry should embrace, identify consumer shopping activities approach. rather than resist, strong privacy poli- be merged with offline database infor- As if this evidence were not enough, cies. Simply put, strong privacy poli- mation already existing on a consumer we only need to look to the February cies represent good business. For exam- to form a highly detailed, intricate 24, 2000, article in TheStreet.Com enti- ple, a study conducted by Forrester Re- portrait of that individual? The answer tled, ‘‘DoubleClick Exec Says Privacy search in September 1999 revealed that to these questions most assuredly is Legislation Needn’t Crimp Results.’’ In e-commerce spending was deprived of no. And yet right now, there is no law, that article, a leading Internet execu- $2.8 billion in possible revenue last or regulation, that would prohibit tive from DoubleClick, the Internet’s year because of consumer fears over these objectionable practices. most well known banner advertiser, privacy. We are already seeing evidence of states that his company would not Indeed, the fears and concerns re- these practices in the marketplace ‘‘face an insurmountable problem’’ in flected in these analyses are borne out today. For example, on February 2, attempting to operate under strict pri- in study after study on the privacy 2000, the New York Times reported on a vacy rules. Complying with such rules practices—or lack thereof—of the com- study by the California HealthCare is ‘‘not rocket science,’’ the executive panies operating on the Internet. Last Foundation that concluded that ‘‘19 of stated, ‘‘it’s execution.’’ He went on to year, an industry commissioned study the top 21 health sites had privacy poli- state that his company could continue found that of the top 100 web sites, cies but . . . most failed to live up to to be successful under an ‘‘opt-in’’ reg- while 99 collect information about promises not to share information with ulatory regime. This is a phenomenal Internet users, only 22 comply with all third parties. . . . [N]one of the sites admission that ‘‘opt-in’’ policies would four of the core privacy principles of followed guidelines recommended by not impede the basic functionality and notice, choice, access, and security. A the Federal Trade Commission on col- commercial activity on the Internet. broader industry funded survey reports lection and use of personal data.’’ De- The admission is particularly stunning that only 10 percent of the top 350 Web spite these reports, industry continues given that it comes from a company sites implement all four of these pri- to insist that government wait and see, whose business model is to track con- vacy principles. This week, our Com- and let self-regulation and the market- sumer activities on the Internet so as mittee will hold a hearing to receive place protect against these articulable to target them with specific adver- the report of the Federal Trade Com- harms. We say that is like letting the tising. mission on its most recent analysis of fox guard the henhouse. Moreover, evidence in the market- the privacy policies of the Internet in- At the same time, we must not ig- place demonstrates that ‘‘opt-out’’ dustry. While the industry will claim nore those members of the industry policies will not always lead to full in- that they have made tremendous who at least place some importance on formed consumer choice. First of all, progress in their self-regulatory ef- protecting consumer privacy on the ‘‘opt-out’’ policies place the burden on forts, the FTC apparently, is not con- Internet. For example, in contrast to the consumer to take certain steps to vinced—finding in its report release most Internet and online service pro- protect the privacy of their personal yesterday that ‘‘only 20% of the busiest viders, American Online does not track information. Under an ‘‘opt-out’’ ap- sites on the World Wide Web imple- its millions of users when they venture proach, the incentive exists for indus- ment to some extent all four fair infor- on the Internet and out of AOL’s pro- try to develop privacy policies that dis- mation practices in their privacy dis- prietary network. In addition, IBM— courage people from opting out. The closures. Even when only Notice and while opposing federal legislation—re- policies will be longer, harder to read, Choice are considered, fewer than half fuses to advertise on Internet sites and the actual ‘‘opt-out’’ option will of the sites surveyed (41%) meet the that do not possess and post a clear often be buried under hundreds, if not relevant standards.’’ This record indi- privacy policy. These are the types of thousands of words of text. Consider cates that we should begin to consider practices that government welcomes. the recent article in USA Today on passing pro-consumer privacy legisla- Unfortunately, they are far and few this very issue. Entitled, ‘‘Privacy isn’t tion this year. The public is clamoring between. Public Knowledge,’’ this May 1, 2000, for it, the studies justify it, and the po- As a result, the time has come to per- article outlines the difficulty con- tential harm from inaction is simply mit consumers to decide for themselves sumers have in opting out of the infor- too great. whether, and to what extent, they de- mation collection practices of Internet It is worth noting that advocates of sire to permit commercial entities ac- companies. While consumers may be self-regulation often claim that the cess to their personal information. In- informed if they actually locate and collection and use of consumer infor- dustry will argue that this is an ag- read the company’s privacy policy that mation actually enhances the con- gressive approach. They will assert they are likely to be ‘‘tracked by name sumer experience on the Internet. that at most, Congress should give cus- . . . only with [their] ‘permission,’ ’’ While there may be some truth to that tomers the right to ‘‘opt-in’’ only with they may not be informed up front that claim, many Internet users do not respect to those information practices it is assumed that they have granted want companies to target them with deemed to be ‘‘sensitive’’—such as the such permission unless they ‘‘opt-out.’’ marketing based on their personal gathering of information regarding Moreover, to get through the hundreds shopping habits. Those individuals health, financial, ethnic, religious, or of words of required reading to find the should be given control over whether other particularly private areas. The ‘‘opt-out’’ option, it turns out, accord- and how their personal information is problem with this suggestion is that it ing to this article, that you need a used via an ‘‘opt-in’’ mechanism. More- leaves it up to Congress and industry graduate level or college education over, even those consumers who tar- lawyers and lobbyists to define what is reading ability to simply comprehend geted marketing and want to ‘‘opt-in’’ in fact ‘‘sensitive’’ for individual con- the policies in the first place. Accord- to those practices, may not be willing sumers. ing to FTC Chairman Robert Pitofsky, to accept what happens to their infor- A better approach is to give con- ‘‘Some sites bury your rights in a long mation after it is used for this alleg- sumers an ‘‘opt-in’’ right to control ac- page of legal jargon so it’s hard to find edly benign purpose. cess to all personally identifiable infor- them hard to understand them once For example, should it be acceptable mation that might be collected online. you find them. Self-regulation that business behavior to sell, rent, share, This approach allows consumers to creates opt-out rights that cannot be or loan a historical record of a cus- make their own, personal, and subjec- found [or] understood is really not an tomers tobacco purchasing habits to an tive determination as to what they do acceptable form of consumer protec- insurance company. Should an Internet or don’t want known about them by tion.’’ One thing is clear from this arti- user’s surfing habits—including fre- the companies with which they inter- cle—‘‘self-regulation’’ is not working. quent visits to AIDS or diabetes, or act. If industry is right that most peo- We know, however, that some compa- other sensitive health-related websites ple want targeted advertising, then nies do not collect personal informa- be revealed to prospective employers most people will opt-in. Indeed, Alta tion on the Internet. For example,

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4301 some banner advertisers target their stituents in their individual states. ly. Finally, the legislation would clar- messages and ads to computers but not And, while the legislation would pre- ify that personal information could not to people individually. They do this by empt inconsistent state law, citizens be deemed an asset if the company tracking the Internet activity of a par- would be free to avail themselves of holding that information avails itself ticular Internet Protocol address, with- other applicable remedies such as of the protection of our bankruptcy out ever knowing who exactly is behind fraud, contractual breach, unjust en- laws. that address. Thus, they can never richment, or emotional distress. Fi- The development of a strong and share personal information about a nally, the bill would permit individual comprehensive privacy regime must consumer’s preferences, shopping, or consumers to bring a private right of also address the security of Internet- research habits online, because they action to enjoin Internet privacy viola- connected computers. This month, the don’t know who that consumer is. Ac- tions. world was bitten by the ‘‘love bug,’’ a cording to the chief technology officer While rules are clearly needed to pro- computer virus that devastated com- of Engage—a prominent banner adver- tect consumer privacy on the Internet, puter systems in more than 20 coun- tiser—‘‘We don’t need to know who we recognize that information is col- tries and caused an estimated $10 bil- someone is to make the [online] experi- lected and shared in the traditional lion in damages. One of the features of ence relevant. We’re trying to strike marketplace as well. The rate of collec- the ‘‘love bug’’ was an attempt to steal this balance between the consumer’s tion, however, and the intrusiveness of passwords stored on an infected hard drive for later use. If successful, the need for privacy and the marketer’s the monitoring is nowhere near as sig- virus-writer could have gained access need to be effective in order to sustain nificant as it is online. For example, to thousands of Internet access ac- a free Internet.’’ Such a business prac- when a consumer shops in a store in a counts. The spread of the virus high- tice is an example of marketplace mall and browses through items with- lighted the vulnerability of inter- forces providing better privacy protec- out purchasing anything, no one makes a list of his or her every move. To the connected computer systems to mali- tion and my legislation recognizes cious persons intent on disrupting or that. Accordingly, if companies are contrary, on the Internet, every browse, observation, and individual compromising legitimate use of these only collecting and using non-personal systems. information online they could comply click of the mouse may be surrep- titiously monitored. Notwithstanding The development of technology, poli- with this bill by providing consumers cies, and expertise to effectively pro- this distinction, it may be appropriate with an ‘‘opt-out,’’ rather than an opt- tect a computer system from illegit- at some time to develop privacy pro- in option. imate users is a cornerstone of privacy tections for the general marketplace, Under this legislation, companies protection because a privacy policy is in addition to those set forth in this would be required to provide updates to worthless if the company cannot ade- consumers notifying them of changes bill for the Internet. That is why our quately secure that information and to their privacy policies. Companies bill asks the FTC to conduct an ex- control its dissemination. While it would also be prohibited from using in- haustive study of privacy issues in the would be impossible for the Federal formation that had been collected general marketplace and report to the government to protect every web site under a prior privacy policy, if such Congress as to what rules and regula- from every threat, it can help users use did not comport with that prior tions, if any, may be necessary to pro- and operators of web sites by research- policy and if the consumer had not tect consumers. ing and developing better computer se- granted consent to the new practices. We are also learning that employers curity technologies and practices. In addition, the bill would provide are increasingly monitoring their em- Therefore, I have included a title on permanence to a consumer’s decision ployees—both in and out of the work- computer security in this bill. to grant or withhold consent, and allow place—on the phone, on the computer, This title of the bill is an attempt to the effect of that decision to be altered and in their daily activities on the job. promote and enhance the protection of only by the consumer. Consequently, While employees may be justified in computers connected to the Internet. companies would not be permitted to taking steps to ensure that their work- First, the bill would establish a 25- let their customer’s privacy pref- ers are productive and efficient, such member computer security partnership erences expire, thereby requiring con- monitoring raises implications for council. This council would build on sumers to reaffirm their prior commu- those workers’ privacy. Accordingly, the public-private partnership proposed nication as to how they want their per- this legislation directs the Department in the wake of February’s denial of sonal information handled. of Labor to conduct a study of privacy service attacks which shut down lead- Unfortunately, many privacy viola- issues in the workplace, and report to ing e-commerce sites like Yahoo! and tions are often unknown by the very Congress as to what—if any—regula- E-bay. The council would identify consumers whose privacy has been vio- tions may be necessary to protect threats and help companies share solu- lated. Therefore, the legislation would worker privacy. tions. It would be a major source of provide whistleblower protection to Additionally, the legislation extends public information on computer secu- employees of companies who come for- some existing privacy protections that rity and could help educate the general ward with evidence of privacy viola- we already know are working in the public and businesses on good com- tions. offline marketplace. For example, the puter protection practices. In addition, In order to enforce these consumer bill would extend the privacy protec- our bill calls on the Council to identify protections, our bill would call upon tions consumers enjoy while shopping areas in which we have not invested the Federal Trade Commission to im- in video stores to book and record adequately in computer security re- plement and enforce the provisions of stores, as well as to the digital delivery search. This study could be a blueprint the legislation applicable to the Inter- of those products. The bill would also for future research investments. net. The FTC is the sole federal agency extend the privacy protections we put While the private sector has put sig- with substantial expertise in this area. forth in the Cable Act of 1984 to cus- nificant resources into computer secu- Not only has the FTC conducted exten- tomers who subscribe to multichannel rity research, the President’s Informa- sive studies on Internet privacy and video programming services via sat- tion Technology Advisory Council has profiling on the Internet in recent ellite. And, the legislation would cod- noted that current information tech- years, but it recently concluded a com- ify the Federal Communications Com- nology research is often focused on the prehensive rulemaking to implement mission’s CPNI rules, to provide pri- short-term and neglects long-term fun- the fair information practice of notice, vacy protection to telephone cus- damental problems. This bill would au- consent, access, and security, as re- tomers. The bill would also ask the thorize appropriations for the National quired by the Childrens Online Privacy Federal Communications Commission Institute of Standards and Technology Protection Act (COPPA), which we en- to harmonize existing privacy rules to invest in long-term computer secu- acted in 1998. that apply to disparate communica- rity research needs. This research In addition, the legislation provides tions technologies so that the personal would complement private sector, mar- the attorneys general with the ability privacy of subscribers to all commu- ket-driven research and could be con- to enforce the bill on behalf of con- nications services are protected equal- ducted at NIST or through grants to

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4302 CONGRESSIONAL RECORD — SENATE May 23, 2000 academic or private-sector researchers. There being no objection, the bill was creasingly efficient and effortless due to ad- The results of these investigations ordered to be printed in the RECORD, as vances in digital communications tech- could power the next generation of ad- follows: nology which have provided information vanced computer security tech- gatherers the ability to seamlessly compile S. 2606 highly detailed personal histories of Internet nologies. Be it enacted by the Senate and House of Rep- users. Of course those technologies will not resentatives of the United States of America in (16) Consumers must have— protect government, or companies and Congress assembled, (A) clear and conspicuous notice that in- their customers, unless there are well- SECTION 1. SHORT TITLE. formation is being collected about them; trained professionals to operate and se- This Act may be cited as the ‘‘Consumer (B) clear and conspicuous notice as to the cure computer systems. The problem is Privacy Protection Act’’. information gatherer’s intent with respect to particularly acute for the Federal gov- SEC. 2. FINDINGS. that information; ernment. According to a May 10th The Congress makes the following findings: (C) the ability to control the extent to Washington Post article, the Federal (1) The right to privacy is a personal and which information is collected about them; government will need to replace or hire fundamental right worthy of protection and through appropriate legislation. (D) the right to prohibit any unauthorized more than 35,000 high-tech workers by use, reuse, disclosure, transfer, or sale of (2) Consumers engaging in and interacting the year 2006. The last time I checked, their information. with companies engaged in interstate com- the same people who could fill those (17) Fair information practices include pro- merce have an ownership interest in their government positions are in high de- viding consumers with knowledge of any personal information, as well as a right to data collection clear and conspicuous notice mand from Silicon Valley and the Dul- control how that information is collected, of an entity’s information practices, the les Corridor companies, among other. used, or transferred. ability to control whether or not those prac- Until the government is able to offer (3) Existing State, local, and Federal laws tices will be applied to them personally, ac- stock options, we will continue to provide virtually no privacy protection for cess to information collected about them, Internet users. struggle to fill these positions. Our bill and safeguards to ensure the integrity and would establish an ROTC-like program (4) Moreover, existing privacy regulation security of that information. to train computer security profes- of the general, or offline, marketplace pro- (18) Recent surveys of websites conducted sionals for government service. In ex- vides inadequate consumer protections in by the Federal Trade Commission and change for loans or grants to complete light of the significant data collection and Georgetown University found that a small dissemination practices employed today. an undergraduate or graduate degree in minority of websites surveyed contained a (5) The Federal government thus far has privacy policy embodying fair information computer security, a student would be eschewed general Internet privacy laws in required to work for the government practices such as notice, choice, access, and favor of industry self-regulation, which has security. for a certain number of years. This led to several self-policing schemes, none of (19) Americans expect that their purchases would allow students to get high-qual- which are enforceable in any meaningful way of written materials, videos, and music will ity computer security training, to or provide sufficient consumer protection. remain confidential, whether they are shop- serve as a Federal employee for a short (6) State governments have been reluctant ping online or in the traditional workplace. time, and then, if they desire, to enter to enter the field of Internet privacy regula- (20) Consumer privacy with respect to writ- the private sector job market. tion because use of the Internet often crosses ten materials, music, and movies should be This legislation would also push the State, or even national, boundaries. protected vigilantly to ensure the free exer- (7) States are nonetheless interested in government to get its house in order cise of First Amendment rights of expres- providing greater privacy protection to their sion, regardless of medium. and become an example for good com- citizens as evidenced by recent lawsuits (21) Under current law, millions of Amer- puter security practices. It proposes in- brought against offline and online companies ican cable customers are protected against creased scrutiny of government secu- by State attorneys general to protect con- disclosures of their personal subscriber infor- rity practices and would establish an sumer privacy. mation without notice and choice, whereas Award for Quality of Government Se- (8) Personal information flowing over the no similar protection is available to sub- curity Practices to recognize agencies Internet requires greater privacy protection scribers of multichannel video programming and departments which have excellent than is currently available today. Vast via satellite. amounts of personal information about indi- policies and processes to protect their (22) Almost every American is a consumer vidual Internet users are collected on the of some form of communications service, be computer systems. The criteria for this Internet and sold or otherwise transferred to it wireless, wireline, cable, broadcast, or award will be published by the Na- third parties. satellite. tional Institute of Standards and Tech- (9) Poll after poll consistently dem- (23) In light of the convergence of and nology (NIST) and should encourage onstrates that individual Internet users are emerging competition among and between government to improve security on its highly troubled over their lack of control wireless, wireline, satellite, broadcast, and systems. In addition, these criteria over their personal information. cable companies, privacy safeguards should could become a model for computer se- (10) Research on the Internet industry be applied uniformly across different com- curity professionals inside and outside demonstrates that consumer concerns about munications media so as to provide con- their privacy on the Internet has a correl- sistent consumer privacy protections as well the government. ative negative impact on the development of as a level competitive playing field for Finally, the bill would tie research e-commerce. industry. and theory to meaningful, on-the- (11) Notwithstanding these concerns, the (24) Notwithstanding the recent focus on ground protections for Internet users. Internet is becoming a major part of the per- Internet privacy, privacy issues abound in The bill calls on NIST to encourage sonal and commercial lives of millions of the traditional, or offline, marketplace that and support the development of soft- Americans, providing increased access to in- merit Federal attention. ware standards that would allow users formation, as well as communications and (25) The Congress would benefit from an ex- to set up an individual privacy regime commercial opportunities. haustive analysis of general marketplace at the outset and have those pref- (12) It is important to establish personal privacy issues conducted by the agency with erences follow them—without further privacy rights and industry obligations now the most expertise in this area, the Federal so that consumers have confidence that their Trade Commission. intervention—as they surf the web. personal privacy is fully protected on our (26) While American workers are growing This bill asks a lot of private compa- Nation’s telecommunications networks and increasingly concerned that their employers nies in protecting the personally-iden- on the Internet. may be violating their privacy, many work- tifiable information of American citi- (13) The social and economic costs of im- ers are unaware that their activities in the zens. It would be wrong for the Con- posing obligations on industry now will be workplace may be subject to significant and gress not to apply the same standard to lower than if Congress waits until the Inter- potentially invasive monitoring. itself as well. Title IX of the bill calls net becomes more prevalent in our everyday (27) While employers may have a legiti- for the development of Senate and lives in coming years. mate need to maintain an efficient and pro- House rules on protecting the privacy (14) Absent the recognition of these rights ductive workforce, that need should not im- of information obtained through offi- and the establishment of consequent indus- properly impinge on employee privacy rights try responsibilities to safeguard those rights, in the workplace. cial web sites. consumer privacy will soon be more gravely (28) Databases containing personal infor- Mr. President, I ask unanimous con- threatened. mation about consumers’ commercial pur- sent that the text of the Consumer Pri- (15) The ease of gathering and compiling chasing, browsing, and shopping habits, as vacy Protection Act be printed in the personal information on the Internet, both well as their generalized product preferences, RECORD. overtly and surreptitiously, is becoming in- represent considerable commercial value.

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(29) These databases should not be consid- Sec. 702. Computer Security Partnership (e) NOTICE OF POLICY CHANGE.—Whenever ered an asset with respect to creditors’ inter- Council. an Internet service provider, online service ests if the asset holder has availed itself of Sec. 703. Research and development. provider, or operator of a commercial the protection of State or Federal bank- Sec. 704. Computer security training pro- website makes a material change in its pol- ruptcy laws. grams. icy for the collection, use, or disclosure of SEC. 3. PREEMPTION OF INCONSISTENT STATE Sec. 705. Government information security personally identifiable information, it— LAW OR REGULATIONS. standards. (1) shall notify all users of that service or (a) IN GENERAL.—Except as provided in Sec. 706. Recognition of quality in computer website of the change in policy; and subsection (b), this Act preempts any State security practices. (2) may not collect, disclose, or otherwise law, regulation, or rule that is inconsistent Sec. 707. Development of automated privacy use any personally identifiable information with the provisions of this Act. controls. in accordance with the changed policy unless (b) EXCEPTIONS.— Title VIII—Congressional Information Secu- the user has affirmatively consented, under (1) IN GENERAL.—Nothing in this Act pre- rity Standards. subsection (b), to its collection, disclosure, or use in accordance with the changed empts— Sec. 801. Exercise of rulemaking power. policy. (1) the law of torts in any State; Sec. 802. Senate. (2) the common law in any State; or (f) NOTICE OF PRIVACY BREACH.— (3) any State law, regulation, or rule that Title IX—Definitions (1) IN GENERAL.—If an Internet service pro- prohibits fraud or provides a remedy for Sec. 901. Definitions. vider, online service provider, or operator of fraud. TITLE I—ONLINE PRIVACY a commercial website commits a breach of privacy with respect to the personally iden- (2) PRIVATE RIGHT-OF-ACTION.—Notwith- SEC. 101. COLLECTION OR DISCLOSURE OF PER- standing subsection (a), if a State law pro- SONALLY IDENTIFIABLE INFORMA- tifiable information of a user, then it shall, vides for a private right-of-action under a TION. as soon as reasonably possible, notify all statute enacted to provide consumer protec- An Internet service provider, online serv- users whose personally identifiable informa- tion, nothing in this Act precludes a person ice provider, or operator of a commercial tion was affected by that breach. The notice from bringing such an action under that website on the Internet may not collect, use, shall describe the nature of the breach and statute, even if the statute is otherwise pre- or disclose personally identifiable informa- the steps taken by the provider or operator empted in whole or in part under subsection tion about a user of that service or website to remedy it. (a). except in accordance with the provisions of (2) BREACH OF PRIVACY.—For purposes of SEC. 4. TABLE OF CONTENTS. this title. paragraph (1), an Internet service provider, online service provider, or operator of a com- The table of contents of this Act is as SEC. 102. NOTICE, CONSENT, ACCESS, AND SECU- follows: RITY REQUIREMENTS. mercial website commits a breach of privacy with respect to personally identifiable infor- Sec. 1. Short title. (a) NOTICE.—An Internet service provider, online service provider, or operator of a com- mation of a user if— Sec. 2. Findings. (A) it collects, discloses, or otherwise uses Sec. 3. Preemption of inconsistent State law mercial website may not collect personally identifiable information from a user of that personally identifiable information in viola- or regulations. tion of any provision of this title; or Sec. 4. Table of contents. service or website unless that provider or op- (B) it knows that the security, confiden- Title I—Online Privacy erator gives clear and conspicuous notice in a manner reasonably calculated to provide tiality, or integrity of personally identifi- Sec. 101. Collection or disclosure of person- actual notice to any user or prospective user able information is compromised by any act ally identifiable information. that personally identifiable information may or failure to act on the part of the provider Sec. 102. Notice, consent, access, and secu- be collected from that user. The notice shall or operator or by any function of the Inter- rity requirements. disclose— net service or online service provided, or Sec. 103. Other kinds of information. commercial website operated, by that pro- Sec. 104. Exceptions. (1) the specific information that will be collected; vider or operator that resulted in a disclo- Sec. 105. Permanence of consent. sure, or possible disclosure, of that informa- Sec. 106. Disclosure to law enforcement agen- (2) the methods of collecting and using the information collected; and tion. cy or under court order. (g) APPLICATION TO CERTAIN THIRD-PARTY (3) all disclosure practices of that provider Sec. 107. Effective date. OPERATORS.—The provisions of this section or operator for personally identifiable infor- Sec. 108. FTC rulemaking procedure applicable to Internet service providers, on- mation so collected, including whether it required. line service providers, and commercial will be disclosed to third parties. Title II—Privacy Protection for Consumers website operators apply to any third party, (b) CONSENT.—An Internet service provider, of Books, Recorded Music, and including an advertiser, that uses that serv- online service provider, or operator of a com- Videos ice or website to collect information about mercial website may not— users of that service or website. Sec. 201. Extension of video rental protec- (1) collect personally identifiable informa- SEC. 103. OTHER KINDS OF INFORMATION. tions to books and recorded tion from a user of that service or website, music. (a) IN GENERAL.—Except as provided in or subsection (b), the provisions of sections 101 Sec. 202. Effective Date. (2) except as provided in section 107, dis- Title III—Enforcement and Remedies and 102 (except for subsections (b), (c), and close or otherwise use such information (e)(2)) that apply to personally identifiable Sec. 301. Enforcement. about a user of that service or website, information apply also to the collection and Sec. 302. Violation is unfair or deceptive act unless the provider or operator obtains that disclosure or other use of information about or practice. user’s affirmative consent, in advance, to the users of an Internet service, online service, Sec. 303. Private right of action. collection and disclosure or use of that or commercial website that is not personally Sec. 304. Actions by States. information. identifiable information. Sec. 305. Whistleblower protection. (c) ACCESS.—An Internet service provider, (b) CONSENT RULE.—An Internet service Sec. 306. No effect on other remedies. online service provider, or operator of a com- provider, online service provider, or operator Sec. 307. FTC Office of Online Privacy. mercial website shall— of a commercial website may not— Title IV—Communications Technology Pri- (1) upon request provide reasonable access (1) collect information described in sub- vacy Protections to a user to personally identifiable informa- section (a) from a user of that service or Sec. 401. Privacy protection for subscribers tion that the provider or operator has col- website, or of satellite television services lected after the effective date of this title re- (2) except as provided in section 107, dis- for private home viewing. lating to that user; close or otherwise use such information Sec. 402. Customer proprietary network (2) provide a reasonable opportunity for a about a user of that service or website, information. user to correct, delete, or supplement any unless the provider or operator obtains that Title V—Rulemaking and Studies such information maintained by that pro- user’s consent to the collection and disclo- Sec. 501. Federal Trade Commission exam- vider or operator; and sure or other use of that information. For ination. (3) make the correction or supplementary purposes of this subsection, the user will be Sec. 502. Federal Communications Commis- information a part of that user’s personally deemed to have consented unless the user ob- sion rulemaking. identifiable information for all future disclo- jects to the collection and disclosure or Sec. 503. Department of Labor study of pri- sure and other use purposes. other use of the information. vacy issues in the workplace. (d) SECURITY.—An Internet service pro- (c) APPLICATION TO CERTAIN THIRD-PARTY vider, online service provider, or operator of OPERATORS.—The provisions of this section Title VI—Protection of Personally Identifi- a commercial website shall establish and applicable to Internet service providers, on- able Information in Bankruptcy maintain reasonable procedures necessary to line service providers, and commercial Sec. 601. Personally identifiable information protect the security, confidentiality, and in- website operators apply to any third party, not asset in bankruptcy. tegrity of personally identifiable informa- including an advertiser, that uses that serv- Title VII—Internet Security Initiatives. tion maintained by that provider or oper- ice or website to collect information about Sec. 701. Findings. ator. users of that service or website.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4304 CONGRESSIONAL RECORD — SENATE May 23, 2000 SEC. 104. EXCEPTIONS. an order pursuant to this subsection, on a a person as having requested or obtained spe- (a) IN GENERAL.—Sections 102 and 103 do motion made promptly by the Internet serv- cific video materials or services, specific not apply to the collection, disclosure, or use ice provider, online service provider, or oper- books, magazines, or other written or print- by an Internet service provider, online serv- ator of the commercial website, may quash ed materials, or specific recorded music. ice provider, or operator of a commercial or modify such order if the information or ‘‘(6) The term ‘video provider’ means any website of information about a user of that records requested are unreasonably volumi- person engaged in the business, in or affect- service or website— nous in nature or if compliance with such ing interstate or foreign commerce, of rent- (1) to protect the security or integrity of order otherwise would cause an unreasonable al, sale, or delivery of recorded videos, re- the service or website; or burden on the provider or operator. gardless of the format in which, or medium (2) to conduct a transaction, deliver a prod- SEC. 107. EFFECTIVE DATE. on which they are recorded, or similar audio- uct or service, or complete an arrangement (a) IN GENERAL.—This title takes effect visual materials, or any person or other enti- for which the user provided the information. after the Federal Trade Commission com- ty to whom a disclosure is made under sub- (b) DISCLOSURE TO PARENT PROTECTED.—An pletes the rulemaking procedure under sec- paragraph (D) or (E) of subsection (b)(2), but Internet service provider, online service pro- tion 109. only with respect to the information con- vider, or operator of a commercial website (b) APPLICATION TO PRE-EXISTING DATA.— tained in the disclosure. may not be held liable under this title, any (1) IN GENERAL.—After the effective date of ‘‘(b) VIDEO, BOOK, OR RECORDED MUSIC other Federal law, or any State law for any this title, and except as provided in para- RENTAL, SALE, OR DELIVERY.— disclosure made in good faith and following graphs (2) and (3), sections 101, 102, and 103 ‘‘(1) IN GENERAL.—A video provider, book reasonable procedures in responding to a re- apply to information collected before the dealer, or recorded music dealer who know- quest for disclosure of personal information date of enactment of this Act. ingly discloses, to any person, personally under section 1302(b)(1)(B)(iii) of the Chil- (2) COLLECTION OF BOTH KINDS OF INFORMA- identifiable information concerning any con- dren’s Online Privacy Protection Act of 1998 TION.—Section 102(b)(1) and 103(b)(1) do not sumer of such provider or seller, as the case to the parent of a child. apply to information collected before the ef- may be, shall be liable to the aggrieved per- son for the relief provided in subsection (d). SEC. 105. PERMANENCE OF CONSENT. fective date of this title. (3) ACCESS TO PERSONALLY IDENTIFIABLE IN- ‘‘(2) DISCLOSURE.—A video provider, book The consent or denial of consent by a user dealer, or recorded music dealer may dis- of permission to an Internet service provider, FORMATION.—Section 102(c) applies to person- ally identifiable information collected before close personally identifiable information online service provider, or operator of a com- concerning any consumer— mercial website to collect, disclose, or other- the effective date of this title unless it is economically unfeasible for the Internet ‘‘(A) to the consumer; wise use any information about that user for ‘‘(B) to any person with the informed, writ- which consent is required under this title— service provider, online service provider, or commercial website operator to comply with ten consent of the consumer given at the (1) shall remain in effect until changed by time the disclosure is sought; that section for the information. the user; ‘‘(C) to a law enforcement agency pursuant (2) except as provided in section 102(e), SEC. 108. FTC RULEMAKING PROCEDURE RE- to a warrant issued under the Federal Rules QUIRED. shall apply to any revised, modified, new, or of Criminal Procedure, an equivalent State improved service provided by that provider The Federal Trade Commission shall ini- tiate a rulemaking procedure within 90 days warrant, or a court order issued in accord- or operator to that user; and ance with paragraph (4); (3) except as provided in section 102(e), after the date of enactment of this Act to implement the provisions of this title. Not- ‘‘(D) to any person if the disclosure is sole- shall apply to the collection, disclosure, or ly of the names and addresses of consumers withstanding any requirement of chapter 5 of other use of that information by any entity and if— title 5, United States Code, the Commission that is a commercial successor of that pro- ‘‘(i) the video provider, book dealer, or re- shall complete the rulemaking procedure not vider or operator, without regard to the legal corded music dealer, as the case may be, has later than 270 days after it is commenced. form in which such succession was accom- provided the consumer, in a clear and con- plished. TITLE II—PRIVACY PROTECTION FOR spicuous manner, with the opportunity to SEC. 106. DISCLOSURE TO LAW ENFORCEMENT CONSUMERS OF BOOKS, RECORDED prohibit such disclosure; and AGENCY OR UNDER COURT ORDER. MUSIC, AND VIDEOS ‘‘(ii) the disclosure does not identify the (a) IN GENERAL.—Notwithstanding any SEC. 201. EXTENSION OF VIDEO RENTAL PROTEC- title, description, or subject matter of any other provision of this title, an Internet TIONS TO BOOKS AND RECORDED video or other audio-visual material, books, service provider, online service provider, op- MUSIC. magazines, or other printed material, or re- erator of a commercial website, or third (a) IN GENERAL.—Section 2710 of title 18, corded music; party that uses such a service or website to United States Code, is amended by striking ‘‘(E) to any person if the disclosure is inci- collect information about users of that serv- the section designation and all that follows dent to the ordinary course of business of the ice or website may disclose personally iden- through the end of subsection (b) and insert- video provider, book dealer, or recorded tifiable information about a user of that ing the following: music dealer; or service or website— ‘‘§ 2710. Wrongful disclosure of information ‘‘(F) pursuant to a court order, in a civil (1) to a law enforcement agency in re- about video, book, or recorded music rent- proceeding upon a showing of compelling sponse to a warrant issued under the Federal al, sale, or delivery need for the information that cannot be ac- Rules of Criminal Procedure, an equivalent ‘‘(a) DEFINITIONS.—In this section: commodated by any other means, if— State warrant, or a court order issued in ac- ‘‘(1) The term ‘book dealer’ means any per- ‘‘(i) the consumer is given reasonable no- cordance with subsection (c); and son engaged in the business, in or affecting tice, by the person seeking the disclosure, of (2) in response to a court order in a civil interstate or foreign commerce, of renting, the court proceeding relevant to the issuance proceeding granted upon a showing of com- selling, or delivering books, magazines, or of the court order; and pelling need for the information that cannot other written or printed material (regardless ‘‘(ii) the consumer is afforded the oppor- be accommodated by any other means if— of the format or medium), or any person or tunity to appear and contest the claim of the (A) the user to whom the information re- other entity to whom a disclosure is made person seeking the disclosure. lates is given reasonable notice by the per- under subparagraph (D) or (E) of subsection ‘‘(3) SAFEGUARDS.—If an order is granted son seeking the information of the court pro- (b)(2), but only with respect to the informa- pursuant to subparagraph (C) or (F) of para- ceeding at which the order is requested; and tion contained in the disclosure. graph (2), the court shall impose appropriate (B) that user is afforded a reasonable op- ‘‘(2) The term ‘recorded music dealer’ safeguards against unauthorized disclosure. portunity to appear and contest the issuance means any person, engaged in the business, ‘‘(4) COURT ORDERS.—A court order author- of requested order or to narrow its scope. in or affecting interstate or foreign com- izing disclosure under paragraph (2)(C) shall (b) SAFEGUARDS AGAINST FURTHER DISCLO- merce, of selling, renting, or delivering re- issue only with prior notice to the consumer SURE.—A court that issues an order described corded music, regardless of the format in and only if the law enforcement agency in subsection (a) shall impose appropriate which or medium on which it is recorded, or shows that there is probable cause to believe safeguards on the use of the information to any person or other entity to whom a disclo- that a person has engaged, is engaging, or is protect against its unauthorized disclosure. sure is made under subparagraph (D) or (E) about to engage in criminal activity and (c) COURT ORDERS.—A court order author- of subsection (b)(2), but only with respect to that the records or other information sought izing disclosure under subsection (a)(1) may the information contained in the disclosure. are material to the investigation of such ac- issue only with prior notice to the user and ‘‘(3) The term ‘consumer’ means any tivity. In the case of a State government au- only if the law enforcement agency shows renter, purchaser, or user of goods or serv- thority, such a court order shall not issue if that there is probable cause to believe that ices from a video provider, book dealer, or prohibited by the law of such State. A court the user has engaged, is engaging, or is about recorded music dealer. issuing an order pursuant to this subsection, to engage in criminal activity and that the ‘‘(4) The term ‘ordinary course of business’ on a motion made promptly by the video pro- records or other information sought are ma- means only debt-collection activities, order vider, book dealer, or recorded music dealer, terial to the investigation of such activity. fulfillment, request processing, and the may quash or modify such order if the infor- In the case of a State government authority, transfer of ownership. mation or records requested are unreason- such a court order shall not issue if prohib- ‘‘(5) The term ‘personally identifiable in- ably voluminous in nature or if compliance ited by the law of such State. A court issuing formation’ means information that identifies with such order otherwise would cause an

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In priate jurisdiction to— (1) Subsections (c) through (f) of section addition to its powers under any provision of (A) enjoin that practice; 2701 of title 18, United States Code, are law specifically referred to in subsection (b), (B) enforce compliance with the rule; amended by striking ‘‘video tape service pro- each of the agencies referred to in that sub- (C) obtain damage, restitution, or other vider’’ each place it appears and inserting section may exercise, for the purpose of en- compensation on behalf of residents of the ‘‘video provider’’. forcing compliance with any requirement State; or (2) The item relating to section 2701 in the imposed under title I of this Act, any other (D) obtain such other relief as the court analysis for chapter 121 of title 18, United authority conferred on it by law. may consider to be appropriate. States Code, is amended to read as follows: (d) ACTIONS BY THE COMMISSION.—The Com- (2) NOTICE.— ‘‘2710. Wrongful disclosure of information mission shall prevent any person from vio- (A) IN GENERAL.—Before filing an action about video, book, or recorded lating title I in the same manner, by the under paragraph (1), the attorney general of music rental or sales.’’. same means, and with the same jurisdiction, the State involved shall provide to the Com- SEC. 202. EFFECTIVE DATE. powers, and duties as though all applicable mission— The amendments made by section 201 take terms and provisions of the Federal Trade (i) written notice of that action; and effect 12 months after the date of enactment Commission Act (15 U.S.C. 41 et seq.) were (ii) a copy of the complaint for that action. of this Act. incorporated into and made a part of this (B) EXEMPTION.— TITLE III—ENFORCEMENT AND REMEDIES Act. Any entity that violates any provision (i) IN GENERAL.—Subparagraph (A) shall of that title is subject to the penalties and not apply with respect to the filing of an ac- SEC. 301. ENFORCEMENT. entitled to the privileges and immunities tion by an attorney general of a State under Except as provided in section 302(b) and provided in the Federal Trade Commission this subsection, if the attorney general de- section 2710(d) of title 18, United States Act in the same manner, by the same means, termines that it is not feasible to provide the Code, this Act shall be enforced by the Fed- and with the same jurisdiction, power, and notice described in that subparagraph before eral Trade Commission. Except as otherwise duties as though all applicable terms and the filing of the action. provided in this Act, a violation of this Act provisions of the Federal Trade Commission (ii) NOTIFICATION.—In an action described may be punished in the same manner as a Act were incorporated into and made a part in clause (i), the attorney general of a State violation of a regulation of the Federal of that title. shall provide notice and a copy of the com- Trade Commission. (e) EFFECT ON OTHER LAWS.— plaint to the Commission at the same time SEC. 302. VIOLATION IS UNFAIR OR DECEPTIVE (1) PRESERVATION OF COMMISSION AUTHOR- as the attorney general files the action. ACT OR PRACTICE. ITY.—Nothing contained in this title shall be (b) INTERVENTION.— (a) IN GENERAL.—The violation of any pro- construed to limit the authority of the Com- (1) IN GENERAL.—On receiving notice under vision of title I is an unfair or deceptive act mission under any other provision of law. subsection (a)(2), the Commission shall have or practice proscribed by section 18(a)(1)(B) (2) RELATION TO COMMUNICATIONS ACT.— the right to intervene in the action that is of the Federal Trade Commission Act (15 Nothing in title I requires an operator of a the subject of the notice. U.S.C. 57a(a)(1)(B)). website or online service to take any action (2) EFFECT OF INTERVENTION.—If the Com- (b) ENFORCEMENT BY CERTAIN OTHER AGEN- that is inconsistent with the requirements of mission intervenes in an action under sub- CIES.—Compliance with title I of this Act shall be enforced under— section 222 or 631 of the Communications Act section (a), it shall have the right— (1) section 8 of the Federal Deposit Insur- of 1934 (47 U.S.C. 222 or 551, respectively). (A) to be heard with respect to any matter ance Act (12 U.S.C. 1818), in the case of— SEC. 303. PRIVATE RIGHT OF ACTION. that arises in that action; and (A) national banks, and Federal branches (a) PRIVATE RIGHT OF ACTION.—A person (B) to file a petition for appeal. (c) CONSTRUCTION.—For purposes of bring- and Federal agencies of foreign banks, by the whose personally identifiable information is ing any civil action under subsection (a), Office of the Comptroller of the Currency; collected, disclosed or used, or is likely to be disclosed or used, in violation of title I may, nothing in this Act shall be construed to pre- (B) member banks of the Federal Reserve vent an attorney general of a State from ex- System (other than national banks), if otherwise permitted by the laws or rules of court of a State, bring in an appropriate ercising the powers conferred on the attor- branches and agencies of foreign banks ney general by the laws of that State to— (other than Federal branches, Federal agen- court of that State— (1) an action to enjoin or restrain such vio- (1) conduct investigations; cies, and insured State branches of foreign (2) administer oaths or affirmations; or banks), commercial lending companies lation; (2) an action to recover for actual mone- (3) compel the attendance of witnesses or owned or controlled by foreign banks, and the production of documentary and other organizations operating under section 25 or tary loss from such a violation, or to receive $5,000 in damages for each such violation, evidence. 25(a) of the Federal Reserve Act (12 U.S.C. (d) ACTIONS BY THE COMMISSION.—In any whichever is greater; or 601 et seq. and 611 et seq.), by the Board; and case in which an action is instituted by or on (3) both such actions. (C) banks insured by the Federal Deposit behalf of the Commission for violation of (b) WILLFUL AND KNOWING VIOLATIONS.—If Insurance Corporation (other than members title I, no State may, during the pendency of the court finds that the defendant willfully of the Federal Reserve System) and insured that action, institute an action under sub- or knowingly violated title I, the court may, State branches of foreign banks, by the section (a) against any defendant named in in its discretion, increase the amount of the Board of Directors of the Federal Deposit In- the complaint in that action for violation of award available under subsection (a)(2) to surance Corporation; that rule. (2) section 8 of the Federal Deposit Insur- $50,000. (e) VENUE; SERVICE OF PROCESS.— (c) EXCEPTION.—Neither an action to enjoin ance Act (12 U.S.C. 1818), by the Director of (1) VENUE.—Any action brought under sub- the Office of Thrift Supervision, in the case or restrain a violation, nor an action to re- section (a) may be brought in the district of a savings association the deposits of which cover for loss or damage, may be brought court of the United States that meets appli- are insured by the Federal Deposit Insurance under this section for the accidental disclo- cable requirements relating to venue under Corporation; sure of information if the disclosure was section 1391 of title 28, United States Code. caused by an Act of God, network or systems (3) the Federal Credit Union Act (12 U.S.C. (2) SERVICE OF PROCESS.—In an action 1751 et seq.) by the National Credit Union failure, or other event beyond the control of brought under subsection (a), process may be Administration Board with respect to any the Internet service provider, online service served in any district in which the defend- Federal credit union; provider, or operator of a commercial ant— (4) part A of subtitle VII of title 49, United website if the provider or operator took rea- (A) is an inhabitant; or States Code, by the Secretary of Transpor- sonable precautions to prevent such disclo- (B) may be found. sure in the event of such a failure or other tation with respect to any air carrier or for- SEC. 305. WHISTLEBLOWER PROTECTION. event. eign air carrier subject to that part; (a) IN GENERAL.—No Internet service pro- TTORNEYS FEES; PUNITIVE DAMAGES.— (5) the Packers and Stockyards Act, 1921 (7 (d) A vider, online service provider, or commercial U.S.C. 181 et seq.) (except as provided in sec- Notwithstanding subsection (a)(2), the court website operator may discharge or otherwise tion 406 of that Act (7 U.S.C. 226, 227)), by the in an action brought under this section, may discriminate against any employee with re- Secretary of Agriculture with respect to any award reasonable attorneys fees and punitive spect to compensation, terms, conditions, or activities subject to that Act; and damages to the prevailing party. privileges of employment because the em- (6) the Farm Credit Act of 1971 (12 U.S.C. SEC. 304. ACTIONS BY STATES. ployee (or any person acting pursuant to the 2001 et seq.) by the Farm Credit Administra- (a) IN GENERAL.— request of the employee) provided informa- tion with respect to any Federal land bank, (1) CIVIL ACTIONS.—In any case in which the tion to any Federal or State agency or to the Federal land bank association, Federal inter- attorney general of a State has reason to be- Attorney General of the United States or of mediate credit bank, or production credit lieve that an interest of the residents of that any State regarding a possible violation of association. State has been or is threatened or adversely any provision of title I. (c) EXERCISE OF CERTAIN POWERS.—For the affected by the engagement of any person in (b) ENFORCEMENT.—Any employee or purpose of the exercise by any agency re- a practice that violates title I, the State, as former employee who believes he has been

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4306 CONGRESSIONAL RECORD — SENATE May 23, 2000 discharged or discriminated against in viola- respect to the subscriber as a result of the scriber pursuant to a court order only if, in tion of subsection (a) may file a civil action provision of such service and the nature of the court proceeding relevant to such court in the appropriate United States district the use of such information; order— court before the close of the 2-year period be- ‘‘(2) the nature, frequency, and purpose of ‘‘(A) such entity offers clear and con- ginning on the date of such discharge or dis- any disclosure that may be made of such in- vincing evidence that the subject of the in- crimination. The complainant shall also file formation, including an identification of the formation is reasonably suspected of engag- a copy of the complaint initiating such ac- types of persons to whom the disclosure may ing in criminal activity and that the infor- tion with the appropriate Federal agency. be made; mation sought would be material evidence in (c) REMEDIES.—If the district court deter- ‘‘(3) the period during which such informa- the case; and mines that a violation of subsection (a) has tion will be maintained by the cable oper- ‘‘(B) the subject of the information is af- occurred, it may order the Internet service ator, satellite carrier, or distributor; forded the opportunity to appear and contest provider, online service provider, or commer- ‘‘(4) the times and place at which the sub- such entity’s claim. cial website operator that committed the scriber may have access to such information ‘‘(d) SUBSCRIBER ACCESS TO INFORMATION.— violation— in accordance with subsection (d); and A cable or satellite subscriber shall be pro- (1) to reinstate the employee to his former ‘‘(5) the limitations provided by this sec- vided access to all personally identifiable in- position; tion with respect to the collection and dis- formation regarding that subscriber that is (2) to pay compensatory damages; or closure of information by the cable operator, collected and maintained by a cable oper- (3) take other appropriate actions to rem- satellite carrier, or distributor and the right ator, satellite carrier, or distributor. Such edy any past discrimination. of the subscriber under this section to en- information shall be made available to the (d) ATTORNEYS FEES; PUNITIVE DAMAGES.— force such limitations. subscriber at reasonable times and at a con- Notwithstanding subsection (c)(2), the court ‘‘(b) COLLECTION OF PERSONALLY IDENTIFI- venient place designated by such cable oper- in an action brought under this section, may ABLE INFORMATION.— ator, satellite carrier, or distributor. A cable award reasonable attorneys fees and punitive ‘‘(1) IN GENERAL.—Except as provided in or satellite subscriber shall be provided rea- damages to the prevailing party. paragraph (2), a cable operator, satellite car- sonable opportunity to correct any error in (e) LIMITATION.—The protections of this rier, or distributor shall not use its cable or such information. section shall not apply to any employee satellite system to collect personally identi- ‘‘(e) DESTRUCTION OF INFORMATION.—A who— fiable information concerning any subscriber cable operator, satellite carrier, or dis- (1) deliberately causes or participates in without the prior written or electronic con- tributor shall destroy personally identifiable the alleged violation; or sent of the subscriber. information if the information is no longer (2) knowingly or recklessly provides sub- ‘‘(2) EXCEPTION.—A cable operator, sat- necessary for the purpose for which it was stantially false information to such an agen- ellite carrier, or distributor may use its collected and there are no pending requests cy or the Attorney General. cable or satellite system to collect informa- or orders for access to such information (f) BURDENS OF PROOF.—The legal burdens tion described in paragraph (1) in order to— under subsection (d) or pursuant to a court of proof that prevail under subchapter III of ‘‘(A) obtain information necessary to order. chapter 12 of title 5, United States Code (5 render a cable or satellite service or other ‘‘(f) RELIEF.— U.S.C. 1221 et seq.) shall govern adjudication service provided by the cable operator, sat- ‘‘(1) IN GENERAL.—Any person aggrieved by of protected activities under this section. ellite carrier, or distributor to the sub- any act of a cable operator, satellite carrier, SEC. 306. NO EFFECT ON OTHER REMEDIES. scriber; or or distributor in violation of this section The remedies provided by this sections 303 ‘‘(B) detect unauthorized reception of cable may bring a civil action in a district court of and 304 are in addition to any other remedy or satellite communications. the United States. available under any provision of law. ‘‘(c) DISCLOSURE OF PERSONALLY IDENTIFI- ‘‘(2) DAMAGES AND COSTS.—In any action SEC. 307. FTC OFFICE OF ONLINE PRIVACY. ABLE INFORMATION.— brought under paragraph (1), the court may The Federal Trade Commission shall estab- ‘‘(1) IN GENERAL.—Except as provided in award a prevailing plaintiff— lish an Office of Online Privacy headed by a paragraph (2), a cable operator, satellite car- ‘‘(A) actual damages but not less than liq- senior level position officer who reports di- rier, or distributor may not disclose person- uidated damages computed at the rate of $100 rectly to the Commission and its General ally identifiable information concerning any a day for each day of violation or $1,000, Counsel. The Office shall study privacy subscriber without the prior written or elec- whichever is greater; issues associated with electronic commerce tronic consent of the subscriber and shall ‘‘(B) punitive damages; and and the Internet, the operation of this Act take such actions as are necessary to pre- ‘‘(C) reasonable attorneys’ fees and other and the effectiveness of the privacy protec- vent unauthorized access to such informa- litigation costs reasonably incurred. tions provided by title I. The Office shall re- tion by a person other than the subscriber or ‘‘(3) NO EFFECT ON OTHER REMEDIES.—The port its findings and recommendations from the cable operator, satellite carrier, or dis- remedy provided by this subsection shall be time to time to the Commission, and, not- tributor. in addition to any other remedy available withstanding any law, regulation, or execu- ‘‘(2) EXCEPTIONS.—A cable operator, sat- under any provision of law to a cable or sat- tive order to the contrary, shall submit an ellite carrier, or distributor may disclose in- ellite subscriber. annual report directly to the Senate Com- formation described in paragraph (1) if the ‘‘(g) DEFINITIONS.—In this section: mittee on Commerce, Science, and Transpor- disclosure is— ‘‘(1) DISTRIBUTOR.—The term ‘distributor’ tation and the House of Representatives ‘‘(A) necessary to render, or conduct a le- means an entity that contracts to distribute Committee on Commerce on the status of on- gitimate business activity related to, a cable secondary transmissions from a satellite car- line and Internet privacy issues, together or satellite service or other service provided rier and, either as a single channel or in a with any recommendations for additional by the cable operator, satellite carrier, or package with other programming, provides legislation relating to those issues. distributor to the subscriber; the secondary transmission either directly ‘‘(B) subject to paragraph (3), made pursu- to individual subscribers for private home TITLE IV—COMMUNICATIONS ant to a court order authorizing such disclo- viewing or indirectly through other program TECHNOLOGY PRIVACY PROTECTIONS sure, if the subscriber is notified of such distribution entities. SEC. 401. PRIVACY PROTECTION FOR SUB- order by the person to whom the order is di- ‘‘(2) CABLE OPERATOR.— SCRIBERS OF SATELLITE TELE- rected; or ‘‘(A) IN GENERAL.—The term ‘cable oper- VISION SERVICES FOR PRIVATE HOME VIEWING. ‘‘(C) a disclosure of the names and address- ator’ has the meaning given that term in (a) IN GENERAL.—Section 631 of the Com- es of subscribers to any other provider of section 602. munications Act of 1934 (47 U.S.C. 551) is cable or satellite service or other service, ‘‘(B) INCLUSION.—The term includes any amended to read as follows: if— person who— ‘‘SEC. 631. PRIVACY OF SUBSCRIBER INFORMA- ‘‘(i) the cable operator, satellite carrier, or ‘‘(i) is owned or controlled by, or under TION FOR SUBSCRIBERS OF CABLE distributor has provided the subscriber the common ownership or control with, a cable SERVICE AND SATELLITE TELE- opportunity to prohibit or limit such disclo- operator; and VISION SERVICE. sure; and ‘‘(ii) provides any wire or radio commu- ‘‘(a) NOTICE TO SUBSCRIBERS REGARDING ‘‘(ii) the disclosure does not reveal, di- nications service. PERSONALLY IDENTIFIABLE INFORMATION.—At rectly or indirectly— ‘‘(3) OTHER SERVICE.—The term ‘other serv- the time of entering into an agreement to ‘‘(I) the extent of any viewing or other use ice’ includes any wire, electronic, or radio provide any cable service, satellite home by the subscriber of a cable or satellite serv- communications service provided using any viewing service, or other service to a sub- ice or other service provided by the cable op- of the facilities of a cable operator, satellite scriber, and not less often than annually erator, satellite carrier, or distributor; or carrier, or distributor that are used in the thereafter, a cable operator, satellite carrier, ‘‘(II) the nature of any transaction made provision of cable service or satellite home or distributor shall provide notice in the by the subscriber over the cable or satellite viewing service. form of a separate, written statement to system of the cable operator, satellite car- ‘‘(4) PERSONALLY IDENTIFIABLE INFORMA- such subscriber that clearly and conspicu- rier, or distributor. TION.—The term ‘personally identifiable in- ously informs the subscriber of— ‘‘(3) COURT ORDERS.—A governmental enti- formation’ does not include any record of ag- ‘‘(1) the nature of personally identifiable ty may obtain personally identifiable infor- gregate data that does not identify par- information collected or to be collected with mation concerning a cable or satellite sub- ticular persons.

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‘‘(5) SATELLITE CARRIER.—The term ‘sat- of enactment of this Act, submit to Congress including computer security professionals. ellite carrier’ means an entity that uses the a report containing the recommendations re- As the demand for information technology facilities of a satellite or satellite service li- quired by subsection (a)(3). workers grows, the Federal government will censed by the Federal Communications Com- SEC. 502. FEDERAL COMMUNICATIONS COMMIS- have an increasingly difficult time attract- mission and operates in the Fixed-Satellite SION RULEMAKING. ing such workers into the Federal workforce. Service under part 25 of title 47 of the Code (a) PROCEEDING REQUIRED.—The Federal (5) Some commercial off-the-shelf hard- of Federal Regulations or the Direct Broad- Communications Commission shall initiate a ware and off-the-shelf software components cast Satellite Service under part 100 of title rulemaking proceeding to establish uniform to protect computer systems are widely 47 of the Code of Federal Regulations, to es- consumer privacy rules for all communica- available. There is still a need for long-term tablish and operate a channel of communica- tions providers. The rulemaking proceeding computer security research, particularly in tions for point-to-multipoint distribution of shall— the area of infrastructure protection. television station signals, and that owns or (1) examine the privacy rights and rem- (6) The Nation’s information infrastruc- leases a capacity or service on a satellite in edies of the consumers of all online and off- tures are owned, for the most part, by the order to provide such point-to-multipoint line technologies, including telecommuni- private sector, and partnerships and coopera- distribution, except to the extent that such cations providers, cable, broadcast, satellite, tion will be needed for the security of these entity provides such distribution pursuant to wireless, and telephony services; infrastructures. tariff under the Communications Act of 1934, (2) determine whether consumers are able, (7) There is little financial incentive for other than for private home viewing.’’. and, if not, the methods by which consumers private companies to enhance the security of (b) NOTICE WITH RESPECT TO CERTAIN may be enabled to exercise such rights and the Internet and other infrastructures as a AGREEMENTS.— remedies; and whole. The Federal government will need to (1) IN GENERAL.—Except as provided in (3) change the Commission’s regulations to make investments in this area to address paragraph (2), a cable operator, satellite car- coordinate, rationalize, and harmonize laws issues and concerns not addressed by the pri- rier, or distributor who has entered into and regulations administered by the Com- vate sector. agreements referred to in section 631(a) of mission that relate to those rights and rem- SEC. 702. COMPUTER SECURITY PARTNERSHIP the Communications Act of 1934, as amended edies. COUNCIL. by subsection (a), before the date of enact- (b) DEADLINE FOR CHANGES.—The Federal (a) ESTABLISHMENT.—The Secretary of ment of this Act, shall provide any notice re- Communications Commission shall complete Commerce, in consultation with the Presi- quired under that section, as so amended, to the rulemaking within 6 months after the dent’s Information Technology Advisory subscribers under such agreements not later date of enactment of this Act. Committee established by Executive Order than 180 days after that date. SEC. 503. DEPARTMENT OF LABOR STUDY OF No. 13035 of February 11, 1997 (62 F.R. 7231), (2) EXCEPTION.—Paragraph (1) shall not EMPLOYEE-MONITORING ACTIVI- apply with respect to any agreement under TIES. shall establish a 25-member Computer Secu- which a cable operator, satellite carrier, or The Secretary of Labor shall study the ex- rity Partnership Council. distributor was providing notice under sec- tent and nature of employer practices that (b) CHAIRMAN; MEMBERSHIP.—The Council tion 631(a) of the Communications Act of involving monitoring employee activities shall have a chairman, appointed by the Sec- 1934, as in effect on the day before the date both at the workplace and away from the retary, and 24 additional members, appointed of enactment of this Act, as of such date. workplace, by electronic or other remote by the Secretary as follows: SEC. 402. CUSTOMER PROPRIETARY NETWORK means, including surveillance of electronic (1) 5 members, who are not officers or em- INFORMATION. mail and Internet use, to determine whether ployees of the United States, who are recog- Section 222 (c)(1) of the Communications and to what extent such practices constitute nized as leaders in the networking and com- Act of 1934 (47 U.S.C. 222 (c)(1)) is amended by an inappropriate violation of employee pri- puter security business, at least 1 of whom striking ‘‘approval’’ and inserting ‘‘express vacy. The Secretary shall report the results represents a small or medium-sized com- prior authorization’’. of the study, including findings and rec- pany. ommendations, if any, for legislation or reg- (2) 5 members, who are— TITLE V—RULEMAKING AND STUDIES ulation to the Congress within 6 months (A) not officers or employees of the United SEC. 501. FEDERAL TRADE COMMISSION EXAM- after the date of enactment of this Act. States, and INATION. TITLE VI—PROTECTION OF PERSONALLY (B) not in the networking and computer se- (a) PROCEEDING REQUIRED.—The Federal IDENTIFIABLE INFORMATION IN BANK- curity business, Trade Commission shall— RUPTCY at least 1 of whom represents a small or me- (1) study consumer privacy issues in the SEC. 601. PERSONALLY IDENTIFIABLE INFORMA- dium-sized company. traditional, offline marketplace, including (3) 5 members, who are not officers or em- whether— TION NOT ASSET IN BANKRUPTCY. Section 541(b) of title 11, United States ployees of the United States, who represent (A) consumers are able, and, if not, the public interest groups or State or local gov- methods by which consumers may be en- Code, is amended— (1) by striking ‘‘or’’ after the semicolon in ernments, of whom at least 2 represent such abled— groups and at least 2 represent such govern- (i) to have knowledge that consumer infor- paragraph (4)(B)(ii); (2) by striking ‘‘prohibition.’’ in paragraph ments. mation is being collected about them (4) 5 members, who are not officers or em- through their utilization of various offline (5) and inserting ‘‘prohibition; or’’; and (3) by inserting after paragraph (5) the ployees of the United States, affiliated with services and systems; a college, university, or other academic, re- (ii) to have clear and conspicuous notice following: ‘‘(6) any personally identifiable informa- search-oriented, or public policy institution, that such information could be used, or is in- with recognized expertise in the field of net- tended to be used, by the entity collecting tion (as defined in section 901(6) of the Con- sumer Privacy Protection Act), or any com- working and computer security, whose pri- the data for reasons unrelated to the original mary source of employment is by that col- communications, or that such information pilation, or record (in electronic or any other form) of such information.’’. lege, university, or other institution rather could be sold, rented, shared, or otherwise than a business organization involved in the disclosed (or is intended to be sold rented, TITLE VII—INTERNET SECURITY INITIATIVES networking and computer security business. shared, or otherwise disclosed) to other com- (5) 4 members, who are officers or employ- panies or entities; and SEC. 701. FINDINGS. ees of the United States, with recognized ex- The Congress finds the following: (iii) to stop the reuse, disclosure, or sale of pertise in computer systems management, (1) Good computer security practices are that information; including computer and network security. (B) in the case of consumers who are chil- an underpinning of any privacy protection. dren, the abilities described in clauses (i), The operator of a computer system should (c) FUNCTION.—The Council shall collect (ii), and (iii) of subparagraph (A) are or can protect that system from unauthorized use and share information about, and increase be exercised by their parents; and and secure any private, personal informa- public awareness of, information security (C) changes in the Commission’s regula- tion. practices and programs, threats to informa- tions could provide greater assurance of the (2) The Federal Government should be a tion security, and responses to those threats. offline privacy rights and remedies of par- role model in securing its computer systems (d) STUDY.—Within 12 months after the ents and consumers generally; and should ensure the protection of private, date of enactment of this Act, the Council (2) review responses and suggestions from personal information controlled by Federal shall publish a report which evaluates and affected commercial and nonprofit entities agencies. describes areas of computer security re- to changes proposed under paragraph (1)(C); (3) The National Institute of Standards and search and development that are not ade- and Technology has the responsibility for devel- quately developed or funded. (3) make recommendations to the Congress oping standards and guidelines needed to en- (e) ADDITIONAL RECOMMENDATIONS.—The for any legislative changes necessary to en- sure the cost-effective security and privacy Council shall periodically make rec- sure such rights and remedies. of private, personal information in Federal ommendations to appropriate government (b) SCHEDULE FOR FEDERAL TRADE COMMIS- computer systems. and private sector entities for enhancing the SION RESPONSES.—The Federal Trade Com- (4) This Nation faces a shortage of trained, security of networked computers operated or mission shall, within 6 months after the date qualified information technology workers, maintained by those entities.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4308 CONGRESSIONAL RECORD — SENATE May 23, 2000 SEC. 703. RESEARCH AND DEVELOPMENT. SEC. 705. GOVERNMENT INFORMATION SECURITY TITLE VIII—CONGRESSIONAL Section 20 of the National Institute of STANDARDS. INFORMATION SECURITY STANDARDS. Standards and Technology Act (15 U.S.C. (a) IN GENERAL.—Section 20(b) of the Na- SEC. 801. EXERCISE OF RULEMAKING POWER. 278g-3) is amended— tional Institute of Standards and Technology This title is enacted by the Congress— (1) by redesignating subsections (c) and (d) Act (15 U.S.C. 278g-3(b)) is amended— (1) as an exercise of the rulemaking power as subsections (d) and (e), respectively; and (1) by striking ‘‘and’’ after the semicolon of the House of Representatives and the Sen- (2) by inserting after subsection (b) the in paragraph (4); ate, respectively, and as such it is deemed a following: (2) by redesignating paragraph (5) as para- part of the rules of each House, respectively, ‘‘(c) RESEARCH AND DEVELOPMENT OF PRO- graph (6); and but applicable only with respect to that TECTION TECHNOLOGIES.— (3) by inserting after paragraph (4) the fol- House; and it supersedes other rules only to ‘‘(1) IN GENERAL.—The Institute shall es- lowing: the extent that it are inconsistent there- tablish a program at the National Institute ‘‘(5) to provide guidance and assistance to with; and of Standards and Technology to conduct, or Federal agencies in the protection of inter- (2) with full recognition of the constitu- to fund the conduct of, research and develop- connected computer systems and to coordi- tional right of either House to change the ment of technology and techniques to pro- nate Federal response efforts related to un- rules (so far as relating to that House) at any vide security for advanced communications authorized access to Federal computer sys- time, in the same manner and to the same and computing systems and networks includ- tems; and’’. extent as in the case of any other rule of ing the Next Generation Internet, the under- (b) FEDERAL COMPUTER SYSTEM SECURITY that House. lying structure of the Internet, and TRAINING.—Section 5(b) of the Computer Se- SEC. 802. SENATE. networked computers. curity Act of 1987 (49 U.S.C. 759 note) is (a) IN GENERAL.—The Sergeant at Arms of ‘‘(2) PURPOSE.—A purpose of the program amended— the United States Senate shall develop regu- established under paragraph (1) is to address (1) by striking ‘‘and’’ at the end of para- lations setting forth an information security issues or problems that are not addressed by graph (1); and electronic privacy policy governing use market-driven, private-sector information (2) by striking the period at the end of of the Internet by officers and employees of security research. This may include re- paragraph (2) and inserting in lieu thereof ‘‘; the Senate in accordance with the following search— and’’; and 4 principles of privacy: ‘‘(A) to identify Internet security problems (3) by adding at the end the following new (1) NOTICE AND AWARENESS.—Websites must which are not adequately addressed by cur- paragraph: provide users notice of their information rent security technologies; ‘‘(3) to include emphasis on protecting the practices. ‘‘(B) to develop interactive tools to analyze availability of Federal electronic citizen (2) CHOICES AND CONSENT.—Websites must security risks in an easy-to-understand services and protecting sensitive informa- offer users choices as to how personally iden- manner; tion in Federal databases and Federal com- tifiable information is used beyond the use ‘‘(C) to enhance the security and reliability puter sites that are accessible through public for which the information was provided. of the underlying Internet infrastructure networks.’’. (3) ACCESS AND PARTICIPATION.—Websites while minimizing any adverse operational must offer users reasonable access to person- impacts such as speed; and SEC. 706. RECOGNITION OF QUALITY IN COM- PUTER SECURITY PRACTICES. ally identifiable information and an oppor- ‘‘(D) to allow networks to become self- tunity to correct inaccuracies. healing and provide for better analysis of the Section 20 of the National Institute of (4) SECURITY AND INTEGRITY.—Websites state of Internet and infrastructure oper- Standards and Technology Act (15 U.S.C. must take reasonable steps to protect the se- ations and security. 278g-3), as amended by section 703, is further curity and integrity of personally identifi- ‘‘(3) MATCHING GRANTS.—A grant awarded amended— able information. by the Institute under the program estab- (1) by redesignating subsections (d) and (e) (b) PROCEDURE.— lished under paragraph (1) to a commercial as subsections (e) and (f), respectively; and (1) PROPOSAL.—The Sergeant at Arms shall enterprise may not exceed 50 percent of the (2) by inserting after subsection (c), the publish a general notice of proposed rule- cost of the project to be funded by the grant. following: making under section 553(b) of title 5, United ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) AWARD PROGRAM.—The Institute may States Code, but, instead of publication of a There are authorized to be appropriated to establish a program for the recognition of general notice of proposed rulemaking in the the Institute to carry out this subsection— excellence in Federal computer system secu- Federal Register, the Sergeant at Arms shall ‘‘(A) $50,000,000 for fiscal year 2001; rity practices, including the development of transmit such notice to the President pro ‘‘(B) $60,000,000 for fiscal year 2002; a seal, symbol, mark, or logo that could be tempore of the Senate for publication in the ‘‘(C) $70,000,000 for fiscal year 2003; displayed on the website maintained by the Congressional Record on the first day on ‘‘(D) $80,000,000 for fiscal year 2004; operator of such a system recognized under which the Senate is in session following such ‘‘(E) $90,000,000 for fiscal year 2005; and the program. In order to be recognized under transmittal. Such notice shall set forth the ‘‘(F) $100,000,000 for fiscal year 2006.’’. the program, the operator— recommendations of the Sergeant at Arms SEC. 704. COMPUTER SECURITY TRAINING ‘‘(1) shall have implemented exemplary for regulations under subsection (a). PROGRAMS. processes for the protection of its systems (2) COMMENT.—Before adopting regulations, (a) IN GENERAL.—The Secretary of Com- and the information stored on that system; the Sergeant at Arms shall provide a com- merce, in consultation with appropriate Fed- ‘‘(2) shall have met any standard estab- ment period of at least 30 days after publica- eral agencies, shall establish a program to lished under subsection (a); tion of general notice of proposed rule- support the training of individuals in com- ‘‘(3) shall have a process in place for updat- making. puter security, Internet security, and related ing the system security procedures; and (3) ADOPTION.—After considering com- fields at institutions of higher education lo- ‘‘(4) shall meet such other criteria as the ments, the Sergeant at Arms shall adopt reg- cated in the United States. Institute may require.’’. ulations and shall transmit notice of such (b) SUPPORT AUTHORIZED.—Under the pro- action together with a copy of such regula- gram established under subsection (a), the SEC. 707. DEVELOPMENT OF AUTOMATED PRI- VACY CONTROLS. tions to the President pro tempore of the Secretary may provide scholarships, loans, Senate for publication in the Congressional and other forms of financial aid to students Section 20 of the National Institute of Record on the first day on which the Senate at institutions of higher education. The Sec- Standards and Technology Act (15 U.S.C. is in session following such transmittal. retary shall require a recipient of a scholar- 278g-3), as amended by section 706, is further (c) APPROVAL OF REGULATIONS.— ship under this program to provide a reason- amended— (1) IN GENERAL.—The regulations adopted able period of service as an employee of the (1) by redesignating subsection (f) as sub- by the Sergeant at Arms may be approved by United States government after graduation section (g); and the Senate by resolution. as a condition of the scholarship, and may (2) by inserting after subsection (e) the (2) REFERRAL.—Upon receipt of a notice of authorize full or partial forgiveness of in- following: adoption of regulations under subsection debtedness for loans made under this pro- ‘‘(f) DEVELOPMENT OF INTERNET PRIVACY (b)(3), the presiding officers of the Senate gram in exchange for periods of employment PROGRAM.—The Institute shall encourage shall refer such notice, together with a copy by the United States government. and support the development of one or more of such regulations, to the Committee on (c) AUTHORIZATION OF APPROPRIATIONS.— computer programs, protocols, or other soft- Rules and Administration of the Senate. The There are authorized to be appropriated to ware, such as the World Wide Web Consor- purpose of the referral shall be to consider the Secretary such sums as may be nec- tium’s P3P program, capable of being in- whether such regulations should be essary to carry out this section— stalled on computers, or computer networks, approved. (A) $15,000,000 for fiscal year 2001; with Internet access that would reflect the (3) JOINT REFERRAL AND DISCHARGE.—The (B) $17,000,000 for fiscal year 2002; user’s preferences for protecting personally- presiding officer of the Senate may refer the (C) $20,000,000 for fiscal year 2003; identifiable or other sensitive, privacy-re- notice of issuance of regulations, or any res- (D) $25,000,000 for fiscal year 2004; lated information, and automatically exe- olution of approval of regulations, to one (E) $30,000,000 for fiscal year 2005; and cute the program, once activated, without committee or jointly to more than one com- (F) $35,000,000 for fiscal year 2006. requiring user intervention.’’. mittee. If a committee of the Senate acts to

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report a jointly referred measure, any other or use that information for any other pur- (8) OFFLINE.—The term ‘‘offline’’ refers to committee of the Senate must act within 30 pose. any activity regulated by this Act or by sec- calendar days of continuous session, or be (3) RELEASE.—The term ‘‘release of person- tion 2710 of title 18, United States Code, that automatically discharged. ally identifiable information’’ means the di- occurs other than by or through the active (4) RESOLUTION OF APPROVAL.—In the case rect or indirect, active or passive, sharing, or passive use of an Internet connection, re- of a resolution of the Senate, the matter selling, renting, or other provision of person- gardless of the medium by or through which after the resolving clause shall be the fol- ally identifiable information of a user of an that connection is established. lowing: ‘‘the following regulations issued by Internet service, online service, or commer- (9) ONLINE.—The term ‘‘online’’ refers to the Sergeant at Arms on ————— ——, cial website to any other person other than any activity regulated by this Act or by sec- 2——— are hereby approved:’’ (the blank the user. tion 2710 of title 18, United States Code, that spaces being appropriately filled in and the (4) INTERNAL OPERATIONS SUPPORT.—The is effected by active or passive use of an text of the regulations being set forth). term ‘‘support for the internal operations of Internet connection, regardless of the me- (d) ISSUANCE AND EFFECTIVE DATE.— a service or website’’ means any activity dium by or through which that connection is (1) PUBLICATION.—After approval of the necessary to maintain the technical established. regulations under subsection (c), the Ser- functionality of that service or website. Mr. EDWARDS. Mr. President, Big geant at Arms shall submit the regulations (5) COLLECT.—The term ‘‘collect’’ means Browser is watching you. Almost every to the President pro tempore of the Senate the gathering of personally identifiable in- time, you or I or an American con- for publication in the Congressional Record formation about a user of an Internal serv- on the first day on which the Senate is in sumer surfs the Internet, someone is ice, online service, or commercial website by tracking our movements. And someone session following such transmittal. or on behalf of the provider or operator of (2) DATE OF ISSUANCE.—The date of that service or website by any means, direct is compiling a databank of information issuance of the regulations shall be the date or indirect, active or passive, including— about our preferences and could even on which they are published in the Congres- (A) an online request for such information be profiling us. sional Record under paragraph (1). by the provider or operator, regardless of Maybe they’re doing it to make our (3) EFFECTIVE DATE.—The regulations shall how the information is transmitted to the experience better. Most of the time, become effective not less than 60 days after provider or operator; they probably are. But too often we are the regulations are issued, except that the (B) the use of a chat room, message board, being profiled for profit, and at the ex- Sergeant at Arms may provide for an earlier or other online service to gather the infor- effective date for good cause found (within pense of privacy. mation; or I am proud to co-sponsor Senator the meaning of section 553(d)(3) of title 5, (C) tracking or use of any identifying code United States Code) and published with the HOLLINGS’ legislation, the Consumer linked to a user of such a service or website, Privacy Protection Act, that would regulation. including the use of cookies. (e) AMENDMENT OF REGULATIONS.—Regula- (3) COOKIE.—The term ‘‘cookie’’ means any help consumers gain control of their tions may be amended in the same manner program, function, or device, commonly most personal information. I believe as is described in this section for the adop- known as a ‘‘cookie’’, that makes a record on that the measure we introduce today is tion, approval, and issuance of regulations, the user’s computer (or other electronic de- a step in the right direction. It strikes except that the Sergeant at Arms may dis- vice) of that user’s access to an Internet the right balance. Privacy is protected, pense with publication of a general notice of service, online service, or commercial while critical elements of the informa- proposed rulemaking of minor, technical, or website. urgent amendments that satisfy the criteria tion revolution are preserved. Con- (4) FEDERAL AGENCY.—The term ‘‘Federal sumer confidence in the Internet is bol- for dispensing with publication of such no- agency’’ means an agency, as that term is tice pursuant to section 553(b)(B) of title 5, defined in section 551(1) of title 5, United stered, while businesses will not be United States Code. States Code. overburdened by the requirements. (f) RIGHT TO PETITION FOR RULEMAKING.— (5) INTERNET.—The term ‘‘Internet’’ means We can enjoy the convenience of on- Any interested party may petition to the collectively the myriad of computer and line shopping and allow e-commerce to Sergeant at Arms for the issuance, amend- telecommunications facilities, including thrive without putting profits over pri- ment, or repeal of a regulation. equipment and operating software, which vacy. Consumers, not dot.com compa- TITLE IX—DEFINITIONS comprise the interconnected world-wide net- nies, should control the use of con- SEC. 901. DEFINITIONS. work of networks that employ the Trans- fidential information about buying In this Act: mission Control Protocol/Internet Protocol, habits, credit card records and other (1) OPERATOR OF A COMMERCIAL WEBSITE.— or any predecessor or successor protocols to personal information. The term ‘‘operator of a commercial such protocol, to communicate information Mr. President, the time to act is now. website’’— of all kinds by wire or radio. (A) means any person who operates a (6) PERSONALLY IDENTIFIABLE INFORMA- If not, we may wake up one day to find website located on the Internet or an online TION.—The term ‘‘personally identifiable in- our privacy so thoroughly eroded that service and who collects or maintains per- formation’’ means individually identifiable recovering it will be almost impossible. sonal information from or about the users of information about an individual collected No one denies that the rapid develop- or visitors to such website or online service, online, including— ment of modern technology has been or on whose behalf such information is col- (A) a first and last name, whether given at beneficial. New and improved tech- lected or maintained, where such website or birth or adoption, assumed, or legally nologies have enabled us to obtain in- online service is operated for commercial changed; formation more quickly and easily purposes, including any person offering prod- (B) a home or other physical address in- than ever before. Students can partici- ucts or services for sale through that website cluding street name and name of a city or pate in classes that are being taught in or online service, involving commerce— town; (i) among the several States or with 1 or (C) an e-mail address; other states, or even in other coun- more foreign nations; (D) a telephone number; tries. Almost no product or piece of in- (ii) in any territory of the United States or (E) a Social Security number; formation is beyond the reach of Amer- in the District of Columbia, or between any (F) a credit card number; icans anymore. A farmer in Sampson such territory and— (G) a birth date, birth certificate number, County, North Carolina can go on the (I) another such territory; or or place of birth; Internet and compare prices for any- (II) any State or foreign nation; or (H) any other identifier that the Commis- thing he needs to run his business. Or (iii) between the District of Columbia and sion determines permits the physical or on- he can look up critical weather infor- any State, territory, or foreign nation; but line contacting of a specific individual; or (B) does not include any nonprofit entity (I) unique identifying information that an mation on the Internet. Or he can just that would otherwise be exempt from cov- Internet service provider, online service pro- order a hard-to-get book. Meanwhile, erage under section 5 of the Federal Trade vider, or operator of a commercial website companies have streamlined their proc- Commission Act (15 U.S.C. 45). collects and combines with an identifier de- esses for providing goods and services. (2) DISCLOSE.—The term ‘‘disclose’’ means scribed in this paragraph. But these remarkable developments the release of personally identifiable infor- (7) INTERNET SERVICE PROVIDER; ONLINE can have a startling downside. They mation about a user of an Internet service, SERVICE PROVIDER; WEBSITE.—The Commis- have made it easier to track personal online service, or commercial website by an sion shall by rule define the terms ‘‘Internet information such as medical and finan- Internet service provider, online service pro- service provider’’, ‘‘online service provider’’, cial records and buying habits. They vider, or operator of a commercial website and ‘‘website’’, and shall revise or amend for any purpose, except where such informa- such rule to take into account changes in have made it profitable to do so. And in tion is provided to a person who provides technology, practice, or procedure with re- turn, our ability to keep our personal support for the internal operations of the spect to the collection of personal informa- information private is being eaten service or website and who does not disclose tion over the Internet. away.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4310 CONGRESSIONAL RECORD — SENATE May 23, 2000 The impact of this erosion ranges the comprehensive and thoughtful pro- the visitor choices on how their per- from the merely annoying—having posal that we introduce today. Senator sonal identifying information would be your mailbox flooded with junkmail— LEAHY has led a coalition of Senators used. These report findings seem to to the actually frightening—having interested in this issue. I look forward suggest that industry efforts by them- your identity stolen or being turned to working with them and my other selves are not sufficient to control the down for a loan because your bank got colleagues in passing this measure. gathering and dissemination of per- copies of your medical records. There Mr. CLELAND. Mr. President, the in- sonal data. are thousands of ways that the loss of formation highway began just a few There are some Dot Coms that are our privacy can impact us. Many of years ago as a footpath and is now an not concerned about the privacy of them are intangible—just the discom- unlimited lane expressway with no their customers. These firms are suc- fort of knowing that complete strang- rush hour. People can now use the cessfully collecting enormous amounts ers can find out everything about you: Internet to shop at virtual stores lo- of data about a person and in turn sell where you shop, what books you buy, cated thousands of miles away, find it to others or use it to intensify the whether you have allergies, and what turn-by-turn directions to far away advertising aimed at that person. At your credit rating is. These strangers destinations and journey to hamlets, one website visit, a company can col- may not do anything bad with the in- cities and states across the country— lect some very interesting facts about formation, but they know all about and indeed around the world—without the person who is on the other end. you. I think privacy is a value per se. ever leaving home. While surfing the web the other day, I Our founding fathers recognized it, and While the virtual world is available hit on a website that was designed to so too do most Americans. to us with a few key strokes and mouse provide me with information about my ‘‘Liberty in the constitutional clicks, there is one area of the Internet PC. The report the site provided opened sense,’’ wrote Justice William O. Doug- that many are finding troublesome. It my eyes about the types of information las, ‘‘must mean more than freedom is the collection and use of personnel that could be obtained from a website from unlawful governmental restraint; data. All too often web surfers are pro- visitor in less one minute. In this small it must include privacy as well, if it is viding personal information about amount of time it could tell what other to be a repository of freedom. The right themselves at the websites they visit, sites I had visited, what sites I would to be let alone is indeed the beginning without their knowledge and consent. likely visit in the future, what plug-ins of all freedom.’’ There is so much information being are installed on my PC, how my do- Recent surveys indicate that the collected every day that it would take main is configured and a whole lot American public is increasingly uneasy a building the size of the Library of more information that I did not under- about the degradation of their privacy. Congress to store it all in. That is a lot stand. Many consider this type of In a recent Business Week poll, 92 per- of information, much of which is very tracking capability akin to stalking. I cent of Internet users expressed dis- personal and I believe it must be kept believe that the information that can comfort about Web sites sharing per- that way. be collected by website administrators sonal information with other sites. Concern about one’s privacy on the can create problems for people through Meanwhile, an FTC report issued yes- Internet is keeping people from fully a violation of trust and an invasion of terday indicated that only 42 percent of enjoying this marvelous technology. privacy. Novice Internet users are gen- the most popular Internet sites comply According to a recent survey by the erally unaware, as I was until visiting with the four key fair information Center for Democracy & Technology, this site, of the extent of the informa- practices—notice about what data is consumers’ most pressing privacy tion being collected on them. Even collected, consumer choice about issues are the sale of personal informa- those who are aware of the capabilities whether the data will be shared with tion and tracking people’s use of the of firms to collect private data are third-parties, consumer access to the Web. In another recent survey, 66.7 per- frightened by what can happen with data, and security regarding the trans- cent of online ‘‘window shoppers’’ state the information once it is collected. mission of data. that assurances of privacy will be the I am proud to be cosponsoring the We must be vigilant that our privacy basis for their making online pur- Consumer Privacy Protection Act of does not become a commodity to be chases. These surveys make the same 2000 that was introduced today by Sen- bought and sold. point that was made when credit cards ator HOLLINGS. This Act will legitimize I would also like to point out one were first introduced to the American the practices currently being used by area of privacy protection that I have public. Back then, credit cards did not many reputable firms who are col- been deeply interested in. Last Novem- initially enjoy widespread usage be- lecting private data. Does it seem un- ber, I introduced the Telephone Call cause of a fear that others could mis- reasonable that firms collecting pri- Privacy Act. My bill would prevent use the card. From these studies’ find- vate data should notify consumers of telecommunications companies from ings it can be reasoned that the Inter- the firm’s information practices, offer using an individual’s personal phone net is experiencing the same effects be- the consumer choices on how the per- call records without their consent. cause of privacy concerns. These con- sonal information will be used, allow Most Americans would be stunned to cerns are translating into lost oppor- consumers to access the information learn that the law does not protect tunity, for consumers as well as elec- that is collected on them and require them from having their phone records tronic businesses. the firms to take reasonable steps to sold to third parties. Imagine getting a Most of the Dot Com companies protect the security of the information call one night—during dinner—and doing business over the Internet today that is collected? I think not. Firms having a telemarketer try to sell you are very cognizant of the fact that pri- like Georgia-based VerticalOne are al- membership in a travel club because vacy is a major concern for their cus- ready performing under standards very your phone calling patterns show fre- tomers. Many of these firms allow visi- similar to these. I believe that all quent calls overseas. My legislation tors to their web site to ‘‘opt out,’’ or firms should be held to the same stand- would prevent this from occurring elect not to provide data they consider ard and that a level playing field without the individuals’s permission. private and do not wish to give. A Fed- should be established for every firm This measure we introduce today eral Trade Commission May 2000 Re- that is collecting data. Taking these also contains a provision relating to port to Congress found that 92 percent actions will translate into greater con- telephone privacy. It differs in at least of a random sampling of websites were sumer confidence in the Internet. one key respect from the legislation I collecting great amounts of personal Increasing the level of protection for previously introduced, but my hope is information from consumers and only private information to a level that the that as we discuss this issue over time, 14% disclosed anything about how the people of our nation can live with the differences will be resolved. information would be used. More inter- should be a welcome relief to those Mr. President, let me conclude by esting in this report was the finding firms already providing fair privacy thanking Senators HOLLINGS and that a mere 41% of the randomly se- treatment of their site visitors. This LEAHY for their leadership on this vital lected websites notified the visitor of Act certainly will be a relief to the issue. Senator HOLLINGS has crafted their information practices and offered people who are visiting their sites.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4311 Passing this Consumer Privacy Protec- 1999, at which time it was reported that whether the ‘‘Pain Relief Promotion tion Act will help prevent confusion by Senators on both sides of the aisle Act’’ may, in fact, have a chilling ef- establishing a common set of standards wished to investigate the matter more fect on physicians’ pain management, for all firms to follow and all Ameri- thoroughly before acting on the legis- thus actually increasing suffering at cans to enjoy. lation. the end of life. Under the legislation, Then, on November 19, 1999, Bob federal, state, and local law enforce- By Mr. WYDEN: Dove, the Senate Parliamentarian, ment could receive training to begin S. 2607. A bill to promote pain man- made what he termed ‘‘a mistake’’ scrutinizing physicians’ end-of-life agement and palliative care without when he referred H.R. 2260— the vir- care. Many believe that the legislation permitting assisted suicide euthanasia, tually identical House-passed version sends the wrong signal to physicians and for other purposes; to the Com- of the ‘‘Pain Relief Promotion Act’’— and others caring for those who are mittee on Health, Education, Labor, to the Senate Judiciary Committee. dying, noting the disparity between the and Pensions. Over the course of my service in the $5 million allotted for training in pal- PAIN RELIEF PROMOTION ACT Senate, I have come to know Mr. Dove liative care and the $80 million poten- ∑ Mr. WYDEN. Mr. President, today I to be a man of integrity and fairness, tially available for law enforcement ac- am introducing legislation which was and one of the most dedicated and en- tivities. actually authored by Senators NICKLES during public servants in Washington, In addition, there is considerable and HATCH, and which they have enti- D.C. When he discovered his mistake, concern that this legislation puts into tled the ‘‘Pain Relief Promotion Act.’’ to his great credit, Mr. Dove did some- statute perceptions about pain medica- Their bill which I am now introducing thing all-too-rare in this town; he sim- tion that the scientific world has been is identical to H.R. 2260 as reported out ply acknowledged his error. According trying to change. Physicians often be- lieve that the aggressive use of certain of the Judiciary Committee on April to an article by the Associated Press pain medications, such as morphine, 27, 2000, as amended. Today, it has been on December 7, 1999, Mr. Dove stated will hasten death. Recent scientific referred by the Senate Parliamentarian plainly that he had mistakenly re- studies show this is not the case. Dr. to the Committee on Health, Edu- ferred the bill to the Judiciary Com- Kathleen M. Foley, Attending Neurolo- cation, Labor, and Pensions (HELP). mittee, instead of the HELP Com- While I remain steadfastly opposed to gist in the Pain and Palliative Care mittee. Service at Memorial Sloan-Kettering the ‘‘Pain Relief Promotion Act of Lord knows I’ve made a few mistakes Cancer Center and Professor of Neu- 2000,’’ I am introducing this bill for one in my day, so I want to make clear rology, Neuroscience and Clinical reason: to call the Senate’s attention that I harbor nothing but respect for Pharmacology at the Cornell Univer- to the fact that a far-reaching health Mr. Dove, and that I do not for one sec- sity, had this to say about the Nickles- policy bill—which many experts be- ond question Mr. Dove’s motives. But Hatch legislation, ‘‘In short, the lieve has the potential to sentence mil- the mistake made on November 19, lions of sick and dying patients across underpinnings of this legislation are 1999, if left uncorrected, threatens un- not based on scientific evidence. It the nation to needless pain and suf- speakably negative and long-lasting would be unwise to institutionalize the fering—was mistakenly referred to a consequences for the future of health myth into law that pain medications committee with insufficient health pol- care in this nation. hasten death.’’ icy resources and no health policy ju- The jurisdiction of the HELP Com- Renowned medical ethicist, and Di- risdiction. It is that bill which the Ju- mittee over the ‘‘Pain Relief Pro- rector of the Center for Bioethics at diciary Committee reported and which, motion Act’’ is clear. The Senate Man- the University of Pennsylvania, Arthur without consideration by the com- ual describes the jurisdiction of this L. Caplan, Ph.D., also appeared before mittee with health expertise, the Re- committee as including ‘‘measures re- the Senate Judiciary Committee on publican leadership wants to bring to lating to education, labor, health, and April 25, 2000. He testified that: ‘‘Doc- the floor. The unintended consequence public welfare’’. The Senate Manual tors and nurses may not always fully of this could be the tragic decline of also describes the HELP Committee as understand what the law permits or the quality of pain care across our na- having jurisdiction over aging, bio- does not, but when the issue requires tion. medical research and development, an assessment of intent in an area as Some historical context might help handicapped individuals, occupational fraught with nuances and pitfalls as my colleagues and their staff better safety and health, and public health. end of life care then I believe that this understand how the Senate finds itself According to the Senate Manual, the legislation will scare many doctors and in this unfortunate situation, and the jurisdiction of the Judiciary Com- nurses and administrators into inac- important issues that are at stake. On mittee includes bankruptcy, mutiny, tion in the face of pain.’’ two separate occasions, the State of espionage, counterfeiting, civil lib- Dr. Scott Fishman, the Chief of the Oregon passed a ballot measure that erties, constitutional amendments, fed- Division of Pain Medicine and Asso- would allow terminally ill persons, eral courts and judges, government in- ciate Professor of Anesthesiology at with less than six months left to live, formation, holidays and celebrations, the University of California Davis to obtain a physician-assisted suicide if immigration and naturalization, inter- School of Medicine wrote of the Hatch they met a variety of safeguard re- state compacts generally, judicial pro- substitute: ‘‘It is ironic that the ‘Hatch quirements. As a private citizen, I ceedings, local courts in territories and substitute’, which seeks to prevent voted twice with the minority of my possessions, measures relating to physician assisted suicide, will ulti- state in opposition to that measure. claims against the United States, na- mately impair one of the truly effec- In response to Oregon’s vote, several tional penitentiaries, patent office, tive counters to physician assisted sui- of our congressional colleagues, includ- patents, copyrights trademarks, pro- cide, which is swift and effective pain ing Senator NICKLES, Senator LIEBER- tection of trade and commerce against medicine.’’ MAN, and Congressman HENRY HYDE, unlawful restraints and monopolies, re- Dr. Foley, who also assisted the In- promptly undertook legislative and vision and codification of the statutes stitute of Medicine committee that other efforts to overturn Oregon’s law. of the United States, and state and ter- wrote the report ‘‘Approaching Death,’’ I do not, for the purposes of today, de- ritorial boundary lines. further testified that, ‘‘The Pain Relief bate the merits of the Oregon law, or The committee jurisdiction is not a Promotion Act, by expanding the au- the merits of physician-assisted sui- close call, in this case. As the Senate’s thority of the Controlled Substances cide, generally. leading expert on jurisdiction has now Act, will disturb the balance that we The original ‘‘Pain Relief Promotion demonstrated, this bill is fundamen- have worked so hard to create. Physi- Act,’’ S. 1272, was introduced in the tally an issue of medical practice, cian surveys by the New York State Senate by Senator NICKLES, and re- which clearly is within the jurisdiction Department of Health have shown that ferred to the Committee on Health, of the HELP Committee. a strict regulatory environment nega- Education, Labor and Pensions (HELP) Congress has heard conflicting mes- tively impacts physician prescribing on June 23, 1999. That committee held sages from respected medical experts practices and leads them to inten- one inconclusive hearing on October 13, on both sides of this debate about tionally undertreat patients with pain

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4312 CONGRESSIONAL RECORD — SENATE May 23, 2000 because of concern of regulatory over- that so many of our loved ones are so 801), the dispensing and distribution of con- sight.’’ dissatisfied with their end-of-life op- trolled substances for any purpose affect The New England Journal of Medi- tions that they seek physician-assisted interstate commerce. cine editorialized against these legisla- suicide, instead. TITLE I—PROMOTING PAIN MANAGEMENT tive approaches to overturning Or- Whether or not this Congress decides AND PALLIATIVE CARE egon’s law out of concern for its im- to overturn Oregon’s law, I believe it is SEC. 101. ACTIVITIES OF AGENCY FOR pacts on pain management nationwide, critical that whatever we do must re- HEALTHCARE RESEARCH AND QUAL- saying: ‘‘Many doctors are concerned sult in a reduced demand for physician- ITY. Part A of title IX of the Public Health about the scrutiny they invite when assisted suicide, not only in Oregon, Service Act (42 U.S.C. 299 et seq.) is amended they prescribe or administer controlled but across our nation. Many reputable by adding at the end the following: substances and they are hypersensitive experts believe the ‘‘Pain Relief Pro- ‘‘SEC. 903. PROGRAM FOR PAIN MANAGEMENT to ‘drug-seeking behavior’ in patients. motion Act’’ will cause physicians—far AND PALLIATIVE CARE RESEARCH Patients, as well as doctors, often have beyond Oregon’s borders—to provide AND QUALITY. exaggerated fears of addiction and the less aggressive pain care to their suf- ‘‘(a) IN GENERAL.—Subject to subsections side effects of narcotics. Congress fering and dying patients. If this oc- (e) and (f) of section 902, the Director shall could make this bad situation worse.’’ curs, not only will millions of our el- carry out a program to accomplish the fol- It is worth noting that many people lowing: derly and dying constituents suffer ‘‘(1) Promote and advance scientific under- and organizations with expertise in needlessly, we may unwittingly in- standing of pain management and palliative pain management and palliative care crease the demand for suicide at the care. are both opposed to physician assisted end of life. ‘‘(2) Collect and disseminate protocols and suicide and opposed to the Nickles- I urge my colleagues, regardless of evidence-based practices regarding pain Hatch bill. There are over thirty orga- where they stand on the issue of Or- management and palliative care, with pri- nizations representing doctors, phar- egon’s law, to join with me in sup- ority given to pain management for termi- macists, nurses, and patients who op- porting the restoration of the HELP nally ill patients, and make such informa- pose the legislation, including: Amer- tion available to public and private health Committee’s jurisdiction. It would be care programs and providers, health profes- ican Academy of Family Physicians; unconscionable for the Senate to fail to sions schools, and hospices, and to the gen- American Academy of Hospice and Pal- correct an honest mistake that could eral public. liative Medicine, American Academy of contribute to a devastatingly signifi- ‘‘(b) DEFINITION.—In this section, the term Pharmaceutical Physicians; American cant change in health policy. With so ‘pain management and palliative care’ Geriatrics Society; American Nurses much at stake, shouldn’t we follow the means— Association; American Pain Founda- regular order of the Senate? Shouldn’t ‘‘(1) the active, total care of patients whose tion; American Pharmaceutical Asso- we insist that the Senate’s best quali- disease or medical condition is not respon- ciation; American Society for Action sive to curative treatment or whose prog- fied health policy experts fully con- nosis is limited due to progressive, far-ad- on Pain; American Society of Health- sider the complex policy implications vanced disease; and System Pharmacists; American Soci- before taking such an extraordinary ‘‘(2) the evaluation, diagnosis, treatment, ety of Pain Management Nurses; Col- risk for our constituents, our friends, and management of primary and secondary lege on Problems of Drug Dependence; and our families? pain, whether acute, chronic, persistent, in- Hospice and Palliative Nurses Associa- Mr. President, I ask unanimous con- tractable, or associated with the end of life; tion; National Foundation for the sent that the text of the bill be printed the purpose of which is to diagnose and al- Treatment of Pain; Oncology Nursing in the RECORD. leviate pain and other distressing signs and Society; Society of General Internal There being no objection, the bill was symptoms and to enhance the quality of life, not to hasten or postpone death.’’. Medicine; Triumph over Pain Founda- ordered to be printed in the RECORD, as SEC. 102. ACTIVITIES OF HEALTH RESOURCES tion; California Medical Association; follows: AND SERVICES ADMINISTRATION. Massachusetts Medical Society; North S. 2607 (a) IN GENERAL.—Part D of title VII of the Carolina Medical Society; Oregon Med- Be it enacted by the Senate and House of Rep- Public Health Service Act (42 U.S.C. 294 et ical Association; Rhode Island Medical resentatives of the United States of America in seq.) is amended— Association; San Francisco Medical So- Congress assembled, (1) by redesignating sections 754 through ciety; Indiana State Hospice and Pal- SECTION 1. SHORT TITLE. 757 as sections 755 through 758, respectively; liative Care Association; Hospice Fed- This Act may be cited as the ‘‘Pain Relief and Promotion Act of 2000’’. (2) by inserting after section 753 the fol- eration of Massachusetts; Kansas Asso- SEC. 2. FINDINGS. lowing: ciation of Hospices; Maine Hospice Congress finds that— ‘‘SEC. 754. PROGRAM FOR EDUCATION AND Council; Maine Consortium of Pallia- (1) in the first decade of the new millen- TRAINING IN PAIN MANAGEMENT tive Care and Hospice; Missouri Hos- nium there should be a new emphasis on pain AND PALLIATIVE CARE. pice and Palliative Care Association; management and palliative care; ‘‘(a) IN GENERAL.—The Secretary, in con- New Hampshire State Hospice Organi- (2) the use of certain narcotics and other sultation with the Director of the Agency for zation; New Jersey Hospice and Pallia- drugs or substances with a potential for Healthcare Research and Quality, may award tive Care Organization; New York abuse is strictly regulated under the Con- grants, cooperative agreements, and con- trolled Substances Act; tracts to health professions schools, hos- State Hospice Organization; and, Or- (3) the dispensing and distribution of cer- pices, and other public and private entities egon Hospice Association. tain controlled substances by properly reg- for the development and implementation of Physician-assisted suicide is not a istered practitioners for legitimate medical programs to provide education and training cry for help from people experiencing purposes are permitted under the Controlled to health care professionals in pain manage- the failure of patents, copyrights and Substances Act and implementing regula- ment and palliative care. trademarks. Physician-assisted suicide tions; ‘‘(b) PRIORITY.—In making awards under is a cry for help from people who, in (4) the dispensing or distribution of certain subsection (a), the Secretary shall give pri- many cases, are experiencing a failure controlled substances for the purpose of re- ority to awards for the implementation of in the health system. And those fail- lieving pain and discomfort even if it in- programs under such subsection. creases the risk of death is a legitimate med- ‘‘(c) CERTAIN TOPICS.—An award may be ures occur across our nation; not just ical purpose and is permissible under the made under subsection (a) only if the appli- in Oregon. In one study reported in the Controlled Substances Act; cant for the award agrees that the program August 12, 1998, issue of JAMA, over 15 (5) inadequate treatment of pain, espe- to be carried out with the award will include percent of oncologists admitted to par- cially for chronic diseases and conditions, ir- information and education on— ticipating in physician-assisted suicide reversible diseases such as cancer, and end- ‘‘(1) means for diagnosing and alleviating or euthanasia. The February 1997 New of-life care, is a serious public health prob- pain and other distressing signs and symp- England Journal of Medicine published lem affecting hundreds of thousands of pa- toms of patients, especially terminally ill a report finding that 53 percent of phy- tients every year; physicians should not patients, including the medically appro- hesitate to dispense or distribute controlled priate use of controlled substances; sicians in a large, San Francisco-based substances when medically indicated for ‘‘(2) applicable laws on controlled sub- AIDS treatment consortium admitted these conditions; and stances, including laws permitting health assisting in a suicide at least once. (6) for the reasons set forth in section 101 care professionals to dispense or administer Personally, I am troubled and saddened of the Controlled Substances Act (21 U.S.C. controlled substances as needed to relieve

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4313 pain even in cases where such efforts may tionally dispensing, distributing, or admin- SEC. 203. FUNDING AUTHORITY. unintentionally increase the risk of death; istering a controlled substance for the pur- Notwithstanding any other provision of and pose of causing death or assisting another law, the operation of the diversion control ‘‘(3) recent findings, developments, and im- person in causing death. fee account program of the Drug Enforce- provements in the provision of pain manage- ‘‘(2)(A) Notwithstanding any other provi- ment Administration shall be construed to ment and palliative care. sion of this Act, in determining whether a include carrying out section 303(i) of the ‘‘(d) PROGRAM SITES.—Education and train- registration is consistent with the public in- Controlled Substances Act (21 U.S.C. 823(i)), ing under subsection (a) may be provided at terest under this Act, the Attorney General as added by this Act, and subsections (a)(4) or through health professions schools, resi- shall give no force and effect to State law and (c)(2) of section 304 of the Controlled dency training programs and other graduate authorizing or permitting assisted suicide or Substances Act (21 U.S.C. 824), as amended programs in the health professions, entities euthanasia. by this Act. that provide continuing medical education, ‘‘(B) Paragraph (2) applies only to conduct SEC. 204. EFFECTIVE DATE. hospices, and such other programs or sites as occurring after the date of enactment of this The amendments made by this title shall the Secretary determines to be appropriate. subsection. take effect on the date of enactment of this ‘‘(e) EVALUATION OF PROGRAMS.—The Sec- ‘‘(3) Nothing in this subsection shall be Act.∑ retary shall (directly or through grants or construed to alter the roles of the Federal contracts) provide for the evaluation of pro- and State governments in regulating the By Mr. GRASSLEY (for himself grams implemented under subsection (a) in practice of medicine. Regardless of whether and Mr. ROTH): order to determine the effect of such pro- the Attorney General determines pursuant S. 2608. A bill to amend the Internal grams on knowledge and practice regarding to this section that the registration of a Revenue Code of 1986 to provide for the pain management and palliative care. practitioner is inconsistent with the public treatment of certain expenses of rural ‘‘(f) PEER REVIEW GROUPS.—In carrying out interest, it remains solely within the discre- tion of State authorities to determine letter carriers; to the Committee on section 799(f) with respect to this section, Finance. the Secretary shall ensure that the member- whether action should be taken with respect ship of each peer review group involved in- to the State professional license of the prac- LEGISLATION REGARDING THE TAXATION OF cludes individuals with expertise and experi- titioner or State prescribing privileges. RURAL LETTER CARRIERS ence in pain management and palliative care ‘‘(4) Nothing in the Pain Relief Promotion ∑ Mr. GRASSLEY. Mr. President, the for the population of patients whose needs Act of 2000 (including the amendments made U.S. Postal Service provides a vital and are to be served by the program. by such Act) shall be construed— important communication link for the ‘‘(g) DEFINITION.—In this section, the term ‘‘(A) to modify the Federal requirements Nation and the citizens of my state of ‘pain management and palliative care’ that a controlled substance be dispensed Iowa. Rural Letter Carriers play a spe- means— only for a legitimate medical purpose pursu- ant to paragraph (1); or cial role and have a proud history as an ‘‘(1) the active, total care of patients whose important link in assuring the delivery disease or medical condition is not respon- ‘‘(B) to provide the Attorney General with sive to curative treatment or whose prog- the authority to issue national standards for of our mail. Rural Carriers first deliv- nosis is limited due to progressive, far-ad- pain management and palliative care clinical ered the mail with their own horses vanced disease; and practice, research, or quality; and buggies, later with their own mo- ‘‘(2) the evaluation, diagnosis, treatment, except that the Attorney General may take torcycles, and now in their own vehi- and management of primary and secondary such other actions as may be necessary to cles. They are responsible for mainte- pain, whether acute, chronic, persistent, in- enforce this Act.’’. (b) PAIN RELIEF.—Section 304(c) of the Con- nance and operation of their vehicles in tractable, or associated with the end of life; trolled Substances Act (21 U.S.C. 824(c)) is all types of weather and road condi- the purpose of which is to diagnose and al- tions. In the winter, snow and ice is leviate pain and other distressing signs and amended— symptoms and to enhance the quality of life, (1) by striking ‘‘(c) Before’’ and inserting their enemy, while in the spring, the not to hasten or postpone death.’’. the following: melting snow and ice causes potholes ‘‘(c) PROCEDURES.— (b) AUTHORIZATION OF APPROPRIATIONS; AL- and washboard roads. In spite of these ‘‘(1) ORDER TO SHOW CAUSE.—Before’’; and LOCATION.— (2) by adding at the end the following: quite adverse conditions, rural letter (1) IN GENERAL.—Section 758 of the Public ‘‘(2) BURDEN OF PROOF.—At any proceeding carriers daily drive over 3 million Health Service Act (as redesignated by sub- under paragraph (1), where the order to show miles and serve 24 million American section (a)(1) of this section) is amended, in cause is based on the alleged intentions of families on over 66,000 routes. subsection (b)(1)(C), by striking ‘‘sections the applicant or registrant to cause or assist Although the mission of rural car- 753, 754, and 755’’ and inserting ‘‘sections 753, in causing death, and the practitioner claims 754, 755, and 756’’. riers has not changed since the horse a defense under paragraph (1) of section (2) AMOUNT.—With respect to section 758 of and buggy days, the amount of mail 303(i), the Attorney General shall have the the Public Health Service Act (as redesig- they deliver has, as the Nation’s mail burden of proving, by clear and convincing nated by subsection (a)(1) of this section), volume has continued to increase evidence, that the practitioner’s intent was the dollar amount specified in subsection to dispense, distribute, or administer a con- throughout the years, the Postal Serv- (b)(1)(C) of such section is deemed to be in- trolled substance for the purpose of causing ice is now delivering more than 200 bil- creased by $5,000,000. death or assisting another person in causing lion pieces of mail a year. The average SEC. 103. DECADE OF PAIN CONTROL AND RE- death. In meeting such burden, it shall not carrier delivers about 2,300 pieces of SEARCH. be sufficient to prove that the applicant or The calendar decade beginning January 1, mail a day to about 500 addresses. Most registrant knew that the use of controlled 2001, is designated as the ‘‘Decade of Pain recently, e-commerce has changed the substance may increase the risk of death.’’. Control and Research’’. type of mail rural carriers deliver. This SEC. 202. EDUCATION AND TRAINING PROGRAMS. SEC. 104. EFFECTIVE DATE. fact was confirmed in a recent GAO Section 502(a) of the Controlled Substances study entitled ‘‘U.S. Postal Service: The amendments made by this title shall Act (21 U.S.C. 872(a)) is amended— take effect on the date of enactment of this (1) by striking ‘‘and’’ at the end of para- Challenges to Sustaining Performance Act. graph (5); Improvements Remain Formidable on TITLE II—USE OF CONTROLLED SUB- (2) by striking the period at the end of the Brink of the 21st Century,’’ dated STANCES CONSISTENT WITH THE CON- paragraph (6) and inserting ‘‘; and’’; and October 21, 1999. As this report ex- TROLLED SUBSTANCES ACT (3) by adding at the end the following: plains, the Postal Service expects de- SEC. 201. REINFORCING EXISTING STANDARD ‘‘(7) educational and training programs for clines in its core business, which is es- FOR LEGITIMATE USE OF CON- Federal, State, and local personnel, incor- sentially letter mail, in the coming TROLLED SUBSTANCES. porating recommendations, subject to the years. The growth of e-mail on the (a) IN GENERAL.—Section 303 of the Con- provisions of subsections (e) and (f) of sec- trolled Substances Act (21 U.S.C. 823) is tion 902 of the Public Health Service Act, by Internet, electronic communications, amended by adding at the end the following: the Secretary of Health and Human Services, and electronic commerce has the po- ‘‘(i)(1) For purposes of this Act and any on the means by which investigation and en- tential to substantially affect the Post- regulations to implement this Act, alle- forcement actions by law enforcement per- al Service’s mail volume. First-Class viating pain or discomfort in the usual sonnel may better accommodate the nec- mail has always been the bread and course of professional practice is a legiti- essary and legitimate use of controlled sub- butter of the Postal Service’s revenue, mate medical purpose for the dispensing, dis- stances in pain management and palliative but the amount of revenue from First- tributing, or administering of a controlled care. substance that is consistent with public Nothing in this subsection shall be construed Class letters will decline in the next health and safety, even if the use of such a to alter the roles of the Federal and State few years. However, e-commerce is pro- substance may increase the risk of death. governments in regulating the practice of viding the Postal Service with another Nothing in this section authorizes inten- medicine.’’. opportunity to increase another part of

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4314 CONGRESSIONAL RECORD — SENATE May 23, 2000 its business. That’s because what indi- cles, such as Sports Utility Vehicles billion dollars a year, and is authorized viduals and companies order over the (SUVs), to handle the increase in par- to withhold a percentage of the funds Internet must be delivered, sometimes cel loads. Large SUVs are much more for administration of the program. by the Postal Service and often by expensive than traditional vehicles, so This is how it should be. However, rural carriers. Currently, the Postal without the ability to use the actual thanks to the thorough oversight of Service has about 33% percent of the expense method and depreciation, rural the program by Mr. YOUNG of Alaska, parcel business. Carriers are now deliv- carriers must use their salaries to Chairman of the House Committee on ering larger volumes of business mail, cover vehicle expenses. Additionally, Resources, it was uncovered that the parcels, and priority mail packages. the Postal Service has placed 11,000 U.S. Fish and Wildlife Service, the But, more parcel business will mean postal vehicles on rural routes, which agency charged with administering the more cargo capacity will be necessary means those carriers receive no EMA. program, abused the vagueness of the in postal delivery vehicles, especially These developments have created a law in exactly what constituted an ad- in those owned and operated by rural situation that is contrary to the his- ministrative expense. letter carriers. torical congressional intent of using Under current law, the Service is au- When delivering greeting cards or reimbursement to fund the government thorized to withhold approximately $32 bills, or packages ordered over the service of delivering mail, and also has million a year to administer the pro- Internet, Rural Letter Carriers use ve- created an inequitable tax situation for gram and, quite frankly, the law leaves hicles they currently purchase, operate rural carriers. If actual business ex- it up to the Service as to what is an ap- and maintain. In exchange, they re- penses exceed the EMA, a deduction for propriate administrative expense. Mr. ceive a reimbursement from the Postal those expenses should be allowed. To YOUNG discovered that the Service was Service. This reimbursement is called correct this inequity, I am introducing spending this money on expenses that an Equipment Maintenance Allowance a bill today, along with Senator ROTH, were outside the spirit of the law. (EMA). Congress recognizes that pro- that would reinstate the ability of a These tax dollars paid by hunters and viding a personal vehicle to deliver the rural letter carrier to choose between fishermen were being used for every- U.S. Mail is not typical vehicle use. So, using the actual expense method for thing from foreign travel to grants to when a rural carrier is ready to sell computing the deduction allowable for anti-hunting groups to endangered spe- such a vehicle, it’s going to have little business use of a vehicle, or using the cies programs that work against the trade-in value because of the typically current practice of deducting the reim- interests of hunters. In addition, they high mileage, extraordinary wear and bursed EMA expenses. created unauthorized grant programs, tear, and the fact that it is probably Rural carriers perform a necessary some of which have merit and are au- right-hand drive. Therefore, Congress and valuable service and face many thorized in our bill, but all of which intended to exempt the EMA allowance changes and challenges in this new were created outside of the law. Mr. President, I am not going to re- from taxation in 1988 through a specific Internet era. Let us make sure that hash all of the hearings that were held provision for rural mail carriers in the these public servants receive fair and in the House on this issue. What I will Technical and Miscellaneous Revenue equitable tax treatment as they per- say is that it was an embarrassment to Act of 1988. That provision allowed an form their essential role in fulfilling the U.S. Fish and Wildlife Service, and, employee of the U.S. Postal Service the Postal Service’s mandate of bind- not until all but two members of the who was involved in the collection and ing the Nation together. I urge my colleagues to join Senator House supported legislation to fix the delivery of mail on a rural route, to ROTH and myself in supporting this leg- problems did the Service begin cooper- compute their business use mileage de- islation.∑ ating with Congress and admitting duction as 150% percent of the standard there were actions at the Service which mileage rate for all business use mile- By Mr. CRAIG (for himself and they are not proud of. age. As an alternative, rural carrier Mr. CRAPO): In response to the waste, fraud, and taxpayers could elect to utilize the ac- S. 2609. A bill to amend the Pittman- abuse uncovered by his Committee, Mr. tual expense method (business portion Robertson Wildlife Restoration Act and YOUNG introduced legislation to fix the of actual operation and maintenance of the Dingell-Johnson Sport Fish Res- problems. His legislation caps the ad- the vehicle, plus depreciation). If EMA toration Act to enhance the funds ministrative expenses at around half of exceeded the allowable vehicle expense available for grants to States for fish the currently authorized level, sets in deductions, the excess was subject to and wildlife conservation projects, and stone what is an authorized adminis- tax. If EMA fell short of the allowable to increase opportunities for rec- trative expense, provides some specific vehicle expenses, a deduction was al- reational hunting, bow hunting, trap- money for hunter safety, authorizes a lowed only to the extent that the sum ping, archery, and fishing, by elimi- multi-state grant program, and creates of the shortfall and all other miscella- nating chances for waste, fraud, abuse, a position of Assistant Director for neous itemized deductions exceeded maladministration, and unauthorized Wildlife and Sport Fish Restoration two percent of the taxpayer’s adjusted expenditures for administration and Programs. His bill, H.R. 3671, passed gross income. implementation of those acts, and for the House on April 5th with an over- The Taxpayers Relief Act of 1997 fur- other purposes; to the Committee on whelming vote of 423–2. ther simplified the tax returns of rural Environment and Public Works. Mr. President, Senator CRAPO and I letter carriers. This act permits the THE WILDLIFE AND SPORT FISH RESTORATION have taken the lead of the House by EMA income and expenses ‘‘to wash,’’ PROGRAMS IMPROVEMENT ACT OF 2000 using their bill as a model and simply so that neither income nor expenses ∑ Mr. CRAIG. Mr. President, I rise strengthened it for the sportsmen who would have to be reported on a rural today to introduce legislation along pay the excise tax. By providing more letter carrier’s return. That simplified with my colleague from Idaho, Senator money, $15 million per year, for hunter taxes for approximately 120,000 tax- CRAPO, that will eliminate government safety programs and providing a total payers, but the provision eliminated waste, conserve wildlife, and provide of $7 million per year, $2 million more the option of filing the actual expense hunter safety opportunities. than the House, for the Multi-State method for employee business vehicle We are all familiar with the Pittman- Conservation Grant Program, this bill expenses. Robertson and Dingell-Johnson funds ensures that the money that sportsmen The lack of this option, combined which impose an excise tax on fire- pay for wildlife conservation and hun- with the dramatic changes the Internet arms, archery equipment, and fishing ter safety is actually used for those has and will have on the mail, specifi- equipment to conserve wildlife and pro- purposes. cally on rural carriers and their vehi- vide funds to states for hunter safety Mr. President, this is a win-win for cles, is a problem I believe Congress programs. These funds were created everyone—for wildlife and for tax pay- can and must address. decades ago with the support of both ers—and I urge my colleagues to sup- The mail mix is changing and already the sportsmen who pay the tax and the port it and work for its quick enact- Postal Service management has, under- states who administer the projects. ment.∑ standably, encouraged rural carriers to The federal government collects the Mr. CRAPO. Mr. President, I rise purchase larger right-hand drive vehi- tax, which amounts to around half-a- today to introduce the Wildlife and

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4315 Sport Fish Restoration Programs Im- Unfortunatly, these funds have been cause they practice inefficient, high provement Act of 2000 with my col- misdirected and misused by the Fish cost medicine. The opposite is true. league, Senator LARRY CRAIG, to bring and Wildlife Service. Through their in- The low payment rates received in accountability back to the U.S. Fish vestment in the Federal Aid program, rural areas are in large part a result of and Wildlife Service’s administration America’s hunters and fisherman have their historic conservative practice of of the Pittman-Robertson Wildlife Res- proved themselves to be our nation’s health care. In the early 1980’s rural toration Act and the Dingell-Johnson true conservationists. Through its mis- states’ lower-than-average costs were Sportfish Restoration Act. For years, use of these funds, the Fish and Wild- used to justify lower payment rates, the Fish and Wildlife Service has ap- life Service has proven itself to be a and Medicare’s payment policies since parently misused millions of dollars negligent steward of the public trust. that time have only widened the gap from these accounts, betraying the The Wildlife and Sport Fish Restora- between low- and high-cost states. trust of America’s sportsman. tion Programs Improvement Act, Mr. President, late last year I wrote Congressional investigations and a would restore accountability to the ad- to the Health Care Financing Adminis- General Accounting Office audit of the ministration of Federal Aid funds. By tration (HCFA) and I asked them a U.S. Fish and Wildlife Service have re- limiting the amount of revenue that simple question. I asked their actuaries vealed that, contrary to existing law, may be used on administration, and to estimate for me the impact on Medi- money has been routinely diverted to the accounts that these funds may be care’s Trust Funds, which at that time administrative slush funds, withheld used for, this bill will reign in the op- were scheduled to go bankrupt in 2015, from states, and generally misused for portunities for misuse by the Fish and if average Medicare payments to all purposes unrelated to either Wildlife Service. Our legislation will states were the same as Iowa’s. sportfishing or wildlife conservation. also make legal a multi-state conserva- I’ve always thought Iowa’s reim- In addition, the GAO called the Divi- tion grant program to allow stream- bursement level was low. But HCFA’s sion of Federal Aid, ‘‘if not the worst, lined funding for projects that involve answer suprised even me. The actuaries one of the worst-managed programs we multiple states. Additionally, the bill found that if all states were reimbursed have encountered.’’ As an avid out- will increase funding for firearm and at the same rate as Iowa, Medicare doorsman, I am particularly disturbed bow hunter safety programs. would be solvent for at least 75 years, by this abuse. This bill seeks to re-establish a trust Since 1937, sportsman have willingly 60 years beyond their projections. between the hunters and anglers who I’m not suggesting that all states paid an excise tax on hunting, and pay the excise taxes and the federal should be brought down to Iowa’s level. later fishing, equipment. These hunt- government. It is an opportunity to re- But there is no question that the long- ers, shooters, and anglers paid this tax pair a system that has been lauded as term solvency of the Medicare program with the understanding that the money one of the nation’s most successful would be used for state fish and wildlife is of serious national concern. And as conservation efforts. I hope my col- Congress considers ways to strengthen conservation programs. This partner- leagues will join with us in a bipartisan ship has been instrumental in pro- and modernize the Medicare program, effort to restore accountability and re- the issue of unfair payment rates needs viding generations of Americans a sponsibility to the Federal Aid pro- quality recreational experience. to be on the table. grams and the Fish and Wildlife Serv- The bill we are introducing today, Through the years, it has been an expe- ice. rience that I have enjoyed with both the ‘‘Medicare Fairness in Reimburse- my parents and my children. By Mr. HARKIN (for himself, Mr. ment Act of 2000’’ sends a clear signal. The Federal Aid in Wildlife Restora- THOMAS, Mr. CRAIG, and Mr. These historic wrongs must be righted. tion Program, commonly known as the FEINGOLD): Before any Medicare reform bill passes Pittman-Robertson Act, provides fund- S. 2610. A bill to amend title XVIII of Congress, I intend to make sure that ing for wildlife habitat restoration and the Social Security Act to improve the rural beneficiaries are guaranteed ac- improvement, wildlife management re- provision of items and services pro- cess to the same quality health care search, hunter education, and public vided to Medicare beneficiaries resid- services of their urban counterparts. target ranges. Funds for the Pittman- ing in rural areas; to the Committee on Mr. President, our legislation does Robertson Act are derived from an 11 Finance. the following: percent excise tax on sporting arms, THE MEDICARE FAIRNESS IN REIMBURSEMENT Requires HCFA to improve the fair- ammunition, and archery equipment, ACT OF 2000 ness of payments under the original and a 10 percent tax on handguns. ∑ Mr. HARKIN. Mr. President, I am Medicare fee-for-services system by ad- The Federal Aid in Sport Fish Res- pleased to be joined today by my col- justing payments for items and serv- toration Program, often referred to as leagues, Senator THOMAS, Senator ices so that no state is greater than the Dingell-Johnson and Wallop- CRAIG and Senator FEINGOLD, to intro- 105% above the national average, and Breaux Acts, is funded through a 10 duce the ‘‘Medicare Fairness in Reim- no state is below 95% of the national percent excise tax on fishing equip- bursement Act of 2000.’’ This legisla- average. An estimated 30 states would ment and a 3 percent tax on electric tion addresses the terrible unfairness benefit under these adjustments, based trolling motors, sonor fish finders, that exists today in Medicare payment on 1998 data from the Ways and Means taxes on motorboat fuels, and import policy. Green Book. duties on fishing and pleasure boats. According to the latest Medicare fig- Requires improvements in the collec- Through the cost reimbursement pro- ures, Medicare payments per bene- tion and use of hospital wage data by gram, states use these funds to en- ficiary by state of residence ranged occupational category. Experts agree hance sport fishing. These enhance- from slightly more than $3000 to well in the current system of collecting hos- ments come through fish stocking, ac- excess of $6500. For example, in Iowa, pital data ‘‘lowballs’’ the payment re- quisition and improvement of habitat the average Medicare payment was ceived by rural hospitals. Large urban educational programs, and develop- $3456, nearly a third less than the na- hospitals are overcompensated today ment of recreational facilities that di- tional average of $5,034. In Wyoming because they have a much higher num- rectly support sport fishing, such as the situation is worse, with an average ber of highly-paid specialists and sub- boat ramps and fishing piers. payment of approximately $3200. specialists on their staff, while small Under the law, revenue from these This payment inequity is unfair to rural hospitals tend to have more gen- taxes are expected to be returned to seniors in Iowa and Wyoming, and it is eralists, who aren’t as highly paid. state and local fish and game organiza- unfair to rural beneficiaries every- Ensures that beneficiaries are held tions for programs to manage and en- where. The citizens of my home state harmless in both payments and serv- hance sport fish and game species. The pay the same Medicare payroll taxes ices. Fish and Wildlife Service is supposed required of every American taxpayer. Ensures budget neutrality. to deduct only the cost of admin- Yet they get dramatically less in re- Automatically results in adjustment istering the programs, up to 8 percent turn. of Medicare managed care payments to of Pittman-Robertson revenues and 6 Ironically, rural citizens are not pe- reflect increased equity between rural percent of Dingell-Johnson funds. nalized by the Medicare program be- and urban areas.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4316 CONGRESSIONAL RECORD — SENATE May 23, 2000 This legislation simply ensures basic equal to the average of the State average per This bill directs the Secretary of the fairness in our Medicare payment pol- beneficiary amounts determined under sub- Department of Health and Human icy. I urge my Senate colleagues, no paragraph (B) for the year. Services to establish a payment system matter what state you’re from, to con- ‘‘(3) DEFINITIONS.—In this section: for Medicare’s Part A and B fee-for- ‘‘(A) APPLICABLE PAYMENTS.—The term ‘ap- sider our bill and join us in supporting plicable payments’ means payments made to service programs that guarantees each this common sense Medicare reform. entities and individuals for items and serv- state’s average per beneficiary amount Thank you. ices provided under the original medicare is within 95 percent and 105 percent of Mr. President, I ask unanimous con- fee-for-service program under parts A and B the national average. The reason for sent that the text of our bill be printed to beneficiaries enrolled under such parts this seemingly drastic action is be- in the RECORD. that reside in the State. cause the current payment disparities There being no objection, the bill was ‘‘(B) STATE.—The term ‘State’ has the between states is unacceptable. Ac- ordered to be printed in the RECORD, as meaning given such term in section 210(h). cording to 1998 data, Wyoming’s per ‘‘(c) BENEFICIARIES HELD HARMLESS.—The follows: provisions of this section shall not effect— beneficiary spending is 36 percent S. 2610 ‘‘(1) the entitlement to items and services below the national average of $5,000 Be it enacted by the Senate and House of Rep- of a beneficiary under this title, including while some other states receive almost resentatives of the United States of America in the scope of such items and services; or 36 percent above the national average. Congress assembled, ‘‘(2) any liability of the beneficiary with Mr. President, I understand that respect to such items and services. SECTION 1. SHORT TITLE. there are some legitimate cost dif- This Act may be cited as the ‘‘Medicare ‘‘(d) REGULATIONS.— Fairness in Reimbursement Act of 2000’’. ‘‘(1) IN GENERAL.—The Secretary, in con- ferences among states in providing SEC. 2. IMPROVING FAIRNESS OF PAYMENTS sultation with the Medicare Payment Advi- health care services to our seniors, but UNDER THE MEDICARE FEE-FOR- sory Commission, shall promulgate regula- I do not believe there is justification SERVICE PROGRAM. tions to carry out this section. for an inequity of this size. Seniors in (a) Title XVIII of the Social Security Act ‘‘(2) PROTECTING RURAL COMMUNITIES.—In Wyoming and other rural states have (42 U.S.C. 1395 et seq.) is amended by adding promulgating the regulations pursuant to paid the same Medicare tax over the paragraph (1), the Secretary shall give spe- at the end the following new sections: years as beneficiaries residing in urban ‘‘IMPROVING FAIRNESS OF PAYMENTS UNDER cial consideration to rural areas. ‘‘(e) BUDGET NEUTRALITY.—The Secretary states. However, the current Medicare THE ORIGINAL MEDICARE FEE-FOR-SERVICE shall ensure that the provisions contained in payment system does not reflect the PROGRAM this section do not cause the estimated equal contributions made by all sen- ‘‘SEC. 1897. (a) ESTABLISHMENT OF SYS- amount of expenditures under this title for a iors. TEM.—Notwithstanding any other provision year to increase or decrease from the esti- of law, the Secretary shall establish a sys- mated amount of expenditures under this The other section of this legislation tem for making adjustments to the amount title that would have been made in such year requires the Secretary to make adjust- of payment made to entities and individuals if this section had not been enacted. ments to the hospital wage index under for items and services provided under the ‘‘IMPROVEMENTS IN COLLECTION AND USE OF the prospective payment system after original medicare fee-for-service program HOSPITAL WAGE DATA developing and implementing improved under parts A and B. ‘‘SEC. 1898. (a) COLLECTION OF DATA.— methods for collecting the necessary ‘‘(b) SYSTEM REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(1) ADJUSTMENTS.—Under the system de- hospital employee data. tablish procedures for improving the meth- scribed in subsection (a), the Secretary (be- I believe this legislation is an impor- ods used by the Secretary to collect data on ginning in 2001) shall make the following ad- employee compensation and paid hours of tant piece of the overall Medicare re- justments: employment for hospital employees by occu- form puzzle. I feel strongly that any ‘‘(A) CERTAIN STATES ABOVE NATIONAL AV- pational category. final legislation approved by the Sen- ERAGE.—If a State average per beneficiary ‘‘(2) TIMEFRAME.—The Secretary shall im- ate to ensure Medicare is financially amount for a year is greater than 105 percent plement the procedures described in para- (or 110 percent in the case of the determina- stable for current and future genera- graph (1) by not later than 180 days after the tion made in 2000) of the national average tions must also ensure all beneficiaries date of enactment of the Rural Health Pro- per beneficiary amount for such year, then are treated fairly and equitably. Mr. tection and Improvement Act of 2000. the Secretary shall reduce the amount of ap- President, the current system is not ‘‘(b) ADJUSTMENT TO HOSPITAL WAGE plicable payments in such a manner as will LEVEL.—By not later than 1 year after the only far from long-term solvency, it is result (as estimated by the Secretary) in the date of enactment of the Rural Health Pro- far from fair, especially to seniors liv- State average per beneficiary amount for the tection and Improvement Act of 2000, the ing in rural states such as Wyoming.’’∑ subsequent year being at 105 percent (or 110 Secretary shall make necessary revisions to percent in the case of payments made in the methods used to adjust payments to hos- By Mr. LEVIN: 2001) of the national average per beneficiary pitals for different area wage levels under amount for such subsequent year. section 1886(d)(3)(E) to ensure that such S. 2611. A bill to provide trade adjust- ‘‘(B) CERTAIN STATES BELOW NATIONAL AV- methods take into account the data de- ment assistance for certain workers; to ERAGE.—If a State average per beneficiary scribed in subsection (a)(1). the Committee on Finance. amount for a year is less than 95 percent (or ‘‘(c) LIMITATION.—To the extent possible, in 90 percent in the case of the determination making the revisions described in subsection TRADE ADJUSTMENT ASSISTANCE LEGISLATION made in 2000) of the national average per (b), the Secretary shall ensure that current ∑ Mr. LEVIN. Mr. President, I rise beneficiary amount for such year, then the rules regarding which hospital employees are today to introduce a bill that will close Secretary shall increase the amount of appli- included in, or excluded from, the determina- a loop hole in the Trade Adjustment cable payments in such a manner as will re- tion of the hospital wage levels are not ef- Assistance program for employees of sult (as estimated by the Secretary) in the fected by such revisions. State average per beneficiary amount for the ‘‘(d) BUDGET NEUTRALITY.—The Secretary the Copper Range Company, formerly subsequent year being at 95 percent (or 90 shall ensure that any revisions made under the White Pine Company, a copper percent in the case of payments made in subsection (b) do not cause the estimated mine in White Pine, Michigan. My leg- 2001) of the national average per beneficiary amount of expenditures under this title for a islation will extend TAA benefits to amount for such subsequent year. year to increase or decrease from the esti- those employees who were responsible ‘‘(2) DETERMINATION OF AVERAGES.— mated amount of expenditures under this for performing the environmental re- ‘‘(A) STATE AVERAGE PER BENEFICIARY title that would have been made in such year if the Secretary had not made such revi- mediation that was required to close AMOUNT.—Each year (beginning in 2000), the the facility. Secretary shall determine a State average sions.’’.∑ per beneficiary amount for each State which ∑ Mr. THOMAS. Mr. President, I rise My legislation is needed because shall be equal to the Secretary’s estimate of today to join my colleagues in intro- these employees were unfairly excluded the average amount of expenditures under ducing the ‘‘Medicare Fairness in Re- from the TAA certification that ap- the original medicare fee-for-service pro- imbursement Act of 2000,’’ which spe- plied to other workers at the facility gram under parts A and B for the year for a cifically addresses the current pay- simply because the service they pro- beneficiary enrolled under such parts that vide, environmental remediation, does resides in the State ment inequities of the Medicare pro- ‘‘(B) NATIONAL AVERAGE PER BENEFICIARY gram. I am pleased to have worked not technically support the production AMOUNT.—Each year (beginning in 2000), the with Mr. HARKIN, Mr. CRAIG, and Mr. of the article that the mine produced: Secretary shall determine the national aver- FEINGOLD in crafting this bill for rural copper. My legislation simply extends age per beneficiary amount which shall be Medicare beneficiaries. TAA coverage to those few workers

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4317 who remained at the facility with re- THE ECSTASY ANTI-PROLIFERATION ACT OF 2000 to the potential punishment, it is easy sponsibility for the environmental re- ∑ Mr. GRAHAM. Mr. President, I rise to see what makes Ecstasy extremely mediation necessary to close the facil- today, along with my colleagues, to in- attractive to professional smugglers. ity. troduce the Ecstasy Anti-Proliferation Mr. President, the Ecstasy Anti-Pro- The Copper Range Company received Act of 2000—legislation to combat the liferation Act of 2000 addresses this NAFTA–TAA certification in 1995 when recent rise in trafficking, distribution growing and disturbing problem. First, it began closing down. The company and abuse of MDMA, a drug commonly the bill increases the base level offense was still in the process of closing down known as Ecstasy. for Ecstasy-related crimes, making in 1997 and received re-certification at The Office of National Drug Control them equal to those of methamphet- that time. As of the end of 1999, there Policy’s Year 2000 Annual Report on amine. This provision also accom- were still workers at the plant engaged the National Drug Control Strategy plishes the goal of effectively lowering in the final stages of closing down. clearly states that the use of Ecstasy is the amount of Ecstasy required for Their work consisted of environmental on the rise in the United States, par- prosecution under the laws governing remediation. When the plant applied ticularly among teenagers and young possession with the intent to distribute for re-certification in September for professionals. My state of Florida has by sending a message to Federal pros- purposes of covering these workers, the been particularly hard hit by this ecutors that this drug is a serious Department of Labor (DoL) denied the plague. Ecstasy is customarily sold and threat. request because DoL said that the re- consumed at ‘‘raves,’’ which are semi- Second, by addressing law enforce- maining workers were not performing a clandestine, all-night parties and con- ment and community education pro- job ending because of transplant to an- certs. Young Americans are lulled into grams, this bill will provide for an Ec- other NAFTA country; they were per- a belief that Ecstasy, and other de- stasy information campaign. Through forming environmental remediation, signer drugs are ‘‘safe’’ ways to get this campaign, our hope is that Ec- not production of copper. high, escape reality, and enhance inti- stasy will soon go the way of crack, Mr. President, this is an unfair macy in personal relationships. The which saw a dramatic reduction in the catch-22 situation that must be rec- drug traffickers make their living off quantities present on our streets after tified legislatively. The legislation I of perpetuating and exploiting this information of its unpredictable impu- am introducing today would provide myth. rities and side effects were made those few employees involved in the Mr. President, I want to be perfectly known to a wide audience. By using final stages of closing down the mine clear in stating that Ecstasy is an ex- this educational effort we hope to with the same TAA benefits their co- tremely dangerous drug. In my state avoid future deaths like the one col- workers received. The total number of alone, 189 deaths have been attributed umnist Jack Newfield wrote about in workers at issue is small and my legis- to the use of club drugs in the last saddening detail. three years. In 33 of those deaths, Ec- lative fix is straightforward. I hope It involved an 18-year-old who died stasy was the most prevalent drug, of this legislation can be adopted quickly after taking Ecstasy in a club where several, in the individual’s system. so that these Michigan workers who the drug sold for $25 a tablet and water Seven deaths were caused by Ecstasy have fallen through the cracks can ac- for $5 a bottle. Newfield speaks of how alone. In the first four months of this cess the TAA benefits they rightfully the boy tried to suck water from the year there have already been six deaths deserve. club’s bathroom tap that had been I ask unanimous consent that the bill directly attributed to Ecstasy. This turned off so that those with drug in- be printed in its entirety in the drug is a definite killer. duced thirst would be forced to buy the RECORD Numerous data also reflect the in- . bottled water. There being no objection, the bill was creasing availability of Ecstasy in met- Mr. President, the Ecstasy Anti-Pro- ordered to be printed in the RECORD, as ropolitan centers and suburban com- follows: munities. In a speech to the Federal liferation Act of 2000 can only help in our fight against drug abuse in the S. 2611 Law Enforcement Foundation earlier United States. We urge our colleagues Be it enacted by the Senate and House of Rep- this year, Customs Commissioner Ray- mond Kelly stated that in the first few in the Senate to join us in this impor- resentatives of the United States of America in ∑ Congress assembled, months of fiscal year 2000, the Customs tant effort by cosponsoring this bill. ∑ SECTION 1. TRADE ADJUSTMENT ASSISTANCE. Service had already seized over four Mr. GRASSLEY. Mr. President, I am (a) CERTIFICATION OF ELIGIBILITY FOR million Ecstasy tablets. He estimates pleased to be joining my colleague, WORKERS REQUIRED FOR CLOSURE OF FACIL- that the number will grow to at least Senator GRAHAM, to cosponsor the Ec- ITY.— eight million tablets by the end of the stasy Anti-Proliferation Act of 2000. (1) IN GENERAL.—Notwithstanding any year which represents a substantial in- This legislation is vital for the safety other provision of law or any decision by the of our children and our nation. Around Secretary of Labor denying certification or crease from the 500,000 tablets seized in eligibility for certification for adjustment fiscal year 1997. the country, Ecstasy use is exploding assistance under title II of the Trade Act of The lucrative nature of Ecstasy en- at an alarming rate from our big cities 1974, a qualified worker described in para- courages its importation. Production to our rural neighborhoods. According graph (2) shall be certified by the Secretary costs are as low as two to twenty-five to Customs officials, Ecstasy is spread- as eligible to apply for adjustment assist- cents per dose while retail prices in the ing faster than any drug since crack ance under such title II. U.S. range from twenty dollars to cocaine. This explosion of Ecstasy (2) QUALIFIED WORKER.—For purposes of forty-five dollars per dose. Manufac- smuggling has prompted Customs to this subsection, a ‘‘qualified worker’’ means create a special task force, that focuses a worker who— tured mostly in Europe—in nations (A) was determined to be covered under such as The Netherlands, Belgium, and exclusively on the designer drug. Trade Adjustment Assistance Certification Spain where pill presses are not con- Along with my colleague Senator TA–W–31,402; and trolled as they are in the U.S.—Ecstasy GRAHAM, I believe it is important that (B) was necessary for the environmental has erased all of the old routes law en- we act to stop the spread of this drug. remediation or closure of a copper mining fa- forcement has mapped out for the I join with Senator GRAHAM in urging cility. smuggling of traditional drugs. our colleagues to support the Ecstasy (b) EFFECTIVE DATE.—The amendment Anti-Proliferation Act of 2000, and pass made by this section shall take effect on the Under current federal sentencing date of enactment of this Act.∑ guidelines, one gram of Ecstasy is this measure quickly. By enacting this equivalent to only 35 grams of mari- important bill, we will get drug dealers By Mr. GRAHAM (for himself, juana. In contrast, one gram of meth- out of the lives of our young people and Mr. GRASSLEY, Mr. THOMAS, Mr. amphetamine is equivalent to two kilo- alert the public to the dangers of Ec- BIDEN, and Mr. BAYH): grams of marijuana. This results in rel- stasy.∑ S. 2612. A bill to combat Ecstasy traf- atively short periods of incarceration Mr. BIDEN. Mr. President, there is a ficking, distribution, and abuse in the for individuals sentenced for Ecstasy- new drug on the scene—Ecstasy, a syn- United States, and for other purposes; related crimes. When the potential thetic stimulant and hallucinogen. It to the Committee on the Judiciary. profitability of this drug is compared belongs to a group of drugs referred to

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4318 CONGRESSIONAL RECORD — SENATE May 23, 2000 as ‘‘club drugs’’ because they are asso- But the current sentencing guide- off-road tires that fall between the ciated with all-night dance parties lines do not recognize how dangerous sizes currently fabricated in the United known as ‘‘raves.’’ Ecstasy really is. States. These tires would be used pri- There is a widespread misconception Under current federal sentencing marily in agriculture. that Ecstasy is not a dangerous drug— guidelines, one gram of Ecstasy is Mr. President, suspending the duty that it is ‘‘no big deal.’’ I am here to treated like 35 grams of marijuana. on this manufacturing equipment will tell you that Ecstasy is a very big deal. Under the ‘‘Ecstasy Anti-Proliferation benefit the consumer by stabilizing the The drug depletes the brain of sero- Act’’, one gram of Ecstasy would be costs of manufacturing these products. tonin, the chemical responsible for treated like 2 kilograms of marijuana. In addition to permitting new produc- mood, thought, and memory. Studies This would make the penalties for Ec- tion in this country, these duty suspen- show that Ecstasy use can reduce sero- stasy similar to those for methamphet- sions will allow U.S. manufacturers to tonin levels by up to 90 percent for at amine. maintain or improve their ability to least two weeks after use and can cause The legislation also authorizes a compete internationally. I hope the brain damage. major prevention campaign in schools, Senate will consider this measure expe- If that isn’t a big deal, I don’t know communities and over the airwaves to ditiously. what is. make sure that everyone—kids, adults, I ask unanimous consent that the A few months ago we got a signifi- parents, teachers, cops, clergy, etc. text of this bill be printed in the CON- cant warning sign that Ecstasy use is —know just how dangerous this drug GRESSIONAL RECORD. becoming a real problem. The Univer- really is. We need to dispel the myth There being no objection, the bill was sity of Michigan’s Monitoring the Fu- that Ecstasy is not a dangerous drug ordered to be printed in the RECORD, as ture survey, a national survey meas- because, as I stated earlier, this is a follows: uring drug use among students, re- substance that can cause brain damage S. 2614 ported that while overall levels of drug and can even result in death. We need Be it enacted by the Senate and House of Rep- use had not increased, past month use to spread the message so that kids resentatives of the United States of America in of Ecstasy among high school seniors know the risk involved with taking Ec- Congress assembled, increased more than 66 percent. stasy, what it can do to their bodies, SECTION 1. SUSPENSION OF DUTY ON CERTAIN The survey showed that nearly six their brains, their futures. Adults also MANUFACTURING EQUIPMENT. percent of high school seniors have need to be taught about this drug— (a) IN GENERAL.—Subheadings 9902.84.79, used Ecstasy in the past year. This 9902.84.83, 9902.84.85, 9902.84.87, 9902.84.89, and what it looks like, what someone high 9902.84.91 of the Harmonized Tariff Schedule may sound like a small number, so let on Ecstasy looks like, and what to do if of the United States are each amended— me put it in perspective—it is just they discover that someone they know (1) by striking ‘‘4011.91.50’’ each place it ap- slightly less than the percentage of is using it. pears and inserting ‘‘4011.91’’; seniors who used cocaine and it is five Mr. President, I have come to the (2) by striking ‘‘4011.99.40’’ each place it ap- times the number of seniors who used floor of the United States Senate on pears and inserting ‘‘4011.99’’; and heroin. numerous occasions to state what I (3) by striking ‘‘86 cm’’ each place it ap- And with the supply of Ecstasy in- view as the most effective way to pre- pears and inserting ‘‘63.5 cm’’. creasing as rapidly as it is, the number (b) EFFECTIVE DATE.—The amendments vent a drug epidemic. My philosophy is made by subsection (a) apply with respect to of kids using this drug is only likely to simple: the best time to crack down on goods entered, or withdrawn from warehouse increase. By April of this year, the Cus- a drug with uncompromising enforce- for consumption, on or after the date that is toms Service had already seized 4 mil- ment pressure is before the abuse of 15 days after the date of enactment of this lion Ecstasy pills—greater than the the drug has become rampant. The ad- Act. total amount seized in all of 1999 and vantages of doing so are clear—there more than five times the amount seized are fewer pushers trafficking in the By Mr. KENNEDY (for himself in all of 1998. drug and, most important, fewer lives and Mrs. HUTCHISON): Though New York is the East Coast and fewer families will have suffered S. 2615. A bill to establish a program hub for this drug, it is spreading quick- from the abuse of the drug. to promote child literacy by making ly throughout the country. Last July, It is clear that Ecstasy use is on the books available through early learning in my home state of Delaware, law en- rise. Now is the time to act before Ec- and other child care programs, and for forcement officials seized 900 Ecstasy stasy use becomes our next drug epi- other purposes; to the Committee on pills in Rehoboth Beach. There are also demic. I urge my colleagues to join me Health, Education, Labor, and Pen- reports of an Ecstasy problem in New- in supporting this legislation and pass- sions. ark among students at the University ing it quickly so that we can address THE BOOK STAMP ACT of Delaware. the escalating problem of Ecstasy use ∑ Mr. KENNEDY. Mr. President, lit- We need to address this problem now, before it gets any worse. eracy is the foundation of learning, but before it gets any worse. That is why I too many Americans today are not able am pleased to join Senators GRAHAM, By Mr. THURMOND (for himself to read a single sentence. Nearly 40 GRASSLEY and THOMAS to introduce the and Mr. HOLLINGS): percent of the nation’s children are un- ‘‘Ecstasy Anti-Proliferation Act of S. 2614. A bill to amend the Har- able to read at grade-level by the end 2000’’ today. The legislation takes the monized Tariff Schedule of the United of the third grade. In communities steps—both in terms of law enforce- States to provide for duty-free treat- with high concentrations of at-risk ment and prevention—to address this ment on certain manufacturing equip- children, the failure rate is an aston- problem in a serious way before it gets ment; to the Committee on Finance. ishing 60 percent. As a result, their en- any worse. TO SUSPEND THE DUTY ON CERTAN EQUIPMENT tire education is likely to be derailed. The legislation directs the federal USED IN THE MANUFACTURING INDUSTRY In the battle against literacy, it is Sentencing Commission to increase the Mr. THURMOND. Mr. President, I not enough to reach out more effec- recommended penalties for manufac- rise today to introduce a bill which tively to school-aged children. We turing, importing, exporting or traf- will suspend the duties imposed on cer- must start earlier—and reach children ficking Ecstasy. Though Ecstasy is a tain manufacturing equipment that is before they reach school. Pediatricians Schedule I drug—and therefore subject necessary for tire production. Cur- like Dr. Barry Zuckerman at the Bos- to the most stringent federal pen- rently, this equipment is imported for ton Medical Center have been telling alties—not all Schedule I drugs are use in the United States because there us for years that reading to children treated the same in our sentencing are no known American producers. from birth through school age is a med- guidelines. For example, selling a kilo- Therefore, suspending the duties on ical issue that should be raised at gram of marijuana is not as serious an this equipment would not adversely af- every well child visit, since a child’s offense as selling a kilogram of heroin. fect domestic industries. brain needs this kind of stimulation to The sentencing guidelines differentiate This bill would temporarily suspend grow to its full potential. Reading to between the severity of drugs—as they the duty on tire manufacturing equip- young children in the years before age should. ment required to make certain large 5 has a profound effect on their ability

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4319 to learn to read. But too often the Our goal is to work closely with par- (2) ALLOTMENTS.—For each fiscal year, the problem is that young children do not ents, children, child care providers and Secretary shall allot to each State an have access to books appropriate to publishers to put at least one book in amount that bears the same ratio to the their age. A recent study found that 60 the hands of every needy child in total of the available funds for the fiscal year as the amount the State receives under percent of the kindergarten children America. Together, we can make sig- section 658O(b) of the Child Care and Devel- who performed poorly in school did not nificant progress in early childhood lit- opment Block Grant Act of 1990 (42 U.S.C. own a single book. eracy, and I believe we can make it 9858m(b)) for the fiscal year bears to the The Book Stamp Act that Senator quickly. total amount received by all States under HUTCHISON and I are introducing today We know what works to combat illit- that section for the fiscal year. is a step to cure that problem. Our goal eracy. We owe it to the nation’s chil- (c) APPLICATIONS.—To be eligible to receive is to see that all children in this coun- dren and the nation’s future to do all an allotment under this section, a State try have books of their own before they we can to win this battle. shall submit an application to the Secretary at such time, in such manner, and con- enter school. Mr. President, I ask unanimous con- Regardless of culture or wealth, one taining such information as the Secretary sent that the full text of the bill and may require. of the most important factors in the the accompanying letters of support be (d) ACCOUNTABILITY.—The provisions of development of literacy is home access printed in the RECORD. sections 658I(b) and 658K(b) of the Child Care to books. Students from homes with an There being no objection, the mate- and Development Block Grant Act of 1990 (42 abundance of reading materials are rial was ordered to be printed in the U.S.C. 9858g(b), 9858i(b)) shall apply to States substantially better readers than those RECORD, as follows: receiving grants under this Act, except that references in those sections— with few or no reading materials avail- S. 2615 (1) to a subchapter shall be considered to able. Be it enacted by the Senate and House of Rep- But it is not enough to just dump a be references to this Act; and resentatives of the United States of America in (2) to a plan or application shall be consid- book into a family’s home. Since young Congress assembled, children cannot read to themselves, we ered to be references to an application sub- SECTION 1. SHORT TITLE. mitted under subsection (c). must make sure that an adult is avail- This Act may be cited as the ‘‘Book Stamp (e) DEFINITION.—In this section, the term able who interacts with the child and Act’’. ‘‘available funds’’, used with respect to a fis- will read to the child. SEC. 2. FINDINGS. cal year, means the total of— In this day of two-parent working Congress finds the following: (1) the funds made available under section families, young children spend substan- (1) Literacy is fundamental to all learning. 416(c)(1) of title 39, United States Code for tial time in child care and family care (2) Between 40 and 60 percent of the Na- the fiscal year; and facilities, which provide realistic op- tion’s children do not read at grade level, (2) the amounts appropriated under section portunities for promoting literacy. particularly children in families or school 9 for the fiscal year. Progress is already being made on this districts that are challenged by significant SEC. 5. CONTRACTS TO CHILD CARE RESOURCE financial or social instability. approach. Child Care READS!, for ex- AND REFERRAL AGENCIES. (3) Increased investments in child literacy A State agency that receives a grant under ample, is a national communications are needed to improve opportunities for chil- section 4 shall use funds made available campaign aimed at raising the aware- dren and the efficacy of the Nation’s edu- through the grant to enter into contracts ness of the importance of reading in cation investments. with local child care resource and referral child care settings. (4) Increasing access to books in the home agencies to carry out the activities described The Book Stamp Act will make is an important means of improving child in section 6. The State agency may reserve books available to children and parents literacy, which can be accomplished nation- not more than 3 percent of the funds made through these child care and early ally at modest cost. available through the grant to support a childhood education programs. (5) Effective channels for book distribution public awareness campaign relating to the The act authorizes an appropriation already exist through child care providers. activities. of $50 million a year for this purpose. It SEC. 3. DEFINITION. SEC. 6. USE OF FUNDS. also creates a special postage stamp, In this Act: (a) ACTIVITIES.— (1) EARLY LEARNING PROGRAM.—The term (1) BOOK PAYMENTS FOR ELIGIBLE PRO- similar to the Breast Cancer Stamp, ‘‘early learning’’, used with respect to a pro- which will feature an early learning VIDERS.—A child care resource and referral gram, means a program of activities de- agency that receives a contract under sec- character, and will sell at a slightly signed to facilitate development of cog- tion 5 shall use the funds made available higher rate than the normal 33 cents, nitive, language, motor, and social-emo- through the grant to provide payments for with the additional revenues des- tional skills in children under age 6 as a eligible early learning program and other ignated for the Book Stamp Program. means of enabling the children to enter child care providers, on the basis of local The resources will be distributed school ready to learn, such as a Head Start needs, to enable the providers to make books through the Child Care and Develop- or Early Head Start program carried out available, to promote child literacy and im- ment Block Grant to the state child under the Head Start Act (42 U.S.C. 9831 et prove children’s access to books at home and care agency in each state. The state seq.), or a State pre-kindergarten program. in early learning and other child care pro- (2) SECRETARY.—The term ‘‘Secretary’’ agency then will allocate its funds to grams. means the Secretary of Health and Human (2) ELIGIBLE PROVIDERS.—To be eligible to local child care research and referral Services. receive a payment under paragraph (1), a agencies throughout the state on the (3) STATE.—The term ‘‘State’’ means the 50 provider shall— basis of local need. States, the District of Columbia, the Com- (A)(i) be a center-based child care provider, There are 610 such agencies in the monwealth of Puerto Rico, Guam, the United a group home child care provider, or a family country, with at least one in every States Virgin Islands, American Samoa, and child care provider, described in section state. These non-profit agencies, offer the Commonwealth of the Northern Mariana 658P(5)(A) of the Child Care and Development referral services for parents seeking Islands. Block Grant Act of 1990 (42 U.S.C. child care, and also provide training for (4) STATE AGENCY.—The term ‘‘State agen- 9858n(5)(A)); or child care workers. The agencies will cy’’ means an agency designated under sec- (ii) be a Head Start agency designated tion 658D of the Child Care and Development work with established book distribu- under section 641 of the Head Start Act (42 Block Grant Act of 1990 (42 U.S.C. 9858b). U.S.C. 9836), an entity that receives assist- tion programs such as First Book, SEC. 4. GRANTS TO STATE AGENCIES. ance under section 645A of such Act to carry Reading is Fundamental, and Reach (a) ESTABLISHMENT OF PROGRAM.—The Sec- out an Early Head Start program or another Out and Read to coordinate the buying retary shall establish and carry out a pro- provider of an early learning program; and of discounted books and the distribu- gram to promote child literacy and improve (B) provide services in an area where chil- tion of the books to children. children’s access to books at home and in dren face high risks of literacy difficulties, Also, to help parents and child care early learning and other child care pro- as defined by the Secretary. providers become well informed about grams, by making books available through (b) RESPONSIBILITIES.—A child care re- the best ways to read to children and early learning and other child care pro- source and referral agency that receives a the most effective use of books with grams. contract under section 5 to provide payments (b) GRANTS.— to eligible providers shall— children at various stages of develop- (1) IN GENERAL.—In carrying out the pro- (1) consult with local individuals and orga- ment, the agencies will provide train- gram, the Secretary shall make grants to nizations concerned with early literacy (in- ing and technical assistance on these State agencies from allotments determined cluding parents and organizations carrying issues. under paragraph (2). out the Reach Out and Read, First Book, and

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4320 CONGRESSIONAL RECORD — SENATE May 23, 2000

Reading Is Fundamental programs) regard- arrangements as the Postal Service shall by 4 TO 14.COM, ing local book distribution needs; mutual agreement with such Department es- BROADWAY, (2) make reasonable efforts to learn public tablish in order to carry out the objectives of New York, NY, May 23, 2000. demographic and other information about this section, except that, under those ar- Senator EDWARD M. KENNEDY, local families and child literacy programs rangements, payments to such agency shall U.S. Senate, carried out by the eligible providers, as need- be made at least twice a year. Washington, DC. ed to inform the agency’s decisions as the ‘‘(3) In this section, the term ‘amounts be- DEAR SENATOR: I sincerely commend you agency carries out the contract; coming available for child literacy pursuant on your sponsoring the ‘‘Book Stamp’’ legis- (3) coordinate local orders of the books to this section’ means— lation. As the CEO of a dot-com designed to help made available under this Act; ‘‘(A) the total amounts received by the children learn, I am very aware of the ‘‘dig- (4) distribute, to each eligible provider Postal Service that the Postal Service would ital divide’’ that separates children from that receives a payment under this Act, not not have received but for the enactment of fewer than 1 book every 6 months for each wealthier families from those growing up in this section; reduced by poorer households. That disparity—that dif- child served by the provider for more than 3 ‘‘(B) an amount sufficient to cover reason- of the preceding 6 months; ference in opportunity—doesn’t begin when able costs incurred by the Postal Service in children start using the computer and ex- (5) use not more than 5 percent of the funds carrying out this section, including costs at- made available through the contract to pro- ploring the Internet. Rather, it starts much tributable to the printing, sale, and distribu- earlier, when very young children should vide training and technical assistance to the tion of stamps under this section, eligible providers on the effective use of have their first exposure and access exposed books with young children at different as determined by the Postal Service under to books. Unfortunately, far too many children—par- stages of development; and regulations that the Postal Service shall pre- ticularly children from lower income fami- (6) be a training resource for eligible pro- scribe. lies—simply do not have books to call their viders that want to offer parent workshops ‘‘(d) It is the sense of Congress that noth- own. They need books, lots of them, for brain on developing reading readiness. ing in this section should— development, to develop the basis and (c) DISCOUNTS.— ‘‘(1) directly or indirectly cause a net de- ‘‘habit’’ of reading, and to share in one of the (1) IN GENERAL.—Federal funds made avail- crease in total funds received by the Depart- able under this Act for the purchase of books ment of Health and Human Services, or any true joys of childhood. Ensuring that all children—particularly may only be used to purchase books on the other agency of the Government (or any those under five years of age—have access to same terms as are customarily available in component or program of the Government), good books that they can call their own, is the book industry to entities carrying out below the level that would otherwise have an essential ingredient of a healthy child- nonprofit bulk book purchase and distribu- been received but for the enactment of this hood. This legislation will help make that a tion programs. section; or reality. (2) TERMS.—An entity offering books for ‘‘(2) affect regular first-class rates of post- As Susan Roman of the ALA once pointed purchase under this Act shall be present to age or any other regular rates of postage. out, ‘‘Books are the on-ramp to the informa- have met the requirements of paragraph (1), ‘‘(e) Special postage stamps made available tion super-highway.’’ absent contrary evidence, if the terms in- under this section shall be made available to I commend you and Senator Hutchison for clude a discount of 43 percent off the cata- the public beginning on such date as the being real leaders in this crusade to make all logue price of the books, with no additional Postal Service shall by regulation prescribe, children ready to meet the challenges of the charge for shipping and handling of the but in no event later than 12 months after 21st century. books. the date of enactment of this section. Please let me know how I can help. (d) ADMINISTRATION.—The child care re- Sincerely, ‘‘(f) The Postmaster General shall include source and referral agency may not use more STEVE COHEN, in each report provided under section 2402, than 6 percent of the funds made available President. through the contract for administrative with respect to any period during any por- tion of which this section is in effect, infor- costs. ASSOCIATION OF AMERICAN mation concerning the operation of this sec- SEC. 7. REPORT TO CONGRESS. PUBLISHERS, INC., Not later than 2 years of the date of enact- tion, except that, at a minimum, each report Washington, DC, May 23, 2000. shall include information on— ment of this Act, the Secretary shall prepare Hon. EDWARD M. KENNEDY, and submit to Congress a report on the im- ‘‘(1) the total amounts described in sub- U.S. Senate, plementation of the activities carried out section (c)(3)(A) that were received by the Washington, DC. under this Act. Postal Service during the period covered by DEAR TED: The American publishing indus- SEC. 8. SPECIAL POSTAGE STAMPS FOR CHILD such report; and try enthusiastically supports the ‘‘Book LITERACY. ‘‘(2) of the amounts described in paragraph Stamp Act’’ introduced by you and Senator Chapter 4 of title 39, United States Code is (1), how much (in the aggregate and by cat- Hutchison today. This important and timely amended by adding at the end the following: egory) was required for the purposes de- legislation acknowledges the fact that young ‘‘§ 416. Special postage stamps for child scribed in subsection (c)(3)(B). minds need as much nourishing as young literacy ‘‘(g) This section shall cease to be effective bodies. ‘‘(a) In order to afford the public a conven- at the end of the 2-year period beginning on Every September, some 40 percent of ient way to contribute to funding for child the date on which special postage stamps American children who start school are not literacy, the Postal Service shall establish a made available under this section are first literacy-ready and, for most, that edu- special rate of postage for first-class mail made available to the public.’’. cational gap never closes. From a growing under this section. The stamps that bear the body of research, we have begun to under- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. special rate of postage shall promote child- stand how important it is for very young hood literacy and shall, to the extent prac- There are authorized to be appropriated to children to have books in their lives. At ticable, contain an image relating to a char- carry out this Act $50,000,000 for each of fis- BookExpo America on June 3, for the first acter in a children’s book or cartoon. cal years 2001 through 2005. time, a distinguished group of early literacy ‘‘(b)(1) The rate of postage established experts, pediatricians, child-development under this section— CHILDREN’S DEFENSE FUND, professionals and children’s publishers will ‘‘(A) shall be equal to the regular first- E. STREET, NW, come together to explore ways of improving class rate of postage, plus a differential of Washington, DC, May 23, 2000. access to quality books for the 13 million not to exceed 25 percent; Hon. EDWARD KENNEDY, pre-school-age children in daycare and early ‘‘(B) shall be set by the Governors in ac- U.S. Senate, education programs. The ‘‘Book Stamp Act’’ cordance with such procedures as the Gov- Washington, DC. couldn’t come at a better time. ernors shall by regulation prescribe (in lieu We congratulate you on the introduction of the procedures described in chapter 36); DEAR SENATOR KENNEDY: The Children’s of the ‘‘Book Stamp Act,’’ and look forward and Defense Fund welcomes the introduction of to working with you to ensure its passage. ‘‘(C) shall be offered as an alternative to the Book Stamp Act. This legislation make With warmest regards, the regular first-class rate of postage. books available in early learning/child care Sincerely, ‘‘(2) The use of the special rate of postage programs for young children and their par- PATRICIA S. SCHROEDER. established under this section shall be vol- ents. Reading to young children on a regular untary on the part of postal patrons. basis is a first step to ensure that they be- NATIONAL ASSOCIATION FOR THE ‘‘(c)(1) Of the amounts becoming available come strong readers. This bill gives parents EDUCATION OF YOUNG CHILDREN, for child literacy pursuant to this section, access to books to make it more likely for Washington, DC, May 23, 2000. the Postal Service shall pay 100 percent to them to read to their children. Thank you Hon. EDWARD M. KENNEDY, the Department of Health and Human Serv- for recognizing how important reading is for Hon. KAY BAILEY HUTCHISON, ices. our youngest children. U.S. Senate, Washington, DC. ‘‘(2) Payments made under this subsection Sincerely yours, DEAR SENATORS KENNEDY AND HUTCHISON: to the Department shall be made under such MARIAN WRIGHT EDELMAN. The National Association for the Education

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4321 of Young Children (NAEYC), representing Animal Welfare Act to remove the lim- LUGAR) was added as a cosponsor of S. over 100,000 individuals dedicated to excel- itation that permits interstate move- 1487, a bill to provide for excellence in lence in early childhood education, com- ment of live birds, for the purpose of economic education, and for other mends you for your leadership in promoting fighting, to States in which animal purposes. early childhood literacy through the Book fighting is lawful. Stamps legislation you will introduce today. S. 1488 Learning to read and write is critical to a S. 429 At the request of Mr. GORTON, the child’s success in school and later in life. One At the request of Mr. DURBIN, the name of the Senator from Montana of the best predictors of whether a child will name of the Senator from Iowa (Mr. (Mr. BAUCUS) was added as a cosponsor function competently in school and go on to HARKIN) was added as a cosponsor of S. of S. 1488, a bill to amend the Public contribute actively in our increasingly lit- 429, a bill to designate the legal public Health Service Act to provide for rec- erate society is the level to which the child holiday of ‘‘Washington’s Birthday’’ as ommendations of the Secretary of progresses in reading and writing. Although ‘‘Presidents’ Day’’ in honor of George reading and writing abilities continue to de- Health and Human Services regarding Washington, Abraham Lincoln, and the placement of automatic external velop throughout the life span, the early Franklin Roosevelt and in recognition childhood years—from birth through age defibrillators in Federal buildings in eight—are the most important period for lit- of the importance of the institution of order to improve survival rates of indi- eracy development. It is for this reason that the Presidency and the contributions viduals who experience cardiac arrest the International Reading Association (IRA) that Presidents have made to the de- in such buildings, and to establish pro- and NAEYC joined together to formulate a velopment of our Nation and the prin- tections from civil liability arising position statement regarding early literacy ciples of freedom and democracy. from the emergency use of the devices. development. S. 779 We are pleased that this bipartisan legisla- S. 1762 At the request of Mr. ABRAHAM, the At the request of Mr. COVERDELL, the tion will expand young children’s access to names of the Senator from Connecticut books and support parent involvement in name of the Senator from Ohio (Mr. ODD early literacy. By making books more af- (Mr. D ) and the Senator from New DEWINE) was added as a cosponsor of S. fordable and accessible to young children in Mexico (Mr. BINGAMAN) were added as 1762, a bill to amend the Watershed Head Start, in child care settings, and in cosponsors of S. 779, a bill to provide Protection and Flood Prevention Act their homes, we can help them not only that no Federal income tax shall be im- to authorize the Secretary of Agri- learn to read and write, but also foster and posed on amounts received by Holo- culture to provide cost share assistance sustain their interest in reading for their caust victims or their heirs. for the rehabilitation of structural own enjoyment, information, and commu- S. 1118 nication. measures constructed as part of water At the request of Mr. SCHUMER, the Sincerely, resources projects previously funded by name of the Senator from Ohio (Mr. ADELE ROBINSON, the Secretary under such Act or re- Director of Policy Development. DEWINE) was added as a cosponsor of S. lated laws. 1118, a bill to amend the Agricultural S. 1795 READING IS FUNDAMENTAL, INC., Market Transition Act to convert the At the request of Mr. SMITH of New Washington, DC, May 23, 2000. price support program for sugarcane Hampshire, his name was added as a DEAR SENATOR: Reading Is Fundamental’s and sugar beets into a system of solely cosponsor of S. 1795, a bill to require Board of Directors and staff urge you to sup- recourse loans to provide for the grad- that before issuing an order, the Presi- port the passage of the Kennedy-Hutchison ual elimination of the program. Book Stamp Act to help bridge the literacy dent shall cite the authority for the S. 1155 gap for the nation’s youngest and most at- order, conduct a cost benefit analysis, At the request of Mr. ROBERTS, the risk children. provide for public comment, and for name of the Senator from Illinois (Mr. Educators, researchers and practitioners in other purposes. the literacy arena have increasing focused on FITZGERALD) was added as a cosponsor S. 1800 the 0–5 age range as the key to helping the of S. 1155, a bill to amend the Federal nation’s neediest children enter school ready Food, Drug, and Cosmetic Act to pro- At the request of Mr. GRAHAM, the to read and learn. We know that focus and vide for uniform food safety warning name of the Senator from West Vir- attention will give them a far better chance notification requirements, and for ginia (Mr. ROCKEFELLER) was added as at succeeding in life than many of their par- other purposes. a cosponsor of S. 1800, a bill to amend ents and older siblings had. the Food Stamp Act of 1977 to improve S. 1159 At RIF, we have increased our focus on onsite inspections of State food stamp providing books and literacy enhancing pro- At the request of Mr. STEVENS, the names of the Senator from Vermont programs, to provide grants to develop grams and services in recent years and we community partnerships and innova- are actively pursuing working relationships (Mr. JEFFORDS), the Senator from Lou- and partnerships with the childcare commu- isiana (Ms. LANDRIEU) and the Senator tive outreach strategies for food stamp nity. We have launched a pilot program to from Iowa (Mr. HARKIN) were added as and related programs, and for other create effective training system, called Care cosponsors of S. 1159, a bill to provide purposes. to Read for childcare providers and other grants and contracts to local edu- S. 1810 early childhood caregivers. That program is cational agencies to initiate, expand, At the request of Mrs. MURRAY, the now ready to help these caregivers provide name of the Senator from Florida (Mr. appropriate environmental and literacy en- and improve physical education pro- GRAHAM) was added as a cosponsor of S. hancing experiences for children. We are grams for all kindergarten through anxious to engage with NACCRA in working 12th grade students. 1810, a bill to amend title 38, United out ways to link this training with the Book S. 1351 States Code, to clarify and improve Stamp Act initiative and share RIF’s re- At the request of Mr. GRASSLEY, the veterans’ claims and appellate proce- sources to help make this program effective. name of the Senator from Washington dures. RIF now provides books and essential lit- (Mr. GORTON) was added as a cosponsor S. 1874 eracy services to nearly 1,000,000 children of S. 1351, a bill to amend the Internal At the request of Mr. GRAHAM, the and we know the need is critical for signifi- name of the Senator from Michigan cant infusions of books and services to help Revenue Code of 1986 to extend and reduce illiteracy among this at-risk popu- modify the credit for electricity pro- (Mr. LEVIN) was added as a cosponsor of lation. We urge your strong support. duced from renewable resources. S. 1874, a bill to improve academic and Yours truly, S. 1475 social outcomes for youth and reduce RICHARD E. SELLS, At the request of Mr. REED, the name both juvenile crime and the risk that Senior VP and Chief Operating Officer.∑ of the Senator from Massachusetts youth will become victims of crime by f (Mr. KERRY) was added as a cosponsor providing productive activities con- of S. 1475, a bill to amend the Child ducted by law enforcement personnel ADDITIONAL COSPONSORS Care and Development Block Grant Act during non-school hours. S. 345 of 1990 to provide incentive grants to S. 1880 At the request of Mr. ALLARD, the improve the quality of child care. At the request of Mr. KENNEDY, the name of the Senator from North Da- S. 1487 name of the Senator from New Jersey kota (Mr. DORGAN) was added as a co- At the request of Mr. AKAKA, the (Mr. LAUTENBERG) was added as a co- sponsor of S. 345, a bill to amend the name of the Senator from Indiana (Mr. sponsor of S. 1880, a bill to amend the

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4322 CONGRESSIONAL RECORD — SENATE May 23, 2000 Public Health Service Act to improve S. 2181 lina (Mr. THURMOND) was added as a co- the health of minority individuals. At the request of Mr. BINGAMAN, the sponsor of S. 2311, supra. S. 1900 name of the Senator from Oregon (Mr. At the request of Mr. KENNEDY, the At the request of Mr. LAUTENBERG, WYDEN) was added as a cosponsor of S. names of the Senator from Florida (Mr. the name of the Senator from Nebraska 2181, a bill to amend the Land and GRAHAM) and the Senator from Hawaii (Mr. KERREY) was added as a cosponsor Water Conservation Fund Act to pro- (Mr. AKAKA) were added as cosponsors of S. 1900, a bill to amend the Internal vide full funding for the Land and of S. 2311, a bill to revise and extend Revenue Code of 1986 to allow a credit Water Conservation Fund, and to pro- the Ryan White CARE Act programs to holders of qualified bonds issued by vide dedicated funding for other con- under title XXVI of the Public Health Amtrak, and for other purposes. servation programs, including coastal Service Act, to improve access to S. 1945 stewardship, wildlife habitat protec- health care and the quality of health tion, State and local park and open At the request of Mr. BOND, the name care under such programs, and to pro- space preservation, historic preserva- of the Senator from Illinois (Mr. FITZ- vide for the development of increased tion, forestry conservation programs, GERALD) was added as a cosponsor of S. capacity to provide health care and re- 1945, a bill to amend title 23, United and youth conservation corps; and for lated support services to individuals States Code, to require consideration other purposes. and families with HIV disease, and for under the congestion mitigation and S. 2256 other purposes. air quality improvement program of At the request of Mr. BIDEN, the S. 2321 the extent to which a proposed project name of the Senator from California At the request of Mr. ROCKEFELLER, or program reduces sulfur or atmos- (Mrs. BOXER) was added as a cosponsor the name of the Senator from Wash- pheric carbon emissions, to make re- of S. 2256, a bill to amend title I of the ington (Mrs. MURRAY) was added as a newable fuel projects eligible under Omnibus Crime Control and Safe cosponsor of S. 2321, a bill to amend the that program, and for other purposes. Streets Act of 1968 to provide standards Internal Revenue Code of 1986 to allow and procedures to guide both State and S. 1995 a tax credit for development costs of local law enforcement agencies and law At the request of Mr. KOHL, the name telecommunications facilities in rural enforcement officers during internal of the Senator from Georgia (Mr. areas. investigations, interrogation of law en- CLELAND) was added as a cosponsor of S. 2330 forcement officers, and administrative S. 1995, a bill to amend the National At the request of Mr. ROTH, the disciplinary hearings, to ensure ac- School Lunch Act to revise the eligi- names of the Senator from Utah (Mr. countability of law enforcement offi- bility of private organizations under BENNETT), the Senator from Louisiana cers, to guarantee the due process the child and adult care food program. (Ms. LANDRIEU) and the Senator from rights of law enforcement officers, and Tennessee (Mr. THOMPSON) were added S. 2018 to require States to enact law enforce- At the request of Mrs. HUTCHISON, the as cosponsors of S. 2330, a bill to amend ment discipline, accountability, and the Internal Revenue Code of 1986 to re- names of the Senator from Connecticut due process laws. (Mr. DODD) and the Senator from Cali- peal the excise tax on telephone and S. 2287 other communication services. fornia (Mrs. BOXER) were added as co- At the request of Mr. L. CHAFEE, the S. 2338 sponsors of S. 2018, a bill to amend title name of the Senator from Connecticut At the request of Mr. SCHUMER, the XVIII of the Social Security Act to re- (Mr. DODD) was added as a cosponsor of vise the update factor used in making S. 2287, a bill to amend the Public name of the Senator from Maryland payments to PPS hospitals under the Health Service Act to authorize the Di- (Ms. MIKULSKI) was added as a cospon- medicare program. rector of the National Institute of En- sor of S. 2338, a bill to enhance the en- S. 2029 vironmental Health Sciences to make forcement of gun violence laws. At the request of Mr. FRIST, the grants for the development and oper- S. 2357 name of the Senator from Indiana (Mr. ation of research centers regarding en- At the request of Mr. REID, the name LUGAR) was added as a cosponsor of S. vironmental factors that may be re- of the Senator from Maine (Ms. SNOWE) 2029, a bill to amend the Communica- lated to the etiology of breast cancer. was added as a cosponsor of S. 2357, a tions Act of 1934 to prohibit tele- S. 2298 bill to amend title 38, United States marketers from interfering with the At the request of Mr. JEFFORDS, the Code, to permit retired members of the caller identification service of any per- name of the Senator from North Caro- Armed Forces who have a service-con- son to whom a telephone solicitation is lina (Mr. HELMS) was added as a co- nected disability to receive military made, and for other purposes. sponsor of S. 2298, a bill to amend title retired pay concurrently with veterans’ S. 2068 XVIII of the Social Security Act to disability compensation. At the request of Mr. GREGG, the clarify the definition of homebound S. 2365 name of the Senator from Nebraska with respect to home health services At the request of Ms. COLLINS, the (Mr. HAGEL) was added as a cosponsor under the medicare program. name of the Senator from Tennessee of S. 2068, a bill to prohibit the Federal S. 2307 (Mr. FRIST) was added as a cosponsor of Communications Commission from es- At the request of Mr. DORGAN, the S. 2365, a bill to amend title XVIII of tablishing rules authorizing the oper- name of the Senator from Washington the Social Security Act to eliminate ation of new, low power FM radio sta- (Mrs. MURRAY) was added as a cospon- the 15 percent reduction in payment tions. sor of S. 2307, a bill to amend the Com- rates under the prospective payment S. 2070 munications Act of 1934 to encourage system for home health services. At the request of Mr. FITZGERALD, broadband deployment to rural Amer- S. 2393 the name of the Senator from Ten- ica, and for other purposes. At the request of Mr. DURBIN, the nessee (Mr. FRIST) was added as a co- S. 2308 name of the Senator from Massachu- sponsor of S. 2070, a bill to improve At the request of Mr. MOYNIHAN, the setts (Mr. KERRY) was added as a co- safety standards for child restraints in name of the Senator from South Da- sponsor of S. 2393, a bill to prohibit the motor vehicles. kota (Mr. JOHNSON) was added as a co- use of racial and other discriminatory S. 2100 sponsor of S. 2308, a bill to amend title profiling in connection with searches At the request of Mr. EDWARDS, the XIX of the Social Security Act to as- and detentions of individuals by the name of the Senator from Michigan sure preservation of safety net hos- United States Customs Service per- (Mr. ABRAHAM) was added as a cospon- pitals through maintenance of the sonnel, and for other purposes. sor of S. 2100, a bill to provide for fire Medicaid disproportionate share hos- S. 2408 sprinkler systems in public and private pital program. At the request of Mr. BINGAMAN, the college and university housing and dor- S. 2311 names of the Senator from California mitories, including fraternity and so- At the request of Mr. JEFFORDS, the (Mrs. BOXER), the Senator from Massa- rority housing and dormitories. name of the Senator from South Caro- chusetts (Mr. KERRY), the Senator from

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4323 Washington (Mr. GORTON), the Senator prices for the products of that research (Mr. DOMENICI) and the Senator from from Delaware (Mr. BIDEN), and the than consumers in certain other coun- Oregon (Mr. WYDEN) were added as co- Senator from Kansas (Mr. ROBERTS) tries. sponsors of S. Res. 296, a resolution were added as cosponsors of S. 2408, a S. 2516 designating the first Sunday in June of bill to authorize the President to At the request of Mr. THURMOND, the each calendar year as ‘‘National Child’s award a gold medal on behalf of the names of the Senator from North Caro- Day.’’ Congress to the Navajo Code Talkers in lina (Mr. HELMS) and the Senator from f recognition of their contributions to Ohio (Mr. DEWINE) were added as co- SENATE CONCURRENT RESOLU- the Nation. sponsors of S. 2516, a bill to fund task TION 114—RECOGNIZING THE LIB- S. 2417 forces to locate and apprehend fugi- ERTY MEMORIAL IN KANSAS At the request of Mr. CRAPO, the tives in Federal, State, and local fel- CITY, MISSOURI, AS A NATIONAL names of the Senator from Arizona ony criminal cases and give adminis- WORLD WAR I SYMBOL HON- (Mr. KYL), the Senator from Montana trative subpoena authority to the ORING THOSE WHO DEFENDED (Mr. BURNS) and the Senator from United States Marshals Service. LIBERTY AND OUR COUNTRY Maine (Ms. SNOWE) were added as co- S. 2554 THROUGH SERVICE IN WORLD sponsors of S. 2417, a bill to amend the At the request of Mr. GREGG, the WAR I Federal Water Pollution Control Act to name of the Senator from Alabama increase funding for State nonpoint Mr. BOND (for himself, Mr. (Mr. SHELBY) was added as a cosponsor ASHCROFT, and Mr. ROBERTS) submitted source pollution control programs, and of S. 2554, a bill to amend title XI of the following concurrent resolution; for other purposes. the Social Security Act to prohibit the which was referred to the Committee S. 2419 display of an individual’s social secu- on Environment and Public Works: At the request of Mr. JOHNSON, the rity number for commercial purposes S. CON. RES. 114 names of the Senator from Illinois (Mr. without the consent of the individual. Whereas over 4 million Americans served DURBIN) and the Senator from North S. 2596 in World War I, however, there is no nation- Dakota (Mr. CONRAD) were added as co- At the request of Mrs. HUTCHISON, the ally recognized symbol honoring the service sponsors of S. 2419, a bill to amend title name of the Senator from Oklahoma of such Americans; 38, United States Code, to provide for Whereas in 1919, citizens of Kansas City ex- (Mr. INHOFE) was added as a cosponsor pressed an outpouring of support, raising the annual determination of the rate of of S. 2596, a bill to amend the Internal the basic benefit of active duty edu- over $2,000,000 in 2 weeks, which was a fund- Revenue Code of 1986 to encourage a raising accomplishment unparalleled by any cational assistance under the Mont- strong community-based banking sys- other city in the United States irrespective gomery GI Bill, and for other purposes. tem. of population; S. 2420 Whereas on November 1, 1921, the monu- S. 2599 At the request of Mr. GRASSLEY, the ment site was dedicated marking the only At the request of Mr. ABRAHAM, the name of the Senator from Nebraska time in history that the 5 Allied military name of the Senator from New York leaders (Lieutenant General Baron Jacques (Mr. HAGEL) was added as a cosponsor (Mr. MOYNIHAN) was added as a cospon- of Belgium, General Armando Diaz of Italy, of S. 2420, a bill to amend title 5, sor of S. 2599, a bill to amend section Marshal Ferdinand Foch of France, General United States Code, to provide for the 110 of the Illegal Immigration Reform John J. Pershing of the United States, and establishment of a program under Admiral Lord Earl Beatty of Great Britain) and Immigrant Responsibility Act of which long-term care insurance is were together at one place; 1996, and for other purposes. made available to Federal employees, Whereas during a solemn ceremony on Ar- mistice Day in 1924, President Calvin Coo- members of the uniformed services, S. CON. RES. 53 At the request of Mrs. FEINSTEIN, the lidge marked the beginning of a 3-year con- and civilian and military retirees, and struction project by the laying of the corner- for other purposes. names of the Senator from Michigan stone of the Liberty Memorial; (Mr. LEVIN), the Senator from Min- S. 2447 Whereas the 217-foot Memorial Tower nesota (Mr. GRAMS), and the Senator At the request of Mr. WELLSTONE, the topped with 4 stone ‘‘Guardian Spirits’’ rep- name of the Senator from Washington from Massachusetts (Mr. KERRY) were resenting courage, honor, patriotism, and added as cosponsors of S. Con. Res. 53, sacrifice, rises above the observation deck, (Mrs. MURRAY) was added as a cospon- a concurrent resolution condemning all making the Liberty Memorial a noble trib- sor of S. 2447, a bill to amend the Con- ute to all who served; solidated Farm and Rural Development prejudice against individuals of Asian Whereas during a rededication of the Lib- Act to authorize the Secretary of Agri- and Pacific Island ancestry in the erty Memorial in 1961, former Presidents culture to make competitive grants to United States and supporting political Harry S. Truman and Dwight D. Eisenhower establish National Centers for Distance and civic participation by such individ- recognized the memorial as a constant re- uals throughout the United States. minder of the sacrifices during World War I Working to provide assistance to indi- and the progress that followed; S. CON. RES. 111 viduals in rural communities to sup- Whereas the Liberty Memorial is the only port the use of teleworking in informa- At the request of Mr. NICKLES, the public museum in the United States specifi- tion technology fields. names of the Senator from Illinois (Mr. cally dedicated to the history of World War S. 2459 DURBIN) and the Senator from Ne- I; and Whereas the Liberty Memorial is inter- At the request of Mr. COVERDELL, the braska (Mr. KERREY) were added as co- sponsors of S. Con. Res. 111, a concur- nationally known as a major center of World names of the Senator from Kansas (Mr. War I remembrance: Now, therefore, be it BROWNBACK), the Senator from Georgia rent resolution expressing the sense of Resolved by the Senate (the House of Rep- (Mr. CLELAND), and the Senator from the Congress regarding ensuring a com- resentatives concurring), That the Liberty Me- Tennessee (Mr. THOMPSON) were added petitive North American market for morial in Kansas City, Missouri, is recog- as cosponsors of S. 2459, a bill to pro- softwood lumber. nized as a national World War I symbol, hon- oring those who defended liberty and our vide for the award of a gold medal on S. CON. RES. 113 country through service in World War I. behalf of the Congress to former Presi- At the request of Mr. MOYNIHAN, the ∑ Mr. BOND. Mr. President, today I dent Ronald Reagan and his wife Nancy name of the Senator from Washington come to the floor to submit a resolu- Reagan in recognition of their service (Mrs. MURRAY) was added as a cospon- tion recognizing the Liberty Memorial to the Nation. sor of S. Con. Res. 113, a concurrent in Kansas City, Missouri as a national S. 2465 resolution expressing the sense of the World War I symbol. I am pleased that At the request of Mr. WELLSTONE, the Congress in recognition of the 10th an- Senator ASHCROFT and Senator ROB- name of the Senator from Wisconsin niversary of the free and fair elections ERTS are joining me as original cospon- (Mr. FEINGOLD) was added as a cospon- in Burma and the urgent need to im- sors. sor of S. 2465, a bill to amend the Inter- prove the democratic and human rights Fighting in the trenches in Europe, nal Revenue Code of 1986 to deny tax of the people of Burma. America’s sons and daughters defended benefits for research conducted by S. RES. 296 liberty and our country through serv- pharmaceutical companies where At the request of Mr. GRAHAM, the ice in World War One. We want to en- United States consumers pay higher names of the Senator from New Mexico sure that the sacrifices they made are

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4324 CONGRESSIONAL RECORD — SENATE May 23, 2000 not forgotten. The Liberty Memorial SENATE CONCURRENT RESOLU- a concurrent resolution allowing for serves as a long-standing tribute to TION 115—PROVIDING FOR THE the placement of Wyoming’s second their accomplishments. ACCEPTANCE OF A STATUE OF statue in Statuary Hall. As many individuals from Wyoming More than 4 million Americans CHIEF WASHAKIE, PRESENTED know, Chief Washakie was a true war- served in World War One, however, the BY THE PEOPLE OF WYOMING, rior and statesman. Chief Washakie Liberty Memorial is the only major FOR PLACEMENT IN NATIONAL was born in 1798 and actively partici- memorial and museum honoring their STATUARY HALL, AND FOR pated in the cultural and historic courage and loyalty. It is important to OTHER PURPOSES events that shaped the West before me that these men and women have an Mr. THOMAS (for himself and Mr. passing away in 1900. The value of his appropriate national symbol; they de- ENZI) submitted the following concur- life experiences—which span three sep- serve to be recognized and honored. rent resolution; which was referred to arate centuries—still resonate in my The Liberty Memorial serves as a con- the Committee on Rules and Adminis- tration: home state today. stant reminder of the patriotism and Chief Washakie, a skilled orator and S. CON. RES. 115 sacrifice that the War evoked, both to charismatic figure, was widely known the people of Kansas City, and across Whereas Chief Washakie was a recognized for his ability to foresee what the fu- the country. leader of the Eastern Shoshone Tribe; Whereas Chief Washakie contributed to the ture held for his people. As Chief of the In 1919, Kansas Citians expressed an settlement of the west by allowing the Or- Shoshone tribe for fifty years, unprecedented outpouring of support, egon and Mormon Trails to pass through Washakie was successful in protecting raising $2.5 million in less than two Shoshone lands; the interests of his people in the face of weeks. Three years later the five Allied Whereas Chief Washakie, with his foresight westward expansion. In 1868, Chief military leaders met in Kansas City, and wisdom, chose the path of peace for his Washakie was instrumental in the people; signing of the Fort Bridger treaty— marking the only time in history all Whereas Chief Washakie was a great leader five leaders came togther at one place. who chose his alliances with other tribes and which granted the Shoshone more than The leaders from Belgium, Italy, the United States Government thoughtfully; three million acres of land in the Warm France, Great Brittan and the United and Valley of the Wind on the Wind River States looked on, as the site for the Whereas in recognition of his alliance and reservation. His legacy lives on today Liberty Memorial was dedicated. Since long service to the United States Govern- as many of his descendants continue to that historic occasion, many other ment, Chief Washakie was the only chief to be involved in tribal matters through- be awarded a full military funeral: Now, out Wyoming. great world leaders have addressed the therefore, be it public at the Liberty Memorial includ- Resolved by the Senate (the House of Rep- It is fitting that Wyoming has chosen ing: Presidents Calvin Coolidge, Harry resentatives concurring), Chief Washakie to be honored in our S Truman, Dwight D. Eisenhower, and SECTION 1. ACCEPTANCE OF STATUE OF CHIEF Nation’s Capitol. This resolution not William Howard Taft. WASHAKIE FROM THE PEOPLE OF only speaks to his achievements but WYOMING FOR PLACEMENT IN NA- also commemorates the very spirit on The Liberty Memorial opened to the TIONAL STATUARY HALL. which our great country was founded. public in 1926. It is an amazing struc- (a) IN GENERAL.—The statue of Chief Mr. ENZI. Mr. President, I rise with Washakie, furnished by the people of Wyo- ture; the impressive size and design my colleague Senator THOMAS to sub- puts it in a class with monuments here ming for placement in National Statuary Hall in accordance with section 1814 of the mit a resolution authorizing Congress on the National Mall. The Memorial Revised Statutes of the United States (40 to accept Wyoming’s second statue for Tower is 217-feet-tall. The four Guard- U.S.C. 187), is accepted in the name of the National Statuary Hall, a statue of the ian Spirits: Honor, Courage, Patriot- United States, and the thanks of the Con- great Chief of the Eastern Shoshone ism, and Sacrifice, encircle the top of gress are tendered to the people of Wyoming Tribe, Chief Washakie. The entire na- the tower. This is a great, inspirational for providing this commemoration of one of tion owes Chief Washakie a great debt work of art that serves as an out- Wyoming’s most eminent personages. of gratitude for his assistance in allow- standing tribute to America’s sons and (b) PRESENTATION CEREMONY.—The State of Wyoming is authorized to use the rotunda of ing settlers to pass over his tribe’s daughters of World War I. the Capitol on September 7, 2000, at 11:00 lands during the great Western migra- In addition to the Memorial Tower, a.m., for a presentation ceremony for the tion and for advancing the cause of there is a Liberty Memorial Museum statue. The Architect of the Capitol and the peace between the United States and located within the complex. This mu- Capitol Police Board shall take such actions Native American nations. seum promotes and encourages a better as may be necessary with respect to physical The exact birthdate of Chief preparations and security for the ceremony. Washakie is not known, but it is be- understanding of the sacrifices and (c) DISPLAY IN ROTUNDA.—The statue shall progress made during World War I. be displayed in the rotunda of the Capitol for lieved that he was born in 1804 to a While the Memorial undergoes a major a period of not more than 6 months, after Flathead father and a Shoshone moth- renovation project, the museum is cur- which period the statue shall be moved to its er who lived in a Flathead tribe village. rently closed to the public. Upon its re- permanent location in National Statuary That village was attacked by the opening, visitors from around the Hall. Blackfeet tribe and Washakie’s father world can come to Kansas City to view SEC. 2. TRANSCRIPT OF PROCEEDINGS. was killed in the battle. Washakie’s the finest collection of World War I (a) IN GENERAL.—The transcript of pro- mother was taken in by the Lemhi memorabilia in the United States. ceedings of the ceremony held under section tribe of the Shoshone and Washakie 1 shall be printed, under the direction of the and his sister remained with the These fascinating displays are arranged Joint Committee on the Library, as a Senate to give visitors insight into America’s document, with illustrations and suitable Lemhis when his mother and the rest role in the First World War. binding. of his family rejoined the Flatheads. Washakie made his name as a suc- The Memorial’s history, consistent (b) PRINTED COPIES.—In addition to the usual number, there shall be printed 6,555 cessful warrior. He devised a large rat- local support and its location in the copies of the ceremony transcript, of which tle from a dried buffalo hide that was Heart of America, makes the Liberty 105 copies shall be for the use of the Senate, inflated and filled with stones that he Memorial an ideal national tribute to 450 copies shall be for the use of the House of used to frighten the horses of rival all Americans who fought in World War Representatives, 2,500 copies shall be for use tribes in battle. He also aligned his na- One. I am proud to have such a distin- of the Representative from Wyoming, and tion with the United States and served 3,500 copies shall be for the use of the Sen- guished Memorial in my home state of the United States Army as a scout. It Missouri. ators from Wyoming. SEC. 3. TRANSMITTAL TO GOVERNOR OF WYO- was that service which earned him a Mr. President, I urge the Senate to MING. funeral with full military honors upon pass this resolution in a timely fashion The Clerk of the Senate shall transmit a his death in 1900. He was the only Na- so that we can properly honor the vet- copy of this concurrent resolution to the tive American leader to be accorded erans of World War One with a national Governor of Wyoming. such an honor. monument, and recognize the signifi- Mr. THOMAS. Mr. President, today I Washakie united the Shoshones to cance of the Liberty Memorial.∑ rise along with Senator ENZI to submit battle threats presented by hostile

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4325 tribes, such as the Cheyenne and the Whereas Security Council Resolution 425 Whereas Laos is not a signatory of the Uni- Sioux tribes. This brought him to the also calls for ‘‘strict respect for the terri- versal Declaration of Human Rights or the attention of the United States Govern- torial integrity, sovereignty and political International Covenant on Civil and Polit- independence of Lebanon within its inter- ical Rights; ment and white men as someone they nationally recognized boundaries’’ and estab- Whereas Laos is a party to international could do business with. He was a friend lishes a United Nations interim force to help human rights treaties, including the Inter- of many of the fur trappers who worked restore Lebanese sovereignty; and national Convention on the Elimination of in Wyoming and his assistance with Whereas the Government of Syria cur- All Forms of Racial Discrimination and the the other Native American tribes was rently deploys 30,000 Syrian troops in Leb- Convention on the Political Rights of invaluable. He also offered protection anon: Now, therefore, be it Women; Resolved by the Senate (the House of Rep- Whereas the 1999 State Department Report to wagon trains making their way resentatives concurring), That Congress— across Wyoming. Chief Washakie sent on Human Rights Practices in Laos finds (1) commends Israel for its decision to that ‘‘societal discrimination against women members of his tribe to the Little Big- withdraw its forces from southern Lebanon and minorities persist’’; horn to reinforce Custer’s troops dur- and for taking risks for peace in the Middle Whereas the State Department’s report ing the battle, but were too late to pre- East; also finds that the Lao government ‘‘dis- vent the massacre that took place. (2) calls upon the United Nations Security criminates in its treatment of prisoners’’ and Chief Washakie recognized that the Council— uses ‘‘degrading treatment, solitary confine- white man could be a benefit to the (A) to recognize Israel’s fulfillment of its ment, and incommunicado detention against obligations under Security Council Resolu- perceived problem prisoners’’; Shoshone tribes. His forward thinking tion 425 and to provide the necessary re- Whereas two American citizens, Houa Ly nature ensured that the Shoshone tribe sources for the United Nations Interim Force and Michael Vang, were last seen on the bor- received their current home as a res- in Lebanon (UNIFIL) to implement its man- der between Laos and Thailand in April 1999 date under that resolution; and ervation and was not required to relo- and may be in Laos; and (B) to insist upon the withdrawal of all for- cate to an unfamiliar area. The Wind Whereas many Americans of Hmong and eign forces from Lebanese territory so that River Reservation in Western Wyoming Lao descent are deeply troubled by the con- Lebanon may exercise sovereignty through- is still home to the Eastern Shoshone ditions in Laos: Now, therefore, be it out its territory; tribe. Resolved, That the Senate calls on the Gov- (3) urges UNIFIL, in cooperation with the ernment of the Lao People’s Democratic Re- Wyoming has recognized Chief Lebanese Armed Forces, to gain full control Washakie as one of our state’s most no- public to— over southern Lebanon, including taking ac- (1) respect the basic human rights of all of table citizens by granting him a very tions to ensure the disarmament of its citizens, including freedom of speech, as- Hezbollah and all other such groups, in order unique honor, the placement of a stat- sembly, association, and religion; to eliminate all terrorist activity origi- ue of him in the United States Capitol. (2) ratify the Universal Declaration of nating from that area; He joins Esther Hobart Morris, the Human Rights and the International Cov- (4) appeals to the Government of Lebanon first female Justice of Peace in the na- enant on Civil and Political Rights; to grant clemency and assure the safety and (3) fulfill its obligations under the inter- tion and the woman who started the rehabilitation into Lebanese society of all national human rights treaties to which it is movement that led the Wyoming Terri- members of the South Lebanon Army and a party, including the International Conven- torial Legislature to grant women the their families; tion on the Elimination of All Forms of Ra- (5) calls upon the international community right to vote in 1869. Chief Washakie cial Discrimination and the Convention on also joins such esteemed company as to ensure that southern Lebanon does not once again become a staging ground for at- the Political Rights of Women; patriots Samuel Adams and Ethan (4) take demonstrable steps to ensure that Allen, Senator John Calhoun and tacks against Israel and to cooperate in bringing about the reconstruction and re- Hmong and other ethnic minorities who have Henry Clay, and Presidents George integration of southern Lebanon; been returned to Laos from Thailand and Washington and Andrew Jackson to (6) recognizes Israel’s right, enshrined in elsewhere in Southeast Asia are— name just a few of the notable Ameri- Chapter 7, Article 51 of the United Nations (A) accepted into Lao society on an equal cans with a place of honor in the Cap- Charter, to defend itself and its people from par with other Lao citizens; (B) allowed to practice freely their ethnic itol. Congress extends its thanks to the attack and reasserts United States support for maintaining Israel’s qualitative military and religious traditions and to preserve their people of Wyoming for providing the language and culture without threat of fear nation with this statue of one of our edge in order to ensure Israel’s long-term se- curity; and or intimidation; and most important figures, Chief (7) urges all parties to reenter the peace (C) afforded the same educational, eco- Washakie of the Shoshone Nation. process with the Government of Israel in nomic, and professional opportunities as f order to bring peace and stability to all the other residents of Laos; Middle East. (5) allow international humanitarian orga- SENATE CONCURRENT RESOLU- nizations, including the International Red TION 116—COMMENDING ISRAEL’S f Cross, to gain unrestricted access to areas in REDEPLOYMENT FROM SOUTH- SENATE RESOLUTION 309—EX- which Hmong and other ethnic minorities ERN LEBANON PRESSING THE SENSE OF THE have been resettled; (6) allow independent monitoring of prison Mr. LOTT (for himself, Mr. DASCHLE, SENATE REGARDING CONDITIONS IN LAOS conditions; Mr. HELMS, Mr. BIDEN, Mr. GRAHAM, (7) release from prison those who have been Mr. BAUCUS, Mr. HARKIN, Mr. JOHNSON, Mr. FEINGOLD (for himself, Mrs. arbitrarily arrested on the basis of their po- Mr. DODD, Mrs. FEINSTEIN, Mrs. MUR- BOXER, Mr. KOHL, Mr. WELLSTONE, Mrs. litical or religious beliefs; and RAY, and Mr. CONRAD) submitted the FEINSTEIN, and Mr. GRAMS) submitted (8) cooperate fully with the United States following concurrent resolution; which the following resolution; which was re- Government in the ongoing investigation was considered and agreed to: ferred to the Committee on Finance: into the whereabouts of Houa Ly and Mi- chael Vang, two United States citizens who S. RES. 309 S. CON. RES. 116 were last seen near the border between Laos Whereas Israel has been actively seeking a Whereas Laos was devastated by civil war and Thailand in April 1999. comprehensive peace with all of her neigh- from 1955 to 1974; bors to bring about an end to the Arab- Whereas the people of Laos have lived f Israeli conflict; under the authoritarian, one-party govern- SENATE RESOLUTION 310—HON- Whereas southern Lebanon has for decades ment of the Lao People’s Revolutionary ORING THE 19 MEMBERS OF THE been the staging area for attacks against Party since the overthrow of the existing UNITED STATES MARINE CORPS Israeli cities and towns by Hezbollah and by Royal Lao government in 1975; Palestinian terrorists, resulting in the death Whereas the communist government of the WHO DIED ON APRIL 8, 2000, AND or wounding of hundreds of Israeli civilians; Lao People’s Democratic Republic sharply EXTENDING THE CONDOLENCES Whereas United Nations Security Council curtails basic human rights, including free- OF THE SENATE ON THEIR Resolution 425 (March 19, 1978) calls upon dom of speech, assembly, association, and re- DEATHS Israel to withdraw its forces from all Leba- ligion; Ms. SNOWE (for herself, Mr. WARNER, nese territory; Whereas political dissent is not allowed in Whereas the Government of Israel unani- Laos and those who express their political Mr. LEVIN, Mr. THURMOND, Mr. KEN- mously agreed to implement Security Coun- will are severely punished; NEDY, Mr. MCCAIN, Mr. ROBB, Mr. cil Resolution 425 and has stated its inten- Whereas the Lao constitution protects SMITH of New Hampshire, Mr. REED, tion of redeploying its forces to the inter- freedom of religion but the Government of Mr. INHOFE, Mr. LIEBERMAN, Mr. national border by July 7, 2000; Laos in practice restricts this right; SANTORUM, Mr. CLELAND, Mr. ROBERTS,

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4326 CONGRESSIONAL RECORD — SENATE May 23, 2000 Mr. HUTCHINSON, and Mr. SESSIONS) (16) Private First Class George P. Santos, cent procurement goal for women-owned submitted the following resolution; 19, a rifleman assigned to 3d Battalion, 5th small businesses: Now, therefore, be it which was considered and agreed to: Marine Regiment, 1st Marine Division, of Resolved, That— Long Beach, California. (1) the Senate strongly urges the President S. RES. 310 (17) Private First Class Keoki P. Santos, to adopt a policy in support of the 5 percent Whereas on April 8, 2000, an MV–22 Osprey 24, a rifleman assigned to 3d Battalion, 5th procurement goal for women-owned small aircraft crashed during a training mission in Marine Regiment, 1st Marine Division, of businesses, and to encourage the heads of the support of Operational Evaluation in Grand Ronde, Oregon. Federal departments and agencies to under- Marana, Arizona, killing all 19 members of (18) Corporal Can Soler, 21, a rifleman as- take a concerted effort to meet the 5 percent the United States Marine Corps onboard; signed to 3d Battalion, 5th Marine Regiment, goal before the end of fiscal year 2000; and Whereas the Marines who lost their lives in 1st Marine Division, of Palm City, Florida. (2) the President should hold the heads of the crash made the ultimate sacrifice in the (19) Private Adam L. Tatro, 19, a rifleman the Federal departments and agencies ac- service of the United States and the Marine assigned to 3d Battalion, 5th Marine Regi- countable to ensure that the 5 percent goal Corps; ment, 1st Marine Division, of Kermit, Texas: is achieved during fiscal year 2000. Whereas the families of these magnificent Now, therefore, be it f Marines have the most sincere condolences Resolved, That the Senate— of the Nation; (1) has learned with profound sorrow of the SENATE RESOLUTION 312—TO Whereas the members of the Marine Corps deaths of 19 members of the United States AUTHORIZE TESTIMONY, DOCU- take special pride in their esprit de corps, Marine Corps in the crash of an MV–22 Os- MENT PRODUCTION, AND LEGAL and this tremendous loss will resonate prey aircraft on April 8, 2000, during a train- through the 3d Battalion, 5th Marine Regi- REPRESENTATION IN STATE OF ing mission in Marana, Arizona, and extends ment, 1st Marine Division, Marine Heli- INDIANA V. AMY HAN condolences to the families of these 19 mem- copter Squadron–1, and Marine Wing Com- bers of the United States Marine Corps; Mr. LOTT (for himself and Mr. munications Squadron 38, Marine Air Con- (2) acknowledges that these 19 members of DASCHLE) submitted the following reso- trol Group 38, and the entire Marine Corps the United States Marine Corps embody the family; lution; which was considered and credo of the United States Marine Corps, Whereas the Nation joins the Commandant agreed to: ‘‘Semper Fidelis’’; of the Marine Corps and the Marine Corps in S. RES. 312 (3) expresses its profound gratitude to mourning this loss; and Whereas, in the case of State of Indiana v. Whereas the Marines killed in the accident these 19 members of the United States Ma- rine Corps for the dedicated and honorable Amy Han, C. No. 99–148243, pending in the In- were the following: diana Superior Court of Marion County, (1) Sergeant Jose Alvarez, 28, a service they rendered to the United States and the United States Marine Corps; and Criminal Division, testimony has been re- machinegunner assigned to 3d Battalion, 5th quested from Lesley Reser and Lane Ralph, Marine Regiment, 1st Marine Division, of (4) recognizes with appreciation and re- spect the loyalty and sacrifice these families employees in the office of Senator Richard Uvalde, Texas. Lugar; (2) Major John A. Brow, 39, a pilot assigned have demonstrated in support of the United States Marine Corps. Whereas, pursuant to sections 703(a) and to Marine Helicopter Squadron–1, of Cali- 704(a)(2) of the Ethics in Government Act of SEC. 2. The Secretary of the Senate shall fornia, Maryland. 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the (3) Private First Class Gabriel C. transmit an enrolled copy of this resolution to the Commandant of the United States Ma- Senate may direct its counsel to represent Clevenger, 21, a machinegunner assigned to employees of the Senate with respect to any 3d Battalion, 5th Marine Regiment, 1st Ma- rine Corps and to the families of each mem- ber of the United States Marine Corps who subpoena, order, or request for testimony re- rine Division, of Picher, Oklahoma. lating to their official responsibilities; (4) Private First Class Alfred Corona, 23, a was killed in the accident referred to in the first section of this resolution. Whereas, by the privileges of the Senate of machinegunner assigned to 3d Battalion, 5th the United States and Rule XI of the Stand- Marine Regiment, 1st Marine Division, of f ing Rules of the Senate, no evidence under San Antonio, Texas. SENATE RESOLUTION 311—TO EX- the control or in the possession of the Senate (5) Lance Corporal Jason T. Duke, 28, a may, by the judicial or administrative proc- machinegunner assigned to 3d Battalion, 5th PRESS THE SENSE OF THE SEN- ATE REGARDING FEDERAL PRO- ess, be taken from such control or possession Marine Regiment, 1st Marine Division, of but by permission of the Senate; Tempe, Arizona. CUREMENT OPPORTUNITIES FOR Whereas, when it appears that evidence (6) Lance Corporal Jesus Gonzalez Sanchez, WOMEN-OWNED SMALL BUSI- under the control or in the possession of the 27, an assaultman assigned to 3d Battalion, NESSES Senate may promote the administration of 5th Marine Regiment, 1st Marine Division, of justice, the Senate will take such action as Mr. BOND (for himself, Mr. KERRY, San Diego, California. will promote the ends of justice consistently Mr. ABRAHAM, Mr. BURNS, Ms. SNOWE, (7) Major Brooks S. Gruber, 34, a pilot as- with the privileges of the Senate: Now, signed to Marine Helicopter Squadron–1, of Ms. LANDRIEU, Mr. LIEBERMAN, Mr. therefore, be it Jacksonville, North Carolina. EDWARDS, Mr. BINGAMAN, Mrs. MURRAY, Resolved, That Lesley Reser and Lane (8) Lance Corporal Seth G. Jones, 18, an and Mr. HARKIN) submitted the fol- Ralph, and any other employee of Senator assaultman assigned to 3d Battalion, 5th Ma- lowing resolution; which was consid- Lugar’s office from whom testimony may be rine Regiment, 1st Marine Division, of Bend, ered and agreed to: required, are authorized to testify and Oregon. produce documents in the case of State of In- S. RES. 311 (9) 2d Lieutenant Clayton J. Kennedy, 24, a diana v. Amy Han, except concerning mat- platoon commander assigned to 3d Battalion, Whereas women-owned small businesses ters for which a privilege should be asserted. 5th Marine Regiment, 1st Marine Division, of are the fastest growing segment of the busi- SEC. 2. The Senate Legal Counsel is author- Clifton Bosque, Texas. ness community in the United States; ized to represent Lesley Reser, Lane Ralph, (10) Corporal Kelly S. Keith, 22, an aircraft Whereas women-owned small businesses and any other employee of Senator Lugar’s crew chief assigned to Marine Helicopter will make up more than one-half of all busi- office in connection with the testimony and Squadron–1, of Florence, South Carolina. ness in the United States by the year 2010; document production authorized in section (11) Corporal Eric J. Martinez, 21, a field Whereas in 1994, the Congress enacted the one of this resolution. radio operator assigned to Marine Wing Com- Federal Acquisition Streamlining Act of munications Squadron 38, Marine Air Con- 1994, establishing a Government-wide goal f trol Group 38, of Coconino, Arizona. for small businesses owned and controlled by SENATE RESOLUTION 313—TO AU- (12) Lance Corporal Jorge A. Morin, 21, an women of not less than 5 percent of the total THORIZE REPRESENTATION BY assaultman assigned to 3d Battalion, 5th Ma- dollar value of all prime contracts and sub- THE SENATE LEGAL COUNSEL IN rine Regiment, 1st Marine Division, of contract awards for each fiscal year; HAROLD A. JOHNSON V. MAX McAllen, Texas. Whereas the Congress intended that the de- (13) Corporal Adam C. Neely, 22, a rifleman partments and agencies of the Federal Gov- CLELAND, ET AL. assigned to 3d Battalion, 5th Marine Regi- ernment make a concerted effort to move to- Mr. LOTT (for himself and Mr. ment, 1st Marine Division, of Winthrop, ward that goal; DASCHLE) submitted the following reso- Washington. Whereas in fiscal year 1999, the depart- lution; which was considered and (14) Staff Sergeant William B. Nelson, 30, a ments and agencies of the Federal Govern- agreed to: satellite communications specialist with Ma- ment awarded prime contracts totaling 2.4 rine Air Control Group 38, of Richmond, Vir- percent of the total dollar value of all prime S. RES. 313 ginia. contracts; and Whereas, Senator Max Cleland has been (15) Private First Class Kenneth O. Paddio, Whereas in each fiscal year since enact- named as a defendant in the case of Harold 23, a rifleman assigned to 3d Battalion, 5th ment of the Federal Acquisition Stream- A. Johnson v. Max Cleland, et al., Case No. Marine Regiment, 1st Marine Division, of lining Act of 1994, the Federal departments 2000CV22443, now pending in the Superior Houston, Texas. and agencies have failed to reach the 5 per- Court of Fulton County, Georgia;

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4327 Whereas, pursuant to sections 703(a) and tation of the Committee on Banking, ation of S. Con. Res. 116, submitted 704(a)(2) of the Ethics in Government Act of Housing, and Urban Affairs be author- earlier by Senator LOTT and others. 1978, 2 U.S.C. § 288b(a) and 288c(a)(1), the Sen- ized to meet during the session of the The PRESIDING OFFICER. The ate may direct its counsel to represent Mem- Senate on Tuesday, May 23, 2000, to clerk will report the concurrent resolu- bers of the Senate in civil actions with re- spect to their official responsibilities: Now, conduct a hearing on ‘‘consolidation of tion by title. therefore, be it HUD’s homeless assistance programs.’’ The assistant legislative clerk read Resolved, That the Senate Legal Counsel is The PRESIDING OFFICER. Without as follows: authorized to represent Senator Max Cleland objection, it is so ordered. A concurrent resolution (S. Con. Res. 116) in the case of Harold A. Johnson v. Max SUBCOMMITTEE ON TRANSPORTATION AND commending Israel’s redeployment from Cleland, et al. INFRASTRUCTURE southern Lebanon. f Mr. MCCONNELL. Mr. President, I There being no objection, the Senate ask unanimous consent that the Sub- proceeded to consider the concurrent NOTICE OF HEARING committee on Transportation and In- resolution. SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC frastructure be authorized to meet dur- Mr. ALLARD. Mr. President, I ask PRESERVATION, AND RECREATION ing the session of the Senate on Tues- unanimous consent that the concur- Mr. THOMAS. Mr. President, I would day, May 23, at 10 a.m., to receive testi- rent resolution be agreed to, the pre- like to announce for the information of mony on the administration’s Water amble be agreed to, the motion to re- the Senate and the public that an over- Resources Development Act of 2000 pro- consider be laid upon the table, and sight hearing has been scheduled before posal. any statements relating to the resolu- the Subcommittee on National Parks, The PRESIDING OFFICER. Without tion be printed in the RECORD. Historic Preservation, and Recreation objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. of the Committee on Energy and Nat- SUBCOMMITTEE ON WATER AND POWER ural Resources. The purpose of this The concurrent resolution (S. Con. Mr. MCCONNELL. Mr. President, I oversight hearing is to review the final Res. 116) was agreed to. ask unanimous consent that the Sub- The preamble was agreed to. rules and regulations issued by the Na- committee on Water and Power of the tional Park Service relating to Title IV The concurrent resolution, with its Committee on Energy and Natural Re- preamble, reads as follows: of the National Parks Omnibus Man- sources be authorized to meet during agement Act of 1998. S. CON. RES. 116 the session of the Senate on Tuesday, Whereas Israel has been actively seeking a The hearing will take place on Thurs- May 23 at 2:30 p.m. to conduct a hear- day, June 8 at 2:30 p.m. in room SD–366 comprehensive peace with all of her neigh- ing. The subcommittee will receive tes- bors to bring about an end to the Arab- of the Dirksen Senate Office Building timony on S. 740, a bill to amend the Israeli conflict; in Washington, DC. Federal Power Act to improve the hy- Whereas southern Lebanon has for decades Because of the limited time available droelectric licensing process by grant- been the staging area for attacks against for the hearing, witnesses may testify ing the Federal Energy Regulatory Israeli cities and towns by Hezbollah and by by invitation only. However, those Commission statutory authority to Palestinian terrorists, resulting in the death wishing to submit written testimony or wounding of hundreds of Israeli civilians; better coordinate participation by Whereas United Nations Security Council for the hearing record should send two other agencies and entities, and for copies of their testimony to the Com- Resolution 425 (March 19, 1978) calls upon other purposes. Israel to withdraw its forces from all Leba- mittee on Energy and Natural Re- The PRESIDING OFFICER. Without nese territory; sources, United States Senate, SD–364 objection, it is so ordered. Whereas the Government of Israel unani- Dirksen Senate Office Building, Wash- mously agreed to implement Security Coun- ington, DC 20510–6150. f cil Resolution 425 and has stated its inten- For further information, please con- PRIVILEGES OF THE FLOOR tion of redeploying its forces to the inter- tact Jim O’Toole or Kevin Clark of the national border by July 7, 2000; Mr. MCCONNELL. Mr. President, I committee staff at (202) 244–6969. Whereas Security Council Resolution 425 ask unanimous consent Christyne also calls for ‘‘strict respect for the terri- f Bourne, a legal intern for the Rules torial integrity, sovereignty and political AUTHORITY FOR COMMITTEES TO Committee, be permitted to have ac- independence of Lebanon within its inter- nationally recognized boundaries’’ and estab- MEET cess to the floor during the debate on the FEC nominations. lishes a United Nations interim force to help COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without restore Lebanese sovereignty; and Whereas the Government of Syria cur- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. ask unanimous consent that the Com- rently deploys 30,000 Syrian troops in Leb- Mr. FEINGOLD. Mr. President, I ask anon: Now, therefore, be it mittee on Armed Services be author- unanimous consent that Tom McCor- Resolved by the Senate (the House of Rep- ized to meet during the session of the mick, a legal intern on my staff, be resentatives concurring), That Congress— Senate on Tuesday, May 23, 2000, at 9:30 granted floor privileges during the du- (1) commends Israel for its decision to a.m., in open and closed session to re- ration of the debate on the nomina- withdraw its forces from southern Lebanon ceive testimony on U.S. Strategic Nu- tions that we are considering today and for taking risks for peace in the Middle clear Force requirements. and tomorrow. East; (2) calls upon the United Nations Security The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. Council— objection, it is so ordered. (A) to recognize Israel’s fulfillment of its COMMITTEE ON SMALL BUSINESS f obligations under Security Council Resolu- Mr. MCCONNELL. Mr. President, I tion 425 and to provide the necessary re- ask unanimous consent that the Com- ORDER FOR STAR PRINT—S. 2299 sources for the United Nations Interim Force mittee on Small Business be authorized Mr. ALLARD. Mr. President, I ask in Lebanon (UNIFIL) to implement its man- to meet during the session of the Sen- unanimous consent that S. 2299 be star date under that resolution; and ate on Tuesday, May 23, 2000, beginning printed with the changes that are at (B) to insist upon the withdrawal of all for- eign forces from Lebanese territory so that at 10:00 a.m. in room 428A of the Rus- the desk. Lebanon may exercise sovereignty through- sell Senate Office Building to hold a The PRESIDING OFFICER. Without out its territory; hearing entitled ‘‘IRS Restructuring: A objection, it is so ordered. (3) urges UNIFIL, in cooperation with the New Era for Small Business.’’ f Lebanese Armed Forces, to gain full control The PRESIDING OFFICER. Without over southern Lebanon, including taking ac- objection, it is so ordered. COMMENDING ISRAEL’S REDE- tions to ensure the disarmament of Hezbollah and all other such groups, in order SUBCOMMITTEE ON HOUSING AND PLOYMENT FROM SOUTHERN to eliminate all terrorist activity origi- TRANSPORTATION LEBANON nating from that area; Mr. MCCONNELL. Mr. President, I Mr. ALLARD. Mr. President, I ask (4) appeals to the Government of Lebanon ask unanimous consent that the sub- unanimous consent that the Senate to grant clemency and assure the safety and committee on Housing and Transpor- proceed to the immediate consider- rehabilitation into Lebanese society of all

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4328 CONGRESSIONAL RECORD — SENATE May 23, 2000 members of the South Lebanon Army and enviable ‘‘esprit de corps,’’ marines Whereas the Nation joins the Commandant their families; have used the Marine Corps emblem of of the Marine Corps and the Marine Corps in (5) calls upon the international community the eagle, globe, and anchor to tran- mourning this loss; and to ensure that southern Lebanon does not scend race, ethnicity, gender, geo- Whereas the Marines killed in the accident once again become a staging ground for at- were the following: tacks against Israel and to cooperate in graphic and economic background. (1) Sergeant Jose Alvarez, 28, a bringing about the reconstruction and re- Their tenacity, uncompromising will, machinegunner assigned to 3d Battalion, 5th integration of southern Lebanon; and outspoken pride in being a marine Marine Regiment, 1st Marine Division, of (6) recognizes Israel’s right, enshrined in have endeared them to the nation, and Uvalde, Texas. Chapter 7, Article 51 of the United Nations we, as a nation, grieve their loss. (2) Major John A. Brow, 39, a pilot assigned Charter, to defend itself and its people from Nowhere is this loss felt more deeply to Marine Helicopter Squadron–1, of Cali- attack and reasserts United States support than by the families of these men. I fornia, Maryland. for maintaining Israel’s qualitative military thank them for their unrelenting sup- (3) Private First Class Gabriel C. edge in order to ensure Israel’s long-term se- Clevenger, 21, a machinegunner assigned to curity; and port and sacrifice that they have made 3d Battalion, 5th Marine Regiment, 1st Ma- (7) urges all parties to reenter the peace to their marine, to the Marine Corps, rine Division, of Picher, Oklahoma. process with the Government of Israel in and to their Nation, and offer my sym- (4) Private First Class Alfred Corona, 23, a order to bring peace and stability to all the pathy for their loss. I also recognize machinegunner assigned to 3d Battalion, 5th Middle East. the Marine Corps family—specifically Marine Regiment, 1st Marine Division, of f the 3d Battalion, 5th Marine Regiment, San Antonio, Texas. 1st Marine Division, the Marine Heli- (5) Lance Corporal Jason T. Duke, 28, a HONORING NINETEEN MARINES copter Squadron–1, and the Marine machinegunner assigned to 3d Battalion, 5th AND EXTENDING CONDOLENCES Marine Regiment, 1st Marine Division, of Wing Communications Squadron 38, OF THE SENATE ON THEIR Tempe, Arizona. Marine Air Control Group 38—who DEATHS (6) Lance Corporal Jesus Gonzalez Sanchez, served side by side with these marines 27, an assaultman assigned to 3d Battalion, Mr. ALLARD. Mr. President, I ask and will continue to carry out the mis- 5th Marine Regiment, 1st Marine Division, of unanimous consent that the Senate sion without them. San Diego, California. proceed to the immediate consider- This tragic accident is a brutal re- (7) Major Brooks S. Gruber, 34, a pilot as- ation of S. Res. 310, submitted earlier minder that there is no such thing as signed to Marine Helicopter Squadron–1, of by Senator SNOWE, for herself and oth- ‘‘routine’’ training for our men and Jacksonville, North Carolina. ers. women in the military. Every day, all (8) Lance Corporal Seth G. Jones, 18, an The PRESIDING OFFICER. The assaultman assigned to 3d Battalion, 5th Ma- around the world our armed forces risk rine Regiment, 1st Marine Division, of Bend, clerk will report the resolution by their lives, in peace and in combat, to Oregon. title. support and defend our great Nation, (9) 2d Lieutenant Clayton J. Kennedy, 24, a The assistant legislative clerk read and they deserve our thanks and admi- platoon commander assigned to 3d Battalion, as follows: ration. 5th Marine Regiment, 1st Marine Division, of A resolution (S. Res. 310) honoring the 19 Mr. President, this resolution recog- Clifton Bosque, Texas. members of the United States Marine Corps nizes the sacrifices of these magnifi- (10) Corporal Kelly S. Keith, 22, an aircraft who died on April 8, 2000, and extending the cent 19 marines and their families who crew chief assigned to Marine Helicopter Squadron–1, of Florence, South Carolina. condolences of the Senate on their deaths. embody the Marine Corps credo ‘‘Sem- There being no objection, the Senate (11) Corporal Eric J. Martinez, 21, a field per Fidelis’’ always faithful. It is the radio operator assigned to Marine Wing Com- proceeded to consider the resolution. opportunity for the Senate to pub- munications Squadron 38, Marine Air Con- Ms. SNOWE. Mr. President, I rise to lically thank their families and the trol Group 38, of Coconino, Arizona. speak on a resolution honoring the 19 Marine Corps for their dedication, loy- (12) Lance Corporal Jorge A. Morin, 21, an Marines who died on April 8, 2000 dur- alty, and sacrifice to our Nation, and assaultman assigned to 3d Battalion, 5th Ma- ing a training mission in Marana, AZ, to extend our condolences on this loss. rine Regiment, 1st Marine Division, of and extending the condolences of the Mr. ALLARD. Mr. President, I ask McAllen, Texas. Senate to their families and the Marine unanimous consent that the resolution (13) Corporal Adam C. Neely, 22, a rifleman Corps. assigned to 3d Battalion, 5th Marine Regi- be agreed to, the preamble be agreed ment, 1st Marine Division, of Winthrop, I thank Senators WARNER and LEVIN, to, the motion to reconsider be laid Washington. and the 13 other Senators—from both upon the table, and any statements re- (14) Staff Sergeant William B. Nelson, 30, a sides of the aisle on the Armed Serv- lating to the resolution be printed in satellite communications specialist with Ma- ices Committee—for joining me in bi- the RECORD. rine Air Control Group 38, of Richmond, Vir- partisan support of this resolution. The PRESIDING OFFICER. Without ginia. At approximately 8 p.m. on Satur- objection, it is so ordered. (15) Private First Class Kenneth O. Paddio, day, April 8, while conducting training The resolution (S. Res. 310) was 23, a rifleman assigned to 3d Battalion, 5th as part of the weapons and tactics in- agreed to. Marine Regiment, 1st Marine Division, of structor course, during an operational Houston, Texas. The preamble was agreed to. (16) Private First Class George P. Santos, evaluation of the MV–22 Osprey, the The resolution, with its preamble, 19, a rifleman assigned to 3d Battalion, 5th aircraft unexpectedly plunged to the reads as follows: Marine Regiment, 1st Marine Division, of ground during landing, killing all 19 S. RES. 310 Long Beach, California. marines on board. Whereas on April 8, 2000, an MV–22 Osprey (17) Private First Class Keoki P. Santos, Their deaths stunned the Nation. aircraft crashed during a training mission in 24, a rifleman assigned to 3d Battalion, 5th Among those who died were fathers, support of Operational Evaluation in Marine Regiment, 1st Marine Division, of husbands, boyfriends, brothers, Marana, Arizona, killing all 19 members of Grand Ronde, Oregon. grandsons, nephews, uncles, and the United States Marine Corps onboard; (18) Corporal Can Soler, 21, a rifleman as- Whereas the Marines who lost their lives in signed to 3d Battalion, 5th Marine Regiment, friends. These dedicated men were from 1st Marine Division, of Palm City, Florida. Texas, Maryland, Oklahoma, Cali- the crash made the ultimate sacrifice in the service of the United States and the Marine (19) Private Adam L. Tatro, 19, a rifleman fornia, North Carolina, Oregon, South Corps; assigned to 3d Battalion, 5th Marine Regi- Carolina, Arizona, Washington, Vir- Whereas the families of these magnificent ment, 1st Marine Division, of Kermit, Texas: ginia, and Florida but were bound to- Marines have the most sincere condolences Now, therefore, be it gether in the brotherhood of arms of the Nation; Resolved, That the Senate— known as the United States Marine Whereas the members of the Marine Corps (1) has learned with profound sorrow of the Corps. take special pride in their esprit de corps, deaths of 19 members of the United States Since it was first established through and this tremendous loss will resonate Marine Corps in the crash of an MV–22 Os- a resolution by the Continental Con- through the 3d Battalion, 5th Marine Regi- prey aircraft on April 8, 2000, during a train- ment, 1st Marine Division, Marine Heli- ing mission in Marana, Arizona, and extends gress on November 10, 1775, the United copter Squadron–1, and Marine Wing Com- condolences to the families of these 19 mem- States Marine Corps has been defined munications Squadron 38, Marine Air Con- bers of the United States Marine Corps; by the fearless and indomitable spirit trol Group 38, and the entire Marine Corps (2) acknowledges that these 19 members of of those who have served. Sharing an family; the United States Marine Corps embody the

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4329 credo of the United States Marine Corps, domestic investment. A specific tenet and give its advice and consent to rati- ‘‘Semper Fidelis’’; of U.S. policy, reflected in this Treaty, fication of the Treaty at an early date. (3) expresses its profound gratitude to is that U.S. investment abroad and for- WILLIAM J. CLINTON. these 19 members of the United States Ma- eign investment in the United States THE WHITE HOUSE, May 23, 2000. rine Corps for the dedicated and honorable service they rendered to the United States should receive national treatment. Under this Treaty, the Parties also To the Senate of the United States: and the United States Marine Corps; and With a view to receiving the advice agree to customary international law (4) recognizes with appreciation and re- and consent of the Senate to ratifica- spect the loyalty and sacrifice these families standards for expropriation. The Trea- tion, I transmit herewith the Treaty have demonstrated in support of the United ty includes detailed provisions regard- Between the Government of the United States Marine Corps. ing the computation and payment of States of America and the Government SEC. 2. The Secretary of the Senate shall prompt, adequate, and effective com- transmit an enrolled copy of this resolution of the Republic of Honduras Con- pensation for expropriation; free trans- to the Commandant of the United States Ma- cerning the Encouragement and Recip- fer of funds related to investments; rine Corps and to the families of each mem- rocal Protection of Investment, with ber of the United States Marine Corps who freedom of investments from specified Annex and Protocol, signed at Denver was killed in the accident referred to in the performance requirements; fair, equi- on July 1, 1995. I transmit also, for the first section of this resolution. table, and most-favored-nation treat- information of the Senate, the report f ment; and the investor’s freedom to of the Department of State with re- REMOVAL OF INJUNCTION OF SE- choose to resolve disputes with the spect to this Treaty. CRECY—TREATY DOCUMENT NOS. host government through international The bilateral investment treaty 106–25 THROUGH 106–31 arbitration. (BIT) with Honduras is the fourth such I recommend that the Senate con- Mr. ALLARD. Mr. President, as in Treaty with a Central or South Amer- sider this Treaty as soon as possible executive session, I ask unanimous ican country. The Treaty will protect and give its advice and consent to rati- consent that the Injunction of Secrecy U.S. investment and assist Honduras in fication of the Treaty at an early date. be removed from the following treaties its efforts to develop its economy by WILLIAM J. CLINTON. transmitted to the Senate on May 23, creating conditions more favorable for THE WHITE HOUSE, May 23, 2000. 2000, by the President of the United U.S. private investment and thus strengthen the development of its pri- States: Investment Treaty with Bah- To the Senate of the United States: rain (Treaty Document No. 106–25); In- vate sector. With a view to receiving the advice vestment Treaty with Bolivia (Treaty The Treaty is fully consistent with and consent of the Senate to ratifica- Document No. 106–26); Investment U.S. policy toward international and tion, I transmit herewith the Treaty Treaty with Honduras (Treaty Docu- domestic investment. A specific tenet Between the Government of the United ment No. 106–27); Investment Treaty of U.S. policy, reflected in this Treaty, States of America and the Government with El Salvador (Treaty Document is that U.S. investment abroad and for- of the Republic of Bolivia Concerning No. 106–28); Investment Treaty with eign investment in the United States the Encouragement and Reciprocal Croatia (Treaty Document No. 106–29); should receive national treatment. Protection of Investment, with Annex Investment Treaty with Jordan (Trea- Under this Treaty, the Parties also and Protocol, signed at Santiago, ty Document No. 106–30); Investment agree to international law standards Chile, on April 17, 1998, during the Sec- Treaty with Mozambique (Treaty Doc- for expropriation. The Treaty includes ond Presidential Summit of the Amer- ument No. 106–31). detailed provisions regarding the com- Further, I ask unanimous consent icas. I transmit also, for the informa- putation and payment of prompt, ade- that the treaties be considered as hav- tion of the Senate, the report of the quate, and effective compensation for ing been read for the first time, that Department of State with respect to expropriation; free transfer of funds re- they be referred with accompanying this Treaty. lated to investments; freedom of in- papers to the Committee on Foreign The bilateral investment treaty vestments from specified performance Relations and ordered to be printed, (BIT) with Bolivia is the sixth such requirements; fair, equitable, and and that the President’s messages be treaty between the United States and a most-favored-nation treatment; and printed in the RECORD. Central or South American country. the investor’s freedom to choose to re- The PRESIDING OFFICER. Without The Treaty will protect U.S. invest- solve disputes with the host govern- objection, it is so ordered. ment and assist Bolivia in its efforts to ment through international arbitra- The messages of the President are as develop its economy by creating condi- tion. follows: tions more favorable for U.S. private I recommend that the Senate con- investment and thus strengthen the de- sider this Treaty as soon as possible, To the Senate of the United States: and give its advice and consent to rati- With a view of receiving the advice velopment of its private sector. The Treaty is fully consistent with fication of the Treaty, with Annex and and consent of the Senate to ratifica- Protocol, at an early date. tion, I transmit herewith the Treaty U.S. policy toward international and domestic investment. A specific tenet WILLIAM J. CLINTON. Between the Government of the United THE WHITE HOUSE, May 23, 2000. States of America and the Government of U.S. policy, reflected in this Treaty, of the State of Bahrain Concerning the is that U.S. investment abroad and for- To the Senate of the United States: Encouragement and Reciprocal Protec- eign investment in the United States With a view to receiving the advice tion of Investment, with Annex, signed should receive national treatment. and consent of the Senate to ratifica- at Washington on September 29, 1999. I Under this Treaty, the Parties also tion, I transmit herewith the Treaty transmit also, for the information of agree to customary international law Between the Government of the United the Senate, the report of the Depart- standards for expropriation. The Trea- States of America and the Government ment of State with respect to this ty includes detailed provisions regard- of the Republic of El Salvador Con- Treaty. ing the computation and payment of cerning the Encouragement and Recip- The bilateral investment treaty prompt, adequate, and effective com- rocal Protection of Investment, with (BIT) with Bahrain is the third such pensation for expropriation; free trans- Annex and Protocol, signed at San Sal- treaty between the United States and a fer of funds related to investments; vador on March 10, 1999. I transmit Middle Eastern country. The Treaty freedom of investments from specified also, for the information of the Senate, will protect U.S. investment and assist performance requirements; fair, equi- the report of the Department of State Bahrain in its efforts to develop its table, and most-favored-nation treat- with respect to this Treaty. economy by creating conditions more ment; and the investor’s freedom to The bilateral investment treaty favorable for U.S. private investment choose to resolve disputes with the (BIT) with El Salvador is the seventh and thus strengthen the development host government through international such treaty with a Central or South of its private sector. arbitration. American country. The Treaty will The Treaty is fully consistent with I recommend that the Senate con- protect U.S. investment and assist El U.S. policy toward international and sider this Treaty as soon as possible, Salvador in its efforts to develop its

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4330 CONGRESSIONAL RECORD — SENATE May 23, 2000 economy by creating conditions more I recommend that the Senate con- and assist Mozambique in its efforts to favorable for U.S. private investment sider this Treaty as soon as possible, develop its economy by creating condi- and thereby strengthening the develop- and give its advice and consent to rati- tions more favorable for U.S. private ment of its private sector. fication of the Treaty at an early date. investment and thus strengthen the de- The Treaty is fully consistent with WILLIAM J. CLINTON. velopment of its private sector. U.S. policy toward international and THE WHITE HOUSE, May 23, 2000. The Treaty is fully consistent with domestic investment. A specific tenet U.S. policy toward international and of U.S. policy, reflected in this Treaty, To the Senate of the United States: domestic investment. A specific tenet With a view to receiving the advice is that U.S. investment abroad and for- of U.S. policy, reflected in this Treaty, and consent of the Senate to ratifica- eign investment in the United States is that U.S. investment abroad and for- tion, I transmit herewith the Treaty should receive national treatment. eign investment in the United States Between the Government of the United Under this Treaty, the Parties also should receive national treatment. States of America and the Government agree to customary international law Under this Treaty, the Parties also of the Hashemite Kingdom of Jordan standards for expropriation. The Trea- agree to customary international law Concerning the Encouragement and ty includes detailed provisions regard- standards for expropriation. The Trea- ing the computation and payment of Reciprocal Protection of Investment, with Annex and Protocol, signed at ty includes detailed provisions regard- prompt, adequate, and effective com- ing the computation and payment of pensation for expropriation; free trans- Amman on July 2, 1997. I transmit also, for the information of the Senate, the prompt, adequate, and effective com- fer of funds related to investments; pensation for expropriation; free trans- freedom of investments from specified report of the Department of State with respect to this Treaty. fer of funds related to investments; performance requirements; fair, equi- freedom of investments from specified table, and most-favored-nation treat- The bilateral investment treaty (BIT) with Jordan was the second such performance requirements; fair, equi- ment; and the investor’s freedom to table, and most-favored-nation treat- choose to resolve disputes with the treaty between the United States and a country in the Middle East. The Treaty ment; and the investor’s freedom to host government through international choose to resolve disputes with the arbitration. will protect U.S. investment and assist Jordan in its efforts to develop its host government through international I recommend that the Senate con- arbitration. sider this Treaty as soon as possible, economy by creating conditions more favorable for U.S. private investment I recommend that the Senate con- and give its advice and consent to rati- sider this Treaty as soon as possible fication of the Treaty at an early date. and thus strengthen the development of its private sector. and give its advice and consent to rati- WILLIAM J. CLINTON. fication of the Treaty at an early date. THE WHITE HOUSE, May 23, 2000. The Treaty is fully consistent with U.S. policy toward international and WILLIAM J. CLINTON. To the Senate of the United States: domestic investment. A specific tenet THE WHITE HOUSE, May 23, 2000. With a view to receiving the advice of U.S. policy, reflected in this Treaty, f and consent of the Senate to ratifica- is that U.S. investment abroad and for- FEDERAL PROCUREMENT OPPOR- tion, I transmit herewith the Treaty eign investment in the United States TUNITIES FOR WOMEN-OWNED Between the Government of the United should receive national treatment. BUSINESSES States of America and the Government Under this Treaty, the Parties also Mr. ALLARD. Mr. President, I ask of the Republic of Croatia Concerning agree to customary international law unanimous consent that the Senate the Encouragement and Reciprocal standards for expropriation. The Trea- now proceed to the immediate consid- Protection of Investment, with Annex ty includes detailed provisions regard- eration of S. Res. 311, submitted earlier and Protocol, signed at Zagreb on July ing the computation and payment of by Senator BOND and Senator KERRY. 13, 1996. I transmit also, for the infor- prompt, adequate, and effective com- The PRESIDING OFFICER. The mation of the Senate, the report of the pensation for expropriation; free trans- clerk will report the resolution by Department of State with respect to fer of funds related to investments; title. this Treaty. freedom of investments from specified The assistant legislative clerk read The Bilateral Investment Treaty performance requirements; fair, equi- as follows: (BIT) with Croatia was the fourth such table, and most-favored-nation treat- treaty between the United States and a ment; and the investor’s freedom to A resolution (S. Res. 311) to express the Southeastern European country. The sense of the Senate regarding Federal pro- choose to resolve disputes with the curement opportunities for women-owned Treaty will protect U.S. investment host government through international and assist Croatia in its efforts to de- small businesses. arbitration. There being no objection, the Senate velop its economy by creating condi- I recommend that the Senate con- proceeded to consider the resolution. tions more favorable for U.S. private sider this Treaty as soon as possible, Mr. BOND. Mr. President, I rise in investment and thus strengthen the de- and give its advice and consent to rati- support of the Senate Resolution I in- velopment of its private sector. fication of the treaty at an early date. The Treaty is fully consistent with troduce today which calls attention to WILLIAM J. CLINTON. the Federal Government’s failure to U.S. policy toward international and THE WHITE HOUSE, May 23, 2000. domestic investment. A specific tenet meet the statutory goal to award 5 per- of U.S. policy, reflected in this Treaty, To the Senate of the United States: cent of Federal contract dollars to is that U.S. investment abroad and for- With a view to receiving the advice women-owned small businesses. I am eign investment in the United States and consent of the Senate to ratifica- very pleased that members of the Sen- should receive national treatment. tion, I transmit herewith the Treaty ate Committee on Small Business have Under this Treaty, the Parties also Between the Government of the United cosponsored this Resolution, including agree to customary international law States of America and the Government the committee’s ranking member, Sen- standards for expropriation. The Trea- of Mozambique Concerning the Encour- ator KERRY, Senator BURNS, Senator ty includes detailed provisions regard- agement and Reciprocal Protection of SNOWE, Senator LANDRIEU, Senator ing the computation and payment of Investment, with Annex and Protocol, LIEBERMAN, Senator EDWARDS and Sen- prompt, adequate, and effective com- signed at Washington on December 1, ator ABRAHAM, who authored last pensation for expropriation; free trans- 1998. I transmit also, for the informa- year’s initiative in the committee to fer of funds related to investments; tion of the Senate, the report of the help women reach the 5-percent goal. freedom of investments from specified Department of State with respect to In addition, Senators BINGAMAN and performance requirements; fair, equi- this Treaty. MURRAY have joined us as cosponsors table, and most-favored-nation treat- The bilateral investment treaty of the resolution. ment; and the investor’s freedom to (BIT) with Mozambique is the first This is Small Business Week 2000. It choose to resolve disputes with the such treaty between the United States is very appropriate that we recognize host government through international and a country in Southern Africa. The the important roles played of women- arbitration. Treaty will protect U.S. investment owned small businesses in our Nation’s

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4331 economy and communities. The num- tory goal? Of course not. It’s all a mat- particularly those owned by women ber of small businesses owned and con- ter of priorities. And I think sup- and under-represented minorities. For trolled by women is expanding at a porting women-owned business should example, in 1999, women-owned busi- very rapid rate, and today, they total and must be a priority for each and nesses made up 38 percent of all busi- 38 percent of all businesses in the every cabinet secretary and agency nesses but received only 2.4 percent of United States. Importantly, their num- head. In other words, we are demanding the $189 billion in Federal prime con- bers are expanding at such a pace that performance not promises. tracts. We can do better. And, before it is anticipated women-owned small Were it not for the growth of the we enact new laws, we should promote businesses will make up over 50 percent small business community over the and enforce the ones we have. of all businesses by 2010. That is an as- past decade, our economy would not be First, I want to offer my strong sup- tounding statistic. its booming self. Women-owned small port and sincere compliments to Presi- In 1994, Congress recognized the im- businesses have contributed signifi- dent Clinton for signing an executive portant role women-owned small busi- cantly to our economic strength and order today that reaffirms and nesses play in our economy. During the stability. We need to help stimulate strengthens the executive branch’s consideration of the Federal Acquisi- this growth to strengthen further the commitment to meeting the five-per- tion Streamlining Act, FASA, the Sen- foundation of our business success. The cent procurement goal for women- ate approved a provision directing that 5 percent Federal procurement goal is a owned businesses. His staff has worked 5 percent of all Federal procurement significant component to help women- for months with the Small Business dollars be awarded each year to owned business to start-up and flour- Administration, SBA, the National women-owned small businesses. The ish. Women’s Business Council, the Wom- goal includes 5 percent of prime con- We should not lose sight of the fact en’s Coalition for Access to Procure- tract dollars and 5 percent of sub- that our laws are not keeping up with ment, Women First, Women’s Con- struction Owners and Executives, and contract dollars and was included in the new realities of business, particu- the Women’s Business Enterprise Na- the final FASA Conference Report and larly for women-owned businesses, who tional Council to draft a feasible plan enacted into law. are heating up the economy. We need to help Federal agencies and depart- The Federal departments and agen- to be ever vigilant and remain alert to ments increase the number of con- cies have failed to meet the 5 percent changes in the business climate so that tracts awarded to businesses owned by goal since it was enacted by Congress laws and government policies are rel- women. Announcing that plan this in 1994. After Senator ABRAHAM chaired evant and helpful. We in Congress afternoon is timely. a committee field hearing in Michigan should be prepared to jettison anti- Today I join my colleague Senator on the state of women business owners, quated laws. And we need to recognize BOND to introduce a resolution that en- he offered an amendment addressing that occasionally the best government courages the President to adopt a pol- the failure of the Federal departments policy will be to step aside to avoid icy that reinforces and enforces a pro- and agencies to meet the 5 percent goal hindering progress and growth. curement law Congress passed in 1994. during the Committee on Small Busi- Future Congresses and Administra- That law, the Federal Acquisition ness markup of the ‘‘Women’s Business tions will have a tremendous impact on Streamlining Act, established a gov- Centers Sustainability Act of 1999,’’ S. the success of women-owned busi- ernment-wide goal for all heads of Fed- 791. The amendment was adopted nesses. That is why I am joining with eral departments and agencies to unanimously by the Committee and en- Senators KERRY, OLYMPIA SNOWE, award five percent of their prime and acted into law, Public Law 106–165. It MARY LANDRIEU, DIANNE FEINSTEIN, subcontracts to women-owned busi- directed the General Accounting Office and KAY BAILEY HUTCHISON to convene nesses. First, this resolution asks the to undertake an audit of the Federal a National Women’s Business Summit President to adopt a policy that sup- procurement system and its impact on on June 4–5, 2000, in Kansas City, Mis- ports the law and encourages agencies women-owned small businesses, which souri. The summit will give women and departments to meet the goal. Sec- is underway at this time. small business owners the opportunity ond, this resolution asks the President The statistics for Federal procure- to help formulate national policies on to reinforce the law by holding the ment for FY 1999 have been released. women’s small business issues by gath- heads of agencies and departments ac- Again, the 5 percent goal for women- ering input from women business lead- countable for meeting the five-percent owned small businesses was not met— ers, elected officials and other experts. goal. and again the Federal departments and Results and recommendations from I believe the President’s executive agencies fell over 50 percent short of this summit will be communicated di- order goes beyond the Senate’s request the goal—reaching only 2.4 percent. rectly to the Congress. More informa- and establishes a strong system within The failure of the Administration to tion about the summit can be found on the Federal Government for increasing meet this goal, which is designed to my Senate office Web site at the number of contracts that go to produce opportunities for start-up and www.senate.gov/bond. women-owned businesses. I think it is growing small, women-owned busi- As we begin Small Business Week, I very smart to hire an Assistant Admin- nesses, is disturbing. Over 5 years have hope my colleagues in the Senate will istrator for Women’s Procurement passed since the enactment of FASA, take a moment and recognize the im- within the SBA’s Office of Government and the Federal Government continues portant role small businesses play in Contracting. Increasing opportunities to respond by taking baby steps toward our economy. And I urge them to rein- for women-owned businesses is a full- meeting this Congressionally-man- force their support for the 5-percent time job and devoting staff to this area dated goal. Federal procurement goal and women- is good use of resources. The resolution before the Senate owned small businesses by voting in I also think it is good policy for the today urges the President to adopt an favor of the Senate resolution. Assistant Administrator to evaluate administration policy in support of the Mr. KERRY. Mr. President, women- the agencies’ contracting records on a 5-percent goal. Further, the resolution owned businesses have scored a double semi-annual basis. This has two bene- urges the President to go to the heart victory today. President Clinton and a fits. One, it encourages the procure- of the problem—to those Federal de- bi-partisan coalition of Senators have ment offices to run their operations partments and agencies that are not unveiled separate but complementary like good small businesses. If you ask, carrying their share of the burden in national policies to increase procure- most business owners will tell you that meeting the goal. Specifically, the res- ment opportunities for businesses a key to running a successful business olution asks the President to hold the owned by women. is having a solid business plan and reg- head of each department and agency Though on its face Federal procure- ularly measuring your costs against accountable for meeting the 5-percent ment may not sound like an important revenues and projecting adequate in- goal. issue to the general public, or even a ventory or staff to meet the demands Is it asking too much to require cabi- term that many recognize, it is one of of your products or services. I think it net secretaries and agency heads to the most lucrative, yet difficult, mar- is a very good idea for contracting offi- work harder to comply with a statu- kets for small businesses to access, cers to do the same. Two, this policy

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4332 CONGRESSIONAL RECORD — SENATE May 23, 2000 allows the SBA to work with an agency sector practices that have been suc- ment to increased opportunities for women- that is not meeting its goal midway cessful in increasing contracting op- owned small businesses, it is hereby ordered through the year rather than finding portunities for women business owners. as follows: Section 1. Executive Branch Policy. In order out at the end of the year when it is The additional resources will allow the to reaffirm and strengthen the statutory pol- too late. Council to build on that study and put icy contained in the Small Business Act, 15 Lastly, I like the Administration’s the information to good use, ulti- U.S.C. 644(g)(1), it shall be the policy of the plan because it takes a holistic ap- mately increasing competitive con- executive branch to take the steps necessary proach to procurement. Rather than tracting opportunities for businesses to meet or exceed the 5 percent Government- just focusing on the agencies and de- owned by women. wide goal for participation in procurement partments, it requires the Assistant In addition to supporting reauthor- by women-owned small businesses (WOSBs). Administrator to organize training and ization of the National Women’s Busi- Further, the executive branch shall imple- development seminars that teach ness Council, last year I introduced the ment this policy by establishing a participa- tion goal for WOSBs of not less than 5 per- women entrepreneurs about the com- Women’s Business Centers Sustain- cent of the total value of all prime contract plex world of Federal procurement and ability Act of 1999. Now public law, awards for each fiscal year and of not less the SBA’s procurement programs. It that legislation is helping Centers ad- than 5 percent of the total value of all sub- will be much easier for women-owned dress the funding constraints that have contract awards for each fiscal year. businesses to compete for Federal con- been making it increasingly difficult Sec. 2. Responsibilities of Federal Departments tracts if they understand the process for them to sustain the level of services and Agencies. Each department and agency and how to find out about opportuni- they provide after they graduate from (hereafter referred to collectively as ‘‘agen- cy’’) that has procurement authority shall ties. the Women’s Business Centers program develop a long-term comprehensive strategy I think it is important to note that and no longer receive federal matching to expand opportunities for WOSBs. Where while the government as a whole is not funds. It is important to note that SBA feasible and consistent with the effective and contracting as it should with women- requires Women’s Business Centers to efficient performance of its mission, each owned firms, there are some out- provide procurement training. agency shall establish a goal of achieving a standing exceptions. Some Federal As part of that bill, we passed an participation rate for WOSBs of not less than agencies have taken the lead in work- amendment addressing Federal pro- 5 percent of the total value of all prime con- ing with women owned firms, and curement opportunities for women- tract awards for each fiscal year and of not should be congratulated. According to owned small businesses. The amend- less than 5 percent of the total value of all subcontract awards for each fiscal year. The the Federal Procurement Data System, ment expressed the sense of the Senate agency’s plans shall include, where appro- the Department of Housing and Urban that the General Accounting Office priate, methods and programs as set forth in Development, the Consumer Product should conduct an audit on the federal section 4 of this order. Safety Commission, the Federal Mine procurement system for the preceding Sec. 3. Responsibilities of the Small Business Safety & Health Review Commission, three years. Unlike the Council’s pre- Administration. The Small Business Adminis- the Nuclear Regulatory Commission, vious studies and reports that focused tration (SBA) shall establish an Assistant and the Small Business Administration on data and best practices, this report Administrator for Women’s Procurement have all not only met the five percent was to focus on why the agencies within the SBA’s Office of Government Con- tracting. This officer shall be responsible for: goal, but have come in at around fif- haven’t met the congressionally man- (a) working with each agency to develop teen percent or better. That is three dated five-percent procurement goal and implement policies to achieve the par- times the goal set by Congress. for small businesses owned by women. ticipation goals for WOSBs for the executive These Federal agencies know that Mr. President, the Federal agencies branch and individual agencies; working with women-owned firms is have begun to make progress since (b) advising agencies on how to implement not simply an altruistic exercise. These Congress enacted the five-percent pro- strategies that will increase the participa- firms are strong, dependable and do curement goal, but I want the con- tion of WOSBs in Federal procurement; (c) evaluating, on a semiannual basis, good work. These firms provide a solid tracting managers to remember that using the Federal Procurement Data System service to their customer, and the Fed- this goal is a minimum, not a max- (FPDS), the achievement of prime and sub- eral contracting officers know it. In imum. Out of the more than 9 million contract goals and actual prime and sub- total, 20 Federal agencies either met or businesses owned by women in this contract awards to WOSBs for each agency; exceeded the five percent goal. country, I believe that the Federal (d) preparing a report, which shall be sub- Therefore, we know that it is indeed Government can find ones that are mitted by the Administrator of the SBA to possible for Government agencies to qualified and reliable, with good prod- the President, through the Interagency Com- meet the five percent goal. With this mittee on Women’s Business Enterprise and ucts and services, to fill their contracts the Office of Federal Procurement Policy resolution, it is our hope that agencies if they make it a priority. (OFPP), on findings based on the FPDS, re- will work harder, following the exam- I believe that the President’s Execu- garding prime contracts and subcontracts ples of the agencies I discussed earlier, tive Order establishes a strong system awarded to WOSBs; to contract with women-owned firms. within the Federal Government for in- (e) making recommendations and working I’ve supported many initiatives over creasing the number of contracts that with Federal agencies to expand participa- the years to increase resources and op- go to women-owned businesses, and I tion rates for WOSBs, with a particular em- portunities for businesses owned by look forward to seeing the Federal de- phasis on agencies in which the participation women. Most recently, I supported partments and agencies meet the five- rate for these businesses in less than 5 per- cent; Senator LANDRIEU’s legislation to re- percent goal this year, as the Senate (f) providing a program of training and de- authorize the National Women’s Busi- resolution emphasizes. velopment seminars and conferences to in- ness Council for 3 years, and to in- I ask unanimous consent that this struct women on how to participate in the crease the annual appropriation from statement and a copy of the Executive SBA’s 8(a) program, the Small Disadvan- $600,000 to $1 million. Part of that in- Order be printed in the RECORD. taged Business (SDB) program, the HUBZone crease will be used to assist Federal There being no objection, the mate- program, and other small business con- agencies meet the five-percent procure- rial was ordered to be printed in the tracting programs for which they may be eli- RECORD, as follows: gible; ment goal for women-owned businesses. (g) developing and implementing a single The Council has provided great leader- EXECUTIVE ORDER uniform Federal Government-wide website, ship in this area, making increased INCREASING OPPORTUNITIES FOR WOMEN-OWNED which provides links to other websites with- contracting opportunities a priority SMALL BUSINESSES in the Federal system concerning acquisi- since it was created in 1988, and earned By the authority vested in me as President tion, small businesses, and women-owned praise from Democrats and Repub- by the Constitution and the laws of the businesses, and which provides current pro- licans for two extensive procurement United States of America, including the curement information for WOSBs and other studies it published in 1998 and 1999. Small Business Act, 15 U.S.C. 631, et seq., small businesses; section 7106 of the Federal Acquisition (h) developing an interactive electronic The first study tracked 11 years of Fed- Streamlining Act of 1994 (Public Law 103– commerce database that allows small busi- eral contracting so that we have meas- 355), and the Office of Federal Procurement nesses to register their businesses and capa- urable data, and the second study iden- Policy, 41 U.S.C. 403, et seq., and in order to bilities as potential contractors for Federal tified and analyzed public and private strengthen the executive branch’s commit- agencies, and enables contracting officers to

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4333 identify and locate potential contractors; I have had the opportunity to speak businesses, including federal contracts. and with many women business leaders in Over the past ten we’ve seen thousands (i) working with existing women-owned Michigan on this matter, and the gen- of women entrepreneurs start or ex- business organizations, State and local gov- ernments, and others in order to promote the eral opinion is that there are certain pand their own businesses. It is impor- sharing of information and the development doors that are closed to women busi- tant we realize that women-owned of more uniform State and local standards ness owners. In a field hearing I held in businesses are the fastest growing seg- for WOSBs that reduce the burden on these Michigan last summer on issues to ment of the business community in the firms in competing for procurement opportu- women in business, I found that many United States. In fact, in the next ten nities. times women business owners face the years, it is expected that women-owned Sec. 4. Other Responsibilities of Federal Agen- same problems as men in the private businesses will make up more than cies. To the extent permitted by law, each Federal agency shall work with the SBA to sector. However, when looking at the one-half of all businesses in the United ensure maximum participation of WOSBs in representation of women in terms of States. the procurement process by taking the fol- federal procurement dollars, the dif- This week has been designated as lowing steps: ference is striking. Small Business Week, therefore it is (a) designating a senior acquisition official Six years after posting a modest five- only fitting that the Senate should who will work with the SBA to identify and percent goal of Federal procurement pass this resolution to symbolize the promote contracting opportunities for dollars for women-owned small busi- Senate’s concern that the Federal de- WOSBs; nesses, Federal departments and agen- (b) requiring contracting officers, to the partments and agencies have not made maximum extent practicable, to include cies have fallen far short. Last year, adequate effort in meeting the five per- WOSBs in competitive acquisitions; only 2.4 percent of the total dollar cent goal established in 1994 as part of (c) prescribing procedures to ensure that value of all Federal prime contracts the Federal Acquisition Streamlining acquisition planners, to the maximum extent went to women business owners. This Act. I fully support this Senate resolu- practicable, structure acquisitions to facili- shortfall is staggering when taking tion and urge Federal agencies to make tate competition by and among small busi- into account that women-owned small a concerted effort to meet this 5-per- nesses, HUBZone small businesses, SDBs, businesses are the fastest growing seg- and WOSBs, and providing guidance on cent goal. structuring acquisitions, including, but not ment of the business community in the Mr. ALLARD. Mr. President, I ask limited to, those expected to result in mul- United States. In fact, by the year 2010, unanimous consent that the resolution tiple award contracts, in order to facilitate women-owned small businesses are ex- be agreed to, the preamble be agreed competition by and among these groups; pected to make up more than one-half to, the motion to reconsider be laid (d) implementing mentor-protege pro- of all businesses in the United States. upon the table, and any statements re- grams, which include women-owned small As a result of this striking informa- lating to the resolution be printed in business firms; and tion, I introduced an amendment to the RECORD. (e) offering industry-wide as well as indus- last year’s Women Business Centers try-specific outreach, training, and technical The PRESIDING OFFICER. Without Sustainability Act that called for a assistance programs for WOSBs including, objection, it is so ordered. GAO report studying the trends, bar- where appropriate, the use of Government The resolution (S. Res. 311) was acquisitions forecasts, in order to assist riers and possible solutions to this defi- WOSBs in developing their products, skills, ciency. I am proud to report that this agreed to. business planning practices, and marketing report stands to be completed by the The preamble was agreed to. techniques. end of the year. However, this alone The resolution, with its preamble, Sec. 5. Subcontracting Plans. The head of will not provide Federal procurement reads as follows: each Federal agency, or designated rep- resentative, shall work closely with the opportunities for women-owned small S. RES. 311 SBA, OFPP, and others to develop proce- businesses. The administration must Whereas women-owned small businesses dures to increase compliance by prime con- become actively involved in demanding are the fastest growing segment of the busi- tractors with subcontracting plans proposed Federal departments and agencies ac- ness community in the United States; under section 8(d) of the Small Business Act complish the five-percent procurement Whereas women-owned small businesses (15 U.S.C. 637(d)) or section 834 of Public Law goal. will make up more than one-half of all busi- 101–189, as amended (15 U.S.C. 637 note), in- Mr. President, I have been advo- ness in the United States by the year 2010; cluding subcontracting plans involving cating this issues for quite some time Whereas in 1994, the Congress enacted the WOSBs. Federal Acquisition Streamlining Act of Sec. 6. Action Plans. If a Federal agency now. My colleagues and I in the Senate 1994, establishing a Government-wide goal fails to meet its annual goals in expanding Small Business Committee have con- for small businesses owned and controlled by contract opportunities for WOSBs, it shall sistently supported efforts empowering women of not less than 5 percent of the total work with the SBA to develop an action plan the spirit of entrepreneurship in Amer- dollar value of all prime contracts and sub- to increase the likelihood that participation ican women. In my view, these actions contract awards for each fiscal year; goals will be met or exceeded in future years. must be adopted and enforced on all Sec. 7. Compliance. Independent agencies Whereas the Congress intended that the de- levels of government. partments and agencies of the Federal Gov- are requested to comply with the provisions I hope my colleagues in the Senate of this order. ernment make a concerted effort to move to- Sec. 8. Consultation and Advice. In devel- will join me in encouraging the Presi- ward that goal; oping the long-term comprehensive strate- dent to hold the heads of the Federal Whereas in fiscal year 1999, the depart- gies required by section 2 of this order, Fed- departments and agencies accountable ments and agencies of the Federal Govern- eral agencies shall consult with, and seek in- to ensure that the five percent goal is ment awarded prime contracts totaling 2.4 formation and advice from, State and local achieved during this fiscal year. percent of the total dollar value of all prime governments, WOSBs, other private-sector Mr. BURNS. Mr. President, today I contracts; and partners, and other experts. join Senator BOND, Senator KERRY, and Whereas in each fiscal year since enact- Sec. 9. Judicial Review. This order is for in- others in support of a Senate resolu- ment of the Federal Acquisition Stream- ternal management purposes for the Federal lining Act of 1994, the Federal departments Government. It does not create any right or tion urging the President to adopt a and agencies have failed to reach the 5 per- benefit, substantive or procedural, enforce- policy to ensure that the 5-percent cent procurement goal for women-owned able at law or equity by a party against the Federal procurement goal for women- small businesses: Now, therefore, be it United States, its agencies, its officers, its owned small businesses is met. Resolved, That— employees, or any other person. In 1994, Congress enacted the Federal (1) the Senate strongly urges the President WILLIAM J. CLINTON. Acquisition Streamlining Act, estab- to adopt a policy in support of the 5 percent THE WHITE HOUSE, May 23, 2000. lishing a Government-wide goal for procurement goal for women-owned small Mr. ABRAHAM. Mr. President, today small businesses owned and controlled businesses, and to encourage the heads of the I join my colleagues from the Senate by women. This act allows for no less Federal departments and agencies to under- Small Business Committee, Chairman take a concerted effort to meet the 5 percent than five percent of the total dollar goal before the end of fiscal year 2000; and KIT BOND and Ranking Member JOHN value of all prime contracts and sub- (2) the President should hold the heads of KERRY, in support of increased involve- contract awards for each year. the Federal departments and agencies ac- ment of women-owned small businesses Over the past few years, we have wit- countable to ensure that the 5 percent goal in the Federal procurement process. nessed the growth of women-owned is achieved during fiscal year 2000.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4334 CONGRESSIONAL RECORD — SENATE May 23, 2000 APPOINTMENT Senate may direct its counsel to represent civil actions in which they are sued in employees of the Senate with respect to any their official capacity. The PRESIDING OFFICER. The subpoena, order, or request for testimony re- Chair, on behalf of the Vice President, The writ of quo warranto can have no lating to their official responsibilities; applicability to United States Senators in accordance with 22 U.S.C. 1928a– Whereas, by the privileges of the Senate of 1928d, as amended, appoints the fol- the United States and Rule XI of the Stand- or Representatives, as Article I, sec- lowing Senators as members of the ing Rules of the Senate, no evidence under tion 5 of the United States Constitu- Senate Delegation to the NATO Par- the control or in the possession of the Senate tion commits to each House of Con- liamentary Assembly during the Sec- may, by the judicial or administrative proc- gress the sole power to seat and remove ond Session of the 106th Congress, to be ess, be taken from such control or possession its Members. This action is also barred but by permission of the Senate; by the speech or debate clause. held in Budapest, Hungary, May 26–30, Whereas, when it appears that evidence 2000: The Senator from Iowa (Mr. This resolution would authorize the under the control or in the possession of the Senate Legal Counsel to represent Sen- GRASSLEY), Acting Chairman; the Sen- Senate may promote the administration of ator from Pennsylvania (Mr. SPECTER); justice, the Senate will take such action as ator CLELAND to seek his dismissal the Senator from Wyoming (Mr. ENZI); will promote the ends of justice consistently from this matter. and the Senator from Ohio (Mr. VOINO- with the privileges of the Senate: Now, Mr. ALLARD. Mr. President, I ask VICH). therefore, be it unanimous consent that the resolution Resolved, That Lesley Reser and Lane be agreed to, the preamble be agreed f Ralph, and any other employee of Senator to, the motion to reconsider be laid AUTHORIZING ACTION IN STATE Lugar’s office from whom testimony may be upon the table, and a statement of ex- required, are authorized to testify and OF INDIANA V. AMY HAN planation be printed in the RECORD. produce documents in the case of State of In- Mr. ALLARD. Mr. President, I ask diana v. Amy Han, except concerning mat- The PRESIDING OFFICER. Without unanimous consent that the Senate ters for which a privilege should be asserted. objection, it is so ordered. now proceed to the immediate consid- SEC. 2. The Senate Legal Counsel is author- The resolution (S. Res. 313) was eration of S. Res. 312, submitted earlier ized to represent Lesley Reser, Lane Ralph, agreed to. by Senator LOTT and Senator DASCHLE. and any other employee of Senator Lugar’s The preamble was agreed to. The PRESIDING OFFICER. The office in connection with the testimony and The resolution, with its preamble, document production authorized in section reads as follows: clerk will report the resolution by one of this resolution. title. S. RES. 313 The assistant legislative clerk read f Whereas, Senator Max Cleland has been as follows: AUTHORIZING ACTION IN HAROLD named as a defendant in the case of Harold A. Johnson v. Max Cleland, et al., Case No. A resolution (S. Res. 312) to authorize tes- A. JOHNSON V. MAX CLELAND, 2000CV22443, now pending in the Superior timony, document production, and legal rep- ET AL. Court of Fulton County, Georgia; resentation in State of Indiana v. Amy Han. Mr. ALLARD. Mr. President, I ask Whereas, pursuant to sections 703(a) and There being no objection, the Senate unanimous consent that the Senate 704(a)(2) of the Ethics in Government Act of proceeded to consider the resolution. now proceed to the immediate consid- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the Mr. LOTT. Mr. President, this resolu- eration of S. Res. 313, submitted earlier Senate may direct its counsel to represent tion concerns a request for testimony by Senators LOTT and DASCHLE. Members of the Senate in civil actions with in a criminal action in Indiana Supe- The PRESIDING OFFICER (Mr. respect to their official responsibilities: rior Court for the County of Marion. In Now, therefore, be it BROWNBACK). The clerk will report the Resolved, That the Senate Legal Counsel is the case of State of Indiana v. Amy resolution by title. authorized to represent Senator Max Cleland Han, the county prosecutor has The assistant legislative clerk read in the case of Harold A. Johnson v. Max charged the defendant with two counts as follows: Cleland, et al. of criminal trespass on Senator A resolution (S. Res. 313) to authorize rep- f LUGAR’S Indianapolis office. Pursuant resentation by the Senate Legal Counsel in to subpoenas issued on behalf of the Harold A. Johnson v. Max Cleland, et al. NATIONAL CHILD’S DAY county prosecutor, this resolution au- There being no objection, the Senate Mr. ALLARD. Mr. President, I ask thorizes two employees in Senator proceeded to consider the resolution. unanimous consent that the Senate LUGAR’S office who witnessed the Mr. LOTT. Mr. President, a pro se proceed to the immediate consider- events giving rise to the trespass plaintiff has commenced a civil action ation of Calendar No. 561, S. Res. 296. charges, and any other employee in the against Senator CLELAND and a state The PRESIDING OFFICER. The Senator’s office from whom testimony official in Georgia state court seeking clerk will report the resolution by may be required, to testify and produce an order removing them from office on title. documents at trial, with representa- the purported ground that their elec- The assistant legislative clerk read tion by the Senate Legal Counsel. tion by plurality vote, while expressly as follows: Mr. ALLARD. Mr. President, I ask authorized by Georgia statutes, vio- A resolution (S. Res. 296) designating the unanimous consent that the resolution lates the Georgia Constitution. This first Sunday in June of each calendar year as be agreed to, the preamble be agreed suit is the plaintiff’s second challenge ‘‘National Child’s Day’’. to, the motion to reconsider be laid to Georgia’s current election laws. There being no objection, the Senate upon the table, and a statement of ex- Having lost his first challenge against proceeded to consider the resolution, planation be printed in the RECORD. the State Board of Elections, the plain- which had been reported from the Com- The PRESIDING OFFICER. Without tiff now is bringing an identical chal- mittee on the Judiciary, with an objection, it is so ordered. lenge to the Georgia election laws amendment, as follows: The resolution (S. Res. 312) was through the use of the ancient writ of (The part of the bill intended to be agreed to. quo warranto. stricken is shown in boldface brackets The preamble was agreed to. Senator CLELAND, who was elected to and the part of the bill intended to be The resolution, with its preamble, the Senate almost four years ago, in inserted is shown in italic.) reads as follows: 1996, in an election that was not the S. RES. 296 S. RES. 312 subject of any election contest brought Whereas the first Sunday of June falls be- Whereas, in the case of State of Indiana v. before the Senate, is sued solely be- tween Mother’s Day and Father’s Day; Amy Han, C. No. 99–148243, pending in the In- cause of his official capacity as a sit- Whereas each child is unique, a blessing, diana Superior Court of Marion County, ting Senator. This quo warranto action and holds a distinct place in the family unit; Criminal Division, testimony has been re- in essence challenges his taking of the Whereas the people of the United States quested from Lesley Reser and Lane Ralph, oath of office, as well as the Senate’s should celebrate children as the most valu- employees in the office of Senator Richard able asset of the United States; Lugar; action in seating him. As such, it falls Whereas the children represent the future, Whereas, pursuant to sections 703(a) and appropriately within the Senate Legal hope, and inspiration of the United States; 704(a)(2) of the Ethics in government Act of Counsel’s statutory responsibility to Whereas the children of the United States 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the represent Members of the Senate in should be allowed to feel that their ideas and

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — SENATE S4335 dreams will be respected because adults in The resolution (S. Res. 296), as modate the party dinners Wednesday the United States take time to listen; amended, was agreed to. night, votes will occur prior to 6 p.m. Whereas many children of the United The preamble was agreed to. f States face crises of grave proportions, espe- The title was amended so as to read: cially as they enter adolescent years; Whereas it is important for parents to ‘‘Designating June 4, 2000, as ‘National ADJOURNMENT UNTIL 10 A.M. spend time listening to their children on a Child’s Day.’ ’’ TOMORROW daily basis; f Mr. ALLARD. Mr. President, if there Whereas modern societal and economic de- is no further business to come before mands often pull the family apart; ORDERS FOR WEDNESDAY, MAY 24, the Senate, I now ask unanimous con- Whereas, whenever practicable, it is impor- 2000 tant for both parents to be involved in their sent that the Senate stand in adjourn- child’s life; Mr. ALLARD. Mr. President, I ask ment under the previous order. Whereas encouragement should be given to unanimous consent that when the Sen- There being no objection, the Senate, families to set aside a special time for all ate completes its business today, it at 7:01 p.m., adjourned until Wednes- family members to engage together in fam- stand in adjournment until 10 a.m. on day, May 24, 2000, at 10 a.m. ily activities; Wednesday, May 24. I further ask that Whereas adults in the United States should on Wednesday, immediately following f have an opportunity to reminisce on their youth to recapture some of the fresh insight, the prayer, the Journal of proceedings NOMINATIONS innocence, and dreams that they may have be approved to date, the morning hour be deemed to have expired, and the Executive nominations received by lost through the years; the Senate May 23, 2000: Whereas the designation of a day to com- time for the two leaders be reserved for memorate the children of the United States their use later in the day. I further ask FEDERAL RETIREMENT THRIFT INVESTMENT will provide an opportunity to emphasize to consent that the Senate then proceed BOARD children the importance of developing an to a period of morning business until 11 DON HARRELL, OF NEW YORK, TO BE A MEMBER OF ability to make the choices necessary to dis- THE FEDERAL RETIREMENT THRIFT INVESTMENT a.m., with Senators speaking therein BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2002, VICE tance themselves from impropriety and to JEROME A. STRICKER, TERM EXPIRED. contribute to their communities; for up to 5 minutes each, with the fol- Whereas the people of the United States lowing exceptions: Senator DURBIN, or DEPARTMENT OF ENERGY should emphasize to children the importance his designee, from 10 to 10:30 a.m.; Sen- MILDRED SPIEWAK DRESSELHAUS, OF MASSACHU- SETTS, TO BE DIRECTOR OF THE OFFICE OF SCIENCE, DE- of family life, education, and spiritual quali- ator THOMAS, or his designee, from PARTMENT OF ENERGY. (NEW POSITION) ties; 10:30 to 11 a.m. Whereas because children are the responsi- INSTITUTE OF AMERICAN INDIAN & ALASKA The PRESIDING OFFICER. Without NATIVE CULTURE & ARTS DEVELOPMENT bility of all people of the United States, ev- objection, it is so ordered. eryone should celebrate children, whose JAYNE G. FAWCETT, OF CONNECTICUT, TO BE A MEM- questions, laughter, and dreams are impor- f BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND tant to the existence of the United States; ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2006, and UNANIMOUS CONSENT VICE ALFRED H. QOYAWAYMA, TERM EXPIRED. Whereas the designation of a day to com- AGREEMENT—S. 2603 IN THE NAVY memorate the children will emphasize to the Mr. ALLARD. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT people of the United States the importance unanimous consent that the Senate IN THE UNITED STATES NAVY TO THE GRADE INDICATED of the role of the child within the family and WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND society: Now, therefore, be it begin consideration of S. 2603, the leg- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Resolved, That the Senate— islative branch appropriations bill, at To Be Admiral (1) designates øthe first Sunday in June of 11 a.m. VICE ADM. ROBERT J. NATTER, 0000 each year¿ June 4, 2000, as ‘‘National Child’s The PRESIDING OFFICER. Without Day’’; and objection, it is so ordered. f (2) requests the President to issue a procla- mation calling on the people of the United f WITHDRAWALS States to observe the day with appropriate PROGRAM Executive messages transmitted by ceremonies and activities. the President to the Senate on May 23, Mr. ALLARD. Mr. President, for the Amend the title to read as follows: ‘‘Desig- 2000, withdrawing from further Senate nating June 4, 2000, as ‘National Child’s information of all Senators, the Senate consideration the following nomina- Day’ ’’. will convene at 10 a.m. on Wednesday tions: Mr. ALLARD. Mr. President, I ask and be in a period of morning business DEPARTMENT OF COMMERCE unanimous consent that the resolution, until 11 a.m. Following morning busi- as amended, be agreed to, the preamble ness, the Senate will begin debate on Nicholas P. Godici, of Virginia, to be an the legislative branch appropriations Assistant Commissioner of Patents and be agreed to, the motion to reconsider Trademarks, vice Philip G. Hampton, II, be laid upon the table, the title amend- bill. It is hoped that an agreement can which was sent to the Senate on January 31, ment be agreed to, and any statements be made regarding debate time and 2000. relating thereto be printed in the amendments so that a vote can occur DEPARTMENT OF ENERGY during tomorrow’s session of the Sen- RECORD. Mildred Spiewak Dresselhaus, of Massa- The PRESIDING OFFICER. Without ate. There are approximately 40 min- chusetts, to be Director of the Office of En- objection, it is so ordered. utes of debate remaining on executive ergy Research, vice Martha Anne Krebs, The committee amendment was nominations, with up to six votes to which was sent to the Senate on April 13, agreed to. occur tomorrow afternoon. To accom- 2000.

VerDate Mar 15 2010 23:58 May 13, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2000-SENATE-REC-FILES\S23MY0.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E809 EXTENSIONS OF REMARKS

SECRETARY ALBRIGHT’S RE- REMARKS AT NATIONAL ENDOWMENT FOR that corrupts but fear. Fear of losing power MARKS ON THE ANNIVERSARY DEMOCRACY corrupts those who wield it and fear of the OF BURMA’S MILITARY COUP Secretary of State Madeleine K. Albright scourge of power corrupts those who are sub- SECRETARY ALBRIGHT: Thank you very ject to it.’’ much, Carl, and I am truly pleased to be here As Carl mentioned, I did meet Aung San HON. TOM LANTOS today for this event, and I am very pleased Suu Kyi in 1995. I went to Rangoon imme- OF CALIFORNIA to be here with my good friend, Ambassador diately after the Women’s Conference in Bei- IN THE HOUSE OF REPRESENTATIVES Vondra, Ambassador Jayanama, and the jing. And she and I, I must say, hit it off im- mediately. She is a remarkable woman of Tuesday, May 23, 2000 members of Congress who just left. But I’m very glad they were here. Con- fragile beauty and inner strength, and I ad- Mr. LANTOS. Mr. Speaker, just a few days gressman Pelosi and Congressman Kucinich, mire her more than almost anyone that I ago, here on Capitol Hill, our outstanding Sec- Congressman Lantos and Congressmen have met. People often ask me about the symbolism retary of State, Madeleine K. Albright, and the Payne and Porter. And they have really been wonderful supporters of democracy and I’m of my jewelry. Well, today here the freedom National Endowment for Democracy, joined by light and here is a necklace that Aung San a number of Members of Congress marked always very pleased to be able to work with them. And there are so many other distin- Suu Kyi gave me. And if in any way she the 10th anniversary of the election victory of guished colleagues, guests and friends who would know that, I would be very pleased. Burma's National League for Democracy led are here. She is a wonderful person who has kept the by Aung San Suu Kyi in free Burmese elec- The National Endowment for Democracy is spirit alive. tions in May 1990. Shortly after that demo- one of my favorite institutions. And I think She is using the tenth anniversary of elec- cratic victory, the Burmese military annulled Carl explained why. It has pioneered the use tions to renew her call for a dialogue aimed of our own civil society to work with sup- at returning her country to democracy. The the results of the election and seized power in authorities have responded with a new wave a military coup. porters of democracy from other countries and cultures. It’s had extraordinary success of arrests and slanders. In a sense, the battle After the military crackdown against the vic- in helping democracy-builders learn from of wills between Aung San Suu Kyi and the tors of the democratic election, supporters of each other by sharing experiences across na- government is grossly unequal. The military the National League for Democracy were ar- tional lines. And by so doing has helped to has all the weapons of coercion. rested and many were forced to flee their give global impetus to the movement to de- So each time Aung San Suu Kyi speaks to homeland. Aung San Suu Kyi was placed mocracy. her supporters in Burma, she is vulnerable. under house arrest, and has been harassed The Open Society Institute and the Insti- Each time she expresses outrage about the tute for Asian Democracy provide further lack of opportunities available to Burmese and intimidated by the vicious and brutal mili- children, or the decline in education, the tary dictatorship. In appropriate recognition of evidence that the desire to choose one’s own leaders freely and without fear is indeed a spread of disease, the loss of freedom—she is her peaceful struggle for democratic change in universal human aspiration. It is also a uni- vulnerable. And each time she records a vid- Burma, Aung San Suu Kyi received the Nobel versal human right. eotape of the type we just watched, she is Peace Prize in 1991. The continued military Today, we assemble to mark the tenth an- vulnerable. Always, she is vulnerable. harassment of Ms. Suu Kyi was so intense niversary of the last time that right was ex- We, here in the United States, cannot and bitter that she refused to leave Burma last ercised by the people of Burma, and to pay change that. But we can ensure that Aung tribute to the overwhelming winner of those San Suu Kyi and her Burmese allies are year when she learned that her husband was never alone, for their bravery and sacrifice dying of cancer in the United Kingdom. It was elections, the National League for Democ- racy, and to its leader Aung San Suu Kyi. are part of a larger struggle that has en- clear that the military junta would not permit As many of you know, Aung San Suu Kyi gaged the energies and courage of human- her to return to Burma if she had left. is the daughter of the late Aung San, the kind for generations. Aung San Suu Kyi was able to speak to the hero of Burmese independence. She was edu- After all, Gandhi was vulnerable when he gathering only via a videotaped message, but cated abroad, but in 1988, returned to Burma. told a Court in colonial India that ‘‘non-co- she expressed thanks to the United States This was a period of turbulence, but after operation with evil is as much a duty as co- and other countries for ``supporting us in our years of military rule, a democratic opening operation with good.’’ In fighting apartheid, did, in fact, seem possible. Mandela was vulnerable. In defending Jewish endeavor to have the results of the 1990 elec- emigration, Shcharansky was vulnerable. In tions recognized at this time, when the military Although reluctant at first, Aung San Suu Kyi began to speak out with fearless elo- asserting her rights, Rosa Parks was vulner- regime are trying hard to pretend that the re- quence, and to electrifying effect. As a re- able. sults of the elections are no longer valid.'' sult, the 1990 elections were a rout. The NLD The struggle for freedom is never easy and Mr. Speaker, in marking this important Bur- won more than 80% of the Parliamentary never over. Progress depends on courageous mese anniversary last week, Secretary seats contested. leaders such as Aung San Suu Kyi, and on Albright delivered an impassioned message of But instead of respecting the people’s those willing to undergo hardships and grave support for Aung San Suu Kyi and the Bur- voice, the military tried to silence it. The risks such as the members of the NLD. It also depends on us. mese patriots of the National League for De- authorities consolidated their own powers, threw dozens of elected representatives in Vaclav Havel, who endorsed Aung San Suu mocracy. Secretary Albright said: ``We renew jail, and drove others into exile. Aung San Kyi for the Nobel Prize, has told me many our commitment to Aung San Suu Kyi and the Suu Kyi, herself, spent more than five years times how important it was for those strug- National League for Democracy. As long as under house arrest. gling to bring freedom to Central and East- you struggle, we will do all we can to assist. Some time ago, when I was serving as US ern Europe to know they had friends around And we know that you will not stop struggling Permanent Representative to the UN, I trav- the globe. until you prevail.'' eled to Burma. I met with General Khin Last year, the National Endowment helped Mr. Speaker, that spirit truly pervades the Nyunt, head of the military intelligence. We bring together the World Movement for De- didn’t get along very well. mocracy in New Delhi. Next month, the position of the Administration, the Congress, According to the General, the authorities United States will participate in a Commu- and the American people toward the repres- are saving Burma from chaos by imposing nity of Democracies conference in Warsaw. sive regime in Burma and toward the heroine, stability upon an ethnically diverse popu- And our purpose is to see that the demo- Aung San Suu Kyi, who has the courage and lation. Thus, he said, the government is not cratic tide remains a rising tide around the integrity to stand up against that vicious anti- only respected by the Burmese, but loved. world, by helping those who have gained democratic military junta. In her outstanding ‘‘After all’’, he said, ‘‘our people smile all the freedom to sustain it, and by expressing soli- speech, Secretary Albright strongly reaffirmed time.’’ darity with the efforts of those who seek the American commitment to the people of I replied that, under repressive regimes, freedom to secure it. people may smile, but they do so out of fear, Today, we renew our call to the authorities Burma. Mr. Speaker, I ask that Secretary not happiness. And no true nation can be in Rangoon to abide by the democratic wish- Albright's entire speech be placed in the built on fear. es of their people; and to free political pris- RECORD, and I urge my colleagues to give se- This is also Aung San Suu Kyi’s core mes- oners, end torture, fight narcotics produc- rious attention to her thoughtful remarks. sage. She has written that it is ‘‘not power tion, and halt forced labor.

∑ 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. E810 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2000 We renew our commitment to Aung San 1999–2000 GED GRADUATES—COOSA It is my honor to place this recognition of Suu Kyi and the National League of Democ- VALLEY TECHNICAL INSTITUTE the 1999±2000 GED graduates of Coosa Val- racy. As long as you struggle, we will do all ROME, GA ley Technical Institute into the CONGRESSIONAL we can to assist. And we know that you will RECORD of the 106th Congress of the United not stop struggling until you prevail. HON. BOB BARR States of America. The yearning for freedom is relentless. The OF GEORGIA f walls it cannot overwhelm, it will neverthe- IN THE HOUSE OF REPRESENTATIVES less erode. And I am confident the day will HONORING LOCAL LEGACIES come when Burma is free. And Aung San Suu Tuesday, May 23, 2000 PROJECT PARTICIPANTS Kyi’s democratic dream will become a re- Mr. BARR of Georgia. Mr. Speaker, the first ality through the inspiration of his daugh- graduate equivalency diploma (GED) tests HON. VERNON J. EHLERS ter, the bravery of the Burmese people, and were developed in 1942 to help returning OF MICHIGAN the support of those who love liberty around World War II veterans finish their studies and IN THE HOUSE OF REPRESENTATIVES the world. re-enter civilian life. Then, as now, the GED Tuesday, May 23, 2000 I thank you all very much for partici- tests measure the academic skills and knowl- pating in this event because I think that for edge expected of high school graduates in the Mr. EHLERS. Mr. Speaker, today I recog- Aung San Suu Kyi to know that there are United States. The GED program has served nize the Local Legacies project that has people all over that support her must be a as a bridge to education and employment for served as the focal point of this year's Library source of strength to her. She a truly re- an estimated 13 million people over its 58- of Congress Bicentennial celebration. Last markable woman, and we owe her a great year history. Approximately one in seven high year, each Member of Congress was asked to deal. school diplomas issued in the United States is submit audio, visual, or textual documentation based on passing the GED tests, and 68 per- Thank you very much. for at least one significant cultural heritage cent of GED test-takers plan to enter a col- that has been important to his or her district, lege, university, trade, technical, or business serving as a record for future generations. f school in the very next year. During the past This documentation will be permanently 10 years, the number of adults taking special housed in the collections of the Library's COLORADO STATE REPRESENTA- editions of the GED tests (audio cassette and American Folklife Center. This evening, Mem- TIVE MARCY MORRISON braille) more than doubled. bers of Congress and Local Legacies project Today I salute the 1999±2000 GED grad- participants from across the country will gather uates of Coosa Valley Technical Institute in in the Great Hall of the Thomas Jefferson Rome, GA. Coosa Valley Tech is an official HON. SCOTT McINNIS Building to celebrate the completion of this GED testing center, under contract with the magnificent collection of historical material. OF COLORADO Georgia Department of Technical and Adult I am proud to have participated in the Local Education and the American Council on Edu- IN THE HOUSE OF REPRESENTATIVES Legacies project and personally thank volun- cation. Adults who are 18 years of age and of- teers Kathy Kuhn and Eileen Schwarz-Duty, ficially withdrawn from school are eligible for Tuesday, May 23, 2000 who deserve an enormous amount of credit testing. Those who pass the GED are award- for gathering and compiling the Local Legacies Mr. MCINNIS. Mr. Speaker, I wanted to take ed the General Educational Development Di- project for the Third District of Michigan. Kathy this moment to recognize the career of one of ploma, and, in Georgia, most are eligible for a $500 HOPE voucher from the State of Geor- and Eileen coordinated the massive effort of Colorado's leading statesmen, State Rep- documenting The Festival of the Arts: The Na- resentative Marcy Morrison. In doing so, I gia to defray costs of continuing education at eligible schools. tion's Largest All-Volunteer Arts Festival. This would like to honor this individual who, for so The environment of the school is designed Festival is a three-day celebration of the arts many years, has exemplified the notion of to give special attention to adults returning to held the first full weekend of June in down- public service and civic duty. It is clear that school to resume educational programs which town Grand Rapids, Michigan. The first festival Representative Morrison's dynamic leadership were interrupted in earlier years. These adults was held in 1970 and has grown considerably will be greatly missed and difficult to replace. may be refreshing their basic skills to re-enter over the years. In 1998, 20,000 volunteers helped showcase the work of several thou- Elected to the Colorado House of Rep- the job market after a layoff; preparing for the GED tests to qualify for a job or educational sand artists, dancers, musicians, poets, and resentatives in 1992, a seat she would hold to program which requires a high school diploma other performers. Festival is also known for its present time, she served on the Health and to enter; or working toward a personal edu- wide variety of food booths set up by non-prof- Judiciary Committees. She sponsored the cational goal which they have set for them- it organizations that highlight various ethnic Post Delivery Care for Stays in Hospitals and selves. More than 95 percent of employers in themes and culinary specialities. Festival hats, immunization for more Colorado children. the United States consider GED graduates the water bottles, beanie babies, posters, pro- Marcy has also been very active on the health same as traditional high school graduates grams, pins, and a video are just a few of the care issues for seniors, the disabled, and child when making hiring, salary, and promotion de- many items that were submitted on behalf of care. cisions. the Third District. Because of the passion Nationwide, statistics indicate more than these two individuals have for Festival, the Li- Representative Morrison received many 800,000 adults take the GED tests each year. brary of Congress has received the best pos- honors. She received the Women of Spirit Those who obtain scores high enough to earn sible representation to what our major West Award from the Colorado Counseling Associa- a GED diploma outperform at least one-third Michigan event is all about. tion, as well as, the Outstanding School Board of today's high school seniors. I encourage everyone to take a moment to Member award-Gates Scholarship from the Some prominent GED graduates include: explore the Local Legacies materials that have Kennedy School. Marcy has also received actor Bill Cosby; Wendy's founder, Dave been submitted for inclusion in the Library's awards from the Colorado Obstetrics & Gyne- Thomas; and U.S. Senator BEN NIGHTHORSE collection. All information regarding Local Leg- cology Society, the Pediatric Society and the CAMPBELL (R±CO). acies, including a complete project listing, can be accessed through the Library's Bicentennial Colorado Planners Association. Not only have adults who obtain their GED worked diligently to reach their educational Web site at: http://www.loc.gov/bicentennial. This year marked the end of Representative goal, many did so while holding down full time Mr. Speaker, I ask you and our colleagues Morrison's tenure in elected office. Her career jobs. Many are mothers or fathers who must to applaud the efforts of volunteers from embodied the citizen-legislator ideal and was care for the needs of their children. Most cer- across the country who have helped in the bi- a model that every official in elected office tainly, they are to be congratulated for their centennial celebration of America's oldest fed- should seek to emulate. The citizens of Colo- diligence and hard work in achieving their eral cultural institution, the Library of Con- rado owe Representative Morrison a debt of goals. It is hoped each of them will continue gress. Thanks to their work and care in pre- to succeed in future endeavors, and statistics serving the past, the cultural heritage of our gratitude and I wish her well. indicate that will likely be the case. nation will be preserved. CONGRESSIONAL RECORD — Extensions of Remarks E811 OPENING OF THE POLISH CENTER COLORADO STATE war, 34,000 women had served in the Army OF DISCOVERY AND LEARNING REPRESENTATIVE, DEBBIE ALLEN and Navy Nurse Corps, the Marines, and the AT ELMS COLLEGE IN CHICOPEE, Coast Guard. These women served with honor MASSACHUSETTS HON. SCOTT McINNIS not only on American soil, but overseas as OF COLORADO well. Three Army nurses received the Distin- IN THE HOUSE OF REPRESENTATIVES guished Service Cross, a combaqt medal sec- HON. RICHARD E. NEAL ond only to the Medal of Honor. Twenty-three Tuesday, May 23, 2000 received the Distinguished Service Medal, the OF MASSACHUSETTS Mr. MCINNIS. Mr. Speaker, I wanted to take highest non-combat award. Many received for- IN THE HOUSE OF REPRESENTATIVES this moment to recognize the career of one of eign medals and some 38 women made the Colorado's leading ladies, State Representa- ultimate sacrifice for their nation and were bur- Tuesday, May 23, 2000 tive Debbie Allen. In doing so, I would like to ied overseas in U.S. cemeteries. honor this individual who, for so many years, Mr. NEAL of Massachusetts. Mr. Speaker, it World War II ushered in a new era of serv- has exemplified the notion of public service ice for women in the military. In 1942 laws is my honor today to take a few minutes to and civic duty. It is clear that Representative were passed establishing the Women's Army recognize a significant event is my district that Allen's dynamic leadership will be greatly Auxiliary Corps, the Navy Women's Reserve, will both recognize and honor the impact the missed and difficult to replace. the Marine Corps Women's Reserve, and the Polish American culture has made upon west- Elected to the State House in 1992, a seat Coast Guard Women's Reserve. With the ern Massachusetts. she would hold until present. Representative signing of the Integration Act of 1948, women On Saturday, June 3rd, the Elms College in Allen rose quickly to positions of great impor- tance within the House. Debbie served as the were given permanent, legal status as enlisted Chicopee, Massachusetts will open a new Pol- personnel. By the end of the war, roughly ish Center of Discovery and Learning. This chairman of the Education Committee. Some of her key issues have been crime, law en- 350,000 had served in the armed forces in vir- new center will address a need in the commu- tually every occupaiton outside of direct com- nity that is not currently being met by other forcement and educational reform. Debbie is also a Republican activist, serving as the bat. These women all had two things in com- area academic research centers and cultural monÐthey had all volunteered and they had a associations. The Polish Center will provide President of the Aurora Republican forum. Representative Allen also received many desire to serve their nation. support materials for local schools and edu- honors. She received the Top Metro Legislator The record of women's service to the Armed cational institutions to encourage and assist award, Friend of Agriculture award, CU Alumni Forces does not stop with these early wars. people in western Massachusetts and from Legislative Award, and the Junior League Some 265,000 women served during the Viet- throughout New England to learn about and Champion for Small Children Award. Debbie nam Era and approximately 35,000 women discover Poland. also received the 5 year award for a 4-H served during the Persian Gulf War. There The Polish Center will develop a permanent leather instructor. can be little doubt that these brave women exhibit of historical and cultural materials 2000 marked the end of Representative Al- performed a valuable role in service to our na- which will be housed in an inviting community len's tenure in the State House of Representa- tion. Historical documents are full of meeting space. The mission of the center will tives. Her career embodied the citizen-legis- testimonials attesting to the excellence of be to offer a variety of workshops, exhibits, lator ideal and was a model that every official women's service, disciplined character and concerts, conferences, films, plays and lec- in elected office should seek to emulate. The overall positive efffects on the armed services. tures. All of this will be done in an effort to citizens of Colorado owe Representative Allen The brave women who served and continue to make known the achievements of Americans a debt of gratitude and I wish her well. serve this nation desire our respect and grati- of Polish descent and others whose relation- f tude. ships with the ethnic Polish culture has con- HONORING WOMEN WHO HAVE None of us who have served in our coun- tributed to the economy, the arts and the SERVED, FOUGHT AND DIED FOR try's armed forces will ever doubt the impor- sciences in New England. FREEDOM tance of the service of women in the military. The resources at the Polish Center of Dis- Accounting for an increasing percentage of covery and Learning will include a library col- HON. LANE EVANS those in uniform today, women now hold posi- tions of leadership and achievement few lection of English language materials for un- OF ILLINOIS would have predicted, even as recently as dergraduate students and the general public IN THE HOUSE OF REPRESENTATIVES on topics of Polish history and culture. The World War II. Tuesday, May 23, 2000 Center will also include a database of histor- Today a special observance will be held to ical and statistical information with a con- Mr. EVANS. Mr. Speaker, from our nation's honor the women who have served in the centration on Poles in the United States. His- beginning to the present, women have an- Armed Forces. Fittingly, this observance will torical and cultural artifacts, as well as support swered the call to duty without hesitation. Like be held at the Women in Military Service for materials and bibliographies will be available. their male counterparts, they put their lives, America Memorial. This will be the third an- their goals, and their dreams on hold to serve nual observance, honoring women who have What is most special about the Center, how- their nation. served admirably in our armed services, some ever, is that it will draw upon the collective ex- Women's participation in the military dates whom have made the ultimate sacrifice so that periences of people of Polish origin who live back as early as the Revolutionary War when Americans may enjoy the liberty and freedom within the western Massachusetts area. Pro- in June of 1778 at Monmouth Courthouse a we too often take for granted. gramming will be available for adults, children woman came to the aid of General George and college students, and traditional Polish Washington and his weary troops. Moving Dedicated on October 18, 1997, the Wom- customs and traditions will be passed down across the battlefield binding wounds and dis- en's Memorial is an inspiring monument that through the generations. pensing water, this woman, who became honors and illustrates America's service- women throughout history. Sited at the cere- Mr. Speaker, I am honored to represent known as ``Molly Pitcher'', noticed that one of the gun positions had ceased firing. She monial entract to Arlington National Cemetery, such as interesting and unique Center dedi- it is the nation's only major national memorial cated to learning bans sharing the Polish quickly put down her water pitcher, took over the gun position and fired her cannon. She honoring women who have served in uniform American culture that thrives in my area. I look in and between our Nation's wars. forward to working closely with the directors of stayed at her station until relived by artillery- men. Historians recorded her deeds and ac- I join with many of my colleagues today in this Center, and to participating in the many tions and while her true identity is not known, saluting the women who have proudly and exciting programs and events that are to come ``Molly Pitcher'' is representative of the women honorably serve in our Nation's military. The in the future. who served with the Continental Army in our debt which we owe them is grat and it is most Congratulations to Elms College for estab- country's fight for independence. appropriate to pause today to pay them tribute lishing the Polish Center of Discovery and During World War I women served as for their individual and collective contirbutions Learning. nurses in the armed forces. By the end of the to our Nation. E812 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2000 REFORM IN IRAN community; leadership and educational vitality; REMARKS OF AMBASSADOR DAVID school, family, and community partnerships; IVRY AT THE DAYS OF REMEM- HON. JOHN W. OLVER and indicators of success. BRANCE COMMEMORATION OF MASSACHUSETTS Fox Tech High School is among eight IN THE HOUSE OF REPRESENTATIVES schools in San Antonio and 198 schools na- HON. TOM LANTOS Tuesday, May 23, 2000 tionally, all of which excelled in these areas OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mr. OLVER. Mr. Speaker, I rise today to and were rewarded with the Blue Ribbon commend Secretary Madeleine K. Albright for School Award from the United States Depart- Tuesday, May 23, 2000 articulating the United States' willingness to ment of Education. Mr. LANTOS. Mr. Speaker, on Thursday, engage Iran after Majlis (parliamentary) vic- To receive consideration for this prestigious May 4, Members of Congress joined with rep- tories for Iranian reformers. Her effort to ex- award, schools must be recommended for na- resentatives of the diplomatic corps, executive pand cultural and economic ties with Iran is tional recognition by their individual state de- and judicial branch officials and hundreds of Holocaust survivors and their families to com- wise and appropriate. While I do not condone partment of education or sponsoring agency. the egregious violations of human rights and memorate the Days of Remembrance in the Nominations are then evaluated by a National international law that routinely take place in rotunda of the United States Capitol. The Iran, we must make it clear to reformers there Review Panel including the Department of theme of this year's commemoration was ``The that the U.S. is eager to reciprocate moves to- Education, the Department of Defense, the Holocaust and the New Century: The Impera- ward a friendlier relationship. Bureau of Indian Affairs, the Council for Amer- tive to Remember.'' Through the election of Mohammad Khatemi ica Private Education and a select group of After more than half a century, Mr. Speaker, and his pro-reform allies in the Iranian par- educators from around the country. The Sec- we must still commemorate the horrors of the liament, the Iranian people have expressed a retary of Education then makes a final deter- Holocaust in order to honor the memory of desire to moderate their nation's conservative mination based on the recommendations of those victims of Hitler's twisted tyranny. At the Islamic government. Ali Khamene'i and Iran's this panel. same time, we must mark this catastrophe be- cause mankind still has not learned the les- other religious leaders, who hold ultimate con- In receiving this special recognition, I be- trol over virtually all Iranian policy, have, for sons of this horror, as evidenced most re- lieve that Fox Tech High School will inspire the most part, allowed Iran's new elected lead- cently by the mass killings in Kosovo. others to provide the level of quality education ership to take their places in the Majlis. How- Mr. Speaker, David Ivry, Israeli Ambassador ever, the Washington Post recently reported that this Blue Ribbon School Award merits. I to the United States delivered a moving ad- that the Council of Guardians has overturned am proud to represent a district and hail from dress at this year's Day of Remembrance several electoral victories for reformers at the a state that has clearly placed an emphasis on ceremony. I ask that Ambassador Ivry's re- provincial level, in addition to manipulating the education of our children. marks at the Days of Remembrance ceremony Iran's electoral institutions to favor conserv- in the Capitol be placed in the RECORD, and atives in parliamentary runoffs. I believe that f I urge my colleagues to give them thoughtful while the electoral victories represent an im- consideration. portant victory for democracy in Iran, the THE HONORABLE GARY David Ivry was appointed Israeli Ambas- tenuousness of those victories highlights the McPHERSON sador to the United States in January 2000. degree to which Iran's major institutions are From 1977 to 1982, he held the rank of Major still controlled by a handful of oligarchs. There General and Commander of the Israel Air is much work to be done on these issues. HON. SCOTT McINNIS Force. Ambassador Ivry is a graduate of I would also like to recognize the work of OF COLORADO Technion University, where he earned a Bach- Iranian-American citizens who have worked elors of Science in Aeronautical Engineering. hard to open up economic ties between the IN THE HOUSE OF REPRESENTATIVES He has held many governmental posts, most U.S. and Iran. I hope that the lifting of luxury Tuesday, May 23, 2000 recently serving as Israel's National Security imports and increase in travel visas that Sec- Advisor and Head of the National Security retary Albright announced in her speech will Mr. McINNIS. Mr. Speaker, I wanted to take Council. He and his wife Ofra have three chil- create some improvement in the quality of life this moment to recognize the career of one of dren and two grandchildren. for ordinary Iranians. Further, I hope that im- Colorado's leading statesmen, Colorado Rep- REMARKS OF DAVID IVRY, ISRAELI provements in Iran's economy will amplify the resentative, Gary McPherson. In doing so, I AMBASSADOR TO THE UNITED STATES cries for democracy. would like to honor this individual who, for so His Excellency, Goran Persson Prime, Once again, I want to reiterate my support many years, has exemplified the notion of Prime Minister of Sweden, Mr. Chairman, for Secretary Albright's attempt to engage and honored Members of Congress, diplomatic public service and civic duty. It is clear that bolster Iranian reformers. colleagues and friends: ‘‘Yizkor—remember.’’ Representative McPherson's dynamic leader- f The act of remembering has always been a ship will be greatly missed and difficult to re- basic principle for the Jewish people. In TRIBUTE TO LOUIS W. FOX ACA- place. order to remember, the Jewish people have a traditional prayer called the Yizkor, which DEMIC AND TECHNICAL HIGH Elected to the State House of Representa- SCHOOL, RECIPIENT OF THE is recited around the world today. The word tives in 1992, he served on the Appropriations Yizkor is in the future tense. It teaches us UNITED STATES DEPARTMENT and Judiciary Committees. He dealt with legis- that the act of remembering the past goes OF EDUCATION BLUE RIBBON beyond the present and pushes humankind SCHOOL AWARD lation regarding minors and smoking. He has also worked very aggressively on education, into the future. My father left Czechoslovakia when Hitler HON. CHARLES A. GONZALEZ crime and welfare reform. Gary was also the came to power. He reached Israel in 1934 and vice chairman and the board member of the that is where I was born. Our house contains OF TEXAS Arapahoe County Recreation District. an album with photos of many members of IN THE HOUSE OF REPRESENTATIVES my family who perished in the Shoah. Few Representative McPherson received many Tuesday, May 23, 2000 understood the danger. Few believed that honors. He was named CACI Legislator of the such a tragedy could take place. Few imag- Mr. GONZALEZ. Mr. Speaker, today I offer Year and received the Aurora Public Schools' ined that the human mind could conceive my sincerest congratulations to Louis W. Fox Superintendents' award. such a twisted path. Even today it is dif- Academic and Technical High School in San ficult to understand. There were brave indi- Antonio, TX, upon the notification of their re- 2000 marked the end of Representative viduals who provided shelter to Jews. My fa- ceipt of the Blue Ribbon School Award. McPherson's tenure in the State House of ther’s sister was given shelter and hidden by Schools are awarded the Blue Ribbon Representatives. His career embodied the cit- a Christian family in Bratislava, and at the School Award based on their performance in izen-legislator ideal and was a model that end of the war she made Aliya to Israel. We every official in elected office should seek to must also remember those who extended a regards to several criteria, including: student hand while endangering themselves. focus and support; active teaching and learn- emulate. The citizens of Colorado owe Rep- Ladies and gentlemen, in my career as an ing; school organization and culture; chal- resentative McPherson a debt of gratitude and Air Force pilot, I was given the privilege to lenging standard and curriculum; professional I wish him well. view the world from thirty thousand feet and CONGRESSIONAL RECORD — Extensions of Remarks E813 above. From that altitude, armed with the ened.'' The GAO report found that the Food Limit the ability of day care homes to responsibility and collective memory of our and Nutrition Service (FNS) had not effectively change sponsoring organizations to once a people’s history, one can see the past, directed the states' efforts to protect against year unless they can demonstrate they are present and future. We were given the oppor- fraud and abuse. According to the GAO, state tunity to engage and destroy the immediate transferring for good cause. threats that faced the Jewish nation. And we agencies claimed that a lack of resources, in- Require the return and reallocation of non- committed ourselves to diminish the threats adequate training in the identification of fraud obligatory CACFP audit funds to the secretary to future generations. and abuse, and unclear regulations on the re- for reallocation to other states with a dem- However, the dangers to humanity are not moval of noncompliant sponsors were among onstrated need for additional audit dollars. always military in nature. They are also the reasons why they could not strengthen the Require sponsors to have in effect a policy found in the realm of ideas: in the promotion amount of control over the fraud and abuse. that restricts other employment by employees of evil, in the active denial of evil, or even in To address the issues raised in these two that interferes with their responsibilities and the refusal to see evil. The United States reports, I have worked with the Early Child- duties with respect to CACFP. played an important role in the founding of hood, Youth, and Families Subcommittee the State of Israel, as a shelter for the Jew- Require the secretary to develop procedures ish people. The commandment ‘‘To Remem- Chairman, Congressman MIKE CASTLE, and for terminating sponsors for unlawful conduct ber’’ is also a commandment to remember his Ranking Member, Congressman DALE KIL- and failure to meet their agreements with the the positive, and so we will. The Jewish Peo- DEE, the nutrition community, and the Depart- state. ple remember the American role. The Jewish ment of Agriculture to develop a proposal that Provide for the immediate suspension of People see the United States as a symbol and will address many of the concerns raised by sponsors and providers in cases where there example of moral principle and justice. We the IG, the GAO, and the nutrition community. is a health or safety threat to participating chil- pray that this superpower will continue to The legislation outlined below will go a long dren. lead the world so that tragedies such as the way toward ending fraud and abuse in the Finally, it appears that this bill will result in Shoah will never be repeated in the 21st cen- Child and Adult Care Food Program. Key pro- tury. a small amount of savings in mandatory visions of this proposal would: spending. It is my intention to work closely f Require USDA to develop a plan for ongo- with Congressman KILDEE and others to en- COMBATING FRAUD AND ABUSE IN ing periodic training of state and sponsor staff sure that these resources are used in a re- THE CHILD AND ADULT CARE on the identification of fraud and abuse in sponsible way. In particular, In particular, we FOOD PROGRAM order to ensure that current and new employ- should explore ways to use these savings to ees can assist in efforts to prevent fraud and improve the health and maintenance of those abuse. served by federal nutrition programs. HON. WILLIAM F. GOODLING Require a minimum number of unan- Mr. Speaker, I want to thank Chairman CAS- OF PENNSYLVANIA nounced and scheduled site visits. These vis- TLE, Congressman KILDEE, the U.S. Depart- IN THE HOUSE OF REPRESENTATIVES its would be in addition to site visits to pro- ment of Agriculture, and the nutrition commu- gram sponsors and providers with a bad Tuesday, May 23, 2000 nity for working with me to develop this pro- record or where there is a suspicion of fraud Mr. GOODLING. Mr. Speaker, today I am posal. We created the Child and Adult Care introducing legislation to combat fraud and and abuse. Permit the secretary to withhold, in whole or Food Program to benefit children, not line the abuse in the Child and Adult Care Food Pro- in part, state administrative funds in instances pockets of unprincipled sponsors and pro- gram (CACFP). Since 1975, when the Child where states have not met their responsibil- viders. I believe the bill we are introducing and Adult Care Food Program became a sep- ities for oversight and training for sponsors today will ensure that the program works the arate program under the National School and providers. way it was originally intended. Most impor- Lunch Act, it has provided nutritious meals Provide notification to parents that their chil- tantly, it will give the states and the Depart- and snacks to children in day care facilities dren are enrolled in a child care center or ment of Agriculture the tools they need to at- and family day care homes. It operates in group or family day care home participating in tain the goals set for the program. I urge my 37,000 day care centers and 175,000 day the CACFP Program. This provision will allow colleagues to support this important legislation care homes. parents to take action if they suspect fraud to put an end to the waste, fraud, and abuse Unfortunately, in recent years there have and abuse and to understand the benefits that has plagued this program. been reports of widespread fraud and abuse their children should receive under CACFP. f and deficient management practices in the Bar the recovery of funds lost due to fraud THE RETIREMENT OF WAYNE program. This has meant that the full value of and abuse from food dollars which benefit par- SHACKELFORD, COMMISSIONER, nutrition benefits the program delivers has ticipating children. been denied to many participating children. Make it clear that sponsors applying for par- GEORGIA DEPARTMENT OF Sadly, funds that could be better used to ticipation in CACFP must meet specific quali- TRANSPORTATION serve children have ended up in the hands of fications and will not automatically approved. unscrupulous program sponsors and care pro- Require the development of detailed criteria HON. BOB BARR viders. for approving new sponsors and for renewing OF GEORGIA Hopefully, this bill puts an end to this prac- sponsors which would include factors such as IN THE HOUSE OF REPRESENTATIVES tice. We owe it to the approximately 2.7 million whether or not they are capable of performing Tuesday, May 23, 2000 children participating in this program to end the job, have appropriate business experience the fraud, abuse, and mismanagement that is and adequate management plans, and wheth- Mr. BARR of Georgia. Mr. Speaker, I rise depriving them of the nutritious meals. er or not there is a need for an additional today to recognize Wayne Shackelford, Com- In August, 1999, the Office of the Inspector sponsor in a specific area. missioner, Georgia Department of Transpor- General (IG) at the U.S. Department of Agri- Limit administrative costs for sponsors of tation, for the dedication and commitment he culture (USDA) issued a report outlining fraud day care centers to 15 percent of the funds has made to the people of Georgia, and to and abuse in the Child and Adult Care Food they disburse to decrease the potential for congratulate him on his retirement. program. This report, ``Presidential Initiative: abuse. Mr. Shackelford became Commissioner of Operation Kiddie Care,'' found that the pro- Require USDA, working with states and the Georgia Department of Transportation on gram was highly vulnerable to abuse because sponsors, to develop a list of allowable admin- November 1, 1991. He has been active in most of the controls for combating fraud were istrative costs for sponsors of family day care both regional and national transportation policy vested in CACFP sponsors without any federal homes and child care centers. development since becoming Commissioner. or state oversight. The IG found that some Require the Department of Agriculture to es- He continues to serve on many state, regional, sponsors were using program funds for per- tablish minimum standards regarding the num- and national transportation committees, and sonal use and depleting the funds available to ber of monitors sponsors should employ to en- has also earned many national and state provide an effective food service program to sure there are sufficient monitors to visit pro- awards. children in day care. viders and detect fraud and abuse. As Commissioner, Mr. Shackelford admin- Three months later (November, 1999) the Require state agencies that administer isters an annual budget of $1.4 billion and General Accounting Office (GAO) issued their CACFP to deny approval of institutions deter- manages approximately 5,900 employees report, entitled, ``Food Assistance: Efforts to mined to have been terminated with cause or statewide. He successfully provided the mobil- Control Fraud and Abuse in the Child and that lost their license to operate any federally ity that gave the world the opportunity to travel Adult Care Food Program Should Be Strength- funded program. the state before, during and after, the 1996 E814 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2000 Summer Olympic Games. He is a man of vi- resentative Ron May. In doing so, I would like On a personal level, I have always appre- sion; whose integrity, responsiveness, and to honor this individual who, for so many ciated Rabbi Lewis' moral presence in our hard work are legendary. years, has exemplified the notion of public community. He has thoughtfully and insistently Wayne and his wife, Anne, have three service and civic duty. It is clear that Rep- spoken on behalf of issues important to us, grown children, and reside in Snellville, Geor- resentative May's dynamic leadership will be our community, and our relationships with gia. They attend the First Baptist Church of greatly missed and difficult to replace. God. Such moral leadership is enormously im- Lawrenceville, where he has served as a Dea- Elected to the Colorado House of Rep- portant as we strive to lead the people of this con. Wayne will bring an end to this phase of resentatives in 1992, a seat he would hold to nation toward our common goals of freedom, an outstanding public carrier, when he retires the present time, he sponsored many bills on liberty, and respect for each other. on May 31, 2000. I congratulate Wayne, and workers' compensation, unemployment, insur- Mr. Speaker, I commend Rabbi Lewis for wish him and his family the very best. The ance, highway speed limits, right-to-work legis- the tremendous impact he has had on our state of Georgia, and all who travel within its lation and information systems. He works dili- community. As you can see, Mr. Speaker, borders, are in his debt. gently to bring his colleagues up to speed on Rabbi Lewis is a outstanding individual com- a whole range of technological issues. f mitted to service to God and fellow human Representative May received many honors. beings. I ask my colleagues to join me in hon- HONORING SHARON CHRISTA In 1996 he received the National Right to oring him for his contribution to society. MCAULIFFE JUNIOR HIGH Work Legislator of the Year award, the NFIB SCHOOL IN SAN ANTONIO, TEXAS Guardian of Small Business award in 1994 f and the CACI Business Legislator of the Year HON. CHARLES A. GONZALEZ award. HONORING ASSOCIATED BUILDERS 2000 marked the end of Representative OF TEXAS AND CONTRACTORS ON THE OC- May's tenure in elected office. His career em- CASION OF ITS 50TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES bodied the citizen-legislator ideal and was a SARY Tuesday, May 23, 2000 model that every official in elected office Mr. GONZALEZ. Mr. Speaker, today I offer should seek to emulate. The citizens of Colo- my sincerest congratulations to Sharon Christa rado owe Representative May a debt of grati- HON. WILLIAM F. GOODLING tude and I wish him well. McAuliffe Junior School in San Antonio, TX, OF PENNSYLVANIA upon the notification of their receipt of the f IN THE HOUSE OF REPRESENTATIVES Blue Ribbon School Award. HONORING RABBI ALBERT MICAH Schools are awarded the Blue Ribbon LEWIS Tuesday, May 23, 2000 School Award based on their performance in regards to several criteria, including: student HON. VERNON J. EHLERS Mr. GOODLING. Mr. Speaker, I rise today focus and support; active teaching and learn- to honor Associated Builders and Contractors OF MICHIGAN ing; school organization and culture; chal- as it prepares to celebrate its 50th Anniversary IN THE HOUSE OF REPRESENTATIVES lenging standard and curriculum; professional Convention in Baltimore beginning May 31. community; leadership and educational vitality; Tuesday, May 23, 2000 Associated Builders and Contractors (ABC) school, family, and community partnerships; Mr. EHLERS. Mr. Speaker, today I pay trib- is a national trade association representing and indicators of success. ute to Rabbi Albert Micah Lewis, who is retir- over 22,000 contractors, subcontractors mate- Sharon Christa McAuliffe Junior High is ing from Congregation Emanuel in my home rial suppliers and related firms from across the among eight schools in San Antonio and 198 city of Grand Rapids, Michigan after 28 years country and from all specialties in the con- schools nationally, all of which excelled in of leadership. Not only has he been a tremen- struction industry. Seven contractors called the these areas and were rewarded with the Blue dous force within his congregation, Rabbi very first ABC meeting to order on June 1, Ribbon School Award from the United States Lewis has also provided outstanding leader- 1950 in Baltimore, Maryland. Since that day, Department of Education. ship and dedication to numerous organizations ABC has been the industry's voice for merit To receive consideration for this prestigious and projects within our community. His strong shop construction. award, schools must be recommended for na- academic background and intellectual ability ABC is the only national association de- tional recognition by their individual state de- have led to national respect for his work and voted to the merit shop philosophy, which partment of education or sponsoring agency. writings. aims to provide the best management tech- Nominations are then evaluated by a National Even though he is ending his day-to-day niques, the finest craftsmanship, and the most Review Panel including the Department of role at Temple Emanuel, Rabbi Lewis will con- competitive bidding and pricing strategies in Education, the Department of Defense, the tinue to be a driving force in Grand Rapids. the industry. Merit shop companies employ Bureau of Indian Affairs, the Council for Amer- He will continue his duties as an Adjunct As- approximately 80 percent, or 4 out of 5, of all ica Private Education and a select group of sociate Professor of Religion and Aging at construction workers in the nation. Aquinas College where he has been teaching educators from around the country. The Sec- ABC believes that union and merit shop since 1972. He will also remain as an Adjunct retary of Education then makes a final deter- (open shop) contractors and their employees Associate Professor of Psychology and Geron- mination based on the recommendations of should work together in harmony and that tology at Aquinas College, and will continue this panel. work should be awarded to the lowest respon- on the staff at Hope College as an Adjunct In receiving this special recognition, I be- sible bidder regardless of labor affiliation. lieve that Sharon Christa McAuliffe Junior High Professor of Jewish Studies, where he has will inspire others to provide the level of qual- served since 1994. ABC is committed to developing a safe ity education that this Blue Ribbon School Rabbi Lewis' contributions to our community workplace and high-performance work force Award merits. I am proud to represent a dis- have been numerous and generous; they through quality education and training with trict and hail from a state that has clearly could easily fill many pages in the CONGRES- comprehensive safety and health programs. placed an emphasis on the education of our SIONAL RECORD. I will highlight just a few of his ABC is dedicated to fighting for free enter- children. many contributions. He is the founder and co- prise, fair and open competition, less govern- f coordinator of Interfaith Forum for Under- ment, more opportunities for jobs, tax relief, in- standing and Growth. He also founded and creased training, and elimination of frivolous COLORADO STATE HOUSE served as President of the Hospice of Greater complaints and over-regulation. ABC promotes REPRESENTATIVE RON MAY Grand Rapids and the Western Michigan and defends the individual's rights to unlimited Chapter of the Michigan Society for Geron- opportunities. Merit shop construction provides HON. SCOTT McINNIS tology. In 1999 he was honored as Man of the unlimited growth and career advancement to workers who recognize the value of hard work OF COLORADO Year by the Jewish Community Fund of Grand and dedication. IN THE HOUSE OF REPRESENTATIVES Rapids. Earlier this year, he was appointed to the Executive Committee of the Anti-Defama- Mr. Speaker, I send my sincere best wishes Tuesday, May 23, 2000 tion League of Michigan and to the Board of as Associated Builders and Contractors cele- Mr. MCINNIS. Mr. Speaker, I wanted to take Directors of the Henri Nouwen Literary Soci- brates this milestone in its history. It is with this moment to recognize the career of one of ety. He has also authored numerous publica- great pride and appreciation that I recognize Colorado's leading statesmen, State Rep- tions on a variety of subject matters. the accomplishments of this fine group. CONGRESSIONAL RECORD — Extensions of Remarks E815 COMMEMORATING THE CENTEN- HONORING SAM SMITH moral, upright families from the time he was NIAL OF RAISING THE U.S. FLAG in the first grade. He was physically and ver- IN AMERICAN SAMOA bally abused from first grade straight HON. GEORGE R. NETHERCUTT, JR. through high school because he was per- OF WASHINGTON ceived to be gay. HON. PATSY T. MINK IN THE HOUSE OF REPRESENTATIVES He never professed to be gay or had any as- OF HAWAII Tuesday, May 23, 2000 sociation with anything gay, but he had the IN THE HOUSE OF REPRESENTATIVES misfortune not to walk or have gestures like Mr. NETHERCUTT. Mr. Speaker, today, I the other boys. He was called ‘‘fag’’ inces- Tuesday, May 23, 2000 honor Sam Smith, a great citizen from the santly, starting when he was 6. Mrs. MINK of Hawaii. Mr. Speaker, today I State of Washington. In high school, while your children were express my heartiest congratulations to the Dr. Sam Smith retires, this year, after fifteen doing what kids that age should be doing, people of American Samoa and to Samoans mine labored over a suicide note, drafting years as President of Washington State Uni- and redrafting it to be sure his family knew living in Hawaii and throughout the United versity. His hard work and leadership trans- how much he loved them. My sobbing 17- States in recognition of the Centennial of the formed WSU from a single campus in Pullman year-old tore the heart out of me as he Raising of the United States Flag in American to a nationally recognized, statewide univer- choked out that he just couldn’t bear to con- Samoa. sity. Dr. Smith increased student access to tinue living any longer, that he didn’t want Flag Day, which is celebrated on April 17th, Washington State University by establishing to be gay and that he couldn’t face a life is the biggest holiday in American Samoa and WSU Learning Centers in eleven counties and without dignity. is observed by Samoans throughout the world. You have the audacity to talk about pro- expanding WSU's presence in underserved tecting families and children from the homo- The importance of this holiday is a reflection areas with branch campuses in Spokane, the sexual menace, while you yourselves tear of the pride the people of Samoa take in their Tri-Cities and Vancouver. apart families and drive children to despair. affiliation with the United States. Dr. Smith also presided over the most suc- I don’t know why my son is gay, but I do Samoans have demonstrated their loyalty cessful fundraising campaign in the history of know that God didn’t put him, and millions and commitment to the United States through Washington State University. Campaign WSU, like him, on this Earth to give you someone service in our Nation's wars. In fact, the per the university's first comprehensive fund-rais- to abuse. God gave you brains so that you capita rate of enlistment in the Armed Forces could think, and it’s about time you started ing effort, raised more than $275 million and doing that. among American Samoans is among the high- had the highest alumni-giving rate of all public At the core of all your misguided beliefs is est in the United States. universities in the country. the belief that this could never happen to For more than 30 years, the Samoa Flag Dr. Smith led academic programs and re- you, that there is some kind of subculture Day Festival has been observed in Hawaii. It search efforts that resulted in Washington out there that people have chosen to join. is a celebration of our shared history, of the State University's recognition in national The fact is that if it can happen to my fam- contributions Samoans have made to our Na- rankings as one of the best public universities ily, it can happen to yours, and you won’t get to choose. Whether it is genetic or tion and to the State of Hawaii, and of the rich in America, including a ranking, last year, as culture and traditions of Faasamoa. The Fes- whether something occurs during a critical the most wired public university in the nation. time of fetal development, I don’t know. I tival includes sports competitions, cultural Dr. Smith was president in 1998 when the can only tell you with an absolute certainty demonstrations, singing, dancing, and food. Washington State Cougar football team was that it is inborn. I take this opportunity to send my warmest Pac-10 champion and competed in the Rose If you want to tout your own morality, aloha to my esteemed colleague, the Honor- bowl for the first time in 67 years. you’d best come up with something more able ENI FALEOMAVAEGA, and to all the people I thank Dr. Smith for his service to Wash- substantive than your heterosexuality. You of American Samoa. ington State University and Washington State did nothing to earn it; it was given to you. If you disagree, I would be interested in hear- f and ask that he and his wife, Pat, remain ing your story, because my own COLORADO STATE SENATOR friends with both in their retirement as both re- heterosexualtiy was a blessing I received MARYANNE TEBEDO main friends with them. with no effort whatsoever on my part. It is f so woven into the very soul of me that noth- ing could ever change it. For those of you HON. SCOTT McINNIS THE CASE AGAINST BIGOTRY who reduce sexual orientation to a simple OF COLORADO choice, a character issue, a bad habit or IN THE HOUSE OF REPRESENTATIVES HON. BARNEY FRANK something that can be changed by a 10-step program, I’m puzzled. Are you saying that Tuesday, May 23, 2000 OF MASSACHUSETTS your own sexual orientation is nothing more Mr. MCINNIS. Mr. Speaker, I wanted to take IN THE HOUSE OF REPRESENTATIVES than something you have chosen, that you this moment to recognize the career of one of Tuesday, May 23, 2000 could change it at will? If that’s not the Colorado's leading statesmen, State Senator case, then why would you suggest that some- Mr. FRANK of Massachusetts. Mr. Speaker, one else can? MaryAnne Tebedo. In doing so, I would like to I recently saw an editorial of such eloquence A popular theme in your letters is that honor this individual who, for many years, has and passion that I believe it should be shared Vermont has been infiltrated by outsiders. exemplified the notion of public service and with the membership of this body. Since we Both sides of my family have lived in civic duty. It is clear that Senator Tebedo's dy- from time to time deal with issues involving Vermont for generations. I am heart and namic leadership will be greatly missed and the rights of gay and lesbian people, I believe soul a Vermonter, so I’ll thank you to stop saying that you are speaking for ‘‘true difficult to replace. it is extremely important for the Members to Elected to the Colorado Senate in 1988, she Vermonters.’’ read this mother's cry for justice and I hope You invoke the memory of the brave peo- was the chairman of the State of Veterans that it will factor into the decisions we make in ple who have fought on the battlefield for Military Affairs Committee and served on the the future. this great country, saying that they didn’t Finance Committee. She also served as par- give their lives so that the ‘‘homosexual [For the Valley News (White River Junction, liamentarian. She worked hard on issues con- agenda’’ could tear down the principles they VT/Hanover, NH, April 30, 2000] cerning concealed weapons, State boards and died defending. My 83-year-old father fought (By Sharon Underwood) highways. in some of the most horrific battles of World Senator Tebedo received many honors. In As the mother of a gay son, I’ve seen first- War II, was wounded and awarded the Purple hand how cruel and misguided people can be. Heart. 1992 she received the NFIB Guardian of Many letters have been sent to the Valley He shakes his head in sadness at the life Small Business Award, the CACI Business News concerning the homosexual menace in his grandson has had to live. He says he Legislator of the Year Award. She was also Vermont. I am the mother of a gay son and fought alongside homosexuals in those bat- honored by Freedom Magazine as a Human I’ve taken enough from you good people. tles, that they did their part and bothered no Rights Advocate. I’m tired of your foolish rhetoric about the one. One of his best friends in the service was This year marked the end of Senator ‘‘homosexual agenda’’ and your allegations gay, and he never knew it until the end, and Tebedo's tenure in elected office. Her career that accepting homosexuality is the same when he did find out, it mattered not at all. embodied the citizen-legislator ideal and was thing as advocating sex with children. You That wasn’t the measure of a man. are cruel and ignorant. You have been rob- You religious folk just can’t bear the a model that every official in elected office bing me of the joys of motherhood ever since thought that as my son emerges from the should seek to emulate. The citizens of Colo- my children were tiny. hell that was his childhood he might like to rado owe Senator Tebedo a debt of gratitude My firstborn son started suffering at the find a lifelong companion and have a meas- and I wish her well. hands of the moral little thugs from your ure of happiness. It offends your sensibilities E816 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2000 that he should request the right to visit that PERSONAL EXPLANATION For rollcall vote No. 207, the Taylor amend- companion in the hospital, to make medical ment, I would have voted ``yes.'' decisions for him or to benefit from tax laws governing inheritance. HON. HAROLD E. FORD, JR. For rollcall vote No. 208, Final Passage of OF TENNESSEE How dare he? you say. These outrageous H.R. 4205, I would have voted ``yes.'' IN THE HOUSE OF REPRESENTATIVES request would threaten the very existence of Mr. Speaker, on Monday, May 22, I was un- your family, would undermine the sanctity Tuesday, May 23, 2000 able to cast votes for H.R. 3852, the deadline of marriage. Mr. FORD. Mr. Speaker, on Thursday, May extension for construction of a hydroelectric You use religion to abdicate your responsi- 18, I was unable to cast a vote for final pas- project in Alabama, S. 1236, the deadline ex- bility to be thinking human beings. There sage on H.R. 4205, the National Defense Au- are vast numbers of religious people who find tension for construction of the Arrowrock Dam you attitudes repugnant. God is not for the thorization Act for FY 2001 and 6 amend- hydroelectric project in Idaho, and H. Con. privileged majority, and God knows my son ments. Res. 302, concerning a National Moment of For rollcall vote No. 202, the Skelton has committed no sin. Remembrance to Honor Men and Women of The deep-thinking author of a letter to the amendment, I would have voted ``yes.'' For rollcall vote No. 203, the Sanchez the U.S. Who Died in Pursuit of Freedom and April 12 Valley News who lectures about ho- Peace. mosexual sin and tells us about ‘‘those of us amendment, I would have voted ``yes.'' who have been blessed with the benefits of a For rollcall vote No. 204, the Moakley For rollcall vote No. 211, H.R. 3852, I would religious upbringing’’ asks: ‘‘What ever hap- amendment, I would have voted ``yes.'' have voted ``yes.'' pened to the idea of striving . . . to be better For rollcall vote No. 205, the Cox amend- For rollcall vote No. 212, S. 1236, I would human beings than we are?’’ ment, I would have voted ``yes.'' Indeed, sir, what ever happened to that? For rollcall vote No. 206, the Buyer sub- have voted ``yes.'' (Sharon Underwood lives in White River stitute amendment to the Taylor amendment, I For rollcall vote No. 213, H. Con. Res. 302, Junction, VT) would have voted ``no.'' I would have voted ``yes.'' Tuesday, May 23, 2000 Daily Digest

HIGHLIGHTS The House passed H.R. 4392, Intelligence Authorization Act for FY 2001 The House also passed 11 measures including bills to authorize a Con- gressional Gold Medal to be awarded to Pope John Paul II and to des- ignate the State Department Headquarters as the ‘‘Harry S Truman Federal Building.’’ Senate Chamber Action Measures Passed: Commending Israel Redeployment: Senate agreed Routine Proceedings, pages S4241–S4335 to S. Con. Res. 116, commending Israel’s redeploy- Measures Introduced: Fourteen bills and seven res- ment from southern Lebanon. Pages S4327±28 olutions were introduced, as follows: S. 2602–2615, S. Res. 309–313, and S. Con. Res. 114–116. Honoring Members of U.S. Marine Corps: Senate agreed to S. Res. 310, honoring the 19 members of Pages S4296±97 the United States Marine Corps who died on April Measures Reported: Reports were made as follows: 8, 2000, and extending the condolences of the Sen- H.R. 2260, to amend the Controlled Substances ate on their deaths. Pages S4328±29 Act to promote pain management and palliative care without permitting assisted suicide and euthanasia, Women-Owned Small Business Opportunities: with an amendment in the nature of a substitute. (S. Senate agreed to S. Res. 311, to express the sense of Rept. No. 106–299) the Senate regarding Federal procurement opportuni- S. 1089, to authorize appropriations for fiscal ties for women-owned small businesses. years 2000 and 2001 for the United States Coast Pages S4330±34 Guard, with an amendment in the nature of a sub- Senate Legal Representation: Senate agreed to S. stitute. (S. Rept. No. 106–300) Res. 312, to authorize testimony, document produc- S. 2327, to establish a Commission on Ocean Pol- tion, and legal representation in State of Indiana v. icy. (S. Rept. No. 106–301) Amy Han. Page S4334 H.R. 1651, to amend the Fishermen’s Protective Senate Legal Representation: Senate agreed to S. Act of 1967 to extend the period during which re- Res. 313, to authorize representation by the Senate imbursement may be provided to owners of United Legal Counsel in Harold A. Johnson v. Max Cleland, States fishing vessels for costs incurred when such a et al. Page S4334 vessel is seized and detained by a foreign country, with an amendment. (S. Rept. No. 106–302) National Child’s Day: Senate agreed to S. Res. Special Report entitled ‘‘Revised Allocation to 296, designating June 4, 2000, as ‘‘National Child’s Subcommittees of Budget Totals, Fiscal Year 2001’’. Day’’, after agreeing to a committee amendment. (S. Rept. No. 106–303) Pages S4334±35 S. 2603, making appropriations for the Legislative Nominations Considered: Senate began consider- Branch for the fiscal year ending September 30, ation of the nominations of Bradley A. Smith, of 2001. (S. Rept. No. 106–304) Ohio, to be a Member of the Federal Election Com- S. 2089, to amend the Foreign Intelligence Sur- mission, Timothy B. Dyk, of the District of Colum- veillance Act of 1978 to modify procedures relating bia, to be a United States Circuit Judge for the Fed- to orders for surveillance and searches for foreign in- eral Circuit, and Gerard E. Lynch, to be a United telligence purposes, with an amendment in the na- States District Judge for the Southern District of ture of a substitute. Page S4296 New York. Pages S4255±90 D510

VerDate 11-MAY-2000 07:41 May 24, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY0.REC pfrm10 PsN: D23MY0 May 23, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D511 A unanimous-consent time agreement was reached ica and the Republic of Korea on Social Security’’; providing for further consideration of the aforemen- to the Committee on Finance. (PM–109) tioned nominations and certain other nominations, Pages S4295±96 on Wednesday, May 24, 2000, with votes to occur Nominations Received: Senate received the fol- thereon. Pages S4241±42 lowing nominations: Legislative Branch Appropriations Agreement: A Don Harrell, of New York, to be a Member of the unanimous-consent agreement was reached providing Federal Retirement Thrift Investment Board for a for the consideration of S. 2603, making appropria- term expiring September 25, 2002. tions for the Legislative Branch for the fiscal year Mildred Spiewak Dresselhaus, of Massachusetts, to ending September 30, 2001, on Wednesday, May be Director of the Office of Science, Department of 24, 2000, at 11 a.m. Page S4335 Energy. (New Position) Jayne G. Fawcett, of Connecticut, to be a Member Removal of Injunction of Secrecy: The injunction of the Board of Trustees of the Institute of American of secrecy was removed from the following treaties: Indian and Alaska Native Culture and Arts Develop- Investment Treaty with Bahrain (Treaty Doc. No. ment for a term expiring May 19, 2006. 106–25); 1 Navy nomination in the rank of admiral. Investment Treaty with Bolivia (Treaty Doc. No. Page S4335 106–26); Nominations Withdrawn: Senate received notifica- Investment Treaty with Honduras (Treaty Doc. tion of the withdrawal of the following nominations: No. 106–27); Nicholas P. Godici, of Virginia, to be an Assistant Investment Treaty with El Salvador (Treaty Doc. Commissioner of Patents and Trademarks, which was No. 106–28); sent to the Senate on January 31, 2000. Investment Treaty with Croatia (Treaty Doc. No. Mildred Spiewak Dresselhaus, of Massachusetts, to 106–29); be Director of the Office of Energy Research, which Investment Treaty with Jordan (Treaty Doc. No. was sent to the Senate on April 13, 2000. Page S4335 106–30); Messages From the President: Pages S4295±96 Investment Treaty with Mozambique (Treaty Doc. No. 106–31). Messages From the House: Page S4296 The treaties were transmitted to the Senate today, Measures Referred: Page S4296 considered as having been read for the first time, and Statements on Introduced Bills: Pages S4297±S4321 referred, with accompanying papers, to the Com- Additional Cosponsors: Pages S4321±23 mittee on Foreign Relations and were ordered to be printed. Pages S4329±30 Notices of Hearings: Page S4327 Appointment: Authority for Committees: Page S4327 NATO Parliamentary Assembly: The Chair, on Additional Statements: Pages S4290±95 behalf of the Vice President, in accordance with 22 Privileges of the Floor: Page S4327 U.S.C. 1928a–1928d, as amended, appointed the fol- Adjournment: Senate convened at 9:31 a.m., and lowing Senators as members of the Senate Delegation adjourned at 7:01 p.m., until 10 a.m., on Wednes- to the NATO Parliamentary Assembly during the day, May 24, 2000. (For Senate’s program, see the Second Session of the 106th Congress, to be held in remarks of the Acting Majority Leader in today’s Budapest, Hungary, May 26–30, 2000: Senators Record on page S4335.) Grassley (Acting Chairman), Specter, Enzi, and Voinovich. Page S4334 Committee Meetings Messages from the President: Senate received the following messages from the President of the United (Committees not listed did not meet) States: STRATEGIC NUCLEAR FORCE Transmitting, pursuant to law, a report entitled Committee on Armed Services: the ‘‘Agreement on Social Security Between the Committee concluded open and closed hearings on United States strategic United States of America and the Republic of nuclear force requirements, after receiving testimony Chile’’; to the Committee on Finance. (PM–108) from Walter B. Slocombe, Under Secretary of De- Page S4295 fense for Policy; Gen. Henry H. Shelton, USA, Transmitting, pursuant to law, a report entitled Chairman, Joint Chiefs of Staff; Gen. Eric K. the ‘‘Agreement Between the United States of Amer- Shinseki, USA, Chief of Staff, United States Army;

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Adm. Jay L. Johnson, USN, Chief of Naval Oper- lic Utility District, Ephrata, Washington; and Kevin ations; Gen. James L. Jones, Jr., USMC, Com- Snape, Clean Air Conservancy, Cleveland Heights, mandant of the Marine Corps; Gen. Michael E. Ohio. Ryan, USAF, Chief of Staff, United States Air Force; and Adm. Richard W. Mies, USN, Commander in WATER RESOURCE DEVELOPMENT Chief, United States Strategic Command. Committee on Environment and Public Works: Sub- HUD HOMELESS ASSISTANCE PROGRAMS committee on Transportation and Infrastructure con- cluded hearings to examine programs related to the Committee on Banking, Housing, and Urban Affairs: proposed Water Resources Development Act of Subcommittee on Housing and Transportation con- 2000, include the Puget Sound Restoration Project, cluded hearings to examine the consolidation of the Port of New York and New Jersey Project, the HUD’s homeless assistance programs, focusing on Ohio River Project, Brownfields revitalization, and the requirements and administration of the Emer- the National Shore Protection Act of 1996, after re- gency Shelter Grants program, the Supportive Hous- ceiving testimony from Joseph W. Westphal, Assist- ing program, the Shelter Plus Care program, and the ant Secretary of the Army for Civil Works; Mayor Section 8 Single-Room Occupancy program and the Dannel Malloy, Stamford, Connecticut, on behalf of potential need for program consolidation, after re- the National Association of Local Government Envi- ceiving testimony from Stanley J. Czerwinski, Asso- ronmental Professionals; Doug Sutherland, Pierce ciate Director, Housing and Community Develop- County Executive’s Office, Tacoma, Washington; ment Issues, Resources, Community, and Economic Lillian Borrone, Port Authority of New York and Development Division, General Accounting Office; New Jersey, New York, New York; R. Barry Palm- Fred Karnas, Deputy Assistant Secretary of Housing and Urban Development for Special Needs Pro- er, Association for the Development of Inland Navi- grams; Barbara Richardson, Rockford Department of gation in America’s Ohio Valley, Pittsburgh, Penn- Community Development, Rockford, Illinois, on be- sylvania; and Howard D. Marlowe, American Coastal half of the U.S. Conference of Mayors, the National Coalition, Washington, D.C. League of Cities, and the National Association of IMF AND WORLD BANK REFORM Counties; William C. Shelton, Virginia Department of Housing and Community Development, Rich- Committee on Foreign Relations: Committee concluded mond, on behalf of the Council of State Community hearings on International Monetary Fund and World Development Agencies; John Parvensky, Colorado Bank reform issues, focusing on the International Fi- Coalition for the Homeless, Denver; Richard H. nancial Institution Advisory Commission report, Godfrey, Jr., Rhode Island Housing and Mortgage after receiving testimony from Allan H. Meltzer, Finance Corporation, Providence, on behalf of the Carnegie Mellon University and the American Enter- National Council of State Housing Agencies; and prise Institute, Charles W. Calomiris, Columbia Nan P. Roman, National Alliance to End Homeless- University School of International and Public Affairs ness, Washington, D.C. and the American Enterprise Institute, and Jerome I. Levinson, American University Washington College HYDROELECTRIC LICENSING PROCESS of Law, all of Washington, D.C., all on behalf of the IMPROVEMENT International Financial Institution Advisory Commis- Committee on Energy and Natural Resources: Sub- sion. committee on Water and Power concluded hearings on S. 740, to amend the Federal Power Act to im- IRS RESTRUCTURING prove the hydroelectric licensing process by granting Committee on Small Business: Committee held hearings the Federal Energy Regulatory Commission statutory on Internal Revenue Service restructuring issues, fo- authority to better coordinate participation by other cusing on IRS efforts to reduce the taxpayer burden agencies and entities, after receiving testimony from of the small business community, receiving testi- David J. Hayes, Deputy Secretary of the Interior; mony from Charles O. Rossotti, Commissioner, In- James J. Hoecker, Chairman, Federal Energy Regu- ternal Revenue Service, Department of the Treasury; latory Commission, Department of Energy; Dennis Cornelia M. Ashby, Associate Director, Tax Policy C. Lewis, Petersburg Municipal Power and Light, and Administration Issues, General Government Di- Petersburg, Alaska; Andrew Fahlund, American Riv- vision, General Accounting Office; and Sandra A. ers, Washington, D.C., on behalf of the Hydropower Abalos, Abalos and Associates, Phoenix, Arizona, and Reform Coalition; Terry Hudgens, PacifiCorp, and Roy M. Quick, Jr., Quick Tax and Accounting Serv- Randy Settler, Yakama Nation, on behalf of the Co- ice, St. Louis, Missouri, both on behalf of the IRS lumbia River Inter-Tribal Fish Commission, both of Electronic Tax Administration Advisory Committee. Portland, Oregon; Lionel Topaz, Grant County Pub- Hearings recessed subject to call.

VerDate 11-MAY-2000 07:41 May 24, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY0.REC pfrm10 PsN: D23MY0 May 23, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D513 House of Representatives on United States trade secrets (agreed to by a re- Chamber Action corded vote of 407 ayes to 1 no, Roll No. 215); and Bills Introduced: 13 public bills, H.R. 4515–4527; Page H3536 and 2 resolutions, H. Con. Res. 333 and H. Res. Traficant amendment, No. 4 printed in the Con- 509, were introduced. Pages H3648±49 gressional Record debated on Monday, May 22, that Reports Filed: Reports were filed today as follows: requires a report within 60 days by the Director of H.R. 297, to authorize the construction of the Central Intelligence on whether the policies and Lewis and Clark Rural Water System and to author- goals of the People’s Republic of China constitute a ize assistance to the Lewis and Clark Rural Water threat to our national security (agreed to by a re- System, Inc., a nonprofit corporation, for the plan- corded vote of 404 ayes to 8 noes, Roll No. 216). ning and construction of the water supply system, Pages H3536±37 amended (H. Rept. 106–633); Rejected the Roemer amendment, No. 1 printed H.R. 2498, to amend the Public Health Service in the Congressional Record debated on Monday, Act to provide for recommendations of the Secretary May 22, that sought to require an annual statement of Health and Human Services regarding the place- of the total amount of intelligence expenditures for ment of automatic external defibrillators in Federal the preceding fiscal year (rejected by a yea and nay buildings in order to improve survival rates of indi- vote of 175 yeas to 225 nays, Roll No. 214. viduals who experience cardiac arrest in such build- Pages H3535±36 ings, and to establish protections from civil liability Agreed that the Clerk be authorized to make arising from the emergency use of the devices, technical and conforming changes in the engross- amended (H. Rept. 106–634); H.R. 4516, making appropriations for the Legisla- ment of the bill. Page H3537 tive Branch for the fiscal year ending September 30, House agreed to H. Res. 506, the rule that pro- 2001 (H. Rept. 106–635); vided for consideration of the bill on May 19. H. Res. 510, providing for consideration of H.R. Suspensions: The House agreed to suspend the rules 3916, to amend the Internal Revenue Code of 1986 and pass the following measures: to repeal the excise tax on telephone and other com- Lewis and Clark Rural Water System: H.R. munication services (H. Rept. 106–636); 297, amended, to authorize the construction of the H. Res. 511, providing for consideration of H.R. Lewis and Clark Rural Water System and to author- 4444, to authorize extension of nondiscriminatory ize assistance to the Lewis and Clark Rural Water treatment (normal trade relations treatment) to the System, Inc., a nonprofit corporation, for the plan- People’s Republic of China (H. Rept. 106–637); and H.R. 2764, to license America’s Private Invest- ning and construction of the water supply system ment Companies and provide enhanced credit to (passed by a yea and nay vote of 400 yeas to 13 stimulate private investment in low-income commu- nays, Roll No. 217). The Clerk was authorized to make technical and conforming changes in the en- nities, amended (H. Rept. 106–638). Page H3648 grossment of the bill; Pages H3538±40, H3581±82, H3583 Recess: The House recessed at 9:41 a.m. and recon- vened at 10:00 a.m. Page H3532 Raising of the United States Flag in American Samoa: H. Res. 443, amended, expressing the sense Intelligence Authorization Act for FY 2001: The of the House of Representatives with regard to the House passed H.R. 4392, to authorize appropriations centennial of the raising of the United States flag in for fiscal year 2001 for intelligence and intelligence- American Samoa (agreed to by a yea and nay vote related activities of the United States Government, of 417 yeas with none voting ‘‘nay’’, Roll No. 218); the Community Management Account, and the Cen- tral Intelligence Agency Retirement Disability Sys- Pages H3540±43, H3582±83 tem. Pages H3535±37 Pope John Paul II Congressional Gold Medal: Agreed to the Committee amendment in the na- H.R. 3544, amended, to authorize a gold medal to ture of a substitute made in order by the rule. be awarded on behalf of the Congress to Pope John Page H3537 Paul II in recognition of his many and enduring Agreed To: contributions to peace and religious understanding Traficant amendment, No. 3 printed in the Con- (passed by a yea and nay vote of 416 yeas to 1 nay, gressional Record debated on Monday, May 22, that Roll No. 219). Agreed to amend the title; requires a report on the effects of foreign espionage Pages H3543±48, H3583

VerDate 11-MAY-2000 07:41 May 24, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY0.REC pfrm10 PsN: D23MY0 D514 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 2000 Veterans and Dependents Millennium Edu- First Sponsor of Captive Exotic Animal Protec- cation Act: S. 1402, amended, to amend title 38, tion Act: Agreed that Representative Franks of New United States Code, to enhance programs providing Jersey be hereafter considered as the first sponsor of education benefits for veterans (passed by a yea and H.R. 1202, to amend title 18, United States Code, nay vote of 417 yeas to 3 nays, Roll No. 220). to prohibit interstate-connected conduct relating to Agreed to amend the title; Pages H3548±58, H3593±94 exotic animals, a bill originally introduced by the late Representative George Brown of California, for Recognition of World War II Minority Veterans: the purpose of adding cosponsors and requesting H.J. Res. 98, supporting the Day of Honor 2000 to printings under clause 7 of rule 12. Page H3563 honor and recognize the service of minority veterans in the United States Armed Forces during World Normal Trade Relations Treatment to China: War II. Subsequently the House passed S.J. Res. 44, The House completed two hours of debate on H.R. a similar Senate-passed bill—clearing the measure 4444, to authorize extension of nondiscriminatory for the President. H.J. Res. 98 was then laid on the treatment (normal trade relations treatment) to the People’s Republic of China pursuant to a unanimous table; Pages H3558±63 consent request. Consideration will resume on International Child Abduction: H. Con. Res. Wednesday, May 24. Pages H3596±H3615 293, amended, urging compliance with the Hague Earlier, agreed that it be in order to declare the Convention on the Civil Aspects of International House resolved into the Committee of the Whole Child Abduction (agreed to by a recorded vote of House on the state of the Union for consideration of 416 ayes with none voting ‘‘no’’, Roll No. 221); the bill; that the first reading be dispensed with; Pages H3564±68, H3594±95 that all points of order against its consideration be INS Data Management Improvement: H.R. waived; that general debate proceed without inter- 4489, to amend section 110 of the Illegal Immigra- vening motion, be confined to the bill, and be lim- tion Reform and Immigrant Responsibility Act of ited to two hours equally divided among and con- trolled by the Chairman and ranking minority mem- 1996; Pages H3568±76 ber of the Committee on Ways and Means, Rep- Private Mortgage Insurance Technical Correc- resentative Stark or his designee, and Representative tions and Clarification: H.R. 3637, to amend the Rohrabacher or his designee; that after debate the Homeowners Protection Act of 1998 to make certain Committee of the Whole rise without motion; and technical corrections; Pages H3578±81 that no further consideration of the bill be in order Cardiac Arrest Survival Act: H.R. 2498, amend- except pursuant to a subsequent order of the House. ed, to amend the Public Health Service Act to pro- Page H3593 vide for recommendations of the Secretary of Health Amendments: Amendments ordered printed pursu- and Human Services regarding the placement of ant to the rule appear on page H3650. automatic external defibrillators in Federal buildings Quorum Calls—Votes: Six yea and nay votes and in order to improve survival rates of individuals who four recorded votes developed during the proceedings experience cardiac arrest in such buildings, and to of the House today and appear on pages H3535–36, establish protections from civil liability arising from H3536, H3537, H3581–82, H3582–83, H3583, the emergency use of the devices (passed by a yea H3593–94, H3594–95, H3595, and H3595–96. and nay vote of 415 yeas to 2 nays, Roll No. 222; There were no quorum calls. and Pages H3584±88, H3595 Adjournment: The House met at 9:00 a.m. and ad- Harry S Truman Federal Building: H.R. 3639, journed at midnight. amended, to designate the Federal building located at 2201 C Street, Northwest, in the District of Co- Committee Meetings lumbia, currently headquarters for the Department of State, as the ‘‘Harry S Truman Federal Building’’ VA, HUD AND INDEPENDENT AGENCIES APPROPRIATIONS (passed by a yea and nay vote of 413 yeas with none voting ‘‘nay’’, Roll No. 223). Committee on Appropriations: Subcommittee on VA, Pages H3588±93, H3595±96 HUD and Independent Agencies approved for full Committee action the VA, HUD and Independent Hmong Veterans’ Naturalization Act of 2000: Agencies appropriations for fiscal year 2001. The House agreed to the Senate amendment to H.R. 371, to expedite the naturalization of aliens who U.S.—TERRORIST THREATS served with special guerrilla units in Laos—clearing Committee on Armed Services: Special Oversight Panel the measure for the President. Pages H3576±78 on Terrorism held a hearing on terrorist threats to

VerDate 11-MAY-2000 07:41 May 24, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY0.REC pfrm10 PsN: D23MY0 May 23, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D515 the United States. Testimony was heard from public National Park in the State of Florida. Testimony was witnesses. heard from Representatives Ros-Lehtinen, Meek of CHINA—PERMANENT NORMAL TRADE Florida, Hastings of Florida and Shaw; Denis Galvin, RELATIONS Deputy Director, National Park Service, Department of the Interior; and public witnesses. Committee on Commerce: Subcommittee on Finance and Hazardous Materials held a hearing entitled: NORTHERN COLORADO WATER ‘‘PNTR: Opening the World’s Biggest Potential CONSERVANCY DISTRICT—WATER Market to American Financial Services Competi- CONVEYANCE tion.’’ Testimony was heard from public witnesses. Committee on Resources: Subcommittee on Water and DEPARTMENT OF ENERGY— Power held a hearing on H.R. 4389, to direct the WHISTLEBLOWERS Secretary of the Interior to convey certain water dis- tribution facilities to the Northern Colorado Water Committee on Commerce: Subcommittee on Oversight Conservancy District. Testimony was heard from and Investigations held a hearing entitled: ‘‘Whistle- Eluid Martinez, Commissioner, Bureau of Reclama- blowers at Department of Energy Facilities: Is There tion, Department of the Interior; and public wit- Really ‘Zero Tolerance’ for Contractor Retaliation?’’ nesses. Testimony was heard from Mary Anne Sullivan, General Counsel, Department of Energy; Joe Gutier- CHINA—NORMAL TRADE RELATIONS rez, Assessor, Audits and Assessment Division, Los TREATMENT Alamos National Laboratory; and public witnesses. Committee on Rules: Granted, by voice vote, a closed INTERNET—OBSCENE MATERIAL rule providing three hours of debate on H.R. 4444, AVAILABLE to authorize extension of nondiscriminatory treat- ment (normal trade relations treatment) to the Peo- Committee on Commerce: Subcommittee on Tele- ple’s Republic of China, equally divided among and communications, Trade, and Consumer Protection controlled by the chairman and ranking member of held a hearing on Obscene Material Available via the the Committee on Ways and Means, Representative Internet. Testimony was heard from Alan Gershel, Stark of California, and Representative Rohrabacher Deputy Assistant Attorney General, Criminal Divi- of California. The rule provides that, in lieu of the sion, Department of Justice; and public witnesses. committee amendment in the nature of a substitute WEALTH THROUGH THE WORKPLACE ACT recommended by the Committee on Ways and Means, the amendment in the nature of a substitute Committee on Education and the Workforce: Sub- printed in the report of the Committee on Rules ac- committee on Employer-Employee Relations ap- companying the rule shall be considered as adopted. proved for full Committee action H.R. 3462, Finally, the rule provides one motion to recommit Wealth Through The Workplace Act of 2000. with or without instructions. Testimony was heard SECRET EVIDENCE REPEAL ACT from Chairman Archer and Representatives Crane, Committee on the Judiciary: Held a hearing on H.R. English, Bereuter, Hunter, Weldon of Pennsylvania, 2121, Secret Evidence Repeal Act of 1999. Testi- Levin, Cardin, Markey, Berman, Pelosi and Sherman. mony was heard from Representatives Campbell and REPEAL EXCISE TAX ON TELEPHONE AND Bonior; the following officials of the Department of OTHER COMMUNICATION SERVICES Justice: Larry R. Parkinson, General Counsel, FBI; Committee on Rules: Granted, by voice vote, a closed and Bo Cooper, General Counsel, Immigration and rule on H.R. 3916, to amend the Internal Revenue Naturalization Service; and pubic witnesses. Code of 1986 to repeal the excise tax on telephone OVERSIGHT—FEDERAL PUBLIC LANDS and other communication services providing one POLICIES hour of debate equally divided and controlled by the Committee on Resources: Held an oversight hearing on chairman and ranking minority member of the Com- Funding of Environmental Initiatives and their In- mittee on Ways and Means. The rule waives all fluence on Federal Public Lands Policies. Testimony points of order against consideration of the bill. The was heard from public witnesses. rule provides that the amendment recommended by the Committee on Ways and Means now printed in BISCAYNE NATIONAL PARK the bill shall be considered as adopted upon adop- Committee on Resources: Subcommittee on National tion of the resolution. Finally, the rule provides one Parks and Public Lands held a hearing on H.R. motion to recommit with or without instructions. 3033, to direct the Secretary of the Interior to make Testimony was heard from Chairman Archer and certain adjustments to the boundaries of Biscayne Representatives Towns and Wynn.

VerDate 11-MAY-2000 07:41 May 24, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY0.REC pfrm10 PsN: D23MY0 D516 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 2000 TECHNOLOGY TRANSFER Committee on Energy and Natural Resources: business Committee on Science: meeting to consider pending calendar business, 9:30 a.m., Subcommittee on Technology SD–366. Subcommittee on Water and Power, to hold held a hearing on Technology Transfer Challenges hearings on S. 2163, to provide for a study of the engi- and Partnerships: A Review of the Department of neering feasibility of a water exchange in lieu of elec- Commerce’s Biennial Report on Technology Trans- trification of the Chandler Pumping Plant at Prosser Di- fer. Testimony was heard from Kelly H. Carnes, As- version Dam, Washington; S. 2396, to authorize the Sec- sistant Secretary, Technology Policy, Technology Ad- retary of the Interior to enter into contracts with the ministration, Department of Commerce; and public Weber Basin Water Conservancy District, Utah, to use witnesses. Weber Basin Project facilities for the impounding , stor- age, and carriage of nonproject water for domestic, mu- Joint Meetings nicipal, industrial, and other beneficial purposes; S. 2248, to assist in the development and implementation of RUSSIA HUMAN RIGHTS ABUSES projects to provide for the control of drainage water, Commission on Security and Cooperation in Europe: Com- storm water, flood water, and other water as part of mission concluded hearings to examine human rights water-related integrated resource management, environ- abuses in Russia, focusing on an attack on the mental infrastructure, and resource protection and devel- Media-Most headquarters in Moscow by armed gov- opment projects in the Colusa Basin Watershed, Cali- ernment security agents, alleged illegally acquired fornia; S. 2410, to increase the authorization of appropria- tapes and transcripts, and the war in Chechnya, after tions for the Reclamation Safety of Dams Act of 1978; and S. 2425, to authorize the Bureau of Reclamation to receiving testimony from Lt. Gen. William Odom participate in the planning, design, and construction of (Ret.), Hudson University, Washington, D.C., the Bend Feed Canal Pipeline Project, Oregon, 2:30 p.m., former head of the National Security Agency; Igor SD–366. Malashenko, Media-Most, Moscow, Russia; Sarah Committee on Environment and Public Works: to hold hear- Mendelson, Tufts University Fletcher School of Law ings on S. 25, to provide Coastal Impact Assistance to and Diplomacy, Boston, Massachusetts; Georgi State and local governments, to amend the Outer Conti- Derlugian, Northwestern University Department of nental Shelf Lands Act Amendments of 1978, the Land Sociology, Chicago, Illinois; and Rachel Denber, and Water Conservation Fund Act of 1965, the Urban Human Rights Watch, New York, New York. Park and Recreation Recovery Act, and the Federal Aid f in Wildlife Restoration Act (commonly referred to as the Pittman-Robertson Act) to establish a fund to meet the COMMITTEE MEETINGS FOR outdoor conservation and recreation needs of the Amer- WEDNESDAY, MAY 24, 2000 ican people; S. 2123, to provide Outer Continental Shelf (Committee meetings are open unless otherwise indicated) Impact assistance to State and local governments, to amend the Land and Water Conservation Fund Act of Senate 1965, the Urban Park and Recreation Recovery Act of Committee on Armed Services: to hold hearings on the 1978, and the Federal Aid in Wildlife Restoration Act nomination of General John A. Gordon, United States (commonly referred to as the Pittman-Robertson Act) to Air Force, to be Under Secretary for Nuclear Security, establish a fund to meet the outdoor conservation and Department of Energy, 9:30 a.m., SR–222. recreation needs of the American people; and S. 2181, to Committee on Banking, Housing, and Urban Affairs: busi- amend the Land and Water Conservation Fund Act to ness meeting to mark up S. 2107, to amend the Securi- provide full funding for the Land and Water Conservation ties Act of 1933 and the Securities Exchange Act of 1934 Fund, and to provide dedicated funding for other con- to reduce securities fees in excess of those required to servation programs, including coastal stewardship, wild- fund the operations of the Securities and Exchange Com- life habitat protection, State and local park and open mission, to adjust compensation provisions for employees space preservation, historic preservation, forestry conserva- of the Commission; S. 2266, to provide for the minting tion programs, and youth conservation corps; and for of commemorative coins to support the 2002 Salt Lake other purposes, 9:30 a.m., SD–406. Olympic Winter Games and the programs of the United Committee on Foreign Relations: to hold hearings on the States Olympic Committee; S. 2453, to authorize the nomination of Marc Grossman, of Virginia, to be Director President to award a gold medal on behalf of Congress General of the Foreign Service, Department of State, 9:30 to Pope John Paul II in recognition of his outstanding a.m., SD–419. and enduring contributions to humanity; the nomination Committee on Indian Affairs: to hold hearings on S. 611, of Richard Court Houseworth, of Arizona, to be a Mem- to provide for administrative procedures to extend Federal ber of the Board of Directors of the Federal Deposit In- recognition to certain Indian groups, 2:30 p.m., SR–485. surance Corporation for the remainder of the term expir- Committee on the Judiciary: Subcommittee on Adminis- ing December 25, 2001; and the nomination of Nuria I. trative Oversight and the Courts, to hold oversight hear- Fernandez, of Illinois, to be Federal Transit Adminis- ings to examine the 1996 campaign finance investiga- trator, 10 a.m., SD–538. tions, 9 a.m., SD–226.

VerDate 11-MAY-2000 07:41 May 24, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY0.REC pfrm10 PsN: D23MY0 May 23, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D517 House life management program for this resource within the De- partment of Agriculture; H.R. 3023, to authorize the Committee on Appropriations, to mark up the Labor, Secretary of the Interior, acting through the Bureau of Health and Human Services, and Education appropria- tions for fiscal year 2001, 9:30 p.m., 2359 Rayburn. Reclamation, to convey property to the Greater Yuma Committee on Banking and Financial Services, hearing on Port Authority of Yuma County, Arizona, for use as an Predatory Lending Practices, 9:30 a.m., 2128 Rayburn. international port of entry; H.R. 3176, to direct the Sec- Committee on the Budget, Education Task Force, hearing retary of the Interior to conduct a study to determine on ‘‘Education Department Fails Accounting101: The De- ways of restoring the natural wetlands conditions in the partment of Education’s Unreliable Financial Records,’’ Kealia Pond National Wildlife Refuge, Hawaii; H.R. 10 a.m., 210 Cannon. 3241, to direct the Secretary of the Interior to recalculate Natural Resources and the Environment Task Force, the franchise fee owed by Fort Sumter Tours, Inc., a con- hearing on ‘‘Management Failures at the National Parks, cessioner providing service to Fort Sumter National Oversight Weaknesses with Concession Contracts,’’ 2 Monument in South Carolina; H.R. 3291, Shivwits Band p.m., 210 Cannon. of the Paiute Indian Tribe of Utah Water Rights Settle- Committee on Commerce, Subcommittee on Energy and ment Act; H.R. 3292, to provide for the establishment Power, hearing on National Energy Policy: Ensuring Ade- of the Cat Island National Wildlife Refuge in West quate Supply of Natural Gas and Crude Oil, 10 a.m., Feliciana Parish, Louisiana; H.R. 3468, Duchesne City 2322 Rayburn. Water Rights Conveyance Act; H.R. 3535, Shark Finning Committee on Government Reform, Subcommittee on Na- Prohibition Act; H.R. 3999, Virgin Islands and Guam tional Security, Veterans Affairs, and International Rela- Constitutional Self-Government Act of 2000; H.R. 4070, tions, hearing on ‘‘DoD Chemical and Biological Defense to direct the Secretary of the Interior to correct a map Program: Management and Oversight,’’ 10 a.m., 2247 relating to the coastal Barrier Resources System Unit Rayburn. P31, located near the city of Mexico Beach, Florida; H.R. Committee on International Relations, hearing on the U.S. 4132, to reauthorize grants for water resources research Commission on International Religious Freedom: First and technology institutes established under the Water Annual Report, 10 a.m., 2172 Rayburn. Resources Research Act of 1984; and H.R. 4435, to clar- Committee on the Judiciary, to mark up the following ify certain boundaries on the map relating to Unit NCO1 bills: H.R. 2987, Methamphetamine Anti-Proliferation of the Coastal Barrier Resources System, 11 a.m., 1324 Act of 1999; H.R. 3048, Presidential Threat Protection Longworth. Act of 1999; H.R. 4108, Secure Our Schools Act; H.R. Committee on Rules, to consider H.R. 1304, Quality 4391, Mobile Telecommunications Sourcing Act; H.R. Health-Care Coalition Act of 1999, 2 p.m., H–313 Cap- 3489, Wireless Telecommunications Sourcing and Privacy itol. Act; and S. 1515. Radiation Exposure Compensation Act Committee on Science, Subcommittee on Space and Aero- Amendments of 1999, 10 a.m., 2141 Rayburn. nautics, hearing on U.S. Bilateral Space Launch Trade Committee on Resources, to consider the following bills: S. Agreements, 2 p.m., 2318 Rayburn. 1211, to amend the Colorado River Basin Salinity Con- Committee on Small Business, hearing on ‘‘Online Music: trol Act to authorize additional measures to carry out the Will Small Music Labels and Entrepreneurs Prosper in control of salinity upstream of Imperial Dam in a cost- the Internet Age?’’ 10 a.m., 2360 Rayburn. effective manner; S. 1629, Oregon Exchange Act of 2000; Committee on Transportation and Infrastructure, Sub- H.R. 1775, Estuary Habitat Restoration Partnership Act committee on Coast Guard and Maritime Transportation, of 1999; S. 1892, to authorize the acquisition of the hearing on the Disposal of Obsolete Maritime Adminis- Valles Caldera, to provide for an effective land and wild- tration Vessels, 10 a.m., 21267 Rayburn.

VerDate 11-MAY-2000 07:41 May 24, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY0.REC pfrm10 PsN: D23MY0 D518 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, May 24 10 a.m., Wednesday, May 24

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday: Consideration of H.R. 4444, Senators for speeches and the transaction of any morning Extending Normal Trade Relations Treatment to China. business (not to extend beyond 11 a.m.), Senate will (closed rule, 3 hours of debate). begin consideration of S. 2603, Legislative Branch Appro- priations. Also, Senate will resume consideration of cer- tain nominations with votes to occur thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Ford, Harold E., Jr., Tenn., E816 McInnis, Scott, Colo., E810, E811, E812, E814, E815 Frank, Barney, Mass., E815 Mink, Patsy T., Hawaii, E815 Barr, Bob, Ga., E810, E813 Gonzalez, Charles A., Tex., E812, E814 Neal, Richard E., Mass., E811 Ehlers, Vernon J., Mich., E810, E814 Goodling, William F., Pa., E813, E814 Nethercutt, George R., Jr., Wash., E815 Evans, Lane, Ill., E811 Lantos, Tom, Calif., E809, E812 Olver, John W., Mass., E812

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