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, FEBRUARY 1, 2000 No. 6 House of Representatives The House met at 9:30 a.m. and was our Tax Code 28 million married work- Joliet Public School System with an called to order by the Speaker pro tem- ing couples pay, on average, $1,400 identical income, as long as she is sin- pore (Mr. COOKSEY). more in higher taxes just because they gle she pays in the 15 percent tax f are married. bracket. But if this school teacher and Mr. Speaker, is it right that under machinist choose to get married, when DESIGNATION OF SPEAKER PRO our Tax Code that couples are pun- they are married they file jointly and TEMPORE ished, that they are penalized when add together their income. What hap- The SPEAKER pro tempore laid be- they choose to participate in society’s pens then is their combined income is fore the House the following commu- most basic institution? $63,000 and that pushes them into the 28 nication from the Speaker: That is the fact today. I represent a percent tax bracket, and they are pun- WASHINGTON, DC, diverse district on the south side of ished with an almost $1,400 marriage February 1, 2000. Chicago. In the south suburbs in Cook tax penalty. If they chose to stay sin- I hereby appoint the Honorable JOHN and Will Counties, in Joliet and the gle and live together outside of mar- COOKSEY to act as Speaker pro tempore on bedroom and farm communities they riage, they would avoid that marriage this day. all ask the same question. They wonder tax penalty. J. DENNIS HASTERT, why for 30 years now Washington has In this case, because this machinist Speaker of the House of Representatives. punished marriage and no one has gone and school teacher chose to live in holy f back to fix it. matrimony, society’s most basic insti- I am pleased that under the leader- MORNING HOUR DEBATES tution, they are punished under our ship of the Speaker of the House, the Tax Code. I find most Americans, The SPEAKER pro tempore. Pursu- gentleman from Illinois (Mr. HASTERT), whether they live in the city or the ant to the order of the House of Janu- this House has made it a top priority suburbs or the country, think it is just ary 19, 1999, the Chair will now recog- to eliminate and wipe out the marriage wrong and they want Congress and the nize Members from lists submitted by tax penalty suffered by 28 million mar- President to do something about it. the majority and minority leaders for ried working couples. The Speaker has That is why I am so pleased, because morning hour debates. The Chair will said that the elimination of the mar- I have a another couple from Joliet, Il- alternate recognition between the par- riage tax penalty will be fast out of the linois, two public school teachers, Shad ties, with each party limited to 30 min- box and on a fast track through the and Michelle Hallihan. They came and utes, and each Member, except the ma- Senate and to the President, wiping told me they suffered a marriage tax jority leader, the minority leader, or out the marriage tax penalty and stop- penalty of $1,000. They just had a baby. the minority whip, limited to 5 min- ping the Tax Code from punishing mar- Michelle told me, ‘‘Congressman, tell utes. riage. your colleagues in the Congress that The Chair recognizes the gentleman The marriage tax penalty really re- $1,000 average in marriage tax penalty from Illinois (Mr. WELLER) for 5 min- sults from our very complicated Tax is 3,000 diapers.’’ Of course, they point utes. Code. And, unfortunately, because we out that $1,400, the average marriage f have a progressive Tax Code, if couples tax penalty, is one year’s tuition in the get married, they get punished. That is local community college. UNFAIRNESS IN TAX CODE: just wrong. Well, House Republicans are going to MARRIAGE TAX PENALTY Mr. Speaker, here is how the mar- do something about this. We are going Mr. WELLER. Mr. Speaker, it is a riage tax penalty works. Here is how it to work to eliminate the marriage tax great day here and today we are, of ends up. Say there is a machinist and a penalty and the Speaker has put it on course, responding to an important school teacher in Joliet, Illinois. A ma- a fast track. This Wednesday, tomor- question that we have asked in this chinist who works at Caterpillar at the row, the House Committee on Ways well of the House over the last several local plant. The machinist makes that and Means will have committee action years and that is a pretty basic funda- heavy equipment, the big bulldozers on legislation that will essentially mental question. That is: Is it right, is and cranes and earth-moving equip- wipe out the marriage tax penalty for a it fair that under our Tax Code married ment. He makes $31,500 a year. If he is majority of those who suffer it. We working couples pay more in taxes single, he pays taxes in the 15 percent double the standard deduction for joint than an identical couple in an identical tax bracket. filers to twice that of singles, which situation living together outside of Now, Mr. Speaker, if he meets a will not only help 3 million couples marriage? It is just wrong that under tenured public school teacher in the who will no longer have to itemize

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

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VerDate 27-JAN-2000 02:53 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.000 pfrm02 PsN: H01PT1 H92 CONGRESSIONAL RECORD — HOUSE February 1, 2000 their taxes, but will essentially wipe eral months’ worth of car payments; it This Congress has given more tax relief to out their marriage tax penalty for is most of the contribution to an IRA the middle class and working poor than any those who do not itemize. for Michelle. It is real money for real Congress of the last half century. Of course, many homeowners itemize. people. I think the issue of the marriage penalty can In order to help homeowners and those House Republicans are making it a best be framed by asking these questions: Do who itemize from suffering the mar- priority. We invite the Democrats to Americans feel its fair that our tax code im- riage tax penalty, we widen the 15 per- join with us. Let us make it a bipar- poses a higher tax penalty on marriage? Do cent bracket so that joint filers can tisan effort to eliminate the marriage Americans feel its fair that the average mar- earn twice as much as single filers and tax penalty. What better Valentine’s ried working couple pays almost $1,400 more still pay in the 15 percent bracket. And Day gift to give 28 million married in taxes than a couple with almost idential in- for low-income families who benefit working couples. I urge my colleagues come living together outside of marriage? Is it from the Earned Income Tax Credit, we to pass the legislation with bipartisan right that our tax code provides an incentive to also provide marriage tax relief for support and send it to the Senate and get divorced? poor families and low-income families send it on the President. In fact, today the only form one can file to who suffer from the marriage tax pen- Mr. Speaker, I rise today to highlight what is avoid the marriage tax penalty is paperwork alty. arguably the most unfair provision in the U.S. for divorce. And that is just wrong! Mr. Speaker, it is good, common- Tax Code: the marriage tax penalty. I want to sense legislation and deserves over- thank you for your long term interest in bring- Since 1969, our tax laws have punished whelming bipartisan support. There is ing parity to the tax burden imposed on work- married couples when both spouses work. For no excuse to vote against legislation ing married couples compared to a couple liv- no other reason than the decision to be joined wiping out the marriage tax penalty. ing together outside of marriage. in holy matrimony, more than 21 million cou- The Speaker of the House has also indi- This month President Clinton gave his State ples a year are penalized. They pay more in cated that by Valentine’s Day that we of the Union Address outlining many of the taxes than they would if they were single. Not are going to pass this through to help things he will spend the budget surplus on. only is the marriage penalty unfair, it's wrong couples like Shad and Michelle House Republicans want to preserve 100% of that our tax code punishes society's most Hallihan who suffer the marriage tax the Social Security surplus for Social Security basic institution. The marriage tax penalty penalty. And what better Valentine’s and Medicare and use the non-Social Security exacts a disproportionate toll on working Day gift to give 28 million married surplus for paying down the debt and to bring women and lower income couples with chil- working couples than legislation which fairness to the tax code. dren. In many cases it is a working women's will eliminate the marriage tax pen- A surplus provided by the bipartisan budget issue. alty. agreement which: cut waste, put America's fis- Let me give you an example of how the Think in these terms: $1,400 is a drop cal house in order, and held Washington's feet marriage tax penalty unfairly affects middle in the bucket here in Washington. It is to the fire to balance the budget. class married working couples. chump change for the Washington bu- While President Clinton parades a long list For example, a machinist, at a Caterpillar reaucrats and the big spenders here in of new spending totaling $72 billion in new manufacturing plant in my home district of Jo- Washington. But back home in Illinois, programsÐwe believe that a top priority after liet, makes $31,500 a year in salary. His wife a $1,400 marriage tax penalty is one saving Social Security and paying down the is a tenured elementary school teacher, also year’s tuition at a local community national debt should be returning the budget bringing home $31,500 a year in salary. If they college; 3 months of day care for Shad surplus to America's families as additional would both file their taxes as singles, as indi- and Michelle for their child; it is sev- middle-class tax relief. viduals, they would pay 15%. MARRIAGE PENALTY EXAMPLE

Machinist School teacher Couple H.R. 6

Adjusted gross income ...... $31,500 ...... $31,500 ...... $63,000 ...... $63,000 Less personal exemption and standard deduction ...... $6,950 ...... $6,950 ...... $12,500 ...... $13,00 (singles × 2) Taxable income ...... $24,550 (× .15) ...... $24,550 (× .15) ...... $50,500 (Partial × .28) ...... $49,100 (× .15) Tax liability ...... $3682.5 ...... $3682.5 ...... $8635 ...... $7,365 Marriage penalty, $1,270. Relief, $1,270.

But if they chose to live their lives in holy tional $8,100 in taxable income subject to the know better than Washington what their family matrimony, and now file jointly, their combined low 15% tax rate as opposed to the current needs. income of $63,000 pushes them into a higher 28% tax rate and would result in up to $1,215 We fondly remember that 1996 State of the tax bracket of 28 percent, producing a tax in tax relief. Union address when the President declared penalty of $1,400 in higher taxes. Additionally the bill will increase the stand- emphatically that, quote ``the era of big gov- On average, America's married working ard deduction for married couples (currently ernment is over.'' couples pay $1,400 more a year in taxes than $6,900) to twice that of singles (currently at We must stick to our guns, and stay the individuals with the same incomes. That's seri- $4,150). Under H.R. 6 the standard deduction course. ous money. Millions of married couples are for married couples filing jointly would be in- still stinging from April 15th's tax bite and creased to $8,300. There never was an American appetite for more married couples are realizing that they H.R. 6 enjoys the bipartisan support of 223 big government. are suffering the marriage tax penalty. co-sponsors along with family groups, includ- But their certainly is for reforming the exist- Particularly if you think of it in terms of: A ing: American Association of Christian ing way government does business. down payment on a house or a car, one years Schools, American Family Association, Chris- And what better way to show the American tuition at a local community college, or several tian Coalition, Concerned Women for America, people that our government will continue along months worth of quality child care at a local Ethics and Religious Liberty Commission of the path to reform and prosperity than by day care center. the Southern Baptist Convention, Family Re- eliminating the marriage tax penalty. To that end, U.S. Representative DAVID search Council, Home School Legal Defense Ladies and gentlemen, we are on the verge MCINTOSH and U.S. Representative PAT DAN- Association, the National Association of of running a surplus. It's basic math. NER and I have authored H.R. 6, The Marriage Evangelicals and the Traditional Values Coali- Tax Elimination Act. tion. It means Americans are already paying H.R. 6, The Marriage Tax Elimination Act It isn't enough for President Clinton to sug- more than is needed for government to do the will increase the tax brackets (currently at 15% gest tax breaks for child care. The President's job we expect of it. for the first $24,650 for singles, whereas mar- child care proposal would help a working cou- What better way to give back than to begin ried couples filing jointly pay 15% on the first ple afford, on average, three weeks of day with mom and dad and the American familyÐ $41,200 of their taxable income) to twice that care. Elimination of the marriage tax penalty the backbone of our society. enjoyed by singles; H.R. 6 would extend a would give the same couple the choice of pay- We ask that President Clinton join with Con- married couple's 15% tax bracket to $49,300. ing for three months of child careÐor address- gress and make elimination of the marriage Thus, married couples would enjoy an addi- ing other family priorities. After all, parents tax penalty . . . a bipartisan priority.

VerDate 27-JAN-2000 03:10 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.003 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H93

Speaker HASTERT and House Republicans The upbringing of Cuba’s children, in the Cuban dictator cares about family have made eliminating the marriage tax pen- other words, is the responsibility of the unity and how much his communist alty a top priority. In fact, we plan to move leg- Cuban Communist Party. Based on this code that is in force in Cuba cares islation in the next few weeks. premise, the Code of the Child and about communist ideology and loyalty Last year, President Clinton and Vice Presi- Youth dictates in its first Article that to the socialist Marxist-Leninist cause dent GORE vetoed our efforts to eliminate the the people, organizations, and institu- and not loyalty to true family unity. marriage tax penalty for almost 28 million mar- tions which take part in their edu- f ried working people. The Republican effort cation are obligated to ‘‘promote the CANADIAN HEALTH CARE IS A would have provided about $120 billion in formation of the communist person- COLOSSAL FAILURE marriage tax relief. Unfortunately, President ality in the young generations.’’ That Clinton and Vice President GORE said they is their quote. The SPEAKER pro tempore. Under would rather spend the money on new govern- Mr. Speaker, if any doubt exists as to the Speaker’s announced policy of Jan- ment programs than eliminate the marriage the true nature of this Code, Article 3 uary 19, 1999, the gentleman from Flor- tax penalty. states that the communist ideological ida (Mr. STEARNS) is recognized during This year we ask President Clinton and Vice formation of the young generation is a morning hour debates for 5 minutes. President GORE to join with us and sign into primary goal of the State and, as such, Mr. STEARNS. Mr. Speaker, back in law a stand alone bill to eliminate the marriage the State works to instill in them, the 1970s when Canada unveiled its na- tax penalty. quote, ‘‘loyalty to the cause of social- tional health care program, it promised Of all the challenges married couples face ism and communism and loyalty . . . its citizens universal and free health in providing home and hearth to America's to the vanguard of Marxist-Leninism, care. In fact, in 1984 the Canadian Gov- children, the U.S. tax code should not be one the Cuban Communist Party.’’ ernment promised that it would make of them. By the same token, the State must available to all its citizens health that The greatest accomplishment of the Repub- develop in the children ‘‘a sense of would be, ‘‘universal, portable, com- lican Congress this past year was our success honor and loyalty to the principles of prehensive and accessible.’’ in protecting the Social Security Trust Fund proletariat internationalism.’’ Again, Now, we can learn a lesson from Can- and adopting a balanced budget that did not these are their words. ‘‘And the fra- ada because the promises that were spend one dime of Social SecurityÐthe first ternal relations and cooperation with made have not been kept. Far from it. balanced budget in over 30 years that did not the Soviet Union and other socialist Before I elaborate on why I believe it is raid Social Security. communist countries.’’ a mistake for this country to go down Let's eliminate the marriage tax penalty and Absolute adherence to Marxism is the same road, I wish to point out that do it now! the crux of the educational system in we have several candidates who are f Cuba. Article 8, for example, under- running for president on a national ELIAN GONZALEZ AND WHAT scores that, ‘‘Society and the State health care program much like Can- AWAITS HIM IN CUBA work for the efficient protection of ada’s. Of course, they talk about it dif- The SPEAKER pro tempore. Under youth against all influences contrary ferently, but basically they want to the Speaker’s announced policy of Jan- to their communism formation.’’ have the same health care plan that uary 19, 1999, the gentlewoman from The regime equates Karl Marx with Canada has, even though the Canadians Florida (Ms. ROS-LEHTINEN) is recog- Cuban independence hero Jose Marti to are swarming across the border because nized during morning hour debates for mask the content of Article 14 of the the waiting lines are so long in their 5 minutes. Code, albeit unsuccessfully. Article 14 country. Ms. ROS-LEHTINEN. Mr. Speaker, condones and advocates child labor as National health care often results in the case of Elian Gonzalez cannot be it dictates: ‘‘The combination of study the rationing of health care itself. In viewed through a prism of normalcy or and work . . . is one of the fundamen- his State of the Union address, the merely by our views regarding the pri- tals on which revolutionary education President outlined several new health macy of family and the rights of par- is based. The principle is to be applied care spending initiatives that would ents, because Castro’s Cuba is not the from infancy.’’ cost the taxpayers at least $150 billion. United States. The totalitarian com- In this manner, Cuba’s youth ‘‘ac- What troubles me about this is that munist dictatorship in power since 1959 quire proper labor habits and other as- the President’s health care plan looks is not a Democratic government. The pects of the communist personality are a lot like the plan they proposed sev- regime treats children, by law, as polit- developed.’’ The supremacy of Marxism eral years ago. That plan would have ical raw material to be manipulated is irrefutable as evident in Article 33: put the Federal Government in charge and exploited by the State. ‘‘The State bestows particular atten- of our entire health care delivery sys- Children are forced from infancy to tion to the teachings of Marxism-Len- tem. prepare for the defense of the country inism for its importance in the ideolog- b 0945 and its regime. Parents who follow ical formation and political culture of their conscience and try to shape their young students.’’ And, as we remember, this was children’s values and education are Is this the totalitarian society, where soundly defeated by the electorate. considered enemies of the State and the communist party and the State By rejecting the Clinton administra- are arrested or persecuted. dictates the education, the upbringing tion’s Health Security Act, the Amer- Those parents whose love for their of every child, is this what our Justice ican people sent us a message. That children supersedes any individual con- Department, our INS and the National message was that they did not want cern for their safety are punished by Council of Churches seek to send young government-run health care. Countries the Castro regime, punished for vio- Elian Gonzalez back to? What a trav- such as Great Britain and Sweden are lating Castro’s laws. Laws such as the esty. now moving toward privatizing their Code of the Child and Youth estab- Mr. Speaker, I commend to our col- health care system because it has re- lished by Law Number 16 published on leagues an article published this week sulted in rationing of health care bene- June 30, 1978. in the Wall Street Journal by James fits. This law reiterates the requirement Taranto called ‘‘Havana’s Hostages’’ Let us review the promises that were that the young generations must par- which talks about a case of a congres- made and the reality of Canada’s ticipate in the ‘‘construction of social- sional constituent in my district, Jose health care system. The Canadian gov- ism,’’ and that ‘‘the communist ideo- Cohen, who has three of his children, ernment promised they would provide logical formation of children and Yamila, Isaac and Yanelis, along with universal coverage. However, two prov- youth’’ must take place ‘‘through a co- his wife back in Cuba, even though inces, British Columbia and Alberta, herent system . . . in which the Cuban they have U.S. exit visas and have been require that premiums are paid. And, if Communist Party assumes the pivotal approved for many, many years and they are not, then the individual is not role of vanguard and protector of Marx- Castro will not allow them to come to covered. In other provinces residents ist-Leninism.’’ Those are the exact the United States. This story, Mr. must register to be eligible for cov- words. Taranto points out, shows how little erage. Studies show that in 1997

VerDate 27-JAN-2000 01:43 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.006 pfrm02 PsN: H01PT1 H94 CONGRESSIONAL RECORD — HOUSE February 1, 2000 through 1998 approximately 170,000 peo- time an ambulance arrived in the subzero At the same time, demands on Canada’s ple in British Columbia alone, that rep- weather, and a drug addict who started health system grow every year. Within 30 resents 4.2 percent of the population, shouting at 2:30 a.m., ‘‘Untie me, untie me.’’ years, the population over 65 is expected to But as nurses hurried by on Friday morn- double, to 25 percent. were not covered. ing, no one though it remarkable that Ms. Unable to meet the demand, hospitals now In touting its national health care Boucher, a 58-year-old grandmother awaiting have operation waiting lists stretching for plan, the Canadian government also open heart surgery, had spent a rough night months or longer—five years in the case of promised portability. If I might inter- on a gurney in an emergency room hallway. Ms. Boucher. ject here, we enacted legislation to ad- After all, other hallways of this 3-year-old As a result, Canada has moved informally dress the portability issue in 1996 here hospital were lined with 66 other patients to a two-tier, public-private system. Al- in Congress. Now, suppose a resident of lying quietly on temporary beds. though private practice is limited to dentists To explain overflowing hospitals here and and veterinarians, 90 percent of Canadians Quebec became ill in another province. across the nation, Canadian health officials live within 100 miles of the United States, They must pay out of pocket for their are blaming the annual winter flu epidemic. and many people are crossing the border for health care services. Quebec will reim- But, at the mention of flu, Daniel Brochu, private care. burse for those services, but will only the veteran head nurse here, gave a smirk Last summer, as waiting lists for chemo- reimburse them for what that service and ran his pen down the patient list today: therapy treatments for breast and prostate will cost in Quebec. Does that sound ‘‘Heart problem, infection problem, hyper- cancer stretched to four months, Montreal tension, dialysis, brain tumor, two cerebral doctors started to send patients 45 minutes like something we have heard before or hemorrhages.’’ On Thursday, he said, crowd- down the highway to Champlain Valley Phy- something that we would like to have? ing was so bad that he was able to admit one sicians’ Hospital in Plattsburgh, NY. There, The next promise was that it would patient only after the ambulance crew scores have undergone radiation treatment, be a comprehensive program. Let us agreed to leave its stretcher. some being treated by bilingual doctors who take a closer look. Each province de- When Canada’s state-run health system left Montreal. fines the services that are medically was in its first bloom, in the 1970’s, Ameri- Business has been so good that the Platts- necessary and then only pays for those cans regularly trooped up here on inspection burgh hospital, which was on the verge of tours, attracted by Canada’s promise of uni- closing its cancer unit, has invested half a services. An interesting twist on this is versal ‘‘free’’ health care. Today, however, million dollars in new equipment. And on the that pharmaceutical and many surgical few Canadians would recommend their sys- Quebec side, the program has allowed health procedures are, for the most part, not tem as a model for export. authorities to boast that they have cut the covered for individuals under the age of Improving health care should be the fed- list of cancer patients who have to wait two 65, and only provide partial coverage eral government’s top priority, said 93 per- months or more, to 368 today from 516 last for those above 65. Still not convinced? cent of 3,000 Canadians interviewed last summer. month by Ekos Research Associates. In an- In Toronto, waiting lists have become so The last promise made was that na- other poll last month, conducted by Pollara, long at the Princess Margaret Hospital, the tional health care would be accessible. 74 percent of respondents supported the idea nation’s largest and most prestigious cancer Since the government has had dif- of user fees, which have been outlawed since hospital, that hospital lawyers drew up a ficulty in funding this program, it has 1984. waiver last week for patients to sign, show- resulted in rationing of services. I ‘‘There is not a day when the newspapers ing that they fully understood the danger of would like to share with my colleagues do not talk of the health crisis,’’ said Pierre delaying radiation treatment. some excerpts from an article that ap- Gauthier, president of the Federation of Spe- With the chemotherapy waiting list in cialist Doctors of Quebec.´ ´ ‘‘It has become the British Columbia at 670 people, hospitals in peared in The New York Times on Jan- No. 1 problem for Quebecois and for Cana- Washington have started marketing their uary 16 of this year. It was aptly titled dians.’’ services to Canadians in Vancouver, a 45- ‘‘Full Hospitals Make Canadians Wait In Toronto, Canada’s largest city, over- minute drive. and Look South.’’ The article led by re- crowding prompted emergency rooms in 23 of A two-tier system is also being used for citing an incident involving a Ms. Bou- the city’s 25 hospitals to turn away ambu- other kinds of operations. cher at a hospital in Montreal. She ate lances one day last week. Two weeks ago, in ‘‘I would like to buy mother a plastic hip what one newspaper later called an ‘‘omi- for Christmas, so she doesn’t have to limp breakfast on a stretcher in a hall under nous foreshadowing,’’ police officers shot to through the year 2000 in excruciating pain,’’ a note on the wall that marked her pa- death a distraught father who had taken a Margaret Wente, a newspaper columnist for tient spot. Sixty-six other patients doctor hostage in a Toronto emergency room The Globe and Mail in Toronto, wrote last without rooms also waited in that cor- in an attempt to speed treatment for his sick month. ‘‘I could just drive her to Cleveland, ridor. baby. which is fast becoming the de facto hip-re- Mr. Speaker, I do not think this is Further west, in Winnipeg, ‘‘hallway medi- placement capital of Southern Ontario.’’ what the American people want. An- cine’’ has become so routine that hallway Allan Rock, Canada’s health minister, dis- other very telling example is in On- stretcher locations have permanent num- approves of such attitudes. In an essay in the bers. Patients recuperate more slowly in the same newspaper, he wrote sarcastically: tario, Canada, Canada’s wealthiest drafty, noisy hallways, doctors report. ‘‘Forget about equal access. Let people buy province. The waiting list for a mag- On the Pacific Coast, ambulances filled their way to the front of the line.’’ netic resonance imaging test is so long with ill patients have repeatedly stacked up In defense of Canada’s state health system, that one man recently reserved a test this winter in the parking lot of Vancouver he wrote, ‘‘Its social equity reflects our Ca- for himself at a private animal hospital General Hospital. Maureen Whyte, a hospital nadian values.’’ Mr. Rock, who hopes to be- that had this type of machine. He reg- vice president, estimates that 20 percent of come prime minister one day, said that istered under the name of Fido. This is heart attack patients who should have treat- health delivery could be improved through ment within 15 minutes now wait an hour or better, computerized planning. He attacked a not a joke, and it certainly is not more. proposal in Alberta to allow private hos- meant to be funny. It just illustrates The shortage is a case of supply not keep- pitals, warning readers, ‘‘The precedent may how bad the Canadian health care sys- ing up with demand. During the 1990’s, after be set for American for-profit health-care tem is now that it is being run by the government deficits ballooned, partly be- providers looking to set up shop in Canada.’’ government. cause of rising health costs, the government But the idea that there may be room in There are countless examples given in Ottawa cut revenue-sharing payments to Canada’s future for private medicine is gain- in this feature story, and I ask my col- provinces—by half, by some accounts. Today, ing ground. the federal budget is balanced, but 7 hos- ‘‘We have no significant crises in care for leagues to review it. Mr. Speaker, I will pitals in Montreal have been closed, and 44 our teeth or our animals, largely because ask the article to be made part of the hospitals in Ontario have been closed or dentists and veterinarians operate in the pri- RECORD. merged. vate sector,’’ Michael Bliss, a medical histo- [From the New York Times, Jan. 16, 2000] Ottawa also largely closed the door to the rian, wrote on Wednesday in The National immigration of foreign doctors and cut the Post, a conservative newspaper. ‘‘So we have FULL HOSPITALS MAKE CANADIANS WAIT AND number of spaces in Canadian medical the absurdity in Canada that you can get LOOK SOUTH schools by 20 percent. Today, Canada has one faster care for your gum disease than your (By James Brooke) medical school slot for every 20,000 people, cancer, and probably more attentive care for MONTREAL, JAN, 15.—Dressed in her orchid compared with one for 13,000 in the United your dog than your grandmother.’’ pink bathrobe and blue velour slippers, States and Britain. In Ontario, Canada’s wealthiest province, Edouardine Boucher perched on her bed at With a buyout program, Quebec induced the waiting list for magnetic resonance im- Notre Dame Hospital here on Friday and re- 3,600 nurses and 1,200 doctors to take early aging tests is so long that one man recently counted the story of her night: electric doors retirement. And across the nation, 6,000 reserved a session for himself at a private constantly opening and closing by her feet, nurses and at least 1,000 doctors have moved animal hospital that had a machine. He reg- cold drafts blowing across her head each to the United States in recent years. istered under the name Fido.

VerDate 27-JAN-2000 01:43 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.006 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H95 To Ms. Boucher, who jealously guarded her at least going to have a balanced budget with- love, and may we take those gifts and 15 square feet of corridor space today, such out using the Social Security surplus. That is express them in our daily life with cocktail circuit anecdotes were not amusing. the good news. We have turned the corner. deeds of justice to all members of the Glumly eating her cold breakfast toast, she human family. said, ‘‘It scares us to get sick.’’ We have started slowing down the growth of government. This is our earnest prayer. Amen. f Here is the bad news. The total public debt f PAYING DOWN THE DEBT is continuing to increase. There are 112 trust funds that the government has. In most of THE JOURNAL The SPEAKER pro tempore (Mr. those trust funds we overtax or have higher COOKSEY). Under the Speaker’s an- The SPEAKER pro tempore. The fees so that there is more money coming into nounced policy of January 19, 1999, the Chair has examined the Journal of the those trust funds than is needed to pay out gentleman from Michigan (Mr. SMITH) last day’s proceedings and announces the particular benefits or expenses in any one is recognized during morning hour de- to the House his approval thereof. particular year right now. So what do we do bates for 5 minutes. Pursuant to clause 1, rule I, the Jour- with that extra money? What government has Mr. SMITH of Michigan. Mr. Speaker, I rise nal stands approved. done and continues to do with that extra f today to suggest that today is an important money is to spend it for other government pro- day up in the New England States. We are grams and write out an IOU to those trust PLEDGE OF ALLEGIANCE looking at the presidential candidates speaking funds. The biggest trust fund is Social Secu- The SPEAKER pro tempore. Will the before many listening groups, trying to ex- rity. We are looking at a surplus, or what is gentleman from Washington (Mr. INS- press what the best course for our future is really overtaxation of the payroll tax, to bring going to be. I hope the American people un- LEE) come forward and lead the House in approximately $153 billion more than what in the Pledge of Allegiance. derstand, Mr. Speaker, the consequences of is needed to pay Social Security benefits this fiscal irresponsibility in the United States Gov- Mr. INSLEE led the Pledge of Alle- year. giance as follows: ernment. The other big trust fund, of course, is the I pledge allegiance to the Flag of the I bring this chart to demonstrate that we are Medicare, civil service pension, military retire- approaching a fiscal challenge trying to make United States of America, and to the Repub- ment and other trust funds. These 112 other lic for which it stands, one nation under God, the decision whether we will start paying down trust funds will bring in an extra $60 billion. So the federal debt or simply continue to spend indivisible, with liberty and justice for all. we are using all that extra money and spend- f more. The national debt of the United States, ing it for other programs and writing an IOU. which is the debt subject to the debt limit con- So what does government do when those PRIVATE CALENDAR tinues to increase. Right now Congress has trust funds start needing more money than is passed a budget for this year demanding we The SPEAKER pro tempore. This is coming in from those taxes? We do one of Private Calendar day. The Clerk will not borrow more money from Social Security three things: first, we cut out other spending. and spend it on other programs. That's good! call the first individual bill on the Pri- That is pretty unlikely. We have never been vate Calendar. However, we still won't have a real balanced able to do that. We have continued to expand budget because we are spending $70 billion the size of government. Second, we increase f borrowed from the other 112 trust funds. Right taxes. And we have done that all the time. Or BELINDA MCGREGOR now our public debt as defined in law is $5.72 we increase borrowing and of course Wash- trillion. If we stick to the budget caps that we ington has been doing a lot of that. The Clerk called the Senate Bill (S. set in 1997, by 2002 we could have a real bal- I say let us be honest with the American 452) for the relief of Belinda McGregor. anced budget that does not use the surplus people. Let us hold the line on spending and Mr. SENSENBRENNER. Mr. Speak- from any of the trust funds. We would start let us really start paying down this debt. Thank er, I ask unanimous consent that the paying down the total public debt. you. Senate bill be passed over without prej- Wait a minute, you say, I heard on T.V. that udice. f we already have a balanced budget and that The SPEAKER pro tempore. Is there Washington is paying off the public debt, and RECESS objection to the request of the gen- we can do that in 12 or 13 or 15 years. That The SPEAKER pro tempore. Pursu- tleman from Wisconsin? is not correct. It is dangerous ground because ant to clause 12 of rule I, the Chair de- There was no objection. there is a certain degree of dishonesty that is clares the House in recess until 11 a.m. f going on, trying to tell the American people Accordingly (at 9 o’clock and 55 min- RICHARD W. SCHAFFERT that we are paying down the public debt when utes a.m.), the House stood in recess we are not. There is a certain amount of hood- until 11 a.m. The Clerk called the bill (H.R. 1023) winking in suggesting that we really have a f for the relief of Richard W. Schaffert. balanced budget when we do not. It seems There being no objection, the Clerk reasonable that we could define a balanced b 1100 read the bill as follows: budget as a budget when the total public debt H.R. 1023 does not continue to increase. AFTER RECESS The recess having expired, the House Be it enacted by the Senate and House of Rep- Let me suggest that during the good times resentatives of the United States of America in it is reasonable to start having a rainy day was called to order by the Speaker pro Congress assembled, tempore (Mr. LAHOOD) at 11 a.m. fund. But a rainy day fund for a government SECTION 1. WAIVER OF TIME LIMITATIONS. that now owes $5.72 trillion is starting to pay f (a) IN GENERAL.—The limitations set forth down that debt. I am a farmer from Michigan. PRAYER in sections 6511 and 6514(a) of the Internal We have always felt that one of our goals Revenue Code of 1986 (relating to period of would be to try to pay off the mortgage or at The Chaplain, Rev. James David limitation on filing claim and on allowance least pay down the mortgage so there is a Ford, D.D., offered the following pray- of credits or refunds for tax overpayment) smaller debt load when we pass that farm on er: shall not apply to a claim filed by Richard to our kids. But here at the Federal Govern- Of all the good gifts that come our W. Schaffert of Lincoln, Nebraska, for credit way and with all the good spirit that or refund of an overpayment of the indi- ment level we are doing just the opposite. We vidual Federal income tax Richard W. continue to increase that debt load that future flows from above, we cherish the bless- Schaffert paid for the taxable year 1983. generations are going to have to pay off one ings of thanksgiving and praise. O gra- (b) DEADLINE.—Subsection (a) shall apply way or the other. cious God, from whom all blessings only if Richard W. Schaffert submits a claim Allow me to review the last several years of flow, teach us to remember that spirit pursuant to such subsection within the 1- the federal budget. When Republicans took that truly marks us as human, the year period beginning on the date of the en- the majority in 1995, there was a deficit, or spirit of thankfulness, of appreciation actment of this Act. overspending, every year between $200 billion and of celebration. And in that spirit of The bill was ordered to be engrossed to $300 billion. exaltation, we express our thanks to and read a third time, was read the Well, the good news is we have come a You, O God, for all the gifts we have re- third time, and passed, and a motion to long ways. This year, for the first time, we are ceived, the gifts of faith and hope and reconsider was laid on the table.

VerDate 27-JAN-2000 01:43 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.002 pfrm02 PsN: H01PT1 H96 CONGRESSIONAL RECORD — HOUSE February 1, 2000 The SPEAKER pro tempore. This That is the reform the supposedly pro- PASS MEANINGFUL MARRIAGE concludes the call of the Private Cal- family anti-bureaucracy Republican TAX RELIEF endar. leadership has been stalling for years. (Mr. BALLENGER asked and was f Mr. Speaker, the time for Republican given permission to address the House stalling is over. The time to act is now. PLAYING WITH BLOCKS for 1 minute and to revise and extend Let us vote for the motion to instruct his remarks.) (Mr. GIBBONS asked and was given conferees later today and move the Pa- Mr. BALLENGER. Mr. Speaker, it is permission to address the House for 1 tients’ Bill of Rights to the President’s good to hear that the President is join- minute and to revise and extend his re- desk. ing our tax relief debate. Just last year marks.) the President vetoed our marriage tax Mr. GIBBONS. Mr. Speaker, ensuring f relief plan. This year he thinks our that our children have the best possible idea is so great he has come up with his education should be a priority for all of REPEAL THE MARRIAGE TAX own proposal. us. However, we need to ensure that PENALTY Unfortunately, his plan misses the our education dollars fund programs (Mr. PITTS asked and was given per- mark. The President’s plan would only that are actually and truly educating mission to address the House for 1 affect a fraction of the 28 million cou- our children. minute and to revise and extend his re- ples helped by the Republican plan and Awhile back I read an article detail- marks.) would only save couples a meager $210 ing programs endorsed by the U.S. De- Mr. PITTS. Mr. Speaker, the family a year. Come on, Mr. President. The partment of Education which encour- is the fundamental building block of American people deserve better. On the aged teaching middle school students society. Our Tax Code for too long has other hand, the Republican plan would to play with blocks and use calcula- punished Americans for getting mar- have provided married couples up to tors, rather than teach them basic ried. This year, 28 million American $1,400 in tax relief. math skills. These useless programs couples will be penalized an average of Mr. Speaker, in the next few weeks have prompted over 200 scholars re- $1,400, simply for committing their the House will consider a marriage tax cently to take out a full page ad in the lives to each other. fix even better than our proposal last Washington Post denouncing the pro- It is past time to repeal the marriage year. I urge the President to join us grams and calling for Secretary Riley tax penalty. In America, our tax policy this year to pass meaningful marriage to stop endorsing them. But yet pro- should encourage family formation, tax relief. American couples deserve it, grams like these still exist and are still not discourage it. and it is the fair thing to do. funded with the tax dollars of hard- Mr. Speaker, we need to eliminate working Americans. f the marriage tax penalty for all mar- Our children deserve more. They de- ried couples, not just some. If the mar- WAL-MART WIPING THEIR ASSETS serve educational programs that will riage tax penalty is bad policy, it is WITH OLD GLORY actually prepare them for the 21st cen- bad policy for everyone. I urge this tury. This year, let us make a commit- (Mr. TRAFICANT asked and was body to completely repeal the marriage ment to our children. Let us raise test given permission to address the House tax penalty and honor all American scores, but let us do it by supporting for 1 minute and to revise and extend marriages, not just some. real education, not by lowering our his remarks.) Mr. TRAFICANT. Mr. Speaker, so standards. f Mr. Speaker, I yield back all the much for Wal-Mart’s big buy-American dumbed-down education programs that promotion. Since 1985, Wal-Mart SAFE PIPELINES ACT OF 2000 have failed to teach our children. bought 4 tons of Chinese shoes. Mean- f (Mr. INSLEE asked and was given while, 240 American shoe factories shut permission to address the House for 1 down and 30,000 American workers lost THE TIME TO ACT IS NOW minute and to revise and extend his re- their jobs. If that is not enough to bust (Mr. MENENDEZ asked and was marks.) your bunions, Wal-Mart imports 18,000 given permission to address the House Mr. INSLEE. Mr. Speaker, on June tons of goods and products from China for 1 minute and to revise and extend 10th, last summer, a gasoline pipeline each year. his remarks.) in Bellingham, Washington, ruptured, Think about it. While American sol- Mr. MENENDEZ. Mr. Speaker, the spilled hundreds of thousands of gal- diers literally died shouting ‘‘better Republican leadership likes to com- lons of gasoline and ignited, and a huge dead than red,’’ Wal-Mart has allowed plain about bureaucracy, but when it fireball took the lives of two young China to wipe their assets with Old comes time to do something about it, boys and one young man. We now have Glory. something their special-interest huge holes in our safety system of pipe- I yield back the fact that Wal-Mart friends oppose, they are remarkably si- lines in this country, and we need to now owns, owns and sells 14 brands of lent, because on this very day, as we act to plug those holes. shoes, and they are all made in China. speak, families across our country are Accordingly, yesterday the gen- Beam me up. being forced to wade through a seem- tleman from Washington (Mr. f ingly endless bureaucracy, a mountain METCALF), the gentleman from Wash- of paperwork, simply to get the care, ington (Mr. SMITH), the gentlewoman ENDING ACRIMONY AND BITTER- the health care, they or their children from Washington (Ms. DUNN), and my- NESS ON THE HOUSE FLOOR need and deserve. self introduced the Safe Pipelines Act (Mr. FOLEY asked and was given per- It does not need to be that com- of 2000. This act will include a couple of mission to address the House for 1 plicated. If your child has fallen and common sense measures. It is common minute and to revise and extend his re- hit his head, you should not have to sense to require periodic regular in- marks.) call an insurance bureaucrat to see if spection of these lines, it is common Mr. FOLEY. Mr. Speaker, let me ask you can go to an emergency room and sense to require reporting of spills, and my colleagues on both sides of the you should not have to get authoriza- it is common sense to allow States to aisle, if they will, to be a little patient. tion before taking your child in. You move forward to have more rigorous We are already hearing some ‘‘foot should be free to have only one thing safety standards in our neighborhoods. dragging’’ commentary on health care. on your mind, and that is your child’s I would urge my colleagues to join We are hearing a lot of innuendos that safety. me in supporting this bill. It is only somehow the Republicans are not get- That is what the Patients’ Protec- asking these companies to act as a ting to work. We just started. tion Act ensures. It puts health care good neighbor when these pipelines run But I will tell you some of the things first and bureaucracy last. That is next to our back doors, to make sure we did do last year. Paid down the what we Democrats and some conscien- they are safe. Let us require them to be debt, over $151 billion; paid do you tious Republicans are fighting for. good neighbors and pass this bill. know what we owe the taxpayers of the

VerDate 27-JAN-2000 02:53 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.009 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H97 United States of America. Now we are the anniversary of the longest eco- Ms. DELAURO. Mr. Speaker, 4 going do have a chance for marriage nomic expansion in our Nation’s his- months ago we passed a bipartisan Pa- penalty elimination. Talk about sen- tory. I am glad that he used the plural tients’ Bill of Rights. This is a monu- sible tax relief for all taxpayers. ‘‘we’’ in describing the fact that we mental piece of legislation to reform So let us not start the rhetoric of have encouraged policies which have HMOs. It provides basic rights of care this new year and this new millennium allowed the American people to bring for all Americans. It ensures that we with accusations of foot dragging and about this economic expansion. are able to choose our own doctors; partisanship. I implore the other side The real challenge is are we going to that we have access to the nearest of the aisle to be calm, to be rational, continue to do everything that we can emergency room; that we have a spe- and to be deliberate as we debate the to pursue those shared goals of main- cialist when we need one, if we need very important issues confronting the taining a balanced budget, reducing the one for our health; and, yes, indeed, to American people. But if we are going to tax burden on working Americans, en- hold HMOs accountable for the medical start with these types of one minutes couraging global trade, which is very, decisions that they are making every of accusation, innuendo and character very key, making sure that we con- single day. assassination, then I think the year tinue to reform welfare, and encourage Unfortunately, the GOP leadership will start off just as it ended last year, work and productivity. I think we have continues to stall this legislation. I with acrimony and bitterness. a chance to do that. call upon the Republican leadership to Let us start for the American people HMO reform, I would say to my stop their delay tactics, pass meaning- a better way on this floor by proving friend from Texas, is among those pri- ful HMO reform. This is a bipartisan we can legislate and not sit here and orities. Congress adjourned before bill; we have broad support amongst constantly belittle the other side of the Thanksgiving. It is true that in the the rank and file Members. We must aisle. last couple of months we have not been act to give 160 million Americans ac- f working on it, but we are committed to cess to health care in this country. We moving ahead with that legislation owe it to the American people to enact GETTING SERIOUS ABOUT REAL just as quickly as we possibly can. I am this legislation and to enact these re- HMO REFORM glad that we are working together. forms now. (Mr. GREEN of Texas asked and was f given permission to address the House f for 1 minute and to revise and extend ENSURING STRONGEST POSSIBLE his remarks.) PATIENT PROTECTIONS IN HMO Mr. GREEN of Texas. Mr. Speaker, I REFORM PATIENTS’ BILL OF RIGHTS follow my colleague from Florida in (Mr. WYNN asked and was given per- (Ms. SCHAKOWSKY asked and was saying that I agree that we should mission to address the House for 1 given permission to address the House work together. In fact, last year this minute and to revise and extend his re- for 1 minute and to revise and extend House passed and worked very hard on marks.) her remarks.) a bipartisan Norwood-Dingell bill, on Mr. WYNN. Mr. Speaker, this year Ms. SCHAKOWSKY. Mr. Speaker, managed care reform, but we have not Congress can begin to address one of now is the time for a real Patients’ Bill seen any action in months. America’s most pressing problems, re- of Rights; and today is the day that we We should stop the delay in managed forming managed care. But HMO re- should instruct the conferees to move care reform. We do not need gimmicks form will be meaningless if we do not quickly to pass a strong bill. or watered down proposals that wind have a real Patients’ Bill of Rights I have a letter from constituents. up doing nothing for patients. with teeth. Dear Representative Schakowsky: We beg In my home State of Texas, we Last year we got the process started. you to please do everything you possibly can passed these protections in 1997 in- We passed the bipartisan Dingell-Nor- to support a Patients’ Bill of Rights for cluded in the Norwood-Dingell bill, and wood bill, which has real teeth in it. those of us who find ourselves in the merry- there have been no massive premium go-round of dealing with HMOs and reluctant What do we need to do now? First, we insurance company benefit providers. It has increases or mass filing of lawsuits need to get started. There has been too that are used against the bill. What gotten to the point of being ridiculous when much delay. Let us convene the con- patients are subjected to mental torture by Texas residents do have is elimination ference committee. Second, we need to these big companies. of gag clauses, open access to special- insist on the part of the House that we This certainly cannot be what our Found- ists, timely appeals processes, coverage include the tough standards that give ing Fathers had in mind. Ultimately, we for emergency care and holding the patients the right to sue, that require have only one means of relief, the United medical decision maker accountable. utilization review, that require inde- States Congress. I understand the big pro- We do not need any more delays. We pendent appeals processes and that en- viders have lobbyists, with deep pockets, need to act this year on a bipartisan fighting any legislation that would force able constituents to have an expla- them to be more fair and of understanding basis and pass this bill. Hopefully, the nation in writing of why they were de- conference committee will at last meet their responsibilities to their customers, but nied care. this cannot be allowed to interfere with what after all these months and pass real When people are denied care by we all know to be basically right and wrong. HMO reform, and today we will have HMOs, they are harmed. When HMOs This is what the average American cannot that opportunity with the motion to harm citizens, they have to be held ac- understand. Why cannot Congress just do instruct the conference committee. We countable. The way to hold them ac- what is right for the people whose well-being need HMO reform now. countable is to insist that our legisla- has been entrusted to them? f tion includes the tough standards that It has been entrusted to us. This is CONTINUING THE RECORD U.S. the House passed last year. We can do the day that we can act to say move ECONOMIC EXPANSION it together. I certainly believe this quickly, move now. ought to be one of our first orders of (Mr. DREIER asked and was given business as we begin the new year. I f permission to address the House for 1 think if we do that we can make real minute and to revise and extend his re- progress for the American people. marks.) PATIENTS’ BILL OF RIGHTS Mr. DREIER. Mr. Speaker, it is gen- f (Mr. GEJDENSON asked and was erally known that success has 1,000 fa- b 1115 given permission to address the House thers and defeat is an orphan. I would for 1 minute and to revise and extend like to stand here and go one step fur- PATIENTS’ BILL OF RIGHTS his remarks.) ther and compliment the President, for (Ms. DELAURO asked and was given Mr. GEJDENSON. Mr. Speaker, it is in his State of the Union he used the permission to address the House for 1 time for the conferees to move forward plural ‘‘we’’ in describing the fact that minute and to revise and extend her re- with a patients’ bill of rights. The lead- as we mark this February 1, 2000, it is marks.) ership of this Chamber, which has

VerDate 27-JAN-2000 03:48 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.039 pfrm02 PsN: H01PT1 H98 CONGRESSIONAL RECORD — HOUSE February 1, 2000 blocked the legislation for years now, people in this city. We still need a cou- Whereas Catholic schools provide more has to recognize that the American ple hundred thousand more. And I am than $17,200,000,000 a year in savings to the people are rightly demanding that going to be coming to talk about that Nation based on the average public school their elected leaders give them a fair with bills this term, but I want to say per pupil cost; Whereas Catholic schools teach a diverse chance at getting decent health care. for the people who live in this city that group of students and over 25 percent of There are 47-some million Americans we are very pleased that Congress is school children enrolled in Catholic schools without health care. That is a tragedy back. are minorities; and an embarrassment for this great I want Members to know that if they Whereas the graduation rate of Catholic Nation, but the fact the people who pay have a problem, and inevitably even school students is 95 percent, only 3 percent their premiums and expect to get care with a government in good working of Catholic high school students drop out of when they are ill, or their loved ones order there will be problems, I hope school, and 83 percent of Catholic high are in danger, end up fighting the bu- they will come to their Congresswoman school graduates go on to college; Whereas Catholic schools produce students reaucracy of these large corporations while they are away from their dis- strongly dedicated to their faith, values, with their hands tied behind them and tricts, because that turns out to be me. families, and communities by providing an virtually no rights, which is an out- I will be sending a letter to Members intellectually stimulating environment rich rage. about how to do that and how they can in spiritual, character, and moral develop- This House and the Senate need to maneuver their way through problems ment; and come together and pass a real bill that with the District government. Again, Whereas in the 1972 pastoral message con- gives citizens the right to protect welcome home. cerning Catholic education, the National Conference of Catholic Bishops stated, ‘‘Edu- themselves in these medical emer- f cation is one of the most important ways by gencies. COMMUNICATION FROM RICHARD which the Church fulfills its commitment to f A. GEPHARDT, DEMOCRATIC the dignity of the person and building of PATIENTS’ BILL OF RIGHTS LEADER community. Community is central to edu- ´ cation ministry, both as a necessary condi- (Mr. ROMERO-BARCELO asked and The SPEAKER pro tempore (Mr. tion and an ardently desired goal. The edu- was given permission to address the LAHOOD) laid before the House the fol- cational efforts of the Church, therefore, House for 1 minute and to revise and lowing communication from RICHARD must be directed to forming persons-in-com- extend his remarks.) ´ A. GEPHARDT, Democratic Leader: munity; for the education of the individual Christian is important not only to his soli- Mr. ROMERO-BARCELO. Mr. Speak- HOUSE OF REPRESENTATIVES, tary destiny, but also the destinies of the er, I rise this morning with a hopeful OFFICE OF THE DEMOCRATIC LEADER, many communities in which he lives’’: Now, Washington, DC, February 1, 2000. heart. We return to Congress at the therefore, be it Hon. J. DENNIS HASTERT, dawn of the millennium, and we face Resolved, That the House of Represen- Speaker of the House, House of Representatives, many challenges and opportunities. I tatives— Washington, DC. wish to remind our colleagues that dur- (1) supports the goals of Catholic Schools DEAR MR. SPEAKER: Pursuant to Section Week, an event sponsored by the National ing the last session, the House ap- 602(b) of the Intelligence Authorization Act Catholic Educational Association and the proved legislation that greatly impacts for Fiscal Year 2000 (Public Law 106–120), I United States Catholic Conference and es- Americans and assures their access to hereby appoint the following member to the tablished to recognize the vital contribu- health care, but today, 4 months after National Commission for the Review of the tions of America’s thousands of Catholic ele- National Reconnaissance Office: the Patients’ Bill of Rights was ap- mentary and secondary schools; and proved, we are still waiting for action. Mr. Dicks, WA. Yours very truly, (2) congratulates Catholic schools, stu- We cannot allow any more delays dents, parents, and teachers across the Na- RICHARD A. GEPHARDT. that place the health of Americans at tion for their ongoing contributions to edu- risk. Millions of American families suf- f cation, and for the key role they play in pro- fer from managed care decisions made ANNOUNCEMENT BY THE SPEAKER moting and ensuring a brighter, stronger fu- by HMO bureaucrats that are based on PRO TEMPORE ture for this Nation. The SPEAKER pro tempore. Pursu- profits and not medical need. We must The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from return medical decisions back to where ant to clause 8 of rule XX, the Chair Colorado (Mr. SCHAFFER) and the gen- they belong, to doctors and patients. announces that he will postpone fur- tleman from Michigan (Mr. KILDEE) I urge conferees to produce a strong ther proceedings today on each motion each will control 20 minutes. bill that will help families and give pa- to suspend the rules on which a re- The Chair recognizes the gentleman tients the right to make health and life corded vote or the yeas and nays are from Colorado (Mr. SCHAFFER). decisions together with their doctors ordered, or on which the vote is ob- Mr. SCHAFFER. Mr. Speaker, I yield and not subject to the decisions of in- jected to under clause 6 of rule XX. surance bureaucrats. Any recorded votes on postponed myself such time as I may consume. Mr. Speaker, America’s Catholic f questions will be taken up later. schools are internationally acclaimed f WELCOME BACK TO OUR GREAT for their academic excellence. They CITY HONORING THE CONTRIBUTIONS also provide students more than a su- (Ms. NORTON asked and was given OF CATHOLIC SCHOOLS perior scholastic education. Catholic permission to address the House for 1 Mr. SCHAFFER. Mr. Speaker, I move schools ensure a broad values-added minute and to revise and extend her re- to suspend the rules and agree to the education, emphasizing the life-long marks.) resolution (H. Res. 409) honoring the development of moral, intellectual, fis- Ms. NORTON. Mr. Speaker, I come to contributions of Catholic schools. cal, and social values in America’s the floor to welcome back Members. The Clerk read as follows: young people. The total Catholic Welcome back to the city that is still H. RES. 409 school student enrollment for 1998 and on the rise, about to report another 1999 was 2,646,844. The total number of Whereas America’s Catholic schools are surplus. Welcome back to the city that internationally acclaimed for their academic Catholic schools is 8,217, and the stu- has been substantially helped by this excellence, but provide students more than a dent/teacher ratio in those institutions Congress. Welcome back to a city superior scholastic education; is less than 17-to-1. whose improvements could be seen as Whereas Catholic schools ensure a broad, Catholic schools provide more than one comes to the House this morning values-added education emphasizing the life- $17 billion a year in savings to the Na- because the streets were, of course, long development of moral, intellectual, tion based on the average school per cleared. The city now has the funds and physical, and social values in America’s pupil cost. the wherewithal to act like a city and young people; Catholic schools teach a diverse Whereas the total Catholic school student do what cities do well. enrollment for the 1998–1999 academic year group of students and over 25 percent I am very pleased that the Congress was 2,646,844, the total number of Catholic of school children enrolled in Catholic passed my $5,000 home-buyer credit be- schools is 8,217, and the student-teacher schools are minority students. The cause that has helped us to get more ratio is less than 17 to 1; graduation rate of Catholic schools is

VerDate 27-JAN-2000 03:56 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.013 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H99 95 percent. Only 3 percent of Catholic cation powerful and makes American schools. In my hometown, Albu- high school students drop out of school education successful in its mission. querque, St. Pious High School has a and 83 percent of Catholic high school Mr. Speaker, today we are recog- graduation rate of 100 percent, and be- graduates go on to college. nizing the educational and societal tween 95 and 100 percent of those kids Catholic schools produce students contributions that Catholic schools go on to college. They do a great job. strongly dedicated to their faith, their make to our Nation. We must recognize They have impacted our history and values, their families and communities the importance and value that all parts our culture and our life, and we thank by providing an intellectually stimu- of our educational structure have in them very much for it. lating environment rich in spiritual our lives and the lives of our children. Mr. KILDEE. Mr. Speaker, I yield 3 character and moral development. Mr. Speaker, I reserve the balance of minutes to the gentleman from Wis- In 1972, a pastoral message was my time. consin (Mr. KLECZKA). adopted by the National Conference of Mr. SCHAFFER. Mr. Speaker, I yield Mr. KLECZKA. Mr. Speaker, let me Catholic Bishops and it stated the fol- 3 minutes to the gentlewoman from thank my colleague, the gentleman lowing and I quote for the Chamber, New Mexico (Mrs. WILSON). from Michigan (Mr. KILDEE), for yield- education is one of the most important Mrs. WILSON. Mr. Speaker, I rise ing time to me. ways by which the church fulfills its today to support this resolution with Like the gentleman from Michigan, I commitment to the dignity of the per- respect to Catholic education, but to also am a product of the Catholic son and building of community. Com- also share with my colleagues some of schools, having attended St. Helen’s munity is central to education min- the history of Catholic schools in Grade School, taught by the good istry, both as a necessary condition America, and particularly Catholic Felician Sisters, and then on to high and an ardently desired goal. The edu- schools in the southwest. school, attending Don Bosco High In 1598, Juan de Onate came up the cational efforts of the church, there- School, which was taught by the Broth- Rio Grande, and he included eight fore, must be directed to forming per- ers of Mary. Francisan friars in his expedition. sons and community, for the education So, I rise to support this resolution, They reached the east bank of the Rio but I would like to further the con- of the individual Christian is impor- Grande River near its confluence with gratulatory portion of the resolution tant not only for his solitary destiny the Chama River, close to the present by including all the Catholic clergy in but also for the destinies of the many site of Espanola and established a per- the country and all the good sisters communities in which he lives. manent settlement. That is over 400 It is on that basis, Mr. Speaker, that who devoted their lives to teaching years ago, before Jamestown became young students in the Catholic schools. this resolution recognizes Catholic Jamestown and the Catholic church I extend this honor to the Catholic schools and Catholic Schools Week. was in the southwest. This is an event sponsored by the Na- The friars began teaching to the clergy, and wish that the Republican tional Catholic Education Association, pueblos and mostly other children were leadership would have done the same, which is, by the way, the largest pri- taught at home for the first 100 years when they had their chance to honor a vate organization of professional or so but in the 1800s, the Spanish gov- Catholic clergyman by selecting the teachers in the world. It is also spon- ernment, cooperating with the Catholic first choice of the bipartisan Chaplain sored by the United States Catholic church, began to establish schools in Selection Committee, a Catholic Conference and established to recog- the territory of New Mexico. In 1850, priest, Father Tim O’Brien, who was nize the vital contributions of Amer- the Bishop of Santa Fe, Juan Baptiste passed over. ica’s thousands of Catholic elementary Lame, began to expand Catholic In checking back with the Com- and secondary schools. schools in New Mexico and brought the mittee on Education and the Workforce So we here congratulate today Sisters of Loretto to Santa Fe and the and with the Catholic Conference, I am Catholic schools, their students, their Christian Brothers came shortly there- told that this is the first time the parents, teachers across the country, after to establish a school which still House of Representatives has ever for their ongoing contributions to edu- exists, Saint Mike’s. The importance of brought to the floor a resolution spe- cation and for the key role that they these institutions and the history of cifically congratulating Catholic play in promoting and ensuring a New Mexico cannot be underestimated. schools. brighter and stronger future for this Twenty percent of the people who par- I guess one could be suspicious of the Nation. ticipate in the constitutional conven- timing. Here we are in the second ses- Mr. Speaker, I reserve the balance of tion in 1910 that established the Con- sion of the Congress, and one of the my time. stitution for the State of New Mexico first items brought forward is a resolu- Mr. KILDEE. Mr. Speaker, I yield were graduates of Saint Mike’s High tion congratulating Catholic schools. myself such time as I may consume. School. This naturally will make Catholics Mr. Speaker, I rise in strong support These two institutions, the Sisters of around the country very happy. of this resolution. Mr. Speaker, today’s Loretto and the Christian Brothers However, one could ask, why is this resolution recognizes the significant began a long tradition of Catholic being done? We have had Catholic and important contributions of Catho- schools in New Mexico as they ex- School Week celebrated in this country lic schools. Mr. Speaker, I myself at- panded many more schools throughout for years and years. One could ask, is tended Catholic schools. I received a the territory. this a way that some can clear their high quality education from these It was only 1891 when New Mexico conscience? Is this resolution before us schools and have benefited greatly. started establishing a system of public because maybe it is an attempt to re- Also, children all across America have schools, and even then Catholic schools pair some of the damage done to the benefited from a Catholic education. retained their importance. Four of the Catholic vote in this country? Catholic education’s place in America first teaching certificates issued in Al- Mr. Speaker, I make a prediction. I and our educational commitment is buquerque, my home, under this new would say after the debate on this reso- strong and dynamic. public school law, were to Sisters of lution, a roll call vote will be re- Fortunately, the truly great aspect Charity. That was 300 years after the quested. And later this afternoon when of the American educational oppor- Catholic church began educating new the vote is called, my Republican col- tunity is its diversity. We have edu- Mexicans. Today there are five Catho- leagues will stream to the floor and cational systems that can provide any- lic high schools in New Mexico, 29 ele- cast an aye vote for the resolution to one in any city, in any State, with the mentary schools. To put that in con- show the entire world how pro-Catholic opportunity to succeed. This recipe for text, there are a little less than 800 they are. success certainly includes our Catholic public schools in the entire State of Mr. Speaker, I hope that same level schools, schools with other religious fo- New Mexico. of pro-Catholicism exists when the cuses, nonreligious private schools, House later this month has before it along with our great public schools. It b 1130 the appointment of a chaplain for the is this variety, Mr. Speaker, this diver- The great thing is how many kids go House of Representatives, and when we sity, that truly makes American edu- on. They graduate from Catholic high will have the opportunity at that time

VerDate 27-JAN-2000 03:56 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.017 pfrm02 PsN: H01PT1 H100 CONGRESSIONAL RECORD — HOUSE February 1, 2000 to vote on naming the first Catholic my home district makes me very overcome much of that prejudice. It is priest in the history of this country to proud. That is why I am a proud origi- a missed opportunity, and I hope that be chaplain of the United States House nal cosponsor of this legislation. it will not happen in the future. of Representatives. The Catholic schools, Mr. Speaker, Mr. SCHAFFER. Mr. Speaker, I yield Mr. SCHAFFER. Mr. Speaker, I yield are traditionally very strong academi- 3 minutes to the gentleman from Flor- myself such time as I may consume. cally, with very good curricula. They ida (Mr. WELDON). Mr. Speaker, I would respond to some have a very good parental involvement Mr. WELDON of Florida. Mr. Speak- of the comments that were made by and they have few disciplinary prob- er, I thank the gentleman for yielding the previous speaker. lems. Catholic schools, Mr. Speaker, time to me, and I rise in strong support Mr. Speaker, with respect to the tim- can often teach students not only the of this resolution. ing of this resolution, it is unfair, importance of academic achievements, I can speak on this issue from per- wholly unfair, to suggest that the but also provide them with the impor- sonal experience. I have several people Council of Catholic Bishops and the tant perspective of life that promotes on my staff who are graduates of Catholic Educators Association some- social justice and responsibility and so- Catholic schools, including several who how planned Catholic Education Week, cial service and love and respect of went through Catholic elementary this week, to correspond with the sec- one’s neighbor. Catholic schools also school, high school, and college. ond issue that the gentleman spoke of. have considerable ethnic and racial di- As well, I can also speak that my fa- It is certainly not the case. Catholic versity. ther was a graduate of Catholic Schools Week is an annual event, and We have also seen, Mr. Speaker, and schools, and my sister went to Catholic one this Congress has recognized in the I think it is very important to point school as well. My parents actually past and participated in events. I have this out, that there is about a 95 per- wanted to send myself and my two sis- been part of those myself in years past. cent graduation rate from our Catholic ters, younger sisters, to Catholic Secondly, the gentleman asked, why schools, and about 83 percent of those school, but like so many working class is this resolution being introduced? students go on to college. I think it is families, they could not afford it. This resolution was introduced because important for us to look at why this is That is why I feel so strongly that we I wanted to introduce it. As a sponsor, so. We have very many great public in this Congress should be doing every- I thought it was important. I am one schools, but we have a real pattern thing we can to enable parents, work- who represents a district where a great here in our Catholic schools. We need ing class parents, to have the ability to many of my constituents educate their to understand why this is. choose the educational environment children in Catholic schools. They are Dr. Maureen Hallanan, with the In- for their kids that they would like, a thriving institutions. They provide a stitute of Educational Initiatives at choice that unfortunately today is pri- wonderful service, not only to the chil- the University of Notre Dame, is work- marily reserved for wealthy people and dren who learn in those schools, but to ing to do precisely this. She is con- people who end up having to sacrifice a the community at large. great deal. I know my parents sac- I would submit that, from a cultural ducting a comparative analysis of pub- perspective, our Catholic schools have lic and nonpublic schools and their ef- rificed to send my sisters, and I have contributed greatly to our Nation, and fects on student achievement. This re- met many people who sacrificed a it is right and it is fitting for this Con- search will help identify the character- great deal to send their children to gress and for this body to recognize istics of those schools that successfully Catholic schools. their contributions to the country. promote student achievement, espe- Why do they do that? Children who Fortunately, most children who are cially, especially targeted for at-risk go to Catholic schools, they are much in Catholic schools today are learning students. These would be important more likely, 95 percent of them grad- and they are hopefully not observing considerations for us to better under- uate. There is a higher percentage of today’s proceedings, because how con- stand. them who get into college. As well, fusing it must be for them to observe So I hope that all my colleagues will there is a lower incidence of drug Members of their Congress confusing join me in supporting this valuable re- abuse. There are just so many amazing an issue that is about those children search and supporting this resolution. things that the Catholic schools have and ought to be focused exclusively on With respect to the comments that been able to do. those children and the great contribu- my good friend, the gentleman from What is most amazing is that they tions of their teachers and administra- Wisconsin, made, I think it is fair to actually do it with less money. They tors and those who have provided pro- bring up the situation of the Catholic have demonstrated very clearly that fessional support for those kids. That chaplain as we consider and debate and they can do a better job with less, and is what this resolution is about. That is talk about Catholic education and the that is why we in the Congress should where our focus ought to remain. importance of that Catholic education be doing everything we can to encour- I find it once again troubling and un- in America today. age Catholic education in America for fortunate that others would try to drag Mr. Speaker, I think, sadly, it was a those who would choose to send their in secondary issues, other issues that missed opportunity. I think Reverend children there. are important to the Congress that will Wright surely could and would make a Most importantly, we should be en- in due time be resolved by this Con- very good chaplain here, and I have the couraging school choice so that not gress in an appropriate setting. highest respect for him. I certainly just wealthy people can choose where Mr. Speaker, I reserve the balance of think the process probably could have they send their kids to go to school, my time. been much fairer. I think basically it is and people are not forced to make in- Mr. KILDEE. Mr. Speaker, I yield 31⁄2 a missed opportunity to be more inclu- credible sacrifices, but that every minutes to the gentleman from Indiana sive. Mr. Speaker, I think it is gen- American, working class, poor, would (Mr. ROEMER). erally a missed opportunity to be more have the ability to send their child to (Mr. ROEMER asked and was given inclusive. the school of their choice. permission to revise and extend his re- Secondly, I think we could have Yes, if we had an educational system marks.) reached out and shown the Catholic in America that was like that, I believe Mr. ROEMER. Mr. Speaker, first of community throughout the country we millions more would choose Catholic all, as a Catholic, as a product of embrace their diversity, and for the education, because Catholic education Catholic schools, including the Univer- first time in the history of this Con- has demonstrated clearly in that mar- sity of Notre Dame in my district, gress have a Catholic chaplain. ketplace that they can do more with someone educated by some of the Di- Thirdly, we have seen, through the less. They can produce kids that are ocesan, some of the Holy Cross and Je- centuries in this country in politics better equipped to go out in the world suits orders, I am very proud as an with Al Smith and John Kennedy, and be productive citizens. original cosponsor to rise in support of through the Ku Klux Klan, that we Therefore, I am extremely pleased to this resolution. have had prejudice against the Catho- be able to rise and speak in support of The success of the Catholic schools lics. This was an opportunity in this this resolution. I encourage all my col- across the country and particularly in new century to show that we have leagues to do the same.

VerDate 27-JAN-2000 02:45 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.043 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H101 Mr. KILDEE. Mr. Speaker, I yield 2 with the comments of all of the com- $1,500 annually. Eighty-two percent of minutes to the gentlewoman from Cali- ments this morning in extolling the schools have some sort of tuition as- fornia (Ms. ESHOO). virtues of Catholic education. sistance. Over 60 percent of Catholic Ms. ESHOO. Mr. Speaker, I thank the Mr. Speaker, I should say that, al- schools have a tuition scale for chil- gentleman for yielding time to me. though I am a product of public dren from other parishes or other non- Mr. Speaker, I rise today in support schools, I deeply appreciate the value Catholic children. Over 80 percent of of this resolution. I think it is a very of a Catholic education, especially in a schools have some form of tuition as- important one. Certainly the Catholic community like El Paso which services sistance that is passed on to students schools of our great Nation have predominantly 80 percent of the His- that helps those students attend and shaped and formed so many fine citi- panics in that area. achieve. zens. I want to congratulate Bishop The average per pupil cost is $2,414 I am a product of Catholic schools. I Armando Ochoa for the great job that and 87 percent of the schools receive am proud to have paid my taxes for the they are doing. In El Paso there are 13 other subsidies from within the Catho- public schools, and yet educated my schools with 4,600 students employing lic church and other Catholic endow- children at Catholic schools as well. about 300 educators. The oldest, which ments. My daughter and son-in-law today are was honored on Saturday night, is Our Based on the projected per pupil part of the faculty, high school faculty, Lady of Mount Carmel, which is cele- costs to educate a child in government- in California at a very prestigious brating its 81st year. The Father owned institutions during the most re- Catholic institution. Many of us I Yermo School is celebrating its 40th cent year that statistics are available, think have compared notes with one year in education. 1996 through 1997, it cost approxi- another talking about how the nuns I think it is important that we un- mately $6,600 across the country to shaped us, and it is them that we sa- derstand that the products of Catholic educate children. Parents of Catholic lute today. There are so many who education are serving throughout the elementary school students provided a have gone before us that we want to country in different capacities, both in gift to local, State, and Federal gov- recognize when we recognize Catholic private and public service. The super- ernments of over $15 billion on that education in the United States. intendent of the Diocese of Catholic basis when we take into account the It is really a real tribute to the Schools is Sister Elizabeth Schwartz cost of educating those children in gov- Framers of the Constitution that we and she, with some degree of regret, did ernment-owned institutions, had those have the separation of church and mention to me about the issue in terms children had government schools as State, and yet we recognize that we are of having missed an opportunity to se- their only option; the cost of those en- one Nation under God, and that there lect a Catholic for the chaplain. tities would have been paid, if all is room in this country for private edu- Mr. Speaker, I appreciate the oppor- Catholic elementary school attendees had attended those public schools. cation and religious education. tunity to speak on this important Mr. Speaker, I want to talk about the It is my understanding that this is I issue. teachers themselves. The teachers in think the very first time that the Mr. SCHAFFER. Mr. Speaker, I yield Catholic schools are largely organized House of Representatives is enter- myself such time as I may consume. Mr. Speaker, I appreciate all the under the National Catholic Edu- taining a resolution honoring Catholic cational Association. That represents schools. I am grateful for that, and I speakers today who have articulately spoken about the value and benefit of most of the U.S. Catholic elementary salute that. schools through the Department of As a Member of the House Chaplain Catholic education and the contribu- tions Catholic schools have made Education. Search Committee, I would like to also The organization is a professional or- throughout the history of our country, say that the House and its leadership ganization. As I mentioned earlier, it is right up to today and also that which have the opportunity to recognize and the largest private professional edu- we anticipate beyond. to accept by the leadership for the first cational organization in the world. There are a number of interesting time in the history of our Nation a Mr. Speaker, I reserve the balance of statistics that I would like to remind Catholic chaplain. Unfortunately, that my time. has not happened. There are questions the body about. First of all, just in Mr. KILDEE. Mr. Speaker, I yield 2 surrounding that, but we did miss a bi- terms of faith, I am Catholic and was minutes to the gentleman from Wis- partisan opportunity and the oppor- educated in a Catholic high school in consin (Mr. KLECZKA). tunity to make history. Cincinnati, Ohio, Moeller High School, Mr. KLECZKA. Mr. Speaker, I would So while we recognize Catholic and also Catholic University. It was like to respond to the gentleman from schools today, I am sorry that we have my observation while I was there that Colorado (Mr. SCHAFFER). When he was missed that opportunity. Mr. Speaker, clearly the majority of students who I speaking and basically chastising me I thank the sponsors of this important attended school with were Catholic, for introducing the entire chaplain resolution. but we had a great number of students issue, I asked him to yield for one ques- from a wide variety of different Chris- b 1045 tion. That question was: Where was tian and non-Christian faiths who at- this resolution last year? Where was Mr. SCHAFFER. Mr. Speaker, I have tended our school as well. the resolution the year before? other speakers who are intending to be Almost 11.5 percent of Catholic ele- Mr. Speaker, this is the first time here who are not here now, so I reserve mentary school students are from ever that I can find where we have had the balance of my time. other faith backgrounds throughout a resolution praising the Catholic Mr. KILDEE. Mr. Speaker, I yield 2 the country. In some inner-city schools of the country. Maybe one minutes to the gentleman from Texas schools, the majority of students are could say, and I agree, that it is about (Mr. REYES). non-Catholic. I think it speaks to the time we did so. However, we have to Mr. REYES. Mr. Speaker, I thank the mission of Catholic educators to reach know the background. gentleman from Michigan (Mr. KILDEE) out to all students and provide aca- There was a bipartisan chaplain se- for yielding me this time. demic and spiritual-based services to lection committee appointed, nine Mr. Speaker, I also rise in strong sup- all those who wish to achieve a supe- Democrats, nine Republicans, who port of this resolution this morning. It rior education in many settings went on a very exhaustive search, over is also my understanding that this is throughout the United States of Amer- 35 candidates, to choose a new chaplain the first time that such a resolution ica. of the House. After their voting was has come before the House. Mr. Speaker, it is a remarkable ac- completed, and I do not really under- I was privileged and honored to have complishment that the schools have stand the point system, but the person been at a function last Saturday night achieved, and one worth noting today. who received the highest number of where we recognized the supporters of As the gentleman from Florida men- votes for chaplain was Father Tim Catholic education for the El Paso tioned a little earlier in terms of cost, O’Brien, a Catholic priest who received area. It is important to note, and I the average tuition for children in a 14. The next received 10.5 the third re- agree and want to associate myself parish school setting is approximately ceived 9.5.

VerDate 27-JAN-2000 02:45 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.023 pfrm02 PsN: H01PT1 H102 CONGRESSIONAL RECORD — HOUSE February 1, 2000 The third one, the minister who re- I do not know if it is the first resolu- place throughout the country. Our par- ceived 9.5 points, was the one selected tion in history, Mr. Speaker. But I am ticipation here is a symbolic one, but I by the Speaker of the House and Major- glad that it has been done, because the think an important one as well to let ity Leader to be the next chaplain. We reality of the matter is that the men them know that their job is one which have not taken that issue up yet. That and women who work in the Catholic is well done, one that is critical and es- is coming up, I believe, in a couple of schools throughout the United States sential to the maintenance of our weeks. deserve our commendation and they union and the academic excellence of So some of my colleagues have indi- deserve our praise and we should go on graduates and students who are in cated that we have missed an oppor- record as expressing our appreciation school today, and that they play a tunity in the House. No, that oppor- for the work they do. critically important role in the future tunity has not come before the House. Mr. Speaker, I never cease to learn in growth and development of our Nation I think we can right the wrong of the this body, because I never thought that as a whole. leadership in passing over Father Tim this would be a controversial resolu- With that, Mr. Speaker, I ask the O’Brien, a Catholic priest. tion. I think that praising the men and committee to consider favorably this PARLIAMENTARY INQUIRY women, both the religious and the lay resolution and that concludes the bal- Mr. WELDON of Florida. Mr. Speak- folks, who work in Catholic schools is ance of my remarks. er, I have a parliamentary inquiry. something that everybody would wish Mr. CHABOT. Mr. Speaker, I rise in strong The SPEAKER pro tempore (Mr. to do. So this has been an educational support of this important resolution that honors LAHOOD). The gentleman from Wis- experience today that it has become the contributions of Catholic schools in the consin (Mr. KLECZKA) will have to yield controversial, but that is democracy. United States. I am a product of that school for that. Even something like this can become system, I have been privileged to teach in a Mr. WELDON of Florida. Will the controversial. Catholic school, and my two children currently gentleman yield for a parliamentary The reality of the matter is that I attend Catholic schools in our hometown of inquiry? think we should all come together and Cincinnati, Ohio. Mr. KLECZKA. Mr. Speaker, I yield. praise the men and women who form In Cincinnati, we're very proud of our Catho- Mr. WELDON of Florida. Mr. Speak- the new generations who are privileged lic school systemÐone of the largest in the er, is it not correct that we are sup- enough. Because all schools, whether United States with 77 elementary and 16 sec- posed to be debating the resolution be- they are private or public, are praise- ondary schools. Students in the system rou- fore us today? worthy. But, specifically, definitely so tinely score in the top one-third on nationally The SPEAKER pro tempore. That is are the Catholic schools and that is standardized tests. 98% graduate from high not a parliamentary inquiry. why I commend the gentleman from school. And 96% go on to pursue higher edu- Mr. KLECZKA. Mr. Speaker, I have Colorado. cation. to question the timing of this first ever Mr. KILDEE. Mr. Speaker, I yield Representatives from Catholic schools from pro-Catholic resolution. And I think it myself the balance of my time. all across the United States are in Washington is totally appropriate to bring it to the Mr. Speaker, in conclusion, I would this week to celebrate National Catholic debate, the fact that if the people who like to thank the Sisters of Saint Jo- Schools Week. We welcome them. And we are bringing this resolution forward seph of Nazareth, Michigan, who thank them for building an exemplary edu- are so pro-Catholic, let us see if that taught me at Saint Mary’s school in cation system that is based on academic pro-Catholic feeling continues to exist Flint, Michigan. I would like to par- achievement, community involvement, and when the House has before it the issue ticularly thank Sister M. Hilary who strong values. Our Catholic schools have set on electing, for the first time ever in helped change my life. a standard we can all be proud of. the history of the House, the first Mr. Speaker, I yield back the balance Mr. Speaker, I strongly support this resolu- Catholic chaplain. of my time. tion. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. SCHAFFER. Mr. Speaker, I yield Ms. SANCHEZ. Mr. Speaker, I rise today to The SPEAKER pro tempore. The myself the balance of my time. honor America's Catholic schools. Chair would correct his previous re- Mr. Speaker, in closing, I too would It is fitting and appropriate that the Con- sponse to remind all Members that de- like to thank those who have spoken gress consider this legislation today. Our na- bate should be confined to the pending today on this important topic in reach- tion's Catholic schools are reputed not only for question. ing out to congratulate those involved their academic excellence but also for their Mr. SCHAFFER. Mr. Speaker, I yield in Catholic schools. The students, the contributions to our communities. 21⁄2 minutes to the gentleman from administrators the teachers, all those Catholic schoolsÐand their faculty, staff, Florida (Mr. DIAZ-BALART). who make Catholic education possible students and familiesÐgo above and beyond Mr. DIAZ-BALART. Mr. Speaker, I in the United States. the call of duty. Children educated in our thank the gentleman from Colorado As a product of Catholic schools, I Catholic institutions benefit from moral and so- (Mr. SCHAFFER) for yielding me this have learned myself that it is virtually cial development along with superior intellec- time. impossible to disconnect the academic tual challenge. Mr. Speaker, I did not think I was construction from the spiritual basis Millions of children attend thousands of going to be speaking on this resolution. that all children in America need in Catholic schools every year in our nation. I have come to the floor because short- order to advance and grow spiritually These schools boast diverse student bodies ly we will be bringing forth a rule on and personally. A great many parents and exceptional success rates. Their grad- the Taiwan security legislation. But I throughout the country, even with the uates are not only skilled, but also devoted to want to commend the gentleman from government-owned system that most their faith and community. Colorado (Mr. SCHAFFER) for bringing children are educated in today, manage Right in my own district in Central Orange forth this resolution. to instill in their children a strong County, California, Catholic schools teach our Mr. Speaker, I have two sons. One of spiritual basis as their children grow. children not only the knowledge they will need them is 16, the other has just turned 15. But for many children, that is just an to succeed in the classroom, but develop the The 15-year-old is in ninth grade; the opportunity that is lost or missed. character children will need to thrive in the other one is in the eleventh grade. The Catholic schools throughout the world. They both go to Catholic school. country provide a remarkable example In its 1972 pastoral message concerning In south Florida, we have a wonder- and a remarkable model of academic Catholic education, the National Conference of ful series of Catholic schools, both pri- institutions that result in thriving, Catholic Bishops stated, ``Education is one of mary and secondary, as well as a won- growing, well-educated young men and the most important ways by which the Church derful Catholic university, Barry Uni- women throughout the United States fulfills its commitment to the dignity of the per- versity. We are very proud of the edu- of America. And it is fitting for this son and building of community.'' cation that those schools provide. So I body to recognize the contributions The Catholic school system has made in- think it is very appropriate that the and accomplishments of Catholic valuable contributions to our nation. Today I gentleman from Colorado (Mr. SCHAF- schools today. congratulate Catholic schools for their success FER) brought forth this resolution that This is Catholic Schools Week all and their continued role in promoting and se- we are debating it today. week long. There will be events taking curing a bright, strong future for our nation.

VerDate 27-JAN-2000 02:45 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.044 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H103 Mr. SWEENEY. Mr. Speaker, I rise today to Cicero once said, ``There are more men en- which build strong educational and moral foun- voice my strong support for House Resolution nobled by study than by nature.`` However, if dations for our students. 409, honoring the contributions of Catholic we are to ennoble the next generation, we As a former student of St. Rose's School in Schools. Over two and a half million students must begin now by inducing positive changes East Hartford, Connecticut, I would like to are currently enrolled at 8,217 Catholic in our education system so more children may praise the outstanding efforts of the Sisters of schools across the country. have the opportunity to have the rich experi- Notre Dame for providing students with strong This week, as ``Catholic Schools Week'', ence Catholic schools offer. We must intro- academic and moral values. My Catholic provides us an important opportunity to recog- duce more examples of education excellence school education has given me a valuable nize the outstanding performance of Catholic into the community, to kindle competition and framework for life, and has enabled me to schools in the education of America's youth. I bring excellence to all learning institutions achieve personal and professional goals. believe their successes truly hold some of the public and private. Our nation's Catholic schools provide excel- keys to improving our education system na- At the K±12 level, Indiana spends an aver- lent opportunities for learning. With over 8,000 tionwide. age of $5,666 per student per year. Yet per- schools and current matriculating classes of Catholic elementary and secondary school formance declines as the student progresses greater than 2.6 million students (of which students consistently display superior results through the public school system. one-in-four are minorities), Catholic schools on national and science academic achieve- For instance, in 1996, Indiana's 4th graders provide educational opportunities to a broad ment tests. Catholic schools maintain a phe- took the National Assessment of Education cross-section of our society. These schools nomenal graduation rate of 95%, compared to Progress math exam. They placed 4th out of encourage greater levels of student-teacher 66% for public schools. More importantly, 43 states that participated in the exam. Which interaction through their small class-size ratio. Catholic schools provide their students with a is very good. However, Indiana's 8th graders As a result, Catholic school students achieve strong sense of their faith, family and commu- ranked only 17th out of 43 states. On Math a graduation rate of 95%, while 83% continue nity. They provide a rich, intellectually stimu- Advanced Placement exams, Indiana ranked on to a college education. This education lating environment in which today's youth last in comparison to other states and the Dis- model has been internationally acclaimed for learn the skills required to be tomorrow's lead- trict of Columbia in terms of the percentage of its stellar academic reputation. ers. students who scored a 3 or higher out of 5. As we celebrate Catholic School Week, I These schools teach the value of self dis- For Indiana high school students who are col- am proud that these schools will continue to cipline, tolerance and respect for one another. lege-bound, their SAT scores are about 30 nurture students dedicated to their faith, to Catholic schools open their classrooms to eco- points below the national average. 46th in the their values, to their communities and to their nomically and culturally diverse students, giv- nation. ing young people of all backgrounds the op- families. These schools develop the leaders of We need to rethink our whole approach to tomorrow with effective leadership and char- portunity to succeed. elementary and secondary education. We I also salute the Catholic school teachers acter. I am, therefore, proud to support H. need to look to examples of education sys- who dedicate themselves to the teaching pro- Res. 409. tems which achieve great results so that we fession and take great pride in the success of Mr. Speaker, I yield back the balance their students. can make systemic changes. We also need to of my time. Mr. Speaker, I commend the sponsors of provide ways to help parents take advantage The SPEAKER pro tempore. The this resolution, and appreciate the opportunity of the choices that exist. question is on the motion offered by to honor the Catholic schools of our nation. I Barbara is African-American and lives in the gentleman from Colorado (Mr. believe these schools are a model for success inner city Indianapolis. She struggles to raise SCHAFFER) that the House suspend the in the education of our youth. I urge my col- three boys. And Barbara has decided to be- rules and agree to the resolution, H. leagues to support this important resolution. come a leader in her community. She is presi- Res. 409. Mr. McINTOSH. Mr. Speaker, today Con- dent of a new grassroots organization called The question was taken; and (two- gress passed a resolution congratulating FORCEÐshort for Families Organized for thirds having voted in favor thereof) America's Catholic schools, the students, the Real Choice in Education. the rules were suspended and the reso- teachers, and especially the parents, who A few years ago her son, Alphonso, had an lution was agreed to. make many sacrifices to provide their children opportunity to escape the inner city school A motion to reconsider was laid on the education offered in Catholic schools. The system that was failing him. Through a private the table. outstanding contributions of Catholic schools scholarship program started by Pat Rooney at f to our Nation are worthy of celebrating, and as Golden Rule Insurance Company, Alphonso a co-sponsor of that resolution I offer heartfelt has been able to attend Holy Cross Catholic b 1200 School. congratulations to all who participate in the GENERAL LEAVE work of Catholic education. I am especially It was opportunity that enabled Alphonso to proud of Catholic schools in Indiana which go to a better school. But it was Alphonso's Mr. SCHAFFER. Mr. Speaker, I ask provide a great education to more than 62,000 own intellectual abilities and hard work that unanimous consent that all Members children. put him on the honor roll. His own athletic may have 5 legislative days within This week we celebrate the 26th annual abilities that make him stand out on the foot- which to revise and extend their re- Catholic Schools Week and commemorate the ball team. And his own leadership abilities that marks on House Resolution 409. important role Catholic elementary and sec- led his classmates to elect Alphonso to the The SPEAKER pro tempore (Mr. ondary schools across the country play in pro- student council. LAHOOD). Is there objection to the re- viding a values-added education for America's I could tell you about studies that show the quest of the gentleman from Colorado? young people. We are proud of their edu- great academic achievements made by inner- There was no objection. cational network, emphasizing intellectual, city youth in Catholic schools. But Alphonso's f spiritual, moral, and social values in their stu- success story speaks for itself. His real-life ex- dents. perience tells us so much more than mere sta- TAIWAN SECURITY ENHANCEMENT Studies have shown that Catholic schools tistics ever could. Catholic schools shine just ACT succeed because they employ a system that a little brighter when more disadvantaged Mr. DIAZ-BALART. Mr. Speaker, by works: Site-based management; discipline and young people like Alphonso make the grade. direction of the Committee on Rules, I virtue; high academic standards, and parental The author Victor Hugo once wrote, ``There call up House Resolution 408 and ask involvement. These qualities contribute to a is one thing stronger than all the armies in the for its immediate consideration. caring, well-ordered, safe and stimulating envi- world, and that is an idea whose time has The Clerk read the resolution, as fol- ronment where children learn more than just come.'' Excellence in education is the course lows: academics. They learn individual responsi- of the future. H. RES. 408 bility, respect, moral conduct, and hard work. We will not let our childrenÐour futureÐslip Catholic schools work because they are en- through the cracks. Our families will rebuild Resolved, That upon the adoption of this resolution it shall be in order without inter- tirely voluntary for both students and teachers. our education system so that our children vention of any point of order to consider in If students are unhappy, they may leave. grow up with the knowledge and the con- the House the bill (H.R. 1838) to assist in the Teachers are not tenured. Parents who sac- fidence to build a new day for our nation. enhancement of the security of Taiwan, and rifice to send their children to school remain Mr. LARSON. I rise today to acknowledge for other purposes. The bill shall be consid- involved. the contributions made by Catholic schools, ered as read for amendment. The amendment

VerDate 27-JAN-2000 03:48 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.024 pfrm02 PsN: H01PT1 H104 CONGRESSIONAL RECORD — HOUSE February 1, 2000 recommended by the Committee on Inter- fort to help Taiwan protect itself from on International Relations and dem- national Relations now printed in the bill potential threats from China. The leg- onstrates a bipartisan effort to show shall be considered as adopted. The previous islation increases the number of Tai- some congressional support for main- question shall be considered as ordered on wanese military officers and officials taining Taiwan’s ability to defend the bill, as amended, and on any further amendment thereto to final passage without to be trained at U.S. military acad- itself. intervening motion except: (1) one hour of emies and the National Defense Univer- I have received numerous letters and debate on the bill, as amended, equally di- sity and increases the technical staff at petitions from Taiwanese Americans in vided and controlled by the chairman and the American Institute in Taiwan. my district urging passage of the bill. ranking minority member of the Committee In addition, the Taiwan Security En- As Professor Ken Hsu of Pittsford, New on International Relations; (2) an amend- hancement Act requires the President York, notes, ‘‘This act will help main- ment printed in the Congressional Record to justify any rejection of a Taiwanese tain the peace and security of the Tai- pursuant to clause 8 of rule XVIII, if offered defense request and requires annual re- wan Strait.’’ Over the past decade, Tai- by the Minority Leader or a designee, which shall be considered as read and shall be sepa- ports by the defense secretary on Tai- wan has become a full-fledged, rately debatable for one hour equally divided wan’s security situation. multiparty democracy. Presidential and controlled by the proponent and an op- I believe that it is entirely appro- elections are scheduled for March of ponent; and (3) one motion to recommit with priate for Congress to express itself this year. Taiwan fully respects human or without instructions. strongly on the important matter of rights and civil liberties and is often The SPEAKER pro tempore. The gen- the security of Taiwan. Since the na- touted as a model for democracy in tleman from Florida (Mr. DIAZ- tionalist escape to the island after the East Asia. BALART) is recognized for 1 hour. Communist victory on the mainland of Meanwhile, the People’s Republic of Mr. DIAZ-BALART. Mr. Speaker, for China in 1949, the close relationship be- China continues to jail citizens who purposes of debate only, I yield the cus- tween the United States and Taiwan, I simply want to express their views and tomary 30 minutes to the gentlewoman think, has been mutually beneficial to represses the people of Tibet and other from New York (Ms. SLAUGHTER); pend- both peoples. regions who long for freedom. Most im- ing which I yield myself such time as I The Taiwan Relations Act of 1979 es- portantly, China has spent the past few may consume. During consideration of tablished on the part of the United years actively building up its military this resolution, all time yielded is for States a concern for Taiwan and its capabilities. This buildup has included purpose of debate only. people, at a time when diplomatic rela- further development of advanced bal- Mr. Speaker, House Resolution 408 is tions switched on the part of the listic and cruise missiles and a signifi- a modified closed rule providing for the United States from Taiwan to the Peo- cant increase in the size of China’s mis- consideration of the Taiwan Security ple’s Republic of China. The Taiwan sile force. That is a worry. Enhancement Act, H.R. 1838. Security Enhancement Act clarifies Mr. Speaker, this is a closed rule, House Resolution 408 provides for 1 and reiterates the commitments made with the possibility of a substitute hour of debate in the House, equally di- in the Taiwan Relations Act. amendment. And while I support a vided between the chairman and the The gentleman from Connecticut more open amendment process, in this ranking minority member of the Com- (Mr. GEJDENSON), the ranking minority case I am not aware of any amend- mittee on International Relations. member on the Committee on Inter- ments on our side and will not call for The rule waives all points of order national Relations, stated in his testi- a recorded vote. against consideration of the bill and, mony to the Committee on Rules that Mr. Speaker, I reserve the balance of further, the rule provides that the he was aware of no amendments to this my time. amendment recommended by the Com- legislation, and he was supportive of Mr. DIAZ-BALART. Mr. Speaker, I mittee on International Relations now the request for a modified closed rule. yield 3 minutes to the gentleman from printed in the bill be considered as As a firm supporter of this legislation, Florida (Mr. GOSS), the distinguished adopted. Mr. Speaker, I believe that the Com- chairman of the Permanent Select The rule provides for consideration of mittee on Rules has crafted a fair rule Committee on Intelligence and my col- the amendment printed in the CON- to provide for its consideration, and I league on the Committee on Rules. GRESSIONAL RECORD, if offered by the would strongly urge the adoption of (Mr. GOSS asked and was given per- minority leader or his designee, which both the rule and the underlying bill. mission to revise and extend his re- shall be considered as read and shall be Mr. Speaker, I would like to com- marks.) separately debatable for 1 hour, equally mend the gentleman from New York Mr. GOSS. Mr. Speaker, I thank my divided and controlled by the pro- (Mr. GILMAN), and the ranking member, colleague from Florida for yielding me ponent and an opponent. the gentleman from Connecticut (Mr. this time, and I rise in support of this And, finally, the rule provides for one GEJDENSON), along with the majority appropriately crafted and, I believe, motion to recommit with or without whip, the gentleman from Texas (Mr. noncontroversial rule. This is obvi- instructions. DELAY), and the many others who have ously an extremely important and seri- H.R. 1838, Mr. Speaker, seeks to en- worked on this legislation for their ef- ous matter, and I believe a structured hance the security of Taiwan. I am forts in bringing forward this impor- rule was necessary to ensure that the pleased to be an original cosponsor of tant piece of legislation. I believe various views are aired in a productive this legislation, which the majority House Resolution 408 is a necessarily way out here today. whip, the gentleman from Texas (Mr. structured rule, a fair rule, and I urge Mr. Speaker, I come to this debate DELAY), introduced in large part to re- its adoption. primarily focused on national security, spond to increasing concern with the Mr. Speaker, I reserve the balance of obviously as chairman of the Perma- threat to the peace and stability of my time. nent Select Committee on Intelligence, Taiwan in light of the actions of the Ms. SLAUGHTER. Mr. Speaker, I with very high hopes but also with People’s Republic of China toward Tai- yield myself such time as I may con- some deep underlying concerns. I have wan. sume, and I thank the gentleman from high hopes that the United States can Both the chairman and the ranking Florida for yielding me the customary and will step up to the challenge of en- minority member of the committee of 30 minutes. gaging the Asia-Pacific region while primary jurisdiction are cosponsors, (Ms. SLAUGHTER asked and was protecting U.S. interests and the inter- along with four of my colleagues on the given permission to revise and extend ests of our friends and allies in that Committee on Rules. I believe that this her remarks.) area and elsewhere. legislation enjoys widespread bipar- Ms. SLAUGHTER. Mr. Speaker, the I do remain concerned that we lack tisan support in the House. underlying bill, the Taiwan Security sufficient and sustained leadership on The Taiwan Security Enhancement Enhancement Act, H.R. 1838, is a bill this issue from the Clinton-Gore ad- Act increases military cooperation designed to reaffirm the Nation’s com- ministration, while at the same time with and establishes direct military mitment to Taiwan’s security. It is my we do have a wide range of vigorously communication between forces in Tai- understanding that the bill was sub- conflicted, highly visible viewpoints on wan and in the United States in an ef- stantially modified in the Committee how we should proceed even within this

VerDate 27-JAN-2000 03:48 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.010 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H105 Congress. As a result, we run the risk Ms. SLAUGHTER. Mr. Speaker, I the Chinese Communist regime have of sending mixed signals that could yield such time as he may consume to been on display for two decades. But I weaken rather than reinforce the mes- the gentleman from California (Mr. also come to this debate as one who sage of resolve that we need to send to LANTOS). has supported the Taiwan Relations the Chinese leadership about our prior- Mr. LANTOS. Mr. Speaker, I want to Act, passed in 1979, which for the past ities. That is what we are here about, thank my friend and colleague from 20 years has facilitated Taiwan’s devel- resolve. New York for yielding me this time. opment as one of the most prosperous, Mr. Speaker I have just returned I will rise in the strongest possible advanced, and democratic societies on from leading the Permanent Select opposition to this legislation when it is the face of this planet. Committee on Intelligence on a trip to offered, and I would like to ask my col- As a matter of fact, one of the few the South Pacific. I want to report leagues to pay careful attention to this great achievements on a bipartisan that, without fail, what we heard over legislation, which, while well-inten- basis of the administrations during the and over is that the area of greatest tioned, will be wholly counter- course of the last 20 years has been the focus for U.S. officials and their coun- productive and will dramatically en- tremendous development in Taiwan. terparts in the region is the need for hance instability in the region. Taiwan today is a powerful, pros- careful management of the explosive Let me first say that during the perous, and democratic society. flash-point that exists in the Taiwan course of the many years that we have Our relationship with Taiwan and Strait. The Chinese hierarchy knows debated the China issue, I am proud to China is predicated on the carefully this and has demonstrated its willing- have been one who has uniformly crafted fiction that there is only one ness to capitalize on it by engineering fought for human rights in China; who China; and this fiction, which we pay provocations in order to promote its has uniformly fought for the right of tribute to on a daily basis, has an am- own agenda, including, apparently, the people of Tibet; who has uniformly bassador in Beijing but no ambassador gaining unfettered entry into world rejected Most Favored Nation treat- but somebody who acts like an ambas- markets and trade organizations. ment for China, and will continue to do sador in Taipei. Let me state that I am certainly sup- so. The Chinese Government in Beijing portive of the substance of this legisla- What is at stake here is the unin- sends an ambassador here to represent tion, inasmuch as it emphasizes and tended unraveling of a carefully craft- China; and the Government of Taiwan clarifies our defense posture when it ed ambivalence in U.S. foreign policy sends someone who, while not with the comes to assisting the people of Tai- towards China and Taiwan, a foreign rank of ambassador, ably and effec- wan and protecting their security. But policy which under Republican and tively represents the interest of Tai- I am also mindful of the larger picture, Democratic administrations has suc- wan. When he visits me in my office, I and I recognize that, as contorted as ceeded in making Taiwan a strong, refer to him as ‘‘Mr. Ambassador.’’ U.S. policy toward Taiwan and, by in- prosperous, and democratic society. Now, this carefully crafted ambiva- ference, China, has become, it is a pol- lence and ambiguity has allowed us to icy that of necessity must find balance What this legislation will do, it will en- hance instability and uncertainty in support Taiwan’s defense needs to the on an extremely narrow tightrope. fullest possible extent. Taiwan today is Our discussions here must not be the region, and it will not contribute stronger than it has ever been in its misinterpreted to be our pushing the one iota to the security of Taiwan. history. Speaking for myself, I will be envelope on behalf of Taiwan. The issue b 1215 is the defense and security of Taiwan. voting for whatever defense require- Let me elaborate. When the question ments Taiwan comes to us with insofar Proponents of today’s legislation point of an invitation to the distinguished out that the existing statutory founda- as these requirements will be necessary President of Taiwan from his alma for the defense of that island. tion for our relationship with Taiwan mater, Cornell University, came before is in need of greater elucidation. They This piece of legislation, well-inten- our body, and the administration was tioned but totally counterproductive, seek to send a message to Beijing. But committed to denying him a visa be- we must make sure that in the process will add nothing to the security of Tai- cause that was part of our agreement of adding detail, specificity, and clar- wan. What it will do, it will stir up a with the government in Beijing, I in- ity to our current policy, we do not hornet’s nest in the region. It will en- troduced a resolution compelling the also generate the unintended con- hance instability, anxiety, and uncer- Department of State to issue a visa to sequences of provocation and perhaps tainty. the democratically elected President of dangerous escalation in our com- While the crafters of this legislation Taiwan to go to Cornell to receive his plicated and delicate diplomatic rela- had good intentions, they clearly did honorary doctorate. tions with China. not take into account that, in public This matter is of vital significance to My legislation passed this body on diplomacy, ambivalence and ambiguity regional security and to global secu- May 2, 1995, by a vote of 390–0 and the have a long established and distin- rity, and it affects U.S. interests di- Senate by a vote of 97–1. When the guished place. rectly. Without doubt the Chinese lead- question of Chinese application to host It is that ambiguity and ambivalence ership, as well as the people of Taiwan the Olympic Games in the year 2000 which the presence of our peculiar rela- and our friends and enemies around the came before our body, it was my pleas- tionship with Taiwan so ably dem- world, will be watching this debate and ure to introduce a resolution express- onstrates which will be undermined gauging our willingness to approach ing the strong view that this Congress and destroyed by this piece of legisla- these tough issues with thoughtful, far- will not countenance the holding of the tion. sighted leadership, and unity of pur- Olympic Games in China as long as Now, this is not a partisan issue, Mr. pose. human rights violations are as wide- Speaker. As was mentioned earlier, the As my colleagues know, one of the spread, as long as the denial to reli- chairman of the Committee on Inter- areas of jurisdiction of the Committee gious freedom are as widespread, as national Relations and the Ranking on Intelligence is to monitor and pre- long as the practice of forced abortions Member, both good friends of mine, are pare capabilities for potential security are as widespread as they are in China. supporting this legislation. Some of crises around the world, and that cer- And this body and the Senate approved the most distinguished Republicans on tainly includes a careful eye toward my legislation. the Committee on International Rela- China and Taiwan. I think I can say A short while before we left for our tions joined me in opposing this legis- that the danger of miscalculation in Christmas break, I had the privilege of lation. So the issue has no partisan ele- the Taiwan Straits is at the top of the speaking on behalf of a religious move- ment. It has no partisan component. list of the gravest threat to today’s ment, global in nature, called Falun The issue before us is very simple: Do world peace. Gong that the Chinese Communist we wish to enhance the stability of the Our challenge in this debate is to en- Government is persecuting, harassing, region or do we wish to add to the peri- sure that it promotes solutions rather and imprisoning its leaders. odic outbursts of instability that the than contributing to a deadly mis- So I come to this debate as one whose passage of this legislation will surely calculation. I urge support for the rule. opposition to the odious practices of bring about.

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.033 pfrm02 PsN: H01PT1 H106 CONGRESSIONAL RECORD — HOUSE February 1, 2000 It is my considered judgment that it ting me to speak in support of the rule; The upcoming election and post-elec- is in the national security interest of and I appreciate the remarks of my tion periods present a very real danger the United States to see this legisla- good friend, the gentleman from Cali- of intimidation or even violent aggres- tion defeated. fornia (Mr. LANTOS) who has just fin- sion by the communist regime in Bei- The President has indicated and his ished another of his eloquent presen- jing. top foreign policy advisors have indi- tations before this body, however, a I recently returned from Taiwan cated that if the legislation is approved presentation that I must disagree with where I visited the political and mili- in its present form, they will rec- respectfully. tary leaders there, and I also visited ommend a veto. I hope the President I stand in strong support of this rule their air national and missile defense will veto, and I will vote to sustain and in strong support of the bipartisan centers as well as frontline bases in the that veto. Taiwan security enhancement act. I Taiwan straits. It is unnecessary, it is counter- congratulate the House leadership of All the leaders in Taiwan that I met, productive, it is nonsensical to bring both parties for bringing this bill to the military leaders and political lead- into our complex relationship with the floor at this critical period while ers, as well as people there who live China yet another divisive matter, the the people of Taiwan and the Republic there and are confronted with this only consequence of which is to dimin- of China on Taiwan are entering into challenge, expressed concern about the ish the security of Taiwan, the exact the final month of their democratic potential aggression from the PRC in opposite, the exact opposite that the presidential campaign. the upcoming months. crafters of this legislation intend. There should be no doubt that the re- b 1230 Now, when my legislation was quirements in this bill to strengthen passed, Mr. Speaker, allowing the Taiwan’s ability to defend its own peo- The threat from Communist China President of Taiwan to go to Cornell, ple against air and missile attack is es- was underscored during the past few the Chinese in Beijing went ballistic. sential to maintaining peace and, yes, days with new public threats for the They went ballistic to the point of en- stability in the Taiwan Straits. It use of force against Taiwan by the gov- gaging in military action in the waters sends an undeniable message to the ernment in Beijing. around Taiwan. The invitation to communist strongmen in Beijing and I am submitting for the RECORD a President Lee was a matter of prin- to our friends throughout the Pacific copy of the January 31 report out of ciple. This is not. This is a matter of region that the American people are Hong Kong detailing exercises to be bad policy judgment. But the reaction stalwart in defending democracy and conducted immediately prior to the is predictable. It will create horrendous honoring our treaty commitments. election in Taiwan by the People’s Lib- tensions in the Taiwan Straits. It will With all due respect to my friend, the eration Army Missile Command in gentleman from California (Mr. LAN dramatically diminish the chances of - Fujian Province, directly across from TOS), ambiguity and ambivalence in the cross-straits dialogue. Taiwan. What every Member of this body face of tyrants does not bring about Beijing needs to know that we are wants is to see the China-Taiwan con- the result the people would like to standing by the agreement we made flict resolved without military means, achieve. Seeking stability through am- with Beijing and that we will ensure biguity and ambivalence will lead not peacefully, constructively. This piece Taiwan the defensive systems that we to stability but, instead, to conflict of legislation torpedoes that objective. are permitted through that under- and war through miscalculation. Sta- When we will discuss this legislation, I standing to provide Taiwan. This is bility without regard to moral commit- will strongly urge my colleagues to what will lead to more peace, not leav- ment and to liberty and justice is not vote against it. ing Taiwan vulnerable, not being am- a worthy goal and leads in the end to I have nothing against the rule. The biguous but providing them the missile conflict. defense systems and the aircraft de- rule is not the issue in this instance, We must give a specific message, we fense systems they need to deter ag- Mr. Speaker. But what is at issue is a must not be ambiguous, to the people gression and to make a solid statement fundamental bipartisan foreign policy in Beijing so they will not miscalcu- as this Congress is doing today in this successfully pursued by Republican and late, so they will know what our com- debate that we are not ambiguous and Democratic administrations for 21 mitment is and how far they can push not ambivalent in our commitment to years under President Carter, Presi- us in the free world. This is the way to Taiwan’s security and the Taiwan Re- dent Reagan, President Bush, and peace. It is not through ambiguity. President Clinton. Specifically, we are today reaffirm- lations Act. Taiwan has thrived given our exist- ing the Taiwan Relations Act of 1979. Mr. Speaker, I include the following ing legislative framework vis-a-vis The Act clearly authorizes the United material for the RECORD: that country. This legislation will un- States or any other country to provide PRC TO STAGE ANTI-AIR MILITARY EXERCISE dermine that stability. It will threaten defensive weapon systems to the Re- IN LATE FEBRUARY the stability and peace in the Taiwan public of China and Taiwan and re- (By special correspondent Hsiao Peng) Straits. And we shall rue the day if we stricts Beijing from using force against According to Jiang Zemin’s requirements were to pass this legislation as we see the people of Taiwan. outlined at a recent meeting of the Central the consequences unfold. This is a legal understanding. We Leading Group for Taiwan Affairs on ‘‘prep- We will have plenty of China issues should not in any way hint to the arations for both eventualities,’’ the People’s to discuss in the next few months. strong men in Beijing that that under- Liberation Army [PLA] is to stage a large- Some in this body will be advocating scale antiair exercise in Fujian in late Feb- standing and that agreement has been ruary. Massive antiair missile forces and Most Favored Nation treatment on a altered or has evolved into something various types of warplanes recently have ar- permanent basis to mainland China. I else than what it was whether that rived in Fujian. For the first time, a newly hope there will be enough of us to op- agreement was made. That is the way established reserve missile brigade will par- pose that legislation when it comes to to have peace in the Taiwan Straits ticipate in the military exercise. this floor. This is a piece of legislation and to have stability in the Pacific, let CONDUCTING DEFENSE EXERCISE TO PREVENT that is counterproductive, poorly people know we are holding them to GIVING US EXCUSE thought through, and hostile to the se- their commitments and that we are A source pointed out that the mainland curity interests of both Taiwan and the strong and forceful in demanding our will conduct a completely defensive military United States, and I strongly urge my rights under agreements with those exercise in the run-up to Taiwan’s presi- colleagues to reject it. that we have made before. dential elections. The antiair live-ammuni- Mr. DIAZ-BALART. Mr. Speaker, I The upcoming election in Taiwan tion exercise involving a large number of yield 5 minutes to my good friend, the marks an historic milestone. It is the antiair missiles and warplanes can put pres- sure on Taiwan independence forces. Because gentleman from Southern California first time in a thousand years of re- it is a ‘‘defensive exercise,’’ it will not serve (Mr. ROHRABACHER). corded Chinese history that a demo- as an excuse for the United States and other Mr. ROHRABACHER. Mr. Speaker, I cratically elected Chinese leader, countries to intervene in the mainland ma- thank my friend, the gentleman from President Lee, will be peacefully hand- neuver. The war game also in China’s direct Florida (Mr. DIAZ-BALART) for permit- ing over power to an elected successor. military response to Taiwan Vice President

VerDate 27-JAN-2000 03:48 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.042 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H107 Lien Chan’s clamor for the development of tionship. The second is the impact of any the longstanding tensions that exist long-range missiles against the mainland. At sale of advanced weaponry to Taiwan and the between Taiwan and the PRC. the recent meeting of the Central Leading third is the U.S. sponsorship this year of a It is well known that since the incep- Group for Taiwan Affairs, Jiang Zemin re- resolution in the United Nations Convention tion of the PRC, the PRC has consid- portedly decided that preparations for both on Human Rights. ered Taiwan a renegade province. The eventualities—peaceful reunification and re- House International Committee Chairman taking Taiwan by force—should be taken as Benjamin Gilman (R–NY) said last November government in Beijing has long her- the mainland’s basic principle on future Tai- that Clinton Administration pressure had alded the ‘‘one China’’ policy to reem- wan affairs. Meanwhile, the top Chinese lead- prevented the bill from coming to a vote for phasize its claims to Taiwan and insist ership has made a clear-cut decision not to fear it would damage negotiations for Chi- that foreign governments adhere to it allow Taiwan authorities to indefinitely na’s entry into the World Trade Organiza- as well. Officially, we support the ‘‘one stall the Taiwan issue, and has set a time- tion. China’’ policy while at the same time table for the settlement of the Taiwan issue. we insist that China relinquish the use Should new Taiwan leaders refuse to accept MISSIONARIES: CLERICS KIDNAPPED, CHURCHES of force in any reunification effort. De- the principles of ‘‘one country, two systems BURNED IN CHINA spite assurances by China to the world and peaceful reunification’’ and pursue Tai- VATICAN CITY (AP)—China has burned and wan independence by incorporating the community to peacefully settle this blown up churches and taken dozens of cler- sovereignty dispute, China refuses to ‘‘two-state theory’’ into the constitution and ics into custody in an intensified campaign the law, the mainland is prepared to use against the underground Catholic church, disavow the use of force. To this end, force to resolve the Taiwan issue by means the Vatican’s missionary news service said China has often resorted to bullying of ‘‘one country, two systems.’’ Monday. tactics and demonstrative military ex- LARGE NUMBER OF ADVANCED ANTI-AIRCRAFT Some of the arrests cited by Fides were re- ercises in a game of deadly MISSILES TO BE SHOWCASED ported earlier by Catholics within China. brinksmanship. The antiair exercise will involve the live The alleged crackdown implements a plan The now infamous Chinese ballistic firing of massive advanced PLA antiair mis- outlined by the government in August to missile strike in the Straits of Taiwan siles in Fujian. In addition to Taiwan war- force Catholics worshipping illegally into during the 1996 presidential campaign planes, such as F–16, Ching-kuo, and Mirage the official state-registered church system, in Taiwan has become a watershed 2000 fighters, the military exercise will take Fides said. Officially atheist China limits worship to event that underscores the calculated US F–117 and B–1 stealth bombers and cruise risk which Beijing is willing to make missiles as the main targets of attack in state-registered churches. order to prevent US military intervention in Millions of Chinese Roman Catholics wor- in order to intimidate Taiwan. So in- mainland operations against Taiwan. It is ship secretly, illicitly recognizing the Vati- tent is China’s concern over any dis- understood that since Lien Chan, Liu can as their religious authority rather than play or mention of independence that Taiying, and other senior Taiwan officials the government. it is willing to unleash a torrent of de- threatened to countercheck the mainland, China insists that its people have full free- struction in the Western Pacific. This the top mainland leadership has attached dom of religion; the parliament issued a sentiment was further acknowledged great importance to its air defense against statement Monday denying the existence of by the Chinese Premier, Zhu Rongji, Taiwan. To strengthen Fujian’s antiair capa- the underground Catholic church. Religious meeting places are required to be who recently noted that the PRC con- bility against Taiwan, the mainland recently siders violence an acceptable means to not only has deployed a large number of registered with authorities only ‘‘to ensure antiaircraft and ground-to-ground missiles that the religions can conduct their normal ‘‘discuss’’ the reunification of Taiwan. in Fujian, but for the first time it also has and lawful activities,’’ the lawmakers’ state- In furtherance of their strategy of in- established a reserve missile brigade to arm ment said. timidation, the Chinese have con- reserve units with various antiaircraft mis- Fides said Catholics are under increasing ducted amphibious landing exercises siles, which have considerably enhanced pressure to accept only the authority of the near the straits, deployed theater mis- Fujian’s antiair capability. The brigade is state-sanctioned church, the China Patriotic sile launch sites adjacent to Taiwan, Fujian’s second air defense reserve unit since Catholic Association. acquired long-range Su-30 bombers and its reserves established an antiaircraft artil- Children of families in underground churches are being barred from school, the is currently acquiring former Soviet lery division. It also is the first reserve unit naval destroyers. These efforts are armed with missiles. The upcoming military news service said. exercise will serve as a warning to Taiwan’s Two churches, built without government meant to intimidate democracy’s allies arms expansion and is the first military ma- permit, were blown up at mid-December in in Taiwan and around the world in neuver intended to put pressure on Taiwan the Wenzhou diocese, Fides said. light of the upcoming presidential elec- in the run-up to its presidential elections Other churches were burned; three were de- tions in Taiwan. this year. stroyed in the same northern diocese in Previously, the distinguished gen- April, Fides said. tleman from California indicated that CHINA WARNS AGAINST MORE U.S.-TAIWAN ‘‘The diocese of Wenzhou is being subjected we should be ambiguous and ambiva- MILITARY COOPERATION to pressure and violence,’’ it said. Authorities have taken away seven priests lent. We may be forced to be ambig- A Chinese government spokesman today uous in our diplomatic relations, but (Jan. 31) warned that passage of a law to im- and the diocese’s archbishop since Sep- tember, Fides said. we should not be ambivalent in the prove U.S.-Taiwan military cooperation message that we send to the PRC. We could threaten ‘‘peace and stability’’ in the Since early January, officials have forced region and damage relations with the U.S. at least 2,000 Roman Catholics in the region must pass this new Taiwan Relations The Clinton Administration should take ‘‘ef- to register, some after days of detention. Act. fective measures’’ to prevent adoption of the Other Catholics have fled rather than be The bill before the House today fur- Taiwan Security Enhancement Act, accord- forced into the state church, it claimed. ther refines and supplements the un- ing to Chinese embassy spokesman Yu In all, at least six clerics have disappeared derlying relations act. This legislative Shuning. since their arrests, over a period of three supplement by Congress unambig- years to a few months, it said. The bill, HR 1838, is scheduled for a House uously and without ambivalence gives vote on Feb. 1 or the following day. A Senate Ms. SLAUGHTER. Mr. Speaker, I notice to Beijing that the United companion bill, S. 693, sponsored by the yield 3 minutes to the gentleman from States is indeed committed to the secu- chairman of the Senate Foreign Relations Guam (Mr. UNDERWOOD). Committee is pending before the panel after rity of Taiwan and will not tolerate an (Mr. UNDERWOOD asked and was act of aggression to settle the sov- a hearing in August. given permission to revise and extend ‘‘If the U.S. restores its military ties with ereignty dispute. Taiwan . . . it will have a very serious con- his remarks.) Mr. DIAZ-BALART. Mr. Speaker, I sequences to our relationship,’’ Yu told re- Mr. UNDERWOOD. I thank my friend yield 51⁄2 minutes to the distinguished porters in a briefing at the Chinese Embassy, from New York for yielding me the gentleman from Nebraska (Mr. BEREU- ‘‘It could trigger another round of arms race time. TER), chairman of the Subcommittee and enhance the chance of military con- Mr. Speaker, I rise today in support on Asia and the Pacific of the Com- frontation.’’ of the rule on H.R. 1838, the Taiwan Se- mittee on International Relations. Yu called the act a ‘‘very serious infringe- curity Enhancement Act. This bill as ment’’ of Chinese sovereignty and an encour- (Mr. BEREUTER asked and was agement of Taiwanese ‘‘separatists’’ who modified by the Committee on Inter- given permission to revise and extend seek independence from China. national Relations represents a con- his remarks.) He identified passage of the bill as one of certed effort by a bipartisan group of Mr. BEREUTER. I thank the gen- three problems facing the U.S.-China rela- Members who remain concerned about tleman for yielding me this time.

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.012 pfrm02 PsN: H01PT1 H108 CONGRESSIONAL RECORD — HOUSE February 1, 2000 Mr. Speaker, I rise in support of the officers from Taiwan. It requires the sible. We must and do recognize that rule and the underlying legislation executive branch of our government to our own officers in fact have to have that will be made in order. There are report on the nature of the threat to these courses, and we also need to pro- two preliminary points I would like to Taiwan and to explain arms sales con- vide this kind of training in our acad- make. First of all, I think all or nearly sidered and the rationale of decisions. emies and in the defense training pro- all Members approaching this issue on The Taiwan Security Enhancement Act grams to a whole array of friends and both sides of the aisle and both sides of delivers, I believe, a strong message allies across the world. It is a zero sum the issue, do approach this debate with that clarity, not ambiguity, is impor- game, to some extent, and in H.R. 1838 due gravity and concern and are at- tant in expressing our support for Tai- we are not mandating any particular tempting to do so with appropriate sen- wan and Taiwan policy. additional number. sitivity to the delicate situation be- Mr. Speaker, I believe it is important Mr. Speaker, in summary, this Mem- tween the PRC and Taiwan. to emphasize again that legislation to ber would note that this legislation I want to call attention, however, to be before us today has been heavily about to be considered has been signifi- my colleague from Florida’s remarks. amended by the House International cantly altered in numerous significant The gentleman from Florida (Mr. Relations Committee. The changes are ways to address legitimate concerns. It GOSS), the chairman of the House Per- primarily because of the efforts of would perhaps benefit from additional manent Select Committee on Intel- these members and other members of review and modifications, and this ligence, I think made a very thoughtful my subcommittee but also due to other Member fully expects such modifica- and incisive statement. He said Mem- members of the full committee, and to tions to occur as if this legislation bers that vote for this upcoming legis- the support and cooperation of the moves forward to a conference. How- lation, H.R. 1838, should not be deemed chairman, the gentleman from New ever, my colleagues can feel com- to be doing things that are inten- York, Mr. GILMAN, and the ranking fortable with H.R. 1838, and I hope for tionally provocative. That should not Democrat, Mr. GEJDENSON. They have and recommend their positive vote. I be our intent. Indeed it is not, I think, all worked at perfecting legislation thank the original introducers and es- the supporters’ intent that we are tak- which we bring to the body today with pecially all the colleagues in the Inter- ing a provocative action. But, on the some confidence. national Relations Committee who other hand, we need to, where appro- Mr. Speaker, it is true that the exec- have helped to perfect it. priate, eliminate ambiguity; and we utive branch had voiced great concerns Ms. SLAUGHTER. Mr. Speaker, if I need to recognize that this is a sen- about this legislation before these sig- could take 30 seconds out of order, I sitive area. The Taiwanese-Chinese and nificant changes and still opposes the would like to wish a happy birthday on the Sino-American relationships are legislation. I think they do in part be- behalf of the House to the gentleman the most complicated issues that come cause they have not carefully examined from California (Mr. LANTOS). before my subcommittee and we should the changes that have been made by Mr. Speaker, I yield 3 minutes to the not under-estimate the reaction to the the Committee. For example, the ini- gentleman from Florida (Mr. DEUTSCH). legislative vote on H.R. 1838. tial legislation listed the sale of spe- Mr. DEUTSCH. Mr. Speaker, I rise in One of my first votes as a Member in cific weapons systems that were to be support of the Taiwan Security En- 1979 was cast in support of the Taiwan sold to Taiwan. Some of these systems hancement Act reported from the Com- Relations Act, the TRA. This Member are appropriate for sale. Some may not mittee on International Relations with is a strong supporter of the TRA, for it be appropriate for sale and some al- 82 bipartisan cosponsors. The Taiwan introduced a very significant measure ready have been provided very effec- Security Enhancement Act will ad- of coherence, consistency, and commit- tively in one way or another. Some vance our obligations under the Tai- ment to our security relationship with weapons systems have, in fact, been wan Relations Act and maintain sta- Taiwan. Under the TRA, the U.S. pro- made available but do not fit the prior- bility within the region. According to vides Taiwan with the defensive weap- ities of the government of Taiwan the Pentagon report submitted to Con- onry and technical expertise to defend themselves. Those facts were brought gress earlier this year, China is cur- itself. It is not a treaty relationship, to the attention of Members in classi- rently engaged in a major buildup of but it does recognize that the military fied briefings, including the primary ballistic missiles on its coast directly might of the People’s Republic of China sponsors of the legislation or their across the strait from Taiwan. Beijing should not determine, simply by brutal staff. is simultaneously increasing pressure force, the final status of the govern- Except in unusual circumstances, it on the U.S. to limit or decrease our ance of Taiwan. admittedly is not an appropriate role sales of defensive weaponry to Taiwan. The second preliminary point I would for the legislative branch to dictate to Both of these factors represent a sub- like to make today for my colleagues the executive branch which weapons to stantial threat to the balance of power who may have some questions about sell to a friend. My colleagues should and, therefore, the stability of the the timing of any action on H.R. 1838, be reminded that we do not do this in area. The United States must remain and I have had those thoughts and con- this legislation and that President steadfast in our commitment to ful- cerns myself. There is never a perfect Reagan and President Bush, of course, filling our obligations under the Tai- time; but, this is the issue that has would not have liked that kind of spe- wan Relations Act in which the U.S. been addressed or considered in the cific requirement. Neither will the next promises to provide Taiwan with the House International Relations Com- President of the United States. But we means to maintain a sufficient self-de- mittee. The legislation we have before have taken the proper, responsible fense capability. Taiwan’s defense ca- us today, after the Rule, H.R. 1838 is course by removing references to spe- pabilities are central to maintaining dramatically different than the bill in- cific legislation and several other ques- the balance of power in the region. troduced in the other body and the tionable or unnecessary directions. This bill is a necessary bipartisan original content of this legislation. For Similarly, this legislation, which we step towards fulfilling our promise to example, Congress Daily’s edition are about to consider after approval of Taiwan. It would increase Taiwan’s de- today is still in error. There are no spe- the Rule, as introduced, would require fense capabilities while at the same cific references to weapons systems in the allocation of additional military time addressing any remaining defi- this legislation as amended. The Inter- training positions over and above Tai- ciencies through establishment of di- national Relations Committee, on a bi- wan’s current generous quota at U.S. rect communications between our mili- partisan basis, as the gentleman from military academies and schools. The taries. This bill would reiterate the Guam has indicated, has worked its issue is not whether or not officers fundamental truth of democracy, that will and made this legislation that I from Taiwan are permitted to train in any determination of the ultimate sta- think should have strong support. the United States, for clearly they are tus of Taiwan must have the express Today, H.R. 1838, expands upon the permitted to do so and are being edu- consent of the people of Taiwan. Taiwan Relations Act. It seeks to en- cated here. Rather, the legislation Finally, the bill would require the sure that training and educational op- seeks to give additional emphasis to President to submit an annual report portunities are available to military such training slots wherever it is pos- to Congress on Taiwan’s defense needs.

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.045 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H109 I urge my colleagues to support this troduced the Taiwan Security En- up for democracy in Taiwan. Our com- legislation. hancement Act last May. This legisla- mitments today will have enormous I would finally, just in closing, talk tion, H.R. 1838, as reported by our Com- implication on the future leadership to my colleagues about the original mittee on International Relations, is role in Asia. China is counting on a re- purpose of the Taiwan Relations Act delicately balanced. It reflects a com- duced military presence in Asia while and really to have an overall view of promise worked out by two of our dis- they are continuing their improve- the region, because this bill is really tinguished Members in this body with ments. I urge all my colleagues to sup- tied into that perception of what is years of experience in Asian security port this act. going on. I think all of us are unani- matters, the gentleman from Nebraska Ms. SLAUGHTER. Mr. Speaker, I mous, both supporters and opponents (Mr. BEREUTER), the chairman of our yield 1 minute to the gentleman from of this legislation, that the ultimate Subcommittee on Asia and the Pacific, Pennsylvania (Mr. HOEFFEL). status really is self-determination of and the gentleman from California (Mr. Mr. HOEFFEL. Mr. Speaker, I thank the people in the various locales in COX), the chairman of our House Re- the gentlewoman for yielding me time. that region, on the island of Taiwan publican Policy Committee. They la- Mr. Speaker, I rise in favor of this itself and in fact ultimately in China bored diligently for many weeks to rule and in favor of this bill. This legis- itself as well. work out language that they believe lation is a response to a number of How can we expect that to occur if appropriately addressed the very sen- events that have happened over the we do not provide defensive means, es- sitive security situation. last 5 years that have shaped the cur- pecially with the intentions that are This is a fair and balanced rule de- rent United States-Taiwan relation- there? We are not committing Amer- serving of our support. Accordingly, ship. The live-fire missile exercises in ican troops by any stretch of the Mr. Speaker, I urge Members to vote in the Taiwan Strait by China and the imagination, but we are hopefully giv- favor of the rule. strong U.S. response reinforced the fact ing the Taiwanese the tools to deter- Mr. DIAZ-BALART. Mr. Speaker, I that Taiwan must be strong militarily. mine their own self-determination, yield 2 minutes to the distinguished This legislation is an attempt to ad- which is a commitment that we have gentleman from New York (Mr. dress these concerns and clarify some made and a commitment that they de- SWEENEY). of the ambiguity that exists in the serve in terms of their own future and Mr. SWEENEY. Mr. Speaker, I think U.S.-Taiwan relationship. I commend their own system of government as it is important that we speak very the gentleman from New York (Chair- well. clearly and distinctly to ensure that man GILMAN) and the ranking member, Mr. DIAZ-BALART. Mr. Speaker, I we protect stability and peace through- the gentleman from Connecticut (Mr. yield 21⁄2 minutes to the gentleman out the world, and that is why I rise GEJDENSON), for improving this bill in from New York (Mr. GILMAN), the dis- today in support of this rule and the the Committee on International Rela- tinguished chairman of the Committee underlying legislation. tions. on International Relations. The Republic of China has proven This bill would improve communica- (Mr. GILMAN asked and was given itself to be a strong, independent de- tions between the United States mili- permission to revise and extend his re- mocracy, in stark contrast from Main- tary and the Taiwan military, it would marks.) land China’s campaign of military and improve the sharing of data, it would Mr. GILMAN. I thank the gentleman psychological intimidation. improve training, it would improve our for yielding me this time. We can take great comfort in our relations. And that is a very good thing Mr. Speaker, I rise in support of H. present state of affairs. However, we to accomplish. It is my hope that Res. 408, the proposed rule to govern must realize that peace is difficult to House passage of this legislation would debate on the Taiwan Security En- achieve and its maintenance is fragile; send a clear signal to China about the hancement Act, H.R. 1838. It is an ap- and one of the greatest threats to that strong U.S. commitment to Taiwanese propriate rule for what will be a very that exists anywhere in the world is no security. important debate. The fact is that Tai- more so in the Taiwan Strait. Taiwan Mr. DIAZ-BALART. Mr. Speaker, I wan’s security is threatened by the ag- is a country that deserves our con- yield 2 minutes to the distinguished gressive policies and the military mod- tinuing support, especially during gentleman from Colorado (Mr. SCHAF- ernization program of the People’s Re- these critical times. FER). public of China. For almost 50 years, In 1979 the United States made an ob- Mr. SCHAFFER. Mr. Speaker, just 3 our Nation has maintained its commit- ligation to this nation to provide de- days ago I had the opportunity to meet ment to Taiwan’s defensive military fensive arms ‘‘in such a quantity as in Los Angeles with Governor Annette capabilities. Ever since we have en- may be necessary to enable Taiwan to Lu, who is one of the regional gov- acted the Taiwan Relations Act over 20 maintain a sufficient self-defense capa- ernors in Taiwan and also a vice-presi- years ago, our Nation has been morally bility.’’ That was a direct quote and dential candidate under the Demo- committed to assuring the security of what should be a continuing commit- cratic Progressive Party in Taiwan. the free people of Taiwan. In 1996, our ment. The election that she is involved in Nation was called on to back up that The Taiwan Security Enhancement will be concluded on March 18th. commitment. Act continues to strengthen this com- We had about a half hour of conversa- With the strong encouragement of mitment. As China continues its drive tion about this very issue. In that con- both houses of Congress, President for military modernization and intensi- versation, she was very direct in point- Clinton deployed two aircraft carrier fies its efforts to procure weapons of ing out the importance of this Con- battle groups to the Taiwan Strait in mass destruction, cross-straight sta- gress, speaking forcefully and boldly response to Beijing’s efforts to coerce bility is at direct risk. with respect to our relationship with the outcome in the election that Tai- It is a known fact that China is using Taiwan and our support for self-deter- wan was holding that year. U.S. satellite and space technology to mination in Taiwan. enhance its national defense economy Mr. Speaker, from the perspective of b 1245 and national prestige and thus poses a this Congress, we really have not been Beijing’s program is clear: they want tremendous threat to Taiwan. ambivalent over the years about where to increase their ability to coerce Tai- Mr. Speaker, today we have an oppor- we stand, where the people of the wan with threats of military force, and tunity to do something positive to United States stand. That position, they are determined to ensure that counter such aggression. The Taiwan however, has been obscured somewhat Taiwan will be helpless in the face of Security Enhancement Act is an excel- by various diplomatic decisions that such threats. Our Nation, along with lent vehicle through which the United have been made, statements coming our allies, must stand firm in con- States can begin to rectify this grow- out of the White House and others. So fronting that threat. ing imbalance. it is important, I submit, to restate It was to underscore our refusal to be Make no mistake, Mr. Speaker, with further clarity and further defini- intimidated that, along with other bi- China, Asia, and the rest of the world is tion our alliance with the people of partisan cosponsors of H.R. 1838, we in- watching to see our resolve in standing Taiwan, our unification and our belief

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.037 pfrm02 PsN: H01PT1 H110 CONGRESSIONAL RECORD — HOUSE February 1, 2000 that democracy works, that freedom is commendation, but our support. The Taiwan does not in any way pose a always better than the tyranny of an economic miracle over which they pre- threat to the People’s Republic of oppressive political form of govern- side every day, the powerhouse of free- China; but Taiwanese example of de- ment, and, particularly at this time, dom and dynamism that their efforts mocracy, freedom of speech and free- where the people of Taiwan are poised represent, should receive our con- dom of thought, do pose a threat to the to make a decision of paramount im- tinuing support. But, more impor- Communist government in Beijing. portance about their own individual fu- tantly, when they are menaced by the Fundamentally, this bill will allow ture, their own individual liberty. threat of being overwhelmed military, our military to have relations with At this time there should be no con- when there are nuclear weapons exer- Taiwanese forces, as close as what the fusion among those in Taiwan as to cises, when there are hostile words spo- Clinton-Gore administration is already where we stand, which is shoulder to ken by the People’s Republic of China, pursuing with the People’s Liberation shoulder with the people of Taiwan. I believe we have a responsibility to Army. This upgrading of our military That is a policy that I, once again, Mr. act forcefully. relations with Taiwan must occur now, Speaker, say has been clearly defined Acting forcefully means being pre- in a time of relative stability. It would by this Congress, clearly defined by the pared militarily. The essence of the bill be too late, if not too provocative, to people of the United States. It is one that is before us is to enhance the pre- accomplish these changes in a time of that needs to be restated right now at paredness of freedom-loving people in actual crisis. But the State Depart- an important time, not only for our- Taiwan and to support that prepared- ment currently bars senior U.S. mili- selves, but for Taiwan as well. It is an ness here in the United States. Mili- tary officers from meeting with their important message to convey, not just tary training, the sharing of tech- Taiwan counterparts, while, mean- to Beijing; it is an important message nology, the reaffirmation of principles while, enhanced contacts between to convey here in Congress and on Cap- that were enacted in the 1979 law are United States and People’s Liberation itol Hill, because we have seen the all very, very appropriate here. Army officers of all ranks has been a record in the past. The relationship between two coun- priority for the Clinton-Gore adminis- Ms. SLAUGHTER. Mr. Speaker, I tries is a complex phenomena. The re- tration. yield 4 minutes to the gentleman from lationship between us and the People’s The Taiwan Security Enhancement New Jersey, (Mr. ANDREWS). Republic of China is a relationship that Act provides that our field rank offi- (Mr. ANDREWS asked and was given will receive great attention on this cers can have the same level of rela- permission to revise and extend his re- floor this year. But I believe that one tions with the friendly defensive force marks.) aspect of that relationship that needs as they currently have with the Com- Mr. ANDREWS. Mr. Speaker, I thank to be reaffirmed with great clarity, munist People’s Liberation Army. my friend from New York for yielding that I would ask us to affirm with This rule and this bill are, as I said, me time. hugely bipartisan. The vote in com- Mr. Speaker, I rise in strong support great clarity here today, is that free- mittee was 32 to 6. The vote today, I of the cause of freedom, in strong sup- dom is not negotiable where we stand, expect, on this rule and on the under- port of a strong foreign policy for our and we do stand with the freedom-lov- country, in support of this rule and ing people of Taiwan. lying bill will be similarly overwhelm- support of this bill. I congratulate and Mr. Speaker, I urge the support and ingly bipartisan for one simple reason: thank the gentleman from New York passage of this rule and this bill. this Congress, Democrats and Repub- Mr. DIAZ-BALART. Mr. Speaker, I licans alike, are committed to freedom (Mr. GILMAN), the gentleman from Con- yield 3 minutes to the distinguished and democracy for the people of Tai- necticut (Mr. GEJDENSON), and the gen- gentleman from California (Mr. COX). wan, for the people of Taiwan and for tleman from California (Mr. LANTOS) and his Democratic colleagues for (Mr. COX asked and was given per- the people of all the world. bringing this important legislation for- mission to revise and extend his re- Ms. SLAUGHTER. Mr. Speaker, I ward. marks.) yield back the balance of my time. I believe we have an emerging con- Mr. COX. Mr. Speaker, I am pleased Mr. DIAZ-BALART. Mr. Speaker, I sensus about U.S. foreign policy that to follow my colleague, the gentleman yield myself such time as I may con- has two points. The first point is that from New Jersey (Mr. ANDREWS). I sume. Mr. Speaker, I agree fully with the we should use our military and diplo- agree entirely with what he said and premise of this legislation. There must matic might to challenge those who with what speakers before him have would use brute force over the rule of said on both sides of the aisle, both on be clarity and certainty in our commit- law, which is why we successfully the subject of this rule and on the un- ment to the security of Taiwan, and interceded in Kosovo, which is why we derlying bill. the reunification of China can only have been willing to exert that force in The passage of this rule, which, as by occur peacefully. It must occur peace- Bosnia, which is why we protected the now it is abundantly clear has won bi- fully. Thus, we stand firmly with the people of the Persian Gulf against the partisan support, will permit us to de- security of our friends on Taiwan. tyranny of Saddam Hussein. It is a bate the Taiwan Security Enhance- b 1300 wise and judicious use of the global ment Act, which will reaffirm Amer- ica’s long-standing Taiwan policy, in Mr. Speaker, I yield back the balance power that we have accumulated of my time, and I move the previous through the courage and conviction of place since President Eisenhower. In 1979 Congress passed the Taiwan question on the resolution. our military leaders, our men and The previous question was ordered. Relations Act, and what we are doing women in uniform, and our diplomats. The resolution was agreed to. The second aspect of our foreign pol- today is making clear that we wish to A motion to reconsider was laid on icy consensus is that we will reward see that act enforced in full. Today, the table. and incentivise democracy, respect for even more than in 1979 when that law Mr. GILMAN. Mr. Speaker, pursuant human rights and the free flow of goods was passed, Taiwanese security is crit- to the provisions of House Resolution and services in the economic realm. I ical to America’s interests. Taiwan is 408, I call up the bill (H.R. 1838) to as- think that is a very wise and prudent now America’s seventh largest trading sist in the enhancement of the security course for us to follow. partner. Taiwan buys far more from of Taiwan, and for other purposes. Now, we have our disagreements as the United States than does the Peo- The Clerk read the title of the bill. to how to apply those principles, and ple’s Republic of China; the sea lanes The SPEAKER pro tempore (Mr. we will have those disagreements as surrounding Taiwan are vital to the LAHOOD). Pursuant to House Resolu- the year goes on, but I believe that economic health of Asia and to the sus- tion 408, the bill is considered read for there is no piece of legislation more tained growth of U.S. exports to Asia; amendment. representative of that principle than and, most important of all, a demo- The text of H.R. 1838 is as follows: the one that will be before us very cratic Taiwan stands as a living exam- H.R. 1838 shortly. ple to all the people of China that they Be it enacted by the Senate and House of Rep- Mr. Speaker, the freedom-loving peo- too can build a prosperous peaceful de- resentatives of the United States of America in ple of Taiwan deserve not only our mocracy. Congress assembled,

VerDate 27-JAN-2000 04:10 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.050 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H111 SECTION 1. SHORT TITLE. face of persistent hostility from the People’s (18) Because of the introduction of ad- This Act may be cited as the ‘‘Taiwan Se- Republic of China. However, pressures to vanced submarines into the Taiwan Strait curity Enhancement Act’’. delay, deny, and reduce arms sales to Taiwan area by the People’s Republic of China and SEC. 2. FINDINGS. have been prevalent since the signing of the the increasing capability of the People’s Re- Congress makes the following findings: August 17, 1982, communique with the Peo- public of China to blockade Taiwan, Taiwan (1) Since 1949, the close relationship be- ple’s Republic of China. Over time, such needs to acquire diesel-powered submarines tween the United States and Taiwan has delays, denials, and reductions could prevent in order to maintain a capability to counter been of enormous benefit to both societies. Taiwan from maintaining a sufficient capa- a blockade, to conduct antisubmarine war- (2) In recent years, Taiwan has undergone bility for self-defense. fare training, and for other purposes. a major political transformation, and Tai- (11) As has been affirmed on several occa- (19) Because of the democratic form of gov- wan is today a true multiparty democracy sions by the executive branch of Govern- ernment on Taiwan and the historically non- with a political system separate from and to- ment, the provisions of the Taiwan Relations aggressive foreign policy of Taiwan, it is tally unlike that of the People’s Republic of Act take legal precedence over any commu- highly unlikely that Taiwan would use sub- China. nique with the People’s Republic of China. marines in an offensive manner. (3) The economy of Taiwan is based upon (12) The People’s Republic of China has (20) The current defense relationship be- free market principles and is separate and consistently refused to renounce the use of tween the United States and Taiwan is defi- distinct from the People’s Republic of China. force against Taiwan and has repeatedly cient in terms of its capacity over the long (4) Although on January 1, 1979, the United threatened force against Taiwan, including term to counter and deter potential aggres- States Government withdrew diplomatic rec- implied threats by unnamed People’s Repub- sion against Taiwan by the People’s Republic ognition of the government on Taiwan as the lic of China officials on January 10, 1999, who of China. legitimate government of China, neither at warned Taiwan not to participate in the de- SEC. 3. SENSE OF CONGRESS. that time nor since has the United States velopment of theater missile defense capa- (a) TRAINING OF TAIWAN MILITARY OFFI- Government adopted a formal position as to bilities with the United States. CERS.—It is the sense of Congress that the the ultimate status of Taiwan other than to (13) The missile firings by the People’s Re- Secretary of Defense and the Secretaries of state that status must be decided by peaceful public of China near Taiwan in August 1995 the military departments should make every means. Any determination of the ultimate and March 1996 clearly demonstrate the will- effort to reserve additional positions for Tai- status of Taiwan must have the express con- ingness of the People’s Republic of China to wan military officers at the National De- sent of the people on Taiwan. use forceful tactics to limit the freedom of fense University and other professional mili- (5) The government on Taiwan no longer the people on Taiwan. tary education schools specified in section claims to be the sole legitimate government (14) As most nations in East Asia reduce 2162(d) of title 10, United States Code, and for of all of China. military spending, the People’s Republic of prospective Taiwan military officers at the (6) The Taiwan Relations Act (Public Law China continues a major and comprehensive United States Military Academy, the United 96–8) states that— military buildup. States Naval Academy, and the Air Force (A) peace and stability in the Taiwan (15)(A) This military buildup includes the Academy. Strait area are in the political, security, and development of advanced ballistic and cruise (b) FOREIGN MILITARY SALES.—It is the economic interests of the United States and missiles that will incorporate precision guid- sense of Congress that the Secretary of State are of international concern; ance capability and the construction of new should, when considering foreign military (B) the decision of the United States to es- imaging, radar, navigation, and electronic sales to Taiwan— tablish diplomatic relations with the Peo- intelligence satellites that will help target (1) take into account the special status of ple’s Republic of China rests upon the expec- and guide ballistic and cruise missiles. Taiwan; and tation that the future of Taiwan will be de- (B) According to the Department of De- (2) make every effort to ensure that Tai- termined by peaceful means; fense report entitled ‘‘The Security Situa- wan has full and timely access to price and (C) the United States would consider any tion in the Taiwan Strait’’, submitted to availability data for defense articles and de- effort to determine the future of Taiwan by Congress in February 1999, the size of the fense services. other than peaceful means, including boy- missile force of the People’s Republic of SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF cotts or embargoes, a threat to the peace and China is expected to grow substantially and, TAIWAN. security of the Western Pacific region and of by 2005, the People’s Republic of China will (a) INCREASE IN TECHNICAL STAFF OF THE grave concern to the United States; possess an ‘‘overwhelming advantage’’ in of- AMERICAN INSTITUTE IN TAIWAN.—Upon the (D) the United States will maintain the ca- fensive missiles vis-a-vis Taiwan. request of the Defense Security Cooperation pacity to resist any form of coercion that (C) The Department of Defense has also Agency, the President shall use funds avail- jeopardizes the security, or the social or the noted that the People’s Republic of China able to the Department of Defense under the economic system, of the people on Taiwan; may already possess the capability to dam- Arms Export Control Act for the assignment and age satellite optical sensors with lasers, is or detail of additional technical staff to the (E) the preservation and enhancement of researching advanced anti-satellite lasers American Institute in Taiwan. the human rights of all the people on Taiwan that could blind United States intelligence (b) ANNUAL REPORTS.—Beginning 60 days are objectives of the United States. satellites, and is procuring radio frequency after the next round of arms talks between (7) On the basis of these provisions, the weapons that disable electronic equipment. the United States and Taiwan, and annually Taiwan Relations Act establishes on the part (D) These missile and anti-satellite capa- thereafter, the President shall submit a re- of the United States a continuing connection bilities pose a grave threat to Taiwan. port to Congress— with and concern for Taiwan, its people, and (16) This military buildup also includes the (1) detailing each of Taiwan’s requests for their ability to maintain themselves free of construction or procurement from abroad of purchase of defense articles and defense serv- coercion and free of the use of force against advanced naval systems, including Russian ices during the one-year period ending on the them. The maintenance by Taiwan of forces Kilo submarines that are difficult to detect, date of the report; adequate for defense and deterrence is in the Russian technology to assist the develop- (2) describing the defense needs asserted by interest of the United States in that it helps ment of new nuclear-powered attack sub- Taiwan as justification for those requests; to maintain peace in the Taiwan Strait area. marines, Russian Sovremenny class destroy- and (8) Since 1954, when the United States and ers armed with supersonic SS–N–22 Sunburn (3) describing any decision to reject, post- Taiwan signed the Mutual Defense Treaty, anti-ship missiles, a new long-range, all- pone, or modify any such request that was the United States and Taiwan have main- weather naval attack aircraft called the JH– made during the one-year period ending on tained a defense and security relationship 7, and new indigenous land-attack cruise the date of the report, the level at which the that has contributed greatly to freedom, missiles that could be launched from sub- final decision was made, and a justification peace, and stability in Taiwan and the East marines, ships, and naval attack aircraft. for the decision. Asia and Pacific regions. These naval capabilities pose a grave threat SEC. 5. STRENGTHENING THE DEFENSE OF TAI- (9) The United States and Taiwan no of blockade to Taiwan. WAN. longer conduct joint training missions, have (17) This military buildup also includes the (a) MAINTENANCE OF SUFFICIENT SELF-DE- no direct military lines of communication, improvement of air combat capabilities by FENSE CAPABILITIES OF TAIWAN.—Congress and have only limited military-to-military procuring and co-producing hundreds of Rus- finds that any determination of the nature contacts. This lack of communication and sian Sukhoi Su–27 fighters, seeking to pur- or quantity of defense articles or defense interoperation between the United States chase Russian Su–30 all-weather attack air- services to be made available to Taiwan that and Taiwan hinders planning for the defense craft, arming these aircraft with advanced is made on any basis other than the defense of Taiwan and could prove detrimental in the air-to-air missiles such as the Russian R–77 needs of Taiwan, whether pursuant to the event of future aggression against Taiwan. missile and other precision guided muni- August 17, 1982, Communique signed with the (10) Since 1979, the United States has con- tions, constructing the indigenously de- People’s Republic of China, or any similar tinued to sell defensive weapons to Taiwan signed J–10 fighter, and seeking advanced executive agreement, order, or policy would in accordance with the Taiwan Relations airborne warning and control systems from violate the intent of Congress in the enact- Act, and such sales have helped Taiwan abroad. These capabilities pose a grave air- ment of section 3(b) of the Taiwan Relations maintain its autonomy and freedom in the borne threat to Taiwan. Act (22 U.S.C. 3302(b)).

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.011 pfrm02 PsN: H01PT1 H112 CONGRESSIONAL RECORD — HOUSE February 1, 2000 (b) PLAN REGARDING COMBINED TRAINING The text of H.R. 1838, as amended, is (11) The Taiwan Relations Act requires AND PERSONNEL EXCHANGE PROGRAMS.— as follows: timely reviews by United States military au- (1) DEVELOPMENT.—The Secretary of De- H.R. 1838 thorities of Taiwan’s defense needs in con- fense, in consultation with the Secretary of nection with recommendations to the Presi- State, shall develop a plan for the enhance- SECTION 1. SHORT TITLE. dent and the Congress. This Act may be cited as the ‘‘Taiwan Se- ment of programs and arrangements for (12) Congress and the President are com- curity Enhancement Act’’. operational training and exchanges of per- mitted by the Taiwan Relations Act to de- sonnel between the Armed Forces of the SEC. 2. FINDINGS. termine the nature and quantity of Taiwan’s United States and the armed forces of Tai- The Congress finds the following: legitimate self-defense needs. (1) Since 1949, the close relationship be- wan for work in threat analysis, doctrine, (13) It is the policy of the United States to tween the United States and Taiwan has force planning, operational methods, and reject any attempt to curb the provision by been of enormous benefit to both societies. other areas. The plan shall provide for ex- the United States of defense articles and (2) In recent years, Taiwan has undergone changes of officers up to and including gen- services legitimately needed for Taiwan’s a major political transformation, and Tai- eral and flag officers in the grade of O–10. self-defense. wan is today a true multiparty democracy (2) REPORT.—Not later than 180 days after (14) In accordance with the Taiwan Rela- with a political system separate from and to- the date of enactment of this Act, the Sec- tions Act, the United States has, since 1979, tally unlike that of the People’s Republic of retary of Defense shall submit a report to sold defensive weapons to Taiwan, and such China. Congress, in classified or unclassified form, sales have helped Taiwan maintain its au- (3) The economy of Taiwan is based upon containing the plan required under para- free market principles and is separate and tonomy and freedom. The Congress supports graph (1). distinct from the People’s Republic of China. the continued provision of additional defense (3) IMPLEMENTATION.—Not later than 210 (4) Although on January 1, 1979, the United articles and defense services in accordance days after the date of enactment of this Act, States Government withdrew diplomatic rec- with the Taiwan Relations Act. the Secretary of Defense shall implement ognition of the government on Taiwan as the (15) It is in the national interest of the the plan required under paragraph (1). legitimate government of China, neither at United States to eliminate ambiguity and (c) COMMUNICATIONS BETWEEN UNITED that time nor since has the United States convey with clarity continued United States STATES AND TAIWAN MILITARY COMMANDS.— Government adopted a formal position as to support for Taiwan, its people, and their Not later than 180 days after the date of en- the ultimate status of Taiwan other than to ability to maintain their democracy free actment of this Act, the Secretary of De- state that status must be decided by peaceful from coercion and their society free from the fense shall establish secure direct commu- means. Any determination of the ultimate use of force against them. Lack of clarity nications between the United States Pacific status of Taiwan must have the express con- could lead to unnecessary misunderstandings military command and the Taiwan military sent of the people on Taiwan. or confrontations between the United States command. (5) The People’s Republic of China refuses and the People’s Republic of China, with (d) MISSILE DEFENSE EQUIPMENT.—Subject to renounce the use of force against demo- grave consequences for the security of the to subsection (h), the President is authorized cratic Taiwan. Western Pacific region. to make available for sale to Taiwan, at rea- (6) The Taiwan Relations Act has been in- (16) A possible consequence of such ambi- sonable cost, theater missile defense equip- strumental in maintaining peace, security, guity and lack of clarity was the People’s ment and related items, including— and stability in the Taiwan Strait and the Republic of China’s decision to conduct mili- (1) ground-based and naval-based missile Western Pacific since its enactment in 1979. tary exercises and live fire missile tests in defense systems; and (7) The Taiwan Relations Act (Public Law the Taiwan Strait in March 1996, necessi- (2) reconnaissance and communications 96–8) states that— tating House Concurrent Resolution 148, ap- systems, as may be necessary to target and (A) peace and stability in the Taiwan proved by the House of Representatives by a cue missile defense systems sold to Taiwan. Strait area are in the political, security, and vote of 369–14 on March 19, 1996, and by the (e) SATELLITE EARLY WARNING DATA.—Sub- economic interests of the United States and Senate by a vote of 97–0 on March 21, 1996, ject to subsection (h), the President is au- are of international concern; which stated that ‘‘the United States, in ac- thorized to make available for sale to Tai- (B) the decision of the United States to es- cordance with the Taiwan Relations Act and wan, at reasonable cost, satellite early warn- tablish diplomatic relations with the Peo- the constitutional process of the United ing data. ple’s Republic of China rests upon the expec- States, and consistent with its friendship (f) AIR DEFENSE EQUIPMENT.—Subject to tation that the future of Taiwan will be de- with and commitment to the democratic subsection (h), the President is authorized to termined by peaceful means; government and people of Taiwan, should as- make available for sale to Taiwan, at reason- (C) the United States would consider any sist in defending them against invasion, mis- able cost, modern air-defense equipment, in- effort to determine the future of Taiwan by sile attack, or blockade by the People’s Re- cluding the following: other than peaceful means, including boy- public of China.’’. Immediately following (1) AIM–120 AMRAAM air-to-air missiles. cotts or embargoes, a threat to the peace and Congressional passage of House Concurrent (2) Additional advanced fighters and air- security of the Western Pacific region and of Resolution 148, the United States deployed borne warning and control systems grave concern to the United States; on an emergency basis two aircraft carrier (AWACS). (D) the United States will maintain the ca- battle groups to the Taiwan Strait, after (3) Equipment to better defend airfields pacity to resist any form of coercion that which the People’s Republic of China ceased from air and missile attack. jeopardizes the security, or the social or eco- further planned military exercises. (4) Communications infrastructure that en- nomic system, of the people of Taiwan; and (17) An earlier consequence of such ambi- ables coordinated joint-force air defense of (E) the preservation and enhancement of guity and lack of clarity was the expressed Taiwan. the human rights of all people on Taiwan are surprise by the People’s Republic of China (g) NAVAL DEFENSE SYSTEMS.—Subject to objectives of the United States. that Congress and the American people fully subsection (h), the President is authorized to (8) The Taiwan Relations Act establishes supported President Lee Teng-hui’s private make available for sale to Taiwan, at reason- on the part of the United States a continuing visit to his alma mater, Cornell University, able cost, defensive systems that counter the connection with and concern for Taiwan and necessitating House Concurrent Resolution development by the People’s Republic of its people. Continued adherence to the Act 53, approved by the House of Representatives China of new naval capabilities, including will help Taiwan to maintain its democracy by a vote of 390–0 on May 2, 1995, and by the defense systems such as— free of coercion and to safeguard its people Senate by a vote of 97–1 on May 9, 1995, which (1) diesel-powered submarines; from the use of force against them. Further- stated such support explicitly. (2) anti-submarine systems, including air- more, the maintenance by Taiwan of forces SEC. 3. TRAINING OF MILITARY OFFICERS AND borne systems, capable of detecting new Kilo adequate for its defense is in the interest of SALE OF DEFENSE ARTICLES AND and advanced Chinese nuclear submarines; the United States in that it helps to main- SERVICES TO TAIWAN. (3) naval anti-missile systems, including tain peace in the Western Pacific region. (a) TRAINING OF TAIWAN MILITARY OFFI- Aegis destroyers, capable of defeating for- (9) The military modernization and weap- CERS.—The Secretary of Defense and the Sec- eign supersonic anti-ship missiles; and ons procurement efforts by the People’s Re- retaries of the military departments shall (4) communications systems that better public of China, as documented in the Feb- make every effort to reserve additional posi- enable Taiwan to conduct joint-force naval ruary 1, 1999, report by the Secretary of De- tions for Taiwan military officers at the Na- defense operations. fense on ‘‘The Security Situation in the Tai- tional Defense University and other profes- (h) RELATION TO ARMS EXPORT CONTROL wan Strait’’, could threaten cross-Strait sta- sional military education schools specified ACT.—Nothing in this section supersedes or in section 2162(d) of title 10, United States modifies the application of section 36 of the bility and United States interests in the Code, and for prospective Taiwan military Arms Export Control Act to the sale of any Asia-Pacific region. officers at the United States Military Acad- defense article or defense service under this (10) The Taiwan Relations Act provides ex- emy, the United States Naval Academy, and section. plicit guarantees that the United States will make available defense articles and services the Air Force Academy. The SPEAKER pro tempore. The necessary in such quantity as may be nec- (b) FOREIGN MILITARY SALES.—The Sec- amendment printed in the bill is adopt- essary to enable Taiwan to maintain a suffi- retary of State shall, when considering for- ed. cient self-defense capability. eign military sales to Taiwan—

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.011 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H113 (1) take into account the special status of Not later than 180 days after the date of the Whip, gentleman from Texas (Mr. Taiwan, including the defense needs of Tai- enactment of this Act, the Secretary of De- DELAY), which I am pleased to cospon- wan in response to the military moderniza- fense shall certify to the Committee on sor. tion and weapons procurement efforts by the International Relations and the Committee Along with other Members on both People’s Republic of China; and on Armed Services of the House of Rep- (2) make every effort to ensure that Tai- resentatives and the Committee on Foreign sides of the aisle, I am increasingly wan has full and timely access to price and Relations and the Committee on Armed concerned that the People’s Republic of availability data for defense articles and de- Services of the Senate that direct secure China, their security policy, and their fense services. communications exist between the armed unprecedented military modernization SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF forces of the United States and the armed efforts, especially as it affects peace TAIWAN. forces of Taiwan. and stability across the Taiwan Strait, (a) INCREASE IN TECHNICAL STAFF OF THE (e) RELATION TO ARMS EXPORT CONTROL is deserving of our attention. AMERICAN INSTITUTE IN TAIWAN.—Upon the ACT.—Nothing in this section supersedes or In fact, in September 1999, Chinese request of the Defense Security Cooperation modifies the application of section 36 of the Premier Zhu Rongji warned that soon- Arms Export Control Act to the sale of any Agency, the President shall use funds avail- er or later the PRC would have to use able to the Department of Defense under the defense article or defense service under this Arms Export Control Act for the employ- section. force against Taiwan to unify it with ment of additional technical staff at the SEC. 6. REPORT REGARDING THE ABILITY OF the Mainland, and I quote, ‘‘because American Institute in Taiwan. THE UNITED STATES TO RESPOND the Chinese people will become impa- (b) ANNUAL REPORTS.—Beginning 60 days IN ASIA-PACIFIC CONTINGENCIES tient,’’ closed quote. after the next round of arms talks between THAT INCLUDE TAIWAN. The reality is that China’s military the United States and Taiwan, and annually (a) REPORT.—Not later than 180 days after power is growing and the moderniza- thereafter, the President shall submit a re- the date of the enactment of this Act, and updated as appropriate, the Secretary of De- tion of the People’s Liberation Army, port to Congress, in classified and unclassi- the PLA, is an important goal of the fied form— fense shall prepare and submit to the chair- (1) detailing each of Taiwan’s requests for men and ranking minority members of the Chinese leadership and part of its game purchase of defense articles and defense serv- Committee on International Relations and plan in regard to Taiwan. Reported ices during the one-year period ending on the the Committee on Armed Services of the plans to a transition from a defensive- date of the report; House of Representatives and the Committee oriented force to an offensive one, with (2) describing the defense needs asserted by on Foreign Relations and the Committee on power projection capabilities, should Taiwan as justification for those requests; Armed Services of the Senate a report in not be viewed as benign, as seen by and classified and unclassified form on the abil- ity of the United States to successfully re- some, but as part of Beijing’s efforts to (3) describing the decision-making process expand China’s ability to address the used to reject, postpone, or modify any such spond to a major contingency in the Asia-Pa- request. cific region where United States interests on Taiwan question militarily. Taiwan are at risk. The PRC’s conventional military SEC. 5. STRENGTHENING THE DEFENSE OF TAI- (b) CONTENTS.—The report described in sub- WAN. buildup is evidenced by a growing section (a) shall include— (a) MAINTENANCE OF SUFFICIENT SELF-DE- short-range ballistic missile arsenal; (1) a description of planning on the na- FENSE CAPABILITIES OF TAIWAN.—Congress the development of airborne warning tional, operational, and tactical levels to re- finds that any determination of the nature and control systems and a variety of spond to, prosecute, and achieve United or quantity of defense articles or defense States strategic objectives with respect to a cruise missiles; and the purchases of services to be made available to Taiwan that major contingency described in subsection advanced Russian fighters, destroyers is made on any basis other than section 3(b) (a); and and antiship missiles, air defense sys- of the Taiwan Relations Act (22 U.S.C. (2) a description of the confidence level of tems and submarines. 3302(b)), whether such alternative basis is the the Secretary of Defense in United States August 17, 1982, communique signed with the These military developments are fur- military capabilities to successfully respond People’s Republic of China, or any similar ther aggravated by Beijing’s outright to such a contingency. executive agreement, order, or policy, would refusal to renounce the use of force (c) PREPARATION OF REPORT.—In preparing violate the intent of Congress in the enact- against Taiwan and its increasingly ag- the report under subsection (a), the Sec- ment of such Act. retary of Defense shall use the resources and gressive rhetoric toward Taipei. (b) COMBINED TRAINING AND PERSONNEL EX- expertise of the relevant unified commands, Regrettably, the policy of the PRC CHANGE PROGRAMS.—Not later than 210 days military departments, the combat support may ultimately force our Nation to un- after the date of enactment of this Act, the agencies, and the defense components of the dertake serious national security pol- Secretary of Defense shall implement a plan intelligence community, as required, and icy decisions involving the employ- for the enhancement of programs and ar- other such entities within the Department of rangements for operational training and ex- ment of American military forces in Defense as the Secretary considers nec- changes of senior officers between the Armed that region. essary. Forces of the United States and the armed In response, our Nation has stead- forces of Taiwan for work in threat analysis, The SPEAKER pro tempore. The gen- fastly met its security commitments to doctrine, force planning, operational meth- tleman from New York (Mr. GILMAN) Taipei as stipulated in the 1979 Taiwan ods, and other areas. At least 30 days prior to and the gentleman from Connecticut Relations Act, the TRA. This means in- such implementation, the Secretary of De- (Mr. GEJDENSON) each will control 30 sisting Taiwan maintain the military fense shall submit the plan to Congress, in minutes. balance of power across the Taiwan classified and unclassified form. The Chair recognizes the gentleman Strait in the face of the PRC’s unprece- (c) REPORT REGARDING MAINTENANCE OF from New York (Mr. GILMAN). SUFFICIENT SELF-DEFENSE CAPABILITIES.— dented military buildup. A failure to Not later than 45 days after the date of the GENERAL LEAVE meet Taiwan’s legitimate defensive enactment of this Act, and annually there- Mr. GILMAN. Mr. Speaker, I ask needs will make China’s military domi- after, the Secretary of Defense shall submit unanimous consent that all Members nance in the Taiwan Strait a reality to the Congress, in classified and unclassi- may have 5 legislative days within and could encourage Beijing to seek fied form, an annual report on the security which to revise and extend their re- the military solution to the Taiwan situation in the Taiwan Strait. Such report marks on the bill under consideration. question. shall include an analysis of the military Mr. Speaker, our Nation has security forces facing Taiwan from the People’s Re- The SPEAKER pro tempore. Is there public of China, evaluating recent additions objection to the request of the gen- commitments to Taiwan. The TRA to the offensive military capability of the tleman from New York? states that peace and stability in the People’s Republic of China. The report shall There was no objection. area are in our Nation’s interest. The include, but not be limited to, an analysis of Mr. GILMAN. Mr. Speaker, I yield future of Taiwan will be determined by the surface and subsurface naval threats, the myself such time as I may consume. peaceful means and any effort to deter- ballistic missile threat, the air threat, and (Mr. GILMAN asked and was given mine the future of Taiwan by other the threat to the military and civilian com- permission to revise and extend his re- than peaceful means will be considered munications links in Taiwan. The report marks.) a threat to the peace and security of shall include a review of the steps taken by the armed forces of Taiwan to address its se- Mr. GILMAN. Mr. Speaker, I rise the western Pacific and of grave con- curity situation. today in support of H.R. 1838, the Tai- cern to our Nation. The United States (d) COMMUNICATIONS BETWEEN UNITED wan Security Enhancement Act intro- will provide Taiwan with arms of a de- STATES AND TAIWAN MILITARY COMMANDS.— duced in the House by the Majority fensive character while maintaining

VerDate 27-JAN-2000 03:56 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.015 pfrm02 PsN: H01PT1 H114 CONGRESSIONAL RECORD — HOUSE February 1, 2000 the capacity to resist any resort to The People’s Republic of China would what we do here today sends a very force or other forms of coercion that have one believe that if the United clear signal that we continue to believe would jeopardize the people of Taiwan. States speaks clearly here, that some- and speak strongly for those demo- An unwillingness to provide for Tai- how that is destabilizing. I would hope cratic values as they exist in Taiwan in wan’s legitimate defensive require- that the people in Beijing recognize the hope that we will see similar insti- ments, including anti-submarine war- that America’s commitment to the tutions develop on the Mainland. fare capacity, naval service combat- independent political system that now Mr. Speaker, I reserve the balance of ants, missile and air defense systems, exists on Taiwan is not an argument my time. could lead to a miscalculation by Bei- against some future mutually-agreed Mr. GILMAN. Mr. Speaker, I want to jing and could lead to a conflict with upon union, but we certainly oppose thank the ranking minority Member, Taiwan or even with our own Nation. any militarily-imposed program. the gentleman from Connecticut (Mr. It is my belief, therefore, Mr. Speak- We see the present situation as this: GEJDENSON), for his supporting re- er, that ensuring and enhancing Tai- A clear statement for the United marks. wan’s ability to defend itself increases States about Taiwan’s right to con- Mr. Speaker, I yield 2 minutes to the the prospects for continued peace and tinue its political operations is critical gentleman from Arizona (Mr. SALMON), stability in northeast Asia and sup- to the whole world. We are particularly a member of our committee. ports our own national interest. The troubled by the Chinese Government Mr. SALMON. Mr. Speaker, since I Congress must act to make clear to and its recent repressive acts, as we see lived in Taiwan in the 1970s, I have Beijing that our Nation will continue what has happened in China with a seen the Republic of China emerge as a its long-standing commitment to a number of groups, attacks on the Inter- leading economic and political force throughout the world. The people of peaceful resolution of the Taiwan net; in Tibet, the situation there con- Taiwan have experienced unprece- issue. I, therefore, support this legisla- tinues to worsen. We feel that this leg- dented prosperity and freedom, lib- tion’s efforts to enhance Taiwan’s self- islation is a clear statement of the erties that we as Americans hold so defense capability and to strengthen commitment of the United States Con- dear. However, I am strongly opposed American foreign policy in the Pacific. gress to the Taiwan Relations Act and to this legislation. Accordingly, I call upon the adminis- to strengthening relations between tration to develop a mechanism for I just led a congressional delegation Congress and Taiwan. to China with five of my colleagues, a consultation with Congress on arms Rather than worrying about this in- bipartisan delegation, where we person- sales to Taiwan as called for in this fis- creasing tensions between the United cal year’s omnibus appropriations bill ally met with President Jiang Zemin States and the Mainland, it should and President Lee Teng-hui. I discussed and the Taiwan Relations Act. The ad- clearly delineate our interests and our ministration’s refusal to consult with the importance of constructive engage- concerns. Where there is less confusion ment between the United States and the Congress on this issue is uncon- and less uncertainty, it should actually scionable and stands in violation of the China and also stressed the signifi- create a more stable situation. cance of continued dialogue between TRA. China itself, the Mainland, has fur- Mr. Speaker, deterring conflict and Mainland China and Taiwan. ther developed its ballistic and cruise promoting peace across the Taiwan Specifically, I raised the issue of Mr. missiles. It has increased the size of its Strait is an important American na- Song Yongyi, a Dickinson College li- missile force. It has acquired and con- tional interest. This bill supports those brarian who was detained last August structed advanced naval systems. It is principles. I am proud to cosponsor this for allegedly trying to smuggle secret in the process of, frankly, improving legislation. It has an impressive array documents out of China. its air capabilities and has been a sig- of cosponsors from both sides of the After discussing very openly and hon- nificant proliferator in a number of aisle, and I want to remind our col- estly the facts surrounding Mr. Song’s dangerous technologies around the leagues that it was a former Member of case, I appealed to President Jiang for Congress, the chairman of our Com- planet, including in Asia and else- his release. mittee on Rules, Mr. Solomon, that where, where Chinese military pro- On Friday, Mr. Song was released and urged this many years ago. I urge my liferation and technology has been returned to Pennsylvania where he was colleagues to strongly support this quite destabilizing. reunited with his wife. I greeted him I believe the Clinton administration measure and to send a signal to the re- Saturday at the airport in Philadel- already fully complies with much of gion that our Nation is engaged and phia. I believe this gesture by the Chi- what is in this legislation. Under the committed to a peaceful resolution of nese government speaks volumes. Taiwan’s future. Clinton administration, the U.S. has Mr. Song’s release is testimony that Mr. Speaker, I reserve the balance of concluded nearly $2 billion in arms engagement, not isolationism, is the my time. sales with Taiwan, which has consist- best course of action for U.S.-Sino rela- Mr. GEJDENSON. Mr. Speaker, I ently ranked among the top recipients tions. yield myself such time as I may con- of U.S. military equipment, and the While I know the intention of this sume. Clinton administration is now in the legislation is to ease tensions and less- Mr. Speaker, I want to commend the process of looking at additional mili- en ambiguity, I believe it will have the gentleman from New York (Chairman tary transfers to Taiwan, as well as as- exact opposite effect. I believe the Tai- GILMAN) on the work he has done to sistance in the training of the military wan relations Act has effectively com- make this a better piece of legislation. personnel. municated the position of the United I think the committee’s effort frankly Communication between Taiwan and States regarding Taiwan. created a product that the majority of the United States will again, frankly, I Furthermore, I have reiterated our Congress can be proud of. think, create a more stable situation. position to the Chinese Government What we have here in 1838, as it was The People’s Republic of China con- that provocation of Taiwan is some- reported from the Committee on Inter- tinues to jail its citizens simply be- thing we take very seriously and our national Relations, is a piece of legisla- cause they want to express their views. support of Taiwan is unequivocal. If tion that clearly states the recognition Whether they are Christians or in they attack Taiwan, we would defend that the United States Congress feels it Tibet, whether they are part of the her. is important for the United States to Falun Gong or other organizations, the In fact, on my recent visit to China, continue, as the Clinton administra- Chinese Mainland has to end these re- I expressed my concern about China’s tion has done and previous administra- strictions against its own people if it position toward Taiwan to the chair- tions have done, to maintain our rela- wants to become a member of the wider man of the Association for Cross Strait tionship with a democratic government world community. Relations, Mr. Wang Daohan. He as- in Taiwan. The U.S. and the U.S. Congress has sured me that a one-China policy could Taiwan is a country with full demo- often been the first institution to mean many things and that they were cratic institutions. It deserves to have speak out for democratic values and very flexible on how to get there. a full measure of support from the democratic countries around the world, I can understand the rationale for United States Congress. and democratic aspirations. I think bringing this legislation to the floor

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.056 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H115 but there are far more productive ways over 20 years. The Taiwan Relations Mr. GILMAN. Mr. Speaker, I am to promote peace and security in the Act, which we all support, which has pleased to yield 2 minutes to the gen- nation. been on the books for more than two tleman from Indiana (Mr. BUYER). In summation, I would just like to decades, was sufficient to provide Tai- Mr. BUYER. Mr. Speaker, I rise in say I think this will have the opposite wan all the conceivable military equip- strong support of the Taiwan Security of the intended effect. It will stifle dia- ment Taiwan needed. It provided a Enhancement Act. This legislation rep- logue between Taiwan and China. It framework for Taiwan to develop one resents a significant step to clearing up will hurt Taiwan. I am pro-Taiwan. I of the most prosperous economies, one any ambiguities with regard to the know the gentleman from California of the most technologically advanced United States’ policies. It is the gov- (Mr. LANTOS) is pro-Taiwan, but we be- economies, on the face of this planet. ernment of the Republic of China, not lieve this is wrong. And, to top it all, it allowed Taiwan to the Communist regime of the Peoples’ Mr. GEJDENSON. Mr. Speaker, I develop a full-fledged functioning polit- Republic, that has free elections and a yield 10 minutes to the gentleman from ical democracy, all this under the Tai- capitalistic system. California (Mr. LANTOS). wan Relations Act. The Republic of China is America’s Mr. LANTOS. Mr. Speaker, I want to If my colleagues had been able to in- ally. It is our strategic partner that thank my friend, the gentleman from dicate that we need something new, supports America’s goals in the Pacific Connecticut (Mr. GEJDENSON), for something special which is not taking region. In essence, we are partners in yielding me this time. place today, I could see some reason for liberty. Both of our countries subscribe Mr. Speaker, this is a fascinating de- this legislation. Even on the issue of to the principles of freedom, the rule of bate because on many issues we clearly providing more space at our military law, human rights, peace, and eco- agree. We certainly agree that the academies for young, qualified Tai- nomic prosperity. Our commitment to United States is absolutely committed wanese officers, there is zero guarantee strengthening this partnership should to the safety and security of Taiwan. in this legislation that a single Tai- be a priority. As a matter of fact, it was the distin- wanese will be able to attend West Repeated Red Chinese military exer- guished chairman of the Committee on Point or Annapolis or the Air Force cises in the Taiwan Straits and its pur- suit to project military power beyond International Relations who reminded Academy as a result of this legislation. its own border continues to threaten us a few minutes ago that when the The legislation does no good. The Taiwan. These aggressive actions only government in Beijing was making hos- question is, does it do any harm. I am serve to undermine the balance of secu- tile moves, this administration sent convinced, Mr. Speaker, it does a great rity in the Pacific Rim and around the two aircraft carrier battle groups to deal of harm. It exacerbates the al- ready tenuous relationship across the world. the Straits of Taiwan to underscore Let me be very clear. The Communist Taiwan Straits. It physically provides our unshakable commitment to the se- regime of the People’s Republic of nothing new for Taiwan except en- curity of Taiwan. China is actively working to under- We all agree on this. We all rejoice in hanced anxiety, and postpones the day mine America’s national security in- the democracy that Taiwan has built when the cross-channel dialogue, the terests, not only in the Taiwan Straits and in the prosperity that its people cross-straits dialogue, will bring about but around the world. One only has to have created. an amicable resolution of the Taiwan- read the book ‘‘Unrestricted War.’’ It This legislation, Mr. Speaker, will China conflict. was recently published by the Red Chi- We are equally committed, all of us not add one single missile to Taiwan’s nese military, and it outlines a strat- defense capability and it will not take in this Chamber, to Taiwan’s physical egy of how to undermine and defeat away one single missile from China’s security, economic prosperity, and po- America’s interests. military capabilities. litical democracy. This measure is not The tenets of this strategy include only redundant, it is counter- b 1315 nontraditional methods of warfare, productive. It will undermine and erode such as terrorism, drug trafficking, en- It will do nothing, repeat, nothing to the stability, however tenuous, in the vironmental degradation, computer enhance the military security of Tai- region without adding a single compo- virus propagation, as well as prolifera- wan. nent which could be pointed to as posi- tion of weapons of mass destruction. Many years ago, when I was a young tive, either in Taiwan-China relations Chinese espionage activity and its faculty member at the University of or in U.S.-Taiwan relations or U.S.- continued pursuit of a combined arms Washington in Seattle, I had two China relations. warfare capability, missile launches in friends, distinguished senior members Sometimes in the legislative process the Taiwan Straits, as well as Beijing’s of the faculty, both of whom hated bills are introduced, people get com- repeated rhetoric of political threats smoking. One of them, who had consid- mitted to them, and then it becomes towards Taiwan, only serve to support erable gravitas and enjoyed great re- embarrassing to say, well, maybe it the strategy. spect, had a sign in his office which was not necessary. Perhaps we should Passage of this bill endorses and sup- said ‘‘no smoking.’’ Nobody ever drop it. That is the situation in which ports Taiwan and its hope for liberty smoked in that office. My other friend, we now find ourselves. and the pursuit of a freely elected and much more easygoing, in some ways I have listened to this debate with one democratic China. I urge my col- less respected, had a sign which said great care. There has not been a single leagues to adopt this resolution. ‘‘positively no smoking.’’ Every time item advanced by any of my good Mr. GEJDENSON. Mr. Speaker, I you went into his office, you could friends on other side of the aisle that yield 3 minutes to the distinguished barely see him because the smoke was would persuade me in the slightest gentleman from New Jersey (Mr. so dense. that this piece of legislation is needed. MENENDEZ). What we are doing now, we are say- Taiwan has received every single (Mr. MENENDEZ asked and was ing the sign ‘‘no smoking’’ does not do military item that it would be able to given permission to revise and extend the job, so we are going to say ‘‘posi- receive under this proposed new legis- his remarks.) tively no smoking,’’ and we think that lation. Our commitment has been Mr. MENENDEZ. Mr. Speaker, I rise this will have a salutary impact. steadfast. The President ordered two today in strong support of the Taiwan Teddy Roosevelt reminded us a long aircraft carrier battle groups to the Security Enhancement Act. I believe time ago that for a superpower to be ef- Taiwan Straits when there was trouble. that once again the time has come for fective, it should talk softly and carry Should there be new trouble, this presi- Congress to stand up for a democratic a big stick. It has been good advice dent or the next president will do the Taiwan, to reconfirm our commitment since Teddy Roosevelt’s day, and it is same. We know this. The Chinese know to Taiwan’s security, and to act in such equally good advice in this instance. this. a way that we ensure the continuation I have not heard one of my colleagues This legislation is a redundancy at of peace, stability, and security in the make one single observation critical of best, and counterproductive at worst. I Taiwan Straits and the Pacific Rim. the Taiwan Relations Act, under which strongly urge my colleagues to defeat Since the passage of the Taiwan Re- we and Taiwan have functioned for it. lations Act of 1979, the Congress has

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.058 pfrm02 PsN: H01PT1 H116 CONGRESSIONAL RECORD — HOUSE February 1, 2000 sought to strengthen U.S.-Taiwanese they said, it is, but in a way, it isn’t. bipartisan support. I believe that some relations and ensure stability in the re- The only thing we ask you is do not day a peaceful Chinese nation can con- gion by establishing that an attack embarrass us. tribute positively to the international against Taiwan is inimical to the secu- This is going to embarrass the Chi- community, but at this time it is dif- rity interests of the United States and nese. It is not necessary. Our policy ficult to place trust in the Chinese gov- will compel an American response. works now. It has worked for over two ernment, given their aggressive pos- China’s true intentions towards Tai- decades. We ought to continue it as it ture toward Taiwan. wan are clear. China is engaged in a is. Mr. Speaker, I have been to China; military buildup in the Taiwan Straits. I oppose the Taiwan Security En- and I have been to Taiwan. As a vis- It is quite likely that the only deter- hancement Act. itor, the first observable difference be- rent to a Chinese invasion of Taiwan is Mr. GEJDENSON. Mr. Speaker, I tween the two is the mainland Chinese the strong security commitment of the yield 2 minutes to the distinguished fear of speaking freely. Taiwan, how- United States for its defense. I believe gentleman from Indiana (Mr. ROEMER). ever, reveals a different story. Free we must balance the desire by those in (Mr. ROEMER asked and was given trade and travel with the global com- this House to trade with China with permission to revise and extend his re- munity have led to the importation of the resolve to send a clear message marks.) the United States’ most precious prin- that that does not mean abandoning Mr. ROEMER. Mr. Speaker, I thank ciple, democracy. the Taiwanese. my distinguished leader, the gentleman Mainland China has never known The Taiwan Security Enhancement from Connecticut, for yielding time to such a freedom and has a long road to Act builds on a policy that has served me. travel. Taiwan, I believe, provides American and Taiwanese interests well Mr. Speaker, I rise in very strong mainland China a road map for and fulfills our commitments to Tai- support of a strong relationship be- progress. They are a shining light in a wan’s security as established by the tween the people of the United States troubled region. We must make sure Taiwan Relations Act. By doing several and the people of Taiwan, but in oppo- that Taiwan is given the chance to con- things that I believe are of consequence sition to this particular legislation. I tinue their progressive trek. The Tai- in terms of military cooperation with do so reluctantly, but I do so for three wan Security Enhancement Act en- Taiwan, in terms of direct communica- reasons: first of all, because of the tim- sures that progress. This bill helps to tions, in terms of Taiwan’s military of- ing of this particular legislation on the foster a policy towards China similar ficers, in exchanges of senior officers, House floor today, when so many im- to that of President Reagan’s towards and in ensuring that they have full ac- portant issues are going to be coming the communist Soviet Union: contain cess to defense articles and defense up with Taiwan and the Peoples’ Re- them militarily, engage them dip- services, we will uphold the detente of public of China and our international lomatically, and flood them with West- deterrence that has served us since relations in the ensuing months; sec- ern goods and influence. It worked for 1979. ondly, because of the military aspects, Russia; it could work for China. Congress was right in 1979 to stand up that we do not need this, that we have Mr. GILMAN. Mr. Speaker, I yield 2 for our democratic ally, Taiwan, and a very strong relationship with the minutes to the gentleman from Ne- we are right today to pass legislation people of Taiwan now. braska (Mr. BEREUTER), the distin- that will ensure another 20-plus years This is articulated very clearly in guished chairman of our Subcommittee of peace, stability, and security in the both the 1979 Taiwan Relations Act and on Asia and the Pacific. region. in the subsequent Shanghai commu- Mr. BEREUTER. Mr. Speaker, I I urge every Member to support this niques. We do not need this. We just thank the gentleman from New York bill. It is a reaffirmation of our sup- had an arms sale a few years ago on F– (Mr. GILMAN) for yielding me this time. port, our support for a democratic Tai- 16s for the people of Taiwan. We will Mr. Speaker, I do support the legisla- wan and the continuation of peace in continue to consider their requests and tion, as I supported the rule. There has Taiwan Straits. probably grant those requests in the been, I think, almost unanimous sup- Mr. GILMAN. Mr. Speaker, I am future. So why do this now, from a port expressed for the Taiwan Rela- pleased to yield 2 minutes to the gen- military perspective or from a timing tions Act of 1979. This legislation has tleman from New York (Mr. HOUGH- perspective? been said to be both extraordinarily TON), a member of our Committee on Thirdly, Mr. Speaker, most impor- significant or perhaps not needed at International Relations. tantly, it very much muddles the very all. Both positions are probably exag- Mr. HOUGHTON. Mr. Speaker, I important relationship that we have gerations, but I would like to address thank the gentleman for yielding time between the people of Taiwan and the one aspect of the Taiwan Relations Act to me. people of the Peoples’ Republic of that is not being implemented today Mr. Speaker, I am not going to speak China. We want our message to be one thereby providing a justification for long, but I really am firmly opposed to of peaceful reconciliation, and that the H.R. 1838. this particular amendment. I do not people of Taipei and the people of Bei- Now, in the legislation before us, sec- know why we are doing this at this par- jing work peacefully through this, and tion 4(b) requires that beginning 60 ticular time. Our policy now is effec- not that the United States stand up on days after the next round of arms sale tive. It has worked for 21 years. Why do the House floor talking about military talks between the U.S. and Taiwan, we change it now, particularly with the answers to these problems in the fu- and one is ongoing now, the President very sensitive elections coming up ture. shall submit a report to Congress in now? We have strong moral support for the classified and unclassified form detail- It is very easy to sit back here and people of Taiwan. We have strategic ing each of Taiwan’s requests, describ- intellectualize on a particular issue advice that we give them now. We ing the defense needs asserted by Tai- from our base in Washington, but if know that they will defend themselves wan and its justification for these re- you are over in that part of the world, with the weapons that we sell them. quests, and a description of the deci- it is perceived differently. Now is not the time for this bill to go sion-making process used to reject, I always remember talking to one of to the House floor. postpone, or modify any such request. our distinguished Secretaries of State In order for Congress to play its ap- b about his setting up an agenda between 1330 propriate role in foreign and defense President Nixon and the Chinese, Mr. GILMAN. Mr. Speaker, I yield 1 relationships generally, but also in re- which happened to be Chou En Lai. He minute to the gentleman from Cali- spect to our TRA commitment to Tai- had at the top of his agenda the Tai- fornia (Mr. CALVERT). wan to provide them necessary defen- wan issue, and at the bottom of the Mr. CALVERT. Mr. Speaker, I rise sive material, we must have this kind Chinese agenda, much to his surprise, today in strong support of H.R. 1838, of report. Why? Because in the Taiwan was the Taiwan issue. He said, I the Taiwan Security Enhancement Relations Act, section 3(b) provides: thought this was very important to Act, which was passed out of the Com- That the President and the Congress shall you. The answer from the Chinese, mittee on International Relations with determine the nature and the quantity of

VerDate 27-JAN-2000 03:56 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.060 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H117 such defense articles and services based sole- and provide additional security for the curity and to maintain stability and ly upon their judgment of the needs of Tai- people of Taiwan, as supporters of the peace in the Taiwan Strait. Today, we wan, in accordance with the procedures es- bill maintain. H.R. 1838 will instead un- are restating that unambiguously so tablished by law. dermine the principal objectives of the that it will be understood by friend and Mr. Speaker, that provision of the Taiwan Relations Act, which was to foe alike. Taiwan Relations Act of 1979 is being help maintain peace, security, and sta- Mr. Speaker, this is the way to have ignored by the Administration and bility in the American Pacific. peace in that region, to make sure therefore Congress is basically not able Passage of the bill would formalize a America stands tall, keeps its commit- to determine what the Taiwanese are military relationship with Taiwan and ments. Lets people know that we still requesting, the nature of the justifica- would be a significant departure from believe in truth and justice and that as tion given, or the Administration’s re- the ‘‘one China’’ policy that has been Taiwan moves forward towards its sponses to arms sale requests of the essential to maintaining stability in democratic elections, and we have this Taiwan government. the region. Not only is the bill unnec- threatening time period where there Now, we understand that the Admin- essary, but the timing of H.R. 1838 is are threats from communist China, istration’s response and even the na- particularly bad. Recent public state- that the United States is not backing ture of the weapons being requested or ments by Taiwan officials concerning down one bit from its commitments. considered cannot be broadly shared. its relationship with China have moved Mr. GILMAN. Mr. Speaker, I yield 1 But we provide them with a method of closer to the concept of sovereignty, minute to the gentleman from Mary- providing us this advice on a classified which has escalated tensions and com- land (Mr. BARTLETT). basis. plicated our ‘‘one China’’ policy. Fur- Mr. BARTLETT of Maryland. Mr. Mr. Speaker, in closing, I want to re- thermore, Taiwan will be holding a Speaker, I rise today in strong support assure my colleagues, by asking them presidential election in March and a of H.R. 1838, the Taiwan Security En- to look at the legislation as amended. new administration will be formed in hancement Act. I believe this bill is an There are, for example, no specific ref- May. We have been urging both sides of extremely important tool in maintain- erences to weapon types. There are the Taiwan Strait to avoid any actions ing the balance of power in the Pacific many, many important changes. I urge that could increase the risk of conflict region. Mainland China, or the PRC, is my colleagues that they can with as- and take advantage of possible new op- currently engaged in a massive buildup surance vote for this legislation. There portunities for dialogue. In addition, of ballistic missiles capable of reaching is never a perfect time to pass such leg- passage of this bill could potentially the shores of Taiwan. When we passed islation in the House and I would have jeopardize our efforts to improve our the Taiwan Relations Act, the United preferred that we act after the Tai- relationships with China. States made a commitment to provide wanese presidential election in April, Let me make clear that I in no way Taiwan with the capability of defend- but America’s commitment to Tai- condone any aggressive actions taken ing itself from aggression. wan’s defense through the TRA is rein- by China against Taiwan which threat- H.R. 1838 reaffirms that commitment, forced by this legislation. ens its security. But adopting policies and I believe most importantly re- Mr. GEJDENSON. Mr. Speaker, I that will further distance us from quires the Secretary of Defense to de- yield 3 minutes to the distinguished China and undermine opportunities for velop a program to enhance oper- gentleman from California (Mr. future dialogue would not be construc- ational training exchanges between the DOOLEY). tive U.S. policy. Undoing any progress militaries of the United States and Mr. DOOLEY of California. Mr. that has been made in negotiations on Taiwan concerning threat analysis, Speaker, I rise today in opposition to such issues as trade and human rights force planning, and operational meth- H.R. 1838, the Taiwan Security En- will not only threaten the future secu- ods. forcement Act. While supporters claim rity of Taiwan, but could impede U.S. Mr. Speaker, H.R. 1838 is a necessary that the bill will increase Taiwan’s se- abilities to advance democracy in the step in fulfilling our promises to Tai- curity, the opposite is true. This legis- region. wan. By passing this legislation, the lation could have serious unintended Mr. Speaker, a policy of economic United States will make a powerful consequences that could potentially and political engagement is the surest statement that aggression toward Tai- threaten Taiwan’s security, undermine way to promote U.S. interests in wan will not be tolerated. our own national security interests, China, to advance democracy and I urge all of my colleagues to support and jeopardize our relationship with human rights, and to secure future eco- this important piece of legislation. China. nomic opportunities for Taiwan, China, Mr. GILMAN. Mr. Speaker, I yield 51⁄2 For more than 2 decades, under the and the United States. minutes to the gentleman from Cali- leadership of Presidents Carter, Mr. GILMAN. Mr. Speaker, I yield 1 fornia (Mr. COX), chairman of the Re- Reagan, Bush and Clinton, the United minute to the gentleman from Cali- publican Policy Committee. States has pursued an extensive and fornia (Mr. ROHRABACHER), one of the Mr. COX. Mr. Speaker, I thank the successful military relationship with senior members of the Committee on gentleman from New York (Mr. GIL- Taiwan through defensive weapons International Relations. MAN) for yielding me this time. sales and informal military assistance. Mr. ROHRABACHER. Mr. Speaker, I Mr. Speaker, I too rise in strong sup- The Taiwan Relations Act passed in rise in strong support of H.R. 1838. I port of this resolution offered by the 1979 has been proven an effective mech- would like to congratulate the gen- gentleman from Texas (Mr. DELAY), anism in helping Taiwan achieve secu- tleman from New York (Chairman GIL- my good friend and colleague. rity, prosperity, and freedom. MAN) for the strong leadership that he This bill was reported from com- H.R. 1338 is simply unnecessary. Sec- has provided us. He has been a stronger mittee with an overwhelmingly bipar- tion 3 of the Taiwan Relations Act al- leader for peace and stability in the tisan vote of 32 to 6. It is because this ready allows the United States to Pacific region than this administra- legislation strengthens and extends the make available to Taiwan such defense tion, unfortunately. long-standing U.S. policy toward Tai- articles and defense services in ‘‘such What the gentleman has been leading wan. That policy most recently was quantity as may be necessary to enable is a bipartisan effort on the part of codified in the 1979 Taiwan Relations Taiwan to maintain a sufficient self- both sides of the aisle to make sure Act. defense capability.’’ that the Communist regime in Beijing Today, even more than in 1979, Tai- The act further states that a deter- knows full well that we stand by our wan’s security is critical to America’s mination of Taiwan’s needs ‘‘shall in- commitments in the Taiwan Relations interests. Taiwan is now the seventh clude a review by the United States Act and we expect Beijing to stand by largest trading partner of the United military authorities in connection with its commitments to the Taiwan Rela- States. Taiwan buys far more from the the recommendations to the President tions Act. United States than does the People’s and Congress.’’ In that agreement, we agreed to pro- Republic of China. The sea lanes sur- So as we can see, the passage of H.R. vide Taiwan the defensive weapons sys- rounding Taiwan are vital to the eco- 1838 will not improve the existing act tems they needed to preserve their se- nomic health of Asia and to the steady

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.063 pfrm02 PsN: H01PT1 H118 CONGRESSIONAL RECORD — HOUSE February 1, 2000 growth of U.S. exports to Asia. But the People’s Republic of China to re- appear, not just from foreign policy, most important of all, a democratic duce or even terminate arms sales to but from domestic policy as well. They Taiwan is a living example to all of the Taiwan, as a consequence of our grow- rather not hear from us, and that is un- people of China that they too can build ing political recognition of the Com- derstandable. for themselves a peaceful, prosperous munists in Beijing. Nothing could be When you are sitting in the White democracy. further from the truth. House, you are down at the Secretary Taiwan does not pose any military The United States has always main- of State’s office, you think you are threat to the People’s Republic of tained that we would support the de- doing just fine and you do not need a China. But Taiwan’s democracy, its mocracy in Taiwan; that we would sup- lot of help; but I think one of the great freedom of speech and freedom of port peaceful discussions; that we things that this institution projects thought, do pose a threat to the Com- would support defensive weaponry for globally is the importance of a legisla- munist government in Beijing. Taiwan for its legitimate defense tive body. This bill will allow our military to needs. I can remember being on this floor have relations with Taiwan’s forces as At the time of the signing of the 17 year after year, cosponsoring and close as what the administration is al- August 1982 communique of U.S. arms speaking on behalf of the resolutions ready putting together with the Com- sales to Taiwan, President Reagan for a free and independent Lithuania, munist People’s Liberation Army. This wrote a four-paragraph memo elabo- Latvia, and Estonia; and oftentimes it upgrading of our military relations rating what had been agreed to. He did seem like a futile effort. And there ought to occur now in a time of rel- wrote that our policy was premised on are many years where it seemed just ative stability, because if we were to the clear understanding the continuity one more time we were stepping for- wait for a time of crisis, it would then of China’s declared fundamental policy ward to restate our commitment to be too late. Indeed, many would say of seeking a peaceful resolution of the their independence, and it would be to then surely it was too provocative. Taiwan issue, quote, ‘‘U.S. willingness no avail. But the State Department currently to reduce its arms sales to Taiwan,’’ To most of the people’s surprise and bars senior U.S. military officers from President Reagan wrote, ‘‘is condi- to, I think, the rejoicing of all of us, we meeting their Taiwanese counterparts. tioned absolutely upon the continued finally saw the Baltic states free. I be- But enhanced contacts between the commitment of China to the peaceful lieve that our actions here today, in United States and People’s Liberation reunification or the peaceful resolution these measured terms that the chair- Army officers of all ranks has been of this issue.’’ man and I and the committee have made a priority of the Clinton-Gore ad- General Xiong’s comments in Wash- worked out, simply restate the com- ministration. ington 4 days ago were not ambiguous; mitment of this Congress to the demo- The Taiwan Security Enhancement neither should United States’ policy be cratic institutions of the people of Tai- Act that we are about to vote upon pro- ambiguous. Our goal here on the floor wan and to the resolution of the dif- vides that our field rank officers can today is, once again, to come together ferences between the mainland and have the same level of relations with a as Democrats and Republicans to state Taiwan, not through military force but friendly defensive force on Taiwan that clearly the view of the legislative through a dialogue. That is what this already they have with the Communist branch on this subject. legislation does. It is consistent with People’s Liberation Army. Just 4 days ago, Deputy Chief of the The United States supports the de- this administration in its actions to General Staff of the People’s Libera- mocracy and the freedom of the people date; it is consistent with every admin- tion Army, General Xiong Guangkai in Taiwan. We will continue to do so. istration since the Taiwan Relations said this about Taiwan. ‘‘We,’’ refer- We will continue to support their right Act has occurred. ring to the People’s Republic of China to be free from aggression militarily by Mr. Speaker, I yield back the balance and the People’s Liberation Army, ‘‘we the People’s Republic of China. We of my time. Mr. GILMAN. Mr. Speaker, I yield will never commit ourselves to re- wish better relations with the PRC. In- such time as he may consume to the nouncing the use of force.’’ General deed, we wish for the people of China gentleman from Texas (Mr. DELAY), Xiong said this not in some obscure that the democracy already exempli- the distinguished majority whip, and I Communist Party military publica- fied by the system that is developed in thank the gentleman from Connecticut tion. He said it here in Washington 4 Taiwan will soon be theirs, that the (Mr. GEJDENSON) for his supportive re- days ago as a guest of the Clinton ad- freedom of speech, the freedom of marks. ministration. thought, the freedom of action, the The Taiwan Security Enhancement freedom of movement, the freedom of Mr. DELAY. Mr. Speaker, I really ap- Act will codify America’s long-stand- conscience, the freedom of religion preciate all the hard work that the ing policy of peaceful cross-strait dia- that they all enjoy will also be the gentleman from New York (Mr. GIL- logue, peaceful conduct of relations be- birthright of every man and woman MAN) has done and the gentleman from tween Beijing and Taipei, peaceful res- born in China in the 21st century. That Connecticut (Mr. GEJDENSON) has done olution of the Taiwan question. And it is the purpose of our vote today; that is on this bill. Working together they will codify, again, our long-standing why it is so fundamentally bipartisan; have done outstanding work, and I am commitments since President Eisen- that is why the vote will be so over- very proud to support this bill. I also want to thank the gentleman hower to provide Taiwan with the de- whelming. from Florida (Mr. DEUTSCH), the gen- fensive military strength needs to I urge all of my colleagues to vote tleman from Nebraska (Mr. BEREUTER), deter the PRC. aye in support of this resolution. The 1979 Taiwan Relations Act I congratulate the chairman and the the gentleman from California (Mr. states, ‘‘The President and the Con- ranking member for their hard work, COX), and the gentleman from Texas gress shall determine the nature and their excellent work on this bill. (Mr. ARMEY) for all their hard work on quantity of such defense articles and Mr. GEJDENSON. I yield myself such this legislation. This bipartisan dedica- services that we will sell to Taiwan time as I may consume. tion to this cause shows how both sides based solely upon their judgment of the Mr. Speaker, I think that we have of the aisle can come together under needs of Taiwan.’’ come here fairly unified, recognizing the goal of peace through strength. the need to make a clear statement Mr. Speaker, I rise today because b 1345 about Congress’ commitment to the Taiwan desperately needs America’s This law calls for annual reporting to people of Taiwan and their democratic help. Throughout the 20th century, the Congress on those sales, because institutions; that we believe any struggling democracies across this the administration has not been con- change in the relationship between globe knew that they could always sulting Congress on these sales as have Taiwan and the mainland must occur count on America for support when been required by the letter and spirit of out of a mutual agreement, not their freedom was threatened. At the the Taiwan Relations Act. through intimidation of force. dawn of a new century, the world must Lastly, it has been argued occasion- Traditionally, every administration be reassured that the United States ally that the United States promised would like to see the Congress dis- will continue to stick by their friends.

VerDate 27-JAN-2000 02:49 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.066 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H119 Taiwan has a strong and vibrant wan Security Enhancement Act honors prosperity comes wider sharing of economy, and in March they will hold our commitment to stability in Taiwan power, a freer flow of information and another free and open election. I ask by increasing cooperation between the the rule of law. That is happening in all my colleagues, is this not the kind U.S. and Taiwanese militaries. It ful- China today. As China becomes more of system we should be backing? Would fills promises this Congress has already integrated into the world economy, the it not be a tragedy for this light to be made to Taiwan and reiterates our na- Chinese leadership is finding it more extinguished because America had her tional agenda of seeking peace through and more difficult to stifle the aspira- head stuck in the sand? strength. tions of their own people. Given the volatility of the situation Simply put, this Congress must sup- b 1400 in the Taiwan Strait, any mixed sig- port democracy in Taiwan. We must nals by our government can easily be honor our commitments in the Far Just last week the Chinese Govern- read by the Communist Chinese as East. Supporting this bill accomplishes ment announced a ludicrous effort to complacency. This Congress must erase these goals. impose tight restrictions on the Inter- any doubt as to whether or not we are Mr. GILMAN. Mr. Speaker, how net. This is swimming against the fully committed to Taiwan, and that is much time do we have remaining? tides, Mr. Speaker. The Internet, al- the purpose of this bill. The SPEAKER pro tempore (Mr. most by definition, is something that defies government control. In fact, this Stability of the entire Asian region is HASTINGS of Washington). The gen- effort is nothing but an unwitting trib- predicated on a balance of power that tleman from New York (Mr. GILMAN) ute to the liberalizing power of the keeps China in check. This bill sta- has 21⁄2 minutes remaining. bilizes Taiwan and the Pacific region Mr. GILMAN. Mr. Speaker, I yield modern information age economy. They cannot be part of the world by strengthening U.S.-Taiwanese co- the balance of my time to the gen- economy without the Internet, but operation. It also reassures Japan, tleman from Texas (Mr. ARMEY), the they cannot have the Internet without South Korea, and all of our Asian allies distinguished majority leader. the free flow of ideas and information, that we will not neglect their best in- Mr. ARMEY. Mr. Speaker, I thank including political ideas. terest under the shadow of a rapidly the gentleman for yielding me this growing Communist China. As long as we continue to expand our time. trade with China and bring China into Despite countless claims by supposed Mr. Speaker, America is not just an- the world economy, the Chinese leaders experts that the People’s Republic is other country. We are the oldest revo- not a threat, Chinese intentions to the will have no choice but to allow great- lutionary nation in the world and the er freedom. Eventually the Chinese contrary are very clear. In fact, they world’s oldest democracy. We have an have been saber rattling for years. A people will insist on the freedom to obligation to the world, a mission, and choose their own leaders. And when clear message was sent when China that is to advance the cause of freedom fired missile tests off the coast of Tai- they do, they are not likely to select around the world. leaders who will make war on Taiwan wan in 1995 and 1996. Since then a mas- Mr. Speaker, I have said it before and sive Chinese missile and military or anyone else. I will say it again: no nation’s people, And how does helping Taiwan further logistical buildup across the Taiwan ever, in the history of the world, have Strait has served as a constant threat. the cause of freedom throughout the done as much as the American people region? By strengthening our security Waiting for the next shoe to fall would have done in the cause of freedom, to be a very costly mistake. ties with Taiwan, we make it clear sacrifice and inconvenience themselves that the American people will stand by Ever since the annexation of Hong not only for their own freedoms but, as Kong and Macao, consuming Taiwan Taiwan if they are attacked. That will we have seen so many times, even for has become a pressing goal for the ex- discourage any country from doing the freedoms of others. This is a proud pansionist Communist government in anything foolish to jeopardize peace heritage we have, and it is a great re- Beijing. To this day the PRC refuses to and prosperity in the area. sponsibility we should keep. denounce the use of force in its quest We all know that wars have often Today we are looking at the Chinese to take back Taiwan. While visiting started from miscalculation. One coun- people. Mr. Speaker, the Chinese peo- Washington, D.C. just 6 days ago, a try attacks another only after wrongly ple are a beautiful people. They are a PRC general asserted, and I quote, ‘‘We assuming that the other countries will wonderful people, and they are divided will never commit ourselves to re- not come to its aid. This bill will help now between two different govern- nouncing the use of force.’’ maintain peace in the Taiwan straits During the 50th anniversary celebra- ments. One is a beautiful democracy, by suggesting in advance that America tions of Chinese communism, held just and the other one is not so grand. But will come to the aid of democratic Tai- last October, a leading reformer in the the Chinese people, whether they live wan. It is entirely consistent with the PRC leadership warned against U.S. in Taiwan or on the mainland, deserve Taiwan Relations Act. support of Taiwan. ‘‘Sooner or later it and want freedom as much as any peo- Mr. Speaker, Taiwan is the first de- will lead to an armed resolution of the ple in the world, and we must respond mocracy in 5,000 years of Chinese his- question,’’ he said. And this is from a to them. tory. It stands as a shining example to so-called reformer. This year the House will vote on two all the people on the mainland and Make no mistake about it, this is a measures that will do that in the East elsewhere of how a country can be both gravely serious situation. Considering Asia region. One is this bill, to rich and free. It shows how a nation what is at stake, the cost of American strengthen our security relationship can emerge from decades of dictatorial assistance is very minimal. The Tai- with democrat Taiwan. The other is a rule and create a government of the wanese are not asking us to send resolution, which we will vote on at people, by the people, and for the peo- troops. They are not asking us to bomb our earliest possible moment, to estab- ple. If we truly love freedom, we must anybody. They simply need strategic lish permanent normal trade relations protect democratic Taiwan. military advice, technological exper- with China. Friends of Taiwan should I ask all our Members to support tise, and access to purchase American not have fear of our greater trade with both security for Taiwan and more defense systems so they can defend China, just as those who want more trade with the Chinese people. To- themselves. trade with China should not object to gether, these policies will help make Without any more hesitation, U.S. us helping Taiwan. Both measures Asia and the Pacific prosperous, peace- policy must support the continued vi- serve exactly the same end, to advance ful and, above all, free. tality and security of this thriving na- the cause of freedom in East Asia and Mr. GILMAN. Mr. Speaker, I thank tion. Under the TRA, the United States the Pacific and specifically on behalf of our majority leader, the gentleman committed to providing defensive capa- the Chinese people. from Texas (Mr. ARMEY), for his kind bility to Taiwan based on their defense How does more trade with China words of support. needs. The need is pressing. The time help? Because aside from religious be- Mr. OBERSTAR. Mr. Speaker, I rise today to act on this promise is now. lief, trade is the single most powerful to express my opposition to H.R. 1838, the Mr. Speaker, American prestige is on force of liberation in human history. Taiwan Security Enhancement Act. I am great- the line in the Taiwan Strait. The Tai- With trade comes prosperity, and with ly troubled by this effort to undermine the

VerDate 27-JAN-2000 04:00 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.069 pfrm02 PsN: H01PT1 H120 CONGRESSIONAL RECORD — HOUSE February 1, 2000 sound, bipartisan foreign policy of the United PRC, we need a coordinated, thoughtful, com- members in the People's Liberation Army States. For more than 20 years, both Demo- prehensive China Policy. (PLA), a million in the People's Armed Police cratic and Republican Administrations have This Resolution is not such a policy! (PAP), and a reserve-militia component of well maintained a policy of ``strategic ambiguity'' re- For example, China wants and needs inte- over 1.5 million personnel. Still, the Clinton ad- garding our relations between China and Tai- gration into the world economy and the WTO. ministration continues to assert that Com- wan, a policy that has served our nation well. It needs the cooperation of the rest of the munist China is not a threat. Yet, mainland The thrust of this legislation abandons the world to accomplish this goal. We need a con- China's growing advantage in military weap- long-standing and successful policy of the Tai- certed, comprehensive international effort to ons and soldiers, and its increasingly bellicose wan Relations Act of 1979, and I oppose this require that as a condition for the many objec- policy statements point to the undisputable misguided attempt to impose a fundamental tives of the PRC, they give the world assur- fact that Communist China is a real and grow- shift in our policy. ances of respect for international law, for the ing threat, and continues to focus on defeating I firmly believe that over time, our strategic rights of the people of Taiwan, and indeed, for Taiwan militarily. interest is best served through increased eco- the rights of their own people. The United States must act. We are the Therefore, I will not support the Taiwan Se- nomic ties and expanded cultural relations only power that can provide Taiwan with the with China. Efforts to promote travel and tour- curity Enhancement Act. Mr. ORTIZ. Mr. Speaker, I rise today in sup- weapons it needs to counter any future main- ism to China and encouraging additional Chi- land Chinese aggression. We have an obliga- nese students to attend our universities will port of the Taiwan Security Enhancement Act. While I support this legislation, the timing of it tion to re-establish oversight of arms sales to significantly improve our relations with China. Taiwan, and force the President to provide However, I do not want this vote to be mis- is no small coincidence given the fact that Taiwan with the weapons and military training interpreted. The United States and the world Congress plans to take up unprecedented it needs. Even though Taiwan will never be on community do not approve the increasingly trade legislation this year involving this region. equal footing with China in terms of numbers, belligerent tone of rhetoric and actions on the Over the years, I have witnessed firsthand the we must give Taiwan the means necessary to part of China against Taiwan. China must un- casual working relationship the people in both protect itself from attack. derstand that the world community expects a the Peoples Republic of China and the Repub- peaceful resolution of the China/Taiwan issue. lic of China have shared. They each have The Taiwan Security Enhancement Act per- Ms. PELOSI. Mr. Speaker, I stand in sup- adapted to their special circumstances with mits the sale of satellite early warning data, port of H.R. 1838 the Taiwan Security En- relative ease. missile defense systems, modern air equip- hancement Act. I believe this bipartisan legis- I have always supported Taiwan's efforts to ment, and naval defense systems. In addition, lation will send a clear message that the U.S. embrace democracy and stability in the region. the Secretary of Defense would be required to will stand firm for democracy and human Furthermore, I truly believe that our efforts to report on Taiwan's requests for defense and rights. We must support the right of the Tai- engage China and to bring them to the table hardware needs. By passing the Taiwan Secu- wanese people to determine their future with- to work and promote trade and growth will rity Enhancement Act Congress will empower out outside military pressure. work only to the advantage of the United Taiwan with the mechanism to improve its We have good reason to be concerned States. It is with this optimism that I ask my self-defense capability and protect itself from about the rapid military buildup just across the colleagues for the continued support of the future coercion from Communist Chinese. It is Taiwan Strait. In 1995 and 1996, the Tai- people of Taiwan while we also work this ses- a small, but vital price to pay, not only to en- wanese people were making history by hold- sion to further strengthen our relationship with sure the survival of a key and loyal ally, but ing their first democratic presidential election. China. our very own survival as well. At the same time, the Chinese government There are many that consider China a con- Mr. TIAHRT. Mr. Speaker, I rise in strong conducted missile tests as a reminder of their stant threat in the Taiwan Straits. That said, it support of H.R. 1838, the Taiwan Security En- true intentions. This was no coincidence. Ac- is my hope that any country in the world, who hancement Act. This bipartisan legislation, cording to a recent Pentagon report, China moves aggressively toward another would be which was reported out of the International has continued to build ballistic missiles just off subject to consequences. Engaging and pro- Relations Committee by a vote of 32±6, reaf- the coast of Taiwan. As we approach the next tecting the interests of our trading partners in firms this Nation's commitment to peace presidential election this March, we must be the Far East is the single most important thing through strength in the Taiwan Strait. I con- aware of the imminent threat to the new de- we can do for all our trading partners there. gratulate the House leadership for beginning mocracy in Taiwan. I remain committed to the Taiwanese people the new session of Congress with the explicit I believe this legislation would be successful and their outlook for the future of their citizens. message that the United States will meet its in strengthening our commitment to the Tai- I also remain committed to the economic en- obligations under the Taiwan Relations Act of wanese people. First, it would enhance Tai- gagement of China through trade and the 1979. wan's self-defense capabilities. Second, this power of the market place. Mr. BARR of Georgia. Mr. Speaker, I rise Under the Taiwan Relations Act, this nation bill affirms that the status of Taiwan must have is committed to providing Taiwan with those the consent of the people of Taiwan. today in support of H.R. 1838, the Taiwan Se- curity Enhancement Act. This bill gives Taiwan defensive weapons systems necessary to pro- Our goals of securing peace and human tect Taiwan from any aggressive actions by rights in China are fully consistent with the at least some of the tools necessary to defend Communist China. Unfortunately, by sending goals of this legislation. I urge my colleagues itself against possible future attacks from out mixed signals to the government of Tai- to vote ``yes'' on this bipartisan legislation. Communist China. Mr. STARK. Mr. Speaker, I rise today to When Congress enacted the 1979 Taiwan wan while concurrently maintaining a policy of commend Taiwan for embracing democracy Relations Act, the intent was to ensure Tai- appeasement with the People's Republic of and striving for complete autonomy from the wan's security would not be compromised, China, the Clinton administration has fostered People's Republic of China (PRC). Taiwan and a self-defense capability would be main- the current environment of tension in the Tai- has liberated itself from the oppressive Chiang tained. The Clinton administration has wrongly wan Strait. Kai-shek regime only to be threatened by the interpreted this act as a ``hands off'' policy and With this legislation, Congress is clearing up current Chinese government. The PRC has a continues to ignore the growing military force any confusion the Clinton administration has history of using coercion to get what it wants, and threat of the Communist Chinese Govern- created regarding this Nation's commitment to and the recent missile tests are no different. ment. a free and democratic Taiwan. Recently, the We all know this is wrong and yet we continue The utter disregard of the Taiwan Relations Pentagon reported that the People's Liberation a ``strategic partnership'' with this barbaric re- Act has placed Taiwan at a clear military dis- Army of China has nearly 100 short-range bal- gime. advantage vis-s-vis mainland China. Reports listic missiles targeted at Taiwan. In addition to Today's resolution, H.R. 1838, the Taiwan indicate the People's Republic of China has a a real increased threat of Chinese cruise mis- Security Enhancement Act, antagonizes the 65 to 4 advantage in submarines, and a 4,500 siles and fighter-bombers, China's dangerous PRC. The title of the bill is misleading. Sure, to 400 numerical advantage in aircraft. The rhetoric and intimidation has led Taiwan to it professes the sense of Congress that we Department of Defense has reported that by publicly express their concern of possible ag- should offer them the military might of the 2005, Communist China would have the capa- gression in the near future. In 1996, China United States, but it will not make Taiwan any bility to attack Taiwan with air and missile performed significant military operations more secure. It only raises tensions in the re- strikes, destroying both key military facilities across the strait from Taiwan and fired several gion. and the island's economic infrastructure. ballistic missiles near Taiwan. To protect the free people of Taiwan and to Beijing continues to maintain a large armed In addition to reconfirming this nation's mili- help the process of democratization in the forces structure, with more than 2.5 million tary commitment to Taiwan, H.R. 1838 will

VerDate 27-JAN-2000 04:00 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\A01FE7.021 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H121 provide for increased training for Taiwan's mili- Mr. Speaker, the United States is firmly and The SPEAKER pro tempore (Mr. tary officers in U.S. military schools and re- unequivocally committed to the protection of HASTINGS of Washington). Pursuant to quire the Secretary of State to make informa- Taiwan's people and democracy, and certainly House Resolution 408, the previous tion regarding defense services fully available no nation knows this better than China. I am question is ordered on the bill, as to the government of Taiwan in an expedited not persuaded that the legislation before us is amended. manner. Furthermore, this legislation will re- necessary nor that it serves to enhance sta- The question is on the engrossment quire the President to report to Congress re- bility in the Taiwan Strait. and third reading of the bill. garding any and all of Taiwan's defense need Mr. KNOLLENBERG. Mr. Speaker, I rise in The bill was ordered to be engrossed requests and Administration decisions on support of H.R. 1838 and I thank my col- and read a third time, and was read the those requests. leagues on both sides of the aisle for their ef- third time. The best way to make sure China will take forts to bring this bill to the floor today. The SPEAKER pro tempore. The Taiwan seriously and treat them fairly in dis- The United States relationship with the Re- question is on the passage of the bill. cussions regarding reunification is to send a public of China is vital to our economic and The question was taken; and the clear and unmistakable message that the national security interests. Through its finan- Speaker pro tempore announced that United States will stand by Taiwan if China cial success and blossoming democracy Tai- the ayes appeared to have it. takes any aggressive action in the Taiwan wan remains a model for other countries in Mr. GILMAN. Mr. Speaker, on that I Strait. Today we have the opportunity to stand Asia, including China, to follow. demand the yeas and nays. up for freedom and democracy and show our The story of Taiwan's economic success is The yeas and nays were ordered. support for the people of Taiwan. now widespread. During and after the Asian fi- The SPEAKER pro tempore. Pursu- Mr. Speaker I urge a bipartisan yes vote for nancial crisis, Taiwan's free-market economy ant to clause 8 of rule XX further pro- the Taiwan Security Enhancement Act. fared much better than its centrally controlled ceedings on this motion will be post- Mr. FALEOMAVAEGA. Mr. Speaker, I rise neighbors. Their economy, in fact, maintained poned until later today. to speak on the legislation before us, H.R. a GDP growth rate of 4.8 percent over 1998. f 1838, the Taiwan Security Enhancement Act, It is also wise for us to remember that Tai- which seeks to promote stability between Tai- wan is the United States 7th largest trading CHILD ABUSE PREVENTION AND wan, the People's Republic of China, and the partner and an important part of the success- ENFORCEMENT ACT United States. ful economy we enjoy today. In February Mr. JENKINS. Mr. Speaker, I move At the outset, I would note that at the heart 1998, Taiwan and the United States nego- to suspend the rules and concur in the of the relationship between Taiwan and the tiated a market access agreement as a prel- Senate amendment to the bill (H.R. United States lies the Taiwan Relations Act, ude to Taiwan's entry into the World Trade Or- 764) to reduce the incidence of child which for over two decades has effectively laid ganization. abuse and neglect, and for other pur- and preserved the foundation for peace and This strong economic relationship with Tai- poses. stability in the Taiwan Strait. wan and our successful negotiations with Tai- The Clerk read as follows: When the security of our friends in Taiwan pei have helped to lead China into its own Senate amendment: was threatened by China in spring of 1996, I successful market access negotiations with Strike out all after the enacting clause and joined with our colleagues in Congress in the United States. Later this year in fact, Con- insert: strongly supporting the Clinton administration's gress will pass legislation to grant China per- TITLE I—THE CHILD ABUSE PREVENTION decision to send the Nimitz and Independence manent normal trade relations status so that AND ENFORCEMENT ACT carrier groups to the Taiwan Strait to maintain United States companies will benefit from Chi- SEC. 101. SHORT TITLE. peace. China's missile tests, military exer- na's entrance into the WTO. This will also im- This title may be cited as the ‘‘Child Abuse cises, and threatened use of force con- prove our ability to provide support for the Chi- Prevention and Enforcement Act’’. travened China's commitment under the 1979 nese people who need our help the most. SEC. 102. GRANT PROGRAM. and 1982 Joint Communiques to resolve Tai- Unfortunately, the administration's confused Section 102(b) of the Crime Identification wan's status by peaceful means. The joint policies and actions in recent years have dam- Technology Act of 1998 (42 U.S.C. 14601(b)) is communiques, in concert with the Taiwan Re- aged our relationship with Taiwan and Con- amended by striking ‘‘and’’ at the end of para- lations Act, lay the framework for our ``One gress must now pass this bill to steer us back graph (15), by striking the period at the end of China'' policy, which fundamentally stresses on the right course. paragraph (16) and inserting ‘‘; and’’, and by The United States, as the world's leading adding after paragraph (16) the following: that force shall not be used in resolution of the ‘‘(17) the capability of the criminal justice sys- Taiwan question. democracy, has a responsibility to support the tem to deliver timely, accurate, and complete Mr. Speaker, the graphic response of the security of Taiwan, one of the world's smallest criminal history record information to child wel- United States in 1996 sent an unequivocal yet one of the most important democracies. fare agencies, organizations, and programs that message to Beijing, as witnessed by the Mrs. FOWLER. Mr. Speaker, I rise in strong are engaged in the assessment of risk and other world, that America would not stand by idly support of H.R. 1838, the Taiwan Security En- activities related to the protection of children, while Taiwan was threatened with China's mili- hancement Act. including protection against child sexual abuse, tary might. The formidable U.S. military pres- This legislation is necessary to reaffirm our and placement of children in foster care.’’. ence in Taiwan's waters, along with the ex- Nation's commitments to Taiwan, an important SEC. 103. USE OF FUNDS UNDER BYRNE GRANT plicit warnings of grave consequences for Chi- partner of our country in the realm of trade, PROGRAM FOR CHILD PROTECTION. Section 501(b) of title I of the Omnibus Crime nese use of force against Taiwan, concretely and a strong proponent of democracy. American policies, which oppose China's Control and Safe Streets Act of 1968 (42 U.S.C. demonstrated our Nation's determination and 3751) is amended— resolve to aid Taiwan in the event of attack. In use of force against Taiwan, need reinforce- (1) by striking ‘‘and’’ at the end of paragraph my view, Mr. Speaker, our actions that were ment now, as Taiwan approaches presidential (25); taken then during the heat of the Taiwan Strait elections. Four years ago, China's leadership (2) by striking the period at the end of para- crisis continue to speak volumes today about conducted a series of missile tests near Tai- graph (26) and inserting a semicolon; and America's unquestioned and unshakeable wanÐa move meant to intimidate the Tai- (3) by adding at the end the following: commitment to Taiwan's security, much more wanese people on the eve of elections then. ‘‘(27) enforcing child abuse and neglect laws, In response, the United States was compelled including laws protecting against child sexual than any policy statements we might adopt abuse, and promoting programs designed to pre- today. to deploy two carrier battle groups in order to vent child abuse and neglect; and Mr. Speaker, under the existing policy of the restore tranquility. ‘‘(28) establishing or supporting cooperative Taiwan Relations Act, our Nation and Taiwan Today, China is engaged in a build-up of programs between law enforcement and media have formed a close partnership that already missile forces that again threatens Taiwan. organizations, to collect, record, retain, and dis- encompasses military relations, meetings of These unwarranted, threatening developments seminate information useful in the identification high-level officials, and extensive transfers of make this bill's consideration today an impera- and apprehension of suspected criminal offend- high-tech defense weaponry. tive. ers.’’. As we examine the legislation before us, I It is patently obvious that Taiwan poses no SEC. 104. CONDITIONAL ADJUSTMENT IN SET ask our colleagues to question whether it actu- threat to China. Military training or other secu- ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS OF CRIME ACT ally enhances the security of Taiwan above rity measures provided to Taiwan by the OF 1984. and beyond what has, what is, and will be pro- United States is strictly oriented towards Tai- (a) IN GENERAL.—Section 1402(d)(2) of the Vic- vided to Taiwan for its legitimate defense wan's defense. As such, this bill merits our tims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) needs under existing policy. strong support. is amended—

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A01FE7.018 pfrm02 PsN: H01PT1 H122 CONGRESSIONAL RECORD — HOUSE February 1, 2000 (1) by striking ‘‘(2) the next $10,000,000’’ and Mr. JENKINS. Mr. Speaker, I yield this bill. It will authorize funds to as- inserting ‘‘(2)(A) Except as provided in subpara- myself such time as I may consume. sist in establishing or supporting coop- graph (B), the next $10,000,000’’; and Mr. Speaker, I rise in support of H.R. erative programs between enforcement (2) by adding at the end the following: ‘‘(B)(i) For any fiscal year for which the 764, the child abuse prevention and en- and media organizations to collect, amount deposited in the Fund is greater than forcement act, as amended and passed record, retain, and disseminate infor- the amount deposited in the Fund for fiscal year by the other body on November 19, 1999. mation useful in the identification and 1998, the $10,000,000 referred to in subparagraph This legislation was introduced by apprehension of suspected criminal of- (A) plus an amount equal to 50 percent of the the gentlewoman from Ohio (Ms. fenders. increase in the amount from fiscal year 1998 PRYCE) last year; and on October 5, Third, H.R. 764 will amend the Vic- shall be available for grants under section 1999, it passed the House by a vote of tims of Crime Act of 1984, which cre- 1404A. 425–2. ated the Crime Victims Fund. The fund ‘‘(ii) Amounts available under this subpara- The purpose of this bill is to increase is financed through the collection of graph for any fiscal year shall not exceed criminal fines, penalty assessments, $20,000,000.’’. the funds available at the State and (b) INTERACTION WITH ANY CAP.—Subsection local level to combat and prevent child and forfeited appearance bonds of per- (a) shall be implemented so that any increase in abuse and neglect. It will do this by sons convicted of crimes against the funding provided thereby shall operate notwith- amending existing grant programs that United States and provides money to standing any dollar limitation on the avail- provide funds to States for crime-re- States to compensate crime victims di- ability of the Crime Victims Fund established lated purposes. rectly and to support public and non- under the Victims of Crime Act of 1984. First, H.R. 764 will amend the Crime profit agencies that provide direct TITLE II—JENNIFER’S LAW Identification Technology Act, a bill services to crime victims. SECTION 201. SHORT TITLE. enacted in 1998 to improve the oper- Under current law, the first $10 mil- This title may be cited as ‘‘Jennifer’s Law’’. ation of the criminal justice system by lion deposited in the fund each year is SEC. 202. PROGRAM AUTHORIZED. upgrading criminal history and crimi- earmarked for grants relating to child The Attorney General is authorized to provide nal justice record systems. abuse prevention and treatment. As grant awards to States to enable States to im- H.R. 764 will amend that Act to au- the fund grows in size, more money prove the reporting of unidentified and missing thorize grants that will help provide should be made available for child persons. timely, accurate, and complete crimi- abuse prevention and treatment. SEC. 203. ELIGIBILITY. nal history record information to child H.R. 764 will permit more money to (a) APPLICATION.—To be eligible to receive a welfare agencies, organizations, and be earmarked for this purpose for any grant award under this title, a State shall sub- fiscal year in which the amount of mit an application at such time and in such programs that conduct risk assessment form as the Attorney General may reasonably and other activities related to the pro- money deposited in the fund exceeds require. tection of children, including protec- what was deposited in fiscal year 1998. (b) CONTENTS.—Each such application shall tion against child sexual abuse and the When more than that amount of money include assurances that the State shall, to the placement of children in foster care. is deposited, 50 percent of the excess greatest extent possible— These agencies and organizations would be allocated for child abuse pre- (1) report to the National Crime Information often do not have access to criminal vention and treatment, but the total Center and when possible, to law enforcement amount available in any fiscal year authorities throughout the State regarding history information and may be un- aware that when they place a child in would not exceed $20 million. every deceased unidentified person, regardless Finally, H.R. 764 was amended by the of age, found in the State’s jurisdiction; foster care or return a child to a parent other body to include Jennifer’s Law, a (2) enter a complete profile of such unidenti- that they are placing the child in the bill introduced by the gentleman from fied person in compliance with the guidelines es- custody of a person with a criminal New York (Mr. LAZIO) which passed the tablished by the Department of Justice for the history. Allowing Federal funds to be House last June by a vote of 370–4. National Crime Information Center Missing and used to provide these agencies access Unidentified Persons File, including dental Jennifer’s Law will authorize the At- to State records will help alleviate this records, DNA records, x-rays, and fingerprints, torney General to award grants to en- problem. if available; able States to improve the reporting of Second, H.R. 764 will modify the Fed- (3) enter the National Crime Information Cen- unidentified and missing persons to ter number or other appropriate number as- eral Crime Control Assistance Pro- Federal and State law enforcement signed to the unidentified person on the death gram, known as the Byrne Grant Pro- agencies to increase the likelihood certificate of each such unidentified person; and gram. This program authorizes the that they will be identified or found. (4) retain all such records pertaining to un- Federal Government to award both identified persons until a person is identified. The bill authorizes the appropriation of block grant and discretionary grants $2 million for each of three fiscal years SEC. 204. USES OF FUNDS. for specified activities. Block grants A State that receives a grant award under this beginning with this fiscal year. title may use such funds received to establish or are allocated to the States on the basis Mr. Speaker, it has been brought to expand programs developed to improve the re- of population and are to be used for my attention that there is a one-word porting of unidentified persons in accordance personnel, equipment, training, tech- drafting error contained in the bill with the assurances provided in the application nical assistance, and information sys- that is technical in nature. The error submitted pursuant to section 203(b). tems to improve criminal justice sys- appears twice in the bill. Following SEC. 205. AUTHORIZATION OF APPROPRIATIONS. tems. consideration of this bill, I will ask There are authorized to be appropriated to The discretionary program funds are unanimous consent that the House carry out this title $2,000,000 for each of fiscal distributed to non-Federal public and years 2000, 2001, and 2002. move to immediate consideration of a private organizations undertaking concurrent resolution I have intro- The SPEAKER pro tempore. Pursu- projects that educate criminal justice duced that directs the enrolling clerks ant to the rule, the gentleman from personnel or that provide technical as- to correct this minor error. Tennessee (Mr. JENKINS) and the gen- sistance to State and local govern- In conclusion, I believe the amend- tleman from Virginia (Mr. SCOTT) each ments. ments made to H.R. 764, including will control 20 minutes. The Byrne Grant Program statute Jennifer’s Law, strengthen the bill; and The Chair recognizes the gentleman specifies 26 permissible uses for these I urge all of my colleagues to support from Tennessee (Mr. JENKINS). funds. H.R. 764 will amend the Grant this important piece of legislation. GENERAL LEAVE Program to add two additional permis- Mr. Speaker, I reserve the balance of Mr. JENKINS. Mr. Speaker, I ask sible uses for these Federal funds. my time. unanimous consent that all Members The first of these was contained in Mr. SCOTT. Mr. Speaker, I yield my- may have 5 legislative days within H.R. 764 when it passed the House last self such time as I may consume. which to revise and extend their re- fall and it would authorize grant Mr. Speaker, the problem of child marks on H.R. 764. money to combat and prevent child abuse and neglect is disturbing and far- The SPEAKER pro tempore. Is there abuse and neglect. reaching. The United States Depart- objection to the request of the gen- The second permissible use was added ment of Health and Human Services, in tleman from Tennessee? by the other body by way of an amend- a report issued in April of last year, in- There was no objection. ment, and I support its inclusion in dicated that there were over 950,000

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.016 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H123 documented cases of child abuse and hard work and dedication of the gentle- the Crime Victims Fund for improving neglect in 1997. woman from Ohio (Mrs. JONES) and the child abuse treatment. The Crime Vic- Further, in an earlier report, HHS in- gentlewoman from Ohio (Ms. PRYCE). I tims Fund comes from forfeited assets, dicated that while the number of child would like to thank them personally forfeited bail bonds and fines paid to abuse and neglect cases has increased for their leadership and bipartisan co- the government, not taxpayers’ dollars. since 1986, the actual number of cases operation which has made this bill pos- These funds can be used for training investigated by State agencies has re- sible. police investigators and child protec- mained about the same. And, therefore, Mr. Speaker, it is clear that preven- tive workers. the proportion of cases investigated tion and early intervention treatment The funds can also be used for build- has decreased from 44 percent in 1986 to for child abuse and neglect victims ing more child advocacy centers, places 28 percent in 1993. benefits everyone. This bill represents where victims of child abuse can re- The failure to adequately address the a positive step in that direction. I, ceive help and treatment in a manner problem of child abuse and neglect is therefore, ask my colleagues to support that will not cause them further emo- costly in many ways. First and fore- the bill. tional and psychological stress. By cre- most, there is the human tragedy re- Mr. Speaker, I reserve the balance of ating these centers, we can overthrow lated to the victimized child. Obvi- my time. the cold, bureaucratic maze of probing ously, abused and neglected children Mr. MCCOLLUM. Mr. Speaker, I ask and prodding which children used to carry physical and emotional scars unanimous consent to claim the time have to endure and replace it with a with them forever affecting every as- allocated to the majority. one-stop experience in a child-friendly pect of their life. The SPEAKER pro tempore (Mr. environment so that examination by In addition, the National Committee HASTINGS of Washington). Is there ob- police, the prosecutors, the doctors, to Prevent Child Abuse estimated in jection to the request of the gentleman and the child protection workers does 1993 that the annual cost of child wel- from Florida? not have the unintended consequence of revictimizing the child abuse victim. fare, healthcare, and out-of-home care There was no objection. Third, the CAPE Act allows existing for abused and neglected children to- Mr. MCCOLLUM. Mr. Speaker, I yield 5 minutes to the gentlewoman from grant funds to be used by States to taled $9 billion. And I must add that help provide child protective services this is a conservative estimate in light Ohio (Ms. PRYCE), the author of this bill. workers access to criminal conviction of the fact that it does not include records and provide law enforcement other related costs, such as long-term Ms. PRYCE of Ohio. I thank the gen- tleman from Florida for yielding me instant and timely access to court physical and mental impairment, child custody, visitation, protection, emergency room care, lost produc- this time. Mr. Speaker, today we consider the guardianship, or stay-away orders. tivity, special education services, and This will ensure that abused and ne- the cost to adjudicate child abuse Child Abuse Prevention and Enforce- ment Act, the CAPE Act, a bill that glected children are placed in foster cases. and adoptive homes as expeditiously as Yet another cost of child abuse is in represents an important step in the fight against child abuse. possible so that they do not languish in the area of increased criminal activity. bureaucratic limbo. Healing for abused According to a 1992 Department of Jus- Children are our Nation’s most pre- cious resource. As a former judge and and neglected children only begins tice report entitled ‘‘The Cycle of Vio- when they are in a permanent, safe en- lence’’, 68 percent of youths arrested prosecutor, I have seen the terrible im- pact that abuse has on the lives of our vironment free from fear and danger. had a prior history of neglect and The CAPE Act accomplishes all this abuse. children. It has an impact that robs them of their childhood and resonates without tapping the United States b 1415 throughout their adult lives, inflicting Treasury. Along with CAPE, today we will be The study also indicated that child- irreparable damage on these children, passing Jennifer’s Law, an inspira- hood abuse increased the odds of future their families and society. As federal tional piece of legislation sponsored by delinquency and adult criminality by legislators, as parents, as individuals, the gentleman from New York (Mr. approximately 40 percent. we have no greater responsibility than LAZIO). It will take great strides in the On the positive side, Mr. Speaker, we to protect our children from this harm. effort to identify missing children and know how to address the problem. The The CAPE Act focuses on two criti- adults. National Child Abuse Coalition reports cally important aspects of child abuse, By taking these steps together, we that family support programs and pa- prevention and improved treatment of can make a difference in the lives of rental education programs have dem- victims. In doing so, it recognizes that children. And we can do this without onstrated that prevention efforts work. the people best equipped to make a dif- additional cost to the taxpayer, as the As we have seen in other areas such as ference for our children are those who CAPE Act will do nothing more than drug treatment programs, community- are on the front lines: the child protec- remove federally imposed straitjackets based programs supporting families tion workers, the police, the judges, on federal funds and give local officials can be implemented to prevent future the court-appointed special advocates, and workers the necessary flexibility child abuse at far less than the dollars the doctors and nurses, the foster fami- to be successful in their struggle that we now spend to treat and manage lies, the nonprofit volunteers. That is against abuse. Given that this bill re- child abuse and neglect problems. just naming a few. These are the people quires so little from us and nothing ad- The legislation being considered who offer the best hope of real progress ditional from the Treasury, can we do today is a step in the right direction. in our ongoing battle against child anything less than pass it today? The bill provides increased grant au- abuse. We must provide them with the Passage of this bill will strengthen thority for services to abused and ne- resources to coordinate their efforts so the national arsenal of resources that glected children and also provides an that recognition of abuse or potential can be used in the prevention and increase in the existing set-aside for abuse situations is swift and treatment treatment of child abuse. I urge my child abuse and neglect cases from the of child abuse victims is handled in a colleagues’ support. I am thankful for Victims of Crime Fund. In addition to manner that adds no more confusion or the continuous support and the hard these important provisions, the Senate fear to an already traumatized child. work of the original cosponsors of this has included a new section entitled The CAPE Act will do this. bill, the gentleman from Texas (Mr. ‘‘Jennifer’s Law.’’ The section provides Briefly, CAPE accomplishes this with DELAY), the gentlewoman from Ohio for a grant program to improve the re- three important steps. First, it pro- (Mrs. JONES), the gentleman from porting for unidentified and missing vides State and local officials the flexi- Pennsylvania (Mr. GREENWOOD), the persons and authorizes $2 million for bility of using existing Byrne law en- gentleman from Illinois (Mr. EWING), that purpose in each of the next 3 fiscal forcement grants, the major source of and the help of the Committee on the years. federal funds to States for fighting Judiciary and all the staff involved. Finally, Mr. Speaker, this bill would crime, for child abuse prevention. Sec- Their efforts toward ending child abuse not have been possible without the ond, it increases the set-aside out of should be commended by all.

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.075 pfrm02 PsN: H01PT1 H124 CONGRESSIONAL RECORD — HOUSE February 1, 2000 We must never waver in our fight to under the Byrne Law Enforcement PRYCE) for all the hard work on this protect our children from abuse and ne- Grant Program for Child Abuse Preven- very, very important issue. glect. We must be ever vigilant, ever tion and is allocated through State and Mr. Speaker, abuse against children resourceful and always striving to do local funding by local officials. As a is one of the unpardonable sins we more to improve the lives of all the Na- former prosecutor, I served on the must all work to end in this century. tion’s children. Byrne Grant Memorial Fund as a per- This Child Abuse Prevention and En- Mr. SCOTT. Mr. Speaker, I yield such son who was responsible for the alloca- forcement Act takes a very big step to- time as she may consume to the gen- tion of those funds. I can recall dis- ward making America safer for all of tlewoman from Ohio (Mrs. JONES), the tinctly that in many instances there our most vulnerable youngsters. With- lead cosponsor on this piece of legisla- could have been opportunities where out question, too many of our young tion who has worked diligently and in our children and family services unit ones are having their innocence a bipartisan fashion. could have applied for funds which stripped away. Two years ago, there Mrs. JONES of Ohio. Mr. Speaker, were dedicated to other programs. I am were 3 million cases of child abuse and first of all I would like to thank the so happy to be able to report to them neglect in this country. Today, as I gentlewoman from Ohio (Ms. PRYCE) that upon the passage of this bill, we speak, there are at least a half a mil- for her support and the work we have will be specifically designating dollars lion American kids in foster care be- done together on this piece of legisla- to allow them to train their people as cause it is not safe enough for them to tion. We two have similar backgrounds, well as to create an advocacy center. live with their own families. coming from the bench as well as serv- In my home, the State of Ohio, there At the federal level, we have to help ing as prosecutors; and we saw this is a child abused or neglected every 3 lift these children out of despair while area as an important part that we need minutes. Every day throughout the simultaneously giving more flexibility to implement here in the Congress. I country, 8,470 children are abused or to States to deal with their local con- would like to thank the gentleman neglected. Throughout America every cerns. In other words, we must take ac- from Virginia (Mr. SCOTT) on the Com- day, 13 children are homicide victims tion and get out of the way and not mittee on the Judiciary for kind of and firearms kill 14 children. interfere with the good work that is al- guiding me through this process. With- CAPE is supported by the National ready taking place. out him, I would not have understood Child Abuse Coalition, which includes Nationally, billions upon billions of some of the things that happened with the Children’s Defense Fund and the dollars have been spent on child wel- this piece of legislation as it went Child Welfare League. It is supported fare programs, but money is not the so- through the process. by Prevent Child Abuse America, the lution and one-size-fits-all federal pro- I rise today to speak in strong sup- Christian Coalition, the Family Re- grams often allow too many children to port of the Child Abuse Prevention and search Council and the National Center fall through the cracks. Such failure Enforcement Act and Jennifer’s Law. for Missing and Exploited Children. directly translates into trouble for our Together, these bills will mean a great Attached to the CAPE Act is communities in the future as children deal for victims and their families Jennifer’s Law. This legislation is an with a bad formation predictably make throughout America. This legislation excellent addition to the bill. The gen- bad choices in life. has deep and diverse support which is tleman from New York (Mr. LAZIO) in- No one is surprised to learn that evidenced in the list of cosponsors on troduced this bill to create within the there is a correlation between adoles- both sides of the aisle. The House has National Crime Information Center a cent crime and child abuse. But this is passed both of these bills on their own link between missing persons files and a cycle of trouble we can beat. CAPE is merit by wide margins in the last ses- unidentified persons files. This will the first step toward this goal. This sion of Congress. Now thanks to the allow the families of missing victims legislation allows State and local offi- foresight of the other body, we have to know their loved one may have been cials to take advantage of existing the opportunity to send these bills to found and end the doubt of not know- Byrne law enforcement grants for child the President together. ing the fate of one of their family abuse prevention work. Child abuse prevention is an ex- members. Prior to this legislation, b 1430 tremely important issue. A child can- there was no sharing between these not grow in an environment in which two computer systems. The cross-ref- It also mandates that localities may he or she is subject to emotional and erencing system that Jennifer’s Law use Identification Technology Act physical abuse. We can offer a helping will create will allow States to apply grants to provide criminal history hand to America’s children through the for competitive grants to cover the records to child protection agencies. passage of this legislation. Through costs of linking to those computer sys- This bill also now includes Jennifer’s CAPE, we are funding child advocacy tems. Law, a sensible measure that simply centers and training those who deal I believe that this combined legisla- makes certain that descriptive case in- with children who are abused. In Cuya- tion will help victims and their fami- formation is reported to the FBI com- hoga County, my experience as a pros- lies in crisis, help them treat victims puter database. These measures simply ecutor and as a judge told me and and inform families of the status of make use of resources that already taught me that there are many in- their loved ones. This bill addresses all exist, while cutting out wasteful repet- stances in which many of our child- aspects of victimization. I strongly itive action from different agencies at abuse protection workers are new to support the legislation and recommend different levels of government. the job, they are undertrained, they to my colleagues that they vote in Along with these steps, CAPE also are overworked and burnout reaches favor of this bill. increases the set-aside for child abuse them very quickly. It is important that Again, I want to thank all of my col- services in the Crime Victims’ Fund, we give them an opportunity to have leagues on both sides of the aisle for all of which comes from non-taxpayer greater insight into the job that they the support that they have given to me dollars. need to perform as well as to give them in the process of putting this piece of In short, this bill expands services, an opportunity to step away, step back legislation through. I look forward to cuts red tape and works within already and be able to see situations as they working with them on other pieces of existing programs. It is good for gov- arise. With better training they will be legislation that will impact families ernment at the federal level, better for able to have an opportunity to prevent throughout America. State governments; and, most impor- abuse and treat the victims of abuse. Mr. McCOLLUM. Mr. Speaker, I yield tantly, it is great for the victims of CAPE will increase the funding avail- 31⁄2 minutes to the gentleman from abuse that it seeks to protect. able. This money will not cost tax- Texas (Mr. DELAY), the majority whip. Just one example of the good work payers any extra money. It will come Mr. DELAY. Mr. Speaker, I too want CAPE assists is the Court Appointed strictly from forfeited bail bonds and to congratulate the gentlewoman from Special Advocates, COSA. COSA is a other fines paid to the government and Ohio (Mrs. JONES) and the gentleman group of volunteers who provide mil- taken from the Crime Victims Fund. from Virginia (Mr. SCOTT) and espe- lions of hours of courtroom support for The allocation of this money comes cially the gentlewoman from Ohio (Ms. abused children. In Texas alone, these

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.077 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H125 programs save the Federal Government Mr. Speaker, in 1993, 21-year-old Jen- under the age of 17 were reported miss- an estimated $80 million a year, at nifer left her family’s suburban New ing in 1999, and more than 700 adults least, all while maximizing support York home for California in pursuit of shared the same fate. These missing services for children and minimizing a dream, a dream to make it on her persons sometimes tragically end up as their time in foster care. But this is own. Nine months later Jennifer’s mom unidentified victims. However, their just one program of many that do tre- sent her a plane ticket to return home families sometimes never find out that mendously good work. for a visit. Jennifer never made it their loved ones have been found. Mr. Speaker, there are no lack of home. She disappeared that day and is These statistics beg the big question: ideas in the fight to prevent child still missing. What might we do to bring some meas- abuse and neglect, but many people do Jennifer’s mom describes her daugh- ure of peace of mind to these families? not know where to start. Supporting ter as an extraordinary, open, caring We can help them know the truth. The this legislation is a good start. and sensitive child. At only 3 years old, bill before us, the CAPE act, includes Mr. SCOTT. Mr. Speaker, I yield 1 Jennifer befriended a local homeless my legislation called Jennifer’s Law. It minute to the gentleman from Mary- man. In her kindergarten class, a class- will provide States the opportunity to land (Mr. CUMMINGS), a strong sup- mate wore a prosthetic arm. The teach- apply for funding to help law enforce- porter of crime prevention initiatives er called Jennifer’s mother one day ment agencies gather all the identi- and effective child advocate. very excited because Jennifer was the fying information about unidentified Mr. CUMMINGS. Mr. Speaker, as only classmate to hold this girl’s hand. victims. This information can then be America’s lawmakers, we direct the And in 5th grade, Jennifer threw a entered into a national database that focus of our Nation through the party for all the kids who never got in- can be cross-referenced with missing stances we take, the resolutions we vited to other parties. persons’ reports. adopt, and the legislation we approve. Jennifer’s disappearance has drained Currently this technology exists and It is important that we take a strong the life out of her family, parents and is available to all law enforcement offi- stand with regard to pressing issues, siblings alike. Jennifer’s brother Ste- cials. However, the problem is that the pressing issues like a child being re- ven was only 14 years old when he system remains severely underutilized. ported abused every 12 minutes in my found out his sister had disappeared. The issue is not negligence, but instead home State of Maryland; pressing His life began to question. He ques- stems from inadequate funding. The issues like 50 out of 1,000 children cur- tioned his sister’s existence and his funds that Jennifer’s Law will bring to rently being reported as maltreated; own worth. He could not understand the States can help eliminate the cruel pressing issues like the 2,000 children a any of it. phrase ‘‘unidentified deceased’’ from year who die from abuse or neglect. Today, 6 years later, Jennifer’s mom, our vocabulary. Jennifer’s Law is de- It is time that we act for our children Susan Wilmer, still suffers terribly, be- signed to bring an end to the unbear- in the way of their protection. H.R. 764 side herself with sadness. And even able uncertainty, the purgatory of the acts by providing increased funding for though her intuition tells her that Jen- unknown. prevention training, child advocacy nifer is not alive, she has not allowed Jennifer is a symbol of the value so- and treatment, and increased access by herself to grieve, and instead floats ciety places on a human life. Every protective service workers with regard somewhere between hope and resigna- person is important, unique, and has to criminal conviction records. tion. worth. Mr. Speaker, we vote today to It is important that the message we Mrs. Wilmer came to me last year recognize that worth, to restore the send to our children is that we are not asking that I help her and other fami- dignity of identity to the victims, and afraid to act in their favor, that we re- lies who have suffered these types of to give families the closure that they alize that they are our future, and that losses. She told me her story. When deserve. they are invaluable. Support H.R. 764. Susan Wilmer reported Jennifer miss- Mr. SCOTT. Mr. Speaker, I yield my- Mr. McCOLLUM. Mr. Speaker, I yield ing to the police, she breathed a sigh of self such time as I may consume. 5 minutes to the gentleman from New relief, knowing that at least that Jen- Mr. Speaker, I want to thank the York (Mr. LAZIO), who was a sponsor of nifer has not been found dead or lying gentleman from Florida (Mr. MCCOL- Jennifer’s Law. in the hospital, unaware that there are LUM) for his leadership in bringing this Mr. LAZIO. Mr. Speaker, I want to people who loved her and missed her. bill to the floor, and particularly thank begin by thanking the gentlewoman Then to her horror, 8 months into the our two colleagues, the gentlewoman from Ohio (Ms. PRYCE) and the gentle- search, she discovered that that wasn’t from Ohio (Mrs. JONES) and the gentle- woman from Ohio (Mrs. JONES) for the case. She found out that our Nation woman from Ohio (Ms. PRYCE), for their great work; the majority whip, does not report bodies to a central their dedication to our children and for the gentleman from Texas (Mr. agency. She found that, in many demonstrating what can happen when DELAY); and of course, the gentleman States, when a body is found, local at- we work together in a constructive, bi- from Florida (Mr. MCCOLLUM). And I tempts are made at identification, pos- partisan planner. I frankly hope that rise in strong support, Mr. Speaker, of sibly through the local TV news or a their work on this bill will be a model the CAPE Act, which includes local paper. She found if no one claims to the way we handle other legislation Jennifer’s Law. the body, it is buried in a Potter’s field on the floor. Mr. Speaker, just about everybody as a Jane or John Doe or a baby Doe. Mr. Speaker, I yield back the balance knows the famous line by Charles The family never gets notified. The of my time. Dickens: ‘‘It was the best of times; it victim’s fingerprints are not taken. No Mr. MCCOLLUM. Mr. Speaker, I yield was the worst of times.’’ As every par- dental records or DNA sample is gath- myself the balance of my time. ent knows, this is a shorthand for the ered. Victims’ families are left to won- The SPEAKER pro tempore (Mr. conflicting feelings we all come to der, going to their grave never quite HASTINGS of Washington). The gen- know once we have children. We start knowing for sure what has happened to tleman from Florida is recognized for with the overwhelming joy of child- the child that they first brought into 45 seconds. birth, when you first hold a beautiful this world. Mr. McCOLLUM. Mr. Speaker, I just new creation, life’s greatest gift, in Unfortunately, Mr. Speaker, this want to say that there is nothing more your arms. It is a humbling experience. story is all too common. People report heart wrenching than child abuse The joys start immediately. The fears thousands of missing persons each cases, than missing children cases. and uncertainties are not really very year. Sadly, many of these people will This bill addresses both of those. far behind. never be found, or are found and not I, too, compliment the gentlewoman For most of us, the fears will never identified. from Ohio (Ms. PRYCE) and the gen- fully be realized. Unfortunately, for For example, last year in New York tleman from New York (Mr. LAZIO) for more parents than we would like to State, more than 4,500 missing persons the initiation of these pieces of legisla- admit, tragedy strikes and their lives were reported, but only 279 unidentified tion that combined here today are be- become a nightmare from which they persons. Back in my home county, Suf- fore us. What we are going to be doing cannot awake. folk County, more than 2,200 children here is providing additional grant

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.084 pfrm02 PsN: H01PT1 H126 CONGRESSIONAL RECORD — HOUSE February 1, 2000 money to the States to let them im- abuse. H.R. 764 would authorize the release just as we have with many other problems in prove their systems, particularly on of additional funding from the Crime Victims the past. missing children and on the question of Fund to be set aside for child abuse and do- To help protect kids, the CAPE act allows child abuse and neglect. mestic assistance program. The bill also ex- local law enforcement and social service The bill will specifically provide the pands the allowable uses of grant money to agencies greater flexibility in using federal opportunity for welfare agencies and protect abused children from further trauma by grants to combat child abuse. others who conduct risk assessments to testifying in court through electronic means, Under this proposal, we've also increased get criminal history records that they and authorized $6 million through FY 2000± the earmarked money within existing accounts have not had access to in the past. It 2002 for states to improve the reporting of for assistance from $10 million to $20 million will provide money that is long over- missing and unidentified persons. to help child abuse victims. due in the sense of what is required Mr. Speaker, I believe this is a strong and Mr. Speaker, I believe that individual com- with regard to a lot of the block grant sound piece of legislation that will help protect munities can be encouraged to do a better job programs that are out there that could our nation's children and I strongly support combating problems like child abuse if Wash- not before be used for the child abuse- H.R. 764. ington steps back and gives them some neglect arena, including the Byrne Mrs. MORELLA. Mr. Speaker, I rise in breathing room. strong support of the Child Abuse Prevention Grant program. The CAPE act does just that. and Enforcement Act offered by Congress- Mr. Speaker, I again compliment my Mr. Speaker, I ask my colleagues, on both woman DEBORARH PRYCE. This bill will expand colleague, the gentleman from Virginia sides of the aisle to support the CAPE Act so child abuse grants and allow states flexibility (Mr. SCOTT), for his work on it; the we can truly begin to make a difference for in programs for child abuse protection services gentlewoman from Ohio (Ms. PRYCE); abused children across America. and programs to prevent the incidents of child the gentleman from New York (Mr. Mr. FOLEY. Mr. Speaker, thousands of chil- abuse. I also want to thank Congressman LAZIO). And I encourage the passage of dren are reported missing each year. To many RICK LAZIO for his work on Jennifer's Law. A this important legislation on child of us, the numbers are nothing more than sta- missing loved one is a terrible trauma to en- abuse, neglect, and missing children. tistics, albeit tragic statistics. But to a unique dure and his efforts will provide those families Ms. STABENOW. Mr. Speaker, I rise today group of people, these numbers represent the and friends with a sense of closure. in support of H.R. 764, the Child Abuse Pre- pain and uncertainty that accompanies the vention and Enforcement Act. This legislation Currently, about 47 out of every 1,000 chil- dren are reported as victims of child mistreat- loss of a child, grandchild, brother, sister, or is similar to H.R. 3902, which I introduced dur- friend. ing the 105th Congress. The bill provides ment. Based on these numbers, more than We should be using every resource within funding for grants that will make the child three children die each day as a result of child our power to find children who are missing or abuse judicial process more effective and re- abuse or neglect or a combination of neglect- to get information about them to their families. sponsive to the needs of the participants. For ful and physically abusive parenting. Approxi- We have the technology to find most of these example, this measure allows for the purchase mately 45 percent of these deaths occurred to children, but as is often the case, the tech- of closed-circuit television equipment so chil- children known to child protective service nology is not being used to its fullest capa- dren can record their testimony instead of ap- agencies as current or prior clients. bility. pearing in court in person. It also provides for The Child Abuse Prevention and Enforce- Jennifer's law will help solve this dilemma. the use of additional court-appointed special ment Act, expands as key element of pre- Linking national missing person files and un- advocates. These are people trained to work venting child abuse and neglect by providing identified persons files will make it much easi- with families as they go through the court sys- access to services that address specific needs er for local, State, and Federal law enforce- tem. Both of these valuable provisions help to of local communities. Services must be re- ment officials to get all of the information they humanize what can be a very intimidating and sponsive to the range of ongoing and chang- need to solve a missing persons case. frightening process. ing needs of both children and families. This During my 16-year career in the Michigan bill allows individual states and communities to We would like to reunite every missing child Legislature, I was a leading advocate on child develop and update their programs to meet with their families, but in reality this is not al- abuse and family issues, and I appreciate the these changing needs. ways possible. Even so, families with missing work of my colleagues Congresswomen DEBO- I urge my colleagues to support the amend- children deserve to have an end to their suf- RAH PRYCE and STEPHANIE TUBBS JONES on ed CAPE Act. fering and a sense of closure. Jennifer's law this matter. Domestic violence and child abuse Mr. EWING. Mr. Speaker, I rise today in will help make this possible. affect the victims for the rest of their lives. It support of the Child Abuse Protection and En- The SPEAKER pro tempore. All time is essential that we do everything in our power forcement ActÐalso known as the CAPE act. has expired. The question is on the mo- The CAPE act is a much needed piece of to make the courts accessible, empathetic in- tion offered by the gentleman from legislation that will not only help children in my stitutions, capable of compassion as well as Tennessee (Mr. JENKINS) that the home state of Illinois, but children in every justice. Without this effort, the future is less House suspend the rules and concur in community across the nation. bright for kids that have already been robbed the Senate amendment to the bill, H.R. In working on this legislation I was shocked 764. of their innocence. I urge all of my colleagues to find out that: to vote for this legislation. The question was taken. Each day there are nearly nine thousand re- Mr. MCCOLLUM. Mr. Speaker, on Mr. WU. Mr. Speaker, I rise in strong sup- ported cases of child abuse or neglect in the port of H.R. 764, the Senate Amendments to that I demand the yeas and nays. United States. That's over 3 million cases per The yeas and nays were ordered. Child Abuse Prevention and Enforcement Act. year. Keep in mind these are only the reported This is a solid piece of legislation that will help The SPEAKER pro tempore. The cases. Chair announces that a 5-minute vote to prevent child abuse, provide assistance to Since 1987 the total number of reports of on the passage of H.R. 1838 will occur victims, and help states to improve the report- child abuse nationwide have gone up by 47 immediately following this vote. ing of unidentified and missing persons. percent. As the Health and Human Service Depart- Of the cases of abuse, 54 percent resulted The vote was taken by electronic de- ment (HHS) recently documented, there was in a fatality and over 18,000 children were per- vice, and there were—yeas 410, nays 2, nearly one million documented cases of child manently disabled as a result of physical not voting 23, as follows: abuse and neglect in the United States in abuse. [Roll No. 4] 1997. This number only reflect the cases that And finally, what is most concerningÐ YEAS—410 were reported and detected by the authorities. Many victims of abuseÐas adolescents or Abercrombie Baldwin Berry In the most advanced economy in the world, adultsÐturn to crime, domestic violence and Ackerman Ballenger Biggert I strongly believe that children should be al- child abuse. Aderholt Barcia Bilbray lowed to grow up as children: To attend These statistics make it clear there is a Allen Barr Bilirakis Andrews Barrett (WI) Bishop schools, to learn and play and enjoy their problem, but for me, what illustrates the prob- Archer Bartlett Blagojevich childhood. No child should be subjected to lem most clearly are the people that I talk to Armey Bateman Bliley abuse and neglect. in my district who work with these kids every Baca Becerra Blumenauer I believe this bill provides a sensible ap- Bachus Bentsen Blunt day. Baird Bereuter Boehlert proach to prevent child abuse and to provide We must put our best efforts forward to ad- Baker Berkley Boehner much-needed assistance to the victims of dress the issue of child abuse here in America Baldacci Berman Bonilla

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.086 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H127 Bonior Goodlatte McCrery Sessions Strickland Velazquez Camp Hoekstra Pickering Bono Goodling McDermott Shadegg Stump Visclosky Canady Holden Pitts Borski Gordon McGovern Shaw Stupak Vitter Cannon Holt Pombo Boswell Goss McHugh Shays Sununu Walden Capps Horn Porter Boucher Granger McInnis Sherman Sweeney Walsh Cardin Hostettler Portman Boyd Green (TX) McIntosh Sherwood Talent Wamp Castle Hoyer Price (NC) Brady (PA) Green (WI) McIntyre Shimkus Tancredo Waters Chabot Hulshof Pryce (OH) Brady (TX) Greenwood McKeon Shows Tanner Watkins Chenoweth-Hage Hunter Quinn Burr Gutierrez McKinney Shuster Tauscher Watt (NC) Clay Hutchinson Radanovich Burton Gutknecht McNulty Simpson Tauzin Watts (OK) Clayton Hyde Rahall Buyer Hall (OH) Meehan Sisisky Taylor (MS) Waxman Clement Inslee Ramstad Callahan Hall (TX) Meek (FL) Skeen Taylor (NC) Weiner Clyburn Isakson Rangel Calvert Hansen Meeks (NY) Skelton Terry Weldon (FL) Coble Istook Regula Camp Hastert Menendez Slaughter Thomas Weldon (PA) Coburn Jefferson Reyes Canady Hastings (FL) Metcalf Smith (MI) Thompson (CA) Weller Collins Jenkins Reynolds Cannon Hastings (WA) Mica Smith (NJ) Thompson (MS) Wexler Combest John Riley Capps Hayes Millender- Smith (TX) Thornberry Weygand Cook Johnson (CT) Rodriguez Capuano Hayworth McDonald Smith (WA) Thune Whitfield Cooksey Johnson, E. B. Rogan Cardin Hefley Miller (FL) Snyder Thurman Wicker Costello Johnson, Sam Rogers Castle Herger Miller, Gary Souder Tierney Wilson Cox Jones (NC) Rohrabacher Chabot Hill (IN) Miller, George Spence Toomey Wise Coyne Kasich Ros-Lehtinen Clay Hill (MT) Minge Spratt Towns Wolf Cramer Kelly Rothman Clayton Hilleary Mink Stabenow Traficant Woolsey Crane Kennedy Roukema Clement Hilliard Moakley Stark Udall (CO) Wu Crowley Kildee Roybal-Allard Clyburn Hinchey Mollohan Stearns Udall (NM) Wynn Cubin Kilpatrick Royce Coble Hobson Moore Stenholm Upton Young (AK) Cummings Kind (WI) Ryan (WI) Coburn Hoeffel Moran (KS) NAYS—2 Cunningham King (NY) Ryun (KS) Collins Hoekstra Moran (VA) Danner Kingston Sandlin Combest Holden Morella Chenoweth-Hage Paul Davis (FL) Kleczka Sawyer Condit Holt Murtha NOT VOTING—23 Davis (VA) Klink Saxton Conyers Hooley Nadler Deal Knollenberg Scarborough Cook Horn Napolitano Barrett (NE) Chambliss Myrick DeGette Kuykendall Schaffer Cooksey Hostettler Neal Barton DeMint Rivers DeLauro LaHood Sensenbrenner Costello Houghton Nethercutt Bass Fattah Sanchez DeLay Lampson Sessions Cox Hoyer Ney Brown (FL) Graham Sanford Deutsch Largent Shadegg Coyne Hulshof Northup Brown (OH) Hinojosa Tiahrt Diaz-Balart Larson Shaw Cramer Hunter Norwood Bryant Jackson-Lee Turner Dickey Latham Shays Crane Hutchinson Nussle Campbell (TX) Vento Dicks LaTourette Sherman Crowley Hyde Oberstar Carson Kaptur Young (FL) Dingell Lazio Sherwood Cubin Inslee Obey Dixon Leach Shimkus Cummings Isakson Olver b 1501 Doolittle Levin Shows Cunningham Istook Ortiz Doyle Lewis (GA) Shuster Danner Jackson (IL) Ose Mr. HILLIARD and Mr. WATKINS Dreier Lewis (KY) Simpson Davis (FL) Jefferson Owens changed their vote from ‘‘nay’’ to Duncan Linder Sisisky Davis (IL) Jenkins Oxley ‘‘yea.’’ Dunn Lipinski Skeen Davis (VA) John Packard So (two-thirds having voted in favor Edwards LoBiondo Slaughter Deal Johnson (CT) Pallone Ehrlich Lowey Smith (MI) DeFazio Johnson, E. B. Pascrell thereof), the rules were suspended and Emerson Lucas (KY) Smith (NJ) DeGette Johnson, Sam Pastor the Senate amendment was concurred Engel Lucas (OK) Smith (TX) Delahunt Jones (NC) Payne in. English Luther Smith (WA) DeLauro Jones (OH) Pease A motion to reconsider was laid on Eshoo Maloney (CT) Souder DeLay Kanjorski Pelosi Etheridge Maloney (NY) Spence Deutsch Kasich Peterson (MN) the table. Everett Manzullo Spratt Diaz-Balart Kelly Peterson (PA) Stated for: Ewing Markey Stabenow Dickey Kennedy Petri Ms. SANCHEZ. Mr. Speaker, during rollcall Farr Martinez Stearns Dicks Kildee Phelps Fletcher Mascara Stenholm Dingell Kilpatrick Pickering vote No. 4 on February 1, 2000, I was un- Foley McCarthy (MO) Stump Dixon Kind (WI) Pickett avoidably detained. Had I been present, I Forbes McCarthy (NY) Stupak Doggett King (NY) Pitts would have voted ``yea.'' Ford McCollum Sununu Dooley Kingston Pombo Fossella McCrery Sweeney Doolittle Kleczka Pomeroy f Fowler McHugh Talent Doyle Klink Porter Frank (MA) McInnis Tancredo Dreier Knollenberg Portman TAIWAN SECURITY ENHANCEMENT Franks (NJ) McIntosh Tanner Duncan Kolbe Price (NC) ACT Frelinghuysen McIntyre Tauscher Dunn Kucinich Pryce (OH) Frost McKeon Tauzin Edwards Kuykendall Quinn The SPEAKER pro tempore (Mr. Gallegly McNulty Taylor (MS) Ehlers LaFalce Radanovich HASTINGS of Washington). The pending Ganske Meehan Taylor (NC) Ehrlich LaHood Rahall Gejdenson Meeks (NY) Terry Emerson Lampson Ramstad business is the question of the passage Gekas Menendez Thomas Engel Lantos Rangel of the bill, H.R. 1838, on which further Gephardt Metcalf Thompson (MS) English Largent Regula proceedings were postponed. Gibbons Mica Thornberry Eshoo Larson Reyes The Clerk read the title of the bill. Gilchrest Millender- Thune Etheridge Latham Reynolds Gillmor McDonald Thurman Evans LaTourette Riley The SPEAKER pro tempore. The Gilman Miller (FL) Toomey Everett Lazio Rodriguez question is on the passage of the bill on Gonzalez Miller, Gary Towns Ewing Leach Roemer which the yeas and nays are ordered. Goode Miller, George Traficant Farr Lee Rogan Goodlatte Moakley Udall (CO) Filner Levin Rogers This is a 5-minute vote. Goodling Mollohan Udall (NM) Fletcher Lewis (CA) Rohrabacher The vote was taken by electronic de- Gordon Moore Upton Foley Lewis (GA) Ros-Lehtinen vice, and there were—yeas 341, nays 70, Goss Moran (KS) Velazquez Forbes Lewis (KY) Rothman not voting 23, as follows: Granger Morella Visclosky Ford Linder Roukema Green (TX) Murtha Vitter Fossella Lipinski Roybal-Allard [Roll No. 5] Green (WI) Napolitano Walden Fowler LoBiondo Royce YEAS—341 Greenwood Nethercutt Walsh Frank (MA) Lofgren Rush Gutknecht Ney Wamp Franks (NJ) Lowey Ryan (WI) Ackerman Bateman Boehlert Hall (OH) Northup Watkins Frelinghuysen Lucas (KY) Ryun (KS) Aderholt Becerra Bonilla Hall (TX) Norwood Watt (NC) Frost Lucas (OK) Sabo Allen Bentsen Bonior Hansen Ortiz Watts (OK) Gallegly Luther Salmon Andrews Bereuter Bono Hastings (WA) Ose Waxman Ganske Maloney (CT) Sanders Armey Berkley Boswell Hayes Packard Weiner Gejdenson Maloney (NY) Sandlin Bachus Berman Boucher Hayworth Pallone Weldon (FL) Gekas Manzullo Sawyer Baird Berry Boyd Hefley Pascrell Weldon (PA) Gephardt Markey Saxton Baker Biggert Brady (PA) Herger Pastor Weller Gibbons Martinez Scarborough Baldacci Bilbray Brady (TX) Hill (MT) Pease Wexler Gilchrest Mascara Schaffer Ballenger Bilirakis Burr Hilleary Pelosi Weygand Gillmor Matsui Schakowsky Barcia Bishop Burton Hilliard Peterson (PA) Whitfield Gilman McCarthy (MO) Scott Barr Blagojevich Buyer Hobson Petri Wicker Gonzalez McCarthy (NY) Sensenbrenner Bartlett Bliley Callahan Hoeffel Phelps Wilson Goode McCollum Serrano Barton Blunt Calvert

VerDate 27-JAN-2000 04:37 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.031 pfrm02 PsN: H01PT1 H128 CONGRESSIONAL RECORD — HOUSE February 1, 2000 Wise Woolsey Wynn which none of us want. It is strictly The SPEAKER pro tempore. Without Wolf Wu Young (AK) that: To correct a minor drafting error. objection, the resignation is accepted. NAYS—70 Mr. SCOTT. Mr. Speaker, I withdraw There was no objection. Abercrombie Jackson (IL) Owens my reservation of objection. f Archer Jones (OH) Oxley The SPEAKER pro tempore. Is there COMMUNICATION FROM THE Baca Kanjorski Paul objection to the request of the gen- Baldwin Kolbe Payne SPEAKER Barrett (WI) Kucinich Peterson (MN) tleman from Florida? Blumenauer LaFalce Pickett There was no objection. The SPEAKER pro tempore laid be- Boehner Lantos Pomeroy The Clerk read the concurrent reso- fore the House the following commu- Borski Lee Roemer nication from the Speaker of the House Capuano Lewis (CA) Rush lution, as follows: Condit Lofgren Sabo H. CON. RES. 245 of Representatives: Conyers Matsui Salmon Resolved by the House of Representatives (the OFFICE OF THE SPEAKER, Davis (IL) McDermott Sanders Senate concurring), That in the enrollment of HOUSE OF REPRESENTATIVES, DeFazio McGovern Schakowsky Washington, DC, February 1, 2000. Delahunt McKinney Scott the bill (H.R. 764) to amend the Victims of Doggett Meek (FL) Serrano Crimes Act of 1984, with respect to certain Hon. LARRY COMBEST, Dooley Minge Skelton increases in funds, the Clerk of the House Committee on Agriculture, Ehlers Mink Snyder shall make the following corrections: Washington, DC. Evans Moran (VA) Stark In section 104(a)(1), in the matter amend- DEAR MR. CHAIRMAN: This is to advise you Filner Nadler Strickland ing section 1402(d)(2) of the Victims of that Representative VIRGIL GOODE’S election Hastings (FL) Neal Thompson (CA) Crimes Act of 1984— to the Committee on Agriculture has been Hill (IN) Nussle Tierney (1) strike ‘‘the next’’ the first place it automatically vacated pursuant to clause Hinchey Oberstar Waters 5(b) of rule X effective today. Hooley Obey appeas and insert ‘‘The first’’; and Houghton Olver (2) strike ‘‘the next’’ the second place it Sincerely, appears and insert ‘‘the first’’. J. DENNIS HASTERT, NOT VOTING—23 The concurrent resolution was agreed Speaker of the House. Barrett (NE) DeMint Myrick f Bass Fattah Rivers to. Brown (FL) Graham Sanchez A motion to reconsider was laid on COMMUNICATION FROM THE Brown (OH) Gutierrez Sanford the table. SPEAKER Bryant Hinojosa Tiahrt Campbell Jackson-Lee Turner f The SPEAKER pro tempore laid be- Carson (TX) Vento SUNDRY MESSAGES FROM THE fore the House the following commu- Chambliss Kaptur Young (FL) PRESIDENT nication from the Speaker of the House b 1513 of Representatives: Sundry messages in writing from the Mr. PAYNE and Mr. RUSH changed President of the United States were OFFICE OF THE SPEAKER, their vote from ‘‘yea’’ to ‘‘nay.’’ HOUSE OF REPRESENTATIVES, communicated to the House by Mr. Washington, DC, February 1, 2000. Ms. EDDIE BERNICE JOHNSON of Shermon Williams, one of his secre- Texas and Mr. FORD changed their Hon. JAMES A. LEACH, taries. Committee on Banking, House of Representa- vote from ‘‘nay’’ to ‘‘yea.’’ f tives, So the bill was passed. Washington, DC. The result of the vote was announced COMMUNICATION FROM CHAIRMAN DEAR MR. CHAIRMAN: This is to advise you as above recorded. OF DEMOCRATIC CAUCUS that Representative Virgil Goode’s election A motion to reconsider was laid on The Speaker pro tempore (Mr. to the Committee on Banking has been auto- matically vacated pursuant to clause 5(b) of the table. HASTINGS of Washington) laid before rule X effective today. Stated for: the House the following communica- Ms. SANCHEZ. Mr. Speaker, during rollcall Sincerely, tion from the Hon. MARTIN FROST, J. DENNIS HASTERT, vote No. 5 on February 1, 2000 I was un- Chairman of the Democratic Caucus: Speaker of the House. avoidably detained. Had I been present, I DEMOCRATIC CAUCUS, HOUSE OF REP- f would have voted ``yea.'' RESENTATIVES, LONGWORTH HOUSE f OFFICE BUILDING, WASHINGTON, ELECTION OF MEMBER TO COMMITTEE ON APPROPRIATIONS CORRECTING TECHNICAL ERRORS DC, January 27, 2000. IN ENROLLMENT OF H.R. 764, Mr. WATTS of Oklahoma. Mr. Speak- Hon. DENNIS HASTERT, er, I offer a resolution (H. Res. 410) and CHILD ABUSE PREVENTION AND Speaker, House of Representatives, The Capitol, ENFORCEMENT ACT Washington, DC. I ask unanimous consent for its imme- DEAR MR. SPEAKER: This is to notify you diate consideration in the House. Mr. MCCOLLUM. Mr. Speaker, I ask The SPEAKER pro tempore. The unanimous consent to take from the that the Honorable Virgil Goode of Virginia has resigned as a Member of the Democratic Clerk will report the resolution. Speaker’s table the concurrent resolu- Caucus. The Clerk read as follows: tion (H. Con. Res. 245) to correct tech- Sincerely, H. RES. 410 nical errors in the enrollment of the MARTIN FROST, Resolved, That the following named Mem- bill H.R. 764, and ask for its immediate Chairman, Democratic Caucus. ber be, and he is hereby, elected to the fol- consideration in the House. f lowing standing committee of the House of The Clerk read the title of the con- Representatives: current resolution. RESIGNATION AS MEMBER OF Committee on Appropriations: Mr. Goode The SPEAKER pro tempore. Is there COMMITTEE ON APPROPRIATIONS of Virginia. objection to the request of the gen- The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Is there tleman from Florida? fore the House the following resigna- objection to the request of the gen- Mr. SCOTT. Mr. Speaker, reserving tion as a member of the Committee on tleman from Oklahoma? the right to object, I yield to the gen- Appropriations: There was no objection. tleman from Florida (Mr. MCCOLLUM) JANUARY 31, 2000. The resolution was agreed to. to explain the purpose of the resolu- SPEAKER OF THE HOUSE, A motion to reconsider was laid on tion. DEAR SPEAKER HASTERT. It has been a the table. Mr. MCCOLLUM. Mr. Speaker, the privilege to serve on the Appropriations f purpose of this request is to direct the Committee at such an important time. I appreciate your confidence in me and ELECTION OF MEMBER TO COM- Enrolling Clerk to correct a minor look forward to other opportunities to ad- MITTEE ON BANKING AND FI- drafting error in the bill, H.R. 764, we vance our agenda for America. NANCIAL SERVICES just passed on child abuse. Please consider this letter my resignation Mr. FROST. Mr. Speaker, I offer a b 1515 from the Appropriations Committee as of the above date. resolution (H. Res. 411) and ask unani- Failure to do so would result in a de- Sincere Regard, mous consent for its immediate consid- fective bill being sent to the President, ROY BLUNT. eration in the House.

VerDate 27-JAN-2000 04:37 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.033 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H129 The SPEAKER pro tempore. The ference to insist that such provisions be paid can be reconciled, repassed by the Clerk will report the resolution. for. House and Senate so the legislation The Clerk read as follows: The SPEAKER pro tempore. Pursu- can actually go to the President for his H. RES. 411 ant to the rule, the gentleman from Ar- signature. Resolved, that the following named Member kansas (Mr. BERRY) and the gentleman If somebody wants a patient protec- be, and is hereby, elected to the following from California (Mr. THOMAS), each tion bill with solid standards and with standing Committee on the House of Rep- will be recognized for 30 minutes. the acceptable practices that several resentatives: The Chair recognizes the gentleman years ago we voted very noncontrover- Committee on Banking: Ms. Lee of Cali- from Arkansas (Mr. BERRY). sially in the Medicare provisions, like fornia to rank immediately after Mr. Meeks Mr. BERRY. Mr. Speaker, I yield my- emergency rooms, like no-gag rules, of New York. self such time as I may consume. like the other provisions that we have The SPEAKER pro tempore. Is there Mr. Speaker, it has been 3 months already passed, then this is exactly the objection to the request of the gen- since the House passed a bipartisan Pa- wrong motion to offer. tleman from Texas? tients’ Bill of Rights legislation. The If Members want to keep a football There was no objection. American people still do not have pro- kicking even after the Superbowl, if The resolution was agreed to. tections they want and deserve. Mr. they want to play politics with the A motion to reconsider was laid on Speaker, last night, I offered the mo- issue, this is exactly the kind of mo- the table. tion to instruct conferees. The con- tion that they would offer. f ferees deserve the opportunity to meet So, Mr. Speaker, I am sorry that we on this legislation. We need to get to are beginning this year with this kind REPORT ON RESOLUTION PRO- work on finishing the job the American of deceptive action, and I certainly VIDING FOR CONSIDERATION OF people sent us here to do. would urge Members that what they H.R. 2005, WORKPLACE GOODS Last October, the House passed a ought to do is allow the conference to JOB GROWTH AND COMPETITIVE- strong bill. That is what I am asking do its work, come to a successful con- NESS ACT OF 1999 the House to do now. Let the conferees clusion, and not inhibit it by making Mr. REYNOLDS, from the Com- meet. Let the Congress vote on a demands that on their face cannot be mittee on Rules, submitted a privi- strong bill that will give the American met. leged report (Rept. No. 106–491) on the people the patient protection they de- Mr. Speaker, I reserve the balance of resolution (H. Res. 412) providing for serve and are asking for. my time. Mr. BERRY. Mr. Speaker, I yield 1 consideration of the bill (H.R. 2005) to While we delay, millions of American minute to the gentleman from Michi- establish a statute of repose for dura- families needlessly suffer from the con- gan (Mr. DINGELL). ble goods used in a trade or business, sequences of allowing HMO bureaucrats (Mr. DINGELL asked and was given which was referred to the House Cal- to make medical decisions. Let us permission to revise and extend his re- endar and ordered to be printed. allow medical decisions to be made by marks.) f doctors and patients, not someone be- Mr. DINGELL. Mr. Speaker, this is a hind a desk. Americans want a bill that MOTION TO INSTRUCT CONFEREES very simple resolution. It is one upon has a strong independent review of which the House has, in substance, ON H.R. 2990, QUALITY CARE FOR HMO decision. They want a bill that is THE UNINSURED ACT OF 1999 voted not once, but twice before. It is a going to address the unfortunate case good resolution. It simply says two Mr. BERRY. Mr. Speaker, I offer a when the HMO causes injury or wrong- things: One, that the conference should privileged motion to instruct conferees ful death, that they will be held re- commence its business quickly; and on the bill (H.R. 2990) to amend the In- sponsible like any other business in two, that the conference should keep in ternal Revenue Code of 1986 to allow in- America. mind and support the House-adopted dividuals greater access to health in- Congress needs to take action on position with regard to Patients’ Bill surance through a health care tax de- passing the bipartisan legislation to of Rights. duction, a long-term care deduction, provide the American people with basic I am rather distressed to hear the and other health-related tax incen- protections and basic guarantees when gentleman from California (Mr. THOM- tives, to amend the Employee Retire- it comes to managed care. AS), my old friend, talk about this as ment Income Security Act of 1974 to Mr. Speaker, I reserve the balance of being political. It is not. It is simply provide access to and choice in health my time. orderly business of the House provided care through association health plans, Mr. THOMAS. Mr. Speaker, I yield for in the rules. It is a resolution which to amend the Public Health Service myself such time as I may consume. is going to expedite the process. There Act to create new pooling opportuni- Mr. Speaker, this is, once again, the is no politics here. ties for small employers to obtain kind of political move that belies the The House has spoken on this matter greater access to health coverage argument that people want to come to not once, but twice. The people want through HealthMarts; to amend title I a successful conclusion on a Senate- it. The country needs it. The House of the Employee Retirement Income passed bill and a House-passed bill. We should vote affirmatively on this so Security Act of 1974, title XXVII of the would have no ability whatsoever to that we can proceed in an orderly and Public Health Service Act, and the In- reconcile the differences between the speedy fashion towards the adoption of ternal Revenue Code of 1986 to protect bills if the Senate were to insist on its a piece of legislation that the people consumers in managed care plans and position and, in fact, the House voted, have said is not only needed, necessary, other health coverage; and for other as this measure indicates they want us but badly wanted and very, very useful purposes. to vote, to lock ourselves into our posi- to the people in the country. The SPEAKER pro tempore. The tion. Mr. Speaker, I urge a favorable vote Clerk will report the motion. Now, first of all, we know that mo- on the resolution, I commend my good The Clerk read as follows: tions to instruct are not binding; that friend for his resolution and I urge my Mr. BERRY moves that the managers on the Members do not have to follow the vote colleagues to vote affirmatively and to part of the House at the conference on the one way or the other. But it is a clear do so amicably and in the goodwill that disagreeing votes of the two Houses on the indication that somebody wants polit- is deserved. Senate amendment to the bill H.R. 2990 be ical game playing rather than a solu- Mr. THOMAS. Mr. Speaker, I yield 3 instructed. tion. minutes to the gentleman from Geor- (1) to take all necessary steps to begin Mr. Speaker, I stand prepared as a gia (Mr. NORWOOD), the cosponsor of meetings of the conference committee in conferee, as I am sure all the other the legislation. And I would tell the order to report back expeditiously to the conferees are prepared, to sit down and, gentleman from Michigan (Mr. DIN- House; and (2) to insist on the provisions of the Bipar- over some very difficult subject mat- GELL) that my point is substantiated tisan Consensus Managed Care improvement ter, come to mutual agreement so that, by the next speaker. Most of us re- Act of 1999 (Division B of H.R. 2990 as passed as the Constitution requires, bills that ferred to that bill as the Dingell-Nor- by the House), and within the scope of con- differ in passing the House and Senate wood bill.

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.099 pfrm02 PsN: H01PT1 H130 CONGRESSIONAL RECORD — HOUSE February 1, 2000 Mr. NORWOOD. Mr. Speaker, I thank b 1530 ment, accept the bill that was voted on the gentleman from California (Mr. It is time for this Congress to act, the floor of the House. That is pure un- THOMAS) for yielding me this time. Mr. and that is why my friend from Arkan- adulterated politics. Speaker, I want to be very clear. I cer- sas is offering this motion. Mr. Speaker, I yield 2 minutes to the tainly support the conference com- This bill has been in conference for gentleman from Iowa (Mr. GANSKE), a mittee taking action on managed care too long. It is not a new issue. It has doctor himself and someone who has reform as soon as possible, as Members been with us now for several years. Let worked long and hard on this issue. Mr. GANSKE. Mr. Speaker, I thank on both sides of the aisle would agree us schedule a meeting of the con- my friends on both sides of the aisle to. ference committee. Let us meet and who have supported patient protection But we do have to ask ourselves why act on the bill. We do not need to wait legislation. We essentially have voted are we bringing this motion before the until April or May. This issue has been House again today? We have finally re- on this motion to instruct before, and debated. People are being hurt. We I voted yes on that. But today I am ceived a commitment from House and know we need national legislation. It Senate leaders to produce a final bill going to vote present, and here is why. has been acknowledged in a bipartisan Today, the Speaker has said that he by early April, which will include the way by Democrats and Republicans ability to sue ERISA-governed HMOs wants the conference to convene in the alike. that cause injury and death. This is a next couple of weeks. The Speaker kept So let us put the politics aside, and his word about bringing this issue to massive concession by many who have let us get down to work and bring this been opposed to restoring the rights to the floor when we did, and I trust that legislation forward. That is the essence he will keep his word on getting this sue. They should be welcomed with of the motion of the gentleman from open arms. conference started. Arkansas (Mr. BERRY). I urge my col- Instead, I fear we may be poisoning Do I think, as one of the three co- leagues to support the motion. the negotiations by rewarding them authors of the bill that passed the Mr. Speaker, I rise in support of this motion with a political slap in the face. I do House, that the House conferees should to instruct the conferees on H.R. 2990. not know of any nonpolitical reason stick up for the bill that passed with a The American people have been waiting for why we have the motion today. How- 275 vote margin? Of course I do. But I years for Congress to enact meaningful, en- ever, because I fully support patient think that I am seeing some evidence forceable HMO reform. With more than 120 protections, I will not vote against this of a softening of hard positions, and I million Americans enrolled in managed care motion. This is only our second day think that it would be, as my col- plans across the nation, we cannot afford to back to voting. People who have been league, the gentleman from Georgia delay action any longer. (Mr. NORWOOD), said, if an olive branch our hard-core opponents are now offer- Mr. Speaker, our citizens worry that to save ing an olive branch. We need to take it is held out, we should take it in good money, insurers are skimping on quality and and make the best of it that we pos- spirit. endangering the health and lives of their mem- I think that we should move to get- sibly can make. For that reason, I will not vote for bers. Our papers and our mailboxes are filled ting this legislation passed this year, and that is why I am going to vote this new motion. For now I will simply with accounts of patients who are denied care present. It does not indicate any weak- vote ‘‘present.’’ We need to encourage on the basis of cost. Medical decisions are ening of my resolve on getting good pa- negotiation. The GOP leadership being made by insurance company account- tient protection legislation passed. I should be able to compromise in good ants rather than by doctors and their patients. Right now, our country has an illogical just simply think that at this point in faith on liability. Democratic leaders patchwork of state laws. This patchwork has time this resolution is not warranted. should be able to do the same on acces- Why do we not wait to see what hap- sibility. I believe that President Clin- prevented the enactment of national standards pens in the next few weeks? ton, the Republican leadership, the that guarantee all patients a set of basic rights. The right to be fully informed of treat- Mr. BERRY. Mr. Speaker, could I ask Democratic leadership, should accept how much time is remaining on each immediately the 90 percent of the re- ment options, the right to emergency care based on a prudent layperson standard, the side? forms that everyone agrees on that The SPEAKER pro tempore (Mr. were in both the Norwood-Dingell and right to see a specialist, the right to be treated by the drugs that their doctor prescribes for SHIMKUS). The gentleman from Arkan- the Coburn-Shadegg bills, and all three sas (Mr. BERRY) has 261⁄2 minutes re- should work out a compromise on li- their condition, the right to appeal health plan decisions to an independent review board, and maining and the gentleman from Cali- ability and access. fornia (Mr. THOMAS) has 23 minutes re- Mr. Speaker, it can and it must be the right of action when they are harmed by a health plan's decisions. maining. done, but now is not the time to em- Mr. BERRY. Mr. Speaker, I yield 11⁄2 Our conferees have two bills before them barrass anybody. Now is not the time minutes to the gentleman from Texas that must be reconciled. Only the House bill, for politics from either side. Now is the (Mr. DOGGETT). time for serious people to have a seri- H.R. 2990, contains these important basic Mr. DOGGETT. Mr. Speaker, I thank ous discussion about the policy, the rights. Overwhelmingly, this body has sup- the gentleman for his leadership on health care policy in this Nation that ported not only the Norwood-Dingell Bipartisan this issue. affects every one of our constituents. Managed Care Improvement Act, but also my Too often an insurance clerk gets Mr. BERRY. Mr. Speaker, I yield 1 distinguished colleague from Michigan's mo- right in the middle of the relationship minute to the gentleman from Mary- tion on November 3 to instruct the conferees between doctor and patient, and the land (Mr. CARDIN). to adopt this bill as the final legislation. consequences of that interference can (Mr. CARDIN asked and was given Without further delay, it's time for this Con- be absolutely disastrous. We want to do permission to revise and extend his re- gress to present a bill to the President that something meaningful about that prob- marks) provides meaningful standards for all Ameri- lem. It is called a Patients’ Bill of Mr. CARDIN. Mr. Speaker, it was cans in managed care plans. I urge adoption Rights. last October when this House, this body of this motion. The same Republican leadership that acted on the Patients’ Bill of Rights. Mr. THOMAS. Mr. Speaker, I yield is up here today saying wait to the Our colleagues ask why are we bringing myself such time as I may consume to American people is the same leadership this motion forward? We are bringing respond to my friend from Maryland by that fought tooth and nail to prevent it forward because it is time for Con- saying that the actual process is one of us from ever taking up a Patients’ Bill gress to act. There is hardly a week accommodation and compromise be- of Rights in the first place. The same that goes by that I don’t receive letters tween the House and the Senate. And I folks that say wait today are the same and telephone calls from constituents certainly would concur if this resolu- people that came to this floor and that have been hurt by their HMOs, tion or motion to instruct had only the voted for every amendment they could that have been denied access to emer- first section, which was to announce come up with to kill this Patients’ Bill gency care and denied access to spe- immediately a time for a meeting. But of Rights. cialists, whose physicians spend more the gentleman well knows that the sec- The same Republicans that are here time on the telephone arguing with ond section requires on the part of the today saying wait are the same Repub- HMOs than treating their patients. House to, without change or amend- licans that after their amendments

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.105 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H131 were defeated, they all voted against a being has been entrusted to them?’’ is they dictate to the physicians, they meaningful Patients’ Bill of Rights. Why indeed. dictate to the nurses, but they do not The same Republicans that say wait Last November we passed a bill that want to take the responsibility for it. today are the same Republicans that, held out great promise for millions of Patients need rights. They need to be after the Senate appointed its con- patients in managed care plans. That able to complain when they have been ferees, dillydallied around here, they bill, that particular bill, would make it wronged by the system. We cannot get waited, they delayed, they did any- easier for patients to enroll in clinical it until we get a good, aboveboard non- thing they could except act. They wait- trials; give direct access to women for partisan approach to it. It is very, very ed until the week before we went out of obstetrician-gynecological services; en- important. session to even name conferees. sure that children could get to see Mr. THOMAS. Mr. Speaker, I yield The same Republicans that say wait their pediatricians and pediatric spe- myself such time as I may consume to today are the same Republicans that cialists; make sure patients undergoing simply say that I find it ironic that the refused to even appoint the gentleman treatment for serious illnesses can stay gentleman from Texas used the phrase from Iowa (Mr. GANSKE) and the gen- with their own doctors rather than ‘‘you Republicans,’’ ‘‘you Repub- tleman from Georgia (Mr. NORWOOD), being forced to switch; let health care licans,’’ ‘‘you Republicans,’’ when, in both doctors and Republicans who professionals, not insurance company fact, as the gentleman from Illinois knew something about this issue and bean counters, make medical decisions; said, this is a bipartisan bill. cared about patients. They would not and, finally, hold health care plans ac- I also find it interesting that the two even appoint them as conferees. countable and let patients sue if they individuals on the bill who made it bi- They say wait to the American peo- are injured by HMO decisions. partisan, the gentleman from Georgia ple. We say do something to give them But, Mr. Speaker, it will do nothing (Mr. NORWOOD) and the gentleman from a meaningful Patients’ Bill of Rights. if it is not enacted into law. Let us not Iowa (Mr. GANSKE) were our first two Is there politics at issue here? You bet let David and Suzanne Miller down or speakers, and they said this does not there is politics at issue today. It is the the millions of patients who count on make a lot of sense. They are not going politics of inaction, which is the whole us. to vote for it. story of this worthless Republican Mr. BERRY. Mr. Speaker, I yield 1 It seems to me that the bipartisan leadership. minute to the gentleman from Illinois part of my colleagues’ argument has Mr. BERRY. Mr. Speaker, I yield 1 (Mr. DAVIS). been shattered. If we have a procession minute to the gentlewoman from (Mr. DAVIS of Illinois asked and was of Democrats offering 1 minutes saying Maryland (Mrs. MORELLA). given permission to revise and extend this has to be passed now, but the Re- (Mrs. MORELLA asked and was given his remarks.) publicans who made it bipartisan say permission to revise and extend her re- Mr. DAVIS of Illinois. Mr. Speaker, this does not make a lot of sense, it marks.) one of my constituents, Miss Elizabeth looks like politics is being played, then Mrs. MORELLA. Mr. Speaker, I am Hines, stated very clearly my position I think it is fairly obvious. The answer not here to talk about the politics of on this issue when she wrote a letter to is, politics are being played. the situation, except that this is the me saying, ‘‘As a registered nurse, I Mr. Speaker, I yield 5 minutes to the time. This session we must pass a bi- urge you to persuade your colleagues gentleman from Arizona (Mr. SHAD- partisan HMO reform bill. on the conference committee to move EGG), someone who has become very I want to encourage the conferees to ahead and pass H.R. 2990, to honor the knowledgeable on this subject matter, maintain the many noncontroversial clear imperative from the American has been a major contributor to the de- provisions in H.R. 2723 in the con- people for enactment of strong, com- bate, and is a conferee. ference report, such as the require- prehensive and enforceable protections Mr. SHADEGG. Mr. Speaker, I thank ments that managed care patients have embodied by the bipartisan Norwood- the gentleman for yielding me this access to emergency care without prior Dingell legislation. The final bill must time, and I want to make it very clear authorization; access to specialized include protection for nurses and other that I oppose this motion to instruct, treatment when it is medically nec- professionals who blow the whistle so and I urge my colleagues to defeat it. essary in the judgment of a health pro- that they can be advocates for their pa- I think it is important that we look fessional; and access to approved clin- tients.’’ at precisely what the motion to in- ical trials where the plan must pay for I agree with Miss Hines. We need to struct does. There are two pieces to it, the routine patient costs associated move now, not tomorrow, not next as my colleague, the gentleman from with the trials. week, not next year. The American Michigan (Mr. DINGELL), pointed out. Also, I want to encourage the con- people are saying, ‘‘Pass it now.’’ The first one is that all necessary steps ferees to exclude medical savings ac- Mr. BERRY. Mr. Speaker, I yield 1 be taken to begin the meetings. counts in the FEHBP. I oppose MSAs minute to the gentlewoman from Texas On that point I think it is very im- because they would cause cherry- (Ms. EDDIE BERNICE JOHNSON). portant to note, and for all our col- picking in the FEHBP, resulting in (Ms. EDDIE BERNICE JOHNSON of leagues to understand that, in fact, higher premiums for those who are less Texas asked and was given permission there has now been an agreement that healthy as relatively healthy enrollees to revise and extend her remarks.) a meeting of the conference committee are included. Ms. EDDIE BERNICE JOHNSON of will occur. It will occur either next So I just ask the conferees to meet, Texas. Mr. Speaker, let me thank the week or the week after. It will precede to resolve it. I believe that the Speaker gentleman for his leadership and all the February break, which is the week is going to have a bill before us that those who stand here on behalf of the after that. And so steps to begin meet- will be bipartisan and that we can all American people. ings have in fact been agreed to, mak- agree on. Not anywhere can we go in this coun- ing the first point of the motion to in- Mr. BERRY. Mr. Speaker, I yield 1 try that people are not begging for a struct moot. minute to the gentlewoman from Illi- sensible health care delivery system. I guess I would add on that point that nois (Ms. SCHAKOWSKY). We passed this bill 4 months ago. There I myself agree with the concern that Ms. SCHAKOWSKY. Mr. Speaker, I is no reason why the conference com- the conferees should meet and that we rise in strong support of the gentle- mittee could not have acted back then. should begin the process, because I man’s motion to instruct conferees, to But we are desperate now and we do wholeheartedly agree it is critically act quickly, and to pass the bipartisan need this. People scream out for it. important work. House bill. I am a registered nurse, and I see the But the second portion of the motion This morning I read a letter on the difference in the quality if we do not to instruct is the portion of the motion floor that I received from David and have any accountability. These compa- I think our colleagues should be con- Suzanne Miller, two of my constituents nies dictate to physicians. We want to cerned about and, quite frankly, which from Niles, Illinois. They asked, and I put the health care back into the hands is the portion of the motion to instruct quote, ‘‘Why can’t Congress just do of the caregiver, not the bureaucrat. which makes it technically flawed. And what is right for the people whose well- Because, my colleagues, what happens that is that we instruct the conferees

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.110 pfrm02 PsN: H01PT1 H132 CONGRESSIONAL RECORD — HOUSE February 1, 2000 that they insist that H.R. 2723 be in- being advocated by those who do not been a single meeting of the conference com- cluded in the conference report. What want to help the American people on mittee since the bill was passed. that means is that we insist on the this issue, but who rather want a polit- The Dingell-Norwood Managed Care Re- House position and the House position ical issue to go forward on. form bill, also known as the Patients' Bill of only. And, again, the net effect of insisting Rights, would protect patients and their fami- Now, as a proud Member of the our way or no way is that people will lies from irresponsible actions by HMO's. It House, there might be occasions when I continue to suffer, the very goal this would prevent health insurance companies would like to insist on the House posi- motion to instruct is designed to al- from rewarding doctors for limiting access to tion and the House position only. But leviate. health care, and it would hold managed care there is no one in this body, Repub- There is another critical important plans legally accountable when their decisions lican or Democrat, who does not under- issue to be discussed here, and that is to withhold or limit health care result in injury stand that in this conference com- the contents of the bill on the issue of or death. The Patients' Bill of Rights would en- mittee if either the Senate or the access. My colleagues on the other sure that medical decisions are made by House chooses to insist upon their posi- side, when the bill passed the House health care professionals and not bureaucrats. tion and their position only, the net ef- floor, every single one of them said, we Health care should be provided by doc- fect will be tragic. do not want to accept nor will we em- torsÐnot HMO bureaucrats! It is time that My colleague, the gentleman from brace a single provision of H.R. 2990 Congress hold health insurance companies Arkansas (Mr. BERRY), the proponent that addresses the problems of access accountable and protect the rights of American of this motion to instruct, said just a to care by the uninsured. families to quality health care. moment ago that people are suffering There are several pieces in H.R. 2990 I urge my colleagues to support this motion today and it would be tragic if we con- that would help America’s uninsured to instruct the conferees and send the Pa- tinued to delay because people will get care. While I heard some movement tients' Bill of Rights to the President's desk continue to suffer. Well, I think it is in the Senate side on the issue of liabil- without any further delay. very important for our colleagues to ity, I have not heard today any move- Mr. BERRY. Mr. Speaker, I yield 1 understand that if either side, the ment on the House side on the issue of minute to the gentleman from New House or the Senate, insists that it is access to care. I think that would be a Jersey (Mr. PALLONE) who has done their position in these negotiations or tragic mistake. great work on this issue and continues no position, then in fact what we will This is a once-in-a-lifetime chance to provide great leadership, to try to get is not a bill, it is not legislation, it for this Congress to do something, not help the American people get health is not relief for the American people, just about HMOs and their abuses, but care. whom I believe are being abused, it is about America’s 44 million uninsured. Mr. PALLONE. Mr. Speaker, I want not legislation that will help them. Clearly, we need to do something about to thank my colleague from Arkansas If we do as this motion to instruct re- that. Indeed in his State of the Union for those kind remarks. And let me quires, indeed demands, if we insist address just last week, the President just say, I listened to the previous Re- that it is our bill and our bill only, the talked about access to care. He pro- publican speaker on the other side of Norwood-Dingell bill, which is bipar- poses three solutions. the aisle, and after I listened to what tisan, if we insist that it is that bill To sum it up briefly, the President in he said, I am more than ever convinced and that bill only, then what we are his State of the Union address proposed why we need this motion to instruct. saying is we do not intend to legislate that we expand government-run health He said, well, we are going to schedule on this issue this year; we do not in- care from two ends, that we expand the conference. It will be scheduled tend to send the President a bill that Medicaid to younger people and that sometime in February or early March. he can and will sign, and we do not in- we expand SCHIP. I would suggest that Well, the bottom line is it has not tend to help the American people. that is the best answer. But that the been scheduled. The bottom line is that best answer is one that has a lot of bi- it has not been scheduled. It is 4 b 1545 partisan support and that is a tax cred- months since we passed this bill. I am Rather what we intend is to save for it, a refundable tax credit. tired of hearing about it is going to be the election a political issue. I under- And I would note that just last week, scheduled, it is going to happen. I hope stand there are people in this body who our Majority Leader ARMEY and Sen- he is right. But I think that we must want a political issue. I urge them to ator BREAUX, a knowledgeable expert insist that we move to the conference rethink their position. The reality is on the other side of this issue, proposed straight with. we need a compromise between the irrefundable tax credit. There are great The other thing is there is a tremen- House and the Senate version, and we things that can be done on health care dous amount of frustration on the part need legislation to help the American this year. We can support a patients’ of Democrats and myself on this side of people. bill of rights. We can enact legislation the aisle because so many efforts have And on that point, I would note that that will help the American people, but been made by the Republican leader- my colleagues, the gentleman from not by this motion to instruct, not by ship over the last 2 or 3 years to sabo- Iowa (Mr. GANSKE) and the gentleman an arbitrary demand that it be our way tage the effort to pass the Patients’ from Georgia (Mr. NORWOOD), who were or no way. Bill of Rights. plowing this ground long before I, and Mr. BERRY. Mr. Speaker, I yield For 2 years, we saw both Houses of who know it well, stood up and noted such time as she may consume to the Congress pass what I considered bad that on the critical issue of liability, gentlewoman from California (Ms. WA- bills, it did not really do any reform. we have made great strides in just the TERS). And now the gentleman suggested last 3 weeks. (Ms. WATERS asked and was given somehow we have to wait on the access Just a few weeks ago, barely a week permission to revise and extend her re- provisions and the larger issues of deal- and a half ago, Mr. LOTT indicated that marks.) ing with the uninsured or other health- any legislation which passes this year Ms. WATERS. Mr. Speaker, I rise in care issues have to be brought into must include a reasonable liability pro- support of H.R. 2990. this. Again, I think that is nothing vision holding HMOs that hurt people I rise in strong support of the motion to in- more than an effort to try to delay and accountable in a court of law for their struct the conferees to begin meetings of the delay and delay the Patients’ Bill of conduct; that is a tremendous stride House-Senate managed care conference com- Rights. forward. mittee and insist upon the provisions of the We know that there is almost unani- And I compliment the gentleman Dingell-Norwood Managed Care Reform bill. mous support amongst the American from Iowa (Mr. GANSKE) and the gen- The Dingell-Norwood bill was passed by the people for this legislation the way the tleman from Georgia (Mr. NORWOOD) House of Representatives by a strong bipar- House passed it. We must insist on the for acknowledging that. But if we are tisan vote on October 7, 1999. Nevertheless, House version. Because that is the only making progress, then why step back the Republican leadership has made no thing that is going to be signed into from that? Why insist our way or no progress whatsoever towards the enactment law. That is the only thing that will way? I suggest that is a tragic mistake of this critical legislation. There has not even pass both Houses overwhelmingly, go

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.114 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H133 to the President and be signed into medical student may have even before Actually, this resolution should be law. they enter. encouraged from both sides of the aisle. If they mess up this legislation with So we need to pass a strong bill. I am Because health care for families and the Senate version that has the MSAs, pleased that my colleague from Arkan- their children is the most pressing even one of my Republican colleagues sas is offering this motion to instruct issue, and we should have to make sure talked about how bad that is, the conferees. We are going to be here we respond to this, not waiting and health marts and all these other poison every week until we see some action delay. We should be eager that this is pills that have been placed in this leg- from the conference committee. And 4 here. islation and get to those other issues, months is too long. This is an opportunity to respond to all that means is that they are going to Mr. BERRY. Mr. Speaker, I yield 1 a pressing need. All across America, in ruin any possibility of passing the Pa- minute to the gentleman from Ohio thousands of communities, families are tients’ Bill of Rights in the way it was (Mr. STRICKLAND). trying to struggle how to get the passed in the House, the way the Amer- (Mr. STRICKLAND asked and was health care they already paid for. They given permission to revise and extend ican people want it passed. want to make sure that their adults his remarks.) So I would maintain, after listening and their children have emergency Mr. STRICKLAND. Mr. Speaker, it to my colleagues, I feel all the more we has been over 100 days since this House care. They want to make sure they need this motion to instruct. We need passed the Patients’ Bill of Rights, 100 have specialty care. Women and chil- to go to conference forthwith. We need days. Nothing has happened. dren want to have protective care. And to insist on the House version because I have here in my hand a little book- certainly we want to have long-term that is the only thing that is going to let ‘‘How Our Laws Are Made.’’ We give continuity of care. pass. this booklet to schoolchildren so they Patients want to know that their Let us get passed what we can get will understand. doctors are free to make medical ne- passed and show the American people I suggest the leadership of this House cessity decisions, not just decisions that we can accomplish something that read this book. It is rather simple. The based on how much to save the HMO. helps them rather than dillydallying House passes a bill. The Senate passes Good medical decisions by a physician for the rest of this year and the rest of a bill. And then conferees are ap- is good for business, and it certainly this Congress. pointed, and they come together and should be good for the American peo- Mr. BERRY. Mr. Speaker, may I in- come up with a consensus that is then ple. quire how much time is remaining on sent to the President for his signature. I urge the support of this resolution. each side? We have done step one. We have done Mr. BERRY. Mr. Speaker, I yield 1 The SPEAKER pro tempore (Mr. step two. It is time for step three. minute to the gentlewoman from Con- HASTINGS of Washington). The gen- I urge the leadership of this House to necticut (Ms. DELAURO). tleman from Arkansas (Mr. BERRY) has read this pamphlet and to get on with Ms. DELAURO. Mr. Speaker, we have 19 minutes remaining, and the gen- the business of the people of this coun- begun a new year, some say a new mil- tleman from California (Mr. THOMAS) try. lennium, and it is a new session of the has 16 minutes remaining. Mr. BERRY. Mr. Speaker, I yield 1 Congress. Yet working families have Mr. BERRY. Mr. Speaker, I yield 1 minute to the gentleman from New come no closer, no closer, to reclaim- minute to the gentleman from Texas Jersey (Mr. ANDREWS). ing control of their medical decisions. (Mr. GREEN). (Mr. ANDREWS asked for and was It is long past due that we enact the (Mr. GREEN of Texas asked and was given permission to revise and extend Patients’ Bill of Rights. Let us put given permission to revise and extend his remarks.) health-care decisions where they be- his remarks.) Mr. ANDREWS. Mr. Speaker, I do not long, in the hands of doctors and fami- Mr. GREEN of Texas. Mr. Speaker, it know if it is a miracle or a coincidence, lies. has been 4 months since we passed the but for over 100 days after the House Every single Member of this House bipartisan Norwood-Dingell bill and passed the bill there was no meeting has heard the heart wrenching ac- nothing has been done. We have worked scheduled of the conferees. Then last counts of the prescriptions and the pro- hard to reach that consensus, but the night we filed this motion calling for a cedures that have been denied. Quite opposition continues to delay the real meeting of the conferees, and we hear frankly, that is why we were able to reform with gimmicks and watered there is a meeting going to be sched- take that giant step forward last year down proposals that will wind up doing uled. when we passed a bipartisan Patients’ It sounds to me like a trip to Lourdes nothing for patients. Bill of Rights. It is a balanced bill. It took place and a miracle occurred, and Not only is the conference committee would protect patients’ rights without stacked with Members who voted we accept the miracle very happily. I have no doubt that there are people reducing health care coverage. against the bill, Mr. Speaker, there has in good faith on both sides that want to Unfortunately, the Republican lead- not been one meeting since the bill was pass a real accountability bill for man- ership of this House has worked long passed 4 months ago. This is unaccept- aged care. But I worry that we might and hard to try to kill managed care able, Mr. Speaker. be like the fans of the Tennessee Ti- reform. It continues to stand in the We have 48 million Americans who tans, like my friend the gentleman way of this bill. Four months, 4 months belong to self-funded health insurance they have taken, they stacked the deck from Tennessee (Mr. FORD), who be- plans that have very little protection lieves that if they had time for just one against patient care when they chose from neglectful and wrongful decisions more play the other night, they would to negotiate the final bill. made by their insurance plans. have tied the game and gone on to win The fact of the matter is they are in Now, I would like to have access like the Super Bowl. charge, they could bring this bill up my colleague from Arizona talks I do not want to be standing here in anytime they want. They are stalling. about, but it does not do any good to September or October and saying, if we Let us stop. have access if we do not have a plan just had one more week, just a little Mr. BERRY. Mr. Speaker, I yield 1 that is worth anything, it is not worth more time, we could have done what minute to the distinguished gentleman the dollar that their employer or they the huge majority of Americans want from Tennessee (Mr. FORD). pay for it. It is not worth it. us to do. Mr. FORD. Mr. Speaker, I thank the We cannot stand by and allow the Let us get to work right now. Let us gentleman from Arkansas (Mr. BERRY) delay and the maneuvering to continue have the conference meet, and let us for all his leadership. to pass a weak bill. Millions of people pass a real Patients’ Bill of Rights. I want to take just a personal privi- need help and are suffering from the Mr. BERRY. Mr. Speaker, I yield 1 lege and thank the gentleman from consequences and decisions not made minute to the gentlewoman from North New Jersey (Mr. PALLONE). When this by doctors but made by clerks. What I Carolina (Mrs. CLAYTON). bill is eventually signed into law, and have heard is that some of the folks Mrs. CLAYTON. Mr. Speaker, I we hope it resembles the Norwood-Din- who are making those decisions do not thank the gentleman from Arkansas gell bill, the gentleman from New Jer- even have the training that a first-year (Mr. BERRY) for his leadership in this. sey (Mr. PALLONE) should be standing

VerDate 27-JAN-2000 04:27 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.116 pfrm02 PsN: H01PT1 H134 CONGRESSIONAL RECORD — HOUSE February 1, 2000 right next to the President. There has tics is the art of compromise. As the considered these matters in a fashion not been a greater stalwart in the gentleman from Arizona said, many on more consistent with the vote which House in seeing this passed. that side of the aisle have taken the was cast earlier by the House by in- I thank the gentleman from Arkan- position, it is either our way or it is no cluding Members from the other side of sas (Mr. BERRY) and all the others, but way. They also would make the argu- the aisle who were in support of this. If the gentleman from New Jersey (Mr. ment that government can best solve the leadership wants to really dem- PALLONE) has been a great leader. this problem. onstrate a measure of bipartisanship, Cynicism abounds about what we do Yes, I think government has a part they can show it. They can instruct the in this Congress and what we do not do. and an important part in trying to parties to the conference to move We passed a bill here in the Congress solve this problem. But I would also re- speedily. They also can construct a some 100 days or more, so many other mind everyone that this patient pro- pattern of conference members who colleagues have said, with clear in- tection bill, we get the impression that will give comfort to Members on this structions as to where this body stood it would affect every patient in Amer- side. on this issue, reflecting where the ica. That is really not true. It affects I, for example, would be much more American people, regardless of what only those covered under ERISA plans, comfortable if I were to see the distin- their political or party affiliations health plans provided by certain em- guished gentleman from Georgia (Mr. might be. ployers. Those employers have a vested NORWOOD) or the distinguished gen- I was delighted to hear my friend the interest in helping their employees tleman from Iowa (Mr. GANSKE) or gentleman from California (Chairman with good health care. That is why other Members on the Republican side THOMAS) say that we ought to adhere they have initiated many of these who worked so hard in such a careful to what both the gentleman from Iowa plans. The reason that we want some and thoughtful bipartisan fashion and (Mr. GANSKE) and what the gentleman flexibility for these conferees on the see to it that the conferees in fact fair- from Georgia (Mr. NORWOOD) have said. House side is that what the Senate ly represented the will of the House. I would hope that if some of my col- passed is drastically different than Clearly, events to this time show no leagues on this side choose to vote what the House passed. It would be un- comfort to any of us who believe in ‘‘present’’ on this bill, and I have not wise, it could not work, if our conferees this piece of legislation. The conferees made my mind up, that they might cannot have any flexibility whatsoever. are rigged against us, over-long delay change their opinion on this and sup- So if the other side really wants to in appointing those conferees and ex- port the Norwood-Dingell bill itself, try to solve this problem and have a clusion of the two principal leaders on urge the conferees, the lead Senator on meaningful bill that can protect pa- the Republican side. Until that kind of the Senate side, Mr. FRIST, and all the tients under ERISA plans, then we action is taken by the leadership on others to do what is right on this bill, need to defeat this motion. They can the Republican side, there will not be protect consumers and return medical go to conference; they can have dis- much comfort on this side of the aisle, decision making back to the doctors. agreements. We can come back and and there will be strong reason in the We have an opportunity here today, I vote on it again. But to tie their hands minds of almost every Member who has say to both my friend from Iowa (Mr. before they even get there I think is supported this legislation to see to it BOEHNER) and the gentleman from Cali- not only a disservice to the House, not that this resolution and other matters fornia (Mr. THOMAS), to do right by the only a disservice to the conferees, but which can be done to move the process people and restore some confidence in a disservice to the patients whose forward towards the House-passed bill this House in our ability to do our job. rights we are trying to protect. are taken. Mr. BERRY. Mr. Speaker, I yield It is possible to say any number of b 1600 such time as he may consume to the things to the contrary, but nothing Mr. THOMAS. Mr. Speaker, I yield distinguished gentleman from Michi- which is either factual or which will myself such time as I may consume. gan (Mr. DINGELL), who without his bear weight in the minds either of the I would only note that the gentleman leadership we would not have passed average Member of this body or the or- who just spoke said that he hopes the this bill. He has provided the leader- dinary citizens of the country. bill that comes out of conference re- ship to get this issue this far in the Mr. BERRY. Mr. Speaker, I yield 1 sembles Dingell-Norwood. If this mo- Congress and hopefully to serve the minute to the gentleman from Ten- tion to instruct passes, it has to look American people well very soon in nessee (Mr. FORD). exactly like it. So I think it is fairly their effort to obtain good health care. Mr. FORD. Mr. Speaker, just to re- clear that, just as the gentleman from Mr. DINGELL. Mr. Speaker, I want spond briefly to my dear friend, the Ohio holding up the Constitution said, to thank my dear friend for his kind- gentleman from California (Mr. THOM- that what we need is a consensus. I ness to me for yielding this time. I do AS), all we want on this side are for think if anybody looks up ‘‘consensus,’’ not need much. I would like to hear meetings to be scheduled, for an oppor- it means an agreement by all parties. more from my distinguished friend tunity for a consensus to be reached to This motion to instruct says Members from Arkansas. actually be realized. Sure I would like can only vote the bill that came off the We have here a chance simply to sup- the compromise or the consensus to floor. The gentleman from New Jersey port what has been done by the House look like the Norwood-Dingell, but I said that is the only bill that will go to in two prior votes and to do so with re- am not alone. 250 of my colleagues the President, which means, I guess, gard to a matter which was decided in wanted the same thing, including three that they are going to be opposed to a thoroughly bipartisan fashion with out of the five Republicans from my any reasonable compromise, or some- leadership from Members not nec- own State, the gentleman from Ten- thing that resembles Dingell-Norwood. essarily in the leadership of both sides nessee (Mr. WAMP), the gentleman from Once again, I think it clearly under- but on both sides of the aisle. I would Tennessee (Mr. DUNCAN), and the gen- scores what we are about is politics. observe that we have a chance here to tleman from Tennessee (Mr. JENKINS). Mr. Speaker, I yield 2 minutes to the instruct the conferees again. There is Unfortunately I cannot convince either gentleman from Kentucky (Mr. strong need for this because I would of my Senators, Senators FRIST or WHITFIELD). note to my colleagues that the leader- THOMPSON, to support it; but hopefully Mr. WHITFIELD. Mr. Speaker, this ship on the other side of the aisle has if we can arrange the meetings, we can obviously is quite an emotional issue. given no comfort whatsoever to those find a consensus. When people talk about patients’ of us who favor this legislation. They My other colleague mentioned how rights, all of us want to protect pa- have included no strong friends on ei- this would only affect a small number tients’ rights. I can understand how the ther the Senate band of conferees or of people, that we ought to be con- gentleman from Texas and other speak- the conferees from the House side on cerned with the uninsured. There is se- ers on the other side would say this is the Republican side of the conference. rious and vast concern on this side of a partisan issue, because we can make How much better it would have been the aisle for the uninsured, but why it quite a partisan issue. But the point had we moved more speedily. How should we ignore the 160 million plus that I would like to make is that poli- much better would it have been had we that this bill would cover? I support

VerDate 27-JAN-2000 04:02 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.118 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H135 State tax relief. That would affect a occur, but obviously it is not too early them, refundable tax credits for them, small number of people. I support the for some. medical savings accounts if it will capital gains tax relief. That would af- We have had an awful lot of debate help? Anything that we can do to help fect a small number of people. I sup- here, and we have heard mention about employers provide more insurance to port special ed, fully funding at the the 100 days that we have not acted on their employees, we ought to be doing federal level. That would affect a small this bill. All of my colleagues know it. number of people. Do not act as if we that we have been in recess, out of ses- But the reason I think that we are are unaccustomed in this Congress to sion, back in our districts for the last hearing access provisions, helping the passing bills or offering public policy 21⁄2 months. Since the week before uninsured, it being described as a poi- that would not affect everyone in Thanksgiving, we have been home with son pill, it is kind of a code word, kind America. our families and our constituents try- of a code word to what the real plan We have a chance to do what is right. ing to deal with what is happening out here is, because I think, as I said be- Schedule the meetings and allow an op- in the real world. To expect that Mem- fore, this is an election year; and I portunity or a forum for a consensus to bers were going to come back here over think some of my colleagues on the be reached. Do not play games, leader- Christmas, as an example, to deal with other side of the aisle would just as ship on the Republican side. Do what is this issue certainly is not realistic. soon have this as a political issue in right for the American people. Having said all of that, the chairman November than actually do something Mr. THOMAS. Mr. Speaker, I yield of the conference, Senator NICKLES, has on behalf of the American people. myself such time as I may consume. announced that the conferees are going I am just listening, and I am watch- I tell my friend, the gentleman from to meet before the February recess. ing and I am wondering why we are Tennessee, that if this resolution was The Speaker of the House and the ma- dealing with this motion to instruct on the first section only, which reads, jority leader of the House, have made the floor today. ‘‘Take all necessary steps to begin it clear that they want this issue on b 1615 meetings of the conference,’’ that the floor of the House before the Easter But I can tell you this: this con- would have been a voice vote and it recess. ference will produce a reasonable ap- would have been agreed to, in my opin- Mr. FORD. Mr. Speaker, will the gen- proach to patients’ rights and a reason- ion, unanimously. tleman yield? able approach to helping insure the 44 The concern obviously, as indicated Mr. BOEHNER. I yield to the gen- million Americans who have no health by the two cosponsors of the bipartisan tleman from Tennessee. insurance. That bill will come back legislation, the gentleman from Iowa Mr. FORD. Mr. Speaker, most Ameri- here to the floor of the House, and then (Mr. GANSKE) and the gentleman from cans have to go to work every day. I I want to see where my colleagues are, Georgia (Mr. NORWOOD), is that by add- know they appreciate the fact that we whether they will be willing to stand ing the second provision, it clearly were out to enjoy time at home, being up and deal with this issue in a bal- means there is more of an interest in with our families. anced way. The time of truth will come politics than in getting the conference Mr. BOEHNER. Reclaiming my time, very shortly. going. The gentleman himself has been certainly all of us, even though we Mr. BERRY. Mr. Speaker, I yield my- ambivalent in terms of his statement were not here in Washington, were self such time as I may consume. as to whether he is really going to sup- back in our districts working. Part of Mr. Speaker, I want to acknowledge port this resolution or not. I think he our job occurs in our districts. I am and express my appreciation for the and I would agree both of us could sup- sure the gentleman from Tennessee gentleman from Georgia (Mr. NOR- port the first item. It is the addition of was back in his district working dili- WOOD), the gentleman from Iowa (Mr. the second item that makes it par- gently, every day, as I was around my GANSKE), the gentleman from Michigan tisan, and indeed I will enjoy watching district. So we are going to have this (Mr. DINGELL), the gentlewoman from the gentleman from Tennessee’s men- bill back on the floor. But one of the Connecticut (Ms. DELAURO), the gen- tal wrestling bout with himself as to concerns that I have heard raised here tleman from New Jersey (Mr. whether he decides to make it partisan subtly today I heard raised more point- PALLONE), and all the others that have by voting ‘‘yes’’ or that his conscience edly yesterday in a different forum worked on this bill, that have worked controls and he votes ‘‘no.’’ when we talked about the need for pa- so hard to see that the American peo- Mr. FORD. I will vote ‘‘yes.’’ tients’ rights, and we all understand ple get the kind of health care that Mr. THOMAS. Mr. Speaker, it is my that there is a reasonable way we can they are paying for. A majority of the pleasure to yield 5 minutes to the gen- approach this. Members of the House voted for the tleman from Ohio (Mr. BOEHNER), But beyond the issue of patients’ Norwood-Dingell bill. Fifty-two Repub- someone who has been involved exten- rights, we all know the number one licans voted for this bill. If we are not sively in this information, the chair- issue in the health care system in going to conference this bill now, when man of a subcommittee which is cru- America today is the fact that over 44 are we going to conference it? cial to the resolution of this issue. million Americans have no health in- Mr. Speaker, it is time that we move Mr. BOEHNER. Mr. Speaker, I want surance at all. We have to be very care- forward with the legislation that the to thank my colleague from California ful as we move to enact patients’ rights American people have said they want, for yielding me this time and remind that we do not increase the number of that we move forward with the legisla- my colleagues that this motion to in- uninsured. We ought to follow the Hip- tion that the House has said it wants, struct conferees is a nonbinding mo- pocratic oath that says first do no in a bipartisan way. It is time that we tion. It is within the rules of the House harm. But as we try to provide better deal with this issue and take the poli- to allow the minority to bring the access for people who have no health tics out of it. issue to the floor and to have a debate; insurance, one of my colleagues on the If this resolution offends those that but we all know that, any of us that other side of the aisle yesterday actu- voted for it only 3 months ago, then have been in this body for some time, ally termed it a poison pill for pa- they should express that today. This is that it is an opportunity to make polit- tients’ rights. We have heard other ref- their opportunity. If they thought it ical hay. After all, it is an even-num- erences here today, rather subtle, that was the wrong thing to do, to support bered year. that can wait, that we can deal with this bill, then this is their opportunity Now, we all know in even-numbered that later. to say, I do not think we need the Nor- years that all of the Members of the Ladies and gentlemen, if we are going wood-Dingell bill, and we should know House are up for reelection or there is to move reasonable patients’ rights to that. going to be an election and all the help the American people who are This is a good bill. It is time for us to seats are going to be contested. What stuck in managed care, the least we do this for the American people. I urge that means to me in most cases, unfor- can do is to do something to help the 44 every Member to vote for this resolu- tunately, is that the rhetoric in this million Americans who have no health tion and bring this issue to conference. body will certainly increase. I think it insurance whatsoever. Why can we not Let us get the job done that the Amer- is a little early in the year for that to provide association health plans for ican people sent us here to do.

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.121 pfrm02 PsN: H01PT1 H136 CONGRESSIONAL RECORD — HOUSE February 1, 2000 GENERAL LEAVE process, to reach a consensus, to reach Bilbray Holden Obey Mr. BERRY. Mr. Speaker, I ask unan- Bishop Holt Olver something that looks like the Dingell- Blagojevich Hooley Ortiz imous consent that all Members may Norwood bill, to vote no. By voting no, Blumenauer Horn Owens have 5 legislative days within which to you actually enhance the opportunity Bonior Hoyer Pallone revise and extend their remarks and to for a true bipartisan agreement. If you Borski Inslee Pascrell Boswell Jackson (IL) Pastor include extraneous material on the mo- vote yes, you guarantee the atmos- Boucher Jefferson Payne tion to instruct conferees on H.R. 2990. phere around here becomes more par- Boyd John Pelosi The SPEAKER pro tempore (Mr. tisan. Brady (PA) Johnson, E. B. Phelps SHIMKUS). Is there objection to the re- Let us lower the partisan rhetoric. Brown (FL) Jones (OH) Pickett quest of the gentleman from Arkansas? Capps Kanjorski Pomeroy Let us increase the accommodation Capuano Kaptur Price (NC) There was no objection. and compromise, and we will deliver a Cardin Kennedy Rahall Mr. BERRY. Mr. Speaker, I yield reasonable and appropriate product. Clay Kildee Rangel back the balance of my time. Clayton Kilpatrick Reyes Mr. THOMAS. Mr. Speaker, I yield Mr. Speaker, I would urge all my col- Clement Kind (WI) Rodriguez myself such time as I may consume. leagues to vote no on this motion to in- Clyburn Kleczka Roemer struct. Condit Klink Rothman Mr. Speaker, if you listened to the Conyers Kucinich Roybal-Allard debate today, virtually the first day Mr. CLAY. Mr. Speaker, I rise in support of Costello LaFalce Rush that we are back, and the argument, as the motion to instruct conferees regarding the Coyne Lampson Sabo Bipartisan Consensus Managed Care Im- Cramer Lantos Sanders the gentleman from Ohio clearly point- Crowley Larson Sandlin ed out, that for a majority of the days provement Act. Cummings Leach Sawyer since this legislation passed we were Since this bill passed almost 4 months ago, Danner Lee Schakowsky not in session, it was over the holidays the Republican leadership has purposefully Davis (FL) Levin Scott delayed the start of the conference, giving Davis (IL) Lewis (GA) Serrano and we were in our districts working, DeFazio Lipinski Sherman that there really is only one purpose to more time to special interests seeking to un- DeGette Lofgren Shows this resolution. dermine the strong support for patient protec- Delahunt Lowey Sisisky If my colleague from Arkansas (Mr. tions demonstrated by the lopsided House DeLauro Lucas (KY) Skelton Deutsch Luther Slaughter BERRY) had presented a resolution with vote in favor of the Norwood/Dingell bill. Well, Dicks Maloney (CT) Smith (WA) the first provision, as I said, it prob- Mr. Speaker, this tactic is clearly failing. Dingell Maloney (NY) Snyder ably would have passed unanimously. If Just 2 weeks ago, a survey by the Kaiser Dixon Markey Spratt you are shopping for future motions to Family Foundation found overwhelming public Doggett Martinez Stabenow Dooley Mascara Stark instruct after this one is defeated, I support for a strong patient's rights bill. The Doyle Matsui Stenholm would suggest perhaps that you look at survey found that almost three out of four reg- Duncan McCarthy (MO) Strickland information that was made available to istered voters (72 percent) want strong protec- Edwards McCarthy (NY) Stupak Engel McDermott Tanner us during that period when we were in tions against managed care abuses. Eshoo McGovern Tauscher recess, information that hospitals and Despite this strong public support, it has un- Etheridge McIntyre Taylor (MS) doctors today are killing close to fortunately become necessary for the Mem- Evans McKinney Thompson (CA) 100,000 Americans. Now, if the Hippo- bers of this body to once again send a mes- Farr McNulty Thompson (MS) Filner Meehan Thurman cratic Oath is ‘‘do no harm,’’ it seems sage to the Republican leadership that Ameri- Forbes Meek (FL) Tierney to me not killing the patient falls in cans want the freedom to choose their health Ford Meeks (NY) Towns that category. care providers. They want to have treatment Frank (MA) Menendez Traficant I listened carefully until the time Frost Millender- Udall (CO) decisions made by physicians and not insur- Gejdenson McDonald Udall (NM) was yielded back to see if one Member ance company bureaucrats. They want health Gephardt Miller, George Velazquez on the other side of the aisle thought insurance companies held responsible for the Gibbons Minge Visclosky that we ought to try to speed up the physical injuries they cause. Gonzalez Mink Watt (NC) process to get an ability to get a han- Gordon Moakley Waxman Mr. Speaker, I urge the Republican leader- Green (TX) Mollohan Weiner dle on almost 100,000 Americans being ship to stop stalling this critical managed care Gutierrez Moore Wexler killed in hospitals and by doctors every reform legislation. Hall (OH) Moran (VA) Weygand year. If you are looking for a Patients’ Hall (TX) Morella Wise Mr. THOMAS. Mr. Speaker, I yield Hastings (FL) Murtha Woolsey Bill of Rights, if you are looking for back the balance of my time. Hill (IN) Nadler Wu patient protection, it ought to start The SPEAKER pro tempore. Without Hilliard Napolitano Wynn with the most fundamental protec- objection, the previous question is or- Hinchey Neal Hoeffel Oberstar tions, and that is do not kill anybody. dered on the motion to instruct. But I listened in vain. All I heard was There was no objection. NAYS—175 the usual rhetoric about taking their The SPEAKER pro tempore. The Aderholt Crane Hastings (WA) bill, as the gentleman from New Jersey question is on the motion to instruct Archer Cubin Hayes (Mr. PALLONE) said, the only bill that Armey Cunningham Hayworth offered by the gentleman from Arkan- Baker Davis (VA) Hefley will be successful, and that it has to be sas (Mr. BERRY). Ballenger Deal Herger done now ‘‘on our terms,’’ clearly un- The question was taken; and the Bartlett DeLay Hill (MT) derscores the fact that this is a polit- Speaker pro tempore announced that Barton Diaz-Balart Hilleary ical endeavor. Bateman Dickey Hobson the noes appeared to have it. Bereuter Doolittle Hoekstra Two of the cosponsors of the bipar- Mr. BERRY. Mr. Speaker, I object to Biggert Dreier Hostettler tisan bill, the two Republicans, said the vote on the ground that a quorum Bilirakis Dunn Houghton Bliley Ehlers Hulshof this is not the thing to do, not now, it is not present and make the point of is not appropriate. I would support Blunt Ehrlich Hutchinson order that a quorum is not present. Boehner Emerson Hyde their position. It is not the thing to do; The SPEAKER pro tempore. Evi- Bonilla English Isakson it is not appropriate. dently a quorum is not present. Burr Everett Johnson (CT) Those gentlemen, understanding that Burton Ewing Johnson, Sam The Sergeant at Arms will notify ab- they are in a very difficult situation, Buyer Fletcher Kasich sent Members. Callahan Fossella Kingston my father used to tell a story about a The vote was taken by electronic de- Calvert Fowler Knollenberg dog and fleas, but I do not remember Camp Gallegly Kolbe vice, and there were—yeas 207, nays the details so I will not be able to Canady Gekas Kuykendall 175, answered ‘‘present’’ 28, not voting Cannon Gilchrest LaHood elaborate on it, but it seems to me that 24, as follows: Castle Gillmor Largent those of us who want responsible pa- Chabot Goode Latham tient rights protection should do the [Roll No. 6] Chambliss Goodlatte Lazio YEAS—207 Chenoweth-Hage Goodling Lewis (CA) responsible thing, and that is rather Coble Goss Lewis (KY) Abercrombie Baird Becerra than vote present on this measure, Coburn Granger Linder Ackerman Baldacci Bentsen Collins Green (WI) Lucas (OK) vote no. Allen Baldwin Berkley Combest Greenwood Manzullo I would urge everyone on both sides Andrews Barcia Berman Cox Hansen McCrery of the aisle who want to speed up this Baca Barrett (WI) Berry

VerDate 27-JAN-2000 04:02 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.123 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H137 McInnis Reynolds Stump Act; and ``no'' on the motion to instruct con- provision of law permits or requires the McIntosh Riley Sununu McKeon Rogan Sweeney ferees on H.R. 2990. disclosure of classified information to Mica Rogers Talent f unauthorized persons. The determina- Miller (FL) Rohrabacher Tancredo tion also was not intended to limit the Miller, Gary Ros-Lehtinen Tauzin PERSONAL EXPLANATION applicability or enforcement of any re- Moran (KS) Royce Taylor (NC) Nethercutt Ryan (WI) Terry Mr. DEMINT. Mr. Speaker, due to the un- quirement of law applicable to the Air Ney Ryun (KS) Thomas timely passing of one of my district staff mem- Force’s operating location near Groom Northup Salmon Thornberry bers, I was detained from rollcall votes both Lake except those provisions, if any, Nussle Scarborough Thune Ose Schaffer Toomey yesterday and today. Had I been present that would require the disclosure of Oxley Sensenbrenner Upton today, I would have voted ``yea'' on passage classified information. Packard Sessions Vitter of H.R. 764, the Child Abuse Prevention and WILLIAM J. CLINTON. Paul Shadegg Walden THE WHITE HOUSE, January 31, 2000. Pease Shaw Walsh Enforcement Act (rollcall vote 4), ``yea'' on Peterson (MN) Shays Wamp passage of H.R. 1838, the Taiwan Security f Peterson (PA) Sherwood Watkins Enhancement Act (rollcall vote 5), of which I Petri Shimkus Watts (OK) am a cosponsor, and ``no'' on the motion to in- b 1645 Pickering Shuster Weldon (PA) Pitts Simpson Weller struct conferees on H.R. 2990 (rollcall vote 6). AGREEMENT BETWEEN THE Pombo Skeen Whitfield In addition, had I been present yesterday, I UNITED STATES AND THE RE- Portman Smith (MI) Wicker would have voted ``yea'' on both rollcall vote 2 Pryce (OH) Smith (TX) Wilson PUBLIC OF LATVIA CONCERNING Radanovich Souder Young (AK) and rollcall vote 3. FISHERIES—MESSAGE FROM THE Ramstad Spence f PRESIDENT OF THE UNITED Regula Stearns REMOVAL OF NAME OF MEMBER STATES ANSWERED ‘‘PRESENT’’—28 AS COSPONSOR OF H.R. 72 The SPEAKER pro tempore (Mrs. Bachus Ganske McHugh BIGGERT) laid before the House the fol- Barr Gilman Metcalf Mr. GALLEGLY. Madam Speaker, I Boehlert Hunter Norwood ask unanimous consent to have my lowing message from the President of Bono Jenkins Roukema name removed as a cosponsor of H.R. the United States; which was read and, Brady (TX) Jones (NC) Saxton together with the accompanying pa- Cook Kelly Smith (NJ) 72. Cooksey King (NY) Weldon (FL) The SPEAKER pro tempore (Mrs. pers, without objection, referred to the Foley LaTourette Committee on Resources and ordered Wolf BIGGERT). Is there objection to the re- Franks (NJ) LoBiondo to be printed: Frelinghuysen McCollum quest of the gentleman from Cali- fornia? To the Congress of the United States: NOT VOTING—24 There was no objection. In accordance with the Magnuson- Barrett (NE) Gutknecht Sanchez Stevens Fishery Conservation and Bass Hinojosa Sanford f Brown (OH) Istook Tiahrt Management Act (16 U.S.C. 1801 et Bryant Jackson-Lee Turner PRESIDENTIAL DETERMINATION seq.), I transmit herewith an Agree- Campbell (TX) Vento 99–37 REGARDING EXEMPTIONS ment between the Government of the Carson Myrick Waters UNDER RESOURCE CONSERVA- United States of America and the Gov- DeMint Porter Young (FL) Fattah Quinn TION AND RECOVERY ACT—MES- ernment of the Republic of Latvia ex- Graham Rivers SAGE FROM THE PRESIDENT OF tending the Agreement of April 8, 1993, THE UNITED STATES b 1644 Concerning Fisheries Off the Coasts of The SPEAKER pro tempore laid be- the United States, with annex, as ex- Messrs. BATEMAN, WELLER, fore the House the following message tended (the ‘‘1993 Agreement’’). The CAMP, PORTMAN, CANNON, DICKEY, from the President of the United present Agreement, which was effected and Mrs. WILSON changed their vote States; which was read and, together by an exchange of notes at Riga on from ‘‘yea’’ to ‘‘nay.’’ with the accompanying papers, without June 7 and September 27, 1999, extends Mr. BACHUS changed his vote from the 1993 Agreement to December 31, ‘‘yea’’ to ‘‘present.’’ objection, referred to the Committee on Commerce. 2002. So the motion to instruct was agreed In light of the importance of our fish- To the Congress of the United States: to. eries relationship with the Republic of Consistent with section 6001(a) of the The result of the vote was announced Latvia, I urge that the Congress give Resource Conservation and Recovery as above recorded. favorable consideration to this Agree- Act (RCRA) (the ‘‘Act’’), as amended, A motion to reconsider was laid on ment at an early date. 42 U.S.C. 6961(a), notification is hereby the table. WILLIAM J. CLINTON. given that on September 20, 1999, I Stated for: THE WHITE HOUSE, January 31, 2000. Ms. SANCHEZ. Mr. Speaker, during rollcall issued Presidential Determination 99– vote No. 6 on February 1, 2000, I was un- 37 (copy enclosed) and thereby exer- f avoidably detained. Had I been present, I cised the authority to grant certain ex- BIENNIAL REVISION TO UNITED would have voted ``yea.'' emptions under section 6001(a) of the STATES ARCTIC RESEARCH Stated against: Act. PLAN—MESSAGE FROM THE Mr. PORTER. Mr. Speaker, I was absent for Presidential Determination 99–37 ex- PRESIDENT OF THE UNITED the vote on the motion to instruct the con- empted the United States Air Force’s STATES ferees on H.R. 2990, the Bipartisan Con- operating location near Groom Lake, sensus Managed Care Improvement Act of Nevada, from any Federal, State, inter- The SPEAKER pro tempore laid be- 1999. Had I been present I would have voted state, or local hazardous or solid waste fore the House the following message ``nay.'' laws that might require the disclosure from the President of the United Mr. GUTKNECHT. Mr. Speaker, I was un- of classified information concerning States; which was read and, together avoidably detained earlier today and was not that operating location to unauthor- with the accompanying papers, without present for rollcall vote No. 6. Had I been ized persons. Information concerning objection, referred to the Committee present, I would have voted ``no.'' activities at the operating location on Science: f near Groom Lake has been properly de- To the Congress of the United States: termined to be classified, and its dis- Pursuant to the provisions of the PERSONAL EXPLANATION closure would be harmful to national Arctic Research and Policy Act of 1984, Mr. TIAHRT. Mr. Speaker, today I was un- security. Continued protection of this as amended (15 U.S.C. 4108(a)), I trans- avoidably detained and missed rollcall vote information is, therefore, in the para- mit herewith the sixth biennial revi- Nos. 4, 5, and 6. Had I been present, I would mount interest of the United States. sion (2000–2004) to the United States have voted ``yes'' on H.R. 764, Child Abuse The determination was not intended Arctic Research Plan. Prevention and Enforcement Act; ``yes'' on to imply that in the absence of a Presi- WILLIAM J. CLINTON. H.R. 1838, the Taiwan Security Enhancement dential exemption, RCRA or any other THE WHITE HOUSE, February 1, 2000.

VerDate 27-JAN-2000 04:02 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.061 pfrm02 PsN: H01PT1 H138 CONGRESSIONAL RECORD — HOUSE February 1, 2000 SPECIAL ORDERS fund on other government programs. The mid- government, to have a rainy day fund. A rainy The SPEAKER pro tempore. Under dle portion of this chart represents what we day fund for a government that owes $5.7 tril- the Speaker’s announced policy of Jan- have borrowed from the other 112 trust funds. lion is starting to pay down that debt. I ask my uary 6, 1999, and under a previous order Madam Speaker, I think it is so important colleagues to resist the political temptation to of the House, the following Members that we not, if you will, hoodwink or mislead increase spending. will be recognized for 5 minutes each. the American people that we are paying down f the debt of the country when we really are not. f The SPEAKER pro tempore. Under a As Members will see by this chart, the total The SPEAKER pro tempore. Under a previous order of the House, the gen- debt continues to increase. This continued in- tleman from Florida (Mr. SCAR- previous order of the House, the gen- crease in debt is if we have a freeze, and con- tleman from Wisconsin (Mr. KIND) is BOROUGH) is recognized for 5 minutes. tinue to only spend at last year's spending (Mr. SCARBOROUGH addressed the recognized for 5 minutes. level. Of course, last year we added another (Mr. KIND addressed the House. His House. His remarks will appear here- $20 billion of emergency spending. So if we after in the Extensions of Remarks.) remarks will appear hereafter in the add that spending to what we already spent f Extensions of Remarks.) last year and we froze at that level for that f next 5 years, then we are going to continue to CHARITABLE CONTRIBUTIONS The SPEAKER pro tempore. Under a increase the national debt. The SPEAKER pro tempore. Under previous order of the House, the gentle- We talk about the words ``balanced budget.'' the Speaker’s announced policy of Jan- woman from Florida (Ms. ROS- Do Members not think it would be reasonable uary 6, 1999, the gentleman from Indi- LEHTINEN) is recognized for 5 minutes. to define a balanced budget as a spending ana (Mr. SOUDER) is recognized for 60 (Ms. ROS-LEHTINEN addressed the level when the total debt of the country does minutes. House. Her remarks will appear here- not continue to increase? I think it would. after in the Extensions of Remarks.) I am a farmer. On the farm, a lot of us try THE SOCIAL SECURITY TRUST FUND Mr. SOUDER. Madam Speaker, first, f to pay off the mortgage so our kids have a lit- tle better life, have a little better chance of I would like to associate myself with The SPEAKER pro tempore. Under a comments of my friend, the gentleman previous order of the House, the gentle- making it, so we try to pay down the mortgage so their life does not have the kind of sac- from Michigan, on the trust fund. I woman from Idaho (Mrs. CHENOWETH- think it is absolutely important, before HAGE) is recognized for 5 minutes. rifices that some of us went through. But in this Congress, we are going just the we go on some sort of spending spree in (Mrs. CHENOWETH-HAGE addressed this House, that we replenish our trust the House. Her remarks will appear other way. We are adding to the mortgage of the country, and we are asking our kids and funds, which are somewhat inappropri- hereafter in the Extensions of Re- ately named. We have not kept that marks.) our grandkids to sacrifice their living standards because we think our needs today are so much in trust. f great we should overindulge or overspend However, what I wanted to address The SPEAKER pro tempore. Under a now. Let us start really balancing the budget. this House for a few minutes on is pos- previous order of the House, the gen- Let us stop borrowing from the 112 trust funds sibly the most important way to tleman from North Carolina (Mr. for other government spending. achieve social change in this country JONES) is recognized for 5 minutes. On the top of this chart we see social secu- to help those who are hurting, those (Mr. JONES of North Carolina ad- rity trust funds. That is the largest surplus we who are in need through creative build- dressed the House. His remarks will ap- have coming from any of the trust funds. But ing up and strengthening of charitable pear hereafter in the Extensions of Re- then there is the Medicare trust fund and the and nonprofit organizations in this marks.) others 111 trust funds. In the gray portion in country. f the middle of this chart, we have represented I was pleased to see that President Clinton in his State of the Union Ad- THE CHALLENGE FACING CON- another 112 trust funds we are borrowing from. Without that borrowing, we do not have dress has a proposal. I wanted to ad- GRESS AS IT DEVELOPS THE dress a few others. NEW BUDGET a balanced budget. Let me show Members this other chart. If The Give Act, which I introduced in The SPEAKER pro tempore. Under a we stick to our budget caps, this chart rep- the last Congress and have many spon- previous order of the House, the gen- resents how we can pay down the Federal sors in this House for, would use the tleman from Michigan (Mr. SMITH) is debt. It does not start to go actually down until existing tax code by giving a 120 per- recognized for 5 minutes. 2003, but at least it starts to go down. cent deduction for charitable contribu- Mr. SMITH of Michigan. Madam Speaker, I Let me suggest to Members and the Presi- tions. It also allows non-itemizers who would like to talk a minute about the challenge dent that increasing spending is not good pub- give more than a $1,000 to charity to facing this Congress as we develop next years lic policy. I see keeping solvent both social se- deduct their contributions, and moves new budget. Part of the question is, are we curity and Medicare a huge challenge. The ac- the filing deadline on the return to really going to pay down the debt, and do we tuaries at the Social Security Administration April 15 so people can calculate better really have a balanced budget. The answer is estimate that over the next 75 years, over the how much they could get in an extra no on both counts. next 75 years, there will be $120 trillion less tax break by giving to charitable orga- As Members will notice this chart, I have di- coming in from the social security tax than is nizations. vided our debt into three segments, because needed to pay benefits. Along with the gentleman from Vir- there is a great deal of confusion in terms of Let me say that again. The social security ginia (Mr. SCOTT), we had an amend- what our debt really is. Are we really paying actuaries at the Social Security Administration ment in the Community Service Block down the debt? We hear the candidates run- estimate that we are going to need $120 tril- Grant in 1998 to allow half of the State ning in this first primary today in New Hamp- lion more than what is expected to come in funds, which is 5 percent of the Com- shire talking about the importance of paying from the 12.4 percent social security tax over munity Services Block Grant, to be down the debt. Madam Speaker, the total debt the next 75 years to pay the benefits that we used to offset revenue losses associated of this country is now $5.72 trillion. This $5.72 have promised; a tremendous challenge in so- with State charity tax credits. trillion I have divided up into three categories. cial security, a tremendous challenge of keep- So we have already passed one bill in One is what I call the Wall Street debt, or ing solvent the Medicare program. this House. We have also, with a num- the debt held by the public. That is approxi- I think we have to be very careful about im- ber of amendments that I and others mately $3.6 trillion. The other portion of the plementing what the President has suggested have offered, allowed charitable choice debt is the social security surplus about $1 tril- on increased spending. We cannot continue to in the human services reauthorization. lion. Right now, because we are overtaxing expand the size of this government, to in- We had it in the juvenile justice reau- American workers, we are bringing in about crease spending. Let us start solving the prob- thorization and numerous other bills to $153 billion this year more in social security lems of social security, Medicare, and start allow charitable organizations to take taxes than is required for the payment of cur- paying down the debt. part in government grant bidding. rent benefits. For the last 40 years we have Madam Speaker, during good times, it is I also support Governor Bush’s ef- been using that extra social security surplus to reasonable, whether you are a family or a forts to advance this; in the name of

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.131 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H139 compassionate conservatism, to expand Members of the Democratic Caucus on plus on non-Social Security items. Ac- the charitable deduction to non- the BEST agenda, B-E-S-T. It is kind of tually, he said let us only save 62 per- itemizers, to provide a tax credit of up easy to remember if we keep it in cent, but doing the math, that would to 50 percent of the first $500 for indi- mind. mean spending 38 percent of the Social viduals, up to $1,000 per couple, against B: Building up the military. Security surplus. That is not good State income or other taxes, to give One of the big problems we have is we enough. permanent charitable contributions are still in a dangerous world, and al- We need to protect and preserve 100 from IRA accounts for persons over the though the Soviet Union has fallen, we percent of the Social Security surplus. age of 59 without penalty, extend the can still see, if we have watched Russia Last year this Congress left town with proposed charitable State tax credit to and Chechnya, that Russia really has $147 billion in the surplus trust fund so corporations, raise the cap on cor- not changed. Their political system that our loved ones can retire to an in- porate charitable donations, because has, but their philosophy of being an come that is there because of the the proposals of Governor Bush are an- aggressive nation certainly has not. money they put in it. other dynamic way to address this con- And they have a lot of military nuclear And the T is tax relief. Every day another couple gets mar- cern of how best to solve the social weapons over there. The question is ried and when they do, they get a bill, problems that are overwhelming many what are they doing with that nuclear $1400 for walking down the aisle to- arsenal? One of the things is they are of our inner cities, our suburban areas gether. We need tax relief for working selling it to renegade countries. We and our rural areas, as well. America. President Clinton the other night need to keep an eye on them. Madam Speaker, that is what it is. proposed the following initiatives: Madam Speaker, we cannot disengage The BEST agenda. Allow non-itemizers to deduct 50 per- from the world military scene. The There is one other angle in there that cent of contributions over $500 a year world is still an unstable place. There I want to say. Despite all the great when fully phased in, simplify and re- are too many Saddam Husseins and prosperity and despite all the million- duce the excise tax on foundations by North Koreas out there. aires that have been made in the high- eliminating the current two-tiered sys- Also, we lose lots of soldiers because tech industry, one industry that has tem, and also to increase the limit on of the deployments. From World War II been left behind is agriculture. We need deductions for donations of appreciated until 1989, there were 11 deployments. to reach out to America’s farmers. Less assets, such as stock, real estate, and But since 1989, there have been 33 de- than 2 percent of the population now art, to charity from 30 to 50 percent of ployments. And all we have to do as a feeds 100 percent of America, plus a the adjusted gross income, and to pri- Member, and I recommend to all of the great percentage of the whole world. vate foundations from 20 to 30 percent. Members of Congress to do this, they We need to make sure that our farm President Clinton’s proposals are an should go talk to some of the military families are not left behind. How can important first step. I hope he expands posts and bases in their district and they grow oats in Millen, Georgia, and his charitable proposal. I hope that find out how the recruitment is doing compete against the foreign market this House, when we move what is most and the reenlistment is doing. They are that is subsidizing their farmer 30 per- likely to be some sort of a tax package, losing lots of good soldiers. cent in another country? They cannot will look at Governor Bush’s proposals, Another reason is, despite the Repub- do that. And yet we let our farmers get we will look at President Clinton’s pro- lican 4.8 percent pay raise that we beat to death by foreign farmers whose posals, we will consider the proposals passed in this Congress last year, there governments subsidize them. that the gentleman from Oklahoma is still a 13 percent pay gap between We need to try to close that. We need (Mr. WATTS) and the gentleman from military and civilian pay. to help balance things. We need to have tough trade negotiations when we are Missouri (Mr. TALENT) have proposed, These things have to be addressed, so that we will look at the Give Act that the ‘‘B’’ in BEST is to build up the negotiating multinational trade agree- I and over 20 other Members of Con- military. ments. So these are things that we gress have proposed, because I do not E: E is for education. have worked on. We are going to con- think there is a single more important The idea behind that is to return edu- tinue to work on. I believe that it is important for thing we can do to help rehabilitate cation to the local control. Think, Democrats and Republicans to put our communities and families in this Madam Speaker, about those great classic teachers that we were able to aside partisan politics and, despite the country than to get additional dollars hot air that is coming out of the cold into the hands of those who are sacri- grow up and experience in our edu- cational careers. The teachers who State of New Hampshire, do what is ficing, who day-to-day are working in best for America and do it here in tutoring, in counseling in the schools, were just commander of the ship when we went in their classroom. They may Washington, D.C. in housing rehabilitation, in drug f rehab, in all sorts of outreaches to the have had a few extra rules. They families and children in this country worked us hard and were disciplinar- HOUSE AND SENATE CONFEREES who are hurting. ians, but they changed our lives. And if SHOULD MEET IMMEDIATELY ON we got a B in their class, it was worth HMO REFORM b 1700 an A in half a dozen other classes be- The SPEAKER pro tempore. Under To the degree that in a tax package cause that teacher got the best out of the Speaker’s announced policy of Jan- we ignore that, it will be on our heads. us. uary 6, 1999, the gentleman from Texas I really hope that our leadership and Madam Speaker, those teachers are (Mr. GREEN) is recognized for 60 min- the Committee on Ways and Means will rare these days because they are tired utes as the designee of the minority carefully consider these charitable tax of the bureaucracy. Is somebody up on leader. proposals and include them in any tax the sixth floor or the third office down Mr. GREEN of Texas. Madam Speak- package. to the right in the cubical telling er, over the next hour, we will be hear- f teachers in Georgia and Illinois and in ing from lots of Members talking about Maine and in California and Miami how THE B.E.S.T AGENDA not only the vote we took today on the to teach? Come on. There is not a bu- motion to instruct conferees, but talk The SPEAKER pro tempore (Mrs. reaucrat that smart in our town. about the need for managed care re- BIGGERT). Under a previous order of the Return education to the local con- form and HMO reform. Because Con- House, the gentleman from Georgia trol. Let the teacher in the classroom gress, being out of session since late (Mr. KINGSTON) is recognized for 5 min- get the dollars. Let the teacher run the November, and having passed the man- utes. show. aged care reform bill actually in early Mr. KINGSTON. Madam Speaker, I The S in BEST: Saving Social Secu- October, here we are February 1 and we wanted to talk to the House tonight rity. are back in session with no hope in about the agenda which the Republican Last year in his State of the Union sight of the conference committee ac- Conference is moving. We have worked address, the President said let us spend tually meeting. They have not met for closely with the White House and some 38 percent of the Social Security sur- 4 months.

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.137 pfrm02 PsN: H01PT1 H140 CONGRESSIONAL RECORD — HOUSE February 1, 2000 Madam Speaker, that is the concern My colleagues on the other side of the conference committee would con- we have. That issue is still on the front the aisle, hopefully they are not choos- sider it and hopefully even pass it. burner for the American people. That ing to ignore the will of the American In my home state of Texas which is why today there was a great deal of people, because I have seen the poll passed many of the patient protections time spent on H.R. 2990, instructing numbers and they have been consistent included in the Norwood bill, there has conferees on managed care that was for over a year. The people want a been no premium increases based on authored by the gentleman from Ar- strong Patients’ Bill of Rights and HMO reform and there has been no kansas (Mr. BERRY) who was trying to managed care reform bill so when they mass lawsuits that have been filed, move that issue further along. In fact, go to the doctor or to the hospital, that some of the things that we heard last since the motion to instruct passed, they will know that they have some year in some of the opposition. What Madam Speaker, we hopefully will see protections. They will be able to Texas residents do have are health care our conference committee meeting not choose to talk with their physician. protections that were in the Norwood- maybe at the end of February or Our bill eliminates the gag clauses to Dingell bill that we need to expand to March, but hopefully in the next 10 where a physician and a patient can ac- all Americans, not just Texans who days; instead of seeing the delay, delay, tually talk to each other without the happen to have a policy that is licensed delay that we have seen over the last 4 managed care provider or the insurance under the laws of the State of Texas. months, and not just over the last 4 company saying, No, we do not cover In fact in my district in Houston, it months but over the last number of that procedure so you cannot even tell is estimated that 60 percent of the peo- years whenever the House has consid- the patient that that is available; al- ple have an insurance plan which ered managed care reform, even if a lows open access to specialists for comes under ERISA or federal law and strong bill passes like it did this last women and children; gives patients not under State law. So it does not do time. And, particularly, when we see timely access to an appeals process. any good for the legislatures of all 50 that the conference committee ap- And, again, health care delayed is States to pass these bills if 60 percent pointees from the majority side, not health care denied. And if we do not of the people are covered under Federal one of them voted for the bill that have a swift and sure appeals process, law. That is why I think it is impor- passed this House in early October. then we are actually delaying health tant that we have all these protections So it kind of makes us a little sus- care and actually denying that health in the bill; that a conference com- picious that the bill that we worked so care. mittee meet and come back with a hard to pass on the bipartisan bill, Nor- It provides coverage for emergency strong bill as strong as that which wood-Dingell, and it is not as bipar- care, and I see my colleague the gen- passed the House. tisan as I would like, although it tleman from New Jersey (Mr. PALLONE) Again, there may be some small nu- passed the House on a very bipartisan is here and he and I have talked for ances that need to be changed, but not vote. And after months of negotiation many months here on the floor that something like what passed the U.S. we reached a consensus, again to have Americans should not have to drive by Senate because that one I would hope that bipartisan vote. It has been 4 the closest emergency room to go to would be vetoed. The Senate bill actu- months since we passed that bill, but the one on their list. They ought to be ally overturns some of the State laws we have not seen any action on the stabilized at the closest one and then that have been passed. That is why I Norwood-Dingell HMO reform bill. be transferred once they know whether was pleased when the gentleman from Our Republican leadership continues the chest pains they are having is real- Arkansas (Mr. BERRY) offered a motion to, I do not know, maybe because we ly the pizza they had last night or may to instruct conferees to begin meetings were out of session, but it seems like actually be a heart attack. So we need and pass a bill that provides real pro- they delay. And when we talk about to have the emergency care as soon as tections for patients. gimmicks and watered down proposals possible. However, Madam Speaker, we should to take away the strength from a real Ensure that patients can continue to not have to resort to those tactics to managed care reform bill or HMO re- see the same health provider, even if have any action on managed care re- form bill, because we heard today the their provider leaves the plan or their form. We ought to be able to do it be- bill that was actually considered had plan changes. One of the concerns that cause it is right. We should not have lots of different health care issues in it, we have is the continued changes in stonewalling on a conference com- including access. the plans. Physicians and providers go mittee that actually should have been I would like, as a Democrat, particu- in and out of the plan, and also facili- meeting for the last 4 months but has larly to talk about access. We have 44 ties, and the patients are the ones that not. The American people have asked million Americans without some type seem like they are being whipsawed us to pass a real HMO reform bill and of health insurance coverage. But I around and they are losing that health it should be at the top of our agenda know we have 48 million Americans care in there. and we should do it without any more who have self-insured employer plans One of the most important things delays. that do not have the protections that that makes everything else in this The conference committee needs to we need to have in this HMO reform laundry list important is the medical meet and promptly decide on a bill bill. decision maker has to be held account- that protects patients and pass real So let us take it one step at a time able. We have the health care provider, HMO reform. and have it. Let us pass an HMO reform the doctor, held accountable under tort With that, I yield to the gentleman bill so those 44 million Americans, law. But if that doctor is being told by from New Jersey (Mr. PALLONE), the when they do get some type of insur- someone in Hartford or Omaha, No, chair of our Health Task Force in the ance, hopefully we will pass some tax you cannot do that, then that person Democratic Caucus. And I understand incentives and some encouragement for needs to be responsible. each conference has a task force and I people to do it so that they will have a There is a fear that we have heard am glad the gentleman is chair of ours. policy that will mean something in- that employers are going to be sued. Mr. PALLONE. Madam Speaker, I stead of a worthless piece of paper. But in the bill that passed the House, thank the gentleman from Texas for Again, we have not had one meeting that was not in the intent or the lan- what he said. And, particularly, be- of the conference committee on the guage of that bill, unless that employer cause he pointed out how HMO reform, managed care reform bill. And I think is making that decision. But if an em- or something very similar to the Pa- this is unacceptable for not only those ployer goes out and buys insurance and tients’ Bill of Rights, has been, in fact, of us who voted in the majority, but says, yes, I can afford this plan and I law in Texas now for some time and is those 44 million Americans who belong am going to pay for this plan, and working very well. And that they have to the self-insured health insurance turns it over to their carrier to make had very few lawsuits. plans that oftentimes have little pro- those decisions, then that carrier is the b tections from neglectful and wrongful one, not the employer. And if there is 1715 decisions made by their insurance better language to insulate the em- And as he mentioned, and I think it plans. ployer from being sued, I would hope is so important, the reason there are so

VerDate 27-JAN-2000 04:13 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.139 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H141 few lawsuits is because basically the action to bring the House and the Sen- passed bill that was a Democratic bill patient protections that we are advo- ate together, represented by their con- that was passed on a bipartisan basis cating here at the federal level are pre- ferees, to try to come up with a bill versus a Senate bill. All we are saying ventive measures. In other words, the that both houses can agree on and send in this motion to instruct is that we HMOs, when they know they have to to the President. must stick with the House version, be- provide these protections, take more So when the Republican leadership cause if we do not, we will not have a precautions, do the right thing; there- says give us more time, I think one of true Patients’ Bill of Rights. fore, it is not necessary for them to be my colleagues said on the Republican I wanted to give a few other exam- sued, except in very few cases. side, well, we will get to this by the ples. And I am not looking to beat a I think that sort of belies the critics end of the month, meaning the end of dead horse here, but I want to give a of the Patients’ Bill of Rights who say February, my reaction is, well, they few more examples of the contrasts be- it is going to be litigious and there are have already had 4 months and time is tween this Republican Senate bill and going to be so many lawsuits and that running out. There will not be many this essentially Democratic House bill costs will go up. In fact, just the oppo- days left in this Congress. Certainly we that we keep insisting on. site has happened in Texas. But the are going to be out of here by October With regard to care for women in the problem, as my colleague has pointed if not sooner. And if we do not start Republican Senate bill, it does not out, we need this at the federal level meeting and having the conferees meet allow designation of OB-GYN as a pri- because of the federal preemption of and talk about the differences between mary care physician. It does not re- those people who come under ERISA; these bills and what can be done to quire a plan to allow direct access to those who, through their employer, are achieve a consensus, we will never get OB-GYN except for routine care. On in self-insured plans, which is millions a good Patients’ Bill of Rights passed. the other hand, the Democratic bill, and millions of Americans that come The other thing I would point out is the House bill that we insisted on under that federal preemption, so they the reason we insisted on sticking with today in the motion to instruct, allows are not allowed to sue their HMO. the House version, so that the House patients to designate OB-GYN as a pri- I do not want to stress the suit as- version should be the one, or some- mary care physician and provides di- pect, however, because I do not think thing close to it should be the one that rect access to OB-GYN for all OB-GYN that is as crucial as the fact that an in- the conference adopts, is simply be- services. dividual needs an independent ability cause there is such a disparity between Specialty care. How many of our con- to appeal a denial of care. And that can the House bill, which basically is true stituents have come to us and told us be done under the Patients’ Bill of HMO reform and protects against these that some of the problems they have Rights through a very good internal re- abuses, as opposed to the Senate bill had with HMOs is they do not have ac- view, or internal appeal, as well as an that really does not cover anybody. cess to the specialty care that they external administrative appeal where My colleague from Texas was point- need. Well, in the Republican Senate an individual goes before a board that ing to some of these things, but I just bill there is no ability to go outside the is not influenced by the HMO. And that wanted to point out some of the gross HMO network at no extra cost if the board can overturn the decision of the disparities between the two bills. The HMO’s network is inadequate with re- HMO to deny care without having to go Republican Senate bill leaves more gard to a particular specialist or spe- to court. than 100 million Americans uncovered, cialty care. Basically, what the Repub- So there are a lot of ways that we because most substantive protections lican Senate bill does is to allow HMOs achieve accountability in the Patients’ in the bill apply only to individuals en- to write contracts rendering the pa- Bill of Rights without actually having rolled in private employment-based tient protections meaningless. In other to bring suit. And as the Texas case self-funded plans. Now, a self-funded words, specialty care is covered under points out, those situations where suits plan is one in which the employer pays the contract only when authorized by a are brought are very, very few indeed. medical bills directly, rather than buy- gatekeeper. Now, Mr. Speaker, the reason why ing coverage from an HMO or insurance Well, what good is that? That is the the gentleman from Texas (Mr. GREEN) company. These are the ones that come problem that our constituents are com- and myself are here today is because under the ERISA exemption, or the plaining about, how they cannot go to earlier today, maybe within the last ERISA preemption I should say. a specialty doctor unless they get a re- half hour or hour, we passed in the There was a recent study in Health ferral each time; and a lot of times the House, by a considerable margin, a mo- Affairs that found that only 2 percent specialty care is not even available tion to instruct the conferees so that of employers offer HMOs that would be within the network. This is all mean- we go to conference on the Patients’ covered by the standards in the Repub- ingless under the Republican Senate Bill of Rights. And we also directed lican Senate bill and only 9 percent of bill. The Democratic, the House passed those conferees to stick with the House employees are in such HMOs. Self-fund- bill, provides the right to specialty version of the bill, which is really the ed coverage is typically offered only by care if specialty care is medically indi- only true Patients’ Bill of Rights. large companies. Of 161 million pri- cated. And it ensures no extra charge What the Senate passed, in my opinion, vately insured Americans, only 48 mil- for use of non-network specialists if is really sham reform that does not add lion are enrolled in such plans. And of the HMO has no specialist in network up to anything in terms of actually these 48 million, only a small number, appropriate to treat the condition. dealing with the excesses and the at most 10 percent, are in HMOs. Just a couple of other things. Prob- abuses that we have seen so many So when I say that the Senate Repub- ably the most important thing, and I times with HMOs. lican bill is sham HMO reform, I am know my colleague from Texas would So I wanted to react to some of the not just making that up. We have data agree, is not only the ability to go for comments that were made on the other to show that because of the exclusions some kind of external review if some- side of the aisle by the Republicans in and because so many insurance plans, one has been denied care that is not bi- the leadership who said this motion to so many people covered by their insur- ased against them, or ultimately the instruct was not necessary. Well, let ance would not come under this bill ability to bring suit, but also the whole me say this motion to instruct was and have the patient protections we definition of what is medically nec- necessary, and the majority of Mem- are talking about, in effect the Senate essary. In other words, the problem bers on both sides of the aisle voted for bill is meaningless. It does not have that we face with so many of our con- it because it is necessary. And it is nec- any teeth to it at all because it does stituents is that the decision of what essary because 4 months have passed not even apply to most people with kind of care they need, the decision of since this House took up and passed health insurance. what is medically necessary, which is the Patients’ Bill of Rights, a very The list could go on. By contrast, I essentially the same thing, right now strong HMO reform bill. And yet in should point out, of course, the Demo- is basically made by the insurance those 4 months, even though the Sen- cratic bill would apply to all those company or the HMO. ate had passed another bill, I think last plans. And I should say it is not even What my constituents say to me is, I July or so, we still have not seen any the Democratic bill. It is the House- do not want the decision about what

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.141 pfrm02 PsN: H01PT1 H142 CONGRESSIONAL RECORD — HOUSE February 1, 2000 kind of operation I get or how long I we want to muck that up by dealing maybe my colleague will look at that stay in the hospital or what kind of with the issue of medical mistakes, instead of what I am really doing. That equipment I am eligible to use; I do not which will probably take another year is what concerns me after the debate want that to be made by the insurance or two to get that resolved and we can today. company. I want it to be made by my finally get a consensus on that. I would hope that that conference physician, with me, because my physi- Another Republican colleague talked committee would meet. I am concerned cian knows what is best for me. He is about access for the uninsured. And I because of the number of members on the medical adviser. He is the doctor. am totally in favor of more access for it who did not vote for the bill that He is the one that knows, not the the uninsured. The President in his passed the House. And there were lots nameless bureaucrat working for the State of the Union address the other of Republican Members who voted for insurance company. day, and my colleague from Texas, the bill, but, again, it looks like it is Well, under the Republican Senate talked about how we have proposals stacked and it is weighted against a bill they allow the HMOs to define now on the Democratic side that would real HMO reform bill, particularly medically necessary, what is medically expand health insurance coverage for when we look at what the Senate necessary. No matter how narrow or more children, taking the parents of passed and what the Senate side will be unfair to patients the HMO’s defini- the kids that are part of the Kids’ Care doing. tion, their definition controls in any Initiative; address the problems of the But I hope the American people un- coverage decision, including decisions near elderly so they can buy into Medi- derstand that we will continue to talk by an independent third-party re- care. Sure, all these other access issues about this over the next few months viewer. So even if someone had the ex- for the uninsured need to be resolved, unless we have a vote. ternal review or had the right to bring but, again, we do not have a census on suit, what good is it if all the external that. They are now in the formative b 1730 reviewer is going to go over or what stage in terms of the debate and where the court looks at is how the HMO de- we are going to go. They have to have And even if we have a vote, if they fines what is medically necessary? committee hearings, they have to be come back with a weak milquetoast That just kills the whole thing. That voted on the floor, they have to be ad- piece of legislation, and next year let makes the whole HMO reform mean- dressed in both houses, and there is no us pass something that sounds good, ingless, if that decision about how to consensus. then I will be up here saying, no, it is define what is medically necessary is So, again, why would we want to not good. Let us not pass something essentially made by the HMO. muck up the issue of the Patients’ Bill that is really a fake, this is a fig leaf. What we say, and most importantly of Rights, which has the consensus and After 4 months of delay, I would in the House-passed bill, the one that can get the votes and can pass and be think that now we may see some ac- we have been insisting on today in the signed by the President? Why would we tion. And if they come back, well, let motion to instruct, is that that defini- want to throw in all these other us throw something out there and we tion is made by the physician with the things? Basically, it comes back to want something that is really HMO re- patient, and basically is a definition what the Republican leadership was form patterned after what success that based on what the standard of care is doing all along with the Patients’ Bill has happened not just in Texas but within that specialty group, by the of Rights. They tried their darnedest to with States all over the country, we diplomates, the people that have the try to throw all kinds of poison pills have a pattern that has worked. diploma in cardiac care or the people into that debate and add all these For example, when we talk about the that have the expertise in other kinds amendments with the MSAs, the med- external appeals process, the external of specialty care. Those are the people ical savings accounts, the health appeals work in Texas is they have the who should be defining what is medi- marts, and all these other things, even right to go to court afterwards. Fifty- cally necessary. the issue of medical malpractice at one two percent of the appeals are found in I could go on and on, and we will talk point. All these things they tried to favor of the patient. a little more about why this Demo- throw in as poison pills so that we Now, sure, half of them, a little less cratic House bill is so much better could not get to the heart of the issue than half, are found in favor of the in- than the Senate bill and why we need where there was a consensus. surance company. And so, if I as a pa- to insist on that in the conference; but I simply say once again, based on tient take an appeal in the external ap- the other thing that I wanted to men- that motion to instruct, do not fool peals process and I am not entitled to tion, and then I will yield back to my around any more. Let us go to con- that type of service or that type of colleague, and this came up again dur- ference. We know we can deal with treatment, then I am probably not ing the debate today on the motion to these HMO reform issues, these patient going to go to the courthouse. instruct, is that what I see happening protections. Let us deal with them and But I tell my colleagues, if 52, better here on the Republican side of the aisle resolve them in a way that protects the than half, of the people in the insur- with the Republican leadership is that American people and not try all these ance company are wrong the first time they realize that the Patients’ Bill of other gimmicks to try to make it so we and if we do not pass a strong appeals Rights has majority support in this never get to what is really important process with a backup of the right to House, and I think also in the Senate here and what we can pass. go to the courthouse, then those half of as well, and amongst the American With that, I would yield back to my those people in Texas who are finding people, and so they cannot really fight colleague. now, or more than half, that they real- it any more by saying it is a bad bill. Mr. GREEN of Texas. Well, just in ly have some good coverage and they So what they are now trying to do is to closing, because I think this is impor- have that treatment that they need, change the subject. tant, the first day we have actually they will be lost. And so, that is why Instead of talking about the Pa- had votes, other than a rollcall vote this issue is so important not just for tients’ Bill of Rights today, so many of last week, the HMO reform bill is lit- those of us who run for office and serve my colleagues on the Republican side erally the top priority for us. Sure, we here but for the people we represent. of the aisle tried to bring up other have to deal with the budget and we I represent both Democrats and Re- issues. One of my Republican col- need to deal with medical mistakes, publicans, like my colleague; and I leagues talked about why we do not and there are hearings in the Senate have found that in my district, I do not deal with the issue of medical mis- going on, because access is important; ask people whether they are Democrat takes, because that has become a but let us deal with one issue at a time. or Republican when they call me, but major issue now. I am not saying it I think the American people under- it is interesting when the people who should not be addressed, but why are stand that if someone is opposed to do call, we have a lot of people who we mucking up the Patients’ Bill of something and they do not really want say, I am a Republican but I need to Rights when we know where we stand to oppose it, they will throw up some- have help with my HMO problem. and we know we can pass that and send thing else. It is kind of like juggling So I think it is an issue that cuts it to the President to sign? Why would balls. If I throw the red one over here, across party lines. It is important. The

VerDate 27-JAN-2000 03:12 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.142 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H143 polls have shown that, not only Repub- the blood tests cited in the study could Madam Speaker, that is simply un- licans and Democrats, but Independ- provide a vital diagnostic tool. We fair. When a couple says, ‘‘I do,’’ they ents. And that is why we had the vote hope this will quickly lead to improved are not agreeing to higher taxes. When and will continue this effort. medical treatments for many who are a couple gets married, they receive a Mr. PALLONE. Mr. Speaker, I appre- suffering. number of nice presents, China, silver- ciate the comments of the gentleman. Many who have heard about this ware, linens, appliances. But guess If I could just add one thing before issue are anxious to understand the what they get from the IRS? A bill for we conclude, one of the things that I ramifications, especially those vet- an average of $1,400 in taxes. found in the 2 months that we had the erans and their families whose lives Last year, 28 million Americans were recess and we were back in our dis- sadly have been directly affected. subjected to this unfair, higher tax. tricts and I had a lot of forums on We certainly acknowledge the need For most families $1,400 means a down health care on seniors or just in gen- for further research. However, that payment on a house or a car, tuition eral with my constituents in the var- should not preclude a vigorous exam- for in-state college, several months’ ious towns that I represent, we are liv- ination of the immediate benefits this worth of quality child care, or a home ing in very good economic times and study may provide doctors treating computer to help their children with the economy is good and generally those who suffer from Gulf War ill- their schoolwork. most people are doing fairly well, but nesses. Madam speaker, it makes common there is a tremendous frustration that The House-passed version of the Fis- sense to end the unfair marriage tax the Government does not work. And it cal Year 2000 Defense Appropriations penalty. That is why the House of Rep- is I think, for whatever reason, Con- Bill included report language instruct- resentatives is making marriage tax gress seems to be the main focus of ing the Department of Defense to de- reform our first order of business this that, the notion that somehow all we velop and/or validate the assay to test year. do down here is talk and we never get for the presence of squalene antibodies. Tomorrow the Committee on Ways anything done. This action was taken in response to and Means, a committee on which I The reason I was so frustrated today DOD unwillingness to cooperate with serve, will consider a bill to provide when I heard some of the arguments the March 1999 General Accounting Of- married couples with relief from the from the Republican side is because I fice recommendation. It reflected my marriage tax penalty. This bill in- know that this issue, the Patients’ Bill firm belief that the integrity of the creases the standard deduction for of Rights issue, the HMO reform issue, assay was the first step in finding an- married couples to twice that of sin- swers. is something that we can get done. Be- gles, beginning next year. It also pro- Now that this study has been peer-re- cause the public wants it done. And we vides up to $1,400 in relief to couples viewed and published, we need to take who itemize their taxes. had Republicans join us on this Pa- the next step and build on established I am pleased that the gentleman tients’ Bill of Rights, and I know that science. An internal review by the from Illinois (Mr. HASTERT) and the the President will sign it. So I do not same individuals within DOD who were gentleman from Texas (Mr. ARCHER), want this to be another issue that is unwilling to cooperate for months does chairman of the Committee on Ways important that falls by the wayside be- not constitute the kind of science that and Means, have made the commit- cause the Congress and the President those who sacrificed for this Nation de- ment to consider this important legis- could not get their act together. serve. Given the published article, it lation as one of the first orders of busi- If there is anything that we can pass seems prudent to use the assay if it ness this year. this year, this is the issue. And I think could help sick Gulf War veterans. At Madam Speaker, we have an oppor- we just have an obligation to our con- this critical juncture, my colleagues tunity this year to do the right thing stituents to show that, on something and myself fervently hope that Sec- for middle-class families. We can give so important as this, that we can actu- retary Cohen agrees. ally accomplish something and not just We must stay the course and find the them more control over their own sit here and argue back and forth. answers that will bring effective med- hard-earned money. We have a chance Obviously, we need to argue, other- ical treatments for those who suffer to help working women and lower-in- wise my colleague and I would not be from Gulf War illnesses. Let me assure come couples with children who are un- up here. But we also need to pass some- my colleagues, Mr. Speaker, I intend to fairly affected by the marriage tax pen- thing. And that is what we are all do so. alty. We have an opportunity to allow about. f common sense to prevail and to provide Mr. GREEN of Texas. Mr. Speaker, in relief from the marriage tax penalty. closing, I would like to say, sure, I MARRIAGE TAX PENALTY I would also like to take this mo- would like to talk about access, pre- The SPEAKER pro tempore. Under ment to thank the gentleman from Illi- scription medication for seniors, med- the Speaker’s announced policy of Jan- nois (Mr. WELLER) for his leadership on ical mistakes. Let us take it one step uary 6, 1999, the gentleman from Cali- ending the marriage tax penalty. He at a time. fornia (Mr. HERGER) is recognized for 60 has truly been dedicated to correcting f minutes as the designee of the major- this tax policy and to easing the tax ity leader. burden for married couples. ANTIBODIES TO SQUALENE IN Mr. HERGER. Madam Speaker, our Madam Speaker, a few details on GULF WAR SYNDROME tax system is unfair, for many reasons. what the marriage tax penalty would The SPEAKER pro tempore. Under a It punishes those who invest, those who do. Our bill provides $182.3 billion in previous order of the House, the gen- succeed in business, even those who tax relief over 10 years for more than 50 tleman from Washington (Mr. die. But one tax provision which seems million Americans. METCALF) is recognized for 5 minutes. particularly unfair is the marriage tax President Clinton, who vetoed the Mr. METCALF. Madam Speaker, penalty. This tax penalty occurs when marriage penalty last year, recently joined by several colleagues, today I a married couple pays more in taxes by proposed a smaller marriage penalty wrote Secretary of Defense William filing jointly than they would if each proposal that provides only $45 billion Cohen asking for an objective analysis spouse could file as a single person. in relief over 10 years. Our plan, the of the ‘‘Antibodies to Squalene in Gulf For example, an individual earning Republican plan, provides working cou- War Syndrome,’’ an article that has $25,500 would be taxed at 15 percent, ples with four times more marriage just been published in the February while a married couple with incomes of penalty tax relief than the President 2000 issue of Experimental and Molec- $25,000 each has a portion of their in- has proposed. But I do want to thank ular Pathology. come taxed at 28 percent. the President for recognizing this as a This peer-reviewed article found In addition, while two single tax- problem and becoming involved in this anti-squalene antibodies in a very high payers receive a standard deduction of very important issue. percentage of sick Gulf War-era vet- $6,950 apiece, for a total of $13,900, a Our current Tax Code punishes work- erans. As a bio-marker for the disease married couple only receives a stand- ing couples by pushing them into high- process involved in Gulf War illnesses, ard deduction of $12,500. er tax brackets. The marriage penalty

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.144 pfrm02 PsN: H01PT1 H144 CONGRESSIONAL RECORD — HOUSE February 1, 2000 taxes the income of the second wage And I just wanted to commend the tisan bill, as you said, should pass, how earner, usually his wife, at a much gentleman from California, because much savings this would be per mar- higher rate than if she were taxed only many times people in my district tell ried couple approximately? as an individual. me that they just cannot quite under- Mr. HERGER. The average penalty Twenty-five million families pay an stand how we in Congress can forgive a for these 25 million couples is $1,400. So average of $1,400 marriage penalty ac- $5 billion debt to Third World coun- we are talking in the vicinity of $1,400 cording to the Congressional Budget tries, how we can spend $10 billion in that these working families, married Office. The number of dual earner cou- Bosnia, $12 billion, $14 billion in Yugo- couples, would be able to keep of their ples has risen sharply since 1970 and is slavia, yet we cannot find the money to own money, that other people, if they continuing to rise. By acting now, we give tax relief to married people. were working independently and were will keep even more working couples I was just so pleased to see the gen- not married, a man and a woman who from being punished in the future. tleman from California come down were not previously married, would not Marriage penalty relief is middle here and talk about this issue. And I be paying that would be paying the class tax relief. Middle-income families wanted to join him for a few minutes. very moment that they get married an are hit the hardest by this penalty. Mr. HERGER. I thank my good average of $1,400 a year. Most married penalties occur when the friend, the gentleman from North Caro- Mr. JONES of North Carolina. I just higher earning spouses makes between lina (Mr. JONES). And, again, we are wanted to come down on the floor and $20,000 and $75,000. talking about allowing married couples thank the gentleman from California By allowing working couples to keep to keep more of their own money. and my colleagues. I see the gentleman more of their own money each year, Many times some in Congress, some from South Dakota (Mr. THUNE) is here our plan, the Republicans’, are helping in government tend to think that these and the gentleman from Arizona (Mr. American families make their dreams tax dollars belong to government, they HAYWORTH) will be here in just a mo- come true. They can use the money to belong to Washington; not true. ment. I just wanted to let the gen- buy a family computer, make needed Madam Speaker, these dollars belong tleman know that I will do everything improvements in their home, or put to- to the people who earn them. And they I can as one Member of Congress to ward their children’s education. want their dollars to be spent very help see that this legislation passes, Again, our marriage penalty relief wisely, but also they want priorities because it has been needed for a long bill that we are introducing tomorrow, set. time. February 2, is $182 billion in tax relief And certainly, as the gentleman has We need to reward men and women over 10 years. It doubles the standard pointed out, what the government that marry and live by the sanctity of deduction by the year 2001. It starts ex- should not be doing is actually penal- our Lord. I just commend the gen- panding 15 percent income brackets in izing people for being married, penal- tleman from California and everybody the year 2003. It provides up to $1,400 in izing them for having families. That is else. I look forward to helping. tax relief per couple. not what our country is about. Mr. HERGER. I thank my dear col- And I appreciate very much the sup- league, the gentleman from North b 1745 port of the gentleman from North Carolina (Mr. JONES), very much for It would help families who itemize Carolina, his long time support in help- joining us this evening. deductions, homeowners and non- ing to correct this inequity in our Tax Madam Speaker, I yield to the gen- itemizers alike. It would help up to 28 Code. tleman from South Dakota, my good million American couples. Mr. JONES of North Carolina. Will friend, (Mr. THUNE). Madam Speaker, tonight we have laid the gentleman yield for just one mo- Mr. THUNE. Madam Speaker, I out the reasons why the marriage tax ment? thank the gentleman from California penalty must be reformed. This tax un- Mr. HERGER. Yes, I yield to the gen- for yielding and also our mutual friend fairly penalizes married couples, par- tleman from North Carolina. and colleague, the gentleman from ticularly those with low to average in- Mr. JONES of North Carolina. Is it North Carolina (Mr. JONES) and appre- comes. Providing marriage tax relief true that 25 million married couples in ciate the gentleman from California could result in up to $1,400 in savings this country would be helped if we drawing attention to this issue. for families currently affected by this should pass this bill, if the President fi- This is a huge issue for the American tax. I say this is something we need to nally signed it into law? Is that about people, and one which just is so fun- do. right? damentally unfair. I cannot imagine Last year, Congress passed marriage Mr. HERGER. That is correct. Twen- how we ever got in our Tax Code to the penalty relief. Regrettably, the Presi- ty-five million married couples, that is point where we penalize people for dent chose to veto this relief bill. This 50 million people, plus their families, being married, and the efforts that the year we are giving the President an- their children would be assisted, if the gentleman has made to draw attention other opportunity. It is encouraging President works with us. And, again, to this, to highlight this issue and the that he does have his own plan avail- he has some legislation of his own, it legislation that is underway to correct able. And I am encouraged that this only gives one quarter as much relief it is long overdue. year we will be successful in passing as our legislation that we will be intro- Frankly, this is something that I needed marriage penalty relief. ducing and be hearing in the Com- think hits right at the heart of middle Madam Speaker, I yield to my good mittee on Ways and Means tomorrow. income America. In fact, there was a friend, the gentleman from North Caro- But it is encouraging that at least he situation, I had a gentleman come into lina (Mr. JONES). is becoming involved. And I would hope my office a couple of weeks ago in Mr. JONES of North Carolina. that all of our listeners in America Sioux Falls, South Dakota and share Madam Speaker, I thank the gen- would contact the President and urge with me his personal situation. He is a tleman from California for yielding. him to support our legislation, our Re- young guy, married, has two children, I happened to be in my office watch- publican bill, which is really bipar- 31⁄2 and 16 months, and their marriage ing the gentleman from California (Mr. tisan, that goes four times further to penalty, he went through the computa- HERGER) on the floor talking about this correcting this very serious inequity. tion, did his calculation this year of marriage tax, and I wanted to come Mr. JONES of North Carolina. If I what his taxes were going to be, be- down to help the gentleman from Cali- can ask the gentleman just one more cause it is getting to be tax season. fornia out. As the gentleman is telling question, because I may have missed For the benefit and privilege of being the people in Congress that we need to this. Again, I was trying to watch the married, it is going to cost him an ad- do something, instead of just talking gentleman in the office, and I can see ditional $1,953 this year. This is a about trying to help those people that some of our colleagues have joined us, young gentleman who is trying to have bonded based on the Bible and and they want to take part in this ef- make ends meet. He and his wife are their belief that the Lord meant for us fort. both working, raising two children; and to marry, man and woman, that they Would the gentleman tell me again because of the marriage penalty in the should not be penalized. how much of a savings, if our bipar- tax code as it exists today, he is going

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.146 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H145 to be assessed an additional $1,953. I tleman from California has put into they would be totally outraged. But, of think that is outrageous. We need to this. course, we do not get to compare pay correct this for people like him and Mr. HERGER. I thank my good stubs and tax forms with each other. others and his family, those families, friend, the gentleman from South Da- But the numbers are pretty signifi- middle-income Americans who are ad- kota (Mr. THUNE), for his comments on cant, anywhere from $1,200, I heard as versely impacted, because they got this very important issue. high as $1,900 per couple, in additional married. Mr. Speaker, I yield to the gentleman taxes just because you are married. We all know it costs a lot to be mar- from Pennsylvania. That makes no public policy sense. It ried in the first place. Certainly we do Mr. PETERSON of Pennsylvanbia It certainly is not an incentive to support not have to have the Internal Revenue is a pleasure to join the gentleman holy matrimony and marriage, but it Service and the tax code that we have from California this evening to talk certainly sends the wrong message I in this country add to that cost and about something that is kind of incred- think to young people in this country. that burden by penalizing people in ad- ible when we really stop and think I get a little tired of those who always ditional income tax for choosing to get about it. The old wise philosophers al- talk about every tax cut is for the rich. married. I think what we ought to do ways say, if you want less of some- We all know that the rich do not pay in this country, frankly, is encourage thing, tax it. Well, we have taxed mar- nearly as many taxes, because there marriage. We want to do that in every riage, holy union between man and are lots of ways they can avoid paying way that we can. wife; and we have taxed it hard. Unfor- taxes. One is to invest their money in The legislation that you are dis- tunately in America we have less of it. municipal bonds and things that are cussing here this evening will do that. It seems pretty incredible when a coun- not taxable, and we do not tax those It will provide relief for 28 million try like the USA has a tax policy that because we want people to have incen- American couples in a substantial way. would suggest to young people who are tives to invest in governmental organi- Think of what one can do with $1,400 in struggling economically that it would zations’ financial needs. average tax relief. Three months of be a great cost saving to live together b 1800 child care, a semester of community without getting married, rather than college, 4 months of car payments, to marry. But the people who really pay and school clothes for the kids, a family va- I think it is pretty basically funda- pay and pay are the working middle cation, home computer to help your mental that we ought to have a tax class. Representative Herger’s proposal kids’ education, several months of code that does not discourage people will really get at helping those who are health insurance premiums, a down from living in marriage, which is what the middle-class wage earners of this payment on a home, a contribution to really this country was all about. It is country, who struggle to pay the gro- an IRA or retirement savings. The interesting when the President stood cery bill, who struggle to pay their marriage penalty means real money for here just a few nights ago. He sort of heating bill, who struggle to pay the real people in this country. supported it a little bit. He has opposed insurance bill, who struggle to set a Again, I come back to the basic it, but I think he is beginning to little bit of money aside for the college premise in all this. Not only is it out- maybe, what they say, feel the heat, education for their children because rageous for the additional burden fi- because 80 percent of Americans sup- the system does not give them free nancially that it imposes on married port doing away with the marriage tax grants. Because they are middle-class couples, but it is fundamentally and on penalty. wage earners, they do not get the a basic level unfair to tax people in The President did not really come grants to send their children to college this country for being married. I hope clean; he did not really support it free. They have to save. that we can get this passed through the wholeheartedly, but he at least sup- So life sometimes gets a little mea- Congress, on the President’s desk; and ported the concept. Now, from my ger in the middle class, when you stop I hope that the President will have a memory, he is willing to support this and think about having to provide the change of heart about this. He has pro- for the poorest of Americans, and I sup- education for your youth. You do not posed something which is very small by port that. And he is probably saying he get any handouts or any help. You pay comparison, which does not get at the does not want to support it for the for it all yourself. So those are the peo- real heart of this issue. richest of Americans. But the proposal ple that are also paying this marriage I think he needs to go with us all the that the President is talking about penalty. way on this, get rid of this thing, make would not support it for middle Amer- I believe the President will sign a it effective in the year 2001, get rid of ica. We really need to look at Amer- good bill. I do not think he will be clap- this onerous provision in the tax code ica’s tax code. It is the middle Ameri- ping his hands. I do not think he and and bring some much-needed relief to cans who really pay the taxes. Most AL GORE believe in this, but I think he American people, particularly those poor people in this country pay little knows that 80 percent of the American married couples who are working hard or no federal or State income tax be- public do; and I am pleased that we to make ends meet, to raise their chil- cause they are indexed out of it. But it have for the first time the marriage dren, to live their lives and to provide is the middle Americans who do not penalty where the American public can a little bit for their retirement secu- earn a lot of money, who do not have a just hear that simple discussion. rity. lot of resources, who do not have a lot It is simple, not very complex. For Again, I commend the gentleman for of wealth but who are raising families, the first time they can hear the simple raising the issue to be here on the floor raising children, maintaining a home, discussion here in Congress about the this evening discussing it, and hope- preparing for their college costs for unfairness of the marriage penalty and fully we will be able in a meaningful their children. The people who make how we want to eliminate it, not just a way to address the marriage penalty in this country strong, the heart and soul little bit of it, but eliminate it, so that this Congress and soon. It is long over- of America, middle America, are the whether you are two individuals living due. This ought to be the last tax year ones that would be left out of the together or whether you are two indi- where the American people have to President’s marriage penalty tax help. viduals married, you will pay the same deal with this onerous provision in the He says it is just for the rich, but tax rate. That is only fair, and that is tax code. I would say on behalf of the that is not really true. I do not know what America is about, fairness. people that I represent in the State of what he qualifies as rich. But the So I congratulate my friend from South Dakota, most of whom are mid- President’s plan would not really truly California for his long-time leadership dle income, most of whom believe very solve the marriage penalty for most on this issue. It is so basically simple, profoundly in the concept of marriage working Americans. I believe that if so basically fair, that finally I believe and are very committed to their fami- the American public really understood we can make it happen. lies, that this is just exactly the kind how much extra they were paying over I am an optimist. There are those of thing that the United States Con- being married and maybe their neigh- that think the President will not want gress ought to be working on. I appre- bors who do not marry and live to- to cooperate; but, you know, he has a ciate the hard work that the gen- gether, how much less they are paying, pragmatic side that I admire. When

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.149 pfrm02 PsN: H01PT1 H146 CONGRESSIONAL RECORD — HOUSE February 1, 2000 Congress wins a public discussion, on mittee action on H.R. 6, the Marriage after the Ways and Means Committee welfare it took him two or three times. Tax Elimination Act legislation, which acts tomorrow, to vote on our efforts They had to pass it, and I was not here will wipe out the marriage tax penalty, to eliminate the marriage tax penalty then, two or three times before he felt providing marriage tax relief for 28 a week from Thursday, on February the heat from the public, because the million married working couples. 10th. That is good news. I really want public wanted welfare reform. Let me introduce a couple that time to salute Speaker HASTERT and the I think if we make the case real well, and time again I have referred to in House Republican leadership for mak- as the general public learns about this this debate over the need to wipe out ing elimination of the marriage tax issue in detail and how much they are the marriage tax penalty, and that is penalty first out of the box in our ef- paying more, I think the general pub- Michelle and Shad Hallihan. They are forts to bring fairness to the Tax Code. lic, whether they are Republican, two public school teachers from Joliet, I am proud of that. whether they are Democrat, whether Illinois. They suffer about $1,000 in I again want to thank the gentleman they are independent, no matter what marriage tax penalty. Of course, that is from California for his leadership in or- party they are from, they will be for a little bit less than the average mar- ganizing today’s discussion. the marriage penalty being done away riage tax penalty. Mr. HERGER. I thank the gentleman with, because it is just not right. But Shad and Michelle just recently from Illinois (Mr. WELLER) for leading Mr. HERGER. I want to thank my had a baby. Michelle Hallihan said, a similar evening last night on this friend from Pennsylvania (Mr. PETER- ‘‘Tell your colleagues in the Congress very important issue. But I believe it SON) for his comments. To think in this what that marriage tax penalty means really shows just how important it is, country, when we are taxed on vir- to us.’’ She said, ‘‘They should know how important it is to the leadership of tually everything we do, to think that that that $1,000 would buy 3,000 diapers this Congress, certainly to us as Re- somehow the Government somehow has for our baby.’’ publicans, that we do the right thing as actually taxed this an average of $1,400 The marriage tax penalty, whether it far as families are concerned; and cer- just to be married, is wrong; and we is $1,000 for the Hallihans or $1,400 more tainly this is where we, I believe, need to do the right thing. We need to for the average married couple, it is should be beginning and where we are correct that. real money for real people. In fact, beginning in this legislative year. I would like to now recognize an indi- $1,400, the average marriage tax pen- I would like to yield again to my vidual who has been very active on this alty in Joliet, Illinois, the home of friend from South Dakota (Mr. THUNE). issue, the gentleman from Illinois (Mr. Michelle and Shad Hallihan, is one Mr. THUNE. I thank the gentleman WELLER), who was very active the last year’s tuition at Joliet Junior College, from California for yielding. couple of years and this year in leading our local community college; it is 3 I would again also say to the gen- the fight on correcting this. I yield to months of daycare at a local daycare tleman from Illinois who just finished my good friend from Illinois. center; it is several months’ worth of speaking, that he has been a leader in Mr. WELLER. I want to thank my car payments; it is the majority of an this effort for some time and has intro- friend, the gentleman from California IRA contribution for their annual re- duced legislation which I have cospon- (Mr. HERGER), for the opportunity to tirement account. It is really money sored in previous Congresses, as was say a few words on this important dis- for real people. cussion tonight. I also want to com- The legislation that, of course, we noted earlier; and I think this is sig- mend the gentleman for his leadership are going to be acting on in committee nificant earlier this year; but last year, in our efforts to eliminate the mar- tomorrow, will wipe out the marriage I should say in 1999, we passed tax re- riage tax penalty. Thanks to your ef- tax penalty for a majority of those who lief legislation that would partially re- fort, as well as the gentlemen from suffer it by doubling the standard de- duce the marriage penalty. South Dakota and Pennsylvania, we duction for those who do not itemize Unfortunately, again, the President now have 231 Members of the House of for joint filers to twice that of singles. vetoed that legislation, and, as the Representatives now joined as cospon- One of the benefits of that, not only gentleman from Pennsylvania pointed sors of the Marriage Tax Elimination will it provide marriage tax relief for out, I think sometimes it takes awhile Act. many low and moderate income fami- for the President to recognize a good We have often asked in the well of lies who do not itemize their taxes, but idea. But when he does discover that this House, is it right or fair that under 3 million married working couples will there is an idea that resonates with the our Tax Code 28 million married work- no longer need to itemize, simplifying American people, he soon is pretty ing couples pay an average of $1,400 their tax form. quick to try to co-opt it. more in higher taxes just because they For those who do itemize their taxes, I noted the other night in his State are married? Is that right? Certainly like a homeowner, when you own a of the Union speech he addressed in the folks back home in the south side home, in many cases you itemize, or if some fashion this whole issue of the of Chicago and the south suburbs that you give to charity or have other de- marriage penalty. Unfortunately, his I represent say it is not. Whether you ductible contributions, you itemize effort is not bold enough, not by the are in the union halls, or the VFW, or your taxes. Under this proposal, not least. the Legion posts or the local coffee only do we double the standard deduc- If you look at the relief that the shop, the local grain elevator, people tion, but we widen the 15 percent tax President’s proposal provides, it aver- keep asking me, when are the folks in bracket. Every working American is in ages about $210 in tax relief to married Washington going to eliminate the the 15 percent tax bracket, and under couples, providing relief again from the marriage tax penalty? our legislation, by widening the tax marriage penalty, and does not address Of course, it broke my heart last bracket so that joint filers can earn in a very fundamental way the serious year when President Clinton vetoed twice what single filers can earn and be issues at stake here. our efforts to eliminate the marriage in the 15 percent tax bracket, we pro- In fact, the President’s proposal on tax penalty. It was part of a bigger vide tax relief for those who itemize the marriage penalty helps about 9 mil- package of tax relief. Fortunately, this their taxes as well. lion American couples. The legislation year the Speaker of the House, DENNIS The third component is an important that will be acted on tomorrow in the HASTERT, has made I think a very im- one as well. The earned income credit, House Committee on Ways and Means portant strategic decision. The Speak- which helps working poor families will in fact help about 28 million Amer- er says no more excuses. We are going make their ends meet, there is a mar- ican couples, and to the tune of about to send a stand-alone piece of legisla- riage penalty there as well. We adjust $1,400 on average per working couple in tion which wipes out the marriage tax the income threshold so that joint fil- this country. So to suggest for a penalty for the vast majority of those ers, married couples, qualify equally minute here that we have total agree- who suffer it by itself. It is the only with single people for the earned in- ment on this I think would be a mis- thing the proposal is going to do. come credit. take, because I do not believe we yet Tomorrow the Committee on Ways So it is an issue of fairness, and I am have the President to a position where and Means has scheduled to have com- proud that this House is now scheduled he is ready to sign off on this.

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.151 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H147 But I agree again with what the gen- law, he needs to bring relief to married I wanted to come down and visit tleman from California suggested ear- couples across this country, families briefly today on this particular sub- lier, and that is the President will do like the one I mentioned in South Da- ject, that being the marriage tax pen- the right thing, because it is the right kota, like so many others across this alty. As has been recited very elo- thing. It is a basic matter of fairness. county, who day in and day out are quently, the numbers and the facts and It is a matter of principle, and that is rolling up their sleeves and going to the figures of what this existing tax exactly the kind of thing that we want work and hoping that there is going to law provision causes, I want to talk to be, at least I want to be associated be enough at the end of the month to about what the consequences of this with around here, and that is doing the pay the bills; and yet every year the $1,400 per year in added costs is to mar- right thing for people in this country, Federal Government is taking $1,400 on ried couples. I happen to think that who work hard and pay their bills, who average out of their pocket, $1,400 that most young people, whether they be try to make a living, who are trying to could be used for many other things, planning to get married or having been raise their kids, who are trying to put important things, like putting aside for married planning for their family or aside for college education, trying to college for their children, for retire- their future, typically confront a put a little bit aside for retirement. ment for themselves, car payments, month-to-month or week-to-week situ- And this effort is critical in that re- school clothes, family vacation, so ation where their resources are con- gard, because it does get at the heart many other things, health insurance. strained. and the core of what is a fundamen- Those types of things are ways in They struggle in many cases to make tally unfair provision in the Tax Code which these dollars could be put to their ends meet, and to have the oppor- and one which is desperately long over- work by the American people. tunity to send to the Federal Govern- due for elimination. That is why it is so important that ment an extra $1,400 a year by virtue of As I mentioned earlier this evening we get the surplus dollars out of Wash- having become married certainly is a in my remarks, this is a real issue. ington and we do it in a way consistent privilege that they probably regret This is a human issue. This is a per- with our values and principles, and having. So I would like to come down sonal issue for people. The young cou- that is to take this burden off of mar- and add my voice to those that argue ple that I alluded to in my State of ried couples in this country, to encour- for changing that particular provision South Dakota that came into my office age and promote marriage and staying of law. and gave me their situation, who in together; and, as I said earlier this Now, the President has come forward this next year are going to be punished evening, we all know that marriage can very eloquently this past week sug- to the tune of $1,953 because they chose be sort of an expensive proposition gesting at long last $45 billion worth to get married, and they are both from the get-go. We certainly do not over the next 10 years of tax relief for working, they are raising two children, need to add to the cost of that in the married couples, but I want to be clear and they file jointly. If they filed sepa- Tax Code. We can bring some much in my comments that that really is a rately, were not married, they would needed relief on an annual basis, every drop in the bucket. The President’s save about $1,900. That is just flat year when people fill out their tax re- proposals generally boil down to a dou- wrong, and it is something that we turns, by getting rid of this marriage bling of the standard deduction and an need to change. It is long overdue. It is penalty. across-the-board application of that, something we have been leading the So, again, I credit the gentleman but he does not delve into the subject charge on for some time, and, as I indi- from California. The gentleman from of the deductions that are available for cated earlier, we have run into road- Pennsylvania is here this evening to married persons when their aggregate blocks at various places in the process. discuss this. Another colleague from income exceeds a certain threshold. Last summer it was the presidential California is on the floor and I am sure It is there we differ with the Presi- veto. would like to comment on this as well. dent in large measure because we, in I hope that this legislation, as we So I will yield back to the gentleman fact, on this side of the aisle are at- move it through the House, hopefully from California, and appreciate the op- tempting to bring equity across the as well through the Senate, by that portunity to share in this discussion board to married persons, regardless of time the President will have come and to hopefully draw additional atten- their situation. around and been persuaded that this is tion and to highlight what I think is an Let me just highlight a few instances the right thing to do, it is the right egregious example of an overreach by where that $1,400 comes into play, that thing to do for the country. the Federal Government to tax people annual $1,400 difference. That is a little I know there is a general resistance for the benefit and privilege of being bit over $110 a month. That is a night and reluctance to do anything that married in this country. out for mom or for dad or for the two of them, after a long week of taking would reduce taxes, you know, at the b other end of Pennsylvania Avenue. The 1815 care of the kids. That is a new car, the White House is generally, as the Presi- Mr. HERGER. I thank the gentleman difference between being able to make dent laid out the other night, $343 bil- from South Dakota (Mr. THUNE). As the payment or not make the payment. lion of new spending, or about $3.8 bil- the gentleman mentioned part way Perhaps that is the cost to add a room lion for every minute of his 89 minute through his talk was that the marriage to their house if they have a new child. address, that is where he would like to penalty is flat wrong. I think that real- That is $1,400 a year into their retire- see the surplus dollars go. ly says it. It is wrong. It is something ment program that they otherwise We believe, again, in a fundamental that should have been corrected long might not have to make. $1,400 over a way, that after we set aside money to ago. lifetime’s career is a huge amount of protect Social Security and Medicare We are encouraging the President money for retirement security. These and put in place a systematic program and our colleagues on the other side of are just a couple of the different con- for paying down the federal debt, that the aisle to work with us, it will be be- sequences of providing this tax relief to the dollars left over ought to go back fore the Committee on Ways and Means married persons, and it comes at no to the American people and not be tomorrow, and to pass and to correct cost to unmarried persons. It, in fact, spent here in Washington. That is a this. is the same benefit unmarried persons fundamental difference we have; and, At this time I would like to intro- enjoy today. frankly, that is a debate we are going duce a good friend of mine, my neigh- So what I want to do, what I came to have. bor from northern California, an ad- down to do, was to back up the argu- But I hope just on the issue of fair- joining congressional district, the gen- ments that my good friend from north- ness, fundamental fairness, that the tleman from California (Mr. OSE). ern California makes, and my good President will be persuaded as he looks Mr. OSE. Mr. Speaker, I thank the friend from Pennsylvania and so many at this and as we get this legislation gentleman from California (Mr. of us make on a day-to-day basis; the moved through the Congress and to the HERGER) for yielding me this time. The arguments that I made when I cam- President’s desk, that this is the right gentleman from California (Mr. paigned for this office, that we ought thing to do, he needs to sign it into HERGER) has been a leader in this. to have a tax code that treats person

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.153 pfrm02 PsN: H01PT1 H148 CONGRESSIONAL RECORD — HOUSE February 1, 2000 number one the same as person number President has agreed to double the they would still have the money to two, regardless of marital position. It standard deduction, but he is not going spend, because that is how they hope to should not make any difference. Those to double it for 10 years. It is going to get elected in November by offering the who are married should not be pun- take 10 years so one is going to get a American public some more goodies. ished for being married. Those who little bit more next year and a little What people need to learn is that have the privilege of being married bit more the next year. Even though when they send money to Washington should be treated equitably, without that is only one piece of the overall fix they do not get it all back. Recently in discrimination, and yet embedded in to this, he is going to string it out for education, I have noticed that from my our Tax Code is this discrimination to 10 years. State less than half of the education the tune of potentially $1,400 per year Why would he do that? Because it is dollars ever get back into the class- that adversely impacts their finances. going to have very little impact in this rooms at our schools. So is it wise to I for one strongly urge the President year’s budget, and this is the last budg- send money to Washington and get 40 and this Congress to change the Tax et he is concerned about. He wants to some cents on the dollar back at our Code to allow for an across-the-board spend that money. He does not want to school districts? equitable treatment of people, regard- give it back to the married couples of We fund this huge bureaucracy over less of whether they are married or America. at the Education Department. The not. That is what the American theme If one listened to the President the State bureaucracies are basically fund- has always been, and I encourage this other night, it was issue after issue ed with Federal dollars, and we fund re- body to take it up as soon as we can. that he spent $20 billion, $30 billion, $10 gional bureaucracies in every region of I look forward to tomorrow’s com- billion. If I had had an adding machine, the State called intermediate units. In mittee hearing; and, as always, it is a I am not so sure I would not have run different States they are called dif- pleasure to be here with my good friend out of paper because every time he ferent things. In some that is what from the north. switched gears it was another spending they are called. All by Federal dollars, Mr. HERGER. Well, I thank my good proposal and many people wondered but only less than half of the money friend from California (Mr. OSE) for his what the figure would really be. gets back. comments. Now, when he came to some issues, I This shell game has been going on in The gentleman from California was was pleased to hear him talk about de- Washington here for a long time, and I alluding to some of the comparisons of fense for the first time and defending do not think the President has learned the two bills of President Clinton’s and this country, making it safe, but he did that the American public basically do the House Republican bill, and I would not give any numbers. He just said we not want more government. They do just like to continue that, if I could, need to make this country safe and we not want to pay more taxes, and if we do not cut taxes they will be paying for a moment. The President’s mar- need to strengthen defense, but on more taxes because of the complexity riage penalty plan would give relief of many of his issues he gave large num- of our Tax Code. $45 billion over 10 years. Our legisla- bers of increases. I think a lot of that Let us just share what some people tion would give relief of $182 billion, is about election year politics, too. say about this. Marriage taxes can im- Why are people opposed to cutting about four times more, in tax relief pose a nearly 50 percent marginal tax taxes? They want to spend the money. over those same 10 years. The Presi- rate on second earners, most of whom It has been my view watching Congress dent’s plan doubles the standard deduc- are wives and mothers. This is a State- tion over 10 years. Our plan doubles the for many years that Congress was sponsored discrimination against standard deduction by next year, with- elected on what they were willing to women, the unintended consequence of in one year as opposed to 10. The Presi- give the American public, and the which is to discourage women from en- dent’s plan does not expand the 15 per- American public bought that because tering the labor force. If Congress is cent income bracket. The Republican they did not stop to think that every sincere in improving the lives of Amer- plan starts expanding 15 percent in- new benefit they received that they ican women and their families, it will come bracket in 2003. had to pay for it. eliminate the tax loopholes that choke The President’s plan provides up to So the Federal Tax Code, as complex their paychecks, Independent Women’s $210 in tax relief per couple per year. as it is, gives us annual tax increases Forum, Barbara Ledeen, Executive. Our plan provides up to not $210 but without legislative authority because From Center for Enterprise and Op- $1,400 in tax relief per couple. The as our incomes grow, as we sell and buy portunity, since women still make up President’s plan would help only non- and do business, we pay taxes. the preponderance of secondary earners itemizers. So those people who owned a So it was interesting for over a dec- in married households, these quirks home, who are itemizing, would not be ade of the eighties and into the nine- and kinks of the system hit working affected by the tax relief. Our plan ties, our government growth was three women hardest. They force married would help families who itemize deduc- times the rate of inflation. When we women into a competitive disadvan- tions, homeowners and nonitemizers. stop and think about that, that is three tage since their tax considerations nec- The President’s plan would help 9 times faster than the growth of our essarily affect their professional million American couples. The Repub- economy. choices. We welcome the marriage tax lican plan would help up to 28 million Now, if the Federal Government con- elimination introduced today by rep- American couples. tinued to grow at that rate it would resentatives so and so. This bill can be So, again, I think the comparison is soon consume everything, because we a first step in recognizing in law that there. I do want to commend the Presi- cannot have one part of our economy the family is the first church and the dent for at least becoming involved, for growing at three times the rate of in- first school, the first government, the recognizing that there is a problem. I flation without it just taking over. first hospital, the first economy, the just feel that the President’s plan does We have been able to slow that down, first and most vital mediating institu- not go nearly far enough. We need to and we have been able to stop deficit tion in our culture. In order to encour- erase this horrible tax on American spending now for 2 years. It is time age stable two-parent, marriage-bound couples, and we need to work to do it that we look for some fairnesses in the households we can no longer support a completely. Tax Code and this is one of the fairness Tax Code that penalizes them. That is At this time I would like to recognize issues, just being fair. the Catholic Alliance. again my friend, the gentleman from I am sure if we would put the $182 bil- Current law forces many married Pennsylvania (Mr. PETERSON). lion on the table over 10 years, or let us Americans to pay a higher tax bill than Mr. PETERSON of Pennsylvania. Mr. talk about a 1-year figure, $18.5 billion if they remained single and had the Speaker, I thank the gentleman from is what it will cost each and every year same combined income so what we California (Mr. HERGER) for yielding for the next 10 years, that figure, if we really do is tax the two incomes as if it me this time. were willing to replace that with an- was one, when it is really two Ameri- Mr. Speaker, just to follow up on other tax I am sure the President and cans earning an income. this, the one point I want to mention the Vice President would both be right Such a double standard is wholly at again and make specifically clear, the down here saying let us do it because odds with the American ideal that

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.155 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H149 taxes should not be a primary consider- have to send it back to the chip engi- of young people looking to get married, ation in any individual’s economic or neers, as they described the flaws. or those who already are. That is why social choices. That is from the Na- The substance of the conversation I support this so wholeheartedly. That tional Taxpayers Union. was that both of these young men are is why I encourage Members’ votes. Government, by taxing married cou- enjoying remarkable success in a com- That is why I applaud the President for ples at higher rates than singles, has petitive world environment. Both of coming at least as far as he has, and I far too long been a part of the problem. them at some point in the coming encourage him to come all the way. At a time when family break-ups, and years, being 20 and 25, will consider the The gentleman from California (Mr. think about this, are so common, in question of whether or not to enter HERGER) has done great work for bring- most family break-ups that I know into marriage. These are fellows that ing this to this point. I thank the gen- there are financial considerations. have taken the time to gain the skills tleman for the opportunity to come They are having difficulties meeting to give them the opportunity to com- down here and visit with him. their budget. Congress should pass leg- pete in the employee workplace and Mr. HERGER. Mr. Speaker, I thank islation to encourage marriage and enjoy the benefits therefrom. the gentleman from California (Mr. They are going to confront the ques- ease the burden of families trying to OSE) for his work on this, and I thank form and stay together. tion of whether to get married. They him for his articulate statements. I This legislation places government are smart, make no doubt about it. thank him very much for joining us. There is no doubt about it, these kids on the side of families, from the Chris- Mr. Speaker, this is really, I believe, are smart. They are going to run tian Coalition. what it is all about: Are we as Ameri- through the numbers, as they should in The list goes on of all the organiza- cans going to allow a tax that basically any analysis, and they are going to tions that support this. tells a young couple, a man and a ask, why is it, when I come home from woman who want to get married, that b 1830 a long day’s work, when I take my we are going to penalize them an aver- money on Saturday and Sunday and I Most of them are organizations that age of $1,400 for just getting married? go out and buy real estate or I buy are on the side of the taxpayer and on What are we telling them? Are we automobiles or I support the commu- the side of families. If we do not get really encouraging them, to say if they nities, the charities in the commu- back to supporting families in this are not married and they live together, country, this country’s future will be nities in which I live, why is it that if I get married to another engineer at they are not going to pay this? Is this bleak. the message we want to send them? It All of the problems that we deal Intel or a successful young woman in her own business, why is it when we ag- certainly is not. with, from Columbine on down, are the Mr. Speaker, tonight we have laid deterioration of the American family. gregate our income together, so that the total exceeds a certain threshold, out the reasons why the marriage tax We have overtaxed the American fam- penalty must be reformed. This tax un- ily and penalized the holy marriage, why is it that we suffer a discount to the deductions we would otherwise get fairly penalizes married couples, par- and that needs to stop in this country. ticularly those with low to average in- We need to support families. We need by virtue of our investments? Why is it that once we pass this comes. Providing marriage tax relief to support marriage. I know that if all threshold, that the money we pay for could result in up to $1,400 in savings Americans understood this issue, it property taxes no longer is worth dol- per family currently affected by this would not be 80 percent of them sup- lar for dollar on our income tax re- tax. porting, it would be 100 percent. turns? Why is it that the money we pay I say that this is something we need Mr. HERGER. I thank the gentleman for maintenance on real estate or in- to do. Last year Congress passed mar- from Pennsylvania. I think those are vestment advisory fees no longer is riage penalty relief. Regrettably, points that are very well taken. I worth dollar for dollar on our income President Clinton chose to veto our tax thank him for his participation and his tax returns what we paid for it? relief bill. help with this this evening on this very That is at the heart of the marriage Mr. Speaker, we are offering it again. important issue. tax penalty. That is, when two people We will be hearing it in committee, I again yield to my good friend, the get together in marriage and their in- marking it up, H.R. 6 tomorrow. We are gentleman from California (Mr. OSE). comes exceed a certain level, then the urging President Clinton to do the Mr. OSE. Mr. Speaker, I thank the expenses that they confront, whether it right thing. Just last week the Presi- gentleman from northern California for be for education or home ownership or dent indicated a willingness to work yielding to me. investment for their retirement secu- with Congress on the marriage tax pen- Mr. Speaker, this past Saturday I rity or what have you, charity, what alty issue. Mr. Speaker, we welcome had a great opportunity. I was in Sac- have you, those contributions, if you this commitment and look forward to ramento. I went to the Sacramento will, something that we support, edu- working with the President on this Hispanic Chamber of Commerce dinner. cation, investment, real estate owner- issue, one that should go beyond party I had what I consider to be the privi- ship, those contributions no longer politics. It is an issue of common sense lege to sit with two young men. One enjoy the same valuation as someone and fairness for American families, the was named Moses, one was named Nils. who is below that income level, that backbone of this great Nation. If we They worked at Intel. Moses is 20, Nils threshold. can change our Tax Code to make their is 25. As I sat with those young men, What we need to do is to bring equity lives better, then it is our obligation to both of them unmarried, we talked to that situation. That is what this is do so. about what do they do at Intel and how all about is giving not only those two Mr. Speaker, I want to thank all of is their compensation level, do they young men but every young man and my colleagues who joined me here to- participate in the retirement pro- woman in the country who is consid- night to express their commitment to grams, and what have you. ering their prospects for the future and passing the marriage penalty relief. I must say that we have some re- the reality that at some point or an- f markable young people working in this other they are going to meet Mr. Right HERITAGE AND HORIZONS, THE country. Let me just tell Members a or Ms. Right and they are going to get AFRICAN-AMERICAN LEGACY little bit about these two fellows. Both married, that is what this is all about AND THE CHALLENGES OF THE were enrolled in the retirement pro- is giving those young people the oppor- 21ST CENTURY, AN IMPORTANT gram. Nils stays in the house owned by tunity to get together and enjoy all Moses. Moses is 20 years old. He has those things that at least my wife and THEME FOR BLACK HISTORY worked at Intel for 3 years. I have enjoyed and hundreds of thou- MONTH They are both quality engineers. In sands of other couples have, too, and to The SPEAKER pro tempore (Mr. other words, what the chip makers have no financial disincentive for doing REYNOLDS). Under the Speaker’s an- produce comes to their shop, and then it. nounced policy of January 6, 1999, the they check it for quality control. Then, It is not the role of government to gentleman from Georgia (Mr. LEWIS) is as they both described, they tend to place financial disincentives in the way recognized for 60 minutes.

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.157 pfrm02 PsN: H01PT1 H150 CONGRESSIONAL RECORD — HOUSE February 1, 2000 Mr. LEWIS of Georgia. Mr. Speaker, I want to mention a couple of things asked why is there such a big dif- I yield to the gentleman from South before yielding the floor to my good ference in the sentences for the two? Carolina (Mr. CLYBURN). friend, the gentleman from Georgia All the studies have indicated that Mr. CLYBURN. Mr. Speaker, I want (Mr. LEWIS), that I would hope that we there is only one difference between to thank the gentleman so much for will begin to think about as we think these two drug offenses. One of them is yielding to me. about this legacy. that in the instance of crack cocaine, Mr. Speaker, today is February 1, the One of the challenges I think that we it is more often African-Americans, first day of Black History Month. We face this year as we lay the ground- and powder cocaine, more often white thought it will be a good time for us to work for this new millenium has to do Americans. open up some discussion of what we with the judiciary. We still have in our Here is the problem with that. If we consider to be a very, very important Nation a problem with fair and proper were to look at the penalties for 5 theme for this year’s celebration. The representation of African-Americans in grams of powder cocaine, one will get a theme for the year 2000 is heritage and the judicial arena. probationary sentence and be charged horizons, the African-American legacy For instance, South Carolina is lo- with a misdemeanor. But 5 grams of and the challenges of the 21st century. cated in the Fourth Circuit Court of crack cocaine is a 5-year mandatory Mr. Speaker, as I think about this Appeals. jail sentence and a felony. theme, I think about two quotations, Now, what has been the result of this b 1845 the first written by George Santayana, discrepancy? As I stand here tonight, who wrote that ‘‘Those who cannot re- It is one of five States, the other four in the States of Alabama and Florida member the past are condemned to re- being North Carolina, Virginia, West over 31 percent of African-American peat it.’’ I think all of us remember the Virginia, and Maryland. There are 14 or males have permanently lost the right past of this great Nation. It is a past 15 judges that sit on that court. And as to vote. Permanently, over 31 percent. that is very checkered. I speak, there are four vacancies on In five other States, that figure is over All of us are aware of the history of that court. One of those vacancies has 25 percent. And in six other States, 20 the African-American experience in been there since 1991, 9 years. And in percent. Some of the experts have pre- these United States, having arrived that 9-year period, we have had four dicted by the year 2010 at the rate we here as a people in 1619, at a time when nominations of African-Americans to are going, 40 percent of African-Amer- they were considered to be property that court. Four nominations, three ican men in this country will be perma- and brought against their will to serve different African-Americans. In all four nently without the right to vote. out an existence of 244 years in slavery. instances, those nominations have not We think that the time has come and That is ten generations. been considered by the other body. one of the challenges for us this year in In 1863, our Nation brought an end to Now, four vacancies, four nomina- this new century, this new millennium, that institution. So for the past 137 tions, no consideration. That might is for us to revisit this issue and re- years, African-Americans have lived an not be all that important but for one move this impediment to citizenship existence in our Nation as free people, thing. That is in the long history of because it is unfair and we ought to correct it forthwith. albeit at one point upon the institution this great Nation there has never been Mr. Speaker, let me give one other of freedom we were only counted as an African-American to sit on the Fourth Circuit Court of Appeals. There example about this, and then I will three-fifths of a person. yield the floor to the gentleman from When I think about that 137 years is something wrong with that picture. I Georgia (Mr. LEWIS). Let us take the since 1863, Mr. Speaker, I think about do not think one has to be a rocket sci- instance of a 16-year-old who makes another quotation that I want to use to entist to figure out what is wrong. the mistake and is arrested for posses- As I speak, there is a nomination lay the foundation for what I would sion of 5 grams of crack cocaine. Even pending in the other body. It has been like to say here this evening. It is a if that 16-year-old pleads guilty to there for more than a year, yet no con- quotation from Winston Churchill, who avoid, as happens so often, a jail sen- sideration being given to that nomina- says that, ‘‘If we open up a quarrel be- tence, he or she has just pled to a fel- tion. tween the past and the present, we ony and will have permanently lost the We think that this year will be a shall find that we have lost the fu- right to vote in at least 17 of our good time for us to break with that ture.’’ states. Which means that at 36, 20 past. This year would be a good time So we come tonight not to open up a years later, if this young man grows up for us to shut down the quarrel that quarrel between our past and our and for 20 years lives an impeccable present. Instead, we come to celebrate currently exists between our past and life, generally regrets the mistake, at- a very appropriate theme. We come to our present so that we will not run the tempts to raise a family and raise chil- understand and appreciate and embrace risk of losing our future. dren, at 36 in 17 of our states he or she our past. Just as importantly, we must Mr. Speaker, if we look beyond the will not be able to vote and would not acknowledge and celebrate the accom- symbolism of judicial appointments be able to be a full citizen ever again plishments of today, and address the and look at the meting out of justice, under our current laws. challenges which we face in this new we find other threats to the credibility We think there is something wrong century, in this new millennium. of our judicial system. One of them is with that. One of the challenges that As we prepare for African-American something we call mandatory mini- we must face up to this month, this history month celebrations, I would mums. year during African-American History hope that we will focus on critical Now, the problem I have with manda- Month, is to look at these kinds of dis- issues that cry out for solutions. I tory minimums, and the challenge that crepancies. would hope that all of us as Americans it offers for the future, is the fact that We have these kinds of discrepancies will look to the future with renewed many of the offenses that carry the in the health care field as well. We hope. most egregious mandatory sentences have them in housing and education, Mr. Speaker, I am proud to celebrate are offenses that have historically been employment and the census. And I call a portion of South Carolina in this au- looked upon as being those offenses upon all Americans, as we pause this gust body. South Carolina has en- that are more often the antisocial be- month to celebrate African-American graved on its great seal the Latin havior of African-American offenders. History Month, let us not use it for va- words ‘‘dum spero spiro.’’ Translated, Now, the problem with this, Mr. Speak- cations. Let us not use it to recite po- that means ‘‘As I breathe, I hope.’’ It is er, is that in an instance such as drug etry, though poetry is great. Let us not with that sort of hope that I come to- crimes, if we look at the drug of co- use it solely to celebrate the great her- night to call upon our citizens the Na- caine, we will find that crack cocaine itage, the great past that so many have tion over to think about the challenges carries a 100-to-1 disparity in sentences left to us. But let us use this month to that we face as a people, as a Nation, over powder cocaine. accept the challenges that are out as we celebrate this great history, this The scientists have told us that there there ahead of us. great legacy that African-Americans is no scientific difference between the Let us join hands, black and white, have in our Nation. two. So then the question must be young and old, rich and poor, of all

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.160 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H151 walks of life and let us celebrate Afri- Do not block entrance to stores outside not really knowing where it was going can-American History Month of the and aisles inside. to take us or what would happen as a year 2000 by accepting these challenges b 1900 result of the action, but simply an idea and doing what we can to get these that, as the gentleman indicated, four challenges that form so many impedi- It went on to say, ‘‘Do show yourself freshmen college students would sit ments to a full quality of life for so friendly and courteous at all times. Sit down, and because of the fact that they many of our citizens removed from our straight. Always face the counter. Re- sat down, America ended up standing national psyche. port all serious incidents to your lead- up. Mr. Speaker, with that I yield the er. Refer information seekers to your So I just want to commend the gen- floor now to the gentleman from Geor- leader in a polite manner. Do remem- tleman from Georgia (Mr. LEWIS) for gia (Mr. LEWIS), whose history we all ber the teachings of Jesus, Gandhi, and being a part of the leadership of that are proud to celebrate, but whose serv- Martin Luther King, Jr.: Love and non- movement, but then never stopping ice here in this body and whose future violence is the way.’’ and understanding that it was the I think is worth all of our participa- These were the do’s and don’ts of the movement that undergirded him and tion. sit-in movement that every student prepared him for the continuation of Mr. LEWIS of Georgia. Mr. Speaker, that got arrested in Nashville, Ten- the great work that he has done for the let me thank my friend, the gentleman nessee, on February 27, 1960, had a copy rest of his life. I am just pleased to be from South Carolina (Mr. CLYBURN), a of. The fact is that no matter how well associated with him, and with my wonderful human being, a great leader you had prepared, no matter how much other colleagues who kick off Black as head of the Congressional Black you planned what you would do and History Month, African American His- Caucus, for helping to organize this would not do, in the end you had to tory Month, in this manner. special order tonight. We thank the hand it over to what we called the spir- I also want to reinforce the com- gentleman for his very kind words, as it. You just had to let the spirit take ments that were made by the chairman well as the other participants. control. That is why the song came of the caucus, the gentleman from Mr. Speaker, I want to take a brief along during the height of the move- South Carolina (Mr. CLYBURN), whose moment as we celebrate and com- ment, the song we would sing over and leadership has been impeccable during memorate African-American History over again during this sit-in movement this past year. And as he begins this Month to pay tribute to a group of and later, ‘‘I am going to do what the year talking about the unfulfilled young people. Mr. Speaker, on this day spirit says do. If the spirit says sit in, dreams, the unmet needs, I was listen- 40 years ago, history was made. Feb- I am going to sit in. If the spirit says ing to his wise counsel as he suggested ruary 1, 1960, four young black men, Jo- march, I am going to march. If the to all of us throughout America that in seph McNeil, Ezell Blair, Franklin spirit says go to jail, I am going to jail. addition to looking at the past, in addi- McCain and David Richmond, all fresh- I am going to do what the spirit says tion to reflecting in the accomplish- men students at North Carolina A&T do.’’ ments that have been made, that in ad- College, took seats at an all-white During the sit-in movement in 1960, dition to just looking at the great lunch counter in a little 5 and 10 store in February, 40 years ago, so many academicians, athletes, entertainers, in downtown Greensboro, North Caro- young people, 16, 17 and 18 years old, builders and developers and other he- lina. They ignited what became known grew up. They grew up while sitting roes of African American life, those as the sit-in movement. They changed down on lunch counter stools by sit- who have contributed so richly and so our Nation forever. ting in, by sitting down, and by stand- greatly to this country, that in addi- The sit-ins spread across the south ing up for the very best in American tion to looking at that, in addition to like wildfire. In Nashville, Tennessee, tradition. looking at what Frederick Douglass we had been having what we called test As we celebrate African American taught us, that struggle, struggle, sit-ins for several months. We had been history month, we pay tribute to the strife and pain are the prerequisites of studying the philosophy and discipline hundreds and thousands of young peo- change, rather than just talking about of nonviolence. We would go into a ple that changed America forever. To- it, that we really need to use this store and ask to be served, and if and night, Mr. Speaker, we pay tribute to month to be engaged in it. when we were refused, we would leave. the young people, young students, We really need to be making sure We would not force the issue. We would black and white, who were born only that all people who are not registered not cause a confrontation. We would go with a dream, who had the raw courage to vote in African American life make to establish the fact that we would be to put their bodies on the line. We all absolutely certain that, in honor of denied service because of the color of salute them tonight for their work, for Black History Month, that in honor of our skin. their commitment and for their dedica- Martin Luther King and Medgar Evers, Every single day during the month of tion to bringing down those signs that that in honor of Jim Farmer, all of the February for many of us as young I saw when I was growing up in the others, that we make absolutely cer- black college students, we would sit in American South that said white men, tain that during the month of Feb- or sit down at lunch counters in an or- colored men; white women, colored ruary we make sure that we are reg- derly and peaceful fashion. Doing our women; white waiting, colored waiting. istered to vote and that all of those doing our homework. Not saying a We live in a different America, in a who will receive census forms, rather word. Someone would come up to us better America because these young than reciting the creation that James and put a lighted cigarette out in our people, these young children made his- Weldon Johnson wrote, or rather than hair or down our backs, pour hot water, tory. So tonight, Mr. Speaker, I would talking about the great portrait of hot coffee or hot chocolate on us. Beat like to take the time to yield time to Langston Hughes, or rather than just us and pull us off the lunch counter the gentleman from the great State of reminiscing about the tremendous stools. We did not strike back because Illinois, the city of Chicago (Mr. music of Duke Ellington, that in addi- we had accepted the philosophy and the DAVIS). tion to that, we make absolutely cer- discipline of nonviolence. Mr. DAVIS of Illinois. Mr. Speaker, I tain that everybody fills out their cen- The number of students who wanted thank the gentleman. I was just sus form and sends it in so that each to participate in the sit-in grew. Most thrilled to listen to him give that his- and every person in our community of them had not prepared as we had, so tory, that great and glorious history of will in fact be counted, so that nobody it was my duty and my responsibility which he was such an integral part and can be missed, so that we will never be as one of the students to draw up the provided so much of the leadership for. three-fifths of a person again. basic ‘‘do’s and don’ts’’ of the sit-in I could not help but smile, both in- So it is just a joy, it is a pleasure, movement that read like: Do not strike ternally and externally, thinking about and it is a delight to be here with the back if abused. Do not lash out. Do not how meaningful that period was to gentleman from Georgia (Mr. LEWIS) hold conversations with floor walkers. those of us who were indeed teenagers and the rest of my colleagues who use Do not leave your seat until your lead- at the time, to those of us who had the this evening to be so didactic, to be so er had given you permission to do so. opportunity to simply take an idea, informative, to be so inspirational, and

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.162 pfrm02 PsN: H01PT1 H152 CONGRESSIONAL RECORD — HOUSE February 1, 2000 to be so accurate and correct as we and no service. When the store closed, regate hardly brought calm to Greens- kick off the beginning of Black History they got up and walked out, peacefully, boro. In spring of 1963, more than a Month, and I thank the gentleman and just like the gentleman from Georgia thousand protesters led by North Caro- yield back to him. described earlier in his comments. lina A&T student council president Mr. LEWIS of Georgia. Mr. Speaker, Just as the somber-faced foursome Jesse Jackson, again a person that we I thank my friend and my colleague for left the building, a Greensboro News know and respect but never think of as those very moving words and thank and Record photographer took the only a hero, marched each night, raising the him for his participation, and I thank surviving photograph of this historic arrest totals to more than 900. him for keeping the faith and for keep- event. The first three of these four had On May 19, CORE president James ing his eyes on the prize. been members of the NAACP youth Farmer held a march of 2,000 to the Mr. DAVIS of Illinois. Well, we have group in Greensboro, which had been Greensboro Rehab Center, then serving had some great role models. My father active since the 1940s. On the left was as a makeshift jail. Swayed by these is 87 years old, and we just moved him David Richmond, wearing a beret. Next massive turnouts and boycott of to Chicago from Arkansas, where he to him was the person that I now know Greensboro businesses, the city agreed was living alone. And we were chatting as a friend and colleague, not as a hero to a bi-racial commission and marches the other day, and he said to me that or a superhero, next to him was Frank- were suspended. Greensboro was slow in spite of how far we have come, we lin McCain, the tallest of the group. to implement changes, however, still have a long way to go. And I think And Franklin I would characterize as prompting 500 exuberant students to he was absolutely correct. So I thank a gentle giant. He is about 6–4, 6–5, but occupy the area in front of city hall. the gentleman. he is about as nice a guy as a person The following week, 50 Greensboro Mr. LEWIS of Georgia. There is still would ever want to meet. He would not restaurants, motels, and theaters abol- history to be made. harm a fly. ished the color line in exchange for an Mr. Speaker, what I would like to do Wearing a soldier’s cap, Ezell Blair, end to street demonstrations. now is to yield to my good friend and Jr., was carrying a paper bag in one I bring this to a conclusion with this colleague, the gentleman from the hand. And Joseph McNeil from Wil- kind of fitting note. great State of North Carolina, from the mington, North Carolina, wore a white Woolworth’s closed its doors here in city of Charlotte (Mr. WATT). coat. Greensboro in 1993. The final meal at Mr. WATT of North Carolina. Mr. From the beginning, the Greensboro the counter was attended by all four Speaker, I thank my colleague, the sit-ins electrified those who looked for original protesters, and the manage- gentleman from Georgia (Mr. JOHN a way to demonstrate discontent with ment reverted to its 1960 menu prices LEWIS), and what I thought I would segregation outside the courtroom. as a ‘‘tribute’’ to the four of them. like to do in tribute to this Black His- b Today plans are afoot for a three-floor tory Month celebration and in tribute 1915 museum created by a nonprofit group to the wonderful four gentlemen who The following day, on February 2, 23 called Sit-in Movement, Inc. A portion sat in at the Greensboro lunch counter men and women, mostly from North of the counter, now shaped like four is to read some excerpts from a publi- Carolina A&T University, visited the successive horseshoes, ringed with tur- cation called ‘‘Weary Feet, Rested Woolworth’s store with similar results quoise and pink vinyl seats, will re- Souls.’’ to the day before. The next day the sit- main on street level in the back. Por- Before I do that, I just find it so iron- ins had filled 63 of the 66 seats at the tions of the original counter are in the ic that we could be here in the chamber counter. Greensboro Historical Museum as part with people like the gentleman from Dr. George Simkins, a former con- of an exhibit, but one section of the Georgia (Mr. LEWIS) and kind of take stituent of mine until they changed my original remains in the store. for granted that he is our friend and congressional district and again a per- Outside on the sidewalk are bronze our colleague and never really think of son who I never think of as a hero but footprints of the four original pro- him as a hero, yet understand how he- as a wonderful person and constituent testers, people that we never think of roic the things that he did to make our now, was the President of the Greens- as heroes but who laid the groundwork being here possible, how historic and boro NAACP and he called on CORE for for us to be able to sit at lunch heroic those things are. advice about how to keep the campaign counters and share, in an integrated I feel much the same way about my going. setting, food and camaraderie and in a good friend Franklin McCain. Franklin With CORE’s help and the media special way pave the way for us to be McCain and I have been good friends spotlight, news of the sit-ins spread here as Members of this body and pave for a long time. I did not know him like concentric ripples on a still pond. the way for me to be here as the rep- when he was one of the four partici- Floyd McKissick, who later headed resentative of the part of Greensboro pants at the Woolworth sit-ins in CORE, led sit-ins in Durham on Feb- North Carolina where these sit-ins Greensboro, North Carolina; but not ruary 8. ‘‘CORE has been on the front commenced 40 years ago today. long after I moved back to Charlotte in page of every newspaper in North Caro- Mr. Speaker, I thank the gentleman 1970–71, I met Franklin McCain. We lina for 2 days’’ exulted an organizer from Georgia (Mr. LEWIS) for leading turned out to be in the same frater- traveling to colleges and high schools this special order. And more so, I nity, and our friendship has grown. His in Greensboro, Raleigh, Chapel Hill, thank him and Franklin McCain and wife and my wife both worked in the and High Point. people that we never think of as heroes school system there in Charlotte. We Lincoln’s birthday brought the first for the heroic actions and steps that never think of Franklin McCain as a demonstrations in South Carolina, led they took to make it possible for us to hero either, but we know that the by 100 students in Rock Hill. The next be here and make this tribute today. things that he and the three colleagues day, CORE led a sit-in in Tallahassee, Mr. LEWIS of Georgia. Mr. Speaker, of his who started the sit-ins in Greens- Florida. By the end of March, the sit- I say to my friend and my brother, the boro, North Carolina, did were heroic, ins had spread to 69 southern cities. gentleman from North Carolina (Mr. and we pay tribute to him. And I would Woolworth’s national sales showed a 9 WATT), I think it is so fitting and ap- like to do it in this way, by reading percent drop from the previous March propriate for him to be standing here some excerpts. as a result of the boycott and the com- as a representative of the great State On February 1, 1960, after a late-night motion caused by the sit-ins. These ef- of North Carolina because so much did discussion, four black freshmen from forts produced the first wave of agree- take place in North Carolina, not just North Carolina A&T University decided ments to integrate not just Wool- the sit-ins in Greensboro that got to try to get served in the sprawling worth’s itself but all the main down- spread throughout the State and Woolworth store. A half hour before it town stores. around the South, but a few months closed, they bought a few small items By July, Greensboro and 27 other bor- later in Raleigh, North Carolina, at then sat down at the counter and wait- der State cities had adopted integra- Shaw University the founding of the ed. One asked for a cup of coffee. There tion in some form. By spring 1961, 140 Student Nonviolence Coordinating was no violence, no arrest, no media, had come around. Pledges to deseg- Committee, where many of the young

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.164 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H153 people gathered under the leadership of I did not know that 400 to 500 stu- ganize in such a way to prevail. That is Martin Luther King, Jr., where we dents eventually sat down in Greens- the greatest legacy that the descend- really did come together to learn more boro and made the whole city of ants of the American slaves have left about the philosophy and the discipline Greensboro respond across the board, to the world, the legacy that the vic- of nonviolence. the hotels and stores, everybody. I did tims can resist, the victims can over- Mr. WATT of North Carolina. Mr. not know that fact, and I followed it come. Speaker, if the gentleman would con- pretty closely. Singing ‘‘We Shall Overcome’’ is tinue to yield just for an afterthought. The important thing that I would quite appropriate. When we do it with Because on the Martin Luther King like to add to the dialogue tonight is nonviolence, when we resist, we are holiday, we had a wonderful tribute in the fact that what those students did able to overcome. I salute the gen- Charlotte in which I read part of Lin- and what the gentleman from Georgia tleman and all of my colleagues for coln’s words to the backdrop of our (Mr. LEWIS) did as a member of the getting this Year 2000 celebration of Charlotte symphony orchestra; and Student Nonviolence Coordinating Black History Month off to a great during the reading, they were showing Committee did was to set in motion a start, emphasizing that legacy which is on a television screen kind of excerpts process which was the real legacy of so important and which we have con- from the sit-ins, and later that night as the civil rights struggle and of the peo- tributed not only to ourselves and to I was taking my mother home, she ple of African descent in the United this Nation but to the entire world. We said, You know, I saw your brother in States that ought to be highlighted shall overcome. Mr. LEWIS of Georgia. Mr. Speaker, those clips that they were showing. I and carried forward during every Black I thank the gentleman from New York said, You saw my brother? What do you History Month, and that is the legacy (Mr. OWENS), my colleague and asso- mean you saw my brother? It turned of resistance, you know, resistance to ciate, so much for his leadership. I out that my oldest brother, who was oppression. thank him for all he did as head of about the same age as Franklin The victims resisted and they re- CORE in Brooklyn and for being here McCain, was a student at Johnson C. sisted nonviolently and they resisted tonight to participate in this special Smith University and participated in en masse. And there was a whole chain the original sit-ins in Charlotte, and he order. reaction of events that led to success- It is appropriate for him to mention was right in the front of the sit-in clip- ful resistance that the whole world now pings that were shown on that evening. the theme song of the movement ‘‘We has copied. We do not realize how Shall Overcome.’’ After the 1960 effort, I certainly never thought of my unique it was. brother as a hero of sorts. But it is 5 years later, the President of the I was born in Memphis, Tennessee, United States, President Lyndon John- amazing the heroic steps that people raised in a city right between Arkansas like my colleague and Franklin son, came and spoke to a joint session and Mississippi. The brutality of the of the Congress when he introduced the McCain and even my brother took in oppressive class at that point, the op- those trying times. And we of the Voting Rights Act and he said, ‘‘We pressive white leadership at that point, Shall Overcome’’ several times. He said younger generation that have a little the brutality that you confronted when bit more hair than the gentleman from it to the Congress, but he said it to the you tried to do anything, the danger of nation, ‘‘We Shall Overcome.’’ Georgia (Mr. LEWIS) thank him so being lynched, the danger of being bru- So we have come a distance, we have much for everything that he did. talized was so very real until most peo- made a lot of progress since February Mr. LEWIS of Georgia. Mr. Speaker, ple do not realize what those students 1, 1960. I thank the gentleman for his kind did when they went up against estab- It is now, Mr. Speaker, my pleasure words and thank him for participating lished order. and delight to yield to the gentleman in this special order. They had to summon up a great deal from New Jersey (Mr. PAYNE), my good Mr. Speaker, what I would like to do of courage, and my colleague, of friend from the city of Newark. now is to yield to my friend and col- course, repeatedly had to summon up a Mr. PAYNE. Mr. Speaker, let me league from the great State of Brook- great deal of courage against very vio- first of all commend the gentleman lyn, New York (Mr. OWENS). from the great State of Georgia (Mr. Mr. OWENS. Mr. Speaker, I thank lent attacks. The violence and the bru- tality was such that when I graduated LEWIS) for calling this special order the gentleman from Georgia for yield- highlighting the Greensboro sit-in that ing to me. I, too, would like to con- from Morehouse College in 1956, I left the South defeated, feeling that noth- began on February 1, 40 years ago. I gratulate him on launching Black His- rise to join my colleagues in honoring tory Month in the very appropriate ing much was ever really going to change. this very important and historical day way that he is launching it. in history. For years we have seen Black History I am so happy that those who came Month take on different meanings for after us just 4 years later in 1960 were b 1930 different people and great emphasis has proving that that was not the case, Let me begin by asking, What is a pa- been on the factual reciting of various that if students stood up, they could triot? Usually the term ‘‘patriot’’ achievements by blacks, people of Afri- set in motion a whole series of events evokes images of our first President, can descent because of the fact that in which not only electrified a mass George Washington. As a young boy, history books and in the popular cul- movement in Greensboro, in Nashville, every class that I went to in my ele- ture all of the facts of our positive all over the South, but it came north. mentary and secondary schools in New- achievements have been left out, and in I was an old man with kids in 1963, ark, New Jersey, had a picture of the schoolbooks they have been left but as a member of Brooklyn CORE, we George Washington. He was the pa- out. led a movement which had 800 people triot, he was the father of our Nation. I, as a librarian in the Brooklyn Pub- get arrested protesting discrimination If you were to ask me what a patriot lic Library, working with many teach- in the employment industry. And of is, however, I would certainly say ers to try to get together a united ef- course, it went all over the country. George Washington was one, but I also fort to get the Board of Education of And beyond that, we must realize it would think of the four particular the great City of New York to have a went all over the world, that when the young men who we have been talking more inclusive curriculum with respect Berlin Wall fell, they were singing ‘‘We about tonight in 1960: Ezell A. Blair, to black history, just to get the facts Shall Overcome’’ in the streets of Ber- now Jibreel Khazan; Franklin E. out was always so difficult. lin. When the Czechoslovakian people McCain; Joseph A. McNeil; and David Facts are just the beginning. And, of celebrated the withdrawal of the Soviet L. Richmond. These were young men course, the facts are very important. troops, they were in the street are who were patriots, also, because they The details of some of the kinds of singing ‘‘We Shall Overcome.’’ sparked an American revolution of things that the gentleman from North The whole pattern and whole mes- their own. As we think of these two im- Carolina (Mr. WATT) has just recited sage has gone out to the whole world. ages, they may seem unrelated, but are still unknown. The details of the Victims do not have to accept it. The they are in fact joined by the under- development of the whole movement is victims can resist. The victims can re- lying principle of their actions, liberty, not known. sist with nonviolence, and they can or- freedom and fairness.

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.166 pfrm02 PsN: H01PT1 H154 CONGRESSIONAL RECORD — HOUSE February 1, 2000 These young men were in search of shows one of the photographs from this billion in foreign investment. This more than just food and beverages. exhibit. It shows two men, James Allen level of international trade and invest- Their hunger and thirst was much and John Littlefield, two black men, ment supports thousands of jobs in deeper. They wanted to drink from the who in August 1930 were lynched. It Iowa and across the country, and it fountain of equality and freedom and shows them hanging from a tree. It greatly benefits our economy in gen- were therefore attacking the social shows a large crowd at their feet. eral. order of the time. The first day there There are 13- and 14-year-old young Over the past 30 years, we have made were four; the second day 20. What en- girls in this crowd. Some of them hold significant progress in breaking down sued was that thousands started. As ripped swatches of the victims’ cloth- barriers to trade. The General Agree- they say, ‘‘If you start me with 10 who ing as souvenirs. This photograph be- ment on Tariffs and Trade, or GATT; are stout-hearted men, then I’ll soon came a souvenir and 50,000 of these the World Trade Organization, or WTO; give you 10,000 more.’’ Of course today postcards were sold at 50 cents each. and the North American Free Trade we have to be gender sensitive, so I I thank the gentleman for having Agreement have been effective in pro- would paraphrase it by saying, ‘‘Start this special order tonight. Here in moting the development of free trade. me with 10 who are stout-hearted men Washington, we have a Holocaust mu- Yet we need to do much more. I have a or women and I’ll soon give you 10,000 seum. It would be my sincere hope that book in my office published each year more.’’ this photographic exhibit of 60 small by the Office of the U.S. Trade Rep- They used to say, ‘‘It is better to photographs comes to Washington and resentative entitled ‘‘National Trade build boys than to mend men.’’ We travels around the country. I think Estimate Report on Foreign Trade Bar- have a difficult time making it fit, but every American should see this as part riers,’’ not exactly something that you I say men and women, too. But let me of a very tragic part of our American want to read if you want to stay awake late at night. The 1999 edition is more say that these four young men started history. than 400 pages long, but those 400 pages a revolution. Mr. LEWIS of Georgia. I want to So in a world full of images and sym- thank the gentleman from Iowa for detail the impediments that still exist bols, I can think of nothing more pow- bringing that to our attention. I have to fully achieving a free international economy. America as the largest eco- erful than the idea of these four young seen the exhibit. I have seen the book. nomic force in the world will benefit men, because it is said that nothing is It is very, very moving. It makes me greatly if we eliminate those barriers. as important as a dream whose time very sad sometimes to think that in So tonight I want to talk about some has come. As these men sat silently our recent history that our fellow of the trade issues Congress may be ad- and calm at Woolworth’s lunch counter Americans would do this to other dressing this year and how they tie in Greensboro, North Carolina, in 1960, Americans. Some of these photographs into the goal of expanding market ac- it showed the courage and image that makes me want to really cry. It is very cess and promoting free trade. embodied a movement that changed painful to see. I think that is a wonder- One of the first things Congress could the face of America. ful suggestion, to bring this exhibit to do is to enact sanctions reform. The As I conclude, Frederick Douglass Washington, let it travel around Amer- United States uses trade sanctions to once said, in 1857, ‘‘Those who profess ica, because we must not forget this apply economic pressure against coun- to favor freedom and yet deprecate agi- part of our history. Just maybe we will tries to force them to modify their tation are men who want crops without never ever let something like this hap- policies. Our trade sanctions against plowing the ground. They want rain pen again in our own country. Cuba are an example. Often, these without thunder and lightning. They Mr. Speaker, I want to thank all of sanctions prohibit the export of food want the ocean without the awful roar my colleagues for participating in this and medical products. These sanc- of its waters. Power concedes nothing special order. tioned markets currently buy $7 billion without a demand. It never did and it f in agricultural commodities each year never will.’’ THE INTERNATIONAL GLOBAL from the international community. I conclude again by saying that we That is $7 billion in agricultural com- are thankful for those young men at ECONOMY AND PATIENT PRO- TECTION LEGISLATION modities that they are not buying from that time. I also participated in New- us. The Department of Agriculture es- ark by us supporting them in those The SPEAKER pro tempore (Mr. timates that rural communities lose days, picketing Newark’s Woolworth’s SHERWOOD). Under the Speaker’s an- $1.2 billion in economic activity annu- store. I know recently Woolworth’s an- nounced policy of January 6, 1999, the ally as a result of these unilateral nounced the closing of 500 or so stores. gentleman from Iowa (Mr. GANSKE) is sanctions. For this and other reasons, I was just wondering whether that recognized for 60 minutes. we need to end unilateral sanctions on lunch counter in Greensboro, North Mr. GANSKE. Mr. Speaker, tonight I food and medicine, except in cases of Carolina, was one of those that finally want to talk about two issues. First I national security. closed. want to talk about the international First, they do not work. Our allies Mr. LEWIS of Georgia. Mr. Speaker, global economy, and then I want to say freely supply these products to the I would like to thank my friend and a few words about patient protection sanctioned states, undermining our ef- colleague, the gentleman from New legislation, just so I will not disappoint forts and taking away potential mar- Jersey, for those kind and moving any of my colleagues. kets. Second, withholding food and words. While the international global econ- medicine from civilians because we dis- I yield to my friend and colleague omy is no longer a vision of the future, agree with their governments’ policies, from the great State of Iowa (Mr. it is here, it is a reality, we are now es- in my opinion, is less than civilized. GANSKE). tablishing the rules that govern this And, third, these unilateral sanctions Mr. GANSKE. I thank my friend from economy; and the outcomes of these punish America’s farmers and further Georgia for yielding. debates will have a direct impact upon depress commodity prices by denying Mr. Speaker, between 1882 and 1968, my State of Iowa as well as on the access to significant international thousands of black men and women and country as a whole. markets. When our Nation’s farmers children were hanged, burned, shot or Our country and my State have bene- are struggling for survival, that is not tortured to death by mobs in the fited greatly from the growing inter- acceptable. By exempting agricultural United States. Of those crimes, only a national marketplace and American ef- and medical products from unilateral handful ever went to a grand jury. In forts to reduce tariffs and trade bar- sanctions, we can provide our farmers New York City at this moment, there riers. For example, my home State of with additional market opportunities is a photo exhibition in which 60 small Iowa’s exports increased nearly 75 per- and provide a humanitarian service to black and white photographs are on cent over 5 years to $5 billion in 1998. people living under those oppressive re- display. The name of this exhibition is Export sales from Des Moines alone to- gimes. Witness. It is at the Roth Horowitz talled nearly half a billion dollars in Another tool we can implement to Gallery. I am looking on page 17 of the 1998. This growth was a two-way street. promote free trade is fast-track negoti- latest New Yorker Magazine which My State has attracted more than $5 ating authority. Fast track allows the

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.168 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H155 President to negotiate international national market. In the current inter- mentation of the Sanitary and trade agreements and then bring those national economic system, nations are Phytosanitary Agreement, or SPS. agreements to Congress for an up-or- looking for competitive advantages. This states that a nation or trading down vote without amendments. This The United States, for example, has block cannot impose restrictions on authority is authorized for limited pe- great technology and we have an agri- the import of agricultural or food prod- riods of time. Beginning in 1974, fast cultural surplus, so we seek to promote ucts based on a health concern unless track was extended several times, until these for our benefit. Others do for that concern can be backed by sci- its most recent expiration in 1994. their particular industries. entific evidence. Armed with that fast-track authority, Many have argued that international This strikes at the heart of many of Presidents were able to assure our agreements threaten to weaken other the barriers that other nations have trading partners that they have the segments in our economy and should erected to keep out our American agri- necessary authority to negotiate trade therefore be avoided. Some argue that cultural products. It helps open mar- agreements and that Congress will not we should not participate in these kets that have traditionally been change the conditions of those agree- agreements because they threaten our closed to our farmers. ments. national sovereignty. But I want to talk for a minute about It was under such authority that two Well, I understand the concerns the role of WTO in resolving trade dis- multilateral trade agreements were about opening our markets to other na- putes, because it is this function that reached under GATT, including the tions and the need to secure ourselves is at the heart of many of the criti- Uruguay Round which produced great from threats against our sovereignty, cisms of WTO. The set of rules by dividends for U.S. farmers, U.S. inter- and we must never relinquish control which members must abide were agreed ests and established the WTO, the over our own destiny. However, these to by all of the members. However, na- World Trade Organization. Fast track opponents fail to consider that these tions sometimes violate those rules, also helped America reach free trade agreements in which we are involved despite their commitments. When this agreements with Israel in 1985 and Can- were reached with our input. The rules happens, the WTO dispute settlement ada in 1988, as well as the North Amer- of these organizations exist to ensure process offers a forum through which nations can seek solutions to their dif- ican Free Trade Agreement, or fair treatment from market to market ferences without immediately impos- NAFTA, in 1993. But in 1994, authoriza- and to reduce tariffs and restrictions, concepts that have greatly benefited ing trade barriers. tion for fast track expired; and it has When a member files a complaint, a America. not yet been reauthorized. WTO-appointed commission reviews Now, last year President Clinton an- One of the most effective agreements the case and issues an opinion. Coun- nounced in his State of the Union ad- America has brokered is NAFTA. tries have the ability to appeal those dress that he would again seek renewed NAFTA has had a significant impact findings. After the appeals process is fast-track authority. Unfortunately, on Iowa’s economy since it went into exhausted, the loser of the case must that was followed by a rather anemic effect in January 1994. The agreement modify their policies to comply with and unsuccessful effort by President set a schedule for reduction and even- the rules to which they themselves Clinton in 1998. So today, we still do tual limitation of tariffs between the United States and our neighbors, Can- agreed. not have fast-track authority. Now, the WTO does not have enforce- ada and Mexico. This has resulted in a I believe that if we wish to continue ment authority, but it does have inter- terrific growth for North American making substantial improvements and national opinion and the collective will trade, greatly increasing our export advances in promoting free trade and if of the members of the organization in market. we want to shape or have input in the an enlightened way and enlightened For example, my home state of Iowa. current negotiations of WTO, we need self-interest to encourage nations to Exports to Canada and Mexico nearly to reauthorize fast-track authority. In comply with World Trade Organization doubled in NAFTA’s first 4 years. In this year’s State of the Union address rules. Thus, the WTO is only as strong 1998 alone, Canada and Mexico im- just last week, President Clinton spoke as the commitment of its member na- ported $2.3 billion in Iowa products, about nearly everything, except fast- tions. But the collective will of the more than 44 percent of Iowa’s export track authority. international market is a significant total. This growth supports thousands b 1945 factor in reducing barriers to trade. of jobs and has brought substantial The current round of WTO trade ne- I hope the President and Vice Presi- economic benefits to our businesses gotiations must address the issue of dent put full White House support be- and agricultural communities. compliance while seeking to further re- hind an effort to reauthorize fast NAFTA serves as a model for the duce barriers to trade. If the European track, and I hope we in Congress can international community. It reduces Union, one of the largest members of pass it before we adjourn this fall. barriers, it promotes trade, and it cap- WTO, continues to violate the rules of While sanctions reforming fast track italizes on America’s advantages. The the agreement, the future of WTO is in will help America’s efforts to enhance goal of the World Trade Organization is jeopardy. free trade and market opportunities for ‘‘to help trade flow smoothly, freely, The future of WTO will be deter- our industry and farmers, we must also fairly, and predictably.’’ I believe the mined in the next couple of years, de- engage other nations in multilateral WTO has significantly improved the termined by the new round of negotia- agreements if we hope to get anything international economy. tions and determined by the potential done. This can be done most effectively The Uruguay Round which produced accession of China to the World Trade through international trade organiza- the WTO established a system of rules Organization. tions. for member nations to ensure fair mar- I was very disappointed with events The system that has received the ket treatment. In addition, it estab- in Seattle at the end of last year. I be- most attention lately is the World lished a process by which member na- lieve this new round is a terrific oppor- Trade Organization, the WTO. Every- tions could seek redress for their griev- tunity for us to expand our role in the one is aware of the events that took ances without resorting to immediate international economy by improving place in Seattle with the tear gas and trade retaliation. That action helps market access for Iowa’s products. For the rioting in the streets. The Repub- prevent disruptions in international the opening session to be disrupted in lican presidential primary candidates markets, and the result has been a the way it was was very unfortunate, have been debating the merits of U.S. global lowering of tariffs, an easing and to say the least. This round will deter- participation in WTO. elimination of import quotas and an mine the future effectiveness of the Despite some of the concerns being overall more free system of trade. World Trade Organization, and the expressed, I fully support U.S. member- These are essential components to fu- United States should use the WTO to ship in WTO and other international ture prosperity for America and our make significant advances in the re- trade organizations. Opponents of trade trading partners. duction of barriers to America’s goods. organizations like to focus on the ap- Of significant importance to our Na- An issue that may change the inter- parent negative effects of an inter- tion’s agricultural trade was the imple- national market significantly is the

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.169 pfrm02 PsN: H01PT1 H156 CONGRESSIONAL RECORD — HOUSE February 1, 2000 prospect of China joining the WTO. The or uncompetitive advantage. These ag- eral agreement is not the final docu- United States and China a few months ricultural concessions are very attrac- ment concerning China’s membership ago reached a bilateral agreement on tive and they hold forth the promise of in the World Trade Organization. China’s accession to the World Trade significant growth for our nation’s China must now complete bilateral Organization. This agreement looks farmers. agreements with the European Union, very promising, and I would like to We passed the Freedom to Farm Bill with Canada and with other trading point out a few details that may inter- here a few years ago. I think overall partners. These agreements will then est you. moving away from restrictions on be combined into a comprehensive, Overall, China agreed to cut tariffs planting and giving farmers freedom to multilateral package, that would be from an average of 24.6 percent in 1997 plant the crops that they want is a presented to Congress. Congress must to an average of 9.4 percent by the year good move, but part of the bargain of then decide whether to grant China 2005. For U.S. priority products, tariffs that bill is also that we work hard to permanent Most Favored Nation sta- will be cut to 7.1 percent. That is a 62 remove export barriers and import bar- tus, or normal trade relations. to 71 percent drop in tariff rates on riers in other countries. This is part of A year ago, I opposed a 1-year exten- most imported goods. In addition, what we are doing with the accession sion of NTR to China. I did so for sev- China agreed to phase out most import agreement with China. eral reasons, the unfair balance of our quotas by the year 2005, making these Another component of the agreement trade relationship; the 40 percent im- new tariff rates applicable to most of interest to our nation is in the area port tariffs that China puts on our ag- products, regardless of quantity. of financial services. Currently foreign ricultural products, I do not think that China also agreed to give American insurance companies are allowed to op- is fair; China’s violations of our na- companies more control of the dis- erate in only two cities in China. This tional security; their disregard for tribution of their products at both the bilateral agreement will remove all ge- human rights and their threatening wholesale and the retail levels. Amer- ographic limitations for insurance posture towards their neighbors. ican suppliers will no longer have to go companies within 3 years. Within 5 Additionally, I did not feel that past through state trading enterprises or years, foreign insurers will be able to extensions of NTR had greatly bene- Chinese middlemen. American compa- offer group, health and pension insur- fited America’s interests. Rather, de- nies will be allowed to provide mainte- ance, which represents 85 percent of all spite NTR, China’s actions jeopardized nance and services for their products, premiums sold. our national and economic security. something particularly important, for Foreign firms will be allowed under However, this bilateral accession instance, with automobiles. this agreement 50 percent ownership agreement could open a tremendous In agriculture, China agreed to lower for life insurance and will be allowed to market for American and Iowan prod- the average tariff on American agricul- choose their own joint venture part- ucts, if, and this is the big if, China ac- tural products from nearly 40 percent ners. Non-life insurance companies will tually complies with the provisions of to 17 percent. In addition, it will set be allowed to establish local branches, the treaty. tariffs on U.S. priority products, such hold 51 percent ownership upon acces- The unprecedented access for inter- as pork, beef and cheese, at 14.5 per- sion, and form wholly-owned subsidi- national businesses would expose Chi- cent. That is a significant concession. aries within 2 years. nese society to outside influences like The agreement also establishes tariff In addition, China agreed to lower never before. While the jury is still out, rate quotas which represent the max- tariffs on American automobiles to 25 the fine print has not yet been made imum level of imported product for percent from the current rate of 80 to available for review, I expect the Presi- which lower tariffs are applied. The 100 percent, and American financing dent will request Congress to waive the goal of trade negotiations are to in- programs for these cars would also be Jackson-Vanick amendment which re- crease those quotas and eventually available. Tariffs on information tech- quires annual extension of NTR for eliminate them, thus producing the nology like computers and Internet-re- China and ask us to improve perma- greatest possible benefits for the ex- lated equipment would be eliminated nent NTR status. porting nation. by the year 2005 and banks and finan- This is going to lead to a vigorous For example, China agreed to elimi- cial institutions would have unprece- and energetic debate on this floor of nate oil seed quotas by the year 2006 dented access to the Chinese popu- the House of Representatives. The and to increase the quota for corn to lation. China promised to conduct busi- stakes are very high. This may sound 7.2 million metric tons by the year ness in a fair, non-discriminatory man- like an arcane subject. Maybe it is not 2004. By comparison, China currently ner, and in accordance with WTO rules. as personal as the patient protection imports only 250,000 metric tons of The United States also ensured that legislation that I am going to be talk- American corn. its existing anti-dumping protection ing about in a few minutes, but I can China also agreed to abide by the provisions and product safeguard pro- say what we decide on the floor of this Phytosanitary Safety Agreement and grams will remain in place for the next Congress on this treaty could have sig- to accept the U.S. Department of Agri- 12 to 15 years. nificant impact on each and every one culture certification that American Well, despite the apparent benefits of of us in this country in terms of how meat and poultry is safe. What this this agreement, I still think we need to our economy is going to do. means is that China will now open its be careful. China does not have a great market to U.S. pork, beef, and poultry, track record in complying with trade If Congress approves permanent nor- access which has been denied because agreements. Currently our trade rela- mal trade relations for China and aban- of China’s claim that American meat is tionships with China continue to be dons the annual review requirement, do not safe enough for consumption. tilted in favor of China. Despite contin- we risk losing valuable leverage in fu- I can guarantee you, America’s meat ued engagement and extension annu- ture negotiations? If we grant perma- is safe for export. I go overseas to ally of normal trade relations or most- nent NTR, will we actually experience Third World countries. Let me tell you, favored-nation status, the U.S. trade significant reform in the Chinese mar- on most any given day, I would rather deficit with Beijing has increased from kets, or will China renege on its prom- have an American piece of meat. $6.2 billion in 1989 to $56.9 billion in ises as it has in the past? In addition, China pledged not to pro- 1998. If we do not grant permanent normal vide export subsidies for its agricul- In 1992, we signed a memorandum of trade relations, will we be watching tural products. Let me repeat that. understanding to improve market ac- from the sidelines as other nations China pledged not to provide export cess between the United States and take advantage of new market opportu- subsidies for its agricultural products. China. nities to 1 billion people? These are So they are opening up their market, some of the questions that Congress b they are reducing their quotas, they 2000 will have to ask this session. I look for- are reducing their tariffs, and they are The Chinese Government has failed ward to the debate, and I am learning also agreeing not to subsidize their to reduce significant trade barriers to more about the fine print of this agree- own producers, giving them an unfair U.S. products. In addition, our bilat- ment.

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.171 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H157 In summary, I think the United To begin with, the AAHP implies AAHP states that, ‘‘There is no evi- States must pursue free trade when- that supporters of the Norwood-Din- dence demonstrating that in States ever possible. This includes reforming gell-Ganske bill are promoting law- that have a binding external review our sanctions policies to provide Amer- suits, but the supporters of the Nor- system, health plans do not adhere to ican food and medicine to needy civil- wood-Dingell-Ganske bill believe that the decision of external review enti- ians. It involves granting the President patients should have an opportunity to ties.’’ fast track negotiating authority to en- pursue internal and external review in However, in the House Committee on sure our place in global trade negotia- a timely fashion before they are Commerce, we heard testimony from tions. It involves participating in harmed. It is the appeals process with Texas that refutes this statement by international trade organizations to an independent review panel that will the HMO industry. That lawsuit, open new and expanding markets. It in- improve quality of care and ensure Plocica versus NYLCare is a case in volves reducing trade barriers in order that patients receive necessary health which the managed care plan in Texas to spur further economic growth for care, but as Governor Bush says, ‘‘at did not obey the law, and a man died. our economy, but we must remain the end of the day, HMOs must be re- This case exemplifies why we need ac- aware of the implications such action sponsible for their actions.’’ countability at the end of the review may have on our security, and we must Then AAHP claims that HMOs al- process. make those decisions appropriately. ready can be sued under ERISA. Well, Mr. Plocica was discharged from a At this time, I am leaning towards a again, take that characterization with hospital suffering from severe clinical yes vote on permanent normal trade a huge grain of salt, because it is true depression. His treating psychiatrist relations with China, and I am looking that under ERISA HMOs can be sued informed the plan that he was suicidal forward to the debate. but only for the costs of treatment de- and required continued hospitalization PATIENT PROTECTION LEGISLATION nied. Now, how is that a just outcome until he could be stabilized. Texas law Mr. GANSKE. Mr. Speaker, I want to for a child that has already lost his requires an expedited review by an say a few words about patient protec- hands and his feet or somebody else independent review organization, one tion legislation, particularly in re- who has lost their life? It is a travesty of those IROs that Governor Bush sponse to what I consider to be a rather that many of these people and their speaks about. Prior to discharge, such inaccurate publication that has been families find that their legal remedy, a review was not offered to the family sent to Congress, all Members of Con- under ERISA, through their employer by the plan, by the HMO. gress recently, by the HMO industry. plan, for their loss, is only the cost of Mr. Plocica’s wife took him home. Before I go any further, I want to be treatment denied. During the night he went to his garage. crystal clear what my position has That is an unfair burden on patients. He drank half a gallon of antifreeze and been throughout this long debate. As It was never the congressional intent he died a horrible, painful death. we have developed patient protection and the Norwood-Dingell-Ganske bill This case shows that external review legislation, I have always believed that provides appropriate liability and ex- and liability go hand in hand. Without any entity, whether a doctor, a health ternal appeals process protections for the threat of legal accountability, plan or a business, that makes deci- patients and their families. sions on medical necessity must be Next, the American Association of HMO abuses like those that happened held responsible for those decisions. Health Plan little manual says, ‘‘The to Mr. Plocica will go unchecked. Moreover, I find it reprehensible that current medical malpractice system The lesson from Texas also is that there are those who would promote the demonstrates that making correct de- there will not be an avalanche of law- argument that an entity should be able cisions does not preclude lawsuits,’’ suits. In fact, when HMOs know that to wrongfully cause the death of a pa- but under the Norwood-Dingell-Ganske they will be held accountable, there tient and be shielded from legal respon- bill the external appeals panel makes a will be fewer tragedies like those that sibility. determination on the appeals that are happened to Mr. Plocica. Currently, doctors are held respon- brought before it. If the health plan A couple of Sundays ago, just before sible for the medical decisions they does not abide by the panel’s decision, the Iowa caucuses, AARP, the Amer- make, but health plans and even em- then the patient and his family have ican Association of Retired Persons, ployers can dodge such responsibility the ability to pursue liability action. ran a one-hour infomercial on TV. through the ERISA preemption clause. However, if the plan abides by the inde- They interviewed all of the Presi- Recognizing that plan sponsors and pendent panel’s decision, then it is pro- dential candidates on their positions some employers do make these deci- tected under our bill, the bill that on a number of issues interesting and sions, the Norwood-Dingell-Ganske passed this House by a vote of 275 to of importance to senior citizens. One of bill, the Bipartisan Consensus Managed 151, it is protected from the punitive the questions that they asked was, Care Improvement Act of 1999, erases damages that the health plans are so what is your opinion on patient protec- this unintended shield by making those concerned about. tion legislation? And they had quotes plans responsible for any decision they On this point, an additional claim from all of the candidates, both Repub- make regarding medical necessity. that our bill, ‘‘requires external review licans and Democrats. Of those lawsuits that are brought, to be completed in all cases before an I want to read a transcript of what most would not be against employers individual can sue the plan. Therefore, Texas Governor George W. Bush had to or plan sponsors because they are gen- few claims will ever reach court,’’ say about this issue. These are Gov- erally not involved in the medical ne- AAHP then states that the Norwood- ernor Bush’s words. ‘‘As governor of cessity decisions that could lead to a Dingell-Ganske bill would, ‘‘allow en- Texas, I have led the way in providing personal injury or death. Therefore, rollees to bypass external review when for patient protection laws when it our bill protects health plans and em- an enrollee claims that he or she had comes to managed care programs. I am ployers by ensuring that they can only been harmed before an external review proud to report that our State is on the be sued if they decide to do more than is initiated.’’ leading edge of reform. People who are offer health insurance. In a recent com- AAHP fails to point out that the Nor- in managed care programs in the State munication entitled Health Plan Li- wood-Dingell-Ganske bill allows them of Texas have the right to choose their ability, What You Need to Know, the to go directly to State court only, I re- own doctor so long as it does not run American Association of Health Plans peat only, if they have suffered per- up someone else’s premium. People in makes a number of dubious assertions sonal injury or wrongful death. After a my State are able to take advantage of about the Norwood-Dingell-Ganske Bi- patient has already been killed, seek- emergency room needs and yet be cov- partisan Consensus Managed Care Im- ing any further treatment or an appeal ered by managed care. Women have di- provement Act of 1999. I would advise is absurd. On external review AAHP rect access to OBGYNs. Doctors are not my colleagues to take this with a grain says that we say, ‘‘expanded health subject to gag rules.’’ of salt. In fact, my colleagues may plan liability is necessary because Governor Bush continued. ‘‘We have want to take it with a whole truckload plans may not adhere to the decisions information systems now that are of salt that is currently cruising the of the external review even at this made available for consumers who are streets here in Washington. time.’’ in managed care programs. We have

VerDate 27-JAN-2000 04:13 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.173 pfrm02 PsN: H01PT1 H158 CONGRESSIONAL RECORD — HOUSE February 1, 2000 done a good job of making the managed and authority to resolve disputes for gated by the Texas Department of In- care systems in our Texas consumer cases involving medical judgment. The surance in 1995. Women’s protections friendly, as well as provider friendly.’’ plan must pay the costs of the process. that are in the bipartisan consensus Governor Bush continued. ‘‘I have Any decision is binding on the plan. If bill became law in Texas in 1997. Access also allowed a piece of legislation to a plan refuses to comply with the ex- to specialists in the Norwood-Dingell- become law that allows for people to ternal reviewer’s determination, the Ganske bill, the bipartisan bill, were take disputes with managed care com- patient may go to court to enforce the promulgated by regulation in Texas by panies to an objective arbitration panel decision. The court may award reason- the Texas Department of Insurance in called an independent review organiza- able attorneys’ fees in addition to or- 1995. tion.’’ dering the provision of the benefit. Drug formulary, prescriptions. The b 2015 What is the Texas law? The same provisions that are in our bill that thing. It became law in 1997. Since it passed this House with a vote of 275 be- ‘‘It is a chance for the insurance pro- has been enacted, 700 patients plus came law in Texas in 1999. vider and for consumers to resolve any have appealed their health plan’s deci- Mr. Speaker, maybe Governor Bush disputes that may arise.’’ sions, with 50 percent of the decisions and for that matter Senators MCCAIN Here is the important part of this falling in favor of the patients and 50 and HATCH, Senator LOTT, the majority statement. These are in Governor percent of the decisions in favor of the leader, the gentleman from Texas (Mr. Bush’s words. This is from the Texas health plan. The Texas external ap- ARMEY), and presidential candidate experience. peals process is being challenged in Gary Bauer are also aware of the De- ‘‘If after the arbitration panel makes court. It could be overturned unless we cember poll by the Harvard School of a decision, and if the HMO ignores that act here in Congress. Public Health and the Kaiser Family decision, i.e., in this gentleman’s case How about insurer accountability? In Foundation which found that nearly 70 where he drank half a gallon of anti- the Norwood-Dingell-Ganske bill, percent, let me repeat that, 68 percent, freeze case and died because of that health plans are currently not held ac- to be precise, of Republican respond- HMO’s medical necessity decision, then countable for decisions about patient ents, that is two out of three, more consumers in the State of Texas will be treatment that result in injury or than two out of three Republicans, said able to take the HMO to a court of law death under ERISA. that they would favor patients’ rights to be able to adjudicate their dispute.’’ Currently, the Employee Retirement legislation that included the right to George Bush finished his statement Income Security Act preempts State sue their health plans. by saying, ‘‘I believe this brings ac- laws and provides essentially no rem- It is awfully hard for somebody to countability to HMOs, and I know it edy for injured individuals whose argue that an industry which is mak- gives consumers the opportunity to health plan decisions to limit care ulti- ing life and death decisions should have take their case to an objective panel. mately cause harm. If the plan was at a shield from liability that no other in- This law is good for Texas. I believe fault, the maximum remedy is the de- dustry in this country has. Do auto- this law will be good law for America, nied benefit. The bipartisan consensus mobile makers have a shield from li- as well.’’ bill would remove ERISA’s preemption ability if they make a car that ex- Mr. Speaker, the bill that we passed and allow patients to hold health plans plodes? Do medical manufacturers have here a few months ago, the Bipartisan accountable according to State law. a shield from liability if their product Managed Care Consensus Reform Act of However, plans that comply with the causes a patient to die? No. I do not 1999, the Norwood-Dingell-Ganske Act, external reviewer’s decision may not be know of too many Americans that was modeled after the Texas laws. Let held liable for punitive damages. That think they should. me give some examples. is those $50 million or $100 million When each and every one of us is not The Norwood-Dingell proposal on uti- awards. Additionally, any State law only a purchaser but a participant in lization review, when a plan is review- limits on damages or legal proceedings this health system, when we know that ing the medical decisions of its practi- would apply. What is the situation in a member of our family or a friend or tioners, it should do so in a fair and ra- Texas? The same thing. It became law a colleague at work has been mis- tional manner. The bipartisan con- in 1997. Since that time, only three treated by their HMO and denied medi- sensus bill lays out basic criteria for lawsuits are known to have been filed cally necessary care, that is why about good utilization review: physician par- as a result of the Texas managed care 85 percent of the people in this country ticipation in development of review accountability statute. think that this Congress ought to pass criteria, administration by appro- Mr. Speaker, this missive that we strong bipartisan patient protection priately qualified professionals, timely need to take with a truckload of salt legislation. decisions. All of these things, and the put out by AHP says, oh, yes, but there I sincerely hope that we move in that ability to appeal those decisions, are in are a bunch of cases out there in Texas direction before the end of this session. the Norwood-Dingell bill. that have not been filed, so we do not I look forward to working with my col- Guess what, this became law in Texas really know. I would point out that leagues on both sides of the aisle to try in 1991. These provisions that were in Texas is tracking suits filed, not de- to effect a bill that we can get on the the Norwood-Dingell bill were en- cided. In Texas, there is a 2-year stat- President’s desk, get it signed into law, hanced in Texas law in 1995. ute of limitations on bringing suits. If that handles the medical necessity How about internal appeals? The bill those suits were out there, we would issue and that provides an effective en- that passed the House says, ‘‘Patients know about them because they would forcement mechanism. must be able to appeal plan decisions have to be filed. It simply is not hap- f to deny, delay, or otherwise overrule pening. doctor-prescribed care and have those Before Texas passed this law in 1997, AMERICA’S PROBLEMS WITH ILLE- concerns addressed in a timely manner. the insurance industry, the HMOs, said GAL NARCOTICS AND DRUG Such an appeal system must be expe- the sky would fall, the sky would fall. ABUSE dient, particularly in situations that There would be a plethora of lawsuits. The SPEAKER pro tempore (Mr. threaten the life and health of the pa- Instead, we have seen three filed. How- SIMPSON). Under the Speaker’s an- tient, and conducted by appropriately ever, we have seen probably over 1,000 nounced policy of January 6, 1999, the credentialed individuals.’’ of those disputes resolved before an in- gentleman from Florida (Mr. MICA) is What is the situation in Texas? In jury occurred. That is what we want to recognized for 60 minutes. 1995, these internal appeals were pro- do. Mr. MICA. Mr. Speaker, I am pleased mulgated by regulations by the Texas Choice of plans, the provision that is to return to the floor in really the sec- Department of Insurance. in the Norwood-Dingell-Ganske bill, ond half of this session of Congress to How about external appeals? In the the same thing in Texas, became law in renew my continued efforts to bring to Norwood-Dingell-Ganske bill, individ- 1999. the attention of the Members of this uals must have access to an external Provider selection provisions, those body and the American people the independent body with the capability regulations have already been promul- problem that we as a Nation face in our

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.175 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H159 tremendous problem of illegal nar- the incarceration of an unprecedented matic declines in drug spending for cotics and drug abuse that have rav- number of Americans, with over 1.9 international programs. Now, many ished our land. million Americans in jail today. It is people might wonder what inter- Tonight I will probably begin my 20- estimated 60 to 70 percent of those indi- national programs are. International something special order of the 106th viduals behind bars are there because programs would be stopping drugs at Congress by first of all reviewing a lit- of drug-related offenses. their source. tle bit of what has taken place in some The toll goes on and on. The most re- So this war on drugs or fighting a of the omissions of the President in his cent statistic cited in this GAO report war on drugs is not really rocket State of the Union Address, particu- has identified $110 billion in costs to science. It does not take somebody larly in regard to the threat we face as our economy. years and years to develop a strategy, a Nation from illegal narcotics. b 2030 because we know that 100 percent of Then I would like to focus a bit on a the cocaine that is produced, I will say General Accounting Office report that I And if all the costs related with this 99.5 percent of it that is produced, requested last year which is on drug social problem are added up, it could be there might be a little bit somewhere control. It was released a few weeks as much as $250 billion a year. else, but we know that it is produced in ago, the end of the last year, in Decem- So the cost is dramatic. The cost in Bolivia, Peru and Colombia. Again, not ber. It is entitled ‘‘Assets That DOD dollars is dramatic, but the cost in de- rocket science. Contributes to Reducing the Illegal stroyed lives across this land is abso- We know that it is very cost-effective Drug Supply Have Declined.’’ I will lutely incredible. for a source country eradication pro- speak about that particular report that Mr. Speaker, it is something to talk gram to deal with the problem. We I requested, along with one of my col- to parents who have lost a young life tried it and if we eliminate drugs where leagues from the other body. and drugs, illegal narcotics particu- they are grown, coca that produces co- Tonight again I think it is important larly, impact our youth population. caine in a limited area of the world that I cover and the Congress pay at- But to try to understand the agony of where it can be grown, we do not have tention to items relating to illegal nar- people that must deal with addiction, a lot of cocaine production. Simple. cotics and drug abuse that were not the agony of people that have young or We also know that today some 65 to mentioned by the President of the adult individuals in their family 70 percent of the heroin produced in the United States, and as this problem af- hooked on illegal narcotics, the rav- world that is on our streets, and we fects our state of the Union. ages that this has done to our economy know factually that it is on our streets Just a few days ago, last week, the and what could otherwise be productive from the fields of Colombia, comes President took the podium behind me lives is just untold. from, in fact, Colombia. We know and he gave only glancing lines, one or So we have a problem that has been where the heroin comes from that is two lines, a sentence or two, in a very swept under the table. It was not men- spilling over in unbelievable quantities lengthy presentation to the Congress tioned by the President in his address, on our streets and throughout our com- and the American people on the State but again except a glancing and I think munities. of the Union, and in particular, with talking briefly about aid to Colombia, The reason that we have incredible regard to illegal narcotics and drug and I will talk about that very shortly. supply of drugs in this country is basi- abuse. I will try to fill in some of the But we got into this particular situa- cally because in 1993–1994, during the gaps in what really is probably the tion not by accident, I believe, because Clinton administration and a Demo- most serious problem facing us as a Na- in the 1980s under the leadership of crat-controlled Congress, they made a tion, the most difficult social and judi- President Ronald Reagan and Presi- very direct decision to cut these cost- cial problem that we face, and one that dent George Bush, we began a decline. effective eradication crop alternative I have a small responsibility in trying At that point we had a cocaine epi- and drug programs in source countries. to develop a policy for in the Congress, demic and drug epidemic in the early Actually, this chart shows the 1995– particularly in the House of Represent- 1980s that we were beginning to get 96, the period the new majority and Re- atives, as chair of the Subcommittee under control. If we look at the statis- publicans took over, that we have on Criminal Justice, Drug Policy, and tics, we see clear evidence that, in fact, begun to restore funds. If we use 1992 Human Resources. drug use and prevalence of drugs, par- dollars in 1999, we are just about back I think that anyone who just takes a ticularly among our young people was to the 1995 levels. few minutes to look at social problems on the decline. That there was, in fact, The same thing happened in interdic- facing us has to be struck by the sheer a war on drugs in the 1980s and the be- tion. Let me put this chart up if I may. magnitude of the illegal narcotics ginning of 1989. Again, we are going to stop and think problem. Since President Clinton took Mr. Speaker, that multifaceted and about this. It is a common sense ap- office in 1993, and he did not mention comprehensive program was, in fact, proach. If they cannot produce drugs these figures, nearly 100,000 Americans dismantled beginning in 1993 with the and we stop them at their source, we have lost their lives as a direct result Clinton administration taking office. have stopped some of the supply. Now, of illegal narcotics, overdoses and ac- Very purposefully, the President began the next most cost-effective way to tivities related to illegal narcotics and dismantling that effort. Some of that stop illegal narcotics and a huge supply drug abuse. That is only the tip of the dismantling is detailed in this report from reaching our streets is simple. It iceberg because there are many, many that I requested. And, again, not my is to stop it as it is leaving the source tens of thousands of other deaths re- statistics, but actual statistics com- where it is produced. That can be very lated to illegal narcotics that are not piled by and information compiled cost-effectively done, as the Reagan even reported in statistics and in the independently by the General Account- administration demonstrated and the numbers that I have cited. ing Office we will go over a bit tonight. Bush administration, with interdiction Just in the most recent reporting pe- But the first thing that was done was programs. riod, over 15,900 Americans lost their the dismantling of the drug czar’s of- We brought the military into the lives as a result of narcotics in our fice which was slashed from 120 staffers process in the 1980’s, not for our mili- land. The problem is not diminishing, to 20 staffers. I ask, how can we con- tary to be law enforcement officers, the problem is in fact growing. That is duct a war or a concentrated effort not for them to conduct combat confirmed by just about every statis- against narcotics, against the scourge against illegal narcotics traffickers, tical report our subcommittee has re- of drugs by slashing the command but to provide surveillance intelligence ceived, and also by the sheer facts that structure? I say that is impossible, but information. we see in picking up our daily news- that was the very first step in this Now, first of all we have to realize papers, whether it is in our Nation’s process. that our military is conducting this Capital, Washington, D.C., or through- The next step, and I brought these around the world all the time. I must out this land. charts up before, but let me just bring admit some of our resources have been This problem we did not hear the them out again, was dramatic declines strained to the limit because this President talk about has resulted in starting in 1992–93, here we see dra- President has deployed more forces in

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.178 pfrm02 PsN: H01PT1 H160 CONGRESSIONAL RECORD — HOUSE February 1, 2000 various deployments throughout the comes from the source, which is inter- will be glad to detail them for the world than probably any President in diction. This method of the Clinton ad- House of Representatives, he actually the history of the Nation. But in any ministration has been pretty much just began the increase of heroin and co- event, we have in this arena for the treating the wounded in the battle, and caine production in Colombia. most part military, and we have re- that is those who were afflicted by ille- The first step was in 1994. And having sources in this area. So what they have gal narcotics. served in the House of Representatives been supplying is intelligence, surveil- In fact, we have almost doubled since during the 1993–1994 period, let me de- lance, and information. That is the 1993 the amount of money for treat- tail what took place. I served on the interdiction program heart and soul. ment. Now, the President also came up committee that oversaw drug policy. I Now, again, using the military in with his 100,000 cops on the street and was in the minority at that time. I per- this fashion, again, 1993, we see a dra- put the Congress in a bind to fund sonally requested and had 130-plus matic reduction. In fact, a 50 percent those. We have funded those. I submit Members, Republicans and Democrats, slash. This GAO report which I will tonight that that is probably one of the request a hearing on this change that cite tonight details even more what most costly approaches to fighting this the Clinton administration had made, took place. It is pretty startling what war on drugs. And we can continue to on the Clinton’s so-called drug policy, took place about taking the military put cops on the street, it can be effec- the changes that were made. Because I and our assets out of this effort. tive. Tough enforcement can be very saw then the beginning of a disaster. Again, if we look back here in the effective. But it is a costly way of That request was ignored. One hearing Republican administration actually, doing it, as opposed to putting a few was held. One hearing specifically on the Republican control of the House of dollars at the source country to stop the drug policy. There were cursory Representatives and the other body in drugs before they ever get to the hearings on the budget items. 1995–96, we began to restore the funds. street. In contrast, when the Republicans And, again, because of 1992 dollars The difficulty is once they reach our took control of the House of Represent- versus 1999 dollars, we are just about borders, illegal narcotics, it is almost atives, we held dozens and dozens of back at those levels. But, in fact, it has impossible for all the law enforcement hearings, both under Mr. Zeliff, who been very difficult to put together agencies at every level, whether it is chaired the subcommittee with drug those resources. Again, in interdiction local, State or national, to get all the policy responsibility, and then under programs also with a Department of drugs; particularly in the huge quan- the gentleman from Illinois (Mr. Defense, which this report outlines tities that are coming across our bor- HASTERT), who is now the Speaker of that has not really been willing to co- ders, again, because the drugs have not the House and former chairman who operate, and an administration, start- been stopped at their source. was involved in restarting most of the ing with the Commander in Chief who So there has been, in my estimation, anti-narcotics effort in the Congress, has not wanted to conduct a real cost- a major flaw in the whole strategy of and particularly in the House of Rep- effective and targeted war on illegal the Clinton administration and really a resentatives as chair of that sub- narcotics. misappropriation of resources in this committee. So, again, stopping drugs at the effort. The results are pretty dramatic. But the first step in this disaster and source is most cost-effective, and then In fact, let me leave this interdiction how we were going to end up, the tax- the second most cost-effective thing is chart up here. Let me show here the payers of this country, with a $15.5, $1.6 getting the drugs as they are coming long-term trend and lifetime preva- billion next week, is that on May 1, from the source. What is interesting lence of heroin use. As we see in the 1994, the sharing of drug trafficking in- too is that practice, and what I am Reagan and Bush administration, there telligence and information with the talking about in interdiction really is some activity here and a decline, ac- governments of Peru and Colombia does not require forces of the United tivity, and a decline. With the institu- ceased. This was a, and I am sorry to States to go after these. These would tion of the Clinton-Gore policy in 1992– put this into the RECORD, but a be primarily giving intelligence and 93 here, this is where it would take ef- cockamamie plan and decision by the working in a cooperative international fect, we see a dramatic rise in the prev- administration and out of the Depart- effort with countries like Bolivia, alence of heroin use. ment of Defense under the Clinton ad- Peru, and Colombia where the heroin It is amazing how this chart, if we ministration, that we would cease and cocaine is produced. We then allow took it and had an overlay of the pre- sharing intelligence information with them, and they have, except where the vious two charts, would show, again, Colombia. administration has blocked the infor- the failure of the current drug policy of Actually, this raised the ire on both mation and the intelligence, gone after this administration. sides of the aisle. And I remember meeting the President at the Hemi- the drug traffickers, in some cases shot b them down or had the information and 2045 spheric Conference in Miami. He was the surveillance fed to them so that That is probably why President Clin- inundated by protest from Members on they could cost effectively go after ton did not want to talk about it the both sides of the aisle, and in a closed- drugs as they came from the source but other night when he came before the door meeting he said he did not know before they reached our border. Congress. We see here a slight decline, that this had taken place. In fact, the Now, this administration has picked and that is with the advent of a Repub- administration fought us in trying to the least cost-effective way of going lican-controlled policy and the begin- restart this effort, claiming they need- after the war on drugs in my opinion. ning of our trying to get resources ed additional legislative authority. In 1992 or 1993, they began an effort to, back in place. And I might say that the House of in fact, put most of our war on drugs in One of the problems we have here is Representatives and the Congress did the treatment category. Most of the the Clinton administration blocking act. And a GAO report in May of 1994 expenditures from the Congress were assistance to Colombia. It was their said the decision of the administration dedicated or redirected towards treat- policy that got us into a situation to not share this information with Co- ment. Now, treatment by itself is very where the President next week is going lombia made life easier for drug traf- necessary, but alone it will not solve to make a request to the Congress for fickers. But Congress did step in, the problem. And it is very costly and $1.5 or $1.6 billion. Now, he sort of passed a law that would require the ad- sometimes fairly ineffective, particu- mumbled over the situation in Colom- ministration to provide intelligence larly public sponsored treatment pro- bia, but Colombia, in his term of office, and information. And even then, after grams which have a 60 to 70 percent has become the major producer of co- that took place and the damage that failure rate. caine and heroin. was done from that, the administration I compare this a little bit, if one is Again, in 1992–1993, there was almost continued to block aid and assistance going to conduct a war, they target the no coca production in Colombia. Al- to Colombia. source, which was not done by the Clin- most no heroin production. Almost zip Incidentally, in January of 1995, ton administration. Then one tries to in Colombia. And what the President under heavy pressure from both Demo- get at the target as the destruction did through very direct actions, and I crats and Republicans, the intelligence

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.180 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H161 sharing was resumed. The problem was tration’s dismantling of anything that want to take them right out of the re- again in actions by the administration, could be termed even close to a war on port. this administration, to cut off assist- drugs. The report states, in fact on According to General Wilhelm, and ance to Colombia so it could effectively page 4, the number of flight hours dedi- General Wilhelm is the general in bring a halt to narcotics trafficking cated to detecting and monitoring il- charge of SOUTHCOM, SOUTHCOM is and narcoterrorism in its country. licit drug shipments declined from ap- the Southern Command, which is in In 1995 to 1996, I remember writing a proximately 46,000 to 15,000, or a 68 per- charge really of this surveillance oper- request to the administration and to cent decline from 1992 through 1999. ation, the detection and interdiction others to try to get aid to that coun- Likewise, the GAO report says that the effort. According to General Wilhelm, try. In 1997, critically needed law en- number of shipped days declined from the Southern Command commander, forcement assistance, such as heli- about 4,800 to 1,800, or 62 percent over the Command can only detect and copters, to replace those shot down; de- the same period. monitor 15 percent of key routes in the fensive ammunition and ballistic pro- Again, this report details a disman- overall drug trafficking area about 15 tective equipment was delayed by the tling of any type of an effort that percent of the time. And this is in the Department of Defense. might even be termed close to a war on report, and I met with General Wilhelm I also brought, and was able to find, drugs. The decline in DOD assets that during the recess and he confirmed this a letter dated August 25, 1994, asking DOD uses to carry out its counter-drug statement. the then drug czar to respond to Mr. responsibility is, according to this re- What is even of greater concern and Clinger about information, intelligence port, due to a lower priority assigned should be a concern to every Member of sharing, with the governments of Co- to the counter-drug mission and, sec- Congress and every American citizen is lombia. And this was in response to not only have they closed down any protests from Congress about the pol- ondly, they say, to reduction in defense semblance of the war on drugs and icy that the administration had adopt- budgets and force levels. cost-effectively dismantled interdic- ed dealing with providing that needed Now, I might say that most of the re- tion and we are down to this capa- intelligence information to Colombia. I ductions, and we looked at the inter- bility, but even as this report was writ- just thought it was interesting that we diction, most of the reductions to the ten, we had the further damage done to have good documentation of showing war on drug effort were instituted in this whole effort by the United States exactly how this administration and 1993–1994 by a Democrat-controlled last May being dislodged from Howard various agencies thwarted every at- Congress. Only in the last several years tempt of the Congress and request of have we been able to up the spending in Air Force base in Panama. Almost all of the operations for for- the Congress to get needed critical the defense category. And even some of ward surveillance and forward oper- equipment to Colombia. the money that we have appropriated Unfortunately, the policy of decerti- for anti-narcotics efforts has been di- ating locations in the war on drugs is fying Colombia as not participating in verted, according to this report. And located at Howard Air Force Base in the war on drugs was inappropriately even some of the assets have been di- Panama. All flights ceased last May 1. handled by the administration. Having verted to other deployments, according So we have had an incredible gap left dealt in the development of that law in to this report, such as Kosovo, Haiti, wide. the 1980s, there is a provision in decer- and other activities directed by the That is why we continue to see in- tification law to allow the President, President. credible amounts of heroin. And this is when they consider whether a country The GAO report also is very critical not the heroin of the 1980s that was 10 should be eligible for aid and assist- of DOD’s really basic activities or com- percent pure. This is the heroin of the ance, to grant a national interest waiv- mitments in the war on drugs. It says 1990s that is now 70 and 80 percent pure. er so that assistance, such as counter- that DOD has failed to develop meas- That is why we continue to see the narcotics aid, can get to that country. ures to assess the effectiveness of its death and destruction that we see. I come from an area that has had The administration failed to imple- counter-drug activities and rec- heroin overdose deaths, particularly ment the waiver and kept any type of ommends that such a system of meas- among its young people, that now ex- assistance in the war on drugs from uring the effectiveness of its counter- ceed the homicides in Central Florida. reaching Colombia during a critical pe- drug activities be instituted. And I represent one of the most pros- riod. DOD officials noted that the level of So first we take away information counter-drug assets will continue to be perous, well-educated districts in the sharing up to 1995, and then from 1995 restrained by DOD’s requirement to Nation. So we have seen an incredible into 1998 we decertify Colombia and not satisfy other priorities. So basically, number of deaths. make it eligible in a manner that could drugs have not become a priority. I met with local law enforcement of- be done with a waiver to get aid and as- It is also interesting to see the re- ficials and particularly the High Inten- sistance so they could find sults of the change in policy by the ad- sity Drug Traffic Area Group that I narcoterrorism and drug production ministration. And again I just want to helped establish to deal with this prob- and trafficking in that country. The re- show what has taken place since 1980 lem of, again, drugs coming into our sults are absolutely incredible. with Ronald Reagan and the long-term region in Central Florida. I met with As I said, now we have 65 to 75 per- trend in lifetime prevalence of drug them during the recess, and I was cent of the heroin that enters the use. In the 1980s we see the beginning stunned to hear their commentary that United States coming from Colombia. of a decline down through the end of the deaths have basically leveled out. We have a majority of the cocaine pro- President Reagan’s term, and on down We have still a record number of deaths duced in Colombia today. And again, to a bottom when President Bush left but they have leveled out some. But some 6 or 7 years ago Colombia was not office. The policy adopted by this ad- the overdoses continue to explode. even in the production business of ei- ministration, back again in 1993, with The only reason that the deaths are ther of these hard narcotics. the election of President Clinton and not greater in my area and other areas Tonight I wanted to focus on a report Vice President Gore, shows a steep re- is that medical emergency treatment that I requested, and requested it last turn to the prevalence of drug use. And has become better in helping save year with the Senate caucus chairman this is lifetime drug use. young lives and people who suffer from on International Narcotics Control, the If we took this chart and just showed drug overdose. That is sort of a sad Honorable CHARLES GRASSLEY. This re- our youth, the statistics are even more commentary that we have even more port, prepared by the GAO, details ex- dramatic. overdoses, and the only way that we are really making any slight progress actly what we suspected about this ad- b ministration’s policy. The GAO report 2100 is through additional and swifter and is entitled ‘‘Assets DOD Contributes to Now, this report that again I bring better medical treatment for overdose Reducing the Illegal Drug Supply Have before the House tonight, the GAO re- folks. Declined.’’ port on the decline of our military as- But if my colleagues want to know The report details some of that de- sets in the war on drugs, has some star- where the illegal narcotics are coming cline, and again the Clinton adminis- tling information and comments. I from, this basically says that the war

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.181 pfrm02 PsN: H01PT1 H162 CONGRESSIONAL RECORD — HOUSE February 1, 2000 on drugs was closed down in 1993 by the Customs. That is the only reason To date, this administration has con- Clinton administration. It does not things are not even worse today even tinued to block or bungle getting aid to paint a very pretty picture and I know with the commitment that the new Colombia. The record is just unbeliev- that people are not happy to see this majority has made since 1995 in the able. by the commander of our Southern war on drugs. Now, my colleagues may have heard Command who is in charge of that ef- And again this is the result of what that Colombia is now the third largest fort, but that basically is what has we see today. And these are the latest recipient of United States foreign as- taken place. statistics on heroin. This is provided to sistance. Well, that would be all well The report is even more disturbing in me by DEA, our Drug Enforcement and great and factual if they got that that in this chart we conducted a hear- Agency, and they can tell us because of money. But, in fact, the record of this ing the morning of the President’s scientific analysis, just like DNA anal- administration in blocking and thwart- State of the Union address on January ysis, where heroin is coming from. We ing and bungling getting aid to Colom- 27 and had DOD, the Coast Guard, and know South America, and this is all bia is just unbelievable. U.S. Customs come in, whose activities Colombia, 65 to 70 percent is coming Our hearing helped detail some of are also detailed in this record, but we from there. that. Our closed-door meetings with use this chart and it is taken right What is scary here is the chart I got the Department of Defense, Depart- from the report again and it shows that from 1997 shows Mexico, which again in ment of State and other agencies indi- in the blue here it shows the requested the early 1990s was a very very small cated a horrible job and failure in get- assets of the Department of Defense by producer of heroin, is now a 17-percent ting assistance there. SOUTHCOM. producer. And that is also I think di- Let us take a minute and look at So our commander who is in charge rectly as a result of this administra- what has happened with the $300 mil- tion’s policy of give Mexico every pos- of the interdiction, the important part lion that Congress appropriated in the sible trade benefit, give Mexico every of keeping drugs from our shores, re- past fiscal year. Where is that money? possible financial benefit, give Mexico quested, and these are his requests in Less than $100 million, a third of that, access to our financial and inter- blue and part of the graph here in red is actually in Colombia today. Most of national assistance programs, and get is what asset he received from DOD. $100 million, or one-third of that, is in So we see the requests here again in nothing in return. And what we have gotten in return is the form of three Blackhawk heli- blue and the red is actually what he copters. got. This is even more disheartening an increase in heroin produced in that country. And then southeast Asia pro- It is absolutely unbelievable. It is because Congress has put more money duces about 14 percent. But the bulk of mind boggling. Every Member of Con- into defense and defense in this admin- the heroin that we have seen that is gress should be contacting the Depart- istration are providing fewer and fewer flooding into our streets and our com- ment of State tomorrow and asking assets in the war on drugs. why those helicopters that we have Now, I take great exception to any- munities, and we have to remember that this red portion would not even given to and asked for for 3 or 4 years one who tells me that the war on drugs have appeared in the early 1990s has and finally gotten down to Colombia is a failure. Because the war on drugs, been as a direct result of not targeting, late last fall are still not flying be- and I can bring back the chart of the going after, the source of illegal nar- cause they do not have protective Clinton administration and the Bush- cotics and again in a very cost effec- armor, they do not have ammunition Reagan administration, here, my col- tive way. to even conduct combat or participate leagues, is the failure. It is very evi- Now, you may say can that be effec- in the war on drugs. dent. This details exactly what took tive. Let me say, since 1995 when we place. That is the failure. And how in took over, I went with Mr. Zeliff and b 2115 heaven’s name can Congress appro- then also with the gentleman from Illi- priate additional money to DOD, and What an incredible bungling. We did nois (Mr. HASTERT) who chaired this not hear anything about that from the we have appropriated some of the first subcommittee into Peru and Bolivia. increases since again the fall of com- President when he spoke at the podium We met with President Fujimori, we last week. We will not hear about that munism and the Berlin Wall to defense. met with Hugo Banzer Suarez and next week when the President asks for Now, I know a lot of that has been di- other leaders of those countries and $1.5 or $1.6 billion of hard-earned tax- verted to Kosovo, Bosnia, Haiti, and asked what will it take to reduce co- payer money. We will not also hear the Somalia, but even in this scenario it is caine production. And we got small incredible story, I do not have this to- just unbelievable that very few assets amounts of money, it is almost insig- tally documented but I am told by staff and the policy of this administration nificant in the amounts of money that that during the holidays when every- has diverted assets again from this ef- we are spending and the impact on our one was concerned about the terrorist fort. economy, but somewhere between $20 threat and everything, that the ammu- Now they are coming forward with an million or $40 million out of $178 billion nition that was to be delivered years emergency appropriation for Colombia. to those countries. The situation in Colombia, as I said, In 2 years of work and 2 years of ago and requested and appropriated was really generated by direct policy planning, we have been able to reduce partly through the $300 million and decisions of this administration, and the cocaine production in Bolivia by 53 even promised before that as surplus we are now going to pay for them in a percent and by almost 60 percent in material for the war on drugs to Co- very big way with a very big tab. But Peru, which is absolutely remarkable. lombia, the ammunition was delivered this shows again the lack of putting So very little money has helped curtail to the back door loading dock of the any real cost-effective method of fight- that. State Department. This in fact is not ing illegal narcotics. Now, there is one problem that we only the administration that closed This chart, and I will hold it up for have seen, and in fact that is produc- down the war on drugs, this is the ad- just a minute, shows the decline in the tion of cocaine, and this is from one of ministration that bungled the war on assets that DOD contributes to reduc- the newspapers just a few days ago, drugs. I do not mind putting whatever ing illegal drugs. And in this chart, January 19 in an Associated Press, ‘‘Co- resource we can cost effectively into this center red here shows DOD de- caine Production Surges in Colombia.’’ these countries to combat illegal nar- cline. A little bit of the slack has been Why is it surging in Colombia? Be- cotics. But what an incredible fiasco to taken up since 1995 by the Coast Guard, cause the resources that Colombia has find out that the helicopters that we which is in this line, I believe it is requested still have not gotten to Co- paid for still are not conducting a war green, you are dealing with a color lombia, the resources that this Con- on drugs, to find out they are not blind Member of Congress; and this gress appropriated to Colombia. We ap- armed, to find out they are idled, to blue line here is the total assets con- propriated $300 million to Colombia in find out that the ammunition we have tributed. the last fiscal year, which ended in De- requested time and time again cannot So some of the slack has been taken cember. We are into October in a new even be delivered to the country in an up by the Coast Guard and also by U.S. fiscal year. orderly and timely fashion.

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.183 pfrm02 PsN: H01PT1 February 1, 2000 CONGRESSIONAL RECORD — HOUSE H163 And what do we see? Cocaine produc- and amphetamines is now in our rural LEAVE OF ABSENCE tion surges in Colombia. Now, I wonder areas. We did not hear the President By unanimous consent, leave of ab- why. talk about that. Nor did we hear him sence was granted to: This report also details an incredible talk about this failed policy. And now Ms. JACKSON-LEE of Texas (at the re- story about a request from the United we know why, because the legacy of quest of Mr. GEPHARDT) for today after States Ambassador to Peru. Now, that this administration to address the 12 p.m. on account of family matters. would be a Clinton appointee. The U.S. most serious social problem we face in Mr. LARSON (at the request of Mr. Ambassador to Peru on page 17 and 18 our Nation, that is again destroying GEPHARDT) for January 31 on account of this report warned in an October 1998 countless lives, that again is impacting of airport delays. letter to the State Department that our youth in every part of our country, f the reduction in air support could have metropolitan, suburban and now rural, a serious impact on the price of coca we see why we have gotten ourselves SPECIAL ORDERS GRANTED and coca production in Peru. Here we into this situation by again failed poli- By unanimous consent, permission to put in place a very cost-effective and cies. address the House, following the legis- effective program and we have gotten a It is nice to talk about who failed, lative program and any special orders 60 percent reduction in cocaine and and I do not want to be partisan in heretofore entered, was granted to: coca production in Peru. The Ambas- that, but I think people must be held (The following Member (at the re- sador asked for assistance and warned accountable. I should also report that quest of Mr. MCNULTY) to revise and that the reduction that is detailed the Republican majority has begun to extend his remarks and include extra- here, the reduction that this adminis- put this effort back together. We have neous material:) tration has directed basically taking us begun to restore the cost-effective pro- Mr. KIND, for 5 minutes, today. out of this effort is going to result in grams, the one I described in stopping (The following Members (at the re- additional coca production. I was cocaine production in Peru and Bolivia. quest of Mr. STEARNS) to revise and ex- stunned to learn by information pro- We would like to restart it in Colom- tend their remarks and include extra- vided to me at the Southcom briefing bia, but we need an administration neous material:) in Miami by our leaders down there that is capable of at least delivering Mr. JONES of North Carolina, for 5 that for the first time they are now the resources to our allies in this effort minutes, today and February 2. seeing an increase in production of co- and restarting a real war on drugs Mr. SWEENEY, for 5 minutes, Feb- caine and coca in Peru again. It is in- where the drugs are produced, where ruary 8. credible that we cannot get minimal the drugs are coming from. Addition- Mr. METCALF, for 5 minutes, today. resources and cost-effective resources ally, we have brought the Coast Guard Mr. SMITH of Michigan, for 5 minutes, to the source countries to stop illegal back and United States customs and today and February 2. provided additional funding and re- narcotics production and then get the Mr. SCARBOROUGH, for 5 minutes, drugs before they get to our shores, sources. We are back up to the 1992–1993 today. funding levels for that. interdict them and at least provide the Mr. KINGSTON, at his own request, for Now, we know that just restarting intelligence and surveillance informa- 5 minutes, today. interdiction and source country pro- tion to countries that have the will f like President Fujimora who instituted grams is not the answer. I had proposed a shootdown policy. The drug dealers legislation that would require our ADJOURNMENT go up and they shot them down. Some media and particularly those broadcast Mr. MICA. Mr. Speaker, I move that people did not want us to provide that media, because I know television, radio the House do now adjourn. information to the government of impact our lives and particularly our The motion was agreed to; accord- young people, influence their opinion Peru. Some people said that was cruel ingly (at 9 o’clock and 25 minutes more than just about anything today. and unusual punishment on those drug p.m.), the House adjourned until to- But I had proposed that they devote dealers. I would like to take those who morrow, Wednesday, February 2, 2000, more of their time. In fact, we mandate believe that and let them talk to the at 10 a.m. that that time, public airtime be given mothers and fathers in my district that to drug messages and not just at odd f have lost a young person to drug over- hours but throughout prime time. The dose. I would like to take them to the EXECUTIVE COMMUNICATIONS, President, of course, has had a dif- ETC. 15,900 Americans who just in 1 year to ferent approach, which was spending, Under clause 8 of rule XII, executive their families, the survivors who have and he proposed expenditure and pur- communications were taken from the lost a loved one and see what they chase of those. The compromise, and, Speaker’s table and referred as follows: think about this failed policy. of course, we must deal in a com- I think it is also important to see promise situation to get anything done 5923. A letter from the Director, Office of what this policy has wrought on this here because we have a great diversity Legislative Affairs, Federal Deposit Insur- Nation of late. Just during the recess ance Corporation, transmitting the Corpora- and a very narrow majority, the com- tion’s final rule—Technical Amendments to in the last few days, there was a report, promise was a plan that combined my and actually this is from last week, FDIC Regulations Relating to Rules of Prac- plan with the President’s plan, and we tice and Procedure and Deposit Insurance this is January 27, ironically the same have $1 billion appropriated for 3 years Coverage (RIN: 3064–AC30) received Decem- day the President stood a few feet from for drug education, we are 1 year into ber 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); where I am now standing and talked to it, and the other part of the com- to the Committee on Banking and Financial us about the State of the Union. He did promise was to have at least a match Services. not talk about the State of the Union in donated time. We are 1 year into it. 5924. A letter from the Director, Office of in this headline: Drug Use Explodes in I am not real pleased with the begin- Thrift Supervision, transmitting the annual report on the national flood insurance pro- Rural America. Not only have our ning. I thought it was not a good start. urban centers been decimated by ille- gram, pursuant to Public Law 103–325, sec- Hopefully we will have even more effec- tion 529(a) (108 Stat. 2266); to the Committee gal narcotics, not only has now our tive drug and antinarcotics ads, edu- on Banking and Financial Services. suburban area, the other parts of the cation ads for our young people and 5925. A letter from the Secretary of Edu- country, and I represent a suburban adults, because it is important that cation, transmitting the annual report of the area that had really not been victim education along with eradication, National Advisory Committee on Institu- here, but now, thanks to this great pol- interdiction, enforcement and also tional Quality and Integrity for fiscal year icy and this great failure, we have treatment be part of a multifaceted ap- 1999, pursuant to 20 U.S.C. 1145(e); to the managed to make our rural areas a proach. Committee on Education and the Workforce. killing fields. The statistics are unbe- 5926. A letter from the Administrator, En- I look forward to working with my vironmental Protection Agency, transmit- lievable. The percent of eighth graders colleagues and bringing that multi- ting a report on the quality of ground water who said they used a drug at least faceted approach. I am pleased to re- in the nation and the effectiveness of state once, the highest percentage of this use port again on this issue to the Congress ground water protection programs; to the in marijuana, cocaine, crack, heroin and the American people. Committee on Commerce.

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.186 pfrm02 PsN: H01PT1 H164 CONGRESSIONAL RECORD — HOUSE February 1, 2000 5927. A letter from the Director, Regula- the Committee on Transportation and Infra- 5949. A letter from the Director, Statutory tions Policy and Management Staff, Food structure. Import Programs Staff, Department of Com- and Drug Administration, transmitting the 5939. A letter from the Program Analyst, merce, transmitting the Department’s final Administration’s final rule—Irradiation in FAA, Department of Transportation, trans- rule—Extended Production Incentive Bene- the Production, Processing, and Handling of mitting the Department’s final rule—Modi- fits to Jewelry Manufacturers in the U.S. In- Food [Docket No. 94F–0455] received Decem- fication of Class D Airspace and establish- sular Possessions [Docket No. 990813222–9309– ber 21, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); ment of Class E Airspace; Dayton, Wright- 02] (RIN: 0625–AA55) received December 7, to the Committee on Commerce. Patterson AFB, OH [Airspace Docket No. 99– 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5928. A letter from the Director, Regula- AGL–50] received December 10, 1999, pursuant Committee on Ways and Means. tions Policy and Management Staff, Food to 5 U.S.C. 801(a)(1)(A); to the Committee on f and Drug Administration, transmitting the Transportation and Infrastructure. Administration’s final rule—Medical De- 5940. A letter from the Program Analyst, REPORTS OF COMMITTEES ON vices; Revocation of Cardiac Pacemaker Reg- FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS istry [Docket No. 85N–0322] received Decem- mitting the Department’s final rule—Revi- sion of Class E Airspace; Alice, TX [Airspace Under clause 2 of rule XIII, reports of ber 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); committees were delivered to the Clerk to the Committee on Commerce. Docket No. 99–ASW–23] received December 5929. A letter from the Inspector General, 10, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to for printing and reference to the proper Corporation for National Service, transmit- the Committee on Transportation and Infra- calender, as follows: ting Results of audits conducted by the Of- structure. Ms. PRYCE of Ohio: Committee on Rules. fice of Inspector General and the Corpora- 5941. A letter from the Program Analyst, House Resolution 412. Resolution providing tion’s Report of Final Action, pursuant to 5 FAA, Department of Transportation, trans- for consideration of the bill (H.R. 2005) to es- app; to the Committee on Government Re- mitting the Department’s final rule—Re- tablish a statute of repose for durable goods form. moval of Class E Airspace; Fulton, MS [Air- used in a trade or business (Rept. 106–491). 5930. A letter from the Office of the Chair- space Docket No. 99–ASO–22] received De- Referred to the House Calendar. man, Panama Canal Commission, transmit- cember 10, 1999, pursuant to 5 U.S.C. f ting the semiannual report for the period 801(a)(1)(A); to the Committee on Transpor- April 1, 1999 through September 30, 1999, pur- tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS 5942. A letter from the Program Analyst, suant to 5 U.S.C. app. (Insp. Gen. Act) sec- FAA, Department of Transportation, trans- Under clause 2 of rule XII, public tion 8G(h)(2); to the Committee on Govern- mitting the Department’s final rule—Revi- bills and resolutions were introduced ment Reform. and severally referred, as follows: 5931. A letter from the Secretary of Edu- sion of Class E Airspace; Mineral Wells, TX cation, transmitting the semiannual report [Airspace Docket No. 99–ASW–20] received By Mr. BILBRAY (for himself and Mr. December 10, 1999, pursuant to 5 U.S.C. of the activities of the Office of Inspector LIPINSKI): 801(a)(1)(A); to the Committee on Transpor- General for the period April 1, 1999 through H.R. 3561. A bill to require disclosure under tation and Infrastructure. September 30, 1999, pursuant to 5 app.; to the the Freedom of Information Act regarding 5943. A letter from the Program Analyst, certain persons and records of the Japanese Committee on Government Reform. FAA, Department of Transportation, trans- 5932. A letter from the Assistant Attorney Imperial Army in a manner that does not mitting the Department’s final rule—Revi- General, Department of Justice, transmit- impair any investigation or prosecution con- sion of Class E Airspace; Georgetown, TX ting the report entitled ‘‘Entry into the ducted by the Department of Justice or cer- [Airspace Docket No. 99–ASW–18] received United States of Salvador Generals Jose tain intelligence matters, and for other pur- December 10, 1999, pursuant to 5 U.S.C. poses; to the Committee on Government Re- Guillermo Garcia Merino and Carlos Eugenio 801(a)(1)(A); to the Committee on Transpor- Vides Casanova’’; to the Committee on the form, and in addition to the Committee on tation and Infrastructure. Intelligence (Permanent Select), for a period Judiciary. 5944. A letter from the Program Analyst, 5933. A letter from the the Assistant Sec- to be subsequently determined by the Speak- FAA, Department of Transportation, trans- er, in each case for consideration of such pro- retary of the Army, Civil Works, the Depart- mitting the Department’s final rule—Revi- ment of the Army, transmitting notification visions as fall within the jurisdiction of the sion of Class E Airspace; Corpus Christi, TX committee concerned. of plans to implement the project through [Airspace Docket No. 99–ASW–22] received the normal budget process; (H. Doc. No. 106– By Mr. MURTHA: December 10, 1999, pursuant to 5 U.S.C. H.R. 3562. A bill to amend title 37, United 185); to the Committee on Transportation 801(a)(1)(A); to the Committee on Transpor- States Code, to authorize the Secretary of and Infrastructure and ordered to be printed. tation and Infrastructure. Defense to set the rates for the basic allow- 5934. A letter from the the Assistant Sec- 5945. A letter from the Program Analyst, ance for housing for members of the uni- retary of the Army, Civil Works, the Depart- FAA, Department of Transportation, trans- formed services based on the costs to mem- ment of the Army, transmitting notification mitting the Department’s final rule—Revi- bers for adequate housing and to remove the of plans to implement the project through sion of Class E Airspace; Falfurrias, TX [Air- limitation on the total amount of all such the normal budget process; (H. Doc. No. 106– space Docket No. 99–ASW–21] received De- allowances that may be paid in a fiscal year; 186); to the Committee on Transportation cember 10, 1999, pursuant to 5 U.S.C. to the Committee on Armed Services. and Infrastructure and ordered to be printed. 801(a)(1)(A); to the Committee on Transpor- By Mr. BLAGOJEVICH: 5935. A letter from the the Assistant Sec- tation and Infrastructure. H.R. 3563. A bill to prevent the theft of fire- retary of the Army, Civil Works, the Depart- 5946. A letter from the Acting Chief, Office arms from commercial carriers; to the Com- ment of the Army, transmitting the author- of Regulations and Administrative Law, mittee on the Judiciary. ization and plans to implement the project USCG, Department of Transportation, trans- By Mr. ISAKSON: through the normal budget process; (H. Doc. mitting the Department’s final rule—Stand- H.R. 3564. A bill to amend chapter 11 of No. 106–188); to the Committee on Transpor- ard Measurement System Exemption from title 31, United States Code, to include pro- tation and Infrastructure and ordered to be Gross Tonnage [USCG–1999–5118] (RIN: 2115– jected 3 percent cuts in the budget of each printed. AF76) received December 10, 1999, pursuant department or agency of the Government 5936. A letter from the the Assistant Sec- to 5 U.S.C. 801(a)(1)(A); to the Committee on within the President’s annual budget sub- retary of the Army, Civil Works, the Depart- Transportation and Infrastructure. mission; to the Committee on the Budget. ment of Army, transmitting notification of 5947. A letter from the Acting Chief, Office By Mr. NETHERCUTT: plans to implement the project through the of Regulations and Administrative Law, H.R. 3565. A bill to amend title 10, United normal budget process; (H. Doc. No. 106–184); USCG, Department of Transportation, trans- States Code, to provide that covered bene- to the Committee on Transportation and In- mitting the Department’s final rule—SPE- ficiaries under chapter 55 of such title shall frastructure and ordered to be printed. CIAL LOCAL REGULATIONS: BellSouth not be required to pay a copayment for 5937. A letter from the Attorney-Advisor, Winterfest Boat Parade, Broward County, health care services received under Department of Transportation, transmitting Fort Lauderdale, Florida [CGD07–99–082] TRICARE Prime; to the Committee on the Department’s final rule—Domestic Bag- (RIN: 2115–AE46) received December 10, 1999, Armed Services. gage Liability [Docket No. OST–1996–1340, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. SHUSTER (for himself, Mr. formerly Docket 41690] (RIN: 2105–AC07) re- mittee on Transportation and Infrastruc- OBERSTAR, Mr. BOEHLERT, and Mr. ceived December 16, 1999, pursuant to 5 ture. BORSKI): U.S.C. 801(a)(1)(A); to the Committee on 5948. A letter from the The American Le- H.R. 3566. A bill to provide off-budget Transportation and Infrastructure. gion, transmitting the proceedings of the treatment for the Inland Waterways Trust 5938. A letter from the Attorney, Research 81th National Convention of the American Fund and the Harbor Maintenance Trust and Special Programs Administration, De- Legion, held in Anaheim, California from Fund; to the Committee on Transportation partment of Transportation, transmitting September 7, 8 and 9, 1999 as well as a report and Infrastructure, and in addition to the the Department’s final rule—Pipeline Safe- on the Organization’s activities for the year Committee on the Budget, for a period to be ty: Gas and Hazardous Liquid Pipeline Re- preceding the Convention, pursuant to 36 subsequently determined by the Speaker, in pair [Docket No. RSPA–98–4733; Amdt. 192–88; U.S.C. 49; (H. Doc. No. 106–187); to the Com- each case for consideration of such provi- 195–68] (RIN: 2137–AD25) received December mittee on Veterans’ Affairs and ordered to be sions as fall within the jurisdiction of the 16, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to printed. committee concerned.

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By Mr. EWING (for himself, Mr. STUMP, By Mr. KUYKENDALL: H.R. 2631: Mr. CONYERS. Mr. YOUNG of Florida, Mr. SPENCE, H. Con. Res. 246. Concurrent resolution ex- H.R. 2645: Mr. DAVIS of Illinois. Ms. BALDWIN, Mr. ROGAN, Mr. pressing the sense of the Congress regarding H.R. 2655: Mr. HEFLEY. LATOURETTE, Mr. SMITH of New Jer- elimination of the portion of the national H.R. 2680: Mr. OLVER. sey, Mr. ABERCROMBIE, Mr. FRELING- debt held by the public by 2015 or earlier; to H.R. 2686: Mr. MORAN of Virginia. HUYSEN, Mr. GALLEGLY, Mrs. MEEK of the Committee on Ways and Means. H.R. 2697: Mrs. KELLY. Florida, Mr. MURTHA, Mr. FOLEY, Mr. By Mr. WATTS of Oklahoma: H.R. 2706: Mr. GUTIERREZ. SHOWS, Mr. CRAMER, Mr. BOEHLERT, H. Res. 410. A resolution designating ma- H.R. 2749: Mr. KUYKENDALL. Mr. OBERSTAR, Mr. SPRATT, Mr. jority membership on certain standing com- H.R. 2750: Mr. SALMON. LARGENT, Mr. LAMPSON, Mr. HERGER, mittees of the House; considered and agreed H.R. 2812: Mr. ENGLISH, Mr. PASTOR, Mr. Mr. GIBBONS, Mr. DOYLE, Mr. DEAL of to. MEEKS of New York, Mr. CLYBURN, and Mrs. Georgia, Mr. JOHN, Mr. FRANKS of By Mr. FROST: CHRISTENSEN. New Jersey, Mr. GUTIERREZ, Mrs. H. Res. 411. A resolution designating mi- H.R. 2867: Mr. GALLEGLY. EMERSON, Mr. PACKARD, Mr. MCHUGH, nority membership on certain standing com- H.R. 2870: Mr. MCDERMOTT. Mr. MILLER of Florida, Mr. GOODE, mittees of the House; considered and agreed H.R. 2945: Ms. LEE, Mr. PRICE of North Mr. SWEENEY, Ms. DANNER, Mr. to. Carolina, Mr. STARK, Mr. UPTON, Mr. WAMP, Mr. KENNEDY of Rhode Island, f CUNNINGHAM, Mr. GEJDENSON, Mr. BERMAN, Mrs. MINK of Hawaii, Mr. OBEY, Mr. Mr. DEFAZIO, Mrs. LOWEY, Mr. KENNEDY of MICA, Mr. DIXON, Mr. JENKINS, Mr. ADDITIONAL SPONSORS Rhode Island, Mr. WYNN, and Ms. ESHOO. H.R. 2947: Mr. MINGE, Mr. TIERNEY, Mr. HINCHEY, Mr. FORBES, Mr. RAHALL, Under clause 7 of rule XII, sponsors Mr. FILNER, Mr. WALSH, Mr. PETER- WALDEN of Oregon, Ms. HOOLEY of Oregon, were added to public bills and resolu- and Ms. BALDWIN. SON of Minnesota, Mr. ROHRABACHER, tions as follows: Mr. BACHUS, Mr. WEXLER, Mr. GOSS, H.R. 2966: Mr. RADANOVICH, Mr. BACHUS, Ms. ROYBAL-ALLARD, Mr. THOMPSON H.R. 113: Mr. HALL of Texas. Mr. BILIRAKIS, and Mr. WATT of North Caro- H.R. 175: Mr. HASTINGS of Washington. of California, Mrs. MORELLA, Mr. lina. H.R. 355: Mr. KUYKENDALL. H.R. 2992: Mr. CAMPBELL. STEARNS, Mr. LUCAS of Oklahoma, H.R. 460: Mr. STUPAK and Mr. HINCHEY. H.R. 3103: Mr. MATSUI. Mr. LOBIONDO, Mr. SKELTON, Mr. H.R. 531: Mr. GILLMOR. H.R. 3136: Mr. FARR of California. TRAFICANT, Mr. LIPINSKI, Mr. H.R. 583: Mr. PRICE of North Carolina and H.R. 3144: Mr. BARCIA. BONILLA, Mr. BUYER, Mr. ROMERO- ´ Mr. SHOWS. H.R. 3161: Mr. BOUCHER. BARCELO, Mrs. JONES of Ohio, Mr. H.R. 623: Mr. WELDON of Florida and Mr. H.R. 3174: Mr. HOBSON, Mr. STUMP, and Mr. BILBRAY, Mr. HEFLEY, Mr. BORSKI, BOEHNER. BURTON of Indiana. Mr. EVANS, Mr. BARTLETT of Mary- H.R. 670: Mr. HOEKSTRA and Mr. MOLLOHAN. H.R. 3180: Ms. RIVERS, Ms. WOOLSEY, Mr. land, Mr. UNDERWOOD, Mr. OXLEY, H.R. 688: Mr. TOOMEY. LATOURETTE, Mr. GEJDENSON, Mr. EWING, Mr. MCGOVERN, Mr. WATTS of Okla- H.R. 721: Mr. BURTON of Indiana and Ms. and Mr. STRICKLAND. homa, Mr. BAKER, Mr. PICKERING, Mr. DELAURO. H.R. 3193: Mr. INSLEE, Mr. OBERSTAR, Mr. CAPUANO, Mr. OWENS, Mr. PASCRELL, H.R. 802: Mr. LAMPSON. KLECZKA, Mr. MOORE, Mr. DELAHUNT, Mr. Mr. FROST, Mr. CUNNINGHAM, Mrs. H.R. 809: Mr. MORAN of Virginia and Mr. FOLEY, and Mr. RANGEL. NAPOLITANO, Mr. METCALF, Mr. BAR- WALSH. H.R. 3195: Mr. WAXMAN, Mr. POMEROY, Mr. RETT of Nebraska, Mr. RANGEL, Mr. ´ H.R. 826: Mr. HOLT and Mr. LAFALCE. OWENS, Mr. ROMERO-BARCELO, Mr. HASTINGS MARTINEZ, Mr. COBLE, Mr. WEINER, H.R. 827: Mr. LAMPSON. of Washington, Ms. KILPATRICK, Mr. BENT- Ms. KAPTUR, Mr. SHIMKUS, Mr. STEN- H.R. 860: Ms. DELAURO. SEN, Mr. KUCINICH, Mr. STENHOLM, and Mr. HOLM, Mr. FARR of California, Mr. H.R. 900: Mr. DIAZ-BALART. LAHOOD. CONDIT, Mr. GEJDENSON, Mr. POM- C NTYRE HIMKUS H.R. 923: Mr. M I , Mr. S , and H.R. 3222: Mr. BLUNT. EROY, Mr. MATSUI, Mr. SHAYS, Mr. Mr. PALLONE. H.R. 3278: Mr. PRICE of North Carolina and BLAGOJEVICH, Mr. MASCARA, Mr. MEE- H.R. 937: Mr. BAKER. Mrs. MYRICK. HAN, Mr. SAM JOHNSON of Texas, Mr. H.R. 959: Mr. WU. H.R. 3293: Mr. WEINER, Mr. PICKERING, Mrs. TANCREDO, Mr. LAHOOD, Mr. RILEY, H.R. 1032: Mr. KOLBE. JOHNSON of Connecticut, Mr. QUINN, Mr. Mrs. KELLY, Mr. DINGELL, Mr. CON- H.R. 1046: Mr. CROWLEY, Mrs. WILSON, Mr. SKELTON, and Mr. CAMP. YERS, Mr. SMITH of Texas, Mr. KING, PALLONE, Mr. MARTINEZ, Mr. EVANS, and Mr. H.R. 3329: Mr. LANTOS and Mr. FRANKS of GEJDENSON. Ms. ESHOO, Mr. BILIRAKIS, Ms. BROWN New Jersey. of Florida, Mr. MOLLOHAN, Mr. VIS- H.R. 1093: Mr. JOHN. H.R. 3377: Mr. LATOURETTE, Mr. PALLONE, CLOSKY, Mr. WOLF, Mr. LEACH, Mrs. H.R. 1130: Mr. HALL of Ohio and Mr. THOMP- Mr. OLVER, Mr. MOAKLEY, Mr. MARKEY, Mr. CAPPS, Mr. TERRY, Mr. LEWIS of Cali- SON of California. UDALL of Colorado, Mr. GUTIERREZ, Ms. KIL- fornia, Mr. TOOMEY, Mr. STUPAK, Mr. H.R. 1172: Mr. FRELINGHUYSEN and Mr. PATRICK, Mr. GEORGE MILLER of California, COOKSEY, Mr. SAWYER, Mr. CASTLE, CHABOT. Mr. OWENS, Mr. NADLER, Mr. MCGOVERN, Mr. Mr. WAXMAN, Mr. NORWOOD, Mr. H.R. 1260: Ms. LEE. WYNN, Mr. KLECZKA, Mr. LEWIS of Georgia, MCNULTY, Mr. HOBSON, Mr. PAYNE, H.R. 1304: Mr. SAWYER and Mr. RANGEL. Mr. CONYERS, Mr. DELAHUNT, Ms. MCKINNEY, Mr. MOORE, Mr. KINGSTON, Ms. H.R. 1313: Mr. DEFAZIO, Mr. NADLER and Mr. BARRETT of Wisconsin, and Mr. CLAY. RANGER C ARTHY Mr. CAPUANO. G , Mrs. M C of New H.R. 3405: Mr. TANCREDO, Mrs. MCCARTHY ALL ICKETT H.R. 1387: Mr. EWING. York, Mr. H of Ohio, Mr. P , of New York, Mr. TIERNEY, Mr. GUTIERREZ, Mr. HANSEN, Mr. HORN, Mr. H.R. 1450: Mr. LAMPSON. H.R. 1488: Mr. EVANS and Mr. HALL of Mr. SPRATT, Mr. BORSKI, Mr. FROST, Mr. KUYKENDALL, Mr. MORAN of Virginia, Texas. ACKERMAN, Mr. TRAFICANT, Mrs. MORELLA, Mrs. MYRICK, Mr. GREEN of Texas, H.R. 1592: Mr. REYES, Mr. DINGELL, and Mr. Mr. BURTON of Indiana, Mr. PASCRELL, Mr. Mr. SNYDER, Mr. HUTCHINSON, Mr. GANSKE. FOLEY, Mr. PORTER, Mr. HASTINGS of Florida, TAYLOR of North Carolina, Ms. CAR- H.R. 1625: Mr. MATSUI, Mr. NADLER, Mr. Mr. DOYLE, Mr. SALMON, Mr. DIAZ-BALART, SON, Mr. TALENT, Mr. MCINTYRE, Mr. MARTINEZ, Mr. CONYERS, and Mr. HALL of Mr. MCNULTY, Mr. WAXMAN, and Ms. BERK- INSLEE, Mr. DELAY, Mr. FORD, Mr. Ohio. LEY. ARMEY, Mr. DELAHUNT, Mr. RYAN of H.R. 1760: Mr. UPTON, Ms. DELAURO, and H.R. 3420: Mr. HUTCHINSON and Mr. BACA. Wisconsin, Mr. REYES, Mr. SCHAFFER, Mr. MCINTYRE. H.R. 3439: Mr. COSTELLO, Mr. LATHAM, Mr. Mr. LUCAS of Kentucky, Mr. GUT- H.R. 1793: Mr. BACA. PHELPS, Ms. BERKLEY, Mr. HILL of Montana, KNECHT, Mr. SISISKY, Ms. HOOLEY of H.R. 1917: Mr. LAMPSON. Mr. DICKEY, and Mr. GALLEGLY. Oregon, Mr. PALLONE, Mrs. BIGGERT, H.R. 1933: Mr. SHADEGG, Mr. SHAYS, and H.R. 3520: Mr. CASTLE. Mrs. WILSON, Mr. DEMINT, Mrs. CLAY- Mr. LIPINSKI. H.R. 3525: Ms. DUNN, Mr. BILIRAKIS, Mrs. TON, Mr. THUNE, Mr. RUSH, Mr. MAN- H.R. 2059: Mr. HUTCHINSON, Mr. RAHALL, EMERSON, Mr. GREEN of Wisconsin, and Mr. ZULLO, Mrs. NORTHUP, Mr. GREEN of and Mr. METCALF. GEKAS. Wisconsin, Mrs. FOWLER, Mr. HOYER, H.R. 2166: Mr. ACKERMAN and Mr. NADLER. H.R. 3530: Mr. BONILLA, Mr. MCINNIS, Mrs. Mr. EHRLICH, and Mr. GEKAS): H.R. 2192: Mr. KENNEDY of Rhode Island. MYRICK, Mr. GREENWOOD, Mr. HUTCHINSON, H.J. Res. 86. A joint resolution recognizing H.R. 2282: Mr. VITTER, Mr. DICKEY, and Mr. Mr. SOUDER, Mr. MCHUGH, Mr. PITTS, Mr. the 50th anniversary of the Korean War and ISAKSON. TOOMEY, Mrs. NORTHUP, and Mr. LARGENT. the service by members of the Armed Forces H.R. 2298: Mr. SABO. H.R. 3539: Mr. HEFLEY. during such war, and for other purposes; to H.R. 2345: Ms. LEE, Ms. RIVERS, and Mr. H.R. 3540: Mr. SHIMKUS, Mr. GUTKNECHT, the Committee on Armed Services. GUTIERREZ. and Mr. SMITH of Washington. HRLICH, Mr. GEORGE MILLER By Mr. JENKINS: H.R. 2372: Mr. JENKINS. H.R. 3546: Mr. E H.R. 2463: Mr. UDALL of New Mexico. of California, Mr. GUTIERREZ, Mr. PASCRELL, H. Con. Res. 245. Concurrent resolution to H.R. 2620: Mrs. MALONEY of New York, Mr. Mr. BLUMENAUER, and Mr. MEEHAN. correct technical errors in the enrollment of SMITH of Texas, Mr. THORNBERRY, and Mr. H. Con. Res. 74: Mr. FARR of California and the bill H.R. 764; considered and agreed to. KUYKENDALL. Mr. MARTINEZ.

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H. Con. Res. 77: Ms. RIVERS. H.R. 2005 good if the accident occurred more than 18 H. Con. Res. 177: Ms. HOOLEY of Oregon, Mr. OFFERED BY MR. CHABOT OF OHIO years after the date on which the durable BERMAN, Ms. STABENOW, Mr. DAVIS of Illi- AMENDMENT NO. 1: Page 2, strike lines 10 good was delivered to its first purchaser or nois, and Mr. PRICE of North Carolina. lessee and if— H. Con. Res. 209: Mr. FRANK of Massachu- through 20 and insert the following: setts, Mr. TOWNS, Mr. GIBBONS, Mr. FILNER, (1) no civil action may be filed against the 2. Page 2, line 14, delete the ‘‘.’’ and insert Mr. OXLEY, and Mr. HOLT. manufacturer or seller of a durable good for ‘‘; and’’. H. Con. Res. 226: Mr. SHOWS, Mr. damage to property arising out of an acci- 3. Page 2, insert after line 14 the following: LATOURETTE, Mr. RAHALL, Mr. CROWLEY, Mr. dent involving that durable good if the acci- SANDERS, Ms. DANNER, Mr. STRICKLAND, Mr. dent occurred more than 18 years after the (3) subparagraph (a)(1) of this section does TIERNEY, Mr. STUPAK, Mr. BACA, Mr. FOLEY, date on which the durable good was delivered not supersede or modify any statutory or Mr. RANGEL, and Mrs. EMERSON. to its first purchaser or lessee; and common law that authorizes an action for H. Con. Res. 238: Mr. STUPAK, Ms. BALDWIN, (2) no civil action may be filed against the civil damages, cost recovery or any other Mr. LUTHER, Mr. BONIOR, and Mr. KLECZKA. manufacturer or seller of a durable good for form of relief for remediation of the environ- H. Con. Res. 240: Mr. FARR of California, damages for death or personal injury arising ment as defined in section 101(8) of the Com- Mr. STENHOLM, Mr. OLVER, Mr. KLECZKA, Mr. out of an accident involving that durable prehensive Environmental Response, Com- CLAY, and Mr. COYNE. good if the accident occurred more than 18 pensation and Liability Act of 1980 as amend- H. Res. 347: Mr. TANCREDO, Mr. STUPAK, years after the date on which the durable and Mr. DINGELL. good was delivered to its first purchaser or ed (42 U.S.C. 9601(8)). H. Res. 388: Mr. TANCREDO. lessee and if— H. Res. 406: Mrs. MCCARTHY of New York. H.R. 2005 H.R. 2005 f OFFERED BY: MS. JACKSON-LEE OF TEXAS OFFERED BY: MR. CHABOT DELETIONS OF SPONSORS FROM AMENDMENT NO. 2: 1. Paage 2, strike lines AMENDMENT NO. 3: Page 3, strike lines 15 PUBLIC BILLS AND RESOLUTIONS 10 through 20 and insert the following: through 19 and redesignate the succeeding Under clause 7 of rule XII, sponsors (1) no civil action may be filed against the subsection accordingly. manufacturer or seller of a durable good for were deleted from public bills and reso- H.R. 2005 lutions as follows: damage to property arising out of an acci- dent involving that durable good if the acci- H.R. 72: Mr. GALLEGLY. OFFERED BY: MR. TERRY dent occurred more than 18 years after the f date on which the durable good was delivered AMENDMENT NO. 4: Page 3, insert the fol- AMENDMENTS to its first purchaser or lessee; lowing after line 14: (2) no civil action may be filed against the (4) PRODUCTS NOT STATE-OF-THE-ART.—This Under clause 8 of rule XVIII, pro- manufacturer or seller of a durable good for Act shall not apply in the case of a durable posed amendments were submitted as damages for death or personal injury arising good that, at the time it was produced, was follows: out of an accident involving that durable not state-of-the-art.

VerDate 27-JAN-2000 03:18 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.050 pfrm02 PsN: H01PT1 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, FEBRUARY 1, 2000 No. 6 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING Feingold modified amendment No. 2748, to called to order by the President pro MAJORITY LEADER provide for an exception to a limitation on tempore [Mr. THURMOND]. an automatic stay under section 362(b) of The PRESIDING OFFICER (Mr. title 11, United States Code, relating to evic- VOINOVICH). The Senator from Utah is tions and similar proceedings to provide for PRAYER recognized. the payment of rent that becomes due after the petition of a debtor is filed. The Chaplain, Dr. Lloyd John f The PRESIDING OFFICER. Under Ogilvie, offered the following prayer: SCHEDULE the previous order, the time until 10:30 Almighty God, You have created us Mr. HATCH. Mr. President, today the a.m. shall be under the control of the in Your own image; forgive us when we Senate will immediately resume con- Senator from Minnesota, Mr. return the compliment by trying to sideration of the bankruptcy bill under WELLSTONE, to speak on amendments create You in our image, projecting the previous order. Senator WELLSTONE Nos. 2537 and 2538. onto You human judgmentalism. We will be in control of the first hour to The Senator from Nevada. evade Your judgment of our judgments. debate his amendments regarding life- Mr. REID. Mr. President, a couple Our judgments divide us from one an- line accounts and debt collection. things before we get to Senator other. We condemn those who differ There are other remaining amend- WELLSTONE. with us; we miss Your lordship by ments that will be debated and voted It is my understanding, I say to the lording it over others. We need to be on throughout today’s session with a acting majority leader, Mr. HATCH, reconciled to You, Lord. Forgive any vote on final passage expected to occur there will be no votes this morning and pride, prejudice, or presumption. Our no later than tomorrow. the first vote may occur after the cau- Nation is deeply wounded by cutting As a reminder, a cloture motion was cuses. words and hurting attitudes toward filed on the motion to proceed to the I also ask unanimous consent that other religions, races, and political nuclear waste disposal legislation dur- the Senator from Minnesota be allowed parties. We are divided into camps of ing Monday’s session, and by previous 1 hour rather than terminating his re- liberal and conservative, Republican consent that vote will occur following marks at 10:30, that he should be enti- and Democrat, and from each camp we completion of the bankruptcy bill dur- tled to 1 hour. shout demeaning criticisms of each ing Wednesday’s session of the Senate. Mr. HATCH addressed the Chair. other. Forgive our arrogance, but also I thank my colleagues for their at- The PRESIDING OFFICER. The Sen- forgive our reluctance to work to- tention. ator from Utah. Mr. HATCH. If I may infringe on my gether with those with whom we differ. f We confess that Your work in our Na- colleague’s time just for a minute—— tion is held back because of intoler- BANKRUPTCY REFORM ACT OF 1999 Mr. REID. Does the Senator accept ance. The PRESIDING OFFICER. Under that unanimous consent request? The PRESIDING OFFICER. Is the We know that You are the instigator the previous order, the Senate will now Senator objecting to the unanimous of our longing to be one and the inspi- resume consideration of S. 625, which the clerk will report. consent request? ration of our oneness. Bind us together Mr. HATCH. As I understand it, the The bill clerk read as follows: with the triple-braided cord of Your ac- unanimous consent request is that ceptance, atonement, and affirmation. A bill (S. 625) to amend title II, United there will be no votes until 2:15, Sen- States Code, and for other purposes. In Your holy name. Amen. ator WELLSTONE having the first hour. Pending: Mr. REID. Yes, he gets an hour rath- f Wellstone amendment No. 2537, to disallow er than being cut off at 10:30. claims of certain insured depository institu- Mr. HATCH. Yes. I have no objection. PLEDGE OF ALLEGIANCE tions. The PRESIDING OFFICER. Without Wellstone amendment No. 2538, with re- objection, it is so ordered. The Honorable GEORGE VOINO- spect to the disallowance of certain claims Mr. HATCH addressed the Chair. VICH, a Senator from the State of and to prohibit certain coercive debt collec- The PRESIDING OFFICER. The Sen- Ohio, led the Pledge of Allegiance as tion practices. ator from Utah. follows: Schumer/Durbin amendment No. 2762, to modify the means test relating to safe har- Mr. HATCH. The two WELLSTONE I pledge allegiance to the Flag of the bor provisions. amendments, they have been filed, United States of America, and to the Repub- Schumer amendment No. 2763, to ensure haven’t they? lic for which it stands, one nation under God, that debts incurred as a result of clinic vio- The PRESIDING OFFICER. They are indivisible, with liberty and justice for all. lence are nondischargeable. pending.

∑ 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 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S168 CONGRESSIONAL RECORD — SENATE February 1, 2000 Mr. HATCH. Then I ask unanimous ices to their customers if they wish to ‘‘reforms’’ in quotes—are substantially consent that the votes occur with re- be able to make claims against debtors similar to what the industry says are spect to the pending amendments in in bankruptcy proceedings—would go a desperately needed now—that means to stacked sequence beginning at 2:15 p.m. long way toward making this bill more curb abusive filings. That is exactly today and that there be 5 minutes for fair and more balanced. what the Congress gave the credit card debate to be equally divided for closing When I spoke last week, I said the industry in 1984. But the question is, remarks prior to the votes. bankruptcy crisis is over and it ended After we passed that bill in 1984, how The PRESIDING OFFICER. Is there without Congress passing legislation. I did lenders behave after the ‘‘strength- objection? cited the fact that bankruptcy pro- ening’’ of the bankruptcy code? That Mr. HATCH. I move to table both ceedings actually fell last year—fell story will help us answer the question: amendments. last year, I repeat—by 112,000 cases. If we give them this new, stricter, lop- I ask unanimous consent that it be in My good friend from Alabama came sided law in 2000, what will they do order for me to move to table each to the floor and said something that, with it? amendment. actually, I think is true: This bill From the same 1984 Business Week The PRESIDING OFFICER. Is there doesn’t have anything to do with the article: objection to the unanimous consent re- number of bankruptcies. I think he was Lenders say they will make more unse- quest? more right than probably any of us cured loans from now on, trying to lure back Mr. WELLSTONE. Mr. President, we want to seem to admit. But the de- the generally younger and lower-income bor- are talking about tabling the amend- crease in bankruptcy filings is signifi- rowers recently turned away. ments this afternoon; is that right— cant, and let me explain why. Why not? We are giving them all the not now? Ironically, the bankruptcy crisis protection in the world. They can go Mr. HATCH. No. When they occur, probably ended because Congress has about with all kinds of unscrupulous they will be tabled. not passed a bill. The bean counters in practices that I am going to talk The PRESIDING OFFICER. Without the consumer credit industry realized about: Target poor people, target sin- objection, it is so ordered. that all of these bankruptcies were not gle parents, target young people, and The Senator from Minnesota. good for profits, so they started lend- not have to worry. AMENDMENTS NOS. 2537 AND 2538 ing less money. They were more careful But that is exactly the problem. The Mr. WELLSTONE. Mr. President, about to whom they lent the money. In consumer finance industry went after first of all, I remind my colleagues of fact, overall consumer debt actually these folks with a vengeance post 1984. what I said last week about this legis- declined in 1998. And guess what. There Lenders felt so protected by the new lation which I think, with all due re- were fewer bankruptcies. But if S. 625 bankruptcy law that they eventually spect to my colleague—I do have a lot becomes law, bankruptcy protection threw caution to the wind and began of admiration for Senator HATCH—is will be harshly rolled back. It will even using the same aggressive, borderline still fundamentally flawed legislation. be more profitable to overburden folks deceptive and abusive tactics that are It contains numerous provisions which with debt, and the banks and credit now common in the industry. That is are unbelievably harsh toward those card companies will fall over them- exactly what we are going to do with citizens who are most vulnerable in our selves trying to do it. But this time, this law—give them a blank check to society, and that troubles this Senator. America’s working families are going continue with this deception. I think the entire concept of the bill to pay even more of a price. In a 1999 Harvard Business School is wrong. It addresses a crisis that ap- This argument isn’t purely historical study entitled, ‘‘The Rise of Consumer pears to be self-directed. It rewards or theoretical. Empirical data backs it Bankruptcy: Evolution, Revolution, or predatory and reckless lending by up. I want to take my colleagues Both?’’ David Moss of the Harvard banks and credit card companies which through a little bit of history. I want Business School and Gibbs Johnson, an fed the crisis in the first place, and it to read from an article published in the attorney, lay out the case. They say— does nothing to actually prevent bank- August 13, 1984, issue of Business Week. colleagues and staff listening to this ruptcy by closing economic security to The article was entitled: ‘‘Consumer debate, I think this is an important working families. I reject the notion Lenders Love the New Bankruptcy piece: the Senate should assume that there Laws.’’ It was written in the aftermath It is conceivable, therefore, that the pro- are problems with the bankruptcy code of Congress’ last tightening of the creditor reforms of 1984 actually contributed because more people are going bank- bankruptcy code in 1984. Here is how to the growth of consumer (bankruptcy) fil- rupt. the article goes: ings. This could have occurred if the reforms Real bankruptcy reform would ad- It doesn’t take much to get a laugh out of exerted a larger impact in encouraging lend- dress the root causes of bankruptcy. It Finn Casperson these days. Just ask him the ers to lend—and to lend more deeply into the would address the concentration of fi- outlook for Beneficial Corp. now that the income distribution—than they did in deter- nancial markets which are increasing U.S. has a tough new bankruptcy law. ‘‘It ring borrowers from borrowing and filing. the clout and power of big banks and looks a lot rosier,’’ says the chairman of the Mark Zandi, in the January 1997 edi- credit card companies to unprece- consumer finance company, punctuating the tion of the Regional Financial Review, assessment with a hearty chuckle. dented levels. It would make working writes: families more financially secure. It The article then explains what the While forcing more households into a would address skyrocketing medical banks and credit card industries got Chapter 13 filing, though an income test expenses. It would confront the eco- back in 1984: would raise the amount that lenders would nomic balkanization in this country, But when someone seems to be abusing the ultimately recover from bankrupt borrowers, the increasing schism between the revised law, a judge can, on his or her own, it would not significantly lower the net cost throw a case out of Chapter 7, leaving the of bankruptcies. wealthy and the rest of America. debtor to file under Chapter 13. And in Chap- I emphasize: This bill does none of these things. It ter 13, where an individual works out a re- imposes harsh penalties on families payment plan under court supervision, lend- Tougher bankruptcy laws will simply in- who, by and large, file for bankruptcy ers now can get a court order assigning all of duce lenders to ease their standards further. in good faith because it is the only op- a borrower’s income for three years to repay- That is exactly what we are doing tion they have. ing debts . . . with this bill. The two amendments I have offered Anyway, it goes on to say that the Again, we know this is exactly what to this bill—the payday loan amend- lender does not have to worry any happened. Credit card companies sent ment, which would curb a form of pred- longer and they can have these preda- out over 3.5 billion solicitations last atory lending which targets low- and tory practices and they can target peo- year. They use aggressive tactics to moderate-income working families, ple and they do not have to worry if sign up borrowers. Is there anything in and also the low-cost basic banking there is no protection for people. But this ‘‘reform’’ legislation that holds amendment, which would require big there is protection for them. them accountable? No. Once again, the banks with more than $200 million in Does this sound familiar to my col- big givers and heavy hitters and well- assets to offer low-cost banking serv- leagues? These ‘‘reforms″ —and I put connected dominate. But when it

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S169 comes to the poor, when it comes to fresh start. That is what bankruptcy ing about what could have kept this single-parent families, when it comes provides for them. It is the only way woman out of bankruptcy? What does to senior citizens, when it comes to the they can get out from crushing medical this bill have to do with helping a people who are most vulnerable, we bills or other debts brought on by un- woman or a man educate themselves so have unbelievable harshness in this foreseen circumstances. Only a very they can do better for their family? legislation. small percentage—perhaps 3 percent— The answer: Nothing. What does this These credit card companies use ag- of those who file for bankruptcy file bill do to help ordinary people who are gressive tactics to sign up borrowers— abusively, according to the American overwhelmed by medical expenses? The and to keep you in debt once they get Bankruptcy Institute. The American answer is: Absolutely nothing. What you. They also go after low-income in- Bankruptcy Institute says about 3 per- does this bill do to promote economic dividuals, even though they might not cent of the people abuse this system. stability for working families? Abso- be good credit risks. Why? Because The Justice Department goes higher. lutely nothing. they are desperate for credit. They For that, we have this wide, broad net I believe if my colleagues wanted to have a captive audience. Poor people that punishes the poor and the most reduce the number of bankruptcies, can be charged exorbitant interest vulnerable. they would focus more on providing a rates and fees. Despite the fact that A constituent from Crystal, MN, helping hand rather than removing a there are hundreds of credit card firms wrote to my office in July to tell me safety net. If my colleagues wanted to targeting low-income borrowers, inter- about her experience with bankruptcy: tackle bankruptcy, they would take on est rates and terms on these cards have What I want you to know specifically is the credit card companies and their not been driven down by the supposed that this one credit card company would not abusive tactics. No, we don’t want to ‘‘competition.’’ offer any reductions in the interest rate, de- take on those interests. Unfortunately, For these borrowers, for low-income manded over one quarter of my entire my constituent’s story, a woman from monthly income, did not care if I could not Minnesota, single parent, is becoming people, the market is failing. meet my payments for the most basic re- In a June 3, 1999, interview in USA quirements of human existence, suggested increasingly typical. All too often Today, Joe Lee, a respected bank- that I use a food shelf, and they refused to overburdened families, the vast major- ruptcy judge for over 37 years in the acknowledge that my child was suicidal and ity of them single-wage-earner families Eastern District of Kentucky, placed that their harassing phone calls to my house headed by a woman, have to deal with the blame for the current high number nearly caused her to overdose on the only these circumstances all the time. of bankruptcies squarely on the backs nonprescription pain relievers that I could This year more than a half million of the banks and the credit card com- have for myself. women-headed households filed for panies. There is not a word in this leg- What was the reason for that? Her bankruptcy. Women-headed households islation holding them at all account- life was like ours. Actually, we make a are the poorest group of families in able for their unscrupulous practices; lot more money than she made. She America. They are the largest group they all target people who are des- was a worker. She had a factory job. who have to file for bankruptcy. Iron- perate for credit and have no other An injury forced her to leave the job. ically, the credit card industry has run choice but to receive loans on horrible For all I know, it could have been a advertisements—I cannot believe this— terms, the poor and the vulnerable. ruptured disk. I know what a ruptured during debate on this bill talking about When asked if he had seen many peo- disk is like. She worked multiple min- how friendly this piece of legislation is ple file for bankruptcy who could af- imum-wage jobs for several years. Her toward women and children. They have ford to pay most of their debts, he marriage fell apart, and her daughter no shame. This is ridiculous. said—because that is the premise of fell into deep clinical depression. No I will read from a letter signed by ap- this legislation, that you have all this fault of hers; no fault of her daughter’s. proximately 70 scholars at our Nation’s abuse— In the meantime, she enrolled in com- law schools who are opposed to this No. It’s simply not true. Most of them are puter school so she could pursue a ca- legislation. very poor, drowning in debt. The target (of reer that would give her some income I ask unanimous consent that this bankruptcy reform) should be the consumer and would also help her help her daugh- letter, along with a list of a variety of credit [card] industry and the laws governing ter. She purchased a computer on cred- consumer, women, and union organiza- extension of consumer credit. Instead they’re it so she could spend more time work- tions be printed in the RECORD. robbing the poor to enrich the rich. ing at home. In time the payments on There being no objection, the mate- That is exactly what this legislation the computer, her mortgage, and her rial was ordered to be printed in the does. But these poor people are invis- daughter’s medical bills became too RECORD, as follows: ible. They have no clout. They have no much, and she fell behind on debt pay- NOVEMBER 2, 1999. power. They have no lobbyists. They ments. When the creditors approached Re: The Bankruptcy Reform Act of 1999 (S. are not the heavy hitters. They are not her, she tried to work out a repayment 625) the big givers. They are left out. schedule she could meet, and then the Hon. ORRIN HATCH, USA Today also asked Judge Lee if quote I read is what happened to her. Chairman, Committee on the Judiciary, U.S. he thought there was less stigma at- So she filed for bankruptcy. Senate, Washington, DC. Hon. PATRICK LEAHY, tached to bankruptcy than there used She has begun to rebuild her life. She ended her letter by saying this: Ranking Member, Committee on the Judiciary, to be. He said: U.S. Senate, Washington, DC. I’ve been on the bench now for 37 years, Please do not vote for Senate Bill 625 or DEAR SENATORS: In a letter to you dated working on 38. I never have seen this busi- any other bill that makes bankruptcy harder September 7, 82 professors of bankruptcy law ness about debtors being cavalier about for people who find themselves caught in the from across the country expressed their bankruptcy. unforeseen predicaments of life for which grave concerns about some of the provisions Look at it from the point of view of the they have no control. It is not fair to pass a of S. 625. In a public letter dated September debtor. They have mothers and fathers. They bill that helps the credit card companies by 16, two professors took the opposing view. go to church. They have neighbors. They hurting people like me without forcing them One of the principal concerns of the 82 pro- have to walk into the office after filing for to look at what they are doing and how they fessors was that S. 625 ‘‘may adversely affect bankruptcy and explain it to other employ- respond. They have many options that could women and children.’’ ees, and this is not easy to do. There’s the be used without creating the emotional trau- Proponents of the bill—namely, the con- additional stigma that bankruptcy remains ma that forces hard working people to sumer credit industry—have responded to on your credit report for 10 years. You have choose the relief of bankruptcy. the concerns raised about the effects of the trouble getting credit other than at high in- I ask my colleagues, is there one bill on women and children with a media terest rates. You have difficulty buying a thing in this piece of legislation that blitz trumpeting the view that ‘‘Bankruptcy home. You have lots of problems. could have helped this woman head off reform helps women and children.’’ A Sep- What Judge Lee is saying is borne bankruptcy, a Minnesotan? Absolutely tember 14 letter from consumer credit issuers proclaims that ‘‘S. 625 vastly im- out by the facts. Remember, as I stated not. This bill would simply have made proves the position of women and children last year, the vast majority of families it harder for her to get the relief nec- who depend on family support payments who file for bankruptcy are not trying essary for her to take care of herself from an absent parent who has filed for to beat the system. They file for a and her daughter. Why aren’t we talk- bankruptcy.’’ A full-page advertisement also

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S170 CONGRESSIONAL RECORD — SENATE February 1, 2000 dated September 14 asserts, ‘‘The truth is ruptcies, we also express our concerns on be- University of Connecticut School of Law; S. that bankruptcy reform gives much-needed half of the more than half a million women Elizabeth Gibson, Burton Craige Professor of help to single parents and their children who heads of household who will file for bank- Law, University of North Carolina School of are dependent on family support payments.’’ ruptcy this year alone. As the heads of the Law; Marjorie L. Girth, Professor of Law, The advertisement cautions in large type: economically most vulnerable families, they Georgia State University College of Law; ‘‘Distorting the facts about reform helps no have a special stake in the pending legisla- Karen Gross, Professor of Law, New York one.’’ tion. Women heads of households are now the Law School; Matthew P. Harrington, Asso- The undersigned professors agree that largest demographic group in bankruptcy, ciate Dean for Academic Affairs and Direc- ‘‘distorting the facts about reform helps no and according to the credit industry’s own tor, Marine Affairs Institute, Roger Williams one.’’ The real distortion is the assertion data, they are the poorest. The provisions in University School of Law; Joann Henderson, that S. 625 would benefit women and chil- this bill, particularly the provisions that Professor of Law, University of Idaho College dren. The truth is that, notwithstanding the apply without regard to income, will fall of Law; Richard A. Hesse, Professor of Law, pleas of the bill’s proponents, S. 625 does not hardest on them. A single mother with de- Franklin Pierce Law Center; Ingrid help women and children. Thirty-one organi- pendent children who is hopelessly insolvent Michelson Hillinger, Associate Professor of zations devoted exclusively to promoting the and whose income is far below the national Law, Boston College Law School; Margaret best interests of women and children con- median income still would have her bank- Howard, Professor of Law, Vanderbilt Uni- tinue to oppose the pending bankruptcy bill. ruptcy case dismissed if she does not present versity Law School; Ted Janger, Associate The concerns expressed in the professors’ let- copies of income tax returns for the past Professor, Brooklyn Law School; Lawrence three years—even if those returns are in the ter of September 7 regarding how S. 625 Kalevitch, Professor of Law, Nova South- possession of her ex-husband. A single moth- would hurt women and children have not eastern University Law Center; Allen R. er who hoped to work through a chapter 13 been resolved—they have not even been ad- Kamp, Professor of Law, John Marshall Law payment plan would be forced to pay every dressed. School; Lawrence P. King, Charles Seligson First, one of the biggest problems the bill penny of the entire debt owed on almost Professor of Law, New York University presents for women and children was stated worthless items of collateral, such as used School of Law; Kenneth N. Klee, Acting Pro- in the September 7 letter: furniture or children’s clothes, even if it fessor of Law, UCLA School of Law; John W. ‘‘Women and children as creditors will meant that successful completion of a repay- have to compete with powerful creditors to ment plan was impossible. Larson, Associate Professor of Law, Florida collect their claims after bankruptcy.’’ These two facts are unassailable: S. 625 State University College of Law; Robert M. This increased competition for women and forces women to compete with sophisticated Lawless, Associate Professor of Law, Univer- children will come from many quarters: from creditors to collect alimony and child sup- sity of Missouri-Columbia School of Law; powerful credit card issuers, whose credit port after bankruptcy. S. 625 makes it harder Lynn M. LoPucki, Security Pacific Bank card claims increasingly will be excepted for women to declare bankruptcy when they Professor of Law, UCLA School of Law; Lois from discharge and remain legal obligations are in financial trouble. We implore you to R. Lupica, Associate Professor of Law, Uni- of the debtor after bankruptcy; from large look beyond the distorted ‘‘facts’’ peddled by versity of Maine School of Law; William H. retailers, who will have an easier time ob- the credit industry. Do not pass a bill to hurt Lyons, Professor of Law, University of Ne- taining reaffirmations of debt that legally women and children. braska College of Law. could be discharged; and from creditors Thank you for your consideration. Bruce A. Markell, Professor of Law, Wil- claiming they hold security, even when the Respectfully yours, liam S. Boyd School of Law, University of alleged collateral is virtually worthless. Sixty-nine (69) Professors Nevada, Las Vegas; Nathalie Martin, Assist- None of the changes made to S. 625 and none Charles J. Tabb, Professor of Law, Univer- ant Professor of Law, University of New being proposed addresses these problems. sity of Illinois College of Law; Peter A. Mexico School of Law; Judith L. Maute, Pro- The truth remains: if S. 625 is enacted in its Alces, Professor of Law, College of William fessor of Law, University of Oklahoma Law current form, women and children will face and Mary School of Law; Peter Alexander, Center; Jeffrey W. Morris, Professor of Law, increased competition in collecting their ali- Professor of Law, The Dickinson School of University of Dayton School of Law; Spencer mony and support claims after the bank- Law, Pennsylvania State University; Thom- Neth, Professor of Law, Case Western Re- ruptcy case is over. as B. Allington, Professor of Law, Indiana serve University Law School; Gary Second, it is a red herring to argue, as do University School of Law (Indianapolis); Neustadter, Professor of Law, Santa Clara advocates of the bill in touting how the bill John D. Ayer, Professor of Law, University University School of Law; Dean Pawlowic, will ‘‘help’’ women and children, that it will of California at Davis School of Law; Laura Professor of Law, Texas Tech University ‘‘Make child support and alimony payments B. Bartell, Associate Professor of Law, School of Law; Lawrence Ponoroff, Vice the top priority—no exceptions.’’ True Wayne State University Law School; Patrick Dean and Professor of Law, Tulane Law enough—but, as the law professors pointed B. Bauer, Professor of Law, University of School; Nancy B. Rapoport, Dean and Pro- out in the September 7 letter: ‘‘Giving ‘first Iowa College of Law; Susan Block-Lieb, Pro- fessor of Law, University of Nebraska Col- priority’ to domestic support obligations fessor of Law, Seton Hall University School lege of Law; Doug Rendleman, Huntley Pro- does not address the problem.’’ of Law; Douglass G. Boshkoff, Robert H. fessor, Washington and Lee University Granting ‘‘first priority’’ to alimony and McKinney Emeritus Professor of Law, Indi- School of Law; Alan N. Resnick, Benjamin support claims is not the magic solution the ana University School of Law (Bloomington); Weintraub Professor of Law, Hofstra Univer- consumer credit industry claims because Amelia Boss, Professor of Law, Temple Uni- sity School of Law. ‘‘priority’’ is relevant only for distributions versity School of Law. made to creditors in the bankruptcy case Jean Braucher, Roger Henderson Professor Linda J. Rusch, Professor of Law, Hamline itself. Such distributions are made in only a of Law, University of Arizona, James E. Rog- University School of Law; Charles J. Senger, negligible percentage of cases. More than ers College of Law; Ralph Brubaker, Asso- Professor of Law, Thomas M. Cooley Law 95% of bankruptcy cases make NO distribu- ciate Professor of Law, Emory University School; Charles Shafer, Professor of Law, tions to any creditors because there are no School of Law; Mark E. Budnitz, Professor of University of Baltimore School of Law; Mel- assets to distribute. Granting women and Law, Georgia State University College of vin G. Shimm, Professor of Law Emeritus, children a first priority for bankruptcy dis- Law; Daniel J. Bussel, Professor of Law, Duke University; Philip Shuchman, tributions permits them to stand first in line UCLA School of Law; Marianne B. Culhane, Weintraub Professor of Law, The State Uni- to collect nothing. Professor of Law, Creighton University versity of New Jersey, Rutgers School of The hard-fought battle is over reaching the School of Law; Susan DeJarnatt, Assistant Law (Newark); Marshal Tracht, Associate ex-husband’s income after bankruptcy. Professor, Beasley School of Law of Temple Professor of Law, Hofstra University School Under current law, child support and ali- University; Paulette J. Delk, Associate Pro- of Law; Bernard R. Trujillo, Assistant Pro- mony share a protected post-bankruptcy po- fessor of Law, Cecil C. Humphreys School of fessor, University of Wisconsin Law School; sition with only two other collectors of Law, The University of Memphis; A. Mechele Valorie K. Vojdik, Assistant Professor of debt—taxes and student loans. The credit in- Dickerson, Associate Professor of Law, Col- Law, Western New England College, School dustry asks that credit card debt and other lege of William and Mary School of Law; of Law; William T. Vukowich, Professor of consumer credit share that position, thereby Samuel J.M. Donnelly, Professor of Law, Law, Georgetown University Law Center; elbowing aside the women trying to collect Syracuse University College of Law; Scott B. Thomas Ward, Professor of Law, University on their own behalf. The credit industry Ehrlich, Associate Dean and Professor of of Maine School of Law; Elizabeth Warren, carefully avoids discussing the increased Law, California Western School of Law; Leo Gottlieb Professor of Law, Harvard Law post-bankruptcy competition facing women Thomas L. Eovaldi, Professor of Law, North- School; Jay L. Westbrook, Benno C. Schmidt if S. 625 becomes law. As a matter of public western University School of Law. Chair of Business Law, University of Texas policy, does this country want to elevate Jeffrey T. Ferriell, Professor of Law, Cap- School of Law; Michaela M. White, Professor credit card debt to the preferred position of ital University School of Law; Wilson of Law, Creighton University School of Law; taxes and child support? Freyermuth, Associate Professor of Law, Mary Jo Wiggins, Professor of Law, Univer- In addition to the concerns raised on be- University of Missouri-Columbia School of sity of San Diego School of Law; Peter half of the thousands of women who are Law; Christopher W. Frost, Professor of Law, Winship, James Cleo Thompson Sr. Trustee struggling now to collect alimony and child University of Kentucky College of Law; Professor of Law, Southern Methodist Uni- support after their ex-husband’s bank- Nicholas Georgakopoulos, Professor of Law, versity School of Law.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S171 ORGANIZATIONS OPPOSED TO S. 625, THE You can pass this legislation but I make the legislation at least a little ‘‘BANKRUPTCY REFORM ACT’’ am not going to let you get by with bit more fair and balanced. Among the organizations that have voiced that claim. First, let me speak to my payday their opposition to S. 625 are: The truth is that notwithstanding the loan amendment. This is one that AFL–CIO, Alliance for Justice, American should have the vote of 100 Senators. Association of University Women, American pleas of the bill’s proponents, this legislation Federation of Government Employees does not help women and children. Thirty- This amendment would prevent claims (AFGE), American Federation of State, one organizations devoted exclusively to pro- in bankruptcy on high-cost trans- County and Municipal Employees moting the best interests of women and chil- actions in which the annual rate ex- (AFSCME), American Medical Women’s As- dren continue to oppose this pending bank- ceeds 100 percent. That is what I am sociation, Association for Children for En- ruptcy bill. The concerns expressed in the going to ask Senators to vote on. We professors’ letter of September 7 regarding forcement of Support, Inc. (ACES), Business would prevent claims in bankruptcy on and Professional Women/USA, Center for how S. 625 would hurt women and children have not been resolved—they have not even transactions in which the annual rate Law and Social Policy, Center for the Ad- exceeds 100 percent—such as payday vancement of Public Policy, Center for the been addressed. Child Care Workforce, Church Women Reading from one other section of loans and car title pawns. Now, these United, Coalition of Labor Union Women, the letter: loans are marketed as giving the bor- rower a ‘‘little extra until payday.’’ Communications Workers of America, Con- We also express our concerns on behalf of sumer Federation of America, Consumers Do you know what happens with the more than half a million women heads of Union, Equal Rights Advocates. household who will file for bankruptcy this these loans? It is incredible. You have Feminist Majority, Hadassh, International year alone. As the heads of the economically hard-pressed people, poor people, senior Association of Machinists & Aerospace citizens, women, people of color, people Workers (IAM), International Brotherhood of most vulnerable families, they have a special Boilermakers, Iron Ship Builders, Black- stake in the pending legislation. Women who live in our rural and urban areas, smiths, Forgers & Helpers, International heads of households are now the largest de- and they can’t get the credit any other Brotherhood of Teamsters, International mographic group in bankruptcy and accord- way, so they get a loan for $100, which Women’s Insolvency & Restructuring Confed- ing to the credit industry’s own data, they will hold them over until they get their eration, Ralph Nader, National Association are the poorest. The provisions in this bill, paycheck. They get charged these huge of Commissions for Women, National Black particularly the provisions that apply with- out regard to income, will fall hardest on fees—15 percent or more. These credit Women’s Health Project, National Center for companies, unscrupulous companies, Youth Law, National Consumer Law Center, them. A single mother with dependent chil- National Council of Jewish Women, National dren who is hopelessly insolvent and whose can put a lien on their car and even re- Council of Negro Women, National Council income is far below the national median in- quire that they give them the key to of Senior Citizens, National Organization for come still would have her bankruptcy case the car, and then when they can’t pay Women, National Partnership for Women dismissed if she does not present copies of in- it back—which is often the case—they and Families, National Women’s Conference. come tax returns for the past three years— just keep rolling the loan over and over National Women’s Law Center, Northwest even if those returns are in the possession of and over again. For example, a $15 fee her ex-husband. A single mother who hoped Women’s Law Center, NOW Legal Defense on a 2-week loan of $100 ends up being and Education Fund, Public Citizen, Union to work through a chapter 13 payment plan of Needletrades, Industrial & Textile Em- would be forced to pay every penny of the en- an annual rate of about 391 percent be- ployees (UNITE), United Automobile, Aero- tire debt owed on almost worthless items of cause people ask for the loans over and space and Agricultural Implement Workers collateral, such as used furniture or chil- over again. Rates can be actually as of America/UAW, United Food & Commercial dren’s clothes, even if it meant that success- high as 2,000 percent per year, or they Workers International Union, United Steel- ful completion of the repayment plan was take title to the car. workers of America, U.S. Public Interest Re- impossible. This is absolutely incredible. Some- search Group, Wider Opportunities for I don’t think the choice could be one can take out a $100 loan, and the Women, The Woman Activist Fund, Women framed any more starkly. Here is the car might be worth $2,000, and these Employed, Women Work!, Women’s Institute for Freedom of the Press, Women’s Law Cen- core question: companies that we don’t do a darn ter of Maryland, Inc., YWCA of the U.S.A. Will Senators be on the side of these thing about—I know some of the na- Mr. WELLSTONE. The letter begins: women who are struggling to raise tional media has had some exposure, In a letter to you, dated September 7, 82 their families or do they see these thank God. I just hope the Senate is professors of bankruptcy law from across women as the banks and the credit sensitive to this question. They are this country expressed their grave concerns card companies do—as an economic op- hard-pressed people with nowhere to go about some of the provisions of S. 625. In a portunity, ripe for exploitation? for a $100 loan. Maybe there has been public letter dated September 16, two profes- Mr. President, I hope my colleagues an illness in the family or the car sors took the opposing view. One of the prin- will recognize as they take a second broke down, or whatever the case is. cipal concerns of the 82 law professors was look at this legislation that a vote for They end up getting charged 300, 400, that S. 625 may adversely affect women and this bill is a vote against consumers; it children. 500, 600 percent. Then they get harassed Proponents of the bill—namely, the con- is against women, it is against chil- and they say: We have the check you sumer credit industry—have responded to dren, and it is against working fami- made out to us. We are going to cash the concerns raised about the effects of the lies. the check and you will be charged with bill on women and children with a media I believe our country and our society writing a bad check and you can go to blitz.... and this Senate should be judged by prison. These are unscrupulous prac- They have the money for a media how we treat our society’s most vul- tices. If the car is worth $2,000, they blitz. These women and children don’t nerable members. By this standard, can basically repossess the car, sell the have the money for that. this is an exceptionally harsh piece of car, and in a lot of States they don’t . . . trumpeting the view that ‘‘Bank- legislation. All the consumer groups even have to give back to the owner ruptcy reform helps women and children.’’ A oppose this bill; 31 organizations that anything that they make over what the September 14 letter from the consumer cred- are devoted to women and children’s owner owed them. Can you imagine it issuers proclaims that ‘‘S. 625 vastly im- issues oppose this bill. that that goes on in this country? Why proves the position of women and children The two amendments I will speak to who depend on family support payments in this ‘‘bankruptcy reform’’ legisla- from an absent parent who has filed for after I have given them context are my tion have we not at least paid a little bankruptcy.’’ A full-page advertisement also payday loan amendment, which would bit more attention to how we can pro- dated September 14 asserts, ‘‘The truth is curb a form of predatory lending that tect some of our consumers? that bankruptcy reform gives much-needed targets low- and moderate-income and Now, nobody needs to charge this help to single parents and their children who working families, and the low-cost, type of interest rate for a loan. Indeed, are dependent on family support payments.’’ basic banking amendment, which this industry is grossly profitable as a The advertisement cautions in large type: would require big banks with more result. Stephens Incorporated, one of ‘‘Distorting the facts about reform helps no than $200 million in assets to offer low- our investors, says they can expect a one.’’ The undersigned professors agree that ‘‘distorting the facts about reform helps no cost, basic banking services to cus- return of 48 percent in 9 months to a one.’’ The real distortion is the assertion tomers if they wish to be able to make year and can expect profit margins in that S. 625 would benefit women and chil- claims against the debtors in bank- excess of 30 percent. Stevens Incor- dren. ruptcy proceedings. I think that would porated reported that there were 6,000

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S172 CONGRESSIONAL RECORD — SENATE February 1, 2000 storefronts making payday loans in most vulnerable—and these are the their customers.’’ Additionally, the 1999 across the country but estimates kinds of loans they are dependent company required borrowers to list the potential ‘‘mature’’ market as upon, where the terms are out- four references on the loan application. being 24,000 stores nationwide gener- rageous—only somebody with no alter- But the references weren’t used for the ating $6 billion in fees. With these native would seek to borrow money at loan approval, instead Nationwide kinds of profits, only your conscience such scandalous rates. would place harassing to the people will keep you out of this business. The Consumer Federation of America listed if the borrower defaulted. With these kinds of profits, only your noted in a September 1999 report enti- That is why this amendment amends conscience will keep you out of this tled ‘‘Safe harbor for Usury’’ that, the Fair Debt Collection Practices Act business. It is amazing. You make quote: to prohibit coercive collecting tactics these loans, you say you are going to Consumers who are desperate enough for in lending transactions where deferred help people, you charge them high fees, credit to pay triple digit interest rates for cashing of a check is involved. and you roll it over and over again. two week loans have very little market I should also point out that, at the You end up charging way above 100 per- power to bring rates down. The real costs of very minimum, if we are going to be cent per year. You repossess their car. payday loans made in small sums for very talking about accountability and re- You sell the car. You don’t even give short periods of time may not be clear to un- sophisticated consumers. When lenders deny sponsibility, why don’t we make it a them back the additional money you little more lenient with this piece of make beyond what they owed you. You that their cash advances are ‘loans’ and fail to comply with Truth and Lending Act dis- legislation? It takes two to tango. do all this with impunity, and these closures of Annual Percentage Rates, con- These unscrupulous credit card compa- are the poorest people, most vulnerable sumers do not have the key price tag needed nies have something to do with bank- people who are targeted, and we don’t to comparison shop for credit. If, as the in- ruptcy. have anything in this legislation to dustry claims, payday loan customers have Such loans are patently abusive. protect them. Let me tell you, Sen- nowhere else to go for small loans, rate regu- They should not be protected by the lation is necessary to prevent abuse of a cap- ators, if you want to protect them, you bankruptcy system. And because they will and you should vote for this tive market. are so expensive, they should be com- amendment. That is what is going on. The indus- pletely dischargeable in bankruptcy so I say to my colleagues that these try is saying to Senators: Oh, no, you that debtors can get a true fresh start, sleazy debt merchants, expanding their can’t do anything about this because and so that more responsible lenders’ tentacles into our cities and towns, are these people are desperate and they claims are not ‘‘crowded out’’ by these the mirror image of the retreat of our come to us for loans and we perform a shifty operators. Main Street and mainstream financial vital service. But does that justify Consider that. Why should we penal- institutions from the same commu- scandalous fees? On the contrary, it ize some of our good companies that nities. Some of my colleagues on the justifies stringent regulation to pro- are responsible lenders by letting these floor know this. When we had our com- tect the most vulnerable citizens. What unscrupulous loan sharks be at the munity banks and smaller banks, they are we about if we cannot at least ex- table? Why should unscrupulous lend- cared. They helped small businesses tend this kind of protection? out and helped out hard-pressed people. If it is poor credit which drives a bor- ers have equal standing in bankruptcy They were willing to help out. But now rower to a payday lender, the borrower court with a community banker or a that we have moved to these branch is likely to find himself in still deeper credit union that tries to do right by banks and all of this consolidation, water after taking one of these high in- their customers? And lenders should they don’t. So people have to rely on terest loans. For example, in Ten- not be able to take advantage of their these kinds of loans. nessee—the state with the highest customers’ vulnerability through har- According to an analysis by the bro- bankruptcy rate in the country—pay- assment and coercion. That is what this amendment is kerage firm Piper Jaffrey, as reported day lending is becoming an increasing about. in the Washington Post, ‘‘established problem for the bankruptcy system. As customers’’ of one payday lender en- Mr. President, my amendment sim- one Chapter 13 bankruptcy trustee, as gaged in 11 transactions a year and ply says: if you charge over 100% an- quoted in the March 18th edition of The could end up paying $165 to $330 for a nual interest on a loan, and the bor- Tennessean put it, quote: $100 loan. rower goes bankrupt, you cannot make This vote is going to be watched. I see them (payday lenders) as the last a claim on that loan or the fees from This is one I think national media will straw. I would certainly say they are compounding the problem. We are dealing the loan. pay attention to because we have had with a bankruptcy filing rate that’s through Colleagues, you have such a clear some horror stories. We know about the roof. You are looking at one of the basic choice. There is no reason in the world what has happened to people. The ques- causes: lending to people who are not credit that you should not vote for this tion is, Whose side are we on? Are we worthy and extracting exorbitant interest amendment. on the side of vulnerable people or on rates from them. I grant you that I come to the floor the side of single-parent households Why aren’t we doing something today to speak for some people who headed by women, on the side of chil- about this? This amendment says if haven’t been included in the system. dren, or are we on the side of these un- you have a 100-percent interest charge They are just poor and they are vulner- scrupulous credit card companies? over a year, you are not at the table able, and therefore they are fair game The following June 18 New York when it comes to bankruptcy, and the for these companies. Times piece is typical of the horror collections of these payday loans can I have just said to you that my stories associated with payday lending: be coercive. amendment says if you charge over 100 Shari Harris, who earns around $25,000 a For example, in September, the Cook percent as an interest rate and the bor- year as an information security analyst, was County, Illinois State’s Attorney filed rower goes bankrupt, you cannot make managing money well enough until the fa- ther of her two children, 10 and 4, stopped suit against Nationwide Budget Fi- a claim on that loan or on the fees on paying $1,200 in child support. ‘‘And then,’’ nance, a St. Louis based payday lender, the loan. Ms. Harris said, ‘‘I learned about the payday alleging multiple violations of Illinois Why don’t we make the legislation loan places.’’ She qualified immediately for a Consumer Installment Loan Act and just a teeny bit fairer? Why don’t we two-week $150 loan at Check Into Cash, Consumer Fraud Act, charging that have just a little bit more balance? handing it a check for $183 to include the $33 Nationwide threatened consumers with Why don’t we go after these unscrupu- fee. ‘‘I started maneuvering my way around criminal charges and lawsuits when it lous operators? until I was with seven of them,’’ she said. In six months, she owed $1,900 and was paying had no intention of taking such action. The second amendment I’ve offered fees at a rate of $6,000 a year. ‘‘That’s the The State’s attorney stated, quote: on this bill is my low cost, basic bank- sickness of it,’’ Ms. Harris said. ‘‘I was in a ‘‘Apparently, pay day loan businesses ing amendment. This important con- hole worse than when I started. I had to fig- are so lucrative that it is more cost-ef- sumer amendment would require big ure out a way to get out of it.’’ fective to write off bad debts rather banks with more that $200 million in Mr. President, here is where we are. than to try and collect them, even assets to offer low-cost basic banking If you have desperate customers—the though they harass and intimidate services to their customers if they wish

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S173 to be able to make claims against debt- What in the world is going to happen two amendments, the payday loan ors in bankruptcy proceedings. to seniors? What is going to happen to amendment and the lifeline banking We have been talking about responsi- low-income elderly people? As the U.S. amendment, are antibankruptcy bility. What about the responsibility of Government begins to make the shift amendments. A vote for either of these the banks and the lending institutions to electronic distribution of benefits, amendments is a vote to promote re- to offer inexpensive means to conduct pensions, and wages, consumers must sponsible financial habits among con- financial transactions and to save have access to banking services. Now sumers and responsible lending from money for low-income people? more than ever, the 6.5 million recipi- the credit card companies—responsible Right now, the minimum balance ents of Social Security and SSI, the lending from the credit card compa- that people are supposed to have in Supplemental Security Income pro- nies. A vote against these amendments their accounts and the high fees mean gram, who do not have a checking ac- sanctions the abandonment by big that for about 12 million Americans, count, will face even a steeper uphill banks of poor people and, increasingly, they can’t afford to open up an ac- battle in their attempts to access these the middle class, and ratifies the stran- count; they can’t afford to have a funds. They currently cannot afford glehold that unscrupulous lenders have checking account. What happens when the monthly fees, nor do they have the on low-income and moderate-income people can’t afford to open up a check- money to keep the minimum balance and working families. There is no ing account? They are forced to com- in their checking accounts necessary doubt in my mind this is a flawed piece plete their financial transactions ei- to complete these financial trans- of legislation. It punishes the vulner- ther through costly check-cashing op- actions. able and rewards the big banks and erations or they carry around whatever What are we saying to senior citizens credit card companies for their own sums of money they have when they go who in the future will need a bank sim- poor practices. out to purchase groceries or to pay ply to get their electronically trans- Earlier I used the word ‘‘injustice’’ to their rent. These are risks that people ferred Social Security check? Let’s not describe this legislation. That is ex- should not have to take. forget that it is not just the financial actly right. It will be a bitter irony if For example, ACE Cash Express, a giants that are affected by this process the creditors are able to use a crisis, national check-cashing company, of modernization. It is everyone. We largely of their own making, to con- charges between 3 and 6 percent of a should not try to close the door to low- vince Congress to reduce borrowers’ ac- check’s value to convert the check into income consumers who desperately cess to bankruptcy relief. That is ex- cash. That is what poor people are need access to basic banking services. actly what is going on. forced to do. There would be a charge If we provide wider access to bank ac- I said at the beginning of my state- of between $15 and $30 on a paycheck of counts, we will reduce bankruptcy, we ment that real bankruptcy reform $500. While that may not seem to be will promote financial literacy, and we would address the concentration of fi- much money to many of my colleagues, will reduce low- and moderate-income nancial markets, which are increasing to many low- and moderate-income families’ reliance on high-cost check the power and clout of the big banks families who live paycheck to pay- and credit card companies to unprece- check, that $30 could be a meal; that cashers and payday lenders. Why should bankers who are unwill- dented levels. It would make working $30 could be a piece of clothing they ing to promote the general good be families more secure. It would deal could buy for their child; that $30 could given the same standing in bankruptcy with the crisis in agriculture and what mean they could go visit a doctor. We have been passing legislation that court as those who do? I am tired of is happening in rural America. It would has driven these small banks out, that seeing the folks in the private sector address skyrocketing medical ex- has led to all of these mergers and ac- who do the right thing being put at a penses. It would confront the economic quisitions, with these huge branch competitive disadvantage because their balkanization of the country. It would banks making billions and billions of competitors will not. confront the increasing chasm between dollars. All I am saying is, why can’t I will conclude by characterizing the the wealthy and the rest of America. we at least say to them: You have some debate this way: Over the past several But instead of lifting up low-income community responsibility; you ought decades, our economy has become more and moderate-income and working-in- to at least give people low-cost basic and more balkanized. We have, indeed, come families, this bill punishes them. bank services. If you do not, then you seen an economy that is booming. But I hope my colleagues reject this legis- are not at the table in bankruptcy pro- I come from a State where we have had lation. I strongly urge the Senate to at ceedings against such a bank. an economic convulsion in agriculture least provide some balance to this leg- This amendment focuses on banks and our family farmers and our rural islation and to accept my amendments. with more than $200 million. I want to citizens are falling behind. The U.S. I have also a document from the De- be crystal clear that I am not talking economy is becoming more and more partment of Labor, written by an offi- about the smaller banks because the balkanized. More wealth and more eco- cer, Capt. Robert W. ‘‘Andy’’ Andersen, smaller banks have done a good job. nomic power is concentrated among a and I believe this was written to Sen- Much of my work is in rural America. few. What we have been doing in the ator LIEBERMAN. In this letter, he is The smaller banks and the community Senate over the past several years is talking about these payday loans. banks have done a good job. They go passing legislation which provides the What he is saying is we have this prob- out of their way to help. But the prob- lion’s share of benefits for those at the lem in the military. We have our mili- lem is that these small community top of the heap, those with the big tary people who are underpaid—we banks that have been connected to bucks. The two amendments I have in- know all about this—so they end up Main Street have been connected by troduced give us an opportunity, in a having to rely on these payday loans, these huge financial conglomerates small way, to reverse this trend. and the same thing happens to them, that are much more connected to Wall This bill is already an enormous give- to men and women in the Armed Street. They don’t really know the peo- away to the financial services industry. Forces. We do not pay them enough, we ple. They don’t know them at all. They It basically rewards lenders for their don’t reward their work, we don’t pro- sure as heck don’t go out of their way aggressive, irresponsible lending hab- vide them the salaries they and their to help them. its. I went over that already. So I say families deserve—just like other low- Would this amendment present an to colleagues, since we seem to be on and moderate-income people—and then unfair burden to these larger banks, as our way to changing the rules for they rely on these payday loans. They some of my colleagues may argue? Not America’s working families with this are desperate. They take out a loan for according to a survey of the Consumer legislation, since we seem to be about $100 which then gets rolled over and Bankers Association. According to the to ratify the scandalous lending prac- over and over again or have liens put CBA, 70 percent of the institutions tices of the banking industry, let the on their car, they lose that car, they found that offering a basic bank ac- Senate adopt several amendments that get charged interest rates of 300, 400, count did not result in a financial loss balances this legislation. Both of these 500 or 600 percent a year, and it is a liv- for their bank or impose a burden on amendments test whether we are seri- ing hell for their families, because of their operation. ous about curbing bankruptcy. These the same practices by unscrupulous

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S174 CONGRESSIONAL RECORD — SENATE February 1, 2000 lenders who are making billions of dol- trust laws both within the Justice De- budget and paying down some of the lars. I think we ought to be on the side partment and the Federal Trade Com- national debt and is on the road to pay- of these men and women in our mili- mission. There is a general feeling ing down the national debt very dra- tary who are confronted with this. among people about whether the mar- matically over the next 10 to 15 years. But you know what, I am not going ketplace is working adequately and, We also have a situation where some- to use this as the big emotional argu- consequently, support the antitrust how financial responsibility is not con- ment in this debate. It is not just the laws. The antitrust laws are well writ- sidered a personal responsibility any- military. It is low- and moderate-in- ten and have withstood a period of more. In other words, it is OK to go come people. It is men and women in time, but enforcement is very much an into debt and not pay your bills. There the Armed Forces. It is a lot of single- issue. used to be a certain amount of shame parent families, I am sorry to say most We are not talking about concentra- connected with bankruptcy that does of them headed by women. It is some of tion, and we are not talking about en- not seem to be there now. our senior citizens. Contrary to the forcement of the antitrust laws when I gave four reasons—and there may stereotype, the income profile of elder- we deal with bankruptcy. We have a be a lot more—of why we are probably ly Minnesotans and elderly people in very real problem. We have seen a dra- in this situation where we have had 18 Utah and around the country is not matic increase in bankruptcies over years of economic expansion since the very high. It is basically the most vul- the last 6 or 7 years. In 1993, we had second year of the Reagan administra- nerable citizens in our country. 875,202 bankruptcies, and in 1998, it tion and yet have a historically high I will speak to this payday loan. I shot up to 1,442,549. number of bankruptcies, and during would like to know why in the world We have seen this dramatic increase the best years of our economy, we have there would be opposition to this in the number of bankruptcies during seen bankruptcies almost double in a amendment. We are saying if you are one of the most prosperous times in the period of 6 or 7 years. charging over 100 percent interest a history of our country. It has been the Consequently, we have this legisla- year, you are not going to be at the most prosperous for several reasons: tion before us. I do not disregard the table. I thought we were on the side of One, information technology is helping words of the Senator from Minnesota consumers when it comes to people to expand our economy and make it that there are some people who are vul- being charged exorbitant fees and in- more efficient than ever before. nerable and for whom we need to be terest rates. It says you cannot use The globalization of our economy has concerned, but I say to the Senator these coercive practices that the State also reduced consumer costs, giving from Minnesota, we are not extin- of Illinois is going after these con- consumers more money to expend on guishing the principle that has been a sumers on wherein they threaten peo- other things. We have seen Congress part of the bankruptcy law for the last balance the budget in the last 3 years, ple and tell them they are going to 102 years, permanent bankruptcy legis- and it worked toward that for the last cash their checks and then they are lation. There are segments of our popu- 6 years and made considerable going to end up going to prison. lation in bad financial trouble, through I believe the vote on these amend- progress. Now we are paying down the no fault of their own, who need the ments—and I am going to focus on the national debt for the third year in a help of bankruptcy. That could be payday amendment—is a test case. row. All that has contributed to it. death, divorce, a lot of medical ex- We are in the 18th year of economic This is a test case vote. Whatever you penses, a natural disaster, for instance, expansion, which started in the second think about the overall bill—I have if you are a farmer or some other small year of Ronald Reagan’s administra- businessperson, or maybe even a home- laid out my case against it—on this tion. We had a turnaround in the econ- owner who had a natural disaster that amendment this is a test case as to omy after the stagflation of the seven- was not properly insured. whether or not we can at least provide ties, and except for a 6-month period of Our code says there are select groups some protection to the most vulnerable time in 1992, we have had 18 years of of people who are in a bad financial sit- citizens, whether or not we are on the economic expansion. During that pe- uation, through no fault of their own, side of the most vulnerable people, riod of economic expansion, we have who should have a fresh start. I say to women and children, whether we are on had this very dramatic increase in the Senator from Minnesota and all the the side of low- and moderate-income, bankruptcies. working-income families, whether we Why? I wish I could say there is just other Senators who question this legis- are on the side of hard-pressed people, one reason, as the Senator from Min- lation, we keep that principle, but we whether we are on the side of regular nesota seems to imply; that it is credit also say this Congress has to send a people, whether we are on the side of being extended too easily, too many clear signal to the 270 million people in ordinary citizens, or whether we are on credit cards. I agree that is a reason, this country that if you have the abil- the side of unscrupulous loan shark but that is only one of the reasons. ity to repay some or all of your debt, companies that have no conscience and Another reason is we have a bank- you are not going to get off scot-free. no soul and exploit people. ruptcy bar that has, quite frankly, en- There are large numbers of people who I urge my colleagues to support this couraged bankruptcies. We have shown are getting off scot-free, albeit they amendment, and I yield the floor. during previous debates on this bill may be a minority, but they are a sig- The PRESIDING OFFICER (Mr. where bankruptcy lawyers in Cali- nificant minority, and it does not set a HATCH). Who seeks recognition? The fornia advertise in the media how to very good example for some people to Senator from Iowa. get out of paying alimony and child be able to use the bankruptcy code as Mr. GRASSLEY. Mr. President, it is support by going into bankruptcy. part of financial planning. always a pleasure to listen to the Sen- These types of practices, obviously, are We are saying to those who can repay ator from Minnesota because whether not ethical but are still being used. that they have to repay, but we are he is right or wrong, he always speaks We also have the bad example set by also sending a signal through this leg- with a great deal of passion. I want the Federal Government of 30 years of islation to credit card companies that people who have ideas to have passion deficit spending. If Uncle Sam can bor- are willy-nilly sending out credit cards for those ideas. Senator WELLSTONE is row money into the trillions of dollars that encourage bankruptcy or even a a person who speaks with a great deal over a period of 30 years, isn’t it all lack of personal responsibility. of passion and conviction. right for Mary Smith and Tom Jones We are saying it has to be a new day. I disagree with a lot of the points he or the people who are working in Any- We want to discourage those people has made; otherwise, we would not where USA to go into debt as well? who maybe are low income, who should have this legislation before us. On the Uncle Sam did not set a very good ex- not have gotten, through their own other hand, on the subject of con- ample. Congress, doing the fiscal policy fault, into debt, and are not in the clas- centration, which he brought up, I have for Uncle Sam, did not set a very good sification of people who I say are enti- some sympathy for what he has said. example. It says to others: Yes, it’s OK tled to a fresh start—that somehow The solution to the concentration for you to go in debt. they should think again about going problem is we should get this adminis- The Federal Government has turned into bankruptcy and only use bank- tration to vigorously enforce the anti- that around in 3 years by balancing the ruptcy as a last resort.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S175 We find that the 1978 law, obviously, sonal responsibility which goes with state, in detail, how the 1984 legislation has contributed some to the big in- that economic problem. Perhaps it is has not worked at all, regardless of its crease in bankruptcies. This legislation sending signals to some of the con- good intentions. Because under the 1984 passed by a very wide margin. So I do sumers to think twice about whether legislation, creditors are banned by law not think it was intended that the 1978 bankruptcy is the right direction to go from bringing evidence of abuse to the law ought to make it easier to go into in. Maybe it sent a signal to some of attention of the judge. bankruptcy. But, obviously, it sent the bankruptcy lawyers in America to Here we have a law that says if there that signal to a lot of people in Amer- counsel people not to go into bank- is substantial abuse of the bankruptcy ica, as we have seen that the number of ruptcy. code, then the judge can determine bankruptcies in 1980 was only 331,000 I hope the leadership of this Congress that that certain bankrupt does not and now 18 years later, in 1998, the fig- over the last 3 years, in discussing this have a right to be in bankruptcy court. ures are 1,442,000. legislation—actually having passed it But then we have another section that Something has happened recently. in the last Congress in both Houses, says creditors who might know about Again, I do not pretend to stand before but not getting the final product to the this abuse cannot bring evidence of the American people, or my colleagues President in time before adjournment— that abuse to bankruptcy court. in the Senate, and say passing a law is has done some good. So it seems that the 1984 legislation going to solve all these problems. I So we have had a very modest decline was designed not to work. We correct wish it would. It is going to be a com- in bankruptcies in 1999 as compared to that in this legislation by making it bination of several things: the credit 1998. But if you take the historical possible for people to bring evidence of card companies or credit-granting com- look—and I have referred to some of such substantial abuse to the bank- panies to be more careful in who they those figures since 1980—Senator ruptcy judge, for it to be considered, grant credit to; a Congress to be finan- WELLSTONE’s point that the bank- and if the judge agrees, then that per- cially responsible and, hence, set a ruptcy crisis is going away turns out to son cannot continue to abuse the pub- good example for every taxpayer and be false. I have referred to the 330,000 lic at large by making misuse of the citizen in this country that debt isn’t bankruptcies we had in 1980, the year bankruptcy courts to get out of paying OK; the bankruptcy bar to be a little the new code went into effect. But that debt. more careful about encouraging people has gone up to just under 1.4 million in I also remember the Senator saying to go into bankruptcy and not to ad- 1999. Unlike the Senator from Min- that tightening bankruptcy law will vertise that bankruptcy is OK as a way nesota, I think 1.4 million bankruptcies not reduce the costs of bankruptcy. All out; and then the law itself, by discour- per year is a real crisis. I can say is, the Clinton administra- aging people who can repay to use the In the past, in the middle 1980s, and tion’s own Treasury Secretary, Larry bankruptcy code for financial plan- even once during the 1990s, we have had Summers, said in one of our hearings ning. some minor dips in the bankruptcy fil- that reducing bankruptcies could help In this whole process, I hope we then ings; but since then, as I have referred reduce interest rates. And what helps enhance personal responsibility. By en- to, we have had this dramatic increase, lower-income people more in America hancing personal responsibility, then almost doubling, in the last 6 or 7 than reducing interest rates? we can reduce these numbers of bank- years. It really helps the very people the ruptcies and then reduce the economic I ask unanimous consent to have Senator from Minnesota speaks of as problem we have—because we are not printed in the RECORD a table of the being vulnerable and as a class of citi- talking about something that does not total filings, business filings, nonbusi- zens about whom we should all have make an impact upon everybody. ness filings, and the percentage of con- concern, and I believe all do have con- Some people have put this at a $40 sumer filings of total filings. cern. billion problem—$40 billion owed by There being no objection, the mate- I have an example of a vulnerable those who go into bankruptcy and do rial was ordered to be printed in the person at the other end, a person who not pay. Then every other consumer in RECORD, as follows: has been substantially harmed by America picks up part of that tab. We somebody who went into bankruptcy. have no doubt about it, if you are shop- U.S. BANKRUPTCY FILINGS 1980–1998 It isn’t just people who go into debt lifting, the honest consumer, who does [Business, Non-Business, Total] who are vulnerable and can be hurt by not shoplift, is going to pay the cost of bankruptcy; there are a lot of other Consumer fil- shoplifting. This is somewhat the Business fil- Non-business ings as a per- hard-working people who are hurt by same. If you are a businessperson, and Year Totals filings ings filings centage of other people who go into bankruptcy. I somebody does not pay their bills by total filings hope this body will remember that declaring bankruptcy, the honest per- 1980 331,264 43,694 287,570 86.81 every abusive bankruptcy hurts scores 1981 363,943 48,125 315,818 86.78 son buying goods from that same busi- 1982 380,251 69,300 310,951 81.78 of Americans. ness is going to pick up the tab. And 1983 348,880 62,436 286,444 82.10 I will read, without using names, 1984 348,521 64,004 284,517 81.64 from a constituent in Keokuk, IA, $400, on average, for a family of four, is 1985 412,510 71,277 341,233 82.72 what we pay for other people who do 1986 530,438 81,235 449,203 84.69 writing to me about the need for the 1987 577,999 82,446 495,553 85.74 passage of this legislation. She had not pay. 1988 613,465 63,853 549,612 89.59 We hope to enhance personal respon- 1989 679,461 63,235 616,226 90.69 read a headline in the local paper that 1990 782,960 64,853 718,107 91.72 said: The Senate may toughen bank- sibility. We hope to help the economy 1991 943,987 71,549 872,438 92.42 in the process. But most importantly, 1992 971,517 70,643 900,874 92.73 ruptcy laws. 1993 875,202 62,304 812,898 92.88 ‘‘My son’’—I will not use the name— this is something that must be dealt 1994 832,829 52,374 780,455 93.71 with, and I think this legislation deals 1995 926,601 51,959 874,642 94.39 ‘‘works for a local electric company as 1996 1,178,555 53,549 1,125,006 95.46 a meter reader full time during the day with it. 1997 1,404,145 54,027 1,350,118 96.15 That is the background for this legis- 1998 1,442,549 44,367 1,398,182 96.92 and then goes right to work nearly lation. I think it is necessary to give every evening and on Saturdays with some of that background, as I respond Mr. GRASSLEY. The Senator from his own growing washing, vacuuming to some of the specific issues that the Minnesota also made reference to some business. He works so hard to do a good Senator from Minnesota brought up. changes in the bankruptcy code that job for his customers. He takes his re- First of all, he mentioned the point were made by Senator Dole in 1984 sponsibilities as a father of five very that there has been some decline in the which allowed judges to dismiss chap- seriously. During the last 3 to 4 rate of growth of bankruptcies in re- ter 7 cases in cases of—these are the months, he has been doing a job for an cent years. We think that is true. It is words from the statute—‘‘substantial out-of-town gentleman.’’ Then the last a little bit too early to make that judg- abuse’’ of the bankruptcy code. name is given. ‘‘I believe he is in the ment. I hope it is true. I think it is a I spoke to this point a week ago. Ob- Des Moines area. I have learned that he direct result of Congress talking about viously, the Senator from Minnesota has several businesses and is known to this horrible economic problem we did not have an opportunity to hear my be a crook.’’ That is why I don’t want have of $40 billion and the lack of per- remarks. But he would have heard me to use the names; I don’t know whether

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S176 CONGRESSIONAL RECORD — SENATE February 1, 2000 he is a crook or not, but that is the Finally, I wish the Senator from Min- Act on a bankruptcy bill. So to be fair, writer’s judgment. nesota had at least mentioned title II, then, the portion of Senator ‘‘Of course—then she uses the name subtitle A, which is entitled: Abusive WELLSTONE’s amendment changing the of her son—’’ had no idea about this Creditor Practices. We know creditors Fair Debt Collection Practices Act person’s background, but he eagerly can be abusive, and we address that should be stricken out in deference to wanted the work and took the work. He problem to make sure there is a level the jurisdictional objections that have felt especially good about it because playing field between creditors and been lodged by the ranking Democrat one of his men is very poor, one of the debtors when it comes to the bank- on the Banking Committee. So I am workers he hires for his moonlighting ruptcy courts. We have numerous new asking Senator WELLSTONE to listen to business, and so he turned the job over consumer protections. Understand, the arguments of his fellow Democrat to him so he could make extra money. there are some customers who don’t about jurisdiction and respect the ju- ‘‘The sorry ending of this story is, as want to go into bankruptcy, and they risdiction of the particular commit- you might have guessed, just last week try to negotiate with their creditor to tees. Kenny called the original hiring com- avoid going to court. That is a good If the Senator from Minnesota pany where Kenny works directly step we want to preserve and encour- doesn’t want to honor this objection, I doing cleanup jobs. And before he could age. But if that customer then has to think his proposed changes to the Fair talk to the manager about not being declare bankruptcy because of not Debt Collection Practices Act rep- paid by this gentleman from Des being able to negotiate, then the cred- resent poor policy at least. His amend- Moines, Mike told Kenny that he had itor is severely limited in his ability to ment would not say that lenders can’t just called to inform him that he had collect that debt. To me, this is real offer payday loans. His amendment declared bankruptcy. He owed Kenny consumer protection that should not be would say that you aren’t allowed to over $3,600. To him, this might as well forgotten as we vote on this legisla- use State courts to collect the debt, have been $36,000 because of some new, tion. even if the debt is completely legal very expensive equipment purchased to I will now turn to a specific amend- under that same State law. In fact, the be able to handle the additional work. ment the Senator from Minnesota is of- State of Minnesota specifically allows ‘‘Something must be done to keep fering as well and to oppose his amend- crooks from sticking hard-working payday loans, as does my home State ment that is referred to as the payday people like my son, who associate with of Iowa. I don’t think the Federal Gov- loan. For those who don’t know, this him in good faith, from dropping the ernment has any business telling State type of loan happens when a borrower hatchet—you know the numbers when judges they can’t enforce debts that gives a personal check to someone else it comes to poor management—and are fully legal under the laws of that and that person gives the borrower then take the easy way out at everyone particular State. I would have con- cash in an amount less than the else’s expense.’’ Then in capital letters: fidence in my State legislature cor- amount of the personal check. The ‘‘It is wrong and it should not be al- recting this economic and social prob- check isn’t cashed if the borrower re- lowed.’’ lem, if it is one in our State. I haven’t So there are hard-working mothers deems the check for its full value with- studied it enough to know whether it and fathers in America, I say to the in 2 weeks. The fact is that payday is, but I have confidence that my State Senator from Minnesota, who are vul- loans are completely legal transactions legislators would correct that. I hope nerable and hurt by other people who in many States. If a financial trans- the Senator from Minnesota has the take advantage of them and go into action is explicitly legal under State same confidence that his State legisla- bankruptcy. law, to me, it isn’t wise that we use the tors know what is best for Minnesota, On another point the Senator from bankruptcy code to try to undo that not those of us in the Congress of the Minnesota made, perhaps he isn’t transaction. United States. aware that the organization of prosecu- First of all, using the bankruptcy I also think this amendment would tors who enforce child support says code for this purpose leads to perverse have the effect of making it harder for this bill, S. 625, will help women and results because the only people who the poor and those with bad credit his- children who are owed child support. will receive any benefit or relief will be tories to gain access to cash—the very On this point, in fact, there is no point. those who file for bankruptcy. Then people the Senator from Minnesota is Both parties have worked hard on this you have all those other people who are so concerned about because, in his legislation in the compromises that using payday loans who never file for words, ‘‘they are so vulnerable.’’ Peo- have taken place over the last 2 or 3 bankruptcy. These people who have ple who use payday loans simply can’t years. We are not going to let people taken out loans but don’t take the easy get loans through traditional sources use the bankruptcy code to get out of way out in bankruptcy court will still because they are too risky, so a payday paying child support. Yet we are still have to pay back their loan. So if this loan may be the only way they can get hearing, this very day, that old argu- is a problem, it seems to me the Sen- quick cash to pay for family emer- ment that may have had some credi- ator from Minnesota ought to work to gencies or essential home and auto re- bility 2 or 3 years ago but that we had help everybody, not only those who go pairs. taken care of almost that long ago be- into bankruptcy court. Then you also I know the intentions of my good cause it was a very important point have the perverse result of people who friend from Minnesota are honorable, raised. But those points are still being don’t have the money to file for bank- but the effect of this amendment would made. ruptcy who will have to pay the loan as be to make it harder for poor people to So I ask my colleagues, as they con- agreed. Even if you share Senator get help when they need that help the sider that point made by the Senator WELLSTONE’s distaste for payday loans, most. I hope this amendment by the from Minnesota, to whom are you this amendment won’t benefit the Senator from Minnesota will be de- going to listen: The people who actu- poorest of the poor because most of the feated. ally collect child support—that is, the poorest of the poor don’t seek bank- I yield the floor. organization of prosecutors who en- ruptcy relief. The PRESIDING OFFICER (Mr. force child support who say this is a Earlier during the course of the de- BURNS). The Chair recognizes the Sen- good bill and will help women and chil- bate, my colleague from Utah, Senator ator from Utah. dren—or are you going to listen to HATCH, sought to include language in Mr. HATCH. Mr. President, I rise to Washington special interest think an amendment that would have speak in opposition to the amendments tanks that are using smoke and mir- changed the Fair Debt Collection Prac- offered by the distinguished Senator rors to say this bill will make it more tices Act. This act is in the jurisdiction from Minnesota. His amendment is, in difficult to collect child support? I of the Banking Committee. At that fact, two amendments—one to the think those who prosecute know the very time, the ranking Democrat on bankruptcy laws and one to the Fair difficulty of collecting that. I hope my the Banking Committee, the Senator Debt Collection Practices Act. colleagues will listen to the prosecu- from Maryland, indicated that he The debt collection amendment tors who get child support who say this would not consent to allowing changes would prohibit anyone, such as a gro- bill will help women and children. to the Fair Debt Collection Practices cery store or a hotel, who cashes

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S177 checks for a fee and defers depositing cause the bank did not offer Steve tended to help people get through one the check from notifying the writer of Forbes a ‘‘low’’ or no fee checking ac- rough pay period, a disturbingly high a check which is later bounced that count. Let me substitute Bill Gates’ number of payday borrowers appar- they will seek civil or criminal pen- name for Steve Forbes here. ently soon discover that they can’t pay alties for that bounced check. It is im- I should also note that this amend- their loan off immediately, and so they portant to keep in mind that under ment does not describe what a ‘‘low end up rolling their loan over for an- most State laws writing bad checks is fee’’ account is. Whose standard of low other—and another, and another— a crime and many States allow for civil are we to base this dictated fee on? term. According to a study by the Indi- and/or criminal penalties against those This is bad policy that would effec- ana Department of Financial Institu- who write fraudulent checks. tively dictate to banks the specific tions, 77 percent of all payday loan The other part of this amendment services they must offer, whether or transactions are rollover transactions, would disallow in bankruptcy claims not consumers need or want them. This and the average annual number of re- arising from a deferred deposit loan—a is Government interference with free newals per borrower is over ten. As a so-called payday loan—if the annual markets at its worse. Whenever such result, consumers can end up paying percentage rate of the loan exceeds 100 rules are forced on businesses, the off- amounts in interest and fees that dwarf percent. setting costs inevitably occur. In other their initial loans—and make it very Although well intentioned, this words, consumers will end up paying difficult for them to repay the prin- amendment is misplaced. So-called for mandated low fee or free checking cipal. One borrower in Kentucky, for payday loans are made when a bor- in the form of higher prices for other example, ended up paying $1,000 in fees rower writes a check for the loan services. Alternatively, other services for a loan of only $150 over a period of amount plus a fee. The lender typically by banks may be discontinued to offset six months—and the borrower still gives the borrower the loan amount the costs of these new requirements, owed the $150. It is cases like these and holds the check until a future date. not to mention the costs of the pen- that has led the Consumer Federation In making payday loans, these lenders alties. I don’t believe this kind of regu- of America to call payday lending provide a vital service to the poorest latory interference with the markets is ‘‘legal loan sharking.’’ As the Amer- borrowers. Because sometimes it is either warranted or wise. I urge col- ican Association of Retired Persons more convenient to go to a hotel, gro- leagues to oppose this amendment. (AARP) stated in written testimony cery store, gas station, or other similar Mr. LIEBERMAN. Mr. President, I provided for the forum: businesses that may keep longer hours thank the Senator from Minnesota for It is not difficult to see how a borrower than banks, many consumers choose to raising this important consumer issue. could become mired in debt. A person so des- cash a check at these types of places Seven weeks ago, I held a forum on perate for money that he or she is willing to payday lending to help educate myself pay a three-digit APR is not likely to have when they need small amounts of the cash—plus the fee—two weeks after tak- money to overcome an emergency. and the public on this troubling con- ing out a loan. . . . Taking out a loan at 391% With this check cashing service, bor- sumer credit practice. At the forum, we APR, with the obligation to repay the prin- rowers can get the emergency cash heard from representatives of the pay- cipal and interest charge in two weeks, is not they need without telling the boss they day industry, consumer advocates, going to help consumers who do not have the need a cash advance or giving up their state regulators, and a credit union cash to cover the checks they write. (empha- televisions and furniture. This is a le- representative. We also were fortunate sis in original) gitimate service that many honest con- to hear from two Navy servicemen, one And that’s not the worst of it: state sumers use and in which established a payday borrower and one a com- efforts to control rollovers appear to be businesses engage. mander who provides financial coun- failing; lenders and customers find any If adopted, this amendment may op- seling to his sailors. Their stories of number of ways to roll over a loan, erate to the detriment of the very peo- military personnel caught in cycles of even if rollovers are limited or prohib- ple it is intended to help. So I urge col- debt to payday lenders helped me real- ited. The Illinois Department of Finan- leagues to vote against that amend- ize the impact this issue can have on cial Institutions has concluded that ment. individuals’ lives. For example, Cap- rollover rules have ‘‘been ineffective in The lifeline account amendment tain Robert W. Andersen, commanding stopping people from converting a would disallow the bankruptcy claims officer of Patrol Squadron 30 in Jack- short term loan into a long term head- of certain banks and credit unions. In sonville, FL, testified that sailors who ache.’’ At the forum, Mark Tarpey, particular, it would disallow claims by take payday loans are often victims of Consumer Credit Division Supervisor larger institutions, such as banks with a ‘‘snowball effect or financial death with the Indiana Department of Finan- more than $200 million in aggregate as- spiral they cannot recover from.’’ cial Institutions, testified: sets that offer retail depository serv- For those who aren’t familiar with The problem with renewals is that you ices to the public, unless they offer the payday lending, let me explain how it have an incentive for the lender to continue specific services required by this works. Someone who is short of cash to collect fees as long as the customer pays amendment. First, these institutions can borrow money using his or her fu- them. There is no incentive to limit renew- would be required to offer both check- ture paycheck as security. The bor- als/rollovers. Even if you statutorily prohibit ing and savings accounts with ‘‘low or limit renewals/rollovers, you have the rower usually writes a check for the problem of a customer coming in and paying fees’’ or no fees at all. Second, they loan amount plus a fee, and then the cash and the lender then giving them the would have to offer ‘‘low’’ or no min- lender agrees not to cash the check same funds back and calling it a new loan. imum balance requirements for check- until after the borrower’s next pay- There are other practices to conceal trans- ing and savings accounts—and to any check comes in. actions from being deemed a renewal/roll- consumer, regardless of income level. Payday lenders commonly promote over. Further, the ‘‘penalty’’ for not pro- their product as quick and easy cash. The industry acknowledges that loan viding these particular services is the But what they don’t usually advertise renewal is a problem, although there is disallowance of the bank’s claim in is that this is one of the most expen- dispute over just how big a problem it bankruptcy. That is a harsh penalty, sive consumer credit products in exist- is. Both of the trade associations rep- indeed, and a windfall for bankrupts. ence. Interest rates on payday loans resented at the forum I held in Decem- Let me explain what this means. It average about 500 percent annually, ber have adopted ‘‘best practices’’ means someone with the resources of, with some loans going well over 1000 guidelines that attempt to address this let’s say, Steve Forbes can walk into percent APR. Among the frequent bor- issue, but because the borrower drives one of these banks, and if he is denied rowers who pay these high fees are the decision to renew a loan, it would a ‘‘low fee’’ or no fee account, then any those with particularly limited ability be difficult for the industry guidelines claim that bank has in any bankruptcy to repay the loan, including enlisted to succeed. proceeding—not just Steve’s bank- military personnel, college students, Equally disturbing are the practices ruptcy—then the bank’s claims are dis- and senior citizens on fixed incomes. that some in the payday industry have allowed. I emphasize that any claim in Despite the fact that payday loans used to collect on delinquent loans— any bankruptcy will be disallowed be- are marketed as short-term credit, in- and I recognize and appreciate that the

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S178 CONGRESSIONAL RECORD — SENATE February 1, 2000 amendment offered by the Senator SEC. ll. CHAPTER 11 NONDISCHARGEABILITY manufacturers are following their lead, from Minnesota addresses this prob- OF DEBTS ARISING FROM FIREARM- seeking to evade accountability for RELATED DEBTS. lem. At the forum in December, Leslie (a) IN GENERAL.—Section 1141(d) of title 11, their wrongdoing by filing in bank- Pettijohn, the Consumer Credit Com- United States Code, as amended by section ruptcy court. For instance, Davis In- missioner in Texas, testified: 708 of this Act, is amended by adding at the dustries, another producer of poorly From a regulator’s perspective, one of the end the following: constructed semiautomatic firearms, most objectionable practices of these trans- ‘‘(6) Notwithstanding paragraph (1), the has also sought refuge in bankruptcy actions is the threat of criminal prosecution confirmation of a plan does not discharge a court. The New York Times reported against the consumer. When a check debtor that is a corporation from any debt on June 24, 1999, that a spokesman for bounces, lenders frequently file charges that is— Davis Industries said, ‘‘I’m sure other against consumers with law enforcement of- ‘‘(A) related to the use or transfer of a fire- arm (as defined in section 921(3) of title 18 or companies will do the same thing.’’ ficials and attempt to collect this debt by On July 19, 1999, at a creditors meet- means of criminal prosecution. In a single section 5845(a) of the Internal Revenue Code precinct in Dallas County, more than 13,000 of 1986); and ing for Davis Industries, the owner was of these charges were filed by these kind of ‘‘(B) based in whole or in part on fraud, asked a few questions by the bank- companies in one year. recklessness, misrepresentation, nuisance, ruptcy trustee about his chapter 11 As I mentioned, payday lending uses negligence, or product liability.’’. bankruptcy petition. as security a live check that both the (b) AUTOMATIC STAY.—Section 362(b) of Question: Now, the reasons for filing title 11, United States Code, as amended by borrower and the lender know is no sounded to me like you’re getting sued by all section 901(d) of this Act, is amended— the municipalities in the United States. Is good at the time it is written. Just as (1) in paragraph (27), by striking ‘‘or’’ at that pretty close to correct? we don’t imprison people for failure to the end; Answer: I think you hit the button on the pay their credit card bills or meet their (2) in paragraph (28), by striking the period nose. mortgage payments, I do not believe at the end and inserting ‘‘; or’’; and Lorcin Engineering and Davis Indus- that a borrower—unless he committed (3) by inserting after paragraph (28) the fol- tries found a loophole in our Federal fraud—should be subject to threat of lowing: bankruptcy law and the list of these such severe measures for failure to ‘‘(29) under subsection (a) of this section, of— companies grew and is still growing. make good on a payday loan, particu- ‘‘(A) the commencement or continuation, When the bankruptcy code was en- larly because the very premise of the and conclusion to the entry of final judg- acted, its primary goal was debtor re- loan was the borrower’s willingness to ment or order, of a judicial, administrative, habilitation, to provide a fresh start to write a bad check. The amendment of- or other action or proceeding for debts that ‘‘honest but unfortunate debtors’’ fered by the Senator from Minnesota are nondischargeable under section through the discharge of debts. The would prevent the misuse of these ‘‘bad 1141(d)(6); or code gives debtors the opportunity to check’’ laws, but it would still permit a ‘‘(B) the perfection or enforcement of a shed indebtedness, but there are excep- fraud prosecution where appropriate. judgment or order referred to in subpara- tions. These exceptions to the dis- graph (A) against property of the estate or That is an important step. property of the debtor.’’. charge of a debtor’s liability were Again, I thank the Senator from Min- based on public policy or wrongful con- nesota for raising this important issue, Mr. LEVIN. Mr. President, I yield duct of the debtor. Currently, the and I look forward to working with myself 10 minutes. bankruptcy code defines 18 specific cat- him to address it further in the future. Our amendment would change the egories of debt that are nondischarge- Mr. President, I suggest the absence bankruptcy code so that a firearm able. These exceptions have been cre- of a quorum. manufacturer or distributor who is ated because of an overriding public The PRESIDING OFFICER. The found liable or may be found liable for purpose. clerk will call the roll. negligence or reckless action cannot A report issued by the National The assistant legislative clerk pro- escape accountability by filing for re- Bankruptcy Review Commission, an ceeded to call the roll. organization in bankruptcy. independent commission established by Mr. LEVIN. Mr. President, I ask Our amendment has the endorsement Congress to investigate and study unanimous consent that the order for of the National League of Cities, the issues relating to the bankruptcy code, the quorum call be rescinded. U.S. Conference of Mayors, Handgun says this about nondischargeability: The PRESIDING OFFICER (Mr. Control, Inc., which is Sarah Brady’s Debts excepted from the discharge obtain ENZI). Without objection, it is so or- organization, and the Violence Policy distinctive treatment for public policy rea- dered. Center. The amendment is cosponsored sons. Many nondischargeable debts involve The PRESIDING OFFICER. Under by Senators DURBIN, WYDEN, KENNEDY, ‘‘moral turpitude’’ or intentional wrong- the previous order, the next amend- FEINSTEIN, LAUTENBERG, and SCHUMER, doing. Other debts are excepted from dis- ment has 2 hours equally divided. and I thank them for their persistence charge because of the inherent nature of the The Chair recognizes the Senator and their hard work on this important obligation, without regard to any culpability of the debtor. Regardless of the debtor’s good from Michigan. issue. Mr. LEVIN. I thank the Chair. faith, for example, support obligations and Under the current bankruptcy code, many tax claims remain nondischargeable. AMENDMENT NO. 2658 firearm manufacturers are able to Society’s interest in excepting those debts (Purpose: To provide for the ‘‘take advantage of the system.’’ Those from discharge outweighs the debtor’s need nondischargeability of debts arising from are not my words. Those are the words for a fresh economic start. firearm-related debts, and for other pur- of Lorcin Engineering Company, a Among the debts that we exempt poses.) manufacturer of cheap, semiautomatic from discharge for public policy rea- Mr. LEVIN. Mr. President, I call up handguns. Lorcin told Firearms Busi- sons are debts which arise from death amendment No. 2658. ness, an industry publication, that it The PRESIDING OFFICER. The or personal injury caused by the debt- was ‘‘taking advantage of the system’’ clerk will report. or’s operation of a motor vehicle while The bill clerk read as follows: by filing for chapter 11 bankruptcy pro- intoxicated, debts incurred by fraud or tection in 1996. At the time, Lorcin was falsehood, debts incurred by willful and The Senator from Michigan (Mr. LEVIN) for one of the chief producers of Saturday himself, Mr. DURBIN, Mr. WYDEN, Mr. KEN- malicious injury, family support obli- NEDY, Mrs. FEINSTEIN, Mr. LAUTENBERG, and night specials or junk guns. Their gations, taxes, educational loans, fines, Mr. SCHUMER proposes an amendment num- semiautomatic pistol was number two and penalties payable to a govern- bered 2658. on the Alcohol, Tobacco, and Firearms mental entity, et cetera. These excep- Mr. LEVIN. Mr President, I ask list of guns traced to crimes. Some of tions reflect Congress’ intent to carve unanimous consent that reading of the their cheaply constructed guns were out exceptions to dischargeability for amendment be dispensed with. made so poorly they did not meet basic important public interest policy con- The PRESIDING OFFICER. Without safety requirements to be eligible even siderations. objection, it is so ordered. for importation. One category of debt that was added The amendment is as follows: Lorcin sought to evade responsibility not too long ago to the code ensures On page 124, between lines 14 and 15, insert for the damages caused by their neg- that debtors cannot escape debts in- the following: ligence by filing for chapter 11. Other curred by a debtor’s operation of a

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S179 motor vehicle while intoxicated. This wrongdoing by reorganizing in bank- chiefs and leaders from the interfaith com- change, which was first introduced by ruptcy. munity took our call for action to Wash- Senators Danforth and Pell in the Cities around the country and their ington on ‘‘Gun Safety Day.’’ During our New Orleans Annual Meeting early 1980s, was considered part of an residents are taking on this problem on we adopted an equally strong policy opposing ‘‘all-out attack on drunk driving.’’ their own. Thirty cities and counties any state or federal promotion of local gov- Congress was persuaded to amend the have filed lawsuits alleging negligence, ernment access to the court system on be- Federal bankruptcy code with respect wrongdoing, unsafe practices on the half of local citizens. To that end, gun manu- to this important policy initiative. At part of gun manufacturers or distribu- facturers, distributors and dealers should not the time, drunk driving accidents tors. New Orleans started in October of be allowed to use federal statute to evade killed tens of thousands of Americans 1998, followed by Chicago; Miami; Dade legal claims for damages by filing for bank- County; Bridgeport, CT; Atlanta, GA; ruptcy—which would amount to a de factor and disabled hundreds of thousands of preemption of local rights to protect public people annually. Senator Danforth ar- Cleveland, OH; Cincinnati, OH; Wayne safety and to recoup public revenues. The gued that drunk driving has caused in- County, MI; and Detroit, MI; St. Louis, threat of this action is real with Lorcin En- surmountable human suffering and eco- MO; San Francisco, and others. gineering Co., one of the chief manufacturers nomic loss, and in his words: Citizens want the firearm industry to of ‘‘Saturday Night Specials’’ or ‘‘junk We must assure victims and their families be accountable for unsafe actions on guns,’’ having filed for Chapter 11 bank- that if they win a civil damage award their part. They want firearm manu- ruptcy in 1996, and several other gun manu- against the drunk driver, they need not fear facturers to be held responsible for facturers recently following the same course that the offender will use Federal law to es- poorly constructed and unsafe prod- of action. cape his debt. Currently, 18 categories of debt are non- ucts. Citizens want firearm manufac- dischargeable under the Bankruptcy Code. We should do no less for victims of turers and distributors to be account- The Code makes certain debts nondischarge- negligence and recklessness and wrong- able for wrongful injuries resulting in able when there is an overriding public pur- doing of gun manufacturers and dis- public outlays for medical care, emer- pose. We believe that there is no higher pub- tributors. gency rescue, and police investigative lic purpose than protecting public safety, Senator Danforth told us: costs. and that your amendment will allow these It is a national scandal that 50,000 Ameri- The PRESIDING OFFICER. The Sen- judicial proceedings to continue without the cans are smashed and slashed to death on our ator’s 10 minutes have expired. improper use of federal law to preempt this highways and that 2 million people suffer important process. Mr. LEVIN. I thank the Chair and Therefore, The U.S. Conference of Mayors disabling injuries in car accidents every yield myself an additional 3 minutes. year. strongly supports adoption of amendment One way to deter such misconduct is No. 2658. He went on to say: to say that you cannot avoid that ac- Yours truly, The greatest tragedy is that we have be- countability by filing for reorganiza- WELLINGTON E. WEBB, come desensitized to the meaning of these tion in bankruptcy any more than you President, statistics. We have almost come to accept can evade a judgment for damages re- Mayor of Denver. this carnage as the unfortunate price we sulting from drunk driving. must pay for the mobility we enjoy. How- Sound public policy also dictates NATIONAL LEAGUE OF CITIES, ever, if we look behind the mind-numbing Washington, DC, November 16, 1999. statistics—if we ask why so many people are that the debt incurred by a company’s Hon. CARL LEVIN, suffering—we will see over half of this blood- action should not be ducked by a com- U.S. Senate, shed results from our unwillingness to put a pany reorganizing under chapter 11 Washington, DC. halt to the most frequently committed vio- while the company goes on its merry DEAR SENATOR LEVIN: On behalf of our lent crime in America: drunk driving. way and the victims are victimized 135,000 municipal elected officials, the Na- The reduction of alcohol-related driv- twice. tional League of Cities strongly supports ing fatalities was an important public This amendment does not judge the your amendment, S. AMT. No. 2658, to the Bankruptcy Reform Act of 1999 (S. 625). In policy issue, and by making those merits of any lawsuit or the liability of prohibiting manufacturers, distributors and debts nondischargeable, Congress acted any parties involved in these lawsuits. dealers of firearms from discharging debts wisely to protect victims of drunk driv- The amendment simply gives our citi- which are firearm-related, incurred as a re- ing and to deter drunk driving. zens the assurance that if they win a sult of judgments against them based on Congress acted against those endless civil damage award against a firearm fraud, recklessness, misrepresentation, nui- tragedies and senseless deaths and manufacturer or distributor, the dam- sance, negligence, or product liability, this human suffering by amending the ages caused by the perpetrator cannot amendment effectively stops an abuse of the bankruptcy code so a drunk driver be evaded by being dismissed in bank- bankruptcy system. More importantly, the measure helps insure that municipal law- could not escape his debt by going ruptcy court. suits against the gun industry, are not un- bankrupt. Like debts incurred by Mr. President, I ask unanimous con- dermined by firearms companies seeking to drunk driving, debts for death or per- sent that letters from the U.S. Con- potentially avoid their culpability through sonal injury and costs to communities ference of Mayors, the National League the use of the bankruptcy code. resulting from the unsafe manufacture of Cities, the Violence Policy Center, While NLC does not support some amend- or distribution of unsafe firearms and and Handgun Control, which is chaired ments to the Bankruptcy Reform Act (par- their negligent distribution should also by Sarah Brady, be printed in the ticularly the Ross-Moynihan Amendment, S. AMT. No. 2758) that would preempt state and not be dismissed in bankruptcy. The RECORD. There being no objection, the mate- local government interest rates that apply public policy involved here is an over- to Chapter 11 corporate repayments, we be- riding one, given the damage caused by rial was ordered to be printed in the lieve that this particular amendment helps the unsafe manufacture and distribu- RECORD, as follows: cities and towns recover monies expended for tion of guns. THE U.S. CONFERENCE OF MAYORS, numerous criminal investigations, litigation Senator Danforth’s plea to curb Washington, DC, November 17, 1999. fees, health costs, and other resources need- drunk driving is very similar to our Hon. CARL LEVIN, ed to address incidents of gun violence. The people’s plea to reduce gun violence. U.S. Senate, National League of Cities has a long history Week after week, Americans are lost to Washington, DC. of supporting legislation to reduce gun vio- DEAR SENATOR LEVIN: On behalf of the lence and gun-related criminal activity. Like the senselessness of gun violence. Year United States Conference of Mayors, I am debts incurred by drunk driving, Congress after year, some 30,000 of us are lost to writing to express our strong support for must send a clear and convincing message murder or suicide or unintentional your amendment, No. 2658, to the Bank- that it will not permit debtors to escape shootings and tens of thousands of ruptcy Reform Act of 1999 (S. 625). debts incurred by improper conduct. It is Americans are treated for firearm inju- For over 30 years, The U.S. Conference of crucial that the federal government do all ries. Many of these deaths and injuries Mayors has supported comprehensive efforts that it can to help local law enforcement ef- are to children. When the carnage re- to promote gun safety and help keep guns fectively address gun violence with common away from kids and criminals. At our An- sults from the unsafe manufacture or sense legislation that curtails access to fire- nual Conference of Mayor in New Orleans arms including altering the bankruptcy distribution of a firearm, we should not this past June, we adopted a strong policy in code. allow the manufacturer or distributor support of broad gun safety legislation, and An unfortunate example of such abuse oc- to evade the responsibility for its on September 9, over 50 mayors, 30 police curred in 1996 when Lorcin Engineering Co.,

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S180 CONGRESSIONAL RECORD — SENATE February 1, 2000 a manufacturer of cheap handguns, filed for culpability for firearm violence; and be it keting and distribution practices resulting Chapter 11 bankruptcy protection. Lorcin further in countless deaths and injuries in America’s was one of the nation’s chief manufacturers Resolved, That the National League of Cit- cities. The NAACP has filed a similar law- of ‘‘Saturday Night Specials’’ or ‘‘junk ies opposes any federal preemption that suit. Lawyers for the cities are very con- guns,’’ and in 1998, their inexpensive semi- would undermine the authority of state and cerned that bankruptcy will become a com- automatic pistol was number two on the list local officials to bring suits against firearm mon gun industry defense tool. of guns traced to crime scenes by the Bureau manufacturers on behalf of their citizens; Many other consumer lawsuits are pending of Alcohol, Tobacco and Firearms. Lorcin’s and be it further against gun manufacturers. low quality and unsafe firearms caused innu- Resolved, That the National League of Cit- For example, Glock is the defendant in a merable deaths in our nation’s cities and ies urges better cooperation between firearm case recently certified as a nation-wide class towns because of their cheap construction manufacturers and local elected officials to action. The class includes individuals and po- and easy availability in urban areas. prevent firearm violence and ensure less fire- lice officers injured by unintentional dis- Moreover, Lorcin’s weapons were the basis arm injuries and costs to cities and towns. charges of Glock handguns. The suit alleges of more than two dozen product liability that Glock handguns, including those used lawsuits. Once Lorcin decided they could not VIOLENCE POLICY CENTER, by many police departments, contain design defend their practices against the multiple Washington, DC. defects long known to the manufacturer. Gun manufacturers must not be allowed to liability claims filed against them, they de- DON’T LET GUN MANUFACTURERS ‘‘TAKE use bankruptcy to escape accountability cided to protect themselves by using the ADVANTAGE OF THE SYSTEM’’ when their reckless or negligent conduct bankruptcy system to settle these lawsuits SUPPORT THE LEVIN AMENDMENT TO THE BANK- for pennies on the dollar and be exempted causes death and injury. Vote to protect vic- RUPTCY BILL TO HOLD GUNMAKERS RESPON- tims of gun violence. Support the Levin from an additional lawsuit filed by the city SIBLE FOR DEFECTIVE GUNS of New Orleans. amendment to S. 625. Senator Levin, we support this amend- The Levin amendment to S. 625 will ensure ment, and strongly advocate its inclusion in that gun manufacturers cannot discharge HANDGUN CONTROL, any final bankruptcy reform measure en- debts incurred as a result of consumer law- Washington, DC, November 9, 1999. acted that does not undermine municipal fi- suits for defectively designed and manufac- Hon. CARL LEVIN, nances. Additionally, you will find an en- tured firearms. U.S. Senate, The Levin amendment is necessary to en- closed resolution passed by the National Washington, DC. sure that firearm manufacturers—which are League of Cities’ Public Safety and Crime DEAR SENATOR LEVIN: I am writing in sup- exempt from federal health and safety regu- Prevention Steering Committee that sup- port of the amendment to S. 625, the Bank- lation—remain accountable for civil liability ports your proposed amendment. ruptcy Reform Act of 1999 sponsored by Sen- to consumers injured by negligent or reck- Sincerely, ators Levin, Durbin, Wyden, Kennedy, Fein- less industry behavior. Lack of health and stein, Lautenberg, and Schumer. This CLARENCE E. ANTHONY, safety regulation means that the civil jus- President, Mayor, South Bay, Florida. amendment would prevent firearm manufac- Enclosure. tice system is the only mechanism available turers, distributors and dealers from filing to regulate the conduct of gun manufactur- for Chapter 11 bankruptcy protection to PROPOSED RESOLUTION—PSCP #9—CITIES ers. evade wrongful death and personal injury LAWSUITS AGAINST THE FIREARM INDUSTRY At least three major gun manufacturers lawsuits caused by their dangerous products. Whereas, gun violence results in great have sought bankruptcy protection specifi- As you know, several cities and their resi- costs to cities and towns, including the costs cally to protect themselves from product li- dents have filed suits against the gun indus- of law enforcement, medical care, lost pro- ability claims. try to recover some of the costs of gun vio- ductivity, and loss of life; and Lorcin Engineering arrogantly stated in lence and to attempt to encourage more re- Whereas, it is an essential and appropriate 1996 that it was filing for bankruptcy to pro- sponsible conduct by the industry in the fu- role of the federal government, under the tect the company from at least 18 pending li- ture. These suits attack two basic problems Constitution of the United States, to remove ability suits. Lorcin officials stated to Fire- caused by irresponsible practices of the gun burdens and barriers to interstate commerce arms Business—a gun industry trade publica- industry. One is the failure to make guns as and protect local governments from the ad- tion—that the company chose to ‘‘take ad- safe as possible and failing to include many verse effects of interstate commerce in fire- vantage of the system’’ when it decided that simple, live-saving safety devices in their arms; and it could not defend against liability claims. guns. The other is the irresponsible distribu- Whereas, firearm manufacturers, distribu- Furthermore, at a 1996 meeting of creditors, tion of guns which enables and fosters the tors, and retailers, and importers have a spe- the U.S. Bankruptcy Trustee posed the fol- criminal use of guns. cial responsibility to take into account the lowing question to Lorcin’s attorney, ‘‘The Gun manufacturers, distributors, and deal- health and safety of the public in marketing triggering factor [of the bankruptcy] was the ers should not be able to evade these legiti- firearms; and Texas lawsuit, but there were three or four mate claims for damages by filing for bank- Whereas, to the extent possible, the costs others that could also be a problem?’’ ruptcy. In 1996, Lorcin Engineering Com- of gun violence should be borne by those lia- Lorcin’s lawyer responded, ‘‘Yep.’’ pany, one of the chief manufacturers of ble for them, including negligent firearm In 1993, Lorcin was the number one pistol ‘‘Saturday Night Specials’’ or ‘‘junk guns’’ manufacturers, distributors, and retailers, manufacturer in America, churning out filed for Chapter 11 bankruptcy to protect and importers; and 341,243 guns. Many of Lorcin’s handguns are itself from multiple product liability law- Whereas, the firearm industry has gen- of such poor quality they are ineligible for suits. Other gun manufacturers, like Davis erally not included numerous safety devices importation under the Bureau of Alcohol, industries and Sundance Industries, have fol- with their products, including devices to pre- Tobacco and Firearms (ATF) ‘‘sporting pur- lowed Lorcin’s lead and have filed for bank- vent the unauthorized use of a firearm, indi- pose’’ test. Lorcin’s .380 pistol regularly tops ruptcy to avoid liability. We must not allow cators that a firearm is loaded, and child the list of all guns traced to crime by ATF. other firearms companies to take advantage safety locks, and the absence of such safety Davis Industries, also motivated by pend- of the bankruptcy system. devices has rendered these products unrea- ing product liability claims as well as law- I urge you to support this important sonably dangerous; and suits filed by U.S. cities including Chicago, amendment. Whereas, the firearm industry has poten- New Orleans, Miami, Atlanta, Cleveland, Los Sincerely, tially engaged in questionable distribution Angeles, and Detroit filed for bankruptcy SARAH BRADY, practices in which the industry oversupplies protection in May 1999. Davis manufactured Chair. certain legal markets with firearms with the nearly 40,000 guns in 1997, the last year for Mr. LEVIN. My friend from Illinois is knowledge that the excess firearms will be which figures are available. not here, so I simply yield the floor. potentially distributed not nearby illegal Sundance Industries also sought bank- The PRESIDING OFFICER. The markets; and ruptcy protection in August 1999. As a result, Chair recognizes the Senator from Whereas, it is fundamentally the right of the Superior Court of California enjoined the local elected officials to determine whether City of Los Angeles from pursuing Sundance Utah. to bring suits against firearm manufacturers in the city’s lawsuit to recover costs in- Mr. HATCH. Mr. President, I rise to on behalf of their constituents to best serve flicted on the city as a result of gun vio- speak in opposition to the amendment the needs of their city or town; and lence. offered by the Senator from Michigan. Whereas, across the nation, cities are Many more gun manufacturers may soon This amendment makes debts owed by bringing rightful legal claims against the choose to follow in the footsteps of Lorcin, a corporation on account of firearms gun industry to seek changes in the manner Davis, and Sundance to escape responsibility non-dischargeable in a chapter 11 reor- in which the industry conducts business in for suits filed recently by U.S. cities. ganization bankruptcy proceeding if the civilian market in their communities: More than 25 cities and counties have filed Now, therefore, be it lawsuits against the gun industry. These the debt arose out of an action for Resolved, That cities and towns be able to lawsuits allege that firearm manufacturers fraud, misrepresentation, negligence, bring suits against manufacturers, dealers, have produced and sold defectively designed nuisance, or product liability. In addi- and importers to determine their possible firearms, and engaged in negligent mar- tion, this amendment excepts such

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S181 debts from the automatic stay protec- basic social policy that it is better to This administration has not been se- tion provided in a bankruptcy pro- keep the company operating and pay- rious about gun crimes, and we have ceeding. ing off the judgment than liquidating not had a lot of help from people who This amendment effectively singles it should not be narrowed company by are opposed to the second amendment out both gun manufacturers and those company, industry by industry. in helping to resolve these problems. who legally transfer guns, including Plain and simple, this amendment is The juvenile justice bill is caught up in major retailers who sells guns in com- designed to encourage lawsuits by trial a conference that is impossible to re- pliance with all laws, and prevents lawyers against gun manufacturers and solve unless we get rid of this issue and them from successfully reorganizing retailers who sell guns. And I think do what has to be done in the interest under the bankruptcy laws, if they this amendment is part of an effort to of juvenile justice. should need such reorganization. If a put the firearms industry out of busi- The fact of the matter is, there is al- large product liability suit succeeds ness. ways going to be somebody trying to— against a gun manufacturer, this Let me emphasize that I am very and sincerely so—make political points amendment virtually ensures that the concerned about the gun violence our on the issue of guns and weapons. This companies affected will be driven out country has experienced in recent is not the bill on which they should be of business and its workers will lose years. However, I am a firm believer in making those political points. This their jobs. second amendment rights. The amend- would be a very disastrous approach to- In addition to being just bad policy, ment encourages the new wave of law- wards bankruptcy law. It means that the amendment is also self-defeating. suits we have all been hearing about, in anytime you find enough popular busi- Here is why: it effectively assures that which gun manufacturers are being sued ness a majority of Members of Congress only a fraction of the judgment against for the conduct of third-party crimi- can stick it to, they are going to be the affected company will be paid, if at nals. Liberals have been unable to able to do it under the bankruptcy all. That is because those manufactur- eliminate the second amendment or laws. That is ridiculous. When we start ers that could pay off the judgment the gun industry through direct legis- showing preferences for certain polit- over time will not be able to do so, and lation, so they are attempting to elimi- ical points of view in bankruptcies to will be forced into liquidation. This is nate it through this kind of backdoor the exclusion of common sense, then it neither good for the lawful business, ‘‘policy through litigation’’ approach. seems to me we are all going to suffer. This amendment promotes an issue nor for those other investors or credi- Sooner or later, it is going to affect that has nothing to do with real bank- tors with legitimate claims against the something that each one of us treas- ruptcy reform and sets an undesirable company. ures or thinks is particularly impor- I also want to point out to my col- precedent. Accordingly, I urge my col- leagues to vote against this amend- tant. leagues that as a matter of long- I speak in opposition to this amend- standing bankruptcy policy in the ment. It is time for us in the Congress to ment. This amendment would do an in- United States, it has been universally grow up with regard to firearms mat- justice to the bankruptcy laws. In the recognized that if a company with ters in our country. There is no use process, I think we will not accomplish manufacturing expertise suffers an un- kidding ourselves. We have passed what my friends on the other side, who expected financial setback—whether some 20,000 rules, regulations, and laws are sincere about it—at least I believe from a huge products liability judg- in this country against the use of fire- most of them are sincere about it— ment or business reverses—everyone is arms that have limited our second really want to do. It is better for us to better off if it can at least try and re- amendment rights and privileges. battle out these issues in Congress. I, structure the business to preserve its There are some legitimate arguments for one, will be opposed to any diminu- legitimate business lines. Workers can against this type of legislation. I be- tion in our second amendment rights save their jobs and creditors can be lieve it is far preferable for us to up- and privileges. If you want to diminish paid off over time from the operating hold second amendment rights and the second amendment, then you ought revenues of the restructured company, privileges and get tougher on crimi- to do it by constitutional amendment. receiving much more than they would nals. You shouldn’t be doing it by bits and from liquidation. It is not as if this Our problem in this country, and es- tatters. It ought to be done straight up, amendment, much to the dismay of its pecially over the last 7 years, is that and it ought to be done in a way that supporters, will wipe out the second this administration has not been seri- is constitutionally justifiable, and not amendment’s protection to bear arms. ous about getting tough on criminals. in these bits and pieces that literally What this amendment will do is ensure Under Project Triggerlock, the number make political points but do not belong that the manufacture of legal arms, of gun prosecutions under that ap- in something as important as this and the corresponding jobs it creates, proach, which was working very well bankruptcy bill. will move overseas. under President Bush, has now dropped I yield the floor. Longstanding bankruptcy policy in by 50 percent. No wonder the President The PRESIDING OFFICER. Who this country has been that bankruptcy in his State of the Union Address said: yields time? laws should apply to all lawful prod- We are going to start doing something Mr. LEVIN. Mr. President, I yield 10 ucts and industries in a similar fash- about gun crimes. minutes to the Senator from Illinois. ion; not pick and choose between un- They caught 12,000 people illegally The PRESIDING OFFICER. The Sen- popular, but legal, industries. This taking guns to school in the last few ator from Illinois. amendment unfairly singles out one in- years, and there have been only 13 Mr. DURBIN. I am more than happy dustry for unfavorable treatment, and prosecutions. Last year, up to January to rise in support of what I consider to does so in an unprecedented fashion. In 1, they caught 100,000 people under the be a very important and valuable my view, Congress should be loathe to instant check system. They call that amendment in this debate on the bank- single out companies that legally man- Brady, as if that were a victory by the ruptcy bill. ufacture or sell lawful products for un- administration. Brady was first a 7-day I am not one who is in favor of abol- favorable treatment, simply because waiting period which devolved into 5 ishing the second amendment, nor, I they are unpopular. Which industry days. In order to not prevent decent, am sure, is the Senator from Michigan. will be targeted next? law-abiding citizens from purchasing What we are attempting to do in this We should not be setting the prece- their guns, we instituted the instant bill is address a very serious problem. dent that lines of business that are un- check system, and it has worked mag- For those who believe the second popular with some in the Congress, but nificently. amendment is somehow an absolute legal, will be denied the ability to reor- Of the 100,000 people they caught last right to bear arms, I will just tell ganize in bankruptcy. If we do this to year trying to illegally purchase weap- them, there are no absolute rights firearms manufacturers, what about ons, I do not recall one single prosecu- under the Constitution of the United companies involved in other industries, tion. I understand that 200 have been States. Each and every right that is such as medical devices, drug manufac- recommended for prosecution, one-fifth guaranteed to us as individual citizens turing, or automobile makers? The of 1 percent. I could go on and on. can be limited. Whether it is the right

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S182 CONGRESSIONAL RECORD — SENATE February 1, 2000 of free expression limited by the libel sponse from the gun manufacturers is: that is sold, and they don’t want the laws or even the right to life limited by So what, sue us if you want to. Ulti- companies held liable if that product death penalties that are imposed in mately, if you win your verdict, we will turns out to be dangerous, if that fire- many States, all of these things sug- go to bankruptcy court, and we are arm leads to crime and violence and gest that no right is absolute, and cer- going to escape any liability to the death across America. tainly the right to bear arms is not ei- citizens of these cities and counties Senator LEVIN has said if these man- ther. and States which are bringing these ufacturers come to court and they are We have had regulations throughout lawsuits. found guilty of recklessness, fraud, our modern history that have limited Two companies have already sought misrepresentation, nuisance, or prod- the rights of those who care to bear bankruptcy protection: Lorcin Engi- uct liability, they cannot escape that arms in the interest of the public good. neering and Davis Industries. The liability because of the bankruptcy That is what this amendment is all Lorcin .380 pistol tops the list of all law. about. guns traced by the Bureau of Alcohol, How important is it to America? It is Why are we debating guns on a bank- Tobacco and Firearms for its involve- important because the costs of gun vio- ruptcy bill? It gets down to the very ment in crime. By virtue of the bank- lence in both human lives and health basics. The bankruptcy law is designed ruptcy law, these manufacturers are care continue to escalate. All those so a person who has reached an eco- able to make millions of dollars flood- who argue that the laws Congress has nomic position in life where they can’t ing the market with low-quality fire- contemplated in the past are somehow see a good future can go to the court arms of little appeal to legitimate restricting gun ownership in this coun- and ask for relief from their debts, sportsmen and hunters but of great ap- try cannot answer the most basic ques- whether that is an individual or a fam- peal to criminals and gang bangers. tion: If gun ownership is so restrictive ily or a business. We say, for almost Once these companies are sued, be- in this country, how do we happen to two centuries in this country, that cause they are flooding the market have over 200 million firearms already bankruptcy is a right of individuals with these cheap Saturday night spe- in a nation of 275 million people? The fact is, these guns are readily under our Federal court system. Again, cials, they simply declare bankruptcy available, and on the average almost 90 we make exceptions and say that some and walk away free from any financial people are killed, including 12 children, people who come to court will be lim- responsibility for their misconduct. every day because of the proliferation ited in the types of debts they can dis- The owners of these companies remain of firearms and the fact that they get charge. free to start up a new company under a into the wrong hands. Gun manufactur- We make a list, a pretty lengthy list, new name making the same weapons, ers understand that they are finally of some 17 or 18 exceptions. They in- wreaking havoc across America be- going to be held accountable. These clude such things as debts incurred by cause they are flooding us with these lawsuits are going to accomplish what fraud that can’t be discharged in bank- guns. legislatures across the Nation and this ruptcy court, alimony and child sup- Lorcin officials stated to Firearms Congress have failed to face; that is, port, student loans, debts from death Business, a magazine that is published the fact that American families are fed or personal injury resulting from driv- by the gun industry, that the company up with this gun violence. They expect ing while intoxicated, court fees. There chose to ‘‘take advantage of the sys- Members of the Senate and the House are several others. It suggests that tem’’ when it decided it couldn’t defend to come forward with reasonable sug- when the Congress wrote the bank- against liability claims. What Senator gestions to make their neighborhoods LEVIN is doing—and I am happy to join ruptcy laws and continued to amend safe and take guns out of the hands of him—is to say to Lorcin and other them, we said there are certain things those who would misuse them and out companies: Not so fast. If you are going in a bankruptcy court from which you of the hands of children. cannot escape. If you have been guilty to flood the markets of America with Senator LEVIN has a valuable amend- of certain conduct, if you have not met these cheap Saturday night specials, if ment here. He is saying to these com- certain obligations, the bankruptcy you are going to be liable for increas- panies: You will be held responsible. court will not be your shield or your ing crime and increasing violence in Even if this Congress cannot muster shelter. America, you cannot use the Federal the courage to regulate the safety of a What the Senator from Michigan is law as your shield or shelter when it firearm that is sold in the United doing with his amendment is saying comes to our bankruptcy court. I think States, we will not let these manufac- that the gun industry, the gun manu- Senator LEVIN is on the right track. turers escape their liability in a court facturers, if they have engaged—and I For those who would argue, as I have of law. Cities around the country—Chi- will quote directly from the amend- already heard on the floor, we already cago, New York, New Orleans, Atlanta, ment—if they have engaged in fraud, have too many laws when it comes to Bridgeport—have initiated suits recklessness, misrepresentation, nui- guns, they are just not enforced, let me against the industry to try to force sance, or product liability, they cannot be quick to add that when it comes to changes to make guns safer and less race to the bankruptcy court and es- standards for the manufacture of fire- likely to end up in the hands of crimi- cape their responsibility to the Amer- arms in this country, we virtually have nals. Certainly, automobile manufac- ican people. It is just that straight- no laws whatsoever. The Consumer turers have faced a spate of lawsuits forward. Product Safety Commission has the re- that really challenge them to use the Those who are arguing that we sponsibility of regulating virtually most modern technology to make our should carve out some special excep- every product for household or rec- cars safe. tion for these gun manufacturers are reational use. In fact, the toy guns sold Why are we not holding this industry the same people who are loath to regu- for Christmas and birthday gifts are to the same standard of responsibility? late these businesses in the first place. subject to regulation by the Consumer And why, if they are found guilty of Several firearm manufacturers have Product Safety Commission. But the fraud or recklessness in the products recently been sued in cases that have real guns, the Saturday night specials they sell, should they be able to get off been brought by cities and municipali- and the firearms that could be the sub- the hook in a bankruptcy court? That ties and counties and other local gov- ject of these lawsuits, are not subject is the gist of the Levin amendment—to ernments that have, frankly, been vic- to any Federal safety regulations at hold these companies accountable. To timized by gun crimes. These people, in all. The gun industry, by its power in say there are no privileged classes—if their lawsuits, are alleging that the Washington, has successfully lobbied to you engage in this conduct, you will be gun manufacturers have been guilty of keep a law in place that protects them held as responsible as any other com- misconduct beyond selling the gun, from any regulation on the safety of pany or person for their wrongdoing. that they have been involved in mar- their product. The gun industry has long placed keting practices, for example, that end So for those who are supporting the profits above the safety of America. I up putting guns in the hands of those gun industry, they want it both ways. think it is interesting that an industry who commit crimes. Those lawsuits are They don’t want the Government to that can cause politicians to cower be- still pending, but the interesting re- impose any standard on the product fore them are scared to death to face a

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S183 jury in a courtroom in our country. I Everyday, 13 more children across reorganize its operations under the strongly support Senator LEVIN’s the country die from gunshot wounds. bankruptcy code as a way to avoid pay- amendment. By adopting it, we will Yet, the national response to this ing large sums to plaintiffs if it lost further the goal of reducing abuses of death toll continues to be grossly inad- the suits. the bankruptcy system. Remember, equate. The gun industry has fought Last January, Lorcin was released that is why this debate is underway. against reasonable gun control legisla- from a lawsuit filed by the City of New We are considering bankruptcy reform tion. It has failed to use technology to Orleans. It petitioned the court to be because many came to us and said that make guns safer. It has attempted to removed from another lawsuit filed by folks are abusing the bankruptcy sys- insulate itself from its distributors and the City of Chicago, because the com- tem. Don’t let the gun manufacturers dealers, once the guns leave the factory pany was reorganizing itself under abuse the bankruptcy system. Make door. Chapter 11 of the Bankruptcy Code certain that they are held accountable Studies estimating the total public when the cities filed their lawsuits. for the wrongdoing and the violence cost of firearm-related injuries put the The litigation has prompted two and death that results from their reck- cost at over one million dollars for other gun manufacturers to seek refuge lessness and fraud and the negligent each shooting victim. According to the in bankruptcy. Sundance Industries of use of their products. We should be on Centers for Disease Control, cities, Valencia, California filed for Chapter 7 record as opposing bankruptcy abuse, counties and states incur billions of bankruptcy. The owner said he has whether it is the result of individual dollars in costs each year as a result of been worn down by the legal assault on misconduct or the misconduct of gun gun violence—including the costs of the gun industry. In addition, Davis In- manufacturers. medical care, law enforcement, and dustries of Mira Loma, California I yield the balance of my time. other public services. sought Chapter 11 protection in the The PRESIDING OFFICER. Who Communities across the country are U.S. Bankruptcy Court on May 27, 1999. yields time? attempting to deal with the epidemic According to a lawyer who rep- Mr. LEVIN. Mr. President, I would be of gun violence that claims the lives of resented creditors in the 1996 bank- happy to alternate back and forth. If so many people each year. Law enforce- ruptcy of Lorcin, ‘‘Bankruptcy is a nobody is seeking recognition on that ment officials, community leaders, par- very useful negotiating tool and pre- side, I will yield 6 minutes to the Sen- ents and youth are struggling to deal dictably the more suits that are filed, ator from Massachusetts. with this continuing epidemic of gun the more these gun companies are The PRESIDING OFFICER. The Sen- violence. But the gun industry, and going to file for bankruptcy.’’ A lawyer for one of the cities suing ator from Massachusetts is recognized. Congress, and most state legislatures the gun-makers said that bankruptcy Mr. KENNEDY. Mr. President, I com- have persistently ignored these con- ‘‘is going to be a huge pain,’’ because it mend Senator LEVIN for taking the ini- cerns. will require much more time and ex- tiative to close a gaping loophole that Now, when the courts are likely to pense for the cities, limit the amount allows gun manufacturers, distribu- hold them accountable, some gun man- of damages they can collect, and, per- tors, and dealers to use the Bankruptcy ufacturers are attempting to avoid haps most important, put the litiga- Code to avoid judgments against them their responsibility by filing for bank- tion in federal bankruptcy court. based on fraud, recklessness, neg- ruptcy. One example is Lorcin Indus- Litigation may well be the only ligence or product liability. Firearms tries. During its heyday, Lorcin was means to hold gun manufacturers ac- manufacturers and dealers should not one of the largest manufacturers of countable for the harm caused by their be able to use bankruptcy to escape li- ‘‘affordable’’ guns. Law enforcement products. As we have seen with litiga- ability. and gun-control advocates call them tion against the tobacco industry, Under current law, many types of ‘‘Saturday night specials’’—the inex- manufacturing secrets and marketing debt are dischargeable under the Bank- pensive, easily concealed handguns secrets often come to light in a court- ruptcy Code. However, the Code makes often used in crimes. room. Public interest lawsuits have certain debts nondischargeable, due to Lorcin is one of several companies changed the balance of power between public policy concerns, such as debts that sprang up after a 1968 law banned the public and the mammoth industries incurred by the operation of a motor imports of ‘‘Saturday night specials’’ long thought to be invincible. The vehicle while legally intoxicated. but permitted domestic manufacturing. Levin amendment supports the citizens Recently, private citizens and local Studies have found that these products harmed by these powerful industries. It governments have sued the gun indus- are characterized by short ‘‘time to deserves to be supported by the Senate, try to hold it accountable for deaths crime’’—the brief period between sale and I urge the Senate to approve it. and injuries caused by firearms. The and the time when the guns are used in Mr. President, in summation, I con- current litigation can be an effective criminal acts. gratulate my friend, the Senator from way of assessing responsibility and pro- Lorcin Engineering Co. has been Michigan, Mr. LEVIN, for the develop- viding remedies for obvious harm, in named as a defendant in 27 lawsuits. ment of this particular amendment, accord with the long-standing tradi- The suits charge that Lorcin and other and I join with others to recommend it tions of the law. firearm manufacturers do not provide strongly to the Senate. I am hopeful Many of these lawsuits have been adequate safety devices, and that they that it will be successful. brought by federal and state govern- negligently market their products, so The Levin amendment, as has been ments against firearms manufacturers. that their weapons are too easily ac- pointed out, takes the initiative to Opponents of these lawsuits argue that cessible to criminals and juveniles. close a gaping loophole that allows the the industry cannot afford them, and Lorcin was also the subject of at least gun manufacturers and distributors that the suits may well force some 35 wrongful-death or injury claims in- and dealers to use the bankruptcy code firms into bankruptcy. volving people killed or wounded when to avoid judgments against them based The entire focus of the current law- their Lorcin pistols accidentally dis- on fraud, recklessness, and negligence, suits is the wrongdoing of the defend- charged. Lorcin settled at least two or product liability. Firearm manufac- ant corporations. The authority of the dozen of the 35 claims, ranging from a turers and dealers should not be able to court to award damages against these few thousand dollars to $495,000. abuse the bankruptcy laws to escape li- defendants requires a judicial finding Lorcin sought refuge from these ability. that the company engaged in mis- product liability lawsuits by filing for We can ask ourselves, is this a prob- conduct in the manufacturing or mar- Chapter 11 bankruptcy in October 1996. lem? The answer is yes. Do the gun keting of its product. In the absence of In bankruptcy, Lorcin was able to set- manufacturers intend to utilize bank- such a finding, there is no liability. tle its lawsuits for pennies on the dol- ruptcy to basically avoid responsibility At long last, the American people are lar, when tens of millions of dollars in to families across the country and be- getting their day in court against the damages were at stake. One of the cause of the basis of negligence, reck- gun industry, and the gun manufactur- major issues raised by creditors in the lessness, or fraud? The answer is yes to ers and the NRA fear that justice will Lorcin bankruptcy case was whether that, too, which undermines the impor- be done. the company was using the ability to tance of this particular amendment.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S184 CONGRESSIONAL RECORD — SENATE February 1, 2000 America has a gun problem and it is was killed in 1996 when a friend the harmed by this powerful industry. It massive. The crisis is especially serious same age unintentionally shot him deserves to be supported by the Senate, for children. Every day, 13 more chil- with a Beretta pistol, believing that and I urge the Senate to approve it. dren across the country die from gun- the gun was unloaded. In 1997, a suit The PRESIDING OFFICER. Who shot wounds. For every child killed was filed against Beretta in Federal yields time? with a gun, four are wounded. Yet the court in Boston alleging that Beretta Mr. LEVIN. Mr. President, I yield 4 national response to this death toll caused the death by failing to include minutes to the Senator from Oregon. continues to be grossly inadequate. with the pistol either a magazine dis- Mr. WYDEN. Mr. President, I com- The gun industry has fought against connect safety device, a chamber-load- mend our colleague from Michigan for reasonable gun control legislation. It ed indicator, or a locking device that a very important amendment which I has failed to use the technology to would have ‘‘personalized’’ the gun. think has one central point. Pass the make guns safer. All we have to do is Last summer, the city of Boston filed Levin amendment and we will end the remember the debates we had on the a suit against gun manufacturers, dis- legal gymnastics that gun manufactur- violence against youth legislation at tributors, and trade associations whose ers have used to dodge their respon- the end of last year. We saw the efforts manufacturing decisions, marketing sibilities. Pass the Levin amendment to try to provide common sense solu- schemes, and distribution patterns and the U.S. Senate sends a clear and tions to those who make these weapons have injured the city and its citizens. simple message to these gun manufac- available to individuals in our society Boston is one of 30 cities and counties turers that have played games with who should not have these weapons, to have filed groundbreaking lawsuits bankruptcy. Our message is the game and how that was frustrated in impor- to reform the gun industry. is over. There is absolutely no reason tant ways by the gun manufacturers. When the courts seem likely to hold to allow fraudulent activity by gun They were able to keep that piece of the industry accountable, some gun manufacturers to go without sanction. legislation that was passed with regard manufacturers are attempting to avoid I am very troubled as I read through to gun show loopholes tied up in con- their responsibility by filing for bank- the history of what my colleagues have ference. How many weeks and how ruptcy. We have heard the example talked about—the Senator from Illinois and the Senator from Massachusetts— many months have passed when we that the Senator from Illinois pointed what it says about the nature of this have been unable to address this issue out, Lorcin Industries, one of the larg- debate. There are gun manufacturers either in conference or back on the est manufacturers of the Saturday who are actually bragging that they floor of the U.S. Senate? Those efforts night specials. We heard how they have are taking advantage of the system continue to go on even today. attempted to use the bankruptcy laws Here we find in the bankruptcy legis- to their financial advantage and to the when they know they cannot win on lation another attempt by the gun disadvantage of the families who have the merits. We have a situation where as we de- manufacturers to exercise their muscle legitimate interests in pursuing their bate the bankruptcy law and talk by giving them a special consideration rights in a court of law. about making sure it is fair to all at a time when the problems they foist As a result, Lorcin was able to settle sides—good people may have fallen on on the American families are so signifi- its lawsuit for pennies on the dollar hard times—and at the same time sen- cant. when tens of millions of dollars in dam- sitive to the needs of business and oth- The gun industry has attempted to ages were at stake. One of the major ers who otherwise wouldn’t be able to insulate itself from its distributors and issues raised by creditors in the bank- get the funds they need that are so cen- dealers once the guns leave the factory ruptcy case was whether the company tral in a marketplace kind of system, door. Guns are the only consumer prod- was using the ability to reorganize its all of those people, it seems to me, end uct exempt from safety regulations. operations under the bankruptcy code up without the treatment they deserve. Cities, counties, and States incur bil- as a way of avoiding paying large sums They are, in effect, put in an unfavor- lions of dollars in costs each year as a to plaintiffs if it lost the suits. able light when, in fact, the gun manu- result of gun violence, including the That has been replicated by facturers are given a free ride. costs of medical care, law enforcement, Sundance Industries of Valencia, CA, Let us make sure that everybody is and other public services. Studies esti- who filed for chapter 7 bankruptcy. The treated fairly—small businesses that mating the total public cost of firearm- owner said he had been worn down by have these claims, and many people we related injuries put the cost at over $1 the legal assault on the gun industry. are seeing who have fallen on hard million for each shooting victim. In addition, last May, Davis Industries times and need a fresh start. But let us Communities across the country are of Mira Loma, CA, sought protection in not send the worst possible message, attempting to deal with the epidemic the U.S. bankruptcy court. which is that if you engage in the kind of gun violence that claims the lives of According to a lawyer who rep- of reprehensible conduct my colleagues so many people each year. Law enforce- resented creditors in the 1996 bank- have documented, in effect, you will ment officials, community leaders, par- ruptcy of Lorcin, ‘‘Bankruptcy is a get a free ride if you are a gun manu- ents, and youth are struggling to deal very useful negotiating tool, and pre- facturer. with this continuing epidemic of gun dictably the more suits that are filed, It is important to vote for this bank- violence. But the gun industry, Con- the more these gun companies are ruptcy legislation. I voted for it last gress, and most State legislatures have going to file for bankruptcy.’’ year, as did 96 of my colleagues. It is persistently ignored these concerns. A lawyer for one of the cities suing important to ensure that we have fair- At long last, the American people are the gun manufacturers said that bank- ness for all parties. getting their day in court against the ruptcy ‘‘is going to be a huge pain’’ be- Unless the Levin amendment is gun industry. Individuals, organiza- cause it will require much more time adopted, it seems to me that we allow tions, and municipalities are making and expense for the cities. a continuation of these legal gym- progress in their effort to hold the in- Litigation may well be the only nastics that are being practiced by gun dustry liable for its failure to incor- means to hold the gun manufacturers manufacturers. That is wrong. porate reasonable safety designs in the accountable for the harm caused by I urge my colleagues to support the guns they sell, including features that their products. Public interest lawsuits Levin amendment. would prevent gun use by children and have changed the balance of power be- The PRESIDING OFFICER. Who other unauthorized users. Personal- tween the public and the mammoth in- yields time? The Senator from Iowa. izing or childproofing guns would dra- dustries long thought to be invincible. Mr. GRASSLEY. Mr. President, I matically reduce the number of unin- At long last, the American people are yield myself such time as I may con- tentional shootings, teenage suicides, getting their day in court against the sume. and criminal offenses using stolen gun industry. The gun manufacturers The PRESIDING OFFICER. The weapons. and the NRA should not be allowed to Chair recognizes the Senator from One such lawsuit was filed in Massa- hide behind the bankruptcy laws to Iowa. chusetts on behalf of the parents of prevent liability. The Levin amend- Mr. GRASSLEY. Mr. President, I had Ross Mathieu, a 12-year-old boy who ment supports the citizens and cities a chance to listen very closely to what

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S185 the Senator from Michigan said. As the massive liabilities and be forced to lay ing what I think is necessary to bring sponsor of the amendment, he ought to off workers. to this debate as it applies to the Levin have the attention of those of us who In the case of the Heflin-Grassley leg- amendment, and that is common sense. oppose his amendment. islation of 1994, as I indicated, we al- Is, in fact, this amendment the kind of I say that this amendment detracts lowed the companies to continue to op- legislation we want to see? If you sup- some from the purpose of the legisla- erate and to continue to have their em- port the bedrock policy of bankruptcy tion. Maybe it is meant to. To the ex- ployment, and in the process victims law, I do not know how you can sup- tent it is, I hope people will vote were not harmed in any way because of port the Levin amendment because it against it. To the extent that people the trust fund. It seems to me, unless undermines basically all of those poli- see this as a legitimate part of what we there is some ulterior motive other cies. are debating, then I would offer this than helping victims with this legisla- The bankruptcy code establishes a point. I am going to offer more than tion, that we should think about that structure that ensures everyone who is one point very central to the amend- approach—an approach that protects owed money by the debtor will be ment, and then I will stick to my re- victims, an approach that makes the treated fairly when the debtor is given, marks. But the fact is there is a way to person who is guilty of wrongdoing in essence, a fresh start under the law. handle this problem to make sure that have tort apply to pay that tort. Con- The main purpose of the bankruptcy these companies don’t get off scot-free. sequently, if that is not the approach, reform measures we are working on is I am going to refer to a product that I think it reveals the real purpose of to get more debtors to pay back more Senator Heflin from Alabama—before the amendment. I question that the of the debts they owe to more of their he retired from the Senate—and I amendment might be about making creditors. That is a rather simple prin- worked very closely on, which was sure that tort plaintiffs receive com- ciple before this Senate. This issue has bankruptcy legislation. During the pensation if any of the questionable been with us. The Senator from Iowa years he and I served together—I think antigun lawsuits were to succeed be- and the Senator from Utah and others 14 or 16 years—during that period of cause that is not what is going to hap- have struggled with it mightily for the time when we were in the majority on pen. This amendment is merely an ef- last good number of years, to bring this side, I chaired the committee and fort to drive all segments of American fairness and equity in it, but also to he was the ranking minority member. industry involved with guns out of say to debtors there is a credibility When his party was in control, he was business, even if thousands of innocent, here and a responsibility you owe to chairman and I was the ranking minor- hard-working American employees your creditors. There needs to be a ity member. I am going to refer to have to pay the price. greater sense of fairness and balance some legislation we were able to get Consequently, I urge my colleagues brought. I think the fundamental un- passed in 1994 when he was chairman of to vote against this amendment. derlying bill offers that. the committee. I think it is a thought- One other thing about the amend- The Levin amendment is a carve-out, ful and bipartisan way to deal with ment is the presumption is so stated by and I think it flies in the face of those this. the Senator from Michigan that this is general policies. The supporters of the First of all, I believe this amendment just one addition—I think he would say Levin amendment say they are trying proposed by the Senator from Michigan that this is the 19th addition —to a to prevent firearm manufacturers from is unsound as a matter of policy. Con- long list of exceptions that are non- escaping accountability for bad acts gress has previously dealt with dif- dischargeable through the bankruptcy that result in a civil judgment against ficult questions of what to do about court. them. That is rather straightforward. companies facing massive tort liability I think he is mistaken about how It is not only manufacturers; it is re- and then filing for bankruptcy. We bankruptcy works for corporations and tailers and it is corporations. So it is a dealt with this, as I indicated, in a bi- chapter 11 because his amendment ap- broad brush. While they would like, I partisan way, and I think in a way that plies just to corporations. am sure, to create the image that there had a great deal of thought behind it. Section 1141 of chapter 11 has two is a manufacturer out there who pro- In 1994, I worked with Chairman Hef- separate discharge provisions. It has duces a firearm and somehow it is evil, lin to create a very specific process for one section for corporations and it has are Wal-Mart and Kmart and hardware asbestos companies that were filing for one for individuals. The discharge pro- stores that sell legitimately as feder- bankruptcy as a result of a massive vision for corporate debtors discharges ally licensed firearms dealers evil? In number of lawsuits against asbestos all debts. The discharge provision for the eyes of some, they probably are. manufacturers by those people who had individuals lists nondischargeable That is not the debate, nor is that the asbestosis. Senator Heflin and I wanted debts. issue. Let’s look at what the amend- to help these companies continue as an So the idea this exception to dis- ment does. It is unfair because it picks ongoing business concern, but we also charge is just one more of a long list of out a specific industry and it restricts wanted to ensure that the victims of 18 is flatout wrong. the bankruptcy relief available to that asbestos-related illnesses wouldn’t be From this standpoint, then, the industry. left out in the cold. amendment by the Senator from In other words, if we in the Senate In the 1994 bankruptcy bill, we cre- Michigan is unprecedented, and I will have now decided we are going to pick ated a process where asbestos compa- be glad to share the code sections with winners and losers who are politically nies could be discharged of their tort my colleagues, if they desire. But sub- correct or politically incorrect based liabilities but only if they created a section (a) discharges a debtor from on your particular philosophy or point trust fund, under the control of a bank- any debt that arose and that applies to of view, that is what the Levin amend- ruptcy judge, to pay victims. This the corporations. But subsection (2) ment, the Levin carve-out does. Is this process has worked well and has re- says the confirmation of a plan does Senate going to start picking winners ceived favorable comment by the Na- not discharge an individual debtor. and losers amongst businesses in our tional Bankruptcy Review Commis- From that standpoint, this is not one country? We never have. We created sion. of a long list of things that are non- certain conditions or certain things This amendment from Senator dischargeable. that are special within the law but LEVIN, however, doesn’t use a similar The PRESIDING OFFICER. Who never politically have we said: You are approach. This amendment merely pro- yields time? a winner, you are safe under the law; vides that gunmakers and sellers can’t Mr. CRAIG. Mr. President, will the you are a loser, you lose. That is not discharge their tort liabilities. As a re- Senator from Utah yield time to the what we do. We let the marketplace sult, the amendment has no concern Senator from Idaho? generally do that, and we let con- for the employees of the makers or re- Mr. HATCH. I am happy to yield time sumers generally do that. tailers of guns. Under this amendment, to the distinguished Senator. Today it is the firearm manufactur- retailers from giants such as Wal-Mart Mr. CRAIG. Mr. President, I thank ers and tomorrow is it an industry that and Kmart all the way down to the the Senator from Utah, and let me also produces alcohol; or a fatty product, small family-owned stores could face thank the Senator from Iowa for bring- and we have decided in our society that

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S186 CONGRESSIONAL RECORD — SENATE February 1, 2000 fat consumption is no longer good for companies from taking a reorganiza- The PRESIDING OFFICER. The Sen- the American consumer, even though tion bankruptcy. Instead, it would sim- ator from Alaska. as free citizens they ought to have a ply, in all reality, force them into liq- f right to choose. uidation, where the creditors get noth- ALASKA AIRLINES FLIGHT 261 ‘‘That sounds silly, Senator CRAIG. ing. Is that the intent of the Levin You ought not be saying things like amendment? My guess is, if it is not Mr. STEVENS. Mr. President, I am that.’’ the intent, it clearly is the result. here because I am deeply saddened to When I watched the trial lawyers or- What is the practical effect of all of report to the Senate a very serious ganize and convince the attorneys gen- this? It means instead of a company loss, as far as the country is concerned eral that going after the tobacco com- continuing to exist, a company being and a real sad loss for myself person- panies was good because the tobacco allowed to stay in business, to reorga- ally. I was saddened last night when companies had fallen out of favor and nize, to keep its employees intact, they my wife and I received a call about the it was a politically correct thing to do, close their doors, they lay off their em- loss of Alaska Airlines Flight 261 on a I said, ‘‘And next will be firearms.’’ ployees, and their creditors go want- flight from Puerto Vallarta, Mexico, to There were some who chuckled. Of ing. Not only are the creditors not San Francisco. course, guess what. Next were the fire- going to be there to get the benefit of Eighty-eight people were on board arm manufacturers. That is what is it, the jobs are lost. that plane, many of them apparently going on out there today. Municipali- It means there will be no business- employees or relatives or friends of em- ties that do not enforce the law but, generating income to continue to pay ployees of that airline. While the most important, municipalities that the debts it created. Whatever you can search continues, we have been told arrest people who illegally use firearms squeeze out of a business today is all now that no survivors have been found. My thoughts and prayers and I hope all do not have a Justice Department that you are going to get. That is the result of our thoughts and prayers are with backs them up. of this amendment. Maybe that is the the families of these people who have The Clinton administration ran from intent of the amendment. If it is, why enforcement for 7 years. Of course, just perished. don’t we be honest with ourselves? This Among those on the plane were at this year they got a new religion out amendment is not substantively least five Alaskans. We think there there because they have seen the polls charged, it is politically charged. I were more. One was one of my very and they have seen what the American think all of us understand that. My close and dear friends, Morris Thomp- people have said: Enforce the laws, Mr. guess is that is how the vote breaks out son—we called him Morrie—his wife President. on an issue such as this. In short, the Thelma and their daughter Cheryl. I wonder how my friends across the amendment turns bankruptcy policy Morrie Thompson has been a re- aisle would react if I proposed a similar on its head. spected leader of the Native commu- amendment making bankruptcy relief It is designed to destroy legitimate nity of our State and a businessman. unavailable to former Presidents of the and law-abiding businesses. It injures Just last fall, he retired as the chief ex- United States? ‘‘That would be foolish, consumers, and it destroys jobs. The ecutive officer of Doyon Limited, LARRY. You should not do something Levin amendment is clear and simply which is one of 12 regional corporations such as that.’’ bad policy for this country, and I hope for our Alaska Native people. Because That spells the intent of this amend- the Senate will choose to defeat it. We of Senate business, I was unable to at- ment. I think the Senator from Iowa should not mix that kind of politics tend that retirement dinner in Fair- was a little kinder than I am, sug- with this kind of constructive policy banks, but my granddaughter Sara gesting maybe there was an ulterior change that these Senators have went as my representative. motive and it was probably more polit- worked to bring to the floor. I yield the Morrie had a tremendous back- ical than it was legally substantive. I floor. ground. He was not only a great leader think he is right. The PRESIDING OFFICER. Who for the Native people of Alaska, but he It is also unfair because it would yields time? The Senator from Michi- was a leader in his own right nation- have the effect of putting the interests gan. ally. He was a member of the Univer- of some creditors ahead of others. The Mr. LEVIN. I yield 5 minutes to the sity of Alaska’s Board of Regents. He lawsuits we are talking about are not Senator from New York. served as president of the Alaska Fed- claims for real injuries resulting from The PRESIDING OFFICER. The Sen- eration of Natives. During the Nixon somebody’s bad acts. Instead, they are ator from New York. administration, he was the Commis- treasure hunts. We saw the hundreds of Mr. SCHUMER. I thank the Chair, sioner of the Bureau of Indian Affairs millions of dollars the trial attorneys and I thank my colleague from Michi- for our Nation in Washington, DC, and made, and now States are getting, from gan for yielding time and for his lead- a special assistant to the Secretary of the settlements from the tobacco in- ership on this outstanding amendment. the Interior for Indian Affairs in the dustry. The treasure hunt resulted; the Before I speak to the substance of the Department of the Interior. He was treasures were found. They are looking amendment, whenever we talk about president of the Fairbanks Chamber of for multimillion-dollar verdicts or set- gun issues, it seems some who are op- Commerce and in 1997 was named Busi- tlements to go to the trial lawyers and posed say that is making it political. I ness Leader of the Year by the Univer- municipal governments they represent. do not quite get that. People on this sity of Alaska. If there are legitimate creditors out side have as firmly held beliefs as the He is going to be remembered for his there in a bankruptcy settlement, they people on the other side. Most Ameri- work on the Alaska Native Claims Set- are no longer protected because we cans seem to support what we are for, tlement Act, landmark legislation in have taken those companies out and and if that is political, so be it. That is 1971, which was a tremendous economic they simply fall away. The effect of the democracy. boost for our Native people. His great- Levin amendment would be that law- Mr. HATCH. Will the Senator yield? est legacy will be among the young yers and government bureaucrats get Mr. SCHUMER. I will be happy to people of our State who have benefited paid first. Remember that: Lawyers yield. from Morris Thompson’s fellowship and government bureaucrats get paid Mr. HATCH. I ask the Senator, since program and the Doyon Foundation, first. If there is anything left in this he is just starting his remarks, if he which he created to subsidize tuition kind of bankruptcy of these multi- will yield to the distinguished Senator for Native students in Alaska. million-dollar verdicts, then and only from Alaska who has a very short My heart goes out to the Thompsons’ then will a creditor get a dime. statement. surviving daughters, Nicole and Alli- The Levin amendment would also Mr. SCHUMER. I will be happy to son, and to all the members of their hurt the very people it claims to help yield as long as the rest of my time is family. Morrie has not just been a po- because it would make it unlikely that reserved. litical friend or a business friend. We more than a fraction of the judgments, Mr. HATCH. We will go right back to have joined one another in each other’s if that much, would ever get paid off. the Senator from New York. I thank homes for dinner and raised our chil- This is because it would prevent more my colleague for his courtesy. dren together in a way.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S187 There are many families, I am sure, Third, we are not saying that all gun height of special interest folly if we al- mourning over this terrible tragedy. manufacturers are subject to suit or lowed dealers to escape the punishment Also on that plane was the son of a subject to successful suit. I heard the meted out by a civil court through a former State legislator, Margaret Senator from Idaho mention Wal-Mart. bankruptcy loophole that was never in- Branson. Her son Malcolm and his This is not a suit aimed at Wal-Mart. tended to allow people to evade justice. fiancee Janice Stokes, both of Ketch- This is a suit aimed at dealers, often a This amendment is about justice, ikan, were returning from a vacation handful of dealers, who are reckless, or pure and simple. It doesn’t preordain in Mexico. worse, in the way they distribute guns. what the courts will decide, but it I have this report for the Senate. I About 6 months ago, my office issued clearly states that if the court should have been in touch with Jim Hall of a report which showed that 1 percent of decide a gun manufacturer or a gun the National Transportation Safety the dealers issued close to 50 percent of dealer was reckless, was negligent, Board and the Secretary of Transpor- the guns traceable in crimes. These then they can be held accountable. If tation, Secretary Slater. It is my in- were not the 1 percent who had the we don’t pass it, it is another in a long tention to go to California on Thursday greatest volume. These were obviously line of sops to the gun lobby in which to meet with NTSB officials in Oxnard the 1 percent who, for some reason, this Chamber has unfortunately par- and the Coast Guard officials in Port were not living up to their responsibil- ticipated over the last several years. I Hueneme, CA, concerning the crash. ities under the Brady law, which is the hope this body has the courage to stand I say to the Senate that Alaska Air- law of the land. That kind of fact is tall and pass an amendment that we all lines has an exemplary safety record. what brought these suits about. know is right. In my State, their pilots and planes fly The suit, for instance, brought for- I thank the Chair for his courtesy. in the most challenging terrain and ward by the City of Chicago claims Mr. LIEBERMAN. Mr. President, I weather of our whole Nation, if not the that some manufacturers and some rise to express my opposition to Sen- world. This is a great tragedy for that dealers are completely reckless in how ator LEVIN’s amendment, which would small airline and for our State. they distribute guns. If each dealer deny bankruptcy protection to gun My thoughts are with those people were careful, if each dealer and manu- companies, and to explain the reasons who are involved in trying to make facturer did what the law says, the for my position. I intend to vote certain the airline continues and their number of people killed with guns by against Senator LEVIN’s amendment personal families of that airline who criminals and the number of children despite the fact that I have consist- are affected by this tragedy are cared who get guns would decline. These law- ently supported gun control legisla- for as well as the relatives of people suits are a very legitimate part of tion. who have lost their lives. American life. I know my colleague’s intentions are I thank my colleagues very much for I wish we didn’t need lawsuits, but good, but this amendment is not the their courtesy in allowing me to make since this Senate has stymied every right way to address the serious prob- this report to the Senate. single measure to bring rationality to lem of gun violence in our nation. It The PRESIDING OFFICER. Under would establish a dangerous new prece- the previous agreement, the Senator our laws about guns, not to take peo- ple’s guns away, as some of the oppo- dent in our Bankruptcy Code, and it from New York is recognized. would unfairly discriminate against an Mr. SCHUMER. Mr. President, I nents argue in terms of setting up a entire category of companies, regard- thank the Senator from Alaska for his straw man, but to say that the same less of whether a given company is be- remarks and say to him that—and I am responsibilities that someone who sure I speak for all the people of my drives a car or practices free speech having responsibly. In Connecticut, for State—we share the grief of the fami- has, because none of those rights is ab- example, Colt’s Manufacturing, which lies who have lost loved ones and all solute, should be visited upon gun man- has been at the forefront of developing those who have been affected by this ufacturers, gun dealers and, yes, gun new technologies to make guns safer, terrible tragedy. To hear of an out- owners. If this Chamber had moved for- teeters at the edge of bankruptcy be- standing citizen and his wife and ward in accordance with the will of the cause it has been caught up in the tide daughter losing their lives on that American people, we wouldn’t have of lawsuits against gun companies. flight reminds us all that there but for these lawsuits. But that is not the Would it be fair to deny Colt the nor- the grace of God go each of us. case. One can speculate as to why. mal protections afforded to any com- pany trying to reorganize? My col- f We have a Senate totally deadlocked, a Congress unable to even pass some- league from Michigan refers to the ir- BANKRUPTCY REFORM ACT OF thing as minute as closing the gun responsible practices of a few gun com- 1999—Continued show loophole. So we have these suits. panies, but his amendment could crip- Mr. SCHUMER. Mr. President, before They are legitimate lawsuits. They are ple reputable companies such as Colt’s. I get into the substance of my remarks, tried by a jury in accordance with Senator LEVIN seeks to amend the every time some of us on this floor American law. Bankruptcy Code so that firearm man- bring up gun issues—not to eliminate Mr. President, I ask the Senator from ufacturers filing for reorganization them, but to make sure those who Michigan to yield me 3 additional min- would not be entitled to the ordinary should not have them do not get utes. protections from product liability law- them—we hear from those who are op- Mr. LEVIN. I yield my friend from suits. He argues that a loophole in the posed to us that we are being political. New York 3 additional minutes. bankruptcy system allows gun compa- I do not understand that remark The PRESIDING OFFICER. We have nies to stay lawsuits and discharge other than it being a defensive remark. approached the time for the recess. their debts. In fact, the stay of law- First, I believe my views as strongly, Mr. SCHUMER. I thank the Chair for suits and discharge of debts to which say, as the Senator from Idaho believes his courtesy. Senator LEVIN refers is no loophole, his. I do not think I am being any more It is not the major gun dealers who but is essential to the proper operation or any less political than he is by de- are seeking the shield of bankruptcy; it of Chapter 11 of the Bankruptcy Code. fending that viewpoint. That is what is the companies, sometimes small, On more than one occasion, otherwise the Senate is all about. often nasty, that have sought this. healthy companies have been hit with Second, if one wants to argue about Look at the so-called ring of fire, gun huge numbers of product liability cases politics, a vast majority of Americans manufacturers around the city of Los simultaneously, and had to file for pro- support the position I support. That is Angeles that manufacture cheap hand- tection under Chapter 11. One recent what democracy is all about, and poli- guns, who know darn well that those example is Dow Corning, which filed tics is a good thing if you are rep- handguns are often ending up in the for reorganization in response to the resenting people’s views and trying to hands of young people who shouldn’t thousands of lawsuits over silicone do good for your country, your State, have them. They are the people against breast implants, and which is now pay- and your communities. So I do not whom the Senator from Michigan so ing out claims in an orderly and expe- quite get the political nature of the wisely is seeking to allow the court ditious process. If the lawsuits are not comment. process to continue. It would be the stayed by the bankruptcy court, then

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S188 CONGRESSIONAL RECORD — SENATE February 1, 2000 resolved in one tribunal, the company clusion of which time I will propound a ball skills but whose inspirational life would be more likely to fail before all unanimous consent request regarding is the kind of leadership we need more claimants can litigate their cases. Senate Resolution 250 related to the of in this country. When asked about Chapter 11 does not allow a company to Super Bowl champions, the St. Louis his own inspiration, he said he gets in- evade lawsuits, but rather to pay out Rams. spiration from his family and the claims proportionately and fairly to all The PRESIDING OFFICER. Without handicapped member of the family who claimants, hopefully in a way that objection, it is so ordered. every day, when falling down, gets keeps the company afloat. The Senator from Missouri. back up. For the most valuable player This rationale for Chapter 11 bank- f in the Super Bowl, the most valuable ruptcy applies to the gun industry as SUPER BOWL CHAMPIONS ST. player in the National Football well. I understand why my colleague LOUIS RAMS League, to understand that we can all criticizes the practices of companies learn from each other and we can learn such as Lorcin, which churn out the Mr. ASHCROFT. Mr. President, I ap- from even those in their heroic efforts ‘‘Saturday Night Specials’’ favored by preciate this opportunity to make a who have not the talents that we do criminals. But his amendment to the comment on an event which is very im- but have the courage to get back up, Bankruptcy Code is not narrowly draft- portant to the State of Missouri, very that is a tremendous thing. ed to target those companies. Many important to the city of St. Louis, very It is with that in mind that I will municipalities and gun control groups important to this Senator. talk a bit about the St. Louis Rams It happens that over the weekend, have adopted a strategy of filing mul- today, the Ram team, including Kurt the St. Louis Rams encountered a very tiple, simultaneous product liability Warner, and then Marshall Faulk, who energetic and talented team, the Ten- set the all-time record for combined lawsuits, in which all gun companies nessee Titans, in Atlanta to settle the yardage this year. I thrill to the fact are named as defendants irrespective of issue of who would be the Super Bowl that there are youngsters in my State their particular practices. The lawsuits NFL champions this year. In a very and across America who are saying: I have not succeeded on the merits thus hard fought game that represented the want to be like Marshall Faulk; I want far, but the costs of litigation are highest of effort by both teams, the to be like Kurt Warner and this team threatening the financial viability of Rams prevailed. There are those who of individuals who are such out- many of the smaller companies. from time to time ask me if I was nerv- standing individuals; Isaac Bruce, who Colt’s Manufacturing, which is ous at any time. I think they were hop- has been so productive as a football among the most progressive firearms ing I would say I was never nervous. manufacturers in the country, has been Well, I got pretty nervous toward the player and such an exemplary leader in drawn into the same lawsuits. Seventy end of the game. But I was very pleased our community. There are statistics about this team. percent of Colt’s sales are to law en- with the result because there is no They won the West divisional title forcement and defense agencies, and team more worthy of having won this with a 13 and 3 record. They posted an the company does not produce ‘‘Satur- game than the St. Louis Rams. day Night Specials.’’ Although Colt’s I will just say a few things about the undefeated record at home. That is has limited assets, it has been working St. Louis Rams, about that marvelous something special to me because that to develop ‘‘smart gun’’ technology and effort of a crew we call the ‘‘go to was in the TWA Dome. When I was other innovations that will reduce work,’’ ‘‘gotta go to work’’ crew in St. Governor of the State of Missouri, it handgun violence. Nevertheless, Colt’s Louis. Different football teams are un- was my responsibility to be involved in has been named as a defendant in all 29 derstood and known for different the construction of that dome and to lawsuits filed so far. Despite the fact things. The St. Louis Rams have a slo- see to it that it came in under budget that Colt’s has won four decisions and gan: Gotta go to work. I don’t think and on time and was a great facility. lost no final judgments, insurance com- there is a better slogan anywhere for a But no facility ever achieves greatness panies are pulling their coverage and sports team than a sports team that unless there are great things done investors have been reluctant to pro- elevates the idea of work. It is work there—to have the team come and be vide new capital. In one year, the com- that brings us to any goal, to the undefeated there this year and, of pany has gone from 1200 to 400 employ- achievements we enjoy. It is work that course, have other great things there. ees. Colt’s reports that it is in financial gives us successful families. It is work The Pope visited St. Louis and was at jeopardy as a result of the lawsuits, that allows America to compete suc- the TWA Dome, and Billy Graham and may soon have to file for reorga- cessfully around the world. It is that came to St. Louis this year and was at nization under Chapter 11, as it did sev- work ethic, expressed by the St. Louis the TWA Dome. There are some people eral years ago. The amendment we are Rams, that made them world cham- who think it is important to invite the considering today would be devastating pions. Pope and Billy Graham back next year to Colt’s. Rather then being given a For me to have the opportunity to so we can go undefeated another time. chance to reorganize, the company stand today and say a few words about We would be pleased to have them would slowly be bled dry. Along with the St. Louis Rams, the fact that they come back because they bring the kind lost jobs in my state, the nation would had the work ethic necessary to prevail of presence to St. Louis that all of us lose a responsible company with a his- in the Super Bowl over an excellent cherish and want. tory of great craftsmanship which has team from Tennessee, is something for To watch our quarterback, Kurt War- been looking for solutions to the epi- which we are all grateful. ner, who enjoyed one of the best sea- demic of handgun violence. I will talk a little bit about the kind sons ever by an NFL quarterback, be- No industry has ever been singled out of statistical year the Rams had. We coming only the second player in his- in the Bankruptcy Code for this sort of had Kurt Warner, who is one of the tory to throw more than 40 touchdown discriminatory treatment. The case great Horatio Alger stories of America. passes and to realize that he wasn’t has not been made for why Chapter 11 People talk about rags to riches. I discovered as a starting quarterback should not apply equally to all sectors don’t know if he has gotten to riches until this year’s circumstances thrust of the economy. There are many pos- yet. He was at the minimum wage in him into the position, it was an amaz- sible legislative approaches for ad- the National Football League before ing thing: completing 66 percent of his dressing the appalling rates of gun vio- they decided to give him a bonus this passes; 10 300-yard games in the season; lence in the United States, but this is year, and I don’t know that he was in setting a new Super Bowl record for 414 not one of them. I urge my colleagues rags, but 5 years ago he was bagging yards in passing. The offense of the to oppose the amendment. groceries in Iowa because he hadn’t Rams team: 526 points, the third high- Mr. ASHCROFT addressed the Chair. quite gotten the opportunity to dem- est single-season record ever. The PRESIDING OFFICER. The Sen- onstrate his skills in football. Maybe Of course, Kurt Warner was named ator from Missouri. this would be called from bags to the NFL player of the year. He took his Mr. ASHCROFT. I ask unanimous riches. $30,000 award and gave it to Camp consent to speak as in morning busi- The truth is, it is a heroic story of an Barnabus, which is a camp for young ness for up to 10 minutes, at the con- individual who has not only great foot- people in southern Missouri. This

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S189 wasn’t a $30,000 donation by someone tories and, yes, even defeats bring us rating in league history, completing a who is making the big salaries; this together and are valuable to us. It is league-best 65 percent of his passes, modeling was a $30,000 donation by someone who with that in mind I thank Smash for consistency with ten 300-yard games, and is earning the minimum wage in the his great leadership as the MC of that setting a new Super Bowl record of 414 pass- ing yards; NFL. I could go on. The resolution that rally. I thank the fans of St. Louis. The Rams’ offense produced 526 points, the I will propound not only talks about f third-highest single regular season total; Kurt Warner but extols the greatness RECOGNIZING THE ACHIEVEMENT Rams’ quarterback Kurt Warner was of Marshall Faulk. These individuals OF THE ST. LOUIS RAMS IN WIN- named the Miller Lite NFL Player of the are as great, or greater, off the field Year, donating the $30,000 award to Camp NING SUPER BOWL XXXIV than they are on the field. That is what Barnabas, a Missouri-based Christian sum- is so inspiring—their commitment to Mr. ASHCROFT. Mr. President, I ask mer camp for disabled children, and became community. unanimous consent that the Senate only the sixth player to capture both the Na- Isaac Bruce caught 77 passes for 1,165 now proceed to the immediate consid- tional Football League’s Most Valuable eration of S. Res. 250, submitted earlier Player and the Super Bowl Most Valuable yards and 12 touchdowns in the regular Player in the same season; season and led the Rams to a Super by me, Senator ASHCROFT, along with Rams’ running back Marshall Faulk, in the Bowl victory with 6 receptions for 162 Senator KIT BOND and Senator PETER regular season, set an all-time record for yards, including a game-winning 73- FITZGERALD, and Senator DURBIN of Il- yards from scrimmage with 2,429, became the yard touchdown reception that, frank- linois. second player in NFL history with 1,000 ly, required him to make a very big ef- The PRESIDING OFFICER. Without yards rushing and receiving in the same sea- fort to come back and get the ball and objection, it is so ordered. son, had the highest average yards per rush go get the score. What a tremendous The clerk will report the resolution in the league and caught 87 passes, the inspiration it was. by title. fourth highest in the NFC; On defense, Todd Lyght led the Rams The assistant legislative clerk read Rams’ wide receiver Isaac Bruce caught 77 passes for 1,165 yards and 12 touchdowns in with a regular season career high of six as follows: the regular season and led the Rams in Super interceptions, including a touchdown. A resolution (S. Res. 250) recognizing the Bowl XXXIV with six receptions for 162 He started in 97 straight games. Now, outstanding achievement of the St. Louis yards, including the winning 73-yard touch- there is durability. Talk about having Rams in winning Super Bowl XXXIV. down in the fourth quarter; to go to work. That is the longest cur- There being no objection, the Senate Rams’ left corner back Todd Lyght led the rent streak with the team. proceeded to consider the resolution. Rams with a regular season career-high six Rams’ linebacker Mike Jones ended Mr. ASHCROFT. Mr. President, I ask interceptions, including one touchdown, and the very spectacular and heroic effort unanimous consent that the resolution has started in 97 straight games, the longest current streak with the team; of the Tennessee Titans on the 2-yard be agreed to, the preamble be agreed Rams’ linebacker Mike Jones had four line with the game-winning tackle as to, and the motion to reconsider be laid interceptions in the regular season, two of the time ran out in the Super Bowl. upon the table. which he returned for touchdowns, and had I could also talk about wide receiver The PRESIDING OFFICER. Without the game winning tackle on the last play of Terry Holt and about Coach Dick objection, it is so ordered. Super Bowl XXXIV; Rams’ wide receiver Vermeil, named NFL coach of the year, The resolution (S. Res. 250) was Torry Holt set a Super Bowl rookie record the oldest coach ever to win a Super agreed to. with seven catches for 109 yards in Super Bowl. He, of course, retired from coach- The preamble was agreed to. Bowl XXXIV, including a nine-yard touch- ing, but he came back because he still The resolution, with its preamble, down pass in the third quarter. had a burning capacity within him to reads as follows: Whereas, the St. Louis Rams Head Coach Dick Vermeil was named NFL’s coach of the motivate and help young people, and S. RES. 250 year, and is the oldest coach to win a Super the football team reached the max- Whereas, in 1995 the Los Angeles Rams re- Bowl; imum of its potential. located to St. Louis, Missouri and became Whereas, the St. Louis Rams lead the It is with that in mind I wanted to the St. Louis Rams; league with 6 players chosen to start in the propound a resolution to congratulate Whereas, the arrival of the St. Louis Rams 2000 Pro Bowl; and, not only the team, the St. Louis Rams, ushered in a new era of unity in the St. Louis Whereas, the St. Louis Rams won Super but, frankly, the fans of St. Louis. No community fortified by the enthusiasm and Bowl XXXIV, defeating the valiant Ten- group of fans that I know of is more in- energy of the St. Louis Rams’ fans and the nessee Titans 23–16 in the most exciting fin- telligent, understanding of the game, spirit and drive of the St. Louis Rams orga- ish in Super Bowl history. Now, therefore, be nization; it and more supportive of a team than the Whereas, the St. Louis Rams’ fans have in- Resolved, That the Senate fans in St. Louis. The fans came to- corporated the unifying spirit of the Rams (1) commends the unity, loyalty, commu- gether with the team over and over into the community, making the St. Louis nity spirit, and enthusiasm of the St. Louis again. They stuck with the team in area an even better place to live and work; Rams fans; previous years when we were the worst Whereas, the members of the St. Louis (2) applauds the St. Louis Rams for their in the league and helped carry the Rams’ team, including Kurt Warner, Mar- commitment to high standards of character, team when we were first in the league. shall Faulk, and Isaac Bruce, exemplify the perseverance, professionalism, excellence, character, sportsmanship, and integrity— That is very important. sportsmanship and teamwork; both on and off the field—to which all Amer- (3) praises the St. Louis Rams’ players and I was at a tremendous celebration in icans can aspire; St. Louis, and the individual who an- organization for their commitment to the Whereas, the St. Louis Rams’ rallying cry, Greater St. Louis, MO community through nounces the team onto the field in each ‘‘Gotta Go To Work,’’ embodies the great their many charitable activities; game, who is also a disc jockey at KSD American work ethic, and symbolizes the (4) congratulates both the St. Louis Rams FM, Smash, Asher Benrubi, was lead- perseverance, dedication, talent and motiva- and Tennessee Titans for providing football ing this rally. It became very apparent tion of the St. Louis Rams football team and fans with a thrilling Super Bowl played in a to me that the biggest contribution of the St. Louis community; sportsmanlike manner; the St. Louis Rams is the contribution Whereas, in the 1999–2000 season, the St. (5) recognizes the achievements of all the Louis Rams committed themselves to the players, coaches, and support staff who were of community, because the community motto, ‘‘Gotta Go To Work,’’ and achieved has come together around this team in instrumental in helping the St. Louis Rams record accomplishments: win Super Bowl XXXIV; a special way that unites us all. Unity The Rams won the NFC West divisional (6) commends the St. Louis Rams for their is the most important characteristic of title with a 13–3 record; victory in Super Bowl XXXIV on January 30 any organization. When you can be uni- The Rams posted an undefeated record at 2000; and home, winning all ten games in the Trans fied and work together, that is some- (7) directs the Secretary of the Senate to World Dome, the longest home winning thing to behold. make available enrolled copies of this resolu- streak for the Rams since 1978; It struck me at the time that the last tion to the St. Louis Rams’ owners, Georgia Rams’ quarterback Kurt Warner enjoyed Frontiere and Stan Kroenke, and to the St. five letters of the word ‘‘community’’ one of the best seasons by a quarterback in Louis Rams’ Head Coach, Dick Vermeil. are the word ‘‘unity.’’ Those things, NFL history, becoming only the second play- those challenges in our lives, and those er to throw 40 or more touchdown passes in Mr. ASHCROFT. Mr. President, I opportunities in our lives, those vic- a season (41), recording the fifth-best passer yield the floor.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S190 CONGRESSIONAL RECORD — SENATE February 1, 2000 RECESS women and labor and low- and mod- Chafee Hatch Roth erate-income people are for this Cochran Helms Santorum The PRESIDING OFFICER. Under Collins Hutchinson Sessions the previous order, the hour of 12:30 amendment. I certainly hope the Sen- Coverdell Hutchison Shelby having arrived and passed, the Senate ate will vote for this amendment. Craig Inhofe Smith (NH) The PRESIDING OFFICER. The Sen- Crapo Johnson Smith (OR) is in recess until the hour of 2:15 p.m. DeWine Kyl ator from Iowa. Snowe Thereupon, the Senate, at 12:46 p.m., Domenici Lincoln Specter Enzi Lott recessed; whereupon, at 2:15 p.m., the Mr. GRASSLEY. Mr. President, the Stevens Frist Lugar Senator from Minnesota is asking the Thomas Senate reassembled when called to Gorton Mack Thompson order by the Presiding Officer (Mr. Senate to put these provisions in law Gramm McConnell Thurmond INHOFE). in the bankruptcy code for loans that Grams Murkowski are legal under State law. Grassley Nickles Voinovich f Warner He would have this done in two ways: Hagel Roberts BANKRUPTCY REFORM ACT OF No. 1, he would say that the State NAYS—44 1999—Continued judges could not enforce these debt col- Akaka Edwards Levin lections; and, No. 2, he would say that Baucus Feingold Lieberman The PRESIDING OFFICER. The Bayh Feinstein in bankruptcy it could not be recovered Mikulski question is on agreeing to the motion Biden Graham Moynihan to table the Wellstone amendment No. in bankruptcy. Bingaman Harkin Murray First of all, these are legal contrac- Boxer Hollings Reed 2537 to S. 625. Under the previous agree- Breaux Inouye ment, there will be 5 minutes equally tual relations. They are legal under Reid Bryan Jeffords Robb State law. So it ought to be questioned Byrd Kennedy divided. Rockefeller Cleland Kerrey Who yields time? whether or not the Senate of the Sarbanes Conrad Kerry United States or the legislatures of Schumer Mr. WELLSTONE. Mr. President, I Daschle Kohl wonder whether I could ask unanimous Minnesota and Iowa ought to be mak- Dodd Landrieu Torricelli consent that the vote be first on the ing these determinations. It is my Dorgan Lautenberg Wellstone Wyden payday amendment. judgment that we should not use the Durbin Leahy The PRESIDING OFFICER. Is there bankruptcy code to upset the legal ANSWERED ‘‘PRESENT’’—1 objection? bankruptcy laws of the respective Fitzgerald Without objection, it is so ordered. States. NOT VOTING—2 I ask my colleagues to vote this Mr. WELLSTONE. I thank my col- Gregg McCain leagues. I thank Senator GRASSLEY amendment down. The motion was agreed to. from Iowa. Mr. WELLSTONE. Mr. President, AMENDMENT NO. 2537, WITHDRAWN AMENDMENT NO. 2538 how much time do I have remaining? The PRESIDING OFFICER. The Sen- Mr. WELLSTONE. Mr. President, I The PRESIDING OFFICER. If the ask unanimous consent to withdraw Senator will yield for a moment, the ator has 18 seconds remaining. Mr. WELLSTONE. Mr. President, I amendment No. 2537. question is on agreeing to the motion The PRESIDING OFFICER. Without want to point out to my colleagues to table amendment No. 2538 by Sen- objection, it is so ordered. ator WELLSTONE. that a lot of these unscrupulous credit Mr. HATCH. Mr. President, I suggest Mr. WELLSTONE. I thank the Chair. companies get around State regula- the absence of a quorum. Mr. President and colleagues, I was tions and protections through Federal The PRESIDING OFFICER. The on the floor earlier talking about this law. A lot of them are chartered by clerk will call the roll. whole problem of payday amendments, Federal law. The legislative clerk proceeded to payday loans, and car title pawns. To So it is certainly appropriate to take call the roll. make a long story short, it is a very this action if we want to protect con- Mr. FEINGOLD. Mr. President, I ask unscrupulous practice. You have tar- sumers and not be on the side of these unanimous consent that the order for gets of low-income, you have targets of loan sharks. the quorum call be rescinded. women, you have targets of seniors The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without who basically get a loan because of ator’s time has expired. objection, it is so ordered. something that happened in the fam- Mr. GRASSLEY. I yield my time. AMENDMENT NO. 2667 ily—medical emergency, you name it, The PRESIDING OFFICER. All time (Purpose: To encourage the democratically for $100, $200. It is rolled over and over is yielded. The vote will now occur on elected government of Indonesia and the again. They can end up being charged the tabling motion. armed forces of Indonesia to take such ad- Mr. GRASSLEY. I ask for the yeas ditional steps as are necessary to create a 300, 400, or 500 percent a year—or a lien peaceful environment in which the results can be put on their car. The car can be and nays. of the August 30, 1999, vote on East Timor’s repossessed and sold. There isn’t a re- The PRESIDING OFFICER. Is there a political status can be implemented) quirement in many States that these sufficient second? Mr. FEINGOLD. Mr. President, I call families at least get back what they no There is a sufficient second. up amendment No. 2667. longer owe to these creditors. I don’t The question is on agreeing to the The PRESIDING OFFICER. The know why, when it comes to bank- motion to table amendment No. 2538. clerk will report. ruptcy, those lenders who in good faith The yeas and nays have been ordered. The legislative clerk read as follows: have provided loan money to people The clerk will call the roll. The Senator from Wisconsin [Mr. FEIN- should be crowded out. The bill clerk called the roll. GOLD] proposes an amendment numbered This amendment simply says if you Mr. FITZGERALD (when his name 2667. are charging over 100 percent in annual was called). Present. Mr. FEINGOLD. Mr. President, I ask interest on a loan and the borrower Mr. NICKLES. I announce that the unanimous consent that reading of the goes bankrupt, you cannot make a Senator from New Hampshire (Mr. amendment be dispensed with. claim on that loan or the fees from GREGG) and the Senator from Arizona The PRESIDING OFFICER. Without that loan. (Mr. MCCAIN) are necessarily absent. objection, it is so ordered. This is all about whether we are on The PRESIDING OFFICER. Are there The amendment is as follows: the side of a lot of vulnerable citizens— any other Senators in the Chamber At the appropriate place in the bill, insert on the side of single parents, families, who desire to vote? the following: women, on the side of moderate-income The result was announced—yeas 53, TITLE ll—EAST TIMOR SELF- citizens—or on the side of these loan nays 44, as follows: DETERMINATION ACT OF 1999 sharks. SEC. ll01. SHORT TITLE. [Rollcall Vote No. 1 Leg.] This title may be cited as the ‘‘East Timor This amendment, I believe, should YEAS—53 Self-Determination Act of 1999’’. get a huge vote. Every consumer orga- Abraham Bennett Bunning SEC. ll02. FINDINGS; PURPOSE; SENSE OF SEN- nization is for this amendment, and Allard Bond Burns ATE. many other organizations representing Ashcroft Brownback Campbell (a) CONGRESSIONAL FINDINGS.—

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S191 (1) On August 30, 1999, in accordance with SEC. ll03. SUSPENSION OF SECURITY ASSIST- (3) taking effective measures to bring to the May 5, 1999, agreement between Indo- ANCE. justice members of the Indonesian armed nesia and Portugal brokered by the United (a) SUSPENSION AND SUPPORT.— forces against whom there is credible evi- Nations, and subsequent agreements between (1) ASSISTANCE.—None of the funds appro- dence of aiding or abetting militia groups; the United Nations and the governments of priated or otherwise made available under (4) allowing displaced persons and refugees Indonesia and Portugal, a popular consulta- the following provisions of law (including to return home to East Timor, including pro- tion took place, in which 78.5 percent of East unexpended balances of prior year appropria- viding safe passage for refugees returning Timorese rejected integration with Indo- tions) may be available for Indonesia: from West Timor; nesia, setting the stage for a transition to (A) The Foreign Military Financing Pro- (5) not impeding the activities of the Inter- independence pursuant to the terms of the gram under section 23 of the Arms Export national Force in East Timor (INTERFET) May 5, 1999, agreement. Control Act. or its successor, the United Nations Transi- (2) On October 19, 1999, the Indonesian Peo- (B) Chapter 2 of part II of the Foreign As- tional Administration in East Timor ple’s Consultative Assembly agreed to ratify sistance Act of 1961 (relating to military as- (UNTAET); the August 30, 1999, vote results, leading the sistance). (6) ensuring freedom of movement in West United Nations Security Council, on October (C) Chapter 5 of part II of the Foreign As- Timor, including by humanitarian organiza- 25, 1999, to authorize a United Nations Tran- sistance Act of 1961 (relating to inter- tions; and sitional Administration in East Timor national military education and training as- (7) demonstrating a commitment to pre- (UNTAET), which was to include deployment sistance). venting incursions into East Timor by mem- of an international police and military force (D) Section 2011 of title 10, United States bers of militia groups in West Timor. Code. with up to 1,640 officers and 8,950 troops. SEC. ll04. MULTILATERAL EFFORTS. (2) LICENSING.—None of the funds appro- (3) The United Nations Commission on The President should continue to coordi- priated or otherwise made available under Human Rights, in a special session meeting nate with other countries, particularly mem- any provision of law (including unexpended on September 27, 1999, called on the United ber states of the Asia-Pacific Economic Co- balances of prior year appropriations) may Nations Secretary General to establish an operation (APEC) Forum, to develop a com- be available for licensing exports of defense international commission of inquiry to in- prehensive, multilateral strategy to further articles or defense services to Indonesia vestigate violations of human rights in East the purposes of this Act, including urging under section 38 of the Arms Export Control Timor, and urged the cooperation of the In- other countries to take measures similar to Act. donesian government and military. those described in this title. (4) The Secretary General subsequently di- (3) EXPORTATION.—No defense article or de- SEC. ll05. REPORT. rected Mary Robinson, the United Nations fense service may be exported or delivered to High Commissioner on Human Rights, to ap- Indonesia or East Timor by any United Not later than 30 days after the date of en- point a United Nations commission on Octo- States person (as defined in section 16 of the actment of this Act, and every 6 months ber 15, 1999, which is due to report its conclu- Export Administration Act of 1979 (50 U.S.C. thereafter until the end of the UNTAET sion to the Secretary General by December App. 2415)) or any other person subject to the mandate, the Secretary of State shall submit 31, 1999. jurisdiction of the United States except as a report to the appropriate congressional (5) The Indonesian People’s Consultative may be necessary to support the operations committees on the progress of the Indo- Assembly on October 20, 1999, chose of an international peacekeeping force in nesian government toward the meeting the Abdurrahman Wahid as President of the Re- East Timor or in connection with the provi- conditions contained in paragraphs (1) public of Indonesia and the next day also sion of humanitarian assistance. through (7) of section ll03(c) and on the chose as Vice President, Megawati (4) PROHIBITION ON PARTICIPATION IN ASIA- progress of East Timor toward becoming an Soekarnoputri PACIFIC CENTER FOR SECURITY STUDIES.—Pro- independent nation. (6) President Wahid has invited Xanana grams of the Asia-Pacific Center for Secu- SEC. ll06. APPROPRIATE CONGRESSIONAL Gusmao to meet and has written to the rity Studies may not include participants COMMITTEES DEFINED. United Nations Secretary General officially who are members of the armed forces of In- In this title, the term ‘‘appropriate con- informing him of the decision to end Indo- donesia or any representatives of the armed gressional committees’’ means the Com- nesia’s administration of East Timor, and of forces of Indonesia. mittee on Foreign Relations and the Com- East Timor’s independence, and expressing (5) PROHIBITION ON ASSISTANCE THROUGH mittee on Appropriations of the Senate and his hope ‘‘that East Timor will become an MILITARY-TO-MILITARY CONTACTS.—The au- the Committee on International Relations independent state’’. thority for military-to-military contacts and and the Committee on Appropriations of the (7) As of late October 1999, according to comparable activities under section 168 of House of Representatives. United Nations officials and other inde- title 10, United States Code, may not be ex- Mr. FEINGOLD. Mr. President, as I pendent observers, more than 200,000 East ercised in a manner that provides any assist- understand it, I have 30 minutes under ance to the government or armed forces of Timorese remain displaced in camps in West my control for purposes of this amend- Timor and elsewhere in Indonesia, under Indonesia. constant threat by civilian militia and in (b) INAPPLICABILITY TO CERTAIN ITEMS AND ment. some cases denied access to assistance by the SERVICES ON THE UNITED STATES MUNITIONS The PRESIDING OFFICER. The Sen- United Nations humanitarian agencies. LIST.—Paragraphs (2) and (3) of subsection ator is correct. (a) do not apply to the export, delivery, or (b) SENSE OF THE SENATE.—It is the sense Mr. FEINGOLD. I thank the Chair. I servicing of any item or service that, while intend to withdraw this amendment of the Senate that— on the Commerce Control List of dual-use (1) the United States should congratulate items in the Export Administration Regula- after I and other Senators interested in the people of Indonesia on its democratic tions, was licensed by the Department of the amendment have had a chance to transition and welcome the efforts of the Commerce for export to Indonesia but is in a talk within the 30-minute period. new Indonesian government to bring a peace- category of items or services that, within As I said late last year, this amend- ful end to the crisis in East and West Timor; two years before the date of the enactment ment is considerably different from my (2) the results of the August 30, 1999, vote of this Act, was transferred by law to the on East Timor’s political status, which ex- original bill, S. 1568, the East Timor United States Munitions List for control Self-Determination Act. I made signifi- pressed the will of a majority of the Timor- under section 38 of the Arms Export Control ese people, should be fully implemented; Act (22 U.S.C. 2778). cant alterations to it in order to re- (3) economic recovery in Indonesia is es- (c) CONDITIONS FOR TERMINATION.—Subject spond to changing events and the con- sential to political and economic stability in to subsection (b), the measures described in cerns of other Senators and the admin- the region; and subsection (a) shall apply with respect to the istration. (4) the President, the Secretary of State, government and armed forces of Indonesia My amendment would have sus- the Secretary of the Treasury, and Congress until the President determines and certifies pended all military and security assist- should work with the people of Indonesia to to the appropriate congressional committees restore Indonesia’s economic vitality. that the Indonesian government and the In- ance to Indonesia until clear steps had (c) PURPOSE.—The purpose of this Act is to donesian armed forces are— been taken to stop the harassment of encourage the government of Indonesia and (1) taking effective measures to bring to East Timorese refugees, to end the col- the armed forces of Indonesia to take such justice members of the Indonesian armed lusion between violent militia groups additional steps as are necessary to create a forces and militia groups against whom and the Indonesian military, and to peaceful environment in which the United there is credible evidence of human rights hold those responsible for recent atroc- Nations Assistance Mission to East Timor violations; ities accountable for their actions. (UNAMET), the International Force for East (2) demonstrating a commitment to ac- My amendment would have put this Timor (INTERFET), and the United Nations countability by cooperating with investiga- Transitional Administration in East Timor tions and prosecutions of members of the In- body on the record in recognition of (UNTAET) can fulfill their mandates and im- donesian armed forces and militia groups re- the need to use United States military plement the results of the August 30, 1999, sponsible for human rights violations in In- and security assistance responsibly in vote on East Timor’s political status. donesia and East Timor; Indonesia.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S192 CONGRESSIONAL RECORD — SENATE February 1, 2000 My original bill, which passed the Wahid has taken in the direction of re- Timor itself. I yield the Senator from Foreign Relations Committee on Sep- form. And they will point to President Rhode Island such time as he needs. tember 27 by an overwhelming vote of Wahid’s most recent, public commit- The PRESIDING OFFICER. The Sen- 17–1, was introduced in the wake of the ment to holding military officers ac- ator from Rhode Island. violence that erupted after the results countable for their actions—actions Mr. REED. Mr. President, first, let of East Timor’s historic referendum now described in both Indonesian and me commend the Senator from Wis- were announced on September 4. It was U.N. investigations. consin for his efforts. He has spoken cosponsored by the chairman of the They are right to emphasize the posi- out forcefully and clearly and correctly Foreign Relations Committee, the dis- tive signals coming from the new gov- for so many months about our obliga- tinguished Senator from North Caro- ernment, and they are right to point tion to see that the people of East lina, as well as many other Members of out that the situation in Indonesia has Timor have a chance to chart their the Senate. changed significantly in the past four own course, to reach their own destiny, I took that action, in cooperation months. I recognize those changes, and to rule themselves. I thank him for his with my colleagues, because events in I have tried to respond to them as my efforts. East and West Timor demanded it. legislation has wended its way through Today this amendment is being with- While I am very pleased to have the this body. drawn, but this withdrawal should not opportunity to finally call up my legis- Make no mistake—the Indonesians be a signal that we are turning away lation on the Senate floor, it is unfor- were aware of the original legislation. from East Timor. Indeed, it is once tunate that this is being squeezed in to And over the last few months they again an opportunity to speak out and a debate on the bankruptcy bill rather have undoubtedly taken note of the demand that we do, in fact, attend to than standing alone. It is unfortunate changes that were made in this amend- the needs of this emerging country. that we are here debating this amend- ment—changes that sent a clear signal As the Senator from Wisconsin point- ment more than 4 months after the that the United States recognizes that ed out, I traveled to East Timor twice events in East Timor that gave rise to the government of Indonesia is moving last year. The first time was a week be- it. It is unfortunate and it is inappro- toward democracy and accountability, fore the referendum. I traveled with priate, because the events in East and we are very interested in partner- Senator HARKIN and our colleague from Timor that originally cried out for this ship with that kind of Indonesia. the other body, Congressman JIM legislation are deadly serious. And the While I support the notion that now MCGOVERN of Massachusetts. We were encouraging events that justified is an important time to reach out to- there a few days before the election. changes in the legislation are critically ward the new government in Jakarta, I What struck us was the incredible important. Both deserved thoughtful reject the idea that we should no courage of the people of East Timor. It consideration from the Senate. longer maintain intense pressure on was an ominous and foreboding atmos- On August 30, well over 99 percent of the Indonesian military. phere. Armed militias were roaming registered voters in East Timor coura- Whether or not the Indonesian mili- the countryside threatening people and geously came to the polls to express tary is committed to serving under the making it clear that their goal was to their will regarding the political status new, promising, democratically-elected intimidate all of the East Timorese ei- of that territory. regime remains to be seen. Recently, ther not to vote or to vote for contin- More than 78 percent of those voters rumors of coup plots and a possible ued association with Jakarta, with In- marked their ballot in favor of inde- military takeover of this fledgling de- donesia. Despite this, we saw countless pendence. mocracy circulated in Jakarta and East Timorese who were willing to risk But weeks of violence dampened the abroad. In recent months, ethnic and their lives, declaring to us that they jubilation that immediately followed religious violence erupted in Aceh, the would vote, they would risk their lives. the vote, as the Indonesian military—a Spice Islands, and elsewhere in Indo- I had occasion in Suai to be speaking military that the United States has nesia. Many reports indicate that ele- at a church where there were thou- long supported—colluded with militia ments of the Indonesian military con- sands of displaced persons gathered groups in waging a scorched earth cam- tinue to stand by and do nothing to around this church in the protection of paign throughout the territory. help the people they are supposed to three priests. I told them that the vote Thousands of people were forced to protect. is more powerful than the army. Not leave, and many were killed. So as we extend a welcome to Indo- only did they believe that, but they But for the East Timorese run out of nesia’s new government, we must send risked their lives to prove it. Sadly, their homes in the fray, the nightmare a strong message about the kind of be- with the conclusion of the referendum, did not end there. havior that we do not welcome, and the militias went wild, conducting a Just days ago, the Independent news- about the kinds of abuses that we will rampage throughout East Timor. In papers of London reported on the hor- not ignore. It remains as crucially im- fact, the three priests in Suai who were rible conditions in the remaining ref- portant today as it ever was to pres- leading their congregations were ugee camps in West Timor. In one part sure violent elements in Indonesia to slaughtered by the militias because of West Timor, UNICEF has found that do the right thing. And I serve notice they chose to talk about democracy 25 percent of refugee children are mal- to my colleagues and to the adminis- and independence and self-determina- nourished. tration—I stand ready to do just that. tion. To this day, militia members harass If U.S. policy fails to send a strong I returned back to East Timor in the and intimidate East Timorese in West message in favor of reform and ac- first week of December. Since the elec- Timor’s refugee camps. According to countability, I will seize any legisla- tion had taken place, the United Na- the United Nations High Commissioner tive opportunity necessary to fight for tions had authorized the intervention for Refugees, between 100,000 and a responsible policy—one that serves of international forces, and we owe a 150,000 refugees remain, in many cases United States and Indonesian interests great deal to the armed forces and the against their will, in the refugee in stability and justice. Government and the people of Aus- camps. Mr. President, how much time do I tralia because they launched thousands But some will say that we should re- have remaining? of Australian soldiers to enter that main silent on these matters, and con- The PRESIDING OFFICER (Mr. country, to stabilize that country, and tinue to let events in Timor and Indo- DEWINE). The Senator has used 6 min- literally to give a chance to the people nesia unfold without comment. Some utes and 40 seconds. of East Timor to build a democratic so- will say that the time for action has Mr. FEINGOLD. I yield such time as ciety. passed. They will point to the recent he wishes to the distinguished Senator The United States also contributed democratic elections in Indonesia, and from Rhode Island, who has truly been roughly 200 troops. The troops were led to the Indonesian government’s stated a great leader on this issue, making by our U.S. Marine Corps. The bulk of willingness to accept the results of the not only an effort on the Senate floor the troops were U.S. Army forces. August 30 ballot. They will note the but a personal effort to visit and see These troops, once again, displayed many encouraging steps that President exactly what is happening in East magnificently the ability of American

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S193 forces to respond to a crisis and to I had a chance to meet with the very viable and we are prepared to offer bring to bear not only our technology, Catholic Relief Service, which is doing it as an amendment to another bill if but our values, as they supported that great work there, and representatives the situation becomes difficult. struggling democracy, struggling to of the Catholic Church. We have a real At this point, I suggest the absence emerge in East Timor. Now, the Indo- obligation, also, to see that these dis- of a quorum. nesian Government has formally re- placed people in West Timor are al- The PRESIDING OFFICER. The nounced the claims of East Timor. It is lowed to go home safely and to re- clerk will call the roll. being administered in the interim by integrate into their society, into the The legislative clerk proceeded to the United Nations. new country of East Timor. The work call the roll. We had the chance in our last visit at is substantial. Mr. FEINGOLD. Mr. President, I ask the end of November, beginning of De- Today’s effort by the Senator from unanimous consent that the order for cember, to meet with the leadership of Wisconsin, after many days to get this the quorum call be rescinded. the United Nations. They are led by a measure to the floor, should, as I say, The PRESIDING OFFICER. Without very accomplished diplomat, Sergio not be a signal that the problem is objection, it is so ordered. DeMello. But I have to say that their solved and that we can withdraw— Mr. FEINGOLD. Mr. President, at efforts to date are quite feeble when it since no longer is East Timor cap- this time I am delighted to yield the comes to the difficult challenges they turing the front page headlines—it remaining time we have on the amend- face. So I think the whole inter- should be rather an opportunity for us ment to the distinguished Senator national community has to step up and to recommit ourselves to do the work from Iowa who, along with the Senator assist this effort of reconstruction be- of helping these people build a just, de- from Rhode Island, has shown not only cause one thing was painfully obvious cent, and viable society and country. a tremendous interest and dedication to us as we traveled through East Let me say a final word because we on the issue of East Timor but took the Timor—the country was deliberately, are all here today talking about an time and risks associated with actually cynically destroyed. Every building issue that has been on the minds of the visiting East Timor at a very critical that was worth habitation was burned. world for the last year because of the point and came back here to be key to Ironically and interestingly—because I publicity. But long before East Timor the entire effort to lead the East think the Indonesian military was call- was a well-known word in the United Timorian independence. Senator HAR- ing all the shots—they didn’t touch the States and around the capitals of the KIN, Senator REED, I, and others are churches because they knew that going to watch this every day to make would probably make CNN. But a few world, there was one Member of this sure this situation moves in the right feet away from every church, rows and Senate, Claiborne Pell, who strove direction and we don’t go backwards. rows of buildings were destroyed. We mightily to point out the injustice and I yield whatever time is necessary to met the people of East Timor, people the need for freedom. In 1992, Senator the Senator from Iowa. who are struggling for the basic sub- Pell traveled to Indonesia, saw Presi- The PRESIDING OFFICER. The Sen- sistence now after all the mayhem and dent Suharto, and asked him to hold a ator from Iowa. destruction. Once again, I commend plebiscite on self-determination. That Mr. HARKIN. Mr. President, I thank the military forces—particularly was a full 7 years, or more, before this the Chair. I thank my colleague and ours—that are there today helping out. referendum was held. He also wanted to We have a great deal to do to ensure visit East Timor but was denied per- friend from Wisconsin for yielding time that our words about independence, our mission to meet with Xanana Gusmao, to me but, more importantly, for his words about the value of democracy, then in a Jakarta prison. He held hear- strong and continued leadership on this and our words about self-determination ings and he kept this issue on the fore- issue of East Timor. are transferred into palpable progress front of the consciences of many in the As we all know, East Timor is a for the people of East Timor. We have world. In a very particular way, the small, new nation in a faraway place. A an opportunity, I say an obligation, to freedom of East Timor today is a trib- lot of times we tend to forget about it give them resources to get the job ute to his quiet, persistent efforts and push it off to the side. But we done. I believe we should start with an through many years. The fact that can’t. We can’t forget about what hap- appropriation of $25 million for human- today Xanana Gusmao is back home in pened in East Timor. I think it is in- itarian assistance so they can recon- East Timor, is a leader in that commu- cumbent upon us, as the leader of the struct their schools and infrastructure. nity, a community that will decide its world’s democracies and as the nation Literally, the militias and Indonesian own fate, a free country, emerging in that holds out to oppressed peoples all Army destroyed all records—postal the world, is a tribute again to Senator over the world the ideals of self-deter- records, all identification records, all Pell. mination and democratic institutions, land records. This country has been to- Let me conclude by thanking, once because we are in that position, that tally devastated, deliberately and cyni- again, Senator FEINGOLD for his great we have to take a leadership position cally destroyed. We have an obligation effort, his clear voice, his dedication among world communities, focusing to help them rebuild. They are a people and commitment to principle. Let us and keeping our attention focused on who want to rebuild, who want to make all resolve today that we have just East Timor. progress and go forward. begun to help these people to rebuild These brave people for almost 25 I also had the chance while I was in their country, their society, and to cre- years have continued their struggle— East Timor to travel to West Timor, ate a society that will have our values, peacefully, I might add—for their own which is still part of Indonesia. I went but will also definitely have their own right to self-determination. When the to these camps where there are thou- perspective as East Timorese. Portuguese left in 1975, of course, Indo- sands of East Timorese, many of whom I yield back my time. nesia annexed East Timor. The East were taken against their will from Mr. FEINGOLD. Mr. President, how Timorese people had no say in that their homes and brought into these much time remains? whatsoever. Yet they continued a camps. These camps are not a place The PRESIDING OFFICER. There worldwide campaign for their right to where a person can stay indefinitely. It are 13 minutes remaining. self-determination. is a transitory shelter. Many people are Mr. FEINGOLD. Mr. President, I What didn’t they do? What didn’t the there because they are intimidated by thank the Senator from Rhode Island East Timorese people do? They didn’t the militias still lurking in the camps. for his extremely dedicated work on plant any bombs. They didn’t sabotage Others are fearful and afraid of going this issue. It has been a pleasure work- anything. They didn’t blow up air- home because they might run into ret- ing with him on it. I wish to reiterate liners. They didn’t commit acts of ter- ribution by those who stayed behind, what he said, which is that this is an- rorism against the Indonesia Govern- the proliberation democracy forces. other opportunity for us to tell our col- ment or the Indonesia people, but But in any case, they are creating a leagues, as well as Indonesia and the forcefully, day after day and year after huge problem of assimilation and a rest of the world, that we are watching year, they went to the world commu- huge drain on the resources of the vil- this on a daily basis and we are pre- nity and pricked our conscience. They lages of West Timor. pared to act again. The legislation is went to the U.N. They came here. They

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S194 CONGRESSIONAL RECORD — SENATE February 1, 2000 went to Europe. There was no accident Forum, said after the findings were made Wiranto, as the TNI [Indonesian army] com- that Bishop Belo and Jose Ramos- known that he will fire Wiranto from the mander, should be the one to take responsi- Horta both won the Nobel Peace Prize cabinet. ‘‘I will ask him, to use a polite bility,’’ the report reads. While the Indonesian attorney general for their activities because they pur- word, ask him to resign,’’ Wahid told a tele- vision interviewer. deals with this report, U.N. Secretary Gen- sued their right to self-determination Wiranto stepped aside as armed forces eral Kofi Annan must decide whether to ac- as Gandhi or Dr. Martin Luther King, commander in October, after the violence cept the recommendation of the separate Jr., would have done, in a peaceful, against East Timorese that broke out last U.N. investigation and ask for a human nonterrorist way. When they finally September over their decision to secede from rights tribunal for East Timor. Indonesia ve- had this vote late last summer, they Indonesia. But he still wields considerable hemently objects to any U.N. tribunal, say- voted overwhelmingly for separation, influence in the military as cabinet coordi- ing the country is capable of punishing those to have their own nation. nating minister for political affairs and secu- responsible. Analysts have said a credible re- port from the Indonesian commission was a Senator REED and I, along with Con- rity. The East Timorese resistance leader and crucial first step in dissuading the United gressman MCGOVERN from Massachu- Nobel laureate, Jose Ramos-Horta, said in Nations from setting up a tribunal. setts, were there right before the vote Singapore that Wiranto should be tried and about a week before. We traveled ex- not just removed from the cabinet. ‘‘In this [From the Washington Post, Feb. 1, 2000] tensively around the country. You day and age, you cannot kill hundreds of JUSTICE FOR TIMOR could already see the militias and what people, destroy a whole country, and then Not long ago, the armed forces pretty they were trying to do and the intimi- just get fired,’’ he said. much ran the show in Indonesia; now they dation. It was after that trip that the Among its findings, the commission also are under investigation. A human rights three of us had conversations with our said the military actively tried to cover up commission formed by that nation’s new Secretary of State, with Kofi Annan, evidence of its ‘‘crimes against humanity,’’ democratic government yesterday issued a including moving victims’ bodies to remote stinging indictment of the military, includ- the Secretary General of the United locations. ing its former leader and five other generals, Nations, Secretary Cohen, our Sec- ‘‘The mass killings claimed the livers for orchestrating, condoning and taking part retary of Defense, and people at the mostly of civilians,’’ said the commission in the destruction of East Timor last sum- White House. We talked to everyone, chairman, Albert Hasibuan. ‘‘They were con- mer. The report, with its call for criminal saying: Look. We need to have things ducted in a systematic and cruel way. Many prosecution, is an important step. Now in place there. There is going to be a were committed in churches and police head- comes the hard part for President blood bath. We hope there isn’t. But quarters. Abdurrahman Wahid; he deserves the support Australian-led peacekeeping troops in East and encouragement of other nations as he our sense is that everything we had Timor have unearthed hundreds of bodies in moves forward. ever seen before in our lives, in our his- scattered grave sites, many in the East East Timor, a small half-island at the re- tory—you could almost smell it. You Timorese exclave or Oe-Cussi near the border mote eastern end of Indonesia’s archipelago, could almost sense what was going to with Indonesia. Villagers have said bodies voted for independence from Indonesia in a happen in East Timor. A powder keg were moved there before foreign troops ar- United Nations-sponsored referendum Aug. was ready to go. rived, but today’s report provided the first 30. Indonesia’s Gen. Wiranto promised secu- We met with General Anwar. We confirmation of an effort to conceal the ex- rity for the voters; they instead were sub- went back to Indonesia, and we told tent of the killings. jected to a spasm of murder, rape, looting The commission forwarded to Attorney and other violence. At the time, Gen. President Habibie at the time: If your General Marzuki Darusman the names of 33 Wiranto and Indonesia’s government blamed orders are right, there should be a people, including Wiranto, who it said should the violence on rogue anti-independence mi- peaceful transition and a peaceful elec- be investigated for prosecution, and Marzuki litias. But the government’s unflinching re- tion. This General Anwar is not car- promised to begin his own probe. Among port, based on many interviews and on-site rying out your orders. He is either not those named are Maj. Gen. Adam Damiri, the investigation, rejects that excuse and sees carrying out your orders or you are not regional commander in charge of East Timor unquestioned official complicity. in the months leading up to the Aug. 30 U.N.- President Wahid is under pressure from the giving the right orders. But something military not to treat its generals too rough- is not adding up here. The same with backed independence referendum; Zacky Anwar Makarim, the army intelligence chief ly. Ethnic violence is breaking out in many General Wiranto, the head of the armed in East Timor; and Tono Suratman and Noer places; without unified armed forces, some services. Muis, the two commanders based in Dili, the say, Mr. Wahid cannot hold the country to- I ask unanimous consent that an ar- East Timorese capital. gether. There have been rumors of a coup. ticle and an editorial from the Wash- Also named were the commanders of var- But as much as it needs a strong military, ington Post be printed in the RECORD. ious militia groups, including Joao Tavares, Indonesia needs one subservient to new civil- There being no objection, the mate- who called himself the commander in chief ian powers; without progress in that direc- rial was ordered to be printed in the of all the militias, and the flamboyant tion, many restive regions will find it intol- erable to remain inside the country. So Mr. RECORD, as follows: Eurico Guterres, head of the feared Aitarak, or ‘‘Thorn,’’ militia, who in the days before Wahid is right to dismiss Mr. Wiranto from [From the Washington Post, Feb. 1, 2000] the referendum vowed to turn Dili into a his cabinet and allow criminal prosecution of E. TIMOR PANEL BLAMES ARMY FOR ‘‘sea of fire’’ if voters supported independ- those named in the human rights report. ATROCITIES ence. A United Nations inquiry released yester- (By Keith B. Richburg) The bloodbath unleashed in East Timor day came to many similar conclusions about the violence in East Timor. Some U.N. offi- JAKARTA, INDONESIA, JAN. 31.—A govern- sparked international outrage and turned In- ment commission charged today that the In- donesia into something of a pariah state, cials now favor an international tribunal. donesian military and its militia surrogates criticized by friends and slapped with eco- Since the United Nations sponsored East carried out an orchestrated campaign of nomic sanctions. Hundreds of thousands Timor’s referendum, the organization has a continuing role to play in seeking justice for mass killing, torture, forced deportation, were forcibly deported to Indonesian-con- the Timorese. Its investigation should con- rape and sexual slavery in East Timor. It trolled western Timor, homes and buildings in Dili were looted and set ablaze and the few tinue. named six top generals—including Gen. But before a Bosnia-style tribunal is cre- foreigners left in the capital huddled inside Wiranto, the former army chief—for possible ated, Indonesia should be given a chance to the U.N. compound, along with frightened criminal prosecution. judge its own. Its new democratic govern- The findings of the government commis- Timorese, with little food or water. ment well understands the importance of sion of inquiry were more sweeping and hard- The killing and destruction continued that process. er-hitting than had been expected, coming on until former president B.J. Habibie bowed to top of a recommendation from a U.N. inquiry international pressure and allowed in foreign Mr. HARKIN. I give the Indonesians that the United Nations set up a special tri- troops to restore order. At the time, Wiranto credit. bunal to try those accused of atrocities in conceded some Indonesian army troops, from The article says that this new gov- East Timor. They brought to a head a con- two indigenous East Timorese battalions, ernment commission ‘‘. . . named six frontation between Indonesia’s new demo- were involved in the violence. But he repeat- top generals—including Gen. Wiranto cratic government, which has made human edly insisted the outbreak was spontaneous, . . . and General Anwar for possible rights and accountability a major priority, that there was no evidence of widespread criminal prosecution’’ and that the and the powerful military establishment killings and that he was trying his best to ‘‘militia’’ with their ‘‘surrogates car- that has seen its traditional role undercut bring the situation under control. and its past abusive practices put under in- The report today found Wiranto ‘‘fully ac- ried out an orchestrated campaign of tense public scrutiny. knowledged and realized’’ the extent of the mass killing, torture, forced deporta- President Abdurrahman Wahid, who is in violence and destruction in East Timor but tion, rape and sexual slavery in East Davos, Switzerland, for the World Economic failed to take action. ‘‘Therefore, General Timor.’’

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S195 The East Timorese resistance leader and will support peaceful self-determina- most difficult of all, he has to over- Nobel laureate, Jose Ramos-Horta, said in tion and the right of people to have come the well-entrenched and powerful Singapore that Wiranto should be tried and their own democratic governments. interests that want him to fail, that not just removed from the cabinet. ‘‘In this This is as good a place as any to start. would be delighted to bring the coun- day and age, you cannot kill hundreds of people, destroy a whole country, and then Again, I thank the Senator from Wis- try straight back into chaos. just get fired.’’ consin for his strong, continued leader- From everything I saw, and from ship on this issue. what our distinguished Ambassador These are crimes against humanity. I yield the floor. and his staff tell us, President Wahid I wholeheartedly commend the The PRESIDING OFFICER. The Sen- has not disappointed. He wakes up present Government of Indonesia and ator from Utah. every day and makes bold and coura- its human rights commission for their Mr. HATCH. Mr. President, I yield geous decisions and he doesn’t bother bravery in doing this investigation and time to the distinguished Senator from to take polls on what people want. He coming up with this finding. I think it Missouri. is simply concerned about moving his moves the democratic forces far ahead The PRESIDING OFFICER. The Sen- country in the right direction. in Indonesia because they were able to ator from Missouri. I hope we will have the opportunity come out with this finding. Mr. BOND. Mr. President, I thank the to welcome President Wahid to Wash- I am very supportive of the sense-of- distinguished manager of the bill. ington, DC, and to give him an oppor- the-Senate resolution that is offered by I rise today because I feel very tunity to address the Congress to talk the Senator from Wisconsin. We have strongly about what we are consid- about the challenges he faces and his to make some statements about East ering. Today we in the Congress are commitment to the American ideals of Timor. We have to be in the lead on being asked to consider our first state- democracy, freedom, human rights, and this, and the fact that the human ment on Indonesia since the country’s cleaning up corruption in all areas of rights commission of the present Gov- elections last fall. Everyone is familiar government and private sector activ- ernment in Indonesia made these find- with it. Everyone has watched CNN and ity. ings ought to give us comfort that we watched the bloodshed and horror that In a very short time, the changes in are not undermining the Government occurred in East Timor and other Indonesia have been marked and pro- of Indonesia in helping the East Timor- places in Indonesia. That was prior to found. On the issues the sponsors of ese. the Indonesian elections, and it had this amendment are concerned about, I was not privileged to go back with taken place under a severely weakened President Wahid has agreed to work Senator REED when he went there in and ineffective leader. with the U.N. Security Council to December. I talked to him. Senator Last fall, the Parliament completed track down and bring to justice those REED said: the first election cycle that was truly who were responsible for the bloodshed You would not believe the places we were, free in the country’s history by elect- in East Timor. The Indonesian Govern- that we saw with our own eyes. They were ing a new President, President ment, as has been noted already, has leveled. Buildings were burnt. Some of the Abdurrahman Wahid. I just returned church houses were burned down and people impaneled their own commission to in- just disappeared, all driven across the bor- from Indonesia, where I not only met vestigate what took place in East der. We were up in this one town on the bor- with President Wahid but the Vice Timor and bring those to justice. The der. He said it was like a ghost town. All of President, the Foreign Minister, the panel has identified six high-ranking these people were forcefully deported into Speaker, and the Head of Parliament. I military officers. The President has in- West Timor, and even yet today they are not met with Indonesian citizens, Ameri- dicated they will all be removed from letting these people come home. cans living over there, and most impor- the military and has given every indi- I think the focus of world opinion tant of all, I met with our very astute cation they will be brought to justice. and public opinion and attention has to and very able Ambassador, Bob When the spokesman for the military be again on East Timor. What the Indo- Gelbard, and the staff we have in Indo- said the military should not be subject nesian military did there is uncon- nesia to help us formulate policy with to the control of the civilian-elected scionable. I don’t blame the Indonesian respect to that country. Government, the President moved and people. I talked to too many Indo- Unfortunately, our press, which gave cut him off. We in Congress cannot nesians who were opposed to what their us a lot of information about East continue to put our heads in the sand military was doing in East Timor, who Timor, has not paid much attention to with these monumental changes going thought it was a right of the East the free elections. It has paid little at- forward. Even the European Union rec- Timorese, because of their history and tention to the work of the new Govern- ognizes the tremendous progress Presi- their past, to have self-determination. ment and its efforts to lead a transi- dent Wahid and his Government are I in no way cast any blame upon the tion to democracy. This is truly a time making. The E.U. has lifted the ban on Indonesian people themselves. But I do of rapid change in Indonesia, and it is certain arms sales. They pledged to single out General Wiranto, General a time of great challenge for Indo- begin military training. Anwar, and the people at the human nesian leadership and others in the I regret to tell you the situation in rights commission who were in charge world who support democracy, free- Indonesia and East Timor is not as of aiding, abetting, and fostering the dom, human rights, civilian control of simple as some of my colleagues would militia that did these terrible things to the military, and religious tolerance have you believe. Secretary Cohen East Timor—as Senator REED said— for all people. traveled there and laid out what we ex- vindictively burning down things, de- Regretfully, some Members of this pect of the new Government. The Gov- stroying telephone lines, destroying body seem determined to stay in the ernment has complied, but in the in- bridges, just crazy things such as that, past. Things are moving in the right di- terim we have cut off our ability to just to leave the country in total rection, and it is time, in my view, for have any positive influence by ending waste. the United States to support the new military to military contact. I say let’s Again, I thank the Senator from Wis- Government, to work to make sure listen to our former colleague, now De- consin and the Senator from Rhode Is- that this Government succeeds, and fense Secretary Bill Cohen, who is well land for their strong support of the that the noble objectives we support informed about what is going on in brave people of East Timor. are carried out. that area. I suggest we listen to the I hope we in the Senate, if not today, President Wahid’s job in this situa- people in our State Department—a at some point shortly can express our tion could not be more difficult. He has State Department run by the party of support on this sense-of-the-Senate res- to bring democracy and a better stand- my colleagues who have introduced olution so the brave people of East ard of living to people who were living this resolution—and ask them what we Timor and the democratic forces in In- under a totalitarian government in a can do to help move the Government, donesia know we will support this and situation that bordered on chaos. He move the cause of democracy and free- we will do everything we can to help has to bring under control the ethnic dom, in the right direction. At a time them rebuild this country again as a and religious conflicts that are break- such as this, we should be sending to signal to the rest of the world that we ing out all over the country. Perhaps the people of Indonesia a loud message,

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S196 CONGRESSIONAL RECORD — SENATE February 1, 2000 and a clear message, that we support pened under a different government Mr. FEINGOLD. Mr. President, I ask their efforts to achieve democracy and with a weak president. unanimous consent for an additional 5 we will support the new Government in Make no mistake about it, this reso- minutes on this issue. its efforts to bring democracy to its 210 lution will be looked upon by the Indo- The PRESIDING OFFICER. Without million people. nesian people as a repudiation of the objection, it is so ordered. The resolution, as I have just seen it, direction they have chosen and of the Mr. FEINGOLD. Mr. President, we as I quickly calculate, dedicates 14 work of their democratically elected would like an opportunity to briefly re- lines to congratulating the people of President and Vice President. It will be spond to the comments of the Senator Indonesia and encouraging the Govern- taken as a clear sign that the United from Missouri. I could have sworn the ment of this country to work with the States is not interested in being a posi- Senator had not heard my remarks ear- struggling democracy and then dedi- tive force for change. lier because his remarks suggest an cates several pages to those things we I urge—I beg my colleagues to stay analysis that has something to do with as a government should be denying the involved and to pay attention because their original legislation. I took great Indonesian Government. Here is a this is a vitally important part of the pains throughout my comments to in- country emerging from all the prob- world. When I was in Southeast Asia 9 dicate exactly what the Senator from lems of the past. They need a hand up, months ago, when I asked in one coun- Missouri was indicating, that there are not another bucket of water dumped on try or another how things were going, some very positive developments in In- their heads. everybody would say: We are doing donesia, and in particular that Govern- Secretary Cohen delivered a clear well, but we are worried about Indo- ment there, the democratically elected message during his trip to the country nesia. Government, is struggling to keep that that it was time for military reform. We ought to be worried about Indo- nation strong, to keep that nation to- The Indonesian people responded. nesia because they are the fourth larg- gether, and to get control over the Today, the Indonesian military is est country in the world. They have an military. under civilian control. In a clear move opportunity to join the list of coun- So I find it very ironic that the Sen- to curb the power of the army, the po- tries that are democracies, that are ator would come down here and say we sition of commander in chief has been committed to human rights and free- need to be fair to that Government given to an admiral in the Indonesian dom. They deserve to be part of the en- when you look at the comments in the Navy, considered to be the most pro- lightened leadership of the world. last 48 hours. What has happened in the gressive and professional of the mili- It is time we provided support to that last 48 hours? President Wahid of Indo- tary branches. Under pressure from effort. It is vital the United States con- nesia said, I say to the Senator from Secretary Cohen, the military vacated tinue to support the development of de- Missouri, that it may be necessary for East Timor. There have been positive mocracy and of civilian control of the Mr. Wiranto to resign. That is what the reports coming in that the military has military. We need to begin the process democratically elected President of In- been cooperating with the inter- of engagement, to provide their mili- donesia said when he heard about the national community. Some members tary with the assistance and training investigations and reports of the are working actively to frustrate the they need to ensure that the functions United Nations. What did Mr. Wiranto say with re- efforts of pro-Jakarta militias to con- of security are carried out effectively gard to that suggestion of the Presi- duct any further raids on refugees or and properly. Our government has pres- dent of Indonesia? He said he was going East Timor towns. sured the Indonesian government to re- On the human rights front, a new at- to brush aside calls to resign from gov- strain the military and make reforms. torney general has been selected. Our ernment and stand trial for his alleged Now the situation is getting out of con- State Department has great confidence role in human rights abuses in East trol. The military has lost its ability in his commitment to the rule of law Timor last year. ‘‘Like a good soldier, to respond to regional outbreaks of vio- and protection of human rights. The I am going to continue to fight for the lence. Rather than being an impedi- Indonesian Government has also cre- truth.’’ ment to progress, we ought to be in ated a new position within the Govern- In other words, the Senator from there helping them to reestablish the ment, the State Commission on Human Missouri asks us to support the Presi- rule of law and order and peace and se- Rights, a position that has been filled dent and the nation of Indonesia. But curity for all people and all religious by a former political prisoner from instead what he is really doing is giv- groups in Indonesia. Aceh. ing support and sanction to the atti- These are not insignificant steps. In We have a tough battle ahead. There tude of Mr. Wiranto, the person who fact, they are enormous steps that have been atrocities that are mind bog- many believe had a great deal to do show the tremendous effort on the part gling. I join with the sponsors of the with the atrocities in East Timor. of the new Government and the people resolution who understand how terrible I did not come today to actually seek of Indonesia. these depredations were. But times are a vote on this amendment. I did indi- The outcome of the election could changing. We need to be a positive cate I would withdraw the amendment have been very different. It was not. force, to encourage those changes, to from this bankruptcy bill. We wanted There was no mass violence in the keep them on the right track, and not to serve notice that we will continue to streets, and there was no military punish a government that is trying to monitor this situation, and we are coup. The result was democracy in ac- move in the direction we laid out for doing it in a balanced way that indi- tion. them. cates our support for the positive de- The bottom line is the Indonesians Mr. President, I am sure we will visit velopments in Indonesia. have been doing everything we asked this issue again. In the meantime, I The Senator from Missouri complains them to do. Now, with this proposed urge all my colleagues to seek counsel that our resolution is mostly negative resolution, we are being urged not to from our own State Department, our with regard to things that happened in offer congratulations, not to extend a own Department of Defense. This East Timor and with regard to Indo- helping hand but, rather, to poke a Democratic administration has excel- nesia. This resolution is not about In- sharp stick in their eye. lent people who are well aware of what donesia in general. If the Senator This resolution endorses a cutoff of is going on there. Let’s find out from wants to promote a resolution praising military-to-military contact, edu- them what is happening and what we Indonesia and the positive things that cation, and military assistance. But can do to be a positive force. have happened in Indonesia in the last the administration promptly cut off as- I hope my colleagues on both sides of couple of months, I may well join him. sistance and contact after the violence the aisle will listen to them so we can But this is about what happened in broke out. The Department of Defense be positive in our efforts and in our re- East Timor. and our Department of State can be a sults. The Senator apparently took a trip very positive force for reform, but this I yield the floor. recently to Indonesia, but the people amendment would propose to limit The PRESIDING OFFICER. The Sen- who were on the floor to talk today— their ability to do so. The violence hap- ator from Wisconsin. Senator REED and Senator HARKIN—

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You message, not only there but through- While it is too early to say whether can add to that a key person of the out the world, that the United States an Indonesian tribunal would have suf- Clinton administration he kept men- will not resume any relationship with ficient resources or authority to con- tioning, our distinguished Ambassador the Indonesian military until it is duct what are likely to be long and ex- to the United Nations, Richard thoroughly reformed, and not only re- pensive trials of military leaders, one Holbrooke, who also went to East formed, but the members who are re- thing is clear: now is not the time for Timor in late November and came back sponsible for the abuses are punished. the United States to follow the Euro- and told me and others that the condi- Some of these abuses, well docu- pean Union’s recent example of re- tions and circumstances with regard to mented by independent news media and newed military assistance or sales of the refugees in West Timor, many of eyewitness accounts, are so horrible military equipment to Indonesia. With whom want to get home to East Timor, they are reminiscent of the Dark Ages. all due respect to our European friends, are not good. He has a long and distin- I understand the resolution is going sometimes I think they have a terribly guished record of seeing these kinds of to be withdrawn on account of the short memory. situations throughout the world in the progress being made by the Indonesian Indonesia is at a critical juncture in over 30 or 40 years he has been in diplo- Government in asserting control of the its transition to democracy. The com- macy. He was deeply troubled by the military. However, Senator FEINGOLD’s mission’s findings will heighten the al- fact the job was not done. determination to keep the Senate’s at- ready tense relationship between the The people of East Timor and the tention on this important issue is well Indonesian Government and the Indo- people of East Timor who are in West worthwhile. nesian military. As pressure on the Timor and want to come home have Last September we watched in horror military increases, it is likely that ru- not had their rights fully protected. as a systematic campaign of terror and mors of a coup will become louder and That is why we are trying to put pres- destruction waged in East Timor: Hun- more threatening. I believe the United sure on the military in Indonesia. That dreds of innocent people were killed, States has to continue to show strong is not an unfriendly act to the Govern- hundreds of thousands more were forc- support for President Wahid and for an ment of Indonesia. That is a friendly ibly uprooted from their homes, vil- end to the long history of impunity and act because that is the toughest chal- lages and towns were ransacked and immunity enjoyed by members of the lenge the President of Indonesia has family members were killed in front of Indonesian military. right now—making sure the military other family members. Even today, Mr. President, I suggest the absence accepts democratic rule of that coun- U.N. investigators are unearthing what of a quorum. try. We are in an effort to support de- we are seeing too often in modern The PRESIDING OFFICER. The mocracy in Indonesia, and it cannot go times: bodies in mass graves. clerk will call the roll. forward as the kind of democracy we In the past two days, an Indonesian The legislative clerk proceeded to support unless this situation in East Government commission and a United call the roll. Timor is properly resolved. That is the Nations commission independently Mr. LEAHY. Mr. President, I ask spirit of our amendment, and that is concluded that the Indonesian military unanimous consent that the order for the spirit of our bill. I appreciate the bears ultimate responsibility for the the quorum call be rescinded. additional time. bloodbath, and must be held account- The PRESIDING OFFICER. Without Let me add, Senator LEAHY is an- able for its abuses in East Timor. This objection, it is so ordered. other who has done an enormous is an extremely important and encour- amount on this issue of East Timor and aging step. f Under tremendous pressure—tremen- can certainly tell you the job is not NORTHERN IRELAND done with regard to using our leverage dous pressure to turn a blind eye to and our ability to persuade and make what happened in East Timor—and at Mr. LEAHY. Mr. President, I don’t sure the people of East Timor have full great personal risk, Indonesian inves- pretend to know all the history or in- independence and that the people who tigators have done a commendable job tricacies of the effort to bring about want to return to East Timor have the in determining the extent of the vio- peace in Northern Ireland, notwith- opportunity to do that. lence and identifying the individuals standing the number of visits I have made there, notwithstanding the his- AMENDMENT NO. 2667, WITHDRAWN responsible, including not only those Mr. President, I withdraw the amend- who gave the orders but those who had toric ties to that island that I have ment. the power to stop the mayhem and in- through my father’s family, or even The PRESIDING OFFICER. The stead simply stood by and let it hap- with the work I have done with our dis- amendment is withdrawn. pen. tinguished former colleague, George Mr. FEINGOLD. Mr. President, I There are sins of comission and there Mitchell, a man who deserves the high- yield the floor and suggest the absence are sins of omission. If you are a mili- est credit for his tireless efforts to- of a quorum. tary officer with the power to stop wards peace in Northern Ireland. But I The PRESIDING OFFICER. The something from happening—an atroc- have met with those who are key fig- clerk will call the roll. ity, a murder—and you stand by and ures in Ireland: David Trimble from the The legislative clerk proceeded to allow it to go on, in my mind you are loyalists side; Seamus Mallon, Gerry call the roll. as equally guilty as those who commit Adams, and another key figure, John Mr. LEAHY. Mr. President, I ask the act. Hume. Mr. Trimble and Mr. Hume unanimous consent that the order for As the leader of Indonesia’s new shared the Nobel Peace Prize for the the quorum call be rescinded. democratic government, President work they did, and deservedly so. The PRESIDING OFFICER. Without Wahid has courageously voiced his I was one of those in the Senate who objection, it is so ordered. willingness to confront the powerful urged, near the beginning of President Mr. LEAHY. Mr. President, I com- Indonesian military establishment. He Clinton’s term in office, to give a visa mend Senator FEINGOLD, Senator REED has called for the prosecutions of army to Gerry Adams, the head of Sinn Fein of Rhode Island, and Senator HARKIN leaders, including General Wiranto, and the one most visibly connected in for the leadership they have shown on former commander of the Armed this country with the IRA. I recall the the East Timor issue. They have all Forces, who, until recently, was lauded State Department and the Justice De- been to East Timor and have consist- by officials of our own Pentagon. partment being opposed to that visa, ently spoken out in support of inde- The United Nations commission and the President courageously saying pendence for East Timor and human called for the establishment of an inde- we are going to give him a visa. I think rights for its people. pendent national tribunal to bring most people now accept the fact that Senator FEINGOLD’s resolution would those responsible for the violence in because the President overrode the end all U.S. military cooperation with East Timor to justice. It is a proposal qualms of his own State Department Indonesia on account of the Indonesian which the Indonesian Government has and Justice Department in giving that military’s appalling abuses in East rejected, insisting it is capable of pun- visa, that we moved forward on peace Timor. This would send an unequivocal ishing the perpetrators itself. for the first time.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S198 CONGRESSIONAL RECORD — SENATE February 1, 2000 For people who have always looked THE GROWING CRISIS IN THE AD- filmmaker, Earl Morris. His movie, at each other through distrust and ha- MINISTRATION OF CAPITAL PUN- ‘‘The Thin Blue Line,’’ shredded the tred—many times because of killings ISHMENT prosecution’s case and cast a national on both sides, killings of Catholics by Mr. LEAHY. Mr. President, I wish to spotlight on Adams’ innocence. Protestants and Protestants by Catho- call attention to a growing national Consider the case of Anthony Porter. lics, apparently all in the name of the crisis in the administration of capital Porter spent 16 years on death row. greater good—they have come far and punishment. People of good conscience That is more years than most Members put together a government in Northern can and will disagree on the morality of the Senate have served. He spent 16 Ireland, which can start to govern of the death penalty. But I am con- years on death row. He came within 48 itself. Men and women of good will on fident that we should all be able to hours of being executed in 1998, but he both sides of this issue—men and agree that a system that may sentence was cleared the following year. Was he women who a few years ago would one innocent person to death for every cleared by the State? No. He was never speak to each other—have come seven it executes has no place in a civ- cleared by a class of undergraduate together. ilized society, much less in 21st cen- journalism students at Northwestern University, who took on his case as a This was recently disturbed by arti- tury America. But that is what the American system of capital punish- class project. That got him out. Then cles in the press indicated that the IRA the State acknowledged that it had the still refuses to turn over any of their ment has done for the last 24 years. A total of 610 people have been exe- wrong person, that Porter had been in- weapons. Ironically enough, this is at a cuted since the reinstatement of cap- nocent all along. He came within 48 time when the Republic of Ireland and ital punishment in 1976. During the hours of being executed, and he would authorities in Northern Ireland con- same time, according to the Death have been executed had not this jour- tinue to find and destroy caches of Penalty Information Center, 85 people nalism class decided to investigate his weapons belonging to the IRA. I don’t have been found innocent and were re- case instead of doing something else. know what kind of stubborn humility leased from death row. These are not Now consider the cases of the unknown or holding of ancient grudges would reversals of sentences, or even convic- and the unlucky, about whom we may not allow the IRA to make this move. tions on technical legal grounds; these never hear. I brook no favor for those on either are people whose convictions have been Last year, former Florida Supreme side who have been involved in atroc- overturned after years of confinement Court Justice Gerald Kogan said he had ities because whether it is from the Ul- on death row because it was discovered ‘‘no question’’ that ‘‘we certainly have, ster side or from the IRA side, there they were not guilty. Even though in in the past, executed...people who are atrocities aplenty—innocent people some instances they came within hours either didn’t fit the criteria for execu- killed because of their religion, be- of being executed, it was eventually de- tion in the State of Florida, or who, in cause of their allegiance. termined that, whoops, we made a mis- fact, were, factually, not guilty of the In many ways, I want to say a pox on take; we have the wrong person. crime for which they have been exe- both your houses. But that only means What does this mean? It means that cuted.’’ This is not some pie-in-the-sky that generations from now the fighting for every seven executions, one person theory. Justice Kogan was a homicide will continue over things that gain has been wrongly convicted. It means detective and a prosecutor before even- nothing for anybody, feuds of hundreds that we could have more than three in- tually rising to Chief Justice. of years, and memories sometimes of nocent people sentenced to death each This crisis has led the American Bar just a few years. It is time, in a new year. The phenomenon is not confined Association and a growing number of century, to stop the killings, to finally to just a few States; the many exonera- State legislators to call for a morato- allow Northern Ireland, this beautiful tions since 1976 span more than 20 dif- rium on executions until the death land, to move forward and join the rest ferent States. And of those who are penalty can be administered with less of the island in the new economic pros- found innocent—not released because risk to the innocent. This week, the of a technicality, but actually found Republican Governor of Illinois, George perity—but in peace. innocent—what is the average time Ryan, announced he plans to block exe- As a group of mothers, Catholic and they spent on death row, knowing they cutions in that State until an inquiry Protestant, told me once—together— could be executed at any time? What is has been conducted into why more they agreed with my speech of the the average time they spent on death death row inmates have been exoner- night before in which I had said in Bel- row before somebody said, we have the ated than executed since 1977 when Illi- fast—or just outside of Belfast—that I wrong person? Seven and a half years. nois reinstated capital punishment. condemn violence from either side. This would be disturbing enough if Think of that. More death row inmates They said how much they agreed, and the eventual exonerations of these exonerated than executed. what they wanted was for their chil- death row inmates were the product of Governor Ryan is someone who sup- dren to be able to go to school and be reliable and consistent checks in our ports the death penalty. But I agree educated, to live in peace, to walk legal system, if we could say as Ameri- with him in bringing this halt. He said: down the street without worrying cans, all right, you may spend 71⁄2 years ‘‘There is a flaw in the system, without about being shot. What mother would on death row, but at least you have the question, and it needs to be studied.’’ want otherwise? comfort of knowing that we are going The Governor is absolutely right. I rise Frankly, those in Sinn Fein who to find out you are innocent before we to bring to this body the debate over have called on their friends here in the execute you. It might be comprehen- how we as a nation can begin to reduce Congress to help them with visas, to sible, though not acceptable, if we as a the risk of killing the innocent. I hope that nobody of good faith— help them move forward, best help society lacked effective and relatively whether they are for or against the themselves because it would be tragedy inexpensive means to make capital death penalty—will deny the existence compounded on tragedy if after all punishment more reliable. But many of the exonerated owe their lives to for- of a serious crisis. Sentencing innocent these years of seeking peace, after all tuity and private heroism, having been women and men to death anywhere in the work of people such as John Hume denied commonsense procedural rights our country shatters America’s image and George Mitchell, David Trimble, and inexpensive modern scientific test- in the international community. At and Gerry Adams—people who might ing opportunities—leaving open the the very least, it undermines our lead- not want their names put in the same very real possibility that there have ership in the struggle for human sentence—after all their work, what a been a number of innocent people exe- rights. But, more importantly, the in- tragedy it would be if one party, one cuted over the last few decades who dividual and collective conscience of piece of this puzzle opted out by not at were not so fortunate. decent Americans is deeply offended least doing the first necessary steps to Let me give you a case. Randall Dale and the faith in the working of our build confidence; that is, give over Adams. Here is a man who might have criminal justice system is severely their weapons. been routinely executed had his case damaged. So the question we should de- (Mr. GORTON assumed the Chair.) not attracted the attention of a bate is, What should be done?

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S199 Some will be tempted to rely on the what must be done. In the next few tle when they lack funds for investiga- States. The U.S. Supreme Court often weeks, I will introduce legislation that tors, experts, or scientific testing that defers to ‘‘the laboratory of the will address some of the most urgent could establish their client’s inno- States’’ to figure out how to protect problems in the administration of cap- cence. Attorneys appointed to rep- criminal defendants. After 24 years, ital punishment. resent capital defendants often cannot let’s take a look at that lab report. Two problems in particular require recoup even their out-of-pocket ex- As I already mentioned, Illinois has our immediate attention. First, we penses. They are effectively required to now had more inmates released from need to ensure that defendants in cap- work at minimum wag or below while death row than executed since the ital cases receive competent legal rep- funding their client’s defense out of death penalty was reinstated. There resentation at every stage in their their own pockets. have been 12 executions, and 13 times case. Second, we have to guarantee an Although the States are required to they have said: Whoops, sorry. Don’t effective forum for death row inmates provide criminal defendants with quali- pull the switch. We have the wrong per- who may be able to prove their inno- fied legal counsel, those who have been son. This has happened four times in cence. saved from death row and found inno- the last year alone. In our adversarial system of justice, cent were often convicted because of In Texas, the State that leads the effective assistance of counsel is essen- attorney error. They might not have Nation in executions, courts have tial to the fair administration of jus- had postconviction review because upheld death sentences in at least tice. It is the principal bulwark against their lawyer failed to meet a filing three cases in which the defense law- wrongful conviction. deadline. An attorney misses a dead- yers slept through substantial portions I know this from my own experience line by even 1 day, and his death row of the trial. The Texas courts said that as a prosecutor. It is the best way to client may pay the price with his life. the defendants in these cases had ade- reduce the risk that a trial will be in- Let me be clear what I am talking quate counsel. Adequate counsel? fected by constitutional error, result- about. I am not suggesting that there Would any one of us if we were in a ing in reversal, retrial, cost, delay, and is a universal right to Johnnie Coch- taxicab say we had an adequate driver repeated ordeals for the victim’s fam- ran’s services. The O.J. Simpson case who was asleep at the wheel? What we ily. Most prosecutors will tell you they has absolutely nothing to do with the are saying is with a person’s life at would much prefer to have good coun- typical capital case, in which one or stake the defense lawyer slept through sel on the other side because there is possibly two underfunded and under- the trial, and the Texas courts say that less apt to be mistakes, there is less prepared lawyers try to cobble together is pretty adequate. apt to be reversible error, and there is a defense with little or no scientific or Meanwhile, in the past few years, the far more of a chance that you end up expert evidence and the whole process States have followed the Federal lead with the right decision. takes less than a week. These are two in expanding their defective capital Most defendants who face capital extremes. You go from the Simpson punishment systems, curtailing appeal charges are represented by court-ap- case, where the judge let the whole and habeas corpus rights, and slashing pointed lawyers. Unfortunately, the thing get out of control and we had a funding for indigent defense services. manner in which defense lawyers are year-long spectacle, to the typical The crisis can only get worse. selected and compensated in death pen- death penalty case which is rushed The States have had decades to fix alty cases frequently fails to protect through without preparation in a mat- their capital punishment systems, yet the defendant’s rights. Some States ter of days. Somewhere there must be a the best they have managed is a sys- relegate these cases to grossly unquali- middle ground. Let me give three examples of some tem fraught with arbitrariness and fied lawyers willing to settle for mea- of the worst things that have hap- error—a system where innocent people ger fees. While the Federal Govern- are sentenced to death on a regular pened—but not untypical. ment pays defense counsel $125 an hour Ronald Keith Williamson. In 1997, a basis, and it is left not to the courts, for death penalty work, the hourly rate Federal appeals court overturned not to the States, not to the Federal in many States is $50 or less, and some Williamson’s conviction on the basis of Government, but to filmmakers and States place an arbitrary and usually ineffectiveness of counsel. The court college undergraduates to correct the unrealistically low cap on the total noted that the lawyer, who had been mistakes. History shows that we can- amount a court-appointed attorney can paid a total of $3,200 for the defense, not rely on local politics to implement bill. had failed to investigate and present a our national conscience on such funda- New York recently slashed pay for fact to the jury. What was that fact? mental points as the execution of the counsel in capital cases by as much as Somebody else confessed to the crime. innocent. 50 percent. They might say they are If I were the defense attorney, I think What about the Supreme Court? In a getting their money’s worth if they cut one of the things that I would want to 1993 case, it could not even make up its out all the money for defense counsel. bring to the jury is the fact that some- mind whether the execution of an inno- The conviction rate is probably going body else confessed to the crime; cent person would be unconstitutional. to shoot up. Let me tell you what else Williamson’s lawyer did not bother. Do a referendum on that one through- will go up—the number of innocent Then, two years after the appeals court out the Nation. Ask people in this Na- people who will be put to death. decision, DNA testing ruled out tion of a quarter billion people whether Congress has done its part to make a Williamson as the killer and impli- they think executing an innocent per- bad situation worse. In 1996, Congress cated another man—a convicted kid- son should be considered constitutional defunded the death penalty resource napper who had testified against or unconstitutional. Most in this coun- centers. This has sharply increased the Williamson at trial. Of course, he did. try have no doubt that it would be un- chances that innocent persons will be He is the one who committed the constitutional, but that really does not executed. crime. matter: executing an innocent person You get what you pay for. Those who Let’s next consider George McFar- is abhorrent—it is morally wrong. are on death row have found their lives land. According to the Texas Court of Whether you support the death penalty placed in the hands of lawyers who are Criminal Appeals, McFarland’s lawyer or not, executing an innocent person is drunk during the trial—in some in- slept through much of his 1992 trial. He wrong, and we in this body have the stances, lawyers who never bothered to objected to hardly anything the pros- moral duty to express and implement meet their client before the trial; law- ecution did. Here is how the Houston America’s conscience. We should be the yers who never bothered to read the Chronicle described what happened as Nation’s conscience. The buck should State death penalty statute; lawyers McFarland stood on trial for his life. stop in this Chamber where it always who were just out of law school and This is not for shoplifting. He is on stops in times of national crisis. never handled a criminal case; and law- trial for his life. How do we begin to stem the crisis? I yers who were literally asleep on the Let me quote from the Houston have been posing this question to ex- job. Chronicle: perts across the country for nearly a Even some of our best lawyers, dili- Seated beside his client . . . defense attor- year. There is a lot of consensus over gent, experienced litigators, can do lit- ney John Benn spent much of Thursday

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S200 CONGRESSIONAL RECORD — SENATE February 1, 2000 afternoon’s trial in apparent deep sleep. His legal services. We have to do every- cially if the results could exonerate the mouth kept falling open and his head lolled thing we can to ensure the States are defendant. back on his shoulders, and then he awakened meeting their constitutional obliga- In 1994, we set up a funding program just long enough to catch himself and sit up- tions with respect to capital represen- to improve the quality and availability right. Then it happened again. And again. of DNA analysis for law enforcement And again. tation. Every time he opened his eyes, a different Can miscarriages of justice happen identification purposes. The Justice prosecution witness was on the stand de- when defendants receive adequate rep- Department has handed out tens of scribing another aspect of the Nov. 19, 1991, resentation? Yes, they can still happen. millions of dollars to States under this arrest of George McFarland in the robbery- So I think it is critical to ensure that program. Last year alone, we appro- killing of grocer Kenneth Kwan. death row inmates have a meaningful priated another $30 million for DNA-re- When state District Judge Doug Shaver fi- opportunity—not a fanciful oppor- lated grants to States. That is an ap- nally called a recess, Benn was asked if he tunity but a meaningful opportunity— propriate use of Federal funds. But we truly had fallen asleep during a capital mur- should not pass up the promise of truth der trial. ‘‘It’s boring,’’’ the 72-year-old long- to raise claims of innocence based on time Houston lawyer explained. . . . Court newly discovered evidence, especially if and justice for both sides of our adver- observers said Benn seems to have slept his it is evidence that is derived from sci- sarial system that DNA evidence holds way through virtually the entire trial. entific tests not available at the time out. We at least ought to require that Unfortunately for McFarland, Texas’ of the trial. both sides have it available. highest criminal court, several of Perhaps more than any other devel- By reexamining capital punishment whose members were coming up for re- opment, improvements in DNA testing in light of recent exonerations, we can election, concluded that this con- have exposed the fallibility of the legal reduce the risk that people will be exe- stituted effective criminal representa- system. In the last decades, scores of cuted for crimes they did not commit tion. wrongfully convicted people have been and increase the probability that the I guess they felt because the lawyer released from prison—including many guilty will be brought to justice. We was in the courtroom, even though from death row—after DNA testing can also help to make sure the death sound asleep, that would be effective proved they could not have committed penalty is not imposed out of ignorance representation. If you read the decision the crimes for which they were con- or prejudice. they probably would have ruled the victed. In some cases the same DNA I learned, first as a defense attorney same way if he had been at home sound testing that vindicated the innocent and then as a prosecutor, that the pur- asleep, so long as he had been ap- helped catch the guilty. suit of justice obliges us not only to pointed at some time. Most recently, DNA testing exoner- convict the guilty, but also to exon- McFarland is still on death row for a ated Ronald Jones. He spent close to 8 erate the wrongly accused and con- murder he insists he did not commit, years on death row for a 1985 rape and victed. That obligation is all the more on the basis of evidence widely re- murder that he did not commit. Illinois urgent when the death penalty is in- ported by independent observers to be prosecutors dropped the charges volved. weak. against Jones on May 18, 1999, after Let’s not have the situation where, Then we have Reginald Powell, a bor- DNA evidence from the crime scene ex- today in America, it is better to be rich derline mentally retarded man who was cluded him as a possible suspect. and guilty than poor and innocent. 18 at the time of the crime. Mr. Powell It was also DNA testing that eventu- That is not equal justice. That is not was eventually executed. Why? Because ally saved Ronald Keith Williamson’s what our country stands for. I was proud to be a defense attorney. he accepted his lawyer’s advice to re- life, as I discussed earlier. He spent 12 I was very proud to be a prosecutor. I ject a plea bargain that would have years as an innocent man on Okla- have often said it was probably the saved his life. homa’s death row. There were a number of attorney er- Can you imagine how any one of us best job I ever had. But there was one rors at the trial. The advice he received would feel, day after day for 12 years, thought I always had every day that I seems to be very bad advice. Some may never knowing if we were just a few was a prosecutor. I would look at the feel this advice, the advice given to hours or a few days from execution, evidence over and over again and I this 18-year-old mentally retarded locked up on death row for a crime we would ask myself, not can I get a con- man, was affected by the flagrantly un- did not commit? viction on this charge, but will I be professional conduct of the attorney, a Some of the major hurdles to convicting the right person. I had cases woman twice Powell’s age, who con- postconviction DNA testing are laws where I knew I could get a conviction, ducted a secret jailhouse sexual rela- prohibiting introduction of new evi- but I believed we had the wrong person, tionship with him during the trial. De- dence—laws that have tightened as and I would not bring the charge. I spite this obvious attorney conflict of death penalty supporters have tried to think most prosecutors feel that way. interest, Powell’s execution went speed executions by limiting appeals. But sometimes in the passion of a high- ahead in Missouri a year ago. Only two States, New York and Illi- ly publicized, horrendous murder, we I ask each Member of the Senate nois, require the opportunity for in- can move too fast. I urge Senators on both sides of the when you go home tonight, or when mates to require DNA testing where it aisle, both those who support the death you talk to your constituents, and could result in new evidence of inno- penalty and those who oppose it, to when you consider the bill I will be in- cence. Elsewhere, inmates may try to join in seeking ways to reduce the risk troducing, to remember these cases and get DNA evidence for years, only to be of mistaken executions. consult your conscience to ask whether shut out by courts and prosecutors. Mr. President, I suggest the absence these examples represent the best of What possible reason could there be of a quorum. 21st century American justice. to deny inmates the opportunity to The PRESIDING OFFICER. The The judge who presided over prove their innocence—and perhaps clerk will call the roll. McFarland’s trial summed up the even help identify the real culprits— The assistant legislative clerk pro- Texas court’s view of the law quite ac- through new technologies? DNA test- ceeded to call the roll. curately when he reasoned that, while ing is relatively inexpensive. But no Mr. SMITH of New Hampshire. Mr. the Constitution requires a defendant matter what it costs, it is a tiny price President, I ask unanimous consent to be represented by a lawyer, it to pay to make sure you have the right that the order for the quorum call be ‘‘doesn’t say the lawyer has to be person. rescinded. awake.’’ If your conscience says other- The National Commission on the Fu- The PRESIDING OFFICER. Without wise, maybe we ought to do something. ture of DNA Evidence, a Federal panel objection, it is so ordered. My proposal rests on a simple established by the Justice Department f premise: States that choose to impose and comprised of law enforcement, ju- capital punishment must be prepared dicial, and scientific experts, issued a BANKRUPTCY REFORM ACT OF to foot the bill. They should not be per- report last year urging prosecutors to 1999—Continued mitted to tip the scales of justice by consent to postconviction DNA testing, Mr. SMITH of New Hampshire. Mr. denying capital defendants competent or retesting, in appropriate cases, espe- President, I would like to speak briefly

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S201 about two amendments that are before There is no right to an abortion the rosary in their car in the driveway the Senate—the Schumer amendment under the Constitution. Roe v. Wade of an abortion clinic peacefully. on abortion and the Levin amendment was a bad decision; it is an unconstitu- A pro-life gentleman in another case dealing with the so-called gun carve- tional decision. Judges are fallible, was standing on a walkway near an un- out. they make mistakes, and they made a used locked door of a clinic and was When I took my oath of office on the mistake when they passed that awful not blocking access to that clinic. floor of the Senate, I swore to support decision which has taken the lives of 40 How much are they going to have to and defend the Constitution of the million children—40 million children pay for standing up for what they be- United States. I am amazed sometimes since Roe v. Wade passed in 1973, 40 lieve in, such as the marchers did dur- at the type of things we face in the million children who will never have ing the civil rights movement when Senate with amendments and bills that the opportunity to live their dreams, they sat at the lunch counters and I find to be unconstitutional, at least never have the opportunity to be a marched in the streets? $200 million? $1 the way I read it. Senator, to be a President, to be a doc- billion? Where is it going to stop? These two amendments I am refer- tor, to be a mom, a dad. Gone. We took Can you imagine RICO, which was ring to essentially harass Americans them away, almost one-sixth of the en- originally drafted to fight mobsters who are defending three of our most tire U.S. population, under that deci- and organized crime, now being used important constitutional rights—the sion, and it is an unconstitutional deci- against civil rights demonstrators or right to life, which is guaranteed by sion because a young child inside the antiwar protesters, or abolitionists the 5th and the 14th amendments, the womb or outside has a constitutional protesting slavery? What will we say right to free political speech, as guar- right to life. then? We know what we would say. We anteed by the 1st amendment, and the Let’s talk about what this amend- would say it is wrong, and it is wrong right to keep and bear arms, as guaran- ment does. to protest those who respectfully, teed by the 2nd amendment. Antiabortion protests, no matter how quietly, peacefully protest what they It is interesting, as one listens to the you feel about abortion, is political believe in, which is the right to life. debate on these respective amend- speech, I say to my colleagues. This is It is a violation of the first amend- ments, some take the position that it political speech. They have a right to ment. This is a patently unfair dis- is OK to support the 2nd but not the speak. I am not talking about pro- criminatory amendment, and it does 1st; it is OK to support the 1st but not testers who commit violent acts or not deserve even the dignity of being the 2nd; some say it is OK to support commit bodily harm to others. I am offered because it is so flagrantly un- the 1st and the 2nd but not the 5th and not in favor of that, nor should we tol- constitutional. the 14th. But they are all part of the erate that. I am talking about people I urge my colleagues, when the vote Constitution. Unless you are going to standing outside a clinic holding a comes tomorrow, to vote no on the remove an amendment, as we did once sign, praying, protesting peacefully. Schumer amendment. Get it off the with the 21st amendment repealing the floor of the Senate because it does not 18th, then I do not think we have the That is what this amendment is going belong here. We should not be talking right to stand here and say one thing is after. People who do that are now about unconstitutional bills on the constitutional and something else is going to be subjected to this provision on bankruptcy, an unfair provision. floor of the Senate. not. Another amendment which will be of- The Schumer amendment tries to ex- It is political speech for somebody to fered tomorrow is called the gun carve- empt abortion protesters from claim- peacefully protest abortion just as out amendment, again, a discrimina- ing bankruptcy. This is an amendment much as it is political speech for union tory amendment against one group. that unfairly targets a legitimate form organizers or urging other workers not of civil disobedience. I believe there are to cross a picket line. What is the dif- The Levin amendment proposes to ex- some acts for which people should not ference? Why don’t we single them out? empt gun manufacturers from bank- be allowed to file for bankruptcy—such But we are not. ruptcy laws. In other words, if you are willful acts that might lead to a per- My colleague Senator SCHUMER sin- a gun manufacturer, you cannot claim sonal injury or the destruction of prop- gles out one type of protest, a protest bankruptcy, you cannot be treated like erty. That is not what we are talking on an issue with which he disagrees. It everybody else. about here. I believe most student is not constitutional, and it is not fair. Why? Because the author of the loans, taxes, child support, and ali- It is political speech just as much as amendment doesn’t like gun manufac- mony payments also should not be dis- when the NAACP enforced its boycott turers. I guess he believes they chargeable. of southern businesses. The Supreme shouldn’t be allowed to manufacture This amendment adding abortion Court in NAACP v. Claiborne Hardware guns. Under current law, businesses protesters to the nondischargeable list said so. We already have enough laws and corporations can discharge their under bankruptcy laws—let’s call it on the books harassing abortion pro- debts through bankruptcy unless the what it is. It is nothing more than an- testers, including the Freedom to Ac- debt is incurred through negligence or other attempt to financially bankrupt cess Clinic Entrances, so-called FACE, intentional misconduct. I agree busi- and silence free speech of those who and the Racketeer-Influenced and Cor- nesses should be held accountable if peacefully—peacefully—want to speak rupt Organizations Act, known as they are so irresponsible or malicious out against something they believe in RICO. The financial penalties under to knowingly sell harmful products, so strongly or oppose so strongly, and these laws are harsh, unusually harsh but are we really at the point in Amer- that is abortion, those who want to de- for one specific type of protest or pro- ica when we are going to say if we fend the constitutionally guaranteed tester—a peaceful protester. produce a gun, manufacture a gun, le- right to life. This amendment proposes to give gitimately, as a manufacturer, and On a talk show yesterday, this issue these protesters absolutely no way to then if somebody gets ahold of that came up, this supposedly Roe v. Wade deal with the treble damages against gun and commits a crime, that now the rule that abortion is legal under the them under RICO. A recent RICO case manufacturer is responsible? Is this Constitution. If someone can find the against protesters who carried posters where we have come in our society word ‘‘abortion’’ in the Constitution, of aborted children resulted in $109 mil- now, no personal accountability, no where it says abortion is legal, I will be lion against the pro-lifers; $109 million personal responsibility? happy to change my position. If some- for peacefully protesting without Why don’t we do it with automobiles? body will come down to the floor and harming anyone’s person or property. Why not? You drive your 1999 Chevy point out to me where the word ‘‘abor- It is outrageous. That ought to be down the road, you hit somebody and tion’’ and the right to an abortion ap- enough to chill anyone’s free speech. kill them, it must be the automobile pears in the Constitution—of course, it What is next? Free speech under the manufacturer’s fault, not you. You are does not, and if it is not in there, then Constitution is protected. behind the wheel. You can’t have any any power not specifically outlined in Another one of the RICO cases cur- accountability or responsibility. Name the Constitution belong to the States rently pending involves a Catholic another product—a hamburger. There and the people. bishop and religious brother praying are people who say meat is bad for you.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S202 CONGRESSIONAL RECORD — SENATE February 1, 2000 Maybe we should hold all of the cattle This is what we have come to in ilton or any of the great founders who growers responsible for producing ham- America. It is not going to stop here. If wrote that Constitution, what they burger. Maybe we should hold the peo- legislation such as this slips through, would think. In many ways, I am glad ple who work in the meat packing it will be a whole lot of things—ham- they are not here to see it. plants accountable. Where is the indi- burger, cars, cigarettes. How about a In October of 1999, an Ohio court dis- vidual personal responsibility and ac- desk, a chair? You could hurt some- missed a suit against the gun industry countability? body with that chair if you hit them stating that the suit ‘‘is an improper This is a discriminatory piece of leg- with it. Well, maybe we ought to sue attempt to have this court substitute islation. Again, I regret it is here. The the manufacturer of the chair. That is its judgment for that of the legislature, gun industry is selling a legitimate and what it is coming to. That is how ridic- something which this court is neither lawful product. If it is banned, at least ulous it is. Right here in the Senate, inclined nor empowered to do.’’ That that is an honest amendment. I we allow it to happen. We debate it day was the City of Cincinnati versus Be- wouldn’t agree with it, but at least it after day trying to stop this stuff as it retta USA Corporation. would be more honest than it is to say comes at us in waves, unconstitutional In addition, court decisions in Con- what we are saying, that we are going laws. Somebody has to stand up—and necticut and Florida this past Decem- to exempt you from bankruptcy laws. some of us do—to stop it because it is ber ruled that State lawsuits against It is, in fact, a product that is constitu- outrageous. gun manufacturers have no legal basis tionally protected and specifically Gun controllers cannot win legisla- whatsoever. Yet here we are on the mentioned in the second amendment. tively so they litigate. That is the way floor of the Senate trying to do it. The Everybody knows what it says. There to do it. They can’t get the American judges in those cases saw that the ac- is no secret. It is No. 2 on the amend- people on their side so they get a few tions of criminals cannot be controlled ment list, the Bill of Rights. The right unelected judges on their side. There by any industry. They were right. So of the people to keep and bear arms are many industries that can be consid- why are we here? Because people are shall not be infringed, period. No quali- ered dangerous, as I said: Carmakers, trying to make something happen that fiers in there. It doesn’t say what kind alcohol, tobacco, fast food, whatever— they know the American people don’t of gun; doesn’t say how many guns; support. So we try to do it this way. doesn’t say manufacturer, no excep- legal businesses. Are they being singled I am heartened by recent polls which tions. It just simply says the right of out in this bankruptcy bill? No, not show that an overwhelming majority of the people—we are people—to keep and this one, but maybe next year or next Americans believe that gun manufac- bear arms shall not be infringed. That week. Who knows? Just wait. It is is all it says. And if you have that going to happen sooner or later. These turers should not be blamed for crimes right under the Constitution to have government-sponsored lawsuits against committed with guns. Even if you that weapon to protect yourself, as gun manufacturers and tobacco compa- think there are too many guns, even if many do, then you ought to have the nies are just the beginning because we you believe that, you better think very right to manufacture it. have now opened the Pandora’s box. We carefully before you vote on this as to This amendment encourages litiga- have said defendants should be held lia- what might be next. Should we be re- tion against gun manufacturers and ble for damage caused by others even if sponsible for the actions of our adult should be called the legislation the damage was totally beyond the de- children if they commit a crime? through litigation amendment. This fendant’s control. Where is it going to stop? amendment will have the effect, as fol- It goes against common sense, and If there is even one single successful lows: If someone sues a gun manufac- that is what has served our Nation so judgment against the gun industry, turer, the manufacturer’s bankruptcy well, common sense and individual re- those who seek to destroy it, and along will not stop the lawsuit. Outrageous. sponsibility. That is what America is with it the second amendment, will Gunmakers are already being forced about. It is not about this kind of non- have a ready means to do so. That is out of business by frivolous, illegit- sensical legislation that puts the blame what will happen. So we have two imate, and unconstitutional govern- and the burden on people who shouldn’t amendments that propose to violate ment-sponsored lawsuits against them. have the blame and the burden. the constitutional rights of the Amer- How much more do they have to take? I had a shotgun next to my bed as a ican people, two politically motivated This is a constitutional amendment young man, probably 7 or 8 years old. I proposals that target politically incor- that specifically says you have the used it. I shot it frequently. I didn’t rect targets for unfair treatment; dump right to keep and bear arms and that shoot at anybody. I didn’t take it to on them while they are down. Let me right would not be infringed. There is school and kill anybody, nor did any of again remind my colleagues of the oath no gray area. It is not as if there is my friends who also had shotguns. Why we all took right there at the desk to something we have to interpret. There is that? Why is it that suddenly now all defend and support the Constitution is nothing to interpret. It is right this is a big issue? Because we are try- and abide by American standards of there. When the founders put the ten ing to pass the burden of responsibility fairness and democracy that have amendments, the Bill of Rights, onto on to somebody else other than our- served our Nation so well. Vote no on the Constitution, they made it No. 2. selves. these two amendments. No matter how This amendment singles out a legal We have a cultural problem in this you feel about the two issues in ques- industry for unfavorable treatment in country of the highest magnitude. It tion, vote no on these two amend- bankruptcy proceedings. If successful, isn’t about exempting the gun industry ments. it is only going to hasten the demise of from bankruptcy laws. That is not f the gun industry. That is the purpose going to get it right. Believe me, what of it. That is what is behind this. It is is going to get it right is when we start ELIAN GONZALEZ the Bill Clinton agenda. It is being car- exercising responsibility in this coun- Mr. SMITH of New Hampshire. Mr. ried out in the Senate. Shut down gun try again. President, on the case of Elian Gon- shows. Shut down gun manufacturers. The Founding Fathers would turn zalez, the young Cuban boy who is now Stop the production of guns in Amer- over in their graves if they could hear in Miami, I support Senator MACK’s ica. Blame the gun manufacturers. this stuff. I can’t imagine what Daniel private relief bill to give Elian Gon- Blame everybody except the person be- Webster, who wasn’t a founder, but he zalez U.S. citizenship. This is some- hind the gun who commits the crime. was sitting at the desk that I sit at thing I believe should be done. It is not For goodness’ sake, we wouldn’t want right over there about 150 years ago, I necessarily going to stop him from to punish that person. Somebody else can’t imagine what he would think to being sent back to Cuba, but it is the has to bear the blame. Maybe he had a be on this floor and debating, blaming right thing to do. bad childhood. It must be his father’s the gun manufacturer for somebody I met Elian Gonzalez personally and fault, his mother’s fault, the gun man- else’s crime, exempting them from the great uncle in Little Havana in ufacturer’s fault, the gun seller’s bankruptcy laws. I can’t imagine what Miami on January 8. I took the time to fault—everybody but the fault of the he would think or Washington or Jef- go meet Elian. I wanted to talk with person who uses the weapon. ferson or Adams or Madison or Ham- him myself. I wanted to look him in

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S203 the eye and find out how he felt about Fourth, there is reason to believe be, during the Cold War a mother with the ordeal he went through. Unfortu- that intimidation tactics are being a child in her arms races to the Berlin nately, the Attorney General didn’t used by the Castro government on Wall, shots are fired, and she tosses her take the time to do that. Elian wasn’t Elian’s father, Juan Gonzalez. Reports child over the Berlin Wall to freedom. important enough for the Attorney from family members say Juan has Would we send him back? Apparently General or any of the Attorney Gen- been removed from his home and is not so, under this administration. eral’s representatives to meet with speaking of his own free will and may This isn’t about father and son sepa- him. even be under psychiatric care. ration; this is about bringing the fa- On January 6, Attorney General Reno Let me just say that this is a close- ther and the grandparents and the rest said: knit family. I am not a family member of them here to America where they If there is any information that we are not or a personal friend of the family, but can decide without the pressure of privy to—I never say I won’t reverse myself. I took the time to sit down and talk Fidel Castro. Let’s find out what they I try to be as open minded as I can. But with them. I didn’t talk with the can say and do without Fidel Castro based on all the information we have to date, grandmothers. But the grandmothers, there. Had Elian’s mother lived, right I see no basis for reversing it. Juan Gonzalez, the uncle, and family now Elian would be enjoying due proc- ‘‘It’’ being the decision to send Elian members are a family. People say, ess under the Cuban Adjustment Act. back to Cuba. ‘‘Why are you politicians getting into Elian Gonzalez, my colleagues, is being On January 8, after meeting with this?’’ Because the mistake was made punished because his mother died. I Elian Gonzalez, I wrote Attorney Gen- by this administration by not insisting don’t want to punish Elian Gonzalez eral Reno to request a meeting to dis- that the family come here from Cuba for his mother’s death. I can’t believe cuss new information I obtained re- any of my colleagues would want to do garding Elian Gonzalez. and sit down and talk about this as a family. They can’t do it because Fidel it either. In that meeting on January 8, at the This case is about one thing: the best request of the Gonzalez family, I sat Castro won’t let Juan Gonzalez out. They won’t let him out. Even the ap- interest of a little boy who sought free- with Lazaro Gonzalez, Elian’s great- dom from Communist Cuba with his uncle, in a relaxed, informal, non- pointed nun, the go-between, arbi- trator, the impartial person who was family. Sending Elian back to Cuba stressful setting. I spent 2 hours speak- without due process and allowing Cas- ing with Elian and members of his fam- sent to set up the meeting between the grandmothers and Elian—she is a tro to exploit this brave, courageous ily there at the home. Based on those kid who drifted helplessly at sea for 2 discussions, I have concluded that friend of Janet Reno’s—she said the same thing: They are under pressure days on an inner tube in a desperate there are four areas that are critical to search for survival and freedom would this case I would like to briefly share and Elian should not go back. So the integrity of American immi- not only be an outrage, it would be the with my colleagues before this vote. grossest miscarriage of justice I can One, and most important, Elian does gration policy rests on due process and fairness. I was shocked to learn that think of in my lifetime. Yet we have not want to go back to Cuba. He does people in this very body who say we not want to go back to Cuba. You INS Commissioner Doris Meissner never requested a meeting with Elian should do just that. might say he is 6 years old and he I met with the other two survivors, a doesn’t know what he wants. If his and never heard his voice. Now, maybe some of you sitting out young married couple. When the boat mother had lived, we would not be sank, Nivaldo Fernandez and Arriane talking about this case. He would have there who are going to vote on this and maybe some of my friends out in Amer- Horta were with Elizabet when she was his right to be here. She died. She can’t on the boat that made the trip to the ica across the land can be callous speak for him. But he spoke. He made Florida coast. She told them, ‘‘Please enough to say you don’t care what that it very clear to me. On several occa- make sure that my son makes Amer- little boy thinks, he is 6 years old, sions, I looked Elian right in the eye ica. Save my son. Please see that he what does he know. Let me tell you and asked him directly, ‘‘Do you want gets to the United States.’’ Nivaldo what he knows and what he has experi- to go back to Cuba?’’ He repeatedly and showed me his leg, which was scarred enced. He sat in an inner tube. You emotionally said, ‘‘No, no, no.’’ In because he was bitten by fish while know what that is; it is a small tube Spanish, he said, ‘‘Ayudame, por floating off the coast of Florida. You that is big enough to fit inside of a tire favor,’’ meaning: Help me, please; I can still see the effect this had on him, of an automobile. That is an inner don’t want to go back to Cuba. and he is an adult. The second point is very important. tube. He floated around in that inner Yet this little boy who was so brave— Ms. Reno was not interested in hearing tube for 2 and a half days in the open can you imagine, after enduring all of it because she never responded to my sea—sometimes 30-foot seas—and that, when people would come to his request. She totally ignored a U.S. bounced around out there, and he sur- house —when I came, and I am a pretty Senator’s request for a phone conversa- vived. He was picked up by a fisher- big guy, he wanted to know: ‘‘Hombre tion, even though I know for a fact she man. He lived, but he watched his malo’’ or ‘‘hombre bueno’’? Good man didn’t have the information I had to mother die. The last words his mother or bad man. He wanted to know wheth- share with her. Elian’s father was said to the two other survivors were, er I was a good guy who was going to aware of his son’s planned departure ‘‘Get Elian to America.’’ That is what be nice to him or bad guy coming to from Cuba. Listen carefully to what I he went through. take him away. am saying. Elian’s father is being held As an adult, how would you like to go Can you imagine this poor little boy in Cuba today against his will. They through that—to sit on a tube in 30- or sitting in that home, when somebody are not reporting that frequently, but 40-foot seas for 2 and a half days, float- comes to the door, thinking the INS is he is. He was aware of his son’s depar- ing from the north of Cuba to Fort going to take him out of his home in ture. Elian’s paternal grandfather, who Lauderdale, FL, and go through that the dark of night and take him back to lives in the same household with when your mother tried to get you here Cuba? That is what he is living through Elian’s father, notified relatives in for freedom, and you would send him now after enduring 2 and a half days in America that Elian and his mother de- back without so much as even giving the open sea. This is a child, and he parted Cuba and to be on the lookout him the opportunity to talk. If we do doesn’t have any rights? Baloney. Yes, for them. that, then what has this country come he does have rights. We should be pro- Third, there is reason to believe that to? tecting them. Elian’s father intended to defect at a The fisherman who picked him up As I said, I met another brave indi- later date with his current wife and out of the water gave an emotional vidual, Donato Dalrymple, the fisher- child. I was told by Elian’s great-uncle comment about it. He said, ‘‘I am an man. He was very touched. He asked that two cousins of Elian’s father, now American. I was born here. I plucked me personally to help Elian because he in America, were told directly by this kid out of the ocean. If you send told him the same thing: ‘‘I don’t want Elian’s father 5 or 6 months ago that he him back, you are doing the wrong to go back to Cuba.’’ intended to leave Cuba with his new thing and I don’t know what happened Based on this new information that wife and child. to my country.’’ The equivalent would Elian’s father was planning to come,

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S204 CONGRESSIONAL RECORD — SENATE February 1, 2000 and some other information, I asked contribution they made to the commu- But there is suddenly a great concern the Attorney General to meet with me nity of Alaska as a whole, Native and among a number of my colleagues and or take a phone call. She refused ei- non-Native alike, was a powerful one. their constituents about the high price ther. Not only did she refuse to do that, What they leave is a legacy that we of heating and transportation fuels in she put on an artificial deadline that can all share with pride and a sense of the country, particularly in the north- caused the family more consternation a job well done by Morrie and Thelma, eastern part of the Nation. This morn- and the Cuban American community because what they have left in the for- ing in New Hampshire they said it was more concern by having this arbitrary mation of the Alaska Native commu- cold and clear. People were out to vote, deadline that says: OK, on January 14 nity is a structure where our Native but they were worried about the price you go back. Then they rolled that people have an ownership, not only in of heating oil. I would like to discuss back. That is fine. It is very nice to the village corporations, but the re- for a moment why some of these price say, OK, we have a deadline; but how gional corporations from which their increases are occurring, as well as ap- would you like to be little Elian, know- traditional geographic association propriate and perhaps inappropriate ing that and wondering what happens springs and their well being can be se- ways we could respond. on midnight of January 14? Where is cured. In mid-January, spot prices for heat- the concern for this brave little kid? As a consequence of that, if you look ing oil spiked by about 50 cents. At one I support this private relief bill at the Native American on the reserva- point, they closed at $1.36 per gallon. which grants Elian immediate U.S. tion systems throughout the United Gulf coast prices spiked, but they were citizenship, and I further support al- States and see the comparison with the pulled up, to a large degree, by the lowing the courts to make this decision advancement of the settlement in Alas- spike in New York State. One of the with the family, without the pressure ka, the results speak for themselves— first places where consumers felt the of Fidel Castro, and I hope the Senate due, in no small measure, to the guid- impact was in home heating oil prices will support me on that. ance of Morrie Thompson. where, on January 21, they were up Mr. President, I yield the floor. He and I served together when I was anywhere from 35 cents to 60 cents per The PRESIDING OFFICER (Mr. running a financial institution in Alas- gallon in the Northeast over the prior SMITH of Oregon). The Senator from ka. We had a large number of branches week. This was also felt in diesel Kansas is recognized. in smaller communities: Barrow, Tok, prices, which have also risen dramati- Mr. BROWNBACK. Mr. President, I Nenana, Koyukuk, Nome. As president cally. This is causing our trucking in- ask unanimous consent to speak as in of that organization, I found the advice dustry to seriously consider steep price morning business for up to 10 minutes. and counsel of Morrie Thompson most increases, or even parking some of The PRESIDING OFFICER. Without valuable as we addressed our responsi- their trucks for a while. objection, it is so ordered. bility in meeting the needs of Alaska’s If you have not bought an airplane (The remarks of Mr. BROWNBACK per- developing Native community. ticket this month, you should try it be- taining to the introduction of S. 2021 A few months ago, Morrie Thompson cause you will find there is a $20 sur- are located in today’s RECORD under announced he intended to step down as charge added to your ticket. This is to ‘‘Statements on introduced Bills and chairman and chief executive officer of offset the increased costs of fuel oil. Joint Resolutions.’’) the Doyon Corporation, the regional Mr. BROWNBACK. Mr. President, I You cannot run these aircraft on hot Native corporation. There was a retire- suggest the absence of a quorum. air. You run them on kerosene. The PRESIDING OFFICER. The ment party for Morrie. There was a What is the cause of this price in- clerk will call the roll. great tribute paid to him by the men crease? For the most part, there are The legislative clerk proceeded to and women who knew him, loved him, short-term causes that have so dra- call the roll. and worked with him. A very substan- matically impacted the price in the Mr. MURKOWSKI. Mr. President, I tial fund was established in his name Northeast, but there are also long-term ask unanimous consent that the order for the benefit of young Native Alas- issues that have impacted and will con- for the quorum call be rescinded. kans. tinue to impact the Nation. The PRESIDING OFFICER. Without I think that area, young Native Alas- If we are looking at a quick fix, we objection, it is so ordered. kans, is where the real tribute to can do that or we can look at the long f Morrie Thompson belongs because he run and figure out how we are going to encouraged involvement and education take care of this problem. MORRIE THOMPSON to maintain the attributes of our Na- The short term problems include the Mr. MURKOWSKI. Mr. President, I tive people allowing them to be com- combination of relatively low stocks of rise to pay tribute to a very dear friend petitive in job markets and edu- inventory, forecasts for colder than of mine who was in the Alaska Airlines cational opportunities. normal weather through early Feb- plane that had the tragic accident yes- As a consequence of the terrible trag- ruary, some barges being delayed be- terday afternoon off the coast of Cali- edy that took his life and that of his cause of storms, and some unexpected fornia near Los Angeles. wife and daughter—he leaves two other refinery problems. Morrie Thompson and I go back a daughters and he leaves grand- Additionally, we have refineries that long way, all the way to Fairbanks, children—he leaves a legacy for all of were in transition. We have not built AK, when I first became involved in us to reflect on: a legacy of leadership, any new refineries in this country for a banking activities in that community. a legacy of inspiration, a legacy of gen- couple of decades for a very good rea- He was a young Native leader. The uine trust. son: Nobody wants to invest in them paths that we took after that time in He was probably one of the nicest and because of the concern over the envi- the early 1970s resulted in numerous most decent men I have ever met. As ronmental consequences, the Super- meetings and conversations. His tem- we note the passing of Morrie Thomp- fund exposure, and so forth. perament and sensitivity to the ad- son, I say to his family and friends, he Here we are, on the one hand, with an vancement of the Native people of will be deeply missed, but his legacy increasing demand for petroleum prod- Alaska are almost as though he came and contribution will live in Alaska. ucts, but because of the laws that were on the scene to be a man of his time. I f made by Congress which are so draco- speak about that in reference to the nian, the investment community is re- significant portion of our aboriginal THE HIGH PRICE OF OIL luctant to put in new, efficient refin- community, our Alaskan Natives, peo- Mr. MURKOWSKI. Mr. President, I eries. ple who were in a transition from a would like to reflect a little bit on As a consequence of the low stocks, subsistence, nomadic lifestyle into con- what is happening in our Nation. We the existing refiners are scurrying to temporary competition for education, got a little snow outside. Snow is not locate immediate supplies, a number of competition for jobs, competition for unknown to me or the State I rep- utilities are chasing the limited sup- development. resent. It is part of our livelihood. We ply, and we have a peaking cold weath- Morrie and his companion, Thelma, live with the cold weather. We know er demand. As you walk home tonight not only were good friends, but the how to handle it. you will feel it. In short, it was a basic

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S205 problem of too much demand chasing should react to this. The first sugges- friend, Saddam Hussein. Are the people too little supply. tion made by some of my colleagues is of Iraq benefiting or are his Republican There is some relief in that the New let’s release the oil from the Strategic Guards? I do not have to tell you, Mr. York spot distillate problem appears to Petroleum Reserve, or SPR, to combat President, because you know as well as be easing because the current refinery the high price of crude. This is the re- I do. capacity currently is adequate to meet serve we have in the salt caverns in the Their answers lead to nothing more the needs, but there is going to be some southern part of Louisiana and other than the export of American jobs and delay in getting the supply delivered. areas. That oil is there for the national increased imports of foreign oil. Their Additionally, The good news about the and energy security of the country in answers make us more susceptible to high prices is that it usually speeds the case there is an emergency. price volatility in the future, not less. arrival of product from someplace else. I believe such a decision to sell that Finally, the third suggestion is that Indeed, it has been reported that at oil would be disastrous from the stand- Congress appropriate more money next least a dozen tankers full of heating oil point of both national and security pol- year to subsidize the Low-Income are on their way from Europe heading icy. Our Government has never tapped Housing Energy Assistance Program. I to the East Coast right now. There is SPR to manipulate crude prices, and I do not oppose this. However, throwing an indication that as a result of this do not think they should do so now. It more money toward that program will the price has dropped in the last few is fair to say the administration tapped not solve the underlying problem, and days. SPR to meet some of their budget re- the underlying problem is very simple: Unfortunately, even when this imme- quirements, but to manipulate crude We are not producing enough oil and diate problem is resolved, it is possible prices is totally inappropriate. gas in the United States. This is not to recurrences will happen as stocks are SPR was set up as a way to protect imply nothing can be done to protect likely to stay low for the remainder of us from a severe supply disruption. By ourselves from vulnerability to aggres- the winter. tapping SPR to manipulate price, we sive price policy by OPEC, there is a According to the Energy Information make ourselves even more vulnerable solution, and it begins at home. Agency, the EIA, ‘‘the low-stock situa- to the supply disruption. We need to The old adage, charity begins at tion is worldwide and is not necessarily recognize that price volatility has been home, is a far better approach to reduc- limited to distillate. It stems directly a fundamental feature of crude oil mar- ing our vulnerability to OPEC pricing, from what is happening in the crude oil kets for three decades and is common and that should begin by addressing the problems of our domestic U.S. oil markets.’’ That is what we have to in the commodity markets. look toward. A continuing crude oil We also need to recognize we have and gas industry. We can do that very supply shortage is driving crude prices made some classic policy blunders in easily. We do not have the luxury in the United States of manipulating up, causing refiners worldwide to draw attempting to reduce this volatility. stocks and influencing price. The rea- down stocks as the higher crude price Invariably, these measures, such as son we do not is because we are 56-per- squeeze margins. price controls in the seventies, clearly cent dependent on imported oil. We are What is happening in those crude aggravated and perpetuated what currently not that big, in terms of oil markets? If one looks at the worldwide would otherwise have been a much production, to manipulate world prices. crude market, it is evident there has shorter lived problem. We have to make our strategic deci- been more petroleum demand than sup- The second problem with this ap- sions through drilling strategies, and ply, requiring the use of stocks to meet proach is it would only represent a par- when we look at what has happened to petroleum demands. tial plan. We cannot move forward with drilling in the United States, we ought Following the extremely low prices an energy strategy of ‘‘sell oil when to be gravely concerned about the fu- at the beginning of 1999, OPEC, the Or- prices are high’’ and not have a com- ture volatility of heating and transpor- ganization of Petroleum Exporting panion strategy of ‘‘buy oil when prices tation fuel prices in the U.S. Countries, as well as Mexico, agreed to are low.’’ We have to mix the price In 1998, there was a decline of almost remove about 6 percent of the world’s structure in SPR. At one time, the ad- 60 percent in rigs drilling for oil in the production from the market in order to ministration proposed to buy and was United States. This was followed by a work off excess inventories. And what buying at $40. The next minute, they decline in the number of new and pro- else? To bring prices back. And they wanted to sell at $27. There is a men- ducing oil wells which was followed by have been successful. tality up there that we somehow can a drop in our reserves. In 1998, only 24 Remarkably, the producing countries make up the difference in volume. That percent of our domestic oil production have shown strong discipline in adher- does not work. What would be the pur- was replaced by proven oil reserves. ing to these quotas. This has caused pose of depleting a reserve if we do not The bare results of 1998 was that worldwide stocks, including those in have a concrete plan to fill it? thousands of oil industry workers were the U.S., to be drawn down at very low The second suggestion is to encour- laid off, drilling contractors were cut levels. In particular, refiners drew age other countries to ramp up their to the bone, our stripper wells went stocks down in the fall rather than production levels so the United States dry, and marginal wells were shut in. build them up for the winter. can import more of their oil. Think This did not just happen. The admin- We are now in the middle of that win- about that. We are encouraging other istration knew what was going on. ter, the usual high point of world de- nations to increase their production so What did it do? It continued to thwart mand, and we have low stocks. On top we can get more of their oil so that we access by our domestic oil and gas in- of this, OPEC members have been indi- can be even more vulnerable to that dustry to Federal lands where there cating that they will maintain their particular supply. Even some of my was a promising likelihood of dis- production cutbacks at least through friends on Pennsylvania Avenue have covery. March and possibly June, so there is no advocated this as a resolve. It continues to try to force an unfair panacea here. The news, along with the The Secretary of Energy has been rule change for calculating oil royal- cold weather, increased demand in Asia quoted as saying: I am going to meet ties down the throats of our domestic due to a faster than expected recovery with the oil ministries of Venezuela, of producers. This is a not-so-subtle mes- of the Asian economy is behind the Norway, Saudi Arabia, and others. This sage to our domestic producers—you current crude surge which pushed west is a strategy to encourage the Ven- are not wanted here. The only effect Texas intermediate crude past $30 a ezuelans and Saudis to produce more these policies will have is to ensure barrel briefly in January. oil and for the United States to become that we continue to be susceptible to There is a response to this. One I more dependent on those sources. being taken hostage by aggressive think is inappropriate and the other is Their strategy is to spend millions of OPEC pricing strategies and that we appropriate. Let’s look at the first one: dollars supporting development of oil continue to encourage an outflow of How should we react. fields in other nations. Here is the U.S. capital, ingenuity, and investment A number of my colleagues and some kicker: They have even supported poli- to foreign shores to produce foreign oil senior members of the administration cies that have allowed the Iraqis to so we can become more dependent on have made suggestions about how we produce more oil. That is our good those sources.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S206 CONGRESSIONAL RECORD — SENATE February 1, 2000 Common sense tells us that if we are the Northeast corridor better be pre- would have had higher prices today, to become less dependent on OPEC pared for price hikes as a consequence Mr. President. pricing, if we want to be better able to of cold weather, because we are looking Third, strengthen the Department of respond to future price fluctuations, we right down the double barrels of the Energy’s research and development must reinforce our domestic petroleum guns of control. Those guns of control program. We are going to be using pe- industry. come from the Mideast countries. troleum products for a long, long time. I understand my Northeast col- I think Secretary of Energy Bill You are not going to fly an airplane on leagues’ concern about their constitu- Richardson has been quite correct in solar or wind. You are going to fly it on ents paying too high a price for heating his response. He has agreed that the fuel. Fourth, once and for all, throw and transportation oil. Frankly, we Strategic Petroleum Reserve is to be out the MMS’s attempts to change the pay a higher price in Alaska. But I am used only for emergencies associated rules on oil valuation. not here to debate that issue at this with our national energy security in- Finally, let me refer to some who time. I am also puzzled that many of terests and not for price manipulation. suggest that we don’t need to look to those same Members of this body have He has also postponed delivery on 5 the future of oil. We have a lot of gas continued to support efforts that would million barrels of oil that the SPR in this country. It is just a matter of increase our susceptibility to this price would take at this time, an action time. Gas is cheap. Let me refer you to volatility. You can’t have it both ways. which I think is responsible because it a recent report by the National Petro- We are dependent on foreign stocks for is intended to put more oil into the leum and Gas Council. The demand for 56 percent of our supplies. The only market and ease prices. It is going to gas is going to be increasing about one- way we are ever going to break this help, but it is not going to help enough. third in the next 10 years. There are cycle of dependence on foreign oil and The President has released 44 million going to be about 14 million new hook- our vulnerability to price is by boost- in emergency heating fuel funds. While ups for gas. The expenditure for that ing our own production here at home. I support these efforts, they alone are gas is going to be about $1.5 trillion. I can suggest that a good place to not enough. These are stopgap meas- Hearings that we have had in the En- start is on the west coast. A good place ures. They don’t address the real prob- ergy and Natural Resources Committee to start is in my State of Alaska, lem of our continuing reliance on for- show us that we do not have the infra- where we have been supplying this Na- eign oil and the resulting fact that we structure in place and we don’t have tion with 20 percent of its domestic oil are going to be dancing to the tune of access domestically to areas that have for the last 20 years. Recently the U.S. OPEC for the foreseeable future until the potential for producing gas because Geologic Survey estimated that an we have the intestinal fortitude to rec- the administration won’t open them up area set aside by Congress for an eval- ognize that we can develop domestic for exploration. uation of its oil and gas potential could sources of oil and gas in the United I see my good friend from New York have up to 16 billion barrels of recover- States, and we can keep our jobs at on the floor. I know of his interest in able oil. The 1998 estimate is the high- home and lessen our dependence on im- this crisis that is hitting the Northeast est estimate ever published regarding ported oil. corridor. I encourage him and others to the 1002 area. This body voted in 1995 to Look at the facts. The fact is, during look toward a long-term solution. A support environmentally sound explo- the tenure of this administration, U.S. long-term solution speaks for itself. It ration in this area. The Senate voted demand for oil has increased 14 per- suggests through technology, with on this bill, but the Clinton adminis- cent, and our domestic production, proper environmental safeguards, we tration vetoed the bill. They vetoed the strangled by this administration’s poli- can encourage more oil and gas explo- ANWR bill. It has become a cry for cies, has decreased 17 percent. You ration and development right here in environmentalism all over the country. can’t have it both ways. I am sympa- this country, as opposed to increasing If you initiate oil exploration in thetic to those Members who represent our dependence on OPEC where we are ANWR, you are going to violate this the Northeast corridor and are feeling going to continue to have this problem, area, this pristine area. the impact of a cold winter and high not just this February, but we are How many people have taken the fuel prices. I would propose the fol- going to have it this March. And we are time to understand the significance of lowing to address these concerns going to have it next November and ANWR? There are 19 million acres in through the enhancement of a domes- December and January, only by that ANWR. It is an area about the size of tic industry policy. time we might be 60 to 65 percent de- the State of South Carolina. What have First, give the industry greater ac- pendent on imported oil, as the Depart- we done to try to maintain protection cess to Federal lands in the United ment of Energy suggests. Then you are in these areas? We have taken 8 million States, both on and offshore, limiting going to have prices that are going to acres of the 19 million acres and put it to those States that want OCS activ- be coming down around our ears, and in wilderness in perpetuity. We have ity. Louisiana is a good example; Texas inflation will be attributed to a large taken another 9.5 million acres and is another. They recognize the con- degree to the price of oil and gas as a protected it as a refuge in perpetuity. tribution. They recognize the capa- consequence to our increased depend- But we set aside 1.5 million acres in the bility of the industry to do it safely. ence on imports. coastal plain, the so-called 1002 area, For the most part, the industry has Bottom line: Charity begins at home. under the jurisdiction of the Congress done a pretty good job. Mr. SCHUMER. Will the Senator to make a determination whether that We should, second, develop incentive from Alaska yield? portion and that portion only could be programs to make the U.S. oil and gas Mr. MURKOWSKI. I am happy to opened up for exploration. market more competitive in the world yield for a question. Some of my colleagues talk about market. We should open up that tiny Mr. SCHUMER. I thank the Senator. charity beginning at home, and suggest area of the Arctic oil reserve to envi- First, I thank him not only for his we ought to open up SPR. These are ronmentally sound exploration. Let’s leadership on this issue but for his very temporary measures that are basically face it. Alaska produces 20 percent of thoughtful remarks, which I will cer- impractical, that cut to the crux, if the crude oil that this country enjoys tainly chew over and look at. I saw you will, of our national security inter- today. That was authorized by the Sen- them on the screen and wanted to do ests, and don’t resolve a long-term so- ate on a tie vote where the Vice Presi- that. I certainly agree with the Sen- lution. What we should do is continue dent had to break the tie to authorize ator from Alaska, that what he is talk- to advance science and technology, and the development of that. ing about deals with the long-term develop domestic petroleum reserves. There was great speculation that the problem which we have to deal with The conclusion is obvious: If you 800-mile pipeline would somehow stop and what myself and the Senator from don’t support the industry’s expertise the caribou, would stop the moose. Maine, Ms. COLLINS, and some of us and capability through advanced tech- That has survived earthquakes, dyna- have been talking about as a short- nology to continue to explore whether mite, shootings. It is one of the con- term problem, which is the oil. For in- it be onshore or offshore, then you bet- struction wonders of the world. Where stance, home heating oil is higher in ter be prepared for higher prices and would we have been without it? You my State than it has ever, ever been,

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S207 even though the price of oil itself is not Government in manipulating the sales of heating oil are down. I have dis- higher than it has ever, ever been. of SPR has resulted in a situation cussed the rationale of why the re- I would like to ask the Senator a where we have purchased high and sold serves are low, but the fact is they are question. On the short-term issue, low, and there is a mentality that sug- low. So as a consequence, we are left which I understand the Senator’s gests that we will make up the dif- with a situation where price follows point, which is you are not going to ference, with the taxpayers taking it in supply and demand, and we are cer- solve the long-term issue. You will be the shorts, so to speak—I am not sug- tainly feeling the price. I think we back with short-term issues time and gesting we would not go back and re- should converse with our Secretary of time again. But given the crisis that place SPR. Indeed, there are some lo- Energy, who is attempting to interject we have, the proposal that Senator gistic problems with the idea. One, you with the Saudis, Venezuelans, Nor- COLLINS and I have made is to not de- don’t move it out of SPR very fast be- wegians, and other oil-producing coun- plete the oil reserve, the SPR, but cause it is in the salt caverns and there tries to try to encourage them to, if rather to at this point sell a small is only so much pumping capability you will, increase their OPEC volume, amount of it, let’s say 500,000 barrels a and you have to move it to the refinery which they have been remarkably solid day, from now until March 31, that the and then you have to refine it. The re- in their ability to hold together and experts we have talked to have told us alization is that the refineries, as I un- not do that. that that is likely to crack OPEC’s derstand it, in proximity to the SPR They operate under two theories. One unity, and also not just OPEC, but are pretty much up to their designed is they would like to have the highest Mexico and Norway, which in the past capacity. So what we need is an SPR of possible price and produce the least had not always marched in lockstep heating oil for you. That would be my amount of oil. But if that cartel with OPEC. I would be against deplet- best assessment of the current situa- cracks, then they still have to have the ing the reserve. The first question I ask tion. But I am sensitive to the Sen- same volume of dollars to benefit their the Senator is: If he was assured that ator’s concern. government, so they will produce more the oil would be bought back at either Mr. SCHUMER. I know the Senator oil to get it. What we have seen as a a higher or lower price—and most ex- is sensitive to that, and I very much consequence is the cartel coming to- perts think it would be considerably appreciate that. The experts with gether and holding tough. Subject to lower—would that assuage some of his whom I have checked at least have said the ability of the Secretary of Energy concerns? I don’t want to burden the it would take about 30 days from the to convince them to do otherwise, I Senator, but he is an expert, and I time the President were to order sell- would not look for immediate relief would like to get the benefit of his wis- ing of the SPR to the time it could be from that area. I think there is relief dom. removed and refined appropriately. I coming, but your constituents are If a program were developed of swaps think more to the point —or maybe not going to be exposed to some high and were put in automatically so that more to the point but also to the point, prices. As sympathetic as I am, I don’t oil was bought for the SPR when the many people, certainly the majority I know the answer. price was rather low, oil was sold when have talked to, believe that even if we I just don’t think SPR is going to be the price was rather high, but there were to announce we were going to sell able to meet the demand in a timely was a guaranteed commitment that if some of the SPR on the open market, enough manner by the time you get the oil was sold during a high price, the odds are quite high that from that past another 30 days and some of this that it would be bought back at a low point, the OPEC nations, countries production in to your constituents. I price, and you could put a time limit such as Mexico and Norway—that don’t think that is going to do what on—one of the things mentioned was would crack their unity. the market is doing now, which is that you would have to do it in a year My main goal, at least, in offering bringing more heating oil that is al- regardless—would that not deal with this solution is not simply to tempo- ready refined in Europe into the United the long-term problem that the Sen- rarily reduce the price of oil but rather States. I would much rather work ulti- ator is addressing in most of his re- to sort of break OPEC. In the past, mately for a long-term solution to our marks? But would that assuage some of what our Government would do would exposures because you have to look at his concerns about the short-term issue be go to the governments of Mexico the reality. We are going to be more that many of us in the Northeast have and Norway and say, hey, help us out. and more exposed to the whims of such problems with? In the past, they would. When they OPEC. We have allowed Saddam Hus- I yield to the Senator to answer that pumped a little more oil, the unity of sein and Iraq to come in with another question. the 11 OPEC nations would crack. Well, 2 million barrels a day. That helps us Mr. MURKOWSKI. I will respond to Mexico and Norway are not fulfilling and hurts us when you think about it. that. I recognize the sensitivity of my that role for a variety of reasons, some Who benefits from that? It is a complex good friend, and the Senator from of which I am aware and some of which problem. I have a hard time accepting Maine, also. There are a couple of fac- I am not. So we would be fulfilling the that part of the role of SPR is to meet tors I think are very important to un- same role. the domestic price manipulations as derstand, and that is the ability of the I guess my only question to the Sen- opposed to the philosophy that went strategic petroleum reserve to be ator from Alaska, chairman of the En- into SPR, which was its design to be a moved out in a relatively short period ergy and Natural Resources Com- strategic petroleum reserve in the of time the crude it has accumulated, mittee, is—and maybe my information sense of a time when our supplies may or any portion of it, and transport it to is wrong—if it would take 30 days, be cut off. There has been a great deal refineries that aren’t already up to the would that change his view? Secondly, of criticism in my committee of the maximum capacity of their refining ca- does he think that it might have a ability of SPR to be able to produce if pability, and then move it to market good chance, if we did even announce a demand is there. There are a lot of because this winter isn’t going to last this and began to do it, to crack shortcomings within SPR’s makeup. forever. But right now, it is significant OPEC’s unity and that would solve our Mr. SCHUMER. I thank the Senator. and very meaningful, as evidenced by problem—short-term admittedly and the price associated with heating oil. not long-term—right away rather than f As I indicated in my floor statement, pumping small amounts of oil our- we have evidence by the Department of selves? MORNING BUSINESS Energy that there are a number of Mr. MURKOWSKI. In response to my Mr. MURKOWSKI. Mr. President, I ships in transit from Europe bringing good friend from New York, I antici- ask unanimous consent that there be a heating oil. So there will be price relief pate it would take at least 30-plus days period for the transaction of routine soon. As you and I know, the price goes to see any significant movement from morning business, with each Senator up a lot faster than it comes down. The the SPR, which is crude oil transported permitted to speak therein for up to 10 idea of swaps certainly has merit and to a refinery in enough time to relieve minutes each. has been done before. But, tradition- the crisis of the high price in the The PRESIDING OFFICER. Without ally, the manner in which the Federal Northeast. The problem is, the reserves objection, it is so ordered.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S208 CONGRESSIONAL RECORD — SENATE February 1, 2000 THE VERY BAD DEBT BOXSCORE REPORT TO THE CONGRESS ON United States of America and the Gov- Mr. HELMS. Mr. President, at the PRESIDENTIAL DETERMINATION ernment of the Republic of Latvia ex- close of business yesterday, Monday, 99–37 RELATIVE TO THE AIR tending the Agreement of April 8, 1993, January 31, 2000, the Federal debt stood FORCE’S OPERATING LOCATION Concerning Fisheries Off the Coasts of at $5,711,285,168,951.46 (Five trillion, NEAR GROOM LAKE, NEVADA— the United States, with annex, as ex- seven hundred eleven billion, two hun- MESSAGE FROM THE PRESI- tended (the ‘‘1993 Agreement’’). The dred eighty-five million, one hundred DENT—PM 81 present Agreement, which was effected sixty-eight thousand, nine hundred The PRESIDING OFFICER laid be- by an exchange of notes at Riga on fifty-one dollars and forty-six cents). fore the Senate the following message June 7 and September 27, 1999, extends Five years ago, January 31, 1995, the from the President of the United the 1993 Agreement to December 31, Federal debt stood at $4,815,827,000,000 States, together with an accompanying 2002. (Four trillion, eight hundred fifteen report; which was referred to the Com- In light of the importance of our fish- billion, eight hundred twenty-seven mittee on Environment and Public eries relationship with the Republic of million). Works. Latvia, I urge that the Congress give Ten years ago, January 31, 1990, the favorable consideration to this Agree- To the Congress of the United States: ment at an early date. Federal debt stood at $2,974,584,000,000 Consistent with section 6001(a) of the (Two trillion, nine hundred seventy- WILLIAM J. CLINTON. Resource Conservation and Recovery THE WHITE HOUSE, January 31, 2000. four billion, five hundred eighty-four Act (RCRA) (the ‘‘Act’’), as amended, million). 42 U.S.C. 6961(a), notification is hereby f Fifteen years ago, January 31, 1985, given that on September 20, 1999, I MESSAGE FROM THE HOUSE the Federal debt stood at issued Presidential Determination 99– At 10:20 a.m., a message from the $1,679,916,000,000 (One trillion, six hun- 37 (copy enclosed) and thereby exer- House of Representatives, delivered by dred seventy-nine billion, nine hundred cised the authority to grant certain ex- Ms. Niland, one of its reading clerks, sixteen million). emptions under section 6001(a) of the announced that the House has passed Twenty-five years ago, January 31, Act. the following bill, without amendment: 1975, the Federal debt stood at Presidential Determination 99–37 ex- S. 1733. An act to amend the Food Stamp $494,140,000,000 (Four hundred ninety- empted the United States Air Force’s Act of 1977 to provide for a national standard four billion, one hundred forty million) operating location near Groom Lake, of interoperability and portability applicable which reflects a debt increase of more Nevada, from any Federal, State, inter- to electronic food stamp benefit trans- than $5 trillion—$5,217,145,168,951.46 state, or local hazardous or solid waste actions. (Five trillion, two hundred seventeen laws that might require the disclosure The message also announced that the billion, one hundred forty-five million, of classified information concerning House has agreed to the following con- one hundred sixty-eight thousand, nine that operating location to unauthor- current resolution, in which it requests hundred fifty-one dollars and forty-six ized persons. Information concerning the concurrence of the Senate: cents) during the past 25 years. activities at the operating location H. Con. Res. 244. Concurrent resolution per- near Groom Lake has been properly de- mitting the use of the rotunda of the Capitol f termined to be classified, and its dis- for a ceremony as part of the commemora- closure would be harmful to national tion of the days of remembrance of victims MESSAGES FROM THE PRESIDENT security. Continued protection of this of the Holocaust. information is, therefore, in the para- The message further announced that Messages from the President of the mount interest of the United States. the House has agreed to the amend- United States were communicated to The determination was not intended ments of the Senate to the bill (H.R. the Senate by Mr. Williams, one of his to imply that in the absence of a Presi- 2130) to amend the Controlled Sub- secretaries. dential exemption, RCRA or any other stances Act to add gamma hydroxy- EXECUTIVE MESSAGES REFERRED provision of law permits or requires the butyric acid and ketamine to the As in executive session the Presiding disclosure of classified information to schedules of controlled substances, to Officer laid before the Senate messages unauthorized persons. The determina- provide for a national awareness cam- from the President of the United tion also was not intended to limit the paign, and for other purposes. States submitting a treaty and sundry applicability or enforcement of any re- The message also announced that the nominations which were referred to the quirement of law applicable to the Air House has agreed to the amendment of appropriate committees. Force’s operating location near Groom the Senate to the resolution (H. Con. (The nominations received today are Lake except those provisions, if any, Res. 221) authorizing printing of the printed at the end of the Senate pro- that would require the disclosure of brochures entitled ‘‘How Our Laws Are ceedings.) classified information. Made’’ and ‘‘Our American Govern- WILLIAM J. CLINTON. ment,’’ the pocket version of the f THE WHITE HOUSE, January 31, 2000. United States Constitution, and the f document-sized, annotated version of REPORT TO THE CONGRESS ON REPORT TO THE CONGRESS ON the United States Constitution.’’ THE U.S. ARCTIC RESEARCH THE AGREEMENT BETWEEN THE The message further announced that PLAN—MESSAGE FROM THE U.S. AND LATVIA CONCERNING pursuant to section 702(b) of the Intel- PRESIDENT—PM 80 FISHERIES OFF THE COASTS OF ligence Authorization Act for fiscal year 2000 (50 U.S.C. 401) and the order of The PRESIDING OFFICER laid be- THE U.S.—MESSAGE FROM THE the House of Thursday, November 18, fore the Senate the following message PRESIDENT—PM 82 1999, the Speaker on Wednesday, Janu- from the President of the United The PRESIDING OFFICER laid be- ary 12, 2000, appointed the following States, together with an accompanying fore the Senate the following message Member of the House to the National report; which was referred to the Com- from the President of the United Commission for the Review of the Na- mittee on Governmental Affairs. States, together with an accompanying tional Reconnaissance Office: Mr. GOSS To the Congress of the United States: report; which was referred to the Com- of Florida; and from private life: Mr. Pursuant to the provisions of the mittees on Environment and Public Eli S. Jacobs of New York and Mr. Arctic Research and Policy Act of 1984, Works; and Foreign Relations. Larry D. Cox of Maryland. as amended (15 U.S.C. 4108(a)), I trans- To the Congress of the United States: The message also announced that mit herewith the sixth biennial revi- In accordance with the Magnuson- pursuant to section 5(a) of the Commis- sion (2000–2004) to the United States Stevens Fishery Conservation and sion on the Advancement of Women Arctic Research Plan. Management Act (16 U.S.C. 1801 et and Minorities in Science, Engineering WILLIAM J. CLINTON. seq.), I transmit herewith an Agree- and Technology Development Act (42 THE WHITE HOUSE, February 1, 2000. ment between the Government of the U.S.C. 1885a) and the order of the House

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S209 of Thursday, November 18, 1999, the cost comparison being conducted at the Air EC–7085. A communication from the Chair- Speaker on Monday, January 3, 2000, Force Reserve Personnel Center in Denver, man of the Council of the District of Colum- appointed the following individuals on CO; to the Committee on Armed Services. bia, transmitting, pursuant to law, a report EC–7075. A communication from the Chief, on D.C. Act 13–169, ‘‘Advisory Neighborhood the part of the House to the Commis- Programs and Legislation Division, Office of Commission Procurement Exclusion Tem- sion on the Advancement of Women Legislative Liaison, Department of the Air porary Amendment Act of 1999’’; to the Com- and Minorities in Science, Engineering Force, transmitting, a report relative to a mittee on Governmental Affairs. and Technology Development to fill cost comparison conducted at Elmendorf Air EC–7086. A communication from the Chair- the existing vacancy thereon: Mr. Force Base, AK; to the Committee on Armed man of the Council of the District of Colum- Charles E. Vela of Maryland. Services. bia, transmitting, pursuant to law, a report The message further announced that EC–7076. A communication from the Chief, on D.C. Act 13–170, ‘‘Advisory Neighborhood Commission Vacancy Temporary Amend- pursuant to section 852(b) of Public Programs and Legislation Division, Office of Legislative Liaison, Department of the Air ment Act of 1999’’; to the Committee on Gov- Law 105–244 (as amendment by Public Force, transmitting, a report relative to a ernmental Affairs. Law 106–113), the Chairman of the Com- cost comparison conducted at Westover Air EC–7087. A communication from the Chair- mittee on Education and the Workforce Reserve Base, MA; to the Committee on man of the Council of the District of Colum- appointed the following Member to the Armed Services. bia, transmitting, pursuant to law, a report Web-Based Education Commission: Mr. EC–7077. A communication from the Assist- on D.C. Act 13–181, ‘‘Office of the Inspector General Powers and Duties Amendment Act ISAKSON of Georgia. ant Legal Adviser for Treaty Affairs, Depart- ment of State, transmitting, pursuant to of 1999’’; to the Committee on Governmental law, the report of the texts and background Affairs. At 4:03 p.m., a message from the EC–7088. A communication from the Chair- House of Representatives, delivered by statements of international agreements, other than treaties; to the Committee on man of the Council of the District of Colum- Mr. Hays, one of its reading clerks, an- Foreign Relations. bia, transmitting, pursuant to law, a report nounced that the House has agreed to EC–7078. A communication from the Asso- on D.C. Act 13–171, ‘‘Management Super- the following concurrent resolution, in ciate Administrator, Agricultural Marketing visory Service Temporary Amendment Act which it requests the concurrence of Service, Fruit and Vegetable Programs, De- of 1999’’; to the Committee on Governmental the Senate: partment of Agriculture, transmitting, pur- Affairs. suant to law, the report of a rule entitled EC–7089. A communication from the Chair- H. Con. Res. 245. Concurrent resolution to ‘‘Olives Grown in California: Decreased As- man of the Council of the District of Colum- correct technical errors in the enrollment of sessment Rate’’ (Docket Number FV00–932–1 bia, transmitting, pursuant to law, a report the bill H.R. 764. IFR), received January 27, 2000; to the Com- on D.C. Act 13–186, ‘‘Retail Service Station Amendment Temporary Act of 1999’’; to the f mittee on Agriculture, Nutrition, and For- Committee on Governmental Affairs. estry. MEASURE REFERRED EC–7090. A communication from the Chair- EC–7079. A communication from the Asso- man of the Council of the District of Colum- The following concurrent resolution ciate Administrator, Agricultural Marketing bia, transmitting, pursuant to law, a report Service, Fruit and Vegetable Programs, De- was read and referred as indicated: on D.C. Act 13–205, ‘‘Motor Coach Vehicles partment of Agriculture, transmitting, pur- H. Con. Res. 244. Concurrent resolution per- Tax Exemption Amendment Act of 1999’’; to suant to law, the report of a rule entitled mitting the use of the rotunda of the Capitol the Committee on Governmental Affairs. for a ceremony as part of the commemora- ‘‘Hazelnuts Grown in Oregon and Wash- EC–7091. A communication from the Chair- tion of the days of remembrance of victims ington; Establishment of Interim and Final man of the Council of the District of Colum- of the Holocaust; to the Committee on Rules Free and Restricted Percentages for the 1999– bia, transmitting, pursuant to law, a report and Administration. 2000 Marketing Year’’ (Docket Number FV00– on D.C. Act 13–204, ‘‘Campaign Finance Re- 932–1 IFR), received January 27, 2000; to the f form Amendment Act of 1999’’; to the Com- Committee on Agriculture, Nutrition, and mittee on Governmental Affairs. EXECUTIVE AND OTHER Forestry. EC–7092. A communication from the Chair- COMMUNICATIONS EC–7080. A communication from the Asso- man of the Council of the District of Colum- ciate Administrator, Agricultural Marketing bia, transmitting, pursuant to law, a report The following communications were Service, Fruit and Vegetable Programs, De- on D.C. Act 13–196, ‘‘Elections Amendment laid before the Senate, together with partment of Agriculture transmitting, pur- Act of 1999’’; to the Committee on Govern- accompanying papers, reports, and doc- suant to law, the report of a rule entitled mental Affairs. uments, which were referred as indi- ‘‘Onions Grown in South Texas: Decreased EC–7093. A communication from the Chair- cated: Assessment Rate’’ (Docket Number FV00– man of the Council of the District of Colum- 959–1 FR), received January 27, 2000; to the bia, transmitting, pursuant to law, a report EC–7071. A communication from the Assist- Committee on Agriculture, Nutrition, and on D.C. Act 13–194, ‘‘Blanket Order Blitz In- ant General Counsel for Regulations, Depart- Forestry. creased Opportunity for Local, Small, and ment of Housing and Urban Development, EC–7081. A communication from the Asso- Disadvantaged Business Enterprises Tem- transmitting, pursuant to law, the report of ciate Administrator, Agricultural Marketing porary Amendment Act of 1999’’; to the Com- a rule entitled ‘‘HUD Acquisition Regula- Service, Fruit and Vegetable Programs, De- mittee on Governmental Affairs. tion; Miscellaneous Revisions’’ (RIN2535– partment of Agriculture transmitting, pur- EC–7094. A communication from the Chair- AA25) (FR–4291–F–02), received January 24, suant to law, the report of a rule entitled man of the Council of the District of Colum- 2000; to the Committee on Banking, Housing, ‘‘Tomatoes Grown in Florida: Decreased As- bia, transmitting, pursuant to law, a report and Urban Affairs. sessment Rate’’ (Docket Number FV99–966–1 on D.C. Act 13–191, ‘‘Choice of Driver’s Li- EC–7072. A communication from the Assist- FIR), received January 27, 2000; to the Com- cense Number Amendment Act of 1999’’; to ant General Counsel for Regulations, Depart- mittee on Agriculture, Nutrition, and For- the Committee on Governmental Affairs. ment of Housing and Urban Development, estry. EC–7095. A communication from the Chair- transmitting, pursuant to law, the report of EC–7082. A communication from the Chair- man of the Council of the District of Colum- a rule entitled ‘‘HUD Acquisition Regula- man, Merit Systems Protection Board, bia, transmitting, pursuant to law, a report tion; Miscellaneous Revisions’’ (RIN2535– transmitting, pursuant to law, the Board’s on D.C. Act 13–192, ‘‘Digital Audio Radio Sat- AA24) (FR–4115–F–03), received January 24, report under the Government in the Sun- ellite Service Companies Tax Exemption Act 2000; to the Committee on Banking, Housing, shine Act for calendar year 1998; to the Com- of 1999’’; to the Committee on Governmental and Urban Affairs. mittee on Governmental Affairs. Affairs. EC–7073. A communication from the Assist- EC–7083. A communication from the Execu- EC–7096. A communication from the Chair- ant General Counsel for Regulations, Depart- tive Director, Committee for Purchase from man of the Council of the District of Colum- ment of Housing and Urban Development, People who are Blind or Severely Disabled, bia, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of on D.C. Act 13–190, ‘‘Safe Teenage Driving a rule entitled ‘‘Requirements for Notifica- a rule entitled ‘‘Additions to the Procure- Amendment Act of 1999’’; to the Committee tion, Evaluation and Reduction of Lead- ment List’’, received January 24, 2000; to the on Governmental Affairs. Based Paint Hazards in Housing Receiving Committee on Governmental Affairs. EC–7097. A communication from the Chief, Federal Assistance and Federally Owned EC–7084. A communication from the Chair- Office of Regulations and Administrative Residential Property Being Sold; Correc- man of the Council of the District of Colum- Law, U.S. Coast Guard, Department of tions’’ (RIN2501–AB57) (FR–3482–C–07), re- bia, transmitting, pursuant to law, a report Transportation, transmitting, pursuant to ceived January 24, 2000; to the Committee on on D.C. Act 13–168, ‘‘Service Improvement law, the report of 28 rules relative to Regatta Banking, Housing, and Urban Affairs. and Fiscal Year 2000 Budget Support Special Regulations (RIN2115–AE46), received Janu- EC–7074. A communication from the Chief, Education Student Funding Increase Non- ary 24, 2000; to the Committee on Commerce, Programs and Legislation Division, Office of service Nonprovider Clarifying and Tech- Science, and Transportation. Legislative Liaison, Department of the Air nical Temporary Amendment Act of 1999’’; to EC–7098. A communication from the Chief, Force, transmitting, a report relative to a the Committee on Governmental Affairs. Office of Regulations and Administrative

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S210 CONGRESSIONAL RECORD — SENATE February 1, 2000 Law, U.S. Coast Guard, Department of ment of Transportation, transmitting, pur- ceived December 21, 1999; to the Committee Transportation, transmitting, pursuant to suant to law, the report of a rule entitled on Commerce, Science, and Transportation. law, the report of 254 rules relative to Safety/ ‘‘Various Transport Category Airplanes EC¥7116. A communication from the Pro- Security Zone Regulations (RIN2115–AA97), Equipped With Mode ‘C’ Transponder(s) With gram Analyst, Office of the Chief Counsel, received January 24, 2000; to the Committee Single Gillham Code Altitude Input; Request Federal Aviation Administration, Depart- on Commerce, Science, and Transportation. for Comments; Docket No. 99–NM–328 (11/12– ment of Transportation, transmitting, pur- EC–7099. A communication from the Acting 11/18)’’ (RIN2120–AA64) (1999–0449), received suant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- November 19, 1999; to the Committee on ‘‘Standard Instrument Approach Procedures; tional Marine Fisheries Service, Department Commerce, Science, and Transportation. Miscellaneous Amendments; Amdt. No. 1967 of Commerce, transmitting, pursuant to law, EC–7108. A communication from the Pro- [12–30/12–30]’’ (RIN2120–AA65) (1999–0062), re- the report of a rule entitled ‘‘Trip Limit Re- gram Analyst, Office of the Chief Counsel, ceived January 4, 2000; to the Committee on duction of the Commercial Hook-and-Line Federal Aviation Administration, Depart- Commerce, Science, and Transportation. ¥ Fishery for King Mackerel in the West Coast ment of Transportation, transmitting, pur- EC 7117. A communication from the Pro- Subzone’’, received January 27, 2000; to the suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, Committee on Commerce, Science, and ‘‘Revision of Certification Requirements: Federal Aviation Administration, Depart- Transportation. Aircraft Dispatchers (12/8–12/6)’’ (RIN2120– ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled EC–7100. A communication from the Acting AG04), received December 6, 1999; to the ‘‘Standard Instrument Approach Procedures; Director, Office of Sustainable Fisheries, Na- Committee on Commerce, Science, and Miscellaneous Amendments (40); Amdt. No. tional Marine Fisheries Service, Department Transportation. 1966 [1–5/1–6]’’ (RIN2120–AA65) (2000–0001), re- of Commerce, transmitting, pursuant to law, EC–7109. A communication from the Pro- ceived January 6, 2000; to the Committee on the report of a rule entitled ‘‘Fisheries of the gram Analyst, Office of the Chief Counsel, Commerce, Science, and Transportation. Exclusive Economic Zone off Alaska; Pacific Federal Aviation Administration, Depart- EC¥7118. A communication from the Pro- Cod by Vessels Using Hook-and-Line or Pot ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Gear in the Bering Sea and Aleutian Is- suant to law, the report of a rule entitled Federal Aviation Administration, Depart- lands’’, received January 27, 2000; to the ‘‘Prohibition Against Certain Flights Within ment of Transportation, transmitting, pur- Committee on Commerce, Science, and the Territory and Airspace of Sudan; With- suant to law, the report of a rule entitled Transportation. drawal’’ (RIN2120–AG67) (1999–0001), received ‘‘Standard Instrument Approach Procedures; EC–7101. A communication from the Dep- November 29, 1999; to the Committee on Miscellaneous Amendments (76); Amdt. No. uty Assistant Administrator, National Ma- Commerce, Science, and Transportation. 1964 [12–20/12–20]’’ (RIN2120–AA65) (1999–0061), rine Fisheries Service, Department of Com- EC–7110. A communication from the Pro- received December 21, 1999; to the Committee merce, transmitting, pursuant to law, the re- gram Analyst, Office of the Chief Counsel, on Commerce, Science, and Transportation. port of a rule entitled ‘‘Fisheries of the Ex- Federal Aviation Administration, Depart- EC¥7119. A communication from the Pro- clusive Economic Zone Off Alaska; Bycatch ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Rate Standards for the First Half of 2000’’, suant to law, the report of a rule entitled Federal Aviation Administration, Depart- received January 27, 2000; to the Committee ‘‘Part 91 Amendment; General Operating and ment of Transportation, transmitting, pur- on Commerce, Science, and Transportation. Flight Rules; Technical Amendment; Docket suant to law, the report of a rule entitled EC–7102. A communication from the Dep- No. 29833; (11/30–12/2)’’ (RIN2120–ZZ21), re- ‘‘Standard Instrument Approach Procedures; uty Assistant Administrator for Fisheries, ceived December 3, 1999; to the Committee on Miscellaneous Amendments (60); Amdt. No. National Marine Fisheries Service, Depart- Commerce, Science, and Transportation. 1965 [12–20/12–20]’’ (RIN2120–AA65) (1999–0060), ment of Commerce, transmitting, pursuant EC¥7111. A communication from the Pro- received December 21, 1999; to the Committee to law, the report of a rule entitled ‘‘Exclu- gram Analyst, Office of the Chief Counsel, on Commerce, Science, and Transportation. sive Economic Zone Off Alaska; Steller Sea Federal Aviation Administration, Depart- EC–7120. A communication from the Pro- Lion Protection Measures for the Pollock ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Fisheries off Alaska’’ (RIN0648–AM32), re- suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ceived January 27, 2000; to the Committee on ‘‘Establishment of VOR Federal Airways; AK ment of Transportation, transmitting, pur- Commerce, Science, and Transportation. Docket No. 98–AAL–14 [11/29–12/2]’’ (RIN2120– suant to law, the report of a rule entitled EC–7103. A communication from the Sec- AA66) (1999–0379), received December 3, 1999; ‘‘Standard Instrument Approach Procedures; retary of Transportation, transmitting, a re- to the Committee on Commerce, Science, Miscellaneous Amendments (34); Amdt. No. port relative to air service between the U.S. and Transportation. 1961 [11–19/11–22]’’ (RIN2120–AA65) (1999–0057), and Murtula Mohammed International Air- EC¥7112. A communication from the Pro- received November 22, 1999; to the Com- port, Nigeria; to the Committee on Com- gram Analyst, Office of the Chief Counsel, mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. Federal Aviation Administration, Depart- tation. EC–7104. A communication from the Pro- ment of Transportation, transmitting, pur- EC–7121. A communication from the Pro- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- ‘‘Change in Name of Using Agency For Re- Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- stricted Area R–5203; Oswego, NY; Docket ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled No. 99–AEA–12 [11/8–11/18]’’ (RIN2120–AA66) suant to law, the report of a rule entitled ‘‘Changes in Permissible Stage 2 Airplane (1999–0365), received November 19, 1999; to the ‘‘Standard Instrument Approach Procedures; Operations; Notice of Statutory Changes [12/ Committee on Commerce, Science, and Miscellaneous Amendments (60); Amdt. No. 1959 [11–9/11–18]’’ (RIN2120–AA65) (1999–0055), 17–12/20]’’ (RIN2120–ZZ23), received December Transportation. received November 19, 1999; to the Com- 21, 1999; to the Committee on Commerce, EC¥7113. A communication from the Pro- mittee on Commerce, Science, and Transpor- Science, and Transportation. gram Analyst, Office of the Chief Counsel, tation. EC–7105. A communication from the Pro- Federal Aviation Administration, Depart- EC–7122. A communication from the Pro- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- ‘‘Emission Standards for Turbine Engine ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled Powered Airplanes; Correction’’ (RIN2120– suant to law, the report of a rule entitled ‘‘Amendment to Jet Routes J–78 and J–112; AG68) (1999–0002), received November 19, 1999; ‘‘Standard Instrument Approach Procedures; Evansville, IN Docket No. 99–AGL–48 [12/20– to the Committee on Commerce, Science, Miscellaneous Amendments (66); Amdt. No. 12/20]’’ (RIN2120–AA66) (1999–0402), received and Transportation. 1958 [11–9/11–18]’’ (RIN2120–AA65) (1999–0054), ¥ December 21, 1999; to the Committee on Com- EC 7114. A communication from the Pro- received November 19, 1999; to the Com- merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, mittee on Commerce, Science, and Transpor- EC–7106. A communication from the Pro- Federal Aviation Administration, Depart- tation. gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- EC–7123. A communication from the Pro- Federal Aviation Administration, Depart- suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ‘‘Flight Plan Requirements for Helicopter Federal Aviation Administration, Depart- suant to law, the report of a rule entitled Operations Under Instrument Flight Rules ment of Transportation, transmitting, pur- ‘‘FAA Policy and Final Guidance Regarding [1/20–1/20]’’ (RIN2120–AG53), received January suant to law, the report of a rule entitled Benefit Cost Analysis on Airport Capacity 24, 2000; to the Committee on Commerce, ‘‘Standard Instrument Approach Procedures; Projects for FAA Decisions on Airport Im- Science, and Transportation. Miscellaneous Amendments (56); Amdt. No. provement Program Discretionary Grants EC¥7115. A communication from the Pro- 1963 [12–2/12–2]’’ (RIN2120–AA65) (1999–0059), and Letters of Intent [12/15–12/16]’’ (RIN2120– gram Analyst, Office of the Chief Counsel, received December 3, 1999; to the Committee ZZ22), received December 16, 1999; to the Federal Aviation Administration, Depart- on Commerce, Science, and Transportation. Committee on Commerce, Science, and ment of Transportation, transmitting, pur- EC–7124. A communication from the Pro- Transportation. suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, EC–7107. A communication from the Pro- ‘‘Revisions to Digital Flight Recorder Re- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, quirements for Airbus Airplanes; Correction ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- [1/14–1/20]’’ (RIN2120–AG88) (2000–0001), re- suant to law, the report of a rule entitled

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S211 ‘‘Standard Instrument Approach Procedures; EC–7133. A communication from the Pro- 24, 2000; to the Committee on Commerce, Miscellaneous Amendments; Amdt. No. 418 gram Analyst, Office of the Chief Counsel, Science, and Transportation. [11–24/12–2]’’ (RIN2120–AA63) (1999–0004), re- Federal Aviation Administration, Depart- EC–7142. A communication from the Pro- ceived December 3, 1999; to the Committee on ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Commerce, Science, and Transportation. suant to law, the report of a rule entitled Federal Aviation Administration, Depart- EC–7125. A communication from the Pro- ‘‘Establishment of Class E Airspace; ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Koliganek, AL; Docket No. 99–AAL–15 [11–22/ suant to law, the report of a rule entitled Federal Aviation Administration, Depart- 11–29]’’ (RIN2120–AA66) (2000–0372), received ‘‘Amendment to Class E Airspace; Puerto ment of Transportation, transmitting, pur- November 29, 1999; to the Committee on Rico, PR; Docket No. 99–ASO–17 [1–18/1–20]’’ suant to law, the report of a rule entitled Commerce, Science, and Transportation. (RIN2120–AA66) (2000–0008), received January ‘‘Standard Instrument Approach Procedures; EC–7134. A communication from the Pro- 24, 2000; to the Committee on Commerce, Miscellaneous Amendments (56); Amdt. No. gram Analyst, Office of the Chief Counsel, Science, and Transportation. 1962 [12–2/12–2]’’ (RIN2120–AA65) (1999–0058), Federal Aviation Administration, Depart- EC–7143. A communication from the Pro- received December 3, 1999; to the Committee ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, on Commerce, Science, and Transportation. suant to law, the report of a rule entitled Federal Aviation Administration, Depart- EC–7126. A communication from the Pro- ‘‘Establishment of Class E Airspace; Pine ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, River, MN; Docket No. 99–AGL–47 [12–3/12–9]’’ ‘‘Amendment to Class E Airspace; Herington, Federal Aviation Administration, Depart- (RIN2120–AA66) (1999–0391), received Decem- KS; Docket No. 99–ACE–41 [12–6/12–13]’’ ment of Transportation, transmitting, pur- ber 9, 1999; to the Committee on Commerce, (RIN2120–AA66) (1999–0392), received Decem- suant to law, the report of a rule entitled Science, and Transportation. ber 13, 1999; to the Committee on Commerce, ‘‘Standard Instrument Approach Procedures; EC–7135. A communication from the Pro- Science, and Transportation. Miscellaneous Amendments (23); Amdt. No. gram Analyst, Office of the Chief Counsel, 420 [1–14/1–20]’’ (RIN2120–AA63) (2000–0001), re- EC–7144. A communication from the Pro- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ceived January 24, 2000; to the Committee on ment of Transportation, transmitting, pur- Commerce, Science, and Transportation. Federal Aviation Administration, Depart- suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- EC–7127. A communication from the Pro- ‘‘Establishment of Class E Airspace; Mon- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled tague, CA; Docket No. 95–AWP–44 [11–18/11– ‘‘Amendment to Class E Airspace; Marshall, Federal Aviation Administration, Depart- 18]’’ (RIN2120–AA66) (1999–0367), received No- ment of Transportation, transmitting, pur- MO; Direct Final Rule: Request for Com- vember 19, 1999; to the Committee on Com- ments; Docket No. 99–ACE–5 [1–31/1–20]’’ suant to law, the report of a rule entitled merce, Science, and Transportation. ‘‘Standard Instrument Approach Procedures; (RIN2120–AA66) (2000–0010), received January EC–7136. A communication from the Pro- 24, 2000; to the Committee on Commerce, Miscellaneous Amendments; Amdt. No. 419 gram Analyst, Office of the Chief Counsel, [11–24/12–2]’’ (RIN2120–AA63) (1999–0005), re- Science, and Transportation. Federal Aviation Administration, Depart- EC–7145. A communication from the Pro- ceived December 3, 1999; to the Committee on ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, Commerce, Science, and Transportation. suant to law, the report of a rule entitled EC–7128. A communication from the Pro- Federal Aviation Administration, Depart- ‘‘Establishment of Class E Airspace; Bates- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ville, IN, CA; Docket No. 99–AGL–44 [11–22/11– Federal Aviation Administration, Depart- suant to law, the report of a rule entitled 29]’’ (RIN2120–AA66) (1999–0375), received No- ment of Transportation, transmitting, pur- ‘‘Amendment to Class E Airspace; Winfield/ vember 29, 1999; to the Committee on Com- suant to law, the report of a rule entitled Arkansas City, KS; Direct Final Rule: Con- merce, Science, and Transportation. firmation of Effective Date; Docket No. 99– ‘‘Establishment of Class E Airspace; Stigler, EC–7137. A communication from the Pro- ACE–44 [12–3/12–6]’’ (RIN2120–AA66) (1999– OK; Direct Final Rule; Request for Com- gram Analyst, Office of the Chief Counsel, 0380), received December 13, 1999; to the Com- ments; Docket No. 2000–ASW–02 [1–21/1–24]’’ Federal Aviation Administration, Depart- mittee on Commerce, Science, and Transpor- (RIN2120–AA66) (2000–0013), received January ment of Transportation, transmitting, pur- tation. 24, 2000; to the Committee on Commerce, suant to law, the report of a rule entitled EC–7146. A communication from the Pro- Science, and Transportation. gram Analyst, Office of the Chief Counsel, EC–7129. A communication from the Pro- ‘‘Amendment to Class E Airspace; Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, Leonardtown, MD; Docket No. 99–AEA–13 [1– ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- 5/1–6]’’ (RIN2120–AA66) (2000–0002), received January 6, 2000; to the Committee on Com- suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- ‘‘Amendment to Class E Airspace; suant to law, the report of a rule entitled merce, Science, and Transportation. EC–7138. A communication from the Pro- Emmetsburg IA; Direct Final Rule: Con- ‘‘Establishment of Class E Airspace; Bur- firmation of Effective Date; Docket No. 99– lington, VT; Direct Final Rule; Request for gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- ACE–39 [12–6/12–13]’’ (RIN2120–AA66) (1999– Comments; Docket No. 99–ANE–92 [1–26/1–27]’’ 0397), received December 13, 1999; to the Com- (RIN2120–AA66) (2000–0015), received January ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- 27, 2000; to the Committee on Commerce, tation. Science, and Transportation. ‘‘Amendment to Class E Airspace; Camberon, MO; Docket No. 99–ACE–49 [12–29/12–30]’’ EC–7147. A communication from the Pro- EC–7130. A communication from the Pro- gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0409), received January 4, 2000; to the Committee on Commerce, Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Science, and Transportation. ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled suant to law, the report of a rule entitled EC–7139. A communication from the Pro- gram Analyst, Office of the Chief Counsel, ‘‘Amendment to Class E Airspace; Malden, ‘‘Establishment of Class E Airspace; Bur- MO; Direct Final Rule: Confirmation of Ef- Federal Aviation Administration, Depart- lington, VT; Direct Final Rule; Request for fective Date; Docket No. 99–ACE–42 [12–6/12– ment of Transportation, transmitting, pur- Comments; Docket No. 99–ANE–91 [12–6/12– 13]’’ (RIN2120–AA66) (1999–0396), received De- suant to law, the report of a rule entitled 13]’’ (RIN2120–AA66) (1999–0393), received De- cember 13, 1999; to the Committee on Com- ‘‘Amendment to Class E Airspace; Frederick- cember 13, 1999; to the Committee on Com- merce, Science, and Transportation. merce, Science, and Transportation. town, MO; Docket No. 99–ACE–47 [12–29/12– EC–7148. A communication from the Pro- EC–7131. A communication from the Pro- 30]’’ (RIN2120–AA66) (1999–0410), received Jan- gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, uary 4, 2000; to the Committee on Commerce, Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- Science, and Transportation. ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- EC–7140. A communication from the Pro- suant to law, the report of a rule entitled suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ‘‘Amendment to Class E Airspace; Sikeston, ‘‘Establishment of Class E Airspace; Okee- Federal Aviation Administration, Depart- MO; Direct Final Rule; Confirmation of Ef- chobee, FL; Docket No. 99–ASO–21 [12–29/12– ment of Transportation, transmitting, pur- fective Date; Docket No. 99–ACE–43 [12–6/12– 30]’’ (RIN2120–AA66) (1999–0415), received Jan- suant to law, the report of a rule entitled 13]’’ (RIN2120–AA66) (1999–0395), received Jan- uary 4, 2000; to the Committee on Commerce, ‘‘Amendment to Class E Airspace; Glendive, uary 24, 2000; to the Committee on Com- Science, and Transportation. MT; Docket No. 99–ANM–08 [12–22/12–23]’’ merce, Science, and Transportation. EC–7132. A communication from the Pro- (RIN2120–AA66) (1999–0408), received Decem- EC–7149. A communication from the Pro- gram Analyst, Office of the Chief Counsel, ber 23, 1999; to the Committee on Commerce, gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- Science, and Transportation. Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- EC–7141. A communication from the Pro- ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; St. Mi- Federal Aviation Administration, Depart- ‘‘Amendment to Class E Airspace; Hutch- chael, AK; Final Rule; Correction; Docket ment of Transportation, transmitting, pur- inson, KS; Direct Final Rule; Request for No. 99–AAL–21 [11–19/11–22]’’ (RIN2120–AA66) suant to law, the report of a rule entitled Comments; Docket No. 99–ACE–48 [12–6/12– (1999–0396), received November 22, 1999; to the ‘‘Amendment to Class E Airspace; Browns- 13]’’ (RIN2120–AA66) (1999–0394), received De- Committee on Commerce, Science, and ville, PA; Docket No. 99–AEA–16 [1–5/1–6]’’ cember 13, 1999; to the Committee on Com- Transportation. (RIN2120–AA66) (2000–0011), received January merce, Science, and Transportation.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S212 CONGRESSIONAL RECORD — SENATE February 1, 2000 EC–7150. A communication from the Pro- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- suant to law, the report of a rule entitled suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- ‘‘Revision to Class E Airspace; Beaumont, ‘‘Revision to Class E Airspace; Carrizo suant to law, the report of a rule entitled TX; Direct Final Rule; Confirmation of Ef- Springs, TX; Direct Final Rule; Request for ‘‘Amendment to Class E Airspace; Iowa City, fective Date; Docket No. 99–ASW–25 [1–6/1– Comments; Docket No. 99–ASW–29 [12–17/12– IA; Direct Final Rule; Request for Com- 10]’’ (RIN2120–AA66) (2000–0004), received Jan- 20]’’ (RIN2120–AA66) (1999–0405), received De- ments; Docket No. 99–ACE–50 [12–29/12–30]’’ uary 10, 2000; to the Committee on Com- cember 21, 1999; to the Committee on Com- (RIN2120–AA66) (1999–0414), received January merce, Science, and Transportation. merce, Science, and Transportation. 4, 2000; to the Committee on Commerce, EC–7159. A communication from the Pro- EC–7167. A communication from the Pro- Science, and Transportation. gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, EC–7151. A communication from the Pro- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- suant to law, the report of a rule entitled suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- ‘‘Revision to Class E Airspace; Mineral ‘‘Revision to Class E Airspace; Lake Jack- suant to law, the report of a rule entitled Wells, TX; Direct Final Rule; Confirmation son, TX; Direct Final Rule; Request for Com- ‘‘Amendment to Class E Airspace; Mountain of Effective Date; Docket No. 99–ASW–20 [12– ments; Docket No. 99–ASW–27 [12–17/12–20]’’ View, MO; Direct Final Rule; Confirmation 9/12–9]’’ (RIN2120–AA66) (1999–0386), received (RIN2120–AA66) (1999–0404), received Decem- of Effective Date; Docket No. 99–ACE–46 [12– December 9, 1999; to the Committee on Com- ber 21, 1999; to the Committee on Commerce, 29/12–30]’’ (RIN2120–AA66) (1999–0413), received merce, Science, and Transportation. Science, and Transportation. January 4, 2000; to the Committee on Com- EC–7160. A communication from the Pro- EC–7168. A communication from the Pro- merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, EC–7152. A communication from the Pro- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- suant to law, the report of a rule entitled suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- ‘‘Revision to Class E Airspace; Corpus Chris- ‘‘Revision to Class E Airspace; Georgetown, suant to law, the report of a rule entitled ti, TX; Direct Final Rule; Confirmation of TX; Direct Final Rule; Confirmation of Ef- ‘‘Amendment to Class E Airspace; Effective Date; Docket No. 99–ASW–22 [12–9/ fective Date; Docket No. 99–ASW–18 [12–9/12– Marshalltown, IA; Direct Final Rule: Re- 12–9]’’ (RIN2120–AA66) (1999–0384), received 9]’’ (RIN2120–AA66) (1999–0385), received De- quest for Comments; Docket No. 99–ACE–52 December 9, 1999; to the Committee on Com- cember 9, 1999; to the Committee on Com- [12–29/12–30]’’ (RIN2120–AA66) (1999–0411, re- merce, Science, and Transportation. merce, Science, and Transportation. ceived January 4, 2000; to the Committee on EC–7161. A communication from the Pro- EC–7169. A communication from the Pro- Commerce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, EC–7153. A communication from the Pro- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- suant to law, the report of a rule entitled suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- ‘‘Revision to Class E Airspace; Alice, TX; Di- ‘‘Removal of Class E Airspace; Fulton, MS; suant to law, the report of a rule entitled rect Final Rule; Confirmation of Effective Docket No. 99–ASO–22 [12–3/12–3]’’ (RIN2120– ‘‘Amendment to Class E Airspace; Date; Docket No. 99–ASW–23 [12–9/12–9]’’ AA66) (1999–0388), received December 9, 1999; Estherville, IA; Direct Final Rule; Request to the Committee on Commerce, Science, (RIN2120–AA66) (1999–0387), received Decem- for Comments; Docket No. 99–ACE–54 (1–5/1– and Transportation. ber 9, 1999; to the Committee on Commerce, 6)’’ (RIN2120–AA66) (2000–0001), received Janu- EC–7170. A communication from the Pro- Science, and Transportation. gram Analyst, Office of the Chief Counsel, ary 6, 2000; to the Committee on Commerce, EC–7162. A communication from the Pro- Federal Aviation Administration, Depart- Science, and Transportation. gram Analyst, Office of the Chief Counsel, EC–7154. A communication from the Pro- ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- ‘‘Modification of Class E Airspace; Maple suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- Lake, MN; Docket No. 99–AGL–45 [11–22/11– ‘‘Revision to Class E Airspace; Falfurrias, suant to law, the report of a rule entitled 29]’’ (RIN2120–AA66) (1999–0374), received No- TX; Direct Final Rule; Confirmation of Ef- ‘‘Amendment to Class E Airspace; Lewiston, vember 29, 1999; to the Committee on Com- ID; Establishment of Class E Airspace; fective Date; Docket No. 99–ASW–21 [12–9/12– merce, Science, and Transportation. Grangeville, ID; Docket No. 99–ANM–01 [11– 9]’’ (RIN2120–AA66) (1999–0382), received De- EC–7171. A communication from the Pro- 23/11–29]’’ (RIN2120–AA66) (1999–0370), received cember 9, 1999; to the Committee on Com- gram Analyst, Office of the Chief Counsel, November 29, 1999; to the Committee on merce, Science, and Transportation. Federal Aviation Administration, Depart- EC–7163. A communication from the Pro- Commerce, Science, and Transportation. ment of Transportation, transmitting, pur- EC–7155. A communication from the Pro- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- ‘‘Modification of Class E Airspace; Fort Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Wayne, IN; Docket No. 99–AGL–46 [11–22/11– ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled 29]’’ (RIN2120–AA66) (1999–0376), received No- suant to law, the report of a rule entitled ‘‘Revision to Class E Airspace; Georgetown, vember 29, 1999; to the Committee on Com- ‘‘Amendment to Class D and Establishment TX; Direct Final Rule; Confirmation of Ef- merce, Science, and Transportation. of Class E Airspace; Fort Rucker, AL; Cor- fective Date; Docket No. 99–ASW–18 [12–9/12– EC–7172. A communication from the Pro- rection; Docket No. 99–ASO–14 [11–22/11–29]’’ 9]’’ (RIN2120–AA66) (1999–0385), received De- gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0371), received Novem- cember 9, 1999; to the Committee on Com- Federal Aviation Administration, Depart- ber 29, 1999; to the Committee on Commerce, merce, Science, and Transportation. ment of Transportation, transmitting, pur- Science, and Transportation. EC–7164. A communication from the Pro- suant to law, the report of a rule entitled EC–7156. A communication from the Pro- gram Analyst, Office of the Chief Counsel, ‘‘Modification of Class E Airspace; Willows- gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- Glen County Airport, CA; Docket No. 99– Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- AWP–22 [11–8/11–18]’’ (RIN2120–AA66) (1999– ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled 0368), received November 19, 1999; to the Com- suant to law, the report of a rule entitled ‘‘Revision to Class E Airspace; Corsicana, mittee on Commerce, Science, and Transpor- ‘‘Revision to Class E Airspace; Popint Lay, TX; Direct Final Rule; Request foe Com- tation. AK; Docket No. 99–AAL–12 [11–22/11–29]’’ ments; Docket No. 2000–ASW–0 [1–21/1–24]’’ EC–7173. A communication from the Pro- (RIN2120–AA66) (1999–0370), received Novem- (RIN2120–AA66) (2000–0012), received January gram Analyst, Office of the Chief Counsel, ber 29, 1999; to the Committee on Commerce, 24, 2000; to the Committee on Commerce, Federal Aviation Administration, Depart- Science, and Transportation. Science, and Transportation. ment of Transportation, transmitting, pur- EC–7157. A communication from the Pro- EC–7165. A communication from the Pro- suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, ‘‘Modification of Class E Airspace; Cal- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- edonia, MN; Docket No. 99–AGL–49 [12–3/12– ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- 6]’’ (RIN2120–AA66) (1999–0381), received De- suant to law, the report of a rule entitled suant to law, the report of a rule entitled cember 6, 1999; to the Committee on Com- ‘‘Revision to Class E Airspace; El Paso, TX; ‘‘Revision to Class E Airspace; Artesia, NM; merce, Science, and Transportation. Direct Final Rule; Confirmation of Effective Direct Final Rule; Request for Comments; EC–7174. A communication from the Pro- Date; Docket No. 99–ASW–26 [1–6/1–10]’’ Docket No. 99–ASW–30 [12–17/12–20]’’ gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (2000–0005), received January (RIN2120–AA66) (1999–0406), received Decem- Federal Aviation Administration, Depart- 10, 2000; to the Committee on Commerce, ber 21, 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- Science, and Transportation. Science, and Transportation. suant to law, the report of a rule entitled EC–7158. A communication from the Pro- EC–7166. A communication from the Pro- ‘‘Modification of Class E Airspace; Mar- gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, quette, MI; Revocation of Class E Airspace;

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S213 Sawyer, MI, and K.I. Sawyer; Docket No. 99– Alan Greenspan, of New York, to be Chair- of health care to be found anywhere in AGL–42 [12–3/12–9]’’ (RIN2120–AA66) (1999– man of the Board of Governors of the Federal the world. The bill will fully restore 0390), received December 9, 1999; to the Com- Reserve System for a term of four years. (Re- scheduled cuts in annual inflation ad- mittee on Commerce, Science, and Transpor- appointment) justments for in-patient services given tation. (The above nominations were re- to hospitals under the Medicare pro- EC–7175. A communication from the Pro- ported with the recommendation that gram Analyst, Office of the Chief Counsel, gram. Federal Aviation Administration, Depart- they be confirmed subject to the nomi- Mr. President, last year Congress ment of Transportation, transmitting, pur- nees’ commitment to respond to re- passed legislation restoring almost $17 suant to law, the report of a rule entitled quests to appear and testify before any billion over five years in scheduled ‘‘Modification of the San Juan Low Offshore duly constituted committee of the Sen- cuts and reductions in increases in pro- Airspace Area, PR; Docket No. 99–ASO–1 [11– ate.) vider reimbursement payments for var- 8/11–18]’’ (RIN2120–AA66) (1999–0366), received f ious Medicare services. While some of November 19, 1999; to the Committee on these cuts were mandated by the 1997 Commerce, Science, and Transportation. INTRODUCTION OF BILLS AND Balanced Budget Act, or ‘‘BBA,’’ which EC–7176. A communication from the Pro- JOINT RESOLUTIONS gram Analyst, Office of the Chief Counsel, laid the historic foundation for the bal- Federal Aviation Administration, Depart- The following bills and joint resolu- anced federal budget we enjoy today, ment of Transportation, transmitting, pur- tions were introduced, read the first many more of the cuts and the dra- suant to law, the report of a rule entitled time and second time by unanimous matic impact of some of the cuts came ‘‘Amendment of Class D Airspace; Jackson- consent, and referred as indicated: as a direct result of policies and prac- ville, NAS, FL; Docket No. 99–ASO–10 [1–1/1– By Mrs. HUTCHISON (for herself, Mr. tices of the Health Care Financing Ad- 10]’’ (RIN2120–AA66) (2000–0007), received Jan- ABRAHAM, and Ms. SNOWE): ministration. All told, Medicare pro- uary 10, 2000; to the Committee on Com- S. 2018. A bill to amend title XVIII of the merce, Science, and Transportation. viders faced an estimated $200 billion in Social Security Act to revise the update fac- reduced payments over the next five EC–7177. A communication from the Pro- tor used in making payments to PPS hos- gram Analyst, Office of the Chief Counsel, pitals under the medicare program; to the years, far in excess of the 1997 estimate Federal Aviation Administration, Depart- Committee on Finance. of $116 billion in savings. On top of ment of Transportation, transmitting, pur- By Mr. KYL: this, in 1999 the Clinton Administra- suant to law, the report of a rule entitled S. 2019. A bill for the relief of Malia Miller; tion proposed an additional $9 billion ‘‘Amendment of Class D Airspace; Jackson- to the Committee on the Judiciary. in cuts from the Medicare program, on ville Whitehouse NOLF, FL; Docket No. 99– By Mr. COCHRAN (for himself and Mr. top of the BBA savings. ASO–27 [1–10/1–10]’’ (RIN2120–AA66) (2000– LOTT): All of this began to spell disaster for 0006), received January 10, 2000; to the Com- S. 2020. A bill to adjust the boundary of the mittee on Commerce, Science, and Transpor- American hospitals, the backbone of Natchez Trace Parkway, Mississippi, and for our nation’s health care delivery sys- tation. other purposes; to the Committee on Energy EC–7178. A communication from the Pro- and Natural Resources. tem and those health care providers gram Analyst, Office of the Chief Counsel, By Mr. BROWNBACK (for himself, Mr. most heavily dependent on, and sen- Federal Aviation Administration, Depart- LEAHY, Mr. COCHRAN, Mr. JEFFORDS, sitive to, the Medicare system. Last ment of Transportation, transmitting, pur- Mr. HELMS, Mr. DURBIN, Mr. LUGAR, year, I and many of my colleagues in suant to law, the report of a rule entitled Mr. EDWARDS, Mr. VOINOVICH, Mr. Congress began to hear from hospital ‘‘Amendment of Class D Airspace; Eastover, MCCAIN, and Mrs. FEINSTEIN): administrators, trustees, and health SC; Docket No. 99–ASO–18 [12–14/12–16]’’ S. 2021. A bill to prohibit high school and (RIN2120–AA66) (1999–0399), received Decem- professionals that they were struggling college sports gambling in all States includ- to maintain their quality and variety ber 16, 1999; to the Committee on Commerce, ing States where such gambling was per- Science, and Transportation. mitted prior to 1991; to the Committee on of health services in the face of mount- EC–7179. A communication from the Pro- the Judiciary. ing budgetary pressures. With the gram Analyst, Office of the Chief Counsel, HCFA-imposed cuts they were seeing, f Federal Aviation Administration, Depart- many well-reputed and efficiently run ment of Transportation, transmitting, pur- SUBMISSION OF CONCURRENT AND hospitals even began for the first time suant to law, the report of a rule entitled SENATE RESOLUTIONS ‘‘Amendment of Class D Airspace; Elgin to run deficits and to project closure in AFB, FL; Docket No. 99–ASO–19 [12–14/12–16]’’ The following concurrent resolutions the next few years. (RIN2120–AA66) (1999–0398), received Decem- and Senate resolutions were read, and For many of these hospitals, particu- ber 16, 1999; to the Committee on Commerce, referred (or acted upon), as indicated: larly those in the rural areas of our na- Science, and Transportation. By Mr. ASHCROFT (for himself, Mr. tion, to close would mean not only the EC–7180. A communication from the Pro- BOND, Mr. FITZGERALD, and Mr. DUR- loss of life-saving medical services to gram Analyst, Office of the Chief Counsel, BIN): the residents of the area, but also the Federal Aviation Administration, Depart- S. Res. 250. A resolution recognizing the loss of one of the core components of ment of Transportation, transmitting, pur- outstanding achievement of the St. Louis the local community. Jobs would be suant to law, the report of a rule entitled Rams in winning Super Bowl XXXIV; consid- lost, businesses would wither, and the ‘‘Amendment of Class D Airspace; Jackson- ered and agreed to. ville, NAS Cecil Field , FL; Docket No. 99– sense of community and stability that ASO–20 [12–14/12–16]’’ (RIN2120–AA66) (1999– f a local hospital brings would suffer. 0007), received December 16, 1999; to the Com- STATEMENTS ON INTRODUCED The Balanced Budget Refinement Act mittee on Commerce, Science, and Transpor- BILLS AND JOINT RESOLUTIONS Congress passed last year made the sit- tation. uation a little brighter for a number of EC–7181. A communication from the Pro- By Mrs. HUTCHISON (for herself, these struggling hospitals. It eases the gram Analyst, Office of the Chief Counsel, Mr. ABRAHAM, and Ms. SNOWE): transition from cost-based reimburse- Federal Aviation Administration, Depart- S. 2018. A bill to amend title XVIII of ment to prospective payment for hos- ment of Transportation, transmitting, pur- the Social Security Act to revise the suant to law, the report of a rule entitled pital outpatient services, it restores update factor used in making payments some of the cuts to disproportionate ‘‘Amendment of Class D Airspace; Jackson- to PPS hospitals under the Medicare ville Whitehouse NOLF, FL; Docket No. 99– share (‘‘DiSh’’) payments, and it pro- ASO–27 [1–26/1–27]’’ (RIN2120–AA66) (2000– program; to the Committee on Fi- vides targeted relief for teaching hos- 0014), received January 27, 2000; to the Com- nance. pitals and cancer and rehabilitation mittee on Commerce, Science, and Transpor- THE AMERICAN HOSPITAL PRESERVATION ACT hospitals. tation. Mrs. HUTCHISON. Mr. President, I I was particularly pleased that the f rise today to introduce, along with my bill contained a portion of the legisla- distinguished colleague from Michigan, tion I introduced last year, an ex- EXECUTIVE REPORTS OF Mr. ABRAHAM, the American Hospital panded version of which I am intro- COMMITTEES Preservation Act. ducing today. While my bill proposed The following executive reports of This legislation builds upon legisla- restoring in-patient inflation adjust- committees were submitted: tion we introduced last year to pre- ments for all hospitals, the final legis- By Mr. GRAMM for the Committee on serve the ability of American hospitals lative package included such relief Banking, Housing, and Urban Affairs. to continue to provide the highest level only for fiscal year 2000 and only for

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S214 CONGRESSIONAL RECORD — SENATE February 1, 2000 designated ‘‘sole community provider’’ I think you can tell by the coalition Congress already determined that it hospitals. While this was a step in the of people putting in this bill we are in- is a federal issue with the passage of right direction, more must be done not troducing today that this is a bipar- Professional and Amateur Sports Pro- only to ensure survival among our na- tisan issue that crosses virtually all tection Act (PASPA) in 1992. In addi- tion’s hospitals, but also to ensure that ideological lines but is deeply con- tion, while Nevada is the only state they continue to be able to provide the cerned about the integrity of inter- where legal gambling on collegiate and highest level and quality of care that collegiate athletics and amateur Olympic sporting events occurs, Ne- they can to their patients. sports. What we are seeking to do by vada’s gaming regulations prohibit Hospitals continue to struggle to this bill is to make it clear that it is il- gambling on any of Nevada’s own meet the continued rise in personnel legal to wager on intercollegiate ath- teams because of the potential to jeop- costs, prescription drugs, and blood letics, to wager on the Olympics. ardize the integrity of those sporting supplies, just to name a few areas. And The High School and College Gam- events. this is coming at a time when hospitals bling Prohibition Act is in direct re- Let me give you the truth of the situ- are being doubly squeezed by the pres- sponse to recommendations made by ation. You can go to Nevada and you sures of flat or reduced government the National Gambling Impact Study cannot bet on UNLV in the basketball health care reimbursement rates and Commission (NGISC), which last year game. But you can bet on the Univer- the rapid growth of cost-conscious concluded a 2-year study on the impact sity of Kansas basketball team and managed care private insurance. of legalized gambling on our country. game. The reason the Nevada Legisla- The bill we are introducing today The recommendation called for a ban ture, I understand, took issue with bet- will make sure that hospitals are able on all legalized gambling on amateur ting on Nevada teams is by saying, to adjust to these changes by ensuring sports and is supported by the National well, it creates an unseemly situation that their Medicare payments for their Collegiate Athletic Association and the potential for abuse. If the po- in-patient services actually keep up (NCAA), which represents more than tential is there in Nevada, it is there with the rate of hospital inflation. It 1,000 colleges and universities nation- across the rest of the country. That is will restore the full 1.1 percent in wide. This bipartisan bill will prohibit what the NCAA is citing, and that is scheduled reductions from the annual all legalized gambling on high school why this is their top legislative issue. inflation updates for in-patient serv- and college sports, as well as the Sum- They are saying this is important be- ices called for by the BBA. Moreover, mer and Winter Olympic Games. cause it is starting to influence more rather than just applying to a small Gambling on college games and stu- and more sporting events and that we group of hospitals, this legislation dent athletes is not only inappropriate, are afraid that may happen in the fu- would benefit every hospital in Amer- it can be disastrous. There have been ture. ica, providing an estimated $6.9 billion more point-shaving scandals on our The NCAA used to be headquartered in additional Medicare payments over colleges and universities in the 1990’s in Kansas. Until recently, it was the next five years. than in every other decade before it headquartered in my State. Mr. President, I realize that this bill combined. We all consider ourselves to be advo- will require some budgetary offset, and There have been 10 such cases in the cates of state’s rights, but in our eyes that the overall goal of maintaining a 1990s. Those are the ones who were that means a state’s authority to de- solvent and strong Medicare system for caught. How many went on that we termine how best to govern within that our nation’s seniors is and will remain don’t know about? These scandals are a state’s own boundaries—not the au- the overriding goal. I look forward to result of an increasing amount of gam- thority to set laws that allow a state working with my colleagues on both bling that is taking place on amateur to impose its policies on every other sides of the aisle to ensure that this sports. We now have annually around state while exempting itself. Gambling bill meets that objective and fits with- $1 billion a year bet legally on amateur on college sports, both legal and ille- in our overall budget constraints. athletic games. That may sound like a But I believe that, as we enter a new gal, threatens the integrity of the lot, and it is. It is a lot to influence millennium and a new era of medical game—and that threat extends beyond those games, but for the overall gam- breakthroughs the likes of which we any one state’s border. This legislation will have minimal can only now dream about, we simply bling industry it is a small percentage. economic impact on the Nevada casino must continue to invest in the core in- It is less than a half of 1 percent. So to industry. The NCAA has reported that frastructure of our nation’s health de- the industry that is small. To amateur sports betting makes up less than 1% livery system—our hospitals. Doing so athletics it is big, and it is leading to will ensure the future health and lon- a burgeoning problem that we are hav- of the total revenue by casinos in Las gevity of all Americans. This bill will ing of point shaving cases amongst col- Vegas. The National Gambling Impact take a significant step in that direc- lege athletics. Study Commission Report recognized tion, and I urge my colleagues to co- The scandal also points to another that sports wagering does not ‘‘con- sponsor and support it. problem, and this gambling increase tribute to local economies or produce actually points to another problem. many jobs or create other economic By Mr. BROWNBACK (for him- A recent Gallup poll found that bet- sectors.’’ self, Mr. LEAHY, Mr. COCHRAN, ting on college sports was twice as This is not an economic issue. It is Mr. JEFFORDS, Mr. HELMS, Mr. prevalent among teenagers (18%) as not even a gambling issue. This is DURBIN, Mr. LUGAR, Mr. adults (9%). The American Academy of about the integrity of amateur ath- EDWARDS, Mr. VOINOVICH, Mr. Pediatrics estimates that there are letics. It is about the integrity of the MCCAIN, and Mrs. FEINSTEIN): more than a million compulsive teen- Olympics and whether or not there are S. 2021. A bill to prohibit high school age gamblers, whose first experience going to continue to be more and more and college sports gambling in all with gambling is on sports. The Na- of these point-shaving cases involved States including States where such tional Gambling Impact Study Com- because of the amount of money in- gambling was permitted prior to 1991; mission warned that sports gambling volved in the gambling and the ability to the Committee on the Judiciary. ‘‘can serve as gateway behavior for ad- to impact some of the athletes who are HIGH SCHOOL AND COLLEGE GAMBLING olescent gamblers, and can devastate involved. PROHIBITION ACT individuals and careers.’’ I want to make one other point too; Mr. BROWNBACK. Mr. President, Critics have claimed this is a State that is, we are not talking about office today I introduce a bill along with Sen- issue, not a Federal one. Certainly, I pools or ‘‘March Madness’’ and people ators LEAHY, COCHRAN, JEFFORDS, am listening to that debate and am a having an office pool that looks at the HELMS, DURBIN, LUGAR, EDWARDS, person who is a strong supporter of NCAA Final Four. Those activities we VOINOVICH, MCCAIN, and FEINSTEIN, States rights and believe strongly in are not talking about at all. They go which seeks to protect the integrity of devolution of authority from the Fed- on. But we are not addressing that high school and college sports and re- eral Government to the State govern- issue in this bill. What we are talking duce the unseemly influences that ment. But this argument just doesn’t about is the legalized sports betting gambling has on our student athletes. hold water. that takes place in casinos in Nevada

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S215 and how those large-scale bets impact and College Sports Gambling Prohibi- Las Vegas and offshore-generated point on intercollegiate athletics across this tion Act. The recent report of the Na- spreads—fuels a much larger amount of country. tional Gambling Impact Study Com- illegal sports wagering.’’ Many news- Senator LEAHY was on the floor ear- mission recommended this ban and the papers publish point spreads on college lier. And I, along with Senator DURBIN National Collegiate Athletic Associa- games because wagers can be legally and TIM ROEMER from the House of tion (NCAA) strongly supports it to placed on college sporting events given Representatives had a press conference protect the integrity of college sports the loophole in current law. Point earlier today with the NCAA. At that across the nation. I look forward to spreads do not contribute to the popu- press conference, we had the gentleman working with the Chairman of the Sen- larity of sport; they only contribute to who orchestrated the northwest foot- ate Judiciary Committee to pass our the popularity of sports gambling. ball point-shaving scheme problem bipartisan legislation this year. As a result of all of these findings, that they had during the decade of the Our bipartisan bill would close a the Commission recommended that 1990s. He said if it wasn’t for the ability loophole in the Professional and Ama- ‘‘the betting on collegiate and amateur to place the $20,000 legal bet in Nevada, teur Sports Protection Act of 1992. athletic events that is currently legal he wouldn’t have had the system in That law prohibits most sports betting be banned altogether.’’ I whole- place to be able to organize and put the on amateur events but continued to heartedly agree. Closing this loophole money out there to organize this grandfather some sports gambling ac- is one of the Commission’s clearest rec- scheme. He had a powerful statement tivity that our bill would now prohibit ommendations, and it is also a step of his personal contrition and how he in light of the recent recommendations that can find a clear consensus in Con- feels about having been a part of that. of the National Gambling Impact gress. He blames only himself. But he said Study Commission. In addition, our legislation outlaws the system was there—and the tempta- I believe our legislation is needed to betting on competitive games at the tion clearly is. We are trying to move ensure the integrity of college sports Summer or Winter Olympics. The collegiate athletics into a legal area. across the country. Sports betting puts Olympic tradition honors sport at its This nation’s college and university student athletes in vulnerable posi- purest level. We, in turn, should honor system is one of our greatest assets. tions and threatens their integrity and that proud tradition by cherishing the We offer the world the model for post- the integrity of college and Olympic integrity of the Olympics and prohib- secondary education. Gambling on the sports. It can devastate individuals and iting gambling schemes on the Sum- outcome of college sporting events tar- careers. In the past decade, college mer or Winter Games. There have been nishes the integrity of sports and di- sports has suffered too many gambling enough stories about corruption in con- minishes respect and regard for our scandals involving student athletes. nection with bidding on venues for colleges and universities. This bill re- For example, four football players at Olympic Games. We do not need a scan- moves the ambiguity that surrounds Northwestern University pled guilty to dal having to do with gamblers seeking gambling on college sports. It sends the perjury charges related to gambling on to influence the outcome of Olympic clear and unmistakable message that it their own games and, one player admit- events. If we act soon, we have the op- is illegal. We should not gamble with ted to intentionally fumbling near the portunity to put this into place before the integrity of our colleges, or the fu- goal line in a 1994 game against Iowa. the next Olympic games. ture of our college athletes. Our young Just last year, a California State Uni- During my time in the Senate, I have athletes deserve legal protection from versity at Fullerton student was always tried to protect the rights of the seedy influences of the gambling charged with point shaving after alleg- Vermont state and local legislators to industry, and fans deserve to know edly offering $1,000 to a player on the craft their laws free from interference that athletic competitions are honest school’s basketball team to shave from Washington. As a defender of and fair. This legislation ensures that points in a game against the Univer- states’ rights, I carefully considered it will be so. I welcome your support. sity of the Pacific. Other sports gam- the imposition of a total Federal ban I welcome anybody in this body and bling scandals have rocked the football on high school and college sports. After the House of Representatives to sup- programs at Boston College and the careful thought I have come to the con- port us in this effort. It is important. I University of Maryland, and the bas- clusion that this ban is appropriate. fear if we don’t pass something like ketball programs at Arizona State Uni- Congress has already established a na- this, you are going to see more and versity and Bryant College, in the tional policy against high school and more of these point-shaving scandals 1990s. college sports betting with passage of come about, as you see more and more Legal college sports betting under- the Professional and Amateur Sports athletes having the pressure they are mines college sports across the country Protection Act of 1992. Our bill closes a facing with the potential for dollars oc- and encourages gamblers to tempt col- loophole in that law. curring. lege students into gambling problems I want to make it clear that gam- In the decade of the 1990s—I want to and point-shaving schemes. A national bling on professional sports is also a se- repeat this one fact because I think it ban on college and high school sports rious matter, worthy of national atten- is so important—there were 10 illegal betting will send a strong message to tion. Congress recognized this fact ex- point-shaving cases the NCAA caught students that sports gambling and plicitly when it passed the Professional and prosecuted. Those were the ones point shaving schemes will not be tol- and Amateur Sports Protection Act of caught. During the decade of the 1980s, erated in this country, and it will help 1992 to arrest the growth of state spon- there were two; in the 1970s, one; and in prevent these ravages. sored sports gambling. By focusing our the prior fifties and forties, one each. In addition, the National Gambling legislation today on amateur sports So we had won, one, two in the 1980s, Impact Study Commission found in its gambling, we take a first step toward and then 10 in the 1990s that we know June 1999 report that sports wagering resolving a fundamental problem. In about. How many more were there? Or has serious social costs. Indeed, the hearings before the Senate Judiciary worse still, how many more will there Commission reported: ‘‘Sports wager- Committee, I am confident that the be in this decade of 2000 to 2010? Let’s ing threatens the integrity of sports, it companion subject of gambling on pro- stop that. Let’s send that clear mes- puts student athletes in a vulnerable fessional sports will be addressed. sage, that signal. Let’s help our stu- position, it can serve as gateway be- Mr. President, our bipartisan bill is dent athletes. Let’s protect the integ- havior for adolescent gamblers, and it supported by a broad coalition of orga- rity of the sport. can devastate individuals and careers.’’ nizations dedicated to excellence in I introduce this bill, and I welcome A national ban on amateur and college education and athletics. any cosponsors. sports betting may help prevent these Mr. President, I urge my colleagues Mr. LEAHY. Mr. President, I am ravages of sports wagering. to support the High School and College pleased to join the senior senator from The Commission concluded that legal Sports Gambling Prohibition Act and I Kansas today to introduce legislation sports betting spurs illegal gambling, urge its swift passage into law. to ban all betting on college and high finding ‘‘legal sports wagering—espe- I ask unanimous consent that a let- school sporting events, the High School cially the publication in the media of ter endorsing our legislation from more

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S216 CONGRESSIONAL RECORD — SENATE February 1, 2000 than 25 of these organizations be print- stantial gainful activity and the ex- the alleviation of symptoms relating to ed in the RECORD. empt amount permitted in determining ALS. There being no objection, the letter excess earnings under the earnings S. 1272 was ordered to be printed in the test. At the request of Mr. NICKLES, the RECORD, as follows: S. 344 names of the Senator from Indiana FEBRUARY 1, 2000. At the request of Mr. BOND, the name (Mr. LUGAR), the Senator from New Hon. SAM BROWNBACK, of the Senator from Arizona (Mr. KYL) York (Mr. MOYNIHAN), and the Senator Hon. PATRICK LEAHY, was added as a cosponsor of S. 344, a from Kentucky (Mr. BUNNING) were U.S. Senate, biil to amend the Internal Revenue added as cosponsors of S. 1272, a bill to Washington, DC. Code of 1986 to provide a safe harbor for amend the Controlled Substances Act DEAR SENATORS BROWNBACK AND LEAHY: determining that certain individuals to promote pain management and pal- The undersigned wish to express their full liative care without permitting as- endorsement for the legislation you have in- are not employees. troduced to eliminate all exceptions for le- S. 484 sisted suicide and euthanasia, and for other purposes. galized betting on high-school, college and At the request of Mr. CAMPBELL, the Olympic sports. We urge the U.S. Senate to name of the Senator from Connecticut S. 1396 pass this bill that will send a clear, no-non- (Mr. DODD) was added as a cosponsor of At the request of Mr. FITZGERALD, sense message that it is wrong to gamble on S. 484, a bill to provide for the granting the names of the Senator from Arkan- college students. of refugee status in the United States sas (Mr. HUTCHINSON), the Senator from The proposed legislation is especially im- Arkansas (Mrs. LINCOLN), the Senator portant to our community because it will: to nationals of certain foreign coun- Eliminate the use of Nevada sports books tries in which American Vietnam War from Mississippi (Mr. LOTT), and the for gain in point shaving scandals. POW/MIAs or American Korean War Senator from New York (Mr. SCHUMER) Eliminate the legitimacy of publishing POW/MIAs may be present, if those na- were added as cosponsors of S. 1396, a point spreads and advertising for sports tout tionals assist in the return to the bill to amend section 4532 of title 10, services. United States Code, to provide for the ‘‘Re-sensitize’’ young people and the gen- United States of those POW/MIAs alive. coverage and treatment of overhead eral public to the illegal nature of gambling costs of United States factories and ar- S. 708 on collegiate sports. senals when not making supplies for Reduce the numbers of people who are in- At the request of Mr. DEWINE, the the Army, and for other purposes. troduced to sports gambling. name of the Senator from Arkansas S. 1413 Eliminate conflicting messages as we com- (Mrs. LINCOLN) was added as a cospon- At the request of Mr. DURBIN, the bat illegal sports wagering that say it is sor of S. 708, a bill to improve the ad- okay to wager on college some places but not name of the Senator from Indiana (Mr. ministrative efficiency and effective- in others. BAYH) was added as a cosponsor of S. ness of the Nation’s abuse and neglect We stand ready to provide support as this 1413, a bill to amend the Internal Rev- bill progresses through the legislative proc- courts and the quality and availability enue Code of 1986 to increase the deduc- ess. of training for judges, attorneys, and tion from the estate tax for family- The National Collegiate Athletic Asso- volunteers working in such courts, and owned business interest. ciation; The American Council on Edu- for other purposes consistent with the S. 1472 cation; National Association of Inde- Adoption and Safe Families Act of 1997. pendent Colleges and Universities; At the request of Mr. SARBANES, the S. 717 American Association of State Colleges name of the Senator from Washington and Universities; Conference Commis- At the request of Ms. MIKULSKI, the (Mrs. MURRAY) was added as a cospon- sioners Association; National Associa- name of the Senator from Maine (Ms. sor of S. 1472, a bill to amend chapters tion of Collegiate Directors of Ath- COLLINS) was added as a cosponsor of S. 83 and 84 of title 5, United States Code, letics; National Association of Colle- 717, a bill to amend title II of the So- to modify employee contributions to giate Women Athletics Administrators; cial Security Act to provide that the American Football Coaches Associa- the Civil Service Retirement System reductions in social security benefits and the Federal Employees Retirement tion; National Association of Basket- which are required in the case of ball Coaches; American Federation of System to the percentages in effect be- Teachers; U.S. Olympic Committee; spouses and surviving spouses who are fore the statutory temporary increase National Federal of State High School also receiving certain Government pen- in calendar year 1999, and for other Associations; American Association of sions shall be equal to the amount by purposes. Universities; Divisions I, II and III Stu- which two-thirds of the total amount S. 1590 dent Athlete Advisory Councils; The of the combined monthly benefit (be- At the request of Mr. CRAPO, the National Football Foundation and Col- fore reduction) and monthly pension name of the Senator from New Mexico lege Hall of Fame. exceeds $1,200, adjusted for inflation. The Atlanta Tipoff Club Naismith (Mr. BINGAMAN) was added as a cospon- S. 1007 Awards; The American Association of sor of S. 1590, a bill to amend title 49, Collegiate Registrars and Admissions At the request of Mr. JEFFORDS, the United States Code, to modify the au- Officers; College Golf Foundation; Col- names of the Senator from Minnesota thority of the Surface Transportation lege Gymnastics Association; USA (Mr. WELLSTONE) and the Senator from Board, and for other purposes. Volleyball; National Field Hockey New Jersey (Mr. TORRICELLI) were S. 1619 Coaches Association; USA Track and added as cosponsors of S. 1007, a bill to At the request of Mr. DEWINE, the Field; Team Handball; National Soccer assist in the conservation of great apes names of the Senator from Oregon (Mr. Coaches Association of America; Amer- by supporting and providing financial ican Volleyball Coaches Association; WYDEN), the Senator from Minnesota American Association of Community resources for the conservation pro- (Mr. GRAMS), and the Senator from Col- Colleges; Golf Coaches Association of grams of countries within the range of orado (Mr. ALLARD) were added as co- America. great apes and projects of persons with sponsors of S. 1619, a bill to amend the f demonstrated expertise in the con- Trade Act of 1974 to provide for peri- servation of great apes. odic revision of retaliation lists or ADDITIONAL COSPONSORS S. 1074 other remedial action implemented S. 285 At the request of Mr. TORRICELLI, the under section 306 of such Act. At the request of Mr. MCCAIN, the names of the Senator from Maine (Ms. S. 1653 names of the Senator from New York SNOWE) and the Senator from Maine At the request of Mr. SMITH of New (Mr. SCHUMER) and the Senator from (Ms. COLLINS) were added as cosponsors Hampshire, his name was added as a Oregon (Mr. SMITH of Oregon) were of S. 1074, a bill to amend the Social cosponsor of S. 1653, a bill to reauthor- added as cosponsors of S. 285, a bill to Security Act to waive the 24-month ize and amend the National Fish and amend title II of the Social Security waiting period for medicare coverage of Wildlife Foundation Establishment Act to restore the link between the individuals with amyotrophic lateral Act. maximum amount of earnings by blind sclerosis (ALS), and to provide medi- S. 1716 individuals permitted without dem- care coverage of drugs and biologicals At the request of Mr. TORRICELLI, the onstrating ability to engage in sub- used for the treatment of ALS or for name of the Senator from Connecticut

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S217 (Mr. LIEBERMAN) was added as a co- Air Force CT–43A aircraft on April 3, on Foreign Relations should hold hear- sponsor of S. 1716, a bill to amend the 1996, near Dubrovnik, Croatia, carrying ings and the Senate should act on the Federal Insecticide, Fungicide, and Secretary of Commerce Ronald H. Convention on the Elimination of All Rodenticide Act to require local edu- Brown and 34 others. Forms of Discrimination Against cational agencies and schools to imple- S. 1984 Women (CEDAW). ment integrated pest management sys- At the request of Mr. LUGAR, the S. RES. 247 tems to minimize the use of pesticides names of the Senator from Minnesota At the request of Mr. CAMPBELL, the in schools and to provide parents, (Mr. GRAMS), the Senator from Ne- names of the Senator from Oklahoma guardians, and employees with notice braska (Mr. HAGEL), and the Senator (Mr. NICKLES) and the Senator from of the use of pesticides in schools, and from Illinois (Mr. FITZGERALD) were Nevada (Mr. BRYAN) were added as co- for other purposes. added as cosponsors of S. 1984, a bill to sponsors of S. Res. 247, a resolution S. 1822 establish in the Antitrust Division of commemorating and acknowledging At the request of Mr. MCCAIN, the the Department of Justice a position the dedication and sacrifice made by name of the Senator from Nevada (Mr. with responsibility for agricultural the men and women who have lost REID) was added as a cosponsor of S. antitrust matters. their lives while serving as law en- 1822, a bill to amend the Public Health S. 1995 forcement officers. Service Act, the Employee Retirement At the request of Mr. KOHL, the name f Income Security Act of 1974, and the of the Senator from South Dakota (Mr. SENATE RESOLUTION 250—RECOG- Internal Revenue Code of 1986 to re- DASCHLE) was added as a cosponsor of quire that group and individual health NIZING THE OUTSTANDING S. 1995, a bill to amend the National ACHIEVEMENT OF THE ST. LOUIS insurance coverage and group health School Lunch Act to revise the eligi- plans provide coverage for treatment of RAMS IN WINNING SUPER BOWL bility of private organizations under XXXIV a minor child’s congenital or develop- the child and adult care food program. Mr. ASHCROFT (for himself, Mr. BOND, mental deformity or disorder due to S. 2003 trauma, infection, tumor, or disease. Mr. FITZGERALD, and Mr. DURBIN) sub- At the request of Mr. JOHNSON, the S. 1874 mitted the following resolution; which names of the Senator from Kentucky was considered and agreed to: At the request of Mr. ROBB, his name (Mr. BUNNING), and the Senator from S. RES. 250 was added as a cosponsor of S. 1874, a North Dakota (Mr. DORGAN) were added bill to improve academic and social as cosponsors of S. 2003, a bill to re- Whereas, in 1995 the Los Angeles Rams re- located to St. Louis, Missouri and became outcomes for youth and reduce both ju- store health care coverage to retired venile crime and the risk that youth the St. Louis Rams; members of the uniformed services. Whereas, the arrival of the St. Louis Rams will become victims of crime by pro- S. 2004 ushered in a new era of unity in the St. Louis viding productive activities conducted At the request of Mrs. MURRAY, the community fortified by the enthusiasm and by law enforcement personnel during name of the Senator from New Jersey energy of the St. Louis Rams’ fans and the non-school hours. spirit and drive of the St. Louis Rams orga- (Mr. LAUTENBERG) was added as a co- S. 1921 nization; sponsor of S. 2004, a bill to amend title Whereas, the St. Louis Rams’ fans have in- At the request of Mr. CAMPBELL, the 49 of the United States Code to expand names of the Senator from Kentucky corporated the unifying spirit of the Rams State authority with respect to pipe- into the community, making the St. Louis (Mr. BUNNING), the Senator from North line safety, to establish new Federal re- area an even better place to live and work; Carolina (Mr. EDWARDS), the Senator quirements to improve pipeline safety, Whereas, the members of the St. Louis from Virginia (Mr. ROBB), the Senator to authorize appropriations under Rams’ team, including Kurt Warner, Mar- from Connecticut (Mr. DODD), and the chapter 601 of that title for fiscal years shall Faulk, and Isaac Bruce, exemplify the Senator from Virginia (Mr. WARNER) character, sportsmanship, and integrity— 2001 through 2005, and for other pur- both on and off the field—to which all Amer- were added as cosponsors of S. 1921, a poses. bill to authorize the placement within icans can aspire; S. 2005 Whereas, the St. Louis Rams’ rallying cry, the site of the Vietnam Veterans Me- ‘‘Gotta Go To Work,’’ embodies the great morial of a plaque to honor Vietnam At the request of Mr. BURNS, the names of the Senator from Georgia American work ethic, and symbolizes the veterans who died after their service in perseverance, dedication, talent and motiva- the Vietnam war, but as a direct result (Mr. COVERDELL), and the Senator from tion of the St. Louis Rams football team and of that service. Wyoming (Mr. ENZI) were added as co- the St. Louis community; sponsors of S. 2005, a bill to repeal the S. 1941 Whereas, in the 1999–2000 season, the St. modification of the installment meth- Louis Rams committed themselves to the At the request of Mr. DODD, the od. motto, ‘‘Gotta Go To Work,’’ and achieved names of the Senator from Maine (Ms. S.J. RES. 30 record accomplishments: COLLINS), the Senator from New York The Rams won the NFC West divisional (Mr. SCHUMER), the Senator from Mas- At the request of Mr. KENNEDY, the title with a 13–3 record; sachusetts (Mr. KERRY), the Senator name of the Senator from California The Rams posted an undefeated record at from Maryland (Mr. SARBANES), the (Mrs. BOXER) was added as a cosponsor home, winning all ten games in the Trans Senator from Illinois (Mr. DURBIN), and of S.J. Res. 30, a joint resolution pro- World Dome, the longest home winning posing an amendment to the Constitu- streak for the Rams since 1978; the Senator from Vermont (Mr. JEF- Rams’ quarterback Kurt Warner enjoyed FORDS) were added as cosponsors of S. tion of the United States relative to equal rights for women and men. one of the best seasons by a quarterback in 1941, a bill to amend the Federal Fire NFL history, becoming only the second play- Prevention and Control Act of 1974 to S. RES. 87 er to throw 40 or more touchdown passes in authorize the Director of the Federal At the request of Mr. DURBIN, the a season (41), recording the fifth-best passer Emergency Management Agency to name of the Senator from Indiana (Mr. rating in league history, completing a provide assistance to fire departments LUGAR) was added as a cosponsor of S. league-best 65 percent of his passes, modeling and fire prevention organizations for Res. 87, a resolution commemorating consistency with ten 300-yard games, and the 60th Anniversary of the Inter- setting a new Super Bowl record of 414 pass- the purpose of protecting the public ing yards; and firefighting personnel against fire national Visitors Program The Rams’ offense produced 526 points, the and fire-related hazards. S. RES. 237 third-highest single regular season total; S. 1957 At the request of Mrs. BOXER, the Rams’ quarterback Kurt Warner was At the request of Mr. SCHUMER, the names of the Senator from Wisconsin named the Miller Lite NFL Player of the name of the Senator from Louisiana (Mr. FEINGOLD), the Senator from Vir- Year, donating the $30,000 award to Camp Barnabas, a Missouri-based Christian sum- (Ms. LANDRIEU) was added as a cospon- ginia (Mr. ROBB), and the Senator from mer camp for disabled children, and became sor of S. 1957, a bill to provide for the Illinois (Mr. DURBIN) were added as co- only the sixth player to capture both the Na- payment of compensation to the fami- sponsors of S. Res. 237, a resolution ex- tional Football League’s Most Valuable lies of the Federal employees who were pressing the sense of the Senate that Player and the Super Bowl Most Valuable killed in the crash of a United States the United States Senate Committee Player in the same season;

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S218 CONGRESSIONAL RECORD — SENATE February 1, 2000 Rams’ running back Marshall Faulk, in the The purpose of this hearing is to re- The PRESIDING OFFICER. Without regular season, set an all-time record for ceive testimony on S. 1722, a bill to objection, it is so ordered. yards from scrimmage with 2,429, became the amend the Mineral Leasing Act to in- f second player in NFL history with 1,000 crease the maximum acreage of Fed- yards rushing and receiving in the same sea- PRIVILEGE OF THE FLOOR son, had the highest average yards per rush eral leases for sodium that may be held in the league and caught 87 passes, the by an entity in any 1 State, and for Mr. WELLSTONE. Mr. President, I fourth highest in the NFC; other purposes; and it’s companion bill ask unanimous consent that intern Rams’ wide receiver Isaac Bruce caught 77 H.R. 3063, a bill to amend the Mineral Livia Vedrasco be allowed privilege of passes for 1,165 yards and 12 touchdowns in Leasing Act to increase the maximum the floor today. the regular season and led the Rams in Super acreage of Federal leases for sodium The PRESIDING OFFICER. Without Bowl XXXIV with six receptions for 162 that may be held by an entity in any objection, it is so ordered. yards, including the winning 73-yard touch- one State, and for other purposes; and down in the fourth quarter; f Rams’ left corner back Todd Lyght led the S. 1950, a bill to amend the Mineral ADDITIONAL STATEMENTS Rams with a regular season career-high six Leasing Act of 1920 to ensure the or- interceptions, including one touchdown, and derly development of coal, coalbed has started in 97 straight games, the longest methane, natural gas, and oil in the RETIREMENT OF ELMER GATES current streak with the team; Powder River Basin, Wyoming and ∑ Mr. SANTORUM. Mr. President, I Rams’ linebacker Mike Jones had four Montana, and for other purposes. interceptions in the regular season, two of Those who wish to submit written rise today to recognize Elmer Gates as which he returned for touchdowns, and had statements should write to the Com- he retires from the Fuller Company of the game winning tackle on the last play of mittee on Energy and Natural Re- Bethlehem, Pennsylvania, where he Super Bowl XXXIV; served as Chairman, President, and Rams’ wide receiver Torry Holt set a Super sources, U.S. Senate, Washington, D.C. 20510. CEO. Mr. Gates joined the Fuller Com- Bowl rookie record with seven catches for 109 pany as President and Chief Operating yards in Super Bowl XXXIV, including a f nine-yard touchdown pass in the third quar- Officer in 1982 after a thirty-one year ter. AUTHORITY FOR COMMITTEES TO career with General Electric. His mis- Whereas, the St. Louis Rams Head Coach MEET sion was to restore Fuller Company to Dick Vermeil was named NFL’s coach of the COMMITTEE ON AGRICULTURE, NUTRITION, AND sustained profitability, and under his year, and is the oldest coach to win a Super FORESTRY leadership Fuller not only accom- Bowl; Mr. GRASSLEY. Mr. President, I ask plished this goal but became a world Whereas, the St. Louis Rams lead the unanimous consent that The Com- leader in the cement industry. During league with 6 players chosen to start in the his tenure at Fuller, Elmer Gates com- 2000 Pro Bowl; and, mittee on Agriculture, Nutrition, and Whereas, the St. Louis Rams won Super Forestry be authorized to meet during bined his spirit of entrepreneurship Bowl XXXIV, defeating the valiant Ten- The session of The Senate on Tuesday, with the discipline essential for long nessee Titans 23–16 in the most exciting fin- February 1, 2000 at 9:00 a.m., in SR–322, term business success. ish in Super Bowl history. Now, therefore, be to conduct a full committee hearing to Throughout his distinguished career, it review The authority of The grain in- Elmer Gates operated under a business Resolved, That the Senate spection, packers and stockyards ad- philosophy that put a strong emphasis (1) commends the unity, loyalty, commu- ministration (GIPSA). on the customer while maintaining a nity spirit, and enthusiasm of the St. Louis high level of quality. He firmly be- Rams fans; The PRESIDING OFFICER. Without (2) applauds the St. Louis Rams for their objection, it is so ordered. lieves that community involvement is commitment to high standards of character, COMMITTEE ON BANKING, HOUSING, AND URBAN crucial for businesses, and that a busi- perseverance, professionalism, excellence, AFFAIRS ness leader’s first responsibility to the sportsmanship and teamwork; Mr. GRASSLEY. Mr. President, I ask community is to run a profitable busi- (3) praises the St. Louis Rams’ players and unanimous consent that The Com- ness so that good jobs are available, organization for their commitment to the mittee on Banking, Housing, and which in turn will improve the commu- Greater St. Louis, MO community through Urban Affairs be authorized to meet nity. their many charitable activities; Mr. Gates’ career has been a model (4) congratulates both the St. Louis Rams during The session of The Senate on and Tennessee Titans for providing football Tuesday, February 1, 2000, to conduct a for aspiring community servants to fol- fans with a thrilling Super Bowl played in a markup on The renomination of Alan low. He currently serves as Director of sportsmanlike manner; Greenspan to be Chairman of The PP&L Resources, chairs their Finance (5) recognizes the achievements of all the Board of Governors of The Federal Re- Committee, and serves on their Cor- players, coaches, and support staff who were serve System, and concurrently a hear- porate Governance Committee. He also instrumental in helping the St. Louis Rams ing on ‘‘Loan Guarantees and Rural chairs the Boards of the Lehigh Valley win Super Bowl XXXIV; Television Service’’. Economic Development Corporation (6) commends the St. Louis Rams for their and SI Handling Systems, Inc., and was victory in Super Bowl XXXIV on January 30 The PRESIDING OFFICER. Without 2000; and objection, it is so ordered. the Founding Director of Ambassador (7) directs the Secretary of the Senate to COMMITTEE HEALTH, EDUCATION, LABOR, AND Bank of the Commonwealth. In addi- make available enrolled copies of this resolu- PENSIONS tion, Mr. Gates was a member of the tion to the St. Louis Rams’ owners, Georgia Mr. GRASSLEY. Mr. President, I ask U.S. Export-Import Bank Advisory Frontiere and Stan Kroenke, and to the St. unanimous consent that The Com- Committee, and was appointed by the Louis Rams’ Head Coach, Dick Vermeil. mittee on Health, Education, Labor, State legislature and the Governor to f and Pensions be authorized to meet for the IMPACT Commission and follow-up a hearing on ‘‘Medical Errors: Under- PRIME Council, to study and make NOTICE OF HEARING standing Adverse Drug Events’’ during recommendations for ways to reduce COMMITTEE ON ENERGY AND NATURAL The session of The Senate on Tuesday, the cost of government while improv- RESOURCES February 1, 2000, at 10:00 a.m. ing service levels. These are but a few Mr. CRAIG. Mr. President, I would The PRESIDING OFFICER. Without of the countless contributions Elmer like to announce for the public that a objection, it is so ordered. Sub- Gates has made, which have served not hearing has been scheduled before the committee on Technology, Terrorism only his immediate community, but Subcommittee on Forests and Public and Government Information also his State and Country. Land Management of the Senate Com- Mr. GRASSLEY. Mr. President, I ask Over his remarkable career, Elmer mittee on Energy and Natural Re- unanimous consent that The Com- Gates has received numerous awards sources. mittee on The Judiciary Subcommittee for his contributions, including the The hearing will take place on Tues- on Technology, Terrorism and Govern- Distinguished Citizen Award from the day, February 22, 2000 at 3:00 p.m., in ment Information be authorized to Minsi Trail Council of Boy Scouts of room SD–366 of the Dirksen Senate Of- meet to conduct a hearing on Tuesday, America, Americanism Awards from fice Building in Washington, D.C. February 1, 2000, at 10:00 a.m, in SD226. B’nai B’rith and the U.S. Marine Corps

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S219 League, and the Distinguished Commu- privilege to know—a remarkable man a fund-raiser to pay off some campaign nity Leadership Award from the Beth- and true gentleman who cared deeply debts. Orestis was Hathaway’s campaign lehem Chamber of Commerce. I would about the community he loved, and treasurer. like to join these organizations in rec- was a devoted leader of my church, All three men addressed the audience, and ‘‘George made a better speech than both of ognizing the tremendous contributions Holy Trinity Greek Orthodox Church of us,’’ Hathaway said Monday. of Elmer Gates, and wish him contin- Lewiston, Maine. He was one of those Orestis was a natural in front of an audi- ued success in all of his future endeav- rare individuals who could make you ence, smooth, charming, a skill he’d honed in ors.∑ feel a better person just for having met the 1930s as the leader of Rudy Vallee’s band, f him. Indeed, by always seeing the best the Fenton Brothers Orchestra. in people, he helped others to see the He loved to entertain. Just as much, IN CELEBRATION OF JACK best in themselves—and his compassion Orestis loved to stand up and tell people’s MCKEON DAY IN SOUTH AMBOY stories, to celebrate their accomplishments, for humankind has left an indelible ∑ to sing their praises. Mr. TORRICELLI. Mr. President, I mark on all those whose hearts he ‘‘He remembered everything about you,’’ rise today behalf of Jack McKeon, a touched. said George Simones, a lifelong friend. South Amboy native, who led the Cin- My memories of George go back to On Monday, it was Simones, Hathaway and cinnati Reds to within one game of the my earliest days, and they are fond others who were doing the talking, the re- 1999 National League Playoffs. It is a ones. He was a wonderful and dear membering, about a good man and a good pleasure for me to be able to recognize friend, whose generous spirit I will feel friend. his accomplishments. fortunate to carry with me throughout On Sunday, 10 days after his 86th birthday, During his 50 years in Major League Orestis died at Central Maine Medical Center my days. His loss is especially difficult in Lewiston. His funeral will be at 11 a.m. Baseball, Jack McKeon has been hon- for all of us in Maine’s Greek-American Wednesday at the Greek Orthodox Church of ored as both ‘‘National League Man- community—his kindness and spiritu- the Holy Trinity on Hogan Road in Lewiston; ager of the Year’’ and as ‘‘Major ality formed the heart and soul of our The Most Rev. Metropolitan Mothodies of League Manager of the Year.’’ In his 26 Church, and his devotion was the bed- Boston will preside. years of major league managing he has rock upon which Holy Trinity Church A son of Greek immigrants, Orestis took won nearly 700 games with the Kansas was quite literally built. great pride in his heritage and was ‘‘a back- City Royals, Oakland Athletics, San As the Church’s chanter for over two bone’’ of the local church, said its priest, Diego Padres, and Cincinnati Reds. In Harry Politis. Orestis led the fund drive to decades, he expressed his faith with build the church, and was its chanter for 27 addition, Jack McKeon has also served soaring eloquence and brought us all years. as General Manager, receiving the closer to God. His words reached out to ‘‘He was a great singer, even when he was ‘‘General Manager of the Year’’ award. us in a warm embrace, comforting us in losing his hearing. He never missed a note,’’ Before Jack began his distinguished our darkest days. George was always said George Simones, Jr., who sang in the career, he had already made an impact there for us, and today we know that choir Orestis directed. in New Jersey. As a member of the he is now in the company of angels, His service to the Orthodox church had no McKeon Boys Club, Jack played his bounds. He served on the executive councils dwelling forever in the glow of God’s of both the National Archdiocese and the first organized baseball and went on to eternal love. New England Archdiocese. Twice he was become an all-county catcher as a stu- George Bernard Shaw once said, awarded the Cross of St. Andrew. dent at St. Mary’s High School. ‘‘Life is no brief candle to me—it is The poor and handicapped knew his kind- Jack’s playing career spanned 10 like a splendid torch which I have hold ness. Orestis established the area’s first years in the minor leagues. During of for the moment, and I want it to Good Will store. As a Kiwanian, he led the that time he discovered his natural burn as brightly as possible before organization’s effort to help the mentally re- ability to lead. His first pro coaching handing it over to the next genera- tarded. assignment came at the young age of ‘‘George had a great respect for every tion.’’ For 86 years, George Orestis human being,’’ Politis said. ‘‘He was able to 24, in which he led his club to a 70–67 shined as brightly as any mortal being confront every situation. He had a very real- record. His later success as a rookie could, and his is a light that will never istic point of view.’’ manager of the Kansas City Royals in be diminished for any of us who knew ‘‘Whatever life dealt, he would say those 1973 brought the foundering team new and loved him. In particular, I know are the circumstances,’’ said Orestis’ neph- respect in the American League with a what a special and loving relationship ew, George. He was named for his uncle. 2nd place finish. His later managerial he and his wife Toni shared. My ‘‘That’s kind of a Greek expression,’’ he and executive positions led to greater said. ‘‘When things are not going so well, you thoughts and prayers continue to be sort of say, ‘Well, circumstances.’ and get on renown as he approached the 1999 sea- with Toni and her entire family—my with it.’’ son. The strong finish of the Cincinnati love is with them always. ‘‘He’d break into song, he’d tell jokes; he Reds earned Jack the respect of his With his values and beliefs—in the was very personable. I think what was re- peers and the national press which way he conducted his life—George was sponsible for all the affection others had for named his Manager or the Year. as close to God as one could ever hope him was he was so approachable,’’ his neph- So it gives me great pleasure to rec- to be. We will miss you, George, more ew said. ognize a leader of great stature in New than words have the power to convey. Born in Nashua, N.H., Orestis grew up in Lewiston and went to school there. Jersey. His tremendous accomplish- We were so very grateful to have you in Simmons remembers him as a leader even ments in baseball, as a player, man- our lives—now, you belong to God. then among the boys of the Greek neighbor- ager, and executive have made a sig- Mr. President, I request that the fol- hood. nificant contribution to the national lowing article from the Lewiston Sun Orestis attended Bates College, and studied pastime. I am pleased that one of New Journal regarding the life of George composing, conducting and arranging with Jersey’s native sons is now being hon- Orestis be printed in the RECORD. Rupert Neily of Portland. In 1929, he landed ored, and I hope my colleagues join me The article follows: the job leading the Fenton Brothers Orches- tra. It turned into a 12-year gig. At one in congratulating Jack on his success.∑ [From the Lewiston Sun Journal, Dec. 14, point, Simones said, the band made the top 1999] f 10 in the ‘‘Lucky Strike Parade.’’ LEADER OF THE BANK—FRIENDS RECALL ON PASSING OF GEORGE ORESTIS When America went to war, Orestis joined GEORGE ORESTIS AS ‘A BACKBONE’ the U.S. Army. Commissioned as a second ∑ Ms. SNOWE. Mr. President, I rise to (By Michael Gordon) lieutenant, he was assigned to the medical pay tribute to a remarkable man and AUBURN—George Orestis had a politician’s corps. cherished member of the community of love for the microphone—but he spoke much When the fighting was over, he came home, Lewiston-Auburn, Maine who sadly better. not to the sound of waltzes but of washing passed away in December at the age of William Hathaway acknowledges it. He re- machines. He ran the family’s laundry busi- 86. members the night three decades ago that ness, American Linen, from 1947 to 1961. Orestis outshined both him and Sen. Edward When I think of my uncle, I think of the When I learned of the passing of ‘‘Ted’’ Kennedy at the dais. four brothers in the laundry, how a small im- George Orestis, I was stricken by the Hathaway had recently been elected to the migrant family took a business and made it news. George was quite honestly one of U.S. House, and he brought the Democratic a big success. That’s the sort of thing Uncle the finest people I have ever had the senator from Massachusetts to Lewiston for George would do,’’ his nephew said. He said

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S220 CONGRESSIONAL RECORD — SENATE February 1, 2000 the family sold the company in the mid- My wife, Peatsy, and I salute all of dispute resolution, but also for the es- 1960s. Red’s accomplishments and his con- tablishment of trade policy here at In 1962, Orestis married Antoinette ‘‘Toni’’ tinuing service to Sullivan’s Island. We home. Indeed, the Clinton administra- Marois. They later became the owners of her wish him many peaceful days of fishing tion has been the principal advocate of family’s restaurant on Lisbon Street. On Monday night, Simmons held a Christ- and shrimping. He certainly deserves this. mas party there for his own employees. He them.∑ It is, therefore, surprising and dis- wanted to reschedule, out of respect for the f appointing that the administration Orestis family, but he said Toni Orestis in- seems reluctant to bring more open- sisted it be held. IN RECOGNITION OF CULLMAN ness and transparency into its own ‘‘She said, ‘George would always say, the COUNTY trade policy advisory committees. Spe- show must go on.’ And she’s right,’’ he said. ∑ Mr. SHELBY. Mr. President, I rise cifically, in the case of the administra- Now living in McLean, Va., Hathaway was today to recognize the work of the tion’s proposals to reduce or eliminate a lawyer in Lewiston when he met Orestis Cullman County Commission in around 1953. Hathaway lived on Webster Ave- tariffs on forest products (a goal that I nue and sent his laundry to American Linen. Cullman County, Alabama, for its posi- share), environmental groups have He and Orestis would meet for lunch. tive work in the community. I specifi- raised legitimate issues about the im- When the lawyer decided to run for Con- cally want to pay tribute to Mr. George pact on conservation. This should be gress, Orestis offered his help. Spear, the Commission Chairman, as part of our domestic debate. ‘‘I don’t think George was too much for an individual who exemplifies the posi- I understand that enhancing the role politics,’’ Simones recalled. Hathaway tive impact a public official can have of environmental and other groups in agreed. But he capitalized on his friend’s on a community. Through his direct ef- this advisory process raises some con- skill as an orator. He said Orestis could give forts, Mr. Spear has established the cerns at USTR and the Commerce De- a five-minute impromptu speech better than most people who prepared one. Orestis later Cullman 2000 Committee, a year-long partment. We don’t want to make the used that talent in helping his nephew, John, celebration bringing together both process inefficient, and we must con- get elected as the mayor of Lewiston. young and old in the area to honor the tinue to protect confidential informa- In 1975, Gov. James Longley, also a Lewis- county’s unique heritage and shared fu- tion. But, to my mind, we can increase ton native, appointed George Orestis as the ture. openness and transparency without first director of the Maine State Lottery. He Founded in 1873 by Col. John G. compromising efficiency or confiden- served for four years. Cullmann, the county’s roots are firm- tiality. Orestis never liked gambling, Simones ly entrenched in Alabama history. I call on the administration to recon- noted. Smiling, he said his friend ‘‘always Cullman County is well known for its wanted the sure thing. sider its policy and take the necessary To his many friends, Orestis was a sure industry, modern health care, and agri- measures to incorporate fully those thing. culture production, which ranks at the who are trying to express legitimate ‘‘Anything you wanted, he was there,’’ top of the state. The many events environmental concerns. Simones said. ‘‘There isn’t enough you could planned throughout the year are de- Finally, let me be clear. If the deci- do for George. He’s one in a million.’’∑ signed to celebrate the county’s his- sion by the Western District of Wash- f tory and successes and to give resi- ington is overturned on appeal, I will ON THE SERVICE OF RED WOOD dents a sense of pride in their commu- introduce legislation mandating the TO SULLIVAN’S ISLAND nity and the common bond they share appointment of representatives of the as members of the county. It will give environmental community to these ∑ Mr. HOLLINGS. Mr. President, I rise all residents of Cullman County a sense two advisory committees. today to recognize my friend William of their place in county history. At this critical time when concerns J. ‘‘Red’’ Wood who, since 1948, has I commend the Cullman County Com- over globalization threaten the con- been making Sullivan’s Island, SC a mission and particularly Mr. Spear for sensus for expanding global trade, we better place to live and work. He came his hard work and sense of civic pride. must increase public confidence in gov- to the island, married, bought a home Without the efforts of the Commission, ernment. That means more openness and raised six children, all the while the Cullman 2000 Committee would not and transparency, not less.∑ giving back to a community that he have been possible. As Cullman County f deeply loves. looks toward the future, it is reas- Red Wood’s decades of service to Sul- suring to know that the leaders of the RECOGNITION OF JOHN S. BROUSE livan’s Island make him one of the county are keeping in mind the impor- ∑ Mr. SANTORUM. Mr. President, I town’s most valuable resources. It is tance of the county’s colorful past.∑ rise today to recognize John S. Brouse, only fitting that the Moultrie News re- f who will receive the American Herit- cently recognized his achievements. age Award from the Anti-defamation Red has never hesitated to get in- APPOINTMENT OF ENVIRON- League on Thursday, February 3. Mr. volved. He joined the volunteer fire de- MENTAL REPRESENTATIVES TO Brouse, President and CEO of partment during his early years on the INDUSTRY SECTOR ADVISORY Highmark, Inc. will be honored for his island and helped to organize the Is- COMMITTEES professional accomplishments, concern land Club, which sponsored the local ∑ Mr. BAUCUS. Mr. President, I rise and commitment to his community. Boy Scout troop. Red also helped start today to express my deep disappoint- As President and CEO of Highmark, the island’s Little League program and ment at the administration’s decision Inc., John Brouse is responsible for the served on the township’s recreation to appeal the Federal District Court day-to-day business operations of a committee. decision that requires the appointment health insurance corporation that ex- He has served on the town council for of environmental representatives to ceeds $7.5 billion in annual revenues five terms and, during his first term, the advisory committees, the ISACs, and has more that 18 million customers held the building inspector’s post. In that advise the Commerce Department nationwide. Mr. Brouse was the archi- that capacity, he worked on several and USTR on trade policy with respect tect of Highmark’s national business significant projects including East to forest products. strategy for dental and vision pro- Cooper Hospital and the first hotel At the recent WTO meeting in Se- grams, and has had a tremendous im- built in Mount Pleasant, SC. He be- attle, President Clinton reminded all of pact on the success of the corporation. lieves his greatest civic achievement, us of the importance of making the Prior to becoming President of however, is having a hand in incor- trade policy process more open and Highmark, Mr. Brouse served as Senior porating Sullivan’s Island. transparent. I share the view that in- Vice President and Chief Operating Of- Red worked for over 30 years in the corporating environmental and labor ficer for Pennsylvania Blue Shield, engineering department of the Charles- concerns into our trade policy is a nec- where he was responsible for the ad- ton Naval Shipyard and has devoted his essary element in ensuring confidence ministration and overall operations of time to numerous commitments on in the global trading system. The need the organization. Sullivan’s Island, his wife Monica and for openness and transparency is not In addition to his successful career their children. only for international negotiations and achievements, John Brouse has always

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S221 maintained a commitment to serving portunity, sticking with it at every and revenues are consistent with the his community. Mr. Brouse serves on turn, persevering against odds that technical and economic assumptions of the Board of Directors of the Blue would sink a weaker man. It is great to the 2000 Concurrent Resolution on the Cross and Blue Shield Association, and see him at the top. Budget (H. Con. Res. 68). The budget is a member of the Association’s Exec- Iowa is proud of its native sons and resolution figures incorporate revisions utive Committee. He is also on the daughters. For the past several submitted to the Senate to reflect Boards of Inter-County Health Plan, months, Iowa has been in the public funding for emergency requirements, Inc. and Inter-County Hospitalization, eye because of the caucuses. And now disability reviews, adoption assistance, Inc., and is a member of the Board and that the Iowa caucuses are behind us, the earned income tax credit initiative, Executive Committee of Keystone Cen- Iowans are proud to share the spotlight and arrearages for international orga- tral. Mr. Brouse serves on numerous with homegrown heroes Kurt Warner nizations, peacekeeping, and multilat- and Adam Timmerman. I know we all other business, civic and cultural eral banks. boards including the Greater Pitts- wish Kurt and Adam good luck in this burgh Chamber of Commerce, the Sunday’s Pro Bowl in Honolulu.∑ The estimates show that current Western Pennsylvania Caring Founda- f level spending is above the budget reso- tion for Children, and the Advisory ELIAN GONZALEZ lution by $10.3 billion in budget author- Committee for the Caring Place. ∑ ity and below the budget resolution by Mr. LEVIN. Mr. President, there are $2.3 billion in outlays. Current level is Over his remarkable career, John few, if any, who haven’t been moved by $17.8 billion above the revenue floor in Brouse has shown in countless ways the triumphant story of Elian Gon- 2000. The current estimate of the def- that he is deserving of the Anti-defa- zalez, a brave young boy found clinging mation League’s American Heritage to a raft on Thanksgiving Day. Elian icit for purposes of calculating the Award. His dedication and leadership endured a harrowing journey from maximum deficit amount is $20.6 bil- have had an immeasurable impact on Cuba to Florida, after his mother was lion, which is $5.7 billion below the his community, from assuring quality lost at sea. maximum deficit amount for 2000 of health care coverage for millions of Now, Elian finds himself in the cen- $26.3 billion. Americans to participating in local ter of an international tug-of-war. Since my last report, dated Sep- community organizations. I would like Both sides are entrenched in an emo- tember 28, 1999, the Congress has passed to join the Anti-defamation League in tional debate, that centers more and the President has signed the fol- honoring John S. Brouse, a man who is around the Castro regime than it does lowing acts: Veterans, HUD and Inde- truly deserving of recognition.∑ around the young boy. pendent Agencies Appropriations Act, f No matter how hard it may be, for 2000 (P.L. 106–74), Agriculture and KURT WARNER OF THE ST. LOUIS Elian’s sake, politics must be taken Rural Development Appropriations RAMS out of the equation. The Immigration Act, 2000 (P.L. 106–78), Defense Appro- ∑ Mr. HARKIN. Mr. President, I rise to and Naturalization Service has made priations Act, 2000 (P.L. 106–79), its ruling, that Elian father’s has the pay tribute to the two Iowans who led Gramm-Leach-Bliley Act (P.L. 106–102), authority to speak for his son. His fa- the St. Louis Rams to victory in Sun- an Act Making Consolidated Appro- ther, Juan Gonzalez, has asked that ap- day’s Super Bowl. Quarterback Kurt priations for FY 2000 (P.L. 106–113), plications for admission and asylum for Warner, a native of Cedar Rapids, Iowa Veterans’ Millennium Health Care and and Offensive Lineman Adam Elian be withdrawn. Congress should not ignore the bond Benefits Act (P.L. 106–117), an act to Timmerman, a native of Cherokee, between father and child, and the re- convey property in Sisters, Oregon Iowa. It is a bittersweet irony that a sponsibility a father has for his son, re- (P.L. 106–144), an act to require the third Iowa native, injured Quarterback gardless of where they reside. Secretary of the Treasury to mint var- Trent Green, couldn’t play this season People with a legal interest in the ious commemorative coins (P.L. 106– and so Kurt Warner stepped in to the matter may test the INS order in 126), Foster Care Independence Act of position. Court. Congress should not undermine 1999 (P.L. 106–169), and Ticket to Work Nobody—I mean nobody—could have the Court proceedings, and in the proc- and Work Incentives Improvement Act predicted that Kurt Warner would be ess, possibly trample on the family val- holding the Super Bowl trophy under of 1999 (P.L. 106–170). These actions ues we so often claim to honor. have changed the current level of budg- the Georgia Dome last Sunday. Not Elian’s extended relatives in Miami Kurt Warner who was stocking the et authority, outlays, and revenues. filed their lawsuit in federal court to This is my first report for the second shelves of the Hy-Vee Market in Cedar block the child’s return, and any ac- Falls, Iowa a few years ago. Not Kurt session of the 106th Congress. tion by Congress to bypass the Court U.S. CONGRESS, Warner who was bypassed by the NFL on this matter is inappropriate. The draft out of college and went straight CONGRESSIONAL BUDGET OFFICE, Court will hopefully analyze the facts Washington, DC, January 28, 2000. to the Iowa Barnstormers and then the and decide Elian’s future based on his Hon. PETE V. DOMENICI, Amsterdam Admirals. And certainly interests, not heated debate or polit- Chairman, Committee on the Budget, not the Kurt Warner who warmed the ical rigidity. This is an issue that de- U.S. Senate, Washington, DC. bench at the University of Northern serves an appropriate forum, one away DEAR MR. CHAIRMAN: The enclosed report Iowa. from politics, where Elian’s future can for fiscal year 2000 shows the effects of Con- This is a true American success be based on the rules of law that this gressional action on the 2000 budget and is story. An Iowa boy comes from the country has held out to the world.∑ current through January 27, 2000. This report bench to Super Bowl 2000 where he sets f is submitted under section 308(b) and in aid a Super Bowl record for passing yards— of section 311 of the Congressional Budget 414 yards in all, topping Joe Montana’s BUDGET SCOREKEEPING REPORT Act, as amended. The estimates of budget 1989 Super Bowl record of 357 yards. It ∑ Mr. DOMENICI. Mr. President, I authority, outlays, and revenues are con- doesn’t get much better than that! hereby submit to the Senate the budg- sistent with the technical and economic as- And Kurt Warner had help from an- et scorekeeping report prepared by the sumptions of H. Con. Res. 68, the Concurrent other Iowa boy, Adam Timmerman, the Congressional Budget Office under Sec- Resolution on the Budget for Fiscal Year Rams offensive lineman, a native of tion 308(b) and in aid of Section 311 of 2000. The budget resolution figures incor- Cherokee, Iowa. Timmerman and the the Congressional Budget Act of 1974, porate revisions submitted to the Senate to reflect funding for emergency requirements, Rams offensive line held the Titans to as amended. This report meets the re- disability reviews, adoption assistance, the one sack in the entire game, allowing quirements for Senate scorekeeping of earned income tax credit initiative, and ar- Warner time to complete the passes Section 5 of S. Con. Res. 32, the First rearages for international organizations, that won him his Super Bowl record. Concurrent Resolution on the Budget peacekeeping, and multilateral banks. These You know, I am sure many of you for 1986. revisions are required by section 314 of the have heard me talk about the ladder of This report shows the effects of con- Congressional Budget Act, as amended. opportunity, about leaving the ladder gressional action on the budget Since my last report, dated October 6, 1999, down so others can climb up. Well, through January 27, 2000. The esti- the Congress has passed, and the President Kurt Warner built his own ladder of op- mates of budget authority, outlays, has signed the following acts: Veterans, HUD

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S222 CONGRESSIONAL RECORD — SENATE February 1, 2000 and Independent Agencies Appropriations TABLE 1.—FISCAL YEAR 2000 SENATE CURRENT LEVEL 2 Section 314 of the Congressional Budget Act of 1974, as amended, re- quires the deficit in the budget resolution to be changed to reflect increases Act, 2000 (P.L. 106–74), Agriculture and Rural REPORT, AS OF CLOSE OF BUSINESS, JANUARY 27, 2000 in outlays as the result of funding for specific actions (emergency require- Development Appropriations Act, 2000 (P.L. [In billions of dollars] ments, disability reviews, adoption assistance, the earned income tax credit 106–78), Defense Appropriations Act, 2000 initiative, and arrearages for international organizations, peacekeeping, and multilateral banks). Sec. 211 of the Concurrent Resolution on the Budget for (P.L. 106–79), Gramm-Leach-Bliley Act (P.L. Current Fiscal Year 2000 (H. Con. Res. 68) allows for a decrease in revenues by an Budget Current level over/ 106-102), an Act Making Consolidated Appro- 1 amount equal to the on-budget surplus on July 1, 1999, as estimated by resolution level under reso- CBO, but does not allow an equal adjustment to the deficit. Therefore, the priations for FY 2000 (P.L. 106–113), Veterans’ lution deficit number for the budget resolution shown above reflects only the outlay Millennium Health Care and Benefits Act increases made to the budget resolution between May 19, 1999, and Novem- ON-BUDGET (P.L. 106–117), an act to convey property in Budget Authority ...... 1,455.0 1,465.2 10.3 ber 1, 1999. 3 Less than $50 million. Sisters, Oregon (P.L. 106–144), an act to re- Outlays ...... 1,434.4 1,432.2 ¥2.3 Revenues: Source: Congressional Budget Office. quire the Secretary of the Treasury to mint 2000 ...... 1,393.7 1,411.5 17.8 2000–2009 ...... 16,139.1 16,914.0 774.9 various commemorative coins (P.L. 106–126), Deficit 2 ...... 26.3 20.6 ¥5.7 Foster Care Independence Act of 1999 (P.L. Debt Subject to Limit ...... 5,628.4 5,686.9 58.5 106–169), and Ticket to Work and Work Incen- OFF-BUDGET tives Improvement Act of 1999 (P.L. 106–170). Social Security Outlays: 2000 ...... 327.3 327.2 3 These actions have changed the current lev- 2000–2009 ...... 3,866.9 3,866.6 ¥0.3 els of budget authority, cutlays, and reve- Social Security Revenues: 2000 ...... 468.0 467.8 ¥0.2 nues. This is my first report for the second 2000–2009 ...... 5,681.9 5,681.8 ¥0.1 session of the 106th Congress. 1 Current level is the estimated revenue and direct spending effects of all Sincerely, legislation that the Congress has enacted or sent to the President for his BARRY B. ANDERSON approval. In addition, full-year funding estimates under current law are in- (For Dan L. Crippen, Director). cluded for entitlement and mandatory programs requiring annual appropria- tions even if the appropriations have not been made. The current level of Enclosures. debt subject to limit reflects the latest information from the U.S. Treasury. TABLE 2.—SUPPORTING DETAIL FOR THE FISCAL YEAR 2000 ON-BUDGET SENATE CURRENT LEVEL REPORT, AS OF CLOSE OF BUSINESS, JANUARY 27, 2000 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions: Revenues ...... 1,408,082 Permanents and other spending legislation ...... 874,007 ...... Appropriation legislation ...... 247,166 ...... Offsetting receipts ...... ¥295,703 ¥295,703 ...... Total, enacted in previous sessions ...... 616,573 825,470 1,408,082

Enacted this session: Signed into law: 1999 Education Flexibility Partnership Act (P.L. 106–25) ...... 32 ...... 1999 Miscellaneous Trade and Technical Corrections Act (P.L. 106–36) ...... ¥2 ¥19 Water Resources Development Act (P.L. 106–53) ...... ¥19 ¥19 ...... National Defense Authorization Act, 2000 (P.L. 106–65) ...... ¥97 ¥97 ...... Gramm-Leach-Bliley Act (P.L. 106–102) ...... ¥35 ¥31 1 Veterans’ Millennium Health Care and Benefits Act (P.L. 106–117) ...... 61 ¥4 ...... An act to require the Secretary of the Treasury to mint various coins (P.L. 106–126) ...... ¥1 ¥1 ...... An act to convey property in Sisters, Oregon (P.L. 106–144) ...... 1 1 ...... Foster Care Independence Act of 1999 (P.L. 106–169) ...... 39 ¥22 ...... Emergency Supplemental Appropriations Act, 1999 (P.L. 103–31) ...... 1,955 7,360 ...... Emergency Steel Loan and Emergency Oil and Gas Guaranteed Loan Act (P.L. 106–51) ...... 19 ...... Agriculture and Rural Development Appropriations Act, 2000 (P.L. 106–78) ...... 68,641 48,539 ...... Defense Appropriations Act, 2000 (P.L. 106–79) ...... 265,366 176,618 13 Military Construction Appropriations Act, 2000 (P.L. 106–52) ...... 8,374 2,459 ...... Legislative Branch Appropriations Act, 2000 (P.L. 106–57) ...... 2,457 2,111 ...... Treasury and General Government Appropriations Act, 2000 (P.L. 106–58) ...... 27,929 24,970 ...... Energy and Water Appropriations Act, 2000 (P.L. 106–60) ...... 21,280 13,297 ...... Transportation Appropriations Act, 2000 (P.L. 106–69) ...... 14,369 17,883 ...... Veterans, HUD and Independent Agencies Appropriations Act, 2000 (P.L. 106–74) ...... 95,850 55,861 ...... An Act Making Consolidated Appropriations for FY 2000 (P.L. 106–113) 1 ...... 334,111 251,109 3,330 Ticket to Work and Work Incentives Improvement Act (P.L. 106–170) ...... 18 18 116 Total, enacted this session ...... 840,299 600,101 3,441 Entitlements and mandatories: Adjustments to appropriated mandatories to reflect baseline estimates ...... 8,362 6,580 ......

Total Current Level ...... 1,465,234 1,432,151 1,411,523 Total Budget Resolution ...... 1,454,952 1,434,420 1,393,684 Current Level Over Budget Resolution ...... 10,282 ...... 17,839 Current Level Under Budget Resolution ...... 2,269 ...... Memorandum: Emergency designations ...... 31,309 27,279 ...... 1 Public Law 106–113 provides funding for five regular appropriation bills: District of Columbia; Commerce, Justice, State; Foreign Operations; Interior; and Labor, HHS, Education. This act also incorporates by reference a miscellaneous appropriations bill and two bills that affect direct spending. Source: Congressional Budget Office. P.L. = public law; HHS = Health and Human Services; HUD = Housing and Urban Development.•

REMOVAL OF INJUNCTION OF SE- The PRESIDING OFFICER. Without cluding terrorism and drug-trafficking CRECY—TREATY DOCUMENT NO. objection, it is so ordered. offenses. The Treaty is self-executing. 106–18 The message of the President is as The Treaty provides for a broad follows: Mr. MURKOWSKI. Mr. President, as range of cooperation in criminal mat- To the Senate of the United States: in executive session, I ask unanimous ters. Mutual assistance available under With a view to receiving the advice consent that the injunction of secrecy the Treaty includes taking testimony be removed from the following treaty and consent of the Senate to ratifica- or statements of persons; providing transmitted to the Senate on February tion, I transmit herewith the Treaty 1, 2000, by the President of the United Between the Government of the United documents, records, and other items; States: States of America and the Government locating and identifying persons or Treaty with the Hellenic Republic on of the Hellenic Republic on Mutual items; serving documents; transferring Mutual Legal Assistance in Criminal Legal Assistance in Criminal Matters, persons in custody for testimony or Matters (Treaty Document No. 106–18). signed at Washington on May 26, 1999. other purposes; executing requests for I further ask that the treaty be con- The Treaty is one of a series of mod- searches and seizures; assisting in pro- sidered as having been read the first ern mutual legal assistance treaties ceedings relating to immobilization time; that it be referred, with accom- being negotiated by the United States and forfeiture of assets, restitution, panying papers, to the Committee on in order to counter criminal activities and collection of fines; and any other Foreign Relations and ordered to be more effectively. The Treaty should be printed; and that the President’s mes- an effective tool to assist in the pros- form of assistance not prohibited by sage be printed in the RECORD. ecution of a wide variety of crimes, in- the laws of the Requested State.

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — SENATE S223 I recommend that the Senate give the nomination of Alan Greenspan to JOHN R. LAKE, 0000 KEVIN A. POLLARD, 0000 HOBSON E. LEBLANC, 0000 MARK A. PRESSON, 0000 early and favorable consideration to continue as chairman of the Federal JAMES R. LITTLE, 0000 ROBERT G. QUINN, 0000 the Treaty and give its advice and con- Reserve. * JUDITH A. LOMBEIDA, 0000 KENNETH G. REINERT, 0000 DAVID J. LOUIS, 0000 ROLLAND C. REYNOLDS, sent to ratification. PETER B. MAPES, 0000 0000 f WILLIAM J. CLINTON. ABUBAKR A. MARZOUK, 0000 * JOSE E. MARGARET B. MATARESE, RODRIGUEZVAZQUEZ, 0000 THE WHITE HOUSE, February 1, 2000. ADJOURNMENT UNTIL 9:30 A.M. 0000 ROBERT M. SAAD, 0000 MARK F. MATHEWS, 0000 VICTOR P. SALAMANCA, 0000 f TOMORROW PATRICK A. MATTIE, 0000 FREDERICK L. SCHAEFER, JOHN C. MC CAFFERTY, 0000 0000 UNANIMOUS CONSENT Mr. MURKOWSKI. Mr. President, if * GREGORY P. MELCHER,0000 JAMES W. SCHUMACHER, there is no further business to come be- BENNY C. MERKEL, 0000 0000 AGREEMENT—EXECUTIVE SESSION JEFFREY L. MIKUTIS, 0000 JOE D. SPARKS, 0000 fore the Senate, I now ask unanimous WILLIAM J. MITCHELL, 0000 MICHAEL W. SPATZ, 0000 Mr. MURKOWSKI. Mr. President, as consent that the Senate stand in ad- ANDREW R. MONTEIRO, 0000 DAVID A. STANCZYK, 0000 in executive session, I ask unanimous MARYANN MORREALE, 0000 WILLIAM C. STENTZ, 0000 journment under the previous order. SEAN L. MURPHY, 0000 DONALD E. TAYLOR, 0000 consent that immediately following There being no objection, the Senate, RONALD G. NELSON, 0000 * JEFFREY M. THOMPSON, the completion of the bankruptcy bill KAY L. NESS, 0000 0000 at 6:14 p.m., adjourned until Wednes- JAY C. NEUBAUER, 0000 ROBERT F. TODARO, 0000 and notwithstanding rule XXII, the day, February 2, 2000, at 9:30 a.m. DANNY W. NICHOLLS, 0000 RUSSELL A. TURNER, 0000 Senate proceed to executive session FRANCESCO R. OLIVITO, SCOTT W. 0000 VANVALKENBURG, 0000 and the consideration of the nomina- f PAUL A. ONNINK, 0000 ANN M. VRTIS, 0000 tion of Alan Greenspan. I further ask KEVIN P. N. OSHEA, 0000 NANCY A. WAITE, 0000 NOMINATIONS CARROLL A. PALMORE, 0000 DOUGLAS J. WASSON, 0000 unanimous consent that there then be LEE E. PAYNE, 0000 STEVEN J. WHITNEY, 0000 the following debate time, to be di- Executive nominations received by ALAN L. PEET, 0000 ROBERT A. WILLIAMSON, the Senate February 1, 2000: ROBERT PERSONS, 0000 0000 vided as follows: JAMES PETTEY, 0000 DAVID E. WOMACK, 0000 Senator LEAHY, 20 minutes; Senator DEPARTMENT OF STATE To be lieutenant colonel DORGAN, 30 minutes; Senator HARKIN, ROSS L. WILSON, OF MARYLAND, A CAREER MEMBER 60 minutes; Senator WELLSTONE, 60 OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- * ROBERT M. ABBOTT, 0000 *TIMOTHY J. LACY, 0000 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND RONALD A. ABBOTT, 0000 *KI HYEOK LEE, 0000 minutes; Senator REID, 30 minutes; the PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA * JOHN L. ANDRESHAK, 0000 JOHN G. LEVASSEUR, 0000 chairman and ranking member, 90 min- TO THE REPUBLIC OF AZERBAIJAN. * KATHLEEN M. ANKERS, VIKI T. LIN, 0000 NATIONAL FOUNDATION ON THE ARTS AND THE 0000 *STEVEN J. LIPSCOMB, 0000 utes equally divided. DAVID A. ARRIGHI, 0000 *DAVID S. LOUDER, 0000 I further ask unanimous consent that HUMANITIES * STEPHEN S. BAKER, 0000 MICHAEL D. MANN, 0000 *THOMAS O. MARKEL, 0000 NATHAN O. HATCH, OF INDIANA, TO BE A MEMBER OF * WOODY C. BAKER, 0000 following the use or yielding back of *MICHAEL J. MAYERCHAK, THE NATIONAL COUNCIL ON THE HUMANITIES FOR A THOMAS S. BINGHAM, 0000 0000 time, the Senate proceed to a vote on TERM EXPIRING JANUARY 26, 2006, VICE JOHN HAUGHTON DAVID P. BLAKE, 0000 *KENNETH P. MC DONNELL, D’ARMS, RESIGNED. * RICHARD E. BRANSDORF, the confirmation of the nomination at 0000 0000 a time to be determined by the two IN THE COAST GUARD * THOMAS M. BROWN, 0000 KRISTA L. MC FARREN, 0000 * LESLIE R. BRYANT, 0000 *ROBERTA M. MELTON, 0000 leaders. I finally ask unanimous con- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT * DANIEL G. BURNETT, 0000 *ROBYN R. MILLER, 0000 sent that following the vote, the Presi- AS COMMANDER, PACIFIC AREA, UNITED STATES COAST MARK S. CAMPBELL, 0000 *RONALD J. MORRELL, 0000 GUARD, AND TO THE GRADE INDICATED UNDER TITLE 14, * CRAIG Y. CASTILLO, 0000 MICHAEL R. MURCHLAND, U.S.C., SECTION 50: dent be notified of the Senate’s action, RICHARD D. CESPEDES, 0000 0000 and the Senate then resume legislative To be vice admiral * ROBERT G. CHANDLER, *KEVIN J. MURPHY, 0000 0000 *DIANE C. NAPOLI, 0000 session. REAR ADM. ERNEST R. RIUTTA, 0000 WILBERT E. CHARLES, 0000 *JARED W. NELSON, 0000 * DAVID B. CHIESA, 0000 *SCOTT B. NORRIS, 0000 The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT * CHARLES R. CLINCH, 0000 *JOSEPH E. NOVAK, 0000 AS VICE COMMANDANT, UNITED STATES COAST GUARD, objection, it is so ordered. * JOHN M. COCUZZI, 0000 *SANDRA S. OSSWALD, 0000 AND TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., * LEONARD G. COINER, 0000 RANDALL A. OW, 0000 SECTION 47: f * JULIE M. COLLINS, 0000 CRAIG S. PACKARD, 0000 To be vice admiral JAN C. COLTON, 0000 *RONALD W. PAULDINE, 0000 ORDERS FOR WEDNESDAY, JOHN J. DEGOES, 0000 *DE TAGLE SUSAN M. VICE ADM. THOMAS H. COLLINS, 0000 * ROBERT I. DELO, 0000 PEREZ, 0000 FEBRUARY 2, 2000 *GERALD E. PETERS, 0000 * PAUL D. DEVEAU, 0000 IN THE AIR FORCE GORDON C. PETERS, 0000 ROBERT J. DIGERONIMO, Mr. MURKOWSKI. Mr. President, I *DAVID H. PFOTENHAUER, THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 0000 0000 ask unanimous consent that when the STATES OFFICER FOR APPOINTMENT IN THE RESERVE PAUL S. DOAN, 0000 *MICHAEL S. PHILLIPS, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER * GINA R. DORLAC, 0000 Senate completes its business today, it *KRISTINA H. PHILPOTT, TITLE 10, U.S.C., SECTION 12203: WARREN C. DORLAC, 0000 0000 adjourn until the hour of 9:30 a.m. on * MARY D. DVORAK, 0000 *GARY M. PIORKOWSKI, 0000 To be brigadier general KATHLEEN B. ELMER, 0000 Wednesday, February 2. I further ask *THOMAS W. POLLARD, 0000 * DREW W. FALLIS, 0000 COL. WILLIAM N. SEARCY, 0000 *DAVID B. POWERS, 0000 unanimous consent that on Wednesday, * MICHAEL FERGUSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID W. RIRIE, 0000 * PAUL M. FORTUNATO, 0000 immediately following the prayer, the AS A PERMANENT PROFESSOR, UNITED STATES AIR *EUGENIO RIVERA, 0000 DAIN N. FRANKS, 0000 FORCE ACADEMY, UNDER TITLE 10, U.S.C., SECTION TIMOTHY D. ROBINETTE, Journal of the proceedings be approved SPENCER J. FRINK, 0000 9333(B): 0000 to date, the morning hour be deemed to EMILY M. GARSCADDEN, *JEFFREY S. SCHACK, 0000 have expired, the time for the two lead- To be colonel 0000 CHRISTINE M. SCHAFER, * JAMES W. GASQUE, 0000 0000 MARK K. WELLS, 0000 ers be reserved for their use later in * MARC V. GOLDHAGEN, 0000 *MARTHA P. SCHATZ, 0000 * SCOTT L. GOLDSTEIN, 0000 the day, and the Senate then resume THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT *MICHAEL D. SIGNORELLI, TERESA D. GOODPASTER, TO THE GRADES INDICATED IN THE UNITED STATES AIR 0000 0000 debate on S. 625, the bankruptcy re- FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED GALE J. SKOUSEN, 0000 * DWIGHT E. GURLEY, 0000 form bill, and Senator SCHUMER be rec- BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS *DAVID M. SMITH, 0000 * DANIEL HABERMAN, 0000 624 AND 531: *ROY E. SMITH, 0000 ognized to call up his two remaining * JENNIFER A. HARTE, 0000 *JOHN B. STEA, 0000 amendments. To be colonel * TERRY L. HASKE, 0000 ERIC B. STONE, 0000 * PAUL H. HAYASHI, 0000 *JOHN A. SUNDELL, 0000 WILLIAM P. ABRAHAM, 0000 MALCOLM M. DEJNOZKA, The PRESIDING OFFICER. Without * BRIAN P. HAYES, 0000 *JEFFREY S. THOMPSON, MICHAEL J. AINSCOUGH, 0000 * DAVID J. HEICHEL, 0000 0000 objection, it is so ordered. 0000 ROBERT L. DITCH, 0000 * JAMES H. HENICK, 0000 *WILLIAM E. VENANZI, 0000 CARL M. ALLEY, 0000 DANIEL J. DONOVAN, 0000 * LINWOOD J. HENRY, 0000 JOSE VILLALOBOS, 0000 f KATHRYN M. AMACHER, 0000 * JOHN R. DOWNS, 0000 STEPHEN W. HIGGINS, 0000 *RODNEY M. WAITE, 0000 DOUGLAS J. AMMON, 0000 LOUIS D. ELDREDGE, 0000 *DONALD R. HOAGLIN, 0000 *LISA J. WAIZENEGGER, 0000 PROGRAM DAVID P. ARMSTRONG, 0000 * JOHN E. EVERETT, 0000 *HARRY HOLIDAY, 0000 *JAMES F. WALROTH, 0000 JEFFERY W. ARMSTRONG, BRYAN J. FUNKE, 0000 *HELEN M. HOOTSMANS, *KAREN L. Mr. MURKOWSKI. Mr. President, for 0000 DENNIS C. FUREY, 0000 0000 WATSONRAMIREZ, 0000 ANTHONY H. ARNOLD, 0000 GARY L. GEORGE, 0000 the information of all Senators, the *BRYAN N. HOUSE, 0000 MARK E. WERNER, 0000 WENDALL C. BAUMAN, 0000 WILLIAM J. GRAY, 0000 DARRYL C. HUNTER, 0000 *DEAN H. WHITMAN, 0000 Senate will resume consideration of MARCUS P. BEYERLE, 0000 * TIMOTHY K. GUTHRIE, 0000 *TIMOTHY A. HURSH, 0000 *GERALD V. WIEST, 0000 DAVID L. BROWN, 0000 * JAMES C. HAAK, 0000 the bankruptcy reform bill at 9:30 a.m. *MARK D. IAFRATI, 0000 *JOHN M. WIGHTMAN, 0000 * JOHN B. BUDINGER, 0000 FRED M. HANNAN, 0000 *KENNETH K. KNIGHT, 0000 *DAVID A. WILLIAMS, 0000 tomorrow. There are several amend- STEPHEN M. BURNS, 0000 KAREN L. HARTER, 0000 MARK A. KOENIGER, 0000 *ROBERT B. WORTHINGTON, JAMES L. BYERS, 0000 BETH HASELHORST, 0000 ments remaining, and these amend- EDWARD R. KOST, 0000 0000 * BYRON C. CALHOUN, 0000 ARNE HASSELQUIST, 0000 *JOSEPH S. KROBOCK, 0000 *ERIC G. YOUNG, 0000 ments will be debated throughout the STEVEN L. CARDENAS, 0000 WILFRID J. HILL, 0000 morning. All votes, including final pas- ROBERT E. CARROLL, 0000 GLORIA J. HOBAN, 0000 * STEPHEN F. W. CAVANAH, SUSAN L. HUFSMITH, 0000 To Be Major sage of the bankruptcy legislation, will 0000 JAMES S. ICE, 0000 ANTHONY J. ABENE, 0000 ROBERT J. ANDERSON, 0000 be stacked and are expected to occur at PETER J. CHENAILLE, 0000 WALTER J. JAMES, 0000 JAVIER A. ABREU, 0000 THOMAS T. ANDREW, 0000 MATTHEW COATSWORTH, KAREN E. JONES, 0000 MICHAEL J. ACHINGER, 0000 SCOTT K. ANDREWS, 0000 approximately 12 noon. After disposi- 0000 ROBERT P. KADLEC, 0000 PATRICK J. AHRENS, 0000 LLOYD H. ANSETH, 0000 tion of the bankruptcy bill, the Senate KORY G. CORNUM, 0000 DAVID N. KENAGY, 0000 BRADLEY W. ANDERSON, LENA M. ARVIDSON, 0000 STEVE R. CURTIS, 0000 * JAMES E. KING, 0000 0000 BONNIE C. ARZE, 0000 is expected to begin consideration of DAVID E. DEAS, 0000 * KID KUSS, 0000

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GARTH A. ASHBECK, 0000 DENISE WRIGHT FRANCOIS, DEBORAH S. LOMAKOSKI, STEVEN E. RASMUSSEN, ANITA JO ANNE WINKLER, MICHAEL J. WOOD, 0000 ERIC J. ASHMAN, 0000 0000 0000 0000 0000 RAWSON L. WOOD, 0000 JEFFREY E. ASKEW, 0000 LAUREN B. FRANKLIN, 0000 LARRY K. LONG, 0000 JON D. RAWLING, 0000 JERALD L. WINTER, 0000 SAMUEL K. WOOD, 0000 DAVID E. BACHOFER, 0000 JEFFREY J. FREELAND, 0000 ANN LOPES, 0000 LINDA M. REICHLER, 0000 LINDY W. WINTER, 0000 TIMOTHY G. WOODS, 0000 JOSEPH C. BAER, 0000 CARL A. FREEMAN, 0000 JAMES D. LOWE, 0000 CHARLES D. REILLY, 0000 MARY H. WITT, 0000 DARWIN B. WOOTEN, 0000 MATT A. BAPTISTA, 0000 DOUGLAS J. FREEMAN, 0000 DERON J. LUDWIG, 0000 XIAO LI REN, 0000 STEPHEN D. WITZKE, 0000 KEITH R. WORKMAN, 0000 PHILIP R. BARONE, 0000 KRISTEN A. FULTSGANEY, ANDREA L. LUNDELL, 0000 BRIAN S. RETHERFORD, 0000 RANDY W. WOBSER, 0000 DAE YOUNG YANG, 0000 DEBORAH L. 0000 JAMES J. LYONS, 0000 MARK S. REYNOLDS, 0000 LAURA ANN WOLFF, 0000 SCOTT TZU CHING YANG, BARUCHBIENEN, 0000 THOMAS J. GAL, 0000 KAI WOOD MA, 0000 SCOTT A. RIISE, 0000 MATTHEW P. WONNACOTT, 0000 KIMBERLY C. BAY, 0000 STEPHEN M. GALVIN, 0000 DANIEL M. MAC ALPINE, STUART O. RIMES, 0000 0000 JEFFREY L. YEE, 0000 BRADY N. BENHAM, 0000 FANG YUN GAN, 0000 0000 MATTHEW J. RIVARD, 0000 DAVID A. WOOD, 0000 KIMSEY P. YOUNG, 0000 JEFFREY S. BENNETT, 0000 MERRI A. GANDHI, 0000 JUSTYN H. MACFARLAND, ERIC D. ROBERSON, 0000 DAVID A. WOOD, 0000 KENNETH C. Y. YU, 0000 ERIC B. BENZ, 0000 RICHARD F. GARRI, 0000 0000 KENNETH E. ROBINSON, 0000 IN THE ARMY JOSEPH R. BERGER, 0000 JUAN GARZA, 0000 MARK E. MANLEY, 0000 JAMES A. ROCHESTER, 0000 ANDREW T. BERGGREN, 0000 TINA C. GAUNT, 0000 CHERIE R. MANY, 0000 MICHAEL D. ROLLER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TODD M. BERTOCH, 0000 MARTIN F. GIACOBBI, 0000 DAVID L. MAPES, 0000 HENRY M. ROQUE, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED NINA LUCAS BETETA, 0000 MICHAEL W. GISH, 0000 JEFFREY E. MAPLE, 0000 KAREN J. ROSE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID W. BIDDLE, 0000 ROBERT A. GOINS, 0000 JORGE A. MARQUIS, 0000 JOSHUA S. ROTENBERG, 0000 MARK R. BIEDRZYCKI, 0000 KAREN M. GOLD, 0000 MICHAEL R. MARTIN, 0000 MILDRED A. ROTZOLL, 0000 To be brigadier general VIJAY K. BINDINGNAVELE, TRACEY A. GOLDEN, 0000 DAWN L. MARTINHERRING, RYLLIS A. ROUSSEAU, 0000 COL. BRUCE H. BARLOW 0000 0000 RUSSELL S. GORNICHEC, 0000 JAMES L. RUBLE, 0000 TODD E. BLATTMAN, 0000 0000 MARK A. MASSEY, 0000 TIMOTHY P. RYDELL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY D. BODE, 0000 STEVEN M. GRAY, 0000 MARK A. MATHURIN, 0000 RUBEN S. SAGUN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED WILLIAM F. BODENHEIMER, BARRY J. GREER, 0000 DAVID B. MAYBEE, 0000 JAMES L. SANDERSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: PATRICIA M. MAYER, 0000 0000 MICHAEL S. GRIMLEY, 0000 JEFFREY R. SANTI, 0000 COL. ROBERT E. GAYLORD, 0000 ROBERT M. BOLDY, 0000 KEVIN A. HACHMEISTER, SUMNER T. MC ALLISTER, DANIEL A. SAVETT, 0000 DONATO J. BORRILLO, 0000 0000 0000 KATHRYN M. SCHAT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RYAN G. BOSCH, 0000 JOHN D. HALLGREN, 0000 CARL L. MC GLOSTER, 0000 LARRY R. SCHATZ, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED LARS O. BOUMA, 0000 WILLIAM HALLIER, 0000 RHETT F. MC LAREN, 0000 MARK D. SCHENKMAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ANDREW N. BOWSER, 0000 DEREK B. HAMBLIN, 0000 CYNTHIA G. MC NALLY, 0000 JEFFERSON A. SCHOTT, 0000 DALE J. BRADLEY, 0000 BRIAN R. HAMLIN, 0000 KEVIN E. MC VANEY, 0000 REBEKAH R. SCHROEDER, To Be major general, medical corps JENNINE M. BRANDT, 0000 CHRISTINE D. HAMRICK, MICHAEL R. MEASE, 0000 0000 BRIG. GEN. KEVIN C. KILEY, 0000 JOHN G. BRAWLEY, 0000 0000 JOSEPH B. MENDOZA, 0000 DARLENE P. SCHULTZ, 0000 BRIG. GEN. DARREL R PORR, 0000 CHRISTINE E. BRICCETTI, VERN A. HARCHENKO, 0000 KURT D. MENTZER, 0000 SARAH A. SCHWEN, 0000 0000 DONALD S. HARPER, 0000 CHRISTINA L. MERSKI, 0000 DIETLINDE D. SCOTT, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE KEITH R. BRILL, 0000 SCOTT A. HARTWICH, 0000 MICHELLE F. METZGER, JEFFREY H. SEDGEWICK, UNITED STATES OFFICERS FOR APPOINTMENT IN THE TRACY L. BROBYN, 0000 GRANT E. HASSON, 0000 0000 0000 RESERVE OF THE ARMY TO THE GRADE INDICATED LAURA A. BRODHAG, 0000 BOBBI J. HAWK, 0000 MICHAEL T. MEYER, 0000 DALE M. SELBY, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: ELISA L. BROWN, 0000 DEREK G. HEBERT, 0000 SCOTT R. MEYER, 0000 ROBERT S. SHEPERD, 0000 JOSEPH M. BRUNO, 0000 RICHARD A. HEINER, 0000 GIOVANNI G. MILLARE, 0000 JON R. SHERECK, 0000 To be major general HANS C. BRUNTMYER, 0000 CHRISTINA L. DAVID P. MILLER, 0000 STEVEN D. SHOTTS, 0000 BRIG. GEN. ROBERT L. HALVERSON, 0000 JAMES E. BRYANT, 0000 HELTERBRAND, 0000 GARY K. MILLER, 0000 BILLY G. SHUMATE, 0000 JOHN E. BUCK, 0000 DAVID L. HEMPHILL, 0000 PATRICK J. MILLER, 0000 JOHN U. SIEGRIST, 0000 To be brigadier general MARK A. BUONO, 0000 ANDRE A. HENRIQUES, 0000 WILLIAM H. MILLER, 0000 DANA L. SIMPSON, 0000 DAVID M. BUSH, 0000 GEORGE E. HERRIOTT, 0000 JESSICA T. MITCHELL, 0000 PAUL A. SKLUZACEK, 0000 COL. EDMUND T. BECKETTE, 0000 COL. JAMES J. BISSON, 0000 AMY E. BUTLER, 0000 SUSAN L. HILL, 0000 PATRICK B. MONAHAN, 0000 DANIEL T. SMITH, 0000 COL. RAYMOND C. BYRNE, JR., 0000 THATCHER R. CARDON, 0000 JEANNEMARIE D. HINKLE, ROBERT M. MONBERG, 0000 JAMES D. SMITH, 0000 COL. DANIEL D. DENSFORD, 0000 STEVE J. CASEY, 0000 0000 LISA A. MONKMAN, 0000 MENSAH WILLIAM H. COL. JEFFREY L. GIDLEY, 0000 ERIC L. CATHEY, 0000 MARK A. HINTON, 0000 RICHARD L. MOONEY, 0000 SMITH, 0000 COL. DANNY H. HICKMAN, 0000 MARY E. CHAPPELL, 0000 JACQUELINE HO, 0000 BRADLEY B. MOORE, 0000 RANDALL D. SMITH, 0000 COL. JAMES D. JOHNSON, 0000 MICHAEL A. CHEEK, 0000 ERRIN J. HOFFMAN, 0000 SUSAN O. MORAN, 0000 TONY D. SMITH, 0000 COL. DENNIS M. KENNEALLY, 0000 MARTIN S. CHIN, 0000 GREGORY D. HOMER, 0000 ROBERT F. MORELAND, 0000 JOHN A. SNYDER, 0000 COL. DION P. LAWRENCE, 0000 YUN C. CHONG, 0000 DREW M. HORLBECK, 0000 DARIN K. MORGAN, 0000 DEBORAH M. SONG, 0000 COL. ROBERT G. MASKIELL, 0000 DANIELLE B. CLAIR, 0000 MARK T. HORROCKS, 0000 WILLIAM P. MUELLER, 0000 ROSSANNE M. SOSA, 0000 COL. DARYL K. MC CALL, 0000 STEVEN L. CLARK, 0000 KAI YUN HSU, 0000 CHRISTOPHER C. VERONICA M. STASA, 0000 COL. TERRELL T. REDDICK, 0000 CHRISTINE S. CLARKE, 0000 JEFFREY M. HUFFMAN, 0000 MUENCHEN, 0000 JOHN J. STEELE, 0000 COL. RONALD D. TAYLOR, 0000 GEORGE A. CLARKE, 0000 DUSTAN T. HUGHES, 0000 JOSEPH A. MUHLBAUER, JOHN P. STEINLAGE, 0000 DAVID S. COCKRUM, 0000 JOHN W. HULTQUIST, 0000 MICHAEL D. STEVENS, 0000 COL. JOHN T. VON TROTT, 0000 0000 COL. WILLIAM H. WEIR, 0000 KIMBERLY A. COLLINS, 0000 CELESTA M. HUNSIKER, 0000 MICHAEL J. MULLEN, 0000 JAMES A. STITH, 0000 MARK R. COMNICK, 0000 TIMOTHY J. HUSCHKE, 0000 DONALD F. STOREY, 0000 COL. DEAN A. YOUNGMAN, 0000 HOLLY C. MUSGROVE, 0000 COL. WALTER E. ZINK II, 0000 GREGREY A. COMPTON, 0000 BRENDON B. HUTCHINSON, BASEEMAH S. TONI C. STRONG, 0000 GISELLE M. CONLIN, 0000 0000 NAJEEULLAH, 0000 ERIKA J. STRUBLE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVIN P. CONNOLLY, 0000 CHRISTOPHER S. HYDO, 0000 MICHAEL T. ERIC A. SUESCUN, 0000 AS A PERMANENT PROFESSOR OF THE UNITED STATES THOMAS J. CONNOLLY, 0000 ANTHONY M. INAE, 0000 NAPIERKOWSKI, 0000 JAY W. SWETT, 0000 MILITARY ACADEMY IN THE GRADE INDICATED UNDER MARK O. COVINGTON, 0000 ALAN J. IVERSON, 0000 RAJ I. NARAYANI, 0000 WADE R. TALLEY, 0000 TITLE 10, U.S.C., SECTION 4333 (B): RONALD L. COX, 0000 DARIN R. JACOBY, 0000 PAIGE L. NEIFERT, 0000 ERIC S. TAUSCHER, 0000 GLYNDA G. CRABTREE, 0000 KELSEY G. JAMES, 0000 GERALD N. TAYLOR, 0000 PETER E. NEIFERT, 0000 To be colonel HARRY S. CRAWFORD, 0000 MICHAEL J. JENKS, 0000 ANTHONY A. TERRERI, 0000 DANA L. NELSON, 0000 DANA K. CRESSLER, 0000 MONICA L. JOHNSON, 0000 TODD A. THAMES, 0000 ANDRE H. SAYLES, 0000 MARY E. NEWMAN, 0000 JOHN W. CROMMETT, 0000 KATHLEEN M. JONES, 0000 CHRISTINE THOMAS, 0000 KHOI N. NGUYEN, 0000 IN THE MARINE CORPS JIM D. CROWLEY, 0000 RAYMOND C. JONES, 0000 LYNNE D. THOMAS, 0000 NGHIA H. NGUYEN, 0000 JEFFREY R. CUMMINGS, WAYNE P. JUSTICE, 0000 MARK J. THOMPSON, 0000 TAN LOC P. NGUYEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 0000 BENJAMIN C. KAM, 0000 VALERIE V. F. TIGNO, 0000 GRACE S. NIEVES, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE TIMOTHY M. CURLEY, 0000 MICHELLE Y. KARNEY, 0000 DAVID A. TILLES, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JENNIFER M. NIXON, 0000 JOSEPH J. CZARNECKI, 0000 JAY D. KERECMAN, 0000 JOSIAH B. TILTON, 0000 TERRI J. NUTT, 0000 SMITH MARY F. DAILEY, DAVID B. KIESER, 0000 HERBERT J. TOMASO, 0000 To be major general MICHAEL P. O’BRIEN, 0000 0000 KIKU E. KIM, 0000 BRADLEY J. TOUCHET, 0000 BRIG. GEN. JACK A. DAVIS, 0000 CHEVAUGHN V. DANIEL, KYUWON KIM, 0000 CAREY L. O’BRYAN, 0000 GEOFFREY D. TOWERS, 0000 WENDELL C. OCASIO, 0000 0000 BRIAN D. KIMBALL, 0000 JAMES B. TRUMBLE, 0000 IN THE NAVY ERIC C. DAUB, 0000 HENRY J. KISER, 0000 ANTHONY B. OCHOA, 0000 BLAINE A. TUFT, 0000 PATRICK G. DAUS, 0000 SVEN KLAUSS, 0000 KELLY A. OFFUTT, 0000 CHARLES A. TUJO, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ELIZABETH E. DAVIES, 0000 TAMMY M. KNAPP, 0000 RICHARD M. OLEY, 0000 TERRANCE C. TUOMINEN, IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOSEPH Y. DEJESUS, 0000 COLIN G. KNIGHT, 0000 KENNETH D. OSORIO, 0000 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHRIS T. DERK, 0000 MARK W. KOLASA, 0000 ALBERT L. OUELLETTE, 0000 BRIAN K. TWEDT, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PETER K. DERUSSY, 0000 THOMAS E. KOLKEBECK, MARK D. PACKER, 0000 DONALD TYLER, 0000 GREGORY A. DEYE, 0000 0000 ANTS PALMLEIS, 0000 LALITHA To be vice admiral MYUNG S. PARK, 0000 JAMES D. DIXON, 0000 AARON B. KOONCE, 0000 VADLAMANISIMMERS, REAR ADM. GORDON S. HOLDER, 0000 SARA A. DIXON, 0000 MICHAEL R. KOTELES, 0000 GERALD L. PARKER, 0000 0000 KEVIN M. DRECHSEL, 0000 JANE P. KRAMAR, 0000 PAUL C. PARRISH, 0000 SCOTT A. VANDEHOEF, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC J. DUDENHOEFER, 0000 KYLE R. KREINBRING, 0000 JOSEPH R. PARSONS, 0000 RANDALL E. VILLALOVAS, IN THE UNITED STATES NAVAL RESERVE TO THE GRADE JOSIAH W. DUKE, 0000 ROY E. KUHL, 0000 ERIC P. PECK, 0000 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JAMES S. DUNN, 0000 JOHN I. KUNG, 0000 STEVEN J. PECKHAM, 0000 TERRI L. VITAL, 0000 STEVEN J. DURNING, 0000 SHARI J. KUSHWAHA, 0000 BRETT A. PENNEY, 0000 BRIAN A. VROON, 0000 To be rear admiral MARK A. EASTERDAY, 0000 DAE T. KWAK, 0000 DAWN E. PEREDO, 0000 TIFFANY L. VROON, 0000 REAR ADM. (LH) JOHN G. COTTON, 0000 RICHARD J. ECKERT, 0000 JERRY D. LABSON, 0000 LEONLOURDES DAPH RICHARD A. WACHS, 0000 REAR ADM. (LH) STEPHEN S ISRAEL, 0000 ROBIN M. EICKHOFF, 0000 ROBERT E. LACLAIR, 0000 PEREZROMAN, 0000 LINCOLN R. WALLACE, 0000 REAR ADM. (LH) HENRY F. WHITE, 0000 MARK L. ELDORE, 0000 JOHN C. LACUNZA, 0000 FREEDOM F. PERKINS, 0000 MICHAEL C. WALTERS, 0000 STEPHEN C. ELIASON, 0000 DAVID M. LAMBERT, 0000 PAUL C. PETERSON, 0000 DAI YUAN WANG, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK A. ENGLEMAN, 0000 DANIEL R. LANCE, 0000 JAMES A. PHALEN, 0000 JAMES M. WARD, 0000 AS DEPUTY JUDGE ADVOCATE GENERAL OF THE UNITED TONTA L. FANCHER, 0000 JENNIFFER L. LAPOINTE, CHRISTOPHER P. PILLER, HARRISON F. WARNER, 0000 STATES NAVY IN THE GRADE INDICATED UNDER TITLE RAYMOND FANG, 0000 0000 0000 NATHAN P. WATKINS, 0000 10, U.S.C., SECTION 5149: SUSAN C. FARRISH, 0000 JEFFRY J. LARSON, 0000 LAURA L. PLACE, 0000 CHARLES N. WEBB, 0000 To be rear admiral JILL C. FEIG, 0000 JAMES LEE, 0000 SHAWN G. PLATT, 0000 MARK A. WEISKIRCHER, 0000 JAMES E. FEISTE, 0000 JACK B. LEWIS, 0000 PAUL W. PLOCEK, 0000 KYLE S. WENDFELDT, 0000 CAPT. MICHAEL F. LOHR, 0000 STEVEN L. FINEBERG, 0000 KENNETH M. LIGHTHEART, RAY L. PLUMLEY, 0000 CHRISTINA G. WESTON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK J. FITZSIMMONS, 0000 MATTHEW C. POLING, 0000 JACQUE R. WETTLAUFER, AS JUDGE ADVOCATE GENERAL OF THE UNITED STATES 0000 RODNEY D. LINDSAY, 0000 BRENT A. PORTER, 0000 0000 NAVY UNDER TITLE 10, U.S.C., SECTION 5148: DEANNE L. FOSNOCHT, 0000 ROBERT F. LINN, 0000 HARRIS R. PRAGER, 0000 DANIEL W. WHINNEN, 0000 ANGELA G. FOWLER, 0000 PAUL M. LITTLE, 0000 SUSAN J. QUICK, 0000 DARLA D. WHITFIELD, 0000 To be judge advocate general of the United CHRISTOPHER M. FOWLER, KAMALA H. LITTLETON, JOHN C. RABINE, 0000 JEFF T. WILKINS, 0000 States Navy 0000 0000 KEVIN J. RAINSFORD, 0000 DAVID B. WILSON, 0000 FARON J. FOX, 0000 BRADLEY A. LLOYD, 0000 MICHAEL RAJNIK, 0000 JENNIFER M. WILSON, 0000 REAR ADM. DONALD J. GUTER, 0000

VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 9801 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 1, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E39 EXTENSIONS OF REMARKS

RECOGNIZING THE DUTY OF THE hillsides. At night they materialized to har- the present Director, who have been most MARIANAS SCOUTS ass; by day their sniper shots struck without supportive; Mr. Pete Callahan, Commander warning. Americans continued to die. of Veterans of Foreign Wars Post 3457, who The US Commander of the Military Gov- helped mobilize national recognition; Sen- HON. ROBERT A. UNDERWOOD ernment decided that local men, who best ator Daniel Akaka of Hawaii, a vet himself, OF GUAM knew the local terrain and spoke Japanese, who weighed in with the Pentagon when we IN THE HOUSE OF REPRESENTATIVES could best track down these holdouts. needed him; and the Northern Marianas Leg- Fifty Chamorros and Carolinians were se- islature, under the leadership of Speaker Monday, January 31, 2000 lected and put under the command of the 6th Diego T. Benavente and President Paul A. Mr. UNDERWOOD. Mr. Speaker, on Janu- Provisional Military Police Battalion. They Manglona, which passed two resolutions on ary 31, 2000, a ceremony will take place in were issued Marine Corps uniforms, trained behalf of our World War II veterans, spurred the Commonwealth of the Northern Mariana to use rifles and grenades, and instructed in to act by Representatives Frank G. Cepeda hand-to-hand fighting. Islands honoring and recognizing the service and David M. Apatang. Major Harry Blanco, Once on duty, platoons of these local Ma- should also be recognized; he extended PX of a small group of civilian men who, during rine Scouts, as they were known, combed Mt. privileges to the Scouts, even before they WWII on the island of Saipan, willingly put Tapotchau, the hills of Laulau and Kagman, were declared to be vets; a much appreciated themselves in harm’s way to ensure that and the ridges of Marpi, exposing and cap- act of faith. American soldiers could defeat the occupying turing Japanese. The Scouts also took part THE ROSTER OF SCOUTS Japanese military forces. Commonwealth of in the American expeditions to round up the hundreds of Japanese troops on the islands of Ignacio Reyes Ada, Antonio M. Aguon, An- the Northern Mariana Islands Resident Rep- tonio Angailen, Pedro SN. Attao, Santiago resentative, the Honorable Juan Babauta, has Pagan and Maug. The service of these men of the Marianas Miyasaki Babauta, Antonio Manahane been key in making sure the sacrifice and saved American lives. But their service was Benavente, Juan V. Benavente, Daniel T. service of these men are recognized by the never fully acknowledged. Borja, Gregorio Flores Borja, Gregorio United States. I commend Mr. Babauta for his It took six years of work, beginning with Camacho Cabrera, Juan Camacho Cabrera, persistence and wish to submit his statement exhaustive research in military archives at Albert S. Camacho, Lorenzo Tudela honoring the ‘‘Marianas Scouts’’ for the the National Archives, the Marine Corps His- Camacho, Cristino S. Dela Cruz, Joaquin Duenas Dela Cruz, Bernardo C. Deleon Guer- RECORD. torical Center, and the Naval Archives, through some 50,000 pages of war records and rero, Joaquin C. Deleon Guerrero, Jose S. AT LAST AMERICA REMEMBERS MARIANAS diaries, to uncover the few sentences attest- Deleon Guerrero, Lorenzo Diaz Deleon Guer- SCOUTS ing to the Scouts’ service. For the men rero, Serafin Borja Kaipat, Juan Limes, They helped American Marines find their themselves had no paper record, only their Rafael C. Mafnas, Jose Blas Magofna, Miguel way on unfamiliar ground during one of memories. Blaz Magofna, Pedro Mettao, Nicolas World War II’s fiercest battles. And once the Then, the materials had to be presented to Quidachai Muna, Francisco Nekai, Juan Japanese-held island of Saipan was ‘‘secure’’ the Department of Defense Civilian/Military Quitugua Norita, Isidro Limes Ogarto, Fran- they continued to help: rooting out the hun- Service Review Board for its scrutiny. On cisco C. Palacios, Joaquin B. Pangelian, dreds of enemy soldiers who remained a men- September 30, 1999, two years after the origi- Juan San Nicolas Pangelian, Edward M. ace, lurking in the dense jungle and hidden nal submission, the decision came down: Peter, Jose Roberto Quitano, Benigno A. deep in limestone caves. ‘‘In accordance with the provisions of Pub- Rabauliman, Antonio T. Rogolofoi, Isidro R. But when the fighting was finally over, the lic Law 95–202 and upon the recommendation Rogopes, Vicente T. Rosario, Ignacio fifty Chamorro and Carolinian men who had of the Department of Defense Civilian/Mili- Mangarero Sablan, Segundo Tudela Sablan, volunteered to join the US military after the tary Service Review Board, the Secretary of Herberto San Nicolas, Pedro F. Sakisat, invasion of Saipan were forgotten by the US. the Air Force, acting as the Executive Agent Felipe Agulto Salas, Gofredo Aguon Sanchez, They received no discharges, no campaign of the Secretary of Defense, determines . . . Juan A. Sanchez, Guillermo P. Saures, ribbons, none of the benefits accorded other the service of . . . three scouts/guides, Felipe Mazinnis Seman, Juan Malus US veterans. Only their families and friends Miguel Tenorio, Benedicto Taisacan, and Tagabuel, Benedicto Satur Taisacan, Anto- remembered the valor of these ‘‘Marine Cristino Dela Cruz, who assisted the U.S. nio Camacho Tenorio, Antonio P. Tenorio, Scouts.’’ Marines in the offensive operations against Vicente Olaitiman Taman, Miguel On Monday, January 31, at least America the Japanese on the Northern Mariana Is- Pangelinan Tenorio, Pedro Peter Teregeyo, will remember. lands from ‘June 19, 1994, through September and Manuel Seman Villagomez. In a ceremony to be attended by Brigadier 2, 1945,’ shall be considered ‘active duty’ for General R.E. Parker, Commanding General purposes of all laws administered by the De- f of the US Marine Corps Base in Hawaii and partment of Veterans Affairs. personal representative of Marine Corps ‘‘Additionally, the service of a group de- UNFAIRNESS IN TAX CODE: Commandant General James L. Jones, the scribed as ‘the approximately 50 Chamorro MARRIAGE TAX PENALTY twenty-one surviving Scouts and the mem- and Carolinian former, native policemen who ory of those who have already passed on will received military training in the Donnay finally receive the recognition they deserve. area of central Saipan and were placed under HON. JERRY WELLER General Parker will present the Scouts or the command of Lt. Casino of the 6th Provi- OF ILLINOIS their survivors with the ribbons and medals sional Military Police Battalion to accom- IN THE HOUSE OF REPRESENTATIVES acknowledging service in the Asiatic-Pacific pany United States Marines on active, com- Campaign and commemorating Victory in bat-patrol activity from August 19, 1945, to Monday, January 31, 2000 the World War II. The men will also receive September 2, 1945,’ shall be considered ‘ac- Mr. WELLER. Mr. Speaker, I rise today to their official discharges at the rank of cor- tive duty’ for purposes of all laws adminis- highlight what is arguably the most unfair pro- poral. tered by the Department of Veterans Af- vision in the U.S. Tax Code: the marriage tax The Marianas Campaign of 1944 was crit- fairs.’’ ical to the outcome of World War II. The fall Now, on Janaury 31, the Scouts will re- penalty. I want to thank you for your long term of the Marianas led directly to the fall of the ceive their discharges, medals, and ribbons. interest in bringing parity to the tax burden im- government in Tokyo, because now America Among those who should be recognized for posed on working married couples compared was within bomber range of the Japanese their efforts to make this day possible are: to a couple living together outside of marriage. home islands. That strategic significance Mr. Joseph C. Reyes, President of the US This month President Clinton gave his State was reflected in the ferocity of the fighting Armed Forces Veterans Association in the of the Union Address outlining many of the here and the tenacity of the Japanese de- Northern Marianas, who was tireless in pur- things he will spend the budget surplus on. fenders. suit of this goal; former members of the Even after the battle of Saipan was official Northern Marianas Legislature Crispin I. House Republicans want to preserve 100% of over and the Japanese military command Deleon Guerrero and Vicente C. Guerrero, the Social Security surplus for Social Security had surrendered, still there were hundreds of who would not let our men be forgotten; both and Medicare and use the non-Social Security Japanese soldiers hidden in the dense jungle, Joseph Palacios, the former Director of the surplus for paying down the debt and to bring squeezed into pockets of limestone in the CNMI Veterans Office, and Jesus C. Muna, fairness to the tax code.

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

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS E40 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2000 A surplus provided by the bipartisan budget poses a higher tax penalty on marriage? Do that our tax code punishes society’s most agreement which cut waste, put America’s fis- Americans feel it’s fair that the average mar- basic institution. The marriage tax penalty cal house in order, and held Washington’s feet ried working couple pays almost $1,400 more exacts a disproportionate toll on working to the fire to balance the budget. in taxes thatn a couple with almost identical women and lower income couples with chil- While President Clinton parades a long list income living together outside of marriage? Is dren. In mahy cases it is a working women’s of new spending totaling $72 billion in new it right that our tax code provides an incentive issue. programs—we believe that a top priority after to get divorced? Let me give you an example of how the saving Social Security and paying down the In fact, today the only form one can file to marriage tax panalty unfairly affects middle national debt should be returning the budget avoid the marriage tax penalty is paperwork class married working couples. surplus to America’s families as additional for divorce. And that is just wrong! middle-class tax relief. Since 1969, our tax laws have punished For example, a machinist, at a Caterpillar This Congress has given more tax relief to married couples when both spouses work. For manufacturing plant in my home district of Jo- the middle class and working poor than any no other reason than the decision to be joined liet, makes $30,500 a year in salary. His wife Congress of the last half century. in holy matrimony, more than 21 million cou- is a tenured elementary school teacher, also I think the issue of the marriage penalty can ples a years are penalized. They pay more in bringing home $30,500 a year in salary. If they best be framed by asking these questions: Do taxes than they would if they were single. Not would both file their taxes as singles, as indi- Americans feel it’s fair that our tax code im- only is the marriage penalty unfair, it’s wrong viduals, they would pay 15%. MARRIAGE PENALTY EXAMPLE

Machinist School Teacher Couple H.R. 6

Adjusted Gross Income ...... $31,500 $31,500 $63,000 $63,000 Less Personal Exemption and Standard Deduction ...... 6,950 6,950 12,500 1 13,900 Taxable Income ...... 24,550 24,550 50,500 49,100 (x .15) (x. 15) (Partial x.28) (x.15 Tax Liability ...... $3,682.5 $3,682.5 $8,635 $7,365

Marriage Penalty ...... $1,270 ...... Relief ...... $1,270 1 Singles times 2.

But if they chose to live their lives in holy It isn’t enough for President Clinton to sug- This year we ask President Clinton and matrimony, and now file jointly, their combined gest tax breaks for child care. The President’s Vice-President GORE to join with us and sign income of $61,000 pushes them into a higher child care proposal would help a working cou- into law a stand alone bill to eliminate the tax bracket of 28 percent, producing a tax ple afford, on average, three weeks of day marriage tax penalty. penalty of $1,400 in higher taxes. care. Elimination of the marriage tax penalty Of all the challenges married couples face On average, America’s married working would give the same couple the choice of pay- in providing home and hearth to America’s couples pay $1,400 more a year in taxes than ing for three months of child care—or address- children, the U.S. tax code should not be one individuals with the same incomes. That’s seri- ing other family priorities. After all, parents of them. ous money. Millions of married couples are know better than Washington what their family The greatest accomplishment of the Repub- still stinging from April 15th’s tax bite and needs. lican Congress this past year was our success more married couples are realizing that they We fondly remember the 1996 State of the in protecting the Social Security Trust Fund are suffering the marriage tax penalty. Union address when the President declared and adopting a balanced budget that did not Particularly if you think of it in terms of a emphatically that, quote ‘‘the era of big gov- spend one dime of Social Security—the first down payment on a house or a car, one years ernment is over.’’ balanced budget in over 30 years that did not tuition at a local community college, or several We must stick to our guns, and stay the raid Social Security. months worth of quality child care at a local course. Let’s eliminate the Marriage Tax Penalty day care center. There never was an American appetite for and do it now! To that end, U.S. Representative DAVID big government. f MCINTOSH (R–IN) and U.S. Representative But there certainly is for reforming the exist- PAT DANNER (D–MO) and I have authored ing way government does business. KOREAN WAR ANNIVERSARY H.R. 6, the Marriage Tax Elimination Act. And what better way to show the American H.R. 6, the Marriage Tax Elimination Act will people that our government will continue along increase the tax brackets (currently at 15% for HON. LANE EVANS the first $24,650 for singles, whereas married the path to reform and prosperity than by OF ILLINOIS couples filing jointly pay 15% on the first eliminating the marriage tax penalty. IN THE HOUSE OF REPRESENTATIVES Ladies and Gentlemen, we are on the verge $41,200 of their taxable income) to twice that Tuesday, February 1, 2000 enjoyed by singles; H.R. 6 would extend a of running a surplus. It’s basic math. Mr. EVANS. Mr. Speaker, I am proud to join married couple’s 15% tax bracket to $49,300. It means Americans are already paying with TOM EWING, my colleague from Illinois, as Thus, married couples would enjoy an addi- more than is needed for government to do the an original cosponsor of this legislation recog- tional $8,100 in taxable income subject to the job we expect of it. low 15% tax rate as opposed to the current What better way to give back than to begin nizing the 50th anniversary of the Korean war. 28% tax rate and would result in up to $1,215 with mom and dad and the American family— On June 25, 1950, Communist North Korea in tax relief. the backbone of our society. initiated the conflict by invading South Korea Additionally the bill will increase the stand- We ask that President Clinton join with Con- with approximately 135,000 troops. President ard deduction for married couples (currently gress and make elimination of the marriage Harry S. Truman and the United Nations drew $6,900) to twice that of singles (currently at tax penalty . . . a bipartisan priority. a line in the sand, committing ground, air, and $4,150). Under H.R. 6 the standard deduction Speaker HASTERT and House Republicans naval forces. Approximately 5,720,000 mem- for married couples filing jointly would be in- have made eliminating the marriage tax pen- bers of the Armed Forces served during the creased to $8,300. alty a top priority. In fact, we plan to move leg- Korean war. These men and women deserve H.R. 6 enjoys the bipartisan support of 223 islation in the next few weeks. our gratitude and respect. co-sponsors along with family groups, includ- Last year, President Clinton and Vice-Presi- Unfortunately, there was a time when peo- ing: American Association of Christian dent GORE vetoed our efforts to eliminate the ple referred to the Korean war as the Forgot- Schools, American Family Association, Chris- marriage tax penalty for almost 28 million mar- ten War. The decisive struggles of this century tian Coalition, Concerned Women for America, ried working people. The Republican effort have been the wars against totalitarianism. Ethics and Religious Liberty Commission of would have provided about $120 billion in The World War II generation faced the Axis the Southern Baptist Convention, Family Re- marriage tax relief. Unfortunately, President powers with honor and great courage. That search Council, Home School Legal Defense Clinton and Vice President GORE said they same honor and courage were displayed in a Association, the National Association of would rather spend the money on new govern- long series of wars and struggles that led to Evangelicals and the Traditional Values Coali- ment programs than eliminate the marriage the fall of the Soviet empire. Korea was the tion. tax penalty. initial confrontation of the nuclear age.

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E41 I am honored to cosponsor this bipartisan House of Representatives—the Honorable [From the Washington Times, Jan. 28, 2000] joint resolution recognizing the 50th anniver- Lloyd Duxbury. After 50 years of distinguished WHICH WAY RUSSIA? CHECHNYA IS THE TEST sary of the Korean war and honoring the sac- service to the people of Minnesota and the (By Strobe Talbott) rifice of those who served. We are introducing Nation, ‘‘Dux’’ has announced his retirement. In many ways, Russia is a self-liberated the legislation today, calling upon our fellow During World War II, Lloyd Duxbury served country, but it’s also in many ways an un- Members of Congress to support us. in the U.S. Army, and then went on to finish happy, confused and angry one. That’s partly f his undergraduate work at Harvard. After grad- because almost every good thing that has uating from Harvard Law School in 1949, he happened there over the past decade—and CONGRATULATIONS ON YOUR returned to his hometown of Caledonia, MN, there are many—has had its dark underside. 100TH BIRTHDAY, ANNIE GOFFREDI to join his father’s law practice. In 1950, he For example, the implosion of the mono- was elected to the Minnesota State House of lithic police state has left a vacuum of the kind that nature—especially human nature— HON. SCOTT McINNIS Representatives, where he served as Minority abhors. In place of the old, bureaucratized OF COLORADO Leader from 1959 to 1963, and Speaker from criminality there is a new kind of lawless- IN THE HOUSE OF REPRESENTATIVES 1963 to 1971. ness. It’s what my friend and colleague Tuesday, February 1, 2000 After leaving the Minnesota State House, Bronislaw Geremek has called ‘‘the privat- Dux made his way to Washington, DC to work ization of power.’’ And it has, quite literally, Mr. MCINNIS. Mr. Speaker, I would like to as an advocate for Burlington Northern Rail- given a bad name to democracy, reform, the take a moment to recognize a woman who road. He went on to serve on the staff of the free market, even liberty itself. Many Rus- has recently celebrated her 100th birthday. U.S. Senate Special Aging Committee. In sians have come to associate those words with corruption and with the Russian state’s Annie Goffredi was born on January 5, 1989, Dux joined the staff of the National 1900, in Missouri. She moved to Colorado inadequacy in looking after the welfare of its Committee to Preserve Social Security and citizens. For all these reasons, Russia’s first with her husband so that he could mine for Medicare, where for the past 10 years he has decade as an electoral democracy has been a coal. served as a tireless advocate for our Nation’s smutnoye vremya, or ‘‘time of troubles.’’ Annie acknowledges that many changes seniors. That brings me to Chechnya, which is the have taken place in the last 100 years. She Although Lloyd Duxbury and I served on dif- most visible and violent of Russia’s troubles. has been witness to the first uses of many in- ferent sides of the aisle of the Minnesota State That republic is one of 89 regions of Russia— ventions including: washing machines, elec- House, I cherish the years I worked with him. it constitutes less than one-tenth of 1 per- tricity, cars and even musical instruments. His leadership in the legislature was always cent of landmass that stretches across 11 Annie’s first memories of a car involve a man time zones. But with every passing week, the marked by the finest traditions of public serv- horror unfolding there becomes increasingly that would give the children rides after school. ice. I learned a lot from Dux, who is one of the the focus of Russia’s attention—and the Annie also rode in a car to go into town to hardest working people I have known. I also world’s condemnation. In just the past few vote. remember him as the quickest gavel around— days, Russian forces have renewed their on- Annie has enjoyed being able to travel to especially during the years when he served as slaught against Grozny, where thousands of Russia and Europe. She also enjoys reading Speaker of the House and I served as Minority civilians remain trapped, unable to flee to and attributes that interest to her father. Leader. Whenever I turned around, it seemed, safety. There are reports of Chechen rebels Although she does not have an anecdote for there he was, banging his gavel yet again. using civilians as human shields, of Russian living to be 100 years old, Annie says that she military units using incendiary devices and On a more serious note, it is clear to me— fuel-air explosives. is grateful to just live. and to all of us who served with him—that What we are seeing is a gruesome reminder It is with this, Mr. Speaker, that I would like Lloyd Duxbury always considered it a privilege of how hard it is for Russia to break free of to offer my congratulations and best wishes to serve his constituents. I consider myself its own past. Indeed, Chechnya is an em- for Annie Goffredi as she celebrates her 100th lucky to have served with him. As he retires blematic part of that past. The region has birthday.y and embarks upon a new path in his life back been a thorn in Russia’s side for about 300 f in Minnesota, I know we in Washington will years. Leo Tolstoy served in the czarist miss Dux’s advice and counsel on issues im- army there and wrote about the often-losing PERSONAL EXPLANATION struggle to make those mountain warriors portant to Minnesota and the Nation. loyal subjects of the Russian Empire. In 1944, Today, Lloyd Duxbury celebrates his 78th Josef Stalin had the perfect totalitarian so- HON. XAVIER BECERRA birthday. Mr. Speaker, in addition to offering lution to the problem: wholesale deportation OF CALIFORNIA my warmest birthday wishes to my friend Dux, of the Chechen people—or what we would IN THE HOUSE OF REPRESENTATIVES I would like to wish him the best of luck and call today ethnic cleansing. Tuesday, February 1, 2000 good health always. In this decade, Chechnya has been a recur- rent obstacle to Russia’s movement in the Mr. BECERRA. Mr. Speaker, due to a com- f direction that we, and many Russians, hope mitment in my district on Monday, January 31, will mark its course. While elsewhere across 2000, I was unable to cast my floor vote on DEPUTY SECRETARY OF STATE the vastness of Russia, reformers have been rollcall Nos. 2–3. The votes I missed include STROBE TALBOTT DISCUSSES experimenting with what they call new THE FUTURE OF RUSSIA thinking, the seemingly intractable conflict rollcall vote No. 2 on Suspending the Rules in the North Caucasus has brought out the and agreeing to H. Con. Res. 244, Authorizing worst of old thinking: namely, the excessive the Use of the Rotunda for Holocaust Memo- HON. TOM LANTOS reliance on force and the treatment of entire rial; and rollcall vote No. 3 on Suspending the OF CALIFORNIA categories of people as enemies. Rules and Agreeing to Senate Amendments to IN THE HOUSE OF REPRESENTATIVES And by the way: It’s not just the old-think- H.R. 2130, the Hillory J. Farias and Samantha ers who are to blame for this relapse. From Tuesday, February 1, 2000 Reid Date-Rape Prevention Drug Act of 1999. 1992 through 1993, a reform-ist government in Had I been present for the votes, I would Mr. LANTOS. Mr. Speaker, I would like to Moscow left Chechnya largely to its own de- have voted ‘‘aye’’ on rollcall votes Nos. 2 and call the attention of my colleagues to an excel- vices. The combination of Moscow’s neglect lent speech given by our outstanding Deputy and miserable local conditions whetted the 3. Chechens’ appetite for total independence. f Secretary of State, Strobe Talbott. The speech Had Chechnya attained that status, it would was given at All Souls College at Oxford Uni- immediately have qualified as a failed state. IN TRIBUTE TO THE HONORABLE versity on January 21 of this year. The speech Kidnapping, drug trafficking and every other LLOYD DUXBURY was published in The Washington Times on form of criminality were rampant. It was an January 28. I ask that the text of Deputy Sec- anarchist’s utopia and any government’s HON. MARTIN OLAV SABO retary Talbott’s speech be placed in the nightmare. When Russia tried to reimpose control, the OF MINNESOTA RECORD. The future of Russia is a matter of great interest and great concern to the Amer- result was a bloody debacle. The first IN THE HOUSE OF REPRESENTATIVES Chechen war, from ’94 to ’96, ended, in sig- ican people. In this speech Strobe Talbott Tuesday, February 1, 2000 nificant measure, because it was so unpopu- gives us the benefit of his long experience lar. Boris Yeltsin wanted the fighting over Mr. SABO. Mr. Speaker, today it is my with Russia and his critical insight, and I urge before he faced re-election, so he ended it on pleasure to pay tribute to a great American, my colleagues to give his comments thought- terms that granted the Chechen authorities my former Speaker in the Minnesota State ful attention. even more autonomy.

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS E42 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2000 But once again, Moscow, having extricated its achievement is indispensable. No country St. Joseph Hospital Foundation Board and the itself, averted its gaze. The central govern- can succeed without those ingredients. Denver Zoological Foundation Board of Trust- ment made virtually no effort to help estab- It all depends on how Russia defines ees. lish Chechnya as a secular, peaceful, pros- strength, how it defines security. Will it do perous polity within the Russian Federation. so in today’s terms, or yesterday’s—in terms The Robinson brothers have been honored The deteriorating conditions and free-for-all that are proving successful elsewhere, or in repeatedly for their involvement in the commu- atmosphere became an even stronger magnet terms that have already proved disastrous nity. Being inducted into the Colorado Busi- for secessionists, Islamic radicals and other for Russia under Soviet rule? Will Russia ness Hall of Fame is another award to add to extremists, many indigenous but some for- recognize that in an age of global—and re- the vast collection. Clearly, it is a fitting tribute eign as well. Last summer, some of these ele- gional—interdependence, the porousness of to two eminently deserving individuals. ments used Chechen territory as a base of of- borders is a necessity out of which a viable It is with this, Mr. Speaker, that I would like fensive operations against other parts of state must make a virtue? Or will it fall to congratulate two assets of the Denver Com- Russia. back into the habit of treating this and Now, here’s where the irony is most acute: other facts of life as a vulnerability to be munity, Dick Robinson and Eddie Robinson, Unlike the one four years ago, the current neutralized, or—that most Soviet of all for being inducted into the Colorado Business war has had broad popular support. That’s verbs—to be liquidated? Will Russia under- Hall of Fame. primarily because most Russians have no stand that indiscriminate aerial attacks, f doubt that this time, rather than their army forced movement of populations and civilian being bogged down in some remote and basi- round-ups—no matter what the original IN MEMORY OF ALWINE FENTON, cally alien hinterland, this time it’s defend- provocation and ongoing threat—are the acts ORGANIZER AND FRIEND OF THE ing a heartland that is under attack from of a weak and desperate state, not a strong ARTS marauding outsiders—including outsiders and clear-headed one? within—that is, non-Russians living in Rus- This is the vexing question, not just about sia. Mr. Putin but about his country as a whole. HON. FORTNEY PETE STARK Thus, Chechnya has fanned the resurgence It’s a genuinely open question. Moreover, the OF CALIFORNIA of another ism—nationalism. That phe- answer will probably be evolutionary, not IN THE HOUSE OF REPRESENTATIVES nomenon was the target of particular pas- revolutionary. Russia has had its revolution, sion and eloquence on the part of Sir Isaiah and its counterrevolution. The last thing its Tuesday, February 1, 2000 Berlin, the late British historian of ideas. He people want or need is another upheaval. saw nationalism as inherently conducive to Evolutions, by definition, take a long Mr. STARK. Mr. Speaker, I would like to intolerance and friction, both inside states time—surely a generation or more. In the take a moment to remember a dear friend of and between them. He recognized that na- final analysis, it’s the Russians themselves the Hayward, California community who has tional consciousness exists, by definition, in and no one else who will decide on the char- recently passed on. all nations; but he warned that when the na- acter of their state. Alwine Fenton was a great supporter of cul- tion in question feels afflicted by the tural awareness in the Hayward community. ‘‘wounds’’ of ‘‘collective humiliation’’ na- f tionalism becomes what he called ‘‘an in- She was very involved in many local art pro- flamed condition.’’ 2000 COLORADO BUSINESS HALL OF grams, and was dedicated to introducing chil- Russia today suffers from just such a con- FAME INDUCTEES, MR. DICK dren to the arts, especially music, in various dition. Chechnya has generated fears, ROBINSON AND MR. EDDIE ROB- ways. resentments and frustrations in its own INSON From 1949 until 1986, Mrs. Fenton taught right. But it has also come to symbolize for music in Hayward’s elementary schools. In ad- many Russians a more general sense of HON. SCOTT McINNIS dition to teaching, Mrs. Fenton was the co- grievance and vulnerability after a decade of founder, officer and director of the Southern other difficulties and setbacks, real and OF COLORADO Alameda County Youth Orchestra, introducing imagined—most conspicuously the enlarge- IN THE HOUSE OF REPRESENTATIVES ment of NATO and the Kosovo war. children to orchestral and symphonic music. Tuesday, February 1, 2000 But while there are these ominous trends, She also arranged concerts with the Classical they haven’t by any means won. The polit- Mr. MCINNIS. Mr. Speaker, I would like to Philharmonic Orchestra of San Leandro for ical environment of their ebb and flow is still take this opportunity to recognize two induct- thousands of Hayward area children. pluralistic. Atavistic voices and forces are ees for the 2000 Colorado Business Hall of Not only was Mrs. Fenton committed to pro- contending with modern ones that advocate Fame, Mr. Dick Robinson and Mr. Eddie Rob- moting musical awareness, but she also dedi- an open, inclusive society and an open, coop- cated a great deal of her time to the visual erative approach to the outside world. inson. When I was in Moscow last month, I heard Jointly produced by the Denver Metro arts in the Hayward area. She was a member the word zapadnichestvo. It might loosely be Chamber of Commerce and Junior Achieve- of the Hayward Arts Council, which arranges translated as Russia’s pursuit of its Western ment, the Colorado Business Hall of Fame art exhibits in downtown storefronts and vocation. Zapadnichestvo is not an ism: It’s recognizes outstanding Colorado businesses throughout the community. Mrs. Fenton had in some ways the opposite—an endorsement and civic leaders from the past and present, arranged art exhibits in the City Hall since of a liberal antipathy to isms. Moreover, I publicizes the contributions of business lead- June of 1998. heard this word used in a favorable and even ers to our community and promotes the impor- After her retirement, Mrs. Fenton continued optimistic context by at least one of Vladi- to remain active in the Hayward community. mir Putin’s erstwhile political allies on what tance and value of the private enterprise sys- Russians call ‘‘the right’’ of the—that is, tem. She was a member of the California Retired what we would call the liberal-democratic Best known for their leadership of Robinson Teachers Association as well as the Eden end of the political spectrum. Dairy, a major food processor and distributor Garden Club. She was also a member of the Zapadnichestvo derives from the 19th-cen- in Colorado for more than 114 years, the Rob- Friends of the Hayward Library group and the tury debate between the Westernizers and insons have left their mark beyond the day-to- Kaiser Hospital support group for heart pa- the Slavophiles. day operations of their plan. The family-run tients. There was at least an echo of the concept business is a leading role model for commu- Mrs. Fenton’s accomplishments have not of zapadnichestvo in what Mr. Putin himself gone unnoticed. During her time as an educa- told me when I saw him on that same trip: nity development and betterment programs. He said he wants to see Russia as ‘‘part of The Robinsons serve on boards and com- tor, Mrs. Fenton received several awards from the West.’’ Granted, he has sent other, quite mittees promoting economic development, the California Teachers Association. In 1998, different signals to other, quite different au- medical and health care issues and cultural the Hayward Lions Club recognized Mrs. Fen- diences. improvement in communities across Colorado. ton with the Distinguished Citizen of the Year He’s been doing so rather dramatically in Dick is currently a board member for the Co- Award. recent days. We can speculate together—and lumbia/HealthONE, Children’s Hospital, Ocean I ask my colleagues to join with me in pay- that’s all we can do at this point—on exactly Journey and the Denver Art Museum and ing tribute to this great community leader. Mrs. what he’s up to in his recent parliamentary maneuvers. But one theme that he strikes chair of the Rose Community Foundation. Fenton will truly be missed by all members of consistently, whomever he’s addressing, is a Eddie is active on the Metropolitan State Col- the Hayward community. Her dedication to desire to see Russia regain its strength, its lege of Denver Foundation and has chaired promoting cultural awareness, especially in the sense of national pride and purpose. In and of the National Jewish Center for Immunology arts, will be remembered for many years to itself, that goal is not only understandable— and Respiratory Medicine Board of Directors, come.

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E43 A TRIBUTE TO CORPUS CHRISTI which I represent, has a vibrant economy and Leadville, the Tabor Grand Opera House in CHURCH the area leads the United States as a haven Denver, the Bank of Leadville and the Tabor for new, innovative, cutting-edge companies. A Block, now replaced by the Tabor Center in HON. NITA M. LOWEY major contributor to this economy are the downtown Denver. OF NEW YORK many biotechnology companies that have Horace Tabor passed away on April 10, 1899, but he is remembered by friends and IN THE HOUSE OF REPRESENTATIVES been established in our State. Washington State is currently home to 116 biotechnology family as a generous, dedicated man who Tuesday, February 1, 2000 companies and the industry employs over gave immensely to the state of Colorado. Mrs. NITA LOWEY. Mr. Speaker, I rise 7,000 people in the State. I believe these It is with this, Mr. Speaker, that I would like today to recognize the 75th anniversary of companies do more than make our State a to honor the 2000 Colorado Business Hall of Corpus Christi Parish in Port Chester, NY. leader, but also put the United States in a po- Fame Inductee, Horace Austin Warner Tabor, Since its founding, Corpus Christi Church sition as a worldwide leader for developing a great American and humanitarian. has been a cornerstone of its community, of- products that improve lives. f fering spiritual and material support to its pa- The United States leads the world in bio- IN RECOGNITION OF THE MARTIN rishioners, while reflecting the values and technology innovations. These products ben- LUTHER KING’S DAY PROGRAM growth of Port Chester itself. efit hundreds of millions of people worldwide CAMP LEJEUNE, NC Port Chester’s large Italian-American popu- with life-threatening illnesses, such as heart lation dates to the late nineteenth century, disease, cancer, neurological diseases, infec- when immigrants flocked to the New York tious diseases, and obesity. The advances by HON. EVA M. CLAYTON area in search of a better life for themselves the biotechnology industry are revolutionizing OF NORTH CAROLINA and their families. Many settled in Port Ches- every face of medicine, from diagnosis to IN THE HOUSE OF REPRESENTATIVES ter’s Washington Park area, a welcoming treatment of all diseases, not just bacterial in- Tuesday, February 1, 2000 neighborhood, but one which lacked a Catho- fections. It is detailing life at the molecular Mrs. CLAYTON. Mr. Speaker, on Saturday, lic Church. level and someday will take much of the January 15, 2000, some 71 years to the date In 1912, a Salesian priest from Holy Rosary guesswork out of disease management and that Dr. Martin Luther King, Jr., was born, a Church was appointed to offer Holy Mass on treatment. special program was held in his honor. This Sundays to the people of Washington Park. I am happy to support the biotechnology in- program deserves to be acknowledged be- Two years later a basement chapel was inau- dustry and commend the important invest- cause it reflected the true meaning of what Dr. gurated on South Regent Street. But it was ments the industry makes in research and de- King stood and fought for throughout his life. not until January 3, 1925, that Corpus Cristi velopment. I believe it is the responsibility of The Program was the 13th Annual Dr. Mar- was established as a parish in its own right by Congress to continue to spend money on tin Luther King Black and White Scholarship Patrick Cardinal Hayes. basic research, which the industry can build Ball, held at the Marine Corps Base in Camp Nothing better exemplifies the community on to develop products. I also believe it is im- LeJeune, NC. The Ball was sponsored by the spirit of Corpus Christi Church than the inspir- portant for Congress to assure the policies of Ladies Auxiliary of the Montford Point Marine ing fashion in which the new building was con- our Federal Government to encourage the Association, whose President is Mrs. Louise structed. A team effort from start to finish, the continued innovation of this ever growing in- Greggs. More than a thousand persons at- project brought together laborers from every dustry. tended this event, which included an impres- trade and families of every kind. Working day f sive blend of military and civilian citizens. The and night, contributing portions of their modest evening included dinner, speeches, top level income, and volunteering in countless ways, 2000 COLORADO BUSINESS HALL OF FAME INDUCTEE, HORACE TABOR entertainment and dancing. It was, by all ac- the parishioners of Corpus Christi Church counts, a delightful evening. were able to lay the cornerstone of their new But, more importantly and of greater rel- building on September 27, 1925, and to wel- HON. SCOTT McINNIS evance, the event raised a significant amount come Cardinal Hayes to the completed struc- OF COLORADO of money to be used for scholarships for ture in October 1927. IN THE HOUSE OF REPRESENTATIVES young people. To that end, Dr. King’s words In the time since, Corpus Christi Church has Tuesday, February 1, 2000 were given new meaning and new life. had the good fortune to be guided by a num- In order to benefit from the guidance of ber of exceptionally gifted spiritual leaders. Fa- Mr. MCINNIS. Mr. Speaker, I would like to those with wisdom like Dr. King, we must not ther Peter Mayerhofer, Father Alfonso Volonte, take this opportunity to recognize an inductee only hear what they say, we must also do and Father Peter Rinaldi, among others, con- for the 2000 Colorado Business Hall of Fame, what they mean for us to do. tributed mightily to Corpus Christi’s growth. Mr. Horace Tabor. History is the recording of important events, That tradition of dedication and vision is well- Jointly produced by the Denver Metro a pattern of timeless moments. History pro- served by today’s Pastor, Father Jim Marra. Chamber of Commerce and Junior Achieve- vides a looking glass to the past through Corpus Christi Church is now a center of ment, the Colorado Business Hall of Fame which we can learn and benefit. community life. It boasts a school of 500 recognizes outstanding Colorado businesses The history of Dr. King is perhaps best cap- youngsters, a youth center, and well-known and civic leaders from the past and present, tured in his own words. If we are to learn from Holy Shroud Shrine. publicizes the contributions of business lead- the history of Dr. King’s life and untimely As Corpus Christi Church observes its 75th ers to our community and promotes the impor- death, we must not only consider what he anniversary with the motto ‘‘Remembering our tance and value of the private enterprise sys- said, we must also do what he meant for us past, celebrating our present, believing in our tem. to do. future,’’ I know that I speak for all residents of Horace was born in Holland, VT in 1830. He In accepting the Nobel Peace Prize, on De- Port Chester when I express my great pride in grew up on a farm and became a school cember 11, 1964, he stated, ‘‘Man must and thanks for this remarkable center of spir- teacher. He moved to Topeka, KA, where he evolve for all human conflict a method which itual and civic progress. was appointed to the Topeka legislature. Fol- rejects revenge, aggression and retaliation.’’ f lowing rumor of gold being discovered in Colo- And, Dr. King in that same speech concluded, rado, Horace and his family moved again. ‘‘The foundation of such a method is love.’’ SUPPORT FOR WASHINGTON In 1878, Horace hired two shoemakers for a That is what he said. STATE BIOTECH INDUSTRY prospecting campaign resulting in the dis- Dr. King dreamed of an America where all covery of Little Pittsburgh, which turned out to would be judged by the content of their char- HON. ADAM SMITH be rich in silver. With his fortune, Horace acter rather than the color of their skin. That OF WASHINGTON began to give back to Colorado. is what we all want. IN THE HOUSE OF REPRESENTATIVES Horace donated to schools and churches, By holding the Black and White Scholarship placing special emphasis on Leadville and Ball, the Montford Point Marine Association Tuesday, February 1, 2000 Denver. He was honored by the state of Colo- Ladies Auxiliary did what Dr. King said to do. Mr. SMITH. Mr. Speaker, I rise to express rado in many ways. He served as Leadville’s The Members of that Organization listened, my support for the biotechnology industry in first Mayor, appointed Lieutenant Governor of heard, and responded accordingly. Washington State and throughout the country. Colorado and served as a United States Sen- While such an event required the tireless ef- The Puget Sound region of Washington State, ator. He built the Tabor Opera House in forts of many, there are two who deserve our

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS E44 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2000 applause and special recognition. Mrs. Jac- of these women will die from this disease. oring Dr. Charles H. McCollum. Dr. McCollum queline Barton, the Ball Chairperson and Mrs. This cancer too has a premalignant state has been selected by the Houston Surgical Cushmeer Singleton, the Co-Chair went above which may be reversed with exposure to pro- Society to receive their ‘‘Distinguished Hous- and beyond the call of duty in planning, pre- gesterone compounds. Such trials are ongoing ton Surgeon’’ award for 2000. Dr. McCollum paring, organizing and executing the Scholar- and also represent an opportunity to prevent has a long and honorable list of achievements ship Ball. I am told it was the most successful this most common gynecologic cancer. and service to both our nation and our local ever. Ovarian cancer strikes 1 in 55 women and community. Much of our hope for the future is engen- an estimated 14,500 women die from it each Dr. McCollum was born in Fort Worth, TX in dered by Dr. King’s glorious past. Recall what year. Five to 10 percent of these cancers arise 1934. He graduated from the University of he told us. in families with mutations, and efforts under- Texas in Austin with a bachelor of arts degree When we allow freedom to ring, when we way to study these families are critical to un- in 1955. Dr. McCollum then continued his edu- let it ring from every village and every ham- derstanding how the disease arises and may cation at the University of Texas Medical let, from every state and every city, we will someday be prevented. Branch in Galveston, where he received his be able to speed up that day when all of Clinical trials are frequently the best option medical degree. Soon after completing his God’s children, black men and white men, of state-of-the-art cancer treatment. Approxi- residency at the University of Pennsylvania, Jews and Gentiles, Protestants and Catho- lics, will be able to join hands and sing in the mately 2 to 3 percent of adults diagnosed with Dr. McCollum was promoted to captain of the words of the old Negro spiritual: ‘‘Free at cancer participate in clinical trials. The current U.S. Army Reserve, where he served until last! Free at last! Thank God Almighty, we trends with regard to participation in clinical re- 1969. are free at last.’’ search for adults diagnosed with cancer are In 1975, he was named president of the In these very troubling times for our youth, jeopardizing our ability to facilitate progress Texas Chapter of American College of Chest freedom is ringing for some of our young peo- against cancer in this country. Clinical trials Physicians. In 1977, he was named an officer ple because of the work of the Montford Point are the best way to translate research with the Michael E. DeBakey International Sur- Marine Association Chapter 10 and Ladies progress into effective cancer treatments and gical Society, a position he held until 1992. He Auxiliary and because of the efforts of Mrs. preventive strategies that might save the lives has also been president of the Houston Sur- Jacqueline Barton and Mrs. Cushmeer Sin- of the approximately 563,100 Americans who gical Society, Southwestern Surgical Society, gleton. will die from cancer each year. and the Texas Surgical Society. Dr. McCollum f As a strong supporter of medical research, has also held several appointments with clinical trials, and the efforts of SGO’s Presi- Baylor College of Medicine including his PERSONAL EXPLANATION dent, William J. Hoskins, M.D., at Memorial present position as professor of surgery. Sloan-Kettering Cancer Center, I commend Mr. Speaker, this is only a brief glimpse of HON. TILLIE K. FOWLER the Society of Gynecologic Oncologists and its Dr. McCollum’s illustrious career in serving our OF FLORIDA members, some of who reside in my district, community, State, and country. I ask that my IN THE HOUSE OF REPRESENTATIVES for their dedication and commitment to improv- colleagues join me today in honoring Dr. ing the quality of care for our mothers, grand- Charles H. McCollum. Tuesday, February 1, 2000 mothers, and daughters in their fight to win the Mrs. FOWLER. Mr. Speaker, on Monday, battle against gynecologic cancers. f January 31, 2000, I was unavoidably absent f TRIBUTE TO JUSTICE STANLEY from this chamber due to business in my dis- MOSK trict and therefore missed rollcall vote 2 (on HONORING FRANCIS S. BRAMWELL passage of H. Con. Res. 244) and rollcall vote 3 (on passage of H.R. 2130). Had I been HON. SCOTT McINNIS HON. HOWARD L. BERMAN present, I would have voted ‘‘yes’’ on both roll- OF COLORADO OF CALIFORNIA call votes 2 and 3. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Tuesday, February 1, 2000 Tuesday, February 1, 2000 TRIBUTE TO THE SOCIETY OF Mr. MCINNIS. Mr. Speaker, I would like to Mr. BERMAN. Mr. Speaker, I rise today to GYNECOLOGIC ONCOLOGISTS take a moment to pause and remember a life- pay tribute to one of the giants of American ju- long resident of Chromo, Colorado, Mrs. risprudence, California Supreme Court Justice HON. NITA M. LOWEY Francis S. Bramwell who died on November Stanley Mosk. OF NEW YORK 17, 1999. Justice Mosk is recognized as one of the IN THE HOUSE OF REPRESENTATIVES Mrs. Frances Shahan Bramwell was born on finest constitutional lawyers in the United September 3, 1911, in Chromo, Colorado. She States. He was appointed to the Supreme Tuesday, February 1, 2000 married Edwin J. Bramwell in 1941 and the Court by Governor Edmund G. ‘‘Pat’’ Brown in Mrs. LOWEY. Mr. Speaker, I rise today to couple ranched in Chromo for many years. 1964 and was confirmed for a new 12-year recognize the Society of Gynecologic Mrs. Bramwell was active in 4–H, serving as term in 1986. This month, he becomes the Oncologists as they gather in San Diego for an Archuleta County leader for several years. longest serving justice in the history of the their 31st Annual Meeting this week. The Soci- She was a member of the Colorado Cowbells California Supreme Court. ety of Gynecologic Oncologists is a nonprofit, and served as president of the local chapter. I am honored to ask that the United States international organization dedicated to improv- She will be remembered by all of those who House of Representatives take note of this ing the care of women with gynecologic can- knew her as a generous person who enjoyed milestone—yet another in the career of this cer, raising standards of practice in cooking and helping those in need. She was distinguished jurist. His lifetime is one marked gynecologic oncology and encouraging on- also a cherished mother and grandmother who with superlatives. going research. loved spending time with her family. Early in his career, he served four years as An estimated 12,800 cases of invasive cer- It is with this, Mr. Speaker, that I would like executive secretary and legal advisor to vical cancer occurred in the United States in to pay tribute to Mrs. Bramwell and her efforts Culbert Levy Olson, the first Democratic Gov- 1999, which lead to 4,800 deaths. These to make her community a better place to live. ernor of California of this century. From 1943 cases occur predominantly among the eco- f to 1958, he served as a judge of the Superior nomically disadvantaged. This cancer has a Court of Los Angeles—the youngest Superior well recognized preinvasive state; and enroll- HONORING DR. CHARLES H. Court judge in history. In 1958, he was elected ing more of the cases with preinvasive dis- MCCOLLUM Attorney General of California with more than ease into ongoing vaccine trials would give us a million vote margin over his opponent, the an opportunity to prevent cervical cancer, HON. GENE GREEN largest majority of any contest in America that which would be a benefit not only to the OF TEXAS year. He was overwhelmingly re-elected in United States, but to the 400,000 women IN THE HOUSE OF REPRESENTATIVES 1962. world wide who develop cervical cancer each As Attorney General, Mosk issued about year. Tuesday, February 1, 2000 2,000 written opinions, argued before the U.S. In 1999, an estimated 37,400 women were Mr. GREEN of Texas. Mr. Speaker, I rise and California supreme courts and authored diagnosed with endometrial cancer and 6,400 today to ask my colleagues to join me in hon- some of California’s most innovative legislative

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E45 proposals in the area of crime and law en- change and growth for himself and for his par- She will be missed and I hope the Washington forcement. He was the creator of new divi- ish. For his thirty-five years of priesthood, Fa- state community will work hard to continue the sions in the Attorney General’s office to han- ther Keller has provided patience and listening efforts for the causes she fought so hard for dle anti-trust, constitutional rights, consumer to all those in need. His true depth of heart is throughout her life. fraud and investment fraud problems. apparent in his statement to his Congregation f As a justice on the California Supreme that, ‘‘I am more present to myself with you Court, he has authored many of the court’s than when I am entirely alone.’’ I urge all of 2000 COLORADO BUSINESS HALL OF most important opinions and is a distinguished my colleagues to please join me in honoring FAME INDUCTEE, ED McVANEY and sought-after author, lecturer and teacher Father Keller’s twenty-five years as Pastor of nationally and internationally. St. Adalbert Church. HON. SCOTT McINNIS Earlier this year, Justice Mosk was honored f OF COLORADO by the California State Bar with the prestigious IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO HAZEL WOLF Bernard E. Witkin Medal. This award reads as Tuesday, February 1, 2000 follows: ‘‘Unfailing in courtesy, kindness and Mr. MCINNIS. Mr. Speaker, I would like to collegiality, Justice Mosk’s modest demeanor HON. ADAM SMITH take this opportunity to recognize an inductee belies the magnitude of his contributions to the OF WASHINGTON for the 2000 Colorado Business Hall of Fame, development of California law.’’ IN THE HOUSE OF REPRESENTATIVES Mr. Ed McVaney. That ‘‘magnitude of his contributions’’ was Tuesday, February 1, 2000 Jointly produced by the Denver Metro recently described in the Albany Law Review: Mr. SMITH of Washington. Mr. Speaker, I Chamber of Commerce and Junior Achieve- ‘‘An institution, an icon, a trailblazer, a legal ment, the Colorado Business Hall of Fame scholar, a constitutional guardian, a veritable rise today to pay tribute to a true leader and pioneer who touched the hearts of the people recognizes outstanding Colorado businesses living legend of the American judiciary, Justice and civic leaders from the past and present, Mosk has courageously and wisely labored for of Washington state. Hazel Wolf, who passed away on January 20, 2000, spent her 101 publicizes the contributions of business lead- more than three decades as one of the most ers to our community and promotes the impor- influential members in the history of one of the years as a passionate environmentalist, fer- vent human rights activist, and a fighter for the tance and value of the private enterprise sys- most influential tribunals in the western world.’’ tem. I ask my colleagues now to join me in hon- underdog. She is a shining example of a per- son with passion who truly made a contribu- One of this year’s inductees, Ed McVaney, oring Justice Mosk for his extraordinary con- is the cofounder and chairman of J.D. tributions and achievements. I am extremely tion to life in the Pacific Northwest in the 20th Century. Edwards, a Denver-based software company proud to celebrate his years of service to Cali- that develops highly functional enterprise re- fornia and to the nation. Born in 1898 in British Columbia, Ms. Wolf led an extraordinary life. During the Depres- source planning software to facilitate the oper- f sion, employed by the Works Project Adminis- ation and management of complex enter- IN HONOR OF FR. GERALD KELLER tration, she set about unionizing workers. In prises. 1979, she helped to organize the Indian Con- Ed McVaney graduated from the University HON. DENNIS J. KUCINICH servationist Conference. In 1990, Ms. Wolf of Nebraska-Lincoln in 1964 with a bachelor’s met a Soviet delegation and held discussions degree in mechanical engineering. Ed began OF OHIO work as an operations research engineer and IN THE HOUSE OF REPRESENTATIVES which paved the way for the founding of the Leningrad Audubon Society. Like former Presi- software specialist for Bell Systems while still Tuesday, February 1, 2000 dent Jimmy Carter and Senator Dan Evans, in college. He earned an MBA from Rutger’s Mr. KUCINICH. Mr. Speaker, I rise today to she was sent as an observer to the 1990 Nic- University in 1966. He worked in the software honor Father Keller’s twenty-five years as araguan elections. area of Grant Thronton & Co. and Peat, Pastor of St. Adalbert Church. Father Keller Ms. Wolf has played a prominent role in en- Marwick Mitchell. has dedicated his life to serving his church vironmental efforts in local national and inter- Mr. McVaney and his wife, Carole, have al- and community. His love and caring have national arenas. In addition to co-founding the ways been strong advocates of higher edu- touched all those who know him. Seattle Audubon Society, where she worked cation. They have given generous donations Father Keller was appointed Pastor of St. as secretary for 26 years, she set up more to the University of Nebraska-Lincoln. The do- Adalbert Parish on October 25, 1974. From than 20 other local chapters, like the Black nation established the J.D. Edwards Honors this date on, he employed his deep faith and Hills Audubon Society. Ms. Wolf was also the Program for Computer Science and Manage- enthusiasm to meet whatever challenges president of the Federation of Outdoor Clubs ment. Mr. McVaney’s contributions to the software awaited him. In addition to providing weekday and editor of its magazine, Outdoor West, industry as well as the Denver economy are and weekend masses, wedding and funeral member of the National Audubon Society, the unmatched. It is because of these contribu- liturgies, monthly baptisms, and annual com- Sierra Club, Greenpeace, and the Earth Island tions, his leadership and vision that Ed munal anointing of the sick, Father Keller has Institute. Her endeavors to improve environ- McVaney is so well-known and widely re- introduced the program of Christ Renews his mental safety in low income inner-city housing spected in Colorado. Parish, begun a Baptismal program for par- were through the Community Coalition for En- It is with this, Mr. Speaker, that I would like ents, chaplained the Southwest Hospital, and vironmental Justice, which she also co-found- to congratulate Mr. Ed McVaney and thank initiated the Spiritual Life Commission. ed. him for his commitment to his field and our Through the years since 1974 the Parish has Ms. Wolf was a recipient of a number of community. also initiated Holy Hour on Saturday after- awards. These include the Washington State noons, retreats for parish youth, Vacation Department of Game’s Award for services in f Bible School, separate Men’s and Women’s protection of wildlife (1978); the State of CELEBRATING THE 20TH ANNIVER- retreats, and parish missions. Through his Washington Environmental Excellence Award SARY OF THE LATINO LEARNING selfless work and dedication, Father Keller has (1978); State University of New York’s Sol CENTER created a church abound with opportunities for Feinstein Award for her work with Seattle spiritual growth. Audubon’s Trailside Series of books on the HON. GENE GREEN Born on April 2, 1938, to John and Jose- Northwest; the National Audubon Society’s OF TEXAS phine Keller, Father Keller entered St. Greg- Conservationist of the Year Award (1978); the IN THE HOUSE OF REPRESENTATIVES ory’s Seminary in Cincinnati in September of Association of Biologists and Ecologists of 1956. On May 22, 1965 Father Keller was or- Nicaragua’s Award for nature conservation Tuesday, February 1, 2000 dained. The following day he offered his first (1988); the People’s Daily World’s Newsmaker Mr. GREEN of Texas. Mr. Speaker, I rise Mass at his home parish, Nativity of the Award; and the Washington State Legislature today to celebrate the 20th anniversary of the B.V.M. Father Keller was later assigned to St. Award for environmental work. The Women in Latino Learning Center and to express my ap- Matthew’s Parish, and then to St. Barnabas, a Communications group bestowed her with preciation to everyone associated with this larger suburban parish with greater demands, their top honor, the Matrix Award for Women wonderful organization. The Latino Learning before joining St. Adalbert Church. of Achievement. Center was founded in November 1979 to pro- Looking back at the past twenty-five years, Hazel Wolf made an indelible mark on our vide employment and educational needs in our Father Keller finds that it has been a time of community, our environment and our heart. community and is governed by a 15-member

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS E46 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2000 board of directors comprising of community, Republic. On January 26, 1950, India pro- Suhaila Nasser, a Palestinian born in Jeru- civic and corporate leaders. This mission of claimed itself a sovereign nation governed by salem, immigrated to the United States in the Latino Learning Center is to see that all its own Constitution. Republic Day is cele- 1961. Despite living far from her native region, low-income people in Houston, specifically the brated on the 26th of January each year. It is she has immersed herself in the task of pro- residents of near East End and near North a major national holiday in India celebrating viding medical assistance to the Palestinian Side communities, have the opportunity for the culmination of the Indian movement to- people. In 1988, after undergoing a mastec- education and human support services. ward self-government that began on August tomy, Mrs. Nasser formed the Palestinian Chil- Since its inception, the Latino Learning Cen- 15, 1947, with India’s Declaration of Independ- dren’s Relief Fund, a non-profit organization ter has dutifully provided these services and ence. FICA has celebrated this important dedicated to securing medical treatment for has positively impacted the lives of our citi- event with an annual dinner for over thirty suffering children. zens. The Latino Learning Center’s success is years. Governor Robert Taft of Ohio recog- Thanks to Mrs. Nasser’s efforts, since 1990 widely known and has resulted in more than nized the significance of this day by pro- more than 100 children have been brought to 6,000 individuals graduating from its training claiming January 26, 2000 Republic of India the United States for reconstructive surgery programs. day for Ohio. and specialized medical services. In addition, The Latino Learning Center has a very inter- India is a highly diverse country with more six teams of doctors from the United States, than fourteen major languages and at least as esting history. It was established as a Texas Italy, England, and Belgium have traveled to many distinct cultures. The Federation of India nonprofit organization. It received a donation Jerusalem and the West Bank to operate on Community Associations is an umbrella orga- of land and buildings in 1981–82 from the children. nization for various Asian Indian groups Magnolia Business Center, Inc. Since the I ask my colleagues to join me in saluting throughout Northeast Ohio. For the past thirty buildings were previously used as ware- Ilse Kahn and Suhaila Nasser, whose dedica- years it has published The Lotus, a monthly houses, significant renovation was necessary tion to the plight of children living in the Middle community newspaper, and organized celebra- in order to upgrade the facility. The Latino East inspires us all. I salute them for their tions for major Indian holidays and festivals. Learning Center’s founders embarked upon an courage and commitment to a just cause. FICA maintains the India Community Center in aggressive fundraising campaign to secure the Cleveland Heights and supports community f initial $150,000 necessary for the renovation service to the more needy in the area. The process. Asian Indian community in Greater Cleveland HONORING RAY LITTLEFIELD As the result of the boards diligence, suffi- contributes extensively to the economic, social cient charitable gifts from the private sector and cultural richness of the area. Members’ HON. SCOTT McINNIS were obtained to structurally transform the work in government, education, business, OF COLORADO building and acquire adjacent parking space. medicine, science, law and social service has Due to generous philanthropic participation of created strong and lasting relationships with IN THE HOUSE OF REPRESENTATIVES many Houstonians, private sector support and the entire community. Tuesday, February 1, 2000 some public sector funds, the Latino Learning My fellow colleagues, join with me in con- Mr. MCINNIS. Mr. Speaker, I would like to Center became an established reality. In July gratulating this great cultural organization, take a moment to pause in remembrance of a 1984, an open house ceremony was held and along with all the people of India and Indian man that will be missed by everyone that classes and community services began within descent, on the 50th anniversary of the estab- knew him, Mr. Ray Littlefield. the year. lishment of the Republic of India. Over the past 20 years, the Latino Learning Raymond Littlefield was born in Houston, f Center has established strong ties with the Texas on March 8, 1929, and passed away on community by serving as a Multipurpose cen- TRIBUTE TO ILSE KAHN AND November 26, 1999, in Albuquerque, New ter. The Latino Learning Center is utilized by SUHAILA NASSER Mexico. many civic organizations including LULAC, the Mr. Littlefield served as a second lieutenant American GI Forum, the Mexican-American HON. HOWARD L. BERMAN in the United States Naval Reserve, past president of the North Austin Rotary Club, Sheriff’s Organization, the Union of Hispanic OF CALIFORNIA past president of Austin Woods and Water METRO employees, the Hispanic Organization IN THE HOUSE OF REPRESENTATIVES of Postal Employees—HOPE, and many oth- Club, past president of Austin Apartment As- ers. It is also used to conduct meetings, plan Tuesday, February 1, 2000 sociation, a member of the Association of events of benefit for the community, conduct Mr. BERMAN. Mr. Speaker, I rise to pay General Contractors and a member of the community/media press conferences, and per- tribute to Ilse Kahn and Suhaila Nasser, who American Institute of Architecture. form special events such as dispensing food this year are receiving the Lifetime Commit- Mr. Littlefield moved to Pagosa Springs, baskets for the poor during the holiday sea- ment to Peace Award from the American Colorado in 1984. He was the founder, archi- son. Friends of Neve Shalom/Wahat Al-Salam tect and developer of the Pine Ridge Ex- Mr. Speaker, I am proud to congratulate the Southern California Chapter. Ilse Kahn and tended Care Center. His experience and life- Latino Learning Center on its 20th anniver- Suhaila Nasser, who live in Southern Cali- long love of the Colorado Rockies and the sary, and I hope they remain in our community fornia, have made their own outstanding con- Pagosa Springs area placed him in the unique for many years to come. I also ask that my tribution to the cause of peace and under- position to recognize the need for a facility colleagues in the House join me in expressing standing in the Middle East. They embody the that cares for the elderly. Pine Ridge Ex- our appreciation for the services and the com- new spirit of reconciliation in the region. tended Care Center became just that. mitment of everyone associated with this won- A survivor of the Holocaust, Mrs. Kahn has It is with this, Mr. Speaker, that I would like derful center. worked tirelessly to bring together Arab and to pay tribute to Mr. Littlefield for all that he Jewish children in an environment of peace did in order to make Pagosa Springs a better f and friendship. She was one of the founders community. of the Southern California chapter of Neve IN HONOR OF THE 50TH ANNIVER- f SARY OF THE REPUBLIC OF Shalom/Wahat Al-Salam, the joint Palestinian/ INDIA Jewish community in Israel. Mrs. Kahn has PERSONAL EXPLANATION been active in the bilingual and bicultural nurs- ery, kindergarten and primary school located HON. DENNIS J. KUCINICH in the community. Her efforts have helped a HON. JOHNNY ISAKSON OF OHIO generation of Palestinian and Jewish children OF GEORGIA IN THE HOUSE OF REPRESENTATIVES build strong ties and close relationships. IN THE HOUSE OF REPRESENTATIVES As busy as she is with the Southern Cali- Tuesday, February 1, 2000 Tuesday, February 1, 2000 fornia chapter, Mrs. Kahn somehow finds the Mr. KUCINICH. Mr. Speaker, I rise today to time to be involved with other special causes, Mr. ISAKSON. Mr. Speaker, on rollcall Nos. congratulate the Federation of India Commu- including LA’s Best, an enrichment program 2 and 3, I was unavoidably detained due to in- nity Associations of N.E. Ohio on the 50th An- for school age children in Watts. She is also clement weather. Had I been present, I would niversary of the establishment of the Indian a member of the League of Women Voters. have voted ‘‘yes’’ on both bills.

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E47 RESOLVING THE CONFLICT IN SRI On H. Con. Res. 244, authorizing use of the On December 31, 1999, the Houston Chron- LANKA rotunda for a Holocaust memorial introduced icle published an article written by Stuart Lutz by the gentleman from California, Mr. THOMAS, in which he makes the case that President HON. MICHAEL E. CAPUANO I would have voted ‘‘yea.’’ Johnson should be considered the most influ- OF MASSACHUSETTS On H.R. 2130, the Hillory J. Farias Date- ential American of the past 50 years. In his ar- IN THE HOUSE OF REPRESENTATIVES Rape Prevention Act introduced by the gen- ticle, Mr. Lutz writes that ‘‘the 36th president, Tuesday, February 1, 2000 tleman from Michigan, Mr. UPTON, I would in his 62-month term, radically advanced civil have voted ‘‘yea.’’ rights, initiated dozens of progressive federal Mr. CAPUANO. Mr. Speaker, I submit the f programs to eradicate poverty and train new following article from The Boston Globe on workers, expanded a small war in Southeast December 23, 1999 for the RECORD. The au- 2000 COLORADO BUSINESS HALL OF Asia and caused Americans to question the in- thor of this article, Shri Srithilliampalam, is FAME INDUCTEE, KATHRYN tegrity of the presidency.’’ He concludes by very active in calling for observance of human ‘‘KITTY’’ HACH-DARROW stating that ‘‘it is hard, however, to see that rights in Sri Lanka and a peaceful settlement anyone has had a greater influence on Ameri- to the 17-year conflict. We must encourage HON. SCOTT McINNIS cans’ everyday lives over the past 50 years the parties involved to stop the terror and ne- OF COLORADO than the Texas giant, Lyndon Johnson.’’ gotiate a peaceful end to this war. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I would like to conclude my re- [From The Boston Globe, Dec. 23, 1999] Tuesday, February 1, 2000 marks by including, in its entirety, this very im- PROMOTING PEACE IN SRI LANKA portant article Bosnia, Chechnya, Kosovo, East Timor— Mr. MCINNIS. Mr. Speaker, I would like to THE CASE FOR A TEXAS GIANT AS MAN OF THE these are the civil and intercommunal wars take this opportunity to recognize an inductee HALF CENTURY that have aroused horror and sympathy in for the 2000 Colorado Business Hall of Fame, (By Stuart Lutz) the past few years. But in Sri Lanka there is Ms. ‘‘Kitty’’ Hach-Darrow. another internecine conflict no less tragic, a Jointly produced by the Denver Metro The Great Society, the Civil Rights Act of war that has waxed and waned intermit- 1964, the Gulf of Tonkin, Medicaid, the credi- tently since 1983, destroying more than 60,000 Chamber of Commerce and Junior Achieve- bility gap, Vietnam and the War on Poverty. lives. ment, the Colorado Business Hall of Fame These actions and events are among the Now, with the results in from Tuesday’s recognizes outstanding Colorado businesses most powerful of the second half of the 20th presidential election and Chandrika and civic leaders from the past and present, century. They also all have the indelible Kumaratunga re-elected with a dramatically publicizes the contributions of business lead- stamp of Lyndon Baines Johnson, the most reduced majority of only 51 percent, the time ers to our community and promotes the impor- influential American of the past 50 years. is ripe for an international peacemaking ini- The 36th president, in his 62-month term, tiative. All the humanitarian justifications tance and value of the private enterprise sys- tem. radically advanced civil rights, initiated doz- for saving lives in Kosovo, Bosnia, East ens of progressive federal programs to eradi- Timor, and Chechnya apply in the conflict One of the leading producers of laboratory cate poverty and train new worker, expanded between the Sinhalese majority in Sri Lanka and water monitoring equipment in the coun- a small war in Southeast Asia and caused and the Tamil minority. Civilians, try, the Hach Chemical Co., as it was known Americans to question the integrity of the conscripts, and victims of terrorist bombings originally, was started in 1948 by Kathryn and presidency. His forceful actions that greatly all deserve to be saved from a senseless rep- Clifford Hach. Kathryn was the first woman di- changed America for the better and worse etition of murder and mayhem that can be rector of the American Water Works Associa- came in four distinct areas: civil rights; ended only by a negotiated solution. Vietnam; governmental lying; and progres- Chandrika, as the president is known to her tion and has served on numerous committees. She was the first woman to serve as director sive domestic legislation. Let’s examine compatriots, was elected five years ago as them one by one: the leader who would bring peace to Sri of the First National Bank of Loveland and Civil rights. Johnson desperately wanted Lanka. But instead of trying to end the kill- currently serves on the executive committee of to be remembered as the president who did ing by granting autonomy to the Tamil Northwood University. She was named the more for African-Americans than anyone areas in the north and east of the country, 1993 Woman of the Year by the Colorado since Abraham Lincoln. Using his trademark she yielded to hard-line arguments for a de- legislative maneuvering in the wake of the cisive military solution. In turn, the Tamil Women’s Chamber of Commerce and is a Kennedy assassination, he secured passage of Tigers have shown no willingness to end founding member of the Committee of 200 Ex- the 1964 Civil Rights Act. In a few pen their campaign of murder and terror. ecutive Women. In a scorched-earth offensive this year, In addition to her professional accomplish- strokes, he outlawed segregation in employ- ment and public accommodations, thus giv- government troops occupied most of the ments, Kitty received her pilot’s license in Tamil homeland. But this fall the Liberation ing Dr. Martin Luther King Jr’s goal of ra- 1954 and has been flying ever since. She is cial equality a legislative framework. Tigers of Tamil Eelam overran one govern- a member of the Ninety-Nines, an international ment outpost after another. It should be To further his commitment to civil rights, clear by now that the government’s tactics organization of licensed women pilots. LBJ signed the 1965 Voting Rights Act that succeeded only in driving the moderate Kathryn’s legacy will continue to live on in banned literacy tests, encouraged minority Tamil population of the north and east into the company she built as well as her unfailing voter registration and empowered the federal the hands of the Tigers. The war is commitment to excellence in her personal and government to enforce its provisions. He also unwinnable. professional lives. appointed Thurgood Marshall as the first Af- The time has come for third-party medi- rican-American Supreme Court justice. It is with this, Mr. Speaker, that I would like Johnson’s actions changed voting blocs and ation. Washington is unwilling to play that to congratulate ‘‘Kitty’’ on being a 2000 Colo- role, but just as Norway originally midwifed paved the way for minority Cabinet mem- the Oslo accords between Israelis and Pal- rado Business Hall of Fame Inductee. She is bers, mayors and governors. Most impor- estinians, an impartial country could medi- an inspiration to many and a great American. tantly, to America’s youth today, ‘‘Colored’’ ate peace talks. Such talks should be pre- f signs and segregated accommodations are ceded by a cease-fire, a withdrawal of gov- antiques of the foggy past. ernment troops, and the provision of food RECOGNIZING PRESIDENT LYNDON Vietnam. This was the most important and and medical aid to civilians in the north and B. JOHNSON’S ACCOMPLISH- influential American event in the second east. If the principle of an international hu- MENTS IN THE 20TH CENTURY half of the 20th century. Johnson turned a manitarian obligation is to have any mean- small conflict into a war involving over ing, it must be applied consistently. 500,000 American troops. After the manufac- HON. GENE GREEN tured Gulf of Tonkin ‘‘incident’’ in August f OF TEXAS 1964, Johnson secured the right to wage vir- PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES tually unlimited war on North Vietnam and knowingly lied about the war’s failing re- Tuesday, February 1, 2000 sults. Vietnam assumes such overriding im- HON. MAJOR R. OWENS Mr. GREEN of Texas. Mr. Speaker, it is no portance in the second half of the century OF NEW YORK secret that I greatly admire President Lyndon because it is the defining and dividing event IN THE HOUSE OF REPRESENTATIVES B. Johnson. Beginning last year, I have sub- for the baby boom generation, since vir- Tuesday, February 1, 2000 tually all males needed to decide whether to mitted, for the CONGRESSIONAL RECORD, sev- be drafted, evade the military either legally Mr. OWENS. Mr. Speaker, I was unavoid- eral well written articles regarding the accom- or illegally, or flee to Canada. ably absent on a matter of critical importance plishments of this historic Texan. Even today, Since Lyndon Johnson’s war, the American and missed the following recorded votes: his domestic agenda still influences our lives. public has been reluctant to allow presidents

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS E48 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2000 to send troops abroad—whether to Grenada, Mr. Sustar is a true believer and promoter of REMARKS ON ALASKA AIRLINES Iraq or Bosnia. Vietnam caused American apprenticeship and training programs that ad- FLIGHT 261 CRASH foreign policy to become more isolationist vocate Machine Trades Industry and Manufac- and made Americans reconsider Teddy Roo- sevelt’s vision of our role as the world’s po- turing careers. His leadership in organizations liceman. such as the National Tooling and Machining HON. DON YOUNG Association, both the Cleveland Chapter and Government lying. When Johnson was in- OF ALASKA augurated at Dallas’ Love Field following the National Association, and the Ohio Tooling John Kennedy’s assassination, Americans re- and Machining Association, which he co- IN THE HOUSE OF REPRESENTATIVES spected and generally believed their presi- founded in 1990, show his commitment to the Tuesday, February 1, 2000 dents. By early 1968, LBJ’s self-created industry. ‘‘credibility gap’’ forced him to give speeches only at military bases, and he chose not to Mr. Sustar is also an active member of the Mr. YOUNG of Alaska. Mr. Speaker, I rise run for re-election. Johnson’s falsehoods local community serving on many business today in regards to yesterday’s crash of Alas- about Vietnam led Sen. Robert Kennedy of advisory councils for educational facilities such ka Airlines Flight 261. In all, an estimated 88 New York, his challenger for the Democratic as Cuyahoga Community College and Mentor people lost their lives off the southern coast of nomination, to state that Johnson ‘‘tells so Public Schools. He is also a member of the California at 4:36 p.m. Unfortunately, it is too many lies that he convinces himself he’s Board of Trustees for Lakeland Community early to know the cause of this devastating telling the truth.’’ College for 11 years where he established a crash. Our prayers go out to all the family and Although Richard Nixon was the only Machine Trades Apprenticeship Program. president to resign, LBJ’s administration set friends of those who lost their loved ones in the stage. Since Johnson’s term in office, the Roger J. Sustar has been featured in many the crash. American public has never fully believed the publications and has been a guest speaker at Among Alaska Airlines Flight 261 were an statements of succeeding presidents, whether many business and education lectures where it was Ronald Reagan’s poor recollection of he continues to promote the industry. He has estimated five Alaskans. Included were Mal- the Iran-contra scandal or Bill Clinton’s ‘‘I also received many awards and honors for his colm Branson and his fiance, Janice Stokes, didn’t inhale’’ statement. work in the machine trades industry. both of Ketchikan. Also onboard the airplane Progressive legislation. Lyndon Johnson was Morris Thompson, age 61, his wife Thel- wanted to be best remembered as ‘‘the presi- My fellow colleagues, join me in congratu- lating Roger J. Sustar for his achievements ma and daughter Sheryl. The Thompson’s dent who educated young children . . . were returning to Alaska after a family vaca- helped to feed the hungry . . . and helped the and for assuming the position of Chairman of poor to find their own way.’’ Johnson’s pro- the Board for the National Tooling and Ma- tion in Mexico. gressive domestic legislation, popularly chining Association. Morris Thompson, Thelma, Lu and I have known as the Great Society, included Medi- been friends for more than 40 years. Thelma, care and Medicaid, the Job Corps, Head f an experienced dog musher and Morris were Start, the Water Quality Act, the Clean Air married a year after Lu and I were married. Act, the Fair Packaging and Labeling Act PERSONAL EXPLANATION and the Highway Safety Act. These laws not Morris and I followed each other on similar only increased the power of the federal gov- paths to public office. Oftentimes we spent ernment and made it a watchdog for citizens, HON. HERBERT H. BATEMAN time together in Juneau, Alaska, when I they provided a safety net for all, particu- OF VIRGINIA served in the State Legislature and later in larly the poor, elderly and disadvantaged. Washington, DC where I served as Congress- With the exception of Franklin Roosevelt, IN THE HOUSE OF REPRESENTATIVES man and Morris served as commissioner of no other 20th-century president has passed so Tuesday, February 1, 2000 much influential domestic legislation. the Bureau of Indian Affairs. Today, Johnson’s three-decade-old vision is Mr. BATEMAN. Mr. Speaker, I missed two After his public service, Morris became hotly debated on Capitol Hill as Congress votes on January 31, 2000. Had I been president and chief executive officer of Doyon, tries to decentralize welfare and keep Medi- present, I would have voted as follows: Roll- Ltd., a Native Corporation formed in 1971 as care afloat. call vote No. 2, H. Con. Res. 244, ‘‘aye’’. Roll- Many Americans have had a profound ef- part of the Alaskan Native Claims Settlement fect over the past half century. It is hard, call vote No. 3, H.R. 2130, ‘‘aye’’. Act. At Doyon, Morris turned an operating loss however, to see that anyone has had a great- of $28 million into $70.9 million in revenues er influence on Americans’ everyday lives f and the largest private landowning corporation over the past 50 yeas than the Texas giant, in America. Morris Thompson retired in Janu- Lyndon Johnson. HONORING BESSIE CROUSE BOREN MILLER ary and was considered a great Native leader, f businessman, and friend. I had a conversation IN HONOR OF ROGER J. SUSTAR with Morris just last month and he was de- HON. SCOTT McINNIS scribing to me the cabin he planned to build HON. DENNIS J. KUCINICH OF COLORADO on the Yukon River and his optimism for the IN THE HOUSE OF REPRESENTATIVES future. OF OHIO IN THE HOUSE OF REPRESENTATIVES Tuesday, February 1, 2000 Morris Thompson, his wife Thelma and daughter Sheryl spent a great deal of time Tuesday, February 1, 2000 Mr. McINNIS. Mr. Speaker, I would like to with me and my family. In fact, we rang in the Mr. KUCINICH. Mr. Speaker, I rise today to take a moment to pause and remember the New Millennium with Sheryl. Sheryl Thompson honor Mr. Roger J. Sustar who has assumed life of a woman that always had an open heart grew up with our daughters and became so the role of Chairman of the Board of the Na- and hand to all, Mrs. Bessie Crouse Boren close to our family that we considered her part tional Tooling and Machining Association Miller. of the family. Morris is survived by two young (NMTA). Mrs. Miller was born on February 4, 1920, daughters named Nicole and Allison and two Roger J. Sustar’s choice for the year 2000 in Montezuma, Kansas, to Joseph Oliver grandsons Christopher and Warren. theme, ‘‘Training Today for Tomorrow’s Work- Crouse and Edith Angelique Fincher Crouse. I will always have fond memories of the force,’’ demonstrates his dedication to edu- She moved with her family to the Eastern Thompson family. Such as Morris and I duck cation and to the skill trades workforce. Mr. slope of Colorado in a covered wagon. There, hunting on the Yukon River, Thelma mushing Sustar, a native of Cleveland, Ohio, has been in Villgreen, Colorado, she attended school. involved in the Machine Trades Industry since She was known as a very athletic person and her dog’s, and Sheryl managing the extreme his first job with Non Ferrous Metals Fabri- loved to run track. skiing association in Valdez. God Bless the cating in 1965. He has been with Fredon Cor- Mrs. Miller was known for her cooking in all memories we have. poration since 1969 (celebrating its 31st anni- of the local cafes. She was also known for Morris was a good father, leader and friend, versary this year) and in 1985 became the welcoming anyone and doing anything she as well as being one of the great leaders sole owner and President of Fredon. Fredon could to help. Mrs. Miller loved to read and among the Native community. Lu, and I are in Corporation became the area’s first Boy sing old hymns. shock over this tragic loss. Our prayers go out Scout’s of America Explorer Post 2600 to offer It is with this, Mr. Speaker, that I would like to the Alaska Airlines employees and their an opportunity for students to explore the Ma- to pay tribute to the life of Mrs. Miller, a families, and the families and relatives of the chine Trades Industry. woman with a heart of gold. 88 passengers that were lost.

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E49 PERSONAL EXPLANATION Brand Board and recognizes Colorado lawmen ‘‘TAKE DOWN THE FLAG’’ whose efforts to uphold the state’s livestock HON. TERRY EVERETT law have benefitted the entire livestock indus- HON. JAMES E. CLYBURN OF ALABAMA try. During his 25 years with Otero County, OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Sheriff Eberly has been instrumental in con- IN THE HOUSE OF REPRESENTATIVES Tuesday, February 1, 2000 tinuing and improving the livestock law training Mr. EVERETT. Mr. Speaker, on January 31, classes for law enforcement. Working with the Tuesday, February 1, 2000 I was unavoidably detained and missed rollcall National Guard, Sheriff Eberly and his staff co- Mr. CLYBURN. Mr. Speaker, I rise to speak vote numbers 2 and 3. Had I been present, I ordinated the rescue and helicopter feeding about an issue that is involving my home would have voted ‘‘yes’’ on H. Con. Res. 244, operations for stranded livestock during the State of South Carolina in a national discus- Permitting the Use of the Capitol Rotunda to 1997 blizzard. When floods threatened the Ar- sion. In recent weeks, the discussion over the Commemorate Victims of the Holocaust; and kansas Valley in 1999, his experience and confederate flag flying atop the Statehouse in ‘‘yes’’ on H.R. 2130, the Hillory J. Farias Date- knowledge was important to the area’s ranch- Columbia, South Carolina, has moved from a Rape Prevention Drug Act of 1999. ing businesses. State issue to a national debate. Of all of the f It is with this, Mr. Speaker, that I would like opinions that have been shared throughout to congratulate Sheriff John Eberly and also this debate, I find the following letter the most RECOGNITION OF NATIONAL thank him for his tireless commitment to mak- cogent and concise on this very emotional BIOTECHNOLOGY MONTH ing his community a better place. issue. Mr. Speaker, I submit for the RECORD f the following letter written by Michael A. Allen HON. PATRICK J. TOOMEY TRIBUTE TO THE SOUTHWEST which appeared in the Post and Courier of OF PENNSYLVANIA TEXAS STATE UNIVERSITY ALL- Charleston, South Carolina, on Tuesday, Jan- IN THE HOUSE OF REPRESENTATIVES GIRL CHEERLEADING SQUAD uary 25, 2000. Tuesday, February 1, 2000 [From the Post and Courier, Jan. 25, 2000] Mr. TOOMEY. Mr. Speaker, I rise today to HON. RON PAUL TAKE DOWN THE FLAG commend workers in the biotechnology indus- OF TEXAS As a promoter and preserver of cultural try for their progress in improving the lives of IN THE HOUSE OF REPRESENTATIVES heritage, the South Carolina African Amer- all Americans. We just concluded National Tuesday, February 1, 2000 ican Heritage Council has a keen apprecia- Biotechnology Month, and I would like to take tion and understanding of those who defend a brief moment to highlight the potential that Mr. PAUL. Mr. Speaker, I rise today to con- the flying of the Confederate battle flag on biotechnology has for us in 21st century. gratulate the members of the 1999–2000 that basis. The flag in and of itself is indeed Biotechnology companies are developing Southwest Texas State University All-Girl a part of South Carolina’s heritage. Let’s in- treatments and vaccines for devastating dis- Cheerleading Squad. They recently won first deed preserve the flag and its legacy, even place in the All-Girl Cheer Division at the Uni- though that legacy means different things to eases—such as Parkinson’s, Alzheimer’s, can- different people. cer, and AIDS—that will improve the lives of versal Cheerleading Association’s 2000 Col- lege Cheerleading and Dance Team National Also in our position as preservers of cul- millions of Americans afflicted with these ail- tural heritage, the council board of directors ments. They are also responsible for devel- Championship. The competition was held dur- recognizes the fact that there are places in- oping treatments for smaller diseases harming ing the Universal Cheerleading Association’s appropriate for the conspicuous display of perhaps just a few hundred people, but none- 2000 Championship at Walt Disney World in historic relics. We defend the right of flag theless just as debilitating. In addition, bio- Orlando, Florida, on January 7, 2000. supporters to defend the banner as a relic of technology is about more than just medical re- Located in the Texas Hill Country city of cultural integrity. search. Scientists are beginning to use bio- San Marcos, Southwest Texas State Univer- However, we contend that it is indeed a technology for other uses, such as environ- sity is justifiably proud of their award winning historic relic and that its position above the Statehouse and in the House and Senate mental remediation. All-Girl Cheerleading Squad; Karla Brown, Charissa Canuelle, Lexi Chaleff, Alexandrea chambers is indefensible. The Confederate Furthermore, the biotechnology industry has battle flag in question never truly held a also had a significant positive impact on our Collie, Krystal Davis, Patricia Goolsby, Ashley place of sovereignty even in the days of the nation’s economy. A recent report by the Joint Harmon, Robyn Kyrish, Sara Martinez, Confederacy in the 19th century, but was Economic Committee stated that the bio- Shavaun Moynahan, Aimee Moyers, Nicki carried by troops in battle. This makes it technology industry spent $10 billion on re- O’Riley, Kristi Oberpriller, April Rheinlaender, reprehensible and even baffling to the impar- search and development in 1998, while em- Jennifer Rogers, and Brandi Wilkie. These tal- tial and reasoning mind that such a relic ploying 150,000 workers nationwide. My home ented young women received outstanding would occupy such a position of sovereignty state of Pennsylvania has helped lead the way leadership and support from their coach, in 21st-century South Carolina. in biotechnology, ranking second in the nation Jason Anderson, and the team’s trainer, Scott Not every South Carolinian is a native Southerner. Not every South Carolinian had in the number of jobs based on biotechnology. Chambers. On January 25, 2000, a ceremony was held ancestors who fought, or fought willingly, Congress needs to continue to work with for the Confederacy in the Civil War. Not all the biotechnology industry for an equitable at the Texas State Capitol Building in Austin, South Carolinians, even native white South public-private sector partnership, and make Texas, in honor of the squad. At one o’clock, Carolinians, believe in the ideas of the Con- sure new technologies are not unnecessarily in the historic chambers of the Texas House federacy fought to uphold. And not every slowed by over-burdensome regulations. I of Representatives, State Representative Rick South Carolinian feels good about a flag congratulate the biotechnology industry on its Green presented each of the young cham- flown by the Ku Klux Klan, neo-Nazis and accomplishments and its bright future. pions a copy of a resolution congratulating other racial and ethnic hate groups also hanging in and flying over the halls of gov- f them on their achievement. A Texas flag flown at the request of Representative Green and a ernment of their state, as if to give the im- LAW OFFICER OF THE YEAR, pression, though the impression may be flag of the United States flown at my request false, that this flag is who we all are and SHERIFF JOHN EBERLY were presented to the team. These flags, what we all stand for. flown in recognition of their victory, now frame Therefore, the South Carolina African HON. SCOTT McINNIS the young women’s trophy proudly displayed American Heritage Council now adds its OF COLORADO at their university. voice to the evergrowing chorus of those calling for the removal of the Confederate IN THE HOUSE OF REPRESENTATIVES The squad’s hard work and dedication to purpose reflects the will that built the great flags from atop the South Carolina State- Tuesday, February 1, 2000 State of Texas and our nation. By continuing house, from the Senate and House chambers, from the front ground foyer of the State- Mr. MCINNIS. Mr. Speaker, I would like to this same dedication and work ethic through- house, and for them to be put in a place more take a moment to recognize the Law Officer of out their lives, these young women will suc- fitting for the preservation of cultural herit- the Year recipient, Otero County Sheriff John ceed in all of their future endeavors. It is my age. Eberly of La Junta, Colorado. pleasure to be able to congratulate and recog- MICHAEL A. ALLEN, This award was presented by the Colorado nize these fine young Texans in their achieve- Former Chairman, Cattlemen’s Association and the Colorado ment. S.C. African American Heritage Council.

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS E50 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2000 TRUTH IN BUDGETING ACTS nificant reforms in our current transportation dia’s hand may have been behind the recent infrastructure financing policy. Let me assure Air India hijacking. HON. BUD SHUSTER my colleagues, however, this bill is not meant In November 1994, the Hitavada, a well re- OF PENNSYLVANIA as the single solution or response to the many spected newspaper in India, reported that the IN THE HOUSE OF REPRESENTATIVES issues surrounding the Supreme Court’s Indian government paid Surendra Nath, the March 1998 ruling in U.S. v. U.S. Shoe Cor- late governor of Punjab, one and a half billion Tuesday, February 1, 2000 poration, which invalidated the Harbor Mainte- dollars to foment terrorism in Punjab, Mr. SHUSTER. Mr. Speaker, with several of nance Tax as applied to exports. That issue Khalistan and in Kashmir. Can anyone deny my colleagues from the Transportation and In- has prompted significant debate and con- that a country which would do this is a terrorist frastructure Committee, today I’m introducing troversy, particularly the Administration’s pro- nation? the third in a series of ‘‘Truth in Budgeting posed harbor services user fee and harbor The Indian government intelligence wing, Acts.’’ This bill focuses solely on water trans- services fund. There are other proposals as RAW, supported the militant Liberation Tigers portation—specifically the Harbor Maintenance well that deserve our serious consideration. I of Tamil Eelam to gain control of the port of Trust Fund (HMTF) and the Inland Waterways am also aware that final changes to the budg- Trincomelli. India Today magazine reported Trust Fund (IWTF). As you know, the previous eting process involving the IWTF will need to that the leader of the LTTE was entertained by bills also included the Highway Trust Fund be discussed with Members and the various the Indian government in one of Delhi’s best and the Airport and Airway Trust Fund. constituencies involved in inland waterways hotels. Later, India turned against the LTTE All of the bills have a common theme: taking transportation. and invaded Sri Lanka to crush the LTTE free- transportation trust funds ‘‘off budget’’ to help I look forward to working with my col- dom movement. The Indian government has meet our Nation’s critical infrastructure needs leagues, including the Ranking Member of the blood on its hands. The Indian government has murdered mi- and to inject some truth serum into the budg- Committee (JIM OBERSTAR), the Chairman of eting process. If we take the HMTF and the the Water Resources and Environment Sub- norities in massive numbers. Over 250,000 Sikhs since 1984, over 200,000 Christians in IWTF off budget, we not only restore the trust committee (SHERRY BOEHLERT), the Ranking Nagaland since 1947, more than 65,000 Kash- of those who pay into the funds, we remove Member of the Subcommittee (BOB BORSKI), miri Muslims since 1988, and tens of thou- the budget-driven incentive to build a surplus the Administration, and others. Water trans- sands of Assamese, Manipuris, Tamils, Dalits, to mask potential deficits and justify other portation infrastructure will be a priority for the and others have been murdered by the gov- types of spending. Transportation and Infrastructure Committee ernment of India. The State Department re- No one should question the wisdom of in- throughout the Second Session, particularly as ported in 1994 that the government of India vesting in our Nation’s water transportation in- we press for truth in water transportation paid more than 41,000 cash bounties to police frastructure. Our coastal ports and inland wa- budgeting and for enactment of a Water Re- terways have shaped the country’s commer- officers for murdering Sikhs. sources Development Act of 2000. Hindu militants allied with the government cial and cultural history and, if properly devel- f oped and adequately maintained, will be crit- have burned down Christian churches and ical to our country’s leadership in the global INDIA SHOULD BE DECLARED A prayers halls, murdered priests, and raped economy of the 21st century. For example, the TERRORIST STATE nuns. Hindus affiliated with the Vishwa Hindu tugboat, towboat, and barge industry, which Parishad surrounded the jeep of missionary has operations along the Nation’s 25,194 HON. EDOLPHUS TOWNS Graham Staines and his two sons, ages 8 and miles of inland and intracoastal waterways, 10, and burned them to death. The VHP is OF NEW YORK part of the same umbrella organization as the contributes $5 billion a year to the Nation’s IN THE HOUSE OF REPRESENTATIVES ruling BJP. In 1997, police broke up a Chris- economy and moves 15 percent of the Na- Tuesday, February 1, 2000 tian religious festival with gunfire. tion’s freight for less than 2 percent of the Na- Last year, Indian Defense Minister George Mr. TOWNS. Mr. Speaker, the time has tion’s total freight bill. Ports generate signifi- Fernandes organized and led a meeting with come to declare India a terrorist state. India is cant local and regional economic growth, as the Ambassadors from Cuba, Red China, Rus- one of the leading practitioners of terrorism in well, and move nearly 93 percent of all U.S. sia, Iraq, and Libya aimed at creating a secu- the world, but they get away with it by cloak- waterborne commerce in a given year. With rity alliance ‘‘to stop the U.S.’’ India supported ing it under a mask of democracy. India prac- the volume of imported cargo moving through the Soviet invasion of Afghanistan and votes U.S. ports expected to triple by the year 2020, tices terrorism internally against its minorities against American interests consistently. The investment in our Nation’s port infrastructure is and externally against its neighbors. time has come to take strong measures The Coordination Committee on Disappear- all the more critical. against India’s brutality and terrorism by de- ances in Punjab identified 838 victims of In- The infrastructure needs continue to grow. claring India a terrorist nation. The Nation’s locks and dams are aging. Many dia’s mass cremation policy in a preliminary Mr. Speaker, recently the Council of are more than 50 years old. Long delays at in- report last year. It published their names and Khalistan issued a news release on Indian land locks add to the cost of transporting addresses. These young Sikhs were abducted state terrorism. I would like to place it into the goods from our farms, mines, and mills to our by the police, tortured, and murdered, then the RECORD for the information of my colleagues. coastal ports. The Nation’s harbors and sea- police disposed of their bodies. This policy ports need continued maintenance and im- amounts to nothing less than terrorism against [From the Council of Khalistan, Washington, DC, Jan. 13, 2000] provement as well. Dredging channels, like the Sikhs of Punjab, Khalistan. U.S. SHOULD DECLARE INDIA A TERRORIST Tens of thousands of Sikh political prisoners clearing snow from highways, is a necessary STATE fact of life—particularly in an age when do- continue to rot in Indian jails without trial. They WASHINGTON, D.C., JANUARY 13, 2000.—Dr. mestic and international trading depends on are not the only ones. After an Indian airliner Gurmit Singh Aulakh, President of the adequate intermodal connections. The size was hijacked in November, India agreed to re- Council of Khalistan, called on the United and number of vessels in the world’s fleet con- lease several prisoners. According to the Los States government to declare India a ter- tinue to increase; America’s ports need to ac- Angeles Times, India violated international law rorist state. ‘‘India is one of the leading commodate these changes to ensure a posi- by holding these prisoners without charge or sponsors of terrorism in the world,’’ he said. tion of leadership in the global economy. trial. Earlier this week, Mandeep Singh Sodhi, a While current and future needs continue to On December 20, according to Reuters 27-year-old Sikh in Uttar Pradesh burned himself to death to protest police abuses grow, unfortunately the trust funds continue to News Service (as reported in India West), against his family. The Los Angeles Times accumulate surpluses. The current balance of Pakistani police arrested a man who con- reported that India violated international the HMTF is approximately $1.9 billion and is fessed that he was an Indian agent and that law by holding the prisoners who were re- expected to rise to $2.5 billion by FY 04. The he planted bombs that killed 9 people. Clearly, leased without charge or trial. There are IWTF current balance is approximately $370 this is a terrorist act sponsored by the Indian tens of thousands of Sikh political prisoners million, and we are told the Corps has the ca- government. rotting in Indian jails without trial. On De- pability of spending $300 million annually by The book Soft Target, written by two Cana- cember 20, according to Reuters News Serv- 2004. Something is wrong when the needs in- dian journalists, proved that India blew up its ice and India West, Pakistani police arrested a man who confessed to being an Indian crease, the funds are available, and the mon- own airliner in 1985, killing 329 people. In agent and to planting bombs that killed 9 eys remain ‘‘locked up’’ in the trust funds. 1991, the Indian intelligence service, RAW, people. Mr. Speaker, this is important legislation masterminded a hijacking of an Indian plane. Responding to some recent reports, Dr. that, if properly implemented, would make sig- These acts give us reason to suspect that In- Aulakh said that he ‘‘would not put it past’’

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E51 the Indian government to organize the hi- Ambassador Julius L. Katz, who died last U.S.S.R. trade agreement, chaired the Trade jacking themselves to justify a new wave of Thursday, January 27, at the age of 74, was Policy Review Group sub-cabinet interagency terror in Kashmir. ‘‘They have created inci- a man of extraordinary intelligence, integrity committee that coordinates U.S. trade policy, dents to promote terror in Punjab, Khalistan, Assam, Nagaland, Tamil Nadu, and courage, who devoted more than 30 and provided senior management coordination and other places within their artificial bor- years to the service of his country. for the Uruguay Round of trade negotiations, ders.’’ he said. Ambassador Katz first demonstrated his particularly in areas such as agriculture. The book Soft Target, written by two Ca- courage and devotion to service when, at 18, Mr. Speaker, Ambassador Katz’s career nadian journalists, proved that India blew up he enlisted in the U.S. Army and joined the reads like an encyclopedia of the accomplish- its own airliner in 1985, killing 329 people, to 90th Infantry Division during World War II, ments of U.S. international trade policy since blame the Sikhs. In 1994, the Hitavada, a leading at Normandy and fighting in the Battle World War II. That, in and of itself, would be well respected Indian newspaper, reported that the Indian government paid the late of the Bulge. His experience during the war a fitting tribute to this man, born in New York governor of Punjab, Surendra Nath, $1.5 bil- helped to shape his goals and ambitions for City to a family of modest means. In the post- lion to organize and support covert state ter- the rest of his life, as he fought to build and war era, it is difficult to think of any person rorism in Punjab, Khalistan and in Kashmir. strengthen an international trading system not who was more involved in more aspects of The Indian government intelligence wing, only for its substantial economic benefits, but formulating U.S. international trade policy. RAW, infiltrated the militant Liberation Ti- as a bulwark against political conflicts among Certainly, no one was more knowledgeable or gers of Tamil Eelam (LTTE) and supported nations, misunderstanding, isolationism and, the LTTE to gain control of the port of committed to advancing the goals of that pol- Trincomelli. When the Sri Lankan govern- ultimately, war. icy. ment agreed to give India control of the Upon his return from Europe, Ambassador What is particularly remarkable about Am- port, India turned against the LTTE and in- Katz attended the George Washington Univer- bassador Katz, however, cannot be gleaned vaded Sri Lanka to crush the LTTE freedom sity, and graduated with a degree in inter- only from his long and impressive list of ac- movement. The Indian army suffered heavy national relations and economics. In 1950, he complishments. Rather, it was his personal losses at the hands of the LTTE freedom joined the Department of State, working on qualities that we in Congress who worked with fighters and withdrew from Sri Lanka. Rajiv various assignments, including supervision of him and knew him will miss so greatly. Jules Gandhi, the ex-Prime Minister of India under U.S. aid programs in Yugoslavia and Poland, whose government this took place, was Katz was a person of unimpeachable integ- blown up by a female Tamil freedom fighter. and negotiation of financial and property rity—who spoke his mind clearly and elo- The Indian government has murdered over claims agreements in the U.S.S.R. Poland, quently. He was a teacher—to Cabinet offi- 250,000 Sikhs since 1984. They have also Czechoslovakia and Romania. cials and Presidents, as well as to younger killed over 200,000 Christians in Nagaland Ambassador Katz contributions to the field trade policy officials who served under him. since 1947, more than 65,000 Kashmiri Mus- of international trade accelerated in the mid- And, if his patience with himself, with events, lims since 1988, and tens of thousands of As- 1960’s as he assumed the position of Director and even with colleagues, on occasion de- samese, Manipuris, Tamils, Dalits, and oth- of the Office of International Trade. There, he ers. ‘‘Only a terrorist state could commit serted him, his restlessness helped to inspire atrocities of this magnitude,’’ said Dr. led U.S. delegations to meetings at the Gen- and motivate those around him to come up Aulakh. eral Agreement on Tariffs and Trade (GATT) with better analyses and more creative solu- The U.S. State Department reported that and participated in the Kennedy Round of tions. And, he more than made up for it with the Indian government paid more than 41,000 trade negotiations. a sense of fairness that never left him, a cash bounties to police to murder Sikhs. One In 1968, Ambassador Katz was named Dep- warmth that led dozens to regard him as their of these bounties was collected by police offi- uty Assistant Secretary for International Re- mentor, and a sense of humor that disarmed cers who killed a three-year-old boy, his fa- sources and Food Policy, a position in which ther, and his uncle ‘‘Would you call this de- adversaries and reenergized colleagues even mocracy or terrorism?,’’ Dr. Aulakh asked. he was responsible for formulating U.S. inter- at the most grueling moments of a negotiation. Government-allied Hindu militants have national commodity policies. In 1974, he was Mr. Speaker, Ambassador Julius L. Katz burned down Christian churches and prayer appointed Senior Deputy Assistant Secretary, epitomized the finest in public service to our halls, murdered priests, and raped nuns. The in which capacity he led various U.S. delega- nation. We owe this man a great debt of grati- Vishwa Hindu Parishad, which is affiliated tions on international trade issues, including tude. Let his example inspire others who seek with the parent organization of the ruling the establishment of the International Energy BJP, described the rapists as ‘‘patriotic to contribute to this vital area of U.S. public youth’’ and called the nuns ‘‘antinational Agency. policy. His legacy will live on in the many elements.’’ Hindus affiliated with the VHP In 1976, Ambassador Katz was appointed agreements that bear his imprint and the surrounded the jeep of missionary Graham Assistant Secretary of State for Economic and many people he worked with who carry inside Staines and his two sons, ages 8 and 10, Business Affairs. As Assistant Secretary, he of them a part of the flame that was his cour- poured gasoline on it, set it on fire, and sur- participated in a large number of trade nego- age, integrity, ability and passion. rounded it, chanting ‘‘Victory to Lord Ram.’’ tiations, from the Tokyo Round of GATT nego- f In 1997, police broke up a Christian religious tiations, to civil aviation agreements with festival with gunfire. ‘‘Only a terrorist gov- Japan, to various international trade matters GREAT PROGRAM NATIONAL PRIN- ernment could allow these kinds of atroc- CIPAL OF THE YEAR, DENNIS ities,’’ Dr. Aulakh pointed out. with Canada and a natural gas supply agree- Last year, Indian Defense Minister George ment with Mexico. Ambassador Katz was one DEARDEN Fernandes led a meeting with the Ambas- of only a few senior State Department officials sadors from Cuba, Red China, Russia, Iraq, asked to remain on in the Carter Administra- HON. SCOTT McINNIS and Libya aimed at constructing a security tion, where he continued to serve until 1980. OF COLORADO alliance ‘‘to stop the U.S.’’ ‘‘How could India Among the honors and awards he received IN THE HOUSE OF REPRESENTATIVES form an alliance against the world’s oldest during his career in the State Department democracy and then ask for help?,’’ Dr. Tuesday, February 1, 2000 Aulakh asked. ‘‘Based on these and other were the Wilbur J. Carr Award and the Distin- pieces of India’s pattern of terrorism, the guished Honor Award from the State Depart- Mr. MCINNIS. Mr. Speaker, I would like to time has come for Indian to be declared a ment and the Distinguished Service Medal take a moment to recognize Principal Dennis terrorist state,’’ Dr. Aulakh said. from the Department of Energy, the highest Dearden. He is a man that has worked very f awards conferred by those agencies. hard to reduce the numbers of gangs and vio- In 1980, Ambassador Katz left government lence in schools across the State of Colorado. TRIBUTE TO AMBASSADOR JULIUS service to work in the private sector, also pro- Recently, his work was rewarded when he L. KATZ moting international trade. In 1989, U.S. Trade was named the National Principal of the Year. Representative Carla A. Hills, on the rec- Gang Resistance Education and Training HON. BILL ARCHER ommendation of all of her immediate prede- (GREAT) program, backed by the United OF TEXAS cessors, former USTRs Yeutter and Brock and States Bureau of Alcohol, Tobacco and Fire- former Special Trade Representative Strauss, arms, teaches students how to resolve con- HON. CHARLES B. RANGEL asked Ambassador Katz to return to public flicts, avoid peer pressure and set personal OF NEW YORK service as Deputy U.S. Trade Representative. goals. It also helps the students to understand IN THE HOUSE OF REPRESENTATIVES Ambassador Katz agreed. Once again serving cultural differences and how gangs negatively Tuesday, February 1, 2000 with distinction, Ambassador Katz was the impact the quality of life. Mr. ARCHER. Mr. Speaker, we rise today to Chief Negotiator for the North American Trade As a result of the program implemented by pay tribute to an exceptional human being. Agreement, led negotiations on the 1990 U.S.- Dennis, violence declined tremendously at

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS E52 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2000 Mount Garfield and drug-related calls to law rorism, violent crimes, organized crime/drug ciples that have made our Nation great, and of enforcement dropped from 34 to zero. These and other FBI investigative programs. the personal spirit that must dominate our Na- astounding figures appeared in a report pre- Because of Mr. Clark’s diligence, he ob- tion not only during the Holidays but through- sented to Congress in support of the GREAT tained far greater responsibilities, and as an out the year. program. African-American, I proudly watched as he I commend Bill Polacek, and I’m glad to en- Dennis was nominated for the award by rocketed through the ranks. And his brilliance close this article on his efforts. Colorado State Trooper and Western Slope was clearly evident during several high profile AREA MAN MAKES SURE NEEDY HAVE Coordinator of GREAT, Don Moseman. His FBI investigations. In 1979, during the Iranian CHRISTMAS nomination was chosen out of more than Hostage Crisis, Mr. Clark supervised the Ira- (By Tom Lavis) 3,000 principals across the nation. nian terrorism investigation and handled the Bill Polacek of Richland Township learned It is with this, Mr. Speaker, that I say thank movement of the Shah of Iran from New York the true meaning of Christmas when he was you to Principal Dennis Dearden for his dedi- City to San Antonio, Texas. Moreover, in only 6. cation to our youth and the fight he has waged 1985, Mr. Clark played a key role in the super- That’s the reason that for the last three against gangs and violence. In addition, to our vision of the terrorist attack aboard the Achille years, Polacek, 38, has donated a Christmas thanks, Dennis deserves our congratulations Lauro ship which claimed the life of passenger present to each man, woman and child who comes to Christmas Eve dinner at St. Vin- on being named Principal of the Year. Clearly, Leon Klinghoffer. cent de Paul Family Kitchen at 231 Bedford Dennis is eminently deserving of this high Mr. Clark’s work with high profile cases con- St., Johnstown. honor. tinued into the 1990s. In February, 1993, Mr. Polacek owns Johnstown Welding and Fab- f Clark was assigned to manage the World rication Industries, 1363 Broad St. Trade Center Bombing investigation. On April A tall dark-haired man who towers over CONTINUING REMARKS HONORING 1, 1996, while serving as the Special Agent in most people, Polacek is one of nine children DON K. CLARK, DIRECTOR OF in a family where money was always tight. Charge in San Antonio, Mr. Clark was detailed ‘‘When I was 6, my father shattered his THE HOUSTON DIVISION OF THE to serve as one of the Special Agents in FBI ankle right before Christmas and the only Charge of the Freemen crisis in Jordan, Mon- money coming in was 50 percent of his sup- tana. plemental pay from Bethlehem Steel,’’ HON. SHEILA JACKSON-LEE On July 2, 1996, Texas history was forever Polacek said, as he and his family distrib- OF TEXAS altered when Director Freeh appointed Mr. uted gifts to the needy as they left the pan- IN THE HOUSE OF REPRESENTATIVES Clark as the Special Agent in Charge of the try. Houston Division, one of the FBI’s Top Ten ‘‘We weren’t going to have much of a Tuesday, February 1, 2000 Christmas that year,’’ he said. Field Divisions. He has been a model govern- Ms. JACKSON-LEE of Texas. Mr. Speaker, ‘‘To this day, we don’t know who it was, ment official and a model citizen for the Hous- but someone left bags of groceries, presents I rise this evening to commend a true Texas ton community. He is living proof that commit- and a small amount of money on our porch and American hero, Don Clark. Mr. Clark ment brings one’s aspirations into vivid reality. so that our parents could give us a nice strode stoically into Houston like the lone Mr. Clark maintained numerous responsibil- Christmas. That’s why I do this. I’ll never sheriffs of lore. Standing alone, he quickly ities while working for the FBI. He is a mem- forget what that gesture meant. My mother took matters into his own hands. Not only did ber of the International Association of Chiefs cried,’’ he said. Joe Bartko, director of the kitchen, said he he face down the criminal elements that of Police and the National Organization of plagued our fine city, but he also pierced that admires Polacek because he and his family Black Law Enforcement Executives. He has give without expecting any fanfare. He said invisible wall that separated minorities from attended the FBI’s Executive Development In- it is heart-warming to have people like the high ranking, law enforcement posts. Mr. Clark stitute, is a trained SWAT member, bombing Polaceks who think of the less fortunate. leaves his impressive imprint upon the city of instructor, and police training instructor. ‘‘The people’s faces say it all when they Houston, and I congratulate him on his well- Mr. Clark’s dedication is not only evident in get a gift in addition to a meal,’’ Bartko deserved retirement. He will be missed, but he his own work, it is also manifest in his numer- said. ‘‘It has gotten to a point that many of these people look forward to this because will never be forgotten. ous achievements, including high school class Given his vast accomplishments, it should this is the only Christmas they will have. valedictorian, Who’s Who in America’s Col- They have nothing.’’ not surprise anyone that Mr. Clark is a native leges and Universities, Distinguished Military After enjoying a traditional Christmas din- Texan. Like a true Texas hero, he forged a Graduate receiving a regular Army commis- ner that included turkey with stuffing, ham legacy upon hard work and dedication. He sion, and many awards and recognitions from steak, mashed potatoes, corn, salad and built this foundation upon his commitment to both the U.S. Army and the FBI. pears and poppy-seed rolls for desert, people academia and military training. He received a I am most proud of the fact that Mr. Clark were treated to a gift when they left. George Karadeanes, 61 who lives in the Sol- Bachelor of Science degree in Engineering earned two Bronze Stars for Bravery while and a regular Army commission as a 2nd omon Homes, said everyone appreciates what serving in Vietnam and the FBI Medal for Mer- the Polaceks are doing. Lieutenant from Prairie View A&M University itorious Achievement during law enforcement ‘‘Last year, I got a sweatshirt and some in 1967. As a long-time supporter of this His- action. These awards clearly reveal Mr. gloves,’’ Karadeanes said, as he was sweeping torically Black University, I take pride in the Clark’s strength of character and dedication to his plate with a dinner roll to finish a last fact that Mr. Clark achieved such high excel- our country. bit of turkey gravy. ‘‘I still have the gloves lence at this institution. He also attended Long Again, I wish Mr. Clark well as he embarks and they keep me warm. I have no family Island University and completed course work and this is my celebration.’’ on his retirement. His exploits paint a vivid pic- Twelve-year-old Mikey Wiesinger of for a Master of Science degree in Public Ad- ture across the canvas that weaves among ministration and graduated from Harvard Uni- Kernville squealed with glee as he was hand- the United States, and for his work, he truly ed a stuffed Barney doll. He was at the din- versity’s John F. Kennedy School of Govern- has earned his days of rest. I thank him for his ner with his parents, Brian and Diane ment Program for Senior Managers in Govern- efforts. Wiesinger, and his 13-year-old brother, Brian. ment. f If any of the 25 volunteers who prepared Mr. Clark served in the U.S. Army from and served the dinner or members of the May, 1967, to November, 1976, attaining the RECOGNIZING MR. BILL POLACEK Polacek family wanted to know if their ef- rank of Captain in the Infantry. In 1973, I am forts were appreciated, they only had to look proud to say that he was selected by the Chief at Mikey’s face while he clutched the purple HON. JOHN P. MURTHA dinosaur to know that they brought joy to of Staff of the Army to command an Airborne OF PENNSYLVANIA the boy’s Christmas. Ranger Company in a newly created ranger IN THE HOUSE OF REPRESENTATIVES Ada Szewczyk, 62, of Johnstown, was chat- battalion. ting with friends at one of the long tables, Because of his outstanding academic and Tuesday, February 1, 2000 and I noticed that her gift was on the table military achievements, Mr. Clark earned his Mr. MURTHA. Mr. Speaker, I enclose in the unopened. I asked her why. position as a Special Agent of the FBI on No- RECORD, an article from the December 27, ‘‘I’m saving it so I have something to open vember 7, 1976. His impressive service in- 1999 ‘‘Tribune-Democrat’’, of Johnstown, PA, Christmas morning,’’ she said. This was the first year that Szewczyk at- cluded assignments in Miami, New York, Los concerning the community involvement and ef- tended the dinner when presents were given. Angeles, Newark, San Antonio, and Wash- forts of Mr. Bill Polacek. ‘‘I was surprised, but that man (Polacek) ington, D.C. His extraordinary experience in- It’s these kinds of selfless acts helping indi- knows that Christ was born on Christmas cluded foreign counterintelligence, counterter- viduals that are such a hallmark of the prin- and I hope God blesses him,’’ she said.

VerDate Mar 15 2010 16:32 Jun 22, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\ERIC\E01FE0.REC E01FE0 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E53 A mountain of presents was stacked near day of ‘‘Black History Month’’ to record yet an- lengthy. After approaching John with this prob- the door of the pantry and Polacek; his wife, other first for African-Americans in my home lem and expressing the frustration of my con- Shari; and their four children were busy dis- state of Mississippi. On November 2, 1999, tributing gifts to people who waited in an or- stituents, he agreed to look into the problem. derly fashion. Mrs. Annie Jean Campbell became the first John then implemented a new processing pol- Mrs. Polacek said she is pleased that the African-American woman to be elected to icy for I–130 and I–485 petitions filed by citi- family could bring some joy to people, and serve on the Board of Supervisors in Mont- zens on behalf of their spouses. He clearly she wanted her children to learn that it is gomery County, MI. empathized with the stress they were feeling better to give than receive and that some Mrs. Campbell, the daughter of Joe and due to being separated from their spouses. people are struggling. The children are Bill Annie Roby not only became the first African- Jr., 10; Blake 7; Madison, 4; and Carter, 10 American woman to be elected to the position, John allowed the Hartford INS office to begin months. accepting I–130 petitions from citizens for their ‘‘Last year, we lost track of Blake and but she is the first woman ever. Mrs. Campbell couldn’t find him anywhere until we looked has lived in Montgomery County all of her life spouses. This accelerated the processing time back at the tables where people were eat- and is dedicated to the service of the people. tremendously. He truly made a positive dif- ing,’’ Mrs. Polacek said. As wife and mother of three, Ms. Campbell ference in the lives of thousands of people. ‘‘There he was eating a turkey dinner and has already exemplified the patience and un- Families were able to reunite much sooner joining right in with some of the folks. We try to teach the kids that in terms of values, derstanding needed to be an effective rep- than they had originally expected. you get what you give.’’ resentative to the public. I have remarked many times throughout the Mr. Speaker, as I stand here and think of Also on hand were Mr. Polacek’s mother, years that Connecticut is indeed very lucky to Sarah, and stepfather, George Mihalaki of the accomplishment Mrs. Campbell has made, Windber. Polacek’s father, John is deceased. I become re-energized in the fact that there is have such a compassionate and caring indi- Mrs. Mihalaki said that one act of kind- always a possibility to change and that Mis- vidual such as John Weiss running the INS of- ness many years ago has left an impression fice. John’s career is quite distinguished. One on the entire family. sissippi continues to progress and create a ‘‘We created the Polacek Family Human new legacy. of his most remarkable assignments began in Needs Fund, where we all initially donated f 1973 when he was assigned to investigate money to give to a charity,’’ she said. Nazi war criminals. John spent a great deal of ‘‘Now we have fund-raisers during the year MARKING THE RETIREMENT OF time interviewing Holocaust victims and chron- to raise a little more. We usually earmark JOHN P. WEISS the money to one charity a year.’’ icling the atrocities that occurred during the But the St. Vincent de Paul effort is sepa- Second World War and tracking war criminals rate from the family’s donation. HON. SAM GEJDENSON who might have attempted to fraudulently Mr. Polacek said he usually gives up to OF CONNECTICUT enter the United States. I know this was an $2,500 for the gifts. IN THE HOUSE OF REPRESENTATIVES ‘‘I buy from Boscov’s and they generously experience that deeply affected John’s life and give a discount on each item,’’ he said. Tuesday, February 1, 2000 perspective on the world. ‘‘That way we can give more gifts and the Mr. GEJDENSON. Mr. Speaker, I rise today Whenever John Weiss learned about a store even gift wraps each present.’’ to commend John P. Weiss for nearly thirty The dinner also marked the first time that problem or an individual with extenuating cir- years of service to the U.S. Immigration and someone spent the afternoon singing carols cumstances, he took steps to address it. It Naturalization Service. John is more than an for the people. never mattered how busy he was with his du- Shawn McConville of Geistown entertained extraordinary public servant, he is a humani- ties, he always made time to address the to the delight of every one on hand. tarian and a great advocate on behalf of the It was a wonderful Christmas celebration. American people. needs of every constituent. In this respect, he There was good food, good music, laughter On January 3, 2000, John Weiss officially is a model for all of us in public service. and fun. Most of all, there was love. retired as Officer in Charge of the Hartford, Mr. Speaker, John Weiss is a public servant f Connecticut INS Office. John’s leadership and in the very best tradition of our country. He TRIBUTE TO MRS. ANNIE JEAN commitment to excellence has ensured high has worked tirelessly on behalf of the citizens CAMPBELL quality and efficient service for immigrants and of Connecticut and provided the highest qual- their families living in Connecticut. John set a ity service. He has also brought a sense of HON. BENNIE G. THOMPSON standard that all of us in public service should compassion to his work. work to emulate. OF MISSISSIPPI In 1988, my office was inundated with calls I am proud to be able to join his former col- IN THE HOUSE OF REPRESENTATIVES from U.S. citizens who were filing their I–130 leagues and members of the community in Tuesday, February 1, 2000 petitions for their foreign born spouses at the thanking John for his service and commitment Mr. THOMPSON. Mr. Speaker, it gives me INS Service Center in Vermont. Unfortunately, to bettering the lives of immigrants and their great pleasure to stand here today on the first the processing time in Vermont was quite families.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Feingold Modified Amendment No. 2748, to pro- Chamber Action vide for an exception to a limitation on an automatic Routine Proceedings, pages S167–S224 stay under section 362(b) of title 11, United States Measures Introduced: Four bills and one resolution Code, relating to evictions and similar proceedings were introduced, as follows: S. 2018–2021, and S. to provide for the payment of rent that becomes due Res. 250. Page S213 after the petition of a debtor is filed. Page S167 Levin Amendment No. 2658, to provide for the Measures Passed: nondischargeability of debts arising from firearm-re- Recognizing the St. Louis Rams: Senate agreed to lated debts. Pages S178±88 S. Res. 250, recognizing the outstanding achieve- A unanimous-consent agreement was reached pro- ment of the St. Louis Rams in winning Super Bowl viding for further consideration of the bill and cer- XXXIV. Page S189 tain amendments, on Wednesday, February 2, 2000. Bankruptcy Reform Act: Senate resumed consider- Page S223 ation of S. 625, to amend title 11, United States Nomination—Agreement: A unanimous-consent Code, taking action on the following amendments time agreement was reached providing for the con- proposed thereto: Pages S167±88, S190±97, S200±02, S223 sideration of the nomination of Alan Greenspan, of Rejected: New York, to be chairman of the Board of Gov- Wellstone Amendment No. 2538, with respect to ernors of the Federal Reserve System. Page S223 the disallowance of certain claims and to prohibit Removal of Injunction of Secrecy: The injunction certain coercive debt collection practices. (By 53 yeas of secrecy was removed from the following treaty: to 44 nays, 1 responding present (Vote No. 1), Sen- Treaty with the Hellenic Republic on Mutual ate tabled the amendment.) Pages S168±78, S190 Legal Assistance in Criminal Matters (Treaty Doc. Withdrawn: No. 106–18). Wellstone Amendment No. 2537, to disallow The treaty was transmitted to the Senate today, claims of certain insured depository institutions. considered as having been read for the first time, and Pages S168±78, S190 referred, with accompanying papers, to the Com- Feingold Amendment No. 2667, to encourage the mittee on Foreign Relations and was ordered to be democratically elected government of Indonesia and printed. Pages S222±23 the armed forces of Indonesia to take such additional Messages From the President: Senate received the steps as are necessary to create a peaceful environ- following messages from the President of the United ment in which the results of the August 30, 1999, States: vote on East Timor’s political status can be imple- Transmitting pursuant to law, a report entitled mented. Pages S190±97 ‘‘United States Arctic Research Plan; Biennial Revi- Pending: sion: 2000–2004’’; to the Committee on Govern- Schumer/Durbin Amendment No. 2762, to mod- mental Affairs. (PM–80) Page S208 ify the means test relating to safe harbor provisions. Transmitting pursuant to law, Presidential Deter- Page S167 mination 99–37 relative to the Air Force’s Operating Schumer Amendment No. 2763, to ensure that Location near Groom Lake, Nevada; to the Com- debts incurred as a result of clinic violence are non- mittee on Environment and Public Works. (PM–81) dischargeable. Page S167 Page S208 D38

VerDate 27-JAN-2000 04:38 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01FE0.REC pfrm06 PsN: D01FE0 February 1, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D39 Transmitting pursuant to law, a report relative to tion, Packers and Stockyards Administration, both of the agreement between the U.S. and Latvia con- the Department of Agriculture; Philip Paarlberg and cerning fisheries off the coasts of the U.S.; to the Kenneth Foster, both of Purdue University, West Committees on Commerce, Science, and Transpor- Lafayette, Indiana; John McNutt, Iowa City, Iowa, tation; and Foreign Relations. (PM–82) Page S208 on behalf of the National Pork Producers Council; Nominations Received: Senate received the fol- Rita Sharma, Williamsport, Indiana, on behalf of the lowing nominations: National Cattlemen’s Beef Association; William P. Ross L. Wilson, of Maryland, to be Ambassador Roenigk, National Chicken Council, Washington, to the Republic of Azerbaijan. D.C.; Ron Warfield, Illinois Farm Bureau, Gibson Nathan O. Hatch, of Indiana, to be a Member of City, on behalf of the American Farm Bureau Fed- the National Council on the Humanities. eration; Michael Stumo, Winsted, Connecticut, on 1 Air Force nomination in the rank of general. behalf of the Organization for Competitive Markets; 22 Army nominations in the rank of general. John Crabtree, Center for Rural Affairs, Walthill, 1 Marine Corps nomination in the rank of general. Nebraska; Hubert O. Farrish, Columbia Grain, Inc., 6 Navy nominations in the rank of admiral. Portland, Oregon, on behalf of the North American 2 Coast Guard nominations in the rank of admi- Export Grain Association; Robert Smigelski, The ral. Anderson, Inc., Maumee, Ohio, on behalf of the Na- Routine lists in the Air Force and Army. tional Grain and Feed Association; Mike Clark, Illi- Pages S223±24 nois Corn Growers Association, Homer, on behalf of Messages From the President: Page S208 the National Corn Growers Association, American Soybean Association, and National Association of Messages From the House: Pages S208±09 Wheat Growers; and Dennis Wiese, South Dakota Measures Referred Page S209 Farmers Union, Flandreau, on behalf of the National Communications: Pages S209±13 Farmers Union. Executive Reports of Committees: Page S213 NOMINATION Statements on Introduced Bills: Pages S213±16 Committee on Banking, Housing, and Urban Affairs: Additional Cosponsors: Pages S216±17 Committee ordered favorably reported the nomina- Notices of Hearings: Page S218 tion of Alan Greenspan, of New York, to be Chair- Authority for Committees: Page S218 man of the Board of Governors of the Federal Re- serve System. Additional Statements: Pages S218±22 Privileges of the Floor: Page S218 LOAN GUARANTEES AND RURAL Record Votes: One record vote was taken today. TELEVISION SERVICE (Total—1) Page S190 Committee on Banking, Housing, and Urban Affairs: Adjournment: Senate convened at 9:30 a.m., and Committee concluded hearings on the issue of fed- adjourned at 6:14 p.m., until 9:30 a.m., on Wednes- eral loan guarantees to promote satellite delivery of day, February 2, 2000. (For Senate’s program, see local television signals to rural areas, after receiving the remarks of the Acting Majority Leader in today’s testimony from Gregory L. Rohde, Assistant Sec- Record on page S223.) retary of Commerce for Communications and Infor- mation; Christopher McLean, Acting Administrator, Committee Meetings Rural Utilities Service, Department of Agriculture; William Roberts, Senior Attorney, Copyright Office, (Committees not listed did not meet) Library of Congress; Dale N. Hatfield, Chief, Office of Engineering and Technology, Federal Commu- AGRICULTURE CONCENTRATION nications Commission; Steven J. Cox, DIRECTV, El Committee on Agriculture, Nutrition, and Forestry: Com- Segundo, California; David K. Moskowitz, EchoStar mittee concluded oversight hearings to examine the Communications Corporation, Littleton, Colorado; current structure and future operations of the De- Bob R. Phillips, III, National Rural Telecommuni- partment of Agriculture’s Grain Inspection, Packers cations Cooperative, The Plains, Virginia; Richard and Stockyards Administration, after receiving testi- Sjoberg, Sjoberg’s Incorporated, Thief River Falls, mony from Senator Feingold; Michael Dunn, Under Minnesota; and K. James Yager, Benedek Broad- Secretary for Marketing and Regulatory Programs, casting, Rockford, Illinois, on behalf of the National and James R. Baker, Administrator, Grain Inspec- Association of Broadcasters.

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FEDERAL SPENDING PRIORITIES Hearings recessed subject to call. Committee on the Budget: Committee concluded hear- MEDICAL ERRORS ings to examine spending priorities of certain federal laws and programs in order to maximize the govern- Committee on Health, Education, Labor, and Pensions: ment’s performance and accountability, after receiv- Committee resumed hearings to examine the inci- ing testimony from David M. Walker, Comptroller dence of medical errors, focusing on understanding General of the United States, General Accounting adverse drug events, receiving testimony from Janet Office. Woodcock, Director, Center for Drug Evaluation and Research, Food and Drug Administration, Depart- U.S. COMPUTER NETWORK PROTECTION ment of Health and Human Services; Janet Heinrich, Committee on the Judiciary: Subcommittee on Tech- Associate Director, Health Financing and Public nology, Terrorism, and Government Information Health Issues, Health, Education, and Human Serv- held hearings to examine the vulnerability of U.S. ices Division, General Accounting Office; Michael R. systems to cyber attack, focusing on the Administra- Cohen, Institute for Safe Medication Practices, Hun- tion’s National Plan for Information Systems Protec- tingdon Valley, Pennsylvania; Richard Platt, Har- tion and its implications regarding privacy, receiving vard University Medical School, Boston, Massachu- testimony from John S. Tritak, Director, Critical In- setts, on behalf of the Harvard Pilgrim Healthcare; frastructure Assurance Office, Department of Com- and Eleanor M. Vogt, National Patient Safety Foun- merce; and Marc Rotenberg, Electronic Privacy In- dation, and Raymond L. Woosley, Georgetown Uni- formation Center, and Frank J. Cilluffo, Center for versity Medical Center Department of Pharmacology, Strategic and International Studies, both of Wash- both of Washington, D.C. ington, D.C. Hearings recessed subject to call. h House of Representatives announced his appointment of Representative Dicks Chamber Action to the National Commission for the Review of the Bills Introduced: 6 public bills, H.R. 3561–3566; National Reconnaissance Office. Page H98 5 resolutions, H.J. Res. 86; H. Con. Res. 245–246, Suspensions: The House agreed to suspend the rules and H. Res. 410–411, were introduced. and pass the following measures: Pages H164±65 Contributions of Catholic Schools: H. Res. 409, Reports Filed: honoring the contributions of Catholic schools; and H. Res. 412, providing for consideration of H.R. Pages H98±103 2005, to establish a statute of repose for durable goods used in a trade or business (Rept. 106–491). Child Abuse Prevention and Enforcement Act: Page H164 Agreed to the Senate amendment to H.R. 764, to reduce the incidence of child abuse and neglect— Speaker Pro Tempore: Read a letter from the clearing the measure for the President (agreed to by Speaker wherein he designated Representative a yea and nay vote of 410 yeas to 2 nays, Roll No. Cooksey to act as Speaker pro tempore for today. 4). Pages H121±27 Page H91 Subsequently, agreed to H. Con. Res. 245, to cor- Recess: The House recessed at 9:55 a.m. and recon- rect technical errors in the enrollment of the bill. vened at 11:00 a.m. Page H95 Page H128 Private Calendar: On the call of the Private Cal- Taiwan Security Enhancement Act: The House endar the House: passed H.R. 1838, to assist in the enhancement of Passed Over Without Prejudice: S. 452, for the the security of Taiwan by a yea and nay vote of 341 yeas to 70 nays, Roll No. 5. Pages H110±21, H127±28 relief of Belinda McGregor. Page H95 Earlier, the House agreed to H. Res. 408, the rule Passed: H.R. 1023, for the relief of Richard W. that provided for consideration of the bill. Pursuant Schaffert. Page H95 to the rule, the amendment recommended by the Review of the National Reconnaissance Office: Committee on International Relations, now printed Read a letter from the Minority Leader wherein he in the bill, was considered as adopted. Pages H103±10

VerDate 27-JAN-2000 04:38 Feb 02, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01FE0.REC pfrm06 PsN: D01FE0 February 1, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D41 Resignation from the Democratic Caucus: Read a Amendments: Amendments ordered printed pursu- letter from Representative Frost wherein he an- ant to the rule appear on page H166. nounced that Representative Goode resigned from Quorum Calls—Votes: Three yea and nay votes de- the Democratic Caucus. Page H128 veloped during the proceedings of the House today Resignation from Committee: Read a letter from and appear on pages H126–27, H127–28, and Representative Blunt wherein he announced his res- H136–37. There were no quorum calls. ignation from the Committee on Appropriations. Adjournment: The House met at 9:30 a.m. and ad- Page H128 journed at 9:25 p.m. Committee Election Vacated: Read a letter from the Speaker wherein he announced that Representa- tive Goode’s election to the Committee on Agri- Committee Meetings culture has been vacated effective today. Page H128 LEGISLATIVE APPROPRIATIONS Committee Election Vacated: Read a letter from Committee on Appropriations: Subcommittee on Legisla- the Speaker wherein he announced that Representa- tive held a hearing on the Joint Economic Com- tive Goode’s election to the Committee on Banking mittee, the GPO, the Joint Committee on Taxation, and Financial Services has been vacated effective the GAO, and the Capitol Police Board. Testimony today. Page H128 was heard from Representatives Saxton and Archer; Committee Election: Agreed to H. Res. 410, elect- Michael F. DiMario, Public Printer, GPO; David M. ing Representative Goode to the Committee on Ap- Walker, Comptroller General, GAO; Wilson propriations. Page H128 Livingood, Sergeant at Arms, House of Representa- Committee Election: Agreed to H. Res. 411, elect- tives; James W. Ziglar, Sergeant at Arms, Senate; ing Representative Lee to the Committee on Bank- Gary L. Abrecht, Chief, U.S. Capitol Police; and Alan M. Hantman, Architect of the Capitol. ing and Financial Services. Pages H128±29 Motion to Instruct Conferees: Agreed to the Berry SMALL BUSINESS LIABILITY REFORM ACT motion to instruct conferees on H.R. 2990, Quality Committee on the Judiciary: Ordered reported, as Care for the Uninsured Act, (1) to take all necessary amended, H.R. 2366, Small Business Liability Re- steps to begin meetings of the conference committee form Act of 1999. in order to report back expeditiously to the House; and (2) to insist on the provisions of the bipartisan WORKPLACE GOODS JOB GROWTH AND Consensus Managed Care Improvement Act of 1999 COMPETITIVENESS ACT (Division B of H.R. 2990 as passed by the House), Committee on Rules: The Committee granted, by voice and within the scope of conference to insist that vote, a modified open rule providing 1 hour of gen- such provisions be paid for by a yea and nay vote eral debate on H.R. 2005, Workplace Goods Job of 207 yeas to 175 nays with 28 voting ‘‘present,’’ Growth and Competitiveness Act of 1999. The rule Roll No. 6. Pages H129±37 makes in order the Committee on the Judiciary Presidential Messages: Read the following mes- amendment in the nature of a substitute now print- sages from the President: ed in the bill as an original bill for the purpose of United States Air Force Exemption: Message amendment, which shall be open for amendment at wherein he transmitted his Presidential Determina- any point. The rule makes in order only those tion that exempts an Air Force operating location in amendments printed in the Congressional Record and Nevada from certain laws referred to the Committee pro forma amendments for the purpose of debate. on Commerce. Page H137 The rule provides that each amendment printed in the Congressional Record may be offered only by the United States-Latvia Fisheries Agreement: Mes- Member who caused it to printed or his designee, sage wherein he transmitted the agreement between and that each amendment shall be considered as the United States and Latvia concerning fisheries off read. The rule allows the Chairman of the Com- the coast of the United States referred to the Com- mittee of the Whole to postpone votes during con- mittee on Resources and ordered printed (H. Doc. sideration of the bill, and to reduce voting time to 106–189); and Page H137 five minutes on a postponed question if the vote fol- Arctic Research Plan: Message wherein he trans- lows a fifteen minute vote. Finally, the rule provides mitted the sixth biennial revision to the United one motion to recommit with or without instruc- States Arctic Research Plan referred to the Com- tions. Testimony was heard from Representative mittee on Science. Page H137 Chabot.

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a.m., SH–216. Select Committee on Intelligence, to hold Joint Meetings closed hearings on pending intelligence matters, 2 p.m., MONTENEGRO DEMOCRACY SH–219. Commission on Security and Cooperation in Europe (Hel- House sinki Commission): Commission concluded hearings to examine the prospects of democratic development Committee on Appropriations, Subcommittee on Legisla- and economic recovery in Montenegro, after receiv- tive, on Members of Congress; Office of Compliance; ing testimony from Srdjan Darmanovic, Center for CBO; Financial Managers Council; and outside witnesses, Democracy and Human Rights, and Veselin 9:30 a.m., H–144 Capitol. Committee on Education and the Workforce, Subcommittee Vukotic, Center for Entrepreneurship, both of on Early Childhood, Youth and Families and the Sub- Podgorica, Montenegro; and Janusz Bugajski, Center committee on Postsecondary Education, Training, and for Strategic and International Studies, Washington, Life-Long Learning, joint hearing on Federal Role in D.C. K–12 Mathematics Reform, 10:30 a.m., 2175 Rayburn. f Committee on Government Reform, Subcommittee on Na- tional Economic Growth, Natural Resources and Regu- COMMITTEE MEETINGS FOR WEDNESDAY, latory Affairs, hearing on Kyoto and the Internet: The FEBRUARY 2, 2000 Energy Implications of the Digital Economy, 10 a.m., (Committee meetings are open unless otherwise indicated) 2247 Rayburn. Senate Subcommittee on National Security, Veterans’ Affairs and International Relations, hearing on Gulf War Vet- Committee on Armed Services: to hold hearings on the sit- erans’ Illnesses: The Current Research Agenda, 10 a.m., uation in Bosnia and Kosovo; to be followed by a closed 2154 Rayburn. hearing (SR–222), 9:30 a.m., SR–253. Committee on International Relations, hearing on Chang- Committee on the Budget: to hold hearings to examine ing American Diplomacy for the New Century, 10 a.m., federalism in the information age, focusing on internet 2118 Rayburn. tax issues, 10 a.m., SD–608. Committee on the Judiciary, Subcommittee on the Con- Committee on Finance: Committee on Finance, to hold stitution, to mark up H.R. 2372, Private Property Rights hearings on the status of Internal Revenue Service reform, 10 a.m., SD–215. Implementation Act of 1999, 10 a.m., 2237 Rayburn. Committee on Health, Education, Labor, and Pensions: Sub- Committee on Resources, hearing on H.R. 3160, Common committee on Public Health, to hold hearings to examine Sense Protections for Endangered Species Act, 11 a.m., gene therapy, focusing on promoting patient safety, 9:30 1324 Longworth. a.m., SD–430. Committee on Ways and Means, to mark up H.R. 6, Mar- Select Committee on Intelligence: Select Committee on In- riage Tax Penalty Relief Act of 1999, 2 p.m., 1100 telligence, to hold hearings to examine world threats, 10 Longworth.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED SIXTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 24 through January 31, 2000 January 24 through January 31, 2000

Senate House Total Civilian nominations, totaling 149 (including 142 nominations carried Days in session ...... 5 3 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 18 hrs., 40 10 hrs., 7 .. Unconfirmed ...... 149 Congressional Record: Pages of proceedings ...... 165 90 . . Extensions of Remarks ...... 38 . . Other Civilian nominations, totaling 778 (including 778 nominations Public bills enacted into law ...... carried over from the First Session), disposed of as follows: Private bills enacted into law ...... Unconfirmed ...... 778 Bills in conference ...... 1 10 . . Measures passed, total ...... 7 7 14 Air Force nominations, totaling 15 (including 15 nominations carried Senate bills ...... 1 . . over from the First Session), disposed of as follows: House bills ...... Senate joint resolutions ...... Unconfirmed ...... 12 House joint resolutions ...... Returned to White House ...... 3 Senate concurrent resolutions ...... House concurrent resolutions ...... 1 2 . . Army nominations, totaling 204 (including 204 nominations carried Simple resolutions ...... 6 4 . . over from the First Session), disposed of as follows: Measures reported, total ...... *. . *2 2 Senate bills ...... 1 . . Unconfirmed ...... 202 House bills ...... Returned to White House ...... 2 Senate joint resolutions ...... House joint resolutions ...... Navy nominations, totaling 10 (including 10 nominations carried Senate concurrent resolutions ...... over from the First Session), disposed of as follows: House concurrent resolutions ...... Unconfirmed ...... 8 Simple resolutions ...... 1 . . Returned to White House ...... 2 Special reports ...... Conference reports ...... Measures pending on calendar ...... 148 62 . . Marine Corps nominations, totaling 1 (including 1 nomination carried Measures introduced, total ...... 29 57 86 over from the First Session), disposed of as follows: Bills ...... 19 43 . . Unconfirmed ...... 1 Joint resolutions ...... Concurrent resolutions ...... 2 5 . . Simple resolutions ...... 8 9 . . Summary Quorum calls ...... 1 1 . . Yea-and-nay votes ...... 2 . . Total nominations carried over from First Session ...... 1,150 Recorded votes ...... Total nominations received this session ...... 7 Bills vetoed ...... Total confirmed ...... 0 Vetoes overridden ...... Total unconfirmed ...... 1,150 Total returned to White House ...... 7

* These figures include all measures reported, even if there was no accom- panying report. A total of 0 reports have been filed in the Senate, a total of 2 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 2 10 a.m., Wednesday, February 2

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 2005, ation of S. 625, Bankruptcy Reform. Also, Senate expects Workplace Goods Job Growth and Competitiveness Act to consider the nomination of Alan Greenspan, of New (modified open rule, one hour of debate). York, to be Chairman, Board of Governors of the Federal Reserve System.

Extensions of Remarks, as inserted in this issue

HOUSE Gejdenson, Sam, Conn., E54 Rangel, Charles B., N.Y., E52 Green, Gene, Tex., E45, E46, E48 Sabo, Martin Olav, Minn., E42 Archer, Bill, Tex., E52 Isakson, Johnny, Ga., E47 Shuster, Bud, Pa., E51 Bateman, Herbert H., Va., E49 Jackson-Lee, Sheila, Tex., E53 Smith, Adam, Wash., E44, E46 Becerra, Xavier, Calif., E42 Kucinich, Dennis J., Ohio, E46, E47, E49 Stark, Fortney Pete, Calif., E43 Berman, Howard L., Calif., E45, E47 Lantos, Tom, Calif., E42 Thompson, Bennie G., Miss., E54 Capuano, Michael E., Mass., E48 Lowey, Nita M., N.Y., E44, E45 Toomey, Patrick J., Pa., E50 Clayton, Eva M., N.C., E44 McInnis, Scott, Colo., E42, E43, E44, E45, E46, E47, Towns, Edolphus, N.Y., E51 Clyburn, James E., S.C., E50 E48, E49, E50, E52 Underwood, Robert A., Guam, E39 Evans, Lane, Ill., E41 Murtha, John P., Pa., E53 Weller, Jerry, Ill., E40 Everett, Terry, Ala., E50 Owens, Major R., N.Y., E48 Young, Don, Alaska, E49 Fowler, Tillie K., Fla., E45 Paul, Ron, Tex., E50

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